Thursday, May 28, 2020

Comptroller Stringer Calls on City to Publicly Release Antibody Testing Data


Comptroller pens letter to DOHMH Commissioner Barbot calling on the City to make public critically important COVID-19 antibody testing data to better understand scope of pandemic
Stringer emphasizes importance of utilizing antibody testing data to effectively address disproportionate impact of COVID-19 on vulnerable New Yorkers and communities of color
  New York City Comptroller Scott M. Stringer sent a letter to New York City Department of Health and Mental Hygiene Commissioner Dr. Oxiris Barbot calling on the City to publicly release critically important COVID-19 antibody testing data to better understand the scope of the pandemic and its impacts on vulnerable communities and New Yorkers of color. The Comptroller’s letter made note of information from New York State’s sample of antibody tests indicating that the rate of positive antibody tests in the Bronx alone was 34 percent — much higher than the 19.9 percent for the city overall — which further underscored the need for transparency.
Comptroller Stringer noted that making aggregated antibody testing data public would help improve the city’s understanding of rates of infection by neighborhood and social status; improve understanding of the new pediatric multisystem inflammatory syndrome affecting children and young people; enable comparisons of varying antibody tests administered by different health providers, and provide greater information to the public on how to achieve a safe and strategic reopening.
The full text of the letter can be found below and here.
Dear Commissioner Barbot,
As I know you agree, it is imperative that our City’s pandemic response be driven by data and the best available science on the disease. Recent advances in the availability and accuracy of antibody testing promise to help us better understand the scope of the current crisis and to develop more precise strategies to combat the spread of the virus. With the aim of increasing transparency and better informing strategies for a safe re-opening, I am calling on the New York City Department of Health and Mental Hygiene to aggregate and make public results of all COVID-19 antibody tests.
Antibody testing is being offered widely by health care providers in New York City to identify individuals who have been exposed to SARS-CoV-2, and may have acquired some degree of immunity. On May 2nd, the Governor announced that in a sample of antibody test results as many as 19.9 percent of City residents were found to have been exposed to the virus and earlier this week the Governor offered further information relating to 8,000 antibody tests done at NYC churches in lower-income New York City communities and communities of color. According to the Governor, the rate of positive tests in the Bronx alone was 34 percent, compared to a Citywide average of 19 percent. These disparities are alarming and further demonstrate how the virus has preyed disproportionately on the vulnerable and communities of color.
Antibody testing information offers a crucial datapoint that must be a foundation of our public health response to this virus. Communicable disease reporting is required by both the New York State Sanitary Code and the New York City Health Code, due to the compelling public interest in allowing government to act on relevant health data. New York State clarified that antibody test reporting is also required in guidance issued on April 30, and the New York State Department of Health confirms it is providing this data to the City. However, the City has not disclosed any data or offered any information how the City makes use of the data provided. The City must disclose aggregate antibody testing data from all New York City health care providers so that we do not lose the opportunity to learn everything we can about this virus. Disclosure of aggregate antibody testing would:
Improve our understanding of rates of infection by age, neighborhood, sex, race, ethnicity, health status, immigration status, and employment. We have seen firsthand how this disease disproportionately impacts immigrants, seniors, those living in overcrowded households, and those in neighborhoods with poor air quality. This data would be critical to unpacking varied health outcomes and developing strategies to meet those specific challenges.
Dispel fear and improve understanding of the new pediatric multisystem inflammatory syndrome manifesting itself among NYC children by measuring coronavirus exposure among children. Parents across our City are confused and scared for their children. While I know the City is releasing what information it has about this disease, I firmly believe that more information is the best way to combat fears and that greater data transparency would help to assuage concerns. Establishing a baseline estimate of infection rates among children and comparing that with the known incidents of this syndrome will allow us to better understand its scope.
Enable comparisons of different antibody tests being offered by different providers. New Yorkers are already lining up for antibody tests at healthcare providers around the City, but these tests have been brought to market very quickly, and some are likely more accurate than others. Disclosing data from across different antibody test makers could potentially allow us to see if different tests done on similar populations show similar results, which would be reassuring, or different results, which could help identify problems.
Provide greater information to ensure a more effective response to the pandemic and to inform a safe, strategic reopening. As we work together to safely reopen our city and economy, better information about exposure will be critical to the many decisions ahead.
DOHMH should work immediately to release aggregate antibody test data as soon as possible. If there are any roadblocks to disclosing this data, DOHMH should work to clear them. As we move forward, regular reporting of antibody test results will provide data to improve decision making and help protect more New Yorkers from this virus.
Sincerely,
Scott M. Stringer
New York City Comptroller

