Governor Hochul Announces Major Actions To Improve Justice and Safety in City Jails

 

Signs the Less is More Community Supervision and Revocation Reform Act (S.1144A/A.5576A); 191 Individuals to be Immediately Released Having Served Their Sentences Under Less is More Standards

Announces Agreement with Department of Corrections and City to Allow for Incarcerated Individuals to be Transferred from Rikers Island to State Custody Here; 40 Individuals Per Day for at least 5 Days Sentenced to at least 90 Days to be Transferred

 Governor Kathy Hochul today announced actions to improve justice and safety in city jails. The Governor signed the Less is More Act (S.1144A/A.5576A) which modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person on parole. Governor Hochul also announced an agreement with the Department of Corrections and city to allow for incarcerated individuals who have been sentenced to at least ninety days to be transferred from Rikers Island to New York State facilities.

"Our fellow New Yorkers on parole deserve to reenter society with our support and respect - reincarcerating parolees for technical violations traps them and doesn't help our communities," Governor Hochul said. "New Yorkers currently serving sentences in jails and prisons also deserve our support - there is no justice in mistreating incarcerated New Yorkers. While this is just one step and more work needs to be done collaboratively with all levels of government, I am proud to take these steps to increase the safety in city jails, not only for those incarcerated, but for the staff who work tirelessly to keep operations running."

Lieutenant Governor Benjamin said, “I am thrilled that Governor Hochul is signing this historic parole reform bill today. When I was the state senator from Harlem, I introduced the Less Is More Act because the problem of mass incarceration had harmed our communities, and I knew we could have a safer, fairer, more just and equitable parole system in New York. I fought for years alongside the Less Is More coalition to get this bill through the legislature, and this year we finally did it. Today, as Lt. Governor, I am proud to stand with our Governor as she signs this bill into law. Through the Less is More Act, we can strengthen public safety -- that's why it's supported by District Attorneys and Sheriffs from around the state. And we can focus on racial justice and more effective reentry for people coming home from prison on parole -- that's why it's supported by more than 300 groups from every corner and region of our state. Over time, this bill will save the state hundreds of millions of dollars each year, and those funds can be more effectively focused on creating a stronger, safer New York for all, in every region of our state. I would like to thank our partners in the legislature for their work, and I would also like to thank all the community organizations that worked so hard to get this bill passed, in particular the Katal Center for Equity, Health, and Justice; Unchained; and A Little Piece of Light.”

Signs and Implements Less is More Legislation

The Less is More Act aims to ensure the Department of Corrections and Community Supervision focuses its resources on helping people successfully complete community supervision and avoiding future return to DOCCS custody or supervision.

Preventing these reincarcerations allows New York State to focus its limited resources on substantive parole violations. This promotes greater community safety and justice for families.

In addition, with the Governor signing the "Less is More" bill, in the spirit of this new legislation, DOCCS is currently reviewing the current parole violators and will work with City officials to immediately release up to 191 individuals, who will no longer qualify for incarceration.

Agreement with City of New York

The Department of Corrections and Community Supervision has worked with the City of New York to leverage an existing statute that will allow for hundreds of definite sentenced incarcerated individuals, which are those sentenced to at least one day but less than one year, to be transferred from Rikers Island to State custody, where they will serve out their sentences in DOCCS facilities. 

Governor Hochul is also directing that forty individuals sentenced to at least ninety days be sent off of Rikers Island each day to New York State facilities for the next five days. This will continue on a rolling basis for those eligible.

Food Distribution at Brady Court Friday 1 PM Assemblywoman Nathalia Fernandez, Presumed Councilwoman Marjorie Velazquez.

 

Alleged Gang Member Indicted on First-Degree Rape and Other Charges in Attack on 70-Year-Old Woman

 

Defendant, a Parolee, Raped Victim at Gunpoint

 Bronx District Attorney Darcel D. Clark today announced that an alleged Crips gang member has been indicted for Predatory Sexual Assault, first-degree Rape and additional charges for the gunpoint rape of a 70-year-old woman in her Bronx apartment building. 

