DE BLASIO ADMINISTRATION ANNOUNCES CITYWIDE GUIDANCE AND NYPD PROTOCOL TO CODIFY RESTRICTIONS ON ASSISTANCE WITH FEDERAL IMMIGRATION ENFORCEMENT

New guidance implements Local Law 228, and prohibits City agencies from entering into agreements that would place employees under the direction or supervision of ICE, including 287(g) agreements

  The de Blasio Administration today announced the issuance of citywide guidance and new NYPD protocols to clarify and institutionalize the City’s policy that it will not voluntarily cooperate with federal immigration enforcement activities, and will only coordinate in limited circumstances, including where there is a public safety risk. In addition, the guidance prohibits City agencies from entering into formal or informal arrangements in which employees are placed under the direction or supervision of federal immigration officials, such as 287(g) agreements with ICE.

“We have been very clear that that our police officers and employees will not be a part of a federal deportation force,” said Mayor Bill de Blasio. “This new guidance reinforces that clear line. The City is committed to ensuring that immigrant New Yorkers have confidence in interacting with their local government in order to protect and promote public safety for all.”

“The NYPD’s job is to fight crime and keep New Yorkers safe,” said Commissioner James P. O’Neill. “This codifies existing procedure to ensure the NYPD is doing just that. The NYPD does not conduct civil immigration enforcement. The NYPD does not seek individual’s immigration status. Our work can only be done if every New Yorker has trust in the police and is willing to work with us in our collective efforts to ensure the safety of every neighborhood and every block of this great city.”

The new citywide guidance and the new NYPD protocols, issued pursuant to Local Law 228 of 2017, ensure that the City’s policy is institutionalized across the municipal government. In addition, the new guidance and protocols will ensure that any federal immigration officials’ requests for assistance will be reviewed in advance by senior City agency officials and assessed based on City policies such as the need to protect public safety, not for purposes of providing assistance with deportation.

The newly codified NYPD protocols have been issued to all members of the Police Department in an order from Police Commissioner O’Neill. Effective immediately, any requests for assistance with enforcement activities from a federal immigration enforcement agency are to be responded to in accordance with Local Law 228. Consistent with current policy, NYPD shall only coordinate with or assist ICE in instances where the citywide Duty Chief (that Chief in charge of citywide operations at the time of the incident) has identified a public safety issue and conferred with the NYPD Legal Bureau on the need to coordinate with or provide assistance to ICE. In emergency, life-safety related situations, the decision will be made by the highest ranking uniformed officer on the scene, with immediate notification to the Operations Unit.

City agencies, including the NYPD, will continue to cooperate with federal law enforcement agencies in certain circumstances, including as part of inter-governmental criminal task forces focusing on topics such as gangs, human trafficking, and terrorism, and by sharing information about individuals in the City’s criminal custody who have been convicted of one of approximately 170 qualifying violent or serious felonies under the City’s existing laws on immigration detainer requests.

The local law and the new guidance issued today prohibit City agencies from entering into 287(g) agreements in which local officers or employees are deputized by ICE to perform immigration enforcement. These agreements, which are in place elsewhere in the country, have been emphasized as an immigration enforcement tool by ICE under the Trump Administration.

The City remains in compliance with federal law and the U.S. Constitution, notwithstanding the U.S. Department of Justice's attempts to unilaterally impose immigration-related conditions on public safety grant funds that Congress intended to support local policing and prosecutors. The law and guidance do not regulate the disclosure of information described by 8 U.S.C.  1373, which is governed by the City's generally applicable confidentiality policy.

“New York City has long been at the forefront of asserting local government leadership in immigrant inclusion,” said Bitta Mostofi, Acting Commissioner of the Mayor’s Office of Immigrant Affairs. “With this guidance, we are ensuring the solidity and longevity of the City’s commitment to restricting assistance to federal immigration officials where it is not in our public safety interests.”

“The NYPD should always be focused on ensuring the safety of all New Yorkers, while keeping a clear line between any deportation efforts within the five boroughs,” said Council Member Donovan Richards, Chair of the Committee on Public Safety. “The day we start helping ICE is the day we lose the public trust, which is why this guidance and protocol is so critical. I’d like to thank Mayor de Blasio, Speaker Johnson and Police Commissioner O’Neill for their commitment to maintaining New York City as a sanctuary city.”

