HORRORS IN HOMELESS HOUSING: NEW YORK’S UNCLEAN, UNSAFE, DANGEROUS TEMPORARY SHELTER SYSTEM AND HOW TO FINALLY TACKLE THE HOMELESS EPIDEMIC

Senators Klein, Savino, Avella, Alcantara, Hamilton & Peralta release alarming investigative report on worst commercial hotels and cluster sites in the city; propose legislation to combat homelessness

Senators Jeff Klein (Bronx/Westchester), Diane Savino (SI/Brooklyn), Avella (Queens), Alcantara (Manhattan), Hamilton (Brooklyn) and Jose Peralta (Queens), joined by advocates, released an investigative report detailing deplorable conditions at New York City hotels and cluster sites used for the homeless and called for a five-point legislative solution to the homelessness crisis.

The disturbing investigation, “Horrors in Homeless Housing,” analyzes inspection data in commercial hotels and cluster site housing where some of New York City’s skyrocketing homeless population call home. Violations left open at many sites where families and individuals are placed include unsafe cooking spaces, toilets that don’t flush, lead paint contamination and broken fire escapes.

“Homeless families are among the most vulnerable groups in New York City. It is unacceptable that they be subjected to the living conditions detailed in the report that we unveiled today. The solution proposed will help provide new, more humane, housing options for city residents who live in these hotels and clusters sites. The proposal will also ensure that those on the brink of losing their home will be able to remain where they are living, adding much needed stability to their lives,” said Senator Klein.

“It is unconscionable to allow children and families to be forced to live in these violation ridden hotels and cluster sites. These sites lack the basic services that homeless families should have access to and make living a normal life difficult, if not impossible. The IDC plan presented today will keep people in their homes and make it easier for those in the shelter system to find a place of their own," said Senator Savino.

“New York City has a duty to provide shelter, aid, and support for the homeless who live in our city. However, the current system completely looks past the aid and support and only wishes to provide the bare minimum shelter provisions. Many times these sites are almost as bad as staying on the street and the individuals are not treated with any dignity. The City does very little to provide these families and individuals with the assistance and support necessary to get back on their feet. The City should be allocating funds for programs that can cater to basic human needs rather than facilities that warehouse families. We need to provide these families and individuals with, at the very least, basic city services that are built into our State’s constitution and our City’s charter,” said Senator Avella.

"Our current system of homelessness prevention is expensive, complicated, and dehumanizing to the homeless families who are warehoused in cluster housing and hotels. Replacing multiple overlapping housing subsidies with the Home Stability Support plan will not only save our local governments money, but also increase the number of homeless families who are able to understand and therefore take advantage of state support to remain in their homes,” said Senator Alcantara.

"We need to stop using hotels, cluster sites, and temporary housing and instead advance real solutions to our affordable housing crisis. That’s why I am a strong supporter of the Home Stability Support Program in the 2017  budget, so we can proactively prevent people from facing homelessness. It is also why I am a strong supporter of 100% affordable housing at the Bedford Union Armory site – we need to use our public-owned sites for public benefit.  Three of the top ten cluster site violators are in communities I represent in Crown Heights and Brownsville. Our neighbors are living in buildings with more than 100 open violations. Nobody should live like this. I am proud to stand with colleagues in demanding the housing our most vulnerable New Yorkers deserve,” said Senator Hamilton.

“My constituents have been raising concerns for the last couple of years regarding the  increasing number of hotel to shelter conversions in the district and throughout the City. In light of the growing homeless population, it is clear that warehousing  homeless New Yorkers is not the correct answer to the crisis we face. It is also troubling to see the unsafe, unsanitary living conditions at some homeless shelters and clusters. No family or individual should be living in run-down buildings. It is time to stop putting band-aids on this grave situation and to focus on preventive solutions. A starting point is the Home Stability Support Program. Let’s tackle the problem at its roots and pivot the efforts toward preventing people from becoming homeless in the first place. I applaud Assemblymember Hevesi, Senator Klein and the IDC for their efforts to combat the homelessness situation throughout New York City,” said Senator Peralta.

