First Olympic Anti-Doping Charges Filed In Manhattan Federal Court

 

Eric Lira Allegedly Distributed Multiple Performance Enhancing Drugs in an Effort to Corrupt the 2020 Tokyo Olympics

 Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of the first criminal charge under the Rodchenkov Anti-Doping Act, signed into law on December 4, 2020, which proscribes doping schemes at international sports competitions, including the Olympic Games. The Complaint unsealed today alleges that ERIC LIRA, a “naturopathic” therapist operating principally in the area of El Paso, Texas, obtained various performance enhancing drugs (“PEDs”) and distributed those PEDs to certain athletes in advance of, and for the purpose of cheating at, the 2020 Olympic Games held in Tokyo in the summer of 2021. LIRA was taken into federal custody today and is expected to be presented in the Western District of Texas today before U.S. Magistrate Judge Miguel A. Torres.  

U.S. Attorney Damian Williams said:  “At a moment that the Olympic Games offered a poignant reminder of international connections in the midst of a global pandemic that had separated communities and countries for over a year, and at a moment that the Games offered thousands of athletes validation after years of training, Eric Lira schemed to debase that moment by peddling illegal drugs. The promise of the Olympic Games is a global message of unification. Today, this Office sends a strong message to those who would taint the Games and seek to profit from that corruption.”

FBI Assistant Director Michael J. Driscoll said: “Performance enhancing substances deprive competitors of a level playing field.  We allege Mr. Lira knew he was breaking the rules when he communicated with Olympians through an encrypted messaging app to hide his illegal activity.  It's not winning if you take illegal substances - it's cheating, and Mr. Lira will now be forced to face the consequences of his alleged criminal actions.”

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

The charges in this Complaint arises from an investigation of a scheme to provide Olympic athletes with PEDs, including drugs widely banned throughout competitive sports such as  human growth hormone and the “blood building” drug erythropoietin, in advance of and for the purpose of corrupting the 2020 Olympic Games, which convened in Tokyo in the summer of 2021. LIRA, who claims to be a “kinesiologist and naturopathic” doctor operating principally in and around El Paso, Texas, obtained misbranded versions of these, and other, prescription drugs from sources in Central and South America, before bringing those drugs into the United States and distributing them to, among other, the two athletes referred to in the Complaint as “Athlete-1” and “Athlete-2.” Throughout the scheme, LIRA and Athlete-1 communicated via encrypted electronic communications discuss the sale, shipment, and use of LIRA’s illegal drugs, and specifically discussed the “testability” of those drugs by anti-doping authorities. For example, on or about June 13, 2021, Athlete-1 wrote to LIRA, “So I took 2000ui of the E [erythropoietin] yesterday, is it safe to take a test this morning?” LIRA replied, “Good day [Athlete-1] . . . . 2000 ui is a low dosage.” Athlete-1 replied further, “Remember I took it Wednesday and then yesterday again / I wasn’t sure so I didn’t take a test / I just let them go so it will be a missed test.”

LIRA and Athlete-1, in particular, explicitly acknowledged the effectiveness of the doping program achieved through the use of LIRA’s illegal drugs. On or about June 22, 2021, Athlete-1 wrote to LIRA, “Hola amigo / Eric my body feel so good / I just ran 10.63 in the 100m on Friday / with a 2.7 wind / I am sooooo happy / Ericccccccc / Whatever you did, is working so well.” Shortly thereafter, and in advance of Athlete-1’s arrival in Tokyo to compete in the 2020 Olympics, LIRA encouraged his client: “What you did . . . is going to help you for the upcoming events. You are doing your part and you will be ready to dominate” (ellipsis in original).

Notwithstanding the attempt to evade anti-doping tests, LIRA and Athlete-1 were discovered in their scheme. On or about July 19, 2021, Athlete-1underwent an out-of-competition blood collection for purposes of drug testing by the Athletics Integrity Unit, a body charged with ensuring fair competition and prevention of doping at the Tokyo Olympics, among other competitions. The results of that testing reflected Athlete-1’s use of human growth hormone. On or about July 30, 2021, Athlete-1 was provisionally suspended from Olympic competition, including in the women’s 100m semi-finals set to take place that same evening.

