NEW YORK CITY LEADS COALITION OF CITIES URGING SUPREME COURT TO SAFEGUARD ACCESS TO MEDICATION ABORTION

 

New York City Mayor Eric Adams and New York City Corporation Counsel Sylvia O. Hinds-Radix today announced that the City of New York is co-leading a coalition of six localities from across the country in filing another amicus brief urging the U.S. Supreme Court to protect access to mifepristone — a medication that millions of Americans use each year for medication abortions and miscarriage management. In December 2023, the Supreme Court granted the Biden administration’s request to review an opinion by the U.S. Court of Appeals for the Fifth Circuit in the case Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration (FDA), which would have restricted access to mifepristone. Today’s amicus brief underscores how the Fifth Circuit’s decision can have a direct impact on New York City’s health care system and the city’s ability to provide essential reproductive health services, including medication abortions, to those seeking care. 

  

The coalition’s amicus brief strongly supports the federal government’s position by emphasizing the severe potential harm to public health and health care systems that would come from suspending the FDA’s longstanding and more recent regulation of mifepristone. It also highlights the dire consequences, increased costs, and potential disruptions to the health care delivery systems that may result.  

  

“New York City has been and will remain a hub for access to reproductive care because reproductive care is health care, and health care is a fundamental right,” said Mayor Adams. “We are proud to lead this coalition in taking action in full support of protecting women’s access to medication abortions. Not only are the courts denying women the right to control their own bodies through this lower court ruling, but they are also endangering our public health care system by forcing it to divert resources to alternate options and procedures — undoubtedly impacting hospitals’ ability to provide care across the board. This decision was nothing more than an effort to control women's bodies, their choices, and their freedoms, and we will do everything in our power — legally, personally, and politically — to fight this ruling and defend the rights of all women.” 

  

“The Supreme Court took a step in the right direction when it agreed to review the Fifth Circuit’s misguided ruling, which threatens women’s access to reproductive health care and the stability of our public hospital systems,” said Corporation Counsel Hinds-Radix. “Now the court must reject plaintiffs’ erroneous arguments and keep these FDA regulations in place so the devastating impacts to communities we have detailed in our brief can be avoided.” 

 

“New York City is committed, through any forum, to protecting reproductive rights and access to reproductive health care,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “This is yet another way we are lending our voice and taking action to stand up for women’s rights and the rights of any person in need of reproductive care.” 

 

“Mifepristone is safe and effective and should continue to be a cornerstone of abortion care and reproductive health choices,” said New York City Department of Health and Mental Hygiene (DOHMH) Commissioner Dr. Ashwin Vasan. “Reproductive health is an integral part of health care and community wellbeing, and in New York City we are proud to lead a public health system that will continue to support safe access for anyone in our city or across the nation seeking care.” 

  

Today’s brief explains that if restrictions on medication abortion are upheld, demands on public hospitals will increase. Public hospitals, in turn, would then have to divert resources to meet the increased demand for emergency care and for procedural abortions from their existing patients and from new patients who otherwise would have sought care from providers who cannot pivot to providing procedural abortions. According to the brief, at a time when many public hospitals and health care systems are struggling in the wake of the COVID-19 pandemic, the Fifth Circuit’s decision would make it even more challenging to provide care to vulnerable populations that depend on public health care systems and suffer many acute ailments at above-average rates. The brief explains that an adverse decision by the court couldn’t come at a worse time: thousands of patients in need of all kinds of non-emergency surgical care could find themselves facing significant delays in obtaining procedures, and some may forgo care altogether, leading to worse health outcomes across the board. 

  

The Supreme Court will likely hear arguments on the case in the spring, with a decision likely sometime near the end of the court’s term in June 2024. The challenged mifepristone regulations remain in place while the case proceeds.  

  

The City of New York, NYC Health + Hospitals, and Santa Clara County, California co-drafted the amicus brief. They are joined by Los Angeles County, California; San Francisco County and the City of San Francisco, California; Cook County, Illinois; and King County, Washington. 

