Community Board 11 - Drug Treatment Facility Town Hall

On Thursday, November 7, 2019 at 7pm, CB11 is sponsoring a town hall at the NY Institute for Special Education at 999 Pelham Parkway North to discuss one or more proposed drug treatment facilities by the Upper East Side-based Carnegie Hill Institute. 

The Institute for Special Education is wheelchair accessible. If you have any special needs, please call the CB11 Office by 4pm on Tuesday, November 5, 2019: (718) 892-6262.

2500 Williamsbridge Road has been mentioned as one possible site.   

The Bronx Democratic Party - Join Us For An Open House Of Our New Bronx Dems Headquarters!

Join us for the opening of our brand new headquarters, designed to be a hub for conversations on issues that matter to our community.

We're hosting an open house on Monday, November 4, 2019. Stop by, check out our office and meet fellow Bronx Democrats any time between 5PM and 8PM.

Sincerely,

The Bronx Democratic Party

Financial Adviser Pleads Guilty To Running A Multimillion-Dollar Ponzi Scheme

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JAMES T. BOOTH pled guilty to securities fraud in connection with his years-long scheme to defraud customers of his financial services firm, Booth Financial Associates (“Booth Financial”), of nearly $5 million through a variety of lies and misrepresentations.  BOOTH pled guilty before U.S. District Judge John G. Koeltl.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Booth bilked some 40 clients of nearly $5 million by convincing them that he would deliver solid and secure returns on their investments.  Instead, Booth delivered lies and deceit.  Today, Booth has admitted to his scheme and now faces a prison term for his lies.” 

According to the allegations contained in the Indictment:

From 2013 through 2019, BOOTH solicited money from clients of Booth Financial and falsely promised to invest their money in securities offered outside of their ordinary advisory and brokerage accounts.  Specifically, BOOTH directed certain of his clients to write checks or wire money to an entity named “Insurance Trends, Inc.”  Instead of investing his clients’ funds, BOOTH, who controlled the bank account of Insurance Trends, Inc., subsequently misappropriated his clients’ funds to pay his personal and business expenses.

In total, BOOTH raised approximately $4.9 million from approximately 40 investors.  BOOTH lured many of his victims with false promises of safe investments with high returns.  For example:           

• BOOTH convinced a recently widowed elderly investor (“Investor-1”) to move money she had received from her late husband’s pension into Insurance Trends, Inc.  BOOTH falsely promised Investor-1 that she would have $1 million by the time she was 100 years old.  As a result of BOOTH’s false assurances, Investor-1 invested more than $600,000 with BOOTH. 

• BOOTH similarly convinced another investor (“Investor-2”) to move his money into an investment product that, according to BOOTH, would never lose its principal and would grow with the market.  Based on this false representation, Investor-2 moved money he had set aside for his child’s college expenses, at least approximately $60,000, to BOOTH.  BOOTH subsequently failed to provide Investor-2 with documentation of his investment or to allow Investor-2 to redeem his investment. 

• BOOTH convinced another elderly investor (“Investor-3”) to withdraw money from an annuity established for the care of his disabled sibling, approximately $18,000, and invest that money with BOOTH.  Investor-3 gave the money to BOOTH with the understanding that BOOTH would invest that money for the benefit of Investor-3’s sibling’s continued care.

To prevent investors from seeking a return of their money, and to induce additional investments, BOOTH provided investors with fabricated account statements that falsely indicated that BOOTH had purchased certain securities on their behalf and that those investments had generated a profit.  BOOTH further concealed the truth from investors by using money obtained from new investors to make redemption payments to previous investors, in a Ponzi-like fashion.

BOOTH, 74, of Norwalk, Connecticut, pled guilty to one count of securities fraud, which carries a maximum sentence of 20 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.

BOOTH is scheduled to be sentenced by Judge Koeltl on February 21, 2020.           

Mr. Berman praised the outstanding work of Homeland Security Investigations and also thanked the New York City Police Department, which assisted in the investigation. 

Attorney General James Gives Update On Facebook Antitrust Investigation

  New York Attorney General Letitia James today released the following update on the status of the multistate antitrust investigation into Facebook:

“After continued bipartisan conversations with attorneys general from around the country, today I am announcing that we have vastly expanded the list of states, districts, and territories investigating Facebook for potential antitrust violations. Our investigation now has the support of 47 attorneys general from around the nation, who are all concerned that Facebook may have put consumer data at risk, reduced the quality of consumers’ choices, and increased the price of advertising. As we continue our investigation, we will use every investigative tool at our disposal to determine whether Facebook’s actions stifled competition and put users at risk.”

