Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - APRIL 21, 2022

 

18 Statewide Deaths Reported Yesterday        

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

"By using the tools, we can protect ourselves from subvariants and keep both ourselves and our loved ones healthy," Governor Hochul said. "Make sure to keep up to date on vaccine doses, get the second booster as soon as you are eligible, and make sure your children are fully vaccinated. Remember to get tested before traveling and ask your doctor about treatments if you test positive."   

Today's data is summarized briefly below:   

• Cases Per 100k - 34.77  
• 7-Day Average Cases Per 100k - 31.36  
• Test Results Reported - 93,758  
• Total Positive - 6,794  
• Percent Positive - 7.42**  
• 7-Day Average Percent Positive - 5.94%**
• Patient Hospitalization - 1,453 (+49)  
• Patients Newly Admitted - 267
• Patients in ICU - 168 (-2)
• Patients in ICU with Intubation - 59 (-7)
• Total Discharges - 294,173 (+235)
• New deaths reported by healthcare facilities through HERDS - 18
• Total deaths reported by healthcare facilities through HERDS - 55,348 

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.  

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.   

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.  

• Total deaths reported to and compiled by the CDC - 70,622        

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.      

• Total vaccine doses administered - 38,092,465
• Total vaccine doses administered over past 24 hours - 31,933 
• Total vaccine doses administered over past 7 days - 194,811
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 92.3%  
• Percent of New Yorkers ages 18 and older with completed vaccine series - 83.6%  
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%  
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 86.6%  
• Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 82.9%  
• Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 72.9%  
• Percent of all New Yorkers with at least one vaccine dose - 81.8%  
• Percent of all New Yorkers with completed vaccine series - 74.0%  
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 90%  
• Percent of all New Yorkers with completed vaccine series (CDC) - 76.7%  

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:     

Borough	Monday, April 18, 2022	Tuesday, April 19, 2022	Wednesday, April 20, 2022
Bronx	1.72%	2.20%	2.41%
Kings	3.18%	3.37%	3.63%
New York	4.85%	4.97%	5.19%
Queens	3.08%	3.45%	3.90%
Richmond	3.45%	3.98%	4.37%

DEC COMMISSIONER SEGGOS ANNOUNCES STATEWIDE DIESEL TRUCK EMISSION ENFORCEMENT BLITZ DURING EARTH WEEK

 

Supports New York State’s Efforts to Reduce Harmful Air Emissions, Particularly in Environmental Justice Communities Disproportionately Overburdened by Pollution

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today visited Albany’s South End neighborhood to announce a week-long truck enforcement detail happening in disadvantaged communities across the State as part of New York’s commemoration of Earth Week. Environmental Conservation Police Officers (ECOs) from DEC’s Division of Law Enforcement, in coordination with DEC’s Division of Air Resources staff, are conducting the details to protect public health and the environment by inspecting diesel vehicles to ensure compliance with the State’s stringent air regulations. This enforcement blitz will take place in approximately 30 locations to advance efforts to reduce harmful air emissions, especially in disadvantaged communities most impacted by transportation pollution. 

“New York State continues to lead the nation in taking bold action to reduce greenhouse gas emissions and other air pollutants that harm our environment, economy, and affect Environmental Justice communities that are disproportionately impacted by pollution,” Commissioner Basil Seggos said. “This latest diesel truck detail, happening as we commemorate Earth Week, will take dirty trucks off our roads and provides us with a great example of why we need to accelerate our transition from fossil fuels to prevent the damage they cause to our climate and the health of our communities.”

The detail will help identify non-compliant heavy-duty vehicles and reduce emissions of fine particulate matter in disadvantaged communities where there is often significant heavy-duty vehicle traffic. DEC’s Earth Week enforcement details are happening in and around Environmental Justice communities in Suffolk, Nassau, Queens, Bronx, Westchester, Rockland, Orange, Ulster, Dutchess, Schoharie, Delaware, Montgomery, Rensselaer, Clinton, Washington, Warren, Saratoga, St. Lawrence, Jefferson, Oneida, Cortland, Oswego, Broome, Seneca, Schuyler, Steuben, Allegany, Chautauqua, Niagara, and Erie counties.

