NEW YORK – Attorney General Eric Schneiderman today asked New York’s colleges and universities to help combat the so-called “grandparent scam,” where perpetrators impersonate relatives in need and then dupe unsuspecting seniors into sending them money. The scam involves a call to a senior citizen in which the caller impersonates a grandchild claiming to be in serious trouble and asks the unsuspecting grandparent to wire money immediately. The Federal Trade Commission recorded more than 40,000 incidents of grandparent scams from 2010 to 2013 and the scam is widely considered to be underreported.

In the letter sent Wednesday to the presidents and deans of 86 SUNY and CUNY schools and an open letter to the administration of New York’s private institutions, the Attorney General warns that the grandparent scam tends to increase in frequency during school breaks, like the upcoming December/January vacation, when it is especially believable that a grandchild would be traveling. Often, the scammer will pose as a grandchild in college, claiming to be in legal trouble or even physical danger.

“It is despicable that these scammers abuse the love that grandparents have for their grandchildren to dupe them into thinking they are helping a family member,” Attorney General Schneiderman notes in the letter. He continues: “with the holidays approaching and winter vacation around the corner … my hope is that you can help us make your students and their families aware of the scam.”

Last month, the Attorney General launched an intergenerational initiative, “Grandkids Against The Grandparent Scam,” to get older adults the information they need to avoid becoming victims. Given the tendency of scammers to impersonate college students as part of this scam, the Attorney General has asked all of New York’s higher-education institutions to make their students aware of the initiative. The program provides students with specifics about how the scam works and an informational brochure to share with their parents and grandparents. The brochure offers students a script and other tips to warn their grandparents about this dangerous scam. Some of the tips include: 

• Be suspicious of anyone who calls unexpectedly asking you to wire money.
• Verify any supposed emergency, by calling friends and family, before wiring money.
• Develop a secret code or "password" with family members that can be used to verify a true emergency.
• Limit personal information, such as vacation plans, shared on social media sites.

The Attorney General is asking the schools to distribute the brochures to as many students as possible and offering to have his statewide elder abuse coordinator speak directly to students about how they can best protect their families.

A copy of the “Grandkids Against The Grandparent Scam” brochure is available here.

A copy of the letter is available below:

November 18, 2014

With the holidays approaching and winter vacation around the corner, I am writing to make you aware of an increasingly prevalent phone scam and to ask for your help with a new initiative my office has undertaken to combat it. My regional offices across the state have reported a rise in the so-called “grandparent scam.”  The scam involves a call to a senior citizen in which the caller impersonates a grandchild claiming to be in serious trouble.  The caller then asks the unsuspecting grandparent to send money. Victims of these phone scams have lost almost $450,000 over the last several months.

The grandparent scam tends to increase in frequency during school breaks, like the upcoming December/January vacation, when it is especially believable that a grandchild would be traveling. Often, the scammer will pose as a grandchild in college and tell the grandparent that they are in legal trouble or even physical danger. They will ask the unsuspecting grandparent to wire money immediately and, as a means of avoiding detection, ask the victim not to tell other family members about the situation. For example, a caller might say: “I’m in Canada and I’m trying to get home but my car broke down and I need money right away to get it fixed.” Or s/he may claim to have been mugged, to have been in a car accident or to need money for bail or customs fees to get back into the United States from another country. It is despicable that these scammers abuse the love that grandparents have for their grandchildren to  dupe them into thinking they are helping a family member.

Last month, to help prevent unsuspecting seniors from being victimized by this all-too-common scam, my office launched a program titled “Grandkids Against the Grandparent Scam.”  This intergenerational program represents an innovative approach to getting our older adults the information they need to avoid becoming victims. The initiative provides students with specifics about how the scam works and an informational brochure that they are then encouraged to share with their parents and grandparents.

My hope is that you can help us make your students and their families aware of the scam. Please access the brochure here and distribute it to as many students as possible. For anyone interested, our statewide elder abuse coordinator, Gary Brown, would also be happy to speak directly to your students about the scam and how they can best protect their families.

For more information or if you have questions about the program and how you can help, please contact Gary Brown at 914-422-8755 or gary.brown@ag.ny.gov.

Sincerely,

Eric T. Schneiderman

NEW YORK – Attorney General Eric T. Schneiderman and New York City Police Commissioner William J. Bratton today announced the takedown of a high-volume gun trafficking ring that allegedly funneled firearms from Florida to New York City, often beneath Chinatown buses.  According to the 196-count felony indictment made public today, the investigative team seized more than 70 illegal guns bought at gun shows in Florida, many of which were then resold in New York for up to four times their original price. As a result of the investigation, known as “Operation Midnight Run,” eight members of the ring were charged today with numerous counts of conspiracy, criminal possession and criminal sale of firearms. If convicted, seven of the eight defendants face up to 25 years in prison. 

“Gun-trafficking rings fuel the epidemic of gun violence that is killing children and families across New York and the United States,” said Attorney General Eric Schneiderman. “We must do absolutely everything in our power to keep deadly weapons out of the hands of criminals. We have strong gun control laws in New York State and sensible, cooperative solutions like the Model Gun Show Procedures to ensure background checks on anyone purchasing a firearm at a New York gun show.  Preventing criminals from circumventing these measures by illegally shipping dangerous weapons into our communities is literally a matter of life or death.”

New York City Police Commissioner William J. Brattonsaid, “This investigation demonstrates the demand for illegal guns in our city and the continued commitment of the New York City Police Department and the New York Attorney General’s Office to intercept these weapons before they are used to commit violent crimes.  Thanks to these collaborative efforts, we very likely prevented a life from being taken by one of these firearms.” 

The joint investigation, led by the Attorney General’s Organized Crime Task Force and the NYPD’s Firearms Investigation Unit, began this past spring. According to the indictment, the ring was led by Natasha Harris – who regularly traveled from her Brooklyn apartment to gun shows in Florida to purchase guns for resale – and Quincy Adams, who helped finance the ring’s purchases and personally transported some of the weapons back to New York City. 

Earlier this year, an undercover investigator began purchasing guns directly from the alleged ringleader and, subsequently, electronic surveillance was used to monitor the ring’s activity. The surveillance revealed that ring members communicated regularly, often sending each other text messages that included photographs of the guns for sale. In less than three months, an undercover investigator purchased 33 guns from the ring in 11 separate face-to-face transactions conducted in Brooklyn. The undercover led the defendants to believe that he intended to resell the weapons to his own customers.

Between May and November of this year, the two ringleaders and other defendants made several trips from New York City to Florida. Harris and others, including a Florida-based straw-buyer, would allegedly purchase multiple guns from multiple shows. The ring would then transport the weapons back to New York primarily by stowing them beneath commercial buses – including the Star Line bus company – bound for Manhattan’s Chinatown, according to the indictment. 

For example, as alleged in documents made public today, the investigation revealed that on October 24th, Harris drove from Brooklyn to Florida. Over the next two days, she and some of her co-defendants (along with Harris’s grandmother and two young children) attended the Orlando Gun Show and Bunnell Gun Show, purchasing several guns at each show. On the afternoon of October 26th, Harris and Octavio Batista met the ring’s female courier at the Orlando Bus Depot (5144 West Colonial Drive, Orlando) and placed a purple suitcase full of firearms they’d purchased in the luggage compartment of an overnight Star Line bus #9597, headed to Chinatown (95 Canal Street, Manhattan). The courier then boarded the bus. On the morning of October 27th, the New Jersey State Police, working in coordination with ‘Midnight Run’ investigators, stopped the bus at the New Jersey Turnpike’s Joyce Kilmer rest area (in East Brunswick, N.J.) and seized the purple suitcase, which contained 33 firearms.

Firearms sales charged in the indictment ran the gamut from .22 caliber pistols to assault weapons. Other guns allegedly sold by the ring include:

• Mossberg .22 caliber semi-automatic pistol
• Sig Sauer 9mm semi-automatic pistol
• Glock 9mm semi-automatic pistol
• Smith & Wesson 9mm semi-automatic pistol
• Rock Island Armory .45 caliber semi-automatic pistol
• Taurus .45 caliber semi-automatic pistol
• Beretta .40 semi-automatic pistol
• Smith & Wesson .380 caliber semi-automatic pistol
• Steyr 9mm semi-automatic pistol
• Hi-Point .45 caliber semi-automatic pistol
• Taurus .40 caliber semi-automatic pistol (stainless steel) 
• Keltec 9mm semi-automatic pistol 
• SCCY 9mm semi-automatic pistol
• Lorcin .380 caliber semi-automatic pistol
• North American Arms .22 caliber revolver
• Charter Arms .38 caliber revolver
• Colt .38 caliber revolver
• Interarms .357 caliber pistol
• Rossi .22 caliber revolver, among dozens of others. 

Approximately 18 of the guns seized had the serial numbers filed off, making the weapons untraceable. Investigators are in the process of tracing the other weapons. 

“Operation Midnight Run” highlights the lax procedures at gun shows across the country and the need for New York’s Model Gun Show Procedures to be adopted by other states. For example, Florida law requires anyone purchasing a gun at a Florida gun show to be a resident of that state. On numerous occasions, Natasha Harris – a resident of Brooklyn, N.Y. – was able to purchase multiple guns at Florida shows because no background check was performed. 

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 would not be eligible to legitimately purchase guns at those shows. 

The Model Procedures go beyond the requirements of New York’s gun show laws, including a process that ensures 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. Today, nearly every gun show in New York State employs Model Gun Show Procedures voluntarily.

