Protest Outside Bronx Board of Elections to Count all the Votes that Were Cast on Primary Day and on the Absentee Ballots

 Standing outside the Bronx Board of Elections with many supporters, 79th Assembly District candidate for Male District Leader Ahmadou Diallo whose name appeared on the Primary Day and Absentee ballots is calling for the Bronx Board of Elections to count all the votes for everyone who was on the official BOE ballots. 

The problem seems to be that of the Board of Elections who originally had knocked off Mr. Diallo and other candidates on his slate in the 79th A.D. and in the 87th A.D. Both groups of candidates for Democratic Party positions then went to court and were placed back on the ballot. The Board of Elections then appealed that decision, but in doing so had to print up Absentee and official ballots for the Primary before they knew if their appeal would be upheld. 

As it was said to this reporter by Ms. Valarie Vazquez-Diaz of the NYC Board of Elections "the ballots had to be printed up by a certain date, and the decision on the appeal by the Board of Elections was not decided by the date of the printing, so the names of the candidates in question in the 79th and 87th A.D.'s were placed on the ballots". Ms. Vazquez-Diaz also said at first, the ballots with those names on them would not count, telling me at a later time that only the votes for the non-candidates in the two A.D.'s would not count. The solution to the Board of Elections problem would have been that if you are going to print up official ballots with these names on them, then you withdraw the appeal to the names being on the ballot. In any case heads will roll at the BOE, and there are already several nervous people downtown and uptown in the Boogie Down Bronx.

State Senator Luis Sepulveda has filed a lawsuit against the Board of Elections and several candidates who were on the ballots. While Sepulveda has a semi-comfortable lead himself, his Female District Leader in the 87th A.D. has a lead of only nine votes. It appears that there may be a battle for the current vacant Bronx Democratic County Leader position, and it is the district leaders who vote for the county leader every two years. Counting of the ballots in the 87th A.D. begins Thursday July 16th. 

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic

1.30 Percent of Yesterday's COVID-19 Tests were Positive

9 COVID-19 Deaths in New York State Yesterday

Confirms 831 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 404,006; New Cases in 47 Counties

  Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"New Yorkers brought the curve down by making big changes, and we see that work reflected in the numbers every day," Governor Cuomo said. "But we must continue to be smart - by wearing a mask, social distancing and washing our hands, we all have a role to play in protecting the progress we've made and leading the rest of the nation by example. We cannot go back to the hell we experienced three months ago, so please stay vigilant and New York Tough."

Today's data is summarized briefly below: 

• Patient Hospitalization - 831 (+11)
• Patients Newly Admitted - 94 (+23)
• Hospital Counties - 31
• Number ICU - 165 (-2)
• Number ICU with Intubation - 94 (-7)
• Total Discharges - 71,782 (+90)
• Deaths - 9
• Total Deaths - 25,003

New Yok Man Charged With Wire Fraud In Alleged Multi-Million Dollar Cryptocurrency Investment Scheme

Defendant Allegedly Conned His Victims Into Investing More Than $4.5 Million In Assets

  Douglas Jae Woo Kim has been charged in a criminal complaint with wire fraud in connection with a multi-million dollar scheme to raise money for bogus cryptocurrency investments announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John L. Bennett.

Kim, 27, of New York, NY, made his initial federal court appearance before U.S. Magistrate Judge Sallie Kim this morning to face the charge.  The allegations describing the crime appear in an affidavit filed together with the complaint on July 9, 2020.  According to the complaint and affidavit, Kim represented to friends and acquaintances that he was a cryptocurrency trader and requested loans for business purposes or to trade cryptocurrency.  The complaint describes how Kim used cryptocurrencies, including Bitcoin (BTC) and Ether (ETH) to finance transactions as part of the scheme and how, on multiple occasions, he transferred some or all of the assets he received from his victims to online gambling sites operating outside the United States. 

