Tuesday, December 19, 2017

STATEMENTS FROM MAYOR DE BLASIO AND CORPORATION COUNSEL CARTER ON COURT OF APPEALS DECISION ALLOWING WATER BOARD CREDIT TO PROCEED


  Mayor Bill de Blasio said: “The court’s decision clears the way for the Water Board to provide welcome financial relief for more than 664,000 New York homeowners. They can now receive a credit on an upcoming water bill, keeping money in the pockets of hard working New York families. This New Year we can celebrate another critical step towards building a more fair and equitable city.”

Corporation Counsel Zachary W. Carter said: “We are pleased that this state’s highest court has declared that the Water Board may lawfully take into account those residents who have been excluded from past rate relief programs.”

Flight Attendant Charged In Manhattan Federal Court With Airport Security Violations And Unlicensed Money Transmitting


  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Angel M. Melendez, the Special Agent in Charge of the New York Office of the Department of Homeland Security, Homeland Security Investigations (“HSI”), announced yesterday’s arrest of SCOTT McKINNEY, a flight attendant, for conspiracy to violate airport security requirements and operation of an unlicensed money transmitting business.  McKINNEY will be presented later today in federal court in San Diego, California, before United States Magistrate Judge Andrew G. Schopler.

Acting U.S. Attorney Joon H. Kim said:  “As alleged, Scott McKinney abused his privileges as an airline employee, misusing the Known Crewmember lane to smuggle hundreds of thousands of dollars through security, in furtherance of an illegal money transmitting business.  Thanks to the dedicated investigative work of HSI, McKinney’s illegal money transmitting business has been grounded.”

HSI Special Agent in Charge Melendez said:  “As a Known Crewmember, McKinney allegedly took advantage of the security access allowed with his position by transmitting large sums of money across the country without a license. Those who choose to use their position’s security clearance at our airports to smuggle cash, narcotics, or any other unlawful good, pose a significant threat to our national security and our efforts are centered to shut down that vulnerability.”
According to the Complaint filed today in Manhattan federal court:[1]

Between July and November 2017, McKINNEY, a flight attendant based in California, conspired with others to operate an unlicensed money transmitting business and to violate airport security requirements.  On several occasions, McKINNEY flew from California to New York to pick up packages containing $50,000 or more in cash at JFK Airport or other locations in New York City.  McKINNEY then flew back to California with the cash.  On some of these occasions, McKINNEY was on the ground at JFK Airport for two hours or less before flying back to California.  At the time of these trips, McKINNEY did not have a money transmitting license in New York or California, and was not registered as a money transmitter with the U.S. Department of the Treasury’s Financial Crimes Enforcement Network.  In a statement to HSI agents on or about September 15, 2017, McKINNEY admitted that he was aware of the licensing requirement and lacked such a license.

To facilitate the operation of his illegal money transmitting business, McKINNEY used the Known Crewmember (“KCM”) lane to bypass regular airport security screening.  The KCM lane allows approved airline crewmembers to pass through security more quickly and, typically, without having their carry-on luggage screened.  On several occasions, McKINNEY wore his crewmember uniform and used the KCM security lane – even though he was not working on those occasions – to smuggle bulk cash through airport security. 

For example, on September 15, 2017, McKINNEY flew from Los Angeles, landed at JFK Airport not wearing his crewmember uniform, entered the terminal, changed into his uniform, and retrieved a package from a co-conspirator in the airport parking garage.  McKINNEY then used the KCM lane to smuggle the package through security.  HSI agents subsequently approached McKINNEY while he was waiting to board a return flight to Los Angeles.  During a search of McKINNEY’s carry-on luggage, agents found the package that he had just received in the parking garage, which contained approximately $54,000 in cash.  McKINNEY told the agents that, on several prior trips, he had transported bulk cash from New York to California and then given the cash to a co-conspirator at the airport in Los Angeles.