“The Van Cortlandt Motel in the northwest Bronx is a prime example of the old dilapidated, run-down, dirty motels being used by DHS. This 1960s-era motel is a magnet for crime and prostitution. It is almost impossible to provide wraparound support services at these motels that most shelter residents need. I applaud the Mayor's commitment to ending the use of hotels and cluster sites, but this startling report demonstrates that more needs to be done,” said Councilman Andrew Cohen.

With the recent rise in homelessness in New York City, the use of hotels and temporary apartments known as cluster sites has risen to keep up with the demand for shelter. The IDC’s report examined both the use of hotels and cluster sites to shelter the homeless. Using the city’s shelter scorecard system, IDC investigators identified these sites and examined their Housing Preservation & Development, Department of Buildings and Environmental Control Board violations.

The investigation found that 78% of identified hotels used to house the homeless currently have a total of 433 open violations, with the 10 worst sites accounting for 67.9% of all violations. Overall, those with violations averaged 8.68 per site, with Manhattan hotels having the highest average of over 20 violations per hotel. In the case of the Dawn Hotel in Manhattan, the worst site with 78 open violations, investigators found open citations for broken floors, broken sinks, toilets that won’t flush, issues with fire escapes, unlawful cooking spaces, potentially dangerous electric hot plates and contaminated lead paint.

Top Ten Hotel Violators

Rank	Name of Hotel	Address	Borough	Number of Open Violations
1	Dawn Hotel of NY LLC	6-8 ST NICHOLAS PLACE	Manhattan	78
2	Frant Hotel	209/211 WEST 101 STREET	Manhattan	59
3	Ellington Hotel LLC	610 WEST 111 STREET	Manhattan	37
4	Aladdin Hotel	317 WEST 45TH STREET	Manhattan	26
5	Apollo Hotel	2027 7TH AVENUE	Manhattan	25
6	Lincoln Atlantic Motor Inn Inc	90-35 Van Wyck Expy	Queens	17
7	Park Overlook Hotel	1938 WEBSTER AVENUE	Bronx	16
8	Galaxy Motel	860 PENNSYLVANIA AVE	Brooklyn	16
9	Manhattan Center	315 West 34th Street	Manhattan	10
10	Extended Stay America-NYC LaGuardia Airport	18-30 WHITESTONE EXP	Queens	10

While the violations at hotels are alarming, investigators found violations at cluster sites to be especially egregious, with 93% of those analyzed having open violations. Despite numbering less than homeless hotels, cluster sites had nearly six times as many violations and averaged 68 violations per site. The Bronx has the highest number of violators with six sites making the top 10 list and accounting for 46% of violations uncovered. The worst violator in the city and the site of a recent shooting, Bedco Cluster in the Bronx, had 185 open violations including rodent and roach infestations, mold, lead paint in several units and failure to install smoke and carbon monoxide detectors. The site also lacks a locking front entryway and door locks are absent from several units.

Top Ten Cluster Site Violators

Rank	Name of Cluster Site	Address	Borough	Number of Open Violations
1	BEDCO CLUSTER	1055 UNIVERSITY AVENUE	Bronx	185
2	LCG COMMUNITY SERVICES CLUSTER	111 E MOSHOLU PARKWAY N	Bronx	166
3	BEDCO CLUSTER	250 East 176 Street	Bronx	158
4	LCG BROOKLYN	1801 Pitkin Avenue	Brooklyn	144
5	CHLDN RESCUE FUND CL MODEL PRG	1575 TOWNSEND AVENUE	Bronx	143
6	BROOKLYN ACACIA CLUSTER	2063 NOSTRAND AVENUE	Brooklyn	142
7	LCG COMMUNITY SERVICES CLUSTER	2723 Barnes Avenue	Bronx	140
8	LCG COMMUNITY    SERVICES CLUSTER	1229 CLAY AVENUE	Bronx	123
9	MONICA HOUSE II, WOMEN IN NEED	899 MONTGOMERY STREET	Brooklyn	113
10	MONICA HOUSE II, WOMEN IN NEED	434 SCHENECTADY AVENUE	Brooklyn	112

As part of the IDC investigation staff visited the Van Cortlandt Motel in The Bronx to take undercover photographs of conditions. These sites are generally difficult to access, however IDC staff obtained access to a room at the hotel and were able to photograph unsafe conditions and damaged units.

