Governor Hochul Signs Legislation to Protect Nursing Home Residents from Infection and Keep Loved Ones Informed

 

Legislation (S.1785A/A.6052) Requires Nursing Homes to Give Residents, Authorized Family Members and Guardians Timely Notice When an Infection is Detected

Ensures Facilities Have a Plan to Accommodate Exposed or Infected Residents to Stop the Infection from Spreading to Others

 Governor Kathy Hochul today signed legislation that will require residential health care facilities to swiftly update residents as well as their family members and guardians when an infection is detected within the facility. It also requires nursing homes to have a plan in place to accommodate exposed or infected residents to stop the spread of the infection.

"New Yorkers living in nursing homes deserve the highest quality of care, and their families deserve to know that their loved ones are safe," Governor Hochul said. "With this legislation, we will ensure every facility is prepared to protect residents from exposure after an infection is detected, while also improving communication to make sure residents and family members are notified of the situation in a timely manner. This is a critical step to ensure nursing homes are taking the right measures to protect the most vulnerable New Yorkers."

Legislation (S.1785A/A.6052) will expand the existing pandemic emergency plan to improve communication by requiring nursing homes to inform residents and their loved ones of an infection. It will also require facilities to prepare a plan or procedure for accommodations for residents during an infectious disease outbreak, which will help ensure every nursing home is ready and able to effectively place residents in the event of an infection for their safety and the safety of others.

This legislation builds on Governor Hochul's continued efforts to protect residents of long-term care facilities. In December 2021, the Governor signed a package of four pieces of legislation to support long-term care facilities and provide assistance to the system. The legislation directed the Commissioner of Health to implement an infection inspection audit and checklist on nursing homes, enacted a series of reforms to the State Long-Term Care Ombudsman Program and related programs to increase accessibility for residents of nursing homes and residential care facilities, established the "reimagining long-term care task force" to study the state of long-term care services in the state, and directed the Commissioner of Economic Development, in consultation with the Commissioners of Health, Labor and the Office of Children and Family Services to study, develop, and implement a long-term strategy to support the growth of the caregiving industry in New York State. Governor Hochul has also supported investments in the Long-Term Care Ombudsman program, reimbursement for nursing homes, additional funding for staffing as well as capital funding for nursing home transformation, including the promotion of the nursing home green house model, to promote high-quality long-term care for all.

Seven Chilton County Residents Sentenced for Felony Violations of the Animal Welfare Act, Ending One of the Largest Cockfighting Operations in the Country

 

A seventh and final Verbena, Alabama, resident was sentenced yesterday for violating the Animal Welfare Act’s prohibition against animal fighting ventures in connection with an expansive cockfighting operation. This marks the end of a series of sentencings in which the Court held four Alabama residents accountable for their roles in operating a large-scale cockfighting arena (cockfighting pit) and massive fighting-bird breeding businesses, and for conspiring to violate the Animal Welfare Act and to operate an illegal gambling business. The Court determined that the illegal conduct involved animal fighting on an “exceptional scale” and imposed sentences which reflect the unusual cruelty of a business model that relies on the death or injury of thousands of birds for entertainment and profit.

The court issued the following sentences for four defendants who pleaded guilty to multiple felonies on August 5:

• On Dec. 6, George William “Billy” Easterling, 56, was sentenced to 22 months in prison followed by one year of supervised release for violating the Animal Welfare Act’s prohibition against animal fighting and for conspiring with others to violate the Act in connection with the cockfighting pit and the Swift Creek Gamefarm fighting-bird breeding operation.

• On Nov. 30, Brent Colon Easterling, 38, was sentenced to 24 months in prison followed by one year of supervised release for violating the Animal Welfare Act’s prohibition against animal fighting and for conspiring with others to violate the Act in connection with the cockfighting pit and the L&L Gamefarm fighting-bird breeding operation.

• On Nov. 30, William “Tyler” Easterling, 30, was sentenced to 20 months in prison followed by one year of supervised release for violating the Animal Welfare Act’s prohibition against animal fighting and for conspiring with others to violate the Act in connection with the cockfighting pit and the Swift Creek Gamefarm fighting-bird breeding operation.

• On Nov. 30, William Colon “Jim” Easterling, 77, was sentenced to two years of home detention — rather than incarceration which the court determined would be “extremely detrimental” to his declining health — and a fine of $8,000 for violating the Animal Welfare Act’s prohibition against animal fighting ventures and for conspiring with others to violate the Act and to operate an illegal gambling business in connection with the cockfighting pit.

