“We must not be indifferent to the rising tide of hate crimes we’re seeing in New York City and nationwide. When you attack someone because of who they are, how they worship or who they love, you are attacking our democracy. Today, we thank law enforcement for aggressively pursuing and arresting a suspect in a disgusting series of threats against Jewish Community Centers. Our country was founded to shelter the oppressed and respect all faiths. It’s up to every generation to protect those American values.”
Friday, March 3, 2017
MAYOR DE BLASIO APPOINTS JEFFREY D. FRIEDLANDER TO THE CONFLICTS OF INTEREST BOARD
Mayor Bill de Blasio today appointed Jeffrey D. Friedlander to the Conflicts of Interest Board. Friedlander brings a wealth of experience in the corporate, government and legal fields and is active in professional and community service.
Friedlander was confirmed by the City Council and will serve the remainder of a six-year term starting April 1.
This position requires not only exceptional knowledge and experience of the law, but also the highest regard for ethics and governance, said Mayor Bill de Blasio. Jeff is an excellent leader and has made great strides in each of his previous positions. He is committed to upholding the highest standards of the law.
"At a time when public confidence in our institutions is eroding, it is so important that government officials act in conformance with the highest ethical standards. The COIB plays a vital role in achieving this end, and I am honored that the Mayor and City Council have given me the opportunity to contribute to its important work," said Jeffrey D. Friedlander.
About Jeffrey D. Friedlander
Jeffrey D. Friedlander has served New York City as one of its top and longest-serving municipal attorneys, having worked alongside 13 corporation counsels and under seven mayors.
Friedlander joined the Law Department as a member of its Honors Program in 1970 and in 1995 became the City's First Assistant Corporation Counsel, second-in-command of the New York City Law Department.
As the First Assistant Corporation Counsel, Mr. Friedlander was responsible for the office's corporate side, which includes key divisions like Economic Development, Contracts and Real Estate, and Municipal Finance. Mr. Friedlander also oversaw Affirmative Litigation, Environmental Law and Legal Counsel, the latter of which provides legal advice to City Hall and all City agencies and prepares the City's legislative proposals. He served as the City's Acting Corporation Counsel from 1997 to 1998 and then again in January of 2014. Subsequent to his retirement from the Law Department in 2015, he served as counsel to the Quadrennial Commission for the Review of Compensation of Elected Officials.
Friedlander is the President of the Board of Directors of the Heart and Soul Charitable Fund, Inc., which funds charitable activities in Manhattan that include meal programs for those in need as well as a number of youth programs. Additionally, he has served as a member of the Board of Directors of the Youth Services Opportunity Project, a non-profit corporation that provides opportunities for high school and college students to serve the homeless community. He is also a member of the Hunter College Pre-Law Advisory Board.
A lifelong New Yorker, Friedlander obtained his B.A. from Hunter College in 1967 and his J.D. from New York University Law School in 1970.
About the Conflict of Interest Board
The Conflicts of Interest Board is the independent New York City agency tasked with administering, enforcing and interpreting Chapter 68 of the New York City Charter, the City's Conflicts of Interest Law, and Section 12-110 of the Administrative Code, the City's Annual Disclosure Law. Through a combination of engaging training, confidential advice, and vigorous enforcement, the Board seeks to prevent ethics questions from becoming ethics problems for public servants.
NYC EMERGENCY MANAGEMENT URGES NEW YORKERS TO PREPARE FOR EXTREME COLD
Frigid weather expected to end the week, as temperatures drop below freezing with single-digit wind chill values Friday and Saturday
Unsheltered homeless individuals, older adults and people with chronic medical conditions are at increased risk of health problems from the extreme cold
The New York City Emergency Management Department today urged New Yorkers to prepare for upcoming extreme cold weather.
“If you’ve packed away your coats, it’s time to take them out again; winter isn’t finished with us yet,” said NYC Emergency Management Commissioner Joseph Esposito. “We urge New Yorkers not to take these temperatures lightly. Stay indoors, and if you have to go out, bundle up. Remember to check in on your family, neighbors, the elderly, or others with increased health risks to make sure they are protected from the extreme cold.”
