Why Mitt Romney used a Swiss bank account and off shore investments

January 28, 2012

By Steven Greer, MD   BatteryPark.TV

When Mitt Romney was booed during the South Carolina GOP debates for not releasing his tax returns, and then finally released just his 2010 results, the press focused on Mr. Romney’s low absolute tax rate near 14%. However, what interested me as a former hedge fund portfolio manager more was his exceptional rate of return on what he described as “mutual funds and bonds in a blinded trust fund”. That seems pretty like some “plain vanilla” investing, yet he earned approximately a 14% return on investment (ROI), depending on the estimate for “total assets under management” one uses. Many of the best hedge funds in the world did not do that well in 2010, so I became interested and analyzed it in more detail.

I used to run my own small hedge fund, and later became the global healthcare portfolio manager for Merrill Lynch’s internal $10 Billion hedge fund. Mr. Romney’s tax returns demonstrate the sophisticated tax minimizing techniques used by complex hedge funds. He posted five different tax forms from 2010 on his campaign web site. On his joint return with his wife, he reported $21,661,344 in Income. All of that was derived from investment returns, with the exception of $528,871 in publishing and speaking fees. The joint couple paid nearly $3 million in taxes, or less than 14% of their $21.6 million income.

Although Mr. Romney is wealthy, he does have something in common with millions of Americans struggling in this five-year-long depression: he too is unemployed it seems. Mr. Romney cannot call anywhere his place of employment other than his speaking engagement company.

In order to determine the return on investment (ROI) for Mr. Romney’s pool of assets, one needs to know the assets under management to use as the denominator. The tax forms do not list that number, but in an interview, Mr. Romney said that he owns, “Between $150 and about $200 some-odd million dollars, I think that’s what the estimates are.” Aside from the fact that his degree of error in estimating his net worth is far larger than most American’s entire lifetime of earnings, by factors of ten, this means that his 2010 ROI ranged from between 11% and 14%.

How well did Mr. Romney’s stock brokers at Goldman Sachs, where he “prime brokers” most of his equities, do at investing in his “blind trust”? In 2010, some of the smartest hedge fund managers earned well less than 10%, and the overall average was 10.2%. So, his Goldman Sachs money managers beat the hedge funds. However, the overall markets gained 12.8 percent (S&P 500 index). The average long-only mutual fund rose 17.48 percent, according to data from Lipper Inc and Reuters reports. So, Mr. Romney’s ROI was a bit inferior to many mutual funds.

The complex global network of accounts used by Mr. Romney has been criticized in the press since he released his tax documents. Some have also questioned whether he was truly “blinded” and unaware of the investments being made. I spoke with a tax expert at the Georgetown University Law Center, John Buckley, J.D.

I asked him what legitimate reasons an American citizen living in The United States would have for opening a Swiss bank account. He replied “U.S. citizens who do not live in Switzerland, typically have Swiss bank accounts for one reason: to hide assets and/or income.” Recall, in 2009, the Justice Department sued UBS, the largest Swiss bank, to obtain the names of 52,000 names kept secret from the IRS and suspected of tax evasion. Mr. Buckley said, “I do not know whether (Romney) had his account at UBS.” According to the LA times, Mr. Romney failed to report this Swiss bank account in his presidential financial disclosure forms. Even conservative commentator Lou Dobbs could not justify Mr. Romney’s Swiss bank account when asked about it by Bill O’Reilly.

The other complex financial tool used by Mr. Romney to reduce his tax burden was to shield investments in hedge funds from the IRS by using Cayman Island and other off shore funds. These are known as “blocker” accounts according to Mr. Buckley. He explained, “Normal IRA accounts in mutual funds or individual stocks have tax deductions. However, hedge funds that use borrowed margin, or leverage, are not considered tax deducted IRA accounts. Therefore, one can invest in Cayman Island accounts to avoid taxes.” Given that Mr. Romney only released his 2010 tax forms, Mr. Buckley speculated whether the infamous Swiss bank account was listed in previous years tax forms.

The legalities of Mitt Romney’s “blind trust” are also uncertain. Mr. Buckley said that since Romney’s personal lawyer is also the administrator of the blinded trust, it raises obvious questions of the strength of that Chinese wall.

