MAYOR BILL de BLASIO AND FIRE COMMISSIONER DANIEL A. NIGRO ANNOUNCE POSTHUMOUS PROMOTION OF BATTALION CHIEF MICHAEL J. FAHY TO DEPUTY CHIEF

   Mayor Bill de Blasio and Fire Commissioner Daniel A. Nigro today announced the posthumous promotion of Battalion Chief Michael J. Fahy – who was killed Tuesday in an explosion in the Bronx – to the rank of Deputy Chief – the highest civil service promotional achievement in the FDNY.

Chief Fahy, a 17-year veteran of the Department, passed the exam for Deputy Chief in 2013 and is on the list for promotion to that title.

“Chief Michael Fahy was a very talented member of the FDNY who died protecting and serving our great city,” said Mayor de Blasio. “His career was remarkable both for his selfless devotion to duty and his meteoric ascension in rank, which continues today with this deserved promotion to Deputy Chief in the FDNY.”

“Chief Fahy achieved the rank of Chief Officer faster than any active member of the Department,” said Commissioner Nigro. “He was a rising star who accomplished so much during his 17 years with the FDNY, and is deserving of this promotion for his selfless dedication and service.”

Chief Fahy was appointed as a firefighter in August of 1999 and was assigned to Engine Company 35 in Harlem where he worked for five years before transferring to Ladder 14, located in the same firehouse. In 2004, he was promoted to Lieutenant and was assigned to Battalion 3 in the Bronx, before being assigned to Engine 83 in the South Bronx. Upon his promotion to Captain in 2007, he was transferred to Division 1 in lower Manhattan, where he worked in multiple fire companies. After being promoted to Battalion Chief, he first worked in Battalion 20 in the Bronx before transferring to Battalion 19.

Chief Fahy is the 1,145^th Firefighter to die in the line of duty since the FDNY’s founding in 1865. The last member of the Department to die on duty was Lieutenant Gordan M. Ambelas of Ladder 119 on July 5, 2014.

7,000 FEWER NEW YORKERS IN SHELTER THAN PROJECTED AS A RESULT OF DE BLASIO ADMINISTRATION HOMELESS POLICIES

  

Without rental assistance & preventive measures, number of people in shelter would be 67,000 instead of current nearly 60,000

City aiming for borough-based approach to shelter placement

The de Blasio Administration has implemented an unprecedented array of programs designed to prevent homelessness and move adults and children out of shelter, and 7,000 New Yorkers who would have been sheltered without these programs have instead avoided the shelter system. The number of people in Department of Homeless Services shelters is now at nearly 60,000 rather than the 67,000 expected without those rental assistance and other preventive measures.

“We said five months ago when we announced the results of the 90-day review of homeless services that it would take time to reverse 20 years of policies and that the number of people in shelter might continue to grow. Our current programs have substantially slowed the rate of growth in homelessness. And we will keep working to strengthen our efforts to prevent homelessness,” said Steven Banks, Commissioner of the Department of Social Services, which manages the Department of Homeless Services.

Homelessness has been a growing problem in New York City for decades, increasing by 115% during the last two decades. The Department of Homeless Services shelter census was 23,868 in January 1994 and 31,009 in January 2002.

The fastest growth followed the end of the Advantage rental assistance program in 2011. After that, the census grew more than 5,000 a year from 37,572 in March 2011 to 51,470 in January 2014 and 54,835 in August 2014, when the de Blasio administration was able to implement its new rental assistance, move-out and prevention programs.

Had the new measures not been implemented, the census would have grown to 67,000 by October 2016 and to 71,000 in June 2017. Instead, the census is now at nearly 60,000, 7,000 less than projected, and should continue to be well below the projected 71,000 in June 2017.

The move out and prevention efforts include:

• New rental assistance and other move out programs that helped 40,000 people leave shelter or avoid entry through the end of FY 2016.
• A tenfold increase in legal services for tenants from $6.4 million to $62 million.
• A 24% reduction in evictions by marshals in 2015 compared to 2013.
• Emergency rent help to nearly 53,000 households at a cost of $180.7 million in FY 15, an average cost of $3,400 per family, much less than $41,000 annual cost for a family in shelter.

