Genesis Petroleum Resolves Federal Environmental Claims Involving 13 Gas Stations Located in Long Island And Westchester, New York and New Jersey

 

Claims Address Stations Located in Low Income Areas and Communities of Color that Suffer Disproportionately from Environmental Burdens

 Breon Peace, United States Attorney for the Eastern District of New York and Lisa Garcia, Regional Administrator of the U.S. Environmental Protection Agency (EPA) Region 2, announced that the United States has entered into a Consent Judgment settling a civil lawsuit against Genesis Petroleum, Inc. and 20 associated companies (Defendants), for violating the Resource Conservation and Recovery Act (RCRA) in connection with their ownership or operation of underground storage tanks (USTs) at 13 gas stations in New York and New Jersey. The Consent Judgment requires the Defendants to adequately detect leaks of petroleum product from USTs, and to implement other safety measures, across their facilities in New York and New Jersey. The settlement also requires Defendants to pay a civil penalty of $250,000.

“Genesis Petroleum flagrantly disregarded measures required by law that are designed to protect the health and safety of the communities in which it operates its gas stations.  Leaks from underground storage tanks can contaminate drinking water supplies, pollute surrounding soil and surface waters as well as groundwater, and impact indoor airspaces,” stated United States Attorney Peace.  “This settlement reaffirms this Office's commitment to safeguarding public health, preserving the environment, and promoting environmental justice in partnership with the EPA.” 

“This settlement protects communities across New York and New Jersey by significantly improving how these businesses manage underground storage tanks,” stated EPA Regional Administrator Garcia.  “If underground storage tanks leak, they can pose a serious problem because they can contaminate groundwater, and the risk can be heightened when owners and operators of USTs fail to comply with EPA’s regulatory requirements.  Underground storage tanks are important business infrastructure and are essential for fueling vehicles but when these tanks are not properly maintained or repaired, communities and the environment can be at risk from leaks of hazardous substances.”

Petroleum products such as gasoline contain chemical compounds that pose substantial threats to human health. Service stations typically store gasoline in USTs. When operated conscientiously and monitored closely, USTs are a safe and effective means to store gasoline.  But when those tanks are not subjected to basic operational safeguards, they can endanger the public and the environment, for example by leaking the contents of their tanks into the water supply, discharging toxic vapors into the air, or even triggering fires or explosions.

EPA’s regulations under RCRA are designed to protect the public by requiring underground storage tank operators to reduce the likelihood of leaks, monitor for leaks so they can promptly be addressed, and maintain adequate insurance to conduct corrective action and compensate injured third parties should a leak occur.

The Consent Judgment, which is subject to public comment and approval by the district court, resolves a lawsuit filed by the United States in June 2019, which alleges that the Defendants repeatedly violated RCRA and related regulations at various times between 2012 and 2016 with respect to their ownership and/or operation of underground storage tanks at 13 gas stations. Twelve of the Defendants’ facilities covered by the Consent Judgment are located in low-income areas and communities of color that are exposed to disproportionate environmental burdens.

The United States alleges that the Defendants failed to perform required actions including:

• failure to install and use spill prevention equipment at three facilities;
• failure to use overfill prevention equipment at three facilities;
• failure to provide release detection for underground storage tanks at three facilities;
• failure to provide release detection for pressurized piping at six facilities;
• failure to test automatic line leak detectors at nine facilities;
• failure to report suspected releases at three facilities;
• failure to perform release detection for underground storage tanks that were temporarily closed but still contained more than three feet of petroleum products at one facility;
• failure to timely provide records of release detection monitoring at ten facilities;
• failure to timely respond to requests for information issued by EPA at 13 facilities; and
• failure to maintain financial responsibility and evidence of financial responsibility at seven facilities. 

Pursuant to the Consent Judgment, Defendants are required to comply with the regulations applicable to USTs for all tanks at 29 facilities at which they currently own or operate underground storage tanks in New York and New Jersey. The Consent Judgment requires Defendants to implement significant measures to ensure such compliance, including undertaking inspections, maintaining and operating a federally approved release detection method at all underground storage tanks at the facilities, maintaining a properly functioning and operational overfill prevention system for new tanks and providing semi-annual reports to EPA.

