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New York City’s Lucrative No-Bid Migrant Services Contract Is Rejected

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New York City’s Lucrative No-Bid Migrant Services Contract Is Rejected

A no-bid $432 million contract that New York City officials gave to a medical services provider to house and care for migrants has been rejected by the New York City comptroller’s office.

The comptroller, Brad Lander, cited a slew of defects with the contract awarded to the provider, DocGo, questioning why the administration of Mayor Eric Adams chose a firm to care for migrants that had no experience doing so. Mr. Lander noted that the city had failed to provide any “meaningful detail” regarding how it concluded that DocGo should be authorized to bill the city for hundreds of millions of dollars.

Mr. Lander said DocGo’s lack of expertise in providing a range of services, including social work, housing and busing migrants to motels far north and west of the city, reflected a lack of basic vetting by the agency, which hired the company under emergency procedures that waive typical competitive bidding requirements.

“It is a medical services company, not a logistics company, social services provider or legal service provider,” Mr. Lander wrote of DocGo in a denial letter that was made public on Wednesday. He also pointed to “alarming” news articles that “further detail the inflation of the company’s financial value, interference with law enforcement and workplace violations.”

The rejection will initially bar the city from paying DocGo for any work submitted as part of the contract, which is being handled by the city’s Department of Housing Preservation and Development.

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Mr. Lander said the city housing agency could withdraw the DocGo contract, resubmit a less expensive version of it or fix the flaws he highlighted and seek reapproval.

“We don’t do this lightly,” Mr. Lander said in an interview. “It’s the first emergency contract we’ve declined to approve out of 300 submitted to our office.”

Mayor Eric Adams has the power to override Mr. Lander and unilaterally approve the contract over the comptroller’s objections, and at an unrelated news conference on Wednesday, he suggested he would do so.

“We are going to move forward with it. You can’t change the rules in the middle of the game,” Mr. Adams said. “I think the comptroller probably saw an opportunity to just get in the conversation.”

The mayor said the city had the authority to enter emergency contracts, and contended that his office “got the approval” from the city comptroller.

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“Those who are not on the field should not be far removed and just critique everything. They’ve got to get in the game,” Mr. Adams said. “So, we’re going to continue to do emergency contracts.”

Mr. Lander, however, said that his office’s consent, which was provided in July, had applied only to the use of an emergency declaration, and that the DocGo contract still required his sign-off.

“It’s approval to use the emergency procurement method, not approval of the contract,” Mr. Lander said. “How could we approve since we didn’t have it?”

The company is already under investigation by the state attorney general, Letitia James, and the administration of Gov. Kathy Hochul launched a separate review that recently found that more than 50 security guards working for DocGo subcontractors lacked proper authorization.

In late July, The New York Times revealed the details of DocGo’s lucrative city contract, which came after the Adams administration used an emergency order to bypass a competitive bidding process. The Times reported on the company’s use of deceptive work and residency documents, threats made by security guards working under its supervision and complaints from migrants in DocGo’s care.

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DocGo officials defended the company’s work and qualifications, and said in a statement on Wednesday morning that the mayor’s office had assured them that the city “intends to fully pay DocGo for the services delivered under this contract, both historically and going forward.”

“We have been providing social work services for underserved populations here in N.Y.C. for over two years, and have been working with N.Y.C. to provide services for asylees since this crisis began a year ago,” the company said.

An updated disclosure filed with the Securities and Exchange Commission on Wednesday by DocGo officials included a letter from the Housing Preservation and Development commissioner, Adolfo Carrión Jr., indicating that his agency would “inform the comptroller that he is required to take the necessary steps” to ensure payment under the contract.

“There is no risk of nonpayment as a result of the comptroller’s letter and statements regarding the contract and DocGo will be paid in accordance with the contract,” Mr. Carrión wrote. “Payment under the contract will commence promptly.”

The contract took effect on May 5, and Mr. Lander, the city’s chief financial officer, had been working to obtain the agreement, along with the agency’s rationale for hiring DocGo — required elements of his office’s contract approval process.

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What Mr. Lander discovered, after he finally received the contract on Aug. 16, was that there had been flaws in the procurement process from the outset.

He noted that the housing agency had only committed $15.3 million of its budget to pay the company’s invoices, even though it already owes DocGo over $70 million so far.

The comptroller also found that the agency had given “contradictory statements” about DocGo’s ability to provide the required services to migrants. At one point, the agency asserted that the publicly traded company had the capacity to handle the migrant crisis, even though its expertise was in medical services; at another point, it claimed that DocGo could do so only if it were given $4 million in taxpayer money up front.

