Wednesday, July 22, 2020

Former Vice President Of Teamsters Labor Union Sentenced To 18 Months In Prison For Bribery


  Audrey Strauss, Acting United States Attorney for the Southern District of New York, announced that JOHN ULRICH, the former vice president of International Brotherhood of Teamsters Local 812 (the “Union”) and former trustee of the Union’s employee health benefit plan (the “Plan”), was sentenced today in Manhattan federal court to 18 months in prison for soliciting tens of thousands of dollars in bribe payments from an executive with the Plan’s Third Party Administrator (the “TPA-1”) in exchange for using his influence to ensure the Union’s continued retention of TPA-1 as its Plan administrator.  United States District Judge Analisa Torres imposed today’s sentence.

Acting U.S. Attorney Audrey Strauss said:  “For years, John Ulrich betrayed the trust of the Union members who elected him in order to line his pockets with bribe money.  For abusing his position of trust for his own financial benefit, Ulrich has been sentenced to federal prison.”
According to the allegations in the Indictment, other filings in Manhattan federal court, statements made in court and publicly-available documents:
The Union has more than approximately 3,000 members, and represents workers in the beverage industry throughout the New York metropolitan area.  The Union’s members are covered by the Plan, which provides, among other things, life insurance, health insurance, dental, vision, and disability benefits to Union members and their families.  As the Plan’s third-party administrator, TPA-1 processed health insurance claims for participants in the Plan.  At all times relevant to the Indictment, ULRICH was a member and officer of the Union and a trustee of the Plan.
In or about 2013, ULRICH was experiencing financial difficulties, and solicited bribe payments from an executive with TPA-1 (“Executive-1”) of $5,000 per quarter in exchange for using his influence to maintain TPA-1 as the Plan’s third-party administrator.  Before ULRICH solicited these bribes, the Plan had issued a request for proposals for a new third-party administrator, and TPA-1 was at risk of losing the Plan’s business.  ULRICH told Executive-1 that ULRICH would use his influence with the Union to ensure that the Plan continued to use TPA-1 to administer the Union’s health care plan.  Executive-1 agreed to make $5,000 quarterly payments to ULRICH, and began doing so.  Subsequently, despite receiving multiple bids from other third-party administrators, the Plan continued to work with TPA-1.   
In or about 2014, ULRICH demanded increased bribe payments from Executive-1.  In part, ULRICH told Executive-1 that these increased bribe payments were needed for another trustee of the Plan, and Executive-1 began making such increased payments.  On or about September 19, 2015, ULRICH again solicited additional bribe payments for this trustee.  In an email of the same date, ULRICH referred to the bribe payments as “pizza,” and explained that the additional payments for the other trustee would be “good insurance” for them.
After a special board meeting convened by the Plan in February 2016, ULRICH was terminated as vice president and trustee of the Union and Plan, respectively.  In total, ULRICH demanded, and Executive-1 paid, tens of thousands in bribes before ULRICH was removed from office.
In addition to his prison term, ULRICH, 50, of Newburgh, New York, was sentenced to two years of supervised release, and was ordered to forfeit $55,000, and to pay restitution in an amount to be determined later.  As a result of ULRICH’s conviction, for a period of 13 years he is prohibited from, among other things, being employed by a labor union or employee benefit plan, pursuant to 29 U.S.C. §§ 504 and 1111.
Ms. Strauss praised the Federal Bureau of Investigation, the U.S. Department of Labor Office of Inspector General, the U.S. Department of Labor Employee Benefits Security Administration, and the U.S. Department of Labor Office of Labor-Management Standards for their outstanding investigative work in this case.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic July 22, 2020


State Launches New Testing Site in Partnership with Good Samaritan Hospital in Town of Ramapo

Hospitalizations Down to 714 — New Low Since March 18

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

9 COVID-19 Deaths in New York State Yesterday

Confirms 705 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 408,886; New Cases in 42 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.

