This Labor Day, our work is far from over.

Happy Labor Day!

Today, we honor workers across the country, and all who have advocated for worker’s rights.

In the 118 years since the first Labor Day, generations of workers have organized and fought relentlessly for their rights. Their fight created workplace protections for all Americans that created safer working conditions, better working hours, and fair pay.

But our work is far from over.

Too many of our neighbors still lack basic benefits like paid sick leave and family leave — which is critical, especially during a pandemic.

That’s why my colleagues and I are fighting to expand labor rights and protect good working conditions for all.

That looks like fighting for a livable wage, passing the PRO Act to protect the right of unions to organize, enshrining paid family leave, taxing excessive CEO pay, and much more.

So today, and everyday, I am proud to represent the working families of the South Bronx, and I am committed to the success of America's workers. It's clear that when working families succeed, we all succeed.

Have a safe and wonderful Labor Day.

Congressman Ritchie Torres

Permits Filed For 2838-2840 Webb Avenue In Kingsbridge, The Bronx

 

Permits have been filed for two four-story residential buildings at 2838-2840 Webb Avenue in Kingsbridge, The Bronx. Located between West 197th Street and Reservoir Avenue, the lots are near the Kingsbridge Road subway station, serviced by the 4 train. Eric Delafraz under the Webb Avenue 1 LLC is listed as the owner behind both applications.

The proposed 37-foot-tall developments will yield 5,693 square feet for residential space at 2838 Webb Avenue and 5,248 square feet designated for residential space at 2840 Webb Avenue. The buildings will each have eight residences, most likely rentals based on the average unit scope ranging from 656 to 711 square feet. The masonry-based structures will also have cellars and 37-foot-long rear yards.

Badaly Architects is listed as the architect of record.

Demolition permits will likely not be needed as the lots are vacant. An estimated completion date has not been announced.

Bayer Corp. to Pay $40 Million to Resolve Alleged use of Kickbacks and False Statements Relating to Three Drugs

 

 Bayer Corp., an Indiana corporation and manufacturer of pharmaceutical products, and its related entities, Bayer HealthCare Pharmaceuticals Inc., Bayer HealthCare LLC, and Bayer AG (collectively “Bayer”), have agreed to pay $40 million to resolve alleged violations of the False Claims Act in connection with the drugs Trasylol, Avelox, and Baycol. 

The settlement announced today arose from two “whistleblower” lawsuits filed and pursued by a former employee of Bayer who worked in its marketing department. 

In a lawsuit filed in the District of New Jersey, the employee, Laurie Simpson, alleged that Bayer paid kickbacks to hospitals and physicians to induce them to utilize the drugs Trasylol and Avelox, and also marketed these drugs for off-label uses that were not reasonable and necessary. Simpson further alleged that Bayer downplayed the safety risks of Trasylol. The lawsuit alleged that as a result of this conduct Bayer caused the submission of false claims to the Medicare and Medicaid programs and violated the laws of 20 states and the District of Columbia.  Trasylol is a drug used to control bleeding in certain heart surgeries. Avelox is an antibiotic approved to treat certain strains of bacteria.

Simpson filed a second lawsuit relating to Bayer’s statin drug, Baycol, which was later transferred to the District of Minnesota. That lawsuit alleged that Bayer knew about, but downplayed, Baycol’s risks of causing a serious syndrome that results from the death of muscle fibers and the release of their contents into the bloodstream. The lawsuit further alleged that Bayer misrepresented the efficacy of Baycol when compared to other statins and fraudulently induced the Defense Logistics Agency to renew certain contracts relating to Baycol. Subsequently, Trasylol and Baycol were withdrawn from the market for safety reasons. 

“As alleged in the complaints, Bayer – one of the largest pharmaceutical companies in the world – engaged in a series of unlawful acts, including paying kickbacks to doctors and hospitals, marketing them off-label, and downplaying their safety risks,” U.S. Attorney Philip R. Sellinger, District of New Jersey, said. “This resolution should send a message to the pharmaceutical industry that such conduct undermines the integrity of federal health care programs and jeopardizes patient safety. This settlement reflects the importance of the whistleblower’s role in litigating False Claims Act actions on behalf of the United States, and we thank Ms. Simpson and her counsel for stepping forward and pursuing this case to conclusion.”