The indictment unsealed today charges the following defendants:

• Natasha Harris, 33, of Brooklyn
• Quincy Adams, 35, of Brooklyn
• Octavio Batista, 25, of Brooklyn
• Michelle Cantres, 24, of Brooklyn
• Draxel Clarke, 32, of Brooklyn
• Deryl Springs, 36, of Queens
• Michael Liburd, 24, of Florida
• Unidentified Female Courier

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

The Attorney General would like to thank Kings County District Attorney Kenneth Thompson and his office for their cooperation with this case.

The investigation was directed by OCTF Investigator Brian Fleming and Supervising Investigator Paul Grzegorski, with the assistance of OCTF  Investigator Mary Laspina and OCTF Deputy Chief Christopher Vasta, and by Detective Ted Wendling of the NYPD’s Firearms Investigation Unit under the supervision of Lieutenant Michael Jennings, Captain Robert Van Houten, commanding officer of the Firearms Investigation Unit, Captain Brian Gill, commanding officer of the Firearm's Suppression Division, and the overall supervision of Chief Thomas P. Purtell, Organized Crime Control Bureau, NYPD.  Chief Dominick Zarrella is the head of the Attorney General’s Investigations Bureau. The case is being prosecuted by OCTF Assistant Deputy Attorney General Diego Hernandez.  Deputy Attorney General Peri Alyse Kadanoff runs the Attorney General’s Organized Crime Task Force. The Executive Deputy Attorney General for Criminal Justice is Kelly Donovan.

NEW YORK – Attorney General Eric Schneiderman today announced that his office received an order of the Supreme Court, Oneida County, to permanently shut down and dissolve Lucky Dog Rescue of Mohawk Valley, Inc. The group illegally raised funds from the public as a dog rescue shelter for abused, abandoned, and neglected dogs. 

The Attorney General brought the proceeding to dissolve Lucky Dog Rescue and to enjoin the group, its registered agent Jan Miller, and others acting on the group’s behalf from the solicitation, receipt and use of donated funds, and for an accounting of any and all funds received, for restitution and repayment of funds received by Lucky Dog Rescue, and for the corporation’s dissolution. Records reviewed during the course of the investigation revealed that thousands of dollars had been received from the public with few animals benefiting.

“Unregistered organizations that take advantage of the charitable spirit of New Yorkers do a disservice to the causes they claim to support,” said Attorney General Schneiderman. “Those who donate to charitable organizations should have every confidence that their money is going towards its intended purpose, and our office will hold people accountable when they betray the trust of donors and the communities they serve.”

The proceeding was based on the organization’s persistent and active solicitation of charitable contributions from the public while having failed to register as a charitable agency with the New York State Attorney General’s Office. The group also failed to file the necessary annual reports and financial audits with the Attorney General's Office. The group was in violation of New York's Not-for-Profit Corporation Law, Estates, Powers & Trusts Law, and Executive Law. The organization also lacked IRS 501-c-3 status. In its fundraising solicitations, the organization improperly advised those donating their donations were tax deductible. A restitution hearing will be scheduled by the court.

Consumers can check out Attorney General Eric Schneiderman’s Pennies for Charity website to find out how charitable donations are used. Users can search for the name of a charitable organization and see the gross receipts of the charity, the net amount going towards charitable purposes, and the percent being retained for the charity. The database is accessible online here.

This case is being handled by Assistant Attorney General James Williams in the Utica Regional Office and Investigator Joseph Kelly, with support from Executive Attorney General for Regional Offices Marty Mack.

NEW YORK – Attorney General Eric T. Schneiderman issued the following statement regarding the decision by the Taxi and Limousine Commission (TLC) to revise a proposed rule that would have required dispatchers to agree in writing before for-hire drivers could accept rides from rival bases. In response to that proposal, on November  7, 2014, Attorney General Schneiderman wrote to the TLC expressing his concern about the rule and its potentially anticompetitive consequences. The Commission has since revised its proposed rules and eliminated the inter-base agreement requirement:

“I applaud Commissioner Joshi and the Taxi and Limousine Commission for revising its proposed rules to promote competition and innovation in the for-hire vehicle industry. By allowing for-hire drivers to accept dispatches from multiple bases, the TLC will increase driver efficiency, lower the costs of entry for new services, and encourage more competition in the taxi industry. I want to thank Commissioner Joshi for incorporating feedback on this proposal, and pushing to implement smart, forward-looking regulations.”

NEW YORK - Attorney General Eric T. Schneiderman today announced the felony conviction and sentence of a Long Island man who spent years stealing from customers by pretending to be a legitimate insurance agent. Darren Downes, who defrauded clients and insurance companies by submitting hundreds of fraudulent auto insurance policies, was convicted of fraud and identity theft and sentenced to up to four years in prison. 

Downes admitted to charging customers hundreds of dollars each to submit policy applications on their behalf to auto-insurance companies like Progressive and GEICO, promising to get them a better policy than they could get on their own.  He then falsified customer information, using stolen social security numbers, incorrect zip codes and fictitious professional and educational backgrounds to obtain discounted policies. When insurance companies discovered the false information, Downes’ unsuspecting customers found their policies cancelled or were forced to pay significantly higher premiums. Downes fraudulently obtained approximately $75,000 in policy application fees from customers. 

"All New Yorkers pay a price for insurance fraud, which drives up premiums across the board,” Attorney General Schneiderman said. "This sentence sends a clear message: this office will prosecute anyone who breaks the law to take advantage of unsuspecting customers for personal profit."

Downes, 33, of Baldwin, pleaded guilty on July 1, 2014 in Nassau County Court to Scheme to Defraud in the First Degree, a Class E felony, Identity Theft in the First Degree, a Class D felony and Grand Larceny in the Third Degree, a Class D felony.  

Downes was sentenced Wednesday by Judge Paradiso to 1 1/3 to 4 years in prison, and a judgment was entered against him for an $85,000 fine.

The Attorney General thanks GEICO, Progressive, the New York State Department of Financial Services and the National Insurance Crime Bureau for their valuable cooperation in this investigation.  

The case is being prosecuted by Assistant Attorney General Irwin Weiss of the Criminal Enforcement and Financial Crimes Bureau's Auto Insurance Fraud Unit, with the assistance of Legal Analyst Christopher Michel.  The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Gary Fishman 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.

The Attorney General's investigation was conducted by Investigator Patrick Lubin of the Auto Insurance Fraud Unit, under the direction of Supervising Investigators Edward Keegan and Natalie Shifrin and Deputy Chief Leonard D'Alessandro. The Investigations Bureau is led by Chief Dominick Zarrella.

NEW YORK -- Attorney General Eric T. Schneiderman today announced the conviction and sentencing of Leonid Fridman for failing to pay legally required wages to his workers on a Port Authority of New York and New Jersey construction project. Fridman pled guilty to the felony crimes of grand larceny in the second degree and violation of prevailing wage requirements of New York State Labor Law.  As a condition of the plea, Fridman agreed to pay $200,000 in restitution to underpaid workers and prohibition from working on public works projects for five years.  Fridman was sentenced to five years of probation.

“Mr. Fridman is being held accountable for stealing wages from workers who renovated parts of JFK,” Attorney General Schneiderman said. “My office will continue to take strong action, including filing criminal charges, against employers who violate New York’s labor laws, steal taxpayer dollars and violate the public trust.” 

Based upon court filings and statements in court, Fridman, 60, owned and operated Millennium Commercial Corp., a Brooklyn-based company that performed tile work. The defendant and his company, located at 200 Brighton 15th St., performed tile restoration work as a subcontractor on the renovation of the TWA Flight Center at John F. Kennedy Airport in 2009 and 2010. Under the Port Authority contract for the project and the Labor Law, the defendant was required to pay his employees over $50 per hour for Laborers and Mason Tenders and over $70 per hour for Tile Setters. Fridman was aware that he was required to pay the prevailing wages but still paid some of his workers as little as $10 per hour. 

To avoid detection, Fridman filed false certified payroll reports stating he paid his workers the prevailing wages, and also issued paychecks to the workers that matched those payroll reports. 

Michael Nestor, Inspector General for the Port Authority of NY & NJ, said, "Companies doing business with municipalities, state agencies and authorities are legally bound to pay their employees the fair and prevailing wage.  In this case, the defendant chose to enrich himself at the expense of his own workers. Today’s sentencing will serve notice to all contractors that the Port Authority of NY & NJ will not tolerate wage fraud or any other criminal misconduct on public projects.  The Port Authority Office of Inspector General and its Law Enforcement partners will aggressively identify, investigate and bring to justice those who corrupt the integrity of the construction industry.”

Fridman pled guilty to one count each of Grand Larceny, a class "C" felony, and  Failing to Pay the Prevailing Wage in violation of Labor Law § 220(3)(d)(i)(3), a class "D" felony. 

New York's prevailing wage law seeks to ensure that government contractors pay wages that are comparable to the local norms for a given trade. The law requires an hourly rate for construction work performed for public agencies, along with benefits, and also higher wages for overtime, weekends or work at night.

The Honorable Dorothy Chin-Brandt of Queens Supreme Court sentenced the defendant to 5 years of probation and to pay $200,000 in restitution for the workers he underpaid. 

This case was investigated by Investigator Robert Ward, Investigator Mark Fionda and Forensic Auditor Tiffany Coles of the Port Authority of New York and New Jersey Office of the Inspector General, under the supervision of Acting Director of Investigations Steven Pasichow and Assistant Director of Investigations Salvatore Dalessandro and Supervisory Police Investigator Jeffrey Schaffler.

The Attorney General thanks the Port Authority of New York and New Jersey Office of the Inspector General for its investigation and assistance in the prosecution.

New York Office of the Attorney General Supervising Investigator Luis Carter and Deputy Chief Vito Spano also participated in the investigation. 

