Disbarred Attorney Pleads Guilty To Stealing 9/11 Victim Compensation Funds

 Audrey Strauss, Acting United States Attorney for the Southern District of New York, announced that GUSTAVO L. VILA, a disbarred lawyer in Westchester County, pled guilty today in White Plains federal court to stealing government funds.  VILA’s plea results from his theft of approximately $1 million that the Department of Justice’s 9/11 Victim Compensation Fund (“VCF”) had awarded to the defendant’s client, a 9/11 first responder. 

VILA was arrested on September 3, 2020, and pled guilty today before U.S. District Judge Vincent L. Briccetti. 

Acting U.S. Attorney Audrey Strauss said:  “As he admitted today, Gustavo Vila stole money awarded by the 9/11 Victim Compensation Fund to his client, an NYPD officer and 9/11 first responder, and falsely told the client for more than three years that the stolen money had yet to be released by the Fund.  Now Gustavo Vila awaits sentencing for his crime.”

According to the Complaint, the Information, and other statements made in open court:

In the wake of the September 11 terrorist attacks, Congress created the VCF to provide compensation with federal government funds to any individual who suffered physical harm or was killed as a result of the terrorist attacks, or as a result of the debris removal efforts that took place in the immediate aftermath of those attacks.  The original VCF operated from 2001 to 2004.  President Obama and President Trump reactivated the VCF, authorizing it to operate through October 2016, and December 2020, respectively.  Claimants seeking compensation from the VCF were authorized to work with an attorney and have the attorney, on the claimant’s behalf, submit a claim to, and receive the claimant’s award from, the VCF.  An attorney’s fees were limited to 10% of a VCF award.

From at least in or about 2012 through at least in or about 2019, VILA represented a retired New York City Police Department officer (“Victim-1”) in connection with Victim-1’s claim for compensation from VCF.  Victim-1 was diagnosed with, and suffered from, serious, life-threatening medical conditions, including cancer, as a result of rescue and recovery work he performed at Ground Zero.  Throughout his representation of Victim-1, VILA held himself out as an attorney to Victim-1 and to VCF, despite the fact that in 2015, VILA was disbarred.  

In or about May 2013, VILA submitted a claim to VCF on behalf of Victim-1.  VILA also submitted forms to the VCF authorizing the VCF to deposit Victim-1’s compensation award directly into a bank account controlled by VILA’s law firm (the “Bank Account”).  On or about September 13, 2016, the VCF authorized an award to Victim-1 of $1,030,622.04 for life-threatening illnesses that the client sustained from rescue and recovery work he performed as a police officer at Ground Zero.

On or about October 12, 2016, the VCF deposited the full amount of Victim-1’s award – over $1 million – into the Bank Account.  At that point, VILA was required to distribute all of that money, less 10 percent for his purported attorney’s fees, to Victim-1.  VILA, however, did not inform Victim-1 about this deposit, and kept 90 percent of the award – $927,559.84 – for himself.  VILA used the money he stole for his own personal benefit, including to pay his own taxes.  From in or about October 2016 to in or about February 2020, VILA falsely represented to Victim-1 that the VCF had not yet released the majority of Victim-1’s VCF award, when in fact, the entire award had been released for Victim-1’s benefit in October 2016.

VILA, 62, of Yorktown Heights, New York, pled guilty to one count of theft of government funds, which carries a maximum sentence of 10 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

VILA will be sentenced on February 5, 2021.

Ms. Strauss praised the outstanding investigative work of DOJ-OIG’s Fraud Detection Office.  

Governor Cuomo Announces New Record High Number of COVID-19 Tests Reported - OCTOBER 29, 2020

 

168,353 Test Results Reported to New York State Yesterday

Positive Testing Rate in All Focus Zone Areas is 3.24 Percent; New York State Positivity Outside All Focus Zone Areas is 1.25 Percent

Statewide Positivity Rate is 1.48 Percent

19 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today announced that 168,353 COVID-19 test results were reported to New York State yesterday—a new record high.

"COVID-19 has had untold impacts on New Yorkers' physical and mental health, and it's critical that everyone stays vigilant as we move into the winter and COVID fatigue sets in. New York continues to closely monitor the data and increase its testing capacity to new highs, one of which we've achieved today," Governor Cuomo said. "It's important to put our state in context—we're pushing ahead in the midst of increasing cases in the United States and around the globe. New Yorkers should wear masks, socially distance and wash their hands, and local governments should continue to practice careful enforcement. This night has been long, but we will see the sun on the horizon again if we stay New York Tough."

