Clinical Laboratory and Its Owner Agree to Pay an Additional $5.7 Million to Resolve Outstanding Judgement for Billing Medicare for Inflated Mileage-Based Lab Technician Travel Allowance Fees

 

BestCare Laboratory Services LLC (BestCare), a now defunct Texas-based company that operated as a clinical laboratory, and its owner and founder, Karim A. Maghareh, have agreed to pay an additional $5.7 million to settle an outstanding False Claims Act judgment against them. The judgment was entered in 2018 after a court found that BestCare knowingly submitted false claims to Medicare, as directed by Maghareh, by billing for travel allowance reimbursements that did not reflect the mileage that lab technicians had actually traveled when they collected specimens from nursing home residents in Texas. 

The settlement announced today is designed to resolve BestCare and Maghareh’s outstanding obligation under the 2018 judgment. The settlement provides for payments totaling $5.7 million and the possibility of additional annual payments for five years based on Maghareh’s future income. These payments are in addition to $789,652 that the United States has already collected since 2018. The settlement amount is based on the Justice Department's ability-to-pay policy.

The original lawsuit was filed in 2008 by Richard Drummond under the qui tam, or whistleblower, provisions of the False Claims Act. The qui tam provisions allow private parties, called “relators,” to sue on behalf of the United States individuals or companies they believe have knowingly submitted false claims for government funds. Relators are entitled to receive 15 to 25 percent of any recovery if the United States intervenes in the suit, as it did here in 2011. As part of this settlement, the relator will receive $1,311,000.

“Health care providers that submit inflated reimbursement claims to Medicare waste funds intended to ensure access to vital medical services,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates the department’s resolve to ensure that those who defraud the taxpayers are held accountable.”

“When the greedy manipulate the Medicare system, it affects us all, especially the elderly,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “It’s a waste of resources meant to help those in need. This fraudulent scheme adversely impacted our healthcare system because of the inflated costs associated with transporting lab samples. This settlement brings to bear some economic justice, by requiring those that orchestrated the fraudulent scheme to pay for their actions.”

This settlement illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The resolution obtained in this matter was the result of a coordinated effort among the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section; the U.S. Attorney’s Office for the Southern District of Texas, Affirmative Civil Enforcement Section; and the Department of Health and Human Services, Office of Inspector General. The settlement was handled by Fraud Section Senior Trial Counsel Andrew A. Steinberg and Assistant U.S. Attorney Elizabeth Karpati for the Southern District of Texas.

Governor Hochul Announces Significant Federal Assistance to Reduce Clean-Energy Costs for New Yorkers

Inflation Reduction Act Helps Support Nuclear Power in New York State

New Yorkers Receive Hundreds of Millions of Dollars of Cost Savings

 Governor Kathy Hochul today announced that thanks to the Inflation Reduction Act, millions of New Yorkers will see a reduction in utility bills. The IRA funding will help support New York’s nuclear power plants to deliver zero emissions electricity for New Yorkers. The federal nuclear production tax credit, passed by Congress and signed by President Biden as part of the IRA, will provide significant financial support to the four operating nuclear reactors in New York and thereby reduce future payments by New York electric ratepayers to these facilities.

“The Inflation Reduction Act has been critical to helping New Yorkers lower utility costs, while also helping the state reduce emissions and confront the global challenge of climate change,” Governor Hochul said. “We appreciate the strong partnership with President Biden, his Administration and New York’s Democratic Congressional Delegation to advance a more affordable and more livable New York through energy affordability and zero emissions electricity.”

The goals and policies of the IRA support initiatives and strategies previously established by the State of New York over the last decade. In 2016, in recognition of the adverse effects of climate change on public health, the environment, and the economy, the New York State Public Service Commission implemented the Clean Energy Standard (CES), a first-in-the-nation program to prescribe carbon reduction mandates for electricity production in New York. In 2019, the State enacted the Climate Leadership and Community Protection Act or Climate Act, a groundbreaking climate change statute addressing carbon emissions. The Climate Act seeks to reduce statewide greenhouse gas emissions 40 percent by 2030, and no less than 85 percent by 2050, from 1990 levels. The Climate Act also requires that the State’s electric grid be 100 percent zero-emission by 2040.

