Manhattan U.S. Attorney Announces Charges Against Massachusetts Businessman For Money Laundering, Financial Support For Manhattan Brothel

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Charles Brandeis, the Special Agent in Charge of the New York Field Office of the U.S. Department of State's Diplomatic Security Service (“DSS”), and Philip Bartlett, the Inspector in Charge of the New York Division of the United States Postal Inspection Service (“USPIS”), announced charges today against a Massachusetts businessman, DAVID STASIOR, for providing financing and financial advice to an illegal brothel operating in Manhattan, and conspiring with the brothel owner to use the proceeds from the brothel to promote the brothel’s activities. STASIOR was arrested by agents from DSS, the USPIS, and the U.S. Attorney’s Office for the Southern District of New York this morning and will be presented in federal court in Massachusetts later today.

This case arises from a multiple-year-long investigation in which 17 additional individuals have previously been charged with conspiracy to commit money laundering and conspiracy to violate the Travel Act.  The previously charged individuals have included the owners of a network of at least 10 brothels in Manhattan, and individuals who provided advertising services for these brothels.  These brothels were independently owned but worked cooperatively, and employed prostitutes who typically came to the United States from South Korea pursuant to fraudulently obtained visas or visa waivers.  STASIOR allegedly provided financing for one of these brothels, whose owner was previously charged and pled guilty to money laundering conspiracy.

Acting U.S. Attorney Joon H. Kim stated:  “For years, the defendant allegedly helped launder the proceeds of an illegal brothel operation in Manhattan, providing start-up money, ongoing financial advice, and record-keeping services.  As alleged, the defendant financially supported and profited from this business that exploited vulnerable women and laundered money.”

Special Agent in Charge Charles Brandeis stated:  “DSS continues to disrupt and dismantle transnational criminal organizations seeking to profit from the entry and illicit activities of vulnerable foreign nationals.  This investigation demonstrates the global reach of the Diplomatic Security Service.”

Inspector in Charge Philip R. Bartlett stated:  “This arrest represents the continued effort of law enforcement to put a stop to illegal activity wherever it is found.  Many claim prostitution is the oldest profession in the world.  The anonymity of the internet was used to hide the identity of its operators, keeping law enforcement in the dark.  As in this case, what is done in the dark will always be revealed in the light.”

According to the Complaint[1]:

Since 2012, DSS, USPIS, and the U.S. Attorney’s Office for the Southern District of New York have been investigating a group of brothels (the “Brothels”) operating in and around New York.  Each of the Brothels was independently owned and operated, but the owners of the Brothels worked cooperatively through, among other things, the sharing of approved customer lists and information.  STASIOR started out as a customer of the Brothels.  In 2013, he provided a co-conspirator (“CC-1”)[2] with financing to open a brothel (the “Brothel”), while requiring the co-conspirator to make periodic payments from the Brothel’s proceeds in return for his investment. 

The Brothel used a website to advertise the women prostituted in the Brothel, as well as an online aggregator of advertisements to advertise the Brothel.  The management of online advertising and payment for this advertising was coordinated by the defendant and CC-1, among others.  STASIOR sent multiple emails to CC-1 in which he provided business advice to the Brothel, including advice on how to use online advertising for the Brothel to increase the Brothel’s profits.  STASIOR’s emails included spreadsheets that listed him as a “Partner” in the business and itemized the Brothel’s prostitution revenues and the various expenses involved in running the Brothel, including the cost of advertising.  In these emails, STASIOR also itemized the payments made to him out of the Brothel’s proceeds, and stated that he was concerned about the Brothel’s profitability to ensure that CC-1 would be able to “pay back” the “debt” that had been incurred by his investment in the Brothel.          

           

STASIOR, 53, of Concord, Massachusetts, is charged with one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison, and one count of conspiracy to violate the Travel Act, which carries a maximum sentence of five years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact the Victim/Witness Unit at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900.  For additional information, go to: http://www.usdoj.gov/usao/nys/victimwitness.html

Mr. Kim praised the outstanding efforts of DSS, USPIS, and the criminal investigators working in the United States Attorney’s Office for the Southern District of New York.  He added that the investigation is ongoing.

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

 

[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.

[2] CC-1 has been separately charged in the Southern District of New York with money laundering conspiracy and Travel Act conspiracy, and has pleaded guilty to money laundering conspiracy.

