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Westchester's La Cremaillere owner arrested on fraud charges

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An owner of La Cremaillere, a traditional French restaurant that has long catered to the wealthy and famous in one of “When Barbara Meyzen’s upscale clientele of bankers, celebrities, and other notable figures frequented her restaurant, they saw a stately French manor in a serene Westchester suburb,” Geoffrey Berman, the U.S. attorney in Manhattan, said in a statement. “What they did not see was the alleged rampant financial fraud that was happening.”

Prosecutors claim “Bobbie” Meyzen, who has owned the restaurant with her husband, Robert Meyzen, since 1993, lied and submitted phony bank statements in applying for business loans. When one lender discovered the statements were altered, she allegedly created an email account in the name of a bank officer to say they were genuine.

Meyzen even charged more than $80,000 in food and restaurant supplies to the American Express card of a frequent patron, according to the government.

Now she has “potentially earned herself a reservation for one in federal prison,” Berman said.

Meyzen, 57, pleaded not guilty and was released on a $250,000 bond, according to her lawyer, Kerry Lawrence.

Lawrence called La Cremaillere, in Westchester County’s moneyed Bedford, “one of the more revered” restaurants in the area. Vanity Fair in a 2017 headline declared it “Home to the Finest French Country Cooking on the East Coast.”

Among its patrons, the magazine ticked through a list of boldface names, including Tommy Hilfiger, Glenn Close, Tom Brokaw, Regis Philbin, Paul Shaffer, Billy Joel, Mick Jagger and Governor Andrew Cuomo. It noted that the restaurant, which opened in 1949, had a sign on the door cautioning gentlemen not to enter wearing shorts or sandals.

The menu, with its sauteed foie gras and Maine lobster ravioli, evokes an era when continental cuisine ruled and Chilean sea bass was trendy. One customer, a hedge fund manager in his 50s, said it was the go-to romantic place for locals of a certain age. Another financial services professional, who is 46 and grew up in nearby Greenwich, Connecticut, remembered La Cremaillere as a sort of landmark.

“That is a restaurant my parents always liked to go to, and I have not heard a single person mention it in years,” she said. “I figured it was because it is an old French place.”

La Cremaillere filed for bankruptcy protection from creditors in April. A commercial real estate broker marketing the property estimated that the real estate and the business, including a 14,000-bottle wine cellar, could bring as much as $3.8 million.


The New York Fed's little-known unit queries everything

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Margaret McConnell often tells central bankers make—which can lead to big policy mistakes when they’re wrong.

The ACT is there to remind the rest of the institution, whose vast research teams are under constant pressure to supply answers, that doubt is legitimate in the face of complex questions –- while it’s often the things we’re certain about that blow us up. The biggest risks aren’t always out there in the markets, in other words: Sometimes, they’re right inside the building.

“I’m interested in shifting the lens,” McConnell—who rarely appears in public or discusses details of the ACT’s sensitive work—said in an interview last month. “What if what we’re talking about as true, is not true? Looking more for puzzles than for the story you think you know, that’s very hard to do.”

It’s a deliberately unsettling approach, one that matches the mood on the world’s financial markets.

Record highs for all kinds of assets co-exist with an uneasy sense that something big could be wrong. Investors are scouring the horizon in search of the next time-bomb -– whether it’s leveraged loans or the growing pile of negative-yield… debt.

McConnell casts the net wider, to include the policy process itself.

The financial crisis offers plenty of illustrations. The Fed got housing markets wrong before the crash, and its estimates of labor resources in the recovery have been off, too. McConnell’s conclusion after 2008 was that economics as practiced at today’s central banks has embedded blind spots.

Her bosses agreed -- and that’s how the ACT came to exist. McConnell envisioned a unit that would draw on fields such as psychology, complex systems theory and design. Former New York Fed President Bill Dudley liked the idea, and McConnell launched it in 2016. There are now about 15 analysts working there.

Dudley calls the crisis “a bitter failure of imagination.” Part of that failure happened inside an economics profession more inclined to celebrate its successes.

Fed officials touted the “great moderation” they had engineered. Nobel laureate Robert Lucas argued that the “central problem of depression prevention has been solved.” In August 2008, Olivier Blanchard -– about to become the IMF’s chief economist – proclaimed that “the state of macro is good.”

McConnell is the kind of person who gets worried when everyone else thinks the outlook is bright.

She had a “flair for darkness,” Timothy Geithner, the former Treasury secretary and Dudley’s predecessor as New York Fed chief, said in his crisis memoir “Stress Test.” That’s one reason why he chose her to be one of his closest aides.

“She would always ask the awkward question, the uncommon question,” Geithner said in an interview. “She was a famously curious person, and deeply skeptical about received wisdom.”

The challenge for the Fed is how to harness that kind of contrarianism into an institution that’s intensely focused on mission-critical daily tasks.

As well as setting the world’s most important interest rate, it oversees financial markets, payment systems and bank balance-sheets all measured in trillions of dollars.

The Fed’s legions of PhD economists are toiling away with little spare time for discursive thought. They’re trying to spot the latest trends in trade, investment, prices or employment, so their bosses can make better policy.

The research process is rigorous and hierarchical, former staff members say, with no tolerance for error. They cite an internal saying: You’re not allowed to make the same mistake once.

