WEDNESDAY, NOVEMBER 16, 2005

TEN UNQUALIFIED DRIVERS CHARGED IN DMV COMMERCIAL DRIVING LICENSE EXAM SCAM
Allegedly Paid Security Guard to Provide Correct Answer Key

Queens District Attorney Richard A. Brown, joined by New York State Department of Motor Vehicles (DMV) Commissioner Raymond P. Martinez, announced today that ten individuals who had previously taken – and failed – the state’s commercial driver’s license examination have been charged with fraudulently obtaining their licenses by paying a security guard at the Flushing and Jamaica, Queens, DMV offices to provide them with the driving test’s correct answer key. The security guard was charged last August for his part in the scheme.

District Attorney Brown said, “This bribery scam in which the defendants were allegedly involved posed a serious threat to public safety by allowing unqualified drivers to get behind the wheel of commercial motor vehicles and drive through heavily populated areas. But beyond that, in this post 9/11 world, such schemes are no less than an open invitation to terrorists intending to turn 18-wheelers into weapons of mass destruction.”

Commissioner Martinez said, “The New York State DMV maintains one of the most stringent licensing systems in the country to ensure that our driver licenses are issued only to eligible applicants. We will not tolerate fraud, malfeasance or any other unlawful attempts from anyone who wishes to obtain DMV-issued documents to undermine the safety and security of the residents of this state and the procedures of the Department.”

Commissioner Martinez added, “Working with state, county, and local law enforcement, our procedures ensure that those who attempt to defraud the system are identified and prosecuted, as was demonstrated in this case. I commend all those involved for their excellent work in the investigation and apprehension of these individuals.”

According to the charges, the defendants – who had previously taken DMV’s commercial driver’s license test and failed – applied again at various times between May 5, 2003 and January 28, 2005 for a commercial driver’s license. As part of the application process, the defendants were required to take a written test. The defendants are alleged to have admitted that they paid a security guard to exchange their test answers for an answer key containing the correct answers, which was then filed with their application and as a result, the defendants were able to obtain their commercial drivers’s licenses.

The defendants have been identified as (1) Marisol Almengol, 25, of 103-34 42 Avenue in Corona, Queens, a private bus company owner; (2) Alex Chogllo, 32, of 21 Wood Street, in Spring Valley, Rockland County; (3) Angel Flores, 57, of 97-34 Allendale Street in Jamaica, Queens; (4) Jose Manuel Martinez, 33, of 42-66 Phlox Place in Flushing, Queens; (5) Roger Ordonez, 44, of 140-71 Ash Avenue in Flushing, Queens; (6) Sonia Ordonez, 42, of 140-71 Ash Avenue in Flushing, Queens; (7) Marlon Palacios, 32, of 114-06 167 Street in Jamaica, Queens; (8) Adermir Ramos, 38, of 126-12 Jamaica Avenue in Jamaica, Queens; (9) Carlos Santos, 43, of 35-07 147th Street in Flushing, Queens and (10) Rosa Vasquez, 28, of 119-11 101 Avenue in Richmond Hill, Queens, a bus driver. The investigation is continuing and others are being sought.

The ten defendants have each been charged with Tampering with Public Records in the First Degree, a Class D felony, and Offering a False Instrument for Filing in the First Degree, a Class E felony, and face up to seven years in prison if convicted. They are being held pending arraignment later today in Queens Criminal Court in Kew Gardens.

District Attorney Brown noted that in August 2005, security guard Alberto Duarte, 34, of 144-45 35th Avenue in Flushing, Queens, was charged with stealing New York State Department of Motor Vehicle commercial driver’s license examinations along with the correct answers and selling them and also forging license certificates for unqualified drivers.

The District Attorney said that the criminal complaint charges that the defendant Duarte on July 20, 2005 admitted that he stole five written commercial driver’s license examinations from the Department of Motor Vehicles while employed as a security guard at the DMV office located at 168-46 91st Avenue in Jamaica, Queens, and sold the examinations and the answers to approximately thirty people who then took the exam.

Duarte was arraigned on July 21, 2005 in Queens Criminal Court before Judge Robert M. Raciti and charged with Tampering With Public Records in the First Degree, Forgery in the Second Degree, Criminal Possession of Forgery Devices, Criminal Possession of A Forged Instrument in the Second Degree, Offering a False Instrument for Filing in the First Degree and Criminal Possession of Stolen Property in the Fourth Degree and faces up to seven years in prison if convicted. Bail was set at $7,500 bond/$3,500 cash. His next court date is tomorrow, November 17, 2005.

The criminal charges further allege that Duarte admitted that he bought a booklet containing numerous five-hour class certificates and two rubber stamps of a driving school. He then allegedly filled out and stamped the certificates and gave them to people for money. The charges additionally allege that the defendant admitted that he did not actually work for the driving school and that he issued the certificates to individuals who did not take the five-hour driving instruction class.

According to the District Attorney, detectives of the District Attorney’s Detective Squad and investigators from the Metro Fraud Unit Division of Field Investigation of the New York State Department of Motor Vehicles on July 21, 2005 executed a court-authorized search warrant drafted by his Organized Crime and Rackets Bureau at the defendant’s Flushing residence and recovered a New York State Department of Motor Vehicles commercial driver’s license written examination and answer sheet, sixteen five-hour certificates, which were stamped with the name of Star Auto Driving School, and two stamps with the name Star Auto Driving School.

It is further alleged that the Star Auto Driving School certificates recovered at the defendant’s address were listed with a different address than the school’s actual address.

The investigation was conducted by Senior Investigator Mark Beharry and Investigator Sean Beaton of the Metro Fraud Unit Division of Field Investigation of the New York State Department of Motor Vehicles under the supervision of Supervising Investigator Robert Ashford and Detective Elizabeth Curcio and investigators from the District Attorney’s Detective Bureau under the supervision of Detective Sergeant Franco Russo and the overall supervision of Lawrence J. Festa, Chief, and Al D. Velardi, Deputy Chief, and assisted by investigators from the New York State Police under the supervision of Senior investigator Joel Downing and detectives from the NYPD’s Queens District Attorney’s Office Squad under the supervision of Captain John Zanfardino.

Assistant District Attorney Purvi Patel of the District Attorney's Organized Crime and Rackets Bureau is prosecuting the cases under the supervision of Assistant District Attorneys Gerard A. Brave, Bureau Chief, Marc P. Resnick, Deputy Bureau Chief, and Christina Hanophy, Chief of Airport Investigations and Counter-Terrorism Unit, and the overall supervision of Executive Assistant District Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney for Investigations Linda M. Cantoni.

It should be noted that criminal complaints are merely accusations and that the defendants are presumed innocent until proven guilty.