Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 31, 2023

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing and Treatment

66 Statewide Deaths Reported from January 28 to January 30

 Governor Kathy Hochul today updated New Yorkers on the state's progress combatting COVID-19 and outlined basic steps they can take to protect against the spread of viral respiratory infections during the winter season.

"As we close out the first month of 2023, I urge all New Yorkers to remain vigilant and continue to use all available tools to keep themselves, their loved ones and their communities safe and healthy this year," Governor Hochul said. "Be sure to stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Governor Hochul is urging New Yorkers to take common prevention measures — like staying up to date on vaccines and practicing proper hygiene — to protect from the flu and COVID-19 and reduce the patient burden on local hospitals. The Governor reiterated these basic steps when she updated New Yorkers on the state's winter health preparedness efforts last month.

The New York State Department of Health's weekly flu surveillance report for the week ending January 21, shows influenza remaining widespread throughout the state for a sixteenth consecutive week, with a total of 305,354 positive cases across 61 counties reported to date. The report found that confirmed cases statewide dropped 39 percent, while overall hospitalizations were down 44 percent from the previous week, with the week, at 465 hospitalizations across the state.

Additionally, there were 5 outbreaks in acute care and long-term care facilities, the report determined. There were no influenza-associated pediatric deaths reported this week, leaving the total at eight statewide.

With flu season continuing and infections remaining widespread, Governor Hochul encourages all New Yorkers to get their annual flu vaccine. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system.

The Health Department is continuing its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. For information about flu vaccine clinics, contact the local health department or visit vaccines.gov/find-vaccines/.

Governor Hochul also continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters. Last month, the New York State Department of Health announced new guidance for bivalent COVID-19 booster doses, which are now available for eligible children down to 6 months of age.

The updated boosters are the first to be targeted to the original virus strain and recently circulating variants and are recommended for young New Yorkers and all those eligible. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829 or call 1-800-232-0233 to find nearby locations.

Today's data is summarized briefly below:

• Cases Per 100k - 11.78
• 7-Day Average Cases Per 100k - 15.18
• Test Results Reported - 31,117
• Total Positive - 2,303
• Percent Positive - 6.81%**
• 7-Day Average Percent Positive - 5.77%**
• Patient Hospitalization - 2,657 (-54)
• Patients Newly Admitted - 904*
• Patients in ICU - 288 (-7)
• Patients in ICU with Intubation - 112 (+3)
• Total Discharges - 395,597 (+808)*
• New deaths reported by healthcare facilities through HERDS - 66*
• Total deaths reported by healthcare facilities through HERDS - 61,328*

** Due to the test reporting policy change by the federal Department of Health and Human Services and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

• Total deaths reported to and compiled by the CDC - 77,965

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:

Borough	Saturday,   January   28, 2023	Sunday,   January   29, 2023	Monday,   January   30, 2023
Bronx	6.17%	6.16%	5.70%
Kings	3.83%	3.75%	3.64%
New York	4.92%	4.82%	4.77%
Queens	5.71%	5.63%	5.60%
Richmond	5.12%	5.29%	5.21%

Attorney General James Files Lawsuit to Dissolve Corporation Impersonating Brooklyn Grocery Store

 

Fraudsters Diverted $100,000 from Sahadi’s Wholesale Using Fake Corporation with a Similar Name

AG James Urges New Yorkers and Small Businesses to be Vigilant and file Complaints with Her Office if their Name or Address is being Fraudulently Used

New York Attorney General Letitia James filed a lawsuit to dissolve a fake corporation impersonating the wholesale arm of the Brooklyn grocery store, Sahadi’s. The Office of the Attorney General (OAG) learned that fraudsters diverted nearly $100,000 from Sahadi’s Fine Foods by creating a corporation with a similar name and the same address. This fraud is part of a trend in which scammers are stealing New Yorkers’ names and addresses to create fake corporations or corporations with similar names to legitimate ones, which could allow them to open credit cards, take out bank loans, and illegally collect tax refunds. The OAG has received complaints from New Yorkers who have received mail to their homes for businesses they are not affiliated with. Attorney General James encourages New Yorkers and small businesses who believe they are a victim of this fraud to report it online to her office.

“Fraudsters stealing identities to create fake companies can do real damage to unsuspecting New Yorkers,” said Attorney General James. “Small businesses and ordinary New Yorkers have fallen victim to this scheme and my office has taken action to shut down these fraudsters. I urge New Yorkers to be vigilant and file a complaint with my office if they believe that their name or address is being fraudulently used.”