Bronx Man Sentenced In Manhattan Federal Court To Over 12 Years In Prison For Trafficking Approximately 40,000 Oxycodone Pills And Cocaine

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that MARIO HERRERA, a/k/a “Mo,” was sentenced today to 151 months in prison for conspiring to distribute cocaine and oxycodone.  HERRERA pled guilty to one count of narcotics conspiracy on June 2, 2017, before U.S. Magistrate Judge Barbara C. Moses.  U.S. District Judge Loretta A. Preska imposed today’s sentence. 

Acting U.S. Attorney Joon H. Kim said:  “Mario Herrera led a massive drug trafficking organization that stole and forged prescriptions to illegally distribute an estimated 40,000 oxycodone pills.  Herrera’s contribution to the ongoing opioid crisis has now earned him over 12 years in federal prison.  We commend the hard work of the DEA and ATF on this important case.”

According to the Indictment and other documents filed in federal court, statements made at various proceedings in this case, and materials presented at the sentencing hearing:

From in or about late 2012 up to and including in or about December 2015, HERRERA was the leader of a drug trafficking organization (the “Herrera DTO”) that distributed large quantities of oxycodone and cocaine in the Bronx and elsewhere.  As part of his plea, HERRERA admitted his involvement in the distribution of the equivalent of 40,000 oxycodone 30-milligram pills.  In order to obtain the oxycodone that the Herrera DTO distributed, HERRERA, among other things, obtained stolen prescription pads, fabricated oxycodone prescriptions, and then pretended to be a doctor when called by pharmacies to verify the prescriptions.  In addition, HERRERA purchased oxycodone from legitimate prescription holders and others in his community for redistribution.  HERRERA also coordinated the procurement and distribution of cocaine.  As part of this cocaine distribution, HERRERA traveled to Mexico, Texas, and elsewhere.     

           

In addition to the prison term, HERRERA, 32, of the Bronx, New York, was sentenced to seven years of supervised release.  

Mr. Kim praised the outstanding investigative work of the Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives in this investigation. 

A.G. Schneiderman Announces Over $1 Million In Settlements With Two Auto Dealer Groups For Deceptive Practices That Resulted In Inflated Car Prices

Auto-Dealerships In Long Island And Manhattan Will Pay Over $900,000 In Restitution To Nearly 6,400 Consumers Who Were Illegally Charged For After-Sale Items; $135,000 In Penalties And Costs To State  

Attorney General Schneiderman Has Now Returned Nearly $19 Million In Restitution To Nearly 29,000 Consumers Duped By Auto Dealerships

Schneiderman: New Yorkers Shouldn’t Have To Worry That They Will Be Duped When They Are Shopping For A Car

    Attorney General Eric T. Schneiderman today announced two separate settlements with auto dealerships that will return over $900,000 in restitution to nearly 6,400 consumers and $135,000 in penalties and costs to the state for the unlawful sale of credit repair and identity theft protection services to consumers who bought or leased vehicles.  Garden City Nissan, Nissan of Huntington, and VW of Huntington, all related dealerships, are located on Long Island. Potamkin Hyundai and Potamkin Mitsubishi are located in Manhattan.

Attorney General Schneiderman charged the dealerships with the unlawful sale of “after-sale” credit repair and identity theft protection services that often added thousands of dollars to the purchase price of the vehicle. It is a violation of state and federal law to charge upfront fees for services that promise to help consumers restore or improve their credit, and contracts that violate the law are void.

“New Yorkers shouldn’t have to worry that they will be duped when they are shopping for a car,” said Attorney General Schneiderman. “We’ll continue to make sure dealerships are not illegally profiting by charging unsuspecting consumers thousands of dollars on unwanted items. I am pleased that we have now been able to return almost $19 million in restitution to those who have fallen victim to these unscrupulous tactics.”

Typically, after working with a salesperson to choose a car, consumers met with a “Finance & Insurance Manager” who would try to sell the consumer additional “after-sale” products such as extended service contracts, key replacement services, a security system, credit repair services, and identity theft protection services. Often, these after-sale items added hundreds or thousands of dollars in hidden charges to the sale or lease price of a vehicle. The costs of these items were often bundled into the vehicle sale price and not separately itemized.  The Attorney General’s investigation showed that for some dealers, consumers were totally unaware that they had received these services. In many other cases, consumers thought that the services were free. As a result, often unbeknownst to the consumer, the price of the car stated on purchase and lease documents was inflated by the amount of these after-sale items.