Governor Cuomo Calls On U.S. Senate to Pass a Coronavirus Relief Bill That Helps All Americans


Reiterates Call for Repeal of SALT

Renews Call for 'Americans First Law' Stating a Corporation Cannot Be Eligible for Government Funding if it Does Not Rehire the Same Number of Employees it Had Before the COVID-19 Pandemic

Urges President Trump to Support a Real Public Infrastructure Program and Approve Infrastructure Projects in New York

Ninth Region Hits Benchmark to Begin Reopening Today; Long Island Joins Mid-Hudson Valley, Capital Region, Western New York, Central New York, North Country, Finger Lakes, Southern Tier and Mohawk Valley Regions, Which Have Met the Seven Metrics Required to Begin Reopening

Confirms 1,129 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 364,965; New Cases in 45 Counties

Governor Cuomo: "States are responsible for the enforcement of all the procedures around reopening but at the same time the federal government has a role to play and the federal government has to do its part as we work our way through this crisis. There cannot be at national recovery if the state and local governments are not funded."

Cuomo: "You have people saying, well don't want to pass a bill that we continue don't want to pass a bill that helps Democratic states. It would be a blue state bailout is what some have said. ... It is an un-American response. We're still the United States of America."

Cuomo: "You look at the states that give more money to the federal government than they get back. ... New York pays more every year - $29 billion more - than they take back. ... People can still add and people can still subtract and they know what they put in and they know what they take out. ... My point to our friends in the Congress: Stop abusing New York. ... Stop abusing the states who bore the brunt of the Covid virus through no fault of their own."

 Amid the ongoing COVID-19 pandemic, Governor Andrew M. Cuomo earlier today called on the U.S. Senate to pass a coronavirus relief bill that helps all Americans and provides unrestricted fiscal support for states. The next bill should focus on funding state and local governments, working families, state testing and tracing efforts and a real economic stimulus with no handouts to corporations who do not protect their workers and only enrich executives or shareholders. The House of Representatives has already passed a bill that includes $500 billion for states and $375 billion for locals; Medicaid funding for the most vulnerable; increased SNAP food assistance; 100 percent FEMA federal assistance; funding for testing; and repeals SALT cap to help states most affected by COVID-19.

Governor Cuomo also reiterated his call for the U.S. Senate to repeal the SALT limitations. The states most impacted by COVID-19 represent more than one-third of the national GDP. They also send tens of billions of tax dollars more to the federal government than they get back, and the dollars they send are then redistributed to other states and big corporations. These very same states that have been most impacted by COVID-19, are also the states that were hit hardest by the cap on state and local taxes, the politically motivated first double tax in U.S. history that was implemented by the federal tax law in 2017.

The Governor also renewed his call for Congress to pass the 'Americans First Law' to help prevent corporate bailouts following the COVID-19 pandemic. First proposed by the Governor on May 10th, the legislation states that a corporation cannot be eligible to receive government funding if it doesn't maintain the same number of employees that the corporation had before the COVID-19 pandemic.

The Governor also urged President Trump to support a real public infrastructure program and to advance infrastructure projects in New York -- including the LaGuardia AirTrain, the Cross-Hudson Tunnels, and the Second Avenue Subway expansion -- to help supercharge the economy.

The Governor also announced that Long Island has met all seven metrics to begin phase one of reopening today, joining the Mid-Hudson Valley, Capital Region, Western New York, Central New York, North Country, Finger Lakes, Southern Tier and Mohawk Valley Regions.

MAYOR DE BLASIO on COVID-19 - May 27, 2020


  Mayor Bill de Blasio: Well, good morning, everybody. This city continues to move forward because of all that you are doing. Again, I express my thanks every day for New Yorkers who are doing so much to fight back this disease, get us past this crisis and on to better times. We've talked a lot about the crucial new pieces of the equation. More and more testing, and our tracing program. Tracing contacts so we can contain the disease further. We've made some big strides the last few days on these fronts.

So, to review – look, a few days ago we wanted to get to 20,000 tests per day in New York City. That was something that for months alluded us. Being able to get to that basic level, 20,000 tests per day. We hit that number ahead of schedule. Now as of today, we are at 27,000 tests per day capacity and growing. We're well on our way to our goal of getting to at least 50,000 tests in the coming weeks, and then we're going to go and surpass that. The testing initiative now has over 180 sites that are either up and running or have been announced and are on the way. So, to get easier and easier for more and more New Yorkers to get testing, and that's going to help us move forward. And then tracing, as I said, the goal originally was to have a thousand contact tracers trained ready and on the field by June 1st. That number will now be 1,700 by June 1st, and then we'll grow from there. We are going to get to the level of 2,500 contact tracers in the first half of June. And then as I've said, we are ready to go to as many as five to 10,000, that's what will help us beat back this disease.

