Monday, May 3, 2021

BRONX MAN PLEADS GUILTY TO STABBING TWO WOMEN, ONE FATALLY, IN SEPARATE INCIDENTS IN BRONX

 

Defendant Pleaded Guilty to Manslaughter and Assault; Will Be Sentenced to 24 ½ Years in Prison

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has pleaded guilty to first-degree Manslaughter and first-degree Assault for stabbing a woman to death and for wounding another woman in separate incidents in the Bronx within six hours last November. 

 District Attorney Clark said, “The defendant pleaded guilty today to two atrocious crimes. The defendant used a butcher knife to stab a woman on a street, causing serious injuries, and six hours later he wielded that knife to ferociously stab another woman multiple times, causing her death.” 

 District Attorney Clark said the defendant, Baron George, 38, of 3339 Kingsland Avenue, today pleaded guilty to first-degree Manslaughter and first-degree Assault before Bronx Supreme Court Justice Martin Marcus. He is scheduled to be sentenced on June 28, 2021 to 24 and a half years in prison and five years post-release supervision for the fatal stabbing, and five years in prison and five years post release supervision for the assault, both sentences to be served concurrently.

 According to the investigation, on November 22, 2020 at approximately 3:40 AM at Bullard Avenue and East 236th Street, the defendant and the victim were in his car when he grabbed the victim’s head and forced it towards his pelvic area. After the victim refused to perform a sexual act on him, the defendant stabbed her multiple times in the back and arm with a butcher knife, causing substantial pain and serious physical injury. 

 According to the investigation, on November 22, 2020 at approximately 9:37 a.m. inside of a motel at 2291 New England Thruway, the defendant stabbed Brizjel Kemp, 38, with a butcher knife multiple times in her body causing her death.

  The defendant fled to New Jersey, where he was arrested for allegedly stabbing a woman in Galloway. The victim in that incident survived. George was arrested on December 5, 2020 for the incidents that occurred in the Bronx.

 District Attorney Clark thanked Detective Sheldon Smith of Bronx Homicide and Detective Mark Moccia of the 47th Precinct for their assistance in the investigation.

Governor Cuomo, Governor Murphy and Governor Lamont Announce Significant Easing Of COVID-19 Pandemic Restrictions on Businesses, Gatherings and Venues

 

New York, New Jersey and Connecticut to Lift Most Industry Capacity Restrictions Beginning May 19 Given Vaccination Progress and COVID-19 Case Decline

Business Capacity Limits to Be Replaced with Space Available to Maintain Six Feet of Social Distancing on May 19 in New York and New Jersey

Outdoor Social Gathering Limit Increases to 500 on May 10 in New York; Indoor Social Gathering Limit Increases to 250 on May 19 in New York

Outdoor Residential Gathering Limit is Removed and Indoor Residential Gathering Limit Increases to 50 on May 19 in New York

Large-Scale Indoor Venue Capacity Increases to 30% and Large-Scale Outdoor Venue Capacity Increases to 33% on May 19, Proof of Vaccination or Recent Negative Test Still Required in New York


 Governor Andrew M. Cuomo, New Jersey Governor Phil Murphy and Connecticut Governor Ned Lamont today announced a significant easing of COVID-19 pandemic restrictions on the region's businesses, venues and gatherings given significant progress in vaccinations and sustained reduction in COVID-19 cases and hospitalizations. 

"The tide is turning against COVID-19 in New York, and thanks to our increasing vaccination rates, as well as our successful, data-based regional approach, we're able to take more steps to reopen our economy, help businesses and workers, and keep moving towards returning to normal," Governor Cuomo said. "Thanks to the hard work of New Yorkers and our partners in government, we are now able to increase capacity limits for businesses, event venues and residences to reflect what we're seeing in the COVID data. Maintaining this progress is critical and in order to keep moving in a positive direction, New Yorkers must continue to take all the proper precautions. If we let up now, we could slide backwards and that is something nobody wants. So, let's be safe and for anyone who has yet to be vaccinated, please do so as soon as you can. With the addition of walk-in appointments, we've made it as easy as every to get your shot, so there are truly no excuses."

Governor Phil Murphy said, "With our COVID-19 numbers, particularly hospitalizations, trending decisively in the right direction and our vaccination goals within reach, now is the time to take major steps to reopen our economy and loosen both indoor and outdoor gathering and capacity restrictions. We've done this the right way, in partnership with our neighboring states of New York and Connecticut, and by allowing data, science, and public health to guide our decision-making. Over these next few weeks, I encourage all remaining eligible New Jerseyans to get vaccinated so we can continue fighting back against this virus and move toward a 'new normal' for ourselves, our neighbors, and our loved ones."

