NYC Comptroller Urges DHS To Extend Period of Protection Against Deportation for Noncitizen Victims & Witnesses During Labor Violation Investigations

 

Joins national coalition of 27 state & local agencies in asking federal Dept. of Homeland Security to extend deferred action protection

New York City Comptroller Brad Lander joined a coalition—spearheaded by the Massachusetts Attorney General’s Office, the Illinois Attorney General’s Office and the Seattle Office of Labor Standards—of 27 labor enforcement agencies, including state attorneys general and other state and local entities, in calling on the U.S. Department of Homeland Security (DHS) to extend the protection period of the Deferred Action for Labor Enforcement (DALE) program for noncitizen victims and witnesses of labor violations from the current two years to a minimum of four years in order to better support labor rights enforcement efforts.

The call for extending DALE protection period was made via a letter to DHS.

“By joining this coalition of nearly thirty labor enforcement agencies across the country calling on DHS to extend Deferred Action for Labor Enforcement protection period for immigrant workers who witness or experience labor violations, my office recognizes the vital contributions of immigrant workers in our country’s economy, despite immigrants often facing significant exploitation in their workplaces,” said New York City Comptroller Brad Lander. “My office enforces New York City’s prevailing wage law, and we often see undocumented immigrants worried about retaliation and immigration enforcement. By extending their protection period, we can empower workers to come forward about labor violations and abuses without fear and hold their employers accountable.”

DALE offers protection from deportation for noncitizens who are victims or witnesses of labor rights violations or who are otherwise the subjects or participants of a labor investigation. DALE also grants work authorization for individuals who demonstrate a need to work. The current deferred action protection period is two years, after which an individual may apply for a renewal to extend their protection.

Noncitizen workers are disproportionately employed in low-wage and high-turnover industries where they are vulnerable to exploitation by employers who often purposefully target them and violate their rights with illegal practices. These practices include paying below the applicable minimum wage, failing to pay workers all their wages or delaying their wages, refusing to pay overtime, failing to follow record-keeping requirements, misclassifying employees as “independent contractors,” denying them access to earned sick time, failing to provide workers compensation coverage, and exposing them to workplace health and safety hazards. These violations are common in industries such as cleaning, construction, and food service.

The Office of the New York City Comptroller enforces prevailing and living wage laws in New York City and is authorized to issue Statements of Interest related to its investigations.   Prevailing wage is the wage and benefit rate set annually by the Comptroller for workers performing construction work on public projects or building service work on City-funded sites or properties that receive certain tax benefits from the state. The New York City prevailing wage law also applies to certain City contracts for temporary services and food services.

DALE enables labor enforcement agencies to secure cooperation in investigations from noncitizen victims and witnesses of labor violations by lessening noncitizen workers’ fear of deportation. Such agencies rely heavily on workers’ willingness to report labor rights violations, provide information during investigations, and act as witnesses during enforcement efforts.

However, due to the often-complex nature of such investigations along with the challenges in securing witness cooperation from noncitizens fearful of deportation and retaliatory threats of deportation from their employers, these cases often extend beyond two years before agencies can complete enforcement. If noncitizen workers lose their protection from deportation prior to completion of an investigation and any related enforcement action, they may be unable to serve as witnesses or continue assisting these agencies. Without ongoing protections, labor law violations may go unpunished, undermining the efforts of such agencies and witnesses. The coalition thus urges DHS to extend the deferred action protection period from two years to four years.

While workers are able to apply for a renewal of protections after the current two-year period of protection expires, the renewal process can be complex and burdensome for both workers and the agencies involved, with no guarantee that a renewal will be granted. An extension of the protection period would allow noncitizen workers to be less reluctant to work with law enforcement, knowing that they will be protected for an extended period of time without needing to undergo an uncertain renewal process.

In the letter, the coalition also provides multiple examples of enforcement actions taken by their agencies that require more than two years to complete.

