Police Impersonators And Bronx Drug Dealer Charged With Narcotics And Firearm Offenses

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Keechant Sewell, Commissioner of the New York City Police Department (“NYPD”), announced today that RASHIEM COUNCIL, PARIS FULTON, and TERRENCE MCKEE, were charged by Complaint for their participation in a drug trafficking conspiracy and their use of firearms in connection with that conspiracy.  A fourth defendant, MICHAEL GARCIA, was charged in the same Complaint with possessing with the intent to distribute cocaine.  The defendants were arrested yesterday, GARCIA was presented today in Manhattan federal court before United States Magistrate Judge Barbara Moses. COUNCIL will be presented later today, and FULTON and MCKEE will be presented tomorrow before Judge Moses.

U.S. Attorney Damian Williams said:  “As alleged, three of the defendants posed as law enforcement officers and brandished a firearm during a home invasion in which they took approximately three kilograms of cocaine and proceeds from narcotics dealing.  Such brazen and dangerous conduct will not be tolerated.  Thanks to the work of the NYPD and federal law enforcement, these defendants face significant federal charges for their alleged crimes.”

NYPD Commissioner Keechant Sewell said: “Today’s criminal complaint once again highlights the NYPD’s swift work to neutralize the most violent elements of an alleged narcotics enterprise. Our covenant with New Yorkers is to always answer their calls for help and to work with our partners to ensure justice and I commend the United States Attorney’s Office in the Southern District of New York for their work with our officers in this important case.”

As alleged in the Complaint unsealed today in Manhattan federal court[1]:

On or about January 11, 2022, RASHIEM COUNCIL, PARIS FULTON, and TERRENCE MCKEE, dressed as and pretending to be law enforcement officers, forced their way into an apartment (the “Apartment”) in a building (the “Building”) in the Bronx, where MICHAEL GARCIA, his partner, and their two minor children lived.  COUNCIL, FULTON, and MCKEE were armed.  They handcuffed GARCIA and held him at gun point, while GARCIA’s partner and their two minor children were in the Apartment.  COUNCIL, FULTON, and MCKEE, demanded to know where GARCIA kept his drugs and drug money in the Apartment, and GARCIA showed them.  COUNCIL, FULTON, and MCKEE stole approximately one hundred and sixty thousand dollars in narcotics proceeds and approximately three kilograms of cocaine from GARCIA.

After stealing the drugs and the money, COUNCIL, FULTON, and MCKEE escorted GARCIA, in handcuffs, out of the Apartment and into the building’s elevator.  By then, in response to another individual’s (“Witness-1”) 911 call about the home invasion, officers (the “Officers”) from the New York City Police Department had arrived at the Building, and had just entered the lobby when the elevator door opened.  COUNCIL, FULTON, MCKEE, and GARCIA, walked out of the elevator.  They tried to avoid the Officers and continued walking towards the front door.  The Officers asked COUNCIL, FULTON, and MCKEE what law enforcement unit they were with, and COUNCIL, FULTON, and MCKEE claimed that their sergeant was waiting for them outside.  As soon as they exited the Building, however, they—and GARCIA—began to run.  The Officers pursued them.  After a short pursuit, the Officers caught up to and apprehended COUNCIL, MCKEE, and GARCIA.  During that pursuit, one Officer saw one of the defendants throw a firearm into the street.  Immediately after the Officers apprehended COUNCIL and MCKEE, the Officers found two more firearms near the Building.  Shortly thereafter, the Officers found and arrested FULTON near his car, which he had parked outside the Building.  With FULTON’s consent, the Officers conducted a brief search of the car, where they found a fourth firearm inside a backpack in the car.   

RASHIEM COUNCIL, 31, PARIS FULTON, 29, and TERRENCE MCKEE, 33, all from Connecticut, are charged with one count of narcotics conspiracy, in violation of Title 21, United States Code, Section 846, and one count of brandishing firearms in connection with that narcotics conspiracy, in violation of Title 18, United States Code, Section 924(c).  The narcotics conspiracy charge carries a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison.  The firearms charge carries a maximum sentence of life and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other sentence imposed. 

