Adidas Executive And Two Others Convicted Of Defrauding Adidas-Sponsored Universities In Connection With Athletic Scholarships

  Robert S. Khuzami, the Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, announced the convictions of JAMES GATTO, a/k/a “Jim,” MERL CODE, and CHRISTIAN DAWKINS for conspiring to defraud universities by funneling illicit payments to the families of high-school and college basketball players and concealing those payments – which were prohibited by university policies and NCAA rules – from the schools.  GATTO, the Director of Global Basketball Sports Marketing at Adidas, CODE, an Adidas consultant, and DAWKINS, an aspiring manager of professional athletes, will be sentenced on March 5, 2019, at 10:00 a.m. by Judge Kaplan, who presided over the four-week trial.

Two other scheme participants, MUNISH SOOD, a financial advisor, and THOMAS “T.J.” GASSNOLA, a former Adidas consultant, previously pled guilty in connection with their participation in the fraudulent scheme. 

Mr. Khuzami said:  “Today’s convictions expose an underground culture of illicit payments, deception and corruption in world of college basketball.  These defendants now stand convicted of not simply flouting the rules but breaking the law for their own personal gain.  As a jury has now found, the defendants not only deceived universities into issuing scholarships under false pretenses, they deprived the universities of their economic rights and tarnished an ideal which makes college sports a beloved tradition by so many fans all over the world.”

According to the allegations contained in the Complaint, Indictment, Superseding Indictment, and evidence presented during the trial in Manhattan federal court: 

Overview of the Scheme

As found by the jury, GATTO, CODE, and DAWKINS brokered and facilitated the payments funded by Adidas to the families of high school and college aged basketball players in connection with decisions by those players to commit to Adidas-sponsored schools and a promise that the players also would retain the services of DAWKINS and sign lucrative endorsement deals with Adidas upon turning professional.  The payments, which the defendants took great lengths to conceal from the victim-universities, served to defraud the relevant universities in several ways.  First, because the illicit payments to the families of student-athletes rendered those student-athletes ineligible to participate in collegiate athletics, scheme participants conspired to conceal these payments from the universities, thereby causing them to provide or agree to provide athletic-based scholarships and financial aid under false and fraudulent pretenses. Indeed, the defendants and their co-conspirators, who included the families of the student-athletes and, in certain instances, one or more corrupt coaches at the universities, knew that, for the scheme to succeed and the athletic scholarships to be awarded, the illicit payments had to be concealed from the universities, and that certifications, falsely representing that the student-athletes were eligible to compete in Division I athletics, would be submitted to the universities.

Second, the scheme participants further defrauded the universities by depriving the universities of significant and necessary information regarding the non-compliance with NCAA rules by the relevant student-athletes and their families, and, in some cases, by certain corrupt coaches involved in the scheme.  In doing so, the scheme participants interfered with the universities’ ability to control their assets and created a risk of tangible economic harm to the universities, including, among other things, decision-making about the distribution of their limited athletic scholarships; the possible disgorgement of certain profit-sharing by the NCAA; monetary fines; restrictions on athlete recruitment and the distribution of athletic scholarships; and the potential ineligibility of the universities’ basketball teams to compete in NCAA programs generally, and the ineligibility of certain student-athletes in particular.

Allegations Involving the University of Louisville

Beginning in approximately May 2017, GATTO, CODE, DAWKINS, and others worked together to illicitly funnel approximately $100,000 from Adidas to the father of Brian Bowen, then a top-rated high school basketball player, in connection with Bowen’s commitment to play at the University of Louisville, a school whose athletic programs are sponsored by Adidas.  Because the payments to the family of Bowen were both in violation of NCAA rules and illegal, the defendants took steps to conceal them from the University, including funneling the money indirectly through an amateur team affiliated with CODE and a corporation controlled by DAWKINS.  The payments were all funded by Adidas pursuant to phony invoices approved by GATTO, and the first installment was delivered to Bowen’s father in cash in July 2017 in a parking lot in New Jersey.

Allegations Involving the University of Kansas

Between 2016 and 2017, GATTO and GASSNOLA worked together to funnel approximately $90,000 from Adidas to the family of Billy Preston, then a high school basketball player, in connection with Preston’s commitment to play at the University of Kansas, a university whose athletic programs are sponsored by Adidas.  To conceal the payments from the University, GATTO routed the money to Billy Preston’s family indirectly, through an Adidas-sponsored amateur team affiliated with GASSNOLA, and pursuant to sham invoices which GATTO approved.

