Monday, September 27, 2021

DEC ANNOUNCES BOWHUNTING SEASONS FOR DEER AND BEAR

 

Northern Zone Opens Sept. 27; Southern Zone Opens Oct. 1

Youth Big Game Hunt Opens Columbus Day Weekend

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos announced today that bowhunting seasons for deer and bear will begin in the Northern Zone on Sept. 27, and in the Southern Zone on Oct. 1.

“New York provides terrific opportunities for bowhunters,” Commissioner Seggos said. “Mild weather, longer days, and new hunting hours extending 30 minutes before sunrise until 30 minutes after sunset make the early bow season a great time to be in the woods with friends and family.”

DEC has initiated several changes to big game seasons this year through regulations. Bowhunters may only use crossbows during latter portions of bow seasons: the last 10 days of the Northern Zone bow season (Oct. 13-22); and the last 14 days of the Southern Zone bow season (Nov. 6-19). To hunt with a crossbow during these periods, the law requires bowhunters to possess a muzzleloader privilege and a crossbow qualifications certificate (see the Crossbow Hunting webpage on DEC's website for details).

The application deadline for Deer Management Permits (DMPs) is Oct. 1. Hunters should know which Wildlife Management Unit (WMU) they intend to hunt before applying. To learn more, visit DMP Availability and Probability of Selection webpage for DMP availability and chances of being selected in each WMU.

Youth Big Game Hunt

New York’s annual Youth Big Game Hunt is Columbus Day weekend, Oct. 9-11. New this year, 12- and 13-year-old hunters may join 14- and 15-year-olds participating in upstate counties that have passed a local law for these junior hunters to hunt deer with firearms, which currently includes all counties north of Westchester, with the exception of Erie and Rockland counties. During this special opportunity, licensed 12-15-year-olds may use a firearm to hunt big game while accompanied by an experienced, licensed adult hunter. All eligible junior hunters may take one deer of either sex and 14- and 15-year-olds may also take one bear. During the youth hunt, antlerless deer taken with a firearm may be tagged with a regular season tag, DMP, or a Deer Management Assistance Program tag. Antlered deer may only be tagged with the regular season tag. Though junior hunters may have multiple deer tags, they may only take one deer with a firearm during the Youth Big Game Hunt.

This Youth Big Game Hunt takes place throughout the State, except in Suffolk and Westchester counties and bowhunting-only areas. Additional rules that apply to junior hunters and their adult mentors can be found on pages 36 and 37 of the Hunting & Trapping Guide or through the Junior Hunter Mentoring Program.

Take it, Tag it, Report it!

DEC reminds hunters of the importance of reporting their harvest. Harvest reporting is critical to wildlife management, and hunters are required to report their harvest of deer, bear, and turkey within seven days of taking the animal. The easiest way to report is via DEC’s HuntFishNY mobile app. Through this mobile app, hunters, anglers, and trappers can access an electronic version of their licenses and privileges, and quickly report the harvest of deer, bear, and turkey immediately while afield on their mobile device. Hunters may still use the phone report system, but the online and mobile systems are faster, more convenient, and easier for hunters to accurately enter information.

Venison Donation Program

Big game hunters are reminded that they can help feed the hungry by making a monetary contribution to the Venison Donation Program at any license-issuing outlet. License buyers should inform the sales agent if they are interested in donating $1 or more to support the program.

For more information about DEC’s big game hunting seasons, new regulations, and hunter safety information including new requirements to wear hunter orange or pink, go to: https://www.dec.ny.gov/outdoor/28605.html.

