Two Individuals Charged In Connection With Armed Robberies

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced the unsealing of an Indictment charging VICTOR RIVERA, 29, and MICHOLS PENA, 38, with conspiracy to commit robbery, robbery, and firearms offenses.  RIVERA and PENA were arrested on this morning.  PENA was arrested in Queens and will be presented early next week before United States Magistrate Judge Gabriel W. Gorenstein. RIVERA was arrested in Miami and will be presented early next week before United States Magistrate Judge Edwin Torres in the Southern District of Florida. This case is assigned to United States District Judge Alvin Hellerstein.

Acting U.S. Attorney Audrey Strauss said:  “As alleged in the Indictment, the defendants are charged in connection with a violent robbery conspiracy.  In one of the robberies a victim was shot.  Thanks to the outstanding work of the Special Agents of our office and cooperation across multiple law enforcement agencies, the defendants now face federal charges for their crimes.  We especially want to thank the Bergen County Prosecutor’s Office for its assistance in this matter.”

As alleged in the Indictment unsealed today in Manhattan federal court[1]:

From at least in or about June 2020 up to and including November 2020, VICTOR RIVERA, MICHOLS PENA, and others known and unknown, agreed to commit robberies in which the objects of the robberies were Richard Mille watches worth hundreds of thousands of dollars, and the watches were owned by businesses transacting in interstate commerce.  RIVERA participated in an armed robbery on June 11, 2020, in which the victim was shot.  RIVERA also participated in an armed robbery on August 2, 2020.

RIVERA and PENA are charged with conspiring to commit Hobbs Act robbery; this count carries a statutory maximum sentence of twenty years in prison. RIVERA is further charged with two counts of Hobbs Act robbery, each of which carries a statutory maximum sentence of twenty years in prison; aiding and abetting the use, carrying, and possession of a firearm, which firearm was brandished and discharged in furtherance of a crime of violence, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of ten years in prison, which must run consecutively to any other sentence imposed; and using, carrying, and possessing a firearm in furtherance of a crime of violence, which firearm was brandished, which carries a statutory maximum sentence of life in prison and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other sentence imposed.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York, the New York City Police Department, the Bergen County Prosecutor’s Office, the Englewood Cliffs Police Department, the Weehawken Police Department, and the Nassau County Police Department.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Indictment, the description of the Indictment, and the statements made in related court filings and proceedings set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Governor Cuomo Calls on Congress to Renew and Expand Critical Support Programs for Unemployed Americans Amid COVID-19 Pandemic

 

As Country Enters Holiday Season and Faces Another COVID Surge, Federal Programs Set to Expire 

Governor Cuomo: "Congress moved decisively this spring to address the economic impacts of the pandemic and should once again take action before the calendar year ends to bring badly needed support to millions of struggling Americans." 

 Governor Andrew M. Cuomo today called on Congress to renew and expand federal support programs for unemployed Americans — many of which have expired or will end just days after Christmas. The programs provide critical benefits for millions of American families that have faced unemployment as a result of the ongoing COVID-19 pandemic, including supplemental benefits for individuals and support for local and state governments. The Governor sent a letter to Congressional leaders urging them to act quickly as states across the country face another surge of infections, hospitalizations, and deaths while millions of Americans remain unemployed.

"The pandemic has not just impacted Americans' health -- it has also created an unprecedented economic crisis. As we enter the holiday season, and as states once again enact stronger measures to stop COVID, critical federal unemployment benefits are about to expire. Inaction from Washington is putting millions of Americans' financial security at risk," Governor Cuomo said. "Congress moved decisively this spring to address the economic impacts of the pandemic and should once again take action before the calendar year ends to bring badly needed support to millions of struggling Americans."

Since the beginning of the COVID-19 crisis, New York State has paid more than $55 billion in unemployment benefits to 3.8 million New Yorkers — which represents more than 26 typical years' worth of benefits. Nationwide, more than 20 million Americans are currently receiving unemployment benefits, including 12 million covered by programs that will expire on December 31, 2020. In New York, that includes 1.2 million current claims from New Yorkers receiving Pandemic Unemployment Assistance, which provides benefits for freelancers, self-employed workers, and others who do not typically qualify for traditional unemployment benefits, and 682,000 claims from individuals who are receiving 13 additional weeks of benefits under the Pandemic Emergency Unemployment Compensation program after exhausting the 26 weeks of traditional benefits.

