Thursday, September 28, 2023

Governor Hochul Signs Legislative Package to Extend Protections Against Human Trafficking in New York State

FY 2024 Budget Included $2.3 Million That Was Recently Awarded to Human Trafficking Victim Service Providers

 Governor Kathy Hochul today signed into law a legislative package that expands the New York State Interagency Task Force on Human Trafficking in members and length of duty to ensure the work the task force does can continue uninhibited. The Governor also signed legislation that ensures transportation hubs across the state are displaying information that may be of use to victims of human trafficking, providing them information on services available. Additionally, Governor Hochul highlighted $2.3 million that was recently awarded to contractors that provide services to survivors and victims of human trafficking across the state.

“Human trafficking is a nightmare no one should have to experience - even one victim is too many,” Governor Hochul said. “I am proud to sign this legislation to protect the thousands of individuals who fall victim to human trafficking, and I want thank my partners in the legislature for their work in getting these bills through to the finish line.”

Human Trafficking Services Awareness
To expand on New York State’s commitment to support and protect victims of trafficking, Legislation S.4263/A.3227 requires Port Authority airports to provide information that may be useful for human trafficking victims in lactation rooms. Legislation S.5527/A.3720 requires MTA facilities to post information that may be of use to victims of human trafficking. Legislation S.6213/A.4264 requires truck stops to post information that may be useful to victims of human trafficking in lactation rooms. Legislation S.6214/A.4265 requires commercial service airports to post information for human trafficking services in lactation rooms. Legislation S.5827/A.4586 requires service areas maintained and operated by the New York State Thruway Authority provide information regarding services available to human trafficking victims in lactation rooms. Legislation S.4267/A.4669 requires Port Authority bus terminals to provide information regarding services available to human trafficking victims in lactation rooms.

Expanding the Interagency Task Force on Human Trafficking
Legislation S.7451/A.7360 adds the New York Secretary of State to the members of the Interagency Task Force on Human Trafficking. Currently, the State agency members of the task force are the commissioner of the Division of Criminal Justice Services, the commissioner of the Office of Temporary and Disability Assistance, the Commissioner of the Department of Health, the commissioner of the Office of Mental Health, the commissioner of the Department of Labor, the commissioner of the Office of Children and Family Services, the commissioner of the Office of Addiction Services and Supports, the director of the Office of Victim Services, the executive director of the Office for the Prevention of Domestic Violence, and the superintendent of the New York State Police.

This legislation also extends the task force for an additional four years to ensure the work done by the task force to prevent, reduce and assist human trafficking survivors continues uninterrupted.

Legislation S.395/A.5505 directs the Interagency Task Force on Human Trafficking to investigate connections between social media and human trafficking.

The Office of Temporary and Disability Assistance operates the Response to Human Trafficking Program (RTHP), which supports service providers throughout the state to provide case management and services to confirmed victims of trafficking. Today, RHTP supports 11 service providers throughout New York State. Services are responsive to individual needs and goals, and can include emergency services such as shelter, transportation, food assistance and phone access, medical services, clothing, etc. Providers also work with trafficking survivors to identify and support longer-term goals, such as health care and mental health services, employment services, and transitional to longer-term housing.

Through RHTP, $2.3 Million has recently been awarded to the following providers statewide serving survivors of human trafficking:

Contractor 

Region 

Award 

Safe Horizon, Inc. 

NYC 

$500,000.00 

Sanctuary for Families 

NYC 

$379,000.00 

Restore NYC 

NYC 

$319,500.00 

My Sister's Place, Inc. 

Westchester 

$275,000.00 

Empowerment Collaborative of Long Island Inc. 

Suffolk 

$200,000.00 

Catholic Charities of Long Island 

Nassau 

$124,250.00 

International Institute of Buffalo 

Erie 

$167,208.00 

Safe Inc of Schenectady 

Schenectady 

$197,099.00 

People Against Trafficking Humans Incorporated 

Erie 

$49,581.00 

Unity House of Troy Inc. 

