N.Y. CITY COUNCIL PASSES COUNCIL MEMBER COHEN’S LEGISLATION IMPOSING HARSHER PENALTIES AGAINST ATV’S

Introduction 834-B Increases Penalties for Operation of Illegal ATV’s

City Hall, New York – On Wednesday, February 15 th , the New York City Council passed legislation sponsored by Council Member Andrew Cohen that increases penalties for illegal operation of All-Terrain Vehicles (ATV’s).

Currently, state law prohibits operation of ATV’s on streets and violators may be ticketed. A large proportion of ATV deaths occur while they are being driven illegally on streets. Incidents involving death and injury caused by ATV’s on city streets have drastically increased in recent years. In 2014, there were nine deaths from ATV accidents in The Bronx. At least two police officers have also recently been injured by ATV’s.

“New York City is only one terrain, an urban terrain, and it is no place for all-terrain vehicles. Rampant and reckless ATV driving is endangering the lives of New Yorkers,” said Council Member Andrew Cohen.

City residents who own ATV’s often ride them in city parks, creating a serious public safety issue. The current NYPD policy is to refrain from pursuing ATV operators except when it creates a significant risk to public safety. Even when operators are ticketed, the present small financial penalties are not much of a deterrent. Council Member Cohen’s measure imposes a $500 fine for the first violation and $1,000 for each subsequent offense.

“I’m alarmed by the harm such vehicles are causing in parks and other public spaces. This new law will put everyone on notice that we will not allow ATVs on our urban terrain, and give the NYPD another tool they can employ to stop illegal operators,” added Council Member Cohen.

STATEMENT FROM BP DIAZ RE: Rodent Related Death in The Bronx

   “One of the most frequent complaints I hear from people all over the city is about the prevalence of rats and rodents in their neighborhoods, in the subway, in public spaces and elsewhere. For far too long, the city has not done enough to stop the spread of rodents in the five boroughs. Rodents carry disease, make people chronically sick and can cause death, as we have seen with this current tragedy.

“It is unfathomable to me that in this day and age, in one of the most expensive cities in the world and at our most technologically advanced point as a civilization, the city cannot mitigate the rat problem nor does it have good ideas to do so. 750 Grand Concourse has long been regarded as one of the worst buildings in the city, with nearly 1,500 complaints of all kinds, including rodents, with many unresolved. The city knows this, and has done nothing to help the tenants alleviate this issue, not only in this building but in communities across the five boroughs. This public health scourge requires a serious, comprehensive and immediate solution.
“The fact that the city has touted that this building is in the Pest Control Reservoir Area does little to alleviate the fears of those that have been forced to deal with this rodent condition.  The program, which sought to increase enforcement and efforts to mitigate the growing population of rats in the area, has not been effective.
“While the city reports that this is a rare occurrence, one death is too many when it comes to the lack of addressing basic maintenance issues.  Extermination is part of the responsibility of all landlords, commercial or residential. Added to that is the problem of illegal conversions that occur in this economy, where people are being taken advantage of and as a result are fearful in reporting conditions to the city.  Substandard housing is a public health issue, it perpetuates illness and unsafe practices that impact the lives of our residents. Nonetheless, when it comes to this property, the city admits that it has been aware of the many violations that exist and yet, here we are.
“We must also do more to protect tenants in illegal units. Unscrupulous landlords will often fail to maintain such units and provide tenants with necessary services, and will use the specter of eviction and homelessness to keep tenants from reporting serious issues in their apartments. The city must offer protections to all tenants from potential retaliation and homelessness in such situations. People should not be forced to live in poor conditions because they fear their situation could become even worse if they dare to speak up about it,” said Bronx Borough President Ruben Diaz Jr.

Vermont Man Pleads Guilty In Manhattan Federal Court To A Fatal Shooting In Lower Manhattan

   Preet Bharara, the United States Attorney for the Southern District of New York, announced that FRANK JENKINS, 23, pled guilty today before the Honorable John G. Koeltl to shooting and killing Rashaun Nicholson on or about December 28, 2014, in furtherance of a narcotics distribution conspiracy. The charges to which JENKINS pled guilty are set forth in a seven-count superseding indictment (the “Indictment”), which was filed in December 2015.

