It's back to my Monday morning media availability tomorrow, so I better brush up on what went on in the city over the weekend, check on the COVID numbers, and get ready for those pesky reporter questions, I don't really don't want to answer.
What will I be asked tomorrow by those pesky reporters, how was your vacation in Puerto Rico? Who paid for your vacation? Did you get any backing in your bid for Governor? Which parties did you attend? I really don't know, or care.
89,352 Vaccine Doses Administered Over Last 24 Hours
36 COVID-19 Deaths Statewide Yesterday
New State Website Providing Helpful Info About Child Vaccination
Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.
The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.
This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.
This came in from Congressman Bowman's office.
Rep. Jamaal Bowman issued the following statement regarding his no vote on the Bipartisan Infrastructure Framework
“Our country is experiencing multiple and layered crises on top of historical harm. Transformative investment and courageous action is needed to meet this moment, and we have the power to do it. Roads and bridges are important. We must absolutely invest in our physical infrastructure. It is a positive development to see the infrastructure bill pass, but it is also not lost upon me that 90% of jobs in physical infrastructure go to men; yet, women account for four times the job loss to men during the pandemic. Families and children are in need of help with childcare, paid leave, housing, prescription drug costs and so much more. The climate crisis remains looming. The physical infrastructure bill alone does not hold the policies to address any of these issues.
“This is why my progressive colleagues and I were consistently clear for months that we intend to move both the Build Back Better Act and the physical infrastructure bill together and vote for them at the same time. This was the agreement we understood and the promise I shared. However, my conservative colleagues moved the goalpost and asked for budget scoring despite the Joint Committee on Taxation (JCT) verifying that the Build Back Better Act is fully paid for and the White House providing their own budget estimates confirming JCT’s report. We were asked to vote only on physical infrastructure at the last hour and to delay the needs and ignore the suffering of our constituents with the weakest assurance that the original agreement would be kept. The agreement was broken. Therefore, I voted no on a physical infrastructure bill that came without the Build Back Better Act.
“We can only build back better by ensuring the health and prosperity of seniors, women, children, immigrants and our planet. We need policies that bring America into the present day, with other developed countries, so that we can end our reliance on fossil fuels, provide paid leave to all, and eradicate child poverty. We can and need to meet this moment. And the country needs a government that keeps its word to women, families, children and immigrants.
“I support the president's full agenda, which includes passing both the infrastructure bill and the Build Back Better Act together, and I look forward to continuing to work with the administration to see to it that we build back better for all. Our work is not done.”
In politics, it’s easy to get discouraged. Losing the Governor's race in Virginia on Tuesday was a huge bummer. But there were some big wins over the last two days that many thought weren’t possible and remind us why organizing matters:
Civilian Climate Corps makes it into the Build Back Better Act
Yesterday, we successfully won the inclusion and the establishment of the US Civilian Climate Corps in the Build Back Better Act. This program is set to create over 300,000 public service jobs for people of all ages to help mitigate climate change and environmental injustices.
Alexandria first outlined a vision for this plan in 2019 as part of the Green New Deal framework.1 While many said it was impossible, we organized with our partners from the Sunrise Movement and others to make this a reality.
Bailout for Taxi Drivers
Two years ago, we began working with the New York Taxi Workers Alliance to fight for our immigrant taxi workers who were trapped and targeted in a predatory medallion lending scheme by big lenders.
When we first rolled out this plan to relieve unfair debt and astronomical loan payments, we were told that it was naive, too expensive, and unreasonable. But yesterday, we won.2
This bailout will rescue thousands of cab drivers who have been crushed under paralyzing debt after years of exploitative practices in the industry.
Alexandria was one of the first politicians to come out and support this plan in 2019.
Ocasio-Cortez Calls for Bailout for Taxi Drivers
The congresswoman referred to their plight as "Indentured Servitude," becoming the most prominent voice to back a rescue plan.
Historic election wins
On the election front, we also have some good news. Tiffany Cabán – a public defender who advocates for the shutdown of Rikers jail – was elected to the New York City Council. Shahana Hanif just became the first-ever Muslim woman elected to the New York City Council in history.
Michelle Wu, a progressive, became the first woman and person of color to be elected as Mayor of Boston. Richie Floyd made history as the first openly socialist candidate to win a city council race in Florida since the 1930's.
The lessons from all of these victories (and our losses) is that we need to build our movement from the bottom up. Mass mobilization – both during and outside elections – is crucial to our progress.
