Thursday, February 15, 2024

Foreign National Pleads Guilty to Role in Cybercrime Schemes Involving Tens of Millions of Dollars in Losses

 

A Ukrainian national pleaded guilty today to his role in two separate and wide-ranging malware schemes involving tens of millions of dollars in losses.

“Vyacheslav Igorevich Penchukov was a leader of two prolific malware groups that infected thousands of computers with malicious software. These criminal groups stole millions of dollars from their victims and even attacked a major hospital with ransomware, leaving it unable to provide critical care to patients for over two weeks,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Before his arrest and extradition to the United States, the defendant was a fugitive on the FBI’s most wanted list for nearly a decade. Today’s guilty pleas should serve as a clear warning: the Justice Department will never stop in its pursuit of cybercriminals.”

According to court documents, Vyacheslav Igorevich Penchukov, also known as Vyacheslav Igoravich Andreev and Tank, 37, of Donetsk, helped lead a wide-ranging racketeering enterprise and conspiracy that infected thousands of business computers with malicious software known as “Zeus” beginning in May 2009. After installing “Zeus” without authorization on victims’ computers, the enterprise then used the malicious software to capture bank account information, passwords, personal identification numbers, and similar information necessary to log into online banking accounts. Penchukov and his co-conspirators then falsely represented to banks that they were employees of the victims and authorized to make transfers of funds from the victims’ bank accounts, causing the banks to make unauthorized transfers of funds from the victims’ accounts, resulting in millions of dollars in losses to the victims. The enterprise used residents of the United States and elsewhere as “money mules” to receive wired funds from victims’ bank accounts into their own bank accounts, who then withdrew and wired funds overseas to accounts controlled by Penchukov’s co-conspirators. 

Penchukov was charged with these offenses in the District of Nebraska. Given the severity of the charges in the case and the harm posed to American victims, Penchukov was added to the FBI’s Cyber Most Wanted List.

“The U.S. Attorney’s Office for the District of Nebraska, in concert with the U.S. Attorney’s Office for the Eastern District of North Carolina and Justice Department’s Computer Crime and Intellectual Property Section, successfully coordinated the prosecution and plea of Penchukov,” said U.S. Attorney Susan T. Lehr for the District of Nebraska. “This case demonstrates that cybercrime can affect anyone, no matter where they are. It also demonstrates that no matter where the cybercriminals are, the department can and will bring them to justice.”

Despite being added to the FBI’s Cyber Most Wanted List, Penchukov returned to criminal activity by helping lead a conspiracy that infected victim computers with IcedID or Bokbot, a new malware, from at least November 2018 through February 2021. IcedID was a sophisticated form of malicious software that collected and transmitted personal information from victims, including credentials for banking accounts. Penchukov and his co-conspirators used this information to steal from IcedID’s victims. IcedID also provided access to infected computers for other forms of malicious software, including ransomware. One such victim of this ransomware attack was the University of Vermont Medical Center, causing the loss of over $30 million from this victim alone, and left the medical center unable to provide many critical patient services for over two weeks, creating a risk of death or serious bodily injury to patients. Penchukov was charged with these offenses in the Eastern District of North Carolina.

“Malware like IcedID bleeds billions from the American economy and puts our critical infrastructure and national security at risk,” said U.S. Attorney Michael Easley for the Eastern District of North Carolina. “The Justice Department and FBI Cyber Squad won’t stand by and watch it happen, and won’t quit coming for the world’s most wanted cybercriminals, no matter where they are in the world. This operation removed a key player from one of the world’s most notorious cybercriminal rings. Extradition is real. Anyone who infects American computers had better be prepared to answer to an American judge.”

“Core to the FBI’s cyber strategy is our willingness to play the long game and take players off the field. Vyacheslav Penchukov was a prolific criminal for over a decade and his criminal activities caused millions in damages,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “The FBI would like to thank our partners in both public and private sectors, and domestically and globally, for helping us bring Penchukov to justice.”

Penchukov was arrested in Switzerland in 2022 and extradited to the United States in 2023.

