STATEMENT FROM BP DIAZ RE: New York Yankees Merchandise & Local Bronx Businesses

 “I am pleased to learn that the New York Yankees, Nike and Major League Baseball were receptive to public pressure to do the right thing, and have heeded the concerns of our business community in the area surrounding Yankee Stadium. The news that these three entities have reversed their policy that would have prevented these longtime mom-and-pop stores from selling official Yankee merchandise is a welcome one.

“As one of the richest sports franchises in the world, it was incumbent on the Yankees to do what was right and protect this small business community that almost exclusively caters to their fan base. Inaction on this issue would have certainly reaped huge profits for the Yankees, Nike and Major League Baseball. However, it would have most definitely crippled our local economy that the New York Yankees promised to enhance, as part of the deal that built their new stadium with significant taxpayer funds.

“I want to thank Cary Goodman, the Executive Director at the 161 Street BID, for bringing this to our attention, as well as the New York Yankees for doing their due diligence and addressing this alarming issue that would have had a huge negative impact on The Bronx. I would also like to thank City Council Member Vanessa Gibson for her efforts on behalf of local businesses.

“As I have always said, if you want to do business in The Bronx, you have to do business with The Bronx. This agreement helps Nike, Major League Baseball and the New York Yankees do just that," said Bronx Borough President Ruben Diaz Jr.

DE BLASIO ADMINISTRATION JOINS LAWSUIT AGAINST EPA TO DEFEND CALIFORNIA’S ADVANCED CLEAN CAR STANDARDS

If successful, New York and 13 other states would be allowed to keep higher emissions standards that have become substantial tool in global warming fight

 The de Blasio Administration  filed a joint lawsuit opposing the Environmental Protection Agency’s (EPA) attempt to revoke the portions of a waiver it granted California in 2013 that permit the state to implement stricter greenhouse gas and zero emission vehicle standards. The action, filed in the D.C. Circuit by a coalition led by California Attorney General Xavier Becerra, is part of the coalition’s ongoing fight to protect California’s Advanced Clean Car Standards.

These standards are followed, in whole or in part, by 13 other states, including New York State. They are a key part of local government efforts to protect their residents from the devastating effects of climate change.   

“The Trump Administration’s attempts to roll back emissions standards will be a disaster for our environment, hasten the impact of global warming, and endanger the health of New Yorkers,” said Mayor Bill de Blasio. “New York City is leading the way in the fight against global warming by enacting our Green New Deal and ending greenhouse gas emissions by 2050. We’ve consistently beaten the Trump Administration’s disastrous policies in court, and for the sake of the health and environment of all New Yorkers, we look forward to doing it again.”

“Global warming causes heat waves, rising sea levels, and droughts, which harm the most vulnerable individuals in our communities including the elderly and children,” said Corporation Counsel James E. Johnson. “EPA moves us backwards when it seeks to revoke an initiative that has supported the City’s efforts to reduce emissions and encourage the development of clean air technologies.  We have a duty to join this nationwide coalition to oppose EPA’s latest effort to roll back yet another environmental protection.”

New York City joined the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia; as well as the cities of Los Angeles, and San Francisco in today’s filing.

“The Trump administration continues to undermine the work, small and large, that is necessary to confront our climate crisis,” said Daniel Zarrilli, NYC's Chief Climate Policy Advisor and OneNYC Director.  “Here in New York City, we will continue to fight back against these reckless actions as we invest in the climate solutions that are allowing us to end our reliance on fossil fuels and pursue a just transition to a clean energy economy.”

DOB ANNOUNCES SUSTAINABLE ROOF REQUIREMENTS FOR NEW BUILDINGS GO INTO EFFECT

Green roofs, rooftop solar arrays will now be required for most new buildings and major roof renovations in NYC

  The New York City Department of Buildings (DOB) announced that, Local Law 92 of 2019 and Local Law 94 of 2019 require all new buildings and existing buildings undergoing certain major roof renovations to have a solar photovoltaic system, a green roof system, or a combination of the two. These systems must cover 100 percent of any applicable roof.

“In New York City, we are not shirking from the challenge of climate change,” said Buildings Commissioner Melanie E. La Rocca. “These new laws are a sea change in how we approach new buildings, and help make our city a national leader in reducing emissions. With the biggest energy team in the country, we are ready and able to be a resource and provide technical assistance to the real estate industry as we work together to tackle this challenge head on.”

