TEAM DIAZ - African-American Abrazo 2017

   State Senator Rev. Rubén Díaz together with Bronx Borough President Ruben Diaz Jr. Assembly Members Marcos Crespo, Luis Sepulveda, Michael Blake, Victor Pichardo and Councilmember Rafael Salamanca announce the celebration of the Annual “African American Abrazo “Embrace” in New York State.” 

Seven distinguished Afro-Americans, Bronx District Attorney Darcel Clarke, New York State Assembly Speaker Carl Heastie, Concourse Village Board Member Ms. Chantel Jackson,Min. Kwame Thompson, and Hon. Bernice Williams were the honorees of the seven elected officials. 

79th A.D. Male District Leader Hon. John Tucker stood in for 79th Assemblyman Michael Blake who was out of town at the DNC national convention. Photos are below.

Above and Below - It was photo ops with the elected officials before the program began.

More photo ops with the elected officials.

Above - Another photo op eith the elected officials.

Below - State Senator Ruben Diaz Sr. is interviewed for Bronxnet Cable Television.

Above - Bronx District Attorney Darcel Clark speaks about being the first Black Woman District Attorney in New York State.

Fresh off his State of the Borough address the day before Bronx Borough President Ruben Diaz Jr. really woke up the packed room at Maestro's where the event was being held. 

Senator Klein & Assemblyman Crespo change law to help moms on WIC better access prescription formula

Legislators presented ceremonial bill & pen to National Supermarket Association celebrating changes to onerous DOH policy

State Senator Jeff Klein and Assemblyman Marcos Crespo, joined Rudy Fuertes, President of the National Supermarket Association, and members of the NSA for their general assembly meeting to announce the adoption of new law to ensure access to prescription baby formula across the state.

Last year the lawmakers released an alarming report analyzing the ways in which the State Department of Health’s restrictive 2014 policy change, which only allowed WIC recipients to use checks to buy prescription formula in stores that have pharmacies, impacted recipients.  The investigation concluded the 2014 policy created formula deserts across the city, severely cutting off access to mothers on WIC in multiple zip codes across the city.

Klein and Crespo introduced legislation to reverse the DOH changes, which was signed by the governor in December of 2016.

“Following last year’s report it was clear that swift action was needed to fix the broken policy that was in place. WIC participants should be able to easily find prescription formula in their neighborhoods. I’m proud that we were able to find a common sense solution to this problem that will ensure that those who need prescription formula won’t have to travel all over the city to find it,” said Senator Klein.

“Last year, under the leadership of Senator Klein, the legislature was able to respond and solve the bureaucratic nightmare created for thousands of families and children by faulty regulations that restricted access to nutrition services under the WIC program.  I am proud to have been part of the solution and look forward to our continued work to improve the health of our families while supporting our small business community’s efforts to serve all our residents,” stated Assemblyman Marcos Crespo, Chair of the Assembly Puerto Rican/Hispanic Task Force.

“This law re-establishes access to WIC participants and levels the playing field for independent supermarkets and bodegas by once again allowing most WIC-approved vendors to sell specialty formula,” said Rudy Fuertes, President, National Supermarket Association.  “The NSA has long advocated for this change and we want to thank Senator Klein, Assembly Member Crespo and Congress Member Espaillat for their leadership on this issue and for coming out to NSA headquarters to present our group with the pen certificate. Independent supermarkets and bodegas are largely immigrant run businesses and at a time when the national climate for immigrants is uncertain, we commend Senator Klein, Assembly Member Crespo and Congress Member Espaillat for championing and protecting our businesses and our community.”

Senator Klein and Assemblyman Crespo passed legislation to expand access to the WIC program across the State. The rules enacted by the Department of Health severely limited the ability for stores, like supermarkets and smaller grocery shops, to participate in the program. These stores, which also carry other healthy food items included in WIC packages like fresh fruits, vegetables, dried and canned beans, baby food, whole wheat bread, infant cereal, milk and cheese are vital for women and children health.

It was signed into law this month.

Before the DOH changed their policy 556 stores in the Bronx had accepted WIC participants’ checks, but now only 39 can because of the pharmacy requirement. That’s a 93.1% drop in stores. Of the 39 stores only seven carry a full produce section where WIC recipients can find other nutritional products for their families.

Across the city, the change created a major drop in selection for WIC recipients looking for prescription formula like Enfamil, Ensure or Similac.

