Justice Department Announces Investigation Of New York City Police Department’s Special Victims Division

 

Comprehensive Review of Policies, Procedures, and Training, Including SVD’s Investigations of Sexual Assault Crimes and Treatment of Survivors

 Kristen Clarke, Assistant Attorney General for the Justice Department’s Civil Rights Division, Damian Williams, the United States Attorney for the Southern District of New York, and Breon Peace, the United States Attorney for the Eastern District of New York, announced today a civil pattern or practice investigation into the Special Victims Division (SVD) of the New York City Police Department (NYPD). The investigation will assess whether the SVD engages in a pattern or practice of gender-biased policing. The investigation will include a comprehensive review of the policies, procedures, and training for SVD investigations of sexual assault crimes, including how SVD interacts with survivors and witnesses, collects evidence, and completes investigations; any steps NYPD has taken to address deficiencies in its handling of sexual assault crimes; how SVD allocates staffing and other resources; and the services and support offered to survivors of sexual assault. As part of this investigation, the Justice Department officials will reach out to community groups and members of the public to learn about their experiences with SVD.   

Prior to the announcement, Justice Department (Department) officials notified Mayor Eric Adams, NYPD Commissioner Keechant L. Sewell, and NYC Corporation Counsel Sylvia O. Hinds-Radix, who have pledged to cooperate with the investigation.

Assistant Attorney General Kristen Clarke said:  “Survivors of sexual assault should expect effective, trauma-informed and victim-centered investigations by police departments.  Based on information provided to the Justice Department, we find significant justification to investigate whether the NYPD’s Special Victims Division engages in a pattern or practice of gender-biased policing. Investigations into sexual assault that comply with the Constitution promote accountability, enhance public safety and foster community trust.” 

SDNY U.S. Attorney Damian Williams said:  “Victims of sex crimes deserve the same rigorous and unbiased investigations of their cases that the NYPD affords to other categories of crime.  Likewise, relentless and effective pursuit of perpetrators of sexual violence, unburdened by gender stereotypes or differential treatment, is essential to public safety. We look forward to working with our partners in EDNY and the Civil Rights Division to assess the NYPD’s practices in this area.”

EDNY U.S. Attorney Breon Peace said:  “Respectful, thorough, and complete investigations of sexual assaults are fundamental to a well-functioning justice system.  Over the last several months, we have learned concerning information from a variety of sources of historical issues about the way the Special Victims Division has conducted its investigations for many years.  Our review is intended to ensure that, going forward, survivors of sexual assault in New York City receive fair and just treatment in the criminal justice system, and as a result, those who engage in sexual violence are held accountable.  We appreciate that the NYPD has already taken steps to address these concerns.”

The Department received information alleging deficiencies at SVD that have persisted for more than a decade, depriving survivors and the public of the prompt, thorough, and effective investigations needed to protect public safety. These deficiencies allegedly include failing to conduct basic investigative steps and instead shaming and abusing survivors and re-traumatizing them during investigations. 

The investigation is being conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The Act allows the Justice Department to remedy such misconduct through civil litigation. The Department will be assessing law enforcement practices under the Fourteenth Amendment to the United States Constitution, as well as the Safe Streets Act of 1968.

The Civil Rights Unit in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York, and the Civil Rights Team in the Civil Division of the U.S. Attorney’s Office for the Eastern District of New York, and the Special Litigation Section of the Justice Department’s Civil Rights Division will jointly conduct this investigation. Individuals with relevant information are encouraged to contact the Department via email at USANYS.CommunitySVD@usdoj.gov or by calling 212-637-2746. Individuals can also report civil rights violations regarding this or other matters using the Civil Rights Division’s new reporting portal, available at www.civilrights.justice.gov, to the Eastern District of New York at https://www.justice.gov/usao-edny/civil-rights, or to the Southern District of New York at https://www.justice.gov/usao-sdny/civil-rights.  

Information specific to the Justice Department’s Civil Rights Division’s Police Reform Work can be found here: https://www.justice.gov/crt/file/922421/download.  The Department’s updated guidance on improving law enforcement response to sexual assault and domestic violence can be found here:  Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias (justice.gov).

