Wednesday, November 10, 2021

ASSEMBLYMAN DINOWITZ TO INTRODUCE EXTENSION TO ABSENTEE BALLOT ELIGIBILITY EXPANSION

 

Assemblyman Jeffrey Dinowitz is proposing to extend legislation he authored to allow people to apply for an absentee ballot based on temporary illness due to risk of contracting or spreading communicable disease.

 As New York approaches the expiration of a provision which currently allows eligible voters to apply for absentee ballots based on temporary illness if there is a risk of contracting or spreading a communicable disease, Assemblyman Jeffrey Dinowitz is introducing a new bill to extend this option to New Yorkers through February 1, 2024. The current provision, which was also authored by Assemblyman Dinowitz, will expire on January 1, 2022. 

The proposal to extend expanded absentee ballot eligibility is motivated by a stubborn COVID-19 pandemic that has still not been resolved after twenty months, as positive test results have hovered at several thousand new cases per day in New York State for the past three months. Hospitalization rates from COVID-19 have also hovered at levels approximately two or three times higher than when the first absentee ballot eligibility expansion was passed on July 22-23, 2021.

 

The original expansion of absentee ballot eligibility (Chapter 139 of 2020) was designed to expire at the same time as a constitutional amendment to permanently authorize no-excuse absentee voting would have taken effect. However, that ballot proposal appears to have been defeated in a statewide referendum, leaving voters who would prefer to cast their ballots from the safety of their own homes to weigh the importance of their health and their vote unless additional action is taken by the Legislature. The new bill from Assemblyman Dinowitz would grant voters an additional two years of absentee ballot expanded eligibility, during which time the Legislature and voters determine whether they want to try again on a constitutional amendment related to absentee voting.

 

Assemblyman Jeffrey Dinowitz said: “The pandemic is still hospitalizing and killing New Yorkers on a daily basis. Although we are taking dramatic strides in our vaccination efforts, the reality is that a stubborn minority of our fellow New Yorkers are refusing to get vaccinated and perpetuating the risk of contracting COVID-19 regardless of vaccination status. My new legislation is a critical measure so that no New Yorker is forced to put their own health at risk simply to cast a ballot, and I urge my colleagues to support this important measure when we return to Albany in January.”


EDITOR'S NOTE:

It appears that Assemblyman Dinowitz is attempting to bypass the will of the people who voted against Absentee Ballots on demand this past election day.


Management Consulting Firm Partner Charged In Insider Trading Scheme

 

Defendant Was a Lead Consulting Firm Partner Advising an Investment Bank on Its Acquisition of GreenSky, Inc.

 Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a criminal complaint charging PUNEET DIKSHIT, a partner in a global management consulting firm (the “Consulting Firm”), with securities fraud in connection with a scheme to commit insider trading based on material, nonpublic information regarding the upcoming public announcement that an investment bank (the “Investment Bank”) – which DIKSHIT and the Consulting Firm were advising – would be acquiring GreenSky, Inc. (“GreenSky”).  The defendant was arrested earlier today and will be presented this afternoon before U.S. Magistrate Judge Kevin N. Fox.

U.S. Attorney Damian Williams said: “As alleged, Puneet Dikshit, a consulting firm partner, exploited his access to material nonpublic information about a pending acquisition of GreenSky, Inc., to trade in GreenSky call options.  This breach of duties to his firm and its investment bank client – and violation of the law – allegedly reaped the defendant nearly half a million dollars in illegal profits.  Now Puneet Dikshit has been charged with serious felonies for his alleged conduct.”

FBI Assistant Director Michael J. Driscoll said: “As alleged, Mr. Dikshit exploited his access to material nonpublic information regarding the acquisition of Green Sky to profit from trades he made in options markets.  Actions like those we allege serve to undermine the public’s confidence in the integrity of financial markets, and, as we have demonstrated time and again, the FBI and our partners are committed to ensuring a level playing field for all investors.  Mr. Dikshit now faces significant federal charges, which should serve as a warning to others considering similar conduct.”

