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JAVEON CABALLERO
SUSPECT IN MARKUS AUSTIN MURDER Contact Vermont State Police, 229-9191 or Montpelier Police, 802-223-3445

WPCNR POLICE GAZETTE. From news reports and The Rutland Herald. January 27, 2017:

Wednesday, Vermont State Police arrested as an accessory after the fact related to the Sunday killing of former White Plains resident, Markus Austin. Police said investigation determined  Reginald Jones, 36,  drove Javeon Caballero, (pictured above, photo, Vermont State Police) to a bus station in White River Junction the morning of the shooting and then bought Caballero a bus ticket.

Police said Caballero shot Austin after the two had been involved in an altercation in Barre, Vermont, where both men, Austin and Caballero, lived that took place earlier Sunday morning.

Police believe Caballero has “fled the state,” presumably for New York City area.If you have seen this man, contact the Vermont State Place , 229-9191 or the Montpelier Police 802-223-3445.

Police added that Caballero had a felony conviction for aggravated assault in 2010, which would make it illegal for him to have a gun.

Caballero also has three misdemeanor simple assaults charges, two in 2010, and one in 2008.

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Wind Turbine operating 5 miles off Block Island, One of 5 in operation off the Island in the Atlantic Ocean, in operation since October of 2016. Aerial Photograph by WPCNR

WPCNR THE POWER NEWS. From the Governor’s Press Office. January 25, 2017:

Governor Andrew M. Cuomo today announced the Board of Trustees of the Long Island Power Authority voted to approve the nation’s largest offshore wind farm, and the first offshore wind farm in New York.

The approval of the South Fork Wind Farm, a 90 megawatt development 30 miles southeast of Montauk, is the first step toward developing an area that can host up to 1,000 megawatts of offshore wind power.  The wind farm, which is out of sight from Long Island’s beaches, will provide enough electricity to power 50,000 Long Island homes with clean, renewable energy, and will help meet increasing electricity demand on the South Fork of Long Island.
 
The vote comes two weeks after Governor Cuomo called on LIPA to approve the wind farm project and announced an unprecedented commitment to develop up to 2.4 gigawatts of offshore wind by 2030 in his regional State of the State address on Long Island.

The 2.4 gigawatt target, which is enough power generation for 1.25 million homes, is the largest commitment to offshore wind energy in U.S. history, helping to bring this valuable resource to New Yorkers at a scale unmatched in the United States.
 
“New York leads the nation in pioneering clean energy innovation, and this bold action marks the next step in our unprecedented commitment to offshore wind, as well as our ambitious long term energy goal of supplying half of all electricity from renewable sources by 2030,” Governor Cuomo said. “This project will not only provide a new, reliable source of clean energy, but will also create high-paying jobs, continue our efforts to combat climate change and help preserve our environment for current and future generations of New Yorkers.”

The LIPA Board approved a contract submitted by Deepwater Wind for the South Fork Wind Farm after a year-long process engaging the private sector for the best available clean energy generation ideas and detailed cost modeling.  Other elements of LIPA’s South Fork energy portfolio include transmission enhancements and additional clean energy solutions such as battery storage and consumer electricity demand reduction.

The LIPA Board approved a 20-year pay-for-performance Power Purchase Agreement, allowing the utility to only pay for delivered energy without taking construction or operating risk.  Advancing technology and innovation reduced the projects all-in wind energy price to be competitive with other renewable energy sources.

In addition to today’s approval for the South Fork Wind Farm, the New York State Energy Research and Development Authority is continuing to develop an Offshore Wind Master Plan outlining the State’s commitment to developing cost-effective offshore wind resources in federal waters off the coast of New York.

 The Master Plan, to be released in late 2017, will show how additional New York coastal sites may be developed responsibly and will set capacity targets and commercial operation dates for each site. The state will continue to work closely with coastal community members, the fishing and maritime industries, environmental advocates and other stakeholders to identify additional offshore wind energy sites to be included in New York’s Offshore Wind Master Plan.

