Senator Biaggi's Week in Review: 8/23/21-8/27/21

 

Dear Community,

In the wake of former Governor Andrew Cuomo’s resignation from our state’s highest office, there has never been a more urgent moment to reform our system of ethics. On Wednesday, just one full day into Governor Kathy Hochul’s administration, I led a public hearing to examine New York State’s system of ethics oversight and enforcement, with a particular focus on the Joint Commission on Public Ethics (JCOPE). Despite the timeliness of the hearing, it is no secret to many that Albany has a long history riddled with corruption and abuses of power.

Established almost ten years ago as part of the Public Integrity Reform Act of 2011, JCOPE was created to restore public trust in government. Yet since its creation, there has only been rising concern about JCOPE’s neutrality and ability to act as an independent body. Rather than fulfill its responsibilities of ethics oversight and enforcement, JCOPE helped sustain a long history of corruption and abuse in Albany instead. 

During the hearing, we heard testimony from the Judge Sanford Berland, the Executive Director of JCOPE, Julie Garcia, a former JCOPE Commissioner, two State Senators from Alaska and Rhode Island, Erica Vladimer from the Sexual Harassment Working Group, and several good government groups who are committed to bringing transparency and integrity to our state government. I want to thank everyone who testified, especially Julie Garcia, former JCOPE commissioner, for her candor and bravery. 

Just one day after our ethics hearing, we finally saw some accountability. On Thursday, during a public meeting, JCOPE referred a criminal investigation to the Attorney General’s office into the alleged leak from someone in JCOPE to former Governor Cuomo about the commission's private vote over the matter of Joe Percoco. JCOPE also referred an investigation into the state Inspector General’s investigation into that alleged leak. My hope is that we will continue to see such transparency and accountability from JCOPE, and from every state government official.

Moving forward, it is imperative that the Legislature lead not with words, but with action and pass sweeping ethics and oversight reform. Senator Krueger has introduced legislation (S855) to amend our constitution to abolish JCOPE and the Legislative Ethics Commission in order to rebuild an entirely new ethics commission. Due to the length of time required to amend the constitution, I introduced legislation (S6964A) to reform some of the fundamental flaws within JCOPE— addressing the partisan appointment process and the Commission’s minority veto. My hope is that in the next legislative session, we are able to pass these reforms. 

If you missed the hearing and would like to watch the archived video, you can watch here. You can also read our Twitter thread with highlights from the hearing here.

With Gratitude,

State Senator Alessandra Biaggi

Statement from Governor Kathy Hochul on Supreme Court Ruling on Eviction Moratorium

 

"I am very disappointed in the Supreme Court's appalling and insensitive ruling that eliminates a key line of defense for tenants facing housing insecurity during the ongoing pandemic, and we are exploring all options to further protect New Yorkers from eviction, including with the legislative leaders.

"It is critical that New Yorkers know that anyone who applies to the rent relief program will automatically be protected from eviction while their application is pending. More than $800 million has already been already disbursed or is now ready for landlords to accept on behalf of their tenants. More than $1 billion remains available for relief and resources are available through community organizations to help New Yorkers apply, receive eviction protection, and pay their rent. New Yorkers should complete and submit their applications immediately. This is urgent."

131 Days and Counting

 

It's nice to have these three day weekends Charlene, but I am going to have to decide if I am going to run for governor now that Kathy Hochul picked State Senator Brian Benjamin as her Lt. Governor. Are you kidding? She should have asked Andrew Yang if he wanted the position. To pick someone who only got even percent in a City Comptroller race, Come on.

Charlene who should I call first to get my campaign for governor started?

Governor Hochul Directs Flags on All State Buildings to be Flown at Half-staff Tomorrow in Memory of Civilians and Soldiers Killed in Terrorist Attack on Hamid Karzai International Airport

 

 "The cowardly attack on innocent civilians and selfless service members at Hamid Karzai International Airport struck at the heart of our democracy and freedom itself. New Yorkers have sacrificed their safety to serve in Afghanistan since 9/11, and our thoughts are with the families of everyone killed in today's horrific act—both the civilians seeking freedom and the service members working to defend that freedom.

"I've ordered flags on all state buildings to be flown at half-staff tomorrow, August 27, in memory of the service members and innocent civilians killed today. This memorial act is concurrent with the half-staff order already in place in honor of New York State Police Trooper James J. Monda, who died in the line of duty on the Great Sacandaga Lake on Sunday. I've also directed my team to follow the attack in Kabul closely should we learn that any of the victims were New Yorkers.

"I've travelled to Afghanistan as a member of Congress, and I can say with certainty that the people of Kabul and all the American service members and our allies working to protect innocent lives there right now are in New Yorkers' hearts and prayers. May God bless them."

