Leader Of Manhattan Drug Trafficking Organization Sentenced To 15 Years In Prison

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that PEDRO VICIOSO DE LIMA, a/k/a “Pep,” a/k/a “Pepo,” was sentenced today in Manhattan federal court to 180 months in prison for leading a drug trafficking organization (the “DTO”) that was responsible for dealing fentanyl-laced heroin that has been tied to multiple suspected fatal and nonfatal overdoses.  VICIOSO DE LIMA previously pled guilty to participating in a conspiracy to distribute heroin, and was sentenced today before U.S. District Judge Colleen McMahon.

U.S. Attorney Audrey Strauss said: “As he previously admitted, Pedro Vicioso De Lima led a Washington Heights drug distribution network that sold fentanyl-laced heroin even after he was aware that customers were overdosing on it.  Vicioso De Lima’s drug peddling and his callous disregard for its consequences have resulted in today’s prison sentence.”

According to the allegations in the Indictment and other filings and statements made in Court:

VICIOSO DE LIMA was the leader of a drug trafficking organization (the “DTO”) that operated in New York, New York, and controlled heroin sales from a building at 501 West 167th Street (the “DTO’s Building”) and the immediately surrounding vicinity (the “DTO’s Drug Territory”).  From July 2016 to October 2018, the DTO is estimated to have distributed more than 85 kilograms of heroin, much of it laced with fentanyl.  VICIOSO DE LIMA controlled and oversaw the operations of the DTO, and together with his trusted second-in-command, Victor Hidalgo, managed stash houses in the DTO’s Drug Territory where the DTO stored its wares.  The defendant directed other members of the DTO on matters ranging from how to handle drugs being sold by the DTO, to managing lookouts who worked for the DTO and surveilled for law enforcement, to handling complaints by customers about the quality of drugs being sold by the DTO. 

No later than May 2018, VICIOSO DE LIMA was told by Hidalgo that the mixture of heroin being sold by the DTO was causing people to “drop[]” – or overdose – outside the DTO’s Building.  Nevertheless, VICIOSO DE LIMA persisted in leading the DTO and selling its potentially fatal narcotics through his arrest in this case in November 2018.

VICIOSO DE LIMA, 52, of Bergenfield, New Jersey, pled guilty to one count of conspiracy to distribute and possess with intent to distribute one kilogram and more of heroin from July 2016 to October 2018.  In addition to the prison term, VICIOSO DE LIMA was sentenced to 10 years of supervised release.

Hidalgo was previously sentenced to 120 months in prison.

Ms. Strauss praised the outstanding investigative work of Homeland Security Investigations, the Drug Enforcement Administration, and the New York City Police Department.

172 Days and Counting

 

We want you to get vaccinated if you have not. Right Dr. Chokshi.  

Let me take a question from a member of the media

Question: Thank you. And then, last week, Dr. Chokshi said that the vast majority of both new cases and hospitalizations are occurring for those who are not yet fully vaccinated. I'm wondering whether you have any data on whether anyone who has gotten the Delta variant or is hospitalized had, had antibodies from having previously had the original strain of COVID?  

  

Mayor: Very good question and I'm going to turn it to Dr. Chokshi.  

  

Commissioner Chokshi: Thank you for this important question, which is if someone has had previous infection and particularly if they have antibodies after that prior infection, are they at risk of getting reinfected, particularly with the Delta variant? And the answer is that there is a small risk of reinfection, and it appears that the Delta variant does have some slightly greater properties to invade the immune system. But natural infection does provide good protection against all of the variants of the virus that are circulating in New York City, including the Delta variant. The final point, which is very important, is that the best way to augment that immunity is to get vaccinated. So, if you're someone like me who had COVID-19 in the past, my recommendation is for you to get vaccinated as well, because we do have evidence that strengthens immunity and it may extend the duration of immunity as well.   

