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NEWS RELEASE |
Contact: Alicia Maxey Greene |
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Manhattan District Attorney Robert M. Morgenthau announced today the indictment of ANNIE GUERRERO and MARIA ELENA NUNEZ, who were involved in a scheme to bribe a New York State Liquor Authority official. The District Attorney also announced the guilty pleas of BRUNO GIOFFRE, JR. and FRED GIOFFRE to violating the Public Officers Law by appearing before the New York State Liquor Authority (SLA) within two years of FRED GIOFFRE having left the SLA. The investigation leading to the indictment and guilty pleas arose from the District Attorney and State Inspector General’s joint long-term investigation into alleged corruption at the New York State Liquor Authority. ANNIE GUERRERO and MARIA ELENA NUNEZ The defendants, ANNIE GUERRERO (a/k/a ANNIE GUERRERO VAN DYKE), 34, and MARIA ELENA NUNEZ, 51, have been indicted on bribery charges. NUNEZ was additionally indicted on charges of attempted grand larceny. The crimes charged in the indictment occurred between January 2009 and February 2009. The investigation revealed that GUERRERO is the owner of El Nido Del Aguila (d/b/a D’Noche) restaurant located 213 Sherman Avenue in Manhattan, and NUNEZ is the proprietor of #1 Business Solutions Inc., an expediting company that represents businesses applying for liquor licenses. They agreed to offer an official at the SLA $5,000 to avoid a full SLA board review of GUERRERO’s application for a liquor license. NUNEZ did not carry out the agreement but rather attempted to steal the money from GUERRERO upon being told that the El Nido Del Aquila could not avoid going before the SLA’s full board. BRUNO GIOFFRE, JR., and FRED GIOFFRE The defendants BRUNO GIOFFRE, JR., 37, an attorney, and FRED GIOFFRE, 64, a former Deputy Commissioner of Licensing for the SLA, both pleaded guilty to Appearing and Practicing before a New York State agency within the mandatory two-year waiting period after termination, in violation of the Public Officers Law. Upon FRED GIOFFRE’s leaving the SLA at the end of November 2007, he established a consulting company, Gioffre Consulting Corp. His actions on behalf of the company included violations of the New York State Public Officers Law which forbids any person who has served as a state officer or employee from appearing or practicing before or receiving compensation for any services rendered on behalf of any person, firm, corporation or association in relation to any case, proceeding or application or other matter before such agency within two years of the person’s termination from such state agency. FRED GIOFFRE consulted and advised liquor license applicants who had applied to the SLA for licenses and was paid for his services. FRED GIOFFRE also assisted his nephew BRUNO GIOFFRE, JR., with BRUNO GIOFFRE, JR.’s clients, who were also applicants to the SLA. At BRUNO GIOFFRE’s direction, FRED GIOFFRE contacted various employees at the SLA’s Manhattan Office in order to obtain information about the applicants and licensees that BRUNO GIOFFRE, JR. represented. Both defendants admitted they acted in concert to violate the Public Officers Law. As part of their plea agreements, both defendants will not directly or indirectly appear before the SLA, nor will they file any documents or make any submissions on behalf of applicants or licensees. Bribery in the Third Degree is a class D felony. Attempted Grand Larceny in the Third Degree is a class E felony. A violation of the Public Officers Law is a class A misdemeanor. A class D felony is punishable by up to 2 1/3 to 7 years, and a class E felony 1 1/3 to 4 years, in prison. An A misdemeanor is punishable by up to 1 year in jail. Mr. Morgenthau thanked New York State Inspector General Joseph Fisch for his office’s assistance in the investigation, and in particular thanked First Deputy Inspector General Kelly Donovan, Investigative Counsel Quentin Atherley Sr., Chief Investigator Robert Werner, and Investigator James Gibson. Assistant District Attorney Brian P. Weinberg presented the case to the grand jury and will be in charge of the prosecution under the supervision of Bureau Chief Eric Seidel and Deputy Bureau Chief Daniel G. Cort of the Rackets Bureau. Assistant District Attorney James Meadows assisted in the investigation. Supervising Investigator Stephen McCallion, Investigation Bureau Chief Joseph Pennisi, and Assistant Chief Terence Mulderrig supervised the involvement of the investigators from the District Attorney’s Office Investigation Bureau. Investigative Analyst Michael Morris also assisted. Defendant Information: ANNIE GUERRERO 1/13/1975 MARIA ELENA NUNEZ 4/27/1958 BRUNO GIOFFRE, JR., 12/1/1972 FRED GIOFFRE 11/25/1945
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