The case was prosecuted by Assistant Attorney General Benjamin Holt. The Labor Bureau Section Chief is Richard Balletta.  The Bureau Chief is Terri Gerstein, and the Bureau is overseen by Executive Deputy Attorney General for Social Justice Alvin Bragg.

NEW YORK– In the wake of President Obama’s executive action on immigration, Attorney General Eric T. Schneiderman today issued a consumer alert warning undocumented immigrants to beware of potential scammers offering immigration services. It is estimated that the president’s executive action will impact an estimated five million individuals, by expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.  In addition, the new executive order will allow parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks.  In addition, the order will expand the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.

"I welcome President’s Obama Executive Order, which will provide millions of undocumented immigrants the opportunity to come out of the shadows and stop living in fear,” Attorney General Schneiderman said. “Unfortunately, we know that following past changes in immigration policy, scammers have been quick to seize on moments of reform to take advantage of desperate families seeking a pathway to citizenship. My office is warning immigrant communities to do their homework and not to fall victim to unscrupulous individuals making promises they can’t keep."

New York City Council Speaker Melissa Mark-Viverito said, "President Obama's administrative relief announcement is great news for thousands of New Yorkers and we now must make sure that those immigrants who are covered are protected from costly scams and fraud. I commend Attorney General Eric Schneiderman for looking out for the rights of immigrants and look forward to working with the Attorney General's office to protect New Yorkers."

Attorney General Schneiderman has taken action to shut down fraudulent immigration services providers that have engaged in the unauthorized practice of law, made false promises of citizenship, and took payments for services that they did not provide. Attorney General Schneiderman shut down two organizations that engaged in such fraud and secured $2.2 million in restitution for victims. 

Attorney General Schneiderman warned that, since the president’s executive action will only impact a fraction of the estimated 12 million undocumented immigrants living in the United States, anyone seeking to change their immigration status should consult with an authorized immigration services organization to find out if they qualify.  Such consultation services are often available for free. Unauthorized immigration service providers can not only cost victims thousands of dollars, but can also negatively impact victims’ chances of adjusting their immigration status as a result of lost documents, or improperly filed paperwork.  In addition, the Attorney General noted that President Obama’s recently announced initiatives have not yet been implemented and the public should take steps to verify whether these new actions have gone into effect before taking steps to submit applications to USCIS.

Attorney General Schneiderman has issued the following tips to protect New Yorkers from becoming victims of fraud:

• Confirm whether the President’s new immigration actions have gone into effect and been implemented before taking steps to submit an application to USCIS.
• Never pay a fee for an expedited application. Individuals cannot expedite your application for a fee.
• No one can guarantee you will get approved for specific benefits. If someone makes such a guarantee, don't employ his or her services.
• Only attorneys or Board of Immigration Appeals (BIA)-accredited representatives can give you advice on which forms to submit to apply for a new program.
• Only you, an attorney, or a BIA-accredited representative can represent you before USCIS and inquire about the status of your request.
• An immigration service provider that does not employ attorneys may not give you legal advice, threaten to report you to immigration authorities, promise to obtain special favors from immigration authorities, instruct you to provide false information to immigration authorities, or charge you for a referral to someone qualified to assist you with  immigration matters.
• Although Notarios Publico are attorneys in Spanish-speaking countries, Notaries Public in the United States are not attorneys. Do not hire them for legal advice.
• Remember, before you sign any immigration form, you must understand it and agree to the truth of it. If a form is not written in your language, and you don't understand it, do not sign it. Anything you sign that is not true and accurate may be considered fraudulent by USCIS, and this will have serious repercussions.
• If you do go to an immigration service provider to have your paperwork filled out, the provider must do the following: give you a contract (which may be cancelled at any time) written in English and in a language you understand describing the services they will provide and the fees they will charge, post signs clearly indicating they are not attorneys and cannot give you legal advice, give you a copy of any documents filed with the government, return any original documents belonging to you, and give you a copy of your file on demand without a fee.
• It's always safest to pay for any service you obtain by money order, check, or credit card. Do not pay with cash. Note, too, that USCIS filing fees must be paid by those methods.

For more information on the president’s executive action, including guidelines, forms and timelines, please click here.

To find a licensed attorney in the State of New York, visit the New York State Bar Association or the American Immigration Lawyers Association.

If you think you've been the victim of an immigration services fraud scam, contact the Attorney General Schneiderman's Immigration Fraud Hotline at 1-866-390-2992. Our office will not inquire about your immigration status or share your information with anyone, including other government entities.

BUFFALO – Attorney General Eric T. Schneiderman today announced that his office has begun taking legal action against businesses that engaged in price gouging during last week’s historic snow emergency in Western New York. The Attorney General has already sent a cease and desist letter to one businesses accused of engaging in price gouging, and is investigating several complaints against other businesses alleged to have engaged in illegal price increases.  

Also, as residents in Western New York are beginning to turn towards recovery efforts and face the prospect of flood damage as the record amounts of snow starts to melt, Attorney General Schneiderman offered tips to consumers to help prevent them from being victimized by shady contractors performing home repairs and other work in the storm’s aftermath.  

“While the response to the tragic storm in Western New York has been overwhelmingly positive, a small handful of shady businesses are looking to use this moment of crisis to make a quick buck,” said Attorney General Schneiderman.  “Few things are more reprehensible than exploiting a tragedy to prey on your neighbors.  My commitment to the people of Western New York is to fight every day to crack down on scammers and fraudsters trying to take advantage of consumers who have already been victimized by this storm.”  

An alert that was issued by Attorney General Schneiderman when the storm first began warned businesses to avoid inflating the price of necessary goods and services like food, water, gas, generators, batteries and flashlights and encouraged consumers to report suspected cases of price gouging. The Attorney General's Office is actively investigating several price gouging complaints before the office and will continue to investigate claims in the storm’s aftermath.  Among the complaints already received are from consumers reporting a store that increased the price of a gallon of milk by 28 percent – far more than allowed under the law – and snow removal companies charging at least 3 times the amount of their normal service to plow driveways. 

The Attorney General urges the public to report any potential occurrences of price gouging by calling 800-771-7755 or by logging on to the office's website at www.ag.ny.gov. 

The volume of snow that has fallen in Western New York over the last week has presented significant challenges to residents and may necessitate the hiring of contractors to assist with additional snow removal and home repairs. Reports of roof collapses and the possibility of flooding from warming temperatures are two areas of significant concern.

Consumers should protect themselves when hiring contractors to perform storm related services by considering the following:

Shop around. Get at least three estimates from reputable contractors that include specific information about the materials and services to be provided for the job.

Get it in writing. Insist on a written contract that includes the price and description of the work needed.

Don't 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.

Get references. Check with the Better Business Bureau, banks, suppliers, and neighbors. Always contact references provided to you.

Know your rights. You have three days to cancel after signing a contract for home improvements. All cancellations must be in writing.

NEW YORK—Attorney General Eric T. Schneiderman today called upon the Federal Trade Commission to update the Telemarketing Sales Rule in order to reflect realities of today’s marketplace and better protect consumers from unscrupulous telemarketers.

In a letter, co-sponsored by the Florida and Pennsylvania attorneys general, and joined by 36 other attorneys general, Attorney General Schneiderman asked the FTC to update the Telemarketing Sales Rule to further protect consumers from the continued prevalence of telemarketing fraud and abuse. As detailed in Attorney General Schneiderman’s most recent “Pennies for Charity” report, for-profit telemarketers often retain a very high percentage of charitable donations they raise from the public. In 2012, an average of only 37.5% of funds raised by telemarketers were retained by the charities. In 50.3% of the campaigns, the charities retained less than 30% of the funds raised, or the expenses exceeded contributions. Since that report, the Attorney General has taken action against eight entities under investigation for fraudulent fundraising.

“Those who open their hearts and wallets deserve to know how their hard-earned dollars are being spent and how much of their money is going to pay telemarketers’ salaries and costs,” Attorney General Schneiderman said. “The FTC’s rules must contain protections for consumers that reflect the most abusive and common types of fraud and abuse. New Yorkers, and donors across the nation, must be able to know how much they give is going to charity, and how much remains in the pockets of fundraisers.”

The attorneys general support the existing Telemarketing Sales Rule but contend that the following are areas of concern: 

• An increase in the number of fraud complaints from consumers who are  contacted by telephone;
• The pervasiveness of general media solicitations and advertisements that have resulted in the growth of inbound telemarketing;
• The use of certain payment methods that allow retrieval of funds with little meaningful scrutiny of the recipient’s identity; and
• The pervasiveness of preacquired account marketing. 

Telemarketing and its abuses occur when consumers are engaged in phone calls with businesses in the privacy of their homes or on their personal cellular telephones. State attorneys general are on the forefront in fielding consumer complaints, investigating, and taking legal actions against those who prey on victims using telemarketing and negative option scams. According to recent statistics by the FTC, more than 3.7 million telemarketing complaints were filed with the Commission. Telemarketing complaints also rank among the top five complaint categories received from citizens in many states. 

The states and territories that signed today’s letter are: Alaska, Arizona, Arkansas, Colorado, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, and Washington.

Schneiderman also issued the following tips when making donations via phone solicitation:

• Resist Pressure To Give On The Spot.If you receive a call from a telemarketer, do not feel pressured to give over the phone. You can ask to receive information about the cause and a solicitation by mail.
   
• Ask The Telemarketer. Ask the caller what programs are conducted by the charity, how much of your donation will be used for charitable programs, how much the telemarketer is being paid and how much of your donation the charity is guaranteed.
   
• Ask How Your Donation Will Be Used. Ask specifically how the charity plans to use your donation, including the services and organizations your donation will support. Avoid charities that make emotional appeals and are vague in answering your questions. Be wary if an organization will not provide written information about its charitable programs and finances upon request. Any legitimate organization will be glad to send you this information.
   
