To Hold Corporate Executives Accountable for Misconduct, Comptroller Stringer and the NYC Retirement Systems Call for Clawback Policy at Gilead, Inc.

For years, Gilead has been embroiled in controversy for potentially engaging in anti-competitive practices that kept the HIV prevention drug, Truvada, unaffordable for millions

New shareholder proposal calls for a “Clawback” policy that would hold corporate executives financially accountable for misconduct – such as anti-competitive practices – by giving the Board of Directors the ability to recoup profits made as a result of wrongdoing

Clawback policies ensure misconduct is not rewarded and help companies limit risks and foster long-term sustainable growth 

Following a class-action lawsuit alleging that Gilead, Inc., a pharmaceutical company engaged in anti-competitive practices to delay generic alternatives to HIV prevention and management drugs in order to charge exorbitant prices, today New York City Comptroller Scott M. Stringer and the New York City Retirement Systems (“the Systems”) announced a new shareholder proposal to hold senior Gilead executives accountable for potential misconduct. The shareholder proposal submitted to Gilead’s board of directors would, if adopted, give the board the ability to recoup or “clawback” compensation paid to senior executives as a result of misconduct or failed oversight – and help companies limit reputational and regulatory risks while fostering long-term sustainable growth. This is the first year that Comptroller Stringer and the Systems are calling for this reform at Gilead, Inc and comes as part of the partnership with Investors for Opioid and Pharmaceutical Accountability.

“Ethics matter – and companies should hold their employees accountable when they commit misconduct. There is strong evidence that suggests Gilead purposefully raised drug prices to exorbitant levels – and that people living with HIV were denied the medicine they need to survive. It’s outrageous and now the company is facing long-term consequences,” said New York City Comptroller Scott M. Stringer. “When Wells Fargo defrauded customers, a clawback policy held executives accountable. Money made as a result of misconduct should not pad the pockets of bad-actors – and clawback policies ensure that misconduct is not rewarded. As long-term shareholders, Gilead must prove to investors that they have substantive measures to hold executives accountable. It’s not just the right thing to do, it’s a smart policy to help set a proper tone at the top for ethical conduct and thereby promote long-term sustainable growth.”

The Comptroller and the NYC Retirement Systems’ proposal specifically urges the Compensation Committee of the Board of Directors to adopt a policy “to provide that the Committee will (a) review, and determine whether to seek recoupment of incentive compensation paid, granted or awarded to a senior executive if, in the Committee’s judgment, (i) there has been misconduct resulting in a violation of law or Gilead policy that causes significant financial or reputational harm to Gilead and (ii) the senior executive either committed the misconduct or failed in his or her responsibility to manage or monitor conduct or risks; and (b) disclose the circumstances of any recoupment if the circumstances of the underlying misconduct are public.”

In 2013, the Comptroller’s office successfully negotiated an expanded clawback policy at Wells Fargo. Three years later, following a letter from Comptroller Stringer, the board of directors used the expanded clawback policy to recoup $60 million from the company’s CEO and another executive in the aftermath of the Wells Fargo fake account scandal. Since 2014, the Comptroller’s office has filed 18 clawback-related proposals, which were enacted by 11 companies.

Comptroller Stringer serves as the investment advisor to, and custodian and a trustee of, the New York City Pension Funds. The New York City Pension Funds are composed of the New York City Employees’ Retirement System, Teachers’ Retirement System, New York City Police Pension Fund, New York City Fire Department Pension Fund and the Board of Education Retirement System.

AG James And NYSP Superintendent Corlett Announce Takedown Of Nine Members Of Cocaine And Methamphetamine Trafficking Ring

Individuals Charged with 168 Crimes for Trafficking Drugs in the Hudson Valley and NYC

 Attorney General Letitia James and the New York State Police (NYSP) today announced a 168-count indictment charging nine individuals for their roles in an alleged cocaine and methamphetamine smuggling operation. The investigation, dubbed “Operation Final Cut,” seized more than four pounds of cocaine, one pound of methamphetamine pills, three loaded handguns, and two high-capacity ammunition feeding devices.

“We will continue to go after any individual who tries to profit off of the sale of illegal drugs,” said Attorney General Letitia James. “Not only did these individuals bring dangerous drugs into our communities, but they put their children and families in harm’s way by using their businesses as storefronts for this operation. I thank the New York State Police for their partnership in this investigation and continued work to ensure the safety of all New Yorkers.”

