Safety Board Issues Preliminary Report on Armonk Air Crash That Killed Four

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WPCNR AIR NEWS. From the National Transportation Safety Board. June 23, 2011: 


The National Transportation Safety Board issued its Preliminary Report, a summary of facts the NTSB was able to gather from on-site investigation of the Armonk air crash that killed four persons last Saturday. It contains an observation by a witness to the airplane takeoff sequence.


The report says:


“After take-off from runway 34 at HPN (White Plains), the pilot reported to air traffic control (ATC) that he needed to return to the airport and requested runway 16. ATC then asked the pilot to switch to tower frequency, and the pilot responded that he could not switch to tower. This was the last recognizable communication from the pilot. An initial review of the recorded radar data indicated that the airplane reached a maximum altitude of 1,400 feet mean sea level, or about 1,000 feet above ground level after takeoff.


“A locally-based pilot reported that he observed the accident pilot perform about eight engine run-ups at the end of the runway prior to departure. He stated that it sounded like the pilot was trying to clean the spark plugs or he was having trouble with the magnetos firing properly. During the first few run-ups, the engine made a “chugga-chugga” sound, and then smoothed out during the final two or three run-ups prior to departure. He did not observe the accident and no eyewitnesses have been located.


The wreckage was located in a wooded area (behind 113 King Street), about one mile north-northeast of the approach end of Runway 16.The wreckage path was oriented on a heading of about 155 degrees and was about 350 feet in length. The cockpit and cabin sections were (found) inverted (after the crash) and consumed by the post-crash fire. The land gear and flaps were found in the retracted position. The propeller remained attached to the engine, and the engine sustained minor damage from impact and heat. Flight continuity was established from the control surfaces to the cockpit controls.”


The NTSB Preliminary Report cautions, “This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.”


 

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Governor Cuomo Uses Layoff Threat to Bring CSEA to Heel — No Raises 4 3 YRS

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WPCNR ALBANY ROUNDS. From the Governor’s Press Office. (Edited) June 23, 2011:


Governor Andrew M. Cuomo today announced  Wednesday afternoon his administration has reached a five-year labor agreement with the Civil Service Employees Association (CSEA). CSEA represents 66,000 New York State employees and is one of the largest public employee unions in the state. Upon ratification, this agreement would provide CSEA protection from broad layoffs.


However, CSEA-ers will receive their automatic longevity raises and “performance advances” the first three years of the contract.


The CSEA also agreed members would raise their contribution to Health Care costs: Under the agreement, for example, the state will pay 69 percent of family coverage for a Grade 10 employee and above, and the employee will pay 31 percent. The prior split was 75 percent state/25 percent employee. For individual coverage, a Grade 10 employee and above will pay 16 percent and the state share will be 84 percent. The prior split was 10 percent employee/90 percent state).


 


The agreement includes a freeze on base wages for 3 years and a redesign of the employee health care contribution and benefit system, saving $73 million this fiscal year and $93 million next fiscal year.


If adopted by the state’s other collective bargaining units, the agreement will reduce workforce costs by $1.63 billion over the course of the agreement, including $1.27 billion of savings in healthcare costs, and would achieve sufficient savings to avoid the need for broad layoffs arising from the gap in the state operations budget. Overall, the five-year agreement if adopted statewide would be $3.8 billion less expensive to the state than the previous four-year agreement reached in 2007.


“I applaud CSEA’s leadership for their hard work to reach this deal which is a win-win for CSEA members and the State of New York,” Governor Cuomo said.


“This tentative contract, if adopted by the other bargaining units, means layoffs needed to achieve needed workforce savings would be avoided. CSEA members are the backbone of state government, responsible for delivering services to 19 million New Yorkers. I commend the union and its leadership for making a significant contribution to help get the state’s fiscal house in order and making the shared sacrifices these difficult times require. Working together, we will turn this state around and get our economy moving once again.”


CSEA President Danny Donohue said “These are not ordinary times and CSEA and the Cuomo Administration have worked very hard at the bargaining table to produce an agreement that balances shared sacrifice with fairness and respect. CSEA stepped up to help produce the Labor savings that Governor Cuomo sought while the Governor responded to CSEA’s concerns about job security along with a wage and benefit package that recognizes the pressures on working people. I have known Governor Cuomo for many years and I know that his commitment to organized labor and working families is deeply held and second to no one.”


