Idaho Diesel Parts Companies and Owner Agree to Pay $1 Million After Pleading Guilty to Selling and Installing Illegal Defeat Devices

 

Diesel performance parts retailers GDP Tuning LLC and Custom Auto of Rexburg LLC, dba Gorilla Performance, as well as the companies’ owner Barry Pierce, pleaded guilty to criminal charges in federal court in Pocatello, Idaho, and agreed to pay a total of $1 million in criminal fines. The companies also agreed to implement compliance programs and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.  

GDP Tuning pleaded guilty to an information charging it with conspiracy to violate the Clean Air Act (CAA). Gorilla Performance and Pierce pleaded guilty to an information charging them with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the companies and Pierce agree to pay a $1 million criminal fine.

“Tampering with vehicles’ on-board diagnostic devices isn’t just a violation of federal law – it’s a major health hazard,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “People are harmed as a direct consequence of the many air pollutants that would be removed by emissions controls systems absent the illegal tampering. We have made progress in curbing harmful emissions, but that progress is undermined by sellers and distributors of defeat devices. We are committed to enforcing the Clean Air Act and holding accountable businesses and individuals that violate federal law.”

“Nearly a decade after EPA began cracking down on illegal defeat devices that violate the Clean Air Act, there is no excuse for companies to be continuing to cheat on vehicle emissions and putting the health of the environment and our communities at risk,” said Assistant Administrator David M. Uhlmann of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA will continue to pursue criminal charges against companies like Gorilla Diesel, which broke the law brazenly and repeatedly, until this egregious criminal activity comes to a stop once and for all.”

“The defendants in this case purposefully violated laws that protect air quality and the overall quality of life for Idahoans, especially vulnerable populations such as children, the elderly and those who suffer from respiratory conditions,” said U.S. Attorney Josh Hurwit for the District of Idaho.  “My office will continue to partner with law enforcement agencies to prosecute those who seek illegal profits at the expense the public’s health and our shared environment.”

According to court documents, GDP Tuning conspired with Pierce and others to violate the CAA by purchasing and selling tens of thousands of tuning devices and accompanying software which, when used together, tampered with vehicles’ on-board diagnostic (OBD) systems. OBDs normally detect any removal and malfunction of a vehicle’s emissions control equipment and record a diagnostic trouble code which will illuminate a vehicles “check engine light.” If the malfunction is not remedied, some vehicles can go into “limp mode,” where the maximum speed is limited to 5 mph as an incentive to have the vehicle repaired.

GDP Tuning bought and sold devices and software that allowed customers to reprogram or “tune” a vehicle’s OBD. This reprogramming tampers with emissions monitoring built into the diagnostic system and allows removal of the vehicle’s emissions control equipment without detection by the OBD. Removing a vehicle’s emissions controls is typically referred to as a “delete” and is accompanied by a “delete tune.”

In addition to GDP Tuning’s national wholesale operation, Gorilla Performance and Pierce operated a retail shop and auto repair facility in Rexburg, Idaho, where customers’ trucks were deleted and tuned.

Diesel exhaust contains a variety of air pollutants, such as particulate matter (PM), nitrogen oxides (NOx), carbon monoxide and non-methane hydrocarbons, among other hazardous air pollutants. Factory-standard emissions control equipment dramatically reduces these emissions. 

Deleting a diesel truck causes its emissions to increase dramatically. For a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: NOx increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and PM increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted. 

Diesel emissions contain multiple hazardous compounds that harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.  

Sentencing is scheduled for Nov. 8 before U.S. District Court Judge B. Lynn Winmill for the District of Idaho. Though the corporate defendants agreed to pay $1 million in criminal fines under the plea agreements, they face a maximum fine per count of $500,000 or twice the gross pecuniary gain derived from the offense, and Pierce faces up to two years in prison. The defendants’ sentences will be determined at the discretion of the court after application of statutory factors and the Federal Sentencing Guidelines, which consider a number of variables.  

