Wednesday, May 11, 2022

MAYOR ADAMS, COMMISSIONER SEWELL, EVERYTOWN FOR GUN SAFETY CALL ON ATF TO REVOKE LICENSE OF NATION’S LARGEST SUPPLIER OF GHOST GUNS

 

Polymer80 Largest Source of Ghost Guns Used in Crimes and Recovered by Law Enforcement

 

Letter: Polymer80 “Repeatedly and Willfully Violated Federal Gun Laws…Presents a Clear and Present Danger to Public Safety”


New York City Mayor Eric Adams, New York City Police Department (NYPD) Commissioner Keechant Sewell, and Everytown for Gun Safety Action Fund today called on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to revoke the federal firearms license of Polymer80the largest source of ghost guns used in crimes, citing the company’s willful violation of federal gun laws.

 

Ghost guns have been a growing contributor to gun violence and gun-related homicides in New York City. Since January alone, the NYPD has already taken approximately 200 ghost guns off the streets, up from 148 in 2020. NYPD also reports that approximately 90 percent of ghost guns year after year include Polymer80 parts.

 

Polymer80, a Nevada based company, is, by far, the largest source of ghost guns used in crimes and recovered by law enforcement nationally, accounting for over 86 percent of the 1,475 ghost guns entered into ATF’s National Integrated Ballistic Information Network database in 2019

 

“We must get ghost guns out of our communities, and those that manufacture them must be shut down,” said Mayor Adams. “Polymer80’s entire business operation presents a clear and present danger to public safety through New York and the entire country — not only selling guns, but also marketing an entire lifestyle brand that celebrates violence and lawlessness. As mayor of the largest city in America, a former police officer, and co-chair of Mayors Against Illegal Guns, I have a message for Polymer80: We will not surrender our city to a violent few. No one is above the law. And the law is coming for you.”

 

“Our job is to keep people safe, and we will do everything possible to keep that promise we make each day, to every New Yorker,” said NYPD Commissioner Sewell. “And as we continue to tackle this public safety crisis head-on, our focus and attention is clear: Seize the guns and arrest the individuals who possess them. Stop the shootings, and save lives.”

 

“Ghost guns are a dream come true for criminals, so it should come as little surprise that Polymer80, the largest maker of these untraceable weapons, has shipped its deadly goods to felons,” said John Feinblatt, president, Everytown for Gun Safety. “Now that President Biden has taken action against ghost guns, it’s time for ATF to do its job and shut down Polymer80.”

 

“Ghost guns are the fastest-growing gun safety threat in the nation, and Polymer80 leads the pack in flooding our streets with these deadly, untraceable firearms,” said Nick Suplina, senior vice president of law and policy, Everytown for Gun Safety. “This manufacturer has operated with impunity for far too long. The ATF should shut down Polymer80 now and put an end to this clear and present danger to public safety.”

 

Last month, President Joseph Biden announced the finalization of a new ghost guns rule, which confirms that gun-building kits and their core components are subject to the same firearms regulations as fully functional firearms — including the requirements of serialization and background checks when sold by a federal firearms licensee.

 

In today’s letter, Mayor Adams and Everytown for Gun Safety cited substantial evidence of the connection between Polymer80’s reckless business practices and gun violence in communities not only in New York, but across the country. For example, the number of untraceable ghost guns recovered by the Los Angeles Police Department saw a leap from 813 recoveries in 2020 to 1,921 recoveries in 2021 — and of those 1,921, Polymer80 supplied 90 percent. In Philadelphia, the police reported recovering 571 ghost guns, compared to 95 in 2019 and 250 in 2020.

 

The letter also cites evidence from ATF’s own search warrant application of numerous examples of Polymer80 violating federal firearms laws. As outlined in that application, Polymer80 never affixed serial numbers to the frames sold as part of its Buy Build Shoot kits and failed to run background checks on purchasers of these kits — despite the ATF chief counsel’s determination that those all-inclusive kits are firearms and require serialization and background checks. Additionally, even though ATF has also concluded that the Buy Build Shoot kits are handguns under federal law, there is no indication that Polymer80 ever included storage or safety devices with these kits that it sold, in apparent violation of the Child Safety Lock Act of 2005. Polymer80 also allegedly sold Buy Build Shoot ghost gun kits to minors and felons, and broke California law by allegedly shipping illegal large-capacity magazines into the state.  