MICHAEL GARCIA, 36, of the Bronx, New York, is charged with one count of possession with the intent to distribute 500 grams and more of cocaine, in violation of Title 21,  United States Code, Section 841(a)(1) and (b)(1)(B), which carries a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison.

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 would be determined by the judge.

Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York, the NYPD’s Bronx Violent Crimes Squad, and the Internal Affairs Bureau, Police Impersonation Unit.  Mr. Williams also praised the patrol officers from the 48th precinct for their outstanding policework in executing the arrests. 

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

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

NEW YORK REPUBLICAN CHAIRMAN NICK LANGWORTHY AND NYC REPUBLICAN ELECTED OFFICIALS FILE LAWSUIT TO BLOCK NON-CITIZEN VOTING

 

Langworthy to Democrats: Get Ready to Try to Defend this Unconstitutional & Un-American Law in Court 

 Following through on his warning to Democrats that he would take legal action to protect the sanctity of citizen voting, New York Republican Chairman Nick Langworthy and a group of Republican elected officials from New York City today filed a lawsuit to block the city’s new law granting non-citizens voting rights. The suit was filed in Richmond County and a copy can be viewed here. 

In December, the Democrat-dominated City Council passed legislation that would permit more than 800,000 non-citizens the right to vote in municipal elections. Mayor Eric Adams allowed the measure to become law by not issuing a veto prior to last night’s midnight deadline. Even radical leftist former mayor Bill de Blasio admitted its illegality. 

“We vowed to use every legal tool in our arsenal to block this unconstitutional and un-American law, and that’s exactly what we’re doing,” declared New York Republican Chairman Nick Langworthy. “The law is clear and the ethics are even clearer: we shouldn’t be allowing citizens of other nations to vote in our elections, full stop. We are only two weeks into the Adams Administration and he is already kowtowing to the radical City Council. This lawsuit is the only thing that will stop them from their ultimate goal of eradicating all the lines between citizens and non-citizens.” 

"Anyone reading NY state election law in plain English can see that it prohibits foreign citizen voting. The public should look for themselves at section 5-102 to fully grasp how their city government willfully violates the law without regard,” said New York City Council Minority Leader Joe Borrelli. 

“The right to vote is one of our most sacred privileges and obligations,” said Staten Island Borough President Vito Fossella. “Last night, legislation became law that makes a total mockery of the concept of American citizenship. Allowing 800,000 non-citizens, including those who have been here for less than thirty days, to vote in local elections is a slap in the face of every single American citizen, whether born or naturalized. This unconstitutional act cheapens what it means to be a citizen and is an insult to every immigrant who has followed the law, taken citizenship classes and swore an oath to our nation. That is why, as promised today we are filing suit to challenge this law.”

Said Senator Andrew J. Lanza, "This bill clearly violates the Constitution, diminishes citizenship and is no doubt intended to steal elections from lawful citizen voters.” 

 

Congresswoman Malliotakis concluded, "There is nothing more important than preserving the integrity of our election system," said Congresswoman Malliotakis. "The government should be working to create more trust in our elections, not less. The right to vote is a sacred right given only to United States citizens. This careless legislation violates the State Constitution, dilutes the voices of American citizens and is not in line with the views of the vast majority of our city. We look forward to our day in court." 

Other plaintiffs include Assemblymembers Michael Reilly and Michael Tannousis and Councilmembers David Carr, Inna Vernikov, Joann Ariola and Vickie Paladino."

Senator Alessandra Biaggi - NYS Emergency Rental Assistance Program has REOPENED

 

Dear Community, 

New York State’s eviction moratorium is set to expire on January 15th, 2022. Unless state leadership takes action, many New Yorkers will be at risk of eviction after this weekend. I am absolutely devastated at the thought of this, and I promise to continue fighting in the Legislature to ensure that all New Yorkers have access to safe and affordable housing without the risk of being displaced. In the midst of this, I want to offer resources to those fearing the expiration of the moratorium. 