Chair of the Public Service Commission Rory M. Christian said, “I applaud President Biden, Governor Hochul and the U.S. Congress for their efforts to ensure the Inflation Reduction Act will support the continued operation of significant measures to address climate change. Most importantly, with the PTC action, the potential impact on consumers in states that have acted proactively to combat climate change should be addressed by recognizing the value of the environmental attributes associated with greenhouse gas-free generation of electricity at nuclear facilities.”

In August 2016, following a full administrative proceeding, the PSC created the New York Zero Emission Credit (ZEC) Requirement to preserve nuclear zero-emissions attributes. To implement the ZEC Requirement, the PSC authorized the New York State Energy Research and Development Authority (NYSERDA) to enter into multiyear contracts to purchase ZECs from qualifying nuclear facilities that demonstrated public necessity. Four nuclear powered reactors — Ginna, Fitzpatrick, and Nine Mile Point Unit 1 and 2 — were confirmed by the PSC as meeting the public necessity standard. ZEC contracts were entered into with NYSERDA on account of each plant’s verifiable historic clean energy contributions, insufficient market revenues expected by each plant, benefits and costs of ZECs compared to other clean energy alternatives, and the ratepayer impact of ZEC payments.

When it initiated the ZEC program, the PSC also recognized that the program could be adjusted in the future if the federal government later provided financial support for nuclear power facilities. The recently enacted federal production tax credit now provides such support.

The ZEC contract for each plant is administered in six two-year phases, with the first phase having started on April 1, 2017. The ZEC price in each phase is established by a base ZEC price that reflects the Federal government’s social cost of carbon, which may be adjusted downward and occurred with the start of fourth phase on April 1, 2023.

The ZEC contracts expressly provide that ZEC payments would be adjusted for a change in law that materially changes the original economic benefits of the contract, such as a federal tax credit aimed at nuclear production like the IRA production tax credit (PTC). When Constellation begins claiming the federal PTC reflecting its ownership in the upstate New York nuclear generation units on its corporate tax return in 2025 for tax year 2024, the PTC will be used to reduce the ZEC payments. The PTC will reduce the costs to New York electricity customers, potentially resulting in hundreds of millions of dollars in savings, as early as 2025.

Constellation Energy owns or controls the four operating nuclear power reactors in New York State located at the Ginna, Fitzpatrick, and Nine Mile Units 1 and 2 sites on Lake Ontario.   

MAYOR ADAMS ANNOUNCES SUCCESSFUL ENFORCEMENT ACTION AGAINST FOUR LANDLORDS TO PROTECT CHILDREN FROM LEAD

 

Nearly 3,500 Health and Safety Violations in More Than 5,000 Apartments Already Fixed as Part of Comprehensive Settlement, Providing Safe, High-Quality Homes

 

Agreement Also Includes Nearly $500,000 in Penalties for Violations

New York City Mayor Eric Adams today announced that thousands of health and safety violations in more than 5,000 apartments have been successfully corrected as part of a sweeping agreement between the city and four major property owners and their companies. After finding substantial health and safety violations in these apartments — including hundreds related to lead-based paint — the city over three months in early 2022 entered into comprehensive agreements with their property owners that imposed nearly $500,000 in civil penalties, compelled property owners to resolve all outstanding violations, and forced compliance with Local Law 1 of 2004 — the New York City Childhood Lead Poisoning Prevention Act. Nearly 3,500 violations have already been corrected to date, and all four property owners must continue to demonstrate compliance with health and safety requirements for the next three years.

