MAYOR’S OFFICE OF CRIMINAL JUSTICE, ANNOUNCE SUCCESSFUL ROLLOUT OF “JUSTICE-INVOLVED SUPPORTIVE HOUSING” PROGRAM STABILIZING INDIVIDUALS WHO FREQUENTLY CYCLE THROUGH JAIL AND SHELTER

Supportive housing projected to save $1.5 million per year in reducing jail, shelter and hospital use

Permanent supportive housing funded by asset forfeiture investment from Manhattan District Attorney Cyrus Vance Jr.’s Office

  The Mayor’s Office of Criminal Justice and the Department of Health and Mental Hygiene today announced that 97 individuals in New York City who most frequently cycled through jail on low-level charges, stayed in City shelters, and struggled with behavioral health needs have been connected to permanent supportive housing through a program called “Justice-Involved Supportive Housing.” This approach has been shown to reduce returns to jail by 38 percent and to save $16,000 per individual in annual jail, shelter, and emergency room costs.  

“Housing is one of the few proven tools we have to prevent returns to jail for those who struggle with behavioral health issues and chronic homelessness,” said Elizabeth Glazer, director of the Mayor’s Office of Criminal Justice. “For the population with serious mental health needs who have been shuttling between jail, hospitals and shelter for years, permanent housing paired with targeted services has been shown to stop the churn. This saves money, reserves jail for people who pose a public safety risk, and helps people who have been struggling to build productive, stable and healthy lives.”

“Stable, permanent housing is one of the keys to living a healthy life,” said Health Commissioner Dr. Mary T. Bassett. “Justice-Involved Supportive Housing’s great innovation is to use data already available to City government to pre-qualify people for supportive housing. This rapid placement process, paired with intense support services, has proven people with long histories of cycling through jail and shelter can succeed in permanent housing.”

In New York City, a relatively small number of people consume a disproportionate share of shelter, jail and emergency room resources. Justice-Involved Supportive Housing aims to stabilize this small population, who: 

·         Tend to face low-level charges: 90 percent of jail admissions for this population are on misdemeanor charges;

·         Cycle through jail repeatedly for short periods of time: The 97 people placed in supportive housing to date entered the City’s custody an average of 11 times each, and spent an average of 370 days in jail over a period of four years;

·         Have significant behavioral health needs: The 97 individuals placed to date have a high incidence of serious mental illness and 97 percent report extensive substance use;

·         Struggle with homelessness: The 97 people placed in supportive housing to date averaged 240 days in shelter over the last four years; and

·         Tend to be older than the average jail population: The 97 people who have been placed to date average 47-years-old. 

Permanent supportive housing for individuals who have a history of cycling through the criminal justice system is an evidence-driven model that has been shown to lead to:

·         Fewer returns to jail, with a 40 percent reduction in days spent in jail and a 38 percent reduction in jail admissions over two years;

·         Less shelter use, with a 90 percent reduction in both shelter admissions and days in shelter over two years; and

·         Improved health outcomes, with a 55 percent reduction in days in a psychiatric hospital over two years.

While housed, program participants receive continuous support from a case manager who is able to recommend and connect tenants to crisis interventions, financial management resources, public benefits, substance use counseling and treatment, medication management, and a range of other services for daily living skills. Supportive housing providers include the Fortune Society, CAMBA, and Urban Pathways.

Manhattan District Attorney Cyrus R. Vance, Jr., said: “Far too often we see the same individuals cycling through the revolving door of our courthouses, shelters, and hospitals. Investing in a safe space for this population to live and receive treatment makes us all safer. My Office is proud to be a member of the Task Force on Behavioral Health and the Criminal Justice System, and to have provided the $9 million in funding for supportive housing citywide from my Office’s Criminal Justice Investment Initiative.”