 

SATURDAY, JULY 17TH 2021

4:00pm - 6:00pm PT / 7:00pm 9:00pm ET

CELEBRATING 36 YEARS Throughout its more than 36 year history, the 116th Street Festival has evolved to become a major national event that represents New York’s diverse Latino communities, cultures, passions, and rhythms. While we miss being with our fans on the streets of New York, it’s still too early in the city’s post-COVID recovery to execute an in-person festival so this year we’re once again putting our full force and creativity behind a major virtual experience for 2021 that will be on local and national broadcast TV, on live stream platforms, and on OTT. We know you’ll enjoy this special edition of the festival as we hope and pray that in 2022 we can once again see you back on the streets of the 116th Street Festival.

HOSTED BY

Danny Trejo Connect with Us on Social  #116thStreetFestival Visit our website to learn more

U.S. Attorney Files And Simultaneously Settles Lawsuit Against Jujamcyn Theaters LLC To Improve Accessibility At Five Of Broadway’s Most Historic Theaters

 

Jujamcyn Agrees to Provide Dozens of Additional Wheelchair Accessible and Aisle Transfer Seating Locations, and Remove Hundreds of Barriers to Accessibility

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced today the filing and settlement of a lawsuit in Manhattan federal court against JUJAMCYN THEATERS LLC, the owners and operators of five of Broadway’s most historic theaters, the AL HIRSCHFELD, the AUGUST WILSON, the EUGENE O’NEILL, the ST. JAMES, and the WALTER KERR, involving violations of the Americans With Disabilities Act (the “ADA”).  The settlement, in the form of a consent decree, was entered yesterday by U.S. District Judge Analisa Torres.

U.S. Attorney Strauss said: “As New York City begins to reopen and welcome the world once again, we are pleased that Jujamcyn Theaters has worked collaboratively with the Office to improve accessibility at its historic venues, so that all patrons are able to enjoy Broadway.  As a result of this suit and settlement, coupled with similar lawsuits filed by the Office against the Shubert Theaters in 2003, and the Nederlander Theaters in 2014, all three of the major Broadway theater organizations have committed to making their venues significantly more accessible to people with disabilities.”

According to the Complaint and Consent Decree filed in Manhattan federal court:

In the course of an investigation and negotiation over several years, the U.S. Attorney’s Office identified numerous ADA violations at each of the five theaters operated by JUJAMCYN THEATERS LLC, all of which were opened in the 1920s.  The ADA generally requires that, for facilities constructed prior to the effective date of the ADA in 1993, barriers to accessibility be removed where it is readily achievable to do so.  Throughout the Government’s investigation and the negotiation of the Consent Decree, JUJAMCYN THEATERS LLC agreed to remove hundreds of barriers to accessibility.

Under the Consent Decree, JUJAMCYN THEATERS LLC agrees to continue its efforts to improve accessibility at its theaters, as the schedules of shows at the theaters permit. Specifically, JUJAMCYN THEATERS LLC has agreed to do the following:

• provide a total of 44 wheelchair accessible seating locations, and direct its ticket vendors to accord priority to persons with disabilities in selling those seating locations;
   
• provide a total of 54 aisle transfer seating locations for persons who are able to transfer from a wheelchair into a seat, and direct its ticket vendors to accord priority to persons with disabilities in selling those seating locations; and
   
• eliminate approximately 200 individual barriers to accessibility in theater restrooms, concession counters, waiting areas, and box offices.

In addition, JUJAMCYN THEATERS LLC will pay a $40,000 civil penalty to the United States.

 

Since President George H.W. Bush signed the ADA into law, the U.S. Attorney’s Office for the Southern District of New York has played a significant role in bringing numerous New York City institutions into compliance with the ADA and its regulations.  The Office’s enforcement efforts include, among many others, Yankee Stadium, Madison Square Garden, Radio City Music Hall, the Shubert Theaters, the Nederlander Theaters, Avery Fisher Hall at Lincoln Center, the Metropolitan Opera, the Apollo Theater, the Puck Building, the Rainbow Room, and The Vessel at Hudson Yards.

