Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - MARCH 29, 2022

 9 COVID-19 Deaths Statewide Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.  

"As we continue to closely monitor an uptick in cases, particularly in Central New York, I want to remind New Yorkers that the vaccine and booster are our best tools to move forward safely through this pandemic," Governor Hochul said. "This is the time to remain vigilant, so please get fully vaccinated and boosted as soon as you can. If you feel sick, get tested and limit your exposure to others. If you test positive, talk to a doctor right away about treatments."

Today's data is summarized briefly below:  

• Test Results Reported - 76,157  
• Total Positive - 2,400
• Percent Positive - 3.15%
• 7-Day Average Percent Positive - 2.43%
• Patient Hospitalization - 845 (+24)
• Patients Newly Admitted - 102
• Patients in ICU - 127 (0)
• Patients in ICU with Intubation - 59 (+3)
• Total Discharges - 290,457 (+80)
• New deaths reported by healthcare facilities through HERDS - 9
• Total deaths reported by healthcare facilities through HERDS - 55,113    

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only. 

• Total deaths reported to and compiled by the CDC - 70,226

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.      

• Total vaccine doses administered - 37,419,582
• Total vaccine doses administered over past 24 hours - 9,587
• Total vaccine doses administered over past 7 days - 86,307
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 92.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 83.4%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 86.1%
• Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 82.4%
• Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 72.5%
• Percent of all New Yorkers with at least one vaccine dose - 81.5%
• Percent of all New Yorkers with completed vaccine series - 73.7%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 89.5% 
• Percent of all New Yorkers with completed vaccine series (CDC) - 76.1% 

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows:  

BOROUGH	Saturday, March 26, 2022	Sunday, March 27, 2022	Monday, March 28, 2022
Bronx	0.88%	0.91%	0.96%
Brooklyn	1.66%	1.70%	1.76%
Manhattan	2.42%	2.46%	2.51%
Queens	1.43%	1.48%	1.54%
Staten Island	1.66%	1.71%	1.86%

You are running out of time - Team Biaggi

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Former Comptroller And Compliance Specialist At Investment Adviser Firm Pleads Guilty To Conspiring To Defraud Clients

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that VANIA MAY BELL, the former comptroller and chief compliance officer of Executive Compensation Planners, Inc. (“ECP”), a registered investment adviser and financial planning firm located in New City, New York, pled guilty to participating in a conspiracy with her father, Hector May, the former president of ECP, to defraud certain investment advisory clients (the “Victims”) out of more than $11 million.  BELL pled guilty before U.S. Magistrate Judge Judith C. McCarthy.

U.S. Attorney Damian Williams said: “As Vania May Bell admitted, for years, she and her father, Hector May, violated the trust of ECP’s clients by taking their money intended for investments and instead spending it for personal and business expenses as part of an illegal Ponzi scheme.  In total, Bell and May stole more than $11 million from over 15 victims that included a pension plan, and vulnerable and elderly individuals.  Now, she has confessed to her crime and faces significant time in prison.”

According to Count One of the Indictment, to which BELL pled guilty, and other statements and submissions in made in Court:          

Beginning in 1982, May was the president of ECP and provided financial advisory services to numerous clients. In 1993, BELL joined ECP, where she held various titles including comptroller and chief compliance officer.  ECP worked with a broker dealer (“Broker Dealer-1”), of which May became a registered representative in 1994.  In its role as a broker dealer, Broker Dealer-1 facilitated the buying and selling of securities for clients of Broker Dealer-1’s registered representatives, including clients of May.  Broker Dealer-1 and associated clearing firms maintained securities accounts for ECP’s clients and, through those accounts, held ECP’s clients’ money, executed their securities trades, produced account statements reflecting activity in the clients’ accounts, and forwarded these account statements to ECP’s clients. 

