Kaleil Tuzman, Former Chairman And Ceo Of Technology Start-Up Company Kit Digital, And Omar Amanat Found Guilty In Manhattan Federal Court Of Securities Fraud Related Offenses

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that KALEIL ISAZA TUZMAN, the former chairman of the board of directors and chief executive officer of the technology start-up company KIT digital (“KITD”), and OMAR AMANAT, an associate of Tuzman’s, were found guilty this afternoon in Manhattan federal court of various securities fraud-related offenses, after a six-week trial presided over by U.S District Judge Paul G. Gardephe. 

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Today, after a six-week trial, a New York jury convicted Kaleil Tuzman and Omar Amanat of securities and accounting fraud.  Kaleil Isaza Tuzman built the company named after himself, Kit Digital, on a foundation of lies, working with his co-defendant Omar Amanat to defraud investors out of millions of dollars through years of deceit.  The evidence of their criminal schemes was so overwhelming that Amanat actually tried to fool the jury by introducing fake emails into the record as exculpatory ‘evidence’ in this trial.  Unfortunately for Tuzman and Amanat, the jury saw through their tangled web of lies, convicting them on all counts.  Today, Tuzman and Amanat’s lies finally caught up to them, and they now must face what they have been desperately seeking to evade for years – justice.”    

According to the Indictment and other filings in Manhattan federal court and the evidence presented at trial:

The Scheme to Defraud Maiden Capital Investors

Stephen Maiden was the managing member of Maiden Capital, an unregistered investment advisory firm that managed portfolios of securities.  Between in or about February 2009 and in or about June 2012, AMANAT, along with Maiden and others, devised and carried out a scheme to hide the fact that investments by Maiden Capital clients in Enable, an investment vehicle for which AMANAT raised money (based, in part, on false and misleading representations), had been lost.  To facilitate the scheme, Maiden, with the knowledge and approval of AMANAT, generated fictitious client account statements that failed to disclose the Enable losses.  In addition, AMANAT wired hundreds of thousands of dollars to a Maiden Capital bank account to support Maiden Capital, including to allow Maiden to repay investors whose redemption requests could not be forestalled and thus to continue to keep secret from Maiden Capital investors the Enable losses for over three years.

Evidence at trial also revealed that AMANAT produced to the Government and entered into evidence at trial email communications that had been fabricated.  After two evidentiary hearings into the issue, the Court allowed the Government to present to the jury evidence of AMANAT’s use of false and fabricated email evidence during the trial.

After the verdict, Judge Gardephe revoked AMANAT’s bail and ordered him remanded into custody, citing numerous factors, including that “substantial evidence was introduced at trial that Mr. Amanat fabricated emails” showing “disdain for the court” and its procedures.

The Market Manipulation Scheme

Between in or about December 2008 and in or about September 2011, TUZMAN, Maiden, and AMANAT engaged in efforts to artificially inflate the share price and trading volume of KITD shares.  During this time period, during which KITD shares traded on the OTC Bulletin Board and on the NASDAQ, Maiden, at TUZMAN’s and AMANAT’s behest, purchased and sold shares of KITD through Maiden Capital, at times for the purpose of manipulating the stock price and at times for the purpose of creating the illusion of greater volume in the trading for KITD shares. 

For instance, Maiden, with TUZMAN’s knowledge and approval, frequently engaged in match trading in which Maiden caused an account under Maiden’s control to buy or sell KITD stock, and on the same day caused an account under Maiden’s control to take the opposite position.  TUZMAN also directed Maiden to make timely purchases of KITD stock in an effort to manipulate the price of KITD shares at certain critical moments, including, for example, when KITD was seeking to raise additional capital and in the weeks before KITD’s stock began trading on the NASDAQ.  At times, Maiden was responsible for nearly all of the day’s trading activity in KITD stock.

Over the course of the scheme, TUZMAN caused KITD to invest approximately $1,150,000 in company cash in Maiden Capital but failed to disclose to KITD shareholders that these investments with Maiden Capital were not part of an arms-length relationship.  Instead, TUZMAN portrayed these investments as efforts to safely invest assets of KITD.  In reality, TUZMAN caused KITD to make these investments in order to help fund Maiden’s purchases of KITD shares, as part of the effort to manipulate the market described above.  And, on one occasion, TUZMAN caused KITD to invest $250,000 in Maiden Capital so that Maiden could reimburse TUZMAN for a prior, personal investment that TUZMAN made with Maiden Capital, thereby using KITD as his personal bank.   