 

To file a complaint alleging that any place of public accommodation within the Southern District of New York is not accessible to persons with disabilities, use the Civil Rights Complaint Form available on the United States Attorney’s Office’s website, www.usdoj.gov/usao/nys. Complaints should be sent to:

 

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

86 Chambers Street, 3rd Floor

New York, New York, 10007

Attention: Chief, Civil Rights Unit

Bank CEO Stephen M. Calk Convicted Of Corruptly Soliciting A Presidential Administration Position In Exchange For Approving $16 Million In Loans

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that STEPHEN M. CALK was convicted of financial institution bribery and conspiracy to commit financial institution bribery, for corruptly using his position as the head of a federally-insured bank to issue millions of dollars in high-risk loans to Paul Manafort in exchange for a personal benefit: CALK’s placement on a 2016 presidential campaign and assistance from Manafort in trying to obtain a senior position with the incoming presidential administration.  CALK was convicted following a three-week trial before U.S. District Judge Lorna G. Schofield.

Manhattan U.S. Attorney Audrey Strauss said:  “A unanimous jury convicted Stephen M. Calk of approving millions of dollars in high-risk loans to Paul Manafort in an effort to secure a personal benefit, namely a high-profile spot on the presidential campaign and appointment as Secretary of the Army or another similarly high-level position in the incoming presidential administration.  Calk used the federally-insured bank he ran as his personal piggybank to try and buy himself prestige and power.  Today’s verdict sends the message that corruption at the highest levels of federally regulated financial institutions will be prosecuted by this Office.”

As reflected in the Indictment, documents previously filed in the case, and evidence introduced at trial:

CALK, The Federal Savings Bank, and Paul Manafort

STEPHEN M. CALK was the chairman and chief executive officer of The Federal Savings Bank, a federal savings association headquartered in Chicago, Illinois, with an office in New York, New York (the “Bank”).  The Bank was owned in its entirety by National Bancorp Holdings, a Chicago-based bank holding company (the “Holding Company”), and CALK was the chairman, chief executive officer, and owner of approximately 67% of the Holding Company.

Paul Manafort was a lobbyist and political consultant.  Beginning in or about March 2016, Manafort held a senior role with a 2016 presidential campaign (the “Presidential Campaign”), and from June 2016 through August 2016, he served as chairman of the Presidential Campaign.  After Manafort’s formal role with the Presidential Campaign concluded in or about August 2016, Manafort continued to be informally involved in the campaign.  Beginning in or about November 2016, when the candidate was elected President of the United States, Manafort provided informal input to the presidential transition team (the “Presidential Transition Team”).

The Corrupt Scheme

Between in or about July 2016 and January 2017, CALK engaged in a corrupt scheme to exploit his position as the head of the Bank and the Holding Company in an effort to secure a valuable personal benefit for himself, namely, Manafort’s assistance in obtaining for CALK a senior position in the presidential administration.  During this time period, Manafort sought millions of dollars in loans from the Bank.  CALK understood that Manafort urgently needed these loans in order to terminate or avoid foreclosure proceedings on multiple properties owned by Manafort and Manafort’s family.  Further, CALK believed that Manafort could use his influence with the Presidential Transition Team to assist CALK in obtaining a senior administration position.

CALK thus sought to leverage his control over the Bank and the loans sought by Manafort to his personal advantage.  Specifically, CALK offered to, and did, cause the Bank and Holding Company to extend $16 million in loans to Manafort in exchange for Manafort’s requested assistance in obtaining a high-level position in the presidential administration.  For example, and while Manafort’s loans were pending approval, CALK provided Manafort with a ranked list of the governmental positions he desired, which started with Secretary of the Treasury, and was followed by Deputy Secretary of the Treasury, Secretary of Commerce, and Secretary of Defense, as well as 19 ambassadorships similarly ranked and starting with the United Kingdom, France, Germany, and Italy.

