Tuesday, August 18, 2020

Governor Cuomo Announces Suspension of 16 Additional New York Bars' Liquor Licenses for Egregious Violations of Coronavirus-Related Regulations

 

148 Businesses' Liquor Licenses Have Been Suspended During Public Health Emergency

Multi-Agency Task Force Conducted Over 3,300 Compliance Checks this Weekend, Observing 66 Additional Violations in New York City and on Long Island

812 Charges Have Been Filed and Processed To Date; Updated List of Suspensions and Charges Available HERE


  Governor Andrew M. Cuomo today announced the state has suspended liquor licenses for sixteen additional bars in New York State after finding egregious violations of pandemic-related Executive Orders, bringing the total number of liquor licenses suspended during the coronavirus pandemic to 148. Between Friday and Sunday nights, the state's multi-agency task force -- led by the State Police and State Liquor Authority -- conducted 3,375 compliance checks, documenting violations at 66 establishments. Businesses found in violation of COVID-19 regulations face fines up to $10,000 per violation, while egregious violations can result in the immediate suspension of a bar or restaurant's liquor license. 


"Five months into this pandemic, New Yorkers have bent the curve -- achieving and maintaining one of the lowest rates of infection in the country, including ten straight days with less than 1% of tests returning positive -- but with outbreaks across the nation, we cannot let our guard down. These bar regulations are designed to keep New Yorkers safe, and the State Liquor Authority and State Police are stepping up to supplement local enforcement and make sure the rules are followed," Governor Cuomo said. "My message to bar owners is the same: this is about protecting the health of your employees, your patrons, and the public writ large. These are serious violations, and we are taking aggressive action because there are simply no more excuses for non-compliance."

State Liquor Authority Chair Vincent Bradley said, "The hard work of the task force appears to be having a positive effect on compliance with the Governor's Executive Orders. But as long as the coronavirus continues to present a very real and dangerous threat to our communities, we will continue our efforts to hold licensees accountable."

The sixteen establishments issued emergency orders of summary suspension from the State Liquor Authority Board are located in New York City, the Mohawk Valley and on Long Island.

In New York City, that includes:

  • Bronx - 3
  • Brooklyn - 3 
  • Manhattan - 6
  • Queens - 1

Those outside of New York City include:

  • Herkimer - 1
  • Oneida - 1
  • Nassau - 1

The emergency suspensions were ordered by Chairman Bradley, Commissioner Lily Fan and Commissioner Greeley Ford at special meetings of the Full Board on August 14th, 15th and 16th, conducted by a digitally recorded video under social distancing guidelines. Emergency Summary Suspensions are imposed when the SLA finds the continued operation of a licensed business threatens public health and safety. Suspension orders are served immediately and remain in effect indefinitely, with the maximum penalty including the permanent revocation of the license and fines of up to $10,000 per violation. Licensees subject to an emergency suspension are entitled to an expedited hearing before an SLA Administrative Law Judge.

The bars suspended over the weekend are listed below, along with information on their violations and the date of their suspensions.

"River's Edge" at 657-659 Lenox Avenue in Manhattan, on August 16, 2020 

On August 15th, investigators with the state's multi-agency task force observed approximately fifteen patrons standing and drinking directly outside the premises, most without facial coverings. Inside, investigators documented five patrons sitting at the bar consuming alcohol, in flagrant violation of the Governors' Executive Order in place since March 16, 2020 restricting indoor dining. Investigators also observed three employees not wearing facial coverings and found no evidence that food was being served -- in violation of the state's Alcohol Beverage Control Law dating back to 1964.

"El Porton Bar & Restaurant" at 576 Southern Boulevard in the Bronx, on August 16, 2020 

On August 15th, investigators with the state's multi-agency task force observed eleven patrons consuming alcohol inside the premises, in violation of the Governors' Executive Order in place since March 16, 2020 restricting indoor dining. 

"El Viejo Gran Café" at 498 East 138th Street in the Bronx, on August 16, 2020

On August 15th, investigators with the state's multi-agency task force observed six patrons consuming alcohol and eating inside the premises in violation of the Governors' Executive Order restricting indoor dining, in addition to two employees and the owner without facial coverings. 

"La Espiga 3 Estrellas" at 558 Southern Boulevard in the Bronx, on August 16, 2020 

On August 15th, investigators with the state's multi-agency task force observed eleven patrons consuming alcohol and eating inside the premises in violation of the Governors' Executive Order restricting indoor dining.

