Thursday, August 18, 2022

Wildlife Trafficker From Uganda Sentenced To 63 Months For Large-Scale Trafficking Of Rhinoceros Horns And Elephant Ivory

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that MOAZU KROMAH, a/k/a “Ayoub,” a/k/a “Ayuba,” a/k/a “Kampala Man,” a citizen of Liberia and resident of Uganda, was sentenced today to 63 months in prison for conspiring to traffic in millions of dollars in rhinoceros horns and elephant ivory, both endangered wildlife species, which involved the illegal poaching of more than approximately 35 rhinoceros and more than 100 elephants.  The sentence was imposed by U.S. District Judge Gregory H. Woods.  KROMAH was previously extradited to the United States from Uganda on June 13, 2019, to face charges in this case, and he has been detained since his arrival in the United States.

U.S. Attorney Damian Williams said:  “The protection of endangered wildlife and natural resources remains a crucial and important priority for my Office.  Today’s sentence demonstrates that those who are responsible for the decimation of global populations of endangered and threatened animals protected by international agreements will face serious consequences. This case also exemplifies our commitment, together with the U.S. Fish and Wildlife Service and the Drug Enforcement Administration, to work with our international partners to arrest and bring to justice in a U.S. courtroom those who commit these serious crimes abroad.”

In imposing today’s sentence, Judge Woods remarked that he agreed with the Government that a significant sentence was necessary to send a “loud and clear message” that such large-scale wildlife trafficking warrants serious consequences.

According to the charging and other documents filed in the case, as well as statements made in court proceedings:

KROMAH and two of his co-conspirators, AMARA CHERIF, a/k/a “Bamba Issiaka,” a citizen of Guinea, and MANSUR MOHAMED SURUR, a/k/a “Mansour,” a Kenyan citizen, were members of a transnational criminal enterprise (the “Enterprise”) based in Uganda and surrounding countries that was engaged in the large-scale trafficking and smuggling of rhinoceros horns and elephant ivory, both protected wildlife species.  Trade involving endangered or threatened species violates several U.S. laws, as well as international treaties implemented by certain U.S. laws.

From at least in or about December 2012 through at least in or about May 2019, KROMAH, CHERIF, and SURUR conspired to transport, distribute, sell, and smuggle at least approximately 190 kilograms of rhinoceros horns and at least approximately 10 tons of elephant ivory from or involving various countries in East Africa, including Uganda, the Democratic Republic of the Congo, Guinea, Kenya, Mozambique, Senegal, and Tanzania, to buyers located in the United States and countries in Southeast Asia.  Such weights of rhinoceros horn and elephant ivory are estimated to have involved the illegal poaching of more than approximately 35 rhinoceros and more than approximately 100 elephants.  In total, the estimated average retail value of the rhinoceros horn involved in the conspiracy was at least approximately $3.4 million, and the estimated average retail value of the elephant ivory involved in the conspiracy was at least approximately $4 million.

Typically, the defendants exported and agreed to export the rhinoceros horns and elephant ivory for delivery to foreign buyers, including a buyer represented to be in Manhattan, in packaging that concealed the rhinoceros horns and elephant ivory in, among other things, pieces of art such as African masks and statues.  The defendants received and deposited payments from foreign customers that were sent in the form of international wire transfers, some of which were sent through U.S. financial institutions, and paid in cash.

On or about March 16, 2018, law enforcement agents intercepted a package containing a black rhinoceros horn sold by the defendants that was intended for a buyer represented to be in Manhattan.  From in or about March 2018 through in or about May 2018, the defendants offered to sell additional rhinoceros horns of varying weights, including horns weighing up to approximately seven kilograms.  On or about July 17, 2018, law enforcement agents intercepted a package containing two rhinoceros horns weighing over five kilograms sold by the defendants that were intended for a buyer represented to be in Manhattan.

KROMAH, 49, of Kampala, Uganda, previously pled guilty on March 30, 2022, to one count of conspiracy to commit wildlife trafficking and two counts of wildlife trafficking. 

