Wednesday, April 7, 2021

President Of New York-Based Company Arrested For Conspiring To Violate U.S. Sanctions Against Iran

 

Michael Rose Allegedly Sold More Than $350,000 in Goods to an Iranian Importer in Violation of U.S. Sanctions and Allegedly Committed Related Money Laundering and Bank Fraud Crimes

 Audrey Strauss, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Jonathan Carson, Special Agent in Charge of the New York Field Office of the U.S. Department of Commerce, Office of Export Enforcement (“DOC-OEE”), announced today the unsealing of charges against MICHAEL ROSE for conspiring to violate the International Emergency Economic Powers Act (“IEEPA”), and participating in bank fraud and money laundering conspiracies.  ROSE was arrested by the FBI and OEE today, and he will be presented later today in Manhattan federal court before United States Magistrate Judge Stewart D. Aaron.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Michael Rose participated in a years-long scheme to violate our sanctions by surreptitiously exporting cosmetics to Iran via front company intermediaries in the Middle East.  Today’s charges underscore that those who violate our sanctions on Iran will be investigated and prosecuted.” 

FBI Assistant Director William F. Sweeney Jr. said:  “Whatever his motivation – greed or something more sinister – we allege Mr. Rose intentionally disguised his products’ ultimate destination and lied about those products’ prices to limit his customs liability.  It’s a federal crime to violate sanctions the United States put in place to protect our national interests from Iran and other designated nation states.  Mr. Rose may have thought the rules didn’t apply to him, but, if he did, today’s action demonstrates otherwise.”

DOC-OEE Special Agent in Charge Jonathan Carson said:  “The Office of Export Enforcement will vigorously enforce sanctions violations involving Iran, including actions by exporters to undermine the integrity of our export control system through the submission of false or misleading information.  The Office of Export Enforcement will continue applying the investigative resources and authorities necessary to protect and promote U.S. national security, foreign policy, and economic interests.”

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

MICHAEL ROSE is the president of a Long Island-based cosmetics manufacturer and supplier (“Company-1”).  In that role, ROSE manages, among other things, Company-1’s operations and its international sales business.  Between 2015 and 2018, ROSE participated in a conspiracy to evade U.S. sanctions on Iran by causing Company-1 to export from the United States more than $350,000 worth of cosmetics to an importer in Iran (“Importer-1”).  In or about June 2015, ROSE signed a contract with Importer-1 establishing that Importer-1’s Iran-based company would be the exclusive distributor for Company-1’s products in Iran.  Importer-1 then used front companies based outside Iran to make payments to Company-1 in New York and to arrange for the transshipment of Company-1’s goods to Iran via the United Arab Emirates.  In addition to shipping goods and accepting payments in violation of U.S. sanctions, ROSE also filed false and misleading information on United States Department of Commerce Shipper’s Export Declaration forms in connection with the illegal shipments.  The forms falsely represented that the “ultimate consignee” for the goods was in the United Arab Emirates, not Iran, and also falsely lowered the purchase price for the goods purchased by Importer-1 in order to evade customs payments.

ROSE, 50, of Ridgefield, Connecticut, is charged in the Indictment with (1) conspiring to violate IEEPA, in violation of 50 U.S.C. § 1705, which carries a maximum sentence of 20 years in prison; (2) conspiring to launder money, in violation of 18 U.S.C. § 1956(h), which carries a maximum sentence of 20 years in prison; and (3) conspiring to commit bank fraud, in violation of 18 U.S.C. § 1349, which carries a maximum sentence of 30 years in prison.  The statutory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Ms. Strauss praised the outstanding efforts of the FBI and the Department of Commerce’s Bureau of Industry and Security (“BIS”) for their assistance.

The charges contained in the Indictment are merely accusations and the defendant is 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.

Governor Cuomo Updates New Yorkers on State Vaccination Program

 

206,178 Doses Administered in the Last 24 Hours

More than 1.4 Million Doses Administered Over Past Seven Days   

More Than 1 in 3 New Yorkers Have Received at Least One Dose   

More Than 1 in 5 Are Now Fully Vaccinated     

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. 206,178 doses have been administered across the state's vast distribution network in the last 24 hours, and more than 1.4 million doses have been administered over the past seven days.