Long Island Dentist Arrested for Distributing Prescription Drugs to Women in Exchange for Sex

 

 An indictment was unsealed today in federal court in Central Islip charging Dr.  Barry Arnold, a practicing dentist with an office in Valley Stream, New York, with writing illegal prescriptions to women for oxycodone, a Schedule II controlled substance, and alprazolam (“Xanax”), a Schedule IV controlled substance, in exchange for sex acts.  Arnold was arrested yesterday and will be arraigned this afternoon before United States Magistrate Judge James M. Wicks.

Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), and Stuart Cameron, Acting Police Commissioner, Suffolk County Police Department (SCPD), announced the arrest and indictment.

“As alleged, Dr. Arnold abused his position as a dentist and preyed upon vulnerable, drug-addicted women, trading prescriptions for sex acts,” stated Acting U.S. Attorney Kasulis.  “We are committed to vigorous prosecution of medical professionals who abdicate their Hippocratic Oath and contribute to the rise of drug abuse and addiction in our communities."

“With a clear disregard for medical integrity, Dr. Arnold allegedly exchanged prescriptions for sex in his office and home.  This investigation focused on a dentist abusing his position by proliferating drug abuse and endangering the lives and safety of several women,” stated DEA Special Agent-in-Charge Donovan.  “I commend the men and women at the DEA Long Island District Office Tactical Diversion Group, HSI, Suffolk County Police Department Human Trafficking Investigations Unit, Suffolk County Sheriff’s Office and the US Attorney’s Office Eastern District of New York for their expedient and diligent work on this investigation.”

“It’s alleged that Dr. Arnold took advantage of vulnerable, addicted women for his own benefit.  He is ethically and legally responsible for every prescription, but he broke his oath with his alleged misconduct, and he is really no different than a street dealer,” stated HSI Special Agent in Charge Fitzhugh.  “HSI’s continued partnership with the DEA will ensure that drug-dealing dentists are arrested for their criminal acts.”

 “During the course of close to four years, Dr. Arnold used his ability to write prescriptions to take advantage of those struggling with addiction for his own personal indulgences,” stated Acting SCPD Commissioner Cameron. “While this doctor should have held himself to a higher standard, our officers on the DEA’S Long Island Tactical Diversion Squad will continue to hold those in medical practice accountable for illegal actions and I would like to commend the Eastern District of New York for making a difference in the opioid epidemic.”

As set forth in court filings, between October 2016 and August 2020, Dr. Arnold allegedly prescribed oxycodone, Percocet and Xanax to numerous drug-addicted victims in exchange for sex acts.  The sex acts occurred after business hours at his former dental office in Lynbrook and current office in Valley Stream.  Arnold also prescribed controlled substances in exchange for sex acts at his home in Williston Park.  The victims were not Arnold’s dental patients and the prescriptions were not for legitimate medical purposes. 

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

Court Affirms Attorney General James’ Successful Suit Against Rensselaer County, Orders County to Increase Access to Early Voting Sites in Communities of Color

 

 Court Orders BOE to Find Accessible Sites in Troy by September 3  

 New York Attorney General Letitia James announced that a court ruled in favor of her lawsuit against the Rensselaer County Board of Elections (BOE) and ordered the BOE to select new early voting poll sites, following its failure to provide voters in the county with accessible early voting poll sites, specifically in communities of color. The Appellate Division, Third Department held that the BOE failed to adequately address whether selected early voting sites were accessible by public transportation and that the chosen sites likely did not provide convenient access for many Troy residents. The court ordered the BOE to select sites that would provide Troy voters with  adequate and equitable  access to early voting poll sites by September 3, 2021.  

“Today’s decision is a critical step to ensure fair access to the polls for all eligible New Yorkers,” said Attorney General James. “While places like Georgia and Texas continue to make it harder for communities of color to vote, New York must continue to safeguard the right to vote throughout the state. I will always fight against any attempt to infringe on this most basic democratic right.”  

In May 2021, Attorney General James filed a lawsuit against the Rensselaer County BOE and its commissioners, Jason Schofield and Edward McDonough, for failing to provide voters in Rensselaer County with adequate and equitable access to early voting poll sites, as required by New York’s Early Voting law. The lawsuit alleged that when the BOE and its commissioners selected early voting sites, they ignored criteria that were required by law to take into account when determining poll sites. Despite the availability of potential early voting sites in Troy, the BOE and its commissioners repeatedly refused to select an early voting site that was easily accessible to Troy residents, where the majority of the county’s Black, Hispanic, and lower-income communities reside. The lawsuit followed multiple attempts by the Office of the Attorney General, as well as various advocacy, community, and faith-based organizations in and around Rensselaer County to urge the BOE to select additional or alternative early voting sites, but the BOE has continuously declined to do so.     

In June 2021, a  judge ruled in favor of Attorney General James' request for an injunction against the BOE in this case.    

