Governor Cuomo Announces Beaches and Pools to Operate with Six-Foot Social Distancing and COVID-19 Indicators May 12, 2021

 

Goal to Reach 100% Capacity by July 4

Hospitalizations Drop to 1,928—First Time Below 2,000 Since November 15; Lowest Since November 14

Statewide Positivity Rate Drops to 1.10%—Lowest Since October 17

Statewide 7-Day Average Positivity Rate Drops to 1.28%—Lowest Since October 23; 37 Straight Days of Decline

New York City Positivity Rate Drops to 0.86%—First Day Under 1% Since October 14

ICU Patients Drop to 463—Lowest Since November 19

Intubations Drop to 270—Lowest Since November 22

26 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today announced that beaches and pools will operate with six-foot social distancing in anticipation of Memorial Day. New York State's goal is to reopen them to 100 percent capacity by July 4.

"All the COVID-19 numbers are trending in the right direction, and as more New Yorkers get vaccinated, it's important not to lose any of the significant progress we've gained. As the numbers go down, we can incrementally reopen the economy, and we're going to allow beaches and pools to operate with six-foot social distancing in time for Memorial Day," Governor Cuomo said. "Our hospitalization rate is below 2,000 for the first time since mid-November and our statewide 7-day average positivity rate has declined for 37 straight days. The infection and hospitalization rates are a function of our actions, and each New Yorker has shown tremendous strength and resilience to get these numbers down. As we get closer and closer to defeating COVID once and for all, everyone must continue to practice the behaviors we know work to slow the spread - washing hands, wearing masks and social distancing."

Today's data is summarized briefly below:

• Test Results Reported - 165,892
• Total Positive - 1,830
• Percent Positive - 1.10%
• 7-Day Average Percent Positive - 1.28%
• Patient Hospitalization - 1,928 (-98)
• 7-Day Average Patient Hospitalization - 2,110
• Net Change Patient Hospitalization Past Week - -530
• Patients Newly Admitted - 227
• Number ICU - 463 (-28)
• Number ICU with Intubation - 270 (-20)
• Total Discharges - 178,857 (+265)
• Deaths - 26
• Total Deaths - 42,367

 

CEO Of Private Equity Fund Charged In Manhattan Federal Court With Lying To Bank To Secure $95 Million Loan

 

Elliot Smerling Charged with Wire Fraud, Bank Fraud, and Aggravated Identity Theft for Falsifying Capital Commitments, Fund Finances, to Secure $95 Million Loan

 Audrey Strauss, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that ELLIOT SMERLING was indicted this morning on charges of wire fraud, bank fraud, and aggravated identity theft for seeking and obtaining an approximately $95 million subscription-backed line of credit for his $500 million private equity fund on the basis of a forged audit letter, falsified subscription agreements, and falsified bank account statements.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Elliot Smerling went to elaborate measures to create a blatantly false picture of the financial underpinnings of a private equity fund in order to obtain a $95 million line of credit.  Through a forged audit letter and falsified subscription agreements and bank statements, Smerling allegedly induced a California bank to make a loan commitment it never would have made had it known the truth.  Now, the truth has landed Elliot Smerling in federal court.”

FBI Assistant Director William F. Sweeney Jr. said:  “Falsifying information in order to secure a loan, regardless of the amount, is a crime.  When the loan secured is nearly $100 million, the stakes are even higher.  As alleged, Smerling engaged in illegal practices in order to benefit his interests.  Today he’s learned the consequences of his alleged actions.”