Governor Hochul and Mayor De Blasio Announce $27 Million Available to Provide Hurricane Ida Relief to Undocumented New Yorkers

 Flood damage after Tropical Depression Ida

Community Organizations Selected in Impacted Areas to Help Undocumented Survivors Receive Recovery Assistance
 
Selected Not-For-Profits Will Work Directly with Residents Who Do Not Qualify for FEMA Assistance
 
Program Will Open September 27 - Residents Should Call ONA Hotline at 1-800-566-7636 for Help on Where to Apply

 
 Governor Kathy Hochul and Mayor Bill de Blasio today announced $27 million is available to provide relief to undocumented survivors of the storms and flooding caused by the remnants of Hurricane Ida. This funding will be distributed through grants to an established network of community organizations and provided to New Yorkers who are not eligible to receive storm recovery assistance through the FEMA Individual Assistance Program or other means.  

"When I saw the devastation of Hurricane Ida, I pledged that we would do everything in our power to help impacted communities recover, and this funding is a fulfillment of that promise," Governor Hochul said. "With these resources dedicated to undocumented New Yorkers who are ineligible for FEMA relief and partnerships with organizations on the ground, we can close gaps in aid and help New Yorkers in need. I urge eligible New Yorkers to apply to get the funding they need to rebuild."  

"We will ensure New Yorkers have access to the aid they need to recover from the devastating impacts of Hurricane Ida," Mayor Bill de Blasio said. "Regardless of documentation status, we will get support to the most recent victims of our climate crisis and are here to help every step of the way." 

This program is being managed by the New York State Office for New Americans (ONA) and will target undocumented individuals located in the counties designated in the Presidential Major Disaster Declaration approved for Individual Assistance, which includes Bronx, Kings, Nassau, Queens, Richmond, Suffolk, Westchester and Rockland. A selected groups of not-for-profit organizations will provide information, assistance and help for residents who were impacted by the storm.

Today's announcement bolsters the State and City commitment to support these not-for-profit organizations in a joint effort to distribute assistance. 
 
The following organizations will provide assistance:

  •  Bronx - Catholic Charities Community Services, 402 East 152nd Street, Bronx, NY 10455 
  •  Brooklyn - Chinese American Planning Council, 4101 8th Ave, 4th Floor, Brooklyn, NY 11232 
  • Queens - MinKwon, 133-29 41st Avenue, Suite 202, Flushing, NY 11355
  • Queens - Make the Road, 92-10 Roosevelt Ave, Jackson Heights, NY 11372 
  • Staten Island - Make the Road, 161 Port Richmond Ave, Staten Island, NY 10302
  • Nassau - Economic Opportunity Commission of Nassau County, 134 Jackson Street, Hempstead, NY 11550
  • Suffolk - Make the Road, 1090 Suffolk Ave, Brentwood, NY 11717 
  • Westchester & Rockland - NeighborsLink, 27 Columbus Ave, Mount Kisco, NY 10549  

New York State Secretary of State Rossana Rosado said, "The remnants of Hurricane Ida destroyed the homes and livelihoods of so many in its wake, particularly impacting immigrants throughout the city. Thanks to Governor Hochul's leadership, the New York State Office for New Americans is ready to employ our resources to help connect all undocumented New Yorkers with much needed relief to help them rebuild."
 
Acting Superintendent of Financial Services Adrienne A. Harris said, "Undocumented New Yorkers are a vital part of the fabric that makes our communities strong and have helped keep New York tough through this pandemic. I commend Governor Hochul for ensuring funding and relief is available to help all those impacted by Hurricane Ida. DFS staff joined the initial response effort and have seen firsthand that the funds distributed today will help to deliver critical financial relief that will ensure our affected communities heal as one."

For any immigrant in need of assistance, or to connect with ONA's programs, call the New Americans Hotline at 1-800-566-7636 9:00am to 8:00pm, Monday through Friday. All calls are confidential. Assistance is available in over 200 languages. For more information, visit https://dos.ny.gov/office-new-americans or follow ONA on Twitter at @NYSNewAmericans or Facebook at https://www.facebook.com/NYSNewAmericans

MAYOR DE BLASIO UNVEILS LANDMARK NEW BLUEPRINT TO COMBAT EXTREME WEATHER

 

Over $2.7 billion in new and accelerated funding pledged to support report’s recommendations

 Mayor Bill de Blasio today released “The New Normal: Combatting Storm-Related Extreme Weather in New York City,” a landmark report that provides New York City with a new blueprint to prepare for and respond to extreme weather. The report was delivered to the mayor by the Extreme Weather Response Task Force, a top-level convening of senior leaders across City agencies, along with outside experts on climate change and resiliency, directed to compile a new set of protocols and policies to protect New Yorkers from future storms like Hurricane Ida.
 