Additional information about the U.S. Attorney’s Office for the Eastern District of New York is available on its website at https://www.justice.gov/usao-edny. Additional information about the U.S. Attorney’s Office for the Southern District of New York is available on its website at https://www.justice.gov/usao-sdny. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.

Attorney General James Issues Statement on SCOTUS Decision Limiting EPA Authority to Regulate Power Plant Emissions

 New York Attorney General Letitia James issued the following statement in response to the U.S. Supreme Court’s decision today in West Virginia v. EPA to restrict the ability of the Environmental Protection Agency (EPA) to limit carbon emissions from power plants:

“Today’s ruling is a dangerous and irresponsible restriction on federal agencies’ ability to carry out their functions. Climate change is an imminent and indisputable threat, and EPA must be able to regulate the energy industry so that the worst consequences can be avoided. Despite this setback, my office will continue to be a champion for our environment, our future, and the health of New Yorkers. We will work to end our nation’s reliance on fossil-fuel power plants that pollute our environment, and move towards clean, renewable, and affordable electricity. It’s not too late to move off the path towards climate disaster, but we must take decisive action now.”

Attorney General James has long been a leader in the national effort to protect the planet from the impacts of pollution and climate change. In January 2022, Attorney General James led a coalition of 30 states and local governments in submitting a brief to the U.S. Supreme Court in this case, providing a strong legal defense of the ability of EPA and states to set meaningful limits on climate change pollution from power plants under the Clean Air Act. In January 2021, Attorney General James won a lawsuit against the Trump Administration when the U.S. Court of Appeals for the District of Columbia Circuit vacated the Administration's Affordable Clean Energy (ACE) rule, or so-called “Dirty Power” rule, which replaced the Clean Power Plan. The Clean Power Plan was the first-ever nationwide limit on one of the largest sources of climate change pollution — existing fossil-fueled power plants. The Trump Administration rule rolled back these limits and would have had virtually no impact on these emissions, prolonging the nation’s reliance on polluting, expensive coal power plants and obstructing states’ progress towards clean, renewable, and affordable electricity generation.   

MAYOR ADAMS’ STATEMENT ON U.S. SUPREME COURT’S DECISION IN WEST VIRGINIA V. ENVIRONMENTAL PROTECTION AGENCY

 

New York City Mayor Eric Adams today released the following statement on the U.S. Supreme Court’s ruling in the case of West Virginia v. Environmental Protection Agency: 

 

“New York City has been a leader in protecting people from the dangers of climate change, but we’ll have to fight even harder because of this horrific Supreme Court decision.  This ruling removes a key ability of the federal government to regulate emissions from power plants throughout the nation, leaving New Yorkers and all frontline communities more vulnerable to increasingly severe hurricanes and coastal storms, longer and hotter heat waves, and more droughts. This Supreme Court has chosen the coal and petroleum industries over peoples’ health and safety. Despite this setback, nothing will change about the work we’re doing, and we’ll continue to work with partners – nationally and internationally – to mitigate the impact this misguided decision will have on our communities.”  

 

BRONX WOMAN AND HER TEEN SON INDICTED IN MURDER OF HER 7-YEAR-OLD DAUGHTER JULISSIA BATTIES

 

Child Was Beaten and Sexually Abused; Defendants Failed to Seek Medical Attention

 Bronx District Attorney Darcel D. Clark today announced that a Bronx woman and her 17- year-old son have been indicted on Murder, Manslaughter and additional charges in the August 2021 death of her seven-year-old daughter, Julissia Batties.

 District Attorney Clark said, “A woman and her teenage son caused the death of her innocent, defenseless seven-year-old daughter, Julissia, in their Bronx home. The child was beaten and sexually abused and denied medical attention. This is a revolting, disturbing case of brutality and callousness. A 10-month investigation with the NYPD led to the indictments charging the defendants with Murder. The investigation revealed that Julissia was failed throughout her brief life. The signs of her torment were there but not acted on. We send our condolences to Julissia’s father and grandmother, who remain devastated by the loss of this beautiful, little girl.”