In addition to conducting emissions inspections on diesel vehicles, ECOs will also engage in targeted enforcement of regulations restricting idling time for diesel vehicles. Reduced idling time cuts down on air pollution and noise, improves fuel economy, and saves diesel operators and consumers money. Officers will also monitor compliance of pesticide applications, solid waste transportation, and open burning as part of the Earth Week detail.

New York prioritizes climate justice in several ways, including in the implementation of the ambitious Climate Leadership and Community Protection Act which requires the State to invest or direct resources to ensure that disadvantaged communities receive at least 35 percent, with the goal of 40 percent, of overall benefits of spending on clean energy and energy efficiency programs. Draft criteria developed by the Climate Justice Working Group will guide the equitable implementation of the Climate Act. The draft criteria include an interactive map and list of communities the criteria would cover for directing programs and projects to reduce air pollution and climate-altering greenhouse gas emissions, provide economic development opportunities, and target clean energy and energy efficiency investments. New Yorkers can comment on the draft disadvantaged communities criteria until July 7, 2022, by going to https://climate.ny.gov. In addition,  the Draft Scoping Plan, which describes recommended policies and actions to help New York meet its climate directives as part of the Climate Act, is available for public comment until June 10, 2022, at https://climate.ny.gov.

The transition to electric vehicles (EVs) is a critical component of improving the air quality in disadvantaged communities and will achieve the goals in the Climate Act. Earlier this year, Governor Kathy Hochul’s State of the State address included several initiatives to support New York’s transition to electric vehicles, including: the commitment to convert the State agency fleet to all zero-emission vehicles by 2035; require the purchase of zero-emission school buses by 2027; and invest $1 billion in electric transportation, mostly directed to charging infrastructure.

In addition, Governor Hochul signed legislation this past September requiring the sale of 100 percent zero-emission cars by 2035, and 100 percent zero-emission trucks and buses by 2045. DEC is also enacting regulatory requirements that are driving a transition to EVs as more and more electric vehicles are now available across the market, from passenger cars to SUVs and pickup trucks. This includes New York’s adoption of California rules requiring vehicle manufacturers to sell an increasing amount of zero-emission cars and light trucks, and issuing the Advanced Clean Truck Rule, which requires manufacturers of trucks and buses to sell a certain percentage of zero-emission trucks and buses.

Existing programs to help fund the transition to zero-emission vehicles include the New York Truck Voucher Incentive Program (NYTVIP), administered by the New York State Energy Research and Development Authority (NYSERDA), which helps make it easier for fleets to adopt zero-emission vehicle technologies while removing the oldest, dirtiest diesel engines from New York roads. NYTVIP provides vouchers, or discounts, to fleets across New York State that purchase or lease medium- and heavy-duty zero-emission battery electric or hydrogen fuel cell electric vehicles. The New York State Clean Diesel Grant Program (NYSCDGP) is another initiative designed to improve air quality by reducing harmful diesel exhaust emissions that usually come from older trucks, marine vessels, and other diesel-powered equipment. NYSCDGP has received funding through the Diesel Emission Reduction Act since 2008 to provide opportunities and incentives to public and private entities with eligible projects. DEC also administers the Municipal ZEV Rebate through the Climate Smart Communities Program to provide rebates to cities, towns, villages, counties, and New York City to purchase or lease eligible new zero-emission vehicles for fleet use.

For more information visit Heavy Duty Vehicles - NYS Dept. of Environmental Conservation.