  

Today’s filing comes on the heels of the Adams administration’s release of “Women Forward NYC: An Action Plan for Gender Equity,” a more than $43 million investment aimed at making New York City a national leader on gender equity, including for transgender and gender expansive New Yorkers, with the ambitious goal of becoming the most women-forward city in the United States. Released last week, the action plan addresses gender disparities by connecting women to professional development and higher-paying jobs; dismantling barriers to sexual, reproductive, and chronic health care; reducing gender-based violence against women; and providing holistic housing services, including for formerly incarcerated women and domestic and gender-based violence survivors. Specifically, the action plan commits and invests in furthering the provision of medication abortion through sexual health clinics to increase access to abortion in New York City. 

  

In 2022, in its Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court overturned the federal right to access safe, legal abortions nationwide. Since that decision, New York City has introduced a range of services to protect and fulfill the local right to access abortion care. Since launching the New York City Abortion Access Hub in November 2022, more than 3,500 callers and over 790 chatters have been directed to reproductive services and resources through NYC Health + Hospitals and providers throughout New York City.  

  

Anyone in need of abortion services or support in accessing care can receive referrals by calling 877-NYC-AHUB (877-692-2482). For those who might prefer to start the conversation over text, there is now a chat feature to connect you to a phone operator.  

  

In August 2022, Mayor Adams signed legislation enabling access to no-cost medication abortion at DOHMH sexual health clinics. The service has since expanded to the Jamaica and Central Harlem Sexual Health clinics after launching in Morrisania, Bronx in January 2023. Last year, NYC Health + Hospitals also launched telehealth abortion access through Virtual ExpressCare — becoming the first public health system in the nation to do so. Patients in New York City seeking abortion care can schedule a Virtual ExpressCare appointment to speak with a New York state-licensed health care professional by video or phone, on-demand, for an assessment and counseling. If clinically appropriate and prescribed, patients will be able to receive a medication abortion kit at their New York City address within a few days. This service is available seven days a week, between 9:00 AM and 9:00 PM, and will provide patients with access to safe, legal abortion care. Patients can access telehealth abortion care online or by calling (718) 360-8981.   

  

Governor Hochul Signs Legislation to Protect Survivors, Hold Perpetrators Accountable for Rape

 

Legislation S.3161/A.3340 Modernizes State Law to Ensure Forced Sexual Conduct Can Be Prosecuted as Rape

Governor Hochul Has Prioritized Protecting Survivors, Signing the Adult Survivors Act and Strengthening Support for Survivors of Domestic Abuse

Governor Kathy Hochul today signed legislation to modernize New York State law to protect survivors of rape and hold perpetrators accountable for sexual assault. The legislation, S.3161/A.3340, updates the definition of rape in the penal code to ensure that additional forms of nonconsensual, forced sexual conduct can be prosecuted as rape. Since taking office, Governor Hochul has prioritized supporting survivors including by signing the Adult Survivors Act, implementing new protections for survivors of domestic violence, and cracking down on human trafficking.

“We are reassuring survivors that when they walk into a police station or approach the witness stand that the full weight of the law is behind them now going forward,” Governor Hochul said. “Rape will be treated like the horrific crime that it is. The voices have been heard, and we affirm that justice will be served."

Legislation (S.3161/A.3340), also known as the “Rape is Rape” bill, removes the penetration requirement from the rape statutes and also defines rape as vaginal sexual contact, oral sexual contact, and anal sexual contact. The existing statue excluded oral and anal rape from being called rape and required a higher standard for vaginal rape. By modernizing New York’s rape statutes, this legislation ensures all survivors are protected from these crimes and offenders will be held fully accountable.

Governor Hochul has deployed new resources across State government to ensure survivors are protected. Last year, the Governor announced new guidance for law enforcement agencies when responding to domestic incidents. The Governor has also announced the availability of a streamlined application for individuals seeking help from the state with crime-related expenses.

In addition, Governor Hochul has taken significant steps to protect individuals in the workforce from harassment and sexual assault. She launched a statewide workplace sexual harassment hotline, signed new laws to protect employees from sexual misconduct in the workplace, and developed a sexual harassment model policy for employers to use.