According to the Indictment filed today in Manhattan federal court, and the Complaint[1] unsealed February 26, 2021, in the Southern District of Florida:

From at least in or about December 2020 through at least in or about February 2021, ELLIOT SMERLING, the defendant, solicited and obtained on behalf of the general partner (“General Partnership-1”) of a private equity fund (“Private Equity Fund-1”), a loan of approximately $95 million from a commercial bank headquartered in California (“Victim Bank-1”), which was secured by purported capital commitments made by the limited partnership of investors in Private Equity Fund-1 (“Limited Partnership-1”).  SMERLING obtained the approximately $95 million loan on the basis of falsified documents and material misrepresentations, including:  (1) a forged audit letter, purportedly prepared by an international network of accounting, audit, tax, and professional services firms (“Audit Firm-1”), attesting to the audited financial statements of Limited Partnership-1; (2) forged subscription agreements that falsely represented that the investment fund of a private university based in New York, New York (“University Endowment Fund-1”), and the chief investment officer of that fund (“Chief Investment Officer-1”) had committed $45 million to fund Limited Partnership-1, and that the investment management division of a banking and financial services firm headquartered in New York, New York (“Investment Manager-1”), and the chief executive officer of Investment Manager-1 had committed $40 million to fund Limited Partnership-1; and (3) falsified bank records purporting to attest to a $4.5 million wire transfer from University Endowment Fund-1 to Limited Partnership-1. 

On or around December 1, 2020, SMERLING contacted an employee of Victim Bank-1 concerning SMERLING’s interest in acquiring an approximately $95 million loan for SMERLING’s $500 million private equity fund, Limited Partnership-1.  The loan sought by SMERLING would substitute for an existing line of credit SMERLING had secured from a multinational financial services company (“Commercial Bank-1”), where Limited Partnership-1 purported to have an existing line of credit with an outstanding loan balance equal to the amount sought by SMERLING from Victim Bank-1.  The employee of Victim Bank-1 referred SMERLING to a director in the Global Fund Banking Group at Victim Bank-1 (“Witness-1”).

Thereafter, in or around December 2020, Witness-1 requested from SMERLING materials concerning Limited Partnership-1 and General Partnership-1 in order to evaluate SMERLING’s loan request.  In response, SMERLING sent Victim Bank-1 materially false materials, the veracity of which Victim Bank-1 relied upon in ultimately deciding to make the loan sought by SMERLING, including:     

i.          An audit letter (the “Audit Letter”), purportedly prepared by Audit Firm-1, attesting to the sound finances of Limited Partnership-1.

ii.         Subscription agreements purportedly signed by investors in the fund, including an agreement reflecting a purported commitment of $45 million by University Endowment Fund-1 and the purported signature of Chief Investment Officer-1 (“Subscription Agreement-1”), and an agreement reflecting a purported commitment of $40 million by Investment Manager-1 and the purported signature of the chief executive officer of Investment Manager-1 (“Subscription Agreement-2”).  

iii.        A table (the “Capital Commitment Table”) listing $500 million in paid and unpaid capital commitments purportedly made to Limited Partnership-1 as of December 13, 2019, including a purported $45 million commitment by University Endowment Fund-1, consisting of a “call amount” of $4.5 million and an “unpaid commitment” of $40.5 million as of that date, as well as a purported $40 million commitment by Investment Manager-1, consisting of a “call amount” of $4 million and an “unpaid commitment” of $36 million as of that date. 

Following receipt of the materials, employees of Victim Bank-1, including at least one employee based in Victim Bank-1’s office in New York, New York, reviewed the materials as part of Victim Bank-1’s diligence process.

On or around January 7, 2021, Witness-1 wrote an email to the chief financial officer of Private Equity Fund-1, with a copy to SMERLING, in which Witness-1, in substance and in part, advised that Victim Bank-1 was in the process of finalizing its approvals for the loan.  Witness-1 requested bank statements “evidencing receipt of the most recent capital call.”  On the same date, SMERLING replied with an email to which he attached a December 2019 bank statement (the “Bank Statement”) for an account purportedly held in the name of Limited Partnership-1 at Commercial Bank-1’s Americas headquarters in New York, New York.  The statement reflected wires into the account with a combined value of $50 million, including a purported wire of $4.5 million from University Endowment Fund-1 and a purported wire of $4 million from Investment Manager-1.

