Governor Hochul Announces $57 Million Upgrade of Affordable Housing Development in Buffalo

 

Substantial Rehabilitation at McCarley Gardens Apartments Will Preserve Affordability, Improve Energy Efficiency and Safety for 149 Low-Income Families 

 Governor Kathy Hochul today announced the start of a $57 million substantial rehabilitation of an affordable housing development in downtown Buffalo. The planned renovations at McCarley Gardens Apartments will improve energy efficiency and enhance overall quality of life for 149 families while maintaining affordable rents. 

"We are working tirelessly to expand much-needed affordable housing throughout New York State, and this new housing upgrade will help strengthen Buffalo’s community and allow New Yorkers to live safely and sustainably,” Governor Hochul said. "Projects like McCarley Gardens Apartments are a key part of my administration’s commitment to provide modern and affordable homes, and to build towards a more prosperous future for hardworking families in Buffalo and beyond.”

McCarley Gardens Apartments is part of Governor Hochul's sweeping plans to make housing more affordable, equitable, and stable. This year, the State is poised to reach the goal of its current Housing Plan of creating and preserving 100,000 affordable homes and 6,000 with support services. Governor Hochul is building on this successful effort with a proposal for a new $25 billion, five-year Housing Plan that will create and preserve an additional 100,000 affordable homes in urban and rural areas across New York including 10,000 with support services.    

McCarley Gardens Apartments consists of 21 townhome-style buildings that were built in 1978, now in need of improvement. As part of the rehabilitation project, four additional two-story townhome buildings will be constructed on the campus.

When work is complete, the development will offer 27 two-bedroom apartments, 94 three-bedroom apartments and 28 four-bedroom apartments. All 149 apartments are affordable for households with incomes at or below 60 percent of the Area Median Income.   

The scope of renovations will include the installation of new kitchens with upgraded appliances, fixtures, cabinets, and countertops; new low-flow bathroom fixtures; and cosmetic upgrades that include new flooring and new paint. Site work will include replacement of storm and sewer lines, repaving parking areas, new sidewalks, and landscaping.  

To improve energy efficiency, each building will receive upgraded insulation, new windows, Energy Star-rated appliances, and high-efficiency boilers and hot water heaters where needed. The renovations are expected to reduce overall energy usage by approximately 29 percent.    

Residential amenities include free parking for residents, a playground, and a 900 square foot community room. 

McCarley Gardens campus is adjacent to the Buffalo Niagara Medical Campus and Buffalo’s central business district and will serve Buffalo’s essential workers with high quality, affordable housing options within walking distance of their workplace. 

The development team consists of St. John’s Baptist Church, BFC Partners and Sinatra & Co. Real Estate. State financing includes $10.2 million in permanent tax-exempt bonds, Federal Low-Income Housing Tax Credits that generated $24.3 million in equity and $9 million in subsidy from New York State Homes and Community Renewal. The New York State Energy Research and Development Authority will provide $94,500 in support.  Additional financing is being provided through subordinated debt and a deferred developer fee.

HCR Commissioner RuthAnne Visnauskas said, "Building a more equitable New York starts with expanding access to affordable housing and the many opportunities that a good home can provide. With this $57 million investment in McCarley Gardens Apartments, we are creating a healthier, safer and more comfortable living environment for 149 families, who will also benefit from lower energy bills, upgraded amenities, and easy access to transit in downtown. Our partnerships with Buffalo’s faith-based community, including St. John’s Baptist Church, have been instrumental in our efforts to deliver quality affordable homes and essential services across the city. We are grateful for their support, and to have a leader like Governor Hochul, who understands that protecting and preserving existing housing developments is essential to ending housing insecurity once and for all.”

Donald Capoccia, Principal of BFC Partners, said, “We are thrilled to be breaking ground on this critically important project today. McCarley Gardens has been an integral part of the Buffalo community for over forty years and through our partnership with St. Johns, we can ensure that it continues to serve longtime residents and future families for generations to come with affordable rents. We are committed to listening to the residents of McCarley Gardens and look forward to working with them on this community-driven project.” 

