Saturday, August 19, 2017

Fair in Westchester Square




The Family of Christ International Ministries Inc. Church (located at nearby 1448 Ferris Place) took over Owen Dolan Park today for a day of food and fun provided by the church.


Above - Hot Dogs, Hamburgers, water, and watermelon was given out to those who came to this event.
Below - Costco which does not have a store in the Bronx attended, and told me they are looking for a Bronx site like some of their competitors have set up shop in the Bronx.




Above - The New York Public Library local Throggs Neck branch was on hand with a lot of information, and limited items to give away. In the background you can see that a mural is being painted by those who wanted to brush up on their artistry. 
Below - You can see that across the street from the park is the campaign office of 13th City Council candidate Marjorie Velazquez. I went over to try to get answers from the Velazquez campaign on campaign worker Rebecca Chant who was also the challenger to two of candidate Velazquez's opponents. A campaign worker came to the door and said that no one was in, but that is another story to be told.


DOI STATEMENT ON CONVICTION OF CITY CORRECTION OFFICER IN COVER UP


  Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), issued the following statement on the conviction of City Correction Officer RODINY CALYPSO on a charge of covering up his use of force on an inmate by filing a false report with the City Department of Correction (“DOC”). DOI conducted the investigation in conjunction with its federal law enforcement partners, and testified at the trial in the United States District Court for the Southern District of New York. CALYPSO was convicted by a federal jury on Wednesday, August 16, 2017. The use of force against the inmate took place in February 2014 in a shower at Otis Bantum Correctional Center on Rikers Island. Following the incident, CALYPSO filed a Use of Force report with DOC claiming an inmate spit on him, omitting punches he delivered while holding the inmate in a headlock. A video obtained by DOI disputed the assertions CALYPSO made in his report.

  DOI Commissioner Mark G. Peters said, “This Correction Officer betrayed his oath to protect safety and security in the City’s jails when he used force against an inmate and then covered up his conduct by fabricating a story that the inmate was the aggressor. The jury’s conviction in this case stands as a firm reminder that cover ups and lies by our City’s Correction Officers will not be tolerated.”

  The video of the use of force against the inmate can be seen by this link: http://www1.nyc.gov/assets/doi/videos/Rikers.mp4

  CALYPSO, 38, of Springfield Gardens, N.Y., is scheduled to be sentenced on November 30, 2017. He began working at DOC on August 2014 and has been suspended since his arrest. He receives an annual base salary of $76,500.

  To date, DOI’s investigations into DOC have resulted in the arrest of 43 Correction Officers and other DOC staff.

  DOI Commissioner Mark G. Peters thanked Joon H. Kim, Acting United States Attorney for the Southern District of New York, and his staff, and the Federal Bureau of Investigation, for their partnership on this investigation.

FORMER OFFICIALS OF CENTRAL UNITED TALMUDIC ACADEMY INDICTED IN $3 MILLION FRAUD SCHEME


Defendants Fraudulently Submitted Reimbursement Claims for School Meals That Were Never Served

  A five-count indictment was unsealed today in United States District Court for the Eastern District of New York charging Elozer Porges and Joel Lowy, the former Executive Director and former Assistant Director, respectively, of the school system known as Central United Talmudic Academy (CUTA) in Brooklyn, New York, with one count of conspiracy to commit mail and wire fraud and four counts of mail fraud. The defendants are scheduled to be arraigned this afternoon before United States Magistrate Judge Viktor V. Pohorelsky at the Brooklyn federal courthouse. 

  The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in Charge, Federal Bureau of Investigation, New York Field Office (FBI), Mark Peters, Commissioner, New York City Department of Investigation, and Special Agent-in-Charge, Bethanne M. Dinkins, United States Department of Agriculture, Office of Inspector General.

