Assembly Member John Zaccaro, Jr. Joins New York City Sheriff's Department To Investigate Illegal Smoke Shops

 

Working closely with city and state agencies and law enforcement partners, coalition targets illegal sale of cannabis in New York City

Assembly Member John Zaccaro, Jr., (D-AD 80) in coordination with the New York County Sheriff’s Department, conducted targeted inspections yesterday on smoke shops to combat the proliferation of unlicensed and unregulated sale of tobacco and cannabis in the Allerton section of The Bronx. 

The New York County Sheriff’s Department investigated multiple locations. At least three of these locations were found to have been in violation of the law, as follows: 649 Allerton Avenue (200 Healthy Deli Corp), 686-688 Allerton Ave (BX Convenience & Smoke Store Corp), and 800 Allerton Avenue (Allerton Ave Smoke Shop Inc). 

Investigations into these businesses yielded the following:

- Two (2) arrests

- Four (4) C-Summons

- Six (6) Notice of Violations with 32 violations and 196 counts of violations 

- Estimated $223,700 in penalties 

- 14.5 Cartons of untaxed cigarettes

- 3,392 packages of other tobacco products

- 1,824 flavored vape products

- 190 THC Vapes

- 2,009 packages of THC flowers weighing a total of 39.38lbs

- 1,750 THC pre-rolls weighing a total of 4.44 lbs

- 367 packages of THC edibles weighing a total of 38.6lbs

“Today is a reckoning for those who have chosen to circumvent the law and target our most vulnerable citizens and children by acquiring and selling cannabis and tobacco products illegally," said Assembly Member John Zaccaro, Jr. “I am proud to partner with the New York County Sheriff’s Department and be at the forefront of a broader effort to curb the sale of illegal tobacco and cannabis products.”

Sheriff Anthony Miranda said, “The Sheriff’s office will continue to work collaboratively with other city agencies to combat the proliferation of unlicensed smoke shops in New York City. Community safety and public health are our top priority.”

The raids conducted by the Sheriff’s Department are part of a larger, ongoing community-based mission working in conjunction with the Office of Cannabis Management (OCM), as well as numerous City and State agencies to crack down on smoke shops that are selling cannabis and tobacco products without a state-issued license. Smoke shops found to be in possession of and selling of illegal cannabis and tobacco products face stiff fines, forfeiture of the illegally obtained products, and revocation of any current or pending licenses, among other penalties. 

John Zaccaro, Jr., represents the 80th Assembly District which encompasses Allerton, Indian Village, Little Yemen, Morris Park, Norwood, Pelham Gardens, and Van Nest.

VCJC News & Notes

 

Van Cortlandt Jewish Center
News and Notes

Here's this week's edition of the VCJC News and Notes email. We hope you enjoy it and find it useful!

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Attorney General James’ Office of Special Investigation Releases Report on Death of Rameek Smith

 

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Rameek Smith, who died on May 10, 2022 in the Bronx. Following a thorough investigation, which included review of body-worn camera footage, interviews with witnesses, ballistic testing, and evidence from the scene, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer who shot Mr. Smith was justified. 

On the evening of May 10, 2022, two New York City Police Department (NYPD) officers were patrolling in the Bronx when they spotted Mr. Smith walking on Third Avenue with what appeared to be a gun by his waist. The officers stopped the patrol car and attempted to engage Mr. Smith, but he ran away. One officer pursued him on foot while the other officer followed in the patrol car. The pursuit ended on Bathgate Avenue when Mr. Smith fired his gun and injured the officer who was chasing him on foot. Mr. Smith then began to run across the street in front of the patrol car. As Mr. Smith pointed the gun in the direction of the patrol car and the driving officer, the officer stopped the car, got out, and fired his service weapon, striking Mr. Smith. Mr. Smith was taken to a local hospital, where he later died. Officers recovered a gun at the scene.

New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Rameek Smith, who died on May 10, 2022 in the Bronx. Following a thorough investigation, which included review of body-worn camera footage, interviews with witnesses, ballistic testing, and evidence from the scene, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer who shot Mr. Smith was justified.  (NYPD) officers were patrolling in the Bronx when they spotted Mr. Smith walking on Third Avenue with what appeared to be a gun by his waist. The officers stopped the patrol car and attempted to engage Mr. Smith, but he ran away. One officer pursued him on foot while the other officer followed in the patrol car. The pursuit ended on Bathgate Avenue when Mr. Smith fired his gun and injured the officer who was chasing him on foot. Mr. Smith then began to run across the street in front of the patrol car. As Mr. Smith pointed the gun in the direction of the patrol car and the driving officer, the officer stopped the car, got out, and fired his service weapon, striking Mr. Smith. Mr. Smith was taken to a local hospital, where he later died. Officers recovered a gun at the scene.