McKINNEY, 49, of San Diego, California, was arrested on December 18, 2017, in San Diego.  McKINNEY is charged with one count of conspiracy to enter an aircraft or airport area in violation of security requirements and one count of conspiracy to operate an unlicensed money transmitting business.  Each count carries a maximum sentence of five years in prison. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

Mr. Kim thanked HSI for its outstanding work on this investigation.  He added that the investigation is continuing.

The charges contained in the Complaint are merely accusations, and the defendant is 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.

Queens Music School Teacher Sentenced To More Than 11 Years In Prison For Sex Trafficking Of Minors


  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that OLIVER SOHNGEN, a/k/a “Helmuth Moss,” a/k/a “Stephan Weierbach,” was sentenced today to 135 months in prison for sex trafficking of minors.  SOHNGEN pled guilty on August 10, 2017, before U.S. Magistrate Judge Ronald L. Ellis, and was sentenced today by U.S. District Judge Lewis A. Kaplan.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Oliver Sohngen, a teacher at a music school for children, was a sexual predator.  He paid to have sex with minor girls at least twice, and attempted to engage in sex trafficking of girls under the age of 14.   His significant sentence will ensure that he is no longer a threat to our community, in particular, our children.  We remain committed to prosecuting all those who, like Sohngen, prey on our most innocent and vulnerable victims.”

According to the Complaint and Information filed against SOHNGEN, other court documents publicly filed in this case, and statements made in court proceedings, including today’s sentencing:

Between March 2013 and November 2013, SOHNGEN exchanged text messages with a co-conspirator to arrange paid sexual encounters with minor girls ranging in age from 8 to 17.  On at least two occasions, SOHNGEN engaged in sexual contact with minor girls at the co-conspirator’s apartment in the Bronx, New York.  In addition, between November 2015 and January 2016, SOHNGEN participated in recorded telephone conversations with an undercover NYPD officer who was posing as a 15-year-old girl. SOHNGEN proposed to meet with the purported 15-year-old girl in order to engage in sexual conduct.

In addition to the prison term, SOHNGEN, 52, of Queens, New York, was sentenced to 10 years of supervised release.

Mr. Kim praised the outstanding investigative work of HSI and the NYPD, and expressed gratitude for the efforts of HSI’s New York Trafficking in Persons Unit and the NYPD’s Vice Enforcement Division Major Case Team.  Mr. Kim also expressed gratitude to the Bronx County District Attorney’s Office for its partnership in this investigation.   

Woman Charged In White Plains Federal Court With Sex Trafficking Of A Minor


  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”), and Donald B. Smith, Putnam County Sheriff, announced today that JENNIFER COVIELLO was arrested for the sex trafficking of a 17-year-old girl.  COVIELLO was presented before U.S. Magistrate Judge Lisa Margaret Smith in White Plains federal court this afternoon. 

Acting Manhattan U.S. Attorney Joon H. Kim said:  “Jennifer Coviello coerced a child to engage in commercial sex acts for Coviello’s profit, introducing the minor to illegal drugs, and fostering a drug dependency in the process.  Today’s arrest takes an allegedly dangerous woman off the street and is a testament to the continued cooperation between our federal and local law enforcement partners to combat the exploitation of children in our communities.”
           
FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “There are simply no words to express how despicable human behavior can be at times, and in law enforcement we see a lot of lows in human behavior.  But for a woman to allegedly sell an underage girl for sex is too much to understand.  The FBI agents and law enforcement officers who investigate these cases each day should be truly commended for their work, and their dedication to save these children from adults who put them in harm’s way just to make a dollar.”

Putnam County Sheriff Donald B. Smith said:  “My office is grateful to the U.S.  Attorney’s Office and the FBI for their diligent work in helping to put an end to this deplorable case, stopping the victimization of a young woman and bringing the perpetrator to justice.  This case is yet another example of how effective law enforcement can be when local agencies, the FBI, and the U.S. Attorney’s Office all work together to fight crime and to help keep Putnam County and the Hudson Valley safe.”   

