Bronx Queer Pride Cultural Fest - June 8 - 24

BAAD! - The Bronx Academy of Arts and Dance presents
The 17th Annual OUT LIKE THAT! FESTIVAL PROUDLY CELEBRATING GAY PRIDE IN THE BRONX
 WITH A ZESTY FESTIVAL OF DANCE, FILM, THEATER & PERFORMANCE
 With Susana Cook, Charles Rice-González, Richard Rivera/Physual, the famed Bohemia Night’s first Bronx presentation and a Queer Desi Event!

Plus next installment of Courageous Conversations with Kiara St. James and Jamal T. Lewis 

FESTIVAL RUNS JUNE 8-24, 2017

  For the past 17 years, The Bronx Academy of Arts and Dance (BAAD!) has marked LGBTQ pride month by presenting the Bronx’s only consistent gay pride celebration - The OUT LIKE THAT! Festival.  The events takes place at BAAD!’s home at 2474 Westchester Avenue from Thursday, June 8 through Saturday, June 24, 2017 with a fierce line-up of dance, theatre, film and wonderful performances featuring queer artists from the Bronx and beyond.  For information and directions call (718) 918-2110 or visit www.BAADBronx.org.

The OUT LIKE THAT 2017 festival performance schedule is as follows:

Thursday, June 8 at 8pm/$10 

Bohemian Night: Off Off Broadway 

Yoseli Castillo brings La Noche Bohemia / Bohemian Night to the Bronx! This bilingual LGBTQ open mic has been around since 2005 in Washington Heights. The medium this time is theater and the featured artists are actors Andres "Chulisi" Rodriguez, Mariposa Fernandez and Marcus Potts. The open mic is open to other artistic disciplines. As usual, Cany de La Vega DJs. 

Friday, June 9 at 8pm / $20, $15 

OUT DANCE! 

Through the beauty, daring and grace of dance, this shared bill of choreographers express their strength and pride with contemporary dance, House moves and even Indian dance by Anooj Bhandari, ColemanCollective, Filip A. Condeescu, Linda LaBeija, James LaTeek, Jordan Martin, Nikolai McKenzie and Kiran Rajagopalan.

Friday & Saturday, June 16 & 17 at 8pm / $20, $15 

RICHARD RIVERA/PHYSUAL presents BACH 2 THE RED ZONE 

Bach 2 the Red Zone revisits moments of personal growth, acceptance and self-realization. Invoking a space that liberated the body and provided pulses that stirred the spirit to dance, the journey of Bach 2 the Red Zone finds inspiration in the classical moves of an elaborate club culture, circa late 80’s early 90’s. With Alethea Pace, Alexx Shilling, Jule Jo Ramirez, Aya Saotome, Ari Garcia, Ricardo McKenzie, Wesley McIntyre and Jaime Dyre.

Sunday, June 18 at 2pm Open Gallery | 4pm Performance / $10 

#Queer #SouthAsian #Diaspora 

#NOTENSION2017 

#NoTension2017 is a celebratory showcase of queer South Asian diaspora creatives: artists whose background is from and whose work is situated in Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka, Tibet and the large diaspora. The first iteration of #NoTension will host the #BRWNISGLD participatory art space, original art vendors, community organizations, local diaspora chefs, and a multimedia performance showcase hosted by Desi drag queen LaWhore Vagistan. #NoTension is a collaboration between Daya Arts and BAAD! Bronx Academy of Art and Dance. Co-curated by Kiran Rajagopalan and Anuva Kalawar.

Monday, June 19 at 7pm / Free 

Courageous Conversations: Strategies for Living and Loving in America 

with Kiara St. James and Jamal T. Lewis 

Kiara St. James, the dynamic director of New York Trans Advocacy Group, and Jamal T. Lewis, the fearless cultural worker, artist and director of the upcoming documentary, No Fats, No Fems, lead this installment of Courageous Conversations. BAAD!’s new series of free topical talks and resilience workshops is led by leading thinkers and doers from the arts, media and politics is followed by a facilitated/open community forum for queer people on how to navigate and thrive in the current political climate.