FIRST LADY CHIRLANE MCCRAY ANNOUNCES EXPANSION OF MENTAL HEALTH SERVICES FOR DOMESTIC VIOLENCE SURVIVORS TO ALL FIVE BOROUGHS

City has invested $3.3 million to support the implementation of Mental Health Teams at all five of the City’s Family Justice Centers to address the unique mental health needs of domestic violence survivors

  First Lady Chirlane McCray, Commissioner Cecile Noel of the Mayor’s Office to Combat Domestic Violence and NYC Health + Hospitals announced the expansion of Mental Health Teams at all five of the City's Family Justice Centers, with one in each borough. The City has invested $3.3 million to expand the Family Justice Centers holistic approach to mental health through trauma-informed psychotherapy and psychiatric services. The Mental Health Teams are an expansion of a program first piloted at the Bronx Family Justice Center in 2015 to deliver on-site clinical psychiatric services to survivors; a collaborative effort of ThriveNYC, the Mayor’s Office to Combat Domestic Violence, NYC Health + Hospitals, the Department of Psychiatry at Columbia University Medical Center, sponsored by the Chapman Perelman Foundation.

The Mental Health Teams will provide onsite clinical psychiatric and psychological assessments for clients within the FJC collaborative framework. Each team will work with clients to develop individualized treatment plans, which may include individual therapy, group therapy, psychoeducation and medication management. Clients will be able to attend workshops where they will learn adaptive techniques for dealing with trauma. As of December 2017, more than 250 survivors of domestic violence have already received mental health services at the City’s five FJCs.

“Nearly half of all women whose lives were lost last year occurred at the hands of an intimate partner - a grim reality nationwide as reported by the Centers for Disease Control and Prevention. That is why New York City continues to make early intervention and access to support for individuals a priority for those who have suffered trauma from intimate partner violence. The expansion of services will ensure survivors have greater access to the mental health services they need to heal,” said First Lady Chirlane McCray, Co-Chair of the Domestic Violence Task Force.

In recognition of pilot program’s success, Mayor Bill de Blasio announced in 2015 that New York City would replicate this mental health service model to FJCs across the five boroughs. There is a wide body of literature documenting the link between domestic violence and mental health conditions such as depression, post-traumatic stress disorder and anxiety, as well as increased substance abuse and suicidal thoughts. Domestic violence programs that have incorporated on-site trauma-informed counseling have demonstrated that such programs have a significant impact on supporting survivors’ emotional healing, strengths, resilience, and recovery.

“This Administration has an unwavering commitment to both assuring all New Yorkers have access to mental health services and all survivors of domestic violence receive the resources and support they need,” said Dr. Herminia Palacio, Deputy Mayor for Health and Human Services. “Through this investment we will now ensure that our Family Justice Centers not only address critical safety needs of survivors, but also meet their mental health needs through a holistic approach.  I am proud of our City agencies who are working together to make this a reality.”

“Addressing the mental health needs of survivors is a critical part of safety planning, and our efforts to help survivors heal,” said Cecile Noel, Commissioner of the Mayor’s Office to Combat Domestic Violence. “The expansion of mental health programs into the FJCs ensures that survivors have even greater access to services that will help them move forward and rebuild their lives.”

“Through the first adopters of our program, we’ve seen the meaningful impact of convenient access to behavioral health services for so many survivors of domestic violence,” said Charles Barron, MD, Medical Director of Behavioral Health, NYC Health + Hospitals. “We are very pleased that these services are now available in all five boroughs.”

“Survivors of IPV and their families often suffer with mental health needs as a consequence of trauma, but unfortunately face multiple barriers to accessing psychiatric and psychological services in traditional settings,” said Elizabeth Fitelson, MD, Co-Director of the Women’s Program at Columbia University. “Through our pilot partnership with the Chapman Perelman Foundation and OCDV, and now joining with a team of dedicated clinicians through NYC Health + Hospitals we have seen what a powerful positive impact providing collaborative, culturally appropriate care where survivors can access it has on survivors and their families.”     

