Narcotics Dealer Charged In Manhattan Federal Court With Causing Overdose Death From Fentanyl

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an Indictment today charging MICHAEL KELLEHER with distributing fentanyl that resulted in the death of a victim (the “Victim”) on May 19, 2020, in the Bronx, New York.  KELLEHER and his codefendant MARK GONZALEZ are also charged with participating in a conspiracy to distribute and possess with intent to distribute fentanyl, and using and carrying a firearm in connection with a drug trafficking offense.  KELLEHER was previously charged by a criminal complaint and arrested on March 5, 2021.  GONZALEZ was arrested this morning and will be presented before United States Magistrate Judge Robert W. Lehrburger tomorrow.  The case is assigned to United States District Judge Victor Marrero.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Michael Kelleher and Mark Gonzalez peddled lethal fentanyl, and Kelleher sold the dose that caused the death of a victim.  Working with the NYPD we will continue to combat the epidemic of lethal opioids.”

NYPD Commissioner Dermot Shea said:  “Opioids have a well-known history of causing overdoses, destroying lives, and devastating communities. That’s why the NYPD and its law enforcement partners work tirelessly to rid our city of these and other deadly drugs and work tirelessly to prosecute those who sell them. I want to thank the investigators and prosecutors who worked on this investigation. It is their work that brings some measure of justice to this family who lost their loved one to a senseless overdose.”

According to the allegations in the Indictment, the underlying complaint for KELLEHER, and information in the public record[1]:

On May 19, 2020, the Victim was found dead in his home in the Bronx, New York.  Following an investigation by the NYPD, law enforcement agents identified KELLEHER as the dealer who sold the Victim pure fentanyl, which resulted in his death.  Following the Victim’s death, law enforcement officers acting in an undercover capacity purchased additional quantities of fentanyl from KELLEHER, and his supplier, GONZALEZ, which were packaged exactly like those found in the Victim’s residence on the day of his death.  KELLEHER and GONZALEZ also sold a firearm with a defaced serial number to an undercover law enforcement agent.

KELLEHER, 35, and GONZALEZ, 43, both of the Bronx, New York, are each charged with conspiracy to distribute and possess with intent to distribute 400 grams and more of mixtures and substances containing a detectable amount of fentanyl, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years, and with use, carrying, and possession of a firearm in connection with a drug trafficking offense, which carries a mandatory minimum consecutive sentence of five years.  KELLEHER is also charged with narcotics distribution resulting in the death of the Victim, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 20 years in prison.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the NYPD.  This case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorney Michael R. Herman is in charge of the prosecution.

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

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

Attorney General James Wins Right to Intervene in Suit Against Conspiracy Theorists for Threatening Robocalls to Suppress Black Voters

Jacob Wohl and Jack Burkman Orchestrated a Large-Scale Robocall Campaign to Intimidate Black Communities Ahead of the 2020 Election 

Approximately 5,500 New Yorkers Subjected to Discriminatory and Harassing Robocalls 

 New York Attorney General Letitia James issued the following statement after Judge Victor Marrero of the U.S. District Court for the Southern District of New York granted her office's motion to intervene in a federal lawsuit against Jacob Wohl and Jack Burkman for attempting to suppress Black voters during the 2020 election: 

“The court’s decision is a critical step in our fight against those who seek to suppress the votes and voices of Black communities. Through their use of misleading and targeted robocalls, Wohl and Burkman illegally attempted to discourage Black voters from exercising their fundamental right to vote, in an effort to influence the election for their favored presidential candidate. I look forward to continuing to make our case in this matter, and I remain committed to ensuring that individuals are protected from harassment and intimidation when voting.” 

In May 2021, Attorney General James announced that her office began a legal proceeding against two notorious conspiracy theorists over their efforts to suppress Black voters ahead of the 2020 election. An investigation conducted by the Office of the Attorney General found that Wohl and Burkman, while hiding behind their sham organization “Project 1599,” violated state and federal laws by orchestrating robocalls to threaten and harass Black communities through disinformation, including claims that mail-in voters would have their personal information disseminated to law enforcement, debt collectors, and the government. The Wohl and Burkman robocall campaign, which reached approximately 5,500 New Yorkers, sought to undermine and interfere with the then-ongoing efforts by the state of New York to fairly and safely administer its elections during the COVID-19 crisis and protect its citizens from voter intimidation and harassment. Attorney General James’ lawsuit seeks to cease further voter intimidation by Wohl, Burkman, and their associates. 

