OPERATION QUEST FOR FIRE DISMANTLES ORGANIZATION DEALING IN FENTANYL, HEROIN AND COCAINE;

12 KILOS OF DEADLY OPIOID SEIZED IN JOINT BRONX DA-DEA PROBE 

Sixteen People Indicted, Group Trafficked Narcotics From Florida, And Ran On-Call Cocaine Delivery Service

  Bronx District Attorney Darcel D. Clark, Drug Enforcement Administration Special Agent in Charge James Hunt and New York City Police Commissioner James O'Neill today announced that 16 people have been charged with trafficking fentanyl, heroin and cocaine to the metropolitan area in a scheme that peddled drugs on the streets as well as delivering them to buyers on demand. 

  District Attorney Clark said, “Deadly Fentanyl coupled with recreational cocaine sales shows that this group was as versatile as it was vicious. They allegedly drove narcotics up the eastern seaboard from Florida, bringing the drugs and their attendant misery to the Bronx, Manhattan, Westchester County and New Jersey. With our law enforcement partners, we will continue to pursue and prosecute those doing harm to our communities."

 DEA Special Agent in Charge Hunt stated, “This transnational drug trafficking crew made the Bronx an epicenter of fentanyl distribution. Through coordinated enforcement on federal, state and local law enforcement levels, traffickers responsible for smuggling heroin, cocaine and six million fatal doses of fentanyl into our city have been arrested.” 

 NYPD Commissioner O’Neill said, “This investigation helped shut down a multi-state narcotics operation that dealt in cocaine, heroin and deadly fentanyl. If these defendants thought they could hide behind a call-in drug delivery service they underestimated the reach of the Bronx District Attorney's Office and the DEA Strike Force."

  Homeland Security Investigations New York Special Agent in Charge Angel M. Melendez said, “These individuals are alleged to have trafficked drugs up the eastern shore line and into our New York communities. As long as there is supply and demand, these drug pushers will continue to flood our streets with these highly addictive drugs. It is our resolve to rid our street from these individuals who care more about making money than the lives they ruin.” 

 New York State Police Superintendent George P. Beach II said, “Great police work and our invaluable partnerships at the federal, state and local level were key in bringing down this illegal drug trafficking organization. After six months of dedicated work more than a dozen people were arrested for importing deadly drugs into our communities and New Jersey. State Police and our partners will continue to work together to rid our communities of these dangerous substances, and the violence that comes with them.”

 District Attorney Clark said that four of the defendants are charged with Operating as a Major Trafficker. If convicted, they face up to life in prison. The other defendants are variously charged with first, second and third-degree Criminal Possession of a Controlled Substance, first, second and third-degree Criminal Sale of a Controlled Substance, second and third-degree Money Laundering, second and fourth-degree Conspiracy.

 Eleven of the defendants were arrested in a takedown on November 15, 2017 and eight were arraigned before Bronx Supreme Court Justice Robert Neary. Some are due back in court on November 29, 2017 and others on December 13, 2017. Three defendants are awaiting extradition from Florida and New Jersey.

 According to the six-month wiretap investigation by the Bronx DA’s Special Investigations Bureau and the Drug Enforcement Administration’s Strike Force, the narcotics were imported by multiple defendants from Florida and elsewhere to distribute in the Bronx, Manhattan, Westchester and New Jersey.

 Several of the defendants resided and allegedly sold drugs within the confines of the 46th Precinct along Creston Avenue.

  Two defendants, Juan Martinez and Jonathan Martinez, both of the Bronx, allegedly ran an on-call cocaine delivery service to customers throughout New York City, including to professionals in advertising and real estate.

 During the investigation, authorities seized a total of 12 kilograms of Fentanyl, multiple kilograms of heroin and cocaine and various quantities of crack cocaine. Over $175,000 in cash — narcotics proceeds — and two vehicles were seized.

  On November 7, 2017, ten kilograms of fentanyl and two kilograms of heroin were seized during an alleged drug transaction between defendant Jonas Turbi Molina and two individuals from Phoenix, Arizona. During the drug seizure, a subject jumped out of a second-story window of his Manhattan hotel room carrying over $30,000 in cash.

 District Attorney Clark thanked Chief Detective Investigator Frank Chiara, Deputy Chief Carlton Starling, SDI Therone Eugene, DI Nicholas Ranieri and Lt. Rocco Galasso of the DA’s Detective Investigators, as well as the NYPD DA Squad.