Due to a court order, the Emergency Rental Assistance Program (ERAP) reopened last night, January 11th, at 10 PM. ERAP was created to provide significant economic relief to help low and moderate-income households at risk of experiencing homelessness or housing instability by providing rental arrears, temporary rental assistance and utility arrears assistance. While we are fighting for additional rental assistance from the State and Federal Government in the coming weeks, applying for ERAP will provide applicants with protection against eviction until a final decision on their application is made.  

With the uncertainty of the future of the eviction moratorium, I strongly encourage anyone eligible for ERAP to apply to remain protected from eviction. At this moment, the best way to protect yourself from eviction is to apply for ERAP. Apply here. 

I also want to make sure that everyone is aware of their rights as a tenant. The following are important rights every tenant should be aware of: 

• Your landlord cannot directly evict you – Even if you owe rent and your landlord tells you to move, they cannot legally evict you without taking you to court first. Only a judge can legally evict you and a Marshall with a court order can move your belongings. 
• Your landlord cannot change your locks without your permission – Unless your landlord has a warrant for eviction, changing the locks on your apartment without giving you a key is illegal.
• Harassment by landlords is illegal - Any form of harassment by landlords, especially if the goal is to get you to move out, is illegal. This includes and is not limited to physical violence, sexual harassment, property damage, turning off the heat or hot water, and threats of eviction.

CASA Bronx, a tenants rights organization in the Bronx, has also created useful tenants’ rights fliers with more information that are available here in both English and Spanish. The NYC Housing Preservation and Development website also provides resources for tenants. I strongly encourage you to take a look, as knowing your rights can also serve to protect you against eviction. 

My office and I are here to assist you with any questions or concerns you may have. Please email my office at biaggi@nysenate.gov or call us 718-822-2049, and a member of my team will assist you. 

With Gratitude, 

State Senator Alessandra Biaggi

State Senator Gustavo Rivera on His Vote to Confirm the Nomination of Judge Shirley Troutman to the Court of Appeals

 

 "After much consideration, I voted today to confirm Governor Hochul's nomination of Shirley Troutman to the New York State Court of Appeals. Justice Troutman, who will become the second Black woman to serve on our State's highest court, has not only proven to have impeccable judicial credentials, but has also embraced communities with class, dignity and professionalism.

While Judge Troutman's appointment is welcomed, this was a missed opportunity in our efforts to diversify our Judiciary. With her appointment, the majority of the seven judges sitting on the Court of Appeals are career prosecutors or corporate lawyers. Given that this court is the last judicial resort for many New Yorkers facing legal matters, it is critical that this bench becomes professionally more diverse so that it truly represents the needs of all New Yorkers, particularly the most vulnerable among us. We must strive to nominate attorneys with different legal perspectives, especially those who have made a career working on indigent defense, housing, immigration or civil rights. That way, we will ensure that we establish a balanced judicial system that will deliver justice fairly."

Governor Hochul Announces Plan to Address Truck and Bus Driver Shortage

 

Proposal Will Enable Third Parties to Conduct Commercial Driver License Road Tests

Public Hearing on January 26 to Allow Public Input on the Proposal

Builds on State's Efforts to Eliminate Barriers and Create Pathways for New CDL Holders

 Governor Kathy Hochul today announced a plan to help address a critical shortage of truck and bus drivers by significantly expanding the availability of road tests for Commercial Driver License (CDL) applicants. The initiative would allow qualified third parties to offer the road tests, which would create more testing locations statewide and expand capacity at the existing state-run sites, reducing the time it takes to get qualified CDL drivers on the road.

