Founder And Former Chief Investment Officer Of New York Based Investment Adviser Charged With Securities Fraud And Obstruction Of Justice

 

James Velissaris inflated the values of numerous positions in the investment funds managed by Infinity Q and falsified documents to Infinity Q’s auditors and the SEC in order to hide the fraud

 Damian Williams, United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced that JAMES VELISSARIS, the founder and former chief investment officer of Infinity Q Capital Management (“Infinity Q”), a New York based investment adviser that ran a mutual fund and a hedge fund that purported to have approximately $3 billion in assets under management, was charged with securities fraud and obstruction of justice for orchestrating a scheme to lie to investors and falsify documents.  VELISSARIS made false and misleading statements to investors and others concerning Infinity Q’s process for valuing certain over-the-counter (“OTC”) derivative positions that made up a substantial portion of the holdings of the mutual and hedge funds, and also fraudulently mismarked those securities in ways that did not reflect their fair value. VELISSARIS committed the mismarking scheme in order to inflate the value of the investment funds as reported to investors, to attract and retain capital, and to increase his own compensation. In order to avoid detection of the scheme, VELISSARIS provided both Infinity Q’s auditor and the Securities and Exchange Commission (“SEC”) with falsified or altered documents, including providing the auditor with altered term sheets that served to provide fabricated support for the fraudulently inflated values.  VELISSARIS surrendered to FBI agents in Atlanta, Georgia this morning and is expected to be presented later today.

U.S. Attorney Damian Williams said:  “As alleged, James Velissaris violated his obligation to put the interests of his investors before his own profits.  In order to attract and retain investments in the funds that he operated, Velissaris lied about the independence of the process that he used to value fund assets, and he manipulated that process to convince investors that the funds were performing much better than they were.  He then tried to cover his tracks by submitting fabricated or altered documents to the funds’ auditor and the SEC.  This case further demonstrates the Office’s continued commitment to stamping out financial fraud, whether it be in private funds or the public markets.”

FBI Assistant Director Michael J. Driscoll said: "Investment fraud schemes may seem like a tried and true way to get rich quick, but the perpetrators are often too confident in their abilities to hide their illegal activity from investigators. As was the case with Velissaris, the truth caught up with him, and his alleged lies were exposed. Today he faces the consequences of his actions."

According to the allegations contained in a six-count Indictment unsealed today in Federal court and other publicly-available information:[1]

Background

VELISSARIS was the founder and chief investment officer of Infinity Q, an investment adviser that ran both a mutual fund (the “Mutual Fund”), started in about 2014, and a hedge fund (the “Hedge Fund,” and collectively the “Investment Funds”), started in about 2017.  As of 2021, the two funds purported to have approximately $3 billion in assets under management.  Infinity Q was headquartered in New York, New York, and employed a small staff including a chief compliance and chief risk officer (“Employee-1”). 

A major component of both the Mutual Fund and the Hedge Fund’s holdings were over-the-counter (“OTC”) derivative positions that involved customized contracts that allowed the counterparties to take positions on the volatility, or price movement, of underlying assets or indices.  VELISSARIS, through Infinity Q, represented to its investors that it valued these OTC derivative positions based on fair value, and that in order to do so, it utilized the services of an independent third-party provider.  In particular, Infinity Q represented to investors and other stakeholders that it used Bloomberg Valuations Service (“BVAL”) to independently calculate the fair value of these positions, in accordance with the terms of the underlying derivative contracts.  These OTC derivative positions comprised hundreds of millions of dollars of the Investment Funds’ portfolios.   

Velissaris’ Scheme to Lie to Investors and Inflate Derivative Swap Positions

In fact, however, VELISSARIS defrauded Infinity Q’s investors by taking an active role in the valuation of Infinity Q’s positions, and by modeling the positions in ways that were not based on the actual terms of the underlying contracts and were inconsistent with fair value.  VELISSARIS’ input into the BVAL valuation process was inconsistent with Infinity Q’s representations about the independence of the process and allowed VELISSARIS to fraudulently mismark positions in BVAL.  VELISSARS engaged in the mismarking of positions in BVAL by making false entries in BVAL’s system including by secretly altering the computer code employed by BVAL that caused BVAL to alter and disregard certain critical terms.  Altering and disregarding terms in this fashion caused BVAL to report values that were artificially inflated and, often, much higher than fair value. 

By manipulating OTC derivative positions in BVAL in this way, VELISSARIS caused numerous positions in the Investment Funds to have anomalous and, at times, impossible valuations.  For example, at times, VELISSARIS made manipulations in either the Mutual Fund and/or the Hedge Fund that caused certain identical positions that were held by both the Mutual Fund and the Hedge Fund (namely, a position where all the material terms are the same) to have substantially divergent values.  In other cases, some of VELISSARIS’ manipulations caused certain positions held by the Investment Funds to have impossible values, such as where under the true terms of the swap, the value adopted by VELISSARIS could only be true if volatility were negative – a condition which is mathematically impossible.

