Wednesday, May 1, 2019

ENGEL on Climate Action Now Act


  Representative Eliot L. Engel, Chairman of the House Committee on Foreign Affairs, today delivered the following remarks on the House floor in support of H.R.9, the Climate Action Now Act:

“I shouldn’t need to persuade anyone in this chamber that we desperately need to take serious action on climate change. Just look at the news. We are already seeing the consequences of our inaction—natural disasters, famine, instability, human suffering. The time for action to avoid the worst effects of climate change is rapidly closing. We must demonstrate to the rest of the world and to future generations that we’re still committed to taking on this fight.

“Climate change is a national security threat that transcends borders and requires international coordination. That’s why it’s so critical that we work shoulder-to-shoulder with our friends and partners around the world.  The negotiation of the Paris Agreement was a defining moment for the future of our planet.  For the first time, the countries of the world came together to face this global crisis. 

“At challenging times like these, the international community usually looks to the United States for leadership. So when President Trump announced his intention to withdraw from this landmark agreement, it sent an unmistakable message that America is on the retreat. It is really just shameful. 

“Every nation in the world has now signed on to the Paris Agreement. If we withdraw, we will be the only country unwilling to step up to this challenge.

“We can—we must—do better.

“The Climate Action Now Act keeps the United States in the Paris Climate Accord, renewing our country’s pledge to address climate change head-on.

“The Paris Agreement allows every country to determine its own pollution-reduction targets, and to develop a public plan for how to meet those targets. This bill follows that same model – it gives the executive branch total flexibility to decide what approach we need to follow and what kind of technology we need to use to reach our national targets.

“H.R. 9 gives us all an opportunity to show Americans that we hear them, that we take their concerns seriously, and that we are addressing this danger that is hurting their health and safety.

“It’s time for Congress to put our country back on the right path to address the climate change crisis facing the world.”

PUBLIC ADVOCATE JUMAANE D. WILLIAMS STATEMENT ON THE NYC COUNCIL'S SCHOOL SEGREGATION HEARING


" 
As we approach the 65th anniversary of 
 
Brown v. Board of Education  
being decided, it is all the more clear and disturbing that students in New York City don't need to read about segregation in their history books, they are living it in their classrooms. Our schools have always been segregated and we've never fully realized the goals set out in Brown v. Board of Education. Even though legal segregation has long been unconstitutional, far too many of our schools remain separate and unequal; underfunded and devalued. We still fail to properly resource our schools, starting from the federal government on down to the city. I'm a public school baby, and I'm proud of that fact and the education I got. I'm also a specialized high school alumni. But despite that pride and because of that history, I know that our system, and our students, are in desperate need of reform.


The conversation about diversity in education has long been focused on the Specialized High School Admissions Test. This presents the false impression, the false narrative, that segregation begins and ends in our specialized high schools- nothing could be further from the truth. This segregation is pervasive throughout our entire system, including at the elite multiple-criteria schools which already exist. We need to discuss these schools, yes, but not without the context of the rest of the system- where segregated middle and elementary schools cement a system that impedes advancement and substandard schools citywide drive the cutthroat process of high school admissions which only deepens division. Educational segregation goes beyond eight schools, or one test, and we need to recognize that the failures of our system on race also speak to economic, geographic, and cultural division and disenfranchisement. It also highlights a lack of funding in some areas, for some students. We need to ensure, it is the mandate of our government, that every student in New York City can get a quality education regardless of zip code or family income.

The legislation that I move forward today would codify the mayoral school diversity advisory group. This group would consist of the Mayor, Speaker, DOE educators, students, experts in culturally responsible education, parents of students from all five boroughs, and representatives of community based organizations. That group would be charged with conducting public hearings, considering public testimony, and reporting annually on integration efforts in our city and how to move forward. Among the metrics considered would be setting racial & socio-economic diversity goals and how best to track progress, how DOE can support diversification, professional development of DOE employees, how the DOE can better change funding formulas to better address inequality, accessibility/integration of students with disabilities, pedagogy and curriculum, school climate,  restorative justice and practices, and parent/teacher empowerment. The Department of Education would then report on their implementation or failure to implement those recommendations.

This legislation is just one of many steps we can take- some of which are the purview of and will be discussed in today's hearing, and others which will not. I implore my colleagues in government, city and state, to hear from and truly listen to all voices- from administrators and teachers to parents and students. I further ask that parents and other individuals who consider themselves progressive to be mindful of their reactions to the realities of segregation, and to have a willingness not just to recognize the problems, but to acknowledge some of the necessary steps toward correcting them. This issue is not about special interests, but students' interests- and confronting the inherent segregation in our system is vital to our students' future."