Thursday and Friday, June 22 & 23 at 8pm/$15, $10 

I JUST LOVE ANDY GIBB 

Written and Directed by Charles Rice-González 

In “I Just Love Andy Gibb” two characters have a conversation across time – the late 1970s and today. Roy is a dark-skinned teenager in 1978 who is obsessed with teen pop idol Andy Gibb and Carlos is a 40+ Papi living in current times who feels “woke” to the oppression he has navigated as a Black, Latino gay man in the Bronx. Through a hiccup in time brought on by a shared fascination with youth, men and pop culture, they traverse through a maze of race and desire. Cast: Johnathan Cedano, Carlos Rosario, William Jimenez and Maria Lagranje.

Saturday, June 24 at 8pm/$15, $10 

SUSANA COOK 

NON-CONSENSUAL RELATIONSHIPS WITH GHOSTS 

Originally presented at La MaMa, Susana Cook’s new work reveals that the ghosts of totalitarian past and present haunt our stories. The narrative that got us here no longer serves us. Thus, immigrants and refugees respond with urgency to resist and survive, creating a theatrical language of dissent and pleasure. Susana Cook redefines presence, the energy of the people who inhabit our life, and the ghosts of our past following us everywhere. Political satire and Resistance Theater at its best. Written and directed by Susana Cook, featuring: Mattie McMaster, Michael Burke, Drae Campbell, Hector Canonge, Dorrell Clark, Mistah Coles, Susana Cook, Moira Cutler, Michael Freeman, Kathie Horejsi, Marie Christine Katz, Annie Lanzillotto, Hjørdis Linn-Blanford, Margherita Peluso,Jennifer Rodriguez, and Simba Yangala.

Crowned “a funky and welcoming performance space” by The New York Times, BAAD! is a performance and workshop space that presents cutting-edge works in dance and all creative disciplines empowering to women, Latinos and people of color and the LGBTQ (lesbian, gay, bisexual, transgender and queer) community. BAAD! is home to Arthur Avilés Typical Theatre (AATT) and the Bronx Dance Coalition which produces The Bronx Dance Magazine and was founded by Arthur Avilés and Charles Rice-González in 1998 in Hunts Point. BAAD! moved to Westchester Square in October 2013 to a gothic revivalist building on the grounds of St. Peter’s Church.

BAAD!/AATT receive support from The NYC Department of Cultural Affairs, The SHS Foundation, The Mertz Gilmore Foundation, The New York Community Trust, The Liberty Fund of the New York Community Trust, The Howard Gilman Foundation, The Lambent Fund of the Tides Foundation, The New York State Council on the Arts, Councilmember Jimmy Vacca, The Jerome Foundation and private donations.

Attorney General Eric Schneiderman Created the Problem, and then Left his Friends Hanging Out to Dry

What You Should Know 
By Senator Rev. Rubén Díaz 32nd Senatorial District 

  You should know that when I was growing up in La Cuchilla Hato Tejas in Bayamon, Puerto Rico, my father, Mr. Isaac Diaz Amezquita, from a place called El Volcan always used to say: “My friends are my friends with their virtues and their faults.”

Plain and simple, what my Old Man wanted to say was that no matter what situations or problems his friends faced, he would never abandon them, no matter the cost because they were his friends. For my Old Man, friendship was a sacred thing, not an opportunity.

It is important for you to know that it seems that this is not one of the ethical principles or virtues that some of our elected officials show to their friends in their time of need.

Some of these elected officials, as Jesus' disciples did, will abandon their friends, their beliefs, and their convictions when under pressure.

On previous occasions in my column, I have explained how Mr. Eric Schneiderman, back in February 2014, used the power, influences and resources of the Office of the Attorney General to remove all the Members of the National Puerto Rican Day Parade's Board of Directors.

According to rumors, Mr. Schneiderman placed the National Puerto Rican Day Parade (NPRDP) in the hands of his friends from the MirRam Group and New York City Council Speaker Melissa Mark-Viverito, so they could pick a new Board of Directors and Ms. Lorraine Cortés-Vázquez as the new President.