“Today’s announcement is another example of the innovative and necessary changes New York City is continuing to make to address the threats of climate change,” said Deputy Mayor Laura Anglin. “We know buildings account for the vast majority of greenhouse gas emissions in New York City and these laws are another step to get the City carbon neutral by 2050.”

“These laws use the power of design and construction to dramatically increase renewable energy and storm water management throughout the city,” said Mark Chambers, Director of the Mayor’s Office of Sustainability. “The leadership of the Department of Buildings in making this shift accessible to New Yorkers continues to be exemplary in bringing this work to life.”

Mayor de Blasio is committed to making NYC a global leader in the fight against climate change. Local Law 92 and Local Law 94 are components of the Climate Mobilization Act (CMA), which was passed by the City Council in April 2019, as part of the Mayor’s New York City Green New Deal and OneNYC 2050 plan.

In addition to new sustainable roof requirements for roofs, the CMA also established an Office of Sustainability within the Department, and has mandated additional requirements to improve the energy efficiency of buildings in NYC:

·         Buildings Mandate (Local Law 97 of 2019): The centerpiece of the Climate Mobilization Act, Local Law 97 requires all buildings larger than 25,000 square feet to meet ambitious carbon reduction targets.

·         Building Energy Efficiency Grade (Local Law 95 of 2019): Local Law 95 amends the ranges for how energy efficiency grades are calculated as required by Local Law 33 of 2018. Local Law 33 of 2018 required the display of energy efficiency scores and grades for larger buildings in New York City that are required to that annually benchmark their energy and water consumption. The energy label will be displayed near a public entrance and include both a letter grade and the energy efficiency score.

More information about DOB resources for and requirements for energy-efficient buildings can be found on the sustainability page of our website.

U.S. Attorney Announces The Arrest Of Five Individuals In Scheme To Steal Thousands Of Checks From New York City Human Resources Administration

  Geoffrey S. Berman, 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”), Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), and Michael Schmidt, New York State Commissioner of Taxation and Finance (“DTF”), announced the indictment of five individuals in a scheme to steal and deposit more than 4,000 rent subsidy checks worth more than $2.7 million issued by the New York City Human Resources Administration (“HRA”), and the indictment of one person in a related scheme to defraud the New York State Department of Taxation and Finance.  SALIFOU CONDE, SEKHOU TOURE, and SYLVAIN GNALI GNAHORE were arrested on September 16, 2019.  ABRAHIM DUKURAY and ABOUBAKAR BAKAYOKO were arrested today and are expected to appear before U.S. Magistrate Judge Katharine H. Parker later today.  ALSENY KEITA remains at large.  The case is assigned to U.S. District Judge Valerie E. Caproni.

U.S. Attorney Geoffrey S. Berman said:  “As alleged, these defendants carried out a reverse Robin Hood scheme, stealing funds intended to aid those in need of financial assistance to line their own pockets.  The alleged thefts are an affront to the very notion of offering a helping hand; these people had their hands in the till.  Now they face serious criminal charges.”

FBI Assistant Director William F. Sweeney Jr. said:  “Public assistance programs are established to help less fortunate families overcome their socio-economic challenges.  When the system is corrupted by any means, to include fraud against the agencies that provide the financial assistance, everyone loses out.  Not only is there less money available for those who need it most, but the taxpayers who fund these programs have been taken advantage of as well.  As alleged, those arrested for their role in this scheme took money that didn’t belong to them. They’ve since learned the consequences of their alleged actions.”

DOI Commissioner Margaret Garnett said:  “The City’s Human Resources Administration relied on Salifou Conde to provide a service, delivering to HRA unclaimed rental supplement checks to ensure funds could be appropriately redistributed to New Yorkers.  Instead, the defendant allegedly used his access to steal thousands of checks, and with his co-conspirators, pocket millions in taxpayer dollars, according to the charges.  DOI is proud to work with its partners, including the U.S. Attorney for the Southern District, to uncover schemes to defraud the government and steal public funds.”

Commissioner of Taxation and Finance Michael Schmidt said:  “Individuals who attempt to defraud New York State and illegally pocket money they’re not entitled to must be held accountable.  The fraudulent scheme alleged in this case unfairly places an additional tax burden on honest New Yorkers and will not be tolerated.  We’ll continue to work with all levels of law enforcement to ensure a level playing field for all taxpayers.”

