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Friday, March 25, 2022
NYS Office of the Comptroller - DiNapoli: Despite Progress, Pay Gap for Women Persists
New York City Hispanic Chamber of Commerce - 2022 Virtual Women in Business Brunch March 30, 2022
Zoom Event
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Bronx Man Charged With Shooting At Off-Duty NYPD Officer
Damian Williams, the United States Attorney for the Southern District of New York, and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced the filing of a criminal complaint charging JAMAR BAKER with illegally possessing a firearm and ammunition. BAKER, who is on federal supervised release for a prior conviction, was arrested yesterday and was presented today before the Honorable Barbara C. Moses.
U.S. Attorney Damian Williams said: “For no apparent reason, Jamar Baker allegedly decided to pick a fight with an innocent driver heading to work. Little did he know, the victim we allege he harassed and shot at is an NYPD officer who was on his way to the precinct to begin his shift. The random attack and senseless criminal behavior not only put the officer in danger, but we also allege Mr. Baker hid the weapon inside a child’s toy, and put it back in the child’s crib. Mr. Baker will now face federal justice for his reckless actions.”
NYPD Commissioner Keechant L. Sewell said: “Gun violence impacts all New Yorkers – including NYPD police officers, both on and off duty. The NYPD and our law enforcement partners at the U.S. Attorney’s Office for the Southern District of New York vow to use every resource available to ensure that criminals are always held fully accountable for their reckless actions.”
As alleged in the Complaint filed in Manhattan federal court[1]:
Shortly after 6:30 a.m. on March 23, 2022, an off-duty NYPD Officer (“Victim-1”) was driving his personal vehicle to his NYPD precinct in Manhattan to begin his shift. While crossing from the Bronx into Manhattan on the Macombs Dam Bridge, BAKER’s vehicle struck Victim‑1’s vehicle multiple times. BAKER then pulled his vehicle alongside Victim-1’s vehicle, spit towards Victim-1, and shouted a slur at Victim-1. As the vehicles continued driving, BAKER fired a gun at Victim-1, striking the front bumper and tire of Victim‑1’s vehicle. Officers later recovered two .380-caliber shell casings from the road where the vehicles had traveled.
Law enforcement identified BAKER’s vehicle using license plate reader photographs. When officers searched an apartment to which BAKER had gone immediately after the shooting, officers found a .380-caliber pistol concealed inside a teddy bear in a child’s crib. BAKER is currently on federal supervised release in connection with a 2014 robbery conspiracy conviction, for which he served approximately five years in prison.
BAKER, 26, of Bronx, New York, was charged with one count of possessing a firearm after having been convicted of a felony, and one count of possessing ammunition after having been convicted of a felony. Each count carries a maximum sentence of ten years in prison. The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Williams praised the outstanding investigative work of the NYPD’s 32nd Precinct Detective Unit, the NYPD’s Firearm Suppression Section, and the Special Agents of the United States Attorney’s Office.
The case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Patrick R. Moroney is 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 herein, constitute only allegations, and every fact described herein should be treated as an allegation.
Attorney General James Announces Sentencing of Bronx Clinic Owner for Stealing More Than $4 Million
Leslie Montgomery Sentenced to 3 to 9 Years in State Prison, Ordered to Pay Millions for Sham Housing Assistance Scheme
New York Attorney General Letitia James today announced the sentencing of Leslie Montgomery, 51, of the Bronx, for defrauding New York state out of millions of dollars in false Medicaid claims and exploiting low-income New Yorkers. Montgomery — who owned Healthy Living Community Center (Healthy Living) and LCM Livery P/U, Inc. (LCM Livery) — scammed New Yorkers through an elaborate scheme, whereby Montgomery advertised a sham housing assistance program to lure low-income individuals into providing their personal information. She then used the personal information to submit false claims for custom-molded back braces to MetroPlus Health Plan, a Medicaid-funded managed care organization, for braces that were not needed and never ordered by patients. Montgomery was sentenced today in Bronx County Supreme Court to three to nine years in state prison and ordered to pay back more than $4 million dollars in restitution to New York state.
“Exploiting New Yorkers’ desperate need for affordable housing to steal public funds is despicable,” said Attorney General James. “Ms. Montgomery’s greedy and illegal scheme violated the public’s trust and hurt our vulnerable communities in the process. My office will continue to root out this kind of greed and corruption. Those who attempt to steal off the backs of New Yorkers will be prosecuted to the fullest extent of the law.”
Last month, Montgomery pled guilty to Grand Larceny in the First Degree and Money Laundering in the First Degree, both class B felonies. Her company, LCM Livery, pled guilty to Money Laundering in the First Degree. As outlined in court documents, Montgomery used social media to advertise a sham housing assistance program as a ruse to lure low-income New Yorkers to Healthy Living. Healthy Living then required New Yorkers to divulge personal information, including their Medicaid numbers, in order to qualify for the purported program. But instead of helping people find housing, Montgomery used their information to submit false claims to MetroPlus for highly customized back braces that she never provided to the Medicaid recipients. From time to time, Montgomery provided a $20 “off-the-shelf” back brace that was mailed directly from Amazon to the recipient. However, most of the time, she never provided a back brace at all, and yet still billed MetroPlus between approximately $750 to $1,550 per item.
