Wednesday, September 21, 2022

President Of Queens-Based Construction Company Charged With Fraud In Connection With Homeless Shelter Contracts Worth $12 Million

 

Four Other Employees of Construction Company Also Charged in Connection with Years-Long Fraud and Money Laundering Scheme

 Damian Williams, the United States Attorney for the Southern District of New York, Jonathan Mellone, Special Agent-in-Charge of the New York Region of the United States Department of Labor Office of Inspector General (“DOL-OIG”), and Jocelyn Strauber, the Commissioner of the New York City Department of Investigation (“NYC-DOI”), announced today the arrest of LIAQUAT CHEEMA and ALI CHEEMA on charges of wire fraud conspiracy, aggravated identity theft, and money laundering conspiracy for their role in a scheme to defraud New York City (the “City”) in connection with public contracts to perform general contracting work at City homeless shelters.  Three other participants in the money laundering scheme, IRFAN BAJWA, SHOUKET CHUDHARY, a/k/a “Muhammad Shakoor Chudary,” a/k/a “Mohammad Shakoor Chudary,” and KHIZAR HAYAT were also arrested for their role in using bank accounts to receive proceeds of the fraud scheme and conducting financial transactions to conceal, among other things, the illegal source of the funds.  In addition, LIAQUAT CHEEMA, BAJWA, CHUDHARY, and HAYAT were each charged in a separate scheme to fraudulently obtain tens of thousands of dollars-worth of Medicaid benefits.  The defendants were arrested this morning in East Elmhurst and New Hyde Park, New York, and will be presented today before a magistrate judge in the Southern District of New York.

U.S. Attorney Damian Williams said: “The defendants entered into public contracts so that they could provide vital maintenance to homeless shelters to aid New York City’s most vulnerable residents; however, instead of honoring these contracts, the defendants allegedly concocted multiple schemes to steal public funds.  Today’s arrests signal this Office’s continued commitment to combat any and all fraud and money laundering schemes.”

Special Agent-in-Charge Jonathan Mellone said: “An important mission of the U.S. Department of Labor Office of Inspector General is to investigate allegations of certain illicit and fraudulent employment practices.  We will continue to work with our law enforcement partners to investigate these types of allegations.”

NYC-DOI Commissioner Jocelyn Strauber said: “As alleged, these defendants, contractors who work on New York City homeless shelters, used their contractor status to fraudulently siphon funds from the City.  The charged scheme was vast and involved overbilling for material, false claims to prompt the issuance of paychecks to purported workers and the diversion of those paychecks to defendants, and the submission of false certifications that enabled defendants to wrongfully obtain Medicaid benefits.  DOI thanks the City Department of Social Services for initially referring allegations of fraud to DOI and the United States Attorney's Office for the Southern District of New York and the U.S. Department of Labor Office of the Inspector General for their partnership on this investigation.”

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

LIAQUAT CHEEMA and ALI CHEEMA were the President and, at least as of in or about 2015, the Vice President, respectively, of AFL Construction Co. Inc. (“AFL”), located in Queens, New York.  AFL entered into public contracts with the City worth approximately $12 million to perform general contracting work at homeless shelters located in the City, including in the Southern District of New York.  Pursuant to the contracts, AFL would perform, among other things, general maintenance, landscaping, roofing, and snow removal at shelter sites. 

From at least in or about 2014 through at least in or about 2018, LIAQUAT CHEEMA and ALI CHEEMA used the contracts to fraudulently enrich themselves and steal from the City.  In furtherance of the scheme, LIAQUAT CHEEMA and ALI CHEEMA, among other things, submitted fraudulent invoices and other documentation in support of requests for payment on the contracts, which falsely claimed that certain workers had performed work on certain projects and falsely inflated amounts paid by the defendants for materials purportedly used on such projects.  These fraudulent invoices and supporting documentation contained, without authorization, the identities of other persons, including the names, and in at least one case, the social security number, of purported workers who in fact had not worked on the projects specified in the requests for payment submitted by LIAQUAT CHEEMA and ALI CHEEMA.  To date, AFL has been paid at least $8 million for work purportedly performed pursuant to these contracts.

In addition, during the same period, LIAQUAT CHEEMA and ALI CHEEMA, as well as IRFAN BAJWA, SHOUKET CHUDHARY, and KHIZAR HAYAT used several bank accounts to receive the proceeds of the fraudulent scheme and conducted financial transactions to conceal, among other things, the illegal source of the funds.  Those transactions included transfers of illicit proceeds into the defendants’ personal and business bank accounts via fraudulent checks in order to conceal the scheme.  For example, certain of the defendants caused AFL to issue hundreds of checks to purported workers fraudulently listed in documentation submitted to the City in support of payment on the contracts but never delivered those checks to the purported workers; instead, the defendants deposited the checks into their own personal and business bank accounts. 