“Each day our members see the harmful effects drugs such as cocaine and methamphetamine have on individuals, families and our neighborhoods,” said New York State Police Superintendent Keith M. Corlett. “I applaud the hard work and cooperation between our state, federal, and local law enforcement and another successful investigation that resulted in the dismantling of this illegal drug and weapons trafficking operation. Together, we will continue to aggressively target and pursue criminals who bring dangerous drugs and weapons into our communities, threaten the safety and security of our neighborhoods, and profit at the expense of our citizens."

The year-long investigation, which began with the New York State Police Special Investigations Unit in August 2018, netted alleged dealers and traffickers in Dutchess County, Bronx County, and the State of Florida. The Dutchess County component of the case centered around several businesses in Poughkeepsie, including a pizzeria, café, and barbershop. 

The Attorney General’s investigation included hundreds of hours of physical surveillance, wiretapping, covert cameras, and undercover operations. During the course of wiretapping, conspirators frequently utilized coded and cryptic terminology in an attempt to disguise their illicit trafficking, such as referring to orders of cocaine as “cuts” and “white girl.” 

As alleged in the indictment, cocaine was suppled to Tony Jarrett for resale by Vincenzo Dalia and others to customers in Dutchess County. Dalia additionally purchased quantities of what he believed to be Adderall, but was in fact, methamphetamine from Florida, for resale. Dalia also purchased quantities of what he believed to be ecstasy, but was again methamphetamine, from Matthew Haddad, for resale. Haddad would obtain the pills from his supplier, Christian Myers, and on occasion bring them to Dalia at Dalia’s family-owned pizzeria in Poughkeepsie for resale for customers. During one occasion, Haddad brought his child to a meeting to exchange pills for money.

Law enforcement members effected multiple seizures of cocaine and illegally obtained controlled substance pills as well as three loaded firearms during the course of these drug trafficking activities.

The indictment, unsealed before Dutchess County Court Judge Edward McLoughlin, charged the following nine individuals with 168 crimes, including various counts of A-Felony level and B- and D-Felony level Criminal Sale and Criminal Possession of a Controlled Substance, and Conspiracy to commit those crimes. 

Those charged in today’s indictment include:

VINCENZO DALIA, 25, of Poughkeepsie, New York

KAREEM DEVAUGHN, 39, of Bronx New York

MATTHEW HADDAD, 33, of Poughkeepsie, New York

TONY JARRETT, 35, of Poughkeepsie, New York

SCOTT MITTELSTAEDT, 47, of Coconut Creek, Florida

CHRISTIAN MYERS, 28, of Poughkeepsie, New York

RISHAD THOMAS, 40, of Poughkeepsie, New York

SEAN WILLINGHAM, 37, of Bronx, New York

JAMAL WIMBUS, 35, of Bronx, New York

The investigation was led by Office of the Attorney General Organized Crime Task Force (OCTF) Investigator David Walsh and OCTF Supervising Investigator Bradford Miller, along with the NYSP Special Investigations Unit. OCTF investigators are supervised by Deputy Chief Christopher Vasta. The Attorney General’s Investigations Division is led by Chief Oliver Pu-Folkes. The Attorney General would also like to thank the U.S. Army National Guard Counterdrug Task Force for their assistance in this investigation.

The case is being prosecuted by OCTF Assistant Deputy Attorney General James Cudden, together with OCTF Analyst Julianna Siklos, under the supervision of Deputy Bureau Chief Lauren Abinanti. Nicole Keary is the Deputy Attorney General in Charge of the Organized Crime Task Force. OCTF is supervised by Chief Deputy Attorney General for Criminal Justice José Maldonado and First Deputy Attorney General Jennifer Levy.

The charges against the defendants are merely accusations and the defendants are presumed innocent unless and until proven guilty.

AG James And Governor Cuomo File Expanded Lawsuit Against International Joint Commission Over Substantial Flooding Damages

Suit Alleges that IJC failed to implement its flood protocol and provide relief to riparian owners

  Building on the New York State Department of Environmental Conservation’s (DEC) lawsuit against the International Joint Commission (IJC), Attorney General Letitia James and Governor Andrew M. Cuomo today filed an expanded lawsuit on behalf of New York State against the IJC for failing to implement its flood protocol for the Moses-Saunders Power Dam. Specifically, the IJC operated under a protocol known as “Plan 2014,” which required that when water levels reach extremely high levels, the dam “shall be operated to provide all possible relief to the riparian owners upstream and downstream.” As a result of the IJC’s actions and failures to act in response to flooding in 2017 and 2019, New York incurred substantial damages.

This lawsuit expands on the suit filed by DEC last month by also including damages incurred by all state agencies, including DEC, which collectively number more than $50 million. 