A copy of the report can be found here.
 
The mayor announced plans to support the report’s recommendations with $2.1 billion in new funding at the Department of Environmental Protection (DEP); $238 million in accelerated funding for crucial DEP projects; $400 million in new funding for other priority capital projects among key agencies including the Parks Department; Department of Transportation; NYCHA; and the School Construction Authority; and $25 million in expense funding for Fiscal Year 2022.
 
“Extreme weather is more common than ever, and more severe than ever. Business as usual is over. Keeping New Yorkers safe means profoundly changing the way we prepare for – and react to – this new normal,” said Mayor Bill de Blasio. “This new report charts a path forward for investing in vulnerable neighborhoods, shoring up our infrastructure, warning communities ahead of major weather events, and better tracking storms before they arrive. I’m proud to share it with New Yorkers, and I look forward to forging a safer and more resilient city.”
 
The mayor announced the creation of New York City’s first “Rainboots on the Ground” program – the city’s first-ever program to distribute educational information on evacuation procedures to basement apartment residents and vulnerable neighborhoods. Starting in 2022, the City will contract with 60 community-based organizations to canvass these neighborhoods and highlight the threats posed by storm water and extreme weather.
 
The mayor also announced the creation of a new Extreme Weather Coordinator position in City Hall. The position will work closely with New York City Emergency Management (NYCEM) and other agencies to lead and organize extreme weather response. This Emergency Weather Coordinator will be appointed by the Mayor. Starting immediately, Deputy Mayor for Administration Emma Wolfe will be the first to serve in this role.
 
“New Yorkers have seen the effects of extreme weather on their communities, and they know it’s happening more frequently than ever before. With this blueprint, their City will be as tough, prepared, and resilient as they are,” said Deputy Mayor for Administration Emma Wolfe. “Thanks to targeted investments and better storm tracking, New York City will be more prepared than ever to keep the city safe from extreme weather.”
 
“The New Normal” outlines detailed new strategies to:
  1. Educate, train, and acclimate New Yorkers to this new reality
  2. Increase planning for the worst-case scenario in every instance
  3. Accelerate upgrades to storm modeling, tracking, and alert systems
  4. Broaden protection for inland communities, not only our coastlines
  5. Protect basement and cellar occupants
  6. Prioritize investments in low-income neighborhoods, immigrant communities, and communities of color
  7. Re-imagine our sewage and drainage system, and rapidly increase green infrastructure and cloudburst solutions
  8. Call on support from the state and federal government in further depending our reach
 
“Climate adaptation is an essential part of climate action,” said Jainey Bavishi, Director of the Mayor’s Office of Climate Resiliency. “The new actions and investments we are announcing today will accelerate our efforts to prepare for extreme rain, including capturing rainfall with innovative ‘cloudburst’ projects, advancing green infrastructure and wetlands restoration, protecting residents and businesses, and further strengthening our understanding of future climate risks. We know more climate disasters are inevitable—and we’re stepping up to protect New Yorkers from more dangerous and more severe extreme weather.”
 
“Hurricane Ida brought record setting amounts of rain never before seen in our city. I want express our condolences to the families and friends of those who lost their lives during the storm. For so many who experienced damage and losses to their homes and businesses, we know that recovery is not easy, and we at DEP commit our continued support. Much of our infrastructure was designed and constructed decades ago, for what is clearly a different climate reality. As extreme weather events become more frequent due to climate change, we need to continue making improvements to the City’s drainage infrastructure. As we continue to expand and update our infrastructure, we must supplement those efforts by expanding our nation-leading green infrastructure program, refining our maintenance schedules and mandating private properties capture their share of stormwater. DEP stands ready to take all necessary actions to protect our city from the dangers of climate change,” said Department of Environmental Protection Commissioner Vincent Sapienza.
 