"New York is increasing its testing, increasing its vaccination efforts and making sure vaccines are available, free and equitable. Today, every New Yorker 16 and older is eligible for a vaccine," Governor Cuomo said. "Our ongoing goals are getting the supply from Washington, having the distribution network and then convincing New Yorkers of the need to roll up their sleeves and get vaccinated. We've set up mass vaccination sites across the state to distribute the vaccine efficiently, but we also want to make sure the process is equitable, so we've set up smaller sites in nursing homes, public housing, communities of color, and houses of worship. New York is reaching the point where the tall straw is going to be getting New Yorkers to step up, make the appointment and understand that everybody has to get vaccinated to reach herd immunity. This is safe - over 10 million New Yorkers have taken the vaccine - and it's your citizen duty to take the vaccine."

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 11 AM today is as follows.                                   

STATEWIDE BREAKDOWN
Total doses administered - 10,869,300
Total doses administered over past 24 hours - 206,178
Total doses administered over past 7 days - 1,447,349
Percent of New Yorkers with at least one vaccine dose - 34.4%
Percent of New Yorkers with completed vaccine series - 21.7% 

BRONX MAN INDICTED FOR STABBING HIS SIX-YEAR-OLD QUADRIPLEGIC SON AND FOR ASSAULTING TEEN GIR

 

Defendant Barricaded Himself, Teen and Son When Police Arrived

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for stabbing his six-year-old son and for assaulting a 16-year-old girl, and for keeping them hostage in his apartment. 

 District Attorney Clark said, “The defendant allegedly punched a teen girl and stabbed his own defenseless son, who is quadriplegic. The defendant also allegedly refused to let the victim and child leave his apartment when police arrived. Thankfully the boy survived but required surgery and is still hospitalized.” 

 District Attorney Clark said the defendant, Tyree Scott, 29, of 944 Rogers Place, was arraigned today on Attempted Murder in the second degree, first-degree Assault, three counts of second-degree Assault, fourth-degree Criminal Possession of a Weapon, second-degree Unlawful Imprisonment, third-degree Assault and two-counts of Endangering the Welfare of a Child before Bronx Supreme Court Justice Efrain Alvarado. Bail was set at $500,000 cash/bond and the defendant is due back in court on May 17, 2021.

 According to the investigation, at about 5:00 p.m. on February 1, 2021, the defendant was allegedly smoking marijuana and drinking with a 16-year-old girl in his apartment and refused to let her leave for the night. The next day, when the victim woke up, the defendant again refused to let her leave. Scott allegedly punched the teen multiple times in the head and the victim called 911. When police officers arrived, Scott allegedly refused to let them in and barricaded himself with the teen and his son. The defendant then allegedly stabbed his son multiple times with a screwdriver, piercing his heart. Cops were able to break into the apartment and placed him under arrest. The child was taken to Harlem Hospital in critical condition. He underwent surgery to repair the penetration of his heart and also received infusions.

 District Attorney Clark also thanked NYPD Detective Alyssa Petrucelli of the 41st Precinct and NYPD Detective Collin Higgins of Bronx Homicide.

 An indictment is an accusatory instrument and not proof of a defendant’s guilt.

State Senator Gustavo Rivera Statement on the 2021-2022 New York State Budget

 

GOVERNMENT HEADER

“Despite the strained financial reality that New York is facing, the Senate Majority, under the leadership of Majority Leader Andrea Stewart-Cousins, will deliver an incredibly robust, progressive budget that will provide New Yorkers with the resources and services needed as we continue our road to recovery from the devastation caused by the COVID-19 pandemic.


In my ten years as a legislator, I can attest that the budget negotiations were always inextricably centered around the Governor’s priorities, rather than those of New Yorkers. This year, we were able to push back on some of the most damaging measures through a more balanced level of input from the legislature. As the Senate concludes voting on the budget and the Assembly takes up the final budget bills, I look forward to continued victories by the Legislature through the remainder of this year's legislative session. I am proud to have voted for every one of the bills in the 2021-22 Budget.”

