Attorney General James Seeks Emergency Relief to Protect Rights and Safety of Amazon Workers

 

AG James Seeks Court-Appointed Monitor to Implement COVID-19 Safety Precautions at Staten Island Facility, Reinstatement of Employee Fired for Raising Safety Concerns to Management  

  In continuing her efforts to protect workers during the coronavirus disease 2019 (COVID-19) pandemic, New York Attorney General Letitia James filed a motion to seek a preliminary injunction to force Amazon to immediately address health and safety concerns at its warehouses that are threatening workers. The motion requests that the court appoint a monitor to oversee implementation of public health and safety measures at an Amazon facility on Staten Island that employs more than 5,000 workers and order the company to offer interim reinstatement to Christian Smalls, who was fired after he complained about deficiencies in Amazon’s COVID-19 safety practices at the beginning of the pandemic. Attorney General James took the legal action today in response to Amazon’s rollback of its already inadequate public health measures, even as a new variant threatens to cause higher rates of transmission, illness, and death.  

“Amazon and its leadership banked billions of dollars during the COVID-19 pandemic, and as the crisis rages on, the health and concerns of the workers continue to be ignored,” said Attorney General James. “Amazon must guarantee a work environment that promotes safety, transparency, and respect for its hardworking employees, not one that further endangers them. We are filing this motion today to stop Amazon from continuing its practice of valuing profits over the health and wellbeing of its workers.” 

In February 2021, Attorney General James commenced her lawsuit against Amazon over its failures to provide adequate health and safety measures for employees at the company’s New York facilities, as well as the company's retaliatory actions against multiple employees amidst the COVID-19 pandemic. In the amended complaint, Attorney General James asserted that Amazon violated New York state Labor Law by failing to take reasonable measures to protect workers from the spread of COVID-19 and by unlawfully firing and disciplining employees who objected to Amazon’s unsafe work conditions. In October 2021, Justice Nancy Bannon denied Amazon’s motion to dismiss the lawsuit brought by Attorney General James. 

Attorney General James opened an investigation into Amazon in March 2020 following numerous complaints about the lack of precautions taken to protect employees in Amazon facilities as New York was ravaged by COVID-19. The investigation was later broadened to examine whether Amazon unlawfully fired or disciplined employees who reported these safety concerns. At the time of these complaints, New York City was the epicenter of the pandemic in the United States, and Staten Island had the highest per capita rate of COVID-19 diagnoses in New York City.   

Attorney General James' investigation uncovered evidence showing that Amazon’s health and safety response violated state law by not providing reasonable and adequate protection to employees. Specifically, Amazon had inadequate cleaning and disinfection protocols and used productivity monitoring practices that failed to permit employees to take necessary precautions to protect themselves from the risk of COVID-19 infection, among other things. Additionally, Amazon implemented an inadequate COVID-19 tracing program that failed to consistently identify workers who came into close contact with employees who tested positive for COVID-19.  

The motion, filed today in New York County State Supreme Court, seeks the appointment of a monitor to oversee the implementation of key safety and health measures at the JFK8 fulfillment center, including: 

• Requiring Amazon to modify productivity monitoring policies to permit time for cleaning, hygiene, and social distancing, and communicate this to employees;
• Requiring Amazon to adopt policies for adequate cleaning and disinfection after infected workers have been present in the facility; and
• Requiring Amazon to institute proper COVID-19 contact tracing protocols, including identifying and notifying close contacts.
  

The evidence gathered through Attorney General James' investigation demonstrates that Amazon unlawfully fired and disciplined workers who reported their concerns about the company's compliance with these health and safety mandates, including Christian Smalls. Smalls raised concerns about Amazon’s response to the COVID-19 pandemic to Amazon managers, made public complaints about Amazon’s practices through the media, and submitted complaints to the Centers for Disease Control and Prevention. Amazon fired Smalls in March 2020 after he made these legally protected complaints. In today’s action, Attorney General James seeks a court order to have Christian Smalls reinstated to his prior position on an interim basis, pending the outcome of this litigation. 