Manhattan U.S. Attorney Preet Bharara said: “Frank Jenkins not only supplied a large part of the New York City-to-Bennington pipeline of crack and heroin, but as part of that drug business, he shot and killed a man in lower Manhattan, just a few blocks from the Manhattan federal courthouse. Today, in that courthouse, Jenkins pled guilty to his crimes and faces a lengthy prison sentence.”

As alleged in the Superseding Indictment and in other documents previously filed in Manhattan federal court and in statements made during court proceedings:

On December 28, 2014, in connection with a narcotics trafficking offense, FRANK JENKINS shot and killed Rashaun Nicholson in the vicinity of 78 Catherine Street, New York, New York. The narcotics trafficking conspiracy in which JENKINS was a participant involved the sale of controlled substances, including crack cocaine and heroin, in Vermont and elsewhere. Specifically, between 2014 and 2015, JENKINS, together with other members of the conspiracy, obtained crack and heroin from locations in New York City, including Manhattan and the Bronx, and then transported the crack and heroin to Vermont, for distribution in and around Bennington, Vermont.

As a result of his plea, JENKINS faces a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life. JENKINS is scheduled to be sentenced by Judge Koeltl on June 2, 2017, at 10:00 a.m.

Mr. Bharara praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York City Police Department, the United States Marshals, the Vermont State Police, and the Bennington Police Department. Mr. Bharara also thanked the United States Attorney’s Office for District of Vermont for assisting his Office at all stages of the investigation.

U.S. Attorney Files Suit And Reaches Agreement With Real Estate Developer To Increase Accessibility At Three Manhattan Apartment Buildings

   Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has settled a federal civil rights lawsuit against ALBANESE ORGANIZATION, INC. (“ALBANESE”) and three of its affiliates, NORTH END ASSOCIATES, LLC, RIVER TERRACE ASSOCIATES, LLC, and CHELSEA ASSOCIATES, LLC (together, the “DEVELOPER DEFENDANTS”), by consent decree. Under the settlement, ALBANESE has agreed to make retrofits at The Verdesian, a rental complex located at 211 North End Avenue in Manhattan, in order to comply with the federal Fair Housing Act (“FHA”) and make The Verdesian more accessible to individuals with disabilities. The DEVELOPER DEFENDANTS also have agreed to inspect two additional rental complexes in Manhattan, The Solaire and The Vanguard Chelsea, and, where necessary, make retrofits at those buildings as well. Additionally, ALBANESE commits in the consent decree to establish procedures to ensure that its ongoing and future development projects will comply with the accessibility requirements of the FHA. Finally, as part of the consent decree, the DEVELOPER DEFENDANTS have agreed to provide up to $500,000 to compensate aggrieved persons and pay a civil penalty of $45,000. The consent decree was approved late yesterday by U.S. District Judge Jed S. Rakoff.

Manhattan U.S. Attorney Preet Bharara said: “This lawsuit – the fifteenth of its kind filed in recent years – is another step in our ongoing effort to ensure equal accessibility for New Yorkers with disabilities. Today’s settlement not only provides compensation for those who have been aggrieved by existing inaccessible conditions, but also provides that Albanese and its affiliates will implement procedures to guarantee accessibility at The Verdesian, The Solaire, The Vanguard Chelsea, and future development projects.”

The FHA’s accessible design and construction provisions require new multifamily housing complexes constructed after January 1993 to have basic features accessible to persons with disabilities. According to the allegations in the Complaint, Verdesian, a rental complex with 253 rental units, was designed and constructed with numerous inaccessible features, including excessively high thresholds interfering with accessible routes in the public and common areas as well as into and within individual units, and insufficient widths, clearance, and clear floor space in bedrooms, bathrooms, closets, and kitchens for maneuvering by people who use wheelchairs.

