Retired NYPD Officer Sentenced to 10 Years in Prison For Actions Related to Capitol Breach

 

Defendant Assaulted Law Enforcement Officer With Flagpole, Tackled Him, and Tried to Remove Officer’s Helmet and Gas Mask

  A retired New York Police Department officer was sentenced today to 10 years in prison for assaulting a law enforcement officer with a deadly or dangerous weapon and related charges for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

Thomas Webster, 56, of the village of Florida, New York, was sentenced in the District of Columbia.

“As a former Marine and retired police officer, Thomas Webster could readily see the growing dangers to law enforcement when he and other members of the mob targeted the Capitol on Januarty 6th," said U.S. Attorney Matthew M. Graves. “He chose to escalate the situation, brutally going on the attack. Today’s sentence holds him accountable for his repeated attacks of an officer that day.”

“As a former police officer and U.S. Marine who took an oath to defend the Constitution against all enemies foreign and domestic, Thomas Webster knew the severity of his actions on January 6,” said Steven M. D’Antuono, Assistant Director in Charge of the FBI Washington Field Office. “When he assaulted an officer at the U.S. Capitol that day, Mr. Webster betrayed not only his oath but also his fellow law enforcement officers, who risk their lives every day to protect the American people. Today’s sentencing – the longest given to any Capitol riots subject to date — matches the gravity of Mr. Webster’s offenses. The FBI continues to work with our partners to bring the perpetrators of egregious assaults on law enforcement and our democracy to justice.”

According to the government’s evidence, on Jan. 6, Webster first attended a rally and then moved to the Capitol, where he illegally entered the Capitol grounds. He wore a bulletproof vest and carried a large metal flagpole bearing the red and yellow flag of the U.S. Marine Corps. At approximately 2:28 p.m., Webster was among the mob on the other side of metal barricades set up by law enforcement officers attempting to secure the Lower West Plaza area of the Capitol. Webster approached an officer from the Metropolitan Police Department who was behind the metal gates. Webster pointed his finger at the officer and began swearing at him, telling him, among other things to “take your sh--- off,” an apparent invitation to the officer to take off his badge and fight.

Webster then aggressively shoved the metal gate into the officer’s body. He raised the flagpole and forcefully swung it toward the officer. The officer managed to wrest the flagpole away. Webster, however, then broke through the metal barricade, tackled the officer to the ground, and tried to remove his helmet and gas mask, choking him. During this attack, the officer struggled to breathe. While Webster had the officer restrained on the ground and unable to breathe, others in the mob began kicking the officer. The officer sustained several injuries as a result of Webster’s attack.

Webster was arrested on Feb. 21, 2021. He was found guilty by a jury on May 2, 2022, of five felonies: assaulting, resisting, or impeding officers with a dangerous weapon; obstructing officers during a civil disorder; entering and remaining in a restricted building or grounds, while carrying a dangerous weapon; engaging in disorderly or disruptive conduct in a restricted building or grounds, while carrying a dangerous weapon, and engaging in physical violence in a restricted building or grounds, while carrying a dangerous weapon. He also was found guilty of one misdemeanor, engaging in an act of physical violence in the Capitol building or grounds.

Following his prison term, Webster will be placed on three years of supervised release. He also must pay $2,060 in restitution.

The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Southern District of New York.

The case was investigated by the FBI’s Washington Field Office, which identified Webster as AFO #145 on its seeking information photos, and the FBI’s New York Field Office, Hudson Valley Resident Agency. Valuable assistance was provided by the U.S. Capitol Police, the Metropolitan Police Department, and the U.S. Secret Service.

