Permits Filed For 1678 Davidson Avenue In Morris Heights, The Bronx

 

Permits have been filed to expand a two-story structure into a four-story residential building at 1678 Davidson Avenue in Morris Heights, The Bronx. Located between West 174th Street and West 176th Street, the lot is near the 176th Street subway station, serviced by the 4 train. Isaac Kritzler is listed as the owner behind the applications.

The proposed 52-foot-tall development will yield 7,715 square feet designated for residential space. The building will have 17 residences, most likely rentals based on the average unit scope of 453 square feet. The concrete-based structure will also have a cellar, penthouse, and a 39-foot-long rear yard.

Nikolai Katz Architect is listed as the architect of record.

Demolition will likely not be needed as the permit calls for an expansion. An estimated completion date has not been announced.

Attorney General James Takes Historic Action Against PepsiCo for Endangering the Environment and Public Health With Plastic Pollution

 

Hundreds of PepsiCo Products Found Along Buffalo River, Jeopardizing the Environment and Public Health

AG James’ Lawsuit Charges PepsiCo with Harming the Public and Failing to Warn Consumers of Environmental and Health Threats of its Single-Use Plastic Packaging

New York Attorney General Letitia James today filed a historic and groundbreaking lawsuit against PepsiCo Inc. (PepsiCo) for harming the public and the environment with its single-use plastic packaging. The Office of the Attorney General (OAG) found that single-use plastic produced by PepsiCo contributes significantly to high levels of plastic pollution along the Buffalo River, pollution that is contaminating drinking water and harming wildlife. The lawsuit alleges that PepsiCo substantially causes public harm in Buffalo, has failed to warn consumers about the potential health and environmental risks of its single-use plastic packaging, and misleads consumers and the public about its efforts to combat plastic pollution. Through this lawsuit, Attorney General James seeks to require PepsiCo to end practices that threaten the environment and the public and to obtain disgorgement, civil penalties, and restitution for the damage inflicted upon New York’s communities and environment. 

“No company is too big to ensure that their products do not damage our environment and public health. All New Yorkers have a basic right to clean water, yet PepsiCo’s irresponsible packaging and marketing endanger Buffalo’s water supply, environment, and public health,” said Attorney General James. “No one should have to worry about plastics in their drinking water, plastic garbage littering their scenic riverfront, or plastic pollution harming wildlife. I will never hesitate to take on major corporations that put the health and safety of everyday New Yorkers and our planet at risk.”

PepsiCo’s Plastic Problem  

PepsiCo, which is headquartered in New York state, manufactures, produces, and packages at least 85 different beverage brands and 25 snack food brands that predominantly come in single-use plastic containers. Plastic packaging has become a persistent and dangerous form of pollution along the shores of the Buffalo River and in its watershed. In 2022, OAG conducted a survey of all types of waste collected at 13 sites along the Buffalo River and its tributaries and found that PepsiCo’s single-use plastic packaging was the most significant. Of the 1,916 pieces of plastic trash collected with an identifiable brand, over 17 percent were produced by PepsiCo. PepsiCo’s plastic packaging far exceeded any other source of this identifiable plastic waste along the river, and it was three times more abundant than the next highest contributor.  

From 2013 to 2022, approximately 78 percent of waste collected by Buffalo Niagara Waterkeeper volunteers in the Buffalo River watershed was plastic. Single-use plastic packaging for food and beverages, including food wrappers, plastic bottles, and bottle caps of the types produced by PepsiCo were found in significant amounts every year. Once in the environment, single-use plastic packaging quickly starts to break down and release dangerous microplastics.  

A nationwide study by the non-governmental organization Break Free From Plastic aggregated 2,125,415 items of plastic waste from 2,373 separate collections across the United States from 2018 to 2022. In each year, the study documented PepsiCo as either the number one or number two producer of branded plastic trash collected across the United States. Large quantities of microplastics have been found in the Buffalo River, and an analysis of those fragments has confirmed the presence of microplastics from snack food wrappers and polymers of the type used in PepsiCo’s plastic beverage bottles and bottle caps.

