Bronx Teacher Charged With Animal Welfare Violations For Cockfighting Venture

Hector M. Cruz Charged with Raising, Training, and Selling Roosters for Cockfighting at a Backyard Farm in the Bronx

   Preet Bharara, the United States Attorney for the Southern District of New York, Bethanne M. Dinkins, Special Agent-in-Charge of the U.S. Department of Agriculture, Office of Inspector General (“USDA-OIG”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced that HECTOR M. CRUZ was arrested today for possessing, selling, and transporting roosters for purposes of participation in animal fights around the United States. The defendant is expected to be presented today in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Hector Cruz ran a cruel and illegal business of raising and selling roosters for the purpose of vicious cockfights where knives and other sharp instruments are attached to the fighting roosters’ legs. Thanks to the work of the U.S. Department of Agriculture, Office of the Inspector General and the NYPD, Cruz’s days of allegedly profiting from this inhumane business are over.”

Special Agent-in-Charge Dinkins said: “The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling. Together with the Department of Justice, animal fighting is an investigative priority for USDA-OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”

NYPD Commissioner James P. O’Neill stated: “Cockfighting often leads to the cruel killing of roosters. Hector Cruz’s arrest will stop the breeding and training of roosters for cockfighting at his facility in the Bronx.”

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

Cockfighting is an activity in which knives, gaffs, or other sharp instruments are attached to the legs of roosters for the purpose of fighting each other. The fights between roosters end when one rooster is dead or refuses to continue to fight. If not killed during the fight, the losing rooster is typically killed afterwards. Roosters involved in cockfighting will often be mutilated in preparation for fights, typically by cutting off the rooster’s comb and wattle and shaping the rooster’s spur. Individuals who breed roosters for cockfights often cross-breed particular types of roosters in order to produce hybrid breeds that will excel as fighters.

From December 2012 up to January 2017, HECTOR M. CRUZ, a New York City public school teacher, maintained a rooster farm at a location in the Bronx, where he bred, raised, and trained roosters for cockfighting. CRUZ sold and shipped his roosters to individuals across the country, knowing that the birds were intended for cockfights. CRUZ communicated with customers through social media and received payments of as much as $600 for fighting birds.

CRUZ, 59, of the Bronx, New York, is charged with selling, possessing, and transporting animals for purposes of participation in an animal fight, which carries a maximum penalty of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Bharara praised the outstanding investigative work of the USDA-OIG and the NYPD Animal Cruelty Investigation Squad and thanked them for their ongoing support and assistance with the case.

The prosecution of this case is being overseen by the Office’s General Crimes Unit. Assistant U.S. Attorneys Michael C. McGinnis and Alison G. Moe are in charge of the case.

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

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

A.G. Schneiderman Announces Lawsuit Against Spectrum-Time Warner Cable And Charter Communications For Allegedly Defrauding New Yorkers Over Internet Speeds And Performance

Complaint Alleges Nation’s Second-Largest Internet Service Provider Systematically And Knowingly Failed To Deliver The Reliable And Fast Internet Access It Promised To Subscribers Across The State 

Suit Seeks To Compensate Spectrum-Time Warner Cable Subscribers For Five Years Of Broken Promises And Damages And Restitution That Could Be Worth Upwards Of Hundreds Of Millions Of Dollars

   Attorney General Eric T. Schneiderman today announced a lawsuit against Charter Communications Inc. (“Charter”) and its subsidiary Spectrum Management Holdings, LLC, (f/k/a Time Warner Cable, Inc.,) (together, “Spectrum-TWC”) for allegedly conducting a deliberate scheme to defraud and mislead New Yorkers by promising internet service that they knew they could not deliver.

The complaint alleges that since January 2012 Spectrum-TWC’s marketing promised subscribers who signed up for its Internet service that they would get a "fast, reliable connection" to the Internet from anywhere in their home. But a 16-month investigation by the Attorney General’s office – which included reviewing internal corporate communications and hundreds of thousands of subscriber speed tests – found Spectrum-Time Warner subscribers were getting dramatically short-changed on both speed and reliability.