It is the ability to take care of people who are found to either be symptomatic or who test positive. It's so crucial to think of why we need to take care of folks in that situation because if we take care of them, we help them to get well. But of course, we also help them to not spread the disease. Now, any individual who test positive for the disease, anyone who's symptomatic, we've been telling you for months, there are things you have to do, because once you know you are symptomatic, once you know you test positive, you know there are things that you can do to make sure that you of course take care of yourself, but also that you don't spread the disease inadvertently. 

We want to take care of you, and all the people in your life, and that's where the take care point comes in. We can do a lot to help you because think about it, if you're able to safely separate and be at home, well, okay, then you still need help, right? You need to make sure you're getting medical attention. You need to be able to check in with medical personnel as you're progressing or if there's a problem to address it. You need food, you need all the basics to get to you. You might need prescriptions. How do you do all that? Well, we are setting up an apparatus that will allow us to support you. If you're at home and you can isolate properly at home, then this apparatus will support you safely separating at home. If you have to be in a hotel, we'll be able to help you as well. But just to make clear at home, we can account for the whole range of needs, meals, prescriptions and medication, physical health support, mental health support. People are going through so much, and we have to make sure that people have that support as well. So, there'll be regular contact with our test and trace team. There'll be phone calls in person visits when necessary. Text messages, you name it to stay close, stay connected. And who does all this work, who makes sure you have what you need, these are the folks we call resource navigators. They help you safely separate at home.

All of this is free. I'm going to say this many, many times today and the days and weeks to come. Every bit of this service is being provided for free, because this is how we help people. This is how we overcome this disease. If you end up knowing you need to separate from people at home but you need that support, the last thing you should have to worry about is how am I going to pay for it. We have brought on 15 community-based organizations as you see there on the screen. These organizations will actually hire the resource navigators from local communities. They're going to be familiar with all the neighborhoods of the city. They’re going to speak the languages of all the neighborhoods of the city, be able to connect with people. That initiative is starting right now. Those navigators will be on the ground next week starting their work as the contact tracing starts to grow, and ramping up so that we'll have plenty of capacity to reach anyone who needs that help.

So, if you have a loved one in your home, and they're older, and you want to protect them, you clearly might be better off going to one of the hotels to make sure there's no risk to the person you love. So, right now, we have 1,200 hotel rooms right ago. And again, I’m going to keep saying that key word free. We'll more than double that number to over 3000 rooms in the course of the next few months. But the bottom line is as many rooms as we need, we're going to have, so we're already planning on building that out, but here is the simplest rule in the world. Anyone who needs that hotel room to safely separate from the other people they live with, they will get that hotel room for free. This is how we protect people.  What does that mean? It means daily medical check-ins. It means meals, it means laundry. It means making sure you get, again, any medicines delivered that you need. It means mental health support as well as physical health support.

You talk about period of up to 14 days, it's not forever, but for that period of time we're going to make sure you have what you need. How do you get to a room? Well, obviously if you're identified as someone who has tested positive or is symptomatic through our test and trace initiative, they'll be able to, people involved in the contact tracing will be able to refer you to a hotel room, make all the components come together, get you the transportation you need, etcetera. But what if, for example, you go in to a doctor's office, and this the doctor who says, wait a minute, you know, you're symptomatic or the doctor tells you, they in fact did the test with you, come back and say the test is positive. It's important that you safely separate, its important you go to a hotel.  So, any health care provider all over the city, they can simply email CommCareCP@nychhc.org. This is a simple process through which any health care provider can make sure that you get the hotel room you need, if that's the best way to protect your loved ones and help you through this situation.

Let's say you don't have a doctor, well we’ve said many times, any New Yorker who's in the middle of an urgent situation needs to check on what's going on, wants to talk to a health care professional who doesn't have their own, you can always call 3-1-1 and get connected to a health care provider, to an Health + Hospitals clinician. But specifically if you know you're symptomatic already, if you're know you're symptomatic, you know in a living situation that you can't safely separate from others, you can call directly to our COVID hotline to get connected to the hotel program, and that number is 844-692-4692. When you call that number, if you say, look, here's my situation at home, here are my symptoms. A doctor will evaluate it with you, and they say, yup, that's time to go to hotel, then all of the wheels start in motion and we make sure you get the support you need. So, again, it's test, it’s trace, it’s take care, they all go together. So, we're getting members from 60 great organizations around the city. They really represented a wonderful cross section in New York City, they'll be meeting twice a week with our test-trace and take care of team and they'll be guides helping us think through how to keep making this the very best effort it can be. I can't emphasize enough how important this will be in beating back this disease cause remember the coronavirus thrives when there isn't that ability to find each and every person who needs help. But when every single day you find more and more people who need the help and get them the help they need and that happens faster and faster and better and better, that keeps constricting the spread of this disease. That's what has worked around the world and that's what's going to work here in New York City.

