DE BLASIO ADMINISTRATION FILES LAWSUIT AGAINST UNITED STATES POSTAL SERVICE TO END ILLEGAL SHIPMENT OF CIGARETTES THROUGH INTERNATIONAL MAIL FACILITIES NATIONWIDE

Postal Service delivers hundreds of thousands of cartons of cigarettes annually, costing New York City and States nationwide tens of millions of dollars in tax revenues

  Mayor Bill de Blasio, Acting Corporation Counsel Georgia M. Pestana, and New York City Sheriff Joseph Fucito today announced the filing of a joint lawsuit with California Attorney General Xavier Becerra against the United States Postal Service (USPS) for illegally shipping hundreds of thousands of cartons of cigarettes to postal customers throughout the country in violation of federal law.

“Cigarette smuggling doesn’t just break the law – it endangers the health of countless Americans and enriches terrorists and organized crime,” said Mayor Bill de Blasio. “Yet despite all of this, our nation’s own postal service has ignored the practice and enabled one of the biggest killers in our country. It needs to end, and we intend to be the ones to end it.”

“The Postal Service has turned a blind eye to the illegal shipment of cigarettes through its facilities, undermining our health laws and causing millions of dollars of tax losses to New York City,” said Acting Corporation Counsel Georgia M. Pestana. “Further, the USPS Inspector General has warned the agency that its policy of returning contraband packages to senders instead of destroying them is in conflict with the law and allows cigarette sellers simply to try again to have their cigarettes delivered. We are asking the Court for relief, including that these illegal practices be halted.”

“Trafficking in untaxed cigarettes causes problems beyond lost revenue, said New York City Sheriff Joseph Fucito. “It is a keystone offense that bridges organized crime, terrorism and health problems that can affect every New Yorker. The words and deeds of government entities needs to be congruent with the law.”    

According to the complaint, the federal Prevent All Cigarette Trafficking (PACT) Act that became law in 2010 has deterred domestic cigarette sellers from mailing cigarettes to buyers, but international vendors less subject to U.S.-based enforcement efforts have become a major source of contraband cigarettes delivered through the USPS. 

Package audits conducted by a task force of federal, state and City investigators at the John F. Kennedy International Mail Facility in 2018 revealed parcels containing more than 100,000 cartons of cigarettes destined for 48 states.  The packages originated from Vietnam, China, Israel, and other overseas locations. Most packages were headed to California and New York. Based on those estimates, USPS may be shipping as many as 600,000 cartons – six million packs – of cigarettes to California each year, resulting in an annual tax loss of more than $19 million. An estimated 500,000 cartons – five million packs of cigarettes – are estimated to be delivered annually to New York City and New York State, resulting in annual tax losses of over $21 million. 

Congress has found that cigarette trafficking provides income to organized crime and terrorist groups. The 2018 audits contained packages of cigarettes sent by an overseas commercial shipper whose U.S. affiliates had been convicted of a variety of federal crimes related to cigarette trafficking. In 2015, the USPS had been notified that this overseas seller was illegally mailing cigarettes, but the deliveries continued as revealed by the 2018 audit.

The complaint says USPS fails to use a list of known commercial cigarette shippers provided by the U.S. Department of Justice to block shipments, and packages continue through the mail even when the contents are labeled as “cigarettes.”  When USPS workers do identify contraband cigarettes, the parcels are returned to the shipper, allowing shippers to simply resend their packages, a policy criticized by the USPS Inspector General.

Cigarette smoking is one of the biggest causes of preventable premature death in the United States. Smoking annually kills more than 480,000 people nationwide, including 26,000 New Yorkers, a figure that exceeds the combined number of deaths from alcohol, motor vehicle collisions, and firearms. According to the World Health Organization, the high taxes on cigarettes that trafficking evades are the most effective policy intervention for deterring cigarette smoking, especially among young New Yorkers.

The investigations were conducted by the federal Bureau of Alcohol Tobacco Firearms and Explosives, the New York City Sheriff’s Office and the California Department of Justice. 

