Saturday, March 19, 2022

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

Clinical specimen testing for Novel Coronavirus (COVID-19) at Wadsworth Laboratory

 Lowest Number of Hospitalizations Since August 3

5 COVID-19 Deaths Statewide Yesterday


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

"Getting the vaccine is the best way to keep yourself, your community and your loved ones safe against COVID-19," Governor Hochul said. "We've made tremendous progress in our fight against COVID and we cannot stop now. If you have yet to get the first dose, second dose, or booster, do so today. They are free, effective, and readily available statewide."

Today's data is summarized briefly below:      

  • Test Results Reported - 136,585
  • Total Positive - 2,642
  • Percent Positive - 1.93%  
  • 7-Day Average Percent Positive - 1.85%
  • Patient Hospitalization - 925 (-53)
  • Patients Newly Admitted - 127
  • Patients in ICU - 147 (-10)
  • Patients in ICU with Intubation - 76 (-6)
  • Total Discharges - 289,198 (+141)
  • New deaths reported by healthcare facilities through HERDS - 5
  • Total deaths reported by healthcare facilities through HERDS - 55,029

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 - 69,958

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 - 37,300,871
  • Total vaccine doses administered over past 24 hours - 15,718
  • Total vaccine doses administered over past 7 days - 89,423
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 91.9%
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 83.3%
  • 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) - 85.9%
  • Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 82.2%
  • Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 72.2%
  • Percent of all New Yorkers with at least one vaccine dose - 81.4%
  • Percent of all New Yorkers with completed vaccine series - 73.6%
  • Percent of all New Yorkers with at least one vaccine dose (CDC) -89.3%
  • Percent of all New Yorkers with completed vaccine series (CDC) - 75.9%
Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows:    

Borough  

Wednesday, March 16, 2022 

Thursday, March 17, 2022 

Friday, March 18, 2022 

Bronx 

0.71% 

0.76% 

0.81% 

Kings 

1.35% 

1.37% 

1.41% 

New York 

1.72% 

1.81% 

1.95% 

Queens 

1.08% 

1.14% 

1.14% 

Richmond 

1.07% 

1.09% 

1.12% 

Long Island Physician Sentenced to 51 Months in Prison for Covid-19 Loan Fraud

 

Dr. Konstantinos Zarkadas Fraudulently Obtained More than $3 Million in Small Business Loans to Purchase a Yacht and Maintain a Lavish Lifestyle

 In federal court in Central Islip, Konstantinos Zarkadas, a Glen Cove-based medical doctor, was sentenced by United States District Judge Gary R. Brown to 51 months’ imprisonment for fraudulently obtaining millions of dollars in COVID-19 emergency relief funds.  The Court also ordered Dr. Zarkadas to pay approximately $3.5 million in restitution.  Dr. Zarkadas pleaded guilty in November 2021 to disaster relief fraud and wire fraud in connection with his receipt of small business loans under the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan Program (EIDLP). As part of the plea agreement, Dr. Zarkadas forfeited $200,000 and four luxury wristwatches.

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Thomas Fattorusso, Jr., Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York (IRS-CI), announced the sentence.

“Today’s sentence demonstrates there are consequences for those who treat vital government programs as cash give-a-ways and shamefully seek to profit from an unprecedented public health crisis,” stated United States Attorney Peace.  “This Office will vigorously prosecute and bring to justice medical professionals like the defendant and other fraudsters who are driven by greed to maintain a lavish lifestyle at the expense of small businesses in legitimate need of COVID-19 emergency assistance.”

“It’s a shame to see rampant abuse of programs designed to help ordinary people struggling through the pandemic.  Dr. Zarkadas chose greed over honesty by financing a luxury lifestyle on the backs of America’s taxpayers,” stated IRS-CI Special Agent-in-Charge Fattorusso.  “Thanks to the investigative work of IRS-CI and the FBI, he’ll sail straight to federal prison instead of onboard his $1.7 million yacht that was illegally purchased with CARES Act funds.”

