Wednesday, July 15, 2020

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic


1.30 Percent of Yesterday's COVID-19 Tests were Positive

9 COVID-19 Deaths in New York State Yesterday

Confirms 831 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 404,006; New Cases in 47 Counties

  Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"New Yorkers brought the curve down by making big changes, and we see that work reflected in the numbers every day," Governor Cuomo said. "But we must continue to be smart - by wearing a mask, social distancing and washing our hands, we all have a role to play in protecting the progress we've made and leading the rest of the nation by example. We cannot go back to the hell we experienced three months ago, so please stay vigilant and New York Tough."

Today's data is summarized briefly below: 

  • Patient Hospitalization - 831 (+11)
  • Patients Newly Admitted - 94 (+23)
  • Hospital Counties - 31
  • Number ICU - 165 (-2)
  • Number ICU with Intubation - 94 (-7)
  • Total Discharges - 71,782 (+90)
  • Deaths - 9
  • Total Deaths - 25,003

New Yok Man Charged With Wire Fraud In Alleged Multi-Million Dollar Cryptocurrency Investment Scheme


Defendant Allegedly Conned His Victims Into Investing More Than $4.5 Million In Assets

  Douglas Jae Woo Kim has been charged in a criminal complaint with wire fraud in connection with a multi-million dollar scheme to raise money for bogus cryptocurrency investments announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John L. Bennett.

Kim, 27, of New York, NY, made his initial federal court appearance before U.S. Magistrate Judge Sallie Kim this morning to face the charge.  The allegations describing the crime appear in an affidavit filed together with the complaint on July 9, 2020.  According to the complaint and affidavit, Kim represented to friends and acquaintances that he was a cryptocurrency trader and requested loans for business purposes or to trade cryptocurrency.  The complaint describes how Kim used cryptocurrencies, including Bitcoin (BTC) and Ether (ETH) to finance transactions as part of the scheme and how, on multiple occasions, he transferred some or all of the assets he received from his victims to online gambling sites operating outside the United States. 
According to the affidavit, in October 2017, Kim contacted a victim by text message and said he was looking for investors interested in making what he called a short-term loan for a “fairly modest operation.”  According to Kim, he was investing in a cryptocurrency operation in which he would make profit from fees charged to a peer-to-peer network and from exchange transactions. Kim represented to the victim that he already had $300,000 to $400,000 in financial holdings and that the operation “isn’t very risky to me.” Kim later emailed the victim details of the investment.  Shortly after receiving cryptocurrency from the victim to finance the investment, Kim transferred about half of it to a bitcoin sportsbook and casino located outside the United States.
In an agreement dated January 1, 2018, Kim set out the terms of similar investment with a second victim.   The agreement called for the victim to provide ETH valued at approximately $200,000.  The same day, Kim converted more than half of the funds to BTC and, in the following days, transferred substantially all the converted cryptocurrency to his account with an offshore casino. 
In the ensuing weeks and months, Kim convinced his victims to provide funds, all or part of which were transferred to cryptocurrency gambling sites.  In sum, Kim convinced his victims to provide to him over $4.5 million.  According to the affidavit, Kim’s victims all stated they would not have loaned money to Kim if they had known he was using the proceeds for gambling purposes.
Kim is charged with one count of wire fraud, in violation of 18 U.S.C. § 1343. 
The complaint merely alleges that a crime has been committed, and Kim, like all defendants, is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, he faces a maximum statutory penalty of up to 20 years in prison and a fine of $250,000 or twice the gross gain or loss resulting from the scheme.  In addition, the court may order additional terms of supervised release and restitution.  However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Governor Cuomo Announces New York State to Send PPE, Test Kits to Atlanta to Help with COVID-19 Response


Initial Delivery of 7,500 Test Kits, 7,500 Masks, 7,500 Gowns, 
7,500 Gloves, 7,500 Face Shields, 1,250 Gallons of Hand Sanitizer Will be Delivered by Friday

  Governor Andrew M. Cuomo today announced that New York State will send PPE and test kits to Atlanta to help with ongoing COVID-19 response efforts as the city struggles with a resurgence of cases. Earlier this week, at the request of Atlanta Mayor Keisha Lance Bottoms, the Governor announced the State will deploy resources to teams in Atlanta, as well as share expertise on contact tracing and provide technical assistance to support Atlanta's contact tracing program.

