Attorney General James Announces Final Rules to Modernize and Streamline Securities Filings in NYS

 

Adopted Rules Will Move Filers to National Electronic Systems, Create Greater Protections for Investors

 New York Attorney General Letitia James today announced the adoption of final rules that will modernize registration and filing with the Investor Protection Bureau (IPB) in the Office of the Attorney General (OAG). This adoption is the latest step in Attorney General James’ ongoing efforts to streamline and enhance the oversight of the securities industry in New York by moving filings and payments to standardized federal and multi-state systems. Once these changes are fully implemented in 2021, New York’s registration procedures will better conform to the federal securities registration regime, cure industry confusion when it comes to certain registration requirements, and better track exam requirement compliance and disciplinary disclosures for thousands of investment advisers who provide investment advice to New Yorkers. Earlier this year, while these new rules were being completed, Attorney General James announced procedural changes to respond to growing impediments stemming from the coronavirus disease 2019 (COVID-19) public health crisis. An update to those changes, that reflect the new rules and recent executive orders, can be found on the OAG website.

“These new rules reflect years of hard work by this office to bring securities registration into the 21st century,” said Attorney General James. “By moving to standardized electronic filings and payments, our systems will be more resilient to disruption in the future and will be better equipped to protect investors from frauds, especially critical as we have seen an exponential rise in these types of scams as a result of COVID-19. It is more important than ever for New Yorkers to know who they are dealing with when making an investment, and these rules will do exactly that by expanding the registration and tracking of individual investment advisers. Ultimately, this action represents a significant step forward in our efforts to protect New York investors and oversee securities sales practices.”

A detailed summary of the changes in the new rules can be found on the IPB’s Rule Proposal page, but the revisions impact two benchmark rules for New York securities regulation. The first adoption — amending Part 10 of Chapter II, Title 13 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) — will move required notice filings for federal “covered securities” being sold in New York to the electronic filing depository system for the North American Association of Securities Administrators (NASAA). The adopted rules clarify that these filings are mandatory and should be filed on the NASAA website beginning on December 2, 2020.

The second adoption — amending Part 11 of Chapter II, Title 13 of the NYCRR — will require the registration of investment adviser representatives (IAR) in New York, fully implementing the OAG’s registration authority under the Martin Act. IARs will be required to register through the Central Registration Depository/Investment Adviser Registration Depository (collectively CRD/IARD). Beginning on February 1, 2021, IARs will be explicitly required to meet exam requirements and register with the state. To accommodate this change, the rule contains a significant implementation period, which allows those currently engaged in business covered by the new regulations to continue their business without an approved registration until December 2, 2021, so long as certain criteria are met. The adopted rule also creates a new exam special waiver category for people who have been serving as IARs for at least two years.

The OAG expects publication of the adopted rules in the State Register to occur tomorrow, December 2, 2020. The new Part 10 adoption will be effective upon publication. The new Part 11 adoption will be effective as of February 1, 2021, though the OAG expects that persons subject to the rule will begin preparations for compliance well before the effective date. The OAG plans to post further guidance on these rules prior to their taking effect.

A summary of the rule changes, guidance on EFD filings and IAR registration, and the full text of the new rules can be found on the IPB’s Rule Proposal page. All forms referenced in the rules may be found on the OAG’s website.

Applicants and registrants should periodically check the IPB’s Rule Proposal page for updated guidance on the new rules. The IPB will also be updating its website in the coming months.

MAYOR DE BLASIO, NEW YORK BLOOD CENTER LAUNCH GIVEBLOODNYC SWEEPSTAKES TO ENCOURAGE BLOOD DONATIONS THIS HOLIDAY SEASON

 

Donors earn the chance to win one of 50 prizes; 25K blood donations needed between Thanksgiving and New Year’s Eve

 Mayor de Blasio today joined the New York Blood Center (NYBC) to unveil GiveBloodNYC, a new campaign this holiday season to encourage New Yorkers to give the gift of life. GiveBloodNYC has a simple goal: to collect 25,000 blood, plasma, and platelet donations throughout the season of giving. 

