Thursday, July 30, 2020
Council Member Ruben Diaz Sr. - UBER AND LYFT ALIVE AND WELL BUT YELLOWS ON LIFE SUPPORT…WHY?
Assemblymember Nathalia Fernandez - Virtual Townhall for Small Businesses and Employees has been POSTPONED
Please be on the lookout for when we update the date and time of the new town hall. Thank you.
DISTRICT OFFICE 2018 Williamsbridge Road Bronx, NY 10461 718-409-0109 | ALBANY OFFICE LOB 530 Albany, NY12248 518-455-5844 |
Assembly District 80 | district80@nyassembly.gov
Yankee Stadium Business Area Gets Ready For Friday Home Opener
Manhattan U.S. Attorney Announces $2.775 Million Settlement Of Medicaid Billing Fraud Case Against New York City And Computer Sciences Corporation
Under the settlements, which were approved yesterday by U.S. District Judge Jed S. Rakoff, the City and CSC agreed to pay a total sum of $2.775 million, with $1,585,435 being paid to the United States and the remaining amount to the State of New York. As part of the settlements, defendants admitted, acknowledged, and accepted responsibility for conduct that resulted in the City having received payments from Medicaid for EIP services that Medicaid would not otherwise have made pursuant to its payment regulations and procedures.
Acting U.S. Attorney Audrey Strauss said: “Medicaid covers vitally needed medical care for millions of people in New York. Compliance with billing requirements ensures the financial integrity of the Medicaid program. This Office is committed to holding recipients of Medicaid funding and their billing agents responsible for complying with these billing requirements.”
HHS-OIG Special Agent in Charge Scott J. Lampert said: “Millions of people in New York depend on Medicaid for vital services, and taxpayers across the state pay for that care. HHS-OIG will continue close cooperation with our State and Federal law enforcement partners to preserve this essential funding and ensure that it is used properly.”
As alleged in the complaint filed by the United States in September 2016, the City was responsible for paying for EIP services for young children in New York City and then was permitted to seek reimbursement from private insurers, Medicaid, and other funding sources. In 2007, the City retained CSC as its billing agent to submit EIP reimbursement claims. Although the City and CSC knew that Medicaid rules required them to take reasonable measures to obtain private insurance coverage before submitting EIP claims to Medicaid, they frequently ignored that billing requirement. For example, although the City knew that it received no response from private insurers for many EIP claims, the City and CSC failed to contact those insurers in a significant number of cases to follow up on the claims and determine the reason for the lack of a response. Instead, the City instructed CSC to treat those claims as having been denied by the private insurers and submit them to Medicaid using a code – known as “0Fill” – to indicate there was in fact no private insurance coverage.
In the two settlements, the City and CSC made numerous factual admissions. The City admitted, acknowledged, and accepted responsibility for, among others, the following conduct:
- the City was responsible for the provision of EIP services to eligible children in New York City, including preparing individualized family service plans, contracting with and paying treating providers such as audiologists and speech therapists who delivered EIP services, and seeking reimbursement for the EIP services provided to eligible children;
- in 2005, the City issued a request for proposal for a new fiscal agent for EIP, and a corporate predecessor of CSC responded to that request for proposal;
- between 2005 and 2007, the City and CSC engaged in discussions about the City’s expectations for CSC as the City’s EIP fiscal agent, during which the City advised CSC that when seeking reimbursement for EIP services for an eligible child with health coverage from both private insurance and Medicaid (“dual-eligible EIP beneficiaries”), the sequence of billing was to be: 1) private insurance, 2) Medicaid, and 3) EIP funds from New York State;
- in September 2007, the City and CSC signed a fiscal agent contract, after which CSC began developing systems and computer programs for the City; and
- from 2009 to 2012, the City received reports from CSC regarding instances where there had been no responses from private insurers for EIP claims involving dual-eligible beneficiaries; in a significant number of such cases, the City did not inquire with private insurers to determine the cause(s) for their lack of response, and did not direct CSC to so inquire.