Ultimately, after VELISSARIS’ mismarking scheme was uncovered in or about February 2021, Infinity Q liquidated the Investment Funds and sold its OTC derivative positions.  These positions were sold for hundreds of millions of dollars less than their purported market values in BVAL thereby resulting in substantial losses to the investors in the Investment Funds.

Velissaris Lies to Auditors and Obstructs the SEC’s Investigation

In order to hide this scheme and prevent its detection, VELISSARIS lied to numerous outside stakeholders and regulators.  First, in order to prevent Infinity Q’s outside auditor (the “Auditor”) from discovering the fraud VELISSARIS provided the Auditor with falsified term sheets from counterparties that he had altered to change the true terms of certain OTC derivative positions.  In particular, in connection with a number of audits, the Auditor selected certain OTC positions that it would independently value in order to confirm the reasonableness of Infinity Q’s values from BVAL.  In order to ensure that the Auditor would not arrive at materially different results when independently valuing positions that VELISSARIS had manipulated in BVAL, VELISSARIS altered the terms of certain deal documents and provided them to the Auditor.  After receiving these falsified documents and relying on them in its independent evaluation, the Auditor confirmed the reasonableness of VELISSARIS’ valuations in BVAL.

Furthermore, beginning in May 2020, the SEC opened an inquiry and later an investigation into Infinity Q’s valuation practices.  In connection with that investigation, VELISSARIS provided false and misleading information to the SEC.  For example, when the SEC asked for original documents that had been provided to investors, VELISSARIS altered the documents before providing them to the SEC, including certain alterations that would help hide his mismarking scheme.  For example, Infinity Q’s original investor materials stated that “[o]nce a price is established for a portfolio security, it shall be used for all Funds that hold the security.”  As explained above, this was untrue and on numerous occasions, manipulations in BVAL made by VELISSARIS caused the same positions in the Mutual Fund and the Hedge Fund to have substantially different values.  To conceal the falsity of Infinity Q’s disclosures, VELISSARIS along with Employee-1 removed this line from investor documents that were provided to the SEC.

In June 2020, the SEC requested that Infinity Q provide additional materials, including documents regarding Infinity Q’s valuation committee and all of its meeting minutes.  Infinity Q’s investor materials had represented that Infinity Q had a valuation committee, including VELISSARIS, that the committee would meet monthly or more often, and that VELISSARIS would be responsible for preparing minutes of such meetings.  In fact, however, VELISSARIS had not kept notes of any such meetings.  Accordingly, days before responding to the SEC, VELISSARIS made up notes purporting to be from valuation committee meetings in 2019 and 2020 and submitted them to the SEC.

VELISSARIS, 37, of Atlanta, Georgia, is charged with securities fraud, wire fraud, lying to auditors, and obstruction of justice, each of which carries a maximum sentence of 20 years in prison; and investment adviser fraud and conspiracy to obstruct justice, each of which carries a maximum sentence of 5 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 defendant will be determined by a judge.

Mr. Williams praised the work of the Federal Bureau of Investigation.  He further thanked the Securities and Exchange Commission and the Commodity Futures Trading Commission for their cooperation and assistance in this investigation.   

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

Letitia James The New York Democrats nominated me

 

It’s official, 

Yesterday, at the New York State Democratic Convention, I was honored to receive an official nomination for attorney general.

I have spent every moment of my time as your attorney general fighting to defend the rights of the voiceless and vulnerable – even against some of the most powerful forces in the nation. I’ve taken fights to Big Pharma for their role in the opioid crisis, held corrupt politicians accountable, and protected Americans' right to choose – because I refuse to be bought or intimidated.

It would be the honor of my career to serve as New York’s attorney general for another four years, but I can’t do this alone. That’s why we set a goal to receive at least 1,000 donations before midnight tonight. 

Together we made history in 2018 when I became the first Black woman to be elected to hold statewide office. And now, we have the opportunity to make history again by getting me re-elected.

But, I didn’t run for attorney general to make history – I ran because I knew that I had the grit and determination needed to make a positive difference for New York. And I’m running for re-election because I’m not done fighting for the vulnerable and voiceless.

I’m incredibly honored to receive an official nomination from the New York Democrats for attorney general – now I need your help to take advantage of this momentum and make history with me again.

Thanks for standing with me,

Letitia

EDITOR'S NOTE:

We are happy that the New York State Democratic Party has chosen to re-nominate current Attorney General James, but we would of liked her to have run for governor. As usual we have edited out any and all requests for  donations to the campaign. 

MAYOR ADAMS ANNOUNCES COVID-19 RECOVERY ROUNDTABLE AND HEALTH EQUITY TASK FORCE

 

As Omicron-Driven Pandemic Wave Recedes, Mayor Adams Convenes Diverse Stakeholders to Accelerate Health, Economic Recovery for New York City

 

Task Force Will Have Eye Towards Long-Term Health Equity as City Rebuilds and Protects Long-Term Growth

 

Policy Advisors and Public Engagement Functionaries Will Help New York City Bridge Gap From COVID to Longer Term Equity Goals

 New York City Mayor Eric Adams today announced his administration’s COVID-19 Recovery Roundtable and Health Equity Task Force, a commission, unprecedented in its diversity, to advise the administration on long-term, comprehensive policies around health equity and health access. The task force is made up of approximately 40 leaders from a wide variety of sectors, recognizing that to be effective, the task force must include a wide range of voices whose sectors, taken together, are instrumental in a speedy, effective recovery. The task force will also build a healthier, stronger, and more equitable city for all New Yorkers. The task force will meet monthly over the next year.

