Press Release - Avoid Tax Frauds

TO: MEDIA

FROM: HOLLEY CARNRIGHT

DATE: MARCH 28, 2016

RE: PRESS RELEASE – SPRINGS FRAUDS

Scam artists here and abroad defraud millions of people each year. They use the phone, email, postal mail and the internet to trick you into sending money or giving out personal information.

The Ulster County District Attorney’s Division of Consumer Affairs offers these 10 tips to avoid a scam:

·       Know who you’re dealing with – a post office box or cell number is not a reliable identifier.

·       Know that wiring money is like sending cash – never wire money to those who insist on wire transfers for payment.

·       Read your monthly statements – if you see a charge you don’t recognize or didn’t okay, contact your card issuer immediately.

·       After a disaster, give only to established charities – in the aftermath of a disaster, give to an established charity, rather than one that has sprung up overnight.

·       Talk to your doctor before you buy health products or treatments – what evidence exists to support a product’s claims?

·       Remember there’s no sure thing in investing – beware of low-risk, high- return investment opportunities and pitches that insist you act immediately.

·       Don’t send money to someone you don’t know – if you buy items through an online auction, consider using a payment option that provides protection, like a credit card……and be wary of that online love interest who asks for money.

·       Don’t agree to deposit a check and wire money back – if a check turns out to be fake, you’re responsible for paying back the bank.

·       Don’t reply to messages asking for personal or financial information – scam emails should be forwarded to spam@uce.gov and then deleted.

·       Don’t play a foreign lottery – it’s illegal to play a foreign lottery and beware of having to pay “taxes,” “fees,” or “custom duties” to collect a prize.

The old clichés “if it sounds too good to be true....” and “there’s no such thing as a free lunch” are  more true today than ever.  If you are ‘elderly’, be wary.  Most of these scams are directed specifically to the elder, less computer savvy, generation. It’s always a good idea to double check with a friend, or family, or, you can always call us at the Ulster County Consumer Affairs Bureau, (845) 340-3260.  

Press Release - Tracy Setterlund Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     MARCH 17, 2016

The Appellate Division, Third Department, has today unanimously affirmed the June 22, 2016 conviction of Tracy Setterlund upon his plea of guilty convicting him of the crime of operating a motor vehicle while ability impaired by drugs, “DWAI,” a class E felony.

On May 26, 2013, the defendant was stopped by police on Chapel Hill Road in the Town of Lloyd for failing to keep right.  When he was stopped, police observed the indicia of intoxication and defendant subsequently failed five of the seven field sobriety tests which police administered.  A blood test later revealed that he had a combination of drugs, including Hydrocodone and Oxycodone in his system. 

In 2011, defendant, pursuant to a negotiated plea agreement, pled guilty to DWAI as charged in a superior court information, admitted his prior DWI conviction and waived his right to appeal.  He was subsequently sentenced by County Court (Williams, J.) to five years probation, his license was revoked and fines and fees were imposed.  However, in 2014, the defendant violated his probation and County Court revoked defendant’s probationary sentence and imposed a prison term of one to three years to be served under parole supervision at the Willard State Prison Program with a three year conditional discharge that required him to install an ignition interlock device. 

On appeal the defendant challenged the voluntary nature of his plea and the validity of his appeal waiver. The Appellate Division, Third Department, denied defendant’s appeal since it was not filed in a timely manner.

On appeal, the defendant is represented by Theodore J. Stein, Esq. of Woodstock, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release Nerville Thomas and Shawn McMillian

FROM:     HOLLEY CARNRIGHT

          ULSTER COUNTY DISTRICT ATTORNEY

DATE:     MARCH 11, 2016

SUBJECT: PRESS RELEASE – NERVILLE THOMAS AND SHAWN McMILLIAN

On March 8, 2016, Shawn McMillian was sentenced to 3 ½  to 7 years in state prison for his involvement in the theft of customer credit card information while employed as a sales associate at the Staples Store in Kingston. McMillian, whose criminal history includes a prior felony conviction, made over $26,000 in fraudulent charges to those credit card accounts.  He was also ordered to pay restitution. 