Doreen M. Harris, President and CEO at NYSERDA, said, “The upgrades made to the McCarley Gardens Apartments is another example of Governor Hochul’s commitment to providing low-income New Yorkers with access to affordable housing that incorporates sustainable measures – from energy efficient appliances to the building shell improvements and clean solar energy –that will improve air quality and reduce costs for residents. NYSERDA is pleased to see this project break ground and demonstrate that we can rehabilitate our existing buildings to increase comfort and reduce emissions, as well as ensure that new construction is climate-friendly and accessible to all New Yorkers.”

Congressman Brian Higgins said, “Expanding and maintaining access to affordable housing is of critical importance, especially for the hardworking people of Buffalo and Western New York. This is among the growing number of local projects utilizing federal low-income tax credits to offer quality, reasonably priced living options that help contribute to stronger families and a vibrant community.”

Senator Tim Kennedy said, "New York remains committed to investing in affordable housing opportunities that are both attainable and sustainable models. I'm pleased to see the extensive rehabilitation of McCarley Gardens move forward, and look forward to seeing this community-driven project improve the quality of life for both longtime residents and generations to come."

NYS Assembly Majority Leader Crystal Peoples-Stokes said, “The $56 million rehabilitation for McCarley Gardens in Buffalo’s Eastside is long overdue and will provide modernized affordable homes for city residents, serving as a shining example of the New York State Homes and Community Renewal’s commitment to revitalize our community. I applaud BFC Partners, St. John Baptist Church, Sinatra & Co, and the community stakeholders whose leadership contributed to making this community-driven project a reality."

Erie County Executive Mark Poloncarz said, “Affordable housing is critical to our economy and our community and contributes to the vitality of downtown. This $57 million investment in the McCarley Gardens apartments will upgrade and modernize those residences, located close by the Buffalo Niagara Medical Campus, and also add more housing to the site while improving energy efficiency.”

Mayor Byron W. Brown said, “This is a tremendous project that will build on my Administration’s continuing effort to create more attractive, safe and affordable housing units in the City of Buffalo. The City is pleased to contribute to the McCarley Gardens Apartments project with approximately $1 million through the Buffalo Urban Renewal Agency. I thank the development team and New York State Homes and Community Renewal for their vision and investment in the expansion and modernization of this Fruitbelt neighborhood housing complex.” 

EDITOR'S NOTE:

We left in the area elected officials commentsm so you can see what they say about this project. If a NYCHA resident is unhappy with their apartment or needs more room and wants to live in a much better building, we suggest that you apply for one of the 149 garden apartments that the area elected officials say will improve the quality of life for the residents.

Governor Kathy Hochul, don't forget this has to be done at most every NYCHA building in New York City, remember you are up for election, not re-election, because you were never voted in as governor of New York State.

Permits Filed For 229 West Kingsbridge Road In Kingsbridge Heights, The Bronx

 

Permits have been filed for a seven-story mixed-use building at 229 West Kingsbridge Road in Kingsbridge Heights, The Bronx. Located between Heath Avenue and Kingsbridge Terrace Street, the lot is closest to the Marble Hill-225th Street subway station, serviced by the 1 train. Durgaj Properties Corporation is listed as the owner behind the applications.

The proposed 70-foot-tall development will yield 25,841 square feet, with 24,666 square feet designated for residential space and 1,175 square feet for community facility space. The building will have 37 residences, most likely rentals based on the average unit scope of 667 square feet. The masonry-based structure will also have a cellar, 42-foot-long rear yard, eight open parking spaces, and five enclosed parking spaces.

Node Architecture Engineering Consulting PC is listed as the architect of record.

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

Four Defendants Arrested In Connection With The Overdose Death Of Michael K. Williams

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Keechant Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced that IRVIN CARTAGENA, a/k/a “Green Eyes,” was charged in a criminal complaint unsealed yesterday in Manhattan federal court with a narcotics conspiracy in which he distributed the fentanyl-laced heroin that resulted in the death of Michael K. Williams.  In another criminal complaint unsealed today, co-conspirators HECTOR ROBLES, a/k/a “Oreja,” LUIS CRUZ, a/k/a “Mostro,” and CARLOS MACCI, a/k/a “Carlito,” were charged as members of the fentanyl and heroin conspiracy.  CARTAGENA was arrested in Puerto Rico yesterday and is expected to be presented tomorrow in federal court in Puerto Rico.  ROBLES, CRUZ, and MACCI were arrested yesterday and will be presented today in Manhattan federal court before United States Magistrate Judge Stewart D. Aaron.

