DE BLASIO ADMINISTRATION RELEASES MAYOR'S MANAGEMENT REPORT FOR FISCAL YEAR 201

Emergency response times improved in many categories; traffic deaths, fire fatalities and murders are all down; use of transportation options increased; street cleanliness ratings improved

  The de Blasio administration today released the Mayor’s Management Report for fiscal year 2017, an analysis of City agencies’ performance from July 1, 2016 to June 30, 2017. This year marks the 40th anniversary of the MMR, which is mandated by the City Charter and uses indicators to measure and track the City’s progress on a variety of goals and the implementation of services associated with those goals.

“The Mayor’s Management report isn’t just a collection of numbers, or a tool of good government. It’s also a statement of who we are as New Yorkers and the kind of leadership we demand from those who serve us,” said Mayor Bill de Blasio. “As New Yorkers strive to deepen the progress we’ve made together, the need for strategic, data-driven decision making has never been greater.”

“The MMR and the Mayor’s Office of Operations were created 40 years ago. Today, the MMR continues to be a standard of good government that the Mayor's Office of Operations is proud to lead,” said Emily W. Newman, Acting Director of the Mayor’s Office of Operations. “By tracking citywide performance, we are able to focus our efforts to make a meaningful impact on the lives of all New Yorkers.”

The MMR is a crucial component of what makes New York City a national model of public accountability by making the City’s performance data available to the public. This report not only allows the public to gain insight into how the government is working on behalf of New Yorkers, it also routinely creates opportunities for government to better target its work. Focusing on data allows the City to identify areas where our work is succeeding and other areas where we face challenges, and to continuously improve the delivery of services.

The vision for the MMR grew out of the 1970s fiscal crisis, which demanded a new strategy for management in City government. The first MMR was published by the Beame administration and was devised in an effort to control an unwieldy “management-by-crisis” approach. The MMR became a valuable tool for holding City government accountable.

Key Improvements Include:

NYPD

·         End-to-end emergency response times decreased for all crimes in progress by 29 seconds from 10:35 to 10:06; for critical crimes in progress by 20 seconds from 7:09 to 6:49; and for serious crimes in progress by 34 seconds from 9:24 to 8:50.

·         Murder and non-negligent manslaughter decreased 12.0% from 341 to 300.

·         Major felony crime decreased 6.3% from 105,614 to 98,991.

·         Forcible rape decreased 4.7% from 1,164 to 1,109 and rape related to domestic violence decreased 4.2% from 526 to 504.

·         Robbery decreased 11.5% from 16,670 to 14,759.

·         Felonious assault decreased 1.1% from 20,877 to 20,651.

·         Burglary decreased 13.9% from 14,463 to 12,454.

·         Grand larceny decreased 3.0% from 45,164 to 43,787. Grand larceny auto decreased 14.5% from 6,935 to 5,931.

·         Major felony crimes decreased in housing developments by 2.3% from 5,205 to 5,084 and in the transit system by 1.8% from 2,520 to 2,475.

·         Major felony crimes in schools decreased 5.3% from 532 to 504, and other criminal activities in schools decreased 9.6% from 2,219 to 2,007.

·         DWI-related fatalities decreased 25.7% from 35 to 26.

FDNY

·         For life-threatening medical emergencies, end-to-end combined response time by ambulance and fire units decreased 8 seconds from 8:17 to 8:09.

·         End-to-end average response time by ambulance units decreased 13 seconds from 9:09 to 8:56.

·         Civilian fire fatalities decreased 32.8% from 64 to 43.

·         Structural fires decreased 3.1% from 26,922 to 26,075.

DOT

·         Citywide traffic fatalities declined by 10.6% from 236 to 211.

·         Traffic fatalities of motorists and passengers decreased 25.0% from 84 to 63, and of bicyclists and pedestrians by 2.6% from 152 to 148.

·         Use of transportation options increased: Staten Island Ferry ridership increased 3.7% from 23,067,000 to 23,920,000. Average monthly ridership on the East River ferry increased 3.5% from 131,896 to 136,463. Citi Bike trips increased 22.5% from 12,234,000 to 14,981,000 as Citi Bike annual memberships increased 73.3% from 114,779 to 198,858.

