DEC ENVIRONMENTAL CONSERVATION POLICE OFFICER HIGHLIGHTS

 Recent ECO Actions

New York State Department of Environmental Conservation (DEC) Environmental Conservation Police Officers (ECOs) enforce the 71 Chapters of NY Environmental Conservation Law (ECL), protecting fish and wildlife and preserving environmental quality across New York. In 2019, the 288 ECOs across the state responded to 25,704 calls and worked on cases that resulted in 16,855 tickets or arrests for crimes ranging from deer poaching to solid waste dumping, illegal mining, the black market pet trade, and excessive emissions violations.  

Two-thousand-and-twenty marks 50 years for DEC and 140 Years for New York’s Conservation Police Officers. In 1880, the first eight Game Protectors proudly began serving to protect the natural resources and people of New York State.  

"From Montauk Point and Brooklyn to Buffalo, the ECOs patrolling our state are the first line of defense in protecting New York's environment and our natural resources, ensuring that they exist for future generations of New Yorkers," said DEC Commissioner Basil Seggos. "Our ECOs have worked arduous hours, both deep in our remote wildernesses and in the tight confines of our urban landscapes, for far longer than the 50 years since DEC was created. These officers are critical to achieving DEC's mission to protect and enhance our environment and I am confident they will continue this important mission for the next 50 years and beyond."  

If you witness an environmental crime or believe a violation of environmental law occurred, please call the DEC Division of Law Enforcement hotline at 1-844-DEC-ECOS (1-844-332-3267).   

Mystery Donation of Ivory - New York County

On Nov. 7, ECOs Lovgren and Michalet responded to a call from a thrift store in Manhattan that received several bags of what appeared to be carvings made from ivory from an anonymous donor. The manager of the thrift store took to social media to find out who would be best to contact about inspecting the suspected ivory and that led her to DEC. ECOs Lovgren and Michalet inspected the contents of the donation and confirmed it to be genuine ivory. All ECOs are trained to identify ivory and other items from endangered species. Of the 500 pieces donated, the majority were found to be imported from India and Hong Kong. The sale of ivory is prohibited by law, except with a permit from DEC in very limited circumstances and the donation of ivory is severely restricted except under permit from DEC. DEC’s Division of Law Enforcement, along with Federal Agents, have hosted Ivory Crush events in Times Square and Central Park over the years to bring awareness and deter the illegal commercialization of ivory. Though many protections are in place globally, the fight against the illegal commercialization of ivory continues and New York City is one of the main hubs for the sale of ivory in North America. For more information on the illegal sale of ivory and frequently asked questions visit: https://www.dec.ny.gov/docs/wildlife_pdf/ivoryfaqs.pdf 

A Deer at the Ballpark – Monroe County

On Nov. 8, the City of Rochester Police Department contacted ECO Muchow to assist with a deer trapped in a gate at Frontier Field, home of the Rochester Red Wings baseball team. Rochester officers tried to push the deer through the gate but were unsuccessful. ECO Muchow asked an employee of Frontier Field for tools to try to bend the bars to free the deer. The employee came through with two chain hoists that worked perfectly to make a little more room for ECO Muchow to lift the deer and pushed her through. The deer ran away and did not appear to be injured. 

“Spooky” Skull – Orange County

On Nov. 15, ECO Carl learned that a cadet from West Point Military Academy found a deer skull with 10-point velvet antlers. The deer was suspected to have died several months ago due to an outbreak of Epizootic Hemorrhagic Disease in Orange County. The cadet posted photos of the unique skull and antlers on social media, leading other West Point staff to contact DEC. In coordination with West Point Military Police’s Environmental Conservation Unit Sergeant, the deer skull was voluntarily forfeited into his possession. It will be offered to the Department of Natural Resources at West Point to be used as an educational tool. The cadet was warned that the possession of any part of protected wildlife, other than those permitted by the Environmental Conservation Law, is illegal. 

Working Families Party Endorses Mino Lora, NYC Council Candidate in the Bronx District 11

“I am absolutely humbled to earn the endorsement of the Working Families Party,” said Mino Lora.

