Tuesday, September 22, 2020

Comptroller Stringer Calls on State Street to Take Action on Deforestation

 

State Street voted against or abstained from voting on crucial shareholder resolutions focused on deforestation

Deforestation is the second largest contributor of carbon emissions after fossil fuels, releasing 4.9 billion metric tons of carbon into the atmosphere each year, and is associated with human rights violations

Comptroller Stringer: “Given the clear and material environmental, social, and governance risks associated with deforestation and climate change, it is crucial that all investors carefully scrutinize their exposure to deforestation.”

 New York City Comptroller Scott M. Stringer sent a letter to State Street Corporation Chairman and Chief Executive Officer Ronald O’Hanley calling on the company to prioritize addressing deforestation risks in its portfolio. Deforestation is the second largest contributor of carbon emissions after fossil fuels, releasing 4.9 billion metric tons of carbon into the atmosphere each year, and is associated with terrible human rights violations in indigenous communities.

In his letter, Comptroller Stringer argues that as a leading shareholder in several companies linked to deforestation, State Street holds tremendous power to promote more sustainable business practices but has instead in recent years voted against or abstained from voting on crucial shareholder resolutions focused on deforestation according to a recent Friends of the Earth report. Comptroller Stringer urges State Street to press their portfolio companies  on how they will address risks related to deforestation.

Comptroller Stringer also underscores that shareholder proposals aimed at expanded reporting on deforestation in supply chains or that mandate the creation of strategies to reduce deforestation are unequivocally beneficial for the sustainable creation of long term value.

The full text of the letter can be found below.

Dear Mr. O’Hanley,

As man-made fires rage across the Amazon and Indonesia and thousands of acres of forest across the world are mowed down, I am calling on State Street to address its role in abetting global deforestation. Deforestation is the second largest contributor of carbon emissions after fossil fuels and is associated with well-documented abuses of human rights. Given the clear and material environmental, social, and governance risks associated with deforestation and climate change, it is crucial that all investors carefully scrutinize their exposure to deforestation. As a leading shareholder in many companies linked to deforestation, State Street holds tremendous power to help promote more sustainable business practices; however, in recent years State Street has instead voted against or abstained from voting on crucial shareholder resolutions focused on deforestation according to a recent Friends of the Earth report.  As Comptroller of the City of New York and chief investment advisor to the New York City Retirement Systems, I urge State Street to prioritize addressing deforestation risks in its portfolio, both by strengthening engagement and by supporting resolutions that can help minimize the risks deforestation poses to our economy and our climate.

Deforestation is a key driver of the climate crisis. When forests are pillaged and razed, the earth loses its capacity to lock down atmospheric carbon and our ability to achieve the goals of the Paris Agreement are threatened. On average, we have lost an area of forest as large as the United Kingdom every year from 2014-2018.  As a result of deforestation, 4.9 billion metric tons of carbon are released into the atmosphere every year. Forest loss in many parts of the world is accelerating, with the global rate of tree cover loss increasing by 44% since 2014.  Continuing to lose forest at that rate will put our climate goals forever out of reach.

Furthermore, the industries responsible for deforestation are also closely linked with widespread violations of human rights and violence perpetrated against indigenous communities. The past decade has witnessed hundreds of killings of indigenous people and environmental advocates who have worked to resist illegal deforestation, land-grabs, and the destruction of native habitats.  The world cannot continue to allow profit-driven deforestation to threaten safety of indigenous communities who serve as faithful stewards of our environment.

Deforestation and its associated human rights abuses are a direct consequence of the behavior of consumer goods, palm oil, food production, and agribusiness companies, many of which State Street is invested in. According to CDP – in which both State Street Corporation and State Street Global Advisors are investor signatories – “leading consumer goods companies [are] directly linked to deforestation: soybean, cattle, paper & palm oil risks potential threat to global supply chains” and related human rights violations.  Many of these companies, as part of the Consumer Goods Forum, have made commitments to eliminating deforestation in their supply chain, but have so far failed to meet their own goals. Institutional investors like State Street have a clear obligation to press their portfolio companies on how they will address risks relating to deforestation.

