VISION ZERO: MAYOR DE BLASIO ANNOUNCES “GREEN WAVE” BICYCLE PLAN TO ADDRESS CYCLING FATALITIES -- WITH CITYWIDE PROTECTED BIKE LANE NETWORK AND INCREASED ENFORCEMENT

Robust safety plan includes accelerated build-out of a citywide network of protected bike lanes, NYPD enforcement of crash-prone intersections, legislation & other innovations

  Mayor Bill de Blasio released “Green Wave: A Plan for Cycling in New York City” to confront the rise in cycling fatalities in 2019. As cycling continues to grow dramatically, the $58.4 million plan combines design, enforcement, legislation, policy and education to make the City’s streets safer for cyclists -- and all street users. With fatalities heavily concentrated this year in Brooklyn, the Mayor unveiled the plan in Bay Ridge, a neighborhood that this year will receive its first on-street protected lanes along 7th Avenue.  The Mayor separately announced that as part of the accelerated expansion of the protected bike lane network, DOT would this year install a two-way protected bicycle lane along Dyckman Street in Washington Heights.

“When we came into office we promised New Yorkers we’d do everything we could to end traffic fatalities,” said Mayor de Blasio. “No loss of life on our streets is acceptable. With a dangerous surge in cyclist fatalities, we have to keep pushing the envelope and increasing our efforts. That’s what this plan is about. It’s a continuation of our promise. This time, specifically to bikers. We are here to protect you and we take that job seriously. We will not stop until we have finally reached Vision Zero.”

“Thanks to the Mayor’s leadership and the effective work of so many in the advocacy community, we are proud to present the “Green Wave” plan today,” said DOT Commissioner Polly Trottenberg. “We have assembled a long and aggressive to-do list that we think that can change this year’s tragic increase in cyclist fatalities – and encourage even more New Yorkers to get on bicycles.” 

“The Green Wave plan is a critical step forward in addressing the tragic surge in bicyclist fatalities,” said NYPD Transportation Chief Thomas Chan. “We are ramping up enforcement at crash-prone intersections, and targeting enforcement on high risk activities such as speeding, failing to yield and blocking bike lanes which directly affects bicyclist safety.”

The seventeen bicyclist fatalities so far this year represent the highest number through July of any year since the launch of Vision Zero in 2014, after a record-low 10 fatalities in all of 2018.  This year, 12 (or 71%) of this year’s cyclist fatalities have been in Brooklyn, and eight fatalities involved cyclist interactions with trucks.

The Green Wave Plan is a multi-prong, multi-agency approach to curtail bike injuries and fatalities at a time when cycling popularity is on the rise, the City continues to expand its bike network and Citi Bike is expanding into new neighborhoods and boroughs. According to DOT’sCycling in the City report 24% of adult New Yorkers ride a bike, with a half-million cycling trips made on a typical day. Citi Bike, the nation’s largest bike share system continues to grow and recently announced plans to double its footprint and triple its fleet by 2023. In the past three years the City has added an average of 62 bike lane miles per year, including over 20 protected bike lane miles.

The new plan includes the following major elements:

Create Citywide Protected Bike Lane Vision

·         To implement the Green Wave plan, the City has committed $58.4 million in new funding over the next five years, with 80 additional new staff. 

·         Build 30 miles of protected bicycle lane annually, guided by a PBL vision document. By the end of 2021, DOT will install over 80 miles of protected lanes.  These projects are currently in various stages of planning and design.

·         DOT has identified 10 Brooklyn and Queens community boards as Bike Priority Districts, which together represent 16% of community boards and 14% of the bike lane network – yet have 23% percent of all NYC’s  bicycle fatalities. DOT has committed to build 75 miles of bicycle infrastructure in these districts by 2022.

·         Spur increase in cycling mode share for safety and emissions reduction, furthering OneNYC 2050 goal that 1 out of every 10 trips in NYC be taken by bicycle.

Improve and Update Design

·         DOT will build upon innovative intersection designs with a focus on areas where the majority of fatalities occur.

·         Fifty (50) intersections will receive turn calming treatments in 2019 and where possible, protected intersection designs will be added for new projects after streets are resurfaced or reconstructed.

·         Among innovations, DOT will in 2019 pilot so-called “Green Wave,” progressive signal-timing that discourages speeding and encourages steady cycling speeds -- and it will identify other corridors for implementation in 2020.

