MAYOR DE BLASIO ANNOUNCES TAXI MEDALLION OWNER-DRIVER RELIEF FUND

 

 Mayor Bill de Blasio today announced the creation of the city’s first-ever Taxi Medallion Owner-Driver Relief Fund for financially troubled taxi medallion owner-drivers. The Fund, which will be stimulus-dependent, will offer debt relief to taxi medallion owner-drivers whose industry has been hard hit by the COVID-19 pandemic.

“Medallion owners have been hit hard by this pandemic. They deserve all the support we can give them as ridership recovers,” said Mayor de Blasio. “This program creates a pathway to solvency and supports the yellow medallion taxi industry’s important role in building a recovery for all of us.” 

 

“I have spoken with many medallion owners, and I hear the pain in their voices,” said TLC Chair Aloysee Heredia Jarmoszuk. “They worry about being able to provide for their families, sometimes having to choose between making a loan payment and putting food on the table. This relief fund will give crucial help to an industry that was overleveraged and suffered severe loss of business during COVID-19. As the City’s economy recovers, we want to give medallion owners the support they need to get vehicles back on the streets and handle increased passenger demand.”

 

The $65 million Taxi Medallion Owner-Driver Relief Fund will include:

• 0% interest loans of up to $20,000 to use as a down payment to assist in restructuring medallion debt.
• Up to $9,000 in no/low interest loans to make as many as six monthly loan payments of $1,500.

 

The TLC Owner/Driver Resource Center will also continue to assist licensees in obtaining stimulus and other benefits, including federal Payroll Protection Plan (PPP) loans that have already helped medallion owners cover business expenses. The application period for PPP loans expires March 31.

 

TLC's Resource Center, which offers a range of free financial counseling and legal assistance for TLC Licensees, as well as connecting them with government benefits and health and wellness resources, has already served nearly 800 licensees. TLC Licensees in need of these services can call 311 or visit nyc.gov/taxi to make an appointment.

 

298 Days and Counting

 

I took a poll to see if I should run for governor. After eliminating all those nasty remarks my poll ended in a tie. So I did what happens in Rank Choice Voting when there is a tie, I flipped a coin. You will soon see which way the coin landed.

Assemblymember Nathalia Fernandez - March Office COVID-19 PCR Testing

 

Our office is happy to announce that we will begin providing Free PCR COVID-19 Testing in partnership with Junior Chambers International- Queens, to our community at our office, 2018 Williamsbridge Road, Bronx, New York, 10461

The testing is Free For The Uninsured and Zero Copay For The Insured.

Walk-ins are available, but we do encourage scheduling an appointment in advance for quicker services.

For the month of March, our testing dates are March 10th and March 24th between 10:00am to 5:00pm.

We encourage you to invite your families, friends, and neighbors as we continue to practice COVID-19 Safety Guidelines and do our parts to keep the community safe through this pandemic. 

Best Regards,

New York State Assemblywoman Nathalia Fernandez.

Attorney General James Makes Appointments to Lead Investigation Into Sexual Harassment Allegations Against Governor Cuomo

 

Taps Former U.S. Attorney for SDNY Joon H. Kim, Employment Discrimination Attorney Anne L. Clark

  New York Attorney General Letitia James today announced the appointment of former Acting U.S Attorney for the Southern District of New York Joon H. Kim and employment discrimination attorney Anne L. Clark as the two attorneys who will lead an independent investigation into allegations of sexual harassment leveled against Governor Andrew Cuomo. Kim and Clark will be supported in the investigation by Jennifer Kennedy Park, Abena Mainoo, and Yannick Grant.

“We are committed to an independent and thorough investigation of the facts,” said Attorney General James. “Joon H. Kim and Anne L. Clark are independent, legal experts who have decades of experience conducting investigations and fighting to uphold the rule of law. There is no question that they both have the knowledge and background necessary to lead this investigation and provide New Yorkers with the answers they deserve.”

