Manhattan U.S. Attorney Announces Charges Against 5 Doctors And 2 Other Medical Professionals For Illegally Distributing Oxycodone

Coordinated Arrests Made in 6 Cases Aimed at Cutting Off the Supply of Diverted Opioids

  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 Field Office of the Drug Enforcement Administration (“DEA”), James D. Robnett, the Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), Scott Lampert, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (“HHS-OIG”), James P. O'Neill, Commissioner of the New York City Police Department (“NYPD”), and Mark G. Peters, Commissioner of the New York City Department of Investigations (“DOI”), announced today the unsealing five Indictments and a criminal Complaint in Manhattan federal court charging a total of 10 defendants with illegally distributing oxycodone.

U.S. Attorney Geoffrey S. Berman said:  “These doctors and other health professionals should have been the first line of defense against opioid abuse, but as alleged in today’s charges, instead of caring for their patients, they were drug dealers in white coats.  They hid behind their medical licenses to sell addictive, dangerous narcotics.  This Office will do everything in its power to bring to justice anyone responsible for fueling the opioid epidemic that has taken so many lives.”    

DEA Special Agent-in-Charge James J. Hunt said:  “From drug cartels to street distributors, law enforcement is targeting all levels of drug traffickers amidst the worst drug crisis in American history.   The worst villains in the fight against drug abuse are doctors whose criminal actions fuel addiction and overdoses.  As a result of separate investigations from three DEA offices, five doctors, a pharmacist, a nurse practitioner and three associates have been arrested for their role in distributing millions of unnecessary oxycodone pills, allegedly. SAC Hunt commends the men and women from DEA’s Tactical Diversion Squads, our law enforcement partners and Southern District of New York for their commitment and hard work.” 

IRS-CI Special Agent-in-Charge James D. Robnett said:  “Medical professionals and others callously placed individuals in harm’s way simply because of greed. It takes a special kind of person to prey on the sick and vulnerable. The special agents of IRS Criminal Investigation will continue their mission to disrupt the flow of ill-gotten gains from these criminals.” 

HHS-OIG Special Agent-in-Charge Scott Lampert said:  “These individuals allegedly engaged in a greed-fueled scheme that put lives at risk and callously contributed to the opioid epidemic that continues to plague our society.  These charges should serve as a warning to medical professionals that act like drug dealers and profit off of the vulnerable individuals they should be helping.  Along with our law enforcement partners we are committed to ending the illegal distribution of opioids in this country and protecting the public’s health and welfare.”

NYPD Commissioner James P. O’Neill said:  “Our entire country is suffering through an opioid abuse crisis, and we need to do everything we can to save as many lives as possible.  We need to help people from falling into a black hole of addiction and fatal overdoses.  We have to push New York City and our nation to thrive, and to turn this epidemic around.  A good step in that direction is to investigate and put away the criminals who have so clearly betrayed their professional oaths – who have put illegal profits above their own integrity, and above the well-being of their fellow man.  I commend each of our law enforcement partners on the Drug Enforcement Task Force, and all the New Yorkers who alert the police when they suspect criminality.  This is how each of us – cops, prosecutors, and all the people we serve – are sharing the responsibility for public safety.  And this is how we are making our way forward.”    

DOI Commissioner Mark G. Peters said: “These joint investigations demonstrate the scourge that opioid abuse has on our community and the emphatic response from law enforcement: Any individual who seeks to promote prescription fraud and drug abuse will be exposed, arrested and prosecuted. DOI stands firmly with its federal partners on this serious issue and we will continue to work together to stop this crime and save lives.”

According to the allegations in the five Indictments and one Complaint unsealed today: [[1]]

DANTE A. CUBANGBANG, JOHN F. GARGAN, MICHAEL KELLERMAN, and LOREN PIQUANT, who together operated a medical clinic in Queens, were arrested yesterday evening and will be presented in Manhattan federal court today.   According to the allegations in the Indictment unsealed today, CUBANGBANG, a physician, and GARGAN, a nurse practitioner, prescribed over 6 million oxycodone pills to individuals they knew did not need the medication for any legitimate medical reason.  CUBANGBANG and GARGAN prescribed more than twice as many oxycodone pills that were paid for by Medicare and Medicaid than the next highest prescriber in New York.  CUBANGBANG and GARGAN doled out these prescriptions during office visits that lasted no more than a few minutes and involved little to no physical examination.  Together with KELLERMAN and PIQUANT, who worked in the clinic and recruited patients, the defendants collected more than $5 million in all-cash office visit fees, which they laundered and divided amongst themselves. 