Given State Street’s holdings in a range of companies involved in agribusiness or in the Consumer Goods Form (CGF), a trade group of the world’s largest retailers, I believe your company could drive real change if it prioritized deforestation in its R-Factor ESG scoring system and investment stewardship activities. Shareholder proposals that seek expanded reporting on deforestation in supply chains or that mandate the creation of strategies to reduce deforestation are unequivocally beneficial for the sustainable creation of long-term value and the minimization of climate risk. I ask that State Street take a much more proactive role on these risks, including through both its proxy voting and company engagement policies and activities. State Street can demonstrate its commitment to these issues by being fully transparent on its engagement criteria and voting record on issues relating to deforestation and human rights violations linked to deforestation.

State Street has been vocal that addressing ESG issues is a good business practice and a driver of long-term value. I agree. I believe that the long-term prospects of State Street, its portfolio companies, and our climate will all be better served if we urgently confront deforestation.

Sincerely,
Scott M. Stringer

EDITOR'S NOTE:

State Street Corporation is an American financial services and bank holding company headquartered at One Lincoln Street in Boston with operations worldwide. It is the second-oldest continually operating United States bank; its predecessor, Union Bank, was founded in 1792.

CEORonald P. O'Hanley (Jan 1, 2019–)
Assets under management2.511 trillion USD (2018)
Revenue11.98 billion USD (2018)
Number of employees40,142 (2018)

THE BHARATI FOUNDATION HOSTS BACK TO SCHOOL EVENT - Saturday September 26 - 1 - 3 PM

 




Mistakes by Rookie Consultants in a Campaign.

 

We don't normally put these up, but in this case we are going to make an exception to show the mistakes that can be done by rookie consultants.

At least the wrong name was taken off for just a Good Afternoon, followed later by Dear Friend. However Team Fernandez knows that I am in the media, and should know that I am not going to contribute to any campaign. I wanted to give the assemblywoman some free publicity, but since I was not buying a ticket I got no further than that. Not only that, but this event is at the same time of a very important 49th Precinct Council meeting. 

Good luck Assemblywoman Fernandez, because with the team you have assembled you are going to need lots of it.


Good afternoon,

I just wanted to make sure you saw Nathalia's email yesterday. We're very excited to kick off our campaign next Tuesday. We hope you'll consider joining us!

You can buy your ticket here: https://www.nycvotes.org/campaigns/nathaliafernandez/contributions/new

Every contribution by a NYC resident is matched 8:1 by the city!

To RSVP, just reply to this email, or email Mo at Mohammed@culverplace.com

See you then!

Team Fernandez

**********************
Dear Friend,

Next Tuesday, September 29th, I am announcing that I am officially running for Bronx Borough President. I hope you'll be join me at our Zoom kick-off party and fundraiser from 6 to 8 PM.
To RSVP, please email Mo at Mohammed@culverplace.com

We will be joined by my dear friend and colleague, Assm. Catalina Cruz! I really hope to see you there as we kick off this historic campaign. 

>> If you donate now, every $1 is matched 8:1 by the city. A small contribution goes a long way in this race, and I need everyone to pitch in.

Best,

Nathalia


Governor Cuomo Announces Five States Added to Travel Advisory and 10 Million COVID-19 Diagnostic Tests Conducted

 

Arizona, Minnesota, Nevada, Rhode Island, and Wyoming Meet Metrics to Qualify; No Areas Are Removed

0.89 Percent of Yesterday's COVID-19 Tests were Positive

3 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Visits 1,023 Establishments; Observes 3 Establishments Not in Compliance

Confirms 754 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 451,227; New Cases in 43 Counties

 Governor Andrew M. Cuomo today announced that five states—Arizona, Minnesota, Nevada, Rhode Island, and Wyoming—have been added to New York State's COVID-19 travel advisory. No areas have been removed. The advisory requires individuals who have traveled to New York from areas with significant community spread to quarantine for 14 days. The quarantine applies to any person arriving from an area with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or an area with a 10 percent or higher positivity rate over a 7-day rolling average. 