The full letter is available below:

Dear Majority Leader McConnell, Speaker Pelosi, Minority Leader Schumer, and Minority Leader McCarthy:

As you are well aware, the coronavirus has continued to spread across the country, with the United States entering what appears to be another surge of infections this fall. While disturbing, this increase is not surprising — experts told us that as temperatures fell, cases would increase, and those predictions have unfortunately come true.

The physical toll of the pandemic is well known: 12 million Americans have been infected and more than 250,000 have lost their lives. 

But the pandemic has not just impacted Americans' health — it has also created an unprecedented economic crisis with unheard of levels of unemployment across the nation. Since March, more than 68 million Americans have filed unemployment claims, representing over 42 percent of the nation's workforce. Last week, the number of newly filed claims nationwide grew by 31,000, representing the first week-over-week increase after four weeks of decreasing claims.

Unlike the federal government's response to the virus itself, Congress moved decisively this spring to address the economic impacts of the pandemic — supplying Americans with federally-funded stimulus checks, supplemental unemployment benefits, and benefits for freelancers, the self-employed, and others who are not typically covered by traditional unemployment insurance.

However, as we enter the holiday season — and as states once again enact stronger measures to stop the surge in cases, hospitalizations, and deaths — Washington's inaction is putting millions of Americans' financial security at risk. 

When the CARES Act was passed in March, roughly 10 million Americans had filed for unemployment benefits during the pandemic — today, that number has increased by nearly 600%. At the time, the nation had only faced two weeks with unemployment claims above the pre-pandemic high of 695,000. Now, we have surpassed that level for 35 weeks straight.

Yet despite this worsening economic picture, many critical support programs that were put in place earlier this year have already expired and the few remaining ones are set to expire just days after Christmas. This is simply unacceptable and must be rectified.

The Senate and House must work to renew and expand federal unemployment benefits for Americans while supporting the state governments that are implementing these programs and disbursing the benefits. 

The following programs should be extended or renewed through the end of the federal Fiscal Year 2021:

• Pandemic Unemployment Assistance (PUA)— This program, which is set to expire on December 31, 2020, allows freelancers, self-employed individuals, and others who are not typically eligible for unemployment insurance to receive 46 weeks of federal benefits. As of the latest US DOL data, nearly 8.7 million Americans are currently receiving benefits under PUA.
• Pandemic Emergency Unemployment Compensation (PEUC)— This program, which is also set to expire on December 31, 2020, provides an additional 13 weeks of federally-funded unemployment benefits to Americans who have exhausted state unemployment insurance. As of the latest US DOL data, nearly 4.4 million Americans are currently receiving benefits under PEUC.
• Federal Pandemic Unemployment Compensation (FPUC)— Created by the CARES Act, this program provided federal supplemental benefits of $600 per week to all unemployed Americans. After expiring in late July, this program was temporarily replaced with the Lost Wages Assistance program, which failed to adequately address the continuing needs of the American public, while causing more administrative work for states.
• Federal Support for Shared Work— Shared work programs allow employers to keep staff partially-employed while still cutting costs. Rather than laying off their staff, a business is able to reduce all workers' hours, with unemployment benefits replacing some or all of their lost wages. To encourage use of these programs, the federal government fully funded states' shared work programs, but this support is set to expire on December 31, 2020.
• Reimbursements for Local Government, Non-profit, and Tribal Employers— Recognizing the severe impact of the coronavirus pandemic on local governments, non-profit organizations, and tribal nations, the federal government agreed to reimburse half of unemployment benefits these employers paid out. That support is due to expire on December 31, 2020, putting further strain on organizations that are already struggling to stay afloat and provide needed services during this crisis.
• Support for State Unemployment Insurance Trust Funds— Due to the unprecedented surge in unemployment insurance claims, states across the country have exhausted their unemployment insurance trust funds. Earlier this year, the Federal government allowed states to borrow to replenish their trust funds interest-free. Starting next year, those loans will begin accruing interest — even as unemployment levels remain at critically high levels. All states should be allowed to continue borrowing for their unemployment insurance trust funds without accruing interest next year. Further, the federal government must recognize the impact repaying these loans will have on businesses, especially already-struggling small businesses, and fully forgive all loans.
• Cost-Sharing for Unemployment Insurance Administrative Costs— Every state's unemployment insurance system has been tested by the pandemic response, and many state departments of labor have implemented multiple new federal programs using decades-old technology. The Federal government has so far paid half of these administrative costs — that should increase to 100 percent reimbursement, but at the bare minimum this cost sharing must continue. Failing to do so will significantly harm states' abilities to support unemployed workers.