 

From Thanksgiving through New Year’s Eve, New Yorkers will be eligible for one of 50 prizes after they donate blood. Donors are encouraged to post photos of themselves to spread the word at donor centers and blood drive locations with the hashtag #GiveBloodNYC. 

 

“Giving blood makes a difference,” said Mayor Bill de Blasio. “It’s an easy, meaningful way to give back to your community this holiday season, and I urge New Yorkers to join the fight this month to keep New York City healthy.”

 

“Throughout this pandemic, the people of this city have stepped up and done what was needed to keep each other healthy,” said Health Commissioner Dr. Dave A. Chokshi. “Donating blood is one more way to quite literally give life to our fellow New Yorkers. Schedule appointment today.”

 

The COVID-19 pandemic has created a chronic deficit in blood donations needed for patients in the hospitals served by the New York Blood Center. Since March, nearly all high schools, colleges, offices and other community groups have had to cancel their blood drives, which has jeopardized 75 percent of the incoming blood supply. New York Blood Center reports that, as of November 30th, the city is at a 3-day blood supply, down from its ideal 7-day supply. With the city amid another uptick of positive cases, it’s more important than ever that New York has an adequate blood supply to support healthcare facilities.

 

“Throughout the pandemic, we have experienced a chronic deficit in blood donations. We are launching this campaign with the hopes of getting New Yorkers into our centers and stabilizing the blood supply,” said Andrea Cefarelli, Senior Executive Director of Recruitment & Marketing for New York Blood Center. “As the second wave looms, we are grateful to have the support of the City. This winter will not be an easy one, but we have been through difficult times before. When times get tough, New Yorkers always find a way to take care of each other.”

 

How You Can Enter 

 

1. Schedule an appointment at nybc.org/donate to donate at one of New York Blood Center’s NYC locations before December 31.
2. While you are at the donor center, we encourage you to take a selfie of your visit and tag New York Blood Center on social media with the hashtag #GiveBloodNYC.
3. Visit www.nybc.org/givebloodNYC to fill out your entry form.

 

Every Monday, NYBC will announce 10 winners and prizes on social media and their website. Participants who did not win that week will have their entry rolled over to the following weeks, until the contest is over. One entry per person. Please visit nybc.org/sweepstakes for the full contest rules.

 

Governor Cuomo Announces Winter Plan to Combat COVID-19 Surge in New York State

 

5 Targeted Strategies to Manage and Mitigate the Spread of COVID-19

Strategy 1: Manage Hospital Capacity to Enhance and Equalize Care

Strategy 2: Increase and Balance Testing Resources and Availability

Strategy 3: Keep Schools Open Safely 

Strategy 4: Prevent Viral Spread from Small Gatherings

Strategy 5: Operationalize an Equitable and Safe Vaccination Program

 Governor Andrew M. Cuomo today announced New York's plan for combating COVID-19 this winter. Over the past week, Governor Cuomo and the state's COVID Task Force has worked in consultation with global public health experts, local governments and other stakeholders to ensure that the plan builds off the lessons learned during the past nine months to anticipate and prepare for an expected increase in COVID cases and hospitalizations over the Holiday season.

Specifically, the winter plan consists of five targeted strategies focused on mitigating the spread of the virus and bolstering New York State hospital preparedness including:

• Continue and Strengthen New York's Targeted Micro-Cluster Strategy while Managing Hospital Capacity to Enhance and Equalize Care;
• Increase and Balance Testing Resources and Availability;
• Keep Schools Open Safely;
• Prevent Viral Spread from Small Gatherings; and
• Operationalize an Equitable and Safe Vaccination Program

"While the holiday season often brings joy to many, the increase in social activity and mobility will also bring an increase of viral transmission. We understand the cause and effect, and the effect is dramatic," Governor Cuomo said. "We must adapt to this reality and have a plan in place that specifically addresses the challenges that come with it. We've been through the worst, and while we're not done yet, we are moving forward with the lessons we learned in the spring to come through this together."