Between March 2020 and July 2020, amid the COVID-19 pandemic, Dr. Zarkadas fraudulently applied for, and received based on the false information that he provided, at least 11 PPP and EIDLP loans totaling approximately $3,700,000, on behalf of corporate entities he controlled.  Dr. Zarkadas laundered the loan proceeds through various bank accounts, ultimately using the funds for extravagant personal purchases and other impermissible purposes.  For example, in July 2020, Dr. Zarkadas used approximately $194,915.42 in PPP funds to finance the down payment on a $1.75 million yacht.  To conceal the fraudulent nature of the purchase, Dr. Zarkadas made the check payable to a family member who was not the ultimate beneficiary of the funds and, in the check’s memo line, falsely indicated the funds were “repayment for payroll.”  Dr. Zarkadas also withdrew tens of thousands of dollars’ worth of loan proceeds in cash and used some of the proceeds to satisfy more than $1 million in judgments against him, to lease luxury automobiles, and to make personal purchases, including several Rolex and Cartier wristwatches which he forfeited as part of his guilty plea in this case.   

Congress created the PPP and EIDLP as part of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.   Enacted on March 29, 2020, the CARES Act provided emergency financial assistance in connection with economic effects of the COVID-19 pandemic.  One source of relief provided by the CARES Act was the allocation of funds for the issuance of forgivable loans to small businesses for job retention and certain other expenses through the PPP.  The PPP allowed qualifying small businesses to receive unsecured loans on favorable terms, which they were required to use for specified expenses, including payroll costs, interest on mortgages, rent and utilities.  The PPP provided for forgiveness of the loan if recipient businesses spent the proceeds on these specified expenses within a limited time period and used a certain percentage for payroll costs.

Another source of relief provided by the CARES Act was the EIDLP, which provided low-interest financing to small businesses, renters and homeowners in regions affected by declared disasters.  Under the program, EIDLP recipients were eligible to receive advances of up to $10,000 for small businesses within three days of applying for an EIDL (EIDL Advance).  The amount of an EIDL Advance was determined based on the number of employees working for the applicant.  The EIDL Advance did not have to be repaid.

MAYOR ADAMS APPOINTS LAURIE CUMBO AS DEPARTMENT OF CULTURAL AFFAIRS COMMISSIONER

 

 New York City Mayor Eric Adams announced the appointment of Laurie Cumbo as commissioner of the Department of Cultural Affairs (DCLA). In that role, she will direct cultural policy for the city and oversee city funding for hundreds of nonprofit arts and cultural organizations across the five boroughs that deliver quality arts programming for New Yorkers. Additionally, Commissioner Cumbo will advise on strategies for equitably supporting and strengthening the citys diverse cultural community, which is essential to New Yorks status as a global capital leader and makes major contributions to the citys economic vitality and social well-being.

“As we work to revitalize our city, the Department of Cultural Affairs will play a vital role in our economic recovery — expanding access to the arts for outer-borough children and providing increased support for local artists,” said Mayor Adams. “Laurie Cumbo brings a breadth of experience in the arts, community advocacy, and city government to her role as commissioner. She will be instrumental in leading our efforts to strengthen New York City’s vibrant cultural life and connect New Yorkers to cultural experiences and institutions in all five boroughs.”

 

“Our arts and cultural organizations were particularly hard hit by the pandemic, and investing in that sector is a central part of our Blueprint for New York City’s Economic Recovery, as well as this administration’s broader efforts to build a safer, more equitable, and resilient city,” said Deputy Mayor for Economic and Workforce Development Maria Torres-Springer. “Commissioner Cumbo has a strong record of leading and partnering with cultural organizations across the city, and I look forward to working with her to support the entire cultural community, create quality creative jobs, and expand access to the arts for all New Yorkers.”

 

“Every single moment in my life  from my first internship at the age of fifteen at the Metropolitan Museum of Art and founding Brooklyn’s first Museum of Contemporary African Diasporan Arts, to teaching at Pratt Institute and serving on the Committee on Cultural Affairs, Libraries, and International Intergroup Relations as a New York City councilmember  has led me to this incredible opportunity to further serve the city as the Commissioner of the Department of Cultural Affairs,” said Commissioner Laurie Cumbo. “I thank Mayor Eric Adams for appointing me to this position. Together, we will center the arts in New York’s economic recovery and bolster the educational and cultural experiences of every New York City student from Pre-K to CUNY. I also believe we can help address public safety issues in New York City — taking a gun out of the hands of a young person and replacing it with an instrument, paintbrush, camera, or script will redirect the talent and passions of our youth towards building a better and more vibrant New York City.”

