Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - FEBRUARY 2, 2023

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing and Treatment

26 Statewide Deaths Reported on February 1

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19 and outlined basic steps they can take to protect against the spread of viral respiratory infections that become more common in the winter season. 

"With frigid temperatures ahead for New York, I urge everyone to remain vigilant and continue to use all available tools to keep themselves, their loved ones and their communities safe and healthy," Governor Hochul said. "Be sure to stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Governor Hochul is urging New Yorkers to take common prevention measures — like staying up to date on vaccines and practicing proper hygiene — to protect from the flu and COVID-19 and reduce the patient burden on local hospitals. The Governor reiterated these basic steps when she updated New Yorkers on the state's winter health preparedness efforts last month.  

The New York State Department of Health's weekly flu surveillance report for the week ending January 21, shows influenza remaining widespread throughout the state for a sixteenth consecutive week, with a total of 305,354 positive cases across 61 counties reported to date. The report found that confirmed cases statewide dropped 39 percent to 4,459 for the week, while overall hospitalizations were down 44 percent from the previous week, with the week at 465 hospitalizations across the state. 

Additionally, there were 5 outbreaks in acute care and long-term care facilities, the report determined. There were no influenza-associated pediatric deaths reported this week, leaving the total at eight statewide. 

With flu season continuing and infections remaining widespread, Governor Hochul encourages all New Yorkers to get their annual flu vaccine. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system. 

The Health Department is continuing its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. For information about flu vaccine clinics, contact the local health department or visit vaccines.gov/find-vaccines/. 

Governor Hochul also continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters. Last month, the New York State Department of Health announced new guidance for bivalent COVID-19 booster doses, which are now available for eligible children down to 6 months of age.  

The updated boosters are the first to be targeted to the original virus strain and recently circulating variants and are recommended for young New Yorkers and all those eligible. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829 or call 1-800-232-0233 to find nearby locations.  

Today's data is summarized briefly below: 

• Cases Per 100k - 17.25
• 7-Day Average Cases Per 100k - 14.71
• Test Results Reported - 60,133
• Total Positive - 3,371
• Percent Positive - 5.14%** 
• 7-Day Average Percent Positive - 5.55%**
• Patient Hospitalization - 2,563 (-60)
• Patients Newly Admitted - 403
• Patients in ICU - 270 (-20)
• Patients in ICU with Intubation - 111 (-4)
• Total Discharges - 396,398 (+414)
• New deaths reported by healthcare facilities through HERDS - 26
• Total deaths reported by healthcare facilities through HERDS - 61,381

** Due to the test reporting policy change by the federal Department of Health and Human Services and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

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.   

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.  

• Total deaths reported to and compiled by the CDC - 78,008

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.       

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:  

Borough	Monday,   January   30, 2023	Tuesday,   January   31, 2023	Wed.  February   1, 2023
Bronx	5.70%	5.68%	5.65%
Kings	3.64%	3.66%	3.26%
New York	4.77%	4.71%	4.63%
Queens	5.60%	5.50%	5.24%
Richmond	5.21%	5.46%	5.36%

Transformative Plan to Increase Inpatient Psychiatric Treatment Capacity, Boost Insurance Coverage and Dramatically Expand Outpatient Services

Investments will Create Transitional and Supportive Housing to Serve New Yorkers with Mental Illness; Create Systemic Accountability for Hospital Admissions and Discharges 

 Governor Kathy Hochul today announced details of her comprehensive $1 billion multi-year plan to overhaul the continuum of mental health care and drastically reduce the number of individuals with unmet mental health needs throughout the state. First outlined during the 2023 State of the State last month, the plan aims to dramatically expand access to mental health care, reduce wait times and ensure appropriate levels of care to correct a mental health care system that has suffered from chronic underinvestment.

"New York State's mental health care system was strained and suffering from years of underinvestment even before the global pandemic exacerbated the problem and made things worse," Governor Hochul said. "New Yorkers who struggle with mental illness deserve a system that is suited for and responsive to their needs. From creating transitional and supportive housing to expanding our comprehensive network of outpatient services, this bold plan is aimed at providing the funding and resources needed to ensure everyone in our state can access high-quality mental health care."

The plan includes $890 million in capital and $120 million in operating funding to establish and operate 3,500 new residential units for New Yorkers with mental illness. These units include 500 community residence-single room occupancy units, which provide housing and intensive services to individuals with serious mental illness who are at the highest risk of homelessness; 900 transitional step-down units; 600 licensed apartment units serving individuals who require an intermediate level of services.