 

“We cannot build a just and prosperous recovery for all New Yorkers without bringing together and listening to experts and community leaders from across the city,” said Mayor Adams. “The COVID-19 Recovery Roundtable and Health Equity Task Force brings not only the best minds together to build a speedy recovery, but a lasting one. I’m grateful to the co-chairs and members for bringing their time and ideas to the city as we work towards this shared goal.”

 

“I’m thrilled to have leaders from every corner of New York City as part of our COVID-19 Recovery Roundtable and Health Equity Taskforce,” said First Deputy Mayor Lorraine Grillo. “Thank you to everyone who has joined this effort, I’m looking forward to rolling up our sleeves and getting to work developing long term policies to guide our city through a just and equitable recovery.” 

 

“Assembling a group of leaders, advocates, and practitioners from 11 different fields, ranging from the disability community to the tech sector and the faith-based community will yield an inclusive conversation on how we can continue on the city’s path to an equitable recovery,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “We look forward to an engaged, sustained, and productive dialogue with the task force in service of building a stronger and more equitable city for all New Yorkers.”

 

The COVID-10 Recovery Roundtable and Health Equity Task force will be co-chaired by:

 

• Dr. Ramon Tallaj, chairman of SOMOS Community Care, a nonprofit of about 3,000 doctors serving about 900,000 Medicaid-reliant patients citywide and an immigrant himself.
• Dr. Wayne Riley, chair, Board of Trustees, New York Academy of Medicine and president, Downstate Health Sciences University. University Hospital was designated as a COVID-only hospital during the height of the pandemic and is among New York’s most impactful teaching hospitals and research facilities.
• Pat Kane, executive director, New York State Nurses Association (NYSNA). NYSNA represents over 42,000 frontline health care workers.
• Melba Wilson, whose renowned eatery, Melba’s, is a Harlem institution and an icon of New York City’s beleaguered hospitality industry.

 

“Eric Adams made a promise to bring preventive care to the streets and neighborhoods of New York City that need it the most – and with this announcement he has kept that promise,” said Dr. Ramon Tallaj, chairman, SOMOS Community Care. “The mayor has done this by uniting community doctors, leaders from major hospitals and caring New Yorkers from a diverse range of industries and organizations behind a lasting COVID-19 recovery, and a lasting conversation around health equity that represents and benefits all New Yorkers. We look forward to developing and announcing a recovery plan that builds back the social fabric of the city, especially for poor and working communities.”

 

“As frontline nurses we have seen the devastating effects of a lethal pandemic on communities across the city,” said Pat Kane, RN, executive director, New York State Nurses Association. “Uneven resources undercut the fundamentals of equity governing access to health resources in our city. Seeking long-term health equity is key to enhancing the public's health. We greatly appreciate and thank Mayor Adams for the opportunity to join with diverse stakeholders in a COVID-19 Recovery Roundtable and Health Equity Task Force, a much-needed effort to protect the health of all New Yorkers.”

 

“I commend Mayor Adams for bringing together such an esteemed panel of leaders and experts to help guide his administration’s efforts to advance New York City’s COVID Recovery,” said Wayne J. Riley, M.D, president, Downstate Health Sciences University. “The public health, economic, arts and recreation, education, hospitality, tourism, and workforce prowess of the city is critically important to creating a thriving ‘new normal.’ The past two years have illuminated the shortcomings of our health care systems and public health infrastructure, particularly for our most vulnerable New Yorkers. We now have an opportunity to learn from our experiences, mistakes, and successes. I am humbled to serve and contribute to this innovative COVID-19 Recovery Roundtable and Health Equity Taskforce, and am encouraged by the mayor’s deep commitment to getting this right.”

 

“The restaurant industry is the beating heart of our city,” said Melba Wilson, owner, Melba’s. “I am honored to be a co-chair of the Recovery Roundtable and remain optimistic that New York, the greatest city in the world, will rebound stronger than ever!”

 

Among members of the commission are:

 