"Palace of Zuly" at 913 Wyckoff Avenue in Queens, on August 16, 2020 

On August 15th , NYPD officers observed sixteen patrons consuming alcohol and eating inside the premises, including several at the bar sitting shoulder-to-shoulder, in violation of the Governors' Executive Order restricting indoor dining. Two employees and a manager were observed without facial coverings. The officers also found the business illegally selling hookah without a permit.

"Villa's Lounge 2" at 130-132 Audubon Avenue in Manhattan, on August 16, 2020 

On August 14th, as investigators with the state's multi-agency task force approached the premises, they heard loud music, which was encouraging approximately twenty patrons to drink and congregate directly in front of the restaurant after the 11:00 p.m. curfew for outside dining in New York City. Tables were blocking pedestrian walkways and were not properly spaced, with numerous patrons standing shoulder-to-shoulder without facial coverings. There was no food observed being served during the inspection, with investigators also documenting two employees and a manger without facial coverings.   

"Tempest Bar" at 407 8th Avenue in Manhattan, on August 15, 2020   
On August 14th, investigators with the state's multi-agency task force observed approximately twenty patrons standing and drinking directly outside the premises. Inside, investigators documented twenty patrons consuming alcohol while standing at the bar in flagrant violation of the Governors' Executive Order in place since March 16, 2020 restricting indoor dining. 

"Picante" at 3424 Broadway in Manhattan, on August 15, 2020

On August 15th, at approximately 1:00 am -- two hours after New York City's curfew for outdoor dining -- investigators with the state's multi-agency task force observed at least ten patrons standing in front of the premises without masks, consuming alcohol at a plainly illegal stand-up bar window. In addition to the illegal bar window, investigators also observed a live DJ, creating a nightclub atmosphere. In addition, four patrons were found standing and drinking inside the premises at the bar, four employees working in the kitchen were observed without facial coverings, and the evidence reflected no food was being served with alcohol. 

"Rico Pollo" at 3352 Fulton Street in Brooklyn, on August 15, 2020   

On August 13th, investigators with the state's multi-agency task force observed two patrons inside the premises eating and drinking, in addition to several patrons lined up inside without facial coverings ordering food, all in violation of the Governors' Executive Orders in place since March 16, 2020 restricting indoor service. At least ten employees were observed without facial coverings, including the manager, who admitted he could not control the crowds gathered inside. The kitchen was also observed to be extremely unsanitary and a serious health hazard. 

"Juanito's Grocery" at 144 Sherman Avenue in Manhattan, on August 15, 2020    

On August 14th, NYPD officers and investigators with the state's multi-agency task force discovered the licensed grocery store -- which is not permitted to serve alcohol for on-premises consumption at all -- operating as an outdoor nightclub, with table and chairs set up outside, a speaker blasting music, and a window through which alcohol was being served. Approximately 25 patrons were congregating, drinking, and dancing in front of the premises. In addition, hard liquor was being served even though the grocery was only licensed to sell beer. NYPD officers arrested the store clerk, charging her with illegally selling prescription medications, possession and sale of liquor without a license, and failure to comply with social distancing regulations.

"Side Street" at 2 Otsego Street in Mohawkon August 15, 2020   

On August 14th, investigators with the state's multi-agency task force entered the premises and found a standing room only bar scene, with approximately 30 patrons in the bar area, none of whom were wearing facial coverings. Investigators ordered and were served alcoholic beverages without being seated and without food from a bartender who was not wearing a facial covering. The investigators also observed numerous patrons drinking and milling about, including two who were playing pool near the back of the premises.

"Dick Smith's Tavern" at 1310 Schuyler Street in Utica, on August 15, 2020 

On August 14th, investigators with the state's multi-agency task force observed approximately 30 patrons standing and congregating around the bar area inside the premises, with every seat at the bar filled and several patrons walking around, drinking and mingling without facial coverings. Investigators ordered and were served alcoholic beverages without food from a bartender who was not wearing a facial covering, and noted no patrons ordered or consumed food.

"El Ambiente Restaurant Patio and Lounge" at 2896 Fulton Street in Brooklyn, on August 14, 2020

On August 13th, investigators with the state's multi-agency task force observed over 80 patrons -- including some who were standing and not socially distancing -- consuming alcohol in a cramped, indoor space with tables too close together. In addition, at least twelve patrons were congregating in front of the premises, drinking and ignoring social distancing guidelines. Investigators also documented several employees without proper facial coverings, including a bartender, a valet, a member of the kitchen staff, and two members of the waitstaff.    

