“The Council has been a leader in the push to bring these centers to New York City, and we thank Mayor de Blasio for taking this brave, important and necessary step. Too many people have died from opioids and heroin. These sites will save lives and connect addicts with treatment options and trained professionals that could lead them to recovery. This is something that I championed during my time as Chair of the Council Health Committee, and is an issue that has deep personal significance to me. I am proud of our city today for taking bold steps to address a problem that’s gripped this country, and I hope other cities follow our lead and allow safe sites like these.”
Sunday, May 13, 2018
Saturday, May 12, 2018
Three Charged With Conspiring To Distribute More Than 100 Grams Of Carfentanil In The Bronx
Carfentanil, a Fentanyl Analogue 100 Times More Potent Than Fentanyl, can be Lethal in Doses of as Little as 20 Microgram
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James J. Hunt, Special Agent in Charge of the U.S. Drug Enforcement Administration’s New York Field Division (“DEA”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), George P. Beach II, the Superintendent of the New York State Police (“NYSP”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrests and unsealing of Complaints charging MIGUEL ESCANO, EMANUELLI RIVERA, and PEDRO DISLA ROJAS with conspiring to distribute heroin and more than 100 grams of carfentanil, a controlled substance analogue of fentanyl. ESCANO, RIVERA, and ROJAS were presented yesterday before Magistrate Judge James L. Cott in Manhattan federal court.
U.S. Attorney Geoffrey S. Berman said: “These defendants are alleged to have been engaged in the production and distribution of large quantities of carfentanil. Carfentanil is a potentially lethal drug 100 times more potent than fentanyl. As little as .00002 grams can kill. A substance meant as an elephant tranquilizer should not be hitting the streets as a recreational drug. Thanks to our law enforcement partners for their efforts to stem the tide of lethal opioids.”
DEA Special Agent-In-Charge James J. Hunt said: “This investigation is about more than just arrests and seizures, it is a public health warning. Carfentanil is death, and drug dealers are packaging it for sale on the streets of New York City. Law enforcement is battling the opioid suppliers on the front lines and this drug has the potential to double or triple overdose rates if we don’t get it off the streets quickly and warn users of its extreme danger.”
HSI Special Agent-in-Charge Angel M. Melendez said: “The individuals charged today are alleged to have introduced a drug that is one hundred times more potent than fentanyl to our Bronx neighborhoods. Law enforcement is paying close attention to those who are profiting in this nefarious drug game to ensure that the perpetrators are arrested and face prosecution.”
NYPD Commissioner James P. O’Neill said: “Anyone who continues to peddle this poison on the streets of New York City should be prepared for the full weight of our nation’s best investigators to bear down on them. I commend everyone involved in this case, particularly the members of the New York Drug Enforcement Strike Force, as they have proven again just how effective our law enforcement partnerships really are.”
State Police Superintendent George P. Beach II said: “The work of the New York Drug Enforcement Task Force stopped these dangerous and potentially deadly drugs before they could reach the streets of New York. We have no tolerance for those who allegedly continue to traffic narcotics with no regard to the damage they inflict in our communities, and anyone who does can expect to end up in prison. We will continue to work with our federal and local partners to prevent the flow of these illegal drugs from reaching our neighborhoods.”
According to the allegations in the Complaints[1]:
On three separate occasions between January and March 2018, ESCANO sold an individual acting at the direction of law enforcement a substance containing carfentanil in transactions that involved 50 grams, 70 grams, and 70 grams, respectively. RIVERA assisted with the January 2018 sale. Carfentanil is used as a tranquilizing agent for elephants and other mammals, is 100 times more potent than fentanyl, and can be lethal in doses of as little as 20 micrograms depending on the way it is administered and other factors.
