Nos Quedamos' PHOENIX - February 2019

2019 has taken off like a Phoenix! And we're not just saying that because it's the name of our newsletter, as well as the back story of our community, but because we're so pumped about all the great things that are lining up as a result of the work we put in during 2018. This edition is intended as a brief overview to our community, its stakeholders, and partners. Here are a few projects, events, and initiatives we're excited about (there is also some history within): MELROSE BROADBAND INITIATIVE This past year, Nos Quedamos, in partnership with Neture, was awarded two Downtown Revitalization Initiative (DRI) grants as part of Governor Andrew M. Cuomo's 'Bronx Civic Center' initiative, a $10 million state investment to revitalize portions of the South Bronx. One grant is for a broadband demonstration project that will provide free, although limited, internet access for the residents of El Jardín. The second DRI project anticipates working with three regional community gardens to install a set of photo-voltaic panels to provide each garden with power for lighting, utility needs, and Wi Fi access. These two projects represent Nos Quedamos' ongoing expansion of its community grounded mission. We will keep the community and our partners informed and engaged as we move forward. Read project summaries.

YOLANDA GARCIA MEMORIAL PARK (PENDING)

The modern history of Melrose Commons is one of tenacity and steadfast determination over adversity, and no other person's contributions have had more of an impact in the region than Nos Quedamos' founder, Yolanda García (1961-2005), including spearheading the legendary Melrose Urban Renewal Plan that helped transformed Melrose into a livable and sustainable community.  Now 25-years later, the NYC Department of Parks (Bronx) is finalizing its capital construction of Melrose Commons Park on the site that García always envisioned as a central public green hub in the heart of Melrose (see inset). In honor of her examples as a roll model and selfless advocate of the South Bronx, we are working to have the park (projected to be completed by September 2019) re-dedicated as the 'Yolanda García Memorial Park.'

Unsurprisingly, support for the renaming has been unanimously positive. But we want this to be a community-led victory and are asking for Letters of Support (LOS) from the extended Bronx community as a tribute to García's organizing legacy. Join us in putting an exclamation (!) on her life's work. Send your LOS to Edwin Pagán at epagan@nosquedamos.org

 

Read the impactful support letter from BBP Rubén Díaz Jr. (as an inspiring reference)

WE ARE MELROSE STREET FESTIVAL (SAVE THE DATE)

Nos Quedamos is busy working on the 3rd annual WE ARE MELROSE Street Festival that celebrates the vast diversity and broad cultures that makes up the community. Our 2019 celebration will take place on Saturday, July 20, 2019 from 12-6PM (rain date: Sunday, July 21, 2019). Please add the date to your calendars and let's make it a day of sharing and mutual community building, including cultural programming, environmental and health demonstrations, and child appropriate game-play and other family-friendly activities. For sponsorship opportunities contact at Ana Melendez.

Keep an eye out as we reveal this year's event theme and key-art on April 22, 2019 (Earth Day). Stay tuned. ;)

MELROSE COMMONS PARK DEVELOPMENT INPUT

Nos Quedamos and Asociasión Huerto Y Cultura (Harvest & Culture Association) will be hosting the NYC Parks Department (Bronx) for a community input session on the future of the pending Melrose Commons Park on Wednesday, February 20, 2019 from 6:30-7:30pm. This is an important phase in the park's development and your chance to inform the process at its earliest stage. Bring your vision.
Download the flier here.

COMMUNITY SOUP KITCHEN & COAT DISTRIBUTION DAY

The Bronx County Chapter of the National Latino Peace Officers Association (NLPAO) and 40th Precinct Community Council will be hosting a Soup Kitchen and Distribution day on February 23, 2017 from 11am-3pm at the Church of St. Anselm and St. Roch, located at 685 Tinton Avenue, Bronx. Among the items being provided to the extended community are canned foods, blankets, and coats (for people and pets!). Download the flier.

We Stay / Nos Quedamos

754 Melrose Avenue 

Bronx, NY 10451

The Bronx Democratic Party - Annual Winter Reception

Please Join The Bronx Democratic Party and Chairman Marcos A. Crespo for our annual Winter Reception on Thursday, February 28th from 6 PM - 9 PM.

Bronx Borough President Ruben Diaz Jr. - Dominican Heritage Month Celebration 2019

Bronx Borough President Ruben Diaz Jr. Invites you to celebrate Dominican Heritage Month Beverly Hills Manor 1700 Jerome Avenue The Bronx Thursday, February 28, 2019 6:00 P.M. Come out and enjoy the evening with live music, food and refreshments. Doors to open at 5:30 PM  For more information or to confirm your attendance call 718-590-3989 or email smalave@bronxbp.nyc.gov

Bronxnet Public Advocate Debate

  Of the seventeen candidates running in the special election for NYC Public Advocate only ten came to Lehman College Friday night, for a televised debate on Bronxnet Television. They were Assemblyman Ron Kim, Journalist Nomiki Konst, Councilman Ydanis Rodriguez, Assemblyman Michael Blake, Attorney Jared Rich, Councilman Rafael Espinal, Activist Benjamin Yee, Attorney Dawn Smalls, Activist Anthony Herbert, and Activist David Eisenbach.