“Extreme weather is the new normal, and New York City is determined to meet the challenge head-on. The strategies outlined in the report provide a blueprint for City agencies to immediately implement measures to mitigate the impacts of severe weather, as well as provide training and resources to help keep residents safe throughout the five boroughs,” said NYC Emergency Management Commissioner John Scrivani. “Together we can work to ensure that all New Yorkers are ready for the next storm.”
 
These actions build on the City’s current extreme weather response protocols. In the immediate aftermath of Hurricane Ida, New York City began an unprecedented cleanup and recovery effort. Actions taken included:
  • 486,399 phone calls, and another 200,000 text messages, from City phone bankers to connect New Yorkers in hardest-hit communities to government resources
  • 29,536 doors knocked by City canvassers
  • 842 New Yorkers housed in hotels
  • 257,764 free meals distributed
  • 18,600 tons of debris picked up by the Sanitation department
  • 71,600 trash bags picked up by the City Cleanup Corps
 
"As co-authors of the framework, the Natural Areas Conservancy is thrilled that Mayor de Blasio and his administration have endorsed the Wetlands Management Framework for New York City in their latest efforts to improve the city's resilience to climate change. Understanding and investing in our natural areas should be an important part of our response to the climate crisis, and this is a crucial step in the right direction. By adopting the Wetlands Management Framework, the city is showing its commitment to properly investing in New York City’s hydrological infrastructure — infrastructure that will play an outsized role as our city continues to experience flooding and extreme weather events as a result of climate change,” said Sarah Charlop-Powers, Executive Director, Natural Areas Conservancy.
 
“What the City has said today is that there is no more business as usual. Atmospheric changes are accelerating, meaning all systems that make urban life possible must change too, and without delay. This holistic, multi-agency, multi-disciplinary strategy if funded and implemented, will prepare New York City for the future weather extremes it is certain to face. The most encouraging parts of this plan are commitments to multiple ways of warning people about life threatening flooding, the use of existing places like parks and green space and to hold storm water during bursts of heavy unrelenting rain, assisting individuals with the tools and financing to retrofit building and homes, and the City’s commitments to work beyond its boundaries with New York State and federal programs.  Waterfront Alliance and the Rise to Resilience coalition are prepared to actively pursue legislative and regulatory changes to put these critical reforms in motion. Furthermore we applaud how this plan is clearly based in the reality of the price tag of a full-scale City-wide storm sewer system retrofit.  It provides feasible, creative and innovative ways to meet extreme weather head-on while billions are invested over time,” said Cortney Koenig Worrall, President and CEO, Waterfront Alliance.
 
“This extraordinary report thoroughly reviews the timeline and impact of Hurricane Ida, an unprecedented and unpredictable disaster for New York. But it also lays out a detailed blueprint for how, in the age of dangerous climate change, we must develop prevention and mitigation strategies that will save lives and protect vital infrastructure,” said Dr. Irwin Redlener, Founding Director, National Center for Disaster Preparedness (NCDP).
 
“As we see climate change across the United States, I applaud the administration for addressing this ever-growing issue. Climate change is here and we can already see the effects as it threatens our vulnerable communities and coastlines. From wild fires to freezing rain, snow squalls to blizzards, and flash floods to coastal storms, it is key we tackle climate change aggressively. The extreme weather task force is just one step towards ensuring the safety of New Yorkers, as we move forward to combat climate change,” said Richard Serino, Former Deputy FEMA Administrator.
 

96 Days and Counting

 


Let me see, I have so many items to go over today. I will visit Rikers Island this week, and I am sure those pesky reporters will ask me when I am going, and if they can come along. I will tour Rikers with some of my staff, and then I will hold a press conference afterwards, and answer questions.


