Punishment for Food Fighters Uncertain at this Time. 6 Suspended Currently

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WPCNR SCHOOL DAYS. By John F. Bailey. June 12, 2012:


 At the Final Board of Education meeting of the year, Superintendent of Schools Dr. Christopher Clouet commented on the Food Fight “incident” that Clouet said took White Plains High administrators by surprise when it erupted in the high school cafeteria last Thursday. He said names of the students involved would not be released to the media 


Clouet indicated the fate of the identified participants is uncertain, pending Superintendent’s Hearings for each student. Previously senior participants in the unprovoked food fight (it was just started as a so-called “senior prank,” deteriorating to the point where  “water” balloons of urine were alleged to be thrown, according to students who were there.


No parents addressed the Board during the public comment portion of the meeting expressing concern about the incident.


Clouet told the attendees at the Board meeting,  the so-called senior prank


“went a little awry and unfortunately a food fight that developed and it was an embarrassing situation, and just like  in any family some things happen that you’re not proud of. This would be that kind of moment for us.”


“With that said, most of the kids at the high school were not even aware of it (the food fight) at that time, certainly regulatory had no information of any kind. It did not result in any kind of fisticuffs or arrests or things like that, but it was unseemly that type of behavior.  The high school administrators and the teachers did a great job getting  kids  back in the classrooms safely. The rest of the day was uneventful. There were no serious injuries.


“In any event, we were not happy about it. The investigation into who was responsible for organizing it  is  well underway and there already have been some suspensions and we have already scheduled Superintendent hearings to discuss further acts of discipline .


“This kind of behavior will not be tolerated. It does not reflect most of the kids in our school. Take one of those (copies of The Orange, the high school newspaper), with you (and he opened to the center spread showing college acceptancees’ pictures) in the middle you will see a listing of all the seniors and all the colleges going to. This is what represents White Plains High School. Not that unfortunate incident.”


Clouet told WPCNR before he spoke to the meeting  that 6 Seniors had already been suspended, but it has not been decided whether those seniors will be excluded from participating in High School graduation June 21 as had been previously told to WPCNR by sources  who said they were familiar with calls that went out to parents of those seniors.


Clouet said some  students from other classes had “high-jacked” the event, and they are in the process of being identified and Superintendents’ hearings  scheduled. WPCNR asked how many, Clouet said 10 to 15 students will be talked to about participation in the incident.


He said that the high school nurse had reported two him two injuries, a girl with a “badly sprained ankle, (not broken),” and a student whom Clouet did not know was a boy or girl, hit upon the head with an apple. He said no student was hospitalized.


Asked if slingshots had been used to launch projectiles of food, Clouet said he was uncertain. He said White Plains Police did not play a role in stopping the incident and were only asked to come after the incident was over, to assure that that the incident did not start again during school dismissal.


Asked to comment on the YouTube videos posted by students after the incident showing students stampeding down the halls with no sounds of public address system announcements heard, Clouet said there were announcements, but bullhorns were  not used by security personnel. He said administrators were called in from other schools in the district. He reported it took  10 to 15 minutes to stop the food fight.


He assured WPCNR  that next year’s senior class would be told in no uncertain terms  to “make sure this  doesn’t happen again.”

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County Announces New Contract with Corrections Officers.

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WPCNR COUNTY CLARION-LEDGER From the Westchester County Department of  Communications. (Edited) June 11, 1012:


County Executive Robert P. Astorino today announced a tentative settlement with the Westchester Correction Officers Benevolent Association (COBA), whose members have been working without a contract since the end of 2008.


            This is the second contract with a county union to have members pay a portion of their health care costs.


 Compensation changes for current union members only will be as follows:


· Effective Jan. 1, 2009, union members will get a 3 percent raise.


· Effective Jan. 1, 2010, union members will get a 3 percent raise.


· Effective Jan. 1, 2011, union members will get a 2.5 percent raise.


· Effective April 1, 2012, union members will get a 2.5 percent raise.


· Effective July 1, 2013, union members will get a 2.5 percent raise.


· Effective July 1, 2014, union members will get a 2.5 percent raise.


· Effective July 1, 2015, union members will get a 2.5 percent raise.


· The tentative contract includes some increases in night shift differential and longevity pay.


COBA has been working without a contract since Dec. 31, 2008, when its last one expired.


