Wednesday, November 7, 2018

Council Member Jumaane D. Williams - RESPONDS TO THE 2018 ELECTION RESULTS


STATEMENT BY COUNCIL MEMBER WILLIAMS
 
"Last night, progressive grassroots energy led to sweeping change in the New York State Senate, and the House of Representatives. History was also made in electing New York's first black woman Attorney General. And while not every battle was won, this repudiation of the bigotry of Trump and his allies will reverberate for years, so I thank the countless individuals who made it possible. I also thank voters for persevering through the long lines and faulty equipment of a broken electoral system in New York City. Elections reform and major changes at the Board of Elections must be among our top priorities in the city coming out of last night.

A glimpse of hope has broken through the dark cloud of hatred that Trump and others have cast over this country. Inspiring individuals and communities with a shared vision for a better country showed that last night. But there are, in many ways, two Americas, and last night's results also showed that bigotry and fear still have a hold on many areas and populations in our nation. There has always been this divide, and just as there has always been hatred, there have been people pushing back, moving us on that moral arc toward justice.

We can't slow down now. As a nation, it's time for us to push our newly elected governing bodies to fulfill their promises. It's time for us to reform our election laws to prevent yesterday's disastrous voter suppression efforts. And it's time to bring transformational change to our city, state and country. With ongoing activist energy from individuals across the nation, we can achieve these goals."

NYC Health + Hospitals/Jacobi Earns National Accreditation from the Commission on Cancer of the American College of Surgeons


  The Commission on Cancer, a quality program of the American College of Surgeons, has granted three-year accreditation with commendation to the cancer program at NYC Health + Hospitals/Jacobi, the hospital announced today. To earn voluntary Commission on Cancer accreditation, a cancer program must meet or exceed its quality care standards, be evaluated every three years through a survey process, and maintain levels of excellence in the delivery of comprehensive patient-centered care. Three-year accreditation with silver-level commendation is awarded only to a facility that exceeds standard requirements at the time of its triennial survey.  

As a Commission on Cancer-accredited cancer center, NYC Health + Hospitals/Jacobi takes a multidisciplinary approach to treating cancer as a complex group of diseases that requires consultation among surgeons, medical and radiation oncologists, diagnostic radiologists, pathologists, and other cancer specialists. This multidisciplinary partnership results in improved patient care. 

The accreditation with commendation is the result of over a year of training, coordination, and collaboration among many members of the care team at NYC Health + Hospitals/Jacobi. The hospital received special commendation for several standards, including:  

·    Oncology Nursing Care – More than 25 percent of the nursing staff is certified in cancer care.
·   Patient Enrollment in Clinical Trials – The cancer programs at NYC Health + Hospitals/Jacobi enroll 10 percent or more cancer patients in clinical trials. Because patient access to the kinds of cutting-edge treatment available through clinical trials can benefit both current and future cancer patients, a screening process has been developed to track effectiveness.
·     Public Reporting of Outcomes – The Community Advisory Board of NYC Health + Hospitals/Jacobi reports on participation in screening and prevention activities.

“Our entire team worked very hard to achieve this important designation,” said Tarek Elrafei, MD, chair of NYC Health + Hospitals/Jacobi’s Oncology Department.

The Commission on Cancer Accreditation Program provides the framework for facilities to improve quality of care through various programs that focus on the full spectrum of cancer treatment and encompass prevention, early diagnosis, cancer staging, optimal treatment, rehabilitation, life-long follow-up, and end-of-life care. When patients receive care at a Commission on Cancer facility, such as NYC Health + Hospitals/Jacobi, they also have access to information on clinical trials and new treatments, genetic counseling, and patient-centered services, including psycho-social support, a patient navigation process, and a survivorship care plan that seeks to improve cancer survivors’ quality of life.  

The new accreditation builds on earlier third-party validation of the exceptional cancer care available at the hospital, including from the American College of Surgeons’ National Accreditation Program for Breast Centers, which has recognized the hospital’s Breast Health Service as a “Center of Excellence,” and from the American College of Radiology, which has bestowed multi-year recognition of the service as a “Breast Imaging Center of Excellence.”