Penchukov pleaded guilty to one count of conspiracy to commit a racketeer influenced and corrupt organizations (RICO) act offense for his leadership role in the “Zeus” enterprise. Penchukov (as Andreev) also pleaded guilty to one count of conspiracy to commit wire fraud for his leadership role in the IcedID malware group. He is scheduled to be sentenced on May 9 and faces a maximum penalty of 20 years in prison for each count. A federal judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Omaha and Charlotte Field Offices are investigating the case.

Assistant Deputy Chief William A. Hall Jr. and Senior Counsels Frank Lin and Ryan K.J. Dickey of the Criminal Division’s Computer Crime and Intellectual Property Section, Assistant U.S. Attorney John E. Higgins for the District of Nebraska, and Assistant U.S. Attorney Brad DeVoe for the Eastern District of North Carolina are prosecuting the case.

The Justice Department’s Office of International Affairs worked with the Swiss Federal Office of Justice to secure the arrest and extradition of Penchukov.

Attorney General James Calls on FDA to Protect Children from Lead and Other Toxic Metals in Baby Food

 

At Least 49 Recent Lead Poisoning Cases in New York Connected to Recalled Cinnamon Applesauce Pouches Highlight Urgent Need for Stronger Protections

New York Attorney General Letitia James led a coalition of 20 attorneys general calling on the U.S. Food and Drug Administration (FDA) to take urgent action to protect babies and young children nationwide from lead and other toxic metals in baby food. In a letter, Attorney General James and the coalition urged FDA to act on the attorneys general’s October 2021 petition and subsequent June 2022 petition and letter, which asked FDA to issue specific guidance to the baby food industry to require testing of all finished food products for lead and other toxic metals. The coalition emphasizes the critical need for FDA to act, citing recent findings of hundreds of childhood lead poisoning cases — including at least 49 confirmed or probable cases in New York — linked to recalled cinnamon applesauce pouches that were sold in stores throughout the country without first being tested for toxic metals. 

“Parents and guardians should not have to worry that food products designed to be safe and healthy for children might contain harmful levels of lead or other toxic metals,” said Attorney General James. “Nothing is more important than ensuring the health and safety of our youngest and most vulnerable. I am calling on FDA to immediately take action to strengthen protections for children’s food, and I encourage families to check their pantries for the cinnamon applesauce pouches that were recently recalled.”

Despite the agency concluding years ago that babies’ and young children’s smaller bodies and metabolisms make them more vulnerable to the harmful effects of toxic metals, FDA has established only one action level, or amount of toxic metal in a product at or above which FDA will remove the product from the market, for one type of toxic metal (inorganic arsenic) in one type of baby food product (infant rice cereal) to date. Under current FDA policy, baby food manufacturers are left to decide whether or not to even test their products for toxic metals and other contaminants.

This delay in FDA action is both a public health concern and a matter of environmental justice, as children from low-income communities and communities of color are disproportionately impacted by lead through exposure to lead-based paint, lead in drinking water pipes, and other sources. Lead in their food only exacerbates the existing inordinate and inequitable hazards these children face.  

In April 2021, FDA announced the “Closer to Zero” plan, under which the agency committed to proposing action levels for lead in various baby foods by April 2022, inorganic arsenic in various baby foods by April 2024, and cadmium and mercury sometime after April 2024. FDA has since removed those deadlines from its Closer to Zero website. In October 2021, Attorney General James led a coalition of 23 attorneys general in filing a petition with FDA urging the agency to issue clear industry guidance on testing for lead and other toxic metals in finished baby and toddler food products. After FDA denied the 2021 petition, Attorney General James and the coalition sought reconsideration of the decision in June 2022. The letter renews the call for FDA to take urgent action to protect families from lead and other toxic metals in baby food products.

In the letter, Attorney General James and the coalition highlight recent widespread childhood lead poisonings related to high levels of lead detected in WanaBana, Schnucks, and Weis brand cinnamon applesauce pouches that were not tested for toxic metals and have since been recalled. The now-recalled WanaBana pouches were sold in Dollar Tree stores throughout the country. The Centers for Disease Control (CDC) has identified nearly 400 confirmed or probable childhood lead poisoning cases in connection to consumption of these cinnamon applesauce pouches, including at least 49 children in New York.

