Tuesday, September 28, 2021

Man Convicted Of Murder In Manhattan Federal Court For June 2000 Fatal Shooting

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that RALPH BERRY was found guilty by a unanimous Manhattan jury for the murder of Caprice Jones in the vicinity of 751 East 161 Street, Bronx, New York.  BERRY will be sentenced before the Honorable U.S. District Judge Alison J. Nathan, who presided over the jury trial.  

U.S. Attorney Audrey Strauss said:  “In June of 2000, Caprice Jones was senselessly gunned down, the unintended victim of drug-dealer Ralph Berry and a co-defendant, who tragically missed their mark when trying to murder a rival dealer. Instead, their bullet struck Jones, who died after suffering a years-long spinal injury.  This case typifies the inherent danger of the drug trade, which oftentimes leaves innocent victims in its wake. I commend the career prosecutors and agents of this Office in their partnership with the outstanding detectives of the NYPD for their determination in bringing closure in the cold case.”

According to the Indictmentand other evidence presented at trial in federal court:

In the summer of 2000, BERRY was the head of a violent drug crew that operated in the McKinley Housing Development in the Bronx, New York.  On June 21, 2000, BERRY ordered one of his subordinates to shoot a rival drug dealer with whom BERRY had been feuding over drug territory.  That subordinate followed BERRY’s order and fired multiple shots into a Father’s Day barbecue being held on the McKinley Houses basketball courts. Caprice Jones, an innocent bystander who was not involved in the drug dispute, was struck in the spine by one of the bullets. The gunshot injury Jones sustained that day left him paralyzed from the waist down and ultimately caused his death in November 2010, at the age of 42.

BERRY, 54, was convicted of murder through use of a firearm, which carries a maximum penalty of life in prison and a mandatory minimum sentence of five years in prison, murder in connection with a drug trafficking crime, which carries a maximum penalty of life in prison and a mandatory minimum sentence of 20 years in prison, and murder in aid of a racketeering enterprise, which carries a mandatory minimum sentence of life in prison.  

The maximum potential sentence in this case is prescribed by Congress and is provided here for information purposes only, as any sentencing of the defendants will be determined by the judge.

 Ms. Strauss praised the outstanding work of the New York City Police Department and the Special Agents of the United States Attorney’s Office for the Southern District of New York. 

Bronx Metro-North Station Area Study - Next Stop: Hunts Point & Co-op City!!

 


Remote Open House for Hunts Point & Co-op City is open to all!
 

The Bronx Metro-North Study (BMNS) Team and the Department of City Planning (DCP) invites you to engage with us through our Remote Open House!
 

Since May 2021, we launched the Remote Open House for the station areas around Parkchester/Van Nest and Morris Park. This week we are excited to announce that the Hunts Point and Co-op City station areas are open! 

Since launching our remote engagement:

  • 1,000+ visitors who have accessed our Remote Open House
  • 90+ Station-Area Surveys have been completed
  • 70+ Community Members have participated in our Remote Workshops


Make sure to get on-board and stop at our Hunts Point and Co-op City stations and tell us what you want to see and what your needs and concerns are for the planned new station-areas by taking the survey or booking office hours with one of our planners! 
 

Engage with the BMNS Team via our Remote Open House 
 

Remote Open House

Only have a few minutes? Take our Surveys!

Be sure to complete the surveys for the Hunts Point and Co-op City station areas, by choosing a station below to let us know what your vision is for the neighborhoods around these new planned stations! 
 
Surveys for these station areas will be available until end of Fall 2021! 

         Hunts Point Station Area Survey

          Co-op City Station Area Survey
                               

                                          

Representative Adriano Espaillat Secures Over $8 Million in Grant Funding for District Health Centers

 

Resources Will Support COVID-19 and Primary Health Care Infrastructure Needs in New York City's Medically Underserved Communities

 Today, Representative Adriano Espaillat (NY-13) announced that he has secured over $8 million in American Rescue Plan funding for nine Health Resources and Services Administration (HRSA) Health Center Program-funded health centers in New York's 13th congressional district that will support major health care construction and renovation projects throughout New York City. These awards will strengthen primary health care infrastructure and advance health equity and health outcomes in medically underserved communities, including through projects that support COVID-19 testing, treatment, and vaccination. The awards were made through the Health Resources and Services Administration.


