NEW YORK – Attorney General Eric Schneiderman today issued the following statement on Apple’s new iPhone 6:

“The release of the newest iPhone is the latest example of the incredible innovations coming out of the smartphone industry.  In previous years, the release of new products like this resulted in a spike in violent crime.  In the last year, thanks to the work of our international Secure Our Smartphones Initiative, the industry has taken significant steps toward ensuring the safety and security of their customers.  No consumer should have a target on their back simply because of the phone they carry in their hand. With strong evidence supporting the ability of kill switches to deter smartphone thefts, a strong coalition continuing to push for change, and the most tech savvy companies in the world working with us to find a solution, there is no reason why more families should have to lose loved ones because a criminal decided to steal their phone. We will continue to urge all wireless carriers and smartphone manufacturers to take immediate action and implement an opt-out kill switch on all devices.”

As co-chair of the Secure Our Smartphone (S.O.S.) Initiative – an international partnership of law-enforcement agencies, elected officials and consumer advocates – Attorney General Schneiderman led the effort to call on the wireless industry to address the global rise in smartphone thefts. The work of the Attorney General and the S.O.S. Initiative has resulted in several tangible accomplishments:

• In September 2013, just three months after S.O.S. began its efforts, Apple unveiled “Activation Lock,” a proof-of-concept kill switch available on all iPhones running the iOS 7 operating system with ‘Find My iPhone’ enabled. In April 2014, Samsung introduced “Reactivation Lock.”
• Earlier this year, S.O.S. worked with Senator Amy Klobuchar and Representative Jose Serrano to introduce companion federal legislation to require carriers and manufacturers to make kill switch anti-theft solutions mandatory for all smartphones in the United States. On May 15, 2014, Minnesota became the first state to mandate a kill switch on all phones.
• In April 2014, the industry group CTIA abandoned its long-held opposition to a kill switch and announced a “Smartphone Anti-Theft Voluntary Commitment” in which AT&T, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless and others pledged to implement a kill switch solution on an opt-in basis.
• In June 2014, just one year after the launch of the S.O.S. Initiative, Google and Microsoft announced that they would incorporate a kill switch in to the next version of their respective operating systems. As a result, a kill switch will soon be incorporated into the three dominant smartphone operating systems — Android, iOS, and Windows Phone — which currently encompass 97 percent of smartphones in the United States.

The work of the S.O.S. Initiative continues. In June 2014 report by the S.O.S. Initiative, new data was released showing that criminals now target devices not likely to be equipped with a kill switch, In New York, London and San Francisco, robberies and grand larcenies involving iPhones plummeted following the release of Apple’s Activation Lock while violent crimes against people carrying phones without a kill switch surged. This emphasized the importance of immediately implementing life-saving technology across all manufacturers. Because kill switches are mostly available on a solely opt-in basis, not enough consumers are signing-up. This underscores the urgency of S.O.S.’s call to make kill switches a standard opt-out function on all phones.

NEW YORK—Attorney General Eric T. Schneiderman today announced a settlement agreement with the former management company of the Three Borough Pool, a portfolio of 42 rent-regulated buildings located in Brooklyn, the Bronx, and Manhattan. The agreement requires Colonial Management Group, LLC to provide more than $225,000 in rent credits and restitution to tenants. The agreement also requires that delayed maintenance projects be completed within one year.

The agreement with Colonial Management Group, LLC comes on the heels of a separate agreement with the majority owners of the 42 buildings.  That agreement provided extensive relief for tenants, including more than $1 million in rent credits and restitution. More information on that settlement can be found here.

“Over 1 million families live in rent-regulated housing in New York City, and each of those families has the right to decent and safe housing and the right to organize without being subjected to harassment or retaliation,” Attorney General Schneiderman said. “This agreement shows that we will leave no stone unturned in holding property owners accountable and in securing full and meaningful relief for tenants who have endured harassment and neglect.”

In November 2013, tenants in the Three Borough Pool filed complaints with the Attorney General’s Office that Colonial Management was engaged in an aggressive campaign to deny them their right to organize, a protected activity under Section 230 of New York’s Real Property Law. Documents reviewed by the Attorney General’s office revealed that David Kramer, the owner of Colonial Management, had ordered his employees to take down signs posted by tenants to prevent them from holding meetings.  According to tenants, Colonial posted false notices throughout the buildings, retaliated against tenants who participated in tenant association meetings, and, in several instances, resorted to intimidation to break up peaceful meetings.

During the investigation, the Attorney General found that Colonial did not maintain the buildings, that the buildings had multiple outstanding code violations under New York City’s Housing Maintenance Code, and that at least two of the buildings were in the city’s Alternative Enforcement Program -- a designation that indicates they were among the 200 most physically distressed properties in the city.  

In April 2014, the Attorney General reached an agreement with the building owners. Subsequent to that agreement, David Kramer, the owner of Colonial Management, purchased 7 of the 42 buildings. Today’s agreement provides additional relief for tenants who lived in the 42 buildings when Colonial was manager as well as protection for tenants who will continue to live in the 7 buildings purchased by Kramer.  Among other things, it requires Kramer and Colonial Management to:

• Provide a one-time rent credit of $600 to tenants in the 7 buildings. That money will compensate tenants for illegal fees and overcharges and amounts to more than $140,000 in overall rent credits;
• Provide $50,000 in restitution to tenants of all 42 buildings;
• Dissolve Colonial Management and select a new company to manage the 7 buildings;
• Conduct outstanding repairs and correct all code violations within one year;
• Forgo any rent increases for work required to bring the properties into compliance with the city’s Housing Maintenance Code; and
• Provide all tenants with notice of their right to organize and participate in tenant associations, and their right to use community spaces to facilitate their efforts.

This matter is being handled by Special Counsel Jessica Attie of the Attorney General's Civil Rights Bureau, Special Assistant to the Attorney General Dina Levy, and Civil Rights Bureau Chief Kristen Clarke, with the assistance of Investigator Sixto Santiago.  Executive Deputy Attorney General for Social Justice is Alvin Bragg.

The Attorney General's Office is committed to protecting the rights of tenants and ensuring compliance with civil rights laws. To file a complaint, contact the Civil Rights Bureau at (212) 416-8250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.

PEARL RIVER – Attorney General Eric T. Schneiderman today announced the arrest of Amy DeAngelis-Martin, a Licensed Practical Nurse formerly employed by Northeast Center for Special Care in the Town of Ulster, New York, for allegedly stealing three oxycodone pills from a resident’s prescription for her personal use. DeAngelis-Martin faces felony charges, including Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, and up to four years behind bars.

The 52-year-old nursing home resident was paralyzed from the waist down due to head and neck trauma and had been prescribed oxycodone for pain. DeAngelis-Martin allegedly replaced the oxycodone with similar-looking Loratadine pills, a generic form of Claritin, an allergy medication and a non-narcotic, on May 22, 2013.

“Staff at nursing facilities are entrusted to care for those who are unable to care for themselves, including administering appropriate medication,” Attorney General Schneiderman said.  “My office will prosecute individuals that violate that trust and prey upon the vulnerable patients. The allegations in this case serve as a strong reminder of the dangerous and addictive qualities of opioid medications -- and why they must be closely monitored.”

Charges filed against DeAngelis-Martin, 34, in Ulster Town Justice Court include one count of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree (a class E Felony); one count of Falsifying Business Records in the First Degree (a class E Felony); one count of Criminal Possession of a Controlled Substance in the Seventh Degree (a class A Misdemeanor); and one count 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.

DeAngelis-Martin, of Saugerties, N.Y., was arraigned before Judge Susan Kesick and released on her own recognizance.  She is due back in court on October 7.   

The charges brought today are accusations, and defendants are presumed innocent until and unless proven guilty.

The case was investigated by Medicaid Fraud Control Unit (MFCU) Senior Investigator Frank Bluszcz with the assistance of Supervising Investigator Peter Markiewicz.

The case is being prosecuted by Special Assistant Attorney General Todd Pettigrew of the MFCU Pearl River Regional Office with the assistance of Regional Director Anne Jardine. Thomas O’Hanlon is the Chief of Criminal Investigations-Downstate. The Medicaid Fraud Control Unit is led by Acting Director Amy Held. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.  

NEW YORK - Attorney General Eric T. Schneiderman today released the following statement on the 13th anniversary of the 9/11 terrorist attacks.

