Thursday, May 11, 2023

Fifth Defendant Sentenced To 48 Months In Prison For Large-Scale Trafficking Of Rhinoceros Horns And Elephant Ivory And Heroin Conspiracy

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that ABDI HUSSEIN AHMED, a citizen of Kenya, was sentenced to 48 months in prison for conspiring to traffic large quantities of rhinoceros horns and elephant ivory — both protected wildlife species — worth millions of dollars that involved the illegal poaching of more than approximately 35 rhinoceros and more than 100 elephants, as well as for conspiring to distribute and possess with intent to distribute one kilogram or more of heroin.  The sentence was imposed earlier today by U.S. District Judge Gregory H. Woods.

AHMED is the fifth and final member of these conspiracies to be sentenced in a case prosecuted over the course of several years, and which has involved the extradition of multiple individuals from several countries in Africa.  AHMED’s co-conspirators were previously sentenced to substantial prison terms by Judge Woods.  Specifically, MOAZU KROMAH, a/k/a “Ayoub,” a/k/a “Ayuba,” a/k/a “Kampala Man,” a citizen of Liberia, was sentenced to a prison term of 63 months; AMARA CHERIF, a/k/a “Bamba Issiaka,” a citizen of Guinea, was sentenced to a prison term of 57 months; MANSUR MOHAMED SURUR, a/k/a “Mansour,” a citizen of Kenya, was sentenced to a prison term of 54 months; and BADRU ABDUL AZIZ SALEH, a/k/a “Badro,” a citizen of Kenya, was sentenced to a prison term of 42 months.

According to the charging and other documents filed in the case, as well as statements made in court proceedings:

KROMAH, CHERIF, SURUR, and AHMED were members of a transnational criminal enterprise (the “Enterprise”) based in Uganda and surrounding countries that was engaged in the large-scale trafficking and smuggling of rhinoceros horns and elephant ivory, both protected wildlife species.  Trade involving endangered or threatened species violates several U.S. laws, as well as international treaties implemented by certain U.S. laws.

From at least in or about December 2012 through at least in or about May 2019, KROMAH, CHERIF, SURUR, and AHMED conspired to transport, distribute, sell, and smuggle at least approximately 190 kilograms of rhinoceros horns and at least approximately 10 tons of elephant ivory from or involving various countries in East Africa, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers located in the United States and countries in Southeast Asia.  Such weights of rhinoceros horn and elephant ivory are estimated to have involved the illegal poaching of more than approximately 35 rhinoceros and more than approximately 100 elephants.  In total, the estimated average retail value of the rhinoceros horns involved in the conspiracy was at least approximately $3.4 million, and the estimated average retail value of the elephant ivory involved in the conspiracy was at least approximately $4 million.

Typically, the defendants exported and agreed to export the rhinoceros horns and elephant ivory for delivery to foreign buyers, including a buyer represented to be in Manhattan, in packaging that concealed the rhinoceros horns and elephant ivory in, among other things, pieces of art such as African masks and statues.  The defendants received and deposited payments from foreign customers that were sent in the form of international wire transfers, some of which were sent through U.S. financial institutions, and paid in cash.

On or about March 16, 2018, law enforcement agents intercepted a package containing a black rhinoceros horn sold by the defendants that was intended for a buyer represented to be in Manhattan: 

Photo of a black rhinoceros horn sold by the defendants

From in or about March 2018 through in or about May 2018, the defendants offered to sell additional rhinoceros horns of varying weights, including horns weighing up to approximately seven kilograms.  On or about July 17, 2018, law enforcement agents intercepted a package containing two rhinoceros horns weighing over five kilograms that were sold by the defendants and intended for a buyer represented to be in Manhattan:

Photo of a rhinoceros horn sold by the defendants

Separately, from at least in or about August 2018 through at least in or about May 2019, SURUR, AHMED, and SALEH conspired with others to distribute and possess with intent to distribute a large quantity of heroin to a buyer represented to be located in New York.