That’s the culture the ACT is trying to change, according to Dudley. “You can have a regime where people don’t take risks,” he says – but then you’ll miss things, maybe important ones. “You can be right in the small. But if you’re not right in the large, it can be a big mistake.”

McConnell, who has a PhD from Ohio State University, joined the Fed’s domestic research team in 1996. A few years later, she began to take an interest in institutional biases -- when she brushed up against them herself.

She co-wrote a paper about why the volatility of GDP growth was declining, and pursued a hunch that just-in-time inventory management had changed things. But inside the Fed, she was encouraged to put more emphasis on the central bank’s newfound ability to stabilize the economy.

It was a revealing instance of confirmation bias –- the kind, McConnell would later point out, that blinded the Fed to cracks in the financial system before 2008.

“We have this tendency to want to congratulate ourselves,” she said in 2013, in a talk posted on YouTube. “There is a tendency to see a robust economic environment -– a boom –- as an indication of success in decision-making across all facets of the financial system. Until it is not.”

She’s experimented with different ways of getting colleagues to confront worst-case risks. The ACT sometimes runs war games, according to people who’ve taken part. The scenario might be a bank that’s desperate for liquidity but lacks collateral in the U.S., or a Treasury default amid debt-ceiling brinksmanship.

James McAndrews, the New York Fed’s former head of research, recalls one exercise conducted just before an important policy decision. The ACT came up with some fictional news headlines from a year into the future, to illustrate potential outcomes.

“It made us take one step back and think about the life-cycle of an issue,” McAndrews says. The takeaway: “Don’t push too hard along a single line of argument. Because it could be negated.”

McConnell wants to apply insights from other fields—“particularly intelligence, design, climate science and medicine”—to central banking.

There are economists on her reading list, like Daniel Kahneman, the Nobel laureate who’s written about the differences between instinctive and logical thinking, and the biases inherent to each.

She’s also interested in the work of political scientist Philip Tetlock, the author of “Superforecasting,” and Alex Ryan, a pioneer in complex systems theory at the MaRS innovation hub in Toronto.

Ryan says one lesson from the study of systems is that large-scale collapses aren’t all that rare. He says the ACT’s approach is also employed by armies -– which, like other big institutions, are vulnerable to “organizational myths” that become entrenched, especially after successes.

That’s why there’s a so-called Red Team in war games, whose role is to probe and pressure the base case, he says. In a financial scenario, it might be that policy makers can’t see any reason why a particular market should pose risks. “But Red Team will say: Let’s assume that actually this market does collapse, and we get exposed. Let’s figure out what are all the causes that would’ve led to that.”

McConnell’s ability to keep pushing boundaries may depend on whether Fed leaders believe such exercises are useful.

Central banks aren’t a natural home for contrarians, said Alberto Musalem, who oversaw the ACT as head of policy analysis at the New York Fed, before leaving to co-found Evince Asset Management. In that respect, they’re a bit different from the financial markets they oversee.

“The incentive structure in the market rewards people who are forward thinkers, lateral thinkers, and who gameplay scenarios,” he said. “At the Fed, the incentives aren’t necessarily these.”

For now, McConnell has enthusiastic endorsements from the last three New York Fed presidents.

The current one, John Williams, said in a July 12 interview that the ACT has helped to structure analysis and internal debate in new ways. He’s asked the unit to redesign the Fed’s economic briefings, where the traditional format has been to look at evidence and arrive at answers.

“Meg and her team are good at telling us that perhaps that’s not a sign of success,” he said. “Sometimes the right answer is: ‘I don’t know.’ We need to keep that in mind.”

Facebook pays record $5 billion to settle US privacy claims

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Facebook Inc. agreed to pay a record $5 billion to resolve a U.S. investigation into years of , will for the first time end Chief Executive Officer Mark Zuckerberg’s final authority over privacy decisions, creating an independent privacy committee of directors on the company’s board, according to an FTC statement.

The accord will also require Facebook to keep a tighter leash on third-party apps, perform regular sweeps for unencrypted passwords and refrain from using telephone numbers obtained for security purposes for advertising. It also calls for the company to conduct privacy reviews of new offerings and submit to new privacy certifications and assessments.

“The agreement will require a fundamental shift in the way we approach our work and it will place additional responsibility on people building our products at every level of the company,” Facebook said in a statement. “It will mark a sharper turn toward privacy, on a different scale than anything we’ve done in the past.” Facebook said it hopes the agreement, which requires greater accountability than is currently required under U.S. law, will be “a model for the industry.”

Facebook shares fell less than 1% to $200.93 at 10: 44 a.m. in New York. The company reports second-quarter earnings after the market close. 

Still, the agreement, which was approved by the FTC’s Republican majority by a vote of 3-2, does little to alter Facebook’s structural data collection practices, which are at the heart of its business model. While the fine is steep, it’s far from devastating for Facebook, which reported sales of almost $56 billion in 2018. It had set aside $3 billion in anticipation of the fine.

“The magnitude of the $5 billion penalty and sweeping conduct relief are unprecedented in the history of the FTC,” Chairman Joseph Simons said in a statement. “The relief is designed not only to punish future violations but, more importantly, to change Facebook’s entire privacy culture to decrease the likelihood of continued violations.”

