Manhattan U.S. Attorney Announces Consent Decree With Accolade Construction Group Inc. For Violating Lead Paint Safety Rules

Defendant Admits Violations and Accepts Responsibility; Agrees to Injunctive Relief and to Pay $58,000 in Disgorgement

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Catherine R. McCabe, Acting Regional Administrator for the U.S. Environmental Protection Agency (“EPA”), Region 2, announced today that the United States entered into a Consent Decree settling a civil lawsuit against Accolade Construction Group Inc. (“Accolade”) for violations of the Toxic Substances Control Act (“TSCA”) and EPA’s Renovation, Repair, and Painting Rule (“RRP Rule”).  The provisions of TSCA and the RRP Rule that Accolade violated are designed to protect public health by minimizing the risk of lead exposure during renovations of residential buildings.

Acting U.S. Attorney Joon H. Kim stated:  “Accolade repeatedly ignored rules designed to protect children and others from lead poisoning.  By requiring Accolade to turn over profits it made by evading these requirements, this Consent Decree ensures that Accolade will not benefit from its misdeeds.  And because Accolade’s future work will be subject to court oversight, the public health will be protected.”

EPA Acting Regional Administrator McCabe stated:  “Lead paint is very dangerous when it is being stripped or sanded during renovations. By not complying with EPA rules designed to ensure that the paint dust is properly handled by properly trained workers, Accolade put people, including its own workers, at risk. This Consent Decree protects the public by requiring company officials to get training to ensure that the company follows the rules in all future renovations.”

The Consent Decree, which is subject to public comment and approval by the court, will resolve a lawsuit filed in Manhattan federal court in 2015, which alleged that Accolade repeatedly violated TSCA and the RRP Rule in the course of renovating six different Manhattan apartment buildings.  The lawsuit also alleged that Accolade violated TSCA and the RRP Rule by failing to provide EPA with records necessary to enable EPA to monitor Accolade’s compliance.  Accolade committed these violations despite a prior administrative settlement with the EPA for violations of the RRP Rule.

In the Consent Decree entered today, Accolade admits, acknowledges, and accepts responsibility for the fact that it “violated the RRP Rule and, consequently, TSCA” as a result of the following conduct at each of the six buildings at issue: 

• Failing to have a certified renovator direct the renovations and to ensure that all other persons performing the renovations received training on lead-safe work practices;

• Failing to post warning signs defining the work areas and cautioning occupants and other persons to keep out;

• Failing to provide the owner of the units being renovated with an EPA pamphlet on lead hazards, The Lead-Safe Certified Guide to Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools;

• Failing to contain the renovation work areas to minimize the risk of lead exposure;

• Failing to clean the work areas after the renovations were completed to ensure that no dust, debris, or residue remained in those areas; and

• Failing to make available to EPA the records necessary to demonstrate Accolade’s compliance with the RRP Rule.

Pursuant to the Consent Decree, Accolade will disgorge $58,000 in profits obtained from the conduct alleged in the lawsuit.  Further, the Consent Decree requires Accolade’s principal to receive training before Accolade conducts future RRP Rule-covered work and requires Accolade to comply with safe work practices and other RRP Rule requirements in the future.  Failure to comply with the Consent Decree will give rise to significant penalties. 

To provide public notice and to afford members of the public the opportunity to comment on the Consent Decree, the Consent Decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval.

Acting U.S. Attorney Kim thanked the attorneys and enforcement staff at EPA Region 2 for their critical work in this matter.

This case is being handled by the Office’s Environmental Protection Unit.  Assistant U.S. Attorneys Mónica P. Folch and Sharanya Mohan are in charge of the case.

EDITOR'S NOTE:

To view the entire 49 page Consent Decree go to https://www.justice.gov/usao-sdny/press-release/file/990836/download.

Notice at the end the address of 340 Canal Street Bronx N.Y. which is just north of East 141st Street. The question is how many Bronx buildings were done, and their safety now?

BRONX MAN PLEADS GUILTY TO PROMOTING CHILD PORN; HAD MORE THAN 500 VIDEOS OF CHILDREN AS YOUNG AS 3 IN SEX ACTS

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has pleaded guilty to promotion of child pornography that depicted children as young as 3 years old being sexually abused.  

  District Attorney Clark said, “The defendant promoted disturbing videos of young children—even toddlers—engaged in sexual acts. His actions are abhorrent and we will continue to prosecute anyone who causes irreparable harm to children while hiding behind a computer screen.” 