An arctic blast is forecast to bring bitterly cold temperatures to the New York City area to end the week. Temperatures Friday night are expected to be in the twenties, with wind chill values in the single digits. High temperatures Saturday will be around freezing, with wind chill values in the teens. The coldest period is expected Saturday night, with temperatures in the teens and wind chill values close to zero. High temperatures Sunday are forecast to be in the mid-thirties, with lows Sunday night around thirty degrees. Temperatures are expected to rise into the forties on Monday.
New Yorkers are advised to check on their neighbors, friends, and relatives. People most at increased risk include those who lack shelter, drink heavily or use drugs, or live in homes without heat, and:
· Are 65 years of age or older.
· Have chronic medical conditions such as heart or lung disease.
· Have serious mental illness or developmental disabilities.
· Are socially isolated, have limited mobility, or are unable to leave the house.
Safety Tips
New Yorkers are also encouraged to take the following precautions during extreme cold:
· Stay indoors as much as possible.
· If you have to go outdoors, wear dry, warm clothing and cover exposed skin. Keep fingertips, earlobes, and noses covered.
- Wear a hat, hood, or scarf, as most heat is lost through the head.
· Shivering is an important first sign that the body is losing heat. Shivering is a signal to return indoors.
· Drinking alcohol may make you think you feel warmer, but it actually increases your chances of hypothermia and frostbite.
· Follow your doctor’s advice about performing hard work in the cold if you have heart disease or high blood pressure. Cold weather puts an extra strain on the heart. Remember, your body is already working hard just to stay warm, so don’t overdo it.
· Workers in construction and utilities, and others who spend a lot of time outdoors are at risk for cold-related disorders. Employers should implement safe work practices, provide appropriate protective equipment, and train workers on health effects of cold weather, proper prevention techniques, and treatment of cold-related disorders.
Health problems resulting from prolonged exposure to cold include hypothermia, frostbite and exacerbation of chronic heart and lung conditions. If you suspect a person is suffering from frostbite or hypothermia, call 911 to get medical help. While waiting for assistance, help the person by getting them to a warm place if possible, removing any damp clothing and covering them with warm blankets. Recognize the signs and symptoms of hypothermia and frostbite:
· Hypothermia is a life-threatening condition where the body temperature is abnormally low. Symptoms can begin gradually and get worse without the person realizing how serious it is. Early symptoms include shivering, dizziness, trouble speaking and lack of coordination. Signs of moderate to severe hypothermia include sluggishness, drowsiness, unusual behavior, confusion, and shallow breathing.
- Frostbite is a serious injury to a body part frozen from exposure to the cold. It most often affects extremities like fingers and toes or exposed areas such as ears or parts of the face. Redness and pain may be the first warning of frostbite. Other symptoms include numbness or skin that appears pale, firm, or waxy.
Homeless Services
A Code Blue Weather Emergency notice is issued when the temperature drops to 32 degrees Fahrenheit or less between 4 p.m. and 8 a.m., including National Weather Service calculations for wind chill values. No one who is homeless and seeking shelter in New York City during a Code Blue will be denied. Should you see a homeless individual out in the cold, please call 311 and an outreach team will be dispatched to offer assistance. Code Blue Weather Emergencies include the following options for the homeless:
· Shelters: During a Code Blue, shelter is available system-wide to accommodate anyone who is reasonably believed to be homeless and is brought to a shelter by outreach teams. Accommodations are also available for walk-ins.
· Drop-in centers: All drop-in centers are open 24-hours per day when Code Blue procedures are in effect and will assist as many people as possible for the duration of the emergency. Drop-in staff can also make arrangements for homeless individuals at other citywide facilities.
· Safe havens and stabilization beds: Chronically homeless individuals may be transported directly to these low-threshold housing options.
· Street homeless outreach: Teams will contact vulnerable individuals on their Code Blue Priority Lists a minimum of once every four (4) hours beginning at 8 p.m. during Code Blue Alerts and once every two (2) hours beginning at 8 p.m. for Enhanced Code Blue Alerts to encourage them to accept transport to a safe place. DHS coordinates Code Blue efforts directly with agencies such as NYPD, DSNY, and the Parks Department, at a borough level.
Safe Home Heating Tips
Improper use of portable heating equipment can lead to fire or dangerous levels of carbon monoxide. Take precautions to ensure you are heating your home safely.
Fire safety tips:
· Make sure you have a working smoke alarm in every room. Test them at least once a month and change the batteries twice a year.
