Scott Tucker And Timothy Muir Convicted At Trial For $3.5 Billion Unlawful Internet Payday Lending Enterprise

Defendants Exploited Over 4.5 Million Financially Struggling Americans Through Unlawful Scheme to Evade State Usury Laws

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that SCOTT TUCKER and TIMOTHY MUIR were convicted after a five-week jury trial on all fourteen counts against them, for operating a nationwide internet payday lending enterprise that systematically evaded state laws in order to charge illegal interest rates as high as 1000% on loans.

Acting Manhattan U.S. Attorney Joon H. Kim stated:  “As a unanimous jury found today, Scott Tucker and Timothy Muir targeted and exploited millions of struggling, everyday Americans by charging them illegally high interest rates on payday loans, as much as 700 percent.  Tucker and Muir sought to get away with their crimes by claiming that this $3.5 billion business was actually owned and operated by Native American tribes.  But that was a lie.  The jury saw through Tucker and Muir’s lies and saw their business for what it was – an illegal and predatory scheme to take callous advantage of vulnerable workers living from paycheck to paycheck.”

According to the allegations contained in the Superseding Indictment, and evidence presented at trial:

The Racketeering Influenced Corrupt Organizations (“RICO”) Crimes

From at least 1997 until 2013, TUCKER engaged in the business of making small, short-term, high-interest, unsecured loans, commonly referred to as “payday loans,” through the Internet.  TUCKER’s lending enterprise, which had up to 1,500 employees based in Overland Park, Kansas, did business as Ameriloan, f/k/a Cash Advance; OneClickCash, f/k/a Preferred Cash Loans; United Cash Loans; US FastCash; 500 FastCash; Advantage Cash Services; and Star Cash Processing (the “Tucker Payday Lenders”).  TUCKER, working with MUIR, the general counsel for TUCKER’s payday lending businesses since 2006, routinely charged interest rates of 600% or 700%, and sometimes higher than 1,000%.  These loans were issued to more than 4.5 million working people in all fifty states, including more than 250,000 people in New York, many of whom were struggling to pay basic living expenses.  Many of these loans were issued in states, including New York, with laws that expressly forbid lending at the exorbitant interest rates TUCKER charged.  Evidence at trial established that TUCKER and MUIR were fully aware of the illegal nature of the loans charged and in fact prepared scripts to be used by call center employees to deal with complaints by customers that their loans were illegal. 

Fraudulent Loan Disclosures

The Truth-in-Lending Act (“TILA”) is a federal statute intended to ensure that credit terms are disclosed to consumers in a clear and meaningful way, both to protect customers against inaccurate and unfair credit practices, and to enable them to compare credit terms readily and knowledgeably.  Among other things, TILA and its implementing regulations require lenders, including payday lenders like the Tucker Payday Lenders, to accurately, clearly, and conspicuously disclose, before any credit is extended, the finance charge, the annual percentage rate, and the total of payments that reflect the legal obligation between the parties to the loan.

The Tucker Payday Lenders purported to inform prospective borrowers, in clear and simple terms, as required by TILA, of the cost of the loan (the “TILA Box”).  For example, for a loan of $500, the TILA Box provided that the “finance charge – meaning the “dollar amount the credit will cost you” – would be $150, and that the “total of payments” would be $650.  Thus, in substance, the TILA Box stated that a $500 loan to the customer would cost $650 to repay.  While the amounts set forth in the Tucker Payday Lenders’ TILA Box varied according to the terms of particular customers’ loans, they reflected, in substance, that the borrower would pay $30 in interest for every $100 borrowed.

In fact, through at least 2012, TUCKER and MUIR structured the repayment schedule of the loans such that, on the borrower’s payday, the Tucker Payday Lenders automatically withdrew the entire interest payment due on the loan, but left the principal balance untouched so that, on the borrower’s next payday, the Tucker Payday Lenders could again automatically withdraw an amount equaling the entire interest payment due (and already paid) on the loan.  With TUCKER and MUIR’s approval, the Tucker Payday Lenders proceeded automatically to withdraw such “finance charges” payday after payday (typically every two weeks), applying none of the money toward repayment of principal, until at least the fifth payday, when they began to withdraw an additional $50 per payday to apply to the principal balance of the loan.  Even then, the Tucker Payday Lenders continued to assess and automatically withdraw the entire interest payment calculated on the remaining principal balance until the entire principal amount was repaid.  Accordingly, as TUCKER and MUIR well knew, the Tucker Payday Lenders’ TILA box materially understated the amount the loan would cost, including the total of payments that would be taken from the borrower’s bank account.  Specifically, for a customer who borrowed $500, contrary to the TILA Box disclosure stating that the total payment by the borrower would be $650, in fact, and as TUCKER and MUIR well knew, the finance charge was $1,425, for a total payment of $1,925 by the borrower. 