CARL ANDERSON, a Staten Island physician, and ARTHUR GRANDE were arrested yesterday evening and will be presented in Manhattan federal court today.  According to the allegations in the Indictment unsealed today, ANDERSON prescribed nearly a million oxycodone pills to patients he knew had no legitimate medical need for the medication, including GRANDE, who sold the pills on the streets of New York.  ANDERSON often saw his patients, some of whom displayed visible signs of drug addiction, without appointments and with little notice, in the middle of the night, and required that they pay hundreds of dollars in cash for each prescription.  Noisy crowds of pill-seeking patients often gathered outside of ANDERSON’s office and in his waiting room, prompting occasional 911 calls from neighbors.  Even after some of ANDERSON’s patients died of drug overdoses, he did not alter his prescribing practices. 

ANTHONY PIETROPINTO, a psychiatrist residing in Manhattan, was arrested this morning and will be presented today before Magistrate Judge James L. Cott.  According to the allegations in the Complaint unsealed today in Manhattan federal court, PIETROPINTO wrote thousands of medically unnecessary oxycodone prescriptions in exchange for $50 to $100 in cash per visit.  PIETROPINTO wrote these prescriptions to drug-addicted individuals, including one patient who overdosed on drugs, and who had previously been prescribed by PIETROPINTO both oxycodone and naloxone, a medication used to block the effects of opioid overdoses, because PIETROPINTO was aware of, but disregarded, that patient’s addiction issues.  PIETROPINTO saw these patients in a rented office space after hours, and instructed his patients to not fill prescriptions at large chain pharmacies because pharmacists at those pharmacies would call and question PIETROPINTO about why he wrote prescriptions for large amounts of oxycodone. 

NKANGA NKANGA, a Staten Island physician, was arrested this morning and will be presented in Manhattan federal court today.  According to the allegations in the Indictment unsealed today, in exchange for cash payments, NKANGA wrote thousands of oxycodone prescriptions for patients, some of whom displayed visible signs of drug addiction, without conducting any physical examination, or even seeing them in an examination room.  NKANGA also wrote prescriptions in the names of patients who did not even visit his medical office.  On one occasion, for instance, NKANGA asked a patient, “how many people are you representing today,” and then wrote prescriptions in the names of people, even though three were not present.  NKANGA regularly prescribed over 100 oxycodone pills per patient per month until July 2018 when he reduced all patients’ monthly allotment, telling one patient he was “very worried” about scrutiny from law enforcement.    

NADEM J. SAYEGH, a physician with offices in the Bronx and Westchester, was arrested this morning and will be presented in Manhattan federal court today.  According to the allegations in the Indictment unsealed today, SAYEGH maintained a corrupt relationship with a co-conspirator, issuing oxycodone prescriptions in his name, variations of his name, his family members’ names, and the names of other individuals in exchange for thousands of dollars in cash, expensive dinners, high-end whisky, cruises, and all-expense-paid trips.  SAYEGH wrote some of these prescriptions, for which there was no legitimate medical purpose, for individuals who did not visit his medical office, including a patient who was overseas and another patient who was incarcerated.        

MARC KLEIN, a pharmacist in White Plains, was arrested this morning and will be presented in Manhattan federal court.  According to the allegations in the Indictment unsealed today, KLEIN filled oxycodone prescriptions that he knew were illegitimate, including prescriptions filled by a customer in multiple variations of his name and date of birth, and prescriptions filled in the names of individuals who never were present in the pharmacy.  KLEIN filled thousands of these oxycodone prescriptions, “fronted” controlled substances, and made false reports to New York State authorities, in exchange for cash payments and a vacation.   KLEIN admitted, in substance, that he and his employees could be called “licensed drug dealers” because “oxy pays the bills” at KLEIN’s pharmacy. 

CUBANGBANG, 50, of Franklin Square, New York, GARGAN, 62, of Manhattan, New York, KELLERMAN, 54, of Queens, New York, and PIQUANT, 37, of Bronx, New York, have been charged in an Indictment with one count of conspiracy to distribute controlled substances, which carries a maximum sentence of 20 years in prison.  CUBANGBANG, GARGAN, and KELLERMAN are also charged with one count of conspiracy to commit health care fraud, which carries a maximum sentence of 10 years in prison, and conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.

ANDERSON, 57, of Staten Island, New York, and GRANDE, 53, of Staten Island, New York, have been charged in an Indictment with one count of conspiracy to distribute controlled substances, which carries a maximum sentence of 20 years in prison. 

PIETROPINTO, 80, of Manhattan, New York, has been charged in a Complaint with one count of conspiracy to distribute controlled substances, which carries a maximum sentence of 20 years in prison, and two counts of distribution of controlled substances, each of which carries a maximum sentence of 20 years in prison.

