Wednesday, January 26, 2022

UPDATED CONSUMER ALERT: Attorney General James Urges ShrubBucket Customers to File Claims

 

ShrubBucket’s Bankruptcy Proceeding Extends Deadline for Consumersto File Claims to Secure Refunds for Undelivered Services or Products

  New York Attorney General Letitia James today issued an updated consumer alert, urging New York customers of the online plant retailer, ShrubBucket, who are owed money for undelivered services or products to immediately file a claim in the company’s ongoing bankruptcy proceedings. ShrubBucket’s bankruptcy proceeding has extended the deadline for consumers to file claims and has set aside funds to repay affected consumers who file a priority claim. Consumers who were defrauded by ShrubBucket are encouraged to file priority claims by February 18th to secure refunds.

“ShrubBucket failed to deliver on its basic business services, but now consumers who were defrauded have a chance to get their money back,” said Attorney General James. “I urge any consumer who paid money to ShrubBucket but never received what they paid for to file a claim immediately. My office will not let companies get away with defrauding New Yorkers.”

ShrubBucket — an internet company based out of Ithaca, New York that sells plants, shrubs, and trees — filed for bankruptcy on June 18, 2021, but continued to wrongfully accept deposits from consumers up to a week before that bankruptcy filing. After receiving multiple complaints regarding the company’s practices, the Office of the Attorney General (OAG) began an investigation. Upon review of ShrubBucket’s bankruptcy filing, OAG found that more than 2,000 consumers paid deposits in May of 2021, but the company never fulfilled its orders or provided refunds.

Attorney General James issued a consumer alert in September, urging ShrubBucket consumers to file a claim. With the extended deadline in ShrubBucket’s bankruptcy proceedings, OAG encourages affected consumers to file a claim to secure their refund.

If consumers previously filed proofs of claim for products that were paid for and never received, then they should file an unsecured priority claim. Consumers who have already filed unsecured claims but did not file a 507(a)(7) priority claim may amend their filing. To amend a claim, individuals will need to check the “yes” box in response to question number 4 and input their claim number (if known) to show that this is an amended claim. Additionally, they will also need to input the claim amount in response to question number 7 and check “yes” in the second box (labeled “up to $3,025...”) in response to question number 12 and input the amount on that line. 

All proofs of claim should be completed and mailed to: United States Bankruptcy Court, James M. Hanley Federal Building, 100 South Clinton Street, Room 315, PO Box 7008, Syracuse, NY 13261-7008.

Governor Hochul Convenes New Interstate Task Force on Illegal Guns, Including Partnership with Mayor Adams and NYPD

Governor Hochul delivers remarks at the first meeting of the Interstate Task Force on Illegal Guns

New York State Police, NYPD, ATF and More Than 50 Multi-State Law Enforcement Representatives Met to Share Data and Resources to Stop the Flow of Illegal Guns 


NYSP Will Also Convene Local Law Enforcement Agencies Across New York As Part of Collaboration 

Governor Hochul today led the first meeting of the Interstate Task Force on Illegal Guns. The multi-state consortium convened to share intelligence, tools, tactics, and strategies to combat gun violence, especially as it relates to the trafficking of firearms between states. Among other things, the State Police discussed the latest tools and technologies available as well as analysis of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and other data sources in furtherance of this endeavor.   

 

“Gun violence is a public health crisis driven by a plague of illegal guns flowing into New York from out of state,” Governor Hochul said. “We are taking action to tackle this crisis head-on, and this collaboration with our local, interstate, and federal partners will help stop the flow of illegal guns and save lives."

 

Representatives from the New York State Police, the New York Police Department, and ATF were joined by law enforcement representatives from Rhode Island, Connecticut, Vermont, Ohio, Massachusetts, Pennsylvania, New Jersey, and New Hampshire and met for three hours to discuss a host of issues surrounding firearm-related investigations, policing strategies and best practices. The group discussed ways to improve gun data sharing across local, state and federal lines and explored the differences in federal and state laws that relate to ghost guns.

 

The group will have a follow-up meeting in the coming weeks, and NYSP will plan an intra-state consortium to share information with local law enforcement agencies across the state. 

 

Easily obtainable firearms fuel much of New York’s recent surge in gun violence and a rise in ghost guns, with most of these weapons trafficked into and throughout the state from other areas of the country. To take a holistic approach, in her 2022 State of the State Governor Hochul announced the interstate gun-tracing consortium which is working in partnership with law enforcement agencies from neighboring states and New York City. It is the latest joint effort to bring a unified approach from State and City leaders, including Governor Hochul, Lieutenant Governor Benjamin and Mayor Adams, to the crucial issue of public safety.