While the fine is the largest ever imposed by the FTC for a privacy violation, it didn’t satisfy the agency’s two Democratic commissioners, Rebecca Kelly Slaughter and Rohit Chopra, who voted against it.

“When companies can violate the law, pay big penalties, and still turn a profit while keeping their business model intact, enforcement agencies cannot claim victory,” Chopra said in a statement. He said the settlement did little to empower the board to represent users rather than shareholders on privacy while releasing the company and executives from accountability for a broad array of potential misdeeds.

Slaughter said that given Facebook’s repeated violations, the FTC would have been more likely to change the company’s behavior by suing it and its CEO.

The deal is also unlikely to mollify critics in Congress and among privacy advocates who have called for accountability for Zuckerberg, fines that represent a greater share of the company’s revenue and the unwinding of Facebook’s acquisition of Instagram and WhatsApp.

The FTC probe stems from the March 2018 disclosure that Cambridge Analytica, a consulting firm hired by Donald Trump’s 2016 presidential campaign, improperly obtained data on tens of millions of Facebook users from a researcher who collected personal data through a third-party quiz app. The app not only collected its users’ data, but also information on their friends, affecting millions of consumers.

The Cambridge Analytica scandal dealt a blow to Facebook’s reputation at a time when the company was already under fire for allowing Russian agents to exploit its platform to try to influence the 2016 election. The company’s battered reputation caught up with it earlier this month, when lawmakers railed against Facebook’s plan to introduce a digital currency. Sherrod Brown of Ohio, the top Democrat on the Senate Banking Committee, called the company “dangerous.”

Facebook also resolved an ongoing investigation by the Securities and Exchange Commission Wednesday. The agency fined Facebook $100 million, claiming the company should have told investors more about the data abuse involved in Cambridge Analytica.

The FTC also announced separate settlements with the now-defunct political consulting firm, its former CEO Alexander Nix, and an app developer who worked with the company, Aleksandr Kogan.

The agency’s investigation went far beyond issues around Cambridge Analytica. The FTC alleged violations going back to 2012, the same year that Facebook finalized an earlier consent order over privacy lapses. Four months after that accord, the FTC said, Facebook removed a disclosure that information users shared with friends could get sucked up by the apps those friends used—while allowing the practice to continue.

Facebook also announced in 2014 that it would stop letting outside app developers collect data of users’ friends, according to the FTC. However, the company told developers they could continue the practice for a year if their apps were already on the platform—and failed to stop the sharing until mid-2018 or later. The company also often limited enforcement of its policies against third-party developers if they were making Facebook money, the FTC alleged.

Under the settlement, Facebook will have to report data compromises to the FTC if more than 500 users are affected, terminate apps that fail to certify their compliance with company policies and provide greater notice of its use of facial recognition. Facebook had misled users to think they could opt in to a facial recognition feature, even though it was turned on by default, the FTC said.

Compliance with the order will be managed by an independent committee on Facebook’s board of directors, which Zuckerberg will not appoint. Zuckerberg, and a designated compliance officer approved by the independent committee, must certify compliance both with the privacy program and the larger order. False certification will “subject them to individual civil and criminal penalties,” the FTC said.

Facebook spent months negotiating the settlement with the FTC, and any future potential violations would likely require similar deliberation and delay. That makes it a weaker burden on Facebook than Europe’s General Data Protection Regulation, which for small violations penalizes companies 10 million euros, or 2% of the violator’s worldwide annual revenue, whichever is higher.

While the new agreement removes a major burden weighing on the Menlo Park, California-based company, it is still grappling with investigations by other authorities in the U.S. and the European Union. European officials are pursuing multiple data-protection investigations, while the city of Washington, D.C., is suing the company over Cambridge Analytica, and the New York State attorney general, Letitia James, has announced… her office is looking into the company’s harvesting of some users’ email contacts.

In addition, a federal judge in California in May declined… dismiss lawsuits brought on behalf of tens of millions of users who blame the company for allowing their private information to be shared in the Cambridge Analytica scandal.

The FTC itself is also poised to continue scrutiny of Facebook. As part of a broad agreement with the Justice Department dividing oversight of four of the biggest tech companies, the agency will take responsibility for a potential antitrust investigation into the company. One area of focus is likely to be its acquisitions of Instagram and WhatsApp.

And the Justice Department’s antitrust division disclosed plans Tuesday to scrutinize tech platforms following mounting criticism across Washington that the companies have become too big and powerful. The department didn’t specify which firms it would look at but strongly suggested Facebook, Alphabet Inc.’s Google and Amazon.com Inc. were in the cross-hairs.

“We have heard that words and apologies are not enough and that we need to show action,” Facebook said. “By resolving both the SEC and the FTC investigations, we hope to close this chapter and turn our focus and resources toward the future.”

Townhouse sales surged in Manhattan and Brooklyn ahead of mansion tax

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 surged to the highest level in ten years, according to a mid-year report released by CORE. 

The report, which covers one-to-three family home sales in the New York City two areas, found a significant increase in sales and contracts, as well as a decline in inventory.

"Prices have softened considerably, and changes to the mansion tax, which took effect July 1, motivated buyers to close deals by June 30," said Garrett Derderian, managing director of market analysis at CORE in a statement.

