Jeremy Reichberg Sentenced To 48 Months In Prison For Orchestrating NYPD Bribery Scheme And Obstructing Justice

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JEREMY REICHBERG was sentenced to 48 months in prison for bribery, corruption, and obstruction offenses related to his participation in a years-long scheme to bribe numerous high-ranking members of the New York City Police Department (“NYPD”).  Specifically, on January 2, 2019, REICHBERG was convicted of conspiracy, honest services fraud, and bribery charges after a two-month trial.  Today’s sentence was imposed by U.S. District Judge Gregory H. Woods.    

Manhattan U.S. Attorney Geoffrey S. Berman said:  “For years, Jeremy Reichberg forged corrupt relationships with law enforcement through a stream of illegal payments and financial benefits.  In doing so, he eroded public confidence in the lifeblood of the City – an impartial New York City Police Department that treats all citizens equally.  He then attempted to cover it up by hiding evidence of his crimes.  Rather than buying himself special treatment and influence, Reichberg’s efforts have secured him multiple federal convictions and a significant prison sentence.”

In imposing today’s sentence, Judge Woods said:  “Reichberg engaged in an extended scheme . . . [in which] the instruments of government became tools for [Reichberg’s] own personal advancement.  This case was about much more than dollars and cents. . . .  It is important that the public be able to trust that its public officials act without fear or favor rather than spending time and public resources catering to the whims of well-heeled donors.”

According to the Superseding Indictment and Complaint filed in this case, and evidence presented at trial:   

The Bribery Scheme

Between 2008 and 2015, REICHBERG and a co-conspirator, Jona Rechnitz, orchestrated a scheme in which REICHBERG and Rechnitz provided numerous high-level New York City Police Department (“NYPD”) officials with financial and other benefits in order to obtain police-related favors in return, as opportunities arose.  REICHBERG and Rechnitz provided an array of gifts to the officers, including travel, home improvements, premium tickets to sporting events, expensive meals, and access to prostitutes, in order to have the officers effectively “on call” to provide police-related favors as REICHBERG and Rechnitz requested.  REICHBERG perpetrated the scheme, among other reasons, to monetize his contacts with the NYPD.  In particular, REICHBERG was an all-purpose “expediter” for individuals in his community, and – as a self-styled “NYPD Liaison” and as state chaplain with the New York State Police (which he was not) – he was paid in order to assist people at large with their problems with the NYPD and other pockets of local government. 

Over the course of the scheme, REICHBERG and Rechnitz corrupted or attempted to corrupt several officers, including the Chief of Department for the NYPD, the highest ranking uniformed officer in the NYPD; his executive officer; a deputy inspector and commanding officer of an Upper East Side precinct; and others.  Among the actions that those officers took at the request of REICHBERG and/or Rechnitz were police escorts for them and their friends, assistance with private disputes and investigations, the exercise of influence in decisions involving arrests and post-arrest treatment of individuals, the issuance of gun permits to civilians; and the deployment of official police vehicles (including police boats and a helicopter).

Obstruction of Justice

The night before he was arrested, REICHBERG called his brother over to his residence. REICHBERG gave his brother several fistfuls of business cards and cell phones and asked him to “hold” them.  The business cards included contacts for numerous officers REICHBERG had cultivated during the conspiracy.  Several of the phones contained text messages with those officers, including contemporaneous communications concerning many of the official acts mentioned above.  The next morning, REICHBERG was arrested and the FBI executed a search warrant at his home.  REICHBERG’s brother attempted to leave the home with the items during the search, but was stopped and searched by an FBI agent, who recovered the items.

REICHBERG, 45, of Brooklyn, New York, was convicted at trial of one count of conspiracy to commit bribery, one count of conspiracy to commit honest services fraud, one substantive count of honest services fraud, and one count of obstruction of justice. 