In the 19 months since Jan. 6, 2021, more than 860 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 260 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

CITY TO BEGIN OFFERING SECOND DOSES OF MONKEYPOX VACCINE TO NEW YORKERS AND BEGIN ACCEPTING WALK-IN APPOINTMENTS

 

Second doses will be available — by appointment only — at least 10 weeks after receiving their first doses

City will also open eligibility to sex workers, and those forced to engage in survival sex, and begin accepting walk-ins for first doses at City-run sites on Friday, September 2nd, though appointments are still recommended by going to at vax4nyc.nyc.gov/monkeypox and by calling 877-VAX-4NYC (877-829-4692)

8,000 new first dose appointments open to public at 4 p.m. on Friday, September 2

 New York City has announced that it will begin making second doses of the monkeypox vaccine available by appointment only. People who received their first dose at least 10 weeks earlier will be notified by email or text that they are eligible for their second doses so that they can make appointments online or by phone. Second doses will only be available at least 10 weeks after the first dose and not earlier. The City will also begin welcoming walk-ins for first doses at City-run sites, though making an appointment in advance is still recommended, and there will be 8,000 public appointments available for reservation on Friday, September 2 at 4 p.m. The city’s Vaxfinder will indicate which sites offer walk-ins. In addition, to reach more New Yorkers who may be at-risk, the city will expand eligibility to people engaged in sex work.

“While our strategies have been constrained by scarcity, our goals have always been expansive, and that is to get vaccine to New Yorkers who need it, including second doses,” said Health Commissioner Dr. Ashwin Vasan. “Now that we’ve gotten first doses to more than 70,000 New Yorkers, people can get their eagerly awaited second shots by appointment — and we’re making vaccination even more convenient by welcoming walk-ins for first doses.”

On July 15, the city announced a first dose strategy to offer protection to as many New Yorkers as possible and to help stop the spread given the extremely constrained vaccine supply. A 28-day interval between doses is indicated in the FDA prescribing label. There is no concern about the immune response to the vaccine by waiting 10 weeks. Second doses will be provided at 10 weeks to ensure adequate supply and capacity for administration of vaccines to all eligible New Yorkers who need their first and second doses.

The City will continue to work with community-based organizations serving New Yorkers at higher risk to offer direct referrals for their clients.

Eligibility has so far been limited to people who meet all of the following conditions:

1 -      People who are 18 and older who have had multiple or anonymous sex partners in the last 14 days and identify as at least one of the following:

2 -   A man (cisgender or transgender) who has sex with cis or transgender men or transgender women

3 -    Transgender, gender non-conforming, or gender non-binary (regardless of the gender of your sex partners)

Starting immediately, New York City will now open eligibility to sex workers and anyone engaging in survival sex or any other type of transactional sex (e.g., sex in exchange for shelter, food, money, and other goods) of any sexual orientation or gender identity.

It is crucial to seek care as soon as a rash or sore is identified. New Yorkers should call their health care provider immediately. For those who do not have one, they can call 311 to get connected to an NYC Health + Hospitals location or to access H+H Virtual Express Care. New Yorkers can also visit the NYC Health Map to find a nearby provider. Care is available in New York City regardless of immigration status, insurance coverage, or ability to pay.

For more on MPV, visit our Monkeypox page.

THE NEW YORK STATE DEPARTMENT OF LABOR MAKES HISTORIC RECOVERY OF OVER $270,000 IN UNPAID WAGES FOR DOMESTIC WORKER

Department Investigators Uncovered Three Years of Unpaid Wages

The New York State Department of Labor (NYSDOL) today announced that $271,527 in wages has been returned to a domestic worker after an investigation by NYSDOL’s Division of Labor Standards determined the individual was chronically underpaid over the course of three years. This was one of the largest recoveries in the history of NYSDOL for a single worker.

“Withholding rightfully-earned wages from workers is unacceptable, and won’t be tolerated in New York State,” said New York State Department of Labor Commissioner Roberta Reardon. “I applaud this victim for coming forward and hope her story inspires others to act. It is our mission to safeguard the rights of all workers in New York State. If you feel you are entitled to unpaid wages, please reach out to us so we can help.”

The victim was hired by Habib Tawil and Charles Tawil to serve as a domestic worker and companion for their mother at 372 Avenue U, Brooklyn. Her duties included bathing, changing, and feeding the mother, as well as performing cleaning duties, laundry, and many other household tasks. On average, the victim worked 115 hours per week from 2015 to 2018, and was paid $260 each week. The victim was released from her position when the mother passed away.