The first half of 2019 had 278 sales market-wide—that’s 18% more than the previous year.

"Changes to the mansion tax remains one of the greatest headwinds for the luxury space, where most of the townhouse market is priced," Derderian said about looking ahead. 

Downtown Manhattan in particular saw a record-breaking mid-year, with a 41% increase in annual sales. The average sale price in Downtown Manhattan increased 1% to about $8.92 million, and the median sales price decreased 5% to $7.8 million.

Northwest Brooklyn also saw an uptick in deals, with a 19% increase in sales, resulting in 172 sales in the market.

One neighborhood that saw considerable change was the Upper East Side where annual sales were down 50% at the end of 2018. The neighborhood saw the number of sales remain flat year-over-year, however, the average price and total dollar volume both surged 15% this year, pointing to a greater level of high-priced transactions, according to Derderian.

Despite the number of sales increases, discounts still remained abundant.

“With the number of contracts and sales increasing, we may have reached a turning point where sellers understand the need to discount their homes,” said Derderian. “Buyers are purchasing if the price is right.”

The average market-wide discount was 12% off the initial asking price, up from 9% in the first half of 2018.

Midtown East had the greatest discount rates, averaging 27%. The Upper Manhattan discount rate had the greatest percentage increase, up 139% year-over-year to 16% off the initial ask. Downtown Manhattan’s average discount was 19%.

All the while, active inventory is down from past years. Inventory declined in every submarket apart from Downtown Manhattan.

De Blasio sticks to gym routine despite bomb threat

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A bomb threat didn't keep New York City Mayor Bill de Blasio from working out at his favorite gym in Brooklyn.

The Daily News Park Slope Armory YMCA at about 7:30 a.m. Wednesday and said she was going to blow the place up.

The caller said she was targeting de Blasio's gym because the mayor "likes black people and is running for president."

De Blasio, who is seeking the Democratic nomination for president, is actually a regular at the Prospect Park YMCA six blocks away.

Police searched both gyms and found no explosive devices.

De Blasio spokeswoman Freddi Goldstein said the mayor was headed to his gym when the call came in. She said he exercised after the police completed their sweep.

Amazon considering huge Brooklyn location

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Amazon may have I… City, a sprawling campus of buildings situated along the waterfront in Sunset Park.

A spokesman for the partnership of real estate investors that own the 35-acre property, including Jamestown, Belvedere Capital and Angelo Gordon, said the group would not comment on the potential deal.

It wasn’t immediately clear how much space Amazon is seeking. But a source said the company could rent as much as 1 million square feet, with options to expand.

Industry City isn’t the tech giant’s only option in Brooklyn. Nearby, the city’s Economic Development Corp. has been seeking a developer to build a large distribution facility on a parking lot at the Brooklyn Army Terminal, which the EDC operates. It wasn’t immediately clear if Amazon was considering that site as well. EDC led the initially successful effort to land Amazon's second headquarters project, which the company planned for Long Island City but abandoned in mid February.

Amazon has grown its logistics facilities rapidly in the city in recent years, leasing a nearly a million square foot warehouse in Staten Island last year and earlier this year leasing a more than 100,000 square foot space in the Bronx. A real estate source familiar with Amazon’s thinking said the company anticipates needing millions of additional square feet as it continues to grow in the city.

However, the firm has yet to establish a large presence in Brooklyn, a borough with millions of square feet of former industrial spaces that can be repurposed for logistics.

An Amazon spokeswoman said it has not signed a deal at Industry City nor committed to any spaces elsewhere in Brooklyn.

She said the company wouldn't comment if it were considering or negotiating for space at Industry City, stating that Amazon declines to discuss speculation. “We don’t have anything confirmed in Brooklyn," she said.

On Feb. 14 Amazon dropped its plans to build a 4-million-square-foot second headquarters in Long Island City after encountering opposition from neighborhood groups and elected officials.

MTA approves controversial plan that could cut 2,700 jobs

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The that would cut up to

The term “blueprint,” was repeated by several board members and Chairman Patrick Foye, each stressing that the plan is the start of a longer process.

“The blueprint is the plan, these recommendations are the plan,” Foye said in a press conference following the meeting. “Some of those, naturally,  will change over the next three to six months.”

The plan calls for turning more than 40 departments across MTA agencies into six and creating new offices that focus on capital projects and customer communications. The authority will hire a chief transformation officer to oversee the sweeping changes.

Gov. Andrew Cuomo, who controls the authority, essentially commissioned the plan in the state budget, which imposed new real estate taxes and a congestion fee in Manhattan to fund subway upgrades. With the budget’s adoption nearly four months ago, the MTA became required by law to adopt a reorganization plan by July 31.

But a number of transit and riders group had called for the MTA to vote down this particular plan.

"This transformation plan will dramatically change the way the MTA functions and deserves appropriate attention and input from stakeholders,” said Tom Wright, president of the Regional Plan Association, a planning and advocacy group. “We recommend you allow more time for public engagement in this process before the final plan is adopted.”

A coalition of organizations that included the TransitCenter, Riders Alliance and Tri-State Transportation Campaign released a statement Sunday opposing it. They argued the reorganization could actually slow down improvements and reduce accountability.