· Use only portable heating equipment that is approved for indoor use. Space heaters are temporary heating devices and should only be used for a limited time each day.
· Keep combustible materials, including furniture, drapes, and carpeting at least three feet away from the heat source. Never drape clothes over a space heater to dry them.
· Never leave running space heaters unattended, especially around children. Always keep an eye on heating equipment. Turn it off when you are unable to closely monitor it.
· Plug space heaters directly into a wall outlet. Never use an extension cord or power strip. Do not plug anything else into the same outlet when the space heater is in use. Do not use space heaters with frayed or damaged cords.
· If you are going to use an electric blanket, only use one that is less than 10 years old from the date of purchase. Also avoid tucking the electric blanket in at the sides of the bed. Only purchase blankets with an automatic safety shut-off.
Prevent carbon monoxide poisoning:
· Carbon monoxide comes from the burning of fuel. Therefore, make sure all fuel-burning devices such as furnaces, boilers, hot water heaters, and clothes dryers are properly vented to the outdoors and operating properly. If you are not sure, contact a professional to inspect and make necessary repairs.
· Make sure you have a working carbon monoxide detector. Most homes and residential buildings in New York City are required by law to have carbon monoxide detectors installed near all sleeping areas. Owners are responsible for installing approved carbon monoxide detectors. Occupants are responsible for keeping and maintaining the carbon monoxide detectors in good repair.
· If you have a working fireplace keep chimneys clean and clear of debris.
· Never heat your home with a gas stove or oven, charcoal barbecue grill, kerosene, propane, or oil-burning heaters. Kerosene heaters and propane space heaters are illegal in New York City.
· The symptoms of carbon monoxide poisoning are non-specific and include headache, nausea, vomiting, dizziness, sleepiness, trouble breathing, and loss of consciousness. Severe poisonings may result in permanent injury or death.
If a carbon monoxide detector goes off in your home get outside immediately and call 911. If you suspect carbon monoxide poisoning, get outside immediately and call 911.
What to Do if You Lose Heat or Hot Water at Home
Building owners are legally required to provide heat and hot water to their tenants. Hot water must be provided 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Heat must be provided during the “Heat Season”, between October 1 and May 31 under the following conditions:
· Between the hours of 6 a.m. and 10 p.m., if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit.
· Between the hours of 10 p.m. and 6 a.m., if the outside temperature falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.
Any New York City tenant without adequate heat or hot water should first speak with the building owner, manager, or superintendent. If the problem is not corrected, tenants should call 311. For the hearing impaired, the TTY number is (212) 504-4115. The center is open 24-hours a day, seven-days a week. You may also file a complaint via mobile app, 311MOBILE, or online at 311ONLINE.
The Department of Housing Preservation and Development (HPD) will take measures to ensure that the building owner is complying with the law. This may include contacting the building’s owner and/or sending an inspector to verify the complaint and issue a violation directing the owner to restore heat and hot water if appropriate. If the owner fails to comply and does not restore service, HPD may initiate repairs through its Emergency Repair Program and bill the landlord for the cost of the work. HPD may also initiate legal action against properties that are issued heat violations, and owners who incur multiple heat violations are subject to litigation seeking maximum litigation penalties and continued scrutiny on heat and other code deficiencies.
Take measures to trap existing warm air and safely stay warm until heat returns, including:
- Insulate your home as much as possible. Hang blankets over windows and doorways and stay in a well-insulated room while the heat is out.
- Dress warmly. Wear hats, scarves, gloves, and layered clothing.
- If you have a well-maintained working fireplace and use it for heat and light, be sure to keep the damper open for ventilation. Never use a fireplace without a screen.
- If the cold persists and your heat is not restored call family, neighbors, or friends to see if you can stay with them.
- Do not use your oven or fuel-burning space heaters to heat your home. These can release carbon monoxide, a deadly gas that you cannot see or smell.
- Open your faucets to a steady drip so pipes do not freeze.
If You Need Emergency Heating Assistance
The Human Resources Administration (HRA) administers the federal Home Energy Assistance Program (HEAP), which can help low-income renters and homeowners with heating bills and other energy expenses. HEAP can help with:
· Regular heating bills from a variety of heat sources (even if heat is included in your rent or you live in subsidized housing).
· Emergency payments to keep you from losing your heat.
· Replacing damaged furnaces, boilers and heating units.