In addition, in the summer of 2017, GATTO and GASSNOLA agreed to funnel money to the legal guardian of Silvio De Sousa, then a high school basketball player, in connection with De Sousa’s commitment to play at the University of Kansas.  In one instance, GATTO and GASSNOLA were intercepted over a wiretap discussing a $20,000 payment to the legal guardian.

Allegations Involving the North Carolina State University

In approximately November 2015, GATTO and GASSNOLA agreed to funnel approximately $40,000 from Adidas to the family of Dennis Smith Jr., then a high school basketball player, in order to stop Smith Jr. from de-committing from North Carolina State University, a university whose athletic programs are sponsored by Adidas.  GASSNOLA flew to North Carolina to personally deliver the money in cash to a basketball coach at North Carolina State University, who then routed the money to Smith Jr.’s family.  After GASSNOLA made the payment, GATTO reimbursed GASSNOLA via his Adidas-sponsored amateur team. 

GATTO, 48, of Wilsonville, Oregon, CODE, 44, of Greer, South Carolina, and DAWKINS, 25, of Atlanta, Georgia, were each convicted of one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carry a maximum sentence of 20 years in prison.  GATTO was also convicted of an additional count of wire fraud.

Mr. Khuzami thanked the FBI and the Special Agents of the U.S. Attorney’s Office of the Southern District of New York for their tireless efforts during the investigation and prosecution of this case.

A.G. Underwood Files Lawsuit Against Exxonmobil For Defrauding Investors Regarding Financial Risk The Company Faces From Climate Change Regulations

Investigation into Exxon’s Business Practices Uncovered an Alleged Fraudulent Scheme to Systematically and Repeatedly Deceive Investors About the Significant Impact That Future Climate Change Regulations Could Have on the Company’s Assets and Value

Alleged Fraud Reached Highest Levels, as former Chairman and CEO Rex Tillerson Knew of Misrepresentations for Years

  Attorney General Barbara D. Underwood announced a lawsuit against Exxon Mobil Corporation (“Exxon”), alleging that the company misled investors regarding the risk that climate change regulations posed to its business. As alleged in the complaint, Exxon for years assured investors that it was accounting for the likelihood of increasingly stringent regulation of greenhouse gas emissions – which are driving climate change and which Exxon emits in large quantity – by rigorously and consistently applying an escalating cost of those emissions to its business planning, investment decisions, calculations of the amount and value of company reserves and resources, impairment assessments, and projections of future demand for oil and gas. However, Exxon did not abide by these representations, and instead did much less than it claimed, deceiving investors as to the company’s true financial exposure to increasing regulations and policies adopted to mitigate the adverse effects of climate change.

Exxon marketed the company as a secure long-term investment and courted long-term investors such as institutional shareholders, life insurance companies, and pension funds. For example, the New York State Common Retirement Fund (CRF), which is entrusted with the retirement security of over one million state employees and retirees, and the New York State Teachers Retirement System, which serves over 425,000 members, hold Exxon shares with a combined value of approximately $1.5 billion. These investors depend on companies to provide complete, accurate information about the value of their assets to make informed investment decisions. In fact, over the course of the past decade, Exxon institutional shareholders repeatedly sought more information and disclosure regarding the risk the company faced due to climate change regulations.

“Investors put their money and their trust in Exxon – which assured them of the long-term value of their shares, as the company claimed to be factoring the risk of increasing climate change regulation into its business decisions. Yet as our investigation found, Exxon often did no such thing,” Attorney General Underwood said. “Instead, Exxon built a facade to deceive investors into believing that the company was managing the risks of climate change regulation to its business when, in fact, it was intentionally and systematically underestimating or ignoring them, contrary to its public representations.”

The Attorney General’s complaint alleges that Exxon told investors that it accounted for the risk of governmental regulation of climate change by applying a “proxy cost” of carbon. A proxy cost serves as a stand-in for the likely effects of expected future events; in this case, the effects of the increasingly stringent climate change regulations that Exxon has publicly stated it expects governments throughout the world to impose and steadily increase over the course of several decades. As the complaint alleges, Exxon told its investors that it used that proxy cost in its investment decisions, corporate planning, estimations of company oil and gas reserves, evaluations of whether its long-term assets remain viable, and estimations of future demand for oil and gas.