The hospital’s Breast Health Service performs more than 12,000 mammograms each year and provides treatment and care for more than 1,600 patients annually.

If you or someone you know has been diagnosed with cancer and is looking for extraordinary care, please call 718-918-4318.

Monday, November 5, 2018

Bronx Tax Preparer Convicted At Trial For Aggravated Identity Theft And Tax Fraud


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that REBECCA BAYUO, a Bronx tax preparer, was convicted in Manhattan federal court yesterday of preparing false tax returns on behalf of her clients, filing false tax returns in the names of victims whose identities she had previously stolen, and filing false tax returns on her own behalf.  BAYUO was convicted after a two-and-half week jury trial before U.S. District Judge John G. Koeltl.

U.S. Attorney Geoffrey S. Berman stated:  “Rebecca Bayuo now stands convicted of multiple counts of tax fraud after she abused her position of trust as a tax preparer by systematically violating the nation’s income tax laws.  By repeatedly filing fraudulent tax returns for her clients, including using stolen identities to increase tax refunds, Bayuo stole tens of thousands of dollars directly from the U.S. Treasury.  For these egregious crimes, Bayuo now faces significant time in federal prison.”
According to the allegations contained in the Complaint, Indictment, and the evidence presented at trial:
BAYUO owned and operated Breakthrough Insurance Brokerage, a tax preparation business, located in the Bronx, New York.  From 2010 through 2014, BAYUO used stolen identifying information of victims to file fraudulent federal income tax returns, which generated tax refunds to which BAYUO was not entitled.  Specifically, BAYUO repeatedly used stolen identities of dozens of victims, including 11 New York residents who testified at trial, to file false tax returns and unlawfully collect tax refunds from the Internal Revenue Service (“IRS”) in their names for herself.  As a result of BAYUO’s criminal conduct, many of the victims were unable to file tax returns as required by law, and were deprived of tax refunds to which they were entitled.
In addition, from 2011 through 2012, BAYUO prepared and submitted to the IRS fraudulent tax returns for her clients that resulted in increased tax refunds, to which her clients were not entitled.  Among other things, BAYUO charged her clients an additional fee in exchange for providing them with the stolen identities of children as false “dependents” to claim on their tax returns.  BAYUO recycled the same stolen identities as false “dependents” for numerous tax returns, over at least a four-year time period.   
Finally, from 2014 to 2015, BAYUO filed false personal income tax returns in her own name, and included in those filings personal identifying information belonging to other individuals that she had stolen.  Specifically, on her own tax returns, BAYUO included false “dependents,” whose identities she had stolen, in order to obtain a larger tax refund to which she was not entitled.  Three of the victims of this scheme testified at trial.
BAYUO, 48, of the Bronx, New York, was convicted of 12 counts of aiding and assisting the preparation of false tax returns, each of which carries a maximum sentence of three years in prison; one count of theft of government funds, which carries a maximum sentence of 10 years in prison; one count of aggravated identity theft, which carries a mandatory minimum sentence of two years in prison; and two counts of subscribing to false tax returns, each of which carries a maximum sentence of three years in prison.  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. 
BAYUO is scheduled to be sentenced on April 12, 2019, at 10:00 a.m.
Mr. Berman praised the outstanding investigative work of the IRS. 

Arizona Man Pleads Guilty To Using Scam Political Action Committees To Defraud Tens Of Thousands Of Donors


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that WILLIAM TIERNEY pled guilty today in Manhattan federal court to conspiring to commit wire fraud for inducing donations to six political action committees (“PACs”) he established and operated by misrepresenting the activities and expenditures of the PACs.  TIERNEY was arrested and charged in connection with this scheme in May 2018, and he pled guilty today to one count of conspiracy to commit wire fraud before U.S. District Judge Jesse M. Furman. 