Joining the New York City Comptroller’s Office in sending the letter are the Attorneys General of California, Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, and Vermont, along with the Seattle Office of Labor Standards, California Labor and Workforce Development Agency, the California Labor Commissioner’s Office, the California Department of Industrial Relations – Department of Occupational Safety and Health, the California Agricultural Labor Relations Board, the Denver Labor Auditor’s Office, the Los Angeles County Office of Labor Equity, and the Travis County District Attorney’s Office.

The letter in its entirety may be viewed here.

DEC Releases Environmental Bond Act Draft Guidelines for Green Building Projects at State Facilities

 

Draft Guidelines Now Available for Public Review and Comment through Aug. 2, 2024 

The New York State Department of Environmental Conservation (DEC) released for public review and comment draft eligibility guidelines to implement funding under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act). The proposed guidelines allocate funding for costs associated with green building projects that increase energy efficiency or the use or siting of renewable energy on State-owned buildings.  

 

“Bond Act investments in projects designed to improve energy efficiency, decrease harmful emissions from State facilities, and advance renewable energy and green infrastructure will make a significant impact as New York continues to work toward reaching its climate action goals,” DEC Interim Commissioner Sean Mahar said. “The draft guidelines released today for public review and comment are another step forward in the State’s sustained efforts to build a stronger, more resilient New York investing Clean Water, Clean Air and Green Jobs Environmental Bond Act dollars in critical projects and improvements.”  

 

Eligible project locations include New York State-owned buildings or properties. Eligible projects are those ?i?dentified in a draft or completed energy master plan, New York Power Authority decarbonization action plan, energy study, or equivalent that meets or exceeds American Society of Heating, Refrigerating and Air-Conditioning Engineers Level 2 energy audits. Projects should be aligned with Executive Order 22, Leading by Example: Directing State Agencies to Adopt a Sustainability and Decarbonization Program, and follow the green purchasing specifications and operational directives developed for state agencies. Projects must also be substantially complete within five years. Funds are to be used in conjunction with all other available sources such as federal funds, other state funds, utility incentives or tax credits.   

 

Project may include?, but are not limited to?: 

• Installing, upgrading, or modifying a renewable energy source at a State-owned building or for the purpose of converting or connecting a State-owned building or portion thereof, to a renewable energy source; 
• Reducing energy use or improving energy efficiency or occupant health;
• Installing a green roof;
• Installing renewable heating and cooling systems, including geothermal, air to air,? ?air to water?, and heat recovery? heat pumps and associated distribution systems, and thermal energy networks;   
• Greenhouse gas emissions reduction projects and those that improve air quality;
• New energy technology projects or application of such technology that reduce fossil fuel use (heating oil, natural gas, steam generated by fossil fuel);
• Building electrification projects;
• System conversion to natural gas or other fossil fuel and full system replacements to new fossil fuel-based systems are not

The full eligibility guidelines are available in the Environmental Notice Bulletin.

Public comments on the draft guidelines will be accepted until Friday, Aug. 2, 2024, at 5 p.m. and can be submitted in writing: by mail to?Jon Binder, NYS DEC, 625 Broadway, Albany, NY 12233 Email: Bondact@dec.ny.gov with the subject: Green Buildings 

Disadvantaged Communities?? 

The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). Disadvantaged communities are those. identified by the Climate Justice Working Group, pursuant to the Climate Act. Consistent with this Bond Act requirement, DEC will aim to prioritize 40 percent of grant awards to benefit disadvantaged communities.?? 

New York’s Clean Water, Clean Air and Green Jobs Environmental Bond Act? 

On Nov. 8, 2022, New York voters overwhelmingly approved the $4.2 billion Environmental Bond Act. State agencies, local governments, and partners will be able to access funding to protect water quality, help communities adapt to climate change, improve resiliency, and create green jobs. Bond Act funding will support new and expanded projects across the state to safeguard drinking water sources, reduce pollution, and protect communities and natural resources from climate change. ??? 