In response to the findings, the IDC proposes a five-point legislative solution that will focus on prevention, re-housing and planning. The proposal includes the Home Stability Support initiative which will provide a statewide rent supplement for families and individuals, who are facing eviction, are currently homeless, or who have lost housing due to domestic violence and/or hazardous conditions. The IDC will introduce legislation to ensure inclusion of domestic violence survivors within the HSS, expand housing anti-discrimination measures, give preference in the New York City Housing Lottery to those living in shelters and require a survey of homelessness across the state. With the implementation of these policies, the use of dangerous hotels and cluster sites will be greatly diminished, resulting in safer, stable housing for struggling New Yorkers.

“Empire Justice Center is grateful to Senator Klein and the Independent Democratic Conference for bringing into sharp focus the unacceptable level of homelessness in New York, the plight of those who do not have a decent place to live, and for their crucial backing of the Home Stability Support initiative (HSS).  Empire Justice Center is proud to be a partner in this campaign to that seeks to bring housing stability to thousands of low income New Yorkers, from Buffalo to Suffolk County.  In communities all over this State, many of the people who Empire Justice serves simply cannot afford housing.  In addition, many New Yorkers must pay for fuel for heating in addition to their rent and thus engage in a monthly triage, balancing among rent costs, fuel bills and food.  HSS will make it possible to pay the rent, pay for heat and achieve the stable home that they have worked so hard for, but that has been out of their grasp,” Said Don Friedman, Managing Attorney of Empire Justice Center’s Long Island office.

“The Home Stability Support proposal that is being championed here by Senator Klein and the Independent Democratic Conference, is the first proposal that is matched to the scale of the crisis we are facing.  Home Stability Support addresses the most serious drivers of homelessness including the failure of homelessness prevention supplements to keep pace with the dramatically rising costs of housing in New York City and elsewhere around the State, and the failure to adequately support families fleeing domestic violence.  With over 150,000 New Yorkers either homeless or on the brink of homelessness, today marks a turning point in the fight to secure safe and permanent housing for homeless New Yorkers. Homelessness is not a partisan issue, and now, more than ever, it is time for the Executive, both houses of the legislature, and the City of New York to pull together to tackle this problem. We believe there is indeed a will to do so,” said Kenneth Stephens, Supervising Attorney, Civil Law Reform Unit, The Legal Aid Society.

Assembly Leads the Way in Protecting Women's Reproductive Freedom

  Assemblyman Jeffrey Dinowitz announced that he helped pass two critical pieces of legislation to strengthen and protect women’s reproductive rights. The measures affirm a woman’s right to an abortion in New York State (A.1748) and require insurers to continue covering contraception at no cost to the consumer (A.1378).

            “From coast to coast, women are fighting for their reproductive freedom, pushing back against what seems to be never-ending attacks on their rights,” Assemblyman Dinowitz said. “Over and over, we hear politicians arguing about what’s best for women, as if it’s their decision to make. Let me be clear: A woman and her doctor know what’s best for her health – not the government and not an insurance company.”

            There are 31 states with laws and regulations in place that put obstacles in the way of women obtaining access to abortions. In 2016 alone, 14 states passed new laws to further restrict this constitutional right.[1] And now, less than a month into 2017, at least 46 anti-choice bills have been introduced or are pending in state legislatures across the country.[2] It’s been nearly 44 years since the U.S. Supreme Court’s landmark decision in Roe v. Wade, and yet the threat to women’s reproductive rights is as alarming and real as ever. With an anti-choice president about to take office with a Supreme Court vacancy to fill, the time to fight back is now, said Assemblyman Dinowitz.

