Governor Hochul Updates New Yorkers On State's Progress Combating Covid-19 - FEBRUARY 9, 2023

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

22 Statewide Deaths Reported on February 8

 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 that become more common in the winter season.

"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," 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 in December.

The New York State Department of Health's weekly flu surveillance report for the week ending January 28, shows influenza remaining widespread throughout the state for a seventeenth consecutive week, with a total of 308,279 positive cases across 57 counties reported to date. The report found that confirmed cases statewide dropped 34 percent to 2,937 for the week, while overall hospitalizations were down 35 percent from the previous week, at 304 hospitalizations across the state.

Additionally, there were 6 outbreaks in acute care and long-term care facilities, the report determined. There was one influenza-associated pediatric death reported bringing the total to nine 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. In December, 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 - 14.90
• 7-Day Average Cases Per 100k - 12.25
• Test Results Reported - 55,748
• Total Positive - 2,911
• Percent Positive - 5.00%**
• 7-Day Average Percent Positive - 5.27%**
• Patient Hospitalization - 2,236 (-90)
• Patients Newly Admitted - 311
• Patients in ICU - 264 (-17)
• Patients in ICU with Intubation - 102 (0)
• Total Discharges - 398,622 (+366)
• New deaths reported by healthcare facilities through HERDS - 22
• Total deaths reported by healthcare facilities through HERDS - 61,524

** 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 - 78,197

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	Monday,   February   6, 2023	Tuesday,   February   7, 2023	Wednesday,   February   8, 2023
Bronx	4.98%	4.91%	4.69%
Kings	3.82%	3.69%	3.94%
New York	4.09%	4.09%	3.87%
Queens	4.69%	4.54%	4.33%
Richmond	4.64%	4.30%	4.50%

DCAS’ Inconsistent Record-Keeping Put City at Risk of Price Gouging During Early Days of COVID-19

 

Auditors in the New York City Comptroller's Office investigated $1B+ of emergency procurements for PPE & ventilators in first 3 months of the pandemic

The New York City Comptroller’s Office released a review that found that the Department of Citywide Administrative Services’ (DCAS) inconsistent documentation, lack of documented price analysis, and poor oversight made the City susceptible to price gouging and missing or defective PPE orders at the onset of the COVID-19 pandemic. Out of 59 procurements with a total initial value at over $1 billion, DCAS did not provide documents on 11 vendor background checks. In 4 out of those 11, the vendors provided either defective products or did not provide any goods at all. In addition, DCAS identified adverse information for 6 procurements (total $173 million), but did not report this information to Mayor’s Office of Contract Services (MOCS) or the Law Department.

“Emergency procurement is a necessary tool for responding to crises – the City cannot slog through a RFP process while people are getting sick and dying. But the City must protect itself from crisis profiteers,” said Comptroller Brad Lander.

Comptroller Lander acknowledged the extraordinary scale of the challenge that DCAS and other City agencies faced during the early days of COVID-19.

Comptroller Lander continued, “DCAS scaled up its operations in truly unprecedented times to procure PPE and ventilators when supplies were scarce and the competition was fierce for resources. Checks and balances exist to mitigate risks even in crises, since unfortunately some vendors will price gouge, look to get paid for shoddy products, or claim to sell items they don’t have at all. This review can serve as a guide for future emergencies for how to balance the need to move swiftly with appropriate controls for vendor responsibility and price documentation.”

To procure essential goods that were in short supply for the City, Mayor Bill de Blasio issued an emergency executive order (EEO) that suspended some procurement rules, including the requirement for competitive bidding. However, City Hall’s guidance did not suspend agencies’ obligation to conduct “vendor responsibility determinations,” which are intended to mitigate risk of contracting with irresponsible vendors. When vendors fail to provide goods or provides defective goods, the City incurs additional legal, contractual, and administrative costs on top of the delay in supplies. Since DCAS did not consistently conduct vendor background checks or disregarded adverse information, the City risked incurring additional costs and contracting with subpar vendors.