Okay. Now, as we continue to fight this disease, as we work towards this restart, let's of course always think about the horrible physical toll this disease has taken. The people we have lost, we think about them all the time. The people who are still suffering. The folks who we worry about, particularly because they're older and they have those preexisting conditions that we want to protect. The physical reality is always in the front of our minds, but as usual, the mental health reality often escapes our view, and this is something we should not allow to happen. We know the history of this country has been that somehow mental health has been too much of a taboo subject, but the mental health challenges of coronavirus had been profound. People have felt scared, anxious, confused, isolated, and they need more support than ever. And they need to talk about it and get it out and know that someone's listening and someone cares. This was abundantly clear to me yesterday I toured Queensbridge houses with some wonderful leaders of our cure violence movement, community activists who had done so much to keep neighborhoods safe. I talked to a lot of the residents of Queensbridge houses, largest public housing development in the city, in fact, in this country. People are carrying a weight, it's a very deep weight and it's a very real weight and we have to address it now and going forward. We've talked before, there's a lot to do this summer going into the fall, particularly for our school children. And this is a time to think about mental health in general and it is mental health awareness month. So, everybody this is a time to reflect, to think about how we support all those people, those health care heroes, those first responders, they'd been through a lot. How we make sure that mental health services are available in the places that are doing such important work. Our hospitals, our shelters, the places that serve young people, including a homeless youth, making sure that we're attending to that, not just the physical needs but the mental health needs as well. Mental health services that people need, mental health information they need. And it's a reminder this month and every month, if for any reason you need trained counselor to talk to 24/7 multiple languages and yes, for free, always for free call 888-NYC-WELL you are never alone in New York City. If you need mental support or someone in your life needs mental health support and you want to talk about how to get it to them, call 888-NYC-WELL.

We are now in a fiscal crisis here in this city. It is not the responsibility or fault of anyone in these five boroughs. We didn't ask for the coronavirus and we have spent so much time, energy, heart, soul and money fighting back the coronavirus and often alone without the help of our federal government, but New Yorkers have done it. I originally reported to you last month that between the current fiscal year and the one that begins July 1st we had $7.4 billion in projected loss revenue because of course the economy is not functioning the way it normally does and that's taken away all the money that we use to provide services to all of you. $7.4 billion, we now have a new estimate that we have just published and I'm very sorry to have to give you this news, but it's not shocking to me that things have gotten worse. We are now $9 billion in the hole between the current fiscal year and the one that begins July 1st. $9 billion and we project unfortunately beyond next fiscal year additional lost revenue that will hold us back further. There is literally no way that we can solve this problem without federal help or without having to make very, very painful choices that will affect the quality of life in this city. Our building provide basic services and how many people we're able to employ to support you in the middle of a pandemic in the middle of a moment where people need that public support and help more never in the middle of a moment where we were spending billions of dollars to protect your health and safety, to make sure you're fed, to make sure there's a roof over your head. This is the very time where we're not getting the help from the US, Senate or the President and we are getting to a point of really tough choices. We have to pass a budget by law by the end of June. So, we have about four weeks.

So, this week I asked the State of New York for help. I asked the State of New York to give us a fallback, to give us a safety net and that is borrowing authority. We need some capacity to borrow. After 9/11 in the middle of that crisis, Mayor Bloomberg went to Albany, asked the Legislature and the Governor to support New York City and provide borrowing authority – they did. New York City handled that borrowing authority smartly, wisely – got us through that crisis, got us to the point we were just a few months ago before this pandemic, a strong city, economically strong, providing so much support to our people, safest big city in America, highest number of people employed in the history of New York City. That's where we were in February – that recently – because this city has been smart in its stewardship of our resources, smart in the way we serve our people and grow our economy, we need to keep doing that. So, we've asked the state for that borrowing authority. By the way, the State has granted itself the very same borrowing authority. In April, the State granted itself $11 billion in borrowing authority. I've asked Albany for this borrowing authority so we can protect our people and I know a lot of people are stepping up in the city and saying that's the right thing to do; a lot of folks in our labor community have stepped forward and let leaders in Albany know how important it is to protect working people and to keep working people, working by having this authority as a last resort. So, this is a city unlike the city we knew decades ago; decades ago, New York City went through a lot of trouble and we learned a lot of valuable lessons. The city of today, a strong, careful, smart city when it comes to our finances; this is a city that can and must move forward, that can and must provide basic services. Let's keep fighting for that federal stimulus. That's the right way to do it, but in the meantime, let's get that borrowing authority from Albany to make sure we have that fall back and to make sure we can protect our people.

