Friday, April 16, 2021

261 Days and Counting

 


I am not having a press conference today. Where is Dr. Choskhi?

The Winners of he Special Election are finally Announced, and it is Off to The June Primary.

 


At the Board of Elections during Rank Choice Voting count, a worried Oswald Feliz pulled out a victory in the 15th City Council District taking over for Congressman Ritchie Torres. Of the 3,976 votes cast, new Councilman Oswald Feliz wound up with 1,766 votes to second place finisher Ischia Bravo's 1,362 votes, with 848 of the original votes becoming exhausted in Rank Choice Voting, 

It was a different story in the 11th City Council race where Eric Dinowitz breezed to an easy victory, taking over for Judge Andrew Cohen. Of the 9,555 votes cast now Councilman Eric Dinowitz wound up with 5,579 to second place finisher Mino Lora's 3,188 vote, with 788 of the original votes becoming exhausted in Rank Choice Voting. 

Now both winners have to do it again for the June 22nd Democratic Primary which in the Bronx is the real election. 

Thursday, April 15, 2021

Governor Cuomo Announces More than Half of New Yorkers 18 and Older Have Received at Least One Dose of the COVID-19 Vaccine

 

More than 1 in 3 New Yorkers 18 and Older Now Fully Vaccinated 

More than 12.5 Million Total Doses Administered Statewide

198,257 Doses Administered in the Last 24 Hours 

More than 1.5 Million Doses Administered Over Past Seven Days 

Vaccine Dashboard Updated Daily on the State's Vaccine Program; Go to ny.gov/vaccinetracker 

 Governor Andrew M. Cuomo today announced that more than 50 percent of New Yorkers 18 years of age and older have received at least one dose of the COVID-19 vaccine, and more than one in three in the same age group have been fully vaccinated. More than 12.5 million doses of the vaccine have been administered in New York State. 198,257 doses have been administered across the state's vast distribution network in the last 24 hours, and more than 1.5 million doses have been administered over the past seven days.      

"Thanks to the extraordinary efforts and commitment of our providers and volunteers, more than half of New Yorkers who are 18 and older have received at least one dose of the vaccine, and more than a third are fully vaccinated," Governor Cuomo said. "You take the vaccine not just for yourself - you take it to keep other people safe. COVID is still with us, but if we remain "New York Tough," we can continue to reopen our economy and gradually defeat this beast."   

New York's vast distribution network and large population of eligible individuals still far exceed the supply coming from the federal government. Due to limited supply, New Yorkers are encouraged to remain patient and are advised not to show up at vaccination sites without an appointment.                                               

The 'Am I Eligible' screening tool has been updated for individuals with comorbidities and underlying conditions with new appointments released on a rolling basis over the next weeks. New Yorkers can use the following to show they are eligible:

·     Doctor's letter, or

·     Medical information evidencing comorbidity, or

·     Signed certification               

Vaccination program numbers below are for doses distributed and delivered to New York for the state's vaccination program, and do not include those reserved for the federal government's Long Term Care Facility program. A breakdown of the data based on numbers reported to New York State as of 11 AM today is as follows.                                             

STATEWIDE BREAKDOWN

Total doses administered - 12,638,792
Total doses administered over past 24 hours - 198,257
Total doses administered over past 7 days - 1,546,338
Percent of New Yorkers with at least one vaccine dose - 39.6%
Percent of New Yorkers with completed vaccine series - 26.4% 
Percent of New Yorkers 18+ with at least one vaccine dose - 50.7%
Percent of New Yorkers 18+ with completed vaccine series - 34.1%

Manhattan Construction Business Operator Sentenced To 19 Months In Prison For Tax Fraud

 
 Audrey Strauss, United States Attorney for the Southern District of New York, announced today that BILAL SALAJ was sentenced in Manhattan federal court to 19 months in prison for perpetrating tax fraud.  SALAJ previously pled guilty before U.S. Magistrate Judge Ona T. Wang to conspiracy to defraud the Internal Revenue Service (“IRS”), tax evasion, and failure to pay over payroll taxes.  U.S. District Judge P. Kevin Castel, who accepted SALAJ’s guilty plea, imposed today’s sentence.

U.S. Attorney Audrey Strauss said:  “Bilal Salaj failed to pay his tax obligations to the IRS and maintained a cash payroll for his business while cheating the government out of almost $1 million. Our self-assessment system of tax reporting is not synonymous with ‘forthrightness optional.’ The government — and especially our law enforcement partners — won’t miss, overlook, or ignore those who misreport on their tax returns. In the competitive small business world, being dishonest and underreporting tax obligations might be tempting. But Salaj’s sentence is a reminder that tax fraud is a serious federal crime and not worth the risk.”