The Mayor’s Office of Management and Budget (OMB) issued guidance urging agencies to do their best to comply with procurement requirements, including “cost reasonableness/cost comparison prior to solicitation.” While DCAS claimed that it conducted price analysis and that reasonableness varied over time based on fluctuations in stock and availability, auditors found that DCAS did not document price comparisons. Auditors also found that DCAS may have overpaid for some items. For example, DCAS paid Destiny Aprons $7.50 per cloth mask for one order and $4.80 per piece for another order of the same masks, more than double the average price of a cloth mask at $2.21 apiece.

In addition, the City created a 4-member Prepayment Review Committee (DCAS, MOCS, OMB, the Law Department) to authorize prepayments of goods and services in response to COVID-19 in March 2020 (in normal procurement, the City does not pay for goods until after they are delivered and verified). DCAS did not obtain approval or did not document approval from one or more members of the Committee for more than half (17) of the sampled 32 prepaid procurements. In 5 out of those 17 procurements, vendors did not provide goods or provided defective or poor-quality goods. Notably, DCAS prepaid Digital Gadgets $9.1 million for ventilators that the vendor was unable to deliver. This money was then applied instead to a delivery of N95 masks that were of poor quality or not FDA-certified. Only on the third try did Digital Gadgets provide masks that were accepted by DCAS.

In light of the auditors’ findings, the Comptroller’s office recommends these key steps to reduce the risk of wasteful spending during future emergencies:

• Ensure that staff perform, document, and report its reviews of vendors.

• Conduct document analysis for reasonable prices that form the basis of vendor selection.
• Maintain supporting documentation for procurement in files and records.
• Determine whether to permit advance payments to procure goods, services, and construction during emergencies, and if so, establish protocols to mitigate risks.

Across Fiscal Years 2020 to 2022, Mayoral agencies (primarily under the previous administration) used emergency executive authority to enact 886 new COVID-19 contracts, valuing $6.24 billion, relating to homeless shelters, emergency hotels, staffing, personal protective equipment (PPE), food, supplies, testing services, and ventilators. Additionally, the administration processed 774 contract modifications and 96 task orders since March 2020.

The City is currently utilizing emergency procurement, authorized by Mayoral Executive Orders and affirmed by the Comptroller, to address the humanitarian crisis on Rikers Island as well as provide shelter and services for asylum-seekers.

Read the auditors’ findings here.

Movie Producer Sentenced For Conspiring To Operate A Prostitution Business

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that DILLON JORDAN, a/k/a “Daniel Jordan,” a/k/a “Daniel Maurice Hatton,” a/k/a “Daniel Bohler,” was sentenced today to five years in prison in connection with operating a prostitution business with national and international reach from 2010 through 2017.  JORDAN pled guilty to conspiracy to violate the Mann Act on September 1, 2022, before U.S. District Judge John P. Cronan.  Judge Cronan imposed today’s sentence.

U.S. Attorney Damian Williams said: “For years, the defendant operated and profited from an extensive prostitution business that catered to wealthy men and was predicated on the exploitation of young women.  This Office is committed to prosecuting the perpetrators of sex crimes, especially those who use physical and emotional abuse to make a profit.”

According to the allegations in the Indictment and statements made in Court:

From in or about 2010 through at least in or about May 2017, JORDAN operated a prostitution business throughout the United States and abroad.  JORDAN maintained a roster of women who resided around the United States and who, in exchange for payment, performed sexual acts for JORDAN’s clients at locations throughout the United States, including the Southern District of New York, and abroad.  JORDAN communicated with the clients of his prostitution business by email to coordinate the prostitution services, which included sending to clients photos of women who were available for hire for prostitution services, discussing the price of prostitution services, and overseeing travel logistics for women to travel to engage in prostitution.  At times, JORDAN himself arranged the interstate travel for the women to engage in prostitution, and at other times, clients, at JORDAN’s direction, arranged the interstate travel for the women whom JORDAN directed to those clients.  To facilitate his prostitution business, JORDAN also coordinated with a United Kingdom-based madam by sharing and referring customers and prostitutes.

JORDAN personally recruited women to work for him to engage in prostitution. JORDAN emotionally and sexually abused at least some of the women who engaged in paid sex work at his direction or whom he sought to recruit to engage in prostitution on his behalf.  Prior to operating the prostitution business that is the basis of this conviction, JORDAN was in prison in Cuba for eight years for sex crimes.  JORDAN began operating the prostitution business that is the basis of this conviction immediately upon his return to the United States from Cuban prison in 2010.  