The Governor also announced the State has launched a new diagnostic testing site in the Town of Ramapo, a community heavily impacted by COVID-19 in partnership with Good Samaritan Hospital. The clinic, open today between noon and 5 p.m., is at the Town of Ramapo Cultural Arts Center at 64 North Main Street in Spring Valley. The clinic will run from 9 a.m. to 5 p.m. Monday through Friday.

"Every day, we see the hard work of New Yorkers reflected in our numbers, which continue to steadily decline even as every part of the state has entered Phase Four of our phased, data-driven reopening," Governor Cuomo said. "New Yorkers accomplished that - 19 million people working together because they cared about each other. If we are not careful, we could end up back right where we started, and all that hard work will have been for nothing. We cannot go back to the hell we experienced three months ago, so we must protect the progress we've made and continue to be New York Tough."

Today's data is summarized briefly below:

  • Patient Hospitalization - 714 (-10)
  • Patients Newly Admitted - 81 (+21)
  • Hospital Counties - 31
  • Number ICU - 179 (+16)
  • Number ICU with Intubation - 96 (+5)
  • Total Discharges - 72,386 (+84)
  • Deaths - 9
  • Total Deaths - 25,068

AG James Announces Conviction of Buffalo Firearms Instructor for Falsifying Firearms Safety Training Courses


Dennis Brennan Fraudulently Certified Individuals for Firearms, Use of Deadly Force Trainings

   Attorney General Letitia James announced the guilty plea of Dennis Brennan for defrauding the state and students and falsifying firearms training course completions at the Peace Officer Training Academy of Buffalo, NY, which he owned and directed. Brennan, 66 of South Wales, New York, failed to provide proper security guard and peace officer training courses required by New York State law and submitted fraudulent documents to the New York State Division of Criminal Justice Services (DCJS) falsely stating that proper training requirements had been met. The scheme involved fraudulently reporting that individuals completed necessary and required courses on firearms training and use of deadly physical force, putting the lives of officers and the public at risk.

“We won’t tolerate those who put greed over the safety of our communities,” said Attorney General James. “By enabling individuals to have guns without adequate training and clearance, Dennis Brennan put others at risk. I will continue to fight to uphold measures designed to protect our communities from gun violence.”
Brennan entered guilty pleas before the Honorable Christopher J. Burns in Erie County Court, to one count of Offering a False Instrument for Filing in the First Degree, and one count of Scheme to Defraud in the First Degree, both class E felonies. The Court has also ordered Brennan’s firearms license to be revoked and has directed him to surrender all weapons.    
Between 2016 and 2019, Brennan offered Security Guard Training Courses at his training academy, which are required to obtain or maintain an Armed Security Guard License. On several occasions, Brennan accepted payment from students for the courses and provided them with fraudulent completion certificates, despite not requiring them to fire their weapons or provide training on the safe and proper use of firearms, as mandated by DCJS. Brennan then presented the false documents to DCJS with the intent to defraud.
The DCJS issues peace officer certifications to individuals who successfully complete an approved peace officer training course once an approved instructor provides documentation that all rules and regulations surrounding that course are followed. Brennan knowingly marketed and provided peace officer training courses to civilians, though he was fully aware that his academy was not authorized to issue such certifications to civilians. Brennan kept the tuition money paid by the individuals who remained in the course, which amounted to over $1,000 per student. 
As mandated by DCJS, New York state requires security guard students to complete a 47 Hour Firearms Training Course prior to obtaining their Armed Security Guard License and to complete an annual 8 Hour Firearms Training Course to maintain their Armed Security Guard License. One of the requirements for successfully completing both courses is that students must train and fire with their duty type handgun and achieve a minimum qualifying score.
Brennan’s guilty pleas are the result of an investigation by the Attorney General’s Office following a referral from the New York State Division of Criminal Justice Services, which culminated in a multi-count indictment charging Brennan with 16 felony counts of Offering a False Instrument for Filing in the First Degree. Brennan was arraigned before Judge Burns on February 26, 2020.  Brennan is scheduled to be sentenced on September 21, 2020.   
The DCJS, the Municipal Police Training Council (MPTC), and the Security Guard Advisory Council (SCAG) took administrative action and revoked Brennan’s MPTC instructor certification, which allowed him to train peace officers, and his SCAC instructor, director and school certifications, which allowed him to train security guards.
“DCJS, the Municipal Police Training Council and the Security Guard Advisory Council take our responsibilities to establish training for police, peace officers, and security personnel seriously because proper training is critical to helping ensure public safety for all New York State residents,” said Division of Criminal Justice Services Executive Deputy Commissioner Michael C. Green. “I commend Attorney General James’ team for their handling of this case and want to recognize DCJS Office of Public Safety staff members, who provided invaluable assistance so the Attorney General’s Office could hold Mr. Brennan accountable for skirting the rules, falsifying paperwork, taking advantage of unsuspecting individuals seeking gainful employment and endangering the public so he could profit. We hope this case serves as a deterrent to those who would consider compromising the integrity of police, peace officer and security guard training in our state.” 
The Attorney General thanks the New York State Division of Criminal Justice Services and the New York State Police for their valuable assistance in this investigation