Governor Ned Lamont said, "Our region has led by example since the beginning of the pandemic, taking the virus seriously and working collaboratively across state lines to the benefit of all of our residents. We were able announce the elimination of business restrictions due to a nation-leading vaccine distribution program which benefits all Connecticut residents, and our neighbors in New York and New Jersey."

Governor Andrew M. Cuomo

New York and New Jersey Announce Today:

Social Distance-based Business Capacities

Effective May 19, most business capacities—which are currently based upon percentage of maximum occupancy—will be removed in New York and New Jersey. Businesses will only be limited by the space available for patrons or parties of patrons to maintain the required social distance of 6 feet. This new distance-based maximum capacity will apply across commercial settings, including retail, food services, gyms and fitness centers, amusement and family entertainment, hair salons, barber shops and other personal care services, among other settings. It will also apply in houses of worship.

Increase in Social and Residential Gathering Limits

In New York beginning May 10, the outdoor social gathering limit will increase from 200 to 500 people. Beginning May 19, the indoor social gathering limit will increase from 100 to 250 people. Also, the outdoor residential gathering limit of 25 people will be removed, reverting to the social gathering limit of 500 people with space for appropriate social distancing, and the indoor residential gathering limit will increase from 10 to 50 people. In New York, any event gatherings in excess of the social gathering limits may only occur if all individuals present proof of full vaccination status or recent negative COVID-19 test result.

Event Venues

Congregate commercial and social events in New York—such as those at venues that host sports competitions, performing arts and live entertainment, and catered receptions—can exceed the social gathering limits of 500 people outdoors or 250 people indoors if all attendees over the age of four present either proof of full vaccination status or recent negative COVID-19 test result and the required social distancing can be accommodated. 

Starting May 19, large-scale indoor event venues will operate at 30 percent capacity, which is an increase from the current 10 percent capacity limit. Large-scale outdoor event venues will operate at 33 percent. Social distancing, masks, and other applicable health protocols will still apply, including the requirement of attendee proof of full vaccination or recent negative COVID-19 test result.

Industry Reopening Requirements

While most industry capacity restrictions will be lifted, industry-specific requirements will remain in effect for a longer period of time, including state or local health authority event notification, health screening, contact information for tracing, enhanced air handling and building system standards, hand hygiene, and environmental cleaning and disinfection protocols. The State will continue to provide additional guidance on these provisions as they apply to each industry.

Today's announcement builds on Governor Cuomo's recent measures to further reopen the economy amid a steady decline in New York's COVID-19 positivity and hospitalization rates. On April 30, Governor Cuomo announced that New York City indoor dining will expand to 75 percent capacity beginning May 7, bringing New York City in line with the rest of New York. The Governor also announced that hair salons, barber shops and other personal care services will expand to 75 percent capacity beginning May 7. New York City gyms and fitness centers will expand to 50 percent capacity beginning May 15. On April 28, Governor Cuomo announced that the food and beverage service, and catered event, curfews would end this month.

Connecticut Previously Announced:

  • Starting May 1: The elimination of outdoor restrictions including limits on table sizes, and the requirement that food be served with alcohol
  • Starting May 19: The elimination of all remaining business restrictions including those on capacity limits at large event venues in the state

244 Days and Counting

 


I can't wait for January 1, 2021. No more having to worry about all of New York City's problems, and the man who thinks he is a king up in Albany. Then there is the Democratic controlled state legislature who are passing laws, but have to go back and change them because there are loopholes big enough to drive a truck through. Charlene are we ready to go on January 1st? 


49th Precinct Community Comes out to Support Their Local Police Officers

 


Members of the communities that the 49th Precinct covers came to the Precinct House to say Thank you, We support you, and We stand with you the officers of the 49th Precinct who serve and protect us. 

This rally to support the officers of the 49th Precinct was organized by the leaders of the 49th Precinct Council and Councilman Mark Gjonaj. 


49th Precinct Council President Joe Thompson (a former police officer) tells how things are different, and what police officers have to go through since he was on the police force.


Councilman Mark Gjonaj thanks the officers of the 49th Precinct for the great job they do keeping the citizens of the precinct safe. He added that if it isn't the mayor it's City Council, or the state legislature that makes a police officers job harder every year with new laws that restrict what they can do to protect the public.


Deputy Inspector Natiw the commanding officer of the 49th Precinct was excited at the show of support for his police officers by the community they serve, and said that they do the best job possible that the city and state will allow them to do.


Pastor J. Gooding said the closing prayer so that the officers of the 49th Precinct go out and come back from their shifts safe, as they do every day they go out on patrol.