Strategy 1 - Continue and Strengthen New York's Targeted Micro-Cluster Strategy while Managing Hospital Capacity to Enhance and Equalize Care

Since Governor Cuomo first launched New York's micro-cluster strategy in mid-October, it has proved effective in identifying targeted areas with high infection rates and implementing additional restrictions to reduce viral spread in the micro-cluster area. This approach has allowed state and local health officials to target resources, has encouraged community members to take greater action to reduce viral spread, and helped prevent the need for larger, regional shutdowns which impact all aspects of life and the economy.

Under New York's Winter COVID-19 Plan, this strategy will be strengthened through the utilization of additional, hospital-related metrics to provide a clearer picture of where a particular zone stands in the fight against COVID and how each neighborhood, municipality, and other geographic area contributes to daily hospital admissions due to COVID. Under this improved strategy, the New York State Department of Health will include factors such as regional hospital bed capacity, ICU capacity, staffing ratios, and daily hospital admissions as part of the analysis and metrics used to determine which geographic areas qualify as micro-cluster zones. In addition to the 3 existing micro-cluster zone levels (Yellow Precautionary, Orange Warning and Red), New York will also add a new 'Emergency Stop' level, which will effectively put that area under the NY Pause guidelines, if needed to preserve hospital capacity. Hospital metrics associated with these zones will be identified in the next week to 10 days, once data from the Thanksgiving holiday is received and analyzed.

Additionally, the Department of Health today began to initiate emergency hospital measures to prepare the state's hospital system for an expected surge in new admissions over the upcoming weeks. Specifically, these measures include: 

1. Hospital systems must begin to identify retired nurses and doctors to bolster staff;
2. Hospital systems in Erie County must suspend elective surgeries to create new bed capacity for COVID patients;
3. Hospital systems must begin balancing patient loads across their individual hospital facilities;
4. Prepare plans to utilize emergency field hospitals;
5. Prepare plans to increase hospital bed capacity by 50 percent;
6. Prepare plans to implement statewide 'Surge and Flex' operations (similar to load balancing, but patient shifts would occur across all hospital systems, as opposed to within individual hospital systems)
7. Prepare plans to staff emergency field hospitals; and
8. Confirm availability of resources in existing stockpiles. 

The Department of Health will also be launching a new, statewide hospital metric tracking system.

We must adapt to this reality and have a plan in place that specifically addresses the challenges that come with it.

Governor Andrew M. Cuomo

Strategy 2 - Increase and Balance Testing Resources and Availability

Under the Winter Plan, New York state will take steps to increase the amount of testing available statewide, but do so in a way that ensures distribution is balanced with testing sufficient across different segments of the population, including:

• Healthcare workers;
• Nursing homes;
• Schools;
• Essential workers;
• Business professionals;
• Personal services testing; and
• General population, returning students and travelers, etc.

Strategy 3 - Keep Schools Open Safely

One of the most critical aspects of managing the COVID-19 pandemic for governments and parents alike has been answering the question of how and when schools should remain open. On that point, experts from around the globe have determined that as long as a school's infection rate is under control and remains under the infection rate of the community at large, schools should remain open, particularly for students in K-8. Not only does school provide parents with support in terms of childcare, it provides a regularity to life which has been missing for so many children throughout this pandemic. 

Under New York's Winter Plan, efforts will be focused on keeping K-8 and Special Education schools are kept open as long as it can be done safely. The first step will be to establish sustainable, ongoing testing in schools so that they can continue operating in the long term. As part of this, schools located in Orange and Red micro-cluster zones will be required to conduct weekly testing. Schools in Orange Zones will be required to test 20% of in person students, faculty, and staff over the course of a month and schools in Red Zones will be required to test 30% of in person students, faculty, and staff over a month. Pool testing will be allowed as well.

These protocols represent the minimum standard required for schools to stay open and the state may adjust requirements for specific districts based on any special circumstances which may arise. While local districts are able to close at levels under the state's mandatory closure rule, they are urged to keep K-8 schools open whenever it is safe.

