Bronx Man Sentenced In Manhattan Federal Court To 20 Years In Prison For Attempting To Provide And Conspiring To Provide Material Support To ISIS

Adam Raishani, a/k/a “Saddam Mohamed Raishani,” Attempted to Travel to Syria to Join ISIS and Facilitated Another Man’s Travel to Join ISIS

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and John C. Demers, the Assistant Attorney General for National Security, announced that ADAM RAISHANI, a/k/a “Saddam Mohamed Raishani,” was sentenced to 20 years in prison for attempting to provide and conspiring to provide material support to the Islamic State of Iraq and al-Sham (“ISIS”).  RAISHANI pled guilty to a Superseding Information on November 14, 2018, before U.S. District Judge Ronnie Abrams, who also imposed today’s sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Adam Raishani may be a U.S. citizen, but he pledged his allegiance to the Islamic State of Iraq and al-Sham, the terrorist organization that seeks to destroy the ideals inherent to America.  In his efforts to show support to the organization, he helped another man make a trip to the Middle East so that he could join and train.  Then, a year later, Raishani decided to follow him, leaving Raishani’s wife and child behind in the United States.  Thankfully law enforcement was there to arrest him before he could make his dream of jihad a reality.  Now, Raishani will spend the next 20 years of his life behind bars for his treachery.”

Assistant Attorney General John C. Demers said:  “Raishani tried to leave his young family to travel overseas to join ISIS.  Fortunately, he was arrested before he could leave the country.  Raishani is the latest in the long line of would-be terrorists whom we have arrested and prosecuted before they could accomplish their mission to provide material support to ISIS overseas.  I commend the agents, analysts, and prosecutors who are responsible for this result.”

According to the Superseding Information, other court filings, and statements made during court proceedings:

Beginning in the fall of 2015, RAISHANI conspired with another ISIS supporter (“CC-1”) to provide material support and resources to ISIS.  RAISHANI and CC-1 agreed to travel overseas to join and wage jihad for ISIS, with CC-1 to depart first.  On October 30, 2015, CC-1 departed from JFK Airport for Istanbul, Turkey, where he planned to cross into Syria to join and fight for ISIS.  RAISHANI helped coordinate CC-1’s transportation from the Bronx, New York, to John F. Kennedy International Airport (“JFK Airport”), and RAISHANI accompanied CC-1 from the Bronx to JFK Airport.

RAISHANI continued communicating with CC-1 following CC-1’s departure, using an encrypted email application in an effort to avoid law enforcement detection.  For example, on January 2, 2016, RAISHANI sent an email to CC-1 stating:  “Glad tidings brother. Its [sic] been some time since your voyage.  I pray to Allah The ALL MIGHTY to grant you success.  Until next time.”[1]  On April 1, 2016, RAISHANI sent another email to CC-1 stating:  “I hope Allah has bestowed you what you were seeking. . . . May Allah grant you sincere and clean intentions and make you among the righteous in Janatal Firdaus [a reference to Islamic paradise]. . . . Please return this email and respond to what we agreed upon before your departure.  Until next time.”  On May 3, 2016, CC-1 responded to RAISHANI, indicating that he had succeeded in joining the Islamic State.  CC-1 informed RAISHANI that CC-1 was “fine and well,” that CC-1 “wished you [RAISHANI] were here with me,” and that “here we are living with izza [honor].”

Also in May 2016, CC-1 posted content on a particular social media application (“Application-1”) indicating that CC-1 was living in the Islamic State and fighting on its behalf.  For example, CC-1 sent messages to another user of Application-1 stating:  “I’m living in the Islamic state safely and secure by the permission of Allah,” “[h]ere we are fighting the kuffars [non-believers],” and “I left the land of kuffars now I’m living in the khilafah [the caliphate].”  CC-1 also posted a photograph on Application-1 that shows CC-1 carrying an assault rifle and the flag of ISIS. 

