Saturday, September 17, 2016

Sudanese Man Sentenced In Manhattan Federal Court To 7 Years In Prison For Bank Fraud, Credit Card Fraud, And Identity Theft Schemes Exceeding $3 Million


  Preet Bharara, the United States Attorney for the Southern District of New York, announced that ASHRAF LAKOU was sentenced to seven years in prison for bank fraud, credit card fraud, passport fraud, and aggravated identity theft charges in connection with orchestrating a scheme to use stolen victim identification information to make fraudulent credit card purchases and to defraud financial institutions by depositing counterfeit checks into accounts controlled by LAKOU and his co-conspirators.  Through these schemes, LAKOU and his co-conspirators attempted to defraud individuals, businesses, and financial institutions out of more than $3 million.  On April 12, 2016, LAKOU pled guilty before United States Magistrate Judge James L. Cott.  United States District Judge Victor Marrero imposed today’s sentence.  
Manhattan U.S. Attorney Preet Bharara said: “Ashraf Lakou engaged in all means of fraud, from bank and credit card fraud to identity theft and passport fraud.  Today, Lakou received a significant sentence matching the seriousness of his crimes.”
According to the criminal complaint, indictment, and other documents filed in Manhattan federal court, as well as statements made at related court proceedings:
From September 2013 through July 2015, LAKOU and his co-conspirators engaged in a scheme to defraud businesses and financial institutions by obtaining checks made out to legitimate businesses, opening fraudulent bank accounts in the names of the victim businesses, depositing the checks into the fraudulent accounts, and withdrawing funds from the fraudulent accounts.  LAKOU and his co-conspirators carried out this scheme by, among other means, stealing checks from the mail, submitting false documentation in connection with bank account applications, and forging the signatures of other actual persons.
From May 2014 through July 2015, LAKOU and his co-conspirators also engaged in a scheme to commit credit card fraud by using stolen credit card information to make fraudulent purchases of jewelry and other merchandise.  LAKOU and his co-conspirators carried out this credit card fraud scheme by, among other means, adding their own names as authorized users of pre-existing victim credit cards without the knowledge or consent of the victims and by submitting fraudulent applications for new credit card accounts in the names and identities of their victims.     
In addition to the prison term, LAKOU, 27, of Manhattan, was sentenced to three years of supervised release and was ordered to pay $557,894.50 in restitution, $557,894.50 in forfeiture, and a $600 special assessment. 
Zoheb Qamran, 29, of Manhattan, and Jessica Hattar, 26, of Manhattan, have been separately charged in connection with the bank fraud and credit card fraud schemes.  On May 19, 2016, Qamran pled guilty to credit card fraud, bank fraud, and aggravated identity theft charges before United States Magistrate Judge Barbara C. Moses.  On May 6, 2016, Hattar pled guilty to credit card fraud and aggravated identity theft charges before United States Magistrate Judge Sarah Netburn.
Mr. Bharara praised the outstanding efforts of Department of State, Diplomatic Security Service, in the investigation.

Senator Jeff Klein Hosts Sixth Annual First Responder Appreciation Barbeque at Orchard Beach


State Senator Jeff Klein hosted his Sixth Annual First Responder Appreciation Barbeque event in honor of the courageous men and women who risk  their lives each and every day to protect our residents.  Over 300 people from the police Department, Fire Department EMS, from the cities of New York and Mount Vernon were in attendance.

First responders gathered with their families to enjoy the festivities, which included face-painting, carnival games, arts and crafts, music, and lunch. The New York Rangers conducted their “Road Tour Experience,” providing attendees with hockey lessons, games, and giveaways.
Honorees included:
  • Police Service Area #8 - Police Officer Derrick Kreckman-
  • Police Service Area #8 - Police Officer Wilson Rodriguez
  • 41st Precinct -  Clarivel Socola
  • 43rd Precinct – Police Officer Ricardo Jimenez
  • 43rd Precinct – Police Officer Denisse Caceres
  • 45th Precinct - Police Officer Hannah Rahn
  • 49th Precinct - Police Officer David Lepore
  • 49th Precinct - Police Officer Melvin Rodriguez
  • Mount Vernon Fire Department - James Lang
  • Engine Company 43
  • Ladder  Company 59
  • Medic Unit 15 Z – Paramedic Dave Reeve
  • Medic Unit 15 Z - Paramedic Matthew Barbella
  • Basic Life Support UNIT 20 I – EMT Adam Harrow


Above - A group photo of the Honorees with Senator Jeff Klein and Assemblyman Mark Gjonaj.
Below - A few individual photos.








Above - Some of the over 300 people in attendance.
Below - The New York Ranger Hockey Play area and giveaway tent.



