Seven Defendants Sentenced to Prison for Their Participation in Transnational Telemarketing Scheme that Defrauded Victims of More Than $12 Million

 

Defendants Laundered Funds Fraudulently Obtained by Co-Conspirators Who Falsely Told Victims That Their Money Would Be Safe From Hackers if the Victims Sent Checks to Them

In federal court in Brooklyn, Yveler Marcellus, Felix Marcial, Asheem Henry, George Mims, Rahmel Thompson, Daquan Mitchell and Tatiana Williams were sentenced by United States District Judge Carol Bagley Amon in connection with their roles in a scheme to launder money fraudulently obtained from victims of a transnational telemarketing scheme, many of whom were elderly.  The proceeds of the scheme were shared between the defendants and co-conspirators located abroad.

Marcellus, who was convicted of money laundering conspiracy and mail and wire fraud conspiracy at trial in September 2025, was sentenced to 70 months’ imprisonment.  The remaining defendants pleaded guilty to mail and wire fraud conspiracy pursuant to plea agreements with the government.  Marcial was sentenced to 66 months’ imprisonment. Henry was sentenced to 55 months’ imprisonment. Mims was sentenced to 42 months’ imprisonment.  Thompson was sentenced to 42 months’ imprisonment. Mitchell was sentenced to 30 months’ imprisonment.  Williams was sentenced to a year and a days’ imprisonment.   

As part of the sentences imposed, the defendants were ordered to pay, in total, $12,488,884.33 in restitution. Additionally, the Court ordered the defendants to forfeit their ill-gotten gains as follows: Marcellus was ordered to pay $185,000; Marcial was ordered to pay $700,000; Henry was ordered to pay $240,000; Mims was ordered to pay $170,000; Thompson was ordered to pay $160,000; and Williams was ordered to forfeit a bank account valued at $229,274.02 and pay an additional $60,000.

Joseph Nocella, Jr., United States Attorney for the Eastern District of New York and Ketty Larco-Ward, Inspector in Charge, United States Postal Inspection Service, New York (USPIS), announced the sentences.

“This punishment was certainly warranted for the defendants who caused tremendous harm to the victims, many of whom were elderly or otherwise vulnerable,” stated United States Attorney Nocella.  “Through their callous scheme, the defendants profited by moving millions of dollars of victims’ hard-earned funds through their accounts and other accounts that they controlled and transferring a share of those proceeds to co-conspirators abroad who coordinated the telemarketing scheme.  Those who participate in fraudulent conspiracies and work with individuals who prey on the vulnerable will be held accountable for their crimes.”  

“These criminals selfishly preyed on vulnerable victims to enrich their lifestyles; but they underestimated the resolve of the United States Postal Inspection Service to continue to investigate this case until every complicit person was held accountable,” stated USPIS Inspector in Charge Ketty Larco-Ward.  “Postal Inspectors will work tirelessly to shut down schemes like this and any fraudster who seeks to take advantage of others. Too many seniors fall for these financial schemes, it’s crucial to protect them and their hard-earned money, and that’s what was done in this case.”

From approximately January 2022 through December 2023, the defendants and their co-conspirators participated in a scheme in which India-based co-conspirators contacted victims by phone and convinced those victims to send checks and money orders, addressed to the defendants and other U.S-based co-conspirators, to various addresses in the Eastern District of New York. The India-based co-conspirators fraudulently induced the victims, many of whom were elderly, to send checks to the defendants under false pretenses, including that the victims’ money was at risk of being stolen from their bank accounts.  After receiving the victims’ checks, the defendants and their U.S.-based co-conspirators laundered the check proceeds through their own bank accounts and other bank accounts that they controlled, shared the proceeds amongst themselves, and sent the remainder of the laundered proceeds to the Indian-based co-conspirators.  The scheme is estimated to have netted over $12 million from victims across the United States.

