WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. AUGUST 3, 2012:

 

The Common Council as Friday morning dawned has apparently not found anything to quibble about in the French American School of New York Final Draft Environmental Impact Statement  on the school proposed campus on the defunct Ridgeway Golf Club site.

 

 The agenda just published for Monday evening at 7:30 has a resolution having the Common Council accepting the document as complete and  setting a two-session public hearing on the Final Draft Environmental Impact Statement September 19 at 7 PM and October 17 ay 7 PM.

 

The council had been informed Monday evening that unless they found analysis of some issues incomplete that the time frame of the SEQR timetable would be violated. Steven Silverberg, one of the outside legal counsel to the city on the FASNY matter, noted this to the Council. As of Friday morning the Council apparently has not found an issue that would postpone the acceptance of the DEIS. They have three days to do so. All city department heads have reviewed the FASNY Final DEIS and judged it complete.

 

The Agenda in addition contains a resolution setting a public hearing for September 4 on the application approved by the Planning Board to build a detox center in the former Nathan Miller Nursing Home at 37 DeKalb Avenue.

 

Public hearings of  interest planned  to take place Monday include a hearing on the White Plains Housing Authority to build its first building in the process of rebuilding the Winbrook complex to a height of 10 stories at the corner of South Lexington Avenue and Quarropas Streets.

 

The public hearing on the proposed Open Space Recreation District Zoning that would not permit housing subdivisions  and  would restrict institution-type buildings with extensive setback regulations on the following three privately owned golf course properties:the defunct Ridgeway Golf Club property now owned by the French American School of New York, Westchester Hills Golf Club and the portion of Fenway Golf Club located within White Plains.

 

The Complete Agenda follows:

COMMON COUNCIL

AGENDA

REGULAR STATED MEETING

AUGUST 6, 2012

7:30 P.M.

PLEDGE TO THE FLAG: Hon. David Buchwald

ROLL CALL: City Clerk

RECOGNITION: White Plains Performing Arts Center

Summer Program

Joseph’s Villardi “Good Humor Joe Day”

Longest Serving Good Humor Man

in the United States

Serving White Plains Residents for 59 Years

ADJOURNED

PUBLIC HEARINGS:

1. Public Hearing in relation to the application submitted by City Place Trattoria Inc.,

d/b/a Pranzi Ristorante, for a Special Permit to operate a cabaret at 8 City Place.

2. Communication from the City Clerk

3. Public Hearing in relation to the application submitted on behalf of the MAK

Corporation for a renewal of a Special Permit to operate a cabaret on the first

floor only at Elements located at 161 Mamaroneck Avenue.

4. Public Hearing in relation to the application submitted on behalf of the White

Plains Housing Authority for a Special Permit to allow the proposed new ten (10)

story residential project to be known as Winbrook Redevelopment – Phase I,

located at the intersection of South Lexington Avenue and Quarropas Street,

situated in the B-3 Zoning District, to be constructed to a height of approximately

one hundred and six (106) feet under Section 5.3, Footnote (X) of the Zoning

Ordinance of the City of White Plains.

5. Communications from City Clerk

6. Commissioner of Building

7. Design Review Board (2)

8. Commissioner of Planning

9. Planning Board

10. Commissioner of Public Safety

11. Commissioner of Public Works

12. Commissioner of Traffic

13. Traffic Commission

14. Commissioner of Parking (2)

15. Conservation Board

16. Westchester County Planning Board

17. Environmental Officer

18. Environmental Findings Resolution

19. Resolution of the Common Council of the City of White Plains approving

the application submitted on behalf of the White Plains Housing Authority

(“Applicant”) for a project known as Winbrook Redevelopment – Phase I,

consisting of site plan approval under Section 7 of the Zoning Ordinance

of the City of White Plains (“Zoning Ordinance”) to construct a new ten

(10) story multi-family residential building consisting of 103 rental

affordable dwelling units on floors two through ten and a community

education facility to be operated by the White Plains Youth Bureau on the

first floor thereof, situated in the B-3 Zoning District on a 1.2 acre parcel,

at the intersection of South Lexington Avenue and Quarropas Street at

223-225 Rev. Dr. Martin Luther King Jr. Boulevard, and a Special Permit

under Section 5.3, Footnote (X) of the Zoning Ordinance to permit the

facility to be constructed to a height of one hundred and six (106) feet.