“Safe, high-quality, affordable housing for New Yorkers has been a north star for this administration, and that’s why we are cracking down on those who are putting our children at risk of lead exposure,” said Mayor Adams. “Because of this settlement, thousands of violations have been fixed, meaningful penalties have been paid, and our city’s apartments are now safer and healthier for our youngest New Yorkers. We are sending a clear message across the entire city: If you are a landlord who doesn’t take your lead paint obligations seriously, we will hold you accountable to the fullest extent of the law.”

“This administration’s housing vision centers on improving the health and safety of New Yorkers, and the city’s pursuit of these settlements is one more sign of our progress in providing New Yorkers with safe housing,” said Deputy Mayor for Housing, Economic Development, and Workforce Maria Torres-Springer. “This historic settlement is also yet more proof that New York City is a leader in preventing lead poisoning and protecting our youngest.”

“Every day, we work to provide individuals, children, and families with pathways to opportunity and act to protect public health. Those two go hand in hand, and the progress announced today builds on the city’s broader strategy to protect every New Yorker from the risks of lead paint,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “This progress will allow New Yorkers to focus on everyday tasks, like taking their kids to school, working with their colleagues, or visiting friends and family — with the peace of mind that their environments have been evaluated and are safe and healthy. The Adams administration will continue to execute on our plan to protect New Yorkers from the hazards of lead and will hold parties accountable at every step along the way.”

“Although lead-based paint was banned in New York City in 1960, older buildings with peeling paint continue to pose a threat to children in this city,” said City Hall Chief Counsel Brendan McGuire. “This administration is committed to keeping children safe from the health hazards of ingesting lead-based paint. When landlords fail to take required steps to remediate peeling lead paint, this administration will always hold them responsible.”

“People have the right to living spaces free of lead dust and chipping lead paint, especially children who are most vulnerable to this dangerous toxin,” said New York City Corporation Counsel Sylvia Hinds-Radix. “Local law requires that landlords protect their tenants from lead in the home by complying with comprehensive safeguards, such as annual notices to track the presence of young residents, annual inspections for lead-based paint hazards, abatement, and remediation. The Law Department, along with the coalition of city agencies monitoring these landlords, will use every legal tool at its disposal to bring these landlords into compliance.”

“Peeling lead paint in a child’s home creates a well-known risk for their growth and development, and property owners in New York City are responsible for maintaining their buildings to eliminate lead paint exposure,” said New York City Department of Health and Mental Hygiene (DOHMH) Commissioner Dr. Ashwin Vasan. “The city has made great strides in reducing hazards posed by lead-based paint, and we need to make sure property owners continue to take responsibility to protect tenants. Thank you to our sister agencies for sharing our commitment to safeguarding the health and well-being of our children.”

“Today’s announcement sends a clear message that we are committed to protecting children from the dangers of lead exposure. This new cross-agency enforcement strategy strengthens our ongoing efforts to ensure that landlords comply with their responsibility to protect our children,” said New York City Department of Housing Preservation and Development (HPD) Commissioner Adolfo Carrión Jr. “The work of HPD’s inspectors, lead-based paint administrative staff, environmental hazards staff, and housing attorneys set the groundwork for this strong collaboration, and so I thank them all for the work they do every day.”

These agreements with owners of four large portfolios of residential buildings — covering 5,147 apartments in Upper Manhattan and the Bronx — require the owners to promptly bring their properties into compliance with Local Law 1 and other applicable laws and codes, in addition to paying a total of $473,500 in civil penalties for past code violations of Local Law 1. Violations include failure to remediate peeling lead paint, failure to comply with annual notice and annual investigation requirements, failure to abate lead-based paint upon tenant turnover, and failure to comply with recordkeeping requirements.