The Accounting Fraud Scheme

From at least in or about 2010 through in or about 2012, TUZMAN, along with Robin Smyth, KITD’s former CFO, Gaven Campion, KITD’s former president,[1] and others, engaged in an illegal scheme to deceive KITD shareholders, members of the investing public, KITD’s independent auditors, and others concerning KITD’s true operating performance and financial results. 

TUZMAN, working with others, including Smyth and Campion, devised and executed a scheme to inflate KITD’s revenue falsely.  This scheme involved two principal methods: (a) the improper recognition of revenue from so-called “perpetual license” contracts for KITD software (contracts that gave the purchasing customer the right to use the licensed software indefinitely), and (b) the execution of fraudulent “round-trip” transactions that had the effect of using KITD’s own cash, rather than payments received from customers, to pay off bills, known as accounts receivable, that were due and owed to KITD, including those resulting from KITD’s improper revenue recognition practices, rather than disclose to KITD’s auditors and the investing public the fact that the bills were uncollectible or, in some cases, had resulted from fabricated contracts.  These fraudulent practices caused KITD to materially overstate its reported revenue, which had the effect of materially overstating KITD’s net income and earnings on its annual and quarterly financial reports issued from the fiscal quarter ending June 30, 2010, through the fiscal quarter ending March 31, 2012.

           

TUZMAN, 45, was found guilty of one count of conspiracy to commit securities fraud and one count of conspiracy to commit wire fraud with respect to the market manipulation scheme.  For the accounting fraud scheme, TUZMAN was found guilty of one count of conspiracy to commit securities fraud, make false statements in annual and quarterly SEC reports, and make false statements to auditors.  The Counts of which TUZMAN was convicted carry a combined maximum term of imprisonment of 30 years, which includes five years each on the conspiracies to commit securities fraud and 20 years on the conspiracy to commit wire fraud.

AMANAT, 44, was found guilty of one count of conspiracy to commit wire fraud, one count of wire fraud, one count of aiding and abetting investment advisor fraud, and one count of conspiracy to commit securities fraud, all in relation to the market manipulation scheme.  The Counts of which AMANAT was convicted carry a combined maximum term of imprisonment of 50 years, which includes five years each on the conspiracies to commit securities fraud and aiding and abetting investment advisor fraud and 20 years each on the conspiracy to commit wire fraud and wire fraud counts.

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

AMANAT is scheduled to be sentenced by Judge Gardephe on April 25, 2018, at 12:30 p.m.  TUZMAN is scheduled to be sentenced by Judge Gardephe on April 26, 2018, at 12:30 p.m.

Mr. Kim praised the investigative work of the Federal Bureau of Investigation and the U.S. Postal Inspection Service.  He also thanked the SEC for its assistance. 

[1] Maiden, Smyth, and Campion have pled guilty to various offenses for their roles in the schemes and cooperated with the Government.

A.G. Schneiderman Seeks Criminal & Civil Contempt Charges Against Phony Lawyer Scamming New York Immigrants

Vincent Gonzalez, Operating Under “God-Man Society Club Inc” in the Bronx, Allegedly Violated Court Order – Defrauding Immigrants in at Least 527 Court Appearances Since 2010 

AG Seeks Millions in Penalties, Fines, and Restitution, as well as Jail Time for Gonzalez

  New York Attorney General Eric T. Schneiderman filed for a criminal and civil contempt order against Vincent Gonzalez, alleging that Gonzalez has violated a 2010 court order and continued to provide legal advice and immigration services to the Latino immigrant community, defrauding immigrants out of legal fees in at least 527 court appearances since 2010. Gonzalez now faces millions in penalties, fines, and restitution, as well as imprisonment for contempt of court.

“It’s unconscionable that a scammer would prey on immigrants in order to make a quick buck – and it’s even more egregious to continue to do so in violation of a court order,” said Attorney General Schneiderman. “With fear on the rise in communities across the state, my office won’t hesitate to use all tools at our disposal to bring to justice those who try to defraud New York’s immigrant families.”

In 2010, following an investigation that found that Gonzalez had been providing phony immigration services, the Attorney General’s Civil Rights Bureau secured a court order and judgment in New York Supreme Court against Gonzalez and his company, Immigration Community Service Corporation, permanently enjoining him from engaging in fraudulent and illegal practices, the businesses of providing immigration services, and the unauthorized practice of law. Gonzalez was also directed to pay two civil penalties of $4,275,000 and $1,845,000 each; $127,635 in restitution and compensatory damages to individuals harmed by his illegal conduct; and the costs of the judicial proceeding.

