Primary Update: The Court Phase

  The lawyers talk. That was Wednesday, and Thursday was another story. 

Because I was a witness to some of the fraud on the Karines Reyes petition County lawyer Stanley Schlein wanted me excluded from the opening statements before the court appointed referee. That was a good thing because there was enough fireworks inside the closed room as a court officer had to rush to the table where I was excluded. I was told that lawyer Stanley Schlein was trying to tell the court appointed referee how to do her job to the objections by the lawyer for Sergeant John Perez.  

 Things finally got under way after the court appointed crew returned from lunch for a page by page review of the three petitions for 87th A.D. candidate Karines Reyes. First was petition BX1800334 where County Political Director was inching me out of the way as I explained what each and every abbreviation stood for. It was felt by 87th Assembly candidate Sergeant John Perez that since there were no Board of Elections listings for certain alleged items that would knock off signatures and pages of signatures that a separate sheet with the abbreviations and the corresponding wording one would have to be made up. The County Political Director seemed puzzled at some of the abbreviations and had to check the sheet, and it got to one point where he began to argue with me that had to be cut off by the court appointed referee when I asked her. 

 More than half the first petition was gone over with the court appointed referee making many notes before the process was adjourned for the day. 

 To be continued tomorrow.

Doctor Sentenced To 18 Months In Prison For Participating In $30 Million Scheme To Defraud Medicare And Medicaid

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that physician MUSTAK Y. VAID was sentenced today by U.S. District Judge Lorna G. Schofield to 18 months in prison for his participation in a $30 million scheme to defraud Medicare and the New York State Medicaid Program.  VAID falsely posed as the owner of a medical clinic, when that clinic was in fact owned by a corrupt businessman, and falsely claimed that he had examined and treated hundreds of patients whom he had not in fact seen.  VAID pled guilty on November 13, 2017, to health care fraud and conspiracy to commit health care fraud, mail fraud, and wire fraud before U.S. Magistrate Judge Henry B. Pitman.

U.S. Attorney Geoffrey S. Berman said:  “The Medicare and Medicaid programs are designed to provide essential medical care to the elderly and the needy, not to enrich corrupt doctors and other fraudsters.  The real victims of Mustak Vaid and his co-conspirators are U.S. taxpayers and needy patients with legitimate medical needs.  Today’s sentence sends a strong message that those who cheat Medicare and Medicaid, including physicians and other health care providers who abuse their positions of trust, will be held accountable and will face serious penalties.”

According to the Indictment and other documents filed in federal court, as well as statements made during VAID’s plea proceeding and sentencing:

Between 2007 and 2013, Aleksandr Burman owned and operated six medical clinics in Brooklyn (the “Clinics”) that fraudulently billed Medicare and Medicaid approximately $30 million for medical services and supplies that were not provided, were provided without regard to medical necessity, or were otherwise fraudulently billed.  Under New York State law, medical clinics must be owned and operated by a medical professional.  To circumvent this requirement, Burman, who was not a medical professional, hired doctors to pose as the nominal owners of each of the Clinics.  VAID was one of those doctors, agreeing to sign a variety of fraudulent documents that falsely represented to banks, Medicare, Medicaid, and others that VAID was the sole owner of Ocean Side Medical of Brooklyn, P.C., one of the six Clinics.  VAID and his co-conspirators also helped prepare false medical records to support fraudulent reimbursement claims provided to Medicare and Medicaid.  VAID signed medical charts falsely stating that he had examined patients, and wrote prescriptions and referrals for medically unnecessary and/or non-existent tests and supplies.

VAID is the seventh defendant, and the first physician, who has been sentenced after pleading guilty in this case and a related case.  The other defendants include: 

• Aleksandr Burman, the leader of the scheme, who was sentenced in a related case on May 8, 2017, to 10 years in prison;
• Marina Burman, the former wife of Aleksandr Burman and the owner of a related medical supply company, was sentenced on May 17, 2018, to three years in prison;
• Asher Oleg Kataev, a Burman business partner, was sentenced on May 31, 2018, to three years in prison;
• Alla Tsirlin, a Clinic office manager, was sentenced on June 5, 2018, to a year and a day in prison;
• Edward Miselevich and Ivan Voychak, Burman’s partners who jointly ran a related ambulette company, were sentenced on June 12 and July 19, 2018, respectively, to three years in prison each.

