Press Release - IRS Phone Scam

FROM: HOLLEY CARNRIGHT

DATE: NOVEMBER 30, 2015

RE: PRESS RELEASE -  TAXPAYERS TARGETED BY IRS PHONE SCAM

If you get a call from someone from the IRS demanding that you pay up or else, hang up. According to the Ulster County District Attorney’s Division of Consumer Affairs, these individuals are out to cheat you.

This phone scam has hit taxpayers in nearly every state in the country. Callers claiming to be from the IRS tell intended victims they owe taxes and must pay using a pre-paid debit card or wire transfer. They often threaten those who refuse to pay with arrest, deportation or loss of a business or driver’s license.

The truth is the IRS first contacts people by mail – not by phone – about unpaid taxes. And the agency won’t ask for payment using a pre-paid debit card or wire transfer, and it won’t ask for a credit card number over the phone.

If you get such a call, Consumer Affairs (340-3260) offers these suggestions:

·       If you owe Federal taxes, or think you might owe taxes, hang up and call the IRS at 800-829-1040. IRS workers can help you with payment questions.

·       If you don’t owe taxes, call and report the incident to TIGTA (Treasury Inspector General for Tax Administration) at 800-366-4484.

TIGTA and the IRS encourage taxpayers to be alert for phone and e-mail scams that use the IRS name. The IRS will never request personal or financial information by e-mail, texting or any social media. These scam e-mails should be forwarded to phishing@irs.gov. Don’t open any attachments or click on any links in those e-mails.

                                                         

Security Deposits

GETTING YOUR SECURITY DEPOSIT BACK

 

If you want to get the security deposit back from your landlord, you may have to do more than simply dusting and vacuuming.

 

The security deposit sum you pay prior to moving in is not only collateral to hold the rental, but an amount of money that the landlord can use to fix any damage that you, as a tenant, may have done. A tenant is not responsible for “normal wear and tear”. However, if you set a hot frying pan on a laminate countertop, for example, you will most likely be responsible for the repair.

 

The Ulster County District Attorney’s Division of Consumer Affairs offers these tips to improve your chances of getting your security deposit returned:

·        Document the Damages – one of the first things you should do when moving into a rental is to itemize and document anything damaged (a dent in the fridge, a hole in the wall). Take photos and write everything down. Send copies to the landlord as documentation. Take photos when you move out as well, for comparison.

·        Review the Lease – what is expected of you upon moving out? Do you have to have the carpets cleaned or is that something the landlord will cover? Understand the terms of the lease, BEFORE YOU SIGN IT.

·        Walk-Through – want to know what needs to be done before you move out? Have your landlord walk through the rental with you and tell you exactly what needs to be done to get your full deposit back.

·        Hire a Professional – unsure if you can clean the place up to the landlord’s standards? Hire a cleaning/repair company to do the work for you and keep those receipts.

 

When problems arise regarding security deposits, tenants should first try to resolve them with the landlord. If a dispute cannot be resolved, tenants may file a complaint with Consumer Affairs (340-3260) or pursue in Small Claims Court.

 

The Ulster County Consumer Affairs Bureau keeps records of tenant complaints regarding security deposit return.  If you are a prospective tenant and have a question about a landlord, you may reach us at the above referenced number.

 

Basheem Bennett

                                                     

Basheem Bennett, age 22 of Poughkeepsie, New York was sentenced today in Ulster County Court to 25 years to life in prison for the 2014 Easter Sunday murder of Ryan Gray.  Bennett pled guilty to Murder in the Second Degree on November 10, 2014.  His sentencing was adjourned due to a promise he had made to testify against an accomplice, Taquan Webb, a promise which he reneged on.  His cooperation would have resulted in our office’s recommendation of the minimum sentence, 15 years to life in state prison, although County Court Judge Williams had only promised Bennett a sentence of 18 to life, and only if he cooperated with the prosecution against Webb.    

At Bennett’s sentencing, Senior Assistant District Attorney Emmanuel Nneji recommended the maximum sentence citing that Bennett entered a crowded New Paltz college bar and fired a number of shots, hitting and killing Gray and also striking a young female. 

It is seldom that my office enters into this type of agreement, to wit, to recommend a minimum sentence in return for a defendant’s cooperation.  Bennett was given a rare opportunity, to acknowledge his crime and to show some semblance of humanity by helping to bring to justice another person responsible for this killing.  Under all of the circumstances, the cowardly manner in which this heinous crime was committed, and then his reneging on his agreement, in our judgment warranted our recommendation of the maximum sentence.

WISE GIVING

 

 

The Ulster County District Attorney’s Division of Consumer Affairs advises donors to consult www.bbb.org/charity-reviews/national before contributing to national charities. This is the website for the Better Business Bureau Wise Giving Alliance. The Alliance helps donors make informed giving decisions by providing Charity Reports and advances high standards of conduct among organizations that solicit contributions from the public through its Accountability Standards. Consumer Affairs can be reached at 340-3260.

 

 

 

Press Release - Brian Allen Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     NOVEMBER 2, 2015

On Thursday, October 29, 2015, the Appellate Division, Third Department unanimously affirmed the November 26, 2013 conviction of Brian Allen upon a jury verdict convicting him of the crimes of criminal possession of a weapon in the third degree, grand larceny in the fourth degree and petit larceny. 

Defendant’s conviction stems from an incident which occurred on March 30, 2013 inside the Trailways bus station in Kingston.  On that date, while the defendant and victim were waiting at the bus station, defendant reached into the victim’s coat pocket and took his wallet.  Eventually, the victim, a college student, was able to retrieve his wallet with the assistance of two female bystanders, at which point, the defendant hastily left the station.  A Kingston patrol officer who responded within minutes, quickly located the defendant, who was placed under arrest, following a police-arranged show-up and found to have a switchblade knife in his possession.

Following his conviction, the defendant, a prior felony offender, was sentenced by County Court Judge Donald A. Williams to consecutive indeterminate terms of imprisonment of two to four years on his grand larceny in the fourth degree conviction and three and one-half to seven years on his criminal possession of a weapon in the third degree conviction and to a concurrent one year sentence on his petit larceny conviction. 

On appeal, the defendant argued that his grand larceny and petit larceny convictions were against the weight of the evidence and that County Court erred in denying his motion to suppress his pre-Miranda statement to police that he possessed a pocketknife.  In addition, the defendant maintained that County Court improperly allowed the People to submit proof regarding his prior convictions as part of their case-in-chief and gave incomplete instructions to the jury on the weapons possession count.  All of these claims were, however, rejected by the Appellate Division, Third Department. 

On appeal, the defendant is represented by Mitch Kessler, Esq. of Cohoes, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.