A.G. Schneiderman Announces State Prison Sentence For Unregistered Bronx Tax Preparer

Raul D. Kelley Sentenced To 2 To 6 Years in Prison For Submitting Forged NYC Transit Authority W2 Statements And Preparing Over 700 Fraudulent Tax Returns

Schneiderman: If You Intentionally Lie On Your Taxes, You Will Be Caught And You Will Be Held Responsible

Attorney General Eric T. Schneiderman today announced the sentencing of Raul D. Kelley, 49, of the Bronx, NY for submitting forged W2 statements and preparing over 700 fraudulent tax returns while acting as an unregistered tax preparer. Kelley also submitted fraudulent documents and information on his own personal income taxes in an effort to illegally take more than $25,000. Kelley was sentenced today in Albany County Supreme Court to 2 to 6 years in state prison on his pleas of guilty to the crimes of Criminal Possession of a Forged Instrument in the Second Degree, a class “D” felony, and Attempted Grand Larceny in the Third Degree, a class “E” felony.

“When individuals attempt to cheat on their taxes, it shifts the burden to other honest New Yorkers,” said Attorney General Schneiderman. “Today’s sentencing makes it clear that if you intentionally lie on your taxes, you will be caught and you will be held responsible.”

In January 2015, as a result of a joint investigation by the Attorney General’s Criminal Enforcement and Financial Crimes Bureau and the New York State Department of Taxation and Finance’s (DTF’s) Criminal Investigations Division, Kelley was arrested on felony charges regarding his operation of an unregistered tax preparer business, in which he submitted fraudulent tax returns on behalf of taxpayers. 

According to the indictment and statements made to prosecutors, Kelley worked for the NYC Transit Authority from 2007 until 2008 as a train operator. However, after leaving the NYC Transit Authority, Kelley continued to submit forged W2 Statements through the 2012 tax year, claiming thousands of dollars in fraudulent tax withholdings. In addition, Kelley claimed thousands of dollars in deductions and credits that he was not entitled to, all in an effort to personally wrongfully collect more than $25,000 in New York State tax refunds.

The investigation by the Attorney General and the DTF uncovered additional crimes linked to Kelley’s role as an unregistered tax preparer, including the submission of over 700 fraudulent New York State personal and corporate income tax returns for tax years 2009 through 2012. These submissions resulted in the theft from the DTF of $267,425 and the attempted theft of an additional $506,572.

On April 5, 2016, Kelley pleaded guilty to the crimes of Criminal Possession of a Forged Instrument in the Second Degree (a Class “D” felony) and Attempted Grand Larceny in the Third Degree (a Class “E” felony).  At the time of his plea, Kelley admitted that these crimes were related to Kelley’s role as an unregistered tax preparer and his submission of fraudulent New York State personal and corporate income tax returns for clients between January 1, 2010 and December 31, 2013.

Kelley was sentenced today by the Honorable Andrew G. Ceresia in Albany County Supreme Court to 2 to 6 years in state prison.

Commissioner Boone encourages taxpayers to ensure that tax preparers are registered with New York State by using the Tax Department’s searchable online database of 40,000 tax preparers. Certified public accountants, attorneys and enrolled agents have other professional requirements and are, therefore, not required to be registered.

The Attorney General thanked the DTF’s Criminal Investigations Division for its cooperation in the case.

COMPTROLLER STRINGER: NYC BOARD OF ELECTIONS MUST TAKE IMMEDIATE STEPS TO AVOID ANOTHER ELECTION FIASCO

More than 600 New Yorkers registered complaints with the Comptroller’s office; over half reported they weren’t on voter rolls, nearly a quarter encountered issues at their poll site

In the wake of reported voting irregularities across the five boroughs during the April 19th Presidential Primary Election, New York City Comptroller Scott M. Stringer solicited comment from New Yorkers and received more than 600 complaints about voting issues, including over 300 who reported they weren’t listed on voting rolls. In response to these complaints, Comptroller Stringer sent a letter to the New York City Board of Elections (BOE) demanding that it take immediate steps to avoid a recurrence of problems experienced by many New York City residents during the April 19th presidential primary. The need to change policies and procedures is urgent, Stringer noted, as the deadline to register for the state’s June 28th Congressional primary election is June 3rd – just 23 days away.

“Thousands of people experienced problems at the poll that prevented or interfered with their right to vote,” Comptroller Stringer said. “Voting is the cornerstone of our democracy, and with three more elections in 2016 alone, the Board of Elections must act now to ensure that everyone is able to have their voice heard at the ballot box.”