The only way we were able to win relief for taxi drivers was because of an outside non-electoral mass movement of organized workers.
When we pair organized mass movements with elected leaders who are willing to enact the people's will, we can accelerate the momentum needed to make change.
When we organize people, the people win.
Team AOC
Damian Williams, the United States Attorney for the Southern District of New York, announced that THOMAS CRAFT, a licensed attorney, pled guilty in Manhattan federal court to securities fraud. CRAFT’s guilty plea results from his involvement in a fraudulent scheme in which he falsely represented that he had undertaken certain legal work in connection with attorney opinion letters, when in truth and in fact, he merely rubber-stamped the opinion letters that had been prepared by his co-defendant, Richard Rubin, who was a disbarred attorney.
CRAFT was arrested on December 2, 2020, and pled guilty today before U.S. District Judge Paul A. Engelmayer. As part of his plea agreement, CRAFT agreed to relinquish his law license in Florida.
U.S. Attorney Damian Williams said: “As an attorney, Craft was supposed to act as a gatekeeper against fraud in the securities markets. Instead, as he admitted today, Craft falsely represented that he had carried out certain work in attorney opinion letters, giving false comfort to the investing public that the relevant securities rules had been satisfied. Now he stands guilty of securities fraud and awaits sentencing for his crime.”
As alleged in the Indictment filed against CRAFT, as well as his co-conspirator Rubin, and other statements made in open court:
Securities Registration Requirements and SEC Rule 144
Under the Securities Act of 1933 (the “Securities Act”), anyone seeking to sell a security must first register that security unless an exemption applies. This registration requirement protects investors by promoting disclosure of information pertinent to informed investment decisions.
A company registering new securities must complete a registration statement known as U.S. Securities and Exchange Commission (“SEC”) Form S-1 before the securities can be listed on a national exchange and publicly traded. SEC Form S-1 contains information pertinent to informed investment decisions, including, among other things, information on the company’s business operations, the company’s financial condition, and a description of the company’s management. In connection with SEC Form S-1, the company is required to file an opinion letter (the “Form S-1 Opinion Letter”) from a licensed attorney attesting that the statements in the SEC Form S-1 are true and correct. A company’s SEC Form S-1 and the Form S-1 Opinion Letter are available to the public on the SEC’s Electronic Data Gathering, Analysis, and Retrieval System (“EDGAR”).
“Restricted securities” refers to securities acquired in unregistered, private sales from the issuing company or from an affiliate of the issuer, with “affiliate” meaning a person who directly or indirectly controls, or is controlled by, or is under common control with, an issuer. Affiliates can also include an executive officer or a director or large shareholder who is in a relationship of control with respect to the issuing company. Restricted securities bear a legend indicating that the securities may not be resold in the marketplace unless they are registered with the SEC or are exempt from such registration requirements.
Securities Act Rule 144 (“Rule 144”), codified at 17 C.F.R. § 230.144, provides a registration exemption for restricted securities. Specifically, it permits the public resale of restricted securities if a number of conditions are met, including conditions relating to how long the securities are held, the way in which they are sold, the public information available to investors about the securities, and the amount that can be sold at any one time. Pursuant to Rule 144, however, even if these conditions are met, the sale of restricted securities to the public is still not permitted until a transfer agent removes the “restricted” legend from the security.
The term “transfer agent” refers to a company that keeps track of individuals and entities that own the stocks and bonds of a given company that has publicly traded securities. Among other things, transfer agents issue and cancel certificates to reflect changes in ownership, serve as the company’s intermediary for payouts, exchanges, or mailings, and handle lost, destroyed or stolen certificates. Transfer agents also, when appropriate, remove the “restricted” legend from securities.
A Rule 144 Seller’s Representation Letter, or “Seller’s Representation Letter,” is a letter from an affiliate seller (that is, a seller in a relationship of control with the issuer, such as an executive officer, a director, or a large shareholder) of restricted securities to a transfer agent to establish certain facts underlying a legal opinion that the securities at issue can be sold publicly pursuant to Rule 144. The issuer’s consent to the removal of a legend typically comes in the form of an opinion letter from the issuing company’s attorney, the Seller’s Representation Letter, indicating that the securities at issue satisfy the conditions of Rule 144. Seller’s Representation Letters contain multiple attestations that are required by law prior to the restricted legend being removed. The transfer agent relies on the Seller’s Representation Letter in determining whether to remove the restricted legend from a security.