The Consent Judgment will be lodged with the District Court for a period of at least 30 days and notice of the Consent Judgment will be published in the Federal Register before the Consent Judgement is submitted for the Court’s approval.  This will afford members of the public the opportunity to submit comments on the Consent Judgement to the Department of Justice.

In June 2021, the United States Attorney’s Office for the Eastern District of New York created an Environmental Justice Team within the Office’s Civil Division. The focus of the Environmental Justice Team is the protection of the rights of residents of the Eastern District of New York who are disproportionately burdened by environmental and health hazards. 

NYS Division of Consumer Protections Alerts New Yorkers of Poisonous Home Hazards During Poison Prevention Week

 

National Poison Prevention Week Runs Through March 26 Raises Awareness to Help Prevent Poisonings 

Consumers Should Take Basic Precautions in the Home To Keep Young Ones Safe

 In recognition of National Poison Prevention Week, March 20 – March 26, the New York State Division of Consumer Protection is reminding New Yorkers of prevention measures to reduce the risk of poisoning. Established in 1961, National Poison Prevention Week raises awareness of unintentional poisonings and offers information to help consumers prevent poisonings, especially among children.

According to the Consumer Product Safety Commission Annual Report on Pediatric Poisoning Fatalities and Injuries from January 2022,  pediatric poisonings involving children under 5 years of age resulted in 43 fatalities in 2020, a 26 percent increase from 2019, and 34 fatalities in 2019, a 100 percent increase from the 17 deaths in 2018.

“With the increase in reported poison exposures in 2020, it is critical that New Yorkers understand the potential hazards in the home,” said Secretary of State Robert J. Rodriguez. “This National Poison Prevention Week, I encourage all New Yorkers to follow basic safety measures to prevent unintentional poisonings and to keep loved ones, especially children, safe.” 

“Everyday household items such as cleaning supplies or faulty carbon monoxide detectors can pose serious harm if not properly stored or maintained," said New York State Health Commissioner Dr. Mary T. Bassett. "Accidental poisonings can happen to both children and adults and this week is a good reminder to take stock of potential hazards in your home and secure poisonous substances to avoid unnecessary illness or tragedy.”

DCP urges consumers to take safety precautions in the home to prevent unintentional poisonings and keep loved ones safe. Recommended measures to secure the home include the following:

• Educate yourself about the risk. Many products consumers use are not thought of as poisons due to their everyday use, including medicines, detergents, and household cleaners. Read the labels of household items to understand the risk of exposure. Teach children to stay away from cleaners and use appropriate language—for example, never refer to medicines as candy, as that can be confusing to children.
• Keep poisons out of reach. Keep household cleaners and medicines out of reach, especially in homes with vulnerable children. Lock items behind childproof locks to prevent accidental exposure. If locking items is not possible, keep them out of reach and out of sight. Keep laundry pods away from children, as they can resemble candy. Always store household cleaners in their original containers and not in food containers or other bottles, where it may be difficult to distinguish what is in the container.
• Reduce the risk of carbon monoxide poisoning. Exposure to carbon monoxide results in thousands of emergency room visit every year. Consumers should make sure carbon monoxide alarms are installed on every level of the home and outside of sleeping areas, and that alarms are tested monthly.
• Clean your home safely. Reduce the risk of inhaling poisonous fumes from household cleaners. Open windows or turn on fans while using cleaning products. Never mix chemicals or household cleaners to prevent creating noxious gases. Spray products away from people and pets and keep away from the skin using gloves.
• Reduce poison risks outside the home. Pesticides can be dangerous even in small quantities, as they can be absorbed through the skin or inhaled. If using pesticides such as bug spray, wear protective clothing such as long sleeves and gloves. Stay away from areas that have been sprayed with pesticides until the spray has dried or for at least one hour. If your skin makes contact with pesticides, make sure to rinse the area with running water for 15-20 minutes. Remove and wash clothing after using chemicals.

Additional resources are offered through the American Association of Poison Control Centers page. The NYS Department of Health also offers resources through New York’s two poison control centers.