Lead in Baby Food

Consumers who have purchased these recalled products and may still have them in their homes should not feed them to children or anyone else. Instead, these products should be safely discarded by carefully opening each pouch and emptying the contents into the garbage to prevent others from possibly salvaging and consuming the recalled products. For more information on these recalled products, consult FDA.

Attorney General James is a national leader on children’s food safety. In addition to her continued leadership in advocating for swift federal action, the Office of the Attorney General (OAG) has investigated several manufacturers of baby food regarding levels of inorganic arsenic found in infant rice cereal products, and the advertising of these products. In February 2022, Attorney General James demanded that baby food brand HolleUSA stop false or misleading advertising of its products as “lead free” after laboratory testing revealed that several of its baby foods available in New York contained detectable levels of lead, cadmium, and arsenic. In response, HolleUSA promptly removed the misleading logos and statements from their websites and virtual storefronts.

Joining Attorney General James in sending this letter to FDA are the Attorneys General of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, North Carolina, Oregon, Pennsylvania, Vermont, Washington, and Wisconsin.

“Our babies deserve better,” said Scott Faber, Senior Vice President for Government Affairs at the Environmental Working Group. “What’s clear now is that the honor system that trusts food companies to verify the safety of our baby food is not working. What’s needed is mandatory testing and sampling and electronic reporting, not a shadowy system of third-party certifications and the false hope that an FDA inspector might someday show up. We’ve gambled with our babies’ brains, and our babies are paying the price. We applaud Attorney General James and her coalition for demanding that FDA take immediate action to protect our babies.”

“Babies are exquisitely sensitive to heavy metals,” said Dr. Philip J. Landrigan, pediatrician and Director of Global Public Health at Boston College. “No level of metal exposure is safe for a young child, and early-life exposures to even very low levels of lead, arsenic, cadmium, and mercury increase risks of brain damage, cancer, anemia, and kidney damage. As a pediatrician who has worked for decades to protect children against toxic chemicals in the environment, I strongly endorse AG James and the coalition of attorneys general in urging the FDA to rapidly reduce toxic metal levels in baby foods and to avoid any further delay in safeguarding babies' health.”

BRONX MAN SENTENCED TO 15 YEARS IN PRISON FOR GUN POSSESSION AND FLEEING POLICE IN CAR CHASE ON THE GRAND CONCOURSE

 

Defendant was Convicted by Jury 

Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 15 years in prison for possessing a loaded gun and for leading cops on a chase until he crashed into several parked cars. 

District Attorney Clark said, “The jury has spoken: anyone who has a loaded gun on the streets of the Bronx will be held accountable. We must end the proliferation of firearms that rip our community apart. The defendant not only had a gun, he fled police, drove recklessly on a major roadway and crashed into parked cars.” 

District Attorney Clark said the defendant, Dante Anderson, 36, of 2850 Grand Concourse, was convicted of second-degree Criminal Possession of a Weapon, and third- degree Unlawfully Fleeing a Police Officer in a Motor Vehicle after a jury trial on September 27, 2023. He was sentenced January 31, 2024, before Bronx Supreme Court Justice Raymond Bruce to 15 years in prison and 5 years post-release supervision.

According to the investigation, at 1:00 a.m. on October 28, 2021, near East 188th Street and the Grand Concourse, officers of the 52 Precinct’s Public Safety Team saw a 2012 Range Rover changing lanes without signaling. When they tried to pull the vehicle over, Anderson drove off. Police pursued him as he drove wildly for at least seven minutes on the Grand Concourse and tossed a loaded 9mm semi-automatic pistol out the window before crashing into a group of parked cars and running away. Officers arrested him about a block away.

District Attorney Clark also thanked NYPD Detective Milton Feliberty of the Bronx District Attorney’s Squad, NYPD Officers Matthew Guerrido of the 52 Precinct and Angela Merriot of the Queens Special Victims Unit, (formerly of the 52 Precinct,) Police Officer Julio Rosa of the Evidence Collection Team, and Detectives Anthony Taccetta of the 52 Precinct Squad and Judah Stavrakoglou of the Police Laboratory, Firearms Analysis Section.  