Since the Bond Act passed, an inter-agency working group comprised of multiple state agencies has been implementing a transparent and collaborative process to identify needs for environmental funding across the state to help develop program logistics. In the last year, the state announced a $200 million funding investment toward the state’s existing Water Infrastructure Improvement and Intermunicipal?Grant programs, $100 million available for zero-emission school buses, $100 million available for Clean Green Schools, $13.1 million to support construction of the Adirondack Rail Trail and Saranac Lake Depot, and State-administered forestry projects to plant 25 million trees by 2033. Additional funding opportunities are available now. Find open grant opportunities, more Bond Act-related information, and sign up for progress updates at environmentalbondact.ny.gov.? 

DOI ISSUES REPORT ON NYC BOARD OF ELECTIONS’ MISUSE OF ANNUAL AND SICK LEAVE PAYMENTS TO ITS FORMER GENERAL COUNSEL DURING FOUR-MONTH PERIOD BETWEEN 2020 AND 2021

 

The former General Counsel was under investigation during this time and later convicted of Official Misconduct 

Jocelyn E. Strauber, Commissioner of the New York City Department of Investigation (“DOI”), released a Report on the misuse of annual and sick leave by the Board of Elections (“BOE”) in the City of New York involving its former General Counsel Steven H. Richman. During the relevant four-month period noted in this Report, Richman was under criminal investigation, which resulted in Richman’s pleading guilty to two counts of Official Misconduct in June 2022. DOI found that during the four-month period between August 2020 and January 2021, BOE advanced Richman 23 days of annual leave that he had not earned, and permitted him to use approximately 60 days of undocumented sick leave, when there was no evidence that he was actually sick. 

DOI findings included that BOE acted inconsistently with its standard practices concerning advancement of annual leave and its policies concerning sick leave. DOI also found that BOE has no written policies with respect to the advancement of annual leave and that BOE failed to document or explain the basis for its approach to the handling of both sick and annual leave in this instance. While BOE Commissioners have discretion to depart from BOE policy, their actions in this instance appear improper and their failure to document the basis for their decisions falls far short of best practices. DOI has not made a determination whether Richman owes the City any money; however, it has determined that the 23 annual leave days and the approximately 60 days of sick leave improperly provided to Richman in both instances is valued at a total of $61,609.24. This Report and its findings have been referred to the NYC Office of the Comptroller for it to take any action it deems necessary.

DOI made recommendations to improve BOE’s annual leave and sick leave recordkeeping practices, as well as to improve the New York City Comptroller’s methods of reviewing time balances when employees separate from City service. The New York City Comptroller accepted DOI’s recommendations. The BOE indicated it would respond to DOI’s recommendation upon public issuance of this Report, a copy of which is attached to this release and can be found here: https://www.nyc.gov/site/doi/newsroom/publicreports.page

DOI Commissioner Jocelyn E. Strauber said, “Consistent application of annual and sick leave policies, and documentation concerning any exceptions to the same, are intended to ensure that all City employees, no matter their position, are treated with fairness and equity and that public funds are used appropriately. DOI’s investigation of how BOE chose to pay its former General Counsel, while that individual was under criminal investigation, found that BOE failed to document its actions and failed to comply with best practices and, in some respects, with its own policies. DOI has issued recommendations to BOE to improve its process. I thank the New York City Comptroller for its collaboration on this investigation and its swift acceptance of DOI’s recommendations to strengthen its auditing procedures when employees separate from the City. ”

DOI began investigating allegations of misconduct by Richman with respect to BOE legal interns in January 2020. As a result of that investigation, in June 2022, Richman was arrested and pleaded guilty to two counts of Official Misconduct, class A misdemeanors. As part of a plea agreement he received an unconditional discharge, and was required to report his conviction to the Appellate Division of the New York State Supreme Court within 30 days. In June 2023, Richman’s license to practice law was suspended. Richman’s appeal of this decision remains pending.

