Van Cortlandt Jewish Center
News and Notes
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Thursday, July 28, 2022
VCJC News & Notes 7/29/22
Van Cortlandt Jewish Center
Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JULY 28, 2022
Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment
22 Statewide Deaths Reported Yesterday
NOTE: Beginning June 24, 2022, the Vaccine data will be updated weekly on Fridays to align with CDC's updated data refresh schedule. For additional information on COVID-19 Vaccination Data provided by CDC, see https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-total-admin-rate-total.
Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.
"As we continue to respond to new variants and prepare for potential surges in the fall, let's continue to use the tools that help protect against and treat COVID-19," Governor Hochul said. "The vaccine is the best tool we have to prevent serious hospitalization from COVID-19, and I encourage those who are not up to date on their vaccine and booster doses to get caught up immediately. Take a test if you feel unwell and if you do test positive, talk to your doctor about potential treatment."
Today's data is summarized briefly below:
- Cases Per 100k - 38.57
- 7-Day Average Cases Per 100k - 33.33
- Test Results Reported - 84,283
- Total Positive - 7,538
- Percent Positive - 8.40%**
- 7-Day Average Percent Positive - 8.80%**
- Patient Hospitalization - 2,780 (-8)
- Patients Newly Admitted - 458
- Patients in ICU - 258 (-28)
- Patients in ICU with Intubation - 89 (0)
- Total Discharges - 325,218 (+462)
- New deaths reported by healthcare facilities through HERDS - 22
- Total deaths reported by healthcare facilities through HERDS - 57,013
** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.
The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.
Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.
- Total deaths reported to and compiled by the CDC - 72,730
This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.
Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:
Borough | Monday July 25, 2022 | Tuesday, July 26, 2022 | Wednesday, July 27, 2022 |
Bronx | 8.89% | 8.77% | 8.96% |
Kings | 8.28% | 7.90% | 7.55% |
New York | 7.46% | 7.20% | 7.20% |
Queens | 10.36% | 9.97% | 9.82% |
Richmond | 8.59% | 8.48% | 8.62% |
Disbarred New York Attorney Sentenced To Three Years In Prison For Multi-Million Dollar Securities Fraud Scheme
Damian Williams, the United States Attorney for the Southern District of New York, announced that JAESON BIRNBAUM, a disbarred lawyer, was sentenced today to 36 months in prison for defrauding investors in his now bankrupt litigation finance firm, “Cash4Cases.” BIRNBAUM previously pled guilty to securities fraud for misappropriating investors funds and pledging the same lawsuit recoveries as collateral to multiple parties, contrary to his representations. U.S. District Paul A. Crotty imposed the sentence in Manhattan federal court.
U.S. Attorney Damian Williams stated: “As a lawyer Birnbaum understood the importance of honest dealings and putting his investors first. Instead, Birnbaum chose to lie to his investors in order to steal their money and cover up his fraud by doctoring company records. Through today’s sentence, Birnbaum has been held accountable for this serious fraud.”
According to statements in the Information, and other public filings and statements in court:
From at least in or about 2017 through in or about 2019, BIRNBAUM obtained more than $3 million in investments for Cash4Cases based on fraudulent misrepresentations. These investments were in the form of promissory notes, titled “Investor Security Agreements” (“ISAs”), which purported to provide the relevant investors with a security interest in the recoveries associated with certain specified lawsuits that were ostensibly purchased by Cash4Cases. In fact, in some instances, the lawsuits that were either never funded by Cash4Cases or BIRNBAUM had previously pledged their recoveries to other parties.
To help carry out his fraud, BIRNBAUM directed an employee to falsify his company’s books and records to make it appear that the recoveries from lawsuits that had already been paid out were still available to be pledged as collateral to new investors.
BIRNBAUM also misappropriated a substantial portion of investors’ funds for his personal use and to make promised payments to earlier investors in Ponzi-like manner. As one example, BIRNBAUM obtained a $1 million investment for Cash4Cases in September 2019. Prior to this investment, BIRNBAUM told the investor that Cash4Cases would use the money exclusively for advances to litigants. However, contrary to this representation, BIRNBAUM used the money to make a $530,000 down payment on the purchase of a house and to pay for other personal expenses and Ponzi-like payments to earlier investors.