Governor Hochul Announces $200 Million in Utility Bill Relief for 8 Million New Yorkers

Exterior Power Meter

Discount Provided to Residential and Non-Residential Electric and Gas Customers

More Than $1.4 Billion in Assistance Available to Energy Utility Customers in 2024

Governor Kathy Hochul today announced that the New York State Public Service Commission adopted a $200 million New York State energy bill credit to be administered by the large electric and gas utilities on behalf of their customers. The energy bill credit is a one-time credit using State-appropriated funds to provide energy bill relief to more than 8 million directly metered electric and gas customers. With today’s action, more than $1.4 billion has been or will be made available to New York consumers to help offset energy costs in 2024.

“Every New Yorker deserves affordable and clean energy, which is why I fought to secure additional funds to provide financial relief for hardworking families,” Governor Hochul said. “Energy affordability continues to be a top priority in my clean energy agenda and this utility bill credit is just one of many actions New York is taking to reduce costs for our most vulnerable New Yorkers.”

The program, proposed by the Energy Affordability Policy working group, provides that the $200 million appropriation included in the FY24 State Budget will be allocated to customer accounts through a one-time credit within roughly 45 days of the utilities receiving budget funds. This utility bill relief builds on several other key energy affordability programs administered by New York State, including $380 million in energy assistance program (EAP) funding for consumers through utilities, $360 million in Home Energy Assistance Program (HEAP) funding, $200 million in EmPower+ funding through the State Budget, over $200 million in ratepayer funding to provide access to energy efficiency and clean energy solutions for low-to -moderate income (LMI) New Yorkers through the Statewide LMI portfolio and NY Sun, and more than $70 million annually through the Weatherization Assistance Program (WAP).

The Department of Public Service (DPS), in consultation with the Energy Affordability Policy working group, was tasked with designing a utility bill relief program related to the costs of utility affordability programs in recognition of energy commodity cost increases and the costs of utilities' delivery rate increases. The working group considered multiple proposals over several months to effectuate the desired relief. The majority of the working group agreed to the staff proposal after several key modifications and recommended the PSC implement a one-time energy bill credit that would primarily benefit residential and small business electric and gas customers.

The Energy Affordability Policy working group is made up of leading consumer groups and advocates, municipalities, relevant state agencies, and utilities in New York.

In addition to the energy bill credit funds and EmPower+, New York State programs offer funding and technical assistance that can assist homeowners, renters, and businesses manage their energy needs. This includes:

  • Apply for HEAP: As of November 1, applications were being accepted for the Home Energy Assistance Program (HEAP) which can provide up to $976 to eligible homeowners and renters depending on income, household size and how they heat their home (e.g., family of four with a maximum monthly gross income of $5,838 can qualify). For more information visit NYS HEAP.
  • Energy Affordability Program/Low Income Bill Discount Program: This program provides income-eligible consumers with a discount on their monthly electric and/or gas bills, as well as other benefits, depending on the characteristics of the particular utility's program. New Yorkers can be enrolled automatically if they receive benefits from a government assistance program. For more information, they should visit their utility website or links can be found at DPS Winter Preparedness.
  • Community-based Service Programs: Service organizations and local community agencies provide financial aid, counseling services and assistance with utility emergencies. New Yorkers can contact organizations like the American Red Cross (800-733-2767), Salvation Army (800-728-7825), and United Way (2-1-1 or 888-774-7633) to learn more.
  • Receive a customized list of energy-related assistance in the State: New York Energy Advisor can help income-eligible New Yorkers locate programs that help them spend less on energy and create healthier and more comfortable spaces. With New York Energy Advisor, consumers answer simple questions and get connected with energy-saving offers in New York State. Sponsored by NYSERDA and utilities, qualified New Yorkers can get help paying utility bills, receive special offers on heating assistance, and more.
  • EmPower+: Income-eligible households can receive a home energy assessment and no-cost energy efficiency upgrades through the EmPower+ program, administered by NYSERDA. Get more information about the program, including information on how to apply at https://www.nyserda.ny.gov/All-Programs/EmPower-New-York-Program.
  • Weatherization Assistance Program (WAP): Administered by New York State Homes and Community Renewal, WAP provides income-eligible households with no-cost weatherization services. Rental properties can also be served, though there are additional requirements for owners of rental properties. For more information on WAP, including how to apply, visit https://hcr.ny.gov/weatherization-applicants.