The criminal case stemmed from an investigation by the EPA’s Criminal Investigation Division. U.S. Attorney Josh Hurwit for the District of Idaho, Senior Trial Attorney Cassandra Barnum of the Environment and Natural Resources' Environmental Crimes Section and EPA Regional Criminal Enforcement Counsel Karla Perrin are prosecuting the case. 

Stopping the manufacture, sale and installation of illegal delete devices is a priority for EPA. To learn more, visit www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines

Attorney General James Leads Multistate Coalition to Protect Americans’ Right to Clean Air

 

Coalition of 10 Attorneys General and Two Local Governments Urges Court to Protect EPA Authority to Curb Dangerous Pollution That Crosses State Lines

New York Attorney General Letitia James led a multistate coalition in submitting an amicus brief to the U.S. Court of Appeals for the Fifth Circuit in the case of Texas v. EPA to defend the U.S. Environmental Protection Agency’s (EPA) authority under the Clean Air Act to ensure that each state does its fair share to reduce the air pollution that they send to other states. The brief responds to a claim by Texas, Mississippi, and Louisiana that the EPA does not have the authority to independently review their state implementation plans (SIPs) to ensure that these states sufficiently curb dangerous air pollution that travels across state lines. Attorney General James and the coalition reject that argument and support EPA’s authority to ensure that all states follow federal law requiring them to reduce dangerous air pollution that causes high levels of ground-level ozone, or “smog,” beyond their own borders that can trigger severe respiratory problems and even lead to early death. 

“Air pollution doesn’t care about state lines, and pollution emissions in other states very much impact the quality of air in New York,” said Attorney General James. “That is why I am leading a coalition of my fellow attorneys general to defend the EPA’s authority to require that all states adhere to their responsibilities under the Clean Air Act. I will not allow other states to pretend their air pollution has no harmful effects elsewhere. New Yorkers can breathe easier knowing that we will always fight for clean air and commonsense pollution regulations.” 

Congress included the Good Neighbor Provision in the Clean Air Act to address the problem of interstate pollution and help ensure states fulfill their obligations to their neighboring states. In 2015, the EPA strengthened air quality standards for ozone. Around this time, the EPA found that emissions from power plants and other industries in two dozen upwind states, including Texas, Mississippi, and Louisiana, would significantly affect many of the coalition states’ ability to achieve safe air quality standards. In response, rather than provide SIPs outlining plans to reduce emissions and ozone pollution, many upwind states simply downplayed the harm to downwind states and their residents’ air quality or minimized the role they played. When the EPA disapproved of these states’ inadequate plans to curb pollution, Texas, Mississippi, and Louisiana challenged the EPA’s authority to enforce the Good Neighbor Provision and to ensure all states reduce air pollution emissions affecting their neighbors.  

Attorney General James and the coalition explain that the EPA does have the authority to hold states accountable and ensure upwind states will work to curb harmful ozone pollution. The coalition notes that more than 50 percent of ozone pollution in some of their localities comes from other states, including those challenging the EPA’s authority. Additionally, Attorney General James and the coalition explain that ozone harms the health of residents in their states, as elevated levels of ozone can trigger asthma, worsen bronchitis and emphysema, and even contribute to early death. The coalition urges the court to reject the efforts of Texas, Mississippi, and Louisiana to ignore the Good Neighbor Provision and undermine the EPA’s power to protect states from air pollution originating in neighbor states.  

Leading this coalition of 10 attorneys general is part of Attorney General James’ ongoing efforts to protect New Yorkers’ right to clean air and natural resources. Earlier this month, Attorney General James helped secure $2.8 million from FrieslandCampina due to air and water pollution in Delaware County. In July, Attorney General James joined a bipartisan, multistate coalition opposing a proposed settlement with 3M for contaminating drinking water supplies. In May 2022, Attorney General James brought a lawsuit against three New York City bus companies for violating city and state bus idling laws and causing significant air pollution. In May 2020, Attorney General James led a coalition of nine attorneys general to sue the Trump administration for limiting enforcement of environmental protection laws.  

Joining Attorney General James in filing this amicus brief are the attorneys general of Connecticut, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, Pennsylvania, Wisconsin, and the District of Columbia; the county attorney of Harris County, Texas; and corporation counsel of the City of New York. 

