Please Join NYC Council Member Mark Gjonaj for a Cocktail Fundraiser in Support of Nathalia Fernandez

Dear Friend,

In a time of need, our community deserves an Assembly member who will fight to improve our quality of life, support our local businesses, and ensure that our children attend great schools. Your representative must do everything they can to protect our seniors, children, and our most vulnerable residents in New York. 

I will to be that representative this district deserves. 

My experience working in the State Legislature, in the Assembly and later in the Executive Chamber combined with my with my strong relationships in this community, has prepared me to be an effective representative on day one.

My commitment, first and foremost, will be to you. I will be an accessible representative who will always be available to assist in resolving community issues. The well-bring of my district is my top priority. But I can't do this alone. By working together we can make our neighborhoods even stronger.

As such, I would like to invite you to my first fundraiser on Thursday, March 15th at F & J Pine, 1913 Bronxdale Ave, Bronx, NY 10462.

Please encourage and invite your friends, neighbors, and colleagues to attend as well. Please see the attached flyer for full details. I would love the chance to speak to you further about my campaign and my vision for our community.

Only with your full support will we be able to win this election. Please consider making a donation even if you are unable to attend. If you have any questions, please contact me at fernandez4ny@gmail.com.

Sincere Regards, 

Thursday, March 15, 2018

6 p.m. – 8 p.m.

The Pine

1913 Bronxdale Avenue

Bronx, NY 10462

Suggested Donation:

Friend: $100.00 ..........,,,,..Supporter: $250.00,,,,,,,,,,,,,,,,,,,,,

Patron: $500.00 ................Benefactor: $1000.00.......................

Sponsor: $2500.00...............

Please make checks payable to: Fernandez For New York 2199 Cruger Avenue, Apt. 4# Bronx, NY 10462. Fernandez For New York may accept contributions from individuals, businesses, PACS, Corporations & LLCs. Donations are not tax deductible. 

BRONX MAN TO GET 15 YEARS TO LIFE IN PRISON FOR FATALLY SHOOTING MAN FOLLOWING FIGHT

Defendant Pleaded Guilty To Murder

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has pleaded guilty to second-degree Murder for fatally shooting a man he was fighting with and will be sentenced to 15 years to life in prison. 

  District Attorney Clark said, “The defendant escalated a senseless brawl, causing the death of a man who lingered in pain from his injuries for over a month. We hope this sentence serves as a reminder that we will not tolerate gun violence and will continue to work to make our community safer.” 

 District Attorney Clark said the defendant, Frank Ellis, 50, pleaded guilty today to second-degree Murder before Bronx Supreme Court Justice Alvin Yearwood and will be sentenced to 15 years to life in prison on March 28, 2018. 

 According to the investigation, on November 7, 2014, inside a store at 2019 Vyse Ave., the defendant was involved in an argument with Candido Lopez, 52. The defendant punched Lopez, left the store and returned a short time later with a firearm. Ellis fired two shots, striking Lopez, and fled. Lopez died of his injuries five weeks later on December 9, 2014. Ellis, who is a mandatory persistent felon, was arrested on April 17, 2015.

 District Attorney Clark thanked Detectives Lincoln Archambeau of the 48th Precinct and Sean O’Leary of the Bronx Homicide Squad, as well as Assistant District Attorney Tala Nazareno of Trial Bureau 20 for their assistance in the case.

Manhattan Man Arrested For Attempting To Hire Hitman To Murder Three Intended Victims

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced that JOEL ROSQUETTE, a/k/a “Rick,” was arrested today for attempting to hire a hitman to murder three intended victims.  ROSQUETTE was presented today in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Joel Rosquette attempted to hire a hitman to murder two of his neighbors in Manhattan and the owner of a gas station in Staten Island.  Now, thanks to the dedicated work of our partners at the FBI, Rosquette’s plan has been foiled, he is in federal custody, and his intended victims are safe.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, Rosquette commissioned a hitman to carry out three murders on his behalf.  In the end, he was fooled by the merits of his own plan. Today, we foiled this murder-for-hire scheme, sparing three innocent lives a most unfortunate fate.”