 

DCLA represents and serves nonprofit cultural organizations involved in the visual, literary, and performing arts; public-oriented science and humanities institutions including zoos, botanical gardens, and historical and preservation societies; and creative artists at all skill levels who live and work within the city’s five boroughs. The agency provides hundreds of millions of dollars in expense and capital funding to more than 1,000 cultural nonprofits each year. Additionally, the agency commissions permanent public artwork and provides free materials to public schools, nonprofits, and city agencies with arts programming.

 

“With Laurie Cumbo’s appointment to be the next commissioner of the Department of Cultural Affairs, we look forward to continuing our partnership with her and with the agency. Theater artists never stopped making theater, even when our venues temporarily closed, and we now have a tremendous opportunity to work together with Commissioner Cumbo and DCLA to provide workers with the resources they need to thrive in this new endemic phase of the pandemic and beyond,” said Deadria Harrington, board chair, Alliance of Resident Theatres/New York; and Risa Shoup, interim executive director, Alliance of Resident Theatres/New York. “The Alliance of Resident Theatres/New York is confident that we will find collaboration and support in DCLA as we seek new and enhanced resources to meet our mutual goal of an ever more vibrant, equitable, and inclusive theater that reflects the vitality and diversity of our great city.”

 

“I am both excited and hopeful about Laurie Cumbo becoming the new commissioner of the Department of Cultural Affairs,” said Diane Fraher (Osage/Cherokee), founder and director, American Indian Artists Inc. “Laurie Cumbo knows and understands the real needs of all artists and cultural workers in New York City, especially the artists from underserved communities.”

 

“We congratulate Laurie Cumbo on her appointment as DCLA commissioner,” said Viviana Bianchi, executive director, Bronx Council on the Arts. “She has been a staunch supporter of the arts and culture throughout her career. We look forward to working closely with her to enhance resources for artists and arts organizations in our borough and throughout New York City. We wish her extraordinary success.”

 

“On behalf of the Brooklyn Arts Council, I am thrilled to congratulate and welcome Laurie Cumbo as New York City’s next commissioner of cultural affairs. As the Council’s majority leader and member of the Cultural Affairs committee, she has long been a champion of arts and culture for all New Yorkers from within city government,” said Charlotte Cohen, executive director, Brooklyn Arts Council. “She is also trained in arts administration and, as founder of such an important museum, MoCADA, has a deep understanding of the workings of nonprofit cultural organizations, as well as artists’ experiences and needs. With her keen understanding of the importance of arts in people’s lives, to our economic vitality, and to our mental and social well-being, Commissioner Cumbo will be an incredible partner and advocate and leader for our sector.”

 

“Laurie Cumbo has been a tireless advocate for arts and culture organizations and, more particularly, organizations led by people of color. Her reach extended to every borough, and her advocacy helped to maintain New York City’s role as a leader in arts and culture,” said Melody Capote, executive director, Caribbean Cultural Center African Diaspora Institute. “Laurie will, for sure, continue Gonzalo’s leadership and enhance the ability of the department to support our artist community.”

 

“On behalf of the Coalition of Theatres of Color, we are thrilled that our longtime champion Laurie Cumbo will continue to serve the city of New York in her new role as the next commissioner of the Department of Cultural Affairs. Her historic appointment marks a turning point in New York City’s recognition of underserved communities and marginalized arts organizations throughout New York City. We applaud the mayor for this groundbreaking appointment,” said Sade Lythcott, chair, Coalition of Theatres of Color; and Carl Clay, vice chair, Coalition of Theatres of ColorMs. Cumbo brings a unique and distinguished history to this position as a former advocate, elected official, and community arts administrator. We believe this appointment will strongly position New York City to remain the arts capital of the world, while pushing for quality arts programming and bold new cultural policies and ensuring that the contributions of our cultural communities remain both vibrant and equitable in the growth and economy of New York City.”

