Saturday, July 3, 2021
183 Day and Counting
Friday, July 2, 2021
DOB ADVISES NEW YORKERS TO STAY SAFE DURING FOURTH OF JULY FIREWORKS DISPLAY
The Department of Buildings is reminding all property owners and tenants of safety regulations for the use of rooftops, terraces, balconies, and fire escapes in New York City. These regulations apply all year long, but are particularly relevant this holiday weekend, as New Yorkers look for vantage points to view the Macy’s Fourth of July fireworks display, which is scheduled for this Sunday evening. Unauthorized use of building roofs and fire escapes have tragically led to several fatal falls in New York City in recent years.
“This year’s fireworks celebration will have special resonance for New Yorkers as we continue to make our way out of the pandemic, and life returns to normal in our city. We want everyone to have a safe and happy Fourth of July – but to do that, New Yorkers need to make sure they select an appropriate place to view the fireworks,” said Buildings Commissioner Melanie E. La Rocca. “We encourage building owners to communicate to their tenants that areas like unsecured rooftops and fire escapes are not safe places to gather.”
Property owners and tenants should observe the following safety rules:
· Do not access building rooftops to watch the fireworks, unless the rooftop has an approved deck or other approved space for gatherings, equipped with code-compliant guardrails, multiple emergency exits, signage indicating the maximum legal occupancy, and other required safety features.
· Do not gather to watch the fireworks on fire escapes, which are not designed nor meant to be used as a balcony. For the safety of everyone in the building, fire escapes must be kept free of obstructions at all times.
· Do not overcrowd terraces, balconies, or legal rooftop spaces. Overcrowding these spaces can pose a serious hazard.
· Do not prop open emergency doors or disable door alarms leading to rooftop areas of a building that are not meant to be legally occupied. Unsecured rooftop spaces can pose a serious danger to building occupants, especially children.
· Do not lean out of a window, over an edge, a parapet wall or over a railing for a better view of the fireworks display.
· Avoid approaching any building edge that is not protected by a wall or railing.
Property owners are legally obligated to maintain their properties in a safe condition. New Yorkers are encouraged to call 311 to report unsafe building conditions to the Department, and call 911 to report emergencies.
Trader At Large Canadian Asset Management Firm Charged With Insider Trading For Engaging In Multimillion-Dollar Front Running Scheme
Sean Wygovsky Stole Confidential Trade Information from His Employer to Place Hundreds of Timely, Profitable Trades in Years-Long Scheme
Audrey Strauss, the 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 today that SEAN WYGOVSKY, a trader at a large Canadian asset management firm (the “Employer Firm”), was charged in a Complaint in Manhattan federal court with securities fraud and wire fraud in connection with his scheme to steal confidential information about the trade orders of the Employer Firm in order to conduct hundreds of timely, profitable personal securities trades in the same stocks as the Employer Firm. WYGOVSKY attempted to hide his conduct by trading or causing trading in brokerage accounts held in the names of his close relatives. WYGOVSKY was arrested this morning in Austin, Texas, and is expected to be presented in federal court this afternoon before a U.S. Magistrate Judge for the Western District of Texas.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Sean Wygovsky illegally exploited his access to his employer firm’s yet-to-be-executed trade orders to make numerous trades in anticipation of the bump or dip the firm’s buying or selling would cause. To conceal the scheme, Wygovsky allegedly made his front running trades through brokerage accounts of certain of his relatives. As alleged, Wygovsky made or directed over 700 timely transactions that netted him more than $3.6 million in illegal profits. Now Sean Wygovsky is in custody and facing serious criminal charges.”
FBI Assistant Director William F. Sweeney Jr. said: “Over the course of several years, as alleged, Wygovsky made hundreds of short-term trades based on inside information that ultimately reaped more than $3 million in profits. Schemes like the one alleged here grossly affect the integrity of our financial markets and remain a top priority for our financial fraud investigative teams.”