            The Assembly Majority has shown a steadfast commitment to ensuring New York is a place where a woman’s constitutionally guaranteed right to choose is safeguarded and valued. Today, legislation was passed by the Assembly to protect a woman’s right to terminate a pregnancy within 24 weeks, or when the pregnancy is not viable, or endangers her life or health (A.1748). The legislation emphasizes that the goal of medical laws and regulations should be to improve the quality and availability of health care, not to place undue burdens on patients and providers. 

The second piece of Assembly legislation, the Comprehensive Contraception Coverage Act, requires health insurers to cover all FDA-approved contraceptive drugs, devices and products when they are prescribed by a health care provider (A.1378). The legislation, though, leaves in place existing state law that allows religious employers to request an insurance policy that does not cover contraceptive methods. Further, the measure ensures coverage for emergency contraception, voluntary sterilization, patient education and counseling and all related follow-up care. Insurance companies are prohibited from charging co-pays, co-insurance payments and deductibles for contraception and are barred from imposing any restrictions or delays with respect to such coverage.

A hallmark of the Affordable Care Act (ACA) is the requirement that insurance providers cover contraception and preventive services at no cost to the consumer. But with the ACA in peril, it’s time New York takes action to ensure this vital coverage doesn’t disappear for the countless women and men who depend on it, noted Assemblyman Dinowitz.

“Not only is the right to choose under attack – this battle for equality stretches much further than that. Planned Parenthood is under attack, basic health care is under attack, our futures are under attack, and I refuse to sit back and do nothing,” Assemblyman Dinowitz said. “It’s up to New York State to be a leader and stand up for reproductive freedom. We can’t allow the progress we’ve made in the fight for full women’s equality to be undone – not now, not ever.”

---

[1] washingtonpost.com/news/the-fix/wp/2016/06/01/14-states-have-passed-laws-making-it-harder-to-get-an-abortion-already-this-year/?utm_term=.4f06124ccf5c

[2] news.vice.com/story/at-least-46-anti-abortion-bills-are-already-in-front-of-state-legislatures-in-2017

311 SETS NEW RECORD WITH NEARLY 36 MILLION INTERACTIONS IN 2016

Nearly half of all interactions were digital; 311 mobile app use growing rapidly

   NYC311, New York City’s primary source of government information and non-emergency services, set another record for the most annual contacts with 35,982,514 customer requests for services or information in 2016 – surpassing the previous record in 2015 by 5 percent.

Increasingly, customer interactions are happening on digital channels – either through the website, mobile app, or social media – demonstrating 311’s adaptability and strong efforts to be available to New Yorkers in the digital spaces they use to communicate and find information. Digital interactions made up 46 percent of total 2016 contacts. Mobile app usage is growing quickly from year to year – in 2016, over 136,000 people downloaded the 311 app to their smartphones, a 44 percent increase in the total number of app users. Over a million of the 2016 customer contacts came through the mobile app, and over 15 million were from the 311 Online website.

“Whether they’re tweeting at 311 or using their smartphones to file complaints, New Yorkers are increasingly using digital means to contact the city or find information. And 311 has risen to the occasion, providing excellent service by phone, app, and the web as more and more New Yorkers are reaching out,” said Mayor Bill de Blasio.

“More and more customers are visiting us online or using the mobile app to get quick and easy information about City programs or file service requests. Our phones lines are always open, but we’re excited about the new ways New Yorkers can contact us digitally, and we’ll keep working to meet customers where they are and hold fast to our core mission – equitable service delivery for all New Yorkers,” said NYC311 Executive Director Joseph Morrisroe.

A customer contact is defined as any interaction with 311 that results in the customer receiving information or submitting a request – including a phone call, mobile app submission, social media interaction, or website visit. 311 contact growth was largely driven by customers’ increased digital engagement with the City. Digital contacts made up 46 percent of all 311 interactions in 2016 – a significant increase from 38 percent in 2015 and 26 percent in 2014. Digital interactions have increased as customers are increasingly using the City’s digital platforms to access government information, programs and file service requests. 311 social media has also grown in popularity as a way to keep in touch with City government through Twitter, Facebook and Instagram. NYC311 social media followers spiked 46 percent in 2016, with 316K total followers on the four managed accounts (NYC311 & NYCASP Twitter, Facebook and Instagram).