An Update from Comptroller DiNapoli: NY's Economy & Finances in the COVID-19 Era


Message From New York State Comptroller
Unemployment Insurance Payments
Balloon During COVID-19

Approved payments to New York recipients for Unemployment Insurance totaled $32.1 billion from March 1 through July 17, with steep increases in payments following the onset of the pandemic. In the most recent weeks for which data are available, approved payments during the first half of July added $5.7 billion to those in the preceding months shown in the nearby chart. By comparison, during all of calendar year 2019, approved Unemployment Insurance payments for New Yorkers totaled just $2.1 billion.

Unemployment payments have been a financial lifeline for households all across New York. But the flow of support to the unemployed is scheduled to slow significantly in coming days, as some supplemental benefits Congress enacted earlier this year are set to expire in late July.


The State Comptroller's office is committed to keeping New Yorkers regularly updated on the state's economy and finances.

Visit our web page for the latest updates on these important topics:

  • Health and Financial Impacts on New Yorkers
  • New York State's Budget
  • Census 2020

Wave Hill to Reopen to Public Thursday, July 30


A public garden and cultural center located in the Bronx, Wave Hill will reopen to the public on Thursday, July 30, 2020, with required pre-registration, with reduced hours and fewer visitors. Its reopening comes after closing to the public four months ago due to the COVID-19 pandemic. Visiting Wave Hill once it reopens July 30 will feel a little unusual during this first phase of the garden’s reopening.
“The last four months have been a journey like no other,” commented Wave Hill President and Executive Director Karen Meyerhoff. “We are so grateful for the many ways that visitors have expressed their support for Wave Hill, and I can’t wait to share with you all the beauty and serenity of Wave Hill in summer! Especially given the economic hardship so many are facing during this time, we are happy to extend free admission during the first two weeks we are open.” 
Safety first: reduced hours, fewer visitors, pre-reservations required
First and foremost, visitors are asked to have masks on when entering and exiting the garden and when using a restroom. Face coverings may be removed when on the grounds and social distancing is possible. To protect Wave Hill visitors and staff, the garden is reopening in phases, initially open Thursday through Sunday, noon to 5:30PM. The number of visitors will be limited each day and everyone will be required to reserve an admission ticket in advance. This ticket will be required to enter the grounds. 

Pre-reservations open Mondays, starting July 27
Every Monday, starting July 27, visitors will have access to reserve admission tickets for the following Thursday through Sunday. The first week, that would be for July 30 through August 2. Wave Hill Members will have early access to weekly ticket reservations, starting Fridays.

Getting here and being prepared
The visitor parking lot will not be open and shuttle service is temporarily suspended due to social distancing requirements. Courtesy carts and wheelchairs are also temporarily unavailable. Again due to COVID-19, the buildings will be closed, but restrooms will be open on the lower level of Glyndor Gallery and at the Perkins Visitor Center. Visitors are welcome to bring water—no food, please. (Water fountains will be closed.)

