Latest Hebrew Home Proposal at CB 8 Land Use Committee Meeting Thursday Jan. 25th

  As you can see from the photo above the room was packed at Smith Hall for the Community Board 8 Land Use meeting on one subject the latest proposal by the Hebrew Home to build on its South Campus a Continuing Care Retirement Community. CB 8 Land Use Chair Charles Moerdler laid down the ground rules that no vote by the community board was going to take place, and that this was only an informational presentation by the Hebrew Home on its plans for the South Campus purchased in 2013. After the presentation CB 8 board members would be allowed to ask questions, and then time permitting members of the public would be able to.

  Mr. Dan Reingold CEO of the Hebrew Home/Riverwalk took the podium and started by saying the property to the south of the Hebrew Home campus was purchased in 2013 with an aim to give senior a three phased options as a Continuing Care Retirement Community. 

Phase One would be a place for seniors to retire while they were still in good health and able to do everyday things on their own normally.  

Phase Two would be an assisted living part of the campus where resident seniors who could no longer do everyday things on their own, but needed assistance to function normally. 

Phase Three would be a full skilled nursing part (as is presently the Hebrew Home) when resident seniors could no longer function on their own, and would get the fully assisted skilled nursing help they needed. The question is not the three options of senior living, but how they are to be placed and where on the recently purchased property zoned R1 for one family homes, and not apartment style building living. 

  When Mayor Bill de Blasio was first elected in 2013 (coincidentally), the mayor saw a need for more affordable housing, and affordable senior housing and care facilities. In March 2015 the organization Liveon NY came out with a proposal for 2,000 new senior housing units on current HUD 202 properties unused housing areas such as parking lots. Thirty-nine sites in the five boroughs were highlighted with three sites in the Bronx. One site was the Schervier Home where detailed photos of where property line were, and where to place another building on the parking lot and adjacent areas. These proposed new buildings however had zoning covenants not allowing for additional buildings. 

 In the March 2016 ZQA/MIH passed by the City Council and signed by the mayor there is mention of Long Term Care Facilities. LTCf's are 'As of Right' in all areas zoned R3-2 or above, and not in R1 or R2 zoned areas. They are permitted in R1 and R2 zones with the City Planning Commission approval of a special permit called ZR 74-901. This also does not subject the building(s) to minimum unit size or density factor calculations. Another way for a LTCF is to get a BSA Special Permit ZR 73-623 for non profit institutes with sleeping accommodations. However these special permits are for 'Affordable Housing' for seniors which many say that the Hebrew Home project is anything but Affordable Housing. The entrance fee as described by Mr. Reingold would begin at four-hundred thousand dollars, and go as high as one million dollars according to the size and area of the unit. The monthly maintenance fee would be approximately four to five thousand dollars, to which there were shouts from the audience that it was no where near affordable. 

  In the power point presentation there were three photos taken from drones at levels of the third floor, tenth floor, and twentieth floors by Skyview Mr. Reingold said. He added that worries of Skyview residents that their views would be blocked by the new CCRC are not founded. When it came to the public speakers three Skyview residents rebutted Mr. Reingold's comment that their view would not be obstructed, with one offering him to come to their apartment in Skyview to see, which he turned down. Mr. Reingold then spoke about the height of the over twenty story buildings which make up the Skyview complex. 

  The meeting came to a close with Chair Moerdler saying there would be a time frame of sixty days after the plans are submitted to the city for review for the community board to give a response. That there would be two meeting of the committee before a vote would be taken, and that the current chair of the board wrote the rules (while working at the CPC) for the Special Nature Area in which the Hebrew Home is located. He then adjourned the meeting. 

  The zoning regulations and special permit information comes from the seventy-four page 'CIty Planning Commission report 'Housing New York, Zoning for Quality and Affordability Overview'.