In order to ensure that available apartments in scattered sites across the City are effectively matched to the individuals with greatest need, the Mayor’s Office of Criminal Justice used an intensive and innovative data-match process to identify 400 individuals who have had at least five admissions to City jails and five admissions to City shelters within any four-year period, and who are likely living with behavioral health issues. Eighty percent of the beds funded under this program have already been filled, and the City is actively working to connect other eligible individuals to permanent homes.  

Justice-Involved Supportive Housing is a top priority of the Mayor’s Task Force on Behavioral Health and the Criminal Justice System, a $130 million commitment to reducing the number of people with behavioral health needs cycling through the criminal justice system. Despite dramatic declines in both crime and the use of jail in New York City over the last twenty years, the percentage of the jail population with behavioral health needs stayed largely constant, comprising a larger and larger proportion of the overall jail population. Since the Task Force was launched, the jail population with behavioral health needs has fallen 5% after increasing for 20 years.

Bronx Borough President Ruben Diaz Jr. - Public Hearings: Gifted & Talented Task Force

New York City Council Member Andy King -

  New York City Council Member Andy King, in partnership with Neighborhood Housing Service,  the Legal Aid Society and Community Board 12, will be hosting a free workshop for homeowners onWednesday, March 22, at 6:30 p.m. at Community Board 12, 4101 White Plains Road., Bronx. The workshop is geared to helping homeowners who are having difficulties meeting their mortgage payment or problems with property taxes or city liens. The workshop will also inform homeowners about predatory scams

U.S. Attorney Charges Registered Sexual Offender In Westchester County With Sexual Exploitation Of A Minor

   Joon H. Kim, Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Division of the Federal Bureau of Investigation (“FBI”), announced the arrest and filing of charges against DAVID OHNMACHT, a 36-year-old registered sexual offender in Westchester, New York. The Amended Complaint filed yesterday in White Plains federal court charges that OHNMACHT persuaded a 14-year-old girl (“Victim-1”) to engage in sexually explicit activity, video it, and transmit it, via Instagram, to OHNMACHT. The Amended Complaint also charges that OHNMCHT engaged in that conduct while being someone required to register as a sexual offender. OHNMACHT was presented yesterday before U.S. Magistrate Judge Judith McCarthy in White Plains federal court and detained without bail.

If convicted, OHNMACHT faces a mandatory minimum sentence of 35 years in prison and a maximum sentence of 50 years in prison.

Acting U.S. Attorney Joon H. Kim said: “David Ohnmacht allegedly convinced a 14-year-old girl to send him sexually explicit videos of herself and threatened to release it to her friends if she did not send more. It is one of law enforcement’s most important missions to protect children from this type of allegedly predatory conduct.”

FBI Assistant Director William F. Sweeney Jr. said: “Our job as law enforcement is to protect people from criminals, but our job gets harder as more predators approach children and take advantage of them. Those alleged predators have more access in this digital age than they’ve ever had before, but as parents we have to be the first line of defense by talking with them and making sure they know the dangers that lurk online. The alleged subject in this case is what parents fear the most, a known sexual predator making contact with their child. Our jobs may get harder, but that won’t stop us from going after and stopping criminals from preying on our children.”

According to the Amended Complaint filed today in White Plains federal court[1]:

From November 2016 through February 2017, OHNMACHT communicated online via Instagram with a 14-year-old girl (“Victim-1”) and convinced Victim-1 to take and transmit sexually explicit videos of Victim-1 to OHNMACHT.

OHNMACHT utilized the screen names “Dannyw290” and “little.kitty.love” during his communications with Victim-1. OHNMACHT told Victim-1 that if she did not make and transmit additional videos, he would expose Victim-1’s prior videos to her friends on Instagram.