 District Attorney Clark said the defendants, Navasia Jones, 36, last of Brooklyn N.Y., and Paul Fine Jr., 18, of Brooklyn, N.Y., were arraigned today on an indictment charging two counts of second-degree Murder, under circumstances evincing a depraved indifference to human life, two counts of second-degree Manslaughter, three counts of Endangering the Welfare of a Child, and Fine Jr. was additionally charged with first-degree Assault, and first-degree Sexual Abuse. The defendants were arraigned before Bronx Supreme Court Justice Marsha Michael. They were remanded and Jones is due back in court on September 12, 2022, and Fine Jr. on July 5, 2022.

 Between August 8, 2021 and August 10, 2021, Julissia Batties, 7, was beaten and died while in the care of her mother and half-brother in their apartment in 175 Alexander Avenue. According to the investigation, Jones called 911 at 8:06 a.m. on August 10, 2021, after being urged by a family member to do so. When first responders arrived, Julissia had no pulse and no vital signs. The child was taken to Lincoln Hospital where she was pronounced dead.

 After her death, the defendants told police Julissia had fallen down and was vomiting and urinating on herself at about 5:00 a.m. They also said the child fell against various items in the apartment or on the floor. Those statements were inconsistent with the fatal and nonfatal injuries on Julissia’s body.

 Fine Jr. later confessed to ACS that he had assaulted the child all over her body between August 8 and August 10, 2021, and admitted to punching Julissia multiple times on the day of her death.

 The Office of the Chief Medical Examiner determined the child died by homicide caused by blunt force trauma to her abdomen. Examiners concluded she was struck with enough force to cause her internal organs to tear and bleed, filling her abdomen with blood. Examiners also found multiple bruises visible about the child’s entire face, chin, and back of right ear. The Medical Examiner determined the bruises on Julissia’s face are consistent with pattern bruising, likely caused by a fist or hand. There were additional injuries, visible bruises, marks, and scratches on Julissia’s body, including on both wrists, her clavicle, upper thigh and mouth.

 According to the investigation, Fine Jr. allegedly sexually abused Julissia. The child had injuries that were consistent with sexual assault. Those injuries were inflicted after Julissia had already begun to experience symptoms caused by the assaults to her abdomen.

 District Attorney Clark thanked NYPD Detective Jeff Grater of the 40th Precinct and Detective Colin Higgins of Bronx Homicide for their work in the investigation. 

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

Governor Hochul Signs Legislative Package to Empower Victims of Crime

 

Legislation (S.9359/A.7487) Expands Which Documents Can be Used to Show Identity Theft in Certain Circumstances Relating to Debt Collection

Legislation (S.8975/A.7489) Expands the Eligibility of Victims of Unlawful Dissemination or Publication of an Intimate Image, also Known as "Revenge Porn"

Legislation (S.8976/A.7502) Expands the Eligibility of Victims of the Crimes of Reckless Endangerment in the Second and First Degree

 Governor Kathy Hochul today signed a legislative package to empower victims of crime. This sweeping package of bills expands what qualifies as documentation of identity theft and expands the eligibility of victims of unlawful dissemination of intimate images, as well as reckless endangerment. These bills will help to lift up victims of these heinous acts and give them the opportunity to seek justice.

"In New York we believe strongly in protecting and uplifting all victims," Governor Hochul said. "This legislative package allows victims that have not been physically injured to still obtain compensation for other impacts of various crimes - taking an important step to help victims seek the justice they deserve."

Legislation (S.9359/A.7487) expands which documents can be used to show identity theft in certain circumstances relating to debt collection. These materials can now include Federal Trade Commission and Law enforcement reports, as well as criminal and family court documents. This increases protection for victims of identity theft by requiring creditors to cease collection activities until completion of their review of certain information. Under existing law, victims of identity theft must have filed a police report for a creditor to cease collection, with there being no alternative if a police report was not filed. This will allow more victims of identity theft to put these heinous acts behind them.