5 Members Of Washington Heights Drug Crew Charged With Distribution Of Cocaine, Heroin, And Fentanyl

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent-in-Charge of the New York Division of the Drug Enforcement Administration (“DEA”), James P. O’Neill, Police Commissioner of the City of New York (“NYPD”), and George P. Beach II, the Superintendent of the New York State Police (“NYSP”), announced today the unsealing of an Indictment charging AMIN HERNANDEZ, a/k/a “Face,” MIGUEL GIL, JORALBI LORA, a/k/a “K,” ISMAEL GARCIA, a/k/a “Swiss,” and FRANCISCO TIBULCIOMERINO, a/k/a “Cousin,” with conspiring to distribute crack cocaine, powder cocaine, heroin, fentanyl, and acetyl fentanyl in Washington Heights.  HERNANDEZ, LORA, and TIBULCIOMERINO were arrested last night, and will be presented today before United States Magistrate Judge Andrew J. Peck.  GIL and GARCIA are already in state custody and will be transferred to federal custody shortly.  The case has been assigned to U.S. District Judge Loretta A. Preska.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, this drug crew was responsible for distributing highly addictive drugs, including fentanyl, an extremely lethal drug 50 to 100 times more potent than morphine.  These arrests are part of our continued commitment to stem the opioid epidemic that is plaguing our nation and our City.  We thank our partners in the NYPD and DEA for their outstanding work in this investigation.”

DEA Special Agent-In-Charge James J. Hunt said: “As drug overdose rates rise throughout the country, this drug crew allegedly pushed a toxic medley of drugs onto our streets.  We will continue to investigate traffickers at all levels in an effort to stop the number of overdoses and drug-related fatalities.”

Commissioner James P. O’Neill said:  “This group was allegedly involved in the business of bringing potentially deadly drugs to the streets of Washington Heights.  But now they have learned that our Drug Enforcement Task Force is in the business of bringing them to the halls of justice.”

As alleged in the Indictment unsealed today[1]

 AMIN HERNANDEZ, a/k/a “Face,” MIGUEL GIL, JORALBI LORA, a/k/a “K,” ISMAEL GARCIA, a/k/a “Swiss,” and FRANCISCO TIBULCIOMERINO, a/k/a “Cousin,” conspired to distribute 280 grams and more of cocaine base, or “crack,” 500 grams and more of powder cocaine, heroin, fentanyl, and acetyl fentanyl.  Each defendant faces a mandatory minimum sentence of ten years in prison, and a maximum sentence of life in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge. 

Mr. Berman praised the outstanding work of the DEA, the NYPD, and the State Police.  This case was done by NYPD and DEA’s REDRUM group in the New York Drug Enforcement Task Force.  The Task Force comprises agents and officers of the DEA, New York City Police Department, and New York State Police. 

This case is being handled by the Office’s Violent and Organized Crime Unit.  Assistant United States Attorney Rachel Maimin is in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.    

 [1] As the introductory phase signifies, the entirety of the text of the Indictment, and the descriptions of the Indictment set forth below, constitute only allegations, and every fact described should be treated as an allegation. 

Bronx Man Charged With Armed Bank Robbery

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City of New York (“NYPD”), announced today the arrest of DAVID MICHAEL HYLTON in connection with a robbery of a bank in the Bronx, during which thousands of dollars were stolen.  HYLTON was arrested yesterday, and presented today in Manhattan federal court before the Honorable Andrew J. Peck.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, David Michael Hylton robbed a Bronx bank during business hours yesterday, wielding what appeared to be a shotgun.  Thanks to the FBI and the NYPD, shortly after Hylton got $7,000, the Violent Crimes Task Force got Hylton.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, Hylton thought he could make a quick getaway after robbing a Bronx bank yesterday, making off with more than $7,000 in cold hard cash.  But thanks to members of the Joint Violent Crimes Task Force, he was caught red-handed and no longer remains a threat.  The FBI and our partners will continue to aggressively investigate bank robbery cases to minimize the threat these alleged criminals pose to our community.”

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

On January 25, 2018, at approximately 10:00 a.m., HYLTON entered a bank in the Bronx, gained access to the secure teller area, and approached a bank teller.  HYLTON brandished what appeared to be a shotgun and demanded that the teller give him the money the teller was holding.  HYLTON took from the teller over $7,000 in United States currency.  HYLTON then fled and was later apprehended and arrested. 