Between January and June of 2017, RAISHANI had a series of meetings with individuals who were, unbeknownst to RAISHANI, a confidential source working at the direction of law enforcement and an undercover law enforcement officer.  In the course of those meetings, RAISHANI admitted that he had previously helped another person (CC-1) travel overseas to join ISIS, and stated that he intended to travel overseas to join ISIS himself.  During those meetings, RAISHANI also downloaded and viewed violent ISIS propaganda videos, and expressed his desire to wage jihad on behalf of ISIS and his belief that the Quran can be read to justify the violence, including beheadings, perpetrated by ISIS.   

By April 2017, RAISHANI was actively planning to travel abroad to join ISIS.  RAISHANI indicated that he aspired to join ISIS in Syria and that he aimed to travel before the end of Ramadan, an Islamic holy month that ran from approximately May 26 through June 24 of 2017.  In June 2017, RAISHANI made preparations to leave, including by paying off debts and purchasing clothing that he intended to wear for training with ISIS overseas.  RAISHANI indicated his intention to meet an ISIS member in Turkey, who would facilitate RAISHANI’s joining the terrorist organization in Syria.  In the course of communications with an undercover law enforcement officer, RAISHANI conveyed that he was prepared to die, to martyr himself, for ISIS.  On June 21, 2017, RAISHANI attempted to board a flight bound for Turkey (via Portugal) at JFK Airport, at which point law enforcement officers arrested him.

Following RAISHANI’s arrest, the FBI searched RAISHANI’s Bronx residence pursuant to a search warrant.  Among the evidence recovered was a letter from RAISHANI addressed to members of his family, which the FBI found in a safe in RAISHANI’s bedroom.  In the letter, RAISHANI – who left behind his wife and young son when he attempted to travel to Syria to join ISIS – advised his wife that she could still choose to “[j]oin” him in the Islamic State, and he expressed regret that she did not share his radical views and that he had been unable to convince her to accompany him to join ISIS.  RAISHANI also wrote:  “Do Not Divulge this document and other documents that I have giv[en] to you to the authorities.  Do not believe their plots.  Do not divulge my absences but instead say I went to do volunteering outside the country with my medical skills and health background.”          

In addition to the prison term, RAISHANI, 32, of the Bronx, New York, was sentenced to 20 years of supervised release.

Mr. Berman praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the NYPD’s Intelligence Division.  Mr. Berman also thanked the Counterterrorism Section of the Department of Justice’s National Security Division, as well as the New York Office of U.S. Customs and Border Protection.

[1] Communications and conversations discussed herein are described in substance and in part.

Bronx High School Teacher Charged With Possession And Distribution Of Child Pornography

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrest of JONATHAN SCHWEITZER for possession and distribution of child pornography.  SCHWEITZER was arrested today and presented before United States Magistrate Judge Robert W. Lehrburger. 

U.S. Attorney Geoffrey S. Berman said:  “As alleged, Jonathan Schweitzer received, possessed, and distributed child pornography, including depictions of young children.  The allegations are particularly disturbing in light of Schweitzer’s position as a school teacher.  We will continue to work with our law enforcement partners to protect children.”

Special Agent-in Charge Angel M. Melendez said:  “Schweitzer works in a position of trust, responsible for teaching the young people of New York City for more than a decade.  Yet, he is alleged to have shared and received child pornography in various dark-web chatrooms.  The abuse and exploitation of children for viewing pleasure is abhorrent, and we will seek to arrest those predators so that they face justice for their actions.”

Police Commissioner James P. O’Neill said:  “This individual allegedly violated his professional trust as a teacher to commit one of the most heinous crimes imaginable.  I’d like to thank our local, state and federal law enforcement partners involved in this case for their hard work and diligence to ensure that one less person allegedly responsible for these egregious offenses is held accountable for their actions.” 

According to the allegations in the Complaint filed today[1]:

Between at least February 2019 and March 2019, SCHWEITZER, who is employed as a teacher at a high school located in the Bronx, used a peer-to-peer file sharing network to share approximately 10 unique video files known to contain child pornography.  The child pornography included depictions of prepubescent children engaged in sexual activity with other children or adults.  On April 3, 2019, law enforcement officers executed a search warrant at SCHWEITZER’S apartment and recovered his laptop computer, which contained numerous files containing child pornography.