The joint City-California complaint was filed in federal court in Brooklyn and seeks, among other relief, a permanent injunction prohibiting the USPS from delivering packages known or reasonably believed to contain cigarettes.

The complaint is being handled by Eric Proshansky and Hope Lu of the NYC Law Department’s Affirmative Litigation Division.

“Accepting and delivering contraband cigarettes is not only a health hazard for our citizens but a detriment to our state’s economy,” said California Attorney General Xavier Becerra. “The California Department of Justice will remain vigilant in pursuing contraband cigarettes that are smuggled into California.”

Alexandria Ocasio-Cortez - My next endorsement:

When I first announced my campaign for Congress, people told me it wasn’t possible for someone like me to run and win. They said we couldn’t raise enough money or earn the endorsements needed to unseat a powerful incumbent.

We proved them wrong. We showed that the grassroots could beat the big money and establishment insiders. This year, I became the youngest woman to serve in Congress — and I want another young progressive woman to shatter that record in 2020.

That’s why I’m proud to endorse Jessica Cisneros for Congress. She’s a progressive fighter running up against an entrenched incumbent. She can’t win this race on her own — but with the people behind her, she’ll be unstoppable. That’s why I’m asking you to help her right now:

Jessica was born and raised in the border town of Laredo. The daughter of immigrant farmworkers, she grew up watching her parents work hard but still struggle to get by. While her parents fought to keep their small business afloat, she saw firsthand how many of the laws written in D.C. weren’t written to protect people like her. And she noticed that the people elected to represent her were more accountable to corporate donors than to the members of her community.

Just like us in 2018, Jessica is running against a powerful incumbent as an unapologetic advocate for her community. Her opponent, Henry Cuellar, has more than $3,000,000 in his campaign bank account, and these funds aren’t coming from the grassroots. They’re coming from corporate PACs, Big Oil, and private prison corporations like GEO Group.

I need your help to bring Jessica to Congress so we can fight together for a Green New Deal, Medicare for All and fixing our broken immigration system. Together we can shift the center of gravity in Congress away from the privileged, powerful few and towards the many.

Pa'lante,

Alexandria Ocasio-Cortez

TRICK OR TREAT WITH SENATOR BIAGGI

TRICK OR TREAT IN DISTRICT 34! Come celebrate Halloween 2019 with State Senator Alessandra Biaggi – stop by our district office for candy and other goodies! WHEN: Thursday, October 31st 2019 | 2:30PM - 3:30PM. WHERE: 3190 Riverdale Avenue, Suite 2, The Bronx NY 10463.

New Bronx Chamber of Commerce - Trick or Treat Halloween 2019

Yonkers Man Charged With Attempted Murder Of A Special Deputy United States Marshal

  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”), Michael Greco, the United States Marshal for the Southern District of New York (“USMS”), and John Mueller, Commissioner of the Yonkers Police Department (“YPD”), announced charges today against MICHAEL CABON for attempting to murder a federal law enforcement officer.  The defendant was presented in White Plains federal court this afternoon before United States Magistrate Judge Lisa Margaret Smith.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, the defendant brazenly used deadly force against law enforcement seeking to effectuate a routine warrant.  This incident is a solemn reminder of the dangers our law enforcement partners face each and every day.  We will work tirelessly to ensure that those who put them in harm’s way face justice.”

FBI Assistant Director William F. Sweeney Jr. said:  “People in this country break the law every day, and as law enforcement we are charged with investigating those crimes and holding those criminal accountable.  We assume the physical risks when carrying out court ordered actions, but no one should lose their lives while those actions take place.  I’m relieved this situation did not turn deadly which is a credit to the professionalism of the arresting officers and agents who were on scene.”

United States Marshal Michael Greco said:  “This incident involving members of the U.S. Marshals NY/NJ Regional Fugitive Task Force, highlights the inherent dangers often facing our deputies and task force officers in the performance of their duties.  Nevertheless, these courageous and dedicated law enforcement officers continue to uphold their sworn duty in the pursuit of justice without hesitation.”