·         Install Green Skip Bars at key intersections to increase cyclist visibility.

Expand NYPD Enforcement

·         Under the plan, the NYPD will ramp up enforcement at the 100 most crash-prone intersections and target enforcement on highest risk activities: speeding, failing to yield, blocking bike lanes, oversized trucks/trucks off route.

·         Maintain continuous citywide implementation of “Operation Bicycle Safe Passage” initiative – extending elevated enforcement of blocked bike lanes and hazardous driving violations. Since implementation of Operation Bicycle Safe Passage, NYPD has doubled enforcement of cars parked in bicycle lanes and issued more than 8,600 summons in the first three weeks of July.

·         Specialized units and precincts will increase enforcement against oversized and off-route trucks.

·         The NYPD also announced that supervisors would respond to collision sites to determine if the right-of-way laws should be applied -- and that it would also discontinue its practice of ticketing cyclists at the site of fatal cyclist crashes.

·         NYPD supports new and emerging technology for automated enforcement.

Promote Legislation and Implement Policy

·         DOT will both make new rules and work with the City Council and State Legislature in support of legislation increasing safety for cyclists and all road users. The agency will partner with various local and state agencies to advance cyclist safety.

·         Among the specifics, DOT will implement local legislation that passed the Council this week that allows cyclists to proceed on the pedestrians signal and will work with the Speaker and Council Members to pass additional legislation requiring a three-foot passing distance between car and cyclist and enhanced requirements for trucks sideguards.

·         DOT will also explore and evaluate the capabilities of existing and emerging technology for automated enforcement technologies to keep bike lanes clear, as well as enforce overweight truck restrictions, and determine the feasibility of obtaining State legislative approval for use of these technologies.

·         DOT will institute new requirements to protect cyclists around work zones, under legislation recently passed by the Council, and increase maintenance and markings inspection capacity.

·         DOT will install 2,000 bike parking spaces annually through bike corrals and issue an RFEI to evaluate the possibility of a new high-capacity bicycle parking system.

Target Trucks in Major Safety Initiative

·         DOT will work with its partners in the trucking industry to address fatalities involving trucks, which have constituted over 50% of recent cyclist fatalities.

·         DOT will convene a Vision Zero Truck Safety Task Force.

·         DOT will develop instructional videos and materials for large fleets, private sanitation companies and freight industry partners.  DOT will also expand the “Trucks Eye View” educational program.

·         DOT will implement loading zones in residential areas and evaluate curb management in commercial areas, with the expansion of the Off-Hour Deliveries program.

·         DOT will also pursue an expedited timeline for installation of side guards for all Business Integrity Commission-licensed and registered private garbage-collection vehicles.

Continued Expansion of Outreach/Helmet Safety

·         DOT will continue its use of successful media campaign to promote safety, including a focus on the “Get There” bike encouragement and safety campaign messaging through weekly events and education programming.

·         DOT will expand a companion education portion to the defensive driving and training programs at local driving schools as well as expand the citywide 7th Grade Bike Safety Program in collaboration with DOE and Bike New York.

·         DOT will also work with Citi Bike to provide free helmets to NYCHA residents who become Citi Bike members.

Record 2019 Protected Bike Lane Production, including along 7th Avenue in Bay Ridge and along Dyckman Street in Washington Heights:  The Mayor also announced that after an average of over 20 protected bike lane miles per year for the last three years, a record amount of protected bike lanes – over 25 lane miles -- would be completed in 2019, with a commitment to even more protected lane miles in 2021 and 2022.  Among this year’s projects, the Mayor today watched crews preparing new 2 miles of new bike lanes in Bay Ridge along 7th Avenue, the first-ever protected lanes in this neighborhood.

Also among those projects will be over one-half mile of protected bike lanes along Dyckman Street in Washington Heights.  After several years of community consultation and the construction of two one-way lanes, the street will be redesigned this summer with a two-way lane on the north side of Dyckman Street, a critical connector that will help complete the Manhattan Greenway.   

“The need for our licensees to share the road safely with bicyclists has never been more urgent,” said Acting TLC Commissioner Bill Heinzen. “The Taxi & Limousine Commission is updating training, outreach, and enforcement on bicycle safety to over 200,000 drivers, as well as working with our business licensees and advocates to push the safety message. It’s critical that all for-hire drivers and passengers remember to turn and look before they open their car doors, and keep the city’s bike lanes clear for their fellow New Yorkers.”