“The International Joint Commission failed their primary mission of properly managing Lake Ontario’s water levels,” said Attorney General James. “We will not stand by while the IJC continues to expose New Yorkers to dangerous flooding. The individuals and families along the shoreline do not deserve the pain of having to deal with the damages to their homes and businesses—damages that could have been avoided in the first place. We are hopeful that this lawsuit will bring safety, security, and justice to those most impacted by IJC’s negligence.”  

“The IJC’s mismanagement of Lake Ontario water levels wreaked havoc on vulnerable shoreline communities and the resulting damage carries a stiff price that shouldn’t be shouldered by the State of New York or by the very property owners the Commission was supposed to protect,” Governor Cuomo said. “The IJC has been wholly unresponsive to our complaints and have taken no action to make the situation better, and this expanded lawsuit will allow us to better recoup the costs of the damage and to hold the Commission accountable.”

Department of Environmental Conservation Commissioner Basil Seggos said, "My thanks to the Attorney General’s office for joining our effort to deliver justice to the victims of the IJC’s gross incompetence. The IJC had one job – manage water levels to protect people and property – and it failed miserably. This is a clear-cut case in which impacted shoreline residents are the victims, and the IJC is responsible. We welcome the might of the AG’s office and look forward to presenting our case in court.”

The Office of the Attorney General (OAG) is bringing this action on behalf of the departments and agencies of the State of New York, including, but not limited to the DEC, the Department of Transportation, the Division of Homeland Security & Emergency Services, the Division of Military and Naval Affairs, and the Office of Parks, Recreation and Historic Preservation. Directed by Governor Cuomo, DEC initiated litigation against the IJC on October 9, 2019. Today’s action incorporates DEC’s prior complaint, as well as adding impacts to other New York State agencies.  

The Office of the Attorney General and Governor Cuomo’s Office seek compensatory damages in excess of $50 million dollars for damages that include:

• Damages to state property;
• Damages consisting of monies the State spent and will spend to repair harms to property, municipalities, and residents; and
• Damages to natural resources, including the value of lost recreational activities.

Flooding on the shores of Lake Ontario in 2017 cost the State damages in excess of $4 million in damages, which included damage to State parks, beaches, campgrounds, boat docks, and boat launches. This was disastrous for thousands of businesses and New Yorkers along the Lake Ontario shoreline in Cayuga, Jefferson, Monroe, Niagara, Orleans, St. Lawrence, and Wayne counties.

Additionally, in 2019, flooding cost State property damages in excess of $2 million in damages. The public lost the value of the use of some facilities while they were closed for repairs or remained submerged under floodwaters. An emergency was declared for the counties of Cayuga, Jefferson, Monroe, Niagara, Orleans, Oswego, St. Lawrence, and Wayne as a result of the damage caused by continued high Lake Ontario water levels. The State activated the State Emergency Operations Center for 125 days to conduct operations across eight New York counties and hundreds of miles of shoreline.

Several State agencies also incurred substantial expenses in connection with their responses to the flooding. DEC and the New York National Guard fortified public and private shorefront property with water barriers and other equipment. The Division of Homeland Security & Emergency Services (DHSES) deployed sandbags, sandbagging machines, pumps, and water barriers.

DHSES also activated the State Emergency Operations Center for 125 days to conduct operations across eight New York Counties and hundreds of miles of shoreline. The Department of Transportation oversaw sandbag filling operations and activated its incident command system. In total, State agencies’ response costs exceeded $37 million.

Additionally, the State has spent more than $100 million dollars helping homeowners, small businesses, municipalities, and others repair property damage from flooding in 2017 and 2019. These funds have been distributed through New York State Homes and Community Renewal in connection with the Lake Ontario-St. Lawrence Seaway Flood Relief and Recovery Grant Program, as well as through Empire State Development and the Lake Ontario Small Business Recovery Fund.

The U.S.-Great Britain Boundary Waters Treaty, Plan 2014, the 2016 Supplementary Order of Approval, and other applicable laws impose a duty on IJC to operate the dam in a manner that safeguards the interests of riparian property owners on the New York shores of Lake Ontario and that meets a standard of reasonable care for those property owners.

Bronx Borough President Ruben Diaz Jr. - Albania's Independence

Stand Up To Violence “Shooting Response Rally” on Tuesday Nov 49th 6 PM at 700 Adee Ave

CITY EXPANDS AWARD-WINNING, NATIONALLY RECOGNIZED SUPERVISED RELEASE PROGRAM IN RESPONSE TO STATE BAIL REFORM

Manhattan D.A. Vance to provide $100 million to launch the expansion with funds forfeited in D.A.’s investigations against major banks

City Council to pledge $7 million in funding

In anticipation of new State bail reform measures, New York City will launch an expansion of its successful Supervised Release program as a proven alternative judges will be able to assign in lieu of bail, or where additional support is required to ensure an individual returns to court.  Given the law’s new restrictions on who and when courts will be allowed to impose cash bail or remand defendants to jail, Supervised Release provides a much-needed alternative, with a proven track record of getting the vast majority of participants back to court and providing connections to vital pre-trial services. Community-based and supportive in design, the expansion of this successful pre-trial system aims to continue to make New York City the safest big city in the nation.