The governor also announced that New York State has now conducted 10 million COVID-19 diagnostic tests. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov

"For a clear example of the continuing extent of the COVID crisis in America, look no further than New York's travel advisory list. The virus' spread across the country—new cases have increased more than 15 percent in the last 10 days—makes it all the more urgent that we stay vigilant here at home," Governor Cuomo said. "That's why New Yorkers need to continue wearing masks, socially distancing and washing their hands in conjunction with the careful enforcement of local governments. We can defeat this virus by staying New York Tough, but we have a long way to go."

The full, updated travel advisory list is below:

Alabama, Alaska, Arkansas, Arizona, Delaware, Florida, Georgia, Guam, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, Nevada, Oklahoma, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, West Virginia, Wyoming

Yesterday, the State Liquor Authority and State Police Task Force visited 1,023 establishments in New York City and Long Island and observed 3 establishments that were not in compliance with state requirements. A county breakdown of yesterday's observed violations is below:

Nassau - 3

Today's data is summarized briefly below:

  • Patient Hospitalization - 470 (+2)
  • Patients Newly Admitted - 43
  • Hospital Counties - 31
  • Number ICU - 133 (-1)
  • Number ICU with Intubation - 67 (+1)
  • Total Discharges - 76,246 (+28)
  • Deaths - 3
  • Total Deaths - 25,432

Monday, September 21, 2020

Computer Programmer Pleads Guilty In Manhattan Federal Court To Making False Statements About His Involvement In The “Silk Road” Website

 

Michael R. Weigand Concealed Role in the Silk Road Website, Including Providing Technological Advice Directly to Silk Road’s Principals

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Joleen Simpson, Acting Special Agent in Charge of the Boston Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced that MICHAEL R. WEIGAND, a/k/a “Shabang,” a/k/a “~Shabang~,” a/k/a “~s,” a/k/a “s,” pled guilty today to making false statements to federal agents about his involvement in, and his work for, the “Silk Road” online illicit black market, which was responsible for distributing hundreds of millions of dollars of narcotics and other contraband.  WEIGAND’s false statements concealed his role in the operation of the Silk Road website.  WEIGAND surrendered today and pled guilty before United States District Judge William H. Pauley III, to whom his case is assigned.

Acting U.S. Attorney Audrey Strauss said:  “Silk Road was a secret online marketplace for illegal drugs, hacking services, and a number of other criminal activities.  Michael Weigand helped Silk Road by, among other things, identifying technological vulnerabilities in the site, supplying technological advice directly to Silk Road’s leadership, and travelling overseas to remove Silk Road evidence from a co-conspirator’s residence.  When Weigand was questioned by law enforcement in 2019, he falsely claimed not to have done anything at all for Silk Road.  For his various false statements, Weigand now faces potential prison time.”

IRS-CI Acting Special Agent in Charge Joleen Simpson said:  “During its years of operation the Silk Road website allowed thousands of individuals to anonymously conduct narcotics transactions, launder money, and facilitate other illegal transactions.  This investigation took law enforcement above and beyond its traditional role in financial crimes.  In effect, it put us squarely in the middle of the high-tech world of cyber-crime and the dark web.  When given the opportunity to provide truthful statements to the agents, Weigand knowingly and willfully attempted to deceive the agents of the role he played in providing technical expertise to the Silk Road operators.  I hope that this guilty plea will discourage others from providing false information to law enforcement officers in the future.”