OHNMACHT was convicted on August 19, 2003, in Westchester County Court of multiple sexual abuse and sexual assault charges including Sexual Abuse in the Third Degree, Possessing an Obscene Sexual Performance by a Child less than 16 years old, Rape in the First Degree, Use of a Child less than 17 years of age in a sexual performance, Possessing a Sexual Performance by a child less than 16 years of age, Sexual Abuse in the First Degree, Promoting a Sexual Performance by a child less than 17 years of age, and Sodomy, Intercourse, Forcible Compulsion. OHNMACHT was sentenced to a term of imprisonment of 40 months to ten years. He served approximately nine years in prison and was released on or about November 1, 2011. OHNMACHT then began a five-year term of post-release supervision with New York State Parole that ended on or about November 1, 2016.

OHNMACHT’s prior convictions involved four different victims, who ranged in age from 13 to 15. As a result of his convictions, OHNMACHT was required to register with the New York State Sex Offender Registry.

OHNMACHT was arrested yesterday morning in Katonah, New York.

Mr. Kim praised the efforts of the FBI. He also thanked the FBI’s Wilmington, North Carolina, Resident Agency, the New Hanover County Sheriff’s Office in Wilmington, North Carolina, and the Bedford, New York, Police Department in connection with this investigation.

Mr. Kim stated that the investigation is ongoing. Any individuals with relevant information concerning DAVID OHNMACHT and any individuals who may have encountered someone using the user names “Dannyw290” or “little.kitty.love” should contact the FBI at (914) 925-3700.

EDITOR'S NOTE:

  This is the first posting by new Acting U. S. Attorney for the Southern District Joon H. Kim.

  Former U. S. Attorney Preet Bharara you will be missed.

A.G. Schneiderman And Acting Tax Commissioner Manion Announce Arrest And Indictment Of Former Steuben County Restaurant Owners For Allegedly Pocketing Over $175K In Sales Tax

Christopher And Kimberlee Klee, Owners Of Sonora’s Mexican Restaurants In Bath and Corning, Allegedly Failed To Remit Over $175K In Collected Sales Tax

Schneiderman: Those Who Defraud The Tax System Will Be Fully Prosecuted

   Attorney General Eric T. Schneiderman and Acting Commissioner of Taxation and Finance Nonie Manion announced the arrests of Christopher and Kimberlee Klee, following the unsealing of an indictment charging the Klees for their failure to file sales tax returns and remit over $175,000 in sales tax collected at two Sonora’s Mexican Restaurant locations in Bath and Corning.  

A Steuben County Grand Jury handed up a seven-count indictment in which Christopher and Kimberlee Kimberlee Klee were each charged with one count of Grand Larceny in the Second Degree, a Class C felony, in violation of Penal Law §155.40(1) and three counts of Criminal Tax Fraud in the Third Degree, a class D felony, in violation of Tax Law § 1804 for failing to file sales tax returns and remit collected sales tax from sales at the Sonora’s Mexican Restaurant located in Bath.  In addition, the Klees were each charged with one count of Grand Larceny in the Third Degree, a Class D felony, in violation of Penal Law §155.35(1) and two counts of Criminal Tax Fraud in the Third Degree for failing to file sales tax returns and remit collected sales tax for sales at the Sonora’s Mexican Restaurant located in Corning.

“Pocketing sales tax shows a blatant disrespect for the patrons who spend their hard-earned money at these restaurants,” said Attorney General Schneiderman. “We will keep working to root out and prosecute those who seek to defraud the tax system.”

These charges were the result of an investigation conducted by the Department of Taxation and Finance’s Criminal Investigations Division, and then referred to the Attorney General’s Office for further investigation and prosecution. 

“Business owners who fail to remit the sales tax they collect from customers, as alleged in this case, are not only depriving the state of revenue used for vital services, but also stealing from the communities where they operate,” said Acting Commissioner of Taxation and Finance Manion. “We’ll continue to work with Attorney General Schneiderman and all levels of law enforcement to bring those who commit these crimes to justice.” 

According to the indictment and statements made by the prosecutor at arraignment, Christopher, 55, and Kimberlee Klee, 53, both of Elmira, were the owners and operators of several Sonora’s Mexican Restaurants, including locations in Bath and Corning. 