At least there were no noticeable incidents that happened over the weekend with the exception of the seizure of an unlicensed street vendor in the Bronx of produce that was put into one of our sanitation trucks. I think it was wrong, and that if the food was confiscated it should have been given to a food bank or some place else like that. We will investigate what happened and get back to you in ninety-seven days. 


Otherwise 82% of our teachers are vaccinated, and We are confident that we will win the lawsuit with the UFT this week so all our school staff will be vaccinated. My top doctors see no problems in city hospitals with our own city hospital system staff well vaccinated, and ready for the required state mandate that all hospital staff be vaccinated today, statewide. 


Since the National Weather Center can't get their predictions right I am creating the position of Extreme Weather Coordinator in City Hall, who will work with NYCEM and other agencies to lead and organize weather responses. Starting today Deputy Mayor for Administration Emma Wolfe will be the first to serve in this role.

Statement from the Bronx Democratic Party and Chair Jamaal T. Bailey on Nomination of Yudelka Tapia as Democratic Nominee for Assemblymember of the 86th District

 

 "We are proud to congratulate District Leader Yudelka Tapia on her nomination by the 86th Bronx Democratic County Committee to serve as the next Assemblymember of the 86th Assembly District. The Bronx continues to make great strides towards leadership that is representative of our great borough. For the first time, The Bronx’s Assembly delegation is primed to be comprised of a majority of female members. Yudelka Tapia is shattering a glass ceiling, as she will be the first woman to represent the 86th Assembly District. A Dominican mother of four who raised her family in the Bronx, she has worked tirelessly to champion working families and serve her community as a union leader, organizer, and Democratic District Leader. With over three decades of experience advocating for investment in our public schools, worker protections, safe and affordable housing, and criminal justice reforms to advance racial justice, Yudelka Tapia has long demonstrated her vision and leadership, and there is no one better-equipped to carry the mantle of leadership forward. We look forward to working with her in this new capacity to fight hard for the resources we need for a fair recovery that lifts all of our communities.”

EDITOR'S NOTE:

It should be noted this is for the special election to replace former Assemblyman Victor Pichardo, that will take place on the day of the November General Election.

Attorney General James’ Statement After New Party Moves to Intervene in NRA Dissolution Case

 

 New York Attorney General Letitia James released the following statement after a director at the National Rifle Association (NRA) filed a motion to intervene in the lawsuit brought against the organization by Attorney General James, as well as the countersuit brought by the NRA against Attorney General James:

“While we continue to review this motion, we are glad to hear that Mr. Marshall agrees that Wayne LaPierre and his top lieutenants must be removed from the NRA. Our fight for transparency and accountability from the NRA and its leadership will continue because no organization is above the law.”

In August 2020, Attorney General James filed a lawsuit against the NRA and four of the organization’s current or former top executives for failing to manage the NRA’s funds; failing to follow numerous state and federal laws, as well as the NRA’s own bylaws and policies; and contributing to the loss of more than $64 million in just three years. The suit was filed against the NRA as a whole, as well as Executive Vice-President Wayne LaPierre, former Treasurer and Chief Financial Officer Wilson “Woody” Phillips, former Chief of Staff and Executive Director of General Operations Joshua Powell, and Corporate Secretary and General Counsel John Frazer.

That same day, the NRA filed a countersuit against Attorney General James. This past June, the NRA dropped that countersuit in an implicit admission that their strategy would never prevail.

This action came after, this past January, in an effort to avoid accountability altogether, the NRA filed for chapter 11 bankruptcy even though the organization still claimed to have healthy financial reserves. Over the course of the bankruptcy trial, LaPierre and other senior leaders admitted that the bankruptcy was simply a way of avoiding New York’s enforcement action, yet still stated that they believed that New York courts and judges could be trusted to fairly and impartially oversee the case. In May, a federal bankruptcy court in Texas rejected the organization’s claims of bankruptcy after the NRA sought to reorganize in Texas, stating, “that the NRA did not file the bankruptcy petition in good faith.”