Base Wages: Under the five year agreement, there will be no general salary increase in Fiscal Year 2011-12; 2012-13; 2013-14. Employees will receive a 2 percent increase in 2014-15 and 2015-16.















 2011-12  2012-13  2013-14 2014- 15  2015-16
 0%  0% 0%   2%  2%



Savings: The 2011 wage agreement is $2.5 billion less costly to the state than the 2007 agreement, if adopted through the state workforce.


Health Care System Redesign: The agreement includes a series of reforms in the employee health care system which saves $61 million annually in the CSEA contract and $263 million over the contract term. If adopted by all bargaining units, these reforms would save $1.27 billion. The components of the health system redesign are:


Health Care Contributions: The agreement includes substantial changes to employee health care contributions bringing public employee benefits more in line with the private sector. The contribution for health care benefits have not changed in 30 years, while the cost of the state’s health care program has increased 100 percent in the past decade. The agreement reflects a two percent increase in contributions for Grade 9 employees and below, and a six percent increase for Grade 10 employees and above. (Under the agreement, for example, the state will pay 69 percent of family coverage for a Grade 10 employee and above, and the employee will pay 31 percent. The prior split was 75 percent state/25 percent employee. For individual coverage, a Grade 10 employee and above will pay 16 percent and the state share will be 84 percent. The prior split was 10 percent employee/90 percent state).


Savings: The CSEA agreement results in $30 million in annual savings from this provision, and $141.7 million over the contract term. If adopted for the entire workforce, this change will save $165 million per year, and $764 million over the term of the contract.


Health Care Opt Out: For the first time, the state is offering an opt-out option. Health care premiums cost $16,600 for family coverage and $7300 for individual coverage. Employees electing to opt out of the health insurance program must provide proof of alternative coverage and will receive $1000 or $3000 for the cessation of individual or family coverage, respectively. This will save the state thousands of dollars for each employee who opts out.


Savings: The opt-out will save $7.3 million annually and $31 million over the contract term for CSEA alone. The opt-out achieves $21.6 million in annual savings, and $91.8 million over the five year term if adopted statewide.


Health Benefit Redesign: The health benefit plan system of co-pays, deductibles, and programs has been redesigned to encourage healthy choices and control costs of pharmaceutical products. For example, for the first time the plan will cover the use of nurse practitioners and “minute clinics” and encourage employees to use these services when appropriate instead of hospital emergency rooms.


Savings: The CSEA savings for this provision are $22.3 million annually and $95.7 million over the contract term. If adopted by all bargaining units, these changes generate $85.5 million annually when adopted statewide, and $361.4 million over the term of the contract.


Deficit Reduction Leave: Under the agreement, employees will take a five day unpaid deficit reduction leave during fiscal year 2011-12 and four days unpaid leave during fiscal year 2012-13. The value of the days taken not worked will be deducted from employee pay over the remaining pay periods equally during the fiscal year in which they are taken. Employees will be repaid the value of the 4 days from 2012-13 in equal installments starting at the end of the contract term.


Savings: The furloughs will yield $360 million in savings if adopted by all bargaining units.


Performance advances, longevity and retention payments: Performance advances and longevity payments will continue to be in effect. Current employees who remain active through 2013 will earn a onetime retention payment of $775 in 2013 and $225 in 2014 in recognition of working without a wage increase for three years.


Patient Abuse Reforms: Both CSEA and the State agree that the system in place for investigating allegations of abuse of patients at state facilities does not adequately protect our most vulnerable population in state care. While CSEA employees are dedicated caretakers, allegations of abuse must be dealt with thoroughly. Under the agreement, the State and CSEA will take a number of steps to improve the quality of care, including creating a completely new Select Panel on Patient Abuse with A-list arbitrators and creating a table of penalties for increasingly severe acts of misconduct, along with a number of other reforms.


Review of Temporary Employees: The State and CSEA will form a joint committee to review the use of temporary employees and contractors and make recommendations to the Division of Budget and Department of Civil Service.