“Health centers are lifeline for many of our most vulnerable families across the country, and this was made especially clear amidst the pandemic,” said Rep. Espaillat. “Thanks to the American Rescue Plan, we are able to modernize facilities across my district and New York City to meet the most pressing public health challenges. This historic investment means we get to expand access to care for COVID-19 testing, treatment and vaccination – all while advancing equity along the way.”


HRSA Health Centers in New York’s 13th congressional district receiving funding are:

  • EAST HARLEM COUNCIL FOR HUMAN SERVICES, INC - $624,586
  • HERITAGE HEALTH AND HOUSING, INC - $548,521
  • SETTLEMENT HEALTH AND MEDICAL SERVICES, INC - $649,589
  • UPPER ROOM AIDS MINISTRY, INC.: ADULT DAY HEALTH CARE CENTER - $552,360
  • MONTEFIORE MEDICAL CENTER - $427,510
  • MORRIS HEIGHTS HEALTH CENTER, INC - $1,118,860
  • COMMUNITY HEALTHCARE NETWORK, INC., - $1,099,247
  • INSTITUTE FOR FAMILY HEALTH - $1,764,329
  • NEW YORK CITY HEALTH AND HOSPITALS - $1,899,266

Health centers will use this funding for COVID-19-related capital needs, constructing new facilities, renovating and expanding existing facilities to enhance response to pandemics, and purchasing new state-of-the-art equipment, including telehealth technology, mobile medical vans, and freezers to store vaccines.


For more information or assistance with applying for federal grants, you can contact our office directly or visit: espaillat.house.gov/services/grant-applicants.


Attorney General James Announces 125 Guns Turned in at Community Gun Buyback in Plattsburgh

 

AG James Has Taken More Than 2,200 
Firearms Out of Communities Since 2019

 New York Attorney General Letitia James today announced that 125 firearms were turned in to law enforcement at a community gun buyback event in Plattsburgh hosted by her office and the Plattsburgh Police Department. In a continued effort to protect New York communities, the Office of the Attorney General (OAG) accepts — with no questions asked — working and non-working, unloaded firearms in exchange for compensation on site. To date, Attorney General James has taken more than 2,200 firearms out of communities through gun buyback events and other efforts since taking office in 2019. 

“Our neighborhoods are safer when we take dangerous guns out of our communities and ensure that they can never be of harm to anyone,” said Attorney General James. “In light of an increase in gun-related violent crime across Clinton County, it is essential that we do everything we can to stop gun violence and protect our families and children. My office will continue to take every measure possible to protect communities in Plattsburgh and throughout New York, and we thank our partners in law enforcement for their vital support and collaboration in this effort.” 

pgbb1

pggb2

“The gun buyback event is a safe and efficient way to remove unwanted guns that people may have laying around their house,” said Plattsburgh Police Lieutenant Darin Perrotte. “Many North Country residents possess firearms either that they personally purchased or acquired as they were passed down generationally. These may be hunting rifles, pistols, or other antique firearms. The gun buyback gives people a safe means for disposing of these firearms and preventing them from ending up in the wrong hands. We thank the New York Attorney General’s Office for working in collaboration with the Plattsburgh Police Department to safely remove these guns from our streets.”

Today’s community gun buyback resulted in the collection of 125 guns, including 63 handguns, 57 shotguns and rifles, and 5 non-working guns. Since 2013, OAG has hosted gun buyback events throughout New York state and has successfully collected more than 4,200 firearms.

In exchange for the firearms, OAG offered monetary compensation, in the form of prepaid gift cards, when an unloaded gun was received and secured by an officer on site. 

“The partnership with the Attorney General's Office has been instrumental in developing this opportunity for our community,” said Plattsburgh Mayor Christopher Rosenquest. “That partnership is much appreciated and respected. Not only does this program help remove unused or unneeded firearms off of our community's streets but also shows our community members, business leaders, and other municipal leaders that we're actively working towards responsibly making our street's safer. It's important for the community to understand that a lot of the firearms surrendered are from owners who either are no longer interested in owning the weapon. Surrendering these items reduces the chance of them getting stolen or lost over the years.”

