Monday, October 5, 2020

4 Members Of Violent Bronx Gang Sentenced In Connection With Multiple Acts Of Gun Violence

 

The Defendants’ Conduct Included the Shooting of an Off-Duty Police Officer in October 2018

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that four members of the “Jack Boyz” street gang have been sentenced in connection with the October 30, 2018, shooting of an off-duty NYPD officer and other Bronx violence.  NAZAE BLANCHE, a/k/a “Zae,” was sentenced yesterday to 14 years in prison.  Previously, LEON SMALLS, a/k/a “Smoove,” was sentenced on August 27, 2020, to 15 years in prison; PATRICK AVILA, a/k/a “Pat,” was sentenced on September 24, 2020, to 12 years in prison; and JALEN COLDS, a/k/a “Jay Gunz,” was sentenced on September 29, 2020, to 16 years in prison.  All four defendants were sentenced by United States District Judge Valerie E. Caproni.  Each defendant previously pled guilty to using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which firearm was discharged or brandished, in violation of Title 18, United States Code, Section 924(c).   

Acting U.S. Attorney Audrey Strauss said:  “From 2017 through 2019, Leon Smalls, Patrick Avila, Jalen Colds, and Nazae Blanche, all members of the Jack Boyz gang, engaged in senseless violence against their gang rivals in the Bronx.  Now they face significant prison time for their actions.  We thank the NYPD for its outstanding work on this case.”

According to allegations in the Indictment and other documents filed in federal court, as well as statements made in public court proceedings:

The Jack Boyz is a criminal enterprise involved in committing numerous acts of violence, including shootings, in and around the Bronx.  Members and associates of the Jack Boyz engage in violence to retaliate against rival gangs, to promote the standing and reputation of the Jack Boyz, and to protect the gang’s narcotics business.  Members and associates of the Jack Boyz enrich themselves by committing robberies and selling drugs.

On October 30, 2018, SMALLS, AVILA, COLDS, BLANCHE, and others engaged in a shootout with gang rivals, during which a nearby off-duty police officer was shot.  In addition to this shooting, the defendants each engaged in other acts of violence in the Bronx and Manhattan from 2017 through 2019.  As part of their plea agreements, the defendants pled guilty to these additional violent acts.  In total, these defendants pled to participating in four additional Bronx shootings in 2017 and 2018, as well as a Manhattan assault and robbery in 2019.  Multiple victims were injured during these incidents.        

Ms. Strauss praised the outstanding investigative work of the New York City Police Department. 

11 Union Officials Charged With Racketeering, Fraud, And Bribery Offenses

 

Defendants Allegedly Agreed to Accept Dozens of Bribes to Corruptly Influence the Construction Industry At the Expense of Labor Unions and Their Members

 Ilan Graff, Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, and Timothy D. Sini, Suffolk County District Attorney, announced today the return of an indictment charging JAMES CAHILL, CHRISTOPHER KRAFT, PATRICK HILL, MATTHEW NORTON, WILLIAM BRIAN WANGERMAN, KEVIN MCCARRON, JEREMY SHEERAN, a/k/a “Max,” ANDREW MCKEON, and ROBERT EGAN with racketeering, fraud, and bribery offenses, in connection with their acceptance of payments in their roles as current and former union officials to corruptly influence labor-management relations in the construction industry.  SCOTT ROCHE and ARTHUR GIPSON are charged with fraud and bribery offenses.  The defendants are current and former union officials with Local 638 of the Enterprise Association of Steamfitters (“Local 638”) and Local Union 200 of the United Association of Journeyman and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada (“Local 200”).  CAHILL is the president of the New York State Building and Construction Trades Council (the “NYS Trades Council”), which represents over 200,000 unionized construction workers, and a member of the executive council for the New York State American Federation of Labor and Congress of Industrial Organizations (the “NYS AFL-CIO”).  As alleged, since in or around October 2018, the defendants agreed to accept dozens of bribes, totaling over $100,000, in exchange for which they used their authority to corruptly influence the construction industry at the expense of labor unions and their members. 

