Book Bag, Mask, Sanitizer, and Information Giveaway at Pelham Parkway Houses By Elected Officials

 

It was a beautiful, very hot Wednesday afternoon, and the event was billed as the Congresswoman Alexandria Ocasio-Cortez and City Council presumed winner of the 13th City Council District Book Bag, Face Mask, Hand Sanitizer, and Information Giveaway at the Pelham Parkway Houses on Astor Avenue. There was also to be a food giveaway, but the delivery was postponed to a later date in the near future.

Three hundred book bags were given out in little over an hour, and boxes of face masks and hand sanitizer also went quickly. With the events going on in the world and state the elected officials were either in Washington as was the case for Congresswoman Ocasio-Cortez, or in Albany with the new governor as was the case with Assemblywoman Nathalia Fernandez, and State Senator Biaggi, but representatives of the two state legislators were at the event.

The event was scheduled to run from 11 AM through 4 PM, but by 12:30 all the book bags were given out, and only some face masks and hand sanitizer was left. There were some very happy children, and relieved parents that their child had a new book bag for school. The area where the event was held was spotless, as at the Pelham Parkway houses the staff works very hard to keep it clean.

 Adrienne stands ready to hand out a book bag to the next child on line. 

Children waited on a line to receive the book bag of their choice. In the hands of some of the children are face masks and hand sanitizer they picked up at the first table.

The children all loved the way Adrienne listened to them.

Keysdna, Lismary, and Lewis try on their book bags that fit great.

Oscar Grant of the Pelham Parkway Houses with Jerimia, Jaden, and Jayden.

Three hundred book bags were given out, and only some face masks and hand sanitizer were left, with plenty of informational flyers, by 12:30 PM. The food that was also to be given out did not arrive, and will be given out at another time in the near future.

Justice Department Approves Remission of Over $32 Million in Forfeited Funds to Victims in the FIFA Corruption Case

 The Department of Justice announced that it will begin the process of remitting forfeited funds to FIFA, the world organizing body of soccer; CONCACAF, the confederation responsible for soccer governance in North and Central America, among other regions; CONMEBOL, the confederation responsible for soccer governance in South America; and various constituent national soccer federations (collectively, the “Victims”).  The Department granted a joint petition for remission filed by the Victims, recognizing losses and granting remission up to a total of more than $201 million, of which $32.3 million in forfeited funds has been approved for an initial distribution. In total, well over the amount granted has been seized and has been or is expected to be forfeited to the United States in the Eastern District of New York as part of the government’s long-running investigation and prosecution of corruption in international soccer. 

To date, the prosecutions have resulted in charges against more than 50 individual and corporate defendants from more than 20 countries, primarily in connection with the offer and receipt of bribes and kickbacks paid by sports marketing companies to soccer officials in exchange for the media and marketing rights to various soccer tournaments and events.

This announcement is the beginning of the process for returning funds to the victims of the FIFA bribery scandal and marks the Department’s continued commitment to ensuring justice for those victims harmed by this scheme.

Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Ryan L. Korner, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, made the announcement.

“This announcement confirms that money stolen by corrupt soccer officials and sports marketing executives through fraud and greed will be returned to where it belongs and used to benefit the sport,” stated Acting United States Attorney Kasulis.  “From the start, this investigation and prosecution have been focused on bringing wrongdoers to justice and restoring ill-gotten gains to those who work for the benefit of the beautiful game.  Our Office, together with our law enforcement partners, will always work to compensate victims of crime.”

“The approval of this remission of funds illegally obtained in the FIFA scandal marks another important milestone in these prosecutions and the department’s commitment to use all tools at its disposal to prosecute corruption and to deprive perpetrators of ill-gotten gains,” stated Assistant Attorney General Polite. “This remission highlights the importance of asset forfeiture as a critical tool for the recovery of criminal proceeds and the pursuit of justice.”

“Kickbacks and bribes have a way of spreading like a disease through corrupt groups; pure and simple greed keeps the graft going.  Not one official in this investigation seemed to care about the damage being done to a sport that millions around the world revere.  The only silver lining is the money will now help underprivileged people who need it, not the wealthy executives who just wanted it to get richer.  Our work isn’t finished, and our promise to those who love the game – we won’t give up until everyone sees justice for what they’ve done,” stated FBI Assistant Director-in-Charge Driscoll.

