NY State Senator Gustavo Rivera Receives Endorsement From 1199SEIU

 

“I AM IMMENSELY PROUD:” STATE SENATOR GUSTAVO RIVERA RECEIVES ENDORSEMENT FROM 1199SEIU

In response to receiving the endorsement of 1199SEIU, New York State Senator Gustavo Rivera shared the following statement: 

“I am immensely proud to receive the endorsement of 1199SEIU for reelection to the New York State Senate. 1199 is the largest and fastest-growing healthcare union in the country, and its members, many of whom are my constituents, have been on the frontlines through the pandemic and beyond at great sacrifice to their personal health and safety. These courageous men and women give their all⁠—and then some⁠—every single day to protect the health and well-being of all New Yorkers."

NYC Health + Hospitals/Kings County Launches a Clinical Forensic Medicine Fellowship

 

This new fellowship will enhance patient care by training providers to identify signs of violence and gather evidence for legal proceedings

 NYC Health + Hospitals/Kings County today launched the Clinical Forensic Medicine Fellowship, a one-year training program designed to build leaders in the field of clinical forensics for emergency medicine. The fellowship will teach clinicians to identify and care for victims of violence and trauma, prevent the destruction of potential evidence, assist in legal proceedings, and recognize and document patterns of violence and abusive behavior.

"Too often, victims of crime are re-traumatized as they receive medical care and seek justice through our criminal legal system," said New York City Mayor Eric Adams. "This new Clinical Forensic Medicine Fellowship will ensure that clinicians identify and care for victims of violence and trauma in a culturally sensitive and compassionate way. As always, NYC Health + Hospitals is paving the way to strengthen the criminal justice system and provide all New Yorkers with the highest level of care."

"The Clinical Forensic Medicine Fellowship at NYC Health + Hospitals/Kings County is a promising initiative that will empower our fellows to become leaders in clinical forensics and enhance our efforts to ensure our patients receive the high-quality care they deserve," said NYC Health + Hospitals/Kings County Chief Executive Officer Sheldon P. McLeod. "The Fellowship includes extensive clinical training that prepares our fellows to be adept at forensic interviews, evidence identification, and courtroom testimony, all attributes that benefit our patients and New Yorkers."

"The time has come to recognize the need for a formal education and training process for providers practicing frontline forensic medicine," said Dr. Rajesh Verma, MD, Chief of the Emergency Department at NYC Health + Hospitals/Kings County. "Emergency Medicine physicians with dedicated training in this discipline will improve the initial care of patients who are victims of trauma and abuse and improve their advocacy in the legal system. We are proud to have Kings County pioneer such a program in New York City."

The fellow will work directly with patients and learn from industry experts in forensic science, law enforcement, protective services, and advocacy groups. This fellowship will expand emergency clinicians’ ability to be trauma-informed, patient-centric, and culturally sensitive when interacting with patients.

The fellowship incorporates evidence collection, crime scene exposure, analyzing witness testimonials, and Sexual Assault Response Team (S.A.R.T.) practices. At the end of the fellowship, the clinicians will be able to better support victims of abuse by recognizing and reporting violent patterns of abuse such as ligatures, strangulation, and bindings. They will be trained to work closely with community groups such as social workers, crisis counselors, patient advocates, and other local agencies to connect patients to relevant services.

NYC Health + Hospitals has specially trained Sexual Assault Response Teams approved by the New York State Department of Health in every hospital emergency room. Sexual assault victims receive care within one hour of their arrival. The SART staff members at NYC Health + Hospitals’ Sexual Assault Forensic Examiner (SAFE) Centers of Excellence have gone through intensive training and are approved by the New York State Department of Health. Their tasks include: properly identifying, collecting and storing forensic evidence; accurately documenting injuries; and attending to the significant emotional needs of rape victims. Forensic Examiners perform a thorough evaluation including a physical examination and medical history to ensure the patient’s health and safety and collect evidence of the crime. Rape Crisis Counselors help the patient recover from the physical and emotional trauma of sexual assault. NYC Health + Hospitals’ assault recovery teams operate around the clock to minimize trauma to the victim and reduce the risk that critical evidence will be lost, damaged, or overlooked.