• Jo-Ann Yoo, executive director, Asian American Federation
• Avi Greenstein, executive director, Boro Park Jewish Community Council
• Lisa Sorin, president, Bronx Chamber of Commerce
• Joseph Rappaport, executive Director, Brooklyn Center for the Independence of the Disabled Independent Living Center
• Mary Anne Tighe, CEO, CBRE's New York Tri-State Region
• Vincent Alverez, president, Central Labor Council, AFL-CIO
• Dr. Wafaa el-Sadr, university professor, Dr. Mathilde Krim-amfAR Chair of Global Health Epidemiology (In ICAP); director, ICAP, Columbia University
• Dr. Rosa Gil, founder, president, CEO, Communilife
• Mark Cannizaro, president, Council of School Supervisors and Administrators
• Felix Matos Rodriguez, chancellor, CUNY
• Henry Garrido, executive director, DC 37
• Dr. Billy Jones, clinical professor, Department of Psychiatry, New York University Grossman School of Medicine
• Jean Ryan, disabled advocate and activist, Disabled in Action
• Eddie Cuesta, national executive director, Dominicanos USA
• Karen Ignagni, CEO, Emblem Health
• Rafael Espinal, executive director, Freelancers Union
• Stephen Scherr, chief strategy officer, Goldman Sachs
• William Floyd, head of external affairs, Google New York
• Fred Cerullo, president, CEO, Grand Central Partnership
• Michael Balboni, executive director, Greater New York Health Care Facilities Association
• Rich Maroko, president, Hotel and Gaming Trades Council, AFL-CIO
• Loreen Loonie, senior vice president, Independence Care System
• Bruce Flanz, president, CEO, Jamaica Hospital Medical Center
• Orit Lender, CEO, Joan & Alan Bernikow JCC of Staten Island
• Guillermo Chacon, president, Latino Commission on AIDS
• Melba Wilson, owner, Melba's Harlem
• Jack Stephenson, president, Molina Healthcare
• Dr. Donna Futterman, director and professor of pediatrics at Adolescent AIDS Program, Montefiore Medical Center
• Rev. Dr. Valerie Oliver Durrah, founder and president, Neighborhood Technical Assistance Clinic
• Andrew Rigie, executive director, New York City Hospitality Alliance
• Murad Awawdeh, executive director, New York Immigration Coalition
• Pat Kane, executive director, New York State Nurses Association
• Arva Rice, president, CEO, New York Urban League
• LaRay Brown, CEO, One Brooklyn Health System
• Javier Castaño, publisher, Queens Latino
• Ricot Dupuy, publisher, Radio de Soleil
• James Whelan, president, REBNY
• Fitzgerald Giddings Jr., publisher, Reset Talk Show
• Dr. Tom Frieden, president, CEO; former DOHMH commissioner, CDC director, Resolve to Save Lives
• Anna Pekerman, publisher, Rusa FM
• George Gresham, president, SEIU 1199 United Healthcare Workers East
• Dr. Ramon Tallaj, chairman, SOMOS
• Michelle Sabatino, executive director, Staten Island Center for Independent Living
• Dr. Wayne Riley, president, SUNY Downstate Medical Center
• Danny Meyer, CEO, Union Square Hospitality Group
• Fred Wilson, partner, Union Square Ventures
• Michael Mulgrew, president, United Federation of Teachers
• Rev. Zidde Hamatheite, senior pastor, Wayside Baptiste Church
• Sandeep Mithrani, CEO, WeWork
• Christine C. Quinn, CEO, Win

CONSUMER ALERT: Attorney General James Warns New Yorkers of Tracking Threat From Malicious Apple AirTag Users

 

AG James Offers Tips to Protect New Yorkers from Being Tracked by Apple AirTags

  New York Attorney General Letitia James today issued a consumer alert with safety recommendations to protect New Yorkers from bad actors using Apple AirTags to track individuals’ locations and their belongings for harmful purposes. Individuals have reported finding unknown AirTags attached to their cars, and in their purses, coat pockets, and other personal property. Others have reportedly received alerts on their phones that their location information is being shared, even when the targets do not find an AirTag or another connected accessory. 

“Across the country, Apple AirTags are being misused to track people and their belongings to cause harm,” said Attorney General James. “Tracking people without their awareness or consent is a serious felony and will not be tolerated by my office. I urge all New Yorkers to pay close attention to their belongings and follow the tips provided by my office to stay safe. New Yorkers’ safety is my top priority and my office will continue to do everything in its power to protect New Yorkers.”

Apple AirTags are small tracking devices intended to act as a key finder to help people locate their personal items. However, malicious individuals have been placing the small devices on people’s personal belongings without their awareness to track them.

Attorney General James recommends consumers take the following steps to protect themselves and their belongings:

• Listen for unfamiliar beeping. When an AirTag is separated from a familiar device for some time, the AirTag will start to make a beeping noise. If you hear this beeping noise, try to locate its source. AirTags can be stuck in various places including in bags and pockets, under cars, inside of bumpers, and the back of license plates. If you find an unfamiliar AirTag, hold your smartphone up to it to receive information about the AirTag including its serial number. Write down this information, then disable the AirTag by using the instructions on the screen or by removing the AirTag’s battery, and call your local law enforcement for assistance.
• Watch for “Item Detected Near You” notifications on iPhones. If your iPhone has been close to an unfamiliar AirTag or other accessory for a prolonged period of time, you may receive a notification on the Find My application stating, “Item Detected Near You.” Tap this message and it will allow you to play a sound on the AirTag in order to find it. You will also be able to use the app to receive information about the AirTag and disable it. Be sure to write down any information you learn about the AirTag before disabling it and call your local law enforcement for assistance. This Find My feature only works if your device is running iOS or iPadOS 14.5 or later, so be sure to keep your device’s operating system up to date.
• If you have an Android device, download Tracker Detect from the Google Play Store. If you hear unfamiliar beeping, you can use Tracker Detect on your Android device to find any unfamiliar AirTags within your Bluetooth range. Please note that you will have to manually scan the area using the app, it will not scan for devices automatically.
• Know that not all unfamiliar AirTags are malicious. While it is important to be careful, AirTags are sometimes legitimately lost by their users, and your device will alert you regardless. If an AirTag has been reported lost, your Find My notification will give you information to allow you to return it.
• Check for updated guidance. Apple has issued guidance on how to deal with unknown AirTags or Find My alerts. If you come across any issues, check with Apple for updated guidance.
• Update your Apple device’s operating system. Apple is implementing new safety measures, so make sure you update your Apple device’s operating system regularly.