CEO Of Purported Global Biomedical Company Charged With Stealing Over $1 Million Of Victim’s Money Through False Promises Of Investment Opportunities

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Ricky J. Patel, the Acting Special Agent-in-Charge of the New York Field Office of the Department of Homeland Security (“HSI”), announced the unsealing of an Indictment charging NORMAN GRAY with wire fraud, in connection with a scheme to induce an individual (“Victim-1”) into wiring him funds through false promises that those funds would be put towards an equity stake in his purported global biomedical company (“Biomedical Company”) and certain purported  investment deals involving the sale of personal protective equipment (“PPE”).  GRAY was arrested this morning and will be presented before U.S. Magistrate Judge Debra Freeman later today.  The case is assigned to United States District Judge Lorna G. Schofield. 

U.S. Attorney Damian Williams said:  “Norman Gray, CEO of a purported global biomedical company, allegedly induced his victim investor to entrust Gray with over $1.2 million by claiming the risk involved in their PPE investment deals was ‘virtually zero.’ But in reality, the deals are alleged to be fictitious, and any chance of actually earning a profit with Gray’s investments was virtually zero. We thank the HSI for their assistance in this investigation and charge.”

Acting HSI Special Agent-in-Charge Ricky J. Patel said:  "As alleged in the indictment, Norman Gray made fake promises and created a fictitious persona to dupe an investor for over a million dollars in real cash, but in the end, Gray’s dishonest imagination led him right into the hands of law enforcement. HSI Special Agents, in conjunction with our partners, will work tirelessly to prevent shameless activities perpetrated by fraudsters like Gray, who sell dreams of making big profits with little risk to unwitting investors.  What made these acts even more deplorable was that he allegedly created this scheme by falsely purporting that the investments were going to legitimate companies providing vital PPE to the public.”

As alleged in the Indictment:[1]

GRAY is the CEO of the Biomedical Company, which is headquartered and incorporated in Hamden, Connecticut.  In or about August 2020, GRAY induced Victim-1 to give him $250,000, supposedly as an equity investment in the Biomedical Company.  In reality, nearly all of the $250,000 was paid out to a company with no apparent affiliation with the Biomedical Company, and Victim-1 received no equity in the Biomedical Company. In the ensuing months, GRAY further solicited a total of approximately $1,200,000 from Victim-1, representing that he would invest those funds in deals involving the procurement of PPE for two major universities in the tristate area.  GRAY represented that the necessary contracts for those deals were in place and that the risk involved with those deals was “virtually zero.”  In reality, the necessary contracts did not exist, and GRAY caused substantially all of Victim-1’s funds to be spent on the Biomedical Company’s general operating expenses, as well as products and services having nothing to do with the Biomedical Company or the procurement of personal protective equipment, including, for example, the cash purchase of an approximately $50,000 luxury SUV. 

As part of his scheme to fraudulently solicit funds from Victim-1, and as a means of dispelling Victim-1’s concern that an investment with GRAY would require Victim-1 to forego the purchase of a home, GRAY offered Victim-1 a mortgage from the “Tranctus Group.” GRAY claimed that “Tranctus Group” was a boutique mortgage company of which he was the sole investor. GRAY directed Victim-1 to his supposed mortgage broker “Benjamin Mabry.”  In fact, “Benjamin Mabry” was a false persona invented by GRAY, and GRAY registered the internet domain associated with the “Tranctus Group” on the very same day that Victim-1 received a purported mortgage commitment letter from “Mabry.”  Ultimately, Victim-1 received no return on Victim-1’s investments, GRAY refused to return Victim-1’s money to Victim-1, and the purported “Tranctus Group” mortgage failed to materialize.    

GRAY, 66, of the Hamden, Connecticut area, is charged with one count of wire fraud, which carries a maximum potential prison sentence of 20 years. The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only; any sentencing of the defendant will be determined by the judge.

Mr. Williams praised the outstanding investigative work of Special Agents of the United States Department of Homeland Security, Homeland Security Investigations, New York City Police Department, New York City Sheriff's Office, Bronx District Attorney, Greenburgh Police Department, and HSI New Haven. 

The allegations contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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

32 Days and Counting

 Enjoy New Years Eve, but there's a real concern and that it appears the Omicron’s variant of COVID is coming. So far, no reported cases, no confirmed cases in the United States. What's that Doctor Chokshi a case of Omicron has been discovered in California, in San Francisco, it must be here now. Oops was my mike on, don't put it in the transcript. 

We have to get ready for Omicron and any other variant that also may come with it. Hopefully it won't get here until next year for Mayor Adams to worry about. We have to prepare for New Years Eve and the ball dropping in Times Square. Anyway everyone should be vaccinated to be safe. 

