Members Of African Criminal Enterprise Charged With Large-Scale Trafficking Of Rhinoceros Horns And Elephant Ivory And Heroin Distribution

Indictment Alleges Conspiracy to Smuggle at Least 190 Kilograms of Rhinoceros Horns and at Least 10 Tons of Elephant Ivory Valued at More Than $7 Million

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, David Bernhardt, the United States Secretary of the Interior, and Christopher T. Tersigni, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), announced today that MOAZU KROMAH, a/k/a “Ayoub,” a/k/a “Ayuba,” a/k/a “Kampala Man,” AMARA CHERIF, a/k/a “Bamba Issiaka,” MANSUR MOHAMED SURUR, a/k/a “Mansour,” and ABDI HUSSEIN AHMED, a/k/a “Abu Khadi,” were charged in an indictment for participating in a conspiracy to traffic in rhinoceros horns and elephant ivory, both protected wildlife species, valued at more than $7 million that involved the illegal poaching of more than approximately 35 rhinoceros and more than approximately 100 elephants.  In addition, KROMAH, CHERIF, and SURUR were charged with conspiracy to commit money laundering, and SURUR and AHMED were charged with participating in a conspiracy to distribute and possess with intent to distribute more than 10 kilograms of heroin.  KROMAH, a citizen of Liberia, was arrested in Uganda on June 12, 2019, and expelled to the United States.  He was arraigned before U.S. Magistrate Judge Katharine H. Parker earlier today and detained.  CHERIF, a citizen of Guinea, was arrested in Senegal on June 7, 2019, and remains in custody in Senegal pending a process through which his extradition, deportation or other lawful removal to the United States is being considered by Senegalese authorities.  SURUR and AHMED, both citizens of Kenya, remain fugitives.  The case has been assigned to U.S. District Judge Gregory H. Woods.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, these defendants are members of an international conspiracy to traffic in not only heroin but also rhino horns and elephant ivory.  The alleged enterprise, responsible for the illegal slaughter of dozens of rhinos and more than 100 elephants, was as destructive to protected species as it was lucrative.  The excellent work of the Fish and Wildlife Service and the DEA has put the brakes on an operation that allegedly peddled dead protected species and potentially deadly narcotics.”           

Secretary of the Interior David Bernhardt said:  “Wildlife trafficking will not be tolerated. It is often intertwined with other major types of criminal activity including conspiracy, smuggling, money laundering and narcotics – all of which are included in the indictment today.  The U.S. Department of the Interior remains committed to combating the illegal wildlife trade through the END Wildlife Trafficking Act and the President’s Executive Order on Transnational Organized Crime.  I would like to thank the U.S. Fish and Wildlife Service Office of Law Enforcement, U.S. Attorney’s Office, U.S. Department of Justice, and others who help bring wildlife traffickers, and other criminals, to justice.  Together, we can protect some of the world’s most iconic species while ensuring the safety and livelihood of the American people.”  

DEA Special Agent in Charge Christopher T. Tersigni said:  “DEA’s global investigations with our foreign counterparts often involve transnational criminal networks involved in a wide array of unlawful acts – from drug trafficking to conspiring to commit acts of terror to international money laundering to human trafficking – that undermine the rule of law everywhere.  These suspected criminal masterminds not only conspired to traffic huge amounts of heroin to New York, but also directed a multimillion-dollar poaching scheme to traffic in rhinoceros horns and elephant ivory – both endangered wildlife species.  DEA investigations throughout the world consistently illustrate the lengths and heinous acts these global criminal individuals and networks will commit to further their illicit enterprises.”

According to allegations in the Indictment unsealed today in Manhattan federal court[1]:

KROMAH, CHERIF, SURUR, and AHMED were members of a transnational criminal enterprise (the “Enterprise”) based in Uganda and surrounding countries that was engaged in the large-scale trafficking and smuggling of rhinoceros horns and elephant ivory, both protected wildlife species.  Trade involving endangered or threatened species violates several U.S. laws, as well as international treaties implemented by certain U.S. laws.