KROMAH was arrested in Uganda on June 12, 2019, and expelled to the United States on June 13, 2019.  CHERIF was arrested in Senegal on June 7, 2019, and extradited to the United States on April 2, 2020.  SURUR was arrested in Kenya on July 29, 2020, and extradited to the United States on January 25, 2021.  SALEH was arrested in Kenya on May 30, 2022, and extradited to the United States on June 17, 2022.  AHMED was arrested in Kenya on August 1, 2022, and extradited to the United States on September 3, 2022.  The defendants all have been detained since their arrest and arrival in this country.

KROMAH, 53, of Liberia; CHERIF, 58, of Guinea; SURUR, 62, of Kenya; and AHMED, 49, of Kenya, each pled guilty to one count of conspiracy to commit wildlife trafficking.  In addition, KROMAH and CHERIF both pled guilty to two counts of wildlife trafficking.  SALEH, 52, of Kenya, SURUR, and AHMED each pled guilty to one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin.

Mr. Williams praised the outstanding investigative work of the U.S. Fish and Wildlife Service and the U.S. Drug Enforcement Administration, and he thanked law enforcement authorities and conservation partners in Uganda and Kenya, including the Uganda Wildlife Authority, the Uganda Office of the Director of Public Prosecution, the Uganda Police Force, the Kenya Directorate of Criminal Investigations, and the Kenyan Office of the Director of Public Prosecutions, for their assistance in this investigation.  Mr. Williams also thanked the U.S. Department of Justice’s Office of International Affairs and the Department of State for their invaluable assistance, which made it possible to secure the arrest and return of these five defendants from Kenya, Senegal, and Uganda to the United States.

Joint Statement from Climate Action Council Co-Chairs Basil Seggos, DEC Commissioner, and Doreen Harris, President and CEO, NYSERDA On EPA’s Proposed New Carbon Pollution Standards for Fossil Fuel-Fired Power Plants:

 

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We applaud Administrator Regan and the Environmental Protection Agency (EPA) for taking action today to reduce greenhouse gas emissions from fossil fuel-fired power plants. It is imperative for national climate advancement that EPA finalizes regulations that create an effective program for reducing power plant emissions.

By continuing to utilize the authority granted to EPA under the federal Clean Air Act, if finalized, today’s actions will complement State efforts, including under the multi-state Regional Greenhouse Gas Initiative and development of New York’s economy-wide Cap-and-Invest Program, to reduce emissions and combat climate change as directed by New York’s nation-leading Climate Leadership and Community Protection Act.

We’re proud to continue to work closely with the EPA to reduce emissions and ensure a cleaner, greener environment for future generations. We look forward to reviewing the details of this complex suite of proposals.

Speaker Adams, Council Members, Advocates, and Unions Unveil Fair Housing Framework Legislation to Set Local Affordable Housing Targets for Production, Preservation, Voucher Use, Anti-Displacement Resources, and Equity Investments

 

New York City Council Speaker Adrienne Adams unveiled her Fair Housing Framework legislation alongside Council Members, housing advocates, and labor unions. The Speaker’s bill would require the Department of Housing Preservation and Development (HPD) and Department of City Planning (DCP) to establish targeted housing production goals for each Community District to ensure each New York City neighborhood plays an equitable role in addressing the city’s housing crisis while accounting for unique community needs. The framework would help address housing production and investment disparities that have kept high-opportunity neighborhoods from equitably contributing to affordable housing development and communities experiencing underinvestment without sufficient resources. The bill represents the next step in Speaker Adams’ Housing Agenda and is

A brief on the legislation can be found here.

“To deliver real relief for New Yorkers, we must prioritize equitable and affordable housing development that matches the need in our city,” said Speaker Adrienne Adams. “ a cornerstone alongside her Planning & Land Guidelines and Toolkit.This Fair Housing Framework legislation will not just advance the goal of building truly affordable housing for New Yorkers, but also build stronger and healthier neighborhoods. Permanent housing is the key to safety and stability, and by investing in equitable affordable housing production, we can ease the stressors that exacerbate other citywide challenges. I look forward to working in partnership with all stakeholders to give working families across the five boroughs a real chance at building their legacy in this city. thank my Council colleagues for their support, housing advocates for their leadership, and our partners in labor for their commitment to uplifting all New Yorkers.”