LIAQUAT CHEEMA, IRFAN BAJWA, SHOUKET CHUDHARY, and KHIZAR HAYAT also fraudulently obtained tens of thousands of dollars-worth of Medicaid benefits by repeatedly submitting fraudulent certifications, which underreported their actual incomes and accordingly enabled them to obtain Medicaid benefits for which they were not eligible.  In support of requests for Medicaid benefits, LIAQUAT CHEEMA, BAJWA, CHUDHARY, and HAYAT repeatedly submitted nearly identical employment letters, which, among other misrepresentations, contained the name and purported signature of a purported “Project Manager” who, in fact, was deceased.

LIAQUAT CHEEMA, 62, of East Elmhurst, New York, is charged with one count of wire fraud conspiracy, which carries a maximum potential sentence of 20 years in prison; one count of money laundering conspiracy, which carries a maximum potential sentence of 20 years in prison; one count of health care fraud conspiracy, which carries a maximum potential sentence of 10 years in prison; and two counts of aggravated identity theft, each of which carry a mandatory sentence of two years in prison.

ALI CHEEMA, 31, of East Elmhurst, New York, is charged with one count of wire fraud conspiracy, which carries a maximum potential sentence of 20 years in prison; one count of money laundering conspiracy, which carries a maximum potential sentence of 20 years in prison; and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison.

IRFAN BAJWA, 42, of New Hyde Park, New York, SHOUKET CHUDHARY, 64, of East Elmhurst, New York, and KHIZAR HAYAT, 46, of East Elmhurst, New York, are each charged with one count of money laundering conspiracy, which carries a maximum potential sentence of 20 years in prison; one count of health care fraud conspiracy, which carries a maximum potential sentence of 10 years in prison; and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison.

The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Williams praised the outstanding investigative work of DOL-OIG and NYC-DOI.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorney Timothy V. Capozzi is in charge of the prosecution.

The allegations contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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

Governor Hochul Announces Work to Redesign Penn Station Anticipated to Begin in the Coming Months

 New Penn Station

Penn Station's Future as World-Class, Spacious Facility to Come into Focus with MTA Contract for Design and Engineering of New Station

Redesign Set to Relieve Overcrowding and Improve Safety and Accessibility


 Governor Kathy Hochul today announced the Metropolitan Transportation Authority, in partnership with NJ TRANSIT and Amtrak, approved a contract for the redesign of Penn Station to a joint venture led by FXCollaborative Architects LLP and WSP USA Inc., with the acclaimed British architect John McAslan + Partners as collaborating architect. McAslan + Partners designed the 2012 transformation of London's historic King's Cross Station, creating a 165-yard-long semi-circular departures concourse that integrates regional and intercity railroads with each other and with the London Underground while welcoming natural light from the sky through 1,000 glazed and translucent triangular roof panels.

"Since crews took a wrecking ball to the original Penn Station in 1963, generations of New Yorkers have been united in their call to build a new station worthy of New York," Governor Hochul said. "By approving the contract for the redesign of Penn Station, we move another step closer to getting it done. The transformation of Penn cannot come soon enough, and we look forward to building a world-class station that puts New Yorkers first, delivers a rider-focused transit experience, and a great neighborhood they deserve."  

The FXCollaborative and WSP joint venture developed the Penn Station Master Plan unveiled last year that evaluated alternatives and created the preferred redesign plan for Penn Station as a single-level facility centered around a grand train hall with a 450-foot long sky-lit atrium between Madison Square Garden and 2 Penn Plaza. The design called for by the MTA's contract will advance that preferred alternative and will:  

  • Relieve overcrowding and improve passenger flow and orientation  
  • Improve safety by increasing platform and station egress and accessibility  
  • Alleviate the cramped, disjointed circulation areas with widened concourses and high ceilings  
  • Create a clear street presence that integrates with the surroundings  
  • Optimize retail and other revenue generation  
  • Integrate Penn Station with Moynihan Train Hall and the planned Penn Station Expansion  

Janno Lieber, MTA Chair and CEO said, "Awarding the design contract is a huge step forward in Governor Hochul's effort to make Penn Station - once again! - a safe, world-class transit facility. The work will take place on an aggressive timetable. The opening of Grand Central Madison in just a few months provides us with a once-a-century opportunity to rebuild Penn Station. With a sizeable percentage of LIRR riders expected to shift their trips to Grand Central Madison, Penn Station will have five years with lower customer volumes before a new influx of customers arrives on Metro-North Railroad by 2027. The MTA wants to get most disruptive the work done before then, so I'm thrilled we are moving forward quickly with the design phase of this massive, long-delayed effort."  

The recommendation for the design joint venture follows an open, competitive request-for-proposals process that was widely advertised and sent to 106 prequalified firms and attracted five proposals from firms and joint ventures that were reviewed and scored by representatives from MTA Construction & Development,  Amtrak, and NJ TRANSIT, and assisted by a Technical Advisory Committee with additional representatives from the Long Island Rail Road, Empire State Development and the New York City Economic Development Corporation.  

The base contract of up to $57.9 million would develop the preliminary station design and would last for one year. This contract includes options covering preliminary design for improvements to nearby subway stations and design and engineering support as the station reconstruction moves forward.  