Strategy 4 - Prevent Viral Spread from Small Gatherings

Small gatherings have now been identified as the number one spreader of COVID-19, with at least 65 percent of all cases coming from these settings. Now that we are in holiday season, behavioral shifts must be observed by New Yorkers to mitigate the spread. Sixteen states, including New York, have already instituted gatherings limits of less than 10 people, with Kentucky recently moving to gathering limits to 8 or less. While government's ability to monitor small gatherings is limited, public education on the safety concerns of small gatherings is crucial. As New York State did with public campaigns urging mask compliance, New York State will be launching a public education campaign to highlight how small gatherings can lead to the spread of COVID-19 in the community.

Strategy 5 - Operationalize an Equitable and Safe Vaccination Program

While a vaccine is expected to be released in the coming weeks, it will be months before a critical mass of available vaccinations for the general public will be available. As the state builds its plan to distribute vaccinations, it will be founded on three main pillars:

• Fairness;
• Equity; and
• Safety.

These pillars, as well as outreach to the Black and Brown communities with poor health outcomes who have been hit hardest by the pandemic, are critical to ensuring a fair distribution of the vaccine.

Governor Cuomo Signs Legislation Establishing a "Right To Publicity" for Deceased Individuals to Protect Against the Commercial Exploitation of their Name or Likeness

 

Legislation (S5959D /A.5605-C) Establishes Right to Publicity Protections for Deceased Individuals, Ability to Transfer Rights to Descendants

Legislation Establishes Protections Against Revenge Porn and "Deep Fakes"

 Governor Andrew M. Cuomo today signed legislation (S5959D /A.5605-C) that establishes a "Right to Publicity" for deceased individuals to protect against the commercial exploitation, or unauthorized use, of their personal characteristics that have commercial value - their name, picture, voice or signature after their death. Additionally, these rights can be exercised by their descendants, giving performers estates the ability to control and protect their likeness or image after they have died. The legislation also creates new penalties for publishing sexually explicit depictions of individuals, protecting people from revenge porn and "deep fakes," which are synthetic media that are increasingly being used in the digital age to create images of fake events.

"In the digital age, deceased individuals can often fall victim to bad actors that seek to capitalize on their death and profit off of their likeness after they pass away - that ends today," Governor Cuomo said. "This legislation is an important step in protecting the rights of deceased individuals while creating a safer, fairer New York for decades to come."

The "Right of Publicity" refers to every individual's inherent right to control the commercial use of his or her personal characteristics. This legislation balances longstanding First Amendment protections with the need to further protect the unauthorized exploitation of performers for commercial purposes in the digital age, after they have died.

Senator Diane Savino said, "This legislation will protect artists and their image both today and after their death for years to come. It also takes the important step of protecting them from having their image superimposed onto pornographic imagery, which only looks to damage their reputations. These important steps will make our state a safer and fairer place for artists of all levels to call home. I thank Gov. Cuomo for signing this bill into law and look forward to continuing the fight for workers' rights alongside him."

Assemblymember Helene E. Weinstein said, "At present, tens of thousands of performers and broadcasters who call New York home have no protection from unscrupulous operators who steal their image and persona for commercial gain to use after their death. This bill creates significant legal protections against such wrongful conduct, and also protects those in the acting community from those who would use "deep fakes" to falsely depict them as engaging in sexual activity."

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - NOVEMBER 30, 2020

 

Positive Testing Rate in All Focus Zone Areas is 6.22 Percent; New York State Positivity Outside All Focus Zone Areas is 4.02 Percent     

Statewide Positivity Rate is 4.57 Percent

54 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"All the experts spoke about what was going to happen when we reach the fall—there's colder weather, more people are indoors and more people are now traveling. While there has been a change in behavior amongst the majority of people who understand and follow protocols, it's as critical as ever we continue our work and focus on preparing this state, and its residents, for winter," Governor Cuomo said. "We are already in the holiday season, and that is going to have a profound effect. It already has. It had an effect when people started to travel for the holiday season, when they started to travel for Thanksgiving, when students to go home, when people started to shop, and when they started to move around. Increased mobility and social activity equals increased viral infection rate. It is directly proportionate. And we talked about this before Thanksgiving, you are not just going into the Thanksgiving weekend, you're starting a 37-day holiday period. It's not a one- or two-day affair—it's going to be the entire holiday season. New Yorkers need to stay vigilant, wash their hands, wear masks, socially distance and follow the rules as we move through the next 37 days and beyond."

