The City of New York BUSINESS INTEGRITY COMMISSION 100 Church Street '20th Floor New York 'New York 10007 Tel. (212) 437-0s00

DECISION OF THE BUSINESS INTEGRITY COMMISSION TO DENY THE APPLTCATION OF THOMAS SENTTNA (BrC #prD-16s) FOR A PHOTO IDENTIF'ICATION CARD

Introduction

Thomas Sentina (BIC #PID-165) has applied to the Business Integrity Commission for a class B photo identification card pursuant to New York City Administrative Code $ 22-203(b). On October 25,2016, the Commission's staff issued and served the Applicant with the Notice to Thomas Sentina (BIC #PID-165) of the Grounds to Deny his Application for a Photo Identification Card (the "Notice"). The Commission gave the Applicant 10 business days to respond and notified him that that "[a]ny assertions of fact made in the response must be made under oath." See 17 Rules of the City of New York ("RCNY") $ l2-23(a); leffer to Applicant, dated October25,20l6. The Applicant did not submit a sworn, written response. Instead, the Applicant's attorney submitted a letter on behalf of the Applicant. ,See correspondence from Murray Richman Esq., dated November 30,2016 (the "Response").r

The Commission has completed its review of Sentina's application, having carefully considered the Notice, the Response, and the fact that the Applicant did not submit a sworn statement in response to the Notice. Based on the record as to the Applicant, the Commission denies the Applicant's class B photo identification card application because he lacks good character, honesty, and integrity based on the following five independently sufficient reasons:

l. Sentina has been publicly identified as an associate of the Gambino organized and has associated with a member of organized crime;

2. Sentina has been convicted of promoting gambling and filing a false tax return;

3. Sentina has committed racketeering activities and has associated with a convicted racketeer;

4. Sentina provided false and misleading information to the Commission; and

5. Sentina has a pending criminal action against him for assaulting a customer in the New Fulton Fish Market.

I In the Response, the Applicant incorrectly states that the Application was previously granted. ,See Response at 4, 6. Statutorv Framework

Local Law 50 of 1995 ("Local Law 50") and the rules promulgated thereunder require wholesale seafood businesses within the Fulton Fish Market Distribution Area ("Fulton Fish Market") to register with the Commissioner of the Department of Business Services. Admin. Code ç22-209. The duties of the Commissioner of the Department of Business Services were later transferred to the Commissioner of the Organized Crime Control Commission, pursuant to a charter revision approved in November 2001. The Organized Crime Control Commission was subsequently renamed the Business Integrity Commission. In November 2001, the Commission (then called the Organized Crime Control Commission) was given regulatory authority over the Fulton Fish Market. This authority is set forth in Title 22,Chapter l-A ofthe NYC Administrative Code and its related rules. In November 2005, the Fulton Fish Market was relocated to Hunts Point in the Bronx and was renamed "The New Fulton Fish Market" (the "Market").

All principals, employees and agents of businesses at the Market who perform any function directly related to the handling or transportation of seafood within or from the Market area must register for a photo identification card. ,See Admin. Code $$ 22-203(a) and (b). Those who work for a licensed business entity must obtain a class A photo identification card, and those who work for a registered business entity must obtain a class B photo identification card. See id. The Commissioner may refuse to issue a photo identification card to any person who lacks good character, honesty and integrity. ,See Admin. Code $$ 22-216(b) and (c).

The Administrative Code lists a number of factors that the Commissioner may consider in making a fitness determination, including (l) failure by the applicant to provide truthful information in connection with its application; (2) a pending administrative proceeding which relates to the applicant's fitness to perform the work for which the photo identification card is sought; (3) failure to pay taxes or fines related to the applicant's business for which liability has been admitted or for which judgment has been entered; and (4) conviction of a crime which, under article 23-A of the Correction Law, bears a relationship to the fitness of the applicant to conduct business in the Market. Local Law 50 makes clear that the Commissioner is not limited to consideration of the enumerated factors; the list is meant to be illustrative and not exhaustive. See Admin. Code $g 22-216(b) and (c).