• Look Up Charities. Review information about the charity before you give. The Attorney General’s interactive website allows potential donors to easily search the "Pennies for Charity" report by the name of the charity or by region in New York State. (A link to the search tool can be found on the Attorney General’s charities website at www.charitiesnys.com.) Users can also see how much money was raised by a professional fundraiser and how much money actually went to each charitable organization. Also confirm that the charity is eligible to receive tax-deductible donations by searching the IRS website at www.irs.gov.
   
• Give To Established Charities. Donate to organizations you are familiar with or ones with a verifiable record of success in meeting their charitable missions. Closely examine charities with names similar to more established organizations.
   
• Never Give Cash.It's best to give your contribution by check made payable directly to the charity. This is safer than giving by credit or debit card and far safer than sending cash. Be careful about disclosing personal or financial information; never give out such information to an organization or individual you don't know.
   
• Report Suspicious Organizations. If you believe an organization is misrepresenting its work, or that a scam is taking place, please contact the Attorney General’s Charities Bureau at charities.bureau@ag.ny.gov or (212) 416 8401.

NEW YORK - Attorney General Eric T. Schneiderman today announced the plea of Ock Chul Ha, President of the Korean Social Service Center, a not-for-profit organization, for operating a pervasive scam on primarily elderly Korean-Americans for more than three years. Ha allegedly falsely promised clients – who came to him for advice regarding Medicare or Social Security – placement in low-income housing in the city’s coveted 421(a) program. Under the terms of his plea agreement, Ha will serve 1-3 years in state prison, the Korean Social Service Center will be shuttered, and victims who cooperated with the investigation have received restitution judgments in their favor.

Ha pleaded guilty to one count of Grand Larceny in the Second Degree (a Class "C" felony), one count of Scheme to Defraud in the First Degree (a Class "E" felony), and Criminal Tax Fraud in the Third Degree (a Class "D" felony).

“At a time when more New Yorkers than ever are struggling with the cost of housing, Mr. Ha dangled the promise of an affordable home to steal hundreds of thousands of dollars, ruining lives in the process,” said Attorney General Schneiderman. “Exploiting insecurity and vulnerability – especially in one’s own community – is despicable, and hopefully this conviction can bring some measure of justice to the victims of Ha’s scheme.  This conviction also ensures that Mr. Ha will never again use his social service center as a tool for fraud and deception.”

According to Ha’s fully allocated plea, Ha was the President of Korean Social Services, a Manhattan not-for-profit located at 16 West 32nd Street, Suite 301. Based on our investigation, Ha preyed on vulnerable people, who he believed would be least likely to notify law enforcement of his scam.  He generally conned elderly Korean-American immigrants, widows and those on disability who spoke limited English. He admitted to scamming an electrician, who lost his entire life savings to Ha and an artist who borrowed money from relatives. He would gain their trust by relying on his position as a social worker, and then offer them an opportunity to obtain a precious commodity in New York: affordable housing.

The investigation found that after Ha propositioned his victims, he would call them repeatedly, warning them that they would lose their chance at a 421(a) apartment if they did not act quickly. Often he would demand $28,500 from his victims. Most of his victims drained their bank accounts, borrowed from friends or pooled money from relatives to pay Ha. Ha would then demand more money from his victims, often citing the need for security deposits equaling six months of rent. He would provide his victims with a receipt from the Korean Social Service Center that reflected the total amount provided by his victim (often in the tens of thousands of dollars), the victim’s name, and a note indicating that these monies were for a deposit on a “N.Y.C H.D.” apartment.  Ha admitted to stealing approximately $207,000 from such victims.

The investigation further revealed that after a March 18, 2014, search warrant was executed at Ha’s office, he began calling his victims and urging them not to cooperate with law enforcement. Ha dangled the prospect of reimbursement as a reward for their refusal to cooperate.  Despite such empty promises, several brave men and women cooperated with law enforcement to bring Ha to justice.

Ha, 58, of Fort Lee, NJ, pleaded guilty before Judge Larry Stevens and will be sentenced to 1-3 years in state prison on March 3, 2015.

This investigation, initiated by the Attorney General’s Charities Bureau, was a joint collaboration between the Attorney General’s Office and the New York State Department of Tax and Finance. The Attorney General thanks the New York City Department of Investigation for its cooperation on this case.

The investigation was initiated by Assistant Attorney General Michael Torrisi of the Charities Bureau and handled by Investigator Edward Ortiz and Chief Dominick Zarrella of the Attorney General’s Investigations Bureau, and Michael Yun formerly of the NYS Department of Tax and Finance. This case was prosecuted by Special Counsel John R. Spagna, Chief Auditor of the Forensic Audit Section, Edward J. Keegan, Senior Analyst Jacqui Brown, and Associate Forensic Auditor Matthew Crogan, in the Attorney General’s Criminal Division, which is led by Executive Deputy Attorney General for Criminal Justice Kelly Donovan. 

NEW YORK – Attorney General Eric T. Schneiderman today announced the indictment of three pharmacies and seven individuals for allegedly defrauding Medicaid of over $5 million. The pharmacies were allegedly paying customers for prescriptions obtained from a local doctor and then billed Medicaid for the drugs even though they were never dispensed.   

“Those who defraud Medicaid to line their own pockets are scamming taxpayers and depriving others of important health care services, and today’s indictment sends a clear message that there will be consequences,” said Attorney General Schneiderman. “My office will continue to crack down on those who engage in waste, fraud, and abuse of taxpayer money.” 

Corporate defendants Perfect Gift US, Inc., d/b/a Central Pharmacy, located at 397 Mother Gaston Blvd., Princess RX, Inc., d/b/a Hastings Drug Corp., located at 2061 Atlantic Ave., and Bright RX, Inc., d/b/a Buffalo Drugs, located at 183 Buffalo Ave., and their owners and operators, Munir A. Khan, Beenish Daha, and Muhammed Z. Khan, a/k/a Sean Chris, were indicted for committing various felonies, including  Grand Larceny in the First Degree, Grand Larceny in the Second Degree, and Offering a False Instrument for Filing in the First Degree.  In addition, two pharmacists, Louis A. Pisani and Kenneth Brown, were indicted on similar charges. Two others, Chaudury M. Yaqoob and Jose Cepeda, were also indicted for various felonies, including Grand Larceny in the Fourth Degree and Offering a False Instrument for Filing in the First Degree.  If convicted of the Class B felonies, the defendants face up to twenty-five years in state prison.  

In response to information provided by the New York City Human Resources Administration, the Attorney General’s Medicaid Fraud Control Unit (“MFCU”), together with the New York State Office of the Welfare Inspector General, learned that Jose Cepeda was allegedly directing or steering patients from a local doctor’s office to Perfect Gift Pharmacy with their prescriptions. The clerk who was working behind the counter, Chaudury M. Yaqoob, would allegedly pay cash for the prescriptions.  The pharmacy would then allegedly bill Medicaid for the medications that were never dispensed, but were, instead, placed back on the shelf. 

The investigation disclosed that Perfect Gift and Princess Pharmacies were owned and operated by Munir A. Khan. Munir A. Khan was banned from billing Medicaid and deported to Pakistan following a 2008 federal conviction for adulteration of prescription drugs and the filing of false tax returns. To hide Khan’s involvement in the pharmacies, a violation of Medicaid’s rules, both Perfect Gift and Princess Pharmacies were allegedly, on documents filed with the state, owned by Khan’s daughter, Beenish Daha, who was listed as President.  Bright RX was solely owned and operated by Munir Khan’s son, Muhammed Z. Khan, a/k/a Sean Chris, as President.   

Audits conducted on Perfect Gift, Princess, and Bright RX pharmacies, revealed a short fall between the amount of drugs ordered by the pharmacies from their suppliers and the amount of medication that the pharmacies claimed to Medicaid to have provided to Medicaid recipients. The shortfall showed inordinate billings of Medicaid for medications that were allegedly never bought and sold. The audit showed a shortfall of $3,523,755.33 at Perfect Gift Pharmacy, $955,341.79 at Princess Pharmacy, and $861,935.80 at Bright RX Pharmacy.  

The investigation further revealed that two of the pharmacies, Perfect Gift and Bright RX, Inc. billed, and were paid by Medicaid, for allegedly rendering services while using a supervising pharmacist who had been barred or excluded from the Medicaid program – another violation of Medicaid rules and regulations. Medicaid paid Perfect Gift $1,368,300.11 while Louis A. Pisani was allegedly its supervising pharmacist and Bright RX $175,057.37 while allegedly using Kenneth Brown as its supervising pharmacist. The unsealed indictment charged the three pharmacies and seven individuals as follows: 

Corporate Defendants 

Perfect Gift US, Inc., d/b/a Central Pharmacy, is charged with two counts of Grand Larceny in the First Degree, Class B Felonies, one count of Grand Larceny in the Fourth Degree, a Class E Felony, and seven counts of Offering a False Instrument For Filing in the First Degree, Class E Felonies.   

Princess RX, Inc., d/b/a Hastings Drug Corp., is charged with one count of Grand Larceny in the Second Degree, a Class C Felony.   

Bright RX, Inc., d/b/a Buffalo Drugs, is charged with two counts of Grand Larceny in the Second Degree, Class C Felonies, and three counts of Offering a False Instrument For Filing in the First Degree, Class E Felonies.   

If convicted, the corporations can be ordered to pay a fine of double what they gained from their criminal conduct as well as restitution to those victimized by their conduct. 

Individual Defendants 

Munir A. Khan, age 61, is charged with two counts of Grand Larceny in the First Degree, Class B Felonies, one count of Grand Larceny in the Second Degree, a Class C Felony, one count of Grand Larceny in the Fourth Degree, a Class E Felony, and seven counts of Offering a False Instrument for Filing in the First Degree, Class E Felonies.  If convicted, the defendant faces up to 25 years in prison. 