In order to obtain money from the Victims’ securities accounts with Broker Dealer-1, May advised the Victims, among other things, that they should use money from those accounts to have ECP, rather than Broker Dealer-1, purchase bonds on their behalf.  He further represented that by purchasing bonds through ECP directly, the Victims could avoid transaction fees.  Because May lacked the authority to withdraw money directly from the Victims’ accounts with Broker Dealer-1, he persuaded the Victims to withdraw the money themselves and to forward that money to an ECP “custodial” account (the “ECP Custodial Account”), so that he could use the money to purchase bonds on their behalf. 

With BELL’s assistance, May guided the Victims, first, to withdraw their money from their Broker Dealer-1 accounts, and second, to send that money to the ECP Custodial Account by wire transfer or check.  At times, May falsely represented that the funds being withdrawn from Victims’ Broker Dealer-1 accounts were the proceeds of prior bond purchases May had made.  After the Victims sent their money to the ECP Custodial Account, May and BELL did not use the money to purchase bonds.  Instead, BELL and May transferred the money to ECP’s “operating” account and spent it on business expenses, personal expenses, and to make payments to certain Victims in order to perpetuate the scheme and conceal the fraud. 

Specifically, in some cases, BELL and May used Victims’ funds to make purported bond interest payments to other Victims.  In other cases, May used Victims’ funds to make payments to other Victims who wished to withdraw funds from their accounts.  BELL and May also created phony “consolidated” account statements that they issued through ECP and sent to the Victims.  These “consolidated” account statements purported to reflect the Victims’ total portfolio balances and included the names of bonds May falsely represented that he purchased for the Victims and the amounts of interest the Victims were supposedly earning on the bonds.  In order to create the phony consolidated account statements, May provided BELL with bond names and false interest earnings, and BELL created ECP computerized account statements and had them distributed to the Victims.

To keep track of the money that the co-conspirators were taking from the Victims, BELL processed the Victims’ payments for the purported bonds, entered them in a computerized accounting program, and, through that program, kept track of how BELL and May received and spent the Victims’ stolen money.  In this way, from the late 1990’s through March 9, 2018, BELL and May induced Victims to forward them more than $11,400,000.

BELL, 57, of Montvale, New Jersey, pled guilty to one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. Sentencing before Judge Nelson S. Román has been scheduled for July 7, 2022.

May, who pled guilty in a separate case in December 2018, to charges of conspiracy to commit wire fraud and investment advisor fraud, was sentenced on July 31, 2019, to thirteen years in prison.  He was also ordered to serve three years of supervised release, pay $8,041,233 in restitution and forfeit $11,452,185.  

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.

Mr. Williams praised the outstanding investigative work of the U.S. Postal Inspection Service, Special Agents of the United States Attorney’s Office, and the Federal Bureau of Investigation.

MAYOR ADAMS APPOINTS ASIM REHMAN OATH COMMISSIONER AND CHIEF ADMINISTRATIVE LAW JUDGE

 

  New York City Mayor Eric Adams today announced the appointment of Asim Rehman as commissioner and chief administrative law judge of the Office of Administrative Trials and Hearings (OATH). Rehman will be the first Muslim-American and the first person of South Asian descent to lead OATH. He currently serves as deputy commissioner for legal matters and general counsel at the New York City Department of Correction (DOC). 

In his role, Rehman will deepen OATH’s mission of adjudicating city matters fairly, resolving conflicts within city agencies, and providing inclusive and equitable access to justice. He will also help deliver on Mayor Adams’ vision of a more just and efficient administration of city services.

 

“In order for our city to operate effectively and carry out its core functions, we need fair, expeditious, and just administrative trials and hearings,” said Mayor Adams. “Asim Rehman is a proven reformer, who will bring his legal expertise and keen understanding of city government to his new role at OATH, and I’m proud to announce his appointment.”