The Sham Tribal Ownership of the Business

In response to complaints that the Tucker Payday Lenders were extending abusive loans in violation of their usury laws, several states began to investigate the Tucker Payday Lenders.  To thwart these state actions, TUCKER devised a scheme to claim that his lending businesses were protected by sovereign immunity, a legal doctrine that, among other things, generally prevents states from enforcing their laws against Native American tribes.  Beginning in 2003, TUCKER entered into agreements with several Native American tribes (the “Tribes”), including the Santee Sioux Tribe of Nebraska, the Miami Tribe of Oklahoma, and the Modoc Tribe of Oklahoma.  The purpose of these agreements was to cause the Tribes to claim they owned and operated parts of TUCKER’s payday lending enterprise, so that when states sought to enforce laws prohibiting TUCKER’s loans, TUCKER’s lending businesses would claim to be protected by sovereign immunity.  In return, the Tribes received payments from TUCKER, typically one percent of the revenues from the portion of TUCKER’s payday lending business that the Tribes purported to own.  

• In order to create the illusion that the Tribes owned and controlled TUCKER’s payday lending business, TUCKER and MUIR engaged in a series of lies and deceptions.  Among other things:MUIR and other counsel for TUCKER prepared false factual declarations from tribal representatives that were submitted to state courts, falsely claiming, among other things, that tribal corporations substantively owned, controlled, and managed the portions of TUCKER’s business targeted by state enforcement actions.

• TUCKER opened bank accounts to operate and receive the profits of the payday lending enterprise, which were nominally held by tribally owned corporations, but which were, in fact, owned and controlled by TUCKER.  TUCKER received over $380 million from these accounts on lavish personal expenses, some of which was spent on a fleet of Ferraris and Porsches, the expenses of a professional auto racing team, a private jet, a luxury home in Aspen, Colorado, and his personal taxes.

• Employees of TUCKER making payday loans over the phone told borrowers, using scripts directed and approved by TUCKER and MUIR, that they were operating in Oklahoma and Nebraska, where the Tribes were located, when in fact they were operating at TUCKER’s corporate headquarters in Kansas in order to deceive borrowers into believing that they were dealing with Native American tribes.

These deceptions succeeded for a time, and several state courts dismissed enforcement actions against TUCKER’s payday lending businesses based on claims that they were protected by sovereign immunity.  In reality, the Tribes neither owned nor operated any part of TUCKER’s payday lending business.  The Tribes made no payment to TUCKER to acquire the portions of the business they purported to own.  TUCKER continued to operate his lending business from a corporate headquarters in Kansas, and TUCKER continued to reap the profits of the payday lending businesses, which generated over $3.5 billion in revenue from just 2008 to June 2013 – in substantial part by charging struggling borrowers high interest rates expressly forbidden by state laws.

TUCKER, 55, and MUIR, 46, were convicted in all 14 counts in the Indictment, including one count of conspiring to commit racketeering through the collection of unlawful debt, three counts of participating in a racketeering enterprise through the collection of unlawful debt, one count of conspiring to commit wire fraud, one count of wire fraud, one count of conspiring to commit money laundering, two counts of money laundering, and five counts of violating TILA. 

Mr. Kim praised the outstanding investigative work of the St. Louis Field Office of the IRS-CI.  Mr. Kim also thanked the Criminal Investigators at the United States Attorney’s Office, the Federal Bureau of Investigation, and the Federal Trade Commission for their assistance with the case.

If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact the Victim/Witness Unit at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900.  For additional information, go to:

http://www.usdoj.gov/usao/nys/victimwitness.html.

Statement Of Acting U.S. Attorney Joon H. Kim On The Convictions Of Scott Tucker And Timothy Muir For Unlawful Payday Lending Enterprise

  Acting Manhattan U.S. Attorney Joon H. Kim stated:  “As a unanimous jury found today, Scott Tucker and Timothy Muir targeted and exploited millions of struggling, everyday Americans by charging them illegally high interest rates on payday loans, as much as 700 percent.  Tucker and Muir sought to get away with their crimes by claiming that this $3.5 billion business was actually owned and operated by Native American tribes.  But that was a lie.  The jury saw through Tucker and Muir’s lies and saw their business for what it was – an illegal and predatory scheme to take callous advantage of vulnerable workers living from paycheck to paycheck.”