The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 3.24 percent, and outside the focus zone areas is 1.25 percent. Within the focus areas, 19,696 test results were reported yesterday, yielding 639 positives. In the remainder of the state, not counting these focus areas, 148,657 test results were reported, yielding 1,860 positives. 

Today's data is summarized briefly below:

• Patient Hospitalization - 1,085 (+0)
• Patients Newly Admitted - 150
• Hospital Counties - 42
• Number ICU - 237 (+1)
• Number ICU with Intubation - 114 (-6)
• Total Discharges - 79,501 (+135)
• Deaths - 19
• Total Deaths - 25,792

Governor Cuomo Announces Start of NY State of Health 2021 Open Enrollment Period

 

Plan Options Now Available For Viewing

Amid a Global Pandemic, High-Quality Health Insurance More Important Than Ever

Nearly All Marketplace Enrollees Will See No Cost Increase in 2021

Thousands of Trained Enrollment Assistors Are Ready to Help

 Governor Andrew M. Cuomo today announced that on November 1, NY State of Health - the state's official health plan Marketplace - will launch Open Enrollment for 2021 Qualified Health Plans.

"New York has done more than any state to expand access to healthcare and make high-quality insurance available to everyone," Governor Cuomo said. "And as we continue to fight COVID-19, making sure every New Yorker is insured and has access to quality healthcare has only become more critical. If you are not insured, make 2021 the year you change that, go online or call NY State of Health for assistance."

Access to health insurance is particularly important as New York continues to confront a global pandemic, and all New Yorkers who are currently enrolled in a Qualified Health Plan through NYSOH are encouraged to renew their coverage. Anyone without health insurance should also visit the website and take this opportunity to enroll. Open Enrollment will continue through January 31, 2021. Due to the ongoing COVID-19 public health emergency, consumers already enrolled in Medicaid, Child Health Plus, or the Essential Plan will have their coverage continued automatically and do not need to renew at this time. 

NY State of Health, together with the State Department of Financial Services and New York State insurers, launched a Special Enrollment Period in February 2020 and recently extended it through the end of the year, to ensure that people do not avoid seeking COVID-19-related testing or medical care due to a lack of health insurance coverage.

Commissioner of the New York State Department of Health Dr. Howard Zucker said, "NY State of Health continues to serve as a safety net for consumers in need of coverage during the public health emergency and has seen enrollment levels increase to over 5.5 million people. As we look ahead to 2021, the plan choices are consistent with 2020 and we will continue to be available to help consumers enroll through both the Customer Service Center and enrollment assistors, who will be available by phone."

As part of the FY 2020 Enacted State Budget, New York State codified the critical consumer protections from the Affordable Care Act into state law, including the ban on preexisting condition exclusions, the prohibition on annual and lifetime dollar limits, the guarantee of quality essential health benefits, and the ability to keep children on their parents' plans through age 26.

NY State of Health expects to renew Qualified Health Plan coverage for nearly 200,000 households and enroll new consumers into coverage during the Open Enrollment Period. Current enrollees, including those who enrolled in a Qualified Health Plan through a Special Enrollment Period, have already begun to receive their 2021 renewal notices and may begin renewing coverage on November 16, 2020. Notices will include information about premiums, tax credits, and how to select a plan, if applicable. Consumers who are renewing coverage are advised to update their account with any changes to income, address, or family size before enrollment begins. Most QHP and EP consumers have a choice of at least four plans in their county again in 2021.  

Consumers can plan ahead for Open Enrollment by browsing through their health plan options. Free enrollment assistance can be found in local communities across the State. Consumers can also use the NYS Provider & Health Plan Look-Up Tool to research provider networks and health plans. With this tool, consumers shopping for health insurance can search for their preferred health care providers, including doctors and hospitals, all in one place, to see which health plans have those providers in their network.

Enrollment in the Essential Plan, Medicaid and Child Health Plus is open all year. For additional information, visit the NY State of Health website at: nystateofhealth.ny.gov.

Consumers can enroll in a health plan by:

• Calling the Customer Service Center at 1-855-355-5777
• Logging onto the website at nystateofhealth.ny.gov

Speaking with an enrollment assistor. Find an assistor here.