 

Polymer80 is currently facing numerous lawsuits for its alleged contributions to gun violence. Two Los Angeles sheriffs’ deputies who were shot and wounded with a Polymer80 ghost gun are suing the manufacturer, as is the city of Los Angeles. Polymer80 is also being sued by the Washington, D.C. attorney general.

 

Governor Hochul Announces RFP to Develop North Aud Block in Buffalo

 Rendering of the North Aud Block development in Bufaalo

Canalside Project Will Include Residences, Restaurants, Shops, Parking and Historic Street Grid

See Proposed Renderings Here


 Governor Kathy Hochul today announced a request for proposals to redevelop the North Aud Block in Buffalo, the State’s final remaining parcel to be developed at Canalside. This RFP presents an opportunity for experienced real estate developers to transform the nearly two-acre site, which is key to the ongoing revitalization of downtown Buffalo. New York State previously committed $10 million in funding to transform the North Aud Block, which will be made available to the selected developer to support site infrastructure. Erie Canal Harbor Development Corporation, a state entity, envisions that the project will include retail, restaurants, office space, apartments, a hotel and structured parking within several buildings. The project will incorporate portions of the 19th-century street grid while allowing modernization that acknowledges the site’s 21st-century surroundings and infrastructure, blending historic details with the current surrounding City. See concept renderings and a map of property here. Proposals are due by 3 p.m. on Thursday, September 1.

 “Canalside has become a destination location and catalyst for renewal of Buffalo’s historic waterfront,” Governor Hochul said. “Redeveloping the North Aud Block will help boost the economy, open new public spaces and make the Buffalo waterfront an even more popular place to live, work and play. The Erie Canal was a bold and audacious undertaking that no one thought was possible, and New York continues to build on our proud legacy with this transformative project.” 

The site is primarily vacant and was once part of a superblock and home to Buffalo Memorial Auditorium, which the state demolished in 2009. This RFP permits respondents to propose a variety of uses, though proposals are required to include certain mandatory design features, as per the Canalside Design Guidelines.  

The assumed development plan includes nearly 425,000 gross square feet in several buildings with an estimated 200 residential apartments and commercial spaces, office/operations space for ECHDC, and up to 450 parking spaces located in a structured ramp that would be constructed both below and above grade. The multiple building development is encouraged to be set within a reconstructed historic street pattern, allowing more of Lloyd Street and Commercial Street to be reconstructed to complete missing sections.

Former Chief Of Honduran National Police Extradited To The United States On Drug Trafficking And Weapons Offenses


Juan Carlos Bonilla Valladares Allegedly Abused His Official Position to Protect Cocaine Shipments and Murder a Rival Drug Trafficker as Part of a Conspiracy Involving High-Ranking Honduran Politicians and Members of the Honduran National Police 

 Damian Williams, the United States Attorney for the Southern District of New York, and Anne Milgram, the Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced today the extradition of JUAN CARLOS BONILLA VALLADARES, a/k/a “El Tigre,” on charges of conspiring to import cocaine into the United States and related weapons offenses involving the use and possession of machine guns and destructive devices.  BONILLA VALLADARES arrived from Honduras in the Southern District of New York yesterday, and will be presented today before U.S. Magistrate Judge Katharine H. Parker.

U.S. Attorney Damian Williams said:  “Rather than use his high-powered position as the Chief of Honduran Police to combat drug trafficking, Juan Carlos Bonilla Valladares, a/k/a ‘El Tigre,’ corruptly exploited his position to protect and assist the drug trafficking organizations he was obligated to disrupt.  With his support and protection, Bonilla Valladares’s associates became a critical pipeline for the Central American drug trade to the United States.  His extradition demonstrates that no one is exempt by virtue of their title or position of authority – even foreign Presidents and police chiefs – from criminal prosecution for contributing to the flood of illegal narcotics into this country that causes so much harm.” 

