Thoroughbred Racehorse Trainer Jason Servis Sentenced To Four Years In Prison

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant JASON SERVIS was sentenced to four years in prison today for his role in a years-long scheme in which horses trained by SERVIS were doped with approved and unapproved drugs designed to improve the performance of SERVIS’s racehorses, in connection with the charges filed in United States v. Navarro et al., 20 Cr. 160 (MKV).  SERVIS was one of over 30 defendants charged in four separate cases in March 2020, each arising from this Office’s multi-year investigation of the abuse of racehorses through the use of performance enhancing drugs (“PEDs”).

U.S. Attorney Damian Williams said: “This sentence sends a clear signal to those in the racehorse industry that no one is above the law.  Endangering the welfare of animals for profit will not be tolerated.  Illegally doping racehorses is a serious crime that will be met with a serious sentence.”

According to the allegations contained in the Superseding Indictment, the Superseding Information charging SERVIS, prior charging instruments, other filings in this case, and statements during court proceedings:

 The charges in the Navarro case arose from an investigation of widespread schemes by racehorse trainers, veterinarians, PED distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing.  By evading PED prohibitions and deceiving regulators and horse racing officials, participants in these schemes sought to improve race performance and obtain prize money from racetracks throughout the United States and other countries, including in New York, New Jersey, Florida, Kentucky, and Saudi Arabia, all to the detriment and risk of the health and well-being of the racehorses.  Trainers who participated in the schemes, like SERVIS, stood to profit from the success of racehorses under their control by earning a share of their horses’ winnings and by improving their horses’ racing records, thereby yielding higher trainer fees and increasing the number of racehorses under their control.

SERVIS obtained hundreds of bottles of the drug “SGF-1000,” which was compounded and manufactured in unregistered facilities and contained growth factors that the defendant believed to be undetectable through regular drug screens.  Virtually all the horses in SERVIS’s barn received that drug, including the thoroughbred racehorse “Maximum Security,” who crossed the finish line first at the 2019 Kentucky Derby.  SGF-1000 was an intravenous drug promoted as, among other things, a vasodilator capable of promoting stamina, endurance, and lower heart rates in horses through the purported action of “growth factors.”  SERVIS approved veterinary bills to racehorse owners that contained concealed charges for SGF-1000, which were falsely billed under the line item “Acupuncture & Chiropractic.”  In September 2019, the New York State Gaming Commission released an advisory stating that SGF-1000 was prohibited under the racing rules and had been prohibited since 2012.  SERVIS continued to allow the administration of that drug on the horses he trained up until his arrest in March 2020.

SERVIS-trained horses were also regularly administered the prescription drug “Clenbuterol” with no valid prescription, which was part of a deliberate effort to conceal that conduct from racing regulators and avoid mandatory reporting requirements.

SERVIS further obtained and transported a misbranded version of “Clenbuterol,” which he obtained from convicted co-defendant JORGE NAVARRO.

In addition to the prison term, SERVIS, 65, of Jupiter, Florida, was sentenced to one year of supervised release and ordered to pay $311,760 in forfeiture, $163,932 in restitution, and a $30,000 fine.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation New York Field Office’s Eurasian Organized Crime Task Force and its support of the Bureau’s Integrity in Sports and Gaming Initiative.  Mr. Williams also thanked the Food and Drug Administration and Customs and Border Protection for their assistance and expertise.

Attorney General James Announces Opposition to Proposed Settlement with 3M Company for Contaminating Drinking Water

 

AG James Joins Bipartisan Coalition of 23 Attorneys General to Slam Settlement that Could Leave Taxpayers Liable for Corporate Pollution

New York Attorney General Letitia James announced her opposition to a proposed class action settlement with the 3M Company (3M) that fails to hold the company accountable for contaminating the drinking water of millions of Americans. Together with a bipartisan group of 22 other attorneys general, Attorney General James noted that under the proposed settlement, public water systems would withdraw the hundreds of lawsuits they have filed against 3M over its use of per- and polyfluoroalkyl substances — commonly referred to as “PFAS” or toxic “forever chemicals” — in a wide range of consumer products and firefighting foams. The water systems would also have to withdraw their lawsuits without knowing what settlement funds they would receive from 3M. PFAS chemicals resist degradation in the environment and accumulate in the body. Health effects associated with exposure to them include kidney and testicular cancer, thyroid disease, liver damage, immune system effects, and other conditions.