“Bicycling is a healthy and environmentally-friendly way to get around the city and the Administration’s efforts to make the streets safer for cyclists is critical to the wellbeing of every resident,” said Health Commissioner Dr. Oxiris Barbot. “Safer streets means healthier New Yorkers.”

News From Congressman Espaillat

Representative Adriano Espaillat Introduces the Federal Death Penalty Abolition Act of 2019

Rep. Adriano Espaillat, joined by seven of his colleagues, introduced comprehensive legislation repealing the death penalty for a range of criminal offenses under United States Federal Criminal Code, the Immigration and Nationality Act, the Controlled Substances Act, and the Uniform Code of Military Justice. In addition, the bill converts the sentences of those currently on death row into a sentence of life imprisonment without the possibility of parole and it further prohibits the sentencing of death as a penalty for any pending or future violations of Federal law.

“The Death Penalty is an immoral practice and it should be abolished,” said Rep. Adriano Espaillat. “I strongly believe that decisions of whether a person should live or not are not to be made by a government, let alone one such as ours that is founded on the inalienable rights of individuals.

“There are myriad reasons to oppose the death penalty. One of the most crucial is the heavy racial bias of those on death row, and the fact that death sentences are disproportionately handed out if the victim is white, but the alleged perpetrator is not. No instance better demonstrates this than the story of the Central Park Five. People on death row can be found innocent and exonerated. But if executed, there is no turning back. This uncomfortable truth has been a stain on America’s justice system for too long, and it must come to an end.

“The list of reasons to oppose the death penalty could go on, from its cost to the taxpayers to its improper use on those with mental illness. But when it comes down to it, there need only be one reason: it is morally wrong. It is wrong for a government to decide to take the life of another person as recompense for a crime committed, no matter how heinous.

“The death penalty forgets a core tenet of humanity – human beings change. Humans have an immense capacity to learn, to heal, and to grow. Executing someone denies this principle and gives no course for a human being to change. A person is not defined by the worst choice they made, but the death penalty only views someone’s life through this narrow lens. And what’s more – it undermines the core vision upon which this nation was founded.

Representative Adriano Espaillat Reiterates His Call for the Impeachment of President Donald Trump Following Mueller Testimony

President Trump Lied to the American People and He Must Be Held Accountable

Representative Adriano Espaillat  reiterated his call to impeach President Donald Trump. In light of Special Counsel Robert Mueller’s testimony before Congress, Rep. Espaillat released the following statement:

“As an original cosponsor of the first resolution calling for the impeachment of Donald J. Trump, I reiterate my support for holding him accountable as he has obstructed justice, violated the Constitution, and undermined the independence of our nation’s judicial system,” said Rep. Espaillat. “I have long believed that Donald Trump was unfit for the highest office in our land for a number of reasons, and I believe the evidence laid out in Special Counsel Robert Mueller’s report, followed by his testimony to Congress, has bolstered this belief and the next steps we must take in order to hold President Trump accountable.

“During his testimony, former Special Counsel Mueller presented the American people an opportunity to hear from him firsthand about his investigation into Russia’s interference in our election and President Trump’s efforts to obstruct justice. Mr. Mueller stated clearly that his report does not exonerate President Trump, and that his investigation did find evidence that the President obstructed justice, it was not a witch hunt. 

“Mr. Mueller’s report uncovered the truth behind one of the most serious attacks on our democracy in our history and revealed that Russia waged an all-out, systematic assault on the 2016 elections to benefit Donald Trump.  Trump and his campaign team eagerly welcomed and even encouraged this attack and took calculated steps to obstruct the investigation and cover up the truth about their involvement with Russia.

“I continue my calls for impeachment because it is without a doubt that the Trump Administration has engaged in unparalleled abuses of power and corruption while hiding the truth from the American public.  President Trump said he would again accept campaign help from the Russian government to win the 2020 election, and he equates working with Russia as a form of diplomacy. The fact that the President would undermine our democracy, betray our country, and jeopardize our national security to accept assistance from a foreign adversary to disrupt our elections should alarm all Americans.

“Donald Trump, aided by Attorney General Barr and his Republican allies, has become increasingly defiant in the face of legitimate oversight authority vested in Congress.  No individual is above the law, not even the president of the United States, and if the only way to hold Donald Trump accountable is through impeachment, then that is what we are obligated to do.”