“Ms. Simpson diligently pursued this matter for almost two decades,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “Today’s recovery highlights the critical role that whistleblowers play in the effective use of the False Claims Act to combat fraud in federal healthcare programs.”

“We recognize Ms. Simpson for her perseverance with this matter,” said U.S. Attorney Andrew M. Luger, District of Minnesota, said. “We are pleased we were able to work with the parties to facilitate this resolution and help bring this longstanding matter to a close.”

Under the terms of the settlement, Bayer will pay $38.9 million to the United States and $1.14 million to the 20 states and the District of Columbia.

The two actions resolved by the settlement were brought under the qui tam or whistleblower provisions of the False Claims Act, which permit private citizens to bring suit on behalf of the government for false claims and share in any recovery. The United States may intervene in the action or, as in this case, the whistleblower may proceed with the matter. Ms. Simpson will receive $11 million from the proceeds of the settlement. 

The resolution obtained in this matter was supported by a coordinated effort between the U.S. Attorney’s Office in the District of New Jersey, the Department of Justice Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office in the District of Minnesota.

The government is represented by Assistant U.S. Attorney Kruti D. Dharia of the District of New Jersey’s Opioid Abuse Prevention and Enforcement Unit, Senior Trial Counsel Sanjay M. Bhambhani of the Civil Division’s Commercial Litigation Branch, Fraud Section, and First Assistant U.S. Attorney Ann M. Bildtsen of the District of Minnesota.

The cases are captioned United States ex rel. Simpson v. Bayer Corp. Civ. No. 05-cv-3895 (D.N.J.), and United States ex rel. Simpson v. Bayer Corp., Civ. No. 08-cv-5758 (D.Minn).

The claims settled by this agreement are allegations only, and there has been no admission of liability.

New Jersey Man Pleads Guilty to Assaulting Officers With a Dangerous Weapon During Jan. 6 Capitol Breach

 

Defendant Sprayed Officers With a Chemical Substance

 A New Jersey man pleaded guilty to two felony charges for assaulting law enforcement officers with a dangerous weapon – pepper spray – causing bodily injury to the officers during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

Julian Elie Khater, 33, of Somerset, New Jersey, pleaded guilty in the District of Columbia to two counts of assaulting, resisting, or impeding officers with a dangerous weapon.

According to court documents, Khater and a co-defendant -- George Pierre Tanios – traveled together to Washington, D.C. on Jan. 6, 2021. Prior to the trip, Tanios purchased two cannisters of bear spray and two cannisters of pepper spray. He provided one cannister of pepper spray to Khater prior to arriving in Washington. On Jan. 6, the two men attended a rally near the Ellipse and then headed towards the Capitol, where they joined others in a mob illegally on the grounds.

Khater then walked through the crowd to within a few steps of a bike rack barrier being used by a line of law enforcement officers attempting to secure the Capitol and its grounds. Khater stood directly across from officers. At 2:23 p.m., people in the mob began pulling on the bike rack barrier using ropes and their hands to pull the rack away. Seconds later, from less than eight feet away, Khater sprayed pepper spray from a cannister in his right hand at the officers. He first sprayed a U.S. Capitol Police Officer, identified in court documents as “Officer B.S.,” in the face. That officer then turned his head away and retreated from the police line.

Khater continued to deploy the spray, advancing towards another Capitol Police officer, identified in court documents as “Officer C.E.,” and spraying her directly in the eyes from only a few feet away. She dropped her head and retreated, requiring the assistance of another officer because she was unable to see. Khater then sprayed a Metropolitan Police Department officer, identified in court documents as “Officer D.C.,” directly in the face. That officer also immediately retreated from the line. All three officers suffered bodily injury from the pepper spray attack and were incapacitated and unable to perform their duties.