LIRA is the first defendant charged pursuant to the recently enacted Rodchenkov Act. On December 4, 2020, the Rodchenkov Act was signed into law, Pub. L. 116-206, and incorporated into Title 21 of the United States Code at sections 2401 through 2404. The Rodchenkov Act prohibits any person, other than an athlete, to knowingly carry into effect, attempt to carry into effect, or conspire with any other person to carry into effect a scheme in commerce to influence by use of a prohibited substance or prohibited method any major international sports competition. 21 U.S.C. § 2402.

ERIC LIRA, 41, of El Paso, Texas, is, in addition to the charge under the Rodchenkov Act, accused of conspiring with others to violate the drug misbranding and adulteration laws of the United States, in violation 18 U.S.C. § 371 and 21 U.S.C. §§ 331 & 333(a)(2). The maximum term of imprisonment under the Rodchenkov Act is 10 years, and the maximum term of imprisonment for conspiring to violate the misbranding laws is 5 years. These maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge assigned to each case.

Mr. Williams praised the outstanding investigative work of the FBI and the FBI’s Integrity in Sports and Gaming Initiative.  Mr. Williams also thanked the United States Anti-Doping Agency for their support of this investigation.

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

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

Albany Legislators Solely Responsible for Creating Fair and Representative Maps

 

Albany legislators voted down the Independent Redistricting Commission’s maps. Now, the maps head back to the commission, which has two weeks to reconfigure and resubmit plans for another shot at lawmakers’ approval. The Independent Redistricting Commission released two sets of draft maps after failing to reach bipartisan consensus earlier this month. The maps detail the districts for New York’s congressional and state legislative seats. With the Democrats holding a very narrow majority in the U.S. House of Representatives, these maps will have a national impact.  Murad Awawdeh, Executive Director of NYIC Action, issued the following statement: “We worked too hard to ensure immigrants were counted in the census to have our efforts undone by bureaucrats with a political agenda. Albany lawmakers must use all public input submitted to the Commission through the fall and hold a hearing for public comment after they finish drawing their maps and before they vote on them. Immigrants and communities across New York State deserve fair districts, and this is our one chance to get them this decade. Our State Legislature must deliver for New Yorkers and draw maps that are inclusive of all public input and protect minority voting rights and ensure fair representation for all.”    Background: NYIC Action is the lead facilitator of the Mapping Our Future campaign, a statewide coalition of 100+ grassroots organizations engaged in sustained and sophisticated political advocacy to protect immigrants and communities of colors’ power in the redistricting process.

Ocasio-Cortez PAC Releases Endorsement Questionnaire

 

FOR IMMEDIATE RELEASE January 12, 2022   Courage to Change PAC Releases Policy Pledge Questionnaire for Local, Federal & State Candidates  Today, the Courage to Change PAC released a national questionnaire for candidates running in state, local and federal races in 2022. Candidates who successfully complete the questionnaire will receive the ‘Courage to Change Policy Pledge Distinction,’ which is designed to help constituents identify candidates who are committed to social, racial and economic justice. As part of the questionnaire, candidates are asked to make a range of policy commitments - including rejecting all donations from corporate PACs; increasing funding for crisis response services; making public undergraduate programs free; ending exclusionary zoning; repealing the Faircloth and Hyde amendments; and limiting cooperation between local law enforcement and federal immigration authorities. The full questionnaire can be found here.  Multiple candidates in the same race can receive the ‘Courage to Change’ Policy Pledge Distinction. The distinction does not serve as an endorsement from Rep. Ocasio-Cortez, or the Courage to Change PAC. The Courage to Change Policy Pledge Distinction was used for the first time in 2021 in the New York City council races. Sixteen candidates who received the distinction won office - including Shahana Hanif, the first Muslim American woman elected to New York City Council.  The Courage to Change PAC was founded by Rep. Ocasio-Cortez with the goal of elevating candidates who display political courage — people who refuse to bow to establishment pressure, who advocate ferociously for working-class families, and who have lived the same struggles as the people they seek to represent. More information is available here. EDITOR'S NOTE: This information is being provided to all candidates who are running for office as described at the top of the page.  As stated it is not an endorsement of either Congresswoman Ocasio-Cortez, or the Courage for Change PAC itself. As stated there can be multiple candidates in the same race who receive this distinction. The link to the application is provided in the first link titled the full questionnaire can be found here, and to learn more about the Courage for Change PAC information is available at the link at the end of the last paragraph.  Candidates requiring more information should, email: lauren@ocasiocortez.com

HPD Reveals River Commons Affordable Housing Property In Concourse, The Bronx

 

Rendering of River Commons (Site A) - Photo courtesy of Bernheimer Architecture

The New York City Department of Housing Preservation and Development (HPD) has revealed the first of two new affordable housing properties in the southwest corner of The Bronx. Located in Concourse near the intersection of River Avenue and East 168th Street, Site A will eventually debut as River Commons and will comprise 278 affordable apartments.