NKANGA, 65, of Staten Island, New York, has been charged in an Indictment with one count of conspiracy to distribute controlled substances, which carries a maximum sentence of 20 years in prison, and four counts of distribution of controlled substances, each of which carries a maximum sentence of 20 years in prison.

SAYEGH, 64, of Yonkers, New York, has been charged in an Indictment with one count of conspiracy to distribute controlled substances, which carries a maximum sentence of 20 years in prison; one count of distribution of controlled substances, which carries a maximum sentence of 20 years in prison; one count of health care fraud, which carries a maximum sentence of 10 years in prison; making false statements, which carries a maximum sentence of five years in prison; and aggravated identity theft, which carries a two year mandatory minimum prison sentence to be served consecutive to any other term of imprisonment. 

KLEIN, 47, of White Plains, New York, has been charged in an Indictment with one count of conspiracy to distribute controlled substances, which carries a maximum sentence of 20 years in prison, and 14 counts of distribution of controlled substances, 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 defendants will be determined by their respective judges. 

Mr. Berman praised the investigative work of the DEA Tactical Diversion Squads in New York, Long Island and Newark as well as HHS, DOI and IRS.  DEA’s Tactical Diversion Squad, New York (Group TDS-NY) comprises agents and officers from the DEA, the NYPD, the New York State Police, New York State Department of Financial Services and New York City Department of Investigation.  DEA’s Long Island Tactical Diversion Squad (LIDO –TDS) comprises agents and officers of the DEA, Nassau County Police Department, Rockville Centre Police Department, Suffolk County Police Department, Port Washington Police Department and Internal Revenue Service.  Newark Tactical Diversion Squad (Newark-TDS) comprises agents and officers from the DEA, Elizabeth Police Department, Essex County Sheriff’s Office, Toms River Police Department, Clinton Police Department, West Orange Police Department, Pohatcong Police Department, Long Branch Police Department, and Marlboro Police Department.  Assistance was also provided by the Yonkers Police Department and Greenburgh Police Department.

Parts of this cases were conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state, and local law enforcement agencies.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.

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

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

2 Florida Men Plead Guilty To Multimillion-Dollar Credit Card Fraud Scheme

Defendants Used Companies to Cause More Than $7 Million in Unauthorized Charges to Thousands of Consumers

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JAMES BECKISH and JOSEPH ANTHONY DEMARIA pled guilty to one count of conspiracy to commit wire fraud in connection with a scheme to make unauthorized charges on credit cards through sham companies that purportedly offered nutraceutical products for sale over the internet.  BECKISH and DEMARIA pled guilty before United States District Judge Edgardo Ramos.

According to the Complaint, the Information to which BECKISH and DEMARIA pled guilty, and statements made during the proceedings today:

Between 2013 and 2017, BECKISH, DEMARIA and others, created and operated dozens of companies that purported to sell dietary supplements and similar products called “nutraceuticals” over the internet.  The websites of the defendants’ companies purported to sell products like dietary supplements but, in reality, were primarily used to repeatedly bill consumers who never ordered their products, or even if they did, almost never received them.  The defendants used these websites as a cover for unauthorized and recurring charges that were placed on thousands of credit card numbers that the defendants had purchased or obtained, or had acquired from consumers who had attempted to order the products in question.  For example, in one email, DEMARIA asked BECKISH: “Are we shipping these guys actual nutra products? Lol.”  To which BECKISH responded:  “Nope.” 

BECKISH, DEMARIA, and others created these different companies and websites, because they knew that credit card processors would stop doing business with them over time as consumers noticed the unauthorized charges and sought refunds.  These refunds, called “chargebacks” by credit card processors, are generally low for legitimate businesses but reached extremely high percentages for many of the companies associated with the defendants’ scheme.  In certain instances, the chargeback rates quickly approached or even exceeded 20 percent – that is, consumers were seeking refunds of more than 20 percent of the charges placed by certain of the defendants’ companies.  Credit card processors, in turn, paid millions of dollars in refunds for fraudulent charges associated with the defendants’ companies between 2013 and 2017 in attempts to refund affected consumers.

In total, BECKISH and DEMARIA both pled guilty to causing more than $7 million in loss during the duration of the scheme.  

 BECKISH, 32, of Miami, Florida, and DEMARIA, 33, of Miami, Florida, each plead guilty to one count of conspiracy, which carries a maximum sentence of five years in prison.  BECKISH and DEMARIA also agreed to pay restitution and to forfeit $7,231,878.  Sentencing for BECKISH is scheduled for January 16, 2019 at 12:30 p.m. before Judge Ramos. Sentencing for DEMARIA is scheduled for January 18, 2019 at 12:30 p.m. before Judge Ramos.

The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentence imposed on the defendants will be determined by the judge.