The Bath restaurant, located at 330 W. Morris Street, opened for business in September 2004.  The Klees, who must file sales tax returns and remit collected sales tax quarterly, allegedly failed to file sales tax returns for the time period from September 1, 2006 through August 1, 2011, the day on which the restaurant closed.  An audit conducted by the Department of Taxation and Finance revealed that during this time period, the Bath restaurant made over $1,850,000 in total sales and collected over $140,000 in sales tax which the Klees allegedly failed to remit to New York State. 

The Corning restaurant, located at 84 E. Market Street, opened for business in February 2010 and remained in operation until November 2011.  An audit by Department of Taxation and Finance revealed that between during this time, the Corning restaurant made over $480,000 in total sales, and the Klees allegedly failed to remit over $38,000 in collected sales tax. 

The Honorable Peter C. Bradstreet arraigned Christopher and Kimberlee Klee today in Steuben County Court. The Klees are next scheduled to appear in court on April 3, 2017.  If convicted of the top count charged of Grand Larceny in the Second Degree, Christopher and Kimberlee Klee each face up to 5 to 15 years in prison.

The charges against Christopher and Kimberlee Klee are merely accusations and they are presumed innocent until proven guilty in a court of law.   

The Attorney General thanks the New York State Department of Taxation and Finance for their assistance in this investigation.

A.G. Schneiderman Warns Against Price Gouging During Winter Storm Stella In New York State

A.G. Urges New Yorkers To Report Potential Fraud To His Office, Offers To Tips To Protect Consumers

Schneiderman: We Won’t Tolerate Anyone Who Seeks To Capitalize On This Snowstorm At The Expense Of New Yorkers

    Attorney General Eric T. Schneiderman today issued a consumer alert warning both consumers and businesses about price gouging ahead of this week’s blizzard that is expected to impact parts of New York State. A blizzard warning has been in effect since Monday morning for certain areas, including New York City, parts of Long Island and Westchester county. A winter storm warning is also in effect across New York State.

General Business Law prohibits excessive increases in prices of essential goods and services like food, water, gas, generators, batteries, and flashlights, hotel lodging, and transportation, during natural disasters or other events that disrupt the market. During and after severe winter weather events, these goods and services might also include snow plowing, snow removal from roofs, shovels and other snow removal equipment, salt, and contract services for storm-related damage.

“Unscrupulous fraudsters will use severe winter weather as an excuse to illegally line their pockets,” said Attorney General Schneiderman. “We won’t tolerate anyone who seeks to capitalize on this snowstorm at the expense of New Yorkers. Anyone who thinks they have been the victim of price gouging should immediately contact my office.”

Any New Yorkers who believe they have been the victim of price gauging should call the Attorney General's office at 800-771-7755 or visit www.ag.NY.gov/price-gouging-complaint-form to file a complaint.

New York State’s Price Gouging Law (General Business Law § 396-r) prohibits merchants from taking unfair advantage of consumers by selling goods or services for an “unconscionably excessive price” during an “abnormal disruption of the market.” The price gouging law covers New York State vendors, retailers and suppliers, including but not limited to supermarkets, gas stations, hardware stores, bodegas, delis, and taxi and livery cab drivers.

The aftermath of winter storms may also necessitate the hiring of contractors to assist with additional snow removal and home repairs. Reports of roof collapses and the possibility of flooding from warming temperatures are two areas of significant concern. Consumers should protect themselves when hiring contractors to perform storm-related services by considering the following:

• Shop around. Get at least three estimates from reputable contractors that include specific information about the materials and services to be provided for the job.
• Get it in writing. Insist on a written contract that includes the price and description of the work needed.
• Don't pay unreasonable advance sums. Negotiate a payment schedule tied to the completion of specific stages of the job. Never pay the full price up front.
• Get references. Check with the Better Business Bureau, banks, suppliers, and neighbors. Always contact references provided to you.
• Know your rights. You have three days to cancel after signing a contract for home improvements. All cancellations must be in writing.