BIRNBAUM, 48, of Boca Raton, Florida, was also sentenced to a three-year term of supervised release. He was further ordered to pay restitution to his victims in the amount of $2,661,072.24 and to forfeit $2,661,072.24 in fraud proceeds.
Mr. Williams praised the investigative work of the United States Postal Inspection Service and thanked the U.S. Securities and Exchange Commission for its assistance.
Attorney General James Announces Sentencing of Former New York State Supreme Court Justice and Former Chairman of Erie County Democratic Committee for Corruption
Former New York State Supreme Court Justice John Michalek Accepted Bribes from Former Erie County Power Broker and Democratic Committee Chairman Steven Pigeon
New York Attorney General Letitia James today announced the sentencing of Erie County power broker and former Chairman of the Erie County Democratic Committee, G. Steven Pigeon, 61, and former New York State Supreme Court Justice, John A. Michalek, 71, for their roles in a bribery scheme that influenced judicial decisions and official appointments. The Honorable Judge Donald F. Cerio, Jr. sentenced Michalek to one year and four months in jail and a $5,000 fine. Pigeon was sentenced to one year in jail to run concurrent to his federal four-month sentence and a $5,000 fine.
“New Yorkers put their trust in judges and public servants to serve the interests of the people, not make a mockery of our institutions for personal financial gain,” said Attorney General James. “Former Judge Michalek and party leader Pigeon engaged in a deep web of deception and bribery that violated their duty to the public and the very laws Michalek swore to uphold. Let today’s sentencing be a warning to all who would try to do the same: our judicial system is not for sale, and regardless of political party affiliation, my office will always hold corrupt officials accountable.”
On June 30, 2016, Michalek pleaded guilty to two felonies, including Bribe Receiving in the Third Degree, a class D felony, and Offering a False Instrument for Filing in the First Degree, a class E felony, in connection with receiving bribes from Pigeon and for filing a false document with the New York State Office of Court Administration when he appointed a receiver requested by Pigeon. After entering his plea, Michalek submitted a letter of resignation to the New York State Chief Administrative Judge and was disbarred from practicing law. At today’s sentencing, Michalek’s defense attorney made an oral motion, and sentencing was stayed until September 9, 2022.
On September 28, 2018, Pigeon, an attorney, political consultant, and former Chairman of the Erie County Democratic Committee, pleaded guilty to Bribery in the Third Degree, a class D felony. After entering his guilty plea, Pigeon was disbarred.
Between February 2012 and April 2015, Michalek and Pigeon exchanged emails and text messages which revealed Pigeon was bribing Michalek in order to influence judicial decisions. Messages show Pigeon helped Michalek secure employment and official appointments for two of his family members, gave Michalek free tickets to box seats for Buffalo Sabres hockey games, and gave Michalek’s family a free ticket to a $1,000 political fundraiser. The messages also indicate that Pigeon helped Michalek secure a judicial appointment to the New York State Supreme Court in the Appellate Division.
Throughout the same time period, Pigeon and Michalek discussed multiple pending lawsuits that Michalek presided over. Michalek shared privileged and non-public information with Pigeon so that he could provide input and advice on the cases. In one case, Michalek appointed an attorney chosen by Pigeon to a receivership. Pigeon’s choice was not on the court-issued list of receivers, so in order to appoint the person, Michalek filed a document with the Office of Court Administration in which he falsely claimed he needed that specific attorney’s expertise in handling the receivership.
On October 9, 2018, Pigeon pleaded guilty in federal court to conspiring to illegally cause a $25,000 campaign donation from a Canadian CEO to a New York state official running for reelection to statewide office in 2014. When the CEO’s donation was initially rejected because he was not a U.S. citizen, Pigeon arranged for a U.S. citizen who worked for the CEO to make the donation instead. In exchange for the donation, Pigeon and the CEO attended a New York City fundraiser for the candidate.
Yesterday, July 27, 2022, Pigeon was sentenced on federal charges to four months in jail followed by one year of supervised release by the Honorable Richard J. Arcara, U.S. District Judge, Western District of New York. On December 2, 2021, Pigeon was indicted and arraigned on two counts of Predatory Sexual Assault Against a Child, First Degree Rape and other charges. This case is still pending in Erie County Court.
The Office of the Attorney General (OAG) thanks the U.S. Attorney’s Office of the Western District of New York, New York State Police, and Federal Bureau of Investigation for their work on this matter. The OAG would also like to thank the New York State Board of Elections for their assistance.