OSHA Safety and Health Officer and His Brother Charged with Conspiring to Extort Contractor

 

  Two Essex County, New Jersey, men – a compliance safety and health officer (CSHO) with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) and his brother – are scheduled to appear today on charges that they conspired to extort $6,000 in cash from a general contractor, U.S. Attorney Craig Carpenito announced.

Alvaro Idrovo, 44, of Bloomfield, New Jersey, and Paul Idrovo, a/k/a “Jose Diaz,” 46, of Nutley, New Jersey, are charged by complaint with knowingly and intentionally conspiring to commit an offense against the United States, specifically to commit an act of extortion under color of Alvaro Idrovo’s office or employment with OSHA. The defendants are scheduled to appear later today by videoconference before U.S. Magistrate Judge Leda Dunn Wettre. 

According to the complaint:

Alvaro Idrovo was assigned to investigate an anonymous complaint concerning the misuse of an extension ladder at a North Bergen work site of Company 1. He told Individual 1, the owner of Company 1, that Individual 1 was in violation of OSHA regulations for not having the necessary safety training certificates for Company 1’s workers to be on ladders at the work site. Alvaro Idrovo falsely advised Individual 1 that he needed to obtain training certificates with a specific vendor named “Jose Diaz” or Individual 1 would be subject to exorbitant fines and possible arrest for the violation.

Individual 1 contacted the phone number supplied by Alvaro Idrovo, which actually belonged to Paul Idrovo, posing as “Jose Diaz,” who told Individual 1 that the required OSHA training certificates would cost $13,000 in cash and repeated Alvaro Idrovo’s false assertions that if Individual 1 did not get the training certificates that Individual 1 would be in big trouble with OSHA, including big fines and possible jail. In follow-up telephone conversations with Paul Idrovo, Individual 1 was able to negotiate the fee down to $6,000 in cash.

When OSHA officials learned of Idrovo’s attempt to extort Individual 1 while questioning Individual 1 on an unrelated matter, the OSHA officials referred the matter to federal law enforcement officials, who arranged for Individual 1 to make consensual recordings with both Alvaro and Paul Idrovo. During an April meeting surveilled by law enforcement, Individual 1 paid Paul Idrovo $6,000 in cash in exchange for ladder and safety awareness training certificates and a safety and health plan. Alvaro Idrovo thereafter attached copies of the training certificates and the plan to his OSHA reports regarding Company 1’s violation despite knowing that the training certificates falsely claimed that training had been provided to the noted individuals in March 2020, “Jose Diaz” had provided training, and the alleged training was OSHA certified.  

The conspiracy charge carries a maximum potential penalty of five years in prison and a $250,000 fine.

U.S. Attorney Carpenito credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Michael C. Mikulka in New York, and special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to the charges.

The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Physician and Sales Representative Charged in $2.5 Million Health Care Fraud and with Unlawful Disclosure of Patient Information

 

  A federal grand jury has returned a 16-count indictment charging a physician and pharmaceutical sales representative with defrauding New Jersey state health benefits programs and other insurers out of more than $2.5 million by submitting fraudulent claims for medically unnecessary prescriptions, as well as unlawfully obtaining and disclosing individually identifiable patient health information protected by HIPAA, U.S. Attorney Craig Carpenito announced. 

Keith Ritson, 40, of Bayville, New Jersey, and Frank Alario, M.D., 63, of Delray Beach, Florida, are charged with conspiracy to commit health care fraud and wire fraud, as well as individual acts of health care fraud and wire fraud. Both men are charged with a second conspiracy to wrongfully obtain and disclose patients’ individually identifiable health information. Alario is additionally charged with making false statements in a health care matter, and Ritson faces additional charges of conspiring to commit money laundering and substantive counts of money laundering.

The cases are assigned to U.S. District Judge Robert B. Kugler in Camden. The indicted defendants are expected to make their initial appearances before U.S. Magistrate Judge Ann Marie Donio in Camden federal court via videoconference on Sept. 10, 2020.

According to the indictment:

Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredient.

The conspirators recruited individuals to obtain very expensive and medically unnecessary compounded medications from a Louisiana pharmacy, Central Rexall Drugs Inc. (Central Rexall). The conspirators learned that certain compound medication prescriptions – including pain, scar, antifungal, and libido creams, and vitamin combinations – would be reimbursed by insurance providers in amounts in the thousands of dollars for a one-month supply.