Manhattan U.S. Attorney Berman said:  “William Tierney admitted today that he secretly operated numerous political action committees to obtain small-dollar donations from people who believed their hard-earned money would support the causes described in solicitation calls and mailings.  In reality, the PACs were political action committees in name only, contributing less than 1 percent of the money they raised to candidates for office and instead enriching the defendant, who now faces prison time for his crimes.  This is the first-ever federal prosecution of fraudulent scam PACs, but it won’t be the last.”
According to the allegations set forth in the Complaint and Information filed against TIERNEY in Manhattan federal court, and statements made in public court filings and proceedings, including TIERNEY’s guilty plea hearing:
TIERNEY defrauded tens of thousands of donors to six political action committees that he established, controlled, and operated.  These scam PACs were fraudulent entities operated to enrich the defendant, targeting victims across the country to raise funds on the basis of false and misleading representations.  The scam PACs purported to support voter education regarding – and the political campaigns of those who supported – various causes, including autism awareness, law enforcement, and pro-life causes, including through purported “coast to coast” education and advocacy campaigns, working with local groups and organizations, and “investing every penny . . . in the big races to come.”  In truth, virtually all of the money raised was either paid to TIERNEY or used to perpetuate the fraud through additional telemarketing, fundraising, and overhead expenditures.  Less than 1 percent of the money obtained by the scam PACs was contributed to candidates for office.
TIERNEY perpetrated the fraud through various deceptive means and methods.  For example, he created and utilized a web of shell pass-through entities to conceal and disguise the fraud.  Donated funds were transferred to these shell entities, which were given names that suggested activities related to marketing, consulting, and communications efforts, including for issue-specific causes – so that payments to the shell entities would appear to be for legitimate expenditures, including when publicly disclosed in Federal Election Commission (“FEC”) filings.  In at least one instance, a website was created for one of the shell entities, falsely stating that the entity provided direct marketing and political consulting services to trade associations, candidate campaigns, political action committees, and nonprofit organizations.  In fact, these and the other shell entities TIERNEY created had no active operations or employees, were retained by no outside “clients,” and served only to funnel and disguise financial transactions involving money donated to certain scam PACs.
TIERNEY also instructed two companies that made telemarketing solicitation calls for certain scam PACs to create their own shell companies – which he referred to as “Stealth LLCs” – with names that concealed any connection with their parent telemarketing vendors.  This prevented the FEC, donors, and other members of the public from being able to learn from required FEC disclosure forms that multiple scam PACs were in fact paying the same telemarketing vendors. 
To facilitate the fraudulent scheme, TIERNEY used the fake identity of “Bill Johnson” when meeting and corresponding with officials at certain fundraising call centers.  Another fake identity, “Emma Smith,” was used in fundraising solicitations, and was described as a “Volunteer Coordinator” for one of the PACs; in fact, neither Emma Smith nor the position of “Volunteer Coordinator” actually existed.  TIERNEY also undertook efforts to avoid press coverage of the scam PACs more generally, despite the scam PACs’ claims in solicitation materials of national advocacy and awareness campaigns.
TIERNEY, 46, of Arizona, pled guilty to one count of conspiring to commit wire fraud, which carries a maximum sentence of five years in prison, and agreed to forfeit and pay restitution in an amount of at least $1.4 million.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as the sentence of the defendant will be determined by the court.
TIERNEY is scheduled to be sentenced by Judge Furman on February 7, 2019.
Mr. Berman praised the outstanding investigative work of the Special Agents of the United States Attorney’s Office for the Southern District of New York and of the Federal Bureau of Investigation.

SCHUMER, GILLIBRAND PUSH AMTRAK & MTA TO DO THE DEAL ASAP TO CREATE NEW & NEEDED METRO NORTH LINE FOR EAST BRONX & WESTCHESTER COMMUTERS;

PENN ACCESS PLAN WOULD REDUCE TRAVEL TIMES, CREATE ONE-SEAT RIDE TO PENN STATION & WEST SIDE OF MANHATTAN, BOOST ECONOMY & CREATE VITAL SYSTEM RESILIENCY & HELP SUPPORT JOB GROWTH