The City logged 2,827,672 service requests, and the top five categories were noise, apartment issues, illegal parking and blocked driveways. While the total service requests filed increased by 4.9 percent since 2015, apartment issues and noise complaints declined 7 percent and 4 percent respectively.The top inquiries to the call center and 311 Online were related to parking tickets. Customers called to get parking ticket information status and used the website to pay their tickets online. Additional top inquires for the call center ranged from finding a towed vehicle, getting property tax assistance, learning what bulk items can be thrown out and making an appointment for an IDNYC municipal ID card. Highly requested topics for 311 Online focused on City programs such as affordable housing, working for the City and the SNAP program.

Total Customer Contacts
Calls to 311	19378299
311 Online Visits	15259879
311 Mobile App	1135045
311-692 Text	119332
311 Chat	83064
311 Twitter	6895
Total	35982514
Total NYC Population	8550405
Average Contacts Per Resident	4.2
Top 5 Service Requests
Noise	370645
Apartment Maintenance	366047
No Heat/Hot Water	227959
Illegal Parking	122479
Blocked Driveway	119046
Total Service Requests Filed	2827672
As % of Total Contacts	7.90%

Top 5 Inquiries by Channel
Call Center	311 Online
Parking Ticket Status	Pay a Parking Ticket
Find a Towed Vehicle	Affordable Housing
Property Tax Account Assistance and Bill Information	New York City Housing Lottery
Bulk Item Disposal Information	NYC Jobs
IDNYC - Make an Appointment	Supplemental Nutrition Assistance Program (SNAP)

NYC311 aims to provide the public with quick, easy access to all New York City government services and information. New Yorkers can connect with 311 online, by text, phone, or social media. The agency works continuously to make government services more accessible to non-English speakers, with 311 Online available in more than 50 languages.

New Yorkers can connect with 311 by:

• Visiting 311 Online.
• Texting 311-692.
• Calling 311 or (212) NEW-YORK, (212) 639-9675, from outside New York City.
• Contact 311 using a Video Relay Service (VRS) at (212) NEW-YORK, (212) 639-9675.
• Contacting 311 using TTY or Text Telephone at (212) 504-4115.
• Following 311 on Twitter, Facebook, and Instagram.
• Downloading 311’s iPhone or Android app

"Since I personally use the NYC 311 app I know how convenient and effective it is," said Council Member Ben Kallos. "Whether you are reporting noise, parking issues or getting help for homeless individuals, New Yorkers should continue to report all non-emergencies to 311 to get New York City running even more efficiently." 

Bronx Dems 2017 Winter Networking Reception

Bronx Borough President Ruben Diaz Jr. - 2017 State of the Borough Address

You are cordially invited to Bronx Borough President Ruben Diaz Jr.'s 2017 State of the Borough Address. The Honorable Ruben Diaz Jr. President, Borough of The Bronx cordially invites you to The State of The Borough Address Thursday, February 23, 2017 11:30 a.m. John F. Kennedy Campus 99 Terrace View Avenue The Bronx seating is limited Click Here to R.S.V.P.

The Office of Bronx Borough President Ruben Diaz Jr. | 718-590-3500 webmail@bronxbp.nyc.gov |  bronxboropres.nyc.gov

Coming to a McDonald's Near You?

  At this McDonald's on White Plains Road just south of Allerton Avenue you will be soon placing your order from this new 'Order Taker Machine'. What with the minimum wage going up costs have to be kept down. This new OTM is only one of four such OTM's that have been placed in this McDonalds. After all it takes only pennies an hour to run this OTM, it will never ask for a raise, overtime, and call in sick. Plus with this OTM the owner will not have to pay unemployment, or even have to keep tax records for this new employee.  

  I was told that no employee is to be fired, but that would mean no new employees would be hired to take orders from customers. The new OTM will also never get into an argument with a customer, and like a bank ATM has a help button right in the lower middle section to assist a customer. There may still be a live order taker, again much like a bank with one live teller, but using the ATM or now OTM should get a customer out quicker. As for live help, people are still going to be needed to cook the food, package it, and give it to the customer. As for paying for the food ordered it may be done with a credit or debit card at the OTM, or even by paying cash when you pick up your order. 