MAYOR MAMDANI & GOVERNOR HOCHUL TO LAUNCH FREE CHILD CARE FOR TWO-YEAR-OLDS IN NYC — GOVERNOR ANNOUNCES INVESTMENTS TO DELIVER UNIVERSAL CHILD CARE FOR NEW YORK CHILDREN UNDER FIVE

 

Governor Will Partner with Mayor Mamdani to Deliver Full Promise of City’s 3K Program 

  

Affordable Childcare for Nearly 100,000 Additional Children Through Statewide Universal Pre-K, Launch of 2-Care, New Community Care Programs, and Expanded Access to Targeted Child Care Subsidies 

  

All Four-Year-Old Children in New York State to Have Pre-K Access by the 2028-29 School Year 

Governor Hochul today announced an unprecedented investment as the next step to deliver affordable, universal childcare for children under five years of age across New York State. The Governor will partner with Mayor Zohran Mamdani to deliver free child care for two-year-olds in New York City, in addition to strengthening the existing 3K program to achieve universal care and ultimately, serve all families across the city.   

  

In 2026, the state will continue to expand access to high-quality child care programs throughout the state, through a diversity of models, saving New York families billions of dollars each year. Since taking office, Governor Hochul has already taken major steps to expand access to affordable child care for families through an $8 billion dollar investment in the state’s child care infrastructure, dramatically expanding access, as part of laying the groundwork for the implementation of universal child care statewide. 

  

“There’s one thing that every family in New York can agree on, the cost of childcare is simply too high,” Governor Hochul said. “As New York’s first mom Governor, fighting for New York’s families has always been at the core of my agenda. Since taking office, I’ve put families front and center, fighting to make our state more affordable and laying the groundwork to deliver universal childcare. Today, I’m proud to partner with Mayor Mamdani and leaders across our state to make this a reality, turning that foundation into a concrete roadmap that will transform the lives of working parents and kids across our state.”  

  

“Over the past 14 months, a movement was born to fight for a city where every New Yorker could afford a life of dignity and every family could afford to raise their kids. Today, Governor Hochul and I meet that movement as we celebrate our joint commitment to universal child care,” Mayor Zohran Mamdani said. “This victory represents much more than a triumph of city and state government working in partnership—it is proof that when New Yorkers come together, we can transform the way government serves working families.” 

  

Governor Hochul’s State of the State investments will commit to delivering affordable childcare for nearly 100,000 more kids. 

  

•   Make Pre-K truly universal statewide,  

•   Partner with New York City to launch the new Mayor’s signature 2-Care program and finally realize the promise of universal 3K access in New York City, 

•   Support other counties in building out new child care pilots that offer high-quality affordable care to families regardless of income, and  

•   Expand child care subsidies to tens of thousands of additional families. 

 

Alongside these commitments, the Governor will launch an Office of Child Care and Early Education to steer the implementation of high-quality, universal child care for New York families.  

  

Today’s announcement builds on steps that Governor Hochul has taken to expand access to affordable child care for families, laying the groundwork for the implementation of universal child care statewide. Specifically, the State has already: 

  

•   More than doubled the number of children served by child care vouchers in just four years, with an almost 25% increase in the past 12 months alone. 

•   Provided more than $8.6 billion for child care, including more than doubling funding for subsidies. 

•   Dramatically expanded the number of families who are eligible by increasing the maximum income from 200 percent of Federal poverty level (roughly $64,000 for a family of four) to the maximum allowed under Federal law – 85 percent of Statewide median income (roughly $114,000 for a family of four). 

•   Made child care more affordable by reducing the amount those receiving subsidy pay by capping costs at $15 per week for most families. 

•   Increased reimbursement rates for providers by nearly 50%, helping providers retain staff and provide quality care for children across the state.  

•   Supported the future creation of thousands of child care seats and new centers through more than $150M in capital funding. 

 

Achieving Truly Universal Pre-K 

While four year olds in some parts of New York have long had access to pre-k, there are dozens of school districts that have not yet been able to make it available. Governor Hochul is providing additional support to ensure truly universal Pre-K for all four-year-olds in the State by the start of the 2028-2029 school year.  

  

The State will not only fund additional seats to achieve universality but will also increase funding for existing seats, bringing them up to the greater of $10,000 or the applicable school district’s current selected foundation aid per pupil, so that districts have what they need to provide high-quality Pre-K. This combination reflects a commitment of roughly a half-billion dollars and will ensure that every child in New York State enters kindergarten ready to learn.  