Gun violence is a public health crisis that is plaguing communities throughout New York, and today’s event is the latest action that Attorney General James has taken to combat this crisis and protect New Yorkers from harm. This year alone, Attorney General James has held 13 gun buybacks across the state, and has also secured dozens of dangerous firearms through takedowns of violent groups terrorizing New York. To date, Attorney General James has taken a total of more than 2,200 guns out of communities since 2019. 

Founder Of New York Litigation Finance Firm Pleads Guilty To Multimillion-Dollar Securities Fraud Scheme

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, and Philip R. Bartlett, the Inspector-in-Charge of the New York Division of the U.S. Postal Inspection Service (“USPIS”), announced that JAESON BIRNBAUM, an attorney and the founder of Cash4Cases, Inc., a bankrupt litigation funding firm that was headquartered in New York, New York, pled guilty to securities fraud today before U.S. District Judge Paul A. Crotty.  BIRNBAUM admitted as part of his plea that he used investor funds for his own purposes and double-pledged the same case recoveries as collateral to multiple parties.

U.S. Attorney Audrey Strauss said: “Jaeson Birnbaum conned investors through a series of lies about his litigation finance business, Cash4Cases.  He used Cash4Cases to steal cash for himself and then tried to cover up his scheme by directing a subordinate to falsify books and records.  Now Birnbaum awaits sentencing for his fraudulent conduct.”

USPIS Inspector-in-Charge Philip R. Bartlett said: “Everything Mr. Birnbaum told his investors was a lie framed around the idea of a good investment.  Postal Inspectors see these cases all the time and remind investors to thoroughly check the fine print on any investment offer, and if the return seems too lucrative or unreal, pass it by to make sure your money goes to fund your lifestyle and not the criminal’s.”

According to the Information and statements made in Court:

From at least in or about 2017 through in or about 2019, BIRNBUAM obtained more than $3 million in investments for Cash4Cases based on fraudulent misrepresentations.  These investments were in the form of promissory notes, titled “Investor Security Agreements” (“ISAs”), which purported to provide the relevant investors with a security interest in the recoveries associated with certain specified lawsuits that were ostensibly purchased by Cash4Cases.  In fact, in some instances, the lawsuits that were either never funded by Cash4Cases or BIRNBAUM had previously pledged their recoveries to other parties.

To help carry out his fraud, BIRNBAUM directed an employee to falsify his company’s books and records to make it appear that the recoveries from lawsuits that had already been paid out were still available to be pledged as collateral to new investors.

BIRNBAUM also misappropriated a substantial portion of investors’ funds for his personal use and to make promised payments to earlier investors.  As one example, BIRNBAUM obtained a $1 million investment for Cash4Cases in September 2019.  Prior to this investment, BIRNBAUM told the investor that Cash4Cases would use the money exclusively for advances to litigants.  However, contrary to this representation, on the same date that Cash4Cases received the $1 million investment, BIRNBAUM used the money to send a $530,000 wire toward the purchase of a house in New Jersey.

BIRNBAUM, 47, of Boca Raton, Florida, faces a maximum sentence of 20 years in prison.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  BIRNBAUM is scheduled to be sentenced before Judge Crotty on January 6, 2022, at 12:00 p.m.

Ms. Strauss praised the investigative work of the USPIS.  Ms. Strauss also thanked the Securities & Exchange Commission, which brought a civil action today against BIRNBAUM in Manhattan federal court.

95 Days and Counting

 


I want to say one thing, and that is, that I intend to stay involved in politics after I am term limited out of office. I should be able to be your next governor, but I want to see who else may be running. 


As for Rikers Island I visited it and held a press conference afterwards. The cities DOE mandate has been upheld by a federal appeal's court, and the Supreme Court should not be hearing it, because it is a State's Rights issue, which the city won.

MAYOR DE BLASIO ANNOUNCES APPOINTMENT OF DANIELLE FILSON AS PRESS SECRETARY


Danielle Filson will assume the role after serving as top spokesperson for nation’s largest school system

 

Mitch Schwartz has been promoted to First Deputy Press Secretary 

 Mayor Bill de Blasio today announced the appointment of Danielle Filson as press secretary. Having served at the New York City Department of Education since 2018, Filson moves to City Hall after the successful, full opening of schools following the COVID-19 pandemic. Filson will be responsible for engaging media and leading the day-to-day operations of the Mayor’s Press Office. 