Now, let me turn to our daily indicators and thresholds and again I'm going to refer to the structure we're using now and this again is an example of the success that has been achieved in this city that we're talking now in terms of these thresholds. So, the first one is the daily number of people admitted to hospitals for suspected COVID-19 – remember, we want to see that beat under 200 individuals a day. That is a level that is sustainable if it's under 200 a day. Look at today's report, 55 for a city of 8.6 million people – only 55 people admitted to the hospital for suspected COVID-19. That's really good news. Now daily number of people in our Health + Hospital’s intensive care units - so this threshold, we want to keep that under 375. We have a little more work to do – we're at 431 patients today, but we're confident that number can continue to go down and we'll continue to go down. So, more work to do there, but on the right track. And so important, the percentage of people tested citywide who are positive for COVID-19, again staying under that 15 percent threshold is what we want to see. We are at 8 percent today and that is so good to see every day we're in single digits. So that progress is because of you; don't let up. Keep at it with the social distancing, shelter in place, wearing the face coverings. Let's be smart as we get ready for the next phase, let's do things the right way and that's what gets us to the next phase.

Councilman Mark Gjonaj Gives out Hundreds of Face Maks and Bags of Food in Pelham Bay.


Councilman Mark Gjonaj came to the awaiting crowd at Keane Square Park in the Pelham Bay section of his council district with face masks and bags of food. Hundreds of bags were filled with various food item from canned goods to boxes of pasta. After receiving a bag or two of groceries Councilman Gjonaj then gave the person enough face coverings for the whole family. 


Above - The awaiting crowd of people at Keane Square Park in Pelham Bay.
Below -  Bins filled with bags of groceries to be given out to the people at the park.





After receiving a bag or two of food, Councilman Gjonaj asked how many people were in the persons family giving that person enough face coverings for all in the family.

Wednesday, May 27, 2020

FREE GROCERIES AND FACE MASK DISTRIBUTION - FOR RESIDENTS OF “MOORE HOUSES DEVELOPMENT”


  FREE GROCERIES AND FACE MASK DISTRIBUTION
 
You should know that The New York Hispanic Clergy Organization chaired by Rev. Ruben Diaz, Sr. along with Bronx Borough President Ruben Diaz, Jr., Assemblywoman Carmen Arroyo, and Councilwoman Diana Ayala will be distributing (this Thursday 28th) free food and masks for the first (500) families of Moore Houses.
 
Where: Moore Houses Development
Address: 525 Jackson Avenue (Corner of 149th St)
Bronx, NY
 
Date: Thursday, May 28, 2020
 

FOR RESIDENTS OF “MOORE HOUSES DEVELOPMENT

New Jersey Man Arrested For $45 Million Scheme To Defraud And Price Gouge New York City During COVID-19 Pandemic


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Margaret Garnett, the Commissioner of the New York City Department of Investigation (“DOI”), announced the arrest of RONALD ROMANO for attempting to deceive and price gouge New York City (the “City”) into paying him and his co-conspirators approximately $45 million for personal protective equipment that ROMANO did not possess and was not authorized to sell.  ROMANO committed this scheme in an attempt to exploit NYC as it was trying to manage the impact of the COVID-19 pandemic and obtain these resources to help protect the lives of hospital and other frontline workers.  ROMANO is charged in a criminal Complaint, unsealed today, with one count of conspiring to commit wire fraud, one count of wire fraud, and one count of conspiring to violate the Defense Production Act.  ROMANO will be presented this afternoon in Manhattan federal court before U.S. Magistrate Judge Ona T. Wang.

