Bronx Borough President Ruben Diaz Jr. Invites you to the Bronx Jewish Historical Initiative

MAYOR BILL DE BLASIO ANNOUNCES APPOINTMENT OF EDNA WELLS HANDY AS ACTING NYCHA CHIEF COMPLIANCE OFFICER

  Mayor Bill de Blasio today announced the appointment of Edna Wells Handy to The New York City Housing Authority’s Executive Compliance Department as Acting Chief Compliance Officer. Handy will begin full-time in December.

Handy currently serves as legal Counsel to the NYPD Commissioner, and previously served as Commissioner of the City’s Department of Citywide Administrative Services. She grew up in New York City public housing.

For the first time in its history, NYCHA is creating an Executive Compliance Department. As Acting Chief Compliance Officer, Handy will lead that department and be responsible for oversight of NYCHA’s regulatory compliance. The department will be responsible for the compliance training for NYCHA’s employees and the accuracy of external reporting by NYCHA. Additionally, this Executive will respond to employee and resident complaints regarding compliance issues. Handy will report directly to the NYCHA Chair.

“We take our job to keep the residents of public housing safe extremely seriously. Edna will be a voice for residents and an aggressive agent for protecting them,” said Mayor Bill de Blasio.

“I grew up in New York City’s public housing and I am ready to serve as NYCHA’s first Chief Compliance Officer. This is about holding the agency accountable to laws at every level of government and, most importantly, to the 400,000 New Yorkers who call NYCHA home,” said incoming Acting Chief Compliance Officer Edna Wells Handy.

“I am looking forward to working with Edna Wells Handy to address compliance at NYCHA. We owe it to the 1 in 14 New Yorkers who call NYCHA home to ensure their apartments are safe,” said NYCHA Chair Shola Olatoye.

Today’s appointment is part of NYCHA’s broader reforms to address immediate and long-term compliance with both lead regulations as well as other regulations to protect and improve residents’ safety. In addition to establishing a new compliance department, the agency is engaging a team of lead experts to advise on best practices.

About Edna Wells Handy:

Edna Wells Handy currently serves as the Counsel to the NYPD Commissioner.

She began her legal career as a law clerk at the U.S. District Court, Southern District of New York in 1976, and also served as an Assistant District Attorney and Bureau Chief at the Kings County District Attorney’s Office; Vice President for Legal Affairs at the NYC Health & Hospital Corporation and as Deputy Attorney General for Administration for then-New York Attorney General Andrew Cuomo. 

From 2004 through 2007, Wells Handy served as Deputy Executive Director of the NYC Department of Education, Human Resources. She also served as Co-Leader of the Change Management Team responsible for the redesign of the division’s Human Resources Diversity Initiatives.

Wells Handy previously served as the Commissioner, Department Citywide Administrative Services, where she oversaw 2,100 employees supporting more than 150,000 City workers and 80 agencies in critical areas of Civil Service Administration, Human Capital/EEO and diversity. 

Counsel Wells Handy earned a Bachelor of Arts degree from New York University and a Juris Doctor from Georgetown University Law School. She is also a candidate for Master in Public Administration, Columbia University, School of International and Public Affairs, 2019.

State and City Elected Officials Call for Independent Monitor to Oversee NYCHA

New report shows long wait time for lead and mold complaints

Members of the New York State Senate, Assembly and New York City Council called for the creation of an independent monitor to oversee the New York City Housing Authority following a scathing revelation from the New York City Department of Investigation that the authority lied about performing lead paint inspections.

Senator Klein proposed an independent monitor as part of the Independent Democratic Conference’s Changing New York Agenda in January 2017. It passed the Senate twice this year, both as part of the IDC’s one house budget proposal in March and as a standalone bill in June, however it failed to pass in the Assembly.

Following recent reports regarding falsified documents related to lead paint inspections by the agency, Council Member Salamanca announced the introduction of a resolution urging the creation of an independent monitor to oversee NYCHA operations.