Senator Jamaal T. Bailey hosts 2nd Annual Autism Awareness Walk


 

  There may have been rain coming down Sunday, but a few rain drops couldn't damper State Senator Jamaal Bailey's Autism Awareness walk. Senator Bailey was joined by Councilman Andy King and about one-hundred others as they marched from Haffen Park across Hammersley Avenue, around to Eastchester Road, and back to Haffen Park. 

  Upon returning to Haffen Park everyone settled in to hear Senator Bailey thank everyone who participated, recognized several individuals with certificates, and then there was plenty of good food for all. There were many tables set up with various information and activities for people to partake in.


Above - The Senator Bailey and Councilman King parade as it passes stores on Eastchester Road.
Below - Tents were set up to cover the information tables lined up in front of the stage.




Senator Bailey with the recipients of his citations for their work in the field of Autism.

DE BLASIO ADMINISTRATION ANNOUNCES ALCOHOL ADVERTISING BAN ON CITY PROPERTY


  Mayor Bill de Blasio announced an Executive Order banning all alcohol advertising on City property. Under the order, alcohol advertisements will be banned from City property, including bus shelters, newsstands, phone booths, Wi-Fi LinkNYC kiosks and recycling kiosks. The order will take effect immediately, meaning any future contracts or contract renewals must exclude alcohol from the advertisements. Existing ads in these spaces will be allowed to remain until their contract terms end. In addition, venues currently permitted to sell alcohol, such as restaurants, stadiums, and concerts halls, are exempt from the ban.

“There’s no doubt that far too many New Yorkers struggle with serious substance misuse issues, among them excessive drinking,” saidMayor de Blasio. “This order banning alcohol ads from City property reaffirms our commitment to health equity and our stand to protect the well-being of all New Yorkers.”

“Too many people in our city struggle with excessive drinking, and irresponsible advertisements for alcohol make the problem worse – especially when they target communities of color,” said First Lady Chirlane McCray. ”Today, New York City is taking a stand to protect the health and well-being of all of our communities.”

“Alcohol advertisements can influence how much alcohol people drink and how young they are when they start,” said Deputy Mayor for Health and Human Services Dr. Herminia Palacio. “This Executive Order closes a loophole and reaffirms this administration’s commitment to advancing policies that promote health equity and build healthier communities.” 

“In New York City, we see far too many deaths related to alcohol,” said Health Commissioner Dr. Oxiris Barbot. “We know exposure to alcohol advertising can lead to drinking more alcohol, more often – behavior that can be harmful and even fatal. Today’s ban of alcohol ads on City property will help protect communities from the burden of harmful alcohol advertising.”

High exposure to alcohol advertisements can lead to increased likelihood and quantity of alcohol consumption, particularly among youth. The earlier young people begin drinking, the greater their likelihood of developing alcohol use disorders in adulthood. Studies also find that young people who drink are also more vulnerable to the impact of advertisements than adults, with 15- to 20-year-olds most susceptible.

Earlier this month, the New York City Department of Health and Mental Hygiene launched a media campaign about safer drinking strategies. The video includes several tips for safer drinking: space alcoholic beverages out over time; drink water in between alcoholic beverages; eat food when drinking alcoholic beverages; and take it slow and drink with moderation.  It is available on YouTube and will run as advertisements on various social media platforms.

In 2016, there were over 110,000 alcohol-related emergency department visits in New York City. In the same year, nearly 2,000 New Yorkers died from alcohol-attributable causes, including liver disease, driving fatalities, and alcohol-related cancers, such as liver and esophageal cancers. In 2017, nearly 1 in 5 New Yorkers reported binge drinking on at least one occasion in the past month. East Harlem has the highest rate of alcohol-related hospitalizations, more than five times higher than the rate of the Upper East Side.

To help reduce harmful alcohol use, the Health Department educates health care professionals about the importance of screening and counseling patients about their alcohol use. The Health Department has published lower-risk drinking guidelines and data on alcohol-related injuries to keep New Yorkers informed and safe.

New Yorkers should ask their healthcare provider if any of the medications they take interact with alcohol. The Health Department recommends avoiding alcohol for people who take opioid analgesics (such as Oxycodone or Codeine) or benzodiazepines (such as Xanax, Valium, or Klonopin), as mixing alcohol with these medications increases the risk of overdose.