                                                                

 “The Chapman Perelman Foundation has been proud to partner with Columbia University and the Mayor’s Office on this important and unique initiative,” said Anna Chapman, MD, of the Chapman Perelman Foundation. “In addition to providing critical trauma-informed clinical services to survivors of domestic violence city-wide, Columbia University's team of psychiatrists and psychologists are helping to disseminate an awareness of the mental health needs of domestic violence survivors, to all of the service providers with whom they come into contact.”

The Mayor’s Office to Combat Domestic Violence manages the City’s five FJCs in the Bronx, Brooklyn, Manhattan, Queens and Staten Island. The Centers serve as one-stop service centers to reduce barriers for victims of domestic violence, elder abuse, sex trafficking, and connect them to services in their language, regardless of immigration status, income, sex, gender identity, or sexual orientation. The City’s Domestic Violence Hotline is available 24/7 and provides safety planning, referrals, and connections to emergency housing for victims of domestic violence. Individuals can contact the City’s Domestic Violence Hotline at 1-800-621-HOPE.

The de Blasio administration is prioritizing new and innovative approaches and responses to domestic violence and launched the NYC Domestic Violence Task Force last year, an $11 million initiative, which is implementing a set of 32 recommendations for a coordinated, citywide strategy to combat domestic violence. Co-chaired by First Lady Chirlane McCray and NYPD Commissioner James O’Neill, the work of the Task Force is led by Elizabeth Glazer, the Director of the Mayor’s Office of Criminal Justice, Commissioner of the Mayor’s Office to Combat Domestic Violence Cecile Noel and the Task Force’s Executive Director Bea Hanson.

New York City has made significant strides towards combating domestic violence and supporting survivors within the last year, including:

• Signing Intro. 1313-A that expands paid leave to domestic violence, sexual assault, stalking and trafficking survivors to allow individuals the opportunity to tend to immediate safety needs without fear of penalty or loss of income.
• Forming a new protocol to intervene on behalf of families in high-risk domestic violence cases, receiving prevention services from the Administration for Children’s Services to be screened for risk factors and help develop safety plans – a recommendation from the NYC Domestic Violence Task Force.
• Assisting FJC clients in housing related matters, in collaboration with the Office of Civil Justice. Domestic Violence Survivors can receive legal assistance or representation for eviction proceedings, rent arrears, foreclosures, housing discrimination and tenant harassment.
• Expanding healthy relationship education to 128 middle schools throughout all five boroughs through the Early-Relationship Abuse Prevention Program (Early-RAPP). Additionally, through the Creating Awareness about Relationship Equality Program (CARE), which launched in 2016, more than 1,700 youth in foster care have participated in healthy relationship workshops. 

“Building up the mental health skills and capabilities of staff working with people who have experienced trauma is crucial to ensuring better paths to recovery,” said Health Commissioner Dr. Mary T. Bassett. “By increasing the ability of trusted Family Justice Center staff to respond to mental health needs, along with offering other social services, the City is making it easier for domestic violence survivors to get support. This is an exciting expansion of the work we’re doing as part of ThriveNYC to ensure every New Yorker has access to mental health services.”

Bronx Borough President Ruben Diaz Jr. - Annual Dominican Heritage Celebration 2018

Bronx Borough President  Ruben Diaz Jr. Cordially Invites You To Dominican Heritage Month Thursday, February 8, 2018  5:30 pm  Grand Slam Banquet Hall 478 E Tremont Ave, 2nd Floor   2018 Honorees Honorable Carmen De La Rosa New York state Assembly Rudy Fuertes President, National Supermarket Association Assistant Chief Fausto Pichardo Executive Officer Patrol Services Bureau Estela Vazquez Executive Vice President Montefiore / Montefiore Offsite /  Bronx Independents 1199 SEIU  For information & to RSVP call 718-590-3989  or email smalave@bronxbp.nyc.gov

Governor Cuomo Announces Taste NY Sales Increased to More than $16 Million in 2017

Program Sees $3 Million Increase Over 2016 through Taste NY Stores, Concessions and Events

Governor Proposes Expansion of Taste NY in 2018-19 Budget to Further Strengthen State's Food and Beverage Industry, Promote Agriculture and Tourism Statewide

  Governor Andrew M. Cuomo announced Taste NY sales continued to increase in 2017, growing to a record $16.1 million. Total gross sales of New York products from Taste NY stores, cafés, bars, concessions and events topped last year's sales totals by $3 million. The significant year-over-year growth reflects increasing consumer demand for local food and beverage products, which supports New York's agricultural and tourism industries.