The suit alleges that subscribers’ wired internet speeds for the premium plan (100, 200, and 300 Mbps) were up to 70 percent slower than promised; WiFi speeds were even slower, with some subscribers getting speeds that were more than 80 percent slower than what they had paid for. As alleged in the complaint, Spectrum-TWC charged New Yorkers as much as $109.99 per month for premium plans could not achieve speeds promised in their slower plans. 

“The allegations in today’s lawsuit confirm what millions of New Yorkers have long suspected -- Spectrum-Time Warner Cable has been ripping you off,” said Attorney General Schneiderman. “Today’s action seeks to bring much-needed relief to the millions of New Yorkers we allege have been getting cheated by Spectrum-Time Warner Cable for far too long. Even now, Spectrum-Time Warner Cable continues to offer Internet speeds that we found they cannot reliably deliver.”

The AG’s investigation also found that Spectrum-TWC executives knew that the company’s hardware and network were incapable of achieving the speeds promised to subscribers, but nevertheless continued to make false representations about speed and reliability. The investigation further revealed that while Spectrum-TWC earned billions of dollars in profits from selling its high-margin Internet service to millions of New York subscribers, it repeatedly declined to make capital investments necessary to improve its network or provide subscribers with the necessary hardware.

As the complaint alleges, Spectrum-TWC continues to underserve their subscribers by failing to make the capital investments necessary to live up to their promised speeds. These investments would include substantially upgrading Spectrum-TWC’s network capability and replacing large numbers of deficient modems and wireless routers that subscribers currently pay Spectrum-TWC up to $10 per month to rent.

Spectrum-Time Warner Cable currently has approximately 2.5 million subscribers across New York State.

The complaint specifically alleges a series of false and misleading practices by the company over the course of several years, including:

Spectrum-TWC Misled Subscribers By Falsely Promising Speeds It Knew It Would Not Deliver

The complaint alleges that since at least 2012, Spectrum-TWC represented to its New York subscribers that they could get fast and reliable Internet access.  However, the company knew that these promises were impossible to keep for several reasons.  First, Spectrum-TWC leased deficient modem equipment to subscribers that could not deliver the promised speeds. Second, in addition to the equipment failures, Spectrum-TWC’s network was overloaded and could not consistently deliver the speeds it promised to subscribers. That was because Spectrum-TWC did not design the network to reliably deliver the promised speeds.  Moreover, the complaint alleges that Spectrum-TWC decided to cut costs by not fixing the equipment and network failures.  To mask its misconduct, the complaint alleges that Spectrum-TWC rigged test results.

For example:

• During the Relevant Period, Spectrum-TWC leased deficient cable modems to over 900,000 subscribers in New York that could not deliver the advertised speeds. As of February 2016, Spectrum-TWC still charged over 185,000 New Yorkers, or roughly 7% of its 2.5 million active subscriber base at the time, $10 a month for deficient modems that, in its own words, were “not capable of supporting the service levels paid for.” 
• The results of numerous tests from multiple Internet speed measurements confirm that Spectrum-TWC delivered to subscribers on Spectrum-TWC’s fastest speed plans only a third to a half of the download speeds—sometimes even less—than they had paid for. 

Spectrum-TWC Misled Subscribers By Promising Wireless Connectivity That It Knew It Would Not Deliver

The complaint alleges that since at least 2012, Spectrum-TWC promised its subscribers go-anywhere wireless connectivity in their homes. However, the company knew that the wireless routers provided to subscribers could not deliver the promised speeds or service. 

For example:

• As of February 2016, Spectrum-TWC supplied over 250,000 subscribers on 200 Mbps and 300 Mbps plans deficient WiFi routers that Spectrum-TWC knew could not deliver speeds above 100 Mbps.
• Separately, Spectrum-TWC ignored its own engineers and promised subscribers a home WiFi experience that was beyond the technical limits of its equipment and WiFi technology.

