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Friday, January 26, 2024
The Bronx Chamber of Commerce - Bronx Business News You Can Use
Attorney General James Takes Action to Stop Idaho’s Regressive Abortion Restrictions
Idaho is Attempting to Criminalize Those Seeking Out of State Abortion Care
New York Attorney General Letitia James joined a multistate coalition of 19 attorneys general opposing an Idaho law that threatens to criminalize any action taken by an adult to help a minor from Idaho access abortion care in another state without parental consent. The coalition of attorneys general filed an amicus brief with the United States Court of Appeals for the Ninth Circuit urging the court to uphold a lower court’s injunction blocking the enforcement of the law. Attorney General James and the coalition argue that Idaho’s actions target legal health care services in other states, including New York, and could deter health care providers, organizations, and individuals in other states from providing important health care resources to minors in need.
“Everyone should be able to freely access legal abortion care, no matter who they are or where they live,” said Attorney General James. “Idaho’s law would put minors in danger and jeopardize abortion access nationwide by targeting health care services in other states. I want to thank my fellow attorneys general for joining this effort to oppose this unjust and harmful policy.”
Idaho’s Attorney General has explicitly interpreted the law’s restrictions on abortion access to apply even when an abortion occurs in another state where abortion is legal. Violations of the law are punishable by two-to-five years in prison and can also be civilly enforced by the minor’s guardians. In November 2023, a judge for the U.S. District Court for the District of Idaho granted an injunction halting the enforcement of the law. The Attorney General of Idaho then appealed that decision to the Ninth Circuit.
The Idaho Attorney General’s interpretation of the law threatens to punish legal activity in these states and make it harder for health care providers to care for minors. Providers across the country have seen an increase in patients seeking abortions from states like Idaho that have enacted abortion bans following the Supreme Court’s Dobbs decision. If allowed to take effect, Idaho’s law could create costly delays and more roadblocks for patients seeking abortion care, including vulnerable minors. As the coalition notes, one study found that a third of minors who choose not to inform their parents about their reproductive health care decisions “have already experienced family violence and fear it will recur.” Making it harder for those minors to access abortion care independently would put them even more at risk.
Joining Attorney General James in calling on the Ninth Circuit to uphold the decision halting enforcement of Idaho’s law are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.
Governor Hochul Announces Action Against Real Estate Brokerage Firm for Charging Excessive Broker Fees to Prospective New York Tenants
Governor Secures $260,000 Settlement Against New York City-Based City Wide Apartments, Inc – Including Penalties and Restitution
Builds on Governor’s Consumer Protection and Affordability Agenda to Protect New Yorkers and Reduce Costs
New Yorkers Are Encouraged to Report Licensee Misconduct to the New York State Department of State Here
Governor Kathy Hochul announced a settlement with New York City-based real estate brokerage firm City Wide Apartments, Inc. after a state investigation found that the firm charged excessive broker fees – in one instance collecting over $20,000 in additional fees – to tenants looking for housing.
“With our state staring down a housing crisis, excessive broker fees are not just unfair – they’re a threat to hard-working families looking to call New York home,” Governor Hochul said. “This settlement doubles down on my administration’s crackdown on deceptive business practices and starts the process of making dozens of families whole, and I will continue fighting to protect New York consumers and make our state more affordable and more livable.”
Under the terms of the settlement, City Wide has agreed to pay $260,000 in penalties and restitution, including a $50,000 fine and $210,000 in restitution to dozens of tenants. The agreement builds on Governor Hochul’s consumer protection and affordability agenda, announced as part of the Governor’s State of the State, to protect New York consumers and help keep hard-earned money in New Yorkers’ pockets.
New York State Secretary of State Robert J. Rodriguez said, “Excessive brokers’ fees add substantial costs to the already high price of renting property. The New York Department of State recognizes the need for fair and transparent practices in the real estate industry and this settlement is a testament to our commitment to protecting the rights of tenants. For those who think they can take advantage of tenants seeking housing, you can rest assure the Department will hold them accountable.”
The New York State Department of State’s Licensing Services Division, which licenses real estate sales agents and brokers, launched an investigation into alleged wrongdoings by City Wide, beginning in August 2022 following a report by the New York Post. The investigation revealed the brokerage violated the Real Property Law, by collecting one or more real estate commissions containing excessive fees which did not reasonably relate to legitimate services actually performed on behalf of tenants.
City Wide and its agents fully cooperated with DOS’ investigation and have committed to changing their business practices and how commissions are structured moving forward.
A broker’s fee must represent charges for actual services provided. Real estate licensees are obligated to act with honesty in their dealings with the public and cannot charge exorbitant commissions that have no reasonable relationship to the work involved in earning the commission.
