Attorney General James Responds to Record High Overdose Deaths During COVID-19 Pandemic

 

 New York Attorney General Letitia James released the following statement after the Centers for Disease Control and Prevention (CDC) announced that overdose deaths topped 93,000 in the United States in 2020 — a record high — as the coronavirus disease 2019 (COVID-19) pandemic ravaged communities across the nation:  

“We are in the throes of dual crises, both of which have ravaged our communities and claimed far too many lives. As we recover and rebuild from the COVID-19 pandemic, we must not forget to reflect on the impact drug overdoses have had on our state and our nation. The United States lost a record high of 93,000 lives last year due to drug overdoses. This excruciating loss overwhelmingly comes at the hands of the different opioid manufacturers and distributors responsible for an epidemic that has decimated communities across New York and the rest of the country.

“These new numbers are a painful sign that swift and concrete action is desperately needed. That is why I have devoted, and will continue to devote, my efforts to sending every dollar possible, as quickly as possible, to local communities to fund opioid abatelement efforts. We’ve already secured the delivery of hundreds of millions of dollars to New York for prevention, treatment, and recovery programs, but more is needed as this crisis is far from over.”

Aquilino Torres Convicted Of Kidnapping And Stalking

 

 Audrey Strauss, United States Attorney for the Southern District of New York, announced today that AQUILINO TORRES was convicted of kidnapping, kidnapping of a minor, and stalking for the October 2020 kidnapping and stalking of an adult female victim (“Victim-1”) and the kidnapping of Victim-1’s 7-year-old son (“Minor Victim-1”).  TORRES was convicted following a one-week jury trial before U.S. District Judge Denise L. Cote.

Manhattan U.S. Attorney Audrey Strauss said: “Aquilino Torres threatened to kill a 7-year-old child in carrying out a brutal kidnapping of the child and his mother.  Torres then held his victims captive and physically abused both mother and child.  Thanks to the FBI and NYPD, Torres was apprehended, prosecuted, and now stands convicted of these horrific crimes.”

As reflected in the Indictment, documents previously filed in the case, and evidence introduced at trial:

On or about October 5, 2020, TORRES texted and called Victim-1 hundreds of times, including a text threatening to “kick [Minor Victim-1’s] teeth out.”  Later that night, TORRES took Victim-1 and Minor Victim-1 to a motel in the Bronx, where he hit Minor Victim-1 in the face and assaulted Victim-1, breaking her jaw.  While TORRES assaulted Victim-1, he told Victim-1, in sum and substance, that he would hang Victim-1 and that Minor Victim-1 would be found dead in the river.  For the next five days, TORRES held Victim-1 and Minor Victim-1 against their will at an apartment in Washington Heights, without medical treatment for Victim-1’s broken jaw.  On or about October 10, 2020, Victim-1 and Minor Victim-1 escaped from the apartment and were admitted to a hospital shortly thereafter.  In response to their escape, between on or about October 10, 2020, and on or about October 13, 2020, TORRES once again sent Victim-1 hundreds of threatening text messages and called Victim-1 hundreds of times.  For example, TORRES texted Victim-1, in sum and substance, that, if he made the decision to go looking for her, “there won’t be turning back.”  TORRES followed through on those threats and attempted to track down Victim-1 and Minor Victim-1 after they escaped. 

TORRES, 27, was found guilty of (i) one count of kidnapping, in violation of 18 U.S.C. §§ 1201(a)(1) and (b), which carries a maximum sentence of life in prison, (ii) one count of kidnapping of a minor, in violation of 18 U.S.C. §§ 1201(a)(1), (b), and (g), which carries a maximum sentence of life and a mandatory minimum sentence of 20 years, and (iii) one count of stalking, in violation of 18 U.S.C. §§ 2261A(2)(A) and (B), 2261(b)(3), and 2265A, which carries a maximum sentence of 20 years. 

Ms. Strauss praised the outstanding investigative work of the FBI-NYPD Violent Crimes Task Force.  

DiNAPOLI: LOCAL TAX CAP WILL BE TWO PERCENT IN 2022

 

 Property tax levy growth will be capped at 2% for 2022 for local governments that operate on a calendar-based fiscal year, State Comptroller Thomas P. DiNapoli announced today. This figure affects tax cap calculations for all counties, towns, and fire districts, as well as 44 cities and 13 villages. 

"Allowable tax levy growth will be limited to 2% for a third time in four years for local governments with calendar fiscal years," DiNapoli said. "As the economy recovers from the pandemic, local governments have seen some revenues rebound and have benefited from one-time federal financial assistance. At the same time, the risk of inflationary cost increases and the need for investments that will stimulate economic growth and fund essential services may lead to challenging budget decisions ahead.”