The following agencies are collaborating on the Clinical Forensic Medicine Fellowship:

• NYC Office of the Chief Medical Examiner (OCME)
• The Mayor’s Office to End Domestic and Gender-Based Violence
• New York Police Department (NYPD) Special Victims Division
• John Jay College of Criminal Justice
• State University of New York (SUNY) Downstate Medical University
• Kings County District Attorney’s Office
• CASA-NYC
• Family Justice Center
• Kings Against Violence Initiative (KAVI)

 

"We have an ethical obligation to fulfill a critical role in safeguarding our patients. When handled by the forensic fellow, the hospital experience for victims of violence will be the beginning of the healing process rather than an extension of the trauma," said Dr. Brigitte Alexander, DO, Director of Clinical Forensic Services at NYC Health + Hospitals/Kings County.

"As the only active training program for emergency medicine physicians in the country, this fellowship will serve as a conduit for developing highly specialized providers," said Dr. Elias Youssef, MD, Medical Director of Quality and Patient Safety for the Emergency Department. "Our goal is that graduates of this fellowship will use this unique skill set to train other providers and ensure that victims of violence and abuse receive the highest quality of care."

"As the first fellow of forensics emergency medicine at NYC Health + Hospitals, I have been allowed to be a catalyst of the change that I had always hoped to see in our community," said Dr. Keesandra Agenor, MD, Clinical Forensic Medicine Fellow at NYC Health + Hospitals/Kings County. "This fellowship will grant us the resources to unite medical professionals, the medical examiner’s office, district attorney’s office, and the New York City Police Department to deliver time-sensitive care and culturally-sensitive care to survivors of trauma and life-changing experiences. This is only the beginning."

Fellows will serve a public health role by developing and educating students and the community on strategies aimed at community violence reduction.

For more information about the Clinical Forensic Medicine Fellowship at NYC Health + Hospitals/Kings County, please call 718-245-4804.

About NYC Health + Hospitals/Kings County

NYC Health + Hospitals/Kings County is a 639-bed acute care teaching hospital located in Central Brooklyn. Among our highly specialized programs are a Level I Trauma Center, Pediatric Emergency Room, Level 3 Perinatal Center, Heart Health Center, Stroke Center, Sickle Cell Program, Behavioral Health Center, and Diabetes Education Center of Excellence.  Many of our programs have received national recognition, including our cardiac, stroke and diabetes services. The hospital offers a broad array of primary and specialty care, including practices in neuroscience, orthopedics, urology and cardiology. Annually, our ambulatory care clinics see well over 500,000 visits, and more than 150,000 visits in the Behavioral Health outpatient program, in addition to close to 23,000 inpatient discharges. NYC Health + Hospitals/Kings County has played a major role in providing health care to vulnerable populations in Brooklyn since 1831, and is part of NYC Health + Hospitals, the largest public health care system in the nation. For more information visit, nychealthandhospitals.org/kingscounty.

About NYC Health + Hospitals

NYC Health + Hospitals is the largest public health care system in the nation serving more than a million New Yorkers annually in more than 70 patient care locations across the city’s five boroughs. A robust network of outpatient, neighborhood-based primary and specialty care centers anchors care coordination with the system’s trauma centers, nursing homes, post-acute care centers, home care agency, and MetroPlus health plan—all supported by 11 essential hospitals. Its diverse workforce of more than 43,000 employees is uniquely focused on empowering New Yorkers, without exception, to live the healthiest life possible. For more information, visit www.nychealthandhospitals.org and stay connected on Facebook at https://www.facebook.com/NYCHealthandHospitals or Twitter at @NYCHealthSystem.

Governor Hochul Announces Launch of First Statewide Mobile Air Monitoring Initiative

 Hyperlocal Air Quality and Greenhouse Gas Monitoring Underway in Communities Overburdened by Pollution

Aclima Mobile Mapping Technology, in Partnership with Google Public Sector, Deploying in First Four of 10 Total Communities - Bronx, Buffalo, Capital Region, and Manhattan

$1 Million Now Available for Capacity Building; Additional $2 Million Announced Today to Support Community-Led Air Monitoring

 Governor Kathy Hochul today announced the launch of the historic statewide air quality and greenhouse gas mobile monitoring initiative that is deploying in the first four of 10 disadvantaged communities, home to approximately five million New Yorkers—25 percent of the State's population—in areas overburdened by environmental pollution. Working in partnership with community-based organizations, the effort to map hyperlocal air pollution and greenhouse gases statewide at the community level is the largest ever undertaken by New York State. The initiative is using proven mobile mapping technology and professional analytics from Aclima, run exclusively on Google Cloud. Monitoring is underway in the Bronx, Buffalo/Niagara Falls, the Capital Region, and Manhattan, and six additional communities will start monitoring this fall. The initiative is bolstered by an estimated $3 million in State grant funding - $1 million is currently available for Community Air Monitoring Capacity Building Grants, and an additional $2 million in new funding will support community-led air monitoring to complement the State's efforts.