Governor Cuomo Announces Seven New Pop-up Vaccination Sites at Airports Across New York State to Reach More Individuals Who Still Need to Get the COVID-19 Vaccine

 

New York City, Westchester County, Albany, Syracuse, Rochester and Buffalo Airport Locations Open from Monday, May 24 to Friday, May 28  

All Sites Open for Walk-in Vaccinations on a First Come, First Served Basis

Program Builds on Success of Recently Launched Pop-Up Sites at MTA Stations

 

 Governor Andrew M. Cuomo today announced seven new pop-up vaccination sites at airports in New York City, White Plains, Albany, Syracuse, Rochester and Buffalo. The sites will be open for walk-in vaccinations on a first come, first served basis utilizing the single dose Johnson & Johnson vaccine. This new program to bring the vaccine to more convenient locations and reach more New Yorkers builds on the recently launched successful pilot program that brought pop-up sites at MTA stations.  

"Our vaccination pop-up sites have been instrumental in helping us reach more New Yorkers who need to get vaccinated, and given the success of our pilot program at subway and train stations across the MTA network, we are getting creative once more by bringing the vaccine to our airports," Governor Cuomo said. "This vaccine is the best weapon that we have to defeat COVID, and we will go anywhere we need to get more shots into people's arms. If you are traveling through or working at one of these airports or just happen to be passing through and you still need to get vaccinated, I encourage you to make time to get your shot so we can finally defeat this virus." 

The sites will be open from Monday, May 24 to Friday, May 28 at the following airports:

• JFK International Airport 
• LaGuardia Airport 
• Westchester County Airport 
• Albany International Airport 
• Syracuse Hancock International Airport 
• Greater Rochester International Airport
• Buffalo Niagara International Airport 

And the Next Stop Is! Join us at the Station Areas and give us your input around the future of the Parkchester/Van Nest & Morris Park Station Areas!

 

Get on board with us and tell us what your vision is!   The Bronx Metro-North Study (BMNS) Team invites you to the BMNS Remote Open House to continue the conversation about New York City’s station-area planning to prepare the Bronx for new Metro-North service in Parkchester/Van Nest and Morris Park.  The BMNS Remote Open House currently focuses on the Morris Park and Parkchester/Van Nest station areas but will be expanded to cover Hunts Point and Co-op City by the end of summer. We want to hear directly from the community and all stakeholders. Share with us your vision, recommendations, and needs by participating in our station-area surveys-- it only takes 10-15 minutes to complete! And the next stop is...

Parkchester/Van Nest Station Area: click here to get on board and take our survey Morris Park Station Area: click here to get on board and take our survey

Be sure to also visit our Remote Open House to watch our station-area overview videos and to read our draft recommendations and more by clicking below.   Remote Open House

Zoning Proposal Makes It Easier for Small Businesses to Open and Provide Valuable Health-Related Amenities and Services To New York City Communities

 

Public review begins for Health and Fitness Text Amendment; cutting red tape for Gyms, Spas and License Massage Therapy

  City Planning Commission (CPC) Chair Marisa Lago today announced the start of public review for the Health and Fitness Text Amendment. The proposal would remove burdensome and outdated rules that currently exist for gyms, spas and licensed massage therapy, helping an industry reeling from the impacts of the pandemic to recover more quickly and supporting the City’s long-term goals of health equity. 

“We New Yorkers love our neighborhood health and fitness facilities! But starting these types of business can be a multi-thousand-dollar headache because of seriously outdated zoning restrictions. Health and fitness facilities, many of which are small businesses, are desirable amenities that improve the well-being of New Yorkers. By removing the antiquated requirement for a discretionary special permit and cutting red tape, we’re supporting small businesses, improving equity and making health and fitness facilities easier to open in neighborhoods across the city,” said CPC Chair Marisa Lago.

 

“This administration is committed to cutting red tape so our small businesses can come back stronger than ever,” said Jonnel Doris, Commissioner of the NYC Department of Small Business Services (SBS). “We are thrilled to see this proposal come together as it will eliminate unnecessary and costly permits – and allow health clubs, gyms and studios to reopen and expand into even more areas of the city.”