Joining Attorney General James on the leadership team investigating Facebook are the attorneys general of Colorado, Florida, Iowa, Nebraska, North Carolina, Ohio, Tennessee, and the District of Columbia. 

Additionally, attorneys general from Arizona, Arkansas, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, Virginia, Wisconsin, Wyoming, and the territory of Guam have all joined the investigation, in addition to a number of other states that cannot confirm their participation in pending investigations.

Indictments From Bronx District Attorney Darcel Clark

FORMER NYPD POLICE OFFICER INDICTED FOR MANSLAUGHTER IN FATAL SHOOTING OF FRIEND 

Victim Died After Defendant’s Off-Duty Gun Was Discharged; Defendant Did Not Perform Life-Saving Measures 

 Bronx District Attorney Darcel D. Clark today announced that a former NYPD Police Officer has been indicted in the fatal shooting of his next-door neighbor in the neighbor’s apartment in the Bronx. The defendant initially said that the victim was playing with the firearm and accidentally shot himself, but an autopsy showed the gunshot was not self-inflicted. 

 District Attorney Clark said, “The victim, who was friends with the defendant, was recklessly killed by a single gunshot near the neck. The defendant was an NYPD Police Officer for approximately one year at the time of the incident, which occurred when he was off-duty. He allegedly did not seek immediate help and a young man died.” 

 District Attorney Clark said the defendant, Martinson Afari Yeboah, 28, who was assigned to Housing Police Service Area 7 in the Bronx, was arraigned today on second-degree Manslaughter and Criminally Negligent Homicide before Bronx Supreme Court Justice Margaret Clancy. Bail was set at $100,000 bond/$25,000 cash and $75,000 partially secured bond. The defendant must also surrender his passport. He is due back in court on January 15, 2019.

 According to the investigation, at about 5:25 a.m. on April 21, 2019, Yeboah, who was offduty, was in the apartment of Frederick Afoakwah, 21, on West Mosholu Parkway South. The defendant and the victim were playing soccer video games when Yeboah’s off-duty firearm, a 9- mm semi-automatic pistol, discharged, striking Afoakwah. After the gunshot rang out, the victim’s father and cousin came out of their bedroom and saw the victim dying, and Yeboah allegedly told them there was an accident.

 According to the investigation, Yeboah did not call 911 until the victim’s father urged him to do so. The defendant went to his apartment, left his firearm there and changed his shoes. Instead of going back to the victim’s apartment to perform life-saving procedures, the defendant went to the building’s lobby to wait for first responders. The victim was taken to St. Barnabas Hospital where he was pronounced dead.

 The defendant’s employment with the NYPD has been terminated since the incident

 District Attorney Clark thanked Assistant District Attorney Brian Connor and Trial Preparation Assistant Alexandra Ragusa, both of the Public Integrity Bureau, for their assistance in the investigation. District Attorney Clark also thanked NYPD Sergeant Emanuel Vizzotti and NYPD Detective Clayton Barnett of the Force Investigation Division for their assistance.

An indictment is an accusatory instrument and not proof of a defendant’s guilt. 

MAN INDICTED FOR MURDER FOR STABBING WIFE IN THEIR APARTMENT IN HOMELESS SHELTER 

Killing Happened with Their Two Babies Present

 Bronx District Attorney Darcel D. Clark today announced that a man has been indicted for Murder, Manslaughter and other charges for stabbing his wife to death inside a Bronx homeless shelter. 

 District Attorney Clark said, “The defendant allegedly stabbed his 19-year-old wife in their apartment in a homeless shelter, where their toddler and infant were present. It was a shocking and traumatizing incident for the staff and other people in the building. We must do all we can to prevent these horrendous acts of domestic violence.” 

 District Attorney Clark said the defendant, Ernesto Valerio, 24, was arraigned today on second-degree Murder, first-degree Manslaughter, Criminal Possession of a Weapon and two counts of Endangering the Welfare of a Child before Bronx Supreme Court Justice Margaret Clancy. The defendant was remanded and is due back in court on January 16, 2020. 