New York State's Nation-Leading Climate Plan

New York State's nation-leading climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is on a path to achieving a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and economywide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $40 billion in 64 large-scale renewable and transmission projects across the state, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, nearly $3 billion for clean transportation initiatives, and over $2 billion in NY Green Bank commitments. These and other investments are supporting more than 170,000 jobs in New York’s clean energy sector as of 2022 and over 3,000 percent growth in the distributed solar sector since 2011. To reduce greenhouse gas emissions and improve air quality, New York also adopted zero-emission vehicle regulations, including requiring all new passenger cars and light-duty trucks sold in the State be zero emission by 2035. Partnerships are continuing to advance New York’s climate action with 400 registered and more than 100 certified Climate Smart Communities, nearly 500 Clean Energy Communities, and the State’s largest community air monitoring initiative in 10 disadvantaged communities across the State to help target air pollution and combat climate change.


NYS Office of the Comptroller DiNapoli Releases Report on NYS Executive Budget

 

Office of the New York State Comptroller News

State Finances Have Stabilized and Budget Gaps Reduced; Multiple Proposals Continue to Bypass Comptroller Oversight

After the disruption caused by the COVID-19 pandemic, the state’s finances have stabilized, and the Division of Budget (DOB) is now forecasting reduced budget gaps. In his annual report assessing the proposed Executive Budget, State Comptroller Thomas P. DiNapoli identifies positive developments, as well as risks, challenges, and concerns, including several new proposals that restrict independent oversight by his office.

“New York state has taken positive steps to stabilize its finances with higher reserves and lower projected budget gaps,” DiNapoli said. “Still, the Executive and the Legislature face the difficult challenge of ensuring adequate funding for our schools, health care programs, and other critical needs while improving the state’s affordability. I’m also concerned this budget again advances provisions that would diminish my office’s oversight, including new proposals to restrict my office’s approval of certain state bond issuances. This independent oversight protects taxpayers from short-sighted decisions that can burden the state financially. These proposals should be rejected.”

The State Comptroller’s terms and conditions approval of private sales of State Personal Income Tax (PIT) and Sales Tax bonds ensures the costs of borrowing are reasonable and appropriate, providing a critical check on poor fiscal management and bond structuring choices that may otherwise occur. The budget proposal to significantly curtail this approval would expand the Executive’s powers, allowing for costlier and riskier bonding choices with State PIT and Sales Tax bond issues, the primary vehicles by which the state conducts most of its borrowing. It would also create a dangerous precedent, likely to be sought by other public authority bond issuers, such as the Metropolitan Transportation Authority, which has a history of poor debt practices. Limiting oversight by the State Comptroller would inevitably lead to bond structuring decisions that will increase costs to state taxpayers over the long run. 

Economic and Budget Outlook

DOB projects the economy will slow considerably in the first half of 2024, growing by less than 1%. Stronger growth is forecasted for the second half of the year, but at rates below 2023 levels.  DOB projects economic growth nationwide to be 1.3% in 2024 with a slight increase of 1.9% in 2025.

For State Fiscal Year (SFY) 2024-25, All Funds revenues exclusive of federal receipts are projected by DOB to total $135.9 billion, an increase of 0.4% or $495 million. All Funds tax collections are forecast to grow by 3.4% or $2.6 billion, reflecting continuing but slower growth, offset by a decline in miscellaneous receipts. Proposals included in the Executive Budget will have a minimal net impact to state revenues in SFY 2024-25.

The state’s structural budget gap is projected to worsen over the next few years, as DOB projects growth in disbursements to rapidly outpace receipts throughout the five-year Financial Plan period. Over this period, General Fund receipts are projected to grow 4.2% compared to disbursements that are projected to grow over four times as fast (17.7%).