As you can see in the photo on the left there are other OTM's in this McDonald's.

On the right is OTM number 4 by the entrance door.

Happy ordering.

Manhattan U.S. Attorney Settles Lending Discrimination Suit Against JPMorgan Chase For $53 Million

Settlement Includes Admissions by the Bank and Provides Compensation for Borrowers Harmed by the Discriminatory Lending Practices

   Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has filed and settled a federal civil rights lawsuit against JPMORGAN CHASE BANK, N.A. (“CHASE”) alleging discrimination on the basis of race and national origin in the conduct of its wholesale lending business, in violation of the Fair Housing Act (“FHA”) and the Equal Credit Opportunity Act (“ECOA”). The Consent Order between the parties was approved today by the Honorable Alison J. Nathan.

Manhattan U.S. Attorney Preet Bharara said: “Today’s settlement will compensate thousands of African-American and Hispanic borrowers who paid higher rates and fees on Chase mortgages than similarly situated white borrowers. In the settlement announced today, Chase admits the Government found that the bank’s wholesale lending brokers charged minority borrowers more than white borrowers in the same position. Such unequal treatment is not only unfair, but a violation of the Fair Housing Act.”

According to the stipulation of fact agreed to by the parties in the Consent Order, filed in federal court in Manhattan:

• Prior to January 2006 and continuing until early 2009, Chase originated and funded residential mortgage loans through a wholesale channel. Applications for these loans were brought to Chase by thousands of independent mortgage brokers throughout the United States who had entered into contracts with Chase for the purpose of bringing mortgage loan applications to it for origination and funding.

• From 2006 to 2009, approximately 360,000 wholesale mortgage loans were sourced by these independent brokers and brought to Chase. Of these, Chase reported that approximately 40,000 wholesale loans were made to African-American borrowers and that approximately 66,000 wholesale loans were made to Hispanic borrowers. Chase closed its wholesale channel in 2009.

• The government’s data model projects that, from at least 2006 through late 2009, certain of the approximately 106,000 African-American and Hispanic borrowers who obtained loans through independent mortgage brokers participating in Chase’s wholesale channel paid higher rates and fees on “wholesale” home mortgage loans compared to the rates and fees paid by similarly situated white borrowers who obtained loans through independent mortgage brokers participating in Chase’s wholesale channel. It projects that in thousands of instances, an African-American borrower entering into the same type of Chase wholesale mortgage as a white borrower paid higher loan rates and larger fees than such white borrower. Similarly, it projects that in thousands of instances, a Hispanic borrower entering into the same type of Chase wholesale mortgage as a white borrower paid higher loan rates and larger fees than such white borrower.

To compensate the estimated 50,000 African-American and Hispanic borrowers who paid higher rates and fees than similarly situated white borrowers, CHASE has agreed to create a settlement fund in the amount of approximately $53 million. CHASE has further agreed to retain an administrator to manage the settlement fund and to locate borrowers who may qualify for compensation. Borrowers who are African American and/or Hispanic and who obtained a mortgage through CHASE’s wholesale channel from 2006 through 2009 should be contacted by the administrator in the next several months, or can contact the United States Attorney’s Office directly, by contacting the Civil Rights Complaint Line at (212) 637-0840, using the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or by sending a written claim to:

U.S. Attorney’s Office, Southern District of New York

86 Chambers Street, 3rd Floor

New York, New York 10007

Attention: Chief, Civil Rights Unit

Former FBI Employee Sentenced In Manhattan Federal Court To 24 Months In Prison For Acting As An Agent Of China

Kun Shan Chun, a/k/a “Joey Chun,” Provided Sensitive FBI Information to the Chinese Government

   Preet Bharara, the United States Attorney for the Southern District of New York, Mary B. McCord, Acting Assistant Attorney General for National Security, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that KUN SHAN CHUN, a/k/a “Joey Chun,” was sentenced to serve 24 months in prison and pay a $10,000 fine based on his conviction for acting in the United States as an agent of the People’s Republic of China (“China”), without providing prior notice to the Attorney General. CHUN pled guilty on August 1, 2016. U.S. District Judge Victor Marrero imposed today’s sentence.