However, beginning in 2015, the Attorney General’s office received complaints alleging that Mr. Gonzalez once again was representing himself as an immigration attorney, providing immigrants with legal advice without proper legal authorization, and promising to perform other legal services in connection with criminal and immigration cases. According to the complaints, Mr. Gonzalez was operating under the company name “God-Man Society Club Inc.” (“GMSC”), located at 930 Grand Concourse in the Bronx.  

The Civil Rights Bureau initiated an investigation, which found that GMSC’s website (immigrationservices.name) openly offered legal services – boasting “since being established in 2001, we have provided the Bronx and surrounding area with reliable immigration, criminal and civil law services. We offer a high-success rate and we promise to do our job to the best of our ability.”  

As alleged in filings with the court, the Attorney General’s office conducted two undercover operations showing that Gonzalez had continued to provide legal advice and immigration services to individuals in violation of the court’s 2010 order and judgment. Moreover, the Attorney General’s office received information from the U.S. Citizenship and Immigration Services confirming that Gonzalez has filed a Notice of Appearance as Attorney or Representative in at least 527 immigration matters since the 2010 order and judgment.

The court filings further allege that Gonzalez told one victim that he was an attorney who could provide immigration-related services and assist in a pending criminal case. Gonzalez told the victim that he would charge $1,500 as an investigation fee; $5,000 as an initial retainer and another $8,000 to complete the criminal case; and an additional $3,000 for bail if the victim were to be arrested. After paying $650 toward the investigation fee, the victim became skeptical of Gonzalez’s ability to represent him and the reasonableness of the costs, and stopped communicating with Gonzalez.

Despite the court order and judgment, Gonzalez has allegedly continued to represent himself as an immigration attorney and seek payments for immigration services, while failing to make any payments toward the restitution, civil penalty and court costs.

Today, Attorney General Schneiderman filed for a criminal and civil contempt order against Gonzalez in New York County Supreme Court seeking full payment of the prior judgments, plus jail time and a substantial fine be imposed for each day that Gonzalez engaged in contemptuous conduct. Gonzalez faces a maximum incarceration sentence of six months for the civil contempt charges and 30 days for the criminal contempt charges. In addition to paying the millions in judgments already owed, Gonzalez also faces up to a $1,000 fine per day for each day he’s judged to be in criminal contempt, and a maximum fine of the Attorney General’s costs and expenses plus $250 if he’s found to be in civil contempt.

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

If you feel you have been a victim of this type of crime, please contact the Attorney General’s Immigration Services Fraud Unit Hotline at (866) 390-2992 or email Civil.Rights@ag.ny.gov. The Attorney General’s office will never ask for your immigration status or share immigration information with federal authorities if you contact the hotline.

Attorneys must be licensed in the State of New York by the New York State Unified Court System, Office of Court Administration. If possible, before meeting or retaining an attorney, consumers should confirm his or her license on the OCA website: iapps.courts.state.ny.us/attorney/AttorneySearch.

Attorney General Schneiderman also reminds immigrant communities of the New York resources available to those seeking immigration and naturalization-related support. Managed by Catholic Charities Community Services, the New Americans hotline is a toll-free, multi-lingual hotline that provides live assistance in receiving immigration and naturalization information and referrals, regardless of citizenship or documented status. All calls to the hotline are confidential and anonymous. Call 1-800-566-7636 (toll-free) anytime between 9:00am to 8:00pm, Monday through Friday.

Attorney General Schneiderman’s guidance on avoiding immigration scams is available here: https://ag.ny.gov/press-release/ag-schneiderman-issues-urgent-fraud-alert-ice-immigration-scams.

NYC EMERGENCY MANAGEMENT URGES NEW YORKERS TO PREPARE FOR EXTREME COLD

Temperatures forecast to stay 10 to 15 degrees below normal through the weekend

Unsheltered homeless individuals, infants, older adults and people with certain chronic medical conditions are at an increased risk

  The New York City Emergency Management Department today urged New Yorkers to prepare for bitterly cold temperatures and wind chills through the rest of the week. According to the National Weather Service forecast, temperatures will stay below freezing this week with an average forecast temperature of 19 degrees for the next seven days.

“With an arctic chill in our area through New Year’s weekend, make sure you bundle up outside and wear a hat, scarf and gloves,” said NYC Emergency Management Commissioner Joseph Esposito. “Stay indoors as such as possible, and help others to stay safe by checking on elderly family members, neighbors and people with increased health risks.”