The New York State Department of Motor Vehicles will hold a public hearing on Wednesday, January 26, to hear and review comments on the plan. The hearing will take place virtually via WebEx from 10:00 a.m. to 12:30 p.m. It will be open for public comments following a brief introduction by DMV representatives. Written comments may be submitted to CDLThirdPartyTesting@dmv.ny.gov from January 18 to February 4.

"As we continue to fight this pandemic, we remain committed to expanding opportunities for New Yorkers, supporting our schools, and doing all we can to address the supply-chain issues that have affected many businesses throughout our state and country," Governor Hochul said. "By enabling third parties to give the road test for truck and bus drivers, we will create new avenues for New Yorkers to begin exciting careers, for our children to get to school, and to ensure that vital goods get where they need to be."

During the public hearing, the DMV will provide an overview of the proposal that calls for a phased roll out of this initiative that would initially allow other state agencies and authorities that have large fleets of commercial vehicles to begin conducting CDL road tests. The second phase would include qualified private entities. The DMV will establish a rigorous monitoring system to ensure that qualified CDL trainers safely administer the road tests in compliance with state and federal regulations. The DMV will use the feedback gathered during the public hearing to evaluate and develop an implementation plan.

DMV Commissioner Mark J.F. Schroeder said, "We at DMV know how important it is to have qualified truck and bus drivers on the road, and we are committed to doing what we can to address the need. We look forward to gathering public input at this hearing and then acting to enable qualified third parties to offer CDL road tests to give New Yorkers greater opportunity to take the test and to get good jobs driving these essential vehicles."

This new proposal is part of a series of actions taken by the State under Governor Kathy Hochul's leadership to remove barriers and recruit more drivers. In September, Governor Hochul introduced a variety of measures by multiple state agencies to address a shortage of school-bus drivers.

As part of that effort, the DMV expedited the process for obtaining a CDL by removing the 14-day waiting period between the permit test and the road tests. The state also increased capacity to administer road tests and, through cooperation with county-operated DMV offices, to increase testing capacity for written exams. 

In addition, New York opened new CDL Driver Testing sites by partnering with SUNY, the Thruway Authority, New York Racing Association, and the Office of General Services to use large lots on their various sites for the road test. For school staff who held an existing CDL, the State set up expedited testing to obtain a permit that allows them to drive vans and buses temporarily.

Those interested in obtaining a Commercial Driver License can find more information at https://dmv.ny.gov/commercial-drivers. 

For more information about DMV, visit dmv.ny.gov, or follow DMV on Facebook, Twitter and Instagram.

U.S. Attorney Announces The Arrest Of 13 Individuals For $100 Million Healthcare Fraud, Money Laundering, And Bribery Scheme

 

Two Indictments Charge the Defendants, Including an NYPD Police Officer, Doctors, an Attorney, and Others, With Healthcare Fraud, Money Laundering, Bribery, and Other Offenses in One of the Largest No-Fault Automobile Insurance Fraud Takedowns in History

 Damian Williams, the United States Attorney for the Southern District of New York,  Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Miriam E. Rocah, the Westchester County District Attorney, Kevin P. Bruen, Superintendent of the New York State Police (“NYSP”), and Keechant Sewell, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of two indictments charging 13 individuals – including an NYPD police officer, licensed physicians, an attorney, and others – in connection with a $100 million automobile insurance fraud scheme. 

Of the 13 defendants, eight are charged in an indictment detailing conspiracies to commit healthcare fraud, money laundering, bribery, and obstruction, making false statements to federal authorities, and aggravated identity theft.  The charges are set forth in United States v. Alexander Gulkarov, et al., 22 Cr. 20 (the “Gulkarov Indictment”), which has been assigned to U.S. District Judge Failla.  Five additional defendants are separately charged in United States v. Bradley Pierre, et al., 22 Cr. 19 (the “Pierre Indictment”), which has been assigned to U.S. District Judge Torres.