 

“The work that OATH does is critical to the mission of making our city fairer, more inclusive, and more equitable,” said Chief Counsel to the Mayor and City Hall Brendan McGuire. “Asim Rehman has not only impeccable legal credentials, but also a deep commitment to public service and fidelity to the law. I look forward to working with him to further OATH’s mission.”

 

“I am thrilled and honored to receive this appointment, and I look forward to working with OATH’s dedicated public servants to further the agency’s mission,” said incoming OATH Commissioner and Chief Administrative Law Judge Asim Rehman. “Through the sound administration of trials and hearings and a thoughtful approach to conflict resolution, OATH helps New York City meet its goal of being not only the greatest city, but also the fairest and most just city. I am deeply grateful to Mayor Adams for this humbling opportunity.”

 

“Asim Rehman is an exemplary public servant with an unwavering commitment to justice and the rule of law,” said Dr. Sarah Sayeed, chair and executive director, New York City Civic Engagement Commission. “He is also a compassionate person and a community builder. I am excited to see what OATH will become under his leadership.”

 

“I have known Asim for a decade and a half as a law colleague, a civil rights advocate, a leading light of the bar, and my chief of staff at the Law Department,” said Jim Johnson, former corporation counsel, New York City Law Department. “He is a fearless public servant with a gravitas beyond his years and an eye always turned toward doing right, particularly for the most vulnerable. Justice is his north star, fresh thinking is his key approach, and compassion is his foundation. He will be a terrific commissioner at OATH.”

 

“I congratulate Asim Rehman on his appointment as the new commissioner of OATH,” said Philip Eure, former inspector general, New York City Police Department (NYPD). “From his time working with me, I can say that Asim is a talented lawyer with a keen intellect and attention to detail that will serve the city well as he takes on this new responsibility. Asim will further ensure that justice is administered fairly in ways that will improve how the city functions.”

 

“My deepest congratulations to Asim Rehman as the next commissioner of the Office of Administrative Trials and Hearings,” said Dr. Debbie Almontaser, CEO and founder, Bridging Cultures Group. “I can’t think of a better person to head this office than Asim Rehman. He has been a staunch advocate for justice as a lawyer in the private and public sector. As a New York City public servant, Asim has taken on tremendous challenges with skill, heart, and a steady hand, always putting the people first. While in the private sector, Asim put in countless hours working with me and other community advocates to improve the lives of New Yorkers, all outside of his day job. I commend Mayor Adams on his quest to create an administration reflecting the diversity of our beloved city.”

 

“The Muslim Bar Association of New York congratulates Asim Rehman on his appointment as the new commissioner and chief administrative law judge at the New York City Office of Administrative Trials and Hearings,” said Sania Khan, president, Muslim Bar Association of New York (MuBANY). “Asim is a brilliant attorney and a compassionate leader, who will undoubtedly execute this role with equity and fairness in mind. As a founding member and former president of MuBANY, Asim has always been dedicated to advancing the voices of underrepresented communities, and we look forward to all the good work he will continue to do through this role.”

 

“New York City is fortunate to land such a wise, clear-thinking, hard-working, and dedicated public servant for the important role of commissioner and chief administrative law judge of OATH,” said John Kiernan, former president, New York City Bar Association; and former co-chair of litigation, Debevoise & Plimpton LLP. “Asim is both a terrific lawyer and a pragmatic manager, a powerful combination that makes him ideally suited for this major responsibility.”

 

“Asim Rehman embodies all the qualities the legal profession values: honor, integrity, accountability, and a deep commitment to fairness, equity, and justice,” said Anthony Crowell, dean and president, New York Law School; and former counselor to former New York City Mayor Michael R. Bloomberg. “As our city’s chief administrative law judge, I know his exceptional leadership skills and keen intellect will enable OATH to continue its mission with the highest degree of professional excellence and public confidence. I have known and worked with Asim for many years and seen firsthand his deep commitment to the rule of law, the transformative influence he has on those he teaches, and the care he has for the people of our great city whom he serves. I am excited to congratulate and support him on this extraordinary and historic appointment. I also extend my congratulations to Mayor Adams for his vision and commitment to this vitally important agency.”