On August 25, 2020, during the criminal investigation of Richman’s conduct that resulted in the above conviction on Official Misconduct charges, Richman was placed on a “leave of absence” by the BOE, also referred to as a “suspension.” Richman remained on leave for approximately four months, until January 31, 2021, when he retired from City service. He was paid in full during that period.

DOI’s investigation included a review of Richman’s annual and sick leave usage during his fourmonth leave period. The investigation found that BOE granted Richman 23 days of annual leave that he had not earned and permitted him to use that annual leave without explanation or justification, or repayment obligation if Richman left BOE. BOE also permitted Richman to use approximately 60 days of undocumented sick leave, when there was no evidence that he was actually sick. Through the use of unearned annual leave, and sick leave, Richman received full pay during the entirety of his leave of absence. DOI also reviewed the “Time Balance for Management Employee Pay Plan” for Richman, a document created by the City Comptroller’s Office for all employees leaving City service in accordance with Personnel Order 88/5 and Mayor’s Executive Order 25 dated October 13, 1970. This information is required in order to process lump sum payments for the liquidation of leave balances upon separation from City service.

DOI’s investigation identified that the BOE granted leave time to Richman without explanation, and in a manner inconsistent with BOE’s own practices or policies: 

• The BOE added 23 days of annual leave to Richman’s balance after he was suspended due to an active investigation, inconsistent with BOE’s practices. 

• The BOE permitted Richman to utilize “sick leave” for approximately 60 days without any written documentation, in violation of its own internal policies.

DOI issued three recommendations to the BOE, which indicated it would respond when the Report was publicly issued. Specifically, DOI recommended: 

1: The BOE must enforce its written policy requiring that proper documentation be provided to the agency when an employee uses three consecutive sick leave days, is on sick leave more than five times in a six-month period, or is sick more than four times on the day immediately preceding a holiday or day off. 

2: The BOE should create a written policy stating that advanced leave may only be granted in writing, detailing: the date of such advance; the reason for the advance; the individual(s) authorizing the advance; and the process by which the advance will be repaid. 

3: The BOE should take appropriate payroll action to collect the money owed by Richman to the City once the Comptroller’s Office completes a new audit of Richman’s annual leave and sick time balances.

DOI issued two recommendations to the New York City Comptroller, which accepted each recommendation and noted that the Comptroller’s Office had no knowledge of Richman’s suspension from his position until receiving the DOI report; and that BOE did not disclose that information to the Comptroller’s Office, nor was it recorded in the City’s database where it would have been available to the Comptroller’s Office and factored into its review. Specifically, DOI recommended: 

1: The Comptroller’s Office should conduct a new audit of Richman’s annual leave and sick time balances based on the information contained in this Report.

2: As a general policy, the Comptroller’s Office should require documentation for any unusual addition of annual leave or sick days found while conducting their audit of an individual separating from City service.

Governor Hochul Signs Legislation to Continue Protections for Marine Animals and Other Wildlife Populations

Legislation S.9341/A.10072 Protects Sharks From Harmful Fishing Hooks

Legislation S.9319/A.10206, S.9318/A.10347, S.9320/A.10348 and S.9340/A.10349 Extends the Authority of the Department of Environmental Conservation to Manage Scallops, American Lobster, Striped Bass and Monkfish

Legislation S.9317/A.10073 Extends the Authority for Hunting of Deer and Bears

Legislation S.9367/A.10074 Extends the Authority To Manage Migratory Game Birds

Governor Kathy Hochul signed a legislative package that protects marine animals and wildlife populations. The legislation gives the Department of Environmental Conservation continued regulatory authorities pertaining to the cultivation of sharks, scallops, American lobster, striped bass, monkfish, migratory game birds, deer and birds.

