State Comptroller Thomas P. DiNapoli's Weekly News - Protecting Taxpayer Money

 

Protecting Taxpayer Money

State Comptroller DiNapoli is responsible for auditing State agencies and public authorities and making sure they have effective controls in place to prevent waste, fraud and abuse of taxpayer dollars. In 2023 alone, audits performed by the Comptroller’s office found over a billion dollars in taxpayer savings. Read about these results and much more in the State Comptroller’s 2023 Year in Review.

Read the Year in Review

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Rise in NYC Metro Area Housing Costs Outpaces Other U.S. Cities

Housing costs in New York City and the surrounding suburbs have grown more than 68% over the last decade, the largest increase among selected major metropolitan areas in the U.S., according to a new report from State Comptroller DiNapoli.

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School District Tax Levy Cap at 2% for Third Straight Year

Property tax levy growth for school districts and 10 of the state’s cities will be capped at 2%, the same as last year, according to data released by State Comptroller DiNapoli.

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DiNapoli & James: Former Throop Supervisor Pleads Guilty to Stealing $11,000 From Town

A former Town of Throop Supervisor was arrested and pleaded guilty to stealing nearly $11,000 from the town over a two-year period, State Comptroller DiNapoli, Attorney General Letitia James and the New York State Police announced. William Tarby pleaded guilty to Grand Larceny in the Fourth Degree and Official Misconduct. As part of his plea agreement, he will pay full restitution and cannot seek public office again.

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State Comptroller Thomas P. DiNapoli Statement on 2024 State of the State Address

State Comptroller DiNapoli said, "With a new year and legislative session upon us, the State of the State Address by Gov. Hochul outlined her priorities for 2024, addressing issues important to New Yorkers across the State."

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Municipal & School Audits

• Cicero Fire District – Financial Condition
• Greenville Fire District – Investment Program
• Oneida County – Court and Trust
• Woodbourne Fire District – Board Oversight
• Chautauqua County – Financial Condition
• Hamilton Fulton Montgomery Board of Cooperative Educational Services – Investment Program
• Saranac Central School District – Investment Program
• Saranac Central School District – Student State Aid
• Saranac Central School District – Tuition Billing and Collections
• Town of Sheridan – Disbursements
• Town of Sheridan – Shared Services Costs
• Village of Wappingers Falls – Board Oversight

Audits

• Division of Housing and Community Renewal – Physical and Financial Conditions at Selected Mitchell-Lama Developments Located Outside New York City
• Department of Financial Services – Virtual Currency Licensing
• Hudson River–Black River Regulating District – Security Over Critical Systems
• Department of Health – Patient Safety Center Activities and Handling of Revenues (Follow-Up)
• Department of Civil Service – New York State Health Insurance Program – Payments by Beacon Health Options for Mental Health and Substance Abuse Services for Ineligible Members (Follow-Up)
• Department of Health – Medicaid Program: Improper Payments for Services Related to Ordering, Prescribing, Referring, or Attending Providers No Longer Participating in the Medicaid Program (Follow-Up) 

ALSO IN THE NEWS THIS WEEK

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• City still not doing enough to keep construction sites safe, state comptroller finds

• New York urged to require personal finance class for high school students
  
  
• Former Beekman tax collector sentenced for embezzling over $86,000
  
  

• School property taxes capped at 2% for 2024-25, comptroller says
  

• Former Throop town supervisor pleads guilty to stealing $11,000 in town funds

Post of the Week
Tom DiNapoli @NYSComptroller 

Brooklyn Woman Charged with Trafficking 18 Firearms into Brooklyn

 

Defendant Also Charged with Selling Cocaine Base and Fentanyl

At the federal courthouse in Brooklyn, a five-count indictment was unsealed charging Ariana Charles with conspiring to illegally traffic 18 firearms to Brooklyn.  The defendant is charged under the gun trafficking provisions of the Bipartisan Safer Communities Act, which Congress and the President enacted in June 2022.  The Act is the first federal statute specifically designed to target gun trafficking.  Charles is also charged with three narcotics-related charges, including distribution of fentanyl and cocaine base, and a conspiracy to do the same. The defendant was arrested this morning and is scheduled to be arraigned this afternoon before United States Magistrate Judge Joseph A. Marutollo.

