Sunday, November 5, 2023

Comptroller Lander Announces Settlement with the Family of Kevin Bryan, Who Died in Department of Correction Custody at Rikers Island

 

Bryan’s family will receive $2.25 million in a pre-litigation settlement negotiated with the Comptroller’s office; Bryan was the 14th person to die in custody in 2022

New York City Comptroller Brad Lander announced a settlement with the family of Kevin Bryan, who died in Department of Correction (DOC) custody on Rikers Island in 2022, for $2.25 million. Then 35-year-old Kevin Bryan died by suicide on September 14, 2022, six days after being arrested for trespass and with bail set at $5,003. The Comptroller’s office is empowered to settle claims against the City prior to litigation when doing so is in the best financial interest of the City. 

While no amount of money can bring Kevin Bryan’s life back, we hope to achieve a small bit of justice by reaching this settlement swiftly,” said Comptroller Lander. “Following a judicious review of the facts and the law surrounding the family’s claim, my office reached a settlement with the Bryan family that is in the best financial interest of the City of New York.”  

The family of Kevin Bryan has suffered a tremendous loss that could and should have been avoided. A mother lost a son, a sister lost a brother and a grandmother lost a grandson. In bringing the civil action to a conclusion it is our deepest hope that this tragedy sheds light on the systemic problems at Rikers Island which have existed for many years. Inmates at Rikers Island should not be facing a death penalty when incarcerated,” said Michael J. Aviles, Esq., counsel on behalf of the Bryan family. 

The court set bail at $5,003, which Bryan could not make, and sent him to Rikers Island to await trial. The BOC report revealed a lack of supervision and failure to adhere to internal DOC protocol as contributing to Bryan’s death by suicide. The report further indicates that the Correction officer on duty allowed Bryan access to a DOC staff bathroom and did not appropriately supervise him for nearly an hour, which contributed to Bryan’s death by suicide. After being allowed into the bathroom, Bryan locked himself in, and staff took over 50 minutes to break open the door. DOC personnel subsequently called emergency medical attention, but resuscitation efforts failed. 

Comptroller Lander continued, “Since well before Kevin Bryan’s death, I have been calling out the crisis at Rikers as being out of control, yet more and more people are being sent there, and too little is being done to address the crisis. Pre-trial detention should not be a death sentence.” 

To learn more about the Comptroller’s oversight of the DOC, visit the DOC dashboard. 

Under Chapter 5, Section 93 of the New York City Charter, the Comptroller has the authority to settle claims made against the City. Claims & settlements data can be found in the Comptroller’s Annual Claims Report. 

Wave Hill Weekly Events: Nov 23 – 30 | Spend Black Friday at Wave Hill

 

This week will be quieter at Wave Hill. We will be closed for Thanksgiving but open Friday, Nov 24. Come walk off those extra calories and enjoy the beautiful views! 

Winter Haven at Wave Hill starts Dec 1 with our much-anticipated Artisan Market and wreathmaking workshops. This year, we’re adding a number of free evening events for families and fun Friday night activities to enjoy both indoors and out. Stay tuned!  

Public Gallery Tour
Free, and admission to the grounds is free on Thursdays
Registration not required 

Solo and group exhibitions at Glyndor Gallery explore the dynamic relationships between nature, culture and site. When exhibitions are on view in the spring, summer and fall, Gallery Greeters lead public exhibition tours on Thursdays and Saturdays at 2PM. Visitors can expect an in-depth look at artworks on view in Glyndor Gallery and in the Sunroom Project Space, showcasing the work of both emerging and established artists in the unique context of a public garden. Each tour lasts approximately 45 minutes.  

Public Garden Highlights Walk
Free, and admission to the grounds is free on Thursdays 

Join a knowledgeable Wave Hill Garden Guide for a leisurely stroll in the gardens. Topics vary by season and the expertise of the Guide—come back for an encore; each walk varies with the Guide leading it. This walk lasts a half-hour to 45 minutes. Severe weather cancels.  

HOURS: 10AM–4:30PM, Tuesday–Sunday  
Shuttle Service runs Thursday–Sunday 

Information at 718.549.3200. On the web at wavehill.org.  

Three Individuals Sentenced for Bribery Scheme

 

A Virginia couple and Missouri man were sentenced yesterday for conspiring to bribe a public official.

Susan May Keim, 54, of Hopewell, Virginia, was sentenced to 30 months in prison; Russell John Keim Sr., 60, also of Hopewell, was sentenced to 18 months in prison; and Rodney Gale Wilson, 67, of Imperial, Missouri, was sentenced to 45 months in prison. All three defendants pleaded guilty to conspiracy to offer bribes to a public official and to accept bribes as a public official.

