It’s Time to Pass the Small Business Jobs Survival Act

WHAT YOU SHOULD KNOW
By Councilman,  Rubén Díaz Sr.
District 18 Bronx County, New York

It’s Time to Pass the Small Business Jobs Survival Act

Today, I am reprinting a column that I wrote five years ago. To be exact, I wrote this “What You Should Know” on August 28^th, 2014 and like a prophet I was telling people what was happening with the Small Business Industry. Today, I ask you to read it again.

It’s Time to Pass the Small Business Jobs Survival Act

August 28, 2014
What You Should Know
By Senator Rev. Rubén Díaz
32nd Senatorial District
718-991-3161
 

It’s Time to Pass the Small Business Jobs Survival Act
 

You should know that the Small Business Jobs Survival Act, sponsored by New York City Council Member Annabel Palma, is pending in the New York City Council.  If this bill is passed by the Council and signed into law by Mayor Bill de Blasio, it will provide a lifeline to many businesses that are being forced out of existence throughout the City simply because commercial real estate here is out of control.

You should know that the current state of affairs of commercial real estate has reached a crisis level- in particular to Hispanic New Yorkers who, for the most part, don't own their businesses and lease their commercial space. Too many bodegas and small businesses are being pushed out by greedy landlords and investment firms, and their businesses are being demolished for luxury development, or remain vacant.

You should know that the Small Business Jobs Survival Act, in one form or another, has been languishing in the New York City Council for thirty years – since Ruth Messinger and David Dinkins were in office.  While almost every elected official will stand tall and proudly declare his or her support for this legislation, somehow or another, Council leadership makes sure that it never makes it out of committee for a vote - or when it WAS ready for a vote way back when David Yassky served as Chair of the Small Business Committee, the Speaker's office stopped it from moving forward claiming there were "legal concerns."

The real estate industry's grip on the City Council has become a nightmare for bodegueros and many successful Hispanic businesses, destroying any legacy that thousands of Hispanic New Yorkers could hope to pass on to the next generation.  Add to that, these closings are costing us much-needed revenue in New York City and in New York State.

We all know that there are hundreds of empty stores in every borough. Many of these were once businesses that have been destroyed all because there is no real lease renewal protection for business owners. They are either unable to afford the astronomical rents, or they are unwilling to be extorted for cash by unscrupulous landlords.

My dear reader, we know that the major pathway for social mobility for many Hispanic families has been jobs from small businesses. As more and more Mom and Pop stores close, this vital pathway is being destroyed.

It would be very hard to find any elected official who isn't willing to pose in front of a camera and take a deep bow saying how dedicated he or she is to supporting small businesses.  But when push comes to shove, it seems that all they are really willing to do is to play a sad game of false hope.

Ladies and gentlemen, I have to ask myself: Is this the cost of doing business in New York, or are there enough elected officials in the New York City Council and in the New York State Legislature who will finally say: "Enough is enough!" and pressure this law into existence.

This is Senator Rev. Rubén Díaz, and this is what you should know.

THE BRONX OPERA PERFORMANCES OF "THE CONSUL" AMAZING MUSIC BEING MADE IN THE BRONX

Bronx Opera Season 52:

The Consul & The Mikado

  The Bronx Opera brings to life the masterwork of Gian Carlo Menotti's, "The Consul", for 4 performances, January 12th, 13th, 18th and 19th at the Lovinger Theater at Lehman College in The Bronx.

This Opera, first performed on March 1, 1950, went on to win the New York Drama Critics Circle - Best Musical Play in 1950.  It is eerily current in today's political climate.  The story is about a small European country and its totalitarian regime.  The main characters are John Sorel and his wife Magda.  John is being sought by the secret police for his dissident efforts and his wife must find a way to get a visa to leave the country.  A bit of Art imitating life.

This powerful musical drama will keep you on the edge of your seat to the very end.

The leading role of Magda is being played by two outstanding sopranos  Mary-Hollis Hundley and Marina Harris who both give amazing performances about love, loss and finding your way in the world.

The Bronx Opera Company founded in 1967 has been producing operas each year since it's founding, showcasing extraordinarily talented singers.

Looking for an evening of music drama right here in the Bronx?  Regular audience attendees will tell you this is one the best Arts Organizations the City has to offer.

