Friday, March 16, 2018

BP DIAZ HOSTS ANNUAL IRISH HERITAGE & CULTURE CELEBRATION


  On Wednesday, March 14, 2018, Bronx Borough President Ruben Diaz Jr. hosted his annual Irish Heritage & Culture Celebration at the Rambling House in Woodlawn.

This year’s honorees included Anne Marie Anzalone, Chief of Staff for U.S. Congressman Joseph Crowley; Mike McGuire, Director of the Mason Tenders’ District Council and Monsignor Kevin Sullivan, Executive Director of Catholic Charities of the Archdiocese of New York.

“Irish immigrants and Irish-Americans helped build this borough and this city, and have been one of New York City's and The Bronx’s most significant ethnic groups since the late 19th century,” said Bronx Borough President Ruben Diaz Jr. “New York City’s Irish community has been a shining example of the American Dream and the positives that come with our city and our nation serving as a melting pot of different cultures. I want to thank all of our honorees and recognize these individuals for their outstanding achievements while we pay tribute to our Irish population and its storied heritage and culture.”

This year Bronx BP Ruben Diaz Jr. and host Derek Woods did something different by interviewing the honorees about their careers. 


Above - Honoree Michael McGuire the Director of the Mason Tenders District Council Political Action Committee is interviewed.
Below - Honoree Monsignor Kevin Sullivan the Executive Director of Catholic Charities of the Archdiocese of New York is interviewed. 




Above - Honoree Anne Marie Anzalone the Chief of Staff for Congressman Joseph Crowley is interviewed.
Below - A group photo of the three honorees with Mr. Thomas Messina also of Congressman Crowley's office, Bp Diaz Jr., and the deputy BP.


VISION ZERO: MAYOR DE BLASIO PUSHES FOR TOUGHER STATE LAWS TO KEEP DANGEROUS DRIVERS OFF THE STREETS


Changes would extend and expand speed enforcement cameras, escalate fines and revoke vehicle registrations for worst offenders, and require DMV notification of medical incidents that cause a driver to lose vehicle control

  Mayor Bill de Blasio announced a new package of State legislation to keep dangerous drivers from getting behind the wheel. Following last week’s crash that claimed the lives of two children in Park Slope, the City is seeking to extend and expand its speed enforcement camera program, escalate fines and suspend the vehicle registrations of repeat offenders, and require physicians to notify the DMV following medical events that could cause a driver to lose control of their vehicle.

“In the wrong hands, a car can be a deadly weapon. We are fighting on every front to make our streets safer, but we need Albany’s help to keep dangerous drivers off the road, before we lose another life,” said Mayor de Blasio.

“The NYPD continues to make New York City streets safer for pedestrians, bicyclists, and drivers, resulting in the fewest traffic fatalities ever last year,” said Police Commissioner James P. O’Neill. “This proposed legislation would provide us with additional tools to enhance safety, enforce the law, and keep dangerous drivers off the street.”

“After last week’s tragedy in Park Slope, we must act to prevent future tragedies—whether via legislation, street redesign or enforcement,” said DOT Commissioner Polly Trottenberg. “Through the Mayor’s leadership we are continuing our fight for a range of state legislation to tackle dangerous driving, including more school zone speed cameras. Despite complaints about speeding along 9th Street in Park Slope, current law does not allow us to put a speed camera there. With more enforcement tools at our disposal, the Administration’s Vision Zero agencies can continue doing more important work—like the Dusk and Darkness campaign that just ended – that are helping reduce fatalities.”

The Mayor also announced the results of the second year of the Vision Zero Dusk and Darkness campaign, a partnership between DOT, NYPD and TLC to reduce pedestrian crashes during the fall and winter evening hours that are most dangerous to pedestrians. In the most recent four-month period of this initiative that ended last week, pedestrian traffic fatalities dropped by 24 percent compared to the prior year.