As alleged in the Complaint unsealed today in Manhattan federal court:[1]
SEAN WYGOVSKY has been employed at the Employer Firm since approximately 2013. The Employer Firm is an asset management firm based in Toronto, Canada, with at least approximately $19 billion in assets under management. WYGOVSKY has a number of close relatives who live in the United States, including a relative in North Carolina (“Relative-1”) and two relatives in Virginia (“Relative-2” and Relative-3”) who are married to each other.
The Front Running Scheme
Based on his position as a trader at the Employer Firm, WYGOVSKY had access to the trade information and trade orders of the Employer Firm. Like most large asset managers, the Employer Firm had rules and regulations concerning employees’ personal trading, including requirements about the confidentiality of client information and prohibitions against insider trading and personal trading in the same securities as the Employer Firm. The size of the Employer Firm’s trade orders often caused slight, temporary movements in the price of the securities traded. For example, if the Employer Firm engaged in a large purchase of stock, the increased demand could cause a slight rise in the stock price, and if the Employer Firm engaged in a large sale of stock, the increased supply could cause a slight drop in the stock price. Because WYGOVSKY had access to the Employer Firm’s trade orders, he knew in advance when a particular stock price would move slightly up or down based on that trading.
WYGOVSKY’s relatives maintained brokerage accounts for the personal purchase and sale of securities. In particular, Relative-1 maintained at least one brokerage account and Relative-2 and Relative-3 maintained at least four brokerage accounts (the “Subject Accounts”). From at least 2015 through April 2021, after obtaining information about the Employer Firm’s upcoming trading activity but before those trades were executed, WYGOVSKY caused the Subject Accounts to buy or sell the same securities the Employer Firm would be buying or selling, in order to profit through the subsequent movement of the stock that would often result from the Employer Firm’s trading. WYGOVSKY would then cause the Subject Accounts to exit those positions once the Employer Firm’s trading was underway, often within hours of when the Subject Accounts had first entered the positions. For example, if WYGOVSKY knew that the Employer Firm would be buying a particular stock, WYGOVSKY would cause one or more of the Subject Accounts to purchase that stock beforehand in relatively small amounts. Then, as the Employer Firm made relatively large purchases, the stock price would increase and WYGOVSKY would cause the Subject Accounts to sell their holdings at a profit.
At times, WYGOVSKY personally conducted the trading on behalf of both the Employer Firm and the Subject Accounts. For example, on occasion, IP log-ins from the Subject Accounts show the Subject Accounts were being accessed from locations where WYGOVSKY was travelling. On other occasions, WYGOVSKY would cause others to execute the timely, profitable trading in the Subject Accounts. Over an approximately five-year period, WYGOVSKY caused the Subject Accounts to engage in more than 700 such short-term timely, profitable trades, resulting in at least over $3.6 million of profits in the Subject Accounts.
Financial Transfers Back to Wygovsky
During the course of the front running scheme, Relative-2 and Relative-3 caused at least approximately hundreds of thousands of dollars to be sent back to WYGOVSKY from the Subject Accounts. For example, between 2015 and 2020, Relative-2 and Relative-3 moved millions of dollars from the Subject Accounts to bank accounts that they controlled, and wrote checks to WYGOVSKY and his immediate family members for hundreds of thousands of dollars. Furthermore, in or about late 2017 and early 2018, Relative-2 and Relative-3 transferred hundreds of thousands of dollars to a Slovenian bank for the benefit of certain relatives of WYGOVSKY’s wife.
WYGOVSKY, 40, of Ontario, Canada, is charged with one count of securities fraud, which carries a maximum sentence of 20 years in prison, and one count of wire fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the work of the FBI. Ms. Strauss further thanked the U.S. Securities and Exchange Commission, which today filed a parallel civil action, for their cooperation and assistance in this investigation.
The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic
Statewide 7-Day Average Positivity is 0.48%
46,738 Vaccine Doses Administered Over Last 24 Hours
4 COVID-19 Deaths Statewide Yesterday
Governor Andrew M. Cuomo today updated New Yorkers on the state's progress combatting COVID-19.