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. Consumers can file a complaint with the Division of Consumer Protection at https://dos.ny.gov/consumer-protection. 

For more consumer protection information, call the Division of Consumer Protection Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm or visit the DCP website at https://dos.ny.gov/consumer-protection. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.

Governor Hochul Launches Website with Resources for the Ukrainian People and Their Allies in New York

 

Resources Include Support Services, Immigration Assistance, Emotional Support, Humanitarian Aid and Information on Ways to Show your Support

Visit the Website Here

 Governor Kathy Hochul today announced the launch of a new website containing resources offered by New York State and its partners to help Ukrainian people and their friends and allies here in New York. This follows the Governor’s announcement warning consumers about scams and cybersecurity threats amid Russia’s invasion of Ukraine. In an additional show of support, the Governor also announced the Ukrainian flag will be flown on the Capitol building, the Executive Mansion, and the Division of Homeland Security and Emergency Services headquarters.

“Ukraine's resilience against Vladimir Putin's tyranny is an inspiration to the rest of the world, and many New Yorkers are already doing their part to support humanitarian efforts,” Governor Hochul said. “In moments like these, New Yorkers always stand together to support those in need. We are proud to provide trusted resources for those who want to lend a helping hand for our Ukrainian brothers and sisters here in New York."

This directive comes amid Governor Hochul's ongoing efforts to support Ukraine. Last week, the Governor announced an Executive Order to prohibit state agencies and authorities from contracting with entities that continue to do business in Russia. In early March, Governor Hochul announced actions to strengthen the Department of Financial Services' (DFS) enforcement of sanctions against Russia, including the expedited procurement of additional blockchain analytics technology. In February, Governor Hochul ordered all state agencies and authorities to divest public funds from Russia and stop doing business with Russian companies.

Resources available on the website include:

Support Services

The Office for New Americans (ONA) provides a variety of free support services to all immigrants and refugees in New York State, regardless of status, such as:

• Access to free legal support including asylum applications and deportation defense through its network of legal service providers
• English language courses through its network of Opportunity Centers
• Access to mental health support groups through its Golden Door Program
• Workforce readiness tools including resume writing, digital literacy skills, and credentialing evaluation
• Support to access developmental disability services through the ONA Ramirez June Initiative

Visit the Office for New Americans website here or contact their hotline at 1-800-566-7636. The NYS New Americans Hotline connects immigrants and refugees to free services across the state. The Hotline operates from 9:00 a.m. to 8:00 p.m., Monday through Friday, except holidays. All calls are confidential. Assistance is available in over 200 languages, including Ukrainian and Russian.

If you are a U.S. citizen in Ukraine, the U.S. State Department has resources for those wishing to depart. They also offer travel conditions and land border guidance for surrounding countries including Poland, Romania, Hungary, Slovakia, and Moldova.

U.S. citizens in Ukraine should complete this online form so that the State Department can communicate with you. U.S. citizens seeking to depart Ukraine can also call 1-833-741-2777 (in the United States) or 1-606-260-4379 (from overseas) for immediate assistance. You can also visit the Ukraine Crisis page on the State Department’s website here.

The Consulate General of Ukraine in New York is currently providing consular services. However, all consular services which require receiving documents from Ukraine, including issuance of new passports and visa services, have been suspended until further notice.

If you have visa or passport questions, you can contact the Consulate General by emailing gc_usn@mfa.gov.ua or calling either 212-371-6965 or 212-371-5690.

Ukrainians in New York and who are experiencing an emergency situation (e.g. detention), can call the Consulate’s hotline number at 917-325-1444 for assistance.

Immigration Assistance

Protections may be available for eligible Ukrainians already present in the U.S. As a result of the Russian military invasion, the Department of Homeland Security announced the designation of Temporary Protected Status (TPS) for Ukraine for 18 months. Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Ukrainians eligible for TPS can contact the NYS New Americans Hotline for free legal assistance at 1-800-566-7636. 

If you have recently been granted asylum, the Office of Temporary and Disability Assistance, through contracted providers, offers free services to asylees across New York State.