·         Bicycle lane miles installed for the year increased 53.7% from 53.9 to 82.9.

·         Annual Select Bus Service ridership increased 19.1% from 65,433,000 to 77,902,000, and cumulated Select Bus Service route miles increased 21.2% from 73 to 89.

DHS

·         Families with children entering the shelter system decreased 5.4% from 13,311 to 12,595. Shelter length of stay for families with children in shelters decreased by 3.9% from 431 to 414 days, and for adult families by 2.3% from 563 to 550 days.

·         Exits to permanent housing increased for families with children by 3.2% from 8,294 to 8,558. The percentage of households and people who returned to shelter within one year decreased by 23.5% for all families with children that exited to permanent housing and by 7.7% for families with children that exited to subsidized permanent housing; by 10.5% for single adults who exited to permanent housing; and by 166.7% for adult families that exited to subsidized permanent housing.

·         Families with children receiving preventive services who did not enter the shelter system increased 0.1% from 94.1% to 94.2%.

·         Adult families receiving preventive services who did not enter the shelter system increased 3.5% from 90.7% to 94.0%.

DOHMH

·         The percentage of adults without health insurance decreased from 12.6% to 10.9%.

·         New HIV diagnoses (CY preliminary) decreased 8.6% from 2,493 to 2,279.

·         New cases of blood lead levels greater than or equal to 10 micrograms per deciliter among children under 6 decreased 9.7% from 784 to 708.

·         Infant mortality rate per 1,000 live births (CY) decreased 4.7% from 4.3 to 4.1.

·         Adults who smoke (CY) decreased 9.2% from 14.3% to 13.1%.

·         Restaurants scoring an A increased 0.6% from 92.7% to 93.3%.

DEP

·         Catch basins cleaned increased 68.4% from 30,778 to 51,816.

DOB

·         Average days to complete first plan review decreased in multiple categories: for new buildings (Hub) by 51.0% from 9.9 to 4.9; for new buildings (Borough) by 49.2% from 11.1 to 5.6; for major renovations (Alteration I) (Hub) by 43.2% from 9.0 to 5.1; for major renovations (Alteration I) (Borough) by 52.8% from 12.2 to 5.8; for minor renovations (Alterations II and III) (Hub) by 95.5% from 2.7 to 0.1; and for minor renovations (Alterations II and III) (Borough) by 54.0% from 3.2 to 1.5.

DSNY

·         Streets rated acceptably clean increased 0.9% from 95% to 95.9%.

·         Sidewalks rated acceptably clean increased 0.8% from 96.5% to 97.3%.

TLC

·         Active medallion taxis that are accessible increased 112.3% from 876 to 1,860.

·         Active Boro Taxis that are accessible increased 6.6% from 1,393 to 1,485.

OCME

·         Time to complete autopsy reports decreased 17.4% from 69.0 to 57.0 days, and median time to complete toxicology reports decreased 60.7% from 56.0 to 22.0 days.

DOE

·         Students in grades 3 to 8 meeting/exceeding standards in English increased 6.4% from 38.0% to 40.6%, and meeting/exceeding standards in Math increased 3.7% from 36.4% to 37.8%.

·         Average class sizes from kindergarten through 7th grade generally went down with decreases ranging from 0.4% to 2.7%.

·         Parents attending parent-teacher conferences increased from 1,983,000 to 2,021,000. In-person consultations with parents by PC or parent engagement designee increased 2.8%, and parents attending parent coordinator workshops increased 6.4%.

SBS

·         MWBEs that were certified increased 13.4% from 4,516 to 5,122, and the annual recertification rate went up 8.4 percentage points from 53.4% to 61.8%.

·         MWBEs awarded City contracts increased 11.9% from 1,011 to 1,131, and MWBEs that were awarded contracts after receiving procurement and capacity building assistance increased 14.0% from 723 to 824.