Breon Peace, United States Attorney for the Eastern District of New York, Frank A. Tarentino, III, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), and Edward A. Caban, Commissioner, New York City Police Department (NYPD), announced the charges.

“As alleged, the defendant brazenly trafficked firearms and deadly drugs to the streets of Brooklyn, feeding the cycle of gun violence and drug abuse endangering our community,” stated United States Attorney Peace.  “This Office will not relent in its efforts to keep the community safe by investigating and prosecuting those who seek to profit from the proliferation of guns and fentanyl which have destroyed so many lives.”

“DEA and our law enforcement partners work to stop the invasion of guns, drugs and violence that invade our neighborhoods causing unimaginable casualties along the way,” stated DEA Special Agent-in-Charge Taremtino.  “This indictment reinforces our commitment to saving lives through comprehensive investigations at the behest of public safety and health.  I commend the DEA New York Division, New York City Police Department and the U.S. Attorney’s Office Eastern District of New York for their work throughout this investigation.” 

“This indictment underscores the destructive threat that illegal guns and drugs continue to pose on the streets of New York City, as well as our unwavering commitment to delivering public safety and improving quality of life in every community,” stated NYPD Commissioner Caban.  “Together with our partners at the DEA and the office of the U.S. Attorney for the Eastern District of New York, NYPD investigators remain dedicated to this critical mission.”

According to the indictment and court documents, Charles personally conducted firearms sales to an undercover member of law enforcement (the UC) in and around New York City Housing Authority’s Breukelen Houses which is located in Canarsie, Brooklyn.  Transactions also took place outside apartment buildings and in shopping center parking lots in broad daylight.  Several guns were purchased in Virginia and Georgia and transported to New York. The UC told Charles and her co-conspirators that he was a drug dealer who needed guns and that he was going to resell some of the guns and drugs that were provided to him.  For example, messages between the UC and Charles show that the UC told Charles that he intended to “flip” the firearms Charles sold him so that he could resell them to others.  One firearm sold had a defaced serial number, making it hard for law enforcement to trace.  Charles also sold semi-automatic rifles.

In addition to firearm sales, Charles sold drugs, including crack cocaine and fentanyl.  The fentanyl allegedly sold by the defendant was disguised as Oxycodone pills.

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.  If convicted of the charges, Charles faces up to 20 years in prison.

Puerto Rico Legislator and Husband Convicted for Theft, Bribery, and Kickback Scheme

 

A federal jury convicted a Puerto Rico legislator and her husband for engaging in a years-long theft, bribery, and kickback conspiracy scheme to fraudulently inflate the salary of a legislative assistant in exchange for a portion of the assistant’s inflated salary.

According to court documents and evidence presented at trial, from early 2017 until July 2020, María Milagros Charbonier-Laureano, also known as Tata, a member of the Puerto Rico House of Representatives, along with her husband, Orlando Montes-Rivera, and her assistant, Frances Acevedo-Ceballos, executed a scheme to defraud the Commonwealth of Puerto Rico by engaging in a theft, bribery, and kickback scheme. Over the course of the scheme, Charbonier-Laureano inflated Acevedo-Ceballos’s salary from $800 on a bi-weekly, after-tax basis to nearly $2,900. Out of every inflated paycheck, it was agreed that Acevedo-Ceballos would keep a portion, and kick back between $1,000 and $1,500 to Charbonier-Laureano and Montes-Rivera.

After learning of the investigation into illegal activities in her office and of a warrant that had been obtained for one of her phones, Charbonier-Laureano proceeded to delete certain data on the phone. In particular, Charbonier-Laureano deleted nearly the entire call log, nearly all WhatsApp messages, and nearly all iMessages associated with the phone.

The jury convicted Charbonier-Laureano and Montes-Rivera of one count of conspiracy; two counts of theft, bribery, and kickbacks concerning programs receiving federal funds; six counts of honest services wire fraud; and two counts of money laundering. The jury also convicted Charbonier-Laureano of obstruction of justice for destroying data on her cell phone.