 

“The Cultural Institutions Group is thrilled to welcome former majority leader Laurie Cumbo as the commissioner of the Department of Cultural Affairs. During and prior to her tenure in public office, Laurie has served in a variety of strategic capacities as an advocate for the cultural community and understands the broader role that culture plays in the city’s ecosystem,” said Taryn Sacramone, chair, Cultural Institutions Group and executive director, Queens Theatre. “We look forward to working with her on continuing to serve New Yorkers — demonstrating the value of New York City’s arts and culture to the wider global community.”

 

“Ifetayo Cultural Arts Academy is thrilled by the news of Laurie Cumbo’s appointment as the new commissioner of DCLA. She has been a strategic advocate and trusted partner to community-based arts and culture organizations throughout our diverse city. As we stand ready to open the doors of our new, 5,000-square-foot home in a few short weeks, we would not have been able to reach this transformative moment without Laurie’s extraordinary efforts,” said Naima Oyo, executive director, Ifetayo Cultural Arts Academy. “As a Black female executive director of an African-centered community-based arts organization, I look forward to continuing our partnership with Laurie and her new colleagues at DCLA to further promote an equitable arts agenda for the city. We applaud Mayor Adams on his wise choice of selecting Laurie to lead at the critical time, and we wish both the mayor and Laurie great success.”

 

“As theaters begin to bustle again, and arts and culture claws their way back, we must not forget the lessons learned over the last two years,” said Randi Berry, executive director, Indie Theater Fund. While fighting dual pandemics of Covid-19 and systemic racism, small arts organizations have had an uphill battle maintaining their venues and keeping their programming intact. Arts and culture will be central to the economic recovery of New York City, and I look forward to working with Commissioner Cumbo to support artists who have been most marginalized.”

 

“Congratulations to Laurie Cumbo,” said Devorah Halberstam, co-founder, Jewish Children’s MuseumShe is a gift to the cultural community, understanding that the pulse of our communities are our cultures. It is what unifies us, all through our wonderful diversity. I look forward with great anticipation to her creativity and brilliance as she brings the city into a new and exciting space.”

 

“Our city has a true arts and culture advocate in Laurie Cumbo,” said Kemi Ilesanmi, executive director, Laundromat Project and chair, Cultural Affairs Advisory CommissionI look forward to supporting her vision as the new DCLA commissioner and know that her firsthand experience in building cultural institutions and on the City Council will greatly benefit the cultural landscape in our beloved city.”

 

“On behalf of Lower Manhattan Cultural Council, we celebrate the appointment of DCLA Commissioner Laurie Cumbo,” said Ana Fiore, director of artist servicesLower Manhattan Cultural CouncilA groundbreaking leader and champion for New York City’s artists, arts organizations, and local communities, the commissioner will usher our city’s arts landscape into an era of expanded hope and creativity following the pandemic.”

 

“We look forward to seeing the agency thrive under Commissioner Cumbo’s leadership and welcome the emergence of exciting new opportunities for partnership and collaboration throughout the field,” said Diego S. Segalini, CFAO, Lower Manhattan Cultural Council.

 

“New Yorkers for Culture and Arts welcomes and congratulates Laurie Cumbo as new commissioner for DCLA,” said Lucy Sexton, executive director, New Yorkers for Culture and ArtsAs someone who founded and built one of the city’s cultural treasures, MoCADA, she has an extraordinary passion for culture and a deep knowledge of the field. We were so grateful for her dedicated work with and for the creative sector during her time as majority leader of the Council, and we look forward to working with her to build a just and thriving cultural city.”

 

“It’s been a challenging few years for all New Yorkers, especially the arts and culture community,” said Joe LoBello, board chair, Queens Council on the Arts; and Rodney Fuller, interim executive director, Queens Council on the ArtsAs we recover from the devastating impacts of the pandemic, having a lifelong arts advocate, supporter, and leader like Laurie Cumbo will bolster the city and the arts community. We are excited to work with Commissioner Cumbo to continue promoting and advocating for arts programming in Queens — the city’s most diverse borough — and across the city.”