All of the defendants were arrested yesterday afternoon or earlier today and will be presented this afternoon before United States Magistrate Judge Robert W. Lehrburger.  The case is assigned to Chief United States District Judge Colleen McMahon.

Attorney for the United States Ilan Graff said:  “As alleged, the defendants exploited their labor organization positions to line their own pockets.  They did so at the expense of the unions and their members by accepting bribes to favor non-union employers and corruptly influence the construction trade.  Today’s indictment reflects our commitment to rooting out corruption and bringing to justice those who abuse positions of power out of personal greed.  We thank the Suffolk County District Attorney’s Office for their partnership in this case.”

Suffolk County District Attorney Timothy D. Sini said:  “As alleged in today’s indictment, these union officials – who purported to be the ones looking out for workers and their rights – were in fact engaged in an enterprise of corruption at the expense of the hardworking men and women they claimed to represent. This was a complete betrayal of these unions and their membership. Our two-year wiretap investigation uncovered a shocking level of greed and corruption, and the investigation is very much ongoing. I want to thank the U.S. Attorney’s Office for the Southern District of New York for partnering with my office on this investigation and for working with us to hold these alleged bad actors accountable in federal court.”

According to the allegations in the Indictment[[1]]:

JAMES CAHILL, CHRISTOPHER KRAFT, PATRICK HILL, MATTHEW NORTON, WILLIAM BRIAN WANGERMAN, KEVIN MCCARRON, JEREMY SHEERAN, a/k/a “Max,” ANDREW MCKEON, and ROBERT EGAN, are members of an enterprise (the “Enterprise”) comprising current and former officials of Local 638, a union with jurisdiction over pipe fitting in New York City and Long Island.  The Enterprise was a criminal organization whose members agreed to engage in, among other activities, honest services fraud, receipts of bribes as labor union officials, and unlawful receipt of payments to labor organizations.  Members of the Enterprise conspired to accept cash bribes, as well as bribes in the form of “loans” that were never repaid, free meals and drinks, free labor on personal property, and purchases of home appliances.  Since in or around October 2018, the defendants accepted dozens of bribes, totaling over $100,000.

JAMES CAHILL was the leader of the Enterprise.  In addition to being president of the NYS Trades Council and a member of the NYS AFL-CIO’s executive council, CAHILL is also a former business agent of Local 638, and a former international representative of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada.  As the Enterprise’s leader, CAHILL influenced Local 638’s elections and installed loyal associates into official positions within Local 638.  CAHILL initiated several Local 638 officials into the Enterprise so they could accept bribes and expand their influence.  For example, after CAHILL brought defendant PATRICK HILL into the Enterprise as a union official who would – and did – accept bribes, CAHILL told a non-union employer from whom CAHILL and HILL had received bribes (“Employer-1”): “Here’s the thing.  I give you Paddy [HILL].  But if Paddy fucks up and does stupid things, you have to tell me . . . I got my guys, I got the guys who come to me, and you know that, and everyone knows who comes to me.”  CAHILL told HILL, following HILL’s receipt of a bribe from Employer-1, “Welcome to the real world.”  NORTON similarly stated in a meeting at which NORTON, CAHILL, and HILL received bribes:  “The real world is the real world and there’s . . . always wiggle room as long as everyone . . . understands each other, and everyone’s taken care of.”

CAHILL and the other members of the Enterprise used their positions of power with respect to Local 638 to receive bribes in exchange for taking actions favorable to non-union employers, and exercising corrupt influence within the construction trade, all to the detriment of Local 638 and the union members’ interests.  For instance, in one meeting with Employer-1, CAHILL urged Employer-1, in sum and substance, not to sign with a union, but instead to “tell everyone to go fuck themselves” because “if you become union, you’ll have 12 fucking guys on your back.” 