The fundamental causes of homelessness continue to have a devastating impact on too many New York City households. Rents continue to rise much faster than incomes. Tens of thousands of households are one disaster, one missed paycheck away from losing their homes. Domestic violence continues to break up families and drive survivors into shelter. For example:

• Fifty-six percent of New York City renters pay more than a third of their income on rent, and 3 out of every 10 households pay more than 50% of their income on housing expenses.
• About 500,000 households, 15 percent, fell behind on their rent or mortgage during 2015, including one in four households at or below 200 percent of the Federal Poverty Line, which is about $40,000 for a family of three.

At the same time that it works to prevent homelessness, the City is also aiming to phase out the use of cluster shelters and commercial hotels. Cluster shelters are individual apartments in apartment buildings that the City has rented to house homeless households in a program that began 16 years ago. Clusters are an expensive form of shelter, many are not in good condition, and by renting them the City takes them off the rental market. For that reason, the City has made exiting clusters a priority, committing to stop using them by December 2018.

 

As a stop-gap, since New York City has a legal obligation to provide shelter to individuals and families with no place to live, the City has had to increase its use of commercial hotels as temporary shelter, which is also expensive. There are currently 11,400 adults and children in clusters and about 6,000 in commercial hotels.

Homeless families and individuals are best served when they can stay in the borough where they were living, near their jobs, near their children’s school and near their extended family and other social supports. Because of lack of capacity, right now the City has very limited ability to keep homeless households in their home borough. For that reason, the City must open more shelters around the City. 

“The City is opening new shelters across the City to ensure that families and individuals can maintain the community connections that will help them leave shelter as soon as possible. Homelessness is a citywide problem that requires a citywide solution. It’s time we recognize that homeless New Yorkers are a part of all our communities. They are our neighbors. They have been living among us and have fallen on hard times,” Commissioner Banks said.

Families with children comprise 70% of people in City homeless shelters, including more than 23,000 children. Many of these children are the youngest New Yorkers - under five years old.

EDITOR'S NOTE:

Some of the new shelters are in motels which have had hourly rates, which is no place for children to be.

New York Doctor Sentenced To More Than 13 Years In Prison For Unlawfully Dispensing Nearly 1 Million Oxycodone Pills

The New York Doctor Ordered to Forfeit More Than $2 Million In Fees Collected For “Doctor Visits”

Preet Bharara, the United States Attorney for the Southern District of New York, announced that MOSHE MIRILASHVILI, a Board-certified, state-licensed doctor, was sentenced today to 160 months in prison for conspiring to distribute oxycodone and unlawful distribution of oxycodone.  MIRILASHVILI was also ordered to forfeit $2,046,600.00 in cash fees collected from “patients” during the period of the conspiracy, including more than $1.75 million in cash recovered from MIRILASHVILI’s home at the time of his arrest.  MIRLASHVILI was convicted in Manhattan federal court on March 17, 2016, following a three-week trial before United States District Judge Colleen McMahon, who imposed sentence.

Manhattan U.S. Attorney Preet Bharara said: “Moshe Mirilashvili was essentially a drug dealer masquerading as a doctor.  Through his sham medical practice in Manhattan where patients and dealers would line up, Mirilashvili wrote more than 10,000 medically unnecessary prescriptions totaling close to a million oxycodone pills.  As today’s sentence makes clear, those who abuse their medical licenses to fuel the opioid epidemic that is devastating so many of our communities will be prosecuted and severely punished.”

According to the Indictment, evidence admitted at trial, and statements made at court proceedings and in court filings:

Oxycodone is a highly addictive, prescription-strength narcotic used to treat severe and chronic pain conditions.  Every year, more than 13 million Americans abuse oxycodone, with the misuse of prescription painkillers such as oxycodone, leading to as many as 500,000 annual emergency room visits.  Oxycodone prescriptions have enormous cash value to street-level drug dealers, who can fill the prescriptions at most pharmacies and resell the pills at vastly inflated rates.  Indeed, a single prescription for 90 30-milligram oxycodone pills has an average resale value in New York City of $2,700 or more.

From October 2012 until December 2014, MIRILASHVILI, a board-certified, state-licensed doctor, wrote thousands of medically unnecessary prescriptions for large quantities of oxycodone in exchange for cash payments.  MIRILASHVILI did so out of a sham medical office located on West 162nd Street in Manhattan where MIRILASHVILI typically charged $200 to $300 in cash for “patient visits” that typically involved little, if any, actual examination and almost always resulted in the issuance of a prescription for a large quantity of oxycodone, typically 90 30-milligram tablets.