Mr. Berman praised the investigative work of the Federal Bureau of Investigation, the New York City Police Department, Internal Affairs Bureau, and the Special Agents of the United States Attorney’s Office.  

tan U.S. Attorney Settles Civil Fraud Claims Against Medical Device Distributor For Selling Products Not Approved By The Fda

Distributor CareFusion Admits to Buying and Selling Unapproved Devices, Agrees to Pay $3.3 Million

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Jeffrey E. Shuren, M.D., director of the Center for Devices and Radiological Health at the U.S. Food and Drug Administration (“FDA”), announced today that the U.S. has settled civil fraud claims under the False Claims Act against CAREFUSION CORPORATION (“CAREFUSION”), a medical device distributor based in San Diego, California, for buying and selling medical devices that were not approved or cleared by the FDA.  These unapproved and uncleared devices were then used by medical providers in medical procedures, and the providers submitted claims for reimbursement to federal healthcare programs, such as Medicare and Medicaid, for those procedures.  As part of the settlement, approved May 7, 2019, by U.S. District Judge Edgardo Ramos, CAREFUSION agreed to pay the Government $3.3 million and admitted to buying and selling medical devices that had not received the requisite approval or clearance from the FDA.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Medical devices that do not have the required FDA approval or clearance cannot be bought and sold for use on patients.  When unapproved devices are used in medical procedures, it presents a public health and safety risk, and federal health insurance programs should not foot the bill.  Medical device distributors must follow FDA rules and this Office will continue to hold them accountable when they don’t.”

Director Jeffrey E. Shuren, M.D. said:  “Americans rely on FDA oversight to ensure that their medical devices are safe and effective.  When companies sell devices without proper authorization, they may be putting patients’ health at risk.  We will continue to investigate and bring to justice companies that attempt to subvert the regulatory functions of the FDA, which are intended to protect the public health.  We commend the efforts of the Department of Justice for their vigorous pursuit of justice in this matter.”

Since 1976, many different kinds of medical devices must, depending on the degree of patient risk, be approved or cleared by the FDA before they can be marketed for use on patients.  There is a grandfather exception for medical devices that were legally in commerce prior to 1976, which are known as “pre-amendment” devices.  To qualify for pre-amendment status, the device’s owner (typically the manufacturer) must, among other things, have marketed the device prior to May 28, 1976. 

In the settlement, CAREFUSION admitted to distributing medical devices for which the device manufacturer (the “Manufacturer”) had not obtained the required approvals or clearances from the FDA and for which the Manufacturer could not demonstrate that the pre-amendment exception applied.  In particular, CAREFUSION admitted that:

• From 2007 to 2014, the Manufacturer sold devices for which the Manufacturer (i) had not obtained approval or clearance from the FDA to market; (ii) was relying on the pre-amendment status exemption to market, but (iii) lacked the required evidence to demonstrate that the devices qualified for the pre-amendment status exemption. 

• During that period, CAREFUSION purchased devices from the Manufacturer that the Manufacturer wrongly claimed qualified for the pre-amendment status exception, and then sold those devices to hospitals and other health care providers.

• Some of those devices were used in procedures for which providers submitted claims for reimbursement to federal health care programs.  

• While the Manufacturer provided CAREFUSION with the evidence on which it was relying to justify its claim that the devices qualified for the pre-amendment status exemption, that evidence was insufficient. 

• After the FDA issued a warning letter to the Manufacturer in 2014 and the Manufacturer issued recall notices for the devices at issue, CAREFUSION ceased selling and distributing the devices. 

 Of the $3.3 million that CAREFUSION agreed to pay under the settlement, $2,821,539.92 will go to the United States and $478,460.08 will go to states adversely affected by CAREFUSION’s conduct through separate settlements with those states.

In connection with this settlement, the United States joined a private whistleblower lawsuit that had previously been filed under seal pursuant to the False Claims Act.  The whistleblower suit remains under seal as the Government continues its investigation.

Mr. Berman thanked the FDA, the Department of Health and Human Services Office of Inspector General, and the Centers for Medicare and Medicaid Services for their invaluable assistance in this matter.