“Danielle and I have worked closely together to reopen our schools and deliver a strong, equitable education for kids across New York City,” said Mayor Bill de Blasio. “I know firsthand the incredible work she has accomplished at the Department of Education and I am excited for Danielle to join the City Hall team and help New Yorkers as we drive a recovery for all of us and defeat the pandemic.” 

 

“From day one, Danielle has been by my side and I got to watch as she wrapped her arms around the one million students and staff of our public schools, said Schools Chancellor Meisha Porter. She has been one of my closest advisors and an integral leader who worked night and day to ensure schools and young people took center stage and the public had accurate, timely information as we emerged from one of the most difficult periods of our history. While I will miss her daily guidance at DOE, the City is lucky to have such a dedicated, intelligent and thoughtful New Yorker stepping into this role at this critical time.”

 

“It’s an honor to be asked to step up and continue serving the city I love. Working alongside Chancellor Porter as Press Secretary for the nation’s largest school district has been the honor of a lifetime,” said incoming Press Secretary Danielle Filson. “I look forward to joining another top notch team, advancing Mayor de Blasio’s progressive agenda, and building on New York City’s recovery and comeback from COVID-19.”

 

Mitch Schwartz, currently serving as City Hall Deputy Press Secretary and Director of Rapid Response, has been promoted to First Deputy Press Secretary. Katie O’Hanlon will serve as Acting Press Secretary for the DOE, alongside Deputy Press Secretary Nathaniel Styer and Deputy Press Secretary Sarah Casasnovas.

 

6 Physical Therapists And 2 Acupuncturists Charged In Over $20 Million Health Care Fraud Scheme

 

Leader of Scheme Also Charged with Fraudulently Obtaining COVID-19 Unemployment Benefits

 Audrey Strauss, the United States Attorney for the Southern District of New York, and Scott Lampert, Special Agent in Charge of the New York Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), announced the unsealing today of an indictment charging acupuncturists JUNYI LIU, a/k/a “Jenny,” and HONGXING WANG, as well as physical therapists GLEEN ANCIRO, NOEMI ALGODON, MOHAMED ELMANDOUH, GERARD ESTRELLA, RAMON GARCIA III, and HENLER DATU TAHIL, and cashier ZIHAO CHEN with operating an over $20 million health care fraud scheme at fraudulent medical offices in Manhattan, Brooklyn, and Queens.  As part of the fraud scheme, CHEN and other of the defendants’ co-conspirators paid cash kickbacks to patients (the “Paid Patients”) who were insured by Medicare and/or other insurance providers (collectively, the “Insurance Providers”), and the defendants and their co-conspirators then billed Medicare and the insurance providers for physical therapy and acupuncture services related to the Paid Patients that were unnecessary or never performed.  LIU was additionally charged with unlawfully enriching herself and a family member through a COVID-19 unemployment benefit scheme.

The defendants were arrested earlier today and will be presented this afternoon before U.S. Magistrate Judge Gabriel W. Gorenstein.  The case is assigned to Chief U.S. District Judge Laura Taylor Swain.

U.S. Attorney Audrey Strauss said: “As alleged, the defendants perpetrated a multimillion-dollar health care fraud scheme in which they billed Medicare and other insurers for physical therapy and acupuncture services that were either not rendered in the manner purported or not rendered at all.  Large-scale insurance frauds of the type alleged here impose hidden but very real costs on the public as well as insurers.  Thanks to our partners in this case, the defendants are in custody and facing serious federal charges.”

HHS Special Agent in Charge Scott Lampert said: “These allegations describe a greed-fueled scheme that undermined our health care system and the people it serves.  Health care providers participating in the Medicare program are trusted to furnish medically necessary services and to make beneficiaries collaborators in their care, not conspirators in fraud.  HHS-OIG and our law enforcement partners proudly work to protect federal health care funds by identifying and quelling fraudulent billing of providers.”