"Mio Posto" at 777 West Beech Street in Long Beach, on August 14, 2020

On August 8th, officers with the Long Beach Police Department, responding to complaints from this New Yorkers in this residential neighborhood, heard extremely loud music emanating from the premises and observed twenty patrons congregating outside. Upon entering, officers observed approximately 200 patrons inside the restaurant, which has a maximum occupancy of just 145 under COVID-related regulations. Approximately half of the patrons were in a room with no tables, standing, drinking, ignoring social distancing guidelines, and not wearing facial coverings. The Long Beach Police Department reports that they had previously issued warnings to the premises on two separate occasions in late July. 

"St. Dymphna's" at 117 Avenue A in Manhattan, on August 14, 2020

On August 11th, investigators with the state's multi-agency task force observed numerous patrons standing, drinking, and ignoring social distancing guidelines outside the premises, with multiple customers observed ordering beverages from a takeout window. Investigators checking sales receipts found that practically no food was purchased with orders that evening, in violation of the Governor's Executive Orders. This was the third strike for this business, a repeat offender that the SLA had charged for violating the Governor's Executive Orders on June 26th and on August 10th.   

"Faro Sports Bar & Lounge" at 3247 Fulton Street in Brooklyn, on August 14, 2020

On August 13th, investigators with the state's multi-agency task force found a speaker blasting loud music in front of this premises, encouraging numerous patrons to congregate and linger directly outside. In addition, five employees were observed without facial coverings. Investigators determined that the establishment's liquor license had been illegally sold to a third party without the approval of the SLA and charged the licensee with "availing" the license by allowing persons who are not approved by the SLA to own or operate the premises. With the SLA-approved licensee not present to ensure the public could be protected from the spread of COVID-19 and other dangers, the Board suspended the premise's license.

Governor Cuomo Announces Gyms and Fitness Centers Can Reopen Starting August 24

 

All Gyms and Fitness Centers Able to Open by September 2; Indoor Fitness Classes May Be Delayed Beyond September 2

Facilities Required to Operate at 33 Percent Capacity and Follow Rigorous Health and Safety Protocols, Including Masks at All Times

  Governor Andrew M. Cuomo today announced that gyms and fitness centers can reopen in New York starting August 24. Facilities that reopen will be subject to rigorous health and safety standards and all gyms and fitness centers will be able to open by September 2.

"As New York maintains daily positive test rates below 1 percent, the State has determined that local elected officials can allow gyms and fitness centers to reopen at 33 percent capacity while following rigorous safety protocols, including wearing masks at all times," Governor Cuomo said. "While it's encouraging that we've reached the point where it's acceptable for them to begin reopening in our communities, this is not the time to forget that the pandemic is ongoing. New Yorkers must closely adhere to the guidelines and local health departments are required to strictly enforce them to help ensure gyms and fitness centers reopen safely and protect the public health."

Local elected officials may choose to delay the reopening of gyms and fitness centers until September 2 to, in part, provide time for required local health department inspections, and may also choose to delay the reopening of indoor fitness classes until a date beyond September 2. In New York City, the Mayor will determine whether gyms and fitness centers should postpone reopening. Outside of New York City, the county's chief executive - county executive, administrator, manager, or chair of the local elected legislative body - will determine whether gym reopening needs to be postponed.

Localities can also determine whether gyms postpone resumption of indoor classes. In New York City, the Mayor and, throughout the rest of the state, the county's chief executive may decide to opt-out of indoor group fitness and aquatic classes within their jurisdiction, postponing their resumption until a later date. Local health departments must inspect gyms prior to reopening, or within two weeks of reopening, to ensure strict adherence to Department of Health guidance.

Guidance for Gyms and Fitness Centers

  • Capacity: 33% occupancy limit.
  • Access: Sign-in with contact information and health screening required.
  • PPE: Appropriate face coverings required at all times.
  • Distancing: 6 feet of separation at all times.
  • Hygiene/Cleaning: Cleaning and disinfection supplies made available to customers; shared equipment cleaned after every use; staff must also be available to clean and disinfect equipment in between uses; rental equipment must be cleaned and disinfected between customer use.
  • Classes: By appointment/reservation only; maximum class capacity capped at number of people that can adhere to the 6-feet social distancing rules, but in no case more than 33% of the typical class size (i.e., leave stations, cycles, etc. vacant); classes should be scheduled to allow additional time for cleaning and disinfection in between each session.
  • Amenities: Water bottle refill stations permitted, but not shared water fountains; communal showers are closed, but individual showers/stalls can remain open so long as they are cleaned in between use.
  • Air Handling Systems: Gyms should operate at MERV-13 or greater; if they are unable to operate at that level, they must have heating, ventilation, and air conditioning (HVAC) professional document their inability to do so and adopt additional ventilation and mitigation protocols from American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) and the Centers for Disease Control and Prevention (CDC).
  • Inspection: Local health departments shall inspect before or within two weeks of the gym/fitness center opening to ensure compliance.