The following penalties have been paid in full by the landlords:

• Ken Nasab: owns and manages more than 882 apartments, $98,000
• David Kleiner: owns and manages more than 748 apartments, $112,000
• Steven Finkelstein: owns and manages more than 1,043 apartments, $98,000
• Bashkim Celaj: owns and manages more than 2,474 apartments, $165,500

Additionally, every year for the next three years, all four property owners must demonstrate ongoing compliance with all Local Law 1 requirements related to annual and lease notices, annual investigations, remediation and abatement, x-ray fluorescence analyzer testing, apartment turnovers, and turnover remediation.

Should the property owners fail to comply with their agreements, they would face legal action seeking court-ordered repairs and the imposition of as much as tens of millions of dollars in additional penalties.

These enforcement actions build on the Adams administration’s progress in the fight against lead exposure, outlined in the “Taking the Lead on Lead” report released earlier this year. Under the city’s new strategy, the city is investing $1.4 billion in capital funds for lead paint abatement, and the New York City Housing Authority (NYCHA) is testing more than 70,000 apartments under New York City’s new, more protective threshold. For New Yorkers in private homes, HPD has expanded the application of Local Law 1 to include rental units in one- and two-family homes, as well as apartments where children under 6-years-old spend more than 10 hours per week (as opposed to just locations where they reside). The New York City Department of Environmental Protection (DEP) has additionally completed a pilot program to replace 600 privately-owned lead service lines — which connect houses to the city’s water main in the street — for low-income homeowners at no cost to them. Based on that pilot, DEP has submitted federal grant applications for several millions of dollars, which would allow DEP to dramatically expand these free replacements in communities disproportionately impacted by climate change.

Local Law 1 mandates that residential building owners take proactive steps to prevent lead-based paint exposure. Requirements include testing for and abating lead-based paint at unit turnover, annually determining whether and where children under 6-years-old live in a building, and lead-based paint abatement or remediation in units where children under 6-years-old spend at least 10 hours per week. More information about landlord and tenant requirements under Local Law 1 and about how to protect families from lead exposure is available by calling 311 or visiting the city’s Lead Free NYC page.

NYSOFA’s Rollout of AI Companion Robot ElliQ Shows 95% Reduction in Loneliness

 

NYSOFA-ElliQ partnership renews for a second year following validation of ElliQ’s effectiveness in improving the lives of aging New Yorkers

The New York State Office for the Aging (NYSOFA) and Intuition Robotics today announced a continuation of their unique partnership and new data showing the efficacy in providing AI companionship to older adults in New York State, including a 95% reduction in loneliness and high levels of engagement. 

Over the past year, NYSOFA has partnered with Intuition Robotics in a pilot to bring ElliQ – the first-ever proactive and empathetic AI companion – to more than 800 New Yorkers in an effort to combat loneliness, foster engagement, improve overall health and wellness, and support aging-in-place. Loneliness has long been a concern for older adults, but the COVID-19 pandemic greatly exacerbated the issue, as the U.S. Surgeon General recently stressed in a highly publicized advisory on the epidemic of loneliness and isolation.

According to data reports from the NYSOFA pilot, AI companion ElliQ has achieved a 95% reduction in loneliness and great improvement in well-being among older adults using the platform. ElliQ users throughout New York have also demonstrated exceptionally high levels of engagement consistently over time, interacting with their ElliQ over 30 times per day, 6 days a week. More than 75% of these interactions are related to improving the older adults’ social, physical and mental well-being. 

In one example, Lucinda, an older adult in Harlem, participates in four activities with ElliQ per day on average, including stress reduction exercises twice daily and a cognitive game every day. She also works out with ElliQ once a week. To learn more about these and other outcomes, see the attached report.

ElliQ is proactive and personalized: it initiates conversation, suggests activities, and remembers what users tell it. ElliQ encourages and works with users to set and help achieve goals. It is designed to convey empathy to create trust and drive engagement and behavior change. 

