Defendants Fraudulently Submitted Reimbursement Claims for School Meals That Were
Never Served
A five-count indictment was unsealed today in United States District Court for the
Eastern District of New York charging Elozer Porges and Joel Lowy, the former Executive
Director and former Assistant Director, respectively, of the school system known as Central
United Talmudic Academy (CUTA) in Brooklyn, New York, with one count of conspiracy to
commit mail and wire fraud and four counts of mail fraud. The defendants are scheduled to be
arraigned this afternoon before United States Magistrate Judge Viktor V. Pohorelsky at the
Brooklyn federal courthouse.
The charges were announced by Bridget M. Rohde, Acting United States
Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in Charge,
Federal Bureau of Investigation, New York Field Office (FBI), Mark Peters,
Commissioner, New York City Department of Investigation, and Special Agent-in-Charge,
Bethanne M. Dinkins, United States Department of Agriculture, Office of Inspector General.
As alleged in the indictment, between 2013 and 2015, Porges and Lowy submitted
documents to the New York State Department of Health (NYSDOH) that falsely claimed that
school children had received meals which, in fact, they had never been served. The defendants
fraudulently inflated the number of meals served at various CUTA schools in order to obtain
larger reimbursement payments pursuant to the federal government’s Child and Adult Care Food
Program (CACFP). The CACFP is a program designed to assist schools and other institutions in
providing meals to, among others, at-risk children. In total, Porges and Lowy, based on their
false representations, fraudulently obtained approximately $3 million in reimbursement
payments to CUTA
“Former CUTA Executive Director Porges and Assistant Director Lowy
allegedly obtained $3 million from a federal program designed to fund meals for needy children
by claiming to have served meals they did not serve, thus undermining a program designed to
assist the most vulnerable members of our community,” stated Acting United States Attorney
Rohde. “We will continue to work closely with our law enforcement partners to root out
fraudulent schemes that misuse public funds.”
“The Child and Adult Care Food Program strives to provide for at-risk children,
and as school officials, Porges and Lowy should have strived to do the same,” stated Assistant
Director-in-Charge Sweeney. “Instead, they allegedly falsified documents to gain
approximately $3 million in reimbursement for meals that were never served. To defraud
programs designed to help those in need is simply inexcusable, and we will work relentlessly
with our law enforcement partners to thoroughly investigate these frauds.”
“As charged, these defendants stole food from children in need by diverting
millions of dollars in public funds intended to pay for their dinners,” stated DOI Commissioner
Peters. “Public funds must be spent for public purposes and, when they are not, DOI will expose
the fraud and arrest the wrongdoers. DOI thanks our dedicated law enforcement partners on this
case: the United States Attorney’s Office for the Eastern District of New York, the Federal
Bureau of Investigation, and the Office of the Inspector General for the United States
Department of Agriculture.”
“The Child and Adult Care Food Program (CACFP) was created to provide
nutrition assistance to children and adults who are truly in need,” stated Special Agent-in-Charge
Dinkins. “Those involved in fraud and abuse of USDA feeding programs will be investigated by
our office to the fullest extent. In this joint investigation with the Federal Bureau of
Investigation and the New York City Department of Investigation, we worked together to
identify and hold accountable those who sought to profit from the CACFP through illegal
schemes. The USDA, Office of Inspector General will continue to dedicate investigative
resources, working with our law enforcement and prosecutorial partners, to protect the integrity
of these programs and bring to justice those who commit fraud.”
The charges in the indictment are merely allegations, and the defendants are
presumed innocent unless and until proven guilty. If convicted, the defendants face up to 20
years’ imprisonment on the conspiracy to commit wire fraud and mail fraud count, as well as on
each of the mail fraud counts.
The Defendants:
ELOZER PORGES
Age: 43
Brooklyn, NY
JOEL LOWY
Age: 29
Brooklyn, NY
E.D.N.Y. Docket No. 17-CR-431 (NGG)