Tickets are available on the The Bronx Opera Company website and also available at the door at the Lovinger Theater at Lehman College.

Saturday, January 12th @ 7:30 PM

Sunday, January 13th @ 2:30 PM

Friday, January 18th @ 7:30 PM

Saturday, January 19th @ 2:30 PM

DC 37 AFSCME Local 372 Endorses Michael Blake for Public Advocate

New York City’s Largest Public Employees Union Supports Vision for Jobs and Justice

On Thursday, the Blake for New York campaign announced that DC 37 AFSCME Local 372 endorsed Michael Blake for Public Advocate.

“Michael Blake has spent his entire career delivering real change for working families. From his time in the White House to his tenure in the State Assembly, Michael has stood shoulder to shoulder with Local 372 as we fight for improved working conditions in our schools, better wages and benefits. Furthermore, his support for sufficient staffing is exactly what Department of Education employees need in their next Public Advocate.”

“New Yorkers deserve a leader who will deliver, and that’s why Local 372 is proud to endorse Michael Blake as the obvious choice to be the next New York City Public Advocate.” - Shaun Francois, President, Local 372

“I am honored to receive the endorsement of Local 372 of DC37. As we continue to share our vision of #JobsAndJustice with New Yorkers across our great city, it sends a validating message to have the endorsement of Local 372. From school lunch aides to family associates, Local 372 understands firsthand the everyday experiences facing students, families and educators. Thank you to Shaun Francois and all the members of Local 372 for your support. ”

NYPD Statistics Show Big Increase in Murder and Rape in the Bronx For Year Ending 2018 Over 2017

  The Year end 2018 NYPD Comp Stat report shows a Twenty-Five percent increase in Murder, and an over Fourteen percent increase in Rape over 2017 in the Bronx. A breakdown of the twelve Bronx police precinct shows only the 46th and 47th Precincts had a decrease in both the Murder and Rape statistics for 2018 when compared to 2017. 

  When confronted by this reporter at a media press conference Tuesday after the announcement of the New York Care Program was announced Mayor Bill de Blasio asked if I had cross checked my figures, that all New Yorkers including residents of the Bronx believe that the city is the safest it has ever been, that I should check my figures with the NYPD, and that if more resources are needed in the Bronx they will be assigned. 

  I will take the mayor up on his offer, and request a meeting with the Police Commissioner, or whomever he decides to meet with me to go over the Comp Stat Murder and Rape rates per precinct in the Bronx. I will also bring my knowledge of past staffing levels, and current staffing levels as I mentioned to the mayor about one specific precinct, that being the 50th Precinct. 

By Bronx Police Precincts 

From the NYPD Comp Stat report year ending 12/30/2018 

Compared to year ending 12/31/2017.

40th Precinct     Murder - Increased 133.3 percent.

                           Rape  -  Decreased  17,8 percent.

41st Precinct     Murder - Increased 33.3 percent.

                           Rape  -  Increased 95.2 percent.

42nd Precinct    Murder - Same as 2017.

                            Rape  -  Same as 2017.

43rd Precinct    Murder - Increased 30 percent.

                           Rape  -  Increased 30 percent.

44th Precinct    Murder - Increased 22.2 percent.

                           Rape  -  Increased 37.5 percent.

45th Precinct    Murder - Decreased 100 percent

There were zero murders in this precinct for 2018.

                           Rape  -  Increased 30 percent.

46th Precinct   Murder -  Decreased 10 percent.

                           Rape  -  Decreased  28.2 percent.

47th Precinct   Murder -  Decreased 37.5 percent.

                           Rape  -  Decreased 8.3 percent.

48th Precinct   Murder -  Increased 37.5 percent.

                           Rape  -  Increased  7.4 percent.

49th Precinct   Murder -  Increased 133.3 percent.

                           Rape  -  Increased 92,3 percent.

50th Precinct   Murder - Increased 133.3 percent.

                           Rape  - Increased 87.5 percent.

52nd Precinct  Murder - Increased 250 percent.

                           Rape  - Increased 15.4 percent.

The above percentages come from the NYPD Comp Stat Report comparing the year ending 2018 to the year ending 2017. 