Mr. Berman praised the investigative work of the Secret Service. 

MAYOR DE BLASIO AND UFT REACH PRELIMINARY AGREEMENT ON 43-MONTH CONTRACT PROMOTING EQUITY & EXCELLENCE FOR ALL AGENDA

Bronx Plan will include additional pay for teachers in 180 high-needs schools and Collaborative Schools Model of decision-making

  Mayor de Blasio and United Federation of Teachers President Michael Mulgrew announced that the City of New York and the UFT have reached a preliminary contract agreement for over 129,000 City workers – approximately 36 percent of the City’s workforce. This agreement is pattern compliant for the 2017-2021 round of bargaining. Once ratified, 60 percent of the City’s workforce will be under a contract agreement.

The 43-month agreement includes the new Bronx Plan. The plan, which will include schools citywide, is named for the challenges our Bronx schools faced and is designed to address their specific needs and the needs of schools facing similar difficulties. For the next three schools years, this comprehensive set of interventions will drive improvement at 180 historically underserved schools. The Bronx Plan will encourage staff to come, stay and invest in these schools and students with a hard-to-staff pay differential for certain critical positions. Of the 180 schools, 120 schools will participate in the Collaborative School Model granting them additional resources for data-driven, collaborative decision-making processes.

The agreement also strengthens teacher development including by expanding nationally recognized teacher leader roles and changing requirements for in-service teachers earning credits after a Master’s degree; launches a remote teaching pilot program; and continues salary increases for UFT-represented staff, including teachers, guidance counselors, social workers, paraprofessionals, and school psychologists.

“With this agreement, 1.1 million New York City students will get the school system they deserve, and more than 129,000 educators will get the salary, resources and support they need to continue molding our future leaders,” said Mayor Bill de Blasio. “I’m proud that this agreement includes the new Bronx Plan, a new program that will help us retain strong teachers in schools with historically high rates of attrition. It’s another way we’re lifting up our students and laying the groundwork to make New York City the fairest big city in America.”

“A major feature of this agreement is the way it empowers teachers to help improve their schools by giving them a seat at the table where important decisions about resources and strategy are made. This contract, and in particular the Bronx plan, takes some radical steps by putting key decision-making powers in the schools. It creates a unique labor/management environment and gives us the opportunity to introduce real change,” said UFT President Michael Mulgrew. “While the old governance structure would never have let us get to this point, mayoral control was key to the creation of universal pre-k, and has helped us make progress in city schools. Given the importance of the issues and the long-term initiatives that are part of this contract, the UFT is calling for the continuation of mayoral control as the governance structure for New York City public schools.”

“Supporting great teachers means supporting great results for our students and families, and this agreement is truly an investment in New York City’s 1.1 million students and families,” saidSchools Chancellor Richard A. Carranza. “I am particularly excited about our Bronx Plan, which will advance equity by bringing resources and support into some of our most historically underserved schools. I thank Mayor de Blasio and President Mulgrew for their partnership and collaboration as we move closer to Equity & Excellence for All.”

“This agreement proves that we can balance the needs of our students and teachers in a way that is also fair to New York City taxpayers. By maintaining a respectful dynamic between the City and its workers, we are bringing innovative reforms to schools that have historically been underserved, and, when ratified, bringing a majority of the workforce under a contract agreement for the second time under this administration. I want to thank Mayor de Blasio and UFT President Michael Mulgrew for their continued partnership and for always putting the needs of the kids first,” said Robert Linn, Commissioner of the Mayor’s Office of Labor Relations.

The Bronx Plan

The Bronx Plan will help retain teachers in schools that have historically had very high rates of teacher attrition – leading to great investment in the schools and students – and give teachers and school communities’ greater voice in decision-making.

The plan includes:

Additional Pay for Hard-to-staff positions: The Chancellor will be able to designate up to 180 schools to receive a “Hard-to-Staff Differential” to attract and retain good teachers, guidance counselors and other hard-to-staff positions. UFT members will be eligible for an additional $5,000-$8,000 in salary per year.

The schools will be selected this fall. Schools in the Bronx and other boroughs with high teacher attrition will be a focus of this program.

Collaborative Schools: Of the 180 schools, 120 schools, with the greatest focus in the Bronx, will also participate in the Collaborative Schools Model. The schools will begin their collaborative planning processes this fall. The program will:

Give teachers and community members a substantial voice in a school’s decision-making process;

Provide data coaching to assess needs and drive long-term planning;

Bring Equity and Excellence programming to these schools on an accelerated track;

And provide a $25,000 Innovation Fund to each of the 120 schools annually to be allocated by school committee members.