Governor Hochul's 2024 State of the State includes significant steps to protect survivors of domestic violence. The Governor is proposing bold investments in a set of proven strategies to increase the likelihood of both successfully prosecuting domestic violence cases and seizing firearms, deterring future violence among high-risk offenders, and helping survivors recover:

• Provide dedicated funding to District Attorneys’ offices in GIVE jurisdictions to expand DV STAT, a model first piloted in Queens that supports collection of evidence and relationship-building with victims even before an arrest is made.
• Provide funding to jurisdictions to implement “gold standard” risk assessment tools to focus on high-risk domestic violence perpetrators and victims;
• Provide dedicated funding to GIVE jurisdictions to focus on domestic violence offenders, identifying the most high-risk individuals and engaging them to reduce recidivism;
• Provide funding to expand the Supervision Against Violent Engagement (SAVE) program to improve public safety among recently released individuals by focusing on domestic violence;
• Provide funding to local jurisdictions partnering with CACs to build the data collection capacity of local law enforcement and to work with the State's Office for the Prevention of Domestic Violence to review the current state capacity of law enforcement information-sharing with regard to domestic violence reports. New York will modernize the use of the critical data available when answering domestic calls for service through the Domestic Incident Reporting and expand the use of the National Incident Based Reporting System so critical and potentially life-saving information and reports are electronic, shareable, and searchable statewide;
• Continue the Governor’s commitment to providing survivors with the emergency, flexible funding aid they need at their time of crisis via microgrants to be used to cover expenses in emergency situations.

The Office of Victim Services directly reimburses medical providers for the cost of a forensic rape exam (FRE) if an individual does not have private health insurance or chooses not to use their private health care insurance for the examination. This measure is an exception to the agency’s payer of last resort rule and provides for the personal privacy of victims. The Office of Victim Services also accepts FRE documentation in lieu of police reports, which enables individuals to seek financial assistance and reimbursement from OVS for other expenses related to the crime.

OVS funds and supports 239 victim assistance programs statewide that provide essential services, such as crisis counseling, support groups, case management, emergency shelter, civil legal help and relocation assistance, among other assistance, to victims and survivors of sexual assault and other crimes, and their families. Individuals may visit ovs.ny.gov/connect to find these programs, which provide services at no cost and regardless of whether an individual has reported the crime to police. New York State’s Domestic and Sexual Violence Hotline also is available for confidential support and advocacy 24/7: 800-942-6906 (voice), 844-997-2121 (text) and opdv.ny.gov (chat).

Oil Companies to Pay $7.4 Million in Civil Penalties to Resolve U.S. Claims for Pipeline Spill on Allotted Tribal Land

 

Clean Water Act Settlement Addresses July 2022 Crude Oil Pipeline Rupture into Oklahoma’s Skull Creek

The Justice Department and Environmental Protection Agency (EPA) today announced that Holly Energy Partners-Operating L.P. and Osage Pipe Line Company LLC have agreed to pay $7.4 million in Clean Water Act civil penalties and implement corrective measures to settle claims stemming from a pipeline rupture and crude oil spill from the Osage pipeline onto land owned by members of the Sac and Fox Nation in Oklahoma. In addition to payment of the civil penalties, the settlement requires that the two companies complete the cleanup and remediation of the impacted area and take additional steps to prepare for and prevent future spills.

“Oil companies have a responsibility to prevent harmful oil spills, and today’s settlement demonstrates that those who violate this duty will be held accountable under the law,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We appreciate the Sac and Fox Nation’s steady involvement in monitoring the cleanup efforts for environmental, natural resource and cultural resource impacts and respect the Nation’s efforts to be caring stewards of lands owned by its members.”

“The pipeline spill in this case dumped nearly 300,000 gallons of crude oil, contaminating Skull Creek and severely hampering water quality and the aquatic environment in the creek,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “EPA and its federal partners are requiring the oil companies who caused the spill to restore Skull Creek, operate safely, and take steps to prevent future spills.”

“Safeguarding Oklahoma’s natural resources is of the utmost importance for future generations,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “My office remains committed to furthering environmental justice by ensuring those responsible for oil spills remediate and rectify the impacts to our communities and tribal partners.”

“The Sac and Fox Nation is a strong partner in conserving and protecting the environment and natural resources. EPA worked closely with the Nation to keep its environmental staff and leadership updated during the response and cleanup of the Osage Pipeline spill,” said Administrator Dr. Earthea Nance of EPA Region 6. “Today’s settlement is an important step in holding the company accountable for the impacts to Skull Creek and other potential effects.”