"As New York continues to forge a greener path ahead to make our state cleaner and healthier, we are also correcting decades of environmental injustices that have overburdened disadvantaged communities for far too long," Governor Hochul said. "As someone who grew up in the shadow of a steel plant that contributed to orange skies and a polluted Lake Erie, I know firsthand the urgency of our fight against air pollution and climate change. By launching this historic statewide air quality and greenhouse gas monitoring initiative we will develop strategies to address air quality issues in New York's most vulnerable communities, while contributing to the state's nation-leading climate goals."

Aclima's mobile monitoring fleet will collect hyperlocal data to drive solutions that reduce greenhouse gases and other harmful air pollutants to protect public health and will be critical to developing strategies to achieve the goals of New York's nation-leading Climate Leadership and Community Protection Act. The 10 communities selected for monitoring in consultation with the Climate Justice Working Group were identified as having a disproportionate air pollution burden based on criteria developed by the CJWG, and include Buffalo/Niagara Falls, Capital Region, Bronx, Manhattan, Rochester, Syracuse, Mount Vernon/Yonkers, Brooklyn, Queens, and Hempstead. The boundaries for monitoring in each area were determined using community input and current understanding of pollution sources. In addition, the New York State Department of Environmental Conservation is partnering with community-based organizations and local officials in each area to evaluate the data obtained and identify and implement solutions to reduce harmful emissions.

Department of Environmental Conservation Commissioner and Climate Action Council Co-Chair Basil Seggos said, "New York State is rapidly advancing this landmark initiative and increasing funding to support our community partners to launch this important work in neighborhoods long overburdened by environmental pollution. It speaks directly to Governor Hochul's successful leadership in addressing climate change and providing support and resources like today's $3 million for community-led initiatives that drives the improved health and well-being of all New Yorkers. Department of Environmental Conservation is eager to join New York's many climate and environmental justice leaders to develop data-driven solutions that benefit public health and will help meet our ambitious climate goals."

New York State Energy Research and Development Authority President and CEO and Climate Action Council Co-Chair Doreen Harris said, "New York State Energy Research and Development Authority supports Department of Environmental Conservation's efforts to better understand the atmospheric pollution in underserved communities and the damaging impacts that it has had in those communities. Under Governor Hochul's leadership, New York is making air quality improvement a priority as part of the State's comprehensive work to combat climate change and create healthier communities for all New Yorkers."

Following the submission of a Request for Qualifications in October, New York State finalized an agreement to utilize Aclima's mobile sensing technology and software platform to obtain and analyze air quality measurements in disadvantaged communities, through the State's contract with Google Public Sector. Aclima's air monitoring data is being collected by mobile sensors on its fleet vehicles that measure air pollution on a block-by-block level during different times, days, and seasons. In total, the monitoring will provide an initial screening of community-level air quality sources for further evaluation. The results will inform the State's actions, in collaboration with our partners, to reduce emissions and help address health burdens and inequities in communities disproportionately impacted by air pollution.

Governor Kathy Hochul first announced the community air monitoring initiative during Climate Week. To ensure community participation in the process, Governor Hochul's 2022 State of the State Address directed Department of Environmental Conservation to increase funding previously announced for Community Air Monitoring Capacity Building Grants from $500,000 to $1 million. This funding is now available to support capacity building for eligible community-based organizations located in or serving the 10 identified communities. The capacity-building grant can be used for, but is not limited to, developing or strengthening existing programs focused on reducing exposure and improving public health in communities most impacted by air pollution, or supporting community engagement in the state's air monitoring program. This grant opportunity is supported by the State Environmental Protection Fund with dollars designated to environmental justice. Individual award amounts will range from $50,000 to $100,000. The Department of Environmental Conservation is accepting applications until September 14, 2022 at 3 p.m. through the New York State Grants Gateway.

The additional $2 million announced today, for a total of $3 million, will provide grants to improve the ability of community groups working on the ground in these areas to contribute to or bolster their own air quality monitoring efforts. This additional funding will also allow greater contributions in the identification and selection of carbon-free technology investments and other emission reduction strategies in their local neighborhoods. Award amounts for these new grant opportunities will vary, but will fund up to $100,000 for capacity-building projects to strengthen organizations through training, purchasing air monitoring equipment, sensor technology, community engagement and education, or consultant support, and up to $500,000 to support community-led air monitoring. More information about these grant opportunities will be announced soon.