CSC also admitted, acknowledged, and accepted responsibility for, among others, the following:
- in or about September 2010, CSC and the City discussed a plan to develop a procedure for designating claims as “denied” in CSC’s internal EIP database once those claims had been pending with private insurers for 90 days without an adjudication;
- the City approved that plan, and CSC proceeded to populate the claims that had received no response from private insurers after 90 days with the “denial” designation in its claims database;
- CSC also obtained permission from the City to submit those claims to Medicaid with the “0Fill” modifier – which, according to Medicaid’s claim submission guide, was to be used either for “when it is known that the primary payer or any other payer prior to Medicaid[] does not cover the services and so will not pay any amount towards the claim,” or for claims that “have been denied (the services were not covered) or were paid zero (the entire charge was adjusted, for example, applied to deductible) by any prior payer;” and
- as result, the City received payments from Medicaid for EIP services that Medicaid would not otherwise have made pursuant to its payment regulations and procedures.
These settlements arise from a whistleblower lawsuit filed under the
Ms. Strauss praised the outstanding investigative work of the HHS-OIG, and she thanked the Medicaid Fraud Control Unit at the New York State Attorney General’s Office for its extensive collaboration in the investigation and litigation of this case.
Wednesday, July 29, 2020
Former Construction Executive Pleads Guilty To Tax Evasion In Connection With Bribery Scheme
Acting U.S. Attorney Audrey Strauss said: “When bribery is coupled with tax evasion, both the bribery victims and the taxpaying public are forced to bear the hidden, unfair costs of corruption. This investigation has resulted in charges of such conduct by four defendants, one of whom pled guilty today, one of whom previously pled guilty and was sentenced last week, and the other two of whom were charged earlier this month.”
According to the four criminal Informations filed in these federal cases, as well as other public documents and recent court proceedings:
Between 2011 and 2017, GUZZONE was a construction project manager for Bloomberg, a global financial firm that was engaged in various building projects in New York City and elsewhere, while OLSON and NIGRO were executives at Turner, which performed construction projects for Bloomberg. For most of that time, beginning in 2013, CAMPANA was also a construction manager at Bloomberg. Each of the defendants participated in a scheme to obtain bribes from construction sub-contractors, who paid kickbacks to the defendants in exchange for being awarded various construction contracts and sub-contracts performed for Bloomberg.
In all, the defendants are charged with failing to pay taxes, between 2010 and 2017, on bribes exceeding $5.1 million. The defendants received such bribes in various forms, including millions of dollars in cash, as well as construction labor and materials for work on their individual homes and properties, and the direct payment of personal expenses. Such personal expenses included charges related to CAMPANA’s 2017 wedding, such as approximately $40,000 paid by sub-contractors to a catering hall in New Jersey, over $13,000 to a photography studio, and over $23,000 to a travel agent for airline tickets purchased in connection with CAMPANA’s honeymoon, as well as Super Bowl tickets worth almost $8,000 provided to GUZZONE. Each of the defendants evaded federal income tax on this bribery income, by failing to declare it on income tax returns for various years between 2010 and 2017.
In connection with the underlying bribery scheme, the Manhattan District Attorney’s Office charged OLSON, CAMPANA, GUZZONE, NIGRO, and 10 others in December 2018 with numerous felonies, including charges of conspiracy, commercial bribery, and money laundering. On November 19, 2019, CAMPANA pled guilty in the State court case to money laundering in the third degree for his participation in the bribery scheme. (
OLSON, 53, of Massapequa, New York, pled guilty today to a single count of tax evasion for the tax years 2011 through 2017. That charge carries a maximum sentence of five years in prison, a maximum fine of $250,000 or twice the gross gain or loss from the offense, and an order of restitution. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
CAMPANA, 34, of Tuckahoe, New York, pled guilty to a tax evasion charge on November 26, 2019, for the tax years 2014 thought 2017, and was sentenced last week, on July 24, 2020, to 24 months in prison, three years of supervised release, restitution of $155,000 in unpaid taxes (which he has repaid), and a fine of $10,000.
GUZZONE, 51, and NIGRO, 59, both of Middletown, New Jersey, were each charged in criminal informations, respectively on July 14 and 16, 2020, with a single count of tax evasion. The charges against GUZZONE pertained to the tax years 2010 through 2017, while the charges against NIGRO pertained to 2011 through 2017. Those charges carry a maximum sentence of five years in prison, a maximum fine of $250,000 or twice the gross gain or loss from the offense, and an order of restitution. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judges.
Ms. Strauss praised the excellent work of the Internal Revenue Service.
Leader And Members Of Mob Family Sentenced To Life In Prison For Murder, Racketeering, And Other Crimes
Acting U.S. Attorney Audrey Strauss said: “Matty Madonna, Christopher Londonio, and Terrence Caldwell – respectively, the Acting Boss, a soldier, and an associate of the Luchese Family – were responsible for the execution-style murder of Michael Meldish seven years ago. Madonna ordered it, Londonio set it up, and Caldwell pulled the trigger. Now all three have been sentenced to serve the rest of their lives in federal prison. Thanks to the outstanding investigative work of the FBI and NYPD, we continue our commitment to render La Cosa Nostra a thing of the past.”
