BRONX MAN CONVICTED OF MANSLAUGHTER FOR KILLING ROOMMATE

Defendant Bludgeoned 63-Year-Old Man With Shovel 

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been convicted of first-degree Manslaughter for the 2014 killing of his 63-year-old roommate, whom he fatally struck multiple times with a shovel following a dispute. 

  District Attorney Clark said, “The defendant brutally beat to death an elderly man who suffered from poor health and had welcomed him into his home. After striking the victim with a shovel, the defendant left him to die on the floor. Now he faces many years in prison for this callous crime.”   

  District Attorney Clark said the defendant, Armando Sanchez, 21, who was living at 2185 Grand Concourse, was found guilty today of first-degree Manslaughter by Acting Bronx Supreme Court Justice Margaret Clancy after a bench trial that lasted about four weeks. Sanchez faces up to 25 years in prison when he is sentenced on January 24, 2017. 

  According to trial testimony, on November 12, 2014, Sanchez argued with his roommate, Elvin Ramirez, 63, with whom he had been living for the past month in Ramirez’s 2185 Grand Concourse apartment. The following day, Ramirez was found dead in his apartment. Sanchez was arrested on December 14, 2014 after surveillance video from the building showed him attempting to cover his face as he fled the residence.

Comptroller Stringer Releases Alarming New Numbers on “High Priority” ACS Investigations

Following the Zymere Perkins Tragedy, New Initial Findings Released To ACS

ACS Failed to Follow Its Own Protocols in Nearly 3,700 “High Priority” Investigations 

   New York City Comptroller Scott M. Stringer today released disturbing new data in the initial findings of his office’s investigation into the Administration for Children’s Services begun after the tragic death of Zymere Perkins. The new numbers demonstrate how dysfunction occurs at ACS – and shed light on how children can slip through the cracks.

The Comptroller’s Office reviewed nearly 3,700 “high priority” investigations ACS conducted on complaints received during a three-month period between July and September 2016. Those investigations involved either a child’s death or at least four prior complaints of abuse or neglect in a child’s household, or both. The Comptroller’s Office found the following violations of ACS protocols:

• 73 percent – or 2,360 cases – of the closed ACS investigations lacked the required minimum number of manager’s reviews, and 32 percent lacked the required number of supervisor’s reviews.
• In 68 percent – or 2,516 cases – of both open and closed high-priority ACS investigations, a “Risk Assessment Profile” was not completed within 40 days.
• 53 investigations were closed without ACS investigators ever meeting with the child who was allegedly abused.
• In 22 percent of the investigations, ACS investigators did not meet with the child within 24 hours of an abuse allegation.
• In 26 percent of investigations, ACS investigators did not meet with the child the required number of times.

“Behind these percentages are vulnerable children who desperately need help. Behind these numbers, there are lives at stake. Right now, the City is failing them. We must continue to demand change. This is too important,” New York City Comptroller Scott M. Stringer said. “The takeaway from these numbers is simple. Regulations are in place to save lives, but ACS is failing because it’s not following its own protocols. We need to see real, long-term change at this agency.”

In June 2016, Comptroller Stringer released an audit of ACS, which found that incomplete and poorly supervised investigations put abused children at risk. This follow-up investigation was announced following the death of Zymere Perkins. The Comptroller’s Office will continue to look into ACS’s performance of its child-protective investigative responsibilities in the coming months.

U.S. Attorney Files Civil Rights Suit Against Bronx Developer To Remedy Pattern And Practice Of Inaccessible Design And Construction Of Apartment Buildings

  Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has filed a federal civil rights lawsuit against ABRAHAM STRULOVITCH to require him to remedy conditions at two rental complexes in the Bronx and in Orange County to make them accessible to people with disabilities and to ensure that two rental complexes currently under construction by STRULOVITCH in the Bronx will be accessible.  

Manhattan U.S. Attorney Preet Bharara said: “The Fair Housing Act’s accessibility provisions were enacted to ensure that people with disabilities have the same access to housing as everyone else.  With today’s lawsuit, we seek to ensure that Strulovitch fixes the current inaccessible conditions at Riverdale Parc and Bluestone Commons as well as at his ongoing construction projects.  This Office will continue to use all available tools to enforce the FHA’s promise of accessibility for people with disabilities.” 