  Missing from this debate were seven other candidates Councilman Jumaane Williams, former City Council Speaker Melissa Mark-Viverito, Councilman Eric Ulrich, Assemblyman Daniel O'Donnell, Attorney Manny Alicandro, Teacher Helal Sheikh, and Assemblywoman Latrice Walker who has ended her campaign, but remains on the ballot. 

 The debate started off going off topic on the questions, and even at points became a shouting match as candidates tried to show each other up. That resulted in responses and counter responses with other candidates speaking out, resulting in host Gary Axelbank having to regain control of the debate at times.   

 Key questions included Councilman Ruben Diaz Sr.'s support of candidate Ydanis Rodriguez, which when questioned he said that the For Hire Committee Diaz Sr. had chaired did good work for the taxi industry which is in trouble now. Other candidates chastised Councilman Diaz Sr. going as far as saying he should resign. Assemblyman Michael Blake was asked about the one thousand dollar contribution he gave to Councilman Diaz's campaign. Blake replied that he asked for the money to be returned when the LBGT community asked him to, but he was called out for that by others. 

 The topic of rezoning came up as in the Bronx part of the Jerome Avenue area is being rezoned. Assemblyman Blake said that rezoning results in gentrification. This led to candidate Konst going after Councilman Espinal for the rezoning going on in his district. Espinal replied that it is easy for someone who has not stepped foot in my district to criticize the rezoning. and that led to other candidates jumping in with comments.

 The subject of Amazon came up to which Councilman Espinal chastised Assemblyman Blake for signing the letter to bring Amazon to Queens. this led to a varied back and forth with other candidates jumping in also. 

 Candidate Dawn Smalls got into a discussion with other candidates as to what legal powers the Public Advocate had on NYCHA,  saying that one candidate was wrong by mentioning that they would sue NYCHA. She said that being an attorney who has handled problems at NYCHA the Public Advocate can not sue NYCHA, and that was the reason for a federal monitor on NYCHA.

 Overall this was a good debate, but few of the ten candidates could come up with good sound reasoning as to why voters should vote for them. The winner of this debate to me was candidate Dawn Smalls who had the knowledge of the subject matter asked giving the most informative answers without going off topic. The losers were the seven candidates who did not show. 

Above - (L - R) Host Gary Axelbank at the podium, Assemblyman Ron Kim, Journalist Nomiki Konst, Councilman Ydanis Rodriguez, Michael Blake's seat (he arrived after the debate started), and Attorney Jared Rich.

Below - (L - R) Councilman Rafael Espinal, Activist Benjamin Yee, Attorney Dawn Smalls, Activist Anthony Herbert, and Activist David Eisenbach.

Manhattan Doctor Pleads Guilty To Accepting Bribes And Kickbacks From Pharmaceutical Company In Exchange For Prescribing Fentanyl Drug

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that ALEXANDRU BURDUCEA, a doctor who practiced in Manhattan, pled guilty today to conspiracy to violate the Anti-Kickback Statute in connection with a scheme to prescribe Subsys, a potent fentanyl-based spray, in exchange for bribes and kickbacks from Subsys’s manufacturer, Insys Therapeutics (“Insys”).  BURDUCEA pled guilty before U.S. Magistrate Judge Kevin Nathaniel Fox.  The case is assigned to U.S. District Judge Kimba M. Wood.

U.S. Attorney Geoffrey S. Berman said:  “As he admitted today, Alexandru Burducea, a prominent Manhattan pain management doctor, accepted tens of thousands of dollars in speaker fees from Insys in exchange for prescribing large volumes of Insys’s powerful fentanyl-based spray, Subsys.  The corrupting influence of money has no place in medicine, especially when it comes to prescribing fentanyl and other dangerous opioids.  Like many other doctors around the country, Dr. Burducea is now being held to account for his participation in this corrupt kickback scheme.”           

According to the allegations contained in the Indictment against BURDUCEA and filings in related proceedings:

The Insys Speakers Bureau 

Subsys, which is manufactured by Insys, is a powerful painkiller approximately 50 to 100 times more potent than morphine.  The U.S. Food and Drug Administration (“FDA”) approved Subsys only for the management of breakthrough pain in cancer patients.  Prescriptions of Subsys typically cost thousands of dollars each month, and Medicare and Medicaid, as well as commercial insurers, reimbursed prescriptions written by BURDUCEA.