Prior to the change Manhattan, Queens, Brooklyn and Staten Island collectively had 1,349 stores where WIC recipients could use checks to purchase prescription formula. These boroughs now collectively have 149 locations.

Certain zip codes have been hit harder than others. In The Bronx after the 2014 change, 16 zip codes had no stores where WIC recipients could fill their entire food package, including prescription formula.

This year, Senator Marisol Alcantara and Assemblyman Crespo introduced legislation to help stores deal with burdensome fees that they are sometimes hit with when there is a difference between the value of a WIC check and the cost of the product sold.

This legislation would not hold the vendor accountable for that difference, or the bank’s bounced or returned check fee, while providing greater transparency within the WIC program.

Bronx Democratic County Leader Statement from Marcos A. Crespo on Election of New DNC Chair

  Today, former U.S. Secretary of Labor Tom Perez was elected Chair of the Democratic National Committee, becoming first Latino to chair the Democratic Party at the national level. 

Now, more than ever, our Party needs leadership that will listen to Democrats at every level and every corner of the country, while rebuilding a movement that will advance the vision and the values that define us. The Party leader is charged with rebuilding state organizations and get-out-the-vote efforts in states and raising hundreds of millions of dollars in hopes of unseating Republicans up and down ballots in 2018 and promoting a Democratic presidential nominee who will win in 2020. 

We are confident that Tom Perez is the right guy for the job and we enthusiastically look forward to working with him to help him build the Party that every Democrat, and every American, deserves.

Eight Defendants Charged In Manhattan Federal Court With Narcotics Trafficking In The Bronx

   Preet Bharara, the United States Attorney for the Southern District of New York, James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), today announced the unsealing of an Indictment charging a total of eight defendants with engaging in the distribution of crack cocaine and marijuana in the vicinity of the Soundview Houses housing project in the 43rd Precinct, in the Bronx, New York. One of the defendants, ELLIOT JAMES, a/k/a “L Boogie,” a/k/a “Ace,” was also charged with using a firearm in furtherance of his drug trafficking crimes. Seven defendants were arrested today, and one defendant remains at large. The seven defendants who are in custody will be presented and arraigned before U.S. Chief Magistrate Judge Debra Freeman later today. The case is assigned to U.S. District Judge Naomi Reice Buchwald.

Manhattan U.S. Attorney Preet Bharara said: “The Soundview Houses residents deserve to live free of drug-dealing and guns in their neighborhood, something that the eight defendants charged today allegedly made difficult. We thank our partners at the DEA and NYPD for their efforts in this and other investigations aimed at keeping our communities safe from drugs and gun violence.”

DEA Special Agent in Charge James J. Hunt said: “These eight defendants allegedly made the Soundview Houses their stomping ground for drug trafficking. No one chooses to live next door to drug dealers and today’s arrests have paved ground for a safer neighborhood with less drugs and drug-related crimes.”

Police Commissioner James P. O’Neill said: “As alleged, these individuals distributed narcotics in and around the Soundview Houses and by doing so, endangered the safety of surrounding residents with their criminal enterprise. An investigation conducted by the NYPD’s Gun Violence Suppression Division and our law enforcement partners strategically targeted this illegal activity and as a result, effected the arrests of several individuals responsible for trafficking narcotics. I commend the work of the investigators and prosecutors who committed themselves to this investigation.”

As alleged in the Indictment unsealed today in Manhattan federal court[1]:

Between 2014 and February 2017, ELLIOT JAMES, a/k/a “L Boogie,” a/k/a “Ace,” JAMEL DAVIS, a/k/a “Pootie,” TYLER MASSEY, a/k/a “Gordo,” DONOVAN MOSS, a/k/a “Don,” JONATHAN NUNEZ, a/k/a “Munna,” BRANDON RAMSEUR, a/k/a “BR,” JONATHAN REYES, a/k/a “Grillz,” and JAMEL SIMS, a/k/a “Jamal Brown,” conspired to sell crack cocaine and marijuana in the vicinity of the Soundview Houses in the Bronx. During the course of the conspiracy, the defendants sold crack cocaine to confidential informants and undercover law enforcement officers on numerous occasions. Certain defendants also sold crack cocaine to the undercover officers on behalf of their co-conspirators or worked together to complete the sales to the undercover officers.