  

Launching 2-Care and Reaching Universal 3k Access in NYC 

New York City has already launched universal Pre-K and 3K, and Governor Hochul will partner with Mayor Zohran Mamdani to age this program down and launch an unprecedented initiative to offer entirely free child care for two-year-olds within New York City. The Governor is committing to fully fund the first two years of the city’s implementation. As envisioned by the incoming mayoral administration, the first year of the program will focus on high-need areas selected by New York City and expand to serve all interested families across the city by year 4. In addition, the Governor will partner with the Mayor to strengthen and fix the city’s 3K program and ensure it achieves its promise of universal access. 

  

Continuing Access to Low-Cost, Affordable Child Care Assistance Programs  

Under Governor Hochul’s leadership, New York has more than doubled investment in the state’s Child Care Assistance Program (CCAP), which provides subsidies to help low-income families access child care. By dramatically increasing the State’s investments in the program while expanding eligibility, the program now supports 2.5 times more children – an additional 100,000 – than when Governor Hochul took office; the number of children served has increased by almost 25% in the past year alone. Most of the families of the 170,000 children served by the program pay no more than $15 a week for child care.  

  

This year, Governor Hochul will continue to grow the State’s investment in child care subsidies for those that need it most with a $1.2 billion increased investment, bringing the total available for subsidies to over $3 billion. This is more than 3.5 times more than the $832 million provided prior to the Governor taking office, and a nearly 40 percent increase from what was made available in the FY 2026 Enacted Budget. 

  

Piloting Innovative Community Care Models Across New York Counties 

In 2026, Governor Hochul will launch innovative new pilot projects for children in counties outside of New York City that are also ready to launch child care in more expansive ways in their communities. The Governor will launch a new New York State pilot, designed to support counties in working towards universal access to affordable, year-round, full-day care for thousands of families across these communities, regardless of income. Programs will be a joint collaboration between participating counties, local child care coordinating entities, and New York State. 

  

Office of Child Care and Early Education 

A new Office of Child Care and Early Education will drive the implementation of high-quality, universal child care in New York State. The Office will oversee and support roll out of universal Pre-K, continued investment in 3-K, launch of 2-Care and other innovative care options, expansion and improvement of vouchers, and ongoing support for the workforce. 

  

Supporting the Workforce Through Early Childhood Educator Preparation 

Governor Hochul’s plan to strengthen New York’s early childhood education workforce include expanding existing workforce scholarships, seeking opportunities for new Workforce Pell grants, and directing SUNY and CUNY to take a number of steps to expand and streamline early childhood education programs. 

  

Expanding the Child and Dependent Care Credit to Better Support Families  

Governor Hochul will expand and simplify the child and dependent care tax credit to provide an additional average benefit of $575 for 230,000 tax filers. She will also undertake a thorough review of existing tax incentives for employers with the goal of helping them better serve the child care needs of their employees. 

Justice Department Announces Largest Distribution of Over $2.8 Billion to Compensate Victims of State-Sponsored Terrorism

 

The Justice Department announced that the United States Victims of State Sponsored Terrorism Fund (the Fund) will provide its largest-ever distribution of compensation to victims in 2026. The Fund’s Special Master, Mary Patrice Brown, authorized distribution of $2.825 billion, which will provide compensation to nearly 22,000 victims of state‑sponsored terrorism.

“The distribution announced today brings the total compensation provided by the United States Victims of State Sponsored Terrorism Fund to over $10 billion,” said Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division. “The Criminal Division is honored to serve this victim community by administering the Fund. No amount of money can ever make the victims of these terrible acts whole, but this distribution aims to provide some measure of justice.”

“The department’s dedicated Fund team and I applaud the courage and perseverance of victims of state‑sponsored terrorism and their families,” said Special Master Brown. “This will be the largest distribution in the Fund’s history, as we continue to ensure that all available funds reach victims and their families.”

