VCJC News & Notes 12/1/23

Van Cortlandt Jewish Center
News and Notes

Here's this week's edition of the VCJC News and Notes email. We hope you enjoy it and find it useful!

Reminders

1. Shabbos
   
   
   Shabbos information is, as always, available on our website, both in the information sidebar and the events calendar.
   Here are the times you need:  
   Shabbos Candles Friday 12/1/23 @ 4:11 pm
   Shabbos morning services at 8:40 am.  Please join the services if you can do so safely. 
   Shabbos Ends Saturday date @ 5:14 pm
    

2. Sisterhood meeting, Sunday 12/3/23 at 11:00 AM
   

3. First Chanukah Candle, Thursday 12/7
   Second candle on 12/8 should be lit before the Shabbos candles
   The Sisterhood is selling Chanukah candles in the office.

4. Chanukah Party, Tuesday 12/12/23
   Night of the Sixth Candle at 7PM
   Entertainment by Chaim Zadok, Latkes and Jelly Doughnuts, Raffle with great prizes.  
   Free Admission

Our mailing address is:

Van Cortlandt Jewish Center

3880 Sedgwick Ave

Bronx, NY 10463

MAYOR ADAMS CELEBRATES WIN FOR DELIVERY WORKERS, COURT ALLOWS NATION’S FIRST MINIMUM PAY RATE FOR APP-BASED RESTAURANT DELIVERY WORKERS

 

New York City Mayor Eric Adams celebrated a win for working New Yorkers with two rulings from the Supreme Court of the State of New York Appellate Division, First Judicial Department that allow enforcement of the nation’s first minimum pay rate for third-party app-based restaurant delivery workers. The rulings follow an earlier ruling in the city’s favor from the New York State Supreme Court in September 2023. In line with the rulings, apps — including Uber, DoorDash, and Grubhub — must pay workers at least $17.96 per hour, increasing to $19.96 per hour when fully implemented in 2025 and adjusted annually for inflation. 

 

“Our delivery workers have consistently delivered for us — now, we are delivering for them,” said Mayor Adams. “This court decision is yet another promise made and promise kept by our administration on behalf of working New Yorkers, and it is a powerful tool to hold apps accountable. This minimum pay rate will guarantee our delivery workers and their families can earn a living and keep our city’s legendary restaurant industry going strong.” 

 

“Delivery workers are a critical part of our city’s workforce and play a critical role in our local economy, yet to date, they have not been able to earn a living wage,” said Deputy Mayor for Housing, Economic Development, and Workforce Maria Torres-Springer. “We are grateful for the appellate court’s decision today and expect the delivery apps to start implementing the minimum pay rate immediately. When we lift up working New Yorkers, the whole city succeeds.” 

 

“Today’s appellate court decision represents a win for all working New Yorkers,” said New York City Department of Consumer and Worker Protection Commissioner Vilda Vera Mayuga. “The minimum pay rate of at least $17.96 per hour will help lift thousands of New Yorkers and their families out of poverty, while still allowing flexibility for both apps and workers. The apps should immediately pay delivery workers the minimum pay rate, as the New York State Supreme Court ruled on September 28, 2023. We thank the court for making the right decision and thank the hundreds of delivery workers who fought for their right to earn a dignified wage.” 

 

“We are pleased with the court’s decision. The minimum pay rule benefits both the city and the dedicated delivery workers whose contributions are invaluable to our economy,” said New York City Corporation Counsel Sylvia O. Hinds-Radix. “All New Yorkers deserve just compensation for their efforts. I commend the Law Department attorneys and other city personnel who played a pivotal role to ensure the implementation of this important initiative.” 

Foreign National Convicted of Drug Trafficking Conspiracy

 

A federal jury in the District of Columbia convicted a national of the Dominican Republic yesterday of a felony drug trafficking conspiracy.

According to court documents and evidence presented at trial, Cesar Gomez Almonte, aka Jhonny Gomez and Johnny Gomez, 51, was a member of a drug trafficking network based in the Dominican Republic. The network facilitated the transportation of multi-hundred-kilogram shipments of cocaine by boat from the Caribbean to the United States. The drug trafficking network insulated itself by compartmentalizing operations and covering up true ownership of the boats used to transport cocaine. Gomez Almonte’s role within the organization was to search for and acquire new boats the network could use for future drug ventures, to coordinate the straw transfer of a boat used in a prior drug venture, and to broker the use of a boat for a cocaine shipment knowing that the cocaine was bound for the United States.          