Tom Falcone, LIPA’s Chief Executive Officer, said, “We are confident this is the first step to developing the tremendous potential of off-shore wind off Long Island’s coast and meeting Governor Cuomo’s Clean Energy Standard. This project is the right size, at the right location and demonstrates how smart energy decisions can reduce cost while providing renewable energy and clean air for all of Long Island.”
 
John Rhodes, President and CEO of NYSERDA said: “New York is leading the nation in developing offshore wind to provide clean, renewable energy and I applaud LIPA’s approval of the South Fork Wind Farm. Offshore wind has great potential to help us achieve our ambitious clean energy goals under the Clean Energy Standard and Reforming the Energy Vision as well as the Governor’s 2.4 gigawatt goal, and this project will reduce our carbon footprint and protect the environment for generations to come.”

New York State Senator Kenneth LaValle said, “Wind and other alternative energy sources are critically important components in our overall energy strategy.  This project will greatly bolster the East End’s energy reliability in an environmentally compatible manner, help stabilize rates, and create much needed construction jobs in the region.”

New York State Senator Phil Boyle said, “I applaud the Long Island Power Authority’s consideration of the proposed 90-megawatt, 15-turbine wind farm east of Montauk and encourage the Board of Directors to approve the Deepwater Wind proposal. With major changes in NY’s energy markets in recent years, including retirements of coal and nuclear generation and an increasing reliance on natural gas, it is more essential than ever to increase local renewable energy sources on a large scale. The proposal by Deepwater Wind will create jobs, and will ensure the protection of NY’s coastline, the tourism industry, and the quality of life for all here on Long Island.”
 
New York State Senator Todd Kaminsky said, “A comprehensive offshore wind program is vital to growing a clean-energy economy and combating climate change. With this offshore wind farm, New York will take its rightful place as the national leader in advancing renewable energy. I will continue to advocate for investments in renewable energy that lower carbon emissions and grow our clean-energy economy.”
 
New York State Assemblyman Steve Englebright said, “By making the commitment to move forward with this offshore wind project, LIPA will not only help New York further its state-wide carbon reduction and renewable energy goals but will also help to establish the infrastructure and quality labor force necessary to give Long Island and New York State the long-term competitive edge in an emerging offshore wind industry.”
 
New York State Assemblyman Fred W. Thiele, Jr. said, “Long Island, and particularly the East End, faces unique energy and economic challenges.  As one of the few parts of Long Island in which energy demands continue to grow, we face a steadily increasing need for new sources of power.  Our existing electricity grid is operating at its limits and, given our population density and our commitment to conservation, building any new energy infrastructure here is difficult. I am pleased that with today’s announcement LIPA broadens their commitment to maintaining a renewable energy portfolio. Not only will this help the South Fork meet its increasing energy demand, but will do so in an environmentally responsible manner, creating jobs for our State.”
 
Suffolk County Executive Steve Bellone said, “By locating the offshore wind farm 30 miles offshore, it will be over the horizon and will not impact views from our beaches.  By installing energy storage facilities in Montauk and Wainscott, it will deliver reliable power without the noise and emissions that accompany conventional power plants.  And, by providing enough clean energy for 50,000 Long Island homes, it will help to mitigate climate change and establish New York State as a leader in clean energy.”

Kit Kennedy from NRDC said, “This is what our clean energy future looks like. Greenlighting the nation’s largest – and New York’s first – offshore wind farm would be a giant step forward in finally unleashing the largely untapped potential of this plentiful source of clean energy. Approving this project is critical to putting Governor Cuomo’s bold climate goals for the state into action.”

Lisa Dix New York Senior Representative for the Sierra Club said, “We applaud the Long Island Power Authority and Governor Cuomo for their visionary leadership today. Building New York’s first, and nation’s largest, offshore wind project is an historic first step – by providing cost-effective, reliable and pollution free electricity for Long Islanders, creating jobs and new economic development opportunities for New Yorkers, and positioning the Empire State as a national climate and clean energy leader.”
 