The victim detailed her experience, saying “In the end, when the years passed, they no longer brought food, I had to look after her alone and I was often going hungry. I was there all day and all night with her. There was no one going to visit, no nurses, no one came by. And I would let Mr. Habib know, but they wouldn’t come, they wouldn’t visit her.” She went on to explain that she often went months without pay.

Once reported by the victim, the Division of Labor Standards notified the employers several times from 2018 to 2021. There was a dispute among family members about who was responsible for the wages. The executor of the estate said he needed a letter from NYSDOL in order to release the funds, which the agency provided, but still no payment was released to the victim. After several outreach attempts, the Division notified all parties that NYSDOL would issue an Order to Comply. The Estate ultimately released the funds on June 16, 2022, and they have since been distributed to the victim.

NYSDOL also connected the victim with its Division of Immigrant Policies and Affairs (DIPA), who worked with the Consulate in the victim’s home country to fulfill the victim’s request of returning home to her family.

DIPA supports immigrants and helps them integrate into the workforce, while ensuring the services, programs and protections of the Department of Labor are available to all workers – including the large and growing group of people who work in or move to New York from another country. If you are in need of assistance with Immigrant Policies and Affairs or would like to request additional information, call the DIPA hotline at: 877-466-9757 or visit its homepage.

DIPA also coordinates NYSDOL’s anti-human trafficking and victim support efforts. Labor trafficking affects millions around the world, including in the U.S. Both the federal government and the New York State government have passed laws that criminalize human trafficking and provide services for victims. Forced labor includes the following:

• Being told you must work to pay off debt,
• Being promised benefits – such as a green card – that you do not receive,
• Having your ID, passport, or employment contract kept from you by your employer,
• Being threatened physically or with police or immigration action if you do not work,
• Experiencing harm at the hands of an employer.

To report labor trafficking, request certifications for U or T visas, or schedule a Human Trafficking awareness presentation, please call the Division of Immigrant Policies and Affairs at 877-466-9757 or email trafficking@labor.ny.gov. 

NYSDOL is committed to helping workers collect wages owed to them, including unpaid wages, withheld wages, illegal deductions, tip appropriation, and more. The Division of Labor Standards also investigates and collects unpaid benefits, such as wage supplements, which includes vacation/holiday pay, paid sick leave, expense reimbursement, and more. For more information, including how to file a claim, visit https://dol.ny.gov/unpaidwithheld-wages-and-wage-supplements.

U.S. Attorney Settles Fraud Lawsuit Against Non-Profit For Inflating Medicaid Reimbursements By Falsely Reporting Millions In Costs

 

Maranatha Human Services Agrees to Cease Operations and Will Pay $850,000

 Damian Williams, the United States Attorney for the Southern District of New York, and Scott Lampert, the Special Agent in Charge of the New York Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), announced that the United States has settled civil fraud claims against Maranatha Human Services, Inc. (“MARANATHA”) for falsely claiming that millions of dollars expended to benefit for-profit ventures owned and controlled by MARANATHA and its founder HENRY ALFONSO COLEY (“COLEY”), as well as payments to cover COLEY’s personal expenses and excessive payments to COLEY’s family members, were reasonable and necessary costs in connection with MARANATHA’s provision of Medicaid-funded services to individuals with developmental disabilities.  MARANATHA is a non-profit organization based in Poughkeepsie, New York; COLEY founded MARANATHA in 1988 and served as its chief executive officer until last year. 

Specifically, the Government’s complaint, which was filed in November 2021, alleges that MARANATHA, with its board’s approval, funded for-profit companies operated by COLEY; paid excessive salaries and consulting fees to COLEY’s family members, often in exchange for little to no work; and paid for tens of thousands of dollars of COLEY’s personal expenses.  The Government further alleges that, from 2010 to 2019, COLEY and MARANATHA submitted to the State of New York cost reports that falsely claimed millions of dollars of these expenses as “allowable” costs, which fraudulently inflated MARANATHA’s Medicaid reimbursement rates and resulted in MARANATHA receiving millions of dollars in Medicaid funds to which it was not entitled.