AUGUST 8TH, SOUTH BRONX TOWN HALL WITH STATE SENATOR ALESSANDRA BIAGGI

YOU MUST RSVP AT bit.ly/TownHall8-9 TO RESERVE A SEAT. PREFERENCE FOR RSVPs WILL BE GIVEN TO RESIDENTS OF DISTRICT 34 AND THE SOUTH BRONX.

Albany Office: 188 State Street, Legislative Office Bldg Room 905 Albany, NY 12247 518-455-3595

District Office: 1250 Waters Place, Tower 1 Suite 1202 Bronx, NY 10461 718-822-2049

SIXTH ANNUAL SENIOR HEALTH FAIR HOSTED BY SENATOR RIVERA & ASSEMBLY MEMBER PICHARDO AT MONROE COLLEGE

State Senator Gustavo Rivera and Assembly Member Victor M. Pichardo hosted their 6th Annual Senior Health Fair at Monroe College's Mintz Auditorium. The event, part of Senator Rivera's Bronx CAN Health Initiative, gathered more than 150 seniors who filled the college's auditorium to enjoy a summer afternoon filled with music, delicious and nutritious food and fun raffles. Further, seniors received useful health-related information and free health screenings from the 19 participating governmental agencies and nonprofit organizations.

Top: Senator Rivera and Assemblymember Pichardo with a group of seniors.  Middle: Senator Rivera with representatives of participating partner organizations.  Middle: Senator Rivera giving out a raffle prize to a senior.  Bottom: Panoramic view of Monroe College's Mintz Auditorium during the celebration of Senator Rivera and Assemblymember Pichardo's 6th Annual Senior Health Fair.

NEW YORK POLICE OFFICERS SHOULD BE RESPECTED

What You Should Know

By Councilman Rev. Ruben Diaz

District 18, Bronx County

You should know that more and more incidents are being reported of people throwing water at New York Police Department officers while on duty, as if it’s some sort of game or challenge. We have all seen news reports and videos that have gone viral showing that not only are our police officers being doused with water, but they are also being hit with the empty buckets while onlookers jeer.

This is reprehensible and I have never seen anything like it.

You should already know that since 2014, the online Ice Bucket Challenge has been played by people who agree to have ice water dumped on their heads, but this is to raise money for ALS awareness and it’s all done in good fun. What is taking place in New York City is nothing at all like the ALS Ice Bucket Challenge game, and it must stop.

It pains me to see how New York City has become a safe haven to celebrate disrespect and humiliate NYPD officers by drenching them with water and throwing empty buckets at their bodies. Our NYPD officers place their lives on the line every day and deserve respect, not humiliation.

It is important for you to know that as an elected official in New York City Council 18th District, as the Pastor of the Christian Community Neighborhood Church, and as the President of the New York City Hispanic Clergy Organization, I do not support New York City’s anti-cop climate, and I have not and will not turn my back on our police officers.

I urge all our of parents and caretakers to discourage this kind of defiant behavior, to teach the next generation that it is not acceptable, and nothing to laugh at.

If there is any assistance I can provide or my Church can provide or the New York Hispanic Clergy Organization can provide to help strengthen community relations with the NYPD, please know that I am just a phone call away.



I am Reverend Rubén Díaz, Sr. and this is what you should know.

STATEMENT FROM MAYOR DE BLASIO ON DEATH OF NYPD OFFICER

“Last night our city mourns at the news that we’ve lost another NYPD officer to suicide. These tragedies cannot continue. We cannot lose any more of our officers. We cannot leave parents, spouses and children at home waiting for loved ones who will not return. 

“I want to say as loudly and clearly as I can: it is okay to ask for help. If you or a loved one is in need: ask. Your whole city stands in support of you ready to answer the call.”

If you or someone you know is in need of support, please reach out:

NYPD Employee Assistance Unit 646-610-6730 

NYPD Chaplains Unit 212-473-2363 

POPPA (Police Organization Providing Peer Assistance) 888-267-7267 

NYPD Crisis Text Line Text BLUE to 741741 

NYC WELL 1-888-NYC-WELL

Additionally, this year, the NYPD is launching a peer counseling program in every precinct.