“It is clear from recent events and the numerous reports that I’ve issued on NYCHA conditions that an independent monitor is the only way we can ensure that tenants have safe, livable housing. This new report today shows the continued incompetence of the agency in responding to residents’ requests to remove dangerous materials and make their residences habitable,” said Senator Klein.

“The time is now to finally act on our legislation to protect the over 400,000 NYCHA residents across the City. It is outrageous that there seems to be an endless flow of blunders that put our constituents well-being and lives at risk. An independent monitor to oversee the mismanagement will be a step in the right direction,” said Senator Diane Savino.

“NYCHA apartments represent the backbone of New York City's affordable housing stockpile and NYCHA residents have the right to expect clean, safe homes in good repair. Recent revelations of fraudulent statements sent by NYCHA to the federal government shows that outside supervision is sorely needed to make sure that NYCHA is on a firm footing for the future and that the voices of tenants are heard,” said Senator Marisol Alcantara.

“Like every New Yorker, every NYCHA resident deserves safe housing. Every child growing up in NYCHA housing deserves to be free from hazardous lead that can negatively impact their growth and development. Every parent raising a family in NYCHA housing deserves to know that their apartment is not poisoning them. With this report and the legislation we advance, we mandate meaningful transparency and independent oversight to give families in NYCHA housing the assurances they need. Your health and well-being matter – as someone who grew up in NYCHA housing myself, I know it is our duty to ensure NYCHA lives up to its responsibilities to every NYCHA resident,” said Senator Jesse Hamilton.

“NYCHA's false reporting on lead paint inspections represents a collapse of credibility in the public mind. The only hope for restoring public confidence in the leadership of the Housing Authority is an independent monitor, and I will not relent in holding NYCHA's feet to the fire until one is appointed,” said Public Housing Chair Ritchie Torres.

“Recent reports have made it crystal clear that the New York City Housing Authority is failing to live up to expectations when it comes to the safety and well-being of the more than 400,000 New Yorkers who call public housing their home. An independent monitor is greatly needed, and I join my colleagues in support of State Senator Jeff Klein’s efforts create an independent monitor and bring greater accountability to NYCHA,” said Bronx Borough President Ruben Diaz Jr.

“NYCHA is our last bastion of affordable housing and needs the best level of oversight and protection in light of most recent reports of the city’s inability to properly govern itself at the highest level of transparency and accountability. Now is the time for the state to take a more active role by creating ongoing oversight in an effort to monitor NYCHA and how it conducts its business. I am proud to stand alongside my colleague in government, Senator Klein in championing this legislation that will establish an independent monitor for NYCHA” said Assemblyman Walter T. Mosley.

Legislation proposed by Senator Klein would create an Office of the Independent Monitor within the Department of Homes and Community Renewal, to be appointed by the governor with the advice and consent of the Senate.

The independent monitor would have the power to review and would have oversight of any NYCHA project, including requiring corrective actions to remedy issues identified in projects. The monitor would also be required to prepare an annual report on the office’s activities, including any corrective actions it ordered.

Members of the Independent Democratic Conference also released a new report, “Public Housing Peril: The Need to Hold NYCHA Accountable,” on poor NYCHA conditions and the slow responses to requests from tenants to remedy their complaints.

Through a survey of NYCHA residents in partnership with Housing Chair Ritchie Torres and Community Voices Heard, the report found more than half of the respondents reported that they either currently have a mold or lead issue in their apartment or have had one in the past.

The survey also found that individuals who reported having mold and/or lead issues in their apartments generally did not receive prompt and timely responses from NYCHA building management.

In addition to the creation of an independent monitor the report includes several initiatives to improve NYCHA operations, including enhancing reporting requirements and transparency.

