Governor Hochul Announces Major Increase in 'Red Flag' Law Usage by Law Enforcement Statewide, Keeping New Yorkers Protected From Gun Violence Caused by Individuals Who Pose a Risk to Themselves or Others

 

Substantially More Red Flag Applications Filed in Last Three Months Than All of 2021

State Police Reports More Than 93 Percent Increase, Suffolk County Sheriff's Office Reports More Than 75 Percent Increase in Red Flag Applications

Progress Comes After Governor Hochul Implemented Executive Order and Passed New Legislation Requiring Red Flag Law Implementation

State Will Offer New Red Flag Law Training in Partnership with Everytown for Gun Safety

 Governor Kathy Hochul announced a major increase in applications for Extreme Risk Protection Orders under New York's Red Flag Law—with substantially more ERPOs filed in the last three months than in all of 2021. The increase comes after Governor Hochul took decisive action in the wake of the mass shooting in Buffalo, issuing an Executive Order requiring State Police to expand their use of the Red Flag Law and working with the legislature to pass a new law requiring all law enforcement agencies in New York to increase the use of these potentially life-saving orders. Governor Hochul made the announcement in Suffolk County where the County Sheriff's Office is reporting a more than 75 percent increase in utilization of the Red Flag Law over the last three months.

"My top priority as governor is to keep New Yorkers safe," Governor Hochul said. "In the wake of the horrific shooting in my hometown of Buffalo, we took quick and decisive action to get illegal guns off our streets and away from individuals who would use them to harm themselves or others. Now, we see our efforts are working, thanks to the heroic efforts of our partners in law enforcement who are on the front lines in the fight to protect public safety and end the scourge of gun violence."

On May 18, four days after the Buffalo shooting, Governor Hochul issued an executive order directing the State Police to apply for an ERPO when there is probable cause that someone posed a danger to themselves or others. On July 6, a new state law signed by the Governor took effect, expanding that order to all law enforcement agencies and district attorneys. The law also added to the list of those who can file orders.

A total of 832 temporary and final ERPOs have been issued in New York State in the past three months (May - August 2022), compared to the 1,424 issued from August 2019 to April 2022.

State Police have filed 184 red flag applications since Governor Hochul signed Executive Order 19 on May 18, 2022, a more than 93 percent increase over the 95 orders filed by State Police in all of 2021. Suffolk County has been a leader in utilizing ERPOs since the Red Flag Law was enacted in August of 2019. Since the week of May 16, the Suffolk County Sheriff's Office has served 114 protection orders, a more than 75 percent increase compared with all of 2021.

Governor Hochul is also announcing that under a partnership between the NYS Division of Criminal Justice Services and Everytown for Gun Safety, the State is offering a free training webinar for law enforcement titled "Extreme Risk Protection Orders - Overview for Law Enforcement." The training, which has been offered to all law enforcement agencies in New York will be held on August 24, and will cover identifying extreme risk behavior, how to file, execute, and extend an ERPO.

NYC PUBLIC ADVOCATE DECLINES TO SIGN PROPERTY TAX WARRANT AS CITY EDUCATION BUDGET REMAINS IN DOUBT

 

 New York City Public Advocate Jumaane D. Williams sent a letter to the Mayor, Speaker, and Commissioner of the Department of Finance today indicating that, in accordance with Section 1518 of the City Charter and in light of the ongoing court battle over the Department of Education budget, he will not be signing the FY2023 property tax warrant at this time.

Following the recent State Supreme Court ruling in Williams v. City Of New York, it was confirmed that the administration has in the past been out of compliance with the City Charter through filing improperly executed warrants without the Public Advocate’s signature, and that the Public Advocate has a responsibility to “investigate and otherwise attempt to resolve” public complaints. 

 

"My office has received and continues to receive public complaints from New Yorkers voicing their concerns and objections to the FY23 education budget cuts, including complaints about the Administration’s failure to meet with the Panel for Education Policy prior to submitting the FY23 education budget for Council adoption. As the Public Advocate for the City of New York, I am charged with the duty of investigating these complaints and following the constantly developing formal and informal attempts to resolve the FY23 education budget cuts matter,” said the Public Advocate in his letter. “While I can reassure you of my commitment to work efficiently to resolve these issues, including signing the FY 23 tax warrant, my obligations pursuant to Section 1518 of the New York City Charter to sign the property tax warrant submitted on June 13, 2022 must not jeopardize my responsibilities under Section 24 of the New York City Charter to properly “investigate and otherwise attempt to resolve” complaints made by the public with regards to the adopted budget and appurtenant tax warrants.”