Iowa Man Charged With Making Threats To Manhattan-Based Jewish Organization

  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 James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of a complaint charging GARRETT KELSEY with sending threats to a Manhattan-based Jewish organization (the “Victim Organization”) by email and phone.  KELSEY was arrested in Cedar Rapids, Iowa, this morning and is expected to be presented before a Magistrate Judge in the Northern District of Iowa. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Garrett Kelsey repeatedly conveyed obscenity-laden and hate-filled threats to a Jewish organization by phone and email.  The alleged conduct is not protected speech.  As charged, the conduct – making interstate threats – is a federal crime punishable by years in prison.”

FBI Assistant Director William F. Sweeney Jr. said:  “The FBI will always follow threats that cross the line of free speech and threaten the safety of individuals and groups, especially when those threats are based on a religion or race.  The fact that Mr. Kelsey allegedly continued his threatening behavior even after being informed that his previous actions were not protected speech makes his actions more abhorrent.”

Police Commissioner James P. O’Neill said:  “The investigative efforts of New York City law enforcement are relentless and far-reaching.  Whenever individuals – wherever they are based – pose a threat, the NYPD and our partners will work tirelessly to keep people safe.  I thank our colleagues at the FBI and the Southern District for their partnership.”

As alleged in the Complaint unsealed today in Manhattan federal court[1]:

In late May 2019, KELSEY made violent threats by phone and email to the Victim Organization.  On May 23, KELSEY called the Victim Organization and spoke briefly with one of its employees.  A short time later, KELSEY called that employee’s number back and left a voicemail for the Victim Organization stating, “My people have fucking slaughtered your fucking people before and we will do it again. And right now, you are giving us incentive to do that . . . . Filthy fucking Jews.” 

Later that same day, KELSEY sent the Victim Organization an email demanding that the Victim Organization remove a video about Nordic Neo-Nazis that the Victim Organization had uploaded to the Internet.  KELSEY wrote: “Everywhere Jews go in the world they cause trouble. You have 3 days to remove this video and offer an apology to the Asatru community or we will be taking action against your organization full of degenerates.”  “Asatru” appears to have been a reference to a religious movement recently linked to anti-Semitic and other racist groups.

The next day, KELSEY participated in a voluntary interview with law enforcement, during which he admitted to sending the threatening email and voicemail to the Victim Organization. 

Approximately one week after his voluntary law enforcement interview, KELSEY changed the cover photograph associated with his Facebook account.  The new cover photograph depicted Jewish residents of a ghetto in Warsaw, Poland, lined up facing a wall with their hands up.  Those residents were detained after an uprising during World War II and ultimately were transferred to Nazi concentration camps.

KELSEY, 31, of Cedar Rapids, Iowa, is charged with one count of interstate transmission of threats to injure a person, which carries a maximum sentence of five years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the New York City Police Department.  Mr. Berman also thanked the U.S. Attorney’s Office for the Northern District of Iowa.  Mr. Berman noted that the case is ongoing.

This case is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant United States Attorney Stephanie Lake is in charge of the prosecution.

The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.       

[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.

Manhattan U.S. Attorney Files Lawsuit Against Spinal Implant Company, Its CEO, And Another Executive For Illegally Paying Millions Of Dollars In Kickbacks To Surgeons In Exchange For Using Its Products

Suit Alleges Approximately Half of Company’s Spinal Product Sales Were for Procedures Performed by Surgeons Who Received Payments from Company

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Scott J. Lampert, Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General (“HHS-OIG”), announced today that the United States has filed a civil healthcare fraud lawsuit against LIFE SPINE INC. (“LIFE SPINE”), MICHAEL BUTLER, the founder, president, and chief executive officer of LIFE SPINE, and RICHARD GREIBER, the vice president of business development of LIFE SPINE.  The Government’s complaint seeks damages and civil penalties under the False Claims Act for paying kickbacks in the form of millions of dollars of consulting fees, royalties, and intellectual property acquisition fees to surgeons to induce them to use LIFE SPINE’s spinal implants, devices, and equipment.  The lawsuit alleges that the surgeons who received these payments accounted for approximately half of LIFE SPINE’s total domestic sales of spinal products from 2012 through 2018.  As set forth in the complaint, these payments violated the Anti-Kickback Statute and, as a result of this unlawful conduct, LIFE SPINE, BUTLER, and GREIBER caused hospitals and surgeons to submit false claims for payment to Medicare and Medicaid. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Life Spine and its senior management flagrantly ignored the law by paying surgeons millions of dollars in fees and royalties to get them to use Life Spine products during spinal surgeries.  Kickbacks to doctors can alter or compromise their judgment about the medical care and services to provide to patients, and can increase healthcare costs.  This office will continue to hold companies and the people who run them accountable when they make improper payments to doctors.”