Mallard ducks feeding in a mass of floating waste.

 

Plastic waste collected in April 2022 from the Erie Basin Marina in the City of Buffalo, 

including Gatorade bottles and Lay’s potato chip packaging produced by PepsiCo.

 

Threats Posed by Plastic in the Environment 

Plastic pollution along the Buffalo River poses wide-ranging public health and environmental threats. The city of Buffalo sources its drinking water from Lake Erie, less than a mile from the mouth of the Buffalo River, and microplastics have been detected in the city’s drinking water supply. Microplastics have also been detected in fish species that are known to inhabit Lake Erie and the Buffalo River, many of which are food sources for the local community. Humans consume microplastics that contaminate our food and water. Once ingested, microplastics permeate deep into our bodies, blood, and organs, and can even be transferred through the placenta into unborn children. Exposure to microplastics and the chemicals they carry can cause a wide range of adverse health effects, from reproductive dysfunction to inflammation of the intestine and neurotoxic effects.  

In addition to negative effects on human health, research surrounding the impact of plastic and microplastic pollution shows negative impacts occurring on a wide range of species living in freshwater and terrestrial habitats due to exposure to various plastic polymers. Microplastics contaminate every level of the food web in the Great Lakes, and both plastic fragments and the chemicals they carry can bioaccumulate in freshwater species. At least 206 freshwater species have been found to ingest or become entangled in plastic, with many adverse and even lethal effects.   

OAG Legal Claims 

The lawsuit alleges that PepsiCo has significantly contributed to, and continues to contribute to, the existence of a public nuisance that injures the community living in the city of Buffalo and the environment. PepsiCo has also misled the public about the effectiveness of its plastic recycling and its efforts to combat plastic pollution. For example, PepsiCo’s statements have misled consumers and the public by creating the impression that the company was making meaningful progress toward reducing the use of non-recycled (virgin) plastic in its packaging, but no such progress is being made. On the contrary, for the last four years, PepsiCo’s use of virgin plastic has increased year by year. In 2022 alone, PepsiCo acknowledged that its use of virgin plastic in its plastic packaging increased by 11 percent. Attorney General James also charges that PepsiCo failed to warn its consumers about the risk of harm to human health and the environment posed by its packaging. PepsiCo’s failure to warn consumers and its misleading public statements violate New York General Business Law § 349 and New York Executive Law § 63(12). 

Through this lawsuit, Attorney General James is asking the court to require PepsiCo to cease contributing to the public nuisance it is causing in the Buffalo region, remediate the contamination it caused, and identify and implement measures to reduce the quantity of PepsiCo’s plastic packaging entering the Buffalo River. The lawsuit further seeks to stop PepsiCo from selling or distributing any product in the Buffalo region in single-use plastic packaging that does not contain an adequate warning. The lawsuit also seeks disgorgement, civil penalties, and restitution.   

“Our Buffalo community fought for over 50 years to secure hundreds of millions of dollars to clean up toxic pollution, improve habitat, and restore communities around the Buffalo River,” said Jill Jedlicka, Executive Director of Buffalo Niagara Waterkeeper. “As a Great Lakes city that has been oppressed for too long by the environmental damage left from our industrial hangover, we will not sit idly by as our waterways become polluted again, this time from ever-growing single-use plastic pollution. Buffalo Niagara Waterkeeper has coordinated annual shoreline sweeps for over 20 years, and single-use plastic bottles and wrappers constitute the majority of the items we collect. We are pleased to be able to contribute citizen science data to the actions taken by the New York State Attorney General, and we applaud her for holding producers accountable for this relentless assault on our environment and local waterways.”