Yet, contrary to those representations, the complaint alleges that Exxon frequently did not apply the proxy costs as represented in its business activities. Instead, in many cases Exxon applied much lower proxy costs or no proxy cost at all.

The complaint alleges that this fraud reached the highest levels of the company. Exxon’s management, including former Chairman and Chief Executive Officer (CEO) Rex W. Tillerson knew for years that the company was deviating from its public representations by using a second set of proxy costs from undisclosed internal guidance that were lower than the publicly disclosed proxy costs. Exxon’s management also knew that using these lower figures made Exxon more susceptible to climate change regulatory risk, but did not align these two sets of proxy costs for years.

The complaint alleges that the fraud continued even after Exxon increased its internal proxy cost guidance to conform to its public representations. Indeed, when the company realized that applying the publicly represented proxy costs would result in “massive” costs and “large write-downs,” and shorter asset lives, Exxon management decided to apply an undisclosed “alternate methodology.” Under this “alternate methodology,” Exxon chose not to apply any proxy cost and, instead, allegedly chose to assume that existing climate regulations would remain in place and unchanged, indefinitely into the future. 

The complaint further alleges that in various other aspects of its business – including evaluating the volume of its oil and gas reserves, determining whether to write down its major assets, and estimating demand for its products in the transportation sector – Exxon chose not to apply proxy costs in the manner it represented to investors. By applying a lower proxy cost or not applying any proxy cost at all, Exxon repeatedly and consistently underestimated the potential financial risk that increasing climate change regulation posed to its assets and value. 

According to the allegations in the complaint, Exxon made these misrepresentations knowing that its shareholders were concerned about the company’s management of the risk of future climate change regulations, particularly given its carbon intensive assets. Those investors included institutional investors such as New York’s CRF. In responding to shareholder requests for an explanation of how it accounted for the likelihood of increased climate change regulations, Exxon allegedly made numerous misrepresentations, including offering a misleading analysis in which it understated the financial risks that it would face in a “two degree scenario” – that is, if governments acted to limit global temperature rise to two degrees Celsius above pre-industrial levels. Exxon continued to present that analysis to investors even after being warned by the author of a study upon which it purported to rely that the analysis was “misleading.”

The impact of Exxon’s alleged fraud on the company’s value is significant in scale and scope. For example:

• For 14 of Exxon’s oil sands projects in Alberta, Canada, Exxon’s failure to apply its publicly represented proxy costs resulted in undercounting of projected greenhouse-gas related expenses by more than $25 billion over the projected lifetime of the projects.
• Exxon undercounted projected greenhouse gas-related costs by as much as 94% – equal to about $11 billion – in an economic forecast for its Kearl oil sands asset in Alberta.
• Exxon failed to apply the proxy costs it represented to the public in estimating company reserves at Cold Lake, a major oil sands asset in Alberta, resulting in an overestimation of its projected economic life by 28 years, and an overestimation of company reserves volumes by more than 300 million oil-equivalent barrels, representing billions of dollars of revenues.

The lawsuit announced was filed in New York Supreme Court, New York County. The suit seeks an order prohibiting Exxon from continuing to misrepresent its practices in this area, and requiring it to correct its past misrepresentations; in other words, to tell investors the truth. The suit also asks the court to award damages, a disgorgement of all monies obtained in connection with the alleged fraud, and restitution. Additionally, the complaint requests the court to direct a comprehensive review of Exxon’s failure to apply a proxy cost consistent with its representations, and the economic and financial consequences of that failure. 

A.G. Underwood Announces $65 Million Settlement With Wells Fargo For Misleading Investors Regarding Cross-Sell Scandal

Wells Fargo Failed to Disclose to Investors that Success of Cross-Sell Efforts was Built on Misconduct – Such as Opening Millions of Fake Deposit and Credit Card Accounts; NY Investors Lost Millions when Misconduct was Disclosed

Settlement Marks Latest Martin Act Enforcement Action to Protect NY Investors and Integrity of Financial Marketplace

  Attorney General Barbara D. Underwood announced that Wells Fargo & Company will pay a $65 million penalty following the Attorney General’s investigation into the bank’s fraudulent statements to investors in connection with its “cross-sell” business model, related sales practices, and the bank’s publicly reported cross-sell metrics. 