Charbonier-Laureano and Montes-Rivera are scheduled to be sentenced on April 10 and face a maximum penalty of five years in prison on the conspiracy count; a maximum penalty of 10 years in prison on each federal funds theft, bribery, and kickbacks count; a maximum penalty of 20 years in prison on each honest services wire fraud count; and a maximum penalty of 20 years in prison on each money laundering count. Charbonier-Laureano also faces a maximum penalty of 20 years in prison on the obstruction of justice count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acevedo-Ceballos pleaded guilty on Nov. 7 to federal funds bribery and is scheduled to be sentenced on Feb. 5, 2024.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph Gonzalez of the FBI San Juan Field Office made the announcement.

The FBI investigated the case.

NYC EMERGENCY MANAGEMENT ISSUES WEATHER ALERT FOR POSSIBLE SNOW SQUALLS

 

The New York City Emergency Management Department has issued a Weather Alert for Sunday, January 14, 2024. An arctic cold front is expected to sweep through the region early Sunday afternoon, bringing with it the potential for snow squalls. These squalls could lead to rapid reduction in visibility, gusty winds, and briefly moderate to heavy snow, creating hazardous roadway conditions.

 

Despite their short duration, often lasting less than 30 minutes, snow squalls can be intense, appearing as "mini-blizzards." In New York City, there’s a chance for a quick coating to half inch of snow, visibilities around a half-mile or less, and 40 to 45 MPH wind gusts occurring for a short duration sometime between 12:00 p.m. noon and 3:00 p.m. Roadways may be slick if a squall passes through the city, but temperatures are anticipated to be mild enough to prevent icy roads. However, for those venturing further inland, there's a risk of flash freezes and immediate icy conditions with strong squalls. Weak squalls may only result in few flurries and breezy winds.

 

Forecast lead time can be short for predicting their precise timing and location, and National Weather Service snow squall warnings may be issued only an hour or so in advance. 

 

“While the snow squalls we could see are expected to last a short period of time, it could be a hazardous period to be on the roads and we want all New Yorkers to be prepared,” said New York City Mayor Eric Adams. “Our teams will be out early salting our streets, and we will continue to monitor the forecast every step of the way. We are also asking that New Yorkers take their own precautions in an abundance of caution. Try to stay off the roads if a snow squall warning is in your neighborhood, but if you have to drive, remember to take it slow. As always, we encourage everyone to download Notify NYC to stay up to date with the latest information in your area.”

 

“In light of the forecast, I urge all New Yorkers to be prepared for the possibility of snow squalls on Sunday afternoon. Our city has already faced multiple weather challenges last week, and with more expected in the coming days, the unwavering dedication of our city's emergency crews and first responders, who have been diligently working to respond to and anticipate these events, is nothing short of remarkable,” said NYC Emergency Management Commissioner Zach Iscol. “Their efforts are pivotal in ensuring our city's preparedness and safety. I also want to extend my heartfelt thanks to all New Yorkers for their ongoing support and cooperation as we navigate these weather challenges together.”

 

“DSNY is prepared for whatever comes our way tomorrow and into next week,” said NYC Department of Sanitation Commissioner Jessica Tisch. “We want all New Yorkers to exercise caution while traveling tomorrow and give our salt spreaders room to do their important work.”

 

NYC Emergency Management, working closely with agency partners, is monitoring the evolving weather conditions. The NYC Department of Sanitation’s salt spreaders are prepared to pre-treat high spots and areas prone to icing as necessary. We urge all New Yorkers to prioritize their safety by remaining alert and well-informed. Stay current with real-time updates by subscribing to Notify NYC and listening to news broadcasts for the latest weather information. In light of these conditions, NYCEM strongly recommends avoiding travel during the squalls to ensure your safety.