Site A currently functions as a surface-level parking lot owned by the New York City Health and Hospitals Corporation, also known as H+H. Following a two-year request for proposal process, HPD has selected Type A Projects, L+M Development Partners, and BronxWorks as its development partners for the new building.

“The selected project for the River Avenue H+H site will transform a surface parking lot into affordable housing and community space for the Southwest Bronx, making good on our commitments to the community in the Jerome Avenue Neighborhood Plan,” said HPD commissioner Louise Carroll. “I’m thankful to Council Member Vanessa Gibson for her ongoing partnership and want to congratulate Type A, L+M, and BronxWorks for this dynamic, forward-looking proposal.

Designed by Bernheimer Architecture, the building is shown with a light-colored brick façade and a grid of punched windows with red accenting. The narrow northern elevation remains mostly blank and is shown covered in a large street art mural.

Site A’s mix of apartments will include 112 studios, 89 one-bedrooms, 63 two-bedrooms, and 14 three-bedroom units. The ground floor will house two separate community facilities and support services providers.

The first is The African Resource Center, a collaboration between the African Advisory Council and African Communities, and will provide educational programs, services, and community meeting space to the fast-growing and underserved African community in the project area. Today, the area is home to the highest concentration of African language speakers in New York.

The BronxWorks Empowerment Center will provide an extensive range of services for the community including health and nutrition education, fresh food access, after-school and summer camp programming, family support, eviction prevention, as well as job readiness, training, and employment services. BronxWorks will also provide support services for formerly homeless residents living at River Commons.

As part of the development agreement, L+M is expected to exit the ownership structure at year five, offering its initial ownership stake to BronxWorks for a nominal fee.

“BronxWorks is thrilled to partner with Type A Projects, a woman-led development team, as their development partner and supportive housing services provider at River Commons, which will offer much-needed affordable housing in the Bronx,” said Eileen Torres, executive director of BronxWorks. “We also look forward to expanding our work in the borough providing residents and the local community, which includes many immigrants, with after-school, job training, eviction prevention, and health and wellness services through our on-site Empowerment Center.”

Site B is located at 1640-1642 Anthony Avenue in the Claremont section of The Bronx. Designed by Robert A.M. Stern, the building will include 40 low-income homeownership opportunities reserved for low-income households. The eight-story structure will comprise 20 one-bedroom, 16 two-bedroom, and four three-bedroom apartments.

To complete Site B, HPD has partnered with Habitat NYC, Camber Property Group, and Almat Urban, and Interboro Community Land Trust (CLT).

Both development sites will be built on the Jerome Avenue Neighborhood Plan. Released in 2017, the plan aims to improve access to affordable housing opportunities in The Bronx and surrounding communities.

“Building on our Type A partnership from Bronx Point, L+M is proud to lend its financial support to this transformative project that not only advances our mission to support MWBEs by expanding Type A and BronxWorks’ portfolios, but will also bring much-needed affordable housing and tailored community resources to meet the needs of the neighborhood,” said Spencer Orkus, partner and managing director at L+M Development Partners. “We look forward to working with the project partners throughout the process to ensure River Commons is a safe, quality place to live and meets the goals of the Jerome Avenue rezoning.”

Thus far, the rezoning is bringing more than $189 million in capital projects and services to the Bronx neighborhood in new and improved parks and playgrounds, pedestrian safety improvements near the Cross Bronx Expressway, business assistance, and new schools.

Muslim Media Corporation - Update on the Bronx Fire Tragedy.

 

Greetings Family,

This is a quick update on the Bronx Fire Tragedy.

1. We are extremely grateful for all humanitarian assistance being rendered by individuals, groups and government agencies on behalf of the affected families. These services are not only helpful but are being delivered with religious and cultural sensitivity.

2. While we’re still waiting for the final makeup of the deceased and severely injured victims, we are nonetheless bracing for the worst that the overwhelming majority of them would be African immigrants.

3. To manage such devastating tragedy that befell on so many families, requires delicate, sensitive, competent, confidential and altruistic approach.

