I recently read this article and I like to read everything from all sectors because I have always learned: “Para que no me cuenten.” I thought I would like to share it with many of my readers. It is Mr. Fortuños plea to congress for Puerto Rico’s statehood. For those of us who don’t agree with the folks from the statehood party, it is always interesting to know their positions. Read on and comment:
http://www.huffingtonpost.com/jaime-fortuno/will-congress-tell-puerto_b_553544.html
ATTORNEY GENERAL CUOMO SUES PEDRO ESPADA, JR. AND PEDRO G. ESPADA FOR FRAUDULENT AND ABUSIVE LABOR PRACTICES
Espadas Created a Sham Job Training Program to Cheat Workers, Maximize
Profits, and Shortchange Taxpayers
NEW YORK, NY (April 28, 2010) – Attorney General Andrew M. Cuomo today
filed a lawsuit against Senate Majority Leader Pedro Espada, Jr. and his
son, Pedro G. Espada, for violating labor laws by creating a sham job
training program that cheated workers and shortchanged State coffers.
The lawsuit alleges that Senator Espada created a personally owned,
for-profit management company, Espada Management, as a vehicle to siphon
money from Comprehensive Community Development Corporation
(“Soundview”), the Bronx-based not-for-profit where Espada is
founder and CEO. The money flowed from Soundview to Espada Management,
run by Pedro G. Espada, by means of a contractual arrangement that
called for Espada Management to supply janitors for the Soundview
medical clinics.
The lawsuit alleges that Senator Pedro Espada, Jr. and Pedro G. Espada
devised and operated a sham job training program to minimize costs and
maximize profits at Espada Management. The program mischaracterized
workers as trainees who were then paid wages that were far below what
New York State law requires. The trainees typically worked for a two
week period with little training or direction and performed tasks such
as cleaning bathrooms, mopping floors, and sweeping – the same tasks a
full-time janitor performed. During the program, the workers were paid
a fraction of the wages mandated by law, some making less than $70 per
week, or the equivalent of under $1.70 per hour. Paychecks were signed
by either Senator Espada or his son.
“This was a sham job training program pure and simple with workers
receiving no training and getting virtually no jobs,” said Attorney
General Cuomo. “Espada ripped off his own community in order to
maximize the amount of money he could siphon out of the Soundview
clinic, according to our Complaint. The Espada business model at
Soundview appears to have been based on lies and deceit, abusing
hardworking people for profit and cheating the state out of tax
dollars.”
The lawsuit alleges that the workers were lured into the program with
false promises of potential jobs and job training, but in the end, most
were just replaced by other trainees, also making below minimum wage.
Since 2005, at least 100 workers have been victimized by this program.
At the end of the program, trainees received a “Certificate of
Completion of Healthcare Maintenance Internship.” The certificates
were signed by Pedro G. Espada and were “for Fulfillment of JCAHO
standards maintenance training program.” The lawsuit alleges that
these certificates are worthless and misleading. The initials
“JCAHO” on the certificate stand for the “Joint Commission
on Accreditation of Healthcare Organizations.” That organization knew
nothing of the Espadas’ program, did not authorize its name to any
such program, did not provide or publish standards for janitorial
services that might be the subject of a training program, and has no
curriculum whatsoever that would support such a program.
The lawsuit also alleges that permanent employees of the janitorial
company were not paid proper overtime wages, and, in some cases, were
not paid for any of the overtime hours that they worked.
The Attorney General’s lawsuit alleges the Espadas have not only
cheated employees, but have short-changed New York State as well.
According to the lawsuit:
● No pay stubs existed.
● No state unemployment taxes were paid.
● No tax deductions were made as required by law.
● Workers’ Compensation coverage was not obtained.
The lawsuit seeks, among other things, to:
● Order the defendants to pay restitution and damages for unpaid
wages.
● Award interest as allowed by law.
● Order Defendants to implement new policies to prevent abuse of
workers.
● End the janitorial training program.
Senator Espada founded Espada Management in 2007. Pedro G. Espada, who
is also an employee of Soundview, was put in charge of the company when
it began operations in 2008. A bidding process was then rigged to
ensure that Soundview would award Espada Management with a contract to
perform janitorial work. That contract is worth almost $400,000
annually. In 2008, Pedro G. Espada earned more than $150,000 from
Espada Management and from Soundview.
The civil lawsuit was filed today in the Supreme Court of the State of
New York, New York County. The civil lawsuit alleges the defendants
violated Sections 195, 652, and 661 of New York State Labor Law by
willfully failing to pay minimum wages and failing to maintain proper
employment records. The lawsuit also alleges the all the defendants
violated Sections 142-2.2, 142-2.4 and 142.2-of the New York Codes,
Rules, and Regulations. Finally, the lawsuit also alleges that the
conduct at issue represented a persistent and repeated illegality in
violation of NY Executive Law Section 63(12).
