Manhattan U.S. Attorney Obtains Judgment Against Bronx Pastor/Retired Assistant Principal For Fraudulently Retaining Deceased Father’s Social Security Benefits For 14 Years

Defendant Admits to Misappropriating Father’s Benefits Despite Six-Figure Earnings; Must Pay Back Benefits in Full Plus Additional Damages

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and John Grasso, the Special Agent in Charge of the United States Social Security Administration, Office of the Inspector General, announced today the entry of a $330,284 consent judgment against TORRENCE ROBINSON (“ROBINSON”), a Bronx pastor and recently retired New York City assistant principal, for fraudulently misappropriating Social Security retirement benefits.  The consent judgment, along with a Stipulation and Order of Settlement (the “Stipulation”), resolves the United States’ civil claims against ROBINSON, brought under the False Claims Act in a complaint filed on October 5, 2016.  Both the consent judgment and Stipulation were entered today by U.S. District Judge Valerie E. Caproni.

Acting U.S. Attorney Joon H. Kim said:  “Social Security is a critical but limited resource that millions of Americans depend on in retirement.  We will not tolerate abuse of this common good.  Relatives of deceased beneficiaries have an obligation to notify the Social Security Administration, and those who choose to pocket the cash will be held to account.”

Special Agent in Charge John Grasso said:  “This consent judgment should serve as a warning to people who choose to selfishly defraud the Social Security Trust Fund. Such individuals are not only liable for the money that they stole, but potentially additional monetary penalties under the False Claim Act.  Our Office vigorously pursues these cases criminally, civilly, and administratively to the fullest extent of the law.  I strongly encourage the public to report suspected instances of Social Security fraud to the OIG’s Fraud Hotline at 1-800-269-0271 or https://oig.ssa.gov/report.”

This Office filed a civil fraud suit against ROBINSON under the False Claims Act and common law alleging that he misappropriated more than $200,000 in Social Security benefits between 1999 and 2013.  These benefits had been paid by the Social Security Administration to Robinson’s father after his father had died.  The False Claims Act was amended in 2009 to cover persons who knowingly conceal or improperly avoid repaying amounts owed to the Government, regardless of whether a false claim or statement is made.  Thus, those who misappropriate Social Security benefits paid to deceased relatives after 2009 may be subject to treble damages and penalties under the False Claims Act.  Up until 2009, the Government could recover only single damages in such cases, in common-law court actions.

Under the Stipulation, ROBINSON agreed to a judgment in the amount of $330,284, representing the amount of benefits he took plus additional damages under the False Claims Act for conduct occurring after the law was amended in 2009.

ROBINSON, 65, of New Windsor, New York, further admitted and accepted responsibility for misappropriating $214,994 in payments from the Social Security Administration.  Specifically, ROBINSON admitted that after his father died in 1999, ROBINSON maintained access to a joint bank account into which his father’s Social Security retirement benefits continued to be deposited, and ROBINSON redirected those funds for his own use until 2013.  During this time, ROBINSON was employed as the pastor of a Bronx church and as a New York City assistant principal, earning well over six figures from his positions.  ROBINSON also admitted that he was aware that he had no right to the payments and that he was obligated to inform the Social Security Administration of the death of his father and to return the payments, but failed to do so.   

Mr. Kim thanked the Social Security Administration’s Office of Inspector General for its investigative work.

A.G. Schneiderman Announces $298K Settlement With New Rochelle Nissan Dealership For Illegally Charging Consumers For Bogus Theft Protection Product

Nearly 300 Consumers Will Receive Over $270,000 In Restitution From AG’s Settlement

  Attorney General Eric T. Schneiderman announced a $298,000 settlement with Pana Nissan, LLC (d/b/a Nissan of New Rochelle) for deceptively charging hundreds of consumers for an unwanted and bogus anti-theft product that cost up to thousands of dollars per consumer. This item, known as an “after-sale” product, was often added onto the final cost of the vehicle without the consumer’s knowledge or consent, after the customer had agreed upon the purchase price of a vehicle but before the sale transaction was finalized.

“Consumers should not have to worry that they are being scammed into adding on bogus products and services when they purchase a car,” said Attorney General Schneiderman. “Buying a car is already a major investment for many families, and tacking on thousands of dollars extra can become a significant financial burden. I am pleased that we are able to return hundreds of thousands of dollars in restitution to the nearly 300 consumers who were scammed and defrauded.”

Following a consumer complaint in August 2015 that Nissan of New Rochelle had fraudulently sold an after-sale product, the office commenced an investigation into the dealership’s practices. The investigation found that Nissan of New Rochelle sold hundreds of consumers a product called Total Loss Protection, which was meant to serve as a theft deterrent.  Consumers were charged amounts ranging from $215 to over $5,000. In many instances, Nissan of New Rochelle added this fee onto the final sales price without the knowledge or consent of the consumers. As a result, the final price paid by the consumers was inflated by the amount charged for the after-sale product.