The materials that SMERLING submitted to Victim-Bank-1 were materially false.  For example, the Audit Letter was not prepared by Audit Firm-1.  Chief Investment Officer-1 of the University Endowment Fund-1 has no knowledge of ELLIOT SMERLING, Limited Partnership-1, or General Partnership-1, and the signature appearing on the Subscription Agreement-1 is not that of Chief Investment Officer-1.  University Endowment Fund-1 has found no indication that it made the $4.5 million wire transfer reflected in the Bank Statement or made any other investment or capital commitment to ELLIOT SMERLING, the defendant, Limited Partnership-1, or General Partnership-1.

Similarly, Investment Manager-1 has found no indication that Investment Manager-1 in fact made the $4 million wire transfer reflected in the Bank Statement or made any other investment or capital commitment to ELLIOT SMERLING, the defendant, Limited Partnership-1, or General Partnership-1.

SMERLING was arrested and presented in the Southern District of Florida on February 26, 2021, before United States Magistrate Judge William Matthewman.

SMERLING, 52, of Lake Worth, Florida, is charged in three counts, with wire fraud, bank fraud, and aggravated identity theft.  Wire fraud affecting a financial institution carries a maximum sentence of 30 years in prison, and a maximum fine of $1 million or twice the gross gain or loss from the offense.  Bank fraud carries a maximum sentence of 30 years in prison, and a maximum fine of $1 million or twice the gross gain or loss from the offense.  Aggravated identity theft carries a mandatory sentence of two years in prison consecutive to any other sentence imposed and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the work of the Federal Bureau of Investigation. 

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorney Jilan J. Kamal and Timothy V. Capozzi are in charge of the prosecution. 

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 texts of the Indictment and the Complaint, and the descriptions of the Indictment and the Complaint set forth in this release, constitute only allegations, and every fact described should be treated as an allegation.

Governor Cuomo Accepts NYS Clinical Advisory Task Force Recommendation to Immediately Implement Expanded Use Authorization of the Pfizer COVID-19 Vaccine for 12 to 15-Year-Olds

 

 "Today the Centers for Disease Control and Prevention endorsed the use of the Pfizer COVID-19 vaccine for adolescents 12 to 15 years of age. That decision followed a thorough review of data and FDA's expansion of the emergency use authorization for this vaccine earlier this week. To further ensure the safety and effectiveness of New York State's vaccination program, I directed Dr. Zucker and the New York State Clinical Advisory Task Force to conduct a concurrent review. I accepted their recommendation and am authorizing all providers enrolled in the NYS COVID-19 vaccination program to expand eligibility for the Pfizer COVID-19 vaccine to people in the 12-15 age group, effective immediately.

"Children under the age of 18 now account for more than 20 percent of new cases in this country, and vaccine authorization for a younger population will allow the state to continue its tremendous progress towards winning the war against COVID. More than 17 million vaccine doses have been administered in New York State to date."

RECOVERY FOR ALL OF US: NEW YORK CITY ADOPTS NEW ZONING RULES TO PROTECT COASTAL AREAS FROM CLIMATE CHANGE

Zoning for Coastal Flood Resiliency will help protect 800,000 New Yorkers and more than 120,000 homes and businesses from flooding and natural disasters

 Following a City Council vote, Mayor Bill de Blasio today announced that a major package of zoning rules will now help to protect homes and businesses in New York City’s vast floodplain from climate change. The package of zoning rules, known as Zoning for Coastal Flood Resiliency (ZCFR), helps buildings better withstand and recover from major disasters and sea level rise, which could lead to lower insurance costs.

 

“New York City has an obligation to transform its relationship with water, and these zoning changes will protect New Yorkers from coastal flooding for generations to come,” said Mayor Bill de Blasio. “Climate change will be our city’s greatest long-term challenge, and New York City will do everything it can to keep residents and businesses resilient and prepared for whatever comes next.”

 

“This set of citywide zoning changes will help make the city’s coastal residents and businesses safer, stronger, and better prepared for extreme weather in the face of climate change,” said Deputy Mayor for Housing and Economic Development Vicki Been. “I applaud the City Council and all stakeholders involved in this multi-year effort for making this plan a reality to create a more resilient New York City.”