One can imagine now some good zingers that the loquacious President Obama could use this fall on the campaign trial. For example, he might say, “Mitt Romney lives off of his trust fund and does not need to work. He knows nothing about job creation. His Bain capital days caused thousands of people to lose their jobs”. Or, he could say, “Mitt Romney is a Swiss bank account Cayman Island Wall Street loving fat cat. I am reforming Wall Street.”

Any of those comments will score well in Nevada, Ohio, California, and other swing states with double digit unemployment. Mitt Romney would be forced to stutter a defense, such as, “Uggh. Uggghh. President Obama wants to punish success. I earned my money.”

Yes. President Obama could pull a brilliant Jiu-Jitsu move and actually make the bad economy a positive campaign rally if he ran against Mitt Romney.

While all of this shell gaming of assets used by the wealthy to reduce tax burdens is mostly legal, it is very foreign to almost all Americans. Moreover, the use of Swiss bank accounts is flat out tax fraud and illegal in most cases.

The “establishment” Republican party to which Newt Gingrich refers is placing their best bets on Mitt Romney to defeat Barack Obama because the current polls indicate that the two match up evenly in a head-to-head race. Romney is their manifest destiny candidate. They are literally panicked now that Gingrich is viable.

However, the Obama campaign over the next ten months could effectively portray Mitt Romney as an unemployed, out of touch with America, Wall Street loving, trust fund living, tax evader. That could likely be an effective and lethal strategy. Newt Gingrich, on the other hand, being guilty only of taking a few millions (small potatoes) as a “lobbyist”, would possibly be able to portray himself as an anti-establishment Tea Party crusader with an unimportant series personal marriage disasters (with a popular Vice President female running mate).

The same old-school GOP voices supporting Mitt Romney so desperately now in 2012 are the very same ones who allowed Barack Obama to win the 2008 election, and the Democrats to take over the House and Senate. Will Karl Rove, Tom DeLay, John McCain, or Bob Dole come through again and help President Obama win a second term, despite high unemployment and an economic depression? Stay tuned.

(Dr. Greer is a former Wall Street financial “sell side” analyst at Donaldson Lufkin and Jenrette, Credit Suisse, and portfolio manager for Merrill Lynch. He is the founder of The Healthcare Channel, CurrentMedicine.TV, and BatteryPark.TV, and frequently contributes to NPR, The WSJ, CNBC, and Fox News)

George’s diner closed after owner films health inspector during inspection

(In full screen 1080i HD)

Update: January 9, 2012

George’s diner was re-inspected today by the city health inspector. Two inspectors were sent,  and the restaurant was allowed to re-open. George’s will be open for normal business tomorrow. A letter grade will be assigned after a follow up inspection is made.

Owner Bill Koulmentas said, “It is not common for a restaurant to be re-opened this fast…(we received), a lot of positive verbal feedback (on the BatteryPark.TV story) from throughout Battery Park City. Thank you very much for all that you have done.”

January 7, 2012  By Steven Greer, MD

George’s diner on Greenwich Street and Rector Street, south of the World Trader Center, was shut down by the New York City Health Department on Friday, January 6th. The original restaurant had to be demolished after the WTC disaster of September 11th, 2001, and was reopened in a newly constructed building in 2005.

We interviewed the owner, Bill Koulmentas, to learn why the restaurant was shut down. We could not contact the health department.

According to Mr. Koulmentas, and iPhone video supporting his story, a female health inspector stopped by approximately two weeks ago and found some violations. He felt that the inspector was aggressive and had an agenda to find violations no matter what. On Friday, January 6th, a male inspector arrived unannounced at 9:30 AM and inspected until 2:30 PM.

During the inspection on the 6th, Mr. Koulmentas felt that the inspector was “rigging” the inspection, claiming cockroaches were found that did not exist, that the refrigerator did not work when it did, etc. He pulled out his iPhone and began to videotape the inspector. At this point, the inspector began to become irritated. Mr. Koulmentas believes that the closure of his restaurant was due to his filming the health inspector and disputing his findings.

The health inspector closed the restaurant on the spot, at 2:30 PM, January 6th. It is unknown what will happen next and when the restaurant might be allowed to reopen.

The new letter grading system instituted by Mayor Bloomberg has been very controversial. Newspaper reports have insinuated that the process is rife with corruption, and was adopted simply as a way to increase revenues for the city in the form of fines. Many restaurant owners feel that the grades assigned are completely arbitrary, and Mr. Koulmentas’ filmed experience certainly adds credence to those theories.