Above - Just known as Robert, he skates, holds an American flag, and twirls a basketball on top of the flagpole at the same time. 
Below - Former Marines were in the house or on the beach with Senator Klein and Assemblyman Gjonaj.









Motorcycle Accident On Hutch Parkway



Above - You can see the remnants of what happens to a motorcycle after it is involved in an accident with a car. This happened just after 2:30 PM Saturday on the southbound Hutch Parkway by the Pelham Parkway exit. That is Coop-City in the background. 
Below - Firemen on scene have lifted the motorcycle up and are removing it to the side of the road. In the foreground the motorcycle rider is being attended to. The unidentified bike rider had his right arm being attended to, and did not seem to be badly injured at the time. The police officer on the scene would not disclose any details of the accident.


Friday, September 16, 2016

Six Bronx Defendants Charged In Manhattan Federal Court With Sex Trafficking Offenses


  Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and William J. Bratton, the Police Commissioner of the City of New York (“NYPD”), announced the arrests of MARIA SOLY ALMONTE, a/k/a “Soly Almonte,” a/k/a “Soly La Fuerte,” a/k/a “SoSo,” a/k/a “SoSo Wavy,” a/k/a “Soly Montana,” DAWITT DYKES, a/k/a “Daweezy,” a/k/a “Dawezzy,” MARIA MAGDALENA ALMONTE, DARLENE DELEON, and GABRIELY M. JOSE, a/k/a “Gabriela Vuitton,” a/k/a “Gabby,” on charges of sex trafficking of minors, sex trafficking conspiracy, use of interstate commerce to promote illegal activity, enticement of a minor, and receipt and possession of child pornography.  The sixth defendant, VETTHYA ALCIUS, a/k/a “Theiya Cole,” remains at large.
All of the defendants arrested today will be presented today in Manhattan federal court before U.S. Magistrate Judge James L. Cott.
Manhattan U.S. Attorney Preet Bharara said:  “The defendants allegedly engaged in the sexual exploitation of minors as young as 13 years old.  Protecting children from the predatory conduct of adults who would sexually exploit them for profit is a critically important law enforcement mission to which our office and our law enforcement partners at the FBI and NYPD are committed.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “Human trafficking of minors can at times be overlooked by our society because some may believe the children involved have a choice.  But these children aren’t given a vote while the pimps peddle their bodies for money.  It’s a grotesque violation of the law that the FBI and our law enforcement partners won’t stop pursuing until every child is rescued.” 
Police Commissioner William J. Bratton said:  “The defendants trafficked kids for sex as young as the age of 13.  Today, those who, as alleged, took advantage of some of our society's youngest find themselves under arrest.  I commend the work of the NYPD investigators, FBI agents and prosecutors involved in this case who continue to work to protect this city’s children and bring to justice those who profit from the abuse of the city’s youngest and most vulnerable victims.”
According to the Complaint unsealed today in Manhattan federal court[1]:
Since at least 2015, MARIA SOLY ALMONTE, ALCIUS, DYKES, DELEON, and JOSE have helped operate a brothel in New York City, which trafficked minors as young as 13 years old.  The brothel operated at various locations throughout New York, including apartments in the Bronx and Harlem.  Several of the defendants, including MARIA SOLY ALMONTE, MARIA MAGDALENA ALMONTE, and DELEON resided at apartments used for the brothel.  
MARIA SOLY ALMONTE served as the brothel’s proprietor.  ALCIUS, MARIA MAGDALENA ALMONTE, DELEON, and JOSE all were sex workers at the brothel, and DYKES provided security.  The brothel’s sex workers were required to pay MARIA SOLY ALMONTE a fee for prostitution services they rendered at the brothel.  The brothel advertised its services on the internet via Backpage.com and communicated with clients by telephone. 
The NYPD arrested DYKES and ALCIUS in 2015 at one of the brothel locations at which minor sex trafficking victims had worked.  The Complaint refers to five minor victims, all of whom provided prostitution services at one or more of the brothel’s locations.  ALCIUS and JOSE communicated with several of the minor victims about the brothel’s activities through social media, including setting up “dates.” 
The charges in the Complaint against MARIA SOLY ALMONTE, 32, ALCIUS, 22, DYKES, 24, MARIA MAGDALENA ALMONTE, 51, DELEON, 29, and JOSE, 20, are included in the chart below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Any individuals who believe they have information that may be relevant to the investigation should contact the Federal Bureau of Investigation at 1-212-384-1000 or https://tips.fbi.gov/.
Mr. Bharara thanked the FBI and NYPD for their outstanding investigative work in this matter.
This case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorneys Dina McLeod and Stephanie Lake are in charge of the prosecution.
The charges and allegations contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Count Defendants Charge   Mandatory  Minimum  Prison Term   Maximum   Prison    Term
One MARIA SOLY ALMONTE, ALCIUS, DYKES, DELEON, and JOSE Sex Trafficking Conspiracy  15 years       Life
Two MARIA SOLY ALMONTE, ALCIUS, DYKES, DELEON, and JOSE Sex Trafficking of a Minor   15 years  Life
Three MARIA SOLY ALMONTE, ALCIUS, DYKES, MARIA MAGDALENA ALMONTE, DELEON, and JOSE Use of Interstate Commerce to Promote Unlawful Activity    5 Years
Four ALCIUS Enticement of a Minor  10 years  Life
Five ALCIUS Receipt of Child Pornography   5 years  Life
Six ALCIUS Possession of Child Pornography    10 years