Pharmacist Convicted for Conspiring to Unlawfully Dispense Over 100,000 Opioid Pills

A federal jury in Houston convicted a Texas pharmacist for her role in a pill-mill pharmacy that unlawfully dispensed over 100,000 opioid pills in exchange for cash.

According to court documents and evidence presented at trial, from January 2014 to January 2018, Deanna Winfield-Gates, 54, of Houston, was a relief pharmacist at Health Fit Pharmacy (Health Fit), a cash-only, pill-mill pharmacy. Health Fit dispensed controlled substances to drug traffickers in exchange for hundreds of dollars, often based on prescriptions that were fraudulent and issued in the names of physicians whose identities were stolen. Winfield-Gates filled large volumes of cookie-cutter prescriptions for the opioids hydrocodone 10-325mg and oxycodone 30mg and for carisoprodol, alprazolam, and promethazine with codeine, often in combination, knowing these controlled substances were likely to be diverted or abused.  

The jury convicted Winfield-Gates of one count of conspiracy to unlawfully distribute and dispense controlled substances. She is scheduled to be sentenced on Jan. 11, 2024, and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Winfield-Gates was the last-remaining defendant charged in this case. Three co-defendants previously pleaded guilty to the conspiracy. 

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas, and Special Agent in Charge Daniel C. Comeaux of the Drug Enforcement Administration (DEA) Houston Field Division made the announcement.

The DEA investigated the case.

Trial Attorneys Drew Pennebaker and Courtney Chester of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed the Medicare program for more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit. 

NYS Office of the Comptroller DiNapoli: State Medicaid Needs to Stop Paying Bills That Federally Funded Plans Should Cover

 