Beenish Daha, age 31, of Jersey City, NJ, is charged with two counts of Offering a False Instrument for Filing in the First Degree, Class E Felonies.  The defendant was arrested on November 13, 2014 and was released in her own recognizance after surrendering her passport. She was directed to return to court on January 14, 2015.  If convicted, the defendant faces up to four years in prison. 

Muhammed Z. Khan, a/k/a Sean Chris, age 33, of Queens, is charged with two counts of Grand Larceny in the Second Degree, Class C Felonies, and three counts of Offering a False Instrument for Filing in the First Degree, Class E Felonies.  The defendant was arrested today and arraigned by the Honorable Danny Chun.  If convicted, the defendant faces up to fifteen years in prison. 

Louis A. Pisani, age 63, of Elmont, is charged with one count of Grand Larceny in the First Degree, a Class B Felony, and three counts of Offering a False Instrument for Filing in the First Degree, Class E Felonies.  The defendant surrendered to MFCU investigators on November 6, 2014 and was released on his own recognizance after surrendering his passport.  He was directed to return to court on January 7, 2015.  If convicted, the defendant faces up to 25 years in prison. 

Kenneth Brown, age 64, of Brooklyn, is charged with one count of Grand Larceny in the Second Degree, a Class C Felony, and three counts of Offering a False Instrument for Filing in the First Degree, Class E Felonies. The defendant surrendered to MFCU investigators on November 6, 2014 and was released on his own recognizance.  He was directed to return to court on January 7, 2015.   If convicted, the defendant faces up to fifteen years in prison. 

Chaudury M. Yaqoob, age 56, is charged with one count of Grand Larceny in the Fourth Degree, a Class E Felony, and two counts of Offering a False Instrument for Filing in the First Degree, Class E Felonies.  If convicted, the defendant faces up to four years in prison. 

Jose Cepeda, age 66, of Brooklyn, is charged with one count of Grand Larceny in the Fourth Degree and two counts of Offering a False Instrument for filing in the First Degree, Class E Felonies.  The defendant was arrested today and is awaiting arraignment. If convicted, the defendant faces up to four years in prison. 

Defendants Munir A. Khan and Chaudury M. Yaqoob have not yet been arrested and are believed to be living in Pakistan.  

Attorney General Schneiderman thanks the New York City Human Resources Administration, the New York State Office of the Welfare Inspector General, the Office of the Medicaid Inspector General and the New York City Police Department for their assistance in this investigation. 

The investigation was conducted by Senior Investigator Arelis Restituyo, with the assistance of Supervising Investigator Victor Maldonado, and Deputy Chief Investigator Kenneth Morgan.  MFCU’s audit investigation was conducted by Associate Auditor Investigator David Verhey and Special Auditor Investigator Ryan Rafferty with the assistance of Principal Special Auditor Investigator Emmanuel Archer and New York City Regional Chief Auditor Thomasina Smith. 

The criminal case is being prosecuted by Special Assistant Attorney General William J. Wallace with the assistance of New York City Regional Director Christopher M. Shaw. Thomas O’Hanlon is MFCU’s Chief of Criminal Investigations – Downstate.  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. 

The charges filed in this case are accusations. The defendants are presumed innocent until proven guilty in a court of law.

NEW YORK – Attorney General Eric Schneiderman today issued a letter to retailers across New York State reminding them of their legal obligation to ensure the safety of children’s products ahead of the holiday shopping season. The letter focuses on toys that contain toxic chemicals that present risks to human health. The Attorney General and DCA Commissioner Julie Menin also offered tips for consumers to avoid hazardous toys as well as tips about charitable donations, online shopping, and purchasing gift cards.

The Attorney General’s announcement was made today in New York City with New York City Public Advocate Letitia James; City Comptroller Scott Stringer; City Department of Consumer Affairs Commissioner Julie Menin; New York State Assemblymember Jeffrey Dinowitz; New York City Councilmember Rafael Espinal; and Bobbi Chase Wilding, Deputy Director of Clean & Healthy New York.

“Retailers have both a legal and moral obligation to protect children’s safety when selling toys and other products this holiday season,” said Attorney General Schneiderman.“In the hopes of having a safe and joyous holiday season for all New Yorkers, we want to remind retailers of their important responsibilities and also provide tips to consumers as they begin shopping and making seasonal charitable donations.”

Both state and federal agencies, including the Office of the New York State Attorney General, have taken legal action in the past to protect children from toys and articles that contain toxic chemicals that present health risks. Recent investigations have reported toys and articles intended for use by children containing elevated levels of toxic chemicals offered for sale by retailers. For example, a recent report entitled Toxic Toys in Albany County by Clean & Healthy New York, Inc. and the New York League of Conservation Voters Education Fund, Inc. reported children’s items purchased in Albany County containing toxic chemicals, including arsenic, mercury and lead.

State law empowers the attorney general to take appropriate enforcement action when a determination is made that items containing toxic chemicals at unsafe levels are being sold. Specifically, the law prohibits the sale, import, and manufacture of children’s products that pose an unreasonable risk of injury. The law authorizes the attorney general to seek injunctive relief, as well as penalties of up to $1,000 per violation. 

“As the father of two young boys, it is beyond troubling to me that harmful toxins frequently end up in toys and other products marketed to our children,” said New York City Comptroller Scott Stringer. “I want to thank Attorney General Eric Schneiderman for his attention to and work on this issue. No parent should ever have to worry that the gifts they give might pose a threat to the health of their children.” 

"I applaud Attorney General Eric Schneiderman for pushing retailers to ensure safety of children’s toys this holiday season,” said New York City Public Advocate Letitia James. “The use of cheap and dangerous materials in children’s toys is far too common and many local retailers may be unaware that they are carrying these items. I urge parents to to keep an eye out for metal toys in particular, like costume jewelry, which can be made of hazardous chemicals. As City and State Officials, we have a responsibility to protect and alert consumers about the dangers of toxic toys. Working together, we can help remove them from store shelves and protect countless children in New York State."

“Retailers have an important responsibility to ensure that the products they sell are safe for children,” said Assemblyman Jeffrey Dinowitz.“The letter Attorney General Schneiderman sent to retailers across the state makes it clear that elected leaders at all levels of government are committed to protecting New York children this holiday season. As chairman of the Assembly Committee on Consumer Affairs and Protection, there is no higher priority than keeping our children safe."

New York City Councilmember Rafael L. Espinal, Jr. said “As we kick off the holiday season, it is important that all New Yorkers think about children’s safety when buying gifts.  I’m proud to join Attorney General Eric Schneiderman in his effort to ensure that all New Yorkers are able to make informed, safe purchases.”  

"This week kicks off the busiest shopping season of the year and a time when we gather with our loved ones, which often includes giving gifts, especially to the children in our lives," said Department of Consumer Affairs Commissioner Julie Menin. "Each year, nearly 200,000 children visit the emergency room because of toy-related injuries so I encourage parents to be vigilant in choosing the toys their children play with. I also join Attorney General Schneiderman in calling for the toy industry to ensure that the products on the shelves are safe.”

“As our recent report with Clean & Healthy New York shows, there are still too many dangerous toys on the store shelves in our state,” said Marcia Bystryn, President of the New York League of Conservation Voters.“Retailers must refuse to sell children’s products that contain toxic chemicals. State and local lawmakers should also protect our kids by expanding the list of chemicals that are prohibited in toys and requiring the disclosure of chemicals of concern. We are deeply grateful to Attorney General Schneiderman for raising awareness of this important issue and for leading the charge to protect consumers in New York State.” 

“We have been finding heavy metals in children’s products for many years with our extensive testing,” said Judy Braiman, president of the Empire State Consumer Project and co-author of Consumer Reports Books Toy Buying Guide.“While there are many other dangers children are being exposed to -- such as laundry pods, nicotine flavors used for e-cigarettes, and nursery furniture – the presence of toxic chemicals in toys, costume jewelry, and other items specifically intended for children is very serious and something must be done.  We applaud Attorney General Schneiderman for his important action.”

"Our research for the report, Toxic Toys in Albany County, uncovered a dozen toxic toys for sale in Albany County containing heavy metals like lead, cadmium, antimony, and cobalt,” said Bobbi Chase Wilding, Deputy Director of Clean and Healthy New York, which issued Toxic Toys in Albany County with the League of Conservation Voters Education Fund last Monday. “One product was made of nearly 25% cadmium - almost 250,000 parts per million. How is it that in 2014 parents still can't count on retailers to only sell toxic-free products? We applaud Attorney General Schneiderman for his action to remind retailers of this duty, and urge lawmakers to act by passing broader and stronger protections to safeguard our children's health.  This holiday season and year-round, they're counting on us."

Theletter from Attorney General Schneiderman’s Office said, “As a retailer, you are in a position to safeguard children from toxic chemicals. We urge you to implement measures to identify unsafe products and keep them off your shelves.”

Attorney General Schneiderman’s focus on children’s exposure to toxic chemicals is warranted as studies have shown that the incidence of cancer in children has steadily risen since the 1970s. In 2011, cancer surpassed traumatic injuries to become the leading cause of death of New York’s children between the ages of 5 and 14, and it is the second leading cause of death in children ages 1-19 overall. Environmental factors, including chemical exposures, have been linked to the rise in cancer rates among children. Children are at special risk due to their small body mass and rapid physical development.  