HYLTON, 33, of the Bronx, New York, is charged with one count of bank robbery, 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.

Mr. Berman praised the outstanding investigative work of the FBI-NYPD Joint Violent Crimes Task Force.

The charge contained in the Complaint is merely an accusation, 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.

Nigerian Man Extradited From South Africa For Participating In Business Email Compromise Scams

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that ONYEKACHI EMMANUEL OPARA was extradited from South Africa.  In December 2016, OPARA was arrested in South Africa on the basis of a provisional arrest warrant for participating in fraudulent business email compromise scams that targeted thousands of victims around the world, including the United States.  Collectively, the scams attempted to defraud millions of dollars from victims.  OPARA arrived in the Southern District of New York this morning, and will be presented today in Manhattan federal court before U.S. Magistrate Judge Andrew J. Peck.  Co-defendant David Chukwuneke Adindu was previously sentenced to 41 months in prison for participating in the business email compromise scams.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Onyekachi Opara attempted to dupe thousands of victims into transferring money to him and his co-defendant in a phony email scheme.  Today’s extradition shows that defendants who allegedly target American victims from a distance are nonetheless subject to the reach of American justice.”

           

FBI Assistant Director William F. Sweeney Jr. said:   “Technology changes daily, so do the tactics used by scammers to prey on unsuspecting victims.  This case and others we are aggressively investigating every day prove, regardless of these criminals efforts to disguise their illegal activity, we won’t stop pursuing them.  FBI New York Cyber Crime agents and our law enforcement partners will search out suspects in these cases, even reaching internationally, to stop the next victims from losing their money.”

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

Between 2014 and 2016, OPARA and Adindu participated in Business Email Compromise scams (“BEC scams”) targeting thousands of victims around the world, including in the United States.  As part of the BEC scams, emails were sent to employees of various companies directing that funds be transferred to specified bank accounts.  The emails purported to be from supervisors at those companies or third party vendors that did business with those companies.  The emails, however, were not legitimate.  Rather, they were either from email accounts with a domain name that was very similar to a legitimate domain name, or the metadata in the emails had been modified so that the emails appeared as if they were from legitimate email addresses.  After victims complied with the fraudulent wiring instructions, the transferred funds were quickly withdrawn or moved into different bank accounts.  In total, the BEC scams attempted to defraud millions of dollars from victims.

OPARA, 29, of Lagos, Nigeria, is charged in an Indictment with one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  The case is assigned to U.S. District Judge Paul A. Crotty.

Mr. Berman praised the investigative work of the FBI.  Mr. Berman also thanked Oath’s E-Crime Investigations Team, the National Prosecuting Authority for South Africa, the South African Police Service, the United States Marshals Service, and the Department of Justice’s Office of International Affairs, and noted that the investigation is continuing.

The charges contained in the Indictment 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 Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.

A.G. Schneiderman Announces Jail Time For Brooklyn Real Estate Developer Daniel Melamed

Melamed Ordered to Serve 20 Days in Jail Ahead of Feb. 14^th Sentencing

In November, Melamed Pleaded Guilty To 13-Count Indictment Related to Shell Corporations, Forged Letters that Defrauded HUD and Financial Institutions

Melamed Previously Found Guilty Of Unlawful Eviction of Rent Stabilized Tenants Following a Separate Prosecution by A.G. Schneiderman

   Attorney General Eric T. Schneiderman announced that Brooklyn real estate developer Daniel Melamed, who pleaded guilty in November 2017 to a 13-count indictment admitting that he committed multiple fraudulent real estate schemes, was jailed today by State Supreme Court Justice Danny Chun. Melamed was ordered to serve 20 days in jail, pending sentencing on this case and a June 2017 conviction for three counts of Unlawful Eviction. Sentencing has been scheduled for February 14, 2018.

“Daniel Melamed swindled taxpayers and harassed tenants in order to line his own pockets. Now he’s in jail,” said Attorney General Schneiderman. “My office will use every tool we have to bring bad landlords to justice.”