 

“ZCFR is a giant step forward, revamping zoning rules to protect vulnerable neighborhoods from climate change by making rebuilding, recovery and resilience easier for New Yorkers. Thanks to ZCFR, our shoreline will be stronger and more sustainable for decades to come,” said Department of City Planning Director Marisa Lago.

 

ZCFR updates, improves, and makes permanent the emergency rules established in the wake of Superstorm Sandy. These changes will help better protect the tens of thousands of affordable homes, businesses and jobs located in current and future floodplain, which is home to nearly 800,000 New Yorkers.

 

Critically, ZCFR also limits construction of new nursing homes in areas at high-risk of flooding and locations that could be difficult to access following a storm. This change lessens both the health consequences and logistical challenges of evacuating this particularly vulnerable population in an emergency.

 

This plan is the product of four years of intense community engagement, including more than 200 public meetings hosted by the Department of City Planning. The City Planning Commission approved the zoning changes this March.

 

Zoning for Coastal Resiliency rules will:

*  Encourage resiliency in current and future flood-prone neighborhoods: ZCFR greatly expands where flood resilient zoning rules apply. New and substantially rehabbed buildings in areas of the city that, by 2050, are expected to have a 1% chance of a flood event in any given year, are now permitted to meet or exceed flood-resistant construction standards set by the U.S. Federal Emergency Management Agency (FEMA) or NYC’s Building Code.

  * The expanded floodplain geography increases the number of buildings that can be retrofitted to resiliency standards by nearly 50%, allowing new construction in these areas to be more resilient and more building owners to proactively raise living space and important equipment out of harm’s way.

  * Support long-term resilient design: Previously restrictive zoning could inadvertently lead resiliency retrofits to create very narrow, poorly designed homes in small lots. Through ZCFR’s flexible zoning rules on height and yards, building owners can both raise their structures and produce a well-designed, resilient home that fits with the surrounding neighborhood character while achieving a better floorplan.

  * Adapt to a changing climate through incremental retrofits: ZCFR lets buildings elevate or relocate important mechanical, electrical and plumbing equipment, or backup systems like generators, above the expected height of floodwaters. This can be done either within the building, atop of the structure, or on a separate platform.

     * For example, a NYCHA or Mitchell-Lama complex in Lower Manhattan or Manhattan Beach can construct an elevated mechanical building in its yard to address the needs of the campus while keeping equipment out of the path of damaging floodwaters. An industrial business in the South Bronx can build a mezzanine to safely store sensitive machinery or important files above where floodwaters might seep in. The mezzanine would be exempt from floor area, preventing loss of building space elsewhere.

  *  Speed up future recovery by reducing regulatory obstacles: ZCFR places recovery provisions in the Zoning Resolution that can be quickly selected based on the issues caused by the disaster and recovery period. These provisions include cutting down on red tape and providing additional time for an affected business to reopen, even if it predates and no longer matches the current zoning.

 

In addition to ZCFR, changes to further limit flood risk in three neighborhoods as part of DCP’s Resilient Neighborhood Initiative – Gerritsen Beach and Sheepshead Bay in Brooklyn, and Old Howard Beach in Queens – are now active. These actions address resiliency challenges specific to these areas:

  * In Gerritsen Beach, zoning changes, including the establishment of a new Special Coastal Risk District, limit future density and cap building heights at 25 feet above the potential height of floodwaters to more closely match the area’s built character.

  *  In Sheepshead Bay, the existing Special Sheepshead Bay District now prohibits below-grade plazas, which are prone to flooding and difficult to make resilient.

  * In Old Howard Beach, zoning changes limit the construction of attached homes, which are harder to retrofit and elevate than detached homes because of their shared walls.

 

Team AOC - We’ve distributed more than 9,000 bags of groceries. Help fund the next 9,000

 

  From the very beginning of the pandemic, Team AOC has been working with local food relief organizations to support our neighbors and communities facing unemployment and struggling to put food on the table.