PUB LIC HEARINGS:

20. Public Hearing in relation to an application submitted on behalf of the applicant

359-369 Mamaroneck Avenue LLC d/b/a Esposito’s Ristorante & Pizzeria II for a

Special Permit for Outdoor Rooftop Dining at Esposito’s Restaurant located at

359 Mamaroneck Avenue.

21. Communications from City Clerk

22. Commissioner of Building

23. Design Review Board (2)

24. Commissioner of Planning

25. Planning Board

26. Commissioner of Public Safety

27. Commissioner of Public Works

28. Commissioner of Traffic

29. Traffic Commission

30. Commissioner of Parking (2)

31. Westchester County Planning Board

32. Environmental Officer

33. Environmental Findings Resolution

34. Resolution of the Common Council of the City of White Plains granting the

application made on behalf of 359 – 369 Mamaroneck Ave. LLC, owner,

for tenant, known as Esposito’s Restaurant and Pizzeria II, Inc.

(“Applicant”), located at 359 – 369 Mamaroneck Avenue for a Special

Permit to allow rooftop outdoor dining subject to the conditions contained

herein.

35. Public Hearing in relation to the application submitted on behalf of Noodles Plus

Restaurant for a Special Permit for Outdoor Dining for the 2012 Summer/Fall

Season on private property in the courtyard area of 235-245 Main Street.

36. Communications from Commissioner of Building

37. Design Review Board

38. Commissioner of Planning

39. Planning Board

40. Commissioner of Public Safety

41. Commissioner of Public Works

42. Commissioner of Traffic

43. Traffic Commission

44. Commissioner of Parking

45. Westchester County Planning Board

46. Environmental Officer

47. Environmental Findings Resolution

48. Resolution of the Common Council of the City of White Plains granting the

application made on behalf of Noodle Plus Restaurant (“Applicant”)

located at 235-245 Main Street for a Special Permit to allot Outdoor

Dining in the courtyard located at 235-245 Main Street in the Central

Parking Area subject to the conditions contained herein.

49. Public Hearings in relation to (1) in accordance with General City Law Section

280A, in relation to a revised proposed amendment to the 1997 Comprehensive

Plan as amended by Resolution adopted July 11, 2006 (“2005 Plan Update”)

with respect to the Campus Office (C-O) Zoning District; and (2) in relation to a

revised proposed ordinance amending the Zoning Ordinance of the City of White

Plains (“Zoning Ordinance”) with respect to the C-O Zoning District, to provide

additional “uses” permitted in the C-O Zoning District, to established a new “Use”

“Planned Campus Development” and a new “Planned Office Development

District,” make certain revisions to the Dimensional Standards for “Uses” in the

C-O Zoning District and establish certain Dimensional Standards and “Uses” for

the “Planned Campus Development” District.

50. Communication from Commissioner of Planning

51. Planning Board

52. Conservation Board

53. Environmental Officer

54. Environmental Findings Resolution

55. Ordinance amending an ordinance entitled, “The Zoning Ordinance of the

City of White Plains” with respect to amendments to provide additional

“Uses” permitted in the Campus Office District, establish a new “Use”

“Planned Campus Development” and a new overlay district the “Planned

Campus Development” District, make certain revisions to the Dimensional

Standards for “Uses” in the Campus Office District and establish certain

Dimensional Standards and “Uses” for the “Planned Campus

Development” District.

FIRST READING

ORDINANCES:

56. Communication from Corporation Counsel in relation to the settlement of certain

tax review proceedings.

57. Ordinance authorizing the settlement of certain tax review proceedings.

58. Communication from Corporation Counsel in relation to the correction of a

previously adopted ordinance regarding a tax review proceeding.

59. Ordinance amending an ordinance entitled, “An ordinance authorizing the

settlement of certain tax review proceedings.”

60. Communication from Corporation Counsel in relation to funds for attorneys’ fees

and litigation expenses pursuant to Section 2-5-8 of the White Plains Municipal

Code.

