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Thursday, April 21, 2022
Third Avenue Business Improvement District - Earth Day & Car Free NYC
NYS Office of the Comptroller DiNapoli Statement on Amazon's Agreement to Conduct an Independent Racial Equity Audit
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Housing Lottery Launches For 3013 Eastchester Road In Baychester, The Bronx
The affordable housing lottery has launched for 3013 Eastchester Road, a five-story residential building in Baychester, The Bronx. Designed by KR Design Group and developed by Brian O’Donovan of Brivan Holdings LLC, the structure yields 20 residences. Available on NYC Housing Connect are six units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $57,772 to $139,620.
Amenities include a shared laundry room and parking, both subject to additional fees. Units come equipped with air conditioning, stainless steel appliances, hardwood floors, and some come with private outdoor space. Tenants are responsible for gas for cooking, heating, and hot water.
At 130 percent of the AMI, there are six one-bedrooms with a monthly rent of $1,575 for incomes ranging from $57,772 to $139,620.
Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than May 9, 2022.
MAYOR ADAMS ANNOUNCES APPOINTEES TO MAYOR’S ADVISORY COMMITTEE ON THE JUDICIARY
New York City Mayor Eric Adams today announced 19 members, including George J. Silver as chair, to the Mayor’s Advisory Committee on the Judiciary (MACJ). Members of the MACJ are entrusted to ensure that only candidates with the highest qualifications and from diverse backgrounds are nominated for judicial appointments to criminal and family courts, as well as interim appointments to civil court. As chair, Silver will lead the committee. The rest of the committee represents a diverse and broad cross-section of New York City’s legal community.
“A highly-qualified, diverse judiciary is critical to creating a city that achieves the necessary balance between the twin imperatives of safety and justice,” said Mayor Adams. “These new appointees to the Mayor’s Advisory Committee on the Judiciary are deeply experienced, talented, and committed to advancing the goal of a more equitable justice system that looks more like New York City, and I thank them for answering the call to service.”
“I am honored and humbled to have been selected to serve as the chair of the Mayor’s Advisory Committee on the Judiciary,” said incoming MACJ Chair George J. Silver. “This privilege represents an unparalleled opportunity to appoint judges to the bench who possess the invaluable qualities of scholarship, fairness, and integrity. Following the trailblazing example of Judge Carmen Beauchamp Ciparick, the committee will strive to make sure that the judges represent the diversity that makes this city great.”
Mayor Adams is responsible for nine appointments on the MACJ. The chief judge of the New York Court of Appeals, Janet DiFiore, nominates four; the presiding justices of the Appellate Division for the First and Second Judicial Departments, Rolando T. Acosta and Hector D. LaSalle, respectively, nominate two members each; and two deans of law schools within the city on a rotating basis — this year, Brooklyn Law School Dean Michael T. Cahill and St. John’s Law School Dean Michael A. Simons — each nominate one member for appointment to the committee by the mayor.