Virtually none of these “patients” had any medical need for oxycodone, nor any legitimate medical records documenting an ailment for which oxycodone would be prescribed. Instead, most of these individuals were members of “crews” – that is, they were recruited and paid by drug traffickers (the “Crew Chiefs”), to pose as “patients” in order to receive medically unnecessary prescriptions.  The Crew Chiefs then obtained these prescriptions and arranged for them to be filled at various pharmacies so that the oxycodone pills thereby obtained could be resold on the streets of New York. 

As established at trial, MIRILASHVILI worked directly with some of these Crew Chiefs who paid MIRILASHVILI’s cash fees in return for the oxycodone prescriptions MIRILASHVILI guaranteed for their “patients.”  As part of the scheme, MIRILASHVILI frequently accepted and even created fraudulent and fake documents – such as MRI and urinalysis reports – ostensibly documenting the medical need for the oxycodone prescriptions MIRILASHVILI was writing.  For example, among documents recovered from MIRILASHVILI’s home at the time of his arrest were lab reports in which the name of the “patient” had been cut and pasted onto the document, as well as similar reports in which the name of the patient or other relevant information had been whited out.  More than $1.75 million in cash earned from writing these medically unnecessary prescriptions was also recovered from the defendant’s home at the time of his arrest.

In total, between October 2012 and December 2014, MIRILASHVILI wrote more than 10,000 medically unnecessary prescriptions for oxycodone in return for cash payments, comprising nearly a million oxycodone tablets.  MIRILASHIVILI collected more than $2 million in cash fees for “doctor visits” during this time period, all of which the defendant is being required to forfeit to the United States.   

Ten other participants in the conspiracy have previously pled guilty, including the drug traffickers who oversaw crews of “patients” sent into the clinics to obtain medically unnecessary oxycodone prescriptions, and clinic staff, who profited by selling access to MIRILASHVILI and the fraudulent prescriptions he wrote.

In addition to the prison sentence and forfeiture, Judge McMahon sentenced MIRILASHVILI, 68, of Great Neck, New York, to 3 years of supervised release and ordered MIRILASHVILI to pay a $300 special assessment.

U.S. Attorney Preet Bharara thanked the Drug Enforcement Administration’s Tactical Diversion Squad (which comprises agents and officers from the DEA, the New York City Police Department, the New York State Police, the Town of Orangetown Police Department, the Rockland County Drug Task Force, and the Westchester County Police Department) for their work in the two-year investigation.

Six Individuals Charged With Participating In Large-Scale Government Benefits Fraud

   Preet Bharara, the United States Attorney for the Southern District of New York, and Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), announced today the filing of criminal charges against six defendants for participating in long-running schemes to hide substantial assets and income obtained from significant business and real estate interests in order to attain government benefits designed for low-income individuals. In total, the defendants allegedly obtained more than $1.3 million of government benefits.  SHLOMO KUBITSHUK, RACHEL KUBITSHUK, NAFTALI ENGLANDER, and HINDA ENGLANDER were charged in one complaint, and LEIB TEITELBAUM and DEVORAH TEITELBAUM were charged in a separate complaint.  The defendants were arrested in Brooklyn this morning and are scheduled to appear in Manhattan federal court later today.    

U.S. Attorney Preet Bharara said:  “For over a decade, this ring of six defendants allegedly lied to city and federal officials about their financial status in order to obtain benefits that were meant for the needy.  The alleged schemes that netted them over a million dollars has been put to an end and the defendants now face federal fraud charges.”

Commissioner Mark G. Peters said:  “These defendants were millionaires stealing from the poor, as charged.  The defendants fraudulently concealed their wealth to obtain benefits, including Section 8 vouchers intended to help low income New Yorkers find housing, according to the allegations.  At a time when affordable housing is scarce, and there is a waiting list for Section 8 vouchers, it is reprehensible that some New Yorkers went without so that these defendants could have still more.”

According to the allegations contained in the Complaints[1]:

From 2001 to 2016, SHLOMO KUBITSHUK, RACHEL KUBITSHUK, NAFTALI ENGLANDER, and HINDA ENGLANDER conspired and engaged in a scheme to obtain government benefits designed for low-income residents, including Section 8 housing subsidies, Medicaid health insurance, and Supplemental Nutrition Assistance Program (“SNAP”) food stamps, totaling more than $980,000.  In connection with applications for these benefits, they failed to disclose substantial income and financial assets, including a portfolio of multimillion-dollar residential real estate properties.  The defendants also perpetrated the fraud by providing false income affidavits for each other.