 District Attorney Clark thanked the members of Group Z 51 of the DEA New York Organized Crime Drug Enforcement Strike Force. The Strike Force is comprised of agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department and New York State Department of Corrections and Community Supervision. The investigation was also assisted by the DEA New England Division, DEA Miami Field Division, Miami Dade Police Department, New Jersey State Police, NYPD 49 Precinct, Port Authority Police Department K-9, DEA PAPD K-9, DEA Intelligence Division and DEA Special Operations Department.

 An indictment is an accusatory instrument and not proof of a defendant’s guilt.

DEFENDANTS

Braulio Diaz (AKA Eddy), 46, Miami, Florida

Jonas Antonio Turbi-Molina, 39, Bronx, NY 

Victor Jose Gonzalez, 52, Bronx, NY  

Fernelis Beltre-Espinosa (AKA Tyson), 51, Bronx, NY 

Ronald Brid-Calvo (AKA Nacho), 49, Hialeah, Florida 

Hairo Contreras, 31, Bronx, NY 

Juan C. Martinez, 34, Bronx, NY 

Jonathan Martinez, 31, Bronx, NY 

Francisco Lopez, 55, Bronx, NY 

Francisco Duval-Perez, 25, Lee, Massachusetts 

Tyshawn Henigan (AKA Ty), 35, Bronx, NY

Alexander Cortes Cortes (AKA Leo), 32, Manhattan, NY

Rafael Roldan, 37, Bronx, NY 

Melvin Lugo- Reyes, 29, Manhattan, NY  

Alfred Trotman (AKA Al), 60, Bronx, NY 

Marvin Antonio Olano-Somarriba (AKA Nika), 57, Camden, NJ

MAYOR BILL DE BLASIO AND POLICE COMMISSIONER O’NEILL ANNOUNCE SECURITY PLAN FOR MACY’S THANKSGIVING DAY PARADE

  Police Commissioner James P. O’Neill: Good afternoon, everybody. So as we do before all major events in New York City we just wanted to give you a rundown of some of the things that people can expect to see and experience as we head into Thanksgiving week. In a moment the Mayor will speak and then Susan Tercero the Vice President for Macy’s, she’ll have some remarks. Then Terry Monahan, Chief of Patrol, will give you the overview of what we’re doing on Wednesday night and Thursday. He’ll go through the specifics of Wednesday’s balloon inflation event which always draws more than 200,000 spectators and then he’ll talk about the millions of people who will attend the Thursday’s Thanksgivings Day Parade and what we’re doing.

First and foremost, I’d like to thank the 36,000 uniformed members of the New York City Police Department for what they do every day, and especially the police officers assigned to the events this week. They’ll be away from their families making sure the rest of us are safe and secure. The NYPD is ready for this week. One thing I have learned since I have become the Police Commissioner is that New Yorkers – and I’ve known this for a long time but it’s reinforced, New Yorkers are strong and resilient and they don’t make decisions based on fear. We’ve had a couple of tough months as a nation, and you know among other incidents I’m specifically talking about the shooting in Las Vegas and the terror attack in Lower Manhattan on Halloween. As I’ve said before we won’t ever accept such acts of hate and cowardice as inevitable in our society, certainly not here in New York. And I want to ensure the people that we swore to protect that any time something happens anywhere in the world, the NYPD works with our law enforcement partners and studies it, and we learn from it, and it informs our decision making going forward.

In terms of deployment and other security measures, what you’ll see this year at the Thanksgiving Day Parade will be in addition to what we did last year. You’ll see every intersection there’ll be more blocker cars and there will be sand-filled sanitation trucks.  And this is the third year in a row we’ll be using our critical response command cops who are specially assigned to counterterrorism duties. We’ll be working alongside our strategic response group officers, our patrol cops, and our emergency service unit too. And there will be much the public won’t see as well. The bottom line is we want everyone to come out and enjoy what is really a great tradition in New York City every Thanksgiving. And know that the layers of security and protection every – and know that the layers of security and protection we will provide again this year have been in the planning stages since the end of last year’s parade. We’re all looking forward to another great holiday again this year, and we know all New Yorkers are as well. We’ll see you out there on Thursday and on Wednesday night too, thank you very much.

Mayor Bill de Blasio: Thank you Commissioner. Commissioner, thank you to you and your team for the exceptional work that has been done to prepare for the Thanksgiving Parade and for the night before. I have to say I’m particularly proud of the NYPD in the last few weeks given what this city experienced last month. To see the resolve of our officers to make sure that people are kept safe sends a very powerful message to people of this city that no matter what the event, what the occasion, the NYPD will be there in force and will get the job done. And this is one of the great occasions each year in this city, the Macy’s Thanksgiving Parade. One of the events everyone looks forward to all year, one of the events most associated with the city, it’s been 91 years now. This is literally one of the symbols of why New York City is great and that’s why it is so important to protect this parade and make sure that everyone can enjoy it.