A.G. Schneiderman Announces Multistate Lawsuit To Defend Health Care Subsidies

Cutting Off Payments Will Jeopardize Health Care For New York’s Most Vulnerable, Destabilize Healthcare Market, And Lead To Rising Insurance Rates For New Yorkers

19 Attorneys General File Suit To Protect Affordable Health Care

  New York Attorney General Eric T. Schneiderman announced a new multistate lawsuit filed by 19 Attorneys General to defend the health care subsidies on which thousands of New Yorkers and millions of Americans rely.

Last night, President Trump announced that his administration will cut off the Affordable Care Act’s cost-sharing reduction payments, which reduce co-payments, deductibles, and other out-of-pocket costs for low-income Americans. Under the Affordable Care Act, these payments are made monthly to insurance companies. Cutting off the subsidies would destabilize the healthcare market; New York insurance plans alone would take a hit of millions of dollars in money that had previously been budgeted, and insurance rates will rise for New Yorkers.

“These subsidies make critical health care affordable for our most vulnerable,” said Attorney General Schneiderman. “President Trump’s move to cut these subsidies is a reckless assault on the health care of thousands of New Yorkers and millions of Americans. I will not allow President Trump to use New York families as political pawns in his dangerous and partisan campaign to sabotage our healthcare system.”

“Unable to move the repeal of the Affordable Care Act in Congress, President Trump is now attempting to administratively dismantle the ACA bit by bit. His actions will slash benefits and raise premiums, and it will single handedly destabilize insurance markets. ‎In New York, we will not stand silently by as the federal government tries to take away health care from New Yorkers. As President Trump executes on his mission to strip health care protection from those who need it most, we are proud to be joining states across the nation to sue the federal government and protect our health care. We will not go backwards,” said Governor Andrew Cuomo.

Click here to read the multistate lawsuit, which was filed this afternoon in the Northern District of California by the Attorneys General of New York, California, Connecticut, Delaware, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

The lawsuit argues that the federal government is required to make these payments under law, and failure to do so would be “contrary to the law” and “arbitrary and capricious” in violation of the Administrative Procedure Act.

In May, Attorney General Schneiderman and California Attorney General Xavier Becerra, leading a coalition of Attorneys General, moved to intervene in House v. Price in order to protect millions of Americans’ access to affordable health care. The DC Circuit granted their intervention in August.

A.G. Schneiderman: We Will Sue To Defend Health Care Subsidies

A.G. Schneiderman Leads Coalition Of AGs That Intervened In Defense Of Cost-Sharing Subsidies

"Hundreds of thousands of New York families rely on the Affordable Care Act’s subsidies for their health care - and again and again, President Trump has threatened to cut off these subsidies to undermine our healthcare system and force Congress to the negotiating table. That's unacceptable. 

"I will not allow President Trump to once again use New York families as political pawns in his dangerous, partisan campaign to eviscerate the Affordable Care Act at any cost.

"This summer, the courts granted our intervention to defend these vital subsidies and the quality, affordable health care they ensure for millions of families across the country. Our coalition of states stands ready to sue if President Trump cuts them off."

In May, Attorney General Schneiderman and California Attorney General Xavier Becerra, leading a coalition of 18 Attorneys General, moved to intervene in House v. Price in order to protect millions of Americans' access to affordable health care. The DC Circuit granted their intervention in August.

Bronx Chamber of Commerce to Honor Six Distinguished Individuals for Their Contributions to the Bronx at Annual BCC Italian Heritage Luncheon:

NEWS From the Office of the New York State Comptroller Thomas P. DiNapoli

DiNapoli: Billions Needed for Repairs to Local Bridges

Repair Costs Are Major Fiscal Challenge for Local Governments
  Bridges owned by New York’s local governments need an estimated $27.4 billion in repairs, according to a report released today by New York State Comptroller Thomas P. DiNapoli.

While the cost for repairs is staggering, DiNapoli’s report found the number of "structurally deficient" locally-owned bridges has declined in recent years. But concerns about how local governments will find funding for repairs is growing as Washington considers changes to infrastructure aid.

