FBI CHARGES 48 WITH MASSIVE MEDICAID PRESCRIPTION DRUG FRAUD IN THE MILLIONS

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WPCNR FBI WIRE. SPECIAL TO WPCNR FROM THE FEDERAL BUREAU OF INVESTIGATION. JULY 17, 2012:


Preet Bharara, the United States Attorney for the Southern District of New York; Janice K. Fedarcyk, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI); Raymond W. Kelly, the Police Commissioner of the City of New York (NYPD); and Robert Doar, the Commissioner of the New York City Human Resources Administration (HRA), announced today the unsealing of charges against 48 defendants.


They will be charged for their participation in a massive fraud scheme involving the unlawful diversion and trafficking of hundreds of millions of dollars’ worth of prescription drugs that had previously been dispensed to Medicaid recipients in the New York City area (“second-hand” drugs), in a national underground market.


As a result of the fraud, Medicaid lost more than an estimated $500 million in reimbursements for pills that were diverted into this second-hand black market. Forty-two of the defendants were charged in a superseding indictment, and six more were charged in a complaint.


Thirty-four of the defendants were arrested this morning in connection with today’s charges. Fifteen defendants were taken into custody in New York and New Jersey, and an additional defendant from the area was expected to surrender today. These 16 defendants were to  be presented and arraigned in Manhattan federal court before U.S. Magistrate Judge Frank Maas later this afternoon.


Nineteen other defendants were arrested in Pennsylvania, Massachusetts, Florida, and Texas and are expected to appear today and tomorrow in federal courts in those states. The remaining defendants charged are at large.


Manhattan U.S. Attorney Preet Bharara said,


“As alleged, these defendants ran a black market in prescription pills involving a double-dip fraud of gigantic proportions. It worked a fraud on Medicaid—in some cases, two times over—a fraud on pharmaceutical companies, a fraud on legitimate pharmacies, a fraud on patients who unwittingly bought second-hand drugs, and ultimately, a fraud on the entire health care system. With the dozens of arrests we made today, we have taken a significant step toward exposing and shutting down the black market for second-hand drugs, and our investigation is very much ongoing.”


FBI Assistant Director in Charge Janice K. Fedarcyk said,


“The scheme to collect, aggregate, and resell costly prescription drugs was bad medicine in three ways: profiting so obscenely by breaking the law is the very definition of unjust enrichment. The scheme was theft, plain and simple, from a program funded by taxpayers. And the scheme posed serious health risks at both the collection and distribution ends. People with real ailments were induced to sell their medications on the cheap rather than take them as prescribed, while end-users of the diverted drugs were getting second-hand medicine that may have been mishandled, adulterated, improperly stored, repackaged, and expired.”


NYPD Commissioner Raymond W. Kelly said,


“It’s one thing when people sell their blood for money; it’s another when they sell their drugs, especially when the diversion compromises the pharmaceutical supply with tainted and outdated drugs.”


HRA Commissioner Robert Doar said,


“This case is an egregious example of individuals preying on our most vulnerable population. The diversion, repackaging, and reselling of HIV/AIDS medications, in some cases expired, is a danger to our public health. The integrity of the Medicaid Program has been threatened by these criminals who have used taxpayer dollars for the opposite reasons for which they are intended. But make no mistake, together with our law enforcement partners, we will continue to pursue these types of criminals and prosecute them to the fullest extent of the law.”


The following allegations are based on the superseding indictment, the complaint, and other documents unsealed today in Manhattan federal court:


The prescription drugs involved in this scheme were drugs designed to treat various illnesses, including HIV, schizophrenia, and asthma, and were non-controlled substances that did not lend themselves to abuse. These second-hand drugs were originally dispensed to Medicaid recipients in the New York City area who then sold them into collection and distribution channels that ultimately ended at pharmacies for resale to unsuspecting consumers.


The defendants and their co-conspirators profited by exploiting the difference between the cost to the patient of obtaining the prescription drugs through Medicaid, which was usually nothing, and the hundreds of dollars per bottle that pharmacies paid to purchase those drugs to sell to their customers. In order to maximize their profits, the defendants and their co-conspirators targeted the most expensive drugs, which often cost more than $1,000 per bottle.


The Fraudulent Distribution and Trafficking Scheme


The lowest level participants in the scheme (the “Medicaid beneficiaries”) were typically AIDS patients or individuals who suffered from other illnesses that required expensive drug therapies. Using their Medicaid benefits to cover the costs, the Medicaid beneficiaries filled prescriptions for month-long supplies of drugs at pharmacies throughout the New York City area and then sold them to “collectors” for cash instead of using them for treatment.


These transactions occurred at street corners and bodegas in and around New York City, including in the Washington Heights neighborhood of Manhattan and in the Bronx. Collectors then sold the second-hand bottles to higher level participants in the scheme (“aggregators”), who typically bought large quantities of second-hand drugs from multiple collectors.


These transactions repeated themselves at increasingly higher levels of aggregators who purchased the drugs from multiple, lower level aggregators. The pills were ultimately sold to wholesale prescription drug distribution companies (“corrupt distribution companies”), which then sold them to pharmacies and to other wholesale prescription distribution drug companies across the United States.


Ultimately, these pharmacies then dispensed the second-hand drugs to unsuspecting customers, some of whom likely were Medicaid beneficiaries. Therefore, in some cases, Medicaid would have reimbursed patients for the same drugs twice—the second time for drugs that were misbranded, adulterated, and possibly expired—and would thereby have been defrauded twice.


The defendants charged in the superseding indictment and the complaint include collectors, aggregators, and owners and operators of the corrupt distribution companies who were carrying out this scheme in states including New York, New Jersey, Pennsylvania, Florida, Texas, Massachusetts, Utah, Nevada, Louisiana, and Alabama.


In addition, several defendants were also charged with narcotics trafficking offenses for buying and reselling drugs including Oxycodone and Oxymorphone.