Legislation (S.8975/A.7489) expands the eligibility of victims of unlawful dissemination or publication of an intimate image as defined in section 245.15 of the Penal Law (Revenge Porn). Under current law, to be eligible for reimbursement for certain crime-related expenses, one must be a physically injured victim of a crime. This bill allows uninjured victims of unlawful dissemination of intimate images to be reimbursed. This gives more power to victims of revenge porn acts and allows them to collect damages for what they endured.

Legislation (S.8976/A.7502) expands the eligibility of victims of the crimes of reckless endangerment in the second and first degree. Under current law, to be eligible for reimbursement victims must be physically injured by reckless endangerment. This bill allows victims the ability to obtain compensation without having been physically injured, giving victims more power.

New York City Comptroller Lander Statement on West Virginia v. Environmental Protection Agency Supreme Court Decision

 

New York City Comptroller Brad Lander released the following statement in reaction to the Supreme Court’s decision in West Virginia v. Environmental Protection Agency:

“Today’s decision is yet another blow by our nation’s highest court with far-reaching impacts for our collective future. We cannot confront the scale of the risks the climate crisis poses to our communities and the global economy without strong, concerted action by both the federal government and the private sector. Today’s decision undermines the federal government’s ability to set critical standards for meaningful reductions in our greenhouse gas (GHG) emissions and to provide for a just transition to a low-carbon economy.

“This ruling underscores how important it is that New York City continues to lead on climate and do everything within our power to limit emissions and accelerate our transition away from dirty energy. Thanks to the leadership of the trustees of the Teachers’ Retirement System, New York City Employees’ Retirement System, and Board of Education Retirement System, we are divesting from fossil fuel reserve owner companies, increasing investments in climate solutions, and working to achieve our goal of net zero GHG emissions by 2040 to reduce emissions across our managed assets. We will continue to review the implications of this decision for our work to confront the climate crisis using all the tools available to us.”

Rep. Jamaal Bowman Leads NYC Congressmembers in Criticizing NYC Mayor Eric Adams on School Budget Cuts

 

Today, Congressman Jamaal Bowman, led 7 of his colleagues in writing a letter to New York City Mayor Eric Adams underscoring the need to prioritize our public schools in the city’s FY 2023 budget. 

 The NYC Comptroller’s office has reported that 77% of our public schools in New York City will experience budget cuts in this next school year totaling more than $469 million. These cuts come at a time when the NYC Department of Education (DoE) has $4.3 billion of unused funds from the $7 billion it received from federal stimulus money included in the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) and the American Rescue Plan (ARP). These funds need to be utilized to support our children and our school communities holistically and we deserve full transparency into the city’s plan to allocate money across our schools. 

 

“There is no excuse for cutting our public school budgets,” said Congressman Jamaal Bowman, Ed.D (NY-16). “Our teachers, faculty, students and their families would be severely impacted by any reduction in school budgets - especially those learning or working at schools in predominantly low-income areas or communities of color. The impact of this pandemic on our youth can not be understated and our schools have a responsibility to meet their needs during very formative periods of their lives - it is the responsibility of our governments to properly fund and equip our schools to do so. Defunding education is unjustifiable. At the very least, the City and Mayor Adams need to direct remaining COVID relief funds into our public schools. Our youth are already struggling to keep up in large classes with limited resources. I voted in Congress to send billions of dollars to our schools for New York City so we could actually support the whole child and make evidence-based improvements to the learning environment, such as adopting the community school model, reducing class size, and more -- not to rollback funding in our public schools as the Adams Administration has. It is unacceptable and my colleagues and I will not tolerate it.”

 

“Budgets are a reflection of priorities and these budget cuts fall far short of the investment our children deserve,” said Reps. Jerrold Nadler, Nydia M. Velázquez, Alexandria Ocasio-Cortez, Grace Meng, Carolyn B. Maloney, Ritchie Torres and Yvette D. Clarke. “We therefore respectfully ask that you utilize DOE’s federal stimulus funding to restore NYC public school budgets and allow our educators to fully support their students with all the resources at their disposal.”

 

To read the full letter, please click here. 