  District Attorney Clark said the defendant, Raymond Fontanez, 43, of 175 Alexander Avenue in the Mott Haven section of the Bronx, pleaded guilty before Bronx Supreme Court Justice Robert Neary to Promoting an Obscene Sexual Performance by a Child. He will be sentenced to two to six years on Sept. 20th, 2017

  According to the investigation, a detective with the New York Police Department’s Vice/Major Case Squad saw that an Internet Protocol (IP) address was offering to share ten images and videos of child pornography. The address was traced to a computer in Fontanez’s apartment. Detectives obtained a search warrant and retrieved Fontanez’s laptop, which contained more than 500 videos and images of child pornography. The defendant did not participate in the sexual acts depicted. He was indicted for 1020 counts of child pornography promotion and possession in August 2016.

  District Attorney Clark thanked the Vice/Major Case Squad as well as Detective Phil Adaszewski and Detective Damon Gergar.

ECLIPSE TIPS: MAYOR DE BLASIO SHARES SAFETY TIPS AHEAD OF THE SOLAR ECLIPSE

New Yorkers should not look directly at the sun and should wear glasses or use hand-held solar viewers; motorists must be cautious about increased darkness.

  Mayor Bill de Blasio today recommended safety tips to New Yorkers viewing the solar eclipse on Monday, August 21. In New York City, a partial solar eclipse will occur between 1pm and 4pm – and peak at 2:44 pm, when more than 70 percent of the sun will be covered by the moon. City officials are urging New Yorkers to take proper safety precautions when enjoying this event, especially to prevent permanent damage to the eyes.

“Solar eclipses are extraordinary and beautiful cosmic events, and we want to make sure New Yorkers enjoy next Monday’s eclipse safely,” said Mayor de Blasio. “New York City is hundreds of miles from the total solar eclipse that will be experienced in the Carolinas, but a partial eclipse can also do serious and permanent damage to the eyes. Even if it’s a cloudy day, we are asking that anybody who is outside Mondayafternoon make special preparations and drive safely.”

To prepare for the eclipse, City officials recommend purchasing eclipse glasses or hand-held solar viewers that comply with the international safety standard ISO 12312-2. High-quality or dark sunglasses and homemade filters are not safe. Visit the American Astronomical Society website for a list of manufacturers and authorized dealers of glasses and solar viewers.

Before looking at the sun, check the solar viewer or eclipse glasses carefully. If they are scratched, ripped, or have holes, do not use them. Read and follow any instructions from the filter’s packaging. Do not look at the sun through a camera, a telescope, binoculars, or any other optical device while using eclipse glasses or hand-held solar viewer – the concentrated solar rays will damage the camera’s filter and serious injury to the eye.

If driving, carefully guard against direct sunlight exposure to the eyes. Also, during the 2 p.m. hour, drivers should turn on headlights.

“New Yorkers have a rare opportunity to enjoy a partial solar eclipse, one of the most awe-inspiring events in nature,” said Health Commissioner Dr. Mary T. Bassett. “Looking directly at a partial solar eclipse can permanently damage the eyes. It is best to enjoy this phenomenon safely by using proper eye protection. We ask New Yorkers to take safety precautions like using proper eclipse glasses or solar viewers.”

“When the moon blocks the sun, a solar eclipse creates one of Mother Nature’s rarest and most beautiful events,” said DOT Commissioner Polly Trottenberg.  “New Yorkers should of course enjoy this unique event, but should do so safely – with proper eye protection.  New Yorkers who have to drive on Monday should know it will be a very unusual day, with dusk-like darkness in the middle of the afternoon.  We are urging extra caution – especially in the 2pm hour, when we strongly recommend you drive with headlights.”

“New Yorkers should be able to enjoy this beautiful and rare act of nature without fear of damaging their eyes,” said Consumer Affairs Commissioner Lorelei Salas. “We want to remind consumers to only purchase solar viewers or eclipse glasses from reputable vendors and to be wary of scammers selling fake lenses. Vendors should be able to provide certification that their product complies with the International‎ Organization for Standardization's safety requirements for eye protection.” 

“Although a solar eclipse is a rare and magnificent phenomenon, viewing it without appropriate eye protection can result in a potentially blinding condition called solar retinopathy,” said Dr. Mrinali Gupta, a retina specialist at NewYork-Presbyterian/Weill Cornell Medical Center and an assistant professor of ophthalmology at Weill Cornell Medicine. “Light rays can damage the retina—the light-sensing tissue that lines the back of the eye and acts like the ‘film of the camera’ of the eye.  While solar retinopathy can occur any time someone looks directly at the sun for too long, the risk is higher during an eclipse because the partially blocked sun is easier to look at for prolonged periods of time, and because so many people are looking directly at the sun.”

