MAYOR DE BLASIO ANNOUNCES CHARTER REVISION COMMISSION APPOINTEES

  Mayor Bill de Blasio today announced the appointment of the 13 remaining members to the City’s Charter Revision Commission – first announced as part of the Mayor’s DemocracyNYC agenda at his 2018 State of the City address in February. Last month, Mayor de Blasio appointed Cesar Perales as Chair with Rachel Godsil serving as his Vice-Chair. The newly formed commission will review the entire City Charter. The review will include an examination of New York City’s campaign finance system, enhancing voter participation, and improving the electoral process, among other issues identified by the public in a series of hearings.

“In New York City, we’re committed to doing all we can to drive democracy and that starts with reviewing our charter,” said Mayor Bill de Blasio. “I’m proud to announce the full Commission and thank them for their hard work for the people of this city.”

Announced today, the new members of the Charter Revision Commission are listed below:

Carlo A. Scissura, a lifelong New Yorker and President and CEO of the New York Building Congress, will be the Secretary of the Commission. Before his time at the Building Congress, Scissura spent years as a dedicated public servant in Brooklyn – working as the President and CEO of the Brooklyn Chamber of Commerce and as Chief of Staff and General Counsel to Brooklyn Borough President Marty Markowitz.

Larian Angelo is a Senior Fellow at the CUNY Institute for State and Local Governance (ISLG). Prior to joining the ISLG, she served in city government for 27 years as first deputy director at the NYC Office of Management and Budget (OMB), Vice-President for Administration at Guttman Community College, deputy director for education and intergovernmental relations at OMB and Finance Director at the New York City Council. Angelo holds a Ph.D in economics.

Deborah N. Archer is an Associate Professor of Clinical Law at NYU Law. She was previously an Assistant Counsel at the NAACP Legal Defense and Educational Fund where she litigated at the trial and appellate levels in cases involving affirmative action in higher education, employment discrimination, school desegregation, and voting rights. Archer additionally served as a Marvin H. Karpatkin Fellow with the American Civil Liberties Union where she was involved in federal and state litigation on issues of race and poverty. Archer previously served as a mayoral appointee to the New York City Civilian Complaint Review Board.

Kyle Bragg is 32BJ SEIU’s Secretary-Treasurer. A member of the 165,000 member 32BJ for more than 30 years, Kyle serves as trustee of several 32BJ funds and as chair of the union’s social and economic justice committee. He is a member of the executive board of the two million-member national Service Employee International Union, the National African-American Caucus of SEIU and serves on the international union’s first Racial Justice Task Force.  Bragg also serves as a board member of Community Board 13 in Queens.

Marco A. Carrión is the Commissioner of the Mayor’s Community Affairs Unit, working to connect City Hall to communities across the city, especially in the outer boroughs. Before his role as Commissioner, Marco was the Political and Legislative Director for the New York City Central Labor Council, Chief of Staff to New York State Senator Gustavo Rivera, Director of New York City Intergovernmental Affairs to Governor David Paterson, and worked for the AFL CIO in Washington D.C.

Una Clarke serves as President of Una Clarke Associates, a consulting firm specializing primarily in education management, political consulting, and small business services. Previously, Clarke served as a New York City Councilwoman, representing Brooklyn’s 40th Council District for 10 years starting in 1991. Clarke sponsored more than 300 pieces of legislation on issues including child welfare, education, health and mental health, economic development, public safety and transportation. Clarke is currently a CUNY trustee, appointed by Mayor de Blasio.

Angela Fernandez is the Executive Director and Supervising Attorney of Northern Manhattan Coalition for Immigrant Rights, a leading community-based legal services and advocacy organization for low-income immigrants. She brings to the Board 20 years of experience in law, media, non-profit management, government, policy development, and advocacy. Her prior government experience includes working as District Chief of Staff to U.S. Representative José  Serrano and as a staff aide to U.S. Senator Bill Bradley.

Sharon Greenberger is the 10th President and CEO of the YMCA of Greater New York, a leading New York City non-profit organization serving over 500,000 children, adults and seniors annually through programs and services focused on empowering youth, improving health, and strengthening community. Prior to joining the YMCA in July 2015, Sharon served as the Senior Vice President, Facilities and Real Estate at New York-Presbyterian Hospital and the Chief Operating Officer for the New York City Department of Education.