Health

“As Chair of the Senate Health Committee, I am proud that we restored potentially devastating Medicaid cuts to hospitals, long-term care facilities, and other Medicaid-supported programs. As I have said on multiple occasions, our communities cannot afford cuts to a program as vital as Medicaid and other critically important health services. It is our responsibility to keep moving forward and ensure that every New Yorker receives quality and affordable healthcare.

Within this budget, we continued our efforts to regulate and reform our State’s nursing homes by including a measure that will require them to spend at least 70% of their revenue on direct patient care in an effort to improve the quality of care and safety of their residents and workers. Further, we will delay by two years the implementation of the Medicaid pharmacy carve out on the 340B program for already financially burdened Federally Qualified Health Centers and safety net providers. We also enhance New York’s health plan marketplace to expand healthcare coverage for uninsured new mothers.”

Highlights of the 2021-2022 Health and Mental Hygiene Budget Section:

  • Restores $180.5 million in Medicaid cuts to hospitals, $74.25 million to long-term care, $60 million to mainstream managed care, and millions more to various other Medicaid-supported programs.

  • Protects the financial viability of federally qualified health centers and safety net providers who provide comprehensive, wraparound health services to vulnerable populations through preservation of the 340B program by delaying the pharmacy benefit carve out from Medicaid Managed Care for two years.

  • Restores many of the harmful public health cuts proposed by the Executive, including but not limited to money specific to New York City for public health works, rural health, and healthcare workforce.

  • Provides nearly $2 billion for minimum wage increases for healthcare workers who provide Medicaid services.

  • Eliminates premiums for Essential Plan coverage for more than 400,000 New Yorkers and expects to cover an additional 100,000 enrollees who are currently uninsured, including eliminating premiums for dental and vision coverage.

  • Requires the Department of Health to meet enhanced reporting requirements on the programs included under the Medicaid Global Cap.

  • Includes nursing home reforms to address the percentage of revenue that a facility must spend on direct patient care as well as staffing.

  • Provides $64 million for acute care facilities and nursing homes to increase nurse staffing levels to provide better quality of care for nursing home patients.

  • Requires that the state revisit the fiscal intermediaries allowed to administer the Consumer Directed Personal Assistance Program (CDPAP) to ensure geographic diversity and to give preferences to those serving individuals with developmental disabilities as well as religious, racial, and ethnic minorities.

  • Expands eligibility for the Silver Plan on the New York State Health Plan Marketplace to extend coverage for new mothers from 60 days to a year after they give birth who would otherwise not be able to afford coverage.

Senate District 33

“One of the most important parts of my job as a legislator is to support and uplift those organizations who are tirelessly serving the people of the 33rd Senate District in the Bronx. I’m proud to announce that this budget includes millions of dollars in funding for local nonprofits, small business, internet access expansion, and many more programs that will aid our community in the Bronx directly."

The direct relief in this year’s budget includes:

  • At least $650,000 for local organizations in Senate District 33, including senior centers, community centers, free legal service providers, and community health centers.

  • Continuing $108 million for the development of the Kingsbridge Armory.

  • $800 million for the Small Business Recovery Grant Program with $300 million allocated to businesses of 100 or fewer employees that did not get any federal help.

  • Mandating all internet service providers to offer high speed internet for low-income consumers by expanding the eligibility criteria.

  • $2.4 billion for a Covid-19 Emergency Rental Assistance Program for any eligible household that pays 30% or more of their income towards rent to receive up to 12 months of rental and utility arrears and 3 months of prospective rent assistance.

Revenue

“Billionaires, millionaires, and large corporations in our State have gotten richer during the COVID-19 pandemic while many working class New Yorkers and small businesses are struggling to get by. That’s why we fought hard to include in this budget a series of progressive taxes that will raise approximately $4.5 billion in revenue to fund programs and services that New Yorkers rely on and need to recover from the pandemic and economic turmoil of the past year.

Despite a number of opposing voices, the Legislature reached an agreement that will create a first-in-the-nation $2.1 billion Excluded Workers Fund to provide emergency income assistance to eligible undocumented New Yorkers who have not had access to any government relief in over a year. These essential workers deserve at least this level of support in the same way they have supported New York during this unprecedented time.”

