Attorney General James Announces Indictment of Bronx Clinic Owner for Stealing More Than $4 Million from New York Taxpayers

 

Leslie Montgomery Indicted for Offering Fake Affordable Housing Assistance to Scam

Low-Income New Yorkers Into Revealing Personal Information to Illegally Profit Off of Medicaid

New York Attorney General Letitia James today announced the indictment of Leslie Montgomery, 50, of the Bronx for defrauding New York state out of millions of dollars in false Medicaid claims. Montgomery — who did business as Healthy Living Community Center (Healthy Living) and owned LCM Livery P/U, Inc. (LCM Livery) — allegedly scammed individuals and taxpayers through an elaborate scheme, whereby Montgomery advertised a fake housing assistance program to lure low-income New Yorkers into providing their personal information, including their Medicaid numbers. Montgomery then used that personal information to submit false claims for custom-molded back braces to MetroPlus Health Plan, Inc. (MetroPlus), a Medicaid-funded managed care organization, for braces that were not needed and never ordered by patients. Montgomery is accused of stealing more than $4 million from the illegal scheme.

“Cheating taxpayers by preying on vulnerable New Yorkers is disgraceful and unacceptable,” said Attorney General James. “This alleged scheme took advantage of those most in need, baiting individuals with fake promises of affordable housing, only to use their personal information to steal more than $4 million from taxpayers. This fraud will not go unchecked. We will go after anyone who steals from New Yorkers.”

In the indictment, the Office of the Attorney General’s (OAG) Medicaid Fraud Control Unit (MFCU) alleges that Montgomery regularly used social media to advertise a sham housing assistance program as a ruse to lure low-income New Yorkers to Healthy Living. Healthy Living then required New Yorkers to divulge personally identifiable information — including their Medicaid numbers — in order to qualify for the purported program. But instead of helping New Yorkers find housing, Montgomery used their personal information to submit false claims to MetroPlus for highly customized back braces that she never provided to the Medicaid recipients. From time to time, Montgomery provided a $20 “off-the-shelf” back brace that was mailed directly from Amazon to the recipient. However, most of the time, she provided no brace at all, yet still billed MetroPlus between approximately $750 and $1,550 per back brace. Altogether, Montgomery is accused of pocketing more than $4 million from the scheme.  

The indictment — filed in Bronx County State Supreme Court — charges Montgomery with one count of Grand Larceny in the First Degree, a class B felony; one count of Health Care Fraud in the First Degree, a class B felony; one count of Money Laundering in the First Degree, a class B felony; and five counts of Identity Theft in the First Degree, a class D felony. In addition to the charges against Montgomery, LCM Livery is also charged with one count of Money Laundering in the First Degree. If convicted on the top charge, Montgomery could face up to 25 years in state prison.

In conjunction with the criminal case, the OAG has also filed a civil complaint against Montgomery, LCM Livery, and other companies owned and controlled by Montgomery. The complaint — which asserts violations of New York’s False Claims Act, Section 145-b of New York’s Social Services Law, and other causes of action — seeks to recover millions of dollars in Medicaid money obtained by these defendants as a result of their fraudulent conduct. 

The charges against the defendants are accusations, and the defendants are presumed innocent unless, and until, proven guilty in a court of law. 

The OAG wishes to thank the New York state Department of Health, the Office of the Medicaid Inspector General, and MetroPlus for their assistance and cooperation in this investigation.  

Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online on the OAG website or by calling the MFCU hotline at (800) 771-7755. If the situation is an emergency, please call 911.

MFCU’s total funding for federal fiscal year (FY) 2021 is $53,413,761. Of that total, 75 percent — or $40,060,324 — is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent of the approved grant — totaling $13,353,437 for FY 2021 — is funded by New York state. Through its recoveries in law enforcement actions, MFCU regularly returns more to the state than it receives in state funding.

City Agencies Secure Financing To Complete ‘Casa Celina’ Affordable Housing Project In Soundview, The Bronx

 

New York City Public Housing Authority (NYCHA), the NYC Department of Housing Preservation and Development (HPD), and the NYC Housing Development Corporation (HDC) have finalized a major construction financing package to complete a 205-unit affordable housing development in The Bronx. Located in the borough’s Soundview neighborhood, the building will debut as Casa Celina, named after Justice Sonia Sotomayor’s mother Celina Baez.

The building will take shape on a NYCHA-owned site at the corner of Watson and Thieriot Avenues and is the latest addition to a housing complex named after Justice Sotomayor. The combined financing deal is valued at $245 million, a portion of which will also fund construction of Atrium at Sumner, a forthcoming affordable housing property in Bedford-Stuyvesant, Brooklyn.