“These toxic ‘forever chemicals’ have contaminated water supplies across the nation, including here in New York, and have caused devastating health problems,” said Attorney General James. “This proposed settlement would allow 3M to skirt responsibility for their pollution and could leave taxpayers on the hook for expensive cleanup efforts. New Yorkers have a basic right to clean drinking water, and I will not allow corporate polluters to avoid their responsibility to clean up their messes.”

States and municipalities have filed thousands of lawsuits against 3M and other companies in recent years for their role in PFAS pollution. PFAS chemicals tend to be persistent in the environment and have been used for decades as ingredients in fabrics, cosmetics, cookware, and more. According to the New York State Department of Health, PFAS have been detected in almost 40 percent of public drinking water supplies in the state, including 60 percent of systems serving more than 10,000 people. To date, New York has spent tens of millions of dollars on PFAS cleanup-related costs.

In the brief filed with the U.S. District Court for the District of South Carolina, the bipartisan, multistate coalition warns that the proposed settlement would apply to thousands of public water systems in the United States, even those that have not sued and those that have yet to test for the presence of PFAS in their water.

Eligible water systems would be bound by the proposed settlement unless they proactively opt-out, and would have to do so without knowing what settlement funds they could receive. Additionally, water systems would have to opt-out in many cases before knowing the extent of contamination in their water supplies and the ongoing cost of remediating a “forever chemical”. In return for waiving their claims, 3M would pay out $10.5 to $12.5 billion to water providers, an amount that may be worth far less or even exceed the recovery because certain provisions may require water providers to indemnify 3M.

For example, if a cancer cluster develops in a PFAS-impacted community and the victims sue 3M, 3M would likely be able to seek indemnity from the community’s public water supplier for any amount 3M owed to the victims. If the water system is unable to meet the obligation, this burden may fall upon taxpayers.

Joining Attorney General James in opposing the proposed settlement are the attorneys general of Arizona, California, Colorado, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Wisconsin, the District of Columbia, as well as the Commonwealth of the Northern Mariana Islands and the Commonwealth of Puerto Rico.

Attorney General James has been a leader in fighting to protect New Yorkers' access to clean water and a clean environment. This past March, Attorney General James led a lawsuit with Department of Environmental Conservation (DEC) Commissioner Basil Seggos against 29 New York companies for illegally dumping waste. In May 2022, Attorney General James brought a lawsuit against three New York City bus companies for violating city and state bus idling laws and causing significant air pollution. In May 2020, Attorney General James led a coalition of nine attorneys general to sue the Trump administration for limiting enforcement of environmental protection laws. In addition to joining this multistate coalition, Attorney General James led multistate coalitions calling on leaders in Congress to strengthen public health and environmental protections against PFAS chemicals in November 2021. Attorney General James also led a coalition in July 2019 urging Congress to pass legislation that would help states address and prevent future PFAS pollution.

A copy of the motion to intervene is available here and of the opposition here.  

NYC EMERGENCY MANAGEMENT AND THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE URGE NEW YORKERS TO PREPARE FOR MULTIPLE DAYS OF EXTREME HEAT

 

New York City will be under an excessive heat warning from Thursday, July 27, through Friday, July 28

 

Cooling centers are open across the city beginning Thursday, July 27. To find the nearest location, including hours of operation, call 311 or visit the City’s Cooling Center Finder

(Cooling Center Finder will be activated Wednesday evening)

With high heat and humidity expected to affect New York City, The New York City Emergency Management Department and the Department of Health and Mental Hygiene are urging New Yorkers to take precautions to beat the heat. The National Weather Service issued an Excessive Heat Warning for New York City in effect on Thursday, July 27 at 11 a.m. through Friday, July 28 at 9 p.m. According to the latest National Weather Service forecast, temperatures are predicted to reach the upper 90s with heat indices of 104 degrees. The most intense conditions are predicted to hit on Friday. Indices are expected to be at Heat Advisory levels for Saturday, July 29. There is also a potential for thunderstorms to occur Saturday afternoon and evening. A cold front will bring temperatures down to the mid-80s on Sunday, July 30.