Also funded through this allocation are 1,500 supportive housing units, which serve individuals with a serious mental illness who have less acute needs but still require support to live in the community. In addition, the plan includes $25 million in capital and $7.3 million in operating costs for 60 community step-down housing units in New York City to serve formerly unhoused individuals who are transitioning from inpatient care.

Governor Hochul is proposing to invest $60 million in capital and $121.6 million operating funding to dramatically expand outpatient services. This includes establishing 12 new comprehensive psychiatric emergency programs providing hospital-level crisis care; tripling the number of Certified Community Behavioral Health Clinics in New York, from 13 to 39, that offer walk-in, immediate integrated mental health and substance use disorder services for New Yorkers of all ages and insurance status; creating 42 additional Assertive Community Treatment teams to provide mobile, high intensity services to the most at-risk New Yorkers and eight additional Safe Options Support teams - five in New York City and three in the rest of state - to provide outreach and connection to services for homeless populations with mental illness and substance use disorders; and expanding capacity at 20 Article 31 clinics that provide core mental health services serving the most vulnerable New Yorkers.

The plan also includes requirements that hospitals responsibly admit and discharge patients, with new, comprehensive standards for evaluation and increased state-level oversight to ensure that new protocols are being used effectively. To ensure the success of these new requirements for discharge planning, a $28 million investment will create 50 new Critical Time Intervention care coordination teams to help provide wrap-around services for discharged patients - from housing to job supports.

Additionally, an investment of $2.8 million will expand the Intensive and Sustained Engagement Treatment program to offer peer-based outreach and engagement for adults with serious mental illness. The plan invests $3.3 million in the Individual Placement and Supports program will ensure that the Office of Mental Health expands the use of this evidence-based model of supported employment for adults with mental illness. 

Governor Hochul will advance legislation to close gaps in insurance coverage for behavioral health services and prohibit carriers from denying access to medically necessary, high-need, acute and crisis mental health services for both adults and children, including medications for substance use disorder. In addition, Governor Hochul will introduce legislation requiring commercial insurance providers to pay for school-based services at a level equal to the higher paying Medicaid rate, to ensure timely access for all children.

Additionally, Governor Hochul is proposing to adopt appointment availability and geographic accessibility standards for behavioral health services. This will require payment parity for behavioral health telehealth services and mandate the use of OMH-designated medical necessity criteria and tools and authorize lawsuits by insureds for state law parity violations. 

Governor Hochul is also proposing a $20 million expansion of mental health services in schools by increasing Medicaid payment rates for school-based satellite clinics and a $10 million investment to expand school-based wraparound services, including an annual investment to provide the start-up funding necessary to get new and expanded school services in operation quickly. The plan also includes an additional $12 million to expand the HealthySteps program and home-based crisis intervention teams, and $10 million in grants to suicide prevention programs targeting high-risk youth. 

DEC REMINDS VISITORS TO STATE LANDS TO LOVE OUR NEW YORK LANDS AND LEAVE NO TRACE™

 

Enjoy Winter Recreation Safely and Responsibly

The New York State Department of Environmental Conservation (DEC) today reminded visitors to the Adirondack and Catskill Forest Preserves and all State lands to recreate safely and responsibly and practice Leave No Trace™ this winter. Everyone who recreates on New York’s State lands has a responsibility to adequately prepare themselves and protect natural resources for future generations. Following the Seven Principles of Leave No Trace™, set forth by the Leave No Trace Center for Outdoor Ethics, is one way visitors are encouraged to Love Our New York Lands. This weekend, temperatures are expected to drop to -45 degrees Fahrenheit in the Adirondack High Peaks. DEC encourages anyone with plans to venture outdoors to consider changing those plans. In dangerously cold weather, as forecast for this weekend, frostbite only takes 10 minutes to take effect. 

“In the Northeast, we are no strangers to the cold, but this weekend’s weather is different and we need to take precautions when outdoors,” said DEC Commissioner Basil Seggos. “With wind chills reaching -50, there is a risk of rapid onset of hypothermia and frostbite. While DEC’s Forest Rangers are prepared to rescue anyone in need, outdoor adventurers are advised not to put themselves or first responders in unnecessary danger. The Adirondacks, Catskills, and our many forests, wildlife management areas, and other State Lands will still be there to enjoy and share when temperatures rise.” 

When weather conditions are more suitable than the cold weather this week, there are steps visitors can take to help protect themselves and the places they visit, however they choose to recreate. The Leave No Trace™ Seven Principles provide helpful guidance for reducing impacts on the environment and keeping everyone safe. 

1. Plan Ahead and Prepare 
   Proper planning is vital to a safe winter adventure. Know personal limits, set realistic goals, and choose an experience appropriate for everyone in the group. Research trails and routes before setting out and contact DEC or other knowledgeable parties with questions. 
   
