Friday, June 30, 2023

Attorney General James Announces Felony Guilty Plea of Former NYPD Detective for Fraudulently Obtaining Disability Benefits

 

Andrew Albate Fraudulently Collected Disability Payments for Years While Managing a Motorsports Business

New York Attorney General Letitia James announced the guilty plea of former New York City Police Department (NYPD) detective Andrew Albate, 53, of Holbrook, Suffolk County, for fraudulently collecting more than $156,000 in disability benefits from the Social Security Administration (SSA). The Office of the Attorney General (OAG) charged that from 2019 to 2022, Albate falsely represented to the New York State Office of Temporary and Disability Assistance (OTDA) that he was unable to work and perform daily activities because of injuries sustained in 2003 while he was working for the NYPD. However, while he was collecting disability benefits and purportedly disabled, Albate worked as the general manager of Formula One Motorsports, a motorcycle dealership in Oakdale, New York. 

“Disability benefits are a critical lifeline and source of independence for New Yorkers who cannot otherwise earn a living wage,” said Attorney General James. “Andrew Albate falsely claimed a debilitating injury to cheat the system and steal from taxpayers and those who actually need financial support. His fraudulent scheme is an insult to those living with disabilities, and I am grateful to our partners at SSA for working with us to bring him to justice.” 

“Mr. Albate’s felony guilty plea and agreement to pay full restitution to SSA resulted from the combined work of SSA and the Office of the Inspector General’s Cooperative Disability Investigations (CDI) Unit and partners,” said Gail S. Ennis, Inspector General, Social Security Administration. “The CDI program saves taxpayers’ funds by ensuring that only those who are eligible for Social Security disability benefits receive them. I thank our law enforcement partners for working with us to investigate this fraud and the New York Office of the Attorney General for prosecuting this case.” 

Albate pled guilty yesterday before Judge Steven Pilewski in Suffolk County Supreme Court to one count of Offering a False Instrument for Filing in the First Degree, a class E felony, in violation of Penal Law §175.35(1). Albate will pay $156,000 in restitution to the SSA. If he fails to complete his restitution on the sentencing date, he faces one year of incarceration. 

According to OAG’s filings and statements made by prosecutors, Albate applied for disability benefits in 2004 due to an on-the-job injury and began receiving disability payments in 2007. Extensive investigative evidence shows that, beginning in 2019, Albate began working full-time as the general manager at a motorcycle dealership. Despite claiming in numerous statements to OTDA and SSA that he was not working and was physically unable to work, Albate did in fact work at Formula One Motorsports five days a week and was paid for his work in cash. As general manager, Albate operated the finance office, managed employees, and handled payroll, all while collecting disability payments based on his alleged inability to work. 

The OAG thanks CDI for their assistance and partnership in this matter, as well as Special Agent in Charge of SSA-OIG Eastern CDI Division Conor Washington and Special Agent Raysa Reynoso. 

The case was investigated for OAG by Detectives Brian Metz and Joseph Buffolino, under the direction of Detective Supervisor Mike Leahy of the Major Investigations Unit. The Investigations Bureau is led by Chief Investigator Oliver Pu-Folkes. Deputy Chief Auditor Sandy Bizzaro oversaw the forensic analysis during this investigation. 

NYC Comptroller Statement on the Fiscal Year 2024 City Budget Agreement

 

New York City Comptroller Brad Lander released a statement on the Fiscal Year 2024 budget agreement:

“The Mayor and City Council shook hands on a Fiscal Year 2024 budget agreement, which, buoyed by strong tax receipts, were cut in the Executive Budget – but leaves many critical long-term challenges unaddressed.

“This agreement rightfully restores funding to our public libraries and increases funding for Fair Fares and for Promise NYC, a program that removes barriers to care no matter a child’s immigration status. Yet other short-sighted cuts like restorative justice programs at Rikers will undermine the City’s public safety goals. And while the State provided significant increases to SUNY this year, this City budget cuts CUNY, our best vehicle for upward economic mobility at a time when career pathways are already under strain.

“The Administration wields the high cost of providing shelter for asylum seekers as a rationale for belt tightening, yet did not provide significant funding for urgent legal assistance that would significantly reduce the City’s long-term costs. City Hall announced a plan to connect asylum seekers with pro bono legal support to apply for status and work authorization, but this budget does not allocate meaningful dollars to scale up legal services that will help people gain employment, exit the shelter system, and contribute to our local economy. This is a shortsighted approach to a pressing budget and human issue.