“Like all New Yorkers, it’s with deep sadness that I reflect on the memory of that terrible day 13 years ago as well as the memories of those who were taken from us in this tragedy. We have all proudly watched New York come a long way in healing the seemingly irreparable wound inflicted that day. But undoubtedly, we continue to feel the ache of such a swift and immeasurable loss.
“Today, we remember the mothers, fathers, brothers, sisters, sons, and daughters who were killed in these unspeakable attacks against our nation. But we also remember the many first responders who answered the call of duty by running directly into the face of danger to save countless lives. An attack meant to shatter us instead brought out the great hope and resilience within all New Yorkers and all Americans. Such unspeakable cowardice and violence was answered with unwavering courage and sacrifice.
“On this day and in the days to come, let us continue to pray for the families and loved ones who still mourn those lost, and let us recommit to our work toward a more secure future.”

NEW YORK - Attorney General Eric T. Schneiderman today released the following statement on the 20th anniversary of the signing of the Violence Against Women Act.

“Twenty years ago today, President Bill Clinton signed into law the Violence Against Women Act, a major milestone in our nation’s efforts to prevent violence against women and help the victims of such reprehensible acts. But two decades later, despite the significant protections established under VAWA, recent events have shone necessary light on the fact that violence against women remains a prevalent and dangerous problem across our nation. Basic safety is not a privilege: It is a fundamental right. Protecting all Americans from harm, regardless of their relationship to their abuser or their gender, is and will remain one of the most important aspects of our ongoing pursuit of equal justice under law.”

SYRACUSE – Attorney General Eric T. Schneiderman today toured the Syracuse Gun Show, one of the largest in the state, to highlight the success of the show and the Model Gun Show Procedures developed by the Attorney General’s Office. These procedures, which all known gun show operators in New York have agreed to follow, mean a background check is conducted on virtually every firearm sold at gun shows in New York State. The Syracuse show, run by the New York State Arms Collectors Association, Inc., was among the first to sign on to the Model Procedures.

During the tour, Attorney General Schneiderman was briefed by the show’s operator, Sandy Ackerman, and NYSACA Director Doug Roberts on the implementation of the Model Gun Show Procedures, including a rule that ensures all guns brought into the gun show by private sellers are tagged so that, upon exiting, the operator can determine whether guns were sold and that a proper background check was performed.

“By working in cooperation with gun show owners across New York State, we are keeping dangerous weapons out of the wrong hands and at the same time ensuring that responsible citizens can exercise their right to lawfully buy firearms,”Attorney General Schneiderman said. “I’m impressed by what I’ve seen at the Syracuse Gun Show today, and I commend the show’s operator for joining us in taking smart, reasonable steps to help keep our homes and our communities safe.”

Sandy Ackerman, president of the New York State Arms Collectors Association,said, “We have worked closely with Attorney General Schneiderman’s office to ensure that his model protocols, which are helping us put on an even safer and a better gun show, are firmly in place. With them, we put safety first and protect the rights of our many law-abiding gun enthusiasts. The procedures, many of which we’d instituted previously, are working well. We have been pleased to work with the Attorney General who holds us in high regard and on an issue which is of critical concern to all of us.”

Douglas S. Roberts, director of New York State Arms Association,said, “Not only have our organization’s directors, show managers, and dealers worked with Attorney Schneiderman’s office, they have also worked with the New York State Police, New York State Sheriff's and local police departments to ensure all laws are followed. We are honored to have Attorney General Schneiderman and his staff attend our show.”

The model procedures grew out of an undercover investigation conducted by Attorney General Schneiderman's office in 2011, which found that private sales of guns—made without background checks-- were a common occurrence at gun shows. After that sting operation, the Attorney General's Office and several gun show operators worked together to develop the procedures, which balance the rights of sportsmen and gun collectors with the need to protect the public from the sale of guns to people who cannot pass a background check, also known as the National Instant Criminal Background Check System, or NICS.

Three dozen gun show owners operating more than 80 gun shows in New York have signed the protocols, which cover every known gun show operator in the state.

The Model Procedures go beyond the requirements of the state’s Gun Show Law, including a process that ensures that all guns brought into the gun shows are tagged so that, upon exiting, the operator can determine whether guns were sold and that a proper background check was performed. Under the terms of the Model Procedures, operators are required to do the following:

• Post conspicuous signs throughout the shows and give written notice to all dealers that New York State law requires that a National Instant Criminal Background Check be completed before the transfer of a gun at a gun show, including on the grounds of the show.
• Require that all guns brought into the gun show are tagged so that, upon exiting, the operator can determine whether the guns were sold and a NICS was performed.
• Provide access to a dealer who is authorized to conduct a NICS at cost.
• The dealer performing the NICS shall complete and file ATF Form 4473 and maintain the forms for inspection by law enforcement agencies for 10 years, as required by New York’s Gun Show Law.
• Limit the number of access doors at the show so that sellers and buyers have to enter and exit through an area where the NICS procedures can be monitored.
• All guns are inspected upon exiting the show to make sure all transactions, even those with dealers, include a NICS check.
• Use reasonable means to prevent illegal gun sales outside the building, including the parking lot.
• Alert local law enforcement authorities that a show will be held in their area, request periodic patrols in the parking lots to deter illegal sales, and call them if illegal sales are observed or suspected.

These model procedures are part of a broader effort by Attorney General Schneiderman to keep guns out of the hands of criminals and the dangerously mentally ill. This past spring, the Attorney General brokered an agreement with social networking sites Facebook and Instagram to curb illegal sales of firearms on those venues. Under the agreement, Facebook and Instagram will now remove reported posts by users seeking to evade gun laws, prevent minors from viewing posts that sell firearms, and provide education to better inform law-abiding gun sellers.

This matter is being handled by Assistant Attorney General In Charge of the Rochester Regional Office Debra A. Martin. Marty Mack is the Executive Deputy Attorney General for Regional Offices.

NEW YORK – Attorney General Eric T. Schneiderman today announced the indictment of Keisha Relf Davis, an employee of the New York State Department of Education, and an accomplice for stealing over $2.5 million from the state by diverting funds to NYC-area driving schools for services that were never rendered. As alleged, Davis received bribes in the form of regular cash payments for her role in the scheme. Together, Davis and Steven Washington, the schools’ program director, have been charged today with 19 felony counts including Grand Larceny and Bribery and face up to 25 years in state prison.

“Today’s indictment sends a clear message: no one is above the law and there must be one set of rules for everyone,” said Attorney General Schneiderman. “Taking advantage of a government job to steal millions of dollars from New York taxpayers is a shameful violation of the public’s trust. My office must and will remain vigilant for such blatant acts of fraud.”

“These criminal actions are reprehensible and demand severe penalties,” said Kevin Smith, New York State Education Department Deputy Commissioner.  “The employees of the Office of Adult Career and Continuing Education Services (ACCES) work toward the education and employment needs of New York State's disabled adults. The actions of this one counselor exploited New York's most vulnerable citizens for personal gain. When Education Department internal controls uncovered this criminal activity an immediate referral was made to the Attorney General for prosecution. Agency protocols will be tightened further to ensure that such criminality cannot again stand in the way of our mission to provide individuals with disabilities every opportunity for employment, economic self-sufficiency and independence.”

Davis was a vocational counselor for DOE’s Office of Adult Career and Continuation Education Services’ (ACCES) Vocational Rehabilitation program, which offers state-funded access to services like driver education to New Yorkers with qualifying disabilities and functional limitations. The investigation, which was conducted by the Attorney General’s Public Integrity Bureau, revealed that Davis allegedly worked in concert with Washington, the program director of Americana Commercial Driving School, in Manhattan, and Roadway Driving School, in the Bronx. (The owners of those two schools, Juani Ortiz and Juan Cabrera, respectively, pleaded guilty last month in connection with this scheme.)

According to the indictment unsealed today in Bronx County Court, Washington charged non-disabled customers $300 to $500 cash and required a copy of their Social Security card in order to receive driving lessons. He then provided the students’ information and cash payments – which constituted an ongoing bribery scheme – directly to Davis, who created, submitted and approved falsified documents indicating that the students received their training through the ACCES program. (The students were not aware that ACCES services were being applied for and approved in their names.)

As a result, the driving schools received almost $5,000 in reimbursement from the state for each of the roughly 540 students for whom Davis submitted ACCES paperwork. As part of the alleged scheme, Davis would keep the cash payments, Washington was paid 12% of each reimbursement and the schools’ owners pocketed the rest.