The Fair Housing Framework legislation includes:

A Strategic Equity Framework specifying policy goals and strategies to:

  •   Increase low-income affordable housing production and preservation and voucher utilization in high opportunity community districts;
  •   Increase the number of low-income affordable housing units that are preserved and the availability and effectiveness of anti-displacement resources in high displacement-risk community districts;
  •   Increasing the amount of neighborhood equity investments in underserved community districts, especially those that have experienced significant housing development

A Citywide Housing Needs Assessment to determine the total number and type of housing units that need to be produced or preserved citywide to achieve affordable access to housing for all households of all socio-economic backgrounds

  •   The assessment will consider criteria including rent burden, demographic trends and the previous and projected growth of population, jobs and housing for 10 years

Citywide housing production targets for a five-year period for:

  •   Total housing units
  •   Low-income Affordable housing
  •   Supportive Housing
  •   Units to accommodate aging households
  •   Affordable Housing Preservation

Citywide housing targets for the Community Districts that include the above metrics and consider the following criteria:

Public Engagement

  •   HPD and DCP will consult with stakeholders, advocates and policy experts and hold at least 1 public meeting in each borough at least six months before submission of the plan

Housing production in New York City has significantly fallen behind population growth – only 200,000 new units were created compared to over 600,000 new residents. From 2014-2021, 23 Council Districts produced over 1,000 units of housing with only five Districts producing more than 3,000 units.

“In 2018, 81.6 percent of white or Black New Yorkers would have had to move to a new neighborhood to achieve a more equal racial distribution in our city, highlighting an uncomfortable truth. New York City is one of the most segregated metropolitan areas in America, following a history of government and private sector practices – like redlining, blockbusting, unequal access to financing, real estate steering and exclusionary zoning – that served to exclude Black and Brown New Yorkers and low-income people from certain neighborhoods,” said Council Member Pierina Sanchez, Chair of the Committee on Housing & Buildings. “I am proud to stand with Speaker Adrienne Adams today in announcing landmark legislation that will require the production of a Citywide Fair Housing Plan every five years. The Speaker’s bill thrusts our City once again into leadership on policy seeking to end systems of discrimination and blocked opportunities. A citywide Fair Housing plan that includes targets for low-income and supportive affordable housing at the community district level and calls for anti-displacement resources and investments in underserved communities, will lead us to a fairer, more just city for all.”

“New York City is in the midst of a housing crisis unlike anything we’ve ever experienced,” said Council Member Rafael Salamanca, Chair of the Committee on Land Use. “At a time when more than 70,000 New Yorkers are sleeping in homeless shelters, and the city’s population growth far exceeds the number of new units produced each year, the time is now for the New York City Council to take bold legislative action that will create affordable housing across New York City; Speaker Adrienne Adams’ Fair Housing Framework does just that. In the South Bronx, I’ve approved over 8,000 units of affordable housing, including 6,000 units of new construction since being elected to office. The reality, though, is the South Bronx can’t solve the housing crisis alone. It takes a true citywide approach and buy-in from all 51 districts. I commend Speaker Adams for her leadership on this issue and look forward to working with my colleagues to implement this meaningful legislation.”

NYS Office of the Comptroller DiNapoli: State Agency Overtime Costs Grew By 47.2% in 2022, Marking An All-Time Hig

 

Office of the New York State Comptroller News

Attrition of State Workers Accelerated, Decline in Size of Workforce Continues Long-term Trend

Overtime costs at state agencies rose 47.2% to more than $1.36 billion in 2022, setting a new record, according to a report released today by State Comptroller Thomas P. DiNapoli. Overtime hours increased 11.1% to 22.2 million over the same period. Overtime earnings comprised 7.5% of total payroll spending in 2022, a significant increase from the 4.6% average from 2013-2021.

“The workforce is the backbone of state government and many of the employees working overtime ensure that essential services are provided,” DiNapoli said. “People leaving state jobs drastically outpaced hiring in 2020 and 2021, and the sharp decline in the size of the workforce spurred longer hours on the job for many. However, overtime is not a long-term substitute for proper staffing levels. State agencies should ensure that overtime use is justified and that employees are not pushed to the point of burning out.”