In addition to state law, federal law requires manufacturers and importers of children’s products to certify that their products comply with all children’s product safety rules enforced by the Consumer Product Safety Commission, which includes rules related to toxic chemicals that may be found in children’s products. The Consumer Product Safety Improvement Act of 2008 requires that this certification be based on third-party testing at a laboratory approved by the CPSC. A Children’s Product Certificate must be issued by either the manufacturer or importer indicating compliance with all applicable standards. The manufacturer or importer must provide or make the certificate available to distributors and retailers.  

Schneiderman’s office urged retailers to not purchase products from manufacturers and importers that have not certified their products’ safety.  Retailers were also urged to check the Consumer Product Safety Commission website regularly for information on product recalls. There are a number of resources, including a tip sheet prepared by the OAG, available to consumers to help them protect their children from toxic chemicals in children’s products, but retailers are the first line of defense.

Department of Consumer Affairs Commissioner Menin also sent a letter to the Toy Industry Association urging it to voluntarily create a standard that goes well beyond federal law and ban toxic chemicals in all products made or sold by its members; pull all toys with suspected toxic chemicals off the shelf; cease efforts to oppose legislation that would keep toxic toys off the market.

In addition to issuing a letter to retailers about children’s products ahead of the holiday shopping season, Attorney General Schneiderman also addressed issues related to holiday gift cards and charitable donations during a press conference in New York City. During the press conference, Schneiderman offered tips to consumers.

Holiday Season Consumer Tips

Tips to Avoid Hazardous Children’s Toys

Just because a toy or any other consumer product is being sold in a reputable store does not necessarily mean that the product itself is safe or even in compliance with government regulations.  All too often, a toy is on the market for months, even years, before problems are identified. Here are some tips to keep your children safe:

• Be On The Lookout For Toys That May Have Toxic Chemicals: Avoid buying toys made of cheap metals and materials, such as jewelry, trinkets, and other similar children’s products. If a piece of jewelry or trinket is inexpensive, yet is heavy for its size and looks like silver, it could contain hazardous metals. The United States Consumer Product Safety Commission (CPSC) has a Federal Toy Safety Standard that limits the concentration of certain toxic chemicals in children’s products. Covered chemicals are lead, cadmium, mercury, antimony, arsenic, barium, chromium, selenium and phthalates. Click here further information on the CPSC standards.
   
• Keep An Eye On Your Child: Because toxic chemicals can be on the surface of toys, jewelry, and trinkets, you should never allow your child to chew, suck on, or otherwise mouth these products.  Swallowing small parts can be particularly dangerous.  Since children commonly exhibit hand-to-mouth activity, practice regular hand washing as a safeguard against exposure to toxic chemicals.
   
• Think BIG When Buying Toys For Infants And Toddlers: Follow the age recommendations on toy packaging, even if you believe your child is more advanced. Many toys have small pieces that are a choking hazard, especially for children under 3 years of age. To prevent choking, buy toys that are bigger than the child’s fist. Inspect all toys to make sure there are no small parts that could break off and be swallowed or choked on. 
   
• Check For Product Recalls: Check the CPSC website for information on children’s products that have been recalled due to health or safety concerns.  You can also call the CPSC toll-free consumer hotline at 800-638-2772. If you own a recalled item, take the item away from your child immediately and either discard it or check the recall notice for information on returning it for a refund or replacement.   

If you think your child may have been exposed to lead:

• Talk With Your Child’s Doctor:  Because it often occurs with no obvious symptoms, lead poisoning frequently goes unrecognized in children.  In general, if you have any concerns about your child and lead – whether through exposure to children’s products, lead paint in your home, or any other source ask your health care provider about having your child tested.  The federal Patient Protection and Affordable Care Act requires health insurance providers to pay for lead testing for children at risk.  Check with your insurance provider to find out what’s included in your plan.  In addition, Medicare pays for lead testing for all enrolled children.  You can also contact your local health department to see if it has a lead testing clinic or arranges for testing children who lack health insurance coverage.
   
• Contact Health Officials:  For more information about protecting your child from lead poisoning, contact your local county health department or visit the New York State Department of Health’s Lead Poisoning Prevention website here.

For more information, contact the New York State Attorney General’s Office’s consumer hotline at 1-800-771-7755.
Charitable Contribution Tips 

• Use Your Charitable Dollars Wisely: Only gift to charities that you know are reputable. 
   
• Be Aware Of Similar Charity Names: Some charities use names that are similar to well-known charities in order to confuse donors. Always double check the name of the organization to which you’re donating.
   
• Be Wary of Emotional Appeals: Appeals that talk about problems but are vague on how donations will be spent. Do not hesitate to ask for information in writing.
   
• Many Phone Solicitations Come From For-Profit Fundraisers: New Yorkers should know that many phone solicitations for charities actually come from for-profit fundraisers. In some cases, less than half the money you give through a paid telemarketer actually goes to the charity. Donors can learn more about how charities use their donations by visiting the Attorney General’s website here.

Online Shopping Tips:

• Use A Secure Internet Connection: Do not transmit credit card information over public Wi-Fi networks or a home network that is not password protected.
   
• Look For ‘https’ At The Beginning Of The Web Address: If you’re paying online, look for ‘https’ because the ‘s’ means that your sensitive data will be encrypted for your protection.
   
• Protect For Checking Account: Using a credit card to make online purchases you can afford to pay off is safer than using a debit card because a debit card can imperil your entire bank account balance if it’s stolen.
   
• Don’t Click On E-mail Links: Scammers often use fake promotional emails that look like they are from major companies to try to steal your data, so don’t click on e-mail links. Just type the store’s URL into your web browser directly.

Gift Card Tips:

• Be Wary Of Fees: Always read the fine print and understand what you’re really getting for your money. 
   
• Consider Inactivity Fees: Remember that state and federal law prohibit inactivity fees or other service fees for a year after the issuance of a gift card.

NEW YORK — Attorney General Eric T. Schneiderman today announced action taken by the Wayne County Sheriff’s Office to enhance accessibility of law enforcement services for residents with limited English proficiency. Through adoption of a comprehensive written policy, the Wayne County Sheriff’s Office expands upon its existing commitment to provide interpretation and translation assistance when needed. 

“Equal justice under law requires that all New Yorkers have access to the important public safety services provided by law enforcement agencies, regardless of their language ability,” Attorney General Schneiderman said. “Through adoption of a comprehensive language access policy, the Wayne County Sheriff’s Office now stands as a model for other law enforcement agencies in the Finger Lakes region by ensuring that the delivery of police services are not limited or restricted by language barriers.” 

The sheriff’s office has implemented a written language access policy that builds upon its long-standing commitment to be responsive to its community, and meeting the needs of all those served by the office.  Pursuant to the policy, Wayne County Sheriff’s Office personnel will: 

• Ensure that its officers and civilian employees who have regular contact with the public can effectively communicate with LEP persons, including when responding to calls for assistance; conducting traffic stops; taking complaints;  interviewing crime victims; making public service announcements, and issuing safety alerts;
• Ensure effective communication with LEP subjects of criminal investigations;
• Provide annual training on how to effectively communicate with LEP persons;
• Take steps to recruit, hire and retain bilingual officers and staff;
• Translate vital documents including complaint forms and other materials; and
• Provide English- and Spanish-language Personnel Complaint Forms at the  sheriff’s office and on the office’s website.

According to Census data, approximately 2.5 million New Yorkers do not speak English as their primary language and have a limited ability to read, speak, write, or understand English. Census data also indicates that among approximately 93,476 residents in Wayne County, nearly 4% percent are Hispanic.  Between 2008 and 2012, 4.8% (or 4,224) of Wayne County’s population spoke a language other than English at home, with Spanish being the most common language after English. Approximately 40% of Wayne County’s Spanish-speaking population reported speaking English less than very well. The sheriff’s office’s strengthened language access program will help ensure that all individuals in its communities have full access to essential police services, regardless of language ability.

The Wayne County Sheriff’s Office is a full-service, fully-accredited law enforcement agency that protects and serves the residents of Wayne County. The office includes approximately 184 employees, including 66 full- and part-time police service deputies.  

Wayne County Sheriff Barry C. Virts said, “Our office has always been committed to ensuring that all people are treated with dignity and respect. Working with the Attorney General’s Civil Rights Bureau, we have developed a written policy that reflects our practices and values.  This written language policy will help ensure that deputies continue to take the initiative to effectively communicate with individuals who have limited English proficiency and provide these individuals with timely and meaningful access to all Wayne County Sheriff’s Office’s services. As a professionally trained and state accredited law enforcement agency, it is my responsibility to constantly strive to improve our services to all our community members.”  

The Wayne County Sheriff’s Office joins the Newburgh Police Department, the Nassau County Police Department, the Rochester Police Department, the Ontario County Sheriff’s Office, and the Middletown Police Department in working with the New York State Attorney General’s Office to strengthen language access. These agreements come as our nation marks the 50th Anniversary of Title VI of the Civil Rights Act of 1964. Upon signing the act, then-President Lyndon B. Johnson observed: “This Civil Rights Act is a challenge to all of us to go to work in our communities and our states, in our homes and in our hearts, to eliminate the last vestiges of injustice in our beloved country.”

Ramona Palmer of the Victim Resource Center of Finger Lakes Region said, "Through our work on behalf of some of the most vulnerable populations in the Finger Lakes Region, including domestic violence victims and migrant workers, we know that it is critical that law enforcement agencies be able to serve and protect all communities regardless of their ability to speak English. The Wayne County Sheriff's Office, with whom we've worked cooperatively before, has taken the important step of adopting a written language access policy that addresses language barriers and helps ensure greater protection for crime victims, witnesses and the public at large. We thank the Attorney General's Civil Rights Bureau for making promotion of language access a central civil rights priority."

