Saturday, March 13, 2021
294 Days and Counting
Friday, March 12, 2021
Governor Cuomo Updates New Yorkers on State Vaccination Program
178,118 Doses Administered Across New York State in the Last 24 Hours
More than 1.12 Million Doses Administered Over Past Seven Days
Vaccine Dashboard Will Update Daily to Provide Updates on the State's Vaccine Program; Go to ny.gov/vaccinetracker
Governor Andrew M. Cuomo today updated New Yorkers on the state's vaccination program. 178,118 doses have been administered across New York's vast distribution network in the last 24 hours, and more than 1.12 million doses have been administered over the past seven days. The week 13 allocation from the federal government continues being delivered to providers for administration.
"Our recovery and our ability to continue to reopen our state rely on our continued progress in getting more New Yorkers vaccinated, which is why our providers are working day and night to get more shots into people's arms," Governor Cuomo said. "Even with one out of every five New Yorkers now having gotten a first shot, it is critical that we continue our outreach in hard-hit communities and make the vaccine accessible to every resident. We now know that Washington is serious about giving states and cities a helping hand, and with a strong ally in the White House, we are well positioned to build back better and defeat the beast."
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. 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.
STATEWIDE BREAKDOWN
Total doses administered - 6,264,136
Total doses administered over past 24 hours - 178,118
Total doses administered over past 7 days - 1,120,917
Percent of New Yorkers with at least one vaccine dose - 21.0%
Percent of New Yorkers with completed vaccine series - 10.7%
Attorney General James Announces Indictment of Bronx Man for Sex Trafficking Children
In a 17-count indictment — unsealed today before Bronx County Supreme Court, Criminal Division Judge Michael A. Gross — Alexander was charged with multiple counts of Sex Trafficking of a Child; and related counts of First, Second, Third, and Fourth Degrees of Promoting Prostitution; Conspiracy; multiple counts of Endangering the Welfare of a Child; and Obscenity charges. Both Sex Trafficking of a Child and First-Degree Promoting Prostitution are class B felonies, and the Sex Trafficking of a Child is a violent felony offense. Alexander faces up to 50 years in prison if convicted of the top counts. Additionally, Alexander was remanded and ordered to return to court on March 12, 2021.
“The sexual exploitation of children is disgraceful, sickening, and blatantly illegal,” said Attorney General James. “Adults have the responsibility to protect children, yet Alexander’s alleged actions exposed minors to untold pain and suffering. My office will continue to use every tool in our arsenal to root out sex traffickers and child abusers, and bring justice to their victims. I thank the NYPD for their partnership in this work.”
“Today’s charges further affirm the NYPD’s unwavering commitment to combating sex trafficking and protecting the survivors of this heinous crime,” said NYPD Commissioner Dermot Shea. “I commend our NYPD investigators and the New York state attorney general for their sustained work in this important case.”
The investigation was named “Operation Mile High,” after investigators revealed Alexander was listed as the C.E.O. of Central Jet Charter, a private aircraft charter company. Through the use of covert recording devices, social media, and undercover operations, the investigative team determined that Alexander was, in fact, trafficking children across county lines for sex. The initial investigation began after female minors reported Alexander to the NYPD, alleging that Alexander sexually abused them and other underage girls, and promoted them for prostitution to other men. An undercover police officer met with Alexander, who charged him a total of $300 for sexual intercourse with a 12-year-old victim and a 14-year-old victim — and encouraged the undercover officer to use alcohol and marijuana to make the victims more cooperative.
The investigation further revealed that, between 2018 and 2020, Alexander would lure female teenage victims (ages 12 to 16) to his apartment in Bronx County, often using marijuana and food to entice them. Once there, Alexander would attempt to perform sexual acts with them, expose himself to them, and show the victims nude photographs. Alexander also displayed nude photographs of himself with other female teenagers to his victims.
Alexander was arrested on December 5, 2020. The charges against the defendant are merely accusations and the defendant is presumed innocent until and unless proven guilty in a court of law.
This investigation remains ongoing, and Attorney General James urges anyone who may be a victim of trafficking or who knows someone who may be a victim to call the NYPD’s Trafficking Hotline at 646-610-7272.
Attorney General James thanks Bronx District Attorney Darcel Clark for her office’s assistance in this investigation.