   
   Winter weather can change rapidly. Prepare for every occasion by bringing the 10 Hike Smart NY essentials, including: food, water, navigation, warm layers, snowshoes and traction devices, a headlamp, first-aid kit, emergency kit, emergency shelter, and matches or a lighter. Stay up to date with current weather reports leading up to a trip. If the forecast calls for harsh conditions, consider rescheduling.  
   
   Make a timeline, including a turnaround time, and stick to it. Always leave trip plans with someone who will call for help if you don’t return on time. For more tips on preparing for a safe outdoor winter experience, visit DEC’s winter hiking safety page. 
   
   
   
2. Travel and Camp on Durable Surfaces 
   Stick to designated trails and campsites as much as possible. Skis or snowshoes are recommended whenever there is significant snowpack and are required in the Eastern High Peaks when snow depths reach eight inches. Snowshoes make walking in deep snow easier and help prevent postholing, the act of creating deep holes in the snow with bare boots. Remember that snow will likely be deeper at higher elevations. Use traction devices, such as crampons or microspikes, to travel safely on icy trails.
   
   
3. Dispose of Waste Properly
   Pack out garbage, food scraps, broken gear, and pet waste. Dispose of trash in a designated can at the trailhead or at home. ‘Go before you go’ and use toilets or outhouses whenever possible. While the ground is frozen, making cat holes hard to dig, be prepared to pack out poop where toilets aren’t available.
   
   
4. Leave What You Find 
   Leave trail signs and markers so others can find their way. Leave historic artifacts and natural features for others to enjoy. Last but not least, don’t carve or graffiti rocks, trees, or backcountry structures.
   
   
5. Minimize Campfire Impacts 
   Confirm that fires are permitted before you build one. Use designated fireplaces whenever possible and only burn dead and downed wood. When you’re done with the fire, extinguish it completely. Never leave a fire unattended or have a fire inside a structure such as a lean-to or tent. 
   
   
6. Respect Wildlife  
   Appreciate wildlife from a distance. Don’t follow, approach, or feed them. Human food can harm wildlife and feeding animals can create bad habits that lead to dangerous human interactions, unnatural habituation, and unsustainable dependency.  
   
   
7. Be Considerate of Other Visitors 
   Help all visitors have a safe and enjoyable experience by following winter trail etiquette. Wear snowshoes or skis on snowy trails to avoid post-holing and separate ski and snowshoe tracks when possible. Yield to downhill skiers, keep to the right side of the trail, and use the left to pass. Snowmobile riders are reminded to respect posted signage and slow down when passing pedestrians or traveling through densely populated areas. For more information about snowmobile safety, go to https://parks.ny.gov/newsroom/press-releases/release.aspx?r=1828

To learn more about safe, responsible recreation in all seasons, visit the Love Our New York Lands page on DEC's website. For more helpful tips on preparing for your next adventure, check out the Outdoor Recreation playlist on DEC’s Youtube channel. 

 

Attorney General James Secures $410,000 from Tech Companies for Illegally Promoting Spyware and Violating New Yorkers’ Privacy

 

Multiple Companies Owned by Patrick Hinchy Sold Software Products that Allowed Individuals to Spy on their Partners without Their Consent

New York Attorney General Letitia James today secured $410,000 from Patrick Hinchy and 16 of his companies for illegally promoting spyware that allowed individuals to monitor another person’s device without their awareness. The software products sold by Hinchy’s companies allowed users to secretly monitor activity on another device, including call logs, text messages, photos and videos, location, Gmail activity, WhatsApp and Skype messages, social media activity, and browsing history. The companies’ advertisements and promotions led customers to believe that using their products for spying was legal, however, installing and using stalkerware to monitor another adult’s mobile device without their consent violates numerous state and federal laws. As a result of this agreement, Hinchy’s companies must pay $410,000 in penalties and modify their apps to alert device owners that their devices are being monitored.

“Snooping on a partner and tracking their cell phone without their knowledge isn’t just a sign of an unhealthy relationship, it is against the law,” said Attorney General James. “These apps and products put New Yorkers at risk of stalking and domestic abuse, and were aggressively promoted by Patrick Hinchy through 16 different companies. Today’s agreement will block these companies from allowing New Yorkers to be monitored without their awareness, and will continue our ongoing fight to protect New Yorkers’ rights, safety, and privacy.”

A consortium of companies owned by Hinchy promoted several apps as tools to spy on spouses or intimate partners without their awareness or consent. An investigation by the Office of the Attorney General (OAG) found that Hinchy and his companies also misrepresented their refund and data security policies, failed to disclose the potential harm to a device caused by the installation of their products, and created sham review sites to lure customers into purchasing and using the stalkerware products.