According to the allegations in the Complaint unsealed today in Manhattan federal court:[1]

GreenSky was a publicly traded financial technology company that provided technology to banks and merchants to make loans to consumers for home improvement, solar, healthcare, and other purposes.  GreenSky’s common stock traded under the symbol “GSKY” on the NASDAQ.

Between on or about November 2019 and on or about July 2020, and again between on or about April 2021 and on or about September 2021, the Investment Bank engaged the Consulting Firm to provide various consulting services related to its consideration of an acquisition of GreenSky and the post-acquisition integration of GreenSky.  DIKSHIT was one of the Consulting Firm partners leading these engagements.  In that role, he had access to material, nonpublic information, which he misappropriated and, in violation of the duties that he owed to the Investment Bank and the Consulting Firm, used to trade GreenSky call options. 

DIKSHIT engaged in this trading between on or about July 26, 2021, and on or about September 15, 2021 – at the same time he was leading the Consulting Firm team that was advising the Investment Bank about its potential acquisition of GreenSky.  At various times between on or about July 26, 2021, and on or about September 13, 2021, DIKSHIT purchased and sold relatively small numbers of GreenSky call options, which had expiration dates weeks or months from the time of purchase.  However, in the two days before the September 15, 2021, public announcement that the Investment Bank would be acquiring GreenSky, DIKSHIT sold all of these longer-dated GreenSky call options and purchased approximately 2,500 out-of-the-money GreenSky call options that were due to expire just a few days later, on September 17, 2021.  After the deal was announced, DIKSHIT sold these calls and realized profits of approximately $450,000.

DIKSHIT, 40, of New York, New York, is charged with two counts of securities fraud, each of which has a maximum sentence of 20 years in prison.  The statutory maximum sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Williams praised the outstanding work of the FBI.  Mr. Williams further thanked the U.S. Securities and Exchange Commission, which today filed a parallel civil action, for its assistance and cooperation in this investigation. 

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

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

https://100percentbronx.blogspot.com/2021/11/53-days-and-counting-what-are-you-going.html

 Stethoscope

Funding Through the American Rescue Plan Will Support the Essential Plan  

 Governor Kathy Hochul today announced that the Biden-Harris Administration's Centers for Medicare & Medicaid Services (CMS) will be making $750 million in additional American Rescue Plan funding available for New York's Essential Plan.

"If we are going to put an end to this pandemic, we need to make sure all New Yorkers have access to affordable, reliable health care coverage," Governor Hochul said. "I want to thank Department of Health and Human Services Secretary Xavier Becerra and CMS Administrator Chiquita Brooks-LaSure for this funding and our ongoing partnership. The additional $750 million in federal funding to support our Essential Plan will help us further boost coverage in New York and bring us closer to our goal of achieving health equity."

New York's Essential Plan is a state administered health insurance program that covers individuals and families who make too much to qualify for Medicaid, but for whom private insurance premiums are too costly. Since the Essential Plan began in 2015 enrollment has increased three-fold -- it currently has 925,000 enrollees and, in addition to Child Health Plus, allows more New Yorkers the kind of affordable preventive care that keeps them and their families healthy. Collectively, New Yorkers are saving $1 billion in health care costs in 2021 by being enrolled in Essential Plan compared with the cost of Qualified Health Plan coverage. 

New York is one of only two states, the other being Minnesota, to take advantage of a provision of the Affordable Care Act that gave states the ability to create Basic Health Programs. These plans were designed to offer affordable health care coverage to individuals and families with low to moderate income who did not qualify for other programs, thus reducing the number of uninsured and underinsured. The Essential Plan has been instrumental in cutting New York's uninsured rate from 10 percent to 5 percent since 2013. 

53 Days and Counting 'What Are You Going to Do'?

 


You know Ruben you really should have put Robert Press on Community Board 11, with all his experience on Homelessness, Land Use Matters, Education, Police, NYCHA, and come to think of it he beat me up on almost every topic. Are you going with a developer like your predecessor, this way you don't have to tangle with him on the Land Use matters there? 