DEA Administrator Anne Milgram said:  “Former Honduran President Juan Orlando Hernandez would not have risen to power and successfully benefited from massive drug proceeds had it not been for his expansive network of corrupt associates.  These associates, including Bonilla Valladares, likewise exploited their positions to traffic cocaine to the United States and violently protect other politically connected drug traffickers, all for their own personal gains. Bonilla Valladares further betrayed the Honduran people by using his law enforcement badge to cover for his crimes. Bonilla Valladares’s extradition shows the world once again that corrupt officials cannot hide behind their positions. DEA, in coordination with our U.S. and international partners, will stop at nothing to bring to justice anyone who threatens the safety and health of Americans.”

According to the allegations contained in the Complaint charging BONILLA VALLADARES, evidence presented at the October 2019 trial of Juan Antonio Hernandez Alvarado (“Hernandez Alvarado”) in the Southern District of New York, and statements in open court during the prosecution of Hernandez Alvarado[1]:

Between approximately 2003 and 2020, multiple drug-trafficking organizations in Honduras and elsewhere worked together, and with support from certain prominent public and private individuals, including Honduran politicians and law enforcement officials, to receive multi-ton loads of cocaine sent to Honduras from, among other places, Colombia and Venezuela via air and maritime routes, and to transport the drugs westward in Honduras toward the border with Guatemala and eventually to the United States.  For protection from law enforcement interference, and in order to facilitate the safe passage through Honduras of multi-ton loads of cocaine, drug traffickers paid bribes to public officials, including certain presidents, members of the National Congress of Honduras, and personnel from the Honduran National Police, including BONILLA VALLADARES. 

BONILLA VALLADARES was a member of the Honduran National Police between approximately 1998 and approximately 2016.  During his tenure, he held high-ranking positions, including Regional Police Chief with authority over locations in western Honduras that were strategically important to drug traffickers, and Chief of the Honduran National Police for all of Honduras between approximately 2012 and approximately 2013.  BONILLA VALLADARES corruptly exploited these official positions to facilitate cocaine trafficking, and used violence, including murder, to protect the particular cell of politically connected drug traffickers he aligned with, including former Honduran congressman Hernandez Alvarado and former president of Honduras Juan Orlando Hernandez (“Hernandez”), who is referred to in the Complaint charging BONILLA VALLADARES as “CC-4.” 

For example, in exchange for bribes paid in drug proceeds, BONILLA VALLADARES directed members of the Honduran National Police, who were armed with machine guns, to let cocaine shipments pass through police checkpoints without being inspected or seized.  BONILLA VALLADARES, in coordination with Hernandez Alvarado and others, also provided members of their conspiracy with sensitive law enforcement information to facilitate cocaine shipments, including information regarding aerial and maritime interdiction operations.

In or about 2010, Hernandez Alvarado told a cooperating witness (“CW-1”) that Hernandez Alvarado and Hernandez helped BONILLA VALLADARES advance his position within the Honduran National Police, and that BONILLA VALLADARES protected their drug-trafficking activities in return.  Hernandez Alvarado also told CW-1 that BONILLA VALLADARES was very violent, and that Hernandez Alvarado and Hernandez trusted BONILLA VALLADARES with special assignments, including murder.  For example, in or about July 2011, BONILLA VALLADARES participated in the murder of a rival drug trafficker at the request of Hernandez Alvarado and others because the rival trafficker had attempted to prevent Hernandez Alvarado and other members of the conspiracy from transporting cocaine through a region of western Honduras near the border with Guatemala. 