On Dec. 12, 2020, Gomez Almonte was arrested in the Miami International Airport.

The jury convicted Gomez Almonte of conspiracy to import five kilograms or more of cocaine into the United States. He is scheduled to be sentenced on Feb. 20, 2024, and faces a mandatory minimum of 10 years in prison and a statutory maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division and Special Agent in Charge Ivan J. Arvelo of Homeland Security Investigations (HSI) New York made the announcement.

The case is supported by the Organized Crime and Drug Enforcement Task Forces (OCDETF). 

HSI New York investigated the case.

Acting Assistant Deputy Chief Melanie L. Alsworth and Trial Attorneys Samantha Thompson and Janet H. Turnbull of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs and Customs and Border Protection’s Miami Air and Marine Branch also provided significant assistance.  

Attorney General James Takes Action to Protect Laws Restricting Large-Capacity Gun Magazines

 

AG James and a Coalition of 19 Attorneys General Filed an Amicus Brief to Support California Law Challenged in Federal Court

New York Attorney General Letitia James and a coalition of 19 attorneys general filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of a California law that restricts large-capacity gun magazines. The case, Duncan v. Bonta, concerns the constitutionality of a California law that allows for possession and sale of firearms magazines that accept up to ten rounds of ammunition, but prohibits larger capacity magazines. 

“Large-capacity magazines make weapons even more deadly and can lead to horrific mass-casualty events,” said Attorney General James. “These dangerous accessories are intended to ensure the maximum number of bullets can be fired without the shooter needing to take time to reload. The pain, suffering, and loss of life that can be inflicted by a single shooter utilizing large-capacity magazines is horrific, which is why these dangerous accessories have no place in our communities. I am proud to step up and work with my fellow attorneys general to ensure this commonsense gun safety measure is not stripped away.”  

Attorney General James and the coalition of attorneys general argue that California’s large-capacity magazine law is a constitutionally permissible restriction by asserting that states have widely adopted reasonable restrictions on the public carry, possession, and sale of many types of weapons, accessories, and forms of ammunition that are not suitable for self-defense and undermine the public’s safety. The coalition also noted that large-capacity magazines are not protected by the Second Amendment because they are not “arms,” and they are not commonly used or suitable for self-defense.  

Additionally, Attorney General James and the coalition assert that California’s law is consistent with a historical tradition of regulating and imposing restrictions on new and distinctively dangerous forms of weaponry, and urged the U.S. Court of Appeals for the Ninth Circuit to uphold this law. 

Joining Attorney General James in filing this amicus brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Oregon, New Jersey, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.  

Comptroller Lander Releases Deep-Dive Report on City’s Use of Emergency Procurement

 

City doled out $1.7B in emergency contracts to respond to rapid increase in asylum seekers, extreme weather & communicable diseases from January 2022 to September 2023

Comptroller’s review comes as $432M emergency contract with DocGo uncovered concerning information & lack of experience in providing shelter & support services

New York City Comptroller Brad Lander released a deep dive into the City’s use of emergency procurement in light of various recent events that have necessitated it, including the rapid increase in asylum seekers’ arrival, extreme flooding, and the COVID-19 pandemic. Under the City Charter, the Comptroller’s office (along with the Law Department) is charged with assessing whether to grant prior approval for agencies’ use of the emergency procurement method, while also working to ensure transparency and compliance with procurement rules and regulations.  

This review examined 292 new emergency contracts from January 1, 2022 to September 30, 2023, totaling $1.73 billion. Seventy-four of those 292 contracts are for asylum seeker services, totaling $1.38 billion (80% of new emergency procurement dollars).  

The review found significant delays in agencies submitting required outlines and contracts. In FY23, agencies filed emergency contracts on average 144 days (nearly five months) after the start of the contract term even though the City’s procurement rules require that agencies submit contracts to the Comptroller’s within thirty days. The Comptroller’s review also found that agencies likely failed to report the vast majority of subcontractors on these contracts, as required by procurement rules. 

“When New York City faces an emergency, agencies must manage unexpected circumstances as nimbly and efficiently as they can. However, agencies navigating emergency procurements should not defer reporting deadlines and must adhere to guidance around transparency, accountability, and greater cost efficiency when stewarding city dollars. Otherwise, unscrupulous vendors could take advantage of the situation, supplies could go to waste, and the public could lose its trust in government to act responsively and responsibly in times of crisis,” said Comptroller Brad Lander. 

