Chinese Government Employee Convicted Of Participating In Conspiracy To Defraud The United States And Fraudulently Obtain U.S. Visas

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that ZHONGSAN LIU was convicted yesterday of participating in a conspiracy to defraud the United States by obstructing the lawful functions of the U.S. Department of State and the Department of Homeland Security and with committing visa fraud.  LIU was convicted after a one-week trial before the Honorable Valerie E. Caproni. 

U.S. Attorney Damian Williams stated: “Liu Zhongsan sought to exploit the J-1 research scholar program—which is intended to allow foreign nationals to conduct research at approved U.S. institutions—for the improper purpose of enabling his conspirators to work for the Chinese Government in the United States, against the rules of the research scholar program.  Liu’s conviction reflects this Office’s commitment to holding to account those who seek to defraud this country’s visa system and the agencies responsible for its administration.”

As reflected in the Indictment, public filings, and the evidence presented at trial:

LIU participated in a scheme to fraudulently procure J-1 research scholar visas for employees of the government of the of the People’s Republic of China (the “PRC Government”) in order to enable them to unlawfully work for the PRC Government in the United States and to conceal that unlawful work from the United States and its agencies.

LIU operated an office of the China Association for the International Exchange of Personnel (“CAIEP”), an agency of the PRC Government, in Fort Lee, New Jersey.  Among other activities, CAIEP engages in talent-recruitment for the benefit of the PRC, including recruiting U.S. scientists, academics, engineers, and other experts to work in China.

From 2017 up to and including September 2019, Liu worked with others to fraudulently procure J-1 research scholar visas for PRC Government employees in order to enable those employees to unlawfully work for CAIEP in the United States and to conceal that unlawful work from the Department of State and the Department of Homeland Security.  The J-1 research scholar program permits foreign nationals to come to the United States for the primary purpose of conducting research at a corporate research facility, museum, library, university, or other research institution.  LIU worked with others to obtain a J-1 research scholar visa for a prospective CAIEP employee, Sun Li, based on the false representation that Sun Li would conduct research at a U.S. university, and to conceal the unlawful work of another CAIEP employee, Liang Xiao, who was present in the United States on a J-1 visa sponsored by a U.S. university.

In or about April 2018, Liang Xiao applied for and received a J-1 visa to conduct research at that U.S. university.  Although Liang represented to the U.S. Government that she was entering the United States for the primary purpose of conducting research at the university, Liang’s actual purpose in the United States consisted of working for CAIEP.  LIU helped Liang take measures to enhance her false appearance as a research scholar by, among other things, directing Liang to report to the university upon her arrival in the United States; ensuring that Liang obtained a local driver’s license; and disguising Liang’s CAIEP salary as a subsidy for a research scholar’s living expenses.

In addition, LIU sought to enable Sun Li to obtain a J-1 research scholar visa under false pretenses.  In particular, LIU reached out to contacts at multiple U.S. universities in order to arrange for a university to invite Sun Li to come to the United States as a J-1 research scholar.  In truth and in fact, however, LIU intended that Sun Li’s primary purpose in the United States would consist of working for CAIEP.

LIU, 59, of Fort Lee, New Jersey, was convicted of one count of conspiracy to defraud the United States and to commit visa fraud, which carries a maximum sentence of five years.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  Sentencing before Judge Caproni is scheduled for July 11, 2022.

Mr. Williams praised the outstanding investigative work of the FBI, and thanked the U.S. Department of State, Department of Homeland Security, Homeland Security Investigations, and the Counterintelligence and Export Control Section of the U.S. Department of Justice’s National Security Division for their assistance. 

Attorney General James Releases Footage From Investigation Into the Death of James Huber

 

New York Attorney General Letitia James today released police body-worn camera footage from the New York State Police (NYSP) that her office obtained as part of its ongoing investigation into the death of James Huber. Mr. Huber died on February 12, 2022, following an encounter with a member of NYSP in Buffalo.

The release of this footage follows Attorney General James’ directive that videos obtained by her office in the course of investigations conducted by the Office of Special Investigation (OSI) be released to the public in order to increase transparency and strengthen public trust in these matters.

Pursuant to New York Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person, by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer caused the death, OSI proceeds to conduct a full investigation of the incident.

The release of this footage is not an expression of any opinion as to the guilt or innocence of any party in a criminal matter or any opinion as to how or whether any individual may be charged with a crime.   https://ag.ny.gov/osi/footage/james-huber

Warning: These videos contain images that viewers may find disturbing.