About Members of the Mayor’s Advisory Committee on the Judiciary:
George J. Silver created and runs a mediation and arbitration company, Silverstar Mediation and Arbitration LLC. He previously served as the deputy chief administrative judge for the New York City courts, where he handled the daily operations of trial courts in the city and oversaw upwards of 7,550 judicial and non-judicial employees. In this capacity, Silver created an Alternative Dispute Resolution program that encourages presumptive mediation in all cases litigated within the city, and he developed blockbuster settlement conferences throughout the city, resulting in the reduction of backlogs through early resolution. He also handled malpractice matters and was in charge of the litigation involving the Child Victims Act cases. Prior to that, he began his 16-year judicial career as a judge in civil court, family court, and supreme court. Silver obtained his BS degree in Accounting and Management from New York University (NYU), an MBA in Finance from NYU, and a law degree from Hofstra University School of Law. (Mayoral nominee)
RoseAnn Branda is an executive partner and co-director of the Family and Matrimonial Law Department of Abrams, Fensterman, LLP. Prior to that, she was a partner of Caruso, Caruso & Branda, P.C. She previously chaired the New York State Bar Association’s Committee on Attorney Professionalism and held the office of president for the Brooklyn Bar Association as well as the Bay Ridge Lawyers Association and Columbian Lawyers Association of Brooklyn. She is presently the co-chair of the Family Law Section of the Brooklyn Bar Association and serves on the New York State Bar Executive Committee for the Family Law Section as a representative of the Second District. She is a graduate of Wagner College and Brooklyn Law School. (Mayoral nominee)
Michael T. Cahill became president and Joseph Crea dean of Brooklyn Law School in July 2019, returning from Rutgers Law School, where he had been co-dean and professor of law. Before departing in 2016 to assume the Rutgers deanship, he was a member of the Brooklyn Law faculty for 13 years. He also served Brooklyn Law School as associate dean for academic affairs (from 2010 to 2013) and as vice dean (from 2013 to 2015). Cahill is also a tenured professor of Law on the faculty; his scholarship focuses primarily on criminal law, though he has also written about and taught courses in health law and policy. He received a JD, magna cum laude, and MPP degrees from the University of Michigan and his BA from Yale University. (Law school nominee)
Monica Drinane is a retired family court judge who served as the supervising judge in Bronx County Family Court. Prior to joining the bench, she was attorney-in-charge of the Juvenile Rights Division in New York City, representing children in neglect, custody, delinquency, and support cases citywide. She graduated from St. John’s University, has a Master’s degree in theology from Fordham University, and a JD from New York University School of Law, where she attended as a Root Tilden scholar. Drinane did clinical work with women in Bedford Hills Correctional Facility and legal services in Appalachia. Since her retirement in 2014, Drinane has served on several boards that address issues of education for young people in impoverished areas. (Mayoral nominee)
Muhammad U. Faridi is a partner in Patterson Belknap Webb & Tyler LLP's Litigation department. He is a go-to litigator on complex commercial matters involving claims relating to breaches of contract and commercial torts. In 2021, Faridi was elected to the American Law Institute. He has also served as the chair of the Executive Committee of the New York City Bar Association, as well as the chair of its Committee on Capital Punishment. Faridi received his JD from the City University of New York School of Law and his BA from John Jay College of Criminal Justice. Prior to joining Patterson Belknap, Faridi was a law clerk to the late Hon. Jack B. Weinstein, senior U.S. district judge, Eastern District of New York. (Mayoral nominee)
Keisha-Ann G. Gray is a trial lawyer and partner in the Labor Department of Proskauer Rose LLP, where she specializes in employment discrimination litigation and conducting workplace misconduct investigations. Prior to joining Proskauer, Gray served as an assistant U.S. attorney in the Eastern District of New York and was also a federal law clerk in the U.S. District Court for the District of Puerto Rico. She currently serves on the Board of the Attorney Grievance Committee for the New York Supreme Court Appellate Division, First Judicial Department; the Board of the Federal Bar Council; the Board of the Eastern District Association; and she co-chairs the Federal Bar Council’s Employment Litigation Committee, as well as Proskauer’s Workplace Investigations Practice Group. Gray received her law degree from NYU School of Law and her undergraduate degree from The University of Pennsylvania. (Chief Judge nominee)