Now that Mr. Eric Scheiderman's friends have caused a chaotic situation not only for the 2017 National Puerto Rican Day Parade, but also within our community here and in Puerto Rico, Mr. Schneiderman has run for cover.

Back in 2014, when the Attorney General made that decision, I was, if not the only one, one of the few people who publicly criticized and opposed Mr. Schneiderman's actions. Time has proven me right.

Now, I am one of those opposing the actions of the current National Puerto Rican Day Parade Board of Directors, and believe that for the good of the Parade, they should be removed and new Members who really respond to our community's interests should be appointed.

On the other hand, I also believe that Mr. Schneiderman should stand beside his friends. After all, he was the one who appointed them. His responsibility is to own his actions, publicly admit that he made a mistake, and fix it.

The National Puerto Rican Day Parade is the pride of us Puerto Ricans, but this year’s Parade has been abandoned, one by one, by businesses, community groups, social agencies, political leaders and many, many sponsors.

Starting with Goya Foods, Jet Blue, the New York Yankees, Corona Beer, Univision, Telemundo, the Daily News, NBC, the New York Post, the New York Police Benevolent Association, the New York Fire Department, New York City Police Commissioner James O’Neill, New York State Comptroller Tom DiNapoli, New York State Governor Andrew Cuomo, and many others have abandoned the National Puerto Rican Day Parade, and its Board of Directors who were placed there by Eric Schneiderman.

But surprise, surprise, as the old saying goes: Life is full of surprises.

Ladies and gentlemen, my beloved readers, you should know that New York State Attorney General Eric Schneiderman has also joined those who have abandoned the Parade and its Board of Directors.

It seems that Mr. Schneiderman has run for cover leaving his friends hanging out to dry.

Don’t forget that it was Eric Schneiderman who put in place the Members of the Board of Directors. It was Eric Schneiderman who said that he was replacing the Board of Directors for the good of the Parade and the good of the community.

In his official press release from February 13, 2014, Mr. Scheiderman stated: "With the reforms we are announcing, the new board can now take responsibility for putting the NPRDP on firm footing, so that the parade can be a success both this year and well into the future."

Hahahaha!

By abandoning his friends, Mr. Eric Schneiderman has sent a message that he is also against the title of “National Freedom Hero” given to Mr. Oscar López Rivera by the Board of the National Puerto Rican Day Parade.

Maybe Mr. Schneiderman and other elected officials in New York State should also learn from my Old Man and stick with their friends no matter what, or learn from Mayor Bill de Blasio who is sticking his neck out for his friend, Melissa Mark-Viverito.

I am Senator Rev. Rubén Díaz, and this is what you should know.

Rudy Macina Peace Plaza Memorial Day Observance

  As it is every year on Memorial day a remembrance of those who gave their lives in the many wars fought overseas were honored today on Memorial Day. Mr. Silvio Mazzella is now the driving force behind this ceremony along with the remaining veterans from the Morris Park area of the Bronx. 

  As you will see in the photos below there are Headstones to remember the fallen hero's of World War One, World War Two, The Korean War, The Vietnam War, and the Persian Gulf War. A reef was laid upon the tombstones, and several shots were fired in honor of those who did not come back from the wars, those who came back with wounds, and the families of all the soldiers. 

  Mr. Silvio Mazzella read the names of those who have been a part of this ceremony, but have now joined their fellow soldiers who are no longer with us. Ms. Gillian Cannati sang The national Anthem in the beginning, and God Bless America at the end of the ceremony beautifully. State Senator Jeff Klein, Assemblyman Mark Gjonaj, Assemblyman Michael Benedetto, and a few others spoke during the ceremony. A wreath was laid on the Tombstones, and then there were three shots by Joseph Ronda of the Star of the Sea, Sea Cadets. 

  Mr. Mazzella thanked everyone who came, and it seemed that on this dark, gloomy, and rainy day there were over 100 people who came to remember the fallen soldiers this Memorial Day at the Rudy Macina Peace Plaza.

Above - Mr. Silvio Mazzella thanks the over 100 people who came to the Rudy Macina Peace Plaza to remember those who have lost their lives while fighting so this ceremony could take place.