“For years, corrupt soccer officials and greedy sports marketing executives engaged in dozens of multimillion-dollar bribe and kickback schemes,” said Special Agent-in-Charge Ryan L. Korner of the IRS-Criminal Investigation (IRS-CI).  “These individuals and companies lined their pockets with millions that were supposed to be used for the development and betterment of soccer worldwide. Agents with IRS-CI and their partners at the U.S. Attorney’s Office and the FBI relentlessly pursued this corruption and seized these ill-gotten gains.  Now these funds can be used as they were intended, to promote and develop the world’s most popular game.”

On May 27, 2015, an indictment was unsealed charging 14 FIFA officials and sports marketing executives with racketeering, honest services wire fraud and money laundering offenses, among others.  On December 3, 2015, a superseding indictment was unsealed charging an additional 16 FIFA officials with similar crimes.  Additional defendants were later charged by indictment and information.  During the course of the prosecutions to date, 26 individual defendants have pleaded guilty for their roles in the charged crimes.  In December 2017, two former FIFA officials, Juan Ángel Napout of Paraguay and José Maria Marin of Brazil, were convicted after trial of racketeering conspiracy and related offenses.  Four corporate entities have pleaded guilty and others, including banking institutions, have acknowledged their roles in criminal conduct through deferred prosecution or non-prosecution agreements.  The government’s prosecutions and investigation are ongoing.

As part of these proceedings, many of the defendants were ordered to forfeit assets obtained through their criminal activity.  Under federal law, the Department of Justice has the authority to distribute the proceeds of forfeited assets through the remission process to victims of crimes, including to the soccer organizations that employed and were defrauded by the corrupt soccer executives. 

FIFA, CONCACAF and CONMEBOL have committed to distributing funds received through the remission process to and through a newly created World Football Remission Fund (the “Fund”), to be established under the FIFA Foundation, an independent foundation focused on youth programs, community outreach and humanitarian needs.  The terms of the Fund provide for oversight and independent audit measures to ensure remitted funds are distributed appropriately.    

Attorneys And Doctors In New York Charged With Defrauding Businesses And Insurance Companies Of More Than $31 Million Through Trip-And-Fall Fraud Scheme

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging GEORGE CONSTANTINE, MARC ELEFANT, ANDREW DOWD, and SADY RIBEIRO with conspiracy to commit mail and wire fraud, mail fraud, and wire fraud in connection with a scheme to obtain fraudulent insurance reimbursements and other compensation for fraudulent trip-and-fall accidents.  ELEFANT, DOWD, and RIBEIRO were arrested earlier this morning and will be presented today before United States Magistrate Kevin Nathaniel Fox in Manhattan federal court.  CONSTANTINE is expected to surrender and be presented in Manhattan federal court tomorrow.  The case has been assigned to United States District Judge Loretta A. Preska.

Manhattan U.S. Attorney Audrey Strauss said: “As alleged, the defendants abused their professional licenses and positions of trust to steal millions of dollars from New York City businesses and their insurance companies through a massive trip-and-fall fraud scheme.  In carrying out the scheme, the defendants allegedly preyed upon the most vulnerable members of society.  Now, thanks to the FBI, the defendants are in custody and facing federal charges.”

FBI Assistant Director-in-Charge Michael J. Driscoll said: “The scheme allegedly carried about by the defendants charged today highlights the extent to which some are willing to go in the name of money.  Licensed attorneys are well aware of their obligation to uphold the law.  As we allege today, they did just the opposite, stealing from business owners and preying upon other vulnerable victims who were coerced into risking their own personal health and safety.  This alleged conduct is beyond reprehensible, and something we won’t let people get away with.”

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

From in or about January 2013, up to and including in or about April 2018, the defendants engaged in an extensive fraud scheme through which the defendants defrauded businesses and insurance companies by staging trip-and-fall accidents and filing fraudulent lawsuits arising from those staged trip-and-fall accidents.  In or about 2015, certain members of the fraud scheme split from the original conspiracy and formed a separate conspiracy that operated in substantially the same manner.  GEORGE CONSTANTINE was the primary attorney who filed fraudulent lawsuits in the original conspiracy starting in 2013.  MARC ELEFANT was the primary attorney who filed fraudulent lawsuits in the separate conspiracy, formed in or about 2015.

Fraud scheme participants recruited individuals (the “Patients”) to stage or falsely claim to have suffered trip-and-fall accidents at particular locations throughout the New York City area (the “Accident Sites”).  In the course of the fraud scheme, scheme participants recruited more than 400 Patients.  In the beginning, scheme participants would instruct Patients to claim they had tripped and fallen at a particular location, when in fact the Patients had suffered no such accidents.  Eventually, at the direction of the lawyers who filed fraudulent lawsuits on behalf of the Patients, scheme participants began to instruct Patients to stage trip-and-fall accidents, i.e., to go to a location and deliberately fall.  Common Accident Sites used during the fraud scheme included cellar doors, cracks in concrete sidewalks, and purported “potholes.”

