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Thursday, February 7, 2008


Detective Charged With Drug Trafficking, Obstruction Of Justice, And Bank Fraud – Sergeant Charged With Obstruction Of Justice And False Statements; 2 others charged also.

A superseding indictment was unsealed this morning in federal court in Brooklyn, New York, charging NYPD Detective LUIS M. BATISTA, ALEXANDER ALCANTARA, and DEYANIRA SANCHEZ with a conspiracy to distribute cocaine base ("crack") and cocaine; Detective BATISTA and NYPD Sergeant HENRY CONDE with obstructing justice and conspiring to obstruct justice; and CONDE with two counts of making false statements

The charges announced today are merely allegations, and the defendants are presumedinnocent unless and until proven guilty.

Also unsealed was a separate indictment charging BATISTA with bank fraud. BATISTA was arrested earlier today and his arraignment is scheduled this afternoon before United States Magistrate Judge Viktor V. Pohorelsky, at the U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The case is assigned to United States District Judge Dora L. Irizarry. ALCANTARA, SANCHEZ, and CONDE will be arraigned by Judge Irizarry on February 5, 2008.

The charges were announced by Benton J. Campbell, United States Attorney for the Eastern District of New York, Mark J. Mershon, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Division, and Raymond W. Kelly, Commissioner, New York City Police Department.

According to the indictments and other court filings, the government's investigation into drug trafficking and related acts of violence began in October 2004. In April 2006, the FBI learned that Detective BATISTA, who was assigned to the 90th Precinct Detective Squad in Brooklyn, had been providing a drug dealer, identified in the indictment as John Doe #1, with confidential law enforcement information. Between 2002 and 2007, ALCANTARA allegedly sold large quantities of cocaine to John Doe #1, who distributed both cocaine and crack to others, with the assistance of SANCHEZ. The continuing investigation resulted in the arrest of John Doe #1 and a second alleged drug trafficker, John Doe #2, on drug trafficking charges later in 2006. Subsequent to those arrests, Detective BATISTA allegedly became concerned that he might be under criminal investigation and contacted Sergeant CONDE, who was assigned to an Internal Affairs Bureau ("IAB") squad in Queens. According to the government's pleadings, CONDE searched IAB's computer database and learned that a confidential informant had provided IAB with information linking BATISTA to a drug dealer, John Doe #1. CONDE also learned that the confidential informant had identified BATISTA's picture in a photo array. Shortly thereafter, CONDE shared this confidential law enforcement information with Detective BATISTA.

The superceding indictment also alleges that when Special Agents from the FBI questioned Sergeant CONDE about his having accessed IAB's database for other police officers, he acknowledged the assistance he provided to Detective BATISTA, but falsely denied having done so for another police officer.

According to the separate indictment also unsealed today, Detective BATISTA submitted a forged and fraudulent home inspection report in order to obtain funds from the Municipal Credit Union.

If convicted, BATISTA, ALCANTARA, and SANCHEZ face a mandatory minimum sentence of ten years and a maximum sentence of life in prison. CONDE faces a maximum sentence of 20 years in prison.

The government's case is being prosecuted by Assistant United States Attorney Lee J. Freedman.

The Defendants are LUIS M. BATISTA Age: 34, HENRY CONDE Age: 34, ALEXANDER ALCANTARA - Alias: " Moreno" Age: 28
DEYANIRA SANCHEZ -Aliases: "Yanira" and "Yadira" Age: 35

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