Over the past year, Intuition Robotics has added unique features to keep seniors active, connected and engaged, such as: ElliQ taking users to museum exhibits and road trips, painting with ElliQ using generative AI, mindfulness exercises led by a certified mindfulness instructor, recording life memories in a digital memoir and sharing them with family and friends, and the ability for the NYSOFA staff to send informational video messages about available resources.

In one example, Lucinda, an older adult in Harlem, participates in four activities with ElliQ per day on average, including stress reduction exercises twice daily and a cognitive game every day. She also works out with ElliQ once a week. To learn more about these and other outcomes, see the attached report.

“We had high hopes for the efficacy of ElliQ, but the results that we’re seeing are truly exceeding our expectations,” said Greg Olsen, Director of the New York State Office for the Aging. “The data speaks for itself, and the stories that we’re hearing from case managers and clients around the state have been nothing short of unbelievable. To see the impact this technology is making on the lives of our community members is incredibly moving and we can’t wait to see this program continue to grow."

“It has been evident over the course of our pilot program that ElliQ enriches and improves the lives of the older adults we serve,” said Becky Preve, Executive Director of the Association on Aging in New York (AgingNY). “The pandemic encouraged us to open our eyes and think of innovative ways to deliver care to our clients. Partnering with an AI platform like ElliQ fits our strategy perfectly and I’m looking forward to getting ElliQ devices into the homes of many more older New Yorkers."

“It has been a pleasure to work alongside local offices for the aging and partners to identify older adults who would most benefit from empathetic AI,” said Dor Skuler, CEO and Co-Founder of Intuition Robotics. “ElliQ can’t make an impact on individuals until it has been invited into the home, and the case managers and staff on the ground have been integral in educating older adults about ElliQ, supporting installations, and facilitating introductions between our team and the clients directly. We’re excited to continue our work with NYSOFA and other aging agencies to increase the number of aging adults we can help.” 

About the New York State Office for the Aging

NYSOFA continuously works to help the state’s 4.6 million older adults be as independent as possible for as long as possible through advocacy, development and delivery of person-centered, consumer-oriented, and cost-effective policies, programs, and services that support and empower older adults and their families, in partnership with the network of public and private organizations that serve them. Stay connected—visit the NYSOFA Facebook page; follow @NYSAGING on Twitter and NYSAging on Instagram; or visit aging.ny.gov.

About Intuition Robotics

Intuition Robotics, a startup company based in Israel, is on a mission to empower older adults to live happier, healthier, and more independent lives at home. The company’s award-winning product, ElliQ, is a proactive care companion for older adults. ElliQ helps keep users healthy, engaged, and informed, while alleviating the effects of loneliness and social isolation. Intuition Robotics has won several awards for its work with ElliQ including Fast Company’s Most Innovative Companies and the CES Best of Innovation award. To learn more, please visit www.elliq.com and follow us on Facebook.

About the Association on Aging in New York

The Association on Aging in New York supports and advocates for New York’s mostly county-based Area Agencies on Aging (AAAs) and works collaboratively with a network of organizations that exist to promote independence, preserve dignity, and provide support for residents of New York State as they age. For more information, follow us on Facebook, visit www.agingny.org, or call (518) 449-7080. 

D.A. Bragg, DOI Commissioner Strauber, DCWP Commissioner Mayuga Announce Indictment of Pedicab Driver for Bribery

 

Pedicab Driver Shokhru Alimov Allegedly Proactively Offered $60,000 in Exchange for Authentic Pedicab Registration Plates

Manhattan District Attorney Alvin L. Bragg, Jr., New York City Department of Investigation Commissioner Jocelyn E. Strauber, and New York City Department of Consumer and Worker Protection Commissioner Vilda Vera Mayuga, today announced the indictment of SHOKHRU ALIMOV, 41, for offering money to an employee of the New York City Department of Consumer and Worker Protection (“DCWP”) in order to obtain authentic pedicab registration plates outside of the registration plate lottery. 