 District Attorney Clark said, “The defendant, a parolee, is charged with allegedly raping a defenseless, 70-year-old woman in her Bronx home. His actions were unspeakable and depraved. We will seek justice for the victim, who has suffered horrific trauma.” 

 District Attorney Clark said the defendant, Reginald Bellot, 28, of 666 East 181st Street, was arraigned today on three counts of Predatory Sexual Assault, two counts of first-degree Rape, first-degree Criminal Sexual Act, two counts of first-degree Sexual Abuse, two counts of third-degree Rape, third-degree Criminal Sexual Act, first-degree Burglary, two counts of second-degree Burglary, and two counts of fourth-degree Criminal Possession of a Weapon before Bronx Supreme Court Justice Laurence Busching. Remand was continued and he is due back in court on December 7, 2021.

 According to the investigation, at approximately 2:30 a.m. on July 27, 2021, the defendant followed the victim and threatened her with a gun to gain entrance into her Bronx apartment building. Inside a stairwell, Bellot allegedly raped the victim, then threatened her with a gun to get into her apartment, where he raped her again and forced her to perform sexual acts on him.

 District Attorney Clark thanked the Bronx Special Victims Squad, specifically NYPD Detectives Crystal Soto and Carolyn Tully.

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

Attorney General James Delivers Justice For New Yorkers Burned by Food Festival Fraudster

 

Notorious Event Producer Banned From Producing Events, Ordered To Pay More Than $310,000 in Restitution and Penalties

 New York Attorney General Letitia James announced that she has permanently banned event producer Ishmael Osekre from producing events and festivals in the state of New York. Osekre — who operated his business under African Food Festival, LLC — scammed thousands people who bought tickets to the New York City African Food Festival in 2016 and the New York City Pizza and Burger Festivals in 2017 by deceiving them into paying for food and entertainment that were never provided. Osekre also cheated the production staff, vendors, and contractors that he hired for the events by not paying them or issuing bad checks to those who refused to work without payment. Osekre is required to pay more than $310,000 in restitution and penalties, $111,198 of which are for consumers who were affected.

“Ishmael Osekre’s fraudulent schemes were an epic recipe for disaster that scammed New Yorkers out of their time and money,” said Attorney General James. “Today’s order bans this shameless individual from ever carrying out this type of illegal business in our state. Let this serve as a warning to all fraudsters that their attempts to cheat our communities will be brought to light and will not go unpunished. My office will continue to use every ounce of the law to hold those accountable and ensure that New Yorkers are not burned again.”

In October 2017, the Office of the Attorney General (OAG) initiated an investigation after receiving dozens of complaints related to the New York City Pizza Festival and the New York City Burger Festival. Complainants — who bought tickets on websites like EventBrite and GoldStar based on false online ads featuring unlimited food samples — were upcharged for VIP packages, drinks, games, and other forms of entertainment. Upon looking further into Osekre’s business practices, the OAG found that he had also scammed ticket holders and vendors in the New York City African Food Festival a year prior in similar fashion. 

Throughout the investigation into Osekre’s fraudulent practices, OAG staff gathered evidence that included numerous online Facebook ads, Osekre’s personal and ticket-selling websites, screenshots of tickets, copies of emails and failed checks, and testimony from dozens of defrauded ticket holders and vendors.

The 2016 African Food Festival sold thousands of tickets and generated more than $100,000 in revenue. However, Osekre kept all of the proceeds and did not issue any refunds, even after the flood of complaints. Ticket holders for the 2017 Burger and Pizza Festivals were able to submit enough complaints to raise flags for ticket sellers EventBrite and GoldStar, so these companies refunded the ticket costs back to more than 1,100 affected consumers.

The court order — granted by Judge Francois A. Rivera in Kings County Supreme Court — enjoins Osekre from being involved in event production or festival production in the state of New York pursuant to Executive Law § 63(12) and New York state General Business Law Article 22-A. Osekre is also required to pay a total of $311,398 in restitution and penalties, $111,198 of which will be for consumers who were affected and $150,000 for the state of New York. In order for Osekre to continue to work at any festival or at any event, he must pay off the financial obligations and obtain a $500,000 performance bond.