MAYOR DE BLASIO ANNOUNCES NATION’S FIRST OVERDOSE PREVENTION CENTER SERVICES TO OPEN IN NEW YORK CITY

 

Overdose Prevention Center services offer safe, clean places where people who use drugs can access clinical care and other services

 

Health Department study: OPCs could save 130 lives a year

 Mayor Bill de Blasio and the Health Department announced that the first publicly recognized Overdose Prevention Center (OPC) services in the nation have commenced in New York City. OPCs are an extension of existing harm reduction services and will be co-located with previously established syringe service providers.  

 

These services will be coming online at a critical time. During 2020, over 2,000 individuals died of a drug overdose in New York City, the highest number since reporting began in 2000. The Centers for Disease Control projects that across the United States, more than 90,000 individuals died of a drug overdose during 2020, the worst year on record. 

 

“New York City has led the nation’s battle against COVID-19, and the fight to keep our community safe doesn’t stop there. After exhaustive study, we know the right path forward to protect the most vulnerable people in our city. And we will not hesitate to take it,” said Mayor Bill de Blasio. “Overdose Prevention Centers are a safe and effective way to address the opioid crisis. I’m proud to show cities in this country that after decades of failure, a smarter approach is possible.” 

 

“Overdose Prevention Centers can turn the tide in the fight against the opioid crisis, and New York City is ready to lead the way,” said Deputy Mayor for Health and Human Services Melanie Hartzog. “We have lost too much to rely on the same playbook. It’s time to take bold action to help our most vulnerable neighbors and the communities they call home.” 

 

“The national overdose epidemic is a five-alarm fire in public health, and we have to tackle this crisis concurrently with our COVID fight,” said Health Commissioner Dr. Dave A. Chokshi. “Giving people a safe, supportive space will save lives and bring people in from the streets, improving life for everyone involved. Overdose prevention centers are a key part of broader harm reduction.” 

 

“Over decades harm reduction interventions in New York City have given people the tools they need to keep themselves and their communities safe,” said DOHMH Executive Deputy Commissioner Dr. Chinazo O. Cunningham. “This follows in the path of syringe services, which have played a major role in addressing the HIV epidemic. Overdose Prevention Center services will help disrupt an overdose epidemic that has taken too many New Yorkers.”   

 

“NYC has taken historic action against the mounting crisis of opioid deaths, with the opening of the nation’s first overdose prevention centers,” said Council Member Mark Levine, Chair of the City Council Health Committee. “This strategy is proven to save lives, and is desperately needed at a moment when fatalities are rising fast. I applaud the City as well as the providers who offer these lifesaving services for this bold approach to stopping this crisis.”

 

OPCs, also referred to as supervised consumption sites or facilities, are safe places where people who use drugs can receive medical care and be connected to treatment and social services. OPC services are proven to prevent overdose deaths, and are in use in jurisdictions around the world. There has never been an overdose death in any OPC. A Health Department feasibility study found that OPCs in New York City would save up to 130 lives a year.  

 

Additionally, OPCs are a benefit to their surrounding communities, reducing public drug use and syringe litter. Other places with OPCs have not seen an increase in crime, even over many years. 

 

OPCs will be in communities based on health need and depth of program experience. A host of City agencies will run joint operations focused on addressing street conditions across the City, and we will include an increased focus on the areas surrounding the OPCs as they open. 

 

Provisional data from the first quarter 2021 shows 596 deaths occurred in New York City between January and March of this year. This represents the greatest number of overdose deaths in a single quarter since reporting began in 2000. 

 

2020 Epi Data Brief highlights: 

 

•    The rate of overdose death increased to 30.5 per 100,000 New York City residents in 2020, compared to 21.9 in 2019. 

•    In 2020, opioids were involved in 85% of overdose deaths.

•    For the fourth year in a row, fentanyl was the most common substance involved in overdose deaths, present in 77% of overdose deaths in 2020.

•    Fentanyl was involved in 93% of heroin-involved overdoses, 81% of cocaine-involved overdoses, 80% of alcohol-involved overdoses, 77% of opioid analgesic-involved overdoses, and 66% of amphetamine-involved overdoses. 

•    By race/ethnicity, Black New Yorkers had the highest rate of overdose death (38.2 per 100,000 residents), and the largest absolute increase in rate from 2019 to 2020 (+14.2 per 100,000).  