Khater and Tanios were arrested on March 14, 2021. Tanios, 42, of Morgantown, West Virginia, pleaded guilty in the District of Columbia on July 27, 2022, to entering and remaining in a restricted building or grounds and disorderly and disruptive conduct in a restricted building or grounds. The charges carry a combined statutory maximum of two years in prison and potential financial penalties. Tanios is to be sentenced on Dec. 6, 2022.

Khater is to be sentenced on Dec. 13, 2022. He faces a statutory maximum of 20 years in prison on each of the two counts of assaulting, resisting, or impeding officers with a dangerous weapon. The charges also carry potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

In the 19 months since Jan. 6, 2021, more than 860 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 260 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

DEC ENCOURAGES NEW HUNTERS AND TRAPPERS TO REGISTER FOR HUNTING AND TRAPPING EDUCATION COURSES

 

Training in Safe Handling of Firearms and Hunting Ethics Required before Purchasing a Hunting License

 The New York State Department of Environmental Conservation (DEC) today reminded all new hunters and trappers planning to go afield this season that they must first complete a mandatory hunter, bowhunter, or trapper education course before obtaining the appropriate sporting license or hunting privilege. In-person, instructor-led hunter education courses are being offered throughout New York during September and October. Bowhunter education, trapper education, and waterfowl hunter education courses are also available, and all in-person courses are free and offer hands-on experience.

"DEC's Hunter Education Program has a long and proud tradition of training new hunters and trappers annually, creating safe hunting opportunities for more than half a million New York sportsmen and sportswomen," said Commissioner Seggos. “Since 1949, DEC works closely with certified volunteer instructors to teach new outdoor enthusiasts how to be safe, responsible, and ethical hunters and trappers. As a result, hunting continues to be a safe and enjoyable sport and we thank the dedicated volunteer instructors who provide their expertise and support to deliver this important program. I encourage all prospective hunters and trappers to sign up for one of the dozens of courses offered across New York State."

With hunting licenses now on sale, first-time hunters and trappers are encouraged to sign up for certification courses soon to reserve a spot, as these courses can fill quickly. Each year, thousands of New Yorkers take DEC's hunter and trapper education courses. DEC's online registration system makes it easy to view a list of all available courses. To locate a hunter or trapper education course, visit DEC's website or contact a local DEC office for assistance.

All in-person courses require students to review course materials and complete homework prior to attending the classroom and field session. The homework portion of the course introduces the subject and enhances understanding of the course material. Proof of the completed homework is required to attend the in-person part of the course. Students should register for the course well in advance of the course date to allow time to complete the homework requirement, which takes approximately three hours. All in-person courses will require successful completion of an in-person field day to earn certification for the course.

The homework materials can be found on DEC's website. Students may also follow the guidelines listed in the course announcement when registering for a course. For those with restricted access to the internet, course manuals, and homework sheets are always available from DEC wildlife offices and Hunter Education Program instructors.

Education Courses Produce Hunter Safety Results 

New York's hunter education courses are highly effective in fostering safe hunters. Approximately 500,000 licensed hunters spend an estimated 10 to 15 million days afield each year. Reports on the number of hunting-related shooting incidents indicate that the 2021 hunting seasons in New York were the safest ever, with the lowest number of hunting-related shooting incidents since record-keeping began. DEC Environmental Conservation Police Officers investigated nine hunting-related shooting incidents in 2021, including one fatality, the lowest number on record since DEC began compiling hunting-related shooting statistics in 1958. These low numbers are achieved through training and the regulations governing hunting activities in New York State.  

DEC's Hunter Education Program is designed to teach and promote safe and effective hunting principles, practices and strategies. More information about DEC’s Hunter Education Program can be found on DEC's website.

New Gun Safety Requirements

New York State recently adopted new requirements for the purchase and transfer of ownership of semi-automatic rifles and the purchase, possession, storage, and transport of firearms and ammunition in New York. See DEC’s Frequently Asked Questions Regarding Recent Changes to New York State Firearm Laws and additional detail and further guidance, Questions and Answers Regarding Impacts to Hunting and Hunting-Related Activities from Recent Changes to New York State Firearm Laws, on DEC’s hunting website at https://www.dec.ny.gov/outdoor/hunting.html. More information about gun safety in New York State can be found at https://gunsafety.ny.gov/.