According to the allegations contained in the Information to which SALAJ pled guilty, court filings, and statements made in public court proceedings:    

At all relevant times, BILAL SALAJ, a citizen and resident of the United States, operated a construction business in Manhattan.  Initially, SALAJ was the record owner of the business, but in approximately July 2014, SALAJ began operating the business under a new entity that, on paper, was wholly owned by a third party (“Individual-1”), who worked for SALAJ in the construction business.  Despite this purported change in ownership, SALAJ continued to exercise principal control and decision-making authority over the business and its financial affairs.  In particular, SALAJ was a responsible person under federal law for collecting, truthfully accounting for, and paying over payroll taxes for the business to the IRS.

Between at least in or about 2014 and in or about June 2019, SALAJ devised and perpetrated a scheme to evade a substantial portion of both the payroll taxes for the construction business and SALAJ’s personal income taxes for the period 2014 through 2018.  During this period, SALAJ cashed, and caused Individual-1 to cash, approximately $3.2 million in business checks payable to the construction company at check cashing facilities in Manhattan, instead of depositing them into the company’s operating bank account.  SALAJ and Individual-1 used a portion of the proceeds from the cashed checks to pay cash wages to employees of the construction business, and spent most of the rest on personal expenses.  SALAJ did not withhold or pay over to the IRS any payroll taxes on the cash wages paid to the employees, and did not report to the IRS or pay any personal income taxes on the cash income he realized through the cashed checks.  As part of the tax evasion scheme, SALAJ fraudulently withheld from his accountant any records relating to the cashed business checks, and thereby caused false tax returns to be filed with the IRS.  The tax evasion scheme, including relevant conduct, resulted in a tax loss to the IRS of approximately $952,778.

In addition to the prison term, Judge Castel ordered SALAJ, 56, of Morganville, New Jersey, to pay restitution to the IRS in the amount of $952,778.  SALAJ was also ordered to serve three years of supervised release.

Ms. Strauss praised the outstanding work of the Internal Revenue Service, Criminal Investigation, in this case. 

This case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorney Olga I. Zverovich is in charge of the prosecution.

Governor Cuomo Announces Protections for Safe Closure of Indian Point Nuclear Power Facility

 

Holtec Agrees to Extensive Monetary Assurances and Administrative Safeguards to Ensure Safe, Rapid, and Complete Dismantling and Cleanup of Nuclear Power Facility

 Governor Andrew M. Cuomo today announced a joint proposal with Holtec International and its subsidiaries to safely close the Indian Point nuclear power facility in the lower Hudson Valley. The agreement, negotiated by the State of New York, County of Westchester, local governments, Public Utility Law Project, Riverkeeper, Entergy — the owner of Indian Point and Holtec, provides for a transfer of the nuclear power facility to Holtec for a swift, complete and safe decommissioning and site remediation. 

The joint proposal, which is now available for public comment, is slated to be reviewed and considered by the State Public Service Commission during a future session.  

"Since my time as Attorney General I have been deeply concerned with the safety of the Indian Point nuclear power facility given its proximity to the most densely populated area in the country," Governor Cuomo said. "Shuttering Indian Point was, at one time, one of the main progressive causes in New York, and after years of relentless work, we've finally reached an agreement to close it safely and responsibly. This is a victory for the health and safety of New Yorkers, and moves us a big step closer to reaching our aggressive clean energy goals."  

In 2017, Entergy — the owner of Indian Point — agreed with Governor Cuomo to close the two remaining operating units at the site. Unit 2 powered down in April 2020, and Unit 3 is scheduled to cease operations this month. In November 2019, Entergy and Holtec filed an application for license transfer with the federal Nuclear Regulatory Commission and separately filed a petition asking the PSC not to exercise any jurisdiction over the sale of the Indian Point facilities and site. Instead, the State Department of Public Service staff, Department of Environmental Conservation, Office of Attorney General, local governments and others worked to ensure that the public's interests were protected, and those agencies secured the financial and administrative provisions contained in the Joint Proposal that will now be presented to the Public Service Commission for its review and consideration. The NRC approved the license transfer without the provisions contained in the joint proposal, and the State of New York filed a lawsuit challenging NRC's decision. This joint proposal to the Public Service Commission will also resolve the federal litigation.  

Decommissioning, the radiological clean-up and dismantling of a nuclear facility, is extremely demanding, both technically and financially. Accordingly, the NRC requires that nuclear facilities establish and maintain funding to pay for facility decommissioning following closure. In the case of Indian Point, portions of its three decommissioning trusts were capitalized by New York ratepayers through electricity bills. Holtec obtained the NRC's approval to use the trust money, not only to conduct the required radiological decommissioning, but also to fund spent fuel management and site restoration. Of the approximately $2.4 billion of aggregated decommissioning trust funds, Holtec estimated that it will spend more than $630 million for spent fuel management alone, which raised concerns whether the remaining funds were adequate to conduct safe and comprehensive decommissioning at a site known to harbor substantial contamination.   