The 49th Precinct serves a northeastern portion of the Bronx including Allerton, Morris Park, Van Nest, Pelham Parkway, Eastchester Gardens, and Pelham Gardens.

Governor Cuomo Announces Single-day COVID-19 Positivity Rate Drops Below 1.5 Percent for First Time Since October 28 May 2, 2021

 

Statewide Positivity Rate Drops to 1.49%

Statewide 7-Day Average Positivity Rate Drops to 1.84%—Lowest Since November 6

Hospitalizations Drop to 2,535—Lowest Since November 20; Down 33 Percent Over the Last Two Weeks

ICU Patients Drop to 637—Lowest Since November 26

Intubations Drop to 406—Lowest Since December 3

33 COVID-19 Deaths in New York State Yesterday


 Governor Andrew M. Cuomo today announced that the statewide COVID-19 positivity rate dropped to 1.49 percent yesterday, dropping below 1.5 percent for the first time since October 28.

"Every single day, New York State is moving forward in the footrace between the infection rate and the vaccination rate. More New Yorkers are getting vaccinated and hospitalizations are declining, which is good news, but we need New Yorkers to stay vigilant to make sure we don't lose any of the progress we've made," Governor Cuomo said. "Washing hands, wearing masks and staying socially distanced are critical behaviors each of us can practice, individually and in our communities, to slow the spread. In the meantime, New York is continuing to make the vaccine more accessible and open more pop-up sites. Spring is here and we're making progress, but there's a way to go before we reach the light at the end of the tunnel."

Today's data is summarized briefly below: 

  • Test Results Reported - 191,257
  • Total Positive - 2,849
  • Percent Positive - 1.49%
  • 7-Day Average Percent Positive - 1.84%
  • Patient Hospitalization - 2,535 (-194)
  • Net Change Patient Hospitalization Past Week - -663
  • Patients Newly Admitted - 261
  • Number ICU - 637 (-21)
  • Number ICU with Intubation - 406 (-11)
  • Total Discharges - 176,264 (+388)
  • Deaths - 33
  • Total Deaths - 42,051

Sunday, May 2, 2021

Former CEO Of Live Well Financial Convicted In Connection With $200 Million Bond Fraud Scheme

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that MICHAEL HILD, the founder and former chief executive officer of Live Well Financial, Inc. (“Live Well”), was convicted today of securities fraud, wire fraud, and bank fraud charges in connection with a scheme to fraudulently inflate the value of a portfolio of bonds owned by Live Well in order to induce various securities dealers and at least one financial institution into loaning more money to Live Well – through repurchase (“repo”) agreements and collateralized loans – than they otherwise would have had they known the actual value of Live Well’s bond portfolio.  The scheme allowed Live Well to grow its bond portfolio exponentially, from approximately 20 bonds with a stated value of approximately $50 million in 2014 to approximately 50 bonds with a stated value of over $500 million by the end of 2016.  In May 2019, in conjunction with an effort to wind down the company, Live Well wrote down the value of its portfolio by over $200 million. 

Manhattan U.S. Attorney Audrey Strauss said:  “As a unanimous jury found, Michael Hild obtained millions of dollars in secured loans for Live Well Financial by grossly inflating the value of bonds used as collateral.  Hild deceived a third-party pricing service by providing it with inflated marks, resulting in the pricing service publishing valuations for the bonds far in excess of market value.  Lenders were hoodwinked into lending far more than they otherwise would have.  The house of cards came crashing down with the unwinding of Live Well and the revelation to lenders that the bond portfolio had been overvalued by $200 million.  Now, Michael Hild awaits sentencing for his crimes.”

According to the evidence presented during the trial:

Live Well’s Bond Portfolio and Repurchase Agreements 

Live Well was a Richmond, Virginia-based company that originated, serviced, and securitized government-guaranteed reverse mortgages known as Home Equity Conversion Mortgages (“HECMs”).   In or about 2014, Live Well acquired a portfolio of approximately 15 bonds, each entitling the holder to receive a portion of the interest payments, but not the principal payments, from a particular pool of reverse mortgages (“HECM IO bonds.”).  Live Well purchased the HECM IO bond portfolio for approximately $50 million.  At the same time that Live Well purchased the HECM IO bond portfolio, HILD established within Live Well a New York City-based trading desk to manage and grow Live Well’s bond portfolio. 