In addition, Aclima announced that BlocPower, a New York-based climate tech startup that is rapidly greening American inner cities, is working with Aclima and its community and government partners to train and staff workforce trainees to operate Aclima's hyperlocal mobile environmental sensor network. Through the partnership, BlocPower will provide recruitment and workforce development support to Aclima, sourcing talent from impacted communities.

The program will identify hyperlocal information about air quality impacts in these overburdened areas and help the State identify mitigation activities, which may also support New York's goal to reduce greenhouse gas emissions 85 percent by 2050. This first-ever statewide mobile monitoring complements Department of Environmental Conservation's existing efforts to measure levels of outdoor air pollution at more than 50 sites across the State using continuous and/or manual instrumentation. Department of Environmental Conservation reports these measurements to EPA's Air Quality System (AQS) API. Department of Environmental Conservation also provides an Air Quality Index (AQI) forecast for some pollutants that can be harmful to human health and current air quality measurement data for New York State. In addition, community-based organizations in New York City have also conducted hyperlocal air quality monitoring to help inform residents and policymakers about specific emissions sources and other environmental or public health concerns.

New York State's Nation-Leading Climate Plan

New York State's nation-leading climate agenda is the most aggressive climate and clean energy initiative in the nation, calling for an orderly and just transition to clean energy that creates jobs and continues fostering a green economy as New York State recovers from the COVID-19 pandemic. Enshrined into law through the Climate Leadership and Community Protection Act, New York is on a path to achieve its mandated goal of a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and to reach economy wide carbon neutrality. It builds on New York's unprecedented investments to ramp-up clean energy including over $35 billion in 120 large-scale renewable and transmission projects across the state, $6.8 billion to reduce buildings emissions, $1.8 billion to scale up solar, more than $1 billion for clean transportation initiatives, and over $1.6 billion in NY Green Bank commitments. Combined, these investments are supporting nearly 158,000 jobs in New York's clean energy sector in 2020, a 2,100 percent growth in the distributed solar sector since 2011 and a commitment to develop 9,000 megawatts of offshore wind by 2035. Under the Climate Act, New York will build on this progress and reduce greenhouse gas emissions by 85 percent from 1990 levels by 2050, while ensuring that at least 35 percent with a goal of 40 percent of the benefits of clean energy investments are directed to disadvantaged communities, and advance progress towards the state's 2025 energy efficiency target of reducing on-site energy consumption by 185 trillion BTUs of end-use energy savings.

About Aclima

Aclima is pioneering an entirely new way to diagnose the health of our air and track climate-changing pollution. Powered by their network of roving and stationary sensors, Aclima measures air pollution and greenhouse gases at unprecedented scales and with block-by-block resolution. Their professional analytics software, Aclima Pro, translates billions of scientific measurements into environmental intelligence for governments, companies, and communities. Their free app, air.health, maps address-level air and climate insights for the communities they serve. Aclima is a purpose-driven technology company catalyzing bold climate action that protects public health, reduces emissions, and delivers clean air for all.

About BlocPower

BlocPower is a Brooklyn-based climate technology company rapidly greening American cities. Since its founding in 2014, the company has completed energy projects in 1,200+ buildings and delivers results ahead of schedule and under budget. BlocPower utilizes its proprietary software for analysis, leasing, project management, and monitoring of urban clean energy projects and its customers are saving 20-40% on their energy bills each year.

Two Men Charged In $5.4 Million Scheme To Defraud New York City Program For Homeless Veterans

 

 Damian Williams, United States Attorney for the Southern District of New York, and Jocelyn E. Strauber, Commissioner of the New York City Department of Investigation (“DOI”), announced today the unsealing of a Complaint charging RUDEAN WEIR and JEROME WEAH, with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft, in connection with a scheme to defraud a program of the New York City Human Resources Administration (“HRA”) which provides cash assistance to homeless veterans of the United States armed services (“Veterans”) seeking permanent housing.  WEAH was presented yesterday in Manhattan federal court before United States Magistrate Judge Valerie Figueredo.  WEIR will be presented today in federal court in Atlanta, Georgia.