“Transparency, oversight, and accountability are critical when the City is spending billions of public dollars through emergency contracting,” said Speaker Adrienne Adams. “Comptroller Lander’s report revealing deficiencies in the Administration’s emergency contracting only underscores the need for the City to move away from an overreliance on this type of procurement and turn towards more sustainable solutions to meet the holistic needs of our communities and those seeking asylum. The city must move away from emergency contracts, especially with for-profit companies that are inherently expensive, and instead shift to non-profit organizations with a greater expertise and commitment to providing services in the long-term public interest of our city. The Administration should begin taking steps to ensure better transparency and to protect the fiscal health of our city.”

“In just about a year, the City spent $1.73 billion on 300 emergency contracts. These emergency contracts allowed vendors to be hired without standard competitive bidding that allowed taxpayers to be overcharged. The City must eliminate the use of no-bid emergency procurement practices because this migrant crisis is no longer ‘unforeseeable,’” said Council Member Julie Won. “As we continue to undergo painful budget cuts, the City’s procurement process must include the necessary guardrails to limit overspending, hold vendors accountable, and ensure our neighbors are receiving adequate services.” 

The Procurement Police Board (PPB) rules and City Charter enable agencies to accelerate the procurement of goods and services through the emergency procurement method when circumstances arise that threaten life, safety, property, or necessary services that standard procurement methods cannot meet. Agencies must identify the emergency, then receive ‘prior approval’ from both the Comptroller’s office and the Law Department. Next, agencies must identify vendors capable of addressing the emergency, solicit cost quotes, and ensure that the vendor has the requisite integrity before awarding a contract. Vendor can start work immediately once agency awards contract.

After these steps, agencies submit a written determination, a formal outline for the basis of the emergency and vendor selection, to the Comptroller and Law Department at the earliest practicable time. Typically, agencies should submit a written determination, a critical record relied upon by oversight agencies, within 15 days of the contract’s start. 

The report revealed that: 

• In the 21 months analyzed, agencies submitted 73% of all written determinations late, more than 15 days after the contract start date.  
• Of the agencies overseeing at least 40 emergency contracts, the Department of Housing Preservation and Development (HPD) successfully submitted 36% of their written determinations at the earliest practicable moment, whereas the Department of Health and Mental Hygiene (DOHMH) submitted the fewest on time written determinations at 6.8%.  
• Agencies submitted only 27% of asylum seeker-related written determinations within 15 days. 

Next, agencies must file a contract package with the Comptroller within 30 days of awarding the vendor for payment to vendor and review by oversight entities. The PPB rules requires agencies to submit their emergency contract packages 30 days after awarding the vendor the contract, but City agencies often submit emergency contracts late. The report further revealed that: 

• Agencies submitted 84% of emergency contract packages to the Comptroller’s office after 30 days.  
• For the asylum seeker emergency, agencies submitted 73% of contract packages to the Comptroller office 30 or more days after the contract start date.  

The City expects vendors pursuing emergency contracting opportunities to provide goods, services, or construction without guarantee of timely pay, which can discourage M/WBEs, nonprofits, and small vendors without sufficient working capital and who face barriers from traditional lending institutions, from pursuing these contracts. Submitting a contract allows the agency and the Comptroller’s office to review the contract terms, conditions, and scope in order to hold vendors accountable. For instance, on September 5, 2023, the Comptroller’s office returned a $432 million HPD emergency contract with Rapid Reliable Testing NY, LLC (DocGo, Inc.) over concerns inclusive of the vendor’s lack of experience in providing temporary housing and support services and the agency’s process for selecting this vendor for the award. The Comptroller uncovered much of the information that caused concern during our review of the contract package upon eventual submission, more than three months after the contract start date. 

Although contracts commonly utilize one or more subcontractors, most agencies do not report subcontractor information in the Payee Information Portal (PIP), the system of record for related approvals and payments. For example: 

• Among the 17 agencies with emergency procurement contracts, only eight agencies recorded subcontractors in PIP.  
• Of the 292 reviewed contracts, only 73 contracts had at least one approved subcontractor in PIP. City agencies recorded subcontractor approvals for just 16 of out of 74 asylum related emergency contracts (21%) in PIP, even though it is likely that the vast majority included subcontractors.  
• As part of the Comptroller’s office post-submission review of asylum seeker contracts, while the Department of Homeless Services (DHS) referenced subcontractors in 51 of its contract filings, only 12 of these contracts had at least one subcontract record in PIP.    