61. Ordinance authorizing the payment attorneys’ fees and litigation expenses

pursuant to Section 2-5-8 of the White Plains Municipal Code.

62. Communication from Chairman, Capital Projects Board, in relation to Capital

Projects No. C5380, Rolling Stock Acquisition Light Duty Vehicles 2012-2013,

C5386, Rolling Stock Acquisition Heavy Duty Vehicles 2012-2013, W5386, and

Rolling Stock Acquisition Water Fund 2012-2013.

63. Ordinance of the Common Council of the City of White Plains to amend

the Capital Projects Fund by amending Capital Project No. C5380, entitled

Rolling Stock Acquisition, Light Duty Vehicles 2012-2013, and establishing

Capital Project No. C5385, Rolling Stock Acquisition Heavy Duty Vehicles

2012-2013, and Capital Project No. W5386, Rolling Stock Acquisition

Water Fund 2012-2013.

64. Bond Ordinance dated August 6, 2012, authorizing the issuance of

$760,000 aggregate principal amount serial bonds of the City of White

Plains, County of Westchester, State of New York, to finance the costs of

the acquisition of machinery and apparatus for construction and

maintenance.

65. Communication from Chairman, Capital Projects Boards, in relation to Capital

Project No. W5387, Purchase of 200 Westchester Avenue

66. Communication from Environmental Officer

67. Environmental Findings Resolution

68. Ordinance of the Common Council of the City of White Plains to amend

the Capital Projects Fund by establishing Capital Project No. W5387

entitled, 200 Westchester Avenue Acquisition.

69. Bond Ordinance dated August 6, 2012, authorizing the issuance of

$500,000 aggregate principal amount serial bonds of the City of White

Plains, County of Westchester, State of New York, to finance the costs of

the acquisition and reconstruction of Class A Buildings for municipal use.

70. Communication from Commissioner of Public Works in relation to a license

agreement between the City and the Metropolitan Transportation Authority

(Metro North), to construct, install, operate and maintain a duct bank within the

City of White Plains.

71. Communication from Environmental Officer

72. Ordinance granting a license agreement to the Metropolitan

Transportation Authority acting for itself and on behalf of Metro North

Commuter Railroad Company to construct, install, operate and maintain a

duct bank within the City of White Plains.

73. Communication from Commissioner of Public Works in relation to a grant in the

amount of $12,635 by the County of Westchester, to fund remediation and

restoration to the White Plains Mamaroneck River Basin and the White Plains

Greenway, as a result of damage from storms.

74. Ordinance of the Common Council of the City of White Plains authorizing

the Mayor, or his designee, to accept, on behalf of the City of White

Plains, a grant from the County of Westchester to fund remediation and

restoration to the White Plains Mamaroneck River Basin and the White

Plains Greenway and to amend the FY 2012-2013 General Fund Budget

for the Department of Public Works to reflect this Grant.

75. Communication from Director, Youth Bureau, in relation to a contract with the

Westchester-Putnam Workforce Investment Board (WPWIB) to provide Summer

Employment Services to Youth 18 – 24 years of age.

76. Ordinance authorizing the Mayor, or his designee, to enter into a contract

with the Westchester-Putnam Workforce Investment Board (WPWIB) to

provide private sector Summer Employment Services (through the City of

White Plains Youth Bureau) to youth 18 to 24 years of age for the period

January 1, 2012 through June 30, 2012.

77. Communication from Director, Youth Bureau, in relation to a contract with the

N.Y.S. Department of Education to continue the 21st Century Community

Learning Centers – Kids Excel Program.

78. Ordinance authorizing the Mayor, or his designee, to enter into a contract

with the State Education Department to continue its services to the Youth

Bureau’s 21st Century Community Learning Centers – Kids Excel Program.

79. Communication from the Mayor in relation to a transfer from Reserve for

Financing to cover the cost of consulting services.

80. Ordinance authorizing the Mayor to direct the Budget Director to transfer

funds from the FY 2012-2013 Reserve for Financing in order to provide

additional funding to cover costs associated with the transition of

commissioners within the Planning Department.

