DOT OUT OF CONTROL IN DISABILITY PARKING PERMIT PROGRAM

Comptroller's Audit of DOT Process Reveals 22,000 Official Seals Missing

NEW YORK, NY - The New York City Department of Transportation (DOT) is not properly tracking its inventory and issuance of disability parking permits, according to an audit initiated by former Comptroller William C. Thompson, Jr. and just completed by Comptroller John C. Liu.  The poor controls in place could mean the issuance of thousands of fraudulent permits. 

"People with disabilities should be afforded opportunities and mechanisms to remain independent and contributing," Comptroller Liu said.  "One way we help is by allowing mobility-impaired individuals to park their cars at most curbsides on City-owned streets. The application process for these permits is rigorous, and necessarily so, according to the DOT.  Unfortunately, the agency's own procedures fall far short of rigorous.  This double standard sometimes creates an unreasonable burden for applicants, sometimes invalidates permits inadvertently, and leaves the City vulnerable to the issuance of fraudulent permits." 

The audit found that DOT's controls for its handling of permit seals is grossly deficient. Of the 100,500 permit seals reportedly on hand when the auditors performed a count, at least 22,000 -- or 22 percent -- were unaccounted for. This is problematic since fraudulent permits are easily created using these seals, and loose controls facilitate an environment where fraudulent permits could be issued without detection.  DOT officials generally agreed with the audit's recommendations, through they disagreed in part with the findings related to the missing seals. The audit had scrutinized a sample of 250 permits out of the 24,369 total City disability parking permits issued by the NYC DOT's Parking Permits for People with Disabilities (PPPD) unit during Fiscal Year 2008. 

Comptroller Liu credited H. Tina Kim, Deputy Comptroller for Audit, and her team in the Bureau of Management Audit for the findings, chief of which are: 

•             DOT's recordkeeping practices over its inventory of permit seals are grossly deficient.  With 22,000 seals unaccounted for, the potential for fraud is substantial, undermining DOT's efforts to ensure that only those who need and qualify for permits receive them and would also result in lost revenue to the City;  

•             DOT does not monitor the permits it generates, nor does it reconcile the generated permits with applicants' files to ensure that all printed permits are valid and warranted; 

•             PPPD personnel share user identifications and passwords in e-Permits (DOT's computerized processing system). As a result, DOT is unable to determine whether the applicants' medical certification assessment information was recorded only by authorized personnel;

•             Permits of living individuals were deactivated by the PPPD unit because DOT's match procedure to identify deceased permit holders is inadequate. 

The recommendations made by Comptroller Liu to the DOT include:

•             Conduct an immediate investigation to determine the disposition of 22,000 official seals that were unaccounted for, as identified in the report, and ensure that inventory records of the disability parking permit seals are accurately maintained and that all seals and their storage location are included in its inventory records;

•             Periodically monitor e-Permits data (e.g., compare permits issued to applications) to ensure the accuracy and legitimacy of the permits being issued;

•             Ensure that user identifications and passwords are not shared by its employees.  User-specific identifications should be created for each employee authorized to record the certification assessment information in the e-Permits system.

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75% Are Angry At Government's Current Policies

Monday, February 8, 2010

Voters are madder than ever at the current policies of the federal government.

A new Rasmussen Reports national telephone survey shows that 75% of likely voters now say they are at least somewhat angry at the government's current policies, up four points from late November and up nine points since September. The overall figures include 45% who are Very Angry, also a nine-point increase since September.

Just 19% now say they're not very or not at all angry at the government's policies, down eight points from the previous survey and down 11 from September. That 19% includes only eight percent (8%) who say they're not angry at all and 11% who are not very angry.

Part of the frustration is likely due to the belief of 60% of voters that neither Republican political leaders nor Democratic political leaders have a good understanding of what is needed today. That finding is identical to the view last September, just after the tumultuous congressional town hall meetings the month before. But only 52% felt this way in November.

Americans are united in the belief "that the political system is broken, that most politicians are corrupt, and that neither major political party has the answers," Scott Rasmussen explains in his new book, In Search of Self-Governance.

Male voters are definitely angrier than women. Voters earning $60,000 to $100,000 per year are more frustrated than those in any other income group.

Eighty-nine percent (89%) of Republicans are angry with the government's current policies, which is perhaps not surprising with the White House and Congress both in Democratic hands. But 78% of voters not affiliated with either major party agree.