U.S. Attorney Damian Williams said: “Michael K. Williams, a prominent actor and producer, tragically overdosed in his New York City apartment from fentanyl-laced heroin. Today, along with our law enforcement partners at the NYPD, we announce the arrests of members of a drug crew, including Irvin Cartagena, the man who we allege sold the deadly dose of drugs to Michael K. Williams.  This is a public health crisis.  And it has to stop.  Deadly opioids like fentanyl and heroin don’t care about who you are or what you’ve accomplished.  They just feed addiction and lead to tragedy.  The Southern District of New York and our law enforcement partners will not give up.  We will bring every tool to bear.  And we will continue to hold accountable the dealers who push this poison, exploit addiction, and cause senseless death.”

NYPD Commissioner Keechant Sewell said:  “As these federal charges show, the NYPD’s narcotics and precinct detectives in Brooklyn North lived this case, never relenting in their investigation until they could bring a measure of justice to Michael K. Williams and his family. It is a level of dedication the NYPD carries out in every case, from beginning to end, in every instance where criminals peddle narcotics and prey on the innocent, and where people die from illegal drugs. I commend our NYPD investigators, working closely with their federal partners in the United States Attorney’s Office, in the Southern District of New York, for their work to clean up this long-embattled block in Williamsburg, Brooklyn, and for their sustained commitment to follow every lead this case wrought, from New York City to Puerto Rico and back.”

According to the allegations in the complaints[1]:

Since at least in or about August 2020, a drug trafficking organization (the “DTO”) has been operating in the vicinity of 224 South 3rd Street in the Williamsburg neighborhood of Brooklyn, New York.  The DTO sells heroin laced with fentanyl and a fentanyl analogue on the street in front of, and from an apartment inside of, the apartment building located at 224 South 3rd Street, among other places.  On or about September 5, 2021, members of the DTO sold Michael K. Williams heroin, which was laced with fentanyl and a fentanyl analogue, with CARTAGENA executing the hand-to-hand transaction, as shown in the below screenshots from surveillance video.

 

Williams died as a result of using that fentanyl-laced heroin.  Despite knowing that Williams died after being sold the DTO’s product, CARTAGENA, ROBLES, CRUZ, and MACCI continued to sell fentanyl-laced heroin, in broad daylight, amidst residential apartment buildings, in Brooklyn and Manhattan.     

CARTAGENA, 39, of Brooklyn, New York; ROBLES, 57, of Brooklyn, New York; CRUZ, 56, of Brooklyn, New York; and MACCI, 70, of Brooklyn, New York, are each charged with conspiracy to distribute and possess with intent to distribute fentanyl analogue, fentanyl, and heroin, which carries a mandatory minimum sentence of 5 years in prison and a maximum sentence of 40 years in prison.  CARTAGENA is also charged with causing the death of Williams in connection with the narcotics conspiracy, which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison.  The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Williams praised the outstanding investigative work of the NYPD and the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA) Intelligence Analysts.  Mr. Williams also thanked the Organized Crime Drug Enforcement Task Force (“OCDETF”) New York Strike Force, the United States Marshals Service, the New York/New Jersey Regional Fugitive Task Force, and the New York Division of the DEA for their assistance in this case.

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

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

Governor Hochul Announces $100 Million for Behavioral Health Crisis Stabilization Centers

 

$100 Million Will Create 12 Centers Over Five Years

Facilities Provide Immediate Assistance to People in Crisis

 Governor Kathy Hochul today announced availability of more than $100 million in funding over the next five years for 12 new Intensive Crisis Stabilization Centers across the State that will provide immediate care for people who are experiencing a behavioral health crisis. The Office of Mental Health (OMH) and the Office of Addiction Services and Supports (OASAS), have issued a joint Request for Proposals to fund development of the Centers.