The Complaint charges BONILLA VALLADARES, 62, with: (1) conspiring to import cocaine into the United States, (2) using and carrying machine guns and destructive devices during and in relation to, and possessing machine guns and destructive devices in furtherance of, the cocaine-importation conspiracy; and (3) conspiring to use and carry machine guns and destructive devices during and in relation to, and to possess machine guns and destructive devices in furtherance of, the cocaine-importation conspiracy.  If convicted, BONILLA VALLADARES faces a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison on Count One, a mandatory minimum sentence of 30 years in prison and a maximum term of life in prison on Count Two, and a maximum term of life in prison on Count Three. 

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Williams praised the outstanding investigative work of the DEA’s Special Operations Division Bilateral Investigations Unit, New York Strike Force, and the Tegucigalpa Country Office.  The Justice Department’s Office of International Affairs provided valuable assistance in securing BONILLA VALLADARES’s arrest and extradition.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The charges in the Complaint are merely accusations, and BONILLA VALLADARES 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 should be treated as an allegation.

Notice to Voters and Designating Petition Filers For Congress and State Senate

 

New York State Board of Elections

June 18 – 26 Days of Early Voting for the Primary Election. §8-600(1)
PRIMARY ELECTION DATES June 28 Primary Election §8-100(1)(a) 


The Supreme Court has ordered Congressional and State Senate elections to be held Tuesday, August 23rd, 2022. The Court is working to develop a new Political Calendar to reflect this primary date. Petitioning, submission and other dates will be announced.

At this time, we do not foresee the June 28th primary changing for our statewide offices, the State Assembly, Judicial Delegates and Alternates and any local offices that are scheduled to be on the primary ballot. We will continue to keep voters informed as additional information becomes available.

1 Bronx Pride: Sunday June 19th, 2022 - 1 - 6 PM

 


1 Bronx Pride Celebration - The Fight Continues 
 
Third Avenue Business Improvement District and Clearview Festivals are pleased to present the 2022 Bronx Pride calendar of events and programs.  The culmination of year-long planning based on a platform of equity for the LGBTQ community in the Bronx has resulted in a multi-faceted policy and program agenda that will be celebrated during the 1 Bronx Pride Festival on Sunday, June 19, 2022 in the heart of the downtown Bronx Civic Center at 149th Street and Third Avenue.

For June 2022 1 Bronx Pride information, please click here
1 Bronx Pride Guide
Sponsor Opportunities
Want to join the Advisory Council? Click here
List in formation


NYS DIVISION OF CONSUMER PROTECTION WARNS CONSUMERS OF HEALTH AND WEIGHT LOSS SCAMS

 

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New Yorkers Looking to Lose Weight or Improve Their Health May Unwittingly Purchase Products That Provide no Meaningful Results

 The NYS Division of Consumer Protection today reminded consumers of the dangers of deceptive ads for products that promise weight loss or improved health. Misleading ads, with false promises and unsubstantiated health claims, prey on peoples desires for a quick fix or miracle cure, but they may only cheat you out of your hard-earned money, and worse, be dangerous to your health.

“Weight-loss scams can place consumers at risk of losing more than cash since dietary supplements can jeopardize one’s health. The Division of Consumer Protection warns New Yorkers looking to meet their health and fitness goals to be careful and not fall for the myriad of fraudulent products advertised” said Secretary of State Robert J. Rodriguez. Remember, if it sounds too good to be true, it probably is.”

Health care fraud includes fraudulent, misleading, or deceptive claims for weight loss products or services, health spas and equipment, and over the counter or prescription drugs.  According to the Federal Trade Commission's Consumer Sentinel Network data, it was one of the top 10 fraud categories in 2021, costing U.S. consumers $17 million dollars in losses. New Yorkers are warned to be critical of any new products prior to purchase.

"Nothing can replace the benefits of a healthy diet and regular exercise for safe and effective weight loss," said New York State Health Commissioner Dr. Mary T. Bassett. "Be aware of products that over-promise unrealistic results that may be detrimental to your wallet and to your health."  