The Joint Proposal to resolve the ongoing PSC proceeding and address the State's concerns is intended to ensure that adequate funds are available to complete the project subject to State oversight. Under the agreement, Holtec is required to adhere to financial and administrative provisions, including:

  • Maintaining a minimum balance of no less than $400 million in the Decommissioning Trust Fund for 10 years following the Transaction Closing Date; 
  • Maintaining a minimum balance of no less than $360 million in the Decommissioning Trust Fund at partial site release from the NRC for costs related to waste management and radiological cleanup of the site;  
    Requiring Holtec to return 50 percent of the money it recovers from the Department of Energy for spent fuel management costs to the Decommissioning Trust Fund; 
  • Conduct site restoration and remediation under an order on consent with the New York State Department of Environmental Conservation, which will oversee the hazardous materials cleanup at Indian Point, including through the use of an on-site monitor; 
  • Providing funding towards state and local emergency management and response; and 
  • Providing financial and project reporting to the State and the public through a website and other channels to ensure transparency regarding project status and costs. 

Per additional agreement terms, the State of New York, Riverkeeper, the Town of Cortlandt and the Hendrick Hudson School District will withdraw their lawsuits against the NRC that are currently pending in the U.S. Court of Appeals for the District of Columbia Circuit.  

New York State Department of Environmental Conservation Commissioner Basil Seggos said, "Today marks a milestone in the State's sustained efforts to shut down Indian Point. It's a victory for public safety and the millions of New Yorkers living in the shadow of this aging facility. As New York State continues its transition to a safer, renewable green energy future, it's imperative that we work together to ensure the swift and safe dismantling and decommissioning of this facility. I commend everyone who worked to secure this agreement today to advance a comprehensive cleanup of this site." 

Doreen M. Harris, President and CEO, NYSERDA said, "As the State's nuclear coordinator, NYSERDA has been pleased with the robust stakeholder engagement leading to this joint proposal and that the agreement appropriately addresses both the financial and environmental interests of New Yorkers."

New York City Man Arrested For Carrying Out Hoax Bomb Threat At Manhattan Restaurant

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced today the unsealing of a criminal Complaint charging MALIK SANCHEZ, a/k/a “Smooth Sanchez,” with making a hoax threat to detonate a bomb at a restaurant in the Flatiron neighborhood in New York, New York, on or about February 13, 2021.  SANCHEZ was arrested today in Manhattan, and he will be presented this afternoon before United States Magistrate Judge Ona T. Wang.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Malik Sanchez perpetrated a hoax bomb threat at a Manhattan restaurant that frightened innocent victims, sowed chaos, and diverted precious law enforcement resources.  Today’s arrest makes clear that such conduct will not be tolerated.”

FBI Assistant Director William F. Sweeney Jr. said:  “Whether real or perceived, a threat of violence is a serious action with real-life consequences. In this case, Sanchez’s alleged behavior carries the potential for a federal prison sentence.  Anyone who intends to carry out a similar hoax should know that the FBI’s JTTF is ready and willing to respond.”

NYPD Commissioner Dermot Shea said:  “Malik Sanchez’s alleged hoax bomb threat, as detailed in today’s federal complaint, disrupted not only the safety and well-being of several innocent restaurant patrons but the fabric of society.  Our NYPD detectives, with our partners in the FBI’s Joint Terrorism Task Force and the United States Attorney’s Office in the Southern District of New York, have zero tolerance for actions like these.”

As alleged in the Complaint unsealed in Manhattan federal court[1]:

SANCHEZ self-identifies as an “Involuntary Celibate” or “Incel,” which refers to a primarily online group of individuals, mostly men, who believe that society unjustly denies them sexual or romantic attention to which they are entitled.  SANCHEZ has posted multiple videos to social media accounts depicting SANCHEZ harassing, threatening, and in one instance harming individuals whom SANCHEZ encounters in Manhattan, while expressing support for Incel ideology, including for carrying out violence against women in the name of the group.