The United States of America's economy remains in crisis. More than 20 million of our neighbors received some form of unemployment benefits during the week ending October 31st — over thirteen times the number receiving benefits this time last year.

Not extending these programs — which can largely be accomplished by passing the unemployment and workforce provisions of H.R. 925, the HEROES Act — is akin to abandoning millions of Americans in their time of need. Congress must take action before the calendar year ends, and anything less would be an abdication of your duty.

I look forward to your immediate attention to these matters.

Andrew M. Cuomo

Governor, New York State

Chair, National Governors Association 

Norwood Turkey Giveaway Farewell For Councilman Andrew Cohen

Governor Cuomo Announces New Record-High Number of COVID-19 Tests Reported to New York State

 

205,466 COVID-19 Tests Reported to New York State Yesterday

Positive Testing Rate in All Focus Zone Areas is 4.55 Percent; New York State Positivity Outside All Focus Zone Areas is 2.15 Percent

Statewide Positivity Rate is 2.66 Percent

32 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today announced that 205,466 COVID-19 test results were reported to New York State yesterday—a new record high.

"We did 205,000 tests yesterday, a new record. Remember when we first started, we could only do 500 tests a day -- that's how far we have come. Context here is very important because I want New Yorkers to have confidence in the rules that we're setting. And it's not that our rules are that much more onerous than other states' rules, it's that we triggered them earlier. Our triggers are much lower than other states, and hence our performance is much better than other states," Governor Cuomo said. "You decide your own destiny. If you follow the rules, you're fine. And if you're not fine, the rules change on you. The micro-cluster approach doesn't put restrictions on places that are following the rules. It's that targeted. If you and your neighbor are acting responsibly, you have a collective, vested interest in your local community. I am concerned about Thanksgiving, and I believe it could have a large impact if people are reckless. It is the socialization that's a problem, and socialization is human behavior. So we are on guard, but it depends on what we do."

The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 4.55 percent, and outside the focus zone areas is 2.15 percent. Within the focus areas, 43,790 test results were reported yesterday, yielding 1,994 positives. In the remainder of the state, not counting these focus areas, 161,676 test results were reported, yielding 3,474 positives.

Today's data is summarized briefly below:

• Patient Hospitalization - 2,348 (+72)
• Patients Newly Admitted - 361
• Hospital Counties - 50
• Number ICU - 445 (+8)
• Number ICU with Intubation - 205 (+5)
• Total Discharges - 82,766 (+259)
• Deaths - 32
• Total Deaths - 26,292

Doctor And Office Manager Charged For Illegally Distributing Oxycodone From Midtown Manhattan Practice

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), and Scott J. Lampert, Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), announced today the unsealing of an Indictment in Manhattan federal court charging HOWARD ADELGLASS, a licensed physician, and MARCELLO SANSONE, an employee at ADELGLASS’s clinic, with conspiracy to distribute oxycodone illegally.  The defendants were arrested yesterday afternoon, and will be presented before United States Magistrate Judge Kevin Nathaniel Fox in Manhattan federal court today.  The case is assigned to U.S. District Judge Kimba M. Wood.

Acting U.S. Attorney Audrey Strauss said:  “As alleged, Howard Adelglass betrayed his profession by writing thousands of medically unnecessary opioid prescriptions for more than a million oxycodone pills in less than three years.  Marcello Sansone allegedly got promoted from trusted gatekeeper patient to office manager, helping Adelglass run his grotesquely lucrative pill mill.  Now both are in custody and facing federal felony charges.”