The Fraudulent Labeling Scheme


Because the prescription drugs involved in the scheme were not drugs of abuse and were ultimately going to be resold in the legal drug distribution chain, it was essential that they be packaged in bottles that appeared to contain new drugs that came directly from the manufacturer via authorized and licensed wholesale distributors. Therefore, the defendants and their co-conspirators had to restore the previously dispensed bottles to their original appearance, with the manufacturer’s label still intact but without the patient labels that pharmacies affix when dispensing drugs to a patient.


After purchasing the second-hand bottles originally dispensed to Medicaid beneficiaries, the defendants and their co-conspirators used lighter fluid and other means to dissolve the adhesive on the patient labels so that they could be removed. During the process, the manufacturers’ labels sometimes became damaged, and/or the second-hand drugs were close to their expiration dates or had already expired.


When the bottles were not resaleable because of damaged manufacturers’ labels or expiration date problems, some of the defendants replaced the original manufacturers’ labels with counterfeit labels and/or altered the labels to backdate their expiration dates. Some of these counterfeit prescription drug manufacturers’ labels were obtained by two of the defendants from the Dominican Republic. In other instances, the defendants and their co-conspirators removed the drugs from the bottles and trafficked in loose pills, which were then completely untraceable.


E-mails obtained by search warrant revealed that a certain subset of the defendants bought and sold more than $62 million worth of second-hand prescription drugs during an approximately 12-month time period during the conspiracy, which they meticulously documented in a business-like manner through purchase orders and receipts scanned onto their computers and uploaded into e-mail accounts.


The Second-Hand Pills


The second-hand pills that found their way back into the legal drug distribution stream were potentially dangerous to the unwitting consumers who purchased them for several reasons. For example, the defendants and their co-conspirators stored the drugs in uncontrolled conditions, such as car trunks, residences, and rented storage facilities, which would have compromised the medical efficacy of the drugs over time.


During the investigation, the FBI seized more than $16 million worth of second-hand prescription drugs, comprised of more than 33,000 bottles and more than 250,000 loose pills, kept in uncontrolled and sometimes egregious conditions by various defendants and their co-conspirators.


* * *


Charts identifying each defendant, the charges, and the maximum penalties are below. The indicted case is assigned to U.S. District Judge Denise L. Cote.


Mr. Bharara praised the efforts of the FBI’s Health Care Fraud Task Force and thanked FBI, NYPD, and HRA for their work on the case. The New York FBI Health Care Fraud Task Force was formed in 2007 in an effort to combat health care fraud in the greater New York City area. The task force is comprised of agents, officers, and investigators from the FBI, NYPD, the New York State Insurance Fraud Bureau, U.S. Department of Labor, U.S. Office of Personnel Management Inspector General, U.S. Food and Drug Administration, New York State Attorney General’s Office, New York State Office of Medicaid Inspector General, New York State Health and Hospitals Inspector General, and the National Insurance Crime Bureau.


Mr. Bharara thanked the Drug Enforcement Administration, Immigration and Customs Enforcement’s Homeland Security Investigations, and the New York State Office of the Medicaid Inspector General for their assistance. He also thanked the FBI’s Boston, Houston, Miami, Newark, Philadelphia, and Salt Lake City Field Offices, as well as the U.S. Attorney’s offices in New Jersey, Massachusetts, Texas (Southern), Florida (Southern), Pennsylvania (Eastern), and Utah for their assistance in the investigation.


If you think you may have purchased second-hand prescription drugs or were otherwise victimized by this scheme, you can call the FBI Hotline at 212-384-3555.


The case is being prosecuted by the Office’s Organized Crime Unit. Assistant U.S. Attorneys Jason A. Masimore and Russell Capone are in charge of the prosecution. Assistant U.S. Attorney Alexander Wilson of the Office’s Asset Forfeiture Unit is responsible for the forfeiture of assets.


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


* * *


U.S. v. Viera, et al.

































Count Charge Defendants Maximum Penalties
1 Conspiracy to commit wire fraud, mail fraud, and healthcare fraud

Juan Carlos Viera
Jose Manuel Dominguez
Julio Dominguez
Carlos Alberto Padron
Juan Manuel Tavarez Padilla
Juan Tavarez
Aura Catalina Tavarez
Edwin M. Tavarez
Israel Tacher
Roberto Tacher
Vanessa Rosario
Eligio Armas
Eduardo Diaz
Carlos Peralta
Joselito Peralta
Juan Carlos Peralta
Hanser Olivo Liranzo
Kelvin Manuel Martinez Taveras
Glenn Luis Cabrera
Fary R. Caba Padilla Miguel Padilla
Americo Luis Garcia Dominguez
Wilfred Rodriguez
Jose Ramon Gonzalez Alex Justo
Yoel Fernandez Rivero
Amauris A. Rosario
Jacqueline Jimenez
Luis Santana
Bayohan Diaz
Paulino Cayetano
Armando Garcia
Sergio Novo
Lazaro Ospina

0 years in prison
2 Conspiracy to commit adulteration and misbranding offenses and the unlawful wholesale distribution of prescription drugs Juan Carlos Viera
Jose Manuel Dominguez
Julio Dominguez
Carlos Alberto Padron
Juan Manuel Tavarez Padilla
Juan Tavarez
Aura Catalina Tavarez
Edwin M. Tavarez
Israel Tacher
Roberto Tacher
Vanessa Rosario
Eligio Armas
Eduardo Diaz
Carlos Pera
Joselito Peralta
Juan Carlos Peralta
Hanser Olivo Liranzo
Kelvin Manuel Martinez Taveras
Glenn Luis Cabrera
Fary R. Caba Padilla
Miguel Padilla
Americo Luis Garcia Dominguez
Wilfred Rodriguez
Jose Ramon Gonzalez
Alex Justo
Yoel Fernandez Rivero
Amauris A. Rosario
Jacqueline Jimenez
Luis Santana
Bayohan Diaz
Paulino Cayetano
Armando Garcia
Sergio Novo
Lazaro Ospina
Five years in prison
3 Conspiracy to commit trafficking in counterfeit goods Vanessa Rosario
Joselito Peralta
10 years in prison
4 Narcotics conspiracy Juan Manuel Tavarez Padilla
Juan Tavarez
Aura Catalina Tavarez
Vanessa Rosario
Joselito Peralta
Hanser Olivo Liranzo
Amauris A. Rosario
Brenda Santos
Ira Karp
Joel Gabriel Casado
20 years in prison
5 Narcotics conspiracy Luis Santana
Bayohan Diaz
Luis Abreu
Paulino Cayetano
Jose Felipe
Benito Duran
Arelis Lee
Milagros Acevedo
20 years in prison


U.S. v. Oria, et al.


