Under the settlement, ALBANESE agrees to make extensive retrofits at The Verdesian to make it accessible. The DEVELOPER DEFENDANTS also agree to arrange for inspections of two additional rental complexes in Manhattan, The Solaire, located at 20 River Terrace, and The Vanguard Chelsea, located at 77 West 24th Street, and, where necessary, to make retrofits at those properties. Together, The Verdesian, The Solaire, and The Vanguard Chelsea contain more than 800 rental apartments.

The settlement also requires ALBANESE to establish procedures to ensure FHA compliance at its ongoing and future development projects, including retaining an FHA compliance consultant to ensure that each residential building developed by ALBANESE will, as constructed, comply with the FHA. The FHA consultant also will conduct a site visit to identify non-compliant conditions and recommend appropriate solutions prior to the completion of construction. In addition, ALBANESE agrees to institute policies and training to ensure that its employees and agents will comply with the FHA’s accessibility requirements.

Finally, the settlement requires the DEVELOPER DEFENDANTS to provide up to $500,000 to compensate aggrieved persons. The DEVELOPER DEFENDANTS also agree to pay a civil penalty of $45,000.

The government’s lawsuit also asserts claims against the architect of The Verdesian, SLCE Architects, LLP. Those claims remain pending.

Aggrieved individuals may be entitled to monetary compensation from the fund created through today’s settlement. Aggrieved individuals may include those who:

• Were discouraged from living at The Verdesian, Vanguard Chelsea, or The Solaire because of the lack of accessible features;
• Have been hurt in any way by the lack of accessible features at The Verdesian, Vanguard Chelsea, or The Solaire;
• Paid to have an apartment at The Verdesian, Vanguard Chelsea, or The Solaire made more accessible to persons with disabilities; or
• Otherwise were discriminated against on the basis of disability at The Verdesian, Vanguard Chelsea, or The Solaire as a result of the inaccessible design and construction of the properties.

Any individual who may be entitled to compensation should file a claim by contacting the Civil Rights Complaint Line at (212) 637-0840, using the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or by sending a written claim to:

U.S. Attorney’s Office, Southern District of New York

86 Chambers Street, 3rd Floor

New York, New York 10007

Attention: Chief, Civil Rights Unit

Former Baruch College Basketball Coach And Athletics Official Charged With Embezzlement

   Preet Bharara, the United States Attorney for the Southern District of New York, Catherine Leahy Scott, New York State Inspector General, and Brian M. Hickey, the Special Agent-in-Charge of the Northeast Regional Office of the U.S. Department of Education Office of Inspector General (“ED-OIG”), announced today that MACHLI JOSEPH was arrested this morning and charged in Manhattan federal court with embezzling more than half a million dollars in funds intended for Baruch College for the rental of their athletic facilities.  JOSEPH was arrested by ED-OIG agents in New Jersey.  He will be presented before Magistrate Judge Gabriel Gorenstein in Manhattan this afternoon.

Manhattan U.S. Attorney Preet Bharara said: “Machli Joseph, Baruch College’s former basketball coach, allegedly drew up his own game plan for fraud, stealing more than half a million dollars meant for the college that he instead spent on himself. Embezzling money from a public college is no game, and for allegedly taking criminal advantage of his control over Baruch’s basketball courts, Joseph will now face federal charges in a court of law.  We thank the New York State Inspector General and Department of Education Office of Inspector General for their excellent investigative work in this case.”

New York State Inspector General Catherine Leahy Scott said: “This once-trusted college athletic official allegedly abused his position and the facilities he was entrusted with to steal more than a half million dollars in public funds to use for his own personal benefit. These crimes, as alleged, were clearly symptoms of the problematic policies and oversight throughout CUNY facilities that I am currently investigating as a separate matter. I truly believe critical criminal cases like this one today come together only through effective law enforcement partnerships, and I thank U.S. Attorney Bharara and Agent-in-Charge Hickey and their offices for their work on this case.”

ED-OIG Special Agent-in-Charge Brian M. Hickey said: “Today’s action alleges that Mr. Joseph knowingly abused his position of trust to steal funds from the very ones he promised to serve – Baruch College students. That is unacceptable. As the law enforcement arm of the U.S. Department of Education, we will continue to aggressively pursue those who misappropriate education funds for their own purposes. America’s students and taxpayers deserve nothing less.”