What has Mayor Elect Eric Adams offered you so far? Councilman Ydanis Rodriguez is going to make out, and I wonder if he will have a higher position than you, and more influence than you also. After all Ydanis comes from Manhattan, and you Ruben, well you come from the Bronx, and you let me do just about whatever I wanted to do in the Bronx. It was that Pesky reporter Robert Press who kept asking me questions I didn't want to answer, so when we went virtual, I had a list of reporters not to call on and he was at the top of the list.

Permits Filed For 2187 Ryer Avenue In Fordham Heights, The Bronx

 

Permits have been filed for an eight-story residential building at 2187 Ryer Avenue in Fordham Heights, The Bronx. Located between East 181st Street and East 182nd Street, the lot is one block from the 182nd-183rd Streets subway station, serviced by the B train. Mendy Tessler is listed as the owner behind the applications.

The proposed 75-foot-tall development will yield 26,826 square feet designated for residential space. The building will have 51 residences, most likely rentals based on the average unit scope of 526 square feet. The masonry-based structure will also have a cellar and a 37-foot-long rear yard, but no accessory parking.

Nikolai Katz Architect is listed as the architect of record.

Demolition permits will likely not be needed as the lot is vacant. An estimated completion date has not been announced.

Transcripts and Exhibits From Independent Investigation Into Sexual Harassment Allegations Against Former Governor Cuomo Begin to Be Released

 

Transcripts of Former Governor and Complainants Released Today

Additional Transcripts and Exhibits to Be Released on Rolling Basis

 The Office of the Attorney General (OAG) today began the rolling release of transcripts and corresponding exhibits from its investigation into sexual harassment allegations against former New York Governor Andrew Cuomo. On August 3, 2021, after nearly five months of investigating, the independent investigators appointed by New York Attorney General Letitia James — led by Joon H. Kim and Anne L. Clark — released their report concerning the multiple allegations of sexual harassment by Cuomo. Following the release of the report, multiple district attorneys asked that the OAG refrain from publicly releasing transcripts and other evidence so that their offices could first investigate and determine whether to file criminal charges against Cuomo.

However, following the filing of a criminal complaint against Cuomo on October 28, 2021 in Albany County, the Albany County District Attorney’s Office informed the OAG that it would begin releasing evidence to Cuomo to comply with New York state’s discovery laws. These laws state that once someone is charged with a crime they must be furnished transcripts and other evidence in their case. As these materials are now being released by the Albany County District Attorney’s office — and in an effort to provide full transparency to the people of New York  — the OAG has informed local district attorneys that it will immediately begin releasing, on a rolling basis, all transcripts and corresponding exhibits compiled during the investigation, pending redactions to protect the privacy of individuals, as appropriate.

The investigation was conducted after, on March 1, 2021, the Executive Chamber made a referral, pursuant to New York Executive Law Section 63(8), for Attorney General James to select independent lawyers to investigate “allegations of and circumstances surrounding sexual harassment claims made against the governor.” Kim and Clark were chosen to lead the investigation on March 8, 2021.

The transcripts and exhibits being released today include:

Subject of Investigation

Former Governor Andrew Cuomo:
Transcript
Exhibits Part 1
Exhibits Part 2
Exhibits Part 3
Complainants
Charlotte Bennett
Transcript
Exhibits
Lindsay Boylan
Transcript
Exhibits
Brittany Commisso
Transcript
Exhibits
Kaitlin
Transcript
Exhibits
Virginia Limmiatis
Transcript
Exhibits
Ana Liss
Transcript
Exhibits
Alyssa McGrath
Transcript
Exhibits
State Entity Employee #1
Transcript
Exhibits
State Entity Employee #2
Transcript
Exhibits
Trooper # 1
Transcript
Exhibits

  • Additional transcripts and exhibits will be released as they are available.