Below - Ms. Gillian Cannati sings the National Anthem.

Above - Mr. Mazzella talks a little about Memorial Day and then introduces the elected officials in attendance to say a few words.

Below - State Senator Jeff Klein tells what makes this day special to him.

Above - Assemblyman Michael Benedetto, 

Below - Assemblyman Mark Gjonaj speak of the importance of Memorial Day.

Above - The Memorial Headstones for those who fought in World War One, World War Two, and The Persian Gulf War. The first footstone next to them is in honor of Rudy Macina.

Below - The Memorial Headstones for those who fought in the Korean War, and the Vietnam War.

Above - A reef is being placed on the flagpole above the five headstones.

Below - The ceremonial Twenty-One Gun Salute by Mr. Ronda is given. 

Acting U.S. Attorney Reaches Agreement With Architecture Firm Over Failure To Ensure Accessibility In Manhattan Apartment Complex

  Joon H. Kim, Acting United States Attorney for the Southern District of New York, announced that the United States has settled a federal civil rights lawsuit against SLCE ARCHITECTS, LLP (“SLCE”), by consent decree.  The suit alleges that SLCE violated the federal Fair Housing Act (“FHA”) by failing to design the Verdesian Apartments (“The Verdesian”), a Manhattan residential apartment complex, with the features required by the FHA to ensure accessibility for persons with disabilities.  

Under the settlement, SLCE agrees to establish procedures, including the appointment of a Coordinator for Accessibility Education, to ensure that its ongoing and future development projects will comply with the accessibility requirements of the federal Fair Housing Act (“FHA”).  Further, as part of the consent decree, SLCE has agreed to provide up to $15,000 to compensate aggrieved persons and to pay a civil penalty of $30,000.  The consent decree was entered on May 24, 2017, by U.S. District Judge Jed S. Rakoff.

The developer of The Verdesian, Albanese Organization, Inc., and three of its affiliates, North End Associates, LLC, River Terrace Associates, LLC, and Chelsea Associates, LLC (together, the “Developer Defendants”), were also named as defendants in the suit, and Judge Rakoff approved a consent decree between the Government and the Developer Defendants on February 12, 2017, under which the Developer Defendants, among other remedial measures, agreed to make retrofits to The Verdesian.      

Acting U.S. Attorney Joon H. Kim said:  “Through this lawsuit, the Office continues its efforts to require not only developers, but also architects, to comply with the law by creating rental properties that are accessible to New Yorkers with disabilities. This settlement ensures that future projects designed by SLCE will comply with the FHA and can be fully enjoyed by individuals with disabilities.”

The FHA’s accessible design and construction provisions require new multifamily housing complexes constructed after January 1993 to have basic features accessible to persons with disabilities.  According to the allegations in the Complaint, The Verdesian, a rental complex located at 211 North End with 253 rental units, was designed and constructed with numerous inaccessible features, including excessively high thresholds interfering with accessible routes in the public and common areas as well as into and within individual units, and insufficient widths, clearance, and clear floor space in bedrooms, bathrooms, closets, and kitchens for maneuvering by people who use wheelchairs.    

To ensure future FHA compliance, the settlement requires SLCE to certify its plans, drawings, and blueprints as adhering to the requirements of the FHA and to institute policies and training to ensure that its employees and agents will comply with the FHA’s accessibility requirements.

Finally, the settlement requires SLCE to pay a civil penalty of $30,000 and to provide up to $15,000 to compensate aggrieved persons.   

Aggrieved individuals may be entitled to monetary compensation from the fund created through the settlement.  Aggrieved individuals may include those who:

• Were discouraged from living at The Verdesian because of the lack of accessible features;
• Have been hurt in any way by the lack of accessible features at The Verdesian;
• Paid to have an apartment at The Verdesian made more accessible to persons with disabilities; or
• Otherwise were discriminated against on the basis of disability at The Verdesian as a result of the inaccessible design and construction of the properties.