Dale Ho is the Director of the ACLU's Voting Rights Project where he supervises the ACLU’s voting rights litigation and advocacy work nationwide. Dale has active cases in over a dozen states throughout the country. He has litigated cases under the federal Voting Rights Act and the National Voter Registration Act. Dale is also an adjunct professor of law at NYU School of Law.

Mendy Mirocznik is the president of C.O.J.O of Staten Island, a borough wide civic organization dedicated to providing services to those less fortunate, including housing and a food pantry which provides hundreds of hot meals to our fixed income seniors. Mirocznik is also a member of Community Board 2.

Annetta Seecharran has a 25-year track record working to improve conditions for marginalized communities, with a focus on championing initiatives that benefit immigrants and young people and always drawing attention to emerging trends impacting vulnerable populations. She is currently the Executive Director of Chhaya Community Development Corporation, previously led South Asian Youth Action and has served as Director of Policy for United Neighborhood Houses.

John Siegal is a partner at BakerHostetler where he handles litigations, arbitrations, and appeals for clients in the financial services, media, and real estate industries. John’s public service experience includes working as an Assistant to Mayor David N. Dinkins and as a Capitol Hill staff aide to Senator (then Congressman) Charles E. Schumer. 

Wendy Weiser directs the Democracy Program at the Brennan Center for Justice at NYU Law. Her program focuses on voting rights and elections, money in politics and ethics, redistricting and representation, government dysfunction, rule of law, and fair courts. She founded and directed the program’s Voting Rights and Elections Project, directing litigation, research, and advocacy efforts to enhance political participation and prevent voter disenfranchisement across the country.

The Commission will begin its work immediately. It will hold its first organizational meeting next week, which the public is invited to attend, and its first public, borough meeting the following week.

You can learn more about the Commission and find more information about public meetings here.

“It is an honor to be named Secretary of the City’s Charter Commission, and I thank Mayor de Blasio for the opportunity to serve our residents by further establishing New York as the model for an inclusive, engaged democracy,” said Commission Secretary Carlo A. Scissura. “As a vital pillar of New York City, the construction industry continually strives to offer common-sense solutions to the challenges facing the five boroughs and aims to grow our economy and make our neighborhoods better places to live.  I look forward to bringing our industry’s dedication and expertise to the table in the commission’s efforts to encourage civic engagement.”

“As a lifelong New Yorker and public servant, I understand the central role the City Charter plays in providing an electoral and governance road map for city leaders,” said Commission Member Larian Angelo. “I am grateful to Mayor de Blasio for this opportunity to take a fresh look at the foundational processes that keep New York City strong”

“I am proud to have this opportunity to work Chair Perales and the other members of the Commission to help make our democracy more inclusive and more equitable.  Now, more than ever, it is critical that all New Yorkers have a voice in how their City is run,” said Commission Member Deborah M. Archer.

“It’s an honor to be appointed to the City’s Charter Review Commission,” said Commission Member Kyle Bragg. “Now more than ever, it’s incumbent upon all of us to ensure that our democracy is as inclusive as can be.  I look forward to serving with this esteemed group to ensure that New York City is doing everything it can to increase voter participation and put democracy in the hands of the working people of our city, not the moneyed few.”

“I thank Mayor de Blasio for the opportunity to serve in the new City’s Charter Revision Commission and outline meaningful and long-lasting reforms to assure that our communities increase their participation in our democracy,”said Commission member Marco A. Carrión. “New York City is on its way to become the fairest big city in America by constantly pursuing justice and equity, and the creation of a City’s Charter Revision Commission is a step in the right direction to achieve that goal sooner.”

“It is my honor and privilege to serve on the City’s Charter Review Commission,” said Commission Member Una Clarke. “I look forward to working with the rest of the members as we ensure that New Yorkers have a fair and democratic charter that empowers them.”

"I look forward to serving on the Charter Revision Commission and working to bring about reforms that will enhance New Yorkers’ civic participation and electoral representation,” said Commissioner Member Angela Fernandez.