Layoff Protection: CSEA employees will receive broad layoff protection for fiscal year 2011-12 and 2012-13 arising from the $450 million budget gap. Workforce reductions due to management decisions to close or restructure facilities authorized by legislation, SAGE recommendations or material or unanticipated changes in the State’s fiscal circumstances are not covered by this limitation.


The tentative agreement must be ratified by CSEA rank and file members.


Negotiations for the State were led by a special team appointed by the Governor comprising Todd R. Snyder, Senior Managing Director of Rothschild Inc. and Co-Head of Rothschild’s Restructuring and Reorganization group; and Joseph M. Bress, former head of the Governor’s Office of Employee Relations and former Vice President of Labor Relations at Amtrak, under the direction of Howard Glaser, Director of State Operations.

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ASTORINO 2 CUOMO: GIVE US NEW TZB. Planners Guilty of Governmental Malpractice

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Department of Communications (Edited) June 23, 2011:


 


County Executive Robert Astorino called on Governor Andrew Cuomo Wednesday to make rebuilding the Tappan Zee Bridge a top priority of the state. He accused the state planners of “governmental malpractice” for spending $83 Million in studies on the bridge so far. Construction on the bridge was originally planned to begin in 2012, six months away and a source of financing has not been announced.


            “The time has come to invest real political capital in getting the replacement bridge built,” said Astorino. “We can’t wait forever for a perfect solution.”


 


“It is time for the planners and engineers to put their pencils down. To spend $83 million on thousands of pages of studies with no end in sight is governmental malpractice. It is time to finish the planning for the bridge that we are actually going to build and move onto construction. Failure to do so will mean more money wasted on studies and higher costs for any project — not to mention severe economic problems if the TZB has to be shut down. It must be the governor who leads the effort.”


 


 


            In a major speech delivered at the Manhattan Institute’s Forum on Replacing the Tappan Zee Bridge,  Astorino said that years of study and planning are doomed to failure – not because the bridge could cost $9 billion or more, but because there has been insufficient leadership from the state on this issue to overcome political, legal and environmental obstacles.   

             This leadership, he said, must come from the governor “because he, more than anyone else, controls the levers and resources of government to get the job done.”


             “My pledge to Governor Cuomo is that I am ready to stand with him,” Astorino said. “I am willing to invest whatever political capital I can bring to getting a new bridge built. But we must make the rebuilding a priority. Otherwise, the future will be filled with nothing but more expensive studies, more traffic congestion, more bureaucratic delays and more growing safety concerns.”




            The three-mile long Tappan Zee Bridge, connecting Westchester and Rockland counties, was built 55 years ago.


A Draft Environmental Impact Statement (DEIS) is expected to be released this fall by the three state agencies jointly conducting the Tappan Zee Bridge/I-287 Corridor Project. This draft will present an analysis of potential impacts of replacing the bridge with a new 8-lane crossing that will also have separate lanes for bus rapid transit, lanes for pedestrians and bicyclists as well as the capacity to add commuter rail.           



            In his address, Astorino said that irrespective of  whether that  plan is perfect or less than perfect, it is time for the planners and engineers to put away their pencils and for those in charge to make the bridge happen.


             “Government exists to provide essential services that we as ordinary citizens can’t provide for ourselves,” Astorino said. “Roads, bridges and transit are on the top of any list of those essential services. So what does it say about our government if it can’t build a bridge that everyone agrees is essential?  It says government is failing to meet its obligations to its people.”


            Astorino offered what he called his “alphanumeric blueprint”  for what it will take to get the Tappan Zee Bridge shovel R E A D Y.


o       R is for reality. “The first rule is that we must have a plan that is practical enough to actually get the bridge built. Commuter rail trains over the Tappan Zee would be great to have. But how realistic is it to add $6 billion to a $9 billion project, when we don’t have the first $9 billion?”


o       E is for education.  “Once we come up with a realistic plan, we need to educate the public about it. …It   is an absolute certainty that large portions of the public will hate whatever is proposed…You can hear the howls already: Too big, too small, too expensive, too slow, too dangerous for the environment.” Astorino said this campaign has to start even before the bridge plan is finalized so that the public understands that the bridge is essential to the economic well-being of the region.