Yonkers Police Commissioner John Mueller said:  “Every officer knows the risks and dangers inherent to law enforcement work but still goes out every day into the world to do the complex and difficult job of keeping us safe. When an officer is assaulted, it is an attack upon our community, our residents, our society, and will be met with swift justice. I am grateful and relieved that the victim will recover and extremely proud of him and the officers at scene; despite being faced with deadly force, they took the defendant into custody and delivered him into the criminal justice system where he must now answer for his acts.”

As alleged in the Complaint[1]:

On October 18, 2019, a joint operation between the U.S. Marshals New York/New Jersey Regional Fugitive Task Force and local law enforcement sought to arrest CABON on a bench warrant issued by a Yonkers City Court Judge.  In the course of that arrest, CABON wielded knives in both hands and attempted to stab arresting officers, including a Special Deputy United States Marshal (“Victim-1”).  CABON successfully stabbed Victim-1 before being restrained and arrested by other officers.  Victim-1 was immediately rushed to a nearby hospital and treated for his injuries. 

CABON, 29, of Yonkers, New York, is charged with one count of attempting to murder a federal officer and one count of using a deadly weapon to interfere with the performance of a federal officer’s official duties.  Each count carries a maximum sentence of 20 years in prison.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the FBI’s Westchester County Safe Streets Task Force, which comprises Special Agents and Task Force Officers from the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Probation, New York State Police, New York City Police Department, Westchester County Police Department, Westchester County District Attorney’s Office, Yonkers Police Department, Mount Vernon Police Department, Peekskill Police Department, Greenburgh Police Department and New Rochelle Police Department.  He also thanked the Westchester County District Attorney’s Office for their assistance.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Complaint and the descriptions of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation

Manhattan U.S. Attorney Announces Forfeiture Of North Korean Cargo Vessel

  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 the entry of a judgment of forfeiture regarding the M/V Wise Honest (the “Wise Honest”), a 17,061-ton, single-hull bulk carrier ship flagged in the Democratic People’s Republic of Korea (“DPRK” or “North Korea”).  The Wise Honest, one of the largest North Korean-flagged vessels, was used to conduct large illicit shipments of coal from North Korea and to import heavy machinery back to the DPRK.  Payments for maintenance, equipment, and improvements of the Wise Honest were made in U.S. dollars through unwitting U.S. banks, in violation of U.S. law and United Nations Security Council resolutions. 

U.S. Attorney Geoffrey S. Berman said:  “Today’s judgment of forfeiture finalizes the U.S. government’s seizure of the Wise Honest and officially takes this North Korean vessel out of commission.  It will no longer be used to further a criminal scheme.  Using the full set of tools at our disposal, we will continue to investigate and prosecute attempts to evade U.S. sanctions, including by the North Korean regime.”

Assistant Attorney General for National Security John C. Demers said:  “This order of forfeiture sinks the Wise Honest’s career as one of North Korea’s largest sanctions-busting vessels.  The Department of Justice will continue to pursue other property used to violate U.S. and international sanctions, around the globe, with the cooperation of our international partners.”

According to documents filed in Manhattan federal court:

Pursuant to the International Emergency Economic Powers Act (“IEEPA”) and the North Korea Sanctions and Policy Enhancement Act of 2016 (“NKSPEA”), the DPRK and individuals or entities that the Department of the Treasury, Office of Foreign Assets Control (“OFAC”) has determined are involved in the facilitation of proliferation of weapons of mass destruction (“WMDs”) are prohibited from engaging in transactions with U.S. persons, involving U.S.-origin goods, or using the U.S. financial system.  The United Nations Security Council has similarly prohibited the provision of goods, technology, and services to North Korea, including the sale, supply, or transfer of coal.

From November 2016 through April 2018, the Wise Honest was used by Korea Songi Shipping Company, an affiliate of Korea Songi General Trading Corporation – which, in 2017, OFAC determined was “subordinate to the [Korean People’s Army] and involved in exporting North Korean coal” – and one of Korea Songi Shipping Company’s representatives, Kwon Chol Nam, to export coal from North Korea to foreign purchasers and import machinery to North Korea (the “Korea Songi Scheme”). 