Anne Reynolds, Executive Director of ACE NY said, “It is exciting to see LIPA’s leadership on investing in offshore wind, which is key to achieving the Governor’s vision of fifty percent renewable energy. LIPA recognizes that offshore wind can help affordably meet Long Island’s electricity needs with clean and homegrown power.”
 
Adrienne Esposito, Executive Director, Citizens Campaign for the Environment said, “Our transition from fossil fuels to renewables has just taken a giant leap forward with this historic decision. This is game changer, a legacy that all New Yorkers will be proud of. By tackling climate change head on New York is proving to be a global leader.”
 
Gordian Raacke, Executive Director of Renewable Energy Long Island said, “This is a big step for LIPA, a bold step for renewable energy on Long Island, and the beginning of an offshore wind industry in the State of New York and the country. “We commend Governor Cuomo and LIPA for showing visionary leadership in the transition to renewable energy and thank all who have advocated for offshore wind energy over the last couple of decades.”
 
Elizabeth Gordon, Director of the New York Offshore Wind Alliance said, “LIPA’s 90 MW South Fork project moves New York to the forefront of offshore wind development in America. “Major progress on what will be the nation’s largest offshore wind project, combined with Governor Cuomo’s 2,400 MW commitment, makes it clear that New York is entering a new energy era – one where offshore wind power is poised to play a key role in meeting down state’s electricity needs.”

Karl R. Rábago, Pace Energy and Climate Center said, “It is gratifying to see years of advocacy for clean energy development bearing fruit in such a spectacular fashion. And it is inspiring to have the leadership in New York that made it happen.”
 
Heather Leibowitz, Director, Environment New York said, “Offshore wind needs to be a significant part of the energy mix. It is key to putting the Empire State on a path toward an economy powered entirely by renewable energy. The 90-megawatts of energy produced off east Montauk will get us one step closer to this goal.”
 
Kevin Law, President and CEO of the Long Island Association said, “The offshore wind farm proposed by Deepwater Wind is an important step forward in building Long Island’s clean energy economy, creating new jobs in this industry and diversifying our fuel sources which is why the LIA has supported this project.”
 
John R. Durso, President, Long Island Federation of Labor, AFL-CIO said, “LIPA’s decision to enter into an agreement with Deepwater Wind is good news for the Long Island labor movement.  It is a first step in realizing the potential for a new American industry with Long Island at the epicenter.  We thank New York State for their commitment to our energy future, an opportunity which includes union jobs. We are excited to put our skilled workforce on the job.”
 
About Reforming the Energy Vision
Reforming the Energy Vision is Governor Andrew M. Cuomo’s strategy to lead on climate change and grow New York’s economy. REV is building a cleaner, more resilient and affordable energy system for all New Yorkers by stimulating investment in clean technologies like solar, wind, and energy efficiency and generating 50 percent of the state’s electricity needs from renewable energy by 2030. Already, REV has driven 730 percent growth in the statewide solar market, enabled over 105,000 low-income households to permanently cut their energy bills with energy efficiency, and created thousands of jobs in manufacturing, engineering, and other clean tech sectors. REV is ensuring New York State reduces statewide greenhouse gas emissions 40 percent by 2030 and achieves the internationally-recognized target of reducing emissions 80 percent by 2050. To learn more about REV, including the Governor’s $5 billion investment in clean energy technology and innovation, please visit www.ny.gov/REV4NY and follow us at @Rev4NY.
 
 

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. January 23, 2017:

Preet Bharara, the United States Attorney for the Southern District of New York, announced Monday that STEFAN LUMIERE, a former portfolio manager at Visium Asset Management, was convicted of conspiracy to commit securities and wire fraud, securities fraud, and wire fraud in connection with a scheme to mismark securities held in a particular fund from 2011 to 2013 in order to overstate the net asset value (“NAV”) of the fund that was reported to investors on a monthly basis.