Sixty-one percent (61%) of Democrats share that anger, but Republicans are three times as likely as Democrats to be Very Angry.

The divide between the Political Class and Mainstream voters, however, is remarkable. Eighty-eight percent (88%) of Mainstream voters are angry, but 84% of the Political Class are not. Those numbers include 57% of Mainstream voters who are Very Angry and 51% of the Political Class who are not angry at all.

But then 68% of Mainstream voters don't think the leaders of either major political party have a good understanding of what the country needs today. Sixty-one percent (61%) of the Political Class disagree.

By comparison, the majority of Republicans, Democrats and unaffiliateds don't believe the current political leaders have a good handle on what is needed today.

Older voters and higher-income voters share that belief most strongly.

Democratic Senate candidates are struggling in a number of states in part because of unhappiness with the government's policies, including the controversial national health care plan. Opposition to that plan played a key part in the GOP upset Senate win last month in Massachusetts.

Most voters oppose the now-seemingly-derailed health care plan proposed by President Obama and congressional Democrats for months. They continue to have very mixed feelings about the $787-billion economic stimulus plan approved by Congress last February.

Looking back, most voters still don't approve of the multi-billion-dollar government bailouts of the financial industry and troubled automakers General Motors and Chrysler.

Forty-nine percent (49%) worry the government will try to do too much to help the economy, while 39% fear it won't do enough.

As the economy continues to stumble along, 59% of voters believe cutting taxes is better than increasing government spending as a job-creation tool, but 72% expect the nation's elected politicians to increase spending instead.

Eighty-three percent (83%) of Americans say the size of the federal budget deficit is due more to the unwillingness of politicians to cut government spending than to the reluctance of taxpayers to pay more in taxes.

Voters have consistently said for months that they have more confidence in their own economic judgment than that of either the president or Congress.

The United States and the European Union condemn the continuing human rights violations in Iran since the June 12 election. The large scale detentions and mass trials, the threatened execution of protestors, the intimidation of family members of those detained and the continuing denial to its citizens of the right to peaceful expression are contrary to human rights norms.

Our concerns are based on our commitment to universal respect for human rights. We are particularly concerned by the potential for further violence and repression during the coming days, especially around the anniversary of the Islamic Republic's founding on 11 February. We call on the Government of Iran to live up to its international human rights obligations, to end its abuses against its own people, to hold accountable those who have committed the abuses and to release those who are exercising their rights.

WASHINGTON - In this week's address, President Barack Obama said that America's small businesses are key to rebuilding the economy on a new, stronger foundation and creating jobs. He called on Republicans and Democrats in Congress to pass - without delay - a series of proposals that will help American small businesses thrive.  These proposals include using $30 billion in TARP funds to create a new Small Business Lending Fund to provide capital to community banks to increase lending to small businesses, offering a new tax credit for over one million small businesses that hire new workers or raise wages, and providing targeted support for the most innovative small businesses with the potential to export new goods and products.

The audio and video are available online at www.whitehouse.gov.

Remarks of President Barack Obama
As Prepared for Delivery
Weekly Address
February 6, 2010

Even though our economy is growing again, these are still tough times for America.  Too many businesses are still shuttered.  Too many families can't make ends meet.  And while yesterday, we learned that the unemployment rate has dropped below ten percent for the first time since summer, it is still unacceptably high - and too many Americans still can't find work. 

But what we must remember at a time like this is that we are not helpless in the face of our difficulties.  As Americans, we make our own destiny.  We forge our own path.  And I am confident that if we come together and put aside the politics that keeps holding us back, we can do that again.  We can rebuild this economy on a new, stronger foundation that leads to more jobs and greater prosperity.

I believe a key part of that foundation is America's small businesses - the places where most new jobs begin. 

These companies represent the essence of the American spirit - the promise that anyone can succeed in this country if you have a good idea and the determination to see it through.  And every once in awhile, these ideas don't just lead to a new business and new jobs, but a new American product that forever changes the world.  After all, Hewlett Packard began in a garage.  Google began as a simple research project. 

