AG HOLDER MAKES COMMENTS ON RIGHT TO COUNSEL SETTLEMENT WITH NEW YORK STATE

FROM:  U.S. JUSTICE DEPARTMENT
Monday, March 16, 2015
Attorney General Holder Applauds Settlement to Improve Right to Counsel in New York State

Attorney General Eric Holder on Monday hailed the outcome in a lawsuit challenging the lack of funding for public defender programs in five counties in New York State, calling the finalized settlement in the case a “major step forward.”

In September 2014, the Justice Department had filed a statement of interest in the case, known as Hurrell-Harring v. State of New York.  This represented the first time the department addressed the constructive denial of counsel in state courts.  After extensive negotiations, the parties reached a settlement, which Judge Gerald Connolly of the Supreme Court of the State of New York, Albany County, has now signed.  The settlement agreement, which applies to five New York counties, guarantees that indigent criminal defendants will have legal counsel at arraignment, establishes and implements caseload and workload standards for public defenders, provides for effective supervision and training of public defenders and sets new indigency standards for determining whether a defendant is entitled to public counsel.

“This settlement marks a major step forward in the safeguarding of the essential right to effective legal representation, which stands at the core of America’s criminal justice system,” said Attorney General Eric Holder.  “It is simply unacceptable that, today – more than half a century after the Supreme Court’s landmark decision in Gideon v. Wainright affirmed the right to counsel for low-income defendants – America’s indigent defense systems continue to exist in a state of crisis, and inequities remain all too common.  That’s why, especially in recent years, the Department of Justice has fought tirelessly to ensure effective representation for all who are charged with crimes.  With this settlement, we send a clear message that this fight will continue.  And we will never waver in our commitment to ensuring that all Americans receive the rights and protections to which they are entitled.”

“This important settlement agreement is a model, not just for the five counties named in the case, but for all of New York State, and for the country,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division.  “The right to counsel is one of the core guarantees of the Bill of Rights, and yet, as countless cases and studies show, indigent defense systems across the county are facing significant challenges in meeting their Sixth Amendment obligations.”

In Hurrell-Harring the plaintiffs alleged that a lack of funding for indigent defense deprives public defenders of the time or resources to prepare cases or meaningfully represent their clients and amounts to the denial of counsel in violation of Gideon v. Wainwright and the Sixth Amendment.  In its statement of interest, the department advised the court that under resourcing public defense may force even otherwise competent and well-intentioned public defenders into a position where they are, in effect, a lawyer in name only.  The statement of interest added that if the court finds that the plaintiffs have been constructively denied the right to counsel on a systemic basis, the court has broad injunctive authority to remedy those constitutional violations.

The Hurrell-Harring case was filed in 2007 and brought by former indigent defendants who faced criminal charges in Onondaga, Ontario, Schuyler, Suffolk and Washington counties in the state of New York.

MAN ARRESTED FOR TRYING TO ACQUIRE RICIN THROUGH THE "DARK WEB"

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, January 20, 2015
New York Man Indicted For Attempting to Acquire Deadly Toxin, Ricin

Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Preet Bharara for the Southern District of New York and Assistant Director-in-Charge George Venizelos of the FBI’s New York Office, announced today that a federal grand jury returned a two-count indictment against Cheng Le for attempting to acquire and distribute ricin and committing postal fraud.  Le was arrested on Dec. 23, 2014, by the FBI in Manhattan.  He was presented on a Complaint before the U.S. Magistrate Judge James C. Francis IV on Dec. 24, 2014, and has been detained since his arrest.  He is expected to be arraigned on Friday, January 23, 2015, before the United States District Judge Alison J. Nathan.

“As alleged, Cheng Le attempted to acquire ricin, a potentially lethal toxin, through the Dark Web so that it could be used for deadly purposes,” said U.S. Attorney Bharara.  “Thankfully, with the help of our law enforcement partners he was intercepted and must now answer for his alleged crimes.”

“In the shadows of the Dark Web, criminals hide behind a veil of anonymity, sniffing out hidden opportunities to buy and sell illegal and potentially dangerous merchandise,” said Assistant Director-in-Charge Venizelos.  “As alleged, in this case, activity carried out in the marketplace served as a conduit for Le to obtain ricin. In his desire to acquire this potentially deadly toxin, he picked his own poison and now faces the consequences of the justice system.”

According to the Complaint, which was unsealed today in Manhattan federal court, and the indictment:

Ricin is a highly potent and potentially fatal toxin with no known antidote.  In December 2014, an individual (the Ricin Buyer) contacted an FBI online covert employee (the OCE) on an online forum.  During Dec. 2014, the Ricin Buyer exchanged a series of messages with the OCE, during which the Ricin Buyer explored the possibility of the OCE supplying the Ricin Buyer with ricin, for the Ricin Buyer to resell to at least one secondary buyer.