Count Charge Defendants Maximum Penalties
1 Conspiracy to commit mail fraud and healthcare fraud Alex Oria
Joe H. Nelson
Kenneth Nelson
Conrado Vazquez
Efren Ruiz
Abel Gonzalez
20 years in prison
2 Conspiracy to commit money laundering Alex Oria
Joe H. Nelson
Kenneth Nelson
20 years in prison


Defendants’ Ages and Residencies































































































































































































Defendant Residence Age
Juan Carlos Vier Hialeah, Florida 49
Jose Manuel Dominguez Miami, Florida 62
Julio Dominguez Miami, Florida 60
Carlos Alberto Padron
Miami, Florida 54
Juan Manuel Tavarez Padilla Cliffside Park, New Jersey 30
Juan Tavarez New York, New York 58
Aura Catalina Tavarez New York, New York 36
Edwin M. Tavarez Cliffside Park, New Jersey 26
Israel Tacher Miami, Florida 62
Robert Tacher Miami, Florida 37
Vanessa Rosario Cutler Bay, Florida 28
Eligio Armas North Bergen, New Jersey 54
Eduardo Diaz Cliffside Park, New Jersey 58
Carlos Peralta West New York, New Jersey 49
Joselito Peralta Ridgefield Park, New Jersey 37
Juan Carlos Peralta Ridgefield Park, New Jersey 24
Hanser Olivo LIRANZO Fairview, New Jersey 32
Kelvin Manuel Martinez Taveras Bronx, New York 33
Glenn Luis Cabrera Ridgefield Park, New Jersey 22
Fary R. Caba Padilla Bronx, New York 21
Miguel Padilla Bronx, New York 62
Americo Luis Garcia Dominguez Miami, Florida 29
Wilfred Rodriguez Brooklyn, New York 49
Jose Ramon Gonzalez New York, New York 48
Alex Justo New York, New York 37
Yoel Fernandez Rivero Miami, Florida 32
Amauris A. Rosario Bronx, New York 31
Jacqueline Jimenez New York, New York 37
Luis Santana Richmond Hill, New York 39
Bayohan Diaz Richmond Hill, New York 27
Paulino Cayetano Bronx, New York 36
Armando Garcia Guttenberg, New Jersey 40
Sergio Novo North Arlington, New Jersey 74
Lazaro Ospina Bloomfield, New Jersey 71
Brenda Santos Philadelphia, Pennsylvania 34
Ira Karp New York, New York 77
Luis Abreu Worcester, Massachusetts 32
Joel Gabril Casado Gabriel
Bronx, New York 27
Jose Felipe
Brooklyn, New York 47
Benito Duran
Philadelphia, Pennsylvania 38
Arelis Lee Brooklyn, New York 56
Milagros Acevedo Brooklyn, New York 48
Alex Oria Missouri City, Texas 55
Joseph Nelson Sugar Land, Texas 75
Kenneth Nelson Sugar Land, Texas 52
Conrado Vazquez Miami, Florida 40

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County Mortgage Tax $$ Down 6% in first 6 months of 2012

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WPCNR COUNTY CLARION-LEDGER. Special to WPCNR from the Westchester County Clerk Office. July 17, 2012:


Revenue figures released today by Westchester County Clerk Timothy C. Idoni indicate that county mortgage tax receipts have fallen below first half collections in 2010 and 2011. 


 


The mortgage tax, considered a major county revenue source, continues to struggle as the national economy and our local real estate market recover.  The county received $6,170,454 this year so far, down 6.38% from the same point in both 2010 and 2011. 


 


“We are hopeful that record low interest rates combined with the slow improvement we are seeing in our local real estate market will result in a steady increase in this important revenue source in the second half of the year,” stated Idoni whose office collects mortgage tax for Westchester County.


 


Mortgage Tax Collected (County Portion Only)


2008-2012


 


       2008                       2009                       2010                     2011                 2012 (through 6/30/2012)


 


$19,279,690 $12,425,216 $12,969,204 $13,079,307   $6,170,454


 


The total 2012 mortgage tax for the county is projected to be only about a third of the $39,836,895 collected in 2005 when the real estate market was at its recent peak.  A comparison of the first half revenues from 2008 through 2012 follows:


                


    2008 (% chg from prior yr)     2009                         2010                               2011                   2012


 $10,793,553 (-)   $5,273,233 (-51.14%)    $6,478,880 (+22.86%)   $6,590,654 (+1.73%)   $6,170,454 (-6.38%)


 


Idoni has collected fifty nine percent (59%) of his land records departmental revenue budgeted for 2012 at the halfway point in the year.  As was the case in 2011, the source appears to be an increase in the number of consolidations, extensions and modifications of mortgages on properties throughout the county. 


 


While the filing of consolidations and modifications does generate some limited revenue for the county in the form of recording fees, there is often no mortgage tax due as no additional amounts have been borrowed.


 


For more information about the Office of the County Clerk, please call (914)995-3080 or visits www.WestchesterClerk.com.


 

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FASNY HIRES TEATOWN TO STUDY OPEN SPACE PRESERVATION ON DEFUNCT GOLF CLUB

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WPCNR SOUTH END TIMES. From  The French American School of  New York. July 9, 2012:


The French-American School of New York (FASNY) said today that it has contracted with one of the region’s leading environmental education organizations to conduct an in-depth baseline biodiversity study of the 84 acres of the former Ridgeway County Club that it is dedicating for its Greens to Green Conservancy, permanent publicly accessible open space. 