U.S. Attorney Damian Williams said:  “As alleged, the defendants abused a New York City program intended to benefit veterans of the United States armed services seeking permanent housing by submitting hundreds of false applications for benefits and causing more than $5 million in fraudulent payments.  Thanks to the efforts of the New York City Department of Investigation, the fraud has been exposed and the defendants will have to answer for their conduct.”

DOI Commissioner Jocelyn E. Strauber said:  “The Enhanced One-Shot Deal program provides critical funding to help New York City’s unhoused veterans obtain permanent housing.  As alleged, defendants Jerome Weah and Rudean Weir stole millions of dollars from the program by fraudulently claiming entitlement to rent, brokers’ fees and other program payments.  I thank the City’s Department of Social Services for referring this investigation to DOI and for their hard work on this matter.  DOI is proud to work with DSS, and our federal partners at the U.S. Attorney's Office for the Southern District of New York and the Office of Inspector General for the U.S. Department of Veterans Affairs, to expose and prevent the theft of precious public funding intended to aid vulnerable New Yorkers.”

As alleged in the Complaint unsealed today in Manhattan federal court[1]:

From at least October 2020 through at least May 2022, RUDEAN WEIR and JEROME WEAH submitted more than 340 fraudulent applications seeking cash assistance pursuant to the Enhanced One Shot Deal (“EOSD”) program administered by the HRA.  The EOSD is an emergency assistance program pursuant to which HRA makes a one-time cash assistance payment to qualifying individuals.  EOSD payments are often used to help individuals move out of homeless shelters and/or other temporary housing into permanent housing.  EOSD payments may be used to cover certain costs associated with the move to permanent housing, including rent, moving expenses, security deposits, broker’s fees, and payments for furniture and other household items.  The HRA also offers and administers services and programs for Veterans, sometimes referred to as “Veteran’s Initiatives.”  In connection with these services, the HRA has a designated group responsible for receiving and reviewing EOSD requests made on behalf of homeless Veterans seeking permanent housing.

Between October 2020 and May 2022, the HRA received at least 340 EOSD applications which claimed that the applicants were homeless Veterans who had entered into a lease agreement with a particular landlord (“Landlord-1”).  Each of these applications (the “Landlord-1 EOSD Applications”) claimed that a particular company provided broker’s services in connection with the lease agreement (“Broker Company-1”).  HRA paid over $5.4 million in EOSD payments and broker’s fees pursuant to the Landlord-1 EOSD Applications.

Based on a review of approximately 60 of the 340 Landlord-1 EOSD Applications, those applications included, among other things, a completed application for “Emergency Assistance” on an HRA designated form; a copy of a purported lease agreement between a Veteran and Landlord-1; forms requesting payment to Landlord-1 and Broker Company-1 for services provided; personal identifying information, such as copies of identification cards and military and/or employment records for the Veteran; and an identification card issued by the New York Department of State reflecting one of two individuals and purporting that each of those individuals was a “Real Estate Salesperson” with Broker Company-1.

The Landlord-1 EOSD Applications were fraudulent.  Specifically, Landlord-1 and the Veterans did not, in fact, enter into the lease agreements submitted to HRA in connection with the Landlord-1 EOSD Applications, and Broker Company-1 did not provide real estate brokerage services to either Landlord-1 and/or the Veterans.  Furthermore, the identification cards reflecting purported individual brokers associated with Broker Company-1 were forged, in that those brokers are not affiliated with Broker Company-1 and did not provide any real estate brokerage services to either Landlord-1 and/or the Veterans.  Therefore, the Landlord-1 EOSD Applications contained fake documentation and information, and fraudulently induced HRA into making EOSD payments.

HRA made EOSD payments of at least $5.4 million in connection with the Landlord-1 EOSD Applications.  Of this $5.4 million, over $3.6 million was deposited into a bank account controlled by WEIR, and over $1 million was deposited into a bank account controlled by WEAH.  In addition, during this period, the bank account controlled by WEIR paid over $1 million to a bank account held in the name of WEAH.

WEIR, 37, of Atlanta, Georgia, and WEAH, 46, of Edison, New Jersey, are charged with conspiracy to commit wire fraud and wire fraud, each of which carries a maximum sentence of 20 years in prison, and one count of aggravated identity theft, which carries an additional mandatory consecutive two-year sentence. 

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Mr. Williams praised the outstanding investigative work of the DOI.  Mr. Williams also thanked the DSS and the U.S. Department of Veterans Affairs, Office of Inspector General, for their assistance.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth in this release constitute only allegations, and every fact described should be treated as an allegation.