All 11 defendants are also charged with participating in conspiracies to commit honest services fraud and violate the Taft-Hartley Act, based on, among other things, their agreement to accept bribes in exchange for acquiescing in the bidding and performing of construction work with non-union labor for plumbing and pipe fitting projects that would otherwise have potentially been awarded to companies whose employees were represented by Local 638 or Local 200.  

A chart containing the names, charges, and maximum penalties for the defendants is set forth below.  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 the judge.

Mr. Graff praised the outstanding investigative work of the Special Agents within the U.S. Attorney’s Office for the Southern District of New York and Investigators with the Suffolk County District Attorney’s Office, and noted that the investigation is ongoing.

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

4 Members Of The Mount Vernon Goonies Street Gang Plead Guilty To The Murder Of 13-Year-Old Innocent Bystander

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today that DAVID HARDY, a/k/a “Mooka,” MARQUIS COLLIER, JERMAINE HUGHLEY, a/k/a “Blacks,” and SINCERE SAVOY, a/k/a “Bitty,” pled guilty to participating in the murder of Shamoya McKenzie, a 13-year-old innocent bystander.  HARDY pled guilty today, COLLIER pled guilty on August 14, 2020, HUGHLEY pled guilty on September 10, 2020, and SAVOY pled guilty on September 1, 2020.  All four defendants will be sentenced by United States District Judge Nelson S. Román, to whom the case is assigned.

Acting U.S. Attorney Audrey Strauss said:  “On December 31, 2016, David Hardy, Marquis Collier, Jermaine Hughley, and Sincere Savoy shot at a rival gang member, injuring him and killing 13-year-old Shamoya McKenzie, cutting short her young and promising life.  Now all four of them face significant time in prison for their participation in senseless gun violence.”

According to allegations in the Indictment and other documents filed in federal court, as well as statements made in public court proceedings: 

Between 2007 and 2017, in the Southern District of New York and elsewhere, HARDY, COLLIER, HUGHLEY, and SAVOY were members of a racketeering enterprise known as the “Goonies.”  In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of the Goonies committed, conspired, attempted, and threatened to commit acts of violence, including murder, attempted murder, and robbery; they conspired to distribute and possess with the intent to distribute narcotics; and they obtained, possessed, and used firearms, including by brandishing and firing them. 

The Goonies have been engaged in a long-standing and violent feud with several rival Mount Vernon street gangs, including, among others, the “Boss Playa Family,” the “Get Money Gangstas,” the “Gunnas,” and the “Much Better Gang,” among others.  On December 31, 2016, HARDY, COLLIER, HUGHLEY, and SAVOY attempted to murder a rival gang member in broad daylight by firing multiple shots at him in the vicinity of Tecumseh Avenue and Third Street in Mount Vernon, New York.  The rival gang member suffered gunshot wounds but survived.  One of the bullets, however, missed the intended target and struck in the head and killed 13-year-old Shamoya McKenzie, who was in the front passenger seat of a car that happened to be driving past the shooting location. 

HARDY, 25, pled guilty to one count of using a firearm in connection with the murder of Shamoya McKenzie in aid of racketeering and one count of using a firearm in connection with an assault with a dangerous weapon in aid of racketeering for committing a separate shooting in furtherance of the Goonies.  Together, the crimes carry a maximum penalty of life in prison, and a mandatory minimum sentence of 15 years in prison.

COLLIER, 28, pled guilty to one count of racketeering conspiracy and one count of discharging a firearm in connection with the murder of Shamoya McKenzie in aid of racketeering.  Together, the crimes carry a maximum penalty of life in prison, and a mandatory minimum sentence of 10 years in prison.

HUGHLEY, 27, pled guilty to one count of racketeering conspiracy and one count of discharging a firearm in connection with the murder of Shamoya McKenzie in aid of racketeering.  Together, the crimes carry a maximum penalty of life in prison, and a mandatory minimum sentence of 10 years in prison.

SAVOY, 23, pled guilty to one count of using a firearm in connection with the murder of Shamoya McKenzie in aid of racketeering, which carries a maximum penalty of life in prison, and a mandatory minimum sentence of five years in prison.