Mr. Williams praised the outstanding investigative work of the U.S. Fish and Wildlife Service and the U.S. Drug Enforcement Administration, and he thanked law enforcement authorities and conservation partners in Uganda and Kenya, including the Uganda Wildlife Authority, the Uganda Office of the Director of Public Prosecution, the Uganda Police Force, the Kenya Directorate of Criminal Investigations, and the Kenyan Office of the Director of Public Prosecutions, for their assistance in this investigation.  Mr. Williams also thanked the U.S. Department of State and the U.S. Department of Justice’s Office of International Affairs for their assistance.

MAYOR ADAMS REMOVES ABANDONED OUTDOOR DINING SHEDS, COMPLETES INITIAL BLITZ DEMOLISHING 24 NEGLECTED SHEDS

 

Administration Invites New Yorkers to Help Identify Deserted Sheds for Removal

 

Sheds That Are Abandoned Have Been Dark Spot on Otherwise Successful Program City Continues to Support, Removal Marks Critical Step Towards Permanent Program


  New York City Mayor Eric Adams today announced a new, multiagency enforcement initiative focused on spotlighting open and active outdoor dining sheds in the city’s Open Restaurants program and removing abandoned sheds that were formerly part of restaurants that have now shut down. Mayor Adams marked the new initiative after dining outdoors at a restaurant in Manhattan last night.

 

As part of this initiative, Mayor Adams today announced the completion of an initial blitz in which the city removed 24 identified sheds outside now closed restaurants in the matter of a few days. As none of the sheds are currently attached to functioning restaurants, these abandoned sheds have, in many cases, fallen into disrepair and created conditions that facilitate illicit and illegal behavior — affecting quality of life in neighborhoods across the city. These deserted sheds — representing a small minority of the nearly 13,000 Open Restaurants participants — have distracted from an otherwise popular, successful program, and their removal represents an important step towards a permanent program that all New Yorkers can be proud of, with clear design guidelines and stronger enforcement.

 

“Outdoor dining has transformed New York City and saved 100,000 jobs during the pandemic, but we cannot allow abandoned dining sheds to litter our streets,” said Mayor Adams. “These deserted dining sheds have become eyesores for neighbors and havens for rats, and we are going to tear them down. And, with this initiative, we are also taking the essential step towards a permanent Open Restaurants program that all New Yorkers can be proud of every day. I want to say it loud and clear: Outdoor dining is here to stay.”

 

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Images from before, during, and after one shed removal operation in Queens. Credit: New York City Department of Transportation

 

“New Yorkers made the Open Restaurants program a huge success; it’s now part of the fabric of our city,” said Deputy Mayor for Operations Meera Joshi. “New Yorkers expect and deserve safe, clean, and sensible structures, and it’s clear that a small universe of these sites is not living up to these standards. While the overwhelming majority of Open Restaurants have helped to reimagine our streetscape in a positive way, the Adams administration is addressing abandoned sheds that have become eyesores and source of blight, as well as those that pose health and safety risks. The Open Restaurants program is working for patrons, small business owners, and essential employees who make these establishments run, and this administration will be vigilant in ensuring every site is worthy of the great New York City neighborhood in which it sits.” 

 

“The Open Restaurants program was a lifeline for the city’s restaurant industry during the pandemic — it kept restaurants afloat during the hardest of times, enlivened commercial corridors, and set a new example of how we can think about our public street space and sidewalks,” said Deputy Mayor for Economic and Workforce Development Maria Torres-Springer. “This administration is committed to a permanent version of this program that addresses health and safety concerns while retaining the creativity and character that we have seen with the temporary program, including ensuring we are properly enforcing unsafe and abandoned structures.”

 

The new enforcement initiative is being spearheaded by Deputy Mayor Meera Joshi with a task force led by the New York City Department of Transportation (DOT) and the New York City Department of Sanitation (DSNY). The New York City Parks Department (NYC Parks) assisted with the initial blitz, and the New York City Police Department (NYPD) has assisted with specific shed removals where necessary for public safety.

 

Having removed the initial 24 abandoned sheds, the task force has begun identifying and removing additional abandoned sheds, investigating another 37 sheds identified as egregious violators of Open Restaurants program guidelines, and reviewing complaints and summons data to identify and remove other abandoned sheds throughout the five boroughs. Sheds reported to be abandoned will be verified as abandoned two separate times before receiving a termination letter, followed by removal and disposal of the shed.