From at least in or about December 2012 through at least in or about May 2019, KROMAH, CHERIF, SURUR, and AHMED conspired to transport, distribute, sell, and smuggle at least approximately 190 kilograms of rhinoceros horns and at least approximately 10 tons of elephant ivory from or involving various countries in East Africa, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers located in the United States and countries in Southeast Asia.  Such weights of rhinoceros horn and elephant ivory are estimated to have involved the illegal poaching of more than approximately 35 rhinoceros and more than approximately 100 elephants.  In total, the estimated average retail value of the rhinoceros horn involved in the conspiracy was at least approximately $3.4 million, and the estimated average retail value of the elephant ivory involved in the conspiracy was at least approximately $4 million.

Typically, the defendants exported and agreed to export the rhinoceros horns and elephant ivory for delivery to foreign buyers, including those represented to be in Manhattan, in packaging that concealed the rhinoceros horns and elephant ivory in, among other things, pieces of art such as African masks and statues.  The defendants received and deposited payments from foreign customers that were sent in the form of international wire transfers, some which were sent through U.S. financial institutions, and paid in cash.

On a number of occasions, KROMAH, SURUR, and AHMED met with a confidential source (“CS-1”), both together and separately, concerning potential purchases of elephant ivory and rhinoceros horn.  During these meetings and at other times via phone calls and an electronic messaging application, CS-1 discussed with KROMAH, SURUR, and AHMED, in substance and in part, the terms of the sale, including the price, weight, or size of the rhinoceros horns, payment, destination, and delivery options.  CS-1 also discussed with CHERIF via phone calls and electronic messages, in substance and in part, the terms of the sales, as well as how to send payment for the rhinoceros horns from a United States bank account located in Manhattan.  On or about March 16, 2018, law enforcement agents intercepted a package containing a black rhinoceros horn sold by the defendants to CS-1 that was intended for a buyer represented to be in Manhattan.  From in or about March 2018 through in or about May 2018, the defendants offered to sell CS-1 additional rhinoceros horns of varying weights, including horns weighing up to seven kilograms.  On or about July 17, 2018, law enforcement agents intercepted a package containing two white rhinoceros horns sold by the defendants to CS-1 that was intended for a buyer represented to be in Manhattan.  

Separately, from at least in or about August 2018 through at least in or about May 2019, SURUR and AHMED conspired to distribute and possess with intent to distribute more than approximately 10 kilograms of heroin to a buyer represented to be located in New York.                                                       

KROMAH, 49, CHERIF, 54, SURUR, 59, and AHMED, 56, are each charged with one count of conspiracy to commit wildlife trafficking and two counts of wildlife trafficking, each of  which carries a maximum sentence of five years in prison.  KROMAH, CHERIF, and SURUR are also each charged with one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years.  Finally, SURUR and AHMED are each charged with one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, which carries a maximum sentence of life imprisonment, and a mandatory minimum sentence of 10 years’ imprisonment.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the United States Fish and Wildlife Service and the DEA, and he thanked law enforcement authorities and conservation partners in Uganda for their assistance in the investigation.  Mr. Berman also thanked the U.S. Department of Justice’s Office of International Affairs for their assistance and noted that the investigation is continuing. 

The charges contained in the Indictment are merely accusations.  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 its description set forth below constitute only allegations, and every fact described should be treated as an allegation.

Attorney General James Cracks Down On Pharmacies Failing To Comply With Drug Pricing Transparency Law

44 Pharmacies Failed to Post Drug Prices, Leaving Consumers in the Dark

 Attorney General Letitia James today announced the conclusion of an investigation into pharmacies across New York State that found many have failed to post the costs of drugs to consumers, as required by law. As a result of the investigation, the Attorney General’s Office sent cease and desist letters to 44 pharmacies found to be in violation of the law, mandating compliance with consumer protection laws that require that pharmacies maintain a list of their prices for the 150 most commonly prescribed drugs. State law also mandates that pharmacies update this Drug Retail Price List at least weekly, distribute the list to consumers upon request, and post a sign notifying consumers of the availability of the list. The sign is required to be posted in the pharmacy where prescriptions are accepted or dispensed, or in the pharmacy’s waiting area.  