Commission Member Sharon Greenberger said, “I am thrilled to join this effort to expand access to our democracy, enhance voter participation, and make New York City a healthier and stronger community.”

"I am honored to join a distinguished group of Commissioners and look forward to reviewing proposals for improving the electoral process, to help build and sustain the vibrant and inclusive democracy that New Yorkers deserve," said Commission Member Dale Ho.

“I am honored to serve and I look forward to this opportunity to work diligently for the people of New York City,”said Commission Member Mendy Mirocznik.

Commission Member John Siegal said, “I appreciate the opportunity to join this Commission in the ongoing reform effort to make this a safer, more just and equitable, and more democratic and responsive City.”

Commission Member Annetta Seecharran said, “Protecting and preserving our democracy feels more urgent than ever. I look forward to working with my fellow commissioners to ensure that New York City is truly fair, inclusive and representative of its people.”

“Energizing our democracy starts at the local level,” said Commission Member Wendy Weiser. “At a time when our country’s democratic institutions face serious challenges, this is an opportune moment to reimagine how our city can be a model for participatory politics nationwide. I’m proud to be part of that effort.”

EDITOR'S NOTE:

We find this Charter Commission to be no different from the Panel for Education Policy. All mayoral appointees who will be puppets of Mayor Bill de Blasio or the Mayor will say "YOUR FIRED".

We await the appointees of the City Council Charter Revision Commission, so we can comment on them.

AS BASEBALL CELEBRATES JACKIE ROBINSON THIS WEEKEND, MAYOR DE BLASIO ANNOUNCES NEW SIGNS HONORING DODGER LEGEND

Signage installed this month along the Jackie Robinson Parkway for the first time includes his image; Vision Zero marketing this season at Citi Field will include reminders from Mets players that “saving a life is easy”

  Mayor Bill de Blasio announced today that New York City had installed signs along the Jackie Robinson Parkway that for the first time include an image of the Dodger legend himself.  At the foot of the Parkway in Cypress Hills, where a major Vision Zero safety project is reducing crashes, City officials unveiled the new signage as Major League Baseball prepares to celebrate Jackie Robinson this Sunday, the anniversary of his first game in 1947.  Officials also unveiled a new Vision Zero marketing campaign that Mets fans will see at Citi Field this season.

“With baseball season now in full swing, no one should ever forget the history that Jackie Robinson made at Ebbets Field more than 70 years ago,” said Mayor de Blasio.  “It is so appropriate that the parkway that bears his name – a road that Mets fans in Brooklyn now take directly to Citi Field – should finally honor the man with his likeness.  We thank the Jackie Robinson Foundation, his family and all of the state and City agencies that made this possible.  We are also grateful to the Mets for being such great partners in getting our critical Vision Zero education message out to their fans this season.”

City officials announced the following:

New Jackie Robinson Parkway Signage:  The new Jackie Robinson Parkway signs were unveiled today, and approximately 25 new signs have been installed this month by NYC DOT, both along the Parkway and at entrance ramps.  The signs represent a true American icon: Robinson (1919-1972) was the first African-American to play major-league baseball -- for the Brooklyn Dodgers, from 1947 until 1956.  He was also the first to be inducted into the Baseball Hall of Fame.  Following his baseball career, he became a successful businessman and advocate for social justice. Among his many honors, Robinson received the Presidential Medal of Freedom and Congressional Gold Medal.  On April 15^th each year, all Major League Baseball teams celebrate “Jackie Robinson Day” on the anniversary of his very first game at Ebbets Field.

New Vision Zero Safety Changes at Jackie Robinson Parkway Entrance:  Today’s event was held at the terminus of the Jackie Robinson Parkway in Cypress Hills, Brooklyn.  In April 2017, NYC DOT had unveiled major safety changes at the busy five-legged intersection.  The intersection redesign added several crosswalks, pedestrian signals and brighter lighting, including on the north end of the intersection, where previously hundreds of pedestrians per day had crossed the parkway entrance itself -- despite no marked crosswalks there.  Pedestrians who use the intersection are often making their way to and from many nearby local transit hubs, including five NYCT bus lines, the Long Island Rail Road East New York station as well as the Broadway Junction subway station, with access to the A, C, L, J and Z trains. Between 2010 and 2014, the intersection had been the site of 373 injuries, including 7 severe injuries.  Early data suggest the changes have reduced crashes at the intersection.