New Yorkers can find more information about alcohol and their health here. Individuals seeking support or treatment for alcohol use issues for themselves or their loved ones can contact NYC Well by calling 1-888-NYC-WELL, texting “WELL” to 65173, or going to nyc.gov/nycwell. Free, confidential support is available at any hour of the day in over 200 languages.

MAYOR DE BLASIO ANNOUNCES FULL IMPLEMENTATION OF FREE PHONE CALLS FOR PEOPLE IN CUSTODY


Implementation of City Council bill makes New York City first major city to offer free phone calls in City jails

  Mayor Bill de Blasio announced today that the City is now providing free phone calls for people in custody after fully implementing Intro. 741-A two days before the bill takes full effect. The implementation of Intro. 741-A makes New York City the first major city to grant free phone calls for people in custody and follows a recent set of reforms that aims to make jails safer and more humane.

“For too long have people in custody faced barriers to basic aspects of everyday life that can help create more humane jails,” said Mayor Bill de Blasio. “With free phone calls, we’re eliminating one of those barriers and ensuring that people in custody have the opportunity to remain connected to their lawyers, families and support networks that are so crucial to re-entry into one’s community. I want to thank Council Speaker Corey Johnson for his leadership, and the rest of the City Council for passing this common-sense and crucial reform.”

“It’s a fact that incarcerated individuals have a greater chance of rehabilitation when they are in touch with their community. But for too long, our jails charged people for making simple phone calls, which created serious problems for those in our system with limited means. I am proud the City Council passed my legislation last year to require free phone calls in our city’s jails. I thank my City Council colleagues for supporting this common sense measure, and the de Blasio administration for implementing it,” said City Council Speaker Corey Johnson.

“We know that when people in custody are able to remain in frequent contact with family and friends, it helps them plan for the future and reduces their risk of returning to jail,” said Department of Correction Commissioner Cynthia Brann. “The more the lines of communication remain open, the better it is for those in our custody. We thank the Mayor and the City Council for passing this law that will help people maintain bonds with their loved ones.”

Prior to the passage of Intro. 741-A, people in custody were charged 50 cents for the first minute and five cents for additional minutes for telephone calls. Now, the Department of Correction will cover the costs made to friends and loved ones, allowing people to stay connected without having to utilize funding in their commissary account. More than 25,000 calls are made daily from City jails.

People in general population will be able to make calls totaling 21 minutes every three hours to anywhere in the United States, including U.S. territories. The limit on single calls is 15 minutes. An internal digital clock in the phones tracks the duration of calls. Individuals in punitive segregation will be allowed a single, daily call for up to 15 minutes.

People in custody in other restrictive housing follow the same rules as those in general population. The guidelines apply equally to pre-trial and sentenced individuals. The DOC is installing additional phone lines in housing areas across its facilities to sufficiently deal with the anticipated increase of calls.

The DOC was already providing free calls to those in custody on a limited basis with detainees receiving three calls a week and sentenced individuals getting two a week. Calling 311, Legal Aid and confidential informant lines were also free.

The City will continue to partner with the same private contractor, Securus Technologies on this initiative. Family and friends who previously set up an account with Securus will have their money returned to them by Securus upon request. The free calls will be permitted during all lock-out periods and will be allowed at any reasonable time as determined by the Captain responsible for the housing areas if they are emergency in nature.

This reform continues a string of initiatives by the de Blasio administration intended to make our jails safer, more accessible to friends and family and more equitable, starting with eliminating punitive segregation for anyone in custody 21 or younger; expediting the bail process with bail kiosks and bail facilitators; a new Wellness Center where uniform and non-uniform staff can gather to observe their religion, exercise and find support between shifts; the expansion of a groundbreaking program that unites families of incarcerated women; registering nearly 900 incarcerated individuals and jail facility visitors to vote; moving all adolescent offenders off Rikers; and unveiling a plan for borough-based jails to replace facilities on Rikers Island, to name just a few of our ongoing reforms.

Manhattan U.S. Attorney Announces Lawsuit Against Chestnut Petroleum Distributor, Inc., For Violations Of The Resource Conservation And Recovery Act


Suit Alleges Defendants Repeatedly Violated Environmental Regulations

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York (“SDNY”), and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against Chestnut Petroleum Distributor, Inc., and its affiliates CPD Energy Corp., CPD NY Energy Corp., Chestnut Mart of Gardiner, Inc., Chestnut Marts, Inc., Greenburgh Food Mart, Inc., Middletown Food Mart, Inc., and NJ Energy Corp. (collectively, “Defendants”), for violating the Resource Conservation and Recovery Act (“RCRA”) at 20 separate gas stations within the Southern District of New York and adjoining districts. 