In addition to the over $1 million in restitution, penalties, and costs, the settlements prohibit the dealerships from:

• Selling, offering for sale, or marketing credit repair and identity theft services in connection with the sale or lease of a vehicle;
• Selling, offering for sale, or providing to consumers any after-sale product or service unless, prior to such sale, certain material terms, including price, are disclosed verbally and in writing;
• Misrepresenting the price of the vehicle in final lease or sale contracts;
• Failing to provide consumers with sales or lease agreements that clearly and conspicuously itemize each after-sale product or service and its price.

These settlements are part of the Attorney General’s broader initiative to end the practice engaged in by many dealers of “jamming,” or unlawfully charging consumers without their consent or knowledge for purchases.

In 2015, as part of the broader investigation, Attorney General Schneiderman obtained a consent order that shut down Credit Forget, Inc. (CFI), a New York company that sold the unlawful credit repair and identity theft protection services to these and other car dealerships. 

Today’s settlements bring the total number of auto dealership settlements obtained by Attorney General Schneiderman since 2015 to 13, including over $19 million in total restitution and penalties. Nearly 29,000 consumers were eligible for restitution under these settlements. 

The dealer groups included in today’s settlements are:

Long Island

• Garden City Nissan located at 316 N. Franklin Street, Hempstead, NY 11550
• Nissan of Huntington located at 850 E. Jericho Turnpike, Huntington Station, NY 11746
• VW of Huntington located at 838 E. Jericho Turnpike, Huntington Station, NY 11746

Manhattan

• Potamkin Mitsubishi and Potamkin Hyundai are located at 2495 2nd Avenue, New York, New York 10035

Consumers who believe they have been jammed with unwanted products or services in connection with a vehicle lease or purchase, or who were sold Credit Forget It’s credit repair or identity theft protection services, are urged to file complaints online or call 1-800-771-7755.

A.G. Schneiderman Announces Arrest Of Former Grand Juror For Unlawful Disclosure Of Testimony

Jannis Danes Allegedly Leaked Details To Suspects In Grand Jury Narcotics Investigation “Operation Smackdown,” Prompting One Suspect To Flee New York State 

If Convicted, Danes Faces Up To 1 1/3 to 4 Years In State Prison 

Schneiderman: My Office Will Not Tolerate Those Who Weaken Our Justice System And Put New Yorkers’ Safety At Risk

  Attorney General Eric T. Schneiderman today announced the arrest of former Onondaga County Grand Juror Jannis Danes, 54, of Minoa, New York, for allegedly leaking details to suspects involved in “Operation Smackdown,” a joint Attorney General - State Police investigation that resulted in the indictments of 72 people charged with operating two separate drug distribution rings in New York City, Syracuse, and Oswego County. Danes was arraigned this morning in Minoa Village Court on an indictment charging her with Unlawful Grand Jury Disclosure, a Class E Felony. If convicted, Danes faces up to 1 1/3 to 4 years in state prison.

“Jurors have a legal and moral obligation to maintain impartiality and discretion—and if they don’t uphold their responsibilities to our justice system, they must face the consequences,” said Attorney General Schneiderman. “My office will not tolerate those who weaken our justice system and put New Yorkers’ safety at risk.”

State Police Superintendent George P. Beach said, “This arrest sends a clear message that anyone who seeks to interfere with the integrity of our criminal justice process and disrupt the prosecution of dangerous criminals will be held accountable and appropriately punished. I commend the astuteness of our New York State Police Special Investigations Unit and our law enforcement partners in identifying this individual and their intent to obstruct the criminal justice system.”

Prior to being selected as a juror for the Attorney General’s Operation Smackdown investigation, Danes had been instructed that Grand Jury proceedings are secretive and that disclosing the  nature  or  substance  of  any  grand  jury testimony,  evidence, or  decision would be a violation of New York State law. However, Danes knew several of the suspects of the investigation and allegedly disclosed to them specific details and contents of grand jury testimony.

On or between April 11, 2016 and May 12, 2016, Danes is alleged to have disclosed to Julie A. Long and Jeff Meyers specific details of grand jury testimony and evidence presented in connection with Operation Smackdown. Danes allegedly told Julie Long, in the presence of Jeff Meyers, that Julie Long, Mark Spratt, and other mutual acquaintances were suspects in the grand jury investigation. Danes also allegedly shared details of recorded phone calls and captured text messages presented during the trial. Additionally, Danes is alleged to have informed the suspects that the grand jury presentation was near conclusion, prompting Long to move out of state to avoid apprehension by law enforcement.