New Yorkers should be careful and do research before purchasing a new health or weight loss product and follow these tips:

  • Look out for bogus claims: A health product is fraudulent if it is deceptively promoted as being effective against a disease or health condition, but not scientifically proven safe and effective for that purpose. Consumers may see exaggerated claims in ads, such as “a proven cure”, a “scientific breakthrough” or promising “instant results.” Fraudulent products also use vague buzzwords such as “all-natural” or “herbal.” Often these claims cannot be verified, and they offer no evidence within the ad. Remember: There is no proven quick and easy way to lose weight or get healthy – don’t fall for the deception.
  • Look out for fake guarantees: Always read the fine print before purchasing a health or weight loss product. A common tactic in health care scams is the money-back guarantee, giving the appearance of a risk-free investment. However, often buried in the fine print are conditions that consumers miss, like agreeing to a subscription service for a period or being billed for more product that the consumer intended to use.
  • Look for trustworthy reviews before purchase: Before trying a new product, search for its name online through a trusted search engine. Fake reviews are common so seek verified reviews from a variety of sources. If all you find are glowing reviews, consider if the authors may have been paid or received free product for writing the review. Also look for complaints or lawsuits about the product. If you see the product on social media but the comments are turned off, beware; it’s a red flag that the company is trying to hide honest feedback. Many ads include dramatic before-and-after photos, however, the photos may be doctored or altered or may show a person who never used the advertised product at all. If you can’t find information beyond the product’s advertisements, it is probably a scam.
  • Consult a health professional: Always consult with a primary care physician or certified health practitioner before beginning a new medicine or dietary supplement, particularly if the product is not approved by the FDA. These products may contain unknown ingredients, have harmful health effects, or interfere with your prescriptions.

Consumers who see fraudulent weight loss product claims or false advertising should report it to the Federal Trade Commission and the New York Office of the Attorney General.

Consumers who believe they have been victims of a health scam can file a complaint with NYS Division of Consumer Protection at https://dos.ny.gov/file-consumer-complaint

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm, and by visiting the website at www.dos.ny.gov/consumer-protection.

For more information on consumer-related topics, connect with the Division on social media via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.

State Senator Gustavo Rivera -Questions Answered: Cannabis Business 101

 

GOVERNMENT HEADER
Dear Neighbor,

Thank you to everyone who joined us at my virtual webinar, Cannabis Business 101. I would also like to give an enormous thanks to my amazing panel of experts: Cannabis Attorney Cristina Buccola, Clarence Stanley of the Small Business Development Center at Lehman College, and Cannabis Business Operator and Regulator, Nina Parks. 

I’m grateful to the Office of Cannabis Management (OCM) for their presentation on how they’re creating regulations for this market and providing public health education. The opportunity that this new market will create is immense. In particular, I am looking forward to the opportunities that will become available to Bronxites who were impacted by aggressive law enforcement around marijuana given the social equity and restorative justice components of the law. 

During the webinar, we discussed eligibility for conditional license opportunities, how to prepare your business to seek a license, and what to expect as a new entrepreneur or business owner in New York’s burgeoning cannabis market. 

If you were unable to join us or want to hear from our amazing panelists again, you can watch the virtual webinar on YouTube or Facebook. My team and I have answered some of the questions we couldn’t get to during our event below. Learn more about the cannabis sector in New York by visiting cannabis.ny.gov or reach out to my office if you have further questions.

In Solidarity, 

Gustavo Rivera
State Senator 
33rd District, The Bronx
Watch the Cannabis Business 101 Webinar on YouTube
Cannabis Business 101
Questions and Answers
What is Social and Economic Equity and who qualifies to receive priority?
Social and Economic Equity (SEE) eligibility includes distressed farmers, service-disabled veterans, MWBE certified businesses, and justice-involved individuals as well as communities disproportionately impacted by the war on drugs.  

Who is eligible for the proposed Conditional Adult-Use Retail Dispensary licenses? 
Proposed regulations for conditional adult-use retail dispensary licenses dictate that applicants must provide proof of three years of business ownership and two years of net profit. 

