Monday, August 5, 2019

Florida Man Sentenced In Manhattan Federal Court To 20 Years In Prison For Mailing 16 Improvised Explosive Devices In Connection With October 2018 Domestic Terrorist Attack


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and John C. Demers, Assistant Attorney General for National Security, announced today that CESAR ALTIERI SAYOC was sentenced today to 20 years in prison in connection with his mailing of 16 improvised explosive devices to victims across the country.  SAYOC pled guilty to a 65-count Superseding Information on March 21, 2019, before U.S. District Judge Jed S. Rakoff, who also imposed today’s sentence. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Cesar Sayoc assembled and mailed explosive devices to high-ranking officials and former elected leaders to incite fear and to terrorize his victims.  Though thankfully no one was hurt by his actions, Sayoc’s domestic terrorism challenged our nation’s cherished tradition of peaceful political discourse.  For his wanton disregard of the safety of so many people, Sayoc will now spend 20 years in prison.”
Assistant Attorney General for National Security John C. Demers said:  “Time and again, we have seen individuals attempt to express political views and resolve political disagreements through violence.  Cesar Sayoc has now been sentenced for acts of domestic terrorism that are repulsive to all Americans who cherish a society built on respectful and non-violent political discourse.  Our democracy depends on our debating our strongly held views peacefully and respectfully, and when someone does not, on our prosecuting and punishing those who do not abide by these values.  I applaud the efforts of so many in our law enforcement community whose alertness and tirelessness led to the prompt arrest of the defendant before he was able to injure anyone, as well as those whose efforts led to today’s sentence.”
According to the Superseding Information, court filings, and statements made during court proceedings: 
In October 2018, SAYOC mailed from Florida 16 padded envelopes, each containing an improvised explosive device (“IED”), to addresses in New York, New Jersey, Washington, D.C., Delaware, Georgia, and California.  In alphabetical order, SAYOC’S intended victims (the “Victims”) were former Vice President Joseph Biden, Senator Cory Booker, former CIA Director John Brennan, former Director of National Intelligence James Clapper, former Secretary of State Hillary Clinton, CNN, Robert De Niro, Senator Kamala Harris, former Attorney General Eric Holder, former President Barack Obama, George Soros, Thomas Steyer, and Representative Maxine Walters.  Between October 22 and November 2, 2018, the Federal Bureau of Investigation (“FBI”) and the U.S. Postal Service recovered all of the 16 IEDs mailed by SAYOC.
Each of the IEDs mailed by SAYOC contained a mix of explosive powder from fireworks, shards of glass, and pool chemicals, designed to maximize potential injuries, damage, and the burning of his intended Victims’ skin.  On the outside of each IED, SAYOC placed photographs of each of the Victims, and sometimes their families and others, with a red “X” over their faces.  SAYOC also affixed black flags, similar in appearance to banners used by ISIS and other foreign terrorist organizations, to the outside of the IEDs.    
SAYOC had posted incendiary comments about liberal political figures online since at least 2011.  In the months prior to mailing the IEDs, SAYOC incited violence against the Victims, conveyed direct threats against them, and researched where and how to carry out his attack.  For example, in April 2016, he wrote that former President Barack Obama’s “head need[ed] to be chopped off” and he wished “death” to George Soros and former Attorney General Eric Holder.  In April 2017, SAYOC wished “Death” to “all Clintons” and in November 2017 posted “Your days are number[ed] Steyer[].”  Beginning in December 2017, SAYOC researched the Victims and their addresses.  For example, on December 23, 2017, SAYOC searched for the address of Congresswoman Maxine Waters, and, over the course of the ensuing months, SAYOC repeatedly searched for the “home address” or “address” of several of the Victims, and SAYOC intensified these searches in the days before his attack.  Finally, SAYOC researched online how to make a “letter bomb” and watched videos depicting explosions.    
The FBI arrested SAYOC in Plantation, Florida, on October 26, 2018—less than five days after the October 22 recovery of the first IED, which SAYOC mailed to Soros in New York. 
In addition to his prison sentence, SAYOC, 57, of Florida, was sentenced to five years of supervised release.
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, and the U.S. Postal Inspection Service.  Mr. Berman also thanked the U.S. Attorney’s Offices for the Southern District of Florida, the District of Columbia, the District of Delaware, the District of New Jersey, the Central District of California, the Eastern District of California, the Northern District of California, and the Northern District of Georgia for their assistance in the investigation.  