“Casa Celina and Atrium promise to be thriving communities with seniors receiving the support they need to prosper,” said HPD commissioner Louise Carroll. “These nearly 400 new affordable senior homes, to be built across two communities in the Bronx and Brooklyn, are the result of an incredible team effort with the New York City Housing Authority and our development and supportive housing partners.”

The property will house 158 studio apartments and 46 one-bedroom apartments, plus one two-bedroom unit for a live-in superintendent. A total of 62 apartments will be set aside for homeless seniors. The remaining 142 apartments available to households earning at or below 50 percent area median income. NYCHA residents will be given preference for 36 of the apartments at Casa Celina.

Designed by Magnusson Architecture + Planning, the 16-story building also contains a 1,725-square-foot ground-floor community space offering social support, health services, and cultural programming. The facility will be operated by Jewish Association Serving the Aging (JASA), which will also manage the building.

Residential amenities will include a fitness center, a landscaped roof terrace, communal lounge areas, and a laundry room. Additionally, bright resident lounges on each floor create a vertical network of social spaces, helping to prevent isolation for residents living alone.

Permanent financing for the $113 million project at Casa Celina includes $43 million in HDC bonds, $7.7 million in HDC extremely low and low-income affordability subsidies, $52.7 million in low income housing tax credit equity, and $9.9 million from other unspecified sources.

Additional members of the development team include Xenolith Partners, The Kretchmer Companies, and ELH Management. Mountco will serve as the project’s general contractor.

“The Casa Celina development team often hears of the desperate demand for quality, affordable senior housing,” said Andrea Kretchmer, principal at Xenolith Partners LLC. “We are now one step closer to helping to meet that need in a beautiful, sustainably designed building with high-quality services to be offered by the JASA, the city’s premier senior service agency.”

138 Days and Counting- Heil De Blasio

 

Heil De Blasio: 'You will get vaccinated, and carry your papers that show your vaccination or else'.

As a reporter I thought I would never see this day, which reminds me of the films of Nazi Germany. American citizens are being forced to get vaccinated or lose their privileges to go almost anywhere. If you thought King Cuomo was bad with his lockdown, this is worse because Hitler de Blasio is forcing people to take a vaccine, that does not have full FDA approval, it was given experimental use only. 

In my case I caught the COVID virus coming home on the subway coming home from a Mayoral press conference the first week of March 2020. Now 18 month later I have been told by two of de Blasio's top doctors, Dr. Chokshi Commissioner of the NYCDOH, and Dr. Katz the head of HHC that I am now immune to the COVID virus. Dr. Chokshi said that he would like me to get the vaccine, and Dr. said I don't need to be vaccinated. 

Mayor de Blasio are your doctors correct in saying that I am immune to the virus, and don't need to be vaccinated, or are your two top doctors who have been advising you during this health crisis wrong?

Pelham Parkway Neighborhood Association: Back to School Giveaway Sunday August 29th 1 PM

 

Pelham Parkway Neighborhood Association:

It's that  time of the year again  as the Pelham Parkway Neighborhood Association  in partnership with the Albanian American Open Hand Association has the community covered with our annual School Supply  giveaway on Sunday August  29th starting at 1:00 pm . There will be school supplies such as  note books, pencils, pens and book bags (while supplies last) All children must be accompanied  by a parent  or guardian. 

This will be held at 2134 Barnes Avenue ,corner of Lydig Avenue. We look foward to seeing you. 

 

Senator Biaggi's Week in Review: 8/16/21-8/20/21

 

Dear Community,

New York currently faces a dire housing crisis, and this crisis has only been further exacerbated in the last few weeks. On August 12th, the United States Supreme Court blocked part of New York State’s eviction moratorium, which is set to expire on August 31st, 2021. The court order “stressed that it applied only to a provision that bars the eviction of tenants who file a form saying they have suffered economic setbacks as a result of the pandemic, rather than providing evidence in court,” according to the New York Times. This decision means that courts may accept eviction filings from landlords until the Legislature reconvenes to pass a new moratorium, further putting tenants at risk of being displaced from their homes and experiencing homelessness. 

Prior to the Supreme Court ruling, Assemblymember Yuh-Line Niou and I introduced legislation this month to extend New York’s eviction moratorium to October 31st, 2021. I believe that given the recent Supreme Court ruling on New York’s eviction moratorium, the surge in the Delta variant, and the failure of the Emergency Rental Assistance Program to properly distribute funds, it is absolutely necessary for the Legislature to reconvene immediately to strengthen and extend New York’s moratorium. 