To report a misused Apple AirTag found in your belongings, please contact the Office of the Attorney General (OAG) immediately by filing a complaint with the OAG Internet and Technology Bureau.

NYC PUBLIC ADVOCATE'S STATEMENT ON THE FISCAL YEAR 2023 PRELIMINARY BUDGET

 

OFFICE OF THE PUBLIC ADVOCATE

FOR THE CITY OF NEW YORK

JUMAANE D. WILLIAMS

"In discussions with the administration, I’ve stressed that the coming budget needs to build toward a new normal, a new era, and new philosophy, building on the strength of what has worked and learning from the errors of what hasn’t. In many ways, what the mayor outlined today acknowledges that need. 

"Fiscal responsibility must be paired with human responsibility – we cannot cut for the sake of cutting without consideration of the cost to New Yorkers. In this year’s budget, we need to invest in what the government can do, and has an obligation to do, to improve the lives and protect the futures of its people. I appreciate that across a range of issues, the administration recognizes the role that strengthening successful programs and launching new initiatives can play in the immediate and long term health of our city’s people and economy.

"New York’s budget is still bolstered by federal spending in response to the COVID-19 pandemic and economic crisis – how those funds are allocated and managed is critical to our recovery. This funding should be used not only to respond to immediate needs, but to bolster and build new physical and programmatic infrastructure that will set a foundation for the future – as will the record reserves this budget allocates.  

"This emphasis on long-term investment is reflected in the need to invest heavily in climate resiliency and other infrastructural improvements, which I am glad to see well-represented in the mayor’s budget. We need to go further, working to prevent as well as prepare for the kind of climate emergencies which were once extraordinary but are increasingly more common. Construction and conversion must also be devoted to safe, sustainable, deeply affordable housing across the city, and the city must provide DOB and HPD with the funding necessary to protect tenants across the city from bad landlords and dangerous violations.

"Key among areas of investment is community-centered public safety solutions. While law enforcement has a role to play, it is critical that we expand the scope of and budget for non-police alternatives, whether for mental health crises, traffic enforcement, homelessness outreach, gun violence intervention, harm reduction services, or roles within the NYPD which can be civilianized. I will continue to guide our budget and our city toward a reimagining of public safety.

"It is essential that our budget prioritizes the needs of and services for children and families. I am proud that after many years of advocacy from myself and others, the Summer Youth Employment Program will be essentially universal under this budget. We fought for this goal for many years, and it’s very encouraging and vindicating to see it highlighted so early in this process and administration. It is important that we expand opportunities and strengthen support for young people in their homes, communities, and schools. Expanding the number of school counselors and the resources available for restorative justice in schools will have an impact not only on the education of our young people, but the safety and stability of our neighborhoods.

"As my own family is experiencing now, focus on and investments in maternal health, both before and after children are born, is invaluable. I am glad that the mayor shares and reflects this commitment in the budget, and it should be paired with dramatic expansion in childcare services and affordability that will support families and strengthen our economy. Training medical workers before high-risk emergency deliveries and expanding at-home family visits will save lives. I am excited that the budget will invest in these critical programs for mothers and young families. 

"Our city’s investments must center both economic and community health, development, and growth, and I believe that this year’s budget can meet these goals. The mayor’s preliminary budget is just that, a starting point – and this is a good place to start. Over the next months of the budget process I look forward to working with the administration and the City Council to ensure that our city’s budget sets the city on course with the necessary resources for recovery and renewal."

Eight Defendants Charged In Manhattan Federal Court For Distributing Fentanyl Linked To Multiple Overdose Deaths In The Bronx

 

 Damian Williams, the United States Attorney for the Southern District of New York, Timothy Foley, the Acting Special Agent in Charge of the Drug Enforcement Administration’s New York Division (“DEA”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a Superseding Indictment today charging JESUS CABRERA, a/k/a “Gee,” MICHAEL AMAYA, a/k/a “Miz,” and ALBERTO CONCEPCION, a/k/a “Chino,” with participating in a conspiracy to distribute fentanyl that resulted in the August 25, 2021, death of Malik Rahman in the Bronx, New York. HUMBERTO BORGES, a/k/a “Berto,” FRANKIE CAPELLAN, a/k/a “Nitty,” WILLIE HARRIS, a/k/a “Light,” LUIS RAMIREZ, a/k/a “Flaco Construction,” a/k/a “Lou,” and JOSE FIGUEROA, a/k/a “Chelo,” were also charged in the Superseding Indictment as members of the conspiracy.  CABRERA, CONCEPCION, and BORGES were arrested today in the Bronx, FIGUEROA was arrested today in Brooklyn, and RAMIREZ was arrested today in West New York, New Jersey.  AMAYA, who was charged in the original Indictment, was already in federal custody.  CAPELLAN and HARRIS remain at large.  The defendants who were arrested today will likely be presented this afternoon before United States Magistrate Judge Gabriel W. Gorenstein.

