Window washer left hanging sues scaffolding company








A window washer who was left dangling at a 45-degree angle from a midtown high rise last summer is suing the scaffold company and the building for multiple injuries he sustained during the slip, according to a new lawsuit.

Steven Kind, 40, of Long Island, was 42 stories above the street polishing the exterior panes of 1177 Sixth Ave. on July 11 when the “scaffold suddenly failed, collapsed, fell and otherwise violently moved resulting in serious gravity-driven injuries,” he claims in court papers.

He and another washer were left dangling precariously from the platform for 30 minutes before rescue personnel cut through glass to save them.




Kind, a father and the family’s primary breadwinner, has been in and out of the hospital for pain in his neck, shoulder, back and knees, his attorney, Dario Perez, said.

“It seems these are life changing injuries,” Perez added.

The former full-time union man has been unable to work since the accident.

A 2012 Labor Department report said the incident was caused by “operator’s error by the window cleaners.”

Kind wants unspecified damages for his injuries.

A spokesman for 1177 Sixth said he had not yet seen the lawsuit. The scaffold company, Titanium Scaffold Services, did not return calls for comment.










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Green cards for sale at a South Beach hotel: Competition is on for EB5 investment visas




















If David Hart gets his way, South Beach’s 42-room Astor Hotel will be on a hiring spree this year as it adds concierge service, a roof-top pool, an all-night diner, spa and private-car service available 24 hours a day.

New hires will be crucial to Hart’s business plan, since foreign investors have agreed to pay about $50,000 for each job created by the Art Deco boutique.

The Miami immigration lawyer specializes in arranging visas for wealthy foreign citizens under a special program that trades green cards for investment dollars. Businesses get the money and must use it to boost payroll. The minimum investment is $500,000 to add at least 10 jobs to the economy. That puts the pressure on Hart and his partners at the Astor to beef up payroll dramatically, with plans to take a hotel with roughly 20 employees to one with as many as 100 workers.





“My primary responsibility is to make something happen here over the next two years that will create the jobs we need,’’ Hart said a few steps away from a nearly empty restaurant on a recent weekday morning. “It’s all going to be transformed.”

Though established in the 1990s, the “EB5” visas soared in popularity during the recession as developers sought foreign cash to replace dried-up credit markets in the United States.

Chinese investors dominate the transactions, accounting for about 65 percent of the nearly 9,000 EB5 visas granted since 2006. South Korea finishes a distant second at 12 percent and the United Kingdom holds the third-place slot at 3 percent. If Latin America and the Caribbean were one country, they would rank No. 4 on the list, with 231 EB5 visas granted, or about 3 percent of the total.

Competition has gotten stiffer for the deep-pocketed foreign investors willing to pay for green cards. The University of Miami’s bio-science research park near the Jackson hospital system raised $20 million from 40 foreign investors under the EB5 program, most of them from Asia. The money went into the park’s first building; visa brokers are waiting to see if the second building will proceed so they can offer a new pool of potential green-card sales.

In Hollywood, the stalled $131 million Margaritaville resort had hoped to raise about $75 million from EB5 investors before ditching that plan last year to pursue more traditional financing. A retail complex by developer Jeff Berkowitz in Coral Gables also launched a program to raise $50 million in EB5 money for the project, Gables Station. Hart worked with other EB5 investors to back pizza restaurants in Miami and South Beach. A limestone mine in Martin County also was backed by EB5 dollars.

This year, the city of Miami itself is expected to get into the business by setting up an EB5 program to raise foreign cash for a range of city businesses and developments. The first would be the tallest building in the city — developer Tibor Hollo’s planned 85-story apartment tower, the Panorama, in downtown Miami.

With a construction cost of about $700 million, Miami’s debut EB5 venture hopes to raise about $100 million from foreign investors, said Laura Reiff, the Greenberg Traurig lawyer in Virginia working with Miami on the EB5 effort. “This is a marquis project,’’ she said.

The arrangement is a novel one for Miami, with the city planning to help a private developer raise funds overseas for a new high-rise. And it would allow Hollo and future participants to tout the city of Miami’s endorsement when competing with other Miami-area projects for EB5 dollars. “We will have the benefit of the brand of the city of Miami,’’ said Mikki Canton, the $6,000-a-month city consultant heading Miami’s EB5 effort. “A lot of these others are privately owned and they won’t have that brand.”





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Papal transition won’t lead to big changes in South Florida parishes, archbishop says




















Like millions of other Roman Catholics, when Miami Archbishop Thomas Wenski woke up Monday morning and heard the news that Pope Benedict XVI had announced his resignation, he thought it was just rumor.

When he realized it wasn’t, Wenski called Mary Ross Agosta, the Archdiocese’s communications director, and told her: “ ‘Get ready for a busy day.’ ’’

And so it was, as he gave interview after interview on how the pope’s resignation — the first in nearly six centuries — might affect the Church and its believers.