Throughout the week, daytime temperatures will generally reach into the teens to mid-20s, while lows will drop into the single digits and teens. Single digit wind chills are expected during the overnight hours through the weekend.  

Cold weather can cause or worsen health problems. Certain individuals, including the unsheltered homeless, people with disabilities and those with access and functional needs are at an increased risk for injuries, illness or death. Others at an increased risk also include people who drink heavily or use drugs and become incapacitated outdoors, or those who live in homes without heat, and:

·   Are 65 years of age or older.

·   Are infants.

·  Have certain medical conditions such as heart or lung disease, high blood pressure, diabetes.

· Have serious mental health conditions or developmental disabilities.

· Have disabilities or access and functional needs (e.g. limited mobility, trouble leaving home).

New Yorkers are also encouraged to check on neighbors, friends, and relatives. Please take the following precautions:

Safety Tips

·   Stay indoors as much as possible.

·  If you have to go outdoors, wear dry, warm clothing and cover exposed skin. Keep fingertips, earlobes, and noses covered. Wear a hat, hood, scarf, and gloves.

·  Shivering is an important first sign that the body is losing heat. Shivering is a signal to return indoors.

·   Be safe at work. Workers who spend a lot of time outdoors are at risk for cold-related health impacts. If you are an employer, implement safe work practices, provide appropriate protective equipment, and train workers on how to stay safe during cold and winter weather.

· Limit alcohol intake. Drinking alcohol may make you feel warmer but it causes your body to lose heat faster. Alcohol also impairs your judgment which limits your ability to take appropriate precautions or remove yourself from a dangerously cold environment in time. As a result, alcohol actually increases your chances of hypothermia and frostbite.

Prolonged exposure to cold can lead to hypothermia, frostbite, and can worsen existing medical conditions such as heart and lung diseases.

Hypothermia occurs when the body temperature drops to a dangerously low level. It can lead to death. Symptoms include:

·   Intense shivering

·   Dizziness

·   Trouble speaking

·   Lack of coordination

·   Sluggishness

·   Drowsiness

·   Confusion

·   Shallow breathing

                                   

Frostbite occurs when parts of the body freeze, such as finger, toes, ears, nose, and cheeks. It can cause permanent damage. Symptoms include:

·   Red or painful skin

·   Pale skin

·   Unusually firm or waxy skin

·   Numbness

Call 911 and follow instructions, or go to the emergency room if you see symptoms of hypothermia or frostbite.

Department of Social Services

A Code Blue Weather Emergency notice is issued when the temperature is forecast to drop to 32 degrees Fahrenheit or less between 4 p.m. and 8 a.m., including National Weather Service calculations for wind chill values.  No one who is homeless and seeking shelter in New York City during a Code Blue will be denied. Should you see an individual who appears to be homeless and in need out in the cold, please call 311 and an outreach team will be dispatched to offer assistance. During Code Blue Weather emergencies, experienced outreach teams work to connect homeless New Yorkers with the following resources:

·         Shelters: During a Code Blue, shelter is available system-wide to accommodate anyone who is reasonably believed to be homeless and is brought to a shelter by outreach teams. Accommodations are also available for walk-ins.

·         Drop-in centers: All drop-in centers are open 24-hours per day, including when Code Blue procedures are in effect, and will assist as many people as possible for the duration of the emergency. Drop-in staff and the dedicated outreach teams they work closely with each and every day can also make arrangements for homeless individuals at other citywide facilities.

·         Safe havens and stabilization beds: Chronically homeless individuals may be transported directly to these low-threshold housing programs.

·         Street homeless outreach: Teams will contact vulnerable individuals on their Code Blue Priority Lists a minimum of once every four (4) hours beginning at 8 p.m. during Code Blue Alerts and once every two (2) hours beginning at 8 p.m. for Enhanced Code Blue Alerts to encourage them to accept services, including transportation to a shelter placement. DSS coordinates borough-level Code Blue efforts directly with partner City agencies, including but not limited to NYPD, DSNY, and the Parks Department.

Safe Home Heating Tips

Improper use of portable heating equipment can lead to fire or dangerous levels of carbon monoxide. Take precautions to ensure you are heating your home safely.

Fire safety tips:

·   Make sure you have a working smoke alarm in every room. Test them at least once a month and change the batteries twice a year.