Alexandria Ocasio-Cortez Submits Over 5,000 Signatures to Board of Elections, Demonstrating Ballot Strength Against Rep. Joe Crowley

Breaking with New York City political convention, 100% of Ocasio-Cortez’s petition signatures were collected by volunteer canvassers.

Alexandria Ocasio-Cortez submitted more than 5,400 signatures to the Board of Elections today for New York 14’s Democratic Congressional primary, demonstrating grassroots strength in her race for NY-14, covering parts of The Bronx and Queens. Ocasio-Cortez’s campaign organized an all-volunteer grassroots field campaign, which mobilized more than 140 volunteer witnesses to collect the campaign’s signatures. In a remarkable feat for New York City politics, not a single paid petitioner was used in the effort.

The effort alone is historic, as Ocasio-Cortez’s candidacy is creating the first primary election for NY-14 in 14 years.

Alexandria-Ocasio Cortez is a third-generation Bronxite, educator, and organizer mounting a historic grassroots candidacy in the Bronx and Queens. Ocasio-Cortez grew up experiencing the reality of New York’s rising income inequality, inspiring her to organize and run on a progressive platform rejecting Corporate PAC funds. As a member of a large Puerto Rican extended family, she saw the differences in the education and opportunities available to family members living in the Bronx versus family living in Westchester County. After graduating Boston University with degrees in Economics and International Relations, she worked in the office of the late Senator Ted Kennedy, seeing firsthand the heartbreak and family separation caused by the unaccountable tactics of ICE. After this, she was passionate about returning to work with Latinx youth in the Bronx and across the United States to eventually work as an Educational Director with the National Hispanic Institute, a role in which she helped Americans, DREAMers and undocumented youth in community leadership and college readiness. After the financial crisis of 2008, tragedy struck when her father, Sergio Ocasio-Roman, passed away, forcing her family to sell their home. Alexandria pulled extra shifts to work as a waitress and bartender to support her family during this time, deepening her commitment to issues impacting working-class people. During the 2016 presidential election, she worked as a volunteer organizer for Bernie Sanders in the South Bronx, expanding her skills in electoral organizing and activism that has taken her across the country and to Standing Rock, South Dakota to stand with indigenous communities, then back to New York’s 14th Congressional District to launch her people-funded, grassroots campaign for Congress. Today, her filing creates the first primary in this district for 14 years.

Mayor de Blasio and Chancellor Richard Carranza Visit PS 25

  The above photo is what the Mayor and Schools Chancellor's visit to PS 25 located in District 7 was all about. Children learning, and the Pre k and PrePre K programs at the school. This class was a PrePre K class made up of three year old children who are getting a real head start on learning. You can see interaction with the Mayor and Chancellor by children who are learning. PS 25 has a school uniform code as you can see, which also can benefit the children on how to dress properly for their future. The principal of PS 25 Carmen Toledo is a well experienced principal and for the past eight years PS 25 has been rated a school in 'Good Standing". As a matter of fact I remembered Principal Toledo  from PS 3 in District 10 when I was a parent leader many years ago. Ms. Toledo also remembered me, but she was a little busy with the Mayor and Schools Chancellor.

  After interacting with most of the children in this class the Mayor and Schools Chancellor went to another class, this time a PreK class. Thee the children were learning about the different modes of transportation. there was a story board set up with three different areas, and the children were asked what mode of transportation does this thing do. There was an airplane, which one child said 'the airplane flies in the sky'. There was a bicycle, where one child said 'I ride my bike on the sidewalk'. There was a boat, where one child said "the boat rides on top of the water".  

  After the second class the Mayor and Schools Chancellor were joined by DEputy Mayor J. Philip Thompson for a mini press conference. Mayor de Blasio opened by saying that he was amazed at what we all saw. The passion of the children for learning and their energy. They wanted to answer every question he added. He then reminded everyone that the children were three and four year olds. He then spoke of his 'Vision of equity and excellence" for all students. 