Live Well financed the acquisition and growth of its bond portfolio through a series of loans in which Live Well used its bond portfolio as collateral.  The majority of Live Well’s lenders were securities dealers whose lending arrangements with Live Well were structured as bond repurchase agreements, also known as “repo agreements.”  A repo agreement is a short-term loan in which both parties agree to the sale and future repurchase of an asset within a specified contract period.  The seller sells the asset to the lender with a promise to buy it back at a specific date and at a price that includes an interest payment.  Functionally, a repo agreement is a collateralized loan in which title of the collateral is transferred to the lender.  When the loan is repaid by the borrower, the collateral is returned to the borrower through a repurchase.  Additionally, at least one of Live Well’s lenders was an FDIC-insured bank, and its lending arrangement with Live Well was structured as a secured loan, with certain bonds held as collateral by a third-party custodian.

The Scheme to Mismark the Bond Portfolio 

Live Well’s financing agreements with all but one of the lenders required that any bond that Live Well sought to borrow against be priced by a third-party pricing source in order to determine the market value of the bond as of the measurement date.  The lenders then used the value of the bond, coupled with the application of a haircut of generally 10% to 20%, to determine the amount of money to lend Live Well.

The lenders generally relied on a particular widely utilized subscription service (the “Pricing Service”) to price various securities.  In or about September 2014, HILD and his co-conspirators embarked on a scheme to cause the Pricing Service to publish valuations for the bonds that far exceeded actual market prices.  By doing so, the conspirators induced the lenders to extend credit to Live Well far in excess of the prices for which the bonds could be sold in the market.  The inflated prices were based on a set of market assumptions that the conspirators called “Scenario 14.” 

HILD was aware that if the lenders had known that the Pricing Service was publishing bond prices that did not reflect fair value, meaning the price at which a lender could sell the bond in the market if necessary to recoup its capital, they would have refused to use those prices in determining how much money to loan to Live Well.  To prevent the Pricing Service and the lenders from learning that the prices did not reflect market value, HILD directed his co-conspirators at Live Well to take steps to conceal their provision of inflated marks to the Pricing Service.  Ultimately, due to the asset overvaluation and the purchase of additional bonds using the capital generated by the scheme, Live Well grew the purported value of its bond portfolio to over $500 million by December 2016.

In addition to using the liquidity generated by the scheme to expand Live Well’s bond portfolio, in or about September 2016, HILD used $18 million generated from the repo lenders to buy out the preferred stockholders in Live Well.  The elimination of the preferred stockholders gave HILD control of the company and allowed him to substantially increase his personal compensation.  Accordingly, HILD’s compensation jumped from approximately $1.4 million in 2015, to approximately $5 million in 2016, approximately $9.7 million in 2017, and over $8 million in 2018.

In or about late 2018, the chief financial officer of Live Well resigned after HILD refused to reduce the compensation he was receiving from the company.  In or about May 2019, the company’s interim chief financial officer informed HILD that he would not sign the company’s interim financial statements because he believed that the company’s carrying value for the HECM IO bond portfolio was significantly overstated.  In or about May 2019, Live Well announced that it would cease operations and unwind.  After the announcement of Live Well’s closing, Live Well’s interim chief financial officer provided a balance sheet to Live Well’s lenders showing that Live Well had reduced the value of its bond portfolio by over $200 million.  

HILD, 46, of Richmond, Virginia, was convicted of five counts:  one count of conspiracy to commit securities fraud; one count of conspiracy to commit wire and bank fraud; one count of securities fraud; one count of wire fraud; and one count of bank fraud.  Count One carries a maximum sentence of five years in prison, Counts Two, Four, and Five each carry a maximum sentence of 30 years in prison, and Count Three carries a maximum sentence of 20 years in prison.  The charges also contain a maximum fine of $5 million, or twice the gross gain or loss from the offense.

The maximum potential 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.

HILD is scheduled to be sentenced at 10:00 a.m. on August 20, 2021, by U.S. District Judge Ronnie Abrams, who presided over the trial.

Ms. Strauss praised the investigative work of the FBI and also thanked the Securities and Exchange Commission.

Attorney General James Stops Harassment at Manhattan Planned Parenthood Health Center

 

Anti-Choice Protesters Prohibited from Breaching Designated Buffer Zone Around Clinic, Must Pay $5,000 for Any Future Violations 

 New York Attorney General Letitia James has secured an agreement to end the harassing and obstructive behavior of two anti-choice protesters at a Planned Parenthood location in New York CityThe agreement negotiated by Attorney General James stipulates that the protesters, Bevelyn Beatty and Edmee Chavannes, will not enter the designated “buffer zone” established around the main entrances to Planned Parenthood of Greater New York’s (PPGNY) Manhattan Health Center. This resolves a February 2021 lawsuit filed by Attorney General James against Beatty and Chavannes over repeated violations of federal, state, and local clinic access laws through obstructive and violent actions against the patients, escorts, and health center staff at PPGNY. 