Tornado Cash Founders Charged With Money Laundering And Sanctions Violations

 

Roman Storm and Roman Semenov Charged with Operating the Tornado Cash Service, Laundering More Than $1 Billion in Criminal Proceeds 

Damian Williams, the United States Attorney for the Southern District of New York, Merrick B. Garland, the Attorney General of the United States, Christopher A. Wray, the Director of the Federal Bureau of Investigation (“FBI”), Nicole M. Argentieri, the Acting Assistant Attorney General of the Justice Department’s Criminal Division, Matthew G. Olsen, the Assistant Attorney General of the Justice Department’s National Security Division, James Smith, the Assistant Director in Charge of the New York Field Office of the FBI, and Bryant Jackson, the Special Agent in Charge of the Cincinnati Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced the unsealing of an Indictment charging ROMAN STORM and ROMAN SEMENOV with conspiracy to commit money laundering, conspiracy to commit sanctions violations, and conspiracy to operate an unlicensed money transmitting business.  The charges in the Indictment arise from the defendants’ alleged creation, operation, and promotion of Tornado Cash, a cryptocurrency mixer that facilitated more than $1 billion in money laundering transactions and laundered hundreds of millions of dollars for the Lazarus Group, the sanctioned North Korean cybercrime organization.  ROMAN STORM was arrested in the state of Washington and will be presented in the U.S. District Court for the Western District of Washington.  The case has been assigned to U.S. District Judge Katherine Polk Failla.  SEMENOV remains at large.

U.S. Attorney Damian Williams said: “As alleged, Tornado Cash was an infamous cryptocurrency mixer that laundered more than $1 billion in criminal proceeds and violated U.S. sanctions.  Roman Storm and Roman Semenov allegedly operated Tornado Cash and knowingly facilitated this money laundering. While publicly claiming to offer a technically sophisticated privacy service, Storm and Semenov in fact knew that they were helping hackers and fraudsters conceal the fruits of their crimes. This indictment is a reminder that money laundering through cryptocurrency transactions violates the law, and those who engage in such laundering will face prosecution.”

Attorney General Merrick B. Garland said: “As alleged in the indictment, the defendants operated a $1 billion scheme designed to help other criminals launder and conceal funds using cryptocurrency, including by laundering hundreds of millions of dollars on behalf of a state-sponsored North Korean cybercrime group sanctioned by the U.S. government.  These charges should serve as yet another warning to those who think they can turn to cryptocurrency to conceal their crimes and hide their identities, including cryptocurrency mixers: it does not matter how sophisticated your scheme is or how many attempts you have made to anonymize yourself, the Justice Department will find you and hold you accountable for your crimes.”

FBI Director Christopher A. Wray said: “Today’s announcement should remind criminal organizations everywhere in the world that they are neither untraceable nor anonymous.  You can’t hide from us behind a keyboard — whether you’re a hacker or facilitator.  Those charged today engaged in a conspiracy to launder money for cybercriminals, including for a North Korean cybercrime organization seeking to evade sanctions.  As we have with this operation, the FBI is going to keep dismantling the infrastructure used by cyber criminals to commit and profit from their crimes, and holding anyone who assists those criminals accountable.”

Acting Assistant Attorney General Nicole M. Argentieri said: “Cryptocurrency mixers have become the go-to method for criminals to conceal their ill-gotten gains.  As alleged, the defendants operated Tornado Cash as a safe haven for criminal actors to obfuscate the trail of funds tied to their criminal activities, such as computer hacking and wire fraud.  The Criminal Division will continue to prioritize the investigation and prosecution of those who seek to criminally exploit the cryptocurrency ecosystem.”

Assistant Attorney General Matthew G. Olsen said: “As stated in the indictment, the defendants’ cryptocurrency service facilitated more than $1 billion in illicit transactions, and they knowingly allowed a globally sanctioned cybercrime group to launder hundreds of millions of dollars on behalf of the North Korean regime.  The Justice Department – alongside our domestic and international law enforcement partners – will use every tool in our arsenal to pursue and dismantle the criminal networks that enable US sanctions violations wherever they operate.”