The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 6.22 percent, and outside the focus zone areas is 4.02 percent. Within the focus areas, 37,632 test results were reported yesterday, yielding 2,341 positives. In the remainder of the state, not counting these focus areas, 111,342 test results were reported, yielding 4,478 positives.

Today's data is summarized briefly below:

·         Patient Hospitalization - 3,532 (+160)

·         Patients Newly Admitted - 457

·         Hospital Counties - 54

·         Number ICU - 681 (+14)

·         Number ICU with Intubation - 325 (-1)

·         Total Discharges - 85,556 (+269)

·         Deaths - 54

·         Total Deaths - 26,747

NYC Restaurateur Sentenced To Two Years In Prison For Tax Evasion Scheme

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today that ADEL KELLEL, owner of Raffles Bistro, formerly a restaurant located in New York City, was sentenced in Manhattan federal court to two years in prison for perpetrating a tax evasion scheme.  KELLEL previously pled guilty before U.S. Magistrate Judge Gabriel W. Gorenstein to one count of tax evasion for the calendar years 2011 through 2015.  U.S. District Judge Paul G. Gardephe, who accepted KELLEL’s guilty plea, imposed today’s sentence.

Acting U.S. Attorney Audrey Strauss said:  “Adel Kellel cooked his books to conceal income from the IRS and his own accountants.  He spent the ill-gotten gains on personal luxuries like a Mercedes, a Porsche, and a Maserati.  Now he will spend two years in federal prison.”

According to the allegations contained in the Information to which KELLEL pled guilty, court filings, and statements made in public court proceedings:    

In 2011, KELLEL was the President and a 45 percent owner of K&H Restaurant, Inc. (“K&H”), which operated Raffles Bistro (“Raffles”), a restaurant then located in a hotel (the “Hotel”) in Manhattan.  From 2012 through 2015, KELLEL was the 100 percent owner of K&H.  The gross receipts of K&H consisted primarily of: (a) credit card payments by Raffles’ customers; (b) cash payments by Raffles’ customers; and (c) check payments by the Hotel for various services that Raffles provided to hotel guests and patrons, including room service, banquets, and catering.

KELLEL perpetrated a scheme to evade income taxes by diverting and failing to report to the Internal Revenue Service (“IRS”) a substantial portion of K&H’s gross receipts for the calendar years 2011 through 2015.  As part of his tax evasion scheme, KELLEL diverted over 150 Hotel checks, totaling over $2.1 million in gross receipts, which he hid from his accountants and the IRS.  KELLEL concealed these receipts – representing approximately 43 percent of this particular revenue stream for the restaurant – by depositing them into more than a dozen bank accounts that KELLEL did not disclose to his accountants.  KELLEL also diverted cash income received from Raffles’ customers, a portion of which he deposited into personal bank accounts or spent directly on personal expenses, without disclosing it to his accountants or paying taxes on it. 

KELLEL used the diverted income for various personal expenses, including overseas transfers; condominium fees; rent for a high-end Manhattan apartment; college tuition payments from his children; shopping at luxury retailers, such as Hugo Boss and Saks Fifth Avenue; payments for luxury cars manufactured by Mercedes, Porsche, and Maserati; and payments for domestic and international travel.

By fraudulently concealing from his accountants a substantial portion of K&H’s gross receipts, KELLEL caused K&H’s corporate income tax returns and KELLEL’s own individual income tax returns for the calendar years 2011 through 2015 to be materially false.  As a result of his conduct, KELLEL admitted to causing a combined tax loss of at least $771,195 to the IRS and the New York State Department of Taxation and Finance (“NYSDTF”).

