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Thursday, February 18, 2021
Four Alleged Smugglers Charged For Importing Banned Catfish Into The United States
Audrey Strauss, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), Timothy Donovan, Assistant Director of the Northeast Division, National Oceanic and Atmospheric Administration (“NOAA”), Office of Law Enforcement (“OLE”), and Bethanne M. Dinkins, the Special Agent-in-Charge of the New York Field Office of the Office of the Inspector General for the United States Department of Agriculture (“USDA-OIG”), announced the unsealing today of a Complaint charging MAHMUD CHOWDHURY, a/k/a “Masum Chowdhury,” a/k/a “Uncle Masum,” SHAKIL AHMED, BELAYET HUSSAIN, a/k/a “Belayet Sohel,” and FIROZ AHAMMAD with participating in a conspiracy to smuggle banned catfish into the United States through the Southern District of New York. All four defendants were taken into custody today and will be presented this afternoon before United States Magistrate Judge Katharine H. Parker.
U.S. Attorney Audrey Strauss said: “As alleged, food safety for U.S. consumers was seriously compromised by these defendants, who disguised their importation and distribution of dangerous fish and fish products. Thankfully, investigators with HSI, NOAA, and USDA-OIG detected something fishy and reeled in the defendants, who now face serious federal charges.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “Something smelled fishy, and this investigation led to this transnational criminal organization as the center of an alleged smuggling operation moving multiple shipments of catfish from prohibited countries into our ports to further a very lucrative scheme. It is a major concern when food entering the U.S. does not meet our strict health and safety guidelines, and HSI New York, working with CBP and our law enforcement partners, will continue to protect the public from potentially contaminated, diseased or adulterated food products and bring to justice those who choose to line their pockets at the expense of our food supply chain.”
NOAA-OLE Northeast Division Assistant Director Timothy Donovan said: “This case demonstrates the importance of our cooperation with U.S. government partners to interdict illegal products before they enter the country. OLE continues to work to protect consumers and fishermen from seafood fraud and the illegal importation of seafood through initiatives like our Seafood Import Monitoring Program.”
USDA-OIG Special Agent-in-Charge Bethanne M. Dinkins said: “Protecting the safety of food is a top priority for USDA-OIG, and we will continue to dedicate investigative resources and work with our law enforcement and prosecutorial partners to protect the integrity of the food supply and bring to justice those who circumvent food safety protocols and put consumers at risk.”
As alleged in the Complaint unsealed today in Manhattan federal court[1]:
Since in or about 2017, the importation into the United States from most countries of fish of the order Siluriformes, which includes multiple species of fish commonly referred to as catfish, has been prohibited by federal law, in order to ensure the safety of food for human consumption in the United States. From at least in or about January 2018 up to and including at least in or about October 2019, notwithstanding this ban, MAHMUD CHOWDHURY, a/k/a “Masum Chowdhury,” a/k/a “Uncle Masum,” SHAKIL AHMED, BELAYET HUSSAIN, a/k/a “Belayet Sohel,” and FIROZ AHAMMAD, the principals of Asia Foods Distributor Inc. (“AFD”), a trading company based in New York City, conspired to smuggle large quantities of prohibited catfish into the United States through the Southern District of New York for distribution to their customers around the United States. The defendants implemented a scheme through which the banned catfish were listed as other species of fish in the shipping documents of foreign exporters presented at customs, and also in the commercial invoices that they provided to their customers, thereby disguising their importation and distribution. In or about 2019, a customs inspection of a shipping container bound for AFD led to the discovery of the prohibited catfish. Further quantities of illegally imported catfish were also found at AFD’s warehouse and at certain of AFD’s customers’ stores during site inspections. The ensuing investigation of HSI, NOAA, and USDA-OIG led to the seizure of multiple shipping containers bound for AFD, in which banned catfish were identified. Moreover, the execution of a search warrant at AFD’s warehouse resulted in the seizure of evidence documenting AFD’s orders to foreign exporters and communications between the defendants about how to avoid the detection of their scheme and the accompanying risk of potential arrest and imprisonment.
Ms. Strauss praised the outstanding investigative work of HSI, NOAA, and USDA-OIG, as well as the assistance of United States Customs and Border Protection (“CBP”).
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Thomas John Wright is in charge of the prosecution.
The charges contained in the Complaint 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 Complaint and the descriptions of the Complaint constitute only allegations, and every fact described should be treated as an allegation.
MAYOR DE BLASIO ANNOUNCES SHOP YOUR CITY: BE NYC TO SUPPORT BLACK-OWNED BUSINESSES
Mayor Bill de Blasio and the NYC Department of Small Business Services (SBS) Commissioner Jonnel Doris today announced Shop Your City: BE NYC, a targeted campaign to encourage New Yorkers to shop from the city’s Black-owned businesses.
“The COVID-19 pandemic has affected every small business in our city – but our Black businesses have been hit especially hard,” said Mayor Bill de Blasio. “BE NYC is part of our commitment to create a recovery for all New Yorkers and help our small businesses succeed in this pandemic and beyond.”