In approving these loans to Manafort, CALK was aware of significant red flags regarding Manafort’s ability to repay the loans, such as his history of defaulting on prior loans.  Moreover, given the size of the loans, Manafort’s debt became the single largest lending relationship at the Bank.  In order to enable the Bank to issue these loans without violating the Bank’s legal limit on loans to a single borrower, CALK authorized a maneuver never before performed by the Bank, in which the Holding Company—which CALK also controlled—acquired a portion of the loans from the Bank.

During the same time period, Manafort provided CALK with valuable personal benefits.  First, in or about the summer of 2016, during the Presidential Campaign—and just days after CALK and the rest of the Bank’s credit committee conditionally approved a proposed $9.5 million loan to Manafort — Manafort appointed CALK to a prestigious economic advisory committee affiliated with the campaign.  And second, in or about late November and early December 2016—after the candidate had been elected President, after Manafort’s first loan from the Bank had been issued, and while a second set of loans worth $6.5 million sought by Manafort was pending approval by the Bank— Manafort used his influence with the Presidential Transition Team to assist Calk, recommending CALK for an administration position.  Due to Manafort’s efforts, CALK was formally interviewed for the position of Under Secretary of the Army on January 10, 2017 at the Presidential Transition Team’s principal offices in New York, New York.  CALK was not ultimately hired.

To conceal the unlawful nature of his scheme, CALK made false and misleading statements to the OCC regarding the loans to Manafort.  For example, CALK falsely stated to the OCC regulators that he had not known that the Manafort’s properties had been in foreclosure prior to issuing the loans.  CALK also stated that he had never desired a position in the presidential administration. 

CALK, 56, was found guilty of one count of financial institution bribery, which carries a maximum sentence of 30 years in prison, and one count of conspiracy to commit financial institution bribery, which carries a maximum sentence of 5 years in prison.  CALK is scheduled to be sentenced on January 10, 2022.

Ms. Strauss praised the outstanding investigative work of the FBI and FDIC OIG.

Governor Cuomo Updates New Yorkers on State's Progress Combating COVID-19

 

Statewide 7-Day Average Positivity is 0.93%

33,887 Vaccine Doses Administered Over Last 24 Hours

6 COVID-19 Deaths Statewide Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress combating COVID-19.

"Thanks to the hard work of our health care workers and the discipline New Yorkers have shown thus far, we continue to feel confident about where we are and what the road ahead looks like," Governor Cuomo said. "To stay this course, the best thing we can all do is get vaccinated. If you still need to get your shot, please do so as quickly as possible to protect yourself and everyone around you."

Today's data is summarized briefly below:

• Test Results Reported - 50,053
• Total Positive - 643
• Percent Positive - 1.28%
• 7-Day Average Percent Positive - 0.93%
• Patient Hospitalization - 349 (+1)
• Patients Newly Admitted - 59
• Patients in ICU - 80 (+2)
• Patients in ICU with Intubation - 31 (-5)
• Total Discharges - 185,508 (+46)
• Deaths - 6
• Total Deaths - 43,018
• Total vaccine doses administered - 21,611,185
• Total vaccine doses administered over past 24 hours - 33,887
• Total vaccine doses administered over past 7 days - 251,548 
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 70.5%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 65.2%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 73.3%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 66.8%
• Percent of all New Yorkers with at least one vaccine dose - 58.8%
• Percent of all New Yorkers with completed vaccine series - 54.1%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 61.1%  
• Percent of all New Yorkers with completed vaccine series (CDC) - 55.4%

Attorney General James Announces $97 Million in Restitution for TIAA Customers Misled Into Investing in Higher-Fee Accounts

 