According to the affidavit, in October 2017, Kim contacted a victim by text message and said he was looking for investors interested in making what he called a short-term loan for a “fairly modest operation.”  According to Kim, he was investing in a cryptocurrency operation in which he would make profit from fees charged to a peer-to-peer network and from exchange transactions. Kim represented to the victim that he already had $300,000 to $400,000 in financial holdings and that the operation “isn’t very risky to me.” Kim later emailed the victim details of the investment.  Shortly after receiving cryptocurrency from the victim to finance the investment, Kim transferred about half of it to a bitcoin sportsbook and casino located outside the United States.

In an agreement dated January 1, 2018, Kim set out the terms of similar investment with a second victim.   The agreement called for the victim to provide ETH valued at approximately $200,000.  The same day, Kim converted more than half of the funds to BTC and, in the following days, transferred substantially all the converted cryptocurrency to his account with an offshore casino. 

In the ensuing weeks and months, Kim convinced his victims to provide funds, all or part of which were transferred to cryptocurrency gambling sites.  In sum, Kim convinced his victims to provide to him over $4.5 million.  According to the affidavit, Kim’s victims all stated they would not have loaned money to Kim if they had known he was using the proceeds for gambling purposes.

Kim is charged with one count of wire fraud, in violation of 18 U.S.C. § 1343. 

The complaint merely alleges that a crime has been committed, and Kim, like all defendants, is presumed innocent until proven guilty beyond a reasonable doubt.

If convicted, he faces a maximum statutory penalty of up to 20 years in prison and a fine of $250,000 or twice the gross gain or loss resulting from the scheme.  In addition, the court may order additional terms of supervised release and restitution.  However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Governor Cuomo Announces New York State to Send PPE, Test Kits to Atlanta to Help with COVID-19 Response

Initial Delivery of 7,500 Test Kits, 7,500 Masks, 7,500 Gowns, 

7,500 Gloves, 7,500 Face Shields, 1,250 Gallons of Hand Sanitizer Will be Delivered by Friday

  Governor Andrew M. Cuomo today announced that New York State will send PPE and test kits to Atlanta to help with ongoing COVID-19 response efforts as the city struggles with a resurgence of cases. Earlier this week, at the request of Atlanta Mayor Keisha Lance Bottoms, the Governor announced the State will deploy resources to teams in Atlanta, as well as share expertise on contact tracing and provide technical assistance to support Atlanta's contact tracing program.

"During New York's greatest hour of need, other states sent volunteers, masks and equipment to help us flatten the curve and save lives. We are incredibly grateful to the 30,000 volunteers and donations that came to us during that hell. Now that we have flattened the curve and our numbers are strong, we are paying it forward to places like Atlanta, where Mayor Bottoms has been an aggressive and effective leader fighting this virus," Governor Cuomo said. "We have people who have been through this and know how to fight COVID-19, and we stand ready to aid states and localities in whatever way we can. Today, on behalf of the family of New York, we will deploy test kits and PPE to Atlanta as they struggle with surging cases."

The initial delivery of the following equipment will be delivered to Atlanta by Friday:

• 7,500 VTM Test Kits
• 7,500 Gowns
• 7,500 Gloves
• 7,500 N95 Masks
• 7,500 Face Shields
• 2.5 pallets of Styrofoam Coolers
• 1,250 Gallons of Hand Sanitizer

Former Rikers Correctional Officer Pleads Guilty To Smuggling Contraband For Inmates

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Margaret Garnett, the Commissioner of the New York City Department of Investigation (“DOI”), announced today that JOSHUA ALBA pled guilty before United States Magistrate Judge Robert W. Lehrburger to one count of conspiring to commit honest services wire fraud, for his role in smuggling packages containing contraband to inmates detained at the Anna M. Kross Center (“AMKC”) on Rikers Island, in return for thousands of dollars in cash bribes. 