 

The task force will also review sheds that, while potentially active, are particularly egregious violators of Open Restaurants program guidelines. In these cases, sheds will be inspected three separate times before action is taken. After each of the first two failed inspections, DOT will issue notices instructing the restaurant owner to correct the outstanding issues; after the third visit, DOT will issue a termination letter and allow 48 hours before issuing a removal notice. DOT will then remove the structure and store it for 90 days — if the owner does not reclaim it in that period, DOT will dispose of the structure.

 

The administration is encouraging any New Yorker who identifies a shed that appears abandoned to call 311, say “Open Restaurants” or “outdoor dining,” and share the location so the task force can review it. New Yorkers can also submit photos to 311 via text, email, or the 311 website to report a shed out of compliance.

 

The Open Restaurants program has been a lifeline for restaurants and restaurant workers through the pandemic, saving an estimated 100,000 jobs and reimagining the city’s roadway and curb space. The program will continue to be a critical piece of the recovery of the multibillion-dollar hospitality, nightlife, and tourism industry; neighborhood’s economies across the city; and the citywide economy.

 

“Open Restaurants has enabled us to reimagine the use of public space, so we will not let a few bad actors destroy the program for thousands of restaurants that have been great partners and neighbors,” said DOT Commissioner Ydanis Rodriguez. “We will follow Mayor Adams’ leadership in the coming months as we further grow Open Restaurants and Open Streets into effective and permanent programs.”

 

“New York has always been known for its restaurants, and, under the Adams administration, we’re going to be known for something else: clean streets,” said DSNY Commissioner Jessica Tisch. “The two have to go hand in hand; DSNY is proud of our part in making sure that Open Restaurants don’t end up open to rats, too.”

 

"Open Restaurants has transformed our city's public realm — and, with this new initiative, Mayor Adams is making sure that outdoor dining continues to work for business owners and New Yorkers," said NYC Parks Commissioner Sue Donoghue. "NYC Parks is proud that our carpenters and maintenance staff assisted in this initial blitz in support of the program’s continued success."

 

“Open Restaurants has rejuvenated our streets and given a lifeline for so many establishments over the past two years,” said New York City Department of City Planning Director and New York City Planning Commission Chair Dan Garodnick. “While we build out a permanent program, we also need to make sure our streets and sidewalks remain safe. And that's what this enforcement action is all about.”

 

“Many businesses have reverted to pre-pandemic dining, while others are eager to continue the outdoor experience and have aligned with the rules and regulations of the city,” said New York City Councilmember Marjorie Velázquez. “Unfortunately, these abandoned, dilapidated structures contribute to health and public safety concerns. When there is no upkeep or accountability for these outdoor dining structures, we see sanitation concerns, vermin, and an increase in unhoused individuals making a shelter out of these structures. For the city to thrive and rebuild effectively, we must work towards lawful and equitable solutions for economic upward mobility. I commend Mayor Adams for holding bad actors and businesses accountable for their egregious negligence.” 

 

“It’s great news that Mayor Adams announced the city will remove abandoned outdoor dining structures that shuttered during the pandemic and will focus on revitalizing dilapidated ones as we transition out of the temporary emergency program that saved countless small businesses and jobs,” said Andrew Rigie, executive director, New York City Hospitality Alliance. “We look forward to working with the city to develop a permanent outdoor dining system that will be beautiful and sustainable for the future.”

 

Wednesday, August 17, 2022

How is Early Voting Going - Day 5

 

We can't tell you how people voted, but we can tell you how many people have voted and in which borough they voted. You should know that there are ten Early Voting Sites in the Bronx, and six different elections going on. There are various other races going on in different boroughs.