Defendant Sentenced to 17 Years in Prison for Attempting to Murder United States Government Informant

 

 Earlier today, at the federal courthouse in Brooklyn, Luis Taveras was sentenced by United States District Judge Kiyo A. Matsumoto to 17 years’ imprisonment for attempting to commit obstruction-of-justice murder.  Taveras pleaded guilty to the charge in January 2020. 

Breon Peace, United States Attorney for the Eastern District of New York; Ricky J. Patel, Acting Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); Tim Foley, Acting Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); Keechant L. Sewell, Commissioner, New York City Police Department (NYPD); and Kevin P. Bruen, Superintendent, New York State Police (NYSP), announced the sentence.

“The defendant planned the cold-blooded execution of a witness he believed to be cooperating with U.S. law enforcement, and watched as the witness and members of his family, including a 5-year-old, were shot and wounded.  By his callous disregard for human life and brazen contempt for the law, Taveras has earned the lengthy prison term imposed today,” stated United States Attorney Peace.  “I commend and thank the Organized Crime Drug Enforcement Task Force for their tireless efforts to bring the defendant to justice for this horrific crime.”

“Taveras tried to silence a potential witness to eliminate the chances of their cooperation with U.S. law enforcement.  In a daring public attempt, Taveras tried to gun down the individual in a crowded Colombian restaurant, wounding three victims including a 5-year-old boy,” stated HSI Acting Special Agent-in-Charge Patel.  “This callous act of extreme violence and blatant disregard for human life resulted in today’s stiff sentence to land Taveras in federal prison for 17 years.  HSI New York, working with our law enforcement partners will continue to tirelessly pursue the most dangerous offenders and prosecute those who seek to obstruct justice, both domestically and on foreign soil.”

“Luis Taveras’ actions were nothing less than cold-blooded and this sentence cements the gravity of his crimes.  The relentless nature of law enforcement has resulted in bringing Taveras to justice to face the consequences of his actions.   I applaud the U.S. Attorney’s Office Eastern District of New York, the New York City Police Department, the New York State Police, and Homeland Security Investigations for their diligent work and continued collaboration with the DEA New York Division,” stated DEA Special Agent-in-Charge Foley.

 “A measure of justice was meted out today against Luis Taveras, whose admitted crimes not only victimized a family, including an innocent child, but sought to upend the sanctity of our collective law enforcement system,” stated NYPD Commissioner Sewell.  “His sentencing reflects the commitment of our NYPD investigators and partners, including in the United States Attorney’s Office in the Eastern District of New York, to never relent in our work to eradicate drug traffickers and the harm they propel at home and abroad.”

“This is a clear-cut case in which this suspect attempted to take out a witness who had information regarding his criminal activity, while completely disregarding the safety of innocent family members, including a young child. I want to thank our law enforcement partners for their continued partnership, and the US Attorney for ensuring that the defendant is held fully accountable for his actions,” stated NYSP Superintendent Bruen,

As detailed in court filings and the defendant’s statements at his guilty plea proceeding, Taveras arranged for the murder of an individual whom he knew from prior narcotics transactions and believed to be cooperating with U.S. law enforcement.  On June 21, 2016, Tavares entered a restaurant in Cali, Colombia, and sat down at a table with the victim.  Shortly thereafter, Taveras stood up, walked to the back of the restaurant, and watched as a co-conspirator entered the restaurant and fired eight shots – wounding the victim in the shoulder and arm, and also wounding two family members of the victim, including a five-year-old child.  Taveras and his co-conspirator then fled.  The three victims survived their wounds. 

Taveras was arrested in February 2019 by federal law enforcement agents in Miami.  During his guilty plea proceeding, Tavares admitted that he identified the intended target to his co-conspirator, and that he wanted to prevent that individual from providing information to U.S. law enforcement.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

DEC OFFERS FREE WATERFRONT LIFEGUARD COURSE

 

The New York State Department of Environmental Conservation (DEC) today announced a free waterfront lifeguard course will be offered April 19 through 22 in Gloversville, Fulton County. Individuals looking for seasonal summer employment who enjoy the outdoors are encouraged to learn more about DEC's summer recreation opportunities.

"Joining the team of lifeguards at DEC campgrounds and day use areas during the summer season offers an excellent opportunity to help visitors safely enjoy the great outdoors in New York’s beautiful Catskill and Adirondack forest preserves," said DEC Commissioner Basil Seggos. "I encourage all eligible New Yorkers with a passion for nature and an interest in becoming a lifeguard to learn more."

Individuals at least 16 years old interested in lifeguarding positions at DEC facilities this summer may register. Candidates that complete the course will be considered for employment. The course includes certification in required lifeguarding and waterfront skills, CPR/AED for the professional rescuer, and first aid.