The indictment charges Keisha Relf Davis and Washington with one count of Grand Larceny in the First Degree (a Class B felony); one count of Grand Larceny in the Second Degree (a Class C felony); four counts of Falsifying Business Records in the First Degree (Class E felonies); and four counts of Offering a False Instrument for Filing in the First Degree (Class E felonies). The indictment charges Davis individually with two counts of Bribe Receiving in the Second Degree (a Class C felony), four counts of Forgery in the Second Degree (Class D felonies) and one count of Defrauding the Government (a Class E felony); it charges Washington individually with two counts of Bribery in the Second Degree (a Class C felony). The top count of the indictment carries a mandatory prison term, with a maximum sentence of 8 1/3 to 25 years.  

The Attorney General thanks the New York State Department of Education for its assistance in investigating the case. Prosecuting the case are Senior Counsel Wanda Perez-Maldonado and Assistant Attorney Daniel Bajger 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 Investigator Angel LaPorte and Investigator Sixto Santiago, of the Attorney General's Investigations Bureau, which is led by Chief Dominick Zarrella, with assistance provided by forensic auditor Edward J. Keegan and legal support analyst Kerry Anne Rodriguez.

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 an antitrust lawsuit seeking to prevent pharmaceutical manufacturer Actavis plc and its New-York based subsidiary Forest Laboratories from forcing Alzheimer’s patients to switch medications as part of an anti-competitive strategy designed to maintain high drug prices. This maneuver would needlessly disrupt patient treatment and restrict patient choice just to protect corporate profits.

Actavis has announced a plan to withdraw its Alzheimer’s drug Namenda from the market. Namenda is protected by a patent that will expire shortly and the company will thus face competition from generic drug makers.  Instead of facing that competition, Actavis plans to force patients to switch unnecessarily to a very similar drug with a longer patent. Once patients switch to the new drug, Namenda XR, it’s likely that they will remain on that medication even after the Namenda generics hit the market due to the practical difficulties of switching back, thus allowing Actavis to insulate its profits from competition. 

“A drug company manipulating vulnerable patients and forcing physicians to alter treatment plans unnecessarily simply to protect corporate profits is unethical and illegal,” said Attorney General Schneiderman. “Unfortunately, schemes to block competition, without considering the consequences to patients, are a growing trend in the health care industry. By standing up to Actavis, we’re sending a clear message to all pharmaceutical companies: Prioritizing profits over patients’ rights will not be tolerated.”

Since 2004, Forest has made billions of dollars as the exclusive seller of the patented drug Namenda.  But by July, 2015, that patent will expire, allowing generic versions of Namenda to hit the market at drastically lower prices. To block competition from generics and protect its bottom line, Actavis and Forest intend to pull Namenda off the market early, forcing patients to switch to another of their drugs, Namenda XR, on which they hold the patent for several years to come.  

Actavis is relying on the fact that it would be difficult for patients who switch to Namenda XR to switch drugs again once generics becomes available. Normally, state substitution laws allow pharmacists to dispense generics without being forced to obtain physician approval; this allows generic drugs to compete effectively. But even though Namenda and Namenda XR have the same active ingredient, pharmacists will not be allowed to offer generic Namenda to patients taking Namenda XR; a doctor’s approval would be required to make that switch. This means that most Alzheimer’s patients and their families will end up paying for the higher-priced drug, even when the generic version is the doctor-recommended and cost-effective choice. 

As alleged in the lawsuit, Actavis’ stated reason for the switch – that Namenda XR is a superior drug simply because it can be taken once a day instead of twice – rings hollow. If that were the true reason for the switch, Actavis could simply give patients a choice rather than imposing this forced switch. The real reason is that Actavis knows that its profits will take a hit once the Namenda patent expires, and is seeking to blunt the financial impact. On an earnings call earlier this year, Forest’s CEO, Brenton Saunders, acknowledged this, saying: “If we do the hard switch … it’s very difficult for the generics.” He added, “It is an obstacle that will allow us to … go into a slow decline versus a complete cliff.”

The lawsuit alleges that, by forcing patients to switch to Namenda XR, Actavis is gaming the regulatory system that governs pharmaceuticals and violating antitrust laws designed to encourage competition and keep prices down for consumers. Generic drugs typically succeed by offering pharmacies lower prices to encourage them to dispense the generics instead of the more expensive name-brands. Patients benefit from this when they are able to obtain equivalent generic medication at far lower cost.  Actavis’s actions will undermine generics’ ability to compete and, worse still, accomplish this goal by eliminating patient choice and manipulating the treatment plans for these vulnerable patients.

The Attorney General’s complaint was filed in the United States District Court for the Southern District of New York on September 15.

This matter is being led by Antitrust Bureau Chief Eric J. Stock, Senior Enforcement Counsel Elinor R. Hoffmann, Assistant Attorneys General Saami Zain, Zachary W. Biesanz, and Joseph Antel, and Executive Deputy Attorney General for Economic Justice Karla G. Sanchez.

ROCHESTER – Attorney General Eric T. Schneiderman today announced that retail chain Wal-Mart Stores, Inc. has agreed to a settlement in a false advertising investigation by the Attorney General’s Office. The investigation involved claims that Wal-Mart advertised a nationwide sale of Coca-Cola soft drinks but charged customers in their 117 stores across New York State more than the advertised sale price.

In June 2014, Wal-Mart launched a Father’s Day sale, including advertising 12-packs of Coca-Cola products for $3.00. However, when consumers in New York State attempted to purchase the sale items, customers were routinely charged $3.50. According to the investigation by the Attorney General’s Office, in one Buffalo-area Wal-Mart store a consumer brought the error to the attention of staff and was told that the newspaper circular was a national ad and that it did not apply in New York. When consumers complained about being charged more than the advertised price, Wal-Mart staff falsely told them that New York has a ‘Sugar Tax.’ The investigation concluded that the markup of over 16% above the advertised price violates New York State’s General Business Law 349 and 350.

“There has to be one set of rules for everyone, no matter how rich or how powerful, and that is why our office must ensure that even the largest corporations cannot advertise one price and then charge a higher one to New Yorkers,” said Attorney General Schneiderman. “Whether it’s securing the largest financial settlements in U.S. history to address misconduct that crashed the economy, or settling cases with the nation’s largest retailers, this office will continue to stand on the side of ordinary New Yorkers.”

During the course of the investigation by Attorney General Schneiderman’s office, consumers were routinely overcharged in stores across the state. It was determined that cash registers were programmed to not recognize the advertised sale price. On June 12, 2014, the Attorney General’s Office requested that Wal-Mart immediately adjust prices to the amount advertised. Wal-Mart took corrective action after approached by the Attorney General’s Office.

The investigation also determined that Wal-Mart ran a similar sale in March that resulted in the company failing to honor the advertised price for Coca-Cola soft drinks in New York. Despite documented complaints from consumers about the price discrepancy, the company failed to adjust prices until requested by the Attorney General’s Office.  In total, Wal-Mart sold New Yorkers 66,000 12-packs of Coca-Cola at an inflated price.

The settlement requires Wal-Mart to pay over $66,000 in penalties and other costs, to improve its internal reporting to more quickly act on information it receives from consumers about overcharges, and to change business practices to comply with state law.

The case was handled by Assistant Attorney General Benjamin Bruce and the investigation was handled by Investigator Jennifer Hill, both of Rochester Regional Office. The Rochester Regional Office is led by Assistant Attorney General In-Charge Debra Martin. The Rochester Regional Office is part of the Division of Regional Offices headed by Executive Deputy Attorney General for Regional Affairs Marty Mack.

NEW YORK - Attorney General Eric T. Schneiderman, leading a coalition of eight states, today backed a federal proposal designed to ensure that the nation’s lakes, rivers, streams, and wetlands receive proper protection under the federal Clean Water Act (CWA).  The coalition’s support came in comments submitted to the heads of the U.S. Environmental Protection Agency and the Army Corps of Engineers’ Civil Works Office on their joint Waters of the United States Proposed Rule.  

The proposed rule seeks to clarify what types of waters are covered by the CWA – an issue that has become muddled by two recent U.S. Supreme Court decisions.  This lack of clarity has led to uncertainty among businesses, citizens, and state and local pollution control officials as to their obligations under the CWA.  It has also potentially stripped large numbers of waterways of federal protection, leaving them – and the downstream waters with which they connect – vulnerable to degradation.  All the Lower 48 states have waters that are downstream of other states.  