·         SBS site consultations provided by Business Services inspectors increased 105.6% from 1,052 to 2,163.

DOC

·         Incidents of use of force went down overall by 1.7% from 4,756 to 4,673, and decreased for adolescent inmates by 10.6% from 594 to 531.

·         Inmates delivered to court on-time increased dramatically to 98.4% from 84%.

·         The rate of use of force incidents with serious injury per 1,000 inmates went down 2.9% from 0.68 to 0.66 and went down for minor injury by 5.5% from 15.39 to 14.55.

NYCHA

·         Resident job placements increased 48.9% from 1,410 to 2,099.

·         NYCHA applicants placed through Section 8 vouchers increased 61.7% from 1,706 to 2,758.

·         Time to resolve emergency service requests decreased 7.2% from 13.1 to 12.1 hours.

·         Elevator related fatalities decreased from 2 to 0, and alleged elevator injuries reported to DOB decreased 45.0% from 20.0 to 11.0.

DCAS

·         Leasing activity decreased with 27 fewer lease-in agreements executed, and a 43 percent decline in square footage associated with executed lease-in agreements (from 3m to 1.7m), consistent with the goal of maximizing the use of City-owned space and lowering costs associated with leasing private space.

·         The annual estimated reduction in greenhouse gas emissions from all City government building-related energy projects went up 203.2% from 14,459 to 43,833 metric tons reduced, associated with a 116.9% increase in annual estimated avoided energy costs from $6.56  million to $14.23 million in costs avoided.

·         Applications received for open competitive civil service exams increased 112.9% from 79,878 to 170,031, and candidates tested increased 32.1% from 83,364 to 110,140.

DoITT

·         The number of data sets available for download on NYC.gov/OpenData increased 9.5% from 1,552 to 1,700.

STATEN ISLAND COUPLE CHARGED WITH HURRICANE SANDY RELIEF FRAUD

Defendants Obtained $750,000 from Relief Programs Intended for Residents Displaced by the Superstorm

  A criminal complaint was unsealed today in federal court in Brooklyn charging Nagwa Elsilimy and Ahmed Arafa with fraud by making false statements to the Federal Emergency Management Agency (FEMA) and the United States Department of Housing and Urban Development (HUD) in connection with their obtaining more than $750,000 in disaster relief from New York City’s Build It Back program (BIB) and FEMA in the aftermath of Hurricane Sandy. The defendants allegedly misrepresented that a home in Staten Island, which they had abandoned months before the storm, was their primary residence at the time the superstorm devastated New York and New Jersey. The defendants unlawfully obtained over $750,000 in aid intended for people displaced by the storm. Elsilimy was arrested this morning, and her initial appearance is scheduled for this afternoon before United States Chief Magistrate Judge Roanne L. Mann. 

  The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Christina Scaringi, Special Agent-in-Charge, United States Department of Housing and Urban Development Office of Inspector General (HUD OIG), Mark Tasky, Special Agent-in-Charge, Department of Homeland Security Office of Inspector General (DHS OIG), Washington Field Office, and Mark G. Peters, Commissioner, New York City Department of Investigation (DOI). 

  “Taking advantage of funds intended for disaster relief misappropriates taxpayer dollars, reduces monies available to true victims and erodes public confidence in relief programs,” stated Acting United States Attorney Rohde. “This Office will continue to work with our law enforcement partners to root out such alleged illegal behavior.”

  “The Defendants’ alleged conduct is disturbing, especially during this time when the public is reminded of the devastation that historic storms leave with thousands of victims,” stated HUD OIG Special Agent-in-Charge Scaringi. “The taxpayer has no tolerance for those who would steal from Federal public aid – the sole goal of which is to help victims rebuild and move forward with their lives. We, along with our federal and state law enforcement and prosecution partners, will continue to aggressively pursue fraudsters who engage in such unacceptable behavior to both the public and their neighbor.”