With your support, we’ve distributed more than 9,000 bags of groceries for families in New York. But this crisis is far from over, and as of right now, we’ve only raised enough for these community partners to get extra food boxes to families through the end of this June.

Here’s a bit more about the groups you’re supporting:

Loving the Bronx is a volunteer-run organization that works day and night to provide organic, fresh, healthy food to the community and keep their three community fridges stocked. They also provide grocery bags of food to those in need.

The Bronx Jewish Community Council operates the largest food pantry in the East Bronx. They distribute over 1,200 food packages per month, which include three meals a day for three days for each member of the household. No person is turned away.

Elmcor is a 50+ year old service organization started by Black Panthers, feeding families in East Elmhurst and Corona in Queens.

If you can’t afford it right now, please don’t worry. We know that you’ll give back when you can, in whatever ways you can.

We appreciate your support.

– Team AOC

Tax Preparer Arrested For Stealing From His Clients And Filing False Tax Returns

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, Jonathan D. Larsen, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), and Amanda Hiller, Acting Commissioner of the New York State Department of Taxation and Finance (“DTF”), announced today the unsealing of a Complaint charging CARLOS DE LA TORRE with wire fraud, mail fraud, and filing false income tax returns in connection with a years-long scheme to steal from the clients of his tax preparation business and defraud the Internal Revenue Service (“IRS”) and New York State Department of Taxation and Finance (“NYSDTF”).  DE LA TORRE was arrested today and will be presented in Manhattan federal court before United States Magistrate Judge Sarah Netburn.

U.S. Attorney Audrey Strauss said:  “As alleged, Carlos De La Torre defrauded the clients of his tax preparation business by converting to his own use money the clients had been told they owed the IRS and New York State.  Further, De La Torre allegedly defrauded the IRS and the State by seeking refunds for overpayments of his taxes that were actually the funds he stole from his clients, and by failing to report those stolen funds as income.  Now Carlos De La Torre is facing multiple federal felony charges.”  

IRS-CI Special Agent in Charge Jonathan D. Larsen said:  “With the tax filing deadline only days away, the arrest of Mr. De La Torre is a timely reminder to taxpayers to do their due diligence when selecting a tax preparer.  Not only is the defendant accused of violating the trust placed in him by his clients, he also allegedly profited nearly half a million dollars in this years-long scam.  IRS-CI special agents are working tirelessly to protect taxpayers from fraud and investigate potential unscrupulous tax return preparers.”

Acting DTF Commissioner Amanda Hiller said:  “Tax preparers are expected to operate with honesty and integrity.  Those who instead defraud their clients – and New York State – for personal gain must be held accountable.  We’ll continue to work with all levels of law enforcement, including the U.S. Attorney’s Office for the Southern District of New York, to bring dishonest tax preparers to justice.”

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

DE LA TORRE is a tax preparer and the sole proprietor of a bookkeeping and tax preparation business in New York, New York.  From at least in or about 2014 through at least in or about 2020, DE LA TORRE represented certain small businesses based in New York City and their owners (the “Victims”) in connection with the preparation and filing of their personal and business federal and state tax returns.  During that time period, DE LA TORRE told the Victims how much they allegedly owed in state and federal personal and business taxes, and the Victims gave DE LA TORRE checks in those amounts.

Instead of submitting the Victims’ checks as payments to be applied toward the Victims’ federal and state tax liabilities, DE LA TORRE fraudulently altered the checks and mailed them to the IRS and the NYSDTF as estimated tax payments to be credited against his own personal tax liabilities.  Those payments greatly exceeded DE LA TORRE’s own tax liabilities each year.  At the end of each tax period, DE LA TORRE fraudulently sought and received refunds from the IRS and the NYSDTF for the total amount of the altered checks he submitted to each agency, less any amount DE LA TORRE actually owed in taxes.  Refunds from the IRS and the NYSDTF were wired by the U.S. Treasury and New York State, respectively, directly into DE LA TORRE’s personal bank account.  In total, DE LA TORRE stole at least approximately $455,000 from the Victims through this scheme.