 Three other residents of Verbena, Alabama, who are also members of the Easterling family, pleaded guilty on June 3 to conspiring to violate the Animal Welfare Act or to a substantive violation of the Act.  On Oct.13, the following individuals were sentenced:

• Kassi Brook Easterling, 39, was sentenced to two years of probation, including six months of home detention, for conspiring with others to violate the Animal Welfare Act’s prohibition against animal fighting ventures, including the sale of cockfighting knives, and for her involvement with the L&L Gamefarm fighting-bird breeding operation. 

• Amber Nicole Easterling, 25, was sentenced to one year of probation for her involvement with the cockfighting pit. 

• Thomas Glyn “Junior” Williams, 34, was sentenced to one year of probation for his involvement with the cockfighting pit and the Swift Creek Gamefarm fighting-bird breeding operation.

“These sentences demonstrate the importance of enforcing the Animal Welfare Act to ensure the humane treatment of animals and prohibit cruel practices such as cockfighting,” said United States Attorney Sandra Stewart for the Middle District of Alabama.

“As these sentences vividly show, the Department of Justice will continue to hold accountable those who encourage and profit from forcing animals to fight each other for human entertainment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. 

“The U.S. Department of Agriculture Office of Inspector General (USDA-OIG) actively investigates allegations of animal abuse and any associated gambling activities,” said Special Agent in Charge Jason Williams of the USDA-OIG. “This agency has made animal fighting a high priority to demonstrate that these blatant acts of cruelty to animals will not be tolerated. We would like to thank the Justice Department for aggressively prosecuting perpetrators of animal fighting and our federal, state, and local law enforcement partners for assisting in enforcing these federal statutes.”

According to court documents and information in the public record, from at least January 2018 through June 11, 2021, illegal cockfighting events were held at the cockfighting pit, which consisted of an arena with stadium-style seating for approximately 150 people which faced several cockfighting pits and several nearby outbuildings including a merchandise stand. The illegal derbies involved a series of cockfights in which at least two or more roosters fought each other, each with a sharp blade attached to its leg. These fights were conducted for the purpose of sport, wagering, and entertainment. Participants were charged expensive fees to enter their birds in the derbies – such as $1,500 to fight seven roosters – and told what weapons to strap to the roosters’ legs, such as short knives, long knives, or spurs. Consistent with his plea agreement, William Colon Easterling dismantled and destroyed the entire cockfighting arena and associated outbuildings.

Near the cockfighting pit, members of the Easterling family ran two large fighting-bird breeding businesses known as Swift Creek Gamefarm and L&L Gamefarm at which thousands of birds were bred and sold to be used in fights between two or more birds for the purposes of sport, wagering, or entertainment. 

Combined, the seven convicted members of the Easterling family helped run one of the largest cockfighting enterprises in the country. With the help of six of his family members, Jim Easterling owned and operated the cockfighting pit for many years, even enlisting his granddaughter, Amber Easterling, to sell weapons used to kill birds in cockfights at the merchandise stand. Brent Easterling was one of the most widely known fighting-bird breeders in the country, running L&L Gamefarm with his wife Kassi Easterling and charging $1,500 for three chickens because they were birds of select fighting pedigrees. Brent Easterling also promoted the cockfights at his father’s, Jim, cockfighting pit. Tyler Easterling helped his father, Billy Easterling, operate a vast fighting-bird breeding business known as Swift Creek Gamefarm where they employed their in-law, Junior Williams, and others to help maintain and ship fighting birds. Tyler Easterling also promoted several cockfights at his grandfather’s, Jim, cockfighting pit.

The USDA-OIG and Homeland Security Investigations investigated the case with assistance from the U.S. Postal Inspection Service. The Alabama Law Enforcement Agency and the Greenville County Sheriff’s Office in South Carolina provided invaluable assistance to federal law enforcement officers.

Bully Hard Gang Member Charged With Murder Of A Minor Victim In Poughkeepsie

 

Elijah Bermudez, a/k/a “Quiet,” Charged With The Murder of a Minor Victim in the Vicinity of Charles Street in Poughkeepsie on June 20, 2020

 Damian Williams, the United States Attorney for the Southern District of New York, William Grady, the District Attorney for Dutchess County, and Michael J. Driscoll, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced the filing of a superseding Indictment charging ELIJAH BERMUDEZ, a/k/a “Quiet,” with murder in aid of racketeering, the use of a firearm resulting in death, racketeering conspiracy, and illegal possession of ammunition, for the June 20, 2020, murder of a minor victim in the vicinity of Charles Street in Poughkeepsie, New York, in furtherance of BERMUDEZ’s participation in the Bully Hard Hunna Blood (“Bully Hard”) racketeering conspiracy.

