ROCHESTER – Attorney General Eric T. Schneiderman today announced the arrest of Deborah Cleveland, 42, a medication technician formerly employed by Heather Heights Assisted Living and Memory Care Facility in the Town of Pittsford. Cleveland is facing 17 charges for allegedly stealing a total of 650 narcotic pills for personal use from eight  patients ranging in age from 66 to 98 years old.  Cleveland allegedly substituted non-narcotic medications, including allergy, diuretic, bi-polar, and blood pressure medications that were not prescribed for the patients in question.

“Families entrust nursing facilities with providing proper care to their loved ones, including administering appropriate medications, and our office will hold individuals accountable when they violate that trust,” said Attorney General Eric Schneiderman. “Our office will continue to protect everyday New Yorkers by ensuring that there is one set of rules for everyone, including those entrusted with caring for our most vulnerable citizens.”

Charges filed against Cleveland in Pittsford Town Court include one count of Scheme to Defraud in the First Degree (a class E Felony); eight counts of  Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree (a class E Felony), and eight counts of Petit Larceny (a class A Misdemeanor).  Class E felonies carry a maximum penalty of four years in prison, while class A misdemeanors carry a maximum penalty of one year in jail. Cleveland was arraigned last night and the case has been adjourned until August 21st.

The investigation was conducted by the New York State Attorney General’s Medicaid Fraud Control Unit, in conjunction with the New York State Department of Health’s Bureau of Narcotics Enforcement. In the case of one victim, identified in court documents as resident “A.G.,” Cleveland allegedly stole 230 Oxycodone pills from the victim’s narcotic packs and replaced those pills with similar-looking non-narcotic medications. 

The case was investigated by Investigator Debra Clementi, with assistance from Deputy Chief Investigator William Falk and Bureau of Narcotics Enforcement Investigator Kristine Wiant-Sherman.  The case is being prosecuted by Special Assistant Attorney Generals Jennifer Sommers.  Catherine Wagner is Director of the Rochester Regional Medicaid Fraud Control Unit Office and the Upstate Chief of Criminal Investigations.  The Medicaid Fraud Control Unit is led by Director Amy Held. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.

The charges against Ms. Cleveland are merely accusations and she is presumed innocent until proven guilty.  

NEW YORK – Attorney General Eric T. Schneiderman today announced that he obtained a court order halting sales of timeshare interests at the Manhattan Club, a luxury hotel in Midtown Manhattan. The order by a Manhattan Supreme Court Justice requires that the club’s principals, Ian Bruce Eichner, Leslie H. Eichner, and Stuart P. Eichner, testify in court about the club’s practices and produce documents to the Attorney General’s Real Estate Finance Bureau about allegedly fraudulent sales tactics. The order also bars the corporations through which the club and the developers act from draining bank accounts connected to the hotel during the investigation. The Manhattan Club is further barred from foreclosing on timeshare purchasers, who the Attorney General alleges were lured into investing with false promises.

The Attorney General’s investigation was spurred by complaints from people who paid tens of thousands of dollars to become Manhattan Club “owners” but have been unable to make reservations due to a claimed lack of available rooms by the hotel’s operators. At the same time, rooms in the Manhattan Club are being rented over the internet to the general public. About 14,000 people currently own timeshares in the hotel’s 286 suites.

“When sellers use high-pressure tactics to sell timeshares, consumers should be wary that they may not be getting what they were promised. We allege that the Manhattan Club, near New York City’s iconic Carnegie Hall, is a particularly stark example of such a bait-and-switch timeshare scheme,” Attorney General Schneiderman said. “We will use all the tools at our disposal to protect customers from unscrupulous scammers and predatory businesses and hold New York developers to the promises they make, whether orally, in their sales pitches or in their formal offering plans.”

The Manhattan Club’s website bills the 200 West 56th Street accommodation as a “unique” “residence-style boutique hotel” that blends “a vacation ownership retreat with a luxury suite hotel” and that offers “a hard-to-find haven in the midst of this active city.” The website appeals to people who “frequently visit New York City to enjoy Broadway theatre, fine dining and shopping, [and] classical performances.” 

In April and May, the Attorney General sent undercover investigators to record the Manhattan Club’s “Vacation Ownership Experience” sales presentation, held at the club. As alleged in court papers filed by the Attorney General’s office, investigators found evidence indicating that the Manhattan Club’s sales tactics amounted to a bait-and-switch scheme. Prospective purchasers were baited by a relentless sales pitch that includes a number of misleading promises, including that ownership in the Manhattan Club is “better than money in the bank.” Prospective buyers were also allegedly told that the club does not rent rooms to the general public, that reservations are easy to make, and that few restrictions apply to reservations by owners. 

The papers alleged that the switch comes after a purchase agreement is signed, when a new owner learns from an offering plan -- which was illegally withheld prior to the purchase -- about the difference between what they were promised in the sales presentation and what they actually bought.  For example, contrary to the club’s explicit promises, room availability to owners is limited by the renting of rooms to the general public. That means that all reservations are subject to availability and owners, in some cases, have not been able to use any of the time they purchased. Further, the owners’ annual common charges have jumped approximately 200% in the last ten years-- to about $2,000 per ownership interest per year. Some frustrated owners have sold their ownership interests back for a mere $1, just to escape the burdens of paying these charges. 

Issued pursuant to General Business Law section 354, a provision of New York’s Martin Act that confers broad powers on the Attorney General to investigate and halt fraud, the court order bars the Manhattan Club from selling timeshare interests, prevents them from withdrawing money from certain bank accounts, and stops them from foreclosing on Manhattan Club purchasers during the pendency of the investigation. The order also compels the Manhattan Club’s principals, Ian Bruce Eichner, Leslie H. Eichner, Stuart P. Eichner to testify about the club’s practices. 

Other respondents named in the order, agents and corporations involved in the club’s operations, are Scott L. Lager, T. Park Central LLC, O. Park Central LLC, Manhattan Club Marketing Group LLC, and New York Urban Ownership Management LLC. 

A copy of the court order can be viewed here.

For information about timeshare, home improvement and vacation scams and how to protect yourself, click here for the Attorney General’s brochure “Don’t Get Burned: Attorney General’s Guide To Protecting New Yorkers From Summer Scams.” 

Deputy Chief Investigator John McManus from the Attorney General’s office is the lead investigator assigned to this case. The Investigations Bureau is led by Chief Investigator Dominick Zarella. Sylvia Rivera, Karon Richardson, Louis Carter, Richard Friedman and John Serrapica, all of the Investigations Bureau, also assisted in the investigation. 

This case is being handled by Assistant Attorney General Serwat Farooq, Deputy Chief Andrew H. Meier, and Bureau Chief Erica F. Buckley, all of the Real Estate Finance Bureau, as well as Executive Deputy Attorney General for Economic Justice Karla G. Sanchez.  Law Interns Jessica Eng and Robert Volynsky also assisted in the investigation.

SYRACUSE – Attorney General Eric T. Schneiderman and Commissioner of Taxation and Finance Thomas H. Mattox today announced that John Tebbetts, the former owner and operator of Tebb’s Head Shops, located throughout Central New York, pleaded guilty to felony charges related to a five-year scheme to avoid paying New York sales and income tax. Tebbetts, the sole owner of head shops in Onondaga, Oneida, Herkimer, Madison, and Jefferson counties, admitted that he failed to remit sales tax collected between March 2007 and September 2012 on the sale of herbal incense, pipes, hookahs, body jewelry, dart supplies and other items sold in his stores. Tebbetts has already admitted to selling dangerous synthetic drugs, known as bath salts, at his stores. 

“Tebbetts jeopardized the health and well-being of Central New Yorkers by using his head shops to sell bath salts – synthetic drugs that have wreaked havoc on our communities in recent years – and added insult to injury by defrauding taxpayers in the process,” said Attorney General Schneiderman. “I am committed to continuing our tough, smart approach to crime, using every tool at our disposal to prevent dishonest individuals from skirting the law and threatening the safety of our communities.”

“Tebbetts brazenly pilfered sales tax monies from his customers, the State, and the local communities where his stores were located, even after the Tax Department revoked his authority to collect tax,” said Commissioner Mattox. “In so doing, he deprived those communities of sales tax revenues desperately needed to combat the public safety and health crisis he created with his sale of synthetic drugs.”  

Tebbetts, 34, of Rome, pleaded guilty in Onondaga County Court to charges of Grand Larceny in the Third Degree, a class D felony, for which he will be sentenced to 3 to 6 years in prison, and Criminal Tax Fraud in the Fourth Degree, a class E felony, for which he will be sentenced to 1 1/3 to 4 years in prison. As part of his plea, Tebbetts also agreed that he owes New York State in excess of $616,000 in unpaid sales tax and personal income tax. 

Sales tax money collected by businesses from their customers belongs to state and local governments, and businesses are responsible for ensuring that these funds are remitted to the State when due, typically on a quarterly basis.  The State then returns a portion of the funds to local governments to fund government operations.  

In August 2012, the Attorney General filed a lawsuit against Tebb's Head Shops for the sale of bath salts and synthetic drugs in violation of the state's labeling laws. In January 2013, a state Supreme Court justice ruled in OAG’s favor, permanently banning Tebb’s from selling any mislabeled, misbranded or unapproved drugs or intoxicants.

In December 2012, Tebbetts pleaded guilty in United States District Court, Northern District of New York, to numerous federal criminal charges, including possession with intent to distribute a controlled substance. On July 8, 2014, Tebbetts was sentenced to 87 months in federal prison on those charges. 

Tebbetts will be sentenced on today’s tax evasion counts on August 15 in Onondaga County Court. 

The tax evasion case was investigated by Associate Attorney Carla DiMarco and the Syracuse Criminal Investigations Division office of the New York State Department of Taxation and Finance. Investigators Joel Cordone and David Buske, Supervising Investigator Richard Doyle and Deputy Bureau Chief Tony Karam of the Office of the Attorney General also assisted in the investigation.

The case was prosecuted by Assistant Attorney General Nicholas J. DeMartino of the Criminal Enforcement and Financial Crimes Bureau. The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Gary Fishman, Deputy Bureau Chief Stephen Maher and Deputy Bureau Chief Stephanie Swenton. The Criminal Enforcement and Financial Crimes Bureau is part of the Criminal Justice Division, led by Executive Deputy Attorney General for Criminal Justice Kelly Donovan. 