The United States filed its complaint today in the U.S. District Court for the Western District of Oklahoma along with the notice of lodging of a proposed consent decree to resolve the case. In the complaint, the United States alleges that the two related Dallas-based companies are liable under the Clean Water Act for the crude oil spill that occurred on July 8, 2022. Osage Pipe Line Company owns the 135-mile-long, 20-inch-diameter pipeline that transports crude oil from a tank farm in Cushing, Oklahoma, to the HollyFrontier refinery in El Dorado, Kansas. Holly Energy Partners-Operating is the operator of the pipeline.

The complaint alleges the spill occurred when a segment of the pipeline ruptured adjacent to Skull Creek about five miles north of Cushing. From the point of the discharge, Skull Creek flows about three more miles before entering the Cimarron River. The pipeline was operating at the time of the rupture and discharged about 300,000 gallons (7,110 barrels) of crude oil into the creek. The land where the rupture occurred, and the adjacent downstream parcel that the creek runs through, are both allotment lands owned by members of the Sac and Fox Nation.

The companies, the EPA, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), the Department of the Interior’s Bureau of Indian Affairs and the Sac and Fox Nation responded to the rupture and spill. The companies are continuing cleanup work in Skull Creek under the oversight of the EPA, and the pipeline was returned to operation at reduced pressure under the oversight of PHMSA through its corrective action authority. The Sac and Fox Nation deployed tribal monitors to observe the companies’ work at the spill site and monitor for impacts to natural and cultural resources. 

In addition to payment of the civil penalties in the proposed consent decree, the companies will be required to complete the cleanup and remediation of the impacted area, improve their pipeline integrity management program, provide additional training for all their control room operators and expand their spill notification efforts for Tribal governments with land interests within the footprint of the pipeline. The penalties and remedial measures required by the proposed consent decree are in addition to the costs the companies have incurred to clean up the oil spill.

Section 311(b) of the Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon the navigable waters of the United States or adjoining shorelines, the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act in quantities that may be harmful to the environment or public health. The penalties for this spill will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Funds Center. The Oil Spill Liability Trust Fund is used to pay for federal response activities and to compensate victims for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances.

The Justice Department’s Environmental Enforcement Section lodged the consent decree with the U.S. District Court for the Western District of Oklahoma. The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the proposed consent decree is available on the Justice Department website at www.justice.gov/enrd/consent-decrees

THE NEW YORK STATE DEPARTMENT OF LABOR HOLDS WORKER PROTECTION SHIELD CEREMONY

 

The New York State Department of Labor (NYSDOL) today held its second Division of Worker Protection enforcement staff shield ceremony on January 30, 2024, at the New York State Police Academy in Albany. State Labor Commissioner Roberta Reardon administered the oath of office to 64 members of the Department’s Worker Protection Unit from across the state, who vowed to uphold and enforce state and federal labor law. These state workers are on the frontlines of New York State’s unending commitment to ensure that all working New Yorkers are safe and protected while on the job.

“These dedicated public servants are vital to the protection and safety and health of our workforce,” said New York State Department of Labor Commissioner Roberta Reardon. “These shields they possess are a symbol of their authority to enforce labor law and their commitment to protect the rights of anyone working in New York State.”

NYSDOL’s Division of Worker Protection is made up of 511 members, including 380 enforcement staff who are represented in all five of the unit’s divisions: Bureau of Public Work, Division of Compliance and Education, Division of Labor Standards, Division of Safety and Health, and the Office of Special Investigations.

Over the past decade, NYSDOL’s worker protection team has recovered and dispersed more than $376 million in stolen wages and identified over a million misclassified workers. In 2023 alone, NYSDOL’s Worker Protection investigations recovered $16 million in wages for over 16,000 workers. During investigations and inspections, NYSDOL works with many partners to ensure workers are safe and employers comply with the labor law, including New York State Police, the Department of Agriculture and Markets, local District Attorney’s Offices, the United States Department of Labor, and organized labor.

New York State Police Acting Superintendent Dominick L. Chiumento said, “I congratulate these individuals as they take this important oath. Today’s ceremony is a testament to the level of commitment these investigators have in protecting the hard-working citizens of New York. Each of these individuals honored today exemplifies what being a public servant is all about – dedication and selfless service.”

PEF President Wayne Spence said, “PEF welcomes these new officers to the ranks of the Department of Labor. They play a critical role in fulfilling one of our union’s essential missions -- protecting workers.  Whether they’re enforcing labor standards, exposing unemployment fraud, or investigating wage theft, these officers create an equitable employment landscape in New York, making sure everyone is subject to the same standards.”