U.S. Attorney Damian Williams said:  “For a decade, Henry Alfonso Coley and Maranatha defrauded Medicaid by submitting reports that fraudulently claimed as allowable expenses millions of dollars spent on for-profit companies owned by them, excessive salaries and fees for Coley’s family members, and Coley’s personal expenses.  These expenses were not related to providing care or assistance to the individuals with developmental disabilities who Maranatha was meant to serve.  Now Coley and Maranatha have each agreed to pay damages, Coley has been barred from working for any entity that bills federal healthcare programs, and Maranatha will close its doors.”

HHS-OIG Special Agent in Charge Scott Lampert said:  “It is incumbent upon the recipient of Medicaid funds to ensure that costs reported for reimbursement are accurate and in accordance with the program’s regulations; this is a steadfast requirement of participating in the Medicaid program.  The use of federal dollars for unallowable expenses diverts much-needed resources meant to support health care services for vulnerable individuals.  Putting a stop to such activity, through collaboration with our law enforcement partners, is a prime objective of HHS-OIG.”

Under the settlement approved yesterday by U.S. District Judge Kenneth M. Karas, MARANATHA agrees to cease operations after transitioning the operation of its programs to other providers under the supervision of the governing state regulatory agency.  MARANATHA will also pay $340,000 to the United States and has admitted and accepted responsibility for conduct alleged by the Government in its complaint as further described below.  In addition, MARANATHA has agreed to pay $510,000 to the State of New York to resolve the State’s claims, for a total recovery of $850,000.  The settlement amount is based on the Office’s assessment of MARANATHA’s ability to pay based on the financial information it provided and its commitment to cease operations.  The United States previously resolved the claims against COLEY through a settlement approved by Judge Karas on November 17, 2021.  In addition to paying damages to the United States and the State of New York, COLEY was barred from working for any entity that bills federal healthcare programs; he also entered into a Voluntary Exclusion Agreement with HHS-OIG, which prohibits him from, among other things, billing Medicaid and other federal healthcare programs for 15 years.

According to the Government’s complaint, from 2010 through 2019:

MARANATHA was required to submit cost reports, called Consolidated Financial Reports (“CFRs”), to the State of New York each year, specifying the reasonable and necessary costs MARANATHA incurred in providing services for its Medicaid-funded programs.  These costs were to be reported as “allowable” costs.  MARANATHA was required separately to report its other, “non-allowable” costs; “non-allowable” costs include costs unrelated to its Medicaid-funded programs, as well as any unreasonable or unnecessary costs. 

With its board’s approval, MARANATHA funded for-profit companies operated by COLEY and owned by COLEY or MARANATHA, as well as various unincorporated pet projects started by COLEY.  One of the chief purposes of these ventures was to serve as vehicles to funnel money to COLEY’s daughter, as well as others associated with COLEY, whom MARANATHA paid for work they purportedly did to support these ventures and projects.  Over the course of a decade, not one of these ventures ever launched a product or service or earned a single dollar in revenue.  COLEY and MARANATHA hired COLEY’s family members as employees and consultants, some in connection with these for-profit ventures, and others in connection with MARANATHA’s Medicaid-funded services.  COLEY and MARANATHA paid excessive salaries and consulting fees to COLEY’s family members, often in return for little to no work.  MARANATHA also paid for tens of thousands of dollars of COLEY’s personal expenses, including more than $34,000 for personal training sessions at a gym.

COLEY and MARANATHA knowingly submitted CFRs annually to the State of New York fraudulently reporting these expenses—totaling millions of dollars—as “allowable” costs.  On each CFR, COLEY falsely certified to the completeness and accuracy of the report.  COLEY and MARANATHA knew that the State of New York relied on providers’ CFRs when setting provider-specific reimbursement rates for certain Medicaid-funded programs, including MARANATHA’s largest Medicaid-funded program.  As a result of COLEY’s and MARANATHA’s falsely inflated cost reports, the State of New York awarded MARANATHA a higher reimbursement rate and MARANATHA received millions of dollars in Medicaid funds to which it was not entitled.