The plan has been attacked by other MTA critics as well, including the Manhattan Institute's Nicole Gelinas,

Amazon Realogy partnership ripples in US housing

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The U.S. real estate industry may soon find out whether house hunters will look for homes in the place where they already shop for everything else.

Amazon.com Inc. is partnering with Realogy Holdings Corp. to funnel potential buyers to the brokerage company’s agents. Clients who go on to purchase a home will receive up to $5,000 in products and services from Amazon, giving the company a way to market things it already sells -– handyman services, smart-home gadgets, furniture -– to people who are likely to need them.

For Realogy, whose brands include Century 21, Coldwell Banker and Sotheby’s International Realty, the partnership lets it use Amazon’s massive audience to give it a leg up in the highly fragmented residential real estate industry. Tuesday’s announcement follows news earlier this month that brokerage Redfin Corp. is working with the SoftBank-backed startup Opendoor in a venture&nb… seeks to leverage web traffic to drive home sales.

The program, called TurnKey, could generate new leads for Realogy, helping the company recruit and retain agents, and allowing the brokerage to command a higher share of agent commissions, analysts at PiperJaffrey wrote in a note. “The magnitude of those benefits will depend on the amount of marketing put forward to drive awareness,” the analysts said.

Realogy shares jumped as much as 30%, its most ever in intraday trading, before giving up some of those gains. They were up 18% as of 2:55 p.m. New York time to $6.13. The company’s shares had retreated more than 60% this year through Monday.

The housing market has long presented a tantalizing but complex proposition to technology companies. It’s enormous -- the total value of U.S. homes tops $33 trillion by one estimate -- and fragmented, making it an appealing target for disruption. It’s also defined by a small number of high-value transactions, giving buyers and sellers reason to opt for personal relationships with human agents.

Early entrants, like Zillow Group Inc. and Redfin Corp., succeeded at building large online audiences for home listings and market analysis, but ultimately wound up fitting into the existing ecosystem rather than remaking it in their own images. Lately, tech companies have used home-pricing algorithms and war chests of investor capital to build&gt… biggest home-flipping operations the world has ever seen -- proving that some Americans are willing to do the biggest transactions of their lives online.

For Amazon, the partnership is another way for the e-commerce giant to ingratiate itself with customers going through big life changes. It already entices new parents with cheap diapers, and college students with deals on books. Capturing homebuyers would create a market for a range of home-improvement services as well as technology including Amazon’s Alexa-powered Echo speakers, doorbells and security cameras. As always, the overarching goal is to find new customers and lock them into the Prime membership program.

Beyond Amazon, there are other large internet businesses that could shake up an industry that has yet to be fully digitized.

“Given the fragmentation of the online real estate brokerage market, large internet firms like Amazon, Facebook and Google have an opportunity to leverage their traffic and potentially create a competing product to Zillow and Redfin,” said Andrew Eisenson, an analyst at Bloomberg Intelligence.

Yet an e-commerce site may not be the first place people will want to turn to for the biggest purchase of their lives.

“People are not on Amazon looking for houses,” real estate tech strategist Mike DelPrete said in an interview. “Imagine being in the bookstore and browsing around and having a real estate agent come up to you. It would be kind of distracting.”


Judge rejects racketeering claims against President Trump

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A judge has rejected claims that President Donald Trump and his three eldest children engaged in racketeering against people who lost money in a marketing company Trump promoted.

Wednesday's ruling by U.S. District Judge Lorna Schofield came after several individuals sued Trump, saying he violated federal anti-racketeering laws by falsely reassuring them he had adequately researched the company, known as ACN.

Trump had endorsed the company in speeches and on "

Schofield threw out the claims on the grounds that the lawsuit filed last year in Manhattan federal court did not sufficiently explain how Trump and his family could have caused the losses to individuals.

Lawyers who sued claimed that victims lost at least $500 while some lost thousands of dollars. Messages for comment were left with lawyers.

CBS is ready to talk with AT&T after phone CEO's silent taunt

Bronx councilman's claims about nonprofit appear wildly exaggerated

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Preacher-turned-politician Ruben Diaz Sr. might be an authority on the Book of Numbers, but the accounts of his nonprofit don't add up.

The Bronx councilman, an ex-state senator and leading candidate to replace retiring U.S. Rep. Jose Serrano, advertises himself on his government website as the former head of a sprawling network of elder care providers called the Christian Community Benevolent Association.

But a review of public records shows that the organization is a vastly smaller concern, and one continuously intertwined with his political, governmental and ecclesiastical operations.

"The C.C.B.A. presently employs 1000 people and serves more than 5000 senior citizens residing in Bronx County," the Rev. Diaz's City Council website reads

This has not been the case for years, possibly not since 2012, when its then-CFO—Diaz's former campaign treasurer—was

In a brief phone interview, Diaz refused to answer questions about how the charity's revenues are generated and spent, then severed the call without answering further questions.

"You're the reporter, you find out," the councilman said.

The group's spotty disclosures clarify little. The available Internal Revenue Service documents from the nonprofit go back only three years and are largely blank, and the state Charities Bureau shows only two filings since 2010. The federal and state disclosures are required annually from nonprofits raising money in New York.

, though at the address associated with one of the association's defunct senior facilities.