In or about August 2012, Insys launched a “Speakers Bureau,” a roster of doctors who would conduct programs (“Speaker Programs”) purportedly aimed at educating other medical practitioners about Subsys.  In reality, Insys used its Speakers Bureau to induce the doctors who served as speakers to prescribe large volumes of Subsys by paying them Speaker Program fees.  Speakers were supposed to conduct an educational slide presentation for other health care practitioners at each Speaker Program.  In reality, many of the Speaker Programs were predominantly social affairs where no educational presentation about Subsys occurred.  Attendance sign-in sheets for the Speaker Programs were frequently forged by adding the names and signatures of medical practitioners who were not present.

BURDUCEA’s Participation in the Scheme

BURDUCEA, a doctor certified in pain management and anesthesiology, was an Assistant Professor of Anesthesiology at a large Manhattan hospital.  BURDUCEA also practiced at an anesthesiology and pain management office associated with the hospital.  From in or about September 2014 until in or about June 2015, BURDUCEA received approximately $68,400 in Speaker Program fees from Insys in exchange for prescribing large volumes of Subsys.  In addition, Insys hired BURDUCEA’s then-girlfriend, now wife, to work as BURDUCEA’s sales representative, and the company paid her large commissions based on the volume of Subsys prescribed by her assigned doctors, including BURDUCEA. 

BURDUCEA, who had never prescribed Subsys before in or about September 2014, became approximately the 14th-highest prescriber of Subsys nationally in the second quarter of 2015, accounting for total net sales of the drug of approximately $621,345 in that quarter.

BURDUCEA, 42, of Little Neck, New York, pled guilty to one count of conspiracy to violate the Anti-Kickback Statute, which carries a maximum sentence of five years in prison.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  BURDUCEA is scheduled to be sentenced by Judge Wood on May 22, 2019, at 11:00 a.m.

Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation and thanked the U.S. Department of Health and Human Services Office of Inspector General for its assistance in the investigation.

Physical Therapist And Acupuncturist Sentenced In Manhattan Federal Court For Their Roles In Million Dollar Scheme To Defraud Medicare And Medicaid

Geoffrey S.  Berman, the United States Attorney for the Southern District of New York, announced that ASHRAF HASAN-HAFEZ and ILYA KOGAN were sentenced yesterday to 45 and 50 months, respectively, in prison for their participation in a scheme to defraud the Medicare and Medicaid programs.  HASAN-HAFEZ, the owner of a physical therapy practice in Brooklyn, and KOGAN, the owner of an acupuncture company in Brooklyn, received approximately $1.3 million from Medicare and the New York State Medicaid Program after falsely submitting bills for services that were not provided as billed, or which were rendered by unlicensed and unsupervised individuals.  In a separate scheme, KOGAN also obtained nearly $300,000 from no-fault insurance companies based on billing by fraudulently incorporated acupuncture companies.  HASAN-HAFEZ and KOGAN were sentenced yesterday by United States District Judge Robert W. Sweet. 

According to the Indictment filed in Manhattan federal court, as well as previous court filings and statements made in public court proceedings:

Between at least January 2010 and August 2013, HASAN-HAFEZ was the owner of a physical therapy practice which operated out of a basement on East 18th Street in Brooklyn, New York.  HASAN-HAFEZ employed individuals who provided physical therapy services to patients, and was involved in the clinic’s management and billing.  KOGAN was the owner of an acupuncture company which operated its practice out of the same location on East 18th Street.

HASAN-HAFEZ and KOGAN committed fraud against Medicare and Medicaid by pressuring employees to add services to the bills that were submitted to these entities so that Medicare and Medicaid were billed for physical therapy services that were never in fact provided; billed for reimbursable physical therapy services even though only unreimbursable acupuncture had been provided; and billed for physical therapy services provided by unlicensed practitioners.    When the employees resisted KOGAN’s directions to create such fraudulent billing, HASAN-HAFEZ directed the employees to follow KOGAN’s instructions.  HASAN-HAFEZ had leverage over these employees because he sponsored their employment in the United States and they were therefore dependent on him for continued employment—and legal status—in the United States. 

In total, Medicare and Medicaid suffered actual losses of $1,297,000 as a result of this fraudulent scheme. 

In addition, KOGAN participated in a separate scheme to defraud no-fault insurance companies.  No-fault insurance provides benefits to individuals injured in motor vehicle accidents under certain conditions.  Between approximately March 2014 and June 2016, KOGAN controlled two acupuncture businesses that had been set up, at his request, under the name of another acupuncturist (“Individual-1”).  KOGAN coached Individual-1 how to lie under oath about KOGAN’s involvement in the businesses when Individual-1 was questioned by representatives of a no-fault insurer.  KOGAN had previously entered into settlement agreements with two of the largest no-fault insurance providers to resolve certain claims against him.  Pursuant to one of the settlement agreements, KOGAN agreed not to submit any future billing—under his name, or under the name of any entity in which he had direct or indirect ownership or control—without giving advance notice to the insurer. 