BRONX MAN PLEADS GUILTY TO MANSLAUGHTER IN SHOOTING

 

Defendant Will Be Sentenced to 15 Years in Prison, To Run Concurrent With Five-Year Sentence for Gun Possession

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has pleaded guilty to first-degree Manslaughter and will be sentenced to 15 years in prison. The sentence will run concurrently with a five-year sentence for gun possession in a separate case. 

 District Attorney Clark said, “The defendant shot more than a dozen bullets at a man during a dispute, killing him. He has been held accountable for this brazen shooting, and hopefully it sends the message that we will not tolerate gun violence ravaging our communities.” 

 District Attorney Clark said the defendant, Daniel Rice, aka “Capone,” 43, of 291 East 143rd Street, pleaded guilty today to first-degree Manslaughter before Bronx Supreme Court Justice James McCarty. He is due to be sentenced on January 13, 2021 to 15 years in prison and five years post-release supervision. The defendant waived his right to appeal. The sentence will run concurrently to a pending sentence of five years in prison and five years post-release supervision which he received for pleading guilty on October 7, 2020, to second-degree Criminal Possession of a Weapon.

 According to the investigation, on October 23, 2016, at about 2 a.m., the defendant, who uses a wheelchair, fired multiple shots at Kevin Thomas, 28, during a dispute in the Mott Haven Houses, striking the victim 13 times. He fled the scene and was arrested on January 20, 2017, in a location in the Bronx. When detectives found him, he was in possession of a loaded Glock semiautomatic pistol unrelated to the fatal shooting

 District Attorney Clark thanked retired NYPD Detective Oscar Rosa, and NYPD Detectives Sean Butler of Bronx Homicide and Joseph Parchen of the Violent Felony Squad for their assistance in the case.

MAYOR DE BLASIO LAUNCHES NEXT PHASE OF POLICING REINVENTION COLLABORATIVE

 

The City is beginning the next phase of intensive community engagement to develop a concrete set of additional, new reforms that will allow police to better serve residents, Mayor Bill de Blasio announced today. The ongoing dialogue between City officials, the New York City Police Department, justice advocates, and community stakeholders will result in a reform package to be passed in partnership with the City Council in early 2021.   

 

“We have come so far to fundamentally reform policing in our city,” said Mayor Bill de Blasio. “Still, there is clearly more work to be done to strengthen bonds between officers and the communities they serve. Together, we will rebuild a fairer city that addresses injustice and disparity in a lasting and meaningful way.”

"The NYPD is taking this process extremely seriously and it is imperative that we hear from residents across New York City about what matters most to them," said Police Commissioner Dermot Shea. "We are committed to fair and transparent policing that serves all New Yorkers. By listening to feedback and incorporating recommendations into our practices and policies, we will continue to make New York City even safer."          

 

The community engagement effort launching this week will be led by a team overseen by First Deputy Mayor Dean Fuleihan that includes leadership from the Mayor’s Community Affairs Unit, Office of Intergovernmental Affairs, Office of City Legislative Affairs, the Office to the Counsel of the Mayor, and the Mayor’s Office of Criminal Justice. The leadership team also includes senior officials from the NYPD, City Council, Jennifer Jones Austin of the Federation of Protestant Welfare Agencies, Wes Moore of Robin Hood, and Arva Rice of the New York Urban League.

 

The next round of engagement comes after several borough-based NYPD listening sessions.  Recordings of each meeting are accessible at nyc.gov/NYPD/Reform. Feedback from these listening sessions will be used to determine topic areas for future engagement.

 

The City encourages New Yorkers to participate in the NYPD listening session tonight, virtually, via Zoom:  Thursday October 29th in Manhattan South at 7PM (RSVP here)  

 

As part of this effort, the City will also engage directly with justice system stakeholders including key reform advocates, public defenders, DA's and others to compile ideas and recommendations that along with other insight gathered from critical stakeholders will be provided to the Mayor for the creation of the final City plan across the city.  

 

The public engagement will generate recommendations that will serve as the foundation of the City’s plan for reform. They will also facilitate a necessary dialogue that gives voice to concerns about police interactions and provide a path of reconciliation between police and communities. 

 

To best serve these goals, justice system stakeholder working groups will be topic specific. This will help ensure community voices better define the process for engagement and are able to identify their priority concerns. The result will be better-informed recommendations that define what safety means to the tapestry of people that are the heart and soul of our city.    