If you are a restaurant owner and have experienced similar problems with the health department, BatteryPark.TV wants to know about it. Shoot us an email at info@batterypark.tv

The scaffolding scourge

(In full screen 1080iHD)

October 13, 2011

By Steven Greer, MD

In case you have not noticed because it is so common that you have become desensitized to it, there is an epidemic of unsightly sidewalk scaffoldings that have sprouted up in Battery Park City recently. Throughout New York City, since the real estate bust of 2007 that still lingers on, more and more buildings seem to have permanent scaffolding. Why?

We first reported on  the new structures at 225 Rector Place. To explain why these expensive structures seem to be embraced by building owners, and indeed kept up long after any work to the building is accomplished, we interviewed real estate lawyer Luigi Rosabianca. In this video, he takes us on a walking tour of the more egregious scaffoldings and explains “Local Law 11″ that mandates scaffolding be erected every five years.

We also interview two local business owner who have been impacted by scaffoldings over their business for five years: Bobby Van’s steak house on Broad Street and Downtown Cellars on Liberty and Nassau.

Big meeting tonight to discuss the fate of the polluting NY Waterway boats

November 1, 2011

By Steven Greer, MD

The CB1 Battery Park City subcommittee will meet tonight to discuss the fate of the BillyBey Ferry Company’s air and noise polluting ferry boats (6:00 PM, 1 World Financial Center, 24th floor). After several meetings leading up to this one, scheduled to be in attendance tonight are the CEO of BillyBey, representatives from Senator Gillibrand and Rep. Nadler’s offices, the EPA, the DOT, the non-profit environmental watchdog group the NRDC, and The New York Times.

Key issues to be determined will be:

• What did BillyBey do with the more than $7 Million in grants provided by an arcane grant from the State and City specifically meant for cleaning up ferry boat exhaust? “The New York State Energy Research and Development Authority (NYSERDA), in partnership with the New York City Department of Transportation (NYC DOT) and the Federal Transit Administration (FTA), announces the Deployment Phase of the New York City Private Ferry Emission Reduction Program.”
• BillyBey claims that several of their boats have already been retrofitted with diesel particulate filters. However, per our filming and reporting, not a single New York Waterway ferry that docks at the Vesey Street slip seems to have any such filter.
• BillyBey also claims to be completely replacing older diesel engines with more modern “clean diesel”. When will this take place?
• What happened to the brand new super-clean and quiet Goldman Sachs ferry boats, seen briefly in April and reported by the New York Times? They seem to have disappeared and never made it into service. BillyBey CEO Goodman refused to answer that question in our previous call with him.
• What powers does the federal Clean Air Act give our local EPA to enforce pollution violations that appear to be committed by the BillyBey New York Waterway ferries? The well-funded non-profit environmental watchdog group, the NRDC, and the EPA, will shed some light onto that.
• What role will the Port Authority, operator of the Vesey Street slip and contractor with BillyBey, play in resolving this public health problem?
• What role will the city play now that the city is in contract with BillyBey for the East River new ferry services?

After decades of being subjected to noise and air pollution from the BillyBey New York Waterway ferries, our community seems to the most support ever for resolving this problem. Please attend the meeting tonight.

(unedited filming of ferry boat pollution)

CB1 meeting discusses New York Waterway air pollution

September 6, 2011

By Steven Greer, MD

BatteryPark.TV was invited by CB1 BPC Chairwoman Linda Belfer to present the video of the New York Waterway ferry boat pollution and discuss the results of our investigation to date. During the meeting, Ms. Belfer and others announced that they will next invite Senators Schumer and Gillibrand (both D-NY), as well as Rep. Nadler (D-NY), to attend the next CB BPC meeting and discuss how the EPA might be recruited to help clean up the problem.

September 14, 2011

This is an unedited series of clips requested by the community board

Update: EPA’s response to our letter on NY Waterway ferry pollution

August 31, 2011

By Steven Greer, MD

CB1 Battery Park City committee Chairwoman Linda Belfer requested that BatteryPark.TV present our video of the NY Waterway ferries billowing black diesel particulate pollution at the Vesey Street slip on Tuesday, September 6th.

Updating our open-letter to the EPA, BatteryPark.TV spoke with a member of the enforcement staff of the EPA’s region 2. This person works for Kenneth Eng in the Clean Air division. He said, “Boy, you really caused a lot of fuss around here …numerous emails have been going back and forth…(based on your video and story)”.

