How can I buy cocaine online in Villa Nueva
How can I buy cocaine online in Villa NuevaHow can I buy cocaine online in Villa Nueva
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How can I buy cocaine online in Villa Nueva
The charges stemmed from allegations that, inside of a Bronx auto body shop, the men possessed over 8 ounces of heroin, over 8 ounces of cocaine, over 2 ounces of marijuana, a semi-automatic 9 mm handgun with the serial number scratched off, and a quantity of ammunition. In other words, the court required that the person posting bail present to the District Attorney's office proof that the money used for the bail came from a lawful source. Family members went to a bail bond company, which wrote a bond and presented it to another judge for approval on May 17, That judge approved the bond, pending the surety, which had not been lifted. After reviewing the financial documents presented, the People were not satisfied as to the source of the funds and would not consent to lifting the surety, and so the case was sent to this court on May 25, , for a surety hearing. Santiago and the other by Mr. At the close of the hearing, this court found that the funds provided by Ms. Santiago, which were from a disbursement from her k account, were from a lawful source. The court is also satisfied that because of Ms. Santiago's stable employment history, and the nature of her relationship to the defendant ie that they are spouses who share a home and a life together , that it is credible and likely the confession of judgment would be satisfied by her own funds, obtained from legal employment, in the event such indemnification would ever be necessary. The court is not satisfied, however, that the ultimate source of the funds provided by Mr. Salazar will be from a lawful source. Salazar was predominantly obtained from credit cards. Credit cards are obviously a lawful source of funds. However, the credit card tender is actually a debt that will need to be repaid. Where the money to indemnify the credit card will come from is the question to be asked here. And this court is not satisfied that it is likely to come from a lawful source. Caesar Salazar testified that the defendant Hector Villanueva is his father-in-law; Mr. Salazar is married to the defendant's daughter. They have been married for 5 years although Mr. Salazar testified that they had been married for 7 years, he eventually acknowledged that it was 5 years - that they had married in While they do not have any children together, Mr. Salazar considers himself the father of his wife's nine-year-old daughter from a previous relationship. Salazar sees his father-in-law a few times a year, at family functions. Salazar testified that he works as a business manager in an auto dealership, Honda of New Rochelle, describing his position as, 'I do the business end of the transactions when folks come to buy cars and they need financing. He had been in his previous job- at Potamkin Hyundai in Manhattan- for a number of years, and did provide two W-2's for that job. He and his wife also run a small business, which is an enterprise wherein they own two livery cars and rent them out to taxi drivers. That business is an LLC, and has its own bank account. The defense introduced 3 bank statements for a checking account belonging to Mr. Salazar, for the period from January 27, through March 25, , and also a printout of the account activity from May 7, through May 16, Salazar testified that he has several credit cards, and the bank statements do reflect payments made to several credit accounts. Salazar acknowledged that this was not a business expense. Each of these brought the card virtually up to its limit. In cases where bail is set, and a District Attorney has reasonable cause to believe that the person posting bail is not in rightful possession of the money, or that such money constitutes the fruits of criminal or unlawful conduct, the court may require an inquiry as to the source of the funds, and whether any feature of the undertaking contravenes public policy. At such a hearing the defendant has the burden of proving, by a preponderance of the evidence, that the cash or collateral posted to secure the bond originates from a legitimate source, and is not the fruit of criminal or unlawful conduct. People ex rel. Aidala v. Warden, Rikers Island Corr. Facility, AD3d 2nd Dept. Esquivel, Misc 2d , Sup. When the bail is set in the form of insurance company bond, the inquiry will turn on the source of the money provided to the company for their fee, as well as for any collateral. Esquivel, Misc 2d The relationship between the defendant and the indemnitor is relevant as well. This is because criminal actors may utilize a 'straw person' to post bail. Indeed, when a person posts bail for someone he barely knows, it could be a sign that he is not risking his own money, and he is only a 'front' for the true source of money. Crane, AD2d 1st Dept. McIntyre, Misc 2d Sup. People v. Agnello, Misc 2d Sup. Queens