            “Since taking office in 2010, I have repeatedly called on our unions to contribute to the costs of their health care,” said Astorino. “What has been accomplished here, first with the Teamsters and now with COBA, has been done through the give-and-take of collective bargaining. This contract is fair to union members and it is fair to our taxpayers who cannot afford the $140 million a year for free health care for our workforce.”


         


 The COBA contract covers about 690 correction officers at the county’s jail and penitentiary complex. The tentative pact was approved overwhelmingly by COBA’s rank and file members on June 1. That contract now goes to the legislators for approval.


The tentative seven-year pact calls for modest wage increases that amount to an average of 2.6 percent a year. The wage increases would be spread over periods that are more than 12 months to lower the cost to the county.


 


These increases will be provided only to current employees. The county and union have agreed to a reduced salary schedule for new hires. That schedule will substantially reduce the county’s labor costs going forward and will offset increases in salary for current employees.


 


Alonzo West, president of the union, said of the contract: “This was a hard fought battle where both sides had to consider each other’s needs and make some difficult compromises. COBA members have been working without a contract for a long time and we wanted to reach a deal that not only protected their interests, but would also provide some stability moving forward.”


 


The COBA contract comes about six weeks after Astorino reached an agreement with Teamsters Local 456, which represents about 120 county managers. The Teamsters contract, which also included modest wage increases and employee health care contributions, was given final approval last week by the Board of Legislators.


 


“No contract can ever fully satisfy all parties,” Astorino said. “But this new agreement is a realistic response to the financial conditions confronting county government and our taxpayers who pay the bills. I want to thank the leadership of COBA and its members for their partnership in putting this agreement together.”


Non-union employees, including Astorino, already contribute to their health care costs, under terms of a law Astorino initiated in 2010.


 


Astorino again called on the county’s other unions, including its largest – the Civil Service Employees Association (CSEA) – to follow the example set by COBA and the Teamsters.


 


The CSEA has been working without a contract since Dec. 31, 2011. The county’s other five unions all have expired contracts as well. They represent police officers and superior officers, superior corrections officers, investigators in the District Attorney’s Office and nurses.


 


Under terms of the tentative agreement with COBA, union members will begin paying a portion of their health care costs as follows:


· Upon ratification by the Board of Legislators, all current COBA members will contribute 12.5 percent to health insurance costs. (For employees getting health care under the county’s self-insured plan administered by POMCO, this would be about $2,600 annually for a family plan or $986 for an individual.)


· The employee contribution would rise to 13 percent on Jan. 1, 2013; to 14 percent on Jan. 1, 2014; and to 15 percent on Jan. 1, 2015, with caps to make sure that premium on which contributions are based cannot rise more than 6.5 percent annually.


· New employees hired will pay 20 percent towards the cost of their health care.


· The tentative contract also includes increases in co-payments for doctor visits, emergency room visits and prescription drugs, as well as other cost-containment measures.


:

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Wave your Flags for A Grand Old Cohan! GEORGE M Still Owns Broadway at WBT.

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WPCNR Theatrical Review by  John F. Bailey. June 9, 2012:


 


Westchester’s living “Hall of Fame” of musical theatre, Westchester Broadway Theatre staged a wallapaloosa revival of the 1968 Tony Winner, George M last night in a solid, star-spangled Independence Day treat for the entire family. 


 



 


The Man Who Owns Broadway:


John Scherer as the man who created musical theatre, George M. Cohan 


Photos Courtesy, Westchester Broadway Theatre by John Vechiola


 


GM is as big, brash and bold as George M. Cohan himself. This express of a musical takes you from vaudeville to modern Broadway Theatre is stopping in Elmsford only to July 1,  so get your ducats now at (914) 592-2222 or go to www.broadwaytheatre.org. You have no time to waste. Call now!


 


 


WBT has even brought back Mr. Cohan himself – the flying footed, hard- tapping, indefatigable, belting, brash, confident, swaggering, charismatic John Scherer who is George M himself. He has the persuasive chatter of the legendary showman:  “It’s all true, but it’s going to be,” he tells his landlady Mrs. Grimaldi (when he and his family are struggling to pay the rent). He’s the bluster, the swagger, the spirit, the hope of America itself.


 



 


Mr. Scherer belts all the Cohan classics: from the signature Give My Regards to Broadway (above) when George M is heading to England to bet his all on his first  real musical: Little Johnny Jones, to his patriotic spectaculars that never fail to lift the heaviest heart: You’re a Grand Old Flag, Over There, Yankee Doodle Dandy (composed after his breakup with his first wife),  and his wonderful Irish duet with Jim Walton (who plays George’s father) in a mock fisticuffs number, Harrigan — the best I’ve seen staged of that song.