Brand New Service With Four Bronx Stations Would Create One-Seat Train Ride For East, South Bronx & Westchester to Penn Station, And Aid Reverse Commuters, Too; Reduced Travel Time, Access To Major Job Market & Overall Convenience Will Help Drive Transportation Relief For Countless NY Commuters 
Senators Schumer and Gillibrand Want Amtrak & MTA To Get On Same Page ASAP, Sign A Formal Agreement 
Senators Schumer and Gillibrand: Don’t Block The Tracks! Do The Deal Now To Get New Metro North Line for Bronx and Westchester Commuters Out of the Train Yard  
  U.S. Senator Charles Schumer and U.S. Senator Kirsten Gillibrand released a public letter to Amtrak and the MTA today pushing the two agencies to quickly advance efforts to create a new Metro North service to connect East, South Bronx and Westchester directly to Penn Station. The new Penn Access plan would establish four new stations and a new route featuring one-seat rides to Manhattan’s West Side. The senators said the new line would also reduce travel time, boost economic growth, help workers and reverse commuters and create resiliency within the existing commuter system. The senators’ letter makes the case for getting the project going, without delay, to provide increased Metro-North access for the people of East and South Bronx and parts of Westchester.
Their letter, which appears below, also urges Amtrak and MTA to continue their ongoing work with the East Side Access program and on the badly damaged East River Tunnels, through which this new line would travel.
November 2, 2018
Richard H. Anderson
President and Chief Executive Officer
National Railroad Passenger Corporation (AMTRAK)
1 Massachusetts Ave, NW
Washington, DC 20001
Joseph L. Lhota
Chairman
Metropolitan Transportation Authority (MTA)
2 Broadway
New York, NY 10004
Dear Mr. Anderson and Mr. Lhota:
We write to express support for increased Metro-North access for the people of East and South Bronx and urge your agencies to continue to accelerate your work together to develop a reasonable timeline for launching this new commuter service with all due speed. It is critical, of course, that this new service not be designed or implemented in a way that diminishes any existing mass transit, regional or intercity rail service. As you know, MTA’s plans for starting new Metro-North commuter rail service and four new proposed stations on Amtrak’s Hell Gate Line – at Hunts Point, Parkchester/Van Nest, Morris Park and Co-op City – would create a one-seat train ride for East and South Bronx and parts of Westchester which will substantially reduce travel time, link communities to job markets, enhance economic development and offer vital system resiliency. It is the history of New York, and especially the Bronx, that transit development is linked to job and community development, and expanding Metro-North to the East and South Bronx will increase service to areas that lack adequate mass transportation connections into Manhattan as well as into Westchester and Connecticut. We believe expanding mass transit options can spark job growth and will reduce commute times and benefit the whole region.
Given the interdependencies of Amtrak’s and MTA’s ongoing work with the East Side Access program and the East River Tunnel repairs, as well as the enormous complexity of operations at Penn Station, it is imperative your entities work together to develop an acceptable design, realistic schedule, appropriate cost-sharing and feasible work plan that allows for the completion of ongoing projects – as well as the necessary construction activities to support the introduction of this rail service serving the East and South Bronx as soon as possible. We expect MTA and Amtrak to work together in good faith and consistent with federal law to forge an agreement for all necessary infrastructure to implement this vital service, including the stations and necessary track and Pelham Bay Bridge work.
We have seen – and hundreds of thousands of New York commuters have directly experienced – what can happen when the transit agencies in charge of this infrastructure cannot or do not stay on top of needed investments and repairs. Superstorm Sandy badly damaged the tunnels serving Penn Station, including the East River Tunnels, with approximately 14 million gallons of floodwaters. It is of utmost urgency to the commuters of Long Island, and beyond, that the East River Tunnels be repaired and upgraded – as has already occurred on a number of vital vehicle and mass transit tunnels. According to Amtrak reports, corrosive damage from the storm continue to impact the East River Tunnels and will likely lead to an increase in delays and equipment breakdowns, with these problems growing worse as time goes on if repairs are not made as soon as possible. This is why we fought so hard to pass the original $64 billion Sandy relief Bill, and later fought to prevent certain transit money from this legislation from being spent in projects outside of New York – so that, instead, these funds could be spent to repair the East River Tunnels. As we understand it, the timeline for the East River Tunnel repairs is dependent on the completion of the East Side Access program and both projects must be completed, in conjunction with the construction of infrastructure and capacity elements identified under the Penn Access Project, in order for the new East Bronx service launch to be successful.
As mentioned, after considerable effort, we secured $432 million in Sandy relief funds that can be used by the MTA for the vital repairs to the East River Tunnels and these funds specifically seek to supplement funds that Amtrak has received from insurance settlements for this work. The Federal Transit Administration (FTA) released these funds to the MTA at our urging. It is our expectation that the MTA will make the full financial commitment needed to advance the East River Tunnel Repairs and work with Amtrak to develop a schedule for this work and related operations that permits it to advance quickly.
We cannot overstate the importance of each of these projects and the need to advance them quickly. Given the hundreds of thousands of commuters who depend on this link, and its central relationship to the health of the regional economy, failure is not an option. While we are sensitive to the wide variety of other issues facing both Amtrak and the MTA, the completion of all aspects of the East Side Access program, the repairs to the East River Tunnels, the launch of a new East Bronx service, and the continued management of the complex operations at Penn Station all require tight, constant and professional coordination between your agencies. We continue to ask you articulate a clear plan for the commencement and completion of these projects; that you reach agreement on the necessary commercial and access terms for use of Amtrak’s property, set ambitious deadlines to get the work done; and share these plans with the riding public. We are confident that, working together, you can create a reasonable timeline and work plan that provides the necessary investments, repairs, and benefits New York commuter deserve.
We appreciate your attention to this issue, should you need further information please do not hesitate to contact our offices.
     Sincerely,
     Charles E. Schumer
     United States Senator
     Kirsten Gillibrand
     United States Senator