The defendants face maximum terms of life in prison and mandatory minimum terms of 10 years in prison. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the Court.

A chart containing the names, ages, and residences of the defendants who were arrested today is below.

Mr. Bharara praised the outstanding investigative work of the DEA and the NYPD.

These cases are being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Michael Longyear, Jessica Fender, and Scott Hartman are in charge of the prosecution.

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

United States v. Elliot James, et al.

NAME	AGE	RESIDENCE
Elliot James, a/k/a “L Boogie,” a/k/a “Ace”	27	Bronx, NY
Jamel Davis, a/k/a “Pootie”	25	Bronx, NY
Tyler Massey, a/k/a “Gordo”	22	Bronx, NY
Donovan Moss, a/k/a “Don”	22	Bronx, NY
Jonathan Nunez, a/k/a “Munna”	19	Bronx, NY
Brandon Ramseur, a/k/a “BR”	19	Bronx, NY
Jonathan Reyes, a/k/a “Grillz”	21	Bronx, NY
Jamel Sims, a/k/a “Jamal Brown”	25	Bronx, NY

[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.

Florida Man Pleads Guilty To Attempting To Gain Unauthorized Access And Cause Damage To The Computer Network Of A Global Charitable Organization

   Preet Bharara, the United States Attorney for the Southern District of New York, announced today that TIMOTHY SEDLAK pled guilty in Manhattan federal court to attempting to access without authorization the computer network of a global charitable organization based in New York, New York (the “Organization”), and as a result of such conduct, recklessly causing damage to computers of the Organization. He pled guilty before U.S. District Judge Ronnie Abrams.

Manhattan U.S. Attorney Preet Bharara said: “Although ultimately unsuccessful, Timothy Sedlak attempted hundreds of thousands of times to hack into a charitable organization, impairing the organization’s work. Today, Sedlak admitted to his crime and now awaits his sentence.”

According to the Superseding Information, other documents filed in Manhattan federal court, and statements made at various proceedings in this case, including today’s guilty plea:

SEDLAK made hundreds of thousands of attempts to gain access without authorization to the computer network systems of the Organization, and in so doing, impaired the availability of the email accounts and web-based applications of more than 10 employees of the Organization.

From in or about June 2015, up to and including in or about July 2015, computers associated with two particular internet protocol addresses (the “IP Addresses”) made nearly 400,000 attempts to gain unauthorized access to the Organization’s computer network. As a result, numerous Organization employees experienced difficulty accessing their Organization email accounts, and were disrupted in their ability to conduct regular business functions. Both of the IP Addresses were subscribed to SEDLAK at SEDLAK’s residence in Florida (the “Sedlak Residence”).

In particular, between June 22, 2015, and July 8, 2015, from one of the IP Addresses, there were approximately 195,000 attempts to log into approximately 20 email accounts of the Organization. Between July 8, 2015, and July 10, 2015, from the other IP Address, there were an additional approximately 195,000 attempts to log into approximately six email accounts of the Organization. SEDLAK has never been employed by the Organization, and was not authorized to access any email accounts of the Organization.

On or about September 11, 2015, United States Secret Service (“USSS”) agents executed a search warrant at the Sedlak Residence, from which they seized, among other things, (i) approximately 30 computers connected to the same internal network, which enabled each computer to communicate with the others (the “Sedlak Computers”); (ii) notes pertaining to the Organization, an executive of the Organization (“Individual-1”), and an individual who has been publicly affiliated with the Organization (“Individual-2”), including email addresses, registrant information for certain website domain names, and certain IP address information associated with the Organization, Individual-1, and/or Individual-2; and (iii) lists of email addresses and email servers, many of which included the word “jihad.” The Sedlak Computers contained, among other things, a list of certain Organization employees’ email account usernames, and a “brute force” password-cracking tool. Such a tool is designed to launch a relentless barrage of potential passwords at an email account in an attempt to guess the account’s password.

On or about September 11, 2015, USSS agents interviewed SEDLAK, who claimed to be using the Sedlak Computers to conduct “research” into charitable organizations in the course of his work as a private investigator. In particular, SEDLAK claimed to be trying to determine if such organizations are unintentionally financing jihadist groups by sending, to charitable organizations in the Middle East, funds that are then seized by jihadist groups. When asked about notes pertaining to Individual-1 and Individual-2 found at the Sedlak Residence, SEDLAK claimed that he came across such information in his “research” into the financing of jihadist groups. SEDLAK claimed that he hoped to sell the information he found.