Visit a provider in your area that can assist you with:

• Finding employment
• Free health screening and immunizations
• Accessing other support services

Find a provider in your area here and learn more about refugee services and assistance for immigrants here.

Emotional Support

If you need 24-Hour Phone Support: You can contact the Substance Abuse and Mental Health Services Administration (SAMHSA) Disaster Distress Helpline by calling 1-800-985-5990. Callers can connect with counselors for support in 100+ languages via 3rd party interpretation, including in Ukrainian and Russian.

If you need a 24-hour Crisis Text Line: Text GOT5 to 741741 to connect with a crisis counselor.

For 24-Hour Support for Deaf or hard of hearing American Sign Language users: The national Disaster Distress Helpline (DDH) is now offering direct crisis counseling and support for Deaf or hard of hearing American Sign Language users via a dedicated videophone option. Disaster survivors and responders can connect with trained DDH crisis workers fluent in ASL by dialing 1-800-985-5990 from a videophone-enabled device or via an “ASL Now” link which can be accessed at DisasterDistress.samhsa.gov.

Humanitarian Aid

Avoid donation scams. Anytime disasters occur, scam artists prey on the heartstrings of individuals looking to help. The invasion of Ukraine provides an opportunity for fraudsters to set up fake charities or pose as compelling war victims. Others design websites to mimic a legitimate charity’s official site to steal unsuspecting donors' money and/or personal information. 

To prevent donation money from falling into the wrong hands, the New York State Division of Consumer Protection recommends taking the following precautions: 

• Verify the request. Scammers are more frequently posing as friends, family or romantic interests on social media and requesting donations. If you receive an unsolicited request for donation relief online, even if it appears to be someone you know, connect with the person directly through a different communication link to verify the request. Do not click on any links or complete forms before verifying the source. If the request is coming from someone you only recently met online, it is most likely a scam and you should be especially wary.  
• Research the charity. Don’t rely on a charity website alone. Search online before donating to any charity using the name of the group plus search terms like “review” and “scam”. The Federal Trade Commission recommends checking with give.org, charitynavigator.org, charitywatch.org, or candid.org to see reports and ratings for charities. You can also check with the Internal Revenue Service (IRS) for verification that a charity is registered. The Office of the Attorney General also recommends reviewing the Charities Registry for financial reports prior to donating to ensure the charity is fiscally sound. 
• Resist high-pressure tactics. While the situation is urgent, consumers should resist being pressured to donate immediately. Scammers often pressure you to donate immediately, causing you to overlook red flags in their story. Beware of direct e-mails from “victims” and solicitors who employ heart-wrenching stories, insisting that you donate immediately. Do not to give money over the phone to unsolicited telemarketers; instead, ask the caller to send written materials about the charity and where to donate, if you choose. 
• Keep personal information private. Never give your Social Security number, credit card or debit card number, or other personal identifying information in response to an unsolicited charitable request. If donating online, ensure that your internet connection is secure before following through on donation requests. 
• Ask how your money will be spent. Consumers want to know that their money is going directly to the victims. A genuine charity should be able to let you know how much of your donation will go directly to the program as opposed to administrative fees.  
• Donate by check or credit card. Never give money using cash, gift cards, crypto currency, or any tender that would be difficult to trace. Give your contribution by check or credit card to ensure that you have a record of the donation. Make checks out to the charity, not to an individual. If you choose to donate via a charity's website, check that the website is secure and that your computer is equipped with the latest anti-virus protection.  

If you suspect that you have encountered a fraudulent attempt to receive donations, you can file a complaint with the New York State Division of Consumer Protection here.

The Division’s Consumer Assistance Hotline is open Monday to Friday, excluding State holidays, 8:30am to 4:30pm at 1-800-697-1220. You can find more information and tips by following the Division of Consumer Protection on social media on Twitter (@NYSConsumer) and Facebook (http://www.facebook.com/nysconsumer).

Show Your Support

Show your support through the use of New York-branded social media graphics for Facebook, Twitter, Instagram, and Instagram Story. You can also spread the word about how to show support to the humanitarian response through the social media toolkit here.