The Fair Housing Act’s (“FHA”) accessible design and construction provisions require multifamily housing complexes constructed after January 1993 to have basic features accessible to persons with disabilities.  According to the allegations in the Complaint, STRULOVITCH has engaged in a pattern and practice of discriminatory conduct, as evidenced by the numerous inaccessible conditions at Riverdale Parc, a 54-unit rental complex in the Riverdale section of the Bronx designed and constructed in 2014, and Bluestone Commons, a 70-unit rental complex for senior residents in Maybrook, New York, designed and constructed in 2015.  The inaccessible conditions alleged include, for example, an excessively high threshold at the main entrance to Riverdale Parc, as well as insufficiently wide doorways within the rental units at both Riverdale Parc and Bluestone Commons.  Other inaccessible conditions include excessively high thresholds to balconies within the rental units at Bluestone Commons and inaccessible locations of thermostats or other environmental controls in the rental units at Riverdale Parc and Bluestone Commons.

The Complaint further alleges that STRULOVITCH currently is actively involved in designing and constructing two other rental complexes in the Bronx – 640 West 238th Street and 3707 Blackstone Avenue – that will contain a total of more than 90 rental units.  In the Complaint, the United States also seeks a court order requiring STRULOVITCH to take steps necessary to ensure that both 640 West 238thStreet and 3707 Blackstone Avenue will be constructed in compliance with the Fair Housing Act’s accessibility requirements.

The case is being handled by the Office’s Civil Rights Unit.  Assistant U.S. Attorneys Li Yu, Jacob Lillywhite, Jessica Jean Hu, and Natasha Teleanu are in charge of the case.

EDITOR'S NOTE:

This blog has been chronicling the building of the 640 West 238th Street since the demolition of the one story house on the lot. The developer has had nothing but a lack of respect and no concern to the community, and now we know why. The developer during the building of 640 West 238th Street has been caught on camera not abiding by rules of New York City permits which were issued, and has ruined West 238th Street and the formerly nice island that is in the middle of the street in front of West 238th Street. Just check the archive section of this blog for the many reports and photos of the building of 640 West 238th street.

Manhattan U.S. Attorney Announces $30 Million Settlement With Total Call Mobile For Defrauding Government Program Offering Discounted Mobile Phone Services To Low-Income Consumers

Total Call Mobile Admits to Seeking and Receiving Reimbursement for Tens of Thousands of Ineligible Consumers and Agrees to Cease Participating in the Government Program

   Preet Bharara, the United States Attorney for the Southern District of New York, and Travis LeBlanc, Federal Communications Commission (“FCC”) Enforcement Bureau Chief, announced today a $30 million settlement of a civil fraud lawsuit against TOTAL CALL MOBILE, LLC (“TOTAL CALL”), for defrauding the Lifeline Program, a federal government subsidy program that offers discounted mobile phone services to eligible low-income consumers.  TOTAL CALL, based in Gardena, California, has enrolled Lifeline subscribers in 19 states and territories.  The United States’ Complaint alleges that Total Call, with the knowledge and involvement of its affiliate, co-defendant LOCUS TELECOMMUNICATIONS, LLC, and their shared corporate parent, co-defendant KDDI AMERICA, INC., knowingly submitted false claims for federal payments by seeking reimbursement for consumers who did not meet Lifeline eligibility requirements.  As part of the settlement, TOTAL CALL admitted and accepted responsibility for conduct alleged in the Complaint, including seeking reimbursement for tens of thousands of ineligible consumers, and agreed to no longer participate in the Lifeline Program.  The payment also resolves an administrative investigation conducted by the FCC, and the FCC has entered into a separate administrative agreement with TOTAL CALL as part of this global settlement.

Manhattan U.S. Attorney Preet Bharara said:  “By routinely looking the other way while its sales agents repeatedly engaged in obvious fraud, Total Call Mobile undermined the goals and depleted the resources of a federal subsidy program designed to provide discounted phone services to low-income individuals.  While it certified its compliance with FCC rules, Total Call enrolled and claimed federal payments for tens of thousands of consumers who did not qualify for the program.”

FCC Enforcement Bureau Chief Travis LeBlanc said:  “We have no toleration for fraud.  This unprecedented $30 million settlement along with a permanent ban from the Lifeline Program affirms our commitment to pursue the strongest sanctions for those who defraud or abuse the Universal Service program.  We thank our partners at the Department of Justice for working with us to make sure that companies that commit fraud are held accountable to the fullest extent of the law.”