NYC PUBLIC ADVOCATE'S STATEMENT ON ARSENIC DETECTED IN THE WATER AT JACOB RIIS HOUSES

 

“Friday afternoon my office was at Jacob Riis Houses to unveil a damning report showing How the Other Half Lives in Public Housing, to condemn how infuriatingly pervasive unsafe, unlivable housing conditions have been in New York City since Jacob Riis himself revealed them in the city’s tenements over a century ago. Less than 12 hours later, that complex would become the clearest – or cloudiest – example yet of how NYCHA has failed in its obligation to provide safe, quality housing that tenants deserve, and are paying for. When we spoke to tenants on the ground, before the arsenic levels were public, they were already angry and exhausted. This news exponentially compounds that city-sanctioned suffering. 

“Our report in part highlighted the hazards of constant water outages at NYCHA complexes – but the systemic failures within that agency run so deep that now, in this case, the water itself is dangerous. NYCHA’s failure to react quickly enough to reported water issues – or provide a safe alternative water supply until now, is emblematic of their patterns of inadequate preparation and response. NYCHA has long been the city’s worst landlord, and no one can truly be surprised by these revelations anymore, but they are still shocking and enraging. This is not all about funding – this is a clear indictment of longstanding and ongoing mismanagement. There are no excuses anymore.”

Governor Hochul Announces Nearly $114 Million in Federal and State Funding to Create First-In-Class Battery-NY Center at Binghamton University

 Federal Build Back Better and State Funds Will Help Construct Battery Technology and Manufacturing Facility Supporting the Domestic Innovation and Commercialization of Next-Generation Battery Production

Strategic Investments Further Establish Southern Tier Region as National Hub for Growing Energy Storage Industry and Advance New Energy New York Initiative

Federal And NYS Investments Complement "Southern Tier Soaring" — The Region's Comprehensive Strategy to Revitalize Communities and Grow the Economy

 Governor Kathy Hochul today announced Binghamton University will receive a combined investment of $113.7 million to support the creation of Battery-NY, a cutting-edge technology development, manufacturing, and commercialization energy storage hub. In addition to $50 million in state funding first announced by Governor Hochul in her 2022 State of the State address, Binghamton University was selected by the U.S. Commerce Department's Economic Development Administration to receive $63.7 million in federal funding from the American Rescue Plan's Build Back Better Regional Challenge, a national competition that is providing transformative investments to develop and strengthen regional industry clusters across the country, that also enhance economic equity, create good-paying jobs, and further the United States' global competitiveness. Binghamton University was one of 21 chosen out of more than 500 applications originally which were narrowed to sixty applicants in round two of the challenge. Yesterday, Governor Hochul announced Western New York was awarded $25 million to spark local innovation, strengthen inclusive workforce development programs, and develop needed infrastructure in region.    

"I congratulate Binghamton University on securing this critical funding through the the Biden administration's Build Back Better initiative," Governor Hochul said. "We remain laser-focused on strengthening New York's world-class education, with Binghamton University playing a key role in building the next generation of New York's clean energy industry. Combined with our multi-million-dollar state investment, this funding will help Binghamton University establish this state-of-the-art facility by advancing innovative research and bolstering New York's commitment to renewable energy -- creating a cleaner, more resilient future for all New Yorkers."   

The combined funding will enable Binghamton University to establish Battery-NY at the Huron campus. In her State of the State address in January, Governor Hochul prioritized the creation of a cutting-edge next generation research & development, testing and small-scale manufacturing facility that will focus on the research, development, manufacturing, and commercialization of the next generation of batteries. The investments support the broader New Energy New York (NENY) initiative, whose goal is to create a National Hub for Battery Innovation and Manufacturing. The state's investment will be funded through the Upstate Revitalization Initiative to further support the Southern Tier's growing battery manufacturing industry.   