A.G. Underwood Announces Election Day Hotline To Protect Voter Access During Tuesday's General Election


Voters Experiencing Problems Can Call 800-771-7755 or Email civil.rights@ag.ny.gov Between 6AM and 9PM on Election Day
Attorney General’s Hotline Troubleshoots Range of Election Day Issues
 Attorney General Barbara D. Underwood announced her office’s Election Day Hotline, which is available to help troubleshoot and resolve a range of issues encountered by voters at the polls during the general election on Tuesday, November 6thThe Attorney General urges voters experiencing problems or issues at the polls to call the office’s hotline at 800-771-7755 or email civil.rights@ag.ny.gov at any time between 6:00 AM and 9:00 PM on Tuesday. The hotline will be staffed by attorneys and staff in the Attorney General’s Civil Right’s Bureau.
“All eligible New York voters should be able to freely exercise their right to vote,” said Attorney General Underwood. “If any New Yorker encounters barriers to voting or other problems at their poll sites, please contact my office immediately.”
Voters registered in New York City can click here to find their poll site. Voters registered in New York outside New York City can click here to find their poll site.
The Attorney General’s office has operated the voter access hotline since November 2012. During previous elections, the office fielded hundreds – and sometimes thousands – of complaints from voters across the state and worked with local election officials and others to address issues. Last year, the Attorney General’s office sued and secured a consent decree with the New York City Board of Elections regarding voter registration purges.
The Election Day hotline is part of the office’s ongoing effort to reduce barriers to voting. To avoid any potential conflict of interest, inquiries regarding any campaign for Attorney General will be referred to the local Board of Elections or an independent voter helpline.
Attorney General Underwood reminds all registered voters that they have the right to accessible elections. In addition, all registered voters have the right to vote free from coercion or intimidation, whether by election officials or any other person.
The office will receive and respond to election-related complaints relating to any of the statutes that the office enforces. 

FEMALE INMATE SENTENCED TO 6 ½ TO EIGHT YEARS IN PRISON FOR SEXUAL ABUSE OF FELLOW INMATE AND ASSAULTS ON INMATES AND CORRECTION OFFICERS ON RIKERS ISLAND


  Bronx District Attorney Darcel D. Clark today announced that a female inmate on Rikers Island has been sentenced to six and a half to eight years in prison with eight years post- release supervision after pleading guilty to sexually abusing one inmate and assaulting two inmates and six NYC Department of Correction Officers on Rikers Island. 