FBI Assistant Director in Charge James Smith said: “This indictment of Tornado Cash co-founders Roman Storm and Roman Semenov highlights their alleged role in creating a cryptocurrency mixer that ultimately served as a gateway for the laundering of more than $1 billion in criminal proceeds.  As alleged, when it became clear that a sanctioned North Korean cybercrime organization was using the platform to launder hundreds of millions of dollars derived from cyber heists, Storm and Semenov turned a blind eye to the illicit activity and made public representations that they were compliant with sanctions laws.  Today’s enforcement actions remind the public that the FBI, when faced with illegal activity, is committed to tracing the untraceable, and will remain focused on protecting victims of financial crime wherever those crimes are committed — be it through the traditional banking system or the virtual currency blockchain.”

IRS-CI Special Agent in Charge Bryant Jackson said: “As alleged, Tornado Cash was used to launder over $1 billion.  IRS Criminal Investigation’s Special Agents use their financial expertise to follow the flow of cryptocurrency transactions and dismantle major money laundering organizations that try to conceal the criminal source of their funds.  Today's indictment is a direct result of our collaboration with our law enforcement partners, both in the U.S. and abroad.  Through our work together, those who use deceit and fraud to line their pockets with illegal profits will be held accountable.”

As alleged in the Indictment unsealed in Manhattan federal court and court filings:[1

ROMAN STORM and ROMAN SEMENOV were two of the three founders of the Tornado Cash service, a cryptocurrency mixer that allowed its customers to engage in untraceable transfers of cryptocurrency.  The defendants and their co-conspirators created the core features of the Tornado Cash service, paid for critical infrastructure to operate the Tornado Cash service, promoted the Tornado Cash service, and made millions of dollars in profits from operating the Tornado Cash service.  The Tornado Cash service advertised to customers that it provided untraceable and anonymous financial transactions, and STORM and SEMENOV chose not to implement know your customer or anti-money laundering programs as required by law.  As a result, the Tornado Cash service was used to launder more than $1 billion in criminal proceeds.  STORM and SEMENOV knew about these money laundering transactions and received complaints and requests for help from victims of hacking and other cybercrimes.  However, they refused to implement any controls and continued to operate the Tornado Cash service and facilitate these money laundering transactions.  

In April and May 2022, the Tornado Cash service was allegedly used by the Lazarus Group, a sanctioned North Korean cybercrime organization, to launder hundreds of millions of dollars in hacking proceeds.  STORM and SEMENOV knew that the Tornado Cash service they were operating was engaging in these sanctions-violating transactions.  They implemented a change in the service so that they could make a public announcement that they were compliant with sanctions, but in their private chats, they agreed that this change would be ineffective.  They then continued to operate the Tornado Cash service and facilitate hundreds of millions of dollars in further sanctions-violating transactions, helping the Lazarus Group to transfer criminal proceeds from a cryptocurrency wallet that had been designated by the Office of Foreign Assets Control as blocked property.

ROMAN STORM, 34, of Auburn, Washington, and ROMAN SEMENOV, 35, a Russian national, are each charged with one count of conspiracy to commit money laundering and one count of conspiracy to violate the International Economic Emergency Powers Act, which each carry a maximum sentence of 20 years in prison.  They are also each charged with conspiracy to operate an unlicensed money transmitting business, which carries a maximum sentence of five years in prison.    

The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge. 

Mr. Williams praised the investigative work of the FBI and IRS-CI.  He also acknowledged the assistance of the Justice Department’s Office of International Affairs.  Mr. Williams further thanked the Joint Chiefs of Global Tax Enforcement (“J5”) for their assistance in the investigation.

The NCET was established to combat the growing illicit use of cryptocurrencies and digital assets.  Within the Criminal Division’s Computer Crime and Intellectual Property Section, the NCET conducts and supports investigations into individuals and entities that enable the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, mixing and tumbling services, and infrastructure providers.  The NCET also sets strategic priorities regarding digital asset technologies, identifies areas for increased investigative and prosecutorial focus, and leads the Department’s efforts to collaborate with domestic and foreign government agencies as well as the private sector to aggressively investigate and prosecute crimes involving cryptocurrency and digital assets.