We have the finest police force in the world. They have proven time and again that they can make this great event and other huge events work seamlessly. And we saw that also recently with the New York City Marathon. So, we are very, very clear about the pain that still hangs in the air because of the attack last month, the eight innocent people who lost their lives. And all eight and a half million New Yorkers mourn for their families. But, we said right away after that horrible tragedy New York’s response is to remain strong and resilient. We do not back down in the face of terror threats and we don’t back down in the face of terrorism itself. We saw that most powerfully on 9/11 and the months after. This city is filled with resolved. And one of the things we show the world is the fact that we will keep going and that our great annual events that symbolize everything about this city we’re proud of, that they will never be changed.

So, that will be on display this week. And the numbers that will come out will be exceptional, hundreds of thousands on Wednesday and well over a million could be expected on Thursday. This means of course, there’ll be inconveniences as always, there will be street closures, there’ll be things that we have to grapple with but as New Yorkers we can deal with that because we’re also proud of the fact that we have these kinds of events that literally the eyes of the entire world are on. And people love coming out on Wednesday to see the balloons being put together and prepared. And they love coming out on Thursday. But I will remind people there are going to be a lot of street closures, definitely pay attention to the specifics about where you’re going and what the impact will be. Take mass transit if you can. And that’s the best way to enjoy this wonderful day ahead.

Look what you can rely upon is that there will be a very strong presence of the NYPD. Stronger than ever in fact. I want to emphasize – this is the most important thing I’ll say, there are no credible and specific threats against New York City at this time. There are no credible and specific threats against these events. That being said, we will have a very forceful NYPD presences, we will be prepared for any eventuality. There’s a lot of presence you will see, and as we always there will be presence you don’t see that helps to protect all New Yorkers. And I think people understand when they see that visible presence they are reassured by it, they appreciate it. I hear that from my fellow New Yorkers all the time.

Now I remind everyone, every New Yorker can help the NYPD. The phrase ‘if you see something, say something’ is more meaningful than ever. And it comes down to this, if you don’t like the look of a situation, if something seems out of place, you see a package unattended, please don’t take time to think about it just go to an NYPD officer and report it. That’s something everyone can do to help.

So, look, as we prepare for these great events, we take stock and we particularly take stock at Thanksgiving of who we are. We’re very proud as New Yorkers. We’re proud of the fact that people of all backgrounds, all faiths live in harmony here. We’re proud of the fact we’re the safest big city in America. We are, in fact, the terrorists worst nightmare because we reflect a positive, successful, pluralistic society. Everything the terrorists are trying to stop we show every day works here in New York City. That means we are, in the bigger scheme of things, always going to be facing threats but we know how to handle it. And I am so proud of the fact that New Yorkers never even think about changing who we are or changing our values in the face of these threats.

Chief of Patrol Terence Monahan, NYPD: Alright good afternoon everyone. First I’m going to go over the balloon inflation on Wednesday night and the public viewing. We reevaluated how we were looking at this and we came up with some changes to the security to make it an even safer venue. First and foremost, we’re changing the times of the viewing. It will be from 1:00 pm to 8:00 pm for the public viewing of the balloon inflation. We are going to be shutting down Central Park West from 72nd Street up to 86th Street. There will be no traffic allowed there after 12:00 pm. We’re going to be dropping concrete barriers along Columbus Avenue going from 77th Street on East Side to 81st Street. When people arrive to come to do the viewing, you’re going to be entering from Columbus Avenue eastbound on 74th Street and you’re going to walk down to Central Park West. Once on Central Park West you’re going to go through a screening. We will not be allowing any large backpacks, umbrellas, coolers, or chairs in the area. Once you go through that screening process, you’ll walk up to 77th Street, you’ll go westbound on 77th Street to view the balloons there, go northbound on Columbus, south on 81st Street – east on 81st Street and then exit on 81st Street on Central Park West.

Once this all over at 8:00 pm, you’re going to see rolling closures throughout the day, different traffic closures, shutting down traffic on the entire route. DCPI can give you the times of each and every one of those closings at the end of this press conference. By 7:00 am everything will be shut along the route of the parade, there will be no crosstown traffic going from 86th Street down to 34th Street.