Manhattan U.S. Attorney Announces Additional Distribution Of More Than $568 Million To Victims Of Madoff Ponzi Scheme

 

Payments Are the 7th Distribution in a Series of Payments That Together Will Constitute the Largest Payment of Forfeited Funds in the History of the Department of Justice’s Victim Compensation Program

 Attorney General Merrick Garland, Audrey Strauss, the United States Attorney for the Southern District of New York, and Kenneth A. Polite Jr., the Acting Assistant Attorney General of the Justice Department’s Criminal Division, announced today that the Madoff Victim Fund established by the Department of Justice began its seventh distribution to victims of funds forfeited to the United States Government in connection with the Bernard L. Madoff Investment Securities LLC (“BLMIS”) fraud scheme.  The distribution will include approximately $568 million in additional funds, bringing the total distributed to date to over $3.7 billion.  The additional funds will be sent to nearly 31,000 victims worldwide, the seventh payment to victims that will bring their total recovery from all sources of compensation to 81.35 percent of their losses.  Additionally, more than 2,600 victims will receive their first payment in this distribution.  The Madoff Victim Fund will ultimately return to victims more than $4 billion in assets that have been recovered as compensation for losses suffered by the collapse of BLMIS, following the largest fraud in history.  Another $5 billion in assets recovered by the U.S. Attorney’s Office are being separately paid to Madoff victims through the BLMIS Customer Fund administered by the Securities Investor Protection Act Trustee.

Manhattan U.S. Attorney Audrey Strauss said: “This Office continues to seek justice for victims of history’s largest Ponzi scheme.  The additional payment of more than $568 million by our Office and the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section represents the seventh in a series of distributions that will leave victims with compensation for more than 81 percent of their losses.  But our work is not yet finished, and the Office’s tireless commitment to compensating the victims who suffered as a result of Madoff’s heinous crimes continues.”

Acting Assistant Attorney General Kenneth A. Polite Jr. said: “This distribution provides nearly 31,000 victims additional financial recovery from the egregious crimes committed by Bernard Madoff.  The Department’s continued efforts to ensure justice for victims of crime is demonstrated through the ongoing Madoff remission process and the billions given back to innocent victims worldwide.” 

Since the early 1970s, BERNARD L. MADOFF (“MADOFF”) used his position as Chairman of BLMIS, the investment advisory business he founded, to steal billions from his clients.  On March 12, 2009, MADOFF pled guilty to 11 federal felonies, admitting that he had turned his wealth management business into the world’s largest Ponzi scheme, benefitting himself, his family, and select members of his inner circle.  On June 29, 2009, United States District Judge Denny Chin sentenced MADOFF to 150 years in prison for running the largest fraudulent scheme in history.  Judge Chin ordered MADOFF to forfeit $170,799,000,000 as part of MADOFF’s sentence.   

The Madoff Victim Fund is funded through recoveries by the U.S. Attorney’s Office in various criminal and civil forfeiture actions, and is overseen by Richard Breeden, the former chairman of the United States Securities and Exchange Commission, in his capacity as special master appointed by the Department of Justice to assist in connection with the victim remission proceedings.

Of the approximately $4.05 billion that will be made available to victims through the Madoff Victim Fund, approximately $2.2 billion was collected as part of the civil forfeiture recovery from the estate of deceased MADOFF investor Jeffry Picower.  An additional $1.7 billion was collected as part of a Deferred Prosecution Agreement with JPMorgan Chase Bank N.A. for MADOFF-related Bank Secrecy Act violations.  Additional funds were collected through criminal and civil forfeiture actions against MADOFF and his co-conspirators, and certain MADOFF investors.

Ms. Strauss praised the work of the Federal Bureau of Investigation and the Madoff Victim Fund, and thanked the Money Laundering and Asset Recovery Section of the Department of Justice’s Criminal Division for their assistance.

For more information about the Madoff Victim Fund, compensation to victims of BLMIS, eligibility criteria, and payment information, please visit www.madoffvictimfund.com or phone 866-624-3670.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 16, 2021

 

58,682 Vaccine Doses Administered Over Last 24 Hours

34 COVID-19 Deaths Statewide Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

"New York State is taking decisive action to keep children and their parents safe with new comprehensive masking requirements, but that's not enough to put the COVID-19 pandemic behind us—we need to increase the vaccination rate," Governor Hochul said. "We're putting more energy and effort into addressing the 12- to 17-year-old population and we continue to make the vaccine available at sites across the state. Get vaccinated today and protect your friends, family and community from COVID-19."

