Disbarred Attorney Sentenced To 51 Months In Prison For Stealing 9/11 Victim Compensation Funds

 

 Audrey Strauss, United States Attorney for the Southern District of New York, announced that GUSTAVO L. VILA, a disbarred lawyer in New York, was sentenced today in White Plains federal court to 51 months in prison for stealing approximately $1 million that the Department of Justice’s 9/11 Victim Compensation Fund (“VCF”) had awarded to VILA’s client, a 9/11 first responder.  VILA pled guilty on October 29, 2020, before U.S. District Judge Vincent L. Briccetti, who also imposed today’s sentence.

U.S. Attorney Audrey Strauss said:  “Gustavo Vila stole money awarded by the 9/11 Victim Compensation Fund to his client, an NYPD officer and 9/11 first responder.  Further, Vila lied to his client for more than three years, telling him that the stolen money had yet to be released by the Fund.  Now Gustavo Vila has been sentenced to prison for his betrayal.”

According to the Complaint, the Information, and other court filings and statements made in open court:

In the wake of the September 11 terrorist attacks, Congress created the VCF to provide compensation with federal government funds to any individual who suffered physical harm or was killed as a result of the terrorist attacks, or as a result of the debris removal efforts that took place in the immediate aftermath of those attacks.  The original VCF operated from 2001 to 2004.  President Obama and President Trump reactivated the VCF, authorizing it to operate through October 2016, and December 2020, respectively.  Claimants seeking compensation from the VCF were authorized to work with an attorney and have the attorney, on the claimant’s behalf, submit a claim to, and receive the claimant’s award from, the VCF.  An attorney’s fees were limited to 10% of a VCF award.

From at least in or about 2012 through at least in or about 2019, VILA represented a retired New York City Police Department officer (“Victim-1”) in connection with Victim-1’s claim for compensation from VCF.  Victim-1 was diagnosed with, and suffered from, serious, life-threatening medical conditions, including cancer, as a result of rescue and recovery work he performed at Ground Zero.  Throughout his representation of Victim-1, VILA held himself out as an attorney to Victim-1 and to the VCF, despite the fact that in 2015, VILA was disbarred, after being convicted in Westchester County Supreme Court of grand larceny in the third degree, a felony, for stealing funds from another client.  

Despite his disbarment, VILA continued to hold himself out as an attorney to Victim-1 and to the VCF and to represent Victim-1 in connection with his VCF claim.  Victim-1, on VILA’s advice, authorized the VCF to deposit any money it awarded Victim-1 directly into VILA’s bank account.  On or about September 13, 2016, the VCF authorized an award to Victim-1 of $1,030,622.04 for life-threatening illnesses Victim-1 had sustained from rescue and recovery work he performed as a police officer at Ground Zero.  On or about October 12, 2016, the VCF deposited the full amount of Victim-1’s award – mover $1 million – into VILA’s bank account.  At that point, VILA was required to distribute all of that money, less 10 percent for his purported attorney’s fees, to Victim-1.  VILA, however, represented to Victim-1 that the VCF had only released 10 percent of the award, that is, approximately $103,062, which VILA sent Victim-1 on or about October 26, 2016.  That is the only portion of the award that Victim-1 ever received.  VILA stole the remaining 90 percent of the award – approximately $927,559.84 – and used those funds for his own personal benefit, including to pay his own taxes and personal loans.  Over the next three-plus years, VILA continued to lie to Victim-1, repeatedly telling Victim-1 and his family that the VCF had not yet released the full amount of the award, when in fact, the entire award had been released for Victim-1’s benefit in October 2016. 

VILA, 62, of Yorktown Heights, New York, pled guilty to, and was sentenced on, one count of theft of government funds, in violation of Title 18, United States Code, Section 641.  In addition to the 51-month prison term, VILA was sentenced to three years of supervised release and was ordered to forfeit $922,559.84, and to pay restitution to Victim-1 in the amount of $867,870.76.

Ms. Strauss praised the outstanding investigative work of the U.S. Department of Justice Office of the Inspector General's Fraud Detection Office. 

Governor Cuomo Updates New Yorkers on State Vaccination Program

 

131,589 Doses Administered in the Last 24 Hours    

Nearly 1.4 Million Doses Administered Over Past Seven Days    

Vaccine Dashboard Updated Daily 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. 131,589 doses have been administered across the state's vast distribution network in the last 24 hours, and nearly 1.4 million doses have been administered over the past seven days. 

"Our message is simple - get vaccinated. It's the responsible thing to do, and we will continue to be aggressive in stressing this message all across the state," Governor Cuomo said. "Our providers are working nonstop to get more shots into arms quickly and equitably, but they need our cooperation. Getting everyone vaccinated is critical in reopening and rebuilding New York because our progress on vaccinations will have a direct effect on how fast we can continue to reopen sectors of our economy."

New Yorkers can schedule an appointment at a state-run mass vaccination site on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccinefinder.org to find information on vaccine appointments near you. 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.