·   Use only portable heating equipment that is approved for indoor use. Space heaters are temporary heating devices and should only be used for a limited time each day.

·  Keep combustible materials, including furniture, drapes, and carpeting at least three feet away from the heat source. Never drape clothes over a space heater to dry them.

·   Never leave running space heaters unattended, especially around children. Always keep an eye on heating equipment. Turn it off when you are unable to closely monitor it.

·  Plug space heaters directly into a wall outlet. Never use an extension cord or power strip. Do not plug anything else into the same outlet when the space heater is in use. Do not use space heaters with frayed or damaged cords.

·  If you are going to use an electric blanket, only use one that is less than 10 years old from the date of purchase. Also avoid tucking the electric blanket in at the sides of the bed. Only purchase blankets with an automatic safety shut-off.

Prevent carbon monoxide poisoning:

·  Carbon monoxide comes from the burning of fuel. Therefore, make sure all fuel-burning devices such as furnaces, boilers, hot water heaters, and clothes dryers are properly vented to the outdoors and operating properly. If you are not sure, contact a professional to inspect and make necessary repairs.

·  Make sure you have a working carbon monoxide detector. Most homes and residential buildings in New York City are required by law to have carbon monoxide detectors installed near all sleeping areas. Owners are responsible for installing approved carbon monoxide detectors. Occupants are responsible for keeping and maintaining the carbon monoxide detectors in good repair.

·  Keep fireplace chimneys clean and clear of debris.

·  Never heat your home with a gas stove or oven, charcoal barbecue grill, kerosene, propane, or oil-burning heaters. Kerosene heaters and propane space heaters are illegal in New York City.

·  The symptoms of carbon monoxide poisoning are non-specific and include headache, nausea, vomiting, dizziness, sleepiness, trouble breathing, and loss of consciousness. Severe poisonings may result in permanent injury or death.

If a carbon monoxide detector goes off in your home get outside immediately and call 911. If you suspect carbon monoxide poisoning, get outside immediately and call 911. For more fire safety information, visit FDNYsmart.org.

What to Do if You Lose Heat or Hot Water at Home

Living without heat can increase health risks, especially for those most at risk. Building owners are legally required to provide heat and hot water to their tenants. Hot water must be provided 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Heat must be provided during the “Heat Season”, between October 1 and May 31 under the following conditions:

· Between the hours of 6 a.m. and 10 p.m., if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit.

· Between the hours of 10 p.m. and 6 a.m., if the outside temperature falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.

Any New York City tenant without adequate heat or hot water should first speak with the building owner, manager, or superintendent. If the problem is not corrected, tenants should call 311. For the hearing impaired, the TTY number is (212) 504-4115. The center is open 24-hours a day, seven-days a week. You may also file a complaint via mobile app, 311MOBILE, or online at 311ONLINE.

The Department of Housing Preservation and Development (HPD) will take measures to ensure that the building owner is complying with the law. This may include contacting the building’s owner and/or sending an inspector to verify the complaint and issue a violation directing the owner to restore heat and hot water if appropriate. If the owner fails to comply and does not restore service, HPD may initiate repairs through its Emergency Repair Program and bill the landlord for the cost of the work. HPD may also initiate legal action against properties that are issued heat violations, and owners who incur multiple heat violations are subject to litigation seeking maximum litigation penalties and continued scrutiny on heat and other code deficiencies.

Take measures to trap existing warm air and safely stay warm until heat returns, including:

  Insulate your home as much as possible. Hang blankets over windows and doorways and stay in a well-insulated room while the heat is out.

  Dress warmly. Wear hats, scarves, gloves, and layered clothing. 

  If you have a well-maintained working fireplace and use it for heat and light, be sure to keep the damper open for ventilation. Never use a fireplace without a screen.

 If the cold persists and your heat is not restored call family, neighbors, or friends to see if you can stay with them.

  Do not use your oven or fuel-burning space heaters to heat your home. These can release carbon monoxide, a deadly gas that you cannot see or smell.

  Open your faucets to a steady drip so pipes do not freeze.

If You Need Emergency Heating Assistance

The Human Resources Administration (HRA) administers the federal Home Energy Assistance Program (HEAP), which can help low-income renters and homeowners with heating bills and other energy expenses. For information on HEAP, click here. HEAP can help with:

·   Regular heating bills from a variety of heat sources (even if heat is included in your rent or you live in subsidized housing).

·   Emergency payments to keep you from losing your heat.

·   Replacing damaged furnaces, boilers and heating units.