 

The full text of the Public Advocate's letter to the administration is below, and can be downloaded here. 

RE: Fiscal Year 2023 Property Tax Warrant

Dear Mayor Adams, Speaker Adams, and Commissioner Nisblack:

On August 10, 2022, I signed and returned the tax warrants for FY21 and FY22. However,

pursuant to my obligations under Section 24 of the New York City Charter, I am unable to sign the FY23 tax warrant at this time due to ongoing reviews of constituent complaints concerning the FY23 adopted budget. My office has received and continues to receive public complaints from New Yorkers voicing their concerns and objections to the FY23 education budget cuts, including complaints about the Administration’s failure to meet with the Panel for Education Policy prior to submitting the FY23 education budget for Council adoption. As the Public Advocate for the City of New York, I am charged with the duty of investigating these complaints and following the constantly developing formal and informal attempts to resolve the FY23 education budget cuts matter.

While I can reassure you of my commitment to work efficiently to resolve these issues,

including signing the FY 23 tax warrant, my obligations pursuant to Section 1518 of the New York City Charter to sign the property tax warrant submitted on June 13, 2022 must not jeopardize my responsibilities under Section 24 of the New York City Charter to properly “investigate and otherwise attempt to resolve” complaints made by the public with regards to the adopted budget and appurtenant tax warrants. (Charter of the City of New York §24(f)(4)). To that end, as the Court made clear in its recent decision NYC Public Advocate Jumaane Williams v. City of New York, Index # 152366/2021, you are prohibited from filing the tax warrant without my signature pursuant to Section 1518.

I would like to set up a meeting with you at your very earliest convenience, mindful of time

being of the essence with regards to these issues so that these complaints can be resolved and I can sign the FY23 property tax warrant.

I thank you in advance and ask that you contact First Deputy Public Advocate Nick E. Smith, at nsmith@advocate.nyc.gov, to discuss and arrange this. I look forward to discussing these matters and to working together to address the needs of all of our constituents.

Sincerely,

Jumaane D. Williams

Public Advocate for the City of New York

Rep. Jamaal Bowman Votes Yes on and House Passes Inflation Reduction Act

 

The House passed the Inflation Reduction Act, a reconciliation package of climate, healthcare, and tax measures to strengthen our economy and bring down costs for people in America. Congressman Jamaal Bowman, issued the follow statement following the bill’s passage: 

 

“Many people cannot afford basic necessities to live, and many more are just one missed check or unexpected expense away from a financial catastrophe. The cost of housing, child care, groceries and transportation is astronomical without considering other necessary expenses such as life-saving medicines like insulin,” said Congressman Jamaal Bowman. “The Inflation Reduction Act - sets us on the right path. We’re empowering Medicare to negotiate lower prescription drug prices for seniors and people with disabilities. We’re making long-needed improvements to IRS enforcement and closing tax loopholes that the ultra-wealthy have taken advantage of without accountability. Billion-dollar corporations will start paying a 15 percent corporate minimum tax and a 1 percent tax on corporate stock buybacks - which marks essential progress towards making corporations pay their fair share. With this bill, we’re significantly investing in the clean energy transition. Together, these measures will reduce inflation by centering people and community wellness. Progressives championing issues central to the people is how House Democrats were able to pass the Build Back Better Act. The House-passed Build Back Better Act of 2021 is why we have the Inflation Reduction Act heading to the President’s desk for signature today. It is a start, and we have more work to do to fully respond to the cost of living crisis.  People deserve lower insulin prices and lower drug prices in general, including if you have private health insurance.  We need to protect frontline communities from fossil fuel pollution, and finally end our dependence on oil, gas, and coal. Our work continues to deliver affordable, quality housing, child care, and education, a $15 minimum wage, immigration justice, and more. As we celebrate the progress made today, we recommit to addressing every priority in Build Back Better and more.” 

 

U.S. CONGRESSWOMAN ALEXANDRIA OCASIO-CORTEZ, FOUR MORE LABOR UNIONS ENDORSE STATE SENATOR GUSTAVO RIVERA FOR RE-ELECTION

 

The endorsements mark the latest to join a strong coalition of support for Gustavo from New York’s most powerful people-powered politicians and labor unions.