 

Organizations interested in participating can email: PolicingCollab@cityhall.nyc.gov 

MAYOR DE BLASIO, GOVERNOR CUOMO AND U.S. ARMY CORPS OF ENGINEERS ANNOUNCE START OF CONSTRUCTION ON ROCKAWAYS – ATLANTIC SHOREFRONT RESILIENCY PROJECT

 

$336 million coastal resiliency project spanning from Far Rockaway to Neponsit is part of Army Corps-led efforts to reduce coastal flood risk on the Atlantic Coast and along Jamaica Bay

 On the 8th anniversary of Hurricane Sandy, Mayor Bill de Blasio, Governor Andrew M. Cuomo, and U.S. Army Corps of Engineers Colonel Matthew W. Luzzatto today announced the start of construction on the Rockaways – Atlantic Shorefront Project, which will protect communities and strengthen the shoreline along six miles of the Rockaway Peninsula. The U.S. Army Corps of Engineers-led project consists of a reinforced dune system designed to block storm surge and new and extended tapered groins. These stone groins are jetty-like structures extending out into the ocean intended to trap sand and reduce beach erosion and help maintain a critical natural buffer between the Atlantic Ocean and local communities.

“Eight years ago, Hurricane Sandy devastated our city and our shoreline,” said Mayor Bill de Blasio. “We committed to building back stronger than ever, and I am thankful for our federal and state partners for working together to make this critically important project come to life. Together, we are protecting our shoreline and creating a more resilient New York City.”

 

“Climate change is already impacting our everyday lives, and the Rockaways are at the forefront of damaging flooding from strong and more frequent coastal storms driven by warmer temperatures,” Governor Andrew M. Cuomo said. “New York State is proud to partner on this project as part of our ongoing efforts to help New York City and communities across the state build back stronger, smarter, and more resilient.”

 

“This crucial resiliency project represents a tremendous effort to reinforce the shoreline and coast. Bolstering six miles of resiliency to reduce the devastating impacts of coastal storms saves lives, reduces property and economic damage," said Colonel Matthew Luzzatto, Commander of the New York District. “I would like to thank all of our partners at the federal, state and city level who worked to move this project forward during this tumultuous time.”

 

"Ever since Hurricane Sandy devastated the Rockaways, I have fought tooth and nail to secure hundreds of millions of dollars to rebuild homes, schools, and playgrounds, as well as construct a new boardwalk, stone groins, and reinforced dunes across the Atlantic shorefront to protect this community from future superstorms," said U.S. Senator Charles E. Schumer. "With this important project finally underway, the beaches of the Rockaways – from Far Rockaway to Neponsit – will soon match the resilience of the people who live alongside them. I thank my federal, state, and local partners – especially Mayor Bill de Blasio – for working so hard to get us to this point, and I look forward to when we can all gather together to celebrate this milestone in person with the community. And then go for a relaxing swim and a stroll on the boardwalk."

 

Upcoming Wave Hill Events Nov 10-19

 

This week is filled with art and nature, from virtual artist talks to outdoor forest bathing walks. And it's prime time for fall colors! Take in the changing leaves with a walk through the gardens. You can reserve your tickets to visit here--advance registration is required.

Studio Visit with ASBA Artist Liz Shippam in England (Virtual)

Tuesday, November 10, 2-3PM

Join us virtually for a visit with ASBA artist Liz Shippam from her studio in West Sussex, England. Shippam will discuss her work, including the watercolor on view in the 23rd Annual International, and her practice. This visit will be hosted by Carol Woodin, Director of Exhibitions of the American Society of Botanical Artists and Eileen Jeng Lynch, Curator of Visual Arts, at Wave Hill. This program will be presented as a webinar, pre-registration is required. A link to the webinar will be sent to all registrants as well as a custom cocktail recipe for the event.

Family Art Project: Goodnight Garden Bed (Onsite)

Saturday,

Sunday, November 14, 15, 10AM–1PM

Explore the art of overwintering—preparing a garden for colder seasons—by learning practices like seed-saving, tucking plants in with mulch and more. Contribute to a collective goodnight story with a crop cover for Family Art Project’s garden bed. Then, create your own plein-air watercolor paintings to honor the natural stages of dormancy and hibernation that take place in nature.

See our new guidelines and join us on the Conifer Slope!