•    From 2019 to 2020, rates of overdose death increased among White New Yorkers (24.3 to 32.7 per 100,000 residents) and Latino/a New Yorkers (27.1 to 33.6 per 100,000 residents). The rate of overdose remained the same among Asian/Pacific Islander New Yorkers (3.3 per 100,000 residents).

•    Residents of the Bronx had the highest rate of overdose death in 2020 (48.0 per 100,000 residents) followed by residents of Staten Island (37.0 per 100,000 residents), Manhattan (25.2 per 100,000 residents), Brooklyn (21.1 per 100,000 residents), and Queens (19.9 per 100,000 residents). 

•    In 2020, the rate of overdose death among South Bronx residents was 68.7 per 100,000 residents.

The City announced new investments earlier this year to address overdose in New York City, including: 

•    Raising awareness of fentanyl and the increased risk of overdose via direct mail, TV, radio, social media, and print media campaign, focused on neighborhoods with the highest overdose rates. 

•    Expanding distribution of fentanyl test strips, a proven harm reduction strategy, to people at high risk of overdose.

•    Reducing harm by expanding syringe service programs (SSP) drop-in center, outreach, and syringe litter clean-up hours to include weekday nights and weekend days.

•    Expanding access to treatment through same-day buprenorphine for people who are unstably housed in multiple settings. This includes SSP drop-in centers, Department of Homeless Services (DHS) shelters, and community-based organizations doing street outreach.

•    Enhancing services provided by NYC Health + Hospitals to people who use drugs, through increasing system access and coordination in the emergency department, inpatient stabilization, outpatient clinics, and through close partnership with community organizations and sister agencies. 

“As the opioid crisis continues to ravage New York and the death toll rises, I am relieved and grateful New York City has taken the necessary step to open two Overdose Prevention Centers. These centers will be an effective tool in preventing overdose deaths, stopping the spread of disease, and providing a path to recovery. They will also help address the valid concerns that certain New Yorkers have regarding the increased presence of substance use on our streets and its impact on our communities. This is just a first step. I look forward to working with the Mayor to open overdose prevention centers in areas with the highest overdose deaths, including the Bronx, and with the Governor to authorize them throughout New York State,” said State Senator Gustavo Rivera, Chair of the New York Senate Health Committee. 

Pelham Parkway Menorah Lighting at White Plains Road

 

The last menorah to be lit on Monday evening was at Pelham Parkway and White Plains Road. Here the elected officials included Bronx District Attorney Darcel Clark, State Senator Alessandra Biaggi, Assemblywoman Nathalia Fernandez, Councilman Mark Gjonaj, and Pelham Parkway Neighborhood Association President Edith Blitzer. 

Rabbi Pewzner once again officiated at this menorah lighting, Each elected official spoke about what the holiday of lights means to them, and how much they have learned about the different menorah lightings that had taken place before this one. 

 Rabbi Pewzner told the story of Chanukah, of how oil that was placed in a cup expected to burn only one night, stayed lit for eight days to give light, thus Chanukah is the holiday of lights to the Jewish people. 

Councilman Mark Gjonaj gave his farewell menorah speech, saying that this would be his last menorah lighting here as an elected official. He thanked everyone for their participation.

State Senator Biaggi with PPNA President Edith Blitzer and PPNA Vice-President Steve Glosser.

State Senator Biaggi was drafted to light the middle oil lamp, as Councilman Gjonaj and Da Clark held the ladder. 

Rabbi Pewzner lit the next two oil lamps. 

A group photo in front of the lit menorah on Pelham Parkway by White Plains Road.

Loreto Park Menorah Lighting Morris Park

 

The sun was down already as everyone arrived to light the Loreto Park Menorah in Morris Park Monday evening. Assemblyman Michael Benedetto joined Bronx District Attorney Darcel Clark, State Senator Alessandra Biaggi, Assemblywoman Nathalia Fernandez, and Councilman Mark Gjonaj. District Leader Phyliss Nastasio, Deputy Inspector Andrew Natiw of the 49th Precinct, Morris Park Community Association President Al D'Angelo, and Pelham Parkway Neighborhood Association President Edith Blitzer. 