A total of $293,851 was paid to two no-fault insurers for services performed by Individual-1’s companies.  Had the insurers known the truth—that the acupuncture clinics were in fact controlled by KOGAN despite being registered in Individual-1’s name—they would not have paid the claims due to the fraudulent incorporation of the companies. 

ASHRAF HASAN-HAFEZ, 47, of Brooklyn, New York, pled guilty to health care fraud and conspiracy to commit health care fraud on March 16, 2018.  ILYA KOGAN, 44, of Watchung, New Jersey, pled guilty to health care fraud and conspiracy to commit health care fraud on March 16, 2018, and pled guilty to conspiracy to commit mail fraud on June 25, 2018.  In addition to the prison terms, Judge Sweet ordered HASAN-HAFEZ and KOGAN to forfeit $1,297,000 and pay restitution of $1,297,000 to Medicare and Medicaid.  KOGAN was also ordered to forfeit $293,851 and pay restitution of $293,851 to victims of the no-fault insurance fraud scheme. 

Mr. Berman praised the outstanding investigative efforts of FBI and HHS-OIG.

BRONX MAN INDICTED FOR RAPING 12-YEAR-OLD GIRL IN MOTEL

Defendant Allegedly Lured Victim into His Car by Falsely Claiming He Was a Cop

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for sexually abusing a 12-year-old girl in a motel in the Bronx. 

 District Attorney Clark said, “The defendant allegedly told the young girl he was a cop in order to lure her into his car. He then took her to a motel where he sexually assaulted her. We will pursue justice for the victim, who has been profoundly traumatized by the sexual attack.” 

 District Attorney Clark said the defendant, Carlos Medina, 51, of 620 Reiss Place, was arraigned today on four counts of Predatory Sexual Assault Against a Child, first-degree and second-degree Rape, three counts of first-degree Criminal Sexual Act, three counts of second degree Criminal Sexual Act, first-degree Sexual Abuse, four counts of Sexual Misconduct, Endangering the Welfare of a Child and second-degree Criminal Impersonation before Bronx Supreme Court Justice George Villegas. He is due back in court on May 13, 2019. 

 According to the investigation, on January 4, 2019, near 1141 Elder Avenue, the defendant allegedly came across the victim, who was alone and had just arrived from Connecticut, and told her he was a cop and that he could help her. Medina then took the girl to a motel located at 2815 Westchester Avenue, where he engaged in a series of sexual acts with the child. After spending several hours in the motel, the defendant took the victim to his home and she was later dropped off at 1141 Elder Avenue, where 911 was called. The young girl was taken to a Bronx hospital and a Sexual Offense Evidence Collection Kit was taken.

 District Attorney Clark thanked Detective Timothy Hoffman of the NYPD Child Abuse Squad for his assistance in the investigation. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt

BRONX MAN SENTENCED TO 10 YEARS IN PRISON FOR STABBING WIFE

Amber Alert Was Activated After Defendant Fled Scene with 3-Year-Old Daughter 

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to ten years in prison after pleading guilty to Attempted Murder and additional charges for stabbing his wife multiple times. 

 District Attorney Clark said, “The defendant viciously stabbed his wife, cutting her throat approximately 12 times, and then ran off with their 3-year-old daughter. Thanks to quick action from first responders and doctors, the victim miraculously survived.” 

 District Attorney Clark said the defendant, Diomedes Valenzuela, 50, of 2974 Perry Avenue, was sentenced today by Bronx Supreme Court Justice Ethan Greenberg to 10 years in prison and five years post-release supervision for Attempted Murder and for first-degree Assault, seven years in prison and five years post-release supervision for each of two second-degree Assault charges, and one year for each charge of Endangering the Welfare of a Child, third-degree Assault and Custodial Interference. All sentences are to be served concurrently. The judge also issued a full final order of protection. 

 According to the investigation, in the afternoon of December 1, 2015 at 2974 Perry Avenue, the defendant stabbed his then-wife, Yudeljy Cruz, 31, in the neck and arms. Valenzuela, who is a former New Jersey cop and MTA employee, then fled the scene with their daughter. Authorities issued an amber alert and the defendant and the child were found about two hours later in New Jersey.

 District Attorney Clark thanked Amy Litwin, Counsel to the Special Victims Division, for her assistance in the case. District Attorney Clark also thanked NYPD Detective Nigel Peart of the 52nd Precinct Squad and Detective Nicholas Ciuffi, of Bronx Homicide, for their assistance in the investigation. District Attorney Clark also thanked police officers and other first responders for their quick actions in helping to save the victim’s life.