This team is charged with conducting a thorough and independent investigation of, and the circumstances surrounding, allegations of sexual harassment against Governor Cuomo, including his administration's handling of such matters. This work will be comprised of — but not limited to — issuing subpoenas and related compliance; examination of relevant documents and records; interviews, including formal depositions; and analysis of data and information pertinent to the investigation. As required by the enabling statute, the team will report weekly on the investigation to the Office of the Attorney General throughout the duration of the investigation. Upon the conclusion of the investigation, the team will produce a written report which will include its findings. The report will be made available to the general public.

About Joon H. Kim

Joon H. Kim is a partner at Cleary Gottlieb Steen & Hamilton LLP, focusing on internal investigations and regulatory enforcement, as well as high-stakes litigation. 

Kim has enjoyed a distinguished career over two decades at high levels of government and in private practice at the firm, personally trying over a dozen federal jury trials and actively participating in dozens more.

From March 2017 to January 2018, he served as the acting U.S. attorney for the Southern District of New York. As the most senior federal law enforcement officer in the district, he oversaw all criminal and civil litigation conducted on behalf of the United States and supervised the work of approximately 220 assistant U.S. attorneys handling a wide range of cases, including public corruption, fraud, cybercrime, money laundering, cryptocurrency, tax litigation, terrorism, racketeering, Bank Secrecy Act and sanctions violations, and theft of trade secrets and economic espionage, as well as civil rights, civil enforcement, and environmental matters. Before becoming acting U.S. attorney, Kim served in various leadership positions in the office, including deputy U.S. attorney, chief of the Criminal Division, and chief counsel to the U.S. attorney.

Kim is a Phi Beta Kappa graduate of Stanford University and a cum laude graduate of Harvard Law School. Following law school, he clerked for the Honorable Miriam Goldman Cedarbaum in the United States District Court for the Southern District of New York.

About Anne L. Clark

Anne L. Clark is a partner at Vladeck, Raskin & Clark, P.C., where she focuses on employment law issues on behalf of employees at the trial and appellate levels. She has successfully represented plaintiffs in numerous sexual harassment and other employment discrimination cases in the private sector, in education, and in government.

Prior to joining Vladeck nearly 30 years ago, Clark was a Skadden Fellow/staff attorney at the NOW Legal Defense and Education Fund (currently known as Legal Momentum), where she worked on the Eleventh Circuit appeal of the landmark sexual harassment case Robinson v. Jacksonville Shipyards, Inc.

Clark is a Phi Beta Kappa graduate of New York University and a cum laude graduate of New York University School of Law, where she was a member of the editorial staff at the New York University Law Review. Early in her career, Clark was a law clerk for the Honorable Raymond J. Pettine in the United States District Court for the District of Rhode Island.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic March 8, 2021

 

4,830 Patient Hospitalizations Statewide

1,005 Patients in the ICU; 669 Intubated

Statewide Positivity Rate is 3.62%

64 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"The hospitalization and infection rates in New York are declining every day, and New York is now in the middle of a long-awaited reopening," Governor Cuomo said. "As we continue re-opening the valves on our economy and increasing the numbers of shots in arms, we have never been closer to winning this war, but we must remain vigilant. New Yorkers know the practices that will keep themselves and each other safe - washing hands, social distancing and masking up. The decline in numbers is in large part a result of our collective actions and together we will work toward seeing the light at the end of the tunnel." 

Today's data is summarized briefly below: 

• Test Results Reported - 146,456
• Total Positive - 5,309
• Percent Positive - 3.62%
• 7-Day Average Percent Positive - 3.19%
• Patient Hospitalization - 4,830 (+41)
• Net Change Patient Hospitalization Past Week - -477 
• Patients Newly Admitted - 474 
• Hospital Counties - 53
• Number ICU - 1,005 (+6)
• Number ICU with Intubation - 669 (-13)
• Total Discharges - 150,473 (+373)
• Deaths - 64 
• Total Deaths - 39,093

Manhattan U.S. Attorney Announces Resolution Of Civil And Criminal Healthcare Fraud Charges Against Vascular Surgeon For Fraudulently Billing Medicare For Medically Unnecessary Procedures

 