o       A is for action. “It is time for the planners and engineers to put their pencils down…  To spend $83 million on thousands of pages of studies with no end in sight is governmental malpractice,” he said. “It is time to finish the planning for the bridge that we are actually going to build and move onto construction. Failure to do so will mean more money wasted on studies and higher costs for any project – not to mention severe economic problems if the TZB has to be shut down.” It must be the governor who leads the effort, Astorino said.


o       D is for dollars. “My sense is that the money to pay for the bridge, which though substantial by any calculation, is actually a secondary hurdle when compared to mustering the political will to build the bridge. If we can develop a clear and cogent business case that the money will be spent wisely and accounted for precisely and that the end product will produce tangible benefits for our citizens, then I believe financing will fall into place,” Astorino said.


o       Y is  for yes. “We need to say yes to the bridge,” he said, “Once we commit to a future course, we must stay on it.”

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White Plains High 4th Smartest in Nation. 1st In Region. Whips Chappaqua on MSG

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WPCNR SCHOOL DAYS. From Michele Schoenfeld.(EDITED) June 23, 2011:


The White Plains High School A-Team finished as one of the top four teams in the nation at the National Academic Competition in Chicago last week, won First Place in the Hudson Valley Region.



THE “A-TEAM:


Adam Jaffe, Aneesh Bhattacharya, Alec Johnsson, C.J.  Papa, MSGVarsity, Ms. Diana Knight (Principal), Les Roby (Advisor), Eric Smiley, Jens Sannerud, Mr. David Cabrera (Assistant Principal)  (L TO R)


The White Plains High School Academic A Team earlier had won the Westchester Hudson Valley Regional (Academic) Tournament and the Tri-State Competition on MSGVarsity this week, in its best season ever.Photo, Courtesy, White Plains Schools


 


The team of Aneesh Bhattacharya, Adam Jaffe, Jens Sannerud, Eric Smiley and Alex Johnsson, the only senior, defeated Horace Greeley in the semifinals and Briarcliff in the finals of the Regional, and won the Tri-State competition against seven other teams from New York, New Jersey and Connecticut.


 


The team went to Chicago for the NAC Nationals, and all three teams – A, B and JV – made the playoffs and won their first matches.  


 


The JV placed second in the Chicago phase of the tournament, and B team member Hannah Fine won the audition for “Who Wants to be a Game Show Host,” and will return to  the Nationals next year as a moderator.  Other B Team members are Avi Bronstein, Tom Liu and Ben VanDoren.  The JV Team members are Amy Brown, Matthias Fried, You Kim, Sam Ragusa and Andrew Smiley.  Teacher Les Roby is Advisor.


 


The White Plains Academic Team began play in 1990 and has been in five semifinals in the  last eight years.  In 1990 the team placed second in the nation.


 


 

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Free HIV Testing Monday

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WPCNR ER. From the Westchester County Department of Health. June 21, 2011:


 


A new state regulation now requires that people ages  13 to 64, and other ages as indicated, be offered voluntary HIV testing as a routine part of health care at hospitals and in primary care settings.


 Westchester has the most people living with HIV and AIDS of any other county in New York State, other than New York City,  In addition, 40% of individuals in Westchester are diagnosed with AIDS within one year of learning of their HIV status, meaning that they likely had been infected with HIV years earlier without knowing.


In observance of National HIV Testing Day on June 27th, the Westchester County Department of Health in collaboration with the Westchester Knows Task Force and Project WAVE agencies will offer free Rapid HIV testing at the following locations:


Free Rapid HIV tests


·         Friday, June 24


New Rochelle: The Guidance Center, 20 Sickles Ave., 8:30 a.m. to 3 p.m., Sponsor: Mount Vernon Hospital


Yonkers: Yonkers Health Fair, Lincoln Park, Sunset Drive, 11 a.m. to 7 p.m. Sponsor: The Sharing Community


·         Sunday, June 26


Valhalla: African-American Festival, Kensico Dam Plaza, 12 p.m. to 7 p.m.


·         Monday, June 27


Mount Vernon: The Mosaic Center, 137 S. Fourth Ave., 10 a.m. to 3 p.m.


Mount Vernon: Planned Parenthood Hudson Peconic, 6 Gramatan Ave., 4th floor, 9 a.m. to 8 p.m.