Attorney General Schneiderman has made promotion of language access a core civil rights priority. His Civil Rights Bureau is committed to promoting civil rights compliance and language access across New York State. To file a complaint with the Bureau, contact 212-416-8250 or Civil.Rights@ag.ny.gov.

The matter is being handled by Civil Rights Bureau Chief Kristen Clarke and Assistant Attorney General Anjana Samant. Executive Deputy Attorney General for Social Justice is Alvin Bragg.

NEW YORK – Attorney General Eric T. Schneiderman today issued the following statement applauding the U.S. Environmental Protection Agency’s proposal of new, more health-protective national air standards for ozone pollution: 

“The EPA’s proposal today of protective, science-based standards for ozone smog is truly a breath of fresh air. These standards will literally save lives and will also help ensure that New York’s efforts to combat ozone pollution are not undercut by pollution generated by upwind states. I applaud the EPA for taking this critical action to protect public health, and look forward to working to ensure these standards are put in place as soon as possible.”

Yesterday, Attorney General Schneiderman lead a coalition of states, including Maryland, New Hampshire, New Mexico, and Rhode Island, in a letter urging the federal Office of Management and Budget to support EPA’s proposal of strengthened national ambient air quality standards for ozone.  The letter cited EPA’s independent Clean Air Scientific Advisory Committee’s support of a national primary standard in the range of 60 to 70 parts per billion to better protect public health and a stronger secondary standard to adequately protect forests and crops.  

Elevated ozone smog levels can cause a range of harmful health impacts, including chronic respiratory illness, decreased lung function, cardiovascular disease, asthma and even premature death.  According the American Lung Association’s 2014 “State of the Air” report, more than 4 in 10 people in the United States (44.8%) live in areas with unhealthful levels of ozone.  The Association ranks the New York City metropolitan area as the 12th most ozone-polluted city in the nation.

NEW YORK – Attorney General Eric T. Schneiderman today released the following statement in honor of Thanksgiving: 

“Warmest wishes for a happy Thanksgiving to all. As we begin the joyous holiday season by giving thanks for our blessings over the past year, let us also remember the many in our state and across the country who are struggling and in need. Giving back is one of the most important community building efforts we can participate in. I hope all New Yorkers can share in the season’s compassion by showing kindness to friends, neighbors or strangers who are less fortunate.”

NEW YORK – Attorney General Eric T. Schneiderman today released the following statement in support of all those gathering at more than 2,000 Wal-Mart locations nationwide to demand a fair, living wage for workers. 

“Today, as millions of Americans kick off the holiday shopping season, I encourage all of them to consider the enormous injustice suffered by many of the workers who are helping them with their purchases.  Across the country, workers are standing up to demand a fair day's pay for a fair day's work. I’m proud to stand with them as they raise their voices to send an important message: No one who works full-time should have to struggle to feed their families. Over the past four years, I’ve fought to crack down on employers who cheat hardworking New Yorkers our of their wages. And while we will continue to do everything we can to enforce current laws, we must also move toward enacting new laws to remedy the pervasive income inequality that is plaguing our nation.” 

Since 2011, Attorney General Schneiderman has successfully returned more than $17 million in restitution to almost 14,000 workers across New York, and recovered more than $2 million in restitution and penalties for the state. Some of the Attorney General’s actions, which were detailed in this report, including:

• Protecting the rights of fast food and car wash workers;
• Enforcing the prevailing wage laws, which require a higher rate of pay for construction and maintenance of governmental buildings;
• Combating unlawful employer retaliation against employees who have stood up for their rights;
• Criminally prosecuting employers who commit egregious violations, showing extreme disregard for workers’ basic rights and the rule of law;
• Innovating to protect workers who are not covered by traditional labor laws; and
• Protecting workers in a digital world.

Attorney General Schneiderman encourages every worker who feels that his/her rights have been violated to contact the Office of the Attorney General’s Labor Bureau by calling (212) 416-8700 or visiting the Office of the Attorney General's website at www.ag.ny.gov. 

NEW YORK – In advance of Cyber Monday – consistently one of the most popular days of the year for online shopping – Attorney General Eric T. Schneiderman issued tips for consumers who plan to shop online.  Last year, consumers spent almost a record $2.29 billion on Cyber Monday, and sales are expected to exceed that this year. Unfortunately, not all advertised deals are what they claim to be, and some websites may be fake or tools for scammers.  

“As the holiday shopping season kicks off and more consumers plan to shop online, there are simple steps you can take to avoid scams and protect your personal data,” said Attorney General Schneiderman. “Consumers should know how to spot fake websites and deals that are too good to be true.” 

In an effort to help consumers shop safely online, Attorney General Schneiderman issued the following tips:  

• Shop only on secure Internet connections: Do not conduct any transaction that involves personal, financial or credit card information while using an open and unsecured Wi-Fi connection. Unsecured connections are common in public spaces such as transportation hubs, municipal hotspots, and in stores and coffee shops. Be careful not to shop, conduct business, or send sensitive or personal information out on these networks because identity thieves often stake out open networks seeking victims. Shopping and other activities that involve sensitive information may be performed safely on password-protected wireless networks, virtual private networks (VPN), or on hardwired Internet connections. 
   
• Only process payment on HTTPS web pages: When entering payment information online you should verify that HTTPS is in your address bar to protect yourself from identity thieves and cyber criminals. URLs that begin with https:// instead of the standard http:// are secured by SSL, an internet security protocol. Web pages served over SSL help protect you by encrypting sensitive information, such as credit card numbers, during the transaction.  
   
• Do not be tricked by confusingly similar website and domain names: Pay particular attention to your retailer’s URL when shopping online. Scammers use variants of a known company’s Internet address to try and lure users into visiting fake websites. They often target users through email or social media.  Avoid clicking on links from email or social media sites.  Watch out for websites with URLs that differ slightly from those of legitimate online retailers, and also links that appear genuine but direct your browser to a completely different URL. To ensure safe shopping online type the URL of your desired retailer directly into your web browser — and watch for typos.  
   
• Protect yourself by using credit cards:With the advent of point-of-sale malware and rampant data breaches, identity thieves are now more sophisticated and dangerous than ever. If you are going to make purchases online, you can best protect yourself from the risks of identity theft and fraud by using credit cards. Credit cards generally offer better purchase protection and fraud dispute resolution than other methods of payment. Debit cards link directly to your bank account, potentially threatening your entire account balance.  Some banks also offer temporary credit card numbers with a set purchase maximum, which may be useful for some transactions or some consumers.   Remember that credit cards charge high interest rates so it is best to use credit cards for only those purchases you can afford. 
   
• Be wary of too-good-to-be-true contests and prize promotions: Consumers should be suspicious of any email, messages, or posts on social networks promoting giveaways or contests that seem too good to be true, e.g., free high-value gift cards, tablets, and smartphones. These “contests” are often scams designed to bilk consumers out of money and/or to collect consumers’ personal information for resale. Genuine sweepstakes and contests are commonplace on the Internet; however, you should avoid any contest or promotion that requires you to pay money or to perform any sort of financial transaction. Also, think twice before participating in promotions that require entrants to register with multiple third-party websites; often these are ploys to build marketing lists. Promotions that require users to provide more than simple contact information may even be phony or run by scammers who resell consumer information to collect referral fees! 
   
• Read the fine print: Broadly worded promotional offers and advertisements often mislead consumers into paying full price for items they believed were on sale.  Consumers should carefully examine Internet deals by reading any and all fine print in the promotional materials, identifying the exact brand and model number on sale. Consumers should also avoid bait-and-switch advertisements or promotions that lure consumers with basement prices that are not guaranteed to be in stock. Fine print stating that quantities are limited is a tell-tale sign of this bait-and-switch tactic. 
   
• Watch out for hidden shipping costs: Internet shoppers will undoubtedly find great deals this holiday season. It is common practice for Internet retailers to advertise prices that do not factor in shipping and handling. This makes the Internet retailer’s pricing appear lower than what the consumer will actually pay. This holiday season consumers should be sure to examine all shipping and handling costs before committing to any online purchases. When all costs are considered, what you may have thought was a great Internet deal may be more costly than your local retailer. 

NEW YORK – Attorney General Eric T. Schneiderman today announced his office’s new consumer education initiative, which features a web-based app, AGScamHelp. The app will help homeowners determine whether a company has been vetted by a government agency and will urge homeowners at risk of foreclosure to work with a qualified agency within the Attorney General’s Homeowner Protection Program (HOPP), a network of more than 85 housing counseling and legal service providers who offer services to struggling homeowners at no cost. As part of this new initiative, the Attorney General’s Office will also send monthly mailings with tips on avoiding foreclosure scams to New York homeowners who are within 90 days of a potential foreclosure filing. 

The announcement was made this morning at a housing forum held at Brooklyn Law School. Attorney General Schneiderman was joined by New York City Public Advocate Letitia James, New York Department of Consumer Affairs Commissioner Julie Menin and housing advocacy organizations, including HOPP anchor partner, the Center For New York City Neighborhoods, which is assisting the Attorney General’s consumer education initiative.  

“While my office is committed to cracking down on scam operations that target struggling New Yorkers, the most powerful tool against these frauds is to ensure that consumers are informed and aware of the free services that are available to them through our Homeowner Protection Program,” said Attorney General Schneiderman.“Through our new education initiative, we’re putting facts in the hands of those who are at immediate risk of foreclosure – and at immediate risk of getting scammed. I encourage all homeowners to utilize AGScamHelp to check a company offering to help with your mortgage and report potential scams to our office in real-time.” 