Acting U.S. Attorney Audrey Strauss said:  “As he has now admitted, Joshua Alba abused his authority as a correctional officer to smuggle contraband into a prison facility in return for cash bribes.  Contraband smuggling schemes threaten the security of our prisons and jeopardize the safety of inmates and other guards, and my office will continue to aggressively pursue those correctional officers who betray their duties for the lure of easy money.”

FBI Assistant Director William F. Sweeney Jr. said:  “Keeping illegal contraband out of our jails is an ongoing challenge for corrections officers. It’s hard to imagine why an insider on the job would assist with this process, the results of which put everyone in the facility at risk. There’s no excuse for this type of irresponsible and illegal behavior. Today’s arrest has effectively landed Alba on the other side of the law.”

DOI Commissioner Margaret Garnett said:  “This former City Correction Officer allegedly used his access and influence to funnel contraband into Rikers Island in exchange for thousands of dollars in cash, according to the charges. This scheme isn’t original; it isn’t inventive, but it is dangerous for staff and inmates and must be acted on swiftly through rigorous investigation and prosecution. DOI thanks the Acting U.S. Attorney for the Southern District of New York and the New York Field Office of the FBI for their partnership in uncovering this alleged crime.”

According to allegations in the criminal complaint, the information, and other documents filed in federal court, as well as statements made in public court proceedings:

Rules and regulations promulgated by the New York City Department of Correction (“NYCDOC”) prohibit correction officers and other staff from introducing or delivering contraband into NYCDOC facilities, and provide that “[e]mployees shall not enter into any transaction with an inmate, nor carry, convey, or make accessible to an inmate within a facility/command any intoxicant, opiate, narcotic, or other contraband article, nor traffic with an inmate in any manner.”

As alleged in the Information and Complaint, and as he admitted today in court, at various points during the course of this scheme JOSHUA ALBA flouted those rules and regulations by agreeing to deliver contraband, including tobacco, to a particular inmate (“Inmate-1”), who was housed in the section of the AMKC to which ALBA typically was assigned during his tours of duty in return for cash bribes.  ALBA obtained the contraband from an individual in the Bronx (“CC-1”), who arranged the deliveries in coded conversations with Inmate-1 that occurred over recorded prison phone calls.  ALBA made these contraband deliveries from at least December 2018 until July 2019, in return for at least $5,000 in cash bribes.

ALBA, 30, of Queens, New York, pled guilty to one count of conspiracy to commit honest services wire 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. ALBA is scheduled to be sentenced by United States District Judge Lorna G. Schofield on a date to be determined.

Ms. Strauss praised the outstanding investigative work of the FBI and DOI. 

Governor Cuomo Announces Special Health Insurance Enrollment Extension Through NY State of Health Marketplace

Special Enrollment for Uninsured New Yorkers Will Extend for Additional 30 days and Remain Open Through August 15, 2020

  Governor Andrew M. Cuomo today announced that the Special Enrollment Period for uninsured New Yorkers will be extended for another 30 days, through August 15, 2020, as the State continues to provide supportive services during the COVID-19 public health crisis. New Yorkers can apply for coverage through NY State of Health, New York State's health insurance marketplace, or directly through insurers.

"During these difficult and unprecedented times, access to quality, affordable health care is critically important to New Yorkers' well-being," Governor Cuomo said. "While we're continuing to move in the right direction, we know we're not out of the woods yet and by extending the open enrollment period we're making sure New Yorkers who need affordable health care coverage can get it and help keep themselves and their families safe."

NY State of Health Executive Director, Donna Frescatore said, "At this unprecedented time in our state and nation's history, we want to remind New Yorkers that NY State of Health is here as a safety net. Individuals can find and enroll in affordable, comprehensive health insurance coverage, and our Customer Service Center and enrollment assistors are available to help with this process."  

Superintendent of Financial Services Linda A. Lacewell said, "New York bent the curve but it remains critically important for all New Yorkers to have access to quality and affordable commercial health insurance. This special enrollment period extension is one of the many ways New York is continuing to work together with the commercial health industry to serve the needs of vulnerable New Yorkers. DFS is proud to be a part of this effort to keep New Yorkers healthy and safe."