United States Attorney's Office District of Arizona July 2020 Immigration and Border Crimes Report

 

I.  Illegal Reentry After Deportation (8 U.S.C. 1326)

157 individuals were charged in July with illegal reentry

A.  135 of those 157 individuals had previously been convicted of non-immigration criminal offenses in the U.S.

Of the 135 individuals with non-immigration criminal records:

1.  25 had violent crime convictions, including:

1 individual had a homicide conviction

7 individuals had sex offense convictions

10 individuals had domestic violence convictions

2.  26 had property crime convictions

3.  29 had DUI convictions

4.  66 had drug crime convictions

B.  81 of those 135 individuals had been deported three or more times

II.  Alien Smuggling (8 U.S.C. 1324)

28 individuals were charged in July with alien smuggling

III.  Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)

0 individuals were charged in July with illegal entry on the CCI calendar

Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.

These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.

*The Department of Homeland Security instituted a policy in late March of expeditiously returning aliens who illegally enter the United States rather than detaining them. The decreased number of individuals presented to this Office for prosecution coincides with the implementation of that policy and other COVID-19 related border restrictions.

SCHUMER PUSHES NEW ACTIONS TO STOP DESTRUCTIVE CHANGES IN THE POSTAL SERVICE IMPACTING SOUTHERN TIER & DEMAND SENATE CALL DEJOY FOR HEARINGS THIS WEEK; DRIVES LEGISLATION TO FORCE DEJOY TO ‘BACK OFF’; PLAN WOULD UNDO CHANGES NOW SLOWING DOWN THE MAIL & WOULD ALSO ENSURE OUR MAIL-IN BALLOTS ARE TREATED AS FIRST CLASS PRIORITY

 

Senator Has Warned Postmaster About Actions That Will Jeopardize Southern Tier Delivery Of Medications, VA Benefits, SS & Of Course Hobble The Nov. Election & Now Plans New Fight     

  Warning that destructive changes to the U.S. postal service continue without reprieve, U.S. Senator Charles Schumer, who has been leading efforts to undo these changes, pushed new actions, today, against Postmaster DeJoy and the policies being implemented to undermine the U.S. postal service. Standing at the U.S. Post Office in the City of Norwich, Schumer also demanded DeJoy be in U.S. Senate hearings this week as he drives legislation to force the postmaster to “back off.” Schumer’s plan would reverse changes now slowing down the mail and would also ensure our mail-in ballots are treated as First Class priority. Schumer said he has warned DeJoy 1:1, highlighted problems across New York, including the Southern Tier, but now the Senate needs to act in an immediate way if the attack on the USPS might stop.

“What has been—and continues—to go on with the postal service, the undermining and destructive policies that are so clearly intent on upending a system that has worked for generations has simply got to stop,” said U.S. Senator Charles Schumer. “I’m pushing new action here to undo the changes and get DeJoy to back off. Moreover, we will use the letter of the law to call the postmaster for hearings this week while driving legislation to fix the mess he’s purposely made. Bottom-line, we will not stand for the in-your-face slowing down of the mail and the undermining of Americans who depend on medications, VA benefits, paychecks, even food, and we will not allow of this to take place all in an effort to hobble the November election—no way.”

Schumer said he will demand the Senate call Postmaster DeJoy for hearings this week AND drive new legislation that would:

1)    Undo the changes slowing down the mail

2)    Ensure our mail-in ballots are treated as First Class priority mail

Schumer warned that if DeJoy continues to go unchecked, the Southern Tier’s more than 3,900 postal jobs would be jeopardized, along with its critical functions that support everyday door-to-door service but also ensure critical medications, VA benefits, Social Security checks paychecks, food and more make it to their destinations. Specifically, In addition, Schumer said there are 1,351 postal workers who operate within NY’s 19th congressional district, which includes neighboring Otsego County and the mid-Hudson Valley region, and 1,308 in NY’s 23rd congressional district.  

Schumer said he remains seriously concerned because the USPS recently directed operational changes in post offices and processing centers. On August 7, 2020, the USPS announced a significant reorganization of Postal Service leadership and functions, which could impact the Southern Tier.

