Friday, September 17, 2021

Attorney General James Secures $380,000 From Fraudsters Who Crashed Hoop Dreams of Unsuspecting Youth


AAUCONNECT Ordered to Pay Nearly $380,000 in Restitution and Penalties 

Additional Consumers Affected Should File Complaint With OAG  

 New York Attorney General Letitia James today announced a judgment secured against an Endicott-based high school and post-graduate basketball program and its owners for defrauding consumers by misrepresenting their program and services. AAUCONNECT falsely advertised itself as a premier basketball training program across the state, and took money from families, but never actually provided the training, housing, and education it promised attendees of the program. The judgment directs AAUCONNECT and its owners — Chris Bevin and Hazel Ward — to pay a total of nearly $380,000 in restitution and penalties, nearly $239,000 of which will go directly to the already identified 27 families that were duped by the program and its owners. The court has also granted any additional consumers to submit their claims by December 9, 2021 to receive restitution. 

“Instead of connecting young people with real opportunities and providing them access to a premier basketball training program, AAUCONNECT and its owners cheated students out of their money and their futures,” said Attorney General James. “While so many have now lost a shot at their hoop dreams, we’ve ended AAUCONNECT’s fraudulent practices and run out the clock on their illegal operation. This judgment should serve as a loud and clear message that we will never tolerate anyone who preys on the hopes and aspirations of young New Yorkers to line their pockets. My office is committed to protecting individuals from deceptive practices, and we will continue to hold those accountable to the fullest extent of the law.” 

The Office of the Attorney General (OAG) filed a lawsuit in September 2018 against AAUCONNECT.COM and its owners, alleging they advertised unverified claims that their program was the top post-graduate boys and girls basketball program in the northeast, “the best in New York,” and that it had “the very best coaching, training & educational facilities and college placement service.” However, AAUCONNECT never operated a female post-graduate basketball program and failed to provide coaching staff with the training, background, or experience that consumers paid for and expected. Consumers also complained that Bevin and Ward — who held the roles of CEO and Admissions Counselor for the company — were absent owners that lived outside of the U.S. and were never present to supervise the program or address problems that arose.  

Additionally, AAUCONNECT failed to clearly disclose to consumers that any payments were non-refundable or that they charged significant fees for late payments. Finally, the company failed to pay refunds after consumers left the program due to Bevin and Ward’s inability to provide the advertised services and accommodations.  

In May 2020, Attorney General James secured a victory in her lawsuit against AAUCONNECT, forcing the company and its owners to shut down their fraudulent program and issue refunds to consumers who were affected.  

This judgment directs AAUCONNECT, Bevin, and Ward to pay $238,833.49 in restitution to the 27 identified victims and $141,000 in civil penalties and costs. The court also granted any additional consumers to submit validation of their restitution claims by December 9, 2021. 

Attorney General James encourages any additional consumers who believe they may have been deceived by Bevin, Ward, or AAUCONNECT to file a complaint online with the OAG’s Binghamton Regional Office or by calling (607) 251-2764.   

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 17, 2021

 

64,055 Vaccine Doses Administered Over Last 24 Hours

34 COVID-19 Deaths Statewide Yesterday


 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

"New Yorkers continue to battle COVID-19 every single day in hospitals and homes across our state, and we have to vaccinate more people to curb the spread of this terrible virus," Governor Hochul said. "We're taking decisive action to keep New Yorkers safe in schools and other facilities, but increasing the vaccination rate will push us across the finish line for good. The vaccine is safe, free and effective, and millions of New Yorkers have taken it, so I urge everyone who hasn't yet received their shot to do so right away."

Today's data is summarized briefly below:

  • Test Results Reported - 213,002
  • Total Positive - 5,781
  • Percent Positive - 2.71%
  • 7-Day Average Percent Positive - 3.09%
  • Patient Hospitalization - 2,395 (+21)
  • Patients Newly Admitted - 313
  • Patients in ICU - 567 (+5)
  • Patients in ICU with Intubation - 314 (+9)
  • Total Discharges - 197,326 (+256)
  • New deaths reported by healthcare facilities through HERDS - 34
  • Total deaths reported by healthcare facilities through HERDS - 44,104

