Former Suffolk County District Attorney Thomas J. Spota and Government Corruption Bureau Chief Christopher McPartland Each Sentenced to Five Years in Prison

 

The Defendants Were Convicted of Obstructing a Federal Civil Rights Investigation

 Former Suffolk County District Attorney Thomas J. Spota and Christopher McPartland, the former Chief of Investigations and Chief of the Government Corruption Bureau of the Suffolk County District Attorney’s Office (SCDAO), were each sentenced by United States District Judge Joan M. Azrack, to five years in prison.  Additionally, Spota was ordered to pay a $100,000 fine. 

The sentences stem from the defendants’ December 17, 2019 convictions, following a six-week federal jury trial, on all four counts of the Indictment; specifically, of conspiracy to tamper with witnesses and obstruct an official proceeding, witness tampering, obstruction of justice, and being accessories after-the-fact to former Suffolk County Police Department (SCPD) Chief of Department James Burke’s deprivation of a prisoner’s civil rights.

Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, and Jacqueline Maguire, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentences.

“When a sitting District Attorney and one of his top prosecutors are corrupt and use their power to intimidate witnesses and cover up a brutal assault by a high-ranking law enforcement official, they not only jeopardize the safety of citizens who are entitled to the protection of the law, they also undermine confidence in the integrity and fairness of our criminal justice system,” stated Acting U.S. Attorney Kasulis.  “Instead of serving the people of Suffolk County, these defendants brazenly abused their exceptional positions of power and public trust to protect their friends and hurt their enemies.  With today’s sentences, justice has been served and the defendants have learned the consequences of their crimes, just like anyone else who has broken the law.  I commend the tenacity and skill of this Office's prosecutors and the FBI special agents in toppling the defendants from their undeserved positions of prominence and in holding them to account for their reprehensible violations of the public trust.”

“With great power comes great responsibility – and, as we’ve proven throughout the course of this investigation, Mr. Spota and Mr. McPartland abused their power to skirt their responsibility to comply with a federal civil rights investigation.  They placed fear of retaliation inside the minds of those who may otherwise have been willing to cooperate, and they interfered with efforts of federal investigators who were trying to get to the bottom of a heinous crime.  Their behavior was outrageous, and their sentences today prove as much.  There is absolutely no place for this type of behavior within our criminal justice system.  Those who abuse their power and subject others to cruel and unnecessary punishment must be removed from serving in any official capacity and must pay the price for their conduct.  Only then, and with today's sentences, the earned trust and confidence of the citizens of Suffolk County can be justly restored, stated FBI Acting Assistant Director-in-Charge Maguire.

In December 2012, then-Chief of the SCPD, James Burke – the highest-ranking uniformed police official in Suffolk County – physically and verbally assaulted a shackled prisoner, Christopher Loeb, who was under arrest and being held in an interrogation room at the 4th Precinct in Hauppauge, New York.  Loeb had broken into Burke’s official police vehicle and stolen his gun belt and ammunition, and a duffel bag containing cigars, sex toys, prescription Viagra and pornography.  After the assault, Burke ordered high-ranking lieutenants of the SCPD to ensure that the detectives and officers who had witnessed the assault would never reveal what they had observed.  Burke also enlisted the help of his long-time mentor, then-District Attorney Spota, and McPartland, his personal friend and then-Chief of both Investigations and the Government Corruption Bureau, to ensure that the witnesses kept quiet.  Having served as the Suffolk County D.A. for over a decade, Spota had successfully helped Burke avoid legal trouble regularly during their decades-long friendship.  McPartland, who worked directly under Spota, also had built a close friendship with Burke, and was the first person who Burke called the morning he discovered that his vehicle had been burglarized.    