 


Scherer brings the audience to a hush in the dramatic scene in Act II when, coaxed to come back to the stage late in life, he realizes the musical theatre he invented has changed.This is an aching, poignant moment. His moves of realization are just right, the audience feels his anguish as they feel his joy. Not many musical leading men can turn that believable schmaltz on…but he can. And the audience still goes home happy.



This musical takes you from Vaudeville to the  Broadway musicals of the 20s and 30s which followed the format George M. Cohan invented.


 



 


The choreography of  Jonathan Stahl is consistently entertaining sold by the hardest- tapping, furiously footing stylish dance team in months (the raised stage platform which rises from the stage was trembling during the  Grand Old Flag above)


 


The lighting by the magician, Andrew Gmoser, showed so many variations on red. The scene change from Lyric Theatre to Old Glory waving was spectacular, stunning the Opening Night crowd who were just awed.


 


The scenic device of using different prosceniums of different theatres as Mr. Cohan and the three other members of  the Cohan family travel from town to town, is a stroke of genius in design from setman John Carrell. The costumes– evoking the glamour, the parasols, the waist coats, the tuxedoa, the “class” of the period– by Leon Dobkowski–simply gorgeous!


 


 


 



 


The Cohans auditioning in Act One before a producer without vision : Jim Walton as father Jerry, Melodie Wolford as Nellie Cohan, John Scherer as George M. and the belter, Amanda Trusty as sister Josie


 


In Act One, Jerry Cohan, is seen performing a vaudeville act in Providence from the back of the stage looking out at the imaginary audience.  Nine yearold Victoria Dennis of Mt. Kisco runs on stage to tell him his son, George is being born. Thoughout the show the different stages are as much of a star as this dream team giving this show their all. 


 


You see performances from the side, from the front, each theatre stage using the the rotating proscenium stage. Last night’s GM at WBT is a tour de force of how theatre makes “make-believe” real.


 


Mr. Scherer is backed with another WBT galaxy of complimentary actors who perform many swing roles as GEORGE M creates the show biz of the past


 


ANNIE-ESQUE!


 


Katherine Heaton(right) playing the actress Fay Templeton, is with scene stealer Gabriella Palminteri of Bedford. Little Ms. Palminteri, daughter of actor Chaz Palminteri played the role on the performance WPCNR saw and was delightfully precocious, poised and perky, showing excellent comic timing in her appearance in Act I telling George M’s father during a performance of George M’s birth, while forthrightly singing Mary’s a Grand Old Name to demonstrate to Ms. Templeton how good the song was. Very “Annie-esque!” 


 


Katherine Heaton as Templeton radiates turn of the century pulchritude in a spectacular emerald green dress lit immaculately in enchanting emerald hue.  agrees to play in George M’s and Sam Harris’s first production when she sings Mary’s a Grand Old Name in Act Two. The audience is so moved by Ms. Heaton’s rich colorature voice and haunting treatment of this marvelous ballad. She thrilled the audience, producing sentiment and wonder — easily the most striking solo performance in the show. What a voice Ms. Heaton has!


 


The entire scene in Harris’s offices is a comic delight to start the second act as George M fast-talks and sells his musical Forty-five Minutes from Broadway to backers and lures Ms. Templeton. Gary Lynch as Sam Harris is a game comic foil to Mr. Scherer’s bombast in this Act II opener.


 


Scherer’s rapport with father, Jerry, played by Jim Walton is very believable. Scherer and the three other dancing Cohans, Nellie (Melodie Wolford) and sister Josie (Laura Schutter) makes an attractive family. The scene where George M is celebrating Opening night at Rector’s Restaurant  where they sing All Our Friends is particularly winning to the audience. In it George M bequeaths half his creative works to his father. Well-played.


 


Act One shows how Cohan fights through rejection and continues to believe in his talent, defending his creations, being loyal to his family, and his lesser-known songs acquaint us with the show biz life.


 


From the opening notes of You’re a Grand Old Flag starting the show, the stage band of Leo Carusone and his sidemen (Patrick Kelly, keyboards; Ken Ross, percussion; Ron Kozak,reeds; Ron Raffio,Bass; Dave Olson, trumpet) deliver a bed that is supportive, just right, and makes the “grand old bigger-than-America songs” glitter and gleam beneath the cast’s fill-the-theatre voices.