“While this year’s tax revenues came in well-above expectations, the City still faces wide budget gaps in the outyears of the financial plan. Investing in the programs and services that sustain a thriving city requires thoughtful approaches to savings and more effective management. Using City staffing vacancies as a kind of budget reserve without regard for whether critical services – affordable housing deals, child welfare, or cybersecurity – are affected is penny-wise but pound-foolish. Instead, we should implement a four-year plan for phasing out some non-mission critical programs and operations. The $4 billion in capital funding for affordable housing must also come with a dedicated effort to ensure that the Department of Housing Preservation and Development is adequately staffed to turn that funding into homes for New Yorkers.

“With economic uncertainty still on the horizon, we continue to urge the Mayor and the City Council to adopt a formula and a goal to guide deposits into long-term reserves. This budget fails to add to rainy day funds and they remain far from our recommended 16% of tax revenues that can weather the length of an average recession without major service disruptions. The umbrella we need to protect essential services during the next fiscal storm cannot be left to buckle under political winds.

“Finally, in the coming years, we need new investments to address the most pressing challenges facing the city from housing affordability, child care, transit, to climate resilience. Those investments will require new revenues. My office put forth specific proposals to ask the top 1% of New Yorkers to contribute a little more that will enable us to secure a thriving, inclusive, and sustainable future for our city. With the FY 2024 budget agreed to, let us start that conversation now.

“My team and I will be digging in on the details of how this budget serves New Yorkers in the coming weeks.”

Governor Hochul Announces $150 Million Investment in the Cannabis Social Equity Investment Fund

 cannabis plants

Commitment Secures Up To $200 Million For Fund to Support Individuals Harmed by Disproportionate Enforcement of Cannabis Laws

Public-Private Partnership Supports Development of Dispensaries for Justice-Impacted Entrepreneurs 

 Governor Kathy Hochul today announced that Chicago Atlantic Admin, LLC ("Chicago Atlantic") is investing up to $150 million senior secured capital in the New York State Cannabis Social Equity Investment Fund (the "Fund"). The legislation that allowed for the Fund's creation provided for a $200 million cap of combined investments into it. With Chicago Atlantic's investment, the Fund will receive support to reach its funding goal of up to $200 million, which Governor Hochul and the Legislature sought when it adopted legislation to create this first-of-its-kind support for individuals affected by the unequal enforcement of cannabis prohibition.

"New York has always strived to lead the nation in providing opportunities for those who have been unjustly denied privileges and opportunities," Governor Hochul said. "Today's announcement reinforces New York's commitment to building partnerships that benefit New Yorkers and setting right the wrongs of the past. I welcome Chicago Atlantic's participation in this program and applaud their recognition of the value that New York's cannabis program will provide to so many."

Together with the State's $50 million investment, which will be funded from state cannabis industry revenues, Chicago Atlantic's contribution will enable justice-impacted individuals who have received Conditional Adult Use Cannabis Dispensary (CAURD) licenses from the New York State Office of Cannabis Management and Cannabis Control Board to receive turnkey dispensaries to start their businesses. The funds will be used to secure, lease, design, construct and furnish the CAURD dispensaries, which will be subleased to eligible CAURD licensees. The licenses will be issued low interest loans to repay set-up costs associated with the Fund program.

Chicago Atlantic, which has over 50 employees and has deployed over $1.8 billion across more than 50 investments, manages a diversified portfolio of credit investments with extensive experience in the cannabis industry. Led by a management team with expertise in real estate credit, direct lending, and risk management, Chicago Atlantic has created a leading cannabis lending platform. Chicago Atlantic's flagship investment vehicle, Chicago Atlantic Real Estate Finance, Inc. (NASDAQ: REFI) is a mortgage real estate investment trust utilizing significant real estate, credit and cannabis expertise to originate senior secured loans primarily to state-licensed cannabis operators in limited-license jurisdictions in the United States.

Chicago Atlantic Founding Partner John Mazarakis and Managing Director Peter Sack said, "We are proud to support the Governor's initiative as well as New York's CAURD licensees, the Cannabis Social Equity Investment Fund, the Dormitory Authority, the Cannabis Control Board and the Office of Cannabis Management in this transformational initiative. Social equity is the cornerstone of New York's cannabis industry, and here we aim to pair progressive licensing with progressive and innovative capital solutions. The success of New York's social equity initiatives and its CAURD licensees will benefit all industry participants and further support the development of the legal cannabis industry nation-wide."

The Social Equity Servicing Corporation (SESC), a subsidiary of the Dormitory Authority of the State of New York (DASNY) is executing the work to develop dispensaries as an agent for the Cannabis Social Equity Investment Fund.

Cannabis Social Equity Investment Fund Principal Chris Webber said, "We are honored by Chicago Atlantic's recognition of the Fund's role in fostering social equity within the NYS cannabis industry. With our dedicated partners, we are committed to breaking down barriers and creating a more inclusive landscape. This transformative collaboration marks a significant milestone in our collective journey towards a future where every individual has equal access to opportunity and funding therefore empowering communities and driving positive change. Thank you to Governor Hochul for honoring us with the challenge to do things differently in New York for a groundbreaking result."