The Fund, established by Congress, and under the leadership of the department, serves thousands of victims of heinous acts of international state‑sponsored terrorism. The Fund previously authorized more than $7 billion for thousands of victims of state-sponsored terrorism and their families in five rounds of general distributions and two rounds of lump-sum catch-up payments. The Special Master’s authorization this year brings the amounts authorized for distribution to over $10 billion. Apart from an initial appropriation of approximately $1 billion from Congress and additional congressional appropriations for lump-sum catch-up payments, funds available for distributions result from certain Justice Department prosecutions and cases and other U.S. government enforcement actions. The amounts available for this distribution came from qualifying federal enforcement actions and the termination of the Beirut barracks and Khobar Towers reserve fund.

Since last year’s fifth distribution, more than 1,300 new claimants qualified to join the Fund, bringing the total number of eligible claimants to nearly 22,000. Claims are anticipated to grow in the coming years as more victims of state‑sponsored terrorism apply to the Fund. Although the amount of funds available is not sufficient to compensate the victims’ claims in full, this compensation provides some measure of justice for victims of state-sponsored terrorism.

More information about the Fund’s compensation to victims of state‑sponsored terrorism is available on the Fund website at www.usvsst.com, including application materials, frequently asked questions and publications.

Bronx Man Sentenced To 10 Years In Prison In Connection With The Shooting Of An Innocent Bystander

 

United States Attorney for the Southern District of New York, Jay Clayton, announced that KEANO SAHUSILAWANI, a/k/a/ “Chino,” a/k/a “Bhino,” a/k/a “Bhino Shots,” was sentenced today to 10 years in prison for illegally possessing ammunition in connection with a June 12, 2024, shooting during which SAHUSILAWANI and an accomplice fired multiple shots on a residential street in the Bronx, New York, striking and injuring an innocent bystander.  SAHUSILAWANI previously pled guilty before U.S. District Judge Lewis J. Liman, who imposed yesterday’s sentence.  

“On June 12, 2024, Keano Sahusilawani and his accomplices fired several shots in an attempt to kill an intended target who was riding a bicycle down the street,” said U.S. Attorney Jay Clayton.  “Instead, they struck an innocent bystander and caused others to run in fear for their lives.  New Yorkers want gun-toting criminals off our streets, and the women and men of our Office are committed to delivering that.” 

According to the allegations in the Complaint, court filings, and statements made in court proceedings:

On the evening of June 12, 2024, three individuals emerged from an SUV parked along Morris Avenue in the Bronx, just north of 151st Street.  The three individuals—SAHUSILAWANI, who was unmasked and wearing a gray sweater; a second individual, who was masked up and wearing all black clothes (“Shooter-2”); and a third individual, who wore a black hoodie and light-colored pants (“CC-1”)—walked towards 151st Street.  A few minutes later, the three individuals turned north onto Courtlandt, with SAHUSILAWANI and CC-1 walking up one sidewalk of Courtlandt and Shooter-2 walking up the opposite sidewalk.

Coming from the opposite direction was someone riding a bicycle in the middle of Courtlandt Avenue (the “Intended Target”).  As the Intended Target got closer, SAHUSILAWANI pulled out a gun and quickly fired off multiple shots aimed at the Intended Target.  As SAHUSILAWANI finished shooting, Shooter-2 fired off one or more shots.  The Intended Target stumbled off his bike and was able to sprint away seemingly uninjured.  However, an innocent bystander was grazed by a bullet that broke the skin on the back of his right leg.  SAHUSILAWANI was not permitted to possess ammunition because of prior felony convictions for multiple gunpoint robberies, a knifepoint robbery, and criminal possession of a firearm.  At the time of the shooting, SAHUSILAWANI was also on parole for his state convictions.

In addition to the prison term, SAHUSILAWANI, 25, of the Bronx, New York, was sentenced to three years of supervised release.      

Mr. Clayton praised the outstanding investigative work of the New York City Police Department, and thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives for their assistance with the investigation.

The prosecution of this case is being handled by the Office’s Violent Organizations and Crime Unit. 

