Senator Alessandra Biaggi's Week in Review: 2/15/21 - 2/19/21

 

Dear Community,

Throughout the COVID-19 pandemic, Governor Andrew M. Cuomo has accumulated an outsized level of power that is no longer appropriate or necessary. In early March 2020, the Legislature voted to expand the Governor's powers under an emergency declaration right before a state of emergency was first declared. The COVID-19 health and economic crises have necessitated certain expedited directives by the Executive, but these powers have been overused and now threaten our co-equal branches of government  

In the first 6 months of the Governor’s expanded powers, he issued 65 executive orders and suspended more than 250 laws. The number and nature of these directives demonstrate an overreach of power, and the lack of oversight of the Governor threatens the health of our representative democracy. There are three branches of government for a reason. The duty of law-making should belong to the Legislative branch as it continues to serve as the strongest connection to New Yorkers and our local communities. Yet many of the Governor’s directives have disregarded the legislative process all together and undermined the power of the Legislature – and the voices of the people. 

The Governor’s handling of nursing homes throughout the pandemic illustrates his dangerous overreach. In March 2020, the Executive issued guidance requiring nursing homes to re-admit COVID-19 positive patients. The Governor’s office further failed to provide nursing homes with the support they needed in the early days of the pandemic. According to a report issued by the Attorney General, this guidance may have put nursing home residents in harm's way. During the summer, the Legislature demanded that the Health Commissioner provide us with full and accurate data on COVID-19 deaths in nursing homes. But only after Attorney General Letitia James’ investigation reported that the Department of Health had undercounted as much as 50% of nursing home deaths, did the Governor’s office provide those details to the Legislature and the public. 

The Administration's decision to withhold the accurate number of people who died of COVID-19 in nursing homes demonstrates their lack of transparency and unwillingness to hold themselves accountable. If this is how the Governor chooses to use his expanded powers, it is no longer in the public’s best interest to allow his emergency powers to remain unchecked. 

This week I introduced legislation (S4888) to revoke Governor Cuomo’s expanded emergency powers. With the growing support to roll back the Governor’s expanded emergency powers, I am hopeful we will restore the Legislature's role in our democracy and deliver New Yorkers the relief they so desperately need.

With Gratitude,

State Senator Alessandra Biaggi

NYC PUBLIC ADVOCATE WILLIAMS LEADS RENEWED CALL FOR DOJ CIVIL RIGHTS INVESTIGATION OF STATE, CITY COVID-19 RESPONSE

 

 Public Advocate Jumaane D. Williams and Brooklyn Borough President Eric L. Adams called on the United States Department of Justice today to open a civil rights investigation into the city and state's handling of  the COVID-19 pandemic which has led to deep racial disparities - first in rates of infection and death, and now in access to vaccination. The two elected leaders first made this call with a group of local officials from across the country in 2020, but it was largely ignored by the Department of Justice under Donald Trump. This new ask renews the original request, now calling for the Biden administration to take action.

This week, it was revealed that the FBI and US Attorney's Office in Brooklyn are currently probing the Cuomo administration's policies and practices concerning nursing homes during the first months of the pandemic. The Public Advocate and Borough President's request is for an additional investigation, or an expansion in its scope, to probe actions by city and state leaders that may constitute civil rights violations, including "the failed decisions and systemic inequities that led to the disparate impact of COVID-19 on communities of color." He further discussed the renewed request in a Wednesday press conference with Council Members Adrienne Adams and I. Daneek Miller, co-Chairs of the Black, Latino, and Asian Caucus in the City Council. Video is available here.

"We are asking the Department of Justice, under new leadership and with new mandate, to investigate the systemic failures and misguided decisions that have led to disparate harm in communities of more color throughout the city and state," said Public Advocate Williams. "We make this new call with the same moral obligation and with renewed moral outrage at the arrogance that leaders like Governor Cuomo and Mayor de Blasio  continue to show in making dangerous, misguided decisions and refusing to face the consequences."

Across the country, communities of more color are seeing a disproportionate and deadly impact of the coronavirus outbreak, a result of policy decisions and longstanding systemic inequities. Nationwide, Black and Hispanic individuals are roughly 3x as likely to be hospitalized for COVID-19 than white persons, and twice as likely to be killed.

Now, the rollout of vaccinations in New York has seen similarly egregious and inexcusable levels of disparity, with preliminary data showing Black and Brown New Yorkers vaccinated at a rate roughly half their population share. Newly released data by zip code shows that in New York City, wealthier and whiter communities have a much greater percentage of adults vaccinated than communities of more color.

Wednesday, new data revealed that life expectancy in the United States in the first half of 2020 dropped by a year overall, but by 2.7 years for Black Americans, driven by these inequities in COVID-19 impact.

In a letter, Public Advocate Williams and Borough President Adams implored the Department of Justice to investigate these issues, find any wrongdoing, and "show our constituents and the American public that awareness of inequities is not enough. We must act and bring those accountable for these inequities to justice."

The original submission to the Department of Justice further detailing the request can be found here.