The investigation revealed that Hinchy created numerous websites that purported to provide independent technology advice, but in reality, solely promoted the stalkerware products sold by Hinchy’s companies. Hinchy’s stalkerware companies also failed to disclose the need to perform an invasive procedure, known as rooting for Android devices or jailbreaking on Apple devices, and the risks associated with such procedures. Customers were also misled by confusing refund policies and false claims regarding the data security of information obtained by the stalkerware products.

Today’s agreement requires Hinchy and his companies to pay $410,000 in penalties, disgorgement, and costs. In addition, Hinchy’s companies must modify the apps and software so that the owner of the device being monitored is notified and informed of the types of information collected by the app or software and made available for viewing by the user of the product. The agreement further requires Hinchy and his companies to make accurate disclosures regarding endorsements, rooting and jailbreaking requirements, refund policies, and data security.

The companies owned by Hinchy and named in today’s agreement include Powerline Group Inc., Powerline Media LLC, Powerline Data LLC, Powerline Digital LLC, Powerline Commerce LLC, ILF Mobile Apps Corp., Auto Forward Data Services LLC, DDI Utilities Inc., DDI Data Solutions Inc., Highster Mobile Inc., Highster Data Services LLC, PhoneSpector LLC, Safeguarde LLC, BFG Marketing LLC, Digital Security World LLC, and CTS Technologies Corp.

Alleged Perpetrator Of $100 Million Crypto Market Manipulation Scheme To Make Initial Appearance In The Southern District Of New York

 

 Damian Williams, the United States Attorney for the Southern District of New York, Kenneth A. Polite, Jr., the Assistant Attorney General of the Justice Department’s Criminal Division, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that AVRAHAM EISENBERG will make his initial appearance in the Southern District of New York later today in connection with an Indictment charging him with commodities fraud, commodities market manipulation, and wire fraud in connection with EISENBERG’s manipulation of the Mango Markets decentralized cryptocurrency exchange.  As alleged in the Indictment filed on January 9, 2023, EISENBERG engaged in a scheme to fraudulently obtain approximately $110 million worth of cryptocurrency from the cryptocurrency exchange Mango Markets and its customers and achieved this objective by artificially manipulating the price of certain perpetual futures contracts.  EISENBERG was previously arrested on December 26, 2022, in San Juan, Puerto Rico, pursuant to a criminal Complaint.  EISENBERG will appear in federal court in Manhattan today and will be presented on the charges before United States Magistrate Judge Jennifer E. Willis.  The case has been assigned to United States District Judge Richard Berman. 

U.S. Attorney Damian Williams said: “As alleged, Avraham Eisenberg manipulated the Mango Markets cryptocurrency exchange in order to obtain over $100 million in illicit profits for himself.  Through his scheme, Eisenberg left others holding the bag.  Market manipulation is illegal in all of its forms, and this Office is committed to prosecuting such schemes wherever they occur – including in the cryptocurrency markets.”

Assistant Attorney General Kenneth A. Polite, Jr. said: “Exploiting decentralized finance platforms is the new frontier of old school financial crimes in which criminals abuse emerging technologies for their own personal gain.  With this prosecution, the Criminal Division is sending the message that no matter the mechanism used to commit market manipulation and fraud, we will work to hold those responsible to account.”

FBI Assistant Director Michael J. Driscoll said: “The defendant is alleged to have executed a scheme through which he fraudulently acquired over $100 million worth of cryptocurrency.  The FBI is dedicated to safeguarding the integrity of all financial markets and will ensure any individual willing to exploit one be held responsible in the criminal justice system.”           

As alleged in the Indictment and the Complaint:[1]

Background on Mango Markets

Mango Markets is a decentralized cryptocurrency exchange that allows investors to, among other things, purchase and borrow cryptocurrencies and cryptocurrency-related financial products.  Mango Markets is run by the Mango Decentralized Autonomous Organization (the “Mango DAO”).  The Mango DAO has its own crypto token called MNGO, which investors could buy and sell.  Holders of the MNGO token are allowed to vote on changes to Mango Markets and issues related to the governance of the Mango DAO.

Investors on Mango Markets can, among other things, buy and sell perpetual futures contracts (“Perpetuals”).  When an investor buys or sells a Perpetual for a particular cryptocurrency, the investor is not buying or selling that cryptocurrency but is, instead, buying or selling exposure to future movements in the value of that cryptocurrency relative to another cryptocurrency.  An investor who buys a Perpetual based on the relative value of the stablecoin USDC and MNGO (a “MNGO Perpetual,” for short) at a price of 0.02 USDC/MNGO is “long” on MNGO, and the value of that position will rise if the value of MNGO rises above 0.02 USDC/MNGO.  Conversely, the investor who sold that Perpetual is “short” on MNGO, and the value of that position will rise if the value of MNGO falls relative to USDC.  Either party to a Perpetual can settle the Perpetual at any time and realize their gain or loss. 

