Nassau County Court Strikes Down MTA Payroll Tax as Unconstitutional

WPCNR COMMUTER REPORTER. August 22, 2012 UPDATED AUGUST 23, 2012:


Reuters reported this evening that Nassau County Supreme Court Judge Bruce Cozzens ruled on Wednesday that the MTA payroll tax was unconstitutional, reasoning in part that the tax only applies to 12 counties in the state.


Reuters reported the MTA in a statement, said four previous lawsuits challenging the constitutionality of the payroll tax had been dismissed. “We will vigorously appeal today’s ruling,” the authority’s statement said.


By limiting the tax to Nassau County, New York City, and the ring of suburban counties that lie north of the city, including Dutchess County, the legislature signaled that it was not “a substantial state concern” but instead a special law, Judge Bruce Cozzens, a state Supreme Court judge in Nassau County, said in his ruling.


Westchester County Executive Robert Astorino issued this statement: “This is good news for Westchester County and its municipalities. The MTA payroll tax is essentially an unfunded mandate from Albany.  In this case, we were allowed to challenge it. We did.  And now we’ve won an important victory with the court’s decision that this unfair burden on taxpayers was unconstitutional.”


Robert Castelli, Assemblyman for the 93rd Assembly District,representing 3/4 of White Plains, issued this statement:


“Since being elected, I have fought for a full repeal of the onerous MTA payroll tax, a forensic audit of the agency, and legal and legislative action to see this mandate done away with,” Castelli said. “This year we repealed the tax for schools and 80% of small businesses, and now the Courts have fully eliminated this unconstitutional tax once and for all.”


A spokesman for the state senate majority leader, Dean Skelos, a Republican who represents Nassau County, said, “Senator Skelos has always maintained that the MTA payroll tax, which was imposed by the Democrats without a single Republican vote, was an unfair and onerous tax on jobs that never should have been implemented in the first place.”


 

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BOL Demands Independent Review of Playland 2012 Books. Data Challenged

 





The Midway at Playland


WPCNR COUNTY CLARION-LEDGER. From the Westchester County Board of Legislators.(Supplemented by WPCNR) August 21,2012;


A resolution for an independent audit of Playland, the 280-acre amusement park and beach facility owned and operated by Westchester County, received approval today by the Westchester County Board of Legislators (BOL) Government Operations Committee and will now be set for a full vote at the BOL’s next regular meeting on September 10.



The resolution, was supported only by the Democratic legislators on the committee. The call for an independent audit implies that administration reports of Playland being 10% off in revenues has left out important sources of revenue.


In midsummer, Astorino gave legislators a grim report. He even told CBS Radio “Cash strapped Westchester losing $3 to 5 Million a year on Rye Playland is no longer going to be an option,” and that trend in losses is likely to continue. A decison on the park future will be made in September.






In those reports the Board of Legislators learned that Playland attendance this summer is down 5.6% (mid-July) and revenues down 10.6%.



Last week, Legislator Catherine Borgia and two of her colleagues—Judy Myers (D-Larchmont), chair of the BOL Budget & Appropriations Committee, and Bill Ryan (D-White Plains), chair of the BOL Legislation Committee—called for an independent audit of Playland because of “troubling inconsistencies and omissions” in the data regarding the park’s attendance and revenue figures being reported by the Astorino Administration.



“Playland looks better than ever this summer, and it continues to be a fun-filled destination for residents and families from around the region,” said White Plains’ Ryan. “The park’s finances could be stronger, however, and my colleagues on the Board and I need complete financial information to be able to increase revenues at Playland and even further reduce the nominal tax levy support it now receives.”



The call for an audit comes about 4 weeks before County Executive Robert Astorino is to report on the viability of RFP proposals to take over Playland.


The resolution authorizes BOL Chairman Ken Jenkins (D-Yonkers) to employ an independent financial firm to audit and review the actual revenues and expenses of Playland along with the current procedures in place to ensure proper and accurate compilation of the data; and instructs the Budget Director and the Commissioner of Parks, Recreation and Conservation to provide the professional auditors with all information and documentation requested.



“This is a thirteen million dollar a year business that deserves a full financial and operational audit so that legislators can make informed decisions about Playland’s future,” said Legislator Catherine Borgia (D-Ossining), chair of the BOL Government Operations Committee. “With this in mind, it is entirely prudent that we start planning for an audit right now.”