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

  • Total deaths reported to and compiled by the CDC - 56,184

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

  • Total vaccine doses administered - 24,563,158
  • Total vaccine doses administered over past 24 hours - 64,055
  • Total vaccine doses administered over past 7 days - 374,115
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 79.7%
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 72.0%
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 82.2%
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 73.7%
  • Percent of all New Yorkers with at least one vaccine dose - 67.4%
  • Percent of all New Yorkers with completed vaccine series - 60.6%
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 69.6%
  • Percent of all New Yorkers with completed vaccine series (CDC) - 62.1%

110 Days and Counting Governor Hochul or is it Hochul-Cuomo

 


Look I don't care what Governor Kathy Hochul signed into law today, whatever it is called. 'Less is More or More is Less' bill. She has been the lieutenant Governor for seven years we did not hear a peep out of her about Riker's Island. Now that she will be running for Governor next year Kathy Hochul is full of comments and answers about New York's problems.


Governor Hochul is just like Governor Cuomo, she placed on JCOPE the same person Governor Cuomo did, and JCOPE led by this new Governor Hochul-Cuomo, led his fellow judicial branch members to say that Andrew Cuomo can keep the five million dollar he is expected to receive from the book. Then Governor Hochul says she could not find anyone better, Come on Kathy, how much is Andrew Cuomo going to donate to your campaign next year?

Two Defendants Arrested For Operating Narcotics Delivery Service Responsible For Three Overdose Deaths

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Ray Donovan, Special Agent in Charge of the New York Division of the Drug Enforcement Administration (“DEA”), announced that JOSE LUIS TEJADA AYBAR (“TEJADA”) and ALLEN ALEXIS ABISADA GUZMAN (“ABISADA”) were charged in criminal complaints unsealed in Manhattan federal court with narcotics conspiracy resulting in the deaths of Marsha Clarke of the Bronx, New York, and Martin Banks and Edward Lynch of Yonkers, New York.  TEJADA was arrested this morning and will be presented later today before United States Magistrate Judge Ona T. Wang in Manhattan.  ABISADA was arrested today and will be presented tomorrow before United States Magistrate Judge Jonathan Goodman in Miami. 

Manhattan U.S. Attorney Audrey Strauss said: “As alleged, the defendants operated an on-demand delivery service for the distribution of highly addictive and dangerous drugs.  The cocaine distributed by the defendants’ service was laced with the deadly synthetic opioid fentanyl, and as alleged, caused the deaths of three victims.  Thanks to the tireless efforts of law enforcement, the defendants’ delivery service is no longer in business.”

Police Commissioner Dermot Shea said: “Every overdose in New York City is traced back to its source by the NYPD and its enforcement partners, to prevent the senseless kinds of deaths the victims in this case suffered. I commend our investigators and the prosecutors in the United States Attorney’s Office for the Southern District in New York for tirelessly fighting this scourge with every tool at our disposal.”

DEA Special Agent in Charge Ray Donovan said: “Today’s arrests illuminate the dangers associated with fentanyl-tainted street drugs.  Tejada’s alleged drug delivery service put lethal doses of drugs into three New Yorker’s hand, causing their overdose.  Too many lives have been lost to fentanyl-related overdoses and I applaud the NYPD, the U.S. Attorney’s Office, the DEA Homestead Resident Office, and members of the New York Strike Force for their diligent efforts in this investigation.”

As alleged in the Complaints[1]:

From at least January 2018 to at least in or about February 2020, TEJADA and ABISADA operated a narcotics delivery service (the “Cab Louie Delivery Service”) in the New York City area.  On or about September 19, 2019, ABISADA, working for the Cab Louie Delivery Service, delivered cocaine to Clarke, Banks, and Lynch.  Within two days, the cocaine delivered by the Cab Louie Delivery Service, which was tainted with fentanyl, caused the overdose deaths of Clarke, Banks, and Lynch, as well as the hospitalization of Clarke’s husband. 

Soon thereafter, TEJADA saved on his phone a news article reporting the overdose deaths of Banks and Lynch.  TEJADA nevertheless continued to operate the Cab Louie Delivery Service.  From in or about October 2019 to in or about February 2020, TEJADA and ABISADA, operating through the Cab Louie Delivery Service, repeatedly sold cocaine to an NYPD undercover officer. 

 JOSE LUIS TEJADA AYBAR, 39, of Yonkers, New York, and ALLEN ALEXIS ABISADA GUZMAN, 40, of the Bronx, New York, are each charged with narcotics conspiracy resulting in death, which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison.   

The minimum and maximum potential sentences described above are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the assigned judge.