TIAA Relied on Reputation as a “Trusted Partner” and “Objective” Financial Advisor to Pressure Clients Into Paying Hundreds of Millions in Fees

Victims of Fraud Included Teachers, Public Sector Employees, Medical Professionals, and Others

AG James and SEC Secure Significant Relief for Investors and Reforms at TIAA

 New York Attorney General Letitia James today announced that TIAA-CREF Individual & Institutional Services, Inc. — a subsidiary of the Teachers Insurance and Annuity Association of America (TIAA) — has agreed to pay $97 million in restitution to tens of thousands of customers who were fraudulently misled into moving their retirement investments into higher-fee accounts offered by the company. Over the course of six years, tens of thousands of customers were pressured by TIAA advisors to move their investments from low-cost, employer-sponsored retirement plans to higher-cost, individually-managed accounts. The program was significantly more expensive for clients and generated hundreds of millions of dollars in fees for TIAA. As part of today’s agreements — which resolve parallel investigations by the Office of the Attorney General (OAG) and the Securities and Exchange Commission (SEC) — TIAA is not only providing significant relief to customers, but has also agreed to undertake significant internal reforms.

“For years, TIAA put profits over people, taking money from people’s hard-earned retirement funds,” said Attorney General James. “TIAA made hundreds of millions of dollars misleading clients and pressuring them into higher-cost investments that picked away at tens of thousands of investors’ retirement accounts. TIAA relied on its reputation as a trusted and objective financial advisor to profit off of clients through fraudulent and manipulative sales practices. We’re finally making things right by returning $97 million back into investors’ pockets and locking TIAA into significant reforms to ensure this type of fraud never happens again. New Yorkers can always trust my office to go after corporate greed.”

“AARP commends New York Attorney General Letitia James for standing up for retirees and near-retirees, and for calling out and stopping this kind of fraud and underlying conflicts of interest,” said AARP New York State Director Beth Finkel. “New Yorkers need to have confidence in professionals who handle their hard-earned savings, and this settlement should help those who were victimized.”

For more than 100 years, TIAA has helped provide investments and financial services for those working in academics, government, medicine, and cultural and other nonprofit fields — describing its mission as “serving those who do good in the world.” But by 2011, TIAA faced several challenges to its institutional business, leading the company to stray from its mission of serving its investors.

Beginning in 2012 and continuing through March 2018, TIAA capitalized on its reputation and client goodwill and employed a fraudulent and misleading marketing pitch to convince its clients to roll over assets from low-cost, employer-sponsored retirement plans to higher-cost, individually-managed accounts in TIAA’s Portfolio Advisor program. 

TIAA's sales representatives falsely described themselves as “objective” and “non-commissioned” advisors who could be seen as “a trusted partner” that worked in a client’s “best interest.” In truth, however, these sales representatives were not objective and actually had a serious conflict of interest. They were heavily incentivized — through financial compensation and supervisory and disciplinary pressures — to identify clients’ “pain points.” These pain points helped the company pressure clients into making different investments by essentially selling fear. This is when sales representatives would recommend that clients rollover their investments to the higher-fee, individually-managed accounts.  

Similarly, TIAA advisors represented to clients that TIAA was operating under a fiduciary standard, but, in reality, the company treated rollover recommendations as subject only to a less rigorous “suitability” standard.   

TIAA’s sales representatives also presented clients with a biased and misleading comparison of their investment options, promoting managed accounts as the only alternative to self-directed investments, while downplaying or omitting advantages of employer-sponsored plans. Many of the advertised features of the Portfolio Advisor accounts were, however, also available for free in clients’ employer-sponsored plans.

Moreover, TIAA learned, in 2018, that projected performance in Portfolio Advisor accounts was worse than the projected performance of assets in employer-sponsored plans that were regularly rebalanced according to free third-party advice. A more recent TIAA analysis, conducted pursuant to the OAG’s investigation, showed that assets invested in a sample employer-sponsored plan and regularly rebalanced according to free third-party advice had superior risk-adjusted returns — across all risk tolerance levels — on both a retrospective and prospective basis.

