DASHBOARD UPDATE: NYC Comptroller Releases New Monthly Data on Department of Correction Operations

The New York City Comptroller’s Office released its monthly update to the Department of Correction (DOC) Dashboard, available here.

Key monthly DOC metrics show:

• As of May 1, 6,024 people were incarcerated in the city’s jails, nearly double the bed capacity of the new borough-based jails intended to replace facilities on Rikers Island.
  • In April, DOC admitted 1,860 people to the city’s jails, a decline of 15 from the previous month, but DOC also discharged 1,731 people —154 fewer than in the prior month.
  • In April, the average length-of-stay dropped to 98 days—an 11 day decrease from the prior month.
• Judges assigned cash bail to over 1,000 people in March (latest data available), for the tenth consecutive month in a row.
• The number of people with serious mental illness held at Rikers declined slightly from 1,165 in February to 1,158 in March based on the available data.
• People with serious mental illness represent 19.6% of detained people.
• In March, incarcerated individuals missed their medical appointments 10,279 times—the first time this number exceeded 10,000 since May 2022.
• The average number of uniformed staff increased by 70 officers between March and April, totaling 6,591.
  • The total number of uniformed staff on sick leave continues to trend downward, declining to 596 in April.
• Violence indicators mostly decreased in April: assaults on staff decreased to 53, slashings and stabbings decreased to 19, but fights increased to 439.

“Rikers has become the de facto treatment hub for people suffering from mental illness, but it is not a therapeutic or healthcare facility. For people like Jordan Neely, who revolved in and out of the criminal legal system, Rikers is not a place where anyone gets better. Our City must build out better systems of mental health response like permanent supportive housing, which work efficiently, are more cost effective, and would allow all New Yorkers to live in dignity. In Jordan’s memory, we can build a city where people have the care, health, and safety that they need and in turn, a city that is safer and more compassionate for all of us,” said Comptroller Brad Lander.

Former U.S. Army Employee Arrested In Bribery And Kickbacks Scheme Involving Defense Contracts

 Damian Williams, the United States Attorney for the Southern District of New York, and L. Scott Moreland, Special Agent in Charge of the Department of the United States Army Criminal Investigation Division’s (“Army CID”) Major Procurement Fraud Field Office, announced today the arrest YOUNG BEOM KIM, a native of the Republic of Korea (“Korea”) and a United States citizen, on charges of honest services wire fraud, bribery, and money laundering.  As alleged in an Indictment unsealed today in Manhattan federal court, KIM, while acting in his capacity as Chief of the Design Branch at Army Garrison Yongsan/Casey in Korea (“USAG-Y/C”), schemed to enrich himself through bribes and kickbacks from various manufacturers and suppliers of parts used in U.S. Army contracts.  KIM is expected to be presented today before United States Magistrate Judge James L. Cott.  The case has been assigned to United States District Judge Richard M. Berman.   

U.S. Attorney Damian Williams said: “As alleged in the Indictment, Young Beom Kim was responsible for overseeing construction contracts, including for the repair of bunkers, at Army Garrison Yongsan/Casey in Korea, located just miles from the North Korean border.  The importance of Kim’s work and duties to the Army and its troops cannot be overstated.  Kim betrayed those duties in exchange for a quick buck.  Individuals who would betray their positions of trust for personal financial gain will continue to be held to account by this Office.”

Special Agent in Charge L. Scott Moreland said: “Today’s arrest should serve as a stark reminder that our agents are relentless in their pursuit of those who choose to defraud the government.  We have a very robust group of highly trained special agents and analysts who are masters at combating and uncovering fraud, deception, and other criminal acts associated with government contracting and purchasing.  CID will continue to see to it that anyone suspected of contract fraud and corruption is brought to justice.”

According to the allegations in the Indictment unsealed today in Manhattan federal court and other publicly filed documents: [1]

From at least May 2017 through at least August 2021, KIM was a civilian employee for the U.S. Army, primarily serving as Chief of the Design Branch for the Directorate of Public Works at USAG-Y/C in Korea.  KIM’s responsibilities included designing, reviewing, approving, and/or amending various maintenance, repair, and construction contracts at USAG-Y/C.  While acting in that capacity, KIM helped ensure that certain Army contracts included the use of parts manufactured or supplied by specific companies.  Some of these parts included blast doors, blast valves, shock mounts, and shock isolators (i.e., equipment designed to protect Army personnel in the event of an attack).  In return, the companies manufacturing or supplying those parts collectively sent over $400,000 in kickbacks to KIM.  A significant portion of these funds were laundered through bank accounts controlled by KIM’s adult relatives – including one account held in the name of a shell company (i.e. a company which existed in name only and which performed no legitimate business functions) – and were ultimately used to enrich KIM and to pay for bills and expenses incurred by KIM.