 


The glamorous scene, The Man Who Owns Broadway is distinguished by various marquees of the theatres Cohan owned, The Lyric and The Savoy,  is played so well by the irrepressible Mr. Scherer, as he refuses to accept unions, and decides to retire. The company sings about The Man Who Owns Broadway.


 


Mr. Scherer owns this show.


 


This loving, hard-working, fun-loving revival shows why Cohan is one of a kind.


 


George M. Cohan still can give you more fun and good feelings about your country and yourself to this day — 120 years after the songs in this show were written.


 


They couldn’t stop clapping.


 


 


 


 


 


 


 


 


 


 

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Punishments Forthcoming in High School Senior Prank Gone Out of Control

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WPCNR SCHOOL DAYS. By John F. Bailey. June 8, 2012 UPDATED WITH VIDEO LINKS, JUNE 8, 2012, 1:33 P.M. E.D.T.: 


A massive food fight broke out in the White Plains High School cafeteria Thursday at lunchtime, instigated by members of the senior class.


It was reported to WPCNR by witnesses that cellphones were confiscated by school officials to prevent pictures and video being made of the incident. However, today  visual confirmation of the chaos may be seen on videos secretly shot inside the school at the food fight, posted on YouTube at http://www.youtube.com/watch?v=5cOsNlWQn-U another YouTube video documenting the dangerous hall situation may be seen at http://www.youtube.com/watch?v=pJ_KnuUpQZ8


According to Superintendent of  Schools, Dr. Christopher Clouet, yesterday in a written statement, Clouet wrote WPCNR:

“Yes, there was a “food fight/water balloon fight” …apparently as part of a “senior prank”. There were no fisticuffs and there were no arrests.Staff handled it quickly. Students returned to class and were dismissed without incident at the end of the day.

School will be open tomorrow!

I am disappointed that a small fraction of our students acted in an inappropriate way today. School administrators are investigating. We do anticipate that disciplinary action will be taken.”


White Plains Police units were called to the scene that witnesses said was dangerous


White Plains Commissioner of Public Safety, David Chong wrote WPCNR: “. Our School Resource Officer and a few patrol units and Community Affairs units responded to help out at the HIgh School. There are no reported arrests at this time.”


Parents learned of the incident when students returning home from White Plains High School this afternoon reported that the school was in lockdown from the lunch hour on. Students said rumors of a food fight to be staged were all over the halls of the school this morning, and when lunch hour began, students (alleged to be members of the senior class executing a senior prank) wearing masks launched a fusillade of balloons,(some balloons were said to be filled with urine) and food projectiles.


One witness said a student was hit near the eye with an apple launched by a slingshot and was taken to a hospital (THIS IS NOT CONFIRMED). Assistant Principal Dixon was seen covered in food.  


Custodians from other schools in the district were called in to clean up the mess in the cafeteria described as being awash in water, juices and emptied garbage. Witnesses said students were running out of the cafeteria to escape the out-of-control situation at the height of the melee. Witnesses said students slipped and fell on the soaking cafeteria floors, the mess was that bad.


All appeared quiet as of 4:30 P.M.

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COST OF SHUTTING CITY DUMP MILLIONS HIGHER ACCORDING TO NYDEC. COUNCIL MEMBERS

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WPCNR DUMP NEWS. By John F. Bailey. June 4, 2012:


 


A spokesperson for the New  York State Department of Conservation confirmed to WPCNR this week  the cost of  sealing and closing the Tri Chloral Etylene-contaminated Gedney Landfill is going at least $2 million more beyond than the  $8 Million to $10 Million price  originally told the Common Council, which has yet to authorize financing for the entire clean-up.


 


Wendy Rosenback, spokesperson for the NYDEC told WPCNR that Martin Brand, Program Director of the Division of Materials Management for the DEC estimates the cleanup, scheduled to begin in July, will cost the city $10 to $12 Million.


 


WPCNR has been told by sources that the Common Council has been informed privately in a non-public meeting  within the last three weeks with the city Department of Public Works the cleanup could cost as much as $14 Million and a request to float more in bonds for the additional financing was met with dismay to say the least. Whether the figure is  as high as $14 Million has not been confirmed by any member of the Common Council, but the DEC today confirmed it is going to soar higher than the $8 to $10 Million the Department of Public Works originally estimated.