 

“Today, we gathered the best and brightest minds of law enforcement that the Northeast region has to offer, and frankly, I feel heartened by the collaboration I witnessed,” Lieutenant Governor Brian Benjamin said. “With these seasoned experts leading the strategy on how we interdict the trafficking of illegal guns, I can say with assurance that we are on our way to a safer New York. I thank the Governor for her leadership in creating the Interstate Taskforce on Illegal Guns. The intervention and intel efforts you’ve empowered through this consortium will save the lives of New Yorkers.”

 

“In the last three weeks, we have seen an alarming rise in gun violence, and it has inflicted too much heartbreaking tragedy on our city,” New York City Mayor Eric Adams said. “We are going to turn our pain into purpose and unite to take action. We know New York City is far from alone in dealing with this crisis, and I am grateful to Governor Hochul and all of our partners.”

 

Governor Hochul’s FY 2023 Executive Budget includes important investments for State Police staffing that will increase their analytical bandwidth, allowing them to aid local departments in thorough anti-gun trafficking and crime investigations. Investments are broken down into:

  • $215,000 increase for gun crime tracing team
  • $527,000 for social media analysts
  • $1.4 million for troop computer crimes
  • $6 million for the recruitment of two academy classes of 300 Troopers each
  • $3.9 million for equipment/software/special onboarding for computer/cybercrimes unit 

 

A $13 million investment into the Department of Criminal Justice Services’ Crime Analysis Center network will include the purchase of dedicated crime gun and ballistic tracing equipment for each center. Equipment will also be used by the State Police for investigations into gun violence and gun trafficking, especially in the Finger Lakes Region and Western NY, where the agency is noticing incoming shipments from Pennsylvania and Ohio.

 

Governor Hochul today also announced the appointment of Calliana S. Thomas as the Director of the New York State Office of Gun Violence Prevention. As part of the Governor's actions to prevent and reduce gun violence throughout New York State, the OGVP will identify and bring together key partners in the community and law enforcement to identify steps that can be taken to curb gun violence in New York State. Located within the Department of Health's Center for Community Health, the OGVP will collaborate with the Division of Criminal Justice Services and other State agencies to coordinate efforts and direct resources to existing and emerging gun violence hot spots.

 

In October, Governor Hochul signed legislation to further address the gun violence epidemic by prohibiting the possession of unfinished frames or receivers by anyone other than a licensed gunsmith or dealer in firearms; prohibiting the sale of ghost guns and requiring gunsmiths and dealers in firearms to register firearms in their possession, and; adding firearms designed to resemble toys to the definition of a 'disguised gun.'

MAYOR ADAMS’ STATEMENT ON PRESIDENT BIDEN’S VISIT TO NEW YORK CITY NEXT WEEK

 

New York City Mayor Eric Adams released the following statement in anticipation of President Joseph Biden’s visit to New York City next week:

“I look forward to welcoming President Biden to New York City next week and sitting down to discuss how we can work collaboratively to end the scourge of gun violence we are seeing on New York City streets. The sea of violence comes from many rivers, and that’s why my Blueprint to End Gun Violence in New York City seeks to dam every river that feeds this greater crisis. Public safety is my administration’s highest priority, and we welcome the opportunity to display to President Biden how federal and local governments can coordinate and support each other in this fight to keep New Yorkers safe.”


Tuesday, January 25, 2022

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 25, 2022

 Governor Hochul delivers briefing

New COVID-19 Hospital Admissions Down 25% Statewide Over Previous Week

Cases Per 100k (7-Day Average) Declining in All Regions

158 COVID-19 Deaths Statewide Yesterday


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

"The winter surge is not over yet, but cases continue to head in the right direction and we are in a far better position to deal with it than we were at this time last year," Governor Hochul said. "We have the tools and we know what works to keep our loved ones safe and our schools and economy open. Get vaccinated if you haven't yet, get boosted if you have, and please wear your mask and exercise caution in indoor public spaces.