New Rochelle: Planned Parenthood Hudson Peconic, 247-249 North Ave., 9 a.m. to 8 p.m.


White Plains: Planned Parenthood Hudson Peconic, 175 Tarrytown Road, 9 a.m. to 6 p.m.


Yonkers: Planned Parenthood SmartWheels van (corner of Yonkers & Midland Avenues), 8:30 a.m. to 11:30 a.m.


Yonkers: Planned Parenthood Hudson Peconic, 20 S. Broadway, 11th floor, 9 a.m. to 6 p.m.


Yonkers: Westchester County Health Department Clinic*, 20 S. Broadway, 2nd floor, 1 p.m. to 3 p.m.·        


 


Tuesday, June 28


White Plains: Westchester County Dept. of Health Clinic*, 134 Court St., 8:30 a.m. to 9: 30 a.m.; 1 p.m. to 3 p.m.


·         Wednesday, June 29


White Plains: Westchester County Dept. of Health Clinic*, 134 Court St., 1 p.m. to 6 p.m.


·         Thursday, June 30


Mount Vernon: Mount Vernon Doles Center, 250 S. Sixth Ave., 1 p.m. to 6 p.m., Sponsor: Urban League of Westchester County Mount Vernon Task Force on AIDS, HIV tests provided by Planned Parenthood Hudson Peconic.


·         Friday, July 1


Yonkers: Westchester County Dept. of Health Clinic*, 20 S. Broadway, 2nd Floor, 8 a.m. to 9:30 a.m.


 


*Westchester County Department of Health provides free, confidential HIV tests routinely through its STD clinics. For more information, go to https://health.westchestergov.com and visit our clinic schedule page.


 

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Children’s Museum Vote Put Off. Contents of Museum Not Detailed. Deal Hazey.

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WPCNR COUNTY CLARION-LEDGER. By John F. Bailey. June 21, 2011 ( UPDATED from earlier edition of The Clacker):


 


At the Monday evening County Board of Legislators meeting, the public hearing to consider whether the county should lease (for $1 A Year) a portion of the Playland bathhouses to the Westchester Children’s Museum Group was closed after an hour of speakers with no vote taken. 


 


The Children’s Museum must open within TWO years of approval of the lease date, and it promises to pay $6,441,300 to the county for “interior improvements” in return for the $1 a year, 10-year lease. To date the county has utilized $6,898,857 towards the project. The museum does not share any revenues according to the lease and the leases gives them the use of both the North and South Bathhouses.


 


WPCNR’s attempts to reach Bill Ryan, the White Plains representative who heads the Board of Legislators Public Works, Parks, Labor and Transportation Committee have been unable to connect with Chair Ryan to discuss the details of the contract.


 



 


North Bathhouse at Playland last week showing reconstruction by county to date that has totaled  $6.8Million


 



 


South Bathhouse last week.


 


Peter Tartaglia, Westchester County Deputy Commissioner of Recreation and Parks told WPCNR Monday the Playland Pool, situated atop the bathhouses, will not be affected this year by the Children’s Museum.


 


He could not say if the pool would continue to operate in 2012, pointing out the pool was scheduled to be closed in 2011 until the county decided to re-fund it as part of the 2011 budget.


 


Tartaglia, asked status of construction said there is no work being done presently because the bond company is selecting a new contractor to complete the exterior renovation work. WPCNR observed construction on the interior has also been undertaken, possibly related to the exterior.


 


County Executive spokesperson, Edwin McCormack, was quoted today by The Journal News as stating the administration is reluctant to make a decision in favor of the Children’s Museum until “the long-term viability” of Playland is decided.


 


A video on the Children’s Museum website gives a general description of the museum as what WPCNR would say would be a series of whimsical experiences for children in which daily life skills are turned into play. The viewer is left to interpret what they actually mean to build. The video may be seen at http://www.discoverwcm.org/visit.cfm?navid=9


 


 


 

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PONZI SCHEME MASTERMIND GETS 20 YEARS

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. June 20,2011:


Philip Barry, a former investment manager who was based in Bay Ridge, New York, was sentenced today to 20 years of imprisonment by United States District Judge Raymond J. Dearie at the federal courthouse in Brooklyn.


