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FOR a PHOTO IDENTIF'ication CARD Under Oath." See 17 Rules of the City of New York ("RCNY")

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FOR a PHOTO IDENTIF'ication CARD Under Oath. 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 New York City 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 crime family 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 Gambino crime family 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 "Brooklyn 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 Peter Gotti. 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.
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