Help us preserve the stories of LGBTQ elders

Dear Friend of SAGE, We are thrilled to tell you about an important project we're working on: Stonewall OutLoud. For the 50th anniversary of Stonewall, we're teaming up with StoryCorps on a historic effort: inspiring people throughout the country to honor an LGBT elder with an interview in order to preserve our voices before they are lost to history. Help us preserve the stories of LGBTQ elders During the month of June 2019, we are asking people across America to pick up their mobile devices and use the StoryCorps App to record the personal stories of people within the LGBT community, particularly those who were born before the 1969 Stonewall Riots. Each of these interviews will become a permanent part of American history at the American Folklife Center at the Library of Congress. Interested in getting involved? Talk with a younger person. Record your conversation. It's as easy as downloading the StoryCorps App, sitting down for a chat, and hitting "record." Get inspired. Listen to powerful stories that have already been recorded, watch selected animations, or search the StoryCorps Archive for additional stories. Become a Stonewall OutLoud Champion. Pledge the number of interviews you plan to record by visiting storycorps.org/outloud. Let us know and we will list you on our website on our Wall of Pride. Host a community event. Contact your local LGBT center, an inclusive faith community, or public community center to host a Stonewall OutLoud Story Party. Who can participate? Everyone! Make plans to interview an elder and/or another member of the LGBT community at storycorps.org/outloud. Through these conversations, we hope to show gratitude for LGBT pioneers while inspiring people in all 50 states to create a vitally important collection of LGBT voices. Pledge to record. Honor our community. Ensure that LGBT history is never forgotten. We look forward to listening! StoryCorps is a nonprofit organization based in Brooklyn, New York. StoryCorps' mission is to preserve and share humanity's stories in order to build connections between people and create a more just and compassionate world. If you have questions, please email Madison Mullen at mmullen@storycorps.org.

MAYOR DE BLASIO PUTS TRUMP ORG ON NOTICE: CUT GREENHOUSE EMISSIONS OR FACE BIG PENALTIES

Under NYC’s Green New Deal, 8 Trump-owned properties in NYC will owe $2.1 million per year if he refuses to make climate change retrofits

  Mayor de Blasio put President Trump on notice for the millions of dollars his properties will owe under new climate change legislation that requires large buildings in New York City to dramatically cut their greenhouse gas emissions. The law, a world-first, takes effect on May 17th, 2019 and is a central component of New York City’s Green New Deal. Our Green New Deal will create new jobs and build a fairer and healthier city for all New Yorkers, making the city carbon-neutral by 2050.

Across New York City, Trump owns at least 8 large buildings that do not meet 2030 emissions levels under the law. These dirty, inefficient buildings pump approximately 27,000 metric tons of greenhouse gases into our air each year, the equivalent of 5,800 cars. If Trump does not clean up these buildings, he will owe approximately $2.1 million in fines every year starting in 2030.

"Our message is loud and clear,” said Mayor de Blasio. “We’re tackling climate change head-on with NYC’s Green New Deal and are the first city in the world to require all big buildings to cut their emissions, with the goal of a carbon neutral city by 2050. President Trump – you’re on notice. Your polluting buildings are part of the problem. Cut your emissions or pay the price.”

The following Trump properties do not comply with new emission standards in New York City:

·         Trump International Hotel & Tower, 1 Central Park West

Estimated 2030 fine: $850,871 per year if no improvements made

·        Trump Building, 40 Wall Street

Estimated 2030 fine: $164,565 per year if no improvements made

·         Trump World Tower, 845 United Nations Plaza No. 37-B

Estimated 2030 fine: $212,121 per year if no improvements made

·         Trump Tower, 721 Fifth Avenue

Estimated 2030 fine: $469,848 per year if no improvements made

·         Trump Park Avenue, 502 Park Avenue

Estimated 2030 fine: $126,316 per year if no improvements made

·         Trump Parc, 106 Central Park South

Estimated 2030 fine: $40,360 per year if no improvements made

·         Trump Parc East, 100 Central Park South

Estimated 2030 fine: $26,629 per year if no improvements made

·         Trump Palace, 200 East 69th Street

Estimated 2030 fine: $239,315 per year if no improvements made

Reducing emissions from buildings is a key strategy for implementing New York City’s ambitious Green New Deal and upholding the highest goals of the Paris Agreement to limit global temperature to 1.5 degrees Celsius. Meeting these goals will require ending our reliance on polluting fossil fuels and deep reductions in greenhouse gases across our building, transportation, and waste sectors. By putting into action a bold vision that meets the challenges of climate change and inequality, New York City is demonstrating what the Green New Deal looks like in practice.

New York City’s Green New Deal attacks global warming on all fronts. It is comprised of $14 billion in new and committed investments, legislation and concrete action at the City level that will ensure a nearly 30 percent additional reduction in emissions by 2030. In addition to the building mandates legislation, it includes other initiatives to reduce emissions, a plan to switch city government operations to clean electricity, banning new inefficient glass buildings, and committing the city to carbon neutrality by 2050.