As part of ongoing NYSDOL modernization, the Worker Protection Unit is unveiling updated safety equipment for their staff. The new and improved safety equipment includes:

• Type 2 Unvented Hardhats complete with safety straps
• Carbon monoxide mono and multimeter detectors
• 3000HS Heat Stress Meter monitors to detect extreme heat and cold
• Class 3 Breakaway Tri-color safety vests

The new hardhats are designed to protect the worker’s entire head, equipped with a chin strap to prevent the hardhat from falling off as opposed to traditional hardhats that are designed to protect only the top of a worker’s head. The new Class 3 tri-color vests have a breakaway feature to ensure NYSDOL employees can get out of the vest easily if the vest becomes entangled in equipment.

In addition to rolling out new and improved safety equipment, the Worker Protection Unit has the option to utilize drones during an inspection process when needed. This new addition will allow inspectors to access remote areas with ease.

Attorney General James Sues Citibank for Failing to Protect and Reimburse Victims of Electronic Fraud

 

Citi Maintains Poor Security and Anti-Fraud Protocols, Leading to Millions of Dollars in Losses for New York Account Holders

New York Attorney General Letitia James today sued Citibank, N.A. (Citi) for failing to protect and refusing to reimburse victims of fraud. The lawsuit alleges that Citi does not implement strong online protections to stop unauthorized account takeovers, misleads account holders about their rights after their accounts are hacked and funds are stolen, and illegally denies reimbursement to victims of fraud. The Office of the Attorney General (OAG) has found that the bank fails to respond to fraudulent activity appropriately and quickly. As a result of Citi’s lax security, New York customers have lost millions of dollars, and in some instances, their entire lifesavings, to scammers and hackers. Attorney General James is seeking to hold Citi accountable for failing to protect its customers and require the company to pay back defrauded New Yorkers with interest, pay penalties, and adopt enhanced anti-fraud defenses to prevent scammers from stealing consumers’ funds. 

“Banks are supposed to be the safest place to keep money, yet Citi’s negligence has allowed scammers to steal millions of dollars from hardworking people,” said Attorney General James. “Many New Yorkers rely on online banking to pay bills or save for big milestones, and if a bank cannot secure its customers’ accounts, they are failing in their most basic duty. There is no excuse for Citi’s failure to protect and prevent millions of dollars from being stolen from customers’ accounts and my office will not write off illegal behavior from big banks.”

Harm to New York Customers

Citi is one of the largest banks in the United States and maintains checking and savings accounts for millions of consumers nationwide, including through online and mobile banking. The lawsuit alleges that scammers are able to steal tens of thousands of dollars from Citi customers because the bank does not implement strong data security and anti-breach practices. As a result of Citi’s lax security protocols and procedures, ineffective monitoring systems, and failure to respond in real-time and properly investigate fraud claims, New Yorkers have lost millions to scammers. Customers have lost their life savings, their children’s college funds, or even money needed to support their day-to-day lives as a result of Citi’s illegal and deceptive acts and practices.

One New Yorker had $40,000 stolen from her retirement savings account. In October 2021, the customer received a text message that appeared to be from Citi instructing her to log onto a website or call her local branch. The customer clicked the link in the message but did not provide additional information as requested in the text message. Afterwards, the customer called her local branch to report the suspicious activity but was told not to worry about it. Three days later, the customer discovered that a scammer changed her banking password, enrolled in online wire transfers, transferred $70,000 from her savings to her checking account, and then electronically executed a $40,000 wire transfer, none of which was consistent with her past account activity. For weeks, the customer continued to contact the bank and submit affidavits, but in the end, she was told that her claim for fraud was denied.

Another New Yorker had $35,000 stolen from her account. She was reviewing her online account and found a message that her account had been suspended and was instructed to call a phone number. She called the number provided and a scammer told her that he would send her Citi codes to verify recent suspicious activity. The scammer then transferred all of the money in the customer’s three savings accounts into her checking account, changed her online passwords, and attempted a $35,000 wire transfer. Citi attempted to verify the wire transfer by calling the customer, but she was working and did not see the call at the time. Less than an hour later, the scammer attempted another $35,000 wire transfer, which Citi approved without ever having made direct contact with the customer. She lost nearly everything she had saved, and Citi refused to reimburse her. 