This EPA official said that his office investigated the matter and concluded it was not enforceable by their offices because the pollution source is “Not stationary for more than six minutes”. This is an assertion that is disputable since, during rush hour, multiple ferries are docked, revving engines and stationary, for periods of time. longer than six minutes

The EPA official went on to say that this specific problem of ferry boat pollution was of great interest to more senior ranks within the EPA. It has been investigated in the past after complaints.

A second EPA official, also of the Region 2 enforcement office, explained that an update to the Clean Air Act, to start in June of 2012, would possibly govern marine vessels with diesel engines, possibly like the NY Waterway ferries in question. He referred us to this EPA document. He said that in June of 2012, the vehicles deemed to be regulated by this law will have to use cleaner diesel fuel and add diesel particulate filters.

The EPA also referred us to a different enforcement office run by the State of New York, the DEC and the staff of Mr. Sam Lieblich. The DEC did not return our messages, but the EPA and local CB1 members have told us that the DEC previously investigated various complaints about the boats (noise and pollution) several times but declined to enforce any law.

BatteryPark.TV reached out to the press offices of Governor Cuomo, Manhattan Borough President Stringer, Mayor Bloomberg, Assembly Speaker Silver, and U.S. Rep. Adler, but the Labor Day holiday has caused delays in responses.

To learn more about the health consequences of combustion engine pollution, and how the Clean Air Act has worked to reduce pollution, we refer you to this excellent discussion.

The deadly crossing

Construction on Route 9A, also known as The West Side Highway, and closure of the pedestrian bridge south of Albany Street have created a very dangerous situation. The ground-level crossing of The West Side Highway at Albany Street can be a death trap.

In February of 2009, Battery Park City resident Marilyn Feng was killed and her boyfriend seriously injured when a drunk driver struck the couple. Ms. Feng was an intern in Manhattan Borough president Scott Stringer’s office. In late September of 2009, another pedestrian was struck by a motorist, but he survived.

Funding for the permanent pedestrian overpass has been cancelled. Manhattan Borough President Scott Stringer discusses the problem.

Rockrose allows pedophile to move into 41 River Terrace

August 26, 2011

A few weeks ago, a resident of the northern part of Battery Park, a practicing cardiothoracic surgeon with young children, approached BatteryPark.TV with a concern over a registered sex offender

Registered pedophile Phillip Riback, now living in Battery Park

who had been allowed to move into a nearby high-rise condo directly adjacent to Stuyvesant High School: 41 River Terrace. In our preparation to cover the story, we became aware of some nice reporting already made by the Tribeca Tribune. We refer you to their articles for the details.

According to the Tribeca Tribune, Rockrose Development mistakenly allowed the registered sex offender, former pediatric neurologist Phillip Riback, to sign the lease without properly checking his background. The paper updated the story on August 18. Riback’s lawyer, famed defense attorney Paul Shechtman, a Tribeca resident, stated that Rockrose had terminated his lease and that Riback was not contesting he matter. It is unknown when Riback plans to move out, or whether these facts are correct at all.

41 River Terrace, by Carl Glassman

The Tribeca Tribune also reports that the New York City Department of Probation, charged with tracking sex offenders, was not answering any of their questions.

During our own investigation, Rockrose management completely stonewalled us. Our calls were not returned and the names of the managers, such as Richard Edmonds (listed by the Tribeca Tribune) were withheld from us.

To inquire for yourself as to whether the sex-offender Riback actually moves out, and to where, you can call Rockrose at (212) 847-3700. The Rockrose offices are at 666 5th Avenue if they do not return your calls. Riback’s attorney, Shechtman, can be reached at (212) 223-0200.

Attorney Paul Shechtman

Please send us an email if you have any updates to this story that you think should be covered.

The PEP welcome homeless to stay in our parks

June 28, 2011

On June 28, a local resident once again informed BatteryPark.TV of a homeless man in Rector Park. The same man has encamped himself in the park. He had a large cluster of trash bags and scared away a father and son playing on the lawn.

We called the Park Enforcement Patrol (PEP) offices and documented the interaction. As suspected, they did nothing to enforce the laws and the homeless man laughed in their face, literally. The PEP sergeant we spoke with (who was not disciplined and relocated this winter and is a holdover of the old crew) was belligerent, interruptive, and accused us as “having a problem” with homeless, as if they are normal citizens enjoying the park. These are the same PEP who will find the energy and will to harass law abiding citizens simply walking their dogs.