Dr. Feng Qin Agrees to Pay $800,000, Admits Misconduct, and Receives Four-Year Ban from Participating in Federal Healthcare Programs

 Audrey Strauss, the United States Attorney for the Southern District of New York, and Scott Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s (“HHS-OIG”) New York Region, announced today that the civil and criminal healthcare fraud cases against FENG QIN, M.D. (“QIN”), a vascular surgeon, and his medical practice QIN MEDICAL P.C. (“QIN MEDICAL”) have been resolved.  QIN, who practiced in Lower Manhattan and Far Rockaway, Queens, was criminally charged in December 2018 with fraudulently billing Medicare for vascular surgery procedures performed on end-stage renal disease (“ESRD”) patients that were not medically reasonable and necessary or covered under Medicare rules; the United States also filed a civil healthcare fraud complaint against QIN and QIN MEDICAL in December 2018. 

Under the civil settlement approved today by U.S. District Judge Laura Taylor Swain, QIN and QIN MEDICAL agreed to a pay $783,200 to the United States.  The State of New York is expected soon to enter into an additional settlement with defendants in the amount of $16,800, for a total recovery of $800,000.  The amount is based on the Office’s assessment of the defendants’ ability to pay based on the financial information they provided.  As part of the settlement, QIN and QIN MEDICAL admitted and accepted responsibility for conduct alleged by the Government in its civil complaint as further described below.  QIN previously paid $150,000 to settle a prior civil fraud lawsuit filed against him and his previous employer for engaging in fraudulent billing practices during the time period 2010 through 2012.

QIN also entered into a Voluntary Exclusion Agreement with HHS-OIG, which prohibits him from participating in Medicare and other federal healthcare programs for four years.  This is in addition to the more than two years he has been so excluded since his arrest, as a condition of his bail.  The Government has agreed to defer QIN’s criminal prosecution for a period of one year, after which time it will seek to dismiss the charges if QIN abides by the terms of the deferred prosecution agreement.    

Manhattan U.S. Attorney Audrey Strauss said:  “For several years, Dr. Qin performed interventional vascular procedures on patients with end-stage renal disease without any documented clinical justification.  As a repeat offender, Dr. Qin now faces a lengthy suspension from participating in federal healthcare programs and must make a hefty monetary payment.  This Office will continue to hold unscrupulous medical providers accountable when they perform and bill the Government for medically unnecessary procedures.”

HHS-OIG Special Agent in Charge Scott Lampert said:  “By billing Medicare for medically unnecessary procedures, Dr. Qin needlessly compromised patient care and victimized taxpayers.  Our agency will continue to hold medical professionals accountable, while protecting the federal health care programs intended for those that depend on them for critical services.”

According to the indictment and the Government’s civil complaint:

Patients with ESRD who are receiving dialysis may require vascular access surgical procedures, such as fistulagrams, where dye is injected into the patient’s vein or artery to visualize blood flow, and percutaneous transluminal angioplasties, in which wires and balloons are inserted into blood vessels that have narrowed in order to restore blood flow.  However, as Medicare billing guidelines made clear, it is not reasonable and necessary for physicians to bill the program for fistulagrams and angioplasties unless the patient has specific and documented clinical problems, such as significant difficulty receiving dialysis properly. 

The patients at QIN’s medical practice primarily consisted of ESRD patients undergoing dialysis treatment.  During the relevant period, from 2015 to 2016, QIN routinely scheduled patients for fistulagrams and angioplasties three months in advance, and performed fistulagrams and angioplasties on these patients as a matter of routine, regardless of whether there was a justifiable clinical reason to do so.  Furthermore, on multiple occasions he misrepresented the medical conditions of patients in their medical records to make it seem as if they suffered from symptoms that would warrant the procedures when they did not.  QIN MEDICAL then unlawfully billed and received payment from Medicare for these procedures, which were excluded from Medicare coverage, as QIN knew.

As part of the civil settlement, QIN and QIN MEDICAL admit, acknowledge, and accept responsibility for the following conduct:

• QIN often routinely scheduled, and actually saw, ESRD patients approximately every three months, regardless of their medical need.
   
