Former State Employee Pleads Guilty in Unemployment Insurance Fraud Case

 

 Former New York State Department of Labor (NYSDOL) employee Wendell Giles, age 52, of Albany, pled guilty to mail fraud and aggravated identity theft charges.

The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG).

As part of his guilty plea, Giles admitted that he and another former NYSDOL employee, Carl J. DiVeglia III, abused their state computer systems access to create and approve false unemployment insurance (UI) applications in 2020 and 2021, including applications for the federal Pandemic Unemployment Assistance (PUA) program.

Giles recruited relatives, friends and friends-of-friends to submit false benefits applications over the phone to DiVeglia after Giles had instructed them to lie in response to eligibility questions. Giles and DiVeglia then took a share of the benefits paid by NYSDOL on the false claims.  Giles used his share to enrich himself, including by purchasing a three-wheeled motorcycle. In text messages, DiVeglia suggested a vanity license plate for Giles’s new vehicle, “TY PUA,” which Giles understood to mean “Thank You Pandemic Unemployment Assistance.” Giles responded, “Lol.”  Giles had been employed as a Senior Employment Security Clerk, and DiVeglia as a Labor Services Representative.

Giles admitted responsibility for $826,530 in losses to pandemic-related UI benefits programs administered by the state.  He has agreed to pay full restitution to NYSDOL. DiVeglia previously pled guilty to related charges and also agreed to pay restitution.

The mail fraud conviction carries a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The aggravated identity theft conviction carries a mandatory term of 2 years in prison, to be imposed consecutively to any other term of imprisonment.  Giles is scheduled to be sentenced on January 5, 2023 by Chief United States District Judge Glenn T. Suddaby. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

This case was investigated by the FBI and USDOL-OIG, with assistance from the NYSDOL Office of Special Investigations, and is being prosecuted by Assistant U.S. Attorneys John T. Chisholm and Joshua R. Rosenthal.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Governor Hochul Announces Completion of Eastbound Paving Project on Long Island Expressway

 Resurfacing on the Eastbound Long Island Expressway Completed Thursday Night

Meadowbrook State Parkway & Eastbound Southern State Parkway also Completed

Pavement Renewal on Westbound Long Island Expressway and Westbound Southern State Parkway Targeted For Completion and On Schedule for the End of 2022

Projects Announced in April Funded by $157 Million Investment For State Roads in Nassau and Suffolk County

 Governor Kathy Hochul today announced that pavement resurfacing on the eastbound Long Island Expressway (Interstate 495) from the Nassau-Suffolk border to State Route 112 is now complete, marking a significant milestone in one of the largest resurfacing projects in New York State. Westbound repaving on the Long Island Expressway is now well underway and on schedule be completed by the end of the year.  

"Millions of motorists each year rely on Long Island's network of highways to reach their destinations, and completing critical infrastructure projects like this is part of our commitment to help ensure smoother, safer travel," Governor Hochul said. "We are seeing real results from our investments in paving projects here and across New York State, and this important work will continue on roads large and small."

Thursday night marked the final night of pavement work on the eastbound Long Island Expressway, with the conclusion of roadway milling, laying of new asphalt, and the installation of new highly reflective pavement markings and rumble strips. On the westbound Long Island Expressway, similar work began in July and is nearly one-third completed.  

With today's announcement, new asphalt now covers more than 300 lane miles of state highways across Long Island following projects that began earlier this year on key sections of the Long Island Expressway, the Southern State Parkway, the Meadowbrook State Parkway, and several other roads. These projects, which were announced this past April and totaled $157 million, are already easing travel and improving mobility for motorists in Nassau and Suffolk Counties

On Long Island's South Shore, pavement renewal along the eastbound Southern State Parkway between the Grand Avenue/Baldwin Road exit in Nassau County and Route 110 in Suffolk County finished on Friday, August 19 and work began this week on the westbound lanes.   

Resurfacing in both directions of the Meadowbrook State Parkway was completed before the Memorial Day weekend and the turf shoulder rehabilitation is ongoing between Merrick Road and Ocean Parkway in the Town of Hempstead.   

Major work on the Long Island Expressway, Southern State Parkway and Meadowbrook State Parkway is progressing on schedule and will be completed by the end of this year. In fact, more than 60 percent of the Long Island paving work announced by the Governor earlier this year has been completed during the spring and summer months.  