A prerequisite fitness test will be given the morning of Tuesday, April 19. Candidates must successfully complete each component of the fitness test to continue with the free waterfront lifeguard course, including:

• 550 yard (22 lengths) continuous swim (front crawl or breaststroke only);
• Treading water for two minutes using legs only;
• Swim 20 yards, surface dive to retrieve a 10 pound brick, return to surface, and swim on the back returning to the starting point. Exit the water without using a ladder or steps; and
• Swim five yards, submerge, and retrieve three dive rings placed five yards apart in four to seven feet of water, resurface, and continue to swim another five yards to complete the skill sequence.

Applicants must be 16 years of age, meet agency medical and vision (20/70 or better) requirements, and intend to work at a DEC facility for the 2022 season.

Immediately following the course, eligible candidates will have the opportunity to take the DEC qualifying procedure. Only individuals that pass the qualifying procedure can be employed as DEC lifeguards. Qualifying procedures will also be available from April through June at additional locations. If a candidate does not pass the water skills and/or CPR section(s) at a single location, they are required to register for and attend a separate qualifier. Candidates have multiple attempts to qualify and there is no charge to take the qualifying procedure.

Seasonal lifeguard positions are available at DEC campgrounds throughout the Adirondack and Catskill parks. Most facilities offer free housing or site accommodations.

For more information on the course, qualifying procedure, or to pre-register, call 518-457-2500 ext. #1, e-mail DEC at Info.Lifeguard@dec.ny.gov, or visit the Employment Opportunities in Summer Recreation section of DEC's website at https://www.dec.ny.gov/about/726.html.

NYGOP Chairman Langworthy, Dutchess County Executive and NY-19 Congressional Candidate Marc Molinaro and Dutchess Sheriff Kirk Imperati to Blast Delgado on Support of Deadly Bail Reform Law

 

Call on Him to Return Blood Money from AOC & PACs That Support Defunding Police

New York State Republican Chairman Nick Langworthy, Dutchess County Executive Marc Molinaro who is running for Congress in NY-19, and Dutchess County Sheriff Kirk Imperati will blast Antonio Delgado for his support of the deadly bail reform law and taking money from AOC and radical left PACs that support defunding the police at a press conference tomorrow, March 24th at 2:00 PM at the Poughkeepsie Grand Hotel. 

DATE: Thursday, March 24th

TIME: 2:00 PM

LOCATION: Poughkeepsie Grand Hotel, Palm Court Room, 40 Civic Center Plaza, Poughkeepsie, NY 

Governor Hochul Directs Ukrainian Flag Raised in Solidarity with the People of Ukraine

 

Governor Kathy Hochul today announced that the Ukrainian flag will be flown on the Capitol building, the Executive Mansion, and the Division of Homeland Security and Emergency Services headquarters tomorrow, March 24, marking one month since the beginning of the Russian invasion, in solidarity with the Ukrainian people. The Governor also invited local governments across New York to join the State in flying the Ukrainian flag on municipal buildings.  

“New York is the proud home of the largest Ukrainian community in the United States, and we condemn the unjust and unconscionable violence being perpetrated against the people of Ukraine by Vladimir Putin,” Governor Hochul said. “Our prayers are with the victims and those displaced by war. Tomorrow we will fly the Ukrainian flag on state buildings in solidarity with those in New York who are scared for their family and loved ones. I invite other New York State cities and municipalities to join us in showing our unwavering support for democracy in the face of tyranny."

This directive comes amid Governor Hochul’s ongoing efforts to support Ukraine. Last week, the Governor announced an Executive Order to prohibit state agencies and authorities from contracting with entities that continue to do business in Russia. In early March, Governor Hochul announced actions to strengthen the Department of Financial Services' (DFS) enforcement of sanctions against Russia, including the expedited procurement of additional blockchain analytics technology. In February, Governor Hochul ordered all state agencies and authorities to divest public funds from Russia and stop doing business with Russian companies.

MAYOR ADAM’S STATEMENT ON THE FUTURE OF VETERAN HOSPITALS IN NYC

 

 New York City Mayor Eric Adams today released the following statement on the future of U.S. Department of Veteran Affairs health care facilities in New York City:

 

“We are committed to ensuring that New York City’s veterans have access to high quality health care. We are aware of the report from the Department of Veterans Affairs regarding the future status of VA health care facilities in the city. Our team is in communication with the VA to get more specifics on their plan. While we work to ascertain more information, we want all veterans in the five boroughs to know that we are fighting to make sure they have the care they earned and deserve.”

NYC Comptroller: Despite Bloated Budget, Department of Correction Remains in Crisis As Services and Safety Have Deteriorated

Budget Analysis Finds Spending, Staff Absenteeism, and Rates of Violence Rising.