Proposed Changes to State Law
Extend & Expand School Zone Speed Camera Program: The Mayor will push for the State Legislature to pass S6046/A7798 to expand the City’s speed camera program. Speed cameras have been proven to reduce speeding in school zones by 63%. This bill would authorize the City to install speed cameras at an additional 150 school zones and would also revise the definition of a school zone to allow DOT to address speeding on streets that are near a school, as opposed to only the street or streets on which a school is located.  Under current law, 75 percent of children who are killed or severely injured in a traffic crash are struck at times or places at which a speed camera cannot be activated.

Fee Escalation and Registration Suspension for Photo Violations: The Mayor will ask the Legislature to introduce legislation escalating the fees on red light and speed camera violations. Currently, there is a flat $50 fine for any photo violation, and fines do not increase with recurring violations. Insurers are prohibited from using camera violation data when setting rates. This proposal would escalate fines for multiple violations within a 2-year period as follows:

Number of Red Light and Speed Camera Violations         Fines Approximate Vehicles in This Class FY 16-17
1st $50.00 949272
2nd $50.00 298952
3rd $150.00 121393
4th $250.00 55469
5th $300 + insurance informed 27838
6th or more $350 + registration suspended 34134
Require Physicians to Notify the DMV Following Specific Medical Events: The Mayor also proposes requiring physicians to report certain medical conditions or incidents that may cause a driver to suddenly lose consciousness. This law would be narrowly tailored to those drivers at highest risk of losing consciousness or vehicle control, and will be modeled on a longstanding law in place in New Jersey and other states.

Dusk and Darkness
The Mayor also announced the results of the Dusk and Darkness campaign, which is ending this month and has shown promising results in reducing pedestrian crashes in evening hours. Now in its second year, DOT, NYPD and the TLC have since late October partnered on an enforcement and awareness campaign during the fall and winter evening hours that are most dangerous to pedestrians. Before the first campaign launched in October of 2016, severe crashes involving pedestrians increased by nearly 40 percent in the early evening hours compared to crashes outside the fall and winter.  Pedestrian fatalities during the current Dusk and Darkness initiative have once again decreased from the previous year: from November 1 to March 7, pedestrian fatalities declined to 38 from 50 over the same period in 2016/17, which in turn was a decrease from 62 over the same pre-initiative period in 2015/16.

Last year was the fourth consecutive year of declining traffic deaths under Vision Zero, with the fewest-ever overall traffic fatalities citywide, driven by a 32 percent drop in pedestrian fatalities. 

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

NEWS FROM CONGRESSMAN ELIOT ENGEL


Engel Cosponsors Bill to Increase Affordability & Undo the Administration’s Sabotage of the ACA

  Congressman Eliot Engel, a top member on the House Energy and Commerce Committee that oversees health policy, has cosponsored a comprehensive bill that would improve the Affordable Care Act (ACA) marketplaces by making health care more affordable and reversing the harmful Trump Administration actions that have sabotaged the ACA. 

The legislation would lower health care premiums for consumers by eliminating the cap on eligibility for premium tax credits, and would increase the size of the tax credit for all income brackets. The bill would also provide additional support for out-of-pocket costs, and would make cost-sharing subsidies more generous for those below 250 percent of the Federal Poverty Line.  In October, President Trump decided to default on cost-sharing subsidies that help more than seven million hardworking Americans afford their out-of-pocket health care costs.

“For the last year, Republicans have worked incessantly to destroy or, at the very least, undermine the Affordable Care Act,” Engel said. “I’m proud to support comprehensive legislation that strengthens our nation's health care system by reducing costs, improving access to care and undoing some of the most harmful Trump Administration policies that sabotage the ACA.”