To be eligible for the Lifeline Program, a consumer must have income that is at or below 135% of the Federal Poverty Guidelines or participate in one of a number of specified federal, state, or Tribal assistance programs.  Eligible Telecommunications Carriers (“ETCs”), such as TOTAL CALL, receive monthly federal payments for providing discounted phone services to qualified consumers.  As a condition of receiving these payments, an ETC must comply with regulations established by the FCC, which, among other things, require the implementation of policies and procedures for ensuring that enrolled subscribers are eligible for the program and that households do not receive more than one Lifeline phone.  ETCs must certify their compliance with Lifeline rules as part of an annual reporting requirement and with each monthly request for payment.

As alleged in the Complaint filed in Manhattan federal court:

TOTAL CALL relied primarily on in-person sales events to enroll consumers in the Lifeline Program.  The company contracted with “master agents,” who in turn hired “field agents” to engage in face-to-face marketing at public events and spaces.  These field agents were expected to enter electronically a consumer’s demographic information and capture images of the consumer’s proof of identification and proof of eligibility for the Lifeline Program (e.g., Medicaid card, food stamp card).  TOTAL CALL had access to the information entered by the field agents. 

TOTAL CALL, with the knowledge and involvement of the other defendants, engaged in a widespread practice of seeking federal reimbursement for consumers who did not meet Lifeline’s eligibility requirements.  TOTAL CALL field agents employed a range of fraudulent enrollment practices, including repeatedly using the same eligibility proof to enroll multiple consumers, tampering with identification or eligibility proof documentation, intentionally altering the way consumer information was input so as to avoid the detection of duplicate subscriber enrollments, and submitting false consumer addresses and social security numbers.  Although TOTAL CALL’s managers were notified that high volume field agents were engaging in blatantly fraudulent enrollment practices, TOTAL CALL continued to approve and seek federal reimbursement for consumers enrolled by these agents.

In addition, defendants failed to implement effective procedures and systems for preventing the enrollment of duplicate or otherwise ineligible Lifeline subscribers.  In many instances, even a cursory review of the submitted information and documentation or a straightforward search of the existing customer database would have shown that an application was faulty and should be denied.  However, to maximize enrollments and meet its aggressive sales targets, TOTAL CALL approved applications with little or no scrutiny, and then submitted grossly inflated reimbursement requests with false certifications of compliance with Lifeline rules.

Today, U.S. District Court Judge Jed S. Rakoff approved a settlement stipulation to resolve the Government’s claims against the defendants.  Under the settlement, defendants are required to pay approximately $22.54 million to the United States, and to forego payment of approximately $7.46 million in Lifeline reimbursements claimed by TOTAL CALL but held by the Government pursuant to a prior FCC Order.  Further, TOTAL CALL has agreed to cease providing Lifeline services by December 31, 2016, and not to participate in the Lifeline Program in the future. 

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

• TOTAL CALL failed to implement effective policies and procedures to ensure the eligibility of the subscribers for whom TOTAL CALL requested reimbursement for Lifeline discounts, as required by Lifeline rules.
   

• For much of the period from September 2012 to May 2016, defendants allocated insufficient staff and resources to verifying the eligibility of Lifeline subscribers, and failed to adequately screen and train the field agents. 
  
  
•  Hundreds of TOTAL CALL field agents engaged in fraudulent practices to enroll consumers who were duplicate subscribers or who were otherwise not eligible for the Lifeline Program.  TOTAL CALL failed to put in place effective mechanisms to oversee the conduct of field agents and detect and prevent field agent abuses. 
  • Certain field agents repeatedly used the same benefit program eligibility proof to enroll multiple consumers.  Agents frequently enrolled several different individuals by submitting an image of the same improperly obtained program eligibility card or, in some instances, a fake program eligibility card. 
  • Certain field agents slightly altered the way in which a subscriber’s demographic information was input to avoid having TOTAL CALL identify the application as a duplicate. 
  • Certain field agents tampered with identification or program eligibility cards, and intentionally transmitted blurry or partial images of the documentation, to try to conceal the fact that the information on the documentation did not match the subscriber’s actual name or the other information on the Lifeline application. 
  • Certain field agents provided their own signature, printed their own name, or wrote a straight or curvy line where the prospective subscriber’s signature was supposed to appear on Lifeline applications. 
  • Certain field agents submitted false consumer addresses and social security numbers to enroll duplicate or otherwise ineligible subscribers.  