 According to the investigation, on October 2, 2019, the defendant allegedly stabbed his wife, Emilsy Calix, 19, in the face, neck and chest with a kitchen knife in their apartment in 285 East 171st Street. The couple’s two-year-old daughter and five-months-old daughter were present. Security guards in the shelter heard screams and went to the apartment. The defendant told them his wife went to the store and one of the children had fallen. As the guards went to the lobby to check the sign-out book the defendant left the scene, leaving his two children at the shelter. The guards returned to the couple’s apartment and found the body of the victim in the bathtub. The defendant fled and was arrested that night in the Bronx.

 District Attorney Clark thanked NYPD Detectives Christopher Napoli and Andre Smith of the 44 th Precinct Squad and NYPD Detective Keith Walker of Bronx Homicide for their assistance in the case. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

BRONX PASTOR INDICTED FOR MURDER; RAN OVER ESTRANGED WIFE WITH CAR AND ATTACKED HER WITH MACHETE 

Killing Happened in Front of Victim’s Two Grandchildren

 Bronx District Attorney Darcel D. Clark today announced that a Yonkers man has been indicted for Murder, Manslaughter and other charges for running over his estranged wife with a vehicle and stabbing her with a machete in front her two grandchildren on a Bronx street. 

 District Attorney Clark said, “The defendant cruelly attacked his wife, from whom he had been estranged for approximately a month, in front her two young grandchildren. The defendant allegedly struck her with his own vehicle, then ran her over with her car, and stabbed her with a machete. We will pursue justice for the victim, as well as her family members who have been deeply traumatized by the terrible attack.” 

 District Attorney Clark said the defendant, Victor Mateo, 63, of 4 Eastman Place, Yonkers, N.Y., a pastor at the Christian Congregation The Redeemer Church in the Bronx, was arraigned today on second-degree Murder and first-degree Manslaughter, three counts of fourth-degree Criminal Possession of a Weapon and two counts of Endangering the Welfare of a Child before Bronx Supreme Court Justice Margaret Clancy. The defendant was remanded and is due back in court on January 22, 2020. 

 According to the investigation, at about 6:45 a.m. on October 3, 2019, the defendant parked his vehicle near the home of Noelia Mateo, 58, on Ellsworth Avenue in Throgs Neck. When the victim came out to drive her grandchildren to school the defendant allegedly struck her with his vehicle. The victim hid beneath her car, and the defendant got into her car and allegedly ran her over with it. Then he allegedly hacked her with a machete. The victim’s 11-year-old grandson and 9-year-old granddaughter witnessed the attack.

 The defendant fled the scene in the victim’s vehicle. He was arrested on October 10, 2019 in Hazelton, Pennsylvania and was extradited to the Bronx.

 District Attorney Clark thanked Assistant District Attorneys Allison Kline, Megan Leo, Jean Paul Rivera, Heather McMahon and Bryson Gillard of the Domestic Violence Bureau, and Danielle Pascale, Deputy Bureau Chief of the Child Abuse/Sex Crimes Bureau, for their assistance in the case. District Attorney Clark also thanked NYPD Detective Francis Orlando from Bronx Homicide and NYPD Detectives Kristopher Persaud and Erica Price of the 45 th Precinct for their assistance in the investigation. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

MAYOR DE BLASIO ANNOUNCES LOWER EAST SIDE LATE-NIGHT QUALITY OF LIFE IMPROVEMENT PLAN

  Mayor Bill de Blasio today announced a multi-agency plan to improve the quality of life of thousands of New Yorkers living in one of the city’s densest nightlife districts. The plan, created by the Office of Nightlife, targets a 6-block area on Ludlow and Orchard Streets between Houston and Delancey on Manhattan’s Lower East Side. Improvements will reduce traffic and pedestrian congestion on the street and make garbage sweeping routes more efficient. Nightlife patrons will also see a new etiquette campaign encouraging them to be more respectful and aware of their surroundings.

“The world loves New York nightlife, but we also have to take care of the New Yorkers who live where others play,” said Mayor de Blasio. “We are creating cleaner, quieter streets to improve quality of life while ensuring bars, restaurants and clubs can thrive.”

“Nightlife is vital to New York City’s local culture and global identity,” said Ariel Palitz, Senior Executive Director for the Office of Nightlife. “The Lower East Side is one of the city’s most vibrant and social neighborhoods. This plan coordinates City services to support our thriving nightlife and respond to the needs of the residential community, to ensure that nightlife is fair and works for everyone.”