Former Brooklyn Supreme Court Justice Sentenced To 15 Months In Prison For Obstructing Federal Investigation Of Misconduct At Municipal Credit Union

 

 Damian Williams, United States Attorney for the Southern District of New York, announced that SYLVIA ASH, a former justice of the New York State Supreme Court and chair of the Board of Directors of Municipal Credit Union (“MCU”), was sentenced today in Manhattan federal court to 15 months in prison for conspiracy to obstruct justice, obstruction of justice, and making a false statement to a federal agent.  These charges arose from a scheme to impede the federal criminal investigation into fraud and corruption at MCU, a non-profit, multibillion-dollar financial institution, including misconduct committed by Kam Wong, the former chief executive officer (“CEO”), and Joseph Guagliardo, a former New York City Police Department Officer and member of MCU’s Supervisory Committee.  Wong and Guagliardo were charged separately and previously pled guilty to embezzlement from MCU.  ASH was convicted in December 2021 after a two-week jury trial before U.S. District Judge Lewis A. Kaplan, who imposed today’s sentence. 

U.S. Attorney Damian Williams said: “While serving as a sitting state judge, Sylvia Ash took repeated steps, over multiple months, to seek to obstruct the federal criminal investigation into misconduct at MCU that took place during Ash’s tenure as chair of its Board of Directors.  Ash agreed to do so with the now imprisoned former CEO of the credit union, who provided her with a steady stream of benefits from MCU, including after she was directed to resign from MCU’s board.  Today’s sentence sends a clear message that those who attempt to thwart a federal investigation face serious consequences for that corrosive conduct.”

In pronouncing the sentence, Judge Kaplan said ASH’s “crimes struck at the heart of the criminal justice system.”

According to the Complaint, Indictment, Superseding Indictment, publicly available information, court filings, and evidence presented during the trial in Manhattan federal court:

Municipal Credit Union

MCU is a non-profit financial institution headquartered in New York, New York, which is federally insured by the National Credit Union Administration (“NCUA”).  MCU is the oldest credit union in New York State and one of the oldest and largest in the country, providing banking services to more than 590,000 members, and with more than $4.2 billion in member accounts, each of which is insured for at least $250,000 by the National Credit Union Share Insurance Fund, which is administered by the NCUA.  Membership in MCU is generally available to employees of New York City and its agencies, employees of the federal and New York state governments who work in New York City, and employees of hospitals, nursing homes, and similar facilities located within New York State.

At all relevant times, MCU was overseen by a Board of Directors (the “Board”) and a Supervisory Committee, each of which was composed of members of MCU, who were not supposed to be compensated.  As a result of severe deficiencies in the Board’s and the Supervisory Committee’s oversight of the credit union, which came to light in connection with the federal investigation, the New York Department of Financial Services (“DFS”) removed the members of the Supervisory Committee in May 2018 and the Board in June 2018.  Subsequently, DFS appointed NCUA as the conservator for the credit union.  In or about February 2022, MCU successfully emerged from conservatorship under new leadership.

ASH

ASH served as a judge in the New York State court system from approximately 2006 through March 2022, first as a Kings County Civil Court Judge, and then, starting in 2011, as a Kings County Supreme Court Justice.  In or about January 2016, ASH was appointed as the presiding judge in the Kings County Supreme Court’s Commercial Division.  After the charges in this case were unsealed, ASH was suspended from her position.  In or about March 2022, after ASH was convicted, she vacated her judicial office. 

ASH served on MCU’s Board from in or about May 2008 until on or about August 15, 2016, when she resigned.  From in or about May 2015 until her resignation, ASH served as the chair of the Board.  ASH resigned after a complaint was filed against her by the New York State Commission on Judicial Conduct arising from a conflict of interest between her position as a state judge and her membership on MCU’s Board.  More than a year before her resignation, ASH had been instructed to resign from MCU’s Board by the Advisory Committee on Judicial Ethics, which instruction she disregarded.

From at least in or about 2012 through 2016, while serving as an MCU Board member and while Wong was CEO, ASH received annually tens of thousands of dollars in reimbursements and other benefits from MCU, many of which were personal in nature, and not business-related, including airfare, hotels, food and entertainment expenses for her and a guest to attend conferences both domestically and abroad, annual birthday parties at a minor league baseball stadium, payment for phone and cable bills, and electronic devices.  Even after her resignation from the Board, Wong continued to provide or cause MCU to provide ASH with benefits, such as Apple devices and sports tickets.  As a sitting state judge, ASH was required to report both her board service and gifts and benefits she received from any outside sources on an annual state disclosure form.  But between at least 2012 and 2018, ASH never reported her board service nor any gifts or benefits from MCU.