Attorney General James Demands Answers from Instacart about Algorithmic Pricing

 

Recent Study Revealed Instacart’s Price Experiments Led to Shoppers Being Charged Significantly Different Prices for the Same Products

Instacart Must Disclose Algorithmic Pricing Under New York Law

New York Attorney General Letitia James today sent a letter to online grocery shopping platform Instacart demanding more information about its use of algorithmic pricing and price-setting experiments after a recent report revealed Instacart users were being charged significantly different prices for the same products. In December, Groundwork Collaborative and Consumer Reports released a detailed study showing Instacart was varying prices for the same product, with some shoppers seeing prices that were up to 23 percent higher for the exact same products in the same store at the same time. New York’s recent Algorithmic Pricing Disclosure Act requires companies to clearly and conspicuously state when they are using consumers’ personal data to affect prices. Attorney General James warns Instacart that it may be violating the law, and requests detailed information on the pricing experiments highlighted in the recent report and Instacart’s efforts to comply with the Algorithmic Pricing Disclosure Act.

“Charging different prices for the exact same products leaves shoppers feeling cheated and threatens to raise costs at a time when consumers are already paying too much at the grocery store,” said Attorney General James. “New Yorkers deserve fair prices and clear disclosures about how companies are using their personal information. Instacart’s pricing experiments raise serious concerns about its use of algorithmic pricing, and I will not hesitate to take action to enforce our laws and protect consumers.”

The study by Groundwork Collaborative and Consumer Reports assigned 437 shoppers across four cities to add items to their Instacart shopping carts and measure the prices displayed. Nearly three-quarters of the grocery items in the experiment were offered to shoppers at multiple prices on Instacart, with a 13 percent average difference between the highest and lowest prices for a single good. The experiment revealed that these price differences could translate to $1,200 per year in additional costs for a typical family of four. Following the study’s publication, Instacart announced that it was ending all “item price tests” but suggested that its partners, including grocery stores and food brands, could continue to test different types of promotions and discounts for its customers on the platform.

New York’s Algorithmic Pricing Disclosure Act took effect on November 10, 2025, and requires most companies that use algorithmic pricing, also known as surveillance pricing, to disclose that they use customers’ personal data to set individualized prices. Businesses must include a clear disclosure prominently displayed near prices stating, “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.” In the letter, Attorney General James warns Instacart that its disclosures – which are buried on a page only accessible by clicking on fine print text and are not clearly displayed near product prices – may not be complying with the law.

Attorney General James is demanding detailed information from Instacart about its price-setting tactics, including:

• Its agreements with its retail and food brand partners concerning price setting, discounts, and automated tools to run price experiments on shoppers.
• The automated tools used by Instacart and its partners to adjust prices and discounts, including how consumer data may be used for these price changes.
• Instacart’s price experiments, including the ones revealed by the Groundwork Collaborative and Consumer Reports study.
• Instacart and its partners’ use of algorithmic pricing and their efforts to comply with New York’s disclosure requirements.

Attorney General James has consistently taken action to protect consumers from being taken advantage of at the grocery store. In November 2025, Attorney General James released a consumer alert warning New Yorkers about algorithmic pricing and encouraging businesses to follow the law to disclose their use of algorithmic pricing. Attorney General James has also taken action to stop price gouging of essential goods, including eggs, baby formula, and disinfectants used to stop the spread of COVID-19.