According to court documents, Susan Keim and her husband Russell Keim accepted bribes from Wilson in return for Susan Keim’s award of purchase orders to Wilson’s company to sell parts and materials to U.S. Army Garrison Fort Lee (redesignated as Fort Gregg-Adams). Susan Keim worked for Skookum Educational Services, a company that contracted with the federal government to provide maintenance and supply services at Fort Lee. Under the contract, the federal government reimbursed Skookum for the cost of the supplies it purchased for Fort Lee. Wilson was the owner of C&L Supply, a company formed for the sole purpose of selling supplies to Skookum for use at Fort Lee. C&L Supply sometimes sold the supplies to Skookum at a substantial markup, a cost which was passed on to the federal government. From 2013 to 2018, in return for the award of purchase orders worth over $900,000, Wilson provided checks and cash payments to Susan and Russell Keim disguised as compensation to Russell Keim for work he purportedly performed for C&L Supply and payments for work done on a property owned by the Keims.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia, Special Agent in Charge Stanley M. Meador of the FBI Richmond Field Office, Acting Special Agent in Charge Michael C. Curran of the U.S. Army Criminal Investigation Division (CID)'s Major Procurement Fraud Field Office (MPFFO), and Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS)'s Mid-Atlantic Field Office made the announcement.

The FBI Richmond Field Office, Army CID’s MPFFO, and DCIS investigated the case.

DEC Announces "Create a Watershed Superhero" Poster Contest for Middle School Students


Jan. 12, 2024 Deadline for Poster Submissions

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and the New York Water Environment Association (NYWEA) today announced the annual “Create a Watershed Superhero” poster contest for middle school students. The Create a Watershed Superhero poster theme challenges middle school students to create their own superhero to inspire environmental stewardship.

“New York is making sustained and historic investments in water quality, helping clean waterways and restore habitats across the state,” Commissioner Seggos said. “To help grow New York’s next generation of environmental stewards, DEC’s annual ‘Create a Watershed Superhero’ poster contest encourages young people to become guardians of their watersheds and reminds all New Yorkers of the everyday actions everyone can take to protect and conserve water.”

“NYWEA is proud to take part in this poster contest with the DEC every year, and even more proud of all of the Watershed Superheroes we now have because of the involvement of the students and teachers who participated in past years,” said Khris Dodson, NYWEA’s executive director.  

Since 2004, the annual poster contest has encouraged thousands of middle school students across New York State to learn about their role in protecting their local watersheds and how to conserve and safeguard water resources, now and for future generations. This is the third year of the superhero poster contest theme. Previous themes include “We All Live in a Watershed,” “Conserve and Protect our Watersheds,” and “The Importance of Wastewater Treatment.” To participate in the 2023-24 school year contest, New York State teachers, schools, and clubs are advised to visit DEC’s website for more information.

Posters will be accepted through Jan. 12, 2024. The 14 winning posters will be featured in DEC and NYWEA’s 2025 Annual Calendar. 

The poster contest helps raise community awareness of the importance of natural resources and the DEC programs that help manage sources of water pollution and improve water quality. Many lakes and rivers are managed through watershed programs that plan and initiate activities to protect and restore water quality. DEC funds projects to conserve water and protect water quality through statewide grant funding opportunities through the Water Quality Improvement Program and upcoming Clean Water, Clean Air, and Green Jobs Environmental Bond Act funding.  

Visit the DECInfo Locator to see if an area is covered by a Clean Watershed Plan under the Environmental Monitoring layer category. To learn more about positive actions New Yorkers can take to protect New York’s waters visit DEC’s Keep Water Clean and Water Quality Management pages for more information.  

Permits Filed For 443 East 165th Street In Morrisania, The Bronx


 

Permits have been filed for a ten-story mixed-use building at 443 East 165th Street in Morrisania, The Bronx. Located between Park and Washington Avenues, the lot is near the 167th Street subway station, serviced by the B and D trains. Boris Babakhanov of Bolex GC Corp. is listed as the owner behind the applications.

The proposed 99-foot-tall development will yield 10,3952 square feet, with 70,774 square feet designated for residential space and 33,177 square feet for community facility space. The building will have 104 residences, most likely rentals based on the average unit scope of 680 square feet. The masonry-based structure will also have a cellar, a 73-foot-long rear yard, and 56 enclosed parking spaces.

Issac & Stern Architects is listed as the architect of record.

Demolition permits have not been filed yet for the parking lot on the site. An estimated completion date has not been announced.