Although the Emergency Rental Assistance Program opened to the public in June, not a single payment was distributed that month and as of August 12th, only $108.8 million of the $2.7 billion of available funds have been distributed to those in need-- a pace significantly slower than other states. The Emergency Rental Assistance Program’s failure to properly distribute funds has put the livelihoods of rent-burdened New Yorkers at risk, and by extending the eviction moratorium, we can provide relief to these struggling New Yorkers. 

I am urging leadership in the Legislature to reconvene and vote to strengthen and extend the eviction moratorium immediately. As legislators, we must do everything in our power to prevent families from losing their homes and experiencing the trauma that ensues after an eviction.

With Gratitude,

State Senator Alessandra Biaggi

United States Recovers Over $1.4 Million From Four Additional Responsible Parties For The Release Of Mercury In The Village Of Rye Brook

 

Defendants Agree to Pay $1,412,255 in Clean-up Costs and Accept Responsibility in Consent Decree

 Audrey Strauss, United States Attorney for the Southern District of New York, and Walter Mugdan, Acting Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against E.I. DUPONT DE NEMOURS AND COMPANY (“DuPont”), D & D SALVAGE CORPORATION (“D & D”), OXY USA INC. (“Oxy”), and W.A. BAUM COMPANY, INC. (“W.A. Baum”) (collectively, the “Defendants”), and has simultaneously filed a consent decree settling the lawsuit.  In the complaint, brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (“CERCLA”) – commonly known as the Superfund statute – the United States alleged that the Defendants arranged for the disposal or treatment of mercury by Port Refinery, Inc. (“Port Refinery”), a mercury refining business in the Village of Rye Brook, New York, which led to releases of mercury into the environment.  The consent decree provides for a combined payment of $1,412,255 by the Defendants for costs incurred by EPA in conducting clean-up activities at the site.

U.S. Attorney Audrey Strauss said: “DuPont, D & D, Oxy, and W.A. Baum contributed to contamination in a residential community by arranging for the treatment or disposal of over 7,000 pounds of toxic mercury, and now each is paying a share of the costs that EPA had to incur to clean up this site.  This Office will continue to hold responsible parties accountable for their share of the costs at the site.”

EPA Acting Regional Administrator Walter Mugdan said: “EPA is recovering more than $1.4 million that the Agency spent to clean up mercury pollution released in the Village of Rye Brook, and that is good news for taxpayers as we are holding the polluter responsible for the cost.  The funds can be put back into the Superfund to assist with cleanup of other sites. This case shows that EPA can take immediate action to protect people while still holding polluters responsible by recovering some of the money down the road.  We don’t have to choose between protecting people and taking appropriate legal action – they go hand-in-hand.”

As alleged in the complaint filed yesterday in White Plains federal District Court, each of the Defendants arranged for Port Refinery’s treatment or disposal of used, surplus, or scrap mercury and mercury-containing materials at the Site.  Port Refinery’s treatment and processing of mercury sent by the Defendants and other parties led to extensive releases of mercury into the environment, necessitating two separate clean-up actions by EPA.  In connection with the second clean-up, EPA incurred costs at the Site for investigative and removal activities, including, among other things, excavating and disposing of more than 9,300 tons of mercury-contaminated soil from the site.

In the consent decree filed yesterday, the Defendants admit and accept responsibility for the following:

• EPA has determined that from the 1970s through the early 1990s, Port Refinery engaged in, among other things, the business of mercury reclaiming, refining, and processing.
• Port Refinery operated in the Village of Rye Brook out of a two-story garage bordered by private residences on its south, east, and west sides.
• EPA has determined that Port Refinery took virtually no environmental precautions or safety measures during its mercury refinement process.
• EPA has determined that Port Refinery released a significant amount of mercury into the environment, contaminating the Site.
• EPA has determined that mercury from the Defendants’ mercury-containing products was comingled at the Site and contributed to the mercury released into the environment.

Moreover, in the consent decree each Defendant admits and accepts responsibility for directly or indirectly delivering mercury to Port Refinery as follows:

• DuPont delivered 3,291 pounds of mercury, which included virgin, unused, scrap, used, and contaminated mercury, to Port Refinery during Port Refinery’s period of operations.
• D & D delivered 2,150 pounds of scrap mercury to Port Refinery during Port Refinery’s period of operations.
• Oxy sold 190 pounds of surplus mercury and mercury-containing materials to a third-party scrap dealer during Port Refinery’s period of operations, and EPA has determined that those surplus mercury and mercury-containing materials came to be located at the Site.
• W.A. Baum delivered 1,425 pounds of “dirty” mercury to Port Refinery during Port Refinery’s period of operations.

Pursuant to the consent decree, the Defendants will pay a total of $1,412,255 in costs incurred by EPA, consisting of $658,639 to be paid by DuPont, $430,352 to be paid by D & D, $38,031 to be paid by Oxy, and $285,233 to be paid by W.A. Baum.