Records from the state Legislature and the Board of Elections also suggest Diaz, remains involved with the nonprofit. The CCBA's president is Samaris Gross, who worked as the  in the politician's Senate office until Diaz left Albany to join the council in 2018. Gross was also on the payroll of his Senate campaign image shows Diaz's campaign vans in the church parking lot, though his campaign disclosures show no payment for the space in the past two years.

But records show Diaz's council bid did pay the association $2,494.26 for "van parking" in 2017, while his state Senate operation laid out $2,406.18 for the same service in 2016. The only revenue the nonprofit reported in either year was in the form of "gifts, grants, contributions and similar amounts"—$39,068 in 2016 and $25,269 the next year. It is unclear if it counted the parking-space rent toward that total.

Also in 2017, the campaign of Assemblyman Marcos Crespo—the Bronx Democratic Party leader and a former Diaz aide—gave the group $1,000 for a  The Christian Community Benevolent Association reported no fundraising events that year and no expenditures for anything other than "entertainment activities," bank fees, taxes and "other general expenses." Crespo was the only elected official who gave the group campaign money for this purpose.

A spokesman for Crespo shared with Crain's a flyer for a 2016 "Christmas Eve Humanitarian Relief Effort" benefiting flood victims in the island nation. The promotion lists Diaz as the main sponsor, along with several other organizations, though not the Christian Community Benevolent Association. The group's 2016 filing makes no report of any such event and shows all revenues going toward program activities, a telephone bill and bank fees, except for $650 spent on conferences, conventions and meetings and $540 on supplies.

Also missing from these reports are the loans Diaz's state Senate account has made to the group, according to campaign finance records. In 2013, one of the years for which no tax documents are available, he lent it $6,000.

The filing lists the association's address as a post office box from which Diaz recently registered his cong… campaign committee, and which he has used as a mail drop for his .

The association's 

Several Bronx sources speculated that the association exists today largely to put on these and other events promoting Diaz's candidacy and ministry.

Gross, the organization's president, told Crain's that she was unable to speak to its finances except to say that it no longer provides services for seniors. Diaz asserted that the association is not the main funder of his annual events, though he admitted it does "sometimes help out."

In next June's Democratic primary for the House seat Serrano will vacate, Diaz is expected to face Bronx Councilman Ritchie Torres and Bronx Assemblyman Michael Blake. Insiders consider the inflammatory and flamboyant Diaz—known for his cowboy-style attire and vitriolic opposition to same-sex marriage and abortion—to be the favorite in the fight for the seat because of his name recognition and long tenure in local office. He is also the father of the popular Bronx Borough President Ruben Diaz Jr., a likely mayoral candidate in 2021.

Northwell's Southside Hospital plans $66M maternity-care project

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Northwell Health's Southside Hospital in Bay Shore is planning $66 million in upgrades. The maternity-focused project will update and expand the 305-bed hospital's labor and delivery, neonatal intensive care and post-anesthesia-care units.

It will create an 11-bed neonatal intensive care unit as well as two operating rooms and a dedicated eight-bed post-anesthesia-care unit in the C-section surgical suite. Other upgrades include building out 11 private maternity rooms and adding 10 maternity beds, for a total of 39.

"We have essentially outgrown our units," said registered nurse Donna Moravick, executive director of Southside. The hospital—which serves residents of southwest Suffolk County—handles about 2,500 deliveries a year.

Local residents want to stay in their community to receive specialized care, Moravick said. That opportunity has been made available to them by leveraging the resources of a large health system to transform Southside into a tertiary hospital.

Southside joined Northwell in 1996. It's about four years into a 10-year strategic plan, which includes adding dozens of private rooms in a new patient pavilion. Other recent upgrades have included emergency room renovations, a new joint-replacement unit and lobby, and additional cardiology services.

This year the hospital announced the appointment of Dr. Dominick Gadaleta as its chairman of surgery and Dr. Don DeCrosta as its chairman of anesthesiology. They previously served at North Shore University Hospital in Manhasset and New York University Medical Center, respectively.

Moravick noted at the time that physicians from tertiary facilities joining Southside in leadership positions demonstrate the high-quality surgical programs that have been developed there.

"We have had a strategic vision for this institution," Moravick said, "and we're doing it from the patient's perspective."

Cynthia Khan, vice president of strategic planning at Northwell, said the health system will continue to make similar investments to bring high-end care to the local community.

Northwell expects to fund the maternity project at Southside through its operating margin, a spokesman said. Where appropriate, Northwell will look to the tax-exempt bond market for additional funding if needed.

The project will be completed in phases to avoid a disruption of services. The hospital has filed for approval with the state, and construction is expected to start early next year. —Jennifer Henderson

 

Emblem, ACP open health hub in East New York


EmblemHealth and its affiliated medical group, AdvantageCare Physicians, have begun seeing patients at their multispecialty health hub in the East New York section of Brooklyn, one of the city's most underserved neighborhoods for medical care.

The seven-floor, 75,000-square-foot facility is located at 101 Pennsylvania Ave. in a newly-constructed building. Emblem said it was a "significant investment" but declined to disclose the cost of the project.

At the hub, AdvantageCare Physicians will deliver primary care, including family medicine, internal medicine and pediatrics, as well as specialty care in cardiology, gastroenterology, ophthalmology, optometry, podiatry and rheumatology.