Today's data is summarized briefly below:   

  • Test Results Reported - 129,534
  • Total Positive - 12,484
  • Percent Positive - 9.64%
  • 7-Day Average Percent Positive - 9.69%
  • Patient Hospitalization - 9,854 (+56)
  • Patients Newly Admitted - 894
  • Patients in ICU - 1433 (-46)
  • Patients in ICU with Intubation - 805 (-33)
  • Total Discharges - 265,839 (+667)
  • New deaths reported by healthcare facilities through HERDS - 158
  • Total deaths reported by healthcare facilities through HERDS - 52,146


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 - 65,193

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 - 35,563,210
  • Total vaccine doses administered over past 24 hours - 56,023
  • Total vaccine doses administered over past 7 days - 478,348
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 90.6%   
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 81.7%   
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%   
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 84.2%   
  • Percent of all New Yorkers with at least one vaccine dose - 79.9%   
  • Percent of all New Yorkers with completed vaccine series - 71.5%   
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 87.1%   
  • Percent of all New Yorkers with completed vaccine series (CDC) - 73.7%   

Attorney General James’ Statement on Death of NYPD Officer Wilbert Mora

 

 New York Attorney General Letitia James released the following statement in response to the death of NYPD Officer Wilbert Mora, the second officer killed while responding to a 911 call in Harlem:

“I join all of New York today in mourning the heartbreaking death of Officer Wilbert Mora. He was a hero until the end. Officer Mora and his partner, Officer Jason Rivera, showed courage in the face of imminent danger to protect New Yorkers. Their bravery exemplified their commitment to protecting the city they loved. Both will forever be remembered as heroes who dedicated their lives to making New York safer and stronger. I pray for strength and ease for their families and loved ones.” 

FAKE OSHA CARD AT JAVITS CENTER EXPANSION CONSTRUCTION UNCOVERS MASSIVE FAKE ID SCHEME

 

New York State Inspector General Lucy Lang today announced that an investigation of a construction worker found using a fake OSHA card on a major state infrastructure project in Manhattan has led to the arrest of two individuals who allegedly engaged in a widespread scheme to distribute fake identification documents. 

Michael Kruise Williams, 30, of Mamaroneck, was charged January 20 with one count of Conspiracy to Commit Fraud Relating to Identification Documents, one count of Production of False Identification Documents, one count of Bank Fraud and one count of Aggravated Identity Theft. Pedro Vasquez, 28, of the Bronx, is being arraigned today with one count of Conspiracy to Commit Fraud Relating to Identification Documents and one count of Transfer of False Identification Documents. 

“Workers on major construction projects are required to have proper training and OSHA certification in order to ensure worksites are safe for everyone,” said Inspector General Lang. “Our office uncovered a scheme to provide fake credentials to circumvent these critical safeguards, which led to a widespread fake ID operation. Thanks to the work of our office and multiple partners, we have shut down this fraudulent act. Meanwhile, we will continue to provide critical oversight of state infrastructure projects to identify and resolve any issues that may jeopardize safety and integrity.” 

“These arrests are the result of the thorough multi-agency investigative work required to take down these types of fraudulent schemes, which ultimately jeopardize worker site safety due to greed,” said Port Authority Inspector General John Gay. “The Port Authority is proud to be a partner in this effort and we remain committed to ensuring the safety of all throughout our region.”

“As alleged, Williams and Vasquez were involved in a lucrative criminal enterprise of stealing people’s identities and selling fraudulent identification documents including driver’s licenses, social security cards, and OSHA safety cards, and solicited customers by brazenly posting their illicit sales on social media platforms,” said Homeland Security Investigations (HSI) New York Acting Special Agent in Charge Ricky J. Patel.  “HSI and its partners will continue to seek out and bring to justice individuals that attempt to turn a profit by selling fake documents that can compromise the health and safety of those working at a job site or allow the bearer to illegally represent themselves by compromising the integrity of government identification documents.”  

The New York State Inspector General’s Office provides integrity oversight and monitoring for major state infrastructure projects, including the Jacob Javits Center Expansion Project and the Moynihan Train Hall in Manhattan. Construction workers on such major projects in New York State are required to undergo certified safety training before they begin work. 

In March 2019, a private compliance and risk monitoring firm for the Javits Center expansion project informed the Inspector General’s Office that a worker presented a fake Occupational Safety and Health Administration (OSHA) card purporting to certify that the individual had completed a safety course. While the card had the appearance of a valid credential, the Inspector General’s Office reviewed an OSHA database and learned that the card was fake. The worker was removed from the site, as project management reviews workers’ credentials on an ongoing basis. The Inspector General’s Office began an investigation and found that the worker obtained the fake OSHA card from Vasquez and paid him via Cash App. 

The Inspector General’s comprehensive investigation found Williams produced fake driver licenses, Social Security cards, and OSHA cards at an office in Norwalk, Connecticut using an ID printer and holograms purchased from China. Vasquez then advertised the fake documents on the internet and sold them for thousands of dollars in, among other places, the Bronx. 