 

Over the past few decades, health and fitness facilities have disproportionately located in lower Manhattan and other locations near the Central Business Districts in western Brooklyn and Queens, while neighborhoods farther from the commercial core of the city have seen far fewer facilities. The proposed changes will help ensure that communities across New York City have access to important health and fitness amenities.

 

Unlike many other commercial businesses, opening a gym, spa or licensed massage therapy studio currently requires a special permit from the Board of Standards and Appeals (BSA). The process for obtaining this special permit is expensive, often adding six months and up to $50,000 in additional costs to open health and fitness facilities, a high barrier for small and independent businesses. The Health and Fitness Text Amendment would remove this special permit and allow these valuable facilities to open without the added steps, saving them time and money.

 

In addition to removing regulatory barriers for these businesses to open, the proposal would provide more flexibility for health-related businesses to locate in more areas across the city. Small gyms, like martial arts and boxing studios, and spas would be allowed along many commercial streets across the city where they are not currently allowed. Similarly, licensed massage therapy would be permitted in locations where other outpatient health care facilities are allowed, providing more options for these businesses.

 

“IHRSA applauds the introduction of the Health and Fitness Text Amendment as a common-sense approach to fixing an outdated permitting process and reducing red tape for fitness and health-related businesses, which the city needs now more than ever. The elimination of special permits for health clubs, gyms and studios will make it easier for the public to access safe and supportive places to exercise and allow small businesses to recover and grow,” said Brent Darden, Interim President and CEO, IHRSA, The Global Health & Fitness Association

 

“The Health and Fitness Text Amendment is an important step in removing antiquated red tape for wellness and fitness businesses to open in New York City. These businesses are essential to the wellbeing of our communities, the employment of our citizens and the recovery of our neighborhoods. The removal of the costly and outdated burden of acquiring a special permit will encourage the growth of our industry after a year when our industry was amongst the hardest hit and slowest to recover. This is a wonderful step in aiding small businesses in the self-care industry to once again grow in NYC,” said Amanda Freeman, Founder and CEO of the Boutique Fitness Alliance.

 

“It takes all New York City residents to ensure that our city recovers its economic health as all New Yorkers recover healthy in mind, body and spirit. DCP has been working with The New York State Society of Medical Massage Therapists, Inc. (NYSSMMT), one of oldest professional associations in the US for massage therapy since 1927. We thank DCP for the outreach and perfect timing in contacting NYSSMMT. This rezoning proposal will bring some long overdue relief and encouragement to many licensed massage therapists who can now consider that they can confidently bring their practice stand alone to high demand or underserved communities while being seen as another healthcare option. Also, it will heighten the distinction that licensed massage therapy – whether in a clinic, studio or spa – belong in its zoning home with other healthcare professionals. Our patients and clients are the real winners to benefit from the rezoning of licensed massage therapy,” said Kristina Hinckson, President, The New York State Society of Medical Massage Therapists, Inc.

 

“The current permitting process for fitness and spa businesses in NYC is costly and time consuming, especially for small businesses that have already suffered so much as a result of the COVID-19 pandemic. As a company that partners with thousands of studios and spas, we at ClassPass believe that the Health and Fitness Text Amendment will help small businesses to more efficiently reopen, create job opportunities, and ultimately begin rebuilding the fitness and wellness industry in NYC post-COVID. The proposed changes will also expand the neighborhood reach of wellness-focused hubs in our communities, helping more New Yorkers to invest in their wellbeing and boosting foot traffic to other local businesses,” said Shari Castelli, Director of Industry Development at ClassPass.

 

The Health and Fitness Text Amendment implements a recommendation made in SBS' Small Business First report, a comprehensive plan released in 2015 on ways to reduce regulatory burdens on small businesses throughout New York City.

 

The Health and Fitness Text Amendment will be referred out to all Community Boards for review, followed by all five Borough Presidents and Borough Boards. The proposal will then go to the City Planning Commission for a public hearing and vote, followed by the City Council. 

 

Department of City Planning

The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.