According to the allegations in the Complaint[1] filed in White Plains federal court:

In December 2017, COVIELLO posted online advertisements soliciting prostitution customers for herself and the victim (“Victim-1”).  When COVIELLO received inquiries in response to the advertisements, she emailed and sent by text message photographs of Victim-1, including nude and partially nude photographs.  For approximately a week, COVIELLO operated her commercial sex business out of a motel in Putnam County, where she arranged for customers to meet her and Victim-1 to engage in commercial sex acts in exchange for cash.  During that week, COVIELLO provided Victim-1 with illegal drugs, including heroin, and arranged for Victim-1 to misrepresent to customers that she was over 18 years old.  COVIELLO kept the bulk of the profits from the commercial sex acts.


COVIELLO, 43, is charged with one count of sex trafficking of a minor, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison; and one count of use of interstate facilities to promote a prostitution enterprise, which carries a maximum sentence of five 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 defendant will be determined by the judge.

The investigation was conducted by the FBI’s Westchester County Safe Streets Task Force with the assistance of the Putnam County Sherriff’s Department.  Mr. Kim praised the outstanding investigative work of the FBI and the Putnam County Sherriff’s Department.  

The charges contained in the Complaint are merely accusations and the defendant is 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 charged offenses set forth herein constitute only allegations, and every fact described should be treated as an allegation.

A.G. Schneiderman To U.S. Transportation Secretary: Don't Withdraw Rule Requiring Airlines To Disclose Baggage Fees Upfront


16 AGs Call on Trump Administration to Implement Rule that Would Require Airlines to Disclose Fees to Consumers Throughout the Booking Process

  Attorney General Eric T. Schneiderman joined a coalition of 16 Attorneys General urging the Trump administration not to withdraw a rule requiring airlines and third-party booking companies to disclose baggage fees and other charges upfront, making it easier for passengers to know the true cost of buying their airline tickets.
The Transparency of Airline Ancillary Service Fees rule, proposed in January 2017, would have made it far easier for consumers to understand the full cost of their plane tickets. When a customer books a ticket, the baseline price is typically all that is shown. Carry-on baggage fees, checked baggage fees, seat fees, and more are not disclosed until booking is nearly complete – or even after tickets have been purchased. The rule would have required airlines to post all the fees up front at the beginning of the booking process – instead of surprising consumers at the end.
The coalition asked U.S. Department of Transportation Secretary Elaine Chao in a letter today to not withdraw the rule. U.S. airlines are expected to earn $57 billion from these fees this year – and $7 billion from baggage fees alone.
“Travel is stressful enough without having to worry about hidden fees,” said Attorney General Schneiderman. “Fees should be disclosed upfront – so customers know what they're paying for.”
The coalition was led by Pennsylvania Attorney General Josh Shapiro and includes the Attorneys General of New York, Pennsylvania, California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Mississippi, New Mexico, North Carolina, Oregon, Vermont, Washington, and the District of Columbia.
The Transportation Department announced earlier this month that it was withdrawing the rule, which was proposed during the final days of the Obama administration. The department said in a notice posted online that the rule would have been “of limited public benefit.”
According to a 2016 study cited by the Attorneys General in their letter to Secretary Chao, travelers paid an average of $100 in fees per round-trip on Spirit airlines, $97 on Frontier, and $86.92 on United. “We regularly hear reports from consumers in our states who are confused and frustrated by these fees, which significantly alter the total cost of travel,” the Attorneys General wrote.
The letter details the many different fees that airlines are increasingly charging consumers for basic services, which were previously considered standard services covered by the basic ticket price. In addition to baggage fees, some airlines charge for printing boarding passes at the airport, allowing passengers to select seats, and even to provide assistance to children traveling by themselves.
“It is critical that consumers are able to quickly and easily determine and understand the full costs of their travel to make informed choices,” the letter states. The Attorneys General wrote that while they are committed to working collaboratively with the Transportation Department to protect consumers and ensure the country’s aviation industry is able to grow, “this decision by your Department works against those goals, making it harder for Americans to be informed consumers when they travel.”