Statement from Governor Kathy Hochul on Resumption of Service at Port Authority Bus Terminal

"I have been briefed on the suspicious package at the Port Authority Bus Terminal that has led to the evacuation of the terminal. Thanks to the efforts of the Port Authority Police and the NYPD, the suspicious package has been found and cleared from the area. Normal operations of the bus terminal are now resuming.

"We are grateful to our first responders for their speedy, effective response to this potential threat. Public safety is my top priority, and I will continue doing everything in my power to ensure New Yorkers have the safe, reliable transit service they deserve."

MAYOR ADAMS, UNION, FILM AND TV INDUSTRY PARTNERS BREAK GROUND ON NEW PRODUCTION CAMPUS IN QUEENS

 

Will Create More Than 1,500 Jobs, Build on Momentum in Film and TV Production Following End of SAG-AFTRA and WGA Strikes

 

Part of Mayor Adams’ “Working People’s Tour,” After City Set All-Time High Total Jobs Record and Recovered All of Nearly 1 Million Jobs Lost During Pandemic

Surrounded by labor leaders and partners from the film and TV industry, New York City Mayor Eric Adams today was joined by New York City Economic Development Corporation (NYCEDC) President and CEO Andrew Kimball, Mayor’s Office of Media and Entertainment (MOME) Commissioner Pat Kaufman, and East End Studios to break ground on a film and TV-ready production studio in Sunnyside, Queens that will create nearly 1,000 construction jobs and roughly 750 permanent, full-time jobs. The city’s film and TV production industry employs more than 185,000 New Yorkers.

The start of construction — which follows a similar milestone at another campus at Pier 94 Manhattan — kicks off the return of the city’s film and TV production industry, after the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and Writer’s Guild for America (WGA) ended their respective strikes this fall. It also marks a key stop on Mayor Adams’ “Working People’s Tour,” continuing to create jobs and power New York City’s economic recovery after the city set an all-time high job record with 4.7 million total jobs, recovering the nearly 1 million jobs lost during the COVID-19 pandemic.

“Thanks to SAG-AFTRA and the Writers Guild of America securing fair deals for their workers, film and TV production is back in New York City — helping more than 185,000 New Yorkers get back to work,” said Mayor Adams. “New York City is back, but our work is not done until every New Yorker has a pathway to success. We’re thrilled to see East End Studios bringing more than 1,500 jobs to the city and joining the ecosystem of successful local production spaces that are continuing to elevate Western Queens as a worthy rival of Hollywood.”

“As we continue our Working People’s Tour in celebration of hitting a new all-time job record in New York City, we are thrilled our unions and studios have reached agreements and we welcome the return of film and TV production — a vital component of New York City’s Economy,” said Deputy Mayor for Housing, Economic Development, and Workforce Maria Torres-Springer. “The East End Studios Sunnyside Campus will build on New York City’s strong foundation of local production facilities that keeps world-leading productions and a family-sustaining jobs in New York City.”

“NYCEDC celebrates the East End Studios Sunnyside Campus groundbreaking and is thrilled with the progress made on this new state-of-the-art film- and TV-ready production studio that was just announced over the summer,” said NYCEDC President and CEO Kimball. “With the development of the new East End Studios facility here in Queens, and the recent groundbreaking of Sunset Pier 94 Studios — the first purpose-built studio campus in Manhattan — last month, film and TV production continues to be a huge driver of New York City’s economy, providing good-paying jobs for New Yorkers across the five boroughs.”

“Today’s groundbreaking at the new East End Studios Sunnyside Campus is not only an indication of this city’s commitment to the future of our world-famous film and TV industry, but also a moment to celebrate the historic resolution of the 118-day SAG-AFTRA strike,” said MOME Commissioner Kaufman. “Combined with the recent expansion of the New York state film tax credit, today’s groundbreaking will serve as an economic driver for local businesses, create jobs for New Yorkers, and further our city’s reputation as a global creative capital.”