Click here to see the full 22 page report

BRONX NYCHA TASK FORCE ISSUES REPORT

“Safe at Home?” Examines Public Safety & Other Issues Facing NYCHA

  The Bronx Public Housing Task Force—made up of  Bronx Borough President Ruben Diaz Jr., Bronx District Attorney Darcel D. Clark and City Council Members Ritchie Torres and Vanessa Gibson—issued its report, titled “Safe at Home?”outlining solutions to the numerous safety and quality of life issues currently facing New York City Housing Authority (NYCHA) tenants.

 

The report includes numerous recommendations for NYCHA, including requiring the agency to better address critical repairs, expanding the City’s Summer Youth Employment Program to cover all eligible NYCHA residents, creating mental health and wellness clinics within NYCHA facilities, expanding youth programming options in NYCHA developments and getting young people who live in NYCHA more involved in the well-being of their communities, among others.

 

“NYCHA tenants must be safe in their own homes, be it from crime or environmental hazards that lurk in their apartments. This report offers well-considered recommendations that NYCHA can implement to manage repairs, foster greater public safety and engage young people in shaping the future of their communities,” saidBronx Borough President Ruben Diaz Jr. “Given the ongoing issues facing NYCHA right now, the agency needs to take concrete steps towards getting its house in order and ensuring the health and safety of its residents. Adopting the recommendations in this report would help make that happen. I want to thank my colleagues District Attorney Clark and Council members Gibson and Torres, as well as the numerous stakeholders and NYCHA residents who took part in this process, for their efforts on behalf of this task force.”

 

“The findings of this report make it clear that NYCHA is in need of immediate reforms from the ground up,” said City Council Member Ritchie Torres, Chair of the Council’s Committee on Public Housing. The recommendations offered here can improve the quality of life for all residents and ensure that public safety is maintained at all developments. I thank the Borough President, District Attorney Clark and Council Member Gibson for working with me to improve NYCHA and ensure they families have safe homes.”

“NYCHA residents deserve to live in safe communities. I am proud to join Bronx Borough President Ruben Diaz Jr., Chair of the Committee on Public Housing Ritchie Torres, and Bronx District Attorney Darcel Clark in releasing this important report detailing the very real safety issues Bronx NYCHA residents face and step-by-step recommendations for meaningful community improvement,” said City Council Member Vanessa Gibson, Chair of the Council’s Committee on Public Safety. “By combining brick and mortar improvements with tenant empowerment and youth development, we believe this report presents a holistic approach to community safety that we strongly urge the City of New York to adopt. On behalf of the residents of public housing in District 16, I'm grateful for the opportunity to have been a part of this Task Force to ensure that tenants' priorities remain at the forefront of our discussions. My gratitude to my colleagues for their partnership on this important topic and my appreciation to all the residents who attended our public hearings and voiced their concerns. We heard you loud and clear and today's report is reflective of our commitment to ensure that all residents of public housing live in safer communities.”

 

In December 2015, Borough President Diaz announced that he would convene a task force to study the issue of public safety in public housing in The Bronx.

The new task force would work with NYCHA tenants, law enforcement agencies, elected officials, community organizations and others to focus on solutions to crime and public safety issues that affect the borough’s NYCHA developments. The task force officially launched in January 2016, with City Council Members Gibson and Torres as its inaugural members. District Attorney Clark would also join the task force in 2016.

In addition to meetings with numerous stakeholders, the task force also solicited direct input from public housing tenants in The Bronx through a survey as well as three public hearings over the past year.

The full report can be read at http://on.nyc.gov/2mJRV7h.

Doctor And Four Executives Plead Guilty In $30 Million Scheme To Defraud Medicare And Medicaid

Defendants Fraudulently Ran Medical Clinics and Related Medical Supply and Ambulette Companies, While Paying Elderly People to Act as Patients, and Billing for Unjustified or Non-Existent Medical Goods and Services

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that five defendants have pleaded guilty in the past week to participating in a scheme to defraud Medicare and Medicaid through the operation of eight medical clinics and related health care providers in Brooklyn. The defendants pleading guilty are Dr. MUSTAK Y. VAID, medical supply company president MARINA BURMAN, clinic executives ASHER OLEG KATAEV, a/k/a “Oleg Kataev,” and ALLA TSIRLIN, and IVAN VOYCHAK, who helped run two of the fraudulent clinics and a related ambulette company. The defendants were charged with participating in a $30 million health care fraud scheme. As part of the scheme, the defendants or their co-conspirators paid cash kickbacks to elderly patients (the “Paid Patients”) insured by Medicare and/or Medicaid, and then billed Medicare and Medicaid for unnecessary medical services, tests, and supplies.