U.S. Attorney Damian Williams said:  Gangs like Bully Hard reward violence with promotions within the group, which often leads to tragic deaths, including the minor victim in this case.  We hope this investigation and prosecution brings some measure of closure to the family of Bermudez’s alleged victim.”

Dutchess County Chief Assistant District Attorney Matthew Weishaupt said: “Our office has worked for many years with our partners in the United States Attorney’s Office for the Southern District of New York when the federal system brings an advantage in evidentiary matters, resources, or sentencing options.  We will continue to work collaboratively to eradicate the scourge of ongoing violence within our communities.  We remain focused on making our communities a safer place for everyone through our continued joint efforts.

We extend thanks to all the law enforcement agencies who diligently pursued this investigation and brought it to a successful outcome. We also thank the Assistant United States Attorneys who were assigned to this case for their diligent work and effort through the investigative process.”

FBI Assistant Director in Charge Michael J. Driscoll said: "As alleged, the defendant callously took the life of a minor as a member of a violent street gang.  The FBI's Westchester County Safe Streets Task Force and our law enforcement partners are committed to ensuring the safety of our communities.  Violent actors will be held accountable for their wanton behavior in our criminal justice system."

According to allegations in the Indictment unsealed in White Plains federal court:[1]

BERMUDEZ was a member or associate of a racketeering enterprise known as Bully Hard, a criminal organization whose members and associates engaged in, among other things, murder, robberies, narcotics trafficking, and fraud. 

On June 20, 2020, BERMUDEZ murdered a minor victim in the vicinity of Charles Street in Poughkeepsie, New York, in furtherance of his membership in the Bully Hard racketeering enterprise. 

BERMUDEZ, 29, of New York, New York, is charged with one count of murder in aid of racketeering, which carries a maximum sentence of death or life in prison and a mandatory minimum sentence of life in prison; one count of racketeering conspiracy, which carries a maximum sentence of life in prison; one count of murder through the use of a firearm, which carries a maximum sentence of death or life in prison and a mandatory minimum sentence of five years in prison; and one count of being a felon in possession of ammunition, which carries a maximum sentence of 10 years in prison.    

The minimum and 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 FBI Westchester County Safe Streets Task Force, which is comprised of special agents and task force officers from the FBI, US Probation, New York State Police, New York State Department of Corrections and Community Supervision, Westchester County DAs Office, Putnam County Sheriff's Office, Rockland DAs Office and the New York City, Westchester County, Yonkers, New Rochelle, Mount Vernon, Greenburgh, White Plains, Peekskill, Ramapo, and Clarkstown Police Departments.

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 text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

City Agencies Face 20+ Percent Vacancy in Critical Positions

 

NYC Comptroller sounds the alarm on vacancies in essential functions and charts a path to hire and retain a public workforce that can deliver the services New Yorkers need

New York City Comptroller Brad Lander released Title Vacant, a snapshot of the latest City agency workforce data and the impact of high vacancy rates on essential city services. Post-pandemic shifts in the labor market as well as decisions made by City Hall under the previous and current administration accelerated a national trend in declining public workforce. Seven large mayoral agencies have vacancy rates above 20%, and departments within agencies that provide essential services, such as inspecting buildings or administering childhood public assistance have vacancy rates between 29% and 46%.

“From building inspectors who address dangerous conditions, to tech workers who prevent cyberattacks, to social workers who support children’s wellbeing, vacancies in City agencies are putting our city at risk,” said Comptroller Brad Lander. “Right-sizing the City workforce to meet our budget needs can and must be done with a more strategic eye toward protecting essential services for New Yorkers.”

The overall city workforce vacancy rate is at 7.9%, driven by relatively low vacancy rates at uniformed and pedagogical services, with Fire at 2.2% vacant, Police at 5%, and Education at 7.4%. However, the 35 mayoral agencies with a headcount over 100 have a vacancy rate of 14.9%.

The Department of Buildings (DOB), the largest agency with a greater-than 20% percent vacancy rate, has a vacancy rate of 22.7% with 437 unfilled, full-time positions. DOB is responsible for inspecting critical infrastructure for over a million structures, but of the 500 budgeted positions devoted to inspections, the agency only employs 355 (29% vacant). Many other critical agencies have vacancy rates far above the average, including Small Business Services (32%), the Commission on Human Rights (32%), City Planning (22.3%), the Department of Social Services (20%), Housing Preservation and Development (18.2%), and the Department of Finance (18.1%).