Furthermore, Nissan of New Rochelle failed to clearly disclose the nature of the after-sale product to its customers. The “Total Loss Protection” or “Total Loss Protection Guarantee” product was advertised as a permanent etch or engraving of the vehicle’s VIN, or a registered serial number, on the windows of the vehicle – supposedly to deter theft. However, Nissan of New Rochelle did not actually etch the VIN onto the windows of the vehicles. Instead, for some vehicles, the dealership placed sticker decals with assigned registration numbers on the inside of the door or door-jamb where no one could see them, thus having no deterrent effect. For other vehicles, the dealership did not even provide stickers or decals.

Consumers were also led to believe that there would be a guaranteed credit up to either $3,000 or $5,000 towards the purchase of a new vehicle should their car be stolen. However, there were numerous conditions and limitations – such as that the credit would not be applied if it eliminated the dealership’s profit on the sale – which rendered the “credit” illusory. Only one consumer ever received a credit through the Total Loss Protection program.

Under the agreement, Nissan of New Rochelle will refund $276,127 to 298 consumers who were charged an add-on fee for the Total Loss Protection product. In addition to restitution, the dealership will also pay $22,084 in penalties, fees, and costs to the State. The dealership has also agreed to certain reforms to its sales practices, including:

• Fully disclosing that any and all after-sale services or products are optional and that the price is negotiable;
• Clearly explaining to each consumer any and all after-sale services or products being offered by the dealership; and
• Only adding an after-sale service or product to the final bill with the knowledge and full consent of the consumer.

This settlement is part of the Attorney General’s wider initiative to end the practice engaged in by many dealers of “jamming,” or unlawfully charging consumers for products and services without their knowledge or consent.

BRONX DISTRICT ATTORNEY DARCEL D. CLARK DISMISSES NEARLY 160,000 OPEN SUMMONS WARRANTS IN UNPRECEDENTED MOVE

Low-Level Warrants More Than 10 Years Old Vacated 

  Bronx District Attorney Darcel D. Clark today announced the dismissal of nearly 160,000 summons warrants involving low-level, quality of life offenses that are 10 or more years old, allowing thousands of Bronxites to advance their lives. 

  District Attorney Clark appeared today before Honorable George Grasso, Supervising Judge of Bronx Criminal Court, in the Bronx Hall of Justice and moved to dismiss 159,394 outstanding summons warrants that were issued in the Bronx. 

  District Attorney Clark said, “These 159, 394 summonses are 10 years or older and are for minor offenses such as drinking alcohol in public or riding a bicycle on a sidewalk. We know that quality of life is important to the community, but given the ten year passage of time, and many of these offenses are now decriminalized, these offenses no longer pose public safety concerns that would justify jailing people.

  “In addition to leading to jail, an unresolved warrant can pose obstacles to employment, obtaining citizenship, housing or educational opportunities, and prevent people from becoming productive members of society. 

  “The people who have these warrants have not been in trouble with the law for a decade or more, and it is time that they are given the opportunity to live productive lives, free from summonses hanging over their heads. As a result, I move to vacate and to dismiss these matters in the interest of justice.

  “After consultation with the other NYC District Attorneys, the Mayor’s Office of Criminal Justice, The NYPD, the City Council and the Office of Court Administration, I submit that this is simply the right thing to do.”

  Judge Grasso granted the motion, saying, “I credit the Office of the District Attorney to take the initiative … I am going to grant the motion to vacate. I dismiss each case in the furtherance of justice.”

  The warrants stem from outstanding summonses issued for minor offenses including littering, loitering, riding a bicycle on the sidewalk, open container violations, public urination, noise violations, being in a park after dark, various subway offenses, unlawful possession of marijuana and disorderly conduct.

  The Brooklyn, Manhattan and Queens District Attorneys also moved to dismiss open warrants in their boroughs today, allowing for a total of 645,000 warrants to be vacated out of the 1.5 million outstanding summons warrants.

  Judge Grasso ordered that the NYPD not arrest people on these warrants and that the court clerks not calendar them for 90 days to provide enough time to enter the voluminous information into the court and NYPD databases.

EDITOR'S NOTE TO A-TEAM:

Charges dropped.

Ulrich, Local Leaders Rally in Support of Bringing Spin to the Rockaway Peninsula

This item is up because it is an alternative to the monopoly and high prices that Citibike has.

The Bike Share Company Seeks to Provide Transportation Alternatives to a Community Citi Bike Has Refused to Expand to

  Assembly Member Stacey Pheffer Amato (left), State Sen. Joseph Addabbo (center), and Councilman Eric Ulrich (right) ride in protest of Mayor de Blasio's cease-and-desist letter to the bike share company.

  Councilman Eric Ulrich, State Sen. Joseph Addabbo, Assemblywoman Stacey Pheffer Amato, Community Board 14 Chair Dolores Orr, Rockaway Beach Civic Association (RBCA) President John Cori, and other community leaders rallied in support of bringing Spin, a dockless bike share company, to the Rockaway Peninsula.