In November, Melamed pleaded guilty to a 13-count indictment, including Residential Mortgage Fraud in the Second Degree and two counts of Grand Larceny in the Second Degree, class C felonies; as well as four counts of Forgery in the Second Degree, four counts of Criminal Possession of a Forged Instrument in the Second Degree, and two counts of Attempted Grand Larceny in the Second Degree, all class D felonies. Melamed admitted under oath to engaging in various real estate schemes that defrauded banks and the United States Department of Housing and Urban Development (“HUD”) by creating shell corporations and forged letters to illegally purchase and/or sell multiple Brooklyn properties between 2011 and 2014. His guilty plea followed charges brought by Attorney General Schneiderman in November 2016.

Melamed was previously found guilty in June 2017 of three counts of Unlawful Eviction of rent-stabilized tenants following a bench trial before Justice Chun. The June 2015 arrest of Melamed in that case was the first resulting from the Tenant Harassment Prevention Task Force.

A.G. Schneiderman Sues Tropical Breeze Car Wash For Allegedly Cheating Over 150 Minimum Wage Employees Out Of More Than $540,000 In Wages And Benefits

Attorney General Schneiderman Seeks Restitution, Damages, and Penalties Totaling $1.6 Million  

Lawsuit Marks Latest Case in Attorney General’s Ongoing Effort to Combat Wage Theft in Car Wash Industry – Winning Back More Than $2.5 Million in Stolen Wages for Over 1,000 Car Wash Workers Across NY  

Overall, AG Schneiderman Has Won Back Over $30 Million in Stolen Wages for More Than 21,000 NY Workers

  Attorney General Eric T. Schneiderman today announced a lawsuit against Brooklyn-based Tropical Breeze Car Wash for allegedly cheating over 150 minimum wage car wash workers out of more than $540,000 in wages and benefits. The Attorney General is seeking nearly $1.6 million in restitution, damages, and penalties.

The lawsuit was filed today in New York Supreme Court, Kings County against U.S. Auto Wash, L.L.C. d/b/a Tropical Breeze Car Wash (“Tropical Breeze”); its owner, Benno Gmuer; and its managers, Philip Gmuer and Gregory Gmuer. As the Attorney General’s complaint alleges, the company cheated over 150 car wash workers out of over $500,000 in wages and over $30,000 in benefits, and failed to pay its fair share of unemployment insurance and workers’ compensation contributions.

“Every worker deserves an honest day’s pay for an honest day’s work,” said Attorney General Schneiderman. “Yet we allege that Tropical Breeze Car Wash shamefully stiffed workers at every turn. We’re taking them to court and seeking to recover every penny of unpaid wages for these workers, plus damages and penalties for the company’s egregious conduct. Unscrupulous employers should hear our message loud and clear: if you exploit workers, we will see you in court – and make sure that you pay every worker every dollar they’re owed.”

“We are here today because of the abuses and the lack of respect that we experience. We have come together to stop this abuse not just in this car wash but in car washes across New York, and I thank Attorney General Schneiderman for bringing this important case,” said Gerardo Gomez, a worker at Tropical Breeze Car Wash.

This lawsuit is the latest case in the Attorney General’s ongoing effort to clean up the car wash industry in New York. To date, Attorney General Schneiderman has recovered more than $2.5 million for more than 1,000 workers at 26 separate car wash locations in New York. In total, Attorney General Schneiderman has won back more than $30 million in stolen wages for over 21,000 workers across New York since 2011.

An investigation conducted by the Attorney General’s office revealed that at least as early as January 1, 2012 and through at least January 1, 2018, Tropical Breeze allegedly routinely underpaid employees for hours they worked, including overtime hours, time spent waiting on-site for the car wash to open, and time deliberately cut from employees’ time cards. As alleged in the complaint, Tropical Breeze did not pay employees for an additional hour at minimum wage when the employees’ workdays exceeded 10 hours, in accordance with the spread-of-hours requirement. Tropical Breeze also allegedly failed to pay employees for at least four hours of work when employees reported to work but were sent home early, known as “call-in pay.” Additionally, Tropical Breeze denied workers reimbursement for mandatory uniforms and failed to provide employees with earned sick leave.