The Comptroller recommends measures to accelerate hiring, improve retention, and right-size the workforce more strategically to advance the City’s ability to deliver high-quality services to all New Yorkers:

1. Expedite hiring for approved positions;

2. Allow agencies to hire within their budgets at salaries within the range, rather than the minimum posted;

3. Analyze pay and other barriers in hard-to-recruit or retain positions;

4. Report hiring outcomes for transparency;

5. Instruct agencies to plan for attrition over longer-term cycles;

6. Allow hybrid work in appropriate titles;

7. Create new technology civil service titles;

8. Share talent among agencies;

9. Appoint a Chief Talent Officer.

Comptroller Lander continued, “The greatest city in the world attracts talent from everywhere, so it’s only right that its local government should also recruit and retain the best. These measures should jumpstart our shared efforts to confront the workforce challenge our city faces to deliver on-budget, on-time services.”

Previously, Comptroller Lander expressed his concerns about the Office of Management and Budget (OMB) directives on vacancies and hiring. Read his November 21st statement and his September 16th letter.

OASAS AND OMH ANNOUNCE FUNDING TO HELP NEW YORKERS ACCESS INSURANCE COVERAGE FOR SUBSTANCE USE AND MENTAL HEALTHCARE

 

Expansion of NYS Behavioral Health Ombudsman Program Will Educate Families and Individuals on Their Insurance Rights and Help When They Are Denied Coverage

The New York State Office of Addiction Services and Supports (OASAS), and the Office of Mental Health (OMH) today announced awards totaling up to $320,000 for four community-based organizations to help educate the public on their rights and access to insurance coverage for behavioral health issues. The awards were issued through the Community Health Access to Addiction and Mental Healthcare Project (CHAMP). 

Established in the 2018-2019 New York State Budget, CHAMP was created to increase access to substance use and mental health care by assisting individuals in maximizing use of insurance benefits.

OASAS Commissioner Chinazo Cunningham said, “CHAMP helps individuals and families access the treatment and services they need without the stress of having to navigate the complicated insurance system on their own. Providing this support is critical to helping remove barriers to accessing life-saving services.”

OMH Commissioner Dr. Ann Sullivan said, “About 1 in 5 New Yorkers require behavioral health services, and often many do not receive treatment because of stigma and other barriers to treatment. This can be a matter of life and death, and the Behavioral Health Ombudsman Program helps to improve access to insurance coverage for substance use disorder and mental health services.”

Providers receiving funding will help to raise awareness about the CHAMP program, advise clients how to secure payment and authorization from a health insurance plan, and provide information about mental health and substance use disorder parity laws and other regulations that protect consumers’ rights.

The following organizations are each receiving up to $80,000 in funding through this initiative:

• AIM Independence will provide education and services in the Southern Tier, with an emphasis on Chemung, Schuyler, and Steuben counties. AIM offers a diverse range of support services, focusing on people with disabilities, the uninsured and underinsured, and those with substance use and/or mental health conditions.
• Andreus will provide education and services in Westchester County. Andreus has a proven record of providing a full continuum of care for expectant mothers, children and young adults with mental health and substance use issues, with a focus on health equity.
• Phoenix House will provide education and services in New York City for low-income and uninsured individuals with a substance use or mental health condition, or in recovery. Phoenix House has a robust peer-outreach infrastructure of professionals with lived experience that has been leveraged for community outreach and engagement.
• Second Chance Opportunities (SCO) will provide education and services in the Capital District region. SCO employs individuals with lived experience who work collaboratively with local communities to help individuals and families access many services, including treatment, and recovery supports, for individuals with mental health and substance use conditions.

Since its inception, CHAMP has helped over 5,000 New Yorkers with insurance eligibility, accessing care, and overcoming high costs of care, as well as assisting with insurance denials and other administrative barriers pertaining to insurance coverage.

To continue to address issues with insurance access, CHAMP works with a network of specialists and community-based organization partners and operates a live-answer helpline. The CHAMP Helpline at is available at 888-614-5400 Monday through Friday from 9 am to 4pm. Help can also be accessed by emailing Ombuds@oasas.ny.gov.

The New York State Office of Addiction Services and Supports oversees one of the nation’s largest substance use disorder systems of care with approximately 1,700 prevention, treatment and recovery programs serving over 680,000 individuals per year. This includes the direct operation of 12 Addiction Treatment Centers where our doctors, nurses, and clinical staff provide inpatient and residential services to approximately 8,000 individuals per year. 