LUMIERE was convicted following a six-day jury trial presided over by U.S. District Judge Jed S. Rakoff.

U.S. Attorney Preet Bharara said: “In a swift verdict, a federal jury convicted Stefan Lumiere, a former portfolio manager at Visium, of securities and wire fraud. For years, Lumiere mismarked securities in his portfolio, using sham broker quotes and fake purchase prices to vastly overstate the value of his fund. The securities Lumiere traded may have been complex, but his criminal scheme was simple: lie and make up numbers to make more money. As the verdict reflects, the jury quickly saw Lumiere’s conduct for what it was, criminal fraud.”

According to the allegations in the charging documents and statements made in court proceedings:

Visium Asset Management

At all relevant times, Visium Asset Management (“Visium”) managed hedge funds specializing in healthcare-related investments. Visium managed a credit fund (the “Credit Fund”), which operated from in or about 2009 until in or about September 2013, and invested primarily in debt instruments issued by healthcare companies.

The Scheme to Mismark Securities

From June 2011 through September 2013, LUMIERE and others participated in a scheme to defraud the Credit Fund’s investors and potential investors by deceptively mismarking each month the value of certain securities held by the Credit Fund. The objective of the scheme was two-fold:

(1) to inflate the Credit Fund’s NAV(Net Asset Value); and

(2) to mislead investors about the liquidity of the Credit Fund’s holdings. Visium assessed performance fees to be paid by investors each year based on the Credit Fund’s profits and losses.

LUMIERE’s mismarking was in violation of Visium’s internal valuation procedures and contrary to Visium’s representations to investors. The effect of the scheme was to overstate the Credit Fund’s NAV, often by tens of millions of dollars as calculated at the end of each month to investors.

In order to carry out the scheme, LUMIERE and others solicited, obtained, and relied on false and fraudulent price quotes from employees of broker-dealers in order to improperly override prices calculated by the Credit Fund’s administrator and artificially inflate the Credit Fund’s NAV each month.

For each month-end valuation, LUMIERE and others would begin by reviewing an inventory of the Credit Fund’s investments and proposed valuations for each prepared by the Credit Fund’s administrator and Visium’s back office.

LUMIERE and others would then identify those relatively illiquid securities as to which they disagreed with or disliked the proposed price, and create a list reflecting the prices at which they wanted each security to be marked for month-end valuation purposes.

That price was often significantly higher or lower than the price available from public price data. LUMIERE and others would then contact one or two “friendly” brokers and dictate to the friendly brokers the price quotes that they needed.

The brokers would then parrot back the price quotes from their Bloomberg email account, giving the price quotes the appearance that they had come from an independent broker, and thus were in compliance with the Credit Fund’s pricing methodology. The friendly brokers’ sham quotes were then submitted to Visium’s accounting department as purportedly independent bases for that security’s valuation, for the eventual submission to the Credit Fund’s administrator.

By obtaining these sham quotes, LUMIERE and others caused a number of the Credit Fund’s securities to be misclassified in order to mislead investors about the liquidity of the securities (i.e., how actively traded the securities were).

Specifically, for a number of illiquid bonds, LUMIERE and others fraudulently caused Visium to assign a classification that led investors to believe that the bonds were relatively liquid, when in fact they were entirely illiquid.

This was done contrary to disclosures to investors about the Credit Fund’s percentage of illiquid investments, in order to induce investors to invest in or keep their money in the Credit Fund.

As another method to carry out the scheme, LUMIERE purchased additional quantities of certain securities – in which the Credit Fund had an established position – at a deceptively inflated price, markedly higher than the prevailing market was offering that security, in a practice known as “painting the tape.” The inflated price was then reported to Visium’s accounting department for NAV purposes. In both cases – the sham broker quotes and the inflated purchase prices – it was LUMIERE’s intent to increase the price of certain securities in order to inflate the Credit Fund’s month-end valuation.