Mr. Lander’s office faulted Housing Preservation and Development officials for failing to disclose who referred DocGo to the agency, to provide certain creditworthiness and corporate structure disclosures from the company, and to demonstrate that the company’s subcontractors were being properly screened and selected.

Nor could the housing agency provide any evidence for its contention that the city had “exhausted efforts” to find other contractors that could do the work without needing a cash advance, Mr. Lander noted. (His office had already denied the cash advance in mid-July).

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Since Mr. Lander was sworn in as comptroller at the beginning of 2022, his office has registered more than 30,000 contracts and rejected fewer than 75, or 0.22 percent. None of those were awarded using emergency procedures.

Mr. Lander also took aim at DocGo’s chief executive officer, Anthony Capone, for saying during an interview at an August investor conference — as first reported by the Albany Times Union — that the company had pursued the $432 million city contract largely to give it enough credibility to bid on a $4 billion contract with the U.S. Border Patrol.

In the same interview, Mr. Capone also predicted that ongoing gridlock in Washington would help ensure steady revenue for migrant services providers like DocGo — a posture that “suggests that the company has little incentive to assist the asylum seekers in its care to obtain legal services and work authorization that would enable them to leave shelter,” the comptroller said.

“Rather, the C.E.O. seems eager to capitalize on the fact that the longer asylum seekers remain in their care, the more the company’s revenues will grow under this contract,” Mr. Lander wrote.

Jeffery C. Mays contributed reporting.

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Transcript of Trump Manhattan Trial, May 30, 2024

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Transcript of Trump Manhattan Trial, May 30, 2024

-
Jury Deliberation Re-charge
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
-
PART: 59
Χ
THE PEOPLE OF THE STATE OF NEW YORK,
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
Indict. No.
71543-2023
CHARGE
4909
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
100 Centre Street
New York, New York 10013
May 30, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE PEOPLE:
ALVIN BRAGG, JR., ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
GEDALIA STERN, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates, RPR, CCR, RSA
Principal Court Reporter

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New York

Transcript of Trump Manhattan Trial, May 29, 2024

Published

on

Transcript of Trump Manhattan Trial, May 29, 2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK CRIMINAL TERM
-
THE PEOPLE OF THE STATE OF NEW YORK,
PART: 59
Indict. No.
71543-2023
CHARGE
-against-
DONALD J. TRUMP,
DEFENDANT.
BEFORE:
4815
FALSIFYING BUSINESS
RECORDS 1ST DEGREE
JURY TRIAL
X
100 Centre Street
New York, New York 10013
May 29, 2024
HONORABLE JUAN M. MERCHAN
JUSTICE OF THE SUPREME COURT
APPEARANCES:
FOR THE
PEOPLE:
ALVIN BRAGG, JR.,
ESQ.
DISTRICT ATTORNEY, NEW YORK COUNTY
One Hogan Place
New York, New York 10013
BY:
JOSHUA STEINGLASS, ESQ.
MATTHEW COLANGELO,
ESQ.
SUSAN HOFFINGER, ESQ.
CHRISTOPHER CONROY, ESQ.
BECKY MANGOLD, ESQ.
KATHERINE ELLIS, ESQ.
Assistant District Attorneys
BLANCHE LAW
BY:
TODD BLANCHE, ESQ.
EMIL BOVE, ESQ.
KENDRA WHARTON, ESQ.
NECHELES LAW, LLP
BY: SUSAN NECHELES, ESQ.
Attorneys for the Defendant
SUSAN PEARCE-BATES, RPR, CSR, RSA
Principal Court Reporter
LAURIE EISENBERG, RPR, CSR
LISA KRAMSKY
THERESA MAGNICCARI
Senior Court Reporters
Susan Pearce-Bates,
RPR, CCR, RSA
Principal Court Reporter

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New York

Critics Fault ‘Aggressive’ N.Y.P.D. Response to Pro-Palestinian Rally

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Critics Fault ‘Aggressive’ N.Y.P.D. Response to Pro-Palestinian Rally

Violent confrontations at a pro-Palestinian rally in Bay Ridge, Brooklyn, on Saturday reflected what some local officials and protest organizers called an unexpectedly aggressive Police Department response, with officers flooding the neighborhood and using force against protesters.

At the rally, which drew hundreds of demonstrators, at least two officers wearing the white shirts of commanders were filmed punching three protesters who were prone in the middle of a crosswalk. One officer had pinned a man to the ground and repeatedly punched him in the ribs, a 50-second video clip shows. Another officer punched the left side of a man’s face as he held his head to the asphalt.

The police arrested around 40 people who were “unlawfully blocking roadways,” Kaz Daughtry, the department’s deputy commissioner of operations, said on social media on Sunday.

Mr. Daughtry shared drone footage of one person who climbed on a city bus, “putting himself and others in danger.” The Police Department, he wrote, “proudly protects everyone’s right to protest, but lawlessness will never be tolerated.”