"Local communities are facing a big price tag for maintaining and repairing bridges,” DiNapoli said. "These structures are aging and the cost for repairs will likely only increase over time. Many local governments understand the importance of long-term planning for their infrastructure needs but they will need help. While the state has taken steps to make funds for repairs available, the assistance of the federal government has also been critical. Difficult decisions lie ahead, but these infrastructure needs must be addressed."

Local governments, mostly counties, own 8,834 out of 17,462 bridges in the state. These bridges carry average daily traffic of nearly 33.4 million vehicles. DiNapoli’s report found local bridges are more likely to be structurally deficient than state-owned bridges (12.8 percent to 9 percent). “Structurally deficient” bridges that remain open are considered safe to drive on, but either have load-bearing elements in poor condition or are prone to repeated flooding.

The overall percentage of structurally deficient local bridges declined from 16.7 percent to 12.8 percent from 2002 to 2016, while the state’s percentage was relatively flat at around 9 percent.

Town-owned bridges are more likely to be structurally deficient (18.4 percent) than other local bridges. The highest number of structurally deficient local bridges are located in New York City (86), followed by the counties of Erie (52), Ulster (46) and Steuben (40). The counties with the highest percentage of structurally deficient local bridges are Seneca (34.6 percent), Cayuga (27.6 percent) and Hamilton (23.8 percent).

Regionally, New York City has the highest proportion of functionally obsolete bridges (75.9 percent), followed by Long Island (40.6 percent) and the Mid-Hudson Valley (26.9 percent). “Functionally obsolete” bridges, though not structurally unsound, fail to meet current design standards for the amount of traffic carried. Those structures may have inadequate lane or shoulder widths, low clearances or low load-carrying capacity. DiNapoli’s report notes the challenge of improving older infrastructure in developed areas, which have limited space to expand bridge structures to handle increased traffic flows or meet current design standards.

The total cost of needed repairs to all 17,462 highway bridges in the state was estimated at $75.4 billion in 2016 according to the U.S. Department of Transportation's Federal Highway Administration National Bridge Inventory. For local bridges, those in New York City have the highest estimated costs at $20.4 billion, nearly three-quarters of the $27.4 billion estimated for all local bridges.

Municipalities are generally responsible for the costs of their locally owned bridges. However, they generally receive assistance from the state and federal government. Excluding assistance to address severe winter weather damage, funding levels for traditional state aid programs (Marchiselli Aid and CHIPs) have remained flat in recent years. In 2016, the state created the BRIDGE NY program to support local bridges and culverts. As of January 2017, the state Department of Transportation had awarded $200.4 million to fund 132 local bridge and culvert projects statewide.

The federal government also provides aid for local bridge projects, primarily through Federal Highway Administration programs. These grants generally can fund up to 80 percent of eligible costs with the state or local government coming up with the remainder. In addition, the Federal Emergency Management Agency provides grants for damage caused by natural disasters or emergencies, including repairs to damaged bridges.

Read the report or go to: http://www.osc.state.ny.us/localgov/pubs/research/local-bridges-by-the-numbers.pdf

An interactive online tool with county-level data on New York’s bridges is available at: http://wwe1.osc.state.ny.us/localgov/bridges/bridges.cfm

For access to state and local government spending, public authority financial data and information on 140,000 state contracts, visit Open Book New York. The easy-to-use website was created by DiNapoli to promote transparency in government and provide taxpayers with better access to financial data.

Founder And Ceo Of Wright Time Capital Group Pleads Guilty To Commodities Fraud

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that MICHAEL S. WRIGHT pled guilty today before U.S. District Judge Paul A. Engelmayer to commodities fraud in connection with WRIGHT’s operation of an investment fund, Wright Time Capital Group (“WTCG”).  WRIGHT induced victims to invest in his fund by misrepresenting the historical trading performance of WTCG, and, after obtaining investor funds, misappropriated a large portion of them for his personal use and benefit.  Additionally, after losing most of the funds he actually invested in unsuccessful forex trades, WRIGHT hid those losses from investors by issuing fake account statements and began operating WTCG as a Ponzi scheme, obtaining funds from new investors and using those funds to make payments to earlier investors who were demanding the return of their investments. 

Acting U.S. Attorney Joon H. Kim said:  “Michael Wright used WTCG as his personal piggy bank, issuing fraudulent account statements that covered up the losses WTCG incurred, and ultimately operating WTCG as a Ponzi scheme.  Thanks to the dedicated work of the FBI, Wright will now be held to account for his fraudulent scheme.” 