JORDAN primarily managed the finances of the prostitution business through two front companies – a purported party and event planning company and a movie production company – incorporated in California.  JORDAN opened multiple bank accounts for these companies, which he used to accept cash, wire, and check payments for prostitution services from clients and to pay for the expenses of the prostitution business, including paying the women for their prostitution services by cash and check.  By using the two front companies to receive deposits from the prostitution business, JORDAN ensured that transactions involving those proceeds from the prostitution business would disguise the nature, source, and origin of those proceeds.   

In imposing today’s sentence, Judge Cronan emphasized that JORDAN’s “whole business was based on the exploitation of women… Each of whom has endured permanent physical and emotional scars… I may have well gone beyond five years, if I had the authority to do so.”

In addition to the prison term, JORDAN, 50, of Lake Arrowhead, California, was sentenced to three years of supervised release.  JORDAN was further ordered to pay a forfeiture of $1,429,717.

Mr. Williams praised the investigative work of the Federal Bureau of Investigation. 

Bronx Borough President Vanessa L. Gibson - Join Us: Dominican Heritage Month Celebration

 

Dear Neighbor,

In recognition of our Dominican community in the Bronx, we are hosting our Annual Dominican Heritage Month event on Thursday, February 16th at Grand Slam Banquet Hall (478 East Tremont Avenue).

Doors open at 5:30 PM.

Click here to RSVP

En reconocimiento a nuestra comunidad dominicana en el Bronx, estamos celebrando nuestro evento anual del Mes de la Herencia Dominicana el jueves 16 de febrero en Grand Slam Banquet Hall (478 East Tremont Avenue).

 

Las puertas abrirán a las 5:30 PM.

Haga clic aquí para confirmar su asistencia

In partnership,

Bronx Borough President Vanessa L. Gibson

NINE INMATES INDICTED FOR ASSAULTING SIX OTHER INMATES USING MAKESHIFT WEAPONS DURING RIKERS ISLAND MELEE

 

Defendants--Alleged Gang Members--Cornered Rival Gang Members and Beat Them for 15 Minutes; Victims Needed Hospital Treatment for Wounds

 Bronx District Attorney Darcel D. Clark today announced that nine Rikers Island inmates have been indicted on assault charges for carrying out a vicious attack against six other inmates in the jail using makeshift weapons, leaving them bloody.

 District Attorney Clark said, “Nine inmates allegedly attacked six others, cornering them and assaulting them with makeshift weapons and objects such as plastic chairs. Even when the victims were on the floor bleeding, the defendants continued to batter them. The motive for the attack is believed to be alleged gang rivalry between Bloods and Mac Balla members. Those awaiting trial should not be subjected to assault. My Office will continue to prosecute those who incite violence in the jail, but more must be done to prevent brutality.” 

 Department of Correction Commissioner Louis A. Molina said, “We will never tolerate violence in our jails. We partnered with the Bronx District Attorney to bring indictments against these individuals who are allegedly responsible for this heinous attempted gang assault in August. Sadly, many of the people who come into our custody are already gang affiliated, and these affiliations can be a precursor to violence. The safety and security of all people who work and live in our jails is our top priority. We have seen successes in reducing violence since the start of this administration, and we will build on this and hold those who commit violent acts accountable. We thank the Bronx District Attorney for her leadership in holding these individuals accountable.”

 District Attorney Clark said the defendants Steven Brown, 27, AKA Shadow, Andrae Robertson, 27, AKA Dre, Arkies Sommerville, 26, AKA Kill Hound, Jacquin Gordon, 26, AKA GT, Spencer Bridge, 30, AKA Tim Bugatti, Lamall Kinsey, 29, AKA B Dotty, Keith McDowell, 27, Equan Harding, 26, AKA Spook, and Orlando Plummer, 47, have been indicted on six counts of Attempted Gang Assault in the first degree, 12 counts of second-degree Assault, and six counts of third-degree Assault. Six defendants were arraigned on February 8, 2023, before Bronx Supreme Court Justice Connie Morales and the three other defendants are awaiting arraignment. The defendants are due back in court on May 24, 2023. Bail was set at $300,000 cash, $900,000 bond and $900,000 partially secured bond at 10% for each defendant.