* * *

LUMIERE, 46, of New York, New York, was convicted of one count of conspiracy to commit securities fraud and wire fraud, which carries a maximum sentence of five years in prison; one count of securities fraud, which carries a maximum sentence of 20 years in prison; and one count of wire fraud, which also carries a maximum sentence of 20 years in prison. The charges also carry a maximum fine of $5 million, or twice the gross gain or loss from the offense.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Bharara praised the work of the FBI, and thanked the SEC for its assistance.

This case was brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visitwww.StopFraud.gov.

The case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Ian McGinley, Damian Williams, and Joshua A. Naftalis are in charge of the prosecution.

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Hundreds of men, women and some children strolled through aisles showcasing rifles, current handguns, antique historical weapons, accessories, hunting and outdoor equipment, knives, and information booths  at the Gun and Knife Show today at the County Center.

County Executive Robert P. Astorino in a news conference at 2 this afternoon, said he vetoed the Democrat legislation that would have banned gun shows on county property to preserve the rights of persons to experience firearms exhibitions. 

County Executive Astorino told the assembled press he made the decision based on law and the belief that having a gun show at a county-owned facility such as the Westchester County Center, made such a show a venue that presented greater control of security and execution of the legal procedures required at gun shows across the state.

Mr. Astorino strolled about the show floor prior to the conference, getting congratulations for his veto from vendors, and show goers alike. During the news conference, persons waiting in the long line to get into the show shouted  “Thank you, Rob,” and “Thanks, Rob!” as they  strolled slowly by the developing news conference.

Peter Tartaglia, the Commissioner of Recreation and Parks for Westchester County told WPCNR over 3,000 persons had passed through the turnstiles, at $13 admission,  as of 2 PM, an all-time record for attendance at a center event (according to Mr. Astorino).

Astorino in his comments to the press said persons could not buy a handgun and walk out with it (from the four tables this reporter saw selling handguns, all of the handguns and rifles for sale which had ties in the barrels, on the triggers, and magazines preventing the guns from being loaded). You could not handle a handgun that was for sale without presenting a Gun License. You could not purchase a rifle or other long gun without a National Instant Criminal Background System (NICS) that would be conducted  on the premises in the manager’s office.

Asked how long it took to get a Gun License, Astorino said there were a number of steps that could take awhile, but did not know how long.

County Legislator John Testa (left, in above photograph)added it would take approximately five weeks to be processed, then you would have to go back to the dealer and get the gun registered. WPCNR, speaking with a Gun Licensee familar with the procedure found it could take six months to a year to get the handgun in your possession. Testa added that the success of the event meant the show would become a “perennial ” event at the County Center.

Questioned about the compromise legislation that Republicans said would replace the vetoed gun show ban on county property, Mr.Astorino said the legislation the County Legislature will take up Tuesday at a public hearing in The Little Theater in the County Center, did not add any regulations or procedures that were new.

He said the procedures codified in the compromise legislation bill supported by the Republicans are being observed in all gun shows across the state.

The compromise legislation was developed because Mr. Astorino said many persons in the county had expressed concern that a gun show was not “secure.”

Astorino said the compromise was to assure citizens worried about security at gun shows that if a gun show was held privately at other non county-owned venues in Westchester that those private property shows were subject to the same regulations the New York State requires of all gun shows and “they would feel safe and secure.”

Astorino noted that a gun show was taking place in Albany at a government -owned property, just as the County Center.

Line of firearms enthusiasts to get into the County Center wrapped around the venue and up the Bronx River Parkway as of 12 noon..it was just as long at 3 PM

The showfloor was still crowded at 3 PM

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JOHN BAILEY AND PETER KATZ

WHITE PLAINS WEEK OF FRIDAY JANUARY 20

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