Richard Gutierrez began his legal career as an attorney at The Legal Aid and has been in private practice for 36 years, concentrating in criminal defense, civil rights, and personal injury litigation. He is the chair of the New York State Bar Association’s Committee on Professional Discipline and chair of the Queens County Bar Association’s Committee on Professional Ethics. He was the former chair of the New York State Grievance Committee, Second Department, and was the first Hispanic president of the Queens County Bar Association in 2011. Gutierrez is a graduate of Brooklyn College of the City University of New York and Seton Hall University School of Law. (Chief Judge nominee)
Everett Hopkins is the managing attorney of Hopkins Law Group, LLC. He received his undergraduate degree from the City University of New York at Hunter College and earned his law degree at the University of Buffalo. During his career, he served with distinction for eight years as general counsel and director of administration for the New York City Criminal Justice Agency. Prior to this position, he held key positions with the New York City Housing Preservation and Development and Fraud Enforcement with the Internal Revenue Service. Over the last 20 years, he has been an adjunct professor at several New York City area colleges. (Mayoral nominee)
Judy Harris Kluger became executive director of Sanctuary for Families in January 2014, after serving 25 years as a judge in New York state. Prior to joining Sanctuary, Kluger served for five years as chief of policy and planning for New York State's Unified Court System, overseeing over 300 problem-solving courts. Kluger received her undergraduate degree from NYU and her law degree from St. John’s University School of Law. (Chief Judge nominee)
Martin J. LaFalce is an assistant professor of clinical legal education and director of the Criminal Defense Clinic at St. John's University School of Law. Prior to teaching at St. John's, LaFalce was a public defender at The Legal Aid Society, where he represented clients in Manhattan. Most recently, he worked as a policy attorney at Legal Aid, coordinating their criminal justice legislative agenda. He obtained his undergraduate degree from Georgetown University and his JD from Georgetown University Law Center. (Law school nominee)
William F. Mastro was elected to the New York State Supreme Court in November 1992. He was appointed to the Appellate Division, Second Department, in June of 2002 and served as a justice of that court until December 2021. During his tenure with the court, Mastro twice served periods as acting presiding justice. In May 2013, Mastro had the honor of being selected to hear and determine a case as a member of the New York State Court of Appeals. He graduated from Villanova University and New York Law School. (Presiding Justice, Appellate Division, Second Judicial Department nominee)
Christopher Morel is a litigation associate at Cravath, Swaine & Moore LLP. He primarily focuses his practice on antitrust and general commercial litigation. He graduated from Fordham University, magna cum laude, Phi Beta Kappa, and received a JD from Columbia Law School, where he was a Stone Scholar, an articles editor of the Law Review, and the president of the Latino/a Law Student Association. Following his graduation, he served as a law clerk to the Hon. Margo K. Brodie of the United States District Court for the Eastern District of New York. He also served as a law clerk to the Hon. Julio M. Fuentes of the United States Court of Appeals for the Third Circuit. (Presiding Justice, Appellate Division, First Judicial Department nominee)
Angélicque Moreno is the managing partner and a senior trial attorney at Avanzino & Moreno, P.C. Among her many professional affiliations, Moreno is a past-president of the New York State Academy of Trial Lawyers and the president-elect of the Puerto Rican Bar Association. She has lectured throughout New York City on a wide range of topics, including New York state labor law and trial skills. Moreno received her undergraduate degree from SUNY at Binghamton and her law degree from Northeastern University School of Law. (Mayoral nominee)
Vianny Paulino Pichardo is a former commercial litigation shareholder of a mid-size New York law firm and former corporate associate of a large international law firm. She is currently a member of Beazley’s Cyber and Executive Risk Group, where she provides strategic advice and leadership concerning insurance coverage for technology errors and omissions, intellectual property, media, advertising, cyber, and privacy liabilities. She graduated from NYU and from Fordham University School of Law. (Presiding Justice, Appellate Division, First Judicial Department nominee)