"During New York's greatest hour of need, other states sent volunteers, masks and equipment to help us flatten the curve and save lives. We are incredibly grateful to the 30,000 volunteers and donations that came to us during that hell. Now that we have flattened the curve and our numbers are strong, we are paying it forward to places like Atlanta, where Mayor Bottoms has been an aggressive and effective leader fighting this virus," Governor Cuomo said. "We have people who have been through this and know how to fight COVID-19, and we stand ready to aid states and localities in whatever way we can. Today, on behalf of the family of New York, we will deploy test kits and PPE to Atlanta as they struggle with surging cases."

The initial delivery of the following equipment will be delivered to Atlanta by Friday:

  • 7,500 VTM Test Kits
  • 7,500 Gowns
  • 7,500 Gloves
  • 7,500 N95 Masks
  • 7,500 Face Shields
  • 2.5 pallets of Styrofoam Coolers
  • 1,250 Gallons of Hand Sanitizer

Former Rikers Correctional Officer Pleads Guilty To Smuggling Contraband For Inmates


  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Margaret Garnett, the Commissioner of the New York City Department of Investigation (“DOI”), announced today that JOSHUA ALBA pled guilty before United States Magistrate Judge Robert W. Lehrburger to one count of conspiring to commit honest services wire fraud, for his role in smuggling packages containing contraband to inmates detained at the Anna M. Kross Center (“AMKC”) on Rikers Island, in return for thousands of dollars in cash bribes. 

Acting U.S. Attorney Audrey Strauss said:  “As he has now admitted, Joshua Alba abused his authority as a correctional officer to smuggle contraband into a prison facility in return for cash bribes.  Contraband smuggling schemes threaten the security of our prisons and jeopardize the safety of inmates and other guards, and my office will continue to aggressively pursue those correctional officers who betray their duties for the lure of easy money.”
FBI Assistant Director William F. Sweeney Jr. said:  “Keeping illegal contraband out of our jails is an ongoing challenge for corrections officers. It’s hard to imagine why an insider on the job would assist with this process, the results of which put everyone in the facility at risk. There’s no excuse for this type of irresponsible and illegal behavior. Today’s arrest has effectively landed Alba on the other side of the law.”
DOI Commissioner Margaret Garnett said:  “This former City Correction Officer allegedly used his access and influence to funnel contraband into Rikers Island in exchange for thousands of dollars in cash, according to the charges. This scheme isn’t original; it isn’t inventive, but it is dangerous for staff and inmates and must be acted on swiftly through rigorous investigation and prosecution. DOI thanks the Acting U.S. Attorney for the Southern District of New York and the New York Field Office of the FBI for their partnership in uncovering this alleged crime.”
According to allegations in the criminal complaint, the information, and other documents filed in federal court, as well as statements made in public court proceedings:
Rules and regulations promulgated by the New York City Department of Correction (“NYCDOC”) prohibit correction officers and other staff from introducing or delivering contraband into NYCDOC facilities, and provide that “[e]mployees shall not enter into any transaction with an inmate, nor carry, convey, or make accessible to an inmate within a facility/command any intoxicant, opiate, narcotic, or other contraband article, nor traffic with an inmate in any manner.”
As alleged in the Information and Complaint, and as he admitted today in court, at various points during the course of this scheme JOSHUA ALBA flouted those rules and regulations by agreeing to deliver contraband, including tobacco, to a particular inmate (“Inmate-1”), who was housed in the section of the AMKC to which ALBA typically was assigned during his tours of duty in return for cash bribes.  ALBA obtained the contraband from an individual in the Bronx (“CC-1”), who arranged the deliveries in coded conversations with Inmate-1 that occurred over recorded prison phone calls.  ALBA made these contraband deliveries from at least December 2018 until July 2019, in return for at least $5,000 in cash bribes.
ALBA, 30, of Queens, New York, pled guilty to one count of conspiracy to commit honest services wire fraud, which carries a maximum sentence of 20 years in prison.  The maximum potential sentence in this case is prescribed by Congress, and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. ALBA is scheduled to be sentenced by United States District Judge Lorna G. Schofield on a date to be determined.
Ms. Strauss praised the outstanding investigative work of the FBI and DOI. 

