MAN SENTENCED TO 20 YEARS IN PRISON FOR STRANGLING BOYFRIEND TO DEATH IN THE BRONX

Defendant Pleaded Guilty to Manslaughter 

  Bronx District Attorney Darcel D. Clark today announced that a man has been sentenced to 20 years in prison for the 2016 strangulation of a 27-year-old man with whom he was living in the Bronx.

 Bronx. District Attorney Clark said, “The defendant killed his boyfriend, whom he had been in a relationship with for several months. We hope today’s sentence brings some peace to the victim’s family.” 

 District Attorney Clark said the defendant, Marcus Bellamy, 35, who was living with the victim at 104 West 174th Street at the time of the killing, was sentenced today to 20 years in prison and 5 years post-release supervision by Bronx Supreme Court Justice John Carter. Bellamy pleaded guilty to first-degree Manslaughter on February 20, 2019. 

 According to the investigation, in the late afternoon of August 19, 2016, inside the victim’s apartment at 101 West 174th Street, the defendant, a Broadway dancer, beat and strangled Bernardo Almonte, causing his death. After the murder, the defendant wrote a post on social media related to the crime in which he asked for forgiveness. Bellamy then told a neighbor that he had killed Almonte. The neighbor called the NYPD and the defendant was arrested shortly afterwards.

 The victim sustained injuries to his larynx, fractures to his hyoid bone and had bite marks in the area between his shoulder and chest. Almonte was also found with signs of struggle and bruises around his body.

 District Attorney Clark thanked Detective Christine Reyes of the Bronx Homicide Squad for her assistance in the investigation.

Engel, Dinowitz, Biaggi, Cohen Statement on Student Protest at Ethical Culture Fieldston School

  “The students of the Ethical Culture Fieldston School have very real concerns that must be heard by school administrators and the community. We cannot bury our heads in the sand—the rise in racism, anti-Semitism, and extremism is real and must be confronted all fronts. Accountability is key. Students of color shouldn’t be made to feel unsafe or uncomfortable, period. We will continue to monitor this peaceful demonstration, which can hopefully bring about some lasting, positive changes.”  

EDITOR'S NOTE:

All one has to do is watch the parade of school buses leaving the school to see that the students are not from the local Riverdale area.

Pelham Parkway Neighborhood Association Meeting

(L - R) Front Row - PPNA Executive Board Members Lewis Lutnick, Debbie Kawalick, (Guest Speaker) Judge Robert Torres, Steve Glosser, and President Edith Blitzer. Back Row Lance Zavin, Ruth Birenberg, Oscar Ruiz, and Andrea Siegel.

  Judge Torres spoke about the Criminal Court system, the recently passed Raise the Age legislation, the much lower population of inmates at Rikers Island, and took questions from the audience. He began with saying that judges are human, there are many great judges, but there are some who need retraining. He said that it costs Three Thousand dollars per year to house an inmate in prison, and that four to six people can get programs for that cost. 

  When questions came as to how repeat offenders are released again and again Judge Torres said that people can not be kept in jail for low level crimes. He said that the system is not perfect, and must be done on an individual case by case trial. When it came to the new Raise the Age Legislation taking sixteen and seventeen year olds out of the criminal system Judge Torres said that for major crimes they will still be tried in the criminal court system. The court system is defining just which crimes are to be sent to other areas of the court system, and that judges need to learn that. 

  Representatives of the Comptrollers office, Councilman Gjonaj, Assemblywoman Fernandez, and Councilman Torres's office were on hand with information, and 49th Precinct Sector NCO officers Mcdowell and Grossett answered some questions.

Above - Judge Torres answering one of the questions asked of him.

Below - 49th Precinct Sector NCO officers Mcdowell and Grossett.

HISTORIC ELEPHANT PROTECTION INITIATIVE LAUNCHED IN MYANMAR

  The Elephant Project, a leader in innovative wildlife protection strategies, announced today that it has entered into a formal agreement with the Government of the Republic of the Union of Myanmar to relocate elephants from high human-elephant conflict areas to safe zones around the country. Human-elephant conflict is one of the biggest contributors to elephant deaths around the world.

 

U Win Naing Thaw, Director of the Nature and Wildlife Conservation Division, Forest Department Ministry of Natural Resources and Environmental Conservation of The Republic of the Union of Myanmar stated upon the signing of the agreement, “We must find a long-term solution to protecting Myanmar’s critically threatened elephant population and we are optimistic that by working with The Elephant Project we will find that solution.” 

  

The Elephant Project Founder and President Dane Waters stated, “We must take aggressive protective action because extensive deforestation in Myanmar due to historic unsustainable levels of logging has resulted in the reduction of elephants’ natural habitat. This has produced a desperate search by elephants for food in villages and an increase in deadly human-elephant conflicts. Our joint effort will add a layer of protection for Myanmar’s elephants that doesn’t currently exist.”