Comptroller Audit Finds EDC Underreported the Costs of NYC Ferry System by $224 Million from 2015 to 2021

 

Comptroller Lander calls for increased fiscal transparency, recouping overpayments, and a new RFP to operate the ferry system

New York City Comptroller Brad Lander released an audit showing NYC Economic Development Corporation (EDC) underreported nearly a quarter of a billion dollars in NYC Ferry expenditures during former Mayor Bill de Blasio’s Administration. EDC incurred a total of $758 million dollars in total ferry-related expenditures from July 1, 2015 through December 31, 2021, yet only reported $534 million as ferry-related expenses in its audited financial statements and other records. The total City subsidy-per-ride is nearly double the original estimate of $6.60 and has been consistently underreported. The press conference livestream is available here.

The audit also found that several decisions — including the early termination of the previous East River route operator’s contract and lack of proper oversight over vessel acquisition — resulted in as much as $66 million in unnecessary expenses. The audit’s many findings collectively indicate poor oversight and a failure to hold the operator, Hornblower, accountable to the fiscal terms and conditions of their contract. 

“Walt Whitman waxed poetic about New York City’s ferries, but EDC’s responsibility is to provide adequate oversight and report accurately,” said NYC Comptroller Brad Lander. “For a successful 21st century ferry system, we need more transparent reporting, better cost controls, and a new RFP to operate the system.”   

The Comptroller made 11 recommendations aimed at improving oversight over the ferry system and protecting the fiscal integrity of New York City. EDC accepted some of the recommendations for providing enhanced transparency and agreed to issue a new RFP for the system operator. However, they refused to include a full accounting of the Ferry system in its audited financial statements, or to seek recoupment of approximately $12 million in overpayments to Hornblower. 

Key highlights from the audit’s findings include:  

Undisclosed Expenses 

While the de Blasio Administration’s EDC reported spending $534 million on ferry operations from July 1, 2015 through December 31, 2021 in its financial statements and other records, auditors found they actually incurred at least $758,517,560 in ferry-related expenses. A review of other financial records, including payment lists provided for this audit, found an additional $180,960,344 in capital expenses and $43,470,732 in operating expenses.  

Subsidy Higher than Projected or Reported 

Previous reporting indicated that the NYC Ferry system operates at a deficit and that the City’s subsidy is higher than the $6.60 per ride initially projected. By calculating the subsidy based on a more accurate assessment of the real operating costs, auditors found that the actual City subsidy has been consistently higher than reported. In Fiscal Year 2021, the City subsidy amounted to $12.88 per ride, 50% higher than the $8.59 that EDC reported.  

The largest element of this understatement is EDC’s decision in 2018 to stop including depreciation in calculating the total cost, a practice the City had used from 2002 until 2017. The City removed capital expenses from its calculation in 2018, shortly after then-Mayor de Blasio announced a $300 million capital investment in the ferry system.

Period	Reported	Actual
FY 2018	$10.72	$12.80
FY 2019	$9.34	$11.44
FY 2020	$10.59	$14.57
FY 2021	$8.59	$12.88

Poor Financial Management 

Several of EDC’s decisions resulted in tens of millions in unnecessary expenses, including purchasing vessels at higher-than-market costs as well as early termination and transfer of the East River contract. 

1. The Comptroller’s analysis of vessel costs found EDC paid $34 million in questionable vessel expenses to Hornblower, which was charged with overseeing acquisition and construction of vessels. In 2016, EDC ordered at an average of $4 million per 150 River Class vessel and $7.1 million per 350 passenger vessel. In 2018 and 2019, they ordered at an average of $5.8 million per 150 River Class vessel and $9.1 million per 350 passenger vessel, a price increase that far outstripped the rate of inflation. In one case, EDC ordered and paid Hornblower $8.4 million for a “Rockaway Class” vessel, but received a “River Class” vessel that the agency later valued at $5.6 million. EDC never insisted that Hornblower refund the $2.8 million difference.

• Billybey originally operated the East River route under a five-year agreement with EDC, but EDC terminated the contract nearly three years early, incurring additional costs of $21 million to Billybey for early termination and $3 million to Hornblower for the transition. 

Contract Enforcement and Overpayments to Hornblower 

Auditors found that EDC’s weak enforcement of contract provisions resulted in at least $3 million of unsubstantiated payments to Hornblower. Those included failure to submit documentation of the East River early activation costs, questionable calculation of management incentive fees, unjustified ticketing infrastructure and marketing costs, and other miscellaneous overpayments to Hornblower. EDC also failed to ensure compliance with certain insurance requirements.  