“This fraud is causing real harm to small businesses,” said Pat Whelan of Sahadi's Fine Foods. “We thank Attorney General James for taking quick action to stop these fraudsters and protect small businesses.”

The OAG learned that fraudsters opened a corporation named Sahadi Fine Foods Products Inc., resembling the actual Brooklyn grocery store Sahadi Fine Foods Inc. The fraudsters used the store’s actual address, opened up a bank account, and diverted $100,000 in checks into the illegitimate company’s bank account. The OAG filed a lawsuit to dissolve the fake corporation and stop this fraud.

Sham corporations could be the first sign that more extensive identity or mail theft has taken place. The OAG received complaints from New Yorkers who have been receiving mail from the New York Department of Taxation and Finance for businesses they are not associated with and have never heard of. Fraudsters can use corporations to file and collect fraudulent tax refunds, open lines of credit, take out bank loans, and engage in other fraudulent or criminal activity, which could harm ordinary New Yorkers who are not affiliated with the illegitimate corporation. These illegitimate businesses ranged from fake consulting firms to fake technology companies in counties across the state.

New York Law provides the Attorney General with the sole authority to take down fraudulent corporations. The OAG has filed lawsuits to dissolve the following corporations, some of which have names very similar to legitimate corporations:

• Bronx: LIANGHAO YUNYONG TECHNOLOGY INC. and HAPPY WINNER INC.
• Columbia: TIME DAY INC.
• Kings: SAHADI’S FINE FOODS PRODUCTS INC., UNDERGROUND CITY INC., and US CHOCOLATE CORPORATION
• Oneida: FINALE DREAM INC.
• Queens: WNG HUA CORP., YOO HI HAY INC., and YONG EXPRESITO INC.
• Suffolk: MAKO888 CORP, MCGEE SERVICES INC., and EASY GAME INC.

If you believe that your address or your name is being used in association with a corporation that you are not affiliated with, please file an online complaint with OAG Consumer Frauds Bureau.

U.S. Attorney Announces $1.3 Million Settlement Of Civil Fraud Lawsuit Against Apparel Importer For Underreporting Value Of Goods To Avoid Paying Customs Duties

 

 Damian Williams, the United States Attorney for the Southern District of New York, Ivan J. Arvelo, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), AnnMarie R. Highsmith, Executive Assistant Commissioner for U.S. Customs and Border Protection’s (“CBP”) Office of Trade, and Francis Russo, Director of CBP Field Operations New York, announced that the United States has entered into a settlement agreement to resolve a civil fraud lawsuit against HIGH LIFE LLC (“HIGH LIFE”), an apparel design and import company headquartered in Manhattan, for underreporting to CBP the value of apparel imported into the United States.  The settlement resolves claims that HIGH LIFE underreported the value of 67 apparel shipments in order to avoid paying the full customs duties owed.  Under the settlement agreement approved by U.S. District Judge Victor Marrero, HIGH LIFE has agreed to pay $1.3 million to the United States and has made admissions regarding certain conduct alleged in the Government’s Complaint. 

U.S. Attorney Damian Williams said: “Rather than comply with the law, High Life chose to underreport the value of apparel imported into this country to avoid paying legally mandated customs duties.  This Office will continue to hold companies accountable when they make misrepresentations to CBP to enhance their own bottom line.”

HSI Special Agent-in-Charge Ivan J. Arvelo said: “This settlement should serve as a warning to companies that attempt to bolster their bottom line by cheating and defrauding the United States.  Individuals or organizations that knowingly and willfully use tactics such as undervaluing or misclassifying goods to avoid paying lawful customs charges are violating the laws of international commerce and HSI will not stand by idly.  Our special agents will work diligently with our law enforcement partners to protect legitimate businesses by apprehending those that exploit our trade systems and rob our government of vital revenues.”

CBP Executive Assistant Commissioner AnnMarie R. Highsmith said: “Importers need to know that manipulating the values they report to CBP can come with serious consequences.  This case is a great example of the collaborative trade enforcement efforts between teams at CBP, who identified the original pattern of misconduct, and the U.S. Attorney’s Office.” 

CBP Director of Field Operations Francis Russo said: “U.S. Customs and Border Protection has a cadre of dedicated professionals – import specialists and regulatory auditors – with expertise in the financial details surrounding imports, including terms of sale and their effect on the dutiable value of goods when they arrive in the United States.  Our trade experts found anomalies in High Life’s value calculations based on the terms of sale to its foreign suppliers and paved the way for the Justice Department and Homeland Security Investigations to move this case forward and bring it to a successful conclusion.  Their knowledge and collaboration with our law enforcement partners stopped High Life’s efforts to defraud the United States of hundreds of thousands of dollars in revenue.”           