Spectrum-TWC Misled Subscribers By Promising Fast, Reliable Access to Online Content That It Knew It Would Not Deliver

The complaint alleges that since at least 2012, Spectrum-TWC represented to their subscribers that they would get fast, reliable access to content online like Netflix and gaming. However, Spectrum-TWC knew that it could not deliver on this promise because of the state of interconnection points in the transmission of online content. Specifically, the company was aware of, and sometimes deliberately created, bottlenecks at interconnection points, which resulted in slowdowns and disruptions to subscribers’ service. 

For example:

• Spectrum-TWC knew that bottlenecks in its network would result in many subscribers routinely experiencing the very hallmarks of a poor Internet connection—slowdowns, lag time, buffering and interruptions, yet its marketing specifically promised that they would avoid when streaming videos, playing online games and accessing other online content. 

But these executives traded on the fact that most subscribers had a limited choice of Internet service providers and that the technical complexity of deducing the problems would make it difficult for subscribers to pin the blame on the company.

The New York-based cable operator, originally known as Time Warner Cable, is currently rebranding itself as “Spectrum” throughout the state. Spectrum-TWC provides Internet service to approximately 2.5 million households/subscribers in New York State, and the complaint covers the subscription plans of almost 5 million subscribers over the relevant period. 

In its filing, the New York Attorney General’s Office is seeking restitution for New York consumers as well as appropriate injunctive and equitable relief to end Spectrum-TWC’s longstanding deceptive practices.

This investigation was handled by Bureau of Internet and Technology Bureau Chief Kathleen McGee, Consumer Fraud Bureau Chief Jane Azia, Executive Agency Counsels Simon Brandler and David Nachman, Assistant Attorneys General Aaron Chase and Mihir Kshirsagar of the Bureau of Internet and Technology, and Assistant Attorney General Kate Matuschak and counsel Alex Goldman of the Consumer Frauds Bureau, with assistance from Director of Research & Analytics Lacey Keller and Analyst Lucas Chizzali. The Bureaus of Internet and Technology and Consumer Frauds are overseen by Executive Deputy Attorney General for Economic Justice Manisha M. Sheth.

Columbia law professor Tim Wu served as a consultant to the Office of the Attorney General in connection with this matter.  

Friends of VCP's February 2017 Enewsletter

Friends of Van Cortlandt Park's February 2017 Enewsletter

Dear Friend: The Friends have been taking advantage of this mild winter by getting ready for a busy spring season.  This winter, we have scheduled our Spring Events for the general public, designed trail projects, conducted biweekly water quality monitoring, continued to advocate for Daylighting Tibbetts Brook (learn more at this month's Speak Up below), started booking our spring school groups and begun planning special events for our 25th Anniversary. Throughout 2017, the Friends of Van Cortlandt Park will be celebrating our 25th Anniversary of Bringing Youth, Community & Nature Together in Van Cortlandt Park with special events.  One way to help support our 2017 efforts is by becoming a Bronx Pass Member.   Don't forget to visit our Events Page for our Spring 2017 Eventsand stop by at our table at the 23rd Annual Bronx Parks Speak Up on Saturday February 25th (details below). Hope to see you in the Park!   Christina and all of your Friends at the Friends of VCP