As law enforcement officers prepared to execute a search warrant on a Bronx apartment on May 9, 2018, RIVERA exited the apartment and was arrested. Law enforcement seized approximately 100 grams of suspected narcotics in connection with the arrest of RIVERA, which have not yet been tested because the substance needs to be examined in a laboratory environment in light of the potentially lethal nature of carfentanil. Following the arrest of RIVERA, law enforcement officers searched the apartment and found ROJAS inside. During the search, law enforcement officers seized, among other things, suspected narcotics and materials commonly used in the production and distribution of narcotics, such as respirator masks, grinders, strainers, glassine bags stamped with the names “Sweet Dreams” and “Nasty Boyz,” a wooden press, and a stamp with the words “My Angel.” Law enforcement arrested ROJAS in connection with the search of the apartment.
RIVERA, 32, of the Bronx, and Rojas, 38, of the Bronx, were each charged with one count of conspiring to distribute carfentanil and heroin, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years.
ESCANO, 30, of the Bronx, was charged with one count of conspiring to distribute carfentanil, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years.
The statutory maximum and minimum sentences are prescribed by Congress and are provided here for information purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Berman praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.
The charges contained in the Complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaints and the description of the Complaints set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Former Energy Company Executive Pleads Guilty In Connection With The Bribery Scheme Of Former Executive Deputy Secretary To The Governor Of New York
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that PETER GALBRAITH KELLY JR., a former executive at Competitive Power Ventures (“CPV”), pled guilty to defrauding CPV by misrepresenting that the former Executive Deputy Secretary to the Governor, Joseph Percoco, had obtained state ethics approval for his wife to work at CPV. After an eight-week jury trial, co-defendants Joseph Percoco and Steven Aiello were convicted of charges relating to bribery. The jury was deadlocked on the charges against Kelly. Joseph Gerardi was acquitted of all charges. KELLY pled guilty to one count of conspiracy to commit wire fraud before United States District Judge Valerie E. Caproni.
U.S. Attorney Geoffrey Berman said: “Braith Kelly was involved in a criminal scheme to bribe of one of the most powerful men in New York in exchange for favorable treatment for his energy company. Today he pled guilty for his part in the scheme and now faces time in prison. Corruption in Albany casts a shadow over the many honest public servants who do good work in the administration of government, and deprives the citizens of New York of the honest representation they deserve.”
According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:
KELLY ran monthly payments to Percoco and his wife through a consultant who worked for the Energy Company in order to disguise the source of the payments. KELLY also made sure that Percoco’s wife’s photograph and full name were not included in promotional materials for the Energy Company, and he falsely told his superiors at the Energy Company – on two separate occasions – that Percoco had obtained an ethics opinion from the Governor’s Office approving of Percoco’s wife’s employment with the Energy Company, when in fact no such opinion existed. For his part, Percoco concealed the criminal scheme by failing to include the Energy Company as the source of payments on his State-mandated financial disclosure forms.
KELLY, 54, of Canterbury, Connecticut, pled guilty to an Information that charges him with one count of Conspiracy to Commit Wire Fraud. It carries a maximum penalty of five years in prison and a fine of the greatest of $250,000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense. KELLY is scheduled to be sentenced on September 28, 2018, by Judge Caproni.
Percoco was convicted on March 13, 2018, after an eight-week trial, of soliciting and accepting bribes in return for taking official state action to benefit CPV and Syracuse-based real estate developer COR Development (“COR”). Percoco is scheduled to be sentenced by Judge Caproni on June 11, 2018.
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 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 special agents from the U.S. Attorney’s Office. Mr. Berman also thanked the New York State Attorney General’s Office.
Statement Of U.S. Attorney Geoffrey S. Berman On The Conviction Of Former State Assembly Speaker Sheldon Silver
Sheldon Silver, the former New York State Assembly Speaker, took an oath to act in the best interests of the people of New York State. As a unanimous jury found, he sold his public office for private greed.