The NYPD investigation was led by Detectives Antonio Pagan and Liam O’Hara, under the supervision of Lieutenant Amy Capogna, who oversees the NYPD’s Vice Enforcement Unit of the Human Trafficking Team. Captain Thomas Milano is the Executive Officer and Inspector Neteis Gilbert is the Commanding Officer of the Vice Enforcement Division.
The OAG investigation was led by OCTF Investigator Ramon Almodovar and Supervising Investigator Paul Grzegorski, under the supervision of OCTF Assistant Chief John Sullivan and Deputy Chief John McManus. The Investigations Division is led by Chief Oliver Pu-Folkes.
The OAG case is being prosecuted by OCTF Assistant Deputy Attorney General Caitlin Carroll, with assistance from Analyst Stephanie Tirado, under the supervision of Deputy Bureau Chief Lauren Abinanti and aided by Crime Victims Assistance Coordinator Priscilla Tavares. Nicole Keary is the Deputy Attorney General in Charge of OCTF, which is a part of the Division for Criminal Justice. The Division for Criminal Justice is led by Chief Deputy Attorney General Jose Maldonado and overseen by First Deputy Attorney General Jennifer Levy.
Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - MARCH 12, 2021
Hospitalizations Drop to 4,634—New Low Since December 6
ICU Patients Drop to 935—New Low Since December 7; 639 Intubated
Statewide Positivity Rate is 3.11%
74 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. Hospitalizations dropped to 4,634, a new low since December 6. ICU patients dropped to 935, a new low since December 7.
"We're making progress each day by fighting the infection rate down and vaccinating more New Yorkers, but we have more work to do to defeat this pandemic and get everyone back to safety. Our residents have faced huge challenges this year with discipline and toughness, and they can make it through to the light at the end of the tunnel," Governor Cuomo said. "New York State is expanding its vaccine distribution network to get more shots in arms, and we'll be able to ramp up vaccinations once the supply increases. In the meantime, New Yorkers should continue washing hands, wearing masks and social distancing as we get through this pandemic together."
Today's data is summarized briefly below:
- Test Results Reported - 299,278
- Total Positive - 9,299
- Percent Positive - 3.11%
- 7-Day Average Percent Positive - 3.13%
- Patient Hospitalization - 4,634 (-101)
- Net Change Patient Hospitalization Past Week - -400
- Patients Newly Admitted - 566
- Hospital Counties - 53
- Number ICU - 935 (-20)
- Number ICU with Intubation - 639 (-26)
- Total Discharges - 152,476 (+570)
- Deaths - 74
- Total Deaths - 39,385
Singapore Resident Charged In Manhattan Federal Court With Fraudulent Pre-IPO Stock Scheme
Audrey Strauss, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), Philip R. Bartlett, Inspector-in-Charge of the New York Field Division of the United States Postal Inspection Service (“USPIS”), Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), and Joseph Fucito, New York City Sheriff, announced today the unsealing of a criminal Complaint charging SHAMOON RAFIQ, a/k/a “Shamoon Omer Rafiq,” a/k/a “Omar Rafiq,” a/k/a “Omer Rafiq,” a resident of Singapore, with securities fraud, wire fraud, and aggravated identity theft for engaging in a scheme in which RAFIQ solicited millions of dollars through his use of false representations offering to sell purported investments in shares of stock in privately held companies that have not yet conducted an initial public offering (“pre-IPO stock”) that he did not actually own, his false impersonation of senior officials of a reputable family office investment firm, and other acts of deception.
U.S. Attorney Audrey Strauss said: “As alleged, Shamoon Rafiq exploited investors’ fear of missing out on the potential gains to be earned from investing in companies before they go public, and solicited millions of dollars from investors through brazen lies and deception. Rafiq allegedly elicited millions under the false pretense that he would sell shares of pre-IPO stocks which – unbeknownst to his investors – he did not even own and therefore could not sell. Furthermore, Rafiq allegedly sent faked emails impersonating senior officials of a reputable family office investment firm that supposedly backed his claims. I sincerely thank our law enforcement partners for their assistance in charging Rafiq for alleged predatory acts of deceit on his victims.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “A fraudster with a felony conviction for wire fraud, Rafiq allegedly attempted to fleece investors out of their hard-earned cash by creating the illusion of a once-in-a-lifetime opportunity to invest victims’ funds into pre-IPO stocks such as Airbnb shares. In reality, no such opportunity existed and Rafiq' was simply trying to walk off with millions of dollars from Singapore. HSI’s El Dorado Task Force and our partners will continue to work tirelessly to identify, investigate, arrest and prosecute individuals, like Rafiq, who allegedly peddled too good to be true financial opportunities within the U.S. financial markets. Investors should be reminded that unbelievable investment prospects are sometimes just that.”