 

About Laurie Angela Cumbo

 

Laurie Angela Cumbo previously served as majority leader in the New York City Council and represented the City Council’s 35th district for eight years. She wrote over forty laws and resolutions in that role, including creating the first-ever Mayor’s Office to End Gun Violence and the Mayor’s Office of Victim Services. Cumbo focused her career on institution building and worked diligently throughout her tenure in the City Council to secure permanent cultural homes for the Noel Pointer Foundation, Ifetayo Cultural Arts Center, the West Indian American Day Carnival Association, African Voices Magazine, Creative Outlet Dance Company, Museum of Contemporary African Diasporan Arts (MoCADA), 651 Arts, the Brooklyn Music School, The Brooklyn Pride Center and Digital Girl.

 

Prior to her time in the City Council, Cumbo founded MoCADA in Brooklyn and previously worked at the Metropolitan Museum of Art, the High Museum, the Brooklyn Museum, and the Brooklyn Children’s Museum. At MoCADA, Cumbo was instrumental in expanding the museum to a newly renovated space at the James E. Davis 80 Arts Building in Fort Greene, Brooklyn, and pushed to build a multimillion-dollar, state-of-the-art museum into its new home in the BAM South Building in partnership with BAM, The Brooklyn Public Library, and 651 Arts.

 

Cumbo is a lifelong Brooklynite. She graduated with a Bachelor of Arts degree in Art History from Spelman College and a Master of Arts degree in Visual Arts Administration from New York University.

 

Attorney General James Announces Guilty Plea of Former Not-For-Profit Executive for Stealing Hundreds of Thousands From Medicaid

 

Shirley Goddard, Former Executive Director of H.O.M.E., Expected to Pay More Than $650,000 in Restitution

  New York Attorney General Letitia James today announced the guilty plea of Shirley L. Goddard — 75, of Dewitt, New York — for embezzling more than $650,000 from Humanitarian Organization for Multicultural Experiences, Inc. (H.O.M.E.), where she served as executive director for nearly 30 years. H.O.M.E. — a Syracuse-based not-for-profit organization started by Goddard and her husband, Tyrone M. Goddard, in 1992 — received funding from Medicaid to provide outpatient, community-based services to children and adults who are developmentally disabled. In submitting her plea today, Goddard admitted to stealing the funds from H.O.M.E. from January 2014 to September 2018, and has agreed to repay the stolen amount in restitution to the Office of the Attorney General’s (OAG) Medicaid Fraud Control Unit (MFCU). The funds will be returned to H.O.M.E. to replenish the amount that Goddard stole.

“Stealing public funds that are intended for New York’s neediest residents is as shameful as it is unlawful,” said Attorney General James. “Medicaid funds are intended to help serve our state’s most vulnerable communities, but Shirley Goddard defrauded this program and illegally pocketed hundreds of thousands of dollars. To be clear, my office has zero tolerance for this type of fraud, which is why we will hold accountable, to the fullest extent of the law, all those who seek to illegally profit from the state and off the backs of our most vulnerable residents.” 

Today, before Onondaga County Court Judge Thomas J. Miller, Goddard pled not guilty to the felony complaint, waived presentation to a grand jury, and entered a guilty plea to a superior court information, in which she admitted to embezzling $650,809.32 from H.O.M.E. during the period of January 1, 2014 to on or about September 30, 2018. Goddard is scheduled to be sentenced on May 13, 2022.

In addition to the criminal prosecution conducted by MFCU, OAG’s Charities Bureau filed a civil lawsuit against Shirley and Tyrone Goddard that seeks the recovery of the funds Ms. Goddard has admitted to stealing, as well as other misappropriated charitable assets and seeks a permanent bar prohibiting the Goddards from holding any fiduciary role in a charitable or nonprofit organization operating in New York.

MFCU’s investigation was led by Detective Timothy Bates with the assistance of Supervising Detective Christopher M. Burns, all under the supervision of Deputy Chief Commanding Officer William Falk. The underlying financial analysis was completed by Senior Auditor-Investigator Christine Rhody, under the supervision of Syracuse Regional Chief Auditor Dejan Budimir.

