Friday, December 8, 2017
Office of Alcoholism and Substance Abuse Services - Young Adult Recovery Forum in the Bronx, 12/14
Under Governor Andrew M. Cuomo’s leadership, New York State is taking bold and aggressive action to tackle the heroin and opioid crisis, and develop initiatives that promote the enhancement of the state’s nation-leading prevention, treatment, and recovery services model.
Please join Commissioner Arlene González-Sánchez of the New York State Office of Alcoholism and Substance Abuse Services (OASAS) for a breakfast roundtable discussion on treatment and recovery supports for young adults and at-risk youth.
Date: Thursday, December 14, 2017
Time: 11:30 a.m. – 1:00 p.m.
Location: Odyssey House Recovery Center
Davidson Community Center
2038 Davidson Avenue
Bronx, New York
The Commissioner will discuss the state’s efforts support treatment and recovery supports for young adults and at-risk youth in New York State. She will also look for input on the development of a statewide recovery network for young adults. This event is an opportunity to share your recommendations with representatives from New York State and community stakeholders.
R.S.V.P. to Tracey Collins at Tracey.Collins@oasas.ny. gov
MEETING BETWEEN MAYOR DE BLASIO AND NEW JERSEY GOVERNOR-ELECT MURPHY
New York City Mayor Bill de Blasio and New Jersey Governor-elect Phil Murphy met this afternoon at Gracie Mansion in New York City. The Mayor and Governor-elect offered each other congratulations on their respective November election victories, before discussing a host of issues important to New York and New Jersey. The Mayor and Governor-elect outlined a shared vision for the region that includes an expansion of universal pre-K, upgraded transportation and infrastructure, and a focus on mental health investment and progressive taxation. The two pledged immediate cooperation in combating the Republican tax plan and in supporting grassroots progressive organizing locally and nationally. The meeting lasted 65 minutes. A portion of the meeting was attended by New York City First Lady Chirlane McCray.
EDITOR'S NOTE:
Could it be that Mayor Bill de Blasio is thinking of moving to New Jersey?
Wednesday, December 6, 2017
Two Men Charged In Theft Of Over $2 Million In Stock Certificates From Deceased Manhattan Woman
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging STEPHEN DECKER and LUIS MERCADO with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft in connection with a scheme to steal more than $2 million in stock certificates from the apartment of a deceased Manhattan woman, and then use those stolen assets to attempt to purchase over $2 million worth of gold coins. DECKER and MERCADO were arrested this morning in Manhattan. The defendants will be presented before U.S. Magistrate Judge James L. Cott in Manhattan federal court this afternoon. The case has been assigned to U.S. District Judge Lewis A. Kaplan.
Acting Manhattan U.S. Attorney Joon H. Kim said: “As alleged, these defendants preyed on a deceased New Yorker’s estate by stealing millions in stock certificates from her home. Then, in an attempt to cover their tracks, the defendants allegedly sold the certificates and tried to purchase more than $2 million in gold coins so that the ill-gotten gains couldn’t be traced to them. Thanks to the outstanding investigative work of the FBI, the defendants will now be held accountable for their brazen actions.”
FBI Assistant Director William F. Sweeney Jr. said: “As alleged, when Decker and Mercado cashed out on stolen stock certificates, their right to ownership was nothing more than fool’s gold. Not only did the certificates not belong to them, their rightful owner was an elderly deceased woman with no representatives to stake her claim. Taking advantage of those who are powerless to defend themselves or their legacy has always been, and will always be, an inexcusable crime.”
According to the Indictment[1] unsealed today in federal court:
From March 2016 to February 2017, DECKER and MERCADO engaged in a scheme designed to steal over $2 million from a deceased Manhattan woman (the “Victim”). As part of the scheme, DECKER and MERCADO stole stock certificates valued at over $2 million from the Victim’s Manhattan apartment after the Victim’s death in March 2016. In August 2016, based on false representations made by DECKER and MERCADO, a financial institution (“Company-1”) opened a brokerage account (the “Account”) in the Victim’s name. DECKER and MERCADO then deposited the stolen stock certificates into the Account. In September 2016, based on additional false representations made by DECKER and MERCADO, Company-1 sold the shares in the brokerage account opened in the Victim’s name, resulting in a cash balance in the Account of more than $2 million. DECKER and MERCADO then attempted to purchase over $2 million in gold coins using the assets in the Account.