Wenski doesn’t anticipate “radical shifts’’ in the church with a new leader at the helm.

“Whoever comes on as pope will be Catholic, so...he’ll present the Catholic teachings and there’s not going to be any changes in those teachings, because the pope is not an absolute ruler who can make it up as he goes along,’’ Wenski said.

Still, he said, “most people live their faith on a local level,’’ so that a papal transition isn’t likely to shake things up in South Florida parishes.

Wenski, 62, said he understood how demanding the pontifical duties are.

“When the pope says he doesn’t have the strength anymore, considering my own schedule in this little archdiocese, I get it. It’s a grueling job...He embraced the suffering that comes with the job but he doesn’t have the physical health and energy to continue it.

“His doctors have been telling him to restrict his travel, and the ability to travel has become a requisite for a modern-day pope.’’

Anne Llewellyn of Plantation, a parishioner at St. Gregory the Great, applauded the pope for understanding his limitations and for making “the difficult decision for the good of the church.’’

She called Benedict “a brilliant man’’ who deserves thanks for his leadership. However, she remains “angry with the U.S. Church’’ over sex scandal cover-ups, and no longer supports the archdiocese.

Barry University theology professor Edward Sunshine acknowledged the pope’s resignation comes at a time when the church sex-abuse scandals ”have weakened the moral authority and credibility of church leaders,’’ and when 10 percent of U.S. adults identify as former Catholics.

By bowing out, Sunshine added, the pope “is setting a modern precedent that is necessary for the church to function well in the world today.”

With people living longer — Pope Benedict XVI is 85, his predecessor Pope John Paul II was 84 when he died after 27 years as head of the church — there is an increased chance of someone suffering from a debilitating condition, such as infirmity or senility, Sunshine said.

“An orderly transition of church leadership if necessary is much better than a long, agonizing wait for an infirm pontiff to die in office,” Sunshine said. “Pope Benedict has set an example for world leaders and everyone else that there comes a time when it is better to let go of power.’’

When it comes to Benedict’s successor, Karen McCarthy, of Hollywood, is hoping for someone more moderate. She’s angry about certain church positions, and no longer attends Church of the Little Flower

“The Vatican has treated women horribly, like we are less than men,’’ she said. “What they have done to the nuns is repulsive...I hope we get a more moderate pope and one in tune with the times.’’

Archbishop Wenski said he doubted Pope Benedict XVI would interfere with his successor once he leaves the post Feb. 28.

“There’s still going to be only one pope, and I don’t think there’s any danger of any polarities of power, one against another.’’

This article includes comments from the Public Insight Network, an online community of people who have agreed to share their opinions with The Miami Herald. Sign up by going to MiamiHerald.com/Insight.





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Sneak Peek: Sports Illustrated's Swimsuit Issue Featuring Cover Girl Kate Upton

Kate Upton and the ladies of Sport's Illustrated's Swimsuit Issue preview this year's highly anticipated spread for ET!

Clad in impossibly tiny bikinis, the gorgeous girls representing SI's 50th edition of the beach-themed edition travel across the globe to show some skin across all seven continents.

Pics: Top 5 Sexiest Sports Illustrated Swimsuit Covers

Check out a sneak peek of the sizzling hot pics in the video above!

SI's Swimsuit Issue hits stands February 12.

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Indian national busted on visa fraud charges after claiming film biz connections








He tried to pull an “Argo” on the feds.

An Indian national arrived at JFK Airport in New York and told US Customs and Border Protection officers he was a production manager for a film company known as "Fire and Ice."

Nitinkumar Chandubhai Patel explained that his firm was gearing up to make a movie titled "I Love New York," and he had traveled from New Delhi to Gotham to scout locations for the shoot.

But officers noted oddities about his story: The film shoot would take six weeks, with a release date planned for July 2012 - but Patel would be paid only 65,000 Indian Rupees or just over $1,200 for his work.



The suspicious Customs officers soon discovered that Patel's visa was revoked, after the State Department determined that other visa applicants also had been posing as "Fire and Ice" reps.

Patel eventually admitted that he actually was a farmer and was supplied the film shoot cover story by a travel agent in India, officials said.

He's now in custody and awaiting trial on visa fraud charges.

mmaddux@nypost.com










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Green cards for sale at a South Beach hotel: Competition is on for EB5 investment visas




















If David Hart gets his way, South Beach’s 42-room Astor Hotel will be on a hiring spree this year as it adds concierge service, a roof-top pool, an all-night diner, spa and private-car service available 24 hours a day.

New hires will be crucial to Hart’s business plan, since foreign investors have agreed to pay about $50,000 for each job created by the Art Deco boutique.