To determine the settlement price of Perpetuals, Mango Markets uses an “oracle,” which is a computer program that calculates the relative value of two cryptocurrencies by looking at the exchange rate of those cryptocurrencies on various cryptocurrency exchanges (the “Oracle”).  When the Oracle price changes for a particular cryptocurrency pairing, the settlement price of Perpetuals based on that cryptocurrency pairing also changes on Mango Markets.  Each party to a Perpetual on Mango Markets also regularly makes or receives payments known as “funding” payments.  Funding payments are calculated based on the midprice of bids and asks for that Perpetual compared to the Oracle price for that Perpetual.  Funding payments are designed to ensure the purchase price for Perpetuals stays close to settlement prices. 

Investors can also engage in “spot” trades on Mango Markets.  In a spot trade, an investor exchanges one cryptocurrency for another, at whatever the prevailing exchange rate between those two cryptocurrencies is at the time of the transaction.

Mango Markets also allows investors to use their deposits and positions as collateral for borrowing and withdrawing cryptocurrency from the Mango Markets exchange.  To borrow through Mango Markets, an investor accesses the Mango Markets website and clicks a button labeled “borrow” that allows the investor to borrow cryptocurrency.  The investor can then withdraw the borrowed cryptocurrency by clicking another button labeled “withdraw.”  The borrowed cryptocurrency comes from cryptocurrency that other investors have deposited in Mango Markets accounts.  The amount that an investor on Mango Markets can withdraw is determined by a formula that looks at, among other things, the value of the cryptocurrency deposited in the investor’s account, the value of the investor’s positions on Mango Markets, and the amount of cryptocurrency that the investor has already borrowed through Mango Markets.  Mango Markets uses a formula to track the relationship between these assets and liabilities, which Mango Markets labels the “health” of the account.  If the “health” of a Mango Markets account falls below a certain threshold, the investor’s positions on Mango Markets can be liquidated

EISENBERG’s Market Manipulation Scheme

EISENBERG engaged in a scheme to steal approximately $110 million by artificially manipulating the price of MNGO Perpetuals on Mango Markets.  To achieve this objective, EISENBERG took a number of steps.  First, EISENBERG used an account that he controlled on Mango Markets to sell a large amount of MNGO Perpetuals and used a separate account on Mango Markets to purchase those same MNGO Perpetuals.  One account that EISENBERG controlled held a “long” position, the value of which would rise if the value of MNGO relative to USDC rose above the threshold of 0.0382 USDC/MNGO (the “Long MNGO Perpetual Position”).  The second account that EISENBERG controlled held a “short” position, the value of which would rise if the value of MNGO relative to USDC fell below 0.0382 USDC/MNGO (the “Short MNGO Perpetual Position”).  EISENBERG was the owner of both positions and had sold to himself, from himself, the MNGO Perpetuals.

Second, EISENBERG made a series of large purchases of MNGO using the stablecoins USDC and USDT on multiple cryptocurrency exchanges with the objective of artificially increasing the price of MNGO relative to USDC and, in turn, the price of MNGO Perpetuals on Mango Markets.  EISENBERG’s manipulative trading caused the price of MNGO Perpetuals on Mango Markets to rise approximately 1300% in a period of approximately 20 minutes.

Finally, as the price of MNGO Perpetuals on Mango Markets rose due to the manipulative purchasing by EISENBERG, the apparent value of the MNGO Perpetuals that EISENBERG had purchased for himself also rose.  Because Mango Markets allows investors to borrow and withdraw cryptocurrency based on the value of their assets on the platform, the artificial increase in the value of the MNGO Perpetuals EISENBERG had purchased from himself allowed him to borrow, and then withdraw, approximately $110 million worth of various cryptocurrencies from Mango Markets, which came from deposits of other investors in the Mango Markets exchange.  EISENBERG withdrew nearly all then-available funds from Mango Markets.  When Eisenberg borrowed and withdrew this cryptocurrency, he had no intention of repaying the borrowed funds but rather intended to steal those funds.

After EISENBERG stopped purchasing MNGO with USDC in connection with his fraudulent scheme, the price of MNGO Perpetuals on Mango Markets – which was no longer being artificially propped up by EISENBERG – collapsed.

AVRAHAM EISENBERG, 27, of San Juan, Puerto Rico, is charged with one count of commodities fraud, which carries a maximum sentence of 10 years in prison; one count of commodities manipulation, which carries a maximum sentence of 10 years in prison; and one count of wire fraud, which carries a maximum sentence of 20 years in prison.