U.S. Attorney Geoffrey S. Berman stated:  “As alleged in the complaint, Defendants repeatedly failed to comply with regulations designed to prevent gasoline leaks from threatening public health and the environment.  Today’s lawsuit seeks to hold Defendants accountable for their conduct and ensure that the public is protected in the future.”    
EPA Regional Administrator Peter D. Lopez said:  “Failure to monitor and maintain tanks to prevent leaks can pose a serious safety risk, as the leaking underground tanks can release toxic components that can seep into the soil and the groundwater.  This lawsuit seeks to hold the companies responsible for properly managing their tanks to reduce these risks where these gas stations are located.”                          
Petroleum products such as gasoline contain chemical compounds that pose substantial threats to human health.  Service stations typically store gasoline in underground storage tanks.  When operated conscientiously and monitored closely, underground storage tanks are a safe and effective means to store gasoline.  But when those tanks are not subjected to basic operational safeguards, they can endanger the public and the environment, for example by leaking petroleum into the water supply, discharging toxic vapors into the air, or even triggering fires or explosions.  EPA’s regulations under RCRA are designed to protect the public by requiring underground storage tank operators to reduce the likelihood of leaks, monitor for leaks so they can promptly be addressed, and maintain adequate insurance to conduct corrective action and compensate injured third parties when a leak occurs.
As alleged in the complaint filed in federal district court today, Defendants repeatedly violated RCRA and its related regulations at various times from 2011 to 2014.  These violations included failing to perform release (i.e., leak or spill) detection, and failing to maintain and provide records of release detection monitoring.  In some instances, Defendants failed to secure underground storage tanks that were temporarily closed, and failed to investigate or report suspected releases or unusual operating conditions.  Defendants also failed at times to maintain insurance policies sufficient to take corrective action and compensate third parties for bodily injury and property damage caused by accidental releases arising from the operation of the underground storage tanks. 
The lawsuit seeks injunctive relief and an order imposing civil penalties for Defendants’ violations. 

Arizona Man And Israeli Woman Charged In Connection With Providing Shadow Banking Services To Cryptocurrency Exchanges


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Jonathan D. Larsen, Acting Special Agent in Charge of the New York Office of the Internal Revenue Service, Criminal Investigation Division (“IRS-CI”), announced the arrest today of REGINALD FOWLER on charges of bank fraud and operating an unlicensed money transmitting business.  Bank fraud charges were also unsealed against co-conspirator RAVID YOSEF, who remains at large.  FOWLER and YOSEF, who worked for several related companies that provided fiat-currency banking services to various cryptocurrency exchanges (the “Crypto Companies”), allegedly participated in a conspiracy in which FOWLER made numerous false and misleading statements to banks to open bank accounts that were used to receive deposits from individuals purchasing cryptocurrency, and in which FOWLER and YOSEF falsified electronic wire payment instructions to conceal the true nature of a voluminous cryptocurrency exchange business.  Hundreds of millions of dollars flowed through the Crypto Companies’ accounts from banks located across the globe. FOWLER will be presented today in federal court in Phoenix, Arizona.  The case is assigned to U.S. District Judge Andrew L. Carter Jr.