On the parade route itself we’re going to have seven locations with anemometers, this is to check the wind speed for the balloons. We will have a police officer assigned to each and every one of the balloons that goes along the route. And they will adjust the levels of the balloon based on the wind speed at those locations. We will have our typical counterterrorism overlay for both the balloon inflation and for the parade. You can expect to see numerous sand trucks, blocker vehicles protecting the entire venues. You will see heavy weapon teams deployed at both the balloons and during the parade. They will be all over the parade route. We will have observation teams located at various locations along the route also. You will see our Vaper Wake dogs and other canine dogs on both the balloons and during the route. We will have mounted officers assigned. We will have teams assigned with our radiation detective devices. We will have aviation assigned to both venues. A ship assigned to each one of the venues to make sure everything – check on rooftops.

This has been a real combined effort, putting this together, security effort between Manhattan North operations, Manhattan South operations, and our counterterrorism forces. We are working closely with all our law enforcement partners that work in New York. Together, with a lot of various City agencies that have combined, we have sat down together with Macy’s – numerous meetings starting since last year to make sure that this is a safe, safe venue.

Come out, enjoy the day, but once you’re out there if you see anything, anything suspicious there will be a cop on every block, go to that cop, say something. Don’t be afraid, say maybe it’s nothing. Let us investigate it. So, I can’t end it any better than saying if you see something, say something. Thank you.

Bronx Borough President Ruben Diaz Jr. Invites you to the Bronx Jewish Historical Initiative

MAYOR BILL DE BLASIO ANNOUNCES APPOINTMENT OF EDNA WELLS HANDY AS ACTING NYCHA CHIEF COMPLIANCE OFFICER

  Mayor Bill de Blasio today announced the appointment of Edna Wells Handy to The New York City Housing Authority’s Executive Compliance Department as Acting Chief Compliance Officer. Handy will begin full-time in December.

Handy currently serves as legal Counsel to the NYPD Commissioner, and previously served as Commissioner of the City’s Department of Citywide Administrative Services. She grew up in New York City public housing.

For the first time in its history, NYCHA is creating an Executive Compliance Department. As Acting Chief Compliance Officer, Handy will lead that department and be responsible for oversight of NYCHA’s regulatory compliance. The department will be responsible for the compliance training for NYCHA’s employees and the accuracy of external reporting by NYCHA. Additionally, this Executive will respond to employee and resident complaints regarding compliance issues. Handy will report directly to the NYCHA Chair.

“We take our job to keep the residents of public housing safe extremely seriously. Edna will be a voice for residents and an aggressive agent for protecting them,” said Mayor Bill de Blasio.

“I grew up in New York City’s public housing and I am ready to serve as NYCHA’s first Chief Compliance Officer. This is about holding the agency accountable to laws at every level of government and, most importantly, to the 400,000 New Yorkers who call NYCHA home,” said incoming Acting Chief Compliance Officer Edna Wells Handy.

“I am looking forward to working with Edna Wells Handy to address compliance at NYCHA. We owe it to the 1 in 14 New Yorkers who call NYCHA home to ensure their apartments are safe,” said NYCHA Chair Shola Olatoye.

Today’s appointment is part of NYCHA’s broader reforms to address immediate and long-term compliance with both lead regulations as well as other regulations to protect and improve residents’ safety. In addition to establishing a new compliance department, the agency is engaging a team of lead experts to advise on best practices.

About Edna Wells Handy:

Edna Wells Handy currently serves as the Counsel to the NYPD Commissioner.

She began her legal career as a law clerk at the U.S. District Court, Southern District of New York in 1976, and also served as an Assistant District Attorney and Bureau Chief at the Kings County District Attorney’s Office; Vice President for Legal Affairs at the NYC Health & Hospital Corporation and as Deputy Attorney General for Administration for then-New York Attorney General Andrew Cuomo. 

From 2004 through 2007, Wells Handy served as Deputy Executive Director of the NYC Department of Education, Human Resources. She also served as Co-Leader of the Change Management Team responsible for the redesign of the division’s Human Resources Diversity Initiatives.

Wells Handy previously served as the Commissioner, Department Citywide Administrative Services, where she oversaw 2,100 employees supporting more than 150,000 City workers and 80 agencies in critical areas of Civil Service Administration, Human Capital/EEO and diversity. 

Counsel Wells Handy earned a Bachelor of Arts degree from New York University and a Juris Doctor from Georgetown University Law School. She is also a candidate for Master in Public Administration, Columbia University, School of International and Public Affairs, 2019.

State and City Elected Officials Call for Independent Monitor to Oversee NYCHA

New report shows long wait time for lead and mold complaints

Members of the New York State Senate, Assembly and New York City Council called for the creation of an independent monitor to oversee the New York City Housing Authority following a scathing revelation from the New York City Department of Investigation that the authority lied about performing lead paint inspections.