• QIN treated many of his ESRD patients with fistulagrams and angioplasties.  The symptoms documented in the medical records, including the records of the dialysis center and the treating nephrologist, were insufficient to justify these treatments for numerous ESRD patients.
   
• QIN knew that in the absence of a documented clinical justification, Medicare would not pay for fistulagrams or angioplasties.  Nevertheless on numerous occasions, QIN MEDICAL sought and received reimbursement from Medicare for these treatments without the required documented clinical justification. 

The allegations of fraud stated in the civil complaint were first brought to the attention of federal law enforcement by a whistleblower who filed a lawsuit under the False Claims Act.

The criminal case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorneys Jean-David Barnea, Michael Krouse, and Alexander Li are in charge of the criminal prosecution.  The civil case is being handled by the Office’s Civil Frauds Unit, and Assistant United States Attorney Barnea is in charge of the matter.

Manhattan U.S. Attorney Sues Automobile Device Manufacturer EZ Lynk, Its Owners, And A Related Company For Manufacturing And Selling Emissions Control Defeat Device In Violation Of The Clean Air Act

 

Suit Alleges Defendants Sell Product Designed to Remove Emissions Controls from Cars and Trucks; Government Seeks Civil Penalties and an Injunction Barring Future Sales

 Audrey Strauss, United States Attorney for the Southern District of New York, and Larry Starfield, Acting Assistant Administrator for the Office of Enforcement and Compliance Assurance of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against Cayman Islands-based EZ LYNK, SEZC (“EZ LYNK”), a related company, PRESTIGE WORLDWIDE, SEZC (“PRESTIGE”), and their U.S.-based founders and owners, BRADLEY GINTZ and THOMAS WOOD (collectively, “Defendants”).  The lawsuit alleges that Defendants manufacture and sell a defeat device designed to permit car and truck owners to remove computerized emissions controls in violation of the Clean Air Act.  The complaint also alleges that EZ LYNK, GINTZ, and WOOD violated the Clean Air Act by refusing to provide EPA with information about the manufacture, sale, and use of EZ LYNK’s defeat device.

U.S. Attorney Audrey Strauss said:  “Emissions controls on cars and trucks protect the public from harmful effects of air pollution.  EZ Lynk has put the public’s health at risk by manufacturing and selling devices intended to disable those emissions controls.  Through our lawsuit, we will prevent Defendants from continuing to sell this product and impose civil penalties to hold them to account.”

EPA Acting Assistant Administrator Larry Starfield stated:  “EZ Lynk refused to cooperate with EPA’s investigation, and all the while continued to sell aftermarket defeat devices that resulted in harmful air pollution.  This is not acceptable and EPA will work diligently with the Department of Justice to stop the illegal activities and ensure that EZ Lynk complies with the Clean Air Act.”

The complaint filed in Manhattan federal court today alleges that for more than four years, Defendants violated the Clean Air Act’s prohibition on defeat devices.  Among other things, the complaint alleges the following:

The Clean Air Act requires motor vehicle manufacturers to design vehicles to meet detailed standards for limiting the emission of harmful air pollutants, which are linked to premature death and cause heart and lung disease, heart attacks, and aggravated asthma, among other serious illnesses.  To achieve these limitations, vehicles contain both hardware components and software that work together to maintain vehicle emissions within legal limits.  The Clean Air Act makes it illegal to manufacture, sell, offer to sell, or cause to be sold any part or component that has a principal effect of defeating emissions controls, if the defendant knew or had reason to know the product is put to this use.

EZ LYNK manufactures and sells a product permitting drivers to “delete” computerized emissions controls in their vehicles, in violation of the Clean Air Act.  Referred to as the “EZ Lynk System,” this product consists of three components: the Auto Agent, which is a physical device that plugs into vehicle computer systems to install software designed to “delete” emissions controls; the EZ Lynk Cloud, which is a cloud computing platform that stores the deletion software; and the Auto Agent App, a smartphone application that connects the Auto Agent to the EZ Lynk Cloud, allowing customers to acquire and install deletion software through their smartphones.  EZ LYNK has sold its product to thousands of drivers across the United States.

