DISTRICT ATTORNEY QUEENS COUNTY
QUEENS GRAND JURY INDICTS FIVE FOR OPERATING BAYSIDE GAMBLING WIRE ROOM
Allegedly Booked Over $750,000 Annually
July 12, 2016
Queens District AttorneyRichard A. Brown, joined byNew York City Police Commissioner
William J. Bratton and Waterfront Commissioner Ronald Goldstock, today announced that a Queens
County grand jury has indicted five individuals on charges of operating an illegal sports gambling
wire room in Bayside, Queens that is alleged to have annually booked more than $750,000 in bets.
The defendants are variously charged in a 14-count indictment with enterprise corruption –
a violation of New York State’s Organized Crime Control Act – as well as first-degree promoting
gambling and fifth-degree conspiracy. The defendants, who are presently awaiting arraignment in
Queens County Supreme Court, each face up to 25 years in prison if convicted.
District Attorney Brown said, “Over the last few years – working with our law enforcement
colleagues – we have taken down a number of these gambling operations and put them out of
business. These cases, I believe, have put a significant dent in illegal gambling nationwide – and
have saved individuals across the country millions of dollars in gambling losses.”
Police Commissioner Bratton said, “As alleged, these individuals were running an illegal
sports gambling wire room out of a location in Queens and hedged their bets thinking that their
illegal activity would remain hidden from the eyes of the law. But thanks to the hard work of NYPD
detectives, Waterfront Commission investigators and the Queens District Attorney’s Office, this
criminal enterprise was uncovered and its organizers found they were holding a losing hand.”
Waterfront Commissioner Goldstock said, “This case grew out of a broader investigation
involving multiple schemes with ties to the waterfront. Our efforts to combat crime and
corruption in the Port of New York-New Jersey are ongoing, and additional cases will be
announced in the near future.”
District Attorney Brown said that the investigation leading to today’s arrests began in
January 2014 when the NYPD’s Organized Crime Investigation Division, in conjunction with
the Queens County District Attorney’s Office’s Organized Crime and Rackets Bureau and the
Waterfront Commission, developed information about an internet and traditional illegal sports
betting ring operating in Queens County and elsewhere. The investigation included physical
surveillance, intelligence information and court-authorized electronic eavesdropping that
intercepted thousands of hours of allegedly incriminating gambling-related conversations.
District Attorney Brown said that, according to the indictment, the defendants conspired
to make money illegally through the operation of unlawful gambling that accepted bets on
sporting events through a wire room located in Bayside, Queens. Bettors would place wagers by
calling one of two phones set up at the location.
The District Attorney identified the alleged boss of the wire room as Theodore Simon,
who is accused of acting as the bookmaker who controlled and oversaw the entire operation and
profited from each criminal pursuit by the other defendants. Frank Nista is alleged to have been
Simon’s primary agent and manager of the wire room located at 211-11 45 Road in Bayside, th
Queens, which is owned by James Greene, who was allegedly paid a monthly income for its
rental and is the listed subscriber of the two landline phones installed at the location. Russell
Bellatera and Jason Levin are alleged to have manned the two phones and handled the betting
action for Nista at the location. Levin and Bellatera also allegedly doubled as money
collectors/runners for the gambling operation.
In addition to the arrests, court-authorized search warrants were executed at locations
allegedly owned or used by the defendants, resulting in the seizure by the New York City Police
Department of cash, gambling records and gambling paraphernalia
The investigation was conducted by NYPD Detectives Patrick Fogarty, Charles Walsh,
Scott Signorelli and Jeremy Natal, of Major Investigations; Sergeant Ray Almodovar and Jerry
Garcia, Major Investigations Supervisors; Lieutenant Christopher Fasano, Commanding Officer
of the Business Integrity Commission; Lieutenant Keith Loughran, Commanding Officer of the
Major Investigations Section, Teams 2 and 4; Captain John A. Dusanenko, Commanding Officer
of the Major Investigations Section; Inspector John M. Denesopolis, Jr., Commanding Officer of
the Criminal Enterprise Investigations and under the overall supervision of Assistant Chief Brian
McCarthy, Commanding Officer of the Criminal Enterprise Division, and Chief of Detectives
Robert K. Boyce. Also assisting in the investigation were Detective William McCabe, of the
NYPD’s Asset Forfeiture Unit, and Detectives Katherine Jackson and Andrew Viola, of the
Technical Assistance and Response Unit.
For the Waterfront Commission, the investigation was conducted by Detective Ralph
Grasso, Sergeant William Kiely, of the Brooklyn Field Office, under the supervision of Captain
Jeffrey Heinssen, Commanding Officer of the Brooklyn Field Office, Chief Constantine Miniotis
and Executive Director Walter Arsenault and under the overall supervision of Commissioner
Ronald Goldstock.
For the Queens District Attorney’s Office, the investigation was conducted by Detective
Joseph Diehl under the supervision of Sergeant Alan S. Schwartz, and the overall supervision of
Deputy Chief Investigator Robert J. Burke and Chief Investigator Franco Russo.
Assistant District Attorneys Michelle W. Witten and John L. Mason, of the District
Attorney’s Organized Crime and Rackets Bureau, are prosecuting the case under the supervision of
Assistant District Attorneys Gerard A. Brave, Bureau Chief, Catherine C. Kane and Mary
Lowenburg, Deputy Bureau Chiefs, and the overall supervision of Executive Assistant District
Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney for
Investigations Linda M. Cantoni
It should be noted that an indictment is merely an accusation and that defendants are
presumed innocent until proven guilty.
Note to Editors: Press release e-version posted on www.queensda.org
ADDENDUM
TheodoreSimon, 77, of Flushing, Queens, is charged with one count of enterprise corruption, twelve
counts of first-degree promoting gambling and one count of fifth-degree conspiracy. If convicted,
he faces up to 25 years in prison.
Frank Nista, 64, of Bayside, Queens, is charged with one count of enterprise corruption, twelve
counts of first-degree promoting gambling and one count of fifth-degree conspiracy. If convicted,
he faces up to 25 years in prison.
James Greene, 70, of Bayside, Queens, is charged with one count of enterprise corruption, twelve
counts of first-degree promoting gambling and one count of fifth-degree conspiracy. If convicted,
he faces up to 25 years in prison.
Russell Bellaterra, 69, of Bayside, Queens, is charged with one count of enterprise corruption, twelve
counts of first-degree promoting gambling and one count of fifth-degree conspiracy. If convicted,
he faces up to 25 years in prison.
Jason Levine, 45, of Rockville Centre, Long Island, is charged with one count of enterprise
corruption, twelve counts of first-degree promoting gambling and one count of fifth-degree
conspiracy. If convicted, he faces up to 25 years in prison.