Rensselaer 

$113,000.00 

Safe Harbors of the Finger Lakes Inc. 

Ontario 

$72,362.00 



The Division of Criminal Justice Services (DCJS) works with law enforcement to ensure that all recruits receive human trafficking training as part of their basic training. In 2022, about 2,500 recruits received training on human trafficking as part of their basic course instruction, including training on how to make a referral for New York State confirmation. Since the beginning of 2023, DCJS, in consultation OTDA, has confirmed 240 trafficked persons in New York State, connecting them with essential services and resources. The state confirmed 249 trafficked persons in 2022, and 295 in 2021.

As of July 20, 2023, lodging facilities in New York State are required to provide training on identifying and reporting human trafficking to all staff who are likely to interact or come into contact with guests. DCJS has been in contact with important players in the hospitality industry—including Marriott, Hilton, and the New York State Hospitality and Tourism Association—and has worked with our OTDA partners to draft appropriate state training materials.

The state Municipal Police Training Council, to which DCJS provides staff, was required by law to develop and issue a Human Trafficking Model Policy that law enforcement could use as a framework for their own policy. The policy was first adopted in 2016 and updated in 2021.


MAYOR ADAMS MAKES PUBLIC SAFETY-RELATED ANNOUNCEMENT

 

Mayor Eric Adams: Thank you so much. I'm Mayor Adams, and I'm joined by District Attorney Bragg and the Police Commissioner, Commissioner Caban, and our support teams.

 

It does not give us any joy in coming here to talk about another case where a home daycare provider had children in a dangerous environment. And as we lay out this case and answer the questions from the Department of Health and Mental Hygiene to give clarity on the roles we are playing, we just want to really say to the parents who are dropping their children off every day to these centers that we are going to remain vigilant.

 

We are going to continually modify the rules — like they have been modified throughout the years — to stay ahead of bad people that are doing bad things in environments where our children are. Who would have thought that we must add to our list of inspections, do we have 3D printers that can print guns? Do we see the presence of various items like fentanyl and other items. These new methods of creating unsafe environments demand that we stay ahead of those who are doing terrible things in centers where we place our children.

 

This is a terrible case, we saw the presence of fentanyl in the Bronx, and just really want to commend the law enforcement officers and the first responders who immediately made apprehensions. I believe we picked up one of the last people involved, if not more. We will continue to pursue that. But now we're finding in addition to fentanyl that in a similar setting we've seen the presence of ghost guns and devices that appear to make those guns.

 

And so there is a law enforcement arm that we are going to continue to pursue. There are things that the Department of Health and Mental Hygiene that we are going to sit down with the group, a small working group, to look at what we must do legislatively, what we must do in enhancing the types of inspections that we do and continuing education.

 

And then there's an educational component that we are going to roll out with families, because many of us that are parents are not familiar with some of the new devices that are being used to make guns or to store narcotics or drugs or opioids, and we need to really support families and parents on what they should look for in their household.

 

I remember years ago when I was a state senator I put out the video of what to look through in your child's room, and many people, you know, criticized me for doing so, but it's an educational material. It is unfair that parents are having this awesome responsibility while social media is teaching children how to do dangerous things, we need to teach parents how to stay one step ahead, and that is what we're going to do. I did it as a state senator, a borough president and I'm going to continue to do it as the mayor to give parents the tools that they need.

 

This is a heartbreaking scenario of thinking that you're dropping your child off to a place of safe haven just to find out that it was a dangerous environment where someone was making a gun inside. And again, I want to thank the men and women of the New York City Police Department for moving in a rapid pace, and the district attorney's office and the judge for taking the steps that we needed to further this investigation.

 

And we're going to work united: we are clear that we must protect children in this city, and we're going to lead the entire country with some of the methods that we will put in place to carry out this awesome responsibility. Police Commissioner Caban?