 

“New Yorkers should prepare for an excessive heat advisory in effect starting tomorrow until Saturday,” said New York City Mayor Eric Adams. “Let’s not underestimate the effects severe heat can have on us and our neighbors. As such, we will have our cooling centers opening to help New Yorkers stay cool. And our city’s resident can find additional ways to stay cool at NYC.gov/beattheheat. Make sure to check in on your elderly neighbors, drink water, and keep your pets hydrated.”

 

“We are expecting extreme heat to hit New York City, temperatures are predicted to reach the upper 90s with heat indexes above 105. It is imperative for New Yorkers to understand the potential dangers of high heat and humidity, which are among the deadliest weather emergencies we face in NYC,” said NYC Emergency Management Commissioner Zach Iscol. “Remember to take care of each other, stay hydrated, and if you are venturing outdoors, avoid strenuous activity and wear lightweight clothing.”

 

“Heat is a deadliest of all extreme weather events – both locally and nationally,” said Department of Health and Mental Hygiene Commissioner Dr. Ashwin Vasan. “Seek help if you feel symptoms like hot, dry or cold and clammy skin, confusion or disorientation, nausea and vomiting, trouble breathing, dizziness, weakness or a rapid heartbeat. Check on your neighbors, family, friends. People who are sick, elderly, or disabled often need greater assistance in a heat emergency. Make sure to drink lots of water and avoid drinks containing alcohol and caffeine. The days ahead are potentially dangerous, and we need to take care of ourselves.” 

 

To help New Yorkers beat the heat, on Thursday through Saturday, New York City will open cooling centers throughout the five boroughs. Cooling center locations may have changed from last year. To find a cooling center, including accessible facilities closest to you, call 311 (212-639-9675 for Video Relay Service, or TTY: 212-504-4115) or visit the City’s Cooling Center Finder. The finder will be activated this evening Wednesday, July 26. New York City opens cooling centers when the heat index is forecast to be 95 degrees or above for two or more consecutive days, or if the heat index is forecast to be 100 degrees or above for any amount of time. To prevent the spread of COVID-19, individuals are reminded to stay at home if they are feeling sick or exhibiting symptoms of COVID-19.

 

New Yorkers can now also find cooling centers that welcome pets throughout the five boroughs. The City has also partnered with Petco to offer New Yorkers and their pets additional spaces to seek relief from the heat. All locations can be found on the City’s Cooling Center Finder. As a reminder, service animals are always allowed at cooling centers. 

 

In New York City, most heat-related deaths occur after exposure to heat in homes without air conditioners. Air conditioning is the best way to stay safe and healthy when it is hot outside, but some people at risk of heat illness do not have or do not turn on an air conditioner.

 

The New York City Emergency Management Department and the Health Department urge New Yorkers to take steps to protect themselves and help others who may be at increased risk from the heat. For more information, including heat-related health tips and warning signs of heat illness, visit NYC.gov/health or NYC.gov/beattheheat.

 

New York City's outdoor pools are open for the summer. All NYC Parks Intermediate and Olympic-sized outdoor pools will be extending their operation by one hour, and stay open until 8 p.m. on Thursday, Friday, and Saturday in response to the heat advisory. Standard pool protocols apply—bring a bathing suit, towel, and lock to secure belongings. More information can be found at nyc.gov/parks/pools.

 

A citywide map of outdoor cooling options (including spray showers, drinking fountains, and more) can be found online at Cool It! NYC.

 

During extreme heat, the Department of Social Services (DSS) issues a Code Red Alert. During Code Reds, shelter is available to anyone experiencing homelessness, where those experiencing heat-related discomfort are also able to access a designated cooling area. DSS staff and the agency’s not-for-profit contracted outreach teams who engage with individuals experiencing homelessness 24/7/365 redouble their efforts during extreme heat, with a focus on connecting vulnerable New Yorkers experiencing unsheltered homelessness to services and shelter.