A federal grand jury investigation into the Loeb assault as a civil rights deprivation was opened by the U.S. Attorney’s Brooklyn Office, with the assistance of the FBI, in the spring of 2013.  Burke, Spota and McPartland used the power and influence of their official positions, and the threat of retaliatory arrest and prosecution, to keep anyone from cooperating with that investigation.  Because of their obstructive efforts, the federal investigation was unsuccessful and was closed approximately eight months later.  Local law enforcement eyewitnesses had been frightened into silence, as they feared retaliation against themselves and their families from within the Suffolk County Police Department and the District Attorney’s Office.  Approximately one year later, prosecutors from U.S. Attorney’s Long Island Criminal Division reopened the investigation.  As certain key witnesses were then compelled to testify before the grand jury under a grant of immunity, the truth about Burke assaulting Loeb finally emerged. 

Burke pleaded guilty to a civil rights violation and conspiracy to obstruct justice in February 2016 and was sentenced to 46 months’ imprisonment.  Spota and McPartland both resigned from the District Attorney’s Office in light of the charges against them and have since been disbarred.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - AUGUST 12, 2021

 

 53,818 Vaccine Doses Administered Over Last 24 Hours

16 COVID-19 Deaths Statewide Yesterday

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

"New York has come so far in its fight against COVID and we need to ensure we are doing everything we can to prevent the state from slipping backward," Governor Cuomo said. "The answer here is simple - get vaccinated. It's never been easier and I am urging those who have yet to receive their shots to go out and do so as soon as possible. The vaccine is safe, accessible and free - it is the best tool we have to keep ourselves and our communities safe."

 

Today's data is summarized briefly below:

·         Test Results Reported - 153,925
·         Total Positive - 4,701
·         Percent Positive - 3.05%
·         7-Day Average Percent Positive - 3.05%
·         Patient Hospitalization - 1,448 (+81)
·         Patients Newly Admitted - 272
·         Patients in ICU - 289 (+1)
·         Patients in ICU with Intubation - 118 (+4)
·         Total Discharges - 188,356 (+184)
·         Deaths - 16
·         Total Deaths - 43,202

·         Total vaccine doses administered - 22,756,366

·         Total vaccine doses administered over past 24 hours - 53,818

·         Total vaccine doses administered over past 7 days - 309,178

·         Percent of New Yorkers ages 18 and older with at least one vaccine dose - 74.1%

·         Percent of New Yorkers ages 18 and older with completed vaccine series - 67.8%

·         Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 77.0%

·         Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 69.5%

·         Percent of all New Yorkers with at least one vaccine dose - 62.2%

·         Percent of all New Yorkers with completed vaccine series - 56.6%

·         Percent of all New Yorkers with at least one vaccine dose (CDC) - 64.6%

·         Percent of all New Yorkers with completed vaccine series (CDC) - 58.0%

DEFEAT DELTA: MAYOR DE BLASIO ANNOUNCES 50,000 NEW YORKERS HAVE RECEIVED THE $100 VACCINE INCENTIVE

 

New York City’s $100 incentive is endorsed by President Biden; find a city-run site at nyc.gov/vax4nyc

 Mayor Bill de Blasio today announced 50,000 New Yorkers have received the $100 vaccine incentive available at City-run vaccine sites. A majority of the $100 cards have gone to New Yorkers of color. 

"Getting vaccinated against COVID-19 is easy, safe, and even comes with a bonus $100 at City-run sites," said Mayor Bill de Blasio. "I'm thrilled 50,000 New Yorkers have taken advantage of this incentive so far. This is clearly a smart, effective way to drive up vaccination rates. It’s proof that more cities and states across the country should follow President Biden’s urging to adopt New York City’s $100 incentive.”

 

According to data at City-run vaccination sites, of the 50,000 people who have received the $100 incentive, 43% self-identified as Hispanic, 21% as Black, 13% as Asian, 9% as White, 5% as other and 7% preferred not to say. In addition, 23% of those who selected to receive $100 are under 18, 36% are 18-34, 38% are 35-64, 3% are 65-74 and 1% are over 75.

 

“We’re excited to see the positive outcomes our City’s $100 incentive for first shots is having on our vaccination rates,” said Deputy Mayor for Health and Human Services Melanie Hartzog. “Regardless of the motive, the ultimate reward is protecting themselves and their loved ones from the threats of COVID-19 and its Delta variant.”

