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News From Attorney General Eric T. Schneiderman

Taking Down SAFE Act Violators

Attorney General Schneiderman and NYSP Superintendent George Beach charged three men on multiple weapons counts for illegally selling over 100 assault rifles. Each assault weapon is banned in New York under the 2013 Secure Ammunition and Firearms Enforcement Act (SAFE Act). These charges are the result of a two-year investigation into the illegal sales of assault weapons in Western New York, and they are the largest enforcement action against violations of SAFE Act-related provisions. 

Protecting Workers’ Rights in the Job Market

The Attorney General continued his efforts to enforce violations of non-compete agreements, which are not permitted by New York law. Jimmy John’s Gourmet Sandwiches agreed to stop including non-compete agreements in their hiring packets as well as inform its franchises that non-compete agreements are unlawful and should be voided.

Combating Housing Discrimination

The Attorney General reached settlements with two real estate brokerage firms for unlawful housing discrimination. Through undercover testing, his office found that both firms were denying housing to prospective tenants with Living in Communities III rental assistance vouchers. Living in Communities (LINC) III, are government vouchers intended to assist homeless victims of domestic violence in securing safe housing. 

Disappointing Inaction on Immigration

The The Attorney General issued a statement following the U.S. Supreme Court’s decision on President Obama’s executive action on immigration:

"I am extremely disappointed that the Supreme Court declined to overrule the lower court's misguided preliminary injunction. President Obama’s executive actions, if allowed to go forward, would give millions of undocumented immigrants a measure of security, protecting them from deportation and allowing them to work legally and contribute fully to the country they call home.  Instead, they are now once again left in limbo. It’s important to recognize that President Obama was compelled to act in response to Congress’s repeated and inexcusable failure to meaningfully reform our nation’s immigration system. Instead of passing comprehensive immigration reform, many members of Congress continue fanning anti-immigrant flames, and in the process, fail immigrant communities and the nation at large. It is absolutely imperative that Congress finally end the gridlock and do its job by passing comprehensive immigration reform legislation as soon as possible. I urge all members of our nation’s immigrant community to stay strong. Today’s decision may be a setback, but we will continue fighting until all immigrants have the legal rights and economic opportunities they deserve.”

Have a question, comment, or complaint? Click here. You can also learn more about the various initiatives of the Attorney General's office by visiting our website atag.ny.gov. You can also call our General Hotline: 800-771-7755. 

4th Annual Klein/Gjonaj International Music Festival

  The 4th Annual International State Senator Jeff Klein/Assemblyman Mark Gjonaj Music Festival was held yesterday in Loreto Park on Morris Park Avenue. As you will see in the photos below the music festival was a huge success as hundreds of people were in attendance.

Above - Just some of the performers pose with State Senator Jeff Klein and Assemblyman Mark Gjonaj.

Below - Some of the young performers.

Above - Bollywood and Salsa was on the stage as Bharati S. Kemraj and Manuel Diana perform.

Below - That is a photo of Senator Klein smiling as everyone enjoyed the Belly Dancing on stage.

Above and Below - Of course Senator Klein and Assemblyman Gjonaj spoke, but they were brief letting the hundreds of people enjoy more of their International Music Festival.

Congressman Charlie Rangel Good-Bye/Birthday Celebration at Tracy Towers

  As the sun set at Tracy Towers there was a Good-bye/Birthday celebration for retiring Congressman Charlie Rangel. Assemblyman Keith Wright (who Congressman Rangel has endorsed), Deputy Bronx BP Aurelia Greene, Assemblyman Mark Gjonaj, Councilwoman Vanessa Gibson, Jean Hill President of the Tracy Towers Tenant Association, and over 200 others which included several District Leaders from the congressional district were on hand to help Congressman Rangel celebrate his retirement and a belated birthday.

Above - Several elected and Democratic Party officials join with Congressman Rangel and District Leader Marcos Sierra who each hold one of the two cakes for the party.

Below - Tracy Towers Tenant Association President Jean Hill and Ms. Dolores Edwards received Volunteer Service Awards from Congressman Rangel and Assemblyman Keith Wright.

Above - Bronx Deputy BP Aurelia Greene with Congressman Rangel.

Below - Young Bronx Democrats Councilwoman with 83rd A.D. District Leader (and candidate for the 36th State Senate) Jamal Bailey, and 78th A.D. State Committeeman Kenny Agosto.

Above - Assemblyman Keith Wright who is the choice of Congressman rangel for the13th Congressional District greets some of the voters at the party.

Below - Even though his Assemblyman Jose Rivera has endorsed another candidate in the 13th Congressional race, 78th A.D. State Committeeman Kenny Agosto points to his choice to replace Charlie Rangel.