“Black businesses have taken a tremendous hit because of this pandemic. BE NYC, the City’s first initiative to fight the racial wealth gap, will continue to find new and creative to support these businesses," said Deputy Mayor for Strategic Policy Initiatives J. Philip Thompson. "The Shop Your City: BE NYC campaign will urge New Yorkers to shop local and help our small businesses come back stronger than ever.”
“Black businesses aren’t just places to purchase goods and services. They serve as cornerstone centers for communities across the City and resource hubs to share critical information with neighbors,” said Jonnel Doris, Commissioner of NYC Department of Small Business Services. “Now more than ever, shopping locally can make or break a business. Shop Your City: BE NYC, will encourage New Yorkers to shop at local Black-owned businesses during Black History Month and beyond.”
Launching during Black History Month, Shop Your City: BE NYC is a targeted campaign that aims to generate attention and support for Black businesses – which constitute 3.5% of all businesses in New York City. The Shop Your City: BE NYC campaign will:
- Spotlight Black businesses on social media that have continued to operate and serve their communities throughout the pandemic.
- Post online resources to help New Yorkers discover and shop at the City's Black-owned small businesses.
- Encourage New Yorkers to tag a small Black-owned business they’re supporting, using our Instagram story template.
In addition to the campaign, SBS will host a Black History Month roundtable event on February 25, highlighting past and present examples of resilience, resourcefulness and reimagination within the Black business community and overall lessons for NYC’s economic recovery.
Studies show that Black businesses have been severely impacted by the pandemic and are twice as likely to shut down during the pandemic. Black businesses as a whole saw a 41 percent decrease in business activity between February and April of 2020 alone. BE NYC, a first-of-its-kind model in a major American city to help address the racial wealth gap, is actively working to address the needs of struggling Black business owners during the pandemic and beyond.
For more information on the Shop Your City: BE NYC campaign visit nyc.gov/benyc.
Governor Cuomo Announces Lowest Single-Day COVID-19 Positivity Rate Since November 23 - FEBRUARY 18, 2021
7-Day Average Positivity Rate Has Declined for 41 Straight Days
6,434 Patient Hospitalizations Statewide
1,258 Patients in the ICU; 863 Intubated
Statewide Positivity Rate is 3.15%
114 COVID-19 Deaths in New York State Yesterday
Governor Andrew M. Cuomo today announced that the daily positivity rate was 3.15 percent yesterday, the lowest since November 23. The 7-day average positivity rate has declined for 41 straight days.
"New Yorkers fought through the holiday surge of COVID-19 and came out on the other side, and now that the numbers are decreasing we're able to loosen the valve and increase economic activity," Governor Cuomo said. "We're in a footrace between ongoing new infections and our ability to vaccinate as many New Yorkers as possible, and although we have vaccine distribution sites at the ready throughout the state, we're limited by available supply. New Yorkers have already had huge burdens to bear, and we're getting to the light at the end of the tunnel, but we need everyone to double down on the behaviors that make such a difference combatting this pandemic. Wash your hands, wear a mask, stay socially distanced, and be safe."
Today's data is summarized briefly below:
- Test Results Reported - 215,731
- Total Positive - 6,794
- Percent Positive - 3.15%
- 7-Day Average Percent Positive - 3.61%
- Patient Hospitalization - 6,434 (-140)
- Net Change Patient Hospitalization Past Week - -908
- Patients Newly Admitted - 741
- Hospital Counties - 56
- Number ICU - 1,258 (-15)
- Number ICU with Intubation - 863 (+9)
- Total Discharges - 140,215 (+671)
- Deaths - 114
- Total Deaths - 37,556
317 Days and Counting
I told you the nursing home problem was the governor's. I still have 317 days left to mess up like that.
Wednesday, February 17, 2021
Governor Cuomo Updates New Yorkers on State Vaccination Program - FEBRUARY 17, 2021
As of 11 AM today, New York's Health Care Distribution Sites Have Administered 94% of Doses Received Week 1-9
Week 10 Doses Beginning to Arrive in NYS
Vaccine Dashboard Will Update Daily to Provide Updates on the State's Vaccine Program; Go to ny.gov/vaccinetracker; Dashboard Now Includes Demographic Data
Governor Cuomo updates New Yorkers on the state's vaccination program. As of 11AM today, New York's health care distribution sites have administered 94 percent of first doses received for week 1-9 first doses. The week 10 allocation from the federal government is beginning to arrive in New York State, and New York's health care distribution sites have administered 91 percent of doses so far delivered.
"We remain laser-focused on keeping the infection and hospitalization rates down while we vaccinate every eligible New Yorkers quickly and fairly until New York is the first COVID-free state," Governor Cuomo said. "The only issue standing in our way is that our operational capacity for administering the vaccine continues to outpace the current federal supply. I'm confident that with real leadership now in Washington, our weekly allocations will continue to increase, but we must remain patient. As soon as we have more doses, they will be immediately sent to our distribution networks to get those shots in the arms of eligible New Yorkers as quickly as possible."