Top Lev Tahor Leaders Convicted At Trial Of Child Sexual Exploitation And Kidnapping

 

Nachman Helbrans and Mayer Rosner Convicted of Scheme to Kidnap 14-Year-Old Girl and Return Her to Sexual Relationship with Adult “Husband”

 Damian Williams, the United States Attorney for the Southern District of New York, announced that NACHMAN HELBRANS and MAYER ROSNER were convicted in White Plains federal court of child sexual exploitation offenses and kidnapping following a four-week jury trial.  The defendants, leaders of an extremist Jewish sect called Lev Tahor, masterminded a scheme to kidnap a 14-year-old girl (“Minor-1”) and a 12-year-old boy (“Minor-2”) from their mother in Woodridge, New York.  The defendants then smuggled the children across the U.S. border to Mexico, where they reunited Minor-1 with her adult “husband” to allow him to continue his illegal sexual relationship with Minor-1. 

U.S. Attorney Damian Williams said: “Nachman Helbrans and Mayer Rosner brazenly kidnapped two children from their mother in the middle of the night to return a 14-year-old girl to an illegal sexual relationship with an adult man.  Today’s verdict makes clear that our Office – and our law enforcement partners – will not be deterred from achieving justice for victims of child sexual exploitation.”     

According to the allegations contained in the Superseding Indictment, other court filings, and the evidence presented at trial:

NACHMAN HELBRANS and MAYER ROSNER are U.S. citizens and senior leaders of Lev Tahor, an extremist Jewish sect that has been located in several different jurisdictions, including New York, Israel, Canada, Mexico, and Guatemala.  HELBRANS became the leader of Lev Tahor in or about 2017 and ROSNER served as a top lieutenant.  After HELBRANS and his leadership team took over, they seized tight control over the group and embraced several extreme practices, including child marriages and underage sex.

In or about 2017, HELBRANS arranged for his then-12-year-old niece, Minor-1, to be “married” to a then-18-year-old man.  They were religiously “married” the following year, when Minor-1 was 13 and her “husband” was 19, and immediately began a sexual relationship with the goal of procreation.  They were never legally married.  Lev Tahor leadership, including HELBRANS and ROSNER, required young brides to have sex with their husbands, to tell people outside Lev Tahor that they were not married, to pretend to be older, and to deliver babies inside their homes instead of at a hospital, to conceal the mothers’ young ages from the public.

In or about October 2018, the mother of Minor-1 determined that it was no longer safe for her children to remain in the Lev Tahor community in Guatemala.  The mother escaped from the group’s compound and arrived in the United States in early November 2018.  Also in November 2018, a Brooklyn family court granted her sole custody of the children and prohibited the children’s father, a leader within Lev Tahor, from communicating with the children.

After the mother fled and settled in New York with her children, the defendants devised a plan to return Minor-1, then 14 years old, to Guatemala and to her then-20-year-old “husband” so that they could resume their sexual relationship and procreate.  Then, in December 2018, they kidnapped Minor-1 and her brother in the middle of the night from a home in upstate New York and transported them through various states and, eventually, to Mexico.  The defendants used disguises, aliases, drop phones, fake travel documents, an encrypted application, and a secret pact to execute on their kidnapping plan.  At the time of the kidnapping, Lev Tahor leadership was seeking asylum for the entire Lev Tahor community in the Islamic Republic of Iran. 

Following a three-week search involving hundreds of local, federal, and international law enforcement entities, Minor-1 and Minor-2 were recovered in Mexico and returned to New York.  Then, in or about March 2019 and March 2021, members of Lev Tahor again tried to kidnap the children.

NACHMAN HELBRANS, 39, of Guatemala, and MAYER ROSNER, 45, of Guatemala, were convicted of (1) conspiring to transport a minor with intent to engage in criminal sexual activity, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; (2) conspiring to travel with intent to engage in illicit sexual conduct, which carries a maximum sentence of 30 years in prison; (3) two counts of international parental kidnapping, which carries a maximum sentence of three years in prison for each count; and (4) one count of conspiring to commit international parental kidnapping, to unlawfully use a means of identification, and to enter by false pretenses the secure area of an airport, which carries a maximum sentence of five years in prison.  HELBRANS was also convicted of an additional count of international parental kidnapping in connection with an attempt to kidnap Minor-1 in March 2019. 