In November 2010, Barry was convicted after trial on all counts of a 34-count indictment charging securities fraud and mail fraud for operating a longstanding and large-scale Ponzi scheme. As part of the sentencing, Judge Dearie ordered Barry to pay restitution of $24,146,540.


The sentencing was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York.


Barry began accepting money in the late 1970s from individuals seeking a return on investment, and he eventually called his business “the Leverage Group.” Barry told potential investors that the Leverage Group invested in stock options. To induce investments and discourage withdrawals, Barry, among other things, guaranteed specified positive rates of return,issued account statements that showed growing account balances, represented that investing in the Leverage Group was safe, and promised that withdrawals could be made easily.


The evidence at trial established that Barry actually was running a Ponzi scheme, paying returns to Leverage Group investors not from any profits earned on investments, but rather from existing investors’ deposits or money paid by new investors. Barry never produced or earned the rates of return that he advertised and cited in clients’ account statements. Rather, the positive rates of return were simply pre-determined interest rates made up by Barry.


In announcing the sentencing, United States Attorney Lynch expressed her grateful appreciation to the Federal Bureau of Investigation, the agency responsible for leading the government’s investigation, and thanked United States Securities & Exchange Commission for its assistance.


The government’s case was prosecuted by Assistant United States Attorneys Jeffrey A.Goldberg and John P. Nowak.

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FBI CHARGES QUEENS MAN OF ORCHESTRATING $10M IN BOGUS LOANS W/8 BIGTIME BANKS

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WPCNR FBI WIRE. From the Federal Bureau of Investigation. June 20,2011:


PREET BHARARA, the United States Attorney for the Southern District of New York, announced the filing of additional charges Friday against CHRISTOPHER CAVOUNIS, 30, of Fresh Meadows, New York, for organizing, managing and supervising a continuing financial crimes enterprise which orchestrated schemes to defraud several banks of at least $10 million by obtaining commercial loans and lines of credit using false and fraudulent documents.


The Superseding Indictment filed Thursday also charges JAGDESH COOMA, 27, of Fresh Meadows, New York, and THOMAS NUCCIO, 31, of Promfret, Connecticut, with participating in a bank fraud conspiracy and committing bank fraud.


As part of the scheme, CAVOUNIS, COOMA, and NUCCIO allegedly submitted applications for loans in the names of shell companies with no assets, and with straw owners, using fraudulent documents created to trick the banks into believing those entities were real. CAVOUNIS also paid bribes totaling over $135,000 to an employee of Citibank to obtain $2.45 million worth of loans.




According to the Superseding Indictment, which was unsealed Friday, and the Complaint previously filed in Manhattan federal court:


From at least 2009 to November 2010, CAVOUNIS, COOMA, NUCCIO and others allegedly obtained, through fraud, a total of at least 16 commercial loans and/or lines of credit, receiving at least $10 million, from eight different lenders—Capital One Bank, N.A.; Citibank, N.A. (“Citibank“); First Republic Bank; Herald National Bank; New York Commercial Bank; Signature Bank; Sovereign Bank; and TD Bank, N.A. (collectively, the “Lenders”). All of these loans are presently in default.


To trick the Lenders into providing the loans, CAVOUNIS, COOMA, and NUCCIO engaged in an elaborate scheme in which they prepared and then submitted applications and supporting documentation for commercial loans that contained false and misleading information on behalf of empty shell companies with no existing business or assets.


As part of the alleged scheme, CAVOUNIS and COOMA recruited straw borrowers who provided personal identifying information to the defendants in exchange for future payment. With the information in hand, the defendants represented these individuals to be the owners or executives of various companies in applications for loans from the Lenders.


In addition, CAVOUNIS and COOMA provided the Lenders with fraudulent documentation in support of those applications, which they had created, and which purported to accurately reflect the personal and financial information of each straw owner, and/or corresponding company.


This documentation included falsified tax returns, identification documents, and bank or other financial statements. Unbeknownst to the Lenders, however, the straw borrowers were in no way affiliated with those companies, which were themselves complete shams with neither existing businesses nor actual earnings and income. CAVOUNIS, in connection with certain applications, also assumed the identity of another individual himself and provided financial institutions with a fraudulent driver’s license in the name of that individual.