Beginning in 2017, TIAA undertook a review of its internal procedures and began to correct some, but not all, of its practices.

Resolving both the OAG and the SEC’s claims, TIAA has agreed to pay $97 million that will be provided as restitution to affected investors. Additionally, TIAA has agreed to significant internal reforms, including:

• Subjecting all rollover recommendations to a strict fiduciary standard;
• Eliminating differential compensation for sales of managed accounts;
• Eliminating or fully disclosing other advisor conflicts of interests related to recommending managed accounts;
• Using plain language to disclose when advisors are not acting as fiduciaries; and
• Training advisors to offer a fair comparison between managed accounts and employer-sponsored plans.

The OAG wishes to thank the SEC’s Asset Management Unit for its cooperation in this matter.

Manhattan U.S. Attorney Settles Fraud Suit Against Spectrum Painting For False Statements About Disadvantaged Business Participation On Federal Construction Projects

 

Spectrum Painting Agrees to Pay $400,000 and Admits Conduct Alleged in the Complaint

 Audrey Strauss, the United States Attorney for the Southern District of New York, Brian Gallagher, Acting Special Agent-in-Charge, Northeastern Region, United States Department of Transportation Office of Inspector General (“USDOT-OIG”), Margaret Garnett, the Commissioner of the New York City Department of Investigation (“DOI”), and Carolyn Pokorny, Inspector General of the Metropolitan Transportation Authority (“MTA-OIG”), announced today that the United States has settled civil fraud claims against New York-area painting contractor SPECTRUM PAINTING CORP. (“SPECTRUM”).  The settlement resolves the United States’ allegations that SPECTRUM fraudulently obtained payments on two federally funded construction projects by causing misrepresentations of compliance with Disadvantaged Business Enterprise (“DBE”) rules, which require participation of businesses owned by women and minorities.  Specifically, the United States alleged that SPECTRUM caused the prime contractors on the projects to misrepresent that codefendant Tower Maintenance Corp. (“Tower”), a certified DBE, was solely performing work on the two projects, when in fact much of that work was performed by SPECTRUM, a non-DBE.  As part of the settlement approved yesterday by U.S. District Judge Analisa Torres, SPECTRUM admits and accepts responsibility for conduct alleged in the Government’s amended complaint and agrees to pay $400,000 to the United States.

Manhattan U.S. Attorney Audrey Strauss said: “The Disadvantaged Business Enterprise program is intended to increase participation of minority- and women-owned businesses that historically have been disadvantaged in federal contracting.  This settlement reflects this Office’s commitment to root out DBE fraud in federally funded contracts so that legitimate DBEs can compete fairly for public construction projects.”

USDOT-OIG Acting Special Agent-in-Charge Brian Gallagher said: “The Disadvantaged Business Enterprise (DBE) Program of the U.S. Department of Transportation is designed to create a level playing field for small, disadvantaged businesses to participate in federally-funded construction projects. We will hold accountable those who conspire to misrepresent their compliance with program requirements to obtain taxpayer supported contracts, thereby undermining the DBE program’s goal of expanding opportunities for small businesses.”

DOI Commissioner Margaret Garnett said: “This settlement rightly holds accountable a subcontractor that intentionally deceived the government and blatantly disregarded the regulations in place to ensure equal access by disadvantaged-owned businesses. Developing a fair and equal environment is how we do business in New York City and that is why contractors must follow the laws advancing participation by minority- and women-owned businesses. DOI thanks the U.S. Attorney’s Office for the Southern District of New York and the rest of our law enforcement partners on this matter for this successful result.”