I commend the career prosecutors of our Office’s Public Corruption Unit, whose determination in securing this important conviction fittingly underscores the importance of pursuing cases against corrupt politicians, no matter the difficulty. One of the most worthy endeavors of this Office is combatting public corruption. We will continue to do so with the independence and resolve the Southern District is known for and the citizens of New York so rightly deserve.
Daniel Delvalle, Member Of Bronx Drug Crew, Sentenced For Murder Of Kenya Miller
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that DANIEL DELVALLE, a/k/a “BD,” a/k/a “Danny,” 31, was sentenced today by United States District Judge Naomi Reice Buchwald to a term of 156 months in prison for his participation in the murder of Kenya Miller, 26, on June 29, 2010. The sentence imposed by Judge Buchwald will be served consecutively to the 120-month prison term imposed on DELVALLE on June 4, 2014, by United States District Judge William H. Pauley III, for DELVALLE’s participation in a conspiracy to distribute crack cocaine.
United States Attorney Geoffrey S. Berman said: “Daniel Delvalle was responsible for the murder of 26-year-old Kenya Miller. As a result of that horrible and senseless crime, he will spend 23 years in prison. We thank our law enforcement partners for their outstanding efforts, and we will continue to work with them to keep our communities safe.”
According to the Indictment, and other documents filed in the case, as well as statements made during the sentencing proceedings:
Between approximately 2006 and 2012, two rival drug crews based their operations in and around the E. Roberts Moore Houses (the “Moore Houses”) in the vicinity of Cauldwell and Concord Avenues in the Bronx, New York. One such crew was headed by DELVALLE. Members of the DELVALLE crew primarily sold crack cocaine supplied to them by DELVALLE. Members of the DELVALLE crew also possessed and used firearms in order to protect themselves and their drug territory, and they were responsible for a number of drug-related shootings in the area.
On June 29, 2010, Miller was killed by a member of the DELVALLE crew (“CC-1”). Miller’s murder was ordered by DELVALLE, who had been upset with Miller for allegedly assaulting members of the DELVALLE crew. As a result, on the day of the murder, when DELVALLE saw Miller in the vicinity of the Moore Houses, DELVALLE told CC-1, in substance and in part, to retrieve a firearm and to kill Miller. CC-1 followed those instructions: CC-1 retrieved a gun belonging to the DELVALLE crew, followed Miller into an apartment building, and then shot Miller several times in an elevator.
Mr. Berman praised the work of the New York City Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration.
TEAM DIAZ ABRAZO GARIFUNA
It was the Annual TEAM DIAZ Abrazo in Honor of Garifuna-American Month. Well almost TEAM DIAZ as two members were missing. Newly elected State Senator Luis Sepulveda and Bronx Borough President Ruben Diaz Jr. were absent from the event for various reasons. No matter former State Senator now Councilman Ruben Diaz Sr. took center stage and the Abrazo went on as you will see from the photos below.
Above and Below- As is custom the elected officials pose with members of the audience before the Abrazo.
Above - Another photo with the electeds.
Below - Members of the Garifuna Cultural Group Anyana Yankunu Dance Group performed.
Above - The invocation is given by Evangelist Dr. Mery Alvarez. What is Assemblyman Marcos Crespo thinking?
Below - The National Anthem is sung by Rosemary Bermudez.
Above - Without the Bronx Borough President 'In the House"', Assemblyman Crespo stands in for him to say a few words.
Below - The five honorees (l-r) Mr. Pablo Blanco, Ms. Daysi Fernandez, Ms. Luz F. Solis, Ms. Emi VAlerio, and Mr. Eduardo Solano.
Above - Honoree Eduardo Solano receives Proclamations and citations from the elected officials.
Below - Honoree Emi Valerio Receives her Proclamations and citations from the elected officials.
Honoree Luz F. Solis receives her Proclamations and Citations as did Honorees Ms. Daysi Fernandez and Mr. Pablo Blanco.