Furthermore, to help obtain the loans, over the course of an approximately four month period in 2010, CAVOUNIS paid a Citibank employee in excess of $135,000 in bribes to secure approval for several lines of credit, in the total approximate amount of $2.45 million, which were issued to empty shell companies he controlled.


When one of the banks froze a line of credit obtained through the scheme, CAVOUNIS allegedly resorted to threats in an attempt to obtain the loan. For example, in October 2010, after Citibank approved a $450,000 line of credit but subsequently froze funding when CAVOUNIS attempted to withdraw that entire amount within mere days of approval, he threatened two Citibank bankers with physical violence unless the loan proceeds were made immediately available to him.


* * *


CAVOUNIS was charged with organizing, managing and supervising a continuing financial crimes enterprise which carries a mandatory minimum sentence of 10 years in prison. He also was charged with bank bribery, which carries a maximum sentence of 30 years in prison. CAVOUNIS and COOMA are also each charged with one count of conspiracy to commit bank fraud, five substantive counts of bank fraud, and one count of aggravated identity theft.


The conspiracy and bank fraud charges each carry a maximum sentence of 30 years in prison. The aggravated identity theft charge carries a mandatory minimum sentence of two years in prison which must run consecutively to any other sentence imposed. NUCCIO was charged with one count of conspiracy to commit bank fraud and one substantive count of bank fraud.


CAVOUNIS and COOMA were previously charged in a Complaint and an Indictment, and were arrested on November 26, 2010. NUCCIO was arrested this morning in Promfret, Connecticut, and was arraigned in Manhattan Federal Court before U.S. District Judge ROBERT PATTERSON.


Mr. BHARARA praised the work of the Federal Bureau of Investigation and the Internal Revenue Service.


This case is being prosecuted by the Office’s Complex Frauds Unit. Assistant U.S. Attorneys ZACHARY FEINGOLD and CHRISTOPHER D. FREY are in charge of the prosecution.


The charges contained in the Superseding Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

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FAA: 4 Die in Westchester Airport Crash. Investigation Under Way

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WPCNR AIR NEWS. Special to WPCNR by Peter Katz. Originally published Saturday evening exclusively on WPCNR.June 19, 2011:

 

WPCNR was advised by the Federal Aviation Administration Saturday night that it has been confirmed there were four occupants of the single-engine Cessna 210 airplane which crashed while was trying to make an emergency return to Westchester County Airport on Saturday afternoon, and that all four people were killed in the crash.

 

As of late Saturday night, the FAA said it did not have confirmed identification of the pilot or passengers. A post crash fire followed impact. As of Monday morning there is no new information available as to cause.

 



 

The airplane went down in woods behind an MBIA office building at 113 New King Street in Armonk (BLUE ARROW IN CENTER OF SATELLITE PHOTO). According to the FAA, the airplane departed Westchester County Airport with a destination of Montauk Airport on Long Island.

Shortly after becoming airborne, the pilot radioed that there was a problem and they needed to return to the airport. The airplane was making an approach to runway 16 at the airport when it crashed.


Late Saturday, WPCNR was told by a source at the National Transportation Safety Board that reports by some media

(not WPCNR) that there was a fourth person on board, who survived, appeared to be incorrect.

 


Satelite view of 113 King Street (MBIA Headquarters). Crash occurred in woods to left (West) of the building complex. Route 120 King Street is the road immediately to the East of the green arrow. I-684 is the roadway to the East.




Returning to an airport by turning and flying back to the runway in the opposite direction after takeoff, and before excess altitude has been attained, can be a difficult maneuver.

 

Pilots often are advised the safest thing to do is to land straight ahead in event of a power loss during initial climb after takeoff. It’s not yet known if this scenario reflects what happened in Saturday’s accident.

 

The Cessna 210 normally can carry up to 6 people. The airplane was equipped with a Continental Motors engine. It is expected that the aircraft manufacturer, Cessna, and the engine manufacturer will be parties to the NTSB’s investigation.

 

An investigator from the NTSB’s Atlanta Office was en route to Westchester Saturday evening to take charge of the investigation. Ralph Hicks was expected to meet with FAA investigators and local officials and would likely hold a news briefing on Sunday.