Then, this past June, the NRA filed new counterclaims, which Attorney General James moved to dismiss.

This motion to intervene comes after two NRA members previously sought to intervene in the initial lawsuit and countersuit earlier this year. Earlier this month, Justice Joel Cohen of the New York State Supreme Court rejected the efforts of these two individuals to intervene in both matters.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 26, 2021

 COVID-19 Vaccine Vials

55,911 Vaccine Doses Administered Over Last 24 Hours

31 COVID-19 Deaths Statewide Yesterday


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

"The vaccine is the most important tool we have to end the COVID-19 pandemic, revitalize our communities and bring New York's economy back, and that's why it's so important that every eligible New Yorker get vaccinated as soon as possible," Governor Hochul said. "New York State is hitting the ground running to get shots in arms, and we continue to launch new initiatives to get the shot to under vaccinated communities and our young people. I urge everyone who hasn't taken the vaccine to do so right away—the faster we defeat this pandemic, the faster we move into the future."
 
Today's data is summarized briefly below:

  • Test Results Reported - 180,612
  • Total Positive - 4,314
  • Percent Positive - 2.39%
  • 7-Day Average Percent Positive - 2.71%
  • Patient Hospitalization - 2,299 (-46)
  • Patients Newly Admitted - 288
  • Patients in ICU - 548 (-19)
  • Patients in ICU with Intubation - 317 (-9)
  • Total Discharges - 199,806 (+295)
  • New deaths reported by healthcare facilities through HERDS - 31
  • Total deaths reported by healthcare facilities through HERDS - 44,407

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 - 56,462

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 - 25,021,659
  • Total vaccine doses administered over past 24 hours - 55,911
  • Total vaccine doses administered over past 7 days - 350,451
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 81.1%
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 73.2%
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 83.5%
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 74.9%
  • Percent of all New Yorkers with at least one vaccine dose - 68.6%
  • Percent of all New Yorkers with completed vaccine series - 61.7%
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 70.7%
  • Percent of all New Yorkers with completed vaccine series (CDC) - 63.2%

Sunday, September 26, 2021

Manhattan U.S. Attorney Announces Criminal And Civil Charges Against CEO Of Apparel Company For Engaging In Customs Fraud

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent in Charge of the New York Office of the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”), and Marty Raybon, Acting Director, Field Operations, New York, U.S. Customs and Border Protection (“CBP”), announced the filing of criminal and civil charges against GEORGE ILOULIAN, a/k/a “George Illulian,” the CEO of an apparel company located in New York, New York.  ILOULIAN was charged, in an indictment unsealed yesterday, with participating in a years-long scheme to defraud CBP by submitting invoices to CBP that falsely understated the true value of the goods his company imported into the United States, thereby evading the obligation to pay hundreds of thousands of dollars in customs duties. 

ILOULIAN was arrested yesterday and presented before U.S. Magistrate Judge James L. Cott in Manhattan federal court.  The criminal case has been assigned to U.S. District Judge Paul G. Gardephe.  In addition, a civil fraud lawsuit against ILOULIAN and his company, DELTA UNIFORMS, INC. (“DELTA”), which is also assigned to Judge Gardephe, was unsealed in Manhattan federal court earlier today.  The civil complaint asserts that ILOULIAN and DELTA violated the False Claims Act by misrepresenting the true value and nature of the goods they imported into the United States on entry documents submitted to CBP.  The conduct in this matter was first brought to the attention of federal law enforcement by a whistleblower who filed a lawsuit under the False Claims Act.

Manhattan U.S. Attorney Audrey Strauss said: “As alleged, George Iloulian cheated the United States out of hundreds of thousands of dollars by causing false documents that misrepresented the value of imported goods to be submitted to CBP to avoid paying lawfully owed customs duties.  Iloulian now faces criminal charges for his alleged fraud, and the government’s civil suit seeks treble damages and penalties against Iloulian and his company.”