The San Francisco-based bike share company had initially planned to launch a pop-up pilot program this past Monday, but just three days prior, on August 11, Mayor de Blasio and the Dept. of Transportation (DOT) ordered Spin cease-and-desist operations in the Rockaways - a community that Citi Bike has refused to expand to.

"My office has been reaching out to Citi Bike for years to request they expand into the Rockaways, but they have refused. My constituents are starving for transportation alternatives, but our Mayor would rather protect a public monopoly than expand sensible bike sharing," Councilman Ulrich said. "Spin has offered to hire locally and collaborate with area businesses in a community that Citi Bike and the City continues to ignore."

An earlier report, which cites "a source familiar with the negotiations with the City," claims that Citi Bike offered to roll out to the Rockaways, but that its proposal fell through. A 2016 email exchange between Ulrich's office and a Citi Bike rep indicate otherwise, with the rep apologizing for "the radio silence" and  flat out rejecting an expansion to the Peninsula.

"Apologies for the radio silence and thank you for following up," the Citi Bike rep writes in the email. "I appreciate the guidance you gave us about station placement etc., but unfortunately we're moving in a different direction this summer and will have to shelve this idea for now."

"The Mayor talks about a 'tale of two cities,' but seems to have forgotten that outer-borough communities, like the Rockaways, also have needs," Councilman Ulrich said. "Companies like Spin can help to fill the void in these underserved areas, but de Blasio would rather side with the special interests than the people of New York City." 

Other local electeds echoed in Ulrich's sentiments, criticizing the City for putting the brakes on Spin's pilot program, which would have placed 100 to 150 Spin bikes along the Peninsula. 

"People all across this city should have access to affordable, feasible bicycle rentals - especially those individuals outside of Manhattan and in geographically isolated areas like Rockaway," State Senator Joseph Addabbo said. "I am hopeful that the Mayor's Administration, along with its NYC DOT, can come to a professional agreement with Spin, in order to allow people to benefit from a credible service provider and enjoy the accommodation of having accessibility to bicycle rentals."

"The New York City bureaucracy should be there to help solve problems; but here, they're creating one," Assemblywoman Stacey Pheffer Amato said. "Councilman Eric Ulrich has been trying to get us bike sharing, which would be a good step toward fixing our lack of transit options. It seems like the City both ignored our request for bikes and then blocked us when we tried to get our own."

"Community Board 14 is excited about Spin and their alternative dockless bike share system hopefully coming to the Rockaways, a community hungry for transportation alternatives," Community Board 14 Chair Dolores Orr said.

Spin has committed to hire locally to manage operations, balance bike distribution, monitor usage and ensure high service standards. Instead of competing with businesses along and near the boardwalk, Spin plans to utilize the Peninsula's many resources.

Repairs to Spin's bicycles have been contracted out Paul's Bicycle Shop, which would help boost business and will serve as a model for future.

Bronx Borough President -Bronx Summer Concert Series

ELECTED OFFICIALS ANNOUNCE THE ANNUAL MORRISON AVENUE FESTIVAL

State Senator Rubén Díaz, together with Assemblymen Marcos Crespo, Luis Sepúlveda, City Council Member Rafael Salamanca and Freddy Perez’s Entertainment; invite the community to the sixteenth (16) Anniversary of the Morrison Festival in Bronx County. 

This Saturday, August 19, more than five thousand (5,000) people are expected during the annual Morrison Avenue Festival, beginning at 12 noon to 6 pm between, Westchester and Watson Avenue in Bronx County.

For the past 16 years, the Morrison Avenue Festival has been coordinated by Freddy Perez Entertainment, who this year, has contracted Charlie Aponte (former singer of Gran Combo de Puerto Rico and “Nayibe La Gitana” among other attractions.

I look forward to another successful Morrison Avenue Festival, and to seeing our Bronx families and children enjoy this very special event.

Transportation: Train #6, Buses #4 & 27 to Morrison Avenue Station. 

For more information, please contact Leila Martinez at 718-991-3161. 

BRONXRALK 13TH COUNCIL DEMOCRATIC DEBATE

  Gary Axelbank goes over the rules of the debate with the four Democratic Candidates for the 13th Council District. Since this was a Democratic debate, Republican candidate John Cerini was not present.

The candidates await the questions from Mr. Axelbank. L-r, Assemblyman Mark Gjonaj, District leader Marjorie Velazquez, Community Activist John Doyle, and Egidio Sementelli who ran for the seat in 2005 against the current Councilman Jimmy Vacca.

After the one hour debate host Gary Axelbank stands with the four Democratic candidates. How did the debate go? If you did not see it reruns will be on all week on Bronxnet TV, or you can go to the Bronxnet website at www.bronxnet.org and go to the Bronxtalk icon to find the show. 

The debate went well with the three top candidates showing their professionalism. There were a few jabs at Assemblyman Gjonaj, but he was able to take the High Road. In my opinion his opponents are going have to try harder to show why they are the better choice. 

Bronx Borough President - Back to School Literacy & Health Fair.