There is also a requirement of 'justice involvement', which is defined as the applicant having been convicted of a marijuana-related charge in this state or being the immediate family member of someone who was. This is one of the social and economic equity priorities in the Marijuana Regulation and Taxation Act (MRTA) law providing for restorative justice. This eligibility is defined as follows:

Was convicted of a marijuana related offense in New York State prior to March 31, 2021

Had a parent, legal guardian, child, spouse, or dependent who was convicted of a marijuana related offense in New York State prior to March 31, 2021

Was a dependent of a person of an individual who was convince of a marijuana related offense in NYS prior to March 31, 2021

Evidence of the primary residence of the justice involved individual at the time of an individual’s arrest or conviction

We'll see what's required of general license applicants when those regulations are proposed, but by law they will include priority for SEE applicants. For now, you can read the proposed regulations and find out how to submit your comments and questions here

To be clear, there will be conditional regulations to go with the conditional licenses? 
Yes, there are draft conditional regulations that are going through the public comment period right now. When those regulations are finalized, that will allow the state to start the application process for conditional licenses.

When will licenses be issued to service-disabled veterans?
OCM has not released their proposed regulations that pertain to license opportunities for service-disabled veterans, who were designated to be part of the Social and Economic Equity priority in the MRTA Law. Follow OCM or sign up for updates to find out when these regulations are released.

I have a few acres of land and I would like to become a grower. Would I be able to get into this? 
Right now, cultivators seeking a license to grow adult-use cannabis for sale must be current cannabinoid hemp cultivators, as part of the Adult-Use Conditional Cultivator License program. The Cannabis Control Board approved those licensees at their April 14 meeting. The OCM has a handy Frequently Asked Questions document here. Opportunities for farmers will open up at cannabis.ny.gov for more cultivators to apply for licenses.

What are "legacy market entrepreneurs"?
Legacy market refers to current marijuana sellers. Legacy market entrepreneurs may be interested in entering the legal market. 

What considerations are there for first-time entrepreneurs interested in getting their start by way of the NYS cannabis industry? Any breaks for them?
MRTA includes language for the state to create low interest loans, grants, and incubator programs to support entrepreneurs. As more regulations are released and we learn more about non-conditional licenses, I’d like to see the support for new entrepreneurs as well so we can support social equity licensees and invest in their success. 

I heard that the state fund won't be ready for 2 years, if so, does that mean that the conventional license will be up and running before conditional license?
The Social Equity fund we passed in this year’s budget is specifically for conditional license-holders in retail dispensaries. I understand that the fund will be available in less than two years so that the conditional license holders can access it, but I’m looking forward to a lot more types of support and capital funding from the state as more license opportunities roll out. 

How can we ensure that already-established companies don't take control of the delivery, retail, and other licensing businesses?
The law that governs cannabis has language that says social equity applicants will have a priority. New York is unique in its legal structure to reduce vertical integration by establishing ownership standards and limiting folks to holding only one license. This is a challenge that we need to work with OCM and cannabis entrepreneurs to prevent. 
Public Health Outreach:
Cannabis Conversations 
Cannabis (also known as marijuana, pot, weed and more) is now legal in New York State for adults 21 and older, though legal adult-use sales are yet to start. Whether you choose to use or not, you might not know as much as you thought.

New York State has launched Cannabis Conversations to help New Yorkers understand the facts on the Cannabis Law, important information on health and safety, and the opportunities the new industry will create. So let’s start talking to increase your knowledge on cannabis and help you make educated decisions. 


Learn more at cannabis.ny.gov.

Statement from NYGOP Chairman Nick Langworthy on Hochul's $35 Million State Abortion Fund

 “Kathy Hochul and Andrew Cuomo already expanded abortion up until birth, allowed it to be performed by non-doctors, and then celebrated with champagne and lighting the Empire State Building pink. The Supreme Court's decision will not affect NYS law--this is ‘never let a crisis go to waste’ manufactured hysteria designed to distract from the absolute dumpster fire they’ve created in New York. Criminals are ruling our streets and no one can afford to live here, but once again NY Democrats’ priorities are completely out of whack with the concerns of struggling New Yorkers.”