In addition, physician Ewald J. Antoine has pled guilty and is scheduled to be sentenced on August 21, 2018.  Three additional defendants – a doctor (Paul J. Mathieu), a physical therapist (Hatem Behiry), and an occupational therapist (Lina Zhitnik) – are scheduled to go to trial before Judge Schofield on November 26, 2018.  These three remaining defendants are presumed innocent unless and until proven guilty.

In addition to the prison term, VAID, 45, of Roundtown, Michigan, was sentenced to three years of supervised release.  Judge Schofield also ordered VAID to pay restitution of $2,669,231 and to forfeit $103,843 in ill-gotten gains.

Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation, the Office of the Inspector General of the U.S. Department of Health and Human Services, and the New York State Office of the Medicaid Inspector General (“OMIG”).

Gang Member Convicted In Manhattan Federal Court For His Role In The Murder Of Jessica White

  Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that STIVEN SIRI-REYNOSO was found guilty of the June 11, 2016, murder of Jessica White, who was killed by a stray bullet while watching her children play in the playground of the John Adams Houses in the Bronx, New York.  SIRI-REYNOSO was convicted after an eight-day trial before Chief U.S. District Judge Colleen McMahon.

U.S. Attorney Geoffrey S. Berman:  “On June 11, 2016, Jessica White did what so many parents love to do – she took her children to the playground.  There, she was killed before her children’s eyes, the victim of a stray bullet in a gang shooting.  Today, a jury in the Southern District of New York unanimously found that Stiven Siri-Reynoso gave the order for that shooting.  We recognize that this verdict cannot fill the gaping hole that Jessica’s death left in so many hearts.  But in the face of such tragedy, we, along with our law enforcement partners, maintain our commitment to ridding our neighborhoods and playgrounds of senseless gang violence.  That is what we accomplished today, thanks to the extraordinary efforts of the FBI and NYPD.”

According to the allegations in the Indictment and evidence at trial:

On June 11, 2016, Jessica White was struck and killed by a stray bullet while sitting on a bench watching her three children play on a playground at the John Adams Houses where she lived.  SIRI-REYNOSO, a member of the “Dominicans Don’t Play” or “DDP” street gang, was engaged in an ongoing gang dispute between the DDPs and the rival “Trinitarios” street gang involving, among other things, SIRI-REYNOSO’s drug sales near the John Adams Houses.  On the night of June 11, 2016, Trinitarios members tried to attack SIRI-REYNOSO.  In retaliation, SIRI-REYNOSO sent another individual to shoot at the Trinitarios.  One of the bullets fired by that individual struck and killed Jessica White.    

SIRI-REYNOSO also committed other crimes in connection with his membership in the DDP’s, including drug selling and robbery.

SIRI-REYNOSO, 24, of the Bronx, was convicted of conspiring to commit racketeering, conspiring to sell narcotics, murder in aid of racketeering, and murder through the use of a firearm.  SIRI-REYNOSO is facing a mandatory minimum sentence of life in prison, and is scheduled to be sentenced on October 30, 2018, before Judge McMahon.  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. Berman praised the outstanding investigative work of the Federal Bureau of Investigation and the New York City Police Department. 

SEVEN PEOPLE INDICTED FOR FENTANYL DEALING IN AND AROUND HUNTS POINT PRODUCE MARKET

13 Arrested in Takedown on June 20; Supplier Has Pleaded Guilty and Was Sentenced to Six Years 

  Bronx District Attorney Darcel D. Clark, New York City Police Commissioner James P. O’Neill, and NYC Business Integrity Commissioner and Chair Daniel D. Brownell today announced that an investigation into the dealing of the dangerous opioid fentanyl in the Hunts Point Produce Market has resulted in seven people indicted for selling the drug inside the market and near school grounds, and the supplier being sentenced to prison. 

 District Attorney Clark said, “The defendants allegedly handled this toxic, deadly substance among fruits and vegetables in the Hunts Point Produce Market, which supplies produce to millions of people throughout the New York area. They also allegedly sold drugs from a residence around the corner from a school. We will not tolerate callous, careless behavior that could put people’s health at risk.” 

 Commissioner O’Neill said, “The NYPD’s efforts to rid New York City of drug traffickers and combat the opioid crisis are greatly strengthened by our close partnerships with the Bronx District Attorney’s Office and the Business Integrity Commission. I commend everyone involved in this case, particularly the undercover officers who put themselves directly in harm’s way. Anyone who deals in illegal narcotics should understand that the nation’s best investigators will stop at nothing to effectively fight crime and keep people safe.” 