Annual

Key Findings:

  • Three agencies accounted for more than two-thirds of the state’s overtime including the Office for People With Developmental Disabilities (OPWDD), the Department of Corrections and Community Supervision (DOCCS) and the Office of Mental Health (OMH). Together they comprised 24% of the workforce but accounted for 67.5% of the overtime hours and 68.5% of the overtime earnings logged by all state agencies in 2022.
  • Overtime hours at the City University of New York (CUNY) and the Office of Children and Family Services increased more than 67% and 40%, respectively. Overtime earnings grew more than 51% and 112%, respectively.
  • Fewer than 1 in 5 state agency employees work overtime. Six state agencies had more than 25% of their workforce accruing overtime in 2022. Veterans’ Homes and OPWDD had the highest shares, at 52.1% and 52% respectively, followed by the State Police at 44.2%.
  • Pay per overtime hour averaged $61.41. This rate is almost one-third higher than in 2021. The State Police paid the highest average hourly rate, at $85.23 per overtime hour. OMH paid the next highest, at $71.30, followed by Children and Family Services at $67.98. The latter two agencies’ overtime pay per overtime hour went up over 61% and 51% respectively in 2022 compared to 2021.

State Workforce Trends

During the 10-year period, the average annual number of employees working for the state, excluding SUNY and CUNY, declined from 160,829 employees in 2013 to roughly 142,396 in 2022 – a drastic reduction from 15 years ago when the state workforce size was over 180,000.

The 2021 rate of attrition was the highest in the last ten years, with 16,858 people leaving the workforce, an increase of 26% from the prior year. New hiring declined sharply in 2020 but rebounded in 2021, though not nearly enough to match attrition.

new

Report

New York State Agency Use of Overtime and State Workforce Trends, 2013-2022

Attorney General James Sues Gun Accessory Manufacturer for Aiding Buffalo Shooter

 

Mean Arms Sells a Magazine Lock that Can Easily Be Removed to Attach High-Capacity Magazines, Which Violates NY’s Ban on Assault Weapons

Buffalo Shooter Removed Mean Arms’ Magazine Lock on the Gun Used to Murder 10 People at Tops Grocery Store

New York Attorney General Letitia James today filed a lawsuit against a gun accessory manufacturer, MEAN LLC (Mean Arms), for aiding the illegal possession of assault weapons in New York, including the weapon used in the mass shooting in Buffalo in May 2022. New York law bans the possession of assault weapons and high-capacity magazines that hold more than 10 rounds of ammunition. Mean Arms manufactures, sells, and distributes a magazine lock, known as the MA Lock, that is marketed as a device to lock a magazine onto a semiautomatic rifle. However, the lock can easily be removed so that detachable magazines, including high-capacity magazines that hold more than 10 rounds of ammunition, can be inserted into a rifle.

In January 2022, the Buffalo shooter purchased a used AR-15 that had an MA Lock installed. According to his manifesto, he was able to easily remove the MA Lock from the AR-15 within a few minutes at home and add 30 round detachable magazines that he used to murder 10 people and injure three others. The lawsuit alleges that the company deceptively and falsely advertises that installing an MA Lock on a weapon makes it legal in New York, thereby aiding and abetting the illegal possession of assault weapons in New York. Through her lawsuit, Attorney General James seeks to stop Mean Arms from doing business in New York and to require the company to pay restitution, damages, and civil penalties for its illegal practices that violated state laws and caused irreparable harm.

“The racist mass shooting at the Tops grocery store in Buffalo was one of the darkest days in the history of our state and our nation,” said Attorney General James. “We lost 10 innocent lives because a hate-fueled individual was able to make an AR-15 even deadlier through a simple change at home. Mean Arms sells the MA Lock device knowing that it can be easily removed to make guns more dangerous, and even gives directions on how to take this action. We cannot undo the devastating harm that was done, but this lawsuit against Mean Arms is part of our ongoing effort to pursue justice for the ten innocent lives that were unjustly taken.”