EDITOR'S NOTE:

In an overwhelmingly Democratic City Council district the Working Families party will have little if any effect during the Democratic Primary. If the mayor calls for a special election, that special election becomes a non partisan election where candidates are forbidden to run under established political parties and must come up with a non partisan name for their party for the special election.

Other candidates currently who have announced in the race include Abigail Martin, Carlton Berkley, Dan Padernacht, Eric Dinowitz, Jessica Haller, and Marcos Sierra. In Rank Choice Voting should none of the candidates win outright over fifty percent of the vote the top five candidates go into an instant run off, with any other candidates automatically eliminated. 

11th City Council Candidate Abigail Martin Hands Out Turkeys in Norwood For Thanksgiving Dinner

 

 In front of the Hillside Meat Market & Deli on Bainbridge Avenue in the Norwood section of the 11th City Council District, candidate for the 11th City Council seat Abigail Martin handed out turkeys to residents for Thanksgiving dinner. The turkeys were courtesy of Salvatore the owner of the Hillside Meat Market who said it is a pleasure to give back to the community that has supported the store his father and now he has owned for over forty years. With candidate Martin was the Chairman of the Committee of 100 Democrats Ricky Martinez, and stopping by to say hello was the The Chair of Community Board 7, and the 78th Assembly District State Committeeman Emanuel Martinez.

Above - Salvatore the owner of Hillside Meat & Deli Market brings out boxes of turkeys for the Turkey Giveaway.

Below - 11th City Council candidate Abagail Martin is with Salvatore the owner of Hillside Meat & Deli Market, and Ricky Martinez Chairman of the Committee of 100 Democrats,

Above - 11th City Council candidate Abigail Martin hands this woman one of the many turkeys that were given out to community residents for Thanksgiving dinner.

Below - One of the many signs in stores promoting 11th City Council candidate Abigail Martin.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - NOVEMBER 24, 2020

 

Positive Testing Rate in All Focus Zone Areas is 4.13 Percent; New York State Positivity Outside All Focus Zone Areas is 2.62 Percent     

Statewide Positivity Rate is 2.96 Percent

47 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"Remember the experts said, 'Beware the fall.' It gets cold, people start to stay indoors, college students start to come home and there's less outdoor activity. That's the spike we're seeing go up now, and we are now going into the holiday season and 37 days of increased social interaction," Governor Cuomo said. "This is not a normal Thanksgiving. It was not a normal summer. It was not a normal Labor Day. It was not a normal school year. Even President Trump's CDC and President-Elect Biden's advisors agree we should all be celebrating only with our immediate household. I know it's hard, but we cannot go backwards - it would be disrespectful to the essential workers, nurses and doctors, many of whom gave their lives so we could stay home and stay safe. This year, I give thanks to all those essential workers who showed up for work every day, even in the worst of this crisis. Celebrate Thanksgiving with your extended family: The family of New York, representative of all those people who did the right thing this entire year for one and other and acted as a family. We will get through this surge by continuing to do the right thing: Wearing our masks, washing our hands, avoiding gatherings large and small, and staying New York Tough."

The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 4.13 percent, and outside the focus zone areas is 2.62 percent. Within the focus areas, 37,658 test results were reported yesterday, yielding 1,554 positives. In the remainder of the state, not counting these focus areas, 127,103 test results were reported, yielding 3,327 positives.

Today's data is summarized briefly below:

• Patient Hospitalization - 2,856 (+132)
• Patients Newly Admitted - 373
• Hospital Counties - 52
• Number ICU - 559 (+14)
• Number ICU with Intubation - 263 (+14)
• Total Discharges - 83,701 (+200)
• Deaths - 47
• Total Deaths - 26,441

BRONX  -   SATURDAY --- SUNDAY --- MONDAY

Infection           3.3 %                  3.4 %             3.6 %

Rate %

Opioid Manufacturer Purdue Pharma Pleads Guilty to Fraud and Kickback Conspiracies

 

 Opioid manufacturer Purdue Pharma LP (Purdue) pleaded guilty today in federal court in Newark, New Jersey, to conspiracies to defraud the United States and violate the anti-kickback statute.