Representative in Congress

13th Congressional District - Democrat

Manhattan and part of the Bronx

14th Congressional District - Republican

Bronx and Queens

16th Congressional District - Democrat

Westchester County part of and the Bronx

State Senator

31st Senatorial District - Democrat

Manhattan and part of the Bronx

33rd Senatorial District - Democrat

Entirely in the Bronx

34th Senatorial District - Democrat

The Bronx and part of Westchester County

Early Voting Check-Ins

August Primary Election 2022

August 13, 2022 - Day 1

 

  • New York - 4,631
  • Bronx - 619
  • Brooklyn - 2,450
  • Queens - 576
  • Staten Island - 811 

Total Number of Early Voting Check-Ins 9,087

*Unofficial as of Close of Polls


August 14, 2022 - Day 2

 

  • New York - 8,854
  • Bronx - 1,070
  • Brooklyn - 4,750
  • Queens - 1,071
  • Staten Island - 1,515

 

Total Number of Early Voting Check-Ins 17,260

*As of Close of Polls – Unofficial and Cumulative


August 15, 2022 - Day 3

 

  • New York - 12,407
  • Bronx - 1,538
  • Brooklyn - 6,647
  • Queens - 1,501
  • Staten Island - 2,198

 

Total Number of Early Voting Check-Ins 24,291

*As of Close of Polls – Unofficial and Cumulative


August 16, 2022 - Day 4

 

  • New York - 17,137
  • Bronx - 2,082
  • Brooklyn - 9,261
  • Queens - 2,096
  • Staten Island - 3,063

 

Total Number of Early Voting Check-Ins 33,639

*As of Close of Polls – Unofficial and Cumulative


August 17, 2022 - Day 5

 

  • New York - 21,017
  • Bronx - 2,546
  • Brooklyn - 11,654
  • Queens - 2,622
  • Staten Island - 3,800 

Total Number of Early Voting Check-Ins 41,639

*As of Close of Polls – Unofficial and Cumulative


To be updated when Early voting is over Sunday August 21st.


Governor Hochul Announces Re-launch of #Vaxtoschool COVID-19 Vaccine Effort

 VaxToSchool Bus

Campaign to Encourage COVID-19 Vaccination Among School-Aged Children

Pop-Up Sites Around State to Provide Equitable Access to COVID-19 Vaccinations


 Governor Kathy Hochul today announced the re-launch of #VaxtoSchool, the multi-faceted statewide campaign aimed at increasing COVID-19 vaccination rates among school-aged New Yorkers. The campaign furthers Governor Hochul's commitment to ensuring equitable access to vaccines, and to make the health and well-being of students, teachers and families a top priority.

"As we prepare for the beginning of the school year and the fall season, it is important that we do all we can to protect our youngest New Yorkers," Governor Hochul said. "By breaking down barriers to vaccine access, these partnerships will allow New York State to continue to protect the health and safety of our most vulnerable community members and keep our schools open. The re-launching of our successful #VaxtoSchool campaign will support our Fall Action Plan, and ensure we are getting New Yorkers the resources they need to protect themselves from being seriously ill or hospitalized due to COVID-19."

The #VaxtoSchool campaign, critical resources and materials for parents and guardians of school-aged children and schools are available at ny.gov/vaxtoschool. The site includes vaccine information, and an FAQ for parents and guardians.

Commissioner of Health Dr. Mary T. Bassett said, "Some children face barriers to receiving COVID-19 vaccines and boosters, but thanks to Governor Hochul's leadership, these #VaxForKids partnerships will help ensure equitable access to COVID-19 vaccines for children under 12 years of age. As children can catch COVID-19 and develop severe disease, and vaccination remains their best protection against the virus and its variants, I urge all parents and guardians to get their children vaccinated before they head back to school."


Mid-Hudson

 

Bowen Memorial Baptist Church

14 North Columbus Ave

Mount Vernon, NY 10553

Open: Aug. 17, 10 a.m. to 6 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 6 months+

 

Boys & Girls Club- New Rochelle 5th Annual Back to School Drive

79 7th Street

New Rochelle, NY 10801

Open: Aug. 20, 10 a.m. to 2 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 5+

 

Greater Centennial A.M.E. Zion Church Back to School event

114 West 4th St.

Mount Vernon, NY 10550

Open: Aug. 27, 11 a.m. to 3 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 5+

 

Bowen Memorial Baptist Church

14 North Columbus Ave

Mount Vernon, NY 10553

Open: Sept. 7, 10 a.m. to 6 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 6 months+

 

Larchmont/Mamaroneck Hunger Task Force

955 Mamaroneck Avenue

Larchmont, NY 10543

Open: Sept. 13, 3 p.m. to 6:30 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 6 months+

 

Bowen Memorial Baptist Church

14 North Columbus Ave

Mount Vernon, NY 10553

Open: Sept. 14, 10 a.m. to 6 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 6 months+ 


New York City

Harlem Week Children's Festival

Howard Bennet Playground

135th Street and North Side Between Lenox and 5th Ave

New York, NY 10037

Open: Aug. 20 and Aug. 21, 11 a.m. to 4 p.m.