The conspirators also learned that some New Jersey state and local government and education employees, including teachers, police officers, and state troopers, had insurance coverage for these particular compound medications. An entity referred to in the indictment as the “Pharmacy Benefits Administrator” provided pharmacy benefit management services for the State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents, the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents, and other insurance plans.  The Pharmacy Benefits Administrator would pay prescription drug claims and then bill the State of New Jersey or the other insurance plans for the amounts paid.

In the first charged conspiracy, Ritson recruited individuals with prescription drug benefits administered by the Pharmacy Benefits Administrator to receive unnecessary compound medication prescriptions, which Alario signed without examining, speaking with, or establishing a physician-patient relationship with the patient. Alario sent a form to Central Rexall’s compliance program in which he falsely attested that he saw and spoke with patients in person and established a physician-patient relationship prior to prescribing Central Rexall medications. Ritson and Alario earmarked established patients of Alario’s medical practices who had insurance that covered the expensive compound medications. Alario prescribed the medications not for the patient’s need or request, but for the benefits he and Ritson stood to gain. The scheme caused the Pharmacy Benefits Administrator to pay over $2.5 million for the fraudulent prescriptions. For his role in the scheme, Ritson received a percentage of the amount that Central Rexall received from the Pharmacy Benefits Administrator for the medications, and Alario benefitted by receiving free meals, entertainment, travel, and other remuneration from Ritson. 

The indictment also charges Ritson and Alario with a separate scheme to wrongfully obtain and disclose individually identifiable patient health information for their own personal gain and commercial advantage. As a sales representative not affiliated with Alario’s medical practices, Ritson should not have had access to patients’ confidential information. However, since only certain insurances covered the compound medications promoted by Ritson, the defendants accessed patient files and other identifying information to ascertain patients’ insurance coverage. On at least one occasion, Ritson and Alario jointly accessed patient information on an office computer for the purpose of determining insurance coverage for the medications. Ritson also had access to parts of Alario’s office where patient information was stored or could be heard and observed, including employee-restricted areas with medical files, fax machines, and computers. Ritson was also frequently present in exam rooms during patient appointments with Alario for the purpose of promoting the compound medications, at which time Alario commonly introduced Ritson to his patients as his “nephew” or gave the impression that Ritson was affiliated with the medical practice.  By being present during the patient exams, Ritson had access to patients’ medical files and protected health information.

The health care fraud and wire fraud conspiracy count carries a maximum potential penalty of 20 years in prison; each wire fraud count carries a maximum potential penalty of 20 years in prison; each health care fraud count carries a maximum penalty of 10 years in prison; the false statement count and the conspiracy to wrongfully obtain or disclose individually identifiable patient health information count each carry a maximum penalty of five years in prison; and the money laundering charges carry a maximum penalty of 10 years in prison. All of the offenses are also each punishable by a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greater.

U.S. Attorney Carpenito credited agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; and the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, with the investigation leading to the indictment. He also thanked the Division of Pensions and Financial Transactions in the State Attorney General’s Office, under the direction of Attorney General Gurbir S. Grewal and Division Chief Aimee Nason, for its assistance in the investigation.

The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

SCHUMER, GILLIBRAND ANNOUNCE OVER $73 MILLION IN ADDITIONAL CDBG FUNDING FOR NY COMMUNITIES REBUILDING FROM PANDEMIC

 

The COVID-19 Pandemic Stretched Upstate NY Facilities Thin And Left Vulnerable Populations Behind; Schumer Fought To Include $$ For Strengthening Upstate Public Infrastructure, Creating Good-Paying Jobs & Supporting Local Housing And Development Projects

Schumer, Gillibrand Say Additional Dollars For CDBG Program Will Help Mitigate Local Economic Crises By Investing In Economic Development, Neighborhood Revitalization & Transformative Housing Initiatives Across New York State 

Senators: CDBG Funding Is More Important Now Than Ever Before

In the third tranche of Schumer-negotiated CARES Act supplemental funding, U.S. Senator Charles E. Schumer and U.S. Senator Kirsten Gillibrand today announced that New York state localities will receive $73,034,187 in additional federal funding through the Community Development Block Grant (CDBG) program for communities to prevent, prepare for, and respond to COVID-19. The funding will be allocated by the Office of Community Planning and Development (CPD), which is part of the Department of Housing and Urban Development (HUD). The total eligible funding will go directly to the localities from the Secretary of HUD, Ben Carson, upon application.