FBI Assistant Director William F. Sweeney Jr. said:  “The alleged behavior of Adlelglass, a licensed physician, who held a position of trust in our society, causes lasting harm to our communities.  To intentionally peddle these substances into our communities, especially to those who have struggled to overcome the addiction of powerful painkillers, is an offense against all of society.  The type of conspiracy alleged here has led to devastating consequences for addicted patients and their families, and has placed an immense burden on communities who will be left to pick up the pieces of shattered lives.  This particular alleged operation has been shut down, but our message to others engaging in the same type of illegal activity should be clear – put the prescription pad away.  Your medical degree won’t provide you immunity from federal charges or the consequences that will follow.”       

HHS-OIG Special Agent in Charge Scott J. Lampert said:  “The defendants allegedly operated a greed-fueled scheme that callously put lives at risk and worsened the opioid epidemic that plagues our country.  Working with our law enforcement partners, we will continue to hold accountable medical professionals who act like drug dealers at the expense of some of the most vulnerable people in our society.”  

According to the allegations contained in the Indictment unsealed today in Manhattan federal court:[1]

HOWARD ADELGLASS is a licensed physician who, with MARCELLO SANSONE, operated a pain-management clinic located in Midtown Manhattan (the “Clinic”).  The Clinic serviced purported patients seeking oxycodone and other pain-relief medications commonly diverted for illicit purposes.  In exchange for cash payments, ADELGLASS wrote thousands of prescriptions for large quantities of oxycodone to individuals who ADELGLASS knew did not need the pills for any legitimate medical purpose.  Many of the purported patients were addicted to opioids and, in some cases, sold oxycodone pills on the street to drug users.  Most patients were referred to the Clinic by existing, trusted “gatekeeper” patients, of which SANSONE was one.  The Clinic primarily operated on a cash-only basis, and generally operated only for a few hours per day, opening sometime between approximately 2:00 p.m. and 5:00 p.m.  After serving as a gatekeeper patient, SANSONE’s role at the Clinic expanded beginning in or about October 2018, when he joined ADELGLASS in managing the Clinic’s operations.  SANSONE helped to control access to ADELGLASS and the lucrative prescriptions he wrote for medically unnecessary oxycodone.

Between in or about November 2017 and in or about September 2020, ADELGLASS prescribed more than 1.3 million oxycodone pills.  ADELGLASS generally dispensed these pills after conducting limited or no examination of the purported patient.  The purported patients who obtained oxycodone through ADELGLASS and SANSONE at the Clinic were often drug-addicted individuals who failed drug tests administered by the Clinic.  ADELGLASS nevertheless continued to prescribe large quantities of oxycodone to these patients, many of whom traveled long distances to obtain the illicit oxycodone from the Clinic. 

HOWARD ADELGLASS, 65, of New York, New York, and MARCELLO SANSONE, 35, of Old Bridge, New Jersey, are charged each with one count of conspiracy to distribute oxycodone illegally, 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 defendants will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the FBI, NYPD, and HHS-OIG.  She also thanked for its assistance the Drug Enforcement Administration (“DEA”) Tactical Diversion Squad - New York City, which comprises agents and officers from the DEA, the NYPD, the New York State Police, New York State Department of Financial Services, New York National Guard, New York City Department of Investigation, and New York State Department of Health Bureau of Narcotics Enforcement.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

RECOVERY AGENDA: DE BLASIO ADMINISTRATION ANNOUNCES BUS AND BIKE LANES ADDED TO MAJOR BRONX CORRIDOR

 

Over two miles of bus lanes and protected bike lanes to transform E.L. Grant Highway in Highbridge; “Double-header” project along wide, high-crash corridor

 Mayor Bill de Blasio today announced the New York City Department of Transportation (NYC DOT) has completed a major transformation of the E.L. Grant Highway in the Highbridge section of the Bronx. Administration officials and advocates cut the ribbon today on signature transit and bicycle safety improvements to the corridor, including a combined 2.4 lane miles of dedicated bus lanes and protected bike lanes (PBL), each running in both directions. The bus lanes will serve 56,000 riders every day, on three different bus routes.

 

NYC DOT has completed over 16 PBL miles so far in 2020, with more than nine more miles scheduled to be completed this year. The de Blasio administration has created more than 120 miles of on-street protected lanes; its recent pace represents about one of every five protected lane miles nationwide. NYC DOT also added four miles of bus lanes in the Bronx this year and 10.4 miles citywide, primarily as part of the Mayor’s Better Buses Restart.