"Every New Yorker deserves the dignity of having access to quality health care, especially during a public health crisis," Governor Hochul said. "These behavioral health centers will provide immediate assistance to people in crisis before their condition worsens. New York will continue to lead the way in making important investments to eliminate healthcare disparities and help ensure that behavioral health services are available to every New Yorker who needs it."

OMH Commissioner Dr. Ann Sullivan said, "Crisis Stabilization Centers serve adults, children and families who need an urgent response to critical situations. The Centers will be open all-day every day of the year and will provide help when it is needed most. Thanks to Governor Hochul's direction and leadership we have an opportunity to fund these proven and effective community-based services."

OASAS Commissioner Dr. Chinazo Cunningham said, "For those unable to access alcohol or substance use disorder treatment during normal business hours, Crisis Stabilization Centers will provide a 24/7 front door to address their addiction. After supporting a handful of these sites over the past few years, OASAS is proud to finally be able to promote the establishment of this model across New York State.  Now, people in more communities will have access to these vital services which are critical to help improve their health."

State contracts awarded through the RFP will provide more than $100 million for the 12 Crisis Stabilization Centers over five years, including $20 million for start-up costs and more than $80 million in operating funds

All crisis services are offered in a safe, welcoming, and therapeutic environment. Walk-in care is available to all individuals, including adults, children, adolescents, and families. The Centers will be open 24/7, 365 days per year and recipients may receive services for up to 24 hours.

The Centers will provide care, observation and urgent treatment to individuals experiencing a mental health and/or substance use crisis. These services will be provided right in the community and will divert individuals away from unnecessary emergency room visits. The Centers will provide peer and recovery-oriented support services, in addition to referral and follow-up services to ensure people continue to receive the support they need after discharge.

The Crisis Stabilization Centers are part of a comprehensive crisis response system that includes mobile crisis teams, crisis residential programs, and other community services and supports.

The RFP calls for development of three Crisis Stabilization Centers in New York City and nine across the remainder of the State. The Centers are to be jointly certified by OMH and OASAS and developed in collaboration with the communities they serve, including Local Mental Hygiene Directors, schools, community providers, law enforcement agencies and other identified programs to provide a comprehensive continuum of care for referrals and follow-up.

New York City Mayor Eric Adams said, "Addressing the mental health crisis in New York City is critical to building a robust recovery and requires collaboration across all levels of government. These Behavioral Crisis Stabilization Centers will serve New Yorkers 24/7 and provide them with immediate support and resources. I'm grateful for Governor Hochul's partnership on this issue and applaud her work to expanding these proven and effective programs across New York."

Harvey Rosenthal, CEO of New York Association of Psychiatric Rehabilitation Services (NYAPRS) said, "With today's commitment and investment in these innovative new Crisis Stabilization Centers, Governor Hochul is adding an essential component to New York's continuum of crisis responses to people in acute distress. The Centers will offer a voluntary one stop comprehensive urgent care setting that will offer an array of mental health and addiction recovery and medical services at a time when they are most needed. Great thanks to Governor Hochul for taking swift action to address the mental health and homeliness crises we face across New York City and New York State."

Glenn Liebman, CEO of the Mental Health Association in New York State, Inc. (MHANYS) said, "We thank Governor Hochul and Commissioners Sullivan and Cunningham for their leadership in the funding of crisis stabilization center for behavioral health. The Stabilization Centers will serve as an 'urgent care' center for individuals in a mental health or addictions crisis. They will help mitigate the need for law enforcement engagement and emergency room responses. The combination of capacity for Crisis Stabilization Centers, combined with resources for 988 and a robust commitment to Mobile Crisis Teams will create a strong response to the needs of individuals and their families when they are in a mental health or addictions crisis."

New York City Council Speaker Adrienne E. Adams said, “By ensuring behavior health services reach New Yorkers in crisis, we can intervene earlier to improve public health and safety. This investment to establish three behavioral health crisis stabilization centers within New York City is an important step towards making communities safer and stronger by focusing on New Yorkers’ well-being. In order to address our public safety challenges, we must prioritize mental health care reaching those who need it most. I thank Governor Hochul for investing state funds in this model of behavior health care at the community level."