 

ADDITIONAL HEALTH AND SAFETY TIPS FOR PROTECTION AGAINST THE HEAT

 

• Go to an air-conditioned location, even if for a few hours.
• Stay out of the sun and avoid extreme temperature changes.
• Avoid strenuous activity, especially during the sun’s peak hours: 11 a.m. to 4 p.m. If you must do strenuous activity, do it during the coolest part of the day, which is usually in the morning between 4 a.m. and 7 a.m.
• Remember: drink water, rest, and locate shade if you are working outdoors or if your work is strenuous. Drink water every 15 minutes even if you are not thirsty, rest in the shade, and watch out for others on your team. Your employer is required to provide water, rest, and shade when work is being done during extreme heat.
• Wear lightweight, light-colored clothing when inside without air conditioning or outside.
• Drink fluids, particularly water, even if you do not feel thirsty. Your body needs water to keep cool. Those on fluid-restricted diets or taking diuretics should first speak with their doctor, pharmacist, or other health care provider. Avoid beverages containing alcohol or caffeine.
• Eat small, frequent meals.
• Cool down with a cool bath or shower.
• Participate in activities that will keep you cool, such as going to the movies, visiting museums, walking in an air-conditioned mall, or swimming at a pool or beach.
• Make sure doors and windows have tight-fitting screens and, in apartments where children live, and window guards. Air conditioners in buildings more than six stories must be installed with brackets so they are secured and do not fall on someone below.
• Never leave your children or pets in the vehicle, even for a few minutes.
• Visit a cooling center: Cooling Center Finder

 

KNOW THE WARNING SIGNS OF HEAT ILLNESS

 

Call 911 immediately if you or someone you know has:

 

• Hot dry skin.
• Trouble breathing.
• Rapid heartbeat.
• Confusion, disorientation, or dizziness.
• Nausea and vomiting.

 

If you or someone you know feels weak or faint, go to a cool place and drink water. If there is no improvement, call a doctor or 911.

 

KEEPING YOUR PETS SAFE

 

• Avoid dehydration: Pets can dehydrate quickly, so give them plenty of fresh, clean water.
• Walk your dog in the morning and evening: When the temperature is very high, do not let your dog linger on hot asphalt. Your pet’s body can heat up quickly, and sensitive paw pads can burn.
• Know when your pet is in danger: Symptoms of overheating in pets include excessive panting or difficulty breathing, increased heart and respiratory rate, drooling, mild weakness, unresponsiveness, or even collapse.

 

IMPROPER FIRE HYDRANT USE

 

The improper opening of fire hydrants wastes 1,000 gallons of water per minute, causes flooding on city streets, and lowers water pressure to dangerous levels, which hamper the ability of the Fire Department to fight fire safely and quickly.

 

Use “spray caps” to reduce hydrant output to a safe 25 gallons per minute while still providing relief from the heat. To obtain a spray cap, an adult 18 years or older with proper identification can go to his or her local firehouse and request one.

 

ENERGY-SAVING TIPS

 

During periods of intense electrical usage, such as on hot, humid days, it is important to conserve energy as much as possible to avoid brownouts and other electrical disruptions. While diminishing your power usage may seem inconvenient, your cooperation will help to ensure that utility providers are able to provide uninterrupted electrical service to you and your neighbors, particularly those who use electric powered medical equipment or are at risk of heat-related illness and death:

 

• Set your air conditioner to 78°F or “low.”
• Run appliances such as ovens, washing machines, dryers and dishwashers in the early morning or late at night when it is cooler outside to reduce heat and moisture in your home.
• Close doors to keep cool air in and hot air out when the air conditioner is running.
• Keep shades, blinds, and curtains closed. About 40 percent of unwanted heat comes through windows.
• Turn off air conditioners, lights, and other appliances when not at home, and use a timer or smart technology to turn on your air conditioner about a half-hour before arriving home. Keep air conditioner filters clean.
• If you run a business, keep your door closed while the air conditioner is running.
• Tell your utility provider if you or someone you know depend on medical equipment that requires electricity.

 

For more information, visit NYC.gov/beattheheat. New Yorkers are also encouraged to stay informed by signing up for Notify NYC, the City's free emergency communications program, to receive free emergency alerts and updates in your preferred language and format by visiting NYC.gov/NotifyNYC, calling 311 (212-639-9675 for Video Relay Service, or TTY: 212-504-4115), following @NotifyNYC on Twitter, or getting the free Notify NYC mobile application for your Apple or Android device.

AIR QUALITY HEALTH ADVISORY ISSUED FOR LONG ISLAND AND NEW YORK CITY METRO REGIONS

 

In Effect for Thursday, July 27, 2023

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and State Department of Health (DOH) Commissioner Dr. James McDonald issued an Air Quality Health Advisory for the Long Island and New York City Metro regions for Thursday, July 27, 2023.

The pollutant of concern is:

• Ozone

The advisory is in effect 11:00 a.m. through 11:00 p.m.