Congresswoman Alexandria Ocasio-Cortez endorsed State Senator Gustavo Rivera for re-election. The Congresswoman’s endorsement marks the full consolidation of New York’s progressive weight around Sen. Rivera’s progressive, labor-backed campaign, which has already been endorsed by Congresswoman Nydia Velazquez, the Working Families Party, 1199SEIU, the United Federation of Teachers, and other labor and progressive groups across the state.

“State Sen. Gustavo Rivera has been a pivotal voice in Albany for the working-class across the Bronx and the state,” said Congresswoman Alexandria Ocasio-Cortez. “From sponsoring the New York Health Act, which would establish universal healthcare in New York, to fearlessly fighting to keep our schools fully funded, Sen. Rivera has been a consistent force for good in our government. At a time when corporations and dark money interests are spending more money than ever to unseat working-class progressives like him, we need to show them that our votes can’t be bought—and we need to rally for him the way he’s rallied for us.”

“I can’t tell you how proud I am to receive the endorsement of Congresswoman Alexandria Ocasio-Cortez,” said Sen. Rivera. “She is one of the country’s progressive standard-bearers, a longtime champion of the working-class, and a powerhouse who has delivered millions of dollars to the Bronx in service of working families. Congress is a better place with her in it—and I am honored to have her by my side as we fight for an Albany that works for all of us.”

Sen. Rivera’s campaign also announced the endorsement of the Committee of Interns and Residents, SEIU (CIR), and UFCW Local 1500, Teamsters Joint Local 16, and Public Employees Federation, further consolidating his support among the labor movement. 

Quotes from Sen. Rivera’s latest union endorsers below: 

“CIR members are incredibly proud to endorse Gustavo Rivera for the 33rd Senate District of New York. Sen. Rivera has been an ongoing champion for frontline workers and has always stood with CIR members. As doctors, everyday we see how our current health care system fails far too many of our patients. There has been no greater fighter to improve access to care and address health care disparities than Gustavo Rivera. His deep commitment to the people of the Bronx and to fighting to pass the NY Health Act, prove that he is the best choice for district 33. We are incredibly excited to continue building on the work of improving the well-being of our communities with Sen. Rivera.” said Dr Michael Zingman, National Secretary Treasurer Committee of Interns and Residents SEIU.

“PEF is proud to support State Sen. Gustavo Rivera for re-election,” said Wayne Spence, President, NYS Public Employees Federation. “In Albany, Sen. Rivera has been a true champion for labor, fighting to make sure our demands are met with action. We can’t afford to lose his leadership in the State Senate, and look forward to his re-election.” 

“We are proud to stand with Sen. Gustavo Rivera in his re-election campaign,” said Rob Newell, UFCW Local 1500 President. “Sen. Rivera has championed issues for essential workers before the pandemic and continues to do so now—from preventing wage theft to ensuring our members have the healthcare and workplace protections they need,he is with us. Our members have benefitted from the leadership of Sen. Rivera for many years and look forward to more.”

“For years, Sen. Gustavo Rivera has been a trusted partner for the Teamsters,” said Thomas Gesualdi, President of Teamsters Joint Council 16. “Our members in the Bronx need his voice in the State Senate now more than ever. We're proud to support his re-election and stand alongside him in the fight for fair wages, good healthcare, and safe working conditions for every New Yorker.”
 

About Gustavo Rivera: For over 12 years, Senator Gustavo Rivera has fought for labor rights, housing justice, healthcare, and delivering for the working people of the Bronx. He has been endorsed by 1199SEIU, RWDSU, CSA, PSC, UFT, NYSUT, CWA, the Working Families Party, and progressive organizations across the state. 

Statement from New York State Department of Environmental Conservation Commissioner and Climate Action Council Co-Chair Basil Seggos

 

The passage of the Inflation Reduction Act is nothing short of a historic and monumental achievement for America’s battle against climate change, and it could not come at a more pivotal moment in our nation’s history. I commend Senator Schumer, Senator Gillibrand, Speaker Pelosi, New York’s Congressional delegation, and all members of Congress who worked tirelessly to get this done. This level of investment in climate is simply unprecedented and will enable President Biden to fulfill his bold vision for American leadership to address this crisis and opportunity. Importantly, the Act is a major boost for New York’s leading climate efforts and will ensure all states and localities can help galvanize the clean energy economy. New York is extraordinarily well positioned to fast track these initiatives that will reduce the costs and burdens on energy consumers, secure protections and opportunities for disadvantaged communities, provide inflation relief to Americans and New Yorkers, all while reducing the nation’s deficit. We look forward to working with President Biden and our partner states to advance these programs and continue to ensure a cleaner, greener environment for the future of our planet.