 

Police Commissioner Edward Caban: Thank you very much, Mr. Mayor, and thank you all for coming. Disrupting the flow of illegal guns has been a top priority for this administration since day one, and when it comes to taking conventional guns off our streets, the NYPD is doing a fantastic job, taking in excess of 12,000 illegal firearms since January of 2022.

 

We have also been tracking an emerging trend involving Polymer P80 guns; or, ghost guns, as they are called. These plastic guns have been showing up more and more, demanding the attention of our intelligence division; in fact, a specialized team was created to go after those who sell and purchase ghost guns in New York City. We have also had great success in this area, and Deputy Commissioner Weiner will get into specifics shortly.

 

With the world of guns continues to evolve, criminals are always searching for ways to avoid the police, and the new frontier is 3D printing. 3D guns, 3D printed guns are among the easiest ways to obtain a gun. They can be made in your home; they can be made anonymously; and they are cheap, costing a fraction of the price for a traditional firearm or even a P80 firearm. 3D printed guns have dedicated online forums explaining how they work; and as today's arrest shows, these types of guns have captured the attention of our kids.

 

The NYPD is not going to stand by and allow this emerging trend to take hold of our city. Today's a call to action. We are talking to the parents. Please check out what kids are up to, monitor their Internet activities. We are also speaking to those who think printing 3D guns is the wave of the future. You are wrong. The NYPD is dialed in on this trend. We will hold anyone accountable who emerged in these crimes.

 

I want to commend Inspector Nilan and her team for their tireless work. These cases are not easy. So much goes into tracing the online footprints of the suspects. Of course, once the case is made, we rely on our strong partnerships with the prosecutor to hold the suspects accountable.

 

Today we stand with the Manhattan district attorney, Alvin Bragg whose presence here sends a clear message: there is a united front on this issue and all matters of public safety. Together we continue to protect New Yorkers and make the safest big city in America even safer. Thank you. Now I'll turn it over to Deputy Commissioner Weiner.

 

Deputy Commissioner Rebecca Weiner, Intelligence and Counterterrorism, Police Department: Good morning… Or afternoon, rather, everyone. Rebecca Weiner, I'm NYPD's deputy commissioner for Intelligence and Counterterrorism.

 

Yesterday, members of the Intelligence Division's Major Case Field Intelligence team in coordination with the Manhattan district attorney's office executed three search warrants in Manhattan North related to a long term investigation into the manufacture and sale of Privately Made Firearms — what are called PMFs — in New York City.

 

These warrants resulted in the arrest of three individuals including two minors, and the recovery of multiple 3D printed firearms. This is an ongoing investigation and the information that we're going to present to you today is preliminary in nature.

 

What I can say is that our investigation began with a group of individuals including some minors who are purchasing ghost gun parts from online retailers as well as materials and filaments required to print 3D firearm components. Some of the purchases were made through fraudulent means, including the alleged identity theft of multiple victims across the United States.

 

During the analysis of the evidence recovered during the first two search warrants, investigators determined that an individual identified as 18-year-old Karon Coley was also involved in the 3D printing of firearms. Acting swiftly on this new intelligence, our detectives worked with the Manhattan DA's office to execute an additional search warrant for Mr. Coley's residence.

 

It's important for us to underline that this private residence located in the 25th precinct is also a licensed daycare operated by the subject's mother. Inside this daycare facility, investigators recovered a 3D printer, 3D printing tools and plastic filament, two completed 3D printed firearms, one 3D printed assault pistol in the final stages of assembly, and one additional 3D printed lower receiver.

 

Mr. Coley was arrested at the location. Investigators also found an obviously maltreated and neglected dog. The NYPD's Animal Cruelty Unit responded and removed the dog for evaluation. The circumstances around these galling arrests are part of a larger trend into what's become a global problem; namely, the manufacture and sale of Privately Made Firearms — or, PMFs — which include ghost guns as well as 3D printed firearms.