AT WILLIAMSBURG BRIDGE, DOT HAILS UNPRECEDENTED EXPANSION OF PROTECTED BIKE LANES CITYWIDE THIS YEAR


Twenty five lane miles in 2017 exceeds last year’s record; Dramatic improvements around Williamsburg Bridge will aid in the expected doubling in cycling volume during the L Train closure in 2019

  New York City Transportation Commissioner Polly Trottenberg today announced that DOT would finish 2017 with a record 25 miles of new protected bike lanes. Riding a Citi Bike, the Commissioner was joined near the Williamsburg Bridge by elected officials and advocates, who hailed the additional mileage within New York City’s growing 1,190-mile bicycle network.  The changes this year include new protected lanes that will help in the movement of L train riders, displaced when the L Train’s Canarsie Tunnel closes in April 2019 – when DOT anticipates daily bike volume over the Williamsburg Bridge will double.

 “My helmet is off to the DOT planning and construction crews that have this year shattered records with 25 miles of new protected bike lanes, part of the largest bicycle network in North America,” said DOT Commissioner Polly Trottenberg. “Twenty years ago, the city took a big step forward with its first plan to build a bike lane network, and cycling is now growing by orders of magnitude, faster than any other mode of transportation in the city. As we noted last week when we joined the MTA to unveil our plans for the L train closure, these terrific improvements around the Williamsburg Bridge will do a lot to address the even greater surge of cycling we expect to see then.”

  The Commissioner noted that the de Blasio Administration had committed to double cycling Citywide by 2020, and cited other highlights around bike lanes this year:

·  The 25 miles constructed this year exceeded the previous one-year record of 18 miles set in 2016 by 38%.
·  DOT also added more dedicated mileage (65 miles of conventional lanes and protected) than ever before, with two-thirds of that mileage outside Manhattan, providing safe routes to schools, parks, shops, restaurants and other neighborhood destinations.
· In Midtown Manhattan -- the center of commerce in New York City – cycling has increased 40% since 2013.  In 2017, DOT continued to build out a strong protected bike network in the central business district, with almost three miles of new lanes along Second, Fifth and Seventh Avenues.
·  Outside Manhattan, DOT listened closely to community groups, and worked alongside sister agencies such as Parks, and DOT built new protected bicycle lanes in new parts of the City, including along 111th Street in Queens and Gerritsen Avenue in Brooklyn.  DOT also completed the third phase of the transformation of Queens Boulevard, which has now gone more than three years without a pedestrian or cyclist fatality.
· Other new lanes completed this year around the City include those along Classon Avenue and Loring Ave in Brooklyn, Monsignor Del Valle Square in the Bronx, Van Duzer Street, Targee Street and St Paul's Avenue on Staten Island, and 150th Street and Parsons Boulevard in Queens.

  Even prior to the Canarsie Tunnel shutdown, the Williamsburg Bridge currently has the highest cyclist volumes of any East River crossing: 7,580 cyclists (along with close to 4,000 pedestrians on a walkway that is mostly separate from the bikeway). The project improving Williamsburg Bridge bike access from S. 4th Street and Borinquen Place repurposed underutilized space underneath the BQE on-ramp to create a new crossing for cyclists and pedestrians. Concrete barriers, used along La Guarina Playground, create dedicated bike lanes while slowing traffic along an area frequented by children.

  DOT also adjusted traffic signals to create a new more inviting public space along Havemeyer Street linking neighborhoods on each side of the elevated highway, and where heavy vehicular traffic had previously dominated.  These changes complement the improvements that DOT made last year at the nearby Williamburg Plaza B44 bus terminus that benefit thousands of daily pedestrians and bus riders.