Queens Man Pleads Guilty To Co-Leading One Of The Largest No-Fault Insurance Frauds In New York History


Damian Williams, the United States Attorney for the Southern District of New York, announced that ALEXANDER GULKAROV pled guilty to conspiracy to commit bribery, conspiracy to commit healthcare fraud, and aggravated identity theft in connection with his orchestration of a $40 million fraud targeting no-fault automobile insurance companies.  GULKAROV further admitted to obstructing law enforcement’s investigation by fabricating documents and intimidating witnesses.  


U.S. Attorney Damian Williams said: “Alexander Gulkarov was one of the leaders of a multifaceted scheme to defraud automobile insurance companies; bribe hospital employees, 911 dispatchers, and others; launder hundreds of thousands of dollars; and obstruct law enforcement.  This complex scheme resulted in over $40 million in losses, which Gulkarov used to fund his lavish lifestyle, taking luxury vacations and renovating his multimillion-dollar homeThis Office has no tolerance for those who cheat the system to wrongfully enrich themselves, and we will continue to dismantle wide-ranging schemes such as this one.” 

According to the Information to which GULKAROV pled guilty, the plea agreement, and statements made in court:  

The Healthcare Fraud Scheme

New York and New Jersey no-fault insurance laws require a driver’s automobile insurance company to pay automobile insurance claims automatically for certain types of motor vehicle accidents, provided that the claim is legitimate and below a particular monetary threshold.  Pursuant to these requirements, insurance companies will often pay medical service providers directly for the treatment they provide to automobile accident victims without the need to bill the victims themselves.  This process resolves automobile claims without apportioning blame or fault for the accident, thereby avoiding protracted disputes and the costs associated with an extended investigation of the accident. 

From 2014 through 2021, GULKAROV and others (collectively, the “Clinic Controllers”) agreed that they would unlawfully own, run, and profit from medical clinics in the New York area and that GULKAROV would also profit from pharmacies in the New York area that were unlawfully owned and controlled by other Clinic Controllers.  GULKAROV knew that clinics and pharmacies are unable to bill insurance companies for No-Fault benefits if the medical facilities are controlled by non-physicians.  GULKAROV nonetheless agreed with others to submit bills to insurance companies falsely representing that the clinics were owned and operated by licensed medical practitioners and for medical practitioners to lie under oath during Examinations under Oath about the ownership, control, and finances of the clinics.  GULKAROV personally coached medical practitioners to lie under oath.  GULKAROV and his fellow Clinic Controllers unlawfully obtained from insurance companies at least $40,000,000 as part of the scheme.

In connection with the scheme described above, GULKAROV personally approached medical practitioners, including physicians, and directed them to prescribe unnecessary medical treatments (including MRIs, EMG/NCV testing, spinal injections, and computerized radiologic mensuration analysis), unnecessary durable medical equipment (including cervical home traction devices and lumbar back support), and medically unnecessary medications (including prescription strength painkillers, topical creams, and topical gels).  GULKAROV received kickbacks from MRI facilities, pain management doctors, and other specialized care providers, who performed these unnecessary medical treatments.  GULKAROV further personally arranged for the unnecessary medications to be filled at pharmacies under the control of other Clinic Controllers.  The medical practitioners provided necessary procedures and treatments to patients as well.

GULKAROV also overbilled insurance companies for treatments provided by medical practitioners.  In connection with the scheme, GULKAROV owned and operated a billing company called “Billing for You.”  Billing for You submitted bills to insurance companies overstating the amount of time that practitioners spent treating patients.  Billing for You also used improper, unlisted billing codes to bill insurance companies in excess of what is permitted under No-Fault regulations.

The Bribery Scheme

GULKAROV and his fellow Clinic Controllers further agreed to pay bribes in connection with the above-described scheme.  From at least 2014 through November 2019, GULKAROV agreed with others to pay bribes to hospital employees, 911 dispatchers, and other individuals for the confidential names and numbers of motor vehicle accident victims.  As part of the scheme, GULKAROV and others provided approximately $150,000 for the creation of a call center, operated by Anthony Rose, a/k/a “Todd Chambers,” that called victims and lied to them to induce victims to receive medical treatment at, among other places, clinics controlled by GULKAROV and his associates.  GULKAROV further personally paid Anthony Rose hundreds of thousands of dollars in bribe payments in cash.

As part of the scheme, GULKAROV arranged for a New York City police officer to provide confidential information from New York City Police Department (“NYPD”) servers.  In particular, this officer sent GULKAROV over 400 photos of confidential NYPD motor vehicle accident reports using the encrypted messaging application, WhatsApp.  GULKAROV then re-transmitted the reports to Rose and others so that they could call patients, lie to them, and direct them to clinics controlled by GULKAROV and others.