U.S. Attorney Geoffrey S. Berman said:  “As alleged, used car salesman Ronald Romano saw the current health emergency as an opportunity to cash in, using lies and deception in what he envisioned as a get-rich-quick scheme.  Romano allegedly lied repeatedly about his authority and ability to sell large quantities of personal protective equipment to the City – equipment he knew was desperately needed for use by frontline medical workers and first responders.  And he allegedly offered to sell this phantom equipment to the City at grossly inflated prices.  Now Ronald Romano’s short-lived second career as a purveyor of vital protective gear is over.”
DOI Commissioner Margaret Garnett said:  “At a time when the pandemic was ravaging New York City, this defendant greedily preyed on the City’s desperate need for protective equipment to stop the spread of the virus. But, instead of reaping millions of dollars, the scheme received a dose of old-fashioned, New York City skepticism from procurement specialists at the City’s Department of Citywide Administrative Services (DCAS), when the City called the supposed manufacturer to confirm the astronomical asking price. The defendant’s ruse unraveled, and these City workers proved that heroes have an array of titles. I thank the Office of the United States Attorney for the Southern District of New York for its partnership on this important investigation, one that demonstrates there is no tolerance, at any time, in particular during this crisis, for individuals who seek to victimize this City by holding essential workers’ safety hostage to price-gouging and fraud.”
According to the allegations in the Complaint unsealed in Manhattan federal court:[1]
In approximately February 2020, ROMANO, a used car dealer, began attempting to obtain for resale large quantities of personal protective equipment (“PPE”), including N95 respirators.  In furtherance of the scheme, ROMANO, among other things, created a fictitious authorization letter in March 2020, which falsely represented that ROMANO’s company was authorized to sell millions of units of 3M-brand PPE.  Shortly thereafter, in mid-March 2020, brokers acting on ROMANO’s behalf approached New York City (the “City”), which at the time was in critical need of legitimate, potentially lifesaving PPE, including respirators, in order to supply frontline healthcare workers and first responders during the COVID-19 public health emergency.  During ensuing negotiations, ROMANO and others repeatedly made false and fraudulent representations regarding, among other things, their authority and ability to supply 3M-brand PPE manufactured in the United States, and their track record in other PPE deals.  In an effort to close a deal for seven million N95 respirators, ROMANO, among other things, submitted a false and misleading references document to the City, which, among other things, listed a PPE deal with the Florida Division of Emergency Management (the “FDEM”) that had never occurred and separately provided a co-conspirator as a reference.  ROMANO hoped to get profit quickly through the scheme.  As he described in a message to a co-conspirator, “I’m working on a few deals that if I get any of them you might be buying a Ferrari.” 
In furtherance of this scheme, ROMANO attempted to sell PPE at prices far above the prices at which he hoped to acquire the PPE, including after such PPE was designated as scarce materials under the Defense Production Act on March 25, 2020.  ROMANO offered three-ply N99 facemasks to FDEM at prices marked up by more than 500% from the manufacturer’s prices, and he separately offered the City millions of 3M-brand N95 respirators at more than a 400% markup from the list price for such respirators.
ROMANO, 58, of Manalapan, New Jersey, is charged with one count of conspiring to commit wire fraud and one count of wire fraud, each of which carries a maximum sentence of 30 years in prison, and one count of conspiring to violate the Defense Production Act, which carries maximum sentence of not more than one year 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 the judge.
Mr. Berman praised the Special Agents of the United States Attorney’s Office for the Southern District of New York for their outstanding investigative work, and thanked the New York City Department of Investigation for their invaluable assistance with this matter.  Mr. Berman also thanked the 3M Company for its assistance in the investigation.
Mr. Berman thanked the Department of Justice’s COVID-19 Hoarding and Price Gouging Task Force.  Attorney General William P. Barr created the COVID-19 Hoarding and Price Gouging Task Force, led by Craig Carpenito, United States Attorney for District of New Jersey, who is coordinating efforts with the Antitrust Division and U.S. Attorneys across the country wherever illegal activity involving protective personal equipment occurs. 
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Licensed Pharmacist Charged With Hoarding And Price Gouging Of N95 Masks In Violation Of Defense Production Act


Defendant Richard Schirripa Is Also Charged with Making False Statements to Law Enforcement, Committing Healthcare Fraud, and Committing Aggravated Identity Theft