- Test Results Reported - 76,902
- Total Positive - 506
- Percent Positive - 0.66%
- 7-Day Average Percent Positive - 0.48%
- Patient Hospitalization - 349 (-11)
- Patients Newly Admitted - 52
- Patients in ICU - 83 (-3)
- Patients in ICU with Intubation - 42 (-3)
- Total Discharges - 184,966 (+70)
- Deaths - 4
- Total Deaths - 42,978
- Total vaccine doses administered - 21,244,371
- Total vaccine doses administered over past 24 hours - 46,738
- Total vaccine doses administered over past 7 days - 416,664
- Percent of New Yorkers ages 18 and older with at least one vaccine dose - 69.6%
- Percent of New Yorkers ages 18 and older with completed vaccine series - 64.1%
- Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 72.3%
- Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 65.5%
- Percent of all New Yorkers with at least one vaccine dose - 57.9%
- Percent of all New Yorkers with completed vaccine series - 53.0%
- Percent of all New Yorkers with at least one vaccine dose (CDC) - 60.1%
- Percent of all New Yorkers with completed vaccine series (CDC) - 54.2%
MAYOR DE BLASIO ANNOUNCES HONOREES FOR HOMETOWN HEROES PARADE
- Hospitals
- Healthcare
- Emergency food
- Community care
- First responders
- Transportation
- City workers
- Small businesses and bodegas
- Education and childcare
- Utilities
- Hospitality/buildings care
- Reinforcements
- Advocacy organizations
- Communication and delivery
- AMN Healthcare
- AT&T
- Con Edison
- Greater New York Hospital Association
- Montefiore Medical Center
- Mount Sinai Health System
- National Grid
- New York Presbyterian
- Northwell
- New York Life
- Pfizer
- Preferred Meals
- Walgreens Duane Reade
Three Arrested For Orchestrating Multimillion-Dollar “Silver Lease” Investment Fraud
AUDREY STRAUSS, the 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 today the unsealing of an Indictment charging ROBERT JEFFREY JOHNSON, a/k/a “Jeff Johnson,” ROSS BALDWIN, and KATHLEEN HOOK with conspiring to commit wire fraud and wire fraud for defrauding at least approximately 60 investors of at least approximately $8 million in connection with a precious metals leasing program known as the “Silver Lease Program.” JOHNSON and BALDWIN were further charged with conspiring to commit wire fraud and wire fraud for defrauding insurance companies by making misrepresentations to these insurance companies in connection with obtaining insurance for the purported silver. BALDWIN was also charged with making false statements to federal officials in connection with lying to officials of the Commodity Futures Trading Commission (“CFTC”) during a sworn deposition. JOHNSON and HOOK were arrested this morning in Palm Beach, Florida, and were presented today in the United States District Court for the Southern District of Florida. BALDWIN was arrested this morning in Albany, New York, and was presented today in the United States District Court for the Northern District of New York.
Manhattan U.S. Attorney Audrey Strauss said: “Robert Jeffrey Johnson, Ross Baldwin, and Kathleen Hook allegedly lied to investors in order to get them to invest millions of dollars in the ‘Silver Lease Program.’ As alleged, these investors were told that they were purchasing silver, that their silver was being securely stored for them at a high-tech storage facility in Florida, and that they would earn a guaranteed monthly dividend payment. In reality, the defendants’ promises were not worth their weight in silver – or anything else for that matter. Instead of using investors’ money to purchase silver on their behalf, the defendants allegedly misappropriated that money to pay for their own lavish personal expenses and to fund unrelated business ventures.”
As alleged in the Indictment[1] unsealed today in Manhattan federal court:
The “Silver Lease Program”
From in or about 2014 through in or about January 2021, JOHNSON, BALDWIN, and HOOK conspired to defraud investors in the “Silver Lease Program.” Investors could participate in the Silver Lease Program by either (1) paying funds to purchase silver that the investor then leased back to the operators of the program in return for a fixed monthly dividend payment or (2) providing silver the investor already owned in order to lease that silver to the operators of the program in return for a fixed monthly dividend payment.