For more information, visit nyc.gov/emergencymanagement. New Yorkers are encouraged to sign up for Notify NYC, the City’s free emergency communications program. To sign up for Notify NYC, download the free mobile application, visit NYC.gov/NotifyNYC, call 311, or follow @NotifyNYC on Twitter.

What You Should Know By Former State Senator Rev Rubén Díaz 'My New Year’s Prayers '

  My New Year’s Prayers 

What you should and already know is that the year 2018 is almost here.   You should know that December 31^st while thousands of people choose to spend long hours on Time Square waiting for the Famous New York Ball to drop announcing the New Year 2018, millions of others like me choose to spend that time in church waiting for the New Year on their knees. 

It is also important for you to know that it is a tradition that while on our knees, waiting for the clock to strike 12:00 midnight, people are praying making their wishes for the New Year.   

Many people present special wishes for their loved ones, their friends, and their foes.   Their petitions to God for things that they would like to see happen during the coming year.   

  

I for one, every year through this, let my love ones, friends and foes know exactly what my petitions or wishes are for them.  So here are my new year’s wishes. 

1^st  For State Senator Mike Gianaris, I ask that he be motivated to stop a very credible, and an already in full gear, and well-funded Democratic challenger in the upcoming Democratic primaries. 

2^nd  For the newly elected city councilman, Mark Gjonah, I ask the Good Lord that he restore his peace by removing the anger and frustration he feels, as a result of the treasonous actions taken by his so-called friends and supporters during that last election. 

3^rd   My hope for Mayor Bill Deblasio is that God almighty remove from him his ill- conceived obsession of restructuring our city streets and putting bus and bicycle lanes throughout the city.   Oh Lord! Let him see that this has only served to create traffic jams and a traffic mess like never seen before.         

4^th   For the New York State Senate Democrats, I ask that the independent DemocratiConference (I.D.C.) and the regular Democratic Conference learn once and for all that twenty-three (23) plus eight (8) does not make thirty-two (32).    I ask for a revelation, that they realize that 32 

joining together does not give the Dems majority, instead it will hand Jeff Klein more power and will lead more members to his conference. 

5^th    For Governor Andrew Cuomo, I ask that his many trips to Puerto Rico will bring forth the fruits he expects from the millions of Puerto Ricans residing in the 50 states. This will prove beneficial when he decides to run for POTUS. 

6^th    For Joe Percoco, I ask that he be found innocent of all charges, brought against him by the “Federales”; so that, his good friend and brother, Gov. Andrew Cuomo could sleep well and be able to concentrate on his plans in becoming POTUS. 

7^th  For Assemblyman Luis Sepulveda:  I ask that the New Year finally free him from the “torture” of being in the NYS Assembly, where his talent and education as a lawyer are being wasted.  I ask that when he moves to the NYS Senate his talents as an attorney can be used in the Senate’s Judiciary Committee. 

8^th    For the City and State weekly magazine, I ask that this magazine be granted the ability to survive without Gerson Borrero’s contribution.   There are many that say that without Borrero the magazine is boring. 

9^th   For City Councilman Corey Johnson, I ask that he be able to full fill all the commitments and promises he made prior to having be selected as Speaker to the NYC City Council.   

10^th  For the thousands of livery taxi drivers in New York City, I ask that once and for all The Taxi and Limousine Commission finally recognize their abuses, persecutions, and discriminatory practices imposed on hard working livery drivers.  I ask that the TLC cease such abusive policies.  I ask that they recognize that their actions of entrapments and fines of thousands of dollars for traffic infractions, that are not applicable to regular drivers, come to an end.  Please reveal to them the error of their ways. 

11^th   For New York State Attorney General Erick Schneiderman I ask that he finally responds to our request for him to take a real good look at who and how the NYS Livery Taxi Compensation funds are being administered. ! Por favor! 

12^th   For Curtis Sliwa I ask that God grant him healing, much strength and a Speedy recovery. 

13^th   For Bronx Democratic County Chairman Marcos Crespo, I ask that he continue to be a skillful leader, and chairman.  He demonstrated great leadership and chairmanship when he masterfully negotiated the next city council speaker. He made us proud to be under his leadership. 

14^th  To NYS Senator Marisol Alcantara that all those feminist leaders and their followers realize that Marisol is a woman and she deserves to be fully supported by them if they are sincere in their movement to promote women.    Oh, Oh, excuse me I forgot that Marisol Alcantara is a Latina woman. 