McMillian’s co-defendant, Nerville Thomas, entered a plea of guilty to Criminal Possession of Stolen Property in the Third Degree on December 10, 2015.  Thomas, who has no criminal history, made approximately $12,000 in fraudulent charges.  On March 10, 2016, Thomas was sentenced to 5 years probation and ordered to pay restitution. 

Both defendants used stolen credit card information to purchase American Express and Visa gift cards, which in turn, were used for personal purposes.  Their employment at the Staples store was terminated when the losses were discovered.

Press Release - Top Consumer Complaints of 2015

FROM: HOLLEY CARNRIGHT

DATE: MARCH 8, 2016

RE: PRESS RELEASE – TOP CONSUMER COMPLAINTS OF 2015

The Federal Trade Commission has released its annual list of consumer complaints, according to the Ulster County District Attorney’s Division of Consumer Affairs. The Top 5 Consumer Complaints, nationally, of 2015 are:

• 1. Debt collection
• 2. Identity theft
• 3. Imposter scams
• 4. Telephone and mobile services
• 5. Prizes, sweepstakes and lotteries

Here in Ulster County the Top 5 complaints filed locally by Ulster residents are:

• 1. Home improvement/construction
• 2. Professional services including billing, contracts
• 3. Retail sales & service (including warranties)
• 4. Mail fraud (fake checks, sweepstakes, lotteries)
• 5. Credit/Banking/Other finance/Identity theft

Consumer Affairs advises consumers to be vigilant and not make hasty decisions in the marketplace. Remember, if it sounds too good to be true, it probably is. For further information or to file a complaint, contact the Ulster County District Attorney’s Division of Consumer Affairs at 340-3260.

Press Release - Frederick Smith Sentence

FROM: HOLLEY CARNRIGHT

DATE: MARCH 7, 2016

RE: PRESS RELEASE – FREDERICK SMITH SENTENCE

On March 4^th Frederick Smith of Poughkeepsie, NY, was sentenced to 15 years in State Prison on his conviction to Criminal Possession of a Weapon in the Second Degree (a Class C Violent Felony) after a two week trial that commenced on August 3^rd, 2015. 

The case stemmed from events which occurred on January 25th, 2014, when at least 15 shots were fired by a crowd of patrons who had just exited the “Home” night club located at 3353 Rte. 9W in the Town of Lloyd. Multiple police agencies including the Town of Lloyd Police, the Ulster County Sheriff’s Office, New York State Police and others responded to the call for shots fired and found one man, wounded by a gunshot, collapsed in the parking lot of the club. Frederick Smith, along with co-defendant’s Tahmel Gordon, Jaquan Higgs and DiMetri Moseley, drove away from the scene with Gordon driving. Police gave pursuit but the suspect vehicle did not pull over even though followed by several police vehicles with emergency lights and sirens activated. After approximately a mile, defendant’s vehicle was stopped on SR 9W near Milton Avenue by a police barrier.

Police surrounded the vehicle calling out commands for the defendants to show their hands and to exit the vehicle. Defendants ignored these commands. Defendant, Frederick Smith was seen throwing a loaded semi- automatic pistol out his door. Shortly after, Gordon was seen pulling a 38 cal revolver from his waistband and was shot twice by police. 

Once stopped, Frederick Smith got out of the vehicle and despite police ordering him not to move, ran into the woods with several officers in pursuit. Smith was apprehended and all defendants were arrested.

Gordon’s injuries were not life threatening.   

Smith is 25 years old with an extensive criminal history. He was convicted of a violent felony Assault in Dutchess County in 2012, and is currently serving a 7 year sentence for a Criminal Sale of a Controlled Substance, a class B felony, for selling narcotics in the City of Poughkeepsie in 2013. Smith also has numerous misdemeanor convictions.  

The case was prosecuted by Sr. Assistant District Attorney Clifford Owens.  Smith was represented at trial by attorney Bryan Rounds and he was represented at sentencing by attorney Paul Gruner.