81. Communication from Personnel Director in relation to proposed amendment to

Section 2-5-81 of the Municipal Code to reallocate a certain position title.

82. Ordinance amending Section 2-5-81 of the White Plains Municipal Code

by reallocating a certain position title.

83. Communication from Commissioner of Parking in relation to a lease agreement

with the White Plains School District for the use and maintenance of the Main-

Kensico Municipal Parking Lot (#44) on the grounds of the Eastview Middle

School.

84. Ordinance of the Common Council of the City of White Plains authorizing

the Mayor to enter into a license agreement with the City School District of

the City of White Plains to permit the City to use Eastview School Parking

Lot at the corner of Main Street and Kensico Avenue for Neighborhood

Parking.

RESOLUTIONS:

85. Communication from Corporation Counsel in relation to the scheduling of a

public hearing on an application for a Special Permit and Site Plan Approval for a

31 – 33 bed Medically-Supervised Inpatient Detoxification Service Community

Residence to be known as Sunrise White Plains, and located at 37 DeKalb

Avenue, (formerly the Nathan Miller Nursing Home).

86. Resolution of the Common Council of the City of White Plains scheduling

a public hearing for September 4, 2012, in relation to the application

submitted on behalf of CFI, Inc., and Sunrise White Plains (“Applicant”) for

a Special Permit and Site Plan Approval of a “Community Residence” at

37 DeKalb Avenue, to operate a short term medically supervised

detoxification treatment facility with up to thirty three (33) inpatient beds.

87. Communication from Corporation Counsel in relation to an application submitted

by Butterfield 8 WP LLC, for a Special Permit for Cabaret Use at Butterfield 8,

147 Mamaroneck Avenue.

88. Resolution of the Common Council of the City of White Plains scheduling

a public hearing for September 4, 2012 in relation to the application

submitted by Butterfield 8 WP LLC, on behalf of Butterfield 8 Restaurant

and Lounge for a one (1) year Special Permit to operate a Cabaret at

applicant’s establishment located at 147 Mamaroneck Avenue.

89. Communication from Corporation Counsel in relation to an application submitted

by Butterfield 8 WP LLC, for a Special Permit for Cabaret Use at Lola’s Mexican

Kitchen, 47 Mamaroneck Avenue.

90. Resolution of the Common Council of the City of White Plains scheduling

a public hearing for September 4, 2012 in relation to the application

submitted by Butterfield 8 WP LLC, on behalf of Lola’s Mexican Kitchen

for a one (1) year Special Permit to operate a Cabaret at applicant’s

establishment located at 147 Mamaroneck Avenue.

91. Communication from Corporation Counsel in relation to the scheduling of a

public hearing for September 4, 2012 on to an application submitted on behalf of

Gaucho Grille, for a Special Permit for Outdoor Dining at One North Broadway.

92. Communication from Commissioner of Building

93. Resolution of the Common Council of the City of White Plains scheduling

a public hearing for September 4, 2012 in relation to the application

submitted on behalf of Gaucho Grille for a Special Permit for Outdoor

Dining for the 2012 Summer/Fall Season on private property located at

the front of One North Broadway, adjacent to the Restaurant entrance.

94. Communication from Planning In relation to the scheduling of a public hearing

for September 4, 2012 on proposed amendments to the Zoning Ordinance to

establish a new Open Space Recreational District, and on the 1997

Comprehensive Plan in relation to land use, and environmental regulations, and

modifications to the Zoning Map and accepting the Draft Generic Environmental

Impact Statement as complete.

‘

95. Communication from Environmental Officer

96. Environmental Findings Resolution accepting the Draft Generic

Environmental Impact Statement regarding amendments to the City’s

Comprehensive Plan, as amended and updated; and amendment to the

Zoning Ordinance establishing a new Open Space Recreation District;

and as necessary, amendments to the related land use, and

environmental regulations; and making certain modifications to the Zoning

Map.

97. Communication from Commissioner of Planning in relation to: Acceptance as

complete of the preliminary Draft Environmental Impact Statement submitted on

behalf of the French American School of New York; filing and publishing of a

Notice of Completion of the Final FASNY DEIS; filing and distribution of the

complete final FASNY DEIS; establishing a public comment period including

public hearings to hear public comments on the final FASNY – DEIS.