From 2007 to 2016, LEIB TEITELBAUM and DEVORAH TEITELBAUM also conspired and engaged in a scheme to obtain government benefits designed for low-income residents, including Section 8 housing subsidies, Medicaid health insurance, and SNAP food stamps, totaling more than $330,000.  In connection with applications for these benefits, they failed to disclose substantial income and financial assets, including a jewelry business and an apartment they owned.

SHLOMO KUBITSHUK, 38, RACHEL KUBITSHUK, 39, both from Brooklyn, New York, are each charged with one count of conspiracy to steal government funds, which carries a maximum sentence of five years in prison, and two counts of theft of government funds, each carrying a maximum sentence of 10 years in prison.  NAFTALI ENGLANDER, 40, HINDA ENGLANDER, 41, LEIB TEITELBAUM, 39, and DEVORAH TEITELBAUM, 36, all from Brooklyn, New York, are each charged with one count of conspiracy to steal government funds, which carries a maximum penalty of five years in prison, and three counts of theft of government funds, each carrying a maximum sentence of 10 years in prison.

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

U.S. Attorney Bharara praised the work of DOI and the Criminal Investigators of the United States Attorney’s Office for the Southern District of New York. 

The case is being prosecuted by the Office’s General Crimes Unit.  Assistant U.S. Attorneys Eli J. Mark and Thane Rehn are in charge of the prosecution.

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

Bronx Man Pleads Guilty To Sexual Exploitation Of A Child

  Preet Bharara, the United States Attorney for the Southern District of New York, announced that KELVIN ACOSTA pled guilty today to one count of sexual exploitation of a child.  ACOSTA, who was arrested on March 29, 2016, entered his plea before United States District Judge Paul A. Crotty, and was remanded into federal custody.

U.S. Attorney Preet Bharara said:  “Kelvin Acosta preyed on vulnerable teenagers in a cruel way, contacting them on Facebook, hacking into their accounts and threatening to publish sensitive images and videos of them unless they created and sent to him child pornography.  He has now pled guilty and will face a substantial term of imprisonment.  Together with our partners at the FBI and the NYPD, we are committed to protecting children from those, like Acosta, who seek to exploit, extort, or entice them.”

According to the Complaint, Indictment, and other documents filed in the case, as well as statements made during the plea proceedings:

From December 2013 through November 2015, KELVIN ACOSTA committed “sextortion” by hacking into email accounts belonging to teenage girls and extorting them into producing child pornography for him.  ACOSTA did so by messaging the girls on Facebook and tricking them into revealing personal information that he then exploited to hack their email accounts.  ACOSTA then told his minor victims that he had hacked their email accounts and found compromising material (sex videos and/or nude photographs), which he threatened to send their families, friends, and schools – unless they created child pornography for him via video chat and/or paid him money. 

ACOSTA, 27, of the Bronx, New York, pled guilty to one count of sexual exploitation of a child, which carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as the defendant’s sentence will be determined by the judge.  ACOSTA is scheduled to be sentenced by Judge Crotty on January 10, 2017, at 11 a.m.

Any individuals who believe they have information concerning exploitation of children may contact the Federal Bureau of Investigation at 1-212-384-1000 or https://tips.fbi.gov/.

Mr. Bharara praised the investigative work of the FBI and the NYPD, and thanked the Brooklyn District Attorney’s Office for its valuable cooperation in this matter.

MAYOR DE BLASIO HOLDS PUBLIC HEARINGS FOR AND SIGNS INTROS. 923-A, 976-A, 981-B, 1005-A, 1019-A, 1020-A, 405-A, 695-A, 795-A, 997-A, 948-A, 961-A AND 968-A

   First there’s Intro 923-A, which requires the small business department – Small Business Services – to report annually on M/WBE goals met by beneficiaries of EDC loans, grants, tax benefits, leases, or sales. Sponsor is Councilmember Laurie Cumbo.

Next, Intro 976-A requires SBS to train agency chief contracting officers and agency M/WBE officers on how best to meet M/WBE goals. Sponsor is Public Advocate Letitia James.

Intro 981-B establishes an advisory board that would work to expand procurement opportunities for M/WBEs. The sponsor is Councilmember Laurie Cumbo.

Intro 1005-A requires certain agencies to publish online their plans to increase M/WBE participation in City contracts. The sponsor is Councilmember Elizabeth Crowley.

Intro 1019-A requires the City to report on each agency’s contract, showing the number and dollar value awarded to each type of M/WBE and non-M/WBE. This sponsor is Councilmember Helen Rosenthal.