MAYOR ADAMS TAKES MEASURES TO SUPPORT SMALL BUSINESSES AND INDEPENDENT VENUES, LEVELS PLAYING FIELD FOR NYC-BASED PERFORMERS AND ATHLETES

 

With COVID Case Counts Low and Vaccination Rates at Record Heights, Mayor Announces Next Step in NYC’S Economic Recovery and Pandemic Response

 

New Order Follows Mayor Adams’ Recent Statement on Mask Requirements for 2-4-Year-Olds, Removal of Mask Mandate for K-12 Public School Students, and Suspension of Aspects of Key to NYC

 With COVID-19 case counts remaining low and vaccination rates at record heights, New York City Mayor Eric Adams today outlined the next step in the city’s economic recovery and COVID-19 response, with a new measure that will support local businesses and arts and performance venues across the city. Signed and effective today, Executive Order 62 expands the performer exemption to the city’s private employer vaccine mandates, putting New York City-based performers on a level playing field with performers based outside of the city. The new order will help kickstart the full spectrum of the city’s nightlife economy, which, pre-pandemic, employed nearly 300,000 New Yorkers and generated over $35 billion in economic impact.

 

“Today we take another step in our city’s economic recovery — leveling the playing field for New Yorkers and supporting local businesses and performance venues across the city,” said Mayor Adams. “By expanding an existing exemption, we are simply making sure the rules apply equally to everyone who is a performer, regardless of where they are from. The old exemption put our sports teams at a self-imposed competitive disadvantage and was unfair to New York performers. Now, with the city in a low-risk environment, we can keep protecting each other, as we continue to move in the right direction and deliver an equitable and inclusive economic recovery.”

 

“Two weeks ago, the mayor and I unveiled a plan to bring our city’s economy back equitably, and today marks another key milestone in the reopening of our city,” said Deputy Mayor for Economic and Workforce Development Maria Torres-Springer. “This decision will give a significant boost to our concert halls, theaters, and nightclubs, as well as the bars, restaurants, and other small business that depend on our entertainment economy. New Yorkers have done so much to get us to this point, and we will not let anything stop us from bringing our city and economy back stronger and fairer.”

 

“New York City is coming back stronger than ever from the pandemic, and it is due in part to everyone doing their part,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “We still need everyone to get their vaccines, as we continue to monitor our numbers, follow the science, and move forward carefully.”

 

Before today, the city’s preexisting private employer vaccine rules generally allowed performers who live outside New York City and athletes who play for visiting teams to perform or play in New York City, regardless of COVID-19 vaccination status. This double standard hurt the city’s economy and put New York sports teams at a self-imposed competitive disadvantage. Today’s announcement expands those rules to also cover New York City-based performers and professional athletes — helping to kickstart the city’s economic recovery by supporting live entertainment and performance venues as well as nearby local businesses.

 

The latest step in the city’s economic recovery and COVID-19 response, today’s executive order follows the mayor’s statement this week on mask requirements for two- to four-year-olds and his decision earlier this month to remove the mask mandate in public schools for K-12 students and suspend aspects of the Key to NYC program.

 

“The best protection for your health and the health of this great city is vaccination,” said Department of Health and Mental Hygiene Commissioner Dr. Ashwin Vasan. “My advice as the city’s doctor, is for ALL New Yorkers to get vaccinated - regardless of their occupation.”

 

“We applaud Mayor Adams for finding another way to kickstart the economy,” said New York City Economic Development Corporation President and CEO Andrew Kimball. “Nightlife and spectator sports accounted for $35 billion in economic impact the year before COVID. That makes it clear that New York City needs to support this sector, so it can strengthen the financial footing of the rest of the city, especially our hard-hit small businesses.”

 

“New York City small businesses rely so heavily on the economic activity generated by the entertainment and nightlife sectors,” said Department of Small Business Services Commissioner Kevin D. Kim. “Thus, this executive order is another major step toward normalcy and, along with it, an opportunity once again for our small businesses to grow and thrive.”

 

“The entertainment and nightlife sectors not only define New York City as a creative capital, but they also contribute significantly to our local economy,” said Mayor’s Office of Media and Entertainment Commissioner Anne del Castillo. “The support of local venues and performers in these industries, many of which were adversely impacted by the pandemic, plays an important role in our city's economic and cultural recovery.”