To volunteer or donate money to the nearest homeless shelter, contact (212) 226-6214 or go to http://www.nycrescue.org/

About this story, Tess Huxley manages the PEP, and once again refused to comment, as did the BPCA who employs Ms. Huxley and contracts with the city for the PEP “security” to our neighborhood.

Watch the video and audio exchange for yourself.

(Viewable in full screen 1080iHD)

Will News Corp be prosecuted in the United States?

July 14, 2011

In the wake of the arrests in London of high level News Corporation (NWS) executives related to bribery of Scotland Yard police, illegal hacking into phone voicemail, etc, members of the U.S. Senate and House have called for Attorney General Holder to initiate a U.S. investigation. The 1977 Foreign Corrupt Practices Act would be the law used for prosecution. Bloomberg TV discussed this with a Columbia law professor.

The new super star living in Tribeca: Dominique Strauss-Kahn

July 2, 2011

Media frenzy in front of Dominique Strauss-Kahn’s (DSK) Tribeca pad

Save the Stairs

Update: June 17, 2011

The Winter Garden marble stairs are reportedly getting a pardon and will now be saved from demolition. Per our interview in March with grass roots leader Justine Cuccia, Brookfield Properties had wanted to demolish the awe-inspiring stairs in order to make room for what many called a “strip mall” that would connect to the new West Street tunnel and the 9/11 Memorial. The BPCA, which actually owns the property, had the final say on the matter, and seems to be backing the local BPC residents who strongly oppose the demolition.

Brookfield was basing the justification for the demolition all on a mystery “engineering report” that allegedly concluded the new pedestrian traffic from the tunnel would be so great as to create a “safety hazard”. Battery Park.TV openly challenged the validity of this report and requested that it be made public. The report was commissioned by Brookfield, and the unknown “engineering firm” was paid by Brookfield, creating a conflict of interest in the outcome.

Community Board 1 Chair Julie Menin confirmed that stairs seem to have been pulled from the jaws of death. She wrote to us,  “Yes the stairs are saved. Saving the Winter Garden staircase was tremendously important to the community both from a symbolic and functional standpoint. I am pleased that Brookfield responded to our advocacy on this and preserved the stairs.”

We are awaiting statements from the BPCA. The BPCA has been hostile to BatteryPark.TV and is now refusing to reply to any of our questions.

March 19, 2011

Justine Cuccia, Roberta Kahan, and Marilyn Masaryk have launched a grass roots effort to save the marble stairs inside the Winter Garden of the WFC. To join the petition, email

For more information, visit the Facebook page here.

Former CEO of BPCA, James Cavanaugh, to run the New York Harbor Sailing Foundation

Corrections: May 28, 2011

Mr. Cavanaugh has posted a comment, below, correcting a couple of items that he feels we got wrong in the story.

May 27, 2011

BatteryPark.TV has learned that former CEO of Battery Park City Authority, James Cavanaugh, who left amidst scandals, is returning to Battery Park City, to be the Chairman of The New York Harbor Sailing Foundation (NYHSF). The NYHF is affiliated with the Manhattan Sailing Club that manages the North Cove Marina and sailing classes. The NYHSF is a non-profit with the mission of teaching sailing to underprivileged children, and now also assists with collegiate sailing. Both entities are currently managed by Michael Fortenbaugh.

BatteryPark.TV interviewed Mr. Fortenbaugh. Mr. Cavanaugh resigned from the BPCA late last year and briefly joined a consulting firm. His Chairman role with NYHSF will be a volunteer, unpaid, position. There are three board members.

Mr. Fortenbaugh reached out to Mr. Cavanaugh to ask for his help with the NYHSF. He said, “I am just a sailor really…(Cavanaugh) has actually managed things and run things…Not many people remember, back in 2004, the marina was still struggling after 9/11. In 2005, when we were vying for the contract to manage the North Cove Marina, I reached out to Dennis Conner, the most famous sailor in America…The marina has been a big success in recent years”.

In fact, last year, the marina was so full of mega-yachts, that BatteryPark.TV posted this story “Is this Newport?”