As alleged in the Indictment, which was unsealed today, and the previously filed criminal Complaints:[1] 

HRA is an agency of the City of New York responsible for administering certain of the City’s public assistance programs.  Among other things, HRA provides rental assistance to individuals and families with social service and economic needs.  For individuals who qualify, HRA provides rental assistance by sending monthly rent supplement checks to landlords to cover a portion of the cost of documented expenses such as rent or storage costs.

HRA rent supplement checks that are undeliverable are sent back to the same P.O. Box in New York, New York.  From there, a courier takes them from the P.O. Box back to HRA. CONDE took these undeliverable checks out of the mail.

Since in or about 2015, more than 4,000 HRA rent supplement checks worth more than $2.7 million were fraudulently deposited into more than 50 bank accounts.  CONDE, DUKURAY, KEITA, TOURE, and BAKAYOKO were part of a scheme to open these accounts using fictitious identities, obtain HRA supplement checks that could not reach their destination, deposit the checks into bank accounts, and then quickly withdraw cash.

 GNAHORE was a member of a related scheme to obtain tax refund checks issued by the New York State Department of Taxation and Finance, manipulate the checks, deposit them in fraudulently opened bank accounts, and then quickly withdraw funds from those accounts.

CONDE, 29, DUKURAY, 40, KEITA, 37, TOURE, 35, BAKAYOKO, 32, and GNAHORE, 43, are each charged with one count of wire fraud, which carries a maximum punishment of 20 years in prison; one count of bank fraud, which carries a maximum punishment of 30 years in prison; and one count of conspiracy to commit wire fraud and bank fraud, which carries a maximum punishment of 30 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 defendant will be determined by a judge.

Mr. Berman praised the outstanding work of the FBI, DOI, and DTF.

 [1] As the introductory phrase signifies, the entirety of the texts of the Complaints and the Indictment, and the descriptions of the Complaints and the Indictment set forth herein, are only allegations, and every fact described should be treated as an allegation.

Operator Of Westchester Waste Disposal Business Pleads Guilty To Fraudulent Overbilling Scheme

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that RALPH MANCINI, the owner and operator of County Waste Management, a waste disposal business based in Harrison, New York, pled guilty today to mail fraud before U.S. Magistrate Judge Lisa Margaret Smith.  MANCINI admitted as part of his plea that he had defrauded numerous commercial customers by overbilling them for the waste collected and dumped on their behalf.

U.S. Attorney Geoffrey S. Berman said:  “For more than eight years, Ralph Mancini, the owner and operator of County Waste Management, illegally overbilled local businesses that contracted with him to do their waste disposal.  Mancini has now pled guilty to hauling in over $800,000 from his victims, and faces serious time in prison.”

According to the Information, other court documents, and statements made in Court, from in or about 2008 through 2016, MANCINI overbilled a total of approximately 17 commercial customers, including educational institutions, department stores, grocery stores, and other establishments, by more than $800,000.  MANCINI sent the fraudulent invoices by U.S. mail, which fabricated the tonnage of waste collected and thereby charged customers for waste services that had not actually been performed.

MANCINI, age 57, of Harrison, pleaded guilty to one count of mail 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.

 MANCINI is scheduled to be sentenced by U.S. District Judge Nelson S. Román on February 14, 2020, at 11:00 a.m.

Mr. Berman praised the investigative work of the Federal Bureau of Investigation.  He also thanked the Westchester County Department of Public Safety and the Westchester County Solid Waste Commission for their assistance in the investigation.

Attorney General Sues B&H Foto & Electronics For Defrauding New York Out Of Millions In Sales Tax

Leading Photo and Electronics Retailer Knowingly Failed to Pay Sales Tax on Millions in Receipts from Manufacturers Tied to “Instant Rebates”

  New York Attorney General Letitia James today filed a lawsuit against B&H Foto & Electronics Corp. (B&H) for violations of New York’s Tax Law, the New York False Claims Act, and New York’s Executive Law. The suit claims that B&H — the nation’s largest non-chain photo and video equipment retailer — knowingly failed to pay sales tax due on tens of millions of dollars it received from electronics manufacturers to reimburse the company for “instant rebate” manufacturer discounts B&H passed along to its customers.