 

“Mayor Adams has made a superb choice in naming Asim Rehman as OATH commissioner. I was fortunate to have Asim as a law clerk shortly after he graduated from law school and have followed his impressive career since then,” said John S. Martin, Jr., retired federal district court judge, U.S. District Court for the Southern District of New York. “He is an outstanding lawyer and, as his record indicates, he has a strong commitment to public service. He is not only a great lawyer, but also an outstanding human being who will see that everyone who comes before his office will be treated with fairness and respect.”

 

“The South Asian Bar Association of New York proudly celebrates Asim Rehman's appointment as commissioner of OATH, and we thank Mayor Eric Adams for continuing to promote our very best lawyers to positions of authority,” said L. Austin D’Souza, president, South Asian Bar Association of New York. “Asim has been a leader in the South Asian legal community for decades. He is a seasoned manager, problem solver, and highly skilled lawyer. We have full confidence that he will excel in this new role.”

 

About Asim Rehman

 

Asim Rehman will serve as commissioner of OATH. Rehman currently serves as deputy commissioner for legal matters and general counsel at the New York City Department of Correction, where he oversees the agency’s legal operations and provides advice and counsel to agency leadership.     

 

In 2020, Rehman joined the New York City Law Department as chief of staff. As a member of the executive team, Rehman supported the Law Department’s efforts to provide legal guidance to the city throughout the COVID-19 pandemic.

 

Rehman joined city government in 2014 as general counsel for the new Office of the Inspector General in the Department of Investigation for the NYPD. As general counsel and later first deputy inspector general, Rehman helped build this independent oversight office from the ground up, managed legal operations, supervised investigations, and oversaw the release of critical reports aimed at reforming the NYPD.

 

Rehman began his legal career as a federal law clerk in the Southern District of New York and then practiced law with two law firms, handling complex litigation, white-collar criminal defense, internal and government investigations, anti-corruption matters, and a broad range of pro bono cases. During this time, he also served as a pro bono special assistant district attorney in Brooklyn. Rehman later worked as corporate counsel for MetLife, where he litigated a broad range of domestic matters, assisted the company with regulatory compliance, and helped manage the corporation’s overseas litigation.

 

Rehman is an adjunct professor of law at New York Law School, where he teaches “Law, Public Policy & Social Change.”

 

A Staten Island native, Rehman is a graduate of Haverford College and the University of Michigan Law School.

 

Rehman will report to Brendan McGuire, chief counsel to the mayor and City Hall.

WILLIAMS & ARCHILA RELEASE “SAFE AND THRIVING COMMUNITIES” POLICY AGENDA TO COUNTER HOCHUL’S HARMFUL PUBLIC SAFETY PLATFORM

 

WILLIAMS & ARCHILA RELEASE “SAFE AND THRIVING COMMUNITIES” POLICY AGENDA TO COUNTER HOCHUL’S HARMFUL PUBLIC SAFETY PLATFORM

 Today, the Jumaane for Governor and Ana María for Lieutenant Governor campaigns released their comprehensive plan to address public safety and crime in New York State. The 10-point plan comes after holding multiple community engagement events and public discussions surrounding its framework– as opposed to Governor Kathy Hochul’s resistance to discussing her dangerous plan publicly. Read the full plan here.

NYC Public Advocate and candidate for Governor Jumaane Williams said, "Governor Hochul's attempt to roll back the critical bail reforms won in 2019 demonstrates her willingness to cave into fearmongering and fallacies while ignoring the facts.  She has said in her own words that bail reform worked, and has had nothing to do with a rise in violent crime. True public safety requires addressing the issue from a holistic approach, which is why I've laid out a ten-point plan that will help address the rise in crime both in the immediate and long term. I urge the administration to end its divisiveness and adopt these comprehensive recommendations that will address public safety both in the immediate and long term for our state."