Audits Find Medicaid Paid Up To $388 Million That Should Have Been Paid By Federally Funded Plans Stronger Enrollment and Payment Oversight Needed The state Department of Health (DOH) can save hundreds of millions of dollars in costs if it strengthens its oversight of enrollment in Medicaid and other public health plans, according to two audits released today by State Comptroller Thomas P. DiNapoli. “Far too often the Department of Health has let the state’s Medicaid program pay for services that federally-funded health care programs should have covered,” DiNapoli said. “As the DOH continues its efforts to ensure everyone gets the health coverage they’re entitled to, it has a chance to save hundreds of millions of dollars by improving its oversight.” The audits DiNapoli released today examined whether DOH was doing enough to control Medicaid costs for New Yorkers’ health care. The audits found tens of thousands of instances in which state Medicaid paid costs that another, federally-funded health care plan, such as the Essential Plan or Medicare, should have paid. These shortcomings are particularly important to address as New York, like other states, “unwinds” pandemic requirements to maintain enrollment by recertifying eligibility for Medicaid, which may result in enrollees transferring to other public plans. Medicaid Paying Costs That Should Be Covered By Medicare Most individuals receiving Medicaid are required to apply for federally-funded Medicare at age 65. Under DOH’s supervision, local departments of Social Services are supposed to identify those who appear eligible for Medicare and have them apply. DiNapoli’s audit, which covered the period from July 2016 to June 2021, found that DOH gave guidance to local departments of Social Services, but it did not make sure they complied with this guidance. The audit found state Medicaid could have saved up to $294.4 million in payments on medical services if 13,318 individuals who appeared qualified for Medicare had enrolled over a six-year period ending June 2021. The state Department of Health (DOH) can save hundreds of millions of dollars in costs if it strengthens its oversight of enrollment in Medicaid and other public health plans, according to two audits released today by State Comptroller Thomas P. DiNapoli. “Far too often the Department of Health has let the state’s Medicaid program pay for services that federally-funded health care programs should have covered,” DiNapoli said. “As the DOH continues its efforts to ensure everyone gets the health coverage they’re entitled to, it has a chance to save hundreds of millions of dollars by improving its oversight.” The audits DiNapoli released today examined whether DOH was doing enough to control Medicaid costs for New Yorkers’ health care. The audits found tens of thousands of instances in which state Medicaid paid costs that another, federally-funded health care plan, such as the Essential Plan or Medicare, should have paid. These shortcomings are particularly important to address as New York, like other states, “unwinds” pandemic requirements to maintain enrollment by recertifying eligibility for Medicaid, which may result in enrollees transferring to other public plans. Medicaid Paying Costs That Should Be Covered By Medicare Most individuals receiving Medicaid are required to apply for federally-funded Medicare at age 65. Under DOH’s supervision, local departments of Social Services are supposed to identify those who appear eligible for Medicare and have them apply. DiNapoli’s audit, which covered the period from July 2016 to June 2021, found that DOH gave guidance to local departments of Social Services, but it did not make sure they complied with this guidance. The audit found state Medicaid could have saved up to $294.4 million in payments on medical services if 13,318 individuals who appeared qualified for Medicare had enrolled over a six-year period ending June 2021. Included in that group are those who were eligible, but were not required to enroll in Medicare because the rules were suspended during the pandemic. The requirement was reinstated in June 2023. Among the 13,318 individuals, there were 3,780 who appeared to become eligible during the pandemic in a period from January 2020 through June 2021. The audit calculated that Medicaid could have saved $37.3 million (part of the $294.4 million) if they had been enrolled in Medicare. Although local departments of Social Services were not required to ensure people applied for Medicare during the public health crisis, they were not prohibited from offering people the opportunity to enroll. The 3,780 individuals will need to first renew their Medicaid coverage as part of the state’s unwinding process before they can apply for Medicare, if they are eligible. State Medicaid will continue to pay their health care costs until then. Medicaid Paying Costs That Essential Plan Should Cover The 2010 Affordable Care Act let states create a Basic Health Plan to provide health insurance to lower income individuals who are not eligible for Medicaid. New York’s Basic Health Plan, known as the Essential Plan, became available in January 2016. As of March 31, 2022, the state’s Essential Plan had enrolled approximately 971,000 individuals with program costs of $5.5 billion that are 100% covered by federal funds. DOH administers both Medicaid and the Essential Plan. Because the qualifications for Medicaid and the Essential Plan are similar, individuals can transition from one plan to the other as their income, household and other factors change. Because Medicaid is always the payer of last resort, the Essential Plan is supposed to be the primary payer during any overlap and Medicaid should only pay any remaining costs such as deductibles. DiNapoli’s second audit, which covered the period from Jan. 2017 to Nov. 2022, found the DOH, despite having enrollment information for both plans, never treated the Essential Plan as the primary insurer during overlap periods since its inception in 2016. As a result, Medicaid has improperly paid the full amount for services during overlaps for a total of $93.7 million. During the first two months of DOH’s Medicaid unwind, June and July of 2023, approximately 69,819 individuals moved from Medicaid to the Essential Plan and approximately 21,946 transitioned to Medicaid from the Essential Plan. Based on the audit’s findings, DOH should be able to achieve significant savings as individuals move from one program to the other. The audits recommended the DOH ensure Medicare-eligible members are identified and enrolled and that it recover as much of the $93.7 million that should have been billed to the Essential Plan as it can. In its response, DOH said that, as part of its unwind process, it has sent renewal guidance to local departments of Social Services and was working with them to identify Medicare eligible members and have them enroll in it. Officials also said they were reviewing improperly billed costs for potential recovery. DOH’s complete responses are available in the audits. Reports Department of Health: Medicaid Program: Reducing Medicaid Costs for Recipients Who are Eligible for Medicare Department of Health: Medicaid Program: Improper Medicaid Payments During Permissible Overlapping Medicaid and Essential Plan Coverage

Putnam Valley Husband And Wife Indicted For Operating A Prostitution Business At Multiple Massage Parlors In New York

Damian Williams, the United States Attorney for the Southern District of New York, James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Kevin McConville, the Sheriff of the Putnam County Sheriff’s Office, announced the unsealing of an Indictment charging HONG RU LIN, a/k/a “Bruce,” and KENA ZHAO, a/k/a “Angela,” with violating the Travel Act and conspiring to do so in connection with their use of facilities of interstate commerce to operate a prostitution business at multiple massage parlors in Putnam, Westchester, New York, and Queens County.  LIN and ZHAO were arrested and will be presented before U.S. Magistrate Judge Judith C. McCarthy. 

U.S. Attorney Damian Williams said: “As alleged, Hong Ru Lin and Kena Zhao operated an extensive prostitution business, using massage parlors as cover for their illegal activities.  This Indictment makes clear that my Office will continue to pursue those who operate illicit businesses, especially when they do so behind the closed doors of supposedly legitimate establishments.” 