  The Mayor then introduced Chancellor Carranza, who praised Principal Toledo for her leadership at the school. The Chancellor went on to say that currently only two boroughs have the PrePreK program that being Brooklyn and the Bronx, but that he intends to bring the program to every borough. The Chancellor then went on to praise the mayor and his administration, and said that this will have its rewards further down the educational line. Chancellor Carranza then became a little political as the mayor grinned when he said "Can you imagine if adults worked cooperatively like our children do?"

  Deputy Mayor Thompson also spoke, saying that he like the chancellor is relatively new to the administration, while he also praised the work of PS 25 Principal Carmen Toledo. He said that his mission (and the administrations clear vision) is to have 3-K available to every child in New York City from Central Brooklyn to the South Bronx.

  Mayor de Blasio then concluded by saying that he could feel the warmth of PS 25 when he came through the doors, that learning could be seen in all the classrooms that he and the chancellor visited, and that PS 25 is a positive place full of possibilities. It takes a lot to build that kind of community, but it has been built here at this school. He then left for his next school visit with the chancellor without taking any questions.

U.S. Attorney’s Office Announces Additional Charges Against Athletic Apparel Company Executive And Others For Allegedly Defrauding Four NCAA Division I Universities

  Robert S. Khuzami, the Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, announced the filing of a Superseding Indictment against defendants JAMES GATTO, a/k/a “Jim,” MERL CODE, and CHRISTIAN DAWKINS in United States v. Gatto, 17 Cr. 686 (LAK).  The Superseding Indictment (“the Indictment”) expands the scope of the charged wire fraud conspiracy to include alleged payments to the families of six student-athletes in connection with those players’ decisions to attend four different NCAA Division I Universities – the University of Louisville, the University of Miami, the University of Kansas, and North Carolina State University – all of which were sponsored by the same major athletic apparel company (“Company-1”).[1]

The investigation remains ongoing.  The FBI strongly encourages anyone with information they believe to be relevant to contact the FBI by calling a special hot line established to receive tips in connection with this investigation: 212-384-2135.

[1] As the paragraph above indicates, the entirety of the text of the Superseding Indictment constitute only allegations, and every fact described therein should be treated as an allegation.

FARC Members And Associates Charged With Conspiring To Import Cocaine Into The United States

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Jesse Garcia, Assistant Andean Regional Director of the U.S. Drug Enforcement Administration (“DEA”), announced today that four members and associates of the Revolutionary Armed Forces of Colombia (the “FARC”)—SEUXIS PAUCIS HERNANDEZ-SOLARTE, a/k/a “Jesus Santrich,” MARLON MARIN, ARMANDO GOMEZ, a/k/a “El Doctor,” and FABIO SIMON YOUNES ARBOLEDA—were arrested yesterday in Colombia for conspiring and attempting to import cocaine into the United States.  The United States is seeking the defendants’ extradition from Colombia. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, these defendants conspired to ship thousands of kilograms of cocaine from Colombia to the streets of the U.S.  Thanks to the investigative work of the DEA, they are now under arrest and face significant criminal charges.”

Assistant Regional Director Jesse Garcia said:  “This significant enforcement operation demonstrates that there remains within the Government of Colombia willing partners, determined to support the United States and DEA’s counter drug mission in Colombia, who are also willing to pursue justice no matter where the investigations lead.  This investigation was heavily supported by DEA’s Sensitive Investigative Unit (SIU) program and Colombian Attorney General Nestor Humberto Martinez.”

As alleged in the Indictment unsealed in federal court:

From June 2017 up to April 2018, HERNANDEZ-SOLARTE, MARIN, GOMEZ, and YOUNES ARBOLEDA worked together to produce and distribute approximately 10,000 kilograms of cocaine from Colombia to the United States and elsewhere.  During this time, the defendants were members and associates of the FARC.  HERNANDEZ-SOLARTE was a high-ranking member of the FARC leadership and a candidate to be seated in Colombia’s House of Representatives.  During the course of their cocaine trafficking, HERNANDEZ-SOLARTE, MARIN, GOMEZ, and YOUNES ARBOLEDA represented that they had access to laboratories to supply the cocaine and to U.S.-registered airplanes to transport the drugs within and through Colombia.  The defendants also supplied kilograms of cocaine to others as, among other things, a demonstration of their access to ton quantities of cocaine. 