Bronx Man Arrested For Possessing And Distributing Child Pornography


In Online Chats with FBI Undercover Agents, Rudy Mena Described Sexually Molesting A Young Child

Preet Bharara, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the arrest of RUDY MENA stemming from his possession and distribution of child pornography.  MENA was arrested at his apartment in the Bronx, New York, on September 9, 2016, and was presented today before United States Magistrate Judge James L. Cott in Manhattan federal court. 
Manhattan U.S. Attorney Preet Bharara said:  “Mena is charged with possessing and distributing child pornography, and in online chats with undercover agents, he allegedly boasted about molesting a young child.  Thanks to the dedicated work of law enforcement, Mena is under arrest and can no longer hurt other children.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “There is nothing more disturbing than an offender raping and sexually abusing a young child.  I must commend the super-human effort of investigators and prosecutors who are required to view and testify to the content of videos and photos depicting depravity well beyond anything that should exist in our society.”
According to the Complaint[1] filed today in federal court:
Starting in July 2016, an individual who was later identified as MENA communicated through an online messaging application with an undercover detective assigned to the Metropolitan Police Department-FBI (“MPD-FBI”) Child Exploitation Task Force, based in Washington, D.C. (“UC-1”).  Through these exchanges, MENA, using the screen name “ragzbagz,” indicated to UC-1 that he was a 23-year-old New Yorker with access to a young child.  He allegedly sent UC-1 a video purportedly depicting that young child naked, and informed UC-1 in graphic detail that he had molested the child.  MENA also sent UC-1 multiple images of child pornography, including photographs of a prepubescent child’s vagina being touched and penetrated by an adult penis.
On September 9, 2016, MENA communicated online with a New York City-based undercover agent assigned to the FBI’s Crimes Against Children squad (“UC-2”).  MENA informed UC-2 that MENA was primarily interested in children aged 4 through 8.  MENA also sent UC-2 multiple photographs of an infant, at least one of which was taken from a media device that appeared to have been used by MENA.  Later that day, the FBI arrested MENA at his residence in the Bronx, New York. 
 MENA, 23, of the Bronx, is charged with one count of possession of child pornography, which carries a maximum sentence of 20 years in prison, and one count of distribution of child pornography, which carries a maximum sentence of 40 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Any individuals who believe they have information concerning MENA that may be relevant to the investigation should contact the FBI at 1-212-384-1000 or https://tips.fbi.gov/.
 Mr. Bharara praised the efforts of the MPD and FBI in this investigation.  He added that the investigation is continuing.
This case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorney Jonathan Rebold is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
 

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations and every fact described should be treated as an allegation.

A.G. Schneiderman Announces Results Of “Operation Child Tracker,” Ending Illegal Online Tracking Of Children At Some Of Nation’s Most Popular Kids’ Websites