  “DHS OIG will continue to target fraudsters who seek to turn the tragedy of a natural disaster into an opportunity of personal gain at the expense of taxpayers,” stated DHS OIG Special Agent-in-Charge Tasky. “Today’s arrest is a tangible step of our commitment with our law enforcement partners who work tirelessly to identify, investigate, and pursue prosecution of fraudulent activities that undermine federal programs.”

  “Hurricane Sandy ravaged shoreside communities and displaced hundreds of thousands of New Yorkers from homes made uninhabitable by the storm,” stated DOI Commissioner Peters. “While homeowners applied for aid to rehabilitate and rebuild, these defendants were capitalizing on the destruction, collecting benefits to which they were not entitled and exploiting federal funds to restore property they didn’t live in, according to the charges. DOI has monitored the City’s rebuilding effort since its inception, and will continue to investigate the programs and those dishonest homeowners who take advantage of finite disaster relief funds.”

  According to the complaint, in the days and months following Hurricane Sandy, which struck New York and New Jersey on October 29, 2012, the defendants obtained and attempted to obtain federal funds appropriated for Sandy disaster relief by submitting material misrepresentations in their applications for disaster relief. Specifically, the defendants falsely represented that a home they had abandoned before the storm was their primary residence at the time Sandy hit the Eastern District of New York. The defendants had been residing at a different address since at least March 2012, and, at the time Sandy struck Staten Island, the defendants’ alleged primary residence was vacant, and had been vacant for at least seven months. Evidence obtained in the investigation suggests that the defendants fraudulently obtained federal aid totaling more than $750,000 based upon their misrepresentations in applications to FEMA, HUD and BIB, the New York City program established with federal funds to aid residents in rebuilding private homes damaged or destroyed due to Hurricane Sandy.

  The charges in the complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face a statutory maximum of 30 years’ imprisonment for major disaster relief fraud and five years’ imprisonment for making false statements to a federal agency,

  The Defendants: NAGWA ELSILIMY Age: 59 Staten Island, NY AHMED ARAFA Age: 59 Staten Island, NY E.D.N.Y. Docket No. 17-MJ-805

Comptroller Stringer Report: High Number of Middle and High School Students Aren’t Taught “Sex Ed”

Just 57 percent of eighth grade students completed the New York State-mandated requirement of one semester of health

Comptroller calls on DOE to implement new Chancellor’s Regulation guaranteeing sexual education for all middle and high school students

  A new report released by New York City Comptroller Scott M. Stringer shows that the New York City Department of Education (DOE) is not providing comprehensive health education — as required by state law — to all middle and high school students, and is not prioritizing “sex ed” as part of a larger health curriculum. The Comptroller’s report, Healthy Relationships: A Plan for Improving Health and Sexual Education in New York City Schools, highlights the deficiencies in the City’s ability to provide sex ed, with just over half of all middle school students receiving their mandated semester of health education and only 7.6 percent of all health instructors receiving any professional development related to sexual health education over the last two years. The new report comes as several indicators regarding sexually transmitted infections (STI) rates and sexual risk behaviors are ticking up among teenagers.

“Our goal is to paint a broad picture for everyone with a stake in City schools, and to create a roadmap that ensures our kids are getting the comprehensive education they deserve. Most parents expect their schools to be teaching sex ed, and as our report shows, it isn’t happening. We know there are many competing demands for City schools, and many critical areas of growth on which to focus. We did this report to elevate the conversation about a topic that is serious and, I believe, crucial for our students – and we hope to see the needle move in the right direction in the future,” Comptroller Stringer said. “We, as a city, are defined by how we treat our children. Yet, when just a fraction of eighth grade students are getting mandated instruction, I’m alarmed. That’s why I’m calling on the DOE to implement a Chancellor’s Regulation that guarantees sexual health education for all middle and high school students. It’s commonsense, it should be codified in the rules, and it should be considered part of a standard classroom education for all – not a luxury for a few.”