NY State of Health, together with the State Department of Financial Services and New York State insurers, are taking this action in light of the COVID-19 public health emergency so that individuals do not avoid seeking testing or medical care for fear of cost. Individuals who have lost employer coverage must apply within 60 days of losing that coverage and individuals who have lost income may be eligible for Medicaid, the Essential Plan, Child Health Plus, or subsidized Qualified Health Plans.

Individuals who enroll in Qualified Health Plans through NY State of Health or directly through insurers by August 15, 2020 will have a choice of coverage start date either August 1 or September 1, 2020.  Individuals who are eligible for other NY State of Health programs - Medicaid, Essential Plan and Child Health Plus - can enroll year-round.  Finally, as directed by Governor Cuomo, all New York insurers have waived cost sharing for COVID-19 testing. 

As always, consumers can apply for coverage through NY State of Health online at nystateofhealth.ny.gov, by phone at 1-855-355-5777, and by connecting with a free enrollment assistor. 

Additional information on NY State of Health insurance options during the Coronavirus emergency can be found here. Department of Financial Services information and resources during the Coronavirus emergency can be found here.

AG James and DA Gonzalez Partner to Expand Housing Protection Initiative

“Protect Our Homes” Initiative to Combat Deed Theft Will Now Also Focus on Illegal Evictions

   New York Attorney General Letitia James and Brooklyn District Attorney Eric Gonzalez today announced that they will be expanding their joint homeowner protection initiative to include protections for renters in New York City. The “Protect Our Homes” initiative, launched in January 2020 to educate New Yorkers about deed theft and other housing scams, will now include support for New Yorkers threatened with illegal evictions and other issues plaguing renters. In the wake of the COVID-19 pandemic and economic recession, more New Yorkers are struggling to remain in their homes, and as a result, there is an increased risk for illegal evictions, deed theft, and other housing scams.

In January 2020, Attorney General James launched the office’s “Protect Our Homes” initiative with the formation of an interagency taskforce to focus on deed theft and homeowner fraud issues. The taskforce includes District Attorneys from all five boroughs in New York City and the New York City Sheriff’s Office. Attorney General James and District Attorney Gonzalez will convene a meeting of the expanded taskforce on Thursday, July 16, that will include The Legal Aid Society, Legal Services NYC, and other providers of eviction prevention services in New York City. The taskforce will now expand its efforts to include issues targeting renters and evictions.

“In the wake of the COVID-19 pandemic, we are on the verge of an acute housing crisis in New York,” said Attorney General James. “Longtime homeowners in New York City were already grappling with deed theft fraud, and economically challenged renters will soon be facing evictions. I am committed to working with District Attorney Gonzalez and our other government and legal service partners to use a combination of education and enforcement to help our neighbors stay in their homes.”

“The impending housing crisis in Brooklyn will have devastating effects on our community,” said Brooklyn District Attorney Gonzalez. “We must do everything in our power to protect homeowners and renters from unscrupulous actors. I look forward to continue working with Attorney General James to ensure every Brooklynite can be safe in their home.”

As housing courts begin to reopen and the eviction moratoriums lift, New Yorkers who lost their jobs and income due to the COVID-19 pandemic are at high risk for eviction. The taskforce will discuss emerging trends that are putting people at risk of displacement, review complaints, and take appropriate action as needed. The taskforce will also work to educate renters facing eviction about their rights, and, as appropriate, connect them with lawyers through New York City’s Right to Counsel law.