4. All communications, coordinations, collaborations, funeral, memorial and post burial leadership activities are taking place at Islamic Cultural Center of the Bronx l, located at 371 East 166 Street, Bronx, NY 10456.

5. Funeral and burial services are expected to draw the largest public and media presence in recent memory and we would therefore like volunteers for crowd control in addition to our law enforcement agencies.

6. If you are affected and in need of services confidentially, such as immigration, debt, sickness, etc., please reach out to me or Bakary Camara for guidance and confidential assistance. According to elected officials, you should be able to obtain the needed assistance.

7. We expect to announce the funeral prayers soon and expect our people to show up in large numbers. We really appreciate your cooperation during the most painful experience to those directly affected. As a result, everything we do must be exclusively for the benefits of victims and nothing else.

8. All the funds raised regardless of the groups and entities raising them would be given to the victims. We will hold fundraisers accountable and have designed the Bronx Borough President’s office to ascertain compliance of one hundred percent distribution at the end.

Thank you God bless you all!

Sheikh Musa Drammeh

The Bronx Fire Tragedy Coordinator

718-822-5555

Manhattan Borough President Levine - A busy start at the MBPO

 

I’ve now been on the job as your new Manhattan Borough President for about a week and half. What a busy time it's been. I have been focused intensely on the fight against NYC’s ongoing omicron wave. Thankfully it appears we are now plateauing, but the enormous number of New Yorkers still getting sick—and hospitalized—is continuing to disrupt our city in profound ways. That’s why last week I released a 16-point plan to battle omicron. I’m calling for vastly expanding the number of testing and vaccination sites; testing all DOE school students and staff on a weekly basis; extending mandates to redefine being fully vaccinated as having been boosted; and requiring vaccination and a negative test for domestic flights. You can read more about the plan below.  My office will be focused intently on working toward Manhattan’s comeback. In this spirit, this week I announced the creation of our Covid Response Task Force, which will bring together experts in health care, public health, and key industries critical to our economy to identify strategies in our battle against Covid and to lay the foundation for our borough’s recovery. I’m proud to announce that former Manhattan Deputy Borough President Aldrin R. Bonilla will helm the task force as the office’s “Covid Czar.” You can read more about the taskforce below. My team has already been hard at work bringing vital Covid resources to the communities in Manhattan that have been hit hardest. My Northern Manhattan office, at 431 W. 125th St., is now operating a free PCR testing site in partnership with SOMOS Community Care. The site is open Mondays–Fridays, 9 am – 2 pm, no appointment necessary. I am also thrilled that my office has been able to secure and distribute 9,000 at-home rapid tests to our community partners throughout Manhattan. Finally, we’ve begun the annual Manhattan Community Board application process. Community Boards are the ultimate grassroots form of local government, and I hope you’ll apply to represent your neighbors on critical issues like land use, municipal services, and City budget matters. Applications are due Tuesday, March 1. Learn more about how you can apply HERE.  You will find information on all that we have been up to in our first week and a half below.  Stay safe, Mark

Major Collection Of Cambodian And Southeast Asian Antiquities Is Subject Of Forfeiture Action Filed In Manhattan Federal Court

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Ricky J. Patel, the Acting Special Agent-in-Charge of the New York Field Office of the Department of Homeland Security (“HSI”), announced today the filing of a civil complaint seeking forfeiture of 35 Cambodian and Southeast Asian antiquities from a private American collection for the purpose of returning the antiquities to their countries of origin.  Antiquities dealer Douglas Latchford sold the collection to its present owner (the “Collector”) with false statements and fake provenance documents intended to hide the fact that the antiquities were the products of looting, and then imported the antiquities through lies on customs paperwork. The Collector has voluntarily relinquished possession of the antiquities.

U.S. Attorney Damian Williams said: “This Office continues to trace and recover the many stolen cultural treasures that Douglas Latchford sold and scattered far from their home countries. Through this action, the United States reaffirms its commitment to redressing the wrongs committed by Latchford and other looters who would exploit and profit from the pain and disruption of war.”

Ricky J. Patel, HSI New York Acting Special Agent in Charge said: “For years, Douglas Latchford operated an illegitimate enterprise by smuggling looted antiquities into the United States with blatant disregard for U.S. Customs laws.  Latchford facilitated this by falsifying customs documentation and providing deceptive paperwork to collectors for sale on the international art market.  Today, we are pleased to see that 35 pieces of cultural property will be repatriated to their rightful setting.  HSI New York will not rest in its efforts to locate all the antiquities related to Latchford’s fraud and see that each piece of history is not just found, but sent home.”