 

NYCEM strongly encourages all New Yorkers to take proactive steps to ensure their own safety and support the city’s resilience:

 

• Stay informed. Before and during an emergency, the city will send emergency alerts and updates to New Yorkers through various channels, including Notify NYC. Sign up for emergency notifications online or call 311. You can also follow @NotifyNYC on Twitter.
• If the National Weather Service issues a snow squall warning for your area, it's best to avoid or delay motor travel until the squall has passed. Snow squalls create extremely hazardous road conditions quickly.
• Always have an emergency kit in your car. It should include items like blankets, a flashlight, water, snacks, a first aid kit, and a snow shovel.
• There is no safe place on the highway during a snow squall. The sudden white-out conditions and slick roads make driving very dangerous.
• If you're already on the road and can't exit safely, immediately reduce your speed. Quick changes in weather can create treacherous driving conditions unexpectedly.
• Turn on your vehicle’s headlights and hazard lights to increase your visibility to other drivers during a snow squall.
• If you require assistance for daily activities, make arrangements in advance for support during the snow squall, ensuring caregivers are aware of and prepared for the weather conditions.

 

For more safety tips, visit NYC.gov/SevereWeather. New Yorkers are encouraged to sign up for Notify NYC, the city’s free emergency notification system, to stay informed about the latest weather updates and other emergencies. Notify NYC is available in 14 languages, including American Sign Language. To learn more about the Notify NYC program or to sign up, New Yorkers can visit the Notify NYC website, call 311, or download the free Notify NYC app for your Android or Apple device. You can now text to 692-692, using the code NOTIFYNYC, NOTIFYNYCESP (Spanish), and NOTIFYFRE (French) to be instantly enrolled to receive the highest priority, verified alerts across all the five boroughs. 

North Carolina Man Convicted of Federal Hate Crimes for Racially Motivated Attacks Against Black and Hispanic Men

 

A jury in Greensboro, North Carolina, convicted Marian Hudak, 52, for committing a hate crime against a Black man and a Hispanic man on separate occasions.

“It’s one thing to use racial slurs and harbor the KKK’s flag, but carrying out acts of violence fueled by naked racial animus and hatred violates the law and core principles of our democracy. The defendant was held accountable for his violent and unlawful attacks on Black and Hispanic members of his community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will vigorously investigate and prosecute violence targeting people because of their race or national origin. All community members should be able to live in and move about their neighborhoods without fear of attack because of how they look or where they are from.” 

“All people — regardless of the color of their skin or their nationality — are entitled to travel on public roads and enjoy their homes without fear of being threatened, harassed or intimidated,” said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “We appreciate the law enforcement agencies who diligently sought justice in this case. The Concord community is safer and more peaceful as a result of today’s verdict.”

“Investigating civil rights violations is some of the most important work we do,” said Special Agent in Charge Robert M. DeWitt of the FBI Charlotte Field Office. “No one should be afraid to drive down the street, fill their car with gas or take their children to the bus stop because of someone’s intolerance and racial hatred. The FBI hopes this guilty verdict can give Mr. Hudak's victims some sense of peace."

Evidence at trial proved that, on Oct. 13, 2022, Hudak encountered a Black man, identified as J.S., while driving in Concord, North Carolina, and shouted racial slurs at him. After telling J.S. to “come here, boy,” Hudak swerved into J.S.’s lane, got out of his vehicle and punched J.S.’s driver’s side window multiple times. When J.S. fled, Hudak chased him to his home where he continued shouting racial slurs and threatened to shoot and kill him.

Evidence at trial also proved that on Nov. 27, 2021, Hudak attacked his Hispanic neighbor, J.D., outside J.D.’s home because of his nationality. Hudak shouted racially charged insults at J.D. before attacking him. Hudak punched and tackled J.D., causing J.D. to suffer bodily injury. Additional trial witnesses testified about Hudak’s frequent anti-Hispanic comments, both before and after the attack on J.D., and about other instances where Hudak shouted slurs at, gave the middle finger to and drove aggressively near other minority motorists in the Concord area. Other evidence included a KKK flag, a racist publication and Nazi memorabilia found in Hudak’s residence.

On June 26, 2023, Hudak was charged with willfully injuring, intimidating or interfering with J.S. because of J.S.’s race and color and because J.S. was using a public facility. Hudak was charged with willfully injuring, intimidating or interfering with J.D. because of J.D.’s race and national origin and because J.D. was occupying a dwelling.