On March 14, 2018, the Wise Honest was loaded with coal in Nampo, North Korea.  On April 2, 2018, Indonesian maritime authorities intercepted and detained the Wise Honest.  Although maritime regulations require vessels like the Wise Honest engaged in international voyages to operate an automatic identification system (“AIS”) capable of providing information about the vessel to other ships and to coastal authorities, and despite its March 2018 voyage from North Korea, the Wise Honest had not broadcast an AIS signal since August 4, 2017. 

Participants in the Korea Songi Scheme additionally attempted to conceal the Wise Honest’s DPRK affiliation by falsely listing the Wise Honest’s nationality or the origin of the illicit coal on board the vessel in shipping documentation, for example, as from Tanzania or Russia.

In connection with Korea Songi Scheme, Kwon paid for numerous improvements, equipment purchases, and service expenditures for the Wise Honest in U.S. dollars through U.S. financial institutions.  Such transfers constitute a provision of services by U.S. banks to both the sender and recipient of the funds, and U.S. law prohibits banks from providing such services to North Korean parties.  In connection with the March 2018 shipment of coal on board the Wise Honest alone, payments totaling more than $750,000 were transmitted through accounts at a U.S. financial institution.

On May 9, 2019, the U.S. Attorney’s Office filed a civil forfeiture complaint against the Wise Honest, which had previously been seized pursuant to a warrant issued in the Southern District of New York.  Today’s judgment of forfeiture was ordered by U.S. District Judge P. Kevin Castel. 

Mr. Berman praised the outstanding investigative work of the Federal Bureau of Investigation and its New York Field Office, Counterintelligence Division, and thanked the Department of Justice’s Money Laundering and Asset Recovery Section’s Program Operations Unit and Office of International Affairs, the U.S. Coast Guard, and the Department of State for their assistance.

Mr. Berman also thanked Fred and Cindy Warmbier, the parents of the late Otto Warmbier, for their willingness to voluntarily withdraw their claim in the action in order to facilitate the forfeiture of the Wise Honest.

Comptroller Stringer Releases Sweeping New Report Showing Domestic Violence is the Leading Driver of Homelessness and Proposes Comprehensive Roadmap to Support Survivors

In FY 2018, domestic violence accounted for 41 percent of the family population entering shelter – the single largest cause of homelessness and a 44 percent increase in five years

The use of commercial hotels for families entering shelter due to domestic violence skyrocketed between FY 2014 and FY 2018, from 0.1 percent of all placements to 21 percent

Over 7,000 children entered a DHS shelter as a result of domestic violence, more than half (56 percent) of whom were under 6 years of age

During Domestic Violence Awareness Month, Comptroller calls on City to change approach to better support domestic violence survivors and renews call for new housing plan targeted to New Yorkers in greatest need

  New York City Comptroller Scott M. Stringer today released a sweeping new report on the intersection of domestic violence and homelessness, showing that domestic violence has surged ahead as the leading driver of homelessness in New York City, and proposed a comprehensive roadmap to support survivors. Comptroller Stringer’s report is the most comprehensive analysis to date of how domestic violence contributes to homelessness, the scope of services available to and utilized by survivors, and the needed policy prescriptions to stem this growing crisis. The Comptroller found that in FY 2018, domestic violence accounted for 41 percent of the family population entering homeless shelters – an increase of 44 percent in five years. The Comptroller’s report also found that the use of costly commercial hotels for families entering shelter due to domestic violence skyrocketed between FY 2014 and FY 2018, with 21 percent of families placed in hotels, up from only 0.1 percent.

To address this growing challenge, Comptroller Stringer called on the City to pursue a series of targeted  policy recommendations aimed at connecting domestic violence survivors to permanent housing and preventing extended periods of homelessness. The Comptroller’s roadmap would create paths for survivors to attain both housing and economic stability and tackle the homelessness crisis in New York City by directly addressing its single largest contributor.