Governor Hochul Updates New Yorkers On State's Progress Combating COVID-19

 

59,839 Vaccine Doses Administered Over Last 24 Hours

25 COVID-19 Deaths Statewide Yesterday

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

"As we approach back to school season, it's crucial to keep our children, teachers and other school staff in our minds and get vaccinated," Governor Hochul said. "The vaccine is the best option we have when it comes to keeping ourselves and our loved ones safe. If you haven't already, go out and get your vaccination as soon as you can."

 

Today's data is summarized briefly below:

• Test Results Reported - 160,554
• Total Positive - 5,407
• Percent Positive - 3.37%
• 7-Day Average Percent Positive - 3.18%
• Patient Hospitalization - 2,191 (+48)
• Patients Newly Admitted - 312
• Patients in ICU - 441 (+19)
• Patients in ICU with Intubation - 214 (+5)
• Total Discharges - 191,582 (+283)
• New deaths reported by healthcare facilities through HERDS - 25
• Total deaths reported by healthcare facilities through HERDS - 43,458
  • 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 - 55,440
    • 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 - 23,414,005
• Total vaccine doses administered over past 24 hours - 59,839
• Total vaccine doses administered over past 7 days - 337,155
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 76.2%

• Percent of New Yorkers ages 18 and older with completed vaccine series - 69.3%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 78.9%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 70.9%
• Percent of all New Yorkers with at least one vaccine dose - 64.2%
• Percent of all New Yorkers with completed vaccine series - 57.9%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 66.6%
• Percent of all New Yorkers with completed vaccine series (CDC) - 59.4%

Doctor Sentenced To More Than 15 Years In Prison For Conspiring To Distribute Thousands Of Oxycodone Pills Illegally

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that Dr. EMMANUEL LAMBRAKIS, a former state-licensed doctor, was sentenced this afternoon to 188 months in prison for conspiring to distribute medically unnecessary oxycodone unlawfully.  LAMBRAKIS pled guilty on November 26, 2019, before U.S. District Judge William H. Pauley III, and was sentenced today before U.S. District Judge Katherine Polk Failla. 

U.S. Attorney Audrey Strauss said: “Dr. Emmanuel Lambrakis wrote medically unnecessary prescriptions for thousands of oxycodone pills – an addictive and potentially fatal opiate.  Instead of abiding by his oath to ‘do no harm,’ Lambrakis pumped deadly drugs into the community.  Lambrakis put his own greed before his duties as a medical professional, and for that he will now spend a lengthy term in federal prison.”

According to the Complaint, the Indictment, and other court documents, as well as statements made in public court proceedings:

Oxycodone is a highly addictive, narcotic opioid that is used to treat severe and chronic pain conditions.  Oxycodone prescriptions are in high demand and can be resold on the street for thousands of dollars.  A single prescription for 120 30-milligram tablets of oxycodone can net an illicit distributor $2,400 in cash or more.

From at least approximately January 2011 until December 2016, LAMBRAKIS operated two medical clinics in Queens, New York, where LAMBRAKIS wrote numerous medically unnecessary prescriptions for large quantities of oxycodone in exchange for cash payments.  LAMBRAKIS typically charged approximately $150 in cash for “patient visits,” and these visits often involved numerous “patients” being seen by LAMBRAKIS at the same time in the same examination room.  During these “patient visits,” LAMBRAKIS would perform simple, perfunctory body manipulations (such as rotating the patient’s arm or leg) and engage in little or no conversation with the purported “patient.”  Nonetheless, LAMBRAKIS would then issue to the patient a prescription for a large quantity of oxycodone, most often 120 30-milligram tablets or more.

Between January 2011 and December 2016, LAMBRAKIS wrote hundreds of oxycodone prescriptions, resulting in the illicit distribution of thousands of oxycodone tablets.  On numerous occasions, LAMBRAKIS wrote 100 or more prescriptions for 30-milligram oxycodone pills in a single day.  As a result of LAMBRAKIS’s actions, LAMBRAKIS collected approximately more than $3 million in fees from his “patients.”

LAMBRAKIS, 74, of New York, New York, pled guilty to one count of conspiring to unlawfully distribute and possess with intent to distribute oxycodone. 

In addition to the prison term, LAMBRAKIS was sentenced to three years of supervised release, and ordered to forfeit $3,093,000, representing the amount he gained from issuing medically unnecessary oxycodone prescriptions.

Ms. Strauss praised the outstanding investigative work of the DEA’s Tactical Diversion Squad, which comprises agents and officers from the DEA, the NYPD, the New York State Police, Town of Orangetown Police Department, Rockland County Drug Task Force, Westchester County Police Department, and New York City Department of Investigation.  She also acknowledged the assistance of the Department of Health & Human Services, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the New York City Human Resources Administration, and the National Insurance Crime Bureau.