USPIS Inspector-in-Charge Phillip R, Bartlett said: “Mr. Rafiq’s alleged scheme is all based on the alleged perfect opportunity for ‘stock’ in a well-known company. The opportunity to own prominent holdings would be a boon to any investor, but in this case there was no stock, just a made up investment scheme to enrich an alleged serial fraudster. Through the collaboration of law enforcement, both domestically and globally, Mr. Rafiq will once again answer for his crimes to defraud investors. A reminder that no one eludes justice forever.”
NYPD Commissioner Dermot Shea said: “As alleged in this complaint, Shamoon Rafiq preyed on the hopes of innocent victims in elaborate financial swindles. But the joint work of our NYPD investigators and law enforcement partners put an end to these alleged crimes and I commend the United States Attorney’s Office in the Southern District of New York for bringing this important case.”
If you believe you are a victim of a fraudulent pre-IPO stock scheme perpetrated by SHAMOON RAFIQ or have information about the crimes charged in the Complaint, please call the United States Attorney’s Office at 866-874-8900.
According to the allegations in the Complaint unsealed today in Manhattan federal court:[1]
SHAMOON RAFIQ, a/k/a “Shamoon Omer Rafiq,” a/k/a “Omar Rafiq,” a/k/a “Omer Rafiq,” was born in the Netherlands in 1973 and presently resides in Singapore. RAFIQ was convicted in 2004 in the United States District Court for the Eastern District of New York for carrying out a wire fraud scheme in which he purported to sell pre-IPO stock in a privately held company that had not yet conducted its initial public offering when, in fact, RAFIQ did not own or have access to such stock. After serving a 41-month federal prison sentence for that crime, RAFIQ was deported from the United States and eventually relocated to Singapore.
Since at least July 2020, RAFIQ has been engaging in a new scheme from Singapore to defraud victims into paying him millions of dollars for alleged investment interests in various pre-IPO stocks that he does not actually own or control.
In connection with his new fraud scheme, RAFIQ has fraudulently impersonated two senior officials (“Victim-1” and “Victim-2”) of a prominent family office investment firm (“FamCap”) that manages and invests assets of members of a prominent billionaire family (the “Family”). In July 2020, RAFIQ caused the creation of a fake FamCap website (the “Fake FamCap Website”) that has automatically routed users to the official FamCap website, and the creation of fake FamCap email addresses for Victim-1 and Victim-2 that closely resemble, but are slightly different from, their official FamCap email addresses (the “Fake FamCap Email Addresses”). The Fake FamCap Website and Fake FamCap Email Addresses for Victim-1 and Victim-2 were created without their or FamCap’s consent. The Fake FamCap Email Addresses also included the names of Victim-1 and Victim-2 without their authorization.
In July 2020, RAFIQ began soliciting millions of dollars from investment firms in New York and elsewhere based on false claims that in exchange for their funds, he would sell them investment interests in a purported special purpose investment vehicle called “[Fam] Capital Technology Fund, LLC” that was supposedly managed by FamCap and allegedly owned pre-IPO stock in Airbnb, Inc., among other companies. For example, as part of this fraudulent scheme, RAFIQ deceived an investment firm based in New York, New York (the “New York Firm”), and one of the firm’s foreign institutional clients (the “Client”) into making agreements under which the Client wired about $9 million in mid-August 2020 into an escrow account in New York for anticipated release to a bank account in Singapore to pay RAFIQ for his purported sale of investment interests in the LLC.
In soliciting this $9 million investment, RAFIQ made a variety of false representations, including the following:
- RAFIQ falsely claimed that the LLC was managed by FamCap. In fact, the LLC never existed.
- RAFIQ falsely claimed that the LLC owned pre-IPO shares of Airbnb. In fact, the LLC did not own and could not have owned such stock because the LLC never existed.