“The Community Development Block Grant is a vital stream of investment that supports local economic growth, vital services to seniors and families, community revitalization, and affordable housing. Even in the midst of the coronavirus pandemic, we must not forget to invest in our future, and this funding does just that,” said Senator Schumer. “I worked hard to get this funding on the negotiating table and into the final CARES Act because this program delivers real results to Upstate New York by creating good-paying jobs, delivering essential services, and investing in affordable housing for our vulnerable populations. I will always fight tooth and nail to deliver this critical investment for our communities.”

“I am pleased to announce this federal funding to support the CDBG Program, which will help promote local economic growth and expand access to affordable housing in Upstate New York,” said Senator Gillibrand. “This federal funding will help New Yorkers stay resilient during the pandemic and build on efforts to revitalize communities, create new jobs, and attract even more investments – all while helping ensure that housing can be accessible for all. I am proud to have fought for this CARES Act funding and I will continue working for the resources and support our communities need to thrive.”

A breakdown of the funding appears below:

CDBG Tranche 3 Upstate Allocations
Albany	$1,082,082
Amherst Town	$1,159,433
Auburn	$267,435
Binghamton	$594,320
Brookhaven Town	$3,284,817
Buffalo	$3,179,604
Cheektowaga Town	$864,606
Colonie Town	$697,697
Dunkirk	$111,257
Elmira	$266,199
Glen Falls	$162,525
Greece	$705,583
Hamburg Town	$524,505
Irondequoit	$355,109
Ithaca	$367,837
Jamestown	$302,569
Kingston	$256,376
Middletown	$250,534
Mount Vernon	$737,432
Newburgh	$370,023
New Rochelle	$812,745
Niagara Falls	$774,234
Poughkeepsie	$473,819
Rochester	$2,371,177
Rome	$296,621
Saratoga Springs	$358,743
Schenectady	$619,061
Syracuse	$1,676,401
Tonawanda Town	$624,178
Troy	$577,015
Union Town	$477,421
Utica	$679,576
Watertown City	$280,910
White Plains	$652,850
Yonkers	$2,242,970
Dutchess County	$2,014,752
Erie County	$2,461,149
Monroe County	$2,705,056
Onondaga County	$2,423,643
Orange County	$1,945,203
Rockland County	$2,588,407
Westchester County	$3,289,202
NY Nonentitlement	$27,149,111

EDITOR'S NOTE:

It's a good thing these two senators are bringing home the BACON, but why is it always for upstate New York? The Bronx is on the other side of the street from Yonkers and Mount Vernon. What's up?

 

Former Obstetrician/Gynecologist Robert Hadden Charged In Manhattan Federal Court With Sexually Abusing Patients

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that ROBERT HADDEN was arrested this morning and charged with enticing and inducing six victims to travel interstate to engage in illegal sexual activity.  The indictment unsealed today alleges that from at least in or about 1993, up to and including at least in or about 2012, HADDEN enticed and induced dozens of victims, including minors, to travel to his medical offices in New York, New York, at least in part for the purpose of subjecting them to unlawful sexual abuse.  HADDEN is expected to be presented before U.S. Magistrate Judge Robert W. Lehrburger this afternoon.  The case is assigned to U.S. District Judge Richard M. Berman.

Acting U.S. Attorney Audrey Strauss said:  “As alleged, between 1993 and 2012, Robert Hadden sexually abused dozens of women and girls during Ob/Gyn examinations at his medical offices in Manhattan.  Hadden allegedly used the examinations of his victims for his own sexual gratification, abusing dozens of victims over a nearly 20-year period, including multiple minor girls, one of whom Hadden had himself delivered.  The allegations show that Hadden acted as a predator in a white coat.  He allegedly used the cover of conducting medical examinations to engage in sexual abuse that he passed off as normal and medically necessary, when it was neither normal nor necessary – it was criminal.  I want to thank and commend the brave women who were willing to come forward to tell us what happened to them, without whom these charges could not have been brought.” 