Last week, the Attorney General’s office issued a warning about price gouging following a significant wind storm that caused damage in Rochester and Western New York.

The Attorney General has a history of successfully cracking down on illegal price gouging. This past February, the office announced a settlement with a hotel by JFK Airport that illegally price gouged more than 300 guests during the Jonas Ice Storm in January 2016.

In the wake of Hurricane Sandy, which saw hundreds of complaints in response to some of the largest jumps in gas prices in state history, Attorney General Schneiderman filed lawsuits with more than 50 gas service stations for violations of the New York State Price Gouging Law. The monetary settlements reached in these settlements totaled more than $300,000 in penalties and costs.

The Attorney General also reached an agreement with Uber in 2014 to limit prices during “abnormal disruptions of the market” consistent with New York’s price gouging statute. Under the agreement, Uber sets a cap on its pricing during emergencies and natural disasters limited to the normal range of prices it charged in the preceding sixty days – while also limiting the allowable range of prices by excluding from the cap the three highest prices charged on different days during that period.

The Attorney General previously filed two lawsuits and reached a settlement against contractors accused of price gouging during the massive snowstorm in Greater Buffalo in November 2014. The Attorney General’s Office received complaints against two companies for charging $2,000 to remove snow for consumers. In some instances, it is charged that one of the companies failed to remove all snow from roofs, as it only agreed to remove 4 feet of snow from the gutter upward, leaving a significant amount of snow left on the roofs.

The Attorney General’s settlement with Buffalo and Orchard Park Topsoil followed an investigation which revealed that the company was charging up to $650 to remove snow from consumers’ driveways during the 2014 storm. The Attorney General’s investigation revealed $650 was at least double what other contractors were charging for the same service. The company agreed to pay restitution to each consumer in the amount it paid in excess of $300, and a fine in the amount of $150 per occurrence.

New York's price gouging law takes effect upon the occurrence of triggering events that cause an “abnormal disruption of the market.” An “abnormal disruption of the market” is defined as “any change in the market, whether actual or imminently threatened,” that results from triggering events such as “weather events, power failures, strikes, civil disorder, war, military action, national or local emergency, or other causes.” During an abnormal disruption of the market like a major weather event, all parties within the chain of distribution for any essential consumer goods or services are prohibited from charging unconscionably excessive prices. “Consumer goods” are defined by the statute as “those used, bought or rendered primarily for personal, family or household purposes.” For example, gasoline, which is vital to the health, safety and welfare of consumers, is a “consumer good” under the terms of the statute. Therefore, retailers may not charge unconscionably excessive prices for gasoline during an abnormal disruption of the market.

New York's price gouging law does not specifically define what constitutes an “unconscionably excessive price.” However, the statute provides that a price may be unconscionably excessive if: the amount charged represents a gross disparity between the price of the goods or services which were the subject of the transaction and their value measured by the price at which such consumer goods or services were sold or offered for sale by the defendant in the usual course of business immediately prior to the onset of the abnormal disruption of the market.

A.G. Schneiderman And Comptroller Dinapoli Announce Arrest Of Upstate Woman For Theft Of Over $67K In NYS Pension Benefits, $19K Welfare Fraud

Tammy Banack Allegedly Stole $67K In Pension Benefits Intended For Her Deceased Mother Over Nearly 6 Years

Defendant Also Charged With Stealing $19K In Medicaid Benefits Through Onondaga County Department Of Social Services

Schneiderman: We Will Continue Working To Root Out And Prosecute Pension And Welfare Fraud To The Fullest Extent

     Attorney General Eric T. Schneiderman and New York State Comptroller Thomas P. DiNapoli announced today the unsealing of a five-count indictment charging Tammy Banack, a resident of Kirkville, New York, with one count of Grand Larceny in the Second Degree, a class C felony, one count of Welfare Fraud in the Third Degree, a class D felony, two counts of Grand Larceny in the Third Degree, a class D felony, and one count of Offering a False Instrument for Filing in the First Degree, a class E felony.