 

“One hundred bucks is great, but the real reward is protection against COVID-19 and more safely returning to the things we love,” said First Deputy Commissioner and Chief Equity Officer Dr. Torian Easterling. "I encourage all New Yorkers to continue to take advantage of this incentive and get vaccinated as soon as possible. Vaccination is our path out of this pandemic, and it saves lives."  

 

“As a physician, I’m pleased to see more and more New Yorkers get their COVID-19 vaccine, which is still proven to be the safest defense against serious illness against this terrible virus,” said NYC Health + Hospitals President and CEO Mitchell Katz. “Whether it’s after a thoughtful conversation with your doctor, or to cash in on the great incentive our City is providing, the advice to get you and your family vaccinated will remain the same.”

Attorney General James and U.S. Department of Labor Deliver $14 Million to Consumers Who Were Denied Mental Health Care Coverage

 

 UnitedHealthcare Unlawfully Denied Coverage to 20,000 New Yorkers for Mental Health and Substance Abuse Treatment

 New York Attorney General Letitia James and the U.S. Department of Labor (USDOL) today announced landmark agreements with UnitedHealthcare (United), the nation’s largest health insurer, to resolve allegations that United unlawfully denied health care coverage for mental health and substance use disorder treatment for thousands of Americans. As a result of these agreements, United will pay approximately $14.3 million in restitution to consumers affected by the policies, including $9 million to more than 20,000 New Yorkers with behavioral health conditions who received denials or reductions in reimbursement. New York and federal law requires health insurance plans to cover mental health and substance use disorder treatment the same way they cover physical health treatment. The agreements — which resolve investigations and litigation — address United’s policies that illegally limited coverage of outpatient psychotherapy, hindering access to these vital services for hundreds of thousands of New Yorkers for whom United administers behavioral health benefits. In addition to the payment to impacted consumers, United will lift the barriers it imposed and pay more than $2 million in penalties, with $1.3 million going to New York state.  

“In the shadow of the most devastating year for overdose deaths and in the face of growing mental health concerns due to the pandemic, access to this care is more critical than ever before,” said Attorney General James. “United’s denial of these vital services was both unlawful and dangerous — putting millions in harm’s way during the darkest of times. There must be no barrier for New Yorkers seeking health care of any kind, which is why I will always fight to protect and expand it. I thank Secretary Walsh for his partnership on this important matter.” 

“Protecting access to mental health and substance use disorder treatment is a priority for the Department of Labor and something I believe in strongly as a person in long-term recovery,” said U.S. Secretary of Labor Marty Walsh. “This settlement provides compensation for many people who were denied full benefits and equitable treatment. We appreciate Attorney General James and her office for their partnership in investigating, identifying, and remedying these violations.” 

New York’s behavioral health parity law — originally enacted as “Timothy’s Law” in 2006 — and the federal Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) require insurance coverage for mental health and substance use disorder treatment to be no more restrictive than insurance coverage for physical health conditions. The agreements are the product of the first joint state-federal enforcement of these laws.  

The Office of the Attorney General's (OAG) complaint — which parallels USDOL’s complaint — was filed in the U.S. District Court for the Eastern District of New York, along with the agreements. Each complaint describes two practices by United that the agencies allege violated behavioral health parity laws through discriminatory practices that improperly restricted coverage of psychotherapy:

1) Reimbursement Penalty

United penalized thousands of New York members by making them pay more than they should have for psychotherapy with non-physicians, who are the predominant providers of this service. United did so by reducing the allowed amount — which determines reimbursement — by 25 percent for services provided by PhD-level psychologists and by 35 percent for masters-level therapists. This violated parity laws because United applied these reductions to psychotherapy across the board, but for medical treatments it applied similar restrictions only in limited circumstances.

2) Algorithms for Effective Reporting and Treatment (ALERT) program

United employed arbitrary thresholds to trigger utilization review of psychotherapy, which often led to denials of coverage when providers could not justify continued treatment after 20 sessions. Members who received these denials had to choose between figuring out how to pay hundreds, or even thousands, of dollars for continued care, and abruptly ending necessary treatment. United denied thousands of New Yorkers’ psychotherapy claims pursuant to ALERT, even during the COVID-19 pandemic. These denials violated parity laws because United subjected all outpatient behavioral health psychotherapy to outlier management, but it employed this treatment limitation only to a handful of medical/surgical services.