 

“Mets owners Steve and Alex Cohen and all of us at the Mets are proud to partner with the mayor and his team as part of New York City's continued reopening and economic recovery,” said Sandy Alderson, president, New York Mets. “We look forward to welcoming fans back to Citi Field, and for Mets players to have the opportunity — for the first time in three years — to play a full season before the greatest fans in the world.”

 

“We appreciate the way the mayor approached this decision with deliberation, understanding, and reliance on the science,” said Randy Levine, president, New York Yankees. “He was open to the needs of New York businesses and is today delivering for millions of New Yorkers. We thank him for his decision.”

 

“This is amazing news — we are truly ecstatic that the vaccination mandate has been lifted on the performer side now,” said Michael Ginsberg, owner, Chelsea Music Hall. “It has been a continuous challenge to launch more thoughtful shows over the past two years, but this will give us an opportunity to dip into a broader pool of talent, as we continue to recover and reignite New York City nightlife, and we’re grateful that the city is progressing through this pandemic.”

 

“We applaud the city’s decision to lift the vaccine mandate for performers — we can’t be thankful enough to begin to do business as normal before the pandemic, with an eye on public safety as always,” said Paul Italia, owner, The Stand Restaurant & Comedy Club. “We have all sacrificed so much to ensure that this city rebounds bigger and better than ever, and we are here to build back together.”

 

Chinese Government Employee Convicted Of Participating In Conspiracy To Defraud The United States And Fraudulently Obtain U.S. Visas

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that ZHONGSAN LIU was convicted yesterday of participating in a conspiracy to defraud the United States by obstructing the lawful functions of the U.S. Department of State and the Department of Homeland Security and with committing visa fraud.  LIU was convicted after a one-week trial before the Honorable Valerie E. Caproni. 

U.S. Attorney Damian Williams stated: “Liu Zhongsan sought to exploit the J-1 research scholar program—which is intended to allow foreign nationals to conduct research at approved U.S. institutions—for the improper purpose of enabling his conspirators to work for the Chinese Government in the United States, against the rules of the research scholar program.  Liu’s conviction reflects this Office’s commitment to holding to account those who seek to defraud this country’s visa system and the agencies responsible for its administration.”

As reflected in the Indictment, public filings, and the evidence presented at trial:

LIU participated in a scheme to fraudulently procure J-1 research scholar visas for employees of the government of the of the People’s Republic of China (the “PRC Government”) in order to enable them to unlawfully work for the PRC Government in the United States and to conceal that unlawful work from the United States and its agencies.

LIU operated an office of the China Association for the International Exchange of Personnel (“CAIEP”), an agency of the PRC Government, in Fort Lee, New Jersey.  Among other activities, CAIEP engages in talent-recruitment for the benefit of the PRC, including recruiting U.S. scientists, academics, engineers, and other experts to work in China.

From 2017 up to and including September 2019, Liu worked with others to fraudulently procure J-1 research scholar visas for PRC Government employees in order to enable those employees to unlawfully work for CAIEP in the United States and to conceal that unlawful work from the Department of State and the Department of Homeland Security.  The J-1 research scholar program permits foreign nationals to come to the United States for the primary purpose of conducting research at a corporate research facility, museum, library, university, or other research institution.  LIU worked with others to obtain a J-1 research scholar visa for a prospective CAIEP employee, Sun Li, based on the false representation that Sun Li would conduct research at a U.S. university, and to conceal the unlawful work of another CAIEP employee, Liang Xiao, who was present in the United States on a J-1 visa sponsored by a U.S. university.

In or about April 2018, Liang Xiao applied for and received a J-1 visa to conduct research at that U.S. university.  Although Liang represented to the U.S. Government that she was entering the United States for the primary purpose of conducting research at the university, Liang’s actual purpose in the United States consisted of working for CAIEP.  LIU helped Liang take measures to enhance her false appearance as a research scholar by, among other things, directing Liang to report to the university upon her arrival in the United States; ensuring that Liang obtained a local driver’s license; and disguising Liang’s CAIEP salary as a subsidy for a research scholar’s living expenses.