While investors were told that they owned a particular quantity of silver that was being stored for them at a specific secure, locked storage facility in Florida (the “Florida Storage Facility”), in reality the purported silver was not being stored at the Florida Storage Facility. The entity that was supposed to be storing the investors’ silver, Precious Commodities Inc. (“PCI”), which was functionally controlled by JOHNSON, did not even have any storage units at the Florida Storage Facility. In order to induce investors to invest in the Silver Lease Program, BALDWIN, through his company National Coin Broker (“NCB”) told the investors various other lies, both orally and through websites and brochures that he prepared in order to solicit investors to participate in the program.
Investors in the Silver Lease Program provided millions of dollars in order to purchase silver through the Silver Lease Program. Unbeknownst to these investors, a substantial portion of their funds were misappropriated to pay for, among other things, personal expenses of JOHNSON, JOHNSON’s wife, and HOOK, as well as to fund other, unrelated business ventures that JOHNSON, JOHNSON’s wife, and other associates of JOHNSON were engaged in.
Misrepresentations to Insurers
In order to induce investors to invest in the Silver Lease Program and so that they would feel secure in their investment, the operators of the Silver Lease Program touted the fact that the investors’ silver would be fully insured. Investors were ultimately provided with a certificate of insurance showing that PCI held an insurance policy with respect to the investor’s silver. JOHNSON and BALDWIN caused material misrepresentations to be made to insurance brokers in connection with procuring these insurance policies. These misrepresentations included lying about BALDWIN’s role with respect to PCI and lying by claiming that the silver the insurers were insuring would be stored at the Florida Storage Facility.
Dividend Payments Cease and Investors Do Not Receive the Return of their Silver or Funds
Beginning in approximately the Spring of 2019, investors largely ceased receiving their monthly dividend payments. Many investors eventually demanded the return of their silver and/or the funds they had invested in the Silver Lease Program. Investors primarily contacted BALDWIN in their efforts to receive the return of their silver and/or their funds, and BALDWIN frequently forwarded these communications from disgruntled investors to JOHNSON.
Despite the repeated attempts by numerous Silver Lease Program investors to obtain the return of their silver and/or their money, these investors never received the return of either.
BALDWIN’s False Statements to the CFTC
In October 2018, BALDWIN participated in a sworn deposition with the CFTC that occurred in Manhattan, New York. During that deposition, BALDWIN made numerous material false statements, including by lying about the role he played in obtaining insurance for PCI and by lying about visiting a storage vault at the Florida Storage Facility with an associate of JOHNSON and observing silver, when in reality this associate of JOHNSON’s never had any storage units at the Florida Storage Facility and did not otherwise have access to any storage units at the Florida Storage Facility.
JOHNSON, 55, of West Palm Beach, Florida, is charged with two counts of conspiracy to commit wire fraud and two counts of wire fraud, which each carry, respectively, a maximum sentence of 20 years in prison. HOOK, 59, of West Palm Beach, Florida, is charged with one count of conspiracy to commit wire fraud and one count of wire fraud, which each carry, respectively, a maximum sentence of 20 years in prison. BALDWIN, 60, of Miami, Florida, is charged with two counts of conspiracy to commit wire fraud and two counts of wire fraud, which each carry, respectively, a maximum of 20 years in prison, and is also charged with one count of making false statements to federal officials, which carries a maximum sentence of 5 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Ms. Strauss praised the investigative work of the FBI. Ms. Strauss also thanked the CFTC, which has filed a civil enforcement action against the defendants.