United’s illegal and discriminatory practices have impeded access to behavioral health services for more than half a million New Yorkers with fully-insured United health plans and many others with self-insured private health plans administered by the company.  

Under the agreements, United will stop applying the Reimbursement Penalty and will not employ a new, similar policy in New York for at least two years. United will also discontinue applying the ALERT program — and will cease issuing denials — for psychotherapy in New York, and will not implement a new outlier management program until at least 2023.  

11 Members and Associates of the Folk Nation Gangster Disciples Charged with Multiple Shootings and Related Firearms Offenses in Brooklyn

 

Arrests are the Result of a Joint Federal-State Effort to Dismantle Violent Gangs

A 20-count superseding indictment was unsealed today in federal court in Brooklyn charging Oluwagbenga Agoro, Lorenzo Bailey, Quincy Battice, Davon Brown, Hans Destine, Jean Fremont, Ricardo Hepburn, McKoy Lima, Triston Lawrence, Deryck Thompson and Michael Williams with violent crimes in-aid-of racketeering — including attempted murder and related firearms offenses.  As alleged in the indictment, the defendants are members and associates of the Folk Nation Gangster Disciples, also known as “GD.” Bailey, Destine, Fremont, and Thompson are leaders of the No Love City (“NLC”) subset of GD, with Destine and Fremont serving on NLC’s five-member “Steering Committee” — its top leadership.  Additionally, during the execution of search warrants this morning, investigators recovered three firearms at Destine’s residence, one firearm at Lawrence’s residence, one from Thompson’s residence and one from Bailey’s residence in Georgia.

Destine, Fremont, Hepburn, Lawrence, Lima, Thompson and Williams were arrested this morning in Brooklyn and are scheduled to be arraigned this afternoon before United States Magistrate Judge Sanket J. Bulsara.  Bailey and Battice were arrested this morning in Atlanta, Georgia, and are scheduled to be arraigned this afternoon before United States Magistrate Judge Catherine M. Salinas at the federal courthouse in Atlanta.  Agoro and Brown were already in federal custody on prior charges and will be arraigned at a later date. 

Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Jacqueline Maguire, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Eric Gonzalez, District Attorney, Kings County District Attorney’s Office (KCDA), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the arrests and charges.

“As the indictment makes clear, violent street gangs like the Folk Nation Gangster Disciples can commit a shocking amount of violence and inflict a tremendous amount of harm, which endangers entire communities if left unchecked,” stated Acting United States Attorney Kasulis.  “This Office and its federal, state and local law enforcement partners will spare no effort in targeting and prosecuting violent individuals and street gangs that intentionally wreak havoc in our communities by possessing and wantonly discharging loaded weapons with no regard for human life.  Street gangs in Brooklyn should be on notice that we will use every resource available to rid our communities of this needless violence.”  Ms. Kasulis expressed her grateful appreciation to the FBI/NYPD Metro Safe Streets Task Force, the NYPD’s Gun Violence Suppression Division, and the Kings County District Attorney’s Office for their outstanding work and assistance in this investigation and prosecution.

“Two gang takedowns over the past two days demonstrates our commitment to pursue the violent criminals who choose to terrorize our communities,” stated FBI Acting Assistant Director-in-Charge Maguire.  “The litany of crimes we allege in this case is demonstrative of the fear and frustration facing far too many New York City communities.  Our work through the FBI/NYPD Metro Safe Streets Task Force will continue relentlessly until residents can feel safe again.”

“This important takedown is part of our multi-pronged and ongoing strategy of focusing on the most violent offenders in our community, who are largely responsible for the surge in shootings we experienced last summer. With today’s arrests, leaders of a dangerous street gang have been incapacitated, which I believe will have a positive impact on public safety in Brooklyn. I’m grateful to the U.S. Attorney’s Office, the FBI, the NYPD and my prosecutors for their outstanding work on this investigation. We will continue to work together in partnership and use every law enforcement resource available to us to help drive down gun and gang violence,” stated KCDA Gonzalez.