“B&H proudly claims that it puts principles over profits, but for 13 years, the company actually chose profits over principles by defrauding New York taxpayers out of millions of dollars owed to the state,” said Attorney General James. “B&H deliberately chose not to pay the sales tax it knew was due to New York State in order to gain a competitive edge over companies that chose to follow the rules. No company is above the law, which is why my office filed this lawsuit, and will do so against any company that tries to skirt its responsibilities by illegally trying to tilt the playing field.”

Today’s lawsuit, filed in New York State Supreme Court, concerns B&H’s failure to pay taxes on “instant rebates,” which are point-of-sale discounts the company offers its customers, for which it receives reimbursement from manufacturers. While these arrangements are subject to New York State sales tax, B&H never paid that tax, despite its repeated and explicit acknowledgements — internally, to outside vendors, and externally, to a competitor — that under New York tax law, it owed sales tax on these reimbursements. The lawsuit alleges B&H violated the state’s Tax Law and the New York False Claims Act. Attorney General James is seeking treble damages, penalties, and interest to redress these violations.

The Attorney General’s investigation and subsequent lawsuit arose from a qui tam lawsuit filed under seal by a whistleblower. The New York False Claims Act permits whistleblowers who know of information concerning false or fraudulent conduct that victimizes the state through the failure to pay taxes to bring an action on behalf of the government.

BRONX MAN INDICTED FOR FATALLY SHOOTING MAN IN BUSY GRAND CONCOURSE SUBWAY STATION

Shooting Happened in Front of Victim’s Five-Year-Old Son

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for Murder, Manslaughter and additional charges for fatally shooting a man in a busy Bronx subway station. 

 District Attorney Clark said, “The defendant allegedly shot the victim in front of his fiveyear-old-son and multiple commuters who were at the subway station at the time. We will pursue justice for the victim’s loved ones, especially the young boy who lost his father in such an awful way.” 

 District Attorney Clark said the defendant, Rafael Hollis, 29, of 1264 Sheridan Avenue, was arraigned today on second-degree Murder, first-degree Manslaughter, two counts of seconddegree Criminal Possession of a Weapon and Endangering the Welfare of a Child before Bronx Supreme Court Justice Margaret Clancy. Remand was continued and the defendant is due back in court on January 22, 2020. 

 According to the investigation, on October 4, 2019 at 6:30 p.m., at a subway station located at 167th Street and Grand Concourse, the victim, James Cubille, 24, met with his ex-girlfriend to pick up his son. The defendant showed up and argued with the victim. Hollis then took out a gun and allegedly shot Cubille in the torso in front of the victim’s son and ex-girlfriend. The victim was declared dead on arrival to Lincoln Hospital. The defendant fled the scene and turned himself in to authorities two days later.

 District Attorney Clark thanked NYPD Detective Matthew Crawley of the 44 th Precinct and NYPD Detective Christine Reyes of the Bronx Homicide Squad for their assistance in the investigation.

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

BRONX WOMAN SENTENCED TO 10 YEARS IN PRISON FOR MANSLAUGHTER IN DEATH OF INFANT SON

 Bronx District Attorney Darcel D. Clark today announced that a Bronx woman has been sentenced to 10 years in prison and five years post-release supervision in the killing of her five month-old son, who died after his mother slammed his head against a wall, fracturing his skull, and did not seek medical attention for him. 

 District Attorney Clark said, “The defendant inflicted grievous head injuries on the infant and left him to suffer for more than an hour before obtaining medical attention. She will now serve time in prison for callously causing the death of this innocent child whose life had barely begun.” 

 District Attorney Clark said the defendant, Joann McLeod, 32, of 1420 Bronx River Avenue, was sentenced today to 10 years in prison and five years post-release supervision by Bronx Supreme Court Justice James McCarty. She pleaded guilty to first-degree Manslaughter on October 22, 2019.

 According to the investigation, between midnight on June 3, 2018 and 9 a.m. on June 4, 2018, inside McLeod’s apartment in 1420 Bronx River Avenue, the defendant picked up her five-monthold son, Raymond Porfil Jr., shook him and slammed his head against a wall several times. She purposefully did not obtain medical attention for the infant for more than an hour, including leaving the apartment for a period of time.

 District Attorney Clark thanked NYPD Detective Christian Gutierrez of the 43rd Precinct Squad and NYPD Detective John Ferretti of the Homicide Task Force for their help in the investigation.