Ms. Strauss praised the outstanding investigative work of the NYPD Detective Borough Bronx Violent Crimes Squad and the Organized Crime Drug Enforcement Task Force (“OCDETF”) New York Strike Force.  The OCDETF New York Strike Force is a crime-fighting unit comprising federal, state, and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force and the New York/New Jersey High Intensity Drug Trafficking Area.  The Strike Force is affiliated with the DEA’s New York Division and includes agents and officers of the DEA, New York City Police Department, New York State Police, Homeland Security Investigations, U.S. Internal Revenue Service Criminal Investigation Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, U.S. Secret Service, U.S. Marshals Service, New York National Guard, Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.  Ms. Strauss also thanked the Yonkers Police Department and the Westchester County District Attorney’s Office for their assistance in the case, and thanked the DEA’s Miami Field Division for its assistance in the apprehension of ABISADA. 

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

[1] As the introductory phrase signifies, the entirety of the texts of the Complaints, and the descriptions of the Complaints set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation as to the defendants charged in the Complaints.

Attorney General James Protects NYC Children from Lead Poisoning in Housing

 

AG’s Investigation Found Major Landlord Lacked Compliance with New York City Childhood Lead Poisoning Prevention Act
A&E Will Pay $510,000 to Fund OAG Programs that Help Protect Children from Lead Poisoning

  New York Attorney General Letitia James announced today that her office has reached an agreement with a major New York City landlord to ensure that children living in its apartments are protected from dangerous lead-based paint. The agreement resolves the Office of the Attorney General’s (OAG) investigation into A&E Real Estate Holdings (A&E), which found that A&E was not in compliance with apartment inspection, lead hazard remediation, and other key requirements of New York City’s Childhood Lead Poisoning Prevention Act.

As a part of today’s agreement, A&E will continue to bring its apartments into compliance with the Childhood Lead Poisoning Prevention Act, and will report its compliance to the OAG for the next three years. A&E will also pay $510,000 to the OAG for initiatives aimed at protecting children from lead poisoning. This is the first announced agreement resulting from investigations that the OAG is conducting into New York City apartment building owner and operators’ compliance with the Childhood Lead Poisoning Prevention Act.

“The legacy of lead paint in housing continues to be an enduring threat to the health and future of our youngest New Yorkers,” said Attorney General James. “Children have the right to live in healthy, hazard-free environments, and their landlords have an obligation to ensure that happens. The health and safety of our children is paramount, and through today’s action, we will continue to ensure that they are always our priority.”

Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Children who have been exposed to even very low levels of lead are at risk for neurological and physical problems during critical stages of early development. In fact, no safe lead level in children has been identified. Children under six are more likely to be exposed to lead than any other age group, as their normal behaviors could result in them chewing lead paint chips; breathing in or swallowing dust from old lead paint that gets on floors, window sills, and hands; and can be found in soil, toys, and other consumer products. Lead poisoning in New York City is highest among children of color and children living in high-poverty neighborhoods.

Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. Beginning in the 20th century, paint with dangerously high levels of lead was used on both exterior and interior surfaces of housing in the United States. Lead paint has been found in approximately 43 percent of all of New York dwellings. In 1960, New York City prohibited the sale of paint with high levels of lead for residential use, New York state imposed a state-wide ban in 1970, and the federal government banned lead in paint in 1978. The vast majority of older, painted buildings contain some paint with lead levels higher than these bans. The New York City Childhood Lead Poisoning Prevention Act requires owners of apartments and houses built before 1960 to take critical safety measures to prevent lead poisoning in children tenants.

A&E owns and manages more than 10,000 apartments in buildings throughout New York City, most of which are located in Queens, Manhattan, and Brooklyn. The OAG’s investigation into A&E, beginning in 2018, determined that A&E violated several provisions of the Childhood Lead Poisoning Prevention Act related to notice requirements, annual inquiries, and turnover procedures. Specifically, A&E:

  • Did not ensure that tenants filled out the lease notice indicating whether children under the age of six would live in the apartment and did not ensure that it recorded that information;
  • Did not do the required follow-up when tenants did not respond to annual notices regarding whether children under the age of six lived in an apartment;
  • Did not confirm that it performed annual lead paint hazard investigations of all apartments where lease notices or annual notices indicated a child under the age of six lived;
  • Did not investigate for hazards beyond peeling lead paint prior to 2019;
  • Informed tenants of the results of annual investigations only when it discovered lead paint hazards and addressed work orders; and
  • Could not confirm that it complied with the requirements imposed by the Childhood Lead Poisoning Prevention Act when an apartment was vacated and it did not certify in new leases that it had done so.