The Cannabis Social Equity Investment Fund, which was authorized as part of the FY 2023 Enacted Budget, is a public-private limited partnership formed to position social equity entrepreneurs to succeed in New York's newly created adult use cannabis industry. It will allow the state to invest in a private fund to finance the leasing and equipping of conditional adult-use retail dispensaries in New York State to be operated by individuals who have been impacted by the inequitable enforcement of cannabis laws. It is the first of its kind in the nation.

The Fund will help those who have a CAURD license meet the costs of establishing adult-use cannabis retail dispensaries, including the identification and leasing of suitable retail locations and design, construction, and fit-out of the spaces. It is supported by up to $50 million in licensing fees and revenue from the adult-use cannabis industry and up to $150 million from the private sector.

Last year, Governor Hochul proposed, and the Legislature enacted, the Public-Private-Partnership to provide support to individuals who were disproportionally impacted by the Rockefeller Drug Laws and who met OCM licensing requirements. The Governor leveraged DASNY's finance, procurement, design, and construction expertise to help manage the process. In the months following enactment of the Fund, DASNY created the SESC as a DASNY subsidiary to execute work on behalf and as agent to the Fund; engaged in a competitive procurement process to secure a Fund Manager, Point of Sale system, and design-build firms; identified and evaluated 10,000 commercial retail properties statewide for dispensaries; and engaged with property owners statewide and executed leases for locations that will be subleased to CAURD licensees.

The Fund, Impact Ventures, is a joint venture between Webber Willis Ventures LLC, led by Basketball Hall of Famer Chris Webber and entrepreneur Lavetta Willis, and a firm affiliated with Siebert, Williams Shank ("SWS"), one of the nation's leading minority- and women-owned investment banking firms. It is led by SWS CEO Suzanne Shank and SWS Chief Administrative Officer William Thompson, the former New York City Comptroller, along with the SESC.

Housing Lottery Launches For Marion Creston Apartments In Bedford Park, The Bronx


 

The affordable housing lottery has launched for Marion Creston Apartments, two new residential buildings at 2997 Marion Avenue and 2861 Creston Avenue in Bedford Park, The Bronx. Palette Architecture designed the seven-story structure at 2861 Creston Avenue and David Cunningham Architecture is responsible for 2997 Marion Avenue, and both are developed by John V. Waters of NFW Group. Available on NYC Housing Connect are 25 units for residents at 30 to 80 percent of the area median income (AMI), ranging in eligible income from $18,515 to $122,000

Building features include elevators, security cameras, residential courtyard, bicycle storage room, and on-site laundry. Tenants are responsible for electricity.


At 30 percent of the AMI, there are three studios with a monthly rent of $454 for incomes ranging from $18,515 to $33,900; one one-bedroom with a monthly rent of $577 for incomes ranging from $23,143 to $38,130; and one two-bedroom with a monthly rent of $680 for incomes ranging from $27,738 to $45,750.

At 60 percent of the AMI, there is one studio with a monthly rent of $1,055 for incomes ranging from $39,120 to $67,800; one one-bedroom with a monthly rent of $1,328 for incomes ranging from $48,892 to $76,260; and one two-bedroom with a monthly rent of $1,581 for incomes ranging from $58,629 to $91,500.

At 80 percent of the AMI, there are ten studios with a monthly rent of $1,455 for incomes ranging from $52,835 to $90,400; four one-bedrooms with a monthly rent of $1,742 for incomes ranging from $63,086 to $101,680; and three two-bedrooms with a monthly rent of $2,181 for incomes ranging from $79,200 to $122,000.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than August 1, 2023.

Bronx Chamber of Commerce - Bronx Business News You Can Use

 

Upcoming Events, Legislative News, Grant Opportunities, & More
(Friday) Extra, Extra
Independence Day, July 4th - The Bronx Chamber of Commerce offices will be closed.
Congestion Pricing Announcement
Northeast Industrial Development Conference Comes to the Bronx

Legislative & Advocacy Updates
Trash Containerization Takes Effect
NYC Budget Passed

Upcoming Events
City of Yes Informational Session, 7/11/2023 - virtual, 7:00pm - 8:30pm
Chairman's Legislative Breakfast, 7/13/2023 - The New York Botanical Garden, 8:30am
Summer BBQ Reception, 8/3/2023 - Pelham Bay Split Rock Golf Course, 6:00pm
Friday Extra 6.30.2023 Containerization/Congestion Pricing
EVERY WEDNESDAY
MAE, MAE CAFE
GOVERNOR HOCHUL ANNOUNCES IMPLEMENTATION OF CONGESTION PRICING FOR NYC
Congestion Pricing Gets Green Light by Feds.