As part of her guilty plea, Montgomery admitted to submitting false Medicaid claims to MetroPlus for the custom-molded back braces, which were never requested or provided to the Medicaid recipients. Altogether, she pocketed more than $4 million from the scheme. Montgomery also admitted to hiding the criminal proceeds using shell companies, including LCM Livery, through which she funneled the stolen money to purchase two homes in the Bronx.
In conjunction with the criminal case, the Office of the Attorney General (OAG) also filed a civil complaint against Montgomery and her companies. The complaint — which asserts violations of New York’s False Claims Act, Section 145-b of New York’s Social Services Law, Executive Law Sections 63(12) and 63-c, and other causes of action — seeks to additionally recover millions of dollars in Medicaid money obtained by these defendants as a result of their fraudulent conduct. That suit is still pending in court.
The OAG wishes to thank the New York State Department of Health, the Office of the Medicaid Inspector General, and MetroPlus for their assistance and cooperation in this investigation.
MFCU’s investigation was led by Detectives Alexander Kats and David Salembier, with the assistance of Supervising Detective James Briscoe, under the supervision of Deputy Chief Executive Officer Kenneth Morgan and Deputy Chief Commanding Officer William Falk. The underlying financial audit was completed by Senior Auditor Investigator Ying Tuo, with the assistance of NYC Regional Deputy Chief Auditor Jonathan Romano and NYC Regional Chief Auditor Thomasina Smith. Legal Assistants Victoria Sepe and Danielle Vercelli also assisted in the investigation.
The criminal case is being prosecuted by Special Assistant Attorneys General Hayley Campbell and Anjna Kapoor, with assistance from Deputy Regional Director David Arias and NYC Regional Director Twan Bounds. Thomas O’Hanlon is MFCU’s Chief of Criminal Investigations-Downstate. The civil action is being litigated by MFCU Civil Enforcement Division Deputy Chief Konrad Payne, with the assistance of Civil Enforcement Chief Alee N. Scott. MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney and is a part of the Division for Criminal Justice. The Division for Criminal Justice is led by Chief Deputy Attorney General José Maldonado and is overseen by 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 on the OAG website or by calling 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) 2022 is $59,918,216. Of that total, 75 percent — or $44,938,664 — is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent of the approved grant — totaling $14,979,552 for FY 2022 — is funded by New York state. Through its recoveries in law enforcement actions, MFCU regularly returns more to the state than it receives in state funding.
Governor Hochul Illuminates New York Landmarks in Solidarity with the People of Ukraine
Governor Kathy Hochul today announced that New York State landmarks will be lit blue and yellow March 24, marking one month since the beginning of the Russian invasion, in solidarity with the Ukrainian people.
“As the proud home of the largest Ukrainian population in the United States, New York will continue to stand by the Ukrainian people in their fight against tyranny and oppression,” Governor Hochul said. “Our prayers are with the innocent victims of the unconscionable violence that continues to be perpetrated on a free and sovereign nation.”
Governor Hochul launched a new website containing resources offered by New York State and its partners to help Ukrainian people and their friends and allies here in New York. This follows the Governor’s announcement warning consumers about scams and cybersecurity threats amid Russia’s invasion of Ukraine. In an additional show of support, the Governor also announced the Ukrainian flag will be flown on the Capitol building, the Executive Mansion, and the Division of Homeland Security and Emergency Services headquarters.
Last week, the Governor announced an Executive Order to prohibit state agencies and authorities from contracting with entities that continue to do business in Russia. In early March, Governor Hochul announced actions to strengthen the Department of Financial Services' (DFS) enforcement of sanctions against Russia, including the expedited procurement of additional blockchain analytics technology. In February, Governor Hochul ordered all state agencies and authorities to divest public funds from Russia and stop doing business with Russian companies.
The landmarks to be lit in solidarity with the people of Ukraine include:
- One World Trade Center
- Governor Mario M. Cuomo Bridge
- Kosciuszko Bridge
- The H. Carl McCall SUNY Building
- State Education Building
- Alfred E. Smith State Office Building
- Empire State Plaza
- State Fairgrounds - Main Gate and Expo Center
- Niagara Falls
- The "Franklin D. Roosevelt" Mid-Hudson Bridge
- Grand Central Terminal - Pershing Square Viaduct
- Albany International Airport Gateway
- Fairport Lift Bridge over the Erie Canal
Van Cortlandt Jewish Center News and Notes - 3/25/22
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Thursday, March 24, 2022
Statement from Governor Kathy Hochul on Supreme Court Granting Preliminary Injunction to Preserve the Waterfront Commission
“The Supreme Court has granted our motion for a preliminary injunction preventing New Jersey from unilaterally withdrawing from the Waterfront Commission. Coming less than 24 hours after New York filed our reply, this swift decision is a victory for the safety of New Yorkers and for the health of our economy. In light of current geopolitical uncertainty, the work of the Waterfront Commission in combatting crime at the port and protecting vital industries is more important than ever before. I thank Attorney General James, Solicitor General Underwood, and the entire team for their work on this case on behalf of New York State. We will continue to fight for New Yorkers to crack down on corruption and crime and protect the safe transport of goods.”