Acting U.S. Attorney Joon H. Kim said:  “These five defendants bilked Medicare and Medicaid out of millions of dollars for unjustified medications, procedures, and supplies. Medicare and Medicaid were established to assist the elderly and economically disadvantaged, not to serve as cash cows for corrupt professionals.”

Five additional defendants remain under indictment in the case, which is scheduled to go to trial before United States District Judge Lorna G. Schofield on April 23, 2018. Those remaining defendants are presumed innocent unless and until proven guilty.

As alleged in the Indictment and in court papers and proceedings in the case: Aleksandr Burman, an individual with no medical license, established eight medical clinics in Brooklyn (the “Related Clinics”), which operated between 2007 and 2013. For each clinic, Aleksandr Burman hired a doctor, one of whom was VAID, as the nominal owner of the clinic, since New York State law requires that such clinics be owned by a medical professional. In fact, however, VAID was hired by Aleksandr Burman simply to pose as the owner of one of the clinics, and to sign medical charts falsely stating that he had examined a number of Paid Patients, and to provide prescriptions and referrals for medically unnecessary supplies.

In pleading guilty, the five defendants have admitted to various specific roles in operating several of the clinics and two related businesses.

VAID, 44, a physician, pled guilty before Magistrate Judge Henry B. Pitman on November 8, 2017 to charges of falsely holding himself out as the owner of one medical clinic, and falsely signing medical documents stating that he had provided medical services that he had not.

BURMAN, 54, is a resident of Manhattan whose former husband, Aleksandr Burman, previously pleaded guilty in a related indictment and was sentenced in May 2017 to 10 years in prison.  BURMAN pled guilty before Judge Schofield on November 14, 2017 to charges that, as the registered president and owner of Universal Supply Depot, she fraudulently billed Medicaid more than $3 million for medical equipment, particularly including large amounts of adult diapers, that were in fact not dispensed. BURMAN was also charged with arranging for Paid Patients to exchange their diaper prescriptions for valuable merchandise, such as bed linens, tablecloths, dishes, kitchen appliances, and other housewares.

KATAEV, 49, and TSIRLIN, 47, who are siblings, pled guilty to charges of helping operate two of the fraudulent clinics, where they participated in bribing patients and causing fraudulent bills to be submitted to Medicare and Medicaid. KATAEV pled guilty before Magistrate Judge Barbara C. Moses on November 6, 2017. TSIRLIN pled guilty before Judge Pitman on November 9, 2017.

VOYCHAK, 37, pled guilty before Magistrate Judge Kevin Nathaniel Fox on November 13, 2017 to charges that he helped operate a medical ambulette company that fraudulently billed Medicaid for transportation services that were not medically necessary, and participated a scheme to pay kickbacks to patients at the fraudulent medical clinics.

Each of the defendants pled guilty to Counts One and Two of the indictment. Count One charges the defendants with conspiring to commit health care fraud, mail fraud, and wire fraud; while Count Two charges each defendant with health care fraud. Count One carries a maximum sentence of 20 years in prison, while Count Two carries a maximum penalty of 10 years in prison.

The statutory maximum sentence is prescribed by Congress and provided here for informational purposes only, as the appropriate sentences will be determined by the Judge.

Mr. Kim praised the investigative work of the New York FBI’s Health Care Fraud Task Force and the New York State Office of the Medicaid Inspector General (“OMIG”).