“New York City has profound unmet demand for best-in-class, fully integrated stage campuses. Our Sunnyside Campus will provide an elevated standard of workflow that doesn’t exist in any New York City stage at this time,” said Jonathon Yormak, founding partner, East End Studios. “East End Studios is exceptionally proud to participate in the city’s ever-growing place in the production landscape. We are honored to acknowledge today’s milestone with our valued partners at the New York City Economic Development Corporation, the New York City Industrial Development Agency, and the Mayor’s Office of Media and Entertainment.”

Rendering of the East End Studios Sunnyside Campus, set to be complete in early 2025.

The East End Studios Sunnyside Campus will be a 340,000-square-foot, Class A facility with three full-service, ground-floor soundstages totaling 75,000 square feet. The project also houses a 15,000-square-foot rooftop flex-stage that offers sweeping views of the Queens, Brooklyn, and Manhattan skylines. The stages are supported by 125,000 square feet of production, office, and mill spaces. Like all of East End Studios’ projects, the Sunnyside facility will be fully integrated with extended reality and virtual reality infrastructure, including the capability to shoot on a virtual stage and high-speed fiber connectivity with scalable production-level internet.

The project — with a total cost of approximately $275 million — is expected to be completed by the first quarter of 2025. The New York City Industrial Development Agency— which supports business growth, relocation, and expansion across the five boroughs by lowering the cost of capital investment — provided financial support.

New York City’s film and TV industry has grown significantly over the last decade, supporting 185,000 jobs, generating over $18 billion in wages, and contributing more than $82 billion in economic impact. After struggling during the pandemic, the city’s arts and entertainment sector continues to show positive momentum in its jobs recovery under the Adams administration — growing nearly 16 percent between May 2022 and May 2023 — and recovering nearly 46,000 jobs since the start of the pandemic.

“The WGA East is committed to supporting a film and television community that can thrive and create jobs here in New York,” said Lisa Takeuchi Cullen, president, Writers Guild of America (WGA) East. “Now that writing services are a qualified, covered expense under the New York State Film Tax Credit Program, we are hopeful that more writers' rooms will be located in New York, bringing more productions and filling soundstages like the new East End Studios Sunnyside Campus.”

"Theatrical Teamsters Local 817 is excited about East End Studios coming online,” said Tom O’Donnell, president, Theatrical Teamsters Local 817. “Its opening further cements New York City as the go-to location for episodic production.”

"I'm a proud graduate of the 'Made in NY' Production Assistant training program, which opened the door for me 11 years ago into New York City’s film and TV industry and I have never looked back," said Julian "Jay" Montoya, graduate, Made in NY. "Thank goodness that the strikes are over so that this new studio, located right here in Sunnyside, Queens, can provide opportunities for me to work."

Governor Hochul Announces Increased Enrollment Across SUNY Campuses

 

For First Time in a Decade, Year-to-Year Total System-Wide Enrollment Increased

Undergraduate First-Time Student Enrollment Up Across All Sectors, 4.3 Percent System-Wide from Fall 2022 to Fall 2023

SUNY’s Enrollment Data Can Be Found Here

Governor Kathy Hochul today announced increased enrollment across the State University of New York campuses. For the first time in a decade, year-to-year total system-wide student enrollment increased, up 1.1 percent overall from Fall 2022 to Fall 2023 for a total of 367,542 students. Undergraduate first-time enrollment – a leading indicator – was up across all sectors at 4.3 percent, a promising increase as SUNY works to fulfill the Governor’s vision to transform higher education into a path to upward mobility. The technology sector showed the strongest increase at 13.3 percent, followed by community colleges at 3.9 percent.

“New York continues to make important progress towards building the best public higher education system in the country and as a result, more young students are choosing SUNY,” Governor Hochul said. “I know firsthand that access to higher education is an engine for social mobility. That’s why I will continue to make important investments in our higher education systems and take steps to ensure college is affordable and accessible for students of all backgrounds.”