Led by Distinguished Professor and 2019 Nobel Prize Winner M. Stanley Whittingham, and Binghamton Associate Vice President Per Stromhaug, Binghamton University's Battery-NY will research and develop next generation batteries and other clean energy technologies that have the potential to transform the transportation, military and energy sectors. The center will also help establish a robust manufacturing infrastructure within the Southern Tier capable of supporting multiple industries and their supply chains, leading the creation of thousands of good-paying advanced manufacturing jobs over the next decade.    

With the funding now secured for this advanced technology project, work is expected to get underway this fall, with the facility targeted to open sometime in the next two years. The total project cost as been placed at $122 million.  

In her 2022 State of the State address, Governor Hochul outlined New York's ambitious plan to grow the state's clean energy economy. In addition to creating Battery-NY, Governor Hochul committed to double New York's energy storage deployment goals from 3 Gigawatts to at least 6 Gigawatts by 2030, establish the state as a Green Hydrogen Hub, and to invest $1 billion to advance New York's Electric Vehicle industry.   

U.S. Attorney Announces Extradition Of Two Defendants Charged With Bribing High-Level Officials Of The Republic Of The Marshall Islands

 

Defendants Allegedly Conspired to and did Bribe Legislators in the Republic of the Marshall Islands

 Damian Williams, the United States Attorney for the Southern District of New York, Kenneth A. Polite, Jr., Assistant Attorney General for the Criminal Division of the U.S. Department of Justice, and Michael J. Driscoll, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an Indictment charging CARY YAN, a/k/a “Hong Hui Yan,” a/k/a “Chen Hong,” and GINA ZHOU, a/k/a “Chaoting Zhou,” a/k/a “Angel Zhou,” with engaging in a multi-year scheme to bribe government officials in the Republic of the Marshall Islands (the “RMI”) to pass certain legislation that would benefit the business interests of YAN, ZHOU, and their associates.  YAN and ZHOU are charged with violations of the Foreign Corrupt Practices Act (“FCPA”), money laundering, and conspiracy to commit both.  YAN and ZHOU were arrested in Thailand on November 16, 2020, were extradited from Thailand, and arrived in this District Friday.  YAN and ZHOU are expected to be presented on Tuesday.  The case is assigned to District Judge Naomi Reice Buchwald.

U.S. Attorney Damian Williams said:  “As alleged, Cary Yan and Gina Zhou’s bribery scheme was designed to influence and manipulate the legislative process of the Republic of the Marshall Islands in order to benefit themselves and their associates financially.  Yan and Zhou’s bribes blatantly flouted the sovereignty of the Republic of the Marshall Islands and its legislature, and the dedicated investigative work carried out by this Office and our partners signals that the Southern District of New York will not tolerate those who violate the integrity of democratic processes.”

Assistant Attorney General Kenneth A. Polite, Jr. said:  “Yan and Zhou allegedly engaged in a multi-year scheme to bribe elected officials in the Marshall Islands and to corrupt the legislative process.  The department is committed to prosecuting individuals who participate in international corruption and undermine the integrity of democratic institutions and the free marketplace.”

FBI Assistant Director Michael J. Driscoll said:  “As alleged, the defendants conducted multiple illegal activities to benefit their personal interests at the expense of the people of the Marshall Islands.  The FBI, along with our global law enforcement partners, is committed to bringing to justice those who seek to use corruption and fraud as a means of doing business - regardless of where in the world they are located.”

According to the Indictment unsealed today in Manhattan federal court and publicly-available information:[1]

CARY YAN and GINA ZHOU, acting as officers, directors, employees, and agents of a New York City-based non-governmental organization (the “NGO”) and while in New York City and other locations in the territory of the United States, participated in a scheme to offer and pay bribes to government officials in the RMI to pass legislation that would benefit the business interests of YAN, ZHOU, and their associates.  From at least in or about 2016 through at least in or about 2019, YAN was and held himself out to be the President and Chairman of the NGO, and ZHOU was and held herself out to be the assistant to the President and Chairman of the NGO. 