According to the evidence presented at trial, and other court documents:
Until his arrest in this case, MADONNA was the Acting Boss of the Luchese Family of La Cosa Nostra, one of the “Five Families” that constitute the Mafia in the New York City area. In 2013, MADONNA became displeased with Michael Meldish, a longtime organized crime associate who had refused to collect debts owed to MADONNA. MADONNA ordered Meldish killed. Acting under the orders of MADONNA and Crea, LONDONIO helped set up Meldish – a personal friend of LONDONIO’s – to be killed, and acted as the getaway driver for the murder. CALDWELL carried out MADONNA’s and Crea’s orders to kill Meldish. CALDWELL met Meldish and drove with him to a Bronx neighborhood to meet LONDONIO. As Meldish got out of his car, CALDWELL shot him once in the head, killing him instantly. CALDWELL then drove off with LONDONIO. For their participation in the Meldish murder, MADONNA, LONDONIO, and CALDWELL were each convicted at trial of conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, and use of a firearm in furtherance of murder in aid of racketeering.
In addition, MADONNA, 84, of the Bronx, New York, LONDONIO, 45, of Hartsdale, New York, and CALDWELL, 61, of New York, New York, were also convicted of racketeering conspiracy; CALDWELL was convicted of attempted murder in aid of racketeering and discharging a firearm in furtherance of attempted murder in aid of racketeering arising out of his May 29, 2013, ambush of a member of the rival Bonanno Family in Manhattan; and LONDONIO was convicted of conspiracy to distribute narcotics.
Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation, the New York City Police Department, Homeland Security Investigations, the Waterfront Commission of New York Harbor, and the U.S. Bureau of Prisons.
.
Comptroller Stringer Demands Answers on NYCHA Playgrounds
Comptroller’s April 2018 audit uncovered dangerous or deficient conditions in nearly three-quarters of NYCHA’s playgrounds — a failing that NYCHA has yet to properly address
As playgrounds reopened, Comptroller requested update from NYCHA Chair on critical inspections and repairs to ensure children in public housing have safe spaces to play this summer
New York City Comptroller Scott M. Stringer is demanding answers from New York City Housing Authority (NYCHA) Chairman Greg Russ on the status of overdue inspections and repairs of NYCHA’s playgrounds. The Comptroller’s April 2018 audit found that nearly three-quarters of NYCHA’s playgrounds were in unsatisfactory or dangerous condition. Despite several promises for full inspections and corrective action following that audit, NYCHA has yet to provide a full accounting of its playground inspections or the condition of its 788 playgrounds in 238 developments.
Last month, NYCHA announced that it was reopening its playgrounds, which had been closed for several months because of the COVID-19 pandemic. It did so without having provided the Comptroller with the promised results of the “first round” of inspections that NYCHA’s newly formed Playground Unit was to have completed by February 28, 2020 — a promise Chairman Russ made to the Comptroller by letter dated December 27, 2019.
Given that the COVID-19 pandemic has hit NYCHA developments particularly hard and that children in public housing need safe spaces to play outside this summer, the Comptroller asked the NYCHA Chairman to respond in writing with answers to specific questions by July 23, 2020. To date NYCHA has failed to respond.
The full text of the Comptroller’s letter can be found below.
Re: Status of NYCHA playgrounds repairs
Dear Chair Russ:
While the entire City has been impacted by the COVID-19 pandemic, NYCHA residents, and particularly children living in NYCHA developments, have been particularly hard hit. Our young people have experienced trauma and loss, between the disruption of school, the stress of the pandemic, and disproportionally high mortality rates of their neighbors and loved ones. It has never been more urgent that children living in NYCHA have safe spaces to play this summer.
That is why I am writing to follow-up on my office’s April 2018 audit of NYCHA playground conditions that found nearly three-quarters of playgrounds in unsatisfactory or dangerous condition, and July 2019 letter demanding action to remedy the situation after NYCHA’s failure to act for more than a year after the audit was released. You have outlined a commitment to implement new practices, develop a masterplan, and create a new unit to ensure that all NYCHA play spaces are inspected, maintained, and repaired within 90 days; however, my office has not received any additional information indicating the implementation of these plans to date.