The destructive changes, Schumer notes, include the elimination of extra mail transportation trips, the reduction of overtime, the start of a pilot program for mail sorting and delivery policies at hundreds of post offices, and the reduction equipment at mail processing plants. Schumer said these decisions absolutely have an impact on New York and America, a case he made to the postmaster in person.

In urging the postmaster, both in letters and personally, Schumer argued the Postal Service is an “essential public institution with an obligation to serve every community in the nation.” Schumer told DeJoy he should not make changes in the Southern Tier that will slow down mail or compromise service for veterans, small businesses, rural communities, seniors, and millions of Americans who rely on the mail for medicines, essential goods, voting, correspondence, and for their livelihoods.  The Postal Service has characterized these changes as efficiency or cost-saving measures and add they minimized any “temporary service issues” as an “inevitable” side effect of implementing new procedures, Schumer and colleagues noted in a recent letter.

Schumer has argued that in the midst of a pandemic, these actions, whether intentional or not, are already causing mail delays across the country and appear to constitute an unacceptable threat to the Postal Service and the millions of Americans who depend on it. According to Time, amid the pandemic, many postal service employees have seen their workload double because Americans started ordering more medicine and food online from inside their homes. But the volume of letter mail – the USPS’s biggest revenue stream – has fallen. In April, the U.S. Postmaster General, told the Congressional Committee on Oversight and Government Reform that revenue losses this fiscal year could reach $13 billion. Schumer said that the USPS is like any other business that has been provided relief and assistance and that the numbers prove they’ve been hard hit.

Schumer was joined by Nicole Burnett, President of American Postal Workers Union Local 257, and a Chenango County resident dependent on USPS services: Howard Davisson, a South New Berlin resident and veteran who receives his medication through the mail.

Schumer explained he has received dozens of complaint calls to his office in recent weeks from USPS customers throughout the Southern Tier. 

Mayor de Blasio on Public School openings, and COVUD-19 August 17, 2020,

 

  Mayor Bill de Blasio: Well, good morning, everybody. I want to talk, in a moment, about the first day of the new school year. And it certainly symbolizes a new beginning every year. It's a time of great hope and possibility every year. This year, it's going to take on so much greater meaning as we fight back from the coronavirus crisis, as we make sure our kids have the bright futures they deserve. We're going to have a lot to say about that in a moment. But first I want to talk about a great New Yorker who we lost in the last few days, Claire Shulman, former borough president of Queens. This is a true New York story. Claire Shulman always wanted to do something to help people and she had a passionate what-you-see-is-what-you-get way about her. And she would make things happen wherever she went. She started out as a PTA president in Bayside, and she let people know that the school had to be better for her kids and everyone's kids. She became a nurse and served people in need, and she brought that compassion forward and everything she did in her life – this is someone who came up from the grassroots. She wasn't part of a political dynasty. She wasn't born with a silver spoon in her mouth. She was just someone who wanted to serve her fellow Queens residents, and she did so with extraordinary tenacity and an understanding of what life was like in the neighborhoods of Queens. Extraordinary tenure, 16 years as borough president, making sure that Queens got its fair share and making lives better for so many people in her beloved borough. So, for everyone in Queens today who knew Claire Shulman or heard about what she did for all of you and for all of New York City, we mourn her passing, and her family is in our thoughts and prayers today.

 

So, that just gives you some indication of the preparations underway already. I want to thank everyone who's a part of this, all the custodial service staff that's working so hard, and I've met a lot of these men and women. They care deeply about our kids. They are doing this work because they know how important it is to get it right. Everyone at the School Construction Authority, who's working hard all the time to improve our school facilities. Folks have been working now for months and months, and we still have weeks ahead to continue to improve and focus every inch of the school on safety and health. Now, look, the message in that video is whatever our schools need they're going to have. We're going to send them the supplies in great bulk before school begins and then constantly resupply as needed. This is about everything, everything a school can need, whether it's the hand sanitizer or the wipes or soap, you name it, face shields, surgical masks. Whatever our educators need, whatever the staff needs, whatever our kids need, we're going to make sure it's there. So, this is about being ready. It's about moving past fear to resiliency, getting ready to have a school year where our kids get served in a safe way and putting in place the precautions needed.

 

Now the point that we keep making, whatever the school needs, it will get, and we are establishing a new hotline for principals. Principals will get the information later today. The hotline will be up and running this week so that principal can call if there's anything they need. If they need additional PPEs for their educators, if they need additional cleaning supplies, it will be immediately delivered. Any principal can call with any request and there'll be action right away to get it to them. Everything our educators need, of course, will be provided for free. Their health and safety is crucial here. So, I want people to be clear – and I know the Chancellor feels this deeply – that we need our educators and our staff to know that all of this support will be in place for them ahead of school opening and then if anything comes up where there needs to be rapid response, we can do rapid resupply to schools, just a phone call away. Now the Chancellor is not only going to give the order. The Chancellor himself is going to go out and do unannounced spot inspections of schools to make sure that everything's in place before and during the school year. We're going to have ongoing monitoring by a number of Department of Education officials, unannounced safety checks to make sure that things are right for the whole school community.