15^th  To Freddy “Fredito” Perez, Jr., that many, many, doors keep opening for him, and that he becomes number one (1) in the business. 

16^th  Last but to least to Senator Andrea Stewart-Cousin, I ask that the New Year brings her the title and honor she, as a well qualified, hard-working African American woman had earned and rightfully deserves, President of the New York State Senate. 

This is Senator Rubٞén Díaz and this is what you should know.

EDITOR'S NOTE:

  For only five more days will we see 'What You Should Know By State Senator Ruben Diaz. Why you ask is that important, because at the stroke of midnight December 31st while State Senator Ruben Diaz is praying on his knees one of his prayers will have been answered. As the new year arrives at midnight December 31st Ruben Diaz Sr. will become Councilman Ruben Diaz Sr. 

 He will no longer have to worry about what happens in the state senate, whom is fighting with who, any ABC or Democratic primary for four years when he is up for re-election to the City Council. 

 However one of the first things Councilman Ruben Diaz Sr. is going to have to know is that the new councilman from the 13th council district is Mark Gjonaj not Mark Gjonah.

  

MARRICKA SCOTT-MCFADDEN NAMED DEPUTY BRONX BP

  Bronx Borough President Ruben Diaz Jr. today announced that Marricka Scott-McFadden would serve as the new Deputy Bronx Borough President, beginning in January 2018.

“Marricka Scott-McFadden has decades of experience in both the public and private sector, and I am thrilled to welcome her voice to my administration,” said Bronx Borough President Ruben Diaz Jr. “My staff and I look forward to working with Ms. Scott-McFadden as we continue to advance a positive transformative agenda for The Bronx.

“I love The Bronx, and I am thrilled to serve it in this new capacity,” said Deputy Bronx Borough President Marricka Scott-McFadden. “I thank Borough President Diaz for this tremendous opportunity, and I look forward to working with stakeholders across the borough, city and state as we continue to implement a positive agenda for the betterment of the more than 1.4 million people who, like me, are proud to call this borough their home.”

Marricka Scott-McFadden has spent nearly 20 years in politics and public service. Ms. Scott-McFadden served as chief of staff for more than a decade to the current New York State Assembly Speaker, Carl E. Heastie. In this role she oversaw day to day operations of Mr. Heastie’s office and managed his legislative and policy units.

Most recently, Ms. Scott-McFadden served as a vice-president in the New York City and Albany offices of the nationally recognized consulting firm Mercury Public Affairs.

 

Ms. Scott-McFadden received her bachelor’s degree from CUNY’s Herbert H. Lehman College and her master’s degree in Public Affairs and Administration from Metropolitan College of New York. In 2009, she was named one of City Hall News’s “40 Under 40 Rising Stars in Politics. She has also earned a spot on City & State’s 2016 list of the Bronx Most Influential Persons.

Ms. Scott-McFadden is a proud resident of the Northeast Bronx and enjoys serving her beloved community.

Ms. Scott-McFadden replaces Hon. Aurelia Greene, who retired as Deputy Bronx Borough President in December.

EDITOR'S NOTE:

  We wish only the best for our friend Hon. Aurelia Greene upon her retirement from public office. We welcome Ms. Marrika Scott-McFadden to her new position as Bronx Deputy Borough President.

A.G. Schneiderman Leads 13 States Calling On Congress To Reject “Deep And Damaging” EPA Cuts, Anti-Environmental Budget Riders

House and Senate Would Eliminate Over $150 Million in Critical Funds, Could Slash EPA Staff by One-Quarter 

Proposed Budgets Would Mean More Polluted Air, Water, and Communities – Cutting Vital Programs like Enforcement, Scientific Research, and Environmental Justice, While Undermining Clean Water and Clean Air Acts and Limits on Climate Change Pollution 

In New York, Cuts Ignore $74 Billion Shortfall in Water Treatment Needs; Could Block Standards for Toxic Chemicals in Drinking Water 

   Attorney General Eric T. Schneiderman, leading a coalition of 13 states, called on the U.S. Senate and House of Representatives to reject “deep and damaging” cuts in funding for the Environmental Protection Agency (EPA) and anti-environmental riders in federal budget bills. In a letter to Congressional leadership, the coalition charges that the EPA cuts and riders currently proposed by both houses “will lead to more pollution of our air, water, and communities, and an accompanying increase in damage to public health.” The coalition is urging Congress to pass a final budget that fully funds EPA and omits any anti-environmental riders. 