Know before you go!
When visitors make their reservations online, a confirmation email will include a link to everything they will want to know before coming and what to expect for their visit.  


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 landscapes, 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–Sunday and many major holidays: 9AM–5:30PM; Nov 1–Mar 14, closes 4:30PM. Special restricted hours as New York City recovers from the COVID-19 pandemic: NOON–5:30PM;Thursday–Sunday, effective July 30, 2020.

ADMISSION TO THE GROUNDS: $10 adults, $6 students and seniors 65+, $4 children 6-18. Free Tuesdays and Saturdays until noon. Free to members, children under 6. 

Follow us on: Wave Hill website / Facebook / Instagram / Twitter

Wave Hill Incorporated is an independent non-profit cultural institution governed by a volunteer Board of Directors. The buildings and grounds of Wave Hill are owned by the City of New York. With the assistance of the Bronx Borough President and Bronx representatives in the City Council and State Legislature; Wave Hill’s operations are supported with public funds through the New York City Department of Cultural Affairs; the Zoos; Botanical Gardens and Aquariums Grant Program administered by the New York State Office of Parks; Recreation and Historic Preservation; the National Endowment for the Arts; the New York State Department of Environmental Conservation; and New York State Council on the Arts with the support of Governor Andrew M. Cuomo and the New York State Legislature. During COVID-19 closure, support for Wave Hill’s essential personnel, equipment, and online programming has been provided by The New York Community Trust NYC COVID-19 Response & Impact Fund.

Food Box & Mask Giveaway at Williamsbridge Oval Thursday July 23 11:30 AM




News From Assemblyman Jeffrey Dinowitz


LEGISLATURE PASSES BILL TO ESTABLISH SELECTION CRITERIA FOR MTA SUBWAY ACCESSIBILITY IMPROVEMENTS

The fight for subway accessibility has taken one more step forward with the passage of legislation from State Senator Andrew Gounardes and Assemblyman Jeffrey Dinowitz through both chambers this week. The legislation, A8127/S6430, would establish selection criteria for the MTA to use when evaluating which subway stations to prioritize for accessibility improvements.

Under the Fast Forward plan proposed by former NYCT President Andy Byford, the MTA had agreed to make accessibility improvements at 50 stations as part of the 2020-2024 MTA Capital Plan. An economic crisis brought on by COVID-19 has cast doubt on whether the MTA will still go forward with improvements at all 50 stations as they work to bring ADA compliance to all 472 subway stations citywide. Currently, the less than one-quarter of subway stations are fully compliant with ADA requirements.

The bill requires the MTA to fully develop criteria to determine how to best prioritize subway stations for accessibility improvement and to make both the methodology and the finalized criteria publicly available. The minimum selection criteria established by the bill are: citywide geographic coverage, transit transfer options, annual ridership volume, census tract data for senior and disabled populations and percentage of those populations in poverty, residential density of surrounding neighborhoods, and proximity to medical centers, schools, parks, business districts, cultural hubs, and senior centers.

The legislative pair views this bill as a first step towards full subway accessibility throughout the MTA system. This bill includes one element of a comprehensive subway accessibility bill that was unveiled in 2019. In addition to selection criteria, Assemblyman Dinowitz and State Senator Gounardes are working alongside advocates to require the MTA to include accessibility improvements during station closures or renovations longer than six months as well as the codification of accessibility goals established in Fast Forward.

Assemblyman Jeffrey Dinowitz (D - Bronx) said: “The fight for progress is long and arduous, but I am very proud that we have taken one step closer to a fully accessible subway system. It is imperative that the MTA does not just pick subway stations that are easy or convenient in order to hit their target numbers, but instead that they pick stations which will have the biggest benefit for riders with disabilities and other mobility limitations. I am grateful to the hard work of so many advocates who have been fighting this fight for many years, and I look forward to continuing our push for full subway accessibility alongside them and State Senator Gounardes.”