 

When made well, ghost guns and 3D printed firearms operate just like commercial firearms. In the hands of teenagers, they can inflict just as much violence. This is a growing trend in New York City, and one that our Major Case Field Intelligence Team has been at the forefront of grappling with for the past several years.

 

We take an intelligence based approach to identifying and disrupting individuals who are engaged in the manufacture and sale of PMFs with the aim of intercepting guns before they make it to the streets. We follow the data where it leads us, and the data is alarming: within the last three years, the number of PMFs and gun parts that we've recovered has increased significantly.

 

In 2021, the NYPD recovered 260 PMFs...263. Last year's number was almost double that, 436 recoveries. Year to date, the NYPD has recovered 290 PMFs. Compared to last year, we've recovered three times as many 3D printed firearms this year, and the year is not over yet.

 

Since 2021 inception of what we at the NYPD like to refer to as Inspector Courtney Nilan's ghost gun team, we've recovered 500 PMFs and enough additional parts to construct 200 more. All of these guns and gun parts could have resulted in violence in our communities.

 

We couldn't have done and don't do any of this alone. Our approach to combating the scourge of PMFs relies on relentless collaboration with our federal, state and local partners. We also want to recognize the New York State Police, HSI, CBP and ATF for their partnership. 


Wednesday, September 27, 2023

Emergency Executive Order 499 September 27, 2023

 

WHEREAS, over the past several months, thousands of asylum seekers have been arriving in New York City, from the Southern border, without having any immediate plans for shelter; and

WHEREAS, the City now faces an unprecedented humanitarian crisis that requires it to take extraordinary measures to meet the immediate needs of the asylum seekers while continuing to serve the tens of thousands of people who are currently using the DHS Shelter System; and

WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in Emergency Executive Order No. 224, dated October 7, 2022; and

WHEREAS, the state of emergency based on the arrival of thousands of individuals and families seeking asylum, first declared in Emergency Executive Order No. 224, dated October 7, 2022, and extended most recently by Emergency Executive Order No. 491, dated September 7, 2023, remains in effect;

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby order that section 1 of Emergency Executive Order No. 497, dated September 22, 2023, is extended for five (5) days.

  • 2. This Emergency Executive Order shall take effect immediately and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date.

Eric Adams
Mayor

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates

 

Dear Neighbor,

 

Thank you for joining us for another week in review. 


Yesterday, we were proud to announce the release of the Kingsbridge Armory RFP (Request for Proposal) for a developer to lease, redevelop, and operate the largest armory in the nation. Last week, I joined with my colleagues in government and our Bronx community to celebrate the launch of the “Together for Kingsbridge” Vision Plan, the culmination of nine months of engagement with over 4,000 members of the local community! We hope that the vision plan will serve as a blueprint for whoever receives this RFP to truly reimagine this historic space. You can click here for more information.


This past Sunday, the MTA announced a free-fare bus pilot program with one free-fare bus line in each borough. The BX 18 was selected in the Bronx and we are hopeful that the success of this program will lead to even more bus lines being included in this important initiative to eliminate barriers for Bronxites to access public transportation in our city. I want to thank the MTA and my colleagues in Albany for their work in pushing this important program forward.


Lastly, we want to send our condolences and prayers of comfort to the family of the one-year-old child who died from a toxic opioid exposure last week. We were heartbroken and outraged by the news of this incident and we hope our residents and families will join us in sending love to this grieving family. No parent should have to experience this pain and we will continue our work to combat this opioid issue in our communities that has claimed the lives of too many.


As always, if you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

 

In partnership,

Bronx Borough President Vanessa L. Gibson


IN THE COMMUNITY

I was proud to join with Department of Transportation Commissioner Ydanis Rodriguez, elected officials, and community advocates to celebrate the completion of the redesign of Soundview Avenue in the East Bronx. The project includes 1.5 miles of new parking-protected bike lanes and a redesign that enhances safety for all road users.