Stronger Schools Citywide

The agreement includes additional innovations to better serve students and families, and drive improvement across the system. The reforms are focused on recruitment, development, and retention of teachers across the City, including:

New teacher leadership positions: Starting in September 2019, the City will offer two new teacher leadership roles, Teacher Development Facilitator and Teacher Team Leader. Teacher Development Facilitators will take on additional responsibility supporting student teachers in their schools and preparing them to be successful from Day 1 in a full-time position. Teacher Team Leaders will work outside the classroom, developing Master Teachers, Model Teachers, and Teacher Development Facilitators across the City. Teacher Development Facilitators will be eligible for an additional $3,000 in salary per semester, and Teacher Team Leaders will be eligible for an additional $14,000 in salary per year.

The new teacher leadership roles build on the creation of three roles under the last UFT contract: Master Teachers, Model Teachers, and Peer Collaborative Teachers. There are approximately 1,500 teacher leaders across the City, and these investments in teacher leadership were recognized when New York was recognized as a Great District for Great Teachers in 2017.

Strengthening teacher advanced learning requirements: Starting in September 2019 for teachers with three or fewer years of experience, teachers applying for a salary increase (“differential”) for advanced learning beyond a Master’s Degree will have the opportunity to focus on high-quality, relevant coursework aligned to the school system’s needs. Approved courses, known as A+ courses, may include culturally responsive education, best practices in math or science, bilingual or special education, or computer science.

Remote teaching pilot: Starting in Spring 2019, 15 Bronx high schools will participate in a 3-year, remote-teacher pilot program. The video-conferencing courses will be led remotely by teachers, with the support of teacher assistants in the classroom. The pilot will expand access to AP courses, advanced foreign language courses required for an Advanced Regents Diploma, and elective courses, allowing schools to expand course offerings.

Teacher evaluation observations: Starting in September 2019, we are revising teacher observations in our teacher evaluation system -- more closely tying the number of evaluations teachers receive to their experience and effectiveness. Tenured teachers previously rated Developing and Ineffective will be observed more frequently than teachers rated Effective and Highly Effective; probationary teachers will be observed more frequently than tenured teachers. Observations will be completed in cycles throughout the year to ensure more valuable feedback and development opportunities for teachers.

Pre-screening: As part of the contract, the DOE is working to develop a pre-service suitability screen, which will determine prospective teachers' suitability to teach in addition to the rigorous background check and qualification processes they currently undergo. The screen is currently under development.

Healthcare Savings

Continuing to build off the health care savings reached during the first four years, this agreement incorporates the second health savings agreement with the Municipal Labor Committee reached in June of this year. The agreement will provide total health care savings of $1.1 billion through Fiscal Year 2022 and $1.9 billion of annual savings.

The total cost of the tentative UFT agreement through fiscal year 2022 is $2.1 billion, which is offset by substantial healthcare savings and funding already in the City’s Labor Reserve, for a new net budget impact of $572 million.

Fair Wages

The agreement respects workers with a fair deal and provides pathways for teachers to help their colleagues while earning additional pay.

UFT employees will receive the following compounded wage increases:

February 14, 2019       2.00 percent

May 14, 2020              2.50 percent

May 14, 2021              3.00 percent

Once ratified, this will be the third major labor agreement with the UFT struck by the de Blasio Administration. The first was struck in 2014, after the UFT had gone without a contract for five years.

The proposed 3-year, 7-month contract would begin on 2/14/19 and expire on 9/13/22. Terms of the agreement must be approved by the union’s full in-service membership.

EDITOR'S NOTE:

It looks like the new chancellor has answered my question to him almost two months ago about the lagging performance levels of Bronx public school children when compared to the rest of the city's public schools. 

However I remember a plan like this many years ago to help schools that became Schools Under Registration Review by the city. That was called the Chancellor's district which encompassed schools throughout New York City. It appears that schools in this Chancellor's District in the other four boroughs did well enough to disband said district. It left however struggling Bronx public schools. 

It is heartening as a former parent leader who gave advice to past chancellor's, that the current schools Chancellor Richard Carranza appears to have heard what I have said to him on a recent visit he had to a Parkchester charter school. Let's hope though that this Bronx Plan is not another way in which the United Federation of Teachers is trying to look out for their members and not the children.

Congressman Engel: Next Year's Social Security COLA Increase Will be 2.8%, But W

  Congressman Eliot Engel, a founding Member of the Expand Social Security Caucus, said next year’s announced Social Security Cost of Living Adjustment (COLA) of 2.8% for seniors was a welcome improvement over recent increases, but that we could do better.