Following Danes’ disclosure, Meyers repeated information provided to him by Danes about the grand jury testimony and evidence presented in connection with Operation Smackdown to Tina A. Day, who in turn told Lori M. Raum that she was also a suspect in the grand jury investigation.

Around May 12, 2016, the Onondaga County Grand Jury named Julie Long, Mark Spratt, Lori Raum, and others as defendants in connection with Operation Smackdown. Long was ultimately apprehended in South Carolina.

The investigation was conducted by the New York State Police Special Investigations Unit.

Assisting in the investigation was OCTF Investigator Paul Pendergast, under the supervision of Supervising Investigator Thomas M. Wolf and Deputy Chief Eugene Black. The Attorney General’s Investigations Bureau is led by Chief Investigator Dominick Zarrella. 

The charges against the defendants are merely accusations and the defendants are presumed innocent unless and until proven guilty in a court of law.

NYPD OFFICER INDICTED FOR MAKING VIDEOS OF TEENAGE GIRL PERFORMING SEX ACTS

Bronx Officer Charged with Sexually Motivated Felony and Other Charges; Patronized Teen for Prostitution, Promoted Obscene Sexual Performances

  Bronx District Attorney Darcel D. Clark today announced that a New York City police officer has been indicted on sex offenses and other charges stemming from patronizing an underage girl for prostitution and inducing her to perform sex acts in videos. 

  District Attorney Clark said, “The defendant is charged with 67 counts including numerous sex offenses, for alleged sexual acts with a young girl. The defendant preyed on the vulnerable young woman and videotaped his demeaning and dehumanizing acts. It is especially disturbing that these crimes are alleged against a member of the NYPD.”

  New York City Police Commissioner James P. O’Neill said, "The nature and scope of the charges in this indictment are egregious. The fact that the defendant is an NYPD officer evidences an unconscionable violation of his oath to uphold the law and protect the public. I commend the professional actions of the NYPD investigators who initiated this case as well as the thorough follow-up by the Internal Affairs Bureau in assisting Bronx prosecutors in the securing of a criminal indictment.” 

   District Attorney Clark said the defendant, Raul Olmeda, 40, of the Bronx, who was assigned to the 42nd Precinct but has been on modified duty, was indicted on 15 counts of Sexually Motivated Felony, five counts of Use of Child in a Sexual Performance, five counts of third-degree Rape, four counts of third-degree Criminal Sexual Act, nine counts of third-degree Aggravated Patronizing a Minor for Prostitution, third-degree Patronizing a Person for Prostitution, five counts of Endangering the Welfare of a Child, five counts of Promoting an Obscene Sexual Performance by a Child, five counts of Possessing an Obscene Sexual Performance by a Child, five counts of Promoting a Sexual Performance by a Child, five counts of Possessing a Sexual Performance by a Child, fourth-degree Tampering with a Witness, Official Misconduct and Unauthorized Use of a Computer.

  Olmeda was arraigned today before Bronx Supreme Court Justice Steven Barrett and bail was set at $250,000. He is due back on October 16, 2017. If convicted of the top charge, he faces up to 15 years in prison.

  According to the investigation, between late January of 2017 and early April of 2017, the defendant allegedly repeatedly paid a teenage girl for sex and videotaped her in multiple sexual acts. While executing a search warrant on the defendant’s home, authorities seized numerous hard drives as well as a computer, cell phone and other electronic media. The investigation is ongoing.

  District Attorney Clark thanked the NYPD Internal Affairs Bureau’s Group 21 for its assistance in the investigation. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

REPS. TORRES, SCHNEIDER, ENGEL INTRODUCE BILL TO UPDATE REPORTING REQUIREMENTS FOR SEMI-AUTOMATIC RIFLES

  Reps. Norma J. Torres, Bradley S. Schneider, and Eliot L. Engel introduced the Multiple Firearm Sales Reporting Modernization Act. If approved by Congress and passed into law, the bill would require a federal firearms licensee to report the sale of two or more long guns, including semi-automatic rifles such as the AR-15 and the AK-47, within a five-day period.