“With the lowest rate of incarceration of any major city, New York City is proving you don’t need to arrest your way to safety,” said Mayor de Blasio. “We are taking additional steps to ensure that people who can be safely supervised in the community are able to stay there, all while keeping crime at historic lows.”

Launched in 2016 by Mayor de Blasio with a $13.8 million investment from D.A. Vance, Supervised Release deploys social and case workers, rather than law enforcement officials, with a host of options to both make sure participants make their court hearings, while also matching those with specific needs to supportive services and resources.

Supervised Release has seen nearly 15,500 people enter the program since its launch. According to the most recent statistics, nearly 90% of clients made every court appearance while in the program, while 92% of clients had no felony re-arrests during that time. About 4,200 people have entered the program so far in 2019.

With its expansion, Supervised Release is expected to accommodate a three-to-four-fold increase in participants. The program will include the option of having enhanced tracks, thereby allowing it to serve any individual, regardless of charge, who a judge believes would benefit from the program.” 

The new Office of Pretrial Services, housed with the Mayor’s Office of Criminal Justice, will oversee the expansion and operation of Supervised Release, acting as the City’s primary coordinating point for the providers, court officials, judges, and law enforcement agencies involved in pre-trial activities.

“Over the past five years, New York City has undergone a fundamental shift in how we experience and understand safety, as crime has continued to fall alongside the City's jail population, even as law enforcement has lightened its touch,” said Mayor’s Office of Criminal Justice  Director Elizabeth Glazer. “Supervise Release has played a critical role in this process, and offers a strong, proven solution to the challenges and opportunities provided by the State's bail reform measures.”

With the passage of bail reform in Albany earlier this year, courts must turn to non-monetary alternatives to bail, or release on recognizance, for all but the most serious of felony charges. Criminal justice organizations estimate that approximately 40% of those in New York City jails at the time the law was passed would have been ineligible for bail or jail under the legislation.

City leaders recognized the safety and fairness needs created by the new laws that could be addressed by Supervised Release’s expansion. The Manhattan District Attorney’s office, dedicating funds recovered in its investigations against major banks, has pledged $100 million that will help support Supervised Release. The City Council has also pledged $7 million in Fiscal Year 2020.  This brings the investment in Supervised Release to $37 million this year and $116 million each year in Fiscal Year 2021 and Fiscal Year 2022. 

“The success of New York’s new criminal justice laws depends on New Yorkers attending their court dates, said Manhattan D.A. Cy Vance, Jr. “My Office is proud to invest in pre-trial services that help defendants stay on top of their court appearances using funds recovered in our investigations against major banks. I thank Mayor de Blasio and Director Glazer for their ongoing collaboration to build on the remarkable success rate of New York City’s nationally recognized pre-trial services program.”

“Supervised release has been an incredibly successful tool, which is why I am thrilled to see this expansion. Giving opportunities to pretrial defendants is a critical part of our overall efforts to reform a system in a way that prioritizes rehabilitation, which is our ultimate goal,” said Council Speaker Corey Johnson.

Under D.A. Vance, the Manhattan D.A.’s Office has invested hundreds of millions of dollars recovered in enforcement actions against major banks in community-based and intergovernmental projects that strengthen communities, prevent crime, and accelerate reform in the justice system. In addition to providing majority funding for New York City’s first supervised release program in 2016, the Manhattan D.A’s Office is funding New York’s first statewide college-in-prison program, a nationwide effort to end backlogs of untested rape kits, and dozens of other transformative projects.

While Supervised Release’s cardinal aim is returning defendants to court, it is also an innovative, time-tested, and progressive model for how alternatives to bail can be driven by communities and supportive services, rather than law enforcement sanctions alone, including:

·         Incorporating culturally competent and evidence-informed therapeutic interventions which allow program staff to help clients navigate everyday challenges, build skills and support resilience.

·         Hiring staff who have lived experience in the criminal justice system to mentor participants to encourage successful completion of the mandates during the pre-trial period. Former participants could one day serve as mentors. 

·         Providing individualized support targeted to the needs of the individual, including referrals to mental health and substance use services, rather than blanket release “conditions.”