 

As part of the agreement, the Forest Department and The Elephant Project agree to the following to collaborate on elephant relocation efforts in Myanmar:

1. Identify elephants that need relocation
2. Identify mutually agreeable areas to relocate the elephants
3. Agree to best practices to ensure the health and safety of the elephants during relocation
4. Create a timeline and cost analysis for full implementation of project  

Adam Roberts, Senior Advisor to The Elephant Project stated, “We are excited about this opportunity to launch a vital collaboration with the Forest Department. Our paramount concern is for the welfare of the elephants and every precaution will be taken to ensure the safety, protection and humane care of the elephants during the relocation process.”

 

“This agreement is great news for Myanmar's elephants thanks to The Elephant Project’s commitment to elephant protection in our country. This will save countless elephants in Myanmar which are on the run for survival due to deforestation and poaching,” added U Win Aung, The Elephant Project’s Myanmar based Advisory Board member.

 

In the coming months, The Elephant Project will finalize the relocation plan with the Forest Department and begin this unprecedented effort in Myanmar.

 

In addition to the relocation efforts in Myanmar, The Elephant Project is also funding the building of electric fences in the country that will help keep elephants out of the crops of local villagers. This preventive measure reduces the chance that villagers, whose livelihoods are threatened by elephants searching for food, will either kill the elephants themselves or call in poachers to do it for them.

 

“Helping to end human-elephant conflicts in Myanmar is the first step in our long-term commitment to Myanmar’s elephants. We are extremely optimistic that The Elephant Project, working together with the Government of Myanmar, will help ensure the nation’s elephants will survive, and that our joint efforts will serve as a strong testament to what public-private partnerships can accomplish,” continued Waters.

 

As part of The Elephant Project’s long-term commitment to the country, we propose to establish an elephant sanctuary or a system of sanctuaries in Myanmar that would provide a fully funded model for domestic elephant protection and long-term care. To underwrite the costs of operating the sanctuary in perpetuity, The Elephant Project will develop significant residential and commercial real estate investment opportunities in the country. This development will be located adjacent to the sanctuary and permit non-intrusive viewing of elephants for “ecotourism” and “voluntourism”. This unprecedented effort will inject hundreds of millions of dollars into the Myanmar economy, creating a perpetual and powerful funding source for the sanctuary established to protect the country’s elephant population. It is a win for the government, donors, the Burmese people, and most importantly the elephants.”

Statement from Senator Rivera on PBM Investigations Update

  "In an effort to protect the health and financial stability of New Yorkers, the Senate Committee on Investigations and Government Operations, with the assistance of the Senate Committee on Health, opened an investigation into the practices of pharmacy benefit managers in New York. For the past two months, our teams have been working on this ongoing investigation.

"In an attempt to address some of the serious issues that pharmacists and consumers face, investigators participated in good faith conversations with three major pharmacy benefit managers operating within New York State. Unfortunately, two of the three pharmacy benefit managers have completely halted any further good faith discussions, and as a result, our Committees have jointly submitted a number of proposals to be included in the New York State Senate one-house budget resolution.

"The proposals seek to maximize accountability amid concerns that some or all pharmacy benefit managers are engaged in price manipulation, causing significant harm to local pharmacists and consumers alike."

Below are the relevant Senate one-house budget proposals:

• Limit how much pharmacy benefit managers can charge Medicaid managed care plans by prohibiting the use of spread pricing in Medicaid managed care; 

• Prohibit pharmacy benefit managers from passing along other fees to Medicaid managed care plans;

• Require the registration and licensing of pharmacy benefit managers operating in New York State with the New York State Department of Financial Services. Addition of increased penalties for noncompliance;

• Require pharmacy benefit managers to disclose information to the Department of Financial Services including any financial incentive received by the pharmacy benefit manager for promoting the use of certain drugs, other financial arrangements affecting insurance plans, and other quarterly reports, as the Department requires;

• Authorizes the Department of Financial Services to revoke a pharmacy benefit manager's license if they violate New York State laws or regulations;

• Mandates increased penalties on pharmacy benefit managers for violating New York State laws or regulations;

• Language creating a fiduciary duty between a pharmacy benefit manager and its clients, including that the pharmacy benefit manager must hold funds in trust for its clients;

• Language requiring the pharmacy benefit manager to disclose financial incentives to its customers and/or clients;

• Require pharmacy benefit managers to disclose any potential conflict of interest to customers and/or clients;

• Language prohibiting a pharmacy benefit manager from requiring the substitution of one prescription drug for another in dispensing a prescription drug unless the prescriber approves.
   