Neither Mr. Daughtry nor the police commented on the use of force by officers. A spokeswoman for Mayor Eric Adams did not immediately respond to a request for comment about the police response. The Police Department’s patrol guide states that officers must use “only the reasonable force necessary to gain control or custody of a subject.”

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Bay Ridge has a significant Arab American population and hosts demonstrations in mid-May every year to commemorate what Palestinians call the Nakba, or “catastrophe” — when hundreds of thousands of Palestinians fled or were forced from their homes during the war that led to Israel’s founding in 1948.

Andrew Gounardes, a state senator and a Democrat who represents the area, said local politicians had been in touch with the commanding officer of the 68th police precinct before the preplanned protest and said there had been no indication that there would be such a heavy police response. He called the videos he saw of the events “deeply concerning.”

“It certainly seems like the police came ready for a much more aggressive and a much more confrontational demonstration than perhaps they had gotten,” he added.

Justin Brannan, a Democrat who is the city councilman for the area, said the protest was smaller than last year’s but that officers had come from all over the city to police it. He said their approach appeared to be directed by 1 Police Plaza, the department headquarters in Manhattan.

“These were not our local cops. Clearly, there was a zero-tolerance edict sent down from 1PP, which escalated everything and made it worse,” Mr. Brannan said.

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“I’m still waiting on information and details about the arrests that were made,” he added, “but from my vantage point, the response appeared pre-emptive, retaliatory and cumulatively aggressive.”

The Republican state assemblyman whose district includes parts of Bay Ridge, Alec Brook-Krasny, had a different perspective. He said an investigation would determine whether the officers’ actions were warranted, but he said some protesters were “breaking the law” by refusing to clear the street.

“I think that those bad apples are really hurting the ability of the other people to express their opinions,” Mr. Brook-Krasny said.

Some local residents supported the police and said they were tired of the protests’ disruptive impact. “Enough is enough,” said Peter Cheris, 52, a 40-year resident of Bay Ridge, who said he had viewed the videos of the protest. “If you’re going to break the law, you deserve it,” he said.

Donna Lieberman, the executive director of the New York Civil Liberties Union, singled out the presence of the Police Department’s Strategic Response Group, a unit that is sometimes deployed to protests and has been the subject of several lawsuits brought by the civil liberties union and other groups.

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The police unit’s handling of the demonstration “was a violation of New Yorkers’ right to speak out and risks chilling political expression,” Ms. Lieberman said in a statement. “N.Y.C.L.U. protest monitors witnessed violent arrests, protester injuries, and even arrests of credentialed members of the press.”

She added: “The continual pattern of N.Y.P.D. aggression against pro-Palestine demonstrators raises important questions about the city’s disparate treatment of speakers based on their message.”

Abdullah Akl, an organizer with Within Our Lifetime, the pro-Palestinian group that organized the protests, said the response took organizers aback, particularly for a demonstration that occurs every year in Bay Ridge and is known to be frequented by families with children.

“It was really an unusual and unprecedented response,” Mr. Akl said.

He said he witnessed two men being pushed to the ground. One of them can be seen in a video with blood streaming down the side of his face. Nerdeen Kiswani, chair of Within Our Lifetime, said three protesters — including the two who can be seen being punched — were treated for their injuries at hospitals.

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The Police Department has arrested hundreds of demonstrators since street protests began shortly after the Hamas attack on Israel on Oct. 7 and Israel’s subsequent invasion of Gaza. The protests have been largely peaceful, with few injuries or violent clashes.

In a turning point, on April 30 officers cleared Hamilton Hall at Columbia University, which had been occupied by protesters for 17 hours. Many officers showed restraint during the arrests, though a handful were filmed pushing and dragging students as they removed them from the building.

On Sunday, Ms. Lieberman said police response to the protests in Bay Ridge underscored the importance of implementing the terms of a $512,000 settlement the civil liberties union and the Legal Aid Society reached with the city this month. The settlement set new terms for how the Police Department manages protests, creating a tiered system that dictates how many officers can be sent to demonstrations and limits the use of the Strategic Response Group. It will take years to put into practice.

The settlement is one of several that stemmed from the George Floyd racial justice protests in 2020. Last year, the city agreed to pay $13.7 million to settle a class-action lawsuit that claimed unlawful police tactics had violated the rights of demonstrators in Manhattan and Brooklyn. In March, the city agreed to pay $21,500 to each of roughly 300 people who attended another Black Lives Matter protest in 2020 in the Bronx. Those people were penned in by the police, then charged at or beaten with batons, according to a legal settlement.

Andy Newman and Camille Baker contributed reporting.

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