NY Attorney General's Office Requests Public Comments As Part Of Review Of Fidelis Sale
Acting New York Attorney General Barbara Underwood announced today a request for public comment as part of the office’s review of the $3.75 billion sale of substantially all of the assets of the New York State Catholic Health Care Plan, Inc. d/b/a Fidelis Care New York (“Fidelis”) to Centene Corporation (“Centene”). Most of the proceeds of the sale will be used to create an endowment for the new Mother Cabrini Health Foundation.
“This will be the largest charitable transaction in the history of the Attorney General’s office,” Acting Attorney General Underwood said. “Our office is committed to ensuring that the new foundation continues Fidelis’ critical mission of providing safety net health care to vulnerable New Yorkers. We have already undertaken significant measures to assure continued access to quality, affordable health care, and encourage New Yorkers to make their voices heard during this comment period.”
In April 2018, the New York State Department of Health and the New York State Department of Financial Services approved transfer of the managed care plans owned and managed by Fidelis to Centene Corporation, a for-profit company.
Under the Not-for-Profit Corporation Law, the proceeds of the sale of charitable assets belong to the charity and must be used to further its charitable mission. The Attorney General is responsible for reviewing the transaction to determine whether the price and terms of the sale are fair and reasonable, and whether the purposes of the charity will be promoted by the sale.
The Charities Bureau has been conducting an extensive review of the Fidelis petition under Section 511-a of the Not-For-Profit Corporation Law. The petition is now being made available for public comment through May 23, 2018 at https://ag.ny.gov/Fidelis.
Because of Fidelis’ important role in providing safety net health care for New Yorkers, the Attorney General’s office has secured a number of commitments from Centene as part of her office’s review of the sale. Those commitments include requiring Centene to:
- continue to provide services and enroll members in every county in which Fidelis currently operates;
- continue Fidelis’ current network of providers and ensure that those providers will be paid the same rate for at least three years;
- and provide funds for an independent health care expert (chosen by the Attorney General’s office) to review whether the health care services being provided are consistent with those provided by Fidelis and that Centene’s commitments are being honored.
Under the proposed transaction, Fidelis will transfer the proceeds of the sale to a new health care foundation, Mother Cabrini Health Foundation, Inc. This Foundation will provide grants to address the health care needs of vulnerable New Yorkers, including social determinants of health. The Foundation’s plan for use of the sale proceeds is set forth in the petition beginning at paragraph 147. In addition, the Foundation will transfer to the State of New York $1.4 billion for use by the State in addressing the health needs of vulnerable New Yorkers; the State has agreed to provide sufficient information to the Charities Bureau to assure that this undertaking is honored.
The Charities Bureau will review all public comments prior to making a final decision on the Fidelis petition.
Comptroller Stringer Releases First Agency Watch List Report: Department of Correction
Stringer calls for increased transparency of spending and results
Agency Watch List report to be released quarterly on three City agencies that must deliver better results: DOC, DOE, and DHS
As the New York City Council Committee on Criminal Justice holds hearings on the Executive Budget, New York City Comptroller Scott M. Stringer released the first “Agency Watch List” report on the Department of Correction (DOC), one of three agencies the Comptroller’s Office is monitoring for spending and results. The watch list is a tool to track the relationship between spending on and results of programs run by city agencies, and highlights areas where the public lacks sufficient data to determine program value. This analysis of DOC found that despite a record low inmate population, the agency’s costs continue to climb rapidly – with little evidence that the higher spending is resulting in material changes in conditions at Rikers. There is also insufficient transparency around other critical initiatives, such as recidivism reduction programs and mental health services, making it impossible to assess whether the agency is maximizing every dollar in these critical areas.
The Agency Watch List, first announced in Comptroller Stringer’s Preliminary Budget Presentation, spotlights City agencies – the Department of Correction (DOC), Department of Education (DOE), and Department of Homeless Services (DHS) – that raise the most alarming budgetary concerns due to rapidly increased spending and meager measurable results. Reports, to be released on each department quarterly, will review trends and recommend indicators that should be publicized and monitored to evaluate the effectiveness of agency spending in achieving the Administration’s stated goals.