Governor Cuomo Announces Special Health Insurance Enrollment Extension Through NY State of Health Marketplace


Special Enrollment for Uninsured New Yorkers Will Extend for Additional 30 days and Remain Open Through August 15, 2020

  Governor Andrew M. Cuomo today announced that the Special Enrollment Period for uninsured New Yorkers will be extended for another 30 days, through August 15, 2020, as the State continues to provide supportive services during the COVID-19 public health crisis. New Yorkers can apply for coverage through NY State of Health, New York State's health insurance marketplace, or directly through insurers.

"During these difficult and unprecedented times, access to quality, affordable health care is critically important to New Yorkers' well-being," Governor Cuomo said. "While we're continuing to move in the right direction, we know we're not out of the woods yet and by extending the open enrollment period we're making sure New Yorkers who need affordable health care coverage can get it and help keep themselves and their families safe."

NY State of Health Executive Director, Donna Frescatore said, "At this unprecedented time in our state and nation's history, we want to remind New Yorkers that NY State of Health is here as a safety net. Individuals can find and enroll in affordable, comprehensive health insurance coverage, and our Customer Service Center and enrollment assistors are available to help with this process."  

Superintendent of Financial Services Linda A. Lacewell said, "New York bent the curve but it remains critically important for all New Yorkers to have access to quality and affordable commercial health insurance. This special enrollment period extension is one of the many ways New York is continuing to work together with the commercial health industry to serve the needs of vulnerable New Yorkers. DFS is proud to be a part of this effort to keep New Yorkers healthy and safe."

NY State of Health, together with the State Department of Financial Services and New York State insurers, are taking this action in light of the COVID-19 public health emergency so that individuals do not avoid seeking testing or medical care for fear of cost. Individuals who have lost employer coverage must apply within 60 days of losing that coverage and individuals who have lost income may be eligible for Medicaid, the Essential Plan, Child Health Plus, or subsidized Qualified Health Plans.

Individuals who enroll in Qualified Health Plans through NY State of Health or directly through insurers by August 15, 2020 will have a choice of coverage start date either August 1 or September 1, 2020.  Individuals who are eligible for other NY State of Health programs - Medicaid, Essential Plan and Child Health Plus - can enroll year-round.  Finally, as directed by Governor Cuomo, all New York insurers have waived cost sharing for COVID-19 testing. 

As always, consumers can apply for coverage through NY State of Health online at nystateofhealth.ny.gov, by phone at 1-855-355-5777, and by connecting with a free enrollment assistor

Additional information on NY State of Health insurance options during the Coronavirus emergency can be found here. Department of Financial Services information and resources during the Coronavirus emergency can be found here.

AG James and DA Gonzalez Partner to Expand Housing Protection Initiative


“Protect Our Homes” Initiative to Combat Deed Theft Will Now Also Focus on Illegal Evictions

   New York Attorney General Letitia James and Brooklyn District Attorney Eric Gonzalez today announced that they will be expanding their joint homeowner protection initiative to include protections for renters in New York City. The “Protect Our Homes” initiative, launched in January 2020 to educate New Yorkers about deed theft and other housing scams, will now include support for New Yorkers threatened with illegal evictions and other issues plaguing renters. In the wake of the COVID-19 pandemic and economic recession, more New Yorkers are struggling to remain in their homes, and as a result, there is an increased risk for illegal evictions, deed theft, and other housing scams.