The tax cap, which first applied to local governments and school districts in 2012, limits annual tax levy increases to the lesser of the rate of inflation or 2% with certain exceptions, including a provision that allows municipalities to override the tax cap.

The 2% cap for the 2022 fiscal year is the third time since 2019 that municipalities with a calendar year fiscal year (Jan. 1 through Dec. 31) had their levy growth capped at that amount. In 2021, the allowable levy growth was 1.56%.

The Office of the State Comptroller has created a financial toolkit containing resources that can be useful to local officials in the wake of COVID-19 pandemic. 

Chart

Allowable Tax Levy Growth Factors for Local Governments

171 Days and Counting

 

Today I go up to the Bronx to unveil a $1.43 Trillion Dollar program to revitalize our public school system over the next ten years while fighting climate change with Congressman Jamaal Bowman, and other local Bronx elected officials. I expect State Senator Jamaal Bailey the Bronx Democratic Party Leader to be there, so I have to be careful that I don't mix them up. 

With all the shootings up there on the Bronx I will have plenty of police protection with me, and get the hell out of the Bronx as soon as I can. Since I took all the power away from the police, crime has increased, and so has shootings, especially in the Bronx. That will be Mayor Eric Adams and Bronx Borough President Vanessa Gibson's problem when Ruben Diaz Jr. and I leave on January 1st due to term limits. 

Rep. Jamaal Bowman Unveils Green New Deal for Public Schools

 

The groundbreaking legislation will invest $1.43 trillion over 10 years to revitalize our public school system while combating the climate crisis

 The ambitious new legislation — which aims to invest $1.43 trillion over 10 years in public schools and infrastructure to combat climate change — would make a transformative and unprecedented investment in public school infrastructure by upgrading every public school building in the country, addressing historical harms and inequities by focusing support on high-need schools, and hiring and training hundreds of thousands of additional educators and support staff. If enacted, the legislation would fund 1.3 million jobs per year and eliminate 78 million metric tons of CO2 annually, the equivalent of taking 17 million cars off the road.

 

“It’s time for a revolution in public education,” said Rep. Jamaal Bowman. “As we deal with a devastating climate crisis caused by decades of unchecked corporate greed, we need to center our children and their future. The Green New Deal for Public Schools represents the level of school infrastructure investment that is urgent and necessary to heal the harm from decades of disinvestment, redlining and cycles of poverty and trauma, particularly for Black and brown children. What this comes down to is whether we’re willing to provide our kids with the resources they need to realize their brilliance and have a livable planet. Do we want to continue building a world based on militarization, incarceration, poverty, and destruction of resources? Or will we take advantage of this moment, put our kids and educators first, and treat the climate crisis as the emergency it is? This legislation is what we need to put us on the right side of history.” 

 

The Green New Deal for Public Schools proposes $1.43 trillion in new funding over 10 years, including the following distribution of resources:

• $446 billion in Climate Capital Facilities Grants and $40 billion for a Climate Change Resiliency Program
• Climate Capital Facilities Grants will fully fund healthy green retrofits for the highest-need third of schools, as measured by the CDC Social Vulnerability Index, and offer a mix of grant funding and no- or low-interest loans for the middle and top thirds. Grants will cover two-thirds and one-third of retrofit costs for these schools, respectively. 
• $250 billion in Resource Block Grants
• Resource Block Grants will fund staffing increases, expanded social service programming, and curriculum development at high-need schools. The program will allow Local Educational Agencies across the country to hire and train hundreds of thousands of additional educators and support staff, including paraprofessionals, school psychologists and counselors, and learning specialists. The funds may also be used to design locally-rooted curricula; adopt trauma-informed, culturally responsive, and restorative justice practices, to move towards a “whole child” approach to public education; and partner with community organizations to offer a range of services to schools and surrounding neighborhoods, such as after-school programs. 
• $100 million for an Educational Equity Planning Grants Pilot Program
• Educational Equity Planning Grants will encourage neighboring Local Education Agencies to form regional consortia, which will receive funding to conduct extensive community outreach, identify the historical and current sources of educational disparities within the region, and create and implement a Regional Education Equity Plan to address those disparities. This pilot program is modeled on the U.S. Department of Housing and Urban Development’s Sustainable Communities Regional Planning Grants, which are designed to encourage equitable, locally-driven economic development. 
• $695 billion over 10 years for Title I and IDEA (Individuals with Disabilities Education Act) increases
• This bill proposes quadrupling Title I funding to reach $66 billion annually to support schools and districts with students living in poverty, as well as increasing funding for IDEA Part B to reach $33 billion annually to support students with disabilities.