Of those defendants, ten were arrested this morning in New York and New Jersey and are scheduled to appear before U.S. Magistrate Barbara Moses in Manhattan federal court later today.  An eleventh defendant, Alexander Gulkarov, was arrested in Miami, Florida, and is scheduled to appear before a U.S. Magistrate Judge in the Southern District of Florida later today.

U.S. Attorney Damian Williams said:  “The thirteen defendants charged in today’s indictments are alleged to have collectively perpetrated one of the largest no-fault insurance frauds in history.  In carrying out their massive scheme, among other methods, they allegedly bribed 911 operators, hospital employees, and others for confidential motor vehicle accident victim information. With this information, they then endangered victims by subjecting them to unnecessary and often painful medical procedures, in order to fraudulently overbill insurance companies. Schemes exploiting no-fault insurance laws – which ironically exist to make insurance more affordable – also result in higher costs, and unfairly burden all consumers in the auto insurance market.” 

FBI Assistant Director Michael J. Driscoll said: “No-fault accident schemes, like the one alleged today, can cost insurance companies millions of dollars in payouts to doctors and clinics who provide phony or unnecessary services to unwitting accident victims. This cost is almost always passed to consumers of private insurance or subsidized programs established to help those in need. This is a dangerous game in which the penalties include federal criminal charges.”

Westchester County District Attorney Miriam E. Rocah said:  “This case is a perfect example of federal, state and local law enforcement working in partnership to investigate and take down two criminal organizations that allegedly defrauded insurance companies and exploited vulnerable individuals by subjecting them to unnecessary, harmful, and sometimes painful, medical treatments for the sake of greed and profit. We will continue to work with our law enforcement partners to hold accountable those who manipulate the insurance system on which so many people depend, especially when the alleged perpetrators are professionals who allegedly violated the oaths they took to serve and protect.” 

State Police Superintendent Kevin P. Bruen said: “These indictments are the result of years of investigative work and could not have succeeded without the collaboration between federal, state and local law enforcement.  Our investigation uncovered a large-scale, complex scheme that resulted in millions of dollars of fraudulent insurance claims. This type of fraud impacts the entire system and results in higher costs for companies and policyholders. I commend our members and our law enforcement partners for their work on this case, and we are sending a clear message that we will not tolerate fraud on any level.”

NYPD Commissioner Keechant Sewell said: “Today’s indictments reflect schemes to profit by exploiting victims’ through fraud. I commend the NYPD detectives, FBI agents and prosecutors of the United States Attorney’s Office in the Southern District of New York for their long-term efforts and cooperation in this investigation into alleged healthcare fraud, money laundering and bribery. Together, we will continue to be relentless in fighting crime that impacts the people we serve wherever, and however, it occurs."

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

Background of the Investigation

Since 2017, the U.S. Attorney’s Office for the Southern District of New York, the FBI, and the Westchester County District Attorney’s Office have been investigating several criminal organizations involved in a widespread healthcare fraud and bribery scheme that utilized the New York and New Jersey no-fault automobile insurance regime to earn millions of dollars in illegal profits.

New York and New Jersey no-fault insurance laws require a driver’s automobile insurance company to pay automobile insurance claims automatically for certain types of motor vehicle accidents, provided that the claim is legitimate, and is below a particular monetary threshold (the “No-Fault Laws”).  Pursuant to these requirements, insurance companies will often pay medical service providers directly for the treatment they provide to automobile accident victims, without the need to bill the victims themselves.  This process resolves automobile claims without apportioning blame or fault for the accident, thereby avoiding protracted disputes, and the costs associated with an extended investigation of the accident. 

The Gulkarov Indictment

The Gulkarov Indictment charges eight individuals (the “Gulkarov Conspirators”) with participating in a scheme to exploit the No-Fault Laws.  As part of the scheme, the Gulkarov Conspirators fraudulently owned and controlled more than a dozen medical professional corporations – including medical, acupuncture, and chiropractic practices – by paying licensed medical professionals to use their licenses to incorporate the professional corporations (collectively, the “Gulkarov Clinics”).  The Gulkarov Conspirators further defrauded automobile insurance companies by billing insurance companies for unnecessary, harmful, and excessive medical treatments and lying under oath to insurance company representatives.