MFCU jointly investigated this case with Assistant Attorney General Sharon Sash with the assistance of Associate Accountant Darren Beauchamp, under the supervision of Charities Bureau Enforcement Section Co-Chief Emily Stern. The Charities Bureau is led by Bureau Chief James Sheehan and Deputy Bureau Chief Karin Kunstler-Goldman, and is a part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux.

The criminal case is being prosecuted by Regional Director Ralph D. Tortora, III. MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. The Division for Criminal Justice is led by Chief Deputy Attorney General José Maldonado. Both the Division for Criminal Justice and the Division for Social Justice are overseen by First Deputy Attorney General Jennifer Levy.

Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online on the OAG website or by calling the MFCU hotline at (800) 771-7755. If the situation is an emergency, please call 911.

MFCU’s total funding for federal fiscal year (FY) 2022 is $59,918,216. Of that total, 75 percent — or $44,938,664 — is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent of the approved grant — totaling $14,979,552 for FY 2022 — is funded by New York state. Through its recoveries in law enforcement actions, MFCU regularly returns more to the state than it receives in state funding.

Correctional Officer Greg Mckenzie Indicted For Obstructing Investigation Of Smuggling Of Firearm Into Metropolitan Correctional Center

 

 Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Ryan T. Geach, Special Agent-in-Charge of the Department of Justice Office of the Inspector General New York Field Office (“DOJ-OIG”), announced the unsealing of an indictment charging GREG MCKENZIE, a Bureau of Prisons correctional officer, with obstructing a federal investigation into the smuggling of a firearm into the Metropolitan Correctional Center (“MCC”).  The loaded firearm was recovered from inside the MCC on March 5, 2020.  MCKENZIE was arrested today and will be presented before Magistrate Judge Robert W. Lehrburger later today.  The case has been assigned to U.S. District Judge P. Kevin Castel.

U.S. Attorney Damian Williams said:  “Greg McKenzie is alleged to have obstructed justice by lying to federal agents investigating the smuggling of a firearm into the MCC in 2020.  His alleged use of a prepaid cellphone to communicate secretly with an inmate from whose prison cell the firearm was recovered and subsequent false denials about those communications is a serious crime.”

FBI Assistant Director-in-Charge Michael J. Driscoll said:  “McKenzie allegedly obstructed justice when he lied to federal investigators regarding his contact with a MCC inmate who last occupied a cell in which a loaded firearm was discovered.  As a federal corrections officer, McKenzie was responsible for protecting the welfare of the inmates and his coworkers in the facility.  Instead of fulfilling that duty, he chose to lie to the agents investigating a gravely serious violation of safety protocols.  With today’s charges, he will be forced to face the consequences of his actions.”

DOJ-OIG Special Agent-in-Charge Ryan T. Geach said:  “McKenzie’s alleged lying and obstruction of a federal investigation are serious offenses, especially because a loaded firearm in the hands of an inmate endangers not just the prison, but the entire community.”

According to the Indictment[1] unsealed today:

On or about March 5, 2020, a loaded .22 caliber firearm (the “Firearm”) was recovered from inside an MCC prison cell that had last been occupied by two inmates, including “Inmate-1.”  Several weeks before the Firearm was recovered, Inmate-1 and his wife had each communicated by phone with a particular cellphone used by MCKENZIE (the “McKenzie Prepaid Cellphone”).  However, when law enforcement agents interviewed MCKENZIE regarding the Firearm investigation, MCKENZIE falsely denied having any connection to the McKenzie Prepaid Cellphone.

Specifically, on January 30, 2020, MCKENZIE purchased the McKenzie Prepaid Cellphone from a store in lower Manhattan, just moments after having withdrawn approximately $120 in cash from a nearby ATM.  The next day, MCKENZIE used the McKenzie Prepaid Cellphone to repeatedly exchange calls with Inmate-1 – who was using a contraband cellphone from within the MCC – and Inmate-1’s wife. 