Eligibility for HEAP is based on your household income, family size and energy costs. If you are homebound and need help with your heating bills, you can call the NYC Heat Line at 212-331-3150 to arrange a home visit. For more information, call 311.
For more safety tips, visit NYC.gov/EmergencyManagement.
Cyberstalking Charge Brought In Manhattan Federal Court Against Missouri Man For A Pattern Of Harrassment Involving Threats To Jewish Community Centers
Juan Thompson’s Campaign to Harass and Intimidate His Victim Allegedly Included Eight Threats Made to Jewish Community Organizations
Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”) and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a complaint charging JUAN THOMPSON with cyberstalking a particular woman (“Victim-1”), by, among other things, communicating threats to Jewish Community Centers (“JCCs”) in Victim-1’s name. THOMPSON was arrested in St. Louis, Missouri, this morning and is expected to be presented there later today.
U.S. Attorney Preet Bharara said: “Everyone deserves to be free from fear and discrimination based on religion, race, or ethnicity; that is fundamental to who we are as a nation. Together with the FBI and the NYPD, we have been investigating the recent threats made on Jewish Community Centers in New York and around the country. Today, we have charged Juan Thompson with allegedly stalking a former romantic interest by, among other things, making bomb threats in her name to Jewish Community Centers and to the Anti-Defamation League. Threats of violence targeting people and places based on religion or race – whatever the motivation – are unacceptable, un-American, and criminal. We are committed to pursuing and prosecuting those who foment fear and hate through such criminal threats.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Thompson’s alleged pattern of harassment not only involved the defamation of his female victim, but his threats intimidated an entire community. The FBI and our partners take these crimes seriously. I would also like to thank the NYPD and the New York State Police, who continue to work shoulder to shoulder with us as we investigate and track down every single threat and work together to achieve justice for our communities that have been victimized by these threats.”
Police Commissioner James P. O’Neill said: “The defendant allegedly caused havoc, expending hundreds of hours of police and law enforcement resources to respond and investigate these threats. We will continue to pursue those who peddle fear, making false claims about serious crimes. I'm grateful for the collaboration between the NYPD detectives, FBI agents, and prosecutors whose cross-country investigation led to this morning's arrest.”
According to the allegations in the Complaint unsealed today in Manhattan federal court[1]:
In recent months, the FBI and this Office have been investigating a series of threats across the country principally targeting JCCs, schools, and other organizations that provide service to and on behalf of the Jewish community (the “JCC Threats”). Based on the investigation, THOMPSON appears to have made at least eight of the JCC Threats as part of a sustained campaign to harass and intimidate Victim-1. THOMPSON’s harassment of Victim-1 appears to have begun shortly after their romantic relationship ended and to have included, among other things, defamatory emails and faxes to Victim-1’s employer, false reports of criminal activity by Victim-1, and JCC Threats in Victim-1’s name.
In July 2016, an email was sent to Victim-1’s employer that made false allegations about Victim-1, including that she had broken the law, using an internet protocol (“IP”) address that THOMPSON had previously used to access his social media account. On October 15, 2016, an IP address that traced back to THOMPSON’s residence was used to report falsely that Victim-1 possessed child pornography. When confronted by law enforcement on November 22, 2016, THOMPSON claimed that his email account had been hacked a few weeks earlier.
In January and February 2017, THOMPSON appears to have made at least eight JCC Threats as part of his campaign of harassment against Victim-1. For instance, on or about February 21, 2017, the Anti-Defamation League (“ADL”) received an emailed threat at their midtown Manhattan office, which indicated that “[Victim-1’s name and birthdate] is behind the bomb threats against jews. She lives in nyc and is making more bomb threats tomorrow.” The next day, the ADL received a phone call claiming that explosive material had been placed in the ADL’s midtown Manhattan office.
Some of THOMPSON’s JCC Threats appear to have been made in his own name, as part of an effort to claim that Victim-1 was trying to frame THOMPSON for a crime. For instance, on or about February 7, 2017, a JCC in Manhattan received an emailed bomb threat from an anonymous email account, which stated: “Juan Thompson [THOMPSON’s birthday] put two bombs in the office of the Jewish center today. He wants to create Jewish newtown tomorrow.” The email’s use of the phrase “Jewish newtown” appeared to refer to a December 2012 school shooting in Newtown, Connecticut, in which a gunman murdered 26 victims, including 20 children.