Other completed locations include:  

• Southern State Parkway between State Route 231 and the Sagtikos State Parkway in Suffolk County;  
• State Route 25A between Lawrence Road and State Route 25 in the Town of Smithtown;  
• State Route 114 between Stephen Hands Path and the Shelter Island South Ferry terminal in Village of Sag Harbor, Village of North Haven, and Town of East Hampton;  
• Sunrise Highway North Service Road between Udall Road and Manor Road in the Town of Islip;  
• Sunrise Highway South Service Road between Udall Road and Malts Avenue in the Town of Islip.  

Additionally:  

• State Route 111 between Suffolk Avenue and the Long Island Expressway in the Town of Islip is anticipated to be completed in September.  
• On State Route 109, sidewalk ramp safety enhancements are currently underway between the Nassau/Suffolk border and State Route 27A in the Town of Babylon with full completion including pavement renewal scheduled by the end of 2023.  

Motorists are urged to plan accordingly and drive responsibly in work zones.  Fines are doubled for speeding in a work zone.  Convictions of two or more speeding violations in a work zone could result in the suspension of an individual's driver license.

For up-to-date travel information, call 511, visit www.511NY.org or download the free 511NY mobile app.

Follow NYSDOT on Twitter at @NYSDOT and @NYSDOTLI.  Find us on Facebook at Facebook.com/NYSDOT.

Queens Man Pleads Guilty to Attempting to Provide Material Support to ISIS

 

Awais Chudhary Planned to Commit Knife Attack in Queens on Behalf of ISIS

 Awais Chudhary, a naturalized U.S. citizen born in Pakistan, pleaded guilty in federal court in Brooklyn to attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.  This proceeding was held before United States Magistrate Judge Robert M. Levy.  When sentenced, Chudhary faces up to 20 years in prison.

Breon S. Peace, United States Attorney for the Eastern District of New York; Matthew G. Olsen, Acting Assistant Attorney General of the Justice Department’s National Security Division; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the guilty plea.

“Awais Chudhary has admitted to planning to carry out a lone wolf terrorist attack in Queens against innocent civilians in an embrace of ISIS’s murderous cause,” stated United States Attorney Peace.  “Thanks to the Joint Terrorism Task Force, Chudhary’s efforts to commit deadly violence on behalf of ISIS were thwarted, lives were saved, and he now awaits sentencing for his heinous crime.”

“As he admitted, Mr. Chudhary planned to bring terror to the people of New York City on behalf of ISIS.  The Joint Terrorism Task Force (JTTF), with its tireless vigilance, was able to successfully disrupt his plot, keeping our city safe from this potential lone wolf terrorist.  The FBI, along with our partners on the JTTF, remain committed to our highest priority of defending the United States from terrorism,” stated FBI Assistant Director-in-Charge Driscoll.

“Mr. Chudhary has admitted to providing material support, from American soil, to terrorists based overseas,” stated NYPD Commissioner Sewell.  “He is a naturalized U.S. citizen who abandoned the country that took him in, and instead pledged allegiance to ISIS and repeatedly and diligently promoted its violent objectives. Clearly, the threat of ISIS-inspired terrorism remains very real, and the members of our FBI-NYPD Joint Terrorism Task Force will never stop working to identify anyone aiding groups that consider our country their sworn enemy.”

According to court filings, in August 2019, after watching violent terrorist propaganda videos, Chudhary pledged his allegiance to ISIS’s then-leader Abu Bakr al-Baghdadi and began planning for a knife or bomb attack as a lone wolf ISIS supporter.  Chudhary identified targets, including the pedestrian bridges over the Grand Central Parkway and the Flushing Bay Promenade, where he intended to carry out the attacks.  Chudhary sought guidance from individuals whom he believed to be ISIS supporters, including what type of knife to use and how to prevent detection from law enforcement by not leaving “traces of finger prints [or] DNA.”  Chudhary also sent a screenshot of a document from an ISIS propaganda magazine that included a diagram of the human body depicting where to stab victims with a knife.  Chudhary conducted several reconnaissance trips to these locations and made video recordings of the areas he intended to attack. 

Chudhary ordered items online that he intended to use to commit a terrorist attack, including a tactical knife, a mask, gloves, and a cellphone chest and head strap to facilitate his recording of the attack, which he hoped would serve as inspiration to other ISIS supporters.  Chudhary was arrested as he attempted to retrieve the items from an online retailer’s locker in Queens.