The Miami immigration lawyer specializes in arranging visas for wealthy foreign citizens under a special program that trades green cards for investment dollars. Businesses get the money and must use it to boost payroll. The minimum investment is $500,000 to add at least 10 jobs to the economy. That puts the pressure on Hart and his partners at the Astor to beef up payroll dramatically, with plans to take a hotel with roughly 20 employees to one with as many as 100 workers.





“My primary responsibility is to make something happen here over the next two years that will create the jobs we need,’’ Hart said a few steps away from a nearly empty restaurant on a recent weekday morning. “It’s all going to be transformed.”

Though established in the 1990s, the “EB5” visas soared in popularity during the recession as developers sought foreign cash to replace dried-up credit markets in the United States.

Chinese investors dominate the transactions, accounting for about 65 percent of the nearly 9,000 EB5 visas granted since 2006. South Korea finishes a distant second at 12 percent and the United Kingdom holds the third-place slot at 3 percent. If Latin America and the Caribbean were one country, they would rank No. 4 on the list, with 231 EB5 visas granted, or about 3 percent of the total.

Competition has gotten stiffer for the deep-pocketed foreign investors willing to pay for green cards. The University of Miami’s bio-science research park near the Jackson hospital system raised $20 million from 40 foreign investors under the EB5 program, most of them from Asia. The money went into the park’s first building; visa brokers are waiting to see if the second building will proceed so they can offer a new pool of potential green-card sales.

In Hollywood, the stalled $131 million Margaritaville resort had hoped to raise about $75 million from EB5 investors before ditching that plan last year to pursue more traditional financing. A retail complex by developer Jeff Berkowitz in Coral Gables also launched a program to raise $50 million in EB5 money for the project, Gables Station. Hart worked with other EB5 investors to back pizza restaurants in Miami and South Beach. A limestone mine in Martin County also was backed by EB5 dollars.

This year, the city of Miami itself is expected to get into the business by setting up an EB5 program to raise foreign cash for a range of city businesses and developments. The first would be the tallest building in the city — developer Tibor Hollo’s planned 85-story apartment tower, the Panorama, in downtown Miami.

With a construction cost of about $700 million, Miami’s debut EB5 venture hopes to raise about $100 million from foreign investors, said Laura Reiff, the Greenberg Traurig lawyer in Virginia working with Miami on the EB5 effort. “This is a marquis project,’’ she said.

The arrangement is a novel one for Miami, with the city planning to help a private developer raise funds overseas for a new high-rise. And it would allow Hollo and future participants to tout the city of Miami’s endorsement when competing with other Miami-area projects for EB5 dollars. “We will have the benefit of the brand of the city of Miami,’’ said Mikki Canton, the $6,000-a-month city consultant heading Miami’s EB5 effort. “A lot of these others are privately owned and they won’t have that brand.”





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Tawdry allegations may emerge in criminal trial of former Florida GOP chairman Jim Greer




















They headed for Marsh Harbour Airport in the Bahamas, most of them on private planes owned by billionaire Harry Sargeant III, then the finance chairman of the Florida Republican Party.

The weekend trip began on Friday Jan. 11, 2008, for a select group of Floridians —maybe 20 or so — who helped raise money for a constitutional amendment that would increase homestead exemptions.

Those who attended have differing memories of how many were there or what occurred, and no one is very anxious to talk to a reporter about the gathering.





Perhaps it’s the accusation of a golf cart filled with prostitutes that scares them away.

The five-year-old gathering has gained a life of its own in the criminal case against former Florida GOP chairman Jim Greer, who has been charged with money laundering and grand theft for allegedly diverting about $200,000 in party funds to a corporation he created. The trip itself isn’t tied to Greer’s legal problems, but details of the weekend could surface in testimony at his trial, which begins with jury selection Monday in Orlando, or remain secret, depending on which lawyers win out.

The Bahamas trip included an impressive outdoor seafood dinner with then-Gov. Charlie Crist, Bahamian Prime Minister Hubert Ingraham, U.S. Ambassador to the Bahamas Ned Siegel, Florida GOP Chairman Jim Greer and a handful of Tallahassee lobbyists and big campaign donors.

It was organized by Greer and Sargeant for supporters of “Yes on 1-Save Our Homes Now,” a constitutional amendment campaign Crist was pushing to expand the state’s homestead exemption. Delmar Johnson, former executive director of the state Republican party and a key witness against Greer, describes it as a thank you trip for those who contributed some of the $4.4 million raised in support of the measure. Others, including Crist, say the gathering was a fundraiser. The amendment was approved by Florida voters on Jan. 29, 2008, a few weeks after the trip.

The trip was for men only. Even women who worked for the party and helped with fundraising were excluded.

Johnson told prosecutors last summer that he saw women who appeared to be prostitutes in a golf cart driven by one of Sargeant’s employees. The information surfaced late last year when a video of Johnson’s testimony was made public.

More specifics have been hard to come by.