New Yorkers struggling with an addiction, or whose loved ones are struggling, can find help and hope by calling the state’s toll-free, 24-hour, 7-day-a-week HOPEline at 1-877-8-HOPENY (1-877-846-7369) or by texting HOPENY (Short Code 467369). 

Available addiction treatment including crisis/detox, inpatient, residential, or outpatient care can be found using the NYS OASAS Treatment Availability Dashboard at FindAddictionTreatment.ny.gov or through the NYS OASAS website. 

PPNA Holiday Season Toy Giveaway !

 

On Saturday Dec. 17 starting  at  12 noon The PPNA  will be partnering  with Pelham Parkway Vision Center  at 731 Lydig Avenue to host  our annual Holiday  Toy giveaway  to  the  community. Including  photos  with  Santa. Each child will receive one  gift  accompanied   by  an adult  or  guardian. Join us as we celebrate the  holidays  and  give out free toys to the children in the neighborhood.! 

Statement from Attorney General James on Guilty Verdict for Trump Organization

 

New York Attorney General Letitia James today released the following statement regarding the guilty verdict handed down by the jury in the case against the Trump Corporation and the Trump Payroll Corporation — together doing business as the Trump Organization brought by Manhattan District Attorney Alvin Bragg:

“We can have no tolerance for individuals or organizations that violate our laws to line their pockets. I commend Manhattan District Attorney Alvin Bragg and his team for their successful prosecution of the Trump Organization, and I was proud to assist in this important case. This verdict sends a clear message that no one, and no organization, is above our laws.”

The Trump Organization was found guilty of: Scheme to Defraud in the First Degree, Conspiracy in the Fourth Degree, Criminal Tax Fraud in the Third Degree, Criminal Tax Fraud in the Fourth Degree, and Falsifying Business Records in the First Degree. The Office of the Attorney General (OAG), under Attorney General James, worked closely with the Manhattan District Attorney’s (DA) Office to investigate and uncover a scheme employed by the Trump Organization to avoid paying taxes. In July 2021, the Trump Corporation and the Trump Payroll Corporation and the Trump Organization Chief Financial Officer (CFO) Allen Weisselberg were indicted for their roles in this tax scheme. Mr. Weisselberg pled guilty to the charges in August 2022.

California Executive Compensation Consultant Sentenced To Prison For Committing Insider Trading

 Damian Williams, the United States Attorney for the Southern District of New York, announced that FRANK GLASSNER, a principal of an executive compensation consulting firm based in Novato, California (the “Consulting Firm”), was sentenced to one year and one day in prison by U.S. District Judge Lewis J. Liman.  Glassner pled guilty on August 19, 2022, to one count of securities fraud in connection with his scheme to commit insider trading based on material, nonpublic information regarding the upcoming public announcement that Kadmon Holdings, Inc. (“Kadmon”) – which GLASSNER and the Consulting Firm were advising – would be acquired by Sanofi, S.A. (“Sanofi”).  

U.S. Attorney Damian Williams said: “With today’s sentence, Frank Glassner must face the consequences of trading on inside information.  This conviction and sentence demonstrates once again that we will continue to vigorously protect the integrity of our markets and hold accountable those who cheat by trading on inside information.”

According to the allegations in the Information, the complaint that was filed in this case, and statements made during court proceedings and filings:

Between July 2021 and September 2021, Kadmon, which, prior to its acquisition by Sanofi, was a publicly-traded biopharmaceutical company traded under the ticker symbol “KDMN” on the NASDAQ, engaged GLASSNER and the Consulting Firm to provide executive compensation consulting services related to a potential acquisition.  In connection with this engagement, GLASSNER had access to material, non-public information, which he misappropriated and, in violation of the duties that he owed to Kadmon, used to trade Kadmon stock and call options between on or about August 3, 2021, and on or about August 23, 2021.  On September 8, 2021, Kadmon publicly announced that it had agreed to be acquired by Sanofi for a per-share price significantly above the share price at which Kadmon was trading.  That day, Kadmon’s share price increased by approximately 71%, and GLASSNER ultimately profited $368,000 on the Kadmon stock and call options he had previously purchased. 

In addition to his prison sentence, GLASSNER, 68, of Novato, California, was ordered to pay forfeiture in the amount of $368,000.

Mr. Williams praised the outstanding work of the Federal Bureau of Investigation.  Mr. Williams further thanked the U.S. Securities and Exchange Commission, which brought a related civil action against GLASSNER.