“Posting prices of drugs is a basic method of transparency that enables individuals to make informed decisions about their health and their finances,” said Attorney General Letitia James. “Our investigation revealed that too many pharmacies throughout the state have flouted these consumer protection laws, potentially resulting in New Yorkers paying significantly more for medications they depend on every day. We will continue to hold pharmacies accountable and work to bring down the costs of prescription drugs.  

The requirement to maintain a price list and to post a conspicuous sign is not just a mere formality. The investigation revealed that pricing between pharmacies for the same exact drug can vary by as much as 300 percent. One drug’s price ranged over $600 between pharmacies.    

Over the course of the investigation, the Attorney General’s Office visited more than 100 pharmacies across the state to request price lists and observe compliance with signage. The sweep revealed that 38 percent of pharmacies were in violation of the list and signage law. Those pharmacies in violation of these laws were located in: Binghamton, Brooklyn, Buffalo, Nassau County, Northern Manhattan, Plattsburgh, Rochester, Suffolk County, Syracuse, Utica, Watertown, and Westchester County. 

The cease and desist letters required the pharmacies to come into full compliance with the law within 15 days of receipt.  

New York Attorney General James Moves To Block T-Mobile And Sprint Megamerger

States allege merger is anticompetitive and will drive-up prices for consumers throughout the country

A.G. James: “This is exactly the sort of consumer-harming, job-killing mega merger our antitrust laws were designed to prevent.”  

New York Attorney General Letitia James and California Attorney General Xavier Becerra filed a multi-state lawsuit, along with eight other State Attorneys General to halt the proposed merger of telecom giants T-Mobile and Sprint. The complaint, filed in New York federal court in coordination with Colorado, Connecticut, the District of Columbia, Maryland, Michigan, Mississippi, Virginia, and Wisconsin alleges that the merger of two of the four largest national mobile network operators would deprive consumers of the benefits of competition and drive up prices for cellphone services. 

“When it comes to corporate power, bigger isn’t always better,” said Attorney General Letitia James. “The T-Mobile and Sprint merger would not only cause irreparable harm to mobile subscribers nationwide by cutting access to affordable, reliable wireless service for millions of Americans, but would particularly affect lower-income and minority communities here in New York and in urban areas across the country. That’s why we are going to court to stop this merger and protect our consumers, because this is exactly the sort of consumer-harming, job-killing megamerger our antitrust laws were designed to prevent.” 

“Although T-Mobile and Sprint may be promising faster, better, and cheaper service with this merger, the evidence weighs against it,” said Attorney General Xavier Becerra. “This merger would hurt the most vulnerable Californians and result in a compressed market with fewer choices and higher prices. Today, along with New York and eight other partner states, we’ve filed a lawsuit to block this merger and protect the residents of our state.” 

T-Mobile US Inc. and Sprint Corporation are the third and fourth largest mobile wireless networks in the U.S., and are the lower-cost carriers among the “Big Four” — Verizon Wireless and AT&T round out the market. Intense competition, spurred in particular by T-Mobile and Sprint, has meant declining prices, increased coverage, and better quality for all mobile phone subscribers. According to the Labor Department, the average cost of mobile service has fallen by roughly 28 percent over the last decade, while mobile data consumption has grown rapidly. The merger, however, would put an end to that fierce competition, which has delivered a great number of benefits to consumers.  

Currently, the average U.S. household spends approximately $1,100 annually on cellphone services. For many families, especially those with lower incomes, even a small price increase can result in suspension or cancellation of cellphone service.  

“Low- and moderate-income (LMI) New Yorkers put a greater share of their household income toward their phone bill, and when you are looking at a budget that is already stretched thin, every dollar counts,” added Mae Grote, CEO of the Financial Clinic. “Cellphones now not only give us the ability to communicate with friends and family, here and abroad, but are increasingly the way we engage with many critical services. Our customers use cellphone apps to access public information, send and receive money, manage their SNAP benefits, look for a job, and even communicate with their doctors, and maintaining competition in the market for this critical service ensures LMI consumers have the same access to quality, affordable service as the more financially secure. The Clinic is proud to advocate on behalf of the communities we serve to protect their inclusion in the modern economy.” 