MTA Inspector General Carolyn Pokorny said: “It is outrageous and against the law to use a minority- or women-owned business as a front to swindle precious taxpayer dollars from the Disadvantaged Business Enterprise program, which is meant to ensure an equal playing field for DBEs.  This scheme was an affront to taxpayers, MTA riders, and the many honest DBEs that legitimately qualify for the federal program that these companies defrauded.  I am proud to stand with our law enforcement partners to protect the integrity of this vital program.”

As alleged in the amended complaint filed in Manhattan federal court in August 2019, SPECTRUM performed steel painting work on two federally funded projects to renovate the Brooklyn Bridge and Queens Plaza.  Contracts for both projects required codefendant Ahern Painting Contractors Co. (“Ahern”) to hire DBEs to perform a percentage of the work and to adhere to the DBE regulations.  SPECTRUM was not a certified DBE, so SPECTRUM and Tower used Tower’s status as a DBE to take credit for work that was performed, managed, and supervised by SPECTRUM.  Further, to conceal this scheme, SPECTRUM employees represented themselves as Tower employees in project documents.  The case against Ahern was resolved in a settlement approved by Judge Torres in October 2019, and the case against Tower is ongoing. 

As part of the settlement, SPECTRUM admits, acknowledges, and accepts responsibility for the following conduct alleged in the amended complaint:

• In or about March 2010, a manager at Spectrum (the “Spectrum Manager”) and a principal at Tower agreed that the two firms would work together on the Brooklyn Bridge Project.  Pursuant to that agreement, the Spectrum Manager conducted a walk-through of the Brooklyn Bridge worksite with the Tower principal and an Ahern superintendent for the Brooklyn Bridge Project.  The Spectrum Manager understood the he participated in the walk-through to assist Tower in preparing the bid Tower later submitted to Ahern for its anticipated work as a DBE subcontractor for the Brooklyn Bridge project.
   
• In May and June 2011, SPECTRUM and Tower memorialized two “consulting agreements” for work on the Brooklyn Bridge and the Queens Plaza Projects.  Pursuant to those agreements, SPECTRUM and Tower agreed that SPECTRUM would “perform certain consulting services,” including “providing project management support,” and would furnish equipment to Tower for the two projects.  The agreements further provided that SPECTRUM would receive 50% of all profits from the Tower DBE work on the projects. 
   
• The key terms of the consulting agreements between Tower and SPECTRUM – including Tower’s agreement to pay SPECTRUM 50 percent of all of its profits from the two projects, or SPECTRUM’s agreement to furnish equipment to Tower for the projects – were not disclosed to Ahern, NYC-DOT, or MTA. 
   
• Throughout the Brooklyn Bridge and Queens Plaza Projects, the SPECTRUM Manager managed and supervised the DBE work that Tower was retained to perform on each project, such as setting the work schedule, ordering materials for the work, hiring the foreman, inspecting the work performed, and coordinating payment for the work. 
   
• The SPECTRUM Manager also hired other supervisors on the Brooklyn Bridge and Queens Plaza Projects.  For example, the SPECTRUM Manager hired the superintendent for the DBE work assigned to Tower for the Brooklyn Bridge Project and the Queens Plaza Project (the “SPECTRUM Superintendent”).  The SPECTRUM Manager also hired an individual to oversee health and safety issues related to the DBE work on the two projects (the “SPECTRUM Safety Supervisor”).  Both the SPECTRUM Superintendent and the SPECTRUM Safety Supervisor were paid by SPECTRUM and not by Tower. 

• The SPECTRUM Manager, SPECTRUM Superintendent, and SPECTRUM Safety Supervisor were all SPECTRUM employees.  On the Brooklyn Bridge and Queens Plaza Projects, they identified themselves to others working on the projects as Tower employees, including by wearing Tower vests and security identification.  In documents submitted to Ahern to obtain security clearances, the SPECTRUM Manager identified himself as a “Tower VP” or as a Tower employee. 
   

Ms. Strauss praised the outstanding investigative work of the USDOT-OIG, DOI, and MTA-OIG.