The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge. 

Mr. Williams praised the investigative work of the FBI and further thanked the Department of Homeland Security’s Homeland Security Investigations and the Internal Revenue Service-Criminal Investigation for their assistance with the investigation.  Mr. Williams further thanked the Commodity Futures Trading Commission and the Securities and Exchange Commission, both of which have initiated civil proceedings against EISENBERG, for their cooperation and assistance in the investigation.

This case is being handled by Assistant U.S. Attorneys Thomas Burnett and Noah Solowiejczyk of the Office’s Securities and Commodities Fraud Task Force and Jessica Peck of the National Cryptocurrency Enforcement Team (NCET).

The NCET was created by the Criminal Division to combat the growing illicit use of cryptocurrencies and digital assets.  Under the supervision of the Criminal Division, the NCET conducts and supports investigations into individuals and entities that are enabling the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, mixing and tumbling services, and infrastructure providers. 

The allegations in the Indictment and 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 Indictment and the Complaint, and the description of the Indictment and the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

WILLIAMS, SANCHEZ TO INTRODUCE CO-OP TRANSPARENCY AND REFORM LEGISLATIVE PACKAGE

 

Public Advocate Jumaane D. Williams and Council Member Pierina Sanchez will put forward a package of legislation today aimed at providing long-overdue transparency and reform to the co-op sales and management process. The lawmakers will introduce three bills at today’s Stated Meeting of the City Council, where Council Member Sanchez chairs the Committee on Housing and Buildings, a role formerly held by the Public Advocate.  

The Public Advocate, who has long worked on the issue of co-op sales, approvals, and denials will re-introduce two bills as part of the package, now with the Chair as co-prime sponsor. The first, Int. 915, would require co-ops to provide prospective purchasers with a written statement of each reason for denying a sale within five days after the decision is made. 

The second, Int. 914, would regulate the application process for cooperative apartments in order to ensure that applicants receive timely approvals or denials. It would require a standardized application and list of requirements for prospective purchasers, and mandate that within ten days of receiving those materials, the co-op would be required to acknowledge receipt to the applicant. They would then have to reply to the application within 45 days.

Chair Sanchez and the Public Advocate will also introduce Int. 917, which would require a co-op to disclose its finances to a prospective purchaser after their offer is accepted. The financial information would have to be provided within 14 days of a request by the prospective purchaser. 

Together, these bills would combat a history of discrimination among some co-op board processes, while enabling boards acting in good faith to continue unimpeded. The length and depth of the co-op application, review, and approval process has made such discrimination both more easy to perpetrate and more difficult to identify and prevent. By providing uniform guidelines and a ‘reason requirement’ for rejected applications, the process with be clarified and the standards codified.  

“For too long, a complicated, nebulous, and opaque co-op process has left open the possibility for discrimination and denial of housing to qualified applicants,” said Public Advocate Jumaane D. Williams. “These bills will go a long way toward reining in that process and providing transparency, and I’m proud to partner with Chair Sanchez to get them passed.”

“A long history of discriminatory practices, both overt and more insidious, have longed served as barriers to homeownership for people of color in the United States,” said Council Member Pierina Sanchez, Chair of the Committee on Housing and Buildings. With this legislation, we take strides toward increasing transparency to the byzantine process of purchasing cooperative units in New York City. Boards and shareholders acting in good faith will have nothing to fear, while boards with secretive practices that serve to perpetuate discrimination will need to revisit their practices. I am proud to partner with Public Advocate Jumaane Williams to pass these bills.”

“Co-op disclosure is a long overdue addition to the City Human Rights Law," said Craig Gurian, veteran civil rights lawyer. "The values of civil rights and transparency must trump the secrecy, privilege, and unaccountability that the co-op industry has relied on for so long.”

Governor Hochul Urges New Yorkers to Prepare for Dangerously Cold Temperatures and Extreme Wind Chill this Weekend

Temperatures As Low as -15 Degrees and Wind Chills as Low as -25 to -50 Degrees Expected Late Friday Night Through Saturday for Most Regions Across the State

Extreme Cold Weather Brings Increased Risk of Hypothermia, Frostbite in Minutes; New Yorkers in Impacted Areas Urged to Limit Time Outdoors

Governor Hochul Encourages New Yorkers to Use Caution When Using Portable Space Heaters Indoors and Other Alternate Heating Sources 

 Governor Kathy Hochul today urged New Yorkers to prepare for dangerously cold temperatures and wind chills beginning Friday and continuing through Saturday. Most regions across the state, including Western and Central NY, Finger Lakes, Southern Tier, Mohawk Valley, North Country, Capital Region and Mid-Hudson, are expected to see temperatures as low as -15 degrees and wind chills as low as -25 to -50 degrees for a period lasting almost 48 hours. These extreme cold weather conditions bring an increased risk of hypothermia and frostbite, and fire and carbon monoxide poisoning from alternative heating sources, such as portable space heaters and fuel-burning appliances.