 

“E.L Grant cuts through the heart of Highbridge, and the Bronx deserves safer and more reliable alternative transit options,” said Mayor Bill de Blasio. “These transformative design changes will encourage bus and bike ridership, speed up Bronxites’ commutes, and save lives.”

 

“Today's announcement is another example of the truly transformative work this Administration is doing to ensure our streets are designed with all New Yorkers in mind," said Deputy Mayor Laura Anglin. "Bus riders, cyclists, pedestrians, now all have safer and more reliable infrastructure along one of the busiest corridors in the Bronx." 

 

“It is not often that one project can have such a dramatic impact on so many different road users, but with new red bus lanes and green bike lanes, E.L. Grant vividly shows the very best of what DOT can do,” said New York City Department of Transportation Commissioner Polly Trottenberg. “With these changes, bus riders get to their destinations faster, cyclists get protected lanes and pedestrians are able to cross a wide street much more safely.”

 

E.L. Grant Highway had seen 44 injuries on average per year from 2013-2017, including eight severe injuries. Bus and bike lanes have consistently proven to make streets safer for transit riders, cyclists, pedestrians, and drivers.

 

NYC DOT has added ­­­­50.9 miles of bike lanes in the Bronx since 2016, including 5.7 miles so far this year. That includes projects such as Willis Avenue, Bronxdale Avenue, and Mosholu Avenue.

 

The E.L. Grant bus lane (.6 miles each way; 1.2 miles total), only the second center-running bus lane in the city, enhances a high-ridership corridor that had been plagued by double parking. The new lanes come with five new bus boarding islands offering benches and leaning bars for riders, while also calming traffic, shortening crossing distances, and improving pedestrian safety.

 

The E.L Grant PBL (.6 miles each way; 1.2 miles total) replaces a standard buffered bike lane with the full PBL treatment, including shortened crossing distances at five intersections including Jerome Avenue, 170^th Street, Shakespeare Avenue, Nelson Avenue, and Plimpton Avenue. The project delivers a new signalized crossing at University Avenue and left turn restrictions at Plimpton Avenue, 169^th Street and Nelson Avenue. Metered parking was also added to commercial areas and current meter regulations expanded.

 

Edward L. Grant Highway was named to honor former New York Giants baseball player and United States Army Captain Eddie Grant, who enlisted to fight in World War I in 1917 after his retirement from baseball. Grant was killed by an artillery shell during the Meuse-Argonne Offensive in October 1918 after his superior officers were killed and he led his remaining troops on a search for the Lost Battalion. Grant was the first Major League Baseball player killed in that war and one of only eight to die overall.

 

For more information about the de Blasio Administration’s Vision Zero initiative, please see www.nyc.gov/visionzero. For more on the City’s Better Buses Action Plan please see www.nyc.gov/betterbuses and for more on the New York City Green Wave plan for cycling, please see www.nyc.gov/greenwave.

 

 

Councilman Mark Gjonaj - Community Information COVID-19 Testing and More

 

Turkey and Produce Giveaway at Community Board Ten

 

It was billed as a Holiday Turkey Giveaway by State Senator Biaggi at the Community Board Ten office on East Tremont Avenue. People began to arrive and line up one hour before the scheduled time. They were greeted by boxes and boxes of fresh vegetables and fruits being put into shopping bags by members of the Hunts Point Produce Market, and members of Community Board 10. These bags of produce were then handed out to the people waiting on line. 

Senator Biaggi arrived soon afterwards to give out face masks and information to the people waiting on line. While the turkeys arrived late, they were put into bags by the board members and others to be given out. When the turkeys ran out Senator Biaggi gave out some coupons for free turkeys to local Community Board Ten supermarkets. 

Above - A large truck arrived from the Hunts Point Market loaded with premium quality fruit and vegetables to hand out. The boxes are lined up at the curb after being unloaded. 

Below - The fruits and vegetables lined up before being put into bags and handed out to those on line.

Above - The fruits and vegetables are being put in bags by Members of Community Board Ten and others, as the CB 10 District Manager watches.

Below - Senator Biaggi hands out Face Mask and other information as you can see the bags of fruits and vegetables in the wagons.