According to the allegations in the Complaint filed today in Manhattan federal court[1]:

ROSQUETTE hired an individual he thought was a hitman to murder two of his neighbors in Manhattan.  Because ROSQUETTE was short on cash, he arranged for the hitman to murder another person first – the owner of a gas station in Staten Island – and rob the gas station’s safe.  ROSQUETTE’s plan was to have the proceeds of the gas station robbery pay for the murder of his two neighbors.  What ROSQUETTE did not know was that the person he thought was a hitman was actually an undercover FBI agent.  This morning, ROSQUETTE was arrested and his plan to commission three murders was foiled.

ROSQUETTE, 50, of Manhattan, New York, is charged with three counts of murder-for-hire, each of which carries a maximum sentence of 10 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

U.S. Attorney Berman praised the outstanding work of the FBI.  

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.

William McFarland Pleads Guilty In Manhattan Federal Court To Defrauding Investors And A Ticket Vendor Of Over $26 Million

McFarland Engaged in a Scheme to Defraud over 80 Investors in Fyre Media Inc. and Fyre Festival LLC, as well as a Fyre Festival Ticket Vendor, Causing More Than $26 Million in Losses

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that WILLIAM McFARLAND pled guilty today to one count of wire fraud in connection with a scheme to defraud investors in a company controlled by McFARLAND, Fyre Media Inc. (“Fyre Media”), as well as its subsidiary (“Fyre Festival LLC”), which was formed to hold a music festival called the “Fyre Festival” (the “Festival”) over two weekends in the Bahamas.  McFarland also pled guilty to a second count of wire fraud in connection with a scheme to defraud a ticket vendor for the Festival.  McFARLAND pled guilty before U.S. District Judge Naomi Reice Buchwald. 

U.S. Attorney Geoffrey S. Berman said:  “As he admitted today, William McFarland tendered fake documents to induce investors and a ticket vendor to put more than $26 million into his company and the disastrous Fyre Festival.  He now awaits sentencing for his admitted swindle.”

According to the complaint and Superseding Information to which McFARLAND pled, as well as statements made in court:

McFARLAND was the founder and chief executive officer of Fyre Media.  In 2016, McFARLAND started Fyre Media to build a digital application that would allow individuals organizing commercial events, such as concerts, to bid for artist and celebrity bookings at such events.  From at least in or about 2016, up to and including in or about May 2017, McFARLAND conducted a scheme to defraud individuals by inducing them to invest millions of dollars in Fyre Media.  Through this scheme, McFARLAND caused losses to at least 80 victim-investors, totaling more than $24 million dollars.  McFARLAND orchestrated this scheme through several means and methods.

McFARLAND repeatedly made materially false statements to investors about Fyre Media’s revenue and income, and manipulated Fyre Media’s financial statements and supporting documentation to hide Fyre Media’s true financial condition.  McFARLAND represented to investors that Fyre Media had earned millions of dollars of revenue solely from talent bookings; a review of Fyre Media’s records shows that those numbers were significantly overstated.  McFARLAND also provided falsified income statements to investors that purported to show that from approximately April 2016 to February 2017, Fyre Media had earned millions of dollars in income from talent bookings.  In reality, Fyre Media’s income from talent bookings from approximately May 2016 to April 2017 was only $57,443.  In addition, McFARLAND provided falsified documents to investors showing over 2,500 confirmed talent bookings in a single month when, in fact, there were only 60 confirmed talent bookings in the entire year.   

McFARLAND repeatedly made misrepresentations to investors designed to overstate Fyre Media’s financial condition and stability.  For example, McFARLAND told investors that a reputable venture capital firm (the “VC Firm”) had completed its due diligence process and had decided to invest in Fyre Media.  To the contrary, a VC Firm employee communicated to McFARLAND that the VC Firm would not invest in Fyre Media without first completing its due diligence, which the VC Firm had not done due to McFARLAND’s failure to provide many of the requested Fyre Media documents. 