A sentencing hearing has been scheduled for May 1. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Charlotte Field Office investigated the case.

City Parks Foundation - OPENING NEXT WEEK: Bessie’s Big Shot at the Swedish Cottage Marionette Theatre!

 

Don’t miss the premiere of Bessie’s Big Shot at the City Parks Foundation Swedish Cottage Marionette Theatre. The show is returning 10 years after its original debut, with performances beginning next week.  In this fun and high-flying, family-friendly adventure, Bessie the cow dreams of joining the circus. But can she lift more than Ziegfried, the strongest man in the world? Fly on the trapeze high above the crowd? Come root Bessie on in this variety show as she attempts the impossible and searches for her special talents. Enjoy a special preview of the show on January 16 & 17 with two shows at 11AM and 1PM and then see this original production all winter long with performances weekly from Thursdays through Sundays at 11AM and 1PM. For more information on school group and nonprofit rates and private rentals, please call 212-988-9093. GET TICKETS At City Parks Foundation, we are dedicated to invigorating and transforming parks into dynamic, vibrant centers of urban life through sports, arts, community building and education programs for all New Yorkers. Our programs — located in hundreds of parks, recreation centers and public schools across New York City — reach thousands of people each year. Our ethos is simple: thriving parks mean thriving communities.

BRONX MAN SENTENCED TO 5-10 YEARS IN PRISON FOR KILLING 7-WEEK-OLD SON BY SMOTHERING HIM WITH PILLOWS

 

Defendant Pleaded Guilty to Manslaughter During Jury Selection for His Trial

Bronx District Attorney Darcel D. Clark today announced that a Bronx man was sentenced to five to 10 years in prison for asphyxiating his seven-week-old son because the boy would not stop crying. 

Bronx District Attorney Clark said, “This child had barely begun his life when his father cruelly ended it, placing pillows on top of the tiny boy until he couldn’t breathe.” 

Bronx District Attorney Clark said the defendant, Teshawn Watkins, 31, of 3642 Holland Avenue, was sentenced on January 11, 2024, to five to 10 years in prison and five years post release supervision by Bronx Supreme Court Justice Jeffrey Zimmerman. Watkins pleaded guilty on December 5, 2023, to second-degree Manslaughter in the killing of Kaseem Watkins, as well as to third-degree Assault for hitting Kaseem’s mother, Cecilia Reyes, while she was pregnant with him. The plea came during jury selection for Watkins’ trial. Reyes, the main witness, said she would not testify against Watkins.

According to the investigation, on January 29, 2020, the defendant used pillows to “quiet” Kaseem because he would not stop crying. The cause of death was asphyxia from smothering.

District Attorney Clark thanked NYPD Detective Robert Regnier of the 47th Preinct Squad and NYPD Detective Sean Butler of Bronx Homicide, now retired, and Police Officer Joseph Feger of Emergency Services Unit 3 for their work in the investigation.

Governor Hochul and Local Authorities Announce Full Travel Ban in Erie County Beginning 9 P.m. Saturday as Potentially Life-threatening Blizzard Conditions Impact Western New York

 

Full Travel Ban in Effect for Passenger Vehicles in Erie Country Beginning at 9 p.m. Saturday and Reassessed at 6 a.m. Sunday, Allowing Plows to Clear Roads Safely Overnight

Full Travel Ban for Commercial Vehicles on All State, County and Local Roads in Erie County and on the New York State Thruway Between Exit 46 and the Pennsylvania State Line Also Beginning at 9 p.m. Saturday Through The Duration Of The Storm

NFL Will Postpone Bills-Steelers Playoff Game to Monday at 4:30 p.m. After Weather Consultation with State Officials

Lake-Effect Weather Systems to Create Impossible and Dangerous Travel with Whiteout Conditions

Potentially Life-Threatening Conditions Including Damaging Winds, Freezing Temperatures and Lake Effect Snow

State of Emergency in Effect for Multiple Counties; New York National Guard Deployed to Western New York for Emergency Response Support