DEC and DOH issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter (PM2.5) are expected to exceed an Air Quality Index (AQI) value of 100. The AQI was created as an easy way to correlate levels of different pollutants to one scale, with a higher AQI value indicating a greater health concern.

OZONE
Summer heat can lead to the formation of ground-level ozone, a major component of photochemical smog. Automobile exhaust and out-of-state emission sources are the primary sources of ground-level ozone and are the most serious air pollution problems in the northeast. This surface pollutant should not be confused with the protective layer of ozone in the upper atmosphere.

Ozone is not a direct emission, and is produced indirectly when sunlight chemically reacts with nitrogen oxides (NOx) and volatile organic compounds (VOCs) from automobile exhaust and industrial emissions. High ozone isn't as visible as PM2.5 because it's a colorless gas, but it will produce hazy skies and reduce visibility in high concentrations.

People, especially young children, those who exercise outdoors, those involved in vigorous outdoor work and those who have respiratory disease (such as asthma) should consider limiting strenuous outdoor physical activity when ozone levels are the highest (generally afternoon to early evening). When outdoor levels of ozone are elevated, going indoors will usually reduce your exposure. Individuals experiencing symptoms such as shortness of breath, chest pain or coughing should consider consulting their doctor.

Ozone levels generally decrease at night and can be minimized during daylight hours by curtailment of automobile travel and the use of public transportation where available.

New Yorkers also are urged to take the following energy-saving and pollution-reducing steps:

• use mass transit or carpool instead of driving, as automobile emissions account for about 60 percent of pollution in our cities;
• conserve fuel and reduce exhaust emissions by combining necessary motor vehicle trips;
• turn off all lights and electrical appliances in unoccupied areas;
• use fans to circulate air. If air conditioning is necessary, set thermostats at 78 degrees;
• close the blinds and shades to limit heat build-up and to preserve cooled air;
• limit use of household appliances. If necessary, run the appliances at off-peak (after 7 p.m.) hours. These would include dishwashers, dryers, pool pumps and water heaters;
• set refrigerators and freezers at more efficient temperatures;
• purchase and install energy efficient lighting and appliances with the Energy Star label; and
• reduce or eliminate outdoor burning and attempt to minimize indoor sources of PM 2.5 such as smoking. A toll-free Air Quality Hotline (1-800-535-1345) has been established by DEC to keep New Yorkers informed of the latest Air Quality situation.

Additional information on ozone and PM 2.5 is available on DEC's website and on DOH's website (PM 2.5) / DOH's website (ozone).To stay up-to-date with announcements from DEC, sign up to receive Air Quality Alerts through DEC Delivers: DEC's Premier Email Service.

The Thursday, July 27, Air Quality Health Advisory regions consist of: Long Island, which includes Nassau and Suffolk counties and New York City Metro, which includes New York City, Rockland, and Westchester counties.

MAYOR ADAMS APPOINTS LISA ZORNBERG AS CITY HALL CHIEF COUNSEL

 

New York City Mayor Eric Adams today announced that Lisa Zornberg, former chief of the Criminal Division at the U.S. Attorney’s Office for the Southern District of New York, will serve as City Hall chief counsel. Zornberg will assume her role following the planned departure of current City Hall Chief Counsel Brendan McGuire in August.

 

In addition to serving as both Mayor Adams’ and City Hall’s counsel, Zornberg will oversee 10 agencies: the Mayor’s Office of Contract Services, the Mayor’s Advisory Committee on the Judiciary, the Mayor’s Office of Labor Relations, the Mayor’s Office for People with Disabilities, the Mayor’s Office of Risk Management and Compliance, the New York City Business Integrity Commission, the New York City Commission on Human Relations, the New York City Department of Records and Information Services, the Office of the Administrative Justice Coordinator, and the Office of Administrative Trials and Hearings.

 

“It is my great honor to announce Lisa Zornberg as New York City’s next chief counsel,” said Mayor Adams. “She is a dedicated public servant who has taken on the corrupt and the criminal, keeping our nation and our city safe. She knows what it takes to ensure justice is served and democracy is protected, and was even once dubbed ‘the tiny tornado’ for her work. We know she will now be a force for good for our city’s residents. Without question, she is the right leader for the right time, and ready to pick up the baton where Brendan McGuire is leaving off. I want to thank Brendan for his service to this city, and for being one of my most trusted advisors and a close friend. Since day one, he has been an independent thinker and he has never shied away from telling me like it is. He is a great legal mind, and he will be missed around City Hall.”