Money Laundering and Obstruction Conduct

GULKAROV laundered the proceeds of the bribery and healthcare fraud from the bank accounts of the medical clinics and pharmacies to personal accounts using a variety of methods.  Among other things, GULKAROV personally told medical practitioners to sign blank checks from the clinics’ bank accounts, which GULKAROV used to pay personal expenses such as luxury vacations around the world, expensive meals, jewelry, and parties.  GULKAROV also used the blank checks to pay for hundreds of thousands of dollars of construction-related expenses for this three-story, multimillion-dollar home in Queens, New York.

GULKAROV arranged for checks from the clinics’ bank accounts to be cashed at over a dozen shell companies under his control or the control of co-conspirators, including, for instance, “Sign N Drive Auto GRP,” “Transport on Wheels,” and “Sancus Consulting & Trading Inc.”  Over two dozen of these shell companies were opened by foreign nationals, who entered the country on tourism visas, opened bank accounts for the shell companies, provided the debit cards to GULKAROV’s coconspirators, and then left the country.

GULKAROV additionally agreed to use Wisnicki & Associates and Wisnicki Neuhauser (collectively, the “Wisnicki Firm”) to launder proceeds from the No-Fault scheme.  GULKAROV and his fellow Clinic Controllers wrote over $150,000 in checks to the Wisnicki Firm from the No-Fault clinics’ bank accounts.  The Wisnicki Firm did not provide any legal services to the No-Fault clinics.  Instead, the Wisnicki Firm used this money to purchase real estate for one of GULKAROV’s coconspirators.  GULKAROV and his coconspirators deducted the payments to the Wisnicki Firm on the clinics’ tax returns as legal expenses.

Lastly, GULKAROV engaged in a multi-month obstruction scheme beginning in February 2021.  In February and March 2021, the Government served grand jury subpoenas on the medical practitioners involved in the No-Fault scheme.  GULKAROV immediately contacted at least half-a-dozen of his coconspirators and ordered them not to speak with law enforcement.  In return, GULKAROV gave his coconspirators money to pay for attorneys.  GULKAROV also obtained the phones of multiple practitioners and deleted his communications with them from their devices. 

Thereafter, on or about April 1, 2021, the Government served a grand jury subpoena on the Wisnicki Firm for documentation surrounding the $150,000 in payments made from the clinics to the Wisnicki Firm.  GULKAROV agreed with others that the Wisnicki Firm would fabricate retainer agreements for transmission to the grand jury.  The fabricated retainer agreements, which were backdated to 2016 and 2017, falsely represented that the No-Fault clinics had retained the Wisnicki Firm for legal services.

During the following months, in or about April and May 2021, GULKAROV approached multiple medical practitioners and ordered them to sign the backdated, fabricated retainer agreements.  The medical practitioners complied.  GULKAROV also provided these medical practitioners with checks, written from the Wisnicki Firm, returning the purported “retainer fees” paid to the Wisnicki Firm.  GULKAROV ordered the medical practitioners to deposit the checks, withdraw the money in small cash increments, and return the cash to GULKAROV.  At least one medical practitioner complied.

ALEXANDER GULKAROV, 37, of Queens, New York, pled guilty to one count of conspiracy to commit bribery, which carries a maximum sentence of five years in prison; one count of conspiracy to commit healthcare fraud, which carries a maximum sentence of five years in prison; and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison to run consecutively to any other prison term imposed.  As part of his plea agreement with the Government, GULKAROV agreed to pay forfeiture of $40,000,000 and restitution of $40,000,000.

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

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

BROOKLYN MAN SENTENCED TO 25 YEARS IN PRISON FOR STRANGLING WOMAN; HER TWO YOUNG CHILDREN WERE LOCKED IN APARTMENT WITH HER BODY FOR A DAY

 

 Bronx District Attorney Darcel D. Clark announced that a Brooklyn man has been sentenced to 25 years in prison for first-degree Manslaughter in the fatal strangling of a Bronx mother in 2019.

 District Attorney Clark said, “A 5-year-old-boy and his 3-year-old sister were home when their mother was killed, and then left alone for a day with her body before they were discovered. The boy, now nine years old, bravely testified at the trial and helped get justice for his mother. The defendant will now serve many years in prison for this horrendous act.”