The legislation, entitled the Undo Sabotage and Expand Affordability of Health Insurance Act of 2018, also reverses harmful actions by the Trump Administration that undermine consumer protections in the health care system.  Specifically, the bill would:

  • Prevent the expansion of Association Health Plans from going into effect. These bare-bones plans are not required to include protections for people with pre-existing conditions or the Essential Health Benefits (EHBs) package.
  • Prevent the Trump Administration from moving forward on a proposed rule that would allow insurance companies to discriminate against people with pre-existing conditions by offering junk plans that provide limited benefits and little financial protection from health care costs.  The legislation would require these short-term limited duration health plans to play by the same rules as ACA-compliant plans.
  • Prevent the Trump Administration from weakening protections for EHBs, which would leave consumers with less comprehensive plans that may not cover needed services, such as prescription drugs, maternity care, and substance use disorder treatment.

The legislation would also restore marketing and outreach funds that were cut by 90 percent during the 2018 ACA open enrollment period.  Specifically, the bill requires the Department of Health and Human Services to conduct marketing and outreach, and provides $100 million per year from 2019 through 2021.  It also provides $100 million in Consumer Assistance Program grants for states, which delivers funding for states to conduct educational activities regarding health insurance, and creates a state innovation fund to empower states to implement new approaches to increasing enrollment.  Lastly, this legislation creates a national reinsurance program to help stabilize the market and alleviate potential premium increases resulting from sabotage of the ACA.

Engel Joins Student from NY-16 to Protest Gun Violence During National Walkout Day

   Congressman Eliot Engel, a member of the House Gun Violence Prevention Task Force, was proud to join constituent Caroline Kirby at the U.S. Capitol on Wednesday to participate in National Walkout Day, a day when students across the country walked out of school to protest gun violence. Kirby, who attends Bronxville High School in New York’s 16th Congressional District, was one of thousands of students across the country who participated in today’s event, which is intended to spur action at the federal level regarding commonsense gun reforms.

“I am so proud of Caroline and all the students from the Bronx and Westchester who today took part in National Walkout Day,”Engel said. “Their spirit and activism is inspiring and makes me very optimistic about the future of our country. We have a long way to go when it comes to sensible gun reforms, and with a Republican Majority in Congress it’s never easy to pass even the most basic measures, like universal background checks or raising the age to buy a firearm from 18 to 21. But as these young students are proving every day, the day of reckoning for groups like the NRA may finally be at hand.

“As a member of the Gun Violence Prevention Task Force, I will do all I can to continue to earn the lifetime F rating the NRA has given me for my voting record, by promoting commonsense gun reform in the House.”

Video of Congressman Engel and Ms. Kirby outside the U.S. Capitol can be found here.

Engel Statement On The Passing of Louise Slaughter

  "I am deeply saddened by the sudden passing of my dear friend, Louise Slaughter. Louise was a wonderful individual, an effective lawmaker, and true leader for us here in New York. A lifetime public servant, she gave herself fully to her constituents and worked relentlessly on their behalf. As a Member of Congress, Louise did remarkable work on a whole host of issues, and was the first woman to ever chair the Rules Committee. As a chair of the House Pro-Choice Caucus, she tirelessly led fights to protect women’s health and rights.

“But above all, Louise was just a fantastic person, warm and inviting to everyone she met. My condolences go out to her family—daughters Megan, Amy, Emily, her grandchildren and great grandchildren. Louise was beloved, and I'm going to miss hearing that great accent every day."

STATEMENT FROM MAYOR DE BLASIO ON THE PASSING OF TWO FDNY MEMBERS ON ACTIVE MILITARY DUTY


 “Today, we mourn the deaths of FDNY Lieutenant Christopher J. Raguso and FDNY Fire Marshal Christopher T. “Tripp” Zanetis, who were killed in an American military helicopter crash in Iraq on Thursday, March 15. They are truly two of New York City’s bravest – running into danger to protect and defend others, both in New York City and in combat overseas. On behalf of all New Yorkers, I extend my deepest condolences to their families, loved ones, and fellow service members and FDNY members.”