According to the allegations contained in the Indictment[1] and statements made during court proceedings:

Between 2018 and 2021, LIU, a licensed acupuncturist, operated medical offices (the “Offices”) from which LIU and her partners fraudulently billed the Insurance Providers for physical therapy and acupuncture services that were not rendered in the manner represented or not rendered at all.  During the scheme, LIU partnered with other licensed medical professionals, including ANCIRO, ALGODON, ELMANDOUH, ESTRELLA, GARCIA, and TAHIL, all of whom were licensed physical therapists, and WANG, who was a licensed acupuncturist (collectively, the “Partners”).  The Partners’ roles in the scheme typically included: (i) allowing the Offices to use their enrollments with the Insurance Providers to submit to the Insurance Providers materially false and fraudulent claims for reimbursement for physical therapy and acupuncture services that were not rendered in the manner represented or were not rendered at all; (ii) creating materially false medical documentation, which stated that certain physical therapy and acupuncture services had been rendered, when such services in fact were not rendered in the manner represented or were not rendered at all; and (iii) contributing financing for the Offices, including for the payment of cash kickbacks to the Paid Patients to induce those patients to provide their insurance information and receive medically unnecessary and/or non-existent services at the Offices.  LIU and certain of the Partners also agreed to give kickbacks, including cash and expensive wine, to employees of Insurance Providers to enable the scheme to continue.

In furtherance of the scheme, LIU employed receptionists, cashiers, marketers, financial and billing personnel, acupuncturists, massagists, and other personnel.  The cashiers included CHEN, who on numerous occasions distributed tens of thousands of dollars in cash kickbacks to the Paid Patients.  In some instances, these Paid Patients visited the Offices, signed in, and received unnecessary physical therapy and acupuncture services.  In other instances, the Paid Patients visited the Offices, signed a sign-in sheet and other documents, and then left without receiving any services at all.  In yet other instances, the Paid Patients did not visit the Offices at all and instead signed sign-in sheets and other documents brought to them elsewhere.  Regardless of whether the Paid Patients received any services or even visited the Offices at all, the Partners used the Paid Patients’ insurance information to fraudulently bill the Insurance Providers for unnecessary and/or never rendered services.

While LIU and her Partners were defrauding the Insurance Providers of millions of dollars, from April 2020 through September 2021, LIU also engaged in a scheme to obtain COVID-19 unemployment benefits for herself and a family member (the “Family Member”) by fraudulently submitting and causing to be submitted to the New York Department of Labor materially false online applications and certifications for COVID-19 benefits.  Among other things, the applications and/or certifications represented that LIU was unemployed when, in fact, she continued to operate the Offices for all or nearly all of this period, and that LIU’s Family Member was unable to work because of COVID-19 during a five-month period when the Family Member was in China. 

JUNYI LIU, 67, of Great Neck, New York, GLEEN ANCIRO, 50, of Floral Park, New York, NOEMI ALGODON, 49, of Mineola, New York, MOHAMED ELMANDOUH, 48, of Staten Island, New York, GERARD ESTRELLA, 39, of West Hempstead, New York, RAMON GARCIA III, 39, of Merrick, New York, HENLER DATU TAHIL, 38, of East Meadow, New York, HONGXING WANG, 61, of Brooklyn, and ZIHAO CHEN, 20, of Queens, are each charged with: (1) conspiring to commit health care fraud, which carries a maximum sentence of 20 years in prison; (2) conspiring to violate the Anti-Kickback Statute, which has a maximum penalty of five years in prison; and (3) conspiring to commit money laundering, which carries a maximum sentence of 20 years in prison.  LIU is also charged with wire fraud, which has a maximum penalty of 20 years in prison, and theft of Government funds, which has a maximum penalty of 10 years in prison.

The statutory maximum sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.

Ms. Strauss praised the outstanding investigative work of HHS-OIG’s New York Office and the New York Field Office of the Internal Revenue Service, Criminal Investigation.  Ms. Strauss also thanked the New York State Attorney General’s Medicaid Fraud Control Unit and the U.S. Department of Labor, Office of Inspector General, for their assistance.

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 Indictment and the description of the Indictment set forth in this release constitute only allegations, and every fact described should be treated as an allegation.