The audit makes 11 recommendations. EDC agreed with two, partially agreed with three, stated that it is already in compliance with two, and disagreed with four. 

• EDC agreed to provide enhanced financial reporting on its website, but did not commit to disclose all ferry-related expenditures in its audited financial statements.
• EDC agreed to include some additional “non-Operator” costs in the subsidy-per-ride calculation (e.g. the City’s cost in maintaining the ferry landings), but refused to include capital asset depreciation, as had been the City’s practice from 2002 through 2017. 
• EDC agreed to issue a new RFP to operate the system.
• EDC refused to seek recoupment of overpayments to Hornblower totaling approximately $12 million.   

The Comptroller’s audit of the NYC Ferry is available here.

27-Year-Old Florida Man Sentenced To Over 26 Years In Prison For Enticing Minors In New York, Kentucky, And New Jersey To Engage In Sexual Activity

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that CHRISTOPHER NUNEZ was sentenced to 320 months in prison by United States District Judge Kenneth M. Karas for his enticement of three minors to engage in sexual activity.  The sentencing today followed NUNEZ’s guilty plea on February 28, 2022.

U.S. Attorney Damian Williams said:  “Christopher Nunez’s conduct is the nightmare of any parent.  Today’s sentencing illustrates that we will continue to use every tool available to law enforcement to prosecute and punish those who sexually exploit children.”

According to documents filed in this case and statements made in related court proceedings:

Between in or about early March 2021 up to and including on or about May 1, 2021, NUNEZ communicated online with a 15-year-old minor (“Victim-1”) and persuaded Victim-1 to meet NUNEZ in person to engage in sexual activities with him.   On or about April 30, 2021 and May 1, 2021, NUNEZ travelled to New York from Miami, Florida to meet with Victim-1 in person in Westchester County, New York to engage in sexual activity with her.

On or about May 2, 2021, CHRISTOPHER NUNEZ was charged in the Town of North Salem with Rape in the Third Degree and Endangering the Welfare of a Child.  On October 5, 2021, NUNEZ pled guilty to Rape in the Third Degree.

The federal investigation revealed that, prior to Nunez’s abuse of Victim-1, he abused a 12-year-old girl (“Victim-2”) in Laurel County, Kentucky. Nunez engaged in sexually explicit communications online with Victim-2 beginning in or about January 1, 2021, when she was in 6th grade and 11 years old. During these communications, he persuaded Victim-2 to engage in sexually explicit activity, capture this activity in images and videos, and then transmit the photos and videos to Nunez. On March 6, 2021, Nunez travelled from his home in Florida to Laurel County, Kentucky, where he met Victim-2 in person and engaged in sexual activity with her.

The federal investigation also revealed that, in May and June of 2021, Nunez engaged in sexually explicit communications online with Victim-3, a 16-year-old in New Jersey. During these communications, Nunez persuaded Victim-3 to engage in sexually explicit activity, capture the activity in images and videos, and transmit the images and videos to Nunez.

On February 28, 2022, Nunez entered a guilty plea to a four-count federal Information, charging him with three counts of enticement, in violation of Title 18, United States Code, Section 2422(b) and one count of sexual exploitation, in violation of Title 18, United States Code, Section 2251(a). 

In addition to the prison term, NUNEZ, 27, was sentenced to a lifetime term of supervised release.

Mr. Williams praised the efforts of the Federal Bureau of Investigation, the New York State Police, the Westchester County District Attorney’s Office, and the Westchester County Safe Streets Task Force, which is comprised of special agents and task force officers from the FBI, U.S. Probation, New York State Police, New York State Department of Corrections and Community Supervision, Putnam County Sheriff's Office, Westchester County DAs Office, Rockland County DAs Office, NYPD, Westchester County PD, and the Yonkers, New Rochelle, Mount Vernon, Greenburgh, White Plains, Peekskill, Ramapo, and Clarkstown Police Departments, in connection with this investigation.    