As alleged, ALIMOV, a licensed pedicab driver, offered to pay a DCWP inspector a total of $60,000 for 34 pedicab registration plates. After making that offer, in separate conversations, ALIMOV offered to give $7,500 to the DCWP inspector for 15 DCWP pedicab registration plates immediately, an additional $7,500 to renew the plates in November 2023, along with more money for more pedicab registration plates in the future. ALIMOV is charged in a New York State Supreme Court indictment with Bribery in the Second Degree.[1]

“Our Rackets Bureau roots out fraud in all its forms and we will continue to work with our law enforcement partners to ensure government programs are not affected by corruption and bribery,” said District Attorney Bragg. “Pedicab licensing restrictions exist for the safety of New Yorkers and all those who visit the city. This alleged bribery harms honest, law-abiding operators who are pushed out by those trying to game the system.” 

DOI Commissioner Strauber said, “This defendant, as charged, tried to end-run the City’s permitting process, offering a bribe to a City employee in exchange for 15 official pedicab registration stickers. The City employee, who had received DOI’s anti-corruption training, promptly and properly reported the alleged offer to DOI, leading to further investigation and this bribery charge. I thank this employee for stepping forward and the Manhattan District Attorney’s Office for its long-standing partnership in the fight against bribery and corruption.”

“Department of Consumer and Worker Protection inspectors go above and beyond to foster trust with our more than 45,000 licensed businesses,” said DCWP Commissioner Mayuga. “Thank you to the District Attorney’s office and the Department of Investigation for working with us, and thank you to our inspector, who acted quickly to maintain the integrity of our inspections.”

According to the indictment and documents filed in court, on May 10, 2023, at the Central Park North Meadow Recreation Center, ALIMOV approached a senior inspector of DCWP conducting pedicab inspections and offered to pay $60,000 in exchange for his assistance in obtaining 34 pedicab registration plates. The DCWP inspector then immediately reported the offer to DOI. 

The registration plate sticker is required to operate a pedicab-for-hire and DCWP issues 840 pedicab registration plates a year to enforce the New York City limit of 850 pedicabs.  DCWP also limits each individual or company to 30 registered pedicabs.

Registration plates can either be obtained through DCWP’s annual pedicab registration plate lottery or by purchasing a plate from another pedicab licensee with the approval of DCWP. ALIMOV won one pedicab registration plate in the 2023 lottery. 

From May 17, 2023, to May 31, 2023, under the supervision of DOI, the DCWP inspector recorded two in-person meetings and five phone calls with ALIMOV, where he offered the DCWP inspector money for DCWP pedicab registration plates. ALIMOV ultimately offered and agreed to give $7,500 to the DCWP inspector for 15 pedicab registration plates immediately and an additional $7,500 in November 2023 when the plates would be up for renewal. 

ALIMOV had also ordered additional pedicabs from a manufacturer and agreed to give more money for additional pedicab registration plates when the vehicles arrived. 

On June 6, 2023, ALIMOV met with the DCWP inspector and a DOI confidential investigator posing as a DCWP licensing official outside of DCWP headquarters in the Financial District.  ALIMOV was arrested immediately after giving the DOI confidential investigator $7,500 in exchange for 15 pedicab registration plates. 

D.A. Bragg thanked DCWP, particularly Michael Tiger, General Counsel; and DOI’s Office of the Inspector General for DCWP, which investigated the matter, specifically Senior Special Investigator Steven Montague under the supervision of Assistant Inspector General Anastasia Plakas, First Deputy Inspector General Mary Kozlow, Inspector General Clinton Daggan, Deputy Commissioner of Strategic Initiatives Christopher Ryan and Deputy Commissioner/Chief of Investigations Dominick Zarrella.

New Jersey Tax Preparer Arrested for Fraudulently Seeking Over $124 Million in COVID-19 Employment Tax Credits

 

A New Jersey tax preparer was arrested on charges related to fraudulently seeking over $124,000,000 from the IRS by filing over 1,000 tax returns falsely claiming COVID-19-related employment tax credits.