 

Now, let me turn to another very important matter as we fight the coronavirus. Obviously, everything we're doing right now is to beat back this disease so that we can start moving forward as a city, so people could get their livelihoods back, so people can have the assurance that we're getting safer. This is about, of course, our schools, it's about small businesses, it's about every part of our lives. What we need to always do is if we see a problem act on it very, very quickly. I talked to you a few days ago about a concern we had about Sunset Park, Brooklyn. And since then there's been a massive outreach effort. 7,300 doors have been knocked, 77,000 robocalls, 35,000 live calls talking to residents of Sunset Park. Over the last few weeks, we've done 5,200 tests, almost 800 of them through mobile vans, just in the last few days. Here's what we know at this point. We do not see a cluster situation at this point in Sunset Park, based on the information we gleaned over the last few days from this intensive testing. We do see individual households with specific problems and those households are being engaged intensely to ensure that they quarantine, that they safely separate. And what we're finding is actually a very, very strong response. The vast majority of households, readily working with our Test and Trace team to safely separate because they understand the extent of the challenge and they're working with us to keep the disease contained so it doesn't spread in the community as a whole.

 

Now we've got to continue this focus on testing in Sunset Park. So, this week at the Brooklyn Army Terminal, there will be free testing available to all members of the community, including antibody testing, and the City will provide a shuttle bus in Sunset Park to get folks to the Brooklyn Army Terminal for free testing. There will be pick-up and drop-off at 6th Avenue and 44th Street, as well as 7th Avenue and 60th Street. It will be going from 9:00 AM to 6:30 PM every day, this week. And everyone will be kept safe, obviously, with face coverings when they're on that bus. And the important thing here is, if you live in Sunset Park and you haven't yet been tested, or you haven't been tested recently, please take advantage of this free testing. It will help us all. We'll keep giving you updates. But we do know, again, that we do not have a cluster situation there at this point based on the information we have. And we do know that with our intensive outreach, to those who – families that have at least one person who's tested positive, we're seeing about a 90 percent compliance rate with safely separating. And again, we are doing constant follow-up with those families to make sure that continues to be the case.

 

Now, meanwhile, right in the same neighborhood, you know, we gave a lot of warnings in the last days of last week. I think a lot of people heard that there was a problem in Sunset Park. So, you’d think it would be the last place that anyone would choose to do an illegal gathering that would put other people's lives in danger. But unfortunately, that's just what some people did. A small number of people in the scheme of things, but enough people to be worried about. Several hundred gathered in indoor spaces. Exactly what we cannot have. Two illegal raves, in fact, in Sunset Park. The Sheriff's Office stepped in quickly, broke up these raves. They are holding accountable those who organized them. It's just unacceptable. I want to be abundantly clear. You cannot organize a large gathering that's going to put people's lives in danger, or you will suffer the consequences. And I want to command everyone at the Sheriff's Office. They've been vigilant. They've really been heroes throughout this crisis. They broke up these two gatherings quickly. And I'll say to everyone, we all understand that people are feeling cooped up and looking for things to do, but whatever you are looking to do, you have to do it the safe way. You cannot take the chance of endangering other people's lives.

 

Now, we’ll get some updates as we continue to battle back this disease. We do see day by day, week by week, some real improvement and some specific steps towards our reopening. And a couple of things today that are notable because they are things that people love and they're starting to come back to life. A little step towards normalcy. And so, the State announced some additional standards over the last few days. For some people, this is truly a passion – bowling, bowling alleys will reopen at 50 percent capacity and that's happening today. And then next Monday, museums, aquariums, and other low risk cultural spaces can open at 25 percent capacity. And this comes with a whole host of precautions. There's timed ticketing, staggered entry, everyone has to wear face coverings, constant cleaning. So, the State rules are very stringent, as they should be, but it is a good step forward to give people some other options, but safe options so we can keep moving forward.

 

Let's go over today's indicators. Number one, daily number of people admitted to hospitals for suspected COVID-19, threshold 200 patients, today's report 57. Number two, daily number of people in Health + Hospitals ICUs, threshold 375 patients, and today's report 264. And three, percentage of people testing positive citywide for COVID-19, threshold 15 percent, today, once again, one percent. That is my favorite testing number besides zero and again, commend all New Yorkers for the progress we've made.