A&E’s non-compliance resulted in the potential exposure to lead-based paint hazards, particularly for children under the age of six.

The agreement reached today requires A&E to achieve and maintain full compliance with all requirements of the Childhood Lead Poisoning Prevention Act, including taking actions to resolve lead-based paint violations open with the NYC Department of Housing Preservation and Development (HPD). A&E also agreed to take several measures beyond the requirements of the Childhood Lead Poisoning Prevention Act, including reporting directly to the OAG regularly on its compliance with the Act for the next three years, and paying $510,000 to the OAG to fund projects that help protect children from lead poisoning. Any future violation of the law by A&E violates the agreement and could subject the company to legal action by the OAG.

Attorney General James thanks HPD for its assistance in this and other, related ongoing investigations.

“HPD is committed to meeting the goals of LeadFreeNYC, keeping children safe from lead through enhanced enforcement against property owners who fail to meet their obligations and through education and resources for tenants and property owners,” said HPD Commissioner Louise Carroll. “We will continue to pursue enforcement through our own litigation and in joint efforts with partners like the attorney general, who utilize the work of our inspectors and lead-based paint enforcement teams to identify and audit buildings where lead-based paint regulations are not followed. I hope this settlement serves to let all property owners know how seriously HPD and the attorney general take lead-based paint compliance and encourages them to find out more about how to properly comply.”

CITY OF NEW YORK AWARDED $15 MILLION FEDERAL GRANT TO ADDRESS YOUTH HOMELESSNESS

 

 Mayor Bill de Blasio today announced the City of New York has been awarded a $15 million grant as part of the Youth Homelessness Demonstration Program (YHDP).  This funding, from the Department of Housing and Urban Development (HUD), will support a wide range of new housing and service interventions to prevent and end youth homelessness. New York City, through its Continuum of Care, a cross-sector coalition of homeless housing and shelter providers, consumers, advocates, and government, will work with a broad array of partners, including youth themselves, to develop a coordinated community plan to prevent and end youth homelessness. 

“New York City’s recovery will be driven by all of us, especially young New Yorkers,” said Mayor Bill de Blasio. “This $15 million award will help us build on our efforts to prevent and end youth homelessness for good. I’m proud of all of the city leaders and youth partners whose deep collaboration has led to this exciting opportunity.”

 

“We are thankful to HUD for this $15 million grant, which will help us create new solutions to address youth homelessness that build on our existing investments in youth beds, drop-in centers, pilot programs for cash transfers and more,” said Deputy Mayor for Health and Human Services Melanie Hartzog.  “I am also thankful for our partner agencies and the youth advocates who consistently collaborate to ending youth homelessness once and for all.”

 

“The City is excited to receive $15 million in federal funding to turn the Youth Homelessness Demonstration Program into real world solutions. Mayor de Blasio has prioritized this issue, as demonstrated by the Administration’s commitment to supportive housing, youth beds, the Youth Homelessness Taskforce, and specialized services for the LGBTQI community. We thank the U.S. Department of Housing and Urban Development, our community partners, and, most importantly, the young people who will help us develop innovative and effective strategies to reduce youth homelessness,” said Deputy Mayor for Strategic Policy Initiatives J. Phillip Thompson.

 

The de Blasio Administration has made multiple new investments to help youth experiencing homelessness transition off the streets and into permanent housing, including through the creation of hundreds of new youth beds at the Department of Youth and Community Development (DYCD), an expansion of twenty-four-hour DYCD youth drop-in centers in every borough, an investment in public private partnership to pilot a Direct Cash Transfer Project, an allotment of roughly 1,700 permanent supportive housing units through the NYC 15/15 initiative, the creation of the Youth Homelessness Taskforce, the appointment of a Senior Advisor for Youth Homelessness and an investment to design a mobile tool to better connect youth with resources and services. This award will build on those commitments. Projects will have a particular focus on especially vulnerable youth in New York City such as LGBTQ youth and youth of color who experience homelessness at disproportionate rates.  

 

“DYCD is proud to be the lead agency of this coordinated community planning process to develop a plan aimed at ending youth homelessness in the City. We look forward to engaging with stakeholders across all sectors, particularly the young people whose lived experiences will add a critical voice to the work. DYCD thanks HUD, our agency and community partners, and the young people of the Youth Action Board who will continue to be invaluable members of our team as we move forward,” said DYCD Commissioner Bill Chong.]