As detailed in the “Safe and Thriving Communities” platform, a Williams-Archila Administration will take a stabilizing approach to public safety in response to the pandemic and all it disrupted. New York must begin caring for its people and better addressing moments of crisis through deescalation, while fundamentally overhauling our systems like housing, healthcare and general wellbeing to holistically address what makes a community safe. 

The ten point plan framework was announced publicly last week. Since then, Williams and Archila have embarked in community engagement events to publicly discuss their framework which has garnered support from public safety and criminal justice advocates across the city and state.

“To keep our communities safe, we need to make sure they have the resources needed to truly thrive,” said Ana María Archila, Democratic candidate for Lieutenant Governor. “Instead of giving into fear-mongering and lies about criminal justice reforms, we should invest in proven solutions to tackle gun violence and our state’s mental health crisis, and invest in the housing, jobs, and infrastructure that our neighborhoods need.”

Specifically, the 15-page, 10-point plan focuses on the following top ten policy priorities, including: 

1 - Invest one billion dollars statewide in underfunded gun violence prevention, youth programming, and victims’ services programs 

2 - Build a statewide mental health infrastructure so all New Yorkers can access mental health services and supports in their communities

3 - Develop a state program of trauma response for communities and neighborhoods ripped apart by violence 

4 - Invest greater resources for community-based strategies to prevent and address interpersonal violence such as hate crimes, domestic violence, and sexual violence 

5 - Implement a housing, jobs, and infrastructure investment plan in the neighborhoods across New York State with the highest amounts of gun violence and overdose deaths

6 - Stop the flow of guns into communities by focusing on the supply chain of weapons

7 - Defend hard fought civil rights reforms and dismantle the racial injustices plaguing our criminal justice system 

8 - End the failed war on drugs upstate and downstate, and invest in compassionate care and support for people and communities

9 - Ensure accountable, transparent, and focused policing, so they are responding to acute situations that specifically require law enforcement, not matters like routine traffic stops, mental health response, or addressing poverty

10 - Disrupt cycles of incarceration and instability by providing currently and formerly incarcerated New Yorkers with support and resources

The full plan can be viewed here and downloaded here. 

Attorney General James Warns Debt Collectors of New State Regulations Banning Lawsuits on Old Debts

 

New State Consumer Debt Protection Laws Go into Effect in April, Reduce Statute of Limitations on Debt Collectors From Six Years to Three Years

AG James Urges Consumers Who Believe They Are Victims of Improper Debt Collection Practices to File a Complaint With OAG

 New York Attorney General Letitia James sent letters to the largest credit card companies and major debt collectors operating in New York, warning them of new state regulations that prevent them from suing consumers for old debts. The Consumer Credit Fairness Act of 2021 — which was signed into law last November — will go into effect next month and reduces the statute of limitations for consumer debt collection from six years to three years. The new state regulations come on the heels of similar nationwide regulations from the Consumer Financial Protection Bureau that came into effect late last year. Attorney General James’ letter makes it clear that her office stands ready to enforce these regulations to protect vulnerable New Yorkers.

“For too long, debt collectors used unfair and abusive tactics to improperly collect debts,” said Attorney General James. “Abusive debt collection practices of the past hurt low- and moderate-income New Yorkers the most and buried them deeper into financial struggles. These new regulations will give us stronger tools to protect the most vulnerable New Yorkers from predatory debt collectors. My office has reached out to all the major debt collectors in the state and the largest credit card companies to ensure that they comply with the new laws starting on day one without excuses. I urge any New Yorker who feels that they have been a victim of improper debt collection to contact my office. Consumers have rights and my office is committed to protecting them.”