Longtime Harlem Elected Official to Endorse Espaillat for Congress

   A long time Harlem elected official will announce his support for State Senator Adriano Espaillat’s campaign for Congress before the launch of Espaillat’s GOTV Caravan. Espaillat will be joined by other elected officials, endorsers, union members, community leaders and supporters from across the District to caravan from 135th St. and Broadway to the Bronx.

That is how it was billed, and one might have thought that the long time Harlem elected official to announce his support for Espaillat was Charlie Rangel. This however is just who that long time Harlem leader was.

Senator Bill Perkins announced his support for Senator Adriano Espaillat in the race for Congress in New York’s 13th District. Perkins’ endorsement marks a significant development in the race and his support now means each state senator whose district overlaps with New York-13 has endorsed Senator Espaillat’s campaign. Senator Perkins, who hails from East Harlem represents Harlem, parts of Washington Heights and the Upper West Side.

  In his endorsement announcement, Perkins praised Espaillat, as someone tenants can always trust no matter the political price.

  State Senator Bill Perkins was the first candidate to drop out of the 13th Congressional race, and has joined others in the State Senate to endorse candidate Espaillat. 

  

  Current Congressman Charlie Rangel has endorsed Assemblyman Keith Wright for the 13th Congressional seat in the primary election to be held on Tuesday June 28th.

Espaillat Calls on DOJ to Provide Federal Election Monitors to Oversee June 28th Primary

 

Letter Calls for Action Following Pattern of BOE Voter Disenfranchisement

State Senator Adriano Espaillat called on the U.S. Department of Justice to provide federal election monitors in the congressional primary on June 28.

The letter addressed to Attorney General Loretta Lynch follows a similar call made last week by Rep. Nydia M. Velázquez (D-NY) requesting the U.S. Department of Justice provide federal election monitors following the purge of tens of thousands of Brooklyn voters in New York’s April presidential primary.

In the letter today he notes “The New York City Board of Elections has repeatedly failed to execute its primary responsibility to ensure all duly qualified voters can fully participate in our democracy.” Read the full letter below.

 

Full letter:

 

June 24, 2016

The Honorable Loretta E. Lynch

Attorney General of the United States

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

Dear Attorney General Lynch,  

I am writing following rampant voter irregularities in the April primary and request that you assign federal election monitors to oversee the congressional primary on Tuesday, June 28, in New York’s 13^th District, for which I am a candidate.  

For almost 50 years since the passage of the 1965 Voting Rights Act and its periodic renewals, the federal government has ensured equity at the ballot box throughout our nation. Until it was ruled unconstitutional by the Supreme Court in 2013, Section 4 of the voting rights act required review by the Justice Department before election procedures, polling sites, and district boundaries could be changed. These protections extended to several states and municipalities, including New York’s 13^th Congressional District in the Bronx and Manhattan.

As a resident of this District, my neighbors and I need the return of these protections.

Just ask the voters in the 79^th election district in northern Manhattan’s 71^st Assembly District, who have voted in four different poll sites in as many elections, or the 69^th ED in the 72^nd AD, where voters bounced around between two poll sites over several election cycles. Or ask the 120,000 overwhelmingly Latino voters purged from Brooklyn’s voter rolls—an egregious example of voter disenfranchisement. The New York City Board of Elections has repeatedly failed to execute its primary responsibility to ensure all duly qualified voters can fully participate in our democracy. With the BOE undertaking no significant reforms since the voter purge in April’s presidential primary, voters across the 13th District and beyond, deserve federal oversight.

I am not alone in my concern. Congresswoman Nydia Velasquez has already voiced similar concerns about voter disenfranchisement in New York’s 7^th District. As a candidate in a congressional district where 55% of residents are Latino, this disenfranchisement is especially worrisome. 

These pervasive challenges make it difficult to have confidence that voters will not face barriers at the ballot box on Election Day. The most basic tenet of democracy is the right to vote, and I believe it is essential for the Department of Justice to assign federal election monitors in the 13^th congressional district.

Sincerely, 

Adriano Espaillat

EDITOR'S NOTE:

This is a noble gesture by State Senator Espaillat, but why was it not done in part last week when Rep. VelazQuez sent in her request. 

This only appears to be a gimmick to try to get more votes.