Senator Klein proposed an independent monitor as part of the Independent Democratic Conference’s Changing New York Agenda in January 2017. It passed the Senate twice this year, both as part of the IDC’s one house budget proposal in March and as a standalone bill in June, however it failed to pass in the Assembly.

Following recent reports regarding falsified documents related to lead paint inspections by the agency, Council Member Salamanca announced the introduction of a resolution urging the creation of an independent monitor to oversee NYCHA operations.

“It is clear from recent events and the numerous reports that I’ve issued on NYCHA conditions that an independent monitor is the only way we can ensure that tenants have safe, livable housing. This new report today shows the continued incompetence of the agency in responding to residents’ requests to remove dangerous materials and make their residences habitable,” said Senator Klein.

“The time is now to finally act on our legislation to protect the over 400,000 NYCHA residents across the City. It is outrageous that there seems to be an endless flow of blunders that put our constituents well-being and lives at risk. An independent monitor to oversee the mismanagement will be a step in the right direction,” said Senator Diane Savino.

“NYCHA apartments represent the backbone of New York City's affordable housing stockpile and NYCHA residents have the right to expect clean, safe homes in good repair. Recent revelations of fraudulent statements sent by NYCHA to the federal government shows that outside supervision is sorely needed to make sure that NYCHA is on a firm footing for the future and that the voices of tenants are heard,” said Senator Marisol Alcantara.

“Like every New Yorker, every NYCHA resident deserves safe housing. Every child growing up in NYCHA housing deserves to be free from hazardous lead that can negatively impact their growth and development. Every parent raising a family in NYCHA housing deserves to know that their apartment is not poisoning them. With this report and the legislation we advance, we mandate meaningful transparency and independent oversight to give families in NYCHA housing the assurances they need. Your health and well-being matter – as someone who grew up in NYCHA housing myself, I know it is our duty to ensure NYCHA lives up to its responsibilities to every NYCHA resident,” said Senator Jesse Hamilton.

“NYCHA's false reporting on lead paint inspections represents a collapse of credibility in the public mind. The only hope for restoring public confidence in the leadership of the Housing Authority is an independent monitor, and I will not relent in holding NYCHA's feet to the fire until one is appointed,” said Public Housing Chair Ritchie Torres.

“Recent reports have made it crystal clear that the New York City Housing Authority is failing to live up to expectations when it comes to the safety and well-being of the more than 400,000 New Yorkers who call public housing their home. An independent monitor is greatly needed, and I join my colleagues in support of State Senator Jeff Klein’s efforts create an independent monitor and bring greater accountability to NYCHA,” said Bronx Borough President Ruben Diaz Jr.

“NYCHA is our last bastion of affordable housing and needs the best level of oversight and protection in light of most recent reports of the city’s inability to properly govern itself at the highest level of transparency and accountability. Now is the time for the state to take a more active role by creating ongoing oversight in an effort to monitor NYCHA and how it conducts its business. I am proud to stand alongside my colleague in government, Senator Klein in championing this legislation that will establish an independent monitor for NYCHA” said Assemblyman Walter T. Mosley.

Legislation proposed by Senator Klein would create an Office of the Independent Monitor within the Department of Homes and Community Renewal, to be appointed by the governor with the advice and consent of the Senate.

The independent monitor would have the power to review and would have oversight of any NYCHA project, including requiring corrective actions to remedy issues identified in projects. The monitor would also be required to prepare an annual report on the office’s activities, including any corrective actions it ordered.

Members of the Independent Democratic Conference also released a new report, “Public Housing Peril: The Need to Hold NYCHA Accountable,” on poor NYCHA conditions and the slow responses to requests from tenants to remedy their complaints.

Through a survey of NYCHA residents in partnership with Housing Chair Ritchie Torres and Community Voices Heard, the report found more than half of the respondents reported that they either currently have a mold or lead issue in their apartment or have had one in the past.

The survey also found that individuals who reported having mold and/or lead issues in their apartments generally did not receive prompt and timely responses from NYCHA building management.

In addition to the creation of an independent monitor the report includes several initiatives to improve NYCHA operations, including enhancing reporting requirements and transparency.

Click here to see the full 22 page report

BRONX NYCHA TASK FORCE ISSUES REPORT

“Safe at Home?” Examines Public Safety & Other Issues Facing NYCHA

  The Bronx Public Housing Task Force—made up of  Bronx Borough President Ruben Diaz Jr., Bronx District Attorney Darcel D. Clark and City Council Members Ritchie Torres and Vanessa Gibson—issued its report, titled “Safe at Home?”outlining solutions to the numerous safety and quality of life issues currently facing New York City Housing Authority (NYCHA) tenants.