“The misconduct at Wells Fargo was widespread across the bank and at every level of management – impacting both customers and investors who were misled,” said Attorney General Underwood. “State securities laws are vital to protecting the hard-earned savings of working families and Main Street investors from financial fraud, and my office will continue to do what’s necessary to protect the public and the integrity of our markets.”

“Cross-sell” refers to the process of selling new financial products and/or services to an existing customer. Wells Fargo represented to investors its ability to increase revenues and better serve customers by pursuing its purportedly superior cross-sell strategy; it also regularly reported cross-sell metrics that supposedly reflected the success of that strategy.

However, Wells Fargo failed to disclose to investors that the success of its cross-sell efforts was built on sales practice misconduct at the bank. Driven by strict and unrealistic sales goals, employees in Wells Fargo’s Community Bank division engaged in fraudulent sales practices, including the opening of millions of fake deposit and credit card accounts without customers’ knowledge. Through a significant incentive compensation program, employees who met these targets were eligible for promotions and bonuses, while employees who did not meet the sales targets faced relentless pressure and even termination.

Today's settlement notes that Wells Fargo made numerous misrepresentations to investors over many years, and failed to disclose its knowledge of systemic problems pervading the bank’s sales practices. In one email from June 2011, a member of the incentive compensation team acknowledged this misconduct by Wells Fargo employees, stating that “I’ve asked bankers… why people cheat… it’s because their manager tells them they’ll be fired if they don’t hit their minimums.” 

Beginning as early as 2011, Wells Fargo’s Board of Directors received reports that described increasing numbers of allegations of this sales practice misconduct by its employees. In Congressional testimony, Wells Fargo’s former CEO stated that he personally became aware of widespread fraud by Wells Fargo employees in 2013. Yet Wells Fargo failed to disclose to investors the misconduct at the heart of the bank’s vaunted cross-sell business model. When the truth was publicly disclosed, New York investors lost millions of dollars. 

The Attorney General, through the office’s Investor Protection Bureau, is charged with enforcing the New York State securities law (commonly known as the Martin Act), to protect New York investors and the integrity of the marketplace through investigations of suspected fraud in the offer, sale, or purchase of securities.

The Attorney General’s office is also continuing its investigation of Wells Fargo in connection with its illegal business practices of opening millions of unauthorized accounts and enrolling consumers in services without their knowledge or consent. Today’s settlement has no impact on that ongoing investigation and other pending investigations of Wells Fargo.

This matter was handled by Senior Enforcement Counsel Hannah K. Flamenbaum and Assistant Attorneys General Melissa Gable and Amita Singh, all of the Investor Protection Bureau, under the supervision of Investor Protection Bureau Chief Cynthia Hanawalt. Data Scientist Katie Rosman and Director Jonathan Werberg of the Research and Analytics Department and Chief Economist Peter Malaspina also assisted in this matter. The Investor Protection Bureau is part of the Economic Justice Division, which is led by Executive Deputy Attorney General for Economic Justice Manisha M. Sheth.

Click here to view the settlement agreement.

NEWS FROM BRONX DISTRICT ATTORNEY DARCEL CLARK

FORMER RIKERS ISLAND INMATE SENTENCED TO 25 YEARS IN PRISON FOR STARTING FIRE IN CELL

Sentence to Run Consecutive to 40-Year Term He Is Serving for Manslaughter 

  Bronx District Attorney Darcel D. Clark today announced that a former Rikers Island inmate has been sentenced to 25 years in prison for starting a fire in the jail complex. The sentence will run consecutive to a 40-year prison term he is serving for a Brooklyn killing. 

 District Attorney Clark said, “The defendant intentionally started a fire in his jail cell and prevented a correction officer from immediately putting out the flames, jeopardizing the lives of Correction Officers and other inmates. The defendant was considered one of the most dangerous and volatile inmates that Rikers Island has seen over the last several years. This consecutive sentence sends a strong message to anyone who would commit violence in jail.” 

 District Attorney Clark said the defendant, Steven Sidbury, 26, of Brooklyn, was sentenced in absentia today by Bronx Supreme Court Justice Steven Barrett to 25 years in prison. A jury found the defendant guilty of second-degree Arson on September 26, 2018 after he was tried in absentia. Sidbury was disruptive and was barred from the courtroom.