The County Charter mandates that the BOL “investigate the official conduct and the accounts, receipts, disbursements, bills and affairs of any office or officer of the county, or of any office or officer of any special county district or other unit of county government, and make such studies or investigations as it deems to be in the best interests of the county,” as well as “employ such…financial or other technical advisers as may be necessary from time to time, in relation to the performance of any of the functions of county government.”


 


 


WPCNR notes the cost of Playland’s deficit, that the Astorino administration has been wringing its hands over for the last 2 and a half years, apparently did not stop the county from spending $6.7 million (approximately two years of Playland’s revenue shortfalls) to ready the bathhouses for a Children’s Museum and giving that museum a $1 a year lease with no financial resources as yet revealed by the museum’s backers.


 


Ned McCormick, Director of Communications for the County Executive told WPCNR this month that the museum would have to demonstrate their financial resources before the County Committee on Contracts and Acquisitions would approve the lease. If that lease is denied, of course, it would mean the county wasted that $6.4 Million paid to fix the bathhouses that a developer could have paid for.


 



 


 

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CNTY SAVES $25,000 Moving Pools to 12 Noon. Tells No One. 100 STEAM

 



Saxon Woods Pool Tuesday.


 


WPCNR COUNTY CLARION-LEDGER. By John F. Bailey. August 21, 2012 UPDATED AUGUST 22 3:30 P.M.E.D.T. UPDATED AUGUST 23, 2012:


 



Thursday morning, Donna Greene, Deputy Communications Director for the Westchester County Department of Communications said the moving back of pool openings around the county to 12 noon did save the county some money, issuing this statement:


 


“It is approximately a $25,000 savings system-wide from 8/22 to Labor Day  .


 


“At all our pools, as of Aug. 18, opening is at noon Monday through Thursday (for those pools open on Monday). This is at least the 3rd year in a row that this has been the case. Our signs and web site should have been up to date with this information, but, our mistake, they were not.”

 


Greene added the website has been updated as of Wednesday.


 


Residents around the county can check all the county pool opening and hours at http://parks.westchestergov.com/activities/swimming


 


This of course, is no solace to those heading for the pools and having to wait 45 minutes to an hour to get in as they did Tuesday.


 


While this reporter was taking his daily walk at the County-run Saxon Woods Pool parking lot Tuesday morning, I noticed a growing line by 11:30 A.M., with mothers, fathers tots, toddlers, and teens waiting to get in as morning coolness turned into high noon swelter. 


 


Since the pool usually opened at 11 A.M. all week long all summer, I wondered if something was wrong with the pool.


 


A knowledgeable source at the pool told me  that on Monday the pool opening hour changed to 12 noon, to save money in salaries and personnel by opening an hour earlier. I checked what the admission signs said – and there was no correcting notice saying anything like “New Opening Time Beginning August 20, 12 noon,” There was no sign at the entrance of the park prominently announcing the new, later opening.


 


Then of course,when the admissions office  opened at noon, there was still a long line (about 75) waiting to get  into the pool when I left the parking lot at 12:30 P.M.


 


I checked with the Westchester County Department of Communications to see why the opening time was moved up, and whether all county pools were opening an hour later.


 


The spokesperson checked the county website and found it was still listing all county pools as opening at 11 A.M.


 


No news release was sent out by the Department of Recreation and Parks announcing the change to this reporter’s knowledge. WPCNR did not get one.


 


A source at Tibbets Brook Park Pool in Yonkers, told WPCNR their opening hour had moved up to 12 noon as of Monday, too. I asked why, and the source said, “county research has showed the 11 AM to 12 Noon hour was “slow, and it didn’t pay to be open at 11 A.M.”


 


Donna Greene, spokesperson for the Westchester County Department of Communications explained Wednesday,


 


“At all our pools, as of Aug. 18, opening is at noon Monday through Thursday (for those pools open on Monday). This is at least the 3rd year in a row that this has been the case. Our signs and web site should have been up to date with this information, but, our mistake, they were not.”

 

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U.S. Seizes $150 Million in Connection with Hizballah-Related Money Laundering




WPCNR FBI WIRE. Special to WPCNR from the Federal Bureau of Investigation. August 20, 2012:


The United States has seized $150 million in connection with a civil money laundering and forfeiture complaint filed in December 2011 alleging a massive, international scheme in which entities linked to Hizballah, including the now-defunct Lebanese Canadian Bank (LCB), used the U.S. financial system to launder narcotics trafficking and other criminal proceeds through West Africa and back into Lebanon, announced Preet Bharara, U.S. Attorney for the Southern District of New York, and Michele M. Leonhart, the Administrator of the U.S. Drug Enforcement Administration (DEA).