Thomas J. Principe has been a partner at Kramer, Dillof, Livingston & Moore, representing injured parties in the specialty of personal injury and medical malpractice for 33 years. He was a former prosecutor with the Queens County District Attorney’s Office, rising to the rank of deputy bureau chief of the Supreme Court Trial Bureau. Principe served in the New York Army National Guard for 33 years, retiring as a brigadier general. He is a graduate of St. John’s University and St. John’s University School of Law and received his MA from the University of Virginia. (Presiding Justice, Appellate Division, Second Judicial Department nominee)
Ronald E. Richter is the chief executive officer and executive director of JCCA, formerly the Jewish Child Care Association — one of New York’s oldest and most respected human services organizations. Before joining JCCA, he was a family court judge in Queens County, commissioner of the New York City Administration for Children’s Services, and New York City’s Family Services coordinator. Richter started his career at Bedford Stuyvesant Community Legal Services and spent 13 years at The Legal Aid Society’s Juvenile Rights Practice. Richter graduated from Tufts University and received a Master of Science and law degree from Boston University. He serves on the boards of ChildTrends, Chelsea Day School, and the New York State Coalition for Children’s Behavioral Health. He is an adjunct professor at the Fordham University Graduate School of Social Service. (Mayoral nominee)
Julian Yap is cofounder and president of Realm — a leading audio entertainment startup. Prior to founding Realm, he served as senior counsel in the U.S. Department of Justice’s Office of Legal Policy. He has also served as an advisor to the Biden-Harris transition team, clerked for the Supreme Court of Texas, and held the Public Law Fellowship at Duke University School of Law. He received his BA from Yale University, an MA from the University of Pennsylvania, and a JD/LLM from Duke Law. (Mayoral nominee)
David Zornow is of counsel at Skadden, Arps, Slate, Meagher & Flom LLP. Zornow, who founded the firm's white-collar criminal defense practice in 1989. Zornow represents both corporations and individuals in federal and state grand jury investigations and at criminal trials. He served as an assistant United States attorney in the Southern District of New York. Zornow is a graduate of Harvard College and Yale Law School, where he is a visiting lecturer in law. (Chief Judge nominee)
Wednesday, April 20, 2022
Man Charged With Defrauding Customers Who Sought To Buy Cryptocurrency-Mining Computers And Miner-Hosting Services
Damian Williams, United States Attorney for the Southern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, New York Division of the Federal Bureau of Investigation (“FBI”), announced the arrest today of CHET STOJANOVICH, a/k/a “Chester J. Stojanovich,” on charges of defrauding more than a dozen victims of more than $1.8 million, through fraudulent misrepresentations that he would provide the victims with specialized cryptocurrency-mining computers (“Miners”), and that he would provide Miner-hosting services that would provide the victims with a lucrative stream of “hash power” convertible into cryptocurrency. Instead, as alleged, STOJANOVICH deceived his victims, misappropriated his victims’ money, and provided them with almost no Miners, Miner-hosting services, or hash power. The defendant was arrested early this morning after crossing from Canada into the United States at Champlain, New York. He is expected to appear tomorrow before U.S. Magistrate Judge Stewart D. Aaron in the Southern District of New York.
U.S. Attorney Damian Williams said: “A great deal of excitement and ‘buzz’ has been generated in recent years about the ‘new world’ of cryptocurrency mining. But new financial frontiers can also generate fresh opportunities for old-fashioned fraud. Here, Chet Stojanovich is charged with using those time-worn fraud techniques on a new frontier.”
FBI Assistant Director-in-Charge Michael J. Driscoll said: “As alleged, Mr. Stojanovich induced his victims to invest in his fraudulent cryptocurrency mining schemes, and caused them to incur losses approaching $2 million. Today's action should serve as an example of the FBI's commitment to rooting out financial fraud, as well as our focus on identifying and investigating emerging threats as they evolve.”
According to the allegations contained in the Complaint, and publicly available information:[1]
Since at least 2019, STOJANOVICH has controlled various companies, including Chet Mining Co. LLC (“Chet Mining”). Starting in or about March 2019, STOJANOVICH engaged in a scheme to defraud people who were seeking to purchase Miners and Miner-hosting services through which they expected to obtain “hash power” convertible into cryptocurrency and money. STOJANOVICH defrauded these victims by falsely telling them that: (1) he would purchase, and had purchased, Miners on their behalf; and (2) he would provide them with Miner-hosting services and had already obtained such Miner-hosting services for them. In fact, STOJANOVICH failed to deliver the promised Miners and Miner-hosting services.