On primary day, Comptroller Stringer announced an audit of the operations and management of the Board of Elections, an inquiry that is expected to take at least nine months to one year to complete. To help identify potential issues that may improve voter access before that audit is completed, Comptroller Stringer’s office solicited feedback from the general public about their voting experience. Over 600 complaints were logged, including:

• 306 voters, or roughly half, reported that they were not on the rolls, either due to the BOE’s “purging” of their name, a change in poll location, or another issue.

• • 78 voters reported encountering significant issues with poll workers, including but not limited to:
  • Directing voters to the incorrect poll site;
  • Demanding identification from voters;
  • Failing to show up by 6 a.m. to open poll sites;
  • Giving voters the incorrect primary ballot (wrong party); and
  • Confusion about the procedure for affidavit ballots.

• 55 voters reported that they were not listed with the correct party affiliation.

• • 19 voters encountered issues with the ballot or ballot machine, including:
  • Lack of functioning ballot scanners (poll workers deposited ballots in a box);
  • Scanners that were not programmed to accept the Republican primary ballot; and
  • Ballots that did not allow voters to write in another candidate.

To help improve conditions for the upcoming elections in 2016 and beyond, Stringer demanded that the BOE:

1. 1. Address the needs of “purged” voters by:
   • Identifying those who were improperly removed from the rolls and restoring them to active status before the June primary; and
   • Prominently displaying a link on the BOE website for people who may have been affected by the voter purge with information on how to confirm voter status.

2. Reach out to the 120,000 affidavit ballot voters to inform them of their current registration status, and what steps, if any, they can take to ensure that they are on the active voter rolls for the June primary.

3. 3. Increase voter registration and turnout by:
   • Extending the 9-to-5 hours of operation for BOE telephone hotlines;
   • Conducting an enhanced public awareness campaign directing all voters to register in advance of the June primary and/or to check their voter status on the BOE website; and
   • Providing weekly updates to the public on steps taken to restore voters who were improperly purged, plus additional steps being taken by the BOE to ensure that all eligible voters will be able to participate in the Democratic process.

“The status quo for the Board of Elections is not going to cut it. These proposals are concrete steps the BOE can take to proactively break down barriers to voting and help bring an end to this cycle of dysfunction,” Stringer said.

Bronx Man Charged In Manhattan Federal Court With 2013 Home-Invasion Robbery And Murder

  Preet Bharara, the United States Attorney for the Southern District of New York, Diego Rodriguez, the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and William J. Bratton, the Commissioner of the New York City Police Department (“NYPD”), announced the return of a Superseding Indictment charging TERRILL STATON with the October 29, 2013, home-invasion robbery and murder of Erwin Elliot, 44, in the Bronx, New York.   

Manhattan U.S. Attorney Preet Bharara stated: “As alleged, the defendant went into Erwin Elliot’s home with a gun, robbed him, and murdered him.  Thanks to the dogged efforts of the FBI and the NYPD, the defendant is now being held accountable for his alleged brutal crimes.”

FBI Assistant Director-in-Charge Diego Rodriguez stated: “Today, Terrill Staton faces justice for his alleged role in the brutal home-invasion robbery and murder of a Bronx resident. The FBI would like to thank our law enforcement partners for their assistance with this case.”

NYPD Commissioner William Bratton said: “I want to commend the NYPD detectives and our law enforcement partners who were integral to this indictment, which we hope will offer some consolation to the family who lost their loved one to this violent act.”

As alleged in the Superseding Indictment,[1] on October 29, 2013, STATON carried out a home-invasion robbery of Erwin Elliot, a marijuana dealer, at 642 East 221st Street in the Bronx.  In the course of the robbery, STATON shot and killed Elliot.

*                      *                     *

STATON was already in federal custody, and will be arraigned on the Superseding Indictment before U.S. District Judge Naomi Reice Buchwald at a date to be determined.                                   

A chart containing the charges and maximum penalties is below.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the FBI and the NYPD.  Mr. Bharara also thanked the Bronx District Attorney’s Office for its assistance in the case.

The case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorneys Hadassa Waxman and Michael Gerber are in charge of the prosecution.

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

CHARGE	MAXIMUM PENALTY
Robbery conspiracy	20 years in prison
Robbery	20 years in prison
Murder	Life in prison Mandatory minimum: 5 years in prison, to be imposed consecutively to any other sentence

Assemblymember Pichardo announces legislation to improve wheelchair accessibility for NYC taxis

  Assemblymember Victor Pichardo held a press conference today highlighting legislation he authored to improve wheelchair accessibility in New York City’s for-hire taxi and limousine industry by creating a centralized dispatch service for wheelchair-accessible transportation (A.9730). He was joined by Livery Roundtable, New York State Federation of Taxi Drivers, Black Car Assistance Corporation and Prestige Car Service.