In September 2011, Société Générale de Banque au Liban (SGBL) agreed to purchase most of the assets of LCB. At least $150 million in purchase price funds related to that sale are being held in escrow in Lebanon at the Banque Libano Française SAL (BLF). The seized funds are substitutes for the money in the LCB escrow account at BLF and came from an account at a U.S. bank that is used by BLF to conduct U.S. currency transactions (the “correspondent account”). The funds were seized pursuant to seizure warrants issued on Aug. 15, 2012. There are no allegations of wrongdoing against BLF, SGBL, or the U.S. bank that maintains the correspondent account for BLF in the United States.


U.S. Attorney Bharara said, “Money is the lifeblood of terrorist and narcotics organizations, and while banks which launder money for terrorists and narco-traffickers may be located abroad, today’s announcement demonstrates that those banks and their assets are not beyond our reach. We will use every resource at our disposal to separate terrorists and narco-traffickers, and the banks that work with them, from their illicit funds, even those hidden in foreign accounts.”


DEA Administrator Leonhart said, “As we alleged last year, the Lebanese Canadian Bank played a key role in facilitating money laundering for Hizballah-controlled organizations across the globe.


“Our relentless pursuit of global criminal networks showed that the U.S. banking system was exploited to launder drug trafficking funds through West Africa and into Lebanon. DEA and our partners are attacking these groups and their financial infrastructure while establishing clear links between drug trafficking proceeds and terrorist funding.”


According to the complaint, the affidavit in support of the seizure warrants and other documents filed in the case:


From approximately January 2007 to early 2011, at least $329 million was transferred by wire from LCB and other financial institutions to the United States for the purchase of used cars that were then shipped to West Africa. Cash from the sale of the cars, along with the proceeds of narcotics trafficking, were funneled to Lebanon through Hizballah-controlled money laundering channels.


LCB played a key role in these money laundering channels and conducted business with a number of Hizballah-related entities. Hizballah is a U.S. Department of State designated Foreign Terrorist Organization, a Specially Designated Terrorist, and a Specially Designated Global Terrorist.


On Feb. 10, 2011, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a finding and proposed rule under provisions of the USA Patriot Act that LCB is a financial institution of primary money laundering concern, based on among other things FinCEN’s determination that there was reason to believe that LCB had been routinely used by drug traffickers and money launderers operating in various countries in Central and South America, Europe, Africa, and the Middle East. FinCEN also determined that there was reason to believe that LCB managers were complicit in the network’s money laundering activities.


After the FinCEN action, another Lebanese financial institution, SGBL, acquired the assets and liabilities of LCB for $580 million, $150 million of which is being held in an escrow account at BLF (the “LCB escrow funds”). Because the LCB escrow funds are traceable to the assets of LCB, they are also subject to forfeiture; but since they are in an account in Lebanon, the United States is unable to seize the LCB escrow funds directly.


However, under U.S. law, the United States can seize funds located in a bank’s correspondent accounts in the United States if there is probable cause to believe that funds subject to forfeiture are on deposit with that bank overseas. Based on this provision and others, the seizure warrants were executed. A total of $150 million was seized from BLF’s correspondent account. These funds will be transferred to a seized asset account maintained by the U.S. Marshals Service pending resolution of the forfeiture action.


U.S. Attorney Bharara thanked the DEA for its leadership and praised the New York Organized Crime Drug Enforcement Strike Force for its outstanding work on this investigation, which he noted is ongoing. The strike force is comprised of agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement’s Homeland Security Investigations, the New York State Police, the IRS Criminal Investigation Division, the U.S. Marshals Service, Alcohol, Tobacco, Firearms and Explosives, the FBI, and the U.S. Attorney’s Office for the Southern District of New York.


The strike force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area, which is a federally funded crime fighting initiative. U.S. Attorney Bharara also thanked the U.S. Department of State, the U.S. Department of the Treasury, the FBI, and the New Jersey State Police for their assistance.


This matter is being handled by the U.S. Attorney’s Office for the Southern District of New York’s Asset Forfeiture Unit. Assistant U.S. Attorneys Sharon Cohen Levin, Michael Lockard, Jason Cowley, and Alexander Wilson are in charge of the case.

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