“Every New Yorker has an equal right to clean water, which is fundamental to the health, environment, and economy of our states,” said Attorney General Schneiderman.“The degradation of waters in upstream states can increase flooding, add pollution, damage hunting and fishing habitat, and foul the drinking water supplies of their downstream neighbors.  We applaud EPA and the Corps for recognizing that the interconnectedness of our waters requires their comprehensive coverage under the Clean Water Act.  This proposal will protect our states’ hard-earned gains in water protection by ensuring that all states share responsibility for clean water.”  

A lake, river, stream, wetland, or any other kind of surface water is afforded protection under the CWA only if it is a “water of the United States.”  Supreme Court decisions in 2001 and 2006 have led to substantial uncertainty as to whether some waters – particularly, small, seasonal, or rain-dependent streams, wetlands, and tributaries – are still considered waters of the United States.  As a result, roughly 20,000,000 wetland acres and 2,000,000 miles of streams in the Continental U.S. have lost, or have been placed in jeopardy of losing, their protections under the CWA.  And many of these threatened waters cannot rely on protections under state laws.   A 2013 study by the Environmental Law Institute found that 36 states have laws in place that could prevent state agencies or municipalities from protecting waters not covered by the CWA.

In today’s comments, the coalition cites three primary reasons for supporting the proposal:

• The rule is grounded in solid, peer-reviewed science, particularly with respect to the “connectivity” of waters.   Scientific studies demonstrate that many waters are connected by networks of tributaries and wetlands.  Because of these connections, physical, chemical, and biological pollution from upstream waters often impacts the health of associated downstream waters.
• The rule sets a strong floor for protecting our nation’s interconnected waters.  Such a floor ensures basic consistency and effectiveness in water pollution control among states, protecting downstream states from the effects of unregulated discharges from upstream states.
• By clarifying the scope of waters of the United States, the rule addresses the current confusion and disagreements in the courts regarding the application of the CWA.  States need this legal clarity to efficiently and confidently administer their water protection programs.     

Frances Beinecke, President of the Natural Resources Defense Council, said, “I commend the Attorneys General for their leadership on this critical action to restore protections for vulnerable waters across the nation.  This proposed rule strikes the right balance between state autonomy and the national imperative to control dangerous water pollution.”

Jimmy Hague, Director of the Center for Water Resources at the Theodore Roosevelt Conservation Partnership, said, “America’s hunters and anglers support this rulemaking because Clean Water Act confusion has put our fisheries and waterfowl habitat at risk.  Today’s comments from the attorneys general underscore how important it is to restore protections to wetlands and headwater streams. They understand that clarifying which waters are covered by the Act – and just as importantly, which waters are not covered – benefits the states, sportsmen, and everyone else who cares about clean water.”

Jeanne Christie, Executive Director of the Association of State Wetland Managers,said, “The Clean Water Act must be implemented using sound science or the goals of the Act can never be achieved.   Study after study confirms that wetlands, streams, rivers, lakes and oceans are interdependent and that the loss or pollution of one part affects others.   The proposed rule recognizes that clean, abundant water is necessary to support a healthy environment and a strong economy. “

Kim Diana Connolly, Professor of Law and Director of Environmental and Natural Resources Law Program at SUNY Buffalo Law School,said, “The United States federal government has invested multiple decades attempting to clarify the appropriate regulatory role for the United States over waters of the U.S..  Based on this extensive research and analysis, EPA and the Corps have proposed an excellent revision to the definition of ‘waters of the United States.’ If approved, all stakeholders in the regulatory process will more clearly know whether a particular undertaking is compliant with the law, allowing the money that would otherwise be spent disputing this issue with the Corps, with EPA, in federal court, or in U.S. Congress, to instead be invested in efficient, environmentally-responsive infrastructure.”

Lakes, rivers, streams, wetlands, and other kinds of surface waters trap floodwaters, remove pollution, provide habitats for fish and wildlife, and maintain drinking water supplies.  The health and cleanliness of these waters is critical to their role in fishing, hunting, agriculture, recreation, energy generation, and manufacturing.  For example, approximately one in three Americans gets drinking water from public systems that rely on small, seasonal, or rain-dependent streams – the waters placed at greatest risk by the uncertainty created by recent Supreme Court decisions.

Joining Attorney General Schneiderman in co-signing today’s letter are the Attorneys General from Connecticut, Delaware, Illinois, Maryland, Rhode Island, Washington State, and the District of Columbia.

The matter is being handled by Watershed Inspector General Philip Bein, Assistant Attorney General Timothy Hoffman, and Environmental Scientist Charles Silver, of the Attorney General’s Environmental Protection Bureau, with support from Bureau Chief Lemuel M. Srolovic, Executive Deputy Attorney General for Social Justice Alvin Bragg, and First Deputy for Affirmative Litigation Janet Sabel. 

NEW YORK – Attorney General Eric T. Schneiderman today announced the arrest and indictment of five individuals for running an alleged identity-theft ring targeting customers of local banks. The defendants stole over $850,000 by having bank tellers access and steal personal information of hundreds of unsuspecting customers – account numbers and Social Security numbers, for example – and use it to withdraw money from those accounts, according to today’s allegations. The tellers indicted today worked for branches of Bank of America, JP Morgan Chase, HSBC, TD Bank and Wachovia in the Bronx, and Westchester and Orange Counties among others.

“Bank tellers have access to our most sensitive financial information and we must be able to trust that our data will remain safe and secure,” said Attorney General Schneiderman.“Identity theft is a complex and growing problem, and we must redouble our efforts to ensure that all of us – from large corporations, to small businesses and families – are better protected.”

The defendants allegedly used the stolen information to create fake drivers licenses and checks, which they used to withdraw money at bank branches. The investigation, which was conducted by the Attorney General’s Criminal Enforcement and Financial Crimes Bureau, revealed that the ring has been in operation for at least four years.

The alleged ring leader was Tyrone Lee, 28, of the Bronx. Three of his co-conspirators – Nadia Figueroa, 23 and Kalika Arline, 29, of the Bronx and Venise Cole, 27, of Florida – were employed as bank tellers at Wachovia and JP Morgan Chase, Bank of America and TD Bank, respectively. Anthony Davis, 29, of the Bronx was in charge of manufacturing the fraudulent documents used by the ring to steal from the victims.

According to the indictment unsealed today in Westchester County Court, the three tellers routinely accessed the bank accounts of hundreds of customers to obtain personal and financial data. They then relayed that information to Lee and Davis, who used the information to create fake documents using the stolen customers’ information with, in some cases, the defendants’ own pictures. Those fake IDs were then used to withdraw money at bank branches in New York City, and Westchester and Orange counties, as well as Long Island, Connecticut and Massachusetts.

During the investigation, investigators used court-authorized wiretaps to intercept telephone calls and text messages. The defendants were overheard speaking in code about customer accounts, which they called “joints,” the “bands” of money they would steal (referring to $1000 stacks of cash) and the banks they  intended to target, including “touchdown” for TD Bank and “Yase” for JP Morgan Chase.

Among the New York bank branches whose customers were victims of identity theft are:

• JP Morgan Chase: 5 West Burnside Avenue, Bronx, NY
• HSBC: 1 East Fordham Road, Bronx, NY
• Bank of America: 50 West Fordham Road, Bronx, NY
• Bank of America: 206 Main Street, White Plains, NY
• JP Morgan Chase: 235 Main Street, White Plains, NY
• JP Morgan Chase: 410 South Broadway, Yonkers, NY
• Bank of America: 479 North Broadway, Jericho, NY
• Wachovia (now Wells Fargo): 43 North Plank Road, Newburgh, NY

The bank tellers arrested and arraigned today worked at the following branches:

• Kalika Arline worked at the Bank of America branch at 206 Main Street in White Plains.
• Nadia Figueroa worked at the JP Morgan Chase branch, at 235 Main Street, White Plains.
• Nadia Figueroa also worked at the Wachovia branch (now a Wells Fargo bank branch), at 43 N. Plank Road, in Newburgh.
• Venise Cole worked at the TD branch, at 6176 N U.S. Highway 41, in Apollo Beach, Florida.

Today’s indictment charges all five defendants with multiple felony counts of Grand Larceny, Identity Theft and Scheme to Defraud. Several are also charged with Criminal Possession of a Forged Instrument. As part of this investigation, search warrants were executed earlier this year at the residences of Lee and Davis. As a result, Lee was arrested and indicted in June for possession of a 9-mm. handgun recovered at his home. Davis was charged with prior counts of Criminal Possession of a Forged Instrument and Falsifying Business Records. If convicted, Lee and Arline each face up to 15 years in prison. Davis, Figueroa, and Cole each face up to 7 years behind bars.