ASH’s Obstruction of Justice

In January 2018, after Wong, MCU’s then-CEO, had been approached by federal law enforcement agents investigating apparent financial misconduct by Wong, in an attempt to protect Wong, ASH agreed to and did sign a false and misleading memorandum purporting to explain and justify millions of dollars Wong had received from MCU.  Wong subsequently provided that false and misleading memorandum to federal agents in an attempt to demonstrate that the millions of dollars had purportedly been orally approved for him to receive by ASH in June 2015, when she was chair of the Board.  However, in truth, neither ASH nor the Board had approved the payment of those funds.

On March 1, 2018, shortly after Wong was placed on administrative leave by MCU, ASH was interviewed about the memorandum she signed for Wong.  During that interview, ASH admitted that the memorandum was not accurate, but attempted to justify the money that Wong received by stating that MCU’s then-current general counsel had told her that Wong’s employment contract gave him the option of receiving such money.  That statement was false.

On March 13, 2018, ASH was served with a federal grand jury subpoena (the “First Subpoena”), which required the production of documents related to various matters, including Wong’s compensation, and any communications with Wong through the date of the First Subpoena.  On April 6, 2018, during a telephonic interview with a federal agent, ASH falsely stated that she did not have any materials responsive to the First Subpoena.

On June 8, 2018—after Wong was charged with embezzlement from MCU and the Government executed a judicially-authorized search of the residence of Guagliardo—ASH was interviewed by telephone for a second time about the First Subpoena.  During that interview, ASH again falsely stated that she did not have any materials responsive to the First Subpoena. 

On June 18, 2018, ASH was served with a second federal grand jury subpoena (the “Second Subpoena”), which required the production of, among other things, all correspondence with Wong and Guagliardo; all documents regarding any criminal investigation, internal investigation, or audit related to Wong; and all documents regarding items of value ASH received from MCU, Wong, or Guagliardo.  Shortly afterward, ASH went to an Apple store and wiped an iPhone X that Wong had provided her in January 2018.  In addition, ASH deleted emails from her Gmail account, including all of her emails with Guagliardo, none of which she produced in response to either of the two federal grand jury subpoenas directed to her.  ASH also later wiped two MCU-issued iPads she had received.

On July 6, 2018, on ASH’s behalf, her then-counsel produced materials to the Government in response to the Second Subpoena.  This production was materially incomplete, and did not contain text messages, emails, and other documents ASH possessed or had under her custody or control that were responsive to the Second Subpoena.

On July 9, 2018, ASH attended a voluntary interview with the U.S. Attorney’s Office.  During this interview, while accompanied by her then-counsel, ASH made multiple false statements, including repeating false statements regarding her purported conversations with MCU’s former general counsel about Wong’s receipt of cash payments and falsely claiming that she and her aunt took a trip to Las Vegas paid for by MCU, including airfare, lodging, and entertainment expenses, after she resigned because all of her travel arrangements were paid for by MCU before she resigned, when in truth all of the expenses were paid for after she resigned.  

On or about October 11, 2019, ASH was arrested, and her cellphone was seized.  After obtaining a judicially authorized search warrant, ASH’s phone was searched, which revealed, among other things, numerous text messages, including with Wong and Guagliardo, that were concealed in response to the First and Second Subpoenas.

In addition to her prison term, ASH, 64, of Brooklyn, New York, was sentenced to a $80,000 fine, and two years of supervised release, including a special condition of twenty hours of community service per week while on supervised release.  The court reserved the decision on restitution to MCU. 

On June 4, 2019, Wong was sentenced to 66 months’ imprisonment for embezzlement from MCU and was ordered to forfeit $9,890,375 and to pay restitution in the same amount to MCU.