“Addressing the challenge of homelessness requires an all hands-on deck approach at every level of government, and we are pleased that our federal partners recognize the importance of collaboration in achieving our shared mission of supporting some of our City’s most vulnerable youth,” said DSS Commissioner Steven Banks. “This latest federal grant will advance the City’s ongoing efforts to connect youth experiencing homelessness in New York City to the resources and services they need to get back on their feet, including by funding the development of several new transitional and supportive housing facilities. As we emerge from this unprecedented crisis, we thank our federal partners for this important funding, which will help ensure that youth in our City can access opportunity and safe, stable housing.”


Governor Hochul Announces Major Actions To Improve Justice and Safety in City Jails

 Less Is More Bill signing

Signs the Less is More Community Supervision and Revocation Reform Act (S.1144A/A.5576A); 191 Individuals to be Immediately Released Having Served Their Sentences Under Less is More Standards

Announces Agreement with Department of Corrections and City to Allow for Incarcerated Individuals to be Transferred from Rikers Island to State Custody Here; 40 Individuals Per Day for at least 5 Days Sentenced to at least 90 Days to be Transferred


 Governor Kathy Hochul today announced actions to improve justice and safety in city jails. The Governor signed the Less is More Act (S.1144A/A.5576A) which modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person on parole. Governor Hochul also announced an agreement with the Department of Corrections and city to allow for incarcerated individuals who have been sentenced to at least ninety days to be transferred from Rikers Island to New York State facilities.

"Our fellow New Yorkers on parole deserve to reenter society with our support and respect - reincarcerating parolees for technical violations traps them and doesn't help our communities," Governor Hochul said. "New Yorkers currently serving sentences in jails and prisons also deserve our support - there is no justice in mistreating incarcerated New Yorkers. While this is just one step and more work needs to be done collaboratively with all levels of government, I am proud to take these steps to increase the safety in city jails, not only for those incarcerated, but for the staff who work tirelessly to keep operations running."

Lieutenant Governor Benjamin said, “I am thrilled that Governor Hochul is signing this historic parole reform bill today. When I was the state senator from Harlem, I introduced the Less Is More Act because the problem of mass incarceration had harmed our communities, and I knew we could have a safer, fairer, more just and equitable parole system in New York. I fought for years alongside the Less Is More coalition to get this bill through the legislature, and this year we finally did it. Today, as Lt. Governor, I am proud to stand with our Governor as she signs this bill into law. Through the Less is More Act, we can strengthen public safety -- that's why it's supported by District Attorneys and Sheriffs from around the state. And we can focus on racial justice and more effective reentry for people coming home from prison on parole -- that's why it's supported by more than 300 groups from every corner and region of our state. Over time, this bill will save the state hundreds of millions of dollars each year, and those funds can be more effectively focused on creating a stronger, safer New York for all, in every region of our state. I would like to thank our partners in the legislature for their work, and I would also like to thank all the community organizations that worked so hard to get this bill passed, in particular the Katal Center for Equity, Health, and Justice; Unchained; and A Little Piece of Light.”

Signs and Implements Less is More Legislation

The Less is More Act aims to ensure the Department of Corrections and Community Supervision focuses its resources on helping people successfully complete community supervision and avoiding future return to DOCCS custody or supervision.

Preventing these reincarcerations allows New York State to focus its limited resources on substantive parole violations. This promotes greater community safety and justice for families.

In addition, with the Governor signing the "Less is More" bill, in the spirit of this new legislation, DOCCS is currently reviewing the current parole violators and will work with City officials to immediately release up to 191 individuals, who will no longer qualify for incarceration.

Agreement with City of New York

The Department of Corrections and Community Supervision has worked with the City of New York to leverage an existing statute that will allow for hundreds of definite sentenced incarcerated individuals, which are those sentenced to at least one day but less than one year, to be transferred from Rikers Island to State custody, where they will serve out their sentences in DOCCS facilities. 

Governor Hochul is also directing that forty individuals sentenced to at least ninety days be sent off of Rikers Island each day to New York State facilities for the next five days. This will continue on a rolling basis for those eligible.

Food Distribution at Brady Court Friday 1 PM Assemblywoman Nathalia Fernandez, Presumed Councilwoman Marjorie Velazquez.