Manhattan U.S. Attorney Announces Settlement With Construction Company For Underpaying Workers And Submitting False Payroll Reports On Two Federally Funded Projects


Nagan Construction, Inc., Admits Submitting Certified Payroll Records that Misrepresented the Type of Work Performed by Employees and Agrees to Pay Workers Back Wages

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Mark H. Watson Jr., U.S. Department of Labor (“DOL”) Wage and Hour Division Northeast Regional Administrator, announced today a settlement of a civil fraud lawsuit against NAGAN CONSTRUCTION, INC. (“NAGAN”), a construction contractor based in Inwood, New York, for underpaying workers on two federally funded construction projects and submitting false certified payroll reports that misclassified thousands of hours of work performed by these workers.  The United States’ Complaint alleges that NAGAN violated federal prevailing wage requirements by paying 20 employees the wage rate applicable to “laborer” work – which typically involves unskilled tasks such as cleaning and transporting materials and equipment – when the employees had performed skilled work, such as carpentry and bricklayer tasks, which entitled them to a substantially higher wage rate. 

As part of the settlement approved by U.S. District Judge Analisa Torres, NAGAN has agreed to pay the United States a sum of $435,000, $242,375.60 of which will be distributed to the current and former NAGAN employees who were underpaid.  In addition, NAGAN admitted and accepted responsibility for conduct alleged in the Complaint, including underpaying its employees and improperly misclassifying thousands of hours of work they performed.  NAGAN also agreed to implement specific measures designed to ensure future compliance with applicable federal prevailing wage laws, including conducting periodic internal compliance audits and ensuring that supervisors are fully trained on federal labor standards. 
Manhattan U.S. Attorney Geoffrey S. Berman said:  “On two large construction projects funded by the government, Nagan Construction violated federal labor laws – as well as its contracts – by failing to pay skilled employees the wages they were owed and then falsely describing the nature of the employees’ work in reports submitted to the government.  This office will hold companies accountable when they cheat workers out of the wages they rightfully earn and then submit false reports to the government to justify the lower wage rate.”   
DOL Wage and Hour Division Regional Administrator Mark H. Watson Jr. said: “Federal contractors must properly classify their employees and pay them the correct required rates and benefits.  Not doing so not only denies workers their hard-earned wages, it also places law-abiding employers at a competitive disadvantage.  The U.S. Department of Labor will utilize all available legal options and work cooperatively with our fellow law enforcement agencies to hold those who commit violations accountable.  We encourage all employers to reach out to us for guidance, and to use the wide variety of tools we provide to help them comply with the law and avoid violations like those found in this case.”         
The Davis-Bacon Act (the “DBA”) requires workers on federally funded construction projects in excess of $2,000 to be paid the local “prevailing wage.”  The DOL issues wage determinations setting forth the applicable local prevailing wages for different work classifications on a project.  The DBA requirements and applicable wage determinations are incorporated into project contracts.  The construction contractor must submit certified payroll records to the federal contracting agency reflecting the employees who worked on a project each day, the hours each employee worked, the classification of the work performed, and the rate and total amount each employee was paid.
As alleged in the Complaint filed in Manhattan federal court:
In 2012, NAGAN entered into a contract with the United States Merchant Marine Academy (“USMMA”) to renovate a dining facility called Delano Hall located in Kings Point, New York (the “Delano Hall Project”).  In 2014, NAGAN entered into a contract with the DOL to renovate the South Bronx Job Corps Center located in Bronx, New York (the “Job Corps Center Project”).  NAGAN served as the prime contractor on the Delano Hall Project and the Job Corps Center Project, which were completed in or about March 2015 and February 2018, respectively.
During the course of the projects, NAGAN submitted monthly reports to the USMMA and the DOL requesting payment and describing the work performed during the month.  NAGAN regularly submitted false certified payroll reports that misclassified thousands of hours of skilled work as “laborer” work.
NAGAN knowingly underpaid 20 employees working on the two projects and failed to pay them the prevailing wages they were entitled to based on the nature of the work the employees performed.  NAGAN routinely paid its employees the wage rate applicable to “laborer” work – which typically involves unskilled tasks such as cleaning and transporting materials and equipment – when in fact the employees had performed skilled work, such as carpentry and bricklayer tasks.  The prevailing wage rates for carpentry, bricklayer, and other skilled work were substantially higher than the wage rate for laborer work on both projects.
In the settlement agreement, NAGAN admits, acknowledges, and accepts responsibility for the following conduct:
  • NAGAN’s president and CEO, as well as other senior NAGAN managers, were aware of the requirement to pay workers the prevailing wage rates listed in the applicable wage determinations.
  • NAGAN underpaid 20 employees who worked on the Delano Hall Project and the Job Corps Center Project.  NAGAN improperly misclassified thousands of hours of the work these employees performed on the two projects.  NAGAN paid these employees for this work using the prevailing laborer wage, instead of the higher prevailing wage to which they were entitled for the carpentry, bricklayer, and other skilled work the employees had actually performed.
  • NAGAN failed to adequately train its supervisors and managers on how to properly classify work in order to comply with DBA requirements.
  • NAGAN failed to implement effective systems and mechanisms to verify that the company properly classified its employees and consistently paid them the correct prevailing wage as required by federal law.
In connection with the filing of the lawsuit and settlement, the Government intervened in a private whistleblower lawsuit that had been filed under seal pursuant to the False Claims Act.
Mr. Berman thanked DOL’s Wage and Hour Division for its investigative efforts and significant assistance with the case.