 Commissioner and Chair Brownell said, “The produce market in Hunts Point is one of the largest public wholesale produce markets in the world and one of this City’s great, unique institutions. BIC has been overseeing this and the other public wholesale food markets in the City since 2002. In addition to making sure that the companies operating within them are free from the influences of organized crime and other corrupt forces, BIC also works to protect the overall well-being of the markets themselves. Selling and using illegal drugs around the markets is dangerous enough, especially given that many large trucks and other motor vehicles are constantly operating in the area. When you add to this the fact that some of these drugs were laced with the dangerous opioid fentanyl, potentially exposing the public at large to harm, that causes even more alarm. BIC will continue working with other law enforcement agencies and the managers of the markets themselves when appropriate to ensure that New York City’s public wholesale markets continue to thrive.”

 District Attorney Clark said 13 defendants were arrested on June 20, 2018 by NYPD detectives. Seven of the defendants have been indicted on felony narcotics charges and have been arraigned on various dates in Bronx Supreme Court. If convicted on the top count of third-degree Criminal Sale of a Controlled Substance and third-degree Criminal Possession of a Controlled Substance, the defendants could face a minimum of one to three years to a maximum of 8 1/3 to 25 years in prison

 The other defendants face felony charges of Conspiracy to Distribute Narcotics and have been arraigned in Criminal Court.

 According to the investigation, which began in May, 2017 after the Business Integrity Commission brought information about possible heroin sales in the market to the Bronx District Attorney’s Office, undercover officers made numerous buys of $20 glassines in employee-only areas in the market unmonitored by video cameras, and the glassines were found to contain fentanyl and heroin. 

 The Bronx District Attorney’s Special Investigations Bureau directed wiretap surveillance, which led to the supplier of the fentanyl and heroin, Angel Capote, 31, of Gravett Road, Queens, who was arrested in December, 2017. He pleaded guilty to third-degree Criminal Possession of a Controlled Substance and was sentenced on June 27, 2018 to six years in prison. He is believed to have been selling $3,000 in fentanyl and heroin a week.

 In January, 2018, the focus of the investigation moved to a private residence at 617 Coster Street, several blocks from the market and around the corner from PS 48 Joseph R. Drake School. Wanda Alvarez Ortiz, 54, and Mark Fontanez, 39, who both reside in the apartment, were indicted for third-degree Criminal Sale of a Controlled Substance and Criminal Sale of a Controlled Substance In or Near School Grounds.

 District Attorney Clark thanked Detective Emilio Bermonty and Captain Christopher Fasano of the NYPD Criminal Enterprise Investigations Section for their work in the investigation.

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

INDICTED DEFENDANTS 

Wanda Alvarez-Ortiz, 54, 617 Coster Street, Bronx 

Luis DeJesus, 55, 3574 DeKalb Avenue, Bronx 

Mark Fontanez, 39, 617 Coster Street, Bronx 

Christopher Mayorga, 28, 25-34 100th Street, Queens 

Jason Medina, 39, 2070 Powell Avenue, Bronx 

Jovanny Torres, 27, Gay Ridge Road, Yorktown Heights, NY 

Nelson Troche, 48, 1866 Bronxdale Avenue, Bronx

ALSO ARRESTED ON JUNE 20, CHARGED WITH FELONY CONSPIRACY 

Anthony Antonucci, 34, Sasson Terrace, Valley Cottage, NY 

Heriberto Araujo, 328 East 145th Street, Bronx 

Alex Bonilla, 35, Circle Drive, Elmont, NY 

Kaitlyn Jefferson, 37, Margaret Lane, Thiells, NY 

Fabian Morales, 42, 2759 Webster Avenue, Bronx 

Darryl Ricchiuti, 33, Manor Road, Yaphank, NY

REP. NADLER ENDORSES ALESSANDRA BIAGGI FOR STATE SENATE

  Rep. Jerry Nadler announced today that he is endorsing Alessandra Biaggi in the Democratic primary for State Senate in District 34 on Thursday, September 13.

“We can’t afford to have the New York State Senate allied with Trump and the Republicans,” Rep. Nadler said. “The stakes for all New Yorkers are just too high when it comes to health care, public education, women’s reproductive rights, workers’ rights, immigrant rights and just about every issue we care about. We know that Alessandra Biaggi will always stand with Democrats, and be that true progressive leader that the people of her district and the people of our State deserve. That’s why I’m endorsing Alessandra and urge everyone in District 34 to vote for her.”