After the staged trip-and-fall accidents, Patients were referred to specific attorneys, including GEORGE CONSTANTINE and MARC ELEFANT, who would file personal injury lawsuits (the “Fraudulent Lawsuits”) against the owners of the Accident Sites and/or insurance companies of the owners of the accident sites (the “Victims”).  The Fraudulent Lawsuits did not disclose that the Patients had deliberately fallen at the accident sites or, in some cases, had not fallen at all.  During the course of the fraud scheme, the defendants, together with others known and unknown, attempted to defraud the Victims of more than $31,000,000.

The Patients were also instructed to receive ongoing chiropractic and medical treatment from certain chiropractors and doctors, including ANDREW DOWD and SADY RIBEIRO.  The fraud scheme participants advised the Patients that if they intended to continue with their lawsuits, they were required to undergo surgery.  As an incentive to getting surgery, the recruited Patients were offered a payment of typically between $1,000 and $1,500 after they completed surgery (“Post-Surgery Payments”).  Patients generally were told to undergo two surgeries.

Doctors in the fraud scheme, including DOWD and RIBEIRO, were expected to, and in fact did, conduct these surgeries regardless of the legitimate medical needs of the Patients.  For example, in a March 2016 email, before DOWD examined the shoulder of a particular Patient who had staged a trip-and-fall accident (“Patient-2”), one of the scheme organizers asked DOWD to “write us an additional report today stating that [Patient-2’s] Lt. shoulder has worsened [so that I can] book this surgery for you.”  DOWD provided the requested report and recommended that Patient-2 undergo arthroscopic surgery. 

Likewise, in an August 2015 email from RIBEIRO to the owner of a litigation funding company, in which RIBEIRO described the services that he performed, RIBEIRO wrote, “I will play very honest ‘game’ with you . . . I see the patient and I generate a very good dictation that justifies the treatment-there is a cost for that and I hope a profit.”

Members of the fraud scheme often recruited individuals who were extremely poor as Patients – individuals desperate enough to submit to surgeries in exchange for the small Post-Surgery Payments.  For example, it was common for Patients to ask for food when they would appear for their intake meetings with the lawyers.  Many of the Patients did not have sufficient clothing to keep them warm during the wintertime and had poor-quality shoes.  Members of the fraud scheme also recruited Patients who were drug addicts.  It was also common for scheme participants to recruit Patients from homeless shelters in New York City.

The Patients’ legal and medical fees were usually paid for by litigation funding companies (the “Funding Companies”), even if the Patient maintained medical coverage through an insurance company or a government-subsidized program.  The Funding Companies also paid the fraud scheme organizers and participants referral fees, typically $1,000 to $2,500, for each Patient who signed a funding agreement.  In exchange for funding Patients’ medical and legal costs, the Funding Companies charged the Patients high interest rates, sometimes up to 50% on medical loans and up to 100% on personal loans.  The interest rates were so high that oftentimes the majority (if not all) of the proceeds that were awarded in the Fraudulent Lawsuits were paid to the Funding Companies, CONSTANTINE, ELEFANT, DOWD, RIBEIRO, and others, with the Patients receiving a much smaller percentage of the remaining recovery.

GEORGE CONSTANTINE, 58, and MARC ELEFANT, 49, are New York-licensed attorneys who represented hundreds of Patients and filed Fraudulent Lawsuits on their behalf as part of the fraud scheme.

ANDREW DOWD, 45, is a New York-licensed orthopedic surgeon who performed hundreds of knee and shoulder surgeries on Patients as part of the fraud scheme, earning approximately $9,500 per surgery.

SADY RIBEIRO, 51, is a New York-licensed pain management doctor and surgeon who performed back surgeries, among other medical procedures, on Patients.  RIBEIRO paid participants cash kickbacks in exchange for patient referrals and treated nearly 200 Patients during the fraud scheme.

GEORGE CONSTANTINE, MARC ELEFANT, ANDREW DOWD, and SADY RIBEIRO are each charged with conspiracy to commit mail and wire fraud, which carries a maximum sentence of 20 years in prison, mail fraud, which carries a maximum sentence of 20 years in prison, and wire fraud, which carries a maximum sentence of 20 years in prison.  DOWD and RIBEIRO are also charged with one additional count each of conspiracy to commit mail and wire fraud, mail fraud, and wire fraud.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.   

Ms. Strauss praised the outstanding investigative work of the New York FBI.  Ms. Strauss also thanked the National Insurance Crime Bureau for their assistance in the investigation. 