Today's data is summarized briefly below:

• Test Results Reported - 198,053
• Total Positive - 6,729
• Percent Positive - 3.40%
• 7-Day Average Percent Positive - 3.16%
• Patient Hospitalization - 2,374 (-50)
• Patients Newly Admitted - 274
• Patients in ICU - 562 (-6)
• Patients in ICU with Intubation - 305 (+3)
• Total Discharges - 197,070 (+293)
• New deaths reported by healthcare facilities through HERDS - 34
• Total deaths reported by healthcare facilities through HERDS - 44,070

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.

• Total deaths reported to and compiled by the CDC -- 56,153

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.

• Total vaccine doses administered - 24,499,103
• Total vaccine doses administered over past 24 hours - 58,682
• Total vaccine doses administered over past 7 days - 368,198
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 79.5%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 71.8%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 82.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 73.6%
• Percent of all New Yorkers with at least one vaccine dose - 67.2%
• Percent of all New Yorkers with completed vaccine series - 60.5%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 69.4%
• Percent of all New Yorkers with completed vaccine series (CDC) - 62.0%

Bronx Dems - Join us for Marjorie Velázquez's Campaign Office Opening Day of Action

 

Dear friend,

Join us to support Marjorie Velázquez's Campaign Office Opening Day of Action this Saturday, September 18, 2021, at 1 pm at 3040 East Tremont Ave, Bronx, NY 10461 (between Ericson Place and Dudley Ave). We will join Marjorie, family, friends, supporters, and community leaders to get the word out about the general election on November 2nd and supporting Marjorie as the Democratic nominee. Snacks and refreshments will be provided.

What: Marjorie Velázquez's Campaign Office Opening Day of Action When: Saturday, September 18, 2021, at 1 pm Where: 3040 East Tremont Ave, Bronx, NY 10461 (between Ericson Place and Dudley Ave)

Sign up here!

Attorney General James and State Police Superintendent Bruen Announce Prison Sentence in Million-Dollar Construction Fraud Scheme

 

Shawn M. VanVeghten, Owner of Upstate Construction Companies that Defrauded Homebuyers Out of More Than $1 Million, Sentenced to 2 1/3 to 7 Years in Prison

  New York Attorney General Letitia James and New York State Police Superintendent Kevin P. Bruen announced the sentencing of Shawn M. VanVeghten (39, of Saratoga Springs) for defrauding homebuyers, business owners, a financial lender, and the beneficiary of a special needs trust out of more than $1 million to finance his own personal and business expenses. VanVeghten’s multi-year scheme — that took place between 2016 and 2020 — left many homebuyers across upstate New York without the ability to get into their homes when promised, if at all. Today, before the Honorable James A. Murphy, III in Saratoga County Court, VanVeghten was sentenced on his convictions for Money Laundering in the Second Degree (a class C felony) and Scheme to Defraud in the First Degree (a class E felony) to 2 1/3 to 7 years in state prison. 

“New Yorkers spend their lives saving for their dream home, so those who steal only to leave our state’s residents struggling to keep a roof over their heads will see the full force of our office come down on them,” said Attorney General James. “Shawn VanVeghten defrauded more than $1 million from New Yorkers just to finance his own expenses. Now Mr. VanVeghten will spend the next several years with a jail cell as the only roof over his head. New Yorkers can trust that I will protect their homes and their wallets from criminals seeking to take advantage of them. I thank the New York State Police for its partnership in finally putting away this repeat offender.”

“I commend our members and the New York Attorney General’s Office for holding Shawn VanVeghten accountable for his crimes,” said Superintendent Bruen. “He promised to build dream homes for his victims, but instead he took more than a million dollars of their hard-earned money and used it for his own benefit. We will simply not tolerate this type of reprehensible behavior.”