NEW YORK – Attorney General Eric T. Schneiderman and New York State Superintendent of Financial Services Benjamin M. Lawsky today released the following statement on their agreement with Lyft. In the agreement entered into today, Lyft has agreed to operate in New York State in full compliance with existing laws and regulations. The company will launch in New York City with commercial drivers only and will operate in a manner that is consistent with existing laws and regulations. In addition, the company will suspend its current operations in Buffalo and Rochester by August 1, 2014, and has committed that it will work with the State so that any future business it undertakes in New York is in full compliance with the law.

"We are pleased that our offices have reached an agreement today with Lyft. We are firmly committed to the notion that regulators can work constructively with companies so that new ideas can come to the market -- and that smart regulation should create an environment where innovators can compete.  Lyft's launch in New York City -- in full compliance with laws and regulations -- is proof positive of this principle. We will continue to work with Lyft so that any future business it undertakes meets that standard and protects consumer safety. We look forward to exploring solutions that enable companies in the sharing economy to operate and thrive throughout New York State."

A copy of today's agreement can be viewed here.

ALBANY – Attorney General Eric T. Schneiderman, together with Joseph D’Amico, Superintendent of the New York State Police, and Benjamin M. Lawsky, Superintendent of the New York State Department of Financial Services, announced the sentencing of Robert Decker, 60, a contractor who stole thousands of dollars from homeowners by taking their money but failing to complete work on their homes.

“This case sends a clear message that contractors who defraud unsuspecting homeowners by failing to complete work or performing shoddy work will be held accountable,” said Attorney General Schneiderman. “There has to be one set of rules for everyone, and our office is committed to standing up for consumers against economic predators like unscrupulous home contractors.”

“The sentencing today of Robert Decker sends a strong message and a reminder that dishonest business practices will not be tolerated in New York State,” said Joseph D’Amico, Superintendent of the New York State Police. “The State Police will continue to work with Attorney General Schneiderman to protect homeowners from these types of criminals and to hold accountable those who mistakenly think they can get away with these schemes.”

From April 2011 through December 2013, Decker engaged in a scheme to defraud dozens of unsuspecting homeowners throughout the Capital Region and Mohawk Valley. Despite being permanently banned from working as a home improvement contractor in 2003, Decker represented himself and his company, A+ Rated Contracting, as being duly authorized and insured.  Based on his false representations, homeowners hired Decker to do home improvements.  However, after taking thousands of dollars in deposits from homeowners, Decker failed to complete the agreed-upon work or did no work at all, and then failed to refund the deposits.

In several instances, Decker took money, performed only demolition work and then walked away from the jobs, leaving homes exposed to the elements. Decker also filed a form with the Town of Clifton Park falsely claiming an exemption from workers’ compensation coverage and presented forged certificates of liability insurance to several homeowners.  

Yesterday, the Honorable Felix J. Catena  of the Montgomery County Court sentenced Decker to one to three years in prison. On April 17, 2014, Decker had pleaded guilty to Criminal Possession of a Forged Instrument in the Second Degree.

Today, the Honorable Jerry J. Scarano sentenced Decker in Saratoga County Court to prison terms of one to three years each for his crimes of Grand Larceny in the Third Degree and Offering a False Instrument for Filing in the First Degree, with each term to run consecutively to each other and to the prison sentence imposed in Montgomery County. Judge Scarano also sentenced Decker to 1 1/3  to four years in prison for the crime of Scheme to Defraud in the First Degree, with that sentence to run concurrently with the other prison sentences. Decker was also sentenced to one year in jail for  Petit Larceny, though that sentence will be fulfilled by serving his prison sentences. In addition to his jail sentences, Judge Scarano ordered a restitution hearing on October 9, 2014 to determine the amount that Decker must repay his victims. Decker, 60 years old, pleaded guilty in Saratoga County Court on May 5, 2014.

In 2003, following numerous complaints from homeowners, the Attorney General’s Office obtained a consent order that permanently enjoined Decker from operating as a home improvement contractor in the State of New York unless he filed  a $100,000 performance bond with the Attorney General. Decker has never filed such a bond but continued his business operations.

Attorney General Schneiderman thanks the New York State Police, the State Department of Financial Services, and local law enforcement agencies for their assistance with this investigation.

The case was prosecuted by Assistant Attorney General Nancy Snyder of the Criminal Enforcement and Financial Crimes Bureau of the Attorney General’s Office. The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Gary Fishman, Deputy Bureau Chief Stephanie Swenton, and Deputy Bureau Chief Stephen Maher. The Criminal Enforcement and Financial Crimes Bureau is part of the Criminal Justice Division, led by Executive Deputy Attorney General for Criminal Justice Kelly Donovan. The case was investigated by OAG Investigator Barbara Butler and Deputy Chief Investigator Anthony Karam. 

NEW YORK – Attorney General Eric T. Schneiderman issued the following statement in honor of the 24th anniversary of the passage of the Americans with Disabilities Act: 

“Twenty-four years ago today, President George H. W. Bush signed into law the Americans with Disabilities Act, which for the first time established wide-ranging civil rights protections for people with disabilities. It was a historic step toward fulfilling our national commitment to equal justice under law for all. The ADA has since proven to be a powerful tool for defending  the rights of people with disabilities, and its protections remain essential today. Too often, New Yorkers with disabilities encounter barriers to access at housing complexes, retail stores, hospitals and clinics, office buildings, theaters and stadiums, schools, universities, and at the ballot box. The ADA has proven crucial to dismantling these barriers, thereby protecting each person’s right to lead a full and independent life.  

“My office is deeply committed to fulfilling the ADA’s promise of one set of rules for everyone, regardless of ability, by dismantling barriers to access for individuals with disabilities across the state. We recognize that 24 years after enactment of the ADA, we still have important work to do to remedy ongoing discrimination against individuals with disabilities. My office will continue to vigorously enforce the ADA against businesses, landlords and other entities that fall short in eliminating barriers to accessibility. We will continue to be a resource for the advocates, affected individuals, and families who are seeking the equality of access and opportunity promised by the ADA.” 

The office’s ADA enforcement work is coordinated through the Attorney General’s Civil Rights Bureau, which is focused on comprehensive enforcement of the ADA. Recently, the Bureau announced agreements with Vornado Realty and Kimco Realty, two large landowners that operate shopping centers across the state. The agreements called for both landowners to address accessibility issues in the parking facilities and common areas of those shopping centers. Besides upgrading those facilities, Kimco will encourage its largest tenants to take steps to address accessibility issues inside their stores. Further information about these agreements is available here and here. 

The bureau also reached agreements with several theaters across New York City to address hearing accessibility and ticket sales access. Responding to complaints from advocacy groups, the office investigated the availability of assisted listening devices at several theaters in New York City. After finding that three theaters did not provide the appropriate auxiliary aids, the office secured agreements with those theaters to ensure that such aids will be available to patrons. In addition, the bureau has been working to ensure that theaters provide equal access to ticket sales for individuals with disabilities. Further information is available here and here.              

In addition to these recent agreements, the bureau continues to enforce the ADA against businesses that fail to accommodate service animals of individuals with disabilities. The bureau has also taken action against transportation service providers that do not provide access to vehicles, such as buses and taxi providers, in accordance with ADA regulations, and against municipalities that fail to ensure access to polling sites on Election Day. Information on some of these cases are available here, here and here. 

The bureau’s ADA enforcement work is being handled by Assistant Attorneys General Dariely Rodriguez, Ajay Saini, Mayur Saxena, Anjana Samant, and Sandra Pullman, and Civil Rights Bureau Chief Kristen Clarke. The Executive Deputy Attorney General for the Social Justice Division is Alvin Bragg. 

Attorney General Schneiderman is committed to protecting the disability rights of all New Yorkers. If you believe that you have experienced disability discrimination, contact the Civil Rights Bureau of the Attorney General’s Office at (212) 416-8250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.

NEW YORK – Attorney General Eric T. Schneiderman today announced that his office has won a State Supreme Court ruling holding a landowner and his contractor liable for illegally operating a landfill and discharging pollution into a New York City drinking water source that has historically provided water to 1 million New Yorkers daily.  Putnam County Supreme Court Justice Victor G. Grossman found that Gary Prato, the owner of an estate on the shores of the City’s Croton Falls Reservoir, and his contractor, Anthony Adinolfi (aka Dirtman), violated several state environmental laws in creating and operating the landfill on Prato’s property.   The ruling orders  Prato to conduct a full cleanup of the landfill. A hearing will be held August 15th to determine the specific cleanup activities to be required and the amount of any civil penalties.
“Clean drinking water is not only a necessity, it is a basic right,” said Attorney General Schneiderman.  “The defendants in this case thumbed their noses at the law and, as a result, they threatened a vital source of drinking water for  1 million people.  New York’s environmental protection laws apply to everyone, even those who are rich and powerful, and I will continue to fight to ensure that those who choose to ignore these laws are held fully accountable.”  
In 2009, Prato decided to add a pool house and garage to his 27-acre estate on Croton Falls Road in the Town of Carmel in Putnam County.  Prato arranged with Adinolfi and his company, Dirtman Enterprises, Inc., to provide material necessary to fill in and grade steeply sloped areas as part of the project.   For most of 2010, Adinolfi dumped more than 40,000 cubic acres of fill on the site under Prato’s direction.   Adinolfi provided the fill at no cost – saving Prato up to $560,000 – and did the grading for free.    
The fill dumped at the site consisted of construction and demolition debris containing waste materials, including coal ash and slag.   Sampling of the debris by defendants’ own consultants showed that it contained a variety of likely carcinogens called “polycyclic aromatic hydrocarbons” at levels exceeding State standards for protecting public health and the environment.   Some of the fill material eroded and was discharged into the Croton Falls Reservoir.   Although currently off-line awaiting the next year’s projected completion of a filtration plant under Van Cortlandt Park in the Bronx, the Croton Falls Reservoir is part of a drinking water system that historically provided 10% of the drinking water consumed daily in New York City.
Justice Grossman agreed with Attorney General Schneiderman and ruled that Prato and Adinolfi violated multiple state laws and underlying regulations through their activities at the site, including the constructing or operation of a solid waste management facility without obtaining a permit from the New York State Department of Environmental Conservation (DEC).   Solid waste management facilities are also subject to strict operational and closure requirements to avoid adverse impacts to public health and the environment.   Justice Grossman also ruled that discharges from the site into the Croton Falls Reservoir violated water pollution laws that require permitting and control of pollutants discharged into state waters.
The Attorney General’s Office thanks the DEC and the City of New York for its participation in this case.
In 2012, Attorney General Eric T. Schneiderman obtained a guilty plea in a criminal case brought against Adinolfi in Putnam County Supreme Court.  That case involved, in part, Adinolfi’s operation of an illegal solid waste management facility at the Prato property.  As a result, Adinolfi was sentenced to four months behind bars and five years of probation.  
This matter was handled by Assistant Attorney General and New York City Watershed Inspector General Philip Bein and Environmental Scientist Mauricio Roma, with support from Environmental Protection Bureau Chief Lemuel M. Srolovic, Executive Deputy Attorney General for Social Justice Alvin Bragg and First Deputy for Affirmative Litigation Janet Sabel.   DEC Regional Solid Waste Geologist Steven Parisio and Assistant Regional Counsel Carol Krebs, and 