In January 2020, Attorney General James launched the office’s “Protect Our Homes” initiative with the formation of an interagency taskforce to focus on deed theft and homeowner fraud issues. The taskforce includes District Attorneys from all five boroughs in New York City and the New York City Sheriff’s Office. Attorney General James and District Attorney Gonzalez will convene a meeting of the expanded taskforce on Thursday, July 16, that will include The Legal Aid Society, Legal Services NYC, and other providers of eviction prevention services in New York City. The taskforce will now expand its efforts to include issues targeting renters and evictions.
“In the wake of the COVID-19 pandemic, we are on the verge of an acute housing crisis in New York,” said Attorney General James. “Longtime homeowners in New York City were already grappling with deed theft fraud, and economically challenged renters will soon be facing evictions. I am committed to working with District Attorney Gonzalez and our other government and legal service partners to use a combination of education and enforcement to help our neighbors stay in their homes.”
“The impending housing crisis in Brooklyn will have devastating effects on our community,” said Brooklyn District Attorney Gonzalez. “We must do everything in our power to protect homeowners and renters from unscrupulous actors. I look forward to continue working with Attorney General James to ensure every Brooklynite can be safe in their home.”
As housing courts begin to reopen and the eviction moratoriums lift, New Yorkers who lost their jobs and income due to the COVID-19 pandemic are at high risk for eviction. The taskforce will discuss emerging trends that are putting people at risk of displacement, review complaints, and take appropriate action as needed. The taskforce will also work to educate renters facing eviction about their rights, and, as appropriate, connect them with lawyers through New York City’s Right to Counsel law.

Attorney General James Stops Sales of “Ghost Guns” Into New York


17 Websites to Stop Selling Partially Built Firearms Components, in Aid of Violation of State Assault Weapons Ban

  New York Attorney General Letitia James today announced that 17 websites that manufacture and/or sell firearms or firearms components have ceased selling nearly complete assault weapons into New York state, after she directed the companies behind these websites to do so last year. In September 2019, Attorney General James sent cease and desist letters to these companies, each of which was selling incomplete weaponry pieces that could be easily assembled into illegal assault weapons. The possession, manufacture, and sale of assault weapons is illegal in New York, but these companies have been providing the means to violate the state’s assault weapons ban. These companies often specifically advertise their products in a way to evade law enforcement with phrases like, “If they don’t know you have it, they can’t take it.”

“Ghost guns are built, marketed, and sold for one reason and one reason alone — to evade detection of dangerous weapons,” said Attorney General James. “These companies were selling our state’s residents the components to build illegal assault weapons that would endanger each and every New Yorker. Today, as the coronavirus continues to rage across our state and the rest of the nation, gun sales are at new highs, so the last thing we need to do is to allow more illegal assault weapons to flood our already saturated streets. We will continue to fight against the proliferation of ghost guns and assault weapons that only cause death and destruction.”
The 17 sites were selling unfinished lower receivers — composed of either metal or plastic — which hold the upper, lower, and rear portions of a semiautomatic rifle together and are responsible for the actual “firing” of the bullet. Aside from a fully assembled firearm, the lower receiver is the only piece that is independently considered a firearm and is thus subject to federal regulation. However, an incomplete lower receiver — lacking certain holes, slots, or cavities — is not considered a firearm. The companies operating these websites have specifically been marketing their lower receivers as “80%” complete, in order to evade federal regulations. Purchasers on these websites must only make a few small changes with a common drill press to transform an unfinished receiver into a fully operational one. That’s why many of these sellers also sell specialized jigs — or stencil-like precision tools that help guide a drill press — that are specifically designed to aid the milling process for a lower receiver. Once milled, the receiver may be readily assembled into a fully-assembled, illegal assault weapon, typically unregistered and not branded with a serial number. As a result, sellers frequently refer to these products as “ghost guns” because they are virtually untraceable. They do not require that the buyer hold a federal firearms license or submit to a background check.
In her cease and desist letters, Attorney General James stated that these sellers were unlawfully promoting the possession of illegal weapons and did not adequately warn consumers that manufacturing or assembling an assault weapon in New York state is illegal, which could subject them to disgorgement, restitution, and penalties of up to $5,000 for each violation. The websites have now enacted technical changes to prohibit orders into New York state or posted prominent disclosures that inform customers that they will not ship into New York, or a combination of both.
Attorney General James has made the removal of ghost guns in New York a priority while in office. In January, Attorney General James and a coalition of attorneys general filed a lawsuit challenging the Trump Administration’s efforts to allow 3D-printed gun files to be released on the internet. These files would allow anyone to go online to simply use easily, downloadable files with specifications for particular guns, including AR-15s, and then manufacture unregistered and untraceable 3D-printed firearms, in essence, another type of ghost gun. In March, Attorney General James and the coalition secured a preliminary injunction that stopped the Trump Administration from continuing to evade enforcement of the law as it is currently written. And in April — as the coronavirus disease 2019 (COVID-19) continued to spread across the nation and the proliferation of guns increased as well, Attorney General James and the coalition urged U.S. Secretary of State Michael Pompeo and U.S. Attorney General William Barr to enforce federal laws and stop companies from disseminating dangerous files for 3D-printed gun files on the internet.
The Office of the Attorney General (OAG) has, for years, been at the forefront of combatting the proliferation of ghost guns. In September 2015, the OAG announced a 32-count indictment in “Operation Ghostbuster,” which marked the first state law enforcement agency in the nation to indict, and subsequently prosecute, individuals on charges of assembling and selling ghost guns. Additionally, in January 2019, the OAG announced a 41-count indictment in “Operation Punch-Out,” where a ghost gun was one of a number of firearms retrieved and an individual was prosecuted.