Manhattan U.S. Attorney Preet Bharara said: “Kun Shan Chun, an FBI employee, was supposed to work to protect and serve the American people. But instead, he acted as a secret agent of China. For that betrayal, Chun has now been sentenced to federal prison.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “The FBI continues to be vigilant in an effort to warn American industries, businesses and institutions of the dangers posed by the insider threat. This investigation validates that we at the FBI are not immune to the threat of an insider. The FBI will continue to diligently protect its equities, and those of both our U.S. intelligence community partners and those in the private sector, from insiders looking to steal our information and use it against us.”

According to the Information filed against CHUN, other documents publicly filed in this case, and statements made during court proceedings, including today’s sentencing:

CHUN, a native of China and a naturalized citizen of the United States, began working at the FBI’s New York Field Office in approximately 1997 as an electronics technician assigned to the Computerized Central Monitoring Facility of the FBI’s Technical Branch. In approximately 1998, and in connection with his employment, the FBI granted CHUN a Top Secret security clearance, and his duties included accessing sensitive and, in some instances, classified information. As discussed in more detail below, in connection with a progressive recruitment process, CHUN received and responded to requests from Chinese nationals and at least one Chinese government official (“Chinese Official-1”), at least some of whom were aware that CHUN worked at the FBI.

On multiple occasions prior to his arrest in March 2016, while engaging in a prolonged and concerted effort to conceal from the FBI his illicit relationships with these individuals, CHUN disclosed to Chinese Official-1 – at minimum – information regarding the FBI’s personnel, structure, technological capabilities, general information regarding the FBI’s surveillance strategies, and certain categories of surveillance targets.

CHUN’s Purported Consulting for Zhuhai Kolion Technology Company Ltd.

Beginning in at least 2005, CHUN and certain of his relatives maintained relationships with Chinese nationals purporting to be affiliated with a company in China named Zhuhai Kolion Technology Company Ltd. (“Kolion”). CHUN maintained an indirect financial interest in Kolion, including through a previous investment by one of his relatives. In connection with these relationships, Chinese nationals asked CHUN to perform research and consulting tasks in the United States, purportedly for the benefit of Kolion, in exchange for financial benefits, including partial compensation for international trips as well as cash payments made to CHUN’s relative.

Between 2006 and 2010, CHUN’s communications and other evidence reflect inquiries to CHUN from purported employees of Kolion while CHUN was in the United States, as well as efforts by CHUN to collect, among other things, information regarding solid-state hard drives and printer cartridges.

CHUN’s Relationship with Chinese Official-1

CHUN was introduced to Chinese Official-1 in approximately 2007 and subsequently provided Chinese Official-1 with sensitive information from the FBI. During a trip to Italy and France in 2011, CHUN met with Chinese Official-1. Chinese Official-1 indicated that he worked for the Chinese government, and that he knew CHUN worked for the FBI. During subsequent private meetings conducted abroad between CHUN and Chinese Official-1, Chinese Official-1 asked questions about sensitive, nonpublic FBI information. During those meetings, CHUN disclosed, among other things, the identity and potential travel patterns of an FBI Special Agent.

In approximately 2012, the FBI conducted a routine investigation relating to CHUN’s Top Secret security clearance. In an effort to conceal his relationships with Chinese Official-1 and the other Chinese nationals purporting to be affiliated with Kolion, CHUN repeatedly lied on a standardized form related to the security clearance investigation. During the period between 2000 and CHUN’s termination, CHUN also reported to the FBI that he had traveled to the areas of Hong Kong and China approximately nine times, as well as additional trips to Canada, Thailand, Europe, Australia, and New Zealand. CHUN was required by FBI policy to disclose anticipated and actual contact with foreign nationals during his international travel, but he lied on numerous pre- and post-trip FBI debriefing forms by omitting his contacts with Chinese Official-1, other Chinese nationals, and Kolion.