As part of the settlement, MARANATHA admits, acknowledges, and accepts responsibility for the following conduct:

• COLEY made a presentation to MARANATHA’s board of directors acknowledging that “[i]t was always the plan for Maranatha to use government funds as a launching pad to create private enterprise that would enable it to not be dependent on [the] government while at the same time fulfilling its function” consistent with its mission.
• MARANATHA knew of the requirement to distinguish “allowable costs” from “non-allowable costs” in its CFRs.
• MARANATHA knew that the allowable costs reported in its CFRs are used by the New York State Department of Health, in part, to determine MARANTHA’s reimbursement rates for the provision of Medicaid services.
• In each CFR that MARANATHA submitted from 2010 to 2019 (the “Covered Period”), MARANATHA’s CEO, COLEY, certified that (i) the “information furnished in this report . . . is in accordance with the instructions and is true and correct to the best of my knowledge”; and (ii) the statement attached to the CFR “fully and accurately represents all reportable income and expenditures made for services performed in accordance with the provision of the Mental Hygiene Law and approved budgets.”
• Throughout the Covered Period, MARANATHA submitted CFRs every year that reported as “allowable costs” amounts expended not for MARANTHA’s provision of Medicaid-funded services but instead to pursue certain for-profit business ventures.
• In particular, MARANATHA submitted CFRs reporting as “allowable costs” costs expended to benefit certain entities owned and/or operated by COLEY or MARANATHA that did not provide Medicaid-funded services (the “Non-Medicaid Ventures”).  
• MARANATHA’s board, which approved MARANATHA funding these Non-Medicaid Ventures, was briefed on them by COLEY.
• MARANATHA paid COLEY’s family members to perform work related to the Non-Medicaid Ventures.  For example, since 2010, MARANATHA paid COLEY’s daughter more than $300,000.  Though much of her time was spent on work related to the Non-Medicaid Ventures, MARANATHA reported her full compensation as an “allowable cost” in the CFRs.
• Since 2010, MARANATHA paid COLEY more than $2 million in salary and benefits, and MARANTHA claimed the full amount of that compensation as “allowable costs” on its CFRs. However, COLEY devoted much of his time to working on the Non-Medicaid Ventures.
• MARANATHA also paid for certain of COLEY’s personal expenses, including more than $34,000 spent on personal training sessions, as well as holiday gifts and jewelry.  MARANATHA reported these expenses as “allowable costs” in its CFRs.

This lawsuit originated as a whistleblower lawsuit filed under seal pursuant to the False Claims Act.

Mr. Williams praised the outstanding investigative work of HHS-OIG, and he thanked the Medicaid Fraud Control Unit at the New York State Attorney General’s Office for its extensive collaboration in the investigation.

Governor Hochul Provides Update on State's Response to Napanoch Point Wildfire at Minnewaska State Park Preserve

 

Fire is Currently Approximately 160 Acres

State Forest Rangers Continue Leading Multi-Agency Incident Command of State and Local Partners, National Guard; 20 Quebec Firefighters Arriving Today

 Governor Kathy Hochul today provided an update on the coordinated effort to contain the Napanoch Point wildland fire burning in Minnewaska State Park Preserve. With the State Department of Environmental Conservation Forest Rangers leading the incident response in cooperation with the Office of Parks, Recreation and Historic Preservation, Division of Homeland Security and Emergency Services, New York State Police, Ulster County, and many other State and local partners, the Governor recently deployed additional State assets including personnel and Army National Guard UH-60 Black Hawk helicopters. Twenty firefighters from Quebec arrived in New York today to support the response. Currently more than 200 firefighters, bulldozer operators, pilots, and other professional staff and volunteers are working to contain the fire that is currently estimated at 160 acres in size.

"We continue to track the fire burning at Minnewaska State Park Preserve and are deploying the necessary resources to contain the fire and keep New Yorkers safe," Governor Hochul said. "New York State is not known for the expansive and destructive wildfires seen out West, but they do occur and continue to be a danger, especially with the increase of drought-fueled climate change impacts that require us to be prepared for all types of extreme weather. I urge all New Yorkers to remain vigilant and thank our first responders and service members who are working around the clock to protect our communities."