On July 23, 2020, Guagliardo was sentenced to 27 months’ imprisonment for embezzlement from MCU and was ordered to forfeit $425,514 and to pay $468,189 in restitution to MCU. 

U.S. Attorney Williams praised the outstanding work of the Special Agents of the United States Attorney’s Office.  Mr. Williams also thanked the New York County District Attorney’s Office and DFS for their assistance.

MAYOR ADAMS AND ATTORNEY GENERAL JAMES FIGHT OPIOID CRISIS WITH FIRST OF $256 MILLION IN PAYMENTS FOR NEW YORK CITY

 

Nearly $89 Million to Be Distributed to New York City This Year From Historic Opioid Settlements

 

Funds Will Be Used for Opioid Treatment and Prevention Across All Five Boroughs

  New York City Mayor Eric Adams and New York Attorney General Letitia James today announced the first of up to $256 million coming to New York City, beginning this week, to combat the opioid crisis that continues to ravage communities across the city. To address record overdose rates, New York City will receive $88.9 million this year — $11.5 million this week alone — to fund opioid prevention and treatment programs in all five boroughs. The funds are the first round of payments from the approximately $1.5 billion that Attorney General James has secured for the state from the historic settlements with manufacturers and distributors of opioids.

 

“Big Pharma raked in billions of dollars while people’s lives were lost and destroyed from opioids,” said Mayor Adams. “One New Yorker dies from an opioid overdose every four hours. Too many New Yorkers have suffered from death and addiction and too many families and communities have been torn apart. It’s time to end this public health crisis, and the $256 million New York City will be receiving thanks to Attorney General James’ good work will be critical in funding opioid treatment programs, education efforts, and other support programs across all five boroughs. This money will help us save lives and I thank Attorney General James for her partnership in fighting to end the opioid crisis.”

 

“Pharmaceutical companies that flooded New York communities with opioids are finally paying for the harm and devastation they caused,” said Attorney General James. “For far too long, opioid makers and distributors created more pain and suffering than they claimed to cure. The settlements my office secured from these companies are a result of our unwavering commitment to hold the powerful accountable and protect New Yorkers. Mayor Adams has been a dedicated partner in this fight, and we will not rest until our communities are free from the scourge of opioids. The money distributed today will help us turn the tide on the opioid crisis and ensure that every New Yorker struggling with addiction gets the help they need.”

 

Today’s payments are the first of many to New York City to tackle the opioid crisis. The first payments come from settlements with opioid distributors — AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation. Later this year, New York City will receive additional payments from the settlements with Endo Health Solutions, Janssen Pharmaceuticals, and Allergan.

 

As a result of these historic opioid settlements, New York City will receive $88,943,457.57 in 2022, and up to $256,458,972.37 over the course of the payout of the different settlements. More funds could possibly be awarded from a trial victory against Teva Pharmaceuticals USA, where a dollar figure has not yet been determined.

 

Today’s announcement also goes hand-in-hand with an announcement made by U.S. President Joseph Biden today, where he reiterated his commitment to fighting the opioid epidemic. The new strategy announced today tackles two major drivers of overdoses — untreated addiction and drug trafficking — and seeks to remove barriers to effective treatment, as well as to harm reduction services. At the same time, the president’s strategy lays out actions that will disrupt drug traffickers’ financial networks, supply chains, and delivery routes.

 

“So many fellow New Yorkers across the city have been touched by the opioid epidemic,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “Families have lost a mom, a dad, a sister, or a brother to addiction or overdose. Today’s announcement gives us hope though; it is about holding pharmaceutical companies accountable and about investing in programs and systems that work to support individuals and families to work toward a healthier tomorrow. Thank you to the mayor and to the attorney general for their advocacy and commitment to these issues and to the wellbeing of every New Yorker.”

 

“We have lost too many New Yorkers — family members, friends, and neighbors — to overdose,” said New York City Department of Health and Mental Hygiene (DOHMH) Commissioner Dr. Ashwin Vasan. “It’s critical that we continue to invest in bold and innovative solutions to this crisis and help more New Yorkers get connected to harm reduction and treatment services. I thank Mayor Adams and Attorney General James for their leadership on this important public health issue.”