EZ LYNK also knows and has reason to know that the principal effect and use of this product is to defeat emission controls.  Among other things, EZ LYNK maintains an online “EZ Lynk Forum” on social media to encourage and assist drivers looking to disable their vehicle emissions controls using the EZ Lynk System.  Hundreds of drivers have visited the EZ Lynk Forum to post their experiences “deleting” emissions controls using the EZ Lynk System.  EZ LYNK representatives have explicitly approved many of the posts, and in some instances have offered technical support to drivers disabling emissions controls.  For example:

• A driver posted, in part, “Finally made the jump and deleted my 14 Ram 2500: Holy hell [] this thing is awesome!  The EZ lynk worked flawlessly, albeit I was a nervous wreck during the tune flash,” adding that “the guys at EZ lynk are doing great work!”  The driver tagged an EZ Lynk representative, who later “loved” the post.
   
• Another driver posted to the EZ Lynk Forum, “Had a few small issues with my ez lynk install.  Got in touch with the tech support.  All issues resolved.  Couldn’t be happier with my ez lynk.  Truck has shown huge improvement with the deletes and new tunes.”  Again, an EZ Lynk representative “loved” the post.

• A driver posted to the EZ Lynk Forum, “Installed ez Lynk on my 14 ram 3500 fully deleted the other day [but] as soon as it loaded” experienced a malfunction.  The driver asked if anyone else had experienced the same problem.  An EZ LYNK representative responded, providing detailed instructions to fix the problem.  The driver then wrote “[p]roblems fixed with the help of EZ Lynk’s Technical Support Representative.”

In fact, some drivers have used the same EZ Lynk Forum maintained by EZ LYNK to urge others to keep quiet about their use of the EZ Lynk System to defeat emissions controls.  For instance, one driver wrote, “If everyone keeps their mouth shut about deleting sooner or later the EPA will calm down.”  Since the EZ Lynk System launched in mid-2016, EZ LYNK has manufactured and/or sold at least tens of thousands of EZ Lynk Systems.

Defendants GINTZ and WOOD own EZ LYNK and control, direct, and manage the marketing and sale of the EZ Lynk System as well as the technical support for the EZ Lynk System.  Defendant PRESTIGE, which is also owned by GINTZ and WOOD, facilitates EZ LYNK’s sale of the EZ Lynk System in the United States by purchasing the Auto Agent devices from EZ Lynk and selling them onward to distributors that sell the devices within the United States.

EZ LYNK’s illegal activity has been compounded by its refusal to provide EPA with basic information about the manufacture, sale, and use of the EZ Lynk System.  The Clean Air Act requires manufacturers like EZ LYNK to provide information that EPA may reasonably require to determine whether the manufacturer’s product complies with the Clean Air Act.  As alleged in the complaint, despite repeated requests, EZ LYNK has refused to provide EPA with much of the requested information about the manufacture, sale, and use of the EZ Lynk System.  EZ LYNK’s efforts to stymie EPA’s investigation also violate the Clean Air Act.

In its complaint, the United States seeks an injunction barring the sale of the EZ Lynk System, the assessment of civil penalties against all Defendants, and other relief.

Ms. Strauss thanked the attorneys in EPA’s Air Enforcement Division and program staff at EPA’s Office of Transportation and Air Quality for their critical work on this case.  Ms. Strauss also thanked Nicole Veilleux, Senior Counsel in the Environment and Natural Resources Division of the U.S. Department of Justice, for her assistance.

This case is being handled by the Environmental Protection Unit of the Office’s Civil Division.  Assistant U.S. Attorneys Mónica Folch and Jennifer Jude are in charge of the case.

MAYOR DE BLASIO, NYC BOARD OF CORRECTION TO END SOLITARY CONFINEMENT IN CITY JAILS

 

 Tomorrow, the New York City Board of Correction, an independent oversight board for the City’s jail system, will formally propose rules to end solitary confinement in the City’s jails at its public meeting. With the new proposed disciplinary model, New York City will go further than any major jail system in the country in banning solitary confinement. 