Specifically, Comptroller Stringer’s report found:

• Only 57 percent of eighth grade students completed the New York State-mandated requirement of one semester of health taught during the middle school years;
• Only 7.6 percent of all health instructors participated in any professional development related to sexual health education within the last two years;
• Of all 6-8 middle schools specifically, 28 percent do not have a teacher assigned to teach health;
• 88 percent of schools that teach students in grades 6-12 (844 schools) have no teacher who is licensed by New York City for health education. This includes:
  • 92 percent of middle schools (398 middle schools)
  • 53 percent of high schools (446 high schools)
• Across all grades in New York City, 568 out of 1043 – or 45 percent – of health teachers are not state certified;
• Just 144 of the 4,560 teachers in middle and high schools who were assigned to teach health are actually licensed by the City to do so;

At the same time, public health data shows that:

• 4 percent of New York City teenagers reported experiencing sexual dating violence during the past 12 months, according to a 2015 survey of public high school students in grades 9-12. On average, New York City teenagers place over 1,400 calls to the City’s Domestic Violence hotline each month;
• While pregnancy rates among New York City teens have dropped overall in recent years, they remain elevated in some parts of the city. Teen pregnancy rates in the Bronx, for instance, remain the highest in the state – in 2014, there were 69 pregnancies per 1,000 females age 15-19 years, compared with the citywide rate of 48.1 per 1,000;
• In New York City among youth ages 13-19, incidents of chlamydia and gonorrhea both were on the decline after reaching peaks in 2011. However, both began to inch up again in 2015, the most recent year for which there is city data, for the first time since 2010; and
• According to the 2015 National School Climate Survey, 85 percent of LGBTQ students reported verbal harassment, while 13 percent reported being physically assaulted. Public health data show that LGBTQ youth are more likely to engage in risk behaviors that contribute to attempted suicide and substance abuse, and are at increased risk for homelessness – making the need for comprehensive sexual education all the more important.

The report comes as sexual health education is under attack in Washington. In July, the Department of Health and Human Services announced that all grant funding through the Teen Pregnancy Prevention (TPP) program would be terminated two years early, and the Republican Congress has already moved to strip its funding along with the Personal Responsibility Education Program (PREP), opting instead to support abstinence-only sexual education. These funding streams support many Community Based Organizations that are providing sex ed instruction in both schools and communities, making it even more critical that schools are consistently delivering quality comprehensive sexual health education to students.

New York State law requires that all students receive health instruction, and that students in grades 6-12 be taught health by a certified health instructor. While New York State law does not explicitly require that sexual health be included in mandated health instruction, the NYC DOE has advised principals since 2011 to include sexual health as part of health instruction for grades 6-12. As the most recent data shows, very few schools are in compliance with either the state requirement or the City’s policy. What is needed is deepened accountability and greater communication prioritizing the importance of sexual health education. As a result, the Comptroller called on the DOE to implement a Chancellor’s regulation that guarantees sex ed for all middle and high school systems as part of a comprehensive – and common-sense – middle and high school education.

The Comptroller’s report puts forward a series of findings and recommends a set of reforms based on best practices from other cities aimed at helping students develop healthy, informed outlooks on their own sexual health and identity.

DOE Should Issue a Chancellor’s Regulation Regarding Sex Ed

The DOE should mandate sexual health and wellness instruction in the health curriculum taught in 6th to 12thgrades through a Chancellor’s Regulation, and expand the mandate to include K-5th grades following National Sexuality Education Standards.

DOE must comply with State law by ensuring all secondary school health instructors are certified to teach health

Schools that do not have certified health instructors in grades 6-12 should provide a pathway for certification for at least one health instructor. This may include covering or subsidizing the cost of certification or other incentives.

Improve methods of evaluation and public reporting

A review of sexual health education should be included as part of every school’s quality review, conducted by the Department of Education.

Expand School Wellness Councils to all schools

School Wellness Councils are existing volunteer bodies that can provide oversight and emphasize the importance of sexual health education but they are not in place in every school.

Coordinate sexual health and wellness efforts

The Department of Education needs to better synchronize efforts and resources specific to comprehensive sexual health offered by the Department of Health and Mental Hygiene (DOHMH) and the Mayor’s Office to Combat Domestic Violence (OCDV).