 

“Our country’s public schools should be safe, welcoming and sustainable for every child, regardless of geography or demography,” said American Federation of Teachers President Randi Weingarten. “As we navigate the ever-growing climate crisis and school buildings that are ill-equipped to deal with it, we find ourselves with a once-in-a-generation opportunity to meet the moment, and ensure all our students can learn in schools where they can drink clean water, breathe clean air and be free from mold and broken windows. This bill makes the bold investments in America’s K-12 education system we need, from retrofitting school buildings, to investing in school staff and mental health professionals, all while addressing historic inequities so we can build a just future where every kid can access basic opportunities to thrive.”

 

Three Defendants Charged In Organized Crime Money Laundering Scheme

The Defendants Executed Money Laundering Transactions and Discussed Moving Tens of Millions of Dollars with Undercover Agents 

 Audrey Strauss, United States Attorney for the Southern District of New York, and Aaron C. Rouse, Special Agent in Charge of the Las Vegas Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an indictment charging YOSEF COHEN, a/k/a “Joe,” VAGUE SHAGENOVICH TERGALSTANYAN, a/k/a “Vahe,” a/k/a “Vic,” and IGAL BEN HANAN with conspiracy to commit money laundering. 

TERGALSTANYAN and COHEN were arrested and presented in California on July 9, 2021, and July 12, 2021, respectively, and will be arraigned in Manhattan federal court at a later date.  BEN HANAN was arrested on July 12, 2021, and will be presented later today in Nevada.  The case is assigned to U.S. District Judge Laura Taylor Swain.

Manhattan U.S. Attorney Audrey Strauss said: “As alleged, the defendants conspired to launder millions of dollars of illicit proceeds.  Thanks to the hard work of the FBI, the defendants face serious federal charges.”

FBI Special Agent-in-Charge Aaron C. Rouse said: “This case is an outstanding example that demonstrates the strength of the FBI’s partnerships with national and international law enforcement.  The FBI takes pride in combating the most dangerous crime organizations in the world.  This should be a wake-up call to criminals that regardless of where they think they can hide, the FBI and our partners will find them and bring them to justice.” 

According to the allegations in the Indictment:[1]

COHEN, TERGALSTANYAN, and BEN HANAN worked on behalf of organized criminal enterprises operating in several countries around the world.  In recorded conversations with undercover law enforcement officers (the “UCs”) who represented themselves to be members of an international organized criminal enterprise that distributed narcotics and laundered money, the defendants planned money laundering transactions of narcotics proceeds and discussed moving tens of millions of dollars of illicit money on behalf of international criminal organizations.  The defendants conspired to execute, and did execute, money laundering transactions with the UCs and others known and unknown.

On several occasions, the defendants arranged for the UCs to pick up narcotics proceeds, in cash, from locations in the United States and then deliver the cash to the defendants, minus a percentage-based fee paid to the UCs for laundering the proceeds.  For example, as arranged by the defendants, the UCs picked up approximately $208,000 in cash in Medford, New York, and delivered the cash, minus an arranged fee, to TERGALSTANYAN in California.  In addition to discussing money laundering transactions with a UC who was in New York, New York, TERGALSTANYAN later proposed that the UCs pick up and launder one to two million dollars of marijuana proceeds in cash every week in Manhattan. 

In another scheme, for example, the defendants conspired to fraudulently obtain a business visa for BEN HANAN so that BEN HANAN could move to the United States.  In order for BEN HANAN to obtain a business visa, BEN HANAN’s purported business needed funds on deposit that appeared to be legitimate investments.  COHEN proposed that the UCs provide COHEN with $150,000 in cash, and COHEN would use COHEN’s purported businesses to provide funds to BEN HANAN’s purported business.  The UCs provided the cash to COHEN, which was represented to be narcotics proceeds that had not yet been laundered.  Subsequent wire transfers sent by the defendants to the UCs as repayment were falsely described by the defendants as accounting for a particular month or time period, so as to appear like legitimate business transactions.

YOSEF COHEN, 58, of Calabasas, California, VAGUE SHAGENOVICH TERGALSTANYAN, 38, of Glendale, California, and IGAL BEN HANAN, 43, of Las Vegas, Nevada, were each charged with one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), which carries a maximum sentence of 20 years in prison.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants would be determined by a judge.

Ms. Strauss praised the outstanding investigative work of the FBI.  This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.  Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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

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

 

Statewide 7-Day Average Positivity is 0.95%

36,255 Vaccine Doses Administered Over Last 24 Hours

349 Patient Hospitalizations Statewide

2 COVID-19 Deaths Statewide Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress combating COVID-19.

"New York continues to fight COVID-19 with every available resource, but to beat this virus for good, we need New Yorkers to take advantage of our most effective one—the vaccine," Governor Cuomo said. "More New Yorkers continue to get vaccinated each and every day and it's critical those who haven't gotten their shot yet do so immediately. There are no more excuses—vaccination sites remain open across the state and the supply is there, so I am urging all those who have yet to receive the vaccine to take advantage of these resources and get your shot today."