Vaccine type: Pfizer-BioNTech and Moderna

Ages 5+

 

Krab Queenz Harlem - Single Parents Back to School Giveaway

100 West 125 Street

New York, NY 10027

Open: Aug. 29, 11 a.m. to 6 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 5+

 

Queens Borough Hall

120 -55 Queens Blvd.

Kew Gardens NY 11415

Open: Aug. 29, 8 a.m. to 6 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 6 months+

 

Bethany Baptist Church Community Booster Event

460 Marcus Garvey Blvd

Brooklyn, NY 11216

Open: Sept. 10, 10 a.m. to 6 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Ages: 5+

 

First Step Medical P.C.

705 East 180th Street

Bronx, NY 10457

Open: Monday-Friday, 9 a.m. to 5 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Event Partner: First Step Medical P.C.

Ages: 6 months to 4 years

 

One Hanson Place Pediatrics PLLC

1 Hanson Place

Brooklyn, NY 11243

Open: Monday-Friday, 9 a.m. to 5 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Event Partner: One Hanson Place Pediatrics PLLC

Ages: 6 months to 4 years

 

National Pediatric Center

102-11 Roosevelt Avenue

Corona, NY 11368

Open: Monday-Friday, 9 a.m. to 5 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Event Partner: National Pediatric Center

Ages: 6 months to 4 years

 

Pediatrics 2000 II Pediatric Center

3332 Broadway

New York, NY 10031

Open: Monday-Friday, 9 a.m. to 5 p.m.

Vaccine Type: Pfizer-BioNTech and Moderna

Event Partner: Pediatrics 2000 II Pediatric Center

Ages: 6 months to 4 years

Excelsior Pass Plus

Excelsior Pass Plus is a secure, digital copy of a person's COVID-19 vaccination record or negative test results. Anyone who has received a COVID-19 vaccine or negative COVID-19 test results in the State of New York is eligible for an Excelsior Pass Plus, including children under 18 years old. Parents and legal guardians may retrieve and store Passes on behalf of children or minors under legal guardianship. Learn more about the Excelsior Pass Plus here.

Governor Hochul's Fall Action Plan

The state is actively preparing a Fall Action Plan to address potential pandemic surges later this year. Planning is being conducted in consultation with health policy experts and will also be informed by the voices of New Yorkers through a public opinion survey conducted by the state in mid-June that surveyed residents on issues related to the pandemic.

Fall planning will focus on:

  • A Return to School strategy, including distributing three million tests to schools before the beginning of the school year.
  • Getting more New Yorkers vaccinated and boosted, including the ability to stand up mass vaccination sites again if the need arises.
  • Encouraging New Yorkers to test early, test often.
  • Promoting more access to treatment and therapeutics, including a recently launched statewide hotline for New Yorkers who may not have immediate access to healthcare professionals, as well as an ongoing commitment to support New Yorkers struggling with the effects of Long COVID.
  • Readying stockpile of personal protective equipment, including 20 million tests ready to deploy where needed.
  • Strengthening our hospital systems, including preparations to ramp up the State's Surge Operations Center in the event they are needed.

Carpenters Recruit Apprentices

 

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The Joint Apprenticeship and Training Committee for the Carpenters JATC of New York City and Vicinity will conduct a recruitment from September 14, 2022 through August 9, 2023 for 25 Carpenter (Piledriver/Dockbuilder) apprentices; 20 Linoleum, Resilient Tile, and Carpet Layer apprentices; 10 Cabinet Maker apprentices; and 10 Millwright apprentices, the New York State Department of Labor announced today.