·         Incorporating smaller neighborhood-based and run organizations to build capacity within communities to work with individuals going through the court process.

These practices avoid bail alternatives used in other jurisdictions that have a law enforcement approach and rely on punitive and surveillance-oriented tools like drug testing, extensive electronic monitoring, and fees for supervision that are not shown to be effective, but often serve to draw people further into the criminal justice system.

“Over the past few years, New York City has proven that we can significantly cut the use of jail in our city and remain safe.  The success of the supervised release program has been a major part of these efforts,” said Tyler U. Nims, Executive Director of the Independent Commission in NYC Criminal Justice and Incarceration Reform. “The expansion announced today by the Mayor, Council, and DA Vance is a commendable next step towards further reducing unnecessary incarceration, closing the Rikers jails, and making sure that we deliver on the promise of bail reform.  To achieve those goals, the program should be used as an alternative to incarceration rather than imposed on those who would return to court without supervision.”

“We are glad that the City has taken this crucial step toward making sure that the new bail legislation reaches its full potential,” said Marie Ndiaye, Supervising Attorney of the Decarceration Project at The Legal Aid Society. “An expansion of the Supervised Release program is key to ensuring that the most people are released pretrial and that those people have access to services and resources. These alternatives to incarceration programs are proven and central to finally closing Rikers Island and reducing the local jail population.”

Wave Hill events Nov 28‒Dec 5

Thu November 28

Thanksgiving Day

Wave Hill is closed today. Enjoy the Thanksgiving Day holiday. The gardens reopen Friday, November 29.

Fri, November 29

Black Friday Meditation

Avoid “Black Friday” busyness! Join us for a community meditation focused on gratitude and clearing your mind of holiday clutter. Get inspired by the outdoors and the peace and tranquility that nature evokes, and learn how to work loving kindness into daily life. Led by Neem Dewji of Yoga for Bliss. Registration not required. Please bring a meditation cushion and be on time; latecomers will not be admitted. Free with admission to the grounds.

Wave Hill House, 11AM–NOON

Sat, November 30

Family Art Project: Symbiosis Scenes

Symbiosis is everywhere! Lichen is formed from the symbiotic relationship between fungus and algae: cleaner fish help bigger fish by picking at dead matter on their skin. Sea anemones ride on the backs of hermit crabs and, in return, hermit crabs are protected from octopuses. These are just a few examples of plants and animals in relationship with one another. Create scenes of symbiosis in a diorama to highlight your favorite plant or animal partnerships. Free, and admission to the grounds is free until noon.

Wave Hill House, 10AM–1PM

Sat, November 30

Gallery Tour

Tour Glyndor Gallery with Wave Hill’s Curatorial Assistant or Gallery Greeter to get an insider’s view of current exhibitions. A flower’s life cycle of budding, blooming and pollinating, as well as its process of decay, strongly echoes the human condition. The exhibition Figuring the Floral features artists who apply this symbolism to their work—touching on race, ethnicity, class, gender, sexual orientation, aging and other facets of identity. Participating artists are Derrick Adams, Nicole Awai, Bahar Behbahani, Christian Ruiz Berman, Sanford Biggers, Cecile Chong, Max Colby, Abigail DeVille, Valerie Hegarty, Christopher K. Ho and Kevin Zucker, Diana Lozano, Natalia Nakazawa, Ebony G. Patterson, Bundith Phunsombatlert, Lina Puerta, Simonette Quamina, David Rios Ferreira, Alexandria Smith, Katherine Toukhy, Lina Iris Viktor, William Villalongo and Saya Woolfalk. Free with admission to the grounds.

Glyndor Gallery, 2PM

 

Sun, December 1

Family Art Project: Symbiosis Scenes

Symbiosis is everywhere! Lichen is formed from the symbiotic relationship between fungus and algae: cleaner fish help bigger fish by picking at dead matter on their skin. Sea anemones ride on the backs of hermit crabs and, in return, hermit crabs are protected from octopuses. These are just a few examples of plants and animals in relationship with one another. Create scenes of symbiosis in a diorama to highlight your favorite plant or animal partnerships. Free with admission to the grounds.

Wave Hill House, 10AM–1PM

Sun, December 1

Garden and Conservatory Highlights Walk

Join a Wave Hill Garden Guide for a public tour of seasonal garden highlights. Free with admission to the grounds.

Meet at Perkins Visitor Center, 2PM

Mon, December 2

Wave Hill is closed.

                         

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS – Open all year, Tuesday through Sunday and many major holidays: 9AM–4:30PM, November 1–March 14. Closes 5:30PM, starting March 15.

ADMISSION – $10 adults, $6 students and seniors 65+, $4 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES – Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

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.