The Indictment charges DECKER, 59, of Secaucus, New Jersey, and MERCADO, 53, of Manhattan, New York, each with one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison; and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Kim praised the outstanding investigative work of the FBI.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations and every fact described should be treated as an allegation.
Five Defendants Arrested In Bottle-Return Bust
Group Allegedly Used False Invoices and Kickbacks to Transform 5¢ Recycling Deposit Into Lucrative Fraud
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Leon Hayward, Acting Director of the New York Field Office of U.S. Customs and Border Protection (“CBP”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced that ELDAR RAKHAMIMOV, NASIM RAKHAMIMOV, VLADIMIR ZABRODIN, RUSLAN KADIROV, and JOSEPH FINNERAN were taken into federal custody today for participating in a scheme to defraud beverage bottling companies and the State of New York. The defendants were presented this afternoon before U.S. Magistrate Judge James L. Cott.
According to the allegations in the Complaint filed today in Manhattan federal court:[1]
From September 2016 to December 4, 2017, ELDAR RAKHAMIMOV, NASIM RAKHAMIMOV, ZABRODIN, KADIROV, and FINNERAN conspired to defraud bottling companies and the State of New York through a scheme involving recyclable containers.
The defendants’ scheme exploited recycling incentives created by New York State’s Returnable Container Act (the “RCA”). The RCA created a $.05 deposit on bottled soft drinks, beer, and water sold in New York State to promote the recycling of bottles and cans by bottlers, beverage distributors, and container redemption centers. Under the RCA, the first bottler, distributor, or dealer to collect the required deposits on beverage containers is required to reimburse the $.05 deposit to redeeming individuals or entities and to pay a handling fee of $.035 per empty beverage container redeemed by redemption centers.
ELDAR RAKHAMIMOV and NASIM RAKHAMIMOV managed a bottle collection company (“Company-1”) that focused on aggregating recyclable containers and delivering them, in exchange for payment, to redemption centers in the New York City area. ELDAR RAKHAMIMOV and NASIM RAKHAMIMOV, along with ZABRODIN, KADIROV, and FINNERAN, worked together to falsely inflate the number of bottles delivered by Company-1 to induce redemption centers to overpay bottle deposits and handling fees to Company-1.
Using an assortment of deceptive techniques, ranging from doctored invoices to “redeeming” the same bottles twice to impermissibly collecting bottles from New Jersey to paying (or receiving) kickbacks, the defendants extracted hundreds of thousands of dollars from victim companies – and, ultimately, the State of New York.
ELDAR RAKHAMIMOV, 46, of Brooklyn, New York, NASIM RAKHAMIMOV, 46, of Brooklyn, New York, ZABRODIN, 32, of Staten Island, New York, KADIROV, 32, of Brooklyn, New York, and FINNERAN, 64, of Bay Shore, New York, are each charged with one count of conspiring to commit mail and wire fraud, which carries a maximum penalty of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.
Mr. Kim praised the outstanding work of the FBI, the CBP, and the NYPD for their investigative efforts and ongoing support and assistance with the case.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
A.G. Schneiderman Statement On Concealed Carry Reciprocity Act
New York Attorney General Eric T. Schneiderman released the following statement upon House passage of the Concealed Carry Reciprocity Act:
“Today, the House voted to strip New York law enforcement of their right to enforce common sense policies that keep New Yorkers safe from the scourge of gun violence.
New York has some of the strongest gun laws in the country. This bill could return New York to the bad old days, by rolling back the protections that have reduced gun-related deaths in New York State to some of the lowest rates in the nation.
This lowest-common-denominator approach would undermine states’ basic responsibility to protect our communities – including by determining who may carry a concealed, loaded gun within our borders. It would risk the lives of our families and our law enforcement officers, while facilitating gun trafficking and promoting mass violence.
With each tragedy, we lament the loopholes in our federal gun laws. Today, the House just voted to create a huge new one.
I urge the Senate to reject this disastrous legislation.”
This fall, Attorney General Schneiderman led a coalition of 17 Attorneys General in opposing the legislation.