OCASIO-CORTEZ CALLS FOR FULL INVESTIGATION OF CUOMO ADMINISTRATION’S HANDLING OF NURSING HOMES DURING COVID-19

 

Today, Congresswoman Alexandria Ocasio-Cortez issued the following statement in solidarity with elected officials asking for a full investigation of the State’s handling of the nursing homes during the pandemic.

“I support our state's return to co-equal governance and stand with our local officials calling for a full investigation of the Cuomo administration's handling of nursing homes during COVID-19. Thousands of vulnerable New Yorkers lost their lives in nursing homes throughout the pandemic. Their loved ones and the public deserve answers and transparency from their elected leadership, and the Secretary to the Governor's remarks warrant a full investigation.”

 

Serial Con Artist Charged With Embezzlement Scheme

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, Kathy A. Michalko, Special Agent in Charge of the New York Field Office of the United States Secret Service (“USSS”), and New York Police Department (“NYPD”) Commissioner Dermot Shea, announced the arrest today of TRACII SHOW-HUTSONA on wire fraud and identity theft charges.  Specifically, SHOW-HUTSONA is charged with embezzling more than one million dollars as part of a confidence scheme.  SHOW-HUTSONA used her position as a personal assistant to funnel money from her victim’s financial accounts, including the victim’s children’s college savings accounts, into her own spending account in order to fund a lavish lifestyle.   SHOW HUTSONA was arrested on February 17, 2021, and was presented in federal court in the District of Arizona before United States Magistrate Judge Michelle H. Burns.

U.S. Attorney Audrey Strauss stated:  “Traccii Show-Hutsona, a personal assistant and founding partner of Elite Lux Life, branded her concierge service as the ‘VIP Concierge Company (SPECIALIZING IN THE GOOD LIFE) Jets-Yachts-Vacation Rentals-Exotic Vehicles.’ As alleged, Show-Hutsona afforded herself the same swanky accommodations she promised her clientele – only she did so with their money.  Thanks to our partners at the NYPD and U.S. Secret Service, Tracii Show-Hutsona’s alleged high-flying confidence scheme has now been grounded, and she faces embezzlement charges in federal court.”

USSS Special Agent-in-Charge Kathy A. Michalko stated:  “The U.S. Secret Service remains focused on bringing those who commit financial crimes to justice.  The accused was employed by the victim and allegedly used her position to embezzle over one million dollars for her own personal gain.  Due to the tireless investigative efforts of the Secret Service and the New York City Police Department, the accused will answer the charges against her in the Southern District of New YorNYPD Commissioner Dermot Shea stated:  “As alleged in this federal complaint, Tracii Show-Hutsona turned her clients into victims, betraying their trust to carry out her own embezzlement scheme. I applaud the work done in this case by our NYPD investigators and our partners in the United States Secret Service and the United States Attorney’s Office in the Southern District of New York to make sure this individual would be brought to justice.”

According to the allegations in the Complaint unsealed today[1]:

TRACII SHOW HUTSONA, a/k/a “Tracii Show,” a/k/a “Tracii Show Vician,” was the “founding partner” of Elite Lux Life, a full-service concierge firm that “accommodates the most discerning traveler” and is the “go-to service for wanting to enjoy the very best life has to offer.” In its social media posts, Elite Lux Life markets itself as a “VIP Concierge Company (SPECIALIZING IN THE GOOD LIFE) Jets-Yachts-Vacation Rentals-Exotic Vehicles.”

From in or around 2015 until late 2019, SHOW HUTSONA engaged in a long-running confidence scheme to embezzle money.  SHOW HUTSONA used the confidence she gained from her position as a personal assistant to gain access to financial accounts.  In connection with one victim of the scheme (“Victim-1”), SHOW HUTSONA stole and spent over $1 million of Victim-1’s money in order to finance her own luxury lifestyle.  When Victim-1 confronted her about the scheme, SHOW HUTSONA promised to make amends.  In fact and in reality, SHOW HUTSONA continued to spend Victim-1’s money without permission or authorization, including transferring money from the college savings accounts of Victim-1’s children.  

SHOW HUTSONA was previously convicted in federal court in 2008 for committing fraud and aggravated identity theft in connection with the submission of fraudulent invoices for a staffing agency in Japan, in another fraud scheme.  See United States v. Show Vician, 08 Cr. 0058 (C.D. Cal. Oct. 16, 2008).

SHOW HUTSONA, 52, of Phoenix, Arizona, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison, and one count of aggravated identity theft, which carries a mandatory consecutive sentence of two years in prison.  The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

Ms. Strauss praised USSS and the NYPD for their outstanding work on this case and noted that the investigation is ongoing.  

This matter is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorneys Timothy V. Capozzi and Michael C. McGinnis are in charge of the prosecution.