While DOB projects a balanced budget in SFY 2024-25, a cumulative gap totaling $20.1 billion is forecast for the remainder of the Financial Plan period through 2027-28. This reflects multiple factors, including $18.3 billion of General Fund spending growth forecast to occur through SFY 2027-28 and the loss of federal pandemic aid after SFY 2024-25. School Aid and Medicaid are the two largest General Fund spending categories, comprising 47.7% of General Fund spending in the current fiscal year, and forecast to grow to 52.4% by SFY 2027-28.

Risks

DiNapoli’s report noted several risks and uncertainties that could affect the state budget, including economic and revenue risks, the growing structural imbalance, overreliance on unrestricted reserves, costly and inappropriate debt practices, and efforts to bypass transparency and independent oversight.

Economy and Revenue

While both the number of jobs and workers nationally exceed their pre-pandemic levels, New York has yet to achieve full recovery in either measure. DOB does not project the state to return to pre-pandemic employment until the second half of 2026.

According to the most recent U.S. Census estimates, New York’s population declined by nearly 102,000 from 2022 to 2023. The state has led the nation in population loss since 2020. In addition, DiNapoli has reported that the net-outmigration of personal income taxpayers in tax year 2021, while lower than the year prior, remained elevated from pre-pandemic levels. The changes in the labor market as well as the overall population pose a risk to the New York economy and, in turn, its revenues.

Reserve Funds

The Executive and the Legislature have increased state reserve funds in recent years, including statutory reserves which now total $6.3 billion and $13.2 billion set aside in an informal reserve for “economic uncertainties,” for a total of $19.5 billion. This represents an estimated 15.1% of State Operating Funds spending levels. DiNapoli said greater priority should be placed on building statutory rainy day reserves, which are governed by rules for deposits, withdrawals and repayments, rather than relying on informal reserves which are under the Executive’s discretionary control. The Comptroller’s Reserve Reform proposal provides a disciplined, consistent approach to building reserves on a monthly basis. Given the heavy reliance on unrestricted funds as reserves, clear criteria and guidelines should be established to define the circumstances for using and repaying undesignated reserves.

Procurement Transparency and Oversight

DiNapoli said the Executive Budget includes several problematic provisions, similar to those included in prior budgets. The proposed budget exempts at least $160 million from the Office of the State Comptroller’s contract oversight and from competitive procurement process. DiNapoli’s review identified an additional $1.4 billion in spending that will be distributed without a competitive procurement process. The budget also adds language that would allow DOB to allocate nearly $1.9 billion in spending based on a plan that does not require that the funds be distributed based upon a competitive process or objective criteria. These proposed changes reduce transparency, competition, and oversight over a significant amount of taxpayer supported state spending.

Debt Practices

The Executive Budget continues recent practices to circumvent the state’s debt cap by utilizing a loophole in the Debt Reform Act to structure the Gateway Project debt (authorized up to $2.85 billion, currently estimated at $1.4 billion) with a federal loan to be repaid by the state through a service contract. The budget reduces transparency and accountability by inappropriately classifying the Gateway loan as state-related debt, inconsistent with past practice for this category of debt classification. Even though this debt now requires an appropriation in the SFY 2024-25 debt service bill and spending is assumed in the State’s Financial Plan, the budget misleadingly portrays the Gateway debt as if it is not a part of the state’s direct debt burden.

The state’s growing debt burden and poor debt practices demonstrate how the state’s current statutory debt limits are too easily bypassed and are in need of reform to restore transparency and accountability. The Comptroller’s Roadmap for State Debt Reform offers recommendations for comprehensive and binding constitutional state debt reform to restore accountability to state taxpayers.