In late 2016, McFARLAND established a subsidiary, Fyre Festival LLC, to hold a music festival called the “Fyre Festival” over two weekends in the Bahamas.  McFARLAND made repeated misrepresentations to investors with respect to their investments in Fyre Festival LLC. McFARLAND overstated the Festival’s receivables that he used as collateral for numerous investments to cover Festival expenses.  McFARLAND also secured numerous investments in Fyre Festival LLC by claiming that investors would have the rights to payouts from Festival event cancellation insurance policies when, in reality, no event cancellation insurance policies had been executed for the Festival.  Ultimately, the Festival was canceled and widely deemed to have been a failure.

McFARLAND also repeatedly made materially false statements to investors about his own financial condition.  For example, in order to induce several investors to make an investment in Fyre Media, McFARLAND provided an altered stock ownership statement to inflate the number of shares he purportedly owned in a publicly traded company, so that it would appear that McFARLAND could personally guarantee the investment.  In addition, despite the fact that McFARLAND’s applications to two banks (“Bank-1” and “Bank-2”) for millions in personal loans had not been approved, McFARLAND misrepresented to investors that the monies from those bank loans could serve as collateral for their investments.  On one occasion, McFARLAND sent an investor a snapshot of an email purporting to be from a Bank-1 banker (“Banker-1”) to McFARLAND approving a $3 million dollar loan.  Not only had Banker-1 not sent that email, Bank-1 had not approved McFARLAND’s loan application.

McFarland also made materially false statements to certain of Fyre Media’s investors about Magnises, a credit card and private club for millennials that was founded and run by McFARLAND as chief executive officer.  McFARLAND told certain of Fyre Media’s investors that he had sold Magnises for approximately $40 million and made a profit of several million dollars personally from the sale, when in reality, McFARLAND had not sold Magnises.  McFARLAND also falsely stated to certain of Fyre Media’s investors that specific individuals were the acquirers of Magnises, when in fact, they were not.  McFarland also falsely stated to certain of Fyre Media’s investors that a group of acquiring partners were forming a new company to purchase Magnises, when in fact, no such group existed.

In addition, in or about April 2017, McFARLAND defrauded a ticket vendor (“Vendor-1”) by inducing Vendor-1 to pay $2 million for a block of advance tickets for future Festivals over the next three years.  McFARLAND also provided Vendor-1 with a fraudulent income statement for Fyre Media that grossly inflated the Company’s revenue and income.

McFARLAND, 26, of New York, New York, pled guilty to two counts of wire fraud, each of which carries a maximum sentence of 20 years in prison, and consented to a forfeiture order in the amount of $26,040,099.48.

The maximum potential 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. Berman praised the investigative work of the Federal Bureau of Investigation’s New York Field Office, and thanked the Securities and Exchange Commission for its assistance. 

A.G. Schneiderman Announces $750,000 Joint Settlement With Long Island Pediatrics Practice Resolving Allegations Company Submitted False Claims To Medicaid

NY’s Medicaid Program To Receive Over $450,000 As Part Of Joint State-Federal Settlement

  Attorney General Eric T. Schneiderman today announced a joint state-federal settlement with the Long Island, NY-based pediatrics practice Freed, Kleinberg, Nussbaum, Festa & Kronberg M.D., LLP (Practice), as well as various current and former partner physicians of the Practice, including Arnold W. Scherz, M.D., Mitchell Kleinberg, M.D., Michael Nussbaum, M.D., Robert Festa, M.D., and Jason Kronberg, D.O. (Partners)—doing business as Pediatrics and Adolescent Medicine. The agreement settles allegations that the Practice and Partners did not routinely enroll all of their employee providers treating Medicaid patients in the Medicaid program, and instead used the Partners’ Medicaid provider identification numbers to bill for the treatment of Medicaid beneficiaries by unenrolled employee providers. An investigation conducted by the Attorney General’s office found that the false claims occurred at many of the practice’s Long Island locations. The pediatrics practice has locations in Holbrook, Port Jefferson, Shirley, and Wading River, NY. New York’s Medicaid program will receive $450,000 as part of the $750,000 settlement agreement.   