FBI Assistant Director William F. Sweeney Jr. said:  “Weigand and others used their skills and savvy to create a secret online enclave for criminals to trade in illegal drugs and illicit goods and services.  They thought they were smart enough to evade law enforcement, but they were wrong.  When Weigand was confronted, he lied about his involvement – once again thinking we weren’t smart enough to catch him.  With today’s plea, he’ll have time to contemplate the truth as he awaits his sentence.”

HSI Special Agent-in-Charge Peter C. Fitzhugh said:  “Criminal activity on the dark web continues to be more prevalent, allowing easy accessibility to narcotics and illicit goods with the click of a button.  With online criminal enterprises growing, law enforcement technologies are advancing, and HSI with its partners are infiltrating the dark web, intercepting online dealings and locating the perpetrators.  Today’s guilty plea should stand as reminder to those criminals who have a false sense of security behind their computer screen, that they too will one day face the consequences of their actions.”

According to the allegations in the Information, court filings, statements made in court, and evidence presented during the 2015 trial of Ross Ulbricht, Silk Road’s founder and chief administrator:

Ulbricht created Silk Road in approximately January 2011, and owned and operated the underground website until it was shut down by law enforcement in October 2013.  Silk Road emerged as the most sophisticated and extensive criminal marketplace on the Internet at the time.  During its more than two-and-a-half years in operation, Silk Road was used by several thousand drug dealers and other unlawful vendors to distribute hundreds of kilograms of illegal drugs and other illicit goods and services to well over one hundred thousand buyers, and to launder hundreds of millions of dollars deriving from these unlawful transactions.  Silk Road was specifically designed to allow its users to buy and sell drugs and other illegal goods and services anonymously and outside the reach of law enforcement through the use of the Tor network and a Bitcoin-based payment system. 

WEIGAND – who is a computer programmer and electrical engineer – worked with Roger Thomas Clark, the senior adviser to Ulbricht, on certain aspects of Silk Road.  For instance, WEIGAND and Clark worked to identify technological vulnerabilities in the Silk Road website.  WEIGAND also supplied technological advice directly to Clark and Ulbricht.  In January 2019, WEIGAND was questioned by an IRS Special Agent and an FBI Special Agent.  After being specifically warned that it is a federal crime to make a false statement to a federal law enforcement officer, WEIGAND attempted to cover up his involvement in Silk Road by falsely stating, among other things, that (1) he never opened an account on Silk Road; (2) he never used the online pseudonyms “Shabang” or “~Shabang~”; (3) he never transferred Bitcoin to Silk Road; (4) he never exposed computer security vulnerabilities in the Silk Road website; (5) he never communicated with anyone who used the online pseudonym “Dread Pirate Roberts,” “DPR,” or “Silk Road”; (6) he never performed any services for the Silk Road website; and (7) he did not know the true identity of “Variety Jones” (one of Clark’s pseudonyms) on Silk Road.  WEIGAND also falsely stated that the purpose of his trip to London in late 2013, following the takedown of the Silk Road website and arrest of Ulbricht, was to meet with Clark’s associate regarding a marijuana seed business.  In fact, WEIGAND traveled to Clark’s London residence and removed Silk Road evidence.

WEIGAND, 56, of Kirtland, Ohio, pled guilty to one count of making false statements, which carries a maximum sentence of five years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  WEIGAND is scheduled to be sentenced by Judge Pauley on December 18, 2020, at 2:00 p.m.

The founder and operator of Silk Road, Ross Ulbricht, was previously convicted of seven offenses after a jury trial: distributing narcotics, distributing narcotics by means of the Internet, conspiring to distribute narcotics, engaging in a continuing criminal enterprise, conspiring to commit computer hacking, conspiring to traffic in false identity documents, and conspiring to commit money laundering.  Ulbricht was sentenced principally to life imprisonment and $183 million in forfeiture.  The senior adviser to Ulbricht, Roger Thomas Clark, pled guilty to conspiring to distribute narcotics and his sentencing is currently pending; Clark faces a maximum potential sentence of 20 years in prison.