"Taste NY has put local products on the map, boosting tourism, helping local craft breweries, wineries, distilleries and cideries grow, and increasing opportunities for producers in every corner of this great state," Governor Cuomo said. "By connecting consumers across the globe with fresh, locally-grown products, Taste NY continues to support the growth of farms and small businesses across New York."

The Taste NY initiative has seen steady growth and recognition since it was created in 2013. The program reported sales of $1.5 million in 2014, tripled those figures to $4.5 million in 2015, and $13.1 million in 2016. The exposure from Taste NY has helped the farms and companies participating in the program to reach more customers, increase online sales, and, in many cases, expand the processing capacity of their business. Taste NY's food and beverage businesses also support the State's farmers by using New York grown and produced ingredients in their products.

In the past year, Taste NY made products available at 13 new locations and participated in major, large events, such as The Northern Trust and the New York City Marathon. As part of Governor Cuomo's vision to construct a state-of-the-art Welcome Center in each region of the state, Taste NY is promoting local products at the Southern Tier, Mohawk Valley, New York City, and Central New York Welcome Centers, in addition to the Long Island Welcome Center that opened in 2016.

In 2017, Taste NY opened concessions in six additional state parks, bringing high-quality New York food and beverage products to park visitors. Guests can now find New York made food and drinks at a total of 10 properties, including Olana State Historic Site, Saratoga Performing Arts Center, Jones Beach State Park, and Niagara Falls State Park. Together, parks selling local Taste NY food and beverages draw nearly 30 million visitors annually. In addition, last year, Taste NY launched the state's first-ever Taste NY Craft Beverage Week in New York City, hosted the Taste NY Craft Beer Challenge with celebrity and professional judges, and held the Taste NY Food Truck Competition and first-annual Craft Beer Competition at the Great New York State Fair.

A complete list of Taste NY locations can be found at www.taste.ny.gov. The 2017 Taste NY annual report is available here.

To build on the success of 2017 and further connect New York producers to new markets, Governor Cuomo's 2018-2019 Executive Budget proposes additional support for Taste NY. This year, the Department of Agriculture and Markets will identify ten core food and beverage categories that will be highlighted in New York's regional Welcome Centers to further strengthen Taste NY branding and tell the exciting stories behind New York's businesses. The Department will also coordinate with other state agencies on possible new Taste NY locations as infrastructure projects are developed across the state, including the reconstruction of train stations and airports.

Additionally, the Department of Agriculture and Markets will host five regional Business-to-Business Taste NY Networking events to connect New York farms, food and beverage businesses with buyers from institutions, retail locations, restaurants, bars, and distributors.

The Taste NY website, www.taste.ny.gov, will also be transformed to operate as a one-stop resource for residents, visitors, and businesses. The website's presentation, functionality and resources will be improved to provide better information on New York's agri-tourism destinations and better connect New York's producers to new markets.

State Agriculture Commissioner Richard A. Ball said, "Taste NY continues to bring unprecedented exposure to New York's farmers and food and beverage companies that are creating great eats for consumers around the globe. We're proud of the success of our Taste NY vendors, our stores and operators, and our partners who have helped to bring the Governor's vision for a buy-local program to a new level. We look forward to the continued growth of the program as we work on new ventures this year."

A.G. Schneiderman And Governor Cuomo Announce $1 Billion Lawsuit Against Trump Administration To Protect Federal Health Insurance Funding For 700,000 New Yorkers

NY, MN Attorneys General Sue Trump Administration for Unlawful Funding Cuts to Basic Health Program

$1 Billion in Federal Funding Currently Used to Support 700,000 Low-Income New Yorkers Covered by NY’s Essential Plan

  New York Attorney General Eric T. Schneiderman and Governor Andrew M. Cuomo announced a lawsuit against the Trump administration for its abrupt and unlawful cutoff of more than $1 billion in federal funding for New York’s Essential Plan, which provides critical health care to over 700,000 low-income New Yorkers. The Essential Plan, which is New York’s Basic Health Program (BHP), is a state-run health insurance program for low-income New Yorkers created under the Affordable Care Act and primarily funded by the federal government.