In addition, LIU sought to enable Sun Li to obtain a J-1 research scholar visa under false pretenses.  In particular, LIU reached out to contacts at multiple U.S. universities in order to arrange for a university to invite Sun Li to come to the United States as a J-1 research scholar.  In truth and in fact, however, LIU intended that Sun Li’s primary purpose in the United States would consist of working for CAIEP.

LIU, 59, of Fort Lee, New Jersey, was convicted of one count of conspiracy to defraud the United States and to commit visa fraud, which carries a maximum sentence of five years.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  Sentencing before Judge Caproni is scheduled for July 11, 2022.

Mr. Williams praised the outstanding investigative work of the FBI, and thanked the U.S. Department of State, Department of Homeland Security, Homeland Security Investigations, and the Counterintelligence and Export Control Section of the U.S. Department of Justice’s National Security Division for their assistance. 

Attorney General James Releases Footage From Investigation Into the Death of James Huber

 

New York Attorney General Letitia James today released police body-worn camera footage from the New York State Police (NYSP) that her office obtained as part of its ongoing investigation into the death of James Huber. Mr. Huber died on February 12, 2022, following an encounter with a member of NYSP in Buffalo.

The release of this footage follows Attorney General James’ directive that videos obtained by her office in the course of investigations conducted by the Office of Special Investigation (OSI) be released to the public in order to increase transparency and strengthen public trust in these matters.

Pursuant to New York Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person, by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer caused the death, OSI proceeds to conduct a full investigation of the incident.

The release of this footage is not an expression of any opinion as to the guilt or innocence of any party in a criminal matter or any opinion as to how or whether any individual may be charged with a crime.   https://ag.ny.gov/osi/footage/james-huber

Warning: These videos contain images that viewers may find disturbing.

Defendant Sentenced to 17 Years in Prison for Attempting to Murder United States Government Informant

 

 Earlier today, at the federal courthouse in Brooklyn, Luis Taveras was sentenced by United States District Judge Kiyo A. Matsumoto to 17 years’ imprisonment for attempting to commit obstruction-of-justice murder.  Taveras pleaded guilty to the charge in January 2020. 

Breon Peace, United States Attorney for the Eastern District of New York; Ricky J. Patel, Acting Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); Tim Foley, Acting Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); Keechant L. Sewell, Commissioner, New York City Police Department (NYPD); and Kevin P. Bruen, Superintendent, New York State Police (NYSP), announced the sentence.

“The defendant planned the cold-blooded execution of a witness he believed to be cooperating with U.S. law enforcement, and watched as the witness and members of his family, including a 5-year-old, were shot and wounded.  By his callous disregard for human life and brazen contempt for the law, Taveras has earned the lengthy prison term imposed today,” stated United States Attorney Peace.  “I commend and thank the Organized Crime Drug Enforcement Task Force for their tireless efforts to bring the defendant to justice for this horrific crime.”

“Taveras tried to silence a potential witness to eliminate the chances of their cooperation with U.S. law enforcement.  In a daring public attempt, Taveras tried to gun down the individual in a crowded Colombian restaurant, wounding three victims including a 5-year-old boy,” stated HSI Acting Special Agent-in-Charge Patel.  “This callous act of extreme violence and blatant disregard for human life resulted in today’s stiff sentence to land Taveras in federal prison for 17 years.  HSI New York, working with our law enforcement partners will continue to tirelessly pursue the most dangerous offenders and prosecute those who seek to obstruct justice, both domestically and on foreign soil.”

“Luis Taveras’ actions were nothing less than cold-blooded and this sentence cements the gravity of his crimes.  The relentless nature of law enforcement has resulted in bringing Taveras to justice to face the consequences of his actions.   I applaud the U.S. Attorney’s Office Eastern District of New York, the New York City Police Department, the New York State Police, and Homeland Security Investigations for their diligent work and continued collaboration with the DEA New York Division,” stated DEA Special Agent-in-Charge Foley.