On June 22, 2020, New York City officially entered phase II of reopening and playgrounds across all five boroughs were allowed to reopen. On July 6, 2020, New York City officially entered Phase III of reopening allowing other outdoor play spaces including basketball courts to re-open. While the pandemic may have delayed some inspections or maintenance, as play spaces reopen, we must ensure that all children have equitable access to safe playgrounds. I therefore request your timely response and action on the following items to maintain safety at NYCHA playgrounds.
In your December 27, 2019 letter to my office, you indicated that NYCHA was in the process of reviewing solicitations for landscape architecture design services, to establish comprehensive baseline inspection data and masterplans for all play spaces. You also offered the following timeline:
- November 2019-December 2019 – Solicitation released, addendum issued, and proposals received
- January 2020 – Task Order to be issued (multiple landscape architecture firms anticipated)
- February 2020-May 2020 – Phase 1 of Masterplan (Data Collection and Analysis) to be shared with the Comptroller’s Office
- June 2020-September 2020 – Phase 2 of Masterplan (Masterplan Design of All Sites in Scope) to be shared with the Comptroller’s Office
1) What is the status of these plans and when can my office expect to receive them for review?
You also shared that while the masterplan is in development you would implement an interim strategy that included the formation of a new Playground Unit composed of maintenance workers. You outlined that this new unit would be expected to inspect play spaces and secure or mitigate hazardous conditions and meet regularly with the NYC Department of Parks & Recreation (DPR) to learn best practices and refine training protocols. You informed my office that the Unit would finish its first round of inspections of all of NYCHA’s play spaces by February 28, 2020 and that this work would continue on a monthly basis thereafter. Moreover, you committed to collate the results and provide them to my office shortly after February 28, 2020. However, my office has still not received this data.
2) Please provide documentation confirming when the Playground Unit completed its first round of inspections, as well as any inspections that occurred in the months thereafter, and any inspections scheduled for the future.
3) In accordance with your prior commitment, please provide a collated report of the results of the inspections including a full accounting of all deficiencies noted during NYCHA’s playground inspections undertaken by this Unit to date, including but not limited to hazardous and potentially hazardous conditions, and any corrective action taken thus far.
4) Please also confirm whether the Unit met with DPR and if so, whether this training is still ongoing.
I understand that as part of an Agreement with the United States Department of Housing and Urban Development (HUD), the Southern District of New York, and the City of New York, NYCHA created Compliance and Quality Assurance Departments to address the various health and safety issues that you admit had long been neglected. In your previous letter to my office you indicated NYCHA would review all of its Standard Procedures and establish an inspection baseline that these new Departments will validate.
5) Please advise whether this review is complete, and whether any reforms have been made to these procedures, please respond with the date it was officially rescinded, superseded, or revised, with supporting documentation for any such change.
Additionally, you informed my office that the Compliance and Quality Assurance Departments are charged with ensuring that procedures, statues, rules and regulations are consistently followed across all departments.
6) Are these Departments reviewing all play space inspection records for accuracy and completeness?
7) Please provide an accounting of all inspections performed to date (including but not limited to those performed within the 90-day period following March 22, 2018) with applicable dates and identifying the specific playgrounds inspected, listing the developments and location (street address). If none were performed, please so state.
You further indicated that technological upgrades were required to enable the results of play space inspections and corrective actions to be tracked, monitored, and reported out electronically in an automated and systematic fashion.
8) What is the status of these IT upgrades and when are they expected to be complete?
Please provide a written response to these questions and document requests by July 23, 2020. I am also available to meet with you at any time to discuss NYCHA’s plans to adopt my office’s audit recommendations.
Sincerely,
Scott Stringer
New York City Comptroller
PUBLIC ADVOCATE CALLS FOR ANSWERS FOLLOWING VIDEO OF ARREST BY NYPD WARRANT SQUAD
- Have previous cases for alleged damage of property ever led to similar tactics by the NYPD we saw in the videos yesterday? If so, how frequently are those tactics used in those instances?
- How did the New York Police Department determine the tactics used in the viral video to force a transgender woman in an unmarked car?
- At what point of any arrest in an unmarked van by Warrant Squad are Miranda rights read?
- What other criminal charges have ever led to plainclothes officers forcibly removing protestors if any?
- Was an arrest warrant, signed by a judge, issued to make this or any arrest on July 28?
- What protocols must be followed by the Warrant Squad when serving someone a warrant?