Banack is alleged to have stolen over $67,000 in pension benefits issued by the New York State and Local Employees Retirement System to her deceased mother, Rosemary Banack, between January 2010 and July 2015. Banack is also charged with fraudulently obtaining over $19,000 in welfare benefits administered by the Onondaga County Department of Social Services by concealing the pension income on her application and re-certifications of eligibility for Medicaid assistance.

“To exploit the death of a loved one by stealing their pension benefits is reprehensible,” said Attorney General Schneiderman. “Today’s arrest sends the message that we will keep working to root out and prosecute pension and welfare fraud to the fullest extent.”

“When her mother died, Tammy Banack concealed the death from the New York State & Local Retirement System to steal $67,000,” said State Comptroller DiNapoli. “I thank Attorney General Schneiderman for partnering with us to find and prosecute those who steal public retirement funds.”

According to documents filed with the court today, Banack’s father, Anthony Banack, was a New York State pensioner who retired in 1991. At the time of his retirement, Anthony Banack selected to receive his pension as a Pop Up Joint Allowance Half, which provided him with a reduced pension benefit but allowed him to pass on pension payments to his wife, Rosemary Banack, at the time of his death. Anthony Banack died in 2004, and Rosemary Banack ultimately began to receive her share of monthly pension benefits via direct deposit to a joint bank account she held with Tammy Banack.

Rosemary Banack died on December 31, 2009. According to prosecutors, Tammy Banack is listed as the informant on her death certificate. However, prosecutors allege that Tammy Banack concealed Rosemary Banack’s death from Citizens Bank and the Retirement System, in order to maintain the joint bank account to which the pension benefits were issued. Tammy Banack then systematically accessed the account and withdrew the funds or spent them on herself as they were issued. All told, prosecutors allege Tammy Banack stole over $67,000 in pension benefits until the Retirement System discovered her mother’s death in mid-2015.

The prosecution also alleges that in November 2012, Tammy Banack applied for and wrongfully obtained Medicaid assistance with the Onondaga County Department of Social Services. According to documents filed with the Court, Banack allegedly falsely underreported her monthly income to the Onondaga County Department of Social Services by concealing the approximately $1,000 per month in pension benefits she was taking both on her original application and in two subsequent re-certifications of eligibility for benefits. As a result, prosecutors allege that Tammy Banack wrongfully obtained over $12,000 in Medicaid payments and nearly $7,000 in managed care payments she was not actually entitled to from November 2012 through July 2015.

Banack was arraigned on the indictment today before Honorable Stephen J. Dougherty in Onondaga County Court, and entered a plea of not guilty. Bail was set at $20,000 bond or cash. If convicted, Banack faces up to 5 to 15 years in state prison.

The charges are accusations and the defendant is presumed innocent unless and until proven guilty.

The case is the latest joint investigation under the Operation Integrity partnership of the Attorney General and Comptroller, which to date has resulted in dozens of convictions and more than $11 million in restitution.

Attorney General Schneiderman and Comptroller DiNapoli thanked the Onondaga County Department of Social Services for its assistance.

Comptroller DiNapoli’s investigation was handled by the Comptroller’s Division of Investigations working with the New York State and Local Retirement System.

Assemblyman Mark Gjonaj - 4th Annual Bronx Immigration Forum

Assemblyman Mark Gjonaj , Senator Jeff Klein & Assemblyman Michael Benedetto invite you to the

4th Annual Bronx Immigration Forum

Join us as we share important steps toward protecting yourself regardless of your immigration status for documented and undocumented immigrants.  Panel Discussions on Immigration policy  Community resource table  Q & A's. Thursday, April 6th,2017 5:30pm - 8:30pm Bronx House 990 Pelham Parkway S Bronx, New York 10461 Between  Bogart Ave/Hone Ave  Train to Morris Park/ Buses BX 12 SBS, BX 12 For additional information, please call, Lilyanna at (718) 655-5000