Comptroller Stringer Calls on Congress to Invest $50 Billion in Child Care Programs


Underscores urgent need to stabilize child care programs on brink of collapse due to rising costs, decreasing revenues, and limited government funding
Only 18 percent of child care programs nationwide expect to be open in 2021, putting working families, especially frontline workers and women of color, and the economy at risk
Stringer: “A commitment of $50 billion in federal stimulus for child care is an overdue and necessary down payment on the communities who have carried our local economies on their backs for years – and have gotten too little in return.”
  New York City Comptroller Scott M. Stringer sent a letter to Senate Majority Leader Mitch McConnell and House of Representatives Speaker Nancy Pelosi calling for an investment of at least $50 billion in a Child Care Stabilization Fund, as proposed in the Child Care Is Essential Act. Comptroller Stringer underscored the urgent need to stabilize child care programs on the brink of collapse due to sharply rising costs amid the COVID-19 pandemic and plummeting revenues with enrollment down on average by 67 percent.
The Comptroller spotlights that less than a third of child care businesses in New York City received U.S. Department of the Treasury Paycheck Protection Program (PPP) loans, among the lowest rates of receipt of any industry across the five boroughs, and according to a new national survey, an alarming 82 percent, or four in five, of child care programs expect to be closed in 2021.
Comptroller Stringer stressed that permanent closures of this scale would have a devastating impact on New York City as a whole, hurting working families, especially frontline workers and women of color, and any chance for an equitable economic recovery.
The full letter is available below and can be found here.
Dear Leader McConnell and Speaker Pelosi:
I write today to implore you, as leaders of your respective parties and chambers in Congress, to ensure that the next coronavirus stimulus package includes an investment of at least $50 billion for a Child Care Stabilization Fund, as proposed in the Child Care Is Essential Act (S.3874/H.R.7027). As the chief financial officer of New York City, the largest municipal economy in the United States and for months the epicenter of the nation’s fight against COVID-19, I know we will not be able to “restart” our economy or realize an equitable recovery if we do not target more resources toward stabilizing the child care workforce, many of whom have been on the frontlines of this deadly virus – at great cost to themselves and their families. And as a parent of two young boys, I know firsthand how critical a safe, consistent child care arrangement is to our children’s healthy development, especially during these difficult times, and to our ability to work to continue to provide for our children. Any relief package that fails to recognize these foundational needs will do irreparable harm to working families in New York City, and across the country.
For decades, government, at all levels, has largely ignored child care, leaving it to individual families to try to make it work and find an option they can afford from a market starved for resources. The fruits of that disinvestment have long been on display in the forms of gender and racial inequity in the labor market, persistent achievement gaps among children, and low early educator pay, but they are magnified now, with families facing immense financial pressures and a real need for additional income at the same time that the child care sector is on the brink of collapse. To be clear: the math didn’t work without public investment before the pandemic. Now, it’s an impossible equation.
According to a recent national survey of child care programs by the National Association for the Education of Young Children, 86 percent of providers are caring for fewer children than they were pre-COVID, with enrollment down on average 67 percent. Given that most programs rely on private tuition from families to cover expenses, sometimes in addition to limited government subsidies, under-enrollment has resulted in decreasing revenues. Unfortunately, this is happening at the same time that expenses are rising. The vast majority of respondents in that same survey are paying more out of pocket for cleaning supplies and PPE, with child care centers spending upwards of $3,000 more on average each month. This is consistent with what my office is hearing from New York City providers, who are in some cases having to spend many thousands of dollars just in preparation to reopen with the necessary safety precautions in place.