“As we kick off the summer in New York State, I’m signing legislation to continue protecting the wildlife that makes our state so special,” Governor Hochul said. “Our animal populations are at the center of industry and culture for much of our state and serve an intrinsic purpose for all of us – we must take every measure necessary to protect them.”

Legislation S.9341/A.10072 extends the Department of Environmental Conservation’s authority to limit the taking of sharks to the use of non-stainless steel non-offset circle hooks. Legislation S.9319/A.10206, S.9318/A.10347, S.9320/A.10348, S.9340/A.10349 and S.9317/A.10073 extend the authority of the Department of Environmental Conservation to manage scallops, American lobster, striped bass, monkfish, deer and bear. Legislation S.9367/A.10074 extends the provisions of the Environmental Conservation Law that allow annual federal regulations to set the state’s migratory game bird hunting seasons and bag limits unless the state adopts regulations.

Attorney General James Announces Arrest of Tompkins County Transportation Company Owner for Stealing Over $1 Million from Medicaid

 

New York Attorney General Letitia James announced the arrest of David Moore of Tompkins County, who through his company ASAP 2, allegedly stole over $1 million from Medicaid by using fictitious billing and an illegal kickback scheme to overcharge for transportation services. For years, Moore illegally paid Medicaid recipients to use his company, and then fraudulently overcharged Medicaid for the rides he provided.

“Patients across the state depend on medical transportation providers to access the care they need,” said Attorney General James. “David Moore exploited his role to steal from New York’s Medicaid program, putting vulnerable New Yorkers at risk and undermining honest businesses that provide essential transportation services. My office will continue to put a stop to all those who try to illegally profit by abusing our health care system.”

Medicaid recipients who lack access to transportation can use approved transportation providers to travel to and from covered medical services. These providers receive reimbursements from Medicaid for the rides they provide. From January 2019 to August 2023, Moore allegedly paid Medicaid recipients to use his service, submitted claims for fictitious trips, and significantly inflated the mileage of trips that did happen to overcharge Medicaid by over $1 million. For example, Moore submitted claims for fictitious trips by allegedly billing trips with multiple passengers as if each passenger was in a separate vehicle, greatly increasing the fees for a single trip.

Moore also allegedly paid kickbacks to Medicaid patients to use his services. This allowed him to illegally recruit customers in order to fraudulently bill Medicaid for more rides, and undermined the businesses of other transportation providers in the Southern Tier. Moore made off-the-books payments to Medicaid recipients – some of whom were suffering from substance use disorder – using Cash App and Venmo to incentivize them to take rides with his service.

Moore, who was arrested on June 21, was charged with Grand Larceny in the First Degree, two counts of Health Care Fraud in the Second Degree, and three counts of Medical Assistance Provider Prohibited Practices. The Grand Larceny charge carries a maximum sentence of up to 25 years in state prison.

The charges filed in this case are accusations. The defendants are presumed innocent until proven guilty in a court of law.

This matter was investigated by the Attorney General’s Medicaid Fraud Control Unit (MFCU) Rochester Regional staff, including Detective Edward Alberto under the supervision of Detective Supervisor Stacey DiSanto and financial analysis by Auditor-Investigators Emily Brissette, Andrew Chadwick and William Brewer, under the supervision of Regional Chief Auditor Jamie Powers. 

The criminal case is being handled by MFCU Regional Director William Gargan with assistance from MFCU Chief of Criminal Investigations Thomas O’Hanlon. MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. The Division of Criminal Justice is led by Chief Deputy Attorney General José Maldonado under the oversight of First Deputy Attorney General Jennifer Levy.

Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online or call the MFCU hotline at (800) 771-7755. If the situation is an emergency, please call 911.

MFCU’s total funding for federal fiscal year (FY) 2024 is $68,997,928. Of that total, 75 percent, or $51,748,448, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $17,249,480 for FY 2024, is funded by New York State.