98. Communication from Environmental Officer

99. Lead Agency Resolution of the Common Council of the City of White

Plains as Lead Agency under the New York State Environmental Quality

Review Act, (SEQR), regarding the application submitted by the French

American School of New York (FASNY), for a Special Permit to develop a

private elementary and secondary school with accessory nursery school

or day care center at 400 Ridgeway, White Plains, accepting the Draft

Environmental Impact Statement (FASNY DEIS) as adequate with respect

to its scope and content for the purpose of commencing public review,

and scheduling a public hearing and taking such actions as are required

by SEQR.

100. Communication from Commissioner of Planning in relation to the application of

LCOR 55 Bank Street LLC, for a site plan extension in relation to proposed

mixed use development at 55 Bank Street.

101. Communication from Environmental Officer.

102. Environmental Findings Resolution

103. Resolution of the Common Council of the City of White Plains amending

the expiration date of a resolution adopted November 2, 2009, granting

the application submitted on behalf of LCOR 55 Bank Street LLC

(“Applicant”) for site plan approval, which included a one (1) year

extension and an amendment of its existing initial site plan approval

originally adopted by the Common Council on February 4, 2008, on

premises located on the westerly side of Bank Street, southerly of Main

Street, and easterly of the Metro North Railroad, in accordance with the

Zoning Ordinance of the City of White Plains and the contract for sale of

land among the White Plains Urban Renewal Agency, the City of White

Plains and LCOR, for private redevelopment of the property known as 55

Bank Street (“LDA”).

104. Communication from Commissioner of Planning transmitting the 2012-2013

Community Development Program Annual Action Plan.

105. Communication from Environmental Officer

106. Resolution of the Common Council of the City of White Plains, New York,

approving the Federally Mandated 2012-13 Annual Action Plan for the

City of White Plains and authorizing the Mayor to execute all necessary

certifications and assurances and file the Approved Plan with the U.S.

Department of Housing and Urban Development.

ITEM FOR REFERRAL:

107. Communication from the City Clerk in relation to a site plan application for

signage submitted on behalf of the Bristal Assisted Living Facility (North Street

Community), and the Engel Burman Group, to be located at 305 North Street,

(formerly St. Agnes Hospital)

108. Communication from Commissioner of Planning in relation to a proposed

amendment to the Zoning Ordinance of the City of White Plains with respect to

the addition of definitions and new regulations as Section 4.4.21, regarding solar

energy systems.

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WPCNR SCHOOL DAYS. By John F. Bailey. August 1,2012 UPDATED 11:23 P.M. E.D.T.:

 

A decision on to bond for $34 Million or $48 Million in school building maintenance in 2013 and a Teachers Contract Settlement appear likely this month.

 

The White Plains  Board of Education met Monday evening to discuss recommendations  of the District Finance Committee on extensive maintenance projects for six schools in the district.

 

Supertintendent of Schools Dr. Christopher Clouet told WPCNR after the public session of the meeting that no decision to schedule a bond referendum this fall had been reached. He said the Board would tour Eastview School within the next two weeks to consider the roof repairs and building exterior work suggested, a total of $8.4 Million. 

 

The Superintendent expressed optimism that a settlement on a new contract with the teachers would happen before the start of the school year. Kerry Broderick, President of the Teachers union told WPCNR Wednesday evening, “We are negotiating language changes as well as salary and benefits. All of these are difficult and since they are negotiated as a package, they are all tightly linked. Sorry, I can’t be more specific than that at this time.”

 

Tuesday afternoon Ms. Broderick confirmed that the negotiating atmosphere had changed

 

“We are still at impasse and mediation is scheduled for August 16th. These negotiations are not contentious, so we continued to try to resolve our differences during the summer. However, both sides agree that a neutral third party will help us. I am optimistic we will settle.

 

Consensus of the Board  despite much handringing over the 1% property tax increase it would mean during discussion Monday night leaned toward doing the work for all the elementary schools, high school and middle schools . 