 According to the investigation, on January 8, 2014, at the George R. Vierno Center on Rikers Island, the defendant, who was in solitary confinement at the time, started a fire in the food slot of his cell. A Correction Officer observed smoke from the defendant’s cell and saw Sidbury lighting pieces of paper on fire. The Correction Officer tried to push a fire extinguisher hose through the slot, but the defendant pushed it away. The officer called for assistance and the fire was extinguished. The defendant, another inmate and several Correction Officers received medical attention for smoke inhalation. The fire endangered the lives of inmates in the solitary confinement area, since each inmate who comes out of the cell has to be escorted. District Attorney Clark thanked court officers and correction officers for maintaining safety

FORMER KARATE INSTRUCTOR SENTENCED TO EIGHT YEARS IN PRISON FOR SEXUALLY ABUSING YOUNG GIRLS

Defendant Assaulted Victims When They Attended Karate Lessons In The Bronx

 Bronx District Attorney Darcel D. Clark today announced that a former karate instructor has been sentenced to eight years in prison for sexually abusing two young girls. 

 District Attorney Clark said, “The defendant took advantage of his position as an instructor and adult, and sexually assaulted two girls when they attended karate lessons at a center in the Bronx. These events have been very painful and traumatic to the victims and their families. Hopefully this sentence brings some justice to the innocent children and their loved ones who still struggle emotionally.” 

 District Attorney Clark said the defendant, Anthony Gonzalez, 38, of 990 Leggett Avenue, was sentenced on October 15, 2018 by Administrative Judge Robert E. Torres to eight years in prison and 10 years post-release supervision. The defendant will also have to register as a sex offender. Gonzalez pleaded guilty to first-degree Sexual Abuse and second-degree Course of Sexual Conduct against a Child on September 25, 2018 before Bronx Supreme Court Justice Ralph Fabrizio.  

 According to the investigation, on January 17, 2018 at the USA Martial Arts Fitness Academy at 914 Prospect Avenue, the defendant, who was volunteering as an instructor at the time, sexually abused a six-year-old girl who was taking classes at the center. Gonzalez took the young girl to the bathroom, closed the door and touched her genitals. He then told the victim not to tell anyone. The young girl eventually told her mother what Gonzalez had done to her and the mother called the police.

 District Attorney Clark thanked Detective Julia Watson and Police Officer Gabriel Baaith of the Bronx Child Abuse Squad as well as the Bronx Child Advocacy Center for their assistance with the case.

BRONX MAN SENTENCED TO 25 YEARS TO LIFE IN PRISON FOR FATALLY STABBING HIS WIFE

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 25 years to life in prison for the murder of his wife, which he initially blamed on intruders. 

 District Attorney Clark said, “This was a brutal attack in which the defendant stabbed his wife 13 times. He told police who responded that two men broke in and attacked his wife and himself, then admitted he stabbed his wife, in self-defense. The jury rejected his claim and convicted him of second degree Murder, and now he will spend many years in prison.” 

 District Attorney Clark said the defendant, Roy Savage, 46, of 215 East 164th Street, was sentenced today by Bronx Supreme Court Justice Margaret Clancy to 25 years to life in prison. A jury found the defendant guilty of second-degree Murder on September 21, 2018.

 According to the investigation, on May 26, 2016, at 10 p.m. in 215 East 164th Street, the defendant stabbed his wife, Shellette Walace Savage, 37, 13 times, including four times in the back. Defendant told responding police officers that took men broke into his apartment and attacked him and his wife. Savage showed responding officers his injuries, including cuts on his hand and scratches to his neck. Defendant was taken to the hospital to be treated for his injuries to his hands. Shellette Savage was pronounced dead on arrival to the hospital. Detectives immediately investigated his home invasion story; after reviewing surveillance video and examining the crime scene his story was proven false.

 District Attorney Clark thanked Police Officer James Fleming, formerly of the 44th Precinct and now assigned to the 104th Precinct in Queens, for his assistance.

JUMAANE WILLIAMS OPENS CAMPAIGN COMMITTEE FOR NYC PUBLIC ADVOCATE RACE

JUMAANE WILLIAMS OPENS CAMPAIGN COMMITTEE FOR NYC PUBLIC ADVOCATE RACE

  New York City Council Member Jumaane Williams announced his intention to run for Public Advocate of the City of New York after opening a campaign committee with the Board of Elections in anticipation of the race.

Jumaane, a progressive Democrat currently serving his third term in the New York City Council, filed paperwork to open the citywide campaign committee in advance of the November 6th general election. The current Public Advocate, Letiticia James, is running on the Democratic and Working Families Party line for Attorney General of New York State. If and when the Public Advocate position is vacated, Jumaane will formally launch his campaign to fill the Public Advocate role in a special election to be set by New York City Mayor Bill de Blasio shortly after the vacancy occurs.