 

This bill’s introduction comes less than two weeks after the mass shooting in Las Vegas. The shooter, Stephen Paddock, possessed an arsenal of deadly firearms, including a number of semi-automatic rifles. However, because of a loophole in existing reporting requirements, his purchases never came to the attention of law enforcement agencies. 

 

“This bill is a long-overdue update.” said Rep. Torres. “Our law enforcement agencies need to know if anyone is stocking up on AR-15s and AK-47s. The multiple sales reporting provision that is already on the books has helped our law enforcement go after handgun trafficking rings across the country. There is simply no reason why we should exempt semi-automatic rifles from that provision.”

 

 “Too often after tragedies like Las Vegas, we ask why someone didn’t see this coming,” said Rep. Engel. “ATF is able to track the sale of handguns, but extending that to all firearms is an important first step to address the gun violence crisis in this country.”

 

 “Each day more innocent lives are claimed, and more families are devastated by senseless gun violence,” said Rep. Schneider. “It’s outrageous that long guns such as AR-15s are exempt from the reporting requirements that apply when someone purchases multiple handguns. This bill is a commonsense update to apply the same rules to all firearm purchases.”

 

A long-standing provision in the federal code requires gun dealers to file a report to law enforcement when two or more handguns or pistols are purchased in a five-day period. This provision dates back to the time when lawmakers and citizens were principally concerned about crime and violence involving handguns. Since then, however, semi-automatic rifles such as the AR-15 and the AK-47 have become significantly more prevalent on America’s streets and have emerged as the weapons of choice for drug cartels in Mexico.

MAYOR DE BLASIO HIGHLIGHTS ACCOMPLISHMENTS OF NONPROFIT RESILIENCY COMMITTEE’S FIRST YEAR

As the Nonprofit Resiliency Committee embarks on its second year, Mayor Bill de Blasio today highlighted its accomplishments in strengthening the partnership between the City and the nonprofit human service sector. Since the creation of the Committee, the City has implemented practices and policies to facilitate closer collaboration between the City and non-profit organizations in the development, design and management of more than $6.5 billion in social service programs every year. 

The committee’s accomplishments include many immediate investments and policy changes made to stabilize the sector, and the implementation of strategies that will allow social service organizations to continue delivering high-quality services to vulnerable New Yorkers over the long-term.

Investments

The City’s FY 2018 adopted budget includes $374 million in investments made by this Administration in the human services sector for the current fiscal year, increasing to more than $600 million annually by FY 2021.

This includes additional funding to support nonprofits’ administrative overhead costs, and rate increases for several essential programs and services including homeless shelters, Beacon youth centers, and case management for seniors. With these investments, the City acknowledges the increasing costs of delivering services. In some cases, payment rates had not been increased in a quarter century.

The investments also cover collective bargaining increases for day care workers, along with a wage increase of about 9% and a minimum wage of $15 per hour by 2019 for employees in the nonprofit human services sector.

Cash Flow Policy

The City implemented a new policy designed by our nonprofit partners to put payments in the hands of service providers earlier. The 25% advance on all registered City contracts increases cash flow to service providers, allowing them to seamlessly continue to help New Yorkers in need.

In the first quarter of this fiscal year, the City disbursed $604 million in advances to fund program startup costs and support financial stability for nonprofit providers.

Enhancing Contracting Services

Health and Human Services (HHS) Accelerator is the City’s web-based system used to electronically manage procurement with our nonprofit providers. Through the work of the Committee, the City leveraged the platform to digitize fiscal audits for the first time, impacting more than 1,000 human service contracts per year.

Digitizing audits reduces duplicative requests and hours of staff time and labor required to submit documents to City offices.

Collaborative Program Design Guide

The Committee produced a written guide on how City agencies and nonprofits can work together to design programs and services that achieve maximum impact for New Yorkers. 

Feedback from nonprofit partners suggests that the design and structure of programs can present challenges in executing contract responsibilities as it relates to staffing, budgeting and other requirements. By improving communication during the development of human service programs, the guide will be a tool for creating more effective and sustainable programs moving forward.

The City is currently using this guide to design a three-year, $29.7 million program at the Department of Corrections that aims to reduce the recidivism rate. Recommendations from the guide also informed the creation of the Civic Service Design Tools + Tactics, an initiative of the Mayor’s Office for Economic Opportunity that launched this month to provide an introduction to service design for City Agencies and public servants.