On or about Dec. 18, 2014, the Ricin Buyer directed the OCE to send a quantity of ricin to a particular postal box in Manhattan (the Postal Box).  The FBI later determined that the Postal Box belonged to Cheng Le.  Later that same day, FBI agents observed Le wear latex gloves while retrieving a package from the Postal Box (the Package) and mailing it at a nearby post office (the Post Office).  Law enforcement officers examined the Package, confirmed that it did not contain any hazardous materials, and determined that Le had listed a fake name as the Package’s return address.  A postal employee (the Postal Employee) informed the FBI that the Postal Employee had seen Le at the Post Office on multiple prior occasions and that Le has worn blue latex gloves on at least some of those occasions.

The FBI prepared a package (the Sham Shipment) that was consistent with the Ricin Buyer’s request to the OCE, which was then delivered to the Postal Box.  On Dec. 23, 2014, Le, wearing latex gloves, retrieved the Sham Shipment, opened it, and took the contents to his apartment, whereupon he was arrested by FBI agents.

*                      *                      *

The indictment charges Le, 21, in two counts.  Count One charges Le with attempting to possess a biological toxin for use as a weapon, and carries a maximum sentence of life in prison.  Count Two charges Le with using a fictitious name in furtherance of unlawful business involving the mail, and carries a maximum sentence of five years’ imprisonment.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Assistant Attorney General Carlin is grateful for the outstanding investigative efforts of the FBI, the New York City Police Department (NYPD) and the United States Postal Inspection Service (USPIS).  Le’s arrest is the result of the close cooperative efforts of the Justice Department’s National Security Division, U.S. Attorney’s Office for the Southern District of New York, the FBI’s Joint Terrorism Task Force—which consists of law enforcement officers of the FBI, NYPD, USPIS and other agencies.

The case is being prosecuted by the office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Ilan Graff and Andrew D. Beaty are in charge of the prosecution, with assistance provided by Trial Attorney Joseph Kaster of the Justice Department’s Counterterrorism Section.

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

FEMA SAYS NEW YORK SUVIVORS PROVIDED $2 BILLION

$2 billion provided to NY survivors by FEMA, SBA
Release date:
March 1, 2013
Release Number:
NR-180

NEW YORK — The Federal Emergency Management Agency and the U.S. Small Business Administration have approved more than $2 billion in direct assistance to homeowners, renters and businesses affected by Hurricane Sandy. This includes:
Nearly $918 million in FEMA grants approved for individuals and households
More than $793 million for housing assistance
More than $124 million for other needs More than $1.1 billion in SBA disaster loans approved for homeowners, renters and businesses
:Other assistance
More than $717 million approved in FEMA Public Assistance grants to communities and eligible nonprofit organizations that serve the public
More than $2.6 billion in National Flood Insurance Program payments made to policy holders
5.3 million cubic yards of debris removed
269,192 people contacted FEMA for help or information
180,406 housing inspections completed
164,194 visits to Disaster Recovery Centers
More than 500 voluntary agencies involved in recovery
25 languages used to communicate assistance information to survivors

FEMA APPROVED NEARLY $633 MILLION FOR INDIVIDUALS AND FAMILIES TO RECOVER FROM HURRICANE SANDY

 

121110-N-ZZ999-003 BREEZY POINT, N.Y. (Nov. 10, 2012) Builder Constructionman Sean McHugh, Construction Mechanic Constructionman Devin Leahr and Builder 3rd Class Glenn Reardon, all assigned to Naval Mobile Construction Battalion (NMCB) 5, installing plywood to a building that was damaged during Hurricane Sandy. (U.S. Navy photo by Electronics Technician Seaman Sean Roozen/Released)

FROM: FEDERAL EMERGENCY MANAGEMENT AGENCY
NEW YORK — Since Hurricane Sandy struck New York, the Federal Emergency Management Agency has approved nearly $633 million to help individuals and families recover from the disaster.