Report

Report on the State Fiscal Year 2024-25 Executive Budget

Related Reports

A Roadmap for State Debt Reform

Taxpayer Movement During the Pandemic

The Case for Building New York State's Rainy Day Reserves

MAYOR ADAMS FULFILLS MAJOR STREET SAFETY COMMITMENT BY MAKING CITY VEHICLE FLEET SAFER

 

Issuance of Executive Order Will Increase Safety Requirements for City Contractor Vehicles, Ensures That All New City Trucks Have 360-Degree Cameras or High-Visibility Design 

 

NYPD Has Updated CompStat to Include Traffic Violence Statistics


New York City Mayor Eric Adams today issued Executive Order 39, outlining a comprehensive approach to addressing truck and bus safety for the city’s fleet and contracted unitsUnder the new executive order, and for the first time in the city’s history, city contractors will have new safety requirements, including preparing fleet safety plans, increasing driver training, adopting telematics, and adding 360-degree cameras to mitigate the impacts of visual impairments for operators. Mayor Adams also today ordered that all new trucks procured by the City of New York for use by city employees will be required to have 360-degree cameras or high-visibility designs. The executive order fulfills Mayor Adams’ commitment to enhance city contractor fleet safety as a part of a broad new street safety initiative, which included efforts to make thousands of New York City intersections safer. Additionally, the New York City Police Department (NYPD) has begun including traffic violence statistics in its regular CompStat reporting.

“Traffic safety is public safety, and our administration is doubling down on our efforts to make streets safe places for pedestrians, cyclists, delivery workers, drivers, and everyone else using our streets,” said Mayor Adams. “The executive order I’m issuing today will help equip the vehicles that ‘Get Stuff Done’ for New Yorkers with the latest technologies and features to be as safe as possible. New Yorkers deserve safe streets, and we’re delivering for them again today.”

“New York must be a national leader in establishing safety on the road,” said Deputy Mayor for Operations Meera Joshi. “This executive order, establishing new safety guardrails for the city's fleet, will go a long way in making that a reality — making meaningful progress in our Vision Zero goals with safety enhancements for over 23,000 trucks and buses traveling through New York City.”  

“This executive order to expand safety requirements for certain city vehicles moves New York closer to eliminating the behavior that can cause roadway injuries and deaths,” said NYPD Commissioner Edward A. Caban. “Traffic safety is an integral component of the NYPD’s overall public safety strategy, and it will remain so through this administration.”

“Today’s announcement is a major step towards safer streets for New Yorkers, and is a big win for our city,” said New York City Department of Citywide Administrative Services (DCAS) Commissioner Dawn M. Pinnock. “We are proud to be a part of the Adams administration and see safety strategies, like these, move from inception to execution. By codifying these requirements, we are taking a holistic approach to innovate fleet safety technologies, installing new safeguards, and utilizing training and fleet planning to help keep our bustling streets safe from automotive incidents.”

“A key piece of delivering street safety is ensuring the vehicles on our roads are as safe as possible—not only for their operators but also for the pedestrians and cyclists on our streets,” said New York City Department of Transportation Commissioner Ydanis Rodriguez. “These measures will bring important safety gains to our streets by requiring city vehicles, and those of the city's contractors, to be held to high safety standards under Vision Zero. We thank Mayor Adams, DCAS Commissioner Dawn M. Pinnock, and all of our agency partners and contractors for their commitment to reducing traffic fatalities in New York City.”

Today’s executive order codifies training requirements for all city fleet drivers and city contractors to participate in safe driver training. Furthermore, effective July 1, 2024, all city contractors will be required to develop fleet safety plans, enroll drivers in the State License Event Notification System, and report all crashes that occur while doing business on behalf of the city. Additional details of the executive order include:

  • The required adoption of telematics that tracks location and speed, and to report this information to city agencies when performing city contract services. As required by Executive Order 41 of 2019, the city’s fleet has already been utilizing telematics to inform safety improvements. Local Law 32 requires tracking for contracted school buses. This executive order will extend the requirement to all city contracts.
  • A requirement for city fleet vehicles and trucks from city contractors to install 360-degree cameras or invest in high-visibility trucks. DCAS has installed 360-degree cameras on 2,000 city trucks and will procure high-vision trucks whenever available. These 360-degree cameras and high-vision trucks play a critical role in addressing visual obstructions for truck drivers that can place pedestrians, bicyclists, children, and all vulnerable road users at risk.