STATEWIDE BREAKDOWN

Total doses administered - 13,428,920

Total doses administered over past 24 hours - 131,589

Total doses administered over past 7 days - 1,395,107  

Percent of New Yorkers with at least one vaccine dose - 41.7%

Percent of New Yorkers with completed vaccine series - 28.4% 

MAYOR DE BLASIO, SPEAKER JOHNSON AND SCHOOLS CHANCELLOR PORTER ANNOUNCE HISTORIC INVESTMENT TO BRING 100 PERCENT “FAIR STUDENT FUNDING” TO ALL SCHOOLS FOR THE FIRST TIME EVER

 

Builds on $1.6 billion investment in fair student funding during de Blasio administration  

 Mayor Bill de Blasio, Speaker Johnson and Schools Chancellor Porter today announced a historic investment to bring 100 percent “Fair Student Funding” (FSF) for all New York City public schools funded by FSF for the first time ever, starting in the 2021-22 school year.  

  

"A recovery for all of us requires investing in all our children," said Mayor Bill de Blasio. "Fair student funding means more money directly into classrooms serving our students. We know what this funding means: higher graduation rates, lower dropout rates and more students getting into college. I thank Speaker Heastie, Majority Leader Stewart-Cousins and the State Legislature for making this possible, and Speaker Johnson for his partnership."

    

"This is amazing news. The Council has advocated to fully fund our schools for years, including in this year’s budget response. One of our proudest achievements as a body was reaching a deal with the de Blasio administration increase Fair Student Funding by $125 million in Fiscal 2019. This announcement surpasses that historic win, and comes at a crucial time for our students and schools. Now more than ever, we must be laser-focused at ending inequities in our schools, and Fair Student Funding is one of the ways we reach that ambitious goal. I thank the de Blasio administration for working with us to get this done, as well as Assembly Speaker Carl Heastie and Majority Leader Andrea Stewart-Cousins for their efforts to make this happen. Today is a great day!" said Speaker Corey Johnson. 

 

“Achieving one hundred percent fair student funding is a historic and game-changing investment that will further equity across all of our schools and provide greater resources, such as staff, materials, supplies, and more,” said Schools Chancellor Meisha Porter. “I’m so grateful to those who advocated tirelessly for this and as a former Principal, I know how critical this investment will be for our school leaders and their communities .”

 

This investment represents the administration’s commitment to bring all schools to 100 percent FSF once the State met their Campaign for Fiscal Equity (CFE) funding mandate. For decades, the City was short changed over a billion dollars a year in State funding, but funds were included in the State’s recent enacted budget after years of advocacy the de Blasio Administration, the City Council, and in partnership with Majority Leader Stewart-Cousins, Speaker Heastie and members of the State Legislature.

  

FSF is the primary source of funding for individual school budgets. It is driven by equity and specifically drives more resources to schools that serve students with higher needs, such as students requiring academic intervention, students with disabilities, and multilingual learners. Principals can use FSF at their discretion and it is mainly used to hire teachers and staff, as well as to purchase materials and educational resources to support school communities.  

  

This builds on the administration’s unprecedented investments in education and will help ensure every single school has the resources needed to support their students and staff during these challenging times. The FSF “floor” has been continuously raised under this administration, with investments totaling $1.6 billion to raise the FSF floor from 81 percent in 2014 to now 100 percent for the first time ever. More than half of DOE schools have seen additional funding as a result of these investments.   

  

With this new investment, the FSF formula will be fully funded, after years of partial funding for most schools. No school will receive less than the full amount they are entitled to under the FSF formula. At the beginning of the de Blasio administration, some schools received only 81 percent of the amount they were entitled to under the FSF formula. Under this administration, the floor had grown to 90%, with the average school receiving 93% of formula.  This new investment impacts 1,164 schools and over 700,000 students in every borough and community school district.   

  

The previous investments in FSF have supported New York City’s record-high graduation rates, record-low dropout rates, the rise of college enrollment and college readiness rates to all-time highs.   

  

Fair Student Funding is a principal’s most flexible funding source and on average accounts for two-thirds of their total school budget. It is based on simple principles:   

• Allocations to schools should fund students’ classroom instructional needs;   
• Different students have different educational needs, and funding levels should address the cost of those needs as best as possible;   
• School leaders are best positioned to decide how to improve achievement; and   
•  School budgets should be as transparent as possible so that funding decisions are visible for all to see and evaluate.  

  

FSF specifically directs money to needier students. Our school allocation methodology is driven by equity, and the data shows that it’s been successful in advancing it. On average, schools with high concentrations of poverty receive over 20 percent more funding overall than schools with low concentrations of poverty.  

 

“This is an historic day for New York City’s public schools and a tremendous win for students. We applaud the Mayor and Chancellor for finally fully funding our schools so that school leaders and their staff can deliver the high-quality education our students truly deserve. For years, our union has aggressively advocated for funding all schools at 100%, and we thank the City Council for partnering with us in that long, arduous, and persistent fight,” said CSA President Mark Cannizzaro. 