- RAFIQ falsely claimed that Victim-1 and Victim-2 had approved of his sale of his alleged interests in the LLC. In fact, Victim-1 and Victim-2 do not know RAFIQ and have confirmed that FamCap was never involved in or approved of any such transaction.
During and to further the goals of this fraudulent scheme, RAFIQ also caused the creation and transmission of emails from the Fake FamCap Email Addresses and fake contracts and deal documents purporting to have been signed by Victim-1 or Victim-2 on behalf of FamCap that neither of them approved. For example, in August 2020, during the course of email communications with the New York Firm and Client concerning RAFIQ’s alleged sale to them of his purported interests in an alleged FamCap-managed LLC that supposedly held Airbnb shares, RAFIQ copied into the email chain the Fake FamCap Email Addresses to create the false impression that FamCap was involved in and approved of the alleged transaction.
In a separate parallel enforcement action, the United States Securities and Exchange Commission (the “SEC”) has filed civil charges against RAFIQ.
RAFIQ, 47, is a resident of Singapore and a citizen of the Netherlands. RAFIQ has been charged in a three-count Complaint with one count of securities fraud, which carries a maximum potential sentence of 20 years in prison; one count of wire fraud, which carries a maximum potential sentence of 20 years in prison; and one count of aggravated identity theft, which carries a mandatory prison sentence of two years that must be imposed to run consecutively to any other terms of imprisonment. In addition to potential prison sentences, each of these charges also carries potential financial penalties. The maximum potential prison sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
RAFIQ remains at large. The United States looks forward to working with our foreign partners to bring RAFIQ to justice.
Ms. Strauss praised the investigative work of HSI, USPIS, the NYPD and the New York City Sheriff’s Office, and she also thanked the SEC, which conducted a separate parallel investigation, for its assistance.
The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Joint Statement from Reps. Ocasio-Cortez, Bowman on New York State Leadership
295 Days and Counting
Thursday, March 11, 2021
Zurich’s Oldest Private Bank Admits To Helping U.S. Taxpayers Hide Offshore Accounts From IRS
Rahn+Bodmer Enters into Deferred Prosecution Agreement for Criminal Misconduct; Agrees to Pay $22 Million
Audrey Strauss, United States Attorney for the Southern District of New York, Stuart M. Goldberg, Acting Deputy Assistant Attorney General for the Department of Justice’s Tax Division, and James C. Lee, Chief of the Internal Revenue Service-Criminal Investigation (“IRS-CI”), announced the filing of a criminal Information against RAHN+BODMER CO. (“R+B”), a financial institution located in Zurich, Switzerland. The Information charges R+B with one count of conspiring to help U.S. accountholders evade their U.S. tax obligations, file false federal tax returns, and otherwise defraud the Internal Revenue Service (“IRS”) by hiding hundreds of millions of dollars in offshore bank accounts at R+B.
Ms. Strauss, Mr. Goldberg, and Mr. Lee also announced a deferred prosecution agreement with R+B (the “Agreement”), under which R+B admits to its unlawful conduct in assisting U.S. accountholders in violating their legal duties. R+B’s admissions are contained in a detailed Statement of Facts attached to the Agreement. The Agreement requires R+B to provide ongoing assistance to the Department of Justice and to pay a total of $22 million in restitution, forfeiture, and penalties. If R+B abides by all of the terms of the Agreement, the Government will defer prosecution on the Information for three years and then seek to dismiss the charge.
Manhattan U.S. Attorney Audrey Strauss said: “As Rahn+Bodmer now admits, it aided U.S. taxpayers in evading their tax responsibilities to the tune of more than $16 million. This venerated banking institution knowingly offered banking services that assisted its U.S. customers in evading their tax obligations, and affirmatively schemed to conceal from the IRS the assets and income of U.S. accountholders. Now Rahn+Bodmer will pay $22 million and commit to helping the Justice Department uncover tax evasion by U.S. customers.”
Acting Deputy Assistant Attorney General Stuart M. Goldberg said: “Under today’s resolution, Rahm+Bodmer is paying $22 million for helping U.S. accountholders evade their taxes, and has agreed to fully cooperate with investigations into those taxpayers. With the April 15 tax filing date fast approaching, there is a clear message for those intending not to pay their fair share – nothing remains hidden forever.”