Friends of Van Cortlandt Park - Hike-toberfest is One Week From Today!

Hike, Eat, Drink & Celebrate with Friends during our new fun fundraiser for the hiking trails of Van Cortlandt Park. Come see why VCP is Where NYC Hikes.

Hikes start at 2pm: Hikers will have the option of going on a 4-5 mile hike throughout the park OR a 2 mile leisurely nature hike or Loving the Bronx history tour. All hikes will be led by guides and take about 2 hours. All registered participants will receive a VCP Where NYC Hikes giveaway. 

Oktoberfest is from 4-7pm: Attendees will receive a Hike-toberfest Souvenir Mug, eat German food by Loreley Restaurant & Biergarten, enjoy local beers served by The Bronx Beer Hall and listen to a performance by The Third Wheel Band. Special thank you to all the breweries for donating! Yard games will be set up to challenge your friends as you hang out on the Van Cortlandt House Museum Lawn. 

Tickets Purchased in Advance Are Discounted

Tickets at the door are more expensive and cannot be guaranteed.

Sponsorship Opportunities Available.

Friends of Van Cortlandt Park

vancortlandt.org

718-601-1553

info@vancortlandt.org

80 Van Cortlandt Park South Ste. E1

Bronx, NY 10463, US

Former Mobile Phone Industry Employee Sentenced In Manhattan Federal Court To 33 Months In Prison For Role In Multimillion-Dollar Consumer Fraud Scheme

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that FRANCIS ASSIFUAH, a/k/a “Francis Assif,” was sentenced today to 33 months in prison for participating in a massive scheme to defraud consumers by placing unauthorized charges for text messaging services on their cell phone bills, through a practice known as “auto-subscribing.” Through their fraudulent scheme, ASSIFUAH and his co-conspirators charged millions of mobile phone customers $9.99 a month for unsolicited, recurring text messages about topics such as horoscopes, celebrity gossip, and trivia facts, without the customers’ knowledge or consent. The fraud resulted in the theft of over $100 million from consumers throughout the United States. ASSIFUAH pled guilty to his role in the fraud on February 7, 2017, and was sentenced today in Manhattan federal court by the Honorable Katherine B. Forrest.

To date, four additional defendants, Andrew Bachman, Lin Miao, Michael Pajackowski, and Erdolo Eromo, have pled guilty in connection with their participation in the fraud, and one additional defendant, Fraser Thompson, was convicted by a jury on September 5, 2017, following a three-week trial.

Acting Manhattan U.S. Attorney Joon H. Kim said: “Francis Assifuah and his co-conspirators charged millions of cell phone customers for text message services they never signed up for, ultimately reaping more than $100 million from their scheme. Together with our law enforcement partners, we are committed to uncovering and prosecuting schemes that defraud consumers.”

According to the Indictment filed in Manhattan federal court, other court documents, and statements made in connection with ASSIFUAH’S guilty plea and sentencing:

ASSIFUAH is a former employee of Mobile Messenger, a mobile “aggregator” that compiled, or “aggregated,” charges for premium services – such as monthly horoscopes, celebrity gossip, and trivia facts – on consumers’ mobile phone bills. In the auto-subscribing scheme, Mobile Messenger worked with multiple different “content provider” companies, which sent consumers the unwanted text messages that ultimately resulted in the consumers being charged for services they had not authorized. Those content providers included a company called Tatto Media, which was operated by Miao; companies called CF Enterprises and DigiMobi, which were operated by Eugeni Tsvetnenko, a/k/a “Zhenya”; and a company called Bleam Technology, which was operated by ASSIFUAH.

While he was working at Mobile Messenger, ASSIFUAH worked with and befriended Eromo. In early 2012, Eromo approached Pajackowski, a fellow Mobile Messenger employee, and asked to participate more actively in the auto-subscribing activities that Pajackowski and others were engaging in with Tatto Media. After Pajackowski told Eromo there was no room for him in the Tatto Media auto-subscription, Pajackowski suggested that they recruit another content provider with technical expertise to help them expand the scheme. Eromo then met with ASSIFUAH at a trade show in Las Vegas and presented him with the plan to auto-subscribe, using Bleam Technology as the content provider. By the time Eromo returned from the Las Vegas trade show, ASSIFUAH had agreed to become involved in auto-subscribing. Shortly thereafter, Eromo, Pajackowski, and ASSIFUAH began to auto-subscribe consumers through Bleam Technology, using Mobile Messenger as the mobile aggregator.