“We are proud to partner with our colleagues in city government and the local community to develop and implement collaborative solutions to quality of life concerns surrounding nightlife on the Lower East Side,” said Commissioner of the Mayor’s Office of Media and Entertainment, Anne del Castillo. “Nightlife establishments are a fundamental part of the city’s DNA; they employ almost 300,000 New Yorkers. Through these collaborative efforts, MOME can ensure that the city’s creative and cultural industries like nightlife can thrive in ways that are mutually beneficial for all.”  

The area of Ludlow and Orchard Streets between Houston and Delancey contains more than 80 food and beverage establishments. For years, residents and businesses have complained of late-night horn honking and loud voices as traffic stops due to double-parked cars dropping off and collecting passengers on the area’s narrow streets. Moreover, litter builds up overnight under parked cars and on sidewalks, which is unsightly, unsanitary, and attracts rats.

The Lower East Side Late-Night Quality of Life Improvement Plan was designed with the support and input of residents, business owners, workers, and local officials to  make their neighborhood more livable. The plan includes:

New parking regulations to ease traffic congestion and reduce noise

• DOT is implementing a “No Standing” rule from midnight to 6 AM on the west side of the streets and 7 PM to 7 AM on the east side of streets, seven days a week
• Removing standing vehicles overnight eases congestion, honking and other noise

New litter removal schedule coordinated with bar closing times for more efficient cleaning and additional street cleaning

• To more efficiently clean neighborhood streets, DSNY street sweepers will now operate between 3 and 6 AM
• The prior schedule from midnight to 3 AM was less efficient, as many businesses were still open and patrons were still out
• The Business Improvement District (BID), the Lower East Side Partnership, will provide 200 hours of street cleaning services a week, seven days a week
• Council Member Chin allocated $30,000 expense funding to LESP for cleaning Ludlow St, which is outside the  BID boundaries
• Council Member Chin has also allocated $40,000 in capital funds to LES Partnership to purchase a power washer truck

Increased enforcement of for-hire vehicles

• TLC will increase enforcement patrols to crack down on unlicensed for-hire vehicles double parking and making unauthorized pickups
• A 10-person team of TLC officers and supervisors will conduct random patrols between 11pm and 3am at least once every Friday and Saturday night

Mayor’s Office of Nightlife “Night Owl” etiquette campaign urging patrons to be more considerate 

• Awareness Campaign will urge patrons to use common-sense nightlife consideration including keeping sound to a minimum and keeping sidewalks clean and clear. The PSA will be displayed on LinkNYC kiosks in the area
• The Office of Nightlife and NYPD will distribute signs to bars and clubs with tips for theft prevention

"The Quality of Life Improvement Plan addresses the noise, public safety, and trash issues associated with the Lower East Side's thriving nightlife scene," said Deputy Mayor for Housing and Economic Development Vicki Been. "I want to commend the neighborhood businesses, nightlife patrons, and residents who have created a pilot that is rooted in mutual understanding and compromise, and we're excited to see the results.”

“Enjoying New York City’s nightlife shouldn’t come at the expense of the well-being of New Yorkers who call these neighborhoods home,” said Deputy Mayor for Operations Laura Anglin. “This multi-agency initiative will ensure the Lower East Side is safer, cleaner, less congested, and more enjoyable for all those who visit while continuing to support the bars and restaurants in the area.”

“Shifting the street sweeping start time in this area will allow our Department to more efficiently clean neighborhood streets,” said Sanitation Commissioner Kathryn Garcia. “We are happy to partner with other city agencies, the Office of Nightlife, the Community Board and the Lower East Side Partnership to help bring quality-of-life improvements to the area. Business are still open at midnight, and patrons are still out and about. Shifting our schedule still allows us to clean the streets, while providing the best service to businesses, visitors and residents.”

"Community Board 3 is always proud to partner with the LES Partnership and City agencies to improve the quality of life of our community," said Alysha Lewis-Coleman, Chair, Manhattan CB3. "This initiative will directly address many longstanding issues in the community—horn honking, traffic congestion, garbage. We particularly look forward to the etiquette campaign to address the noise complaints of residents. CB 3 looks forward to a continuing effort of collaboration that will improve quality of life for residents as well as the vitality of our small businesses."