According to the allegations in the Complaint filed yesterday in Manhattan federal court[1]:                       

MACHLI JOSEPH served as an athletic department official at Baruch College between 2002 and 2016.  He served as Baruch’s women’s basketball head coach between 2004 and 2014, its men’s basketball coach in 2002, as assistant athletic director from 2003 to 2011 and as associate athletic director from 2011 until August 2016.  At times when the Baruch College gym was not being used by the school’s athletic teams, it could be rented out to outside parties.  In his administrative capacity, JOSEPH had sole control over those gym rentals and their scheduling.

On numerous occasions between 2010 and 2016, JOSEPH rented the gym to outside parties, ostensibly on behalf of Baruch College.  In instructing the renting parties on how to provide payment, however, JOSEPH directed that payment be made to entities that were not, in fact, connected to Baruch College.  Instead, they were entities with bank accounts over which JOSEPH had personal control, some of which merely sounded like Baruch-affiliated entities.  On several occasions, JOSEPH simply directed that payment be made directly to himself or individual associates of his.  Many of these funds were ultimately spent on personal expenses and items for JOSEPH and his family, including renovations to his home in New Jersey.  All told, and as alleged in the Complaint, the scheme improperly diverted approximately $600,000 of payments intended for Baruch College.

JOSEPH, 42, of Elizabeth, New Jersey, has been charged with one count of embezzlement and misapplication concerning a program receiving federal funds.  The charge carries a maximum term of 10 years in prison.  The maximum potential sentences 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. Bharara praised the investigative work of ED-OIG and the New York State Inspector General’s Office, and noted that the investigation is continuing.  

This case is being handled by the Office’s Public Corruption Unit.  Assistant United States Attorneys Martin S. Bell and Catherine E. Geddes are in charge of the prosecution.

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

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

A.G. Schneiderman Sues David Barton Gyms Following Sudden Closing; Seeks Refunds For Members

Upscale Health Club Shut Doors And Filed Bankruptcy; No Prior Notice Or Refunds Provided To Members

   Attorney General Eric T. Schneiderman announced today a lawsuit against Club Ventures Investments LLC d/b/a David Barton Gyms (DBG) and related entities that own and operate four David Barton Gyms in New York City. The suit alleges that DBG suddenly closed its doors on December 21, 2016 without any prior notice to members or staff and failed to make refunds to those consumers who prepaid for services not provided. 

According to the lawsuit, over 5,000 members enrolled in these four New York City health club facilities, many of whom had paid hundreds, if not thousands of dollars, in advance for membership and training packages.  At least one consumer complained that he had paid in excess of $15,000. Although Defendants were well aware that the health clubs were in a financially precarious position, they continued to enroll new members and accept payments for future services up through early December 2016.  The health clubs failed to provide any advance notice to members that they were going to close.  The clubs subsequently filed for bankruptcy.

“As alleged in our complaint, David Barton Gyms acted irresponsibly and left their members without any recourse to recover lost payments, causing some to lose thousands of dollars,” said Attorney General Schneiderman. “Health clubs must own up to their responsibilities to their members.  They cannot be open one day and closed the next without proper notice to their membership, and must provide refunds for services not provided.” During the early hours of December 21, a security company retained by DBG changed the locks on the doors at each facility and affixed a notice to the outside doors stating, in part: “Club Ventures, which owns and operates certain David Barton Gym facilities, is discontinuing operations at facilities in New York, Boston, Miami, Chicago, and Bellevue, effective immediately.” Consumers who showed up to work-out were instead left out in the cold. DBG was promoting itself on social media up to two days before it closed.

The Attorney General’s office is seeking full restitution and an accounting to determine to whom the health clubs owe money. The office will closely monitor the bankruptcy proceedings and take whatever actions are warranted to protect the interests of the consumers.   