Ms. Strauss thanked the Westchester County District Attorney’s Office and praised the outstanding investigative work of the FBI’s Westchester County Safe Streets Task Force, which comprises agents and detectives from the FBI, Yonkers Police Department, Westchester County District Attorney’s Office, Westchester County Police Department, Peekskill Police Department, Mount Vernon Police Department, New York City Police Department, and U.S. Probation. 

Attorney General James Secures $4 Million from Companies Involved in Alleged Fraudulent Physical Therapy Scheme

 

Defendants Alleged to Have Had Non-licensed Individuals Provide Physical Therapy Services

Includes $2 Million to New York State Medicaid Program Alone

  New York Attorney General Letitia James announced her office has secured $4 million from several physical therapy offices operated throughout New York City by Alex and Diana Klurfeld, and their companies Williamsburg Physical Therapy, P.C. and Euro Physical Therapy, P.C. (Williamsburg PT). Today's agreement resolves allegations that the couple and their companies falsely billed Medicaid and other federal health care programs for physical therapy services, as well as for having had non-licensed individuals provide physical therapy services.

“New Yorkers deserve to be treated by accredited providers, especially during a global health crisis,” said Attorney General James. “On my watch, no provider will get away with illegally billing Medicaid for unlicensed services. My office will always fight to ensure that unscrupulous actors are held to account.”

The agreement resolves allegations that during the period from January 1, 2008, through July 27, 2018, Williamsburg PT billed Medicaid, Medicare, the Federal Employees’ Compensation Act Program (FECA), and the Federal Employees’ Health Benefits Program (FEHBP) for physical therapy services provided and/or supervised by someone other than the licensed physical therapists identified on the claims, including unlicensed aides. The agreement also resolves allegations that Williamsburg PT billed federal health programs for backdated physical therapy services provided after the treatment authorization had expired.

As part of the agreement, Williamsburg PT will pay $4 million to the United States and to New York state, half of which is to resolve claims pertaining to New York’s Medicaid Program. Of the $2 million related to the New York Medicaid program, $1.2 million will go to New York and $800,000 will go to the federal government.

The case against Williamsburg PT was initiated by former Williamsburg PT employees and whistleblowers, Ana Barbara Zayas and Alexandra Rojas, who will receive a portion of the settlement. The whistleblower lawsuit was filed under the qui tam provisions of the federal and New York False Claims Act, which allow people to file civil actions on behalf of the government and share in any recovery.

New York’s claims in the qui tam were handled by the Medicaid Fraud Control Unit (MFCU) in the Office of the Attorney General, which worked closely with the U.S. Attorney's Office for the Eastern District of New York. 

MFCU receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $60,071,905 for federal fiscal year (FY) 2019-20, of which $45,053,932 is federally funded. The remaining 25 percent of the approved grant — totaling $15,017,973 for FY 2019-20 — is funded by New York state. MFCU’s recoveries in law enforcement actions regularly return more to the state than the unit receives in state funding.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - OCTOBER 4, 2020

 

New York State to Directly Enforce State Guidance in Hot Spot ZIP Codes 

20 ZIP Codes in Areas with Hot Spots - Brooklyn, Queens and Rockland and Orange Counties - Have 4.8 Percent Positivity Rate  

Statewide Positivity Excluding ZIP Codes in Hot Spot Areas is 0.91 Percent; 1.10 Percent with Hotspot ZIP Codes Included 

14 COVID-19 Deaths in New York State Yesterday 

SLA and State Police Task Force Visits 785 Establishments; Observes 4 Establishments Not in Compliance 

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic. In the top 20 ZIP codes in areas that have seen recent outbreaks - Brooklyn, Queens and Rockland and Orange Counties - 5,392 tests were conducted, yielding 261 positives or a 4.8 percent positivity rate. In the remainder of the state, 104,937 tests were conducted yielding 961 positives or a 0.91 percent positivity rate.