  As alleged in the indictment, between 2013 and 2015, Porges and Lowy submitted documents to the New York State Department of Health (NYSDOH) that falsely claimed that school children had received meals which, in fact, they had never been served. The defendants fraudulently inflated the number of meals served at various CUTA schools in order to obtain larger reimbursement payments pursuant to the federal government’s Child and Adult Care Food Program (CACFP). The CACFP is a program designed to assist schools and other institutions in providing meals to, among others, at-risk children. In total, Porges and Lowy, based on their false representations, fraudulently obtained approximately $3 million in reimbursement payments to CUTA

  “Former CUTA Executive Director Porges and Assistant Director Lowy allegedly obtained $3 million from a federal program designed to fund meals for needy children by claiming to have served meals they did not serve, thus undermining a program designed to assist the most vulnerable members of our community,” stated Acting United States Attorney Rohde. “We will continue to work closely with our law enforcement partners to root out fraudulent schemes that misuse public funds.”

  “The Child and Adult Care Food Program strives to provide for at-risk children, and as school officials, Porges and Lowy should have strived to do the same,” stated Assistant Director-in-Charge Sweeney. “Instead, they allegedly falsified documents to gain approximately $3 million in reimbursement for meals that were never served. To defraud programs designed to help those in need is simply inexcusable, and we will work relentlessly with our law enforcement partners to thoroughly investigate these frauds.”

  “As charged, these defendants stole food from children in need by diverting millions of dollars in public funds intended to pay for their dinners,” stated DOI Commissioner Peters. “Public funds must be spent for public purposes and, when they are not, DOI will expose the fraud and arrest the wrongdoers. DOI thanks our dedicated law enforcement partners on this case: the United States Attorney’s Office for the Eastern District of New York, the Federal Bureau of Investigation, and the Office of the Inspector General for the United States Department of Agriculture.”

  “The Child and Adult Care Food Program (CACFP) was created to provide nutrition assistance to children and adults who are truly in need,” stated Special Agent-in-Charge Dinkins. “Those involved in fraud and abuse of USDA feeding programs will be investigated by our office to the fullest extent. In this joint investigation with the Federal Bureau of Investigation and the New York City Department of Investigation, we worked together to identify and hold accountable those who sought to profit from the CACFP through illegal schemes. The USDA, Office of Inspector General will continue to dedicate investigative resources, working with our law enforcement and prosecutorial partners, to protect the integrity of these programs and bring to justice those who commit fraud.”

  The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face up to 20 years’ imprisonment on the conspiracy to commit wire fraud and mail fraud count, as well as on each of the mail fraud counts.

  The Defendants: 
ELOZER PORGES Age: 43 Brooklyn, NY 
JOEL LOWY Age: 29 Brooklyn, NY 
E.D.N.Y. Docket No. 17-CR-431 (NGG)

Free Community BBQ Sat. August 26th Assemblyman Sepulveda and State Senator Ruben Diaz Sr.


NYCHA Melrose Houses to Receive $3 Million for Much Needed Security Upgrades


Funding from Council Member Salamanca will allow for 'layered access' 


Council Member Salamanca and Bronx District Attorney Darcel D. Clark were on hand to announce Salamanca has secured $3 million for security improvements at Melrose Houses

Today, Council Member Rafael Salamanca, Jr. was joined by Bronx District Attorney Darcel D. Clark and residents of NYCHA"s Melrose Houses at their annual family day to announce that he has secured $3 million dollars to be utilized for security upgrades, including 'layered access' door locking systems. 


"I'm pleased to be joined by our District Attorney for what is a very big deal that I hope will help Melrose Houses residents feel safer in their homes," said Council Member Salamanca. "With this $3 million in funding, we'll be able to make much needed safety improvements, and I hope to replicate this allocation with additional dollars for our other NYCHA developments in the South Bronx as well." 

NYCHA’s Layered Access Control Program can provide further security for storefronts and building entry doors for tenant security. Components of the Layered Access Control Program include electronic access with key tags (or “key fobs”), a direct call intercom system, and new door locks.

In recent years, Melrose Houses has been the scene of numerous heinous crimes, including a murder in 2015 that occurred in a stairwell of one of the development's towers. Layered access will almost certainly help to prevent non-tenants from entering easily, thus lowering crime. 