The Attorney General plans to bring additional charges against these defendants and other members of the fraud ring.

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

The case is being prosecuted by Assistant Attorneys General Lana Milojevic and Rhonda Greenstein and Deputy Bureau Chief Meryl Lutsky of the Criminal Enforcement and Financial Crimes Bureau. The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Gary T. Fishman and the Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.

The investigation was conducted by Legal Support Analyst Theo Davidson, Investigators Steve Pratt, Vincent Gisonti, Sylvia Rivera, Israel Hernandez, Ryan Fannon and Dave Negron and Larry Riccio, Senior Investigator Dennis Maddalone, Supervising Investigator John Sullivan, and Deputy Chief Investigators John McManus and Greg Stasiuk.  The Investigations Division is led by Chief Investigator Dominick Zarrella.

NEW YORK – Attorney General Eric Schneiderman and San Francisco District Attorney George Gascón revealed that new iPhones sold with iOS 8 will include Apple’s theft deterrent system, Activation Lock, as a default setting.  This marks the first time in the history of the smartphone industry that theft deterrent technology is available by default on new products.

In addition to being standard on the new iPhone 6 and 6 Plus, newly-sold iPhones will also prompt users to upgrade to iOS 8.  Additionally, the new operating system can also be installed on most previous models of iPhones beginning today.
 
“After months of work with the Secure Our Smartphones Initiative, Apple has taken a significant step forward in our shared effort to make dangerous and often deadly smartphone thefts a thing of the past,” said Attorney General Schneiderman.  “By being the first manufacturer to make an effective theft deterrent a default setting on new products and making it available to customers using older products Apple is helping ensure the safety and security of their customers.  For smartphone theft deterrents to fully work, they need to be widely adopted thereby removing the economic incentive for stealing them in the first place, which is why I strongly encourage consumers to install all available theft deterrent options and why every manufacturer should move as quickly as possible make similar features a default setting for their products. ”

“This is a game changer,” said District Attorney George Gascón. “Apple device owners can look forward to a day in the near future when their smartphones won’t make them a target to opportunistic thieves. Apple products are the most commonly targeted smartphones, so deploying this technology on a default basis will safeguard almost all iPhone users in the years ahead. This is a major development that will change behavior on the street and eventually turn around this violent epidemic. In the meantime, it is essential that smartphone users remain alert, and that older iPhone users enable Find My iPhone.”  
 
Apple introduced Activation Lock with its iOS7 in September 2013.  Activation Lock makes it harder for anyone to use or sell any iPhone, iPad, or iPod touch if it’s ever lost or stolen.  With Activation Lock, any Apple ID and password are required before anyone can turn off Find My iPhone on a device, sign out of iCloud on a device or erase and reactivate a stolen device.  Thus, consumers can in essence “brick” their phones making them worthless to thieves.
 
As co-chairs of the Secure Our Smartphone (S.O.S.) Initiative – an international partnership of law-enforcement agencies, elected officials and consumer advocates – Attorney General Schneiderman and District Attorney Gascón led the effort to call on the wireless industry to address the global rise in smartphone thefts. The ultimate goal of SOS is for every mobile device to have a “kill switch” on by default.  A default solution is imperative because it ensures that the device will be worthless to thieves.
 
In a June 2014 report by the S.O.S. Initiative, new data showed that criminals now target devices not likely to be equipped with a kill switch.  In New York, London and San Francisco, robberies and grand larcenies involving iPhones plummeted following the release of Apple’s Activation Lock while violent crimes against people carrying phones without a kill switch surged. This demonstrated the importance of immediately implementing life-saving technology by all manufacturers. Because kill switches are mostly available on a solely opt-in basis, not enough consumers are signing-up. Kill switches must be a standard opt-out function on all phones and other mobile devices.

The Secure Our Smartphones Initiative is a groundbreaking coalition of state attorneys general, major city mayors, district attorneys, major city police chiefs, state and city comptrollers, public safety activists and consumer advocates from around the world. This initiative is working to encourage the industry to implement meaningful solutions that will end the national epidemic of violent thefts of mobile communications devices such as smartphones and tablets.

For more information on efforts by Attorney General Schneiderman and District Attorney Gascón to combat “Apple Picking,” visit the New York State Attorney General’s website and the San Francisco District Attorney’s website.

NEW YORK – Attorney General Eric T. Schneiderman today announced the arrest of Timothy Griffin, a Westchester real-estate attorney, for allegedly stealing from his own clients’ escrow account and using the money to help fund his family’s extravagant lifestyle. The Attorney General's investigation revealed that Griffin, who lives in Ridgefield, CT and practices in Bronxville, stole more than $1 million money from clients between April 2009 and February 2014, according to the criminal complaint and information made public at arraignment.  

As a real-estate attorney, Griffin’s clients would give him money to be held in escrow for pending transactions. Instead of keeping the money in escrow, as required by law, Griffin allegedly transferred it to his personal bank account and then used that money to make payments on: a membership at Westchester’s Waccabuc Country Club, a BMW, a Lexus, expensive jewelry and other personal expenses.

“Attorney-client privilege does not give lawyers the right to steal from clients in order to fund their own lavish lifestyle,” said Attorney General Schneiderman. “Clients must be able to trust their attorneys and abusing that trust is both unethical and illegal. Today’s arrest sends the message that there must be one set of rules for everyone.”

Today’s charges came to light following the Attorney General’s investigation into the theft of nearly $2 million from the not-for-profit United Hebrew Cemetery in Staten Island. In late 2012, Griffin was asked to serve as the Acting President of the Cemetery after the previous president and his wife were found guilty of embezzling approximately $850,000 (which was also an investigation conducted by the Attorney General’s office). In his capacity as Acting President, Griffin allegedly made six unauthorized wire transfers from the cemetery’s account to his own attorney escrow account totaling $1.9 million. (He was indicted earlier this year for felony Grand Larceny in that case.)

Investigators with the Attorney General’s Criminal Enforcement and Financial Crimes Bureau believe that Griffin stole from the cemetery in order to reimburse the escrow account from which he’d been stealing his clients’ money for years.

Griffin was charged today with seven counts of felony Grand Larceny. He was arraigned this morning in New Rochelle before the Honorable Susan Kettner. If convicted, he faces up to 25 years in prison on today’s charges in Westchester County. (He also faces up to 25 years in prison on the previous indictment.)

The charges against the defendant are allegations and he is presumed innocent until proven guilty in a court of law.

The Attorney General's Office thanks the New York State Department of State, Division of Cemeteries, for their valuable assistance in this case.

The case is being prosecuted by Assistant Attorney General Chin-Ho Cheng, with the assistance of Supervising Legal Analyst Paul Strocko of the Criminal Enforcement and Financial Crimes Bureau.  The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Gary T. Fishman and Deputy Bureau Chief Stephanie Swenton.  The Attorney General's Criminal Justice Division is led by Executive Deputy Attorney General Kelly Donovan.

The investigation was handled by Investigators Sixto Santiago and Ryan Fannon, Supervising Investigator Luis Carter and Deputy Chief of Investigations Vito Spano.  Also assisting in the investigation were Supervising Auditor Edward J. Keegan and Associate Auditor Matthew Croghan.  The Investigations Division is led by Chief Dominick Zarrella. 

NEW YORK – Attorney General Eric T. Schneiderman today announced that 46 states and the District of Columbia have reach a settlement agreement with Minnesota-based company Medtronic to resolve claims under the False Claims Act that Medtronic improperly induced physicians to recommend Medtronic devices to treat cardiac rhythmic disease. New York led a national team composed of members from Oregon, Texas and California to negotiate the settlement. The federal government settled its matter in May of this year.

“Physicians should determine the best course of treatment for their patients based on sound medical judgment, not on any special treatment that they may receive from a manufacturer,” Attorney General Schneiderman said. “Such conduct puts patients at risk and unfairly impacts those companies that follow the law. My office will vigorously pursue health care companies that try to improperly influence health care professionals.”

The agreement requires Medtronic to pay the settling states $362,362, which will go to those states’ Medicaid programs. The matter was brought by a whistleblower, Adolfo Schroeder, and was filed in U.S. District Court for the Eastern District of California. The Attorney General would like to thank Mr. Schroeder for bringing this matter to the government’s attention. Under the terms of the agreement, the New York Medicaid Program will receive $67,369.31.