Mr. Fortenbaugh has been the common thread to all of the organizations related to The North Cove. In 1987, he started the sailing club on the east side at the Seaport. He moved it to the North Cove in 1994. Dennis Conner became involved around 2005.

Mr. Fortenbaugh later started the NYHSF as a non-profit, which has raised money from a variety events. The annual Hedge Fund Regatta has more than 40 participants, raising more than $40,000. The foundation creates sailing classes (Operation Optimist) for underprivileged kids, and is now working with local colleges for sailing teams.

PEP still illegally parking on our streets

April 23, 2011

BatteryPark.TV previously reported on the problem of Parks Enforcement Patrol (Pep’s)  parking their personal cars in illegal spots along the streets of Battery Park City. The PEP’s involved were disciplined, but the practice still continues.

At 10:20 AM on Saturday, April 23rd, BatteryPark.TV was notified of an ongoing traffic incident on Battery Place near West Thames. A PEP had parked his car in front of a fire hydrant. The NYPD had hooked up a tow truck and was nearly completed with the process when PEP’s Captain Falcon showed up in an electric golf cart and intervened.

The PEP officer who owns the car, and new to the Battery Park City beat as part of the staffing changes, explained that by showing his driver’s license he was able to receive a parking ticket instead of the more expensive towing fee. The NYPD tow truck operators would not comment as to why they unhooked the car and cancelled the towing process.

Given the fact that the PEP have been able to park with impunity anywhere on the streets, the fact that the NYPD issued a ticket is a change. The ongoing wider parking ticket scandal might be a factor. It would be highly unusual for a regular citizen to be able to persuade an NYPD tow truck operator to cancel the process midway through. Captain Falcon’s intervention clearly had sway in the outcome of this incident, which smacks of corruption still lingering in the ranks of the PEP who are under the management of Tess Huxley of the Parks Conservancy division of the BPCA and the city.

“Nazi-like” pattern of behavior by the PEPs

March 1, 2011

The Community Board met tonight to discuss the proposed demolition of the Winter Garden stairs and the alleged assault of BPC resident Adam Pratt, first reported by BatteryPark.TV on January 29th. The Pratt incident was the last topic of the evening. The overwhelming consensus by the 20 or more attendees was that the Parks Enforcement Patrol (PEP) has been behaving in “Nazi-like” fashion, asking innocent dog owners for their identification without probable cause for any violation. The terms “Nazi” and “Asked for my papers” were used at least five times by different residents.

One 16-year old female attendee testified that she was routinely the recipient of sexual advances by PEP, and when she walked away, they would ask her for her ID. Most of the other residents complaining were dog owners reporting very similar problems of the PEP asking them for ID even though their dogs were on a leash. Recall, this is what Mr. Pratt alleges happened to him.

Of note, after a Supreme Court ruling in 2004, it is now a possible criminal offense for anyone suspected of wrongdoing to refuse to identify themselves to police. However, carrying an ID is not required, and if someone is going to the gym or jogging, for examples, they cannot be arrested for not having an ID card.

Other complaints focused in the inaction of PEPs for serious problems such as violent gangs of skateboarders (known to have struck PEPs officer over the head with a skateboard and filmed assaulting a food vendor), bicyclists riding in the wrong areas of the esplanade, and PEP phone texting messages while on duty.

The new CEO of Battery Park City Authority, Gail Horwitz, promised a “Zero tolerance” to any PEPs acting badly toward residents. She said that offending officers would be relocated to other beats in the city promptly. However, all of the PEP involved in the Adam Pratt incident are still on duty as normal and have not been punished. It is unknown whether this is a defensive legal maneuver by the BPCA or City to deny any wrongdoing by the PEP.

Regarding the Adam Pratt case, the PEP internal investigators have made no attempt to reach out to the numerous witnesses reported on video and in text via the local papers and BatteryPark.TV. The PEP supervisors mentioned that they had reached out to Mr. Pratt’s civil suit lawyer. When asked why they would be contacting civil lawyers, something an NYPD detective would not do, they did not reply.

Battery Park City park rangers assault BPC resident

January 29, 2011

At approximately 12:00 PM on January 29th, 20011, according to eyewitness Theresa Shabbos who lives one floor above 2 South End Avenue, local resident Adam Pratt was walking his small dog and arrived at the southeast corner of the buildings on 21 South End Avenue, just north of the South Cove Marina. Mr. Pratt was confronted by one of the Battery Park City security officers. The Parks Conservancy would not comment or provide names.