 

The report includes numerous recommendations for NYCHA, including requiring the agency to better address critical repairs, expanding the City’s Summer Youth Employment Program to cover all eligible NYCHA residents, creating mental health and wellness clinics within NYCHA facilities, expanding youth programming options in NYCHA developments and getting young people who live in NYCHA more involved in the well-being of their communities, among others.

 

“NYCHA tenants must be safe in their own homes, be it from crime or environmental hazards that lurk in their apartments. This report offers well-considered recommendations that NYCHA can implement to manage repairs, foster greater public safety and engage young people in shaping the future of their communities,” saidBronx Borough President Ruben Diaz Jr. “Given the ongoing issues facing NYCHA right now, the agency needs to take concrete steps towards getting its house in order and ensuring the health and safety of its residents. Adopting the recommendations in this report would help make that happen. I want to thank my colleagues District Attorney Clark and Council members Gibson and Torres, as well as the numerous stakeholders and NYCHA residents who took part in this process, for their efforts on behalf of this task force.”

 

“The findings of this report make it clear that NYCHA is in need of immediate reforms from the ground up,” said City Council Member Ritchie Torres, Chair of the Council’s Committee on Public Housing. The recommendations offered here can improve the quality of life for all residents and ensure that public safety is maintained at all developments. I thank the Borough President, District Attorney Clark and Council Member Gibson for working with me to improve NYCHA and ensure they families have safe homes.”

“NYCHA residents deserve to live in safe communities. I am proud to join Bronx Borough President Ruben Diaz Jr., Chair of the Committee on Public Housing Ritchie Torres, and Bronx District Attorney Darcel Clark in releasing this important report detailing the very real safety issues Bronx NYCHA residents face and step-by-step recommendations for meaningful community improvement,” said City Council Member Vanessa Gibson, Chair of the Council’s Committee on Public Safety. “By combining brick and mortar improvements with tenant empowerment and youth development, we believe this report presents a holistic approach to community safety that we strongly urge the City of New York to adopt. On behalf of the residents of public housing in District 16, I'm grateful for the opportunity to have been a part of this Task Force to ensure that tenants' priorities remain at the forefront of our discussions. My gratitude to my colleagues for their partnership on this important topic and my appreciation to all the residents who attended our public hearings and voiced their concerns. We heard you loud and clear and today's report is reflective of our commitment to ensure that all residents of public housing live in safer communities.”

 

In December 2015, Borough President Diaz announced that he would convene a task force to study the issue of public safety in public housing in The Bronx.

The new task force would work with NYCHA tenants, law enforcement agencies, elected officials, community organizations and others to focus on solutions to crime and public safety issues that affect the borough’s NYCHA developments. The task force officially launched in January 2016, with City Council Members Gibson and Torres as its inaugural members. District Attorney Clark would also join the task force in 2016.

In addition to meetings with numerous stakeholders, the task force also solicited direct input from public housing tenants in The Bronx through a survey as well as three public hearings over the past year.

The full report can be read at http://on.nyc.gov/2mJRV7h.

Doctor And Four Executives Plead Guilty In $30 Million Scheme To Defraud Medicare And Medicaid

Defendants Fraudulently Ran Medical Clinics and Related Medical Supply and Ambulette Companies, While Paying Elderly People to Act as Patients, and Billing for Unjustified or Non-Existent Medical Goods and Services

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that five defendants have pleaded guilty in the past week to participating in a scheme to defraud Medicare and Medicaid through the operation of eight medical clinics and related health care providers in Brooklyn. The defendants pleading guilty are Dr. MUSTAK Y. VAID, medical supply company president MARINA BURMAN, clinic executives ASHER OLEG KATAEV, a/k/a “Oleg Kataev,” and ALLA TSIRLIN, and IVAN VOYCHAK, who helped run two of the fraudulent clinics and a related ambulette company. The defendants were charged with participating in a $30 million health care fraud scheme. As part of the scheme, the defendants or their co-conspirators paid cash kickbacks to elderly patients (the “Paid Patients”) insured by Medicare and/or Medicaid, and then billed Medicare and Medicaid for unnecessary medical services, tests, and supplies.

Acting U.S. Attorney Joon H. Kim said:  “These five defendants bilked Medicare and Medicaid out of millions of dollars for unjustified medications, procedures, and supplies. Medicare and Medicaid were established to assist the elderly and economically disadvantaged, not to serve as cash cows for corrupt professionals.”