The Comptroller recommends: 

1. Integrating risk assessments and data driven forecasting tools into procurement planning 
   • Canvassing agencies for relevant citywide contracts 
   • Building new pre-qualified vendor lists 
   • Providing guidance to agencies on additional alternative sourcing methods 
2. Transitioning goods, services, or construction provided under emergency contracts to a competitively sourced contract whenever possible 
   • 137 out of the 292 emergency contracts file for an extension. 82 of those contracts filed for an extension that lasts more than six months. 
3. Strengthen accountability for vendor integrity and performance evaluation reviews. 
   • As of September 2023, only 58 of the contracts (19.9%) had performance evaluations recorded in PASSPort. Of the contracts with start dates before September 30, 2022, 116 of those contracts still have missing performance evaluations. No agency has conducted a performance review of any asylum seeker contracts. 
4. Reform emergency procurement rules and procedures to achieve greater accountability. 

View the entire report here. 

Hochul Announces $5.1 Million to Establish School-Based Mental Health Clinics

 

Governor Hochul: “We came to this school…to meet some young people who should be at the prime of their lives and carefree. And they're still overcoming grief, the loss of loved ones, the loss of their former self, the loss of the learning experience…Today we announced that the first schools are receiving anywhere from $25,000 to $45,000 as seed money for them to develop a program where they can find a way to reach out to these young people.”

Hochul: “Today, the highlight was on these young people because the statistics are so alarming – the number of young people contemplating suicide, the number of young people feeling depression. The numbers are astronomical. And as adults, and also as leaders, we have an obligation to try to return these young people to some semblance of normalcy, even three years after the impact of the global pandemic.”

Good morning. Thank you for joining us. I just had an incredibly emotional experience with a number of high school students who opened up their hearts to me talking about the impact of the pandemic on them, even three years later. It's real. The emotions are still raw. These kids are still struggling.

And we came to this school, the Leadership and Public Service School, to meet some young people who should be at the prime of their lives and carefree. And they're still overcoming grief, the loss of loved ones, the loss of their former self, the loss of the learning experience that should have allowed them to grow in a different environment. And they all talked about being drawn into this dark, digital world where they did not have friends face to face.

So it was very disconnecting for them. So to hear from them as I launched this series back in the spring for me to personally hear from teenagers who are affected is driving me even further to the conclusion that more must be done. It's not just about stemming the learning loss, which is what we proposed resources to help deal with that last summer. But it's also about the loss of that social connection, which is having a negative effect on young people still today.

So what we're talking about today is awarding $5.1 million to school-based mental health programs. We announced the opening of this program in August. Today we announced that the first schools are receiving anywhere from $25,000 to $45,000 as seed money for them to develop a program where they can find a way to reach out to these young people, help support for their local clinicians and their guidance counselors who play critical roles. But also, building a full-time program training staff and also giving them space.

This builds on our $1 billion investment in my last Budget, a continuum of care, everything from more beds for people on the streets. They can get the support they need in hospitals. Support for people who are veterans, people with long term PTSD. People with mental health challenges, people with substance abuse challenges. So that is all what we are focusing on.

But today, the highlight was on these young people because the statistics are so alarming – the number of young people contemplating suicide, the number of young people feeling depression. The numbers are astronomical. And as adults, and also as leaders, we have an obligation to try to return these young people to some semblance of normalcy, even three years after the impact of the global pandemic.

Flaws in DOCCS Contraband Testing Led to Unsupported Discipline of Thousands of Incarcerated Individuals

 

New York State Inspector General Lucy Lang released a report detailing defects in both the manufacturing and administration of drug tests used by the New York State Department of Corrections and Community Supervision (DOCCS) to detect the presence of contraband in correctional facilities that resulted in the disciplining of more than 2,000 incarcerated individuals across the state based upon unreliable evidence. These disciplinary sanctions included solitary confinement, delays in parole eligibility, and suspension of family visitation, among others.

From 2016 to August 2020, as the opioid epidemic surged both nationally and in New York’s prisons, a test manufactured by Sirchie Finger Print Laboratories called NARK II was used in DOCCS facilities due to its unique ability to identify hard to detect drugs. In August of 2020, DOCCS notified the Inspector General that the NARK II test had inconsistent instructions, potentially causing false-positive test results. 

Notably, per instructions from its manufacturer, the NARK II test is designed to serve merely as a presumptive test, producing preliminary results requiring laboratory confirmation. Despite this instruction, for the four years the test was in circulation, DOCCS used a positive result on an unconfirmed NARK II drug test as the basis for the imposition of discipline.  