"New Yorkers across the state will experience dangerously cold temperatures and life-threatening wind chills this weekend," Governor Hochul said. "Now is the time to prepare: plan to limit your time outdoors this weekend and know where to take shelter. Take all necessary precautions to ensure your residence is safely heated and use caution if you plan to use an alternative heat source, such as a space heater."

Safety Tips

Frostbite

• To avoid frostbite, stay inside during severe cold.
• If you must go out, try to cover every part of your body: ears, nose, toes and fingers, etc. Mittens are better than gloves. Keep your skin dry and stay out of the wind when possible.
• Drink plenty of fluids since hydration increases the blood's volume, which helps prevent frostbite. Avoid caffeine, alcohol and cigarettes - caffeine constricts blood vessels and prevents warming of extremities, alcohol reduces shivering, which helps keep you warm, and cigarette use shuts off blood flow to your hands.
• If you suspect frostbite, until you can get indoors, don't rub or massage cold body parts. Drink warm liquids, put on extra layers of clothes and blankets, and remove rings, watches, and anything tight.
• Once indoors, don't walk on a frostbitten foot - you could cause more damage. Get in a warm (NOT hot) bath and wrap face and ears in a moist, warm (NOT hot) towel.
• Don't get near a hot stove or heater or use a heating pad, hot water bottle, or a hair dryer. You may burn yourself before feeling returns.
• Frostbitten skin will become red and swollen and feel like it's on fire. You may develop blisters. Don't break the blisters. It could cause scarring.
• If your skin turns blue or gray, is very swollen, blistered or feels hard and numb even under the surface, go to a hospital immediately.

Hypothermia

• Hypothermia is caused by prolonged exposure to cold temperatures, especially in children and the elderly.
• Watch for the following symptoms: inability to concentrate, poor coordination, slurred speech, drowsiness, exhaustion, and/or uncontrollable shivering, following by a sudden lack of shivering.
• If a person's body temperature drops below 95 degrees Fahrenheit, get emergency medical assistance immediately.
• Remove wet clothing, wrap the victim in warm blankets, and give warm, non-alcoholic, non-caffeinated liquids until help arrives.

Protecting Water Pipes

Prevent the mess and aggravation of frozen water pipes, protect your home, apartment, or business by following these steps:

• When it's cold, let cold and hot water trickle at night from a faucet on an outside wall. Open cabinet doors to allow more heat to get to un-insulated pipes under a sink or appliance near an outer wall. Make sure heat is left on and set no lower than 55 degrees.
• If you plan to be away, have someone check your house daily to make sure the heat is still on to prevent freezing, or drain and shut off the water system (except indoor sprinkler systems).
• If pipes freeze, make sure you and your family know how to shut off the water in case pipes burst. Stopping the water flow minimizes damage to your home.
• Never try to thaw a pipe with an open flame or torch.
• Always be careful of the potential for electric shock in and around standing water.
• Call a plumber and contact your insurance agent.

Be "Fire Safe"

Heating equipment is among the leading causes of home fires nationally and in New York State. Take a few simple steps to significantly reduce the possibility of experiencing a heating related fire. No matter how careful you are with home heating, you and your family should be prepared in case fire strikes:

• Buy and carefully maintain a quality smoke and carbon monoxide detector.
• Inspect your home to eliminate or control fire hazards.
• Install at least 5-pound A-B-C type fire extinguishers in the home and teach family members how to use them.
• Establish a well-planned escape route with the entire family.
• Hold practice fire drills until all family members are thoroughly familiar with plan.
• If you have an older home, have the wiring checked by a qualified electrician to make sure it meets current building codes.
• Have your chimney and fireplace cleaned and inspected yearly for creosote build-up, cracks, crumbling bricks or mortar and any obstructions.
• Keep storage areas clean and tidy.
• Keep curtains, towels and potholders away from hot surfaces.
• Store solvents and flammable cleaners away from heat sources. NEVER keep gasoline in the house.
• Inspect extension cords for frayed or exposed wires or loose plugs.

Maintain and Inspect Home Heating Appliances

Proper maintenance and an annual inspection of heat pumps, furnaces, space heaters, wood and coal stoves, fireplaces, chimneys, and chimney connections by qualified specialists can prevent fires and save lives. Follow the manufacturer's instructions for installation, venting, fueling, maintenance and repair. Review the owner's manual to make sure you remember the operating and safety features.