Five additional defendants remain under indictment in the case, which is scheduled to go to trial before United States District Judge Lorna G. Schofield on April 23, 2018. Those remaining defendants are presumed innocent unless and until proven guilty.

As alleged in the Indictment and in court papers and proceedings in the case: Aleksandr Burman, an individual with no medical license, established eight medical clinics in Brooklyn (the “Related Clinics”), which operated between 2007 and 2013. For each clinic, Aleksandr Burman hired a doctor, one of whom was VAID, as the nominal owner of the clinic, since New York State law requires that such clinics be owned by a medical professional. In fact, however, VAID was hired by Aleksandr Burman simply to pose as the owner of one of the clinics, and to sign medical charts falsely stating that he had examined a number of Paid Patients, and to provide prescriptions and referrals for medically unnecessary supplies.

In pleading guilty, the five defendants have admitted to various specific roles in operating several of the clinics and two related businesses.

VAID, 44, a physician, pled guilty before Magistrate Judge Henry B. Pitman on November 8, 2017 to charges of falsely holding himself out as the owner of one medical clinic, and falsely signing medical documents stating that he had provided medical services that he had not.

BURMAN, 54, is a resident of Manhattan whose former husband, Aleksandr Burman, previously pleaded guilty in a related indictment and was sentenced in May 2017 to 10 years in prison.  BURMAN pled guilty before Judge Schofield on November 14, 2017 to charges that, as the registered president and owner of Universal Supply Depot, she fraudulently billed Medicaid more than $3 million for medical equipment, particularly including large amounts of adult diapers, that were in fact not dispensed. BURMAN was also charged with arranging for Paid Patients to exchange their diaper prescriptions for valuable merchandise, such as bed linens, tablecloths, dishes, kitchen appliances, and other housewares.

KATAEV, 49, and TSIRLIN, 47, who are siblings, pled guilty to charges of helping operate two of the fraudulent clinics, where they participated in bribing patients and causing fraudulent bills to be submitted to Medicare and Medicaid. KATAEV pled guilty before Magistrate Judge Barbara C. Moses on November 6, 2017. TSIRLIN pled guilty before Judge Pitman on November 9, 2017.

VOYCHAK, 37, pled guilty before Magistrate Judge Kevin Nathaniel Fox on November 13, 2017 to charges that he helped operate a medical ambulette company that fraudulently billed Medicaid for transportation services that were not medically necessary, and participated a scheme to pay kickbacks to patients at the fraudulent medical clinics.

Each of the defendants pled guilty to Counts One and Two of the indictment. Count One charges the defendants with conspiring to commit health care fraud, mail fraud, and wire fraud; while Count Two charges each defendant with health care fraud. Count One carries a maximum sentence of 20 years in prison, while Count Two carries a maximum penalty of 10 years in prison.

The statutory maximum sentence is prescribed by Congress and provided here for informational purposes only, as the appropriate sentences will be determined by the Judge.

Mr. Kim praised the investigative work of the New York FBI’s Health Care Fraud Task Force and the New York State Office of the Medicaid Inspector General (“OMIG”).

A.G. Schneiderman Announces Indictment Against Pharmacy Owner, Pharmacist, And Three Pharmacies For Allegedly Defrauding Medicaid Of Over $3 Million

Pharmacy Owner Allegedly Stole Over $3 Million By Falsely Billing HIV Medications That Were Never Dispensed

   Attorney General Eric T. Schneiderman today announced the indictment of Hin T. Wong (“Wong”), 49, of Manhattan, Mery Gooden, 58, of the Bronx, and three pharmacies. The indictment charges Wong, the owner of three Manhattan pharmacies – New York Pharmacy Inc. (“NY Pharmacy”), NYC Pharmacy Inc. (“NYC Pharmacy”), and New York Healthfirst Pharmacy Inc. (“NY Healthfirst”) – for defrauding several government-funded healthcare programs, including Medicaid and Medicare, by falsely billing prescription refills and stealing over $3 million in reimbursement for medication they did not dispense. Wong was indicted for Grand Larceny in the First Degree, a class “B” felony, and other crimes. In addition, Mery Gooden, a pharmacist at NYC Pharmacy, was indicted for Grand Larceny in the Second Degree and other related crimes.

“Pharmacists’ most important duty must be to the welfare of their patients – not lining their own pockets,” said Attorney General Schneiderman. “The blatant theft and abuse of Medicaid is reprehensible and will not be tolerated by my office.”