The Gulkarov Conspirators promoted the scheme through bribery.  The Gulkarov Conspirators paid hundreds of thousands of dollars to co-conspirators (the “Runners”), who used this money to bribe 911 operators, hospital employees, and others for confidential motor vehicle accident victim information.  The Runners then used this information to contact automobile accident victims, lie to them, and induce them to seek medical treatment at, among other places, the Gulkarov Clinics.

The Gulkarov Conspirators laundered the proceeds of the fraud scheme through law firms, check-cashing entities, and shell companies, and used the money to pay for luxury cars, watches, and vacations.  Then, when certain members of the conspiracy learned that they were under federal criminal investigation, they obstructed justice by fabricating documents, lying to law enforcement, and committing perjury before a federal grand jury.

As alleged, the leaders of the Gulkarov Conspirators are non-physicians, including ALEXANDER GULKAROV, a/k/a “Little Alex,” ROMAN ISRAILOV, a/k/a “Roman Matatov,” PETER KHAIMOV, a/k/a “Peter Khaim,” and ANTHONY DIPIETRO.  ROLANDO CHUMACEIRO, a/k/a “Chuma,” and MARCELO QUIROGA are licensed medical practitioners who incorporated medical practices as part of the scheme, prescribed unnecessary and excessive medical treatments, and overbilled insurance companies under the No-Fault Laws.

The Gulkarov Indictment also includes charges against an attorney, ROBERT WISNICKI, Esq., who is the founding partner of two New York-based law firms.  As alleged, WISNICKI laundered hundreds of thousands of dollars of illicit proceeds for the leaders of the Gulkarov Conspiracy and concealed these transfers by fabricating retainer agreements, lying to law enforcement, and committing perjury before a federal grand jury.  

Finally, the Gulkarov Indictment includes a charge against an NYPD police officer, ALBERT ARONOV.  As alleged, as part of the scheme, ARONOV logged into NYPD computers during off-hours and searched for confidential motor vehicle accident reports on the NYPD’s servers.  ARONOV then took photos of the reports using a pre-paid “burner” phone and transmitted the photos to the leaders of the Gulkarov Conspiracy using an encrypted messaging application.  The leaders then used the confidential information contained in these reports to contact the motor vehicle accident victims, lie to them, and steer them to the Gulkarov Clinics for medical treatment.  When later questioned by federal agents, ARONOV lied about his involvement in accessing and disseminating the confidential motor vehicle accident reports.

All told, the Gulkarov Conspirators billed insurance companies for more than $30 million in fraudulent medical treatments.

The Pierre Indictment

The Pierre Indictment separately charges five additional individuals (the “Pierre Conspirators”) with participating in a second criminal scheme to exploit the No-Fault Laws.  The Pierre Conspirators fraudulently owned and controlled five medical services corporations – including medical clinics and a magnetic resonance imaging (“MRI”) center – by paying licensed medical professionals to use their licenses to incorporate the professional corporations (collectively, the “Pierre Clinics”).  The Pierre Conspirators further defrauded automobile insurance companies by billing insurance companies for unnecessary, harmful, and excessive medical treatments, falsifying clinical injuries in reports, and lying under oath to insurance company representatives.

The Pierre Conspirators promoted the scheme through bribery.  Like the Gulkarov Conspirators, the Pierre Conspirators also paid hundreds of thousands of dollars to the Runners, who used this money to pay bribes for confidential motor vehicle accident victim information.  The Runners then used this information to induce victims to seek medical treatment at, among other places, the Pierre Clinics.

The Pierre Conspirators laundered the proceeds of the fraud scheme through phony loan arrangements and shell companies.