 

Co-signers of the letter include: Reps. Jerrold Nadler, Nydia M. Velázquez, Alexandria Ocasio-Cortez, Grace Meng, Carolyn B. Maloney, Ritchie Torres and Yvette D. Clarke

 

Attorney General James Secures $400,000 From Wegmans After Data Breach Exposed Consumers’ Personal Information

 

AG James Requires Wegmans to Improve Data Storage Security Practices to Protect Consumers

 New York Attorney General Letitia James today secured $400,000 from grocery store chain, Wegmans, for exposing the personal information of more than three million consumers nationwide, including more than 830,000 New Yorkers. For years, Wegmans kept consumers’ personal information in misconfigured cloud storage containers that were open, making it easy for hackers or others to potentially access the information. The compromised data included usernames and passwords for Wegmans accounts, as well as customers’ names, email addresses, mailing addresses, and additional data derived from drivers’ license numbers. As a result of Attorney General James’ action, Wegmans is also required to upgrade its data security practices to protect consumers.

“Wegmans failed to safely store and seal its consumers’ personal information, instead it left sensitive information out in the open for years,” said Attorney General James. “Today, Wegmans is paying the price for recklessly handling and exposing millions of consumers’ personal information on the internet. In the 21^st century, there’s no excuse for companies to have poor cybersecurity systems and practices that hurt consumers.”

In April 2021, a security researcher informed Wegmans that a cloud storage container hosted on Microsoft Azure was left unsecured and open to public access, potentially exposing consumers’ sensitive information. Wegmans immediately reviewed its cloud environment and identified the container, which had a database backup file with over three million records of customer email addresses and account passwords. The container was misconfigured from its creation in January 2018 until April 2021. During this time, an unauthorized actor could have accessed and cracked account credentials, using them to log in to a customer’s Wegmans account or to access a customer’s account on a different website if the customer had reused their password. In May 2021, Wegmans discovered a second cloud storage container that was also misconfigured. The storage container, which was left publicly accessible since it was set up in November 2018, housed a database that included customers’ names, email addresses, mailing addresses, and additional data derived from drivers’ license numbers. 

In June 2021, Wegmans began notifying affected consumers whose personal information was compromised during the incident. The Office of the Attorney General (OAG) determined that, in addition to failing to appropriately configure the cloud storage containers to limit access to its contents, at the time of the incident, Wegmans failed to inventory its cloud assets containing personal information, secure all user passwords, and regularly conduct security testing of its cloud assets. In addition, Wegmans maintained checksums derived from customers’ driver’s license numbers without a reasonable business purpose to maintain any form of driver’s license information indefinitely. Wegmans also failed to maintain long-term logs of its cloud assets, which made it difficult to investigate security incidents.

As a result of today’s agreement, Wegmans is required to pay New York $400,000 in penalties. In addition, Wegmans must adopt new measures to protect consumers’ personal information going forward, including:

•  Maintaining a comprehensive information security program that includes regular updates to keep pace with changes in technology and security threats and reporting security risks to the company's leadership;
•  Maintaining appropriate asset management practices, including maintaining an inventory of all cloud assets;
•  Establishing policies and procedures to ensure all cloud assets containing personal information have appropriate access controls to limit access to such information;
•  Developing a penetration testing program that includes at least one annual comprehensive penetration test of Wegmans’ cloud environment;
•  Implementing centralized logging and monitoring of cloud asset activity, including logs that are readily accessible for a period of at least 90 days and stored for at least one year from the date the activity was logged;
•  Establishing appropriate password policies and procedures for customer accounts, including hashing stored passwords with a hashing algorithm and salting policy commensurate with NIST standards, encouraging customers to use strong passwords, educating customers on the benefits of multifactor authentication, and prohibiting password reuse;
•  Maintaining a reasonable vulnerability disclosure program that allows third parties, such as security researchers, to disclose vulnerabilities;
•  Establishing appropriate practices for customer account management and authentication, including notice, a security challenge, or re-authentication for account changes; and,
•  Updating its data collection and retention practices, including only collecting a customer’s personal information when there is a reasonable business purpose for collection and deleting personal information when there is no longer a reasonable business purpose to retain such information — for information collected prior to the effective date of the agreement, Wegmans will permanently delete all personal information for which no reasonable purpose exists within 240 days of the effective date.