“Women have the clear and absolute right to make decisions about their own bodies, and they have the right to make those decisions without fear of violent and illegal tactics used against them,” said Attorney General James. “As a result of this agreement, these individuals will no longer be able to harass, threaten, and block women from entering Planned Parenthood. I will continue to use every tool in my legal arsenal to ensure women’s reproductive health care is not stifled or infringed upon in any way.” 

On numerous occasions throughout 2020, Beatty and Chavannes attempted to impede access to reproductive health care services by subjecting incoming patients and escorts to a barrage of unwanted physical contact, verbal abuse, and threats of harm. During the first peak of the COVID-19 pandemic in New York City, these individuals weaponized the threat of the virus to further intimidate and interfere with the local Planned Parenthood’s operations. Beatty and Chavannes purposely put patients, staff, and escorts at risk by refusing to comply with local and state distance and mask mandates related to COVID-19, and continued to accost people entering the health center at close range, while mocking staff and escorts’ mask usage and desire to avoid close contact with them. Ultimately, these individuals forced patients and staff to choose between obtaining and providing reproductive health care, or protecting themselves from exposure to the virus.  

At the height of their campaign of violence and intimidation, Beatty and Chavannes called for other anti-abortion activists to, in their words, “terrorize” staff and patients at PPGNY's Manhattan Health Center, and they physically and verbally assaulted multiple volunteers and members of health center staff. Beatty was captured on video slamming a health center staff member’s hand in a door, causing her to need x-rays; repeatedly shoving a volunteer patient escort attempting to enter the facility; slapping a different volunteer in the face; and threatening to knock an escort unconscious. Chavannes screamed threats in a staff member’s face while maskless, and both individuals physically blocked the main and side entrances of the health center to prevent patients and staff from entering.  

The agreement announced today prohibits Beatty and Chavannes from entering an 18 foot by 30 foot area around PPGNY’s Manhattan Health Center’s premises. Any future violations of the agreement will result in a $5,000 fine per violation, as well as all attorneys' fees and related costs incurred by the Office of the Attorney General in relation to the enforcement of the injunction, and the possibility of civil and criminal contempt. 

In separate but similar cases involving “buffer zones” outside abortion clinics, Attorney General James successfully argued, in January 2020, that women in Rochester seeking to have an abortion should be able to do so without being harassed, threatened, or blocked before entering a clinic when a district court judge dismissed a lawsuit by anti-abortion activists seeking to bypass a 15-foot “buffer zone” outside a local Planned Parenthood facility. Additionally, Attorney General James is litigating the appeal in People ex rel. James v. Griepp to ensure that women who enter the Choices Women’s Medical Center in Jamaica, Queens are not harassed, obstructed, or threatened by protesters. 

Governor Cuomo Updates New Yorkers on State Vaccination Program

 

93,940 Doses Administered in the Last 24 Hours          

More than 1.2 Million Doses Administered Over Past Seven Days           

Vaccine Dashboard Updated Daily on the State's Vaccine Program Here


 Governor Andrew M. Cuomo today updated New Yorkers on the state's vaccination program. 93,940 doses have been administered across the state's vast distribution network in the last 24 hours, and more than 1.2 million doses have been administered over the past seven days. The week 20 allocation of 1,419,795 first and second doses is expected to finish arriving today. 

"Our progress in beating back this virus has allowed us to slowly reopen our state and, if more people get vaccinated and the overall metrics continue to move in the right direction, we are optimistic that we can stay on this trajectory." Governor Cuomo said. "We cannot afford to get cocky, nor can we get lax in our vaccination efforts. Even as the spring season is in full swing and more people want to get outside and enjoy the warm weather, the footrace between the infection rate and the vaccination rate is still on. I remind all New Yorkers who still need to get the vaccine that it's the only way to show support for our health providers who work tirelessly to get shot into people's arms - and for everyone in their community who is vulnerable to this virus."  

All New York State mass vaccination sites are now open to eligible New Yorkers for walk-in vaccination on a first come first serve basis. The walk-in appointments are reserved for first doses only with second doses to be scheduled automatically after administration of the initial shot. In addition, all vaccine providers are encouraged to allow walk-in appointments for eligible New Yorkers. People who would prefer to schedule an appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccinefinder.org to find information on vaccine appointments near them.           

 

STATEWIDE BREAKDOWN

Total doses administered - 15,643,329

Total doses administered over past 24 hours - 93,940

Total doses administered over past 7 days - 1,208,303

Percent of New Yorkers with at least one vaccine dose - 46.5%

Percent of New Yorkers with completed vaccine series - 34.9%