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

Attorney General James Co-Leads Coalition Calling for Cancellation of Federal Student Loan Debt

 

AG James and Multistate Coalition Support Congressional Resolutions

Calling for Cancellation of Up to $50,000 in Debt Per Student Borrower

 New York Attorney General Letitia James today co-led a multistate coalition of 17 attorneys general from around the nation in urging the adoption of U.S. House and U.S. Senate resolutions that call for the cancellation of up to $50,000 in federal student debt owed by each and every federal student loan borrower across the country. In their letter to Congress, Attorney General James and the coalition stress the immediate relief needed for borrowers struggling with unmanageable student loan debt, which has only been exacerbated by the coronavirus disease 2019 (COVID-19) pandemic and the resulting financial crisis. The resolutions — Senate Resolution 46 and House Resolution 100 — call on President Joseph Biden to exercise his authority to cancel up to $50,000 in federal student loan debt per borrower.

“Student loan debt holds too many struggling borrowers down and prevents them from achieving financial stability,” said Attorney General James. “Many fall behind on their payments or enter default, leading to a downward spiral of ruined credit and dashed dreams. Cancelling up to $50,000 in student loan debt will not only free these borrowers to move forward with their lives, but will simultaneously help close the racial wealth gap and move our economy to new heights. This is about creating equal footing among all students and giving every borrower the opportunity to succeed.”

In their letter, the coalition lays out how the existing repayment system for federal student loans provides insufficient opportunity for struggling borrowers to manage their debts. As many as one in five federal student loan borrowers are in default. Options for student borrowers to obtain relief have also proven to be inadequate. Only two-percent of borrowers who applied for loan discharges under the Public Service Loan Forgiveness program have been granted a discharge, and efforts by state attorneys general to obtain student loan discharges for students defrauded by for-profit schools have been stymied by the U.S. Department of Education under the Trump Administration.

Today’s letter specifically highlights misconduct by for-profit schools, and how the industry’s predatory practices have disproportionately harmed people of color. The attorneys general state that cancelling federal student loan debt can substantially increase Black and Latinx household wealth and help close the racial wealth gap.

Today’s letter is the latest action Attorney General James has taken to help student loan borrowers. In July, Attorney General James and a multistate coalition sued the Trump Administration’s U.S. Department of Education and former Education Secretary Betsy DeVos to block their efforts to repeal critical protections for student-borrowers who have been misled or defrauded by predatory for-profit schools.

In June 2020, Attorney General James filed a multistate lawsuit to stop the Department of Education and former Education Secretary DeVos from repealing the “Gainful Employment” rule, which provides critical protections to students considering enrolling in for-profit colleges and vocational schools that promise students “gainful employment in a recognized occupation” after graduation.

Additionally, Attorney General James obtained multistate agreements to provide more than $7.5 million in debt relief to nearly 900 former ITT Tech students in New York after investigations found that ITT Tech, Student CU Connect CUSO, and PEAKS Trust preyed on students by deceiving them into taking out student loans.

Joining Attorney General James in co-leading today’s letter is Massachusetts Attorney General Maura Healey. The two are joined by the attorneys general of Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.

Statement From Governor Andrew M. Cuomo Updating New Yorkers on Vaccine Shipping Delays

 

 "The federal government previously informed New York that the winter storms impacting much of the country have delayed nearly all shipments of the COVID-19 vaccine, and since then we have been in constant contact with our federal partners to track any incoming shipments and make the necessary adjustments to our operations.

"We have now been informed that shipments of the Pfizer vaccine that should have been delivered already but were delayed due to weather are scheduled to arrive by Monday, and orders placed within the last 48 hours will be sent after, with expected arrival on Tuesday and Wednesday. Delayed shipments of the Moderna vaccine should arrive by the middle of next week, with orders placed within the last 48 hours expected to arrive next Thursday and Friday.

"We will continue to track these shipments closely over the coming days and keep New Yorkers informed about any changes in existing appointments. At this time, no appointments at state-run sites have been rescheduled due to these shipping issues. In the meantime, we are doing everything we can to get shots into arms as quickly and fairly as possible so we can defeat this beast once and for all."

Statement from Governor Andrew M. Cuomo on Vaccine Shipping Delays

 

 "The Federal government has informed New York that nearly all COVID-19 vaccine doses allocated for Week 10 — which were scheduled to be delivered between February 12th and February 21st — are delayed due to the winter storms continuing to impact much of the country. Every dose that should have shipped on Monday was held back, and only a limited number of Pfizer vaccines left shipping facilities on Tuesday and Wednesday.

"This delay will undoubtedly pose a logistical challenge for New York — but as we have shown over the last 350-plus days, we are New York Tough, and we are up to the challenge. The Department of Health is working closely with all providers, including local health departments, hospitals, pharmacies, and FQHCs to minimize the impact on their operations and reduce the number of appointments that must be rescheduled. The vaccine is the weapon that will win the war against COVID, and we will continue to work with our federal partners to expedite the delayed shipments and will keep New Yorkers updated over the coming days."

316 Days and Counting

 

I still have 316 days left as Mayor of New York City. Should I run for Governor of New York State next year now that Governor Cuomo is being investigated for the COVID-19 nursing home deaths?