Monday, December 20, 2021

California Man Sentenced To 3 Years In Prison For Making Threats Against Political Officials And Journalists Relating To The Outcome Of The 2020 Presidential Election

 

Federal Toy Gun Regulations Have Remained Unchanged for Decades Threatening Youth

 New York Attorney General Letitia James today continued her fight to promote gun safety and reform gun regulations by urging the Biden-Harris Administration to increase safety standards for realistic toy firearms. In a letter to U.S. Secretary of Commerce Gina Raimondo and Alexander Hoehn-Saric, chair of the Consumer Product Safety Commission, Attorney General James calls for new, strong, coherent federal regulations mandating distinct visual differences between toy guns, BB/pellet guns, and lethal firearms.

“As families conclude their holiday shopping and some purchase toy guys for their children, the last thing we want is for a Christmas gift to turn into a Christmas nightmare,” said Attorney General James. “When toy guns are indistinguishable from actual firearms, the consequences can, and have been, deadly. We must take action to protect our children and our communities. In my nearly three years as attorney general, I have consistently seen the tragic consequences of split-second decisions when the authenticity of a gun is in question. There should be no opportunity for confusion when individuals’ lives are on the line. We must put people above profit and ensure our police, crime victims, and children can clearly and easily distinguish fake guns from real ones.”

In her letter, Attorney General James makes clear that existing regulations — essentially unchanged for decades — have proven inadequate to protect the health and welfare of Americans. As it currently stands, toy guns must have only one of the following indicators:

  1. Have a permanently affixed blaze orange plug inserted in the firearm’s barrel,
  2. Have a similar marking on the exterior of the barrel,
  3. Be constructed entirely of transparent or translucent materials, or
  4. Be covered in certain bright colors. 

All four of these indicators together still make toy guns hard to tell from real ones, but the Office of the Attorney General has found that the required “blaze orange plug” is even regularly removed or camouflaged. Additionally, even when untampered with, research has shown that an orange tip is all-but-useless in split-second, high-stress situations. 

Furthermore, the appearance of non-powder guns remains wholly outside the scope of formal federal regulation. As it stands, the possession of realistic, non-powder guns can have dire consequences. At least 249 people have been killed by police while in possession of a toy or non-powder gun since 2015. Just last month, another New Yorker, not yet included in the database, was killed by police while in possession of a BB gun.

Attorney General James also expressed concern about fake guns being used to commit real crimes, citing a study that found that police recover thousands of fake crime guns every year, including in approximately 15 percent of all robberies. Fake guns are commonly available and less expensive than authentic firearms and can be bought legally without a background check or federal record of the transaction, even by individuals who are barred from legally purchasing firearms.

Strengthening realistic toy gun regulations would protect adults and children, the latter group of which, according to a 2018 study, generally cannot distinguish a real gun from a realistic toy gun, even following careful visual examination.

Today’s letter emphasized the importance of federal regulations and re-established Attorney General James’ commitment to advocating for gun safety reform through both state and federal regulations. Attorney General James also applauded the Biden-Harris Administration’s commitment to gun safety, writing, “From the outset, this administration has demonstrated a clear and consistent willingness to use the levers of its regulatory authority to protect consumers and to take on our gun violence epidemic. I believe this issue — which sits at a critical intersection between those two key priorities — deserves to be part of that ambitious agenda.”

Today’s letter is just the latest action Attorney General James has taken to support gun safety measures. Just last week, Attorney General James vowed to defend a New York state law passed earlier this year that restores the ability of the state and localities to bring civil liability actions against firearm manufacturers and sellers for their own bad conduct.

Last month, Attorney General James defended New York state’s gun licensing protection law at the U.S. Supreme Court against a lawsuit in the case New York State Rifle & Pistol Association v. Bruen

THE NEW BXCC - Bronx Business News You Can Use

 

Legislative Updates, New Grants, Events and Much More
Please click View/Allow Images so you don't miss a thing!
The Friday Extra 12/17/21
This week's Friday Extra comes from Darry Saldana & Lisa Sorin.

Topics are:
  1. Small Business Resource Network
  2. COVID Resilience Grant
  3. Key to NYC extension
What You Should Know
IMPORTANT NOTICE: PPP Forgiveness
If you received a PPP you are required to apply for forgiveness. There is a 5-minute application that has to be completed in order to have this money completely forgiven, otherwise it becomes a loan in which the SBA and IRS will require to be repaid. We urge everyone who received a PPP loan to apply for forgiveness to avoid having to repay whatever money they received.


