eCLAIM Receipt

You have successfully filed your claim.

By successfully filing your claim, you have certified that all information provided is true and correct to
the best of your knowledge and belief. You also understand that the willful making of any false
statement of material fact herein may subject you to criminal penalties and civil liabilities.

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If you have any questions please contact 212-669-3916.

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201800041630

You uploaded:
Claim Form: 1
Supporting Documents:1

2/24/2018 2:49 PM
Claimant Last Name:Rivera
Claimant First Name:Crystal
 Office of the New York City Comptroller
1 Centre Street
New York City Comptroller New York, NY 10007
Scott M. Stringer
Form Version: NYC-COMPT-BLA-PI1-D

Personal Injury Claim Form

Electronically filed claims must be filed at the NYC Comptroller's Website. If your claim is not resolved
within 1 year and 90 days from the date of occurrence you must start legal action to preserve your rights.

I am filing: On behalf of myself. 0) Attorney is filing.

On behalf of someone else. If on someone else's Attorney Information (If claimant is represented by attorney)
°behalf, please provide the following information.
Firm or Last Name: The Sanders Firm, P.C.
Last Name:
Firm or First Name:
First Name:
Address: 30 Wall Street
Relationship to
Address 2: 8th Floor
the claimant:
City: New York

State: NEW YORK

Claimant Information
Zip Code: 10005
*Last Name: Rivera
Tax ID:
*First Name: Crystal
Phone #: (212) 652-2782
*Address:
*Email Address:
Address 2:
*Retype Email
*City: Address:

*State: The time and place where the claim arose

*Zip Code:
*Date of Incident: 02/23/2018 Format: MM/DD/YYYY
*Country: USA
Time of Incident: 11:00a Format: HH:MM AM/PM
Date of Birth: Format: MM/DD/YYYY
*Location of Inside
Soc. Sec. # Incident:
HICN:
(Medicare #)

Date of Death: Format: MM/DD/YYYY

Phone:

*Email Address:
*Retype Email
Address:
Occupation:
City Employee? ®Yes ()No 0 NA
Gender ()Male (;) Female ° Other

Address:

Address 2:

City:

*State:

Borough:

* Denotes required fields. A Claimant OR an Attorney Email Address is required.

 Office of the New York City Comptroller
1 Centre Street
New York City Comptroller New York, NY 10007
Scott M. Stringer

*Manner in which
claim arose:
-See Attached-

* Denotes required field.

 Office of the New York City Comptroller
1 Centre Street
New York City Comptroller
New York, NY 10007
Scott M. Stringer

The items of $15 Million Dollars (Medical Expenses, Loss of Earning Capacity, Pain and Suffering, Mental Anguish and Punitive
damage or injuries Damages)
claimed are
(include dollar
amounts):
 Office of the New York City Comptroller
1 Centre Street
New York City Comptroller
New York, NY 10007
Scott M. Stringer

Medical Information Witness 1 Information

1st Treatment Date: Format: MM/DD/YYYY Last Name:

Hospital/Name: First Name:

Address: Address

Address 2: Address 2:

City: City:

State: State:

Zip Code: Zip Code: Phone:

Date Treated in Format: MM/DD/YYYY
Witness 2 Information
Emergency Room:
Was claimant taken to hospital by ()Yes ()No 6) NA Last Name:
an ambulance?
First Name:
Employment Information (If claiming lost wages) Address

Employer's Name: Address 2:

Address City:

Address 2: State:

City: Zip Code: Phone:

State: Witness 3 Information

Zip Code:
Last Name:
Work Days Lost:
First Name:
Amount Earned
Weekly: Address
Address 2:
Treating Physician Information
City:
Last Name:
State:
First Name:
Zip Code: Phone:
Address:
Witness 4 Information
Address 2:
City: Last Name:
State: First Name:
Zip Code: Address
Address 2:
City:
State:
Zip Code: Phone:
 Office of the New York City Comptroller
1 Centre Street
New York City Comptroller
New York, NY 10007
Scott M. Stringer

Complete if claim involves a NYC vehicle

Owner of vehicle claimant was traveling in Non-City vehicle driver

Last Name: Last Name:

First Name: First Name:

Address Address

Address 2: Address 2:

City: City:

State: State:

Zip Code: Zip Code:

Insurance Information Non-City vehicle information

Insurance Company Make, Model, Year

Name: of Vehicle:
Address Plate #:

Address 2: VIN #:

City: City vehicle information

State:
Plate #:
Zip Code:
Policy #:
Phone #: City Driver Last
Name:
Description of (") Driver () Passenger City Driver First
claimant: Name:
o Pedestrian ()Bicyclist
Motorcyclist ()Other

Total Amount Format: Do not include "S" or ",".

$15,000,000.00
Claimed:

The Total Amount Claimed can only be entered once the following
required fields are entered:

Claimant Last Name

Claimant First Name
Claimant Address,City,State,Zip Code, and Country
Claimant Email or Attorney Email
Date of Incident
Location of Incident (including State)
Manner in which claim arose

I certify that all information contained in this notice is true and correct to the best of my knowledge and belief. I understand that the willful
making of any false statement of material fact herein will subject me to criminal penalties and civil liabilities.
 Claimant alleges on about August 6, 2007, she was appointed to the Office of the Bronx
District Attorney. She is currently assigned as a Crime Analyst for the Crime Strategies Case
Enhancement Unit.
Claimant alleges former District Attorney Robert T. Johnson served in the Office of the
Bronx District Attorney until December 31, 2015.
Claimant alleges on or about January 1, 2016, District Attorney Darcel D. Clark
succeeded Robert T. Johnson.
Claimant alleges since August 6, 2007, to this day, the Office of the Bronx District
Attorney is rife with employees engaging in utter incompetence, serious misconduct and
unethical practices that effect the public safety and the constitutional rights of complainants and
defendants' that are primarily persons of color.
Claimant alleges since August 6, 2007, to this day, the Office of the Bronx District
Attorney and its prosecutors fail to disclose pertinent information to defense counsel to the
detriment of their client's constitutional rights.
Claimant alleges since August 6, 2007, to this day, the Office of the Bronx District
Attorney and its prosecutors fail to properly, collect and secure evidence to the detriment of the
accused criminal defendant's constitutional rights.
Claimant allege since August 6, 2007, to this day, the Office of the Bronx District
Attorney and its prosecutors routinely file Certificates of Readiness with the criminal and
Supreme Courts although not ready for trial to the detriment of the accused criminal defendant's
constitutional rights.
Claimant alleges the aforementioned dilatory tactics of the Office of the Bronx District
Attorney and its prosecutors are used to ensure the accused criminal defendants plea to crimes
the office could not otherwise prosecute due to the serious misconduct and unethical practices
within the office.
Claimant alleges since August 6, 2007, to this day, the Office of Bronx District Attorney,
its prosecutors and other employees routinely shop, consume alcohol in the office, engage in
sexual activities in the office and other improper activities instead of investigating and
prosecuting crimes against accused criminal defendants.
Claimant alleges since August 6, 2007, to this day, the Office of the Bronx District
Attorney and its prosecutors routinely "judge shop" meaning bring questionable legal documents
such as search warrants to be endorsed by the Court. For example, claimant alleges she would be
sent to obtain a subpoena in Supreme Court although there was no matter pending before that
Court.
Claimant alleges that in 2013 or 2014, the Office of the Bronx District Attorney and its
prosecutors covered up the mishandling of 450-500 child abuse cases assigned for investigation
and prosecution from the Office of Children and Family Services Child Protective Services
Intake Report Oral Response Transcript. Internally, these cases were backdated and closed to the
detriment of the complaints. Claimant alleges since August 6, 2007, to this day, the Office of the
Bronx District Attorney and its prosecutors engage in similar mishandling of criminal cases to
the detriment of the accused criminal defendant's constitutional rights.
Claimant alleges several years ago, she began a personal relationship with NYPD
Detective David Terrell (African-American Male) of the 42nd Precinct.
Claimant alleges approximately two years ago, Respondent DARCEL D. CLARK
(African-American Female) and CHRISTINA SCACCIA (Caucasian Female) assigned Assistant
District Attorney David Slott (Caucasian Male) to handle the cases against Pedro Hernandez and