Applications must be obtained in person at the New York City District Council of Carpenters Training Center, 395 Hudson Street (Clarkson Street entrance), 2nd floor, New York City, NY, on the second Wednesday of each month, excluding December 14, 2022 and January 11, 2023, during the recruitment period. Applications will be available from 7:00 a.m. to 7:30 a.m. ONLY. There will be no admittance after 7:30 a.m. Only the applicant will be allowed to obtain an application. In order to receive an application, applicants must provide government-issued picture identification.

Completed original applications must be submitted by mail to the New York City District Council of Carpenters Training Center, 395 Hudson Street, 2nd Floor, New York City, NY 10014. All applications must be completed correctly and postmarked no later than five (5) business days from the date that the application was provided. Failure to comply will disqualify the individual from further consideration.

Applicants that comply with the previous application steps will receive a confirmation letter and will remain on file until demand for apprentices is anticipated. Once apprentices are needed, selected applicants will be notified, by mail, to attend a four-hour initial orientation. Applicants that do not arrive on time to the initial orientation will be disqualified from further consideration. At the end of orientation, applicants will be scheduled for an interview at a future date and will be provided with an instruction sheet and a list of original documents that will be required, if they are accepted into the program. Applicants that do not arrive on time to their scheduled interview will be disqualified from further consideration.

As apprentices are requested by signatory contractors, the top-ranking candidates will be notified to attend a final orientation. Applicants must arrive on time to the final orientation with proper documentation. All applicants must bring originals of all verification documents. Those that do not comply will be disqualified from further consideration. A conditional offer of employment will be made to all attendees of the final orientation.

The Committee requires that applicants:

  • Must be at least 17 years old at the time of application.
  • Must have a high school diploma or a high school equivalency diploma (such as TASC or GED). Proof will be required after selection and prior to enrollment in apprenticeship.
  • Must be physically able to perform the work of the trade without posing a direct threat to the safety of themselves or others.
  • Must pass a substance abuse screening, at the expense of the sponsor, within 48 hours of selection and prior to enrollment in apprenticeship, at a collection site designated by the JATC. Applicants that do not pass the substance abuse screening will be notified and disqualified from further consideration.
  • Must provide proof of any trade-related experience, certification, or education, after selection and prior to enrollment in apprenticeship.
  • Must be a U.S. citizen or have the legal right to work in the United States. Proof will be required after selection and prior to enrollment in apprenticeship.
  • Must have reliable means of transportation to and from various job sites and related instruction classes.
  • Must provide DD Form 214, Certificate of Release or Discharge from Active Duty, if applicable, after selection and prior to enrollment in apprenticeship.

For further information, applicants should contact the Carpenters JATC of New York City and Vicinity at (212) 727-2224. Additional job search assistance can be obtained at your local New York State Department of Labor Career Center (see: dol.ny.gov/career-centers).

Apprentice programs registered with the Department of Labor must meet standards established by the Commissioner. Under state law, sponsors of programs cannot discriminate against applicants because of race, creed, color, national origin, age, sex, disability, or marital status. Women and minorities are encouraged to submit applications for apprenticeship programs. Sponsors of programs are required to adopt affirmative action plans for the recruitment of women and minorities.

Former CEO Of Email Security Company Pleads Guilty To $50 Million Scheme To Defraud Investors And Lenders

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that ROBERT BERNARDI, the founder, and former Chief Executive Officer of the Virginia-based email security company GigaMedia Access Corporation, d/b/a GigaTrust (“GigaTrust”), pled guilty today in Manhattan federal court in connection with a scheme to defraud investors and lenders of millions of dollars through false and misleading misrepresentations, including fabricated bank statements and audit reports, and by impersonating a purported customer, auditor, and GigaTrust lawyer.  U.S. District Judge Paul G. Gardephe accepted the defendant’s guilty plea.

U.S. Attorney Damian Williams said:  “Robert Bernardi, founder and former CEO of Gigatrust, a purported market-leading provider of cloud-based content security solutions, used the prolific reputation of his company to secure upwards of $50 million in loans and investments.  But, as he admitted today, Bernardi’s representations to lenders and investors were just a house of cards built on a series of lies.”   