Today’s sentencing followed a conviction made possible by a joint investigation between the Office of the Attorney General (OAG) and the New York State Police’s (NYSP) Financial Crimes Unit, with assistance from the Saratoga County Sheriff’s Department and both the Saratoga County and Warren County District Attorneys’ Offices. The joint investigation revealed that VanVeghten engaged in a money laundering scheme aimed at promoting his businesses at the expense of homebuyers, business owners, a financial lender, and the beneficiary of a special needs trust.

According to the OAG’s felony complaint, VanVeghten laundered over $1 million through two construction companies he owned or operated — VanVeghten Construction, LLC and Union Modular Homes, LLC — both based in Wilton, New York. 

VanVeghten was arraigned in Wilton Town Court in September 2020 on a series of felony and misdemeanor complaints before the Honorable Matthew Coseo. Subsequently, on December 8, 2020, VanVeghten was arraigned on the charges of Money Laundering and Scheme to Defraud, also before the Honorable Coseo in Wilton Town Court.

As part of his guilty plea in December of 2020, VanVeghten admitted that, from at least July 2016 to May 2020, he engaged in a scheme to defraud homebuyers and others and laundered monies embezzled from these victims. During this time period, VanVeghten received monies from homebuyers that were intended to build their dream homes, as well as from a lender in connection with other property development projects.

However, instead of using these funds for designated projects, VanVeghten diverted the monies for personal use, as well as to pay off business expenses. VanVeghten also engaged subcontractors and suppliers for labor and materials for various construction projects, while failing to pay them.

Additionally, over a three-year period, VanVeghten misappropriated almost $200,000 from a special needs trust established for the benefit of a disabled family member. VanVeghten used these stolen monies to replenish more than $1 million in funds that he had previously misappropriated from homebuyers in order to satisfy his outstanding business debts, to repay loans, and to pay his own personal expenses. In total, VanVeghten diverted over $400,000 for his own personal use, including to purchase and renovate an investment property in Schenectady County, pay for office space in the Town of Wilton, pay down his personal mortgage, and cover various other personal expenses, including dining, entertainment, and clothing.

In one instance, a homebuyer paid over $500,000 for the construction of a modular home in the Town of Adirondack, New York. Following numerous delays, in late 2018, the manufacturer finally delivered the components to the homebuyer’s property and found there was not even a sufficient foundation upon which to build. As a result, the homebuyer had to hire a subsequent contractor and still has yet to have his home built. In reality, this homebuyer’s funds were misappropriated by VanVeghten to further other projects where funds had been previously stolen. An NYSP audit of VanVeghten’s bank accounts revealed that he conducted hundreds of similar transactions on a near-continuous basis, utilizing new funds received from homebuyers, a lender, and the special needs trust in a Ponzi-like scheme to replace previously embezzled funds. As a result, homebuyers were unable to get into their homes when promised, if ever at all. Some of those victims appeared and described the extent of their financial distress to the court at sentencing.

VanVeghten was today sentenced to 2 1/3 to 7 years in prison and also signed judgments in favor of his victims totaling $1 million, including $100,000 in up-front restitution.

The OAG recommends practicing the following tips to protect against becoming a victim of a home improvement scam: 

• Shop around: Get at least three estimates from reputable contractors that include specific information about the materials and services to be provided for the job.
• Get it in writing: Insist on a written contract that includes the price and description of the work needed.
• Don't pay unreasonable advance sums: Negotiate a payment schedule tied to the completion of specific stages of the job. Never pay the full price up front.
• Get references: Check with the Better Business Bureau, banks, suppliers, and neighbors. Always contact references. Residents of New York City, or Westchester, Nassau, or Suffolk counties can check their local consumer affairs office.
• Know your rights: Consumers have three days to cancel after signing a contract for home improvements. All cancellations must be made in writing.

Any New York resident who believes they have been scammed as part of a home improvement contract should submit a complaint to the OAG immediately with as many details as possible.

The OAG wishes to thank the Financial Crimes Unit of the NYSP for their invaluable assistance and audit work throughout this case, as well as their help in the investigation. The OAG also wishes to thank the Warren and Saratoga County District Attorneys’ Offices and the Saratoga County Sheriff’s Department for their help in this investigation.