KIM, 62, a resident of Korea, is charged with one count of conspiracy to commit honest services wire fraud and bribery, which carries a maximum sentence of five years in prison; two counts of honest services wire fraud; each of which carry a maximum sentence of 20 years in prison; two counts of bribery, each of which carry a maximum sentence of 15 years in prison; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison. 

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

Mr. Williams praised the outstanding work of Army CID and Special Agents from the U.S. Attorney’s Office for the Southern District of New York.  Mr. Williams thanked the Antitrust Division of the U.S. Department of Justice for its assistance in this case.

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

NYSGC Chair O’Dwyer: NYS Budget Guarantees Improved Backstretch Housing for Belmont & Saratoga Race Course

 

The enacted 2023-24 New York State Budget amends New York State Racing, Pari-Mutuel Wagering and Breeding Law section 212(8)(i) to require the New York State Franchise Oversight Board to “ensure adequate funds for maintenance and repair of existing structures at Saratoga racetrack and Belmont Park racetrack and for the improvement of onsite backstretch personnel housing and quality of life.”

New York State Gaming Commission Chair Brian O’Dwyer applauded the measure, stating:

“This Budget ensures the hundreds of backstretch workers who live and work at Belmont Park and Saratoga Race Course will always have up-to-date housing and improved quality of life. This is a necessary and welcome guarantee of basic living needs for these dedicated employees and their families, who are the backbone of the sport.

“I’ve been a strong advocate for improving conditions for the backstretch community who work tirelessly to care for horses and make New York State’s nation-leading horse racing possible.

 “I applaud and thank Governor Kathy Hochul, Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, and NYRA for recognizing the contribution these individuals make to New York’s Thoroughbred racing, as well as our state’s agricultural and economic development.”

News, updates and more from NYC Council Member Rafael Salamanca, Jr.

 

Movies Under the Stars Kickoff

Council Member Salamanca thanks everyone who attended the first 'Movies Under the Stars' event!

Keep an eye on the Council Member's social media pages for further 'Movies Under the Stars' events.

Establishing the Framework for Affordable Housing To curb NYC’s growing housing crisis, I have joined forces with New York City Council Speaker Adrienne Adams and my New York City Council colleagues to create a framework piece of legislation to ensure that New Yorkers are receiving equal access to affordable housing options. By adopting the Fair Housing Framework, we will be able to increase the City’s overall housing production by establishing targets that are based on actual need and capacity, so that all New Yorkers can enjoy and benefit from improved living conditions. We have the legislation - let’s get the job done. Email Council Member Salamanca Visit our District Office at:  1070 Southern Boulevard Bronx, New York 10459 (718) 402-6130 salamanca@council.nyc.gov

Attorney General James’ Office of Special Investigation Releases Report on the Death of Clarence Little

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Clarence Little in Brooklyn. Following a thorough investigation, including review of security camera video, body-worn camera (BWC) footage, interviews with responding officers and civilian witnesses, ballistics testing, and evidence from the scene, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of deadly force against Mr. Little was justified under New York law.

On January 4, 2022, around 4:20 p.m., Mr. Little entered a Dollar Tree store on Rockaway Parkway in Brooklyn. He purchased a few items with cash before leaving the store. About 20 minutes later, Mr. Little returned to the store and made another purchase. Surveillance video shows that when the cashier opened the register, Mr. Little took a gun out of his coat pocket and pointed it at the employees before taking the contents of the register and exiting the store.

A Dollar Tree employee had previously called 911, as they thought they recognized Mr. Little from past incidents at the store. Two officers arrived as Mr. Little was attempting to leave. According to BWC footage, one of the officers grabbed Mr. Little and the two struggled to the ground. Mr. Little fired his gun twice, and the second officer, who remained standing, fired his service weapon in response. Mr. Little was transported to a local hospital and eventually died on February 3, 2022. Officers recovered a gun at the scene.

Under New York’s justification law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another. To convict a person of a crime when the defense of justification is raised at trial, the prosecution must disprove justification beyond a reasonable doubt.

In this case, the investigation showed that Mr. Little had robbed the store and then struggled with and shot at an officer. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt that the officer who fired was justified, and OSI determined that criminal charges could not be pursued against the officer. 

Assemblymember John Zaccaro - Community Food Distribution

 

Dear Friends, As part of our continued partnership with the Met Council,  our community office is pleased to be hosting a community  food distribution, details as follows: When: Friday, May 26, 2023 Time: 1:00pm (while supplies last) Where: District 80 Community Office 2018 Williamsbridge Rd If you have any questions, please feel free to contact my  community office at (718) 409-0109. Looking forward to seeing everyone then.

Court Enjoins Alabama Seafood Processor from Distributing Adulterated Seafood Products

 

A federal court enjoined an Irvington, Alabama, company and several of its operators from distributing adulterated seafood products in violation of the Food, Drug, and Cosmetic Act (FDCA).