As alleged, the leader of the Pierre Conspiracy is BRADLEY PIERRE, who is not a physician.  PIERRE conducted much of the No-Fault Scheme from his physical office located in a law firm owned by a family member (“Law Firm-2”), where, among other things, he monitored the Pierre Clinics using closed circuit TV cameras, communicated with co-conspirators using Law Firm-2’s email domain, and met with doctors in Law Firm-2’s offices.   PIERRE further openly communicated with Law Firm-2 about the scheme, for instance telling his family member, “I'm going to make sure you ALWAYS make your quota.”  Law Firm-2 paid PIERRE over $4 million in connection with the No-Fault Scheme – typically from Law Firm-2’s Interest on Lawyers Trust Accounts (“IOLA Accounts”) – while maintaining no documentation or ledgers identifying the purpose of these payments.

The Pierre Indictment further charges two licensed medical practitioners with participating in the scheme.  MARVIN MOY is a medical doctor who incorporated a medical practice as part of the scheme and agreed with PIERRE to conduct unnecessary and painful electrodiagnostic testing on patients.  WILLIAM WEINER is a doctor of osteopathic medicine who incorporated a medical imaging facility as part of the scheme and agreed with PIERRE to falsify findings of clinical injuries in MRIs in order to boost patient referrals.

Finally, the Pierre Indictment charges two individuals for conspiring with PIERRE to pay bribes in order to facilitate the scheme.  ARTHUR BOGORAZ is a paralegal and manager at a New York-based personal injury law firm (“Law Firm-1”).  Among other things, BOGORAZ and PIERRE agreed to jointly pay bribes for patient and client referrals to the Pierre Clinics and Law Firm-1.  ANDREW PRIME is a Runner who bribed 911 operators and operated an additional call center as part of the scheme.

All told, the Pierre Conspirators billed insurance companies for more than $70 million in fraudulent medical treatments.

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

Mr. Williams praised the work of the FBI, the New York State Police, the New York City Police Department, the New York City Department of Financial Services, the Westchester County District Attorney’s Office, and the National Insurance Crime Bureau.  Mr. Williams noted that the investigation is ongoing.                                                                                                                                                     

Gulkarov Indictment

Defendant	Age	Hometown	Charges (Potential Maximum Term of Imprisonment)
ALEXANDER GULKAROV, a/k/a “Little Alex”			Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy, obstruction conspiracy, aggravated identity theft (42 years)
ROMAN ISRAILOV			Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy, aggravated identity theft (37 years)
PETER KHAIMOV, a/k/a “Peter Khaim”			Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy, aggravated identity theft (37 years)
ANTHONY DIPIETRO			Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy; obstruction conspiracy (40 years)
ROLANDO CHUMACEIRO, a/k/a “Chuma”			Healthcare fraud conspiracy (10 years)
MARCELO QUIROGA			Healthcare fraud conspiracy (10 years)
ROBERT WISNICKI			Money laundering conspiracy, obstruction conspiracy (25 years)
ALBERT ARONOV			False statements (5 years)

 

Pierre Indictment

 

BRADLEY PIERRE			Healthcare fraud conspiracy, money laundering conspiracy, Travel Act conspiracy, aggravated identity theft (37 years)
MARVIN MOY			Healthcare fraud conspiracy, money laundering conspiracy (30 years)
WILLIAM WEINER			Healthcare fraud conspiracy, money laundering conspiracy (30 years)
ARTHUR BOGORAZ			Travel Act Conspiracy (5 years)
ANDREW PRIME			Travel Act Conspiracy (5 years)

 

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

Comptroller Brad Lander Opposes Mayor’s Premature Proposal to Increase NYC’s Debt Capacity by $19 Billion

 

 On Tuesday, as part of a Preliminary Offering Circular issued by the New York City Transitional Finance Authority (TFA), the Mayor’s Office of Management and Budget (OMB) announced that the Adams Administration intends to pursue State legislation to increase the total amount of debt the TFA is authorized to issue outside of City’s debt limit by an additional $19 billion, more than doubling the current authorization of $13.5 billion.