This settlement concludes the investigation concerning Medtronic based on the allegations brought by Mr. Schroeder. In 2012, the states and Medtronic entered into a settlement agreement in which Medtronic agreed to pay the states $844,800. In that matter, New York received $201,148.20. In addition to Mr. Schroeder, the Attorney General would like to thank the Department of Justice and the United States Attorney’s Office for the Eastern District of California.

The national team was led by Jay Speers, Counsel to the New York Medicaid Fraud Control Unit. Stacey Millis, Supervising Auditor Investigator, was the national analyst, assisted by Michael LaCasse, Chief Auditor for the Civil Enforcement Unit, and Matthew Tandle, Senior Special Auditor/Investigator. The Medicaid Fraud Control Unit is led by Acting Director Amy Held. The Criminal Justice Division is led by Executive Deputy Attorney General Kelly Donovan.

NEW YORK – Attorney General Eric T. Schneiderman and New York State Police (NYSP) Superintendent Joseph A. D’Amico today announced the indictment of 41 people charged with operating two related drug trafficking pipelines that transported heroin between New York City; Providence, RI; Worcester, MA, and Syracuse, and cocaine from Puerto Rico to Syracuse. Nine members of the same Syracuse family helped run one of the rings, and one of those family members was involved in the second ring. The defendants were arrested today in a series of early morning raids in Syracuse, the Bronx, Manhattan, Ossining, NY, and Paterson, NJ.

“Heroin has become one of the deadliest forces attacking communities across New York and the country,” said Attorney General Schneiderman. “Takedowns like this one strike a significant blow to the criminal element of narcotics trafficking, particularly across Central New York. To protect our communities from the heroin scourge, we must wage war on several different fronts — by equipping our law enforcement officers with antidotes to overdoses and cracking down on prescription drug abuse to stem heroin addiction before it starts.”

“Our partnership with the Attorney General and the Organized Crime Task Force (OCTF) has once again resulted in shutting down a major drug operation – this one operating right here in Central New York,” said New York State Police Superintendent Joseph A. D’Amico. “The New York State Police remain committed to working with the Attorney General’s Office, and our partners in local law enforcement, to identify these dealers, shut down their operations and send a message loud and clear to anyone dealing these dangerous and deadly drugs -- we will find you and you will be held accountable.”

According to one of two indictments unsealed today in Onondaga County Court, the first drug ring comprised at least 19 individuals, 9 of whom are members of the same family. This ring allegedly imported cocaine from Puerto Rico and heroin from Worcester, MA, and Rochester to Syracuse, and then distribute it in and around the area. Over the course of the nine-month investigation, which was led by OCTF, NYSP and the Syracuse Police Department, authorities seized 29 bags of heroin, more than a kilogram of cocaine, a large quantity of prescription pills and several thousand dollars in cash in connection with this indictment.

The second and larger indictment accuses a group of 24 individuals, two of whom also participated in the first ring, of importing heroin from New York City and Rhode Island and cocaine from Puerto Rico into the Syracuse area for resale. Authorities seized more than a kilogram of heroin and three kilograms of cocaine, as well as over $75,000 in cash, from the investigation into this ring. Three members of this ring – Maria Rodriguez, Christopher Ramos and Jeyson Pizarro – are charged with Operating as a Major Trafficker, the most serious drug crime under New York State law, and face potential life sentences.

The two separate indictments charge 41 individuals with crimes including Operating as a Major Trafficker, various counts of Criminal Sale and Criminal Possession of a Controlled Substance (class A and B felonies), and Conspiracy to commit those crimes. The Operating as a Major Trafficker statute (§220.77 of the Penal Law of the State of New York), authored by Attorney General Schneiderman when he was a legislator, went into effect in November 2009 as part of reforms to the Rockefeller-era drug laws and is the only felony narcotics charge in the state that carries a possible life sentence.

Those charged in today’s two indictments are:

VINCENTE ALVAREZ-MEDINA of Ossining, NY
IRISAIDA BERMUDEZ of Syracuse, NY
JEAN CARLOS CALDERON of Syracuse, NY
DANIEL CARRASQUILLO of Syracuse, NY
LUIS CARRASQUILLO of Syracuse, NY
JOSE CASTRO of Bronx, NY
JENNIFER CEPEDA of Syracuse, NY
LUIS CHARLEMAN of Syracuse, NY
EDWIN COLON-LOPEZ of Syracuse, NY
LUIS CRUZ of Syracuse, NY
MARIO D. CRUZ-ALMONTE of Paterson, NJ
MOISES FIGUEROA-HERNANDEZ of Syracuse, NY
YELITZA MARQUEZ-ALEJO of Syracuse, NY
EZEQUIEL MARTINEZ of Syracuse, NY
JOSUE MARTINEZ of Syracuse, NY
JOSE MERCEDES of Bronx, NY
MARISELA ORNELAS of Syracuse, NY
(Minor, Name Withheld) of Syracuse, NY
ROBERTO OSORIO-COMACHO of Syracuse, NY
JEAN CARLOS OSORIO-PARRILLA of Syracuse, NY
AVINADERT VIDAL PEREZ of Aguadilla, Puerto Rico
GIOBANNY PEREZ-DOMINGUEZ of Paterson, NJ
JERRY PINEDA of Bronx, NY
JEYSON PIZARRO of Syracuse, NY
KENY PIZARRO of Syracuse, NY
CHRISTOPHER RAMOS of Syracuse, NY
RAFAEL NELSON RAMOS-MALDONADO of Bronx, NY
ALEX RIVERA of Paterson, NJ
ANGEL LUIS RIVERA a/k/a JIMMY RIVERA of Syracuse, NY
EDGAR RIVERA (Alejandro) of Syracuse, NY
IRIS RIVERA of Bronx, NY
JULIO RIVERA of Bronx, NY
MARIA RODRIGUEZ of New York, NY
MIGUEL RODRIGUEZ of New York, NY
NICOLAS RODRIGUEZ-REYES of Paterson, NJ
LUZ ROSARIO of Syracuse, NY
CARMEN SANABRIA of Bronx, NY
VICTOR SANCHEZ of Bronx, NY
ZACHARY SNYDER of Central Square, NY
JESSICA TEIXEIRA of Bronx, NY
JOE ALVAREZ VEGA of Syracuse, NY

The investigation was conducted by OCTF Special Investigator William Elsenbeck, Supervising Investigator Thomas M. Wolf and Deputy Chief Eugene Black from the Attorney General’s office; Investigator Luc France of the New York State Police Special Investigations Unit and Sobrina Vasquez of the New York State Police Community Narcotics Enforcement Team. The Attorney General’s Investigations Bureau is led by Chief Investigator Dominick Zarrella. Detective Raul Santana and Special Investigation Division Captain Timothy Gay of Syracuse Police Department were also integral to the investigation.

Several additional agencies participated in the investigation, including the Oswego County District Attorney's Office, Onondaga County Sheriff's Department, Onondaga County District Attorney's Office, Onondaga County Attorney’s Office, Onondaga County Probation Department, Syracuse Police Department, Camillus Police Department, Solvay Police Department, Rochester Police Department, Cortland County Sheriff's Department, United States Parole, United States Postal Inspectors, United States Border patrol and Syracuse University Police.

The case is being prosecuted by OCTF Assistant Deputy Attorney General and Senior Investigative Counsel James J. Mindell and Deputy Attorney General Peri Alyse Kadanoff. The Executive Deputy Attorney General for Criminal Prosecutions is 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.

Tomorrow in New York City, the UN Climate Summit will bring heads of state, business community leaders and activists together to push for action to protect our planet from climate change.

While the need for a response is urgent and felt every day in communities across the country, our leaders in Washington have failed to find a way past partisan gridlock and get something done. That is why I will be hosting a special program today on what our states and local communities can do, absent leadership from Washington. Because one thing is clear: We can’t afford to wait.

Here in New York, we are already seeing how climate change contributes to increasingly violent and extreme weather that has cost us dearly, in both damage and in lives.

Earlier this month, my office issued a report that demonstrated the toll that extreme rainstorms and floods are taking on communities all over the State. The report illustrates how our climate is changing and how climate change poses a clear and present danger to every New Yorker, every American and every citizen of every country on the globe.

A few examples of what a changing climate means for New Yorkers:

In 2009, severe thunderstorms dropped nearly 6 inches of rain in less than two hours in Cattaraugus, Chautauqua, and Erie counties, causing extensive flash flooding. Cattaraugus Creek rose from 6 to nearly 13 feet in less than hour, damaging over 400 structures and leaving many families homeless.