Government can't create these businesses, but it can give entrepreneurs the support they need to open their doors, expand, or hire more workers.  And that's what we've always done in this country.  The folks at Southwest Windpower in Flagstaff, Arizona started their company in a small home.  Since getting a loan from the Small Business Administration, they've sold 160,000 wind turbines to about 90 different countries, and are hiring even more workers today.  When Sam Ko walked into one of the SBA's small business development centers in Illinois, he didn't have any business experience at all - just a patent for a new metal manufacturing technology.  He was given a loan and a business plan, and today his company is still growing, with offices all over the Midwest. 

Last year, the steps we took supported over 47,000 loans to small businesses and delivered billions in tax relief to small business owners, which helped companies keep their doors open, make payroll, and hire workers.  But we can and must do more.  That's why I've proposed a series of steps this week to support small business owners and the jobs they create - to provide more access to credit, more incentives to hire, and more opportunities to grow and sell products all over the world. 

Because financing remains difficult for good, credit-worthy small businesses across the country, I've proposed that we take $30 billion from the TARP fund originally used for Wall Street and create a new Small Business Lending Fund that will provide capital for community banks on Main Street.  These are the small, local banks that will be able to give our small business owners more of the credit they need to stay afloat.  We should also continue to waive fees, increase guarantees, and expand the size of SBA-backed loans for small businesses.  And yesterday, I proposed making it easier for small business owners to refinance their mortgages during these tough times.

To give these companies greater incentives to grow and create jobs, I've proposed a new tax credit for more than one million small businesses that hire new workers or raise wages, as well as the elimination of all capital gains taxes on small business investment. 

Finally, we should provide targeted support to the most innovative small businesses - the ones with the greatest potential to export new goods and products all over the world.  A lot of these companies - like the wind turbine manufacturer I mentioned - are the foundation on which we can rebuild our economy to compete in the 21st century.  They just need a little help securing the financing they need to get off the ground.  We have every incentive to help them do that. 

Next week, Congress will start debating many of these proposals.  And if anyone has additional ideas to support small businesses and create jobs, I'm happy to consider them.  My door is always open.  But I urge members of both parties:  do not oppose good ideas just because it's good politics to do so.  The proposals I've outlined are not Democratic or Republican; liberal or conservative.  They are pro-business, they are pro-growth, and they are pro-job.  Leaders in both parties have supported similar ideas in the past.  So let's come together and pass these measures without delay.  Let's put more Americans back to work, and let's give our small business owners the support to do what they've always done:  the freedom to pursue their dreams and build our country's future.  Thanks for listening. 

EPA, Philadelphia Zoo sponsor Earth Day Poster Contest

PHILADELPHIA -- The U.S. Environmental Protection Agency and the Philadelphia Zoo are sponsoring an Earth Day poster contest for students in grades kindergarten through 12 in EPA's mid-Atlantic region, which includes Delaware, Maryland, Pennsylvania, Virginia, West Virginia and the District of Columbia

Students are invited to submit hand-created drawings on plain letter-sized paper using markers, colored pencils, crayons, pens or paint. Computer-generated images will not be accepted.Students can choose one of the three themes:

Protect Habitats, Endangered Species

Help Protect the Earth from Climate Change

The Meaning of Earth Day

Earth Day Poster Contest (3PA00)

U.S. EPA Region 3

1650 Arch Street

Philadelphia, PA 19103

The back of the poster should include the competition theme, name, age, school name, grade, parent/guardian's name, address, telephone number and email.

For more information, visit:

Cousins Products, LLC, Issues An Allergy Alert On Undeclared Egg, Soy, And Wheat In Spinach Vinaigrette

FOR IMMEDIATE RELEASE -- Cousins Products, LLC, of Covington, LA is voluntarily recalling the following Spinach Vinaigrette in 16 oz. jars.

This product is being recalled because it contains egg, soy, and wheat, and was distributed in packaging that did not reveal the presence of these ingredients. The product is manufactured using bread crumbs which contain these allergens. People who have an allergy or severe sensitivity to egg, soy, or wheat run the risk of a serious or life-threatening allergic reaction if they consume these products.

This product was distributed through retail establishments in Louisiana and southern Mississippi and through internet sales to Texas, Florida, Illinois and Virginia from June 2009 until present.

There have been no reported illnesses to date.

The above omission was found during a routine inspection performed by the Louisiana Department Health and Hospitals, Office of Public Health, Food & Drug Unit.  Distribution of these products has been suspended while we correct the labels to include all ingredients.

Consumers who have questions or purchased the product may contact Jack Cousins at 985-871-8797, Tuesday-Thursday, 10 am - 2 pm, for information and return instructions. 