In response to the COVID-19 pandemic and its economic impact, Congress authorized an employee retention tax credit that a small business could use to reduce the employment tax it owed to the IRS, also known as the “employee retention credit” or ERC.

Congress also authorized the IRS to give a credit against employment taxes to reimburse businesses for the wages paid to employees who were on sick or family leave and could not work because of COVID-19. This “paid sick and family leave credit” was equal to the wages the business paid the employees during the sick or family leave, also subject to a maximum amount.

According to court documents, from November 2020 to May 2023, Leon Haynes of Teaneck, New Jersey, allegedly repeatedly exploited a program created to help small businesses impacted by the COVID-19 pandemic. Acting as a tax preparer, Haynes allegedly prepared and submitted approximately 1,387 false forms to the IRS claiming COVID-related tax credits on behalf of himself and clients. The complaint further alleges that Haynes falsely told his clients that the government was giving out COVID-relief money for businesses and that they were eligible for the money simply because they had a business. Allegedly, without consulting with his clients, Haynes then submitted forms to the IRS on behalf of their businesses that grossly overstated the number of employees and amount of wages paid. Haynes allegedly submitted similarly false forms for three of his own companies.

Based on these and other misrepresentations, Haynes’ conduct allegedly sought approximately $124,751,995 in tax refunds on behalf of his companies and numerous other businesses in his clients’ names. The IRS allegedly mailed Haynes multiple tax refund checks totaling $1,007,966 for his own companies and allegedly disbursed a total of $31.6 million in refunds to Haynes’ clients and himself based on the false tax forms that Haynes submitted.  The complaint further alleges that Haynes charged many clients a fee of as much as 15% of the refund they received.

If convicted, Haynes faces a maximum penalty of three years in prison for each count of aiding and assisting in the preparation of a false return and 20 years in prison for mail fraud. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Philip R. Sellinger for the District of New Jersey made the announcement.

IRS-Criminal Investigation, Social Security Administration-Office of the Inspector General, and the U.S. Postal Inspection Service are investigating the case. 

A complaint/information is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Attorney General James Leads Multistate Coalition Defending Federal Government’s Ability to Communicate With Social Media Companies About Dangerous Online Content

 

New York Attorney General Letitia James led a multistate coalition opposing a decision from the U.S. District Court for the Western District of Louisiana prohibiting dozens of federal officials and agencies from communicating with social media companies about harmful online content, including financial scams, misinformation meant to undermine elections, and harassment. The coalition of 21 attorneys general filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit urging the court to reverse the lower court decision. The coalition noted that the district court’s order sets a dangerous precedent that undermines the ability of federal, state, and local governments to keep Americans safe and secure online.

“Social media holds great promise but also carries great risks, especially when people use it to harass, scam, and spread misinformation,” said Attorney General James. “An open dialogue between government officials and social media companies is critical to keeping Americans safe. The recent decision will not only stifle open debate and the free exchange of ideas, it will make the internet a more dangerous place for everyone.”  

Social media companies and government officials regularly engage in information-sharing and dialogue, especially during public health emergencies, elections, and other events where the spread of false or misleading information can endanger public health and safety. In May 2022, Missouri, Louisiana, and several individuals brought a lawsuit against dozens of federal officials and agencies, alleging efforts to pressure social media companies to remove or suppress certain speech. In July, the U.S. District Court for the Western District of Louisiana granted a request for a preliminary injunction. The resulting order effectively stops any communication between many federal government officials and social media companies concerning content moderation policies.

Attorney General James and the coalition note in the amicus brief that the lower court’s order blocks an important tool that federal leaders have to share information and policy views on how social media platforms can keep Americans safe online, potentially undoing years of mutually beneficial dialogue. The brief highlights examples of productive communication with social media platforms, including the Office of the New York Attorney General’s (OAG) work to identify and report social media content from the Buffalo mass shooting and OAG’s efforts with Amazon to stop sellers from price gouging supplies during the COVID-19 public health emergency. The brief also notes that social media companies have welcomed the input of state governments and federal agencies on topics critical to the public interest, such as protecting children from online harassment and preventing the spread of misinformation designed to undermine election security and integrity.