“Targeting and dismantling gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be among the highest priorities for the NYPD and our law enforcement partners. We remain relentless in our efforts to identify, arrest, and prosecute anyone who involves themselves in violence on our streets,” stated NYPD Commissioner Shea.

As alleged in the indictment and other court filings, the charges relate to seven non-fatal shootings committed in Brooklyn over the course of 2020 in which six individuals were wounded.

The March 14, 2020 Shooting

As alleged, on March 14, 2020, Brown was involved in the shooting of a victim for perceived disrespect towards GD.  An individual with the victim threw a drink inside the Gold Room Restaurant and Lounge in Prospect Lefferts Gardens, splashing a person standing with Brown.  An argument ensued, and the victim, a Crips gang member, flashed a gang sign known as “dropping the rake” — a gesture intended to be insulting to GD.  The argument continued outside the bar where Brown displayed a gun and fired a shot into the air.  Brown then handed the gun to a coconspirator who walked behind the victim and shot the victim in the buttocks at close range.  The gun was recovered by law enforcement and Brown’s DNA was found on the weapon. 

The July 24, 2020 Shooting

As alleged, on July 24, 2020, Michael Williams was involved in the shooting of two individuals in Prospect Park South.  On the previous evening, a member of GD had been shot and Williams and others took him to the hospital.  After leaving the hospital, Williams and other members of GD retaliated against the Crips gang by driving to an area of Brooklyn they believed to be Crip territory where Williams and another gunman opened fire into a crowd of people, wounding two victims in the knee and chest.   

The August 2, 2020 Shooting

On August 2, 2020, Lawrence allegedly shot at a Crips gang member in Prospect Lefferts Gardens.  Prior to the shooting, the intended target of the shooting had been walking through a part of Prospect Lefferts Gardens known as GD territory while broadcasting himself on Instagram Live mocking GD.  Immediately after the shooting, Lawrence sent an encrypted message to Brown using the Telegram encrypted application stating that he had just “boomed at” the intended target. 

The November 2020 Shootings

As alleged, on November 7 and 9, 2020, Agoro, Bailey, Battice, Destine, Fremont, Hepburn, Lima and Thompson engaged in four separate drive-by shootings in Canarsie, Prospect Park South, and Brownsville, during which three victims were wounded.  In the first November 7 shooting, Agoro, Bailey, Battice, Fremont and Thompson drove to Canarsie, where they shot at a group of individuals.  The defendants then drove back to Thompson’s residence, before setting out again for a second shooting in Canarsie, during which two individuals were wounded in their legs.  On November 9, 2020, Agoro, Destine, Hepburn and Thompson drove to Prospect Park South, where they shot at a group of individuals but did not hit anyone.  Later that same day, Agoro, Fremont, Hepburn, Lima and Thompson drove to Brownsville for another shooting, where one victim was shot in the shoulder and grazed in her back. 

These indictments are part of a coordinated effort to dismantle the Brooklyn sets of GD and their leadership by federal and state authorities, including the United States Attorney’s Office for the Eastern District of New York, the KCDA, the Joint FBI-NYPD Safe Streets Task Force, and the NYPD’s Gun Violence Suppression Division.  As part of the federal-state initiative, the United States Attorney’s Office for the Eastern District of New York and the KCDA have brought multiple prosecutions against members and associates of GD.