FBI Assistant Director William F. Sweeney Jr. said:  “The abusive behavior alleged here took place over the course of nearly two decades, which means there could be many victims out there we have not heard from. We are asking anyone seeing this information to reach out to us. We want you to know FBI special agents, NYPD detectives, analysts, victim specialists, and prosecutors investigating this case are here for each and every one of you, and we are your advocates. It is important to remember nothing Dr. Hadden has done was, or ever will be, your fault. We see time and time again that voices matter, and those who have stepped forward have empowered others to do the same. If you have been victimized by Robert Hadden in any way, or have any additional information about his alleged illegal behavior, please call us at 1-800-CALL-FBI, or reach out to us at www.tips.fbi.gov.”

If you believe you are a victim of the sexual abuse perpetrated by Robert Hadden, please contact the FBI at 1-800-CALL FBI, and reference this case.

According to the Indictment[1] unsealed today in Manhattan federal court:

Over more than a decade, ROBERT HADDEN sexually abused dozens of female patients, including multiple minors, under the guise of conducting purported gynecological and obstetric examinations at HADDEN’s medical offices and at hospitals in New York, New York.

From at least 1993 through at least 2012, HADDEN enticed and induced multiple victims to travel to his medical offices in New York, at least in part for the purpose of subjecting them to unlawful sexual abuse.  HADDEN used his position as a medical doctor at Columbia University to make or to attempt to make his victims believe that the sexual abuse he inflicted on them was appropriate and medically necessary.  HADDEN encouraged his victims to return to see him and often directed his victims to schedule follow-up visits on timelines he set.  As a result, some of his victims attended many appointments with HADDEN over the course of multiple years, at which HADDEN repeatedly abused them.  HADDEN caused multiple victims to return to appointments with him to be further sexually abused, knowing that in order to do so many of his victims would travel to HADDEN’s offices in Manhattan from or through other states.

As alleged, HADDEN abused dozens of patients through a process that entailed developing a relationship with his victims and causing them to trust him, before engaging in a course of increasingly abusive conduct, which HADDEN attempted to mask under the guise of legitimate medical care.  HADDEN frequently created opportunities to be alone with his victims.  Among other things, HADDEN invited his victims to meet with him alone in his office, sent nurses and medical assistants out of the examination room for periods of time, and/or intentionally failed to tell nurses and medical assistants when he was going into examination rooms, so that he could be alone with his victims.

After developing or attempting to develop a rapport with his victims, HADDEN then began to engage in a course of physical sexual abuse of his victims.  In the case of many victims, HADDEN’s conduct became increasingly abusive over time.  The abusive sexual conduct included, among other things, HADDEN conducting excessively long and sexualized breast exams that involved caressing or groping a victim’s breasts, and pinching, twisting, or otherwise manipulating a victim’s nipples; conducting two breast exams per appointment; conducting pelvic exams during which HADDEN used his hands to touch a victim’s clitoris, labia, vagina, and/or anus without a valid medical purpose; and conducting pelvic exams during which HADDEN licked a victim’s vagina.  HADDEN also frequently brought up inappropriate and medically irrelevant sexual topics without prompting from his patients. 

As alleged, HADDEN enticed and coerced six particular victims, including a minor victim, to travel to New York, New York, from or through another state to engage in illegal sexual activity.

ROBERT HADDEN, 62, of Englewood, New Jersey, is charged with six counts of enticing and inducing individuals to travel interstate to engage in illegal sexual activity, each of which carries a maximum sentence of 20 years in prison.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.

Ms. Strauss praised the outstanding investigative work of the FBI.

The charges contained in the Indictment are merely accusations.  The defendant is presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described therein should be treated as an allegation.  The defendant is presumed innocent unless and until proven guilty. 