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Office of Homeland Security Investigations (“HSI”), Philip R. Bartlett, Inspector in Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), and Raymond Donovan, Special Agent in Charge of the New York Office of the Drug Enforcement Administration (“DEA”), announced the arrest today of RICHARD SCHIRRIPA, a/k/a “the Mask Man,” a licensed pharmacist, on charges of violating the Defense Production Act by hoarding and price gouging scarce N95 masks; making two false statements to law enforcement; committing healthcare fraud; and committing aggravated identity theft.  SCHIRRIPA surrendered today and will be presented before U.S. Magistrate Judge Ona T. Wang in Manhattan federal court.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Richard Schirripa exploited an unprecedented crisis to engage in profiteering.  He allegedly spent over $200,000 accumulating N95 masks and then sold masks at inflated prices, charging customers up to 50% more than he had paid to acquire those N95 masks.  As alleged, during a sale to an undercover officer, Schirripa said, ‘I feel like a drug dealer.’  He also allegedly committed several additional, unrelated crimes, including lying to law enforcement, defrauding Medicare and Medicaid, and exploiting the personal information of his pharmacy’s customers to fill prescriptions.”
HSI Special Agent in Charge Peter C. Fitzhugh said:  “At this time when our nation is battling the COVID-19 pandemic and we expect that our healthcare professionals are standing in solidarity with us, the defendant, Richard Schirripa, a licensed pharmacist, allegedly sought to capitalize and profit from the suffering of others.  As the pandemic was starting to take shape in March and April of 2020, Schirripa allegedly began hoarding desperately needed Personal Protection Equipment (PPE).  As demand for the PPE was peaking, he then purportedly took the opportunity to sell the hoarded PPE at prices as much as 50% above his acquisition costs.  HSI, along with law enforcement partners, and the United States Attorney’s Office, Southern District of New York, will tirelessly pursue those in our society who choose to put their personal greed and gain ahead of the laws of the United States and our fellow citizens.”
USPIS Inspector in Charge Philip R. Bartlett said:  “As alleged, Mr. Schirripa chose to amass a stockpile of PPE, specifically N95 masks, which were desperately needed for the safety of frontline workers.  He then allegedly used this crisis to jack up the price of this equipment. Thankfully, the ‘mask man’ has been unmasked by law enforcement and brought to justice for his alleged greedy crimes.”
DEA Special Agent in Charge Raymond Donovan said:  “There is no place in our city for a licensed pharmacist to allegedly victimize New Yorkers, especially at a time when people’s priority is their health and safety.   I applaud our law enforcement partners for their collaborative efforts throughout this investigation.” 
According to the allegations in the Complaint unsealed today[1]:
SCHIRRIPA engaged in at least three different criminal schemes: (1) hoarding and price gouging of thousands of N95 masks in late March and April 2020, in violation of the Defense Production Act (“DPA”); (2) lying to officers of the Drug Enforcement Administration (“DEA”) on two occasions in early 2020; and (3) causing Medicare and Medicaid to be billed for prescriptions based on false representations, from 2014 to 2019, as well as using his pharmacy patients’ identifying information, without authorization, in connection with his health care fraud scheme.
As for the first scheme, from at least late March to April 2020, during the COVID-19 global pandemic, SCHIRRIPA engaged in hoarding and price gouging of thousands of 3M N95 masks.  Between February and April 8, 2020, SCHIRRIPA purchased at least approximately $200,000 worth of N95 masks.  On March 25, 2020, the DPA was invoked, making it a crime to engage in hoarding or price gouging of specified equipment, including the types of masks SCHIRRIPA had.  SCHIRRIPA admitted to law enforcement that he was aware of the DPA and its restrictions on price gouging and hoarding.  Nevertheless, in the two weeks after March 25, 2020, SCHIRRIPA (1) continued to add to his stockpile of N95 masks by buying thousands of additional N95 masks; and (2) charged his customers inflated prices in connection with at least approximately 50 sales that, together, yielded approximately $50,000 in sales revenue.  For instance, SCHIRRIPA charged up to $25 per mask for a mask that he purchased for $20 per mask and that generally costs an end-user only approximately $1.27, according to 3M, the manufacturer.  Moreover, SCHIRRIPA purchased another model of 3M N95 mask for $10 and repeatedly resold it for as much as $15, which constitutes a markup of 50%.  His customers were in eight states and included funeral homes and doctors.  Agents recovered approximately 6,660 masks from SCHIRRIPA.
SCHIRRIPA made various statements during this scheme.  During a recorded call with an undercover agent (the “UC”), SCHIRRIPA said, “We’re in a time of emergency and shortage,” but added, “when you have something no one else has, it’s not a high price.”  In a text message dated April 2, 2020, SCHIRRIPA bragged to a potential customer that he “saw it coming” and the “good thing is no one has them.”  SCHIRRIPA repeatedly sold masks out of his car, including to the UC; during that sale, SCHIRRIPA told the UC, “I feel like a drug dealer standing out here.” 
Second, in both January and February 2020, SCHIRRIPA made material false statements to the DEA.  On each occasion, SCHIRRIPA falsely represented that as part of the recent closure of his pharmacy in New York, New York, he had transferred to others, sold, or destroyed all controlled substances.  In fact, SCHIRRIPA remained in possession of thousands of controlled substance pills/patches, including fentanyl, oxycodone, and oxymorphone.  These substances were all recovered from a safe in SCHIRRIPA’s home.  When agents executed a search warrant at SCHIRRIPA’s home in April 2020, SCHIRRIPA acknowledged that these controlled substances were from his pharmacy and he needed to destroy them.  There were nearly 4,000 pills/patches, in total.
Third, SCHIRRIPA caused Medicare and Medicaid to be billed for these controlled substance prescriptions, and he falsely represented that these prescriptions were for patients of his pharmacy.  In fact, these prescriptions were not for patients of his pharmacy, and SCHIRRIPA himself possessed those prescriptions at his home on Long Island.  In connection with this scheme, SCHIRRIPA used the personal identifying information of his pharmacy’s patients, without their authorization.
SCHIRRIPA, 66, of Fort Salonga, New York, is charged with one count of violating the Defense Production Act, which carries a maximum sentence of one year in prison; two counts of making false statements, each of which carries a maximum sentence of five years in prison; one count of healthcare fraud, which carries a maximum sentence of 20 years in prison; and one count of aggravated identity theft, which carries a mandatory minimum sentence of two years in prison, which must run consecutively to any other sentence of imprisonment.
Mr. Berman praised the outstanding investigative work of HSI-NY, working in conjunction with the U.S. Postal Inspection Service, the DEA, the New York City Police Department, U.S. Customs and Border Protection, the Internal Revenue Service, and the Port Authority Police Department.  He also expressed gratitude to the U.S. Department of Health and Human Services, the New York State Department of Corrections and Community Supervision, and the Northvale, New Jersey, Police Department.  He noted that the investigation is ongoing.
Mr. Berman thanked the Department of Justice’s COVID-19 Hoarding and Price Gouging Task Force.  Attorney General William P. Barr created the COVID-19 Hoarding and Price Gouging Task Force, led by Craig Carpenito, United States Attorney for District of New Jersey, who is coordinating efforts with the Antitrust Division and U.S. Attorneys across the country wherever illegal activity involving protective personal equipment occurs. 
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