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.                       

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

Rep. Jamaal Bowman Statement on House Passage of FY 2022 Budget Resolution

 

 Rep. Jamaal Bowman issued the following statement Wednesday after voting “yes” to pass the budget resolution:

“Americans voted for a House, Senate and White House that would expand health care, improve educational opportunity, take aggressive action on climate, and make housing, paid leave, and child care accessible and affordable. The budget resolution — though we had hoped it would go even further — is an essential part of acting on that mandate given to us by the American people. This vote is a major step for making a historic investment to rebuild our country and make people whole after the devastation of the past year and a half.

 

“Yes, we need a substantial investment in our hard infrastructure like roads and bridges. But roads and bridges can’t serve people if they don't have the child care they need in order to go to work or the health care they need to stay healthy and participate in the workforce. Roads and bridges can’t serve us if they’re continually eroded by a worsening climate crisis. We need to invest in our people and a livable planet if we want to build an economy that works for everyone. 

 

“I look forward to working with my colleagues over the next month to ensure that the full $3.5 trillion reconciliation package is passed with or before the bipartisan infrastructure bill. Let’s get this done and fulfill our promise to the American people. “

 

NYS Office of the Comptroller DiNapoli Announces Reduction in Employer Contribution Rates for Retirement System

 

State Pension Fund is 99.3% Funded, One of the Best Funded in the U.S. 

 New York State Comptroller Thomas P. DiNapoli today announced reductions in employer contribution rates to the New York State and Local Retirement System (NYSLRS) for both of its systems – the Employees’ Retirement System (ERS) and Police and Fire Retirement System (PFRS). The adjusted rates will impact payments next State Fiscal Year 2022-23. In addition, DiNapoli lowered the long-term assumed rate of return on the Fund’s investments from 6.8% to 5.9%.

“The Fund’s strength gives us the ability to weather volatile markets. Our prudent strategy for long-term, steady returns helps ensure our state’s pension fund will continue to be one of the nation’s strongest and best-funded,” DiNapoli said. “While the reduction in employer contribution rates is welcome news for taxpayers, our investment decisions are always made based on what is best for our 1.1 million working and retired members and their beneficiaries.”

The estimated average employer contribution rate for ERS will be lowered from 16.2% to 11.6% of payroll. The estimated average employer contribution rate for PFRS will be reduced from 28.3% to 27% of payroll. According to the Fund’s Actuary’s estimates, the expected total employer contributions for Feb. 1, 2023 are $4.4 billion, which is $1.5 billion less than the expected employer contributions during the same period for 2022 – the lowest level since 2011.

This marks the fourth time that DiNapoli has lowered the state pension fund’s assumed rate of return as economic and demographic conditions have changed. In 2010, he decreased the rate from 8% to 7.5%, in 2015 to 7% and in 2019 to 6.8%.

The median assumed rate of return among state public pension funds is 7.0% as of August 2021, according to the National Association of State Retirement Administrators. Thirty-four out of the 133 state public pension plans listed had assumed rates of return of less than 7%. There are plans that have a fiscal year end date of June 30, 2021 and many have already announced intentions to lower their assumed rates of return further.

DiNapoli also announced the funded ratio of the state pension fund is 99.3%.

The state pension fund’s annualized rates of return are 11.17% over the past five years, 9.19.% over 10 years, 7.65% over 20 years and 8.96% over 30 years.

Employer rates for NYSLRS are determined based on investment performance and actuarial assumptions recommended by the Retirement System’s Actuary and approved by DiNapoli. A copy of the Actuary’s report can be found here.

In 2012, DiNapoli began providing employers with access to a two-year projection of their annual pension bill. Employers can use this projection in the preparation of their budgets. Projections of required contributions vary by employer depending on factors such as the types of retirement plans they adopt, salaries and the distribution of their employees among the six retirement tiers.

There are more than 3,000 participating employers in ERS and PFRS, and more than 300 different retirement plan combinations.

Payments based on the new rates are due by Feb. 1, 2023, but employers receive a discount if payment is made by Dec. 15, 2022.

Report

Annual Report to the Comptroller on Actuarial Assumptions

About the 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 estimated assets of $268.3 billion as of June 30, 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. The Fund has consistently been ranked as one of the best managed and best funded plans in the nation. The Fund's fiscal year ends March 31.

Air Quality Health Advisory Issued for Long Island and New York City Metro

 

In Effect for Thursday, Aug. 26, 2021

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and State Department of Health (DOH) Commissioner Dr. Howard Zucker issued an Air Quality Health Advisory for the Long Island and New York City Metro regions for Thursday, August 26 from 11:00 a.m. until 11:00 p.m.