Viacom, Mattel, Hasbro, And JumpStart Violated Children’s Online Privacy Protection Act By Allowing Illegal Third-Party Tracking Technology At Websites For Barbie, Nick Jr., My Little Pony, American Girl, Hot Wheels, And Dozens Of Others 
Companies Agree To Pay Penalties Totaling $835,000, Adopt Comprehensive Reforms To Protect Children From Improper Tracking
   Attorney General Eric T. Schneiderman today announced that his office has reached settlements with Viacom, Inc., Mattel, Inc., Hasbro Inc., and JumpStart Games, Inc., resolving investigations into the companies’ violations of the Children’s Online Privacy Protection Act (COPPA).   
“Operation Child Tracker,” a two-year, first-of-its-kind investigation by the Attorney General’s office, discovered that websites operated by these companies were home to tracking technology that illegally enabled third-party vendors, such as marketers or advertising companies, to track children’s online activity in violation of COPPA.
The companies – whose online properties include some of the most popular children’s websites, including websites associated with Nick Jr. and Nickelodeon (Viacom); Barbie, Hot Wheels, and American Girl (Mattel); Neopets (JumpStart); and My Little Pony, Littlest Pet Shop, and Nerf (Hasbro) – agreed to pay a combined $835,000 in penalties and implement significant reforms.
“Federal law demands that children are off-limits to the prying eyes of advertisers,” saidAttorney General Schneiderman. “Operation Child Tracker revealed that some of our nation’s biggest companies failed to protect kids’ privacy and shield them from illegal online tracking. My office remains committed to protecting children online and will continue our investigation to hold accountable those who violate the law by tracking children.”
“In enacting COPPA, Congress wisely provided for law enforcement by both the FTC and state attorneys general, so that there are multiple cops on the beat protecting children’s privacy,” saidJessica Rich, Director of the Federal Trade Commission’s Bureau of Consumer Protection. “We applaud these important actions by the New York Attorney General’s office, and appreciate their coordination with the Commission.  These settlements send a strong message to companies about the importance of complying with the COPPA Rule.”
“These important settlement agreements are the latest illustration of just how important it is for businesses, parents, and policymakers to be more vigilant about protecting the online privacy of kids and to build in privacy by design,” said Ariel Fox Johnson, Senior Policy Counsel at Common Sense Media, a recognized leader in educating families about online privacy and security. “We applaud Attorney General Schneiderman and the companies for working together to ensure these web sites no longer enable the tracking or commercial profiling of kids and hope that the settlements will bring greater awareness about steps we should all take to make sure that the online world of children is educational, fun, and also safe.”
COPPA prohibits the unauthorized collection of children’s personal information on websites directed to children under the age of 13, including the collection of information used to track a child’s movements across the web. Each of the settling companies allowed third party tracking technologies on their websites in violation of COPPA.
Each of the settling parties has agreed to comprehensive reforms to protect children from improper tracking in the future. These include regular electronic scans to monitor for third party tracking technologies, adopting procedures for vetting third parties’ data collection practices to ensure that they comply with COPPA, and providing notice to third parties when they are operating through a website covered by COPPA.  Three of the companies -- Viacom, Mattel, and JumpStart -- will also provide regular reports to the office regarding the results of their scans and pay penalties totaling $835,000. Viacom will pay $500,000; Mattel will pay $250,000; JumpStart will pay $85,000. Hasbro participated in an FTC-approved “safe harbor” program and will not pay a penalty.
Each of the settling companies cooperated in “Operation Child Tracker” and took remedial measures after being contacted by the Attorney General. 
How Targeted Advertising and Tracking Works
Most online shoppers have encountered advertisements for a product that seems to follow them from website to website. These advertisements are known as online behavioral advertisements or OBA, a form of targeted advertising that selects an advertisement to serve to an individual based on previously collected information about that individual, such as the individual’s Internet browsing history, demographic information, or personal interests. 
One of the most common tracking technologies used for OBA is the web browser cookie, a small text file sent by a website to a user’s computer and stored by the user’s web browser.  Every time the user connects to the website’s server, all of the cookies stored by that website on the user’s computer are retrieved and their values are transmitted to the server. Where a third party is integrated into many websites, cookies can be used to track a user’s browsing history across those websites; each time a user visits a website that incorporates the third party, the user’s browser will transmit information from the user’s cookie to the third party, thereby notifying the third party of the user’s visit to the website. 
The Children’s Online Privacy Protection Act (COPPA)
In 1998, Congress enacted COPPA to protect the safety and privacy of young children online.  COPPA prohibits operators of certain websites from collecting, using, or disclosing personal information (e.g., first and last name, e-mail address) of children under the age of 13 without first obtaining a parent’s consent. The operators of websites directed to children under the age of 13 (a “child-directed website”) and the operators of websites that have actual knowledge that they are collecting personal information from a child under the age of 13 (collectively, “covered operators”) are subject to COPPA.