An estimated 5,600 contracted trucks will be impacted by this executive order. The city operates nearly 7,500 trucks and 10,000 contracted school buses, resulting in safety enhancements for over 23,000 trucks and buses traveling throughout New York City daily.

Additionally, late last year, Mayor Adams announced that the NYPD would begin integrating traffic fatality data on its CompStat 2.0 online dashboard, a resource that provides New Yorkers with weekly statistics that reflect the administration’s progress on fighting overall crime and promoting traffic safety. The new category — broken down by patrol borough, precinct, day of the week, and time-of-day — now puts traffic violence on par with violent crime and elevates the administration’s efforts to reduce traffic-related injuries and deaths in every neighborhood. Further, the now-launched NYPD online Traffic Data section contains statistical information about moving violation summonses, motor vehicle collisions, and instances of leaving-the-scene-of-an-incident, and provides access to the NYPD’s raw feed of traffic-related data used to populate the searchable “Traffic Safety Forum.”

“DCAS is leading the way nationally in safety improvements to its fleet, including truck side-guards, telematics, intelligent speed assistance, and truck surround cameras,” said DCAS Deputy Commissioner and New York City Chief Fleet Officer Keith Kerman. “With this executive order, Mayor Adams extends the DCAS Safe Fleet Plan to city contractors, ensuring that all who do work on the city’s behalf and that are funded by the city — whether with in-house fleet or contracted vehicles — are operating in the safest possible manner. DCAS looks forward to working with all our partner agencies to implement this Vision Zero priority.”

“Today's executive order creates a framework that will not only dramatically influence road safety in New York City, but that will positively affect purchasing decisions in cities across the country,” said Peter Goldwasser, executive director, Together for Safer Roads. “By focusing on the issue of high vision trucks, New York City is sending a clear message that truck design matters and that safer alternatives  trucks that provide superior direct vision  should be the new standard. The issue of blind zones and cab design is one that Together for Safer Roads is fully committed to and one that we look forward to continuing to partner on with New York City, including utilizing our Direct Vision 5 Star Rating System. Congratulations to DCAS for continuing to innovate and lead on road safety.”

Governor Hochul Announces New Statute of Limitations for Unlawful Discrimination

Governor Hochul's personalized pens


New Statute Extends Time to File an Unlawful Discrimination Claim, from One Year to Three Years. 


Governor Kathy Hochul today announced all New Yorkers who experience unlawful discrimination will have three years to file a complaint with the New York State Division of Human Rights. The new statute of limitations, which takes effect on February 15, 2024, was recently signed into law and extends the statute of limitations from one year to three years for filing unlawful discrimination claims.

“New York State remains committed to promoting safety, dignity, and respect for survivors as the tide of hate rises across our country," Governor Hochul said. "This new statute of limitations adds another layer to our collective responsibility to protect one another and create an environment that makes survivors feel safe.”

Prior to the enactment of this legislation, the New York State Human Rights Law allowed survivors of discrimination one year, from the date of the alleged incidents, to file an unlawful discrimination claim with the NYS Division of Human Rights. With this new amendment to the law, all unlawful discrimination claims for incidents occurring on or after February 15, 2024, can be filed within three years of the alleged discrimination to the NYS Division of Human Rights. Incidents occurring on or before February 14, 2024 would still require a claim to be filed within one year of the incident, or three years for sexual harassment in employment.

The statute of limitations for filing all discrimination complaints in a New York court under the Human Rights Law remains three years. For complaints filed with the Division of Human Rights alleging sexual harassment in the workplace that occurred after August 12, 2020, the statute of limitations remains three years from the most recent incident.

In emphasizing the necessity for the bill, advocates referenced studies showing that survivors of discriminatory experiences often have difficulty processing discriminatory incidents within the current filing timeframe, leaving survivors without legal remedy after the personal healing process.

New Yorkers who have experienced discrimination can file complaints with the NYS Division of Human Rights online, by mail, or in person. For more information about the law and the work of the agency, please visit the Division’s website at www.dhr.ny.gov or call 1-888-392-3644.