SCHWEITZER, 41, of the Bronx, New York, is charged with one count of distribution and receipt of child pornography, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison, and one count of possession of child pornography, which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

The charges in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.

Mr. Berman praised the New York City Police Department and Homeland Security Investigations for their outstanding investigative work. 

 [1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

Leader Of ‘Nine Trey Gangsta Bloods’ Pleads Guilty To Racketeering And Narcotics Offenses In Manhattan Federal Court

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JAMEL JONES, a/k/a “Mel Murda,” pled guilty today in Manhattan federal court to racketeering and narcotics offenses as part of his participation in the Nine Trey Gangsta Bloods (“Nine Trey”).  U.S. District Judge Paul A. Engelmayer presided over the defendant’s guilty plea.

U.S. Attorney Geoffrey S. Berman said:  “Today, Jamel Jones admitted in open court to his involvement in Nine Trey and distributing drugs for the gang.  We will continue to work with our law enforcement partners to keep our communities safe and vigorously investigate and prosecute those who bring violence and drugs into our communities.”

As alleged in the Indictment and statements made in open court:

Nine Trey was a criminal enterprise involved in committing numerous acts of violence, including shootings, robberies, and assaults in and around Manhattan and Brooklyn.  Members and associates of Nine Trey engaged in violence to retaliate against rival gangs, to promote the standing and reputation of Nine Trey, and to protect the gang’s narcotics business.  Members and associates of Nine Trey enriched themselves by committing robberies and selling drugs, such as heroin, fentanyl, furanyl fentanyl, MDMA, dibutylone, and marijuana. 

JONES, 38, of Brooklyn, pled guilty to one count of racketeering conspiracy for his involvement in Nine Trey, which carries a maximum sentence of 20 years in prison; and one count of participating in a narcotics distribution conspiracy, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 40 years in prison.  JONES’S sentencing has been scheduled for July 17, 2019, at 2:30 p.m. before Judge Engelmayer.

The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.           

Mr. Berman praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Manhattan U.S. Attorney Announces Return To Its Rightful Owners Of Old Master Painting Stolen By Nazis

The 1639 Painting by Salomon Koninck Titled “A Scholar Sharpening His Quill,” Was Looted by the Nazis from the Schloss Family During World War II

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the return to its rightful owner of a painting looted by the Nazis during World War II.  The piece, A Scholar Sharpening His Quill, painted in 1639 by Salomon Koninck (the “Painting”), was stolen from the children and heirs of renowned Jewish art collector Adolphe Schloss.  Schloss was a prominent Jewish art collector in Paris whose large collection of Old Master paintings (the “Schloss Collection”) was regarded as among the most significant private collections of Dutch and Flemish paintings assembled in prewar France.

Manhattan U.S. Attorney Geoffrey Berman said:  “The campaign of cultural plunder that the Nazis directed against millions of innocent Jews was sadistic and unjust.  That is why restitution in this case is more than returning a material good, but restoring a physical part of lost heritage.  After nearly 80 years of being lost, this painting has been found and we are returning it to the Schloss family.”

During World War II, the Nazis created a division known as the Einsatzstab Reichleiter Rosenberg (the “ERR”) in order to “study” Jewish life and culture as part of the Nazis’ propagandist mission against the Jews.  Principally, the ERR confiscated artworks and other cultural holdings of “the enemies of the Reich” on a massive scale, and registered and identified those artworks – even photographing them – thereby leaving behind a detailed record of the works that they stole.  ERR records and photographs of art and cultural artifacts looted by the Nazis are digitized and available in an online database created by the Conference on Jewish Material Claims Against Germany, and this database includes a photograph of the Painting taken by the ERR during World War II.

