Thursday, January 13, 2022

NYS Office of the Comptroller DiNAPOLI RELEASES BOND CALENDAR FOR FIRST QUARTER

 

Tentative Schedule Includes $6.9 Billion of New Money and Refunding Debt Sales

 New York State Comptroller Thomas P. DiNapoli today announced a tentative schedule for the planned bond sales for New York state, New York City and their major public authorities during the first quarter of 2022.

The planned sales of $6.91 billion include $6.28 billion of new money and $630 million of refundings and reofferings as follows:

  • $2.33 billion scheduled for January, $2.15 billion of which is for new money purposes and $179 million of which is for refunding or reoffering purposes; and
  • $1.61 billion scheduled for February, $1.15 billion of which is for new money purposes and $451 million of which is for refunding purposes; and
  • $2.97 billion scheduled for March, all of which is for new money purposes.

The anticipated sales in the first quarter compare to past planned sales of $5.05 billion during the fourth quarter of 2021, and $6.92 billion during the first quarter of 2021.

The State Comptroller’s Office chairs the Securities Coordinating Committee, which was created by Gubernatorial Executive Order primarily to coordinate the borrowing activities of the state, New York City, and their respective public authorities. All borrowings are scheduled at the request of the issuer and done pursuant to their borrowing programs.

A new schedule is released every quarter and updated as necessary. The schedule is released by the committee to assist participants in the municipal bond market. It is contingent upon execution of all project approvals required by law. The collection and release of this information by the Office of the State Comptroller is not intended as an endorsement of the proposed issuances it contains, many of which will be subject to approval by the Office of the State Comptroller.

The prospective first quarter calendar includes anticipated bond sales by the following issuers: the Dormitory Authority of the State of New York, the Metropolitan Transportation Authority, the New York City Municipal Water Finance Authority, the New York City Transitional Finance Authority, the New York Liberty Development Corporation, the New York State Housing Finance Agency, the New York Transportation Development Corporation, and the Triborough Bridge and Tunnel Authority.

Calendar:

Securities Coordinating Committee (SCC) Forward Issuance Bond Calendar

CONSUMER ALERT: NYS DIVISION OF CONSUMER PROTECTION WARNS NEW YORKERS OF CARBON MONOXIDE AND FIRE HAZARDS DURING EXTREME COLD WEATHER

 

 DCP Offers Tips to Help New Yorkers Stay Safe and Warm

 The New York State Division of Consumer Protection today issued a consumer alert about the dangers of carbon monoxide and fire hazards in extreme cold weather. The winter months pose the most risk for these hazards—as the temperatures drop, consumers may turn to dangerous heating alternatives to stay warm. Propane heaters, generators, space heaters and/or outdoor grills all pose lethal risks of carbon monoxide poisoning and fire hazards when used improperly.

“We are in the height of the winter months with shorter daylight hours and extreme cold weather. To help fight the extreme cold weather, many people seek additional ways to keep warm and these heating methods can often be dangerous," said Acting Secretary of State Robert J. Rodriguez. “There are basic tips New Yorkers can follow to help stay warm and most importantly, safe throughout the winter months.”

Carbon monoxide (CO) is a colorless and odorless, but deadly poisonous gas. It is produced by the incomplete burning of various fuels, including coal, wood, charcoal, oil, kerosene, propane, and natural gas. Products and equipment powered by internal combustion engines such as portable generators, snow blowers and cars produce the gas. CO from these sources can build up in enclosed or partially enclosed spaces. People and animals unknowingly breathing in CO can be poisoned, resulting in significant health risks, including death.

When temperatures plummet, home heating systems run for hours and the potential for CO poisoning increases. In severe weather, using alternative sources of power can also cause CO to build up in the home. According to the Center for Disease Control, every year at least 430 people die from accidental CO poisoning across the United States, and 50,000 people seek emergency accidental CO poisoning treatment at hospitals.

Colder temperatures also increase the risk of fire hazards. Portable space heaters used incorrectly can start a fire. Having space heaters plugged in along with too many electronics can overload extension cords, causing them to ignite.

The New York State Division of Consumer Protection offers the following tips to keep families safe and warm this winter:

Home Carbon Monoxide Poisoning Prevention Tips:

  • Install carbon monoxide alarms. There should be a carbon monoxide alarm on every floor of a home. Such alarms are required on every floor of new home construction.
  • Inspect all fuel-burning equipment every year. Have a trained service technician inspect your home heating systems. Make sure that all gas heaters are properly vented to the outside.
  • Use generators safely. Do not use a gas or electric generator in a home, garage, basement or any enclosed space. Plug in appliances to the generator using only individual heavy-duty, outdoor-rated electrical cords. When used, gas generators should be located at least 20 feet from any window, door or vent -- preferably in a space where rain and snow does not reach them.
  • Grills are for outdoor use only. Do not use a gas or charcoal grill indoors or inside a garage, as they release deadly fumes.
  • Avoid build-up of carbon monoxide fumes. Open the fireplace damper before lighting a fire and keep it open until the ashes are cool. Never use a gas range or oven to warm up a home. Never leave a vehicle running while parked in a garage attached to a home, even if the windows are open. Have vehicles’ mufflers and tailpipes checked on a regular basis to prevent accidental CO build-up.

If one suspects carbon monoxide poisoning, they should get to fresh air immediately and then call 911.

Winter Home Heating & Fire Safety Tips:

  • Safely operate fireplaces, wood stoves and other combustion heaters. Use fireplaces, wood stoves, or other combustion heaters only if they are properly vented to the outside and do not leak flue gas into the indoor air space. If planning to use a wood stove, fireplace, or space heater, follow the manufacturer’s instructions. Do not burn paper in a fireplace.
  • Keep your home properly ventilated. Ensure adequate ventilation if using a kerosene heater. Also, use only the specific type of fuel a heater is designed to use—don’t substitute with another source.
  • Keep space heaters away, stable, and uncovered. Space heaters should be kept at least three feet away from beds, clothes, curtains, and other flammable materials. Never cover a space heater or place on top of furniture or near water. Space heaters should not be left unattended when used near children. If a space heater has a damaged electrical cord or produces sparks, stop use immediately.
  • Check your extension cords. Extension cords should not be overloaded or run where they can become a tripping hazard. Never run extension cords under carpets or rugs. Avoid using extension cords with a space heater.
  • Prepare for emergencies. Keep a multipurpose, dry-chemical fire extinguisher near the area to be heated. Regularly review fire safety plans with your family, especially with homes with young children, older adults, and persons with disabilities. Make sure there is a working smoke alarm on every level and outside of sleeping areas, and that the batteries in the alarm are functional. If there is a power failure at home, use battery-powered flashlights or lanterns instead of candles, if possible. Never leave lit candles unattended.

Additional resources are offered through the NYS Office of Fire Prevention and Control’s Carbon Monoxide Virtual Toolbox and the through the NYS Department of Health Cold Weather Tips page.

About the New York State Division of Consumer Protection

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. Consumers can file a complaint with the Division of Consumer Protection at https://dos.ny.gov/consumer-protection.

For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm or visit the DCP website at https://dos.ny.gov/consumer-protection. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.

United States Sues Renovation Firms And Their Principals For Violating Lead-Based Paint Safety Regulations


 Damian Williams, the United States Attorney for the Southern District of New York, and Lisa Garcia, Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against CISNE NY Construction, Inc., CISNE JE Construction, Inc., CISNE Contracting, Inc., and their principals Jose Pancha and Edison Ruilova (together, the “CISNE Defendants”), alleging that the CISNE Defendants repeatedly violated the federal Toxic Substances Control Act (“TSCA”) and EPA’s Renovation, Repair, and Painting Rule (“RRP Rule”).  TSCA and the RRP Rule impose safety requirements to minimize the risk that young children, tenants, and renovation workers are exposed to toxic lead paint dust during renovations of residential buildings.

Exposure to lead paint dust is the most common cause of lead poisoning.  Lead poisoning—particularly in children—can lead to severe, irreversible health problems.  Lead exposure can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems. 

U.S. Attorney Damian Williams said: “As alleged, the CISNE Defendants repeatedly violated rules designed to protect children and others from lead poisoning during renovations of residential buildings.  Their actions threatened the most vulnerable with severe lifelong injury.  This Office will vigorously enforce the laws designed to protect the health of children against violators who disregard the public health and put children at risk.”

EPA Regional Administrator Garcia stated: “EPA recognizes that all people deserve protection from the hazards of lead-based paint, especially our most vulnerable communities. This case involves allegations of multiple violations in hundreds of NYC apartments. Reducing childhood lead exposure and addressing associated health impacts are one of EPA’s top priorities and we are committed to the robust enforcement of standards that are intended to protect individuals and families.”

The Complaint filed today in Manhattan federal court alleges that the CISNE Defendants repeatedly failed to use legally required safety precautions when renovating apartments that are presumed by law to contain lead paint because they were built prior to 1978.  EPA and New York City Department of Health and Mental Hygiene inspectors observed that the CISNE Defendants failed to contain debris and dust during their work, creating exposure hazards.  Construction dust was found not just in the units being worked on, but also in the public hallways accessible to other building residents.  Testing demonstrated that dust exceeded both local and federal safety standards.  The CISNE Defendants also failed to post warning signs at these jobs or take other steps required by law to protect tenants and workers.  In all of this, the CISNE Defendants risked exposing tenants and workers to lead paint dust and violated TSCA and the RRP Rule.

The Complaint also alleges that for years, in violation of TSCA and the RRP Rule, the CISNE Defendants performed renovations in New York City apartment buildings without the training and certifications required to perform such work, and that they failed to provide EPA with legally mandated records that would allow EPA to audit their work.   

The Complaint filed by the United States seeks an injunction barring the CISNE Defendants from performing further work governed by the TSCA and the RRP Rule without complying with mandated safety requirements. The Complaint also seeks an order requiring the CISNE Defendants to mitigate the harms caused by their prior illegal renovation work.

Governor Hochul Announces Additional Support from Federal Government to Combat Omicron Surge in New York State

 Doctors and nurses in hospital

New Military Medical Teams Deploying to Two New York City Area Hospitals Beginning January 24 and January 28; Builds on Existing Support from U.S. Department of Health and Human Services and Department of Defense Providing Essential Staffing Relief to Western and Central New York

30 Additional National Ambulance Contract Teams set to Deploy by January 17 for Support in Upstate Regions; 80 Teams Already Dispatched Throughout the State to Assist Patient Transports and 911 Response

Governor Thanks President Biden, DOD, FEMA and HHS for Providing Additional Resources to Alleviate Overburdened Emergency Service Providers During Winter Surge


 Governor Kathy Hochul today announced additional resources from the federal government will arrive in New York State as early as next Monday, providing relief to hospitals and emergency services through patient load balancing and responding to 911 calls during the COVID-19 winter surge. Two U.S. Department of Defense Military Medical Teams (MMT) will support NYC Health & Hospital Facilities beginning Monday, January 24, at Coney Island and a second on Friday, January 28, at North Central Bronx. These teams are estimated to have more than 20 members, including physicians, nurses, respiratory technicians and command staff. They will assist in offsetting patient capacity and be mobilized for approximately 30 days. In addition to the MMT's, Governor Hochul also announced another 30 National Ambulance Contract Teams will be arriving in upstate regions beginning Sunday, January 16, to provide backfill for local emergency services and hospital transports.

"I want to thank President Biden for honoring our request, and deploying much-needed medical teams to New York State to help us fight the winter surge," Governor Hochul said. "These critical resources will build on our ongoing winter surge plan efforts to assist our overstressed hospitals so they can maintain patient care, and relieve some of our exhausted medical staff and emergency responders."

The resources announced today build upon existing assets from the federal government already deployed in New York State, including two deployed Disaster Medical Assistance and Military Medical Teams, one at Erie County Medical Center and one at SUNY Upstate in Syracuse, as well as 80 ambulance teams supporting downstate and upstate regions.

Governor Hochul also announced today, the U.S. Department of Health and Human Services will be deploying a second DMAT to continue to assist SUNY Upstate with patient load balancing and 911 calls. 19 emergency medical professionals have arrived from Texas and will take over the mission from the current DMAT, based out of Oklahoma, on January 15. The new team will be on site until January 26, with the mission of easing overburdened emergency medical service providers.

Division of Homeland Security and Emergency Services Acting Commissioner Jackie Bray said, "These critical resources deployed by our federal partners are much appreciated and necessary as we work to combat the surge in hospitalizations across the state. We're all in this fight together and I'm thankful for the additional support our emergency service providers are receiving. The Division will continue to provide state resources to local governments to help all New Yorkers as we have throughout the pandemic."

Department of Health Acting Commissioner Dr. Mary T. Bassett said, "Our healthcare providers and emergency services personnel are working around the clock to get us safely through the Omicron winter surge and we are grateful for the support from the federal government to help alleviate some of the stress on our vital healthcare workforce. We welcome this newest team of professionals to New York and thank them for their service."

Governor Hochul is renewing her call for additional medical staff support in upstate regions, particularly in the Finger Lakes. There is an existing request into the federal government for more than 900 clinical staff to mobilize strike teams across the state. So far, approximately 60 personnel from the DMAT teams are in New York, assisting at ECMC and SUNY Upstate.

MAYOR ADAMS CALLS FOR ADDITIONAL EMERGENCY FEDERAL AID FOR EMERGENCY RENTAL ASSISTANCE PROGRAM

 

New York has not received its fair share for the program – the state has gotten over $2.6 billion, but more than 500,000 New York families still need help while dollars from the $45 billion pot sit unused

 

The City will be surging resources to its tenant helpline, and the Right to Counsel program is prepared to provide free legal assistance to any eligible New Yorker facing eviction proceedings

 

With expanded outreach efforts and new video, Mayor Adams encourages tenants to know their rights about eviction


 Mayor Eric Adams today called for an immediate infusion of funds for New York’s Emergency Rental Assistance Program from the United States Treasury Department. He also announced new measures to bolster tenant protections and inform tenants of their rights with significant outreach efforts.

 

“The federal government has the resources, and now it is time for them to take action with an immediate infusion of funds for the Emergency Rental Assistance Program,” said Mayor Eric Adams. “New York has gotten the very short end of the stick, and I am joining Senator Schumer and Governor Hochul in demanding that change. In addition, I am encouraging everyone to take advantage of all the resources available to you, know your rights, and protect yourself against eviction.”

 

“The Covid-19 pandemic created a housing crisis leaving thousands of New Yorkers concerned about being evicted from their homes. With the state-wide eviction moratorium set to end this Saturday, we are making a push to improve access to free tenant support for all New Yorkers, regardless of lease or immigration status,” said Sheena Wright, Deputy Mayor for Strategic Initiatives. “Our Public Engagement Unit will fulfill the Mayor's promise of improving access to services and support by meeting tenants at their doors, on their phones, and in their communities to connect them to critical City services and help those facing eviction get access to free legal support.”

 

Mayor Adams outlined the following steps to support tenants:

 

  • Mayor Adams urged the Treasury Department to reallocate unused Emergency Rental Assistance Program (ERAP) funds from other states to New York, where hundreds of thousands still need help, and get the funds out the door.

 

  • The City will be surging resources to the Mayor’s Public Engagement Unit’s (PEU) Tenant Helpline, which is staffed by the PEU Tenant Support Unit. New Yorkers can access the helpline by calling 311 and asking for the Tenant Helpline.

 

  • The City’s Right to Counsel program is prepared to provide free legal assistance to any eligible New Yorker, no matter what neighborhood they live in. The program has a proven track record of providing quality legal representation to New Yorkers who need it and boosting their success rate in Housing Court. See the Right to Counsel and Illegal Lockouts webpage for more resources.

 

  • Mayor Adams launched a campaign to inform tenants of their rights, connect them to resources, and prepare frontline staff to provide the necessary support, including with a new video released today.

 

  • In the Mayor’s Office to Protect Tenants (MOPT) COVID-19 Fact-Sheet, tenants can now find all the information they need about the expiration of the evictions moratorium, ERAP, Right to Counsel, illegal lockouts, and City resources available to keep them stably housed. Tenants can also use the City’s Tenant Resource Portal to learn more about the process of eviction in New York City, what to do when getting a Notice of Eviction, and how to access the City’s resources to fight it.

 

  • PEU will be conducting direct outreach to tenants at risk of eviction to inform them of their rights and connect them to support. In order to meet New Yorkers where they are, and ensure every tenant has access to free legal counsel, PEU will run targeted outreach by phone, text, and door-to-door canvasing to tenants who are currently in Housing Court or have a pending case.

 

  • In partnership with PEU, MOPT, the Department of Housing and Preservation Development (HPD), and the Human Resources Administration’s (HRA) Office of Civil Justice (and legal providers), the City is also launching a paid media campaign to help get the word out about illegal lockouts and the right to counsel, and to encourage tenants who are in need of assistance to contact PEU’s Tenant Helpline.

 

New York State received over $2.6 billion in emergency rental assistance. But more than 500,000 New York families still need help, including more than 50,000 New York City Housing Authority (NYHCA) households, while some of the $45 billion in federal emergency rental assistance remains unspent.

 

“Throughout the pandemic, our dedicated staff at DSS-HRA and our not-for-profit legal provider partners have done invaluable work connecting New Yorkers experiencing housing instability to the resources and services needed to stay in their homes. As we approach the looming expiration of the region’s eviction moratorium, this Administration stands ready to support any New Yorker who is facing eviction or behind on their rent, including through our City’s first-in-the-nation Right to Counsel program, which will help vulnerable New Yorkers fight unlawful evictions, keep their homes, and avoid homelessness altogether,” said Gary Jenkins, Commissioner of the Human Resources Administration (HRA).

 

“More than ever, it is critical that New Yorkers know their rights and can take advantage of the many City resources available to respond to the threat of eviction. Protecting tenants is a key tenet of HPD’s mission and we look forward to working with the Mayor’s Office to Protect Tenants, the Public Engagement Unit, and HRA’s Office of Civil Justice to help connect families to the support they need to stay stably housed,” said AnnMarie Santiago, Acting Commissioner of the Department of Housing Preservation and Development (HPD).

 

“We know that if you’re worried about losing your home, the last thing you should have to worry about is navigating a complicated City bureaucracy. That's why my team at the Mayor's Public Engagement Unit is proactively reaching out to tens of thousands of NYC tenants to make sure they know about their rights and have access to resources that help them stay in their homes,” said Adrienne Lever, Executive Director of the Mayor's Public Engagement Unit (PEU).

 

Wednesday, January 12, 2022

BRONX MAN SENTENCED TO 17 YEARS IN PRISON FOR FATALLY SHOOTING MAN IN FRONT OF HIS YOUNG SON IN GRAND CONCOURSE SUBWAY STATION

 

Defendant Pleaded Guilty to First-Degree Manslaughter

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 17 years in prison after pleading guilty to first-degree Manslaughter for fatally shooting a man in a subway station in 2019. 

 District Attorney Clark said, “The defendant got into an argument with a man inside a busy Bronx subway station and heartlessly shot him in front of the victim’s five-year-old son and multiple commuters. The child has been deeply traumatized since the incident. I send my condolences to the victim’s family, especially the young boy who saw his father die in such a cruel way.”

 District Attorney Clark said the defendant, Rafael Hollis, 31, last of 1264 Sheridan Avenue, was sentenced today to 17 years in prison and five years of post-release supervision by Bronx Supreme Court Justice Steven Barrett. The defendant pleaded guilty to first-degree Manslaughter on December 9, 2021, before Bronx Supreme Court Justice John Carter.

 According to the investigation, on October 4, 2019 at 6:30 p.m., at a subway station located at 167th Street and Grand Concourse, the victim, James Cubille, 24, met with his ex-girlfriend to pick up his son. The defendant, who was in a relationship with Cubille’s ex-girlfriend, showed up and argued with the victim. Hollis took out a gun and shot Cubille in the torso in front of the victim’s son, ex-girlfriend and multiple commuters. The victim was declared dead on arrival at Lincoln Medical Center. The defendant fled the scene and turned himself in two days later.

 District Attorney Clark thanked retired NYPD Detective Matthew Crawley of the 44th Precinct and retired NYPD Detective Christine Reyes of the Bronx Homicide Squad for their assistance in the investigation.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 12, 2022

 Clinical specimen testing for Novel Coronavirus (COVID-19) at Wadsworth Laboratory

97,135 Vaccine Doses Administered Over Last 24 Hours

166 COVID-19 Deaths Statewide Yesterday


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

"The slowdown in new cases gives us a glimmer of hope, but cases still remain high and we are nowhere near the end of the winter surge," Governor Hochul said.  "Let's not undo all of the hard work we've put in to get to this point.  Please make sure to get your second dose and booster shot. Parents and guardians, the best way to protect our children is to get them vaccinated and boosted, once they're eligible. And let's continue to use the tools we know will help stop the spread: Wear a non-cloth mask and stay home if you're feeling sick."

Today's data is summarized briefly below: 

  • Test Results Reported – 338,280
  • Total Positive – 58,770
  • Percent Positive – 17.37%
  • 7-Day Average Percent Positive - 20.22%
  • Patient Hospitalization - 12,671 (+131)
  • Patients Newly Admitted – 2,007
  • Patients in ICU - 1593 (-4)
  • Patients in ICU with Intubation - 830 (-1)
  • Total Discharges - 247,354 (+1,687)
  • New deaths reported by healthcare facilities through HERDS - 166
  • Total deaths reported by healthcare facilities through HERDS - 49,955

    The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only. 
  • Total deaths reported to and compiled by the CDC - 62,698

    This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings. 
  • Total vaccine doses administered - 34,611,241
  • Total vaccine doses administered over past 24 hours – 97,135
  • Total vaccine doses administered over past 7 days – 636,628
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 89.9%   
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 81.0% 
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 83.4%
  • Percent of all New Yorkers with at least one vaccine dose - 78.9%
  • Percent of all New Yorkers with completed vaccine series - 70.5% 
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 85.6% 
  • Percent of all New Yorkers with completed vaccine series (CDC) - 72.6%

Police Impersonators And Bronx Drug Dealer Charged With Narcotics And Firearm Offenses

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Keechant Sewell, Commissioner of the New York City Police Department (“NYPD”), announced today that RASHIEM COUNCIL, PARIS FULTON, and TERRENCE MCKEE, were charged by Complaint for their participation in a drug trafficking conspiracy and their use of firearms in connection with that conspiracy.  A fourth defendant, MICHAEL GARCIA, was charged in the same Complaint with possessing with the intent to distribute cocaine.  The defendants were arrested yesterday, GARCIA was presented today in Manhattan federal court before United States Magistrate Judge Barbara Moses. COUNCIL will be presented later today, and FULTON and MCKEE will be presented tomorrow before Judge Moses.

U.S. Attorney Damian Williams said:  “As alleged, three of the defendants posed as law enforcement officers and brandished a firearm during a home invasion in which they took approximately three kilograms of cocaine and proceeds from narcotics dealing.  Such brazen and dangerous conduct will not be tolerated.  Thanks to the work of the NYPD and federal law enforcement, these defendants face significant federal charges for their alleged crimes.”

NYPD Commissioner Keechant Sewell said: “Today’s criminal complaint once again highlights the NYPD’s swift work to neutralize the most violent elements of an alleged narcotics enterprise. Our covenant with New Yorkers is to always answer their calls for help and to work with our partners to ensure justice and I commend the United States Attorney’s Office in the Southern District of New York for their work with our officers in this important case.”

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

On or about January 11, 2022, RASHIEM COUNCIL, PARIS FULTON, and TERRENCE MCKEE, dressed as and pretending to be law enforcement officers, forced their way into an apartment (the “Apartment”) in a building (the “Building”) in the Bronx, where MICHAEL GARCIA, his partner, and their two minor children lived.  COUNCIL, FULTON, and MCKEE were armed.  They handcuffed GARCIA and held him at gun point, while GARCIA’s partner and their two minor children were in the Apartment.  COUNCIL, FULTON, and MCKEE, demanded to know where GARCIA kept his drugs and drug money in the Apartment, and GARCIA showed them.  COUNCIL, FULTON, and MCKEE stole approximately one hundred and sixty thousand dollars in narcotics proceeds and approximately three kilograms of cocaine from GARCIA.

After stealing the drugs and the money, COUNCIL, FULTON, and MCKEE escorted GARCIA, in handcuffs, out of the Apartment and into the building’s elevator.  By then, in response to another individual’s (“Witness-1”) 911 call about the home invasion, officers (the “Officers”) from the New York City Police Department had arrived at the Building, and had just entered the lobby when the elevator door opened.  COUNCIL, FULTON, MCKEE, and GARCIA, walked out of the elevator.  They tried to avoid the Officers and continued walking towards the front door.  The Officers asked COUNCIL, FULTON, and MCKEE what law enforcement unit they were with, and COUNCIL, FULTON, and MCKEE claimed that their sergeant was waiting for them outside.  As soon as they exited the Building, however, they—and GARCIA—began to run.  The Officers pursued them.  After a short pursuit, the Officers caught up to and apprehended COUNCIL, MCKEE, and GARCIA.  During that pursuit, one Officer saw one of the defendants throw a firearm into the street.  Immediately after the Officers apprehended COUNCIL and MCKEE, the Officers found two more firearms near the Building.  Shortly thereafter, the Officers found and arrested FULTON near his car, which he had parked outside the Building.  With FULTON’s consent, the Officers conducted a brief search of the car, where they found a fourth firearm inside a backpack in the car.   

RASHIEM COUNCIL, 31, PARIS FULTON, 29, and TERRENCE MCKEE, 33, all from Connecticut, are charged with one count of narcotics conspiracy, in violation of Title 21, United States Code, Section 846, and one count of brandishing firearms in connection with that narcotics conspiracy, in violation of Title 18, United States Code, Section 924(c).  The narcotics conspiracy charge carries a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison.  The firearms charge carries a maximum sentence of life and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other sentence imposed. 

MICHAEL GARCIA, 36, of the Bronx, New York, is charged with one count of possession with the intent to distribute 500 grams and more of cocaine, in violation of Title 21,  United States Code, Section 841(a)(1) and (b)(1)(B), which carries a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison.

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

Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York, the NYPD’s Bronx Violent Crimes Squad, and the Internal Affairs Bureau, Police Impersonation Unit.  Mr. Williams also praised the patrol officers from the 48th precinct for their outstanding policework in executing the arrests. 

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

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