"The Committee on Investigations and Government Operations is continuing to examine pharmacy benefit manager practices and will release a report upon the inquiry's conclusion with findings and additional recommendations."

BOROUGH PRESIDENT DIAZ RELEASES ‘BRONX ANNUAL DEVELOPMENT REPORT’

The Bronx saw $3.48 billion in total development in 2018, the most of any year of Borough President Diaz’s tenure

  Bronx Borough President Ruben Diaz Jr. released his “Bronx Annual Development Report” today, highlighting the most successful year in total development funding The Bronx has seen since the borough president took office in 2009.

In 2018 the borough saw $3.48 billion in total investment. The total number is an increase of 25.6 percent over 2017, when the borough saw roughly $2.7 billion in total development investment.

In addition, 8,885 total housing units were developed in The Bronx in 2019, the most of any year since 2009. This includes 4,225 units built with government subsidies.

“We continue to attract tremendous interest from all sectors, and we are making that growth work for all Bronx residents,” said Bronx Borough President Ruben Diaz Jr. “In 2018 not only did we attract the most development dollars of any year since I first took office we also built the most subsidized housing units of any year in the past decade, helping to keep Bronx families in their communities and providing new housing opportunities at the lowest income levels. As we continue the positive redevelopment of The Bronx we are making sure that our efforts work for everyone.”

The full report can be read at https://on.nyc.gov/2HfUffG.

The “Bronx Annual Development Report” also illustrates the year-to-year investment and construction The Bronx has played host to since 2009, when Borough President Diaz first took office.

The borough has seen more than $18.9 billion in total development, as well as more than 96.7 million square feet of total development construction since 2009. Also, a total of 45,332 residential units have also been constructed in The Bronx since 2009, with more than half of those units—23,110—having been developed with government subsidies.

Borough President Diaz will discuss this report at greater length at this evening’s 1010 WINS Neighborhood Spotlight Series. That event will take place at Manhattan College’s Smith Auditorium, 4513 Manhattan College Parkway, The Bronx. The event opens at 5:30 p.m., and the program begins at 6:30 p.m.

Attorney General James Obtains $105,000 For Homeowners Following Condo Developer's Failure To Disclose Deed Restrictions For City Island Properties

City Island Reserve LLC Withheld Critical Environmental Information Related to the Homes, Exposing Unsuspecting New Yorkers to Unnecessary Financial Risk

  Attorney General Letitia James today announced a settlement with City Island Reserve LLC and its principal Curtis A. Pollock based on their failure to disclose two consent orders, deed restrictions, and other regulations restricting the use of property at the On the Sound Condominium on City Island in the Bronx, New York. Under the terms of the settlement, the developer will pay $105,000 in restitution to the board of the On the Sound Condominium. 

“No developer should ever get away with deceiving homeowners,” said Attorney General Letitia James. “Failing to disclose the legal restrictions on someone’s home is not only unlawful, but can have long-term financial impacts on New Yorkers. My office will continue to take on developers or landlords who try to harm New York residents.” 

The On the Sound Condominium is a forty-three unit residential condominium on Island Point Road on City Island in the Bronx, New York. The developer failed to disclose a range of facts about legal restrictions on the use of land in the condominium, including that: 

• Portions of the condominium are designated as “Tidal Wetlands” under New York’s Tidal Wetlands Act, which imposes certain environmental regulations on the use of the land;
• The developer had entered into two consent orders with the New York State Department of Environmental Conservation (DEC) for violations of various environmental regulations during construction of the On the Sound Condominium; 

• The developer recorded a restrictive declaration on every unit in the condominium, which, among other things, prohibits unit owners from using herbicides or fungicides and which requires the homeowners to obtain permission from DEC before making any changes to the condominium’s layout or landscaping. 

Developers are legally required to submit all relevant information regarding property regulations and restrictions in advance of selling any units or property. When such information is withheld from homeowners, they could face significant and unnecessary fines. 

Former KPMG Executive And Former PCAOB Employee Convicted Of Wire Fraud For Scheme To Steal And Use Confidential PCAOB Information

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that DAVID MIDDENDORF, who was the National Managing Partner for audit quality at the accounting firm KPMG LLP (“KPMG”), and JEFFREY WADA a former employee of the Public Company Accounting Oversight Board (the “PCAOB”), were convicted of wire fraud charges in connection with their scheme to defraud the PCAOB by obtaining, disseminating, and using confidential lists of which KPMG audits the PCAOB would be reviewing so that KPMG could improve its performance in PCAOB inspections. 

U.S. Attorney Geoffrey S. Berman said:  “As this trial revealed, David Middendorf and Jeffrey Wada were two links in a chain of corruption, where confidential PCAOB inspection information was taken at the behest of high-level executives at KPMG so they could cheat on inspections.  This confidential information was critical to the PCAOB and its core mission of ensuring audit quality.  As a unanimous jury found, the actions of Middendorf and Wada defrauded the PCAOB.”