Upon the outbreak of World War II in 1939, the Schloss heirs moved the Schloss Collection from Paris to Chateau de Chambon, a township in Southern France, in an attempt to protect the collection from looting by the Nazis.  Due to its value and significance, the ERR made substantial efforts to locate and loot the Schloss Collection.  In 1943, the Schloss Collection was ultimately looted by the ERR from its holding place in Chateau de Chambon.  The Nazis took 262 paintings from the Schloss Collection, including the Painting, and transported them to a depot located at the Jeu de Paume, a prewar museum in Paris that was operated by the ERR during the war.  Ultimately, the Painting was selected by the Nazis to be transported to the the “Führerbau,” Hitler’s headquarters in Munich, from where it and many other paintings disappeared in the aftermath of the war.

The Painting resurfaced in November 2017, when a Chilean art dealer (the “Consignor”) attempted to sell the painting through a New York-based auction house.  When the Painting arrived in New York from Chile, it was determined that it was the same Painting that came from the Schloss collection and had been looted by the Nazis.  When the Consignor was informed of this, the Consignor stated that her father had purchased the Painting from Walter Andreas Hofer in Munich in 1952.  Hofer was Hermann Göring’s chief purchasing agent and as such was a key player in the confiscation and looting of Jewish art collections during the Nazi era.  In 1950, after being tried in absentia by a French military tribunal for his role in art plundering during World War II, Hofer was found guilty and sentenced to 10 years in prison.

The United States Attorney’s office filed a complaint seeking civil forfeiture of the painting on October 19, 2018, and Judge George B. Daniels entered a judgment of forfeiture on March 11, 2019.  The United States today returns the painting to the Schloss heirs, and welcomes two members of the family to New York to accept the painting.

Mr. Berman thanked the FBI’s Art Crime Team for their assistance.

Citywide Crime Continues to Decline in March 2019

Record-Breaking Low Crime in March Sets New Quarterly Low

The NYPD announced today that in March 2019 the city experienced the lowest number of reported index crimes of any March in the CompStat era, an achievement that propelled the city to the lowest first quarter index crime results on record and a new all-time low for any quarter in the modern era. Crime in New York in March 2019 was down in all of the seven major categories, when compared to 2018. Rapes increased by +9.5% in the first quarter of 2019, but are down -3.8% for the month of March.

"The day in day out hard work of the men and women of the NYPD across every community continues to drive crime down citywide," said Police Commissioner James P. O'Neill. "Through Neighborhood Policing, and our strengthened partnerships with the public, community leaders and other city agencies, we will continue to build trust and find solutions to address crime and violence."

"Every New Yorker deserves to feel safe in their home. While crime is at a historic low across the city, we are working to make this a reality in every zip code," said Mayor Bill de Blasio. "We are doubling down on our efforts to bring these communities and police together to find new ways to fight crime and make our City safer and fairer."

Key highlights from this March crime statistics include:

• A -6.2% reduction in index crime in March 2019 (6,798), compared to March 2018 (7,248). March 2019 is the lowest March in the CompStat era.
• Transit crime down -5.5% in March 2019 (173) compared to March 2018 (183).
• Housing crime down -0.8% in March 2019 (388) compared to March 2018 (391).
• Murders fell -27.3%, rapes fell -3.8%, robberies fell -6.7%, felony assaults fell -0.4%, burglaries fell -17.5%, grand larcenies fell -4.4%, and grand larceny auto fell -18.8% in March 2019 compared to March 2018.

At the outset of March 2019, the NYPD implemented a five-point plan designed to take aim at precincts experiencing pockets of increased violence. This plan is addressing the uptick by: increasing personnel in four targeted precincts (34, 43, 79, 113 Precincts), strengthening gun prosecutions, expanding programs focusing on gang violence and potential recidivism, and focusing on domestic violence investigations. A month later, there have been double-digit reductions in overall crime in each of the selected precincts. While violence has not been fully stamped out, the 43 Precinct experienced both zero murders and zero shooting incidents, while the 113 Precinct recorded zero murders. The NYPD will continue to analyze and address obstinate pockets of violence through a combination of the previously mentioned resources.