Monday, August 17, 2020

JIM OWLES LIBERAL DEMOCRATIC CLUB ANNOUNCES MANHATTAN DA FORUM

 

 The Jim Owles Liberal Democratic Club has announced that it will hold the first forum for all nine declared candidates for Manhattan District Attorney on Tuesday, August 18 at 6 p.m. The online forum will be open to the public, with registration required in advance, and all club members may participate. The link to register is on the attached invitation.

The Jim Owles Liberal Democratic Club is scheduling this forum to give club members and others interested an early opportunity to assess the nine candidates. Allen Roskoff, the club President, said, “this forum is a historic opportunity to get an early look at the candidates for one of the most important offices in the country.”

The forum grows out of the club’s strong, longstanding interest in criminal justice issues. The club has advocated for many years for clemency for elderly and other prisoners who have paid their debt to society and proven they are ready to contribute once again. The club has been a leader in the effort to enact progressive legislation to make the legal system less punitive and more oriented towards rehabilitation, including proposed state legislation to decriminalize sex work, and to repeal an anti-loitering statute commonly known as the “walking while trans” law.

Mr. Roskoff noted, “The Manhattan District Attorney is an extremely high profile position, and its importance cannot be emphasized enough. In recent years, cities from Philadelphia to San Francisco have elected progressive district attorneys determined to reverse the excesses of over-zealous prosecution. The Jim Owles Liberal Democratic Club intends to do everything possible to ensure that the next Manhattan District Attorney sets a standard for progressive values that is second to none. 

The following nine candidates will participate in the forum: Tahanie Aboushi; Alvin Bragg; Liz Crotty; Diana Florence; Lucy Lang; Janos Marton; Eliza Orlins; Assemblymember Dan Quart; and Tali Farhadian Weinstein. 

Governor Cuomo Announces 7 Million COVID-19 Tests Conducted to Date in New York State - AUGUST 16, 2020

 

0.78 Percent of Yesterday's COVID-19 Tests were Positive — 9th Straight Day that the Percentage Positive was Under 1 Percent

6 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Observes Violations of State Requirements at 33 Establishments

Confirms 607 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 425,508; New Cases in 35 Counties

  Governor Andrew M. Cuomo today announced 7 million diagnostic tests for COVID-19 have been conducted to date in New York State, and that the number of positive cases yesterday — 0.78 percent — was below 1 percent for the ninth day in a row.

"Our numbers reflect the hard work of New Yorkers, and as other states across the nation see surging cases, our numbers remain steadily low. For more than a week, we've seen our positivity rate stay below 1 percent, and to date New York has done 7 million tests—these are remarkable accomplishments that New Yorkers should be proud of," Governor Cuomo said. "New York State is demonstrating that a response guided by science and data - not politics or opinion - is the only effective way to deal with this virus. But, we must not become complacent and risk slipping backwards — everyone must remember to wear their masks, socially distance, wash their hands regularly, and stay New York Tough."

Yesterday, the State Liquor Authority and State Police Task Force visited 1,170 establishments in New York City and Long Island and observed 33 establishments that were not in compliance with state requirements. A county breakdown of yesterday's observed violations is below:

  • Bronx - 5 
  • Brooklyn - 8 
  • Manhattan - 9 
  • Queens - 3 
  • Nassau - 8

Today's data is summarized briefly below:

  • Patient Hospitalization - 527 (+4)
  • Patients Newly Admitted - 79
  • Hospital Counties - 30
  • Number ICU - 128 (+8)
  • Number ICU with Intubation - 59 (+1)
  • Total Discharges - 74,154 (+73)
  • Deaths - 6
  • Total Deaths - 25,250

Two Ocean County Companies Agree to Resolve Price-Gouging Charges Involving 11 Million Items of Scarce Personal Protective Equipment by Selling Them at Cost

 

  Two Ocean County, New Jersey, import companies have agreed to resolve violations of the Defense Production Act (DPA) of 1950 for price-gouging customers of personal protective equipment (PPE) during the COVID-19 pandemic by agreeing to sell at cost approximately 11 million items of PPE seized from three warehouses by law enforcement in April 2020, U.S. Attorney Craig Carpenito announced today.

The two companies – CSG Imports LLC and KG Imports LLC, both of Lakewood, New Jersey – have also agreed to disgorge $400,000 in profits relating to transactions with two customers who purchased PPE from CSG Imports at excessive prices and to compensate those customers for their losses.