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Game Day: 62% Plan To Watch Super Bowl XLIV

Sunday, February 7, 2010

Sixty-two percent (62%) of Americans plan to watch the Indianapolis Colts and the New Orleans Saints slug it out today in Super Bowl XLIV.

Thirty percent (30%) say they won't be watching the game in Miami, according to a new Rasmussen Reports national telephone survey. Another nine percent (9%) aren't sure if they'll watch or not.

Men will be watching more than women. Adults ages 18 to 39 will be watching the big game more than their elders.

Colts fans are much more optimistic than those who are pulling for the Saints. Among all Super Bowl watchers, 49% predict the Colts will win while 38% expect the Saints to take the Lombardi Trophy home to the Crescent City.

Among those who watch football on a regular basis, expectations are even higher for the Colts to win.

Interestingly, though, most watchers (54%) would rather see the Saints win. That's true of both football fans and those who are just watching the Super Bowl.

Seventy-four percent (74%) of Super Bowl watchers will be tuning in from home. Eighteen percent (18%) plan to watch at the home of a friend or relative. Three percent (3%) will catch the game at a sports bar or restaurant, and five percent (5%) plan to be at some other location.

No matter where they see the game, though, just 13% plan to wear their favorite team's colors.

Forty-three percent (43%) figure they'll drink a beer or some other alcoholic beverage while watching, but 50% say they won't.

Only 17% plan to bet on the game, but over half of those folks plan to put some serious money down as a wager.

It's pretty to safe to assume that that group will be among the 49% who say they'll be watching the game "intensely." But for nearly as many (44%), the Super Bowl is mostly a social occasion. Fifty-nine percent (59%) of men will be glued to what's going on on the field, but most women (54%) will be socializing instead.

Thirty-five percent (35%) of all viewers, in fact, find the commercials during the game more interesting than the Super Bowl itself, although 57% say the game's more interesting. Again, there's a notable gender gap: For 73% of men, the game's the thing, but a plurality (49%) of women viewers find the commercials of more interest.

The commercial that's generating the most controversy so far this year is one featuring Tim Tebow, the Heisman Trophy-winning quarterback from the University of Florida. Forty-five percent (45%) of Super Bowl watchers agree with CBS' decision to run a pro-life advertisement featuring Tebow during the game, but 30% oppose that decision.

Sixty-one percent (61%) plan to watch the halftime show featuring British rock superstars The Who, but game watchers have mixed feelings about whether the band was a good choice for the halftime slot. Those who watch football on a regular basis are less excited about the choice. The generation gap of the 60s lives on--baby boomers tend to like the selection of The Who much more than their elders.

Most (54%) of those who plan to check out the game predict that it will be decided by less than 10 points. Seventy-four percent (74%) are hoping for a close game.

And when it's all over, only 16% think they will be at least somewhat depressed if their team doesn't win. Forty-seven percent (47%) say they won't be depressed at all, regardless of the outcome.

  ATTORNEY GENERAL CUOMO FILES FRAUD CHARGES AGAINST BANK OF AMERICA, FORMER CEO KENNETH LEWIS, AND FORMER CFO JOSEPH PRICE

Suit Alleges Bank of America's Top Management Hid Skyrocketing Losses at Merrill Lynch

Bank of America Management Manipulated Federal Government into Granting Massive Taxpayer Bailout

NEW YORK, NY -- Attorney General Andrew M. Cuomo, joined by Special Inspector General for the Troubled Asset Relief Program Neil Barofsky, today announced a lawsuit against Bank of America, its former CEO Kenneth D. Lewis, and its former CFO Joseph L. Price for duping shareholders and the federal government in order to complete a merger with Merrill Lynch. According to the lawsuit, Bank of America's management intentionally failed to disclose massive losses at Merrill so that shareholders would vote to approve the merger. Once the deal was approved, Bank of America's management manipulated the federal government into saving the deal with billions in taxpayer funds by falsely claiming that they would back out of the deal without bailout funds.

"This merger is a classic example of how the actions of our nation's largest financial institutions led to the near-collapse of our financial system," said Attorney General Cuomo. "Bank of America, through its top management, engaged in a concerted effort to deceive shareholders and American taxpayers at large. This was an arrogant scheme hatched by the bank's top executives who believed they could play by their own set of rules. In the end, they committed an enormous fraud and American taxpayers ended up paying billions for Bank of America's misdeeds."