According to witness Shabbos, who happened to be looking out her window, The BPC security woman pushed Mr. Pratt in the face. He then tried to take a photograph of her and she chased him northward. Mr. Pratt evaded the security officer by dipping into the Regatta apartment building. Ms. Shabbos lost track of events from thereon, but other witnesses at the Vince Smith Hair Experience, one block north, say that Mr. Pratt frantically knocked on their storefront window and begged for them to call the New York Police Department.

Moments later, according to a third witness walking his dog on the corner of Rector Place and South End Avenue, who wished to remain anonymous, said that multiple green-uniform park security officers had now been recruited to the scene and struck Mr. Pratt in the arm with a baton while Mr. Pratt was walking westward on Rector Place west of South End Avenue, still holding his dog in his arms. This was confirmed by other witnesses. Mr. Pratt was then forced to ground and handcuffed. One witness said that, “They beat the crap out of him”.

At that point, multiple NYPD cruisers and NYFD EMS arrived on the scene (see video). Mr. Pratt was taken away in the ambulance and it is unclear whether the NYPD made an arrest. We will have more details on this story as the case plays out in court.

The aggressive behavior exhibited in this case by the BPC parks security is highly inconsistent with previous behavior. In the past, BatteryPark.TV and members of the Community Board have been unable to have the parks security issue tickets for rogue bicycle deliverymen speeding on sidewalks, ticket or remove homeless persons defecating in the parks, or ticket/arrest violent skateboard gangs.

The security detail for Battery Park City parks involved in this story are employed by the city but managed by the Parks Conservancy of the BPCA. They are not police officers but do have the authority to issue citations and use reasonable force.

It is unclear why this altercation developed, but it seems to have taken on a personal component. One witness did mention that Mr. Pratt has “taken a stand before” against the park security staff when they have tried to enforce dog leash regulations as he walked his dog.

The following cell phone video and two photos are courtesy of Vince Smith

Adam Pratt on the ground surrounded by park security

Update: January 31, 2011

Since our first report, we have an update on what transpired after Mr. Pratt was driven away in the NYFD EMS squad truck. The alleged assault victim, Adam Pratt, was taken to Bellevue Hospital for psychiatric evaluation and treatment of contusions, head injury, and possible fracture of the ribs. It is unclear why the psych-eval was ordered, but he was found to be stable and released. Mr. Pratt told BatteryPark.TV that he is a cancer survivor who has been treated at Memorial Sloan-Kettering, and that the alleged assault aggravated rib and respiratory problems.

Mr. Pratt also provided more detail on his account of what happened on the 29th. He said that he was standing at the corner of 21 South End Avenue, in front of the Japanese restaurant, speaking on the phone with his mother. His dog was on a leash on the ground. Because of past dealings with the PEP park security, he had a concern that an approaching PEP officer in a “golf cart” was going to harass him and he warned his mother before the PEP officer even approached him that he might have to call the police. The PEP cart pulled up abruptly and slid on the snow as it stopped near him.

According to Mr. Pratt, the PEP officer got out of the cart and demanded to see an ID. Mr. Pratt said that he replied, “I do not have an ID on me, but I am Adam Pratt and have lived here for twenty years.” At this point, he said that the PEP office struck him in the head with her radio and shoved him in the face.

Mr. Pratt told BatteryPark.TV, “My (friends in BPC) can vouch for me as a reputable local citizen protecting all of our investments and calling out the ineptness off the (park security) staff–I have 2 yrs of pics and videos of them slacking and sleeping in their cars in uniform, no light with golf kart at night on sidewalk, etc. This was a planned vendetta!!!”

Of note, after a Supreme Court ruling in 2004, it is now a possible criminal offense for anyone suspected of wrongdoing to refuse to identify themselves to police. However, carrying an ID is not required, and if someone is going to the gym or jogging, for examples, they cannot be arrested for not having an ID card.

Taxi driver violent behavior on the rise in NYC

March 6, 2011

According to ABC Channel 7, a taxi driver who refused to take a group of males from Manhattan to the Bronx drove instead to the Midtown North NYPD precinct. The group explained the situation and the police instructed the driver to take the men to the Bronx. The driver refused, locked the doors, and ran over the group, fracturing the skull of Anthony Loreto who remains in critical condition. All of this transpired in front of the NYPD precinct.