Additional highlights include:

  • Increases the current top state personal income tax rate of 8.82% rate to 9.65% for individual filers whose income is over $1 million and joint filers over $2 million.

  • Establishes two new brackets at a rate of 10.30% for those whose income is between $5 million and $25 million and 10.90% for those whose income is over $25 million.

  • Delivers $440 million in property tax relief for 1.3 million New Yorkers earning under $250,000. The income tax credits will range between $250 and $350.

Education

“It is our responsibility to provide our children with the resources they need to have the quality education they deserve. For decades, parents and advocates have fiercely demanded equitable and full funding of all schools across our State, especially those in underserved, high-need communities, like the ones I represent.

I can proudly say this budget will provide a three-year phase-in of Foundation Aid, ensuring that all districts receive their full Foundation Aid by the 2023-24 school year. This budget also makes a significant investment in making higher education more financially accessible.”

Additional highlights include:

  • $1.4 billion increase in Foundation Aid and a three-year Foundation Aid phase-in that will finally fulfill the State’s commitments under the Campaign for Fiscal Equity.

  • Increases the maximum award under the Tuition Assistance Program (TAP) by $500 to assist the neediest students and eliminate the TAP Gap in four years.

  • Restores $72 million of the Governor’s proposed operating aid cuts to SUNY and CUNY.

EDITOR'S NOTE:

Senator Gustavo Rivera you have put out an open challenge to any reporter to have a discussion with you. I have accepted your challenge one week ago, but have not heard back from your office on this. 

When you were in Norwood with Senator Biaggi chanting no outside money in Bronx elections I was able to speak to you for a few seconds afterwards since the Mino Lora campaign (the Working Families Party) would not take any questions at a press conference, about the over $250,000.00 of outside money you received when you were running for office in the Bronx. Your answer was that he money did not go to you as a candidate, but was in a PAC. I replied so is this outside money going to PACs and not candidates, when you left. 

I am waiting for you response to my acceptance of your challenge, and now that the state budget talks are over you should have plenty of time to talk to reporters. We can continue our conversation on that and your comments about Bronx Borough President candidate current Councilman Fernando Cabrera, and who is you choice for Bronx Borough President and why?

RECOVERY FOR ALL: MAYOR DE BLASIO ANNOUNCES NEW YORK CITY’S PUBLIC BEACHES AND POOLS TO OPEN ON TIME FOR SWIMMING THIS YEAR

 

Beaches to open to the public Memorial Day Weekend; Pools to open after last day of school



Orchard Beach, The French Rivera of the Bronx. 

 Mayor Bill de Blasio today announced that the City’s outdoor pools and eight public beaches will open on time for the season. Beaches will open on Memorial Day Weekend on Saturday, May 29, and outdoor pools across the city will open the day after the last day of school on Saturday, June 26. Openings will follow heath guidance on COVID and safety protocols.

 

“Summer is right around the corner, and we’re gearing up for an on-time pool and beach season,” said Mayor Bill de Blasio. “These beautiful outdoor spaces mean so much to New Yorkers, especially after the year we’ve all had. We’ll continue to follow health guidance to ensure the safety of everyone. Stay cool, stay safe and have fun!”

 

“Get ready to make a splash this summer, New York! After last year’s unprecedented challenges, we are so excited to announce that our outdoor pools and beaches will be opening on time this season,” said NYC Parks Commissioner Mitchell J. Silver, FAICP.  “We want all New Yorkers to stay cool while keeping safety first. Remember to only enter the water in designated areas during lifeguard hours and continue following health and safety guidelines.”

 

Beaches

 

City beaches span a total of 14 miles and include Orchard Beach in the Bronx; Coney Island and Manhattan Beach in Brooklyn; Rockaway Beach in Queens; and Midland Beach, South Beach, Cedar Grove Beach, and Wolfe's Pond Park Beach on Staten Island. Starting Memorial Day Weekend, lifeguards will be on duty daily from 10:00 a.m. to 6:00 p.m. Swimming is unsafe and strictly prohibited at all other times. 

 

Water safety is a top priority for NYC Parks and it urges New Yorkers – regardless of swimming ability – to be cautious and alert in and around water bodies. Beachgoers must follow all directions and safety guidelines from Parks staff and posted beach signage. 