Approximately 10 million New Yorkers are currently eligible to receive the vaccine. The federal government has increased the weekly supply by more than 20 percent over the next three weeks, but New York's vast distribution network and large population of eligible individuals still far exceed the supply coming from the federal government. Due to limited supply, New Yorkers are encouraged to remain patient and are advised not to show up at vaccination sites without an appointment.
The 'Am I Eligible' screening tool has been updated for individuals with comorbidities and underlying conditions with new appointments released on a rolling basis over the next weeks. Starting next week, local health departments will also receive vaccine allocations for these individuals. New Yorkers can use the following to show they are eligible:
- Doctor's letter, or
- Medical information evidencing comorbidity, or
- Signed certification
Vaccination program numbers below are for doses distributed and delivered to New York for the state's vaccination program, and do not include those reserved for the federal government's Long Term Care Facility program. A breakdown of the data based on numbers reported to New York State as of 11AM today is as follows. Beginning week 9, allocation totals are inclusive of some excess vaccine doses that have been reallocated from the federal Long Term Care Facility program. The allocation totals below include 20 percent of the week 10 allocation which will finish being distributed to New York provider sites on Sunday.
STATEWIDE BREAKDOWN
First Doses Received - 2,263,960
First Doses Administered - 2,068,561; 91%
Second Doses Received - 1,231,325
Second Doses Administered - 942,833
Van Cortlandt Park Alliance - Join Us at the Bronx Parks Speak Up and More
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Attorney General James Files Lawsuit Against Amazon for Failing to Protect Workers During COVID-19 Pandemic
Amazon Refused to Put Adequate Safety Measures in Place, Retaliated Against Workers Who Reported Safety Concerns
New York Attorney General Letitia James filed a lawsuit against Amazon over its failures to provide adequate health and safety measures for employees at the company’s New York facilities and Amazon’s retaliatory actions against multiple employees amidst the COVID-19 pandemic. In failing to maintain a safe work environment by reasonably protecting workers from the spread of COVID-19, Amazon violated New York State Labor Law. In addition, Amazon unlawfully fired and disciplined employees that objected to Amazon’s unsafe work conditions.
“While Amazon and its CEO made billions during this crisis, hardworking employees were forced to endure unsafe conditions and were retaliated against for rightfully voicing these concerns,” said Attorney General James. “Since the pandemic began, it is clear that Amazon has valued profit over people and has failed to ensure the health and safety of its workers. The workers who have powered this country and kept it going during the pandemic are the very workers who continue to be treated the worst. As we seek to hold Amazon accountable for its actions, my office remains dedicated to protecting New York workers from exploitation and unfair treatment in all forms.”
Attorney General James opened an investigation into Amazon in March 2020 following numerous complaints about the lack of precautions taken to protect employees in Amazon facilities as New York was ravaged by COVID-19. The investigation was later broadened to examine whether Amazon unlawfully fired or disciplined employees who reported these safety concerns. In particular, the investigation focused on two facilities with a combined workforce of more than 5,000 individuals –– JFK8, a fulfillment center on Staten Island, and DBK1, a distribution center in Queens. At the time of these complaints, New York City was the epicenter of the pandemic in the United States, and Staten Island had the highest per capita rate of COVID-19 diagnoses in New York City.
The Attorney General’s investigation uncovered evidence showing that Amazon’s health and safety response violated state law with respect to cleaning and disinfection protocols, contact tracing, and generally permitting employees to take necessary precautions to protect themselves from the risk of COVID-19 infection, among other things. For example, Amazon was notified of at least 250 employees at the Staten Island facility who had positive COVID-19 tests or diagnoses, with more than 90 of those individuals present in the facility within seven days of notification to Amazon. However, in all but seven of these instances, Amazon failed to close any portion of the facility after learning of the positive cases. Additionally, Amazon implemented an inadequate COVID-19 tracing program that failed to consistently identify workers who came into close contact with employees who tested positive for COVID-19. On occasions when a worker reported having close contact with a coworker with a positive COVID-19 test, Amazon dismissed the worker’s concerns and did not investigate or follow up on the reports.
The evidence gathered through the Attorney General’s investigation also demonstrates that Amazon unlawfully fired and disciplined workers who reported their concerns about Amazon’s compliance with these health and safety mandates, including Christian Smalls and Derrick Palmer. Smalls and Palmer both raised concerns about Amazon’s response to the COVID-19 pandemic to Amazon managers, made public complaints about Amazon’s practices through the media, and submitted complaints to at least one government agency. Amazon fired Smalls and issued Palmer a final written warning after they made these valid and reasonable complaints.
The lawsuit, filed in the Supreme Court of New York County, argues that Amazon’s actions are in violation of New York labor, whistleblower protection, and anti-retaliation laws. The suit seeks broad injunctive relief and damages, including:
- Requiring Amazon to take all affirmative steps, including changing policies, conducting training, and undergoing monitoring, among others, to ensure that Amazon reasonably and adequately protects the lives, health, and safety of its employees.
- Awarding backpay, liquidated damages, emotional distress damages, and reinstatement for former employee Christian Smalls.
- Awarding liquidated damages and emotional distress damages for employee Derrick Palmer.
- Requiring Amazon to give up the profits it made as a result of its illegal acts.