In all, STOJANOVICH induced more than a dozen customer-victims to pay a total of more than $1.84 million to STOJANOVICH and his companies, ostensibly in return for Miners and Miner-hosting services. Despite fraudulent representations to the contrary, STOJANOVICH: (1) failed to provide many of the Miners that he told customers he had acquired; (2) failed to provide the hosting services and cryptocurrency hash power that he represented that he would provide; (3) employed deceptive practices to create the illusion that such Miners had been acquired and were being used to provide hash power to those customers; and (4) misappropriated his customers’ funds and spent the funds on unrelated and personal expenditures, including by spending a substantial portion those funds on personal expenses, including chartered air flights, hotel rooms, limousines, and private parties.
Defrauding at Least 10 Victims in 2019
In the spring and early summer of 2019, STOJANOVICH fraudulently induced at least 10 customers to pay a total of more than $1.66 million to STOJANOVICH and Chet Mining, in return for Miners and Miner-hosting services. Between March and July 2019, based on these and other misrepresentations, STOJANOVICH issued at least 15 invoices to these 10 victims, with instructions to make payment to STOJANOVICH or one of his companies. As directed by STOJANOVICH, these 10 customers paid STOJANOVICH a total of approximately $1,618,000 in bank wires and cryptocurrency transfers. However, STOJANOVICH failed to provide the Miners and Miner-hosting services that he had agreed to provide and for which he had been paid.
Defrauding 3 More Victims in 2021
In or about August and September 2021, STOJANOVICH induced at least three additional customer-victims to pay him a total of approximately $179,880, as payment for a total of 127 Miners. Ultimately, STOJANOVICH provided those customers with only 3 of the 127 Miners they had paid for and repaid those customers only approximately $61,000 of the $179,880 they had paid.
The March 2022 Deposition
Several of the victims of the scheme described in the Complaint brought lawsuits against STOJANOVICH in federal court in Manhattan. In one such lawsuit, Holmes et al. v. Chet Mining, Chet Stojanovich, et ano., Case No. 1:20-CV-04448-LJL (S.D.N.Y.), STOJANOVICH was ordered by the court to appear for a deposition on March 4, 2022. During that deposition, STOJANOVICH testified falsely on a number of subjects. For example, in response to several questions, STOJANOVICH testified that he did not know the answers without looking in his personal cellphone, and falsely testified that his phone was downstairs in his rental car or in storage. The deposition was thereupon adjourned for a half-hour, and STOJANOVICH was instructed to retrieve his cellphone and return to the deposition. Instead, STOJANOVICH left the deposition and loitered in the vicinity of his car until after everyone else participating in the deposition had left. Shortly thereafter, he returned to Canada, where he has been residing in recent weeks.
STOJANOVICH, 37, previously of Manhattan but in recent months apparently residing in Canada, is charged with one count of wire fraud, which carries a maximum penalty of 20 years in prison.
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 a judge.
Mr. Williams praised the outstanding work of the FBI for its assistance in this investigation.
The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described therein should be treated as an allegation.
Governor Hochul Holds a COVID-19 Briefing
Governor Hochul: "This was not a decision by the federal government that masks were no longer needed in very congested settings like public transit, our buses, in New York City the subway. But it was overturned by the court for procedural reasons You watch the variants, they come, and we're starting to see cases and hospitalizations go up. So we're going to continue, in the short term, again, for public transit, our correctional facilities, our nursing homes, health care settings, domestic violence centers, buses and train stations, let's just be smart about it. And again, we're going to be letting people know places that, as they start coming off. We're going to get there. We will get there, but also just let's keep pushing the vaccinations."
Hochul: "Suit up with the armor. That means not one, but two boosters. So we know what to do. We keep getting vaccinated, we get boosted. Second booster. If you feel sick, take care of yourself, get tested."
