White Plains, NY, September 29, 2010 -- Westchester County District Attorney Janet DiFiore announced that Michael Mitchell (DOB 11/07/70) of 532 Park Avenue East, Yonkers, New York, was arraigned today in White Plains City Court on a Felony Complaint charging him with:
• one count of Perjury in the First Degree, a class “D” Felony,
regarding his testimony in June of 2009 to a Westchester County Grand Jury regarding an investigation into rigged promotional contests at Empire City Casino at Yonkers Raceway.
The defendant testified under oath before the Grand Jury about the nature of his involvement in the matter of People v. Donna Cronin, et al., an investigation into rigged promotional contests at the Yonkers Raceway.
The defendant testified that he recruited his brother, Brian Mitchell, to take part in a promotional contest that had been fixed by the defendants and that his brother won one of these fixed promotional contests in 2008.
The defendant's testimony, in conjunction with other evidence presented, led the Grand Jury to vote a true bill against the three employees who have subsequently plead guilty to various grand larceny and scheme to defraud charges.
Mitchell’s perjury charge is based on the fact that his brother Brian Mitchell is deceased and had been since July 2001.
The defendant’s testimony that his brother was a participant in the Empire City scheme was false material testimony.
Mitchell’s testimony in the Grand Jury was one of more than 40 witnesses in the investigation into the ongoing scheme at Empire City/Yonkers Raceway.
The defendant is the brother in law of Donna Cronin.
The United State Attorney for the Southern District of New York currently has an open complaint charging Mitchell with Social Security Fraud. In addition he has plead guilty in US District Court to perjury, conspiracy and embezzlement.
Mitchell’s next court date is pending in Westchester County Court
Bail was set at $5,000.
The defendant faces a maximum of two and one third to seven years in state prison.
Assistant District Attorney Steven Vandervelden, Chief of the Organized Crime and Criminal Enterprise Bureau, is prosecuting the case.
In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