Since taking office, Council Member Salamanca has made NYCHA families a priority, with over $3.2 million secured for improvements to our NYCHA buildings, increased safety in developments and for tenant association programming.


Additionally, Salamanca has allocated funding our local police precincts to be utilized for community engagement and other safety needs in the area.  Salamanca has fought for additional resources in the 40th precinct in particular, including for patrol officers.

Attorney General Schneiderman And Governor Cuomo Announce New York State Suing U.S. Environmental Protection Agency Over Eastern Long Island Sound Disposal Site Designation


Lawsuit Filed By New York State Cites Ocean Dumping Act And Coastal Zone Management Act Violations And EPA’s Failure To Address Environmental Impacts On The Long Island Sound

  Attorney General Eric T. Schneiderman and Governor Andrew M. Cuomo today announced that New York State has filed a lawsuit against the United States Environmental Protection Agency in the U.S. District Court for the Eastern District of New York challenging EPA’s decision to designate a permanent open water disposal site in eastern Long Island Sound for tens of millions of cubic yards of dredged sediments. The EPA’s site designation violates the Ocean Dumping Act and the Coastal Zone Management Act. 

“Our waters are not dumping grounds. EPA’s first job is to protect our natural resources – yet by designating this unneeded disposal site, EPA is allowing huge amounts of dredged waste to be poured into yet another area of the Long Island Sound. That’s unacceptable,” said Attorney General Schneiderman. “We won’t hesitate to act when the federal government fails to uphold its obligation to protect New Yorkers’ health and environment.”
“We will continue to do everything in our power to protect New York’s environment, and with the EPA’s unfathomable and destructive decision to turn the eastern Long Island Sound into a dumping ground – now is the time for action,” Governor Cuomo said. “We will establish that this designation not only poses a major threat to a significant commercial and recreational resource, but that it also undermines New York’s long-standing efforts to end dumping in our treasured waters.”
In August 2016, the Governor announced New York's intention to fight the EPA's designation of the eastern Long Island Sound disposal site because of its adverse effects to the waterway. Subsequently, the New York Department of State objected the EPA’s proposed site designation as being inconsistent with the Long Island Sound Coastal Management Program policies. In December 2016, New York State filed a Notice of Intent to Sue immediately after the EPA finalized its designation.
“New York’s waters remain one of our State’s most valuable and cherished assets,” said New York Secretary of State Rossana Rosado. “This action directed by Governor Cuomo to protect Long Island Sound sends a clear message that he will utilize any and all legal means to prevent any use of the Eastern Site as we continue efforts to safeguard this and other natural resources throughout the state.”
“The Long Island Sound is a vital economic and ecological treasure that needs to be protected – not undermined by the U.S. EPA’s outdated dredging management decisions,” said Basil Seggos, Commissioner of the New York State Department of Environmental Conservation. “Governor Cuomo has made it clear that New York State will not tolerate the federal government gutting its commitment and denying its responsibility for reducing or eliminating the disposal of dredge spoils in the open waters of this irreplaceable ecosystem.”
In 2005, the states of New York and Connecticut called for, and EPA subsequently established by regulation, the important and long necessary goal of reducing or eliminating dredged material disposal in the estuarine waters of Long Island Sound. In contravention of the intent of that regulation, in 2016, EPA increased the number of permanent open water dump sites in Long Island Sound by designating a third one in eastern Long Island Sound.
The lawsuit charges that, in designating the dump site, EPA failed: to identify the navigational conflicts that will be caused by the dump site location, to examine the environmental impacts of dumping dredged materials under differing testing regimes, to designate historically used or ocean disposal sites and to properly quantify the existing capacity at already designated sites. Further, the EPA has been unresponsive to New York’s stated concerns about the reliability of sediment testing and has made insufficient assurances that the dredged material will not have a negative impact on the environment, as it has in the past.
New York also maintains that increasing the volume of open-water disposal of dredged materials, and the number and availability of open water disposal sites, is inconsistent with public investment and policies that are already in place aimed at restoring the Long Island Sound. This lawsuit underscores New York’s continuing commitment to pursue upland alternatives for beneficial reuse of the material to preserve and protect the integrity of Long Island Sound for future generations.