"Local governments have not done an effective job of enforcement in these hot spot ZIP codes. The State will be doing aggressive enforcement starting tomorrow," Governor Cuomo said. "As we saw with bars and restaurants, when the State initiated enforcement actions compliance greatly increased. However, the State cannot take over effective enforcement for every jurisdiction and if a local jurisdiction cannot or will not perform effective enforcement of violating entities, notify the State and we will close all business activity in the hot spots where the local governments cannot do compliance.

"I'm concerned about the lack of testing in the schools," Governor Cuomo continued. "If the localities do not do testing immediately in the schools in those areas, the State will close them immediately. We all want schools to reopen IF they can reopen safely. I have assured the parents of this State that I would not send my child to a school that I didn't know was safe. Without testing we can't assure parents and teachers of the safety of that school."

The governor also announced that New York State will deploy personnel to directly enforce state guidance within the hot spot ZIP codes. Enforcement has already begun and will increase this week. The new effort is modelled on the State Liquor Authority and State Police Task Force that has been enforcing state guidance at bars and restaurants in New York City and on Long Island. Local businesses that violate the law can be subject to fines and closures.

New York State continues to track clusters with a particular focus on areas where there are hot spot, cluster situations. Within the top 20 ZIP codes in counties with recent outbreaks - Brooklyn, Queens and Rockland and Orange Counties - the average rate of positive tests is 4.8 percent. The rate of positive tests for the remainder of New York State, not counting these 20 ZIP codes, is 0.91 percent. These 20 ZIP codes contained 21 percent of all positive cases in New York State yesterday, but represent only 6.7 percent of the state's population.

Governor Cuomo Announces 11 Million COVID-19 Diagnostic Tests Conducted in New York State

 

134,267 COVID-19 Tests Reported to New York State Yesterday—New Record High

20 ZIP Codes in Areas with Hotspots - Brooklyn, Queens, and Rockland and Orange Counties - Have 5.2 Percent Positivity Rate 

Statewide Positivity Excluding 20 ZIP Codes is 1.01 Percent; 1.29 Percent with 20 ZIP Codes Included

6 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Visits 901 Establishments; Observes 2 Establishments Not in Compliance

 Governor Andrew M. Cuomo today announced that 11 million COVID-19 diagnostic tests have now been conducted in New York State. The Governor also announced another record high number of tests—134,267—were reported to New York State yesterday. In the top 20 ZIP codes in areas that have seen recent outbreaks - Brooklyn, Queens, and Rockland and Orange Counties - 8,676 tests were conducted, yielding 450 positives or a 5.2 percent positivity rate. In the remainder of the state, 125,591 tests were conducted yielding 1,281 positives or a 1.01 percent positivity rate.

"This pandemic is not over. We continue to closely monitor the data throughout the state, push our testing capacity to new highs and keep an especially close eye on the ZIP codes in hot spot areas, which represented 26 percent of yesterday's cases despite being home to 6.7 of the population," Governor Cuomo said. "We know that washing hands, socially distancing and wearing masks makes all the difference in our ability to tame this beast. So my message to New Yorkers is please stay vigilant and my message to local governments is do the enforcement. We can beat this thing if we work together and stay New York Tough."

New York State continues to track clusters with a particular focus on areas where there are hot spot, cluster situations. Within the top 20 ZIP codes in counties with recent outbreaks - Kings, Queens, Orange, and Rockland - the average rate of positive tests is 5.2 percent. The rate of positive tests for the remainder of New York State, not counting these 20 ZIP codes, is 1.01 percent. These 20 ZIP codes contained 26 percent of all positive cases in New York State yesterday, but represent only 6.7 percent of the state's population.