 


When WPCNR contacted Common Council members to see if the $14 Million figure had been related to them, Councilmen David Buchwald, Dennis Krolian, and John Martin all said the cleanup project was still in the bid process and they had not heard that price from the Department of Public Works.  Councilwoman Beth Smayda said she did not recall a meeting on that topic and Councilwoman Milagros Lecuona wrote  WPCNR she was not at any such meeting. Councilman Benjamin Boykin did not respond.


 


WPCNR called Joseph Nicoletti, Commissioner of Public Works and left a message  and asked him if the DEC’s Brand was correct, and if the $14 Million figure had been disclosed to the Council or was closer to $12 Million. Mr. Nicoletti so far has not responded.


 


The  DEC and the City Department of Public Works have been formulating a plan for remediation, sealing and closure of the dump since 2005 when the DEC informed the city it has to deal with the TCE-contamination that had been seeping into the Mamaroneck River estuary flowing through the dump. The city had previously ignored the TCE-contamination since 1976, which was left over from when a dry cleaning establishment was located adjacent to the dump. As part of the process he city has also been directed by the DEC to resod the Our Lady of Sorrows Softball Field adjacent the dump


 

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Susan Habel, Commissioner of Planning Announces Her Retirement.

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WPCNR CITY HALL CIRCUIT. JUNE 7, 2012:


The White Plains Commissioner of Planning for  the last ten years  will retire effective August 8, the Journal News reported today.



Commissioner of Planning Susan Habel. speaking Monday evening at the Common Council meeting. No announcement of her impending retirement was made at the meeting by the Mayor or city officials. She will retire in August.


Habel has been with the city since 1985 when she joined the Planning Department, and was appointed Commissioner in 2002 under the Joseph Delfino administration, replacing Michael Graessle. Habel crafted the zoning that transformed the city downtown from 2003 to 2008 in what was known as the “White Plains Renaissance.”


Mayor Thomas Roach gave this quote to the Journal News on Habel’s legacy:


“Sue has been an invaluable resource to the city of White Plains and to me personally. Her dedication is apparent. She literally lived her job. She leaves behind a legacy of strong work and a city changed for the better.”

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Why Did the Geese Cross the Road?

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TO RENT VACANT OFFICE SPACE, OF COURSE!


WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR ROVING PHOTOGRAPHER. June 6, 2012:


Our Roving Photographer captured this tour of a inquiring family of Canadian Geese this afternoon crossing busy Mamaroneck Avenue.



Johnathan Denet, A Good Samaritan, and owner of Westchester Gutter Supply (914-552-8134)stopped his van (left), exited his vehicle and halted traffic to aid the inquiring visitors, at his own risk.



JONATHAN DENET, WHAT A GUY!


Mr. Denet said he saw several cars whiz by, honking at the geese and had to do something. “I’ve always been an animal lover and I didn’t want to see them hurt.”


Mr. Denet’s brother is a White Plains Police Officer.


WPCNR is pursuing an inquiry at City Hall to see whether the city is going to install geese crossing lanes at key intersections.

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POLICELAND : FLEET & EQUIPMENT DEMO DAY TURNS PLAYLAND INTO A VERY SAFE PLACE

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WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR ROVING PHOTOGRAPHER. JUNE 6, 2012: 


Playland hosted the ninth annual  Fleet and Equipment Day Tuesday, and hundreds of police officers, law enforcement managers came on down to watch state-of-the-art police cars, hazardous devices robots,  surveillance equipment and land-sea-rescue units were demonstrated.



 



 


Officers could also get to try out  the very hot police cruisers on the Playland obstacle course. The squeal of peel-outs and short-stops, tight turns and prowess of the officers at the wheel was better than “Law and Order.


Westchester County Educational  Safety Training sponsored the Trade Show all morning long.

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68 Years Ago Today They Hit Omaha Beach

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WPCNR MILESTONES. June 6, 2012:





Sixty-eight years ago this morning, thousands of troops stormed the beaches in Normandy, France in the largest invasion in history.


 


 The bloody assault against a heavily defended coastline, requiring incredible courage and sacrifice by allied troops, landing craft, paratroops, signalled the beginning of the end of the Third Reich and the regime of Adolf Hitler’s Nazi Germany.

The quiet beaches of Normandy today. The hundreds of rows of white crosses in cemetaries around the little town bear silent eternal vigil to the sacrifice of those brave men and women who fought, died, and triumphed this day 68 years ago today.