• Space Heaters - Keep space heaters at least 3 feet away from furniture, window treatments, bedding, clothing, rugs, and other combustibles. Avoid the use of extension cords with electric heaters. Always turn off space heaters before leaving the room or going to bed.
• Fuel Burning Appliances - Inspect the shut off mechanism and wick for proper operation. Fill the tank with fresh fuel. Let the heater cool down before refueling. Adding fuel to a hot heater can start a dangerous fire.
• Wood Burning Appliances and Fireplaces - Do not burn trash in the wood stove or fireplace. Burn only well-seasoned hardwoods. Be sure the fire you build fits your fireplace or stove, don't overload it. Be sure wood stoves are installed at least 36 inches away from the wall. Keep combustible materials well away from the fireplace, stove and chimney. Keep the area around them clean. Always use a fireplace screen to prevent sparks from leaving the fireplace and starting a fire. Never leave a fire unattended.
• Chimneys - Creosote accumulation is the leading cause of chimney fires. A chimney that is dirty, blocked or is in disrepair can inhibit proper venting of smoke up the flue and can also cause a chimney fire. Nearly all residential fires originating in the chimney are preventable. An annual chimney inspection by a qualified chimney sweep can prevent fire or carbon monoxide poisoning.
• Ashes - Keep wood stoves and fireplaces free of excess ash buildup. Excessive ash buildup prevents good circulation of air needed for combustion. When removing ashes, use a metal container with a tight-fitting cover. Always place ashes in an outside location away from structures. Ashes that seem cool may contain a smoldering charcoal that can start a fire.

Carbon Monoxide

• Carbon monoxide is produced anywhere that fuel is burned and is the leading cause of accidental poisoning deaths in the United States.
• Carbon monoxide is an odorless, tasteless and invisible killer, and the ONLY safe way to detect it is with a carbon monoxide alarm.
• Carbon monoxide alarms range in price from $20 to $50 depending on additional features.
• Symptoms of carbon monoxide poisoning include sleepiness, headaches and dizziness.
• If you suspect carbon monoxide poisoning, ventilate the area and get to a hospital.

Other Heating Safety Tips

• Make sure chimneys and vents are checked for blockages, corrosion, and loose connections.
• Open flues completely when fireplaces are in use.
• Use proper fuel in space heaters.
• Never burn charcoal or a barbecue grill inside a home or enclosed space.
• Never use portable fuel-burning camping equipment inside a home, garage, or vehicle
• Never leave a car running in an attached garage, even with the garage door open.
• Never operate unvented fuel-burning appliances in any room where people are sleeping.
• Never use the kitchen stove for heating a house.
• Never run a gas-powered generator in a garage, basement, or near any overhang on the home. Keep it at a distance.

The New York Office of State Parks, Recreation and Historic Preservation cautions patrons to check the status of the site they intend to visit and to dress accordingly for extreme conditions. In cold temperatures, your body begins to lose heat faster than it can be produced, which can lead to serious health problems.

Whether hiking, snowmobiling, snowshoeing, cross country skiing or simply taking a walk, dress in layers to protect your body. Frostbite can be drastically reduced when wearing the proper outdoor apparel. OPRHP strongly cautions against wearing any cotton layer since it does not wick moisture created by perspiration and freezes once it is wet. We recommend polyester blends, silk, or other synthetic fabrics to wick moisture away from the skin. Fleece, wool or polyester are the best choices. Several thin, loose layers are better than one thick layer. Wear a hat. Mittens are better than gloves.

For snowmobilers, your outside shell should be windproof and waterproof. Acrylic or synthetic materials are the most popular fabrics. If you plan to travel near or on ice, get a suit that comes equipped with approved floatation. Wear approved helmets, facemasks, goggles, balaclavas and gloves.

For your feet, again, never wear cotton socks and bring an extra pair just in case. Good boots will keep your feet warm, comfortable and protected from water. The best material is a combination of a rubber, waterproof bottom with a good sole for traction and a nylon or synthetic upper high enough to repel snow. Choose boots that fit well and are comfortable for a long day. If they are too tight, it can cut off circulation and your feet will get cold. More information on safe snowmobile safety is available here.

Statement from Speaker Adrienne Adams on Governor Kathy Hochul’s Fiscal Year 2024 Executive Budget

 

“Governor Hochul’s FY24 Executive Budget proposal lays out encouraging investments in housing, education, and healthcare that are critical to New York’s recovery and success. The inclusion of significant funding for our city to provide services for people seeking asylum in our country is desperately needed and appreciated. We look forward to further examining Governor Hochul’s proposed budget and working with her Administration and the State Legislature on key shared priorities, including housing, mental health, and community safety.”