Purdue pleaded guilty to an information charging it with three felony offenses: one count of dual-object conspiracy to defraud the United States and to violate the Food, Drug, and Cosmetic Act, and two counts of conspiracy to violate the Federal Anti-Kickback Statute. 

“The abuse and diversion of prescription opioids has contributed to a national tragedy of addiction and deaths, in addition to those caused by illicit street opioids,”  said Deputy Attorney General Jeffrey A. Rosen.  “Today’s guilty pleas to three felony charges send a strong message to the pharmaceutical industry that illegal behavior will have serious consequences.  Further, today’s convictions underscore the department’s commitment to its multi-pronged strategy for defeating the opioid crisis.”

“Purdue admitted that it marketed and sold its dangerous opioid products to healthcare providers, even though it had reason to believe those providers were diverting them to abusers,”  said Rachael A. Honig, First Assistant U.S. Attorney for the District of New Jersey.  “The company lied to the Drug Enforcement Administration about steps it had taken to prevent such diversion, fraudulently increasing the amount of its products it was permitted to sell. Purdue also paid kickbacks to providers to encourage them to prescribe even more of its products.”

“As today's plea to felony charges shows, Purdue put opioid profits ahead of people and corrupted the sacred doctor-patient relationship,” said Christina Nolan, U.S Attorney for the District of Vermont.  “We hope the company's guilty plea sends a message that the Justice Department will not allow big pharma and big tech to engage in illegal profit-generating schemes that interfere with sound medicine.  We hope, also, that this guilty plea will bring some sense of justice to those who have suffered from opioid addictions involving oxycodone and some vindication for families and loved ones of those who did not survive such addiction."

"This case makes clear that no company, including Purdue Pharma, whose actions harm the health and safety of the American public, is beyond the reach of law enforcement,”  said Assistant Director Calvin Shivers of the FBI's Criminal Investigative Division.  “The opioid epidemic continues to spread across the United States impacting countless Americans and harming communities. Together with our law enforcement partners, the FBI is committed to investigating and holding criminals accountable for the roles they play in fueling this crisis.”

As part of today’s guilty plea, Purdue admitted that from May 2007 through at least March 2017, it conspired to defraud the United States by impeding the lawful function of the Drug Enforcement Administration (DEA).  Purdue represented to the DEA that it maintained an effective anti-diversion program when, in fact, Purdue continued to market its opioid products to more than 100 health care providers whom the company had good reason to believe were diverting opioids.  Purdue also reported misleading information to the DEA to boost Purdue’s manufacturing quotas.  The misleading information comprised prescription data that included prescriptions written by doctors that Purdue had good reason to believe were engaged in diversion.  The conspiracy also involved aiding and abetting violations of the Food, Drug, and Cosmetic Act by facilitating the dispensing of its opioid products, including OxyContin, without a legitimate medical purpose, and thus without lawful prescriptions.

Purdue also admitted it conspired to violate the federal Anti-Kickback Statute. Between June 2009 and March 2017, Purdue made payments to two doctors through Purdue’s doctor speaker program to induce those doctors to write more prescriptions of Purdue’s opioid products.  Also, from April 2016 through December 2016, Purdue made payments to Practice Fusion Inc., an electronic health records company, in exchange for referring, recommending, and arranging for the ordering of Purdue’s extended release opioid products – OxyContin, Butrans, and Hysingla.

Under the terms of the plea agreement, Purdue agreed to the imposition of the largest penalties ever levied against a pharmaceutical manufacturer, including a criminal fine of $3.544 billion and an additional $2 billion in criminal forfeiture. For the $2 billion forfeiture, the company will pay $225 million within three business days following the entry of a judgment of conviction in accordance with the Plea Agreement.  The department is willing to credit the value conferred by the company to state and local governments under the department’s anti-piling on and coordination policy if certain conditions are met.

Purdue has also agreed to a civil settlement that provides the United States with an allowed, unsubordinated, general unsecured bankruptcy claim for recovery of $2.8 billion to resolve its civil liability under the False Claims Act.  Separately, the Sackler family has agreed to pay $225 million in damages to resolve its civil False Claims Act liability.