People who may be entitled to compensation should file a claim by contacting the Civil Rights Complaint Line at (212) 637-0840, using the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or by sending a written claim to:

                        U.S. Attorney’s Office, Southern District 

                        of New York

                        86 Chambers Street, 3rd Floor

                        New York, New York  10007

                        Attention:  Chief, Civil Rights Unit

Chairman Of Purported Hedge Fund Pleads Guilty In Manhattan Federal Court To Conspiring To Commit Securities And Wire Fraud

  Joon H Kim, the Acting United States Attorney for the Southern District of New York, announced that NICHOLAS MITSAKOS pled guilty in Manhattan federal court today to conspiring to commit securities and wire fraud.  MITSAKOS’s plea stems from his participation in a scheme to defraud investors through his operation of a purported hedge fund called Matrix Capital.  MITSAKOS solicited investments in his fund by overstating its past performance and its assets under management, when, in fact, Matrix Capital had never actually purchased or held any securities during the vast majority of its existence.  Moreover, once he actually received investments based on these false statements, MITSAKOS misappropriated significant amounts of the money to pay his own personal expenses. 

MITSAKOS was arrested on August 11, 2016, and pled guilty today before the Honorable Denny Chin, who was sitting by designation as a United States District Judge. 

Acting U.S. Attorney Joon H. Kim said:  “As he admitted in pleading guilty today, Nicholas Mitsakos purported to operate a successful hedge fund, but in reality, it was a sham from the outset. He touted his track record when in fact he had no trading history whatsoever. In the course of his fraud, he took hundreds of thousands of dollars from a single investor, and spent it on personal expenses. Mitsakos now stands a convicted felon and awaits sentencing for his crime.”

According to the Complaint, the Indictment, and other statements made in open court:

In or about October 2013, MITSAKOS created a purported hedge fund called Matrix Capital (“Matrix”).  Matrix purported to be a “long-short” fund that invested in undervalued securities and sold overvalued securities short with a long track record of success.  In order to raise money for his fund, MITSAKOS and others sent marketing materials and newsletters to numerous potential investors.  Certain of these materials claimed that Matrix had achieved returns exceeding major indices like the S&P 500, including, in one newsletter, purported gains of approximately 25% in 2012, 66% in 2013, 20% in 2014, and 49% between January and October of 2015.  MITSAKOS also led potential investors to believe that these returns were based on actual securities trades by Matrix, and that Matrix had millions in assets under management (“AUM”). 

MITSAKOS’s representations regarding Matrix’s performance and AUM were false.  In fact, Matrix had no track record in actually purchasing and selling securities, and, indeed, had no meaningful assets until receiving funds from a victim in September 2015.  Instead, the purported performance results provided to potential investors were premised on how a hypothetical portfolio would have performed had Matrix actually acquired certain securities.  No such trading actually took place and Matrix never actually owned any of the securities in the hypothetical portfolio that MITSAKOS maintained.  Even in regard to Matrix’s hypothetical investment portfolio, MITSAKOS retroactively manipulated the investments in that portfolio from time to time in order to improve dramatically its hypothetical performance. 

Based in part on MITSAKOS’s misrepresentations, Matrix received approximately $2 million from an investor in September 2015.  MITSAKOS, however, used only a portion of that amount – about $1.2 million – to actually buy and sell securities.  Of the remaining amount, MITSAKOS spent hundreds of thousands of dollars on business expenses and personal expenses like car payments, credit cards, and rent.  MITSAKOS’s trading of the $1.2 million that he did invest, moreover, resulted in significant losses.

MITSAKOS, 57, pled guilty to one count of conspiring to commit securities and wire fraud. This charge carries a maximum term 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. Kim praised the exceptional work of the Office’s criminal investigators, and thanked the Securities and Exchange Commission for its assistance.