Defendant Admits To 2014 Murder

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that DONOVAN GRANT pled guilty in Manhattan federal court to participating in the armed robbery of Jercar Brooks in the Bronx on January 23, 2014.  As part of his guilty plea, GRANT admitted that during the robbery, he shot and killed Brooks.  GRANT is scheduled to be sentenced before the Honorable Alvin K. Hellerstein on November 28, 2022.

U.S. Attorney Damian Williams said:  “Eight years ago, Jercar Brooks was murdered inside his apartment in the Bronx.  Thanks to the tireless efforts of the New York City Police Department and the Federal Bureau of Investigation, Donovan Grant has now been held accountable for this senseless crime.  Together with our law enforcement partners, this Office will continue to bring justice to the victims of violent crime.”

According to the allegations in the Superseding Indictment and other documents filed in federal court, as well as statements made in public court proceedings:

On January 23, 2014, GRANT planned to rob Brooks at gunpoint during a supposed marijuana deal.  GRANT brought a gun and bag of pretend money to Brooks’ apartment located at 634 East 233rd Street in the Bronx, intending to take the marijuana by force if the plan to deceive Brooks was unsuccessful.   During the course of the armed robbery, GRANT shot Brooks two times and killed him.  GRANT fled the building, taking with him the box of marijuana that he had planned to steal. 

GRANT, 60, of Brooklyn, New York, pled guilty to one count of Hobbs Act robbery, in violation of Title 18, United States Code, Section 1951, which carries a maximum term of twenty years in prison. 

The maximum 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 investigating work of the FBI and the NYPD.

Celebrating the life & legacy of Leroy R. Archible (aka Archie)

 

Permits Filed For 3128 Bailey Avenue In Jerome Park, The Bronx

 

Permits have been filed for a six-story mixed-use building at 3128 Bailey Avenue in Jerome Park, The Bronx. Located between Albany Crescent and Fort Independence Street, the lot is two blocks from the 231st Street subway station, serviced by the 1 train. Yaniv Zohar is listed as the owner behind the applications.

The proposed 65-foot-tall development will yield 28,377 square feet, with 27,115 square feet designated for residential space and 1,261 square feet for community facility space. The building will have 40 residences, most likely rentals based on the average unit scope of 677 square feet. The masonry-based structure will also have a cellar, a 30-foot-long rear yard, and 20 open parking spaces.

Baobab Architects 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.

Tiffany Court Plaza Affordable Housing Project Debuts At 980 Westchester Avenue In Foxhurst, The Bronx

 

Tiffany Court, a new 151-unit affordable housing property recently debuted at 980 Westchester Avenue in The Bronx. The property is located in Foxhurst, residential micro-neighborhood that borders the Bronx River, the Bruckner Expressway, and Morrisania.

Developed by The Doe Fund and Bolivar Development with support from New York City’s Housing Development Corporation (HDC) and the Department of Housing and Preservation Development (HPD). The project was just awarded a Temporary Certificate of Occupancy.

“New York City faces many obstacles to its pandemic recovery, from dirty streets to rising homelessness and a lack of affordable housing,” said John McDonald, executive vice president of housing at The Doe Fund. “More people experience homelessness on our streets and in our subway than ever before. It’s critical we develop housing that delivers the services these individuals and families need to live with dignity. Tiffany Court Plaza shows The Doe Fund’s commitment in action — the commitment to a safer, fairer, more livable NYC.”

Designed by GF55 Partners, the building is expected to achieve LEED Gold certification. Tiffany Court’s mix of units includes 47 studios, 64 one-bedroom units, 22 two-bedroom units, and 17 three-bedroom units, as well as a two-bedroom unit for a live-in superintendent.

The Doe Fund will provide supportive services to 31 units, including substance abuse counseling, comprehensive case management, career training, and continuing education. Supportive tenant rents and program expenses were secured by an award from the NYS Empire State Supportive Housing Initiative.

The remaining units will be rented through a lottery conducted by The Doe Fund via NYC Housing Connect.

All residents will have access to a large communal lounge, a landscaped outdoor terrace, on-site laundry facilities, a computer room, and bike storage.

In addition to a residential lobby, the first floor of the building will house a 25,000-square-foot retail volume. The commercial tenants have not yet been announced.

Total project costs hover around $71.6 million funded through a mix of public and private funding. This includes federally tax-exempt HDC bond and a second mortgage through HDC’s Extremely Low & Low Income Affordability Program. Additional public funding includes HPD subsidies and four percent low-income housing tax credits via Boston Financial Investment Management and their investor, Webster Bank.