"I have always felt that my job as an activist elected official has been to make sure the voices of all New Yorkers are lifted up, and to create the kinds of changes that have a tangible positive impact on their lives," Jumaane said. "New York City needs to live up to its promise as a progressive beacon, and government needs not just to legislate but to listen. Too many working class New Yorkers are struggling, and this city belongs to them- not just to the rich or real estate lobby. This is our New York and it's time to take it back. As Public Advocate, I will fight make this city affordable, equitable and just for the many, not the few."

The office of Public Advocate serves as a direct link between the electorate and their elected officials by acting as a watchdog for all New Yorkers. The Public Advocate acts as an ombudsman for city government, providing oversight for city agencies, investigating citizens' complaints about city services and making proposals to address any shortcomings or failures of those services. It is also the first in line to succeed the Mayor.

The announcement comes after Jumaane received nearly 650,000 votes to become Lieutenant Governor of New York last month, with more than 400,000 votes from individuals throughout the five boroughs. His candidacy was endorsed by The New York Times, U.S. Senator Bernie Sanders, the Working Families Party and countless elected officials, unions and progressive advocacy groups across the state.

More on Jumanne can be found at his website https://jumaanewilliams.com/

SAGE- We refuse to be erased. We refuse to be invisible.

SAGE condemns Trump administration plans to erase transgender people

The New York Times reported this week that the Trump administration is considering a drastic move to strip away the rights of transgender people by creating an extremely narrow federal definition of gender. The proposed change would narrowly define gender as male or female, unchangeable, and determined by the genitals that a person is born with, which would eliminate anti-discrimination protections for transgender people. Such a decision to eliminate anti-discrimination protections would have a devastating impact on transgender elders, who already face numerous barriers to health care, housing, and fair treatment under the law, according to “Improving the Lives of Transgender Older Adults,” issued by SAGE and the National Center for Transgender Equality. Rolling back these safeguards could put the lives of transgender elders in jeopardy by enabling health insurers, hospitals, clinics, and any other entities that receive federal funds to deny essential care. SAGE’s CEO Michael Adams said: “We are outraged by this senseless, bigoted attack on transgender Americans. This latest move by the Trump administration is an affront to core principles of fairness and would fall hardest on transgender people who are old, young, people of color, and most at the margins.” This heartless attack is the latest in a string of efforts by this administration to erase and silence transgender people. As we have in the past, SAGE will vigorously fight this proposal until we succeed.” Read the full statementand share on Facebook.

Local LGBT protections crucial as federal government continues to support anti-LGBT policies While the federal government attempts to erase transgender people, municipalities like New York and Washington, D.C. are taking up the mantle of protection. In a significant step forward for transgender, gender nonconforming, and nonbinary New Yorkers, on October 11, at the Edie Windsor SAGE Center, New York City Mayor Bill De Blasio signed groundbreaking legislation to add a third gender option on birth certificates. Many transgender advocates and allies attended this watershed bill signing, including New York City Council Speaker Corey Johnson, First Lady of New York City Chirlane McCray, and actor and activist Asia Kate Dillon. Watch the bill signing and read SAGE’s press release on the event. The District of Columbia has also taken a significant step forward for LGBT elders and people living with HIV. As a result of SAGE’s advocacy, D.C. Councilmember Mary Cheh introduced first-of-its-kind municipal legislation to better protect and support LGBT elders and older people living with HIV in the District of Columbia. If passed, this legislation could provide a template for other localities to adopt similar provisions for protecting older LGBT people under the Older Americans Act. While modeled after pieces of state legislation in Massachusetts and California, this legislation would go a step further in establishing a cultural competency training requirement and a bill of rights for LGBT elders and people living with HIV in long-term care. If passed, it would make D.C. the first jurisdiction in the nation to provide these supports and protections. Read SAGE’s comments on Councilmember Cheh’s bill.

Mark Your Calendars!