 

New York City Comptroller Brad Lander believes that OMB’s request for additional bonding capacity is neither necessary nor fiscally prudent at this moment. While the City may need to seek an increase to its debt limit before FY25 or FY26 in order to address its infrastructure needs, the City’s projections show sufficient borrowing capacity to meet the current capital plan for the next three years. Before seeking an increase, Comptroller Lander believes that the City must first determine what infrastructure needs can be addressed through the recent Federal infrastructure bill, better assess the pandemic’s long-term impact on property values and the City’s budget, and begin to reform its capital project management practices to get the most out of existing resources. The Comptroller will oppose the request to Albany at this time. 

 

“It is premature for the Mayor to seek a $19 billion increase to our debt capacity so early in the new term,” said Comptroller Brad Lander. “We must invest wisely in our city’s future, mindful of the risks that aging infrastructure and climate change pose to our streets, transit, and buildings. But the conversation about our debt capacity should start from an assessment of our actual infrastructure needs and the capacity to meet them over the coming years. The proposal by the Mayor’s Office of Management and Budget, expressed to investors in the offering circular published by the Transitional Finance Authority, follows no such assessment.

 

“First, the Federal Infrastructure Investment and Jobs Act, signed into law on November 15, 2021, represents an enormous opportunity for New York City, and we need to determine more clearly what resources will be made available to the City of New York. The Mayor’s team needs to develop and present a fuller picture of our infrastructure needs in the coming years, before we seek a $19 billion increase in debt to pay for them. 

 

“Second, we need a clearer picture of the City’s long-term finances. The City’s debt limit is based on the five-year average of the full value of taxable real estate in the City, and the pandemic’s impact on property values has yet to settle into predictable patterns following the historic decreases caused by the COVID-19 pandemic. Rather than seek an arbitrary increase, we should look to set an investment level tied to projected revenues.  

 

“Finally, we have a critical opportunity – one we cannot afford to waste – to reform the City’s capital project management practices, in order to maximize the limited resources we have. The City’s capital projects are notorious for going over-budget and over-time. Meanwhile, the City’s Capital Commitment Plan has historically substantially overstated the amount of actual capital commitments entered into in any given year, thereby using up less debt capacity than currently projected. Before we seek an additional $19 billion in borrowing capacity, we should make sure we are prepared to invest it more efficiently.

 

“We simply do not have an urgent need to rush into this large increase,” continued Comptroller Lander. “We currently have sufficient borrowing capacity to cover our project capital investment needs for the next three years. Seeking legislative authorization for additional bonding capacity is neither necessary nor fiscally prudent at this moment. Let’s first make sure we have a plan to use these critical long-term investment resources wisely.”

 

Background: 

 

The NYC TFA is a public benefit corporation created by New York State in 1997 to provide an alternative to General Obligation bond financing of the City’s capital program, at a time when the City’s debt limit had been reduced as a result of declining property values to a level that would have prevented the City from entering into new capital contracts in the near future. Current law provides that TFA Future Tax Secured bonds in excess of $13.5 billion outstanding are subject to the City’s constitutional debt limit, together with outstanding City General Obligation Bonds. 

 

The City’s June 30, 2021 projections show that in Fiscal Year 2025, the City’s debt-incurring margin will narrow to $4.7 billion, an amount of available borrowing capacity that assumes all currently planned capital commitments are entered and financed. 

 

Historically the City’s capital commitment rate peaked in 2019 at 63%, leaving a high likelihood that current projections will not reflect the actual amount of debt capacity under the City’s current debt limit three years out. If the increased authorization being sought is enacted into law, the TFA would be authorized to have a total of $32.5 billion of bonds outstanding outside of the City’s debt limit, increasing the City’s total debt capacity to approximately $160 billion in the current fiscal year.