The criminal and civil resolutions, which were announced on Oct. 21, 2020, do not include the criminal release of any individuals, including members of the Sackler family, nor are any of the company’s executives or employees receiving civil releases.

On Nov. 17, 2020, the bankruptcy court in the Southern District of New York approved the financial terms of the global resolution with the company.  The resolution includes the condition that the company cease to operate in its current form and instead emerge from bankruptcy as a public benefit company (PBC) or entity with a similar mission designed for the benefit of the American public.  The proceeds of the PBC will be directed toward state and local opioid abatement programs.  Based on the value that would be conferred to state and local governments through the PBC, the department is willing to credit up to $1.775 billion against the agreed $2 billion forfeiture amount.  The department looks forward to working with the creditor groups in the bankruptcy in charting the path forward for this PBC to best accomplish public health goals.

The global resolution does not resolve claims that states may have against Purdue or members of the Sackler family, nor does it impede the debtors’ or other third parties’ ability to recover any fraudulent transfers.

Except to the extent of Purdue’s admissions as part of its criminal resolution, the claims resolved by the civil settlements are allegations only.  There has been no determination of liability in the civil matters.

Acting Manhattan U.S. Attorney Announces Settlement Of Lawsuit Against Pharmacist For Fraudulent Billing Practices

 

Defendant Ramesh Taduvai Makes Admissions and Agrees to Pay a Total of $600,000

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and Scott J. Lampert, Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General (“HHS-OIG”), announced today that the United States has settled a civil healthcare fraud lawsuit against RAMESH TADUVAI (“TADUVAI”), the former part-owner and Pharmacist-in-Charge of Manav II, Inc., d/b/a Good Health Pharmacy (“Good Health Pharmacy”) in Manhattan.  The settlement resolves claims that, from February 2013 through February 2014, TADUVAI submitted false claims for payment to Medicare and Medicaid for prescriptions that Good Health Pharmacy never dispensed to patients, and received reimbursements to which the pharmacy was not entitled, in violation of the False Claims Act.  Under the settlement approved yesterday by U.S. District Judge P. Kevin Castel, TADUVAI will pay $600,000 to the United States to resolve the fraudulent billing claims.  TADUVAI also made admissions regarding his conduct as further described below.

Acting U.S. Attorney Audrey Strauss said:  “For more than a year, pharmacist Ramesh Taduvai knowingly billed the Medicare and Medicaid programs for prescriptions that his pharmacy never dispensed to patients.  This Office will continue to hold accountable those who engage in fraudulent billing schemes to personally profit at the expense of federally funded healthcare programs.”

HHS-OIG Special Agent in Charge Scott J. Lampert said:  “Health care professionals must be held to a high standard of ethical behavior.  HHS-OIG will continue to ensure that those individuals and entities that bill federal health care programs do so in an honest manner.”

According to the Complaint filed in Manhattan federal court: 

TADUVAI has been a licensed pharmacist since 1999 and was a 50% owner of Good Health Pharmacy, a retail pharmacy in New York, New York, from late 2005 until October 2014.  From February 2013 through February 2014, TADUVAI, on behalf of Good Health Pharmacy, knowingly billed Medicare and Medicaid for prescription drugs that were never actually dispensed to patients.  After Pharmacy Benefit Manager CVS/Caremark (“CVS”) determined that Good Health Pharmacy had submitted claims for medications that were not supported by records showing that it had purchased the medications, TADUVAI presented checks that he had issued, purportedly to independent pharmaceutical wholesalers, and falsely claimed they were proof of the purchases.  However, Good Health Pharmacy had in fact not purchased these drugs and the checks were instead deposited into bank accounts controlled by TADUVAI.  In March 2017, TADUVAI, Good Health Pharmacy, and others were indicted by the Manhattan District Attorney’s Office for crimes related to underreporting income, some of which related to the issuance of these checks.  In November 2018, TADUVAI pled guilty to three counts of criminal tax fraud in the second degree.