“Providers who are not properly enrolled in Medicaid before treating Medicaid beneficiaries undermine the integrity of the program and its efforts to serve our neediest New Yorkers,” said Attorney General Schneiderman. “Those serving Medicaid beneficiaries must be properly credentialed and thoroughly vetted prior to Medicaid enrollment to ensure that beneficiaries get the care they deserve from qualified professionals.”

Specifically, the settlement agreement resolves allegations that, from July 1, 2004 through December 31, 2010, the Practice and Partners did not enroll all of their provider employees in Medicaid prior to allowing them to treat patients who were Medicaid beneficiaries. Instead, providers employed by the Practice would treat Medicaid patients and bill under the Partners’ Medicaid identification numbers, as if the billing Partners were the ones seeing those patients, even when they had not.

The State contends that this practice caused false or fraudulent claims to be submitted to and reimbursed by the State’s Medicaid program, for services performed by providers who were not enrolled in Medicaid—a direct violation of Medicaid’s regulations.

The settlement resolves allegations asserted in a qui tam action brought by a whistleblower in the United States District Court for the Eastern District of New York. The Attorney General wishes to thank the United States Attorney’s Office for the Eastern District of New York for its assistance in this investigation.

A.G. Schneiderman Announces $575,000 Settlement With EmblemHealth After Data Breach Exposed Over 80,000 Social Security Numbers

EmblemHealth Agrees to Implement Corrective Action Plan and Conduct Comprehensive Risk Assessment

AG Schneiderman Renews Call to Pass SHIELD Act to Protect New Yorkers From Data Breaches

  Attorney General Eric T. Schneiderman announced a settlement with healthcare provider EmblemHealth and wholly owned subsidiary Group Health Incorporated (“EmblemHealth”) after the company admitted a mailing error that resulted in 81,122 social security numbers being disclosed on a mailing. In addition to paying a $575,000 penalty, EmblemHealth agreed to implement a Corrective Action Plan and conduct a comprehensive risk assessment.

Attorney General Schneiderman today reiterated his call to improve New York’s weak and outdated security laws with the “Stop Hacks and Improve Electronic Data Security Act” (or “SHIELD Act”). Introduced by the Attorney General in November 2017, the SHIELD Act would comprehensively protect New Yorkers’ personal information from the growing number of data breaches and close major gaps in New York’s data security laws, without putting an undue burden on businesses.

“The careless handling of social security numbers is never acceptable,” said Attorney General Schneiderman. “New Yorkers need to be able to trust that companies entrusted with their private information will guard it appropriately. This starts with good governance—which is why my office will continue to push for stronger security laws and hold businesses accountable for protecting their customers’ personal data.”

EmblemHealth is one of the largest health plans in the United States. On October 13, 2016, it discovered that it had mailed 81,122 policyholders, including 55,664 New York residents, a paper copy of their Medicare Prescription Drug Plan Evidence of Coverage (“EOC Mailing”) that included a mailing label with the policyholder’s social security number on it. Normally, all mailings include a unique mailing identifier that is printed on the envelope. However, in this case, the mailing inadvertently included the insured's Health Insurance Claim Number, which incorporated the insured's social security number.

Pursuant to the federal Health Insurance Portability Accountability Act, as amended by the Health Information Technology for Economic and Clinical Health Act (“HIPAA”), EmblemHealth is required to safeguard patients' protected health information, including social security numbers, and utilize appropriate administrative, physical and technical safeguards. In connection with its 2016 EOC Mailing, EmblemHealth failed to comply with many of the standards and procedural specifications as required by HIPAA. Printing an individual's social security number on “a postcard or other mailer not requiring an envelope, or visible on the envelope, or without the envelope having been opened” also violates New York General Business Law § 399-ddd(2)(e).