The allegations in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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

At the New York State Fair, Governor Hochul Signs Executive Order Increasing State Sourcing of Local Food From Farmers

 

State Agencies to Increase Percentage of Food Sourced from New York Farmers and Producers to 30 Percent by 2028

Governor Hochul Also Signs Bills to Address Technical Challenges in Farming and to Boost Agriculture Promotion and Support Smaller and New Fairs

Legislation (A.1528-A/S.1723-A) To Bring Together Students to Develop Innovative Agricultural Technologies as Part of the New York State Fair

Legislation (A.2935/S.5526) to Support Smaller and Newer Fairs Across the State and Promote Youth Involvement in Agriculture and Domestic Arts

Governor Kathy Hochul at the Great New York State Fair today signed an Executive Order directing State agencies to increase the percentage of food sourced from New York farmers and producers to 30 percent of their total purchases within five years. The Governor also signed legislation to bring together students at the New York State Fair to develop innovative agricultural technologies as well as legislation to support smaller and newer fairs across the state while promoting youth involvement in agriculture and domestic arts.

“Agriculture is the backbone of our state, and our state’s fairs are the perfect way of showcasing that – that's why we’re taking major steps to support both our farmers and our fairs,” Governor Hochul said. “By increasing the amount of food State agencies must buy from local growers and producers, we are further investing in farm production and food processing in New York. We will continue taking bold action to support our next generation of farmers and the future of our agricultural industry for decades to come.”

New York State agencies currently report spending nearly $4 million on New York food; this new effort would aim to procure and purchase nearly $400 million worth of food from New York farmers. The Executive Order directs the Office of General Services (OGS) to ensure its centralized food contracts highlight sourcing from New York producers. It requires agencies to report food purchases, including those purchased through contracted service providers, to OGS to ensure the 30 percent goal is being met. The 30 percent goal can be reached incrementally, with agencies purchasing 5 percent of their food products from New York by the end of this year; 15 percent by the end of 2024; 20 percent by the end of 2025; 25 percent by the end of 2026; and 30 percent by the end of 2027.

The Executive Order also directs the Department of Agriculture and Markets and OGS to convene a working group, which will include representatives from the Department of Corrections and Community Supervision, the Office of Addiction Services and Supports, the Office of Mental Health, and the Office for People with Developmental Disabilities, Department of Health, Office of the Aging, along with other state agencies that purchase food. The group will work to identify opportunities to increase the purchase of New York State food products, recommend guidance to assist state agencies in increasing the amount of New York State food product they purchase, and recommend data collection and reporting requirements to achieve the Executive Order’s goals.

The Executive Order also encourages county and municipal governments, as well as local school districts not already participating in the State’s 30 percent school initiative, to join in meeting this target.

In addition, Governor Hochul signed legislation (A.1528-A/S.1723-A), which starting next year, will bring together young people with interests in agriculture, science, and technology at the New York State Fair to develop innovative solutions to problems facing agriculture and food production. Technological advancements in farming have already drastically changed the agricultural industry and will likely continue to do so, and this will help spur interest and curiosity from young innovators and inventors into the challenges of the agricultural industry.

The Executive Order is a part of the Governor’s commitment made in her 2023 State of the State Address and New York State Budget to increase the resilience and capacity of New York’s food system and to strengthen local economies by creating additional demand for New York-grown agricultural products. It also builds on New York State’s efforts to support New York farmers and producers and connect them to new markets through programs like Farm-to-School, the 30 percent New York State initiative, Nourish New York, and New York State Grown & Certified. In addition, the Governor's recent actions to support Farm-to-School initiatives included in the FY 2024 State Budget significantly raised the discretionary threshold for schools to purchase local food and food products from $20,000 to $150,000.

Complementary to these initiatives, Cornell University’s Charles H. Dyson School of Applied Economics and Management is currently researching variables that impact the true cost of food with the goal of increasing the competitiveness of local food procurement. The working group will review this research and incorporate it into its analysis and discussions around procurement options moving forward.