In October 2019, an investigator with the Inspector General’s Office texted Vasquez purporting to need an OSHA card. Vasquez agreed to provide the false OSHA credential, requested the investigator’s full name and date of birth, and arranged a time and place to meet. An undercover investigator then met Vasquez in the Bronx and purchased the fake OSHA card for $150. Over the course of the next several months, the undercover investigator made additional purchases of fake identification from Vasquez, including additional OSHA cards, Social Security identification cards, and driver licenses from several states. The Inspector General’s Office and the Port Authority of New York and New Jersey captured surveillance – including audio and video – of each transaction.

The Inspector General’s investigation found multiple Facebook posts by Vasquez advertising the sale of fake documents. In one post dated January 4, 2017, Vasquez wrote, “I GOT EM OSHA POPPIN WHATS THE WORD.” On March 19, 2019, Vasquez posted “Osha cards same day process n scaffold lets go SHARE THIS PLZ OR TAG FRIENDS.” 

A review of Vasquez’s Cash App account found multiple payments from individuals seeking false documents, as well as payments to Williams totaling approximately $61,000. 

The investigation found that Williams purchased several items, including an ID printer and blank ID cards from a Florida-based company. Williams also sent approximately $115 via PayPal to a recipient in China with the transaction note reading “20 New Jersey, 10 Florida, 10 Connecticut, 10 PA.” He sent additional payments to the same recipient for holograms for identification cards. 

In July 2020, Homeland Security Investigations (HSI) received information from Customs and Border Protection officers at the JFK Mail Facility regarding the seizure of a package intended for Williams containing laminates with holograms resembling those used on driver licenses in Connecticut, New Jersey, Pennsylvania and Florida.

In February 2021, agents from the Inspector General’s Office, HSI and the Port Authority of New York and New Jersey executed search warrants of Williams’ residence and office, where they recovered several items, including credit cards in multiple individuals’ names, an ID card printer, more than 1,000 holograms from various states, approximately 3,000 blank ID cards, approximately 11 packages of laminate sleeves, three fake Social Security cards, more than 100 fake ID cards, several dozen fake OSHA cards, and a U.S. passport in another individual’s name. 

In chat messages stored on a hard drive seized from Williams’ residence via search warrant, Williams wrote to another individual:

  • “I bought the holograms too from China,” “I know it serious[,] But I don’t promote to nobody[,]” “Only deep criminals”[,] “Just got the lastest [sic] templates,” “Also offer Birth Certificates … Employee ID’s … Credit Cards … Employment Authorization Card … NYPD Card … US Passport.”
  • “Got the holograms today by the way … I got 5 states for now … 10 EACH FOR THESE FOLLOWING STATES[:] NJ[,] CA[,] TX[,] FL.”
  • “Busy doing the orders I had for the ID’s …. Bro I had tons of orders before[e] the id printer came. I was nervous cuz I took a lot of ppl money.”

Inspector General Lang thanked the U.S. Attorney’s Office for the Southern District for prosecuting the case. The Inspector General also thanked Homeland Security Investigations, the Port Authority of New York and New Jersey, and the Social Security Administration Office of Inspector General for participating in the investigation. The Inspector General also thanked the New York State Department of Motor Vehicles, the New York City Department of Probation and the Village of Mamaroneck Police Department for assisting in the investigation. 

The defendants are presumed innocent until and unless proven guilty in a court of law. 

Consumer Alert: Division of Consumer Protection Urges New Yorkers to be Aware of At Home Covid-19 Testing Scams

 

Beware of Solicitations of On-Line Services as Free COVID-19 Tests Are Now Available 

Protect Your Personal Information as Robocalls Are Pitching Testing Information to Get Financial Data

 The New York State Division of Consumer Protection (DCP) today warned about scammers taking advantage of the free COVID-19 test government program to steal personal information for unscrupulous purposes. Due to the high demand, scammers may start using techniques that typically arise with a free government event such as: falsely claiming to be online providers of the tests; sending fake emails and texts that contain harmful links designed to steal your personal information; and using robocalls to pitch testing information.

“The arrival of the COVID-19 free at home tests is one more tool in the fight to end this brutal pandemic, but unfortunately, it also creates new opportunities for unscrupulous scammers to attempt to lure people into unintentionally providing their personal information,” said Acting Secretary of State Robert J. Rodriguez. “As the free at-home test program is rolled out, New Yorkers can thwart the scammers by keeping their personal, financial and health information safe and questioning any requests for a social security number, credit card, health insurance or other personally identifiable information from anyone not affiliated with a trusted health or government entity.” 