Joining Attorney General Schneiderman in the letter are the Attorneys General of California, Illinois, Iowa, Maine, Maryland, Massachusetts, Oregon, Rhode Island, Vermont, Virginia, and the District of Columbia, and the Secretary of the Pennsylvania Department of Environmental Protection.

“As it stands, these budget bills would lead to untold – and perhaps irreparable – damage to clean water, air, and communities throughout New York,” said Attorney General Schneiderman. “The EPA budget already represents just two-tenths of one percent of federal spending – yet the agency plays an essential role in protecting our environment and our health. We will continue to fight back against these dangerous cuts, and the very real threat they pose to the health and safety of New Yorkers.”

Congress is reported to be negotiating with the Trump Administration on a final fiscal year 2018 budget for the EPA based on the House-passed Interior, Environmental, and Related Agencies FY 2018 appropriations bill (H.R. 3354) and the Senate Appropriations Committee Chairman’s Mark for FY 2018 appropriations for these agencies. While not as draconian as the $2.4 billion in EPA cuts originally proposed by the Trump Administration, the House-passed budget bill would still cut the EPA’s budget by $650 million; the Senate bill would cut the EPA’s budget by $150 million. These budget cuts would leave EPA with its smallest budget since 1986, adjusting for inflation.

The bulk of the proposed cuts fall on central activities of EPA – environmental enforcement and compliance assurance, setting environmental standards, issuing permits, monitoring emissions, and providing technical and legal assistance to enforcement, compliance, and oversight. The House reduces funding for EPA’s core programs by 24 percent – an even deeper cut for these programs than proposed in the Trump Administration’s irresponsible budget – while the Senate shrinks this funding by 10 percent. The Senate budget provides funding to cut EPA’s workforce by one-quarter. 

As the Trump Administration continues to retreat from enforcing federal environmental laws, the Senate and House are proposing cuts in the EPA’s enforcement budget of 10 percent and 15 percent, respectively. The EPA’s enforcement work, often in partnership with the New York Attorney General’s office, has been critical to protecting New Yorkers’ health and environment– from the 2016 action against Volkswagen for emissions cheating, to the 2015 action against Tonawanda Coke Corp for violating federal and state air, water, and waste pollution laws, to the 2013 consent decree with the Lafarge cement company in Ravena to resolve claims for air pollution violations, and much more.

In addition, both the Senate and House follow the Trump Administration’s lead in targeting EPA programs that protect the health of disadvantaged communities, proposing a 10 percent and 15 percent cut, respectively, in funding for the EPA Office of Environmental Justice. 

The coalition’s letter highlights concerns about the Senate’s proposal to eliminate EPA’s Integrated Risk Information System (IRIS) program, which, among other things, plays a fundamental role in the setting of national drinking water standards. The coalition letter notes that drinking water supplies across the country – including in Hoosick Falls, New York – are now contaminated with the toxic industrial chemicals perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). PFOA and PFOS are currently unregulated under the federal Safe Drinking Water Act, with no national monitoring or enforcement mechanism in place to address their risk to the public. The coalition letter states, “the elimination or reduction of the IRIS program will likely delay, if not end, progress toward effective, science-based regulation of these dangerous chemicals, and toward ensuring the health and safety of the water Americans drink”.

The letter also flags several troubling policy riders added to the EPA funding bills, including those that would:

• Create a dangerous precedent by allowing EPA to by-pass federal law and allow the Trump Administration to shut the public out of its planned repeal and replacement of the “Waters of the United States” rule – regulations that define which waters will received protection under the federal Clean Water Act. 
• Delay the implementation of health-based standards for smog pollution for 10 years – even though 115 million Americans, including at least 1 in 3 New Yorkers, currently breathe air with harmful levels of smog.
• Block common-sense regulations for controlling emissions of the potent greenhouse gas methane from the oil and natural gas industry. Controlling methane – which saves the industry money from the recovery of valuable natural gas – also reduces emissions of smog-forming pollutants, and hazardous air pollutants, including benzene and formaldehyde.

Finally, the coalition letter argues that there is a strong argument that more – not less – funding for EPA is needed. For example, it is clear that funding that the EPA provides to states and municipalities has not been sufficient for them to keep pace with the burgeoning challenge of providing safe drinking water and properly treating wastewater. In New York alone, over the next 20 years, it is estimated that over $38 billion will be needed to repair, replace, and update the state’s drinking water infrastructure and over $36 billion is to repair, replace, and update its wastewater infrastructure.