Mexican Drug Traffickers Charged With Drug Trafficking Crime Based On Seizure Of More Than Three Tons Of Cocaine

 

The Defendants Were Transporting the Massive Cocaine Shipment in a Go-Fast Vessel off the Coast of Mexico’s Quintana Roo State

  Audrey Strauss, Acting U.S. Attorney for the Southern District of New York, Raymond P. Donovan, Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), Keith M. Corlett, Superintendent of the New York State Police (“NYSP”), Peter C. Fitzhugh, Special Agent in Charge of the New York Office of Homeland Security Investigations (“HSI”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced that RAYMUNDO MONTOYA-LÓPEZ, ABRAHAM ALFONSO GARCÍA-MONTOYA, and FELIZARDO DÍAZ-HERNANDEZ were charged in a criminal complaint in Manhattan federal court with conspiring to import almost three tons of cocaine into the United States.  The charge arises from a September 1, 2020, seizure by Mexico’s Secretaría de Marina (the “Mexican Navy”) of approximately 2,960 kilograms of cocaine off the coast of the Mexican state of Quintana Roo.

Acting Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, these defendants are responsible for the attempted importation of more than three tons of cocaine into the United States.  Thanks to the work of the DEA and the Mexican Navy, the shipment was interdicted and the defendants are in custody and facing federal prosecution.”

DEA Special Agent in Charge Raymond P. Donovan said:  “Law enforcement thwarted cartel plans to saturate the American drug market with cocaine by intercepting over three tons of cocaine heading towards American towns.  This international enforcement operation has saved lives and reemphasized law enforcement’s commitment to keeping America safe from drug trafficking, drug abuse, and violent crime.”

HSI New York Special Agent in Charge Peter C. Fitzhugh said:  “Cartels continue to operate with no regard for laws or human life, trafficking tons of deadly narcotics across the border and using bribery and intimidation to further their reach with government officials.  With HSI’s continued partnership with DEA’s Strike Force, three more alleged drug trafficking defendants will now face justice and three tons of cocaine will not reach our communities.”

State Police Superintendent Keith M. Corlett said:  “The combined efforts of federal, state and local law enforcement, along with authorities in Mexico, have put this operation out of business and disrupted the transport of thousands of kilos of cocaine to our streets.  This case continues our commitment and partnership to identify, arrest and prosecute anyone who tries to sell these dangerous drugs in our communities.”

Police Commissioner Dermot Shea said:  “This case is another illustration of our joint, ongoing responsibilities in eradicating international drug trafficking. Our NYPD officers, working with our law enforcement partners and federal prosecutors, follow the facts anywhere in the world to achieve justice, in this case interdicting nearly three tons of cocaine off the coast of Mexico.”

As alleged in the Complaint unsealed in federal court[1]:

On or about September 1, 2020, aircraft from the Mexican Navy located and began tracking a boat traveling northwest through the Caribbean Sea toward the Mexican city of Chetumal and the village of Mahahual.  Shortly thereafter, the Mexican Navy intercepted the boat approximately 85 nautical miles off the coast of Quintana Roo, and boarded and searched it.  During the search, the Mexican Navy found and arrested MONTOYA-LÓPEZ, GARCÍA-MONTOYA, and DÍAZ‑HERNANDEZ.  The Mexican Navy also found and seized approximately 2,960 kilograms of cocaine.

MONTOYA-LÓPEZ, 45, GARCÍA-MONTOYA, 31, and DÍAZ‑HERNANDEZ, 39, all of Sinaloa, Mexico, are charged with conspiring to import cocaine into the United States, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.

Ms. Strauss praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, the DEA’s Mérida Resident Office, and Mexico’s Secretaría de Marina.  The Strike Force is housed at the DEA’s New York Division and includes agents and officers of the DEA; the New York City Police Department; the New York State Police; Immigration and Customs Enforcement – Homeland Security Investigations; the U. S. Internal Revenue Service Criminal Investigation Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Customs and Border Protection; U.S. Secret Service; the U.S. Marshals Service; New York National Guard; the Clarkstown Police Department; U.S. Coast Guard; Port Washington Police Department; and New York State Department of Corrections and Community Supervision.

The charge contained in the Complaint is merely an allegation, and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint and statements and filings in court set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation as to the defendants charged in the Complaint.

Attorney General James and Comptroller DiNapoli Announce Sentencing of Former Mount Vernon Government Official in Corruption Scheme

 

Lawrence Porcari, Former City of Mount Vernon Corporation Counsel, Sentenced to 1-3 Years in Prison 

 Attorney General Letitia James and Comptroller Thomas P. DiNapoli today announced the sentencing of the former City of Mount Vernon Corporation Counsel Lawrence Porcari for abusing his position as a public official to engage in a scheme that defrauded the Mount Vernon Board of Water Supply of more than $300,000 to pay the personal legal expenses of the former Mount Vernon Mayor Richard Thomas and a public relations firm. 