Attorney General James Distributes First Funds from Historic Opioid Settlements to North Country, Southern Tier, and Westchester and the Hudson Valley
North Country to Receive More Than $2.6 Million in First Round of Payments
Southern Tier to Receive More Than $4.8 Million in First Round of Payments
City of Yonkers, Westchester, and Hudson Valley Counties to Receive More Than $16.7 Million in First Round of Payments
New York Attorney General Letitia James distributed the first round of payments from the opioid settlements. These funds are the result of the $1.5 billion that Attorney General James has secured so far for New York state as a result of settlements with the manufacturers and distributors of opioids. All 62 counties and the five largest cities in the state will begin receiving funds this week, which will be used for opioid treatment and prevention efforts. The North Country will receive up to $14.5 million in total over the years as part of these settlements.
“Too many New Yorkers have been impacted by the dangerous and deadly effects of opioids, and these funds will support our communities with treatment, support, and prevention,” said Attorney General James. “With these funds, we will help residents and families recover and rebuild. While no amount of money will ever compensate for the lives we’ve lost to this crisis, these funds will be vital in helping to prevent future deaths.”
These payments are the first of many to combat the opioid crisis. The first payments come from settlements with opioid distributors — AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation.
Later this year, additional payments from the settlements with Endo Health Solutions, Janssen Pharmaceuticals, and Allergan. In addition, counties will receive funds from the New York State Opioid Settlement Fund, which is managed by the New York State Office of Addiction Services and Supports (OASAS).
The breakdown of the funds that will be distributed in 2022 is below.
North Country Total: $2,651,651
- Clinton County: $495,980
- Essex County: $219,083
- Franklin County: $272,802
- Hamilton County: $18,055
- Jefferson County: $759,728
- Lewis County: $149,790
- St. Lawrence County: $736,212
Southern Tier Total: $4,863,558
- Broome County: $1,664,579
- Chemung County: $734,827
- Chenango County: $308,067
- Delaware County: $327,684
- Schuyler County: $124,216
- Steuben County: $678,280
- Tioga County: $323,499
- Tompkins County: $702,406
Hudson Valley Total: $10,848,262
- Dutchess County: $2,613,238
- Orange County: $3,094,371
- Putnam County: $706,760
- Rockland County: $1,838,240
- Sullivan County: $1,126,527
- Ulster County: $1,469,126
Westchester County Total: $5,875,882
- City of Yonkers: $383,564
In October 2021, Attorney General James visited Westchester County as part of her statewide ‘HealNY’ tour, where she announced that she will deliver up to $95 million to help residents in Westchester and the Hudson Valley combat the opioid epidemic. That same month, Attorney General James also toured the Cornerstone Family Healthcare Center for Recovery in Newburgh to address her continued efforts to combat the opioid crisis.
In March 2019, Attorney General James filed the nation’s most extensive lawsuit to hold accountable the various manufacturers and distributors responsible for the opioid epidemic. The manufacturers named in the complaint included Purdue Pharma and its affiliates, as well as members of the Sackler Family (owners of Purdue) and trusts they control; Janssen Pharmaceuticals and its affiliates (including its parent company Johnson & Johnson); Mallinckrodt LLC and its affiliates; Endo Health Solutions and its affiliates; and Teva Pharmaceuticals USA, Inc. and its affiliates. The distributors named in the complaint were McKesson Corporation, Cardinal Health Inc., Amerisource Bergen Drug Corporation, and Rochester Drug Cooperative Inc.
In December 2021, Attorney General James scored a court victory against Teva Pharmaceuticals USA after a jury found the company and its affiliates liable for violating New Yorkers’ rights. A subsequent trial will now be held to determine how much Teva and others will be required to pay, which will be added to the up to $1.5 billion Attorney General James has already secured for the state of New York from different opioid manufacturers and distributors.
In July 2021, Attorney General James secured a settlement with McKesson, Cardinal Health, and Amerisource Bergen that will deliver up to $1 billion to New York state to combat the opioid epidemic.
In June 2021, Attorney General James announced a settlement that will deliver $230 to New York and end Johnson & Johnson’s sale of opioids nationwide.
The cases against Mallinckrodt, Purdue Pharma, and Rochester Drug Cooperative are now moving separately through U.S. Bankruptcy Court.