Procurement Training

In response to feedback from nonprofit partners, the Mayor’s Office for Contract Services (MOCS) held educational sessions to provide more information about the City’s procurement process, making the City contracting more accessible and transparent. 

Taken together, the Nonprofit Resiliency Committee’s policies and practices implemented in the first year will alleviate administrative burdens for nonprofits; foster greater communication between the City and community based organizations and expand the capacity for each organization to execute its mission; and increase consistency, efficiency, accessibility and transparency in working with the City.

“We set out on a mission and our first year’s efforts have proved to bring significant improvements to the way we best serve New Yorkers with our partners in human services,” said Mayor Bill de Blasio. “New Yorkers count on us to work together and deliver on some of our biggest initiatives. The Committee’s second year promises to build upon these achievements.”

“Our government and nonprofit providers are critical partners in our work to support New Yorkers,” said Deputy Mayor for Health and Human Services Dr. Herminia Palacio. “I am very proud that in the past year we have together been able to weave a strong, vibrant fabric to support individuals, families, and communities.”

“In order to fulfill our mission of creating a more just and sustainable city, the social service sector and City government must work together. Much of the important work we do happens in partnership with our nonprofit partners. This past year, through joint problem-solving, increased collaboration, and by addressing some of the most immediate needs of New York City's non-profit sector, we’ve made important strides to making an already strong sector even stronger. In doing so, we will be able to positively impact the lives of more people in this City and achieve our shared goals,” said Richard Buery, Deputy Mayor for Strategic Policy Initiatives and Co-chair of the Nonprofit Resiliency Committee.

 

"Our nonprofit partners are essential to delivering critical and effective services throughout our New York City communities," said Michael Owh, Director of the Mayor's Office of Contract Services. “The City is committed to supporting their organizations and programs MOCS appreciates the countless hours nonprofit leaders devoted to collaborating with us in an effort to streamline administrative processes and enhance accessibility to City contracting. Our partnership achieved rapid results that we look forward to expanding in our second year.”

"The city's community-based organizations do critical work to increase equity by ensuring all New Yorkers have access to vital services," said Matt Klein, Executive Director of the Mayor's Office for Economic Opportunity. "The Committee has opened new critical pathways for government and nonprofit providers to work more closely together and we are proud to help strengthen this cross-sector collaboration."

A.G. Schneiderman On Clean Power Plan: I Will Sue To Stop Repeal

A.G. Schneiderman Leads Coalition Of States And Localities That Intervened To Defend The CPP

  New York Attorney General Eric T. Schneiderman released the following statement today following EPA Administrator Scott Pruitt’s announcement that the Trump Administration will repeal the Clean Power Plan:

“By seeking to repeal the Clean Power Plan – especially without any credible commitment to replacing it – the Trump Administration’s campaign of climate change denial continues, once again putting industry special interests ahead of New Yorkers’ and all Americans’ safety, health, and the environment. 

“I am proud to lead the coalition of states and localities defending the Clean Power Plan in federal court. If and when the Trump Administration finalizes this repeal, I will sue to protect New  Yorkers’ and put a stop to the  Trump Administration’s irresponsible and illegal efforts to turn back the clock on public health.

“Fuel-burning power plants are one of our nation’s largest sources of climate change pollution, and common-sense science –  and the law – dictate that EPA take action to cut these emissions. In fact, states like New York have demonstrated that greenhouse gases from power plants can be reduced dramatically, while holding the line on utility bills, maintaining grid reliability, and adding billions of dollars and thousands of jobs to our economies. 

“The Trump Administration’s persistent and indefensible denial of climate change – and their continued assault on actions essential to stemming its increasing devastation – is reprehensible, and I will use every available legal tool to fight their dangerous agenda.”

Background 

The Clean Power Plan is the culmination of a decade-long effort by New York and partnering states and cities to require mandatory cuts in the emissions of climate change pollution from fossil fuel burning power plants under the Clean Air Act.  Eleven years ago, New York and other states sued EPA in the D.C. Circuit after the agency failed to establish emission standards for carbon dioxide from fossil-fueled power plants.  That lawsuit resulted in a settlement, finalized in 2011, in which EPA committed to undertake rulemaking to address carbon dioxide from power plants.

In November 2015, a coalition of 25 states, cities and counties, led by New York Attorney General Schneiderman, intervened in defense of the Clean Power Plan against legal challenge in the D.C. Circuit Court of Appeals.