This lawsuit is the United States’ sixth lawsuit against responsible parties to recover clean-up costs for the second clean-up at the Site.  With this settlement, the United States has recovered a total of $2,382,137 from responsible parties. 

The consent decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval, to provide public notice and to afford members of the public the opportunity to comment on the consent decree.

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

 

55,856 Vaccine Doses Administered Over Last 24 Hours

17 COVID-19 Deaths Statewide Yesterday

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

"New Yorkers who have not yet received their vaccination are leaving themselves, their communities, and their loved ones at heightened risk of contracting COVID, especially with the ongoing spread of the Delta variant," Governor Cuomo said. "We have made so much progress thus far and now is not the time to rest. There are no more excuses - the vaccine is safe, effective and free. If you haven't already, now is the time get vaccinated as soon as possible."

 
Today's data is summarized briefly below:

·         Test Results Reported - 169,710
·         Total Positive - 5,138
·         Percent Positive - 3.03%
·         7-Day Average Percent Positive - 3.15%
·         Patient Hospitalization - 1,937 (+49)
·         Patients Newly Admitted - 303
·         Patients in ICU - 391 (+10)
·         Patients in ICU with Intubation - 169 (+12)
·         Total Discharges - 189,854
·         Deaths - 17
·         Total Deaths - 43,318
·         Total vaccine doses administered - 23,076,850
·         Total vaccine doses administered over past 24 hours - 55,856
·         Total vaccine doses administered over past 7 days - 320,484
·         Percent of New Yorkers ages 18 and older with at least one vaccine dose - 75.1%
·         Percent of New Yorkers ages 18 and older with completed vaccine series - 68.5%
·         Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 77.9%
·         Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 70.2%
·         Percent of all New Yorkers with at least one vaccine dose - 63.2%
·         Percent of all New Yorkers with completed vaccine series - 57.2%
·         Percent of all New Yorkers with at least one vaccine dose (CDC) - 65.6%
·         Percent of all New Yorkers with completed vaccine series (CDC) - 58.6%

COUNCIL MEMBER DINOWITZ AND ASSEMBLYMAN DINOWITZ CALL FOR REMOTE LEARNING OPTION

 

Assemblyman Jeffrey Dinowitz and Council Member Eric Dinowitz are urging the NYC Department of Education to offer a centralized remote learning option for students who are unable to be vaccinated because of medical reasons.

  As New York families prepare to start the school year on September 13, a pair of legislators from the north and northwest Bronx are calling for a remote learning option to accommodate students who are medically unable or ineligible to be vaccinated against the COVID-19 pandemic. Council Member Eric Dinowitz and Assemblyman Jeffrey Dinowitz have sent a joint letter to NYC Department of Education Chancellor Meisha Porter requesting that a centralized remote learning option be made available solely for students who are either too young to be vaccinated or have legitimate medical reasons to not be vaccinated, such as those who are undergoing chemotherapy or who have compromised immune systems.

 

The letter calls for a centralized remote learning option, as opposed to tasking individual schools with simultaneously operating in-person and remote classrooms. It also specifies that remote learning should not be offered to families who simply choose to not vaccinate out of personal or philosophical objection.

 

The NYC Department of Education has thus far refused to offer any option for these families, despite the COVID-19 vaccine only being available for people aged twelve and older. There are multiple large public school districts across the United States that are offering some form of online learning, including Los Angeles, Chicago, and Philadelphia, among others.

 

New York City is experiencing a rise in COVID-19 infection rates, now averaging more than 2,000 new cases per day, as the highly infectious delta variant has fully taken hold.

 

Assemblyman Jeffrey Dinowitz said: “I absolutely believe that everyone who is medically able to be vaccinated should do so, and I am not interested in providing alternative options to those who simply are choosing not to get the vaccine. But the reality is that many children are not able to protect themselves from this deadly pandemic because they are too young or have legitimate medical issues. Our city has an obligation to provide a safe public education to these students too, and I believe the appropriate solution here is to offer a centralized remote learning option. I urge Mayor de Blasio and Chancellor Porter to reconsider their current opposition to a remote learning option for our students.”

 

Council Member Eric Dinowitz said: “It is reassuring to know that the Department of Education is taking meaningful steps to facilitate the return to in-person learning. However, students under 12 and children that are unable to receive the vaccine due to medical reasons are not being fully considered in this process. There has been enough time for the DOE to create a centralized remote learning option to accommodate these students. This becomes increasingly urgent as the rise in Delta variant cases accelerates. With all the lessons we’ve learned from the pandemic, we know that Mayor de Blasio and Chancellor Porter can ensure that no child is left out by offering a centralized remote option.”