 


The school, which purchased the 130-acre former private golf club in January 2011, said the study would be conducted by Teatown Lake Reservation Inc., headquartered in Yorktown in northern Westchester, a respected regional environmental research and education center with expertise in assessing natural conditions and species.  Teatown’s assessment will serve as the foundation for all future management and research decisions relating to the Greens to Green Conservancy at the French-American School of New York in White Plains.  The study will commence this month and will assess the site during all four seasons.


 


The school’s concept for the conservancy is to restore the natural character of what for a century had been an intensively managed, artificial golf course environment to a more natural state, which the school refers to as ‘undevelopment.’ Key aspects of the study will include analysis of habitat and meadow restoration. Teatown will evaluate various strategies applicable to the site including meadow, wetland, pond and forest restoration. Potential short- and long-term agricultural uses for the site will also be evaluated and a protocol for on-site evaluation of meadow restoration practices will be developed.


 



“We are fortunate that Teatown agreed to serve as the primary consultant on the Greens to Green Conservancy, a significant component of the plan for our school campus and conservancy on the former golf course property,” said Mischa Zabotin, Chairman of the School’s Board of Trustees.


 


 “The members of our Conservancy Task Force spent many months visiting and meeting with the leaders of virtually every environmental education organization, land conservancy, nature center and land trust in the region, including Westchester, adjacent Connecticut and the Lower Hudson Valley. From this very impressive array, Teatown stood out as offering a science-based program that could provide the kind of in-depth analytic knowledge we need to create this unique conservation opportunity.”


 



Dianne Barron, Teatown’s Interim Executive Director, said the chance to work with the French-American School of New York at the early stages of the Greens to Green Conservancy was welcomed by the organization and its staff.


 


“To be able to work on a creative plan for the restoration of a golf course back to a natural state comes along very rarely. We applaud the French-American School of New York for its willingness not only to set aside nearly two thirds of the property it acquired as permanent publicly accessible open space, but for its commitment to exploring the unique educational opportunities that it affords. We look forward to a successful collaborative relationship as Greens to Green evolves.”


 



The site studies will be led by Michael Rubbo, Ph.D., Teatown’s Director of Conservation Science. Rubbo directs Teatown’s scientific research program and has extensive experience as an environmental consultant specializing in biodiversity assessments and conservation planning. He received his Ph.D. in Biology from The Pennsylvania State University and his B.S. from the SUNY College of Environmental Science and Forestry. He held a post-doctoral appointment at Virginia Polytechnic Institute. He has authored numerous articles on ecology and conservation in international scientific journals as well as in the mainstream media.


 



Through the Greens to Green project, Teatown extends its involvement in White Plains. In partnership with the White Plains Youth Bureau and Kids Excel program, Teatown has worked with 450 White Plains students a year for the past three years, a demonstration of the city’s belief in the impact of environmental education.


 



John Botti, parent of a student at the school, Trustee, and member of the Conservancy Task Force, said the biodiversity study and restoration analysis are evidence of the school’s commitment to the project and is the next step in developing a management plan for the Conservancy.


 


“A great deal of preliminary study has gone into the Greens to Green concept planning, but at this stage we need to turn to experts to conduct the in-depth evaluation that will provide the baseline upon which a management and stewardship program will be based. The Conservancy will play an integral role in the future educational program of our school as well as providing a significant addition to the open space inventory of White Plains. We have a chance to make this a unique teaching and learning opportunity while at the same time providing a beautiful natural setting for the enjoyment of the public. We want to get it right, and Teatown has the expertise to help assure that we do.”


 



The school recently launched the www.GreenstoGreen.org website that provides a comprehensive overview of the concept including maps and renderings. There is also an on-line petition for those who wish to express their support for the project. The City of White Plains is currently reviewing the Draft Environmental Impact Study for the proposed plan to create the French-American School of New York’s campus in White Plains, including the Greens to Green Conservancy.

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2nd Quarter County Home Sales Surge. Prices May be Leveling Out Realtors Hope

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WPCNR REAL ESTATE NEWS. Special to WPCNR from the Westchester-Putname Hudson Gateway Multiple Listing Service  July 9, 2012 (EDITED)


The Westchester-Putnam real estate market posted an improved performance in April May June.  Realtors participating in the Westchester-Putnam division of the Hudson Gateway Multiple Listing Service reported 1,788 closed residential sales in Westchester County, and 177 sales in Putnam County, during the second quarter of 2012.  These were increases of 13.0% and 23.8%, respectively, from the totals posted during the second quarter of 2011.


 


In Westchester, single family house sales led the improvement with a 16.7% increase. Condo sales were up by 12.8% and co-op sales by 7.0%.  In Putnam County, single family house sales increased by 31.1%, albeit in comparison to very poor sales results last year.


 


 


 

The second quarter median sale price2 of a Westchester single family house was $619,000 – a slight decrease of 0.6% from last year. The $156,250 cooperative median was also down by 0.6% and the condominium median of $338,000 was down by 3.0% from a year ago. Mean2 (average) sales prices were down by roughly the same percentages; for example, the mean sale price of a Westchester house was $852,636, a decrease of 0.5% from last year.


 


 When all the averages track in the same direction together, it often signifies that all price ranges and property types are being affected the same way.


 


In this case, gradual price reductions that appear close to bottoming out.


 


High-end properties, defined as those selling for $1 million or more, amounted to 22.7% of all single family house sales in Westchester, nearly the same ratio as was posted during the second quarters of 2011 and 2010.



On a seasonally adjusted1 basis, the second quarter sales in Westchester were equivalent to an annual sales rate of some 6,810 units, an increase of about 2% from the prior quarter. Taking the first quarter of 2012 into consideration as well, the likely year-end total if this pace of sales persists will be in the range of 6,700 – 6,900 units in Westchester and 650-700 units in Putnam, making 2012 the strongest year since the real estate recession gripped our region in 2008.



 


Prices start to level out?



The second quarter median sale price2 of a Westchester single family house was $619,000 – a slight decrease of 0.6% from last year. The $156,250 cooperative median was also down by 0.6% and the condominium median of $338,000 was down by 3.0% from a year ago. Mean2 (average) sales prices were down by roughly the same percentages; for example, the mean sale price of a Westchester house was $852,636, a decrease of 0.5% from last year.