Meanwhile, financial assistance for the sector – and for families in need of care – has to date fallen far short of the need. According to an analysis of U.S. Department of the Treasury Paycheck Protection Program (PPP) loan data by my office, less than a third of child care businesses in New York City received PPP loans, among the lowest rates of receipt of any industry across our five boroughs. And while I remain appreciative of the $3.5 billion allocated to states to help stabilize the child care sector that was included in the CARES Act, the $164 million distributed to New York in April is nowhere near enough to cover the expenses providers are incurring to meet new health and safety guidelines, let alone to deliver the financial assistance families need in this moment to be able to afford quality care. The Center for Law and Social Policy, National Women’s Law Center, and Aaron Sojourner estimate that $9.6 billion in new federal funding is needed each month just to sustain the existing system.
Child care programs in New York City are committed to providing high-quality and safe care to the children of families who need their services amid this pandemic—indeed, family child care and emergency programs have been open for business across the city throughout the crisis—but they operate on the slimmest of margins in good times and simply do not have the resources to continue operating with these additional costs. It is no surprise to me, then, that only 18 percent of child care programs nationwide expect to be open in a year. Put another way, four in five programs may be closed come 2021.
Permanent closures of this scale would have a devastating impact on New York City’s economy and take away any chance of an equitable recovery. And it will be women, and women of color in particular, who will be disproportionately harmed if we do not act as they comprise the vast majority of the educators at risk of unemployment, as well as the single parents and secondary earners who will be forced to navigate exceedingly complex schedules, reduce their work hours, or leave the workforce altogether to assume additional unpaid care responsibilities. Our businesses and our economy will suffer for it.
A commitment of $50 billion in federal stimulus for child care is an overdue and necessary down payment on the communities who have carried our local economies on their backs for years – and have gotten too little in return. It is one of the best investments we can make, and one that this moment demands. Fortunately, existing legislation, the Child Care Is Essential Act, offers a roadmap for establishing a Child Care Stabilization Fund to distribute these dollars to states. The bill, introduced in the U.S. Senate and U.S. House of Representatives by Senator Patty Murray and Representative Rosa DeLauro respectively, would provide grants to child care programs to cover fixed and COVID-related expenses and should be immediately advanced to sustain the sector during the pandemic.
In the longer term, it is critical that Congress significantly increase annual appropriations for care. Prior to the current crisis, my office reported that nearly half of New York City neighborhoods were infant care deserts, having capacity for less than 20 percent of neighborhood children under two, and only seven percent of infants and toddlers were in any publicly-funded care at all. So while we take steps to preserve the supply we do have, we must not forget that we were already failing parents and providers and that there is much more work to do. More federal resources will be needed in the coming months and years if we are to ever realize a system of care that offers truly universal access to quality settings and dignified, living wages for all caregivers, among our most essential workers.
Thank you for your attention to this important issue. My office stands ready to assist in these efforts in any way moving forward.
Sincerely,
Scott M. Stringer
New York City Comptroller