BACKGROUND INFORMATION
Last week, Attorney General Cuomo filed a lawsuit filed against Senator
Espada for diverting Soundview’s charitable assets and using the money
for himself, his family, his friends, and his political operation.
Nineteen current and former officers and directors of Soundview are also
named in the lawsuit. The lawsuit alleges that in the past five years,
Senator Espada has siphoned more than $14 million out of Soundview,
including an unconditionally guaranteed severance package worth an
estimated $9 million that was put into a contract signed in 2005. The
lawsuit seeks to permanently remove Senator Espada and current CFO
Kenneth Brennan as officers of Soundview and, similarly, to remove all
of Soundview’s directors from the Board. The lawsuit also seeks
restitution from Senator Espada.
Also last week, the Attorney General served the New York State Senate
with a subpoena calling for the production of records related to ten
Senate employees who also served on the board or were employed or
retained by Soundview or its affiliated companies. The subpoenas seek
records pertaining to application and hiring, time and attendance, as
well as travel and expenses for the Senate personnel.
Additionally, last week investigators from the Attorney General’s
office, the Federal Bureau of Investigation, and the Internal Revenue
Service executed a search warrant on Soundview as part of an ongoing
criminal probe.
The lawsuit is available at www.ag.ny.gov.
The investigations into Senator Espada and Soundview are ongoing.
This case is being handled by Assistant Attorney General Nathan Reilly,
Assistant Attorney General Mina Kim, and Chief of the Labor Bureau
Patricia Kakalec.
Contact: Miguel Santana at sssantana@optonline.net.
WHY WE ARE…
The impetus in creating Bronx for Change stems from a growing chorus of disaffection regarding our public services, political representation and practices throughout our beloved borough, thus arresting the development of the electorate. As such, Bronx for Change is led by Bronxites unwilling to be indifferent to this REALITY.
PURPOSE STATEMENT…
Our purpose is to: develop future leaders, fill voids and address issues. We aim to awaken our waning democratic participation by empowering fellow Bronxites and sharing knowledge based on: what it takes to organize campaigns; discuss issues that adversely affect our livelihoods, communities and its’ impact on public policies through workshops, seminars and forums.
It is our responsibility, then, to go beyond the call of duty by offering alternatives to the status quo. We believe in the will of the people and the collective might to secure a better life in The Bronx.
What we think, how we care and the way we fight is significant to our cause. This is why we invite you to be an active member and contributor by joining the Bronx for Change movement! People – when united in large numbers – can effect the change desired. That change starts with your hearts and minds.
When we organize, when we get involved, when we stand up and when we speak out, we create a power that no one can suppress or marginalize.
VISION…
Our Vision is to Empower the Powerless, Inspire the Voiceless and Initiate Social, Economic and Political Justice for All!
We pledge to:
* Effect positive change through volunteer action: big or small
* Make a difference in the lives of children, adults and the elderly
* Recognize and honor commitment to service
* Give of oneself to empower the giver and the recipient
* Engage the youth to help shape our community’s future
GRASSROOTS TRAINING FOR “BRONXITES”…
* Do You Feel Your Community’s Needs Are Not Being Met?
* Do You Feel the Need for New Leadership in Bronx County?
* Are You or Anyone You Know Interested in Running for Public Office?
* Ran Once and Need More Ideas?
* Want to Help Someone Win?
If you answered YES to any of the above questions, then invite us to train you and your organization on “How to Break into Politics.”
BENEFITS OF TRAINING…
This basic training will combine experienced trainers, stimulating exercises, case studies and interactive simulations. We are counting on YOU to organize around issues that matter, help build capacity in your community and encourage like-minded leaders to get
involved.
* Leaders will gain awareness and knowledge
* Leaders will learn valuable team building skills
* Leaders will know how to organize basic trainings
Again, if you or your organization would like to learn how to break into politics, then feel free to email us at BronxForChange@gmail.com to arrange a training session.
A CALL TO ACTION…
We ask that you share your creative vision to further develop Bronx for Change. Help us shape this group and agenda.
Your Ideas, Your Bronx!
This case was being followed by many Latino immigration activist as well as many in the community as a meter of anti-immigrant hate crimes that have been growing throughout the country. The fact that the jury came back with a “guilty” sentence is a relief, however, the fact that they did not find the attacker guilty of 2nd degree murder is telling as well. Read and be aware that America, “Land of the Free” is slowly becoming the “land of anti-immigrant sentiments” that need to be addressed. If you are Puerto Rican, or Chicano, or any Latino born in this country you might believe that this does not apply to. We urge you to re-think and beware. Ignorant, vigilante hate groups don’t go around asking information, they just react out of fear that transform itself into a vicious violence against a color, a spoken Spanish word, or a way of dress. Therefore, get involved and help fight against this anti-immigrant sentiment.