A.G. Schneiderman Announces Indictment Against Pharmacy Owner, Pharmacist, And Three Pharmacies For Allegedly Defrauding Medicaid Of Over $3 Million

Pharmacy Owner Allegedly Stole Over $3 Million By Falsely Billing HIV Medications That Were Never Dispensed

   Attorney General Eric T. Schneiderman today announced the indictment of Hin T. Wong (“Wong”), 49, of Manhattan, Mery Gooden, 58, of the Bronx, and three pharmacies. The indictment charges Wong, the owner of three Manhattan pharmacies – New York Pharmacy Inc. (“NY Pharmacy”), NYC Pharmacy Inc. (“NYC Pharmacy”), and New York Healthfirst Pharmacy Inc. (“NY Healthfirst”) – for defrauding several government-funded healthcare programs, including Medicaid and Medicare, by falsely billing prescription refills and stealing over $3 million in reimbursement for medication they did not dispense. Wong was indicted for Grand Larceny in the First Degree, a class “B” felony, and other crimes. In addition, Mery Gooden, a pharmacist at NYC Pharmacy, was indicted for Grand Larceny in the Second Degree and other related crimes.

“Pharmacists’ most important duty must be to the welfare of their patients – not lining their own pockets,” said Attorney General Schneiderman. “The blatant theft and abuse of Medicaid is reprehensible and will not be tolerated by my office.”

Following up on a tip from Amida Care Inc., a Medicaid Managed Care Organization, the Attorney General’s Medicaid Fraud Control Unit (MFCU) conducted several undercover operations at NY Pharmacy, NYC Pharmacy, and NY Healthfirst Pharmacy. Wong, a licensed pharmacist, and Gooden, the supervising pharmacist of NYC Pharmacy, allegedly paid undercover agents posing as Medicaid patients cash for HIV prescriptions and for referring other Medicaid patients to bring their prescriptions to NY Pharmacy and/or NYC Pharmacy. 

The defendants thereafter allegedly submitted false claims for reimbursement to various insurers, including Medicaid, for prescription refills Wong nor her staff ever dispensed – a scheme known as “auto-refilling.” Wong, NY Pharmacy, NYC Pharmacy, and NY Healthfirst are charged with allegedly receiving over $60,000 for prescription refills dispensed just to undercover agents. 

Today’s indictment further alleges that Wong’s pharmacies did not purchase enough medication to support their substantial billings to Medicaid and other insurers. Between January 1, 2014 and August 1, 2017, Wong’s pharmacies billed Medicaid and other insurers over $11 million for medications they allegedly dispensed, but purchased only a fraction of the amount of drugs necessary to fill those prescriptions. Today’s indictment alleges that Wong and her pharmacies stole over $3 million as a result of obtaining reimbursement for medication they did not dispense.

Today’s indictment charged the two defendants and three pharmacies as follows:

• Hin T. Wong is charged with one count of Grand Larceny in the First Degree, a class B felony; four counts of Grand Larceny in the Second Degree, a class C Felony; two counts of Healthcare Fraud in the Second Degree, a class C felony; three counts of Scheme to Defraud in the First Degree, a class E felony; twelve counts of Offering a False Instrument for Filing in the First Degree, a class E felony; and one count Medical Assistance Provider; Prohibited Practices, a class E felony.

• Mery Gooden is charged with two counts of Grand Larceny in the Second Degree, a class C felony; one count of Grand Larceny in the Third Degree, a class D Felony; one count of Scheme to Defraud in the First Degree, a class E felony; and one count Medical Assistance Provider; Prohibited Practices, a class A misdemeanor.

• NY Pharmacy Inc. is charged with one count of Grand Larceny in the First Degree, a class B felony; four counts of Grand Larceny in the Second Degree, a class C Felony; two counts of Healthcare Fraud in the Second Degree, a class C felony; three counts of Scheme to Defraud in the First Degree, a class E felony; nine counts of Offering a False Instrument for Filing in the First Degree, a class E felony; and one count Medical Assistance Provider; Prohibited Practices, a class E felony. 