The Napanoch Point fire in Minnewaska State Park Preserve started over the weekend as a result of a suspected lightning strike and spread to approximately 160 acres within the park. The rain received overnight Tuesday helped to slow fire spread yesterday and allowed firefighters to construct control lines. The fire may grow due to dry and windy conditions expected over the next several days. New York State continues to monitor the weather conditions. Two other nearby fires being addressed this week as part of the Shawangunk fire complex, Stony Kill and Wurtsboro, are now fully contained.

No homes or businesses are impacted by the fire at this time. Out of an abundance of caution to protect homes closest to the fire, DEC Forest Rangers and staff volunteers will be working in the town of Warwarsing near Berme Road to establish a contingency fire line.

Minnewaska State Park Preserve will be closed to all visitors through Labor Day weekend. The closure will be strictly enforced to protect the health and safety of visitors and allow park staff to focus on fighting the fire. Updates on the Park's status are available here. To find another destination to visit this weekend, check out the New York State Parks website.

Since the fires began, a coordinated effort of State and local resources has been on the ground attempting to suppress the fires. Firefighters are working in a joint unified command led by State Forest Rangers. Forest Rangers have significant experience in incident command and fire prevention strategies due to extensive training and cooperative wildland firefighting missions to other states. Additional multi-agency resources include New York State Police Aviation, which has committed two helicopters and four pilots each day, dropping more than 500 buckets of water since Sunday. Each of the two Army National Guard Black Hawk helicopters has dumped 12 buckets of water every hour, a total of 24,600 gallon buckets, since being deployed Tuesday and remain on standby to assist. The New York State Division of Homeland Security and Emergency Services has also dispatched the State's Incident Management Team and several emergency communications experts to provide further support. The State Office of Fire Prevention and Control activated the State's Fire Mobilization and Mutual Aid Plan and Fire Operations Center to ensure the timely coordination of additional resources.

Twenty firefighters from Quebec, Canada, secured through the Northeastern Forest Fire Protection Compact, arrived today. The Compact, established in the 1940s, provides the means for its member states and provinces to cope with fires that might be beyond the capabilities of a single member through information, technology and resource sharing (mutual aid) activities.

New York's Hudson Valley and Catskill regions remain at high fire danger risk (view the current Fire Danger Map), meaning outdoor fires have the potential to spread quickly, especially if the wind picks up. Fires may become serious and difficult to control unless successfully contained while small.

All campfires and open burning are currently banned in Mid-Hudson Region State Parks. Check parks.ny.gov for more information.

DEC continues to encourage New Yorkers and visitors to follow fire safety tips to reduce the risk of wildfires. For information on open burning and campfire safety in New York, go to DEC's Open Burning in New York and Fire Safety When Camping webpages. To report a wildfire, call 1-833-NYS-RANGERS and call 911 to report a wildfire.

NYPD STATEMENT ON GUN ARREST IN 32ND PRECINCT - September 1, 2022

 

On Tuesday afternoon, NYPD officers from the 32nd Precinct were attempting to take an individual into custody when a struggle ensued and a crowd formed around the officers. The individual was carrying in his waistband an illegal, loaded semiautomatic Polymer 80 handgun, known as a “ghost gun.” The NYPD officers removed yet another illegal firearm – and the person brazen enough to carry it in public – from the streets of our city.

During this encounter, a female acquaintance of this individual began to interfere with the arrest, including striking a detective. The detective fended off that interference and struck the woman with an open hand. The woman was placed under arrest for Obstructing Governmental Administration, remained conscious, and was transported to an area hospital at her request. Two additional females were similarly charged with interfering with the actions of police officers during this incident. This incident, including the conduct of the detective who used force, is under ongoing review by our Internal Affairs Bureau’s Force Group. All police body-worn camera footage, as well as other video surveillance from the area and witness statements, are being gathered and reviewed. While the NYPD is committed to the safety of all New Yorkers, we are also committed to transparency. Therefore, I have expedited the release of the officers’ body-worn camera footage, and am awaiting the results of IAB’s investigation.