Bronx Chamber of Commerce BUSINESS AWARDS 2017 GALA CELEBRATION March 9, 2017

Business Networking Event & Celebration Attend the Bronx version of the Academy Awards at the BRONX BUSINESS AWARDS 2017 Gala Celebration scheduled for Thursday, March 9, 2017 5:30 - 10:30 pm at the elegant Marina del Rey Caterers, 1 Marina Drive, Bronx, NY 10465.    I am very pleased to announce that the Events Committee of the Bronx Chamber of Commerce has unanimously selected the honorees for the BRONX BUSINESS AWARDS 2017 Gala Celebration. The distinguished honorees are:   John Catsimatidis, Red Apple Group DEVELOPER OF THE YEAR AWARD   Ensign Engineering MWBE COMPANY OF THE YEAR AWARD   The Woodlawn Cemetery NON-PROFIT OF THE YEAR AWARD Montefiore Health System HEALTH PROVIDER OF THE YEAR   Metro Optics MADE IN THE BRONX AWARD OF THE YEAR Special Recognition to Confirmed Sponsors: The Woodlawn Cemetery - Cocktail Hour Sponsor $10,000 Metro Optics - Awards Sponsor $5,000 Ensign Engineering - BRONX Gala Table Sponsor $3,500 Ridgewood Savings Bank - BRONX Gala Table Sponsor $3,500   BRONX BUSINESS AWARDS 2017 GALA SPONSORSHIP AND JOURNAL AVAILABLE   Excitement for this fabulous event continues to grow each day. There are limited number of exclusive Sponsorship Opportunities available. Members and businesses can take advantage of advertising in the BRONX BUSINESS AWARDS Journal to promote their services and or salute the distinguished 2017 honorees. To make reservations, advertise and or sponsor, click on the following link: 2017 Gala RSVP form   For more information contact Phil Cardone at (718) 828-3900 or email: Events@BronxChamber.org.   The Bronx Chamber of Commerce is one of the most influential, professional and successful organizations and voice for businesses in Bronx County. Professionals and companies are drawn to the successful companies and active members affiliated with The Bronx Chamber of Commerce. Membership includes businesses ranging from large corporations, Cultural Institutions, Universities and Colleges, Hospitals and Medical Centers, non-profits, and mid-sized to small companies.     Nunzio Del Greco President and CEO Bronx Chamber of Commerce "The Network For Business Success" 1200 Waters Place, Suite 106 Bronx, NY 10461 718-828-3900 Nunzio@bronxchamber.org   "You never know where your next big deal is going to come from"!

Assemblyman Jeffrey Dinowitz Calls Upon New York Senators Charles Schumer and Senator Kirsten Gilibrand to Oppose the Nomination of Judge Neil Gorsuch for the U.S. Supreme Court.

Yesterday, President Donald J. Trump nominated Judge Neil Gorsuch to fill the long vacant seat on the U.S. Supreme Court left by the late Justice Antonin Scalia. Assemblyman Jeffrey Dinowitz calls upon New York Senator and Democratic Minority Leader Charles Schumer and Senator Kirsten Gilibrand to oppose the nomination of ultra-conservative Judge Neil Gorsuch for the U.S. Supreme Court.

Justice Scalia, who passed away in early 2016, left a vacant seat on the U.S. Supreme Court eleven months before the end of Barack Obama’s Presidency. President Obama nominated the moderate Merrick Garland to be his replacement, however Garland was not even granted a confirmation hearing.

U.S constitution empowers Presidents to nominate Supreme Court Justices whether or not partisan opponents want the President to fulfill his constitutional duty.

That fact did not stop Senate Republicans, outspoken proponents of “Strict Constructionism,” from refusing to even give Garland a confirmation hearing. Apparently interpreting the U.S. Constitution in it strictest sense is only a priority when a strict interpretation aligns with Republican’s obstructionist right-wing political agenda and court stacking efforts.

“During Barack Obama’s presidency, the Senate Republicans, in an unprecedented and outrageous political act, ensured that the Supreme Court seat would be empty for well over a year and refused to even give a hearing to Merrick Garland, the moderate judge nominated by President Obama,” said Assemblyman Dinowitz. “They did something which has never happened in American History: they stole a Supreme Court seat in the hopes of securing a conservative majority on the Supreme Court in a gross act of politicization. “Trump could have been a bridge builder and unifier by re-nominating Judge Garland. But instead he chose to go with a hard-right judge to satisfy the extremists who dominate his party. Shame on him”.