SUNY Chancellor John B. King, Jr. presented the enrollment data during a special meeting of the SUNY Board of Trustees. His presentation can be found at this link here, which provides a breakdown per sector and by campus.

SUNY Chancellor King said, “There is a place at SUNY for every New Yorker, and the great news is that more students across the state are discovering their SUNY success stories. Governor Hochul and the legislature have made a significant investment in higher education, and we are pleased to see more New Yorkers taking advantage of everything our campuses have to offer—an excellent and affordable education that can empower them to pursue their career and life goals. We will continue reaching out to students and adult learners across our state to ensure they know about the opportunities on our campuses and the financial aid available to help get them there.”

Attorney General James Takes Historic Action Against PepsiCo for Endangering the Environment and Public Health With Plastic Pollution

 

Hundreds of PepsiCo Products Found Along Buffalo River, Jeopardizing the Environment and Public Health

AG James’ Lawsuit Charges PepsiCo with Harming the Public and Failing to Warn Consumers of Environmental and Health Threats of its Single-Use Plastic Packaging

New York Attorney General Letitia James today filed a historic and groundbreaking lawsuit against PepsiCo Inc. (PepsiCo) for harming the public and the environment with its single-use plastic packaging. The Office of the Attorney General (OAG) found that single-use plastic produced by PepsiCo contributes significantly to high levels of plastic pollution along the Buffalo River, pollution that is contaminating drinking water and harming wildlife. The lawsuit alleges that PepsiCo substantially causes public harm in Buffalo, has failed to warn consumers about the potential health and environmental risks of its single-use plastic packaging, and misleads consumers and the public about its efforts to combat plastic pollution. Through this lawsuit, Attorney General James seeks to require PepsiCo to end practices that threaten the environment and the public and to obtain disgorgement, civil penalties, and restitution for the damage inflicted upon New York’s communities and environment. 

“No company is too big to ensure that their products do not damage our environment and public health. All New Yorkers have a basic right to clean water, yet PepsiCo’s irresponsible packaging and marketing endanger Buffalo’s water supply, environment, and public health,” said Attorney General James. “No one should have to worry about plastics in their drinking water, plastic garbage littering their scenic riverfront, or plastic pollution harming wildlife. I will never hesitate to take on major corporations that put the health and safety of everyday New Yorkers and our planet at risk.”

PepsiCo’s Plastic Problem  

PepsiCo, which is headquartered in New York state, manufactures, produces, and packages at least 85 different beverage brands and 25 snack food brands that predominantly come in single-use plastic containers. Plastic packaging has become a persistent and dangerous form of pollution along the shores of the Buffalo River and in its watershed. In 2022, OAG conducted a survey of all types of waste collected at 13 sites along the Buffalo River and its tributaries and found that PepsiCo’s single-use plastic packaging was the most significant. Of the 1,916 pieces of plastic trash collected with an identifiable brand, over 17 percent were produced by PepsiCo. PepsiCo’s plastic packaging far exceeded any other source of this identifiable plastic waste along the river, and it was three times more abundant than the next highest contributor.  

From 2013 to 2022, approximately 78 percent of waste collected by Buffalo Niagara Waterkeeper volunteers in the Buffalo River watershed was plastic. Single-use plastic packaging for food and beverages, including food wrappers, plastic bottles, and bottle caps of the types produced by PepsiCo were found in significant amounts every year. Once in the environment, single-use plastic packaging quickly starts to break down and release dangerous microplastics.  

A nationwide study by the non-governmental organization Break Free From Plastic aggregated 2,125,415 items of plastic waste from 2,373 separate collections across the United States from 2018 to 2022. In each year, the study documented PepsiCo as either the number one or number two producer of branded plastic trash collected across the United States. Large quantities of microplastics have been found in the Buffalo River, and an analysis of those fragments has confirmed the presence of microplastics from snack food wrappers and polymers of the type used in PepsiCo’s plastic beverage bottles and bottle caps.