 

“Mayor Eric Adams and Attorney General Letitia James have long fought to address the opioid epidemic that has ravaged this city, and I’m thankful for this settlement that will go to help our patients,” said Dr. Mitchell Katz, president and CEO, NYC Health + Hospitals. “From our Street Health Outreach and Wellness vans to our inpatient behavioral health services, we take care of all New Yorkers no matter where they are and offer whatever treatment they need.”

 

“Our work on the frontlines of the opioid crisis puts us in direct touch with families affected by unimaginable loss, and we must leverage those special bonds of trust to prevent additional overdose deaths,” said New York City Chief Medical Examiner Dr. Jason Graham. “This funding can support and expand our critical activities to provide real-time data to partner agencies, generate a comprehensive picture of what led to each overdose fatality, and connect surviving family members in need with life-saving services. This is how we can honor the lives lost to the opioid epidemic.” 

 

“NYC Health + Hospitals is the leading provider of substance use disorder treatment for women and families with addiction,” said Dr. Machelle Allen, chief medical officer, NYC Health + Hospitals. “We will invest these dollars in the development of family centered models of prevention and care, initiated during pregnancy, and continuing throughout early childhood development. I thank Mayor Adams and Attorney General James for their continued fight for our patients.”

 

“This funding couldn’t come at a more critical time for our patients and for our workforce,” said Rebecca Linn-Walton, PhD, LCSW, senior assistant vice president in the Office of Behavioral Health, NYC Health + Hospitals. “Substance Use Disorder is pain shared not just between patients, but families, communities, and the health care workers who treat them. This much-needed resource will save lives. What a meaningful thanks to those who have worked so tirelessly to treat substance use throughout the crisis, in the middle of a pandemic. We thank you. As someone whose life was saved by treatment, I thank you too.”

 

The New York City Department of Health and Mental Hygiene (DOHMH) recently released data showing a record number of overdose deaths citywide — 1,233 in just the first six months of 2021 compared to 965 over the same period in 2020 — which also match nationwide trends. Funds from these opioid settlements will help support citywide addiction prevention, treatment, recovery and harm reduction programs for all New Yorkers.

 

Pursuant to the new law establishing the opioid settlement fund, all funds collected by the state from opioid settlements or litigation victories will be allocated specifically for abatement efforts in communities devastated by the opioid epidemic and will not go towards the state’s general fund. In the years to come, the state’s Opioid Settlement Board will help distribute the up to $1.5 billion to communities across New York state to fight the opioid crisis. DOHMH Commissioner Dr. Vasan was appointed as a member of the Opioid Settlement Board by Mayor Adams earlier this month.

Former NYPD Police Officer Sentenced to 97 Months' Imprisonment for Bribery and Drug Trafficking Offenses Robert Smith Referred to Himself as “One of the Most Corrupt Cops” in the 105

 

Robert Smith Referred to Himself as “One of the Most Corrupt Cops” in the 105th Precinct

 In federal court in Brooklyn, Robert Smith, a former New York City Police Department (“NYPD”) police officer, was sentenced by United States District Judge Rachel P. Kovner to 97 months of imprisonment for using interstate facilities to commit bribery and attempting to transport heroin. During the relevant period, Smith was a NYPD police officer assigned to the 105th Precinct in Queens, retiring in March 2020. Smith pleaded guilty to the charges in October 2021. Smith’s co-defendant, Heather Busch, also a former NYPD police officer, was sentenced in February 2022 to six months’ imprisonment, after pleading guilty in August 2021 to using interstate facilities to commit bribery. Another co-defendant, Robert Hassett, also a former NYPD police officer, pleaded guilty in October 2021 to conspiracy to violate the Travel Act and is awaiting sentencing.

Breon Peace, United States Attorney for the Eastern District of New York; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Keechant L. Sewell, Commissioner, NYPD, announced the sentence.