“Every year, thousands of domestic violence survivors are pushed to the brink, experience homelessness, and have no way of finding a stable home for themselves and their children. It’s a tragedy – but we cannot accept this status quo as just the way things are. We must do more to lift up survivors who need a City government as their unwavering ally,” said New York City Comptroller Scott M. Stringer. “With this report, we’re turning over a new stone in the fight to tackle the homelessness crisis, by shining a light on the pervasive impact of domestic violence on housing instability. As a City, we are judged by how we treat our most vulnerable, which is why it’s time to step up and act. No family that has entered a domestic violence shelter should ever leave without access to stable housing or find themselves placed in a commercial hotel.  It is not enough to say we support survivors – we need to put our money where our mouth is and implement bold reforms to actually provide survivors with the support they need to achieve long-term housing and economic independence.”

The Comptroller’s report showed how domestic violence has become a primary driver of New York City’s homeless crisis. The analysis found:

• In FY 2018, domestic violence accounted for 41 percent of the family population entering the New York City Department of Homeless Services (DHS) shelter system, and the number of families entering each year rose 44 percent from FY 2014.

• In FY 2018 alone, 12,541 people entered a DHS shelter due to domestic violence. That includes more than 4,500 women and 7,000 children, more than half (56 percent) of whom were under 6 years of age.

• The use of costly commercial hotels for families with children entering shelter due to domestic violence has increased dramatically, with 923 such families placed in hotels in FY 2018, compared to only two in FY 2014. While only 0.1 percent of all families entering due to domestic violence were placed in hotels in FY 2014, 21 percent were in FY 2018.

• The number of families leaving DV shelter and subsequently entering the DHS homeless shelter system increased every year between FY 2015 and FY 2018. In FY 2018 alone, more than 600 families (27 percent) who exited a City DV shelter ended up in a DHS shelter system within 30 days, which was twice the number of families who exited to subsidized housing.

• Neighborhoods in the Bronx and Brooklyn accounted for the most DHS shelter entries due to domestic violence between FY 2014 and FY 2018, with 38 percent of survivors having previously resided in the Bronx and 30 percent entering shelter from Brooklyn. More survivors entered shelter from the Hunts Point, Longwood and Melrose neighborhood in the Bronx than any other community, followed by Belmont, Crotona Park East, East Tremont, Bedford Park, Fordham North, and Norwood, also in the Bronx.

• Families who exit to permanent housing with a government subsidy are much less likely to return to shelter, but in FY 2018, 51 percent of survivors exiting the DHS shelter system did not have a housing subsidy. According to the Mayor’s Management Report (MMR), one in five (21.6 percent) families with children exiting to an unsubsidized placement returned to shelter within one year, while only 1.3 percent of families with children with a subsidy returned to shelter.

• Of the 1,839 families who did exit to a permanent placement with a subsidy in FY 2018, about two-thirds received some form of rental assistance, while an additional 28 percent secured housing through the New York City Housing Authority (NYCHA). Only 2 percent of families exited to supportive housing.

Comptroller Stringer’s analysis found that despite the City’s record spending on homelessness, existing City resources are not sufficiently helping survivors build safe, independent lives and preventing homelessness. The Comptroller is therefore proposing comprehensive policy changes to increase housing stability for survivors in New York City, including:

Expand residential and non-residential services

• New York City should increase the capacity of the New York City Human Resources Administration (HRA) domestic violence shelter system and end the practice of placing survivors in commercial hotel rooms rented by DHS.

• The City should also work with the State to extend the 180-day time limit in DV shelter on a case-by-case basis, and the City should ensure every domestic violence shelter has dedicated housing specialists.

• New York City must expand access to mental health support and dedicate supportive housing units and affordable housing for domestic violence survivors.

Strengthen legal protections

• The Governor should expeditiously sign recently passed legislation introduced by Senator Alessandra Biaggi and Assemblymember Andrew Hevesi to reform New York’s early lease termination law so survivors do not need to obtain a court order, alert their abuser, or be current on rent to leave an unsafe home.

• New York City should explore ways to reinforce its housing anti-discrimination policies, including by explicitly prohibiting landlords and brokers from refusing tenancy based on criminal history or a low credit score stemming from a prospective tenant’s identity as a survivor of domestic violence.

• The State should amend the Public Service Law to assist survivors who have recently fled an abusive living situation to ensure continuation or restoration of utility service.