Five days after receiving the initial notification from DOCCS, the Inspector General advised DOCCS to stop taking any disciplinary action against incarcerated individuals for a positive Nark II test result until confirmatory testing by an independent laboratory could be obtained, and to begin taking remedial actions. DOCCS immediately complied with both recommendations, including reversing and expunging the disciplinary records of incarcerated individuals who had been sanctioned based on such tests.

Following a full investigation, the Inspector General substantiated that the instructions provided by the NARK II manufacturer were inconsistent, contradictory and, in some instances, inaccurate and that the manufacturer failed to identify this issue or advise DOCCS as to the existence of revised or updated instructions. The investigation also determined that in addition to failing to obtain confirmation of presumptively positive NARK II test results, DOCCS staff administering the tests failed to follow protocols to prevent misidentification of contraband or cross-contamination of samples, undermining the accuracy of even the preliminary results. 

“Lack of integrity in the systems administered to New Yorkers behind bars implicates all of us,” said New York State Inspector General Lucy Lang. “This investigation and the subsequent policy changes and record expungements represent one step closer to ensuring the level of integrity we should all expect and demand from the State.”

“Illicit drugs pose a serious threat to the safety and security of those who work and live in correctional settings, and while the detection and removal of these substances is imperative, it must be done with accuracy and fairness,” said New York State Department of Corrections and Community Supervision Acting Commissioner Daniel F. Martuscello III. “To that end, we reported the potential for false-positive field test results to the Inspector General in 2020, resulting in the subsequent investigation, and have since made improvements that align with the report’s recommendations. I commend the Office of the Inspector General for its steadfast investigation and pursuit of fairness across New York State.”

The Inspector General thanked members of her team for their work on this investigation and today’s report, including George Frany, Attorney-in-Charge of DOCCS Matters, Carmen Frangella, Deputy Chief of Investigations for the Upstate Region, and Senior Investigative Counsel & Director of Report Writing Jonathan Masters. The Inspector General also expressed her appreciation to the Department of Corrections, particularly members of its Office of Special Investigations, for their partnership in investigating this matter and for promptly addressing the issues detailed within today’s report.

Read OIG’s complete report HERE, download included photos HERE, and follow the office’s work @NewYorkStateIG.

Former California Business Owner Charged with Access Device Fraud, Aggravated Identity Theft and Witness Tampering

 

An indictment was unsealed on Monday alleging that the chief executive officer of a California business caused unauthorized charges to be placed on thousands of consumer credit and debit card accounts. 

Jason Edward Thomas Cardiff, 48, formerly of Upland, California, is charged with access device fraud, aggravated identity theft and two counts of witness tampering. The indictment alleges that Cardiff owned and operated Redwood Scientific Technologies, which sold various homeopathic thin film strip products to consumers. Between January 2018 and May 2018, Cardiff directed his employees to use the credit and debit card information associated with previous customers to charge for additional products that those customers had not ordered. The indictment further alleges that Cardiff ordered employees to destroy documents that were responsive to a Federal Trade Commission Civil Investigative Demand.

“These charges reflect the department’s commitment to investigate unauthorized charges imposed on consumer accounts and hold criminals accountable for their wrongdoing,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will use all of the tools at its disposal to prosecute such schemes.”

“This indictment alleges a blatant ripoff that simply charged customers for products they never ordered,” said U.S. Attorney Martin Estrada for the Central District of California. “We will remain vigilant to protect consumers from predatory businesses that exploit the trust placed in them by consumers.”

“The outstanding work by postal inspectors in this investigation uncovered a fraud scheme, where American consumers never received the products for which they were billed,” said Inspector in Charge Carroll Harris of the U.S. Postal Inspection Service (USPIS) Los Angeles Division. “The U.S. Postal Inspection Service is committed to protecting American consumers from falling victim to these types of fraud schemes.”

Cardiff made his initial court appearance on Nov. 27 before U.S. Magistrate Judge Brianna Fuller Mircheff of the U.S. District Court for the Central District of California. If convicted, Cardiff faces a maximum penalty of 15 years in prison for access device fraud, 20 years in prison for witness tampering and a mandatory minimum of two years in prison for aggravated identity theft. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. At his arraignment on Monday, Cardiff entered a not guilty plea and a trial was scheduled for Jan. 23, 2024.

USPIS is investigating the case.

Trial Attorneys Manu Sebastian and Brianna Gardner of the Civil Division’s Consumer Protection Branch, along with Assistant U.S. Attorney Valerie Makarewicz for the Central District of California, are prosecuting the case.

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

An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.