By Manny Fernandez
New York Times (April 19, 2010)
RIVERHEAD, N.Y. – The Long Island teenager accused of stabbing and killing an Ecuadorean immigrant in a racially motivated attack was convicted on Monday of manslaughter as a hate crime, a less serious crime than the initial murder charge – saving him from spending the rest of his life behind bars.
Seventeen months after the stabbing in 2008 and 24 miles from the parking lot in Patchogue where the victim left a 370-foot trail of blood, the jury forewoman rose in State Supreme Court here to read the verdict, ending four days of deliberations. The teenager, Jeffrey Conroy, was found guilty of first-degree manslaughter as a hate crime in connection with the death of the immigrant, Marcelo Lucero, and guilty of attempted assaults on three other Hispanic men. He was acquitted of the most serious of the 20 charges against him, second-degree murder as a hate crime.
On the manslaughter charge alone, Mr. Conroy, 19, faces a minimum of eight years and a maximum of 25 years when he is sentenced on May 26. As the verdict was read, the courtroom was virtually silent. When Mr. Conroy sat down, he bowed his head for a few moments.
Mr. Lucero’s death had become a symbol of the anti-Hispanic harassment and assaults that Latinos on eastern Long Island said they had been victims of for years, and it helped spark an ongoing federal investigation into the Suffolk County Police Department’s handling of reports of racially-motivated attacks against Hispanics. The Lucero family and their supporters, including a representative of the Ecuadorean government’s National Department of the Migrants, had expressed confidence in recent days that the prosecution had indeed proven that Mr. Conroy was guilty of murder.
The verdict came 11 days after Mr. Conroy took the stand to proclaim his innocence and blame the stabbing on another teenager, the most dramatic and puzzling moment in a trial that began nearly seven weeks ago with jury selection on March 2. Mr. Conroy said that moments after the stabbing, the other teenager, Christopher Overton, told him that he was the one who stabbed Mr. Lucero and had asked him to take the knife.
At the time, Mr. Overton was out on bail awaiting sentencing on a felony conviction for a 2007 home-invasion burglary in which the homeowner was shot and killed. Mr. Conroy said Mr. Overton told him, “I’ll be screwed if I get caught.”
Mr. Conroy testified that his five-page written confession to the police, in which he admitted stabbing Mr. Lucero as part of an attack he carried out with six friends, was a lie. He said in court that he lied to protect Mr. Overton, whom he had met for the first time earlier that evening, and because he did not realize at the time he was being questioned by the police that Mr. Lucero had died.
The 12-member jury was made up of seven men and five women. One was black, one was Hispanic and the rest were white.
The jury’s manslaughter verdict meant that they had agreed with one of the arguments made by Mr. Conroy’s lawyer – that his client did not intend to kill Mr. Lucero – and discounted the prosecution’s allegation that Mr. Conroy stabbed him in the chest seeking not to injure but to kill. To convict Mr. Conroy of second-degree murder, the jury had to have found that he intended to kill Mr. Lucero, and to convict on first-degree manslaughter, they needed to find that Mr. Conroy caused Mr. Lucero’s death while intending to cause only serious physical injury, not death.
Mr. Lucero was stabbed once in the chest, and the knife did not penetrate the chest cavity, did not strike any major organs and ran parallel to the skin, cutting his right axillary artery and an adjacent large vein.
In his closing argument, Mr. Conroy’s lawyer, William Keahon, told the jury that if Mr. Conroy had intended to kill Mr. Lucero, then there should have been multiple stab wounds, and Mr. Lucero would not have been allowed to walk away as the altercation ended, as he did, though the lead detective in the case described it earlier in the trial not as walking but as staggering away. In her summation, the Suffolk County assistant district attorney prosecuting the case, Megan O’Donnell, said that Mr. Conroy’s intent to kill was evident, because the entire blade went into Mr. Lucero’s chest area and was stopped only by the handle, and because the knife went in, came partially out and went back in, in two separate thrusts.
Prosecutors said Mr. Lucero, a 37-year-old worker at a dry cleaning shop from Gualaceo, Ecuador, was surrounded and attacked by Mr. Conroy and six other teenagers in a parking lot of the Long Island Rail Road train station in Patchogue shortly before midnight on Nov. 8, 2008. Mr. Lucero and his friend were walking to another friend’s house. Mr. Conroy and his six friends were out walking, too, on the hunt, prosecutors said, for Hispanic men to beat up, a frequent activity that they referred to as “Mexican hopping” and “beaner hopping.”
Mr. Lucero took off his belt and began swinging it after one of the seven teenagers punched him in the face. Mr. Conroy said in his written statement to the police that the belt struck him on the head, and, as Ms. O’Donnell said, Mr. Conroy lunged at Mr. Lucero with a knife because he was angry and because Mr. Lucero had the audacity to fight back. Mr. Lucero died of a stab wound to the chest about an hour later.