In 2011, Hurricane Irene dropped over 11 inches of rain in 24 hours on the Hudson Valley, eastern Adirondacks, Catskills and Champlain Valley, causing catastrophic flooding. Over 1 million people lost power, more than 33,000 had to evacuate, and 10 were killed. Damage estimates totaled $1.3 billion. 

One week later, Tropical Storm Lee dumped up to a foot of rain on the Southern Tier, then moved north into areas already reeling from Irene's devastation.

Last month, a stalled weather front dumped more than 13.5 inches of rain in a few hours on Long Island, flooding over 1,000 homes and businesses, opening massive sinkholes, and forcing hundreds to evacuate. That's almost as much rain as Long Island typically gets in an entire summer. Cleanup costs could exceed $30 million.

What is disturbing about these devastating storms is not just their historic nature; it's the fact that this kind of extreme weather is becoming all too common.

Historical weather data analyzed in my report revealed a disturbing increase in the intensity and frequency of storms across New York. In fact, the amounts of rain falling in 24-hour periods rose so dramatically between 1978 and 2007 that so-called 100-year storms now happen, on average, every 60 years.

The report also found that, based on the United States National Climate Assessment, if greenhouse gas emissions follow current trends, the frequency of extreme rainstorms that typically produce 4 to 6.5 inches of rain a day in New York is projected to increase on the order of 300 to 400 percent by century's end.

The bottom line is clear: Climate change is a reality, and it is having a real impact.

Unfortunately, despite the urgency of the situation, gridlock in Washington has forced state governments to step up to get greenhouse gases reduced and make our infrastructure more resilient.

That is why my Environmental Protection Bureau has worked aggressively and creatively to curb greenhouse emissions, protect critical infrastructure from a changing climate, and ensure clean air and water for every New York community.

It is why we proposed legislation to require electric and gas utilities to incorporate storm hardening into their planning.

The time has come to join together to demand immediate action if we are to overcome the challenges of climate change, and ensure a safer, healthier, more sustainable state, nation and world for the present and the future.

NEW YORK – Attorney General Eric T. Schneiderman today issued tips to help consumers avoid potential scams ahead of Derek Jeter’s final Major League Baseball games. With the Yankees shortstop, future Hall of Famer, and five-time world champion set to play what will likely be his final game at Yankee Stadium on Thursday, and his final professional baseball game on Sunday in Boston, news reports are already highlighting the enormous demand for tickets and the potential for counterfeit tickets at these events.  Attorney General Schneiderman’s consumer protection tips are intended to help New Yorkers avoid scams when they purchase tickets for major events secondhand.  
 
“Unfortunately, major events tend to attract major scammers,” said Attorney General Schneiderman.  “As New Yorkers, we are all preparing to give Derek Jeter the warm and heartfelt goodbye he deserves as his Hall of Fame career comes to an end.  Consumers who are hoping to honor Jeter in person by attending his final games should take steps to protect themselves from people trying to sell counterfeit tickets and other scammers.  
Exercising a few basic precautions can mean the difference between enjoying this momentous occasion and being scammed out of hard-earned money.”

Historically, major sporting events and concerts have seen spikes in scams aimed at duping consumers.  For example, when the Super Bowl was played in the New York City area last year, hundreds of fake tickets and tens of millions of dollars in counterfeit merchandise were seized by law enforcement officials.  
 
When purchasing tickets secondhand, consumers should:

• Check to see if the venue, sports team, or event has an official, verified source for buying and reselling tickets. The New York Yankees have an officially sanctioned ticket exchange that can be accessed online here.
• Be wary of tickets that are printed at home. Even though a ticket looks authentic, it may not be.  Many venues allow consumers to print tickets from their personal computers.  Scammers can sell the same ticket to multiple buyers.  Based on the bar code, only the first buyer to show up at the venue will get in.  Counterfeiters can also reproduce bar codes – you may get into the venue, but then the real ticket holder shows up and you have to leave. When possible, seek out tickets printed by the venue.
• Be wary of ticket prices that are too good to be true and of any high-pressure sales tactics.  Ask questions of the seller to verify that the tickets are legitimate.  Ask to see their proof of purchase. If the deal seems too good to be true, it probably is.
• Avoid paying for tickets by cash, wire transfer or pre-paid money transfer.  If the tickets turn out to be fake, it is highly unlikely you will get your money back.  If you pay by credit card or PayPal and the tickets turn out to be fake, you can dispute the charge.
• If you buy from an online ticket broker, check out its reputation first through the Better Business Bureau and consumer complaint sites.  Tickets from reputable online brokers may be expensive, but they may come with added protections.  For example, some brokers will provide replacement tickets or full refunds if the tickets turn out to be fake.
• Fake ticket scams are more common for popular events, when the demand is high.

If you believe you are the victim of a scam, you can contact Attorney General Eric Schneiderman’s Consumer Frauds Bureau by calling 1-800-771-7755 or clicking here.

NEW YORK – Attorney General Eric T. Schneiderman and New York State Education Department Commissioner John B. King, Jr., today announced a joint initiative on student bullying and harassment. As part of that initiative, the Office of the Attorney General and the State Education Department issued a survey today to all 700 school districts in New York seeking information on steps and actions they have taken to implement core provisions of the Dignity for all Students Act.  The Dignity Act is New York’s first comprehensive statewide anti-bullying legislation and stands as a powerful tool against discrimination and harassment in public elementary and secondary schools. The results of the survey will be used to identify steps that schools have taken and to model policies and practices being implemented by districts to help ensure that students are provided with safe school environments free from harassment, bullying, and discrimination.
 
“Students cannot learn when they live in fear of being harassed and bullied at school,” Attorney General Schneiderman said. “This survey will explore the steps New York school districts are taking to put the Dignity Act into effect. I am pleased to partner with our state’s Department of Education in this effort to make sure that all of our students have the safe and welcoming learning environments they deserve.”

New York State Commissioner of Education John B. King, Jr., said, “We’ve all seen the hurt and suffering bullying can cause to our students.  There’s no place anywhere for that kind of behavior, but it’s even more disturbing in our schools.  Schools must be a refuge, a safe place for children to learn without fear.  We’ll continue to work with Attorney General Schneiderman to protect all of our students.”

New York State Assembly Member Daniel O’Donnell, the Dignity Act’s author and sponsor, said, “Bullying is a pervasive and damaging problem facing New York’s and the nation’s children. I welcome this initiative to identify how the Dignity Act’s guidelines are succeeding in the real world, and to help schools comply with the Dignity Act. The Dignity Act helps schools across the state discourage discrimination and harassment. This summer, I began a review of New York City’s implementation and found that while there’s progress, it is uneven, and much more needs to be done to improve awareness and support for schools making changes. It will take a great many people working together, from the schools themselves all the way up to the state level, to create the kind of productive conversation and lasting positive change we need.”

State Senator Brad Hoylman said, "Recent studies show that a majority of LGBT youth have been bullied at school, including verbal harassment and physical violence. That’s why Attorney General Schneiderman’s and State Education Commissioner King’s joint effort to combat student bullying is so important. By taking stock of New York’s anti-bullying law, the Dignity for All Students Act, this initiative will help get school districts the support they need to implement DASA and protect our kids.” 

The Act, which became law in 2010, requires that school districts (i) modify their Code of Conduct to include prohibitions on harassment, bullying, and discrimination, and disseminate the updated code to students and their parents, (ii) train school employees on topics of bullying, harassment, and discrimination, (iii) designate Dignity Act Coordinators for each district school, and (iv) provide students with instruction intended to discourage harassment, bullying, and discrimination.

The collaborative survey will identify the steps that districts have taken to comply with the Dignity Act’s  requirements while illuminating successful strategies that have been put in place since the law’s implementation. The results of the survey will also be used to help determine the kind of technical assistance that districts may need to ensure that they are fully meeting their obligations to provide safe learning environments for all students.  

The Act became law in 2010, with an effective date of 2012 for its major provisions.  In the decade leading up to the bill’s passage, awareness grew nationally about the epidemic nature of bullying within schools.  In 2009, more than 7 million U.S. students ages 12 to 18 – 28 percent – reported being bullied at school.  A 2011 survey of New York high school students revealed that nearly 18 percent had been bullied on school property.  Prior to passage of the Dignity Act, only 1 in 5 students in New York State attended a school with a comprehensive anti-bullying and anti-harassment policy.
 