 

Pools

 

On June 26, NYC Parks plans to open outdoor pools in all five boroughs, welcoming pool goers from across the city. All standard pool protocols will apply, and open swim hours will remain the same: 11:00 a.m. to 3:00 p.m., and 4:00 to 7:00 p.m. Five of the City’s 53 outdoor pools will be closed due to active reconstruction projects.

 

Additional details on health and safety protocols will be shared in the coming weeks. For more information on pools and beaches this summer, visit nyc.gov/parks. 


"It's great to know that our public beaches and pools will open on time.  The past year has been extremely stressful.  New Yorkers, especially those in black and brown communities, have had myriad challenges added to already often difficult living situations because of the COVID-19 pandemic.  Being able to get outside, be in sunlight, swim and just enjoy the beach or a pool is good for both physical and mental health.  Here in the Bronx, the opening of Orchard Beach, which draws people from all parts of the borough is especially welcome news," said Council Member Fernando Cabrera.


270 Days and Counting

 


We are waiting for al that state money now that they have finally come to an agreement, (and a late one) on the state budget. When all that Biden federal aid come in, Charline and I will pack our suitcases as we walk out the door. Thank you President Biden. Gee I wonder who President Harris is going to choose as a Vice-President next year when Joe steps down? I should give her a call.

STATEMENT FROM EXECUTIVE DIRECTOR HENRY GARRIDO ON INCLUSION OF EARLY RETIREMENT INCENTIVE IN STATE BUDGET


 “The brothers and sisters that make up District Council 37 are the unsung heroes of New York City. This last year, while many worked comfortably from home, DC 37 members kept the hospitals clean, watched your children in day care, and ensured the parks were safe so that New Yorkers could socialize outdoors. Many have kept this city running for decades. After their tireless dedication and round-the-clock essential services, it is not only fair, but also just, that they be allowed to retire early rather than face potential layoffs. I commend Governor Cuomo, Senate Majority Leader Stewart-Cousins and Assembly Speaker Heastie for putting working people first and thanking them for their sacrifice with action, not just words.”

Tuesday, April 6, 2021

Queens Man Charged For Defrauding Government Rental Assistance Programs By Renting Out Dilapidated Apartments He Did Not Own To Families In Need

 

 Audrey Strauss, United States Attorney for the Southern District of New York, and Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), announced today the unsealing of a Complaint charging PAUL FISHBEIN, the defendant, with theft of government funds, wire fraud, and mail fraud for defrauding rental assistance programs administered by New York City’s Human Resources Administration (“HRA”), New York City’s Housing Preservation & Development (“HPD”), and the New York City Housing Authority (“NYCHA”), by falsely claiming to be the owner and landlord of 20 properties (the “Properties”) in New York City, renting out the Properties to families in need through the rental assistance programs, and collecting money – including federal funds – from HRA, HPD, and NYCHA as the purported owner and landlord of the Properties.  The defendant is also charged with Medicaid fraud.  The defendant was arrested today and will be presented later today in Manhattan federal court before United States Magistrate Judge Stewart D. Aaron.

U.S. Attorney Audrey Strauss said:  “As alleged, Paul Fishbein not only took advantage of New Yorkers in need, he also defrauded city and federal government programs designed to help those very people.  Fishbein allegedly lied about ownership of residential properties, fraudulently took rent subsidies and other benefits from those government housing programs, and often evicted tenants without cause from housing that was substandard in any event.  Now Paul Fishbein is in custody and facing serious federal charges for his alleged fraud and exploitation.”

DOI Commissioner Margaret Garnett said:  “This defendant’s alleged conduct wove a web of lies that allowed him to illegally profit from government programs meant to help those in desperate need of housing, and he further exploited them by providing squalid apartments in properties he did not rightly own, often evicting them shortly after they moved in, according to the charges.  Homeless New Yorkers, and others in critical need of housing, not only have a need but a right to homes that are clean, safe, and secure, especially when they are offered through public assistance programs.  DOI will continue to work in partnership with the U.S. Attorney’s Office for the Southern District of New York to root out and stop the corruption and fraud that undermines basic needs such as housing.”