According to the Complaint, the Indictment, and other statements made in open court:

WRIGHT started WTCG in January 2011, and ultimately obtained more than $400,000 in investments from victims (the “Victims”).  In his pitch to potential investors, WRIGHT misrepresented WTCG’s investment performance, falsely claiming that he had achieved double-digit gains through forex trading in WTCG’s first six months of existence.  In fact, from the outset of WTCG, WRIGHT earned little to no money through his forex trading, and WRIGHT repeatedly falsified account statements to the Victims.  Additionally, after obtaining Victim funds, WRIGHT did initially purchase some forex trades on their behalf, but then began to steal their money, using investor funds to pay for personal expenses, including hotel stays, travel, and tattoos. 

Eventually, WRIGHT operated WTCG as a Ponzi scheme, soliciting funds from new investors in order to use their funds to make payments to other Victims who were demanding the return of their investments.  

WRIGHT, 30, of Rockville Centre, New York, pled guilty to one count of commodities fraud, which carries a maximum sentence of 10 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.

WRIGHT is scheduled to be sentenced by Judge Engelmayer on January 25, 2018, at 10:00 a.m.

Mr. Kim praised the efforts of the FBI in this investigation. 

Leader Of “2Fly” Street Gang Sentenced To Over 16 Years In Prison On Racketeering And Firearms Charges

    Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that LAQUAN PARRISH, a/k/a “MadDog,” a/k/a “Quanzaa,” a leader of a violent street gang in the Bronx called the “2Fly YGz” (“2Fly”), was sentenced today to 195 months in prison on racketeering and firearms charges.  PARRISH was sentenced by United States District Judge Lewis A. Kaplan.  

Acting U.S. Attorney Joon H. Kim said:  “Laquan Parrish led the violent 2Fly street gang, and participated in the gang’s violence.  In August 2012, Parrish and other 2Fly members opened gunfire at a group of rival gang members sitting in a playground.  By good fortune, no one was killed, but a bullet struck one rival gang member in the chest and another in the leg, and a 14-year-old girl was wounded in the crossfire.  Today’s sentence holds Parrish accountable for this senseless violence.”

According to the Indictment and other documents filed in the case, as well as statements made during the public proceedings in this case:

PARRISH was a leader of 2Fly, a subset of the “Young Gunnaz,” or “YGz” street gang, which operates throughout New York City.  2Fly is based in the Bronx, within and around the Eastchester Gardens public housing development (“ECG”) and in an area called the “Valley” or the “V,” which is in the vicinity of Gun Hill Road.  ECG is a rectangular complex of residential buildings bordered by Burke, Adee, Yates, and Bouck Avenues, in the middle of which is a playground.  The gang war between 2Fly and rival street gangs has led to an enormous amount of fatal and non-fatal violence between 2007 and 2016 in the Northern Bronx, including shootings, stabbings, slashings, beatings, and robberies.  Members and associates of 2Fly controlled the narcotics trade at ECG, which took place in the open air at the playground and in apartments at ECG.  2Fly primarily sold marijuana and crack cocaine, but also sold powder cocaine and prescription pills, such as oxycodone.  2Fly members and associates stored guns at the playground or in nearby apartments or cars in order to protect the narcotics business and for protection against rival gangs.

In addition to leading 2Fly, PARRISH personally participated in a number of acts of violence with the Gang, including a shootout with rival gang members on August 7, 2012, in a public park in the Bronx.  Three victims were shot, including a 14-year-old girl caught in the crossfire.

PARRISH, 27, of the Bronx, New York, was arrested in this case as a result of a multi-year investigation by the New York City Police Department’s Bronx Gang Squad (the “Bronx Gang Squad”), the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Violent Gang Unit (“HSI”), the New York Field Division of the Drug Enforcement Administration (“DEA”), and the Joint Firearms Task Force of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) into gang violence in the Northern Bronx.  On April 27, 2016, the Indictment captioned United States v. Laquan Parrish et al., 16 Cr. 212 (LAK) was unsealed, charging 57 members and associates of 2Fly with racketeering conspiracy, narcotics conspiracy, narcotics distribution, and/or firearms charges.  To date, 54 of these defendants have pled guilty.

Mr. Kim praised the outstanding work of NYPD’s Bronx Gang Squad, HSI, DEA, and ATF.  He also thanked the Bronx County District Attorney’s Office, the Department of Investigation, NYCHA Inspector General’s Office, and the New York State Department of Parole for their ongoing support in this investigation.