In addition to paying a $575,000 penalty, under the settlement EmblemHealth must implement a Corrective Action Plan that includes a thorough risk analysis of security risks associated with the mailing of policy documents to policyholders, and submit a report of those findings to the Attorney General’s office within 180 days of the settlement. EmblemHealth must also review and revise its policies and procedures based on the results of the assessment, and notify the Attorney General’s office of any action it takes. If no action is taken, EmblemHealth must provide a written detailed explanation of why no action is necessary. EmblemHealth must also catalogue, review, and monitor mailings and make reasonable efforts to ensure: (a) all relevant workforce members are adequately trained for each discrete job function that they are tasked with or assigned to perform related to mailings; (b) report any known violations of EmblemHealth policies and procedures relating to the HIPAA Minimum Necessary Standard, as set forth in 45 C.F .R. § 164.502(b) and § 164.514(b), to the appropriate EmblemHealth official and remediate any known violations as soon as practicable; and (c) for a period of three (3) years, report security incidents involving the loss or compromise of New York residents' information to the Attorney General’s office that might not otherwise trigger the reporting requirements of New York State law. 

Assemblymember Pichardo’s bill protecting affordable housing and tenants is one step closer to becoming law

  Assemblymember Victor M. Pichardo (D-Bronx) announced that a bill he authored that repeals a landlord’s ability to obtain a large increase in rent after a rent-regulated apartment becomes vacant has passed the Assembly Committee on Housing, bringing it closer to being voted into law (A.9815).

 “Families here in the Bronx know how difficult it is to find safe, affordable housing,” said Pichardo. “As homelessness continues to rise, forcing more New Yorkers to shuffle from shelter to shelter, we need to be doing more to create and maintain affordable housing and protect tenants. This legislation is vital to making that a reality.”

   Under current law, landlords are eligible for a statutory vacancy bonus once a year, allowing them to raise the rent as much as 20 percent when a rent-regulated unit goes vacant. Not only can this lead to an apartment’s rent increasing quickly and becoming deregulated, it also encourages some unscrupulous landlords to ignore dangerous living conditions as well as harass tenants to push them out, noted Pichardo. Landlords are eligible for the vacancy bonus even if the tenant leaves because of uninhabitable conditions. By repealing the vacancy bonus, Pichardo’s legislation protects existing affordable housing and helps deter landlords from pushing tenants out.

EDITOR'S NOTE:

While we applaud Assemblyman Pichardo on getting this passed in the Assembly, this must also pass the State Senate, and then be signed by the Governor.

Assemblyman Pichardo also forgets that rents can be raised in rent regulated buildings if new equipment is placed into an apartment upon becoming vacant, or is an improvement to an apartment or to the building.

MAYOR DE BLASIO APPOINTS ARIEL PALITZ AS THE CITY’S FIRST EVER SENIOR EXECUTIVE DIRECTOR OF THE OFFICE OF NIGHTLIFE

Palitz Brings Both Industry Expertise and Community Experience to the Role

  Today, Mayor de Blasio announced that Ariel Palitz, a lifelong New Yorker and nightlife professional, will be New York City’s first ever Senior Executive Director of the Office of Nightlife. Palitz comes to the role with deep experience in both nightlife and community building. She owned and operated Sutra, a successful nightclub on the Lower East Side, for ten years; served on Community Board 3 for over six years and has spent the past three years helping entrepreneurs fulfill their dreams of opening nightlife establishments in NYC.

“Nightlife is part of the spark of our city. It’s one of the few spaces where all our diversity comes together in a single room. Ariel has lived and breathed this work her whole life. She understands the needs of live musicians, artists, business owners and residents, and she’ll help bring everybody together to foster the kind of vibrant and safe nightlife New Yorkers deserve,” said Mayor de Blasio.