Mean Arms is a Georgia-based company that makes, sells, and distributes the MA Lock, which according to Mean Arms, is a shear bolt mechanism designed to lock a detachable magazine in place on a semiautomatic rifle. The company sells the MA Lock to New York buyers directly and through third party sellers and deceptively and falsely claims that the product makes weapons compliant with New York’s gun laws. However, the MA lock does not remove a semiautomatic rifle’s capacity to accept a detachable magazine or convert illegal assault weapons into legal weapons in New York.

In fact, the Office of the Attorney General (OAG) found that the company provides step-by-step instructions on the back of its product packaging on how to easily remove the lock. The back of the packaging of the MA Lock states:

Removal Instructions:

  1. Make sure the firearm chamber is CLEAR, UNLOADED and POINTED IN A SAFE DIRECTION!
  2. Use any brand of screw extractor from your local hardware store (some brands may work better than others. We prefer a #2 Speed out).
  3. To remove the threaded portion of the shear nut left in the MA LOCK sleeve, place the screw extractor into the center of the threaded portion of the shear nut and remove counterclockwise (Please refer to the screw extractor’s instructions for best use).
  4. Now you may remove the MA LOCK SLEEVE.
MA Lock packaging with instructions to install and remove lock

Online videos also show how gun owners can easily remove the lock. Removing the lock allows shooters to use detachable magazines, including high-capacity magazines. The use of these magazines enables a shooter to keep firing rounds without stopping or pausing to reload, increasing the deadliness of an attack.

In January 2022, the Buffalo shooter purchased a semiautomatic rifle in New York with a MA Lock installed and a 10-round magazine. The shooter easily removed the MA Lock from the weapon within a few minutes using a #2 speed out drill bit, the same tool advised in Mean Arms’ removal instructions, and a power drill readily available in his family home.

On May 14, 2022, the shooter inserted multiple 30 round detachable magazines onto his weapon, because he was able to remove the MA Lock. With a pistol grip and the high-capacity magazines, he did not have to stop to reload and when he did reload, he could do so quickly, adding to the deadliness of the attack. He killed 10 people and injured three others.

Through her lawsuit filed in New York State Supreme Court, Attorney General James seeks to require Mean Arms to pay restitution and damages for its illegal practices that violated the statute and caused compensable injuries; stop selling, shipping, or distributing the MA Lock to any person within New York state; pay civil penalties; and disgorge all revenues wrongfully obtained. Attorney General James also seeks to require the company to issue corrective statements regarding their false and misleading public statements on the MA Lock.

Attorney General James would like to thank Everytown for Gun Safety for their partnership in this effort.

Today’s action continues Attorney General James’ efforts to protect New Yorkers from gun violence and enforce New York’s responsible gun safety laws. Last month, Attorney General James removed more than 3,000 guns off New York’s streets in a single day through the first-ever statewide gun buyback program, and has removed over 7,000 guns from New York since taking office. In March, Attorney General James took down a ghost gun and narcotics trafficking ring, removing 19 firearms including 12 ghost guns and six high-capacity magazines.

In June 2022, Attorney General James filed a landmark lawsuit against 10 national gun distributors for illegally bringing ghost gun kits into New York and fueling the gun violence crisis. In March, Attorney General James secured a court order stopping the 10 national gun distributors from selling and shipping ghost gun kits into New York. In November 2022, Attorney General James cracked down on online ammunition sellers for illegally shipping ammunition into New York and failing to keep records of the sale. In September 2019, Attorney General James sent cease and desist letters to a number of websites selling ghost gun parts and in July 2020, Attorney General James announced that all those companies had complied with her cease and desist letters

Statement from New York City Comptroller on Mayor Adams’ Executive Order on Right to Shelter

 

New York City Comptroller Brad Lander issued the following statement:

“The right to shelter is a longstanding legal obligation that makes New York City stand apart from our peers as a safe and humane place for people without a home of their own. We do not need to roll shelter safety protections back, and we should not. With more support from Washington and with overdue action from the Adams Administration to provide the assistance that will help asylum seekers get on their feet and move out of shelter, we can face this challenge with both compassion and common sense.”