Over many decades of study, scientists have reached an overwhelming consensus that climate change is occurring now and is caused by human activities. Extreme weather events, which are growing in frequency and severity around the world, demonstrate the consequences of a warming planet and the risks associated with climate denial. In New York City, Hurricane Sandy resulted in the deaths of 44 New Yorkers and caused $19 billion in damages and lost economic activity. Projections show that a Sandy-like storm in the 2050s could cause $90 billion in damage and economic loss, nearly five times Sandy’s impact.

In New York City, buildings are responsible for nearly 70 percent of all greenhouse gas emissions. Cleaning up the city’s largest buildings—and its largest polluters—will promote energy efficiency, electrification, and renewable energy while creating new, good-paying jobs for New Yorkers. It will also discourage continued reliance on polluting fossil fuels, cut down on harmful air pollution, and save building owners money over time by lowering operating expenses.

After being passed by the New York City Council on April 18, 2019, Intro 1253 will become law on May 17, 2019.

Reducing emissions from buildings is a key strategy for achieving New York City’s ambitious climate change goals of achieving carbon neutrality by 2050 and upholding the highest goals of the Paris Agreement.

“There is no substitute for swift, bold, and aggressive federal action to fight climate change,” said Mark Chambers, Director of the Mayor’s Office of Sustainability. “America needs a Green New Deal and New York City is demonstrating to the world exactly what is possible.”

"Here in New York City, we recognize our climate crisis for what it is - an emergency - and also that what matters most is not words, but action," said Daniel Zarrilli, NYC's Chief Climate Policy Advisor and OneNYC Director. “With the actions of OneNYC 2050, we are putting New York City’s Green New Deal into practice. Taking on the fossil fuel industry, getting our emissions to net zero, building greater resiliency citywide, and creating an inclusive economy - these may not be easy, but they are necessary if we are to secure a livable future for the next generation. And by taking action now, we are building a strong and fair city for all New Yorkers."

“We’re proud to work with our partner agencies to meet the Mayor’s ambitious goal of making New York City carbon-neutral by 2050. A big part of this effort will be to discourage the use of poor-energy-performing building envelopes,” said Acting Buildings Commissioner Thomas Fariello, RA.

Bronx Borough President Ruben Diaz Jr. Invites you to

Join The Bronx Democratic Party for Our 2019 Annual Dinner

OFFICIAL INVITATION Chairman Marcos A. Crespo and  The Bronx Democratic Party  cordially invite you to the 2019 Bronx County Dinner  on Wednesday, July 17th. CLICK HERE FOR SPONSORSHIP INFO & JOURNAL AD OPPORTUNITIES CLICK HERE FOR CONTRIBUTION FORM (Form must accompany all payments)

Council Member Ruben Diaz Sr - To A Man Who Stands for Principle

WHAT YOU SHOULD KNOW

By Councilman, Rubén Díaz Sr.

District 18 Bronx County, New York

To A Man Who Stands for Principle

You should know that on Wednesday, April 29, 2015, I was invited by New York State Governor Andrew Cuomo to join other Senate colleagues for a breakfast at the Governor’s Mansion in Albany, New York. Along with Governor Andrew Cuomo, his Chief of Staff, Joe Percoco, his Counsel Alphonso David, and his Budget Director Mary Beth Labate, there were Senators Andrea Stewart-Cousins, Ruth Hassell-Thompson, Liz Krueger, Marcos Serrano, Gustavo Rivera, Adriano Espaillat, Brad Hoylman, and Daniel Squadron.

It is important for you to know that I took the opportunity to have Governor Cuomo sign for me a copy of his book titled “All Things Possible” which he gladly agreed by inscribing the following: “To a man who stands for principle.”

You should also know that this book "All Things Possible" is important to me personally because in it Governor Cuomo made reference to my name several times.

Chapter 10 of his book, titled "33" is devoted to the fight and the struggle that took place in order to get 33 Senators to vote in favor of same-sex marriage. In Chapter 10, the Governor gave me the honor of mentioning me by name on pages 382, 389, 400 and 402.

On page 382 the Governor mentioned me by name by stating: "We needed thirty-two votes. We knew that one Democrat, Ruben Diaz, a senator from the Bronx, was a no-go. A Pentecostal minister, he could not be moved to change his mind. That meant we had to lock in the remaining twenty-nine Democrats and sway three Republicans. Difficult? Yes."

On page 389, recounting his wheeling and dealing with Republican Leader Senator Dean Skelos, the Governor wrote: "In June, Majority Leader Skelos made a clever move that transferred all of the pressure from his team to ours. A skillful tactician, he announced that he wouldn't let the bill go to the floor unless we had all the Democrats with us except Ruben Diaz, the Pentecostal minister who we both knew was unshakable."

You should know that as the chapter continues, the Governor explains all of the roadblocks and troubles he had to bypass, and the negotiations he went through to get the same-sex marriage bill approved. He wrote about the chaos that ensued on the night of the vote, and how they prevented me and stopped me from speaking on the bill. On pages 399-400, he mentioned an important negotiation he had with Senator John Sampson:

"Republicans had asked for one concession. "We don't want long speeches," Skelos told us. They didn't want political rhetoric to inflame the already nervous senators. The Senate Minority Leader, a Democrat, John Sampson, who represented parts of Brooklyn including Crown Heights and East Flatbush, assured us he will keep the Democrats' comments to a minimum. The plan was: Get the legislation on the floor. Do a rolling voice vote. Go home.

... Sampson had previewed with both Skelos and Steve that the only speech from one of their members will be from Senator Diaz, the sole opponent on the Democrats’ side, who would speak for two minutes. Diaz, used to speeches from the pulpit, led with, "God, not Albany, has settled the definition of marriage a long time ago." And he kept going. When Lieutenant Governor Bob Duffy cut him off he said, "Senator, Senator, I know you want to go on but we have twenty-three people who want to speak on the bill."

Twenty-three people? The proceedings ground to a halt as Diaz and his allies complained that he had been cut off, and the Republicans approached Steve and Myland warning them that is exactly what was not supposed to happen."

The Governor continues explaining on page 402 how he managed to get things under control - and after the vote was taken and the gay marriage legislation was approved - how he decided to come to the Senate Floor to thank the senators. He stated that when he got to the Senate Floor: "Almost all of the Republicans and Ruben Diaz, who'd voted against marriage equality were all gone."

On my behalf, I am honored that the Governor not only mentioned me by name in his book to let the whole world know about my principled stand against his gay marriage legislation, now I am even more honored that he signed my copy by stating “To A Man Who Stands for Principle.”

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

Van Nest Neighborhood Alliance Eighth Annual Dinner

The six honorees in the front row (L-R) Beverly Michael Executive Director Einstein Campus of Montefiore Hospital, Maureen Carvin Branch Manager Ridgewood Savings Bank, Detective Danny (Giuseppe) Cannova, Detective Janine Varela, Roger BomBace (standing in for his brother Joe Bombace), and Joseph McManus State Committeeman. The Executive Board of the VNNA with Councilman Ritchie Torres are in the back row. 

  One-Hundred people in all came to Maestro's Friday night to celebrate the Eighth Annual Van Nest Neighborhood Alliance Dinner. Several of the local elected officials were on hand to speak or present one of the awards to an honoree. Bernadette Ferrara President of the VNNA spoke of the changing neighborhood and the groups effort's to improve the area. At the dinner were members of other neighborhood organizations who are working along side of the VNNA to make a better Bronx. 

Elected officials on hand included (L - R) State Senator Gustavo Rivera, Assemblywoman Nathalia Fernandez, Assemblywoman Karines Reyes, and Councilman Ritchie Torres who are with the Executive Board of the Van Nest Neighborhood Alliance.

Above - City Councilman Ritchie Torres and State Senator Gustavo Rivera with VNNA President Bernadette Ferrara. 

Below - Assemblywoman Nathalia Fernandez is with Pelham Parkway Neighborhood Association President Edith Blitzer, and Louisa Benedetto formerly of Councilman Torres's office.

Above - State Senator Rivera with Tony Signore the Vice-President of Morris Park Community Association, and Al D'Angelo President of the MPCA.

Below - Andrea Siegel, Steve Glosser, and Edith Blitzer of the Pelham Parkway Neighborhood Association.