As alleged in the Complaint filed in Manhattan federal court:

HIGH LIFE purchases apparel from foreign vendors (the “Vendors”), who in turn contract with overseas factories to manufacture the apparel.  In December 2015, after CBP had detained numerous HIGH LIFE shipments due to concerns that the declared values were fraudulent, HIGH LIFE decided to transition its business model.  Instead of purchasing the apparel on Landed Duty Paid (“LDP”) terms — meaning that HIGH LIFE paid the Vendors a price inclusive of all costs associated with importing the merchandise — HIGH LIFE began purchasing the merchandise on Free on Board (“FOB”) terms.  Under the new FOB model, HIGH LIFE assumed importation responsibilities, including the responsibility to declare the value of the imported goods and pay the associated customs duties. 

As the importer of record, HIGH LIFE was permitted, if certain criteria were met, to declare the value of the imported goods based on the price the Vendors paid the factories (“First Sale Price”), instead of the price HIGH LIFE paid the Vendors.  However, HIGH LIFE could only declare the First Sale Price as the value of the orders if the goods were the subject of a bona fide sale between the Vendors and the factories, the goods were clearly destined for export to the United States, and the factories and the Vendors dealt with each other at arm’s length, in the absence of any non-market influences that affected the legitimacy of the sales price.

From January 21, 2016, through June 1, 2016 (the “Relevant Time Period”), HIGH LIFE materially underreported the value of previously ordered apparel in 67 imported shipments.  In transitioning from LDP to FOB terms, HIGH LIFE developed a formula that worked backwards from a previously negotiated LDP price to calculate what HIGH LIFE wanted the FOB price and First Sale Price to be and then used that First Sale Price to declare the values of 67 shipments.  The prices used by HIGH LIFE for customs reporting purposes were determined after the orders for the apparel had been placed, after the pricing structure had been negotiated, and after the apparel was in production.  It was improper to declare the imported merchandise using these values because the prices were not based on a bona fide sale between the Vendors and the overseas factories and were not the result of arm’s length negotiations between those Vendors and the factories in the absence of any non-market influences.  Indeed, HIGH LIFE instructed the Vendors on how to calculate and report the prices that HIGH LIFE ultimately used to declare the values to CBP. 

As part of the settlement, HIGH LIFE admits, acknowledges, and accepts responsibility for the following conduct:

• Once HIGH LIFE transitioned to an FOB model, it assumed importation responsibilities for the shipments.  As the importer of record, HIGH LIFE could then, if certain criteria were met, declare the value of the imported goods based on the price the Vendors paid the factories, instead of the price HIGH LIFE paid the Vendors.  However, HIGH LIFE could only declare the First Sale Price as the value of the orders if the goods were the subject of a bona fide sale between the Vendors and the factories, clearly destined for export to the United States, and the factories and the Vendors dealt with each other at arm’s length, in the absence of any non-market influences that affected the legitimacy of the sales price.
• In transitioning from LDP to FOB terms, HIGH LIFE developed a formula that worked backwards from a previously negotiated LDP price to calculate what HIGH LIFE wanted the FOB price and First Sale Price to be and then used that First Sale Price to declare the values of 67 shipments made during the Relevant Time Period (the “Subject Orders”).  HIGH LIFE requested the Vendors to delay shipping merchandise while the First Sale Prices for the Subject Orders were finalized.  Indeed, on December 24, 2015, HIGH LIFE’s Production Manager asked the Vendors to “hold as many shipments as possible until we finalize the First Sale.”
• Beginning in late December 2015 and continuing through January 2016, HIGH LIFE instructed the Vendors to apply HIGH LIFE’s formula to calculate the First Sale Price that HIGH LIFE would report to CBP for purposes of calculating the duties owed by HIGH LIFE.
• After the Vendors emailed spreadsheets to HIGH LIFE that purported to reflect the First Sale Prices for the Subject Orders, a member of HIGH LIFE’s production team sent an email to the Vendors directing them to “rework your FOB and [First Sale Price] based on the Highlife Estimate freight.”  Following their receipt of these emails, the Vendors replied to HIGH LIFE within 24 hours with revised First Sale Prices for the merchandise included in the Subject Orders.
• When importing the Subject Orders, HIGH LIFE ultimately declared to CBP that the duties owed should be calculated based on the First Sale Prices the Vendors reported to HIGH LIFE.
• If HIGH LIFE had paid duties to CBP based on the prices HIGH LIFE itself paid for the merchandise included in the Subject Orders, instead of calculating the duties based on the purported First Sale Prices reported by the Vendors pursuant to HIGH LIFE’s instructions, HIGH LIFE would have paid significantly higher customs duties for the Subject Orders.