 

“This is the greatest city in the world, and being able to serve New Yorkers as part of the Adams administration is exciting beyond words,” said incoming City Hall Chief Counsel Lisa Zornberg. “A government run with integrity and passion for solving real problems remains, in my view, the best way to lift up people and communities, and that’s what I’m here to do. I’m looking forward to putting everything I’ve learned and every skill I have to work on behalf of New Yorkers.”

 

“It has been a privilege to be a part of this team, and I’m grateful to Mayor Adams for giving me the opportunity to serve the city I love,” said outgoing City Hall Chief Counsel Brendan McGuire. “In Lisa, the city is gaining a dedicated, rigorous, and strategic leader who will hit the ground running in support of the administration and all New Yorkers. I’m confident she’ll excel as our city’s next chief counsel.”

 

“Brendan McGuire has been a dedicated counselor and advisor to the mayor and a dear friend,” said First Deputy Mayor Sheena Wright. “While Brendan will be missed, I am thrilled to welcome Lisa Zornberg to the team. Her experience, passion, and commitment will serve our city well, and I’m looking forward to working with her on some of the biggest issues our city faces.”

 

 “As someone who’s practiced law for many years, I know an exceptional lawyer when I see one — and between Brendan, Judge Sylvia Hinds-Radix, and now Lisa, this administration has some of the city’s best legal minds,” said Chief of Staff Camille Joseph Varlack. “I’m excited to welcome Lisa to the team, and I’m grateful to Brendan for his dedicated service to the mayor and City Hall.”

 

“Congratulations to Lisa Zornberg on a well-deserved appointment. Lisa has a most impressive resume, which shows that she will lend her expertise and skills to our administration’s mission to ‘Get Stuff Done!’ She is a welcome addition to our team, and I look forward to working in partnership with Lisa to fulfill Mayor Adams’ agenda and move New York City forward,” said Chief Advisor to the Mayor Ingrid P. Lewis-Martin. “To my dear colleague Brendan: Words pale to express my deepest thanks for all you’ve done for this administration and, moreover, this city. Your mark is indelible! May your next chapter be your best ever.”

Two Supervisors Charged With Federal Crimes In Connection With Beating Of 16-Year-Old Resident At Bronx Juvenile Detention Center

 

Daquan Seymour and Rashawn Walker, Two Supervisors at the Horizon Juvenile Center in the Bronx, New York, Allegedly Assaulted a 16-Year-Old Resident and Attempted to Conceal Their Crimes by Preparing False Reports

 Damian Williams, the United States Attorney for the Southern District of New York, and Jocelyn E. Strauber, the Commissioner of the New York City Department of Investigation (“DOI”), announced today criminal charges against DAQUAN SEYMOUR and RASHAWN WALKER, two supervisors at the Horizon Juvenile Center (“Horizon”), a secure detention center for juveniles located in the Bronx, New York.  The charges relate to the April 25, 2022, beating of a 16-year-old resident at Horizon (the “Minor Victim”) and attempt to cover-up the beating.  SEYMOUR and WALKER were charged with federal civil rights offenses, including conspiring to deprive the Minor Victim of his constitutional rights and depriving the Minor Victim of his constitutional rights under color of law, as well as filing false reports. SEYMOUR and WALKER were arrested this morning and will be presented in Manhattan federal court later today.  The case has been assigned to U.S. District Judge Edgardo Ramos.

U.S. Attorney Damian Williams said: “Today’s charges allege a violent beating and a brazen cover-up by two supervisors at a juvenile detention facility in the Bronx that left a teenage resident seriously injured.  Instead of safeguarding the youth that they were entrusted with protecting, Seymour and Walker violently dragged, punched, and stomped on the minor and then took steps to conceal the beating.  My Office is committed to protecting the constitutional rights of all New Yorkers, including minors residing at youth detention facilities, and will ensure that those who abuse their authority are held accountable.”

DOI Commissioner Jocelyn E. Strauber said: “Defendants Seymour and Walker, ACS supervisors, had a duty to protect the youth residing in the Horizon Juvenile Center in the Bronx.  Instead, they taunted and violently beat a 16-year-old resident, resulting in bodily injuries requiring medical care, and attempted to hide their disturbing misconduct by filing false reports, as alleged in the Indictment.  Juvenile residents in custody should never be victimized by those entrusted with their safety.  I thank the United States Attorney’s Office for the Southern District of New York for their partnership in this investigation and in our efforts to protect the rights of juveniles in detention centers.”