In July 2013, revised FTC regulations associated with COPPA took effect, expanding the definition of “personal information” to include persistent identifiers that can be used to recognize a user over time and across websites, such as the ID found in a web browser cookie or an Internet Protocol (“IP”) address. The revision effectively prohibits covered operators from using cookies, IP addresses, and other persistent identifiers to track users across websites for most advertising purposes, amassing profiles on individual users, and serving online behavioral advertisements on COPPA-covered websites.  Covered operators can, however, use persistent identifiers to support the internal operations of a website. 
Websites are strictly liable for the collection, use, and disclosure of personal information by independent third parties that are allowed to operate through their websites.   The FTC found that strict liability was necessary in light of the “complex infrastructure of entities” often found operating on websites that have the opportunity to collect personal information from children.  The FTC concluded that the operator of the website should be accountable because it “is in the best position to know which plug-ins it integrates into its site, and is also in the best position to give notice and obtain consent from parents.” Indeed, absent the strict liability standard, “there would be no incentive for child-directed content providers to police their sites or services, and personal information would be collected from young children, thereby undermining congressional intent.” 
Operation Child Tracker
Operation Child Tracker is a first of its kind investigation into illegal online tracking of young children in violation of COPPA.  The investigation examined the most popular children’s websites for unauthorized tracking. The office found that four website operators, Viacom, Mattel, JumpStart, and Hasbro, had allowed third party tracking on their websites prohibited by COPPA. The office’s findings regarding each of the individual website operators are summarized below.
Viacom
Viacom operates the Nick Jr. website, at www.nickjr.com, and the Nickelodeon website, atwww.nick.com. The Nick Jr. website features content associated with animated children’s shows from Viacom’s Nick Jr. television network, including “Dora the Explorer,” “Bubble Guppies,” and “Blues Clues,” which have historically been directed to children 2-5 years old and their parents.  The Nickelodeon website features content associated with animated and live-action shows from Viacom’s Nickelodeon television network, including “SpongeBob SquarePants,” “Teenage Mutant Ninja Turtles,” and “Alvinnn!!!! and the Chipmunks,” which have historically been directed to children 6-11 years old. Millions of people visit the Nick Jr. and Nickelodeon websites each month.
The office of the Attorney General found a variety of improper third party tracking on the Nick Jr. and Nickelodeon websites.  These included the following:
  • Many advertisers and agencies that placed advertisements on Nick Jr. and Nickelodeon websites introduced tracking technologies of third parties that routinely engage in the type of tracking, profiling, and targeted advertising prohibited by COPPA. Viacom considered several approaches to mitigate the risk of COPPA violations from these third parties, including removing adult advertising (which was more likely to employ third party tracking technologies) from a child-directed section of the Nick Jr. website and monitoring advertisements for unexpected tracking technology using scanning software on a case-by-case basis. However, Viacom did not timely take either approach and did not implement sufficient safeguards for its users.
  • Some visitors to the homepage of the Nick Jr. website were served behavioral advertising and tracked through a third party advertising platform Viacom used to serve advertisements. Although Viacom considered the homepage of the Nick Jr. website to be parent-directed, and thus not covered by COPPA, the homepage had content that appealed to children. Under COPPA, website operators must treat mixed audience pages as child-directed. Viacom also inadvertently introduced the third party advertising platform onto another child-directed section of the Nick Jr. website for a six-week period.
Mattel
Mattel, a designer and manufacturer of toys, operated websites associated with many of its toy brands, which include Barbie, Hot Wheels, Matchbox, American Girl, Max Steel, Monster High, Polly Pocket, and Thomas & Friends. In all, 26 of Mattel’s websites feature content for young children, including online games, animated cartoons, and downloadable content such as posters, computer desktop wallpaper, and pages for young children to color. Millions of people visit Mattel’s websites each month. 
The office of the Attorney General found that a variety of improper third party tracking technologies were present on Mattel’s child-directed websites and sections of websites. These included the following:
  • Mattel deployed a tracking technology supplied by a third party data broker across its Barbie, Hot Wheels, Fisher-Price, Monster High, Ever After High, and Thomas & Friends websites.  Mattel used the tracking technology for measuring website metrics, such as the number of visitors to each site, a practice permitted under COPPA. However, the tracking technology supplied by the data broker introduced many other third party tracking technologies in a process known as “piggy backing.” Many of these third parties engage in the type of tracking, profiling, and targeted advertising prohibited by COPPA. 