According to the allegations in the Indictment and other filings and statements made in court:

From in or about 2016 through at least in or about 2019, GigaTrust was a private company headquartered in Virginia that purported to be a market-leading provider of cloud-based content security solutions.  BERNARDI founded GigaTrust and served as its CEO, while NIHAT CARDAK and SUNIL CHANDRA were GigaTrust’s CFO and Vice President of Business Development, respectively.  The defendants devised a scheme to defraud investors and lenders by (a) fabricating and disseminating false and misleading bank account statements that overstated GigaTrust’s cash deposits; (b) fabricating and disseminating false and misleading audit materials that purported to have been issued by GigaTrust’s auditors and overstated GigaTrust’s performance; (c) forging and disseminating a false and misleading letter purporting to be from GigaTrust’s New York-based counsel; and (d) impersonating or causing others to impersonate a purported customer and auditor of GigaTrust on telephone calls with a prospective lender. 

Specifically, BERNARDI sent fabricated audit materials to a New York-based investment firm, and BERNARDI and CARDAK used fabricated bank statements to obtain multiple rounds of loans and investments for GigaTrust, worth millions of dollars.  After a New York-based bank (“Bank-1”), which had loaned GigaTrust $25 million, declared that GigaTrust had defaulted on the terms of its loan agreement, BERNARDI and CARDAK induced additional investments in GigaTrust through, among other things, forging a letter purporting to be from GigaTrust’s New-York based counsel.  Shortly thereafter, while negotiating another $25 million deal with a lender (“Lender-1”), BERNARDI and CARDAK devised a scheme to impersonate a GigaTrust customer and auditor on requested diligence calls, which induced Lender-1 to make a $25 million loan to GigaTrust.  BERNARDI recruited CHANDRA to pose as one of GigaTrust’s alleged customers on a call with Lender-1.  BERNARDI and CARDAK also fabricated bank statements and sent them to Lender-1 right before closing the $25 million deal. 

GigaTrust filed for Chapter 7 bankruptcy protection in the District of Delaware on or about November 27, 2019.

BERNARDI, 68, pled guilty to one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison, one count of conspiracy to commit bank fraud, which carries a maximum sentence of 30 years in prison, and one count of conspiracy to commit wire fraud affecting a financial institution, which carries a maximum sentence of 30 years in prison. 

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

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation in this case.  Mr. Williams further thanked the Securities and Exchange Commission, which has filed a civil enforcement action against the defendants, for its cooperation and assistance in this investigation. 

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

Attorney General James Leads Coalition to Support Free and Fair Elections

 

AG James Co-Leads Coalition Supporting Lawsuit Challenging Florida Law that Stifles Voters who Use Drop Boxes for Absentee Ballots

 New York Attorney General Letitia James today continued her efforts to stand up for voters’ rights, co-leading a coalition of 17 attorneys general in filing an amicus brief to block a voter-suppression law in Florida. The coalition’s brief, filed in League of Women Voters of Florida v. Lee, argues that Florida’s new law imposes unlawful and unconstitutional voting restrictions on the use of drop boxes to return absentee ballots. Attorney General James and the coalition explain in the amicus brief that Florida’s law intentionally discriminates against minority voters and violates the Voting Rights Act and the right to vote as protected by the U.S. Constitution in the First, Fourteenth, and Fifteenth Amendments. 

“Free and fair access to voting is foundational to our democracy,” said Attorney General James. “Efforts by other states to put up roadblocks and keep citizens from the polls harm the entire nation and must be confronted. Every voter has a right to have their voice heard and respected by those in power. My office will continue to fight against voter suppression efforts and to work with my fellow attorneys general to stand up for the rights of all Americans.”

Following the high turnout Florida experienced during the 2020 election, the state passed SB 90, which, among other things, severely reduces voters’ access to drop boxes. The law was immediately challenged in court by several organizations and individual voters seeking to block it from going into effect.

In the amicus brief –– filed in the U.S. Court of Appeals for the 11th Circuit –– the coalition supports the argument that SB 90 has discriminatory impacts on minority voters in Florida, that it was passed with the intent to discriminate, and that the law burdens the fundamental right to vote. The coalition also argues that it is possible to prevent fraud and promote voter confidence without constricting the right to vote. The brief concludes by urging the Court of Appeals to affirm the U.S. District Court for the Northern District of Florida’s permanent injunction against enforcement of SB 90’s drop box provisions.  