 District Attorney Clark said the defendant, Asun Thomas, 49, of Porter Avenue, Brooklyn, was sentenced  to 25 years in prison and five years post-release supervision by Bronx Supreme Court Justice Jeanette Rodriguez-Morick. The defendant was found guilty by a jury of first-degree Manslaughter on October 12, 2023, the four-year anniversary of the killing.

 According to the investigation, on October 12, 2019, at approximately 7:45 A.M. inside of 519 E. 187th Street, the defendant, who was released in 2016 from a prison sentence for Manslaughter, fatally strangled Luz Miriam Perez, 40, an acquaintance. The victim’s children, her 5-year-old son and her 3-year-old daughter, were both home at the time.

 After killing the victim, the defendant exited the apartment and fled the scene, leaving the children stranded inside the locked apartment with their deceased mother. They were not discovered until the next day, over 24 hours later, when a passerby observed the children banging on the apartment window calling for help. The defendant surrendered himself to the 48th Precinct on December 24, 2019.

 District Attorney Clark thanked NYPD Detective Andrew Snider of the 48th Precinct Squad and NYPD Detective Sean Butler of Bronx Homicide for their work in the investigation.

Governor Hochul Announces Completion of 96-Unit Affordable and Supportive Housing Development in the Bronx

Opening of Grand Concourse housing development

2050 Grand Concourse Brings Affordable Apartments to Fordham Heights, Including 58 With Supportive Services

Highly Energy Efficient, All-Electric Development Awarded $750,000 From State’s Buildings of Excellence Competition

Governor Kathy Hochul announced the completion of 2050 Grand Concourse, an affordable and supportive housing development with 96 apartments in the Bronx’s Fordham Heights neighborhood. The all-electric development was awarded funding from the State’s Buildings of Excellence Competition, which aims to advance zero-carbon multifamily buildings in New York.

“With this new housing development in the Bronx, we’re helping more New Yorkers access the high quality, supportive, and affordable housing they deserve,” Governor Hochul said. “These 96 homes will not only transform lives and set residents on a path to stability and success, but thanks to the development’s energy efficient design, we’re also building a stronger, healthier, and greener community for all.”

In the last five years, New York State Homes and Community Renewal has created or preserved 14,700 affordable homes in the Bronx. 2050 Grand Concourse continues this effort and complements Governor Hochul's $25 billion comprehensive Housing Plan to create or preserve 100,000 affordable homes across New York, including 10,000 with support services for vulnerable populations, plus the electrification of an additional 50,000 homes.

2050 Grand Concourse was awarded $750,000 through the State’s inaugural Buildings of Excellence Competition. Administered by the New York State Energy Research and Development Authority, this one-of-a-kind competition advances Governor Hochul's goal to achieve two million climate-friendly homes by 2030 and supports the State's nation-leading Climate Leadership and Community Protection Act goal to reduce greenhouse gas emissions 85 percent by 2050.

Energy efficiency measures include high-performance exterior insulation; solar panels; Energy Star windows, lighting, and appliances; high-efficiency HVAC systems; low-flow plumbing fixtures; sustainable building products; construction waste management systems; low-VOC paints, solvents, and adhesives; and recycled building materials.

In addition to the 96 apartments, the building includes a 10,000-square-foot community facility space that serves as the new headquarters for Unique People Services, Inc., a Bronx-based nonprofit organization that will provide social services for residents and the broader community.

There are 58 apartments reserved for adults who have access to on-site supportive services such as care coordination, vocational training, transportation, food and nutrition education, health promotion and education, home-making assistance, and counseling.

Rental subsidies and services for 28 supportive units are funded through an Empire State Supportive Housing Initiative award administered by the New York State Office of Mental Health and 30 units are funded through an HIV/AIDS Services Administration award administered by the New York City Human Resources Administration.

The remaining apartments are affordable to households earning at or below 80 percent of the Area Median Income. Residential amenities include a large community room with kitchen, a laundry facility, storage rooms, and two landscaped rooftop terraces.

The developers are Unique People Services and Robert Sanborn Development.

State financing for the $61.4 million development included $7.4 million in permanent tax-exempt bonds, $21.3 million in federal Low-Income Housing Tax Credits, and $21.2 million in subsidy from New York State Homes and Community Renewal. The New York State Office of Temporary and Disability Assistance provided $5.5 million from the Homeless Housing and Assistance Program. OMH provided startup expenses for the ESSHI units totaling $253,000. NYSERDA provided $77,600 through the Multifamily New Construction Program, $136,000 through the Real-Time Energy Management Program, and $49,300 in funding through NY Sun’s Multifamily Affordable Housing Incentive. The Local Initiatives Support Corporation provided $1.9 million.