The lawsuit, which was filed today by Attorney General Schneiderman and Minnesota Attorney General Lori Swanson in the U.S. District Court for the Southern District of New York, details how the U.S. Department of Health and Human Services (HHS) – without adequate justification and in disregard of lawful procedure – withheld legally-required funding owed to New York and Minnesota to operate their BHPs.  New York and Minnesota are the only states that operate BHPs, which collectively provide health insurance coverage to over 800,000 residents.

“The Essential Plan is a lifeline for over 700,000 low-income New Yorkers. The abrupt decision to cut these vital funds is a cruel and reckless assault on New York’s families – and we will not allow it,” said Attorney General Schneiderman. “I won’t stand by as the federal government continues to renege on its most basic obligations in a transparent attempt to dismantle the Affordable Care Act. We’re suing to defend these vital funds and the quality, affordable health care they ensure for New Yorkers.”

“The Trump administration’s action jeopardizes quality care for hundreds of thousands of vulnerable New Yorkers and goes against everything we stand for in New York,” Governor Cuomo said. “In New York, we believe health care is a right, not a luxury, and we will fight to protect that right for all New Yorkers. We are joining together to stop this injustice and preserve New York’s Essential Plan for everyone that needs it.” 

New York’s Essential Plan is extremely successful, with the vast majority of eligible individuals choosing to participate due to the low costs of coverage and generous benefits. Depending on income, some enrollees do not pay any premiums, while others pay at most $20 per month; there is no deductible, and the plan covers preventive care without cost sharing – providing access to critical health care for low-income New Yorkers. Despite New York’s tremendous success in implementing this federally-created program, in December 2017 HHS abruptly determined that it would cut off 25 percent of the federal funding owed to New York to operate the Essential Plan — a loss of over $1 billion in mandatory federal funding over just one year. At the same time, and with the same flawed procedures and inadequate justifications, HHS also cut off BHP funding for Minnesota.

While New York and Minnesota submitted proposals to HHS that would restore the states’ funding, HHS failed to respond to those well-supported proposals and instead continued its unlawful and unjustified determination to pay only a portion of the full funding owed.

New York and Minnesota are challenging HHS’s illegal cutoff of federal funds, as well as its failure to respond to, and consequently its failure to adopt, the states’ reasonable alternative funding proposals. HHS’s actions violate the Administrative Procedure Act (APA) in a multitude of ways — including failing to follow the clear procedures set forth in the APA for making such significant administrative payment decisions. Accordingly, the states seek to have the court set aside HHS’s unlawful payment determinations and compel HHS to restore the states’ BHP funding as required by federal law.  

 “For each dollar Minnesota sends to Washington D.C., we get just 53 cents back,” said Minnesota Attorney General Lori Swanson. “This lawsuit seeks to avoid Minnesota losing hundreds of millions of dollars of payments in the coming years.”

“The Essential Plan has made accessing health care possible for lower income New Yorkers,” said New York State Health Commissioner Dr. Howard Zucker. “These federal actions jeopardize access to health care for the over 700,000 New Yorkers who depend on this program. We must stand together to protect those who depend on it. ”

Former High School Librarian Sentenced To 15 Years In Prison For Kidnapping Conspiracy

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that CHRISTOPHER ASCH was sentenced yesterday to 15 years in prison for conspiring to kidnap, rape, and murder the wife of a man he had met over the Internet, as well as a female Federal Bureau of Investigation (“FBI”) agent working in an undercover capacity.  ASCH was convicted of two counts of kidnapping conspiracy following a jury trial before U.S. District Judge Paul G. Gardephe, who imposed the sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Christopher Asch, a former New York City public school librarian, received a significant prison term for his involvement in two sadistic kidnapping, rape, and murder conspiracies.  Prosecuting and bringing to justice perpetrators of such depraved and violent crimes is at the core of this Office’s mission.  We thank our law enforcement partners at the FBI for their tireless efforts to bring Asch to justice.”