County McIntyre, Misc 2d But what about when the funds advanced come from a credit card? In order to comport with the purpose of the inquiry authorized by the statute, and with sound public policy, the answer to this must be that the court should look to the likely source of the repayment to the credit card. It is now firmly established that a court in a surety hearing must look beyond the financial soundness of the insurance company which is writing the bond, to the financial means, as well as the motives, of the indemnitor. Warden, AD3d ; Esquivel, Misc 2d , See also People ex. Rel Savage v. Horn, 56 AD3d 2nd Dept. Thus, when a bond is posted, the court must look at the source of funds used to secure the bond. This is so that drug dealing proceeds, or other ill-gotten gains, are not simply converted through 'facile manipulation' into a bond. Crane, AD2d It is just as facile to pay a bond company with the credit card of an easily-persuaded or pressured minion, and then pay the credit card with the drug money, as it is to pay a bond company with the illegal funds. The Criminal Procedure Law provides that any inquiry such as this may be conducted into the 'source' of funds. The credit card is not the source—it is merely the vehicle. When a person makes a payment by credit card, she is simultaneously borrowing the money, and also advancing the money to another. See, NY Gen. A credit card company is not the 'source' of the funds for C. Hence, a court must look not just to the solvency of the bond company or credit card company , but to the 'background and purpose of any indemnitor. This is important where a credit card is being used as collateral for a bond, as credit cards are especially suited to money laundering purposes. While a court may easily scrutinize bank accounts, pay stubs and tax returns to determine the source of posted funds, it is a trickier matter to determine the source of funds that have not actually yet been paid. The credit card has advanced a payment on behalf of that cardholder, whom they think has the ability to repay them, with interest, over time. But from where the cardholder will get the money to pay the credit card is something that needs to be established at a surety hearing, and the burden of proving the source of those future funds is on the defendant. In this case, Mr. Salazar had access to several lines of credit through various credit cards, all of which he presumably obtained before terminating his long-term employment at Potamkin Hyundai. The defense did not sufficiently establish that Mr. Salazar is even employed now. He testified about a new job, but offered no supporting evidence of this employment. He also provided no details for the reason that his previous employment ended. The testimony and bank records show that Mr. Salazar is living almost hand to mouth. His income dropped almost in half the prior year. He and his wife do own a small business, but the business suffered a big loss recently. He does not own a home, or report any savings. Yet, he has agreed to pay the credit cards thousands of dollars, plus interest, to secure the bail bond. All of the charges brought each card up to its credit limit. Furthermore, Mr. Salazar claimed that he rented out vehicles for use as taxis, but no proof of rental payments were provided, no contract with the drivers who were renting the cars, and no bank statements. All of this for someone he does not describe any kind of close relationship with, and sees only at family functions. With consideration of all of these facts, this court is not satisfied that it has been proven by a preponderance of the evidence that the money that will be used to pay the credit card for the charge incurred for the bond company will come from lawful means. Although Mr. Salazar is the lawful holder of these cards, his expenses are so high in proportion to his income, his employment is only recent, if it exists at all, and he has no savings. By these transactions he charged up to the maximum the very cards he seems to rely on to get by. It defies belief that he will use his own income or assets to pay this off. At the very least, this court is not convinced, by a preponderance of the evidence, that the proceeds of criminal activity have not been promised to Mr. Salazar to pay this credit card debt, and is thus not approving the bail bond. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. Get free summaries of new New York Other Courts opinions delivered to your inbox! This opinion is uncorrected and subject to revision before publication in the printed Official Reports. In conducting this inquiry, the court may consider: a The background, character and reputation of any obligor This constitutes the Decision and Order of the Court. Enter Your Email. Justia Legal Resources. Find a Lawyer. Law Schools. US Federal Law. US State Law. Other Databases. Marketing Solutions.
People v Villanueva
How can I buy cocaine online in Villa Nueva
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