Forest Bathing: Changing Seasons (Onsite)

Saturday, November 14, 10AM–12PM

Inspired by the Japanese practice of shinrin-yoku, forest bathing boosts your immune system and cardiovascular strength, reduces stress and improves cognitive functioning while deepening your relationship to nature. Contemplate the changes in the fall landscape and your own body as certified forest therapists Gerti Schoen, Nancy Kopans and Cindy Olsen guide you on a reflective walk through Wave Hill’s gardens and trails.

Space is limited; adults only, please. Registration required, online or by calling 718.549.3200 x251. If you have any questions about this program or registration, please contact us at 718.549.3200 or information@wavehill.org.

Meet the Artist: Frances Palmer in conversation with Jennifer McGregor (Virtual)

Thursday, November 19, 2-3PM

Exhibiting artist Frances Palmer talks with Jennifer McGregor, Senior Director of Arts, Education and Programs, about Palmer’s exhibition Life in the Studio. On view in the reception area and The Café in Wave Hill House will be photographs by Frances Palmer, a member of Wave Hill’s Friends of Horticulture and ceramicist of international reputation, in anticipation of the release of her new book, Life in the Studio: Inspiration and Lessons on Creativity.

This program will be streamed live on Facebook and at wavehill.org.

A 28-acre public garden and cultural center overlooking the Hudson River and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS: Special restricted hours as New York City recovers from the COVID-19 pandemic: 10AM–5:30PM, Wednesdays–Sunday.

Information at 718.549.3200. On the web at www.wavehill.org.

As Pandemic Rages On, Comptroller Stringer and A Better Balance Launch New Work and Family Survey

 

Survey will analyze how New Yorkers’ relationships to work and family have changed amid the pandemic

Women, especially women of color and single mothers, have had to reduce their work hours or leave the work force at significantly greater rates than men

Builds on 2015 Survey that found New Yorkers have limited access to flexible work arrangements and fear retaliation from seeking greater flexibility from their employers

 Today, New York City Comptroller Scott M. Stringer and A Better Balance launched a new Work and Family Survey to inform and improve critical workplace protections, accommodations, and flexibility for working New Yorkers. As schools face extended closures and many businesses have either shuttered or shifted to remote work, the survey will analyze how New Yorkers’ relationships to work and family have changed amid the pandemic in order to help identify future policy recommendations during this crisis and beyond.

“We want to hear directly from working New Yorkers about their experience with workplace flexibility, especially during the pandemic. I encourage New Yorkers to complete the survey to help policymakers deliver informed solutions that ensure modern workplace practices,” said Comptroller Stringer. “This is about more than just work-life balance – no family should have to choose between taking care of their kids and earning a paycheck. If we want to tap our city’s full economic potential, we have to provide protections for New Yorkers who need it the most – including women, single parents, low-income workers, and frontline workers who are facing extraordinary challenges of full-time caregiving while trying to make ends meet.”

“The pandemic has laid bare the impossible choice too many workers—disproportionately women—face between caring for loved ones and earning a paycheck. As we know from speaking directly with countless workers, New Yorkers need workplace flexibility and support to stay attached to the workforce,” said Dina Bakst, Co-Founder and Co-President of A Better Balance. “We need to hear from all New Yorkers about what they’re experiencing and how we can craft effective policies that address their caregiving needs during the pandemic and beyond. This is a matter of racial, gender, and economic justice.”

With businesses gradually reopening and more people returning to work, workplace accommodations and flexibility will be critical for all New Yorkers, but caregivers in particular. While some businesses consider a more permanent shift to remote work, for many low-wage workers and essential workers, remote work isn’t an option, especially in the retail, hospitality, and health care industries. Workers in frontline industries are disproportionately women and people of color, and far too many of these workers still live in poverty. The burden of full-time caregiving has also fallen largely on women, who comprise the majority of single parents and have had to reduce their work hours significantly more than men. According to the Bureau of Labor Statistics, of the 1.1 million people who left the workforce in September, 80 percent were women.

Since 2017, New York City has offered employees new protections – including the right to request schedule changes, sick and family leave, and prohibitions on discrimination against caregivers. However, many New Yorkers are still falling through the cracks of these existing laws and these policies were not designed with extended school closures in mind.

The Comptroller’s Office conducted a survey with A Better Balance in 2015 that found New Yorkers have limited access to flexible work arrangements and fear retaliation from seeking greater flexibility from their employers.

To access the 2020 Work and Family Survey, click here.

EDITOR'S NOTE:

we took this survey, and were able to take it a second time. we advise Comptroller Stringer to put in a safeguard where a person can only take this survey only once, because than it is an unreliable source of information.