Search and Rescue Personnel Deployed to Western NY

New Yorkers Urged to Prepare for Potential Power Outages and Other Severe Winter Weather Impacts

New Yorkers Can Subscribe for Emergency Alerts Here

Governor Kathy Hochul and local authorities today announced that a full travel ban for passenger vehicles will be in effect for all of Erie County beginning at 9 p.m. Saturday to give plow crews time and space to clear roads during the overnight hours. This ban will be reassessed at 6 a.m. on Sunday. Additionally, all commercial traffic will be banned on all State, County and local roads in Erie County and on the New York State Thruway between Exit 46 and the Pennsylvania State Line beginning at 9 p.m. Saturday as well. This ban will remain in effect indefinitely.

"Forecasts predict the most dangerous winter storm conditions since the Christmas Blizzard of 2022," Governor Hochul said. "Working closely with County and City leaders, we are instituting a 9:00 p.m. travel ban that takes effect tonight to keep motorists safe."

New Yorkers in Western New York are being urged to stay home throughout the duration of the storm. Travel in impacted areas will be impossible and dangerous at times throughout the weekend due to life-threatening blizzard-like conditions. After consulting with State officials, the NFL has decided to postpone the Bills-Steelers playoff game until 4:30 p.m. on Monday, January 15. New Yorkers are also encouraged to sign up for emergency alerts by subscribing to NY Alert at https://alert.ny.gov, a free service providing critical emergency information to your cell phone or computer.

A widespread 1-2 feet of heavy lake effect snow is forecast to impact areas near Lake Erie and Lake Ontario, including the cities of Buffalo and Watertown, with isolated, higher amounts possible and snowfall rates reaching three inches per hour at times starting Saturday night and continuing through Sunday morning. Winds will be strong in parts of Western NY with gusts up to 65 mph Saturday night and sustained winds of up to 40 mph on all day Sunday, while areas near Lake Ontario, including Jefferson, Lewis, and Oswego counties, will see winds gusting as high as 50 mph through Monday. Potentially life-threatening conditions are expected including damaging winds, heavy lake effect snow, and frigid wind chills in the single digits starting Saturday night and continuing through to the middle of the week. For a complete listing of weather alerts and forecasts, visit the National Weather Service website at https://alerts.weather.gov.

On Friday, Governor Hochul declared a State of Emergency to warn and prepare New Yorkers for potentially dangerous and life-threatening weather forecasted to impact communities along Lake Erie and Lake Ontario with blizzard-like conditions. The State of Emergency applies to the following counties: Allegany, Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Jefferson, Lewis, Livingston, Monroe, Niagara, Ontario, Orleans, Oswego, Wyoming.

Travel Ban for Empty Trucks/Trailers and All Tandem Trucks

The current ban on all empty trucks/trailers and all tandem trucks remains in effect on the following routes:

Thruway:

• I-90 Exit 46 – State of Pennsylvania line
• I-190 (South of the North Grand Island Bridge)

NYSDOT:

• Buffalo Skyway (NY 5)
• U.S. 219
• NY 400
• I-190 (North of the North Grand Island Bridge)
• I-290
• I-990
• Kensington Expressway (NY 33)
• I-86 in Chautauqua and Cattaraugus counties

Warming Shelters

At 5 p.m. today, New York State will open and will operate warming shelters with cots, pillows, and blankets, as well as mental health counselors at each site for assistance with using facilities. NY National Guard and the New York State Incident Management Team will operate the site:

• Erie Community College (South Campus), 121 Ellicott Street, Buffalo, NY 14203
• Windom Elementary School, 3870 Sheldon Rd, Orchard Park, NY 14127
• Orchard Park Middle School, 60 South Lincoln Ave, Orchard Park, NY 14127

The City of Buffalo will open shelters in the city this afternoon – more information here. New York State will provide water and MREs for both state and city warming shelters.

Search and Rescue

New York has surged additional search and rescue resources to Western New York in response to this storm including:

• 33 State-tracked vehicles
• 50 4x4s
• 25 military vehicles

Additional resources are staged outside the storm area ready to deploy if needed, and the state is coordinating with the County to engage the snowmobile clubs for additional assistance as well.