NYS Office of the Comptroller DiNapoli Releases Bond Calendar for First Quarter

Tentative Schedule Includes $5.34 Billion of New Money and Refunding Debt Sales New York State Comptroller Thomas P. DiNapoli today announced a tentative schedule of planned bond sales for New York state, New York City and their major public authorities during the first quarter of 2026. The planned sales of $5.34 billion include $3.89 billion of new money and $1.45 billion of refundings as follows: $4.48 billion scheduled for January, $3.28 billion of which is for new money purposes and $1.20 billion of which is for refunding purposes; $615 million scheduled for February, all of which is for new money purposes; and $250 million scheduled for March, all of which is for refunding purposes. These anticipated sales in this first quarter compare to past planned sales of $5.32 billion during the fourth quarter of 2025, and $3.78 billion during first quarter of 2025. The prospective first quarter calendar includes anticipated bond sales by the following issuers: the Dormitory Authority of the State of New York, the Long Island Power Authority, the New York City Transitional Finance Authority, the New York City Housing Development Corporation, the New York City Municipal Water Finance Authority, the New York State Thruway Authority, and the Triborough Bridge and Tunnel Authority. The State Comptroller’s Office chairs the Securities Coordinating Committee, which was created by Gubernatorial Executive Order primarily to coordinate the borrowing activities of the state, New York City, and their respective public authorities. All borrowings are scheduled at the request of the issuer and done pursuant to their borrowing programs. A new schedule is released every quarter and updated as necessary. The schedule is released by the committee to assist participants in the municipal bond market. It is contingent upon execution of all project approvals required by law. The collection and release of this information by the Office of the State Comptroller is not intended as an endorsement of the proposed issuances it contains. Calendar: https://www.osc.ny.gov/files/debt/pdf/debt-scc-calendar.pdf?utm_term=20260801 Securities Coordinating Committee (SCC) Forward Issuance Bond Calendar

Permits Filed for 415 East 152nd Street in Melrose, The Bronx

 

Permits have been filed for a five-story residential building at 415 East 152nd Street in Melrose, The Bronx. Located between Melrose Avenue and Elton Avenue, the lot is closest to the Jackson Avenue subway station, served by the 2 and 5 trains. Erenik Nezaj is listed as the owner behind the applications.

The proposed 59-foot-tall development will yield 15,768 square feet designated for residential space. The building will have 28 residences, most likely rentals based on the average unit scope of 563 square feet. The concrete-based structure will also have a cellar and a 32-foot-long rear yard.

Jakov Saric of Node Architecture, Engineering, Consulting is listed as the architect of record.

Demolition permits will likely not be needed as the lot is vacant. An estimated completion date has not been announced.

New York Department of State Issues Warning to Consumers after Investigations of Med Spa Service Providers

 

Over 200 Inspections Conducted Statewide Resulting in Suspensions, Revocations, and Fines

Improper Services Have Caused Serious Injuries – Case Examples Included Below 

A business that is promoting itself as a ‘med spa’ or offering ‘med spa’ services MUST be licensed as a medical facility and licensed professionals must be performing the services 

Secretary Mosley said, “Consumers need to be aware of the dangers when medical procedures, including cosmetic medical procedures, are being performed by individuals without an appropriate license. Unlicensed or unqualified staff, dirty needles, expired or counterfeit Botox and fillers, and unsanitary conditions can lead to serious injury or even death.” 

The New York Department of State warns consumers to be cautious about seeking Med Spa services from unlicensed entities after statewide investigations into businesses providing unauthorized med spa services. Phase one of the probe began in New York City. The Department of State’s Division of Licensing led the investigation, partnering with the New York State Department of Health, New York State Education Department and the New York City Office of Oversight and Investigations, inspecting appearance enhancement businesses offering medical procedures, including the injection of Botox, fillers and intravenous infusions.   

During the inspections, investigators observed expired and suspected counterfeit products, as well as the presence of controlled substances, including Fentanyl, Xylocaine, and Propofol. Investigators discovered sharps containers with used needles, new unopened needles, and medical devices for procedures like laser liposuction, buttock augmentation, centrifugation, non-ablative skin lasers, cryotherapy, and laser tattoo removal. Investigators also identified numerous individuals without the appropriate license providing these medical services. 

In total, 223 businesses have been inspected throughout New York State. Of the businesses inspected, 87 were cited for possible violations concerning, among other issues, the unlawful practice of medicine. The majority of inspections are still pending hearing and awaiting resolution, but outcomes following several inspections have ranged from monetary fines to license suspensions or license revocations. The Department of State’s Division of Licensing Services is continuing to inspect these types of businesses as part of their annual inspection program.

Based on the results of the Department’s inspections, and reports of injuries to Med Spa customers receiving injections of counterfeit drugs by unlicensed individuals, such as allergic reactions, burns, double vision and harmful poisoning, the Department’s Divisions of Licensing and Consumer Protection are providing consumers guidance to ensure they are receiving safe care from a licensed professional.