In keeping with the MTA's aggressive nation-leading program to encourage the growth and development of certified Disadvantaged Business Enterprises (DBE), the MTA's Department of Diversity and Civil Rights has assigned a 22.5 percent DBE goal to the contract.  

SENATOR GUSTAVO RIVERA AND NEW YORK HEALTH COMMUNITY COMMEND GOVERNOR HOCHUL FOR PROCLAIMING SEPTEMBER AS SEPSIS AWARENESS MONTH IN NEW YORK

 

GOVERNMENT HEADER

Governor Kathy Hochul has issued a proclamation recognizing September as Sepsis Awareness Month in New York. Affecting nearly 50,000 New Yorkers annually, sepsis is a potentially life-threatening condition that occurs when the body's response to an infection damages its own tissues. 


“I commend Governor Hochul for proclaiming September as Sepsis Awareness Month in New York. This important step will allow our State to continue to lead the national fight against this life-threatening condition that affects thousands of New Yorkers annually,” said Senator Gustavo Rivera, Chair of the Senate Health Committee. “I look forward to continue working with our government and advocacy partners to further support sepsis education, prevention, screening, early treatment in honor of those who survived and in legacy of those whose lives were lost.”


When the infection-fighting processes turn on the body, organs function poorly and abnormally. Certain population groups are more vulnerable to developing sepsis, such as the young, elderly, individuals with chronic illness, those with compromised immune systems, and those facing systemic healthcare disparities. Patients who develop and survive sepsis have an increased risk of complications and death later, as well as higher healthcare costs and longer treatment.


New York continues to be at the cutting edge of efforts to combat sepsis, developing and implementing policies and innovations across the healthcare system. Hospitals across the state are incorporating “Rory’s Regulations” and sepsis protocols and schools have implemented NY’s “Rory’s Law.” For over five years, home care agencies have been implementing a home care sepsis screening and intervention tool and protocol, developed by the state Home Care Association assisted by Sepsis Alliance and ENDSEPSIS, which adds a critical layer of screening in the home and community.


“HCA applauds Governor Kathy Hochul and Senate Health Chairman Senator Gustavo Rivera for proclaiming September Sepsis Awareness Month,” said HCA President and CEO Al Cardillo. “The collaborative work of all health sectors, public educators and government officials is imperative to combatting this health and life-threatening medical emergency, which 87 percent of the time occurs in home and community. We at HCA and in home care stand as a critical and committed partner in this cause with fellow health sectors and under the national sepsis leadership of the Sepsis Alliance, and END SEPSIS-Legacy of Rory Staunton.”


“Sepsis Alliance is grateful to New York for honoring Sepsis Awareness Month in 2022 at the state level. Observances like this one can help to achieve increased sepsis awareness, which can improve time to recognition and treatment, ultimately saving lives and limbs from this devastating condition.” Thomas Heymann, President & CEO, Sepsis Alliance.


Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 21, 2022

 COVID-19 Vaccine Vials

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

Governor Encourages New Yorkers To Get the Flu Shot To Protect Against the Coming Flu Season

11 Statewide Deaths Reported Yesterday


 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19. 

"With tomorrow marking the official start of the fall season, I remind all New Yorkers to take the necessary steps to better protect themselves against COVID-19," Governor Hochul said. "Take advantage of the latest tools and resources at our disposal in order to keep our families and our communities safe. Test before gatherings or travel and if you test positive, talk to your doctor about potential treatment options."

Governor Hochul continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters from Pfizer-BioNTech for anyone age 12 or older and from Moderna for those 18 or older. 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.

In addition, Governor Hochul is encouraging New Yorkers to get their annual flu vaccine as flu season approaches. The flu vaccine is recommended for almost everyone 6 months and older. The flu virus and the virus that causes COVID-19 may simultaneously spread this fall and winter, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system. 

For information about flu vaccine clinics, contact the local health department or visit Vaccines.gov/find-vaccines.  

Today's data is summarized briefly below:

  • Cases Per 100k - 28.51
  • 7-Day Average Cases Per 100k - 22.45
  • Test Results Reported - 82,530
  • Total Positive - 5,571
  • Percent Positive - 6.19%**
  • 7-Day Average Percent Positive - 6.48%**   
  • Patient Hospitalization - 2,162 (+60)
  • Patients Newly Admitted - 439
  • Patients in ICU - 230 (+6)
  • Patients in ICU with Intubation - 82 (+5)
  • Total Discharges - 342,997 (+340)
  • New deaths reported by healthcare facilities through HERDS - 11
  • Total deaths reported by healthcare facilities through HERDS - 57,979

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) 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 (HHS) 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 - 74,101

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  

Sunday,  

September  

18, 2022 

Monday,  

September  

19, 2022 

Tuesday,  

September  

20, 2022 

Bronx 

5.85% 

6.06% 

6.08% 

Kings 

3.80% 

3.77% 

3.60% 

New York 

4.97% 

5.04% 

5.11% 

Queens 

6.16% 

6.11% 

6.11% 

Richmond 

5.76% 

5.85% 

5.69%