This RFP can be found on both the OMH website under Procurement Opportunities at: https://www.omh.ny.gov/omhweb/rfp/ and the OASAS website under Procurement at: https://oasas.ny.gov/procurement.  

A bidders' conference, open to all interested individuals, will be held on February 28, 2022, from 9:00 AM to 10:30 AM.  Refer to RFP for additional information on the conference.

Responses to the RFP are due 5/19/2022.

MAYOR ADAMS ANNOUNCES APPOINTMENTS THAT WILL STRENGTHEN NEW YORK CITY’S SOCIAL SAFETY NET

 

Gary Jenkins Appointed as DSS Commissioner

 

Lisa Fitzpatrick as HRA Administrator

 

Joslyn Carter as DHS Administrator

 New York City Mayor Eric Adams today made a number of appointments to his administration that will help build on his vision of creating a stronger social safety net for New Yorkers. Mayor Adams announced the appointments of Gary Jenkins as commissioner of the Department of Social Services (DSS) and Lisa Fitzpatrick as administrator of the Human Resources Administration (HRA), as well as the reappointment of Joslyn Carter as administrator of the Department of Homeless Services (DHS). The three have combined decades of experience serving some of the most vulnerable people in New York City.

 

“In order to help New Yorkers who are struggling and ensure a robust recovery from the pandemic, we need leadership with the right mix of experience, talent, and emotional intelligence,” said Mayor Adams. “Commissioner Jenkins, Administrator Fitzpatrick, and Administrator Carter have shown throughout their long careers in public service that they can deliver for New Yorkers who need help the most, and we are proud to have them join our team as we work every day to ‘Get Stuff Done’ for New Yorkers.”

 

Mayor Adams has articulated a vision to make social services more effective and accessible for New Yorkers in the greatest need that includes targeted outreach the development of a MyCity app — a single portal for all city services and benefits. He also put forward proposals to help homeless New Yorkers transition out of shelters and into stable, permanent housing. 

 

“I commend Mayor Adams for uplifting the leadership of Commissioner Jenkins, Administrator Carter, and Administrator Fitzpatrick, a compassionate and conscientious team of public servants who work tirelessly to empower our neighbors in need,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “The mayor has set the tone for our administration to go upstream and prevent New Yorkers from falling into the rivers of poverty and homelessness, while strengthening our social safety net for those who need support now. Working together with our partners inside and outside government, we will deliver on this critical mission.”

 

“The unifying mission at the Department of Social Services is to support New Yorkers in need, and I cannot think of two individuals better qualified to carry forward this mission and lead the Department of Homeless Services and Human Resources Administration,” said DSS Commissioner Jenkins. “Administrator Carter and Administrator Fitzpatrick have dedicated their lives to strengthening the city’s social safety net, and I look forward to working with both to build on the progress we have made to tackle poverty and inequality, prevent homelessness, and provide critical services to our fellow New Yorkers in a compassionate and caring manner.”   

 

“It is an honor to be appointed HRA administrator and I am eager to get to work improving how we serve New Yorkers in need and ensuring they can access vital resources,” said HRA Administrator Fitzpatrick. “For more than 35 years at HRA, I’ve seen firsthand the importance of the services we provide to New Yorkers and the care and compassion our staff strive to bring to our shared mission every day. I look forward to working with Mayor Adams, Commissioner Jenkins, and all our great staff at HRA, and am confident that our agency can play an important role in ensuring our city's recovery from the COVID-19 pandemic is rooted in equity and inclusion.”

 

“Supporting New Yorkers in need has been my life’s mission, and it is a true honor to continue serving in my capacity as DHS Administrator,” said DHS Administrator Carter. “Each day at DHS, I am reminded of the important work our staff and provider partners do 24/7/365 to support New Yorkers experiencing homelessness, and I want to extend a special thanks to our teams and our collaborators for their tireless work ethic and dedication. I look forward to working with Mayor Adams, Commissioner Jenkins, and all our great staff at DHS to build on the important progress we have made transforming our city’s approach to homeless services, which is more important than ever as we emerge from the unprecedented challenges of the past two years.”   