ACP has partnered with Quest Diagnostics to offer lab testing on-site and Lenox Hill Radiology to perform imaging tests at the clinic.

Cityblock Health, a Brooklyn-based startup that Emblem has invested in, will deliver behavioral health and social services to patients with complex needs at the clinic. Cityblock has previously embedded its care team members at AdvantageCare Physicians' Crown Heights hub and has operations in Connecticut and North Carolina.

The new clinic is located within a health professional shortage area for both primary and mental health care, according to the federal Health Resources & Services Administration. By offering a single location where members can address multiple needs, Emblem aims to keep patients from needing more expensive care in hospitals or the emergency room.

"We focus on caring for the 'whole you' by treating the physical, mental and lifestyle aspects of a person's health, and we now have a space in East New York that can help members of a community that need it most," Dr. Navarra Rodriguez, president and chief medical officer at AdvantageCare Physicians, said in a statement. —Jonathan LaMantia

 

Unite Us finds next national partner in CVS Health


Manhattan-based Unite Us has inked a deal with CVS Health that's focused on social determinants of health.

Unite Us has an outcome-tracking technology platform that connects health and social services providers to integrate social determinants, such as access to food and housing, into patient care. CVS Health said Wednesday that Unite Us will help Aetna's Medicaid and dual-eligible members more easily access social services in their respective communities.

Members will be able to use Unite Us' network of social care providers, CVS said, and will be referred by community health providers or Aetna nurse case managers, who will receive information through the Unite Us platform. There is also the opportunity to integrate services through CVS Health retail assets.

The partnership follows the announcement of a $100 million commitment being funded over five years by CVS Health and the CVS Health and Aetna Foundations that is focused on healthier communities.

"We are building a national infrastructure," said Taylor Justice, co-founder and president of Unite Us. In May the company rolled out a partnership with health care giant Kaiser Permanente.

Large institutions are recognizing the importance of social determinants of health, Justice said, and the need to address them outside of a silo.

Unite Us was founded in 2013 and has raised more than $45 million to date. The company first focused on veterans, but in the past few years, it has expanded to Medicaid and Medicare beneficiaries and populations with behavioral health and substance-use challenges.

Terms of the contract between Unite Us and CVS Health were not disclosed. —J.H.

 

Telehealth's growth in NY lags rest of country


New York health care providers have dramatically increased their use of telehealth in the past few years—but not as quickly as the rest of the country, according to an analysis of private insurance claims by the nonprofit Fair Health.

Fair Health's examination of local data for Crain's found that the number of insurance claim lines for telehealth increased 494% last year in New York compared to the number in 2014; the national growth rate was 624%.

"There's more access to medical care in New York than in other areas," said Robin Gelburd, president of Fair Health. "There are urgent-care centers and retail clinics and other convenient settings that allow for care to be rendered in an in-person setting, whereas other jurisdictions are more challenged."

In New York, the data cover about 90% of the self-insured and fully-insured private market, but not Medicare and Medicaid, Gelburd said.

The most common use of telehealth both nationwide and in New York was for a provider to communicate with a patient in a non-hospital setting, such as at a person's home. That type of interaction accounted for 64% of telehealth claim lines in New York. An additional 33% of telehealth claim lines were related to post-hospital discharge follow-up. That differed from the breakdown nationwide, which showed a higher percentage of claims that weren't related to hospital follow-up care. The nonprofit reported the national data in a white paper released this week. 

Users of telehealth in New York tended to be older than in other states. Fair Health attributed that to the higher prevalence of post-discharge follow-up visits because people recovering from a hospital stay are often older.

The most common reasons for telehealth visits skewed toward behavioral health. In New York, they included anxiety and other nonpsychotic mental disorders, mood disorders and upper respiratory infections. —J.L.

 

AT A GLANCE


DIABETES CARE: NYC Health + Hospitals is spending $3 million on a new diabetes management program that will include the hiring of 20 clinical pharmacists to work in its clinics, AM New York reported.

WEST NILE VIRUS: The city Health Department said Wednesday that West Nile Virus has been detected in mosquitos in Queens and on Staten Island. No human cases have been reported this year. The department is telling physicians to suspect the virus in patients presenting with viral meningitis or encephalitis, acute flaccid paralysis, and/or symptoms compatible with West Nile fever.

VACCINES: The New York State Health Foundation looked at New York's ban on religious exemptions to school vaccine requirements and showed where in the state such exemptions were most common.

MEDICARE ACOs: The top-performing accountable care organizations in the Medicare Shared Savings Program engage doctors about the costs of services and involve patients in care decisions, Modern Healthcare reported.

Take a peek at the top-paid chief executives in the New York area

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Amtrak to launch nonstop Acela service to Washington, D.C.

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Amtrak’s powerhouse Acela service, the most commercially successful passenger railroad line in the country, will be offering commuters something new in the fall: nonstop service between New York and Washington, D.C.

Currently, Acela riders traveling from New York can expect to make between four and seven stops—among them Philadelphia, Wilmington and Baltimore—before arriving in Washington three hours later. 

Starting Monday, September 23, the non-stop trip – which will be offered once a day on weekdays only – should take two hours and thirty-five minutes. In fiscal year 2018, Acela service was on-time 80% of the time, according to Amtrak.