According to the Complaint filed in Manhattan Federal Court on January 7, 2022:

The United States of America seeks the forfeiture of 34 antiquities which Latchford sold to the Collector between in or about 2003 and in or about 2007 (the “Defendants in Rem”).  The Defendants in Rem are bronze and sandstone sculptures and artifacts which originate from countries in Southeast Asia, primarily Cambodia, but also India, Myanmar, and Thailand.  They include a monumental sandstone sculpture of Ganesha from Koh Ker, an ancient capital of the Khmer empire; and bronze sculptures from the vicinity of Angkor Wat. Latchford sold the Defendants in Rem to the Collector as part of a scheme to sell looted antiquities on the international art market.  The Defendants in Rem were either removed illegally from their country of origin; imported into the United States based on false statements to United States Customs and Border Protection (“CBP”), or both.

Over the years, Latchford lied to and withheld information from the Collector in order to conceal that the Defendants in Rem were stolen, and supplied the Collector with false provenance documents and false information about the origin of certain of the Defendants in Rem. After Latchford sold the Defendants in Rem, many of them were then illegally imported into the United States based on false statements Latchford made to CBP and others. 

In 2019, Latchford was indicted in the Southern District of New York with wire fraud conspiracy and other crimes related to a many-year scheme to sell looted Cambodian antiquities on the international art market, primarily by creating false provenance documents and falsifying invoices and shipping documents, including misrepresenting the country of origin of artworks. See United States v. Latchford, 19 Cr. 748 (AT) (the “Indictment”). In September 2020, the Indictment was dismissed due to Latchford’s death.

In 2021, an agent of HSI contacted the Collector about the Defendants in Rem. The Collector promptly cooperated with the Government’s inquiries and allowed the Government to inspect the Defendants in Rem.  After the Collector learned more about the history of Latchford and the Defendants in Rem, including the evidence that the Defendants in Rem were illegally looted and/or illegally imported into the United States, the Collector voluntarily relinquished possession of the Defendants in Rem so that they can be repatriated to their countries of origin.

Mr. Williams thanked HSI for its outstanding work on this investigation, which he noted is ongoing, and praised its ongoing efforts to find and repatriate stolen and looted cultural property. Mr. Williams also thanked the Kingdom of Cambodia’s Ministry of Culture and Fine Arts for its assistance with this investigation.

The allegations contained in the Complaint are merely accusations.

KZA Realty Closes $1.8 Million Deal for Commercial Property in Morrisania Section of the Bronx

 

KZA Realty Group has secured the $1.8 million dollar sale of a developmental property located in the Morrisania section of the Bronx. The property, which has been purchased as an investment opportunity by the owner, is located at 1155-1159 Southern Boulevard, between Home Street and & 167th. Plans for the property have not been disclosed of as of yet.

Kathy Zamechansky, alongside Duley Paniagua of KZA Realty Group, represented both the seller, Texas Southern, LLC, and the buyer, 1150 Southern Blvd. Partners during the sale of the developmental property in the Bronx.

The lot spans across 7,500 sq ft. and currently holds two multi-level buildings that are, respectively, 9,500 sq. ft and 4,750 sq. ft. in size. The buildings face the eastern side of Southern Boulevard, which is home to other small businesses in the area. The property is within walking distance to the #2 and #5 subway station at Freeman Avenue and the #6 subway station at Whitlock Avenue.

“As a company who is committed to the development of the Bronx, we are thrilled to help support ventures that breathe new life into our community” said Kathy Zamechansky, President of KZA Realty Group. “The sale of this property shows that real estate in the Bronx is still thriving despite many of the financial hardships brought on by the pandemic.”

Located in the southwestern section of the Bronx, Morrisania is a residential neighborhood known for its unique history and diversity. The area is home to an abundance of cultural organizations, public institutions, like the New York Public Library’s Morrisania Branch at E 169th Street, and community programs dedicated to the neighborhood’s lively music scene.

KZA Realty Group (www.kzarealty.com) is a commercial real estate brokerage and development consulting firm based in New York City. Founded in 1998 by real estate professional Kathy Zamechansky, KZA specializes in commercial planning, project management, community and government relations, finance, marketing, and communications. She may be contacted directly via cell at (347) 386-9452.