On August 21, the Great American Solar Eclipse will occur as a total eclipse in a band about 70 miles wide through the American states of Oregon, Idaho, Wyoming, Nebraska, Kansas, Missouri, Illinois, Kentucky, Tennessee, Georgia, North Carolina and South Carolina. Total solar eclipses are exceedingly rare events, with New York City last experiencing one on January 24, 1925. The next major partial solar eclipse visible in New York City will be on April 8, 2024 (90 percent obscuration), while the next total solar eclipse visible in New York City will be on May 1, 2079.

JOINT STATEMENT FROM SENATOR KLEIN, ASSEMBLYMAN MARK GJONAJ AND ASSEMBLYMAN MICHAEL BENEDETTO REGARDING 2800 BRUCKNER BOULEVARD

Last night, it came to our attention that Michael Fernades, the "owner" of 2800 Bruckner Blvd, indicated that he would be opening social service offices with reimbursement coming through his partnership with ACP, a Medicaid Service Provider. Since Medicaid is a state-run program, we immediately looked into his claims. Upon further discussion with both Advantage Care Physicians (ACPNY) and Advocate Community Partners (ACP), neither of these providers are working with Michael Fernades, or his company Steward Redevelopment to bring services to 2800 Bruckner Blvd. So we ask again Mr. Fernades -- what are you planning to do with 2800 Bruckner and why won't you come before Community Board 10 with your real plans?

Engel, House Dems Introduce Resolution to Censure President

  Congressman Eliot L. Engel issued the following statement after cosponsoring a resolution to censure President Trump for his response to the violence in Charlottesville, Virginia:

“President Trump’s response to the violence in Charlottesville was a disgrace to the office of the President. In equating the actions of counter protesters to those of white supremacists and Nazis, he displayed a callousness that cannot be ignored or trivialized. His defense of individuals who stood on the side of white nationalists, saying some of them were ‘very fine people,’ was outrageous. His words were an affront to our shared American values and deserve our condemnation, which is why my colleagues and I have taken this extraordinary step to introduce a resolution to censure. We must send a clear message to the President that this type of rhetoric is not acceptable from the Commander-in-Chief.”   

RESOLUTION

Censuring and condemning President Donald Trump.

Whereas on August 11, 2017 in Charlottesville, Virginia, a gathering of white supremacists, including neo-Nazis, Ku Klux Klan (KKK) members, and other white nationalist groups, marched through the streets with torches as part of a coordinated ‘Unite the Right’ rally spewing racism, anti-Semitism, bigotry and hatred;

Whereas on August 12, 2017 in Charlottesville, Virginia, a car driven by James Alex Fields, Jr. rammed into a crowd of counter-protestors, killing Heather Heyer and injuring 20 others;

Whereas President Donald Trump’s immediate public comments rebuked “many sides” for the violence in Charlottesville, Virginia, and failed to specifically condemn the ‘Unite the Right’ rally or cite the white supremacist, neo-Nazi gathering as responsible for actions of domestic terrorism;

Whereas on August 15, 2017 President Donald Trump held a press conference at Trump Tower where he re-asserted that “both sides” were to blame for the violence in Charlottesville, Virginia, and attempted to create a moral equivalency between white supremacist, KKK, neo-Nazi groups and those counter-protesting the ‘Unite the Right’ rally;

Whereas President Donald Trump has surrounded himself with, and cultivated the influence of, senior advisors and spokespeople who have long histories of promoting white nationalist, racist and anti-Semitic principles and policies within the country;

Whereas President Donald Trump has provided encouragement and little to no denunciation of white supremacist groups and individuals who promote their bigoted, nationalist ideology and policies;

Whereas President Donald Trump has failed to provide adequate condemnation and assure the American people of his resolve to opposing domestic terrorism: Now, therefore, be it

Resolved, That the House of Representatives—

(1)   does hereby censure and condemn President Donald Trump for his inadequate response to the violence in Charlottesville, Virginia on August 12, 2017, his failure to immediately and specifically name and condemn the white supremacist groups responsible for actions of domestic terrorism, for re-asserting that “both sides” were to blame and excusing the violent behavior of participants in the ‘Unite the Right’ rally, and for employing people with ties to white supremacist movements in the White House, such as Steve Bannon and Sebastian Gorka; and

(2)   does hereby urge President Donald Trump to fire any and all White House advisors who have urged him to cater to the white supremacist movement in the United States.