Empire State Pride Agenda Executive Director Nathan M. Schaefer said, “Every young person has a right to an education without fear of bullying. September is Suicide Prevention Month, an appropriate time to investigate the bullying in our schools that can lead LGBT youth to feel unsafe and sometimes, sadly, to take their own lives. We’re proud of the leadership role we played in the passage of the Dignity for All Students Act and know that a law is only as good as its implementation. We commend Attorney General Eric T. Schneiderman and New York State Education Department Commissioner John B. King, Jr., for taking up this important cause to identify where we need to do a better job of protecting our students from bullying.”
 
Donna Lieberman, executive director of the New York Civil Liberties Union, said, “The NYCLU welcomes the AG-SED survey as an important measure to help schools prevent bullying and bias-based harassment. It provides the first comprehensive review of how the Dignity Act is being implemented statewide and will offer examples of both successes and challenges. By providing technical support for schools that identify challenges, the AG-SED initiative will help schools meet their obligations under DASA to create a positive educational climate.”
 
Evan R. Bernstein, New York Regional Director of the Anti-Defamation League, said, “There is no place for bullying or harassment in our schools. We commend the Office of the Attorney General and the Department of Education for taking these essential steps to ensure that the Dignity Act is being used to its greatest potential. ADL looks forward to working with Attorney General Schneiderman and Commissioner King on this important initiative.”

The survey requests that districts provide information within six weeks of receipt of the questionnaire.  After an opportunity to review information provided by districts, the initiative will provide technical assistance, where needed, to school districts. A copy of the survey sent today is available here and a letter sent to school districts here.

This initiative is part of a new partnership, launched in the 2014-15 academic year, between the Attorney General’s Office and the New York State Education Department to jointly promote equal educational opportunity across New York State.  In addition to the joint initiative on bullying and harassment, the Attorney General’s Office and the Department of Education are also working together to promote broad compliance with various state and federal civil rights requirements.

This matter is being handled by Assistant Attorney General Justin Deabler and Bureau Chief Kristen Clarke of the Civil Rights Bureau. Executive Deputy Attorney General for Social Justice is Alvin Bragg.

The Attorney General's Office is committed to ensuring access to equal educational opportunity. To file a complaint, contact the Civil Rights Bureau at (212) 416-8250, civil.rights@ag.ny.gov or visit www.ag.ny.gov.

BUFFALO – Attorney General Eric T. Schneiderman today announced the arrest of two employees of Erie County Medical Center Skilled Nursing Facility (now known as Terrace View Long Term Care Facility) in Buffalo, following an investigation into their treatment of a nursing home resident. The investigation, which relied on a hidden camera placed in the patient’s room, revealed an alleged pattern of neglect. The two nursing assistants are charged with a variety of felony and misdemeanor counts in Buffalo City Court.

“Nursing home residents are among our state’s most vulnerable citizens, and the neglect that the victim in this case suffered is reprehensible,” Attorney General Schneiderman said. “Today’s arrests send a clear message that my office will not tolerate anyone being neglected by those responsible for their care, and we will use every tool in our arsenal, including hidden cameras, to ensure that those most in need of help are safely cared for and treated with respect and dignity.”

The victim in this case, identified in court papers only as “MH” in order to protect her privacy, is a 79-year-old resident who suffers from Alzheimer’s disease and dementia. She is non-ambulatory and totally dependent on nursing staff of the facility, located at 462 Grider Street, for her care.

As alleged in the felony complaint, video footage recorded by the Attorney General’s Office revealed that Donna Laury, 48, and Nakeia Green, 35, both certified nurses' aides from Buffalo, violated the resident’s personal care plan by failing to use two people when performing incontinence care and failing to use a mechanical lift to transfer the resident. On occasions when the aides did use a mechanical lift, they failed to use two people to operate it.  The aides then allegedly falsified documents in an effort to conceal their neglect.

The nurses' aides are charged with Falsifying Business Records in the First Degree (class E felony), Endangering the Welfare of an Incompetent or Physically Disabled Person (class A misdemeanor) and Wilful Violation of Public Health Laws (unclassified misdemeanor).  A class E felony carries a prison sentence of up to four years.

Attorney General Schneiderman thanks the Erie County Medical Center Corporation for its cooperation and assistance with this investigation.

The charges are merely an accusation and the defendants are presumed innocent until and unless proven guilty in a court of law.

The case was investigated by Investigators Katie O’Neill and Scott Barnes, and former Supervising Special Auditor/Investigator Raymond August, Medicaid Fraud Control Unit (MFCU) Buffalo Regional Chief Kathleen Donahue and MFCU Deputy Chief Investigator William Falk. The case is being prosecuted by Special Assistant Attorney General Thomas N. Schleif of the MFCU Buffalo Regional Office. Gary A. Baldauf is the Regional Director of the MFCU Buffalo Regional Office. Catherine Wagner is the Chief of Criminal Investigations-Upstate. The Medicaid Fraud Control Unit is led by Acting MFCU Director Amy Held. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.

HAUPPAUGE – Attorney General Eric T. Schneiderman today announced the arrest of Nasreen Kader, a psychiatrist, on charges she unlawfully sold prescriptions for controlled substances in the course of her professional practice, without a legitimate medical purpose.  The investigation was opened by the Attorney General’s office after two Long Island families complained that Kader was over prescribing highly addictive controlled substances to their family members.  The felony case lodged against the Suffolk County doctor charges that she repeatedly offered prescriptions for Xanax and Klonopin, powerful tranquilizers used to  treat anxiety disorders, and Ritalin, a stimulant prescribed for concentration disorders including Attention Deficit Hyperactivity Disorder, to undercover Attorney General investigators posing as patients who sought the drugs for illegitimate purposes.
 
“Doctors swear to save lives, and must be stopped if they are found to be feeding the prescription drug addiction epidemic that is devastating families across New York and across our country,” Attorney General Schneiderman said. “A drug dealer is a drug dealer, whether they work on the street or inside a doctor’s office. We will use every tool at our disposal to bring criminal charges against those who endanger our citizens by fueling dangerous addictions to prescription medications.”

Kader, 48, of Central Islip, was arraigned today in Suffolk County Court before the Judge Paul Hensley, on fifteen counts of Criminal Sale of a Prescription for a Controlled Substance, a class C felony. She faces up to 5 ½ years behind bars on each count.
 
According to a criminal complaint, between August 2012 and September 2013, Kader met with undercover agents posing as patients on 12 separate occasions at her Suffolk County office, at 228 Carroll Avenue in Ronkonkoma. Each time, Kader gave prescriptions to her “patients” for Xanax, Klonopin and/or Ritalin, which are among the most frequently abused prescription medications on the market today. She offered the prescriptions after engaging in only brief visits with the “patients,” some lasting a minute or less,” without conducting a medical history, physical assessment, or psychological evaluation of their symptoms, and in disregard for the “patient’s” behavior, which included statements that the drugs were being unlawfully shared with others.

Kader also maintained offices in Holbrook, at 223 Union Avenue. The doctor surrendered her license in June to the state Department of Health’s Office of Professional Medical Conduct, based upon a finding that she had inappropriately prescribed and overprescribed controlled substances to numerous patients.

In 2012, the New York State legislature unanimously passed Attorney General Schneiderman’s landmark Internet System for Tracking Over-Prescribing Act, or I-STOP. I-STOP requires doctors to review a patient’s prescription drug history and update it, in real time, when writing prescriptions for certain controlled substances. Had such a system been in place at the time Kader committed her crimes, authorities could have more quickly detected these crimes. 

Attorney General Schneiderman thanked the New York State Department of Health, Bureau of Narcotics Enforcement and Office of Professional Medical Conduct for their assistance in this investigation.

The charges against the defendant are accusations and Kader is presumed innocent unless and until proven guilty in a court of law.
 
The investigation was conducted by MFCU Investigator George Feliciano, Supervising Auditor Investigator John Grunenberg and Associate Special Auditor Investigator Gretchen Hugh, with assistance from Hauppauge’s Regional Chief Investigator Greg Muroff and Chief Auditor Margaret McArdle.
 
The case is being prosecuted by Special Assistant Attorney General Lara Merchan of the Attorney General’s Medicaid Fraud Control Unit. Jane Zwirn-Turkin is the Regional Director of the MFCU’s Hauppauge Regional Office. Thomas O’Hanlon is MFCU’s Chief of Criminal Investigations – Downstate. The Medicaid Fraud Control Unit is led by Acting Director Amy Held. The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan.