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Thursday, May 12, 2022
Dinowitz Digest: NY Health Act, Voluntary Intoxication, Test Kit Giveaway, & More
Cryptocurrency Trader Sentenced To 42 Months
Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant JEREMY SPENCE, a/k/a “Coin Signals,” was sentenced to 42 months in prison for defrauding more than 170 victims in connection with various cryptocurrency funds that he operated. SPENCE previously pled guilty before U.S. District Judge Lewis A. Kaplan, who imposed today’s sentence.
According to the allegations contained in the Indictment and the Complaint, court filings, and statements made in court:
From November 2017 through April 2019, SPENCE solicited investors in various cryptocurrency investment pools that SPENCE had created and managed (the “Funds”). SPENCE solicited investments for several Funds, the largest and most active of which were the Coin Signals Bitmex Fund, a/k/a the “CS Mex Fund,” the Coin Signals Alternative Fund, a/k/a the “CS Alt Fund,” and the Coin Signals Long Term Fund. Investors who wanted to participate in a Fund would transfer cryptocurrency, such as Bitcoin and Ethereum, to SPENCE in order for SPENCE to invest it.
SPENCE solicited more than $5 million through false representations, including that SPENCE’s crypto trading had been extremely profitable when, in fact, SPENCE’s trading had been consistently unprofitable. For example, on January 28, 2018, SPENCE posted a message in an online chat group falsely claiming that his trading of investor funds over the past month had generated a return of more than 148%. As a result of this misrepresentation, investors transferred additional funds to SPENCE. In fact, over that same period of approximately one month, SPENCE’s trading resulted in net losses in the accounts in which he traded investor funds.
To forestall redemptions by investors, and to continue to raise money from investors to fund his scheme, SPENCE generated fictitious account balances, which he made available to investors online. Instead of accurately reporting the trading losses SPENCE was incurring, the account balances falsely indicated to investors that they were making money by investing with SPENCE. To hide his trading losses, SPENCE used new investor funds to pay back other investors in a Ponzi-like fashion. In total, SPENCE distributed cryptocurrency worth approximately $2 million to investors substantially from funds previously deposited by other investors.
In addition to his prison term, SPENCE, 25, of Bristol, Rhode Island, was sentenced to three years of supervised released and restitution in the amount of $2,847,743.00.
Mr. Williams praised the investigative work of the Federal Bureau of Investigation and thanked the Commodity Futures Trading Commission, which brought a separate civil action.
Statement from Governor Kathy Hochul on One Million American Lives Lost to COVID-19
"Today, our country marks an unthinkable milestone - one million lives lost due to COVID-19. These were mothers, fathers, children, siblings, friends and neighbors, and I don't want any more New Yorkers to go through the pain of losing a loved one to this awful virus.
"Thankfully, we have the tools to fight COVID-19 and save lives. Vaccines and boosters are effective and provide the highest level of protection. More than 3 in 4 of all New Yorkers are fully vaccinated, and over half of all eligible New Yorkers have received a booster dose -- but that still isn't enough.
"I encourage every New Yorker ages 5 and over to get vaccinated, and every New Yorker ages 12 and older to also get their booster doses if eligible. I know first-hand how tests can help stop the spread to our vulnerable loved ones, so be sure to get tested, and if you test positive, ask your doctor immediately about getting treatment.
"These tools have made the difference, which is why it's critical that Congress pass additional federal funding to ensure that we are prepared to respond to COVID-19 in the future.
"As we mark today's tragic milestone, let's remain vigilant against this virus and continue to look out for each other so we can move safely forward through this pandemic."
EDITOR'S NOTE:
If we have all the tools and vaccines how then did you Governor Kathy Hochul catch COVID when you were vaccinated?
MAYOR ADAMS, CHANCELLOR BANKS ANNOUNCE COMPREHENSIVE APPROACH TO SUPPORTING STUDENTS WITH DYSLEXIA
First-Ever Investment to Support and Screen Dyslexic Students in New York City History
Announcement Comes on Heels of News That NYC Will Host World Dyslexia Assembly in Spring 2023
New York City Mayor Eric Adams and New York City Department of Education (DOE) Chancellor David C. Banks today announced the largest, most comprehensive approach to supporting public school students with dyslexia in the United States. For the first time, all New York City public school students will be assessed for being at risk of dyslexia, be supported in their neighborhood school, and receive specialized instruction through the development of special programs and academies.
“As a student, I struggled with identifying my dyslexia until long after leaving the public school system. Today, we are announcing the most comprehensive approach to supporting dyslexic students in New York City to prevent students from experiencing that disadvantage,” said Mayor Adams. “By changing the way we approach dyslexia, we can unlock the untapped potential in students who may feel insecure about their dyslexia or any other language-based learning disabilities they may have.”
“Early screening ensures that every child who needs support will get the help and resources they need,” said Chancellor Banks. “These screeners are emblematic of this administration’s commitment to uplifting all of our students and making sure they are well equipped to succeed.”
“Every student deserves the resources and support needed to thrive in our schools,” said Deputy Mayor for Strategic Initiatives Sheena Wright. “Today’s announcement on Dyslexia Awareness Day brings us one step closer to living up to that promise. From universal screenings to first-of-its-kind pilots, New York City is leading the way in building a more equitable school system and committing to a comprehensive investment in dyslexic students.”
Beginning in fall 2022, the DOE will pilot two first-of-their-kind programs within New York City public schools, where 80 elementary schools and 80 middle schools across the city will receive targeted support and training to screen and identify students at risk for dyslexia and provide targeted interventions. Every student will participate in short, adaptive literacy screeners as part of the pilot at these schools.
All schools will be supported by district-based Academic Intervention Support coordinators on how to adjust core instruction and provide intervention when screeners, and other evidence of student work, indicate that students are not making adequate progress.
By offering accessible screening across the city, Mayor Adams and Chancellor Banks are breaking down a major barrier that has faced working families for many years. For the first time, every child from every zip code will have this important opportunity afforded to them, free of charge. Identifying student needs at an early age while breaking down cost barriers is a win for students, working families, and school communities across the city.
In addition, Literacy Academy Collective in P.S. 161 in the Bronx and Lab School for Family Literacy in P.S. 125 in Manhattan will both offer specialized programs for students with dyslexia and other language-based learning disabilities. The DOE will immediately move to build programs at additional schools with the goal of having at least one school offering specialized instruction in each borough by fall 2023.
Teachers are the city’s most valuable partners in reimagining literacy instruction in schools. By April 2023, all teachers in kindergarten through 12th grade will participate in Made by Dyslexia’s two-hour introductory training. Teachers across the city will have opportunities to participate in training for evidence-based reading programs grounded in explicit phonics techniques, including Wilson and Orton-Gillingham. Teachers will receive additional job-embedded literacy support from trained literacy coaches across all grade levels in targeted schools. As previously announced, over the course of the next year, the DOE will require teachers in grades K-2 to have a phonics-based, proven foundational literacy curriculum.
Keeping Chancellor Banks’ promise, the DOE Central Literacy Team convened a Literacy Advisory Council of local community members, experts in literacy, public school staff, students, and parents to help guide the rollout of this and future literacy initiatives. Additionally, the DOE is launching a Dyslexia Task Force that will develop a policy paper on the New York City public schools’ vision and approach to supporting students at risk of and/or living with dyslexia inclusive of multilingual learners and students from communities of dense dialect. The DOE looks to have this done by August 2022.
This announcement is coming on the heels of the World Dyslexia Assembly that took place last week in Stockholm, Sweden. New York City will host the next assembly in spring 2023 as a sign of the city’s commitment to supporting dyslexic students citywide. Further details will be shared at a later date.
“This ambitious pilot program will ultimately allow students with dyslexia to be supported and gain more equal footing with their peers and in turn pave the way towards a more equitable education system,” said New York City Comptroller Brad Lander. “Identifying needs early and providing resources to educators will ensure that schools can provide the targeted support needed to help all students achieve their full academic potential.”
Wednesday, May 11, 2022
CONSUMER ALERT: Attorney General James Warns Against Price Gouging of Baby Formula
AG James Advises Parents to Speak to Doctor if Short on Formula, Encourages New Yorkers to Donate Excess Formula to Local Food Pantries
With increased shortages of baby formula due to recalls and supply chain disruptions, New York Attorney General Letitia James today warned retailers that price gouging is illegal. The Office of the Attorney General (OAG) is aware of reports of baby formula being sold online for prices far exceeding its retail value. Attorney General James urges New Yorkers to be on alert for potential price gouging of baby formula and to report any dramatic price increases to her office. In addition, Attorney General James encourages parents having difficulty finding formula to speak with their child’s doctor before attempting to water down formula or make their own, both of which can be potentially dangerous to a child. Attorney General James asks that anyone with extra unopened, unexpired formula consider donating it to their local food pantry.
“The national baby formula shortage is terrifying for parents concerned about how to feed their children,” said Attorney General James. “The last thing any family needs is to be price gouged on critical nutrition for their little ones, which is why I am putting profiteers seeking to take advantage of this crisis on notice. If New Yorkers see exorbitant price increases for baby formula, I encourage them to report it to my office immediately. Anyone who seeks to take advantage of this crisis is on notice. I also urge any parent who is struggling to find formula to speak with their child’s doctor before altering or using formula other than directed. If New Yorkers have excess unopened, unexpired formula, please consider donating it to your local food pantry to help families in need.”
New York law prohibits merchants from taking unfair advantage of consumers by selling goods or services that are vital to their health, safety, or welfare for an unconscionably excessive price. Due to the nationwide shortage, OAG advises consumers to buy only as much formula as they need and not to unnecessarily stock up as such panic buying may intensify the shortage and could encourage sellers to engage in illegal price gouging. The OAG also reminds consumers that it is not price gouging for retailers to limit the amount of formula they sell to individual consumers.
When reporting price gouging to OAG, consumers should:
- Report the specific increased prices, the dates, and places that they saw the increased prices, and the types of formula being sold; and,
- Provide copies of their sales receipts and photos of the advertised prices, if available.
New Yorkers should report potential concerns about price gouging to OAG by filing a complaint online or call 800-771-7755.