Tuesday, March 13, 2018

Joseph Percoco, Former Executive Aide And Campaign Manager To N.Y. Governor, Convicted Of Accepting More Than $300,000 In Bribes


Syracuse-Based Real Estate Development Executive, Steven Aiello, Also Convicted

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JOSEPH PERCOCO, the former Executive Deputy Secretary to the Governor of the State of New York, was convicted of soliciting and accepting more than $315,000 in bribes in return for taking official state action to benefit energy company Competitive Power Ventures (“CPV”) and Syracuse-based real estate developer COR Development (“COR”) after an eight-week trial.  STEVEN AIELLO, a COR executive, was also convicted of bribery conspiracy.      

U.S. Attorney Geoff Berman said:  “Joseph Percoco was found guilty of taking over $300,000 in cash bribes by selling something priceless that was not his to sell – the sacred obligation to honestly and faithfully serve the citizens of New York.  As every schoolchild knows, but he corruptly chose to disregard, government officials who sell their influence to select insiders violate the basic tenets of a democracy.  We will continue relentlessly to bring to justice those public officials who violate their oaths by engaging in this especially offensive misconduct.”         
According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:                                                                           
PERCOCO, who served as the Executive Deputy Secretary to the Governor between January 2012 and mid-2014, and again in 2015, abused his official position and extensive influence within the Executive Branch of New York State (the “State”) by seeking and accepting bribe payments from executives at companies that were seeking benefits and business from the State, in exchange for PERCOCO’s use of his official authority and influence to benefit those companies. 
PERCOCO solicited the bribe payments from executives at two clients of cooperating witness Todd Howe – CPV and COR – both of which had retained Howe as a consultant to help them obtain official State action.  In email correspondence between PERCOCO and Howe, PERCOCO and Howe referred to the bribe payments as “ziti,” a reference to a term for money used by the characters in the television show “The Sopranos.”
Bribes from CPV
PERCOCO, Howe, and others conspired for PERCOCO to receive more than $287,000 in bribe payments in exchange for PERCOCO’s official assistance for CPV on an as-needed basis. 
State action was critical to CPV’s business.  Starting as early as 2010, CPV provided personal benefits to PERCOCO, including expensive meals and a Hamptons fishing trip, in an effort to cultivate access to PERCOCO.  In response to CPV’s requests for official State assistance, PERCOCO, who was experiencing financial difficulties at the time, requested that CPV hire his then-unemployed wife. In or around the end of 2012, CPV executive Peter Galbraith Kelly Jr. created a position for PERCOCO’s wife that paid approximately $90,000 per year while requiring PERCOCO’s wife to do little work.  In exchange for these payments, PERCOCO agreed to use his official position and influence, and did in fact use his official position and influence, to help CPV with specific State matters as the opportunities arose. 
Among other things, PERCOCO agreed to use his official position and influence to assist the CPV’s efforts to obtain (i) a valuable agreement from the State allowing CPV to buy lower-cost emissions credits in New York for a power plant proposed to be built in New Jersey and (ii) a lucrative long-term power purchase agreement with the State guaranteeing a buyer for the power to be produced at a power plant proposed to be built in New York, which was expected to save CPV approximately $100 million in development costs.
CPV’s payments to PERCOCO’s wife were concealed in various ways to hide their true source.  For example, monthly payments to PERCOCO and his wife were made through a consultant who worked for CPV in order to disguise the source of the payments.  For his part, PERCOCO concealed the criminal scheme by failing to include CPV as the source of payments on his State-mandated financial disclosure forms. 
Bribes from AIELLO and the Syracuse Developer
Beginning in early 2014, PERCOCO was also paid bribes totaling approximately $35,000 from COR.  These bribe payments were orchestrated by AIELLO, the COR president.  AIELLO arranged for the payment of these bribes in exchange for PERCOCO’s official assistance for COR on an as-needed basis. 
Specifically, PERCOCO agreed to, and did, take official action for the benefit of COR to (a) reverse an adverse decision by the Empire State Development Corporation, which is the State’s main economic development agency, that would have required COR to enter into a costly labor peace agreement, (b) free up a backlog of more than $14 million in State funds that had already been awarded to COR but were delayed in payment, and (c) secure a substantial pay raise for AIELLO’s son, who worked in the Executive Chamber.
To disguise the nature and source of the bribe payments, COR’s bribes to PERCOCO were funneled through bank accounts and a shell company set up by Howe.
The jury was deadlocked on the charges against Kelly.  Joseph Gerardi, a COR executive, was acquitted of all charges.
PERCOCO is scheduled to be sentenced on June 11, 2018, and AIELLO is scheduled to be sentenced on June 14, 2018.  Both defendants will be sentenced by U.S. District Judge Valerie E. Caproni, who presided over the trial. 
A chart containing the names, ages, residences, counts of conviction, and maximum penalties for the defendants is attached.  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. 
U.S. Attorney Berman praised the work of the Buffalo Field Office of the Federal Bureau of Investigation and New York Office of the Internal Revenue Service-Criminal Investigation, which jointly conducted this investigation with investigators from the U.S. Attorney’s Office.  Mr. Berman also thanked the New York State Attorney General’s Office.
DEFENDANT AGE RESIDENCE CONVICTED CHARGE(S) MAXIMUM SENTENCE(S)
JOSEPH PERCOCO 47 South Salem, NY Conspiracy to Commit Honest Services Fraud, (Count Three and Four)   Solicitation of Bribes and Gratuities, (Counts Five)        20 years each         count          
 