“This country has a solemn duty to protect its seniors, and the best way to do that continues to be through Social Security,” Engel said. “Annual COLA increases have varied from ‘paltry’ to ‘barely adequate’ in recent years, and though the 2019 increase is a welcome improvement, it still isn’t enough. That’s why I have introduced the ‘Guaranteed 3% COLA for Seniors Act,’ which would ensure our seniors get the support they need.

“Current COLA increases are based on an outdated formula that doesn’t adequately account for the expenses the average senior incurs, like medication costs. My bill would do two things: update the formula the government uses to one that better reflects the costs seniors typically face, and set a floor of 3% to ensure that every senior citizen receives at least a 3% COLA each year. At a time when Republicans in Congress are doing everything they can to cut safety net programs for seniors, I am doing everything I can to protect and expand them.”

MAYOR ANNOUNCES UP TO 475,000 IMMIGRANT NEW YORKERS COULD BE HARMED BY TRUMP’S “PUBLIC CHARGE” PROPOSAL

Proposal could also result in at least $420 million in economic losses to the City every year

  Mayor de Blasio today announced the results of a preliminary analysis showing that, if enacted, the Trump Administration’s “public charge” proposal could harm up to 475,000 immigrant New Yorkers.

“This proposal is another perversion of our most basic values,” said Mayor de Blasio. “It is un-American to punish families for seeking help, plain and simple. As a parent myself, I could never imagine the gut wrenching decision of choosing between food on the table and the possibility of not being able to get a green card in the future. On behalf of the ultimate city of immigrants, we will fight this tooth and nail.”

The analysis, jointly conducted by the Mayor’s Office of Immigrant Affairs, Department of Social Services, and the Mayor’s Office for Economic Opportunity, also found that hundreds of thousands additional New Yorkers could be harmed as well, including U.S. citizen children, as families might withdraw from or forgo enrolling in critical social safety net programs based on misinformation and fears of immigration consequences. In addition, the analysis shows that the overall economic consequences for New York City could be severe, with at least a $420 million hit to the city’s economy annually. The de Blasio Administration is firmly opposed to this “public charge” proposal, and will continue to share information with New Yorkers about its possible impacts.  

“We will fight back against any attempt to threaten the well-being of hundreds of thousands of middle and working class immigrant families, including their U.S. citizen children,” said Bitta Mostofi, Commissioner of the Mayor’s Office of Immigrant Affairs. “Immigrant New Yorkers are the backbone of our economy and the Trump Administration’s latest proposal would undercut our progress to make NYC the fairest big city in the country. We wholly oppose this proposal and we’ll continue to share the most up-to-date information on how it could impact our fellow New Yorkers.”

“This proposed rule from the Trump Administration is a direct attack on our City’s core values and the lifelines that millions of hard-working New Yorkers rely upon every day. We will not stand for it,” said Department of Social Services Commissioner Steven Banks. “We at DSS remain committed to connecting all New Yorkers in need to the benefits for which they are eligible, ensuring they can put food on the table and make ends meet, no matter where they’ve come from.”

“The Trump Administration’s misguided proposal would harm immigrants as well as the broader New York City community – the friends, family members and neighbors who benefit from the contributions that immigrants of all backgrounds and circumstances make to the economic, social and civic life of the city,” said Matthew Klein, Executive Director of the Mayor’s Office for Economic Opportunity. “New York City is a place that welcomes newcomers from all walks of life, and we are better for it. It is in all of our interests for residents to access the resources, support and opportunities that they need to fulfill their full potential and continue to drive New York City forward.”

“I have been practicing medicine in public health systems for more than 30 years. I’ve never met a doctor - Democrat or Republican — who cared about the immigration status of their patient. We’ve taken an oath to care for the sick and can’t imagine the devastating impact this mean-spirited proposal could have if our patients end up having to choose between getting proper medical treatment or pursue their legal status. I hope this radical attempt to undermine the health and well-being of middle and working class immigrant communities can be prevented. In the meantime, it’s incredibly important to note that this proposal is by no means final, and access to services like our public health facilities has not changed. NYC Health + Hospitals is open to all without exception, and we urge our immigrant community to continue to seek care without fear,” said Dr. Mitchell Katz, President and CEO, NYC Health + Hospitals.

The City reminds New Yorkers that this proposal has not yet gone into effect and that this proposal would not eligibility requirements for public benefits programs. The proposed regulation would also not be retroactively applied, so the proposed changes regarding use of public benefits now or through a 60-day “grace period” after the rule is finalized would not count against immigrants seeking green cards or visas.