Sunday, October 4, 2020

Mayor Gives COVID-19 Update - 9 Zip Codes in Brooklyn and Queens to be put on Pause, With 11 More on High Alert in Brooklyn and Queens

 

Mayor Bill de Blasio: Good afternoon, everybody. You know, over these last weeks, we had some moments as New Yorkers that we could celebrate after everything we've been through. We saw a really extraordinary fight back against the coronavirus and months of low levels of positivity. We saw, last Thursday, a great moment for the city where all our public schools were open, but we've had challenges throughout. And when we have challenges, it's important to lay them on the table and be upfront about them – that's what all New Yorkers want. So, today, unfortunately, is not a day for celebration. Today is a more difficult day. And I'm going to be giving an update that gives me no joy at all. In fact, it pains me to be putting forward this approach that we'll need. But, in some parts of our city, in Brooklyn and Queens, we're having an extraordinary problem, something we haven't seen since the spring and we have to address this issue for forthrightly. That's why we're here on a Sunday after several days of continuing to review all the data and look at everything from the point of view that it’s gotten us this far as a city, always relying on the data and the science. What has become clear is that there are a number of neighborhoods now that have continued to have a high level of coronavirus positivity, and that requires stronger action than we've had to take for many months. I want to emphasize there's been extensive efforts over recent weeks in these communities – extraordinary outreach efforts, close cooperation with community institutions and community leaders across the ZIP codes involved. An immense amount of City personnel have been out educating, providing free face masks, enforcing where enforcement was necessary. All of these things have been going on for weeks, in addition to a huge expansion of testing in these communities. These efforts have truly been extensive, but, in the end, were not enough to turn around this situation. So, what we are now reporting is we now have nine ZIP codes in Brooklyn and Queens that have been above a three percent positivity level for seven consecutive days or more. And that measure tells us that we have to take more extensive action. It will be very difficult. I want to emphasize this again, it gives me no joy in saying this because it will be very difficult for the people who live in these ZIP codes of all communities. It will be difficult for people who have done so much to fight back through this crisis, but it is necessary to stop the spread of the coronavirus in these communities and beyond, and it's necessary for the good of all of New York City, which still overall continues to have a very low positivity level. We have to keep it that way. So, we have to take strategic action now to protect everyone, over 8 million New Yorkers who are depending on this virus to be held in check.

 

Now, the proposal I'm going to go over – we've presented it initially to the State of New York. I want to emphasize that everything I'm about to say will require the support and approval of the State of New York. And we're going to be working intensely today and tomorrow on the details with the State and, assuming we get through all this quickly and it is approved, we'll put this into effect on the timeline I will describe. So, the plan is to rewind in these nine ZIP codes – to rewind, to go back to address the problem by using the tools that we know work, which is to ensure that non-essential businesses are not open and a variety of activities are not happening. Again, no joy in saying that, but, that, unfortunately, we do know is what is necessary to stop the spread of the coronavirus. So, this would begin this Wednesday morning coming – Wednesday, October 7th – require the closure of nonessential businesses in these nine ZIP codes, and I want to go through them now. It's Edgemere, Far Rockaway 11691; Borough Park, 11219, Gravesend, Homecrest, 11223; Midwood, 11230; Bensonhurst and Mapleton, 11204; Flatlands, Midwood, 11210; Gerritsen Beach, Homecrest, Sheepshead Bay, 11229; Kew Gardens, 11415; and Kew Gardens Hills, Pomonok, 112469 – those are the nine ZIP codes that have over three percent positivity for at least seven consecutive days.

 

Now, on top of that, out of an abundance of caution, we will be moving to close schools as well. And by that, I mean, starting Wednesday morning, public and non-public schools. Again, this is the strategy that worked for us in the spring and summer, which is limiting activity in a community to stop the spread. That's how the City came out of an extraordinarily difficult crisis in the spring, a much tougher situation than what we're dealing with now. And one that was in every corner of the city, we fought our way back with these restrictions and with social distancing, with a mask wearing. We have to do it again in a pinpoint area, but it is crucial that we do it in a rigorous fashion to stop the spread within those communities and beyond. So, again, pending approval from the State of New York, starting Wednesday morning, public and non-public schools would be closed in these areas. In addition, dining, both indoor and outdoor dining would be closed in these areas. Of course, as was true throughout the crisis, restaurants would still be able to do a delivery and have pickup by their customers.