Examples of CHUN’s Actions in the United States in Response to Requests from Chinese Official-1

Chinese Official-1 asked CHUN on multiple occasions for information regarding the internal structure of the FBI. In response to those requests, in approximately March 2013, CHUN downloaded an FBI organizational chart from his FBI computer in Manhattan. CHUN later admitted to the FBI that, after editing the chart to remove the names of FBI personnel, he saved the document on a piece of digital media and caused it to be transported to Chinese Official-1 in China.

Chinese Official-1 also asked CHUN for information regarding technology used by the FBI. In approximately January 2015, CHUN took photographs of documents displayed in a restricted area of the FBI’s New York Field Office, which summarized sensitive details regarding multiple surveillance technologies used by the FBI. CHUN sent the photographs to his personal cell phone, and later admitted to the FBI that he caused the photographs to be transported to Chinese Official-1 in China.

CHUN’s Admissions to an FBI Undercover Employee

In about February 2015, the FBI caused an undercover employee (the “UCE”) to be introduced to CHUN. The UCE purported to be employed by an independent contractor.

During a March 2015 recorded meeting, CHUN told the UCE about his relationship with Kolion and Chinese nationals. In a subsequent recorded meeting in March 2015, CHUN explained to the UCE that Kolion had “government backing,” and that approximately five years earlier a relative met a “section chief” who CHUN believed was associated with the Chinese government.

In June 2015, during a recorded meeting, CHUN told the UCE that he had informed his Chinese associates that the UCE may be in a position to assist them. CHUN said that he wished to act as a “sub-consultant” to the UCE and wanted the UCE to “pay” him “a little bit.” In July 2015, after coordinating travel in an effort to introduce the UCE to CHUN’s Chinese associates, CHUN met with the UCE twice. During one of the meetings, CHUN stated that he knew “firsthand” that the Chinese government was actively recruiting individuals who could provide assistance, and that the Chinese government was willing to provide immigration benefits and other compensation in exchange for such assistance. The UCE told CHUN that he had access to sensitive information from the United States government. CHUN responded that his Chinese associates would be interested in that type of information, but that CHUN expected a “cut” of any payment that the UCE received for providing information to the Chinese government.

CHUN’s Arrest by the FBI and Confession

CHUN was arrested by the FBI on March 16, 2016. He subsequently confessed to most of the foregoing activities, including having taken steps to collect sensitive FBI information in the United States in response to taskings from Chinese Official-1. CHUN explained that he was motivated in part by the financial benefits that he and others derived from these relationships, but also admitted that he understood that he had provided assistance to the Chinese government.

The Seizure of Additional Sensitive FBI Information from CHUN’s Residence

The FBI searched CHUN’s residence pursuant to a search warrant around the time of his arrest. Agents found a .40 caliber handgun and an AR-15 rifle in CHUN’s basement, neither of which was registered in New York. The FBI also seized from CHUN’s residence a thumb drive that contained three files with sensitive FBI information dating back to approximately 2006 and 2007. CHUN’s job at the FBI did not require him to work from home, and there is no legitimate reason for him to have possessed these files at his residence. One file – which had a “date modified” of January 19, 2007 – was marked with a security header that read “FBI SENSITIVE INFORMATION FOR OFFICIAL USE ONLY.” The document described technical details of FBI surveillance infrastructure, including specific information about networks used to store highly sensitive, classified data. The second file contained information relating to ways in which FBI employees could access raw intelligence information, and it included network details and unique usernames for ten FBI employees. The third file – which had a “date modified” of July 20, 2007 – contained a spreadsheet dated June 2, 2006, that included names and telephone numbers of FBI personnel with jobs similar to CHUN’s position, as well as telephone numbers for lines that Electronics Technicians such as CHUN would have used to configure or troubleshoot network issues with the FBI’s New York Office.

In addition to the prison sentence and fine, Judge Marrero also sentenced CHUN, 47, to one year of supervised release and to pay a $100 special assessment.

Mr. Bharara praised the outstanding investigative work of the FBI’s Counterintelligence Division. Mr. Bharara also thanked the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.