FBI Assistant Director in Charge James Smith said: “This indictment puts an end to an alleged extensive commercial sex enterprise that exploited countless women and repeatedly violated U.S. laws.  Let these charges be a message to anyone who seeks to exploit women for monetary gain, the FBI is committed to protecting victims, and will always bring their predators to justice.”

Putnam County Sheriff Kevin McConville said: “We will continue to work with our federal and local law enforcement partners to keep these types of crime out of Putnam County.”

According to the allegations in the Indictment unsealed today in White Plains federal court:[1]

Between at least September 2020 and the present, LIN and ZHAO operated a prostitution business out of multiple massage parlors that they owned in Putnam, Westchester, New York, and Queens County.  LIN and ZHAO managed a roster of women who worked at the massage parlors and performed sexual acts for the customers of LIN and ZHAO.  LIN and ZHAO communicated by cellphone and private chatroom to manage and operate their prostitution business.  Among other things, LIN and ZHAO used cellphones to communicate with potential customers, assign particular employees to customers, monitor the income of their prostitution business, and set performance goals for the women who worked in the massage parlors.  In addition, on at least one occasion, ZHAO personally participated in a massage during which a sexual act was offered to a customer.

HONG RU LIN, 50, and KENA ZHAO, 45, both of Putnam Valley, New York, are charged with violating the Travel Act and conspiring to violate the Travel Act.  Each of these counts carries a maximum sentence of five years in prison. 

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

Mr. Williams praised the outstanding work of the FBI’s Westchester County Safe Streets Task Force and the Putnam County Sheriff’s Office.  Mr. Williams also thanked the Town of Carmel Police Department, the Westchester County Police Department, and the Yonkers Police Department for their assistance in this matter. 

Mr. Williams noted that the investigation is ongoing.  If you feel you may be a victim of or have information related to the conduct in this case, please contact the FBI Tip Line at 1-800-CALL-FBI or at tips.fbi.gov.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Attorney General James and DEC Commissioner Seggos Announce Convictions of Recycling Companies for Illegally Processing 800 Tons of Hazardous E-Waste

 

New York Attorney General Letitia James and Department of Environmental Conservation (DEC) Commissioner Basil Seggos announced the convictions of ALPCO Recycling, Inc., (ALPCO), and its owner, Alton Plumb, Jr., as well as Finger Lakes Cleanup and Recycling Consultants, Inc., and its project manager, Craig Foster, for their roles in illegally processing and disposing of 800 tons of electronic waste (e-waste) in Wayne County. Yesterday's convictions were the result of a joint investigation by the Office of the Attorney General (OAG), DEC, and the U.S. Environmental Protection Agency (EPA).

“When hazardous waste is not managed properly, it puts families and communities at risk, and endangers the environment,” said Attorney General James. “By disregarding public safety laws and common sense, these companies put residents in harm’s way and stuck local communities with the mess they left behind. Hopefully this conviction sends a clear message that illegally disposing of waste will not be tolerated by my office or our partners. I thank the DEC and the EPA for their coordination throughout this process, and for assisting as we brought these bad actors to justice.”

“Dumping e-waste is illegal and has the potential to damage our natural resources and impact the health of New Yorkers long after the dumping occurs,” said DEC Commissioner Seggos. “DEC’s thorough investigation and the joint enforcement action with Attorney General James and the U.S. EPA resulted in these convictions of two recycling companies and sends a strong message that New York state is not a dumping ground for illegal waste disposal and violators will be brought to justice.”

“The defendants violated environmental protections for safely managing 800 tons of hazardous e-waste all to avoid the cost of proper disposal, posing a danger to the entire community,” said Special Agent in Charge with EPA’s Criminal Investigation Division Tyler Amon. “This case demonstrates that EPA and its New York DEC law enforcement partners will hold those who knowingly violate environmental laws criminally accountable for their actions.”

In 2015, a large amount of e-waste was abandoned at the Geneva Enterprise Development Center (GEDC) in Seneca County. The abandoned waste included television and computer monitors with Cathode Ray Tubes, which are hazardous and contain lead. In 2016, when Finger Lakes Cleanup and Recycling Consultants was hired to clean up the abandoned e-waste, Foster approached ALPCO owner Plumb, Jr. for assistance. Despite knowing that ALPCO did not have a permit and was not authorized to process hazardous waste, Foster, on behalf of his company, entered into an agreement with Plumb to process and dispose of the abandoned e-waste. Altogether, ALPCO unlawfully processed and disposed of 800 tons of e-waste from May 2016 to July 2016. The ALPCO site was subsequently remediated and all of the e-waste was properly disposed of at ALPCO’s cost.