“Jerry Nadler has for many years been a progressive leader throughout his career and a model for how to be a progressive legislator. And right now, he is a key leader in Washington in resisting the Trump agenda,” Biaggi said. “I couldn’t be prouder to have his endorsement and pledge to follow his example in the New York State Senate.”

Biaggi has previously been endorsed by City Comptroller Scott Stringer, City Council Speaker Corey Johnson, Assemblymember Yoh-Line Niou, former Mayor David Dinkins, former Rep. Charles Rangel, former Rep. Lester Wolff, former Attorney General Oliver Koppell, 32BJ SEIU, UAW Region 9A and more than 80 progressive, political and community organizations.

Democrat Amanda Septimo Pledges to Prioritize Funding to Increase Access to After School Programs

Amanda Septimo, a Democrat running for State Assembly, has pledged to prioritize funding to create universal access to after school programs. She is calling for an expansion of the state's Advantage After School Program (AASP) in the South Bronx as a way to increase access in a high-need area.   "There are so many programs in our communities that provide kids with a place to go and be involved in athletics, get academic help, or learn an instrument. In the midst of the opioid epidemic and with gang violence plaguing our communities, our state government needs to do more to ensure our young people have options for safe and fun programs that will steer them away from trouble and drugs," said Septimo.   The funding would be allocated to expand the the Office of Children and Family Services's Advantage After School Program, which partners with community-based organizations to run after school programs. Septimo is proposing to expand the budget as part of a pilot in the South Bronx since there are only two AASP programs there currently.   "After school programs should be an option for all students, regardless of their families' income. When I was growing up, after school programs were instrumental in giving me the skills and passion to be where I am today. I am committed to creating opportunities for our students. Advantage After School Programs are great resources for families, and I want to ensure that more families in the South Bronx have access," said Septimo.   Born and raised in the South Bronx, Septimo has been involved in community activism since she was teenager as a member of A.C.T.I.O.N., THE POINT Community Development Corporation's teen activism platform. She has worked with the Legal Aid Society, with a specific focus on cases involving domestic violence and Spanish-speaking immigrants. She also worked as the District Director for Congressman José E. Serrano (D-15th Congressional District), making her one of the youngest senior staffers in Congress. Most recently, Amanda worked to help working and middle-class families by fighting for stronger worker protections with the Council of School Supervisors & Administrators.   The Democratic Primary will be on September 13th. The 84th District includes Mott Haven, Port Morris, Melrose, The Hub, Longwood, Concourse, Highbridge, and Hunts Point.

MAYOR DE BLASIO ANNOUNCES DR. MARY T. BASSETT STEPPING DOWN AS CITY’S HEALTH COMMISSIONER

Dr. Bassett will accept role at Harvard University’s T.H. Chan School of Public Health, First Deputy Commissioner Dr. Oxiris Barbot to serve as Acting Health Commissioner

  Mayor Bill de Blasio announced today that Dr. Mary T. Bassett will step down as Health Commissioner at the end of August and will be succeeded by First Deputy Health Commissioner Dr. Oxiris Barbot, who will serve as Acting Health Commissioner.

Dr. Bassett will become director of the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University, and will be appointed the François-Xavier Bagnoud Professor of the Practice of Health and Human Rights in the department of Social and Behavioral Science at the Harvard T.H. Chan School of Public Health. 

Dr. Barbot will assume the role of Acting Health Commissioner on Sept. 1. A native New Yorker, Dr. Barbot has served as First Deputy Health Commissioner since early 2014. In this role, she has led the agency’s blueprint for achieving health equity, Take Care New York 2020, and has led the agency’s efforts to bridge the gap between public health and health care delivery. She also oversees the Department's budget, contracting and emergency preparedness divisions, and leads the group responsible for agency performance measurement and policy development. 

Under Dr. Bassett, the City’s Department of Health and Mental Hygiene refocused its efforts to tackle issues of health inequity in New York’s most under-served neighborhoods.

“Dr. Bassett brought equity to the forefront of public health in New York City,” said Mayor de Blasio. “She led the push to bring health centers to underserved neighborhoods and helped ensure New Yorkers struggling with opioid addiction received the care they needed. Her approach to public health is helping make New York City a better, fairer and more just city.”

Dr. Bassett first served in the City’s Department of Health and Mental Hygiene from 2002 to 2009, as Deputy Commissioner of Health Promotion and Disease Prevention. She was appointed Commissioner in January 2014. 