According to the allegations in the Indictment unsealed today in Manhattan federal court:[1]

On or about April 25, 2022, SEYMOUR and WALKER were employed as Associate Youth Development Specialists at the Horizon Juvenile Center (“Horizon”), a secure detention center for juveniles located in the Bronx, New York, that was operated by the New York City Administration for Children’s Services (“ACS”).  Associate Youth Development Specialists at Horizon are responsible for, among other things, supervising other staff members and ensuring the safety of all juvenile residents. 

At the time of the beating, the Minor Victim was a 16-year-old pre-trial juvenile resident at Horizon.  Following a confrontation between several staff members and juvenile residents at Horizon, including the Minor Victim, SEYMOUR and WALKER violently dragged the Minor Victim by his forearms across the floor of a residential hall and into a private room (the “Room”).  Once inside the Room, SEYMOUR and WALKER beat the Minor Victim, striking him repeatedly and forcefully as the Minor Victim lay on the floor.  SEYMOUR and WALKER took steps to restrain the Minor Victim, including by pinning down the Minor Victim’s hands.  WALKER also stomped on the Minor Victim’s stomach and groin area.  Both SEYMOUR and WALKER taunted and directed profanities at the Minor Victim during the beating.  As a result of the beating, the Minor Victim suffered bodily injuries, including a deep laceration to his upper lip area, which required the Minor Victim to be transported to a nearby hospital for medical care. 

Following the beating of the Minor Victim, SEYMOUR and WALKER attempted to cover up their participation in the beating.  In particular, both SEYMOUR and WALKER prepared Horizon incident reports that described the confrontation between Horizon residents and staff members that immediately preceded the assault but failed to disclose that they dragged or physically assaulted the Minor Victim.

SEYMOUR, 33, of the Bronx, New York, and WALKER, 33, of Queens, New York, are each charged with one count of conspiracy to deprive civil rights, which carries a maximum sentence of 10 years in prison; one count of deprivation of rights under color of law, which carries a maximum sentence of 10 years in prison; and one count of falsification of records, which carries a maximum sentence of 20 years in prison. 

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the efforts of the DOI for their outstanding work on this matter.  Mr. Williams also thanked the Special Agents of the U.S. Attorney’s Office for the Southern District of New York for their significant assistance. 

The prosecution of this case is being handled by the Office’s Civil Rights Unit in the Criminal Division.  Assistant U.S. Attorneys Jamie Bagliebter and Mitzi S. Steiner are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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

Governor Hochul Announces MTA Surpasses One Billion OMNY Taps

 

Taps Used at Every Subway Station and Bus Route

OMNY Users Are From All 195 Countries That Issue Credit Cards

 Governor Kathy Hochul today announced that Metropolitan Transportation Authority customers have tapped into the transit system more than one billion times using the OMNY fare-payment system. To celebrate, officials hosted renowned tap dancer Ja'Bowen Dixon at the 74 St-Jackson Heights subway station, where the billionth rider, Candida Alfonso, tapped into the system at 10:47 AM and received an OMNY gift bag complete with an OMNY $100 value to their digital wallet, an OMNY baseball hat and t-shirt.

"As we continue to work to provide safer, cleaner and faster transit, reaching one billion OMNY taps is evidence that our hard work is paying off," Governor Hochul said. "OMNY is a key part of our efforts to modernize the MTA and make it easier for people to get around New York. I am proud that we have reached this milestone, and I look forward to continuing to build on our progress in the years to come."

Customers have used OMNY to tap into all 472 subway stations. Customers have also tapped to board 204 local bus routes and 31 express buses with OMNY. OMNY continues to expand. Nearly half of all subway riders are using OMNY to tap into the system with two million riders using OMNY every day. OMNY has processed cards from all of the 195 countries that issue bank cards and 68 percent of OMNY transactions are made by customers tapping digital wallets in phones and wearables.

MTA Chair and CEO Janno Lieber said, "New Yorkers are always on the move and never slow down, making it critical that we provide the fastest and easiest way to pay your fare. Customers at every stop on the subway and across every bus route have opted in, what better endorsement than that?"