  • A tracking technology that Mattel deployed on the e-commerce portion of the American Girl website, which is not directed to children or covered by COPPA, was inadvertently introduced onto certain child-directed webpages of the American Girl website. 
  • Mattel uploaded videos to Google’s YouTube.com, a video hosting platform, and then embedded some of these videos onto the child-directed portion of several Mattel websites, including the Barbie website. When the embedded videos were played by children, it enabled Google tracking technologies, which were used to serve behavioral advertisements.
JumpStart
JumpStart, a developer of educational and entertainment software and websites for children, operates the Neopets website, which it acquired in April 2014. The website enables users to create and care for cartoon virtual pets. Pet owners play simple animated games to earn points, which can be redeemed for virtual food, clothing, and gear for their pets. 
Visitors to the Neopets website can navigate the site and play games with or without an account. Users that choose to register an account must provide a date of birth during the account registration process. As of the end of 2014, there were several million registered accounts that belonged to users under the age of 13. 
The office of the Attorney General found that several improper third party tracking technologies were present on the Neopets website, both for logged-in users under the age of 13 and users who were not logged-in. These included the following:
  • JumpStart failed to configure the advertising platform used to serve ads on the Neopets website in a manner that would comply with COPPA. As a result, users under the age of 13 were served behavioral advertising and tracked through the advertising platform. 
  • JumpStart integrated a Facebook plug-in into the Neopets website. Facebook plug-ins are integrated into many websites and allow Facebook to track users across the Internet. Facebook uses the tracking information for serving behavioral advertising, among other things, unless the website operator notifies Facebook with a COPPA flag that the website falls is subject to COPPA. JumpStart did not notify Facebook that the Neopets website was directed to children.
Hasbro
Hasbro, a producer of toys and games, operated websites associated with many of its popular toy brands, which include My Little Pony, Littlest Pet Shop, Nerf, and Transformers. Many of these websites featured content for young children, including online games, animated cartoons, and downloadable content such as posters and pages for young children to color. Hundreds of thousands of people visit Hasbro’s websites each month.
The office of the Attorney General found that several improper third party tracking technologies were present on Hasbro’s child-directed websites and sections of websites. These included the following:
  • Hasbro engaged in an advertising campaign that tracked visitors to the Nerf section of Hasbro’s website in order to serve Hasbro advertisements to those same users as they visited other websites at a later time, a type of online behavioral advertising prohibited by COPPA known as “remarketing.” 
  • Hasbro integrated a third-party plug-in into many of its websites, that allowed users to be tracked across websites and introduced other third parties that engaged in the type of tracking, profiling, and targeted advertising prohibited under COPPA.
It is important to note that Hasbro participated in a safe harbor program. A website operator that complies with the rules of an FTC-approved safe harbor program is deemed in compliance with COPPA.  However, safe harbor programs rely on full disclosure of the operator’s practices and Hasbro failed to disclose the existence of the remarketing campaign through the Nerf website. 
Settlement Agreements Require Comprehensive Reforms
Viacom, Mattel, JumpStart, and Hasbro have each entered into settlement agreements with the office of the Attorney General requiring them to adopt comprehensive reforms.  These include the following:
  • Conducting regular electronic scans to monitor for unexpected third party tracking technologies that may appear on their children’s websites.  Three of the companies, Viacom, Mattel, and JumpStart will provide regular reports to the office regarding the results of the scans.
  • Adopting procedures for vetting third parties before they are introduced onto their children’s websites to determine whether and how the third parties collect, use, and disclose, and allow others to collect, use, and disclose, personal information from users.
  • Providing notice to third parties that collect, use, or disclose personal information of users with information sufficient to enable the third parties to identify the websites or sections of websites that are child directed pursuant to COPPA.
  • Updating website privacy policies with either (a) information sufficient to enable parents and others to identify the websites and portions of websites that are directed to children under COPPA or (b) a means of contacting the company so that parents and others may request such information. 
Lessons from Operation Child Tracker
The investigation revealed that website operators have not done enough to ensure that their children’s websites are free of improper third party tracking technologies. For example:
  • Website operators are not sufficiently vetting advertisers, advertising networks and other third parties that they allow on their websites to determine whether third parties collect personal information from users or allow others to do so.
  • Website operators are not monitoring their websites for unexpected third party tracking technologies that are inadvertently introduced or piggy-back off of other third parties.  
  • Website operators are having difficulty keeping up with rapidly changing ad technology to ensure COPPA compliance.