 

To execute both Plans ($30 Million for priority maintenance for the elementaries, high school and middle schools and  roughly $15 Million for the second plan including wiring for WI-FI wireless capability in all district buildings at a cost of $5.8 Million) beginning next summer  would require a referendum to finance $48 Million in new school debt in October.

 

The Board has decided to tour Eastview School and decide based on their tour whether to vote to fund $34 Million or $48 Million on August 13, Clouet indicated, amounts subject to vary depending on what the Board finds.

 

Members of the board were told by the Buildings and Grounds Supertindent that financing is at an historic low in interest rates and the maintenance done now would be most advantageous for the district.

 

Teacher Negotiations Expected to Settle by Start of School

 

The Board of Education then  went into a Executive Session to discuss teacher contract negotiations which have been at an impasse according to Kerry Broderick, President of the White Plains Teachers Association.

 

Superintendent of Schools Clouet left the Executive Session at 10 P.M., and WPCNR asked him about the teacher negotiations status and how teachers pay is being affected now that they are without a contract.

 

Clouet said the teachers who are not at the ceiling of pay would receive their usual step pay   increase for their additional year of longevity. However, Clouet said teachers currently at ceiling pay levels already would not receive a step increase, of which “there are a lot,” Clouet said.

 

Asked if the negotiations were still at an impasse, Clouet said the atmosphere had thawed and the district and teachers were talking and that he hoped for a settlement before the start of the school year.

 

Kerry Broderick, Teachers Union President, confirmed this to WPCNR in a e-mailed statement Tuesday afternoon.

 

“We are still at impasse and mediation is scheduled for August 16th.  These negotiations are not contentious, so we continued to try to resolve our differences during the summer.  However, both sides agree that a neutral third party will help us.  I am optimistic we will settle.

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WPCNR FBI WIRE. Special to WPCNR from the Federal Bureau of Investigation. July 31, 2012:

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has entered into settlement agreements with PokerStars and Full Tilt Poker—two of three online poker companies sued by the U.S. in a money laundering and forfeiture complaint that was originally filed in April 2012—that were approved today by U.S. District Judge Leonard B. Sand.

Under the terms of the settlement with Full Tilt Poker (“Full Tilt”), the company agreed to forfeit virtually all of its assets to the U.S. to fully resolve the charges in the complaint.

Under the terms of the settlement with PokerStars, the company agreed to forfeit $547 million to the U.S. and to reimburse the approximately $184 million owed by Full Tilt to foreign players in order to fully resolve the allegations in the complaint. The settlement further provides that PokerStars will acquire the forfeited Full Tilt assets from the government. Full Tilt’s U.S. fraud victims will be able to seek compensation for their losses from the Department of Justice from the $547 million forfeited by PokerStars.

Manhattan U.S. Attorney Preet Bharara said,

“We are pleased to announce these settlements by Full Tilt Poker and PokerStars, which allow us to quickly get significant compensation into the victim players’ hands. Today’s settlements demonstrate that if you engage in conduct that violates the laws of the United States, as we alleged in this case, then even if you are doing so from across the ocean, you will have to answer for that conduct and turn over your ill-gotten gains.”

“Today’s forfeiture is another important step in the FBI’s investigation, allowing for serious compensation of victims. This should serve as a deterrent to others who look to actively circumvent United States law—onshore or offshore, you will be held responsible for those actions. Pokerstars and Full Tilt bet the house on their illicit scheme; fortunately, we were holding the trump card,” said FBI Assistant Director Janice K. Fedarcyk.

Under the terms of the settlement with Full Tilt, U.S. victims of the company’s alleged fraud will be able to seek compensation from the Department of Justice (DOJ). The funds that will be used to compensate qualifying victims will come from the $547 million that will be forfeited by PokerStars as part of its settlement with the government.

In addition to forfeiting $547 million to the U.S., under the terms of the settlement with PokerStars, the company must make available to foreign players all balances that were held in the Full Tilt accounts within 90 days; the amount of those balances is approximately $184 million.