Keechant L. Sewell

Police Commissioner

Link to body-worn camera footage: https://youtu.be/8y1bTlUcZRs

CONSUMER ALERT: NEW YORK STATE DIVISION OF CONSUMER PROTECTION URGES NEW YORK FAMILIES TO FOLLOW GUIDANCE TO HELP MINIMIZE THE RISK OF CHILD IDENTITY THEFT

 

Secretary of State, Robert J. Rodriguez says, “Child Identity Theft is a disturbing trend as children are 35 times more likely to become victims of identity theft than adults” 

National Child Identity Theft Awareness Day was Recently Established to Generate Awareness of a Growing Trend Affecting Families and Children

 In recognition of National Child Identity Theft Awareness Day on September 1st, the Division of Consumer Protection (DCP) urges parents to take preventative actions to safeguard their children’s identities. Child Identity Theft is a growing problem. According to recent data from the Federal Trade Commission (FTC), identity theft for those under 19 years old grew 60% in three years. 

“Child Identity Theft is a disturbing trend as children are 35 times more likely to become victims of identity theft than adults,” said Secretary of State Robert J Rodriguez, who oversees the Division of Consumer Protection. “The widespread adoption of technology products has introduced new challenges to parenthood. Parents must now also learn the behaviors that put children more at risk, how to protect them, and what to do when children become targeted.” 

Today’s children have been raised in a digital world and unlike past generations, their exposure to these technologies starts very young and makes them vulnerable to the dangers that lurk in technology’s shadows. The scale of the issue keeps growing under the increasing influence of digital technology, excessive screen time, social media, remote learning, and digital purchases in our lives. Products used by children are not nearly as privacy protected as they should be and contribute to the growing problem of Child Identity Theft. According to the FTC, Child Identity Theft occurs when someone uses a child's personal information to wrongfully get services or benefits, or to commit fraud. 

The Impact of Child ID Theft:

Child ID fraud is expensive and detrimental.  According to a study by Javelin Strategy and Research, fixing child identity theft takes longer to resolve than fraud against adults and costs the average U.S. family $372 out-of-pocket on top of any fraudulent charges. In one year, fraud losses linked to child identity theft totaled $918 million.  The crime of child identity theft may go on longer than other types of identity theft, because young children are less likely to use credit or take steps to help protect their identities. Someone whose identity is stolen as a child can feel the effects for years resulting in financial losses and missed opportunities. As a young adult, they may encounter problems securing a student loan, a first credit card, apartment, or utilities. The best approach is to prevent it and look for warning signs to protect your child’s credentials.

Warning Signs to Look For:

• Pre-approved credit offers in your child’s name: this is a sign that someone else has used your child’s social security number to fraudulently obtain credit
• Any communication addressed to your child from the IRS
• Collection calls or past-due notices in your child’s name
• Marketing offers for products and services that arrive in your child’s name 

Tips For Parents/Guardians to Safeguard Children’s Identities:

Consider freezing your child’s credit. Security freezes are free but must be placed separately with each of the three nationwide credit bureaus (Equifax, Experian, and TransUnion). The process varies between credit bureaus, but it’s not difficult and takes far less time and effort to freeze your child’s credit than to remediate a fraud case after the fact.

Make ID theft prevention a habit. Securely store all your child’s foundational identity documents (birth certificate, Social Security card, insurance cards) away from people in your circle. Any paper or electronic record that includes your child’s Social Security number should be stored securely, whether that means in password-protected, encrypted cloud storage or a locked file cabinet or safe.

Set reasonable boundaries around technology and monitor online activities. For many children, the line between the physical and virtual worlds is already blurry. Children with unrestricted and unmonitored internet access are at greater risk of experiencing the exposure of their personal information. Children’s information is collected in many places, including social media platforms, smart devices, video games and mobile applications are also gathering their information. Given the rise of data breaches, children’s identities are increasingly at risk of being exposed on the dark web and online forums where identities are illegally bought and sold.