Attorney General James has been an outspoken advocate for New York voters, and has been instrumental in efforts to expand voters’ rights and access to the polls. The Office of the Attorney General has an Election Protection Hotline and works to inform voters to ensure they are able to report issues or if they experience problems. Earlier this month, Attorney General James announced a settlement with robocalling platform Message Communications, Inc. (Message Communications) for its involvement in sending out an illegal robocall designed to prevent Black New Yorkers from voting by mail ahead of the 2020 election. In May 2021, Attorney General James filed a lawsuit against the Rensselaer County Board of Elections (BOE) for failing to provide county voters in with adequate and equitable access to early voting poll sites, as required by New York’s Early Voting law. In August 2021, the court ruled in favor of Attorney General James’ lawsuit and ordered the BOE to select new early voting poll sites. Leading up to the 2020 primary elections, Attorney General James called for automatic absentee voting due to the pandemic and need to protect voters, and following the November election, the Attorney General issued an alert to ensure absentee voters were aware of their rights in case there was an issue with their ballots.

This amicus brief is a continuation of efforts by Attorney General James to protect voters’ rights and challenge restrictive voting laws throughout the nation. Previously in this case, Attorney General James filed an amicus brief to support plaintiffs at the summary judgment stage in the District Court. Attorney General James has also successfully advocated against unfair voting restrictions and illegal efforts to deter voting in New York and across the country, including filing lawsuits against the Trump Administration’s for undermining the U.S. Postal service in an effort to block mail-in voting in the 2020 election, filing an amicus brief in a lawsuit brought forward against a similar discriminatory Georgia law, and calling on Congress to protect the integrity of America’s elections from “persistent threats” from Russia and other bad actors.

DEC CONFIRMS DUTCHESS COUNTY DEER AS FIRST 2022 EPIZOOTIC HEMORRHAGIC DISEASE CASE

 

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Disease is Not Transmissible to Humans; New Yorkers Are Once Again Encouraged to Report Sick or Dead Deer to DEC

 The New York State Department of Environmental Conservation (DEC) today confirmed that a white-tailed deer in the town of Dover Plains, Dutchess County, died recently after contracting Epizootic Hemorrhagic Disease (EHD). This detection marks the first EHD confirmation in New York for 2022. DEC is currently investigating reports of several other dead deer from Dutchess County.

EHD virus is an often-fatal disease of deer that is transmitted by biting midges - small bugs often called no-see-ums or 'punkies.' The disease is not spread directly from deer to deer and humans cannot be infected by deer or bites from midges.

The EHD virus was first confirmed in New York in 2007 with relatively small outbreaks in Albany, Rensselaer, and Niagara counties, and in Rockland County in 2011. In 2020, a large EHD outbreak occurred in the lower Hudson Valley, centered in Putnam and Orange counties, with reports from the public of approximately 1,500 dead deer. In 2021 the outbreak shifted and DEC received more than 2,000 reports of dead deer primarily in Ulster, Dutchess, Columbia, Oswego, and Jefferson counties.

Once infected with EHD, deer usually die within 36 hours. EHD outbreaks are most common in the late summer and early fall when midges are abundant. Symptoms include fever, hemorrhage in muscle or organs, and swelling of the head, neck, tongue, and lips. A deer infected with EHD may appear lame or dehydrated. Frequently, infected deer will seek out water sources and many succumb near a water source. There is no treatment or means to prevent EHD. The dead deer do not serve as a source of infection for other animals.

EHD outbreaks do not have a significant long-term impact on deer populations, but deer mortality can be intense in small geographic areas. EHD is endemic in the southern states where there are annual outbreaks, so some southern deer have developed immunity. In the northeast, EHD outbreaks occur sporadically and deer in New York have no immunity to this virus. Consequently, most EHD-infected deer in New York are expected to die. In the north, the first hard frost kills the midges that transmit the disease, ending the EHD outbreak.

Sightings of sick or dying deer should be reported online or to the nearest DEC Regional Office or Environmental Conservation Police OfficerMore information about EHD and a link for public reporting of deer with EHD symptoms is at https://www.dec.ny.gov/animals/123773.html. DEC may collect samples from deer and analyze data from deer reports to determine the extent of the outbreak.

For more information, visit Cornell University's Wildlife Health Lab website.