 

Now, again, the goal here is to prevent the spread. The goal here is to do everything we can to stop something bigger from happening right now. The schools, I want to emphasize, we have seen very little coronavirus activity in our schools. We have a situation room that's been monitoring constantly. This is not because we have seen a number of specific problems in our schools, our public schools, we have not. This is out of abundance of caution. And in coordination with a larger strategy that mirrors what we did successfully with spring of a larger shutdown to ensure we stop the spread. Now, again, everything is based on data and based on a scientific approach. As we get questions from media, you'll hear from our healthcare leadership. They have been looking at this data constantly, looking for what it tells us and what actions are necessary. The specific benchmark of three percent positivity or more, for more than seven consecutive – seven or more consecutive days – has been crucial in their deliberations.

 

So, that's what's going to happen in those nine ZIP codes that already have reached that level. But now, I want to emphasize, we have more work to do beyond, because there are 11 additional ZIP codes that are areas of real concern. These 11 ZIP codes have not yet reached a level of three percent positivity for at least seven consecutive days, but they are edging up toward that level and we are concerned. So, again, in these areas – we're going to do in all these areas, the original nine I mentioned and in these 11 ZIP codes, we're going to do a huge amount of ongoing outreach. We're going to have continued enforcement. We're going to have continued mask distribution. But these ZIP codes will not require those larger restrictions yet. And, hopefully, they will not at all, but we are going to be watching them very carefully. Let me go over these 11 ZIP codes that are on this watch list. Bedford Stuyvesant, West Clinton Hill, Fort Greene, 11205; East Williamsburg and Williamsburg, 11211 and 11249; Brighton Beach, Manhattan Beach, Sheepshead Bay, 11235; Bergin Beach, Flatlands, Marine Park, and Mill Basin, 11234; Crown Heights East, 11213; Kensington and Windsor Terrace, 11218; Rego Park, 11374; Fresh Meadows-Hillcrest, 11366; Hillcrest, Jamaica Estates, Jamaica Hills, 11492; and Auburndale, Fresh Meadows, Pomonok, Utopia, 11365.

 

So, in those 11 ZIP codes, there'll be intensive outreach efforts, testing efforts, not the full-scale restrictions that we're calling for in the first nine, again, pending State approval. But in these 11 intensive outreach to test and to enforce, in addition, we believe we should close down higher risk activities – and that means indoor dining, gyms and pools, that those activities should be restricted as of Wednesday morning, but other activities can continue. The other lower risk business activities can continue, schools can continue, etcetera. Now, beyond the nine ZIP codes that we have particular challenges in, and the 11 on our watch list, those 20 ZIP codes, beyond them, there are 126 other ZIP codes in New York City that, right now, thank God, overwhelmingly, are doing well. We always want to be vigilant. We want the maximum testing by all New Yorkers. We want to make sure that people are wearing masks, practicing social distancing. We need to be vigilant in every corner of the city, but I want to emphasize the vast majority of New York City is holding steady right now with low positivity levels and we want to keep it that way. And these actions that we're taking in Brooklyn and Queens are to protect the whole city.

 

Now, I want to emphasize, none of this is easy. It's difficult. It's challenging. It will require sacrifice. We're talking about the people who have been through so much, businesses that have struggled to survive. This will not be easy at all for families who depend on their livelihoods. But it's something that we believe is necessary to keep this city from going backwards towards where we were months ago. So, I want to emphasize that throughout we've been in constant contact with community leaders, elected officials, clergy, folks who have been working so hard to try and turn the tide in these communities and these ZIP codes. And we will continue to work with them because we're all in this together.