 

Tapes of radio communications between the pilot and air traffic control have been preserved, and the NTSB was expected to  transcribe pertinent sections of contacts between the pilot, Westchester Tower, and  any other New York controllers.



WPCNR learned that the airplane was registered to Wein-Air Aviation Ltd., which is located in Wilmington, Delaware. Corporations based in Delaware are sometimes used for aircraft ownership because, in some circumstances, they provide financial benefits and/or legal protections which could not be otherwise obtained. The airplane was built in 1980. It was registered to the current owner in June of 2008. The airplane was based at Panorama Flight Service at Westchester County Airport, a general aviation facility located across the field from the main passenger terminal.



As part of the investigation, the NTSB is expected to interview controllers working at the Westchester control tower who had handled the accident airplane and, reportedly, could see the fire from their position overlooking the airport and surrounding terrain. The Safety Board expects that it likely will take up to a year to finalize the investigation and adopt the probable cause of the accident. However, a preliminary report should be prepared in a few days. This report will not offer any conclusions.

 

(Editor’s Note: The Department of Environmental Protection has identified the deceased as Keith Weiner, Lisa Weiner, Isbel Weiner and Lucy Weiner from Manhattan.)

 

(Editor’s Note: Mr. Katz is publisher and editor of Aviation Monthly, and NTSB Reporter and holder of a private pilot’s license and avid flyer for forty years.)

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County Board: 2010 Was Better Year, $67 M Saved–Returned to Fund Balance

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WPCNR COUNTRY CLARION-LEDGER. From the Westchester County Board of Legislators. June 20, 2011:


The Westchester County Board of Legislators (BOL) announced today that a review of the Comprehensive Annual Financial Report (CAFR) for 2010 shows a $67.3 return to fund balance.


Tom Staudter, spokesperson for the Board of Legislators said the $67.3 Million in money not spent in 2010 consisted of the company’s receiving more revenues than expected from sales tax which was up 7%, savings in personnel “mostly through early retirements,” and cutting of expenses. He said instead of spending $1.8 Billion, they spent $1.74 Billion. He did not have the personnel savings in early retirement money figures readily available but said he would get them.


WPCNR notes that the State Department of Taxation and Finance reported the County generated $442 Million ($441,845,000) in sales taxes in 2010, when it had budgeted $432 Million, accounting for $10 Million of the surplus. The rest was made up, Staudter said of cost-cutting in departments and other revenues higher than expected.


 


In addition to this $67.3 million, the Health Insurance Fund of the County is showing an increase in Fund Balance of nearly $17.5 million dollars from 2009. The fund balance in this account was previously $12,180. This increase is comprised of an allocation of nearly $15 million in savings in county health insurance, along with Early Retirement Reinsurance Program (ERRP) reimbursements of approximately $2.5 million.


Also reported in the CAFR is an increase in fund balance of $3.7 million in the County’s Retirement Fund. The additional monies now available in these two funds will help the County to stabilize the impact of unforeseen increases in both health insurance costs or retirement expenses in future years.


“The news from the county auditors reflects the balanced budget created by the Spano Administration and adopted in 2009 by the Board of Legislators,” said BOL Chairman Ken Jenkins (D-Yonkers). “We have clearly been on the right path in terms of spending and being able to control costs while delivering important services to Westchester residents.”


If the County had chosen not to increase the fund balances (when it did in 2009, preparing the 2010 budget) in both the Health Insurance and Retirement Funds, the General Fund balance for 2011 would have increased by an additional $14.1 million.


“If you think of the surplus fund as a bank account, the 2010 budget necessitated the County to allocate $71.7 million to balance revenues against expenses,” said Legislator and Budget & Appropriations Committee Chairman José Alvarado (D-Yonkers). “The good news is we are only spending $4.4 million of that.”


In 2010, the County Executive reported that the county faced a “crushing” $166 million deficit for 2011. However, the BOL adopted a 2011 budget that cut the county tax levy by 2.2%.


“We’re continuing the sound fiscal policies that have resulted in this strong, fortuitous return of $67 million to our fund balance,” said Harckham. “Working together with the Administration, we will continue sound fiscal management of taxpayer resources.”


Asked if the County Board would continue to cut the budget in preparing the 2012 budget due in six months, Staudter said the Board is committed to continue to cut expenses and lower taxes.

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