      “Our city is clearly in need of a better solution to ensure every New Yorker has access to safe, reliable transportation,” said Pichardo. “My legislation addresses provider and customer concerns to help get travelers – including those with wheelchairs – where they need to go.”

      Currently, for-hire taxi and limousine companies are penalized for failure to provide wheelchair-accessible transportation when necessary, even if drivers are independently contracted and at liberty to choose their vehicle and hours of service. Rather than benefiting the disabled community, however, the policy has led to repeated burdensome fines that leave little opportunity for improved services.

      "The TLC knows we can’t comply with their wheelchair accessibility requirements, but they keep ticketing us anyway.  It hurts small businesses and it doesn't help anyone but the city budget.  But, now, thanks to Assemblyman Pichardo, we have hope of it being fixed," said Felix Medrano, president, Prestige Car Service, Bronx, NY.

      "Years ago the TLC decided that people who use wheelchairs should have access to the same car service as those that don't.  That is a wonderful and laudable goal.  But, they never bothered to figure out how it could be done.  Instead, they created a system where wheelchair users don't get equal access and car service companies get fined for it. Assemblyman Pichardo has proposed a great way to fix this mess and we applaud him and support his efforts," said Avik Kabessa, Founder, Livery Roundtable, CEO, Carmel Car and Limousine.

      Pichardo’s legislation seeks to provide a more balanced approach by eliminating the ineffective regulations and creating a centralized dispatch service for wheelchair-accessible transportation controlled by the city’s Taxi and Limousine Commission (TLC). The new policy would be consistent with those already implemented nationwide.

      “By creating a dispatch service for wheelchair-accessible transportation, we can help for-hire taxi and limousine drivers tap into the resources they need to provide quality service to all consumers,” Pichardo said.

Metropolitan Area Memorial Day Events To Honor Those Who Sacrificed For Our Nation

The United War Veterans Council (UWVC) — organizers of the New York City Veterans Day Parade — calls on metropolitan area residents to remember this Memorial Day those who have sacrificed for us by participating at one of many events taking place Monday, May 30. These events offer the opportunity for the community to reflect on the sacrifices service members and loved ones alike have made to protect the freedoms enjoyed by everyone in the United States.

“On Memorial Day we honor the brave men and women who put their lives on the line and made the ultimate sacrifice for our country and to protect our freedoms,” said UWVC President Dan McSweeney. “Through our efforts and support of the many events taking place throughout the region, we hope and call on metro area residents to show their support and pay their respects by attending a nearby event honoring the legacy of all those who served in the U.S. military.”

The UWVC is working with community groups throughout the metropolitan area to help organize and promote memorials, parades and other Memorial Day-related events, including:

• Soldiers’ and Sailors’ Monument Memorial Day Ceremony, Monday, May 30. Begins 10:00 a.m., led by the New York Scottish Pipes and Drums, Sons of Union Veterans of the Civil War and the Veteran Corps Artillery at the Soldiers’ and Sailors’ Monument, Riverside Park & W. 82^nd St., Manhattan. Following the procession, UWVC’s Dan McSweeney joins veterans and other participants for a wreath laying ceremony.

• 149^th Kings County Memorial Day Parade, Monday, May 30. One of the oldest Memorial Day parades in the nation, this parade begins 11:00 a.m. at 78^th St. & 3^rd Ave. in Brooklyn, followed by a wreath laying ceremony at John Paul Jones Park.

• Black Veterans for Social Justice (BVSJ) Memorial Day Parade, Monday, May 30.  Parade begins noon atRestoration Plaza on Fulton St., Brooklyn.  Parade will process up Marcy Ave., turning onto Willoughby Ave. to end at BVSJ headquarters at 665 Willoughby Ave. (bet. Throop & Marcus Garvey Blvd.).  UWVC’s Ryan Heggwill join parade officials at the closing ceremony for a wreath laying and other activities.

• Little Neck-Douglaston Memorial Day Parade, Monday, May 30.  Parade begins 2:00 p.m. at Jayson Ave. /Northern Blvd., Queens with UWVC’s Dan McSweeney serving as honorary Parade Marshal and speaking at the closing ceremony. Prior to the parade at 10:00 a.m., there will be an interfaith service at St. Anastasia Church at 45-14 245^th St., Douglaston, NY. Immediately after Interfaith Service, the Wreath Laying Ceremony will take place near the monument in the Divine Wisdom Catholic Academy schoolyard.