In addition to the prison term, Judge Gardephe ordered KELLEL, 63, of New Hyde Park, New York, to pay restitution to the IRS in the amount of $613,478, and to pay restitution to NYSDTF in the amount of $157,717.  KELLEL was also ordered to serve three years of supervised release.

Ms. Strauss praised the outstanding work of the Internal Revenue Service, Criminal Investigation, in this case.  Ms. Strauss also thanked the U.S. Department of Justice’s Tax Division for its significant assistance in the investigation.

Acting Manhattan U.S. Attorney Announces Extradition Of Co-Founder Of Global Cryptocurrency Ponzi Scheme

 

 Audrey Strauss, Acting United States Attorney for the Southern District of New York,  and Peter C. Fitzhugh, Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced that GUTEMBERG DOS SANTOS, a citizen of Brazil and the United States, was extradited from Panama on November 25.  DOS SANTOS is charged by indictment with co-defendants Pablo Renato Rodriguez, Scott Hughes, Cecilia Millan, Karina Chairez, and Jackie Aguilar for their roles in an internationally coordinated fraud and money laundering ring involved in defrauding individuals through investments in AirBit Club, a purported cryptocurrency mining and trading company.  DOS SANTOS was arrested on August 18, 2020, in Panama City, Panama, and will be presented later today before U.S. Magistrate Judge Katharine H. Parker.  Rodriguez, Hughes, Millan, and Aguilar were arrested in the United States on August 18, 2020, and Chairez was arrested in the United States on October 20, 2020.  The case has been assigned to U.S. District Judge George B. Daniels. 

Acting United States Attorney Audrey Strauss said:  “As alleged, Gutemberg Dos Santos played a key role in an international investment scam that promised extraordinary rates of return on phantom investments in cryptocurrencies, defrauding victims of tens of millions of dollars.  Thanks to HSI, Dos Santos is now in U.S. custody.”

HSI Special Agent in Charge Peter C. Fitzhugh said:  “The extradition of Dos Santos reflects the determination of agents from HSI New York’s El Dorado Financial Crimes Task Force to dismantle global criminal organizations, wherever the investigation takes us.  Utilizing our broad authorities and network of law enforcement partners, HSI will continue to hunt those who allegedly prey upon innocent citizens for financial gain.”

According to the allegations in the Superseding Indictments:[1]   

Rodriguez, DOS SANTOS, Hughes, Millan, Chairez, and Aguilar participated in a coordinated scheme in which victim-investors (the “Victims”) were induced to invest in AirBit Club based on the promise of guaranteed profits in exchange for cash investments in club “memberships” (the “AirBit Club Scheme” or the “Scheme”).  Beginning in late 2015, AirBit Club, through its founders, Rodriguez and DOS SANTOS, as well as its promoters (the “Promoters”), including Millan, Chairez, and Aguilar, marketed AirBit Club as a multilevel marketing club in the cryptocurrency industry.  Promoters falsely promised Victims that AirBit Club earned returns on cryptocurrency mining and trading and that Victims would earn passive, guaranteed daily returns on any membership purchased.

Rodriguez, DOS SANTOS, Hughes, Millan, Chairez, and Aguilar traveled throughout the United States, and around the world to places in Latin America, Asia, and Eastern Europe, where they hosted lavish expos and small community presentations aimed at convincing Victims to purchase AirBit Club memberships.  In furtherance of the AirBit Club Scheme, the Victims were induced to buy memberships in cash, including in the Southern District of New York.  Following a Victim’s investment, a Promoter provided the Victim with access to an online AirBit Club portal to view the purported returns on memberships (the “Online Portal”).  While Victims saw “profits” accumulate on their Online Portal, those representations were false:  No Bitcoin mining or trading on behalf of Victims in fact took place.  Instead, Rodriguez, DOS SANTOS, Millan, Chairez, and Aguilar enriched themselves, and spent Victim money on cars, jewelry, and luxury homes, and financed more extravagant expos to recruit more Victims. 