Examples of Cases Causing Bodily Injury Due to Unlawful Practice: (Note: These examples are not part of the current investigation but serve as examples of injuries) 

1. In the matter of the complaint of Department of State, Division of Licensing Services against Fei Min, a criminal complaint was filed alleging the appearance enhancement license under the name ‘Princess Beauty, LLC’, and Cosmetology license under the name Fei Min in Flushing, Queens, “injected unknown substances into her face, neck, and breasts” and told her that the injections were “Botox, stem cell, collagen treatments, and other injectable or microneedle treatments”. The complainant received “128–140” neck injections of unknown substances, resulting in “redness, bleeding, swelling and substantial pain”. Min later performed additional injections on the complainant in an attempt to address the reactions. The injection sites then blistered and became inflamed and “reddish,” and the complainant experienced pain, itching, trouble sleeping, and a slight fever. Marks from the blisters and some scars still remain on the complainant. This case resulted in the revocation of Min’s Cosmetology license. Images Available Here (WARNING: Graphic)
2. In the matter of the complaint of Department of State, Division of Licensing Services against Patricia Rivas, the Department alleged that that Rivas, a licensed esthetician, was operating an unlicensed salon in Warwick, NY and providing, among other things, cosmetic injections, cryotherapy, and laser services ultimately resulting in a MRSA infection, sepsis, and hospitalization to a consumer. Following investigation, the Secretary of State issued an emergency suspension order and negotiated the revocation of Rivas’s license.

Images Available Here (WARNING: Graphic)

Secretary of State, Walter T. Mosley said, “Consumers need to be aware of the dangers when medical procedures, including cosmetic medical procedures, are being performed by individuals without an appropriate license, such as a physician or a nurse. Unlicensed or unqualified staff, dirty needles, expired or counterfeit drugs such as Botox or fillers, and unsanitary conditions can lead to serious injury or even death. I urge consumers to pay close attention to our tips so they can get the services they want and not pay the ultimate price with a botched treatment.”

State Health Commissioner Dr. James McDonald said, “The Department of Health reminds New Yorkers of the importance of ensuring their provider has the proper qualifications and training, especially as cosmetic med spa procedures become more popular. Licensed health care professionals undergo rigorous training to understand the complexities of human physiology, and are the only individuals qualified to perform these services. The Department of Health will continue to investigate and hold individuals and practices accountable who offer unauthorized services that put people’s lives at risk.”

State Education Commissioner Betty A. Rosa said, “New Yorkers deserve to know that the medical services they receive are safe, legitimate, and provided by properly trained professionals. When unqualified individuals operate outside the law, the risks to consumers are real and serious. NYSED is committed to protecting the public by upholding licensure standards and working closely with our partner agencies to ensure accountability, transparency, and safety. Through strong collaboration and public awareness, we can help ensure New Yorkers are informed and protected.” 

MED SPA FAST FACTS:

What types of services do places referred to as Med Spas offer?

Med spa service providers generally offer a range of services including both non-medical procedures, that can be performed by individuals with a non-medical license, as well as services that are medical procedures that can only be performed by individuals holding a professional license.

CONSUMER TIP: Even a “non-invasive” procedure may be a medical procedure requiring a professional license. Before receiving any treatment, view the Department of State’s web site to learn the professional license required, and ask your provider if they hold that license.

The types of licenses required for different procedures may be viewed on the Department of State’s website. 

How do I know if a service is a medical service?