WATERTOWN – Attorney General Eric T. Schneiderman, leading a partnership of the federal Consumer Financial Protection Bureau and 12 other states, today announced a global settlement with a military consumer lender commonly known as Rome Finance Company, based in California and Georgia. The settlement liquidates Rome Finance and its successor corporations, provides nearly $92 million in debt relief to over 17,800 affected United States servicemembers worldwide, marks all outstanding debt “paid in full” with consumer finance reporting agencies, and bans new business by the company and its principals. Servicemembers will keep all merchandise purchased, but debts associated therewith have been erased and judgments will be vacated on request, including approximately 5,400 judgments located to date. Over 550 New York State servicemembers, with a combined total of over $2.2 million in Rome Consumer debt, will benefit directly from this settlement and ancillary resolutions.

“The brave men and women of our military, who are already sacrificing so much, shouldn’t also have to worry about being exploited by predatory and abusive lenders,” Attorney General Eric T. Schneiderman said. “By holding Rome Finance accountable for these egregious acts, we are sending the message that those who prey upon our nation’s heroes will be held accountable.”

Rome Finance, which did business most recently as Colfax Capital Corporation and Culver Capital, LLC, financed consumer debts exclusively to servicemembers, typically for computers, gaming systems, and other goods and services from retailers online or at malls near military bases. Payments were extracted from the military member’s paycheck and were secured by access to a bank account. 

Attorney General Schneiderman and the other governmental representatives alleged multiple illegalities, including failing to accurately disclose finance charges and interest rates, knowingly or recklessly assisting in the practice of financing contracts with inflated prices of goods sold, failing to provide required periodic disclosures, violations of State and CFPA’s unfair, deceptive, or abusive acts and practices prohibitions by financing consumer loans and/or collecting on consumer loans, and violation of the Military Lending Act for excessive interest, onerous provisions, and for requiring allotment payment backed by access to a bank account.

Participating in this national effort with Attorney General Schneiderman were the federal Consumer Financial Protection Bureau, and the states Attorneys General of Colorado, Delaware, Florida, Georgia (participating through the Georgia Governor’s Office), Kentucky, Indiana, Iowa, Massachusetts, Michigan, North Carolina, Tennessee and Vermont.

Attorney General Schneiderman earlier permanently banned a related retailer, “SmartBuy” from peddling consumer goods and contracts to servicemembers in the state of New York in 2012. Earlier settlements in related litigation yielded $12.9 million in debt relief nationwide, bringing the combined amount of erased debt to well over $100 million as a result of the effort. 

Along with representatives from the Attorney General’s Consumer Protection Bureau, the New York investigation was conducted by Investigator Chad Shelmidine. 

The matter is being handled by Assistant Attorney General In Charge Deanna R. Nelson, in the Watertown Regional Office, together with Marty Mack, Executive Deputy Attorney General for Regional Offices.  

MASTIC --  Attorney General Eric T. Schneiderman, along with the U.S. Department of Agriculture Office of Inspector General, today announced a 25-count indictment against two Suffolk County convenience store owners/operators and one store employee, along with seven Supplemental Nutrition Assistance Program (SNAP, formerly known as the Food Stamp Program) recipients for illegally trading cash for hundreds of thousands of dollars in SNAP benefits. 

“It’s unconscionable that anyone would steal from a program designed to provide nutritional assistance to New Yorkers in need, especially those harmed by Hurricane Sandy,” said Attorney General Schneiderman. “There has to be one set of rules for everyone, and that is why my office will hold these individuals accountable and attempt to recover the nearly $1 million stolen from this crucial program.” 

Manjeet Chadha, 48, of North Bellmore and Sajjad Rashid, 43, of Rocky Point, co-owners and operators of Mastic Supermarket Corp. in Mastic, and Haricharan Malhotra, 41, of Mastic, an employee of the store, are charged with felony Grand Larceny, Misuse of Food Stamps, and Falsifying Business Records for orchestrating a scheme to steal nearly $1 million from the government program. The seven SNAP recipients also face significant Grand Larceny and Misuse charges. 

If convicted, Rashid and Malhotra each face up to 15 years in prison. Chadha faces up to 7 years behind bars.  Three of the seven recipients also face up to 7 years in prison, while the remaining four recipients, charged with lesser counts of felony Grand Larceny and Misuse, each face up to 4 years behind bars. 

“The Supplemental Nutrition Assistance Program was created to provide food and nutrition to those who truly need this assistance,” said USDA OIG Special Agent-in-Charge William G. Squires, Jr. “Those who are involved in fraud and abuse of SNAP and other USDA programs will be aggressively pursued by our office. Our joint investigation with the Attorney General’s Office and New York law enforcement partners has brought to justice several individuals who obtained approximately $1 million from the SNAP program through illegal schemes. The USDA Office of Inspector General will continue to dedicate resources and work with our state and local  law enforcement partners in order to protect the integrity of these programs and to prosecute those who commit fraud.” 

“This type of crime is particularly egregious because it takes advantage of a government program aimed at providing nutrition for our most needy recipients,” said Suffolk County Police Commissioner Edward Webber. “We will continue to work in conjunction with the U.S. Department of Agriculture to ensure that those who are fraudulently using SNAP will be brought to justice.” 

Suffolk County Executive Steven Bellone said, “SNAP is a vital social program for the most vulnerable families, children and the elderly,  in Suffolk County who are at risk of going hungry, and it must be protected from waste, fraud and abuse. I commend Attorney General Schneiderman for shutting down a scheme that drained resources from New Yorkers who truly need them.”

In addition to the criminal charges, Attorney General Schneiderman filed a civil suit Monday seeking restitution in an amount of $973,000 against Sajjad Rashid, Manjeet Chadha, Haricharan Malhotra and the corporation, Mastic Supermarket Corp., which was also criminally charged. 

In the wake of Hurricane Sandy, the USDA allocated an additional 50% in benefits to all SNAP recipients in affected areas, without regard to need. The seven recipients charged in the indictment received this Sandy benefit and illegally exchanged their SNAP benefits for cash at Mastic Supermarket Corp. shortly after the storm. 

SNAP recipients are issued a benefit card for purchasing specified food items. But, according to the indictment unsealed today, Rashid, Chadha and Malhotra processed phantom SNAP transactions in cooperation with the seven SNAP cardholders. Instead of using their SNAP benefits for food, the cardholders received cash equaling half of the amount of these fake purchases, and Rashid, Chadha and Malhotra kept the remainder of the money for themselves. 

The investigation revealed that in just the 10 months from March to December 2012, Mastic Supermarket Corp., rang up over $564,000 in SNAP benefits. That is significantly higher than redemptions in comparable stores located nearby, where the totals ranged from $14,000 to $24,000.  In fact, in November 2012, after all SNAP cardholders in Suffolk County received the emergency Hurricane Sandy SNAP award equal to 50% of their monthly benefit, SNAP redemptions at Mastic Supermarket Corp. exceeded $75,000. 

The individuals indicted today are: 

Sajjad Rashid, 43, Secretary Treasurer and Manager of Mastic Supermarket Corp., 1088 Mastic Road, Mastic, is charged with Grand Larceny in the Second Degree, a "C" Felony; Misuse of Food Stamps (over $50,000), a "C" Felony; and 2 counts of Falsifying Business Records in the First Degree, an "E" Felony. 

Haricharan Malhotra, 41, an employee of Mastic Supermarket Corp., 1088 Mastic Road, Mastic, is charged with Grand Larceny in the Second Degree, a "C" Felony; Misuse of Food Stamps (over $50,000), a "C" Felony; and 2 counts of Falsifying Business Records in the First Degree, an "E" Felony. 

Manjeet Chadha, 48, Vice President of Mastic Supermarket Corp., 1088 Mastic Road, Mastic, is charged with Grand Larceny in the Third Degree, a "D" Felony; Misuse of Food Stamps (over $3,000), a “D” Felony; and Falsifying Business Records in the First Degree, an "E" Felony. 

Mastic Supermarket Corp., the corporation located at 1088 Mastic Road, Mastic, is charged with 2 counts of Grand Larceny in the Second Degree, a "C" Felony; 2 counts of Misuse of Food Stamps (over $50,000), a “C” Felony; 4 counts of Grand Larceny in the Third Degree, a “D” Felony; 4 counts of Misuse of Food Stamps (over $3,000), a “D” Felony;  4 counts of Grand Larceny in the Fourth Degree, an "E" Felony; 4 counts of Misuse of Food Stamps (over $1,000), an “E” Felony; and 5 counts of Falsifying Business Records in the First Degree, an “E” Felony. 

Three of the SNAP cardholders, Romie Harris, 45, of Mastic; Kristine Hensley Austin, 25, of Mastic Beach, and Dawn Murphy, 33, of Mastic Beach are each charged with Grand Larceny in the Third Degree, a "D" Felony, and Misuse of Food Stamps (over $3,000), a "D" Felony.  

Four of the SNAP cardholders, Brittany Sardella, 26, of Hampton Bays; David Cantwell, 46, of Southhold; Carolyn Gray, 25, of Mastic, and Theresa Hubbard, 51, of Mastic Beach are each charged with Grand Larceny in the Fourth Degree, an "E" Felony, and Misuse of Food Stamps (over $1,000), an "E" Felony. 

The charges are accusations and the defendants are presumed innocent unless and until proven guilty. 