 


 When all the averages track in the same direction together, it often signifies that all price ranges and property types are being affected  the same way, in this case, by ever more gradual price reductions that appear close to bottoming out.


 


High-end properties, defined as those selling for $1 million or more, amounted to 22.7% of all single family house sales in Westchester, nearly the same ratio as was posted during the second quarters of 2011 and 2010


.



In Putnam County, the median sale price of a single family house was $299,500, a $20,500 or 6.4% drop from last year. Putnam often lags Westchester on key volume and price indicators.



 


Inventory tightened. Market drivers give mixed signals.



 


There were 7,081 residential units listed for sale in the Multiple Listing Service in Westchester at the close of the quarter, 11.5% fewer than last year. In Putnam County the decrease was 11.7%. The recent spurt in sales volume accounted for some of the constriction of inventory, but most of it remained due to the reticence of property owners to enter the housing market while economic conditions remained shaky.


 



The closings that are the subject of this report were largely listed and negotiated during the 2011-2012 winter months and early spring. At that time, mortgage interest rates were quite low – in the range of 4.2-4.3% for 30-year conventional loans. They have since dropped below 4.0%. However, the current inherent affordability of mortgage financing is offset to some extent by much tighter lending criteria.


 


Uncertainty in Employment


 



Uncertain Job growth and job security continue to worry consumer confidence in homebuying. Although unemployment in Westchester and Putnam is well below that of the nation or of New York State as a whole, it is still high here by historical standards.


 


Further, in the opening months of 2012 when some of these closed listings were headed to contract, Westchester’s unemployment rates began to exceed 2011’s levels – not by much, but enough to give pause to some prospective purchasers. And there still is not enough job growth to stimulate buying activity. The only truly positive indicator during that period was the improvement in the equities markets, especially the Dow Jones average, which we know subsequently lost all of its gains, plus more, by the beginning of June.



 


Still, these are conditions that existed some 3-4 months ago. There is much commentary by member Realtors in the field that there is very strong market activity right now which they are characterizing as release of pent-up demand. It will take another several months to know if all that showing and marketing activity results in a true, lasting market rebound.



1 The seasonally adjusted rate is an annualized rate for a given quarter. It represents what the total sales volume would be for the whole year based on prior quarters’ customary shares of total annual sales.


2 The median sale price is the mid-point of all reported sales, i.e., half of the properties sold for more than the median price and half for less. The median is not affected by unusually low or high sale prices. The mean sale price is the arithmetic average, i.e., the sum of all sales prices divided by the number of sales. The mean does reflect the influence of sales at unusually low or high prices.



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Ol’Time Music Man Charms with Boosterism, Sentimentality and Victoria Lauzun

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WPCNR ON THE AISLE. Theatrical Review by John F. Bailey. July 7,2012:


 


 You’re watching the ingeniously-conceived  Rock Island passenger car  rattle and chug, carrying fast-talking traveling salesmen jittering with every clack across old-time turn-of-the-century America to River City on the Westchester Broadway Theatre stage.


 



Scott Bierko as The Music Man.


Photos by Eli Silverman, Courtesy The Family Theatre Company


 


It’s the Family Theatre Company’s traditional non-Equity production of Meredith Willson’s 1957 MUSIC MAN, as the fantastic living rail car “sshhhhes, hisses, and huffs” to a rollicking start with fast-talking Charlie Cowell and his salesmen conversation matching railcar rhythm you know it’s going to be a great night:


 


Never heard of any salesman Hill
Now he dosen’t know the territory
Dosen’t know the territory?!?
What’s the fellow’s line?
Never worries bout his line
Never worries bout his line?!?
Or a doggone thing. He’s just a bang beat, bell ringing,
Big haul, great go, neck or nothin, rip roarin,
every time a bull’s eye salesman. Thats Professor Harold Hill, Harold Hill
What’s the fellows line?
Whats his line?
He’s a fake, and he doesn’t know the territory!


 


The full-house on opening night Friday shifted into high spirits by the signature song of the overture, 76 Trombones, then knew they were in for a rollicking evening. They reconnected with an America long gone. Harold Hill played by Yorktown Heights music teacher, Scott Bierko, is coming to River City to start up a band. Winner of 5 Tonys in 1957, including Best Musical, and a Grammy for Best Original Cast Album, The Music Man is pulling into the WBT for a run through August 29.


 



 


Victoria Lauzun, (far right) American Musical and Dramatical Academy graduate, wins admirers at first-sung words, casting her spell, her glittering luxurious soprano singing  Goodnight My Someone.  When she sings, everyone in the audience listens, transported. To borrow from  Byron, to describe this ingenue’s voice, “she sings in beauty like the night.” Left to right, the “Board of Education Quartet,”: FaTye, Martin Bonventre, Jimmy Tate, Brian Conlin; Brandon Singel as Winthrop,Lexi Staub as Amaryllis, Bierko and Victoria Lauzun.


 


Lauzun plays librarian Marion with engaging primness, intelligence and propriety, suspicioning the charming Hill (Bierko) is not what he claims to be. Will she turn him in? Will she spoil her dreams, her townspeople’s hopes, the stuff dreams are made of? Not in this musical! At the very end, theatre lovers, the heart of  this old-time America saves the day.


 


 


 


 


 


 


Ms. Lauzun’s My White Knight, stirs women and men to dream again with a voice of unique emotional connection singing ”My white knight, not a Lancelot, nor an angel with wings Just someone to love me, who is not ashamed of a few nice things.
My white knight who knew what my heart would say if it only knew how.
Please, dear Venus, show me now.”


 


Mr. Bierko, in sporty patent leather shoes,flashy suit with gift of glib, bluster and blab, paints a community-pride picture of 76 trombones leading a big parade. He wins instrument purchasers by the score. He’s selling community spirit, pride, everything we are all suckers for.


 


He convinces River City residents Ya Got Trouble (In River City) with the enterprising Mayor Shin is opening a pool hall that will, Hill says, corrupt youth.  His pitch – the citizens need to keep their  youth out of the pool den by starting a community band, buying instruments and uniforms, and he, Hill will teach their children to play with his “Think Method.”


 


Star turns” step up this American musical morality tale of Midwestern values and  good old hucksterism.


 


Peter Ackerman playing the Mayor, his pool hall threatened, asks the Board of Education to investigate Hill’s “credentials.” Hill charms the Board of Education by recognizing the potential of their voices, and creates a Board of Education quartet.


 


The Board of Ed interludes are  a “Greek Chorus of harmony” guiding us through the melodrama going on. The four (FaTye, Jimmy Tate,Brian Conklin, and Martin Bonventre)  stop the audience who hang on their every harmony from Ice Cream and Sincere in Act I and come back for Goodnight Ladies in Act One, and charm us some more Board of Ed Harmony in Act II  even dueting with Ms. Lauzun on It’s You and Lyda Rose and Will I Ever Tell You


 


Not to be outdone in another recurring show favorite, are the ladies of the ensemble: White Plains own University of Mississippi Fine Arts grad, Christina Tompkins  as Mayor Shin’s wife (delivering high chuckles, leading her town dance group in a hilarious Greek Fountain dance—she is a comic in the making),Rene O’Neal, Molly Brown, Jeana Foreman, and Jill Twiss (think I have them all)  tell us all we need to know about spinsterish Marion the Librarian, (Ms. Lauzun) and small town gossip with the tongue-clucking, “Pick a little, talk a little, pick a little, talk a little,
cheep cheep cheep, talk a lot, pick a little more


 


Mr. Hill wins over the citizens with the exception of Ms. Marion, flirting with her in the library doing his very coy and amusing Marion the Librarian. Ms.  Lauzun, executing a coy piece of pantomimed “can’t stand you – can’t you see that-ism”  fights her attraction for the charmer. In a solo lament, Bierko laments he cannot get Marion to fall for him, singing of The Sadder But Wiser Girl.  Mr. Bierko demonstrates convincing male frustration. The chemistry between the two grows in Act Two.


 


Act II, we find Marion growing fonder of the con-man, Harold Hill, because her non-communitive brother, Wintrop brother of Marion, played with aplomb masterfully  by 10 year old Brandon Singel, literally stops the show after he delivers  Gary Indiana, precociously with flare so you hear every word.


 


The show had to stop for a good minute the audience giving Brandon the loudest most sustained cheers this reviewer has heard in a decade of reviewing these shows. Well, done kid…see you on Broadway! His mom, Regina Singel is a comedienne considerable as Marion’s mother, lamenting her daughter’s aloofness with pointed barbs and observations that brought the laughs


 


And all this before you even get to hear Ms.Lauzun deliver a spectacular performance of Till There Was You. Now I have never liked this song, but her voice, her style, her sincerity put it over. She decides not to betray Harold Hill, declaring her love. But wait, salesman Charlie Cowell spills the beans. The townspeople are outraged.


 


As Hill is brought before the town court, what can save their love and the spirit…perhaps the band that can’t play? I’m not telling.


 


You’ll have to see the show to see how it all comes out!


 


John Fanelli directed the worthy hard-working company superbly. Timing was good. Set changes smooth, and the railroad car scene is a must-see, Ms.  Lauzun is a must-hear


 


A good part of the cast is comprised of actors who are professional in the sense that they are paid and make their living performing. The only distinction is that they are non union actors.  This company blends those “professional” adult actors with young aspiring actors. And those adults act as their mentors. Judging what this observer saw Friday night it works splendidly!



Costumes by Maria Castaldo and George Croom were colorful and made you feel if you were looking in on turn-of-the-century America. The orchestra under Kurt Kelley delivered enough of the big brass band sound to carry that 76 Trombones standard.


 


Come on home, Americans to the America that used to be!


 


Paul Harvey would have loved it!


 


The Family Theatre Company production of The Music Man plays through August 29 and is a 2 and a half hour show with 30-minute intermission, very entertaining for kids and adults alike. The Box Office may be reached at (914)592-2268, extension 804, or check in at www.BroadwayTheatre.com.


 


 


 


 

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Planning Dept’s Ray Frederick in Final Tune-Up for Mount Washington Bike Race S

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WPCNR ON TOP OF MOUNT WASHINGTON, WITH WHITE PLAINS’ RAY FREDERICK ON THE EVE OF THE GREAT RACE July 6, 2012: 


“John; Here is a beautiful view (ABOVE) from the summit  of Mount Washington, New Hamphshire, which is the finish line of the race. Stunning views. 55 mile visibility. Great day!!!!! I am stoked!” writes Ray Frederick our from his I-Phone on top of the mountain just ago.


” I’m very sorry to hear about Donald Keinz. He was a very special person, and extremely dedicated fire fighter. He will surely be missed. I will remember him in my climb as he will be remembered in honor of those that have fallen.



It’s four months of training gone by for this very special climb that I will be undertaking this Saturday July, 7th. It is also 2,500 plus miles of training, and 23 pounds of weight lost. My training has taken me through several crashes, and bumps and bruises along the way.


Just last week in a training exercise a training partner of mine and I experienced a small black bear crossing the road just ahead of us while climbing in Harriman State Park.


I’ve dedicated the past four months to this climb to those that have fallen in all line of service, and I can only hope that I serve them well. Thank you for your interest in this cause. Much appreciated.”


Ray Frederick is a Vietnam War Navy veteran, having served from 1970-76.


This year he felt compelled to undertake a gruelling effort to commemorate those comrades with whom he served in that bitter conflict, 40 years ago.


He has devoted himself to training and doing what is considered in the cycling profession as the toughest hill climb bike race in the world. Tomorrow he is entered in a race that will see him pedal  7.6 miles up Mt. Washington, New Hampshire.  He describes the course has  an average  uphill gradient of 12.5 degrees,  increasing in difficulty to 18 degrees, and finishing at 22 degrees at the top for the final 100 yards.


Ray, long considered a builder of work ethic in the softball players he has trained in hitting and prowess to the point where they have won scholarships, says:


 “I am dedicating this climb to those who have lost their lives to the wars of our past. I am doing it in honor of those that have fallen. If you look up Newtons Revenge Bike Race you will be more informed of its difficulty as well as adverse weather conditions.