U.S. Attorney Damian Williams said: “As alleged, the defendants operated a network for the distribution of highly addictive and dangerous drugs.  Despite knowing about the deadly effects of fentanyl, Cabrera and his crew continued to sell countless doses throughout the Bronx.  As alleged, glassines stamped with the defendants’ logo were found at the scene of multiple overdoses over the past year.  Today’s arrests are part of our continued commitment, along with our law enforcement partners, to stop the flow of fentanyl onto the streets of New York City and to bring to justice the dealers and suppliers who push this poison.”

DEA Acting Special Agent in Charge Timothy Foley said: “Zeroing in on drug trafficking organizations responsible for fueling the increasing overdose death rates is our focus. This action marks the first arrests in New York under DEA's newly announced Operation Overdrive, which targets drug-related violence and overdose deaths across the United States. Allegedly, Jesus Cabrera and his criminal network built a foothold for drug distribution in the Bronx adding fentanyl to their fire and branded their drugs for distribution throughout the Bronx with labels like ‘Supreme,’ ‘Off-White,’ and ‘Thriller,’ to not only highlight the potency of their drugs, but to appeal to users. DEA will continue our important work with our law enforcement partners to remove these dangerous criminals from our streets and restore the safety and health of our communities.”

NYPD Commissioner Keechant L. Sewell said:  “When you allegedly brazenly peddle illegal narcotics that threaten the lives of innocent New Yorkers, the collective vigor of our law enforcement assets will find you and stop you — no matter who you are, where you operate, or who your illicit operations harm. This is critically important work and I praise our partners, and the leadership of the prosecutors in the United States Attorney’s Office in the Southern District of New York, for working together to achieve some measure of justice for the many victims affected in this case.”

As alleged in the Superseding Indictment unsealed today in Manhattan federal court and in other court papers and proceedings[1]:

CABRERA, AMAYA, CONCEPCION, BORGES, CAPELLAN, HARRIS, RAMIREZ, and FIGUEROA are members of a drug trafficking organization (“DTO”) that operates principally from a block on 142nd Street between Brook Avenue and St. Ann’s Avenue in the Bronx (the “Set”), where its members sell glassines of fentanyl in bulk to dealers who then re-distribute the DTO’s product on the Set and in other areas of the Bronx. Members of the DTO also sell individual glassines to users who line up on the Set on an almost daily basis. CABRERA is the leader of the DTO, and, until recently, AMAYA managed and oversaw the DTO’s various street-level dealers, baggers, and lookouts, including the other charged defendants.  In the fall and winter of 2021 alone, the DTO distributed an estimated five to six kilograms of fentanyl per month. 

The DTO has frequently used a signature “stamp” on the glassines of fentanyl it sells. For many months, the DTO stamped its glassines with a “Supreme” logo.  Starting in or around December 2021, the DTO began using an “Off White” logo, and, recently, the DTO switched to a “Thriller” logo.  

Despite the DTO’s leadership’s awareness of the potential deadly impact of fentanyl, members of the DTO continued pushing the DTO’s product.  Indeed, as early as on or about January 2019, CABRERA sent AMAYA a link to a news article that described law enforcement’s crackdown on heroin dealers in the Bronx who were “pushing a deadly cut of heroin . . . using a new drug known as fentanyl,” which had led to a rash overdose deaths.

On or about August 25, 2021, CONCEPCION sold a quantity of loose “Supreme”-stamped glassines to an individual on the Set (“Individual-1”), who subsequently provided one of those glassines to Rahman. Rahman died from an overdose shortly after ingesting the substances in the “Supreme”-stamped glassine, the residue of which later tested positive for, among other things, fentanyl.  Both CABRERA and AMAYA were directly involved in overseeing CONCEPCION’s narcotics sales at that time.  Indeed, in the days leading up to Rahman’s fatal overdose, AMAYA and CABRERA exchanged text messages referencing certain quantities of narcotics that were going to CONCEPCION for resale on the Set.

Including Rahman’s fatal overdose, between in or around March 2021 and in or around December 2021, there were at least six confirmed fatal overdoses in the Bronx at which “Supreme”-stamped glassines were found on the scene and two additional suspected overdose deaths at which the “Supreme”-stamped glassines were found on the scene.   In or around January 2022, there was a ninth fatal suspected overdose in the Bronx at which a “Thriller”-stamped glassine was found on the scene.

During the course of this morning’s arrests and pursuant to judicially authorized search warrants and consent searches, law enforcement recovered, among other items, approximately 1.5 kilograms of mixtures and substances containing suspected fentanyl, numerous “Thriller” glassines, ledgers reflecting the DTO’s weekly drug inventory, a firearm, and over $120,000 in cash.