A.G. Schneiderman Announces $375,000 Settlement With Flatiron Computer Coding School For Operating Without A License And For Its Employment And Salary Claims

A.G. Schneiderman Encourages New Yorkers To Report Deceptive Conduct At For-Profit Schools To His Office

  Attorney General Eric T. Schneiderman today announced a $375,000 settlement with Flatiron School, Inc. (“Flatiron”), a New York city-based coding school that operated without a license from the New York State Education Department (“SED”) and improperly marketed and promoted its job placement rate and the average starting salary of its graduates. Today’s settlement follows a series of groundbreaking actions taken by the Attorney General’s Office hold for-profit colleges accountable and to provide relief to victimized students. 

Under today’s agreement, Flatiron will pay $375,000 in restitution to eligible graduates who file complaints against the coding school with the Attorney General’s Office within three months of the effective date. Affected Flatiron students and consumers who wish to report deceptive conduct at for-profit schools can file a complaint online at ag.ny.gov or by calling 1-800-771-7755.

“Coding boot camps have become popular as students seek careers in the tech industry, but for-profit coding schools must comply with state requirements, including obtaining a license before operating,” said Attorney General Schneiderman. “Schools must also provide clear explanations of advertised job placement rates and salary claims of their graduates.” 

Flatiron, a for-profit career school doing business in New York City, offers web applications and computer coding classes at its Broadway location and online. The school, which has taught approximately 1,000 students, charges students between $12,000 and $15,000 for a 12 to 16 week in-person class and approximately $1,500 a month for online coding classes.

According to the Attorney General’s investigation, Flatiron operated without a license from SED and without authorization to provide online classes between October 2013 and September 2017.

The Attorney General’s investigation also uncovered that Flatiron made inflated claims on its website concerning the percentage of its graduates who obtained employment after completing their courses and the average salaries of their graduates. For example, between January and June 2017, Flatiron claimed that 98.5% of its students received employment less than 180 days after graduation and that Flatiron graduates had an average salary of $74,447. However, Flatiron did not disclose clearly and conspicuously that the 98.5% employment rate included not only full time salaried employees but also apprentices, contract employees and self-employed freelance workers, some who were employed for less than twelve weeks. Similarly, Flatiron failed to clearly and conspicuously disclose that its $74,447 average salary claim included full time employed graduates only, which represent only 58% of classroom graduates and 39% of online graduates. 

In order to obtain a SED license, a non-degree granting career school must meet a number of criteria, including using an approved curriculum and employing a licensed director and teachers. The school must also demonstrate financial viability. These requirements help safeguard students who attend licensed schools.

The Attorney General’s settlement provides that Flatiron:

• Not operate any educational institution without obtaining necessary licenses and complying with SED laws, rules and regulations
• Clearly and conspicuously disclose the method and categories by which its employment rate and average salaries were calculated in any advertising or oral or written disclosure to students
• Clearly and conspicuously disclose the population comprising the average salary, as well as the population comprising the employment rate calculation wherever it discloses both its employment rate and average starting salary of its graduates
• Not count nonpermanent graduates as employed unless they (1) receive compensation in return for services provided; (2) are anticipated to be employed for at least three months and (3) the position requires that the individual work at least 20 hours a week  

Students can check whether a school is licensed on the SED website at http://eservices.nysed.gov/bpss/bpsspublic/BPSSPublicSearch.do. 

A.G. Schneiderman Statement On Pres. Trump's Health Care Executive Order

New York Attorney General Eric T. Schneiderman released the following statement in response to President Trump’s executive order today:

“Having failed to persuade a Republican Congress to repeal the Affordable Care Act (ACA), President Trump now appears to be trying to accomplish by executive fiat what he could not through Congress — treating New Yorkers as political pawns in his effort to sabotage the health care market.

“Let me be clear: if the Trump Administration takes any action that violates the law — or tramples on New Yorkers’ constitutional rights — we will take them to court.

“In the meantime, my office will continue to defend the vital ACA subsidies in federal court for the hundreds of thousands of New Yorkers and millions of Americans who rely on the quality, affordable health care they provide.”

In May, Attorney General Schneiderman and California Attorney General Xavier Becerra, leading a coalition of 18 Attorneys General, moved to intervene House v. Price, in defense of the Affordable Care Act’s cost-sharing subsidies. In August, the D.C. Circuit granted their intervention. In New York alone, 730,000 New Yorkers rely on $900 million in cost-sharing reduction payments.