HSI Special Agent in Charge Peter C. Fitzhugh said: “Iloulian allegedly evaded the obligation to pay hundreds of thousands of dollars in customs duties using a double-invoicing scheme, essentially creating two invoices, one for payment and one for customs.  HSI New York and U.S. Customs and Border Protection will continue to partner in protecting U.S. trade from perpetrators who intentionally defraud the U.S. government for a profit.”

CBP Acting Director of New York Field Operations Marty Raybon said: “U.S. Customs and Border Protection is proud to have played an important role to this ongoing investigation that resulted in the takedown of an elaborate conspiracy to defraud the United States of hundreds of thousands of dollars in revenue.  This case serves as a great example of collaborative law enforcement efforts to uncover and dismantle nefarious enterprises that seek to defraud the United States government for personal gain while causing economic harm to their competitors.” 

According to the allegations in the Government’s indictment and civil complaint[1]:

From at least in or about 2010 through at least in or about 2020, ILOULIAN, and others known and unknown, including individuals associated with overseas manufacturers, conspired to submit fraudulent invoices to CBP that understated the value of apparel imported into the United States, thereby depriving the United States of hundreds of thousands of dollars in customs duty revenue.  ILOULIAN and his co-conspirators achieved lower customs duties on imported goods in two ways: (i) a “double-invoicing scheme,” and (ii) a “fabric-type scheme.”

To effect the double-invoicing scheme, which was perpetrated by ILOULIAN and his co-conspirators from at least in or about 2010 through at least in or about 2020, ILOULIAN utilized two invoices: One invoice, at times referred to by ILOULIAN and his co-conspirators as the “Actual Invoice” or the “For Payment” invoice, contained higher prices and reflected what DELTA actually paid overseas manufacturers for apparel.  The second invoice, which they at times referred to as the “Customs Invoice” or “For Customs Declaration” invoice, contained false lower prices.  The information in the Customs Invoice was submitted by DELTA, through a customs broker (the “Customs Broker”), to CBP.  CBP relied on the information from the Customs Invoice in assessing and collecting customs duties from DELTA.  Accordingly, by presenting the false Customs Invoices to CBP, DELTA was able to pay fraudulently lower customs duties than DELTA actually owed.  In one version of the double-invoicing scheme, DELTA directed an overseas manufacturer to send to DELTA two sets of invoices for the same shipment of merchandise, the Actual Invoice and the Customs Invoice.  In a second version of the double-invoicing scheme, the overseas manufacturer provided DELTA with only the Actual Invoice; a Customs Invoice was created by other means and provided by DELTA to the Customs Broker.

From at least in or about 2011 through at least in or about 2016, ILOULIAN and his co-conspirators also engaged in a fabric-type scheme.  To effect the fabric-type scheme, DELTA directed an overseas manufacturer to misstate the composition of the fabric in the apparel in order to obtain a lower duty rate.  Specifically, the invoice would indicate that the imported goods were predominantly made of cotton rather than from man-made fibers, even though the reverse was true.  The falsified invoices were then presented to CBP, which allowed DELTA to pay lower customs duties than DELTA actually owed, because materials containing more cotton than man-made materials are subject to lower duty rates.

These multi-year fraud schemes resulted in the loss of hundreds of thousands of dollars in duty revenue to the United States.

ILOULIAN is charged with one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison, one count of wire fraud, which carries a maximum sentence of 20 years in prison, and one count of falsely effecting the entry of goods into the United States, which carries a maximum sentence of two years.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  ILOULIAN and DELTA are also charged with civil claims under the False Claims Act, through which the Government may recover treble damages and civil penalties arising from his conduct.

Ms. Strauss thanked HSI, CBP, and the Special Agents of the United States Attorney’s Office for the Southern District of New York for their efforts and ongoing support and assistance with the case.

The charges contained in the indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the texts of the indictment and the civil complaint, and the descriptions of the indictment and civil complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.