Today in Westchester County Supreme Court, Porcari was sentenced to 1-3 years in prison. However, Judge David Zuckerman has temporarily stayed the execution of Porcari’s sentence. A status hearing is scheduled for November 18, 2020.  

“Any public official who lies, cheats, or defrauds New Yorkers must be held accountable to the fullest extent of the law,” said Attorney General James. “New York’s public servants have a responsibility to serve with transparency, integrity, and respect for the state and all of its people. I thank Comptroller Tom DiNapoli for his partnership and continued unwavering commitment to rooting out corruption in all its forms.” 

“Mr. Porcari betrayed the people of Mount Vernon and violated his oaths as a public servant and attorney. Now, he faces the consequences of his actions,” said Comptroller DiNapoli. “I thank Attorney General James for holding Mr. Porcari accountable and her continued partnership in fighting public corruption across the state.”    

On December 16, 2019, a Westchester County jury found Porcari guilty of: 

• Corrupting the Government in the First Degree (B felony); 
• Grand Larceny in the Second Degree as a Crime of Public Corruption (B felony);  
• Defrauding the Government (E felony); 
• Offering a False Instrument for Filing in the First Degree (E felony) – 3 Counts; and  
• Offering a False Instrument for Filing in the Second Degree (A misdemeanor) – 1 Count. 

According to the testimony and evidence presented at trial, Porcari misappropriated funds from the city of Mount Vernon’s Board of Water Supply to pay law firms for the personal defense of former Mount Vernon Mayor Richard Thomas in criminal proceedings, as well as a public relations firm hired at the time of Thomas’ arrest in March 2018.    

Approval for the rate of payment for one of the law firms and the public relations firm was sought from the city’s Board of Estimate and Contract on multiple dates in April and May of 2018, but was never obtained. Instead, Porcari arranged for payments from the funds from the Board of Water Supply, which consists of money paid by customers for their use of water and whose use is limited by state and local law to Board of Water Supply purposes. The scheme continued into the fall of 2018 with payments from the Board of Water Supply to a second firm later retained for Thomas’s defense. To further the scheme, Porcari submitted memorandums to the Board of Water Supply for “emergency” payments to the law firms, including memorandums containing false statements.   

Since 2011, the Attorney General and State Comptroller offices have worked together to fight corruption through their Joint Task Force on Public Integrity. They have brought charges against dozens of individuals implicated in public corruption schemes around the state — resulting in the return of more than $11 million in restitution to taxpayers through these convictions.  

The Attorney General thanks the Office of the State Comptroller’s Division of Investigations for their assistance in this investigation. 

Governor Cuomo Announces 33rd Straight Day with COVID-19 Infection Rate Below 1 Percent

 

0.91 Percent of Yesterday's COVID-19 Tests were Positive

DFS Extends Emergency Regulations to Waive Cost-Sharing for COVID-19 Testing and In-Network Telehealth Visits Until November 9, 2020

3 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Visits 969 Establishments; Observes 5 Establishments Not in Compliance

Confirms 576 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 441,154; New Cases in 38 Counties

  Governor Andrew M. Cuomo today announced the 33rd straight day that New York State's COVID-19 infection rate has been below 1 percent. Yesterday, 0.91 percent of tests reported to the state were positive. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"New York State's infection rate has been under 1 percent for 33 straight days, which is great news and a credit to New Yorkers and what they're doing," Governor Cuomo said. "And that is with more testing than any other state. If you want to see something interesting, look at how many tests different states are taking. If you don't do many tests, you won't find many cases and the number of cases will drop. But that is false comfort. When we say this is how many cases we have, that's accurate because we're testing more than anyone else."

The governor also announced the New York State Department of Financial Services has taken action to extend emergency regulations requiring New York health insurers to waive cost-sharing associated with emergency room visits, in-network telehealth visits, in-network outpatient provider office visits, in-network urgent care center visits, and in-network laboratory tests when the purpose of the visit or test is to diagnose COVID-19, and waiving cost-sharing for in-network telehealth services for any healthcare service covered under a policy, including mental health and substance use disorder treatment until November 9, 2020. The extension of these emergency regulations ensures that cost-sharing is not a barrier to COVID-19 testing and in-network telehealth services for New Yorkers. Governor Cuomo first announced the State's directive requiring New York insurers to waive cost-sharing for COVID-19 testing and telehealth services in March.