The Consumer Credit Fairness Act of 2021 strengthens consumer protections by requiring debt collectors to be more transparent and honest when communicating with consumers. In her letter to the industry, Attorney General James warned debt collectors of their duties under federal and state law:

• Limit Communications With Consumers. Debt collectors have for years had a duty under state and federal law to avoid harassing communications; the new regulations now add bright line rules to that general obligation:
• Debt collectors may not call consumers more than seven times in any seven-day period;
• After making contact with a consumer by phone, debt collectors must wait seven days before calling again;
• Debt collectors cannot call you between 9pm and 8am, local time;
• Debt collectors cannot contact consumers by any or all means of communication (email, text, phone, and so on), or at a consumer’s workplace, if a consumer asks them not to;
• Debt collectors generally cannot contact consumers via work email address, public social media postings, or through third parties (though they may under some circumstances contact third parties to obtain information about a consumer’s location).
  
  
• Tell Consumers the Facts — Debt collectors must provide consumers with key information about their debt within five days of their first communication. These “validation notices” must include:
• The name of company or person the consumer originally owed the debt to;
• The date and amount of the original debt; and
• An itemization of fees, interest, payments, and credits that have been added to or deducted from the original debt.
  
  
• Take Debt Disputes Seriously — Consumers have a right to dispute a debt, and debt collectors must provide information on how to dispute the debt in the validation notice. Once a consumer disputes a debt, the collector must stop all attempts to collect from that consumer until the collector provides information supporting their claim to the debt.
  
  
• Give Consumers Full Information About Any Debt Lawsuit a Debt Collector Files. Debt collectors who file a lawsuit against a consumer must include in the very first filing made in that lawsuit detailed information about the debt, including the name of the original person or company the consumer owed the debt to, the last four digits of the consumer’s account number, the date of the last payment, and itemization of the amount sought. They must also attach the original contract creating the debt (in most cases).
  
  
• Avoid Suing or Threatening to Sue Consumers for Time-Barred Debts. Under longstanding New York regulation, debt collectors are required to have reasonable procedures in place to determine whether debts they hold are time-barred, and to notify consumers, before accepting a payment from them, if the debt they are collecting is time-barred. CFPB regulations clarify that suing or threatening to sue a consumer for a time-barred debt — even an implied threat to sue — is an automatic violation of federal law.
  
  
• Be Aware of New, Shorter Statute of Limitations Applicable to Consumer Debts. From April 7, 2022, creditors cannot sue or make a threat to sue consumers (implicitly or explicitly) on debts that are older than three years, down from six years in most cases. Moreover, any payment a consumer makes after that three-year period cannot be used to revive the time-barred debt.
  
• Consumers are cautioned that until April 7, 2022, if they make a payment on a debt that is too old for a lawsuit, the payment may renew the creditor’s ability to sue them for the full amount of the old debt.

In December, Attorney General James issued a consumer alert to notify consumers of the new federal consumer debt regulations and to inform them of their rights. The federal regulations limit how and when debt collectors are allowed to contact consumers. These rules also require debt collectors to give consumers detailed information about the origin and history of the debt they seek to collect.

The Office of the Attorney General (OAG) has brought dozens of enforcement actions and obtained numerous settlements against debt collectors that engaged in improper debt collection tactics. In 2019, Attorney General James partnered with the Federal Trade Commission to obtain court orders halting a scheme to distribute and collect on millions of dollars in “phantom debts” — fake debts that consumers did not owe. Earlier, OAG reached agreements with four of the nation’s major debt buyers, which regularly pursued untimely lawsuits against New York consumers, often obtaining default judgments when the consumers failed to respond to the lawsuits. As a result of OAG’s actions, many companies and individuals have been permanently banned from engaging in debt collection in New York.

Attorney General James urges New Yorkers to know their rights and to report debt collectors to her office if they fail to follow the law or if they engage in conduct that is deceptive, harassing, or abusive. Consumers who are having these experiences with debt collectors are urged to file complaints with OAG online or to call OAG’s consumer helpline at 1-800-771-7755.