For example, on or about February 7, 2021, SANCHEZ posted online a video with a caption including “INCEL ARMY RISE UP.”  The video depicts SANCHEZ yelling at two women walking on a street in Manhattan that SANCHEZ has “Incel rage”; that he supports Incel’s unofficial founder, Elliot Rodger, who attacked a sorority house and pedestrians in California in 2014, killing six victims and injuring 14 others; and that Rodger’s victims “deserved to be run over and hit by a truck.  They deserved to be slaughtered.”[2]  On or about March 20, 2021, SANCHEZ posted another video filmed in Manhattan, which depicts SANCHEZ approaching multiple women at an outdoor seating area.  In the video, SANCHEZ again proclaimed his support for Incels and Elliot Rodger, while making hand gestures mimicking pointing a gun.  After multiple individuals attempted to get SANCHEZ to stop, SANCHEZ sprayed pepper spray in the face of one of those individuals.  SANCHEZ was arrested by responding NYPD officers and charged with state offenses, and was thereafter released on bail.  

On or about February 13, 2021, SANCHEZ posted a video that depicts him perpetrating a hoax bomb threat at a restaurant in Manhattan’s Flatiron neighborhood.  The video shows SANCHEZ approaching an outdoor seating area in front of the restaurant and stating:  “Let’s enhance their meal.”  SANCHEZ then positioned himself close to two women seated at one of the tables, and conveyed that he was about to detonate a bomb.  SANCHEZ loudly stated:  “Allahu Akbar.  Allahu Akbar.  Bomb detonation in two, in two minutes.  I take you with me and I kill all you.  I kill all you right now.  And I kill all you for Allah. . . .  I’m gonna do it.  I’m gonna fucking do it for Allah.  I’m gonna do it, for, Allah, Allah, Allahu Akbar, Come on.  I do it, bomb now, bomb now.”  The two women appeared startled, gathered their belongings, and went into the restaurant; approximately four other individuals in the seating area grabbed their belongings and ran away.  SANCHEZ then stated:  “Yo, all of them scattered” and “Holy shit boys.  That was fucking five stars.  That was five stars.”  At least one individual called 911 in connection with the bomb threat, and law enforcement responded to the scene.  By that point, SANCHEZ had left the area.

SANCHEZ, 19, of New York, New York, is charged with one count of conveying false and misleading information and hoaxes, in violation of Title 18, United States Code, Section 1038, which carries a maximum sentence of five years in prison.  The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.

Ms. Strauss praised the outstanding investigative work of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies.

The case is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant United States Attorney Kaylan E. Lasky is in charge of the prosecution, with assistance from Trial Attorney Elisabeth Poteat of the Counterterrorism Section of the Department of Justice’s National Security Division.

The charge contained in the Complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.

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

[2] Statements discussed and quoted herein are described in substance and in part.

Attorney General James’ Special Investigations and Prosecutions Unit Releases Report on Investigation Into the Death of Susan Harrington

 

 New York Attorney General Letitia James’ Special Investigations and Prosecutions Unit (SIPU) today released its report on the death of Susan Harrington. SIPU conducted a comprehensive investigation into the car crash that caused Ms. Harrington’s death and determined that there was no criminal conduct on behalf of the deputy from the Washington County Sheriff’s Office (WCSO) who was involved in the incident. After a comprehensive review of surveillance videos, a forensic examination of phone and text message records, and a review of Ms. Harrington’s and the WCSO patrol vehicle’s event data recorders, SIPU concluded that the officer involved fell asleep at the wheel.

In the early morning hours of August 19, 2019, after responding to a call, an officer from the WCSO was returning to the station to conclude an overnight shift that he did not normally work. While driving back, the officer fell asleep and collided with Ms. Harrington’s vehicle. The impact from the collision killed Ms. Harrington immediately.

The liability in this case did not rise to a criminal level. The officer did not engage in any conduct that might increase his risk of crashing, such as texting or using the computer that is provided in patrol vehicles. Toxicology reports also ruled out the influence of alcohol or other intoxicating substances that might have altered the deputy’s ability to operate the vehicle safely.

Nonetheless, the circumstances surrounding the incident — such as the time of day when it occurred and the fact that the deputy was alone in his vehicle — increased the chances for a sleep-related crash and SIPU has urged the WSCO to take appropriate measures to safeguard against this from happening in the future. SIPU recommends that WCSO, and other law enforcement agencies that frequently require their force to drive alone at night in rural areas, install advanced safety features in their vehicles. This includes additions such as lane departure warning systems that send a signal to the driver when the vehicle veers off course.

“My office takes its duty to investigate these deaths with the utmost seriousness,” said Attorney General James. “After an exhaustive examination of the facts surrounding this incident, we determined that Ms. Harrington’s death was a horrible and unintentional tragedy. In order to prove warrant criminal conduct, the officer involved must have knowingly engaged in behavior that would have caused a substantial risk and threat. More must be done to prevent this from happening in the future, and I urge the Washington County Sheriff’s Office and other law enforcement agencies to take the steps necessary to prevent and safeguard against fatigue at the wheel. Ms. Harrington’s death was untimely and heartbreaking, and I offer my deepest condolences to her family, friends, and loved ones.”