Insufficient Online Banking Security

The OAG found that Citi’s systems do not respond effectively to red flags, such as scammers who are using unrecognized devices, are accessing accounts from new locations, or are changing banking passwords or usernames. Additionally, Citi systems do not flag and stop efforts to transfer funds from multiple accounts into a single account and then send tens of thousands of dollars out the door in minutes. Citi also does not automatically initiate investigations or report fraudulent activity to police or law enforcement authorities when consumers first report it to Citi.

In addition, Citi fails to appropriately respond to notifications of fraud by its customers. When victims contact the bank to report fraud, Citi leaves them on lengthy telephone holds, allowing scammers to continue their fraud. Additionally, Citi does not implement sufficient measures to protect consumers from future unauthorized transactions until they visit a local branch. Citi representatives falsely told consumers that their accounts were secure and often promised that their money would be returned, although the bank did not take immediate steps to recover stolen funds. Citi also falsely tells consumers that they need to visit local branches and execute special affidavits detailing the scams that led to their losses — information Citi then used to blame consumers and deny their claims. 

Attorney General James alleges that because Citi makes wire transfers available to consumers online and through mobile banking apps, Citi must reimburse victims of fraud under the Electronic Fund Transfer Act (EFTA), similar to when banks reimburse victims of electronic credit or debit card fraud. Under EFTA, banks such as Citi are required to reimburse their customers for money in their accounts that is lost or stolen through unauthorized electronic payments. However, Citi illegally exploited a narrow exception in these laws to deny consumer claims for reimbursement, resulting in millions of dollars in losses for New York consumers. Through this lawsuit, Attorney General James is seeking to stop Citi’s deceptive practices and to collect restitution for victims who were denied reimbursement in the last six years, penalties, and disgorgement. 

Attorney General James encourages all consumers who have lost money to scammers who hacked into their online or mobile banking, whether the bank accounts were with Citi or any other bank, to report their experiences to OAG’s Consumer Frauds Bureau.

This lawsuit is the latest action by Attorney General James to hold big banks accountable. Last month, Attorney General James led a coalition of 20 attorneys general in submitting letters to the federal Office of the Comptroller of the Currency and Consumer Financial Protection Bureau urging both agencies to ensure that national banks cooperate with investigations being conducted by state attorneys general. In April 2022, Attorney General James led a multistate coalition of attorneys general in calling on the CEOs of JPMorgan Chase, Bank of America, U.S. Bank, and Wells Fargo to eliminate all overdraft fees on consumer bank accounts. 

Man Pleads Guilty to International Money Laundering Linked to Nigerian Romance Scams and Business Email Compromises

 

A Florida man pleaded guilty yesterday in the Southern District of Florida to money laundering for his role in funneling the proceeds of scams against American consumers and businesses to co-conspirators located in Nigeria.

Niselio Barros Garcia Jr., 50, of Kissimmee, was indicted by a grand jury on July 12, 2023. According to court documents, Garcia supplied bank accounts to his co-conspirators for the purpose of receiving proceeds from romance scams, business email compromises and other fraud schemes. After receiving the criminal proceeds, Garcia used a cryptocurrency exchange to conceal and transfer the funds in Bitcoin to co-conspirators in Nigeria. Garcia personally laundered over $2.3 million of criminal proceeds and earned hundreds of thousands of dollars in fees.

Business email compromises involve criminals hacking or spoofing business email accounts to initiate fraudulent money transfers. Romance scams involve fraudsters creating fake online personas to gain the trust and affection of victims, leading to financial exploitation. These schemes not only cause significant financial losses, but also deeply impact the lives of victims.

“This prosecution demonstrates our ongoing commitment to protecting the public from complex financial crimes,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “This case serves as a reminder of the sophisticated methods employed by criminals and the need for vigilance in the digital age. The Justice Department remains committed to aggressively pursuing individuals and groups involved in these kinds of illicit activities.”

Garcia is scheduled to be sentenced in the Southern District of Florida on April 23. He faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Four additional defendants have been charged in this scheme but remain at large.

The FBI Buffalo Field Office investigated the case.

Trial Attorneys Lauren Elfner and Matthew Robinson of the Civil Division’s Consumer Protection Branch are prosecuting the case.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies and provide resources and referrals on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud, and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.

For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. Information about the Justice Department’s Elder Fraud Initiative is available at www.justice.gov/elderjustice.