Cushman & Wakefield in Contempt of Court for Failure to Comply With Judge’s Order in Attorney General James’ Investigation into Donald Trump and the Trump Organization

 

Judge Rules that Cushman & Wakefield Must Pay $10,000 A Day Until It Provides Documents to AG's Office Related to Its Work for the Trump Organization

  New York Attorney General Letitia James won a court victory in her office’s ongoing civil investigation into Donald Trump and the Trump Organization’s financial dealings with a judge ruling that Cushman & Wakefield is in contempt of court for failing to comply with subpoenas from the Office of the Attorney General (OAG). The Honorable Arthur Engoron of the New York County State Supreme Court ruled that Cushman & Wakefield is in contempt of court for failing to comply with his previous orders to provide documents to OAG and imposed a $10,000 fine on Cushman & Wakefield for every day that it continues to violate the court’s order to produce these documents.

“Cushman & Wakefield’s work for Donald Trump and the Trump Organization is clearly relevant to our investigation, and we’re pleased that the court has recognized that and taken action to force Cushman to comply with our subpoenas,” said Attorney General James. “No person or company, no matter how powerful, is above the law.”

On April 8, 2022, OAG filed a motion to compel Cushman & Wakefield to comply with subpoenas related to real estate services Cushman provided for the Trump Organization for many years. Those services included appraisals and brokerage services for Trump Organization properties relevant to OAG’s investigation into the Trump Organization and Donald Trump’s financial dealings. Cushman has refused to comply with subpoenas for information related to its appraisals of three Trump-owned properties — the Seven Springs Estate, Trump National Golf Club, Los Angeles, and 40 Wall Street — and information about Cushman’s larger business relationship with the Trump Organization.

On April 25, 2022, Justice Engoron ruled in favor of OAG and ordered Cushman to comply with those subpoenas. Cushman has since failed to fully comply with the judge’s order to turn over documents, and only raised concerns about its ability to comply after the latest deadline. 

Governor Hochul and Governor Murphy Sign Gateway Program's Phase One MOU for the Portal North Bridge & Hudson Tunnel Projects

 

 Governor Kathy Hochul and Governor Phil Murphy today signed the Phase One Memorandum of Understanding required by the Gateway Development Commission Act along with Port Authority of New York and New Jersey Executive Director Rick Cotton. The MOU outlines sources, uses, and timing of funding on behalf of New Jersey and New York for Phase One Gateway Projects: Portal North Bridge and the Hudson Tunnel Project. Signing this MOU advances the Gateway Program to its next phase, which will detail the parties' responsibilities with respect to delivery of the Hudson Tunnel Project and move forward in the federal project review. 

Phase One of the Gateway Program is funded by a combination of federal and local sources. On behalf of the states, PANYNJ's total commitment for Phase One is $2.7 billion. For Portal North Bridge, federal funding sources total approximately 60% of the total cost, leaving the States' PNB Commitment of $772.4 million to be split by New Jersey and New York at $386.2 million per state. For the rest of the Hudson Tunnel Project, the States will similarly split the local share 50-50. The States intend to work with their partners and federal entities to aggressively pursue greater federal sources of funding for the Gateway Program through the Infrastructure Investment and Jobs Act. 

"The Gateway Hudson Tunnel Project is vital to the Northeast corridor, and today's announcement is a critical step forward in turning this vision into reality," Governor Hochul said. "By signing the Phase One Memorandum of Understanding, we are establishing the framework to get this project over the finish line and are making good on our promise to modernize the state's transportation infrastructure and create a mass transit system worthy of New Yorkers. I thank my partner Governor Murphy, as well as our state and federal representatives, especially Senate Majority Leader Chuck Schumer and the Biden Administration, for their tireless efforts on this transformative project." 

"Today marks a pivotal milestone toward the completion of the most significant transportation project not just in New Jersey, but in the entire United States," said Governor Murphy. "The Gateway Project reflects the importance of New Jersey's regional partnerships and its alignment with the Biden administration's infrastructure and transportation priorities. As we proceed with construction of a new tunnel under the Hudson River, we advance one step closer toward a New Jersey that is better connected and better positioned to reap the full economic benefits of our status as a regional crossroads. I thank Governor Hochul, as well as our Gateway Program partners, our respective federal and state delegations, and the U.S. Department of Transportation for their support in achieving this next great step." 

Port Authority Chairman Kevin O'Toole said, "We appreciate the efforts of Governors Murphy and Hochul in moving this critical transportation project closer to the finish line. It is a project of enormous consequence for the many millions of riders who will benefit from it and it will be a significant driver of economic growth for the entire New Jersey-New York region." 

Port Authority Executive Director Rick Cotton said, "The signing of this MOU marks an important step forward in making the nation's most vital and impactful rail project a reality. We are delighted to see real progress being made toward a better, more reliable travel experience for rail customers throughout our region."