In addition to underpaying workers, the Attorney General’s lawsuit alleges that Tropical Breeze maintained misleading and deficient employee records, illegally managing two separate payroll systems: one for “on-the-books” employees, who constituted only about a third of the workforce, and another for “off-the-books” employees, who made up the majority of the staff. Tropical Breeze never provided information to any of its workers about their rate of pay, known as wage notices, and never provided information to its off-the-books employees about their weekly wages and relevant deductions, known as payment statements.

Finally, Tropical Breeze allegedly repeatedly filed documents with New York State that underreported its employee count and payroll expenditures in order to avoid paying full unemployment insurance contributions and workers’ compensation premiums. The Attorney General’s office is requesting the court to order Tropical Breeze to pay any outstanding fees and penalties after submitting corrected information to the State. 

In total, the Attorney General’s office is seeking nearly $1.6 million in restitution, damages, and penalties, including six years of unpaid wages and benefits totaling $542,684 for approximately 150 employees; liquidated damages totaling $542,684 under the Labor Law; and over $475,000 in penalties for Tropical Breeze’s failure to distribute wage notices and payment statements as required by law. 

During most of the period covered by the Attorney General’s investigation, the applicable minimum wage was between $8.00 and $9.00 per hour. New York’s minimum wage is currently $11.00 per hour in New York City. Overtime laws require employers to pay covered employees one and one half times an employee’s regular rate for hours worked beyond 40 hours in a given week.

The Attorney General’s Office is committed to protecting workers’ legal rights. To file a complaint, please contact the Office’s Labor Bureau at 212-416-8700 or visit www.ag.ny.gov/labor/complaint-form.

Narcotics Dealer Sentenced To 21 Years In Prison For Sale Of Heroin And Fentanyl That Resulted In Manhattan Man’s Overdose Death

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that DASHAWN HAWKINS, a/k/a “Jhonny Cash,” of New York, New York, was sentenced yesterday to 21 years in prison by United States District Judge Gregory H. Woods for selling heroin and fentanyl that resulted in the overdose death of Colin Cameron, age 29, of New York, New York, on September 2, 2016. 

Manhattan U.S. Attorney Geoffrey S. Berman stated:  “Dashawn Hawkins sold the lethal dose of fentanyl-laced heroin that cut short Colin Cameron’s life.  Now Hawkins has received the lengthy sentence warranted by his serious crime and its grim consequences.”

According to documents filed in this case and statements made in related court proceedings:

On or about September 1, 2016, DASHAWN HAWKINS, a/k/a “Jhonny Cash,” sold a mixture of heroin and fentanyl to Colin Cameron.  The next morning, New York City Police Department (“NYPD”) officers responded to Cameron’s apartment on the Upper West Side, where they found Cameron dead from a drug overdose.  In the month leading up to Cameron’s death, HAWKINS had sold heroin to Cameron nearly a dozen times, and had previously sold heroin to Cameron on a daily basis for almost two years before Cameron was able to maintain sobriety for several months.  In early August 2016, however, HAWKINS contacted Cameron out of the blue in order to start selling him heroin again.  Cameron told HAWKINS that he was unsure about buying heroin because he was on a medicine designed to block the effects of opioids.  This medicine is commonly prescribed for people going through recovery.  Despite this knowledge, HAWKINS sold heroin to Cameron throughout the month of August until Cameron’s eventual death.

After identifying HAWKINS as the dealer who sold Cameron the fatal dose of fentanyl-laced heroin, the NYPD arrested HAWKINS on October 20, 2016, and searched his apartment.  During the search, officers found, among other things, additional bags of heroin and substances used to cut heroin, fentanyl packaging, over $14,000 in cash, and a short-barreled rifle with a high-capacity magazine loaded with 34 rounds of ammunition.

Mr. Berman praised the outstanding investigative work of the New York City Police Department.