When working with licensed agents and brokers, the Department reminds prospective tenants:
- To confirm the agent and firm are properly licensed by checking our website at https://dos.ny.gov/licensing-services;
- Commission fees are negotiable;
- Remember to get a receipt for any funds paid;
- Where possible, provide all fees with traceable funds; and
- Never pay a commission to the name of the licensed salesperson (commissions should always be paid to the name of the real estate company).
New York State takes licensee misconduct seriously and the Department of State investigates complaints filed on a case-by-case basis. Anyone who believes a real estate licensee may be acting in a prohibited manner or with untrustworthiness, is encouraged to contact the Division of Licensing Services and submit a complaint form, available online at https://dos.ny.gov/preliminary-statement-complaint-0
Governor Hochul’s Consumer Protection and Affordability Agenda
The settlement agreement builds on Governor Hochul’s consumer protection and affordability agenda to protect consumers from deceptive business practices, lower costs, and help keep money in New Yorkers’ pockets. As part of her Executive Budget, the Governor proposed measures to strengthen consumer protections against unfair business practices; establish nation-leading regulations for the Buy Now Pay Later loan industry; advance the first major increase in paid medical leave benefits in more than three decades; and implement the nation’s most wide-ranging proposal to eliminate co-pays for insulin on certain insurance plans; and combat medical debt.
Russian National Sentenced for Involvement in Development and Deployment of Trickbot Malware
A Russian national was sentenced to five years and four months in prison for his involvement in developing and deploying the malicious software known as Trickbot, which was used to launch cyberattacks against American hospitals and other businesses.
According to court documents and public reporting, Vladimir Dunaev, 40, of Amur Oblast, Russia, provided specialized services and technical abilities in furtherance of the Trickbot scheme. Trickbot, which was taken down in 2022, was a suite of malware tools designed to steal money and facilitate the installation of ransomware. Hospitals, schools, and businesses were among the millions of Trickbot victims who suffered tens of millions of dollars in losses. While active, Trickbot malware, which acted as an initial intrusion vector into victim computer systems, was used to support various ransomware variants.
“This sentencing demonstrates the department’s ability to place cybercriminals behind bars, no matter where they are located,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “In cooperation with our partners around the world, we will continue to bring cybercriminals to justice.”
“Dunaev developed malicious ransomware and deployed it to attack American hospitals, schools, and businesses in the Northern District of Ohio and throughout our country, all while hiding behind his computer,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “He and his co-defendants caused immeasurable disruption and financial damage, maliciously infecting millions of computers worldwide, and Dunaev will now spend over five years behind bars as a result. Dunaev’s case demonstrates that the Justice Department and our office will use all available resources to investigate and prosecute cybercrime, and we thank our international partners for their cooperation in helping us stop cybercriminals like Dunaev and bring them to justice.”
Dunaev developed browser modifications and malicious tools that aided in credential harvesting and datamining from infected computers, facilitated and enhanced the remote access used by Trickbot actors, and created a program code to prevent the Trickbot malware from being detected by legitimate security software. During Dunaev’s participation in the scheme, 10 victims in the Northern District of Ohio, including Avon schools and a North Canton real-estate company, were defrauded of more than $3.4 million via ransomware deployed by Trickbot.
“The FBI relentlessly investigates criminal activity impacting the American people even when the perpetrators reside beyond our borders,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “Combating malicious cyber actors is a team sport, and we are proud of the coordinated effort that brought about this sentencing.”
“This case and subsequent sentencing sends a strong message to cybercriminals and other bad actors who target individuals and businesses with malicious intent,” said Special Agent in Charge Greg Nelsen of the FBI Cleveland Field Office. “The complexities of this case required careful coordination among our domestic and international partners and their commitment to meticulous investigative work. I am proud of the synchronized effort to see that justice was served.”
In 2021, Dunaev was extradited from the Republic of Korea to the Northern District of Ohio. On Nov. 30, 2023, Dunaev pleaded guilty to conspiracy to commit computer fraud and identity theft and conspiracy to commit wire fraud and bank fraud.
The original indictment returned in the Northern District of Ohio charged Dunaev and six other defendants for their alleged roles in developing, deploying, managing, and profiting from Trickbot.
In June, one of Dunaev’s co-conspirators, Alla Witte, who was a Trickbot malware developer and Latvian national, pleaded guilty to conspiracy to commit computer fraud and was sentenced to two years and eight months in prison.
In February and September 2023 the Treasury Department’s Office of Foreign Assets Control (OFAC) issued financial sanctions against multiple suspected Trickbot members.
The FBI Cleveland Field Office investigated the case.
The Justice Department’s Office of International Affairs worked with the International Criminal Affairs Division of the South Korean Ministry of Justice to secure the arrest and extradition of Dunaev.