DE LA TORRE also filed false tax returns with the IRS in connection with this scheme.  He failed to report the money he stole from the Victims on his federal tax returns.  Had DE LA TORRE reported that income, as he was required to do, his total federal tax liability each year would have been much greater than it was, and he would not have been entitled to the refunds that he claimed.  As a result, DE LA TORRE defrauded the IRS of at least approximately $48,000 in tax liabilities (including interest). 

DE LA TORRE, 79, of Little Neck, New York, is charged with 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, and five counts of subscribing to false individual tax returns, in violation of Title 26, United States Code, Section 7206(1), each of which carries a maximum sentence of three 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 the IRS-CI and NYSDTF. 

The prosecution of this case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorney Sarah L. Kushner is in charge of the prosecution.

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.

Former Controller Of Manhattan Company And Three Family Members Charged With Embezzling $17 Million

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), and Patrick J. Freaney, Deputy Special Agent-in-Charge of the New York Field Office of the United States Secret Service (“USSS”), announced today the unsealing of a criminal indictment charging SABITRI LAFOREST, GARRY LAFOREST, TATIANA LAFOREST a/k/a “Tatiana Mays,” and SANJAY LAFOREST with wire fraud, conspiracy to commit wire fraud, and conspiracy to commit money laundering in connection with their scheme to defraud SABITRI LAFOREST’s employer, a Manhattan-based electrical contracting company, of at least approximately $17 million.

The defendants were arrested this morning: SABITRI LAFOREST and GARRY LAFOREST in Parkland, Florida, TATIANA LAFOREST in Queens, New York, and SANJAY LAFOREST in New York, New York.  Later today, TATIANA LAFOREST and SANJAY LAFOREST will be presented in federal court in Manhattan before U.S. Magistrate Judge Sarah Netburn; SABITRI LAFOREST and GARRY LAFOREST will be presented in federal court in Ft. Lauderdale, Florida, before U.S. Magistrate Judge Alicia O. Valle. 

Manhattan U.S. Attorney Audrey Strauss said: “The defendants lived a life of luxury: international travel, fancy apartments and homes, a 2020 Ford Shelby GT500, and a 2019 Chevrolet Corvette ZR-1, as well as ownership in successful restaurants.  But, as alleged, this was all paid for with $17 million that the defendants stole from the company that employed Sabitri Laforest for over 30 years.  Thanks to our partners at the NYPD and U.S. Secret Service, the defendants’ alleged greed has led to their facing federal charges of embezzlement and money laundering.”

NYPD Commissioner Dermot Shea said:  “As alleged in this federal indictment, these defendants exploited a position of trust to engage in a vast scheme of criminal plunder. These arrests and the work of our NYPD detectives, the United States Secret Service and the prosecutors of the United States Attorney’s Office in the Southern District of New York will ensure they face justice.”

USSS Deputy Special Agent-in-Charge Patrick J. Freaney said:  “Bringing those to justice who commit financial fraud remains a key focus of the U.S. Secret Service.  In this instance, the accused allegedly used her professional position as controller to embezzle approximately $17 million which was then allegedly laundered with the aid of family members.  Not only are these alleged actions a violation of trust, but also a violation of law. The Secret Service looks forward to our continued partnership with the New York City Police Department in our joint pursuit of those who seek to commit financial crimes.  Special thanks to the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA) Intelligence Analysts and the Miami Field Office of the Secret Service for their considerable support in the success of this investigation.”

According to the allegations in the Indictment:[1]

Between at least 2013 and 2020, SABITRI LAFOREST, GARRY LAFOREST, TATIANA LAFOREST, and SANJAY LAFOREST used SABITRI LAFOREST’s position as the controller of an electrical contracting company (“Victim-1”) to embezzle over $17 million from Victim-1.  The defendants used SABITRI LAFOREST’s access to Victim-1’s bank account to make payments to a charge card account that TATIANA LAFOREST opened.  The defendants regularly charged hundreds of thousands of dollars to the account, all paid for each month using Victim-1’s money. 