• NYC Pharmacy Inc. is charged with one count of Grand Larceny in the First Degree, a class B felony; three counts of Grand Larceny in the Second Degree, a class C felony; one count of Scheme to Defraud in the First Degree, a class E felony; three counts of Offering a False Instrument for Filing in the First Degree, a class E felony; and one count Medical Assistance Provider; Prohibited Practices, a class A misdemeanor. 

• New York Healthfirst Pharmacy Inc. is charged with two counts of Grand Larceny in the Second Degree, a class C Felony and one count of Scheme to Defraud in the First Degree, a class E felony. 

If convicted, Wong faces up to twenty-five years in state prison and Gooden faces up to fifteen years in state prison; each of Wong’s pharmacies can be ordered to pay a fine double what it gained from its criminal conduct, as well as restitution to those victimized by its conduct.

Hin T. Wong and NY Pharmacy Inc. were initially arrested on August 24, 2017 by MFCU investigators following the execution of a search warrant at NY Pharmacy. Today’s indictment supersedes an initial indictment and is the product of MFCU’s continuing investigation into defendants’ conduct.

On August 24, 2017, the Attorney General filed a civil asset forfeiture and recovery action against Wong, her three pharmacies, and another entity owned by Wong, KT Studio Inc. a/k/a Dove Cat Studio a/k/a C’est La Vie Studio, in New York County Supreme Court, seeking over $11 million in damages. As part of the civil action, the Attorney General also obtained a court order freezing the bank accounts held by the defendants to preserve money wrongfully obtained from Medicaid. The civil action is still pending.

The Attorney General thanks the New York State Office of the Medicaid Inspector General and the United States Department of Health and Human Services Office of the Inspector General (HHS-OIG) for their continued partnership and assistance in this investigation. The Attorney General also thanks Medicaid managed care companies Amida Care and Wellcare; pharmacy benefit managers CVS Caremark and Optum RX; and pharmaceutical wholesalers HD Smith and McKesson for their cooperation throughout the investigation.

The charges against the defendants are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

Bronx District Attorney Darcel Clark Announces Three Sentences in Three Separate Cases

BRONX WOMAN SENTENCED TO 40 YEARS TO LIFE IN PRISON FOR FATALLY STABBING PREGNANT WOMAN ON HER WEDDING DAY 

Defendant Slashed Victim’s Throat; Tried to Pass Baby As Her Own

  District Attorney Clark said the defendant, Ashleigh Wade, 24, of 4450 Monticello Avenue in Wakefield was sentenced today to 25 years to life for second-degree Murder and 15 years for second-degree Kidnapping, to run consecutively, by Bronx Supreme Court Justice Margaret Clancy. Wade was convicted by a jury on Oct. 5, 2017.

BRONX MAN SENTENCED TO 15 YEARS IN PRISON FOR SHOOTING NEIGHBOR WHO WAS DRIVING CAR 

Victim Shot In Head, Crashed, Suffered Severe Brain Injury

  District Attorney Clark said the defendant, Charles Malcolm, 23, of Beekman Avenue, was sentenced today to 15 years in prison followed by five years post-release supervision for Attempted Murder in the second-degree by Acting Bronx Supreme Court Justice Martin Marcus. The defendant pleaded guilty on November 1, 2017. 

WOMAN PLEADS GUILTY TO MANSLAUGHTER IN DEATH OF NEWBORN BABY GIRL; WILL GET 10 YEARS IN PRISON 

Defendant Dropped Infant from Apartment Window

  District Attorney Clark said the defendant, Jennifer Berry, 35, of 177 Gailmore Drive, Yonkers, pleaded guilty today before Bronx Supreme Court Justice Margaret Clancy to first degree Manslaughter. As part of the plea agreement, Berry will be sentenced on December 14, 2017, to ten years in prison followed by five years post-release supervision.