Pokerstars will also acquire the forfeited Full Tilt assets from the government. PokerStars’ acquisition of the forfeited Full Tilt assets will be complete upon the government’s receipt of a $225 million payment from PokerStars, which must take place within six days of the entrance of today’s settlement.

Additional terms of the PokerStars settlement include:

• Within 45 days of the acquisition of the forfeited Full Tilt assets, Isai Scheinberg, who is presently under indictment in a related criminal case, shall not serve in any management or director role at PokerStars. This provision is subject to re-evaluation by the parties upon the resolution of the criminal case.
  
• PokerStars is also prohibited from employing, or otherwise hiring, Full Tilt Poker insiders Raymond Bitar, Howard Lederer, Rafael Furst, Chris Ferguson, and Nelson Burtnick. Bitar and Burtnick are also named as defendants in a related criminal Indictment. Bitar, Lederer, Furst, and Ferguson are named as civil money-laundering defendants in this complaint.
  
• PokerStars is prohibited from offering online poker in the U.S. for real money unless and until it is legal to do so under U.S. law.
  
• The government will maintain a portion of the $547 million forfeited by PokerStars as a substitute for the forfeited Full Tilt assets to cover the litigation of claims by other parties asserting interests in the forfeited Full Tilt assets.

The settlements entered today with regard to Full Tilt Poker and PokerStars, and the proposed settlement with regard to Absolute Poker, do not constitute admissions of any wrongdoing, culpability, liability, or guilt by any parties. Under the terms of a “domain name use” agreement entered into between PokerStars and the government on April 20, 2011, the company previously settled its accounts with U.S. players.

In a related matter, the U.S. Attorney’s Office also filed a motion requesting that the court enter a settlement agreement reached with Absolute Poker/Ultimate Bet that requires the company to forfeit all of its assets in order to fully resolve this action.

The motion also requests that the government be permitted to liquidate the Absolute assets, with the net proceeds of that sale to be held pending the resolution of claims filed by other parties who have asserted an ownership interest in the Absolute assets.

The following allegations are based on the Amended Civil Forfeiture Complaint filed in September and the indictments returned in the related criminal action:

On October 13, 2006, the United States enacted the Unlawful Internet Gambling Enforcement Act (UIGEA), making it a federal crime for gambling businesses to “knowingly accept” most forms of payment “in connection with the participation of another person in unlawful Internet gambling.”

Despite the passage of the UIGEA, Full Tilt Poker, PokerStars, and Absolute Poker/Ultimate Bet (the poker companies), each located offshore, continued operating in the United States.

Because U.S. banks and credit card issuers were largely unwilling to process their payments, the poker companies allegedly used fraudulent methods to circumvent federal law and deceive these financial institutions into processing payments on their behalf.

 For example, the poker companies arranged for the money received from U.S. gamblers to be disguised as payments to hundreds of non-existent online merchants purporting to sell merchandise such as jewelry and golf balls. Of the billions of dollars in payment transactions that the poker companies deceived U.S. banks into processing, approximately one-third or more of the funds went directly to the poker companies as revenue through the “rake” charged to players on almost every poker hand played online.

To accomplish their fraud, the poker companies worked with an array of highly compensated “payment processors” who obtained accounts at U.S. banks for the poker companies.

The payment processors lied to banks about the nature of the financial transactions they were processing and covered up those lies, by, among other things, creating phony corporations and websites to disguise payments to the poker companies.

For example, a PokerStars document from May 2009 acknowledged that they received money from U.S. gamblers through company names that “strongly imply the transaction has nothing to do with PokerStars” and that PokerStars used whatever company names “the processor can get approved by the bank.”

Full Tilt Poker further defrauded players by misrepresenting that player funds on deposit in online gambling accounts were safe, secure, and available for withdrawal at any time.

In reality, the company did not maintain funds sufficient to repay all players and, instead, utilized players’ funds to distribute more than $400 million to Full Tilt’s owners.

By March 31, 2011, two weeks before the initial complaint in this action was unsealed, Full Tilt Poker owed approximately $390 million to players around the world, including approximately $160 million to players in the United States.

At that time, Full Tilt Poker had only approximately $60 million on deposit in its bank accounts.