Governor Hochul Addresses Identification of Polio in New York City

 

Governor Hochul: "Make sure that your children are protected, because this is a very, very serious disease. And we want to make sure that we take all the steps we can at this time and sound the alarm right now to New Yorkers: Be sure that your vaccines have occurred, be sure they're updated, and that's our best defense against the spread of polio."

 We've had some information revealed about the wastewater and the reflection that there is polio detected, not just in Rockland County where there still remains one positive case of polio, but there is a presence in the New York City wastewater. This is something we're monitoring closely, working closely at the federal, local, and state level, all engaged, hands-on. But the number one thing that people can do to protect themselves is to ensure that they, their children, their loved ones, are vaccinated. We are standing up more vaccination sites. And what could have happened in some cases, because you're required to have a vaccine in order to be a child in our schools in this state, that there could have been a lapse in vaccines as well during the pandemic.

And so, people who may not have remembered it, didn't get to the doctor's office, especially for your children. As a parent, this is a responsibility we're putting on your shoulders, right now. We're asking you to work with us. Make sure that your children are protected, because this is a very, very serious disease. And we want to make sure that we take all the steps we can at this time and sound the alarm right now to New Yorkers: Be sure that your vaccines have occurred, be sure they're updated, and that's our best defense against the spread of polio.

Attorney General James Stops Robocall Company Hired in Scheme to Suppress Black Voters Ahead of 2020 Election

 

Conspiracy Theorists Jacob Wohl and Jack Burkman Paid Message

Communications to Send Out Voter Intimidation Robocall  

Lawsuit Against Wohl and Burkman for Targeting Black Voters Continues 

 New York Attorney General Letitia James today announced a settlement with robocalling platform Message Communications, Inc. (Message Communications) for its involvement in sending out an illegal robocall designed by conspiracy theorists Jacob Wohl and Jack Burkman to prevent Black New Yorkers from voting by mail ahead of the 2020 election. Message Communications and its president Robert Mahanian had been co-defendants in an ongoing voter intimidation lawsuit that Attorney General James filed against Jacob Wohl, Jack Burkman, and related entities in May 2021 for threatening Black voters. 

“Voting is our most basic democratic right, and we will not allow anyone to threaten that right for any group of people in this country,” said Attorney General James. “This scheme to intimidate and discourage Black voters in an attempt to sway an election is reprehensible. While states across the country may continue to threaten our democracy, I will always stand up in defense of New Yorkers’ fundamental right to vote.”  

An investigation by the Office of the Attorney General (OAG) found that Wohl and Burkman, while hiding behind their sham organization “Project 1599,” violated state and federal laws by orchestrating robocalls to threaten and harass Black communities. Wohl and Burkman hired Message Communications to send the robocall message to voters in New York and across the country. The harassing and discriminatory calls reached nearly 5,500 New Yorkers and included claims that mail-in voters would have their personal information disseminated to law enforcement, debt collectors, and the government in an attempt to dissuade individuals from voting. Message Communications and Mahanian have agreed to adopt new policies and procedures which will prevent the company from broadcasting future voter intimidation and election interference tactics. 

The OAG launched an investigation into Wohl and Burkman after receiving tips from people reporting that they received automated messages discouraging them from voting by mail. The investigation found that in the summer of 2020, Wohl and Burkman created and disseminated a robocall recording, falsely claiming that voting by mail would subject the voter to having their personal information used by the police to track old warrants, credit card companies to collect debts, and the Centers for Disease Control and Prevention (CDC) to track individuals for mandatory vaccines, all of which was false. The following is a transcript of the automated recording: 

“Hi, this is Tamika Taylor from Project 1599, the civil rights organization founded by Jack Burkman and Jacob Wohl. Mail-in voting sounds great, but did you know that if you vote by mail, your personal information will be part of a public database that will be used by police departments to track down old warrants and be used by credit card companies to collect outstanding debts? The CDC is even pushing to use records for mail-in voting to track people for mandatory vaccines. Don’t be finessed into giving your private information to the man, stay safe and beware of vote by mail.” 

Wohl and Burkman hired Message Communications to send the robocall message to voters in New York and across the country. On August 26, 2020, Message Communications sent the robocall to over 85,000 phone numbers nationwide, including approximately 5,500 phone numbers with New York area codes, predominately in and around New York City. According to data obtained by OAG, at least 4,186 calls were sent to numbers with a 212 area code; at least 703 calls were sent to numbers with a 646 area code; at least 198 calls were sent to numbers with a 347 area code; and at least 170 calls were sent to numbers with a 917 area code. The OAG found that Wohl and Burkman clearly and deliberately targeted Black communities in carrying out their widespread robocall campaign.  