 
   10 years
PETER GALBRAITH KELLY, JR. 53 Canterbury, CT    
STEVEN AIELLO 58 Fayetteville, NY Conspiracy to Commit Honest Services Fraud    20 years
JOSEPH GERARDI 57 Fayetteville, NY      

Statement Of U.S. Attorney Geoffrey S. Berman On The Conviction Of Joseph Percoco, Former Executive Aide And Campaign Manager To N.Y. Governor, And A Co-Defendant


  “Joseph Percoco was found guilty of taking over $300,000 in cash bribes by selling something priceless that was not his to sell – the sacred obligation to honestly and faithfully serve the citizens of New York.  As every schoolchild knows, but he corruptly chose to disregard, government officials who sell their influence to select insiders violate the basic tenets of a democracy.  We will continue relentlessly to bring to justice those public officials who violate their oaths by engaging in this especially offensive misconduct.”

U.S. Attorney Announces Suit Against The MTA And New York City Transit Authority For Failure To Make A Bronx Subway Station Accessible After A Full Renovation


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that the United States has filed a Complaint-in-Intervention (the “Complaint”) in a lawsuit, Bronx Independent Living Services v. Metropolitan Transit Authority, filed against the Metropolitan Transit Authority (“MTA”) and the New York City Transit Authority (“NYCTA”) to remedy violations of Title II of the Americans with Disabilities Act of 1990 (the “ADA”).  The United States’ Complaint alleges that the MTA and NYCTA violated the ADA when they altered the Middletown Road subway station on the number 6 line in the Bronx without insuring that the station was rendered readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, to the maximum extent feasible.  Due to the failure to comply with the ADA, the Federal Transit Administration (“FTA”) concluded that it would not provide any funding for the cost of the renovation of the Middletown Road station.  The Complaint seeks declaratory and injunctive relief requiring MTA and NYCTA to install elevators at the Middletown Road station.