Additionally, in January, Commissioner O'Neill announced the next iteration of Neighborhood Policing — a plan to focus on six precincts citywide where violent crime outpaced the rest of the city. These precincts include: the 40th Precinct in the South Bronx, the 41st Precinct in Hunts Point, the 42nd Precinct in Tremont, the 73rd Precinct in Brownsville, the 75th Precinct in East New York, and the 25th Precinct in East Harlem. Commissioner O'Neill and the executive NYPD team are holding targeted community meetings in each of these six precincts to identify strategies and resources that will be newly deployed to bring crime down in these communities to levels consistent with the rest of New York City.

Statistics on Index Crimes 2018-2019

Mar. 2019	Mar. 2018	Change	+/-%	Year-to-Date 2019	Year-to-  Date 2018	Change	+/-%
Murder	16	22	-6	-27.30%	69	60	9	15.00%
Rape	154	160	-6	-3.80%	438	400	38	9.50%
Robbery	872	935	-63	-6.70%	2690	3023	-333	-11.00%
Felony Assault	1589	1595	-6	-0.40%	4319	4508	-189	-4.20%
Burglary	713	864	-151	-17.50%	2355	2724	-369	-13.50%
Grand Larceny	3138	3283	-145	-4.40%	9252	9827	-575	-5.90%
G.L.A.	316	389	-73	-18.80%	971	1137	-166	-14.60%
TOTAL	6798	7248	-450	-6.20%	20094	21679	-1585	-7.30%

Additional Statistics on Crimes 2018-2019

Mar. 2019	Mar. 2018	Change	+/-%	Year-to-Date 2019	Year-to-Date 2018	Change	+/-%
Transit	173	183	-10	-5.50%	559	562	-3	-0.50%
Housing	388	391	-3	-0.8	1100	1120	-20	-1.80%
Shooting Incidents	56	46	10	21	150	141	9	6.40%

March Rape Breakdowns

CompStat Year	Count	Occurred Same Year	Occurred Previous Year	Occurred 2 Years Prior	Occurred 3 Years Prior	Occurred 4 Years Prior	Occurred 5+ Years Prior
2019	154	114	20	6	3	0	11
2018	160	110	23	4	7	3	13
2017	111	85	18	3	1	0	4
2016	101	83	13	4	0	0	1
2015	109	89	11	2	3	0	4
2014	101	78	7	2	2	1	11

Note: All crime statistics are preliminary and subject to further analysis, revisions, or change.

Attorney General James Announces Arrest And Indictment Of Couple In $650,000 Securities Fraud Scheme

David and Ramona Wright Allegedly Used Money Obtained from Over Two Dozen Investors for Personal Expenditures, Including the Purchase of a 53-Foot Yacht, Two Lincoln Navigators, and Rolex Watches 

  Attorney General Letitia James announced today the indictment of David Wright, 53, President of Wright Wellness Solutions, Inc., and Ramona Wright, 54, Secretary/Treasurer of Wright Wellness Solutions, Inc. (both formerly of Sherrill, New York) on two indictments charging them with defrauding over two dozen individuals in a $650,000 investment fraud scheme. The Wrights, who were arrested in Myrtle Beach, South Carolina where they were staying on a yacht they allegedly purchased with the stolen money, were arraigned today on both indictments before Oneida County Court Judge Robert L. Bauer. 

“Allegedly defrauding dozens of individuals out of hard-earned money, all for personal gain is a cowardly act that cannot and will not go unanswered in the State of New York,” said Attorney General Letitia James. “My office will continue to work diligently to root out and hold accountable anyone who steals from New Yorkers.” 

According to statements made by prosecutors and documents filed in court today, the Wrights allegedly solicited and obtained over $650,000 in investments in Wright Wellness Solutions from over two dozen individuals for the development, marketing, and sale of a rehabilitative hospital bed called “The Klossner” and promising lucrative and swift returns on investment.  

The Wrights allegedly used the investment money almost exclusively for personal gain, including the purchase of a $145,000 53-foot yacht they named the “Mad Hatteras,” $120,000 to purchase, fuel, and maintain two luxury vehicles, over $100,000 in cash withdrawals, the purchase of two Rolex watches, and self-dealing transfers to other companies the Wrights owned. Additionally, the Wrights allegedly gave themselves unauthorized loans of investment money and falsely omitted those loans from the financial statements of the company.   