New York City Pharmacy Owner Arrested For $8.5 Million Fraud As Part Of Largest National Medicare Fraud Takedown In History

  Preet Bharara, the United States Attorney for the Southern District of New York, Diego Rodriguez, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Scott J. Lampert, the Special Agent-in-Charge of the New York Office of the Department of Health and Human Services, announced today that SAJID JAVED was charged with participating in a health care fraud scheme that used nine pharmacies in Brooklyn and Queens, New York, through which JAVED submitted more than $8.5 million in fraudulent claims to Medicaid and Medicare.  JAVED’s arrest is part of an unprecedented nationwide sweep led by the Medicare Fraud Strike Force, resulting in criminal and civil charges against 301 individuals, including 61 doctors, nurses, or other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $900 million in false billings.  Twenty-three state Medicaid Fraud Control Units also participated in today’s arrests.  In addition, the HHS Centers for Medicare & Medicaid Services (“CMS”) also suspended a number of providers using its suspension authority provided in the Affordable Care Act.  This coordinated takedown is the largest in the history of the Medicare Fraud Strike Force, both in terms of the number of defendants charged and loss amount. 

JAVED was arrested earlier today and is expected to be presented in Manhattan federal court later this afternoon.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Sajid Javed induced others to forego their prescription medications for a kickback, and then fraudulently billed Medicare and Medicaid more than $8 million for the drugs that were never actually dispensed.  This alleged scheme not only put patients at risk, it also contributed to the multibillion-dollar pillaging of federally funded public health care subsidies.”

FBI Assistant Director-in-Charge Diego Rodriguez said: “These alleged criminals arrested around the country today and here in New York City are stealing money meant to help people seeking medical assistance.  It’s not a visible theft in public view, but the victims of the crime suffer greatly when they can’t get the assistance they need.  We are asking anyone who sees this sort of crime and fraud taking place to be vigilant, and report it to us at 1-800-CALL-FBI.”

HHS-OIG Special Agent in Charge Scott J. Lampert said: “Prescription drug scams, such as the one alleged in this case, work to undermine our nation's health care system.  Today’s arrests coordinated with our law enforcement partners serve as a stern warning to those who attempt to plunder government health programs meant to care for our most vulnerable citizens.”

As alleged in the Complaint and in other documents filed in Manhattan federal court[1]:

While owning and operating nine different pharmacies located in Brooklyn and Queens, SAJID JAVED conducted a multimillion-dollar scheme to defraud Medicare and Medicaid programs by seeking reimbursement for prescription drugs that were not distributed to customers.  Specifically, from January 2013 through December 2014, JAVED obtained more than $8.5 million in reimbursements from Medicare and Medicaid for prescription drugs that his pharmacies never actually dispensed.  JAVED defrauded Medicare and Medicaid into providing him with these reimbursements by obtaining prescriptions from other individuals, who were willing to forego delivery of the medications in exchange for a share of the reimbursed proceeds, in the form of kickbacks.  JAVED offered to pay, and did actually pay, kickbacks in furtherance of this scheme.

Including today’s enforcement actions, nearly 1,200 individuals have been charged in national takedown operations, which have involved more than $3.4 billion in fraudulent billings.  Today’s announcement marks the second time that districts outside Strike Force locations participated in a national takedown, and they accounted for 82 defendants charged in this takedown.

The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (“HEAT”), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  The Medicare Fraud Strike Force operates in nine locations and since its inception in March 2007 has charged over 2,900 defendants who collectively have falsely billed the Medicare program for over $8.9 billion. 

JAVED, 45, of Fresh Meadows, Queens, is charged with one count of health care fraud, which carries a maximum sentence of 10 years in prison, and one count of illegal remuneration in connection with a federal health care program, which carries a maximum sentence of five years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Bharara praised the investigative work of the FBI and HHS-OIG.

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorneys Christopher DiMase and Sarah Paul are in charge of the prosecution.

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

Engel On House Adjournment Following Democratic Sit-In

   Congressman Eliot Engel, a senior member of the House Energy and Commerce Committee, issued the following statement after the House adjourned till July:

"Standing alongside my colleagues earlier today, I said that Republicans had tossed out the old rules about how the House functions. We no longer debate legislation and vote on it on the House floor, because the Republican Majority has decided that they are too afraid. Too afraid to stop terrorists from buying guns, too afraid to allow background checks, too afraid of what research about gun violence will show. Let's face it, they are too afraid of the NRA. So instead of working to fix these problems by voting on a solution that 90 percent of Americans agree on, the Republican Majority has decided that the House won't do any more business this month. They have decided that they would rather abdicate their responsibilities and skip town than work to address the issue of gun violence, which is killing more and more Americans every day. Their behavior is shameful, but we will not be discouraged in the face of their cowardice.    

"Democrats will stay on the floor and continue to fight, even if Republicans walk away. Because this is too important for any more moments of silence.

"As we've said all day: no bill, no break."