CITY & STATE ELECTED OFFICIALS TO INTRODUCE LAWS EXPLICITLY BANNING DISCRIMINATION AGAINST MINORITY, WOMEN, AND LGBTQ-OWNED BUSINESSES IN GOVERNMENT PROCUREMENT


Comptroller Stringer, State Senator Hoylman, Assemblymember Bichotte, Council Members Torres and Cornegy, and City Council Black, Latino, and Asian Caucus to introduce bills:


According to a review of anti-discrimination laws conducted by the Office of New York City Comptroller Scott M. Stringer released today, City and State agencies are not expressly prohibited from discriminating against companies owned by minorities, women, or LGBTQ individuals as they bid on contracts. In response, Comptroller Stringer announced that in collaboration with State Senator Brad Hoylman, Assemblymember Rodneyse Bichotte, Council Members Ritchie Torres and Robert Cornegy, and the City Council’s Black, Latino and Asian Caucus, new legislation will be introduced to expand anti-discrimination protections to every business owner in New York.
“Our City’s diversity is one of our greatest strengths, and it’s government’s job to ensure every New Yorker is safe from discrimination in all forms,” New York City Comptroller Scott M. Stringer said. “Current law prohibits discrimination in housing, employment, and public accommodations, but fails to address contracting with the City or State. Our laws must reflect our values, and it’s time to enact new legislation that ensures everyone has an equal opportunity to bid on government contracts.”
Each year, the City spends close to $14 billion purchasing everything from paperclips to firetrucks, but recent reportsfrom Comptroller Stringer have shown that the City has failed to fully include Minority and Women Owned Business Enterprises (M/WBEs) in the procurement process. In 2015, only $725 million – just 5.3 percent of total procurement spending – went to
M/WBEs, seriously hurting business owners’ ability to grow their companies, hire more New Yorkers, and drive our local economy.
Although the New York State Human Rights Law and New York City Human Rights Law are designed to protect minority, women, and LGBTQ New Yorkers from discriminatory business practices, a legal analysis by the Comptroller’s Office found that these laws do not apply to the government contract process. Specific findings include:
  • The New York State Human Rights Law section on unlawful discriminatory practices references employment advertisements and applications, but is silent on whether its protections extend to government contracting.
  • Similarly, the New York City Human Rights Law addresses “employment, public accommodations and housing and other real estate,” but does not explicitly mention City procurement.
In response to these findings Comptroller Stringer, State Senator Hoylman, Assemblymember Bichotte, Council Members Torres and Cornegy, and the City Council’s Black, Latino, and Asian Caucus announced today that they will introduce legislation to amend both the State and City Human Rights Laws. The amendments will include sections prohibiting discrimination in government procurement, expanding protections to minority, women, and LGBTQ-owned businesses that bid on City and State contracts.
“These laws leave open a door to discrimination that should have been closed years ago, and we must bring them into the 21st Century,” Comptroller Stringer said. “With City spending on M/WBEs stuck in low gear, we must send the message that New York is open for business with everyone. I thank this coalition for uniting around the cause of diversity, inclusion, and acceptance.”
“New York State currently has more than 50,000 contracts worth nearly $240 billion a year,” said State Senator Brad Hoylman. “We have an obligation to leverage these tremendous resources to ensure a seat at the table for communities that remain underrepresented in state contracting and the business world. I’m grateful to Comptroller Stringer for discovering this loophole in New York’s Human Rights Law and look forward to working with City Comptroller Stringer, Assembly Member Bichotte, Councilmember Cornegy, and Councilmember Torres to ensure equity in our state’s contracting practices.”
“It is an honor to join NYC Comptroller Scott Stringer, State Senator Brad Hoylman, and City Councilmembers Ritchie Torres and Roberty Cornegy to introduce legislation that protects those who enter into a contract or procurement opportunity with the City of New York against discrimination,” said Assemblymember Rodneyse Bichotte, Chair, Subcommittee on the Oversight of Minority and Women –Owned Business Enterprises. “As someone who advocates on behalf of small businesses, and MWBEs throughout the State, I chose to support and introduce this legislation because it acts to protect businesses that have historically experienced discrimination.”
“While our City’s diversity is one of our greatest strengths, we must do more to empower MWBEs and LGBT-owned firms and ensure they have the same chance at competing for city contracts as other businesses. This new legislation will strengthen our City’s anti-discrimination law and extend protections to MWBEs and LGBT-owned firms in the procurement process. I look forward to partnering with Comptroller Stringer, Council and state colleagues to enshrine this protections into law,” said Council Member Ritchie Torres, Co-Chair of the Council’s Black, Latino and Asian Caucus.

MAYOR DE BLASIO AND COMMISSIONER TROTTENBERG ANNOUNCE THAT 2016 WILL BRING THE GREATEST-EVER EXPANSION TO NEW YORK CITY’S BIKE NETWORK


NYC DOT is on track to add at least 75 lane miles to the citywide network this year, including a record 18 fully protected lane miles, exceeding projections, and 43 miles of exclusive lanes

DOT will commit to a doubled annual target of at least 10 miles of protected lanes

Citi Bike continues to break daily ridership records, as membership grows and network expands to more communities

    Mayor Bill de Blasio and Transportation Commissioner Polly Trottenberg today announced that New York City's bike lane network is undergoing unprecedented enhancement this year, shattering the protected lane record set last year and exceeding earlier projections. By the end of 2016, New York City will have added 18 miles of protected bike lanes and at least 75 bike lane-miles are projected overall.

“Among our Vision Zero plans announced earlier this year was an unprecedented 15-mile expansion of the protected bike network, because we know that protected bike lanes not only get more people cycling, they calm traffic and save lives. Today we are proud to announce that we are poised to exceed this ambitious goal,” said Mayor de Blasio. “No cyclist death is acceptable and that’s why we’ll continue raising the bar to keep riders protected.”