If see or know of waste, fraud or abuse in a social services program in New York State, please contact the Office of the Attorney General's helpline at (800) 771-7755.

Attorney General Schneiderman thanks the United States Department of Agriculture, Office of Inspector General, Northeast Region; United States Department of Agriculture, Food and Nutrition Service; the Suffolk County District Attorney's Office; the Suffolk County Department of Social Services; the Suffolk County Police Department, and the Nassau County Police Department for their assistance. 

The case is being handled by Assistant Attorneys General Tyler Reynolds and Rhonda Greenstein of the Criminal Enforcement and Financial Crimes Bureau. The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Gary T. Fishman. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan. The investigation was conducted by Legal Support Analyst Theo Davidson, Investigator Ryan Fannon, Supervising Investigator John Sullivan and Deputy Chief Investigator John McManus.  The Investigations Division is led by Chief Investigator Dominick Zarrella.

NEW YORK – Attorney General Eric T. Schneiderman today announced the guilty pleas of two individuals who were charged in connection with a cocaine pipeline allegedly operating between New York City and the Dutchess County town of Wappingers Falls. Profits from the ring were funneled to the Dominican Republic, according to a grand jury indictment unsealed on May 28. Michael Novick and Richard Bernal, both of Wappingers Falls, pleaded guilty today to drug charges, and both face prison time. The two men were arrested as part of an investigation known as “Operation Snowfall.” Three other defendants who were arrested in the operation had their cases adjourned until September 16.

“My office is committed to keeping New Yorkers safe by being both tough and smart on crime,” said Attorney General Schneiderman. “That’s why we conducted Operation Snowfall – to take down a massive criminal enterprise that trafficked large volumes of cocaine across New York State. And today, two of the individuals who endangered New Yorkers by polluting our communities with dangerous and illegal drugs are facing prison for their crimes.”

Michael Novick pled guilty before Dutchess County Court Judge Peter M. Forman to Criminal Possession of a Controlled Substance in the Second Degree (PL 220.18), and was promised 5 years’ imprisonment with 5 years of post-release supervision. He will be sentenced by Judge Forman on September 16, 2014. Novick will remain out on $100,000 bail until sentencing. Novick is a well-connected member of the Wappingers Falls community, where his sister sits on the village’s Board of Trustees and his brother is a police officer.

Richard Bernal pled guilty before Dutchess County Court Judge Peter M. Forman to Criminal Sale of a Controlled Substance in the Third Degree (PL 220.39) and was promised 2 years’ imprisonment with 2 years of post-release supervision. He will be sentenced by Judge Forman on September 16, 2014. Bernal remains held in lieu of $50,000 bail.

Three other individuals who were arrested in the case, Robert Garcia, Adalgisa Hernandez, and Francisco Garcia, all of New York City, had their cases adjourned  until September 16.

According to papers filed in Dutchess County Court on May 28, the drug ring was run by a husband-wife duo, Robert Garcia and Adalgisa Hernandez, from their Washington Heights apartment building at 111 Wadsworth Avenue, just two blocks from the George Washington Bridge. The couple also allegedly used rented apartments in a building around the corner, at 1365 St. Nicholas Avenue, to stash the cocaine, even using a trapdoor hidden within an apartment kitchen, and conduct in-person transactions using the apartment’s stairwells like an office.

As outlined in the indictment, wiretaps and leads from informants  revealed a surprisingly business-likebusinesslike operation: Hernandez took orders by phone, at least 100 per day, and sometimes more, from her Wadsworth Avenue apartment. The orders were then relayed to employees at the St. Nicholas Ave. building, where the ringleaders maintained a storage facility on the 12th floor and a weighing/packaging operation on the fifth5th floor, and where a revolving door of customers picked up their purchases.

Evidence obtained during the investigation indicated that the Washington Heights-based ring transported their profits to the Dominican Republic.

The investigation was conducted by OCTF Investigators Edwin Margenat and Brad Farrell, Supervising Investigator Artie Schwartz and Deputy Chief Christopher Vasta. The case is being prosecuted by Assistant Deputy Attorney General Jonathan Sennett, Deputy Attorney General Peri Alyse Kadanoff and Executive Deputy Attorney General for Criminal Prosecutions Kelly Donovan.

The charges against the remaining defendants in the case are accusations, and those defendants are presumed innocent until and unless proven guilty in a court of law.

TROY – Attorney General Eric T. Schneiderman today announced the arrest of Troy Police Officer Brian Gross for purposefully revealing to at least one suspect that law-enforcement agencies conducting a joint investigation into a Capitol region drug ring planned to execute search warrants, according to a felony complaint. Officer Gross is charged with Tampering with Physical Evidence, a felony, as well as two counts of Official Misconduct and one count of Obstructing Governmental Administration. Officer Gross is scheduled to appear in Troy city court on Wednesday.

“Revealing confidential information threatens the safety of law-enforcement agents and jeopardizes criminal investigations,” said Attorney General Schneiderman. “It’s particularly troubling to see an officer accused of abusing his position while violating the very laws that he’s sworn to protect.”

"The actions of this officer not only interfered with highly sensitive intelligence gathering on drug activity, it put the lives of our law enforcement officers in jeopardy," Police Superintendant D’Amico said. "The success of these types of narcotics investigations could not be achieved without the hard work and dedication of our members working closely with our partners in law enforcement. It is unfortunate that this officer chose to breach that trust, abuse his authority and undermine a criminal investigation."

Since 2013, the NYSP’s Community Narcotics Enforcement Team (CNET) had been investigating a specific criminal narcotics ring in Rensselear County. Officer Gross was assigned to assist CNET with the operation and thus had knowledge of and access to investigative intelligence, suspect information and details concerning the timing and location of search warrants. 

Investigators became suspicious when, upon executing search warrants in February at five locations where extensive evidence of drug activity had already been observed, there was no discernible evidence of the drug enterprise. One of the residences searched was that of a suspect identified in the criminal complaint as “Person #2.” This person subsequently informed NYSP investigators that he’d been told by “Person #1” of CNET’s investigation into “Person #2” for drug trafficking and that a search warrant would be executed in the next few days. According to the complaint, “Person #1” admitted receiving this information directly from Officer Gross, who arranged in-person meetings via text message. 

Further investigation by the Attorney General’s Office revealed that Officer Gross allegedly warned that “Person #2” had better “watch [his] back” because he had come to the attention of the State Police. According to the felony complaint filed today, in the week prior to the execution of search warrants, Officer Gross again warned that there better not be any drugs inside the home of “Person #2” because “there was a good chance the police would be getting a warrant.” In interviews with investigators, “Person #1” acknowledged warning “Person #2” to remove any drugs from his residence, based on the information from Officer Gross.

The arrest is the result of a 5-month long joint investigation between the Attorney General’s Office and the New York State Police. 

Attorney General Schneiderman has aggressively prosecuted public corruption since taking office. He has prosecuted 40 politicians, government employees and nonprofit officials in less than four years in office.

Prosecuting the case is Assistant Attorney General Bridget Holohan-Scally of the Attorney General’s Public Integrity Bureau, which is led by Deputy Bureau Chief Stacy Aronowitz, Bureau Chief Daniel Cort and Executive Deputy Attorney General for Criminal Justice Kelly Donovan. The investigation was handled by Deputy Chief Antoine Karam and Investigator Dennis Churns of the Attorney General's Investigations Bureau, which is led by Chief Dominick Zarrella.

SCHENECTADY -- Attorney General Eric T. Schneiderman today announced the arrest and indictment of Jacqueline Gentile,  chief operating officer of 820 River Street, Inc. and The Altamont Program Inc., which are subsidiaries of the Peter Young Housing, Industries and Treatment (PYHIT). The indictment, which was voted by a Schenectady County grand jury earlier this week, charges Gentile with 15 felony counts, including Grand Larceny, for allegedly stealing over $1 million in state funds by directing that state contracts intended to help needy New Yorkers instead be used to alleviate organizational deficits and pay employee salaries. Gentile also falsified business records by completing false timesheets for former New York State Senator William F. Boyland, Sr., who was purportedly a full-time employee but, according to documents filed in court, had what amounted to a no-show job. 

“This indictment sends the message that there has to be one set of rules for everyone and that those who use a charity to rip off New Yorkers will be prosecuted,” said Attorney General Schneiderman. “New York has the greatest nonprofit sector in the country, and this case reminds us that we must vigilantly protect it. I am committed to using every tool at my disposal to prevent people from abusing the public trust and cheating charities out of the funds they need to perform vital services.”

PYHIT is an umbrella organization operating through five nonprofit subsidiaries in New York:  820 River Street, Inc.; The Altamont Program, Inc.; VESTA Community Housing Development Board, Inc.; Peter Young Shelter Services, Inc., and The Father Peter G. Young, Jr. Foundation, Inc. The Attorney General’s Office has been investigating PYHIT for more than a year and that investigation is still active and ongoing  Gentile is the fifth high-ranking PYHIT employee to be charged with felonies in connection with that investigation. According to documents filed in court, several witnesses have described to investigators a “culture of corruption” within PYHIT.  Gentile has held a leadership role with PYHIT for over a decade.

Four other current or former PYHIT employees have already pleaded guilty to crimes including Grand Larceny and Falsifying Business Records. Most notably, Dennis Bassat and Dawn LaCarte, formerly the COO and executive director of 820 River Street, Inc,, respectively, admitted stealing approximately $200,000 from the company. 

According to court papers filed today, the investigation revealed that from 2005 to 2009, The Altamont Program, Inc. received approximately $1.5 million in state funds that were sponsored by former New York State Assemblyman William Boyland, Jr.  During this time, five contract proposals for approximately $300,000 each were submitted by Altamont and approved by the State. The stated purpose of each proposal, as well as the accompanying vouchers and fiscal reports, was to support substance abuse or training programs based in Brooklyn.

However, according to today’s indictment and other court papers, the majority of grant funds  were not allocated to those programs.  Rather than using the state monies for the intended contract purposes, the defendant is alleged to have directed or permitted the funds to be used to alleviate organizational deficits and to pay employees’ salaries, including her own. Several witnesses have provided statements to the Attorney General’s Office and FBI supporting these charges. Numerous business records and government documents further support the charges. The Attorney General’s investigation also indicated that, since at least 2006, the company’s financial picture was in continuous decline.  