Meanwhile, cellphone location information revealed that the McKenzie Prepaid Cellphone frequently traveled between MCKENZIE’s Danbury, Connecticut residence and the MCC on dates and times consistent with MCKENZIE’s work schedule.  On the evening of January 31, 2020, MCKENZIE and Inmate-1’s wife each briefly traveled to the same location in the Bronx at the same time, and MCKENZIE thereafter traveled directly to the MCC to begin a shift beginning at midnight on February 1, 2020, whereupon he was assigned to the very unit where Inmate-1 was housed and from where the Firearm was later recovered.  

Surveillance video and call detail records further established that after beginning his February 1, 2020, shift, MCKENZIE and a colleague conducted a routine check of Inmate-1’s cellblock.  Moments later, Inmate-1, using a contraband cellphone, called and then texted the McKenzie Prepaid Cellphone.  Within minutes, MCKENZIE briefly returned to Inmate 1’s cellblock – this time alone – while appearing to carry an object under his left arm. 

On November 4, 2021, two federal agents conducted a voluntary interview with MCKENZIE.  During the interview, MCKENZIE falsely denied ownership, possession, and use of the McKenzie Prepaid Cellphone, and falsely denied ever using any prepaid cellphone to communicate with an MCC inmate or inmate’s associate.       

MCKENZIE, 35, of Danbury, Connecticut, is charged with one count of false statements, in violation of 18 U.S.C. § 1001(a)(2), which carries a maximum penalty of five years in prison, and one count of obstruction of justice, in violation of 18 U.S.C. § 1512(c)(2), which carries a maximum penalty of 20 years in prison.

Mr. Williams praised the outstanding work of the FBI, DOJ-OIG, Special Agents from the U.S. Attorney’s Office for the Southern District of New York, and the U.S. Customs and Border Protection in New York.

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

[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described therein should be treated as an allegation.  The defendant is presumed innocent unless and until proven guilty.

Governor Hochul Signs Legislation to Expand the Opioid Settlement Board from 19 to 21 Members

Pens to sign Legislation

Governor Announces Two New Appointments 


 Governor Kathy Hochul today, after signing legislation expanding the Opioid Settlement Board from 19 members to 21 members, announced her two appointments to the Board.

"As we make our comeback from the COVID-19 pandemic, we must commit to also mitigating the impact of the opioid pandemic New Yorkers have endured for many years," Governor Hochul said. "That is why I am appointing Anne Constantino and Debra Pantin, two dedicated and qualified public servants to work with me in delivering results to improve prevention, treatment, and recovery for New Yorkers who need our support."

Anne Constantino has been appointed to the Opioid Settlement Board. Ms. Constantino is the President & CEO of Horizon Health Services, and has worked at Horizon since 1986 where she began as Chief Operating Officer. As CEO, Ms. Constantino has seen an expansion of services in Western New York. As a result of the expansion, Horizon Health Services have grown and become one of the largest providers of mental health and addiction treatment and support services providers in Western New York. Ms. Constantino is a proud Western New Yorker, having graduated from Buffalo State (BA) and SUNY Buffalo (MS). Ms. Constantino is active in her community and on multiple boards such as: Amherst Chamber of Commerce, Executive Committee member: NYS Addiction Services Providers, Executive Committee: Coalition for Community Services, A Network of New York SUD treatment agencies. 

Debra Pantin has been appointed to the Opioid Settlement Board. Ms. Pantin is the President & CEO of the Outreach Development Corporation located in Richmond Hill, New York. As CEO, Ms. Pantin focuses on using her 30 years of experience in the substance abuse and mental health treatment field. By trade, Ms. Pantin is a social worker by trade who has an extensive background in uplifting communities and improving outcomes. While working as CEO of VIP Community Services in the Bronx, Ms. Pantin was able to help oversee unprecedented growth in agency operations. Funding was raised from $21 million to $30 million under her watch. MS. Pantin is President of the Alcoholism and Substance Abuse Providers of New York State (ASAPNYS) and is the Chair of Mental Health News Education's Board of Directors. She participates in numerous national, state and local boards, and was previously the Co-Chair of the Substance Abuse Treatment Committee for the Coalition of Behavioral Health Agencies.

The New York State Association of Counties (NYSAC) made three recommendations for appointment to the Opioid Settlement Board that are currently being reviewed.