The Bronx Chamber of Commerce's leadership team join Governor Hochul to announce the next steps in implementing an equitable and fair congestion pricing plan for NYC.

Governor Kathy Hochul announced that the Federal Highway Administration has completed the environmental review of the State’s nation-leading congestion pricing program – Manhattan Central Business District Tolling – following a 30-day public availability period of the Final Environmental Assessment. The federal agency today issued a Finding of No Significant Impact, confirming the conclusion of the Final Environmental Assessment, which includes mitigation measures to be undertaken by the program, that the program will have no significant environmental impacts.

The Chamber team has worked with our City, State, and Federal partners to build a plan that benefits the Bronx, balances business exemption concerns and needs of central commercial districts, while ensuring NYC is on the path for a sustainable and environmentally aware future.

This is the result of tireless collaboration among federal, state, local, and community partners who acted intentionally in listening to the concerns of area constituents and prioritized the unique health and environmental needs of the Bronx. Together, having secured $155 million in new investments to significantly reduce pollution and greenhouse gas emissions, we can move forward with a congestion pricing plan that at its core prioritizes the principles of environmental justice for a community like mine that for too long has been overlooked.
NORTHEAST INDUSTRIAL CONFERENCE COMES TO
THE BRONX - INNOVO PROPERTIES LEADS
Talking Industrial Development with NYC Experts.

The Bronx Chamber leadership team joined Bronx Chamber member Innovo Property Group during the Bisnow Northeast Industrial Conference speaking on trends in industrial and manufacturing sectors and the Bronx's development boom in the industrial sector.

"The Bronx is transportation rich and has benefitted from innovation and industrial connectivity," said Michael Brady, Senior Vice President of Economic Development and Policy at The Bronx Chamber of Commerce. "We are grateful to Bisnow and Innovo Properties for bringing this important conference to the Bronx and highlighting our robust and growing industrial, logistics, and creative / maker sectors."

For more info? Email: outreach@bronxchamber.org
LEGISLATIVE & ADVOCACY UPDATES
Trash Containerization Rules

Mayor Eric Adams and New York City Department of Sanitation (DSNY) Commissioner Jessica Tisch announced the launch of the next two phases in getting bags of trash off of city sidewalks.

First, the Adams administration is publishing a final rule mandating that all food-related businesses put their trash in secure containers. Second, the administration is starting the rulemaking process on a new proposal to expand the containerization requirements to all chain businesses with five or more locations in New York City. When both rules are implemented, they will cover 25 percent of businesses across the five boroughs and require approximately 4 million pounds of waste produced each day to be placed in secure containers.

In May, DSNY proposed a rule requiring all food-related businesses – including restaurants, caterers, grocery stores, delis, and bodegas, among others – to put trash and compostable material into secure containers rather than directly on the street. There are approximately 40,000 food-related businesses in the five boroughs – 20 percent of all businesses in the city – and these business types were selected first because they produce an outsized amount of waste, especially waste that attracts rats. Later this week, that rule will be published in the City Record, and it will go into effect on July 30, 2023.
NYC Budget Update

Mayor Eric Adams and Council Speaker Adrienne Adams announced that they have reached an agreement on a $107 billion budget for the City’s Fiscal Year 2024 (FY24), which will begin, July 1, 2023. The budget will be voted on today, June 30, 2023 during the Council's Stated Meeting.

See below for highlights from the budget announcement from the Mayor’s press release. Click here to access the full text of the Mayor’s press release and click here to access the Council’s press release.

We will not have information about funding for specific organizations or programs until the City releases FY24 budget documents. We expect these documents will be available before the weekend and we will send updates as soon as additional information is available.
UPCOMING EVENTS
Summer BBQ Networking Reception
August 3 at 6:00pm
Pelham Bay & Split Rock, 870 Shore Road Bronx, NY

Join Bronx Chamber members, elected officials, and friends for a Summer evening of networking, great food & drinks, and conversation. The evening includes live music, barbeque, dancing, and networking.

Individuals wishing to golf before hand must contact Pelham Bay and Split Rock Golf Course directly.
Chairman's Legislative Breakfast
July 13 at 8:30am
The New York Botanical Garden, 2950 Southern Boulevard Bronx, NY
Open to Chairman, Corporate, and President's Circle Members

This signature gathering is hosted by The Bronx Chamber of Commerce in partnership with The New York Botanical Garden and will host legislators and agency leadership to discuss the future of the borough’s economic development and New York City and New York State policies.

This is a meaningful, timely, and purposeful gathering that will shape the future of business while also providing members an intimate and closed setting to speak with legislators. I hope that you will attend and share your thoughts on our future.
For the complete Bronx Chamber Events Calendar, featuring educational workshops, networking events and other opportunities hosted by the Chamber, its members, & partners, please visit and bookmark our website events calendar link in your browser - new events are added weekly!