“I want to thank the extraordinary team at DOT – planners, designers, and construction crews – who have gone above and beyond to make greater new bike lanes all across New York City a reality,” said DOT Commissioner Polly Trottenberg. “Our Vision Zero goal has always been to make sure that with the massive growth in its popularity, cycling remains safe. This year’s progress – with at least 75 new miles of bike lanes and over 18 miles of protected lanes – assures that even more New Yorkers will take to two wheels in the years ahead.”

In 2015, DOT set an annual record for protected bike lanes when it constructed 12.4 lane miles. This year DOT is on track to install 18 miles. By the end of 2016, DOT anticipates it will have expanded and enhanced the bicycle network by at least 75 miles, of which only 19 percent (14 miles) are signed/shared routes. The remaining combined mileage (61 total) of protected and exclusive bike lanes will be among the most the City has ever installed in a year, with the pace of such installations nearly equaling the last three years of the City’s pre-Vision Zero output (2011-2013). By January 1, 2017 there will be nearly 1,100 miles in NYCs bike network, including over 400 protected miles.

Among the many notable protected or exclusive lane projects in 2016: 1) Bruckner Boulevard in the Bronx, from Hunts Point Avenue to Longwood Avenue (a Vision Zero priority corridor); 2) Amsterdam Avenue in Manhattan from West 72nd Street to West 110th Street; 3) Queens Boulevard between 74th Street and Eliot Avenue (a Vision Zero priority corridor); 4) Jay Street in Downtown Brooklyn, between Sands and Fulton Streets (within a Vision Zero priority area) and 5) Rockland/Travis/Nome Avenues (primarily exclusive), connecting the New Springville Greenway and La Tourette Park Greenway in Staten Island (within a Vision Zero priority area). A full and regularly updated list of 2016 protected lane projects can be found here.

DOT’s efforts to add more protected lane miles to the network reflects the increasing citywide interest in cycling – and the demand for more and higher quality infrastructure. DOT’s Cycling in the City report, issued in May, found that on a typical day, over 400,000 bike lane trips are made in New York City, with roughly three-quarters of a million people cycling on a regular basis. Between 2010 and 2014, New York City experienced a 68 percent growth in daily cycling, underscoring the need for continued investment in bike infrastructure across the five boroughs.

“New York City continues to invest in infrastructure to make biking safer and more accessible for New Yorkers,” said Daniel Zarrilli, Chief Resilience Officer and Senior Director of Climate Policy and Programs for the City of New York. “Today’s announcement and DOT's commitment to expanding protected bike lanes as part of their new Strategic Plan supports our OneNYC goals to expand sustainable transportation ‎options and reduce greenhouse gases 80 percent by 2050.”

"The DOT continues to move forward, making cycling a more attractive option for New Yorkers each day," said Council Member Ydanis Rodriguez, Chair of the Committee on Transportation. "We must do everything we can to better protect these vulnerable commuters and the expansion of fully protected bike lanes is the best way to do it. I'm glad to see this effort moving forward and hope we can be even more ambitious next year!"

"Biking is healthy, it eases traffic, and now it's safer than ever with 75 miles of new bike lanes in New York City. I applaud Mayor de Blasio and the Department of Transportation for exceeding projections this year and continuing to pave the path laid last year towards making biking accessible for all New Yorkers. As a biker who enjoys traveling to and from City Hall along the Hudson River Greenway, I am excited at the thought of new routes to explore and enjoy," said Council Member Andrew Cohen.


Senator Jeff Klein Celebrates the Opening of the Student Lounge and Computer Lab at Mercy College Made Possible with $200,000 Grant



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State Senator Jeff Klein, Mercy College President Timothy Hall and students unveiled a new state-of-the-art student lounge and computer lab on Thursday.
Senator Klein provided $200,000 in state funding for the multi-use student activity commons.  Now, commuters will be able to socialize or relax in the student lounge or work on assignments in the computer lab.  Funds were also dedicated to design a lounge for veterans which is scheduled to open next month.
I am proud to have provided these much-needed resources for students at Mercy College. This funding will help foster student engagement by providing our commuters with a social destination, where they can network with fellow students and relax between classes.  Students can now complete their school homework assignments, and work with their classmates on various projects in the new computer lab, impacting their academic success.  I look forward to my continued partnership with Mercy College and cannot wait for the opening of the veteran lounge next month,” said Senator Klein.
“We thank Senator Klein for this extraordinary gift to our campus. The Student Commons at The Bronx Campus will contribute to a more vibrant and energetic feel to this essential campus. Mercy College is strengthening our commitment to our Bronx students with this space. We want them to come to college here, and have fun here. Make friends, work on papers – enjoy their college years,” said  Mercy College President Timothy Hall.