 

The pollutant of concern is: Ozone 

 

The advisory will be in effect 11 a.m. through 11 p.m. 

 

DEC and DOH issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter are expected to exceed an Air Quality Index (AQI) value of 100. The AQI was created as an easy way to correlate levels of different pollutants to one scale, with a higher AQI value indicating a greater health concern. 

 

OZONE 

 

Summer heat can lead to the formation of ground-level ozone, a major component of photochemical smog. Automobile exhaust and out-of-state emission sources are the primary sources of ground-level ozone and are the most serious air pollution problems in the northeast. This surface pollutant should not be confused with the protective layer of ozone in the upper atmosphere. 

 

People, especially young children, those who exercise outdoors, those involved in vigorous outdoor work and those who have respiratory disease (such as asthma) should consider limiting strenuous outdoor physical activity when ozone levels are the highest (generally afternoon to early evening). When outdoor levels of ozone are elevated, going indoors will usually reduce your exposure. Individuals experiencing symptoms such as shortness of breath, chest pain or coughing should consider consulting their doctor. 

 

Ozone levels generally decrease at night and can be minimized during daylight hours by curtailment of automobile travel and the use of public transportation where available. 

 

New Yorkers also are urged to take the following energy-saving and pollution-reducing steps: 

• use mass transit or carpool instead of driving, as automobile emissions account for about 60 percent of pollution in our cities;
• conserve fuel and reduce exhaust emissions by combining necessary motor vehicle trips;
• turn off all lights and electrical appliances in unoccupied areas;
• use fans to circulate air. If air conditioning is necessary, set thermostats at 78 degrees;
• close the blinds and shades to limit heat build-up and to preserve cooled air;
• limit use of household appliances. If necessary, run the appliances at off-peak (after 7 p.m.) hours. These would include dishwashers, dryers, pool pumps and water heaters;
• set refrigerators and freezers at more efficient temperatures;
• purchase and install energy efficient lighting and appliances with the Energy Star label; and
• reduce or eliminate outdoor burning and attempt to minimize indoor sources of PM 2.5 such as smoking. A toll-free Air Quality Hotline (1-800-535-1345) has been established by DEC to keep New Yorkers informed of the latest Air Quality situation. 
  

Additional information on ozone and PM 2.5 is available on DEC's website and on DOH's website.  

The Thursday, Aug. 26, Air Quality Health Advisory regions consist of the following: Region 1 Long Island, which includes Nassau and Suffolk counties and Region 2 New York City Metro, which includes New York City, Rockland, and Westchester counties.

Brian Benjamin new Lieutenant Governor

 

Brian Benjamin new Lieutenant Governor

The Harlem Democrat could help the new governor make inroads with downstate voters.

The selection of the Manhattan legislator, first reported by NY1 Wednesday morning, means more diversity than ever at the upper echelons of government – state Comptroller Thomas DiNapoli is now the only white man in a statewide office – while also adding some downstate balance for Hochul, a Western New York native, as she gets ready to run for reelection next year. The newly installed governor will announce her pick at a Thursday event in Harlem, according to The City. 

A new gig as lieutenant governor offers Benjamin a second chance to move on from the state Legislature midway through his third term in office. He came in fourth in the 2021 Democratic primary for New York City comptroller in June, with 7.7% of the vote. He will be the second Black man to serve as lieutenant governor of New York.

State Sen. Jamaal Bailey, also rumored to be in the running, congratulated Benjamin in a tweet Wednesday. “As we reimagine New York, we continue to move forward with the best. Huge congrats to my brother @NYSenBenjamin and his wonderful family on this well-deserved appointment,” Bailey wrote.

As printed in City and State.

133 Days and Counting - Where are you Staten Island Chuck

 

Here I am in Staten Island with my good friend James Oddo the Staten Island Borough President. Did you know he is a Republican? He is the only Republican borough president, and Staten Island wants to secede from New York City. I don't know why, because the city just put in a new ferry for them.

Things are a little different in this borough from the other boroughs, there are no real tall buildings that we can fill them up with Democrats, just old homes with land and Republicans. Did you hear that my developer friends homes with big yards and driveways. We can always change the zoning to whatever you want, and by the way I am exploring a race for governor. If I run for governor, I will need lots of money to win, but that has never been a problem for me. Just look at all those new buildings in Manhattan, the Bronx, Brooklyn, Queens, and we must build up Staten Island, and make it a majority Democratic borough like the other four boroughs. 

Stay cool today and hydrated.