The southbound train will depart from Penn Station at 6:35 a.m. and will arrive at Washington’s Union Station “around 9:10 a.m.,” according to an announcement Amtrak made Thursday. The train back to New York will leave Washington at 4:30 p.m., and get to Penn Station approximately 7:05 p.m. Tickets are now on sale and maintain the same price as the standard Acela service.

Amtrak says that it is “weighing” potential expansion of the nonstop service.

The national passenger railroad company will be introducing new Acela trains capable of higher speeds in 2021 and will expand nonstop service to Boston. The Acela line generated $606 million in revenue in 2018, just behind the $656 million generated by Northeast Regional trains, which travel the same route and carried more than twice as many passengers.

After shutdown, Call9 founder plans a comeback

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New York City investments…; last year as investors searched for the next big tech company.

Of course, not all bets pay off.

Investors in telemedicine startup Call9, which had raised $40 million in equity and debt financing since its founding in 2015, learned that the hard way last month, when the company announced it would shut down and lay off its remaining 100 workers after peaking with a staff of about 200.

Dr. Tim Peck, Call9’s co-founder and CEO, said the company’s approach to providing medical care in nursing homes through videoconferencing software was ahead of its time and moved faster than the health care industry itself.

“It wasn’t viable in the way that we did it,” Peck said. “We were very far ahead of the curve.” 
But according to people with knowledge of the company’s financing, a troubled relationship with one of its lead investors brought Call9 to a screeching halt. 

A healthy start

Call9 was founded in 2015 by Peck, an emergency room physician who had practiced at Beth Israel Deaconess Medical Center in Boston; Celina Tenev, a postdoctoral radiology fellow at Stanford; and XiaoSong Mu, a computer scientist. The company germinated at Y Combinator, a Silicon Valley launchpad for early-stage tech startups, before moving to New York.

Its business model was to embed clinicians, such as paramedics and EMTs, at nursing homes so they could respond to emergencies. When a patient needed help, the paramedics could use Call9’s software to connect by video-chat with a remote emergency-medicine physician. The doctor could then determine whether a patient needed to go to the hospital. 

The model was designed to attract nursing homes aiming to avoid sending patients on unnecessary trips to the hospital—which could result in an empty bed and penalties from Medicare. 

Its $24 million Series B round in 2017 attracted Redmile Group, a San Francisco–based investment firm that had previously focused on biotech companies. 

ArchCare, which runs the Mary Manning Walsh Nursing Home on the Upper East Side, was one of Call9’s early clients. Scott LaRue, ArchCare’s CEO, said he was impressed with Peck and Call9’s results. But the nursing home was able to get its patients’ hospitalization rates low enough on its own that paying the startup no longer made sense. 

“Their model wasn’t able to move the needle sufficiently to justify the ongoing expense,” LaRue explained. 

Call9 made money through insurance contracts that would reward the company when patients had improved health outcomes and spending fell. At least that was how it was supposed to work. 

Peck found that some insurance companies, including Aetna and UnitedHealthcare, didn’t want to create value-based contracts with a small group of doctors like Call9’s and preferred to reimburse in the traditional way by paying for each telemedicine visit provided. 

To accommodate those insurers, Call9 needed to allocate some of its team to focus on billing in the more traditional fee-for-service way, pulling it further from its goal of managing the health of a population of patients and earning money for positive outcomes. 

“We had to do services in a particular way that in no way brought value to our model,” Peck said. “We had to check very specific boxes to make sure we got paid.”

Redmile controlled a more than 50% interest in Call9 and could dictate its future direction. The investment firm encouraged the fee-for-service strategy.

Call9 was able to generate revenue, and the company grew to a network of 12 nursing homes around New York. But it ran low on money, thanks to increased spending on staff and other expenditures
In the spring the company’s cash fell below what it owed Western Technology Investment, its Silicon Valley–based lender, and WTI exercised its right to put a lien on Call9 in what Peck called a “friendly foreclosure.” Call9 never closed its potential Series C round.  

Turning things around

Investors take stock of closures like Call9’s, but billions continue to flow to health-tech companies. And there’s ample evidence the health-technology sector is not in a bubble, noted Bill Evans, managing director of Rock Health, a health venture fund that tracks investment in startups.

“It’s a hard lesson for the industry whenever something like that happens,” Evans noted. “My counsel to entrepreneurs is to be thoughtful of the timing of significant capital raises.” 

Peck plans to reopen the company under the name Call9 Medical with the backing of WTI. He said he is in discussions about a potential merger or acquisition but cannot yet disclose the partner. 

“We’ll start in a much larger network of nursing homes immediately and will also engage primary care physicians,” Peck said, “whereas before we didn’t.”

Call9 Medical is working with some of the investors and employees from the first iteration of the company, Peck said. (Call9’s early investors included Index Ventures, Moment Ventures and Refactor Capital.) 

Redmile will not be involved. A call to the investment firm was not immediately returned. 
WTI is counting on the new company to get paid on its debt.

“WTI really aligns themselves with the entrepreneur,” Peck said. “They aren’t going to make the money we owed them back unless we become successful.”

In venture capital investing, it seems hope springs eternal.


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