Mr. Williams praised the outstanding investigative work of the Department of Homeland Security, HSI, and CBP.

Small Biz Grants & More - Coming Up at KRVC!

Small Biz Grants!

KRVC is committed to supporting local small businesses however we can. If you own a small business in our community and need a small grant to hire a performer, print promotional materials, etc., then let us know. Email KRVC with the subject line - Small Biz Grant. Give as many details as you can including the amount of funding you need. We’ll try to help!

Also Mark Your Calendars for these Events Coming Up from KRVC!

Look forward to seeing you!     KRVCDC.ORG @krvcbronx KRVC | 505 West 236th Street, Bronx, NY 10463

 

NYS Office of the Comptroller DiNapoli Calls for Long-Needed State Debt Reform

 

Recommends Comprehensive and Binding Limits, and More Accountability to Voters

New York state has one of the nation’s highest debt levels, largely because measures to restrict the excessive use of debt have been circumvented over the years in state budgets. Since the Debt Reform Act was passed in 2000, state-supported debt outstanding increased by $25 billion. Over the next five years, this debt is projected by the Division of the Budget to increase by $26 billion, or 42%, from $61.9 billion in State Fiscal Year (SFY) 2021-22 to $88 billion in SFY 2026-27. 

A new report by State Comptroller Thomas P. DiNapoli identifies policy and fiscal weaknesses that have allowed state debt to grow to troubling levels and offers a roadmap for state debt reform to improve debt affordability and protect New York’s fiscal health. Debt service is projected to consume an increasing share of State Operating Funds spending over the next five years, growing from 5.4 to 5.9%. This constricts flexibility in the operating budget and leaves fewer resources available for other priorities and programs.

“New York state has a history of misusing borrowing to pay for short-term needs while a backlog of long-term infrastructure projects languishes,” DiNapoli said. “Caps and other restrictions on debt set in statute have not worked to rein in our debt or stop inappropriate borrowing practices. New York needs comprehensive and binding debt reform to ensure more affordable borrowing levels, more responsible debt decisions, and greater accountability to the public.”

In a review released in June 2022, Standard & Poor’s cited New York’s “moderately high and growing debt levels” as one factor preventing it from achieving a higher credit rating. In September 2022, Moody’s ranked the state as having the second largest debt burden in the nation behind California. A lower credit rating translates into higher borrowing costs for the state. Excessive debt is costly to residents and misuse of debt can result in inadequate investments in needed capital projects.

DiNapoli says restoring prudent debt practices is an essential component for improving the long-term sustainability of New York state’s fiscal health, keeping debt costs down for taxpayers, and more effectively deploying the state’s resources to pay for infrastructure needs.

DiNapoli recommends the following debt reform measures:

• Establish Comprehensive, Binding Debt Limits. Meaningful debt reform needs to be addressed through a binding constitutional amendment to impose limits on all existing and future state debt. The calculation should be based on a rolling 10-year average of personal income growth which will provide enhanced stability and predictability for capital and debt financing plans.
• Provide Accountability to Voters. State debt limits should be subject to voter approval, and all state debt should be required to be issued by the State Comptroller. This would isolate long-term liabilities and their associated costs from the temptations of annual budget-cycle gimmicks and prevent short-sighted solutions for near-term budget relief.
• Establish Responsible and Sustainable Practices. All state debt should be required to be issued with a level or declining debt service structure, be limited to a final maturity of 30 years or less and must begin to be repaid within one year. The use of state debt should be precluded from solely benefiting private enterprise.
• Give Flexibility in Times of Emergency. The constitution’s emergency contingencies should be updated to account for the potential crises of the modern era, while establishing boundaries around such possible uses.

Capital and Debt Plan

The largest capital investments in the SFY 2022-23 Enacted Budget Capital Plan, released in May 2022, are for transportation, higher education, economic development, and the environment. The plan forecasts $92.8 billion in capital spending through SFY 2026-27, an average of approximately $18.6 billion annually. It relies heavily on debt to finance this capital spending.