"From closing Rikers Island, to ending solitary confinement for people under the age of 22, we have reoriented our correction system to value human life and rehabilitation,” said Mayor Bill de Blasio. "Now we are making good on our commitment to ban solitary confinement altogether, creating jails that are fundamentally smaller, safer, and fairer."

 

“Ending solitary confinement is essential to building a safer and more humane jail system for both people in custody and staff. This proposal, developed with the input of experts from across the nation, will end solitary confinement in the New York City jail system and replace it with a system that aims to provide the care and support needed to address violent behavior and better ensure safety for all,” said Board of Correction Chair and CEO and Executive Director of FPWA, Jennifer Jones Austin.

 

The framework for the new alternative disciplinary model, the Risk Management Accountability System (RMAS), is the product of a collaboration of the Working Group to End Punitive Segregation. Announced by Mayor de Blasio and Chair Jennifer Jones Austin last summer, the group set forth clear recommendations to prioritize safety, accountability, and support for both officers and detained persons in our jail system. 

 

RMAS is a three-level progression model that separates people from general population, for a determinate amount of time, in response to violence and holds them accountable through a swift, certain, and fair, process. RMAS aims to ensure that people will be provided with the support they need to successfully reenter general population and, eventually, their communities. 

 

The Board’s proposal begins a public comment process that will seek feedback from people with lived experience, families, staff, advocates, and other experts. After the public comment period, the Board will make changes to the proposal and vote on a final rule in the spring. 

 

The full text of the proposal is available here, with key provisions to include:

• Ends solitary confinement and all other current forms of restrictive housing on 11/1/2021 and replaces it with Risk Management Accountability System (RMAS) 
• RMAS is a three-level progression model with: 
  • Minimum 10 hours out of cell, socializing with at least one other person
  • 5 hours of daily programming 
  • Steady, experienced case managers 
  • Individualized behavioral support plans 
  • Periodic reviews by multidisciplinary team  
  • Ends use of routine non-individualized restraints (e.g. restraint desks) by 11/1/2021 

 

The proposed rules build on groundbreaking reforms in 2015, which ended solitary confinement for 16-21 year olds and people with serious mental illness – and set strict limits on its use for everyone else. These reforms contributed to an 81% decrease in the use of solitary confinement. In October 2019, the Board proposed rules to further restrict solitary confinement however, the vast majority of community members who testified and/or submitted written comments on the proposal — solitary survivors and their loved ones; mental health, criminal justice, legal, and human rights experts; elected officials; faith leaders; and community members – said that new, proposed limits were not enough and called for the immediate end to solitary confinement. The Board’s new proposal recognizes that solitary confinement creates significant risks of psychological and physical harm to people in custody.

 

The Board will accept written comment on the proposal until April 16^th 2021 and hold online public hearings at 9:00 AM on April 13 and 6:00PM on April 14 for members of the public to speak on the proposal.  Additionally, people in custody and jail staff can call the Board’s public comment voicemail box (212 669 7900) and leave a message that will be shared with Board Members.  

 

“The working group worked diligently to develop a system that would end the harms of solitary confinement, and keep officers, staff, and people detained safe. The workgroup focused on building a system of accountability, transparency, and individualized support that we know will change behavior. We sought to address all stakeholders concerns and recommended a model that could inform and encourage the nation to safely end solitary confinement by ending it in New York City,” said Board of Correction Vice Chair and Executive Vice President, Fortune Society, Stanley Richards.

 

“As important as safety and security are in any correctional setting, maintaining safety should not come at the expense of affording people their humanity,” said Department of Correction Commissioner Cynthia Brann. “The Risk Management Accountability System provides our officers with the tools they need to manage some of the most challenging people in our care, while ensuring that placement within a restrictive housing setting does not lead to the deleterious impact solitary confinement can have. For the past eight years, this Department has lead the way in restrictive housing reform, and I am proud to once again to be providing an innovative model for others around the country to follow.”