Mallard ducks feeding in a mass of floating waste.

 

Plastic waste collected in April 2022 from the Erie Basin Marina in the City of Buffalo, including Gatorade bottles and Lay’s potato chip packaging produced by PepsiCo.

 

Threats Posed by Plastic in the Environment 

Plastic pollution along the Buffalo River poses wide-ranging public health and environmental threats. The city of Buffalo sources its drinking water from Lake Erie, less than a mile from the mouth of the Buffalo River, and microplastics have been detected in the city’s drinking water supply. Microplastics have also been detected in fish species that are known to inhabit Lake Erie and the Buffalo River, many of which are food sources for the local community. Humans consume microplastics that contaminate our food and water. Once ingested, microplastics permeate deep into our bodies, blood, and organs, and can even be transferred through the placenta into unborn children. Exposure to microplastics and the chemicals they carry can cause a wide range of adverse health effects, from reproductive dysfunction to inflammation of the intestine and neurotoxic effects.  

In addition to negative effects on human health, research surrounding the impact of plastic and microplastic pollution shows negative impacts occurring on a wide range of species living in freshwater and terrestrial habitats due to exposure to various plastic polymers. Microplastics contaminate every level of the food web in the Great Lakes, and both plastic fragments and the chemicals they carry can bioaccumulate in freshwater species. At least 206 freshwater species have been found to ingest or become entangled in plastic, with many adverse and even lethal effects.   

OAG Legal Claims 

The lawsuit alleges that PepsiCo has significantly contributed to, and continues to contribute to, the existence of a public nuisance that injures the community living in the city of Buffalo and the environment. PepsiCo has also misled the public about the effectiveness of its plastic recycling and its efforts to combat plastic pollution. For example, PepsiCo’s statements have misled consumers and the public by creating the impression that the company was making meaningful progress toward reducing the use of non-recycled (virgin) plastic in its packaging, but no such progress is being made. On the contrary, for the last four years, PepsiCo’s use of virgin plastic has increased year by year. In 2022 alone, PepsiCo acknowledged that its use of virgin plastic in its plastic packaging increased by 11 percent. Attorney General James also charges that PepsiCo failed to warn its consumers about the risk of harm to human health and the environment posed by its packaging. PepsiCo’s failure to warn consumers and its misleading public statements violate New York General Business Law § 349 and New York Executive Law § 63(12). 

Through this lawsuit, Attorney General James is asking the court to require PepsiCo to cease contributing to the public nuisance it is causing in the Buffalo region, remediate the contamination it caused, and identify and implement measures to reduce the quantity of PepsiCo’s plastic packaging entering the Buffalo River. The lawsuit further seeks to stop PepsiCo from selling or distributing any product in the Buffalo region in single-use plastic packaging that does not contain an adequate warning. The lawsuit also seeks disgorgement, civil penalties, and restitution.  

California Skilled Nursing Facilities, Owner and Management Company Agree to $45.6 Million Consent Judgement to Settle Allegations of Kickbacks to Referring Physicians

 

Prema Thekkek, her management company, Paksn Inc., and six skilled nursing facilities (SNFs) owned by Thekkek and/or operated by Paksn have agreed to enter into a $45.6 million consent judgment to resolve allegations that they submitted or caused the submission of false claims to Medicare by paying kickbacks to physicians to induce patient referrals. The six settling SNFs are Kayal Inc. (doing business as Bay Point Healthcare Center), Nadhi Inc. (doing business as Gateway Care & Rehabilitation Center), Oakrheem Inc. (doing business as Hayward Convalescent Hospital), Bayview Care Inc. (doing business as Hilltop Care and Rehabilitation Center), Aakash Inc. (doing business as Park Central Care & Rehabilitation Center) and Nasaky Inc. (doing business as Yuba Skilled Nursing Center) (collectively the SNF Defendants).