 

Now, in terms of what it would take to turn us around, let's emphasize – the way forward is to double down on the basics, the core four, to focus on the face coverings, the social distancing, the hand washing the staying home with your sick. Those basic approaches make all the difference in the world. We have a standard we're setting for what we believe is the clear measure that would tell us that these communities can no longer – will no longer need restrictions and there are two versions. The first, the faster one, is a 14-day pause, which would require that the last seven days be under three percent positivity. So, this is the more hopeful version, that if a community can work together with us and we all are able to beat back the disease and we can keep the disease under three percent positivity for seven days, that we would reopen that community after a total period of time of 14 days. Again, this is our vision we're presenting to the State. This is what we think is the best-case scenario. The other scenario that we believe is quite plausible is a 28-day pause, four weeks. And by the end of that pause, by the last day of that pause, the community is below three percent based on a 14-day average.

Those are two very viable ways for a community to come out of these restrictions.

 

So, we will continue with the huge quantity of City personnel out in force, and we'll keep adding to it in all these ZIP codes – again, passing out masks, giving people information, enforcing and enforcing rigorously, and increasing the amount of testing. And when it comes to testing in the ZIP codes most effected, on Friday, for example, we had almost 2,000 new tests on top of what we had previously at over 20 locations in these keys ZIP codes. We're going to continue to amplify that, continue to add testing capacity in these communities. We're going to continue to ramp up inspection enforcement as we have been. There's been over 2,000 inspections to-date of businesses and community institutions that have yielded 26 violations and 883 warnings. So, the enforcement has been going on, will continue to go on. But, look, no one – no one wants to see the community, any community have to go through this closure of businesses and community institutions. There’s a lot of people in these ZIP codes, we're talking about nine ZIP codes with hundreds of thousands of New Yorkers in the many different kinds of communities. Everyone affected in common. We also know within these ZIP codes are many people who today are observing a holiday. And I want to say I'm sensitive to that fact. It was so important to get this information out as soon as this plan was formulated, that I chose to announce it now to give people the maximum amount of time to make adjustments. And we chose to have the implementation begin Wednesday morning to give time for that a transition. We'll be talking today with a number of community leaders, tonight with community leaders who are coming off the holiday and onto tomorrow morning, while we continue our discussions with the State as well. But the important thing was to give people time to adjust, to give our schools time to get ready, but at the same time act aggressively, because we've learned over and over from this disease that it is important to act aggressively. And when the data tells us it's time for even the toughest and most rigorous actions, we follow the data, we follow the science.

 

Now, some may ask, does this signal a larger resurgence in New York City? I've asked the health care professionals here with us their assessment – their assessment is no, it does not have to signal that. If we contain the situation in the nine keys ZIP codes and the 11 on the watch list, we can stop this from spreading more deeply into New York City. We can stop this from being a “second wave” in New York City. But in these communities, it is a very troublesome reality that must be addressed very aggressively.

 

So, I'll conclude before giving the daily indicators by saying that it is so important to understand, and there'll be lots of questions and lots of concerns, but it's so important to remember where we were in March, where we were in April, how difficult it was, how tough it looked at that time, how difficult it was to believe we can overcome it. And yet we all did. Why? Because people worked together, people heard the guidance, follow the guidance. We can use the exact formula again to beat this back. We'd beaten back something tougher before we're going to beat this back again.

 

Let me go over the daily indicators for the City as a whole. Indicator number one, daily number of people are admitted to New York City hospitals for suspected COVID-19, the threshold is 200 patients – today's report is 70 patients. The confirmed positivity level for those patients is 27 percent. Number two, new reported cases on a seven-day average, the threshold is 550 cases – total, today's report, 464 cases. And number three, percentage of people testing positive citywide for COVID-19 today's report is 1.54 percent. And on the seven-day rolling average, 1.72 percent. 


EDITOR'S NOTE:


This was a special Press Conference where the Mayor only had questions from eight reporters. I was on hold, but not called on with my concerns for the Bronx as the mayor mentioned problems in the Soundview section of the Bronx. My question would have been about the two Bronx Zip Codes that were once in the top ten list of People with COVID-19, but there was no mention by the mayor of any Bronx Zip Code today. 


Jim Owles Liberal Democratic Club Presents NYC's First Mayoral Forum! 10/13/2020