In February 2017, a Twitter account that appears to be used by THOMPSON (the “Thompson Twitter Account”) was used to accuse Victim-1 of responsibility for the JCC Threats and claim that Victim-1 was trying to frame THOMPSON for her crimes. For instance, on February 24, 2017, the Thompson Twitter Account posted: “[s]he [Victim-1], though I can’t prove it, even sent a bomb threat in my name to a Jewish center, which was odd given her antisemitic statements. I got a visit from the FBI. So now I’m battling the racist FBI and this vile, evil, racist white woman.” On February 26, 2017, the Thompson Twitter Account posted “The hatred of Jews goes across all demos. Ask NYC’s [Victim-1’s employer]. They employ a filthy anti-Semite in [Victim-1]. These ppl are evil.”
THOMPSON, 31, of Saint Louis, Missouri, is charged with one count of cyberstalking, which carries a maximum sentence of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Bharara praised the outstanding investigative work of the FBI and the New York City Police Department, as well as the United States Secret Service, the St. Louis Police Department, the U.S. Attorney’s Office for the Eastern District of Missouri, and the Computer Crime and Intellectual Property Section of the United States Department of Justice for their ongoing investigative assistance. This investigation, as well as investigations into the other threats made to the Jewish community organizations in New York City are ongoing.
The prosecution is being handled by the Office’s Terrorism & International Narcotics Unit and the General Crimes Unit. Assistant U.S. Attorney Jacob Warren is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Racketeering Kingpin Sentenced To Life In Prison
Manuel Geovanny Rodriguez-Perez Committed 9 Murders, 10 Attempted Murders, Marijuana Trafficking, and Money Laundering
Preet Bharara, the United States Attorney for the Southern District of New York, announced that MANUEL GEOVANNY RODRIGUEZ-PEREZ, a/k/a “Shorty,” was sentenced today by U.S. District Judge Laura Taylor Swain to spend the remainder of his life in prison for his role as a leader of a massive and violent racketeering organization (the “Rodriguez Enterprise”) whose members sold large quantities of marijuana, murdered and attempted to murder nearly 20 people, transported and laundered millions of dollars, obstructed justice and committed perjury, and engaged in firearms offenses.
RODRIGUEZ-PEREZ was previously charged in connection with “Operation Green Venom,” a coordinated multi-agency investigation that was led by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“ICE HSI”), and first announced in October 2010. On June 7, 2016, RODRIGUEZ-PEREZ pled guilty before Judge Swain to one count of racketeering conspiracy, and accepted responsibility for dozens of illegal acts associated with that conspiracy, including nine murders and 10 attempted murders in the United States and the Dominican Republic.
Manhattan U.S. Attorney Preet Bharara said: “By his own admission, Manuel Geovanny Rodriguez-Perez is a cold-blooded murderer who was responsible for the executions of nine people and attempts on the lives of 10 more. He ruled over his drug enterprise with an iron fist and ruthlessly protected his turf. Today Rodriguez-Perez received a sentence that will ensure he poses no further danger to the people of New York – life behind bars.”
According to the allegations contained in the criminal Indictment and Information, other documents in the public record, and statements made in court: RODRIGUEZ-PEREZ was the highest ranking leader of a narcotics organization involved in a wide range of criminal activity, including the murders of the following victims:
- Francisco Perez, a/k/a “Francie,” on October 26, 1997: Perez was murdered at RODRIGUEZ-PEREZ’s direction and under his watch after RODRIGUEZ-PEREZ decided that Perez was a rival with whom RODRIGUEZ-PEREZ no longer wished to compete. Perez was shot and killed outside a nightclub in upper Manhattan. Rodriguez watched this murder from the safety of a nearby pool hall and later informed a cooperating witness that he had “given himself” this murder as a “birthday present.”
- Antonio Kasse, a/k/a “Toasty,” on December 13, 1998: RODRIGUEZ-PEREZ murdered Kasse because RODRIGUEZ-PEREZ suspected Kasse in the theft of a relatively small amount of marijuana from one of RODRIGUEZ-PEREZ’s stash houses. In the shooting that resulted in Kasse’s death, the hitmen hired by RODRIGUEZ-PEREZ also struck an innocent bystander, permanently paralyzing that victim.