Members have signed on as cosponsors:  Joe Crowley (D-NY), Sheila Jackson-Lee (D-TX), Grace Napolitano (D-CA), Nydia Velazquez (D-NY), Bill Foster (D-IL), Diana DeGette (D-CO), Adriano Espaillat (D-NY), Scott Peters (D-CA), Donald Payne, Jr. (D-NJ), Marcia Fudge (D-OH), Carolyn Maloney (D-NY), Paul Tonko (D-NY), Al Lawson (D-FL), Rick Larsen (D-WA), Frank Pallone (D-NJ), Raul Grijalva (D-AZ), Greg Meeks (D-NY), Steve Cohen (D-TN), Tim Walz (D-MN), Yvette Clarke (D-NY), Stephen Lynch (D-MA), Julia Brownley (D-CA), Eliot Engel (D-NY), David Loebsack (D-IA), Jan Schakowsky (D-IL), Debbie Dingell (D-MI), Barbara Lee (D-CA), Anthony Brown (D-MD), David Cicilline (D-RI), Jared Huffman (D-CA), Hank Johnson (D-GA), Jose Serrano (D-NY), Jamie Raskin (D-MD), Bennie Thompson (D-MS), Al Green (D-TX), Mark Takano (D-CA), Grace Meng (D-NY), Mark Pocan (D-WI), Maxine Waters (D-CA), Luis Gutierrez (D-IL), Brenda Lawrence (D-MI), Don Beyer (D-VA), Carol Shea-Porter (D-NH), Ted Lieu (D-CA), Karen Bass (D-CA), Adam Smith (D-WA), William Lacy Clay (D-MO), Brad Schneider (D-IL), Gerald E. Connolly (D-VA), Hakeem Jeffries (D-NY), Chellie Pingree (D-ME), Norma Torres (D-CA), Dwight Evans (D-PA), Albio Sires (D-NJ), Mike Quigley (D-IL), Donald McEachin (D-VA), Earl Blumenauer (D-OR), Brian Higgins (D-NY), Bill Pascrell, Jr. (D-NJ), Ben Ray Lujan (D-NM), James Langevin (D-RI), Dan Lipinski (D-IL), Jacky Rosen (D-NV), Brad Sherman (D-CA), Nita Lowey (D-NY), Mark DeSaulnier (D-CA), Ruben Kihuen (D-NV), Louise Slaughter (D-NY), Suzanne Bonamici (D-OR), Michelle Lujan Grisham (D-NM), Alan Lowenthal (D-CA), Alma Adams (D-NC), Robin Kelly (D-IL), Jimmy Gomez (D-CA), Jim McGovern (D-MA), Michael Capuano (D-MA).

Salamanca Secures $300,000 for Leon Senior Center to Update Gardens

  Council Member Salamanca surprised senior citizens from the community at the Douglas Leon Senior Center today to announce that he has secured $300,000 to utilize for a complete upgrade of their outdoor patio and garden. The outdoor space has fallen into disrepair in recent years, and was badly in need of an upgrade. 

For years, seniors have advocated for funding and improvements to be made, but with funding scarce, work has been long overdue. Now, with the $300,000 secured through the City Council, work will be able to be completed. 

"I cannot think of a better way to utilize city capital funding than this, in a way that will allow for the seniors in our community to socialize with friends, garden and just enjoy themselves," said Council Member Salamanca. "This funding was long overdue, and I look forward to continuing to assist our seniors as best I can." 

Along with the Leon Senior Center, located on 152nd Street and Concord Ave in Melrose, Salamanca has has invested over $3.1 million to support our seniors, with funding going to South Bronx senior centers, new senior affordable housing, senior center improvements, and meal programs.

13th City Council Democratic Primary - UPDATE

  Former 13th City Council candidate Victor Ortiz (pictured above in the white shirt and gold tie) was knocked off the ballot when his petition was challenged, and after the Board of Elections had ruled in favor of his challenger Ms. Rebecca Chant. The Specifications of the objection had taken the approx. 1,500 signatures handed in by candidate Ortiz to below the needed 450 valid signatures. The only way to get back on the ballot was for Mr. Ortiz to go to court to Validate his petition which would possibly change enough of The Board of Elections rulings to make Mr. Ortiz, candidate Victor Ortiz again. 

  After getting a Petition to Validate, and some very hard work by Mr. Victor Ortiz he had proven to the court that he had found more than enough signatures that were ruled invalid by the Board of Elections to be valid signatures. This is not uncommon as this is the way used to get back on the ballot by candidates who feel they did meet the minimum required number of signatures.

There is also a process called Petition to Invalidate when a challenger believes that there may have been signatures ruled valid, but that the Board of Elections does not rule on certain items which can be similar hand writing, and varying degrees of fraud. That was not the case here as there was no Petition to Invalidate against Mr. Ortiz's petition. 