• At the time that TOTAL CALL submitted many of its monthly remittance requests, TOTAL CALL knew that its policies and procedures for reviewing Lifeline applications, verifying consumer eligibility, conducting duplicate checks, and detecting duplicate subscribers were deficient.  
• TOTAL CALL sought and received reimbursement for tens of thousands of consumers who did not meet the Lifeline eligibility requirements.

In connection with the filing of the lawsuit and settlement, the Government joined a private whistleblower lawsuit that had previously been filed under seal pursuant to the False Claims Act.

Mr. Bharara thanks the FCC’s Office of Inspector General and the FCC’s Enforcement Bureau for their investigative efforts and assistance with the case.

Annual Bronx Chanukah Menorah Lighting

  While this event takes place at the Bronx County Courthouse, due to construction the Annual Chanukah lighting was moved this year to the Riverdale This year Chanukah falls on Saturday night which happens to be the same day as Christmas Eve. Rabbi Greenberg of the Bronx Jewish Community Council said that the Bronx tradition dates back to 1987 with then Bronx Borough President Freddy Ferrer. The photos should tell the rest of the story.

Above - The SAR Academy Elementary School Choir anxiously awaits their chance to sing.

Below - The Choir sang several songs including both national anthems of the United States and the State of Israel.

Above - You can see the smiles on the students as they sing.

Below - Ms. Arlene Salmon of the BJCC was the Mistress of Ceremonies.

Above - Bronx Borough President Ruben Diaz Jr.

Below - Congressman Eliot Engel.

Above - Rabbi Greenberg says the Chanukah prayer.

Below - Rabbi Greenberg helps Bronx BP Diaz light the first candle.

Above - Congressman Engel lights one of the candles.

Below - Assemblyman Jeffrey Dinowitz lights another candle.

Senator Diaz Welcomes All to Participate in the Christmas Eve Humanitarian Relief Effort To Be Held In Bronx County

Senator Reverend Ruben Diaz  welcomes individuals, community organizations and companies to participate in the  “Christmas Eve Humanitarian Relief Effort” to help flood victims in the Dominican Republic on Saturday, December 24, 2016 from 12PM–4PM on Southern Boulevard and Aldus Street in Bronx County.

Leaders for the "Christmas Eve Humanitarian Relief Effort" hope to receive donations such as non-perishable food, clothing, medical supplies and financial contribution to send to flood victims in the Dominican Republic.

This effort has been coordinated by Senator Rev Ruben Diaz, the New York Hispanic Clergy Organization, Radio Vision Cristiana International, the Dominican Republic Presidential Liaison Committee for USA Ministers presided by Bishop Nicolas Angustia, Livery Taxi Industry Committee, Salcedo Cargo Express, Super Canal Caribe Television, Radio Cantico Nuevo, Inc., NYPD 41^st  Precinct, and elected officials.

DE BLASIO ADMINISTRATION SUPPORTS MORE THAN 1,300 NYC CHILDREN AND YOUTH THROUGH SECRET SNOWFLAKE HOLIDAY INITIATIVE

Secret Snowflake, a holiday initiative spearheaded by NYC Service in partnership with four City agencies, will provide gifts for children and youth served by NYC Family Justice Centers, foster care or the shelter system.

  The de Blasio Administration today announced that it is supporting more than 1,300 children and youth with crucial necessities and toys this holiday season through the Secret Snowflake initiative.

In 2016, Secret Snowflake mobilized 900 City and private sector employees to answer 1,300 hand written letters from children and youth in need and provide them with gifts this holiday season, doubling the number of children served through letters last year. In addition, 10 organizations, including Greenlight Bookstore and Eeboo Toys, contributed over 2,000 in kind donations such as books, toys and school supplies. These donations are distributed to City agency partners to supplement letters and serve additional children.

“The holidays are a great time for us as New Yorkers to count our blessings and share our gratitude with others,” said Mayor Bill de Blasio. “The Secret Snowflake Holiday initiative is making this season brighter for hundreds of children and youth across our City, and it reminds us of how powerful we are when we work together. I want to thank the hundreds of New Yorkers who answered letters this year and the many organizations that have contributed in-kind donations to make this possible.”

“Sharing the joy of the holiday season with children around New York City is one of the ultimate highlights of this time of year,” said Council Speaker Melissa Mark-Viverito. “Through the Secret Snowflake program, hundreds of young people throughout the five boroughs will have their celebrations brightened by our dedicated civil servants and contributors. The work of the Office of Mayor de Blasio, NYC Service and partner organizations serves as a model for the giving spirit this festive month should instill in all of us, and I thank them for their commitment to even the youngest of New Yorkers.”