Guidance Issued for Mayor de Blasio's Expanded Vaccine Mandate
Starting December 27, Mayor Bill de Blasio is expanding the vaccine mandate to include private businesses. Earlier today, the City has finally shared the guidance regarding the expanded mandate. The full details can be found herebut here are some highlights:

  • Beginning December 27, workers in New York City who perform in-person work or interact with the public in the course of business must show proof they have received at least one dose of a COVID-19 vaccine. Workers will then have 45 days to show proof of their second dose (for Pfizer or Moderna vaccines).
  • Businesses may not allow any unvaccinated workers to come to their workplace. A workplace is considered any location — including a vehicle — where you work in the presence of at least one other person.
  • Businesses must verify and keep a record of each worker’s proof of vaccination by December 27. There are three potential methods to accomplish this, all of which can be found here. 
  • By December 27, businesses must complete a certificate affirming they are in compliance with this requirement and post it in a public place.



Information Related to Governor Hochul's Mask and Vaccine Protocols
The Governor’s office has released useful information as it relates to implementing the new statewide mask and vaccine requirements. 

Specifically:
  • FAQs regarding the new requirements can be accessed Here
  • Mask and Vaccine Posters for businesses are available Here and Here
  • The NYS Health Commissioner's Determination can be found Here

The measures are effective until Jan. 15, 2022 at which time the State will re-evaluate the data and assess appropriate next steps. The Governor’s full press release also includes information on vaccines and boosters as well as the Excelsior Pass.  
 Grants of up to $50,000 now available for small businesses in New York State 
The New York State COVID-19 Pandemic Small Business Recovery Grant is administered by Empire State Development (ESD) and powered by Lendistry. The $800 million program was created to provide flexible grant assistance to currently viable small businesses, micro-businesses and for-profit independent arts and cultural organizations in the State of New York who have experienced economic hardship due to the COVID-19 pandemic. 

Who is Eligible? 
Small businesses, micro-businesses and for-profit independent arts and cultural organizations with fewer than 100 employees that are currently viable and have begun operation on or before March 1, 2019, and continue to be in operation as of the date of application (may be shuttered due to Covid-19 restrictions). 
Small businesses and micro-businesses must: 
  • Have 2019 or 2020 Gross Receipts of between $25,000 and $2,500,000 per annum as reflected on Applicant’s filed federal tax returns; 
  • Demonstrate positive net profit on 2019 Business Return ($1 or greater); and, 
  • Demonstrate at least a twenty-five (25%) loss in annual gross receipts in a year-to-year revenue comparison as of December 31, 2020, to the same period in 2019, in each case, as reflected on Applicant’s 2019 and 2020 filed federal tax returns, including any 2020 Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation and/or Lost Wage Assistance Programs as verified by NYS Department of Labor. 
  • Grants must be used for Covid-19 related expenses incurred between March 1, 2020 and April 1, 2021.
Please visit www.nysmallbusinessrecovery.com for more information or to apply. For language assistance, guidance on eligibility requirements or any additional questions, please contact the program's call center at 1-877-721-0097. APPLICATIONS DUE BY JANUARY 6,2022


FYI: Payments on Vaccine Mandate for Human Service Contracts
The City has announced that eligible vaccine-related expenses ($500 vaccine incentive for employees and up to 4 hours of paid leave to employees to accompany their children, 5 to 11 years old, to each COVID-19 vaccination) can be reimbursed on DYCD contracts for DYCD funded contracted staff. If you have made these expenses, below is the process to ensure you are reimbursed:

  1. When you have identified the applicable staff, please mod the amount needed to the incentive line in your budget and submit the “Budget Modification Justification Form” detailing the number of staff who received the $500 vaccine mandate incentive and the staff whose hours will be charged for up to 4 hours. The “Budget Modification Justification Form” can be found here.
  2. For reimbursement, please submit a separate invoice for funds on the indirect line labeled “vaccine mandate” and attach the enclosed DYCD provider attestation form with the requested information.
  3. For audit purposes, we strongly recommend that staff hours charged are reflected in your organization’s timesheets and payroll records. Additionally, there should be record-keeping of all staff who were given a gift card.
As we are in the second quarter of the fiscal year and all funds have not been exhausted, any requests for additional funds can be submitted to your program manager in April. Upon review, DYCD will add the supplemental funds.
If you have any questions, please send them to cafdhelp@dycd.nyc.gov


