A man who was once the highest-ranking uniformed officer in the NYPD avoided charges in a corruption scandal that rocked the department â even though âĻhis bank records revealed some $300,000 in transactions that the FBI called the hallmarks of âmoney laundering,â The Post has learned.
The fedsâ investigation turned up surveillance photos that show former Chief of Department Philip Banks making some of the deposits, while other photos show âat least one other person, whom the FBI has nðot been able to identify, making deposits into these accounts,â according to a sworn affidavit filed in Manhattan federal court.
âThe investigation has not uncovered any legitimate source for this income in BANKSâs or his spouseâs accounts, which far exceeds both his NYPD salary and the rental income he received from properties he owns, and which also far exceeds his spouseâs salary as a nurse,â FBI Special Agent Joseph Downs wrote in theð filed affidavit.
Downsâ affidavit was part of an application for a cellphone wiretap that was approved on Oct. 30, 2014 â one day before Banks stunnâąed the city by abruptly rejecting a promotion to first deputy ðžcommissioner and instead announcing his retiremenð t from the NYPD.
At the time, Banks said he quit because the new job âwould tðake me away from where I could make the greatest contribution: the police work and operations that Ið§ love so much.â
The mystery transactions involved ânumerous accountsâ controlled by Banks and his wife, Vonda ð Smith, and were made between 2007 and 2013, according to the affidavit.
During that time, Banks served as executive officer of Patrol Borough Brooklyn South, commander of Patrol Bðģorough Manhattan North and chief ðof community affairs before his 2013 promotion to chief.
Banksâ annual salary in that post wðas $201,09ðĨ6, payroll records show.
His cash deposits and withdrawâals were often made in âsmall increments,â according to the affidavit, which cites seven deposits, ranging from $520 to $1,200 each, that Banks made on four dates between Aug. 26 and Nov. 3, 2013.
Someoneð else also deposited $1,540 and $60, respectively, into two of Banksâ accounts on Sept. 8, 2013, the affięĶŽdavit says.
The âvolume and patternâ of the banðŊking activity, along with other evidence, âis indicative of the Subject Offenâse of money laundering,â Downs wrote.
âSpecifically, based on my training and experience, and participation in this investigation, I know that individuals who wish to conceal the illegal sources of financial proceeds often make efforts to conceal those proceeds by engaging in financial transactions with banks or by having third parties engage in such transactions that hide the true source ęĐēof the proceeds of unlawful activity,â he said.
Downsâ affidavit was one of at least five that were submitted to judges ðas part of a sprawling investigation into what turned outę§ to be a $12 million Ponzi scheme run by former Harlem restaurant owner Hamlet Peralta, who last year pleaded guilty to wire fraud and is serving a five-year prison sentence.
The affidavits donât detail when the feds began investigating Banks, but a Jan. 10, 2015, filing reveals that the Manhattan US Attorneyâs Office asðked the IRS to join the probe in August 2014, ę§citing the âunexplained cash deposits into the accounts of Banks and his wife.â
The IRS agreed the following December, Doð wns wrote, noting that tax investigators found Banks owned three properties in Queens: his family home and two others that âappeared to the IRS to be single-family residences that may have been subdiviðded for use as rental properties.â
Banking records showed that between 2007 and 2013, Banksâ tenants gave him money orders and checks for more than $245,000 in rent â nonðe of which he reported to the IRS, the affidavit says.
The fedsð§ļ said that rental income was separate from tðhe mysterious deposits.
âBANKS also did not report as income the hundredāēs of thousands of dollars in unexplained cash deposits reflected on the bank ðrecords, as described in the Prior Applications,â Downs wrote.
In addition, during âcertain tax years between 2007 and 20ęĶŊ12,â Banks and his wife apparentlðĨy reduced their tax bills by not filing their returns as âmarried filing jointly or married filing separately,â the affidavit says.
âInstead, they each filed separately as âhead of household,â and BANKSâs wife falsely listed her address as the address of one of thâe prð°operties that BANKS in fact rented out to other tenants, where BANKSâs wife did not in fact live,â Downs wrote.
At some point, Banks allegedly invested $250,000 with Jona Rechnitz, a former fundraiser for Mayor Bill de Blasio who later pleaded guilty to a corrðuption charge as part of a coopðīeration deal with the feds.
And on Dec. 16,â 2014, the affidavit says, IRS agents served a subpoeâna on Banksâ tax preparer, sparking a flurry of calls and text messages between Banks and Rechnitz.
The followiðĶđng Feb. 6, Banks was caught on wiretaę§p allegedly telling Rechnitz that he had been informed he wouldnât likely face tax charges because âeverything is really in [Banksâ] wifeâs nameâ and that the punishment was âjust going to be a penalty.â
Rechnitz â who last year testified that he lost about $500,000 in Peraltaâs Ponzi scheme, of which only $150,000 was his own money â was later caught on a March, 6, 2015, wiretap telling his dad, Los Angeles developer Robert Rechnitz, that he gavðĨe Banksâ money back, along with a ânice returnâ of 5 percent interest, according to an affidavit filed the following month.
Downs wrote that the FBI believed Rechnitz ðrepaid Banks â with interest â even though he hadnât been paid by Peralta because he was worried about IRS scrutiny of Banks.
The US Attorneyâð§s Offðice declined to say why it didnât bring charges against Banks.
But a senior law enforcement officiðđal who was briefed on the investigation said, âIt certainly looked to me, based on the descriptions, that they had a structuring caseâ â which involves depositing small amounts of cash to avoid detection â and âpotential money laundð ering and tax evasion.â
Butð° the official said prosecutors âdid not feel they had anything that could stick in court and convict Banks.â
âAt the end of theð day, they felt that itâs very easy to get an indictment but you have to prove it in court,â the official said.
Banks, 55, seemed stunned when The Post confronted hðim at his hoðme Sunday afternoon with the allegations contained in the affidavits. He began shaking and his eyes welled up with tears before he said, âNo, I have no comment.â
Banksðđ alâso said his wife had no comment and referred The Post to his lawyer, Benjamin Brafman, who said the tax case was âresolved with no prosecution.â
Brafman also said the money at issue came from an inheritance, ęĶrent payments and âpoker games,â but declined to answer other questions.
Additional reporting by Shawn Cohen and Kevin Sheehan