Manhattan U.S. Attorney Announces Charges Against Operator Of Online Retailer For Running Fraudulent Eyewear Website

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector in Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced the arrest of VITALY BORKER, the operator of “OpticsFast.com,” an online retailer of purported designer eyewear.  BORKER was arrested pursuant to a complaint charging him with mail and wire fraud in connection with a scheme to defraud unsuspecting customers by misrepresenting the authenticity and condition of eyeglasses sold through the website, and to harass customers who complained or attempted to return their purchases.  BORKER was arrested this morning and will be presented later today before the Honorable Ronald L. Ellis.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “As alleged, Vitaly Borker ran his eyewear business, OpticsFast.com, as an online platform for fraud, selling defective and counterfeit merchandise. And as alleged, when his customers rightfully complained or tried to get their money back, Borker harassed and abused them. Borker’s shameless brand of alleged abuse cannot be tolerated, and we are committed to protecting consumers from becoming victims of such criminal behavior. We thank our partners at the U.S. Postal Inspection Service for their shared commitment to this mission.”

USPIS Inspector in Charge Philip R. Bartlett said: “As the adage goes, what goes around comes around - Mr. Borker took this to the extreme when he allegedly devised his fraud scheme to cheat consumers attempting to purchase eyewear.  His cool shades couldn’t shield him from the bright light of law enforcement who illuminated his alleged illicit scheme.  He should have realized he could never outwit Postal Inspectors.”

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

BORKER operates the eyewear website “OpticsFast.com” that purported to sell “brand new and 100% authentic” luxury eyewear, and that advertised itself as “the planet’s biggest online website for designer discount sunglasses and eyeglasses.”  But customers of OpticsFast.com frequently received damaged and counterfeit items, were refused refunds, charged unauthorized restocking fees, or never sent eyewear for which they had been charged.  When those customers tried to return merchandise, BORKER, using an alias, subjected them to a campaign of abusive emails and text messages.  BORKER also insulted customers, called them names, and threatened to refer disputed sales to debt collectors.

BORKER, 41, of Brooklyn, New York, is charged with mail fraud and wire fraud, each of which carries a maximum sentence of 20 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.

Acting U.S. Attorney Kim praised the efforts of the USPIS in this case.  He added that the investigation is ongoing.

The charges contained in the Complaint are merely accusations, and the defendant is 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 set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Four Charged With Brutal Kidnapping Of Georgia Victim

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Timothy Gallagher, the Special Agent-in-Charge of the Newark Field Office of the Federal Bureau of Investigation (“FBI”), announced charges against four defendants for their participation in a brutal kidnapping conspiracy, in which a victim was forcibly abducted at gunpoint in Georgia, stabbed, shot at, held hostage, and then driven north from Georgia toward the Bronx, New York. The victim was finally rescued by law enforcement authorities at the New York/New Jersey border.

Acting Manhattan U.S. Attorney Joon H. Kim said: “The defendants allegedly committed a brutal kidnapping – seizing their victim at gunpoint, shooting at him, stabbing him, and then driving him from Georgia, headed for the Bronx. Thankfully, the victim was rescued, and the defendants apprehended. I want to thank our partners at the FBI for their tremendous work in this investigation and commitment to confronting violent crime.”

FBI SAC Timothy Gallagher said: “Combating violent crime is, and will always remain, a priority of the FBI. These charges reinforce that commitment, and send a message to individuals who engage in violent acts, that the FBI and our law enforcement partners will pursue them with the full force of the law.”

The Indictment[1], which was filed yesterday, charges ISMAEL CASTREJON-GUIZAR, a/k/a “Guero,” EDGARDO NAVAREZ, a/k/a “Edgar,” DULCE SANTOS-VALENZUELA, and RICARDO OCASIO-REYES, a/k/a “Ricky,” in two counts, with participating in a conspiracy to kidnap the victim in or about December 2016, and with the use and possession of firearms, which were brandished and discharged, during and in relation to that kidnapping conspiracy. se charges carry maximum statutory penalties of life in prison.

The defendants were all previously arrested by state authorities, and have been detained. They will each be brought into federal custody on writs. The case is assigned to U.S. District Judge Lewis A. Kaplan.

Mr. Kim thanked the FBI’s Violent Crimes Task Force, and also thanked the Port Authority Police Department, the Bergen County Prosecutor’s Office, and the Chamblee Police Department for their excellent work in apprehending the defendants.

The charges contained in the Indictment are merely accusations, and the defendants are 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 should be treated as an allegation.