Business Spotlight
CRAB DU JOUR CELEBRATES PELHAM MANOR LOCATION
Crab Du Jour Cajun Seafood Boil & Bar is thrilled to announce its long-awaited grand opening celebration in Pelham Manor, NY. The restaurant is located at 810 Pelham Parkway in Pelham Manor with a lease that was signed pre-COVID, marks the 74th location for the burgeoning hospitality and restaurant group. Pelham Manor is the nineteenth restaurant in the greater New York City area, with other locations in the Bronx, Brooklyn, Staten Island, Manhattan, and Coney Island. Nine additional Crab Du Jour locations are slated to open in 2022 in Brooklyn, Bronx and White Plains.  


Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - DECEMBER 20, 2021

 Clinical specimen testing for Novel Coronavirus (COVID-19) at Wadsworth Laboratory

75,522 Vaccine Doses Administered Over Last 24 Hours    

60 COVID-19 Deaths Statewide Yesterday


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

“The winter surge in COVID-19 cases is a reminder that we must stay vigilant in our fight against the pandemic,” Governor Hochul said. “Make sure you are using all the tools that we know work in reducing the risk of transmission and serious illness: get vaccinated if you haven’t yet and get the booster if you have, mask up indoors and exercise caution when in large gatherings. Let’s make sure our loved ones and the most vulnerable among us this holiday season are there with us for the next and many more to come.” 

Today's data is summarized briefly below: 

  • Test Results Reported - 258,612
  • Total Positive - 23,391
  • Percent Positive - 9.04%
  • 7-Day Average Percent Positive - 7.40%
  • Patient Hospitalization - 4,020 (+140)
  • Patients Newly Admitted - 513
  • Patients in ICU - 769 (+8)
  • Patients in ICU with Intubation - 451 (+3)
  • Total Discharges - 223,654 (+336)
  • New deaths reported by healthcare facilities through HERDS - 60
  • Total deaths reported by healthcare facilities through HERDS - 47,613

    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 - 60,500

    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 - 32,448,118
  • Total vaccine doses administered over past 24 hours - 75,522
  • Total vaccine doses administered over past 7 days - 1,086,412
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 88.0% 
  • Percent of New Yorkers ages 18 and older with completed vaccine series – 80.1% 
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 94.5%
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 82.4% 
  • Percent of all New Yorkers with at least one vaccine dose - 76.7% 
  • Percent of all New Yorkers with completed vaccine series – 69.0% 
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 82.2% 
  • Percent of all New Yorkers with completed vaccine series (CDC) – 71.0%
EDITOR'S NOTE:

Yesterday the statewide number of Omicron COVID cases was 192, and the number of Omicron cases in New York City was 41. Today those figures are missing.
Were the December 18, 2021 figures from the governor's office wrong, and what are the figures for December 19, 2021?  

Attorney General James Responds to Trump Lawsuit

 

 New York Attorney General Letitia James today released the following statement after Donald J. Trump and the Trump Organization filed a lawsuit in the U.S. District Court for the Northern District of New York, seeking to stop Attorney General James’ legal investigation into him and his business:

“The Trump Organization has continually sought to delay our investigation into its business dealings and now Donald Trump and his namesake company have filed a lawsuit as an attempted collateral attack on that investigation. To be clear, neither Mr. Trump nor the Trump Organization get to dictate if and where they will answer for their actions. Our investigation will continue undeterred because no one is above the law, not even someone with the name Trump.”

In August 2020, Attorney General James filed a motion to compel the Trump Organization to provide the Office of the Attorney General with documents and testimony from multiple witnesses regarding several, specific Trump Organization properties and transactionsSince then, the court has ruled in Attorney General James’ favor multiple times.


13 Days and Counting - It's Not My Problem, It's Mayor Adam Problem

 


Hey Rubensito Mayor Eric Adams has named Lorraine Grillo his first deputy mayor, and four other women as his other Deputy Mayors. That crack Political Reporter you have in the Bronx Robert Press was right that you would not be first Deputy Mayor. Ruben, he now says that you will be working for a developer just like your predecessor did. The developers have a new frontier to build in the East Side of the Bronx. 


I just have to get through these two weeks until Mayor Adam takes over, and I can run for Governor as the mayor who saved New York City. I want to keep that pesky reporter Robert Press from telling people, as of yesterday December 19, 2021 there were only 41 cases of Omicron in the city, and 192 statewide. There are 8.4 million people in the city and 20.8 million people in the state. I don't want my moderator to call on him to ask a question, so I don't get showed up again by him.