Joining Attorney General James in filing the amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Wisconsin, and the District of Columbia.

NYS Office of the Comptroller DiNapoli: State Needs to Supercharge Efforts to Meet Renewable Electricity Goals

 

New York state will have to take multiple steps to increase renewable electricity generation to achieve the objectives of the Climate Leadership and Community Protection Act (CLCPA). Success will also require state agencies to consistently and proactively identify and address problems, continue streamlining permit and interconnection study procedures, and develop the necessary infrastructure to connect renewable projects to the grid and New Yorkers' homes, according to a report issued today by State Comptroller Thomas P. DiNapoli.

“New York State has rightly pursued an aggressive campaign to reduce greenhouse gas emissions to limit the most dangerous impacts of climate change,” DiNapoli said. “New York’s energy goals are attainable, but require careful attention and management to address challenges, meet ambitious deadlines and avoid future pitfalls.”

DiNapoli’s report found that renewable generators in New York would need to produce an additional 78,073-gigawatt hours above 2022 levels, an increase of over 200%, to reach the CLCPA’s 2030 goal of 70% renewable electricity consumption. The analysis is based on projections from the New York Independent System Operator (NYISO).

NYISO has also projected that the state would need to add 20 gigawatts of installed renewable capacity by 2030, which is triple the 2022 capacity of approximately 6.5 gigawatts. In the last 20 years, New York added 12.9 gigawatts of total electric generation, including both fossil fuel and renewable sources.

Prior state efforts to increase renewable energy were hindered by inconsistent funding, canceled projects and delays that led to lengthy project timelines and failure to achieve targets.

The state has taken steps to address these challenges:

• Increased and consistent funding under the state’s Clean Energy Standard facilitated increases in the development of renewable electricity generation. Between 2017 and 2021, at least 1,100 megawatts of projects came under contract annually, compared to between 0 and 726 megawatts annually in the preceding years.
• The Department of State’s Office of Renewable Energy Siting was formed to streamline the permitting process, and the NYISO has also been improving the interconnection process to bring renewable electricity generation projects online more quickly. Continuing to improve the renewable electric project permitting and interconnection processes to allow for timely approvals, while ensuring community responsiveness and project impacts are mitigated, is critical to achieving the CLCPA goals.

The state will also face challenges given the volume and scale of new projects. The transmission capacity for connecting upstate regions to New York City is limited and renewable facilities in some upstate regions are already being forced to curtail generation due to transmission constraints. Significant new electric transmission infrastructure is needed to allow for the transmission of renewable electricity to customers throughout the state, including interconnect offshore wind projects and additional export capacity from Long Island, and bulk transmission connecting New York City and Long Island to upstate.

The costs of incentives to encourage renewable siting and the costs of transmission projects approved by the Public Service Commission are borne almost exclusively by New York’s utility customers. The state should make every effort to clearly identify how these costs will affect consumer electric bills and must hold down these costs to the state’s electric customers.

Where New York Ranks

In 2020, New York produced 124,912 gigawatt hours of renewable energy, ranking 6th in the nation. This figure includes both renewable fuels, such as biodiesel, and renewable electricity sources, including hydropower, solar, and wind. New York was 3rd in the nation after Washington and Oregon in the generation of hydroelectric power, 10th in generation of solar electricity, and 18th in generation of electricity with wind.

As of 2022, approximately 29% of the electricity generated in the state came from renewable sources. Of this renewable generation, roughly 75% came from hydroelectric generation, with the remaining 25% primarily split between wind and solar.

Report

Renewable Electricity in New York State: Review and Prospects