The Clean Power Plan, along with the companion rule applicable to new, modified, and reconstructed power plants, will control emissions by setting limits on the amount of climate change pollution that power plants can emit. The rule for existing plants is expected to eliminate as much climate change pollution as is emitted by more than 160 million cars a year – or 70% of the nation’s passenger cars.

The Clean Power Plan, which was adopted through a multi-year stakeholder process, is founded on three solid pillars: 

• a mandatory duty under law to regulate carbon pollution from existing power plants;
• overwhelming scientific proof of the need to take prompt action to reduce power plant emissions of climate change pollution; and
• compelling evidence that power plants can cost-effectively cut these emissions while maintaining electricity reliability.

Mandatory duty to limit carbon pollution from power plants. The Supreme Court has repeatedly confirmed EPA’s authority to address carbon emissions under the Clean Air Act, beginning with its decision ten years ago in Massachusetts v. EPA. Subsequently, EPA found based on an extensive scientific record that greenhouse gases, principally carbon dioxide, endanger public health and welfare. EPA’s decision was upheld in by the D.C. Circuit in 2012, and EPA Administrator Pruitt acknowledged in his confirmation hearing that the endangerment finding “needs to be enforced and respected.”

The Clean Power Plan, which establishes guidelines for states to limit carbon pollution from existing power plants, and the companion rule setting standards for new power plants, address one of the largest sources of carbon pollution in the U.S. Those two rules are firmly grounded in another Supreme Court case, American Electric Power v. Connecticut. There, the Court held that New York and other states could not use federal common law public nuisance to address power plant carbon pollution because section 111 of the Clean Air Act—the section of the law EPA relied in the Clean Power Plan and new plant rule—“speaks  directly” to those emissions.

Compelling scientific evidence on the need to act now. The scientific evidence is compelling that climate change is harming our communities now and that prompt and substantial emission reductions are necessary to avert catastrophic impacts. In its 2009 finding that greenhouse gases endanger public health and welfare, EPA cited more intense, frequent, and long-lasting heat waves; worse smog in cities; longer and more severe droughts; more intense storms such as hurricanes and floods; the spread of disease; and a dramatic rise in sea levels.

When it finalized the Clean Power Plan in 2015, EPA emphasized that additional scientific studies bolstered the endangerment finding, citing increased risk of premature death (especially in children and the elderly) during extreme heat events and from infectious and waterborne diseases, as well as threats to coastal communities and infrastructure from storms and rising sea levels. We have witnessed this firsthand in our communities. For example, New York has experienced dramatic increases in the frequency and intensity of storms, including a record deluge in Long Island in August 2014. Recent destruction fromHurricanes Harvey, Irma, and Maria is likewise consistent with scientists’ projections of an increased frequency and damage from extreme storm events. And in South Florida, even before Hurricane Irma struck, flooding exacerbated by rising seas had become commonplace, harming homes, roads, bridges, drinking water, and sewage systems. Like 2014 and 2015, 2016 was the warmest year on record. In a report issued last year, the National Academies of Science stated that “if emissions of greenhouse gases continue unabated, future changes will substantially exceed those that have occurred thus far.”

Well-established track record of emission reductions. The rulemaking record for the Clean Power Plan conclusively shows that power plants can substantially cut carbon pollution and do so cost effectively. As power companies supporting the Plan in the litigation explained, the best system of emission reduction chosen by EPA—increasing efficiency and shifting from dirtier to cleaner power generation—is already routinely used in the industry.

EPA also drew heavily on the experience of states that have enacted laws similar to the Clean Power Plan—experience that has demonstrated cutting carbon emissions does not hinder economic growth. For example, through the Regional Greenhouse Gas Initiative (RGGI), New York and eight other states successfully reduced regional carbon dioxide emissions from the electricity sector by 45 percent from 2005 levels.  The RGGI program has provided substantial public health benefits in participating as well as neighboring states, including avoiding hundreds of premature deaths, heart attacks, hospitalizations, and emergency room visits, averting 39,000 lost work days, and hundreds of thousands of cases of restricted activity days due to air pollution – and generating up to $8.3 billion in health savings and other health benefits – between 2009 and 2014.  Moreover, over the program’s first three years alone, total energy bills across the nine states were reduced by $1.3 billion and $1.6 billion was added to the local economy.