The reason for Morris Park having two assembly members happened in the last redistricting of 2011, where after the 2010 census the 82nd Assembly District came up to Morris Park Avenue at certain blocks taking area from the 80th Assembly District. It is hoped that now after the 2020 census that the area taken away from the 80th A.D. will be returned. Rabbi Pewzner officiated at this menorah lighting which used a flame to light oil in oil lamps to resemble the first Chanukah. 

L - R. 49th Pct. community Affairs Officer Graham, AAHOH Founder Aleksander Nilaj, Assemblywoman Nathalia Fernandez, District Leader Phyliss Nastasio, Councilman Mark Gjonaj, Assemblyman Michael Benedetto, MPCA president Al D'Angelo, Deputy Inspector Natiw 49th Pct. Community Affairs officer Sturdivant, PPNA Vice President Steve Glosser, PPNA President Edith Blitzer.

Rabbi Pewzner gave a brief history of the holiday of Chanukah.

State Senator Alessandra Biaggi spoke about how the holiday season brings all people together to understand each other's holidays.

Assemblyman Michael Benedetto said a few words of what the holiday of Chanukah means to him.

Assemblywoman Fernandez was drafted to go up the ;adder and light the middle oil lamp with the flame. Deputy Inspector Natiw held the ladder steady.

She said she used her ballerina training to light the oil lamp, and cover it all in one swift move.

Rabbi Pwzner would light the two other oil lamps and cover them to keep the flame lit, as he said the Chanukah prayer.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - NOVEMBER 30, 2021

 

80,880 Vaccine Doses Administered Over Last 24 Hours 

41 COVID-19 Deaths Statewide Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19. 

While we're entering a vulnerable time this winter when the chance of spreading COVID-19 is higher, the good news is that we are not defenseless," Governor Hochul said. "Vaccinations are safe, free, and readily available for all New Yorkers. If you plan to spend time with your family this holiday season, plan to get vaccinated, and get the booster shot if you're already vaccinated. Wear a mask, wash your hands, and protect yourself and your loved ones."

Today's data is summarized briefly below:

• Test Results Reported - 130,366
• Total Positive - 6,593 
• Percent Positive - 5.06%
• 7-Day Average Percent Positive - 4.19% 
• Patient Hospitalization - 2,992 (+163) 
• Patients Newly Admitted - 386 
• Patients in ICU - 567 (+11) 
• Patients in ICU with Intubation - 303 (-1) 
• Total Discharges - 215,445 (+208) 
• New deaths reported by healthcare facilities through HERDS - 41 
• Total deaths reported by healthcare facilities through HERDS - 46,527

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. 

• Total deaths reported to and compiled by the CDC - 59,177

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.

• Total vaccine doses administered - 29,764,056 
• Total vaccine doses administered over past 24 hours - 80,880 
• Total vaccine doses administered over past 7 days - 537,632 
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 85.8% 
• Percent of New Yorkers ages 18 and older with completed vaccine series - 78.3% 
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 90.8% 
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 80.7% 
• Percent of all New Yorkers with at least one vaccine dose - 74.1% 
• Percent of all New Yorkers with completed vaccine series - 66.5% 
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 78.1% 
• Percent of all New Yorkers with completed vaccine series (CDC) - 68.4%

Permits Filed For 130 East 177th Street In Mount Hope, The Bronx

 

Rendering of 130 East 177th Street, courtesy of Marin Architects

Permits have been filed for a 12-story mixed-use residential building at 130 East 177th Street in Mount Hope, The Bronx. Located between Morris Avenue and Grand Concourse, the interior lot is two blocks south from the Tremont Avenue subway station, serviced by the B and D trains. FHMC Inc, a third-party real estate and financial arm of The Postgraduate Center for Mental Health, is listed as the owner behind the applications.

The proposed 123-foot-tall development will yield 55,987 square feet, with 52,597 square feet designated for residential space and 3,390 square feet for community facility space on the ground floor. The building will have 78 residences, most likely rentals based on the average unit scope of 674 square feet. The steel-based structure will also have a cellar, six enclosed parking spots, and a 41-foot-long rear yard.

Minkuk Kim of Marin Architects is listed as the architect of record. A rendering reveals a pale concrete massing with an even grid of windows along East 177th Street-facing elevation, as well as several stepped setbacks for private outdoor space. The rooftop also appears to have a terrace although it is not clear if its communal or private.

Demolition permits will likely not be needed as the lot is vacant. An estimated completion date has not been announced.