Johnson’s testimony is included in a sealed Florida Department of Law Enforcement report prepared last summer by investigators looking at possible witness tampering in the Greer case. Prosecutors say the report — and details about the Bahamas trip — may be used as rebuttal evidence against some of those scheduled to testify on Greer’s behalf.

Lawyers for two unidentified witnesses have asked that the report remain sealed, saying it contains information that would embarrass them. Greer Circuit Judge Marc Lubet says the records must be made public if they are used in an attempt to impeach the testimony of witnesses who might be embarrassed by details of the Bahamas trip.

After reviewing the report in chambers last year, Lubet read the names of four men: Lobbyist Brian Ballard, Sargeant, Johnson and new state Rep. Dane Eagle, R-Cape Coral, asking if they would be witnesses at the trial. At the time of the trip Eagle was a travel aide for Crist. Prosecutors said all but Eagle, now a state legislator, are expected to be witnesses at the trial.





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3 Killed Filming Discovery Channel Production

Three people were killed Sunday morning in a helicopter crash during a production shoot for a Discovery Channel reality show.

The crash occurred about 3:40 a.m. in an open field in the town of Acton outside Los Angeles, Deadline reports. The three victims were thrown from the helicopter and pronounced dead at the scene.

PICS: Star Sightings

In a statement to Deadline, the Discovery Channel confirmed the accident, which occurred during filming by the reality show's producer, Eyeworks USA. "We are all cooperating fully with authorities. Our thoughts and prayers go out to the families," the statement said.

Shooting at the location began Saturday and a film permit listed the production as "Untitled Military Project."

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Houseboat man found dead under dock in Brooklyn








The body of an elderly man who lived on a houseboat was found floating under a dock today in Brooklyn, authorities said.

The 74-year-old man’s boat was docked in the Plumb Beach Channel off of Ebony Court in Gerritsen Beach when he he was spotted in the water around 12:35 p.m., cops said.

He was pronounced dead at the scene. Police do not suspect any criminality at this time, cops said.

The city’s medical examiner will determine the cause of death.











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Are gun maker stocks in your portfolio?




















Are there guns in your investment portfolio? It’s an issue that some politicians and gun-control advocates are raising after recent mass shootings prompted calls for tougher laws.

Chicago Mayor Rahm Emanuel wrote letters to six mutual fund companies asking them to sell their stock in gun manufacturers Smith & Wesson and Sturm, Ruger & Co. It’s a critical concern in Chicago, where more than 500 people were murdered last year.

Fund companies should “send a clear and unambiguous message to the entire gun industry that investors will no longer support companies that profit from gun violence,” Emanuel wrote in his letters last week.





Other city leaders, including those in Los Angeles and Philadelphia, are considering similar steps with their pension funds.

Gun control is the kind of issue that can wake investors up to the fact that money in a fund portfolio or 401(k) affects more than just their retirement security. The financial markets support all kinds of companies, including many that an investor may believe aren’t contributing to the greater good.

But whatever one thinks about gun control, removing such an investment from a portfolio on moral grounds isn’t always a simple matter. There are potential costs from putting your principles before profits.

Recognize that over the last 10 years Smith & Wesson has posted an average annualized return of 17 percent, compared with the 8 percent return of the broader market. Similarly, Sturm Ruger, the largest publicly traded gun company, has returned an annualized 23 percent over that time. The vast majority of gun manufacturers are privately held.

LEGAL HURDLES

There would be other potential costs if fund companies or 401(k) managers were to sell gun maker stocks in response to the recent controversy. These companies have obligations to serve the financial interests of vast numbers of individual fund shareholders and plan participants with varying opinions about guns.

For employers sponsoring 401(k) plans, their hands can be tied unless the plan established a mandate to avoid investing in gun makers, says Kathleen McBride, founder of consulting firm FiduciaryPath.

She advises financial professionals who are fiduciaries, a legal designation requiring them to act in the best financial interests of their clients. That obligation is a chief concern cited by Vanguard, among the six fund companies that Emanuel is pressuring. A Vanguard spokeswoman said mutual funds “are not optimal agents to address social change.”

A spokesman for American Funds, which also received a letter from Emanuel, said: “If social issues may have an effect on the investment potential of a company, we take those issues into account as part of the investment process.”

For example, a stock fund manager might expect that gun laws are likely to become more restrictive. That would cut into industry sales, leading the manager to conclude that stocks of gun makers are bad long-term investments. Such a fund manager could justify selling such stocks as beneficial for shareholders. But the manager wouldn’t be justified in selling simply because of moral objections.

INDEX FUNDS

Making changes only gets more complicated with low-cost index funds, which own all the stocks in a given market index.

If such a fund doesn’t track the index closely, then it ceases to be an index fund — no matter whether some of the stocks may be viewed as morally objectionable by some investors.





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