Ms. Strauss praised the outstanding joint efforts of the IRS-CI, the FBI, and HSI.  Ms. Strauss also thanked the FBI’s Cleveland Office for its assistance.

Chairman Of Venture Capital Funds Pleads Guilty In Mahhattan Federal Court To Securities And Wire Fraud

 

David Wagner Defrauded More than 30 Investors of $8 Million Dollars and Misappropriated Investor Funds

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today that DAVID WAGNER pled guilty to securities fraud and wire fraud in connection with his operation of a number of corporate entities (collectively referred to as “Downing”) as a Ponzi-like scheme.  WAGNER solicited over $8 million from Downing investors through materially false and misleading statements and misappropriated a significant portion of those funds, using them for, among other things, the payment of management fees, the repayment of prior investors, and personal expenses.  WAGNER pled guilty before U.S. District Judge Alvin K. Hellerstein.  

Acting Manhattan U.S. Attorney Audrey Strauss said:  “As he admitted in court, David Wagner conned employee-investors into handing over more than $8 million they thought would be invested in a viable operation that would generate returns.  Instead, Wagner’s business was largely a sham, and employee-investor funds went to pay Wagner’s personal expenses or pay off other investors in Ponzi-like fashion.  David Wagner now awaits sentencing for his crimes.”

According to the Indictment filed in Manhattan federal court:

From at least in or about December 2013 through at least in or about 2017, WAGNER, the chief executive officer of Downing, and Lawrence, the president of several Downing entities, solicited investments in Downing, a purported venture capital firm that would invest in healthcare start-ups referred to as “portfolio companies” and provide sales, operations, and management expertise to the portfolio companies in order to bring their products to market and generate returns for Downing investors, who also worked for Downing (the “employee-investors”).  WAGNER and Lawrence, and others acting at their direction, solicited more than approximately $8 million in investments in Downing from employee-investors located across the United States, including in the Southern District of New York, as a requirement of employment with Downing. 

After making the required investment of between $150,000 and $250,000 in Downing and starting their employment at Downing, employee-investors soon learned, among other things, that contrary to representations made by WAGNER and Lawrence, and others acting at their direction, Downing did not have access to millions of dollars in funding, often could not make payroll, had virtually no products to sell, and employee investments were the overwhelming source of funding.  Employee-investors also learned that WAGNER and Lawrence had misrepresented the companies in Downing’s portfolio, their product readiness, and ability to generate revenue.  While the particular formulation of these misrepresentations shifted over time, WAGNER and Lawrence systematically sought and obtained employee-investor money through materially false and misleading statements.

Beginning in or about May 2016, after several employee-investors had brought lawsuits against WAGNER, Lawrence, and several Downing entities alleging claims based on, among other things, fraud, WAGNER and Lawrence continued the scheme by recruiting employee-investors into a new company called Cliniflow Technologies, LLC (“Cliniflow”), through materially false and misleading statements about Cliniflow’s cash reserves, portfolio companies, and exposure to litigation.  In fact, Cliniflow purportedly held majority ownership in the same primary portfolio company as other Downing entities and was simply a new name used by WAGNER and Lawrence to solicit investments from new employee-investors that was not tainted by the lawsuits filed against Downing entities.  A majority of the over $1.5 million raised by WAGNER and Lawrence through Cliniflow was transferred to other Downing entities and used to pay for, among other things, WAGNER’s personal expenses and the repayment of prior investors.

Finally, in or about January 2017, WAGNER obtained a $400,000 loan and $100,000 grant from the Connecticut Department of Economic and Community Development (“CTDECD”) for Cliniflow on the basis of materially false statements made by WAGNER to the CTDECD.  WAGNER transferred a majority of the funds obtained from the State of Connecticut, which were required to be used for Cliniflow’s purported relocation from New York to Connecticut, to other Downing entities and also used a portion of the funds to purchase a luxury car for his daughter.