State Senator Andrew Gounardes (D - Brooklyn) said: We have a long way to go to make our MTA accessible but this is a step forward. Criteria for determining which stations will be made accessible is a hallmark of good governance and makes concrete action more likely. New Yorkers with disabilities cannot wait to have equal access to their public transportation network. Holding the MTA accountable for accessibility is more important than ever because of the current budget gaps. The MTA needs to prioritize, and it must prioritize its riders first.”

LEGISLATURE PASSES NEW CONSUMER PROTECTION TO LIMIT AUTO-RENEWAL CONTRACTS

Consumers are one step closer to having an easier time escaping from predatory promotional deals and notoriously difficult-to-cancel gym memberships with the passage of legislation through the Assembly this week. The legislation (A3173/S1475) was shepherded through the State Senate by State Senator Brad Hoylman in February and then the baton was picked up by Assemblyman Jeffrey Dinowitz in July. It is now waiting to be delivered to the Governor for his approval.

The legislation would require businesses making automatic renewal or continuous service offers to clearly present the terms of the agreement and would prohibit businesses from charging consumers without their affirmative consent.

Furthermore, and of acute interest to people who have experienced the immense difficulty of cancelling a gym membership, the legislation also mandates that consumers are able to terminate an automatic renewal or continuous service agreement online if that is how they originally signed up. Regardless of how the agreement was entered, all businesses would have to provide a cost-effective, timely, and easy-to-use mechanism for cancellation such as a toll-free telephone number or e-mail address.

The bill also includes requirements that any “free” giveaways (goods wares, merchandise, or products sent to a consumer) be considered an unconditional gift with no obligation whatsoever to the consumer, unless the business has obtained the customer’s affirmative consent to enter into an automatic renewal or continuous service agreement.

The Attorney General of New York State would be empowered to seek an injunction for violations and would allow the court to impose civil penalties for violations that were intentional and did not result from a bona fide error.

If signed, New York would join states such as California, Oregon, and Virginia in having comprehensive automatic renewal and continuous service laws. At least 25 states have some form of regulation of this type of contract.

Assemblyman Jeffrey Dinowitz (D - Bronx) said: “As many of us know, it is nearly impossible to escape from some automatic renewal contracts such as gym memberships or predatory bait-and-switch offers. Far too often, consumers are left feeling powerless and taken advantage of, but by establishing the affirmative consent standard in automatic renewal contracts we are restoring power back to the people who worked hard for their money. This legislation makes clear that the consumer has control of how they spend their own money, not the business.  Thank you to State Senator Hoylman for his partnership on this legislation, and I urge the Governor to sign this bill into law when it reaches his desk.”

State Senator Brad Hoylman (D - Manhattan) said: “Exercising in the COVID-19 pandemic is difficult enough – New Yorkers shouldn’t have to jump through hoops simply to quit their gym. Too many gyms, subscription boxes and other companies use misleading offers and promotions to lock unwitting customers into long-term contracts that are ridiculously difficult to get out of. I’m grateful to Leader Andrea-Stewart Cousins, Speaker Carl Heastie, and my Assembly partner Jeffrey Dinowitz for supporting this strong consumer protection legislation that will save New Yorkers money.”

MAYOR DE BLASIO SENDS LETTER OBJECTING TO TRUMP THREAT OF FEDERAL AGENTS


Letter to Attorney General Barr and DHS Secretary Wolf Details City’s Opposition

  Today, Mayor de Blasio sent a letter to US Attorney General Bill Barr and Acting Secretary Wolf responding to recent threats by President Trump to send federal agents to New York City. The letter expresses the City’s unequivocal opposition and objection to the presence of federal law enforcement in New York City.

“We do not consent. We object. Do not send the proposed agents and officers from the Department of Homeland Security or other federal agencies to New York City,” said Mayor Bill de Blasio. “They have not been requested. They are not needed. And they have proved to bring way more harm than good.”

The City is prepared to take all necessary actions to keep New Yorkers safe and protect their rights. Read the letter here.