The Anti‑Kickback Statute prohibits offering or paying remuneration to induce the referral of items or services covered by Medicare, Medicaid and other federally funded health care programs. It is intended to ensure that medical decision-making is based on the best interests of patients and not compromised by improper financial incentives to providers.

From 2009 to 2021, the SNF Defendants, under the direction and control of Thekkek and Paksn, systematically entered into medical directorship agreements with physicians that purported to provide compensation for administrative services, but in reality were vehicles for the payment of kickbacks to induce the physicians to refer patients to the six SNFs. Specifically, the defendants hired physicians who promised in advance to refer a large number of patients to the SNFs, paid physicians in proportion to the number of their expected referrals and terminated physicians who did not refer enough patients.

On one occasion, a Paksn employee told Thekkek that two physicians were being hired because “they are promising at least 10 patients for $2000 per month,” to which Thekkek responded, “good job. Make sure they give you patients everyday. [W]e can also expand to other buildings with them, if possible.” On another occasion, an employee informed Thekkek that the defendants previously had paid a certain doctor “$1500 each month and he only send [sic] us 2 patients[,] so we didn’t pay him anything from Jan[uary] onwards.” On a third occasion, Thekkek rejected a proposed stipend for a new medical director, explaining that the defendants had paid the previous medical director that amount because “we were getting admission[s] from him,” whereas she did not expect the new medical director to refer many patients. More generally, Thekkek complained that if her employees did not pay medical directors promptly every month, “[t]hese doctors will not give us patients.”

“Kickbacks can impair the independence of physician decision-making and waste taxpayer dollars,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to preventing illegal financial relationships that undermine the integrity of our public health care programs.”

“The administrators and beneficiaries of the Medicare Program expect that providers will make decisions based on sound medical judgment, not their personal self-interest” said U.S. Attorney Martin Estrada for the Central District of California. “As this case demonstrates, our office will take decisive action to address allegations that medical providers are paying or receiving improper financial benefits that could impact care provided to patients.”

“Kickbacks impose hidden costs on the health care system and compromise medical decision-making,” said Special Agent in Charge Timothy B. DeFrancesca of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “Working tirelessly with our law enforcement partners, HHS-OIG will continue to combat the waste of valuable taxpayer dollars and protect the integrity of federal health care programs.”

Under the settlement announced today, in addition to entering into a $45,645,327.25 consent judgment, the defendants will make scheduled payments to the United States of at least $385,000 over the next five years. That payment schedule was negotiated based on the defendants’ lack of ability to pay.

The settlement stems from a whistleblower complaint filed in 2015 by Paksn’s former Vice President of Operations and Chief Operating Officer, Trilochan Singh, pursuant to the qui tam provisions of the False Claims Act, which permit private persons to bring a lawsuit on behalf of the government and to share in the proceeds of the suit. The Act also permits the government to intervene and take over the lawsuit, as it did in this case as to some of Singh’s allegations.

In addition to resolving their False Claims Act liability, the defendants have entered into a five-year corporate integrity agreement with the HHS-OIG which requires, among other compliance obligations, an Independent Review Organization’s review of their physician relationships.

The United States’ intervention and settlement in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to HHS, at 800‑HHS‑TIPS (800-447-8477).

HHS-OIG investigated the case.

The matter was handled by attorneys Matthew Oster, Lindsey Roberts, Jessica Sarkis and Rohith Srinivas, and senior financial analyst Karen Sharp, of the Civil Division’s Fraud Section, and Assistant U.S. Attorneys Kent Kawakami and Karen Paik, and auditor John Powers, for the Central District of California.

The claims resolved by this settlement are allegations only. There has been no determination of liability.

NYCHCC & FORDHAM UNIVERSITY FULL RIDE SCHOLARSHIP TO A MASTER'S IN CYBER SECURITY - 2024

 

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