Additionally, from approximately August 2009 through January 2010, Gentile allegedly completed false 820 River Street, Inc. timesheets for William Frank Boyland, Sr., the father of former New York State Assemblyman William Boyland, Jr. While employment records of 820 River Street Inc., listed Boyland Sr. as a full-time employee, the investigation revealed that he did not work the hours claimed and Gentile allegedly knew the records she filed were false. Government funding accounted for over 90 percent of 820 River Street, Inc.’s revenue and paid for approximately 90 percent of Boyland Sr.’s $50,000 salary.

The indictment, which was unsealed today in Schenectady County Court, charges Gentile with one count of Grand Larceny in the First Degree; two counts of Offering a False Instrument for Filing in the First Degree, and 12 counts of Falsifying Business Records in the First Degree. The top count of the indictment carries a maximum sentence of 8 1/3 to 25 years in state prison.  

The Attorney General thanks Special Agents Timothy Coll and Michelle Pherson of the FBI’s Albany office and auditors John Rybaltowski, Richard Cicero, James Newell and Michael Kester of the NYS Justice Center for the Protection of People with Special Needs for their invaluable cooperation and assistance in this investigation.  

Prosecuting the case are Assistant Attorneys General Darren Miller, Colleen Glavin and YuJin Hong of the Attorney General’s Public Integrity Bureau, which is led by Chief Daniel Cort, Deputy Bureau Chief Stacy Aronowitz, and Executive Deputy Attorney General for Criminal Justice Kelly Donovan. The investigation was handled by Mark Spencer and Antoine Karam of the Attorney General's Investigations Bureau, which is led by Chief Dominick Zarrella, with assistance provided by forensic auditor Jason Blair. 

The charges are merely accusations and all defendants are presumed innocent unless and until proven guilty in a court of law.

Anyone with additional information on this matter is asked to call the Attorney General’s Office at 518-474-8686.

NEW YORK - Attorney General Eric T. Schneiderman today announced that New York State and the federal government have entered into a $600,000 settlement agreement with Brooklyn Plaza Medical Center to resolve allegations that the diagnostic and treatment center ran a satellite facility, the Whitman Ingersoll Farragut Health Center, without an operating certificate. The settlement also resolves allegations that Brooklyn Plaza Medical Center disguised the satellite facility’s Medicaid billings to make them appear as if the services were rendered at the Brooklyn Plaza Medical Center, not the satellite center. Those fraudulent billings caused the Medicaid program to offer inflated reimbursements for services rendered. The settlement money will go to reimburse the State of New York and the federal government for their contributions to the New York State Medicaid Program.

“My office will find those who skirt safeguards built into our healthcare system, including for key programs that provide critical services to our neediest neighbors. Stopping the abuse and misuse of Medicaid and taxpayer dollars is a priority for my office,” Attorney General Schneiderman said. “We will enforce New York laws against fraud to help ensure that all New Yorkers, including the sick among us, are protected.”

The agreement resolves allegations that Brooklyn Plaza Medical Center, in violation of New York State and federal false claims acts, submitted thousands of fraudulent claims for services rendered at the Whitman Ingersoll Farragut Health Center to the New York Medicaid program from January 1, 2001, through January 9, 2013.  The claims were false because they were filed as if they had been rendered at Brooklyn Plaza Medical Center and were billed at the higher rate provided to BPMC, which the uncertified Whitman Ingersoll Farragut Health Center was not entitled to receive.

As outlined in the settlement papers, Brooklyn Plaza Medical Center operated the Whitman Ingersoll Farragut Health Center as if it were a fully certified satellite office, despite the fact that Brooklyn Plaza Medical Center never obtained an operating certificate for the satellite facility. Without an operating certificate issued by the New York State Department of Health, the Whitman Ingersoll Farragut Health Center could not bill Medicaid at the rate that had been negotiated between Brooklyn Plaza Medical Center and the State of New York.  

Brooklyn Plaza Medical Center provides family medicine services to an underserved population and operates two satellite facilities. One of them is the Whitman Ingersoll Farragut Health Center, located at 297 Myrtle Avenue, which provides primary care services to people living in local housing developments.

The settlement is based on a whistleblower lawsuit brought in 2010 pursuant to the New York State and federal false claims acts and filed in the Eastern District of New York. Attorney General Schneiderman thanks the whistleblower and the U.S. Attorney’s Office of the Eastern District of New York for their assistance and cooperation throughout this investigation.   

The investigation was conducted by Special Auditor Investigator Deowattie Persaud.   

The case was handled by Special Assistant Attorney General Jacob Bergman of the Medicaid Fraud Control Unit. The unit is led by Acting Director Amy Held. The Criminal Justice Division is led by Executive Deputy Attorney General Kelly Donovan.

BUFFALO – Attorney General Eric T. Schneiderman and the New York State Police, the Jamestown Police Department, the Department of Homeland Security and the U.S. Border Patrol today announced that narcotics possession and sale, conspiracy to distribute and other charges have been filed against 47 individuals accused of taking part in a drug distribution network that funneled heroin from Philadelphia and New York City to Jamestown.

As part of a multi-agency investigation code-named Operation Horseback, state, federal and local law enforcement agents led by Attorney General Schneiderman’s Organized Crime Task Force (OCTF), New York State Police’s CNET and the Jamestown Police Department conducted a year-long investigation that included undercover operations, hundreds of hours of covert surveillance, and wiretaps. The investigation led to the seizure of more than 3,000 baggies of heroin with an estimated street value of $60,000, all for distribution in Jamestown. 

“Today’s arrests are another step in our tough, continued battle against illegal drugs that have flooded our streets and ruined so many lives,” said Attorney General Schneiderman. “As we have alleged, these traffickers not only wreaked havoc on local neighborhoods—they even sold to prison inmates and rehab patients who should be benefitting from treatment, not caving to the temptations of their addiction. We will keep fighting to put drug traffickers behind bars, clean up our streets, and keep our communities safe.”

Since 2011, the attorney general’s office has broken up 17 major drugs rings, recovered $1.3 million from drug dealers, confiscated 79 kilos of cocaine, more than 500 grams of crack, more than 2,500 grams of heroin, and made 345 felony arrests of drug dealers and kingpins  statewide.

According to the indictment, members of the narcotics distribution organization would transport the heroin to Jamestown from New York City in a canister located underneath a 1999 Chevy Astro Van. Wiretaps caught the defendants discussing their drug transactions in a cryptic and coded manner in the hope of avoiding detection by law enforcement. Neftali Cintron, known as Pucho, and his son-in-law Luis DeJesus, known as Papito, would allegedly travel to Philadelphia to obtain heroin, which their minions distributed for them in Jamestown. When they did not like the quality of the narcotics from that source, they would obtain drugs from other dealers in the area. 

One of those distributors, Luis Lozada-Berberena, known as Wiso, allegedly operated his heroin business during regular business hours – sometimes telling customers he was “closed for the day” – and had a number of regular customers who would line up to meet and follow him to out-of-the-way locations to make a deal. He allegedly got his heroin from Carlos Encarnacion, who regularly drove to New York City and returned with heroin hidden in the specially outfitted Astro Van. Wiso also purchased suboxone strips from one heroin customer and sold them to another heroin customer, Leslie Rodriguez. She then allegedly smuggled them into Gowanda Correctional Facility in Erie County where her boyfriend was incarcerated there. He then allegedly sold the suboxone, making over $300 per strip.

Defendant Edwin Velasquez allegedly sold to individuals in his drug rehabilitation group. Carlos Echiaverria, known as Boobie, was a dealer who obtained heroin from all of the above sources, and sold cocaine and firearms during the course of this investigation as detailed in the indictment. Boobie enlisted his father-in-law to travel to Buffalo on a bus to bring heroin from New York City for sale in Jamestown. 

“This was a significant drug operation that distributed thousands of bags of heroin onto the streets of Jamestown and neighboring communities,” said New York State Police Superintendent Joseph D’Amico.“The demand for this powerful, dangerous and often deadly drug was incredibly high. This speaks volumes as to how widespread the abuse of heroin has become. It is through the combined efforts of federal, state and local law enforcement that has once again resulted in preventing a significant amount of heroin from getting into our neighborhoods. Today’s events send a strong message to dealers throughout the region that we will not tolerate drugs being brought into our communities.”

The 159-count indictment unsealed in Chautauqua County Court today charges 47 people with crimes including Criminal Possession of a Controlled Substance in the Second Degree and Conspiracy (class A and B felonies), and various counts of Criminal Sale and Criminal Possession of a Controlled Substance (class B felonies).

The indictment is the culmination of a major investigation that is part of Attorney General Schneiderman’s initiative combating large-scale narcotics trafficking and related crimes across the state. While criminal enforcement actions like this are essential to choking off the supply of heroin to our communities, it is also important to combat the epidemic on the treatment side as well. Recently, Attorney General Schneiderman launched the Community Overdose Prevention (COP) Program, which provides funding for every law-enforcement agency in New York to equip its officers with naloxone, a life-saving heroin antidote.