New York City Public Advocate Letitia James said, “As we continue to promote programs that keep homeowners in their homes, and help them exit foreclosure, we must ensure that we remain vigilant in identifying and rooting out scams perpetrated by fraudulent companies. The innovative measures being announced by Attorney General Schneiderman today will protect homeowners at immediate risk of foreclosure, and help inform consumers about the growing threat of foreclosure rescue scams. Foreclosure rescue scams disproportionately target low-income, at-risk, and uninformed property owners, and I am proud to stand with Attorney General Schneiderman as he takes substantive action against predatory schemes, and seeks to educate homeowners at-risk of foreclosure.”

New York City Department of Consumer Affairs Commissioner Julie Meninsaid, “In recent years, New Yorkers have been hit hard by an epidemic of foreclosure rescue scams. I commend Attorney General Schneiderman for working hard to make sure that New Yorkers have all the information they need to indentify fraudulent foreclosure rescue companies, find safe, legal providers of mortgage assistance and report frauds.” 

Christie Peale, Executive Director of the Center for New York City Neighborhoods, said, “Foreclosure rescue scammers have an incredibly damaging impact on our neighbors and our communities. But thanks to AG Schneiderman, New Yorkers can fight back against scammers by learning how to spot scams and by reporting them in real time to the Attorney General. We urge any homeowner who has fallen behind on their mortgage, or worried they might, to call the Homeowner Protection Program Hotline today at 855-HOME-456.” 

Foreclosure rescue scams target vulnerable homeowners and, for an upfront fee, generally promise to save their homes by negotiating lower mortgage payments or principal reductions with the homeowners’ mortgage servicers or lenders. After collecting upfront fees, these scam operations fail to provide the services promised, placing their victims at even greater risk of foreclosure. 

As with the foreclosure crisis itself, New Yorkers have been hit hard by the foreclosure rescue scam epidemic. According to a new report by the Center For New York City Neighborhoods and the Lawyers’ Committee for Civil Rights Under Law, from March 2010 to September 2014, New York homeowners have submitted over 2,700 foreclosure rescue scam complaints, which documented at least $8.25 million in losses. New York homeowners trail only California and Florida in the number of complaints reported to the Loan Modification Scam Database. On average, each New York victim of a foreclosure rescue scam reported a loss of $4,183. However, these scams often result in a domino effort that raises that dollar figure: Homeowners can end up losing tens or even hundreds of thousands of dollars more because their homes fall into foreclosure as a direct result of the scam. 

As many homeowners lack an awareness of foreclosure scams, Attorney General Schneiderman’s new initiative aims to direct needed information to New Yorkers who are most at risk of being victimized by foreclosure rescue scams, providing tips on how to avoid these scams and where to go for assistance. The Attorney General program will promote the web-based app, AGScamHelp, through monthly mailing to homeowners cautioning them about mortgage rescue scams, traditional marketing initiatives such as Google Ads and public service announcements, and grassroots outreach efforts in communities which have been particularly hard-hit by the foreclosure rescue scam epidemic. 

AGScamHelp App

AGScamHelp is a web-based app that is easily utilized on all electronic devices, including computers, smartphones and tablets. Users will also be directed to the app through the Attorney General’s HOPP website, www.AGHomeHelp.com. AGScamHelp has several informational features:

• Search Government-Vetted Companies: AGScamHelp will allow consumers to search the name of an individual or company to determine if that entity is a “government-vetted” agency (that is, either a member of the Attorney General’s HOPP network or a HUD-certified counseling agency). If the company searched is not a government-vetted agency, the consumer will be told to proceed with caution and advised with several tips on how to identify signs of a foreclosure rescue scam. 
   
• Locate Nearby HOPP Partners:The web-based app also features an interactive map that will allow a consumer to find the nearest HOPP grantee. The Attorney General has dedicated $100 million to fund HOPP, a network of more than 85 housing counseling and legal services agencies across the state that are dedicated to providing free assistance to New Yorkers. 
   
• Report Scams:Consumers who have already been contacted by or are in the process of working with a company suspected of operating a foreclosure rescue scam will also have the option to file a complaint with the Attorney General’s Office. They will be directed to a separate page where they can complete a complaint form online. All complaints will be directed to the Attorney General’s Consumer Frauds and Protection Bureau, and will be mediated by the Attorney General’s Office.
   
• Get Tips: AGScamHelp offers details on how to recognize signs of a foreclosure rescue scam, including samples of scam letters and other resources utilized by fraudsters to target homeowners, and provides information about recent foreclosure scams that have been the subject of enforcement actions brought by the Attorney General’s Office and other law enforcement agencies.

Attorney General Schneiderman also remains committed to enforcing laws against scam operations that prey on financially struggling homeowners and those facing foreclosure. His office has already taken action against two such operations, including Litvin Law Firm. Last month, the Attorney General obtained a judgment against Home Affordable Direct and interrelated companies, securing full restitution for all defrauded consumers as well as $2.5 million in penalties and costs. Other investigations into reported foreclosure rescue scams are ongoing.

NEW YORK — Attorney General Eric T. Schneiderman today issued a consumer alert following recent reports that live feeds from unsecured wireless network cameras, or “IP cameras,” have been made publicly available on several websites. These cameras, which thousands of New Yorkers use to remotely monitor their homes, offices, businesses, pets and loved ones, are often shipped to consumers with default user names and passwords that are publicly available. By not changing these default settings, many consumers unwittingly allow their IP cameras to broadcast unsecured, and sometimes unencrypted, live video feeds across the Internet.

“No New Yorker should feel violated in their own homes – especially by a webcam intended to keep our belongings and loved ones safe,” said Attorney General Schneiderman. “As we increasingly rely on web-based services, we must all take additional steps to inform ourselves of any dangers and protect our privacy. By following some simple steps and taking basic precautions, consumers can keep their webcam feed out of the reach of hackers and improve their security.” 

Using simple software, anyone can identify operational IP cameras whose default security settings have not been changed. From there, a hacker could gain access to the camera’s settings using the default login credentials and not only view the camera’s live feed, but also identify the geographical coordinates of the camera.  The hacker can also pan, tilt and zoom the camera to view different parts of the user’s home or business, and change the device’s settings so that the camera’s owner is no longer able to control it.

Attorney General Schneiderman issued the following tips to educate the public so they can better safeguard their privacy:   

• If you have not already done so, change the default username and password on your IP camera immediately.  Use a strong password that only you know.  You may be able to change the password by visiting the website that you use to access the live feed from your camera.  Otherwise, follow the instructions that came with your camera to learn how to change these settings.  If you no longer have the user manual that came with your camera, you may be able to find it on the camera manufacturer’s website.
• Some cameras allow users to deactivate the device’s security functions.  Verify that your camera’s password requirement is turned on. If your camera supports data encryption, make sure this feature is turned on as well.
• Be aware that if you either enter your camera’s login credentials or view your camera’s video feed on a website that does not use encryption technology, that information may be intercepted by others.  Websites that begin with “HTTPS” protect your information by encrypting data transmitted through the site.
• If you use a mobile app to access your camera’s video feed, check to see if the app encrypts your data. If not, avoid using the app on unsecured WiFi networks, such as public hotspots.
• Make sure that the software used to operate and manage your camera is up to date.  Check your camera manufacturer’s website to see if you have the latest version of the software and sign up for update notices.

NEW YORK – Attorney General Eric T. Schneiderman today issued a bulletin to law enforcement agencies around the state regarding the recent termination of the Secure Communities program.  Under the Secure Communities program, United States Immigration & Customs Enforcement (ICE) issued detainer requests which asked that local law enforcement agencies hold an individual in custody beyond the normal release date, while ICE decided whether to take custody of the individual and commence immigration proceedings. This program had come under increasing scrutiny since its launch in 2008.  

Going forward, ICE will no longer request that local law enforcement detain an individual and will instead seek notification of an individual’s pending release from custody. Requests for detention must specify that the individual in question is subject to a final order of removal or that there is sufficient probable cause to believe that the individual is removable.  The Attorney General reminds law enforcement agencies around the state that compliance with any request for detention is not mandatory and remains at the discretion of the responding agency. 

Following President Obama’s recent executive action concerning immigration reform, ICE issued a directive immediately terminating the Secure Communities program. 

"While more work remains to be done, termination of Secure Communities is an important first step towards more effective and supportive policing strategies,” Attorney General Schneiderman said.  “As the chief law enforcement agent for the State of New York, I am committed to ensuring that our police departments and sheriffs’ offices have the most up-to-date information necessary to tailor effective policing strategies to meet the needs of the communities they serve.”

The Secure Communities program will be replaced with the more narrowly prescribed Priority Enforcement Program (PEP). While additional federal guidance is anticipated, under the new program, ICE will continue to review data obtained about individuals who are arrested by local law enforcement. However, going forward, ICE will no longer request that local law enforcement detain an individual and will instead seek notification of an individual’s pending release from custody.  Decisions about whether to respond to such requests for notification of release are voluntary and compliance with these requests remains at the discretion of the local police department or sheriff’s office.

In a limited set of circumstances, ICE may ask that an individual be detained until it takes custody. Under the new federal program, requests for detention must specify that the individual in question is subject to a final order of removal or that there is sufficient probable cause to believe that the individual is removable.  The Attorney General reminds law enforcement agencies around the state that compliance with any request for detention is not mandatory and remains at the discretion of the responding agency. 

Law enforcement agencies across New York State may need to take steps to review their policies and procedures in light of the termination of the Secure Communities program.  

For more information regarding the termination of the Secure Communities Program, click here and here.

A copy of today's bulletin can be read here.

This matter is being handled by Assistant Attorney General Anjana Samant, Special Counsel Jessica Attie and Bureau Chief Kristen Clarke of the Civil Rights Bureau, with assistance from Anisha Dasgupta, Deputy Solicitor General of the Appeals & Opinions Bureau. Alvin Bragg is the Executive Deputy Attorney General for Social Justice.