There are past and present veterans of foreign wars that will never forget their Comrades. Our thoughts this weekend go to all those who served both past and present. I am a Vietnam war era veteran, and honor all those who put their own lives before others for this countries future.”

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The Eulogy of Donald Keinz

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WPCNR FOR THE RECORD. Courtesy, White Plains Department of Public Safety. July3, 2012:


This morning Commissioner of Public Safety of the City of White Plains,  David Chong delivered the following eulogy of Deputy Fire Chief Donald Keinz at the service for Mr. Keinz at Our Lady of Sorrows church White  Plains. WPCNR is proud to print it for our readers.



“Thank You Keinz Family, most specifically to his wife Ann-Marie, his Daughter Emily and his son Bryan for allowing me to have the honor and privilege of saying a few words about the Department of Public Safety’s Donald Keinz, our Donald Keinz, our Deputy Fire Chief, our brother in arms and most importantly, our friend.


 


First of all, Ann-Marie, Emily, Bryan and the entire extended Keinz family, on behalf of our Mayor, Thomas Roach, all of our Common Council members, every official in this City, elected and appointed, every employee in this city, and the thousands of people who throughout the County and the region that have been lucky enough to be touched over the years by Donald, we extend to you, our deepest condolences and you have our heartfelt prayers.


 


  As Donald was a member of our family for 34 years, you will also forever, be a member of the Public Safety family.


 


Deputy Fire Chief Donald Keinz, a man dedicated to a profession he loved, a man dedicated to a city he loved, and a man who committed his professional lifetime, 34 years, to the service and protection of the people he loved. How can we ever thank him enough? Certainly words can never do enough justice. I have heard so many stories about the professional side of Donald, the man, the firefighter, the trainer, the mentor, the friend.


 


 I could stand here for days speaking about all the lives that Donald has touched, there are so many stories.  The amazing thing is that, I don’t think anyone would mind.


 


 That’s how special Donald was to all of us packed into this church and standing outside.


 


 Donald started in the fire department in 1978! He worked on the line and was promoted in 1991 to Lieutenant.  During his time as a lieutenant he worked in fire prevention, and training.  He brought his very high standards with him and would often say to me, “let them make their mistakes in the academy, there’s no room for error in the real world.” Donald was as tough as nails and as bright and full of energy as the sun.  He could light up a room and was never afraid to voice his opinion.  In 2008 he was promoted to Deputy Chief, one of the highest ranking members in the White Plains Fire Department.


 


As a Deputy Chief, Donald was tasked along with then Police Lieutenant John Fuerst to fine tune the joint response of both Fire and Police and insure that the City had good solid working plans to engage any possible disaster.  They both did a miraculous job and our city will always be better for their efforts.


 


As his fellow firefighters will say, “there was a comfort level just knowing that Deputy Chief Keinz was around.  He made us all better by his presence.  At the scene of many an emergency, he was the steady hand, always prepared, always knowing what to do.


 


Whether it be working Fires, wicked storms, horrible accidents, black-outs, any type of emergency, it was comforting knowing that Deputy Chief Keinz was around.  His fellow brothers on the Fire Department, his Chief, Richard Lyman, his fellow Deputy Chiefs, Deputy Chiefs Houlihan, Ciocca, Griffin, Farrell, and Delanoy, the Lieutenants and the firefighters all have said it best,


 


“When the heat was on, there was no one better to have around than Don.”


  


The department will miss you Deputy Chief Keinz, the city that you made a better place will miss you; certainly your family and friends will miss you.  


 


Donald you left us too suddenly and too soon, but your accomplishments will be here for a long time. So rest and know that your legacy continues to protect this city and the ones you love.


 


Dear Ann-Marie, Emily, Bryan and the entire Keinz family, when you leave this church today, take a look at the sea of uniforms that will be outside to salute your Husband, father, friend, and hero. Besides the first responders, take a look at all the other people that are here today, from all walks of life and all professions.  They are here because of the respect, gratitude and admiration of the entire City and the profession of firefighting. They are there in honor of your beloved Donald, and our beloved Deputy Fire Chief.


 


Deputy Chief Keinz, (Donald), used to salute me every time I saw him! Even in the office, he would salute, and I, Would find myself instinctively saluting back?  One day I said to him, Don, you know you don’t have to salute me in the office?  In his dry witty sense of humor, he just said, “That’s ok, I salute everyone?!”


 


 Well my friend, today; I and a grateful City salute you. Rest in peace Deputy Chief, rest in peace, my friend.


 


 


 

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The Last Farewell

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WPCNR MILESTONES. By John F. Bailey. July 3, 2012:


 


The City of White Plains and scores of city firefighters and police officers said a last farewell this morning to Donald Keinz.  Mr. Keinz was a Deputy Fire Chief, born and raised in the city, who died suddenly last week at age 60 of cancer after a 34 year career with the fire department.


 



 


 


Our Lady of Sorrows Church was overflowing with friends, family, and citizens in addition to Mr. Keinz’s comrades many of whom he helped to train. An honor guard of firefighters was somber awaiting the arrival of the cortege. So deep was the sense of sorrow at his passing mostly only cordial greetings were exchanged with little of the socializing that sometimes characterizes the time before a funeral begins. Sorrow,  respect, admiration glowed with great dignity about the scene.It was very quiet for such a large gathering.


 



 


A lone bagpiper evoked a mellow, gentle soothing air in the brilliant sunshine outside the little church as the funeral cortege arrived. 


 


 With a call to attention, firefighter pallbearers carried their comrade’s casket into the sanctuary, followed by Mr. Keinz widow and children, followed by  the uniformed contingent entering the church


 


Father John Quinn, in his homily struck just the right note that resonated with this observer, and probably many in the audience that nobody sees such an event coming and why it happens, if there is a God. The father noted that just today scientists had discovered what they call the “God particle” smaller than an atom that the scientists determine is essential for life to begin. In a masterful corollary, the priest pointed out that science is catching up with the church because the church has always believed that God is in every one of us.