- FNU LNU, a/k/a “Carlos Valentin,” a/k/a “Campi,” in or about 2000: Campi – whose true identity remains unknown – was strangled to death by RODRIGUEZ-PEREZ and his underlings in a public park in the Bronx. Campi was a low-level employee of RODRIGUEZ-PEREZ’s drug business whom RODRIGUEZ-PEREZ suspected of having stolen a small amount of marijuana. RODRIGUEZ-PEREZ buried Campi in a pre-dug grave, and later returned in an unsuccessful effort to locate, exhume, and destroy his victim’s remains.
- Noel Herrera, on December 29, 2001: Herrera was a rival drug dealer murdered by RODRIGUEZ-PEREZ in order to increase the Rodriguez Organization’s profits. He was murdered in the Dominican Republic at RODRIGUEZ-PEREZ’s direction by a team of paid assassins.
- Kelly Perez, a/k/a “Red” on September 16, 2002: RODRIGUEZ-PEREZ ordered the murder of this low-level employee of his business because he believed Perez to have stolen a small amount of marijuana and money, with which he had purchased a particular firearm. Before attempting multiple times to murder Perez, RODRIGUEZ-PEREZ forced Perez to return that firearm and, in spite, ensured that Perez died from a shot fired by the same weapon.
- Marino Molina, on January 11, 2003, and Wilfredo Molina, a/k/a “Willie,” on May 3, 2004: The Molina brothers were rivals of the Rodriguez Organization and associates of RODRIGUEZ-PEREZ’s first victim, Francisco Perez. Marino was murdered by a team of hitmen in the Dominican Republic while attending a baseball game, and Wilfredo was murdered in the drive-way of his family home in the presence of his young son.
- Manuel Rivas, a/k/a “Tony el Mono,” on October 29, 2005: Rivas was a former employee of the Rodriguez Organization whom RODRIGUEZ-PEREZ believed to be cooperating with law enforcement in the investigation of his drug empire. Rivas was murdered in the Dominican Republic by hitmen hired by RODRIGUEZ-PEREZ.
- Richard Cabrera, a/k/a “Bori,” on January 16, 2006: The murder of Richard Cabrera demonstrates RODRIGUEZ-PEREZ’s ruthlessness in support of his narcotics business. Cabrera had been a hitman for RODRIGUEZ-PEREZ in the murder of Francisco Perez, described above, and RODRIGUEZ-PEREZ murdered Cabrera in order to safeguard against the possibility of Cabrera revealing RODRIGUEZ-PEREZ’s role in that earlier murder.
Noel Herrera, Marino Molina, and Manuel Rivas were each murdered by or at the command of RODRIGUEZ-PEREZ in the Dominican Republic. Wilfredo Molina was murdered at the command of RODRIGUEZ-PEREZ in New Jersey, and the remaining victims were murdered in New York City.
Additionally, RODRIGUEZ-PEREZ was ordered to pay $25 million as a forfeiture penalty, which is the approximate amount of gross proceeds received by RODRIGUEZ-PEREZ derived from racketeering activities, properties in New York, Florida, and the Dominican Republic, and cash and jewelry seized by law enforcement officers.
RODRIGUEZ-PEREZ, age 43, has been in federal custody since October 15, 2010, when he was arrested during a takedown of more than 50 members of a massive marijuana trafficking ring that transported ton-quantities of marijuana from Florida and California for distribution in the greater New York area from the early 1990’s to 2010.
In sentencing RODRIGUEZ-PEREZ, Judge Swain said a life sentence was warranted because of the “breadth and violence” of his criminal conduct, which showed an “immense willingness and capacity to exact vengeance and violence.” Judge Swain described the “collateral damage caused” by RODRIGUEZ-PEREZ’s crimes as “catastrophic and immeasurable.”
Mr. Bharara praised the outstanding investigative work of ICE HSI, the New York City Police Department, and the U.S. Drug Enforcement Administration. He also thanked the U.S. Marshals Service, the Bergen County, New Jersey, Prosecutor’s Office, the Englewood, New Jersey, Police Department, the U.S. Department of Housing and Urban Development, and the New York City Department of Investigation for their assistance, and added that the investigation is continuing.