Sunday, December 19, 2021

Prolific Thoroughbred Trainer Sentenced To Five Years In Federal Doping Case

 

Trainer Jorge Navarro Ordered to Pay Over $26 Million in Restitution

 Damian Williams, the United States Attorney for the Southern District of New York, announced that defendants JORGE NAVARRO received a sentence of sixty months’ imprisonment for his leading role in the felony drug misbranding and adulteration charges arising from this Office’s investigation of the abuse of animals through the use of performance enhancing drugs and as charged in United States v. Navarro et al., 20 Cr. 160 (MKV).  NAVARRO was sentenced by U.S. District Judge Mary Kay Vyskocil, who furthered ordered that NAVARRO pay $26,860,514 in restitution for the fraud perpetrated through his doping program. 

U.S. Attorney Damian Williams said:  “Jorge Navarro’s case reflects failings, greed, and corruption at virtually every level of the world of professional horse racing. For money and fame, corrupt trainers went to increasing extremes to dope horses under their care. Unscrupulous owners, who stood to profit directly, encouraged and pressured trainers to win at any cost. Veterinarians sworn to the care and protection of their patients routinely violated their oaths in service of corrupt trainers and to line their own pockets. Assistants and grooms all witnessed animal abuse in the service of greed, but did little to stop such conduct, and engaged in myriad ways to support notoriously corrupt trainers. Structures designed for the protection of the horses abused in this case failed repeatedly; fixtures of the industry – owners, veterinarians, and trainers – flouted rules and disregarded their animals’ health while hypocritically incanting a love for the horses under their control and ostensible protection. Standing as the keystone for this structure of abuse, corruption, and duplicity was Jorge Navarro, a trainer who treated his animals as expendable commodities in the service of his ‘sport.’ Today’s sentence appropriately condemns the danger inherent in Navarro’s crime and reflects the seriousness with which this Office takes the kind of abuse that Navarro practiced.”

According to the allegations contained in the Superseding Indictment, prior charging instruments and other filings in this case[1], and statements during court proceedings:

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The charges in the Navarro case arise from an investigation of widespread schemes by racehorse trainers, veterinarians, PED distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing. By evading PED prohibitions and deceiving regulators and horse racing officials, participants in these schemes sought to improve race performance and obtain prize money from racetracks throughout the United States and other countries, including in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates (“UAE”), all to the detriment and risk of the health and well-being of the racehorses.  Trainers, like NAVARRO, who participated in the schemes stood to profit from the success of racehorses under their control by earning a share of their horses’ winnings, and by improving their horses’ racing records, thereby yielding higher trainer fees and increasing the number of racehorses under their control. Veterinarians, including those whom NAVARRO directed in the corrupt administration of illegal substances, profited from the sale and administration of these medically unnecessary, misbranded, and adulterated substances.

NAVARRO operated his doping scheme covertly, importing misbranded “clenbuterol” that he both used and distributed to others, avoiding explicit discussion of PEDs during telephone calls, and working with others to coordinate the administration of PEDs at times that racing officials would not detect such cheating. Among the horses that NAVARRO trained and doped was XY Jet, a thoroughbred horse that won the 2019 Golden Shaheen race in Dubai.  Among NAVARRO’s preferred PEDs were various “blood building” drugs, which, when administered before intense physical exertion, can lead to cardiac issues or death.

NAVARRO’s crime was far from a single lapse in judgment. Rather, NAVARRO engaged in repeated and persistent efforts to cheat over the course of years, cycling through various sources of supply, and pursuing aggressively new means to illegally dope horses. Throughout, NAVARRO maintained a flippant attitude towards his dangerous and illegal conduct. NAVARRO, notoriously known in the horse racing world as the “Juice Man” due to his routine doping, kept a pair of customized shoes in his barn with the words “#JUICE MAN” emblazoned across the front:

Gif 3

In addition to the prison sentence, NAVARRO was ordered to payment of restitution in the amount of $26,860,514, reflecting winnings obtained through his fraudulent doping scheme.

Mr. Williams praised the outstanding investigative work of the FBI New York Office’s Eurasian Organized Crime Task Force and its support of the Bureau’s Integrity in Sports and Gaming Initiative. This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit.  

[1] As to Navarro co-defendants, the entirety of the texts of the Indictments and the descriptions of the Indictments set forth herein constitute only allegations and every fact described should be treated as an allegation.