President of Freight Forwarding Company Indicted for Allegedly Smuggling Goods from the United States to Russia

 

A citizen of Belarus and lawful permanent resident of the United States has been indicted for allegedly smuggling goods from the United States into Russia without a license.

Kirill Gordei, 34, of Hallandale, Florida, was indicted on one count of conspiracy to commit offenses against the United States; one count of smuggling goods from the United States; and one count of export of a spectrometer, which is a commerce control item. Gordei was arrested on June 30 in Florida and made an initial appearance in the Southern District of Florida. He will appear in federal court in Boston at a later date.

“As alleged, Gordei defrauded U.S. government export regulators and smuggled advanced scientific technology to Russian customers, placing personal profit over national security,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will use every available tool to disrupt illicit supply chains used to illegally funnel sophisticated technologies to Russia and other hostile powers.”

“Freight forwarders play an outsized role in the export of items overseas and, accordingly, are expected to help uphold the law rather than subvert it,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod. “Here, Kirill Gordei — the president of a freight forwarding company — is alleged to have willfully evaded restrictions designed to degrade the Russian war machine by obfuscating the value and ultimate destination of a mass spectrometer.”

“By allegedly smuggling sensitive technology to Russia, Mr. Gordei undermined the critical framework established to protect national security,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “This case highlights the importance of enforcing export controls, especially regarding sensitive items on the Controlled Commerce List, which include technologies vital to scientific and industrial advancement. Our office will prosecute those who attempt to circumvent U.S. laws for personal or commercial gain, particularly when such actions have potential implications for global security.”

According to court documents, Gordei is the President of Apelsin Logistics (Apelsin), a freight forwarding company, located in Hallandale Beach, Florida. Apelsin also has an address in Russia and two websites, both of which are registered and hosted in Russia.

According to the indictment, on or about Aug. 11, 2023, Gordei allegedly falsely claimed that he was shipping an Orbitrap Exploris GC 240 Mass Spectrometer – an item that delivers high data quality and versatility to accelerate scientific discovery for academic and industry research and government and omics laboratories – to Uzbekistan when it was, in fact, destined for Russia.

Since Russia’s invasion of Ukraine on Feb. 24, 2022, a series of stringent export controls were implemented that restrict Russia’s access to the technologies and other items that it needs to sustain its attack on Ukraine. As of April 8, 2022, license requirements for exports, reexports and transfers to or within Russia were expanded to cover the most sensitive items subject to controls on a Controlled Commerce List. The spectrometer, valued at over $600,000, was on the Controlled Commerce List and required a license from the Bureau of Industry and Security (BIS) to export to Russia.

If convicted, Gordei faces a maximum penalty of five years in prison for the conspiracy charge; up to 20 years in prison, five years of supervised release and a $250,000 fine for the unlawful exports charge; and up to 10 years in prison, three years of supervised release and a $250,000 fine for smuggling goods from the United States. A U.S. district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Commerce Department’s BIS is investigating the case. U.S. Customs and Border Protection, the U.S. Marshals Service and Transportation Security Administration provided valuable assistance.

Assistant U.S. Attorney Laura J. Kaplan for the District of Massachusetts is prosecuting the case with assistance from Trial Attorney Christopher Magnani of the National Security Division’s Counterintelligence and Export Control Section.

This action was coordinated through the Disruptive Technology Strike Force, an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains and prevent critical technology from being acquired by authoritarian regimes and hostile nation-states. Under the leadership of the Assistant Attorney General of the National Security Division and Assistant Secretary of Commerce for Export Enforcement, the Strike Force leverages tools and authorities across the U.S. government to enhance the criminal and administrative enforcement of export control laws.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Councilwoman Kristy Marmorato - Updates & Announcements

 

Councilwoman Kristy Marmorato

Some updates before the holiday!

Get real-time updates on all the happenings in District 13! Be part of the action and keep up with our community!

Enjoy your 4th of July holiday!