Increase financial assistance to support survivors’ access to housing

• The State should enact legislation proposed by Senator Liz Krueger and Assemblymember Andrew Hevesi to create a new statewide rent supplement, Home Stability Support, for vulnerable populations including domestic violence survivors.

• The City should develop a survivor housing stability fund for survivors regardless of immigration status and income.

• The City should increase the availability of free and reduced-cost legal services for survivors.

• New York City should expand upon the success of the five existing Family Justice Centers and create additional centers in high-incidence areas of domestic violence.

• To combat the shortage of affordable housing in the city and to reverse the rise in the number of people experiencing homelessness, the City should triple the number of affordable housing units, as Comptroller Stringer called for last year, and set aside 15 percent of it for homeless New Yorkers on an annual basis, so that the New Yorkers in greatest need have access to stable, permanent housing.

“The Comptroller’s report reveals that the highest number of domestic violence survivors in the Department of Homeless Services (DHS) shelters are from the Bronx community, mostly women and children. Bronx residents suffering from domestic abuse must have more options than choosing to remain with an abuser or enter into a shelter. It is critical that New York City and State work together to create financial and legislative investment, and expand avenues for domestic violence survivors to access safe housing and residential services. I appreciate NYC Comptroller Scott Stringer’s leadership to address this issue, and look forward to working together to support survivors and give more New Yorkers access to safe housing,” said State Senator Alessandra Biaggi.

EDITOR'S NOTE:

Mayor Bill de Blasio when confronted by this reporter, admitted that homeless people were sent to the Bronx from other boroughs. Mayor de Blasio said that practice would stop, unless it was an emergency situation, which continues. 

State Senator Alessandra Biaggi needs to do her homework to find out just where the homeless people came from and why that Mayor de Blasio admitted were sent to the Bronx from other boroughs. That instead of just having a statement by Comptroller Stringer who worked vigorously on her campaign last year placed in his press release.

Council Member Rafael Salamanca Jr: - Rikers Island, Borough Based Jails

STATEMENT FROM NYC COUNCIL MEMBER RAFAEL SALAMANCA, JR

CHAIRMAN, NYC COUNCIL COMMITTEE ON LAND USE

COUNCIL CHAMBERS, CITY HALL

NYC COUNCIL STATED MEETING

My decision today is one that I did not take lightly. The application being voted on will have a vital impact on the way we approach the issue of criminal justice as a city. A significant step in fulfilling the criminal justice reform we have set out to achieve is eradicating the horrific history Rikers Island has had on our constituents. As I have said repeatedly, Rikers NEEDS to shut down if we are ever going to attain a more just system for communities like mine who have been burdened with the legacy of a repressive method to policing. 

While there should be no debate on the closure of Rikers, the course the administration has taken to get there has lacked the critical feedback of community stakeholders in the Bronx. Whereas the city followed the recommendations of the Lippman commission to build borough-based jails at the locations of existing detention centers near county courthouses in three of the four boroughs, the administration cited a location that is more than two and a half miles away from the Bronx courthouse. The response from the community and elected officials, alike, was immediate in their opposition to the location. Nevertheless, the administration moved forward with their plans, leaving many in the South Bronx wondering if a commitment to ‘meaningful community engagement’ was a convenient bullet point on a presentation.  

Additionally, the community’s dissatisfaction with the new borough-based plan extends to the broken promises of previous administrations to keep the Vernon C. Bain Correctional Center, otherwise known as the Barge, operating. Asking our community to accept a brand new jail without closing the Barge firstis wholly unacceptable and disingenuous to Bronxities. I have given the administration numerous opportunities at public hearings to address this concern relating to the Barge, but have been vastly disappointed each time at not even hearing the most preliminary estimated timeline to sinking the boat. 

Even without citing the other issues that have originated from Council hearings over the last two months, I CANNOT vote in favor of The Bronx actions on this landuse application in its current form. The administration cannot simply ignore the valid concerns of the community and expect us to accept this decision. I implore Mayor de Blasio to continue exploring all siting options near the Bronx County Courthouse where it belongs, and once and for all, SINK.THE.BARGE!