MAYOR ADAMS SIGNS LEGISLATION REQUIRING NYPD TO TRAIN OFFICERS ON HOW TO INTERACT WITH PEOPLE WITH AUTISM SPECTRUM DISORDER

 

New York City Mayor Eric Adams today signed Intro. 273-B, which will require the New York City Police Department (NYPD) to provide training to officers on how to recognize and interact with people with autism spectrum disorder (ASD).

 

“Equipping ‘New York’s Finest’ with the tools to better interact with people with autism spectrum disorder is critical to advancing safety and justice for all New Yorkers,” said Mayor Adams. “The legislation we are signing today will ensure the NYPD continues to serve all communities across our city fairly and equitably, and we thank Councilmember Narcisse for her partnership.”

 

“Public safety depends on the respectful and fair treatment of all communities, and the Adams administration is committed to advancing that mission across our entire public safety apparatus,” said Deputy Mayor for Public Safety Philip Banks III. “This legislation will help us build on the gains we have made under Mayor Adams and ensure New York City remains the safest big city in America.”

 

“The women and men of the New York City Police Department are fully dedicated to our mission of enhancing public safety by meeting the needs of everyone we serve,” said NYPD Commissioner Keechant L. Sewell. “This new training will inform and educate our officers about the expression of autism spectrum disorder, and provide practical guidance about recognizing and interacting with people with autism.”

 

Wednesday, May 10, 2023

NYC PUBLIC ADVOCATE RESPONDS TO THE MAYOR'S EXECUTIVE ORDER WEAKENING THE 'RIGHT TO SHELTER' - Emergency Executive Order 402

 

"The right to shelter, a right codified by my Homeless Bill of Rights which passed last month, has been our legal and moral obligation for decades. The mayor attempting to weaken those rights now—in a moment of immense need for so many asylum seekers—is a misguided and harmful action in the face of the real, urgent challenge exacerbated by a lack of decisive and timely state and federal action.


"Denying rights and resources to people arriving in desperate need and fervent hope will not replace action needed from the President, who has failed to provide sufficient federal funding or a national response, or the Governor, who has failed to support the city, and therefore the state, by coordinating with other municipalities. Instead, this action will only harm our newest, aspiring and long-term New Yorkers and shift, not solve, the crisis. While it is clear that the current situation is unsafe and unsustainable, we need Democratic leaders on all levels of government to focus on getting the support needed to uphold the right to shelter, not undercut it."



Emergency Executive Order 402

May 10, 2023

WHEREAS, over the past several months, thousands of asylum seekers have been arriving in New York City, from the Southern border, without having any immediate plans for shelter; and

WHEREAS, the City now faces an unprecedented humanitarian crisis that requires it to take extraordinary measures to meet the immediate needs of the asylum seekers while continuing to serve the tens of thousands of people who are currently using the DHS Shelter System; and

WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in Emergency Executive Order No. 224, dated October 7, 2022; and

WHEREAS, the state of emergency based on the arrival of thousands of individuals and families seeking asylum, first declared in Emergency Executive Order No. 224, dated October 7, 2022, and extended most recently by Emergency Executive Order No. 398, dated May 5, 2023, remains in effect;

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby order that section 2 of Emergency Executive Order No. 398, dated May 5, 2023, is extended for five (5) days.

§ 2 I hereby suspend the following sections of the Administrative Code:

(a) 21-124;

(b) 21-313, to the extent it sets a deadline for the City’s temporary shelter placements; and

(c) 26-521, to the extent such provision gives rights to individuals in need of shelter or housing because of the circumstances that led to the state of emergency and who have been occupants of dwelling units for 30 or more days, or creates a landlord-tenant relationship between any individual assisting with the response to the state of emergency or any individual in need of shelter or housing because of the circumstances that led to the state of emergency, and any individual or entity, including but not limited to any hotel owner, hospital, not-for-profit housing provider or any other person or entity who provides temporary housing for a period of thirty days or more solely for purposes of assisting in the response to the state of emergency.

§ 3. This Emergency Executive Order shall take effect immediately and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date whichever occurs first.

Eric Adams
Mayor