In a civil complaint for permanent injunction filed in the U.S. District Court for the Southern District of Alabama on April 25, the United States alleged that Irvington Seafood, Inc., and its owner, Kevin S. Sakprasit, and company officers Helene Nou and Kammie C. Richardson, violated the FDCA by distributing adulterated ready-to-eat crabmeat products. According to the complaint, the defendants process the products at their Alabama facility and then sell and distribute them to businesses and consumers throughout the country. 

The complaint alleges that between 2006 and 2022, multiple Food and Drug Administration (FDA) inspections of the defendants’ facility revealed that the defendants prepared, packaged, and held crabmeat products under insanitary conditions and failed to comply with required current good manufacturing practices and seafood hazard analysis critical control point (HACCP) regulations. According to the complaint, during inspections of the defendants’ facility FDA inspectors found, among other things: the presence of maggots, flies, and roaches; the presence of the bacteria Listeria monocytogenes on food contact and non-food contact surfaces of equipment; and that employees were failing to properly wash their hands and aprons. Food contaminated with L. mono can cause serious illness and even death in vulnerable groups, such as newborns and people with impaired immune systems. The complaint alleges that the defendants failed to take necessary corrective actions after repeated FDA warnings.

“Food manufacturers and distributors must operate in strict compliance with the law,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to working hand in hand with the FDA to help ensure the safety of the nation’s food supply.”

The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The order entered by the federal court permanently enjoins the defendants from violating the FDCA and requires that they destroy all raw ingredients and food products currently in their possession. Before processing or distributing any food in the future, the defendants must notify the FDA in advance, comply with specific remedial measures set forth in the injunction, and permit the FDA to inspect their facilities and procedures.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.

The claims resolved by the resolution announced are only allegations.  There has been no determination of liability.

DEC ANNOUNCES RELEASE OF FIRST SUSTAINABILITY PLAN

 

Plan Sets 25 Ambitious Goals to Help Ensure DEC is Leading by Example

Upcoming Decarbonization Projects at DEC Facilities Statewide Demonstrate Versatility of Heat Pump Technology

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced the release of the agency’s first-ever sustainability plan, which includes commitments to decarbonize operations and help ensure DEC reduces its impact on the environment. Covering the period from 2023 to 2028, the plan identifies 25 goals and 70 actions DEC will take, including reducing greenhouse gas emissions, decreasing waste generation, increasing investments in green products and services, conserving water, protecting species and habitat, reducing toxics, engaging employees, and supporting outreach and education. The plan also outlines how DEC will comply with Governor Kathy Hochul’s recently signed Executive Order 22.

“I’m extremely proud that day in and day out, the hardworking employees of DEC lead by example and work to make the agency’s operations more sustainable,” said Commissioner Seggos. “This new plan represents a roadmap for accelerating our progress as we work towards meeting New York’s ambitious climate and environmental goals.”

Highlights of the plan include DEC’s commitment to:

• carbon neutral operations by 2050;
• 100 percent renewable electricity use for operations by 2030;
• 100 percent zero-emission light-duty non-emergency fleet by 2035;
• 100 percent zero-emission medium- and heavy-duty fleet by 2040;
• decrease percentage of employees commuting to worksites alone in a fossil fuel-powered vehicle to under 50 percent by 2028;
• eliminate single-use plastics in operations by 2025;
• decrease waste generation 10 percent by 2028;
• all staff trained on sustainability goals and practices by end of 2023.

The plan represents a transparent way of showing all stakeholders how DEC is leading by example. DEC also encourages other organizations in the public and private sectors to create their own sustainability plans to guide progress in their journey to more sustainable operations.

In addition, DEC announced several new building electrification and decarbonization projects being planned at its facilities across the state, including:

• Cape Vincent Research Station;
• Cleveland Law Enforcement Academy;
• Cortland suboffice;
• Godfrey Point sign shop;
• Green Island maintenance center;
• Mount Loretto maintenance center;
• New Paltz regional office;
• Northville suboffice; and
• Ray Brook regional office.

DEC plans to install heat pumps at these facilities to remove fossil fuel-combusting equipment, upgrade outdated equipment, and enhance occupant and visitor comfort. Electric powered heat pumps provide efficient heating and cooling by taking heat and cold from the environment and moving it indoors to heat the building or outside to cool it. When powered by renewable energy, they provide a zero-emission heating and cooling solution. The wide variety of geographies and types of facilities where DEC is installing heat pumps demonstrate their capability to decarbonize buildings throughout the state.

In addition, DEC is beginning an electric vehicle charging station installation program that will ultimately install 1,400 chargers for DEC’s fleet. These installations will take place at more than 70 locations throughout the state and help ensure DEC is able to meet its commitment to electrify its light-duty fleet by 2035.

New Yorker’s can learn more and read the plan on DEC’s website at https://www.dec.ny.gov/docs/administration_pdf/sustainabilityplan.pdf