Inspired Aging Panel October 30, 2018, 7-9 PM | Grey Advertising, 200 5th Avenue, NYC We are all getting older. And, in our community, we know that LGBT folks want to age with purpose, passion and grace -- the same qualities that we bring to everything we do. On Tuesday, October 30 from 7 pm to 9 pm, join like-minded LGBT peers and leading experts for a panel on how to age well, covering topics like aging in place, law, finance and sex. Let’s be inspired together! Register today. SAGE Table November 8, 2018 | Nationwide Host or join a meal and have a conversation on November 8 with your LGBT friends and allies of all ages in our national friend-raiser: SAGE Table. Toys Party December 9, 2018 | Chelsea Piers, New York, NY SAGE's annual party is back and better than ever! Save the date and get ready for the LGBT community's best holiday event. Tickets go on sale 11/14!

DE BLASIO ADMINISTRATION OPENS FIRST NYC HEALTH + HOSPITALS URGENT CARE CLINICS TO OFFER FASTER SERVICE, EASE DEMAND ON PUBLIC HOSPITAL EMERGENCY ROOMS

New ExpressCare clinics will offer convenient, quick access to medical care for non-life-threatening conditions and offer built-in connection to primary care physicians to ensure continuity of care for nearly 45,000 New Yorkers

  Mayor Bill de Blasio, Deputy Mayor for Health and Human Services Dr. Herminia Palacio and NYC Health + Hospitals President and CEO Dr. Mitchell Katz today marked the official opening of the public health system’s new ExpressCare clinic at NYC Health + Hospitals/Elmhurst – one of three new urgent care centers that will provide faster access to medical care for patients who face non-life-threatening conditions. The urgent care clinics will be open for select hours year-round, 7 days a week and will ease overcrowding in three public hospital emergency rooms, as well as reduce health care costs by giving patients a faster and more appropriate alternative to expensive and often avoidable emergency room visits.

The NYC Health + Hospitals ExpressCare clinics are among the latest changes in the public health system’s vision to transform care for New Yorkers. These clinics represent a new business model for the public health system, with walk-in services for non-emergent conditions – like colds, flu, sprains, skin rashes, minor cuts and lacerations, and certain types of infections. Shifting patients with non-life-threatening conditions into ExpressCare clinics will shorten their wait times and will benefit as many as 45,000 New Yorkers every year. These clinics will also differ from stand-alone urgent care centers by offering a better connection to primary care providers. The emergency-trained physicians at ExpressCare clinics will help ensure patients receive the appropriate follow-up care by connecting them with primary care doctors in the Health + Hospitals network.

“Every New Yorker has the right to receive great medical treatment, without waiting hours to be seen by a doctor,” said Mayor de Blasio. “The opening of our ExpressCare clinics will help residents get faster treatment for less serious symptoms while connecting them with follow-up care in the long term.”

“Our communities are better served when our public hospital system can quickly and effectively address non-urgent health care needs in our ExpressCare clinics,” said Dr. Herminia Palacio, Deputy Mayor for Health and Human Services. “Health + Hospital’s new urgent care model demonstrates the City’s ongoing commitment to transform and improve our public healthcare system.”

“Our goal is to provide patients with access to the right care, at the right place, and at the right time,” said Dr. Mitchell Katz, NYC Health + Hospitals President and CEO. “The ExpressCare model will improve the patient experience with fast, convenient service as an alternative to the emergency room and build important connections with our primary care providers to strengthen long-term physician-patient relationships and prevent fragmented care.”

NYC Health + Hospitals is investing between $1.5 and $2 million to set up each of the three new ExpressCare clinics inside the hospital buildings and within a short distance from the emergency rooms. In addition to the ExpressCare clinic at NYC Health + Hospitals/Elmhurst, the City has NYC Health + Hospitals/Lincoln, which opened in August, and NYC Health + Hospitals/Jacobi, slated to open in March 2019.

The urgent care clinics will be open year-round, 7 days a week, from 4 p.m. to 1 a.m. at NYC Health + Hospitals/Elmhurst, and from 8 a.m. to 8 p.m. weekdays (10 a.m. to 4 p.m. weekends and holidays) at NYC Health + Hospitals/Lincoln. These are among the busiest times for each of the hospital’s emergency departments and are hours when patients are more likely to visit the emergency room because they cannot access a primary care provider. ExpressCare clinics are designed for adult patients. Children and teens will continue to receive care in the pediatric emergency room, which typically has short wait times comparable to waits in ExpressCare.

NYC Health + Hospitals worked with OneCity Health, the State’s largest Preforming Provider System, part of the Medicaid Delivery System Reform Incentive Payment (DSRIP) program, to create the clinical model for the ExpressCare clinics, which are designed to support the DSRIP goal to reduce avoidable hospital use by 25 percent by 2020.