"The events surrounding the Bank of America/Merrill Lynch merger and the United States Government's investment in Bank of America through the Troubled Asset Relief Program are an important part of the history of the financial crisis," said Special Inspector General Neil Barofsky. "Attorney General Cuomo and his staff, working hand in hand with the law enforcement agents of SIGTARP, quickly identified the important shareholder and taxpayer interests at stake in the disclosures surrounding the merger and meticulously pieced together the evidence that supports the historic charges filed today. The close partnership between the New York Attorney General's Office and SIGTARP in this case stands as a tremendous example of how well the public's interests can be served through effective State and Federal coordination, and should send a powerful message that we will work tirelessly to hold accountable those who have engaged in misconduct relating to the response to this National crisis."

Bank of America announced its plan to buy Merrill Lynch on September 15, 2008 and a shareholder vote to approve the transaction was scheduled for December 5, 2008. However, by the day of the shareholder vote, Merrill had incurred disastrous actual losses of more than $16 billion. Bank of America's top management, including CEO Lewis and CFO Price, knew about these massive losses and that additional losses were forthcoming. Despite the fact that this information would be important to shareholders, the bank's management chose not to disclose this information so that shareholders would approve the merger.

After shareholders approved the deal, Lewis then misled federal regulators by telling them that the bank could not complete the merger without an extraordinary taxpayer bailout due to accelerated losses from Merrill. However, between the time that the shareholders had approved the deal and the time that Lewis sought a taxpayer bailout, Merrill's actual losses had only increased by another $1.4 billion. The bank also threatened federal officials that they would terminate the merger agreement based on a material adverse change in Merrill's financial condition, even though the bank knew that such an attempt would likely be futile.

As a result of their efforts, Bank of America received more than $20 billion in taxpayer aid. The bank's management cannot explain why they did not disclose Merrill's massive losses to shareholders even though the merger with Merrill would have threatened the bank's very existence if there had been no taxpayer bailout.

Furthermore, the lawsuit alleges the following:

• Shortly before the shareholder vote, Price ignored a warning from the bank's Corporate Treasurer, Jeffrey Brown, who told Price that, "I didn't want to be talking [about Merrill's losses] through a glass wall over a telephone."
• The bank's management failed to tell shareholders that it was allowing Merrill to pay $3.57 billion in bonuses. The amount, criteria, and timing of the bonus payments were omitted from the proxy. The bonuses were distributed in a manner that was completely inconsistent with Merrill's prior practice, and in the worst year in Merrill's history.
• The bank's management did not tell the bank's lawyers about the full extent of Merrill's losses before the shareholder vote. For example, the bank's former General Counsel, Timothy Mayopoulos, was intentionally mislead about the size and nature of Merrill's losses. After the shareholder vote, when Mayopoulos learned of the actual losses, he attempted to confront Price but was summarily terminated.
• In the course of the Attorney General's investigation, Lewis and other executives misled investigators about their conduct during and after the shareholder vote.

In the process of acquiring Merrill Lynch, Bank of America's management intentionally misled its shareholders, its Board of Directors, its lawyers, and United States taxpayers. The lawsuit filed today in New York State Supreme Court seeks monetary relief and injunctions from Bank of America, Lewis, and Price.

The Attorney General thanked Special Inspector General for the Troubled Asset Relief Program Neil Barofsky and his staff for their partnership and hard work throughout the investigation. The Attorney General also thanked the Securities and Exchange Commission ("SEC") and noted that today the SEC is announcing a proposed corporate settlement with Bank of America (See SEC Lit. Release #21407). Cuomo stated, "I support the SEC's proposed settlement of its pending actions against Bank of America. The corporate governance provisions of that settlement are important reforms for Bank of America and ensure that safeguards against future violation of the law will be implemented immediately and will not have to await the conclusion of the case we are filing today."

The investigation was conducted by Assistant Attorneys General Vicki Andreadis, Thomas Teige Carroll, Pamela Lynam Mahon, Christopher Mulvihill, and Ethan Zlotchew, under the supervision of Special Deputy Attorney General for Investor Protection David A. Markowitz.

A copy of the lawsuit can be found at: www.ag.ny.gov/media_center/2010/feb/BoA_Complaint.pdf