• Make sure that kids are registered as under 13 on the sites and applications they use. This limits the data that can be collected on them and the content they see.
• Take hardware and software seriously. Buy products only from reputable companies, installing software updates immediately when available and restricting data collection to the strictest settings a service allows. 
• Secure Your Child’s Cell Phone: If you've trusted your child with a smartphone, make sure their device is as secure as possible by adjusting settings for location, screen time, passcodes, and more.
• Online Games: ensure kids play in disguise with a cool safe game name and don’t share personal information on gaming account profiles
• Internet Connected Toys: Parents must be present when toys are being set-up. Some toys come equipped with microphones, voice recognition, GPS enabled wearables and artificial intelligence that allow software interaction between the child and the toy. Many can put a child’s privacy at risk. For tips on privacy precautions with technology toys, please see information from this December 2020 Consumer Alert.
• Social Media: Make sure your social media account is set to ‘private’. Most social media is public by default.

Empower children to practice online safety:

• Involve kids in routine privacy practices, such as creating safe passwords in a password manager or keeping up with online safety news. 
• Remind kids that they can come to you when a questionable situation arises when they are online.
• Talk to kids about keep everything updated: make sure that all devices, software, and firmware are up to date.

What to do if your child is a victim of ID theft:

• If you notice fraudulent activities on your child’s credit report, don’t waste time. Immediately file an identity theft report with the FTC at identitytheft.gov and your local police department. The police are required to provide identity theft victims with one free copy of the incident report.
• Contact each credit reporting agency to report the theft and place a freeze on your child’s credit record to prevent further damage.
• Contact every business where your child’s information was misused, ask to close the fraudulent account and flag it to show it is a result of identity theft.
• Contact the NYS Division of Consumer Protection’s Identity Theft Prevention and Mitigation Program, which serves to help victims by walking through the steps necessary to recover from the damages of identity theft.

The New York State Division of Consumer Protection provides resources and education materials to consumers on product safety, as well as voluntary mediation services between consumers and businesses. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumer-protection.

For more consumer protection tips, follow the Division on social media at Twitter: @NYSConsumer and Facebook: www.facebook.com/nysconsumer.

Perpetrator Of Catfishing Scheme Charged With Extortion, Cyberstalking, And Interstate Threats

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of a three-count Indictment charging defendant SAKOYA BLACKWOOD with interstate communications with the intent to extort, cyberstalking, and extortion.  The defendant was arrested yesterday and presented before U.S. Magistrate Judge Jennifer Willis in federal court in Manhattan.  The case has been assigned to U.S. District Judge Jesse M. Furman.

U.S. Attorney Damian Williams said:  “No one should have to fear public humiliation and financial loss from the release of personal, private information.  As alleged, Sakoya Blackwood created that very fear and sought to capitalize on it for her own personal gain.  I commend the victim for reporting this alleged criminal activity and encourage anyone else who believes they may have been a victim of this scheme to contact the FBI.”    

FBI Assistant Director Michael J. Driscoll said:  "Most people hope for a personal human connection in life, and scam artists twist that desire into illicit schemes to steal more than hearts. We believe Blackwood used tactics we allege in this indictment to blackmail and extort money from other victims.  We are asking those people to contact us so we can help them but also to ensure no one else ever falls victim to Blackwood's alleged deception."

As alleged in the Indictment unsealed yesterday in Manhattan federal court and statements made in court:[1]

The defendant used multiple online identities to target wealthy and high-profile men in a catfishing and extortion scheme.  In particular, as alleged in Count One, BLACKWOOD made threats against the Chief Executive Officer of a publicly traded company, identified in the Indictment as “Victim-1,” and threatened to release sexually explicit photographs and communications involving Victim-1 with the intent to extort.  BLACKWOOD engaged in a campaign of harassment against Victim-1, sending numerous intimidating and threatening text messages.  BLACKWOOD also used threats of economic and reputational harm from the release of the sexually explicit communications and photographs in an attempt to obtain payments from Victim-1.  As indicated in the Indictment, BLACKWOOD targeted multiple other victims as part of this catfishing and extortion scheme.

BLACKWOOD, 34, of the Bronx, New York, is charged with one count of making interstate communications with intent to extort, which carries a maximum sentence of two years in prison; one count of cyberstalking, which carries a maximum sentence of five years in prison; and one count of extortion, which carries a maximum sentence of 20 years.

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.

Mr. Williams praised the outstanding investigative work of the FBI.

If you believe you are a victim of this offense, please contact the FBI at 1-800-CALL FBI, and reference this case.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty

[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.