EDITOR'S NOTE:

It is unfortunate that Mayor de Blasio's Quality of Life Community plan is only for Lower Manhattan, leaving the Bronx #Not on the List, when it comes to Quality of Life issues, 

Council Member Ruben Diaz Sr. - FOR A SAMPLE A SINGLE BUTTON WILL SUFFICE

What You Should Know

By Councilman Rev. Ruben Diaz

Bronx County

  You should know that in Puerto Rico there is a cliché that says “Para muestra con un boton basta” translation is that “For a Sample a single button will suffice” which means that it is not necessary to disclose everything, because one can easily deduce everything that remains to be discovered by merely showing a button. When someone wants to know if there is authenticity this old saying signifies that with a sample one button is enough. 

 

You should also know that Bronx County is represented by nine (9) elected members on the City Council of the City of New York.  Each one of them claims to be the best advocate, and defender of our communities within the districts each one of them represents.

 

The job and responsibilities of those nine (9) Council members is and must be to protect, guard, defend and create better opportunities for the Bronx County and its residents by ensuring their welfare and security.

 

It is important that you know that this past Thursday, October 17, the President of Bronx County, the members of the Community Planning Board # 1, the residents of the Beekman Houses, and the residents of public housing in the South Bronx were abandoned, when five (5) out of the nine (9) Bronx Council Members disgracefully voted in favor of constructing a prison in the area of the Beekman Houses, only (4) voted against bringing a prison to this area.

 

You should know that the only (4) Bronx Council Members voting against this project were Councilmen Rafael Salamanca, Jr., Andy King, Fernando Cabrera and yours truly, Rev. Rubén Diaz. We voted against the construction of these prisons and against spending 10 billion tax payer dollars. The four of us recognized that if there is no money to make boiler repairs in NYCHA buildings in the Bronx and throughout the city, then those 10 billion dollars should not be spent on the construction of four (4) new prisons.

 

The Bronx Community Board # 1, the residents of Beekman Houses, and the majority of Bronx County residents, led by Bronx Borough President Rubén Diaz, Jr., conducted a battle against spending money and building a prison in the area of Diego Beekman Houses. Only Council members Rafael Salamanca, Rev. Fernando Cabrera, Andy King, and yours truly heard the clamor and the desperate request of the people we represent.

 

The other (5) Bronx council members who shamefully voted in favor of this project are Richie Torres, Diana Ayala, Vanessa Gibson, Mark Gjonaj and Andy Cohen. They decided to turn their backs on the Bronx residents and instead chose to support Mayor Bill de Blasio going directly against the people of the Bronx which they were elected to represent.

 

This project, costing 10 billion dollars, is geared toward the building of four (4) new high rise prison buildings in four NYC Boroughs which are Bronx, Manhattan, Queens, and Brooklyn, while in Staten Island not one prison will be built. Why? This plan was hatched by Melissa Mark-Viverito when she was serving as the President of the City Council.

 

Those billions of dollars in funding could have been allocated and put to better use in repairing existing public housing apartments, make much needed boiler repairs so that our people, children, and elderly don’t suffer in the winter without heat and hot water, or allocate monies to painting and renovating the apartments to prevent our children from getting poisoned due to exposure to lead paint.

 

That money (10 billion) dollars could have been used to build permanent housing for the 60 thousand homeless families now living in NYC shelters.

 

Instead these five (5) of our representatives, Richie Torres, Diana Ayala, Vanessa Gibson, Mark Gjonaj and Andy Cohen decided to spend 10 billion dollars on the construction of four (4) new prison buildings including one in the Bronx, ignoring the will of the residents of the area, ignoring the will of Community Board # 1 and ignoring the will of the Bronx Borough President.

 

When it comes to defending our community and when it comes to not bowing down to Mayor Bill de Blasio or to the pressures of vested interests; Council members Rafael Salamanca, Fernando Cabrera, Andy King, and this servant, with our vote against the construction of said prisons in our neighborhoods, sent a strong message to the Mayor: Saying that Our goal has always been, is and will continue to be in the defense, the welfare, and betterment of our communities.

 

The vote that was cast against and in favor of building new prisons in our neighborhoods should now tell you who are the ones that adhere to their oath to defend and serve our communities.  Therefore, I want you to know how that old saying goes “For a sample a single-button will suffice”.   

 

The single action by these (9) Bronx Councilmembers and the way in which they voted should tell you who are the true defenders of our Bronx communities.

 

I am Council Member Rev. Rubén Díaz and this is what you should know. 

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.”