The Indictment charges HERNANDEZ-SOLARTE, 51, MARIN, 39, GOMEZ, 70, and YOUNES ARBOLEDA, 72, all of Colombia, with one count of conspiring to import cocaine into the United States, and two counts of attempting to import cocaine into the United States.  If convicted, the defendants face a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison on each count. 

Mr. Berman praised the outstanding efforts of the DEA’s Sensitive Investigation Unit, Bogota Country Office, and Miami Field Office, as well as the U.S. Department of Justice’s Office of International Affairs.  He also thanked the Criminal Division’s Narcotics and Dangerous Drugs Section Judicial Attaches in Colombia, who provided substantial assistance. 

The charges contained in the Indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.  The potential mandatory minimum and maximum sentence in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

 [1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Previously Convicted Physician Arrested For Fraud And Aggravated Identity Theft

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that SPYROS PANOS, a former orthopedic surgeon, who was previously convicted of health care fraud, was charged with wire fraud, health care fraud, and aggravated identity theft, in connection with a scheme in which he assumed the identity of a licensed orthopedic surgeon and obtained over $860,000 in payments for reviewing patient files in Workers Compensation cases.  PANOS was arrested this morning at his home in Hopewell Junction, New York, and was presented before U.S. Magistrate Judge Paul E. Davison in White Plains federal court this morning.

According to the allegations contained in the Complaint unsealed today[1]:  

SPYROS PANOS, the defendant, was an orthopedic surgeon practicing in Dutchess County and residing in Hopewell Junction (the “PANOS Residence”).  In or about August 2013, PANOS surrendered his license to practice medicine, and on or about October 31, 2013, he pled guilty, in United States District Court for the Southern District of New York, to a health care fraud charge (the “Health Care Fraud Charge”).  In or about April 2014, PANOS began serving a 54-month sentence.  On or about September 16, 2016, PANOS was released to a halfway house and then, about a month later, to home confinement.  Since March 2017, he has been serving a two-year term of supervised release. 

In connection with medical treatment relating to Workers’ Compensation claims, a peer review may be conducted when a treating physician requests a variance in treatment.  The doctor performing the peer review is a licensed independent doctor who reviews the patient file but does not examine the patient, and writes a report opining whether the variance is appropriate.  There are companies that supply doctors who conduct such peer reviews.  Prior to being assigned to perform peer reviews, the doctor must establish that he/she has the proper credentials by providing, among other things: the schools from which the doctor earned his/her degrees and other educational credentials, the states in which he/she is licensed to practice medicine, and other pedigree and background information such as birth date and social security number.

In or about December 2013 (which was after PANOS pled guilty on October 31, 2013, and before he surrendered to serve his sentence on April 2, 2014) a company called Excel O LLC (hereafter “Excel O”) was formed.  The registered agent for Excel O is a family member of PANOS and is not a licensed physician (“Family Member-1”).

An orthopedic surgeon purporting to be practicing medicine at “Excel Orthopedics” (the “Excel Doctor”) performed peer reviews for several review companies.  The same credentialing information for the Excel Doctor was submitted to five of the Review Companies (the “Five Review Companies”), and they paid for the Excel Doctor’s peer review services by checks made out to Excel O LLC or Excel Orthopedics.  The Excel Doctor communicated with them using the same email address (the “Email Account”) that is subscribed to by the Excel Doctor and was created on or about September 13, 2013, approximately one month before SPYROS PANOS, the defendant, pled guilty to the Health Care Fraud Charge.  Thereafter, PANOS communicated with at least two of the companies by email and logging on to the companies’ secure servers through an IP address assigned to PANOS’s residence.

On or about December 21, 2013, approximately six months before PANOS surrendered to serve his prison sentence, an account in the name of Excel O was opened at a local credit union (“Excel O Account-1”).  Family Member-1 is the only name associated with the account. Between the time Excel O Account-1 was opened until about three months after PANOS surrendered to serve his sentence for the Health Care Fraud Charge, checks totaling over $239,000, issued by one of the above review companies, as well as a sixth review company, made out to Excel O LLC or Excel Orthopedics, were deposited into Excel O Account-1.  No further checks from peer review companies were deposited into Excel O Account-1.