the rest of The Hill Top Crew.
Claimant alleges on or about August 9, 2017, during the investigation into the alleged
criminal activities of Pedro Hernandez and the rest of The Hill Top Crew, she was asked to meet
with Respondent CARMEN FACCIOLO III (Caucasian Male). Prior to meeting with
Respondent CARMEN FACCIOLO III, she received information from another colleague that the
private investigator from the Pedro Hernandez case, private investigator Manny Gomez have a
personal relationship with an employee Michelle Rayo and has been seen throughout several
secure areas of the office.
Claimant alleges later she met with Respondents' JEREMY SOCKETT (Caucasian
Male); CARMEN FACCIOLO III; TERRY GENSLER (Caucasian Female); CHRISTINA
SCACCIA and Assistant District Attorney Slott. Claimant alleges that they were collectively
unaware of crucial evidence collected against Pedro Hernandez and the rest of The Hill Top
Crew. Claimant alleges this is consistent with the incompetent and unethical practices of the
office.
Claimant alleges Respondent TERRY GENSLER commented, "you have no idea what
you just did."
Claimant alleges Respondent TERRY GENSLER commented, "do you know what kind
of shit you are in?"
Claimant alleges Respondent TERRY GENSLER said to Assistant District Attorney
Slott, "shit you are buried, all they have to do is put a tombstone on your grave." Claimant
alleges Respondent TERRY GENSLER implied Assistant District Attorney Slott mishandled the
Pedro Hernandez case and related cases of The Hill Top Crew.
Claimant alleges Respondent DARCEL D. CLARK using her staff began shifting the
narrative from focusing upon the incompetence and unethical practices that led to a failed
prosecution and unprosecuted crimes against Pedro Hernandez and the rest of The Hill Top Crew
to an African-American protagonist, NYPD Detective Terrell.
Claimant alleges Respondent DARCEL D. CLARK using her staff decided she would be
used to publicly vilify NYPD Terrell with allegations of a baseless criminal investigation against
him.
 Claimant alleges when she re-buffed Respondent DARCEL D. CLARK'S and her staff
tactics, they began to target her for a baseless criminal investigation.
Claimant alleges Respondent TERRY GENSLER then proceeds to talk about NYPD
Detective Terrell, Sergeant Andrew Uruci, and the 42 whole Pct. is going down.
Claimant alleges Respondent TERRY GENSLER said, "David Terrell is a fucking
crooked cop and that is typical because Black and Sergeant Uruci is a moron for not
controlling Terrell."
Claimant alleges that's not the first time she has heard Respondent TERRY GENSLER
and other members of Respondent DARCEL D. CLARK referring to persons of color in a
negative light.
Claimant alleges Respondent TERRY GENSLER became very upset, called someone on
the phone and started to explain that she doesn't know why she's still dealing with Detective
Terrell, Sergeant Uruci and the 42 Precinct when they are being investigative by us. Claimant
alleges Respondent TERRY GENSLER disconnected the call and the conversation shifts to
Pedro Hernandez's private investigator Manny Gomez.
Claimant alleges Respondent CHRISTINA SCACCIA then proceeds to explain, prior to
Manny Gomez's termination from the NYPD she caught him stealing time and informed the
NYPD leading to his eventual separation from employment.
Claimant alleges Respondent CHRISTINA SCACCIA explained during the course of the
Pedro Hernandez case, she personally observed private investigator Manny Gomez several times
in the Complaint Room trying to gather information about criminal cases and had to be escorted
out.
Claimant alleges she then disclosed a colleague told her, private investigator Manny
Gomez not only have been to several secure locations in the office but, an employee Michelle
Rayo regularly meets him on the premise.
Claimant alleges Respondent TERRY GENSLER immediately told her to shut up.
Claimant alleges Respondent TERRY GENSLER said, "we flicking have a mole."
Claimant alleges a short time later, Respondent CARMEN FACCIOLO III accompanied
by Respondent FRANK CHIARA (Caucasian Male) told her she needed a lawyer and they
escorted her to the 4th Floor Conference Room.
Claimant alleges Respondents' CARMEN FACCIOLO III; FRANK CHIARA and
TERRENCE MULDERRIG (Caucasian Male) then proceeded to question her about the
relationship between the employee who told her about Manny Gomez's relationship with
Michelle Rayo and private investigator Manny Gomez. Claimant alleges that other than the brief
conversation she had with that colleague, she had no idea what they were talking about. Claimant
alleges Respondent FRANK CHIARA, admitted several times, he observed private investigator
Manny Gomez in several secured areas of the office and escorted him out. Claimant alleges after
intense questioning, she disclosed the name of the employee who told her about the relationship
between employee Michelle Rayo and private investigator Manny Gomez.
Claimant alleges on or about August 10, 2017, she complained to her supervisor Stefany
Brown-Paulino (African-American Female) about being racially discriminated against for failing
to cooperate with a baseless racially charged criminal investigation against NYPD Detective
Terrell. Claimant alleges that "this is how they the White Bureau Chiefs treat employees of
color."
Claimant alleges on or about August 21, 2017, Respondent CARMEN FACCIOLO III
order her to meet with Respondent WANDA PEREZ-MALDONADO (Hispanic Female)
regarding a criminal investigation into the law enforcement practices of officers assigned to the
42nd Precinct.
Claimant alleges shortly thereafter, Respondent CARMEN FACCIOLO III escorted her
to the 5th Floor Conference Room.
Claimant alleges as she entered, Respondent WANDA PEREZ-MALDONADO along
with three other lawyers and Respondents' TERRENCE MULDERRIG (Caucasian Male) began
questioning her about relationships with officers assigned to the 42" Precinct. Claimant alleges
Respondent WANDA PEREZ-MALDONADO even implied she had a personal relationship
with Pedro Hernandez and The Hill Top Crew.
Claimant alleges the intense questioning quickly shifted to her personal relationship with
NYPD Detective Terrell but, ignored the questions related her personal life.
Claimant alleges on or about August 28, 2017, Respondent CARMEN FACCIOLO III
ordered her to meet with Respondent WANDA PEREZ-MALDONADO. Claimant alleges a
short time later, she met with Respondents' WANDA PEREZ-MALDONADO and TERRENCE
MULDERRIG in her office. Claimant alleges shortly thereafter, she noticed a notepad with her
name written on it along with her cellphone records. Claimant alleges Respondent WANDA
PEREZ-MALDONADO told her, "we have a problem." Claimant alleges Respondent WANDA
PEREZ-MALDONADO told her, she lied and needs a lawyer.
Claimant alleges on or about August 30, 2017, Respondent WANDA PEREZ-
MALDONADO asked her if any employees knew about her personal relationship with NYPD
Detective Terrell. Claimant alleges shortly thereafter, she was told by Respondent ARTHUR B.
SIMMONS, effective immediately, she is being suspended with pay pending the outcome of the
criminal investigation.
Claimant alleges on or about September 6, 2017, Respondent DARCEL D. CLARK
dismissed the case against Pedro Hernandez.
Claimant alleges in an elaborate ruse to perpetuate a fraud upon the public to cover up the
incompetence, serious misconduct and unethical practices of the Office of the Bronx District
Attorney, Respondent DARCEL D. CLARK falsely publicly claimed to have started an
investigation into the law enforcement practices of the 42" Precinct.
 Claimant alleges on or about November 9, 2017, in an elaborate ruse to perpetuate a
fraud upon the public to cover up the incompetence, serious misconduct and unethical practices
of the Office of the Bronx District Attorney, Respondent DARCEL D. CLARK, falsely
published a press release claiming her Public Integrity Bureau "delved into the allegations
surrounding the Pedro Hernandez case."
Claimant alleges on or about January 19, 2018, Respondents' DARCEL D. CLARK
charged her with misconduct related to her personal relationship with NYPD Detective Terrell
but, did not serve her.
Claimant alleges on or about January 22, 2018, Respondent DARCEL D. CLARK
suspended her without pay.
Claimant alleges on or about February 23, 2018, Respondent DARCEL D. CLARK sent
two detective investigators to her former mother in law's home threatening to "pick her up."
Claimant alleges later that day, the same two detective investigators served her with
administrative charges related to her personal relationship with NYPD Detective Terrell.
Claimant alleges Respondents' THE CITY OF NEW YORK; DARCEL D. CLARK;
JEREMY SOCKETT; CARMEN FACCIOLO III; TERRY GENSLER; CHRISTINA
SCACCIA; WANDA PEREZ-MALDONADO; FRANK CHIARA and TERRENCE
MULDERRIG retaliated against her for exercising her First Amendment right of freedom of
association with NYPD Detective Terrell; for re-buffing the incompetence, serious misconduct
and unethical practices of the Office of the Bronx District Attorney and for failing to cooperate
with a baseless racially charged criminal investigation against NYPD Detective Terrell.
EXHIBIT 1
 010ICE Of THE DISTRICT ATTORNEY, Bronx County
.1101.0011i

198 East 161st Street Tel 4718) 839-7450

DARCEL 0. CLARK Bronx New York 10451 Fax (ItS) 590-2539
District Attorney

ARTHUR B. SIMMONS
Deputy Achirinktretivu Chid
Human Resources/ Leberi Relatlans

January 19, 2010

REGULAR and C6TIFiED MAIL

RETURN RECEIPT REQUESTED
7095 31-10 0002 0317'1928
Crystal Rivera

Dear Ms. Rivera

Pay since August 29, 2017. Effective
Please be adviseild that you have been on Administrative Leave witl°
January 22,, 2011, you are being placed on a Pre-heari ng Suspensi o without Pay pending disciplinary
Disciplina ry Confe rence; which will be sent under separate
charges of Misconduct, and a subsequent Step-1
cover to you and your union representative. '

Very truly yours;.

Arthur 13. Simmdns

Deputy Administrative Chief
. Human Resources/Labor Relati ns

cc: Teresa Mason

Odalys-Alonso •
Julian O'Connor
Chris Standora
Jean Walsh!
Carmen FacOolo, Ill
Frank Chiar4
Bradford Whterman
Adrian Archer
Lisa Wise
Wendy Carnpos
Timekeeping
Aggrey Decbinea, SSEU — Lo_al 371
 OFFICE OF THE DISTRICT ATTORNEY, Bronx County
(718) 590-2306
DARCEL D. CLARK 198 East 161st Street Fox (718) 590-6477
Bronx, New York 10451
bLatrict Attorney.

February 20, 2018

Scheduling Notice

Crstal Rivera

!Case 01-2018

Hand Delivery
;NOTICE AND STATEMENT F CHARGES
Dear Ms. Rivera:
you are hereby notified that the Disciplinary
•In accordance with Section 75 f•the Civil Service Law,
against you.
'Charges detailedin Exhibit A ttaehed to this notice arc preferred
held before Mr. Arthur Simmons, on
i In order to resolVe these Charges, an informal conference wil be
, 9n' floor conference room, Bronx,
! the 26th day of February 2018] at 10:00 a.m., at 198 East 161't Street
and be represented by an attorney or
New York 10451; at which inf rural conference you may appear
ey or representative about this matter
' representative of SSEU Local 71. You should contact your attorn
immediately.
: .
The conference leader shall iss a writte n recom mendation folic wing the conference. He/She may dismiss or
the Charges arc sustained, after you receive the
I sustain the Cliar0s, and recommend an appropriate penalty. if
accept it or proceed with a hearing pursuant
' conference leader's recommend.tion, you must choose whether to
mendation, you will be required to sign a
to the provisions Of section 75. As a condition of accepting the recom
n 75 and 76 of the Civil Service Law.
' waiver of your right to the procedures available to you under Sectio
District Attorney does not find it
If you do not accept the conference leader's recommendation, or if the
You must appear at this hearing. You
acceptable, a heating in aceordapce with Section 75 will be scheduled.
of your choice. You may summon
may be represented by counsel or an authorized union representative
ne witnesses who testify against you.
witnesses to testify on your behalf, present other proof and cross exami
r I r

rage 2

The following penalties may b recommended by the hearing officer if you are found guilty: (1) a
reprimand, (2) a fine not to cx ced one (1) hundred dollars (3) a suspension without p►ay not to exceed
sixty (60) days, (4) dismissal fr m service.
Charges will be
All further notices or communic tions addressed to you in connection with these Disciplinary
a
' mailed to your address of record with the agency unless you request in writing that they be sent to you at
different address.

Very truly yours,

' Nicole Kcary

Deputy Division Chief
Trial •Division

•• C: Arthur Simmons
Teresa Mason
Odalys Alonso
Julian O'Connor
Aggrey Dechinea, SSEU La al 371
Attachment
 OFFICE OF TH DISTRICT ATTO EY, Bronx County
(718) 838-7450
198 East 161st Street
DAXCF.T., CLARK Bronx, New York 10451
Fax (718)590-6477
Disiriat Attorney.

ARTHUR B. SIMMONS
Deputy Adminieir!ative Chief

mmmmm m -X
In the Matter of Charges
STATEMENT OF CHARGES
-Against-
CHARGES AND
Crystal Rivera SPECIFICATIONS
Crime Analyst
Crime Strategies and Case No. 01-2018
Case Enhancement Unit
m mmmmmmm mmmmm

CHARGE tie; misconduct and conduct which reflects

Crystal Rivera "R spondee' engaged in insubord'
e of e :District Attorney, Bronx County, and
unfavorably on her fitness as an employee of the Offic
an the City of New York.
which brings discredit to e District Attorney's Office

SPECIFICATION.1:
In August 2017 y u were directed by your Dep Chief not to contact any Field
t Officer from the 42rd Police Precinct.
Intelligence Officer or Nlew York City Police Departm
n or about August 7, 2017 at
Despite this order, you t xted Detective David Terrell
who was assigned to the 42" Police
approximately 5:54 p.m Detective Terrell is an Office
Precinct.

SPECIFICATION Officer or New York City

Despite being dir acted not to contact any Field telligence
t, on or about August 7, 2017 at
Police Department Offi cr from the 42" Police Precin
approximately 6:23 pan you tcxted Detective David T

SPECIFICATI9N III Officer or New York City

Despite being directed not to contact any Field telligence
or abou t August 8, 2017 at
Police Department Offi er from the 42"d Police Precin t, •
ll.
approximately 5:29 p. . you telephoned Detective Da id Terre

SPECIFICATION IV: Officer or New York City Police

Despite being di cted not to contact any Field ntclligence
about August 8, 2017 at approximately
Department Officer from the 42" Police Precinct, on r
8:21 p.m.. you telephoned Detective David Terrell.
NOTICE AND
STATEMENT OF CHARGES
Page 2

In the Matter of Charges ainst Crystal Rivera

Case No: 01-2018
Page 2

SPECIFICATION V: to contact any Field Intelligence

Despite the direr e given by your Deputy Chief not st 7,
nt Officer from the 42" Police Precinct, from Augu
Officer or New York Ci Police Departme ately seven ty (70)
Detective David Terrell approxim
2017 through August 15 011 you contacted
times for reasons unkno

CHARGE IIi
good order and discipline and to the interest of the
Respondent engag d in conduct prejudicial to
Office of the District Atto ney, Bronx County.

SPEICIFICAT1ON 1; nsion you were directed to return to

On or about Octob 23, 2017 while serving a paid. suspe
your legal representative refused attendance at work
your work facility. You led to report ko work and
on your behalf,

CH RGEIII: comply with the directive to return to

Respondent's conilinued insubordination and refusal to
t vic lotion of the employer-employee covenant of
work at the Bronx District Attorney's Office is a direc
employment.

prEcpurATIoN leges all of the Specifications of Charge I,

The Bronx District Attorney's Office repeats and rc-al
II, and III above.

Dated: FebruarY 23, 201

6
Art ur B. Simmons
7
New York, New York
Deputy Administrative Chief
Office of the District Attorney, Bronx County