• City Island Memorial Day Parade, Monday, May 30.  Parade begins 1:45 p.m. at Leonard Hawkins Post 156, 550 City Island Ave. in the Bronx. Prior to the parade UWVC will participate in two wreath-laying ceremonies in the area: the first, 10:30 a.m. at Bicentennial Veteran Memorial Park (Throgg's Neck Expressway at Pennyfield and Elisworth Aves.); and the second, 11:15 a.m. at Throggs Neck Memorial Post – American Legion (1456 Shore Dr.).

About United War Veterans Council

The United War Veterans Council, Inc. (UWVC) is a 501-(c) (19) non-profit organization that is dedicated to mobilizing the public to honor, support and serve America’s veterans through a wide range of activities and initiatives. We produce America’s Parade (the NYC Veterans Day Parade), the largest celebration of service in the nation.  Since our inception, the UWVC has been a non-political, non-partisan organization, with no agenda or purpose other than serving our veterans. We represent the mosaic of the veterans’ community, encompassing veterans of all eras and backgrounds.www.uwvc.org / FB / Twitter / Instagram.

The Bronx Veterans Parade Task Team, Inc is Calling You

COMPTROLLER STRINGER AUDIT REVEALS WIDESPREAD MISMANAGEMENT, WASTE AND SERVICE FAILURES IN MTA’S ACCESS-A-RIDE PROGRAM

Tens of thousands of New Yorkers left stranded; 2.5 million pick-up and drop-off times may have been manipulated to show more favorable performance; Less than 50% of one car service’s trips were on-time

 More than 31,000 times in 2015, New York City residents booked Access-A-Ride vehicles that never showed up and failed to provide service, stranding thousands of New Yorkers with disabilities, seniors and others who are unable to take mass transit, according to a new audit released today by New York City Comptroller Scott M. Stringer. The audit found that the Metropolitan Transportation Authority (MTA) allowed vendors to act with impunity, failing to monitor and correct problems or improve its Paratransit service.

“Access-A-Ride is absolutely essential for thousands of people to get around New York City every single day, yet this program stranded thousands of people, wasted millions of taxpayer dollars and caused untold harm and distress,” Comptroller Stringer said. “We found serious breakdowns in oversight and operations which have contributed to a culture of indifference and neglect by the MTA. After years of mismanagement, it’s on the MTA to take action now.”

Access-A-Ride services are mandated by the Americans with Disabilities Act, which requires public transportation authorities to provide a paratransit system for passengers who cannot use public bus or subway services. In assigning Access-A-Ride trips, the MTA delivers service through a network of 16 companies. These companies provide service using MTA Paratransit Division-owned vehicles, such as specially equipped buses and cars, and for hire vehicles that provide transportation to ambulatory passengers through car services.

The Comptroller’s Audit examined Access-A-Ride services for which the MTA paid $321 million in calendar year 2015.

Key findings include:

Access-a-Ride Buses and Cars

Thousands of people were left stranded by Access-A-Ride, and service providers blame customers, not themselves.  

• In 2015, self-reported data from Access-A-Ride bus and car providers showed passengers were stranded 31,492 times, nearly double the rate that was allowed by their contracts before penalties and corrective action would be taken.

• One contractor, GVC II, reported 10,100 no-shows, which is when a customer doesn’t show up or a van or car does not show up or arrives at least 45 minutes late and the customer is not provided service. The company blamed customers for more than 7,500 of those instances. However, an MTA review found that the contractor, not the customer, was likely responsible for 40 percent of those no-shows. This is especially problematic as this negative information can be used by the MTA to suspend customers from the program.

• All told, the MTA assessed only $12,000 in penalties in 2015, 0.004 percent of all payments made to bus and car providers in that year, for inaccurately reporting when vehicles were no-shows.

Service providers may have manipulated over 2.5 million electronically recorded pick-up and drop off times to improve their on-time performance data.

When auditors examined all pick-up and drop-off times, a troubling pattern emerged. Of 9.3 million pick-ups or drop-offs, 2.5 million had been “reconciled” by service providers so that it appeared buses and cars arrived earlier than GPS data showed.

By manually comparing electronically recorded times to providers’ hand-written notes and “reconciling” those two times, the vestige of an era when GPS data did not exist, providers can avoid incurring penalties and improve their perceived performance.  