The charges in the indictments are allegations, and the defendants are presumed innocent unless and until proven guilty.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

HRA SUPERVISOR AND BROOKLYN RESIDENT CHARGED TODAY IN CONNECTION WITH STEALING FUNDS FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (“SNAP”)

 

 Margaret Garnett, Commissioner of the New York City Department of Investigation (“DOI”), announced the arrest of a Principal Administrative Associate with the City Human Resources Administration (“HRA”) and a Brooklyn resident in connection with the fraudulent issuing and use of Supplemental Nutrition Assistance Program (“SNAP”) benefits. DOI worked in partnership with the Brooklyn District Attorney’s Office, which is prosecuting this matter

The following individuals were arrested and charged by criminal complaint: 

TA’CHELLE CARTER, 50, of Queens Village, N.Y., and a Principal Administrative Associate employed by HRA, and PAUL COLEMAN, 62, of Brooklyn, N.Y., were each charged, while acting in concert with each other, with one count of Grand Larceny in the Third Degree, a class D felony; eight counts each of Falsifying Business Records in the First Degree and Offering a False Instrument for Filing in the First Degree, both class E felonies; and one count of Petit Larceny, a class A misdemeanor

Upon conviction, a class D felony is punishable by up to seven years in prison, a class E felony by up to four years in prison, and a class A misdemeanor by up to a year’s incarceration. 

CARTER has been employed with HRA since October 2005, is currently a Principal Administrative Associate, and in July 2021 was placed on modified duty without access to HRA’s databases as a result of the DOI investigation. She is currently not supervising anyone. During the alleged conduct, CARTER’s position allowed her to authorize and issue SNAP benefits, cash assistance and other forms of assistance to HRA clients and to supervise HRA employees responsible for issuing such benefits. She receives an annual salary of approximately $61,000, and was suspended upon her arrest.

DOI Commissioner Margaret Garnett said, “These allegations demonstrate how one government insider who chooses to break the rules can do harm – here, by diverting valuable funds from being used for eligible individuals in need. New York City expects that its employees will perform their duties with integrity and administer government programs to benefit the intended recipients, not themselves. DOI was pleased to work with the Brooklyn District Attorney’s Office on this investigation.” 

Brooklyn District Attorney Eric Gonzalez said, “SNAP benefits are meant to aid our neighbors who are struggling and in need of assistance. This defendant, a New York City employee, allegedly abused her position of trust to illegally obtain cash benefits for herself and her co-defendant. We will now seek to hold them accountable for this alleged theft.” 

According to the criminal complaint and the investigation, CARTER’s position at HRA gave her access to HRA databases, which permitted her to authorize and issue SNAP and other benefits. COLEMAN applied for and obtained an active SNAP case in November 2014. The investigation found that a month before that date,

CARTER became the authorized representative for COLEMAN’s HRA case. Obtaining authorized representative status allowed CARTER to apply and recertify for SNAP benefits on COLEMAN’s behalf, use COLEMAN’s Electronic Benefits Transfer (“EBT”) card, and permitted CARTER to obtain an EBT card in her name on COLEMAN’s account. CARTER caused HRA benefits to be issued to COLEMAN’s EBT account in the amount of $22,501 between June 1, 2015 and March 31, 2021. HRA records and video surveillance showed that the defendants used COLEMAN’s EBT card to make purchases at various New York City stores between November 2019 and January 2021. The investigation also found that COLEMAN failed to report to HRA income from his employment as a porter at two different companies between 2015 and 2020, where he received annual income of between $29,666 and $35,803; and that the unreported income would have made him ineligible to receive SNAP benefits between June 1, 2015 and March 31, 2021. The investigation found that CARTER authorized COLEMAN’s HRA case with COLEMAN’s knowledge and without permission or authority from HRA and in violation of HRA’s Code of Conduct. The investigation also found that COLEMAN signed the original HRA application and subsequent recertifications.

Commissioner Garnett thanked Brooklyn District Attorney Eric Gonzalez, and his staff, for their partnership on and prosecution of the case. Commissioner Garnett also thanked HRA Commissioner Steven Banks for his and his staff’s cooperation in this investigation.

A criminal complaint is an accusation. Defendants are presumed innocent until proven guilty. 

146 Days and Counting

 

I have interrupted my vacation to come back to the city to check on the heat emergency, COVID-19 indicators, Governor Cuomo resigning, and questions about my run for governor next year. 

Everyone should take precautions as the temperature today and Friday will reach close to One-Hundred degrees. While the COVID-19 indicators continue to rise, they are still under the safe level. Schools should open on time in September, and there will be no more snow days as we can now go remote with learning. 