Intro 1020-A requires detailed explanations of decisions made by the City’s Chief Procurement Officer regarding whether to divide big contracts into smaller contracts. The sponsor is Councilmember Helen Rosenthal.

Together, these bills will bring greater transparency and accountability to our City’s M/WBE contracting.

Three more bills that make New York City even more bike friendly. Intro 405-A requires office buildings to allow foldable bikes in passenger elevators. The sponsor is Councilmember Helen Rosenthal. Intro 795-A requires office buildings to allow bikes in passenger elevators when no freight elevator is available. The sponsor is Councilmember Jumaane Williams. Intro 695-A requires residential buildings to allow bikes in passenger elevators. The sponsor is Councilmember Ydanis Rodriguez.

Now, we have a package of legislation that makes public safety statistics even more transparent. Intro 869-A requires the NYPD to report quarterly on all sex offenses broken down by specific felony or misdemeanor. The sponsor is Councilmember Laurie Cumbo. Intro 948-A requires the NYPD to report monthly, quarterly, semi-annually, and annually on domestic violence and quarterly and annually on hate crimes. The sponsor is Speaker Melissa Mark-Viverito. Intro 961-A requires the NYPD to report quarterly and annually on intimate partner domestic violence. The sponsor is Councilmember Antonio Reynoso. Intro 968-A requires the NYPD to report semi-annually and annually on domestic violence in public housing and quarterly and annually on the percent of reported felony crimes citywide related to domestic violence. The sponsor is Councilmember Ritchie Torres. 

Finally we have a bill that updates pedestrian safety laws to better reflect how New Yorkers actually cross the street. Intro 997-A clarifies that pedestrians crossing the street have the right of way when a crossing signal displays a walking person, or a flashing hand, or a countdown clock.

SENATOR KLEIN ‘BOOSTS’ SCHOOLS WITH $830K ALLOCATION

Klein celebrates back-to-school with administrators, principals & parent coordinators at Project BOOST dinner

State Senator Jeff Klein joined Bronx schools administrators, principals, and parent coordinators to kick-off the new school year and announce $830,000 in funds for Project BOOST (Building Options and Opportunities for Students).

As a result of Senator Klein’s funds, students in BOOST will receive academic and cultural enrichment experiences, test preparation services, academic counseling, and community service opportunities.  BOOST will help ensure that both the teachers and students receive the resources and support needed to enhance their learning environment. Schools choose the way they use BOOST funding. In schools that lack arts programs, students enjoy performing arts programs, cultural trips to Broadway shows, museums, and other artistic institutions or become proficient in musical instruments with the help of philharmonic teachers.   

Above - Carl Vinci Director of Student Services, Project BOOST for the Center fer Educational Innovation, welcomes the educators in attendance. 

Below - Senator Klein congratulates the educators in the room for the fine job they do under current education problems. He adds that Project BOOST is a way to help every school.

Above and Below - Senator Klein and CEI Director of Student Services, Project BOOST listen to two different school personal tell the different ways that their Project BOOST monies were used to aid student development in their schools.

Editors Note:

It is great that Senator Klein is providing funds for schools to hire outside vendors to help them do work that the District Offices once did before Mayoral Control. Mayoral Control has led to no accountability of the public school system where valued elected officials have to provide additional funds to schools for items that the public school system once did, and should do. Mayoral Control of the New York City Public Schools expires on June 30 2017, and let's hope an alternative to Mayoral Control is found, or as a last resort the state legislature ends Mayoral Control (which has been a failure) once and for all in New York City.

ASSEMBLYMAN DINOWITZ DEMANDS INCREASED SERVICE ON THE BX10 BUS LINE

   Assemblyman Dinowitz  once again petitioned the MTA to add additional Bx10 buses to the West 231^st Street and Broadway route to remedy severe overcrowding.

“Many Bx10 buses are already too full before they reach West 231^st St. and Broadway, and often those waiting cannot get on the bus and have to wait for the next” Said Assemblyman Dinowitz “People who are able to get on the bus must pack in like cattle, which is unhealthy not to mention unsafe”

Thousands of people rely on the Bx10 to get to and from work everyday and they should not have to either suffer this severe overcrowding or risk being late. The MTA needs to provide additional Bx10 service and make the commute of many of my constituents more bearable.

Editor's Note:

Perhaps the state and city should provide the proper funding to the MTA which they currently do not. Then instead of a fare increase riders can pay what the service is worth, as they did when Assemblyman Dinowitz rode mass transit last.