During my time at the NYC Council, I championed the Jerome Neighborhood Plan & and fought to ensure that it benefitted our local community. I was proud to join with Services for the Underserved for a tour of Starhill Phase 1 & and the Jerome Court - both of which were commitments from the Jerome Avenue Neighborhood Plan.


Starhill Phase 1 will consist of a 14-story multifamily building and a connected one-story amenity building. The new building will include 200 apartments reserved for homeless single adults and the remaining 126 apartments will be reserved for households earning between 30 and 80 percent of the Area Median Income.


UPCOMING EVENTS 



Justice Department Files Complaint Alleging Environmental Violations by eBay

 

Lawsuit Alleges that eBay Sold Unlawful Pesticides, Prohibited Products Containing a Restricted Chemical and Illegal Devices that Defeat Pollution Controls on Motor Vehicles

The Justice Department filed a complaint against eBay Inc. today for unlawfully selling and distributing hundreds of thousands of products in violation of the Clean Air Act (CAA); the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA). The complaint was filed on behalf of the U.S. Environmental Protection Agency (EPA) in federal court in Brooklyn.

The complaint alleges that eBay sold, offered for sale or caused the sale of more than 343,000 aftermarket defeat devices, which defeat motor vehicle emission controls, a violation of the CAA. Aftermarket defeat devices significantly increase pollution emissions – including carbon monoxide, nitrogen oxides, particulate matter and nonmethane hydrocarbons – that harm public health and impede efforts by the EPA, states, Tribes and local agencies to plan for and attain air quality standards.

The complaint also alleges that eBay has violated FIFRA by unlawfully distributing or selling at least 23,000 unregistered, misbranded or restricted-use pesticide products, even in violation of a stop sale order EPA issued to eBay in 2020 and amended in 2021. Examples include a high toxicity insecticide banned in the United States, restricted use pesticides that only certified applicators may apply and products fraudulently claiming to protect users against the SARS-CoV-2 virus.

Finally, the complaint alleges that eBay has distributed over 5,600 items in violation of the TSCA Methylene Chloride Rule. The rule prohibits retailers from distributing in commerce products that contain methylene chloride for paint and coating removal to prevent unreasonable risks, including death, presented by these types of products.

“Laws that prohibit selling products that can severely harm human health and the environment apply to e-commerce retailers like eBay just as they do to brick-and-mortar stores,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We are committed to preventing the unlawful sale and distribution of emissions-defeating devices and dangerous chemicals that, if used improperly, can lead to dire consequences for individuals and communities.”

“Our nation’s environmental laws protect public health and the environment by prohibiting the unlawful sale of defeat devices; unregistered, misbranded and restricted use pesticides; and unsafe products containing toxic chemicals such as methylene chloride,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “The complaint filed today demonstrates that EPA will hold online retailers responsible for the unlawful sale of products on their websites that can harm consumers and the environment.”

“eBay’s sale of emission control defeat devices, pesticides and other unsafe products poses unacceptable risks to our communities disproportionately impacted by environmental and health hazards,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Together with our partners, this office will vigorously enforce federal law against those whose conduct endangers public health and the environment.”

The complaint seeks a court order that eBay’s business practices as an e-commerce retailer violated the CAA, FIFRA and TSCA and requests injunctive relief to enjoin eBay from further violations of these laws, as well as civil penalties for CAA violations.

The lawsuit, filed in U.S. District Court for the Eastern District of New York, is being handled by Senior Attorney James Freeman for ENRD’s Environmental Enforcement Section and by Assistant U.S. Attorneys Michael Blume and Paulina Stamatelos for the Eastern District of New York.