  As part of Mayor de Blasio’s Vision Zero initiative to reduce traffic fatalities and serious injuries, DOT is implementing its most aggressive street redesign safety program, increased investment in street redesign and traffic-calming measures citywide. DOT has also improved the safety at a record number of dangerous intersections and thoroughfares and is installing a record number of Leading Pedestrian Intervals (LPIs) to give pedestrians a head start while crossing the street.

  For more information about the de Blasio Administration’s Vision Zero initiative, please seewww.nyc.gov/visionzero.

ENGEL STATEMENT ON TRUMP’S NATIONAL SECURITY STRATEGY


  Representative Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs, today made the following statement:

“For nearly a year, the Trump Administration has pursued a haphazard, fly-by-the-seat of-your pants ‘foreign policy’ that has severely eroded our country’s leadership on the global stage and made us less safe. Nothing in the President’s speech today or in the National Security Strategy gives me any confidence that the Administration is going to change its dangerous course. Prioritizing ‘America First’ over longstanding alliances, reversing President Obama’s landmark accomplishments on climate change, and mindlessly slashing American diplomacy and development efforts harms our standing in the world, undermines our national security, and cedes much greater influence to our adversaries.


“I’m also deeply troubled by what the President left out of his speech and the strategy—Russia’s 2016 election interference. More than a year after Russia attacked our democracy to promote his candidacy, the President still won’t fully acknowledge what took place, let alone dole out the tough response necessary to prevent it from happening again. And on too many issues—from North Korea to Syria to Iran—we continue to hear only contradictions and half-baked schemes from this Administration.

“I urge my colleagues in Congress to continue putting the national security of our country before party politics, especially at a time when our President fails to do so. This is the only way for us to ensure the safety and security of our country and our leadership in the world.”

Statements by Congressmen Eliot Engel, and Adriano Espaillat on the GOP Tax Reform Plan


Engel: New York is "Getting Screwed" by the GOP Tax Scam

  Congressman Eliot Engel, a top member of the House Energy and Commerce Committee, issued the following statement on House Republicans voting to pass the GOP tax reform plan:

“There’s no other way to say it: New York is getting screwed by the tax scam Congressional Republicans passed today. This bill will be painful for middle-class taxpayers, who will see their taxes increase, while permanent tax cuts go to the very wealthy and big corporations. It explodes the deficit by adding $2.3 trillion to the national debt over the next 10 years, which in turn will lead to massive cuts in Medicare, Medicaid, education, transportation, Homeland Security and environmental protection. And it will eliminate the Affordable Care Act’s Individual Mandate, raising costs on middle-class families and increasing health insurance premiums by 10% per year, all while possibly leaving 13 million more Americans uninsured.

“Then there are the state and local tax (SALT) deductions, which are capped at $10,000 for individuals and families. This is where donor states like New York will be hit disproportionately hard, as many middle-income New Yorkers would in effect be taxed twice on some of their income. The result would hit middle class families hard and while simultaneously putting be tremendous pressure on states and localities to use few resources to continue providing essential public services like education, local law enforcement, fire fighters, road construction and maintenance.

“Everything about this bill, from the process that froze out Democrats to the actual text of the legislation, is disgraceful. The American people should not forget this Republican betrayal come the 2018 mid-term elections.”

CONGRESSMAN ADRIANO ESPAILLAT STATEMENT ON THE REPUBLICAN TAX BILL

  “I voted no on the Republicans’ tax bill that will raise taxes on tens of millions of middle class families in my district and in communities around the nation. The GOP tax scam hands deficit-exploding giveaways to the wealthiest and corporations shipping jobs overseas,” said Rep. Espaillat.“The final assessment from the non-partisan Tax Policy Center shows the GOP tax scam will raise taxes on a staggering 86 million middle class households, giving 83 percent of its tax cuts to the wealthiest one percent. This disastrous tax plan hurts middle class families and the future of our economy. My constituents want and deserve real, bipartisan tax reform that puts them first by creating better jobs, better wages, and securing a stronger future. Today’s vote to advance the Republican tax bill is not the solution.”