MAYOR ADAMS ANNOUNCES CITY HALL, OTHER CITY BUILDINGS TO BE LIT YELLOW TONIGHT IN HONOR OF INTERNATIONAL DAY FOR THE REMEMBERANCE OF THE SLAVE TRADE AND ITS ABOLITION

 

New York City Mayor Eric Adams today announced that City Hall and other municipal buildings will be lit up yellow tonight in honor of International Day for the Remembrance of the Slave Trade and its Abolition.

“Two-hundred-thirty-two years ago, the enslaved people of Haiti rose up to assert their freedom. Today, we remember the horrors of the slave trade, recognize those who helped abolish it, and demonstrate our continued commitment to the values of liberty, dignity, and equality,” said Mayor Adams. “These values have guided people for hundreds of years from Haiti to New York City, and they continue to guide us today.”

Designated by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 1998, International Day for the Remembrance of the Slave Trade and its Abolition commemorates the start of a 1791 uprising among the enslaved people of Haiti that would culminate in both the Haitian Revolution and the abolition of the slave trade. Mayor Adams acknowledges both the harrowing tragedy of the transatlantic slave trade as well as the vital role the uprising played in ending it.

In addition to City Hall, the following city buildings will be lit up yellow starting tonight at sundown:

• Bronx Borough Hall: 851 Grand Concourse, Bronx, NY 10451
• The David N. Dinkins Manhattan Municipal Building: 1 Centre Street, New York, NY 10007
• Staten Island Borough Hall: 10 Richmond Terrace, Staten Island, NY 10301

CURRENT AND FORMER CITY HEALTH DEPARTMENT EMPLOYEES CHARGED WITH STEALING GIFT CARDS MEANT FOR HIV & AIDS RESEARCH PARTICIPANTS

 

Jocelyn E. Strauber, Commissioner of the New York City Department of Investigation (“DOI”), announced the arrest yesterday of one current and one former employee of the City Department of Health and Mental Hygiene (“DOHMH”), charged with stealing a total of 108 physical and electronic gift cards that DOHMH intended to distribute to HIV prevention program participants, from June 2017 to January 2022. DOI’s investigation was prompted by an anonymous complaint about gift card fraud and was conducted jointly with the Office of Queens County District Attorney Melinda Katz, which is handling the prosecution. 

MAHBOOB BARI KHAN, 63, of New York, N.Y., a former DOHMH Deputy Director of Fiscal Administration and LISA BURGESS-THOMAS, 58, of Bronx, N.Y, a Fiscal Analyst at DOHMH, are charged with one count of Grand Larceny in the Fourth Degree, a class E felony, and Official Misconduct, a class A misdemeanor. Upon conviction, a class E felony is punishable by up to four years in prison and a class A misdemeanor by up to a year’s incarceration. On Tuesday, August 22, 2023, KHAN and BURGESS-THOMAS were arrested and arraigned in Queens Criminal Court and released on their own recognizance.

DOI Commissioner Jocelyn E. Strauber said, “These defendants were responsible for distributing gift cards that incentivize participation in critical public health programs — but instead used dozens of cards for their own benefit, according to the criminal complaints. I thank DOHMH for their cooperation in this investigation and the Queens District Attorney’s Office for its commitment to protect essential public health programs from fraud.”

Queens District Attorney Melinda Katz said, “Resources meant for the public good should never be used to line the pockets of City employees, as alleged with these Department of Health workers. Thank you to the Department of Investigation for their work on this case. My office will hold the defendants to account.” 

DOHMH Commissioner Dr. Ashwin Vasan said, “For our public health efforts to be successful, as we’ve learned with CoVID-19 and more, they must be built on a foundation of trust. If anyone - including those working on behalf of public health - violates the public trust, they must be held accountable, as in this case. Our integrity undergirds everything we do and we cannot allow it to be compromised.” 

 According to the criminal complaints, KHAN oversaw the ordering and distribution of gift cards for programs run by HIV Prevention, within the Bureau of Hepatitis, HIV and Sexually Transmitted Infections (“BHHS”), part of DOHMH’s Division of Disease Control. BURGESS-THOMAS directly reported to KHAN and was responsible for ordering, receiving and distributing both physical and electronic gift cards from the vendor Omnicard. The purpose of the gift cards is to encourage members of the public to participate in BHHS programs.