We can in no way, or through any motion picture know what any veteran experienced. The veterans who still are with us do not like to talk about their combat experiences. And they do not.


One veteran of D-Day, asked what he thought of Saving Private Ryan and the realism of it, said the real D-Day was worse. However, veterans we have interviewed remark that they think of their combat experience every day. It is always with them.

It is inconceivable to me that I could ever be able to do what these men and women did. I would like to hope I could. However, the veterans have.


They left ordinary lives as office workers, factory workers, farmers, accountants, and what have you and were able to go to war and “rise to the occasion,” or as they say today, “step it up to the next level.” The highest level.


Few of them are left now. But today their sacrifice should be remembered.



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Madoff Employee Pleads Guilty to Tax Fraud, False Statements

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. June 6, 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); Victor W. Lessoff, the Acting Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation Division (IRS- CID); Robert L. Panella Special Agent in Charge for the New York Regional Office of the U.S. Department of Labor’s Office of Inspector General, Office of Labor Racketeering and Fraud Investigations (DOL-OIG); and Jonathan Kay, the Director for the New York Regional Office of the U.S. Department of Labor, Employee Benefits Security Administration (DOL-EBSA), announced that


Craig Kugel, a former employee of Bernard L. Madoff Investment Securities LLC (BLMIS), pled guilty today to a five-count superseding information charging him with one count of conspiracy, as well as substantive counts of making false statements in relation to documents required by the Employee Retirement Income Security Act (ERISA) and subscribing to false U.S. individual income tax returns.


Kugel pled guilty in Manhattan federal court before United States District Judge Laura Taylor Swain. In addition to his guilty plea, Kugel has also agreed to cooperate with the government in its ongoing investigation of the fraud that occurred at BLMIS.










According to the superseding information to which Kugel pled and other court filings:


Kugel was employed at BLMIS and Primex Trading N.A. LLC (“Primex”), its affiliated entity, from 2001 through December 11, 2008. Kugel’s responsibilities included budget forecasting for BLMIS’s Market Making and Proprietary Trading operations, overseeing the company’s health care plan, and reviewing and maintaining its internal employee records and related documents.


Kugel was aware that there were individuals on BLMIS’s payroll who did not work for the firm but who nevertheless received salaries and benefits, and he created and maintained false BLMIS employee records on their behalf. Specifically, Kugel was responsible for submitting an Annual Return (“Form 5500”) concerning BLMIS’s employee benefit plan to the United States Department of Labor (DOL). Form 5500 required Kugel to identify accurately the number of employees at the firm, but instead, he included a number of employees who, in fact, did not work there.


During his tenure at BLMIS, Kugel also charged more than $200,000 in personal expenses, including luxury clothes, jewelry, and vacations for himself and his family, to a corporate American Express card but did not report it as income on his tax returns.


***


Kugel, 38, faces a statutory maximum sentence of 19 years in prison. The breakdown of the maximum sentences for each of the charged offenses is set forth in the attached chart. Kugel is also subject to mandatory restitution and criminal forfeiture and faces criminal fines up to twice the gross gain or loss derived from the offense. Pursuant to the cooperation agreement entered into with the government, Kugel will forfeit at least $2.3 million. This forfeiture will be used to compensate victims of the fraud, consistent with applicable Department of Justice regulations.


Judge Swain set a sentencing date for Kugel of December 13, 2012 at 2:00 p.m.


Mr. Bharara praised the investigative work of the FBI, the IRS, and the DOL. He also thanked the Justice Department’s Labor-Management Racketeering Unit of the Organized Crime and Gang Section of the Criminal Division and the U.S. Securities and Exchange Commission.


These cases were brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force, on which Mr. Bharara serves as a Co-Chair of the Securities and Commodities Fraud Working Group. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and, with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.


The case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant United States Attorneys Lisa A. Baroni, Julian J. Moore, Arlo Devlin-Brown, Barbara A. Ward, and Matthew L. Schwartz are in charge of the prosecution.



























Count Charge Maximum Penalties
One Conspiracy to (1) obstruct or impede the lawful government functions of the Internal Revenue Service and to (2) falsify statements in relation to documents required by ERISA Five years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; restitution; and criminal forfeiture.
Two Making False Statements in Relation to Documents Required by ERISA Five years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.
Three Subscribing to a false U.S. individual income tax return Three years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.
Four Subscribing to a false U.S. individual income tax return Three years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.
Five Subscribing to a false U.S. individual income tax return Three years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.

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