“Corruption not only endangers the communities that police officers are sworn to serve, but it also corrodes the public’s trust in law enforcement and the criminal justice system. Robert Smith and his co-defendants were corrupt officers who sold out their badges for personal gain without regard for the betrayal and the harm they caused the NYPD and their fellow officers,” stated United States Attorney Peace. “For his crimes, Smith, self-described as ‘one of the most corrupt cops in the 105’, deservedly will spend years in prison. Today’s sentence should send a message that this Office, together with our law enforcement partners, will work diligently to investigate and prosecute corrupt public servants who exploit their positions of power for profit.”

“We have zero tolerance for corruption of any kind within the NYPD,” stated NYPD Commissioner Sewell. “We and our law-enforcement partners will continue to vigorously pursue corrupt public servants who exploit their positions for personal gain. In addition to eroding public trust in law enforcement, their disgraceful actions tarnish the reputation of the many thousands of police officers who honorably serve our communities each day.”

Smith engaged in several corrupt schemes to solicit and receive bribes while employed by the NYPD. Upon his retirement from the NYPD, Smith agreed to transport illegal drugs while armed with a gun in exchange for cash payments. In recordings obtained by the government during the investigation, Smith repeatedly referred to himself in criminal terms as, for example, “one of the most corrupt cops in the 105,” a “perp[] that got away,” and someone who, had he not been an NYPD officer, would have been “locked up so many times.”

The Tow Truck Scheme

Beginning in September 2016, NYPD Officers Smith and Hassett responded to automobile accidents by directing the damaged vehicles to a licensed tow trucking and automobile repair business (the “Business”) operated by an individual (the “Individual”), instead of using the NYPD’s Directed Accident Response Program (“DARP”), which requires NYPD officers to identify an appropriate licensed tow trucking business to respond to the scene of the automobile accident and remove the damaged vehicles from the scene. Smith and Hassett bypassed DARP and directed damaged vehicles directly to the Business in exchange for thousands of dollars in cash bribe payments. Smith and Hassett continued to participate in the scheme until at least June 2017.

In November 2019, Smith resumed his participation in the scheme and continued to steer vehicles damaged in automobile accidents to the Business in exchange for cash. Beginning in January 2020, Smith discussed his plan to recruit Busch to participate in the scheme in advance of his retirement from the NYPD. In March 2020, Busch, at Smith’s invitation, met with Smith and the Individual and agreed to participate in the scheme. Thereafter, Busch began steering vehicles damaged in automobile accidents to the Business in exchange for cash bribe payments, instead of utilizing DARP as required.

The Victim Database Scheme

Beginning in January 2020, Smith and Hassett obtained the names and identifying information of recent automobile accident victims from NYPD databases and provided that information to the Individual in exchange for cash. Smith and Hassett understood that the Individual would sell that information to physical therapy businesses and personal injury attorneys so that they could seek to solicit the automobile accident victims as customers.

Hassett accessed NYPD databases on numerous occasions in violation of NYPD regulations for the purpose of obtaining the names and identifying information of victims of automobile accidents. Hassett then arranged for that information to be delivered to the Individual, sometimes through Smith. In total, between January 2020 and March 2020, Smith and Hassett sold the names and identifying information of more than 100 victims to the Individual, in exchange for more than $7,000 in cash.

The Armed Drug Trafficking Scheme

Beginning in January 2020, Smith sought opportunities from the Individual to transport illegal narcotics, in exchange for payment, upon Smith’s retirement from the NYPD. In June 2020, Smith met with two undercover law enforcement officers posing as narcotics traffickers to discuss his interest in participating in a scheme to traffic drugs and told them he could carry a firearm and his retired NYPD identification while he was transporting the drugs. In July 2020, Smith met with a third undercover law enforcement officer and accepted a bag containing what Smith believed to be a kilogram of heroin. Smith transported the bag to a location in Queens where he delivered it to another undercover law enforcement officer in exchange for a payment of approximately $1,200 in cash.

The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Ryan C. Harris and Nicholas J. Moscow are in charge of the prosecution.