As Commissioner, she oversaw the City’s public health response to several disease emergencies, including Ebola, Legionnaires, Zika and leptospirosis. She also played key roles in the design and execution of major City plans, including ThriveNYC, HealingNYC and NYC End the Epidemic, and oversaw the development of a comprehensive legislative package to further curtail tobacco use. 

Dr. Bassett shifted the focus of the Health Department to health equity. She created the Center for Health Equity, as well as the Neighborhood Health Action Centers. These centers are housed in under-utilized Department of Health buildings and serve as resource centers that offer health and social services to communities in need, with the goal of increasing services to help reduce disparities in chronic conditions and premature mortality. Dr. Bassett also started Race to Justice, an effort to re-train the Health Department in implicit bias, which eventually expanded to other City agencies.

“As City Council Health Chair, I had the opportunity to work closely with Dr. Bassett in key health initiatives and legislation so I saw firsthand her depth of knowledge and commitment to making this city a better place,” said Council Speaker Corey Johnson. “It was an honor to see someone with so much expertise in health and medicine up close in action, and I learned a lot in that time. I know she will do great work at Harvard University and I look forward to working with First Deputy Commissioner Barbot on the city’s health concerns.”

“It’s been an honor to work with Mary. Her hard work and vision to create a city where race, ethnicity and ZIP codes do not determine people’s health outcomes will have a lasting impact on the way we carry out our public health policies,” said Deputy Mayor for Health and Human Services Dr. Herminia Palacio. “I wish her much success at the Harvard Center for Health and Human Rights, and thank her wholeheartedly for her leadership, passionate commitment to health equity, and the legacy of professional excellence she leaves at the Health Department.”

“I want to thank Mayor de Blasio for giving me the opportunity and the honor of leading the Department of Health and Mental Hygiene over the last four and a half years. With unflagging support from the Mayor and Deputy Mayors Barrios-Paoli and Dr. Palacio, we have confronted Ebola and Legionnaires disease, strengthened our City's tobacco laws, and addressed the ongoing opioid epidemic,” said Health Commissioner Dr. Mary T. Bassett. “We have made family and child heath a priority, helped enroll tens of thousands of New Yorkers in health care, and reduced HIV infections to record lows. For the first time, we have made improving mental health a real priority, thanks to the incredible vision and effort of First Lady Chirlane McCray. Most importantly, we have infused all of this work with an unwavering focus on racial equity and social justice, creating a legacy that will improve our City's health in the years to come. I thank the outstanding and dedicated people who make our Health Department the best public health agency anywhere. And I thank Dr. Oxiris Barbot, who has been a great partner and will be a superb leader of the Department.”

“I want to thank Mayor de Blasio for giving me the opportunity to serve as Acting Commissioner of the New York City Department of Health and Mental Hygiene. It has been a privilege to work alongside Commissioner Bassett, an inspirational leader whose contributions to public health and racial equity will be felt in this Department and this City for many years,” said First Deputy Commissioner Dr. Oxiris Barbot. “I look forward to continuing the great work done every day by our incredible senior leadership team and more than 6,000 dedicated, talented and creative Health Department employees to improve the lives of all New Yorkers.” 

A graduate of Yale University, Dr. Barbot received her medical degree from New Jersey Medical School, and she completed her pediatrics training at DC Children’s Hospital. She served as Baltimore’s Health Commissioner from 2010 to 2014. She previously worked for the Health Department from 2003 to 2010, as the Medical Director for the Office of School Health.

STATEMENT FROM MAYOR DE BLASIO ON CITY COUNCIL COMMITTEE VOTE TO APPROVE INWOOD NEIGHBORHOOD REZONING

  “Today’s committee vote is the first step to ensure Inwood becomes a fairer and stronger neighborhood. It means security for families who deserve to stay in the neighborhood they love, and new education, employment and community investments that will open opportunities for lifelong residents and new immigrants alike. We’re building and protecting affordable homes at a record pace. Today’s vote means thousands more families in Inwood will have the security of affordable housing, and rent they can afford. We’re adding new resources for tenants across Inwood to fight harassment and evictions. This new plan will bring significant new investments in community enrichment, including two waterfront parks, a new library, and a new Pre-K facility, along with key infrastructure projects. Councilmember Rodriguez has shown true leadership in supporting this proposal and members of the Inwood community will benefit for generations to come. I also thank Speaker Johnson and Land Use Committee Chair Salamanca for joining us in our fight for affordable housing and strong neighborhoods.”