 “A measure of justice was meted out today against Luis Taveras, whose admitted crimes not only victimized a family, including an innocent child, but sought to upend the sanctity of our collective law enforcement system,” stated NYPD Commissioner Sewell.  “His sentencing reflects the commitment of our NYPD investigators and partners, including in the United States Attorney’s Office in the Eastern District of New York, to never relent in our work to eradicate drug traffickers and the harm they propel at home and abroad.”

“This is a clear-cut case in which this suspect attempted to take out a witness who had information regarding his criminal activity, while completely disregarding the safety of innocent family members, including a young child. I want to thank our law enforcement partners for their continued partnership, and the US Attorney for ensuring that the defendant is held fully accountable for his actions,” stated NYSP Superintendent Bruen,

As detailed in court filings and the defendant’s statements at his guilty plea proceeding, Taveras arranged for the murder of an individual whom he knew from prior narcotics transactions and believed to be cooperating with U.S. law enforcement.  On June 21, 2016, Tavares entered a restaurant in Cali, Colombia, and sat down at a table with the victim.  Shortly thereafter, Taveras stood up, walked to the back of the restaurant, and watched as a co-conspirator entered the restaurant and fired eight shots – wounding the victim in the shoulder and arm, and also wounding two family members of the victim, including a five-year-old child.  Taveras and his co-conspirator then fled.  The three victims survived their wounds. 

Taveras was arrested in February 2019 by federal law enforcement agents in Miami.  During his guilty plea proceeding, Tavares admitted that he identified the intended target to his co-conspirator, and that he wanted to prevent that individual from providing information to U.S. law enforcement.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

DEC OFFERS FREE WATERFRONT LIFEGUARD COURSE

 

The New York State Department of Environmental Conservation (DEC) today announced a free waterfront lifeguard course will be offered April 19 through 22 in Gloversville, Fulton County. Individuals looking for seasonal summer employment who enjoy the outdoors are encouraged to learn more about DEC's summer recreation opportunities.

"Joining the team of lifeguards at DEC campgrounds and day use areas during the summer season offers an excellent opportunity to help visitors safely enjoy the great outdoors in New York’s beautiful Catskill and Adirondack forest preserves," said DEC Commissioner Basil Seggos. "I encourage all eligible New Yorkers with a passion for nature and an interest in becoming a lifeguard to learn more."

Individuals at least 16 years old interested in lifeguarding positions at DEC facilities this summer may register. Candidates that complete the course will be considered for employment. The course includes certification in required lifeguarding and waterfront skills, CPR/AED for the professional rescuer, and first aid.

A prerequisite fitness test will be given the morning of Tuesday, April 19. Candidates must successfully complete each component of the fitness test to continue with the free waterfront lifeguard course, including:

• 550 yard (22 lengths) continuous swim (front crawl or breaststroke only);
• Treading water for two minutes using legs only;
• Swim 20 yards, surface dive to retrieve a 10 pound brick, return to surface, and swim on the back returning to the starting point. Exit the water without using a ladder or steps; and
• Swim five yards, submerge, and retrieve three dive rings placed five yards apart in four to seven feet of water, resurface, and continue to swim another five yards to complete the skill sequence.

Applicants must be 16 years of age, meet agency medical and vision (20/70 or better) requirements, and intend to work at a DEC facility for the 2022 season.

Immediately following the course, eligible candidates will have the opportunity to take the DEC qualifying procedure. Only individuals that pass the qualifying procedure can be employed as DEC lifeguards. Qualifying procedures will also be available from April through June at additional locations. If a candidate does not pass the water skills and/or CPR section(s) at a single location, they are required to register for and attend a separate qualifier. Candidates have multiple attempts to qualify and there is no charge to take the qualifying procedure.

Seasonal lifeguard positions are available at DEC campgrounds throughout the Adirondack and Catskill parks. Most facilities offer free housing or site accommodations.

For more information on the course, qualifying procedure, or to pre-register, call 518-457-2500 ext. #1, e-mail DEC at Info.Lifeguard@dec.ny.gov, or visit the Employment Opportunities in Summer Recreation section of DEC's website at https://www.dec.ny.gov/about/726.html.