Recidivist Defendant Sentenced To Six Years In Prison For Orchestrating Million-Dollar Fraud Scheme Targeting Senior Executives Of Investment Firms

 

Jonathan Ghertler Also Impersonated the Partner of a Global Law Firm on Telephone Calls with Federal Agents Investigating His Scheme

Damian Williams, the United States Attorney for the Southern District of New York, announced today that JONATHAN GHERTLER was sentenced by U.S. District Judge Edgardo Ramos to six years in prison in connection with his scheme to impersonate senior leaders of two Manhattan-based investment firms, resulting in over $1 million in losses to their portfolio companies, and to impersonating a partner of a global law firm on telephone calls with federal law enforcement agents who were investigating the scheme.  GHERTLER previously pled guilty to one count of wire fraud and one count of making false statements.

“Jonathan Ghertler orchestrated a sophisticated impersonation scheme by posing as prominent financiers and lawyers.  He duped companies out of over $1 million.  He also obstructed justice by brazenly impersonating a partner of a global law firm and urging federal agents to drop their investigation.  But he did not get away with it.  As today’s sentence demonstrates, serial fraudsters like Ghertler will be caught and held to account for their crimes.”

According to the Indictment and other filings and statements made in court:

From at least in or about December 2021, up to and including at least June 2022, GHERTLER impersonated the General Counsel of a global private equity firm (the “Private Equity Firm”).  In doing so, GHERTLER fraudulently caused the Private Equity Firm’s portfolio companies to pay at least $200,000 to fund a non-existent internal investigation into alleged links between senior employees of the Private Equity Firm and Jeffrey Epstein, the deceased financier who, before he died on or about August 10, 2019, had been charged in the Southern District of New York with sex trafficking of minors and conspiring to commit sex trafficking of minors. 

In addition, from at least May 2021, up to and including February 2023, GHERTLER impersonated the founder of an investment firm (the “Investment Firm”), directing the Chief Executive Officer (the “CEO”) of one of the Investment Firm’s portfolio companies (the “IF Portfolio Company”) to make at least $865,000 in payments to fund a non-existent internal investigation related to the founder’s alleged relationship with Epstein.  Shortly before the fraud unraveled, GHERTLER, posing as the founder of the Investment Firm, had discussed with the CEO the possibility of making a large investment into a restaurant chain owned by another investment firm.

On or about February 7, 2023, after learning from the CEO that federal investigators were investigating a potentially fraudulent payment made by the Investment Firm, GHERTLER, posing as a partner (the “Partner”) at a global law firm, spoke on the phone with Special Agents with the Federal Bureau of Investigation (“FBI”).  GHERTLER told the federal agents that the IF Portfolio Company had chosen not to report the fraud because it had been “made whole” by the fraudster. 

On or about February 10, 2023, GHERTLER, impersonating the Partner, spoke again with federal agents.  GHERTLER said, after “consult[ing]” with “associates and lower-level partners” at the Global Law Firm who “used to work” at the U.S. Attorney’s Office for the Southern District of New York, “our position is that, uh, the law states that, umm, you know, if the money was paid back prior to, uh, the crime being, uh, discovered, uh, it’s not a crime.”  GHERTLER added that his “client [i.e., the founder of the Investment Firm] has a lot of other issues he is dealing with right now, so this is one he really doesn’t need to deal with.”

This case resulted in GHERTLER’s 16th conviction — his prior convictions include fraud, theft, larceny, burglary, and forgery.  In 2001, he was convicted of wire fraud in the Southern District of New York, and, in 2007, he was convicted of wire fraud in the Middle District of Florida.  As here, in both the prior federal cases, GHERTLER was charged with impersonating prominent lawyers and business leaders and persuading companies to fraudulently transfer large sums of money to accounts under his control.

In addition to his prison term, GHERTLER, 61, of Orlando, Florida, was sentenced to three years of supervised release and ordered to pay restitution in the amount of $1,065,000 and forfeit the same amount.

Mr. Williams praised the outstanding investigative work of the FBI.