Court Allows A.G. Schneiderman's Lawsuit Against Northern Leasing Systems, Inc. To Proceed
AG Sued Northern Leasing for Deceptive Business Practices, Abuse of Judicial Power for Trapping Small Businesses into Equipment Leases, Then Suing to Collect Payment
NYS Supreme Court Denies Northern Leasing’s Motion to Dismiss AG’s Fraud Suit
Schneiderman: These Fraudulent Tactics Will Not Be Tolerated in New York
Attorney General Eric T. Schneiderman announced today that New York State Supreme Court Justice Lucy Billings has allowed his office’s lawsuit against Northern Leasing Systems, Inc. and related entities to proceed, finding that the lawsuit had adequately alleged that the companies engaged in fraud.
In April 2016, the Attorney General’s office filed a lawsuit against Northern Leasing Systems, Inc., a New York company, and several of its affiliated companies, as well as principal Jay Cohen a/k/a Ari Jay Cohen and others involved in Northern Leasing’s operations. The lawsuit alleges that Northern Leasing traps small businesses into never-ending lease agreements for over-priced credit card processing equipment and abused the judicial process by suing to collect on these leases in the Civil Court of the City of New York.
“This decision validates our efforts to take on those who deceive hard-working small business owners – and then abuse the court system to harass them with fraudulent and deceptive debt collection practices,” said Attorney General Schneiderman. “We’ll continue to move our lawsuit forward to make clear that these fraudulent tactics will not be tolerated in New York.”
Since 2010, Northern Leasing and its related entities have filed over 30,000 actions in New York County Civil Court and obtained over 19,000 default judgments. In 2014 and 2015, their filings accounted for over one fourth of the total general, commercial, and consumer debt filings in New York County Civil Court. From 2010 through 2015, Northern Leasing and related entities also generated the highest volume of complaints received by the Attorney General’s office. Over 95 percent of the small business owners sued by Northern Leasing do not reside in New York State, and many cannot afford to physically appear in New York or hire an attorney to represent them. Deputy Chief Administrative Judge Fern A. Fisher, as a co-petitioner in the proceeding, was seeking to vacate default judgments obtained by fraud, misrepresentation or other illegal means.
The Court found that the Attorney General’s petition sufficiently alleged that Northern Leasing is engaged in fraudulent and illegal conduct. In particular, the Court found that lease provisions which might otherwise be enforceable – such as non-cancellation clauses, forum selection clauses allowing Northern Leasing to sue lessees in New York Civil Court, and agreements to accept service by mail – could be unconscionable and unenforceable in leases whose “formation is permeated with fraud” and where “lessees did not knowingly and freely give their consent to the leases’ terms.”
The Court also allowed claims seeking to dissolve Northern Leasing as a business to move forward and refused to dismiss Judge Fisher’s claims seeking to vacate thousands of default judgments received by Northern Leasing through its alleged abusive litigation practices.
The Court additionally granted a motion by the New York City Bar Association to submit an amicus brief arguing that Northern Leasing should not be permitted to use the New York City Civil Court to collect on leases from around the country. The Bar Association’s brief described the harm done by Northern Leasing to lessees from around the country who must spend prohibitive amounts of money to defend against improper collections in New York City, as well as the impact of Northern Leasing’s large docket of collection cases on the limited resources of the court itself. The Court found that the Bar Association “presents the perspective of regular users of the New York City Civil Court . . . who are impacted by the deluge of thousands of collection actions that respondents commence in that court annually, which bear no connection to New York.”
In addition to Northern Leasing Systems, Inc., the Attorney General’s lawsuit named several other affiliated companies, including Leasing Finance Group LLC, MBF Leasing LLC, Lease Source-LSI, LLC a/k/a Lease Source, Inc., Golden Eagle Leasing LLC and Pushpin Holdings LLC. The court dismissed the claims against Joseph I. Sussman, P.C., the law firm that represents Northern Leasing in New York City Civil Court, and its two lawyers, Joseph Sussman and Eliyahu Babad.
Consumers who believe they have been a victim of Northern Leasing’s deceptive practices are urged to file complaints online or call 1-800-771-7755.
For more information about the Attorney General’s lawsuit, please visit http://ag.ny.gov/NLFAQ.