U.S. Attorney Geoffrey S. Berman said:  “Reginald Fowler and Ravid Yosef allegedly ran a shadow bank that processed hundreds of millions of dollars of unregulated transactions on behalf of numerous cryptocurrency exchanges.  Their organization allegedly skirted the anti-money laundering safeguards required of licensed institutions that ensure the U.S. financial system is not used for criminal purposes, and did so through lies and deceit.  Thanks to the investigative work of the FBI and the IRS-CI, they will be prosecuted for their actions.”
FBI Assistant Director William F. Sweeney Jr. said:  “Lying to banks and skirting the regulations put in place by the banking industry is a violation of federal law, a crime both Fowler and Yosef are charged with today.  Taking it one step further, as alleged, Fowler himself directed the ebb and flow of significant amounts of money to and from these various bank accounts, despite the fact that he was not licensed to do so.  May this be a reminder to all that there are consequences to engaging in fraudulent behavior and risky business practices.”
IRS-CI Acting Special Agent in Charge Jonathan D. Larsen said:  “As this indictment shows, IRS-CI will continue to follow the money, no matter if it's virtual currency, to bring criminals to justice. This should serve as a warning to cyber-criminals who think they can hide behind virtual currency that IRS-CI is fully committed to unraveling these schemes.”
According to the allegations in the Indictment unsealed today[1]:
In or about 2018, REGINALD FOWLER, RAVID YOSEF, and others operated the Crypto Companies, and FOWLER opened and maintained bank accounts at various banks around the world on behalf of the Crypto Companies.  One of the Crypto Companies markets itself as a company that allows clients to deposit and withdraw government-backed, or “fiat,”  currency to numerous crypto exchanges, which are platforms where people can buy and sell cryptocurrency or “virtual currency.”  Users of one particular crypto exchange (“Exchange-1”) deposited government-backed currency into a bank account of the Crypto Companies (“Account-1”) that was opened and maintained by FOWLER at a specific international bank (“Bank-1”). Although Exchange-1 advertised itself as providing required “know your customer” and anti-money laundering verification services in connection with Exchange-1’s platform, this was false with respect to the shadow banking services provided by FOWLER and YOSEF.
As described in the Indictment, FOWLER and YOSEF conspired to, and did, misrepresent the nature of the Crypto Companies’ business and falsely stated to Bank-1 that Account-1 would be used to process real estate investments.  These misrepresentations also appeared on wire transfer instructions sent out from bank accounts opened and maintained by FOWLER and YOSEF, among others, on behalf of the Crypto Companies.  Records from Bank-1 reveal that dozens of individuals from various countries wired millions of dollars into Account-1, and, at the same time, Account-1 also wired millions of dollars to other individuals and companies.  Even though FOWLER was receiving and directing these monetary transactions, neither he nor any of the Crypto Companies were ever licensed as a money transmitting business, as required by federal law.     
FOWLER, 60, of Chandler, Arizona, and YOSEF, 36, of Tel Aviv, Israel, are each charged with one count of bank fraud and one count of conspiracy to commit bank fraud, each of which carries a maximum sentence of 30 years in prison.  FOWLER is also charged with one count of operating an unlicensed money transmitting business and one count of conspiracy to do the same, each of which carries a maximum sentence of five years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of Special Agents from the FBI New York Money Laundering Investigations Squad and Special Agents from the IRS-CI.  
The charges contained in the Indictment 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 Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.

Joseph Meli And James Siniscalchi Charged In Manhattan Federal Court With Securities And Wire Fraud For Participating In A Broadway Ticket Resale Investment Fraud Scheme


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JOSEPH MELI and JAMES SINISCALCHI were charged this morning with securities fraud, wire fraud, and conspiracy to commit securities and wire fraud, stemming from their participation in a fraudulent Broadway ticket investment scheme wherein MELI and SINISCALCHI purported to use investor funds to purchase tickets to Broadway shows for resale on the secondary market, but instead appropriated investment funds for their personal use.

SINISCALCHI was arrested this morning and is expected to be presented today in Magistrate Court before the Hon. Kevin N. Fox.  MELI is presently incarcerated following his conviction in a prior federal case and will be presented when he arrives in the District.
U.S. Attorney Geoffrey S. Berman said:  “As alleged, Joseph Meli and James Siniscalchi engaged in a scheme to defraud investors by lying about purported access to blocks of Broadway tickets.  As alleged, the acting was all done by the defendants, who posed as legitimate businessmen but appropriated the money they said would be invested in theatre tickets.”  
According to the Complaint[1] unsealed today in Manhattan federal court and the Indictment and statements made in court proceedings related to MELI’s prior conviction:
Beginning in at least March 2017 through in or about April 2018, MELI and SINISCALCHI falsely represented to partners in a business entity (the “Entertainment Company”), that MELI and SINISCALCHI owned a large number of tickets to live events, or intended to purchase a large number of tickets to live events, and would sell those tickets to the Entertainment Company using investor money the Entertainment Company had solicited for the purpose of reselling those tickets on the secondary market for profit.  Representatives of the Entertainment Company, in reliance on statements made by MELI and SINISCALCHI, represented to investors that investor funds would be used to purchase bulk tickets to live shows, and promised investors a share of these profits.  In fact, MELI and SINISCALCHI failed to invest the investor monies as promised, but rather diverted investor monies to their own personal use, including sending $455,000 to a close relative of MELI’s, and $105,000 to a residential management company that managed an apartment MELI was leasing.
SINISCALCHI, 46, of New York, New York, and MELI, 44, of New York, New York, are each charged with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and one count of wire fraud.  The conspiracy count carries a maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense.  The securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million, or twice the gross gain or loss from the offense.  The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.
Mr. Berman praised the work of the Special Agents from the U.S. Attorney’s Office for the Southern District of New York and thanked the Securities and Exchange Commission for its assistance.  
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.