 District Attorney Clark said, “This defendant sexually brutalized a cellmate in view of a surveillance camera, beat another inmate, and caused a third inmate to break a wrist. She also attacked six Correction Officers. Now she will be incarcerated in state prison for committing so much violence in jail.” 

 District Attorney Clark said the defendant, Alexandria James, 24, was sentenced today by Bronx Supreme Court Justice Ralph Fabrizio to six and a half to eight years in prison and eight years post-release supervision. She must register as a sex offender and she voluntarily waived her right to appeal. James pleaded guilty on October 5, 2018 to third-degree Aggravated Sexual Abuse and Attempted Assault in the second degree for attacks on female inmates, and to Attempted Assault in the Second Degree for assaults on officers.

 The defendant, while housed in a segregated cell with another inmate in the Rose M. Singer Center, subjected the inmate to two days of assaults, culminating in penetrating her while wearing a makeshift phallic device. The cell was under video observation and all the incidents were recorded.

 The defendant beat an inmate and tore hair out of her head after gaining access to a locked area where the inmate was working. Also, the defendant, believing an inmate had tried to have her removed from the housing area, pushed the inmate and she fell and broke her wrist. That inmate sent a letter to the Bronx District Attorney’s Office, which led the Rikers Island Prosecution Bureau to begin an investigation.

 The defendant shoved, kicked, hit or choked six Correction Officers in separate incidents.

 District Attorney Clark thanked Investigator Scott Frank of DOC Correction Intelligence Bureau, Detective Investigators Timothy Gernon and Monisara Brahm of the Bronx DA’s Squad and Assistant District Attorney Jeffrey Davis for their assistance in this case.

Unsafe Sanitation: Comptroller Stringer Releases New Report on Commercial Waste Removal


Among the city’s largest commercial waste haulers, two-thirds of safety inspections resulted in at least one violation over the last two years
27% of private commercial waste vehicles have received at least one red light camera violation and the vehicles have an average age of 9 years, far greater than the age of municipal waste trucks
Comptroller Stringer continues his support for a zoned collection system that prioritizes safety on our streets and the well-being of workers
  Comptroller Stringer released a concerning new report, Unsafe Sanitation: An Analysis of the Commercial Waste Industry’s Safety Record. The analysis examines safety inspection and traffic records relating to the commercial garbage industry. The report shows how aging truck fleets, failed vehicle inspections, and traffic violations among 273 commercial waste haulers compromise public safety.
“There must be a comprehensive and transformative solution to fix the commercial waste industry. Commercial garbage trucks are overrunning our communities, choking the air with smog and endangering our families,” said Comptroller Stringer. “We need a zoned system that prioritizes higher safety and wage standards for workers and will hold commercial waste companies accountable to those standards.”
Key findings from the report include:
  • Despite their heavy workload and demanding yearly mileage, the average commercial waste truck is more than nine years old. In contrast, the average vehicle age of garbage trucks owned by the City’s Department of Sanitation is 5.9 years. Among common “rear end loader” trucks, which are typically used for curbside trash collection, 82 are 20 years or older and 11 rear end loaders are 30 years or older.
  • Among the city’s top 20 commercial waste haulers, two-thirds of random, roadside safety inspections resulted in at least one violation in the last two years and 20 percent of inspections produced five or more violations. These violations are not cosmetic – the most commonly issued violation related to defects in a truck’s brakes.
  • A shocking 27 percent of commercial waste vehicles have been issued at least one red light camera violation and 14 percent have received at least one school speed zone camera violation since 2007.
  • In the last two years, the top 20 licensed commercial waste haulers in New York City reported 73 serious crashes, including five fatalities.
Comptroller Stringer has long supported the implementation of a zoned system for commercial waste disposal. Research shows that a zoned system could reduce vehicle miles traveled by 49 to 68 percent and cut emissions by 42 percent to 64 percent – drastically reducing the noxious pollution pumped out by sanitation trucks. Additionally, strong safety standards and better labor protections could reduce accidents.
To read the full report, click here.