The four Manhattan David Barton Gym locations were: 30 East 85^th Street, 4 Astor Place, 666 Greenwich Street (also referred to as 152 Christopher St.), and 656 Sixth Avenue.  Additional facilities closed at the same time were in Chicago, Miami, Boston, and Bellevue WA. 

Club Ventures and the other corporate defendants purchased the facilities from David Barton, the original owner, in 2013.

Consumers who were DBG members and believe they are owed a refund are urged to file a complaint online or call 1-800-771-7755.  Consumers who paid by credit card are also advised to contact their credit card company and dispute the charges due to the failure of the gyms to provide the contracted services. 

CB 8 Honors 101 Year Old Member

 

   In an era when 16 year old members are being asked to join community boards Mr. Irving Ladimer who turns 101 on Thursday February 16th, Community Board 8 had a little celebration at its full board meeting honoring its board member Irving Ladimers upcoming 101st birthday. 

   

  There was only one candle on the cake, not because 101 candles would not fit, but to symbolize Mr. Ladimers first year in the second century of his life. Irving is still a very active board member, and even still works as a lawyer part time.

Above - CB 8 Chair Dan Padernacht lights the one candle on Mr. Ladimers cake, as the boards Aging Committee Chair Lisa Daub looks on.

Below - Irving blows out the one candle.

Councilman Andrew Cohen was at the board meeting to congratulate Irving on his birthday.

Engel Writes to President Urging Reopening of White House Tours

   Congressman Eliot Engel, a leading member on the House Energy and Commerce Committee, authored a letter to President Trump signed by over 3 dozen of his House colleagues, urging the President to reopen the White House Visitors Office and resume giving tours.

“I’m incredibly disappointed that the White House is refusing to offer tours to the public. Millions of visitors come to the White House each year, including hundreds from my district. We’re now into our fourth week of President Trump’s administration and Congressional offices still have not been given any indication of when the White House will reopen to visitors,” Congressman Engel said. “I sincerely hope that the President ensures the White House resumes tours as soon as possible. ”

Text of the letter can be found below:

Dear President Trump,

We are writing to express our support for the swift reopening of the White House Visitors Office and the resumption of White House tours.

This time-honored tradition of allowing visitors into the White House was started by Thomas Jefferson in 1805, and previous administrations have been quick to reopen the White House doors to the public, even doing so the day after the Inauguration. Presidents Clinton, Bush, and Obama all appointed a White House Visitors Office Director prior to being sworn in, and had reopened the White House to the public at this point.

Nearly 3 million visitors tour the White House each year. As their representatives in Washington, we take pride in assisting our constituents with access to the White House, the Capitol Building and other sites in our nation’s capital. Many of our constituents have already contacted us requesting to visit the White House, and thus far we have not been able to give them any information about when the tours will resume.

While we are pleased that the First Lady’s Chief of Staff, Lindsay Reynolds, has said she is working to ensure that the White House Visitors Office is fully staffed, we urge you to ensure a White House Visitors Office Director is appointed and tours resume as soon as possible.

Sincerely,

Eliot L. Engel                           Grace Napolitano

Jerrold Nadler                        Joseph P. Kennedy III

Albio Sires                                Brenda L. Lawrence

Stephanie Murphy               Chellie Pingree

Dwight Evans                          Marcy Kaptur

Luis V. Gutiérrez                    Richard M. Nolan      

Gerald E. Connolly                Ted W. Lieu

Suzanne Bonamici                 Mark Pocan

Steve Cohen                            Bonnie Watson Coleman       

Gwen S. Moore                      Jared Huffman

Jamie Raskin                            Dina Titus

James P. McGovern             Donald S. Beyer Jr.

Mike Thompson                     Seth Moulton

Collin C. Peterson                  Scott Peters

Barbara Lee                              Louise M. Slaughter

Mark Takano                            Ami Bera, M.D.

Gregory W. Meeks                Raúl M. Grijalva

Brendan F. Boyle                    Nita M. Lowey

Doris Matsui                             Julia Brownley

Earl Blumenauer                     Joe Courtney

Eleanor Holmes Norton       Jackie Speier

Elizabeth H. Esty