WAGNER, 54, of East Greenwich, Rhode Island, pled guilty to two counts of securities fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  As part of the plea agreement with the Government, Wagner agreed to forfeit $549,000 in United States currency and pay restitution of $7,850,000 to victims of his criminal conduct.  

WAGNER will be sentenced by Judge Hellerstein on January 11, 2021, at 11:00 a.m. 

The case against co-defendant Marc Lawrence is still pending[1].  

Ms. Strauss praised the work of the Federal Bureau of Investigation, and thanked the U.S. Securities and Exchange Commission and the Enforcement Section of the Massachusetts Securities Division for their assistance.  

 [1] The charges against Marc Lawrence contained in the Indictment are merely accusations, and he is presumed innocent unless and until proven guilty.

DOI ARRESTS EXPEDITOR ON CHARGES OF SUBMITTING FORGED DOCUMENTS TO THE CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)

 

DEP alerted DOI to purported fraudulent DEP water meter installation permits

 Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), announced the arrest today of an expeditor who allegedly submitted forged documents to the City Department of Environmental Protection (“DEP”) Bronx office at 1932 Arthur Avenue. DEP reported the forged documents to DOI. The office of Queens County District Attorney Melinda Katz is prosecuting this case. 

SEAN KELLY, 40, of Middle Village, Queens, N.Y., was arrested on charges today including four counts each of Attempted Forgery in the Second Degree and Attempted Criminal Possession of a Forged Instrument in the Second Degree, both class E felonies, associated with acts that occurred between February and June 2019. Upon conviction, a class E felony is punishable by up to four years in prison. KELLY is scheduled to appear in Queens County Criminal Court on December 16, 2020. 

DOI Commissioner Margaret Garnett said, “An expeditor’s role is to get the job done correctly and effectively, ensuring all regulations are met; cutting corners is not a part of the job description. In New York construction, there is no room for circumventing the rules or for fraud, which can undermine the safety and integrity of a project. I thank DEP for reporting this matter to DOI and the Queens District Attorney’s Office for their partnership.” 

Queens District Attorney Melinda Katz said, “Rules and regulations are in place for a reason – to protect the public. The defendant in this case is accused of circumventing procedures to ensure safe installation of water meters at a school. Underhanded maneuvers like this put people at risk. I want to thank Commissioner Garnett and her investigators for uncovering this alleged scheme.” 

According to DOI’s investigation, DEP’s Bronx Borough Permit Supervisor reported to DOI that in July 2019 she received two purported fraudulent DEP water meter installation permits that each had an issuance date of June 27, 2019. A DEP computer check revealed that neither permit number existed. In addition, DEP had no record of the receipt of the required filing fee of $35 for each permit. The permits were related to 411 Wales Ave. in the Bronx, where a commercial warehouse was being converted into a charter school. The permits had a valid signature of a master plumber who indicated the defendant had been hired to obtain necessary DEP permits and he was unaware the documents were fraudulent. The defendant confirmed he provided the documents to the master plumber and that he knew both permits were not valid. The defendant indicated he was under pressure to obtain the DEP permits for the client and that instead of standing in line and submitting the forms, he generated both of the purported DEP water meter installation permits on his personal computer at his Queens residence. The defendant indicated that neither his employer nor the master plumber knew about the fraudulent documents. The defendant also indicated he had submitted a couple other fraudulent permits. DEP located two additional fraudulent permits submitted to the Queens DEP Permit Office in February 2019 in connection with a water meter installation at 21-22 Steinway St. in Queens. 

DEP inspected the plumbing work at the Bronx and Queens locations and both properties passed those inspections. 

Commissioner Garnett thanked DEP Commissioner Vincent Sapienza, and his staff, for their cooperation in this investigation; and Queens County District Attorney Melinda Katz and her staff for their prosecution of this matter, specifically Assistant District Attorney Daniel O’Leary, under the supervision of Assistant District Attorney James M. Liander, Bureau Chief of the Public Corruption Bureau. 

Arrest charges are an accusation. A defendant is presumed innocent until proven guilty