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Williams praised the outstanding work of the Federal Bureau of Investigation, the New York State Police, the Sullivan County District Attorney’s Office, United States Customs and Border Protection, the Rockland County Sheriff’s Department, the Village of Spring Valley Police Department, Special Agents with the U.S. Attorney’s Office for the Southern District of New York, the Department of State, the Transportation Security Administration, and our law enforcement partners in Mexico, Guatemala, Canada, and Israel.

Governor Hochul Announces Energy Efficient Upgrades for Affordable Housing Units

 

$5 Million Offered in Second Round of $30 Million RetrofitNY program 

Program Expected to Create Jobs, Build Tech-Savvy Workforce and Advance Cost-Effective Replicable Solutions 


 Governor Kathy Hochul today announced the availability of $5 million for a second round of pilot projects under the $30 million RetrofitNY program. This program will help to advance whole-building deep energy efficiency upgrades that will substantially lower emissions from multifamily affordable housing. Projects funded through this initiative will support modernizing building renovation by demonstrating technology-based construction solutions that are expected to help create jobs, foster a tech savvy workforce in New York State and advance cost-effective replicable solutions, as part of the state's growing green economy. Today's announcement supports the State's nation-leading goal to reduce greenhouse gas emissions 85 percent by 2050, as outlined in the Climate Leadership and Community Protection Act (Climate Act).

"Buildings contribute approximately one third of harmful emissions across the state," said Governor Hochul. "This holistic approach to transforming the building renovation industry will ensure New York State's building stock is cleaner, greener and healthier for all residents. Through the support of innovative digital technologies and construction and manufacturing processes, New York is further cementing itself as a leader in the utilization of clean energy."

Administered by the New York State Energy Research and Development Authority (NYSERDA), the RetrofitNY funding announced today seeks to support owners of eligible affordable housing buildings up to seven stories. The program helps building owners planning substantial renovations in their roofs, windows, and/or heating system replacements within the next two years. Owners of qualifying buildings may also be eligible for up to $100,000 in design incentives. Eligibility will be determined through submission of a building renovation scope of work. Owners may also be eligible for up to an additional $40,000 per dwelling unit, with a cap of $1.6 million per building, subject to funding availability, to cover incremental costs for all electric, whole-building upgrades that put buildings on a path to carbon neutrality. This incremental funding is meant to bridge the gap between financing from other sources such as regulated housing agencies, bank loans and tax credits used for business-as-usual renovations. It allows building owners to seek renovations that achieve high performance and low carbon solutions with the goal of reaching fully carbon neutral renovation solutions in the future. 

Doreen M. Harris, President and CEO, NYSERDA said, "To achieve our climate goals, more than 200,000 buildings a year need to be retrofitted across the state from now through mid-century and to do achieve this we need to identify innovative solutions that work for building owners and occupants. We are incentivizing building owners to go beyond making the usual renovations to undertake carbon neutral solutions that can create replicable processes for renovating whole buildings that both reduce building emissions and increase occupant comfort."

Whole-building retrofits incentivized under this program upgrade the building exterior through the use of off-site manufactured, panelized façade systems and other building efficiency upgrades to lower building energy use, as well as upgrading the mechanical systems to efficient all electric heat pump-based systems for heating, cooling and domestic hot water, including energy recovery ventilation, and integration of solar PV systems. 

Benefits of whole-building retrofits through RetrofitNY include:

  • Minimized occupant relocation during renovations due to use of building components manufactured off-site to shorten on-site construction times;
  • Lower utility costs and other building operating expenses;
  • Improved building resiliency during power outages;
  • Enhanced indoor air quality through electrification and improved ventilation;
  • Decreased outside noise penetration;
  • Enhanced aesthetic appearance of buildings; and
  • Compliance with building related local laws.