Congressman Eliot Engel Co-Sponsors H.R. 8 the “Bipartisan Background Checks Act of 2019”

  Congressman Eliot Engel, a member of the House Gun Violence Prevention Task Force, today co-sponsored H.R. 8, the “Bipartisan Background Checks Act of 2019.” The legislation, introduced with bipartisan support, requires background checks on every gun sale or transfer, with a few carefully defined exceptions. It also requires unlicensed gun sellers to sell or transfer firearms only through licensed dealers.

“The days of the GOP blocking any and all commonsense gun violence prevention bills in the House are over,” Engel said. “Gun violence is an epidemic in this country, but due to past Republican Leaders’ obstinance, we have not been able to pass any meaningful bills to curb the problem. H.R. 8 is a much needed course correction that will finally expand desperately needed background checks for nearly everyfirearm sale. This bill serves as a powerful rebuke of the NRA and sets the tone for the Democratic caucus during the 116^th Congress. It’s time to finally pass legislation that will help keep people safe from gun violence.

“I’m glad we can now have our voices heard on guns without having to resort to things like sit-in protests on the House floor.”

REP. ADRIANO ESPAILLAT VOTES TO DEFEND AMERICANS’ HEALTH CARE AND PROTECT PEOPLE WITH PRE-EXISTING CONDITIONS

   Today, Rep. Adriano Espaillat joined House Democrats to take action to protect New Yorkers’ health care by passing a resolution that strengthens Congress’s hand to intervene against the Republicans’ monstrous Texas v. U.S. lawsuit, which seeks to strike down the entirety of the Affordable Care Act and its life-saving protections against discrimination of 8.4 million New Yorkers with pre-existing conditions.  This resolution affirms the House Counsel’s authorization to intervene as a party in the lawsuit, asserting the House of Representatives’ authority to defend laws it has passed and enacted into law.

“The American people elected a Democratic Congress that would protect their quality, affordable health care, and put an end to Republicans vindictive and irresponsible attacks on their health care and livelihoods,” said Rep. Adriano Espaillat . “I am proud to stand with my colleagues and the American people to deliver that promise and give the Congress the tools it needs to defend the health care of hard-working New York residents and families.  Democrats won’t stand by idly in the face of this lawsuit and the GOP’s cruel campaign to dismantle health care in our communities.”

In December, a federal district court judge in Texas ruled in favor of Republican Attorneys General, issuing a decision that would strike down the entirety of the Affordable Care Act, including:

•  Protections for people with pre-existing conditions;

•  The ban on lifetime and annual limits on health coverage;

•  The Medicaid expansion covering 15 million Americans;

•  Health insurance affordability tax credits assisting 9 million Americans;

•  Bans on discriminatory insurance practices that would unfairly force women to pay more for coverage;

•  Young adults’ ability to remain on their parents’ insurance until age 26, and more.

“Our Democratic Congress is For The People, and we have wasted no time getting to work to protect families’ health care and financial security,” he continued.  “A Democratic Majority means an end to the GOP attacks on health care, and a fresh focus on lowering health costs and the price of prescription drugs, protecting people with pre-existing conditions against coverage discrimination and harmful underwriting, and preserving Medicare, Medicaid and Social Security.  In stark contrast to the Republicans, we are delivering results for hard-working families and workers in New York and in communities across America.”

Attorney General James Announces State Prison Sentence Of Former Owner Of Brooklyn Medical Supply Company In Million Dollar Medicaid Fraud Scheme

   Attorney General Letitia James today announced the state prison sentence of Kester Atumonyogo, 49, of Baldwin, New York, for defrauding the State Medicaid program of over one million dollars.  Today, the Honorable Danny Chun of Brooklyn Supreme Court sentenced the defendant to one-and-one-third to four years following the defendant’s September 5th guilty plea to Health Care Fraud in the First Degree, a class B felony; Grand Larceny in the Second Degree, a class C felony; and Welfare Fraud in the Third Degree, a class D felony. 

“It is unconscionable that an individual would use a Medicaid fraud scheme as a means to exploit children with disabilities and their families for their own personal gain,” said Attorney General Letitia James. “My office will continue to hold fraudsters accountable for stealing from the Medicaid program and anyone else who tries to take advantage of our State's vulnerable families. This behavior will never be tolerated.”