Cardiologist, Neurologist, And Others Charged In $50 Million Health Care Fraud Scheme, And Civil Suit Filed Against Clinic And Participants In The Fraud
Defendants Provided False Patient Medical Information and Used the Identities of Doctors Who Did Not Work at the Clinic to Submit More Than $50 Million in Fraudulent Health Care Claims
Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Scott J. Lampert, Special Agent-in-Charge of the New York Regional Office of the United States Department of Health and Human Services Office of the Inspector General (“HHS-OIG”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today criminal and civil actions relating to a 12-year scheme to defraud Medicaid, Medicare, and other private health insurance companies out of more than $50 million. Today’s actions include the unsealing of an Indictment charging ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI with, among other things, health care fraud, identity theft, and making false statements, and the filing of a civil fraud lawsuit against CITY MEDICAL ASSOCIATES, P.C., and ASIM HAMEEDI, among others, seeking treble damages and civil penalties under the False Claims Act for the fraudulent claims for reimbursement submitted by CITY MEDICAL ASSOCIATES to Medicare and Medicaid between 2003 and November 2015.
ASIM HAMEEDI was arrested this morning in Manhattan. FAWAD HAMEEDI was arrested this morning on Long Island. LANDOY and SCOTT were each arrested this morning in Queens, New York. SOLIMAN was arrested this morning in Westchester County. ARIF HAMEEDI is outside the United States and has not yet been arrested. All of the defendants in custody will be presented later today in Manhattan federal court before Magistrate Judge Sarah Netburn.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, these defendants that included a cardiologist and neurologist ran a medical practice that for years bilked public health care programs and private insurance companies of more than $50 million. Thanks to the hard work of federal and state investigators, this fraud has been revealed and the alleged perpetrators forced to face the consequences of their actions.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “Public health insurance programs, like Medicare and Medicaid, are not a personal pocketbook for criminals seeking to exploit a program designed to help those who need these programs the most. As alleged, the six defendants carried out a massive health care fraud scheme against these programs and private insurance companies for over twelve years and submitted more than $50 million in fraudulent claims. The FBI is committed to working with our law enforcement partners to bring to justice those who defraud taxpayer funded programs.”
HHS-OIG Special Agent-in-Charge Scott J. Lampert said: “Health care fraud schemes like the one alleged here loot government health programs, compromise patient well-being, and undermine the public’s trust in the health profession. You can bet our agents will continue to thoroughly investigate such allegations and hold fraudsters accountable for their crimes.”
NYPD Commissioner James P. O’Neill said: “As alleged, this investigation revealed numerous calculated actions that occurred for more than a decade which resulted in more than $50 million in fraudulent claims. I commend the NYPD investigators and FBI agents who uncovered these criminal activities and whose efforts resulted in a thorough investigation and arrests related to this ill-fated scheme.”
According to the allegations in the Indictment and the Civil Complaint:[1]
ASIM HAMEEDI, a board-certified interventional cardiologist who was the president and owner of City Medical Associates, a cardiology and neurology clinic based in Bayside, New York (“CMA””), together with others employed by CMA, conducted a massive health care fraud scheme spanning 12 years and involving more than $50 million in fraudulent claims. ASIM HAMEEDI conducted this scheme with others employed at or associated with CMA, including ASIM HAMEEDI’s nephew, FAWAD HAMEEDI, ASIM HAMEEDI’s brother, ARIF HAMEEDI, MICHELLE LANDOY, and DESIREE SCOTT, who were also employees of CMA, and EMAD SOLIMAN, a board-certified neurologist with his own practice in Westchester, New York.
The multi-faceted scheme included, among other things: (1) making false representations to insurance providers, including providers paid through Medicaid and Medicare, about the medical condition of patients in order to obtain preauthorization for medical tests and procedures; (2) submitting false claims to insurance providers for tests and procedures that were not performed and/or medically unnecessary, as well as for drug items not used or provided; (3) paying exorbitant kickbacks to local primary care medical offices in exchange for lucrative referrals from these offices; (4) and accessing, without authorization, electronic health records of patients at a particular hospital based on Long Island, New York (“Hospital-1”), in violation of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in order to identify patients to be recruited to CMA.