 

About Gary Jenkins

Gary Jenkins will serve as commissioner of DSS. Prior to his appointment as DSS commissioner, Jenkins served as administrator for HRA. In this leadership role as HRA administrator, Jenkins directly oversaw all HRA programs and operations. Prior to that, as first deputy commissioner at HRA, he oversaw the Homelessness Prevention Administration, Employment Services, the Office of Child Support Services, and the Fair Fares Program. In his more than 30 years with HRA, Jenkins has held a range of leadership positions in numerous HRA program areas, including the Medicaid Program and Temporary Cash Assistance and Supplemental Nutrition Assistance Program (SNAP).

 

Commissioner Jenkins will report to Deputy Mayor for Health and Human Services Williams-Isom.

 

About Lisa Fitzpatrick

Lisa Fitzpatrick will serve as administrator of HRA. As HRA administrator, Fitzpatrick will oversee all HRA programmatic and operational areas, ensuring New Yorkers can access the benefits and services they and their families need. With over 37 years in HRA, Lisa Fitzpatrick has worked her way up the ranks, from an eligibility specialist to the chief program officer for the Medical Assistance Program and the Family Independence Administration (FIA). She has also held a wide variety of other positions, including as assistant deputy commissioner of the Office of Procedures and Deputy Commissioner for FIA Operations. Throughout her career, Fitzpatrick helped to implement welfare reform policies and establish emergency services during 9/11 and Hurricane Sandy. In addition, she has implemented numerous initiatives with the goal of improving program integrity, while eliminating or reducing antiquated processes that made it difficult for staff to administer benefits. Fitzpatrick is a strong client and staff advocate who continuously looks for ways to improve access to benefits and services. She has a Bachelors Degree in Business Administration and a Master of Public Administration from City University of New York’s (CUNY) Bernard Baruch College. 

 

Administrator Fitzpatrick will report to Commissioner Jenkins.

 

About Joslyn Carter

Joslyn Carter, Licensed Clinical Social Worker (LCSW) will continue to serve as administrator of DHS. Carter is currently the administrator of the New York City’s Department of Homeless Services. Appointed in 2017, she is responsible for managing the daily operations of the nation’s largest and most comprehensive municipal shelter system for homeless adults and families through a network of directly operated as well as not-for-profit-operated facilities and programs.  

 

Carter has worked at DHS for almost 18 years, with increasing responsibilities within the agency. She began her employment as a program analyst, managing 10 family shelters, and was promoted to a program administrator in 2008, where her responsibilities grew to managing over 25 family shelters. In 2013, Carter was appointed to the associate commissioner of Transitional Services and was responsible for the management of all family shelters. In 2015, Carter was appointed as the associate commissioner of family intake.   

 

Prior to joining the DHS, Carter worked both for public and private entities, including Kings County Hospital as a social worker in both the Emergency Room and Obstetrics, the American Red Cross as the director of social services, and Talbot Services Children Services as the director of preventive services. She has also worked as a therapist, providing treatment for individuals, including children. She is certified as a student field instructor for Hunter College, ​has provided clinical supervision for MSW students​, and has developed and run support groups for women, girls, and families. 

 

Carter brings over 25 years of professional experience and knowledge to her position.  She received her Master of Social Work Degree from the Hunter College School of Social Work in 1993 and completed a post graduate Clinical Social Work Fellowship from Yale University in 1996, receiving clinical training in working with children and families. She has also served as an adjunct professor at the Stony Brook School of Social Work.

 

Administrator Carter will report to Commissioner Jenkins.

Former Bank Branch Manager Pleads Guilty To Tech Support Fraud Scheme That Exploited The Elderly

 

Technical Support Scheme Deceived Victims Across the United States and Canada, Many of Whom Are Elderly, into Paying for Phony Computer Repair Services

 Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant ARIFUL HAQUE pleaded guilty today to participating in a conspiracy that exploited victims, including elderly victims, by remotely accessing their computers and convincing victims to pay for computer support services they did not need, and which were never actually provided.  HAQUE registered a purported technical support company, which defrauded more than 100 victims.  HAQUE pleaded guilty to conspiracy to commit wire fraud before U.S. District Judge Paul A. Crotty, to whom his case is assigned.