Brazen violent crime of this nature committed by NYC taxi drivers has been on the rise since the economic downturn in 2008 (see below). The TLC is refusing to handle many cases (see previous story below) and the word has gotten out amongst the drivers that they not be fined or punished.

August 11, 2010

BatteryPark.TV previously reported on the rising rate of violent behavior among New York City taxi drivers. A TLC official had confirmed in April, 2010, that TLC internal databases had an increase in passenger complaints and that budget cutbacks had caused slower responses by the TLC to complaints. The taxi driver community is now aware that misconduct is being prosecuted less swiftly, according to one driver interviewed.

A case example of this problem involved a violent yellow cab driver that assaulted a passenger in Battery Park City back in July of 2009 (see video below). The incident involved a person related to BatteryPark.TV. A complaint letter was sent to the TLC and received no reply. Two more letters were sent with no reply. A telephone call to TLC administrators finally elicited a response and a hearing was scheduled approximately one year after the incident.

Last month, during the TLC hearing, the administrative lawyer dismissed the case based on a technicality without commenting on the merits of the complaint against the driver. An appeal was sent to the Deputy Commissioner of the TLC, Pansy Mullings. Ms. Mullings informed BatteryPark.TV that the TLC refused to open the case on appeal. The taxi driver is now currently still operating a vehicle and has no reprimand on his record despite video evidence of the assault and numerous other infractions made by the driver.

If you have had any similar problems with taxi drivers and have received slow or no response from the TLC, you can contact:

Pansy Mullings

Deputy Commissioner

Taxi and Limousine Commission

2455 BQE West

Woodside, NY 113377

April 23, 2010

If you seem to have noticed more whackjob taxi drivers in NYC behaving outright violently toward you, you are correct. BP.TV spoke with a representative of the TLC who confirmed that the statistics from their complaint database support the notion that violent behavior is on the rise since the TLC instituted the credit card payment option.

Cab drivers have to give a small percentage of fairs paid by credit cards to the credit card company. Offsetting this is the fact that many more business travelers will be inclined to take a yellow cab and use their company card rather than take a town car. Nevertheless, to this day, many cab drivers try to play games with customers at the end of a trip, such as not triggering the meter to stop, asking for cash, or by pretending that their meter is broken and cannot accept credit cars. Many of these drivers then become hostile or physically violent with the passengers.

BP.TV has obtained this video of a cab driver becoming violent to a passenger.

Skateboarders assault food vendor near the Ritz Carleton in Battery Park City

October 2, 2010

On Saturday, October 2, approximately 20 skateboarders, many from Brooklyn, were performing jumps, damaging the granite benches and walkway in front of 17 Battery Place.  Across the street is the family tourist area of Battery Park, Statue of Liberty boat tours, and the upscale Ritz Carlton hotel. The concierge of one of the residential buildings nearby, who called the police, said that this gang frequently menaces the neighborhood.

Before the police could arrive, a few of the skateboarders became verbally abusive to the corner food vendor. The man, who wished to be anonymous, is an immigrant from Egypt. As the video shows, one of the teens then pushed the man and threw some punches. The group then dispersed and headed north on West Street.

Several minutes later, a few of the teens returned to skateboard on the Ritz Carleton property, then headed north on the “Pataki Highway”. The NYPD patrol officers, with the assistance of a BPC citizen tracking the teens, caught three of the gang in Rector Park in front of 200 Rector Place. All of them were from Brooklyn.

These young gangsters are not to be dismissed as “simply rebellious”. As previously reported in the local press, one BPC citizen was beaten with a pipe near the South Gristedes store this past winter by marauding teens not from the neighborhood. BatteryPark.TV also learned that a male BPC Park Ranger was struck in the back of the head with a skateboard while confronting a group of skateboarders.

As a word of caution to anyone encountering these gangs and wanting to intervene, they know fully well that they are breaking rules and laws. They will often taunt authorities into a fight knowing that their underage status makes it a felony for an adult to lay hand on them, unless it is self defense. In the video, one can see this strategy at play.

The gangs have grown in number because they know that the park rangers have no authority to stop them in most cases. However, with just a few arrests or citations by NYPD, the youths will likely stop their behavior. Extra police patrol has been added to the area. Stay tuned.

Update: October 9

More footage of the skatebaorders damaging expensive stone and steel fixtures by the Oceans condo on 17 Battery Place.