“Providing New Yorkers with the services they deserve is a critical responsibility – but with a cooling city economy, the Agency Watch List is a new tool to ensure that the City is making every dollar count. Our city agencies must do better when it comes to tracking the results of their investments – and sharing those results with the public,” said New York City Comptroller Scott M. Stringer. “When it comes to the Department of Correction, we know that some numbers are moving in the wrong direction. The DOC is putting far more money into far fewer inmates and yet we’re still seeing more violence. We have to do better to ensure a smart, modern, and fair corrections system. That starts with collecting the data and raising common-sense questions about the effectiveness of enormous – and growing – budgets. Transparency matters, and that’s what our Agency Watch List brings.”
Comptroller Stringer’s report provides an extensive analysis of available data, including rates of violent incidents, spending on overtime pay for correction officers, and participation in new recidivism programs. But the data provided by DOC and the Administration is incomplete, and fails to adequately illustrate the results of new spending. As such, the Comptroller’s Office is calling for more data to be released publicly on the Department of Correction’s spending on anti-violence initiatives and re-entry services – including alternative housing strategies and inmate education initiatives – in order to fully determine whether spending is in line with the Administration’s stated goals.
The report includes the following findings:
Inmate Population Down, but Spending, Staffing, and Violence Up
- Since 2014, New York City’s inmate population has fallen 20 percent, from an average daily population of 11,400 in FY 2014 to under 9,200 in FY 2018, through October 2017;
- Yet total agency spending is projected to rise 29% over the same period, as of the FY 2019 Executive Budget;
- Over the same period, the ratio of inmates to correction officers has fallen, from 1.28 to 0.87, while the cost of staffing per inmate has increased from $96,695 in FY 14 to over $144,000 in FY 17; and
- Yet the number of violent incidents has nearly doubled over the same period, from 774 incidents per 1,000 average daily population in 2014 to over 1,300 incidents per 1,000 average daily population in the first four months of FY 18.
Participation in Re-Entry and Recidivism Services Up but Results Not Tracked
- Program spending is projected to increase five-fold, from $3.8 million in FY 14, to a projected $21.4 million in FY 19;
- In new initiatives to reduce idleness, spending is projected at $11 million in FY 19, roughly even with FY 18; and
- Expansion of the I-CAN recidivism reduction program to medium-risk inmates has resulted in a significant increase in the number of participants, which is good news. But information on the outcome – reduced recidivism – is lacking.
Despite Increased Investment in Health and Mental Health Services, Clinic Visits Flat
- Spending on Health Affairs and the Health Management Division has risen from $3.1 million in FY 14 to $5.5 million in FY 18 (budgeted, as of the FY 2019 Executive Budget); and
- The number of total inmate health clinic visits has been largely consistent between FY 14 and FY 17, only increasing slightly from 77,825 to 79,844 in those respective years.
Key Data Not Provided by City to Measure Results
A number of key indicators are not currently publicly reported, resulting in a gap between the Administration’s stated goals and the measures available to evaluate their success. As part of the Agency Watch List report, the Comptroller’s Office is calling on the Administration to immediately make these statistics publicly available and incorporate them into the Mayor’s Management Report:
- Average length of stay (not reported in FY 2018 Preliminary MMR)
- Average cost per inmate (not reported; calculated by Comptroller’s Office)
- Crisis intervention team deployments (not reported)
- Inmates reported receiving mental health services as a percent of those with diagnosis (not reported)
- Overtime spending per uniformed headcount (calculated by Comptroller’s Office)
- Average number of fixed posts requiring coverage (not reported)
- Percent of inmates eligible for discharge planning who receive a plan (not reported)
- Inmates earning a GED (not reported)
- Post-release job placements and retention (not reported)
- Re-admissions (not reported)