The auto-subscription scheme, through all of the content providers that it involved, affected millions of consumers and generated over $100 million in criminal proceeds. 

In addition to the prison sentence, ASSIFUAH, 44, of Las Vegas, Nevada, was sentenced to two years of supervised release.

Mr. Kim praised the investigative work of the Internal Revenue Service - Criminal Investigation, and the Federal Bureau of Investigation, and expressed his sincere gratitude to the Federal Trade Commission for their support and assistance with the investigation.

If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact the Victim/Witness Unit at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900. For additional information, go to http://www.usdoj.gov/usao/nys/victimwitness.html.

Businessman Pleads Guilty To Conspiracy To Forge A Federal Judge’s Signature

The Defendant Used Counterfeit Court Orders to Get Websites Containing Unfavorable Postings About His Company De-Indexed From Google Search Results

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Michael Greco, the United States Marshal for the Southern District of New York (“USMS”), announced that MICHAEL ARNSTEIN pled guilty today before U.S. District Judge Andrew L. Carter Jr. to one count of conspiracy to forge a federal judge’s signature.  ARNSTEIN is scheduled to be sentenced by Judge Carter on January 16, 2018. 

Acting Manhattan U.S. Attorney Joon H. Kim said:  “As he admitted today, Michael Arnstein exploited the authority of the federal judiciary in a blatantly criminal scheme. By forging court orders and the signature of a U.S. District Judge, Arnstein was able to effectively erase websites critical of Arnstein’s business from its search results. Now Arnstein awaits sentencing in the same court he impersonated.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “Arnstein’s attempts to remove any trace of unfavorable information about his business posted online sent him down a slippery slope.  Not only did he commit a federal crime by forging a judge’s signature in furtherance of his scheme, but he now finds himself back on the Internet.  This time, however, it’s a story no search engine can erase.”

U.S. Marshal Michael Greco said:  “The outstanding combination of investigative efforts by the FBI and U.S. Marshals Service enabled deputies and special agents to expose an egregious attempt at forgery and deception by Michael Arnstein.  The Deputy U.S. Marshals assigned to the Southern District of New York’s Protective Intelligence Unit work tirelessly to investigate any and all forms of inappropriate communications in order to thwart such schemes.  As always, the U.S. Marshals Service is committed to protecting the safety, security and integrity of our federal judiciary and court family.”     

According to the allegations contained in the Complaint, the felony Information to which ARNSTEIN pled guilty, and statements made during the plea proceeding and other court proceedings:

Between February 2014 and February 2017, ARNSTEIN engaged in a brazen scheme to submit counterfeit federal court orders to Google, Inc. (“Google”) in an effort to get websites containing unfavorable postings about ARNSTEIN’s business de-indexed from Google’s internet search results. In furtherance of this scheme, ARNSTEIN and others forged the signature of a United States District Judge for the Southern District of New York on over ten counterfeit court orders.  These counterfeit orders listed the websites containing purportedly defamatory information about ARNSTEIN’s business and ordered the removal of such information from the websites.  ARNSTEIN then submitted the counterfeit orders, which appeared to be valid on their face, to Google and requested that Google de-index the websites containing the purportedly defamatory information.  ARNSTEIN often succeeded in getting the websites de-indexed using the counterfeit court orders.   

ARNSTEIN, 40, of Kailua, Hawaii, pled guilty to one count of conspiracy to forge a judicial signature, which carries a maximum sentence of five years in prison.  The maximum potential sentence 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 outstanding investigative work of the Federal Bureau of Investigation and the United States Marshals Service.  Mr. Kim also thanked Google for its helpful assistance in this investigation.