In furtherance of the scheme, and to hide from the insurance providers the huge volume of claims, including fraudulent claims, being submitted by CMA, ASIM HAMEEDI, FAWAD HAMEEDI, ARIF HAMEEDI, MICHELLE LANDOY, and DESIREE SCOTT submitted claims to the insurance providers falsely representing that medical tests had been ordered or performed by doctors who did not work at CMA and who had not ordered or performed the tests. These doctors included EMAD SOLIMAN, who knowingly participated in the scheme to allow CMA to submit false claims to the insurance providers in his name, as well as two other doctors who did not know that their identities were being used to further the fraud (“Doctor-1” and “Doctor-2”).
In addition, ASIM HAMEEDI and FAWAD HAMEEDI, with the assistance of ARIF HAMEEDI, used various unlawful means to obtain and maintain a high volume of patients for use in the fraudulent scheme, including, among other things, paying exorbitant kickbacks to local primary care offices and practitioners in exchange for referrals of patients by those offices and practitioners to CMA. Moreover, ASIM HAMEEDI and FAWAD HAMEEDI repeatedly, and without authorization, accessed information in electronic health records of patients of Hospital-1 to identify and recruit patients to the practice of ASIM HAMEEDI and CMA.
The charges against the defendants alleged in the Indictment, and the maximum penalties for those charges, are set forth in a chart below. Also set forth below is a chart with the defendants’ names, ages, and residences.
The Civil Complaint joins a civil fraud lawsuit previously filed under seal by a whistleblower under the False Claims Act. The civil case is pending before Judge Paul G. Gardephe.
Mr. Bharara praised the outstanding investigative work of the FBI, HHS-OIG, the NYPD, and the New York State Department of Financial Services.
The criminal case is being handled by the Complex Frauds and Cybercrime Unit, and Assistant U.S. Attorney Elisha J. Kobre is in charge of the prosecution. The civil case is being handled by Assistant U.S. Attorney Jacob M. Bergman of the Office’s Civil Frauds Unit.
| CHARGE | DEFENDANTS | MAXIMUM PENALTIES |
| Count One | ||
| Conspiracy to Commit Health Care Fraud and Wire Fraud in violation of 18 U.S.C. § 1349 | ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI | 20 years in prison |
| Count Two | ||
| Health Care Fraud, in violation of 18 U.S.C. §§ 1347 and 2 | ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI | 10 years in prison |
| Count Three | ||
| Wire Fraud, in violation of 18 U.S.C. §§ 1343 and 2 | ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI | 20 years in prison |
| Count Four | ||
| False Statements Relating to Health Care Matters, in violation of 18 U.S.C. §§ 1035 and 2 | ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, EMAD SOLIMAN, and ARIF HAMEEDI | 5 years in prison |
| Count Five | ||
| Conspiracy to Violate the Anti-Kickback Statute, in violation of 18 U.S.C. § 371 | ASIM HAMEEDI, FAWAD HAMEEDI, and ARIF HAMEEDI | 5 years in prison |
| Count Six | ||
| Conspiracy to Wrongfully Obtain and Disclose Individually Identifiable Health Information, in violation of 18 U.S.C. § 371 | ASIM HAMEEDI and FAWAD HAMEEDI | 5 years in prison |
| Count Seven | ||
| Conspiracy to Commit Fraud in Connection with Identification Information, in violation of 18 U.S.C. § 1028(f) | ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, DESIREE SCOTT, and EMAD SOLIMAN | 15 years in prison |
| Count Eight | ||
| Conspiracy to Commit Money Laundering, in violation of 18 U.S.C. § 1956(h) | ASIM HAMEEDI, FAWAD HAMEEDI, and ARIF HAMEEDI | 20 years in prison |
| Count Nine | ||
| Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A | ASIM HAMEEDI, FAWAD HAMEEDI, MICHELLE LANDOY, and DESIREE SCOTT | Mandatory minimum of 2 years in prison |
| Count Ten | ||
| False Statements to a Federal Agent, in violation of 18 U.S.C. § 1001 | EMAD SOLIMAN | 5 years in prison |
| DEFENDANT | AGE | RESIDENCE | |
| ASIM HAMEEDI | 46 | Manhattan, New York and | |
| FAWAD HAMEEDI | 31 | Long Island, New York | |
| MICHELLE LANDOY | 35 | Queens, New York | |
| DESIREE SCOTT | 37 | Queens, New York | |
| EMAD SOLIMAN | 47 | Westchester County, New York | |
| ARIF HAMEEDI | 56 | Queens, New York |
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and Civil Complaint and the descriptions of the Indictment and Civil Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.