While T-Mobile and Sprint have made promises that their merger would offer lightning-fast speeds and increased capacity, the Attorneys General’s investigation found that many of the claimed benefits were unverifiable and could only be delivered years into the future, if ever. By contrast, if the merger were to go through, the combined company would immediately have the power and incentive to raise prices, while cutting quality. In short, any theoretical efficiencies that could be realized from the merger would be outweighed by the transaction’s immediate harm to competition and consumers. 

Additionally, the merger would harm thousands of hard-working mobile wireless independent dealers in New York and across the nation. The ten states are concerned that further consolidation at the carrier level would lead to a substantial loss of retail jobs, as well as lower pay for these workers in the near future.  

"CWA applauds the Attorneys General and especially General Letitia James' leadership in taking decisive action today to prevent T-Mobile and Sprint from gaining anti-competitive power at the expense of workers, customers, and communities," added Chris Shelton, president of the Communications Workers of America (CWA). "Reducing the number of national wireless carriers from four to three would mean higher prices for consumers, job loss for retail wireless workers, and downward pressure on all wireless workers' wages. The states’ action today is a welcome development for American workers and consumers, and a reminder that regulators must take labor market concerns seriously when evaluating mergers.” 

Before filing suit, the states gave significant consideration to T-Mobile and Sprint’s claims of increased coverage in rural areas. However, T-Mobile has yet to provide plans to build any new cell sites in areas that would not otherwise be served by either T-Mobile or Sprint. As stated in the complaint, the U.S. previously won the “race to LTE” as a direct result of vigorous competition among wireless carriers. Finally, continued competition, not concentration, is most likely to spur rapid development of a nationwide 5G network and other innovations.  

“This merger is bad for competition, and it is bad for consumers, especially those living in or traveling through rural areas, who will experience fewer choices, price increases, and substandard service,” stated Carri Bennet, general counsel for the Rural Wireless Association. “We are pleased that the New York Attorney General, along with nine states have filed their lawsuit to block the merger. The process at the FCC has not been transparent and the FCC appears to be blindly accepting New T-Mobile’s words as truth.” 

The complaint was filed under seal in United States District Court for the Southern District of New York.  

T-Mobile currently has more than 79 million subscribers, and is a majority-owned subsidiary of Deutsche Telekom AG. Sprint Corp. currently has more than 54 million subscribers, and is a majority-owned subsidiary of SoftBank Group Corp. 

SENATOR RIVERA ON VOTING IN FAVOR OF VACCINATION PACKAGE INCLUDING BILL TO ELIMINATE RELIGIOUS EXEMPTIONS

"While I strongly believe in honoring individual rights as they are protected by our Constitution, I also believe that individual rights should not supersede the safety of the general public. That is why after taking the time to listen to both sides of this issue and after careful deliberation, I voted in favor of this vaccination package.  I understand that there are parents across the State that have concerns or religious objections to having their child vaccinated, but as the Chair of the Senate Health Committee my main responsibility is to protect our State's public health. As we face the highest number of confirmed measles cases in recent history, it is necessary to implement measures to curtail this alarming outbreak and prevent future ones from ever happening. By setting stronger, more uniform statewide vaccination standards and further educating New Yorkers about the effectiveness of immunizations, we are taking action to protect our communities' public health. I strongly believe that this is the most prudent option for families and communities across New York State."

HEALTH DEPARTMENT CLOSES TWO WILLIAMSBURG SCHOOLS FOR VIOLATING COMMISSIONER’S ORDER DURING MEASLES OUTBREAK

To date, the Health Department has issued twelve school closure orders since the April 9 measles Emergency Order

Since the April 9 Emergency Order, 51,124 MMR vaccinations have been administered to children 6 months to 18 years citywide, a 38% increase compared to the same time period last year; of those, 3,844 were administered to children from Williamsburg – a 99% increase compared to the same time period last year

588 cases have been confirmed since the beginning of a measles outbreak last October.