A sample of rides found that nearly three-quarters of the time, Access-A-Ride bus and car providers misrepresented or had no data to confirm when customers were picked up.

Although Access-A-Ride buses and cars were required to have GPS systems installed, the MTA routinely failed to use this technology to determine if buses and cars actually showed up for appointed rides and provided timely service. Instead, the MTA has relied on contractors’ self-reported trip and vehicle data, which is often inaccurate and not supported by GPS data.

• In a sample of 150 trips by three providers, auditors found that 73 percent of the time, there was incorrect self-reported data or no data at all to prove when passengers were actually picked up.

Contracted Car Services

Because the MTA lacks GPS data, it may have paid nearly $130,000 for car service trips that never occurred.

• The MTA didn’t enforce contract requirements that car services install GPS. As a result, it couldn’t ensure that taxpayers paid only for trips that were performed. 

• The MTA determines how much to pay car service providers by reviewing the total number of trips that were assigned, and deducting cancellations and the number of times a taxi was used to replace a trip that didn’t show up. 

• In 2015, customers logged 4,771 complaints about no-show vehicles , but the MTA deducted only 586 reimbursements for taxi rides taken when vehicles didn’t show up. Because billing is done essentially on the honor system, taxpayers may have paid for 4,185 trips, worth nearly $130,000, which never occurred. 

Customer complaints for one car service were up to six times higher than the contract allows and half of all rides from one company weren’t on time, yet the MTA did not take meaningful corrective action. 

• While contracts stated that there should be no more than 1.5 customer complaints per every 1,000 trips performed, one provider, Corporate Transit Group, logged negative customer service complaints up to six times the allowed rate. 

• In addition, a review of performance data for another provider, Medical Transportation Management, showed that less than 50 percent of all rides in 2015 were on time. 

• MTA acknowledged that both contractors were poor performers, but never held either company accountable or found alternative service providers. Both companies’ contracts are set to expire this year.

The MTA fails to offer customers the option of taking taxis, which are significantly less expensive on a per-ride basis, imposing a significant cost on taxpayers.

• Ambulatory Access-A-Ride passengers are allowed to take taxis instead of buses or cars if traveling within the same borough or traveling to or from a City airport. However, in 50 sampled reservations in which a taxi option should have been offered, reservation agents gave riders that option just seven times. Taking taxis could save taxpayers significant money, as the average cost of a bus or car trip is $67, while the average cost of a car service ride is $31 and the average cost of a taxi is $18.

“There’s a reason Access-A-Ride passengers call the service ‘Stress-A-Ride.’ Providers left people stranded, manipulated records, may have been paid for rides that didn’t happen, weren’t on time and racked up customer complaints yet the MTA willfully ignored this and essentially did nothing. When Access-A-Ride leaves customers in the lurch, they may miss medical appointments or risk being late to work. It’s time for the MTA to do its job so that all New Yorkers who depend on Access-A-Ride can access transit services that are safe, timely and reliable,” Stringer said.

The Comptroller’s audit made 21 recommendations, including that the MTA:

Ensure that all buses and cars are equipped with GPS technology, and that the GPS is properly functioning and activated when the vehicles are in service.

• Direct providers to stop recording “reconciled” times, except when the GPS system fails to operate properly.

• Use GPS data to evaluate performance, including if buses and cars meet minimum no-show and on time performance standards.

• Take corrective action against service providers that inaccurately report trip and vehicle data, including higher financial penalties, reductions in trip referrals, and termination of contracts.

• Consider seeking new car service providers or alternatives to the existing service model.

“In a City that prides itself on its diversity, tolerance and accessibility, the Access-A-Ride program is an affront to all New Yorkers. The MTA needs to respect the civil rights of all riders, bring this program into the 21st century and get serious about actually fixing what’s wrong. Everyone deserves a fair shot to make it here, but when this program fails to work for everyone, we can’t fulfill that promise,” Stringer said.

To read the audit, please click here.

Assemblyman Mark Gjonaj - Decade Masquerade Fundraiser

On behalf of New Beginning Animal Rescue we invite you to the

Decade Masquerade Fundraiser  Saturday, June 4th, 2016 7pm-11pm Throggs Neck Memorial Post  1456 Shore Drive  Bronx, New York 10465 -20$ Admission-

Come in costumes from your favorite era - 50s, 60s, 70s, 80s or 90s!   - Music by DJ Vito- Back in Time Entertainment !  -Buffet Dinner - Door Prizes, Raffles and 50/50 Drawing! -Separate Cash Bar!

100% of proceeds go directly to New Beginning Animal Rescue! For more info: Click here