“By leveraging the spirit of service during the holidays, Secret Snowflake brings New Yorkers together to support hundreds of children and youth in need,” said Chief Service Officer Paula Gavin. “NYC Service is so honored to continue leading this initiative and we are grateful for the partnership and support from our City agencies, businesses and every day New Yorkers across the City that helped make this the most successful year of Secret Snowflake yet.”

The Secret Snowflake is led by NYC Service in partnership with the Administration for Children’s Services, the Department of Homeless Services, Department of Social Services and the Mayor’s Office to Combat Domestic Violence.

Additionally, NYC Service coordinates with City employees, including the Mayor’s Office for International Affairs, which engages the diplomatic community in service. This year, participants included representatives from the Consulates General of Australia, Belarus, Denmark, Germany, Lebanon, Singapore, Sweden, Thailand and the United Arab Emirates. Representatives from the Permanent Missions of Chile, France, Germany, Kuwait, Singapore, Switzerland, the United States, the Delegation of the European Union as well as staff from across the United Nations also participated.

Through the Secret Snowflake Holiday initiative, NYC Service actively recruits corporate partners such as Brookfield, HBO, The New York Times and Yelp to answer hand written letters from children in need.

NYC Service also uses the holiday season to involve local businesses in Secret Snowflake. Greenlight Bookstore in Brooklyn joined the initiative this year and engaged their customers and publishers in a holiday book drive that raised nearly 500 books that will supplement answered letters and serve additional children.

Over the last three holiday seasons, Secret Snowflake has mobilized a total of 1,548 New Yorkers to answer letters and provide gifts for over 2,200 children and youth. The initiative has also helped collect over 3,000 in-kind donations from organizations across the City to supplement letters and serve additional children.

2016 Corporate Partners (Employees Answered Letters)

• Brookfield
• HBO
• Maggie Vision Productions
• New York City Football Club
• The New York Times
• Yelp

2016 In-Kind Donors

• Akashic Books
• Eeboo Toys
• Europa Editions
• Greenlight Bookstore
• Harper Collins
• HBO
• Mayor’s Office of International Affairs
• Penguin Random House
• Soho Press/Soho Crime

“The holidays are a great opportunity to show our generosity to hundreds of children in foster care and their families,” said Former Commissioner of the NYC Administration for Children’s Services Gladys Carrión. “Secret Snowflake encourages New Yorkers to take the time to make a child feel special. I am proud to partner with NYC Service and other City and private agencies in giving back to our youth in care.”

“NYC Service’s ‘Secret Snowflake’ is instrumental in connecting donations made in the spirit of the season to New Yorkers who need it most,” said Commissioner to the Department of Social Services Steven Banks. “We thank NYC Service for its commitment to work with us to improve the lives of homeless New Yorkers.”

“The Mayor’s Office to Combat Domestic Violence is proud to take part in Secret Snowflake,” said Commissioner of the Mayor’s Office to Combat Domestic Violence Cecile Noel. “This program embodies the best values of New Yorkers and is a shining display of generosity around the holidays. We are grateful to the many donors throughout the City who have helped bring gifts and smiles to hundreds of underserved children whose lives have been affected by domestic violence. The families at the NYC Family Justice Centers that benefit from Secret Snowflake are very grateful for the kindness they receive, and more importantly, to be able to bring joy to their children during this festive season.”

52nd Precinct Council Meeting Special Guest

  At last night's 52nd Precinct Council there was a special guest. Santa Claus was among the crowd, but it was Bronx District Attorney Darcel Clark who was the special guest who described her first year as Bronx DA. DA Clark described her accomplishment of making the DA's office vertical, meaning that one Assistant DA covers a case from start to end as opposed to several different Assistant DA's in the past. 

  Also at the meeting was State Senator Gustavo Rivera, who gave a brief detail of what he expects to see in the upcoming new year in the State Senate. The Precinct commander went over the crime stats, which he said have declined slightly over the past year in the 52nd Precinct. He also said however that the biggest problem seems to be robberies where thieves come in through unlocked or unsecured windows on fire escapes. He added that this may happen when you are not home, and in some instances when people were at home. There was cheer, food, and a good time had by all who attended.

Above - Bronx District Attorney Darcl Clark speaks to the crowd.

Below - State Senator Gustavo Rivera gives his take on the upcoming new year for the State Senate.