The defendants used the charge card account to pay for, among other things, over $639,000 in air travel, over $242,000 in tickets for a New York City professional basketball team, over $250,000 in rent for two luxury apartments in Manhattan leased by TATIANA LAFOREST and SANJAY LAFOREST, over $100,000 in home improvements for a Florida home purchased by SABITRI LAFOREST and GARRY LAFOREST, and a 2020 Ford Shelby GT500 and a 2019 Chevrolet Corvette ZR-1.

The defendants also laundered millions of dollars of the proceeds of their embezzlement scheme by transferring the money to other financial accounts controlled by themselves and their family members, and by making payments to a restaurant in Elmont, New York, owned by SABITRI LAFOREST and GARRY LAFOREST, and a group of hospitality companies, including two Manhattan restaurants, owned by SANJAY LAFOREST.

SABITRI LAFOREST, 59, and GARRY LAFOREST, 64, of Parkland, Florida, TATIANA LAFOREST a/k/a “Tatiana Mays,” 36, of Queens, New York, and SANJAY LAFOREST, 38, of New York, New York, are each charged with one count of conspiracy to commit wire fraud, in violation of  18 U.S.C. § 1349, which carries a maximum sentence of 20 years in prison, one count of wire fraud, in violation of 18 U.S.C. § 1343, which carries a maximum sentence of 20 years in prison, and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956, which carries a maximum sentence of 20 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by a judge.

Ms. Strauss praised the outstanding investigative work of the NYPD’s Financial Crimes Task Force and the USSS.  Ms. Strauss also thanked the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA) Intelligence Analysts for their support and assistance in this matter.

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

Governor Cuomo Announces 50 Percent of New York Adults Complete COVID-19 Vaccine Series

 

More than 17 Million Vaccine Doses Have Been Administered in New York State

116,093 Doses Administered in the Last 24 Hours      

Nearly 1 Million Doses Administered Over Past Seven Days     

Vaccine Dashboard Updated Daily on the State's Vaccine Program Here

Vaccination Progress by Age Group and Sex Available On The Vaccine Tracker Here

Data on New York State's More than 200 Pop-up Vaccination Sites Available on the Vaccine Tracker Here

 Governor Andrew M. Cuomo today announced 50 percent of New Yorkers who are 18 and older have completed the COVID-19 vaccine series. In addition, the Governor announced more than 17 million vaccine doses have been administered in New York State. 116,093 doses have been administered across the state's vast distribution network in the last 24 hours, and nearly 1 million doses have been administered over the past seven days.    

"Our continued progress on vaccinations is phenomenal and that's a function of all the good work that our providers and volunteers across New York have done," Governor Cuomo said. "We are hitting critical milestones, but the rate of people coming in to get vaccinated has declined, and that's troubling. We are especially focused on the youthful and the doubtful, and we are continuing to work with community leaders and pushing the message that everyone needs to get their shot because this vaccine is our key weapon in defeating this beast."   

All New York State mass vaccination sites are now open to eligible New Yorkers for walk-in vaccination on a first come first serve basis. The walk-in appointments are reserved for first doses only with second doses to be scheduled automatically after administration of the initial shot. In addition, all vaccine providers are encouraged to allow walk-in appointments for eligible New Yorkers. People who would prefer to schedule an appointment at a state-run mass vaccination site can do so 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 vaccines.gov to find information on vaccine appointments near them.                            

STATEWIDE BREAKDOWN

Total doses administered - 17,054,335

Total doses administered over past 24 hours - 116,093

Total doses administered over past 7 days - 982,557

Percent of New Yorkers ages 18 and older with at least one vaccine dose - 60.7%

Percent of New Yorkers ages 18 and older with completed vaccine series - 50.0%

Percent of all New Yorkers with at least one vaccine dose - 48.8%

Percent of all New Yorkers with completed vaccine series - 40.0%