IRS-CI Chief James C. Lee said: “Through a years-long scheme, the R+B bank hid the assets of U.S. accountholders to shield them from their tax obligations. Today’s admission and agreement provide a clear path to recovery of funds owed to the U.S. government, and sends a strong signal that offshore accounts are not beyond the reach of special agents with IRS CI.”
According to the Agreement, the accompanying Statement of Facts, and other documents filed today in Manhattan federal court:
From at least in or about 2004 and continuing until at least in or about 2012, R+B conspired with certain of its U.S. accountholders and others to defraud the United States with respect to taxes, file false federal tax returns, and commit tax evasion. R+B’s bankers assisted U.S. accountholders in concealing their ownership and control of assets and funds held in undeclared R+B accounts, which enabled those U.S. accountholders to evade their U.S. tax obligations. R+B admitted to holding undeclared accounts on behalf of approximately 340 U.S. taxpayers, who collectively evaded approximately $16.4 million in U.S. taxes between in or about 2004 and in or about 2012. The assets under management that R+B held for undeclared U.S. accountholders increased from approximately $391 million in 2004 to approximately $550 million in 2007, its peak year for undeclared assets under management.
In furtherance of the scheme to help U.S. taxpayers hide assets from the IRS and evade taxes, R+B undertook the following actions, among others:
- R+B opened “numbered” or “pseudonym” accounts for U.S. accountholders in order to reduce the risk that U.S. tax authorities would learn their identities.
- R+B opened and maintained accounts for U.S. accountholders in the names of non-U.S. corporations, foundations, trusts, or other legal entities, thereby helping U.S. taxpayers conceal their beneficial ownership of the accounts.
- R+B agreed to hold bank statements and other account-related mail in Switzerland, rather than send them to the U.S. accountholders in the United States, which helped ensure that documents reflecting the existence of the accounts remained outside the United States and beyond the reach of U.S. tax authorities.
- After Liechtenstein and the United States signed a Tax Information Exchange Treaty in December 2008, R+B transferred the undeclared assets of certain U.S. taxpayers from accounts held in the names of sham foundations organized under the laws of Liechtenstein to new accounts held in the names of new sham foundations organized under the laws of Panama, in an effort to further conceal the accounts from U.S. tax authorities.
- R+B allowed U.S. accountholders and third-party asset managers to make withdrawals by check from undeclared accounts in amounts of less than $10,000, in an apparent attempt to conceal transactions from U.S. authorities.
- On occasion, R+B opened accounts for U.S. taxpayers who were exiting UBS AG and other Swiss banks, and allowed these U.S. taxpayers to continue to conceal their undeclared assets at R+B. R+B additionally opened “escrow” accounts on behalf of a Swiss attorney to facilitate the transfer of undeclared assets of U.S. accountholders that had been converted to gold and other precious metals held in a vault at UBS.
- R+B helped U.S. accountholders to repatriate funds to the United States in a manner designed to ensure that U.S. tax authorities did not discover the undeclared accounts, including by transferring the funds of one U.S. accountholder in increments of approximately $100,000 to another Swiss bank before the U.S. accountholder routed the funds to a diamond dealer in Manhattan, where the U.S. accountholder ultimately received them.
- R+B, through its bankers, made regular visits to the United States to solicit, open, and service undeclared accounts of U.S taxpayers.
Under today’s resolution, R+B is required to cooperate fully with the Department of Justice and affirmatively disclose new information it may later uncover regarding U.S.-related accounts. R+B is also required to disclose information consistent with the Department’s Swiss Bank Program relating to accounts closed between January 1, 2009, and December 31, 2019.
As part of the resolution, R+B will pay a total of $22 million, which has three parts. First, R+B has agreed to pay $4.9 million in restitution to the IRS, which represents the estimated unpaid taxes resulting from R+B’s participation in the conspiracy. Second, R+B has agreed to forfeit $9.7 million to the United States, which represents the approximate gross fees that R+B earned on its undeclared U.S.-related accounts between 2004 and 2012. Finally, R+B has agreed to pay a penalty of $7.4 million. The penalty takes into consideration that R+B conducted a thorough internal investigation and provided a substantial volume of documents to the Department, as well as implemented remedial measures to protect against the use of its services for tax evasion in the future.
Ms. Strauss and Mr. Goldberg praised the outstanding work of IRS-CI. Ms. Strauss also thanked the Department of Justice’s Tax Division for their partnership on this case.