Under New York Environmental Conservation Law, e-waste must be properly disposed of through the appropriate waste or recycling system. By law, a DEC solid waste facility registration must be completed and approved by DEC in order for an entity to lawfully process e-waste in New York State. Recently adopted regulations require electronic waste recycling facilities to submit closure plans and closure costs estimates that must be updated annually. The owner or operator of the electronic waste recycling facility must provide proof of financial assurance to DEC within 180 days of the registration approval. These regulations are in place to protect New York residents and the environment from improperly disposed of hazardous materials and e-waste.

Both Foster and Finger Lakes Cleanup and Recycling Consultants, pleaded guilty yesterday in Wayne County Court before the Hon. Richard M. Hea . Foster pleaded guilty to Unauthorized Possession, Disposal and Dealing in Hazardous Wastes (Class A misdemeanor) and was sentenced to a one-year conditional discharge. Finger Lakes Cleanup and Recycling Consultants pleaded guilty to Unlawful Dealing in Hazardous Wastes in the First Degree (Class E felony) and was sentenced to a three-year conditional discharge. Additionally, they were both fined $5,000 each. 

Plumb and his company, ALPCO, previously pleaded guilty in Wayne County Court before the Hon. John B. Nesbitt to violating the state’s Environmental Conservation Law and was sentenced to a one-year conditional discharge, and paid a $1,500 fine. ALPCO pleaded guilty to Unauthorized Possession, Disposal, and Dealing in Hazardous Wastes (Class A misdemeanor) and was sentenced to an unconditional discharge. Plumb also previously agreed to a DEC consent order, requiring him to pay $225,000 in civil penalties for Environmental Conservation Law and Permit violations.  

Attorney General James thanks DEC’s Police Bureau of Environmental Crimes Investigation and the EPA for their invaluable assistance in this investigation. 

The OAG investigation was conducted by Detective Joel Cordone, under the direction of Detective Supervisor Peter Fitzgerald, Assistant Chief Samuel Scotellaro, and Deputy Chief Juanita Bright of the Major Investigations Unit. The Investigations Bureau is led by Chief Investigator Oliver Pu-Folkes.

DEC’s investigation, which began back in 2015, was conducted by Lieutenant Chris Didion and retired Investigators Jeff Lamphier and John Dobies.

Electricians Recruit Apprentices

 

The Joint Industry Board of the Electrical Industry, Local Union #3, will conduct a recruitment from October 16, 2023 through October 27, 2023 for 300 electrician apprentices, the New York State Department of Labor announced today.

Applications can be obtained by sending a request, only via Registered Mail, addressed to: Joint Apprentice Committee, P.O. Box 560249, College Point, NY 11356-0249. The request letters will be accepted for 10 business days or until 2,000 registered letters have been received, whichever comes first. Registered letters requesting an application must not be postmarked earlier than October 16, 2023. Letters sent by Certified Mail will not be accepted. All registered letters postmarked October 16, 2023 will be honored with an application even if the number of letters received exceeds the 2,000 limit.

Please do not mail any documents or money with your registered letter. If you receive an application, there is a non-refundable application fee of $25. Note: You may request that this fee be waived. Fee waivers will be approved upon showing verifiable proof of financial need. All applications must be postmarked no later than October 27, 2023.

The Committee requires that applicants:

• Must be at least 18 years of age.
• Must have one year of High School level algebra or the equivalent. An official transcript will be required after selection and prior to indenture.
• Must pass a physical exam as determined by a physician selected and paid by JAC, after selection and prior to indenture.
• Must be a resident, for at least two years, of the greater NY metropolitan area (within a 60-mile radius of Columbus Circle in New York City).
• Must obtain a qualifying score of ‘3’ or above on the NJATC/AIR aptitude test.

For further information, applicants should contact Local Union #3 at (718) 591-1383. Additional job search assistance can be obtained at your local New York State Department of Labor Career Center (see: dol.ny.gov/career-centers).

Apprentice programs registered with the Department of Labor must meet standards established by the Commissioner. Under state law, sponsors of programs cannot discriminate against applicants because of race, creed, color, national origin, age, sex, disability, or marital status. Women and minorities are encouraged to submit applications for apprenticeship programs. Sponsors of programs are required to adopt affirmative action plans for the recruitment of women and minorities.