Medical services tend to be more invasive and riskier than traditional spa offerings, although there are several well-known cosmetic procedures that require a medical license to perform. Some common medical procedures include, but are not limited to:

• Injections of any drugs (including Botox) or any fillers (including as Restylane) whether by needle or pressure pen.
• Cool Sculpting
• Liposuction (lipoplasty)
• Cryotherapy
• Microneedling
• Ear Candling
• Laser procedures (except for laser hair removal)
• Peels (dermal)
• Pen Treatments
• Plasma Treatments
• Radiofrequency Procedures (e.g., Facials and Body Treatments)
• Skin Tag Removal
• Ultrasound
• Glucagon-like Peptide-1 (GLP-1, compound or name brand weight loss drugs such as Ozempic)
• Intravenous (IV) Therapy
• Hormone Replacement Therapy (HRT)
• Vitamin Infusions

Any business offering these procedures or promoting “med spa” services must be licensed as a medical facility or a medical practice. These medical facilities employ licensed physicians or nurse practitioners to serve as medical directors, who ensure that patients receive safe and effective medical care from qualified staff. Physician practices are owned and operated by licensed physicians responsible for providing safe and effective care to patients.

• CONSUMER TIPS: Providers offering these services through a professional entity, such as a professional corporation (PC) or a professional limited liability company (PLLC), must receive a Certificate of Authorization from the New York State Education Department. Before receiving any treatments, you may wish to verify an entity’s professional licensure on the NYS Education Department’s website.

• Even if the provider is organized as a “PC” or “PLLC” they cannot have the word “spa” in their name. If your medical provider has “spa” in their name, that could be a red flag for other violations.

Which New York state agency licenses med spas?

There is no individual NYS agency that licenses providers of med spa services. Depending on the type of services provided, providers may be regulated by the Department of State, the State Education Department and/or the Department of Health.  It is highly recommended that consumers check with the appropriate agency to ensure that such providers are appropriately licensed prior to services being performed. 

KEY STEPS TO ENSURE CARE by Licensed Medical Professionals:

• How to Identify Licensed Medical Professionals: Medical facilities that offer med spa services usually have a medical director who is a licensed physician or nurse practitioner in good standing. The name of the medical director and their credentials should be easily found on business’s website. Physician practices are owned, operated and staffed by licensed physicians or nurse practitioners. Licensed physician assistants and registered nurses often work for physician practices. It is a red flag if this information is not available. Look for any memberships to reputable professional organizations or associations. Check the New York State Department of Health Office of Professional Medical Conduct website to see if the physician has had disciplinary action taken against them. Additionally, you can verify whether someone is a licensed health care professional, such as a physician or nurse, on the New York State Education Department’s website. 

• See what other consumers have to say: Look online for reviews and pay attention to consumer complaints.

• Get a medical consultation before any procedures: All providers of med spa services must provide consultations and give you the opportunity to ask questions about the procedures you’d like to have done. These are medical procedures, and you must be seen by a medical professional prior to receiving any services. Important questions to ask include:

1. Who will perform the procedure and what that entails;
2. How much experience the practitioner has with the procedure;
3. Whether the practitioner has had any adverse outcomes or complications and how these were managed;
4. While Med Spas may provide a wide variety of services, it is best to work with a practitioner who has significant experience performing the specific procedure you would like done.

• Know how to file complaints: Consumers need to file complaints with the appropriate authority.
• Complaints against any physician or physician assistant: File a complaint with the Department of Health's (DOH) Office of Professional Medical Conduct (OPMC) regarding any physician or physician assistant at 1-800-663-6114
• Complaints against unlicensed med spa service providers:  File a complaint with the New York State Education Department Office of the Professions
• Complaints against estheticians or cosmetologists performing med spa procedures: File a complaint online with the New York Department of State Division of Licensing Services  or  by calling (518) 474-4429.
• Unlawful practice of medical procedures/Harm: In cases where an unlicensed practitioner has performed a procedure in violation of the law that has caused harm, consider contacting local law enforcement. 

About the New York State Division of Licensing Services

The New York Department of State's Division of Licensing Services (DLS) oversees the licensure, registration, and regulation of over 35 occupations throughout the state. DLS develops and administers examinations, approves curriculum and instructors, processes license applications, investigates consumer complaints and conducts state initiated inspections. The Division is also responsible for the authentication of public documents for use in other countries. 

About the New York State Division of Consumer Protection

The New York State Division of Consumer Protection provides voluntary mediation between a consumer and a business when a consumer has been unsuccessful at reaching a resolution on their own. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumerprotection. The Division can also be reached via X at @NYSConsumer or Facebook.