Hughes, an attorney licensed to practice law in California, had previously represented Rodriguez and DOS SANTOS in a Securities and Exchange Commission (“SEC”) investigation related to another investment scheme known as Vizinova before aiding Rodriguez and DOS SANTOS in perpetrating the AirBit Club Scheme by, among other things, helping to remove negative information about AirBit Club and Vizinova from the internet. 

In many instances, as early as 2016, Victims who attempted to withdraw money from the AirBit Club Online Portal and complained to a Promoter were met with excuses, delays, and hidden fees amounting to more than 50% of the Victim’s requested withdrawal, if they were able to make any withdrawal at all.  In one instance, Aguilar told one Victim of the AirBit Club Scheme who was complaining about her inability to withdraw AirBit Club returns that she should “bring new blood” into the AirBit Club Scheme in order to receive her returns.

In April 2020, another victim received a notice on the AirBit Club Online Portal that his account was closed – and principal investment lost – due to “execution of financial sustainability Reserve, policy #34 of the Airbit Club Terms and Conditions, due to the economic and financial crisis caused by (Covid-19).”

Rodriguez, DOS SANTOS, Hughes, Chairez, and Millan sought to conceal the AirBit Club Scheme, as well as their respective control of the proceeds of that Scheme, by requesting that Victims purchase memberships in cash, using third-party cryptocurrency brokers, and by laundering the Scheme’s proceeds through several domestic and foreign bank accounts, including an attorney trust account managed by Hughes (the “Hughes Trust Account”).  The Hughes Trust Account was ostensibly intended to maintain custody of Hughes’s law practice’s client funds.  Instead, the Hughes Trust Account was used by Rodriguez, DOS SANTOS, Hughes, and Millan to conceal the nature and origin of the AirBit Club Scheme’s illicit proceeds.  Through that account, Hughes directed Victim funds to the personal expenses of Rodriguez, DOS SANTOS, Millan, and himself, and funded promotional events and sponsorships designed to further promote the AirBit Club Scheme.  In total, the defendants laundered at least $20 million in proceeds of the Scheme through these various methods.

DOS SANTOS, 45, of Panama City, Panama, is charged with one count of conspiracy to commit wire fraud, one count of conspiracy to commit bank fraud, and one count of conspiracy to commit money laundering. The wire fraud conspiracy and money laundering conspiracy charges each carry a maximum term of 20 years in prison, and the bank fraud conspiracy charge carries a maximum term of 30 years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge. 

Ms. Strauss praised the outstanding investigative work of Special Agents from Homeland Security Investigations’ El Dorado Task Force, HSI Panama, the HSI Panama City Transnational Criminal Investigative Unit, and HSI New Orleans.  Ms. Strauss further thanked the attorneys and investigators at the SEC whose expertise and diligence were integral to the development of this investigation.

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

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

Attorney General James Wins Green Light Appeal, Protecting Immigrants’ Ability to Legally Obtain Drivers Licenses

 

New York Attorney General Letitia James today released the following statement after the U.S. Court of Appeals for the Second Circuit upheld a district court decision that dismissed a lawsuit brought by Erie County Clerk Michael (Mickey) Kearns that would have blocked the Green Light law from taking effect last year:

“The Green Light law is legal and enforceable, and today’s decision marks the third federal court to dismiss challenges brought seeking to enjoin the law. This law provides protections to all New Yorkers by making our roads safer, growing our economy, and allowing immigrants to come out of the shadows to sign up as legal drivers in our state. As the state’s attorney and chief law enforcement officer, I am proud to have vigorously defended this law and will continue to do so against all who oppose it.”

Last November, U.S. District Judge Elizabeth Wolford granted a motion by Attorney General James to dismiss this lawsuit, which was the subject of this appeal.

Additionally, last December, Attorney General James won dismissal of a separate lawsuit brought by Rensselaer County Clerk Frank Merola — who also sought to block the Green Light law from taking effect — in the U.S. District Court for the Northern District of New York.