The defendant’s conviction and sentence concludes the second half of a long-term investigation by the Attorney General’s Medicaid Fraud Control Unit (“MFCU”) into fraudulent durable medical equipment providers in Brooklyn, New York.  In pleading guilty, the defendant admitted to stealing over one million dollars from Medicaid and from HealthFirst, a Medicaid funded Managed Care Organization, by filing false claims alleging to have dispensed a highly specialized -- and expensive -- enteral nutritional formula to Medicaid recipients, when in reality he only dispensed PediaSure and other inexpensive over-the-counter nutritional supplements.  This type of scheme is often referred to as “up-coding.” The defendant further admitted to having illegally obtained a social security number and using that number to illegally apply for and receive welfare benefits.

In the first half of the investigation, MFCU prosecuted five individuals and three corporations for defrauding Medicaid based on a similar upcoding scheme that falsely billed for dispensing inexpensive over-the-counter nutritional supplements as if they were highly specialized and expensive enteral formula. That investigation resulted in the conviction of four individuals by guilty plea -- Keva Johnson, Yolane Fouche, Nkem Ude and Erter Brown, the conviction of three corporations -- First Billing Options, Inc., One Source Medical Supply, Inc., and Y Love Jewelry, Inc., and the conviction by jury trial of Humphrey Ude.  Ude was convicted of Grand Larceny in the First Degree and other crimes and was sentenced to 7 to 21 years in state prison.  Through a parallel asset forfeiture civil action, MFCU also obtained several high end vehicles that were purchased by defendants with stolen Medicaid funds:  a 2012 Audi A7 sedan, a 2013 Mercedes Benz Model G63, a 2021 Porsche Cayenne, a 2007 Lamborghini and a 2008 Toyota Tundra.  All of the vehicles were subsequently sold at auction and the proceeds returned to the State Medicaid program as restitution.

The Attorney General would like to thank the New York State Department of Health, the New York State Office of the Medicaid Inspector General, the New York City Department of Human Resources, the Office of the Inspector General of the Social Security Administration, and the New York State Department of Motor Vehicles for assistance during the investigation. The Attorney General, in particular, would like to acknowledge the cooperation and assistance provided by HealthFirst throughout the investigation.

Attorney General James Announces $1.5M Settlement With Retailer Neiman Marcus Over Data Breach

  Attorney General Letitia James announced that the Neiman Marcus Group LLC has agreed to pay $1.5 million and implement a number of data security policies to resolve an investigation with 43 states and the District of Columbia into the 2013 breach of customer payment card data at 77 Neiman Marcus retail stores in the United States.

In January 2014, Neiman Marcus disclosed that payment card data collected at several of its retail stores had been compromised by an unknown third party. The states' investigation determined that approximately 370,000 payment cards – roughly 27,600 of which were associated with New York consumers – were compromised in the breach, which took place over the course of several months in 2013. At least 9,200 of the payment cards compromised in the breach were used fraudulently.

“New Yorkers deserve to shop with confidence, which includes trusting that their personal information will be protected,” said Attorney General Letitia James. “With the monetary settlement and the implementation of several new data security policies, this marks a significant win for those who shop in New York. This office will continue its commitment to combat inadequate data security in the state of New York.”

In addition to the monetary settlement, Neiman Marcus has agreed to a number of injunctive provisions aimed at preventing similar breaches in the future, including:

• Complying with Payment Card Industry Data Security Standard (PCI DSS) requirements;
• Maintaining an appropriate system to collect and monitor its network activity, and ensuring logs are regularly reviewed and monitored;
• Maintaining working agreements with two, separate, qualified Payment Card Industry forensic investigators;
• Updating all software associated with maintaining and safeguarding personal information, and creating written plans for replacement or maintenance of software that is reaching its end-of-life or end-of-support date;
• Implementing appropriate steps to review industry-accepted payment security technologies relevant to the company's business; and
• Devaluing payment card information, using technologies like encryption and tokenization, to obfuscate payment card data.

Under the settlement, Neiman Marcus is also required to retain a third-party professional to conduct an information security assessment and report, and to detail any corrective actions that the company may have taken or plans to take as a result of the third-party report.

New York’s share of the settlement payment is $58,611.60.