The Trump Administration’s proposed expansion of “public charge” rules would harm immigrant families and threaten NYC’s economy. Under previous federal administrations, an applicant for a green card or certain types of visas could be barred based on a determination that they are a “public charge” if deemed likely to rely primarily on cash assistance or long-term care from the government for survival. Under the Trump Administration, the U.S. Department of Homeland Security seeks to expand their discretion to deny such applications based on an immigrant’s age, family size, income, and assets, as well as based on whether they have utilized certain cash or non-cash public benefits or programs they are legally entitled to use. By law, several categories of immigrants — including refugees and asylees — are not subject to the public charge test in their immigration applications.

The de Blasio Administration’s preliminary analysis has found that, if enacted, the proposal could:

·         Result in an annual loss of $235 million in Supplemental Nutrition Assistance Program (SNAP, or “food stamps”), Cash Assistance, and Supplemental Security Income and the state supplement (SSI/SSP) if just 20% of the approximately 274,000 noncitizen New Yorkers currently receiving these benefits were to withdraw from participation; and

·         Lead to an additional loss of $185 million in related economic activity, if the same group of New Yorkers were to withdraw from receiving these three named benefits.

In addition, the City estimates the following effects on New York City residents, based on an analysis of Census data:

·         Force up to 75,000 immigrant New Yorkers to face a choice between accessing benefits to which they are legally entitled and possible future adverse immigration consequences;

·         Result in up to 400,000 immigrant New Yorkers who are not currently eligible to receive benefits but would face possible future adverse immigration consequences simply because of their age, health, education and employment history, and income and assets, among other factors; and

·         Prompt hundreds of thousands of New Yorkers, including U.S. Citizens, to withdraw from or forgo public benefits because of fear and confusion about the scope of the proposal and misinformation about the impact of their benefits usage on noncitizen members of their households.

Building on this preliminary analysis, the de Blasio Administration will continue to assess total possible impacts of the proposal. Given the complexity of the proposal and that benefits not directly administered by the City are included in the proposal, the City anticipates that the overall fiscal impact will be greater than what is indicated in the preliminary analysis.

Additionally, the impacts on NYC Health + Hospitals and other safety net providers, patients, and finances could be significant. Hospitals would also expect to see an increase in uninsured patients and uncompensated care, and sicker patients due to deferred access to medical care. These negative effects would have a destabilizing effect on community and individual health and well-being, as well as the financial stability of safety net providers.

The de Blasio Administration encourages New Yorkers in need of assistance to seek help. The City of New York has long-standing policies in place to protect the privacy of our clients and the confidentiality of client information pursuant to Federal, State and Local Law, as well as the policies of City agencies.

Help is available to those with questions about how this proposal could affect themselves and their families. New Yorkers can visit NYC.gov/PublicCharge for more information. Additionally, New Yorkers can call the New Americans Hotline, operated by Catholic Charities, at 1-800-566-7636 from 9 AM to 8 PM, Monday to Friday.

Following the official posting of the proposed rule to the Federal Register on October 10, 2018, there will be a 60-day period – closing December 10, 2018 – during which individuals can submit public comments to the federal government regarding the proposal. New Yorkers can make their voices heard by submitting a public comment through NYC.gov/PublicCharge.

“This proposed rule will not only be harmful to some of the most vulnerable New Yorkers, it will be a drain on the city’s economy. Perhaps most disturbing, many immigrants will feel that they have to choose between getting a green card or accessing basic family needs, such as housing support and healthcare, between nutritional assistance or obtaining a visa. I urge all New Yorkers to submit comment and let the federal government know how disgusted we are at this new and deplorable offensive against our values,” said Council Speaker Corey Johnson.

Wave Hill events October 25‒November 1

Sat, October 27

Family Art Project: Día de los Muertos

Visiting artist Paulina Perera-Riveroll shares this special Mexican cultural holiday when the spirits of the beloved come home and visit. She will show us the traditional use of the four elements to adorn retablos, small boxes filled with meaning and purpose to honor a loved one. Decorate your box with objects and found natural materials, adding a photo of your dear one, if you like. We’ll also create a group “altar” honoring a former resident, the majestic copper beech tree that stood in the Shade Border, providing shade and beauty to countless visitors. Free, and admission to the grounds is free until noon.

WAVE  HILL HOUSE, 10AM‒1PM

Sat, October 27

Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Sat, October 27

Gallery Tour

Learn about Glyndor Gallery exhibitions on a tour led by Wave Hill’s Curatorial Fellow. In a new collaboration, Wave Hill is partnering with the American Society of Botanical Artists (ASBA) to produce and host ASBA’s 21st Annual International. ASBA’s mission is to provide a thriving, interactive community dedicated to perpetuating the tradition and contemporary practice of botanical art. This juried exhibition consists of two-dimensional original botanical art, including some specimens found at Wave Hill. In the Sunroom Project Space, Keren Anavy, creating a conservatory from man-made materials, responds to Wave Hill’s late-fall landscape. Suspended from the ceiling, abstract paintings on translucent Mylar dip into shallow pools of ink and correspond to the changing colors of Wave Hill’s seasonal plants. Anavy is also collaborating with Valerie Green/Dance Entropy on Utopia, a dance performance, which will be presented in the gallery. Free with admission to the grounds.