As for new Governor Hochul, we worked very little together, as King Cuomo tried to control everything in New York State, and Lt. Governor Hochul was not in his inner circle. The governor had her traveling all around the state making him look better. I will work with Governor Hochul to help the city and state beat this COVID-19, and help our city and state. Andrew Cuomo should not hold any political office in the future. No comment on any run for governor now.

NYS Office of the Comptroller DiNAPOLI ANNOUNCES MORE CLIMATE ACTIONS; NYS PENSION FUND LAUNCHES EVALUATION OF SHALE OIL AND GAS COMPANIES

 

Fund Also Divests From Five Additional Coal Producers

 The New York State Common Retirement Fund (Fund) is evaluating 42 publicly traded shale oil and gas companies to determine if they are prepared for the transition to a low-carbon economy, New York State Comptroller Thomas P. DiNapoli, trustee of the third largest public pension plan in the country, announced today. The Fund also restricted investments in five more coal producers, adding those companies to the list of 22 that the Fund divested from in 2020.

“A low-carbon economy is already becoming a reality and companies that aren’t prepared for it could pay a heavy financial cost,” DiNapoli said. “Shale oil and gas companies face significant economic, environmental and regulatory challenges. We will carefully review these companies and may restrict investments in those that do not have viable plans to adapt.”

Today’s actions come as part of DiNapoli’s comprehensive Climate Action Plan to mitigate investment risks posed by climate change and ultimately transition the Fund’s investment portfolio to net zero greenhouse gas emissions by 2040.

Review of Shale Oil and Gas Companies
Shale oil and gas companies under review are those that derive over 10% of their revenue from crude oil and gas production from shale. Included on the list are major energy companies including Marathon Oil Corp., ConocoPhillips and Hess Corp.

Shale rock deposits containing reserves of crude oil and natural gas are found in the United States and in other regions around the world. Companies that produce oil and gas from shale face financial risks from diminishing cost competitiveness, increasing climate regulation, and declining fossil fuel demand.

The Fund has requested that each of the 42 shale oil and gas companies provide additional information, within 60 days, to demonstrate how they are developing, adopting, or implementing, low-carbon transition strategies.

Restricted Investments

DiNapoli also announced the Fund would restrict investments in the following coal producers: New Hope Corp., PT Indo Tambangraya Megah Tbk, Semirara Mining and Power Corp., Shanxi Coking Coal Energy Group Co. and Whitehaven Coal Ltd.

The Fund will not directly purchase or directly hold debt or equity securities, or invest through an actively managed account or vehicle, in these coal companies, and approximately $1.8 million in such securities currently held by the Fund will be sold in a prudent manner and timeframe.

This follows DiNapoli’s 2020 review of coal companies that led to divestment from 22 firms that failed to demonstrate transition readiness. The Fund annually reviews the universe of companies that derive 10% of their revenues from thermal coal mining and these additional companies did not demonstrate transition readiness.

Earlier this year, the Fund announced it would restrict investments in seven oil sands companies after conducting its initial transition readiness assessment.

Background on DiNapoli’s Climate Investment Actions

Since taking office in 2007, DiNapoli has been recognized as a global leader for his efforts to protect the Fund’s investments, address material risks from climate change and pursue sustainable investment opportunities for the Fund. In 2019, DiNapoli released a Climate Action Plan, a multi-faceted strategy that includes a goal of committing $20 billion to sustainable investments, dedicated staff to pursue climate solution investments, and minimum standards for portfolio companies that will inform engagements, investments and potential divestment decisions. Building on the Climate Action Plan’s solid foundation, in December 2020, DiNapoli announced the Fund has adopted a goal to transition its portfolio to net zero greenhouse gas emissions by 2040.

Background on New York State Common Retirement Fund

The New York State Common Retirement Fund is the third largest public pension fund in the United States with assets of approximately $254.8 billion as of March 31, 2021. The Fund holds and invests the assets of the New York State and Local Retirement System on behalf of more than one million state and local government employees and retirees and their beneficiaries. It has consistently been ranked as one of the best managed and best funded plans in the nation.