“The defendants in this case sought to profit illegally from a pandemic just as it was starting to sweep across the country,” U.S. Attorney Carpenito said. “Today’s agreements will ensure that needed personal protective equipment gets into the hands of the people who need it, and at a fair price. We will continue to investigate these price-gouging cases with our law enforcement partners and make sure that vendors stop trying to make excess profits during this national emergency.”

“Profiteers who choose to shamelessly defraud the America public should know the FBI will utilize every means under the law to bring them to justice,” FBI Newark Acting Special Agent in Charge Joe Denahan said.

Prior to the COVID-19 pandemic, CSG Imports had never imported PPE or health-care equipment or products of any kind. KG Imports was formed after the pandemic began specifically to import PPE into the United States.

The resolutions arise out of law enforcement’s April 22, 2020, seizure of over 11 million items of PPE – predominantly N-95 respirator face masks and three-ply disposable face masks – owned by CSG Imports and KG Imports from three warehouses in Lakewood. Law enforcement seized the PPE after learning that the companies were violating the DPA by offering for sale and selling scarce PPE at prices in excess of prevailing market prices for those items.

Both CSG Imports and KG Imports entered into deferred prosecution agreements with the U.S. Attorney’s Office for the District of New Jersey in connection with criminal complaints filed today charging each company with one count of violating the DPA. CSG Imports has committed to selling the seized PPE at cost and compensating two entities that it sold PPE to in excess of prevailing market prices in the amount of $400,000. The agreement provides that CSG Imports must pay a minimum of $200,000 to these entities directly in amounts proportionate to CSG Imports’ profits on PPE sold to those entities and that CSG Imports may compensate the remaining portion of the $400,000 by transferring PPE to these entities at no cost. Pursuant to a separate deferred prosecution agreement, KG Imports has also agreed to sell the seized PPE at cost. 

According to the admissions:

CSG Imports

            Beginning in March 2020, with the COVID-19 pandemic affecting New Jersey and the rest of the United States and world, CSG Imports began to obtain directly from international manufacturers and import various items of PPE into the United States. When it did not deliver directly to customers, CSG Imports stored the PPE at warehouses in Lakewood and sold the PPE to customers, including hospitals, health care providers, health care suppliers, and end users in New Jersey and elsewhere.

            From March 2020 through May 2020, CSG Imports imported into the United States and offered for sale PPE and other health and medical resources that were Designated Scarce Materials in excess of prevailing market prices. For example, CSG Imports imported N-95 masks for a blended per-unit cost of $3.47 and sold them with markups ranging from $0.78 to $2.53. CSG Imports also imported three-ply disposable face masks for a blended per-unit cost of $0.37 and sold them with markups ranging from $0.09 to $0.28.

KG Imports

            Beginning in March 2020, KG Imports also began to import various items of PPE that were stored in warehouses in Lakewood and sold to customers in New Jersey and elsewhere. Until that time, KG Imports had not dealt in such products.

            From April 2020 through May 2020, KG Imports offered and sold these items at prices that exceeded prevailing market prices. For example, KG Imports imported three-ply disposable face masks for a blended per-unit cost of $0.37 and sold them with markups ranging from $0.11 to $0.43.

As part of the agreements, both CSG Imports and KG Imports agreed to continue to cooperate with the government in any ongoing or future criminal investigations during the term of their respective agreements. 

The government reached these resolutions with CSG Imports and KG Imports based on a number of factors, including: both entities’ failure to timely and voluntarily self-disclose the conduct that triggered the investigations; the nature and seriousness of the offenses; and credit for each company’s respective cooperation. Both entities also agreed to sell all PPE seized by the government at prices not to exceed their costs in obtaining the PPE and to provide semi-annual written reports to the government regarding their PPE sales.

Attorney General William P. Barr created the COVID-19 Hoarding and Price Gouging Task Force, led by U.S. Attorney Carpenito, who is coordinating efforts with the Antitrust Division and U.S. Attorneys across the country wherever illegal activity involving protective personal equipment occurs. The Secretary of Health and Human Services has issued a Notice designating categories of health and medical supplies that must not be hoarded or sold for exorbitant prices. 

Please report COVID-19 fraud, hoarding or price-gouging to the National Center for Disaster Fraud’s National Hotline at (866) 720-5721, or e-mail: disaster@leo.gov

U.S. Attorney Carpenito credited special agents of the FBI under the direction of Acting Special Agent in Charge Joe Denahan, with the investigation leading to today’s resolutions. He also thanked the Lakewood Police Department for its assistance.