Tuesday, May 26, 2020

Governor Cuomo Announces Eighth Region Hits Benchmark to Begin Reopening Today


Mid-Hudson Valley Joins Capital Region, Western New York, Central New York, North Country, Finger Lakes, Southern Tier and Mohawk Valley Regions, Which Have Met the Seven Metrics Required to Begin Reopening

Long Island Still on Track to Reopen Tomorrow, May 27th

Governor Will Meet with President Trump Tomorrow to Discuss Infrastructure Projects to Help Supercharge the Economy

State Will Fast-Track Construction of Empire Station at Penn and New LaGuardia Airport

State is Continuing to Direct Resources to Lower-Income and Predominately Minority Neighborhoods in NYC that are Most Impacted by COVID-19

Confirms 1,072 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 363,836; New Cases in 35 Counties

Governor Cuomo: "Traditionally, Memorial Day is a pivot point, it's a transition point, summer is starting. Fashion changes, mindsets change, and it shouldn't be that much different this year. Memorial Day is going to be a point where maybe we don't all run back to the beach, but we're going to turn the page on COVID-19 and we're going to start focusing on reopening, and how we reopen, and how smart we are in reopening."

Cuomo: "While we're reopening, supercharge the reopening, right. Stock market opened today. We want that economy to come roaring back. We want it to come roaring back. And that's not going to happen just by wishing it to be so. We have to take an affirmative action, we have to be part of that, and today is page one of that chapter."

Cuomo: "Mid-Hudson opens today. They met all the metrics, all the numerical criteria, so they're opening today. Long Island will open tomorrow. We're going to bring on the last of what's called the tracers who do the contact tracing after testing. They'll be coming online today and Long Island will open tomorrow."

  Governor Andrew M. Cuomo announced the Mid-Hudson Region has met all seven metrics to begin phase one of reopening today, joining the Capital Region, Western New York, Central New York, North Country, Finger Lakes, Southern Tier and Mohawk Valley Regions. Long Island is still on track to reopen tomorrow May 27th when their contact tracing operation comes online and if deaths continue to decline.

The Governor also announced he will meet with President Trump in Washington D.C. tomorrow to discuss infrastructure projects that need federal approval - including the LaGuardia AirTrain, the Cross-Hudson Tunnels and the Second Avenue Subway expansion - to help supercharge the economy.

The Governor also announced the state will fast-track the construction of the new Empire Station at Penn and the new LaGuardia Airport while rail ridership and air traffic is down. To further jumpstart the economy, the state will work to increase low cost renewable power downstate and production upstate with building of new cross-state transmission cables; expedite a power cable from Canada to New York City and increase renewable energy resources.

The Governor also announced the state is continuing to direct resources and focus targeted efforts on reducing the spread of COVID-19 in lower-income and predominately minority neighborhoods in New York City that are most impacted by the COVID-19 virus and continue to see a disproportionately high number of new COVID cases every day. These efforts will help New York City meet the seven metrics required to begin reopening.