“We opened our doors just a couple of weeks ago and have already served dozens of patients who have real health issues. Many have been able to see a doctor in under 30 minutes and, depending on the nature of the problem, have been in and out in less than one hour,” said Dr. Phillip Fairweather, Associate Director of Emergency Medicine at NYC Health + Hospitals/Elmhurst. “If these same patients had to wait in an emergency department, they could end up waiting several hours since more urgent cases, like heart attacks and trauma patients, get attention first, making the possibility of long waits for care unavoidable—until now. It feels great to improve our patients’ care experience.”

“We want to make it easier for people in our community to get access to care during evening hours, when they are often unable to see their primary care physicians,” said Israel Rocha, Vice President of NYC Health + Hospitals for OneCity Health and CEO of NYC Health + Hospitals/Elmhurst. “The urgent care centers will increase access to care, connect patients who don’t have a regular doctor to primary care, and help fill the gap between primary care and emergency services, while helping us achieve health care savings through a reduction in low acuity emergency department visits.”

“We have the busiest single-site emergency department in the region, and we fully expect that ExpressCare will help to reduce the wait time for many who come to us through the ED by providing immediate care for those with less emergent cases,” said Milton Nunez, CEO of NYC Health + Hospitals/Lincoln. “When they are no longer competing with true emergencies for medical attention, our patients will benefit from the clinic setting.”

“We have a busy Level 1 Trauma Center that’s highly regarded for the quality care we provide in response to the most difficult, life-threatening cases that end up in our emergency room,” said Christopher Mastromano, CEO of NYC Health + Hospitals/Jacobi. “With our new ExpressCare clinic, we’ll be able to redirect thousands of patients who have less severe conditions and offer them the same quick and high quality care they need.”

NYC SERVICE & NPCC RELEASE REPORT ON THE CURRENT STATE OF DIVERSITY, EQUITY, AND INCLUSION ON NYC NONPROFIT BOARDS

Report shares nonprofit boards are interested in addressing DEI; demographics do not reflect the diversity of NYC

  NYC Service, in partnership with the Nonprofit Coordinating Committee of New York (NPCC), released What Lies Beneath: The State of NYC Nonprofit Board Diversity, Equity, and Inclusion to identify nonprofit board diversity, equity, and inclusion (DEI) gaps, strategies, recommendations and resources for NYC’s nonprofit sector.

The report is a result of a six month study conducted with the NYC Nonprofit Board Development Coalition, led by NYC Service, which assessed nonprofit board composition, board policies, as well as procedures. The study discovered that nonprofit leadership demographics do not reflect the diversity of New York City; DEI is valued, but not effectively addressed; representation in leadership matters; board complacency and resistance to change impede DEI; and boards may be perpetuating harmful biases.

“It is critical that nonprofit leaders articulate and embrace DEI values within their organization’s board composition, mission and programs,” said Mayor Bill de Blasio. “Nonprofit leadership has a responsibility to reflect the communities they serve and the city is here to support their efforts.”

“The best long term solutions come from within communities as experts of their own experiences,” said Patricia Eng, NYC Chief Service Officer. “Leadership that reflects the core constituency strengthens the fabric of the community, our city, and our nation. In today’s world, this is a ‘must have’, not just ‘nice to have’ toward a vibrant democracy.”

“Nonprofits work hard to serve their communities effectively, and must be diverse, equitable, and inclusive to do so,” said Sharon Stapel, President of NPCC. “This report encourages a frank conversation about the systemic and individual barriers that we all struggle with, and offers recommendations and strategies to truly center equity in their work.”

The report’s findings are a culmination of 420 online survey respondents and 37 focus group participants, representing nonprofit Chief Executive Officers/Executive Directors (CEOs/EDs) and board members throughout the five boroughs of NYC. The survey asked respondents to provide the composition of their board in terms of age, gender identity, race/ethnicity, sexual orientation, and disability status; their board policies and procedures; as well as, successes and challenges with regards to addressing DEI on their boards. The focus group interviews assigned NYC nonprofit CEOs/EDs and board members to separate focus groups to encourage open dialogue. Using an open-ended interview method, the participants discussed what they thought it meant to diversify a board; successes and challenges with recruitment and onboarding; reasons for joining a board; and barriers to and recommendations for achieving board diversity, equity, and inclusivity.