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

The Rental Assistance Program Fraud 

The Rental Assistance Programs

HRA, HPD, and NYCHA (collectively, the “Agencies”) each offer a rental subsidy program that helps provide critical affordable housing to New Yorkers in need.  Landlords who participate in these programs receive guaranteed monthly rent payments, among other benefits.  Rental units must meet federal “Housing Quality Standards,” which are based on the minimum criteria for safe housing, and otherwise meet basic safety and living conditions.

Specifically, HRA administers a rental assistance program (the “Rental Assistance Program”) that helps homeless families move out of the shelter system and into stable housing.  Landlords who participate in the Rental Assistance Program rent housing to homeless families, and in turn, HRA pays participating landlords, among other things, (i) the first month’s rent; (ii) a landlord bonus at signing, which is currently $4,300; and (iii) a rent supplement for either the first three or 11 months’ rent, which is paid in a lump sum at the time of the lease.  In addition, if a landlord uses the services of a broker in renting out the property, HRA will pay the broker a broker’s fee equal to 15 percent of the annual rent.  These and other program-related payments from HRA to participating landlords and brokers include funds from the federal government.  

HPD offers a Housing Choice Voucher program, which is also known as Section 8 (“HPD’s Section 8 Housing Program”).  This program provides federal funding to local housing agencies to assist eligible low-income families with rental subsidies toward decent, safe, and affordable housing.  Participating families pay a certain percentage of their income toward rent and HPD pays the difference directly to the landlord.

NYCHA also operates a Section 8 program (“NYCHA’s Section 8 Housing Program”), which provides assistance to eligible low- and moderate-income families to rent housing in the private market.  NYCHA’s Section 8 Housing Program works as a rental subsidy that allows families to pay a reasonable amount of their income toward their rent.  In general, families pay no more than 40 percent of their adjusted monthly income toward their rent share.  NYCHA pays the remaining amount to the property owner on the family’s behalf.

The Housing Fraud

In this case, from at least in or about 2013 through at least in or about the present, the defendant defrauded the Agencies’ rental assistance programs by falsely claiming to be the owner and landlord of 20 different Properties in New York City based on forged deeds that purported to transfer the Properties from legitimate owners to the defendant.  The defendant rented out the Properties to homeless and low/moderate-income families through the Agencies’ programs, and collected payments from the Agencies as the purported owner and landlord of the Properties.  In addition, the defendant falsely represented to HRA that he used a broker to rent out the Properties, and collected and kept for himself certain broker’s fees that HRA issued for the Properties.  The defendant also took advantage of the homeless and in-need families who were placed in the Properties.  For example, most of the Properties that Fishbein rented out were dilapidated and uninhabitable.  Moreover, even though he was not the lawful owner of the Properties, the defendant often evicted families shortly after they were placed in the Properties.  Through this scheme, the defendant fraudulently obtained more than $1.5 million from HRA, HPD, and NYCHA, including more than $270,000 in federal funds.

The Medicaid Fraud

The defendant also committed Medicaid fraud.  Medicaid is a health insurance program for low-income adults, children, pregnant women, elderly adults, and people with disabilities, which is funded jointly by states and the federal government.   

From at least in or about 2014 through at least in or about the present, the defendant received Medicaid benefits based on his false representations to HRA that he was financially eligible for Medicaid.  During that time, the defendant represented to HRA that he worked at a company where his total income was approximately $150 a week – that is, approximately $600 a month or approximately $7,200 a year.  In reality, the defendant made hundreds of thousands of dollars each year, thus, far exceeding the income and asset limitations for Medicaid eligibility.  By lying about his income and assets, the defendant received at least approximately $47,621 in Medicaid benefits to which he was not entitled.

FISHBEIN, 47, of Far Rockaway, New York, is charged with two counts of theft of government funds, in violation of Title 18, United States Code, Section 641, each of which carries a maximum sentence of 10 years in prison, one count of mail fraud, in violation of Title 18, United States Code, Section 1341, and one count of wire fraud, in violation of Title 18, United States Code, Section 1343, each of which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Ms. Strauss praised the outstanding investigative work of DOI. 

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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