DEC ANNOUNCES TWO NEW WILDLIFE MANAGEMENT AREAS IN WESTERN NEW YORK
Recent Acquisitions of More than 1,200 Acres Expand and Protect Wildlife Habitat and Provide New Recreational Access in Cattaraugus and Allegany Counties
“Preserving and protecting our natural resource gems is not only crucial to the future of our planet, it's a boost to tourism, jobs and our local economy,” said Lieutenant Governor Kathy Hochul. “The Genesee River and Poverty Hill Wildlife Management Areas will preserve natural wildlife areas and provide yet another recreational
“DEC is committed to enhancing fish and wildlife habitat and providing quality access for wildlife recreation across New York State and these two wildlife management areas are great additions to State Lands in Western New York,” DEC Commissioner Basil Seggos said. “We thank the landowners who partnered with DEC to protect these lands for the public’s benefit and welcome everyone to explore and appreciate the new Genesee River and Poverty Hill WMAs.”
Located along the Genesee River’s west bank in the town of Willing, Allegany County, the Genesee River WMA consists of 310 acres of mature forest, ridges, brushland, wetlands, and open fields. Genesee River WMA can be accessed on Route 29 at Yorks Corners bridge and along the west side of River Road in Allegany County.
Poverty Hill WMA is located in the towns of Mansfield and Ellicottville in Cattaraugus County. The broad, 950-acre landscape contains mature forest, wetlands, brushlands, and open fields. Poverty Hill WMA is accessible from the north side of Cattaraugus County Route 13 and Poverty Hill Road, south of Hinman Hollow Road.
The diverse natural habitat in the Genesee River and Poverty Hill WMAs will support a significant variety of wildlife species including wild turkey, ruffed grouse, woodcock, white-tailed deer, black bear, beaver, muskrat, raccoon, fisher, red and gray fox, wood ducks, and mallards. Both areas will also protect natural habitats that provide critical resting and feeding areas for migratory waterfowl and songbirds, and other wildlife including rare, threatened, or endangered species.
DEC purchased the properties for $2.12 million using federal funding from the Wildlife and Sportfish Restoration Program and the State’s Environmental Protection Fund. The state will actively manage the two WMAs to provide and protect quality wildlife habitat, foster wildlife reproduction and survival, and promote wildlife-dependent public recreation. In addition, non-wildlife dependent recreational activities such as hiking, cross-country skiing, kayaking, and canoeing will be permitted provided these activities do not impede or interfere with the primary wildlife management and public use goals of the area.
"We're excited to partner with DEC to expand New York State’s system of Wildlife Management Areas for the conservation of wildlife and their habitats and to provide the public access for wildlife-dependent recreation," said Colleen Sculley, Chief of the U.S. Fish and Wildlife Service, Wildlife and Sport Fish Restoration Program for the North Atlantic - Appalachian Region. "Through the Wildlife and Sport Fish Restoration Program, State wildlife agencies are able to purchase land and conserve fish and wildlife species and provide public access using funds collected under the Pittman-Robertson Act. Since 1937, manufacturers of firearms and ammunition have been paying an excise tax under this Act on the sales of their products, which has provided more than $12 billion to support wildlife conservation in the U.S."
DEC expects to complete construction of parking areas for both WMAs this year. Before visiting Genesee River or Poverty Hill WMAs, visit DEC’s website at https://www.dec.ny.gov/
WMAs are lands owned by New York State under the control and management of DEC's Division of Fish and Wildlife. These lands are acquired primarily for wildlife reproduction and survival, as well as to provide wildlife-based recreational opportunities. WMAs provide exceptional areas for the public to interact with a wide variety of wildlife species. There are 125 WMAs across the state, comprising approximately 245,000 acres.
Since the early 1900s, the WMA program established permanent public access to lands in New York State for the conservation and promotion of its fish and wildlife resources. Genesee River and Poverty Hill WMAs will be maintained with federal funding from the Wildlife and Sportfish Restoration program, set up by the Pittman-Robertson Federal Aid in Wildlife Restoration Act of 1937, which apportions revenues generated from the excise taxes on the sale of firearms, ammunition, and archery equipment to state wildlife agencies for conservation efforts and hunter education programs.
MAYOR DE BLASIO, MTA ANNOUNCE FIRST-EVER EXPANSION OF NYC311 SERVICE INTO SUBWAY SYSTEM