As part of the settlement, TADUVAI admits, acknowledges, and accepts responsibility for the following conduct: 

• At all times during the relevant time period, TADUVAI was Good Health Pharmacy’s Pharmacist-in-Charge and was responsible for the pharmacy’s operations and the management of its staff.
• Good Health Pharmacy, under the management of TADUVAI, as Pharmacist-in-Charge, submitted false claims for payment to Medicare and Medicaid for prescriptions that were never dispensed to patients and received reimbursements on these prescriptions to which it was not entitled.
• TADUVAI issued checks, purportedly to independent pharmaceutical wholesalers, and claimed that these checks were proof that Good Health Pharmacy had ordered and paid for drugs for which the pharmacy billed CVS and federal healthcare programs, but the medications were not actually purchased and the checks were instead deposited into bank accounts controlled by TADUVAI and others.

Ms. Strauss thanked HHS-OIG for its assistance with the case.

CONSUMER ALERT: NYS DIVISION OF CONSUMER PROTECTION PROVIDES CONSUMERS WITH TIPS FOR BUYING GIFT CARDS AND GIFT CERTIFICATES THIS HOLIDAY SEASON

 

Gift Cards Are Always a Popular and Convenient Gift Choice

Consumers are Urged to Follow Basic Tips to Ensure Successful Gifting

 As part of its seven-part consumer alert holiday series, the New York State Division of Consumer Protection recommends New Yorkers be informed consumers when purchasing gift cards and gift certificates this holiday season.

“Gift cards offer convenience to so many gift givers during the holidays,” said New York Secretary of State Rossana Rosado, who oversees the Division. “Gift cards are also a great way for consumers to show support for their local businesses. If gift cards are on your holiday shopping list, be sure to know your rights when it comes to buying and spending them.”

New York State General Business Law §396-i, acceptance of unexpired gift certificates, protects consumers who buy and use gift cards. The law states that no gift card may expire earlier than five years from the date of purchase and requires businesses to prominently post the ‘Terms and Conditions’ that apply to their gift cards – including the procedure to replace a missing card.

Below are tips consumers should keep in mind when buying and using gift cards this holiday season:

• Check packaging. When buying a gift card, consumers should make sure the packaging and security seals are intact.
• Use caution with third parties. Consumers should use caution when buying gift cards from third parties or online auctions, as it is difficult to verify the dollar amount remaining.
• Review fine print. Consumers should always review the fine print and check for hidden fees or any restrictions on the use of the gift card. ‘Dormancy Fees’ for non-use cannot be imposed if the card is used within two years of the purchase date, and any such fees must be waived where the cardholder uses it within three years of the purchase date
• Don’t fall for scammers trying to get your gift card. Consumers should be particularly cautious about callers claiming to be from the government or utility company saying that an overdue bill or federal debt can be paid with a gift card.  No one from the government, utility companies, or the police would ask for payment via gift card.
• Be prepared if a business is struggling or considering bankruptcy. If you hear a business is struggling or considering bankruptcy and you have unused gift cards, you should call the business and ask them to offer you cash for any remaining funds. Consumers can also ask debit or credit card companies to reverse the charges.
• File a claim for gift card amount. If the business is currently going through bankruptcy, consumers can file a claim against the company for the gift card amount. For more information, consumers can reference https://www.uscourts.gov/services-forms/bankruptcy/unclaimed-funds-bankruptcy to check on any unclaimed funds in their name or to file a claim against a current bankruptcy matter.
• Check unclaimed funds site for unused gift cards. Businesses are supposed to transfer any uncollected gift cards funds to the State Comptroller in the name of the purchaser. The New York State Office of the State Comptroller has an application process where you can search to see what funds are available in your name. You can access their site at: https://www.osc.state.ny.us/ouf/

Consumers having difficulty with an existing gift card are encouraged to file a complaint with the New York State Division of Consumer Protection. The Division of Consumer Protection provides voluntary mediation, between the consumer and business, when the consumer has been unsuccessful at reaching a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumerprotection. To view consumer alerts, consumers can visit https://www.dos.ny.gov/about/newsroom.html. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.