FBI Assistant Director William F. Sweeney Jr. said:  "Cases like this are why patients sometimes distrust the care they receive because they don’t know if it’s what the doctor actually thinks, or if there is a company pushing a new drug or new device.  People seeking medical treatment are dependent on the advice they get, they don’t have the expertise to question the doctors.  The FBI does all it can to stop those companies who overlook the patient who is just hoping to get better, and only sees the dollar signs.”

HHS-OIG Special Agent in Charge Scott J. Lampert said:  “Paying kickbacks to physicians as a means to boost company profits, as alleged in this case, compromises medical judgement and drives up healthcare costs.  Our agency, working closely with our law enforcement partners, will continue to investigate such illegal activities.”

The following allegations are based on the Complaint that was filed in Manhattan federal court and unsealed today: 

LIFE SPINE is a Delaware corporation with its principal place of business in Huntley, Illinois.  LIFE SPINE designs, develops, manufactures, and markets medical devices and equipment primarily used in spinal surgeries performed by orthopedic surgeons and neurosurgeons, including implants and instruments (“Life Spine Products”).  BUTLER is the founder, president, and chief executive officer of LIFE SPINE and is its majority shareholder.   BUTLER was closely involved in overseeing the operations of LIFE SPINE.  From 2012 to 2015, GREIBER was involved in selecting and approving surgeons who served as paid “consultants” for LIFE SPINE.

LIFE SPINE paid surgeons to induce them to use Life Spine Products during their surgeries.  LIFE SPINE aggressively recruited surgeons who had the potential to use a high volume of Life Spine Products to enter into agreements to serve as paid consultants and/or to transfer their patents/patent applications to LIFE SPINE in exchange for payments and promised support to bring the surgeons’ new products to market.  LIFE SPINE tied these agreements and the associated payments – as well as the company’s continued commitment to devote resources to the surgeons’ product development projects – to the surgeons’ usage of Life Spine Products.  LIFE SPINE and BUTLER expected surgeons to commit to using Life Spine Products at a certain level in exchange for the consulting fees, royalties, and intellectual property acquisition fees paid to them. 

LIFE SPINE, with the knowledge, involvement, and participation of BUTLER and GREIBER, entered into agreements with dozens of surgeons.  These agreements included medical education agreements under which the surgeons were paid to provide training and/or educational services; product development agreements under which the surgeons were paid to purportedly provide input on new products and then would receive royalties on future sales of the product; and intellectual property agreements under which the surgeons were paid large up-front acquisition fees for their patents/patent applications and then would receive royalties on sales of any products developed based on the patents.  Life Spine paid surgeons millions of dollars in consulting fees, royalties, and intellectual property acquisitions pursuant to these agreements.

BUTLER informed LIFE SPINE staff that he expected surgeons who were paid for their consulting services to commit to using Life Spine Products.  LIFE SPINE’s senior management, including BUTLER, closely tracked surgeons’ usage of Life Spine Products to ensure that the payments to surgeons were generating sufficient sales revenues for the company and that the surgeons were fulfilling their “commitment” to use Life Spine Products.  LIFE SPINE went so far as to generate a report that compared surgeon consulting, royalty, and intellectual property payments to surgeon product usage levels, and then calculated an “ROI” (return on investment) for each surgeon based on those figures.  If a surgeon’s usage was too low, LIFE SPINE managers, including BUTLER, pressured the surgeon to use more Life Spine Products during his or her surgeries.

The kickback scheme was successful.  Surgeons who received payments from LIFE SPINE accounted for approximately half of LIFE SPINE’s total domestic sales of spinal products between 2012 and 2018.  Most of these surgeons substantially increased their usage of Life Spine Products after entering into agreements with LIFE SPINE.  These surgeons used Life Spine Products during procedures performed on Medicare and Medicaid patients, which resulted in the submission of kickback-tainted false claims to Medicare and Medicaid.

The Government intervened in a private whistleblower lawsuit before Judge Jed S. Rakoff that had previously been filed under seal pursuant to the False Claims Act.

Mr. Berman thanked the FBI and HHS-OIG for their assistance with the cas