SEDLAK, 43, of Ocoee, Florida, faces a maximum of five years in prison and three years of supervised release. The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. SEDLAK is scheduled to be sentenced by Judge Abrams on June 6, 2017, at 1:00 p.m.

Mr. Bharara praised the investigative work of the United States Secret Service.

Statement from New York City Comptroller Scott M. Stringer on President Trump’s Potential Roll-back of Protections for Transgender Students

   “Yesterday, we led some of the world’s largest investors in speaking out against SB6 – a bill in Texas that would openly discriminate against transgender individuals. It’s legislation that wittingly targets Texans for who they are, and it’s wrong.

“Now, the Trump Administration is poised to roll-back protections for, and willfully single out, transgender students. The White House is sending a message that it actively tolerates discrimination against children. This isn’t a states’ rights issue – it’s a civil rights issue. From Indiana, to North Carolina, to Texas, states across this country have tried to impose discriminatory legislation under the mask of ‘religious freedom’ or ‘bathroom safety.’ But we know what these bills really aim to do: target people. That’s why federal protections are so important, because governors with backwards values will exploit this White House roll-back. Ultimately, it will no doubt result in children facing even more discrimination. President Trump is, once again, putting himself on the wrong side of history.”

Yesterday, New York City Comptroller Scott M. Stringer and Trillium Asset Management led 40 of the largest investors in the world in opposing Texas Senate Bill 6. Similar to North Carolina’s HB2, this bill would discriminate against transgender individuals by forcing them to use the bathroom that aligns with their original birth certificate in public schools, universities, and government buildings. In a letter to Texas Governor Greg Abbott, Lieutenant Governor Dan Patrick, and House Speaker Joe Straus, the investors outlined how discrimination is not only wrong, but undermines businesses and the economy.

In June 2015, Comptroller Stringer released a report outlining legislation to expand protections for transgender and gender non-conforming New Yorkers. A year later, a bill requiring single-use bathrooms to be labeled as gender neutral passed the City Council.

A.G. Schneiderman Announces Settlement With Oxford Health For Improperly Denying Claims Of Hundreds Of Members For Infusion Services

Oxford Health Improperly Denied Coverage Of Claims For Sick Members Of Nearly $500,000 Collectively For Services Previously Covered

   Attorney General Eric T. Schneiderman today announced an agreement with Oxford Health Plans (NY) and Oxford Health Insurance, Inc. (together, “Oxford”), requiring that Oxford provide refunds to hundreds of small group plan members in New York State for improperly denying coverage of infusion services, including necessary supplies and nurse visits, since November 2015.  As a consequence of Oxford’s denials, these chronically ill members who needed infusion therapy for serious medical conditions were billed by infusion service providers. Infusion therapy is used as part of a medication treatment plan, and is a procedure in which medication is administered intravenously.  Infusion therapy may be used, for example, to treat serious or chronic infections that do not respond to oral antibiotics and for pain management. Oxford is owned by UnitedHealth Group.

“Infusion services are vital to patients’ health care. Yet Oxford’s failure to provide the proper coverage adversely affected many New Yorkers with serious medical conditions. Health plans must take responsibility for promptly identifying and correcting errors that result in improper denials to New Yorkers, who rely on their insurance companies for critical medical care,” said Attorney General Schneiderman.

The investigation began after an Oxford health plan member complained to the Attorney General’s Health Care Bureau Helpline that she began to receive bills from a provider of infusion supplies, when the infusion supplies had been previously covered by her plan.  Initially, Oxford maintained that its denials of coverage were correct, stating that the consumer’s benefits had changed, but a review of the plan documents did not support this statement.  As a result of the AG’s inquiry, Oxford acknowledged that hundreds of other members’ infusion services claims were also improperly denied as well as claims for nurse home healthcare visits for the administration of infusion medication.

After acknowledging its error in the coverage denials and providing assurances that it had corrected the benefit configuration error that resulted in the denials, it was discovered that 277 members continued to receive improper denials because the problem had not been fully identified by Oxford and corrected.

Oxford has identified a total of 2,587 claims that were improperly denied, totaling nearly $500,000.