U.S. Attorney Damian Williams said:  “As he admitted today, Ariful Haque participated in a conspiracy that caused pop-up windows to appear on victims’ computers—pop-up windows that claimed, falsely, that a virus had infected the victim’s computer.  Through this and other misrepresentations, this fraud scheme deceived scores of victims, including some of society’s most vulnerable members, into paying hundreds of thousands of dollars to the perpetrators.  Thanks to our partners at Homeland Security Investigations, Haque now awaits sentencing for his crime.”

According to the allegations contained in the Superseding Information, court filings, and statements made during plea proceedings:

From approximately November 2017 through June 2019, HAQUE was a member of a criminal fraud ring (the “Fraud Ring”) based in the United States and India that committed a technical support fraud scheme that exploited score of victims located across the United States and Canada, including in the Southern District of New York.  The Fraud Ring’s primary objective was to trick victims into believing that their computers were infected with malware, in order to deceive them into paying hundreds or thousands of dollars for phony computer repair services. 

The scheme generally worked as follows.  First, the Fraud Ring caused pop-up windows to appear on victims’ computers.  The pop-up windows claimed, falsely, that a virus had infected the victim’s computer.  The pop-up window directed the victim to call a particular telephone number to obtain technical support.  In at least some instances, the pop-up window threatened victims that, if they restarted or shut down their computer, it could “cause serious damage to the system,” including “complete data loss.”  In an attempt to give the false appearance of legitimacy, in some instances the pop-up window included, without authorization, the corporate logo of a well-known, legitimate technology company.  In fact, no virus had infected victims’ computers, and the technical support phone numbers were not associated with the legitimate technology company.  Rather, these representations were false and were designed to trick victims into paying the Fraud Ring to “fix” a problem that did not exist.  And while the purported “virus” was a hoax, the pop-up window itself did cause various victims’ computers to completely “freeze,” thereby preventing these victims from accessing the data and files in their computer—which caused some victims to call the phone number listed on the pop-up window.  In exchange for victims’ payment of several hundred or thousand dollars (depending on the precise “service” victims purchased), the purported technician remotely accessed the victim’s computer and ran an anti-virus tool, which is free and available on the Internet.  The Fraud Ring also re-victimized various victims, after they had made payments to purportedly “fix” their tech problems.

The Fraud Ring operated through at least 15 fraudulent entities.  In November 2017, HAQUE registered one of these fraudulent entities in New York State.  HAQUE’s entity defrauded more than approximately 100 victims as part of this scheme.  As part of his involvement in the scheme, HAQUE opened U.S. bank accounts to receive funds from victims, and HAQUE repeatedly provided a co-conspirator in India (“CC-1”) with authentication codes so that CC-1 could wire funds out of these bank accounts.  HAQUE, a former bank branch manager in New York City, also made suggestions to CC-1 about which victim checks should, and should not, be deposited, noting in messages that it was “Not a good idea to deposit” certain specified checks.  HAQUE also assisted another co-conspirator (“CC-2”), who had registered a different fraudulent entity that was part of the Fraud Ring, as well.  In total, as he admitted in his plea agreement, HAQUE is responsible for losses exceeding $600,000.

HAQUE, 36, of Queens, New York, pled guilty to one count of conspiracy to commit wire fraud, which carries a maximum penalty of five years in prison.  The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as HAQUE’s sentence will be determined by the judge.  HAQUE’s sentencing is scheduled for May 4, 2022 at 12:00 p.m. before Judge Crotty.

Mr. Williams praised the New York Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”)’s El Dorado Task Force, Cyber Intrusion/Cyber Fraud Group for its outstanding work on the investigation.  Mr. Williams also thanked the New York City Police Department for its assistance on this case. 

Attorney General James Reminds New Yorkers About Increased Protections from Surprise Medical Bills

 

New York Attorney General Letitia James today continued her efforts to protect consumers from unexpected and often devastating medical bills by reminding New Yorkers of new safeguards against surprise bills. The federal No Surprises Act, which went into effect on January 1, 2022, builds upon existing New York law to shield New Yorkers from many unexpected medical bills. The new law prohibits hospitals and health care providers from billing patients for more than their in-network co-payment or deductible on many unexpected out-of-network bills.