Attorney General James Stops Sales of “Ghost Guns” Into New York

17 Websites to Stop Selling Partially Built Firearms Components, in Aid of Violation of State Assault Weapons Ban

  New York Attorney General Letitia James today announced that 17 websites that manufacture and/or sell firearms or firearms components have ceased selling nearly complete assault weapons into New York state, after she directed the companies behind these websites to do so last year. In September 2019, Attorney General James sent cease and desist letters to these companies, each of which was selling incomplete weaponry pieces that could be easily assembled into illegal assault weapons. The possession, manufacture, and sale of assault weapons is illegal in New York, but these companies have been providing the means to violate the state’s assault weapons ban. These companies often specifically advertise their products in a way to evade law enforcement with phrases like, “If they don’t know you have it, they can’t take it.”

“Ghost guns are built, marketed, and sold for one reason and one reason alone — to evade detection of dangerous weapons,” said Attorney General James. “These companies were selling our state’s residents the components to build illegal assault weapons that would endanger each and every New Yorker. Today, as the coronavirus continues to rage across our state and the rest of the nation, gun sales are at new highs, so the last thing we need to do is to allow more illegal assault weapons to flood our already saturated streets. We will continue to fight against the proliferation of ghost guns and assault weapons that only cause death and destruction.”

The 17 sites were selling unfinished lower receivers — composed of either metal or plastic — which hold the upper, lower, and rear portions of a semiautomatic rifle together and are responsible for the actual “firing” of the bullet. Aside from a fully assembled firearm, the lower receiver is the only piece that is independently considered a firearm and is thus subject to federal regulation. However, an incomplete lower receiver — lacking certain holes, slots, or cavities — is not considered a firearm. The companies operating these websites have specifically been marketing their lower receivers as “80%” complete, in order to evade federal regulations. Purchasers on these websites must only make a few small changes with a common drill press to transform an unfinished receiver into a fully operational one. That’s why many of these sellers also sell specialized jigs — or stencil-like precision tools that help guide a drill press — that are specifically designed to aid the milling process for a lower receiver. Once milled, the receiver may be readily assembled into a fully-assembled, illegal assault weapon, typically unregistered and not branded with a serial number. As a result, sellers frequently refer to these products as “ghost guns” because they are virtually untraceable. They do not require that the buyer hold a federal firearms license or submit to a background check.

In her cease and desist letters, Attorney General James stated that these sellers were unlawfully promoting the possession of illegal weapons and did not adequately warn consumers that manufacturing or assembling an assault weapon in New York state is illegal, which could subject them to disgorgement, restitution, and penalties of up to $5,000 for each violation. The websites have now enacted technical changes to prohibit orders into New York state or posted prominent disclosures that inform customers that they will not ship into New York, or a combination of both.

Attorney General James has made the removal of ghost guns in New York a priority while in office. In January, Attorney General James and a coalition of attorneys general filed a lawsuit challenging the Trump Administration’s efforts to allow 3D-printed gun files to be released on the internet. These files would allow anyone to go online to simply use easily, downloadable files with specifications for particular guns, including AR-15s, and then manufacture unregistered and untraceable 3D-printed firearms, in essence, another type of ghost gun. In March, Attorney General James and the coalition secured a preliminary injunction that stopped the Trump Administration from continuing to evade enforcement of the law as it is currently written. And in April — as the coronavirus disease 2019 (COVID-19) continued to spread across the nation and the proliferation of guns increased as well, Attorney General James and the coalition urged U.S. Secretary of State Michael Pompeo and U.S. Attorney General William Barr to enforce federal laws and stop companies from disseminating dangerous files for 3D-printed gun files on the internet.

The Office of the Attorney General (OAG) has, for years, been at the forefront of combatting the proliferation of ghost guns. In September 2015, the OAG announced a 32-count indictment in “Operation Ghostbuster,” which marked the first state law enforcement agency in the nation to indict, and subsequently prosecute, individuals on charges of assembling and selling ghost guns. Additionally, in January 2019, the OAG announced a 41-count indictment in “Operation Punch-Out,” where a ghost gun was one of a number of firearms retrieved and an individual was prosecuted.

Separately, last month, Attorney General James took legal action in a California case to ensure states maintain the right to use various means to protect their residents from gun violence.