GLYNDOR GALLERY, 2PM

Sun, October 28

Family Art Project: Día de los Muertos

Visiting artist Paulina Perera-Riveroll shares this special Mexican cultural holiday when the spirits of the beloved come home and visit. She will show us the traditional use of the four elements to adorn retablos, small boxes filled with meaning and purpose to honor a loved one. Decorate your box with objects and found natural materials, adding a photo of your dear one, if you like. We’ll also create a group “altar” honoring a former resident, the majestic copper beech tree that stood in the Shade Border, providing shade and beauty to countless visitors. Free with admission to the grounds.

WAVE HILL HOUSE, 10AM‒1PM

Sun, October 28

Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

Mon, October 29

Closed to the public.

Tue, October 30

Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Tue, October 30

Gallery Tour

Learn about Glyndor Gallery exhibitions on a tour led by Wave Hill’s Curatorial Fellow. In a new collaboration, Wave Hill is partnering with the American Society of Botanical Artists (ASBA) to produce and host ASBA’s 21^st Annual International. ASBA’s mission is to provide a thriving, interactive community dedicated to perpetuating the tradition and contemporary practice of botanical art. This juried exhibition consists of two-dimensional original botanical art, including some specimens found at Wave Hill. In the Sunroom Project Space, Keren Anavy, creating a conservatory from man-made materials, responds to Wave Hill’s late-fall landscape. Suspended from the ceiling, abstract paintings on translucent Mylar dip into shallow pools of ink and correspond to the changing colors of Wave Hill’s seasonal plants. Anavy is also collaborating with Valerie Green/Dance Entropy on Utopia, a dance performance, which will be presented in the gallery. Free with admission to the grounds.

GLYNDOR GALLERY, 2PM

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–5:30PM,  March 15–October 31. Closes 4:30PM, starting November 1.

ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

  

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

BRONX ELECTED OFFICIALS TO AMTRAK: GET ON BOARD WITH METRO-NORTH EXPANSION

  In a letter to Anthony R. Coscia, Chairman of the Board of Amtrak, the borough’s elected officials are demanding that the rail company cease its actions that are currently holding up progress on the proposed East Bronx Metro North expansion, which will bring commuter rail service to Co-op City, Morris Park/Van Nest, Parkchester and Hunts Point.

“Universal support exists for this critical project among Bronx communities and elected leadership. Despite this reality, Amtrak stands in the way by refusing to negotiate a reasonable MOU with the MTA that would allow work to commence,” states the letter. “It is long overdue for Amtrak to get on board.”

The letter can be read at https://on.nyc.gov/2Oj3Xll.

“The East Bronx Metro North expansion is universally popular, and has tremendous potential to connect our borough to economic centers to the north in Westchester and Connecticut while also creating a new option to midtown,” said Bronx Borough President Ruben Diaz Jr. “Amtrak is being entirely unreasonable. Amtrak is using its ownership of the tracks to hold up MTA for more money, but it is really commuters across the region who are being held hostage.”

The city has recently launched the Bronx Metro-North Working Group, which will engage local residents and businesses to optimize this new commuter rail service. The group is led by Borough President Diaz, Department of Transportation Commissioner Polly Trottenberg, New York City Economic Development Corporation President James Patchett and City Planning Director Marisa Lago. 

This fall, the group will start work with the Hunts Point, Parkchester/Van Nest, Morris Park and Co-op City communities, where new stations are anticipated, to put plans into place that acknowledge the needs and priorities of each neighborhood. They will also plan holistically with local stakeholders for the economic development, job growth and housing opportunities the new service presents, including the infrastructure and quality of life investments needed to accommodate them in a way that best benefits Bronx communities.

To view the presentations, learn more about the station areas, to sign up to receive updates on the planning initiative and to get involved, please visit the Bronx Metro-North Study at http://www.nyc.gov/BMNS or email BMNS@planning.nyc.gov.

EDITOR'S NOTE:

This proposal for the four East Bronx Metro North stations is not something that recently came about. This has been on the back burner for many years, and why the problem with Amtrak all of a sudden is announced should worry the people of the East Bronx.

Didn't those who proposed this plan years ago know about the Amtrak right of way, and repairs that had to be made to the track structure not counting building the new stations on Amtrak property? 

It now would seem that these new Metro North stations may still be many more years away, while property is being bought up by speculators next to or near where the proposed Metro North stations are planned to go, if they do get built.