DEC ADVISES OF AVALANCHE RISK IN ADIRONDACKS DUE TO WARMER WEATHER
The New York State Department of Environmental Conservation (DEC) today advised backcountry users in the Adirondacks, especially the High Peaks region, of potential avalanche risk following mild temperatures and high winds. Avalanche danger increases during thaws when warmer weather and rain melt existing snowpack and snow becomes increasingly unstable as it undergoes freeze/thaw cycles.
Backcountry hikers, downhill skiers, snowboarders, and other visitors who may traverse slides or steep, open terrain should be aware of and prepared for avalanche conditions. Avalanches can occur in any situation where snow, slope, and weather conditions combine to create instability in the snowpack. While the majority of steep, open terrain is found in the High Peaks region of the Adirondacks, avalanche-prone terrain is found on mountains throughout the Adirondack Mountains. Skiers, snowboarders, and hikers should assess their own experience level before going into the backcountry and should be equipped with avalanche safety tools and knowledge, including participation in an avalanche safety course.
Recently, DEC Forest Rangers led a search in the Adirondacks for a 63-year-old individual who planned to climb Mount Colden on the weekend of March 11, but failed to return. On March 18, Forest Rangers and volunteer rescuers located the subject deceased in the Trap Dike under approximately four feet of snow. After consulting experts at the National Avalanche Center, evidence suggests an avalanche may have occurred at the site. However, without an eyewitness and due to changing snow conditions, it is impossible to say for certain if the snow accumulation was the result of an avalanche or drifted snow.
An avalanche was confirmed on a slide located on Wright Mountain on Feb. 12, 2022. Two skiers were initially buried. One of the two skiers was able to self-rescue and locate and dig out his companion. Both skiers had proper safety gear including shovels, beacons, and transceivers. The pair had also practiced rescue techniques before the trip.
Individuals headed outdoors can reliably avoid avalanches by recognizing and avoiding avalanche terrain. Travel on the valley floor away from large avalanche runouts, along ridgetops above avalanche paths, in dense timber, or on slopes of 25 degrees or less that do not have steeper slopes above them. Avoid cornices, or hanging masses of hardened snow.
Risk cannot be entirely eliminated if traversing avalanche terrain, but risk can be minimized by using techniques: climb, descend, or cross avalanche areas one at a time; cross a slope at the very top or bottom if possible; climb or descend the edge of a slope rather than the center; carry and know how to use avalanche rescue gear; and turn back or alter the route if signs of unstable snow are detected.
Signs of Danger
When the snow cover is very unstable, nature often broadcasts clear danger signals. Fresh avalanches are the best clue. Snow that cracks, collapses, or makes hollow sounds is unstable. Weak layers that are found by digging snow pits are signs of unstable snow. Snow that has become wet from thaw or rain can be dangerous. Even if no signs of unstable snow are found, individuals should always travel observing the techniques listed above to minimize risk.
Be Prepared
Outdoor adventurers should always have an avalanche transceiver (or beacon), shovel, and a collapsible or ski-pole probe during avalanche conditions and should practice frequently to be proficient in using a beacon. However, visitors should not take extra risk just because rescue equipment is available to be used and should always carry a day pack with enough equipment to spend the night.
What to do if Caught in an Avalanche
Surviving avalanches can depend on luck, but it is always better to avoid avalanches in the first place. Remember that only one of three victims buried without a beacon survives. If caught in an avalanche, first try to escape to the side, or grab a tree or rock. If knocked down, get rid of poles, skis, and a heavy pack. Swim with the avalanche to try to stay on top and avoid trees. When the avalanche slows down, reach the surface or make an airpocket.
Safe Travel Techniques
- Never put everyone on the slope. Only one person should be on the slope at a time.
- Have an escape route planned. Always think avalanche - What will you do if the slope slides? Have a plan before you travel.
- Use slope cuts. Keep your speed up and cut across the starting zone, so that if the slope slides, your momentum can carry you off the moving slab into safer terrain. You can do this on skis, snowboards or on snowmobiles.
- Watch out for cornices, which tend to break farther back than expected. Always give them a wide berth. NEVER walk out to the edge of a drop-off without first checking it out. Many people have died this way.
- If it looks too dangerous, find a safer route. Use terrain to your advantage. Follow ridges, thick trees and slopes with safer consequences. You can almost always go back the way you came. The route got you there, it will most likely get you back as well.
- If there's no other choice, go underground. You can almost always weather out a bad storm or bad avalanche by digging a snow cave or seeking the shelter of a crevasse. You may be uncomfortable but you will be alive.
To contact a Forest Ranger, whether it's for a search and rescue, to report a wildfire, or to report illegal activity on State lands and easements, call 833-NYS-RANGERS.