According to the evidence presented during the trial:

The PCAOB is a nonprofit corporation overseen by the SEC that inspects the audit work performed by registered accounting firms (“Auditors”) with respect to the financial statements of publicly traded companies (“Issuers”).  The PCAOB inspects the largest U.S. accounting firms on an annual basis.  As part of the inspection process, the PCAOB chooses a selection of audits performed by the accounting firm for a closer review, commonly referred to as an inspection.  Until shortly before an inspection occurs, the PCAOB does not disclose which audits are being inspected, or the focus areas for those inspections, because it wants to ensure that an Auditor does not perform additional work or modify its work papers in anticipation of an inspection.  Following the completion of an inspection, the PCAOB issues an Inspection Report containing any negative findings or “comments” with respect to both the specific audits reviewed and the accounting firm more generally. 

KPMG is one of the largest accounting firms in the world.  In recent years, KPMG fared poorly in PCAOB inspections, and in 2014 received approximately twice as many comments as its competitor firms.  By at least in or about 2015, KPMG was engaged in efforts to improve its performance in PCAOB inspections, including but not limited to recruiting and hiring former PCAOB personnel.  At the time, MIDDENDORF was head of KPMG’s National Office, also known as the Department of Professional Practice (the “DPP”), which was broadly responsible for the quality of KPMG’s audits and KPMG’s performance in PCAOB inspections. 

KPMG’s efforts to improve inspection results, however, were not limited to legitimate means.  Instead, between 2015 and 2017, MIDDENDORF and others worked illicitly to acquire valuable confidential PCAOB information concerning which KPMG audits would be inspected in an effort to game the system and improve inspection results.  For example, beginning in 2015, Brian Sweet, a former PCAOB employee who had joined KPMG, provided MIDDENDORF, Thomas Whittle, and others with the PCAOB’s confidential 2015 list of inspection selections, at MIDDENDORF’s request, so that the information could be used by MIDDENDORF, Whittle, and others, to improve KPMG’s performance on PCAOB inspections. 

WADA was an Inspections Leader at the PCAOB, who was obligated to keep confidential the PCAOB’s nonpublic information.  WADA joined the conspiracy in the fall of 2015 and began passing confidential information to KPMG.  In March 2016, WADA provided Cynthia Holder, a KPMG employee, with confidential information on certain of the PCAOB’s 2016 inspection selections.  Holder, in turn, provided the 2016 inspection selections to Sweet, who passed them to MIDDENDORF, Whittle, and others.  MIDDENDORF, Whittle, Sweet, and others then agreed to launch a stealth program to “re-review” the audits that had been selected, and agreed to keep their stealth re-reviews within their “circle of trust.”  In order to cover up their illicit conduct, other KPMG engagement partners were given a false explanation for the re-reviews.  The stealth re-review program allowed KPMG to strengthen its work papers.

In January 2017, WADA, who had been passed over for promotion at the PCAOB, again stole valuable confidential PCAOB information, misappropriating a preliminary list of confidential 2017 inspection selections for KPMG audits and passing it on to Holder, referring to it in a voicemail as the “grocery list.”  At the same time, WADA provided Holder with his resume and sought her assistance in helping him to acquire employment at KPMG.  Sweet internally shared the preliminary inspection selections provided by WADA with Whittle, another co-conspirator, who in turn shared it with MIDDENDORF, who approved its use to improve the audits on the list.

In February 2017, WADA texted Holder saying, “I have the grocery list. . . . All the things you’ll need for the year.”  WADA then spoke to Holder and provided her with the full confidential 2017 final inspection selections.  Holder again shared the stolen information with Sweet, who shared it with MIDDENDORF, Whittle, and others, so that it could be acted upon to improve the audits on the list. 

In 2017, a KPMG partner learned from Sweet that one of her audits was on the PCAOB inspection list, and she reported the matter to her supervisor.  The matter was then ultimately reported to KPMG’s Office of General Counsel.

MIDDENDORF, 54, was convicted of one count of conspiracy to commit wire fraud (Count Two) and three counts of wire fraud (Counts Three, Four, and Five).  WADA, 43, was convicted of one count of conspiracy to commit wire fraud (Count Two) and two counts of wire fraud (Counts Four and Five).  The conspiracy to commit wire fraud and wire fraud charges each carry a maximum prison term of 20 years.  MIDDENDORF and WADA were each acquitted of one count of conspiracy to defraud the United States (Count One). 

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Berman praised the outstanding investigative work of the United States Postal Inspection Service and also thanked the Securities and Exchange Commission.