Beginning at least as early as in or about December 2016, YAN and ZHOU began communicating and meeting with RMI officials in both New York City and the RMI concerning the development of a semi-autonomous region within a part of the RMI known as the Rongelap Atoll.  The creation of the proposed semi-autonomous region was intended by YAN, ZHOU, and those associated with them to obtain business by, among other things, allowing the NGO, YAN, and ZHOU to attract investors to participate in economic and social development projects that YAN, ZHOU, and others promised would occur in the semi-autonomous region.

In or about April 2018, YAN and ZHOU caused the NGO to host a conference in Hong Kong that was attended by, among others, RMI officials.  The purpose of the conference was to publicly launch an initiative to establish the so-called Rongelap Atoll Special Administrative Region (the “RASAR”), also known as the Rongelap Special Economic Zone or Rongelap Atoll Digital Special Economic Zone, among other names.  As proposed by YAN and ZHOU, the RASAR would be created by legislation (the “RASAR Bill”) that, if enacted by the RMI legislature, would significantly change the laws on the Rongelap Atoll to attract foreign businesses and investors, such as by lowering or eliminating taxation and relaxing immigration regulations.  YAN planned to use the RASAR to, among other things, attract investors and customers to businesses that he would operate in the RASAR, in whole or in part through the NGO.  A number of RMI officials attended the April 2018 conference, including certain members of the RMI legislature with the ability to vote on the RASAR Bill if and when it was introduced.  The NGO paid for the travel of those officials to Hong Kong and for their accommodations and entertainment while there. 

In or about mid-August 2018, certain RMI legislators officially introduced the RASAR Bill.  Starting before that date, and continuing until at least on or about November 1, 2018, YAN and ZHOU offered and provided a series of cash bribes and other incentives to obtain the support of RMI legislators for the RASAR Bill.

On or about November 18, 2019, the RMI held elections for the legislature.  As a result of these elections, on or about January 13, 2020, the then-President of the RMI left office.  Shortly thereafter, YAN and ZHOU began emailing and meeting with certain RMI officials to continue their plan to create the RASAR.  In or about late February 2020, the RMI legislature began considering a resolution that would endorse the concept of the RASAR (the “RASAR Resolution”), a preliminary step that would allow the RMI legislature to enact the more detailed RASAR Bill at a later date. 

On or about March 7, 2020, YAN and ZHOU met with a close relative (the “Relative”) of a member of the RMI legislature in the RMI (“Official-3”).  During the meeting, YAN and ZHOU gave the Relative $7,000 in cash to pass on to Official-3, specifying that this money would be used to induce and influence other RMI legislators to support the RASAR Resolution.  YAN and ZHOU further stated, in sum, that they knew that Official-3 needed more than $7,000 for this purpose and that YAN and ZHOU would soon obtain additional cash for Official-3.  YAN and ZHOU also discussed having previously brought larger sums of cash into the RMI through the United States and that they planned to do so again in the future.

On or about March 20, 2020, the RMI legislature passed the RASAR Resolution with the support of legislators to whom ZHOU and YAN had provided bribes and other incentives.

YAN, 50, and ZHOU, 34, both of whom have traveled on passports issued by the RMI, are charged with conspiring to violate the FCPA, violating the FCPA, conspiring to commit money laundering, and committing money laundering.  The maximum penalties for these charges are as follows: five years in prison for conspiring to violate the FCPA; five years in prison for each violation of the FCPA; 20 years in prison for conspiring to commit money laundering; and 20 years in prison for committing money laundering. 

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

Mr. Williams praised the outstanding work of the FBI.  Mr. Williams also thanked the Department of Justice, Criminal Division’s Office of International Affairs for their assistance in the extradition of YAN and ZHOU, as well as the U.S. Embassy in Bangkok, the Royal Thai Police, and the Office of the Attorney General of Thailand.

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

[1] As the introductory phrase signifies, the entirety of the Indictment and the descriptions of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.