“Unexpected medical bills can be a devastating blow for individuals and families and take years to recover from,” said Attorney General James. “New Yorkers should be able to seek necessary medical treatment without worrying about unanticipated financial hardship, but they first must know about the protections available to them. This additional support from the federal government will allow New Yorkers to focus on what’s really important: getting the care they need.” 

Under both the No Surprises Act and New York law, hospitals and health care providers are prohibited from billing a patient for more than the in-network co-payment, co-insurance, or deductible costs for certain “surprise” out-of-network bills. These surprise bills include bills for: 

• Emergency services provided at emergency rooms or freestanding emergency departments. Emergency care includes screening and stabilizing treatment sought by patients who believe they are experiencing a medical emergency or are in active childbirth labor.
  
  
• Non-emergency services provided at in-network facilities. Treatment by an out-of-network health care provider at an in-network hospital, hospital outpatient department, or ambulatory surgery center is covered under the law.  
  
  
• Air ambulance services 

Additionally, the No Surprises Act has provisions that further protect consumers from getting entangled in billing disputes, including the required disclosure of all surprise billing protections directly to all patients and on the health care provider’s websites. Providers also now need to submit surprise out-of-network bills directly to patients’ health plan, so the health plan can send a payment to the provider and send the patient an Explanation of Benefits (EOB) indicating the amount the patient owes the out-of-network provider. 

If a health plan applies out-of-network coverage to a surprise bill, patients have the right to appeal. Consumers may appeal the determination to the health plan and then, if the plan upholds its decision, to an independent external reviewer. The new guidelines apply to uninsured New Yorkers as well, for whom health care providers must provide good faith estimates of expected charges. If the amount charged is more than $400 over the estimate, the uninsured may elect to submit their bill for review.

In 2014, New York passed groundbreaking legislation to protect consumers from surprise medical bills. The “Surprise Bill” was the first of its kind in the nation and provides transparency to consumers to protect them from excessive bills when a patient unknowingly receives services from a physician who is not part of their health care plan’s network of providers. 

Additional information regarding surprise billing can be found on the Office of the Attorney General website. Please contact the Attorney General’s Health Care Helpline at 1-800-428-9071, or visit the online portal if you believe that you have been improperly charged for a surprise bill by a health care provider, or that a health plan has improperly assessed cost-sharing for a surprise bill.

Governor Hochul Updates New Yorkers On State's Progress Combating Covid-19 - FEBRUARY 2, 2022

 

Milestone Achieved: 80% of 12-17 Year Olds Have Received at Least One Dose According to CDC

7-Day Average of Cases Continues to Decline in All Regions  

136 COVID-19 Deaths Statewide Yesterday

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

"While Omicron has done its best to stop our recovery in its tracks, New Yorkers haven't let up and we continue to see a steady decline in our hospitalizations and cases," Governor Hochul said. "The progress we've made is a strong indication that we have the tools - vaccines, boosters, tests and masks - to keep our communities safe, and our schools, businesses and economy open. The vaccine and booster are also critical to protecting our children's health against COVID-19, and we reached an important milestone today with 80% of 12-17 year olds in New York receiving at least one dose. Let's continue to use these tools and make sure we keep our children healthy."

Today's data is summarized briefly below:

• Test Results Reported - 177,927
• Total Positive - 9,342
• Percent Positive - 5.25%
• 7-Day Average Percent Positive - 5.96%
• Patient Hospitalization - 6,628 (-503)
• Patients Newly Admitted - 694
• Patients in ICU - 1094 (-46)
• Patients in ICU with Intubation - 641 (-26)
• Total Discharges - 273,796 (+925)
• New deaths reported by healthcare facilities through HERDS - 136
• Total deaths reported by healthcare facilities through HERDS - 53,230

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 - 66,391

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 - 35,987,678
• Total vaccine doses administered over past 24 hours - 52,700
• Total vaccine doses administered over past 7 days - 358,347
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 91.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 82.1%
• 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) - 84.6%
• Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 80.0%
• Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 69.6%
• Percent of all New Yorkers with at least one vaccine dose - 80.2%
• Percent of all New Yorkers with completed vaccine series - 72.0%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 87.6%
• Percent of all New Yorkers with completed vaccine series (CDC) - 74.2%