"The availability of free COVID-19 test kits from the federal government will help millions of Americans to have multiple tests on-hand as we continue to monitor and navigate the winter surge," said New York State Health Commissioner Dr. Mary T. Bassett. "I urge New Yorkers to be vigilant in safeguarding their identity while they are protecting their health and always verify that a source is legitimate before providing personal information."

Consumers should also be aware that the ONLY website for the free at-home test kits is https://www.covidtests.gov/ .This link will direct you to a United States Postal Service page to complete the free at home test kit request form. The form only asks for your name and address. It does not require you enter a social security number, credit card number, health insurance number or any other personally identifiable information. The service is free. 

Every home in the U.S. is eligible to order four free at-home COVID-19 tests. To help ensure that residents have tests on hand if a need arises, the federal government is purchasing one billion at-home, rapid COVID-19 tests to give to Americans at no cost. A half-billion tests are available for order and are being mailed directly to households around the country. People are  able to order their tests online at COVIDTests.gov, and tests will typically ship within 7-12 days of ordering. This distribution method can spur a wave of scams if people are not aware of the right website or where to go to get the test. 

To avoid being victims of at home COVID- 19 testing scams, the Division of Consumer Protection offers the following tips: 

  • Don’t click on links from sources you don’t knowIt could download a virus onto your computer or device. Make sure the anti-malware and anti-virus software on your computer is up to date.
  • Be aware of emails coming from unknown senders. Watch for emails claiming to be from the Centers for Disease Control and Prevention (CDC) or experts claiming to have information about free at-home covid testing kits. For the most up-to-date information about the coronavirus in New York State, visit the New York State Department of Health website
  • Ignore online offers for at-home COVID-19 tests or emails claiming you can get your free at home testing kit sooner. If you see ads touting getting your at home Covid-19 testing kit sooner, ask yourself: is an ad or sales pitch a trusted source of information?
  • Be aware of emails asking for your personal information. Do your homework when it comes to sharing your personal information over email. Confirm by calling the sender.
  • Hang up on illegal robocallers. The federal government will not call you to offer you a free testing kit. If you receive a call about free at-home COVID-19 testing, hang up. Don’t press any numbers. The recording might say that pressing a number will let you speak to a live operator or remove you from their call list, but instead it might lead to more robocalls.
  • Official government websites use “.gov”. A .gov website belongs to an official government organization in the United States.
  • Secure .gov websites use HTTPS. A lock symbol or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

If you choose to shop online for at home COVID testing kits, keep these tips in mind[1]:

  • Make sure the test you’re buying is authorized by the Federal Drug Administration (FDA). Check the FDA’s lists of antigen diagnostic tests and molecular diagnostic tests before you buy to find the tests authorized for home use. (EUA is “emergency use authorization.”)
  • Check out a seller before you buy, especially if you’re buying from a site you don’t know. Search online for the website, company, or seller’s name plus words like “scam,” “complaint,” or “review.”
  • Compare online reviews from a wide variety of websites. You can get a good idea about a company, product, or service from reading user reviews on various retail or shopping comparison sites. Think about the source of the review. Ask yourself: Where is this review coming from? Is it from an expert organization or individual customers?
  • Pay by credit card. If you’re charged for an order you never got, or for a product that's not as advertised, contact your credit card company and dispute the charge.

For up-to-date information on COVID-19 testing and vaccination information, visit the New York State Department of Health website or call the COVID-19 Hotline at 1-888-364-3065.

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm or visit the DCP website at www.dos.ny.gov/consumerprotection. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer. 

NYC PUBLIC ADVOCATE'S STATEMENT ON THE DEATH OF NYPD OFFICER WILBERT MORA

 

"Friday’s tragedy has taken another life today with the passing of Officer Wilbert Mora. I pray for his family as the city stands with them in mourning, in opposition to this gun violence, and in commitment to ending it. 


"In this moment of tragedy, I want to extend gratitude in grief to Officers Rivera and Mora for their service and bravery. They responded to an urgent call for help from a fellow New Yorker, and I know that when the next call comes, NYPD officers will face great risk to answer it - we cannot forget that.


"When gun violence strikes, the pain and trauma resonate around and remain with a neighborhood, a community. Like law enforcement officers, the community has a role in preventing gun violence, and like the communities they serve, law enforcement feels the tragic impact of that violence.


"As elected officials, we have a moral obligation to do all we can to combat this violence in all its forms and save lives. As New Yorkers, we have a moral obligation to support one another in hardship and loss, and to unite in the shared goal of protecting, promoting, and producing public safety."