Charged in the Chautauqua County indictment are:

Alberto Alicea; age 54, Brooklyn, NY
Neftali Benitez, a/k/a “Tego”; age 33, Jamestown, NY
Bryan Bobe; age 25, Jamestown, NY
Charles Brown, a/k/a “Choco Loco”; age 42, Falconer, NY 
Stephen Bush; age 33, Jamestown, NY
Hector Cameron, a/k/a “Loco”; age 31, Jamestown, NY
Javier Carasquillo, a/k/a “Oreja”; age 43, Jamestown, NY
Neftali Cintron, a/k/a “Pucho”; age 51, Jamestown, NY
Hector Colon Rodriguez , a/k/a “Chino”; age 40, Jamestown, NY
Ivan DeJesus Pena; age 45, Jamestown, NY
Luis DeJesus, a/k/a “Papito”; age 29, Jamestown, NY
Alfredo Diaz, a/k/a “Ding Dong”; age 51, Jamestown, NY 
Samantha DiLallo; age 26, Randolph, NY
Carlos Echiaverria, a/k/a “Boobie”; age 31, Jamestown, NY
Carlos Encarnacion; age 59, Jamestown, NY
Roberto Figueredo, a/k/a “Bost”; age 25
Joseph Fontanez; age 24, Jamestown, NY
Christopher Freeney; age 43, Jamestown, NY
Luis Garcia, a/k/a “Wichie”; age 42, Jamestown, NY
Rolando Garcia; age 50, Jamestown, NY
John Grilla; age 28, Jamestown, NY
Jose Guevara, a/k/a “Pun”; age 29, Jamestown, NY
Angelita Guzman, a/k/a “Michelle”; age 28, Jamestown, NY
Francisco Guzman Gonzalez; age 46, Jamestown, NY 
Michael Lisciandro, a/k/a “Dougie”; age 23, Jamestown, NY
Moises Lopez-Encarnacion, a/k/a “Junito”; age 22, Mayville, NY
Luis Lozada Berberena, a/k/a “Wiso”; age 40, Jamestown, NY
Eric M. Lundsten; age 29, Ellington, NY
Roberto Morales-Sanchez, a/k/a “Pichulin”; age 45, Jamestown, NY
Jean Noriega, a/k/a “John”; age 43
Frank Orazio; age 24, Cassadaga, NY
LaShawn Paige; age 42, Binghamton, NY
Doris Ramos; age 25, Jamestown, NY
Ricardo Ramos; age 27, Jamestown, NY
Jonathan Ribbing; age 27, Lakewood, NY
Eddie Robles, a/k/a “Nelson”; age 49, Jamestown, NY
Leslie Rodriguez; age 28, Jamestown, NY
Randall Rolison; age 51, Jamestown, NY
Olga Santiago; age 49, Jamestown, NY
Jesus Javier Suarez; age 44, Jamestown, NY
Enrique Torres-Baez, a/k/a “Quique”; age 43, Jamestown, NY
James Torres, a/k/a “BK”; age 42, Jamestown, NY
Damaris Urena; age 35, Jamestown, NY
Francis Vega, a/k/a “Pollo”; age 37
Edwin Velasquez; age 53, Falconer, NY
Joshua Van Ord; age 20, Lakewood, NY and
Walter Westerdahl age 33, Jamestown, NY

The investigation was conducted by OCTF Investigator Pedro Pabon, Supervising Investigator Peter J. Talty, and Deputy Chief Eugene Black, and New York State Police Investigator Daniel Burns, Senior Investigator Charles Torres, and Lt. Martin Mckee, as well as Jamestown Police Detective Stephen Promber and Lt. Paul Abbott, and Homeland Security S.A. Justin Burnham and Supervisory Agent Kevin Ryan.

The case is being prosecuted by OCTF Assistant Deputy Attorney General Patricia I. Carrington, Deputy Attorney General Peri Alyse Kadanoff and Executive Deputy Attorney General for Criminal Prosecutions Kelly Donovan. 

The charges against the defendants are accusations and the defendants are presumed innocent until and unless proven guilty in a court of law.

NEW YORK -- Attorney General Eric T. Schneiderman and New York State Department of Environmental Conservation (DEC) Commissioner Joseph Martens today announced an agreement with New York City that will direct $960,000 to improving water quality in the upper East River and Long Island Sound.   The City’s funding is in partial resolution of penalties assessed against it by the State for falling behind schedule in upgrading nitrogen pollution controls at its Tallman Island wastewater treatment plant in Queens. The schedule is included in a legal agreement between the State and City that requires the City to upgrade nitrogen controls at eight of its 14 wastewater treatment plants.  

“New Yorkers place a tremendous value on clean water,” said Attorney General Schneiderman. “Through this agreement, we are working with New York City to continue to reduce pollution discharges and to improve the health of the East River and Long Island Sound.  By committing to these investments today, we are enriching the public’s use and enjoyment of these waters for generations to come.”   

“The upgrade of the Tallman Island wastewater treatment plant, along with the other three City wastewater treatment plants that discharge to the Upper East River, represents the single largest investment to reduce nitrogen in the Long Island Sound,” DEC Commissioner Joe Martens said. “This upgrade, along with the upgrade of the City’s Hunts Point, Wards Island and Bowery Bay wastewater treatment plants, concludes the first Phase of the nitrogen removal required under the judgment.  DEC is pleased to report that the City’s treatment plants are already meeting the next step-down nitrogen limit that takes effect on August 1, 2014.  The judgment also requires the completion of the second Phase nitrogen removal projects by July 1, 2016 which will ensure that the final total maximum daily load limits by January 1, 2017.”

According to the agreement announced today, the City will spend no less than $960,000 on one or more environmental benefit projects to improve water quality in and around the upper East River and Long Island Sound. Although the court-ordered agreement does not specify particular projects, the State and City have agreed in principle that the City will use the money to restore an area of tidal wetland in Alley Pond Park in Queens, which is near the Tallman Island plant. Saltwater wetlands absorb nitrogen, while providing habitat, recreational opportunities and other environmental benefits. 

In 2006, the DEC and New York City Department of Environmental Protection entered into a court-ordered agreement – known as the Nitrogen Consent Judgment – for reducing the discharge of nitrogen pollution from City’s four upper East River wastewater treatment plants and plants located on Jamaica Bay. Excessive nitrogen in discharges can cause algae blooms that deplete oxygen in receiving waters, harming fish and other aquatic life. The Nitrogen Consent Judgment requires the City to upgrade its upper East River wastewater treatment plants with improved technologies to remove nitrogen, in accordance with a schedule that includes specified milestones.   

Today’s agreement modifies the Nitrogen Consent Judgment, as amended in 2011, with regard to its schedule for upgrading the Tallman Island wastewater treatment plant with improved nitrogen removal technologies. The City fell behind on meeting its construction completion milestone at the Tallman Island plant, subjecting it to penalties. To resolve the issue, the State agreed – with the court’s approval – to grant the City’s request to move the deadline for completing this project from January 31, 2014, to July 31, 2014 (the City met this deadline).    

In exchange for the schedule modification, the City agreed to pay $1,200,000 for missing the deadline, consisting of a penalty of $240,000 to be placed in the State’s Marine Resources Account to support New York’s coast fisheries, as well as the $960,000 to fund environmental improvement projects in the upper East River and Long Island Sound.

This matter was handled for Attorney General Schneiderman by Assistant Attorney General Andrew Gershon of the Environmental Protection Bureau. The Environmental Protection Bureau is led by Bureau Chief Lemuel M. Srolovic. The Environmental Protection Bureau is part of the Division of Social Justice led by Executive Deputy Attorney General for Social Justice Alvin Bragg. First Deputy for Affirmative Litigation Janet Sabel also helped lead this case. 

The DEC Counsels Scott Crisafulli and Mary Wojcik also assisted in the matter.

ROCHESTER – Attorney General Eric T. Schneiderman today announced that his office filed legal action in Monroe County Supreme Court seeking a permanent injunction against a Rochester-based home improvement contractor who sold and contracted to install granite and marble countertops and tile to consumers throughout Western and Central New York. Ismail Cakir, president of Metropolitan Granite & Marble LLC, is alleged to have repeatedly and persistently defrauded consumers in Buffalo, Rochester and Syracuse by receiving full or partial payments for home improvement projects and either failing to perform the work or performing shoddy and unprofessional work.  

“Making home improvements is often a costly and stressful experience for many New Yorkers trying to invest in their homes,” said Attorney General Schneiderman. “Unscrupulous contractors who take advantage of working families by performing shoddy work or failing to perform work at all will be held accountable.”

The Attorney General’s Office began receiving complaints about Metropolitan and Cakir in 2010. Initially, the Attorney General’s Office attempted to mediate the complaints. Numerous customers were promised refunds that never arrived, and at least 13 complainants sought and received small claims judgments against Metropolitan. Other complainants were informed that Metropolitan Granite & Marble, Inc. had been dissolved in 2011 and was no longer in business. While the company was dissolved for failure to pay state sales taxes, Cakir registered his business under another name, Metropolitan Granite & Marble, LLC, and resumed operations without paying promised refunds. 

Of the 13 consumers who sought and were awarded relief in Small Claims Courts in Rochester and Syracuse, none received payment from Cakir. Failure to pay a small claims judgment is a violation of Article 18 of the Uniform City Court Act.

The Attorney General is seeking a permanent injunction against Cakir that will bar him from ever operating a home improvement business in New York, as well as $10,641 in restitution for defrauded consumers, $32,200 in unpaid small claims judgments for consumers, and $117,000 in costs and penalties. If the Court grants the injunction, Metropolitan and Cakir will be stopped from defrauding consumers through the home improvement business in New York.

When planning to use a home improvement contractor, consumers should consider the following tips:

• Never agree to have work done on the spot, especially when potential contractors are marketing door to door
• Determine exactly what you want done, then look for a qualified contractor 
• Shop around and get at least three estimates from reputable contractors that include specific information about the materials and services to be provided 
• Ask for references: Check with the Better Business Bureau, banks, suppliers, and neighbors 
• Always contact any references provided to you 
• Insist on a written contract that includes the price and description of the work to be done 
• Do not pay unreasonable advance sums; negotiate a payment schedule tied to the completion of specific stages of the job 
• Never pay the full price up front 
• Remember that you have three days to cancel after signing a home improvement contract, but all cancellations must be in writing 

Additional information on how to avoid fraudulent home improvement contractors can be found on the Attorney General’s Website.

Consumers who believe they may have been defrauded by or have unresolved disputes with a home improvement contractor are urged to call the Attorney General’s Consumer Help Line at (800) 771-7755.The case is being handled by Assistant Attorney General Benjamin Bruce and Volunteer Assistant Attorney General Shannon O. Pozzuolo. The investigation is being handed by Senior Investigator Christopher Holland with the assistance of Senior Consumer Frauds Representative Emily Brightman.

The case and investigation are being managed by the Rochester Regional Office, which is led by Assistant Attorney General-in-Charge Debra Martin.  The Rochester Regional Office is a part of the Division of Regional Offices, led by Executive Deputy Attorney General for Regional Offices Marty Mack.

Op-Ed published in the Home Reporter and the Brooklyn Spectator

By Eric T. Schneiderman

As attorney general, I am New York’s chief law enforcement officer. It is my job to prosecute major frauds, like the wrongdoing by big banks that caused the mortgage crisis and the Great Recession. But it is also my job to pursue local businesses that defraud hardworking New Yorkers.

In the last three years, I have investigated many companies for engaging in deceptive and fraudulent business practices, stopping their predatory behavior, punishing the perpetrators and getting victims their money back.