Over-the-Counter Securities and OTC Markets Group
Over-the-counter (“OTC”) securities are securities that are traded between two counterparties outside of a formal securities exchange. OTC Markets Group (“OTC Markets”) is a securities market headquartered in New York, New York, that provides price and liquidity information for OTC securities.
OTC Markets requires issuers seeking to be listed on OTC Markets to hire a licensed attorney to review company records and submit a letter to OTC Markets (an “OTC Markets Attorney Letter”) regarding whether information publicly disclosed by the issuer is in compliance with the condition in SEC Rule 144 governing the public information available to investors about the issuer. OTC Markets relies on the OTC Markets Attorney Letter to determine whether an issuer’s security may be listed on OTC Markets. OTC Markets Attorney Letters are available to the public on the OTC Markets website.
The Scheme to Defraud
From at least in or about 2011 through at least in or about September 2018, CRAFT and Rubin participated in a fraudulent scheme in which CRAFT falsely represented that he had undertaken certain legal work in connection with Seller’s Representation Letters, OTC Markets Attorney Letters, and S-1 Opinion Letters, all of which enabled the relevant securities to be sold to the investing public. The false representations were in letters pertaining to over a dozen companies.
CRAFT, 56, of Tequesta, Florida, pled guilty to one count of securities fraud in violation of 15 U.S.C. §§ 78j(b) and 78ff, 17 C.F.R. § 240.10b-5, and 18 U.S.C. § 2, which carries a maximum sentence of 20 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
CRAFT will be sentenced on February 24, 2022, at 10:30 a.m. CRAFT’s co-defendant, Richard Rubin, was sentenced on November 2, 2021, to one year’s probation, 200 hours of community service, and a $1,000 fine. Rubin was also ordered to forfeit $117,068.15 in crime proceeds.
Mr. Williams praised the investigative work of the Office of Inspector General of the SEC and also thanked the SEC Division of Enforcement for its assistance.
Effort Would Expand 2019 Program to Train and Place Workers in Solar-Plus-Storage, Construction, and Other Supportive Services
Reinforces New York State's Commitment to Growing a Clean Energy Workforce Pipeline and Ensuring an Equitable Clean Energy Transition
During a tour of Concilio de Salud Integral de Loiza in Loiza, Puerto Rico, Governor Kathy Hochul today announced New York State will work with community partners to expand ongoing solar deployment and workforce development support in Puerto Rico and the Virgin Islands. The State will provide new curriculum and permitting and financing expertise that will support the development of solar industries on the Islands. This effort further strengthens New York's long-standing commitment to support Puerto Rico's reconstruction and recovery from Hurricanes Irma and Maria, and helps reinforce New York State's commitment to ensuring a growing clean energy workforce pipeline and an equitable clean energy transition.
"Climate change is the crisis of our time, and it takes each and every one of us to pave the path for a cleaner, greener future," Governor Hochul said, "The number one obstacle we must overcome is our over reliance on fossil fuels and we must do so equitably so no community is left behind. New York and Puerto Rico have a historically close relationship and this partnership is an important step to creating more sustainable jobs and boosting green energy."
Today's announcement builds on the $4.5 million Puerto Rican Solar Business Accelerator, Workforce and Small Business Development Program established in 2019 with support from the U.S. Economic Development Administration. The Puerto Rican Solar Business Accelerator, Workforce and Small Business Development Program is a joint, public-private effort between the New York State Energy Research and Development Authority, The Interstate Renewable Energy Council, and PathStone Corporation, Inc. to train and place workers in solar-plus-storage and construction, develop innovative solar financing options, and to provide technical assistance to solar businesses.
I'm down here in Puerto Rico with my good friends from the Bronx for Somos. State Senator Jamaal Bailey, you are the Bronx Democratic Party Leader, can I count on the Bronx Democratic Party to endorse me in my bid for governor next year. The Bronx Democratic Party endorsed me in my re-election bid for mayor in 2017, and I am the best candidate for governor.
David Patterson, I mean Kathy Hochul forced her way onto the stage election night to congratulate my successor Mayor Elect Eric Adams. She said that she will work with the new mayor on matters important to the city. Well she didn't say that to me, and has been unfriendly to me and New York City just like her old boss Andrew Cuomo. Plus she picked Brian Benjamin over you Jamaal to be her Lieutenant Governor.