A.G. Schneiderman Announces Restitution For Hundreds Of Students Duped By Devry University


Restitution Comes After A.G. Schneiderman Investigation Found DeVry Misled Students Regarding Post-Graduation Employment And Salary Prospects

  Attorney General Eric T. Schneiderman today announced that hundreds of students will receive restitution following the Attorney General’s investigation into DeVry Education Group, Inc. and its subsidiaries DeVry University, Inc. and DeVry/New York, Inc. (collectively, “DeVry”). The Attorney General’s investigation found that DeVry lured students with ads that exaggerated graduates’ success in finding employment and contained inadequately substantiated claims about graduates’ salary success. The Attorney General reached a $2.25 million settlement with DeVry in January 2017.

On average, each of the 809 students will receive approximately $2,800 in restitution. The Better Business Bureau, which is administering the restitution process, is expected to begin sending out checks to the students later this month.
“DeVry exploited students who were simply trying to further their education,” said Attorney General Schneiderman. “We will not allow hardworking New Yorkers to be ripped off by greedy companies – which is why DeVry is now paying millions in restitution to hundreds of students. My office will not back down from policing unscrupulous for-profit colleges in New York State.” 
The Attorney General’s investigation found that many of DeVry’s advertisements centered on a claim that 90 percent of DeVry graduates who are actively seeking employment obtain employment in their field of study within six months of graduation.  The Attorney General’s investigation revealed that the 90 percent claim was misleading because a substantial number of the graduates included in the 90% figure were graduates who were already employed prior to graduating from DeVry. In fact, many of the graduates included in the 90 percent figure were employed before they even enrolled at DeVry. 
In addition, DeVry’s employment outcome statistics inaccurately classified a significant number of graduates as employed in their field of study, when in reality the graduates were not working in their field.  For example, DeVry counted graduates of DeVry’s Technical Management program as “employed in field” where the graduates were employed as retail salespersons, receptionists, bank tellers, and data entry workers.  In some cases, graduates were counted as employed in their field of study despite holding positions that did not require a college degree.
DeVry also mischaracterized certain unsuccessful job-seekers as “inactive,” despite evidence that the graduates had in fact carried out an active, though unsuccessful, job search.  Furthermore, DeVry’s 90 percent claim did not accurately reflect outcomes at all programs offered by DeVry.  Certain programs had employment outcomes that were significantly lower than 90 percent over consecutive years. 
DeVry also made inadequately substantiated claims in its advertisements concerning DeVry graduates’ salary outcomes.  For example, some DeVry ads touted that DeVry bachelor’s degree graduates earned 15 percent more one year after graduation than all graduates with bachelor’s degrees from all other colleges and universities.  This claim, which was based on commissioned studies carried out by a third-party entity, was inconsistent with other data DeVry had concerning graduates’ salaries. 
DeVry graduates eligible to participate in the claims process included:  (1) graduates of associates and bachelor’s degree programs at DeVry campuses in New York who began their program between July 2008 and September 2015; and (2) New York residents that graduated from DeVry online associates or bachelor’s programs and who began their program between July 2008 and September 2015.  To be eligible for restitution, graduates had to return a claim form indicating that they were not able to find employment in their field of study within six months of graduation, despite seeking such employment.  
The Attorney General has made cracking down on illegal activity by for-profit colleges a priority. The office reached a $10.25 million settlement with Career Education Corporation for fabricating placement rates, and was part of a settlement with Education Management Company to resolve allegations that the school misled prospective students on program costs, graduate rates, and placement rates. As part of the settlements, EDMC agreed to forgive over $100 million outstanding loan debt.
In July, the office was part of a coalition of Attorneys General that sued the U.S. Department of Education for abandoning critical student protections related to for-profit colleges.

Friday, August 18, 2017

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?