One egregious case occurred during Hurricane Sandy.  Thousands of New Yorkers, including many in Brooklyn, had to flee their homes, and hotel rooms were scarce.

My office warned against price-gouging in this time of emergency – yet, the operators of the Holiday Inn Express on Butler Street in Park Slope charged $400 to $519 a night for rooms that ordinarily cost an average of $155.

We settled with the hotel  and obtained refunds for 38 guests who had been overcharged.

In another case, we settled with the owner of the ReBar restaurant in DUMBO, who took $1.8 million in payment for wedding-related events from approximately 150 couples – including residents of Dyker Heights and Park Slope – then abruptly shut his doors.

Acting on complaints from victims, we sought restitution – and last month, a judge granted our request for a judgment against owner Jason Stevens for more than $1 million.

So far, 73 customers are eligible for restitution under the settlement, and there’s still time to file a complaint with my office. If you booked an event at ReBar, you have until Oct. 31 to contact my Consumer Helpline at the number below.

My office is most effective when you help us help you. If you know of a business that is ripping off the public, call us at 800-771-7755.

I am proud to be your partner in seeking justice for the people of New York, and I look forward to doing so as your attorney general for a long time to come.

NEWBURGH – Attorney General Eric Schneiderman joined with elected officials and staff from the Newburgh Community Land Bank (NCLB) to announce a new, competitive round of funding for New York State land banks that are working to rebuild and restore neighborhoods hit hard by the housing crisis. The event also highlighted the release of the Lander Street Community Revitalization plan, an ambitious redevelopment effort that the NCLB is undertaking to rehabilitate a highly distressed row of vacant and abandoned homes along Lander Street in the City of Newburgh.

The Attorney General’s Land Bank Community Revitalization Initiative is making a new allocation of up to $20 million to eligible land banks in addition to the $13 million allocated through a competitive application process last year, bringing the total to $33 million. Funding for this new round will be drawn from the $25 billion settlement with the nation’s largest banks that the Attorney General helped negotiate in 2012.

“Land banks are a critical tool for helping communities plagued by vacant and abandoned properties recover from the housing crisis,” said Attorney General Schneiderman. “With this new round of funding, even more communities will reap the benefits of this powerful tool for urban revitalization. By funding and expanding land banks, we are empowering local communities to rebuild their own neighborhoods, house by house, block by block.” 

During the decade of the housing boom and bust from 2000 to 2010, the number of vacant properties in New York State increased 27%. Following the collapse of the housing market, the New York State Legislature passed a law in 2011 establishing land banks — nonprofit organizations that can acquire vacant, abandoned, or foreclosed properties and rebuild, demolish, or redesign them. By restoring vacant or abandoned properties, land banks lower costs for local governments, benefit public schools, reduce crime and boost local economies. 

However, the legislation that authorized land banks in New York did not provide funding for them. Attorney General Schneiderman launched the Land Bank Community Revitalization Initiative to fill that gap and allow land banks to fulfill their purpose. He has dedicated $33 million to fund that initiative. Last month, the Attorney General’s bill to expand the number of land banks from 10 to 20 was passed by the Legislature and signed into law by the Governor. 

The Newburgh Community Land Bank received $2.4 million in the last funding round and has used those funds to acquire a number of highly distressed parcels along Lander Street. The redevelopment will have a mix of uses, including green space, affordable rental and single-family housing, and the land bank is utilizing innovative technologies that will advance sustainable and green building options for residential development. 

“When I travel to our office on Grand Street in Newburgh, I see too many abandoned properties, but I also see hope for our community,” said Rep. Sean Patrick Maloney. “The Newburgh Community Land Bank is revitalizing our neighborhoods, building by building, in order to increase property values, reduce tax burdens and boost the local economy. I applaud Attorney General Schneiderman for his investment in communities like Newburgh.” 

Newburgh Mayor Judy Kennedysaid, "Newburgh is proud to partner with AG Schneiderman to create a stronger, healthier community. Through the NCLB, the City of Newburgh is demonstrating a successful partnership between municipalities and non-profits and the possibility of what can be developed if we work collaboratively towards a common goal."

“One of the biggest challenges that faces Newburgh are its abandoned homes and buildings,” said Assemblyman Frank Skartados.  “Here in Newburgh, the creative solution is the land bank, which fosters new and active ownership. The impact is a reduction of crime, a renewed economy and a sense of pride in the neighborhood. Today, that goal will be made more attainable by the efforts and additional funds provided by Attorney General Schneiderman.” 

Currently, there are nine land banks in New York State that will be eligible to compete in the next round of funding, including those that received funding in the first round. The nine land banks are located in:

• Newburgh
• Schenectady-Amsterdam
• Albany County
• Suffolk County
• Buffalo-Erie County-Niagara County
• Chautauqua County
• Broome County
• Syracuse-Onondaga County
• Rochester 

Abandoned and vacant properties depress property values, discourage property ownership, and attract criminal activity, but a land bank provides tools to quickly turn these properties back into assets that reinvest in the community's long-term vision for its neighborhood. Land bank programs act as an economic and community development tool to revitalize distressed neighborhoods and business districts. Land banks can benefit urban schools, improve tax revenues, expand housing opportunities, remove public nuisances, assist in crime prevention and promote economic development.

“This funding is a step in the right direction for the City of Newburgh. The land bank is an innovative approach to helping cities such as Newburgh deal with the overwhelming blight and urban decay that accompany large numbers of abandoned houses. This funding will allow the city to begin the revitalization process and bring Newburgh back to the glory of its past,” Sen. Bill Larkin said.

Madeline Fletcher, Executive Director of the Newburgh Community Land Bank,said, “The funding from the Office of the Attorney General is critical to our collaborative effort to revitalize Newburgh. In just a few years, it will enable us to renovate and preserve more than 60 units of housing for existing and new city residents, expand meaningful job opportunities, and enhance commercial and community development in a key five-block neighborhood in the Newburgh East End Historic District.”

By transferring vacant and abandoned properties to responsible owners, local governments benefit because they avoid the significant cost burden of property maintenance, such as mowing and snow removal. In addition, local governments benefit from increased revenue because the new owners pay taxes on the properties. In turn, local schools benefit because they receive more funding when there is an increase in the number of property owners in their school districts. Land bank programs can also increase the variety of mixed-income housing offered and provide more opportunities for affordable housing.

Land bank properties that become owner-occupied discourage criminal activity, benefiting public safety and decreasing the cost burden on local police and fire departments. Finally, the more residents and businesses that occupy property in a neighborhood, the more services and amenities will be needed, which boosts local economic activity.

The Attorney General’s Office has partnered with Enterprise Community Partners to assist with the oversight and management of the Land Bank Community Revitalization Initiative. Enterprise is a nonprofit organization with more than 30 years of experience providing technical assistance and support to affordable community revitalization efforts. 

SCHENECTADY – Attorney General Eric Schneiderman joined with elected officials and staff from the Capital Region Land Bank to announce a new, competitive round of funding for New York State land banks that are working to rebuild and restore neighborhoods hit hard by the housing crisis. The event also celebrated the long-awaited demolition of a highly distressed property at 722 Eastern Avenue in Schenectady, which the land bank recently acquired as part of its comprehensive redevelopment effort along that corridor.

The Attorney General’s Land Bank Community Revitalization Initiative is making a new allocation of up to $20 million to eligible land banks in addition to the $13 million allocated through a competitive application process last year, bringing the total to $33 million. Funding for this new round will be drawn from the $25 billion settlement with the nation’s largest banks that the Attorney General helped negotiate in 2012.

“Land banks are a critical tool for helping communities plagued by vacant and abandoned properties recover from the housing crisis,” said Attorney General Schneiderman.“With this new round of funding, even more communities will reap the benefits of this powerful tool for urban revitalization. By funding and expanding land banks, we are empowering local communities to rebuild their own neighborhoods, house by house, block by block.” 

During the decade of the housing boom and bust, from 2000 to 2010, the number of vacant properties in New York State increased 27%. Following the collapse of the housing market, the New York State Legislature passed a law in 2011 establishing land banks — nonprofit organizations that can acquire vacant, abandoned, or foreclosed properties and rebuild, demolish, or redesign them. By restoring vacant or abandoned properties, land banks lower costs for local governments, benefit public schools, reduce crime and boost local economies. 

However, the legislation that authorized land banks in New York did not provide funding for them. Attorney General Schneiderman launched the Land Bank Community Revitalization Initiative to fill that gap and allow land banks to fulfill their purpose. He has dedicated $33 million to fund that initiative. Last month, the Attorney General’s bill to expand the number of land banks from 10 to 20 was passed by the Legislature and signed into law by the Governor. 

The Capital Region Land Bank was newly formed at the time of the first competitive round of OAG funding. Creating the land bank was both ambitious and challenging because its geographic scope includes the Cities of Schenectady and Amsterdam, as well as the larger County of Schenectady. The OAG provided the Capital Region Land Bank with a capacity building grant of $150,000 in the last round of funding, which has enabled it to complete the planning phase of its redevelopment efforts, including hiring consultants and legal support. By all accounts, the land bank is well ahead of schedule, as evidenced by the fact that it has already acquired title to several distressed properties—including 722 Eastern Avenue—and is ready to begin demolition and redevelopment of several sites.

“Today's announcement will help to reduce blight, develop our communities, and make Schenectady families safer. The property at 722 Eastern Avenue has been vacant for years, and I look forward to seeing it redeveloped and the immediate area revitalized with community input. I thank Attorney General Schneiderman and the Capital Region Land Bank for their tireless work to develop our communities in Schenectady and Montgomery counties -- which is particularly important in the wake of the recent foreclosure crisis,” said Rep. Paul Tonko.

“Land banks are effective tools for redevelopment,” said City of Amsterdam Mayor Ann Thane.“That’s why the New York Conference of Mayors has always been a big proponent of land banking and helped bring it to New York State. Today’s announcement by Attorney General Eric Schneiderman demonstrates his commitment to our communities, and we’re thankful for his efforts to fund land banks across the state.”  

Schenectady Mayor Gary McCarthysaid, “Our land bank is already helping to improve neighborhoods throughout Schenectady, and across the State of New York, other land banks are producing similar results. I commend Attorney General Eric Schneiderman for his commitment to neighborhood revitalization and for putting the financial resources behind such an important initiative.”