  The Health Department announced today that it has closed two schools in Williamsburg for failing to comply with an Order of the Health Commissioner in response to the current measles outbreak. UTA of Williamsburg – Yeshiva Torah V’Yirah (590 Bedford Avenue, Williamsburg, NY 11249) was closed today for failing to provide sufficient proof of immunity for a child who was present at the school and for allowing unvaccinated children and staff on site. UTA 212 (212 Williamsburg Street, Williamsburg, NY 11211) was closed for allowing 35 students who were either unvaccinated or did not have the required number of doses of the measles-mumps-rubella (MMR) vaccine to attend school. The schools will not be allowed to reopen until the Health Department reviews and approves a submitted corrective action plan that addresses the lapses in complying with the Commissioner’s Order. The Health Department had previously closed ten schools—including one of the programs closed today—for failing to comply with the Commissioner’s Order. This is the second time UTA of Williamsburg – Yeshiva Torah V’Yirah (590 Bedford Avenue) has been closed for violating the Commissioner’s Order.

“The spread of measles may be slowing down but we are not,” said Health Commissioner Dr. Oxiris Barbot. “This is a message to all schools that have been ordered to exclude unvaccinated children -- we will not stop our enforcement until the outbreak comes to an end. School staff must do their part to help us end this outbreak and keep New Yorkers safe. We also continue to urge everyone to get vaccinated to protect themselves, their families and their communities against measles.”

Current Case Count

As of June 11, 2019, 588 cases of measles have been confirmed since the beginning of the outbreak last October. 437 cases (74%) have occurred in Williamsburg (ZIP codes 11205, 11206, 11211, 11249), which has been under an Emergency Order issued April 9 requiring those who live or work in these ZIP codes to have been vaccinated with the measles-mumps-rubella vaccine (MMR). A small number of cases have occurred outside of these neighborhoods but have, to date, not resulted in sustained transmission of measles.

Vaccination Progress

Since the April 9 Emergency Order, 51,124 MMR vaccinations have been administered to children 6 months to 18 years citywide, a 38% increase when compared to the same time period last year. Of those immunizations, 3,844 vaccines were administered to children in Williamsburg, a 99% increase in that neighborhood compared to the same time period last year. The Health Department credits this increase in part to partnerships with community organizations and community leaders within the Orthodox Jewish community, who have not only encouraged vaccination, but have worked with the Health Department to organize vaccination clinics and vaccine education and awareness events.

Community Outreach

The Health Department will continue to expand outreach to the affected community to provide education about the dangers of measles and the safety and effectiveness of the vaccine. Since the beginning of the outbreak, the Health Department has:

• Published ads and distributed educational materials specific to the Orthodox community in both English and Yiddish.
  • Starting last month, ads have been running on bus shelters, LinkNYC kiosks, and in newspapers and online publications.
• Met with rabbinical and community leaders, health care providers and local elected officials to highlight the importance of getting vaccinated and the dangers of measles.
• Worked with community leaders and community-based organizations on vaccine education.
• Distribution of approximately 29,000 pro-vaccination booklets (Tzim Gezint and A Slice of PIE) each geared to the Orthodox community in both English and Yiddish.
• Conducted 25 rounds of robocalls that have gone out to about 30,000 households each.
• Individual calls to 16,000 households will be made reminding people in the community of the importance of vaccination.
• Sent text messages to almost 16,000 numbers.
• Sent letters to parents who have not vaccinated their children to remind them to make an appointment with their doctor and schedule a vaccination.
• Sent emails to medical providers with unvaccinated children in their practice encouraging immediate vaccination 
• Hosted a tele-Town Hall on April 30, 2018 to counter anti-vaccination propaganda.

To stop the spread of measles in New York City, the Health Department on April 9 ordered adults and children ages 6 months and older who live, work or go to school in ZIP codes 11205, 11206, 11211 and 11249 receive a measles, mumps and rubella (MMR) vaccine within 48 hours. If non-compliant, the Health Department announced it would issue a civil summons to those in the affected ZIP codes who had not been vaccinated as of April 12. For more information, New Yorkers can visit the Health Department’s Measles page.

SCIENCE PREVAILS AS DINOWITZ VACCINE BILL PASSES LEGISLATURE

As New York’s measles outbreak approaches one thousand confirmed cases, Assemblyman Jeffrey Dinowitz and State Senator Brad Hoylman are poised to eliminate non-medical exemptions to school vaccine requirements.