City Needs to Reduce Jail Population By Over 40% To Close Rikers. 

 Ahead of a New York City Council hearing on the Department of Correction budget, City Comptroller Brad Lander released a budget analysis of the skyrocketing costs per person, staff absenteeism, and rates of violence plaguing the City’s jail system.

New York City spends more than half a million dollars to incarcerate one person for a year, nearly four times the amount spent 10 years ago. Yet despite these ballooning resources, city jails are in crisis. At least 19 people have died in custody since the start of 2021. Staff absenteeism skyrocketed to 27% in the beginning of FY 2022, nearly double the rates of other uniformed agencies. 

 

“New York City spends far more per person detained than other jail systems in the country, yet the Department of Correction consistently fails to keep the people incarcerated and its own staff safe,” said Comptroller Brad Lander. “DOC spends half a million dollars a year per person but cannot even keep them alive–19 people have died in custody in the last 15 months. The agency cannot keep its house in order when it is paying nearly a third of its staff not to work. The Department of Correction doesn’t need more resources, it needs fundamental reform.”

The Department of Correction is on the Comptroller’s Watch List and has been closely monitored by the Comptroller’s Office since 2014. The Department has been under a court-appointed federal monitor’s supervision since 2015. In September 2021, Mayor de Blasio issued an executive order declaring a state of emergency over the persistent staff absenteeism, which remains in effect under Mayor Adams. This analysis looks at spending and performance data, including at budget and personnel data, jail population trends, reports of violence in City jails, and other data on services to people in custody to assess the DOC’s operations.

 

Highlights of the Comptroller’s analysis of the current state of the Department of Correction include:

• DOC budget is expected to rise in the current year. The City adopted a 6% reduction in DOC’s budget for FY 2022 last June, but revisions have pushed the forecast for the current year up to $1.34 billion, or 7% higher than FY 2021. In the first seven months of FY 2022 (July-January), uniformed overtime at DOC totaled $132 million, 71% higher than pre-pandemic levels in FY 2020. The Comptroller’s Office projects that uniformed overtime costs at DOC will exceed the City’s current assumptions by $67 million in FY 2022 and $49 million in FY 2023.
• High rates of staff absenteeism continue to impede operations: DOC’s paid, uniformed absentee rate due to illness or line of duty injuries skyrocketed to 27% in the beginning of FY 2022, far surpassing the pre-pandemic absence rates at DOC (5 to 7%) and more than double current absence rates at other uniformed agencies (10% at FDNY, 11% at DSNY). As of early February 2022, approximately a quarter of staff were calling out sick each week.
• Indicators of jail violence rose over the last year: Violence by, between and against people in custody has risen. The absolute number of slashings and stabbings has more than tripled for FY 2022 to-date, rising to 317 in the first eight months of FY 2022, up from 97 in the same period last fiscal year. The rate of use of force incidents and allegations in the fourth quarter of FY 2021, adjusted for the jail population, was up 81% from 2019. The monthly number of assaults on staff has generally trended down after peaking in May 2021, but the year-to-date total was still 10% higher than the same period in the prior year.
• Access to medical services and court appointments has decreased: The number of people who were not produced to medical appointments hit a peak of 15,201 in July 2021, coinciding with the period during which a progressively higher share of uniformed officers were reported as “new sick.” Despite the resumption of court proceedings in March 2021, the share of the jail population produced in court each month remains dramatically low (2%) as of August 2021.
• After 14 years of steady declines, the jail population has risen back to pre-pandemic levels. The New York City jail population was 7,822 when the New York State Legislature passed the 2019 bail reforms. Implementation of bail reforms in 2020 lowered the daily population to 5,473 as of March 1, 2020. And the population subsequently dropped below 4,000 due to COVID-19 prevention measures. However, the number of people incarcerated daily has risen back to about 5,700 as of mid-March 2022, driven by increased gun arrests, delays in court proceedings, and bail reform rollbacks.
• The City will need to reduce the current jail population by over 40% in order to close Rikers Island. In 2019, the City adopted a plan to build four borough-based jails, with a capacity of 3,300 beds, as part of its plan to close all of the jails on Rikers Island

“Advancing the vision of a smaller, safer and fairer jail system remains one of the City’s most pressing challenges and will necessitate collective action on the part of all criminal legal system stakeholders,” the report states. “Achieving those goals requires both immediate reform to address conditions that contribute to violence in the City jails, and policy change to further reduce the jail population, in particular the significant share of people in custody being detained pretrial, at least to the levels needed to close Rikers.”

The full analysis report can be viewed here.