On August 18, 2020, a DOI investigator found 38 total Visa and Mastercard gift cards that were ordered for HIV Prevention on KHAN’s desk. These gift cards were valued at a total of $950 when ordered but no longer had funds on them. The investigation also found an additional 32 Amazon electronic gift cards, valued at a total of $800, that were uploaded to an Amazon account in KHAN’s name with a shipping address that matched the address in his personnel file. Based on a review of the business records of Omnicard, the investigation found another six Visa and Mastercard gift cards valued at a total of $450 that were used in KHAN’s name. KHAN admitted to using gift cards for personal transactions, including three transactions at Time Warner Cable.

 Investigators also discovered 32 purchases made with gift cards, a total of $1,505, in the name of BURGESS-THOMAS, who admitted to using DOHMH gift cards for personal use. The investigation found that purchases were made in BURGESS-THOMAS’s name from Bath and Body Works, Apple iTunes, Amazon, and Walmart.

KHAN, who began employment with DOHMH in April 1999, retired during this investigation in December 2022 with an annual salary of approximately $110,754. BURGESS-THOMAS has worked for DOHMH since June 1989 and receives an annual salary of approximately $94,847.

Criminal complaints are accusations. Defendants are presumed innocent until proven guilty.

BRONX MAN SENTENCED TO 16 YEARS TO LIFE IN PRISON FOR RAPING BRONX MOTHER IN ELEVATOR

 

Defendant Raped Woman at Knifepoint, Stole Her Money 

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to an indeterminate sentence of 16 years to life in prison for raping a woman in an elevator inside a Pelham Bay Park building.

 District Attorney Clark said, “The defendant brutally attacked the victim, who was coming home after work to her children. No woman should have to fear walking into their own building. The defendant’s actions have deeply affected her; her sense of safety and peace have been taken. My Crime Victims Assistance Bureau is providing resources to the victim and has been supporting her since the horrific attack.”

 District Attorney Clark said the defendant, Ramon Rotestan, 47, last of 3560 Webster Avenue, was sentenced on August 22, 2023 to an indeterminate sentence of 16 years to life in prison by Bronx Supreme Court Justice Laurence Busching. The defendant pleaded guilty to Attempted Rape in the first degree and Attempted Robbery in the first degree on July 25, 2023.

 According to the investigation, on May 9, 2022, the defendant followed the victim, whom he did not know, into her apartment building, then into the elevator. Rotestan demanded the victim hand over all her money at knifepoint and took $112 from her. He then patted her down and raped her in the elevator. A neighbor made noise in the hallway outside the elevator and the defendant ran away. The incident was captured on surveillance video. The defendant, who had been released from prison and had been on parole for 39 days prior to the attack, was arrested on May 12, 2022.

 District Attorney Clark also thanked Detective Shaniqua Clark and Detective Ernesto Castillo of the NYPD Bronx Special Victims Squad, and Detective Michael Gersch and Officer Mark Polak of the 49th Precinct.

Statement from NYGOP Chair Ed Cox - New York lost $1 trillion of assets under management to other states and to Governor Hochul’s low favorability ratings

 

NYGOP Chair responds to study showing New York lost $1 trillion of assets under management to other states and to Governor Hochul’s low favorability ratings

NYGOP Chair Ed Cox today released the following statement after two bombshells early this week: a comprehensive Bloomberg News study showed that New York has lost firms managing $1 trillion to states with friendlier business climates, and a Siena Poll showed that Kathy Hochul’s favorability rating is at a low of 40%.

 

“Under one-party Democrat rule in Albany and in the Big Apple, New York is a state in decline. Their tax hikes and burdensome regulations drive businesses away taking with them high-paying jobs and tax revenues. 

 

“Democrats’ failure to address our declining economy, mismanagement of their immigration crisis, failed crime policies and disastrous cannabis licensing rollout have put Governor Hochul’s favorability rating underwater. 

 

“New Yorkers deserve a government that will pave the way for job creation, prioritize sane crime policies and put an end to insane immigration policies.”