Following up on a tip from Amida Care Inc., a Medicaid Managed Care Organization, the Attorney General’s Medicaid Fraud Control Unit (MFCU) conducted several undercover operations at NY Pharmacy, NYC Pharmacy, and NY Healthfirst Pharmacy. Wong, a licensed pharmacist, and Gooden, the supervising pharmacist of NYC Pharmacy, allegedly paid undercover agents posing as Medicaid patients cash for HIV prescriptions and for referring other Medicaid patients to bring their prescriptions to NY Pharmacy and/or NYC Pharmacy. 

The defendants thereafter allegedly submitted false claims for reimbursement to various insurers, including Medicaid, for prescription refills Wong nor her staff ever dispensed – a scheme known as “auto-refilling.” Wong, NY Pharmacy, NYC Pharmacy, and NY Healthfirst are charged with allegedly receiving over $60,000 for prescription refills dispensed just to undercover agents. 

Today’s indictment further alleges that Wong’s pharmacies did not purchase enough medication to support their substantial billings to Medicaid and other insurers. Between January 1, 2014 and August 1, 2017, Wong’s pharmacies billed Medicaid and other insurers over $11 million for medications they allegedly dispensed, but purchased only a fraction of the amount of drugs necessary to fill those prescriptions. Today’s indictment alleges that Wong and her pharmacies stole over $3 million as a result of obtaining reimbursement for medication they did not dispense.

Today’s indictment charged the two defendants and three pharmacies as follows:

• Hin T. Wong is charged with one count of Grand Larceny in the First Degree, a class B felony; four counts of Grand Larceny in the Second Degree, a class C Felony; two counts of Healthcare Fraud in the Second Degree, a class C felony; three counts of Scheme to Defraud in the First Degree, a class E felony; twelve counts of Offering a False Instrument for Filing in the First Degree, a class E felony; and one count Medical Assistance Provider; Prohibited Practices, a class E felony.

• Mery Gooden is charged with two counts of Grand Larceny in the Second Degree, a class C felony; one count of Grand Larceny in the Third Degree, a class D Felony; one count of Scheme to Defraud in the First Degree, a class E felony; and one count Medical Assistance Provider; Prohibited Practices, a class A misdemeanor.

• NY Pharmacy Inc. is charged with one count of Grand Larceny in the First Degree, a class B felony; four counts of Grand Larceny in the Second Degree, a class C Felony; two counts of Healthcare Fraud in the Second Degree, a class C felony; three counts of Scheme to Defraud in the First Degree, a class E felony; nine counts of Offering a False Instrument for Filing in the First Degree, a class E felony; and one count Medical Assistance Provider; Prohibited Practices, a class E felony. 

• NYC Pharmacy Inc. is charged with one count of Grand Larceny in the First Degree, a class B felony; three counts of Grand Larceny in the Second Degree, a class C felony; one count of Scheme to Defraud in the First Degree, a class E felony; three counts of Offering a False Instrument for Filing in the First Degree, a class E felony; and one count Medical Assistance Provider; Prohibited Practices, a class A misdemeanor. 

• New York Healthfirst Pharmacy Inc. is charged with two counts of Grand Larceny in the Second Degree, a class C Felony and one count of Scheme to Defraud in the First Degree, a class E felony. 

If convicted, Wong faces up to twenty-five years in state prison and Gooden faces up to fifteen years in state prison; each of Wong’s pharmacies can be ordered to pay a fine double what it gained from its criminal conduct, as well as restitution to those victimized by its conduct.

Hin T. Wong and NY Pharmacy Inc. were initially arrested on August 24, 2017 by MFCU investigators following the execution of a search warrant at NY Pharmacy. Today’s indictment supersedes an initial indictment and is the product of MFCU’s continuing investigation into defendants’ conduct.

On August 24, 2017, the Attorney General filed a civil asset forfeiture and recovery action against Wong, her three pharmacies, and another entity owned by Wong, KT Studio Inc. a/k/a Dove Cat Studio a/k/a C’est La Vie Studio, in New York County Supreme Court, seeking over $11 million in damages. As part of the civil action, the Attorney General also obtained a court order freezing the bank accounts held by the defendants to preserve money wrongfully obtained from Medicaid. The civil action is still pending.

The Attorney General thanks the New York State Office of the Medicaid Inspector General and the United States Department of Health and Human Services Office of the Inspector General (HHS-OIG) for their continued partnership and assistance in this investigation. The Attorney General also thanks Medicaid managed care companies Amida Care and Wellcare; pharmacy benefit managers CVS Caremark and Optum RX; and pharmaceutical wholesalers HD Smith and McKesson for their cooperation throughout the investigation.

The charges against the defendants are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.