Croton Filter Plant - Croton FMC Meeting on Monday, October 30 at 6:30pm

  The next Croton Facility Monitoring Committee meeting will be on Monday, October 30 at 6:30pm at the DEP office, 3660 Jerome Ave Bronx NY 10467.  

The agenda will be placed here when it is finalized.

NEWS FROM CONGRESSMAN ELIOT ENGEL

Engel: Repealing Clean Power Plan Will Take Our Country Backwards

  Congressman Eliot L. Engel, a top member of the House Energy and Commerce Committee, released the following statement today in response to EPA Administrator Scott Pruitt’s announcement that he will take formal steps to repeal President Obama’s Clean Power Plan:

“The Trump Administration has been trying to gut the Affordable Care Act. Now, they’re going after another lifesaving health protection: America’s first and only federal limit on pollution from existing power plants. Repealing pollution limits for power plants will take our country backward. It will expose millions of Americans to more dangerous pollutants that contribute significantly to asthma and respiratory illness—two health issues that are already a big problem in the Bronx and Westchester region. It will also hinder our economic growth and exacerbate the growing threat of climate change.

“The hurricanes and wildfires that have gripped our country over the past few months demonstrate that extreme weather can cause horrific human devastation and grind local economies to a halt. The world’s climate scientists agree; we will see more events like these if we don’t take measures to transition to clean energy and cut pollution.

“This is nothing but a thinly veiled attempt to please the polluters of yesterday while undermining clean-energy jobs of today and tomorrow. The future lies with clean, renewable energy and will belong to whichever nation prioritizes it. With this move, the Trump Administration is leaving the door open for countries like China to become global leaders in energy.” 

Engel Calls President's Decision to Cut-Off ACA Payments "Outrageous"

   Congressman Eliot L. Engel, a top Member of the House Energy and Commerce Committee, made the following statement on President Trump’s continued actions to undermine the Affordable Care Act (ACA):

“The President’s decision to cut off cost-sharing reduction payments is his most outrageous act of sabotage against our health care system yet.

“These payments enable insurers to keep consumers’ out-of-pocket costs down. Per the nonpartisan Congressional Budget Office (CBO), ending them will cause premiums to rise and spur insurers to leave markets, in turn leaving Americans with fewer choices – the exact opposite of what the President has promised for months.

“If the President truly believed that action was needed on Congress’s part, he would have called on Congress to act. I have cosponsored the Marketplace Certainty Act, along with dozens of my colleagues, to appropriate funding for the cost-sharing reduction payments and remove any ambiguity on this issue. But, instead, the President chose to put millions of Americans’ health care at risk.

“Just yesterday, the President signed an Executive Order that could bring back the junk insurance policies that, before the ACA, offered little value for your money and punished sick people for their health status. Now, he’s doubled-down with a move that will hike up premiums and limit consumer choice. All of this amounts to the same ‘pay more, get less’ plan that the American people rejected in Trumpcare.

“Make no mistake: any instability in our health care system going forward will be a direct consequence of the President’s actions over the past two days. There is no reason for the President to make this move other than to hurt Americans. I am deeply saddened that in his desperation to see the ACA fail, he has made this egregious decision.”

MAYORAL ADVISORY COMMISSION ON CITY ART, MONUMENTS, AND MARKERS

JOINT STATEMENT FROM TOM FINKELPEARL AND DARREN WALKER, CO-CHAIRS OF THE MAYORAL ADVISORY COMMISSION ON CITY ART, MONUMENTS, AND MARKERS

  “Tuesday’s meeting marks an important step in the commission’s work. While recent events have placed an understandable urgency on our work, these are by no means new controversies. Public sculptures and monuments have sparked intense debates stretching back decades. Monuments are lasting embodiments of our city and nation’s people. Our goal is to make our public landscape more reflective of that rich and complicated history. This thoughtful community conversation is our city’s first ever attempt at making these important strides possible.

“We know there are important conversations surrounding these structures happening all over New York City. In order to incorporate these dialogues in this comprehensive process, we will be hosting an online survey and several public forums across the city. The survey and forum schedule will be released in the coming days.”