Today's data is summarized briefly below:

• Test Results Reported - 75,015
• Total Positive - 812
• Percent Positive - 1.08%
• 7-Day Average Percent Positive - 0.95%
• Patient Hospitalization - 349 (+0)
• Patients Newly Admitted - 52
• Patients in ICU - 79 (-1)
• Patients in ICU with Intubation - 33 (+2)
• Total Discharges - 185,559 (+51)
• Deaths - 2
• Total Deaths - 43,020
• Total vaccine doses administered - 21,647,440
• Total vaccine doses administered over past 24 hours - 36,255
• Total vaccine doses administered over past 7 days - 248,194
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 70.6%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 65.3%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 73.4%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 66.9%
• Percent of all New Yorkers with at least one vaccine dose - 58.9%
• Percent of all New Yorkers with completed vaccine series - 54.2%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 61.2%
• Percent of all New Yorkers with completed vaccine series (CDC) - 55.5%

MAYOR DE BLASIO, COMMISSIONER CAMPION ANNOUNCE NEW AND IMPROVED HEALTH BENEFITS PROGRAM FOR CITY RETIREES

 

The NYC Medicare Advantage Plus Program will provide new and better benefits for retirees while controlling costs and strengthening the system into the future 

 Mayor Bill de Blasio and Labor Relations Commissioner Renee Campion today announced an agreement with the Municipal Labor Committee to implement the NYC Medicare Advantage Plus Program, a custom program for City retirees, beginning January 1, 2022. The agreement stems from the June 2018 Health Savings Agreement which established a Tripartite Labor Management Task Force to study ways to implement health care cost savings. Implementing the NYC Medicare Advantage Plus Program will produce approximately $600 million annually in health care cost savings for the system.   

"The City’s commitment to our retirees is unwavering, and our new plan increases both quality and benefits for retirees while also lowering costs for the City and its taxpayers," said Mayor Bill de Blasio.  

  

“We know that change can be difficult, but we are confident that this will be implemented with little disruption and that the City will continue to provide high quality healthcare to its over 1.2 million active employees, retirees, and dependents,” said Commissioner of Labor Relations Renee Campion.   

   

After careful consideration, the City and the Municipal Labor Committee selected an alliance between Anthem Blue Cross and Emblem Health to provide the NYC Medicare Advantage Plus Program. This provides continuity for the majority of employees and retirees who are currently enrolled in the City’s CBP and Senior Care programs. The program is rated four stars by Medicare.  

The NYC Medicare Advantage Plus Program replaces the current Senior Care program, which is a supplement to traditional Medicare, as the program that is free to all retirees. Other buy up options, including the Senior Care plan and the HIP VIP program will remain available to retirees.   

  

The NYC Medicare Advantage Plus Program replaces both traditional Medicare and a Medicare Supplement plan with a single integrated program administered by an insurer approved by Medicare. The plan must follow Medicare rules and provide all benefits provided by Medicare. The plan will not only cover all the traditional Medicare benefits as well as the benefits covered by the Senior Care supplemental plan, but will also add some important new benefits including 24 trips to doctors’ offices, home meals delivery for patients after they are discharged from the hospital, a fitness program, a wellness rewards program and telemedicine.  

  

In conjunction with the insurer, the City plans to have an extensive education program in the summer and early Fall that will include virtual and in person meetings, mailings and outreach calls to every one of our 250,000 retirees. Retirees will still be eligible for the reimbursement of the Medicare Part B benefit that they receive today.  

  

A major concern for retirees is whether they can keep their current doctors and hospitals in a NYC Medicare Advantage Plus Program. In the City’s Medicare Advantage Plus Program, a retiree can go to any doctor or hospital that accepts Medicare. It doesn't make a difference if that provider is in the insurer's network or not. As long as the provider takes payment from Medicare, they are obligated to accept the NYC Medicare Advantage Plus Program payment. That includes all the hospitals in the NYC area, including those at Memorial Sloan-Kettering and The Hospital for Special Surgery (HSS), and almost all hospitals nationally and 99.5% of all doctors. The program is a national program so it covers retirees in any State in which they work or reside and when they travel.

The City spends over $1 billion a year on retiree benefits, including the Part B Medicare reimbursement, and this will help the City control those costs while improving the quality of care for retirees. Nationally, Medicare Advantage plans have grown quickly in popularity and about four in ten retirees are now covered by a Medicare Advantage plan in lieu of traditional Medicare.  

  

Materials about the NYC Medicare Advantage Plus Program will be distributed to all retirees in early August and there will be a call center established by the Retiree Alliance to handle inquiries at that time.