JESUS CABRERA, a/k/a “Gee,” 42, MICHAEL AMAYA, a/k/a “Miz,” 40, ALBERTO CONCEPCION, a/k/a “Chino,” 50, HUMBERTO BORGES, a/k/a “Berto,” 45, FRANKIE CAPELLAN, a/k/a “Nitty,” 40, WILLIE HARRIS, a/k/a “Light,” 52, LUIS RAMIREZ, a/k/a “Flaco Construction,” a/k/a “Lou,” 36, and JOSE FIGUEROA, a/k/a “Chelo, 57, are each charged with conspiracy to distribute and possess with intent to distribute 400 grams and more of fentanyl, which carries a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison. CABRERA, AMAYA, and CONCEPCION are also charged with causing the deaths of a victim in connection with the narcotics conspiracy, which carries a mandatory minimum sentence of twenty years in prison and a maximum sentence of life in prison. The statutory minimum and maximum penalties 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 investigative work of the NYPD and DEA, and the New York/New Jersey High Intensity Drug Trafficking Area (“HIDTA”) Intelligence Analysts for their support and assistance in this matter.   He also thanked the Bronx District Attorney’s Office for its assistance in the case.

The charge contained in the Superseding Indictment is merely an allegation, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and other court papers and proceedings, and the description of the Superseding Indictment Superseding Indictment and other court papers and proceedings set forth herein, constitute only allegations and every fact described should be treated as an allegation.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - FEBRUARY 16, 2022

 

Yesterday Statewide Positivity is 2.37%, 7-Day Average Positivity Remains Below 3%

Statewide COVID-19 Hospitalizations Fall Below 3,500 - Lowest Since December 5

37 COVID-19 Deaths Statewide Yesterday

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

 "I want to thank New Yorkers for doing their part to bring cases and hospitalizations down during the recent Omicron wave,” Governor Hochul said. “However, this is no time to let our guard down. Let's continue to be vigilant, including getting your second dose and booster shot if you haven't already. Parents and guardians, please consult your child's pediatrician or health care provider about getting them vaccinated if you haven't already."

Today's data is summarized briefly below:  

• Test Results Reported - 138,125
• Total Positive - 3,274
• Percent Positive - 2.37%
• 7-Day Average Percent Positive - 2.78%
• Patient Hospitalization - 3,265 (-239)
• Patients Newly Admitted - 334 
• Patients in ICU - 530 (-43)
• Patients in ICU with Intubation - 304 (-13)  
• Total Discharges - 281,970 (+427)
• New deaths reported by healthcare facilities through HERDS - 37
• Total deaths reported by healthcare facilities through HERDS - 54,280

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 – 68,439

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 – 36,574,552
• Total vaccine doses administered over past 24 hours - 39,412
• Total vaccine doses administered over past 7 days - 280,537
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 91.4%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 82.6%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) – 85.2%
• Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 80.9%
• Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 70.8%
• Percent of all New Yorkers with at least one vaccine dose - 80.8%
• Percent of all New Yorkers with completed vaccine series - 72.7%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 88.4%
• Percent of all New Yorkers with completed vaccine series (CDC) - 75.0%

NYS Office of the Comptroller DiNapoli: Corporate America Must Show Progress on Diversity, Equity & Inclusion

 

NYS Comptroller Calls on Companies to Advance Racial Equity Strengthens Pension Fund’s Policy to Vote Against Boards That Lack Diversity

 New York State Comptroller Thomas P. DiNapoli today announced the New York State Common Retirement Fund’s (Fund) efforts to increase corporate accountability for progress on diversity, equity and inclusion (DEI) issues. DiNapoli’s approach seeks action from corporations to ensure racial equity while holding them accountable for failing to ensure DEI throughout all levels of their companies.

“Corporate America must foster and protect racial and gender equity in the workplace, in company policies and in how it interacts with customers,” DiNapoli said. “When companies fall short and fail to address inequities, they put themselves and their shareholder value at risk. We’re seeing more and more companies do the right thing and make real progress on diversity, equity and inclusion, but there’s so much more work to do. The Fund will continue to expand its efforts to hold its portfolio companies accountable.”

Under DiNapoli’s leadership, the Fund engages with portfolio companies on a range of issues to address investment risks and opportunities. In order to identify and prioritize companies to engage with, the Fund researches and reviews corporate policies or practices that may run contrary to best practices or pose potential risks to the Fund, and monitors media and academic reports about controversies involving portfolio companies. Encouraging companies to have robust policies, practices, and data disclosure related to DEI is a priority for the Fund’s corporate governance engagement. Numerous studies have pointed to the material benefits of a diverse workforce, including a 2020 McKinsey study that shows diverse companies are more likely to outperform their less diverse peers.

Shareholder Proposals in 2022

The Fund employs shareholder proposals to raise issues directly to fellow shareholders and boards of directors. The Fund’s shareholder proposals seek new reporting and policies that would enhance transparency, mitigate investment risks, and improve shareholder value. When filing a shareholder proposal, the Fund seeks a productive dialogue with the company. If the company agrees to implement the proposal’s request, it is withdrawn by the Fund.