 


Countering the “why” behind such events, Father Quinn gave the example of a saint who questioned why Christ had to die on the cross. The answer the saint received was that God sacrificed what mattered the most, (His only son), to demonstrate through Christ’s resurrection what matters most, the gift of life, leading to the Christian belief in the natural progression of Birth, Live, Death, and Resurrection. Quinn stressed that it is the example of the good life and how we live it (referring to Mr. Keinz’s example) that inspires us to be more God-like.


 


Commissioner of Public Safety David Chong, speaking in hallowed tones, pointed out how the outpouring of so many persons to attend the ceremony today who knew Mr. Keinz was a testimony to the kind of man he was. Chong said Mr. Keinz, in charge of training for the fire department trained his men thoroughly, because Keinz believed “there was no margin for error.” He recalled that Keinz always saluted him, as a testimony to Heinz’s professionalism. Chong said he once told Keinz that he did not have to salute him, but Keinz answered back,”That’s O.K. I salute everyone.”


 


At the  conclusion of his eulogy of Mr. Keinz, Commissioner Chong saluted Mr. Keintz’s casket, swathed in white, with Mr. Keintz’s white chief’s helmet on top.


 


Mr. Keinz would have been proud of  his children, Emily and  Bryan.


 


They who spoke of what their father had done for them and the kind of person he was, with controlled emotion and meaningful lessons he had taught them. Emily, spoke of how he was dedicated to his family, and very funny, and never missed any of her softball games. When she was upset over game events, she remembered how he always told her to concentrate on “the next inning, the next pitch.” 


 


His son said  how touched he is that so many people have come up to him since his father’s death saying how his father had saved their lives or had helped save lives. He recalled their commaraderie when his father helped him build a house, or as Bryan put it, “I helped him build my house.He was a selfless, dependable man, who never did anything without a backup plan, and had a backup plan for the backup plan.”


 


 



 



 


 


Firefighters formed two lines outside the church. The pallbearers bore their comrade’s casket out to the waiting hearse and the journey to the cemetery.


 


People were reluctant to leave lingering, talking quietly and perhaps thinking about the lessons of the last farewell.I know I was.


 


 



 


The cortege departs. Mr. Kienz lives on.

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City To Buy Former Gerber Building for $2.2 M, Alter to Move Parking/ Build

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WPCNR QUILL & EYESHADE. By John F. Bailey. July 2, 2012 UPDATED July 3, 2012:


The city announced plans Monday morning to purchase the low-rise office building, 66-72 Church Street, located adjacent the Hamilton-City Hall Garage (just behind and to the west, Northwest of city hall for $2.2 Million.


Monday night, the Common Council made it official passing the resolution unanimously.



FUTURE HOME OF WHITE PLAINS PARKING EMPIRE AND BUILDING DEPARTMENT.


The city plans to renovate the brick one-story premises over the next 7 months for an additional $1.7 Million to house the city Departments of Parking  and Building, currently using rented space at 7-11 South Broadway.


At a meeting of the Capital Projects Board at 9:30 this morning, the Board approved recommendation of the purchase-renovation. The resolution to consumate the purchase is expected to be on the Common Council agenda this evening.


The building is currently owned by the 66-72 Church Street LLC, 21 Orchard Drive, Purchase and is assessed at a market value of $2,378.000 by the city accessor. The property was granted a certiorari in 2010 reducing its accessed value from $115,000 to $88,000, according to the Accessor’s Office, and pays $66,000 in city and school taxes. According to the town of Harrison Assessor’s Office the owners of 21 Orchard Drive, Purchase, the contact address for 66-72 Church Street LLC, are Dr. Andre and Paule Khoury-Yacoub. Dr. Khoury-Yacoub is affiliated with White Plains Radiology Associates.


Mayor Thomas Roach told the Board, “This is a purchase today that will benefit the future.”


John Callahan, the Corporation Counsel said the costs of continuing to rent over the next 20 years as opposed to purchasing and renovating the building are a “wash.” Callahan told WPCNR the building had been available for some time, and the city had been talking to the owner for the last six months. He described the building as completely “gutted” inside. He said a floor office arrangement will be constructed for $1.7 Million.


The 7-11 South Broadway building the city will be leaving, currently is offering 20,000 square feet at $17.02 per square foot on a year’s lease according to the realtor, GHP Office Realty. The city if they leased again for 9,000 square feet, (the approximate size of the square footage in the Gerber Building they have agreed to purchase) for a year would pay $153,180 in rent.


The Gerber Building is so-named because it used to house Gerber insurance, which had as its logo, the Gerber baby symbol. Perhaps older White Plains residents will remember it. Susan Habel, Commissioner of  Planning, noted that the picture of the Gerber baby was a likness of Humphrey Bogart, whose mother was the artist who painted the Gerber baby.

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Deputy Fire Chief, Director of Training and Emergency Operations, Passes Away

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DONALD J. KEINZ


1951-2012


WPCNR MILESTONES. July 2, 2012: 


The family of White Plains Deputy Fire Chief, Donald Keinz will receive friends at the Beecher Funeral Home in Plesantville today, 4 P.M. to 7 P.M. Monday evening.


Mr. Keinz, 60, a graduate of White Plains High School in 1969, joined the White Plains Fire Department in 1978 rising to  the position of Deputy Fire Chief in 2008, and was Director of Training  and emergency operations for the department at the time of his death, after a long battle with cancer last Thursday.


In his obituary, he is described as “devoted to the brotherhood and tradition of the fire service and exemplified its honor and bravery. A true leader, a trusted friend and a witty, fun-loving selfless soul.


In statements to the press, Mayor Thomas Roach said of Mr. Keinz, “He always impressed me with his knowledge and his commitment to training…a great loss to the city.”


Commissioner of Public Safeety, David Chong, said Keinz death was “a huge loss to the department and the city…He was highly regarded. He was also a friend…”


Joseph Carrier remarked to The Journal News, said Keinz “loved his job…He really cared, and made sure our firefighters were well-trained…he’s one of the people you wanted to be with walking down a smoky hallway. The guys really respected him.”


A mass of Christian Burial will be celebrated at Our Lady of Sorrows Church in White Plains, Tuesday at 10 A.M.


 

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