3rd Annual City-Wide Riders Respond Transit Tour Kick-Off


 Join Council Member Ydanis Rodriguez, Speaker Corey Johnson, Assemblymember Jeffrey Dinowitz, Transportation Alternatives, The University Student Senate, The New Sanctuary Coalition, Riders Alliance, and community activists as they Kick-Off the Third Annual Riders Respond Transit Tour. Last year, Council Member Ydanis Rodriguez alongside Speaker Corey Johnson, and numerous elected officials surveyed hundreds of New Yorkers and asked them about the issues affecting them while riding the New York's subway system. This year, with an even broader list of elected officials on all levels of government, we are determined to find solutions to pressing issues affecting all New York commuters.

Van Courtlandt Park 242st; (1) Train Station Platform
 Wednesday August, 7th; 6:45AM

  
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TOWN HALL (Bronx) - Weds., Aug. 7 @10:30 a.m. - How NYC Schools Can Better Address Childhood Trauma


You're invited to join Legal Services NYC for a Town Hall discussion on Wednesday, Aug. 7 at 10:30 a.m. at the Bronx Museum of the Arts where elected officials, school administrators, parents, advocates, and mental health providers will discuss how NYC schools can better address childhood trauma. RSVP herewww.bit.ly/bronxtownhall. Flyer below.

Town Hall includes:


·         Mental health experts discussing impact of childhood trauma on learning and development
·         Parents and students sharing their experiences with trauma and how school interactions helped or hurt
·        School administrators explaining their approach to addressing trauma and challenges

Background

Failing to address students' trauma is not a new problem for NYC schools. Legal Services NYC recently filed a federal lawsuit against the NYC Dept. of Education on behalf of four female students of color when schools failed to take action after students reported sexual assaults. Their schools also failed to address the resulting trauma, which studies show can produce measurable cognitive, neurological, and behavior effects that impede academic performance. Legal Services NYC also sued the DOE back in 2013 for unnecessarily removing children with behavioral issues from schools via Emergency Medical Services (EMS) because staff lacked the training to appropriately assist or calm children.

Please join us for this important discussion about how NYC schools can better ensure that students with trauma are getting the support, services, and education they deserve. 


The Bronx Democratic Party - Bronx events not to miss


3rd Annual Back to School Event
When:  Friday, 8/9/19 from 3pm-6pm
Where: Dawson Street between Longwood Avenue & Intervale Avenue, Bronx, NY 

Free book bags, school supplies, food and entertainment! Please note: All minors must be accompanied by an adult in order to receive a book bag. 



Family Fun Day
When:  Saturday, 9/7/19 from 11am-2pm
Where: 1377 Jerome Avenue, Bronx, NY 10452

Come out for a fun day with the family! Enjoy good food, a bouncy house, games and face painting!



Bronx Chamber of Commerce SummerFest Mixer is Thursday, August 8th at the Residence Inn in the Hutch Metro Atrium


Join us this Thursday for the Bronx Chamber of Commerce SummerFest Mixer.
Our Networking Event for the Palate!
Sample food from thirteen of the finest Bronx eateries.
Eat! Meet! Greet! See you then!

National Night Out Tuesday August 6th - Locations by Precinct