Diversity, Equity and Inclusion (DEI) Reporting

DiNapoli announced that the Fund filed shareholder proposals at Electronic Arts Inc., Monster Beverage, Inc., Take-Two Interactive Software, Inc., and HCA Healthcare Inc. seeking disclosure of their progress on improving workplace DEI. The disclosures sought in these proposals include the recruitment, retention, and promotion rates, as well as pay data of employees by gender, race, ethnicity, sexual orientation, age, disability and veteran status.

Currently, these companies have released very limited or no information on their DEI programs and practices. DEI reporting would allow investors to compare and assess the effectiveness of companies’ efforts.

The Fund has since reached an agreement with HCA Healthcare Inc., one of the nation's largest healthcare providers, and the proposal has been withdrawn.

Board Diversity Commitments

Since 2010, DiNapoli and the Fund have filed 39 shareholder proposals asking companies to take concrete steps to increase board diversity. As a result, the Fund has secured 21 agreements to promote diversity, which helped add 29 diverse members to boards of directors.

This year, DiNapoli reached an agreement with First Community Bankshares to consider diversity inclusive of sex, race, ethnicity, age, gender identity, gender expression and sexual orientation in nominating new board members, and include women and people of color in the candidate pool from which it chooses new directors. As a result of the agreement, the Fund withdrew its proposal, which had been filed for the second consecutive year after winning support from 71% of fellow shareholders at the company’s annual meeting in June 2021.

Another proposal calling for increased board diversity was co-filed, along with the State of Connecticut’s Retirement Plans and Trust Funds at Vicor Corp.

EEO-1 Reporting

The federal government collects information from companies detailing the race, ethnicity and gender of companies’ workforce, including their senior management. DiNapoli has asked the Kroger Company supermarket chain and Zoom Video Communications, Inc. to publicly disclose this data to increase transparency on DEI and provide comparable, reliable data versus peers and the market. Showing how the number of diverse employees and senior executives changes over time can provide insight into a company’s progress on DEI.

Discrimination and Sexual Harassment Disclosure

Corporate America must proactively address the corrosive effect that discrimination and sexual harassment have on workplace rights, morale, and company performance. DiNapoli recently announced proposals filed with Activision Blizzard, Inc., Tesla, Inc. and Starbucks Corporation — companies that have been impacted by allegations of discrimination or harassment.

Racial Equity Audits

In January, DiNapoli announced the filing of a shareholder proposal requesting independent and public examinations of corporations’ impacts on civil rights, equity, diversity and inclusion, and the impacts of those issues on the company’s business. The original proposal, filed with Amazon in 2021, won 44% support at the company’s annual meeting in May 2021. DiNapoli has re-filed with Amazon this year and filed similar proposals at Chipotle Mexican Grill, Dollar General Corp., Dollar Tree, Inc., and Match Group.

Board Director Votes

Voting on director nominees is a key tool that provides the most direct means for shareholders to hold companies accountable. The Fund believes its interests are best served by directors who demonstrate a commitment to sustainable long-term performance and responsible corporate governance.

Diversity Voting Guidelines

DiNapoli also announced today the adoption of updated Proxy Voting Guidelines that will expand the Fund’s scrutiny of board diversity, including diversity of age, race, gender, ethnicity, sexual orientation and gender identity, geography, and disability. As a result, the Fund will examine all Russell 1000 Index companies and vote against:

• All incumbent board nominees if there are no directors identifying as an underrepresented minority on the board (as defined by federal Equal Employment Opportunity Commission, which includes one or more of the following: Black or African American, Hispanic or Latino, Asian, Native American or Alaska Native, Native Hawaiian or Pacific Islander, or two or more of the preceding);
• All incumbent nominating committee nominees when a board does not have more than one director identifying as an underrepresented minority;
• All incumbent nominating committee nominees at companies that do not disclose the self-identified individual racial/ethnic diversity of their board directors; and
• All incumbent nominating committee nominees at companies that have not listed both gender and racial/ethnic diversity as explicit considerations in their search for directors.

The Fund will also vote against all incumbent Compensation Committee members of S&P 500 Index companies for failing to disclose EEO-1 data to investors.

The Fund continues to encourage its portfolio companies to disclose whether directors identify themselves as LGBTQ+ or as a person with a disability. The Fund also plans to further expand its voting policy during the coming years.

Since 2018, the Fund has voted against all incumbent board directors standing for re-election at companies that have no women on their boards. In situations where a company has just one woman on its board, the Fund has withheld support from all incumbent members of the board's nominating committee.

 

About the New York State Common Retirement Fund

The New York State Common Retirement Fund is one of the largest public pension funds in the United States with an estimated value of $279.7 billion as of Dec. 31, 2021. The Fund holds and invests the assets of the New York State and Local Retirement System on behalf of more than one million state and local government employees and retirees and their beneficiaries. The Fund has consistently been ranked as one of the best managed and best funded plans in the nation. The Fund's fiscal year ends March 31.