Yesterday, the State Liquor Authority and State Police Task Force visited 969 establishments in New York City and Long Island and observed 5 establishments that were not in compliance with state requirements. A county breakdown of yesterday's observed violations is below:

• Bronx - 1
• Nassau - 4

Today's data is summarized briefly below:

• Patient Hospitalization - 463 (+18)
• Patients Newly Admitted - 53
• Hospital Counties - 34
• Number ICU - 121 (+7)
• Number ICU with Intubation - 59 (+7)
• Total Discharges - 75,539 (+36)
• Deaths - 3
• Total Deaths - 25,370

Governor Cuomo Announces Indoor Dining in New York City Allowed to Resume Beginning September 30 with 25 Percent Occupancy Limit

 

Temperature Checks, Contact Information for Tracing, Face Coverings When Not Seated and Other Safety Protocols Required; Bar Service Will Not Be Permitted and No Service After Midnight

The City of New York to Provide a Team of 400 Enforcement Personnel to Ensure Compliance

Guidelines Will Be Reassessed Based On Data By November 1; If Infection Rate Does Not Increase, Restaurants May Be Permitted To Go Up To 50 Percent Capacity; State Will Monitor Any Positivity Increase on an Ongoing Basis for Potential Reassessment

Restaurants Must Publicly Post Their Indoor Dining Capacity and Phone Numbers to Report Violations; Patrons Who Observe Violations Can Report Issues by Calling 833-208-4160, or by Texting 'VIOLATION' to 855-904-5036

Governor Announces State to Launch 'New Yorkers Protecting New Yorkers' PSA with New York State Restaurant Association to Encourage Compliance

 Governor Andrew M. Cuomo today announced indoor dining in New York City will be allowed to resume beginning September 30th with a 25 percent occupancy limit. All restaurants that choose to reopen will be subject to strict safety protocols, including temperature checks, contact information for tracing, face coverings when not seated and other safety protocols. Bar service will not be permitted, and restaurants will close at midnight. Guidelines will be reassessed based on the data by November 1. If the infection rate does not increase, restaurants may be permitted to go to 50 percent capacity; the State will monitor any positivity increase on an ongoing basis and potentially reassess if necessary. Business guidance for indoor dining in New York City is available here.

The City of New York will provide a team of 400 enforcement personnel to work with the State Police Task Force to ensure compliance. Restaurants must publicly post their 25 percent indoor dining capacity and the phone number and text number to report violations. Patrons who observe violations can report issues by calling 833-208-4160, or by texting 'VIOLATION' to 855-904-5036.

"I want to thank New Yorkers for their hard work to increase compliance, and we can now take the next step in reopening our restaurants. We've been speaking with stakeholders, and we are now announcing that we can safely reopen indoor dining in New York City with limited capacity at the end of this month, as long as they adhere to strict health and safety protocols," Governor Cuomo said. "This is good news and the right step forward, especially for restaurant owners and staff who have been struggling through this time. But it is up to all of us to ensure compliance and the health and safety of those around us."

The Governor also announced the State to launch 'New Yorkers Protecting New Yorkers' PSA with New York State Restaurant Association to encourage compliance. 

Guidance for Indoor Dining in New York City

• 25 percent occupancy limit
• Temperature checks will be required at the door for all customers
• One member of each party will be required to provide contact information for tracing if needed
• No bar service - bars will only be used as service bars, a source of making drinks and serving them tableside
• Masks must be worn at all times when not seated at a table
• Tables must be six feet apart
• Restaurants close at midnight

• Strict adherence to all State-issued guidance
• Restaurants should operate with enhanced air filtration, ventilation and purification standards
• Limit air recirculation and allow for outside air ventilation
• Outdoor dining will continue in the interim

We've been speaking with stakeholders, and we are now announcing that we can safely reopen indoor dining in New York City with limited capacity at the end of this month, as long as they adhere to strict health and safety protocols.

Governor Andrew M. Cuomo