As set forth in the agreement, Oxford has completed or committed to do the following:

• Mail letters to affected members explaining that they may have paid too much for infusion services, and setting forth the steps to secure a full refund;
• Re-examine all infusion claims from October 1, 2015 through the date of the agreement and provide substantiation that all claims have been properly processed and paid; and
• Pay $35,000 to New York State

This case was handled by Assistant Attorney General Adrienne Lawston of the Health Care Bureau.  The Health Care Bureau is led by Bureau Chief Lisa Landau.  The Health Care Bureau is part of the Social Justice Division, which is led by Executive Deputy Attorney General Alvin Bragg.

Consumers who believe that they may have been treated unfairly by a health care provider, HMO or insurance plan, or health-related business should call the Attorney General’s Health Care Helpline at 1-800-428-9071.

A.G. Schneiderman Announces Settlement With Networking Website For Sending Millions Of Deceptive Email Solicitations

The International Women’s Leadership Association To Increase Transparency In Its Marketing Practices, Agrees To Pay A $200,000 Penalty

Schneiderman: My Office Will Continue To Protect New Yorkers From Misleading Electronic Marketing

   Attorney General Eric T. Schneiderman today announced a settlement with The International Women’s Leadership Association, Inc. (“IWLA”) regarding a deceptive email campaign in which the company sent millions of emails misrepresenting how it selected its recipients for a business networking program.  Recipients were likely to believe that IWLA reviewed their education, employment history, and contributions to their friends, family and neighborhood community prior to receiving the solicitation, which invited them to become a member of an exclusive women’s business networking community. Over 100,000 women responded to this solicitation in the last 3 years. Yet despite the claims in the solicitation, which was sent to over 7 million people in the United States, IWLA did not actually consider the person’s contribution to “family, career, and community” or any other qualifications. The company agreed to reform its marketing practices and pay a $200,000 penalty, which was suspended due to the financial condition of the company.

“Mass email solicitations cannot be used as a proxy for deceptive marketing practices,” said Attorney General Schneiderman. “Honesty and transparency are the hallmarks of consumer protection, and those same principles must be upheld online.”

The IWLA is a New York corporation with a main office located in Uniondale, New York.  Its stated purpose is to provide “women with opportunities to meet, share and collaborate, whether in business or otherwise.” It claims to market its services to women at all stages of their career to help foster their upward mobility. The IWLA claims over fourteen thousand (14,000) female members who subscribe to its services and receive the benefits and privileges offered by the association.

The IWLA markets directly to potential members including by email and letters.  These marketing solicitations come in various forms, but they all contained the statement “it is my distinct pleasure to notify you that, in consideration of your contribution to family, career, and community, you have been selected as a woman of outstanding leadership,” such as in the following example:

On behalf of The International Women’s Leadership Association, it is my distinct pleasure to notify you that, in consideration of your contribution to family, career, and community, you have been selected as a woman of outstanding leadership. As such, register today to take your place among other remarkable women; you have earned it and you deserve it. We live in a demanding world! Women are challenged to balance their lives in and out of the workplace, at home, and in the community. These challenges require that we think creatively in establishing meaningful resources that provide options without obligation, efficiency with effectiveness, and relationships with reliability….  Register today; your inclusion will broaden and brighten this premier platform of accomplished women.

(Emphasis added.)

Upon responding to this solicitation, potential members were asked to complete a registration form and consent to being called by the IWLA to complete the registration process.  The applicant was offered a choice of programs for purchase with prices ranging from $99 for a 6-month membership to $989 for a lifetime membership.  Potential benefits include: a personal file added to the IWLA website; a feature on IWLA’s own social media platform and related endorsements; and attendance to various events, webinars, and tele-seminars.

Pursuant to the settlement, IWLA agreed not to engage in false, misleading, or deceptive advertising regarding any IWLA service or otherwise not make any misrepresentations, cause a likelihood of confusion or misunderstanding, or omit material facts in the advertising, marketing or sale of its services.  IWLA agreed to not make any statement or claim in its advertising or marketing material that it evaluated, analyzed, considered, assessed or discussed the credentials of a potential member of the IWLA unless it has done so.  

IWLA also agreed to a $200,000 penalty, which is suspended due to the financial condition of the company, provided IWLA complies with the agreement.  In the event IWLA fails to comply with the agreement, or made a material misrepresentation regarding its practices or financial condition, the entire amount is due and payable to NYAG.