“I am honored to be chosen to lead New York City’s first Office of Nightlife,” said Ariel Palitz. “As a native New Yorker, former nightclub owner and community board member, I understand what is at stake and the challenges ahead. This Office presents an opportunity to support the small business owners, workers, artists, and all New Yorkers who make up our diverse nightlife culture. It is also an opportunity to build bridges with neighbors and address quality of life concerns.  I intend to listen to all voices, identify problems, find common ground, and implement realistic solutions. The Office of Nightlife will be a place for operators, employees, creators, patrons, and residents alike. New Yorkers will no longer have to yearn for the good old days. With the Office of Nightlife, the best is yet to come.”

The Office of Nightlife was established as a result of legislation sponsored by Council Member Rafael Espinal. The legislation passed the full council in August 2017 and was signed into law by Mayor de Blasio in September. The office was initially proposed in Mayor de Blasio’s New York Works jobs plan will be housed at the Mayor’s Office of Media and Entertainment. It is designed to serve as a central point of contact between City agencies, the nightlife industry, and city residents. It will promote a safe and vibrant nightlife scene that benefits businesses and residents alike.

“We are thrilled to welcome Ariel Palitz aboard to lead the City’s Office of Nightlife and add Nightlife to our office’s expanded portfolio” said Media and Entertainment Commissioner Julie Menin.  “Ariel brings an understanding of the intricacies of the nightlife industry, and its relations with both the City and its diverse communities as both a small business owner and community board member.  Under her stewardship, the Nightlife Office at MOME will work diligently to harness the creative entrepreneurial spirit that defines our city, and ensure that nightlife establishments are able to comply with the rules and regulations that keep all New Yorkers safe and communities healthy. We will work closely with communities and businesses across the city to make sure their needs are being heard and addressed.”

"As a lifelong New Yorker, Ariel is no stranger to the city's ever evolving nightlife business and the challenges it may bring," said Speaker Corey Johnson. "With her vast experience in the community and business level, I have full confidence that, as Senior Executive Director, Ariel will work with all stakeholders to ensure that the city's nightlife venues continue to thrive. The Council is proud to have established  the Office of  Nightlife and I look forward to working with Ariel Palitz in her new role."

“It is exciting to learn that NYC's first Nightlife Mayor is a female with a strong background in nightlife and community advocacy," said  Council Member Rafael Espinal, Chair of the Committee on Consumer Affairs and Business Licensing. "I believe the nightlife community will have a well-rounded voice in Ariel Palitz and the administration will have a unique perspective on nightlife issues. There is a lot of work to do and I look forward to working with Ariel as I continue advocating for the independent venues and DIY community that desperately needs the city's support to come out of the bureaucratic shadows.”

About Ariel Palitz

Ariel Palitz is a former  nightclub owner, promoter, and community board member. From 2004 to 2014, Palitz owned and operated Sutra, a nightclub in the East Village that hosted legendary DJs and musicians. From 2007 to 2014, Palitz served on Community Board 3 as a member of the State Liquor Authority and Department of Consumer Affairs Licensing Committee. She has been involved with the NY Hospitality Alliance and the Lower East Side Girls Club. Most recently, Palitz founded Venue Advisors L.L.C., a full service hospitality and small business consulting company. Palitz, 47, was born and raised in New York City and is a graduate of the University of Hartford. She currently resides in the East Village.

EDITOR'S NOTE:

We still want to know how this is going to effect areas outside of the Manhattan nightlife area (to quote Council Speaker Johnson, and Councilman Espinal who may enjoy the Manhattan nightlife) where residents have been complaining about the past night club problems before the new law. 

The city council has decriminalized public urination, and the Manhattan district Attorney has said he will no longer prosecute Subway turnstile jumpers. Marshal Rudy Giuliani ended that, but it appears like Prohibition the laws have been repealed. So where is the next cowboy (Reverend) to step up to take over as the Marshal of Dodge (New York) City?