Full Tilt Poker’s scheme continued even after the civil forfeiture action commenced and the related criminal indictment was unsealed in April 2011. Full Tilt Poker continued accepting foreign player funds despite the fact that it had liabilities to players around the world for over $300 million yet held only a small fraction of that amount in its bank accounts.

Eleven defendants were charged criminally in connection with the original Internet poker indictment, seven of whom have been arrested.

The defendants who have been arrested are: Raymond Bitar, Bradley Franzen, Ryan Lang, Ira Rubin, Brent Beckley, Chad Elie, and John Campos.

All seven defendants except Bitar have each pled guilty and await sentencing with the exception of Campos, who was sentenced in June 2012 to three months in prison. Charges are still pending against the remaining four defendants—Nelson Burtnick, Isai Scheinberg, Paul Tate, and Scott Tom—who remain at large. The charges and accusations against them are allegations, and they are presumed innocent unless and until proven guilty.

U.S. Attorney Preet Bharara praised the FBI for its outstanding leadership in the investigation, which he noted is ongoing.

This matter is being handled by the Office’s Asset Forfeiture and Complex Frauds Unit. Assistant U.S. Attorneys Sharon Cohen Levin, Michael Lockard, Jason Cowley, and Andrew Goldstein are in charge of the civil money laundering and forfeiture action. Assistant U.S. Attorneys Arlo Devlin-Brown, Nicole Friedlander and Niketh Velamoor are in charge of the criminal case.

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WPCNR NEIGHBORHOOD WATCH. From the Carhart Neighborhood Association  July 30,2012 UPDATED WITH PICTURE OF SITE:

 

On July 17^th the Planning Board voted to recommend to the Common Council that they issue a special use permit and approve site plans for Sunrise Detox Center to operate a 31-33 bed facility at 37 De Kalb Avenue (the former site of the Nathan Miller nursing home) (below).

 

 

The proposed drug and alcohol detox center would be located in a quiet residential neighborhood with several elementary school bus stops within a few blocks including one on the same corner. There is also a special education day program at St. Matthew’s church two blocks away servicing developmentally disabled individuals.

 

There are also several liquor stores and drug stores within a short walk of the proposed site.

 

Fears over safety concerns have been fueled by reported police logs of assaults (including sexual) as well as several missing persons at the two existing Sunrise detox facilities in Florida and New Jersey.

 

This issue will come before the White Plains Common Council at their next meeting on Monday August 6^th and all concerned citizens are urged to appear at 6:30 PM at the Municipal Building 255 Main Street- 2^nd Floor to voice their opposition to this project.

 

In conjunction with an extensive White Plains wide petition drive, there is an online petition available at www.ipetitions.com/petition/no-detox.

 

A Public Hearing on this matter will most probably be set for the September 4  Common Council meeting, (not September 10, as previously stated).

 

For additional information, please contact the Carhart Neighborhood Association at nodetox@gmail.com

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WPCNR TAPPAN ZEE BRIDGE NEWS. Special to WPCNR From the New York State Thruway Authority. July 27, 2012:

 At 5:30 P.M. Friday afternoon, Brian Conybeare, Special Advisor the Governor on the New Tappan Zee Bridge, issued this statement:

“Today the Thruway Authority received three proposals for building a new bridge to replace the Tappan Zee. The proposals comprise more than 70 boxes and an estimated 750,000 pages. The submitted bids are from the following teams:

Kiewit-Skanska-Weeks Joint Venture

(Kiewit Infrastructure Co., Skanska USA Civil Northeast Inc., and Weeks Marine, Inc.)

Tappan Zee Bridge Partners, a Bechtel/Tutor Perini Joint Venture

(Bechtel Infrastructure Corporation and Tutor Perini Corporation)

Tappan Zee Constructors

(Fluor Enterprises, Inc., American Bridge Company, Granite Construction Northeast, Inc., and Traylor Bros., Inc.)

The first stage involves reviewing the proposals for completeness and compliance before the proposals are deemed accepted for substantive selection review, a process expected to take four weeks given the massive volume of material. Additional information regarding the selection process that will begin in four weeks will be available next week, and the process will be open and transparent as federal procurement law will allow.”