 

In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space

227 Days and Counting

 

I have to go to the Bronx to break ground for the New Hip Hop Museum near Yankee Stadium. My old Red Sox shirt doesn't fit anymore so let me wear this Brooklyn Nets shirt since I am from Brooklyn. I can tell Bronx Borough President Ruben Diaz Jr, that he did the right thing, because as Mayor of New York City you get 'No Respect'. So let me chill, cause my name is Bill, and I am the mayor of this city, so lets rap like P. Diddy.

Mayoral Candidate Ray McGuire Visits Riverdale to Walk Johnson Avenue with Councilman Eric Dinowitz

 

They met at Starbucks on Johnson Avenue at West 235th Street in Riverdale, Mayoral candidate Ray McGuire and Councilman Eric Dinowitz. The two walked along Johnson Avenue stopping to talk to people eating outdoors at one of the many different eateries on Johnson Avenue. This was not an endorsement, but a new Councilman bringing another mayoral candidate to see a part of the Eleventh City Council District. 

The pair stopped at Riverdale favorite Metate Mexican food a fixture on Johnson Avenue, to talk with diners, and a mother pushing a stroller nearby.

The pair strolled past another Johnson Avenue favorite, the Blue Bay Diner.

The pair wound up at Menchie's Yogurt Store, another Johnson Avenue favorite, as they talked to more people on the street. 

RECOVERY FOR ALL OF US: STANDARD & POOR’S GLOBAL RATINGS LIFTS NEW YORK CITY'S GENERAL OBLIGATION BOND CREDIT OUTLOOK

 

The revision to “stable” confirms the City’s sound fiscal recovery strategy

 Standard & Poor’s Global Ratings (S&P) revised its outlook to stable on New York City’s general obligation (GO) bonds and affirmed the AA rating assigned to its outstanding GO debt. The return to a stable outlook reflects recognition of reduced uncertainty of pandemic-caused credit stress, robust federal stimulus, and the effectiveness of the City’s financial planning in the face of severe budgetary stress.   

S&P based its revision on the city’s successful vaccination efforts, receipt of more than $15 billion in stimulus that is invested in the current financial plan, and budget actions including the restoration of $1.6 billion in budget reserves through the Retiree Health Benefits Trust and the removal of unspecified labor savings in Fiscal Years 2021 and 2022. Further, the rating agency recognized that the most recent New York State Budget allocates long awaited Campaign for Fiscal Equity education funding to New York City which ramps up to $1.1 billion annually over the financial plan.

 

Additionally, S&P affirmed its A+ rating on debt issued by the Hudson Yards Infrastructure Corporation.

 

“New York City is resilient and we’re coming back strong,” said Mayor Bill de Blasio. “A recovery for all of us means investing in our people and building the right foundation for a post-COVID economy.” 

 

“Rating agencies are forward-looking financial monitors.  S&P’s decision to raise the City’s bond rating outlook, coming right after Moody’s similar action last week, is a vote of confidence in the City’s economic recovery, strong fiscal management by the de Blasio administration and resiliency of New Yorkers,” said Lorraine Grillo, Senior Advisor for Recovery.

 

The S&P revision comes shortly after Moody’s Investor Services raised the city’s GO bond credit outlook to stable and affirmed actions the City has taken to maintain fiscal stability in response to the crisis brought on by COVID-19, the greatest budgetary stress test the city has faced in generations. Moody’s highlighted the role of City’s vaccination program, stressed that high vaccination rates as compared with the US overall will drive confidence in the local economy, and noted the positive effect that the city’s accelerating reopening will have on employment and tax revenues. The agency also affirmed that outyear budget gaps are manageable.

 

In April, Mayor Bill de Blasio presented the Recovery Budget, New York City’s $98.6 billion Executive Budget for Fiscal Year 2022 (FY22). The Recovery Budget is an historic stimulus-driven investment in the city’s comeback that will drive economic growth, lift up working families and small businesses, promote academic and social resilience and ensure a clean and safe city for all. The Recovery Budget is fiscally responsible with $4.59 billion in budget reserves and $3.9 billion in savings achieved in the Citywide Savings Program which stretches across Fiscal Years 2021 and 2022.

 

Read S&P’s May 18, 2021 rating report here, and Moody’s May 13, 2021 Rating Action Report here.