According to the charging document, other documents previously filed in Manhattan federal court, and in statements made during court proceedings:

Between the spring of 2011 and January 2013, ASCH, Richard Meltz, and Michael Van Hise engaged in a series of email and instant message communications during which they discussed and planned the kidnapping, torture, and murder of Van Hise’s wife and other members of Van Hise’s family.  Van Hise sent ASCH and Meltz photographs of these family members, and the approximate location of their residence. 

In addition, beginning in approximately January 2013, ASCH, Meltz, and an FBI agent working in an undercover capacity (“UC-1”),  began discussions about kidnapping a woman, who unbeknownst to ASCH and his co-conspirators was also an FBI agent working in an undercover capacity.  UC-1 and ASCH met on a number of occasions in Manhattan, and during one meeting ASCH provided UC-1 with a bag of materials to be used during the kidnapping and torture of the intended victim, including, among other things, a ski mask, hypodermic needles, leather ties, chrome forceps, a three-page gun show itinerary, documents relating to a “leg-spreader” and “dental retractor” that ASCH claimed to have purchased, and the liquid form of doxepin hydrochloride, commonly used as a sleep agent.  ASCH also traveled from New York to Pennsylvania to attend a gun show and purchased a high-voltage Taser gun to incapacitate the victim during the planned kidnapping. 

In addition to the prison term, ASCH, 65, of Manhattan, New York, was sentenced to five years of supervised release.

Meltz, 67, of Linden, New Jersey, pled guilty in September 2014 before Judge Gardephe and was sentenced to 10 years in prison. Van Hise, 27, of Newark, New Jersey, was convicted in March 2014 following a jury trial before Judge Gardephe and is awaiting sentence.

Mr. Berman praised the outstanding investigative work of the FBI.

Former President And CEO Of New York City Non-Profit Organization Pleads Guilty To Embezzlement Of Government Funds

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that DEREK BROOMES, the former president and chief executive officer (“CEO”) of a nonprofit housing organization based in Harlem, New York (the “Housing Nonprofit”), pled guilty before U.S. Magistrate Judge Kevin Nathanial Fox to abusing his position at the Housing Nonprofit to embezzle hundreds of thousands of dollars in federal funds. 

U.S. Attorney Geoffrey S. Berman said:  “Derek Broomes abused his position by selfishly diverting hundreds of thousands of dollars in public funds designed to assist low-income citizens living with HIV/AIDS.  It is hard to imagine a more at-risk, vulnerable tenant population than the one Broomes chose to victimize, and for that reason today’s guilty plea is a deserving one.”

According to the allegations contained in the Complaint, the Indictment, and publicly-available documents:

The Housing Nonprofit is a faith-based, non-profit organization located in New York, New York that develops and provides low-income housing in Harlem to a variety of constituencies.  In approximately 2002, DEREK BROOMES, the defendant, became the chief financial officer of the Housing Nonprofit.  In approximately 2011, BROOMES became its president and CEO.  Prior to joining the Housing Nonprofit, BROOMES worked briefly as a Deputy Commissioner at the New York City Human Resources Administration (“HRA”) and, for three years at the City’s Department of Investigation (“DOI”) in various capacities, including as an investigator and Deputy Inspector General.

Since at least 1999, the Housing Nonprofit has participated in the federally funded Scattered Site Housing Program (“SSHP” or the “Program”), through which the Housing Nonprofit receives federal funds that it uses to subsidize rents for low-income individuals who are living with HIV and/or AIDS.  According to Program rules, SSHP funds are to be maintained in a segregated account and used exclusively for Program costs, including rental payments for residents covered by the Program.  In fiscal years 2014 and 2015, the Housing Nonprofit received more than $3,000,000 in SSHP funds.

Beginning in at least 2013, BROOMES abused his position as president and CEO of the Housing Nonprofit, stealing hundreds of thousands of dollars in funds from his employer by charging personal and unauthorized expenses to a corporate credit card issued in his name (the “Corporate Credit Card”).  Using the Corporate Credit Card, BROOMES routinely paid for personal auto repairs, medical bills, electronics, clothing, and gifts.  None of these charges were authorized by the Housing Nonprofit, which ultimately was required to pay the monthly bills on the Corporate Credit Card.  In total, between approximately March 2013, when the Corporate Credit Card was issued, and March 2015, when it was cancelled, BROOMES charged $394,145.65 to the Corporate Credit Card.  Of that, an analysis conducted by the Housing Nonprofit determined that more than $200,000 of those charges were either personal or otherwise unauthorized.