Wave Hill Events Oct 27–Nov 3 Spiders!—and Winter Hours

  This year, we are offering a new tip of the hat to Halloween with Spider Day, Sunday, October 29. (Enchanted Wave Hill Weekend, the week before, has traditionally been our naturally exuberant way to acknowledge all-hallows eve.) Not unrelated, the Saturday afternoon video screening and science talk, is all about insects. The springboard for that, however, is one of the artists in our anniversary exhibition in Glyndor Gallery this fall. Artist aricoco, a chemical ecologist and an entomologist engage in a far-ranging conversation about social communication. The week ends with the ever-popular, annual “Fall Foliage Walk” with our Senior Horticultural Interpreter Charles Day.

Being a garden, Wave Hill is tuned to seasonal change, and one of the most significant this time of year is the ever-shortening day. Acknowledging that, we close at 4:30, not 5:30, starting November 1

Sat, October 28    Family Art Project: Spider Web Fashion

Join Family Art Project Storyteller Rama Mandel for tales about special spiders, including the Itsy Bitsy Spider and Anansi the spider, the great folk hero and mischief maker. Costume yourself in a web of mesh tulle and, with the twisty artistry of pipe cleaners and bits of black felt and yarn, welcome lots of little spiders. Free, and admission to the grounds is free until noon. Sunday is Spider Day! 

WAVE HILL HOUSE, 10AM‒1PM

Sat, October 28    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Sat, October 28    Family Gallery Tour

Explore artwork on view in Glyndor Gallery on a family-friendly tour with a Curatorial Fellow. Children ages six and older welcome with an adult. Free, and admission to the grounds is free until noon.

MEET AT WAVE HILL HOUSE, NOON

Sat, October 28    Video Screening and Science Talk: Art & Nature—Social Communication in the Insect World

Learn how social insects—ants, bees, termites and more—have long inspired the imagination of artists and the curiosity of scientists. In conjunction with Call & Response, the fall exhibition in Glyndor Gallery, this program presents a video art piece by former Sunroom artist aricoco, exploring the behavior of bugs that live in highly organized societies. Chemical ecologist Qian “Karen” Sun follows with a talk about how these creatures “speak,” cooperate and achieve colony-level success. Entomologist Lawrence Forcella provides a display of live ants and termites. Free with admission to the grounds.

WAVE HILL HOUSE, 1PM

Sat, October 28    Gallery Tour

Wave Hill’s Curatorial Fellow leads a tour of the current exhibition in Glyndor Gallery. This fall, the entire gallery is given over to new site-responsive projects honoring the tenth anniversary of Wave Hill’s Sunroom Project Space. Call & Response showcases the work of 50 artists who have exhibited in this unique venue, in projects ranging from art objects created from natural materials gathered onsite, to sound pieces, outdoor installations and performance works. Free with admission to the grounds.

GLYNDOR GALLERY, 2PM

Sun, October 29    Family Art Project: Spider Web Fashion

Join Family Art Project Storyteller Rama Mandel for tales about special spiders, including the Itsy Bitsy Spider and Anansi the spider, the great folk hero and mischief maker. Costume yourself in a web of mesh tulle and, with the twisty artistry of pipe cleaners and bits of black felt and yarn, welcome lots of little spiders. Free with admission to the grounds. Spider Day event. 

WAVE HILL HOUSE, 10AM‒1PM

Sun, October 29    Nature Presentation: Arachnid Appreciation Station

Halloween portrays our humble spiders as malevolent and deadly creatures yet most are perfectly harmless to humans. Beef up your arachnid I.Q. with local entomologist Lawrence Forcella and observe a collection of live and preserved spiders, from delicate orb-weavers to hairy, hulking tarantulas. Ages six and older welcome with an adult. Free with admission to the grounds. Spider Day event.

ON THE GROUNDS, NOON–3PM

Sun, October 29    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

Mon, October 30    

Closed to the public.

Tue, October 31    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Tue, October 31    Gallery Tour

Wave Hill’s Curatorial Fellow leads a tour of the current exhibition in Glyndor Gallery. This fall, the entire gallery will be given over to new site-responsive projects honoring the tenth anniversary of Wave Hill’s Sunroom Project Space. Call & Response showcases the work of more than 50 artists who have exhibited in this unique venue, in projects ranging from art objects created from natural materials gathered onsite, to sound pieces, outdoor installations and performance works. Free with admission to the grounds.

GLYNDOR GALLERY, 2PM

Wed, November 1    Fall Foliage Walk

Enjoy colorful foliage at its seasonal peak. Horticultural Interpreter Charles Day shares some of his favorite trees and shrubs in their vibrant fall finery. This walk repeats November 4. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–4:30PM, November 1–March 14. Closes 5:30PM, starting March 15.

ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesdaymornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.