  

Rep. Adriano Espaillat: New York Veterans to Receive $1,400 Payments from American Rescue Plan

 

Representative Says Many New Yorkers Who Receive Veterans’ Benefits and Have Not Yet Received Their Economic Impact Payment Could Expect Electronic Payments to Hit Bank Accounts This Week

 Rep. Adriano Espaillat (NY-13) announced today that many New Yorkers who receive Veterans’ benefits could expect Economic Impact Payments of up to $1,400 hit their bank accounts beginning this week. Many New Yorkers have already received Economic Impact Payments as part of the American Rescue Plan that Rep. Espaillat helped pass.

• The latest round of payments applies specifically to veterans and their beneficiaries who receive Compensation and Pension (C&P) benefit payments and who don’t normally file a tax return.

• Most payments will be automatically deposited into banks accounts or loaded onto the Direct Express cards where veterans receive their benefits. Those waiting on paper checks or debit cards through the mail should expect to receive their payments over the next several days.

• In most cases, these payments are automatic and no action is necessary to receive them. Rep. Espaillat encourages all New Yorkers to use the “Get My Payment” tool from IRS.gov to check the status of their payments and make sure they receive the money they are owed.
  

“Help is here, and we want to make sure that New York veterans get the money that is rightfully theirs,” said Rep. Espaillat. Many New Yorkers have already received their payments. In total, over 80 percent of New York State adults are expected to receive Economic Impact Payments of up to $1,400 per person through the American Rescue Plan that House Democrats and myself helped pass.

 

• How to Check the Status of your Payment: Rep. Espaillat is encouraging New Yorkers to go online and check the status of their payment using the “Get My Payment” tool at: https://www.irs.gov/coronavirus/get-my-payment.

• How Many New Yorkers Will Get Payments: According to the White House, more than 11.3 million adults and 4.4 million children in New York are eligible to receive payments of up to $1,400 per person through the American Rescue Plan that Rep. Espaillat helped pass into law. That means 82 percent of all New York adults and 82 percent of all New York children in the state are set to receive payments.

• Who is Eligible for Payments: The American Rescue Plan that Rep. Espaillat helped pass into law included Economic Impact Payments of up to $1,400 per person. Combined with the $600 down payments enacted in December, these additional checks will finish the job on Democrats’ promise to put $2,000 in Americans’ pockets. Individuals earning up to $75,000 annually, heads of household earning up to $112,500 annually, and couples earning up to $150,000 annually will receive the full $1,400 per person, for themselves and their dependents. After that, the checks begin to phase out, with payments stopping at individuals earning $80,000 in annual income, heads of household earning $120,000 in annual income and married couples earning $160,000 in annual income.

Governor Cuomo Vetoes 36 Legislative Additions to the FY 2022 Enacted Budget

 

 Governor Andrew M. Cuomo today announced the submission of 36 vetoes in accordance with Article VII of the State Constitution, eliminating pages of unnecessary language from the FY 2022 Enacted Budget.

The vetoes include various appropriations pertaining to local assistance, and capital projects. More specifically, 12 appropriations are fully expended, and 6 additional appropriations have minimal spending authority remaining. 13 appropriations are vetoed on constitutional grounds, 4 appropriations are duplicative of other re-appropriations for the same purpose, and one appropriation was previously vetoed.

The full list of vetoes is available here.

258 Days and Counting

 

We are on the road to recovery. I will leave New York City better than It was given to me.

Does anybody want to buy one of our many NYCHA Houses that are up for sale?

Governor Cuomo Updates New Yorkers on State Vaccination Program

175,311 Doses Administered in the Last 24 Hours    

More Than 1.4 Million Doses Administered Over Past Seven Days    

Vaccine Dashboard Updated Daily 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. 175,311 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. The week 18 allocation of 1,538,650 first and second doses is expected to finish arriving today.        

"Our providers are working around the clock to get more shots into arms, and we remain focused on making sure the vaccine distribution is equitable and our vaccination sites are accessible," Governor Cuomo said. "Our progress is strong and steady, but so is the capability of this virus, which is why we cannot afford to lose any of the tremendous progress we've made. We are fortunate to have a trusted partner in the White House that has been instrumental in helping to maintain our vaccination supply here in New York, and if we all continue to get vaccinated and practice safety guidelines, we will defeat this beast once and for all."  

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.

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 - 13,297,331

Total doses administered over past 24 hours - 175,311

Total doses administered over past 7 days - 1,438,340

Percent of New Yorkers with at least one vaccine dose - 41.4%

Percent of New Yorkers with completed vaccine series - 28.1% 

  

Assemblywoman Fernandez Clean Up in Bronx Park East.

Saturday Assemblywoman Nathalia Fernandez spearheaded a clean up of Bronx Park East which had volunteers go out with plastic bags and grabbers to pick up any trash and put it in the bag. 

Over 800 pounds of trash was estimated by the Parks Department to have been collected and hauled away in two Parks Department trucks.