U.S. Attorney Geoffrey S. Berman said:  “There is no justification for public entities to ignore the requirements of the ADA 28 years after its passage.  The subway system is a vital part of New York City’s transportation system, and when a subway station undergoes a complete renovation, MTA and NYCTA must comply with its obligations to make such stations accessible to the maximum extent feasible.” 
The United States’ Complaint alleges that MTA and NYCTA violated the ADA by failing to install an elevator at the Middletown Road subway station serving the Pelham Bay neighborhood in the Bronx, despite spending more than $27 million on renovations of the station.  The renovations included replacing floors, walls, ceilings, and stairs leading to the street and platform.  Prior to beginning construction, the FTA and the U.S. Department of Transportation corresponded with MTA and NYCTA about their obligation to install an elevator at the station unless the MTA and NYCTA could demonstrate that it was technically infeasible to do so.  While that dialogue continued, and after the FTA had informed NYCTA that NYCTA’s analysis of the feasibility of installing an elevator was insufficient, MTA and NYCTA completed the renovation without installing an elevator and sought reimbursement from FTA for the cost of the renovation.  FTA ultimately concluded that it would have been technically feasible for MTA and NYCTA to install one or more elevators at the station.  As a result of MTA’s and NYCTA’s failure to install an elevator at the Middletown Road station, individuals with mobility impairments, including individuals who use wheelchairs, are unable to access the station. 
Mr. Berman thanked the FTA for its assistance with this matter.

DOI INVESTIGATION LEADS TO ARREST OF CITY CORRECTION DEPARTMENT EMPLOYEE FOR PROVIDING FALSE INFORMATION ABOUT GANG AFFILIATIONS ON EMPLOYMENT APPLICATION


  Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), announced today the arrest of a New York City Department of Correction (“DOC”) Legal Coordinator assigned to Trials and Litigations on charges of providing false and misleading information on her pre-employment application to become a Correction Officer (“CO”). DOI’s investigation revealed that BREANNE RILEY allegedly submitted several notarized statements pursuant to her application in which she denied any gang affiliations or police contact, although the investigation showed she has relationships with multiple gang members and has identified herself previously as a member of a gang. The case is being prosecuted by the Office of Queens District Attorney Richard A. Brown.

  DOI Commissioner Mark G. Peters said, “As alleged, this defendant concealed her history of gang affiliations and police contact in order to get a job at the very jails where many of these gang members were incarcerated. This arrest highlights, once again, the importance of a robust screening process for DOC employees, an issue we have issued Reports on in the past and continue to review.” 

  Queens District Attorney Richard A. Brown said, "The defendant in this case is accused of lying about her affiliation with gang members - and in fact is alleged to have stated she was a member of a street gang in the past. It is vitally important that the people working for the New York City Department of Correction are law abiding citizens and trust-worthy."

  DOI looked at the issue of DOC’s screening of new hires in 2015 and found serious discrepancies and issued a series of recommendations for improvements. Most of those recommendations were never implemented. Read the Report at the following link: https://www1.nyc.gov/assets/doi/reports/pdf/2015/2015-01-25-Pr01rikers_aiu.pdf 

  RILEY, 24, of Brooklyn, N.Y., is charged with two counts of Offering a False Instrument for Filing in the First Degree, a class E felony. Upon conviction, a class E felony is punishable by up to 4 years in prison.

  RILEY has been employed by DOC as a Legal Coordinator since August 2015 and receives an annual base salary of approximately $46,804. DOC suspended RILEY upon arrest. 

  According to the criminal complaint and DOI’s investigation, RILEY submitted two applicant investigation forms in which she stated that she did not have any gang affiliations and listed ten inmates with whom she had prior contact. RILEY also stated on documents that she had no prior police contact. DOI determined through its investigation, background checks, and recorded inmate phone calls, that RILEY maintained close contact with at least seven additional inmates incarcerated on Rikers Island through multiple phone conversations that she did not disclose in her application forms. Furthermore, in several recorded calls with an inmate, RILEY admitted to being a member of the Folk Nation gang, saying in one conversation, “Why you calling me crip? I’m Folk as of yesterday.”

  Additionally, DOI’s investigation found that RILEY had police contact in August 2017, when she was stopped and interviewed by the NY/NJ U.S. Marshal Task Force for driving a person known by the NYPD to be a member of the Folk Nation, and who was wanted for questioning in regards to a homicide. RILEY was questioned for two hours and released. RILEY signed, had notarized, and submitted several DOC Pre-Employment Forms declaring that the information she disclosed on forms and questionnaires was true and correct to the best of her knowledge.

  A criminal complaint is an accusation. A defendant is presumed innocent until proven guilty.