The Democrats in Congress now have an opportunity to show that they have the guts to stand up to the Republican President who lost the popular vote and the Republican controlled Senate who stole the Supreme Court seat.

Assemblyman Dinowitz maintains his confidence that Senators Schumer and Gilibrand will fight tooth and nail to oppose any extremist nominated to the U.S. Supreme Court.

640 West 238th Street - Developer Up to His Old Tricks

   No it is not a junk yard, but a New York City Street. It seems that the developer of 640 West 238th Street thinks that a city street is a perfect place to leave building materials, equipment, and garbage, especially on a snowy day.  The permit given to the developer has specific guidelines which appear to be ignored. The developer also told Community Board 8 that all materials and equipment would be on the footprint of the property being developed. The building can be seen on the right behind the orange and black protective fencing which abuts the sidewalk. Other photos will show more violations that were seen on January 31st 2017. The building is months behind schedule, and I was told by one worker known as the site supervisor that the money for the building is running out. it also appears that there are no more than 3 or 4 workers on site working on the building at 650 West 238th Street, which included national holidays like Thanksgiving, New Years Day this year, and Martin Luther King Day. 

Above - There is suppose to be a  flagman at each side of the street which is closed, but there is none at the Independence Avenue and West 238th Street corner that is closed. 

Below - You can see that this trailer has been left with materials still on it, blocking half of the one open sidewalk, and that snow has managed to gather on the trailer as well as the sidewalk. 

Above - Materials are placed across the street as they are either unloaded or even loaded on to the trailer. Notice the amount of snow on the top of the pile.

Below - In case of an emergency this unhooked trailer can not be moved quickly especially as it creates a fire hazard near the hydrant on the street.

  Here you can see how close the unhooked trailer is to the fire hydrant, and you can also see how much snow has accumulated on the support straps which hold materials on the trailer as they lay in the street. 

  The developer knew how hard it would be to build this eight story building where a one family house once stood, even placing the fire hydrant on the wrong side of the street (by accident?) in the street closure plan. 

Does This Light Pole Need to Be Replaced?

  One local businessman is worried that this pole on the corner of Greystone Avenue and West 238th Street is leaning to one side and that the wood pole may snap under the weight of the heavy wires it has to support. When snow occurs the burden on this pole is greater by the added weight of the snowfall. Also there are nicks at the bottom of the pole where delivery trucks have hit this pole while parking. He is worried that should this pole break that it would create a huge blackout which could cripple the immediate businesses and residents for days until repairs are made.

Rep. Engel Statement on The President’s Nomination of Neil Gorsuch For The Supreme Court Rep. Engel Statement on The President’s Nomination of Neil Gorsuch For The Supreme Court

   Congressman Eliot L. Engel issued the following statement on the President’s nomination of Neil Gorsuch for Supreme Court Justice:

“Tonight, the President shocked no one by picking Neil Gorsuch, a Supreme Court nominee with a regressive record who could only appeal to the furthest reaches of the extreme right-wing.

“Conservative ideologues will laud this pick, as it represents everything they have come to stand for— an anti-women, anti-civil rights, pro-gun agenda that can only serve to turn back the clock on American progress. The addition of Gorsuch to our highest court could spell doom for a woman’s right to choose, worker’s rights, gun safety, environmental protections, voting rights, and a whole host of other safeguards that protect working Americans.

“The pick is even more troubling when you remember what happened to Merrick Garland, a highly qualified jurist who drew universal praise from across the political spectrum. Senate Republicans stonewalled his nomination for a year – not for any legitimate reason, but just to deny President Obama his right to appoint a Supreme Court Justice. Their conduct was disgusting, and the abdication of their Constitutional duty set a precedent that I believe should not soon be forgotten. Senate Democrats would be wise to remember the example their Republican colleagues set when it comes to the Supreme Court nominating process.”