Congratulations to Mr. Victor Ortiz for being reinstated to the ballot for the September 12th Democratic primary. There are still several questions to be answered such as why Ms. Chant challenged Mr. Ortiz's petition, and if the other candidate Alex Gomez that was knocked off by Ms. Chant is to be also returned to the ballot or not. 

Manhattan U.S. Attorney Announces Conviction Of Rikers Island Correction Officer In Connection With Cover-Up Of Inmate Assault

Officer Rodiny Calypso Convicted of Filing a False Report

  Joon H. Kim, Acting United States Attorney for the Southern District of New York, announced today that RODINY CALYPSO, a New York City Correction Officer, was convicted yesterday of filing a false report in connection with the assault of a handcuffed inmate at Rikers Island.  The jury acquitted the defendant on one count of violating the inmate’s civil rights and one count of obstruction of justice.  The jury returned the verdict after a one-week trial before the Honorable Valerie E. Caproni.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Prisoners at Rikers Island have the same constitutional rights we all enjoy, and corrections officers do not have the right to abuse inmates in their custody and care.  Rodiny Calypso’s lies about his use of force undermined the investigation into his brutal beating of a handcuffed, defenseless inmate.  We will continue to aggressively protect the rights of prisoners and the integrity of investigations into uses of force to ensure that justice reaches everywhere, including isolated corners of Rikers Island.”

According to the Complaint, Indictment, and evidence presented at trial:

Rikers Island is a jail complex, located in the Bronx, New York, maintained by the New York City Department of Correction.  At the time of his assault, the inmate (“Inmate-1”) was a pretrial detainee in the Otis Bantum Correctional Center (“OBCC”), a facility that houses, among other inmates, inmates in need of maximum security.  Inmate-1 was housed in 5 North, a dormitory area within the OBCC in which inmates were generally kept in solitary confinement in individual cells for 23 hours per day.  The shower facilities within 5 North were individual stalls, to be occupied by one inmate at a time, and to which inmates were brought handcuffed, then uncuffed through a port in the shower stall door, and then handcuffed again through the port before being brought out of the stalls by correction officers.

The Assault and Cover-Up

Shortly before noon on February 27, 2014, CALYPSO relieved another correction officer at 5 North while Inmate-1 was in the shower.  Inmate-1 and CALYPSO had an extended and heated verbal exchange, during which CALYPSO picked up some personal items Inmate-1 had dropped outside the door through the port.  At one point, CALYPSO stepped away from the door and spoke to a fellow correction officer one level down within the dorm area.  That person left the dorm area and returned with another officer (“Officer-1”).

CALYPSO rear-cuffed Inmate-1 for removal, and then opened the door to the shower stall.  Within seconds, CALYPSO punched Inmate-1 several times in the face.  He followed Inmate-1 into the shower area, where he put Inmate-1 into a headlock and punched him several more times in the head.  CALYPSO began to lose his footing at this point, and clung to Inmate-1’s side.  Officer-1 then arrived outside the stall.  As Officer-1 restrained Inmate-1, CALYPSO regained his footing and elbowed Inmate-1 repeatedly – approximately five times – in the head.  As a result of the assault, Inmate-1 suffered lacerations to his face and the back of his head.  The entire assault was captured on surveillance video and witnessed by multiple inmates whose cells were positioned across from the shower area.

The New York City Department of Correction issues directives governing the circumstances under which the use of force against inmates is appropriate.  Under these directives, when a restrained inmate is still dangerous to himself and others, force is to be used as a last resort.  The directives also dictate that any use of force must be reported – on a “Use of Force” report that is filled out truthfully and promptly.

A full day after the assault, in violation of the directives, CALYPSO filled out a “Use of Force” report on which he was supposed to report truthfully the circumstances of that assault.  In this report, CALYPSO attempted to justify his conduct by lying about how he and Inmate-1 had acted.  He mischaracterized and misstated portions of the assault, omitting the close-fisted punches he delivered to Inmate-1 while holding him in a headlock and claiming that he had hit  Inmate-1 only in the “upper torso” area.           

RODINY CALYPSO, 38, of Springfield Gardens, New York, was convicted of one count of filing a false form.   CALYPSO faces a maximum sentence of 20 years in prison.  The maximum potential sentence in this case is prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.  CALYPSO is scheduled to be sentenced on November 30, 2017.

Mr. Kim praised the investigative work of the Federal Bureau of Investigation.  Mr. Kim also thanked the New York City Department of Investigation, the New York City Department of Correction, Investigative Division, and the Bronx District Attorney’s Office for their assistance in the investigation, which remains ongoing.