Judge tosses suit that alleged Adams ran NYPD as a ‘racketeering enterprise’

A federal court judge tossed former NYPD Commissioner Tom Donlon’s suit against the NYPD that alleged it was akin to a criminal organization.  File photo by Michael Appleton/Mayoral Photography Office

By Ryan Schwach

A federal judge tossed a lawsuit brought by former interim NYPD Commissioner Tom Donlon against Mayor Eric Adams and the agency he formerly led, accusing them of using the police department to run a criminal conspiracy empire.

Southern District Court of New York Judge Denise Cote argued in a lengthy opinion issued on Wednesday that Donlon failed to prove his allegations that then NYPD executives operated like a criminal organization.

The former police commissioner and FBI agent has already filed to appeal the judge’s decision.

Donlon accused Adams, former Chief of Department Jeffrey Maddrey, former Chief of Department John Chell and former Deputy Commissioner Kaz Daughtry of running the NYPD like their own personal mob, committing multiple degrees of fraud, obstructing justice and retaliating against whistleblowers.

Former Deputy Commissioner of Public Information Tarik Sheppard, First Deputy Commissioner Tania Kinsella, and Deputy Commissioner of Legal Matters Michael Gerber were also listed as defendants in the lawsuit.

However, the judge determined that those claims were insufficient to continue with the case.

The judge argued that the various members of the NYPD brass Donlon implicated – nearly all of whom were appointed by Adams and had a close relationship with the former mayor – had different motivations for their actions rather than a single goal, which would be more in line with what legally falls under a racketeering case.

“The most fundamental defect concerns the [complaint’s] failure to plead that the defendants acted with a common purpose,” the 40-page opinion read. “Thus, this opinion need only address the failure to allege a common purpose and dismisses the RICO claims on that ground.”

The judge used Gerber as an example, saying the former DCLM’s actions were “rooted in ego and control” where others were motivated by a desire to work with Donlon because of his past in federal law enforcement.

“The [complaint] repeatedly alleges that the individual defendants had different motivations that shaped their interactions with Donlon and drove their alleged misconduct, rather than a single desire to further their criminal enterprise or otherwise commit a crime,” the decision read.

Donlon’s suit, filed in July 2025, was one of many bombshells to rock Adams’ NYPD.

Donlon himself was Adams’ third PC, following Keechant Sewell’s resignation following reports of similar complaints regarding Adams’ allies in the department, and Edward Caban’s resignation after he was embroiled in a criminal investigation.

The one-time FBI senior executive had alleged he was selected and used as a public relations shield instead of a police commissioner, and that his appointment came with no power or authority as Adams and his cohort repeatedly engaged in systemic fraud, fabricated promotions, retaliatory policing, and the obstruction of internal investigations by high-ranking officials.

For his repeated criticisms, questioning and exposure of the Adams administration’s corruption, the lawsuit said, Donlon faced a series of retaliatory actions including the leaking of his private information to the press and the false arrest of his wife before he was eventually fired illegally.

He also said that there was a series of alleged forgeries made using his name to approve officers close to Adams, Daughtery, Maddrey and others for promotion.

After an investigation and repeated questioning of NYPD leaders of the incident, Donlon alleged he discovered multiple incidents of officers and chiefs being falsely promoted, which has resulted in the city paying inflated salaries, benefits and pensions to unlawfully promoted officers still in their roles today.

Donlon has already submitted a notice of appeal.

“Mr. Donlon’s claims are detailed, evidence-based and consistent with facts that have continued to emerge from ongoing federal investigations,” his attorney John Scola said in a statement to Gothamist. He told the outlet that he believes an appeals court will overturn Cote’s decision.

Also in a statement to Gothamist, the city Law Department said they were pleased with the judge’s decision.