  After months of increasingly urgent demands from the medical community and families of immuno-compromised children for action to combat the ongoing measles outbreak, controversial legislation from Assemblyman Jeffrey Dinowitz and State Senator Brad Hoylman appears to be on the precipice of becoming state law. On Thursday, the Assembly and State Senate both approved a measure which would repeal all non-medical exemptions to school vaccine requirements. The legislation follows California’s lead, who enacted a similar repeal of non-medical exemptions after a measles outbreak in 2015 and saw their statewide vaccination rates rise almost 5% in just three years. Once signed, New York would become the fifth state to ban all non-medical exemptions joining California, Mississippi, West Virginia, and most recently Maine.

The non-medical exemption repeal effort in New York has been ongoing since 2015, but was infused with new urgency as New York has become the epicenter of the largest measles outbreak in the United States since 1992. Since the current outbreak began in September 2018, New York State has confirmed over 850 measles cases, predominantly in New York City and Rockland County – accounting for the vast majority of the 1,022 confirmed measles cases nationwide (through June 6). While the United States officially eliminated measles in 2000, the recent outbreak has put that status in jeopardy and reignited a bitter fight over the efficacy of modern medicine between anti-vaxxers and public health experts.

While there is ardent opposition to vaccination efforts among a small group of anti-vaxxers, the legislation has 84% support among all New Yorkers according to a recent Siena College poll. Joining the vast majority of New Yorkers in their support are numerous medical and health policy organizations, including the American Academy of Pediatrics, New York State Academy of Family Physicians, Medical Society for the State of New York, March of Dimes, Kids v. Cancer, and many more.

Governor Cuomo has publicly stated that he will sign the bill if it passes both legislative chambers and is expected to do so quickly.

Assemblyman Jeffrey Dinowitz said: “I am incredibly proud that science has won with the passage of this bill. We should be taking medical advice from medical professionals, not strangers on the internet spreading pseudo-science misinformation. This will not be the end of our efforts to combat the ongoing measles outbreak, but it is an important step.

The vitriolic language coming from those in the gallery who opposed the bill highlights the depths to which the rhetoric around this conversation has fallen. Those of us who have been advocating for increased vaccination have frequently been on the receiving end of their vitriol for many months, but now it has been laid bare in their breach of decorum. I hope that we can move forward from here, with level heads, and work together to protect the health of New Yorkers – particularly those with compromised immune systems and those who are too young to be vaccinated. Thank you to Speaker Carl Heastie for his leadership in helping steward this legislation through the Assembly, to Senator Hoylman for leading the charge in the State Senate, and to all the advocates who fought for this important public health policy change.”

State Senator Brad Hoylman said: “Today, the legislature is sending a strong message to New Yorkers that vaccines are safe and effective. We’re putting science ahead of misinformation about vaccines and standing up for the rights of immunocompromised children and adults, pregnant women and infants who can’t be vaccinated through no fault of their own. With our actions today, we can help avoid future outbreaks of vaccine-preventable illnesses like measles. I’m exceedingly grateful to the leadership of Senate Majority Leader Andrea Stewart-Cousins, my Assembly co-sponsor Jeffrey Dinowitz, and my Senate colleagues for their support of our legislation ending non-medical exemptions for vaccinations in New York.”

Temple Hatikva Special Father's Day Service. Friday June 14

 We’ve just take the time to honor our mothers and the matriarchs of our people. Now it’s time to give proper due to the fathers! Its a fitting time to honor our fathers and patriarchs, Now we can rejoice further in our heritage and the unbroken chain of study and tradition that has been passed down to us, from one father to the next, (of course made possible by the mothers whom we celebrated last month!) until here we are continuing to share these teachings and paving the way for our children as well. Let us gather and daven, hear the words of the Torah, and celebrate the fathers in our community.

 Temple Hatikva is a Reform / Conservative synagogue serving all those of the Jewish faith. We invite you to join us for our traditional, yet modern services, All religious services and Adult Education sessions are FREE to attend. Services will be Friday June 14, 2019 at Bronx House 990 Pelham Parkway South at 7:30 pm

6/15/19 Bronx Rally Play Fair with Parks