Other funding sources include Chase Bank, a Federal Home Loan Bank of New York grant, and New York City Council discretionary funds from Bronx Councilman Rafael Salamanca, Jr. and former City Council Speaker Corey Johnson.

On Women's Equality Day, Governor Hochul Announces State Actions to Combat Sex Discrimination

 

New York State Division of Human Rights Awards $2.3 Million to Women Who Were Victims of Sex Discrimination by Employers, Landlords and Businesses

New Guidance and Fact Sheet on Protections for Pregnant Workers in the Workplace

 Governor Kathy Hochul today announced that the New York State Division of Human Rights has awarded more than $2.3 million in the past year to 126 women who filed sex discrimination claims against employers, landlords, and businesses across the state. In addition, the Division has published new guidance on workplace protections against pregnancy discrimination. Governor Hochul announced these actions as the State commemorates Women's Equality Day, which marks 102 years since women in the United States gained the right to vote.

"There's no place for unlawful discrimination or harassment of any form — in the workplace or anywhere else," Governor Hochul said. "We've come a long way in changing workplace culture in government, and as we celebrate Women's Equality Day across the state, we are sending a message that whether in a private setting or in a public sector office, sexual harassment is not okay. In New York State, we are committed to promoting safety, dignity, and respect for everyone."

Sex discrimination has been unlawful in New York State since 1964, and every year since, the Division has worked to protect the rights of women to participate fully in the life of the State. In addition to obtaining those settlements since Governor Hochul took office in August 2021, the Division has published new guidance on pregnancy protections, as well as a factsheet that will alert employees of their rights and employers of their responsibilities around reasonable accommodation of pregnant workers.

Notable Resolutions

Two female security officers received settlements of $50,000 and $30,000 each after filing DHR complaints against their employers, alleging that they faced sex discrimination while working at a New York City hospital. The security officers alleged that they were assigned to less-desirable postings, denied equal opportunity for overtime, and denied breaks because their supervisors said female officers were "not equal to men." The officers also alleged that they experienced retaliation after filing internal complaints.

A woman who worked at a dental office in Lockport received a settlement of over $70,000 plus $17,000 in legal fees after filing a sexual harassment and disability discrimination complaint against her employer through DHR. The woman, who worked as a hygiene coordinator, alleged that she experienced continual sexual harassment from the dentist who co-owned the practice she worked at. The woman alleged she was terminated after going out on sick leave for three weeks due to what was later found to be a brain tumor.

A New York City woman who worked in the billing department of a retail distributor received a settlement of $75,000 after alleging in a DHR complaint against her employer that she faced racial and pregnancy discrimination. The woman alleged that she faced derogatory comments and harassment from her supervisor for being a single mother after becoming pregnant. She also alleged that her work duties were changed to become less favorable after she came back from maternity leave.

A Long Island woman received a settlement of $45,000 after alleging that she experienced racist and sexist abuse and harassment while working as an office manager at a construction company in Brookhaven. Despite working for the company productively for several years, she was terminated after going out on disability.

A Rochester woman who worked as a security officer at a local airport received a settlement of $47,000 after filing a DHR complaint against her employer alleging sex, disability, and pregnancy discrimination. The woman was penalized by her employer for taking time off during her pregnancy to deal with connected medical issues, and then terminated after seeking leave to deal with post-partum depression.

The Division's work builds on other recent measures taken by Governor Hochul to further equality in New York State. In July, she announced that the Division launched a statewide, toll-free hotline to connect workers with free guidance from pro-bono attorneys to help them deal with the complex issues of sexual harassment. In May, the Division filed a complaint against online retailer Amazon alleging the company engages in discrimination against pregnant workers and workers with disabilities and has policies that force pregnant and disabled workers to take an unpaid leave of absence rather than allowing them to work with a reasonable accommodation.

This past March, Governor Hochul signed legislation strengthening protections against retaliation for victims of discrimination and making explicit that all public employers are subject to the Human Rights Law. These and other recent amendments to the law have helped ensured that the New York State Human Rights Law remains one of the strongest in the nation, and the Division is committed to vigorous enforcement of these protections.

New York has the proud distinction of being the first state in the nation to enact a Human Rights Law, affording every citizen "an equal opportunity to enjoy a full and productive life." The New York State Division of Human Rights is dedicated to eliminating discrimination, remedying injustice, and promoting equal opportunity, access, and dignity through enforcement of the Human Rights Law. Individuals interested in finding out more information or filing a complaint may visit the Division's website. Follow the Division on Facebook and Twitter.