To cover those expenditures and other operating expenses at the Housing Nonprofit, BROOMES misappropriated hundreds of thousands of dollars in federal funds that were provided through the SSHP.  Specifically, BROOMES diverted the SSHP funds, which were intended to be used to cover rent payments for residents covered by the Program, to the Housing Nonprofit’s operating account, where they were used to pay for unauthorized expenses, including the monthly Corporate Credit Card bills.  As a result of BROOMES’s diversion of SSHP funds, the Housing Nonprofit was often unable to make rent payments for SSHP apartments on a timely basis.  The Housing Nonprofit thus fell increasingly behind on its rent obligations due to a lack of sufficient SSHP funds in its accounts, and tenants it sponsored in the SSHP began to receive threats of eviction by landlords who were owed months’ worth of back rent by the Housing Nonprofit. 

Moreover, to conceal his conduct, BROOMES submitted, and caused others to submit, false and fraudulent reimbursement requests to HRA, which administers the SSHP, in which BROOMES and others acting at his direction certified that the Housing Nonprofit had properly used SSHP funds for program expenses, including rental payments, when, in fact, substantial amounts of those funds had been diverted to cover unauthorized expenses, including the substantial charges incurred by BROOMES’s use of the Corporate Credit Card.  BROOMES personally signed false and fraudulent paperwork submitted to HRA as a part of the Housing Nonprofit’s monthly certifications and reimbursement requests on May 8, 2013, and July 19, 2013, and directed others to sign similarly false monthly certifications and related paperwork throughout the duration of the charged scheme.

BROOMES, 72, pled guilty to one count of embezzlement from a federally funded program, which carries a maximum penalty of 10 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  The maximum statutory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.  As a condition of the plea, BROOMES consented to the entry of a forfeiture order in the amount of $203,408.80 and further agreed to entry of an order of restitution.  BROOMES is scheduled to be sentenced by the Chief Judge Colleen McMahon on April 26th, 2018.

FORMER PRESIDENT AND CEO OF CITY-FUNDED NONPROFIT ORGANIZATION PLEADS GUILTY TO FEDERAL FRAUD CHARGES

   Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), issued the following statement on the guilty plea of DEREK BROOMES, the former president and chief executive officer of the nonprofit housing organization Harlem Congregations for Community Improvement (“HCCI”) to one count of embezzling funds from a government-funded program and instead using the money to pay for personal expenses. HCCI provides various services, including services relating to housing and economic development. U.S. Magistrate Judge Kevin Nathaniel Fox presided over the plea in the United States District Court for the Southern District of New York. The Office of Geoffrey S. Berman, United States Attorney for the Southern District of New York, prosecuted the case. BROOMES is expected to be sentenced on April 26, 2018.

  DOI Commissioner Mark G. Peters said, “This defendant stole public funds from some of the City’s neediest New Yorkers and his criminal conduct undermined one of the most basic needs of life – housing. DOI thanks the Office of the United States Attorney for the Southern District of New York for their partnership on this important case, helping us protect valuable taxpayer funds and vulnerable New Yorkers.”

  BROOMES, 72, of the Bronx, N.Y., pleaded guilty to one count of embezzlement from a program receiving federal funds, a federal charge which carries a maximum term of imprisonment of ten years.

  According to DOI’s investigation, since 2013, BROOMES stole more than $200,000 in funds from HCCI using a corporate credit card issued in his name to purchase luxury items, including electronics and clothing, and other unauthorized expenses, including personal auto repairs and medical bills. To cover up these expenditures, BROOMES misappropriated federal funds that were provided to HCCI through the federally-funded Scattered Site Housing Program (“SSHP”), funds designated to subsidize rents for low-income individuals who are living with HIV and/or AIDS. As a result of these actions, HCCI was often unable to make rent payments for the apartments on a timely basis and tenants of the SSHP apartments were threatened with eviction.

  DOI Commissioner Peters thanked United States Attorney for the Southern District of New York Geoffrey S. Berman, and his staff, for their partnership in this investigation.