The Wrights are jointly charged with two counts of Grand Larceny in the Third Degree, a class D felony, one count of Scheme to Defraud in the First Degree, a class E felony, and one count of securities fraud under General Business Law Section 352-c(6) (the Martin Act), a class E felony.  Ramona Wright is also charged with one count of Falsifying Business Records in the First Degree, a class E felony.   

The Wrights were arraigned today in Oneida County Court before the Hon. Robert L. Bauer. Bail for both David Wright and Ramona Wright was set in the amount of $300,000 bond or $150,000 cash. Both defendants are next scheduled to appear in court on April 10, 2019.  

If convicted of all counts, David Wright faces up to 6 to 18 years in state prison, and Ramona Wright faces up to 7 1/3 to 20 years in state prison.   

The charges against the defendants are allegations and the defendants are presumed innocent unless and until proven guilty.    

The Attorney General’s criminal investigation was initiated after a complaint made to the Office’s Investor Protection Bureau.  The Attorney General’s Office thanks the Horry County Sheriff’s Office in South Carolina for their assistance in locating and arresting the defendants, as well as the Oneida County District Attorney’s Office. 

Attorney General James And Multistate Coalition Sue Trump Administration For Gutting Key Nutritional Standards For School Meals

Coalition Challenging “Illegal” Revisions to Nutritional Requirements for School Breakfasts and Lunches  

Weakened Standards Impact Over 1.6 Million New York Schoolchildren  

  Attorney General Letitia James, leading a multistate coalition, today announced a lawsuit against the Trump Administration for illegally weakening key federal nutritional standards for breakfasts and lunches served to nearly 30 million  schoolchildren in the United States. The coalition contends that the Trump Administration’s Department of Agriculture’s (USDA) rollback of sodium limits and whole grain requirements for school meals lacks legally-mandated scientific basis, and, in further violation of law, was adopted without public notice and opportunity to comment.  

“Over a million children in New York – especially those in low-income communities and communities of color – depend on the meals served daily by their schools to be healthy, nutritious, and prepare them for learning,” said Attorney General Letitia James. “The Trump Administration has undermined key health benefits for our children – standards for salt and whole grains in school meals – with deliberate disregard for science, expert opinion, and the law. My office will use every tool at our disposal to fight back against these shameful rollbacks and ensure our children our protected.” 

Established in 1946, the National School Lunch Program is a federally subsidized program that provides students with healthy, balanced meals in schools at low- or no-cost. Since that time, Congress has taken action to ensure that program’s nutritional guidelines keep current with the best scientific evidence with the most recent modernization occurring in 2010 with the Healthy Hunger-Free Kids Act. 

In 2018, nearly 30 million children consumed nearly five billion school lunches, and more than 14 million children ate school breakfasts under the national school lunch and breakfast programs with over 1.6 million children participating in New York alone. School meal programs are especially important for children in low-income families; in 2018, more than 74 percent of school lunches and 85 percent of school breakfasts provided to schoolchildren in the United States were offered free or at a reduced price. Further, according to USDA’s own figures, a disproportionately high share of students participating in the national school lunch and breakfast programs are black or Hispanic. 

In 1994, Congress acted to require school meals to be consistent with the Dietary Guidelines for Americans (Dietary Guidelines), nutritional and dietary information, and guidelines for the general public that are jointly issued by USDA and the Department of Health and Human Services. In 2010, Congress directed USDA to update the nutritional requirements based on a 2009 study by the Food and Nutrition Board, which is part of the National Academy of Sciences.  

The Food and Nutrition Board study found that the daily sodium intake for schoolchildren “clearly was excessive,” and at levels significantly above the Dietary Guidelines. The study cited scientific evidence showing a relationship between sodium intake and blood pressure in children as well, and that “high blood pressure responds to a reduction in salt intake in children as in adults.” Consequently, the Food and Nutrition Board Study recommended sodium limits for school meals based on the Dietary Guidelines.    