As part of the agreement, Message Communications will send out a voter protection robocall that will be placed by an approved non-partisan voting rights organization. The company will also refrain from knowingly transmitting any robocalls that would intimidate or deter voters from voting by any method in any election and will adopt a policy to prohibit Message Communications’ customers from using its services to violate any election laws, civil rights statutes, or consumer protection and anti-fraud laws. Finally, the company will screen customers and all election-related robocalls before they are placed in order to prevent intimidating messages from being sent.   

Additionally, Message Communications will pay $50,000 in restitution for the damage caused to New Yorkers through the voter intimidation plot. These funds will be distributed by OAG to New Yorkers who were subjected to the robocalls. New Yorkers who believe they received the call should contact OAG at civil.rights@ag.ny.gov to begin the restitution process.  

The OAG’s case against defendants Jacob Wohl, Jack Burkman, Burkman’s lobbying firm, JM Burkman & Associates, and Project 1599 remains ongoing. The OAG is litigating this case alongside co-plaintiffs comprised of voters who received the robocall and the National Coalition on Black Civic Participation, all of whom are being represented by the Lawyers’ Committee for Civil Rights Under Law and the law firm of Orrick, Herrington & Sutcliffe LLP.  

Robert Lenard Booth Sentenced To Ten Years For Defrauding Investors Of Over $2 Million In International Boiler Room Scheme

 

Robert Lenard Booth Sentenced After Being Convicted by a Jury for Conspiracies to Commit Securities Fraud, Wire Fraud, and Money Laundering

 Damian Williams, United States Attorney for the Southern District of New York, announced that ROBERT LENARD BOOTH, a/k/a “Trevor Nicholas,” was sentenced to ten years in prison for defrauding investors of almost $2 million and laundering the proceeds as part of an international boiler room scheme.  Back in April, a jury convicted BOOTH of conspiracies to commit securities fraud, wire fraud and money laundering.  U.S. District Judge Jed S. Rakoff imposed the sentence in Manhattan federal court.

U.S. Attorney Damian Williams said:  “For years, Robert Lenard Booth and his co-conspirators made fraud their business.  They used elaborate paperwork and strategies for emotional manipulation to defraud individual investors, often repeatedly targeting the same victims and sometimes extracting from them their life savings.  Today’s sentence holds him accountable and sends a message to those who engage in fraud that they will face consequences.”

According to previous filings in this case and the evidence presented at trial:

Previously a resident of Brooklyn, New York, BOOTH relocated overseas and spent years defrauding investors from Thailand and Panama.  From at least June 2019 through August 2021, BOOTH ran, and conspired with others to run, a boiler room operation that sold investors nearly $2 million in securities that they never received.  Targeting their victims repeatedly by phone, BOOTH and others pretended to be licensed brokers at real Manhattan brokerages, then used high-pressure tactics to pitch stocks at alleged discount prices.  They followed up by sending the victims false documents to confirm the alleged stock purchases and trades.

Over time, the fraudsters established personal rapport with the victims and directed the victims to wire money—sometimes hundreds of thousands of dollars—to shell company accounts in New York, Hong Kong, and Singapore.  To make the payments, a number of victims spent down their savings and took out loans and mortgages.  To receive and launder the victims’ payments, BOOTH worked with other money launderers who established sham companies and then lied to banks to open U.S. bank accounts in the names of those companies.

In total, Booth’s boiler room defrauded at least 17 victims of $2,003,993.

On April 27, 2022, BOOTH, 68, was convicted of conspiracies to commit securities fraud, wire fraud and money laundering after a six-day jury trial before Judge Rakoff.  In addition to the prison sentence, BOOTH was sentenced to 3 years of supervised release. Orders have also been entered for $2,003,883 in restitution and $780,981.86 in forfeiture.

Mr. Williams praised the outstanding investigative work of the Special Agents of the United States Attorney’s Office, HSI, IRS-CI, and their partnership with the J5. The J5 works together to gather information, share intelligence and conduct coordinated operations against transnational financial crimes. The J5 includes the Australian Taxation Office, the Canadian Revenue Agency, the Dutch Fiscal Information and Investigation Service, Her Majesty's Revenue and Customs from the U.K. and IRS-CI from the U.S.