On or about December 2, 2016, approximately two months after PANOS was released from prison, a second Excel O account was opened at the same credit union (“Excel O Account-2”) and, again, Family Member-1 is the only name associated with the account.  Between in or about December 2016 and in or about October 2017, over $636,500 in checks issued by the Five Review Companies, made out to Excel O LLC or Excel Orthopedics, were deposited into Excel O Account-2.

After the Review Companies’ checks were deposited into these accounts, money was removed through withdrawals of cash or checks that were made out to Family Member-1, drawn on the accounts, and then deposited into a third account (the “Family Account”).  The Family Account is in the name of Family Member-1 and two other members of PANOS’s family, neither of whom is a licensed physician.  From the Family Account, some money was withdrawn and over $100,000 was transferred to bank accounts in Hong Kong.  A member of PANOS’s family deposited Review Company checks into Excel O Account-2, withdrew money from that account, and transferred money into the Family Account.  And, on several occasions in September and October of 2017, PANOS and Family Member-1 went to the credit union and wire transferred money out of the Family Account. 

The doctor whose credentialing information was submitted to the review companies and represented to be the Excel Doctor’s credentials (“Doctor-1”) is a licensed physician who is an orthopedic surgeon employed by a practice in Westchester County, not Excel Orthopedics. Doctor-1 did not submit his/her credentialing information to the review companies referred to above, did not conduct any peer reviews, did not authorize PANOS or anyone else to use his/her credentialing information to conduct peer reviews, and did not receive any of the review company fees for services he/she was falsely represented to have performed.  

PANOS, 49, is charged in three counts.  The first count charges him with wire fraud, which carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  The second count charges him with health care fraud, which carries a maximum sentence of 10 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  The third count charges him with aggravated identity theft, which requires a two year prison term to be served consecutive to a sentence imposed for the wire and health care fraud charges.  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.

Mr. Berman praised the outstanding investigative work of the U.S. Postal Inspection Service, the Office of the Inspector General of the U.S. Department of Health and Human Services, and the New York Inspector General for their assistance.

[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.

Bronx DA Scheduled Cases of Interest Week of April 9th

Monday, April 9, 2018
ADA Judge Part # Status	Defendant Name	Case Details
Powers,M. Barrett 60 Appearance	KEITH WALTON	Walton, an NYPD Deputy Inspector in the Bronx, is charged with Sexual Abuse and additional crimes for allegedly grabbing a female subordinate and ordering her to kiss him.

Tuesday, April 10, 2018
ADA Judge Part # Status	Defendant Name	Case Details
Brady, A. 96 Discovery	ALEN CALIFANO	Bronx man charged with Assault, Robbery and related crimes for allegedly breaking into a Jewish assisted-living facility and threatening to kill an 84-year-old man.
Kleinman, B. Fabrizio 92 Appearance	MICHAEL JENKINS	Bronx after-school worker charged with Rape and other sexual crimes for allegedly raping a 13-year-old student.
Suminski, G. Michels 77 Decision on Motions	MICHAEL QUILES	Charged with Attempted Murder and other crimes for allegedly shooting a 5-year-old boy in the head with the intention of firing at another man on June 5th, 2017 near East 167th Streeton Washington Avenue.
Navia, J. Barrett 60 Conference	NAOKI YAGUCHI	NYPD officer charged with Official Misconduct and four counts of Operating a Vehicle While Under the Influence of Alcohol for driving while intoxicated while he was on duty and responding to a police call in the 52nd Precinct.

Wednesday, April 11, 2018
ADA Judge Part # Status	Defendant Name	Case Details
NO	CASES OF INTEREST

Thursday, April 12, 2018
ADA Judge Part # Status	Defendant Name	Case Details
Kharkover, I. Neary 70 Sentencing	SHAKUR CARRASQUILLO	Bronx man to be sentenced for stabbing woman and trying to bribe her to no testify against him.

Friday, April 13, 2018
ADA Judge Part # Status	Defendant Name	Case Details
NO	CASES OF INTEREST