Over the last 20 years, debt has financed 53.4% of New York state’s capital spending. Over the life of the current plan, debt will finance 53.9% of total spending, primarily from bonds issued by public authorities on behalf of the state (51.2%). Growth in debt outstanding is occurring because of higher capital spending levels, as well as an increasing share of such capital spending being financed with debt rather than pay-as-you-go resources.

Current State Debt Limits

New York has both constitutional and statutory limits on state debt. Under the constitution, state general obligation debt, which is issued by the State Comptroller, must be approved by the voters through a ballot proposal. Through the years, however, the constitutional limitation has been circumvented through the use of debt issued by state public authorities, known as “backdoor borrowing,” where voter approval is bypassed even though the state is contractually obligated to pay debt service for the bonds.  

As of SFY 2021-22, nearly 97% of state-supported debt outstanding has been issued by public authorities, primarily personal income tax and sales tax revenue bonds issued on behalf of the state.

The state enacted the statutory Debt Reform Act of 2000 to impose caps on debt levels and debt service spending. The cap on debt outstanding was phased-in over eleven years and eventually limited debt levels to 4% of state personal income, while debt service spending was limited to 5% of All Funds receipts. The Debt Reform Act was intended to provide a comprehensive approach to limiting state debt, but loopholes have been exploited and statutory changes have been made to circumvent the limits.

Weakened Guardrails

To bypass the debt caps, new forms of state debt were created outside the definitions of the Debt Reform Act, including bonds paid from tobacco settlement receipts and bonds to pay for SUNY dormitory facilities. Other debt has been structured in a way that it does not meet the technical definition for being counted toward the cap.

The Debt Reform Act was significantly eroded by actions included in the SFY 2020-21 and SFY 2021-22 Enacted Budgets. These excluded any state-supported debt issued during those two years from the state’s statutory debt caps, totaling nearly $18 billion. Budget actions also allowed the use of debt for non-capital purposes and permitted up to 50-year maturities for bonds issued for MTA purposes. These actions made the state’s debt limits functionally meaningless.

Combined with debt that was initially excluded from the caps, nearly one-third of state-supported debt ($20 billion) was excluded from the state’s debt limits as of SFY 2021-22. Without these debt exclusions, planned issuances would have breached the state’s statutory debt cap by up to nearly $17 billion by the end of the five-year SFY 2022-23 Capital Plan period.

Report

A Roadmap for State Debt Reform

Related Reports

Strengthening New York’s Infrastructure: Spending Trends and Planning Challenges

The Case for Building New York State’s Rainy Day Reserves

Bronx River Art Center (BRAC) - Scaling Nature: Free Art Workshop This Friday

 

Friday Workshop Series February 3rd, 3:30 - 6:30pm

PAPER MAKING with Michele Brody (in relation to the exhibition "Scaling Nature")

For the first workshop in our "Friday Workshop Series", learn the art of making paper and paper collage from natural materials with Michele Brody, one of the artists from BRAC's current gallery exhibition Scaling Nature, on view until March 4th. Participants will learn how to make their own sheets of handmade paper in order to collage with found natural materials, such as dried flowers and leaves, while collaborating with Ms. Brody on a future installation of origami butterflies folded out of handmade paper from milkweed plants and inscribed with personal migration stories. All participants will be able to bring home their own handmade sheets of paper at the end of the workshop. Donations for materials are greatly welcomed.

Click Here to RSVP

About the Artist/Teacher: Michele Brody has been working with BRAC since 2010. She received her BA from Sarah Lawrence College in 1989 and an MFA from the School of the Art Institute of Chicago in 1994. Utilizing her strong background in the liberal arts, Michele creates site-specific, mixed-media installations and works of public art that are generated by the history, culture, environment, and architecture of a wide range of exhibition spaces. BRAC's current exhibition, Scaling Nature, includes the debut of her newest installation “Nature in Absentia: A Lost Marshland,” which illustrates how the loss of natural biodiversity in The Bronx is in stark contrast to the borough’s ever expanding racial and cultural diversity. The installation is a 9'3" high by 8'10" diameter cyclorama composed of extra-large hanging sheets of double-sided handmade paper depicting local Cattails (Typha latifolia) cast in relief with regenerated pulp made from non-native/invasive phragmites reeds (Phragmites australis.) The exterior of the cyclorama represents a well-lit healthy marshland that the public will be invited to walk around towards a narrow entrance into a darkened interior revealing an environment in distress. For more information about the exhibition, visit https://bronxriverart.org/gallery

Up to date proof of COVID-19 vaccination is required for all ages for entry to the gallery Attendees will also be required to be masked.