“To attract new families and businesses, and keep those who have already put down roots in our region, we need to make sure our communities put their best face forward,” said Assemblyman Angelo Santabarbara (D-Rotterdam).“Identifying and demolishing vacant and abandoned properties shows that Schenectady is making a comeback. The Capital Region Land Bank, with help from the Attorney General’s Office, is turning these eyesores into something positive, benefiting our neighborhoods and the city as a whole.”

Currently, there are nine land banks in New York State that will be eligible to compete in the next round of funding, including those that received funding in the first round of applications. The nine land banks are located in:

• Newburgh
• Schenectady-Amsterdam
• Albany County
• Suffolk County
• Buffalo-Erie County-Niagara County
• Chautauqua County
• Broome County
• Syracuse-Onondaga County
• Rochester 

Abandoned and vacant properties depress property values, discourage property ownership, and attract criminal activity, but land banks provide tools to quickly turn these properties back into assets that reinvest in the community's long-term vision for its neighborhood. Land bank programs act as an economic and community development tool to revitalize distressed neighborhoods and business districts. Land banks can benefit urban schools, improve tax revenues, expand housing opportunities, remove public nuisances, assist in crime prevention and promote economic development. 

“We thank Attorney General Schneiderman for the $150,000 grant provided to the Capital Region Land Bank. This funding was instrumental in helping the land bank identify properties for demolition and renovation in critical areas that will help spark additional investment, new jobs and new opportunities in Schenectady and Amsterdam,” Steve Strichtman, Executive Director of the Capital Region Land Bank, said. “Thanks to this investment by the Attorney General, we now have work underway that will help to stabilize key areas served by the land bank. With the potential for additional funding announced today, there will be the opportunity to scale up revitalization efforts that were started by the initial grant. “

“We thank Attorney General Schneiderman for supporting our neighborhood revitalization and rehabilitation efforts,” said Anthony Jasenski, Chair of the Schenectady County Legislature.  “His support of our land bank is critical to our efforts to improve challenged neighborhoods in the city and throughout Schenectady County.”

“The Capital Region Land Bank is grateful to the Attorney General's Office for all the support it has given to land bank efforts in New York,” said Robert W. Hoffman, Chair of the Land Reutilization Corporation of the Capital Region. “Friday's demolition signals a great beginning to a concerted effort to fight blight in our cities and eliminate from our neighborhoods run-down and dangerous buildings. With the Attorney General's continued generous support, we look forward to working with our local partners, Metroplex, City & County of Schenectady, City of Amsterdam and various non-profits, to improve the livability of all our neighborhoods.”

By transferring vacant and abandoned properties to responsible land owners, local governments benefit because they avoid the significant cost burden of property maintenance, such as mowing and snow removal. In addition, local governments benefit from increased revenue because the new owners pay taxes on the properties. In turn, local schools benefit because they receive more funding when there is an increase in the number of property owners in their school districts. Land bank programs can also increase the variety of mixed-income housing offered and provide more opportunities for affordable housing.

Land bank properties that become owner-occupied discourage criminal activity, benefiting public safety and decreasing the cost burden on local police and fire departments. Finally, the more residents and businesses that occupy property in a neighborhood, the more services and amenities will be needed, which boosts local economic activity.

The Attorney General’s office has partnered with Enterprise Community Partners to assist with the oversight and management of the Land Bank Community Revitalization Initiative. Enterprise is a nonprofit organization with more than 30 years of experience providing technical assistance and support to affordable community revitalization efforts. 

ROCHESTER – Attorney General Eric T. Schneiderman today announced the first round of awards to law enforcement agencies in New York State through the Attorney General’s inVEST Partnership, a statewide program that offers law enforcement agencies the opportunity to purchase bulletproof vests for sworn officers. Awards were announced for law enforcement agencies in 23 counties in Western New York, the Capital Region, and the North Country, including $156,738.30 to support the purchase of 375 vests in Erie County, $90,504.48 for 234 vests in Monroe County and $160,368.50 for 272 vests in Albany County. In total, the first round of funding will provide $579,034.39 to support the purchase of 1,293 bulletproof vests.

“Every day in communities all across New York, the brave men and women serving in our police departments put their lives on the line to keep our communities safe,” said Attorney General Schneiderman. “We have an obligation to do everything in our power to protect those who are sworn to protect us, and we are. The inVEST Partnership grants we are announcing today will arm brave officers with life-saving vests they might not otherwise have, adding a critical layer of safety to one of the most dangerous jobs in the world.”

In 1998, the federal government passed the Bulletproof Vest Partnership (BVP) Grant Act, which established a competitive grant program to provide up to 50 percent matching funds for state, county and local law enforcement organizations to purchase bulletproof vests. Unfortunately, because of partisan gridlock in Washington, BVP grants to departments in New York State have dropped precipitously in recent years.  In fact, since peaking in 2010, grants awarded to law enforcement agencies in New York State decreased by 81 percent, or approximately $3.27 million. In June, Attorney General Schneiderman announced the inVEST Partnership to replace funds cut from the BVP program.

The danger that law enforcement officers face on a daily basis cannot be overstated: Since 1984, 71 officers in New York State have been shot and killed in the line of duty and 29 different law-enforcement agencies have experienced gunfire fatalities. The National Institute of Justice (NIJ) estimates that bulletproof vests have saved more than 3,000 police officers’ lives nationwide during the same time period. On July 28th, New York Police Department Detective Mario Muniz was shot multiple times, including once in the chest, while attempting to execute an arrest warrant on a suspected sex offender. The round that struck his chest was stopped by his bulletproof vest, likely saving his life, according to NYPD Commissioner William Bratton.

“In 2009, Rochester Police Officer Luca Martini was shot during a home invasion, and the bulletproof vest he was wearing helped save his life,” said Rochester Mayor Lovely Warren.“Rochester’s police officers put their lives on the line every day to protect our citizens. These vests are another tool to protect them, and I would like to thank Attorney General Eric Schneiderman for not only recognizing the importance of keeping our police officers safe on the job, but for selecting Rochester as a community to participate in the inVEST Partnership.”

“We need to do everything in our power to protect our police officers and these new bulletproof vests are yet another critical layer of safety that will help us further reduce crime in Buffalo,” said Mayor Byron Brown, noting that overall crime in Buffalo has been reduced nearly 25% since 2005. “My administration takes the safety and security of both our citizens and officers very seriously. I thank Attorney General Eric Schneiderman for helping us further protect our officers in a continued effort to improve the safety of our neighborhoods.”

Erie County Executive Mark Poloncarzsaid, “Attorney General Schneiderman is once again showing his commitment to WNY, this time with enhanced protection for members of the Erie County Sheriff’s office. His past efforts have led to greater protections for consumers, homeowners, and our environment, and with this grant the Attorney General demonstrates his understanding of and compassion for the needs of law enforcement in our community. Thanks to Attorney General Schneiderman, our Sheriff’s deputies will be better protected themselves as they protect the residents of Erie County.”

“Our law enforcement officials risk their lives on a daily basis in order to protect us,”Senator Ted O’Brien said. “The least we can do is to protect them when they are in the line of duty. I commend Attorney General Schneiderman for making the safety of our police officers a top priority. Using funds seized in criminal investigations to provide officers with bulletproof vests will save lives and make our state safer for these brave men and women, and all New Yorkers. I am pleased to work with the Attorney General in implementing this important program.”

Senator Tim Kennedysaid, “Every day, Western New York's finest leave their loved ones behind with no idea what dangers they may encounter and no guarantee they'll make it back home safe. They proudly take an oath to serve and protect  and willingly place themselves in harm's way in order to keep our families and communities safe. Nothing we do in state government is more important than providing our brave men and women in uniform with every protection available to ensure they return home to their loved ones at the end of their shift. That's why I'm proud to join Attorney General Schneiderman today to deliver this critical funding which will help outfit our local police force with the newest technology in lifesaving bulletproof vests, and I want to thank the Attorney General for his relentless work to protect Western New Yorkers.”

Assembly Member Sean Ryan said, “I thank Attorney General Schneiderman for creating this innovative program, which will help to protect the lives of the brave men and women who serve our communities each and every day. The inVEST Partnership will provide the critical funding necessary to get life-saving vests into the hands of police officers in Western New York and throughout the state. I’m thankful that the Attorney General and the State of New York are stepping up to the plate to support our police agencies and uniformed officers.”

Assemblyman David Ganttsaid, “Thank you to Attorney General Eric Schneiderman and the Office of the Attorney General for establishing the inVEST Partnership.  Ensuring the safety of the men and women dedicated to keeping our streets safe is a huge step toward building better communities. I commend the Attorney General for the good work he is doing not only in Rochester, but across the entire state.”

“Our police officers protect and serve residents of the Queen City, and we have to protect them as well," said Assemblywoman Crystal Peoples-Stokes. “Securing $3.5 million for new bulletproof vests is great news for the safety and well-being of our law enforcement agencies in Buffalo and Western New York. I applaud Attorney General Schneiderman for starting the inNVEST program and securing the funding. I also want to thank our law enforcement for their continued service, as they risk their lives every day.”

“These vests save lives,” said Rochester Police Chief Michael Ciminelli.“We are very grateful to the Attorney General for helping to ensure that every RPD officer has a vest.”

The Attorney General’s office committed $3.5 million from criminal and civil forfeiture funds to create the inVEST Partnership. The office began accepting applications for the inVEST Partnership on June 9th. The awards announced today represent the first round of funding. Subsequent rounds will be announced in the coming weeks. For those departments that receive awards, matching funds will cover up to 50 percent of the total costs of vests, vest carriers, attachments, inserts, fitting, shipping and applicable taxes. Funding is available to equip newly hired officers or to replace expiring vests for veteran officers. Vests must conform with the performance standards delineated by NIJ in its most recent testing report. 

The inVEST Partnership will provide matching funds for between 6,000 and 10,000 vests. Although the initial priority application deadline for the inVEST Partnership has passed, law enforcement agencies still in need of funding for protective vests are encouraged to apply. Late applicants will be reviewed based on funding availability, on a first-come, first-serve basis. In order to apply, an agency must be a member of or join the United States Department of Justice Asset Forfeiture and Money Laundering Equitable Sharing Program. Approved departments will be required to submit receipts for reimbursement by the end of this year. 

The first round of awards is as follows:

A full breakdown of the first round of awards, including the name of each police department, can be viewed here.