The study also found “extremely low” consumption of whole grains by schoolchildren. USDA has recognized that whole grains are an important source of iron, magnesium, selenium, B vitamins, and dietary fiber, and that eating whole grains in nutrient dense forms may lower body weight and reduce the risk of cardiovascular disease. The study recommended that grain products served in schools be “whole grain-rich”—i.e., contain at least 51% whole grains—as recommended by the Dietary Guidelines. 

In 2010, Congress enacted the Healthy, Hunger-Free Kids Act, which directed USDA to issue revised nutritional standards for school lunches and breakfasts. After public notice and extensive comment on the proposed rule – over 133,000 public comments were considered – USDA in 2012 issued new, updated nutritional standards for school meals. These updates included, for the first time, interim and final limits for sodium, as well as a requirement increasing the whole grains in school meals. In accordance with federal law, the standards set for sodium and whole grain were consistent with the Dietary Guidelines and the recommendations of the Food and Nutrition Board study.  

Most schools across the nation have now met the first sodium reduction target of the 2012 regulation. Further, the majority of schools are now meeting the regulation’s standard by serving bread, pancakes, pasta, and other foods to students that are entirely whole-grain rich. 

Despite this substantial progress, in 2018, the Trump Administration’s USDA issued a rule that dismantled key nutrition standards set by the 2012 Rule, eliminating the final maximum sodium target, delaying by five years the second intermediate maximum sodium target that had been set for the 2019-2020 school year, and cutting in half the whole grains requirement. In issuing the rule, the Trump USDA failed to explain how the changes to the sodium and whole grain nutrition standards for school meals were, as required by law, “consistent with the goals of the latest Dietary Guidelines for Americans” and “based on” the Food and Nutrition Board study’s recommendations. Further, the 2018 rule was neither issued as a proposed rule nor was the public provided an opportunity to comment on it.   

Joining Attorney General James in today’s lawsuit, are the Attorneys General of California, the District of Columbia, Illinois, Minnesota, New Mexico, and Vermont. 

The lawsuit was filed in the US District Court for the Southern District of New York. 

BRONX MAN SENTENCED TO 14 YEARS IN PRISON FOR FATALLY STABBING FRIEND OVER PETTY DISPUTE

Defendant Pleaded Guilty to Manslaughter

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 14 years in prison for fatally stabbing his friend in May 2016. The defendant’s brother was also sentenced for his involvement in the incident. 

 District Attorney Clark said, “Yet again, the Bronx sees a senseless violent act stemming from a petty argument. The victim was killed at a young age, and the defendants, who are also young men, must now face the consequences and go to prison.” 

 District Attorney Clark said the defendant, Brandon Garcia, 24, of 3219 Barker Avenue, was sentenced today to 14 years in prison and 5 years post-release supervision by Bronx Supreme Court Justice James McCarty. The defendant pleaded guilty to first-degree Manslaughter before Bronx Supreme Court Justice Barry E. Warhit on January 9, 2019. The defendant’s brother Gary Garcia, 20, pleaded guilty to second-degree Assault on January 9, 2019. He was given Youthful Offender status and was sentenced by Justice Warhit to 1 1/3 to 4 years in prison on January 29, 2019.

 According to the investigation, on May 11, 2016, in front of 2953 Decatur Avenue, Brandon Garcia stabbed Daniel Pena, 23, causing his death. Pena and Garcia, who were friends, had gotten into an argument a few days prior to the incident over littering in front of Pena’s grandmother’s apartment. The argument continued on the day of the incident when the defendant and his brother saw the victim on a street corner. The younger brother got into a physical altercation with Pena. Brandon Garcia then stabbed Pena three times in the torso, the force of the stabbing caused the knife handle to break from the blade, leaving the blade stuck in Pena’s body. The victim died shortly after at the hospital. The defendants fled to Puerto Rico where they were arrested on May 26, 2016.

 District Attorney Clark thanked Detective Mitchell Geist of Bronx Homicide, Detective Edward Reardon of the 52nd Precinct, and Detective Investigator Stephen Polizzi of the Bronx DA’s Detective Investigators.