  According to the investigation, at approximately 5:17 a.m. on August 18, 2022, inside the George R. Vierno Center, the nine defendants, who are allegedly Bloods gang members, began fighting with six other inmates, who are alleged to be Mac Balla gang members. The defendants then cornered the six inmates next to the housing area’s entrance door. The defendants assaulted them with knives fashioned from plexiglass, and hit them metal pipes, pieces of metal, metal food trays, metal electrical boxes on ropes, a pen with an attached razor and other items. The defendants also continuously threw a large, hard plastic water container and a plastic chair at them.

 The attack ended when emergency response officers entered the housing area. The six inmates sustained puncture wounds, swollen jaws and deep lacerations to their heads, faces and bodies. All of them required medical treatment at a local area hospital. The beating, which lasted approximately 15 minutes, was captured on surveillance video.

 District Attorney Clark thanked the New York City Department of Correction Intelligence Bureau, specifically Investigators Walter Holmes, Paul Smith and Cecil Phillips for their assistance in the investigation. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

Fentanyl Trafficker Arrested In Manhattan

 

 Damian Williams, the United States Attorney for the Southern District of New York, Frank A. Tarentino III, the Special Agent-in-Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), and Steven A. Nigrelli, the Acting Superintendent of the New York State Police (“NYSP”), announced that AGARI REYES-SILLERO was arrested while attempting to sell approximately 50,000 multicolored fentanyl pills to a cooperating witness in exchange for $400,000.  REYES-SILLERO was arrested on Monday and was presented before Magistrate Judge Ona T. Wang.

U.S. Attorney Damian Williams said: “The pills the defendant allegedly attempted to sell were bright and colorful, which obscured their true danger.  The 50,000 pills seized by law enforcement contained fentanyl, one of the deadliest drugs on the planet.  Thanks to the work of our law enforcement partners, these lethal drugs have now been taken off the street.”

DEA Special Agent-in-Charge Frank A. Tarentino III said: “Fake counterfeit prescription pills are flooding this city.  Fentanyl is the deadliest drug to ever hit the streets and traffickers are masking the threat by selling lethal doses in colorful pill forms mimicking prescription medication.  DEA analysis indicates that 60% of trafficked fentanyl pills on the street contain lethal doses; therefore, 30,000 deadly doses were removed from circulation by the hardworking members of the New York Drug Enforcement Task Force.  I commend our law enforcement partners for their hard work on this investigation.”

NYPD Commissioner Keechant L. Sewell said: “The NYPD and our law enforcement partners will never waver in our commitment to rid New York of fentanyl.  Anyone who displays the negligent depravity to sell this deadly poison on our streets – to put lives at risk for a profit – will be held fully accountable.  I commend and thank for their exceptional work the Office of the U.S. Attorney for the Southern District, the DEA, the New York State Police, and every member of the NYDETF involved in this important case.”

NYSP Acting Superintendent Steven A. Nigrelli said: “I commend the vital collaborative work of our law enforcement partners in the relentless efforts to keep illegal drugs off our streets.  The arrest of Ms. Reyes-Sillero reinforces that we will continue to be vigilant in stopping the flow of these dangerous drugs into our neighborhoods.  Each arrest, each seizure is saving lives and decreases the additional crime that surrounds these illegal and dangerous operations.”

As alleged in the Complaint:[1]

On or about February 5, 2023, REYES-SILLERO met with a witness who was cooperating with law enforcement (“CW-1”) to sell CW-1 approximately 50,000 fentanyl pills.  After entering CW-1’s car with the pills, REYES-SILLERO confirmed that CW-1 was to pay $400,000.  Law enforcement agents arrested REYES-SILLERO and seized the fentanyl pills, which were packaged inside four protein powder containers, as pictured below:

 

REYES-SILLERO, 34, of Mexico, is charged with one count of possession with intent to distribute 400 grams and more of fentanyl.  This offense carries a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison.

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

Mr. Williams praised the outstanding investigative work of the DEA, the NYPD, and the New York State Police. 

The charges contained in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint constitutes only allegations, and every fact described herein should be treated as an allegation.