FEMA is reaching out to all 13 designated counties with attention focused on the hardest hit areas of New York State. Assistance to the hardest hit areas includes:
Bronx $1.4 million
Kings $129.3 million
Nassau $217.4 million
New York $7.1 million
Queens $165.2 million
Richmond $65.9 million
Suffolk $43.8 million
FEMA provides the following snapshot of the disaster recovery effort as of Nov. 23:
More than 225,000 New Yorkers have contacted FEMA for information or registered for assistance with FEMA and nearly $633 million has been approved. Almost 116,000 have applied through the online application site at www.disasterassistance.gov, or on their smart phone at m.fema.gov.
36 Disaster Recovery Centers (DRCs) are open in the affected areas. These include mobile sites as well as fixed sites, and to date more than 47,000 survivors have been assisted at DRCs in New York.
Nearly 1,300 inspectors in the field have completed almost 123,000 home inspections.
1,067 Community Relations (CR) specialists are strategically positioned throughout affected communities, going door to door explaining the types of disaster assistance available and how to register. More teams continue to arrive daily.
9 fixed feeding sites are being operated by the New York City Office of Emergency Management.
4 Disaster Medical Assistance Teams (DMATs), 1 Rapid Deployment Force (RDF) and 1 National Veterinary Response Team (NVRT) from the Department of Health and Human Services remain deployed in New York.
13 New York counties are designated for both individual and public assistance, including: Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster and Westchester.
The U.S. Small Business Administration (SBA) has staff members at 18 Business Recovery Centers in the New York area to provide one-on-one help to business owners seeking disaster assistance and has approved more than $18.7 million in disaster loans to both individuals and businesses.
Individuals can register online at www.disasterassistance.gov or via smart phone at m.fema.gov. Applicants may also call 1-800-621-3362.

FEMA APPROVES $156 MILLION FOR INDIVIDUAL STORM VICTIMS IN NEW YORK

In Maryland, Disaster Volunteers Board Buses For New York.  Credit:  FEMA

FROM: FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA Approves $156 Million in Individual Assistance for New York’s Sandy Survivors

Release date:
November 6, 2012
Release Number:

NEW YORK CITY — Since Hurricane Sandy struck New York a week ago, the Federal Emergency Management Agency (FEMA) has approved more than $156 million to help individuals and families recover from the disaster.

FEMA provides the following snapshot of the disaster recovery effort as of Nov. 6:
More than 123,000 New Yorkers have registered with FEMA for disaster assistance.
20 Disaster Recovery Centers (DRC) have been opened in the nine declared counties.
1,556 FEMA personnel deployed to New York in response to Hurricane Sandy.
More than 800 Community Relations (CR) specialists are strategically positioned throughout affected communities, going door to door explaining the types of disaster assistance available and how to register. More teams continue to arrive daily.
More than 1,000 inspectors in the field have completed more than 13,300 home inspections.
New York’s major disaster declaration was amended so that the nine declared counties are approved for all categories of Public Assistance, which includes reimbursement for eligible costs of emergency response services, debris removal and repairs to public infrastructure.
Individuals can register online at www.disasterassistance.gov or via web-enabled phone at m.fema.gov. Applicants may also call 1-800-621-3362 or (TTY) 1-800-462-7585. Those who use 711-Relay or Video Relay Services (VRS) should call 1-800-621-3362. The toll-free telephone numbers operate from 7 a.m.to 10 p.m. EDT seven days a week until further notice.

NEW YORK STATE GETS OVER $7 MILLION FROM FEMA FOR HURRICANE IRENE RECOVERY EFFORTS

Photo Credit NASA
FROM:  FEDERAL EMERGENCY MANAGEMENT AGENCY
ALBANY, N.Y. -- The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) has announced over $7 million in Federal grant funding to the State of New York for expenses associated with Suffolk County’s recovery from Hurricane Irene.

FEMA recently approved three debris removal projects within Suffolk County. Applications were approved for the Town of Smithtown, Town of Brookhaven, and Suffolk County. Combined, FEMA approved more than $7 million in federal funds to assist with these debris removal projects. The funds represent 75 percent of the total cost of the projects.

“FEMA is pleased to provide funding for these important projects in support of New York State’s recovery from Hurricane Irene,” said Federal Coordinating Officer Philip E. Parr.

Town of Smithtown:  During the period from Aug. 26 to Sept. 5, 2011, Hurricane Irene's high winds and soaking rains caused 1,855 tons of debris within the Town of Smithtown. FEMA has approved $1,009,769 in funding to reimburse the Town for the federal share of the project to remove debris.

Town of Brookhaven:  On Aug. 26, 2011, Hurricane Irene’s heavy rain and gale force winds caused over 16,894 tons of debris throughout the Town of Brookhaven. FEMA has approved $4,296,116 in funding to reimburse the Town for the federal share of the project to remove debris from within the Town limits.

Suffolk County: During the initial response to Hurricane Irene, Suffolk County activated personnel from all departments to assist in cleanup operations, utilizing its own equipment as well as hiring additional contractors with specialized equipment to provide additional help to collect, reduce and dispose of debris. The county submitted an application for reimbursement for costs associated with the emergency debris removal. FEMA has approved the county’s application, granting $1,745,715 to Suffolk County for a major debris removal project.  

FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.