Statement of Facts

On or about September 14, 1995, Sentina filed an Application for Class A or B Photo Identifìcation Card (the "Application") with the Department of Business Services. Sentina sought permission to work for Best Buy Shellfish & Seafood Co. (FFM-63) ("Best Buy") in the Fulton Fish Market. See Application.2 Subsequently, on or about November 6,2002, Sentina submitted to the Commission an Application for Transfer of FFM Photo Identification Card ("Transfer Application") to transfer his identification card from Best Buy to become a "salesman" for Beyer Lighting Fish Co. ("Beyer Lightning") (FFM-7) in the Fulton Fish Market. See Transfer Application. On or about January 30, 2003, the Commission issued Sentina a provisional

2 As Sentina sought to work for a registered business entity, he was required to obtain a class B photo identification card.

2 identification card to work in the Fulton Fish Market. ,See Sentina Provisional Identification. He was then issued another identification card when the market moved to Hunts Point.3

2003 Indictment

On January 28, 2003, the Office of New York State Attorney General announced the unsealing of a 92-count indictment against acting capo of the Joseph "Sonny" Juliano ("Juliano") and numerous associates of the Gambino crime family for crimes including tax fraud, illegal gambling, and offering false instruments for filing. Juliano was charged with running a multi-million-dollar gambling ring and failing to report gambling income on his personal tax returns.a See People of the State of New Yorkv. Julíano, et. al,Indictment AGI-7943 (January 15, 2003) ("Juliano Indictment"); Press Release, New York State Attorney General, January 28,2003 ("2003 Press Release"). The Juliano Indictment identified Juliano as an acting capo in the Gambino crime family, meaning that he controlled a crew ofmembers and/or associates of the Gambino family. See Juliano Indictment at2. ln a separate, but related, indictment, Sentina was named as one of nine Gambino crime family associates who controlled the daily operations of the gambling ring by collecting bets from individual bettors and channeling the money to Juliano. See People of the State of New York v. Michael "Mikey Nerves" Cifarella, et. al, Indictment AG2-7942 (January 15,2003) ("Sentina Indictment");2003 Press Release. According to the indictments, Sentina was part of the "Juliano Crew," and was known as "Tommy Fish."s See Juliano Indictment; Sentina Indictment; 2003 Press Release. Sentina was charged with promoting gambling in the first degree and filing false tax returns. See id.

On February 4,2003, Sentina pled guilty to promoting gambling in the second degree, a class A misdemeanor, and filing a false tax retum, a class A misdemeanor. He was sentenced to time served and was ordered to pay a fine of $500. ,See NYS DCJS printout for Sentina.

On October 21,2009, Sentina appeared at the Commission and gave sworn testimony. Sentina acknowledged that he conducted criminal activities at the Market, including placing and taking bets a few times per week over a period of approximately four or five years. See Transcript of October 21,2009 Sentina Sworn Testimony (*2009 Transcript"). Sentina admitted that he placed bets on " Numbers" around three times a week. See id. at 46-47. Sentina further testifìed that he would place bets, each for up to $50, beginning in 1998. See id. at 47. Sentina admitted to not only placing bets for himselt but also being a "numbers runner," taking bets for otheremployeesintheMarket. Seeid.at49-52,55,and ll0-111. Heclaimedtohaveplacedbets

3 Additionally, on May 18, 2009, pursuant to Administrative Code $$ 22-203(b) (ii) and (iii), the Commission directed Sentina to complete an additional disclosure form and submit to fingerprinting because the Commission "[found] that there [was] reasonable cause to believe that Thomas Sentina may lack good character, honest¡r, and integrity." .See Finding and Order by the Commissioner/Chair of the NYC Business Integrity Commission Regarding Sentina. Therefore, on June 9,2009, Sentina submitted an Additional Disclosure Form to the Commission. See June 9, 2009 Additional Disclosure Form. 4 The Gambino organized crime family conducts its criminal activities through groups of men operatiirg together in "crews." Each crew is headed by a "soldier." "Capos" oversee the criminal activities of the soldiers and report to the "boss" of the crime family, who at the time of the indictment, was . See People of the State of New Yorkv. Juliano, et. al,lndictment AGI-7943 (January 15, 2003) ("Juliano Indictmenf'). 5 "The Juliano Crew" was a "Criminal Enterprise," as defined in Penal Law $ 460.10(3). See Juliano Indictment at 2. The crew conducted a sports gambling business - operating throughout five counties and, at one point, took in over $25,000 per week. See Juliano Indictment at 3-5.

J in the amount of about $8,000 per year for other people. See id. at 6l . Sentina also testifîed that he personally bet around $40,000 overthe course offouryears. See id. at6l.

Sentina claimed he did not know the names ofthe individual market employees from whom he took bets, despite admitting that he regularly played cards with these employees at the bar located in the Market and worked with them at the Market on a daily basis. See id. at 50-52. Sentina also claimed to not know Juliano prior to their arrest together, or any of the organized crime associates arrested and indicted with him. See id. at 39-44. Sentina testified that he only metJulianoinjailafterthearrestandsubsequentlyatafriend'sdaughter'swedding. Seeìd.at40- 44. As demonstrated below, this testimony was false.

2015 Assault Charses

On or about March 16, 2015, Sentina was arrested for assaulting a customer of his employer, Beyer Lightning, while at the Market in a dispute over the price of seafood. ,See New York City Police Department, Complaint Report dated 3-10-15; New York City Police Department, Arrest Report dated 3-16-151' People v. Thomas Sentina, Criminal Court of the City of New York, Bronx County, Amest# 815615757 ("Complaint"). Sentina reportedly repeatedly punched the victim in the face after the victim questioned Sentina about the price of seafood. ,See Complaint. As a result of this assault, the victim sustained a fractured nose. The victim also suffered from otitis externa (swimmer's ear), an injured finger, jaw pain, and lumbar pain. See Mount Sinai Beth Israel Brooklyn Hospital Report, dated March 10, 2015 ("Medical Records"). Police were called to the scene, but Sentina had already left when the police anived. Sentina was subsequently charged with assault in the 3'd degree, a class A misdemeanor, menacing in the 3'd degree, a class B misdemeanor, and harassment in the 2nd degree, a violation. ,See Complaint; People v. Thomas Sentina, Docket No. 20158X023253. Those charges remain pending.6

On or about July 8, 2015, Sentina again appeared before the Commission to provide sworn testimony. With respect to the assault in the Market, while Sentina admitted that he pushed the victim to the floor twice, he denied ever hitting the victim. ,See Transcript of July 8,2015 Sentina Sworn Testimony (*2015 Transcript") at 38-39, 42-43,50-55. Sentina further claimed that he only pushed the victim after the victim grabbed Sentina' s arm. Id. at 38-39, 50-5 I . Sentina also could not explain why the victim suffered a broken nose after being "pushed."7 See 2015 Transcript at 34-38,50-53. Sentina admitted he left the Market after the incident and continued driving home after being notified that the police were at the scene. See id at pp. 39-40.8

ó The criminal case has been adjoumed numerous times and is next scheduled for trial on March 30,2017. 7 Coincidentally, the purported witnesses to the incident were Sentina's son and his friend, who Sentina testified he has known since he was a young boy . See 20 I 5 Transcript at 35. 8 Sentina's testimony was inconsistent regarding when he actually became aware that the police had responded to the scene and were looking for him at the Market. First he testified he was driving when he received a call from Beyer Lightning to come back to the Market because the police were there. Then, when further questioned, Sentina said he listened to a voicemail message that the police were at the Market only after he arrived at home. See 2015 Transcript at39-42.

4 Joseph "Sonn)r" Juliano

On October 10,2003, Juliano was convicted of attempted enterprise corruption, under the New York State Organized Crime Control Act. He was sentenced to a term of imprisonment of I %to 4 Yzyears. He was also ordered to forfeit $550,000 in proceeds from the gambling ring. See Press Release, New York State Attorney General, dated October 10, 2003 ("October 2003 Press Release").

During his sworn testimony in 2009 and 2015, Sentina gave conflicting testimony and provided false and misleading statements about his association with Juliano, an acting Gambino capo. In 2009, Sentina claimed he had never met Juliano until they were both arrested in 2003. See 2009 Transcript at 39-41. Sentina claimed he did not know who Juliano was, only learned who he was from the internet after the arrest, and then saw him at a wedding in 2009. See id. at 40-43. Sentina testified that when he saw Juliano at the wedding, he recognized Juliano from jail and chatted about the criminal case. See id. Sentina acknowledged that he heard of Juliano's organized crime ties - albeit not until after the 2003 indictment - but still approached him to reminisce at the wedding. See id. at39-44, and 47-48. Sentina testified that he did not know where Juliano worked, and never had any other contact with him. Se¿ id. at 67-69.

During Sentina's sworn testimony in2015, he testifred again about his relationship with Juliano. At that time, Sentina stated that he had worked next to and closely with Juliano while at the former location of the Fulton Fish Market and that Juliano had assisted a current Beyer Lightning employee, Robert Pompilio, in securing a job with Beyer Lightning in February 2007.e See 2015 Transcript at 34-35; Beyer Lightning Fish Co. Inc. Renewal Application for a Registration as a Wholesale Business, Market Business or Seafood Delivery Business, dated October 29,2015. Therefore, Sentina's prior testimony in 2009 was false, and he admittedly associated with Juliano. Moreover, as the Fulton Fish Market at the former location remained in operation untilthe end of 2005, the association with Juliano occurred both before and after Sentina and Juliano were indicted.

In the Response, the Applicant claims that Sentina never worked with Juliano and never assisted Pompilio in getting a job. See Response at 2, 4. The Applicant asserts that the 2015 transcription of Sentina's testimony is incorrect, or, alternatively, Sentina misspoke in that he meant to say "Joseph Zanochio" when he said Joseph Juliano. See id. at 2, 4,6. Notably, the Applicant did not provide a sworn statement from Sentina or anyone else to support this assertion, and failed to provide any other evidence to support it.

e According to Sentina's 2015 testimony, Robert Pompilio and Juliano were partners in selling salmon at another wholesaler in the Market prior to Pompilio's employment with Beyer Lightning. Also according to Sentina's 2015 testimony, that wholesaler was located next to Beyer Lightning in the old Fulton Fish Market so "we were always next to each other." Sentina testified that Juliano had also worked for Beyer Lightning and that he had obtained the job by asking Beyer's owner, Mark Rudes. See 2015 Transcript at34-35.

5 Basis for Denial

1. Sentina has been publicly identified as an associate of the Gambino organized crime family and has associated with a member of organized crime.

The Commission may "refuse to issue a photo identification card to . . . a principal, employee or agent of a wholesaler or seafood deliverer" for "association with any member or associate of an organized crime group as identified by a federal, state or city law enforcement or investigative agency when the applicant knew or should have known of the organized crime associations of such person." Admin. Code at çç 22-216(b) and (c). Here, the New York State Attomey General publicly identified Sentina as an associate of the Gambino crime family. ,See 2003 Press Release. Additionally, Sentina was indicted along with nine Gambino crime family associates for participating in a large-scale gambling ring that channeled money to Juliano, an acting capo of the Gambino crime family. The crimes with which Sentina was charged are commonly associated with organized crime. These facts demonstrate that Sentina associated with organized crime members, as contemplated by the Administrative Code.

Moreover, the indictment and Sentina's sworn testimony reveal a long-term business relationship with Juliano. Sentina admitted to having worked next to Juliano at the Fulton Fish Market and working with him at Beyer Lightning. Further, the fact that Sentina was indicted with numerous other associates of organized crime, and then lied about his association with Juliano demonstrates his awareness of the consequences of maintaining such associations.l0

As discussed above, in the unsworn Response, the Applicant "vehemently denie[s]" that Sentina had any business relationship with Juliano. Specifically, the Applicant argues that Sentina never testified that he worked next to Juliano or that Pompilio was offered a job at Beyer through Juliano. "Everything [Sentina] describe[d] surrounding this testimony is regarding Joseph Zanocchio." See Response at 2. Notwithstanding these unsupported claims, even if true, Sentina was still named as a Gambino associate, was indicted in a gambling scheme controlled by Juliano, and pled guilty to charges from that indictment.

The Applicant also denies being associated with or having ties to organized crime. The evidence set forth above proves otherwise. Moreover, the Commission is expressly authorized to rely on law enforcement identification of an individual as an associate or member of organized crime; Sentina was specifically identifred as such.

In sum, Sentina has been identified as an associate of the Gambino crime family by the New York State Attorney General's Office. He also associated with other associates of the l0 Furthermore, Sentina has shown that even after his indictment he remains willing to associate with members of organized crime. In his 2009 sworn interview, Sentina testifìed, for example, that he'd recently been out to lunch with John Zancocchio ("Zancocchio"), the brother of a fellow Beyer Lightning employee, who has been identified as a soldier in the . See United States v. Anthony A. Graziano et. al., 02-cr-60049. Sentinatestified that he knew of Zancocchio's organized crime ties, yet he still went to lunch with him. See 2009 Transcript at 105- 109. Zancocchio, the son-in-law of Anthony Graziano, former in the Bonanno crime family, has been publicly associated with the Bonanno crime family since 1990 when he was indicted along with Graziano on federal taxoffenses. lnl994,ZancocchiowaspermanentlybarredfromLocalSl4bytheunion'slndependentReviewBoard ('IRB") due to his organized crime membership and his failure to cooperate with the IRB.

6 Gambino crime family as a result of his participation in the gambling ring that led to his indictment. Lastly, Sentina associated with Juliano, a member of the Gambino crime family. These facts indicate that Sentina lacks good character, honesty and integrity, and are independently sufficient grounds to deny the Application. Therefore, for these reasons, the Commission denies Sentina's photo identification card application.

2. Sentina has been convicted of promoting gambling and filing a false tax return.

The Commission may "refuse to issue a photo identification card to . . a principal, employee or agent of a wholesaler or seafood deliverer . . ." who has been "convict[ed] . . . for a crime which, under article twenty-three-A of the correction law, would provide a basis for denial." Admin. Code $$ 22-216(b)(äi) and (c). Additionally, Administrative Code $$ 22-216(b)(äi) and (c) expressly permit the Commission to consider the conviction of an applicant for a crime which, considering the factors set forth in Correction Law $ 753, would provide a basis under such law for the refusal of a photo identification. The factors to be considered are as follows:

(a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.

(b) The specific duties and responsibilities necessarily related to the license or employment sought.

(c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.

(d) The time which has elapsed since the occurrence of the criminal offense or offenses.

(e) The age of the person at the time of occurrence of the criminal offense or offenses.

(f The seriousness ofthe offense or offenses.

(g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.

(h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.

Correction Law $ 753(l).

These factors weigh in favor of denying the Application based on Sentina's criminal conviction for promoting gambling and frling a false tax return. Sentina admitted to having placed

7 numerous bets for other market employees at the Market over a four or five year time period with organized crime figures as part of the Juliano crew - a criminal enterprise controlled by the Gambino organized crime family. Thus, the crimes relate directly to the purposes for which the photo identification card is sought and the duties and responsibilities associated with such identification cardo as he was committing the crime of promoting gambling while working at the Market. (The crime of filing a false tax return is directly related to the gambling, as Sentina failed to disclose the gambling proceeds that he received.) Organized crime and gambling have been pervasive historical problems within the Market. See, e.g., NYS Penal Law $460.00 (legislative findings); International Association of Independent Private Sector Inspectors General statement, dated October 31, 1996. Local Law 50 was enacted to root out organized crime and other corruption in the markets.

In the Response, the Applicant argues that since Sentina "has had no additional allegations involving gambling . . ." his conviction should not adversely affect his employment in the Market. Based on analysis of the Correction Law factors, this argument is without merit.

Specifically, Sentina's crimes occurred when Sentina was in his late 40s. Thus, this criminal conduct could hardly be described as a "youthful indiscretion." See Correction Law $ 753(l)(e). He was plainly old enough to know what the law required, how to obey it, and to recognize that the schemes in which he was involved were illegal. Moreover, given the history of the public wholesale markets, the public has a compelling interest in ensuring that services in the City are provided free of the threat of organized crime, violence and corruption. Providing this Applicant with a photo identification card is incompatible with that important objective.

Sentina's conduct bears directly on his lack of good character, honesty and integrity, providing a sufficient and independent basis upon which to deny his application. See $22- 203(bxii). For this independently sufficient reason, the Commission denies Sentina's photo identi fication application.

3. Sentina has committed racketeering activities and has associated with a convicted racketeer.

The Commission may refuse to issue a photo identification card to an employee or agent of a wholesaler who has committed a racketeering activity, including any offense listed in Penal Law $ 460.10(l), or who has associated with a person who has been convicted of a racketeering activity. See id, at çç 22-216 (b)(iv) and (c).

As discussed above, Sentina has been convicted of promoting gambling - a racketeering activity and an offense specified in subdivision one of section 460.10 of the penal law. ,See NY Penal Law $ 460.10(1); see also l8 U.S.C. $ 1961(1). Additionally, Sentina knowingly associated with Juliano, who was convicted of a racketeering activity, attempted enterprise corruption. See l8 U.S.C. $ l96l(1). (See supraat5-6 forthe Applicant's claims regarding Sentina's relationship with Juliano.) For both these independently sufficient reasons, the Commission denies Sentina's photo identification card application.

8 4. Sentina provided false and misleading information to the Commission.

The Commission may refuse to issue a photo identification card to an applicant who has failed "to provide truthful information in connection with the application." See Admin. Code $$ 22-216(b)(i) and (c). Sentina's sworn testimony in 2009 and 2015 revealed numerous inconsistencies that demonstrate that he provided false and misleading information to the Commission. While the Commission need not attribute motive, the context in which the false statements were made is notable.

First, in 2009, when the Commission's inquiry focused on Sentina's gambling conviction, Sentina attempted to distance himself from those indicted along with him, including Juliano. In fact, Sentina testified that he had never met Juliano. However, in 2015, when the Commission's inquiry focused on Sentina's involvement in the alleged assault in the Market, Sentina's testimony differed significantly. At that time, Sentina freely admitted to having a significant business relationship with Juliano - a fact Sentina expressly denied during his 2009 sworn interview. Therefore, in reviewing the context in which the statements were made, Sentina clearly tailored his testimony to what he believed would suit his interest at a given time. Because the two versions Sentina presented are contradictory, at least one of those versions must be false.

In the Response, the Applicant claims there was no inconsistency in the testimony of the sworn proceedings. The Applicant asserts that "Mr. Sentina clearly misspoke" when he testified about his relationship with Juliano, meaning instead to say "Joseph Zanocchio," not Joseph Juliano. See Response at 4. Thus, the Applicant claims that the 2009 testimony was accurate and Sentina never had a relationship with Juliano prior to their indictments. However, the only evidence to support those claims is the unsworn statement of Sentina's lawyer, not a sworn statement from the Applicant himselt as required by the Commission's rules. Therefore, those claims should be given no weight.

Additionally, Sentina's testimony regarding what occurred leading up to his arrest for assaulting a customer in the Market is incredible on its face and inconsistent with the Commission's documentary evidence, i.e., medical records. Despite Sentina's claims that he never punched the customer, and never touched the customer on his face in any manner, the victim's medical records indicate his nose was fractured. Thus, Sentina's testimony is irreconcilable with the factual evidence and can only be charucterized as false and misleading.ll The Applicant does not refute this point.

rr Another example of Sentina's lack of truthfulness is evident in relation to Sentina's testimony regarding his relationship with Anthony Graziano ("Graziano"), the former and consigliere of the Bonanno crime family. See U.S. v. Graziano et. al. 02-cr-60049. During Sentina's 2009 sworn testimony, Sentina disclosed his relationship with Graziano to the Commission. Specifìcally, Sentina testified that he had met Graziano on a number of occasions and had mutual friends, including Vito Balsamo, a reputed high-ranking member of the Bonanno crime family. See, e.g., 2009 Transcript at96-98; Frank Donnelly, "5 Staten Islanders Accused After Raids on Bonanno Mob Family," Staten Island Advance, January 27,2012. In 2015, however, Sentina testified that he had no relationship or contact whatsoever with Graziano and attempted to minimize his relationship with Graziano's daughter, Jennifer Graziano, who was indicted along with Hector Pagan, Jr. and convicted of running a drug operation, a racketeering activity. See UnitedStatesv.JenniferGrazianoTranscriptofSentencing,00-CR-00137;2015 Transcriptat13-18,20-27. Only when repeatedly and pointedly questioned about Sentina's son's prior employment with Jennifer Graziano did Sentina admit that he or his wife might have assisted his son in obtaining that job. See 2015 Transcript at 16. In light of

9 The record in this matter demonstrates that Sentina has tailored his testimony to suit his interests at a given moment, rather than providing truthful answers to questions posed to him. In several respects, Sentina has provided false and misleading testimony to the Commission. For this independently sufficient reason, the Commission denies Sentina's photo identification card application.

5. Sentina has a pending criminal action against him for assaulting a customer in the New Fulton Fish Market.

The Commission may "refuse to issue a photo identification card to . . . a principal, employee or agent of a wholesaler or seafood deliverer" with a "pending indictment or criminal action against such applicant for a crime which . . . would provide a basis for the refusal of such license or photo identification card . . . and which relates to the fitness to conduct the business or perform the work for which the license or photo identification card is sought." Id. at $$ 22- 216(bxii) and (c). As discussed above, in May 2015, Sentina was charged with assaulting a customer in the Market due to that customer questioning the price of seafood. These charges against Sentina are so serious and so closely related to both the purposes for which the photo identification card is sought and the duties and responsibilities associated with such identification card, that they should preclude the granting of this Application

Sentina has been charged with assaulting a customer in the Market, causing physical injury (a fractured nose), simply because the customer questioned the price of a product. Sentina displayed no sense of recognition as to the wrongfulness or severity of his actions. Not only did Sentina leave the Market as if no altercation had occurred, but also, when someone at Beyer Lightning called Sentina on his cellular telephone to notifu him that the police had arrived, Sentina deliberately chose to proceed home instead of returning to the Market to discuss the issue with the police. See 2015 Transcript at 39-40.12

In the Response, the Applicant states that the complainant was the aggressor and "wield[ed] a hook in his hand." See Response at 5. Sentina, however, did not call the police, press charges against the complainant - even when arrested himself - or sustain any injury. Conversely, the complainant requested police assistance and suffered injury. Moreover, the Commission is expressly authorized to deny an application for a photo identification card based on a pending criminal action. And, this criminal action bears a direct relationship to the fitness to perform the work for which the photo identification card is sought.

Especially given the Market's long history of organized crime and corruption, Sentina's continued presence in the Market would send an alarming message - that such behavior is

Sentina's previously admitted relationship with Graziano, the fact that Sentina's son lived with him at the time, and the nature of the job (working on the set of the television show "Mob \üives"), the notion that Sentina had no knowledge of how his son obtained the job is not believable. 12 In the Response, the Applicant claims Sentina went home because it was the end of his work day. See Response at 5. As discussed supra at fn 8 and accompanying text, while Sentina testified that he went home after the dispute, he also testified that Beyer contacted him when he was driving home to notify him that the police were called, and he should return to the Market, at which point Sentina said, "I ain't coming back." See 2015 Transcript at 39.

l0 tolerated.r3 The acts Sentina is charged with committing are antithetical to the purpose of Local Law 50, which is to root out organized crime and other corruption in the markets. His behavior demonstrates a lack of good character, honesty and integrity, providing a sufficient and independent basis on which to deny his application. See ç 22-203(b)(ii). For this independently sufficient reason, the Commission denies Sentina's photo identification card application.

Conclusion

The Commission is vested with broad discretion to refuse to issue a photo identification card to any applicant that it determines lacks good character, honesty, and integrity. The record, as detailed above, demonstrates that the Applicant lacks those qualiîies. Accordingly, based on the reasons set forth above, the Commission denies Thomas Sentina's Photo Identification Card Application.

This denial decision is effective immediately.

Dated: March 31,2017 THE NEW YORK CITY B SS INTEGRITY COMMISSION

lD. Brownell Commissioner and Chair

ommlssloner of

Peters Department of Investigation

t3 See, e.g., NYS Penal Law $ 460.00 (legislative findings); Intemational Association of Independent Private Sector Inspectors General statement, dated October 31, 19961, New York Counfy District Attorney's Office Press Release, dated November 9,2006 (announcing indictment of members and associates of Genovese and Lucchese organized crime families on charges of running illegal gambling ring in the public wholesale markets.)

1l Commissioner Lorelei Salas of Consumer Affairs

Deputy Commissioner Schwartz (Designee) Department of Small Business Services

Deputy Inspector Dominick Dorazio (Designee) New York City Police Department

l2