MTA Acting Chief Customer Officer Shanifah Rieara said, "Bus and subway customers have experienced the convenience of OMNY firsthand with over a billion taps and I look forward to even more customers discovering the benefits of it. With no need to preload funds, OMNY is proving to be the most economical, secure, and hassle-free option for customers; all you have to do is tap to ride."

One Billionth OMNY Tap Customer Candida Alfonso said, "I first started using OMNY precisely the same time as the pandemic in March. I help care for sick people, so as an essential worker I needed to switch from cash to OMNY. This is my stop where I catch the 7 train."

Reduced-fare customers helped make the one billion milestone possible because they can use personal devices and contactless cards to tap with OMNY since last October. They are encouraged to seamlessly make the switch from MetroCards online with the OMNY digital assistant, which is available 24/7 at OMNY.info. This how-to video has more information.

OMNY is the MTA's contactless fare payment system — and it's the easiest, most secure and flexible way to pay the subway or bus fare and enjoy free transfers and free rides earned from fare capping. Riders do not have to sign up or download an app, or even preload funds to use OMNY; simply use a contactless credit or debit card, smartphone, wearable device, or OMNY card to tap and go. Visit here for more details.

UPDATED: AIR QUALITY HEALTH ADVISORY ISSUED FOR LONG ISLAND REGION - Which Includes New York City, Rockland, and Westchester counties.

 

In Effect for Wednesday, July 26, 2023

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and State Department of Health (DOH) Commissioner Dr. James McDonald issued an updated Air Quality Health Advisory for Wednesday, July 26, 2023, for ozone to include the Long Island region. This is in addition to the air quality health advisory in effect for the New York City Metro region for ozone for Wednesday, July 26.

The pollutant of concern is:

• Ozone

The ozone advisory will be in effect 11:00 a.m. through 11:00 p.m.

DEC and DOH issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter (PM2.5) are expected to exceed an Air Quality Index (AQI) value of 100. The AQI was created as an easy way to correlate levels of different pollutants to one scale, with a higher AQI value indicating a greater health concern.

Ozone

Summer heat can lead to the formation of ground-level ozone, a major component of photochemical smog. Automobile exhaust and out-of-state emission sources are the primary sources of ground-level ozone and are the most serious air pollution problems in the northeast. This surface pollutant should not be confused with the protective layer of ozone in the upper atmosphere.

Ozone and PM2.5 are two different pollutants that form in different ways: PM2.5 is often produced directly as smoke from wildfires and other sources of small particles emitted into the air.

Ozone is not a direct emission, and is produced indirectly when sunlight chemically reacts with nitrogen oxides (NOx) and volatile organic compounds (VOCs) from automobile exhaust and industrial emissions. High ozone isn't as visible as PM2.5 because it's a colorless gas, but it will produce hazy skies and reduce visibility in high concentrations.

The smoky and hazy sky in an otherwise mostly sunny, stagnant air mass can be very conducive for ozone production. The wildfire smoke can enhance the ozone production, but it's not the primary component.

People, especially young children, those who exercise outdoors, those involved in vigorous outdoor work and those who have respiratory disease (such as asthma) should consider limiting strenuous outdoor physical activity when ozone levels are the highest (generally afternoon to early evening). When outdoor levels of ozone are elevated, going indoors will usually reduce your exposure. Individuals experiencing symptoms such as shortness of breath, chest pain or coughing should consider consulting their doctor.

Ozone levels generally decrease at night and can be minimized during daylight hours by curtailment of automobile travel and the use of public transportation where available.

New Yorkers also are urged to take the following energy saving and pollution-reducing steps:

• use mass transit instead of driving, as automobile emissions account for about 60 percent of pollution in our cities. People are strongly advised to carpool only with members of their households;
• conserve fuel and reduce exhaust emissions by combining necessary motor vehicle trips;
• turn off all lights and electrical appliances in unoccupied areas;
• use fans to circulate air. If air conditioning is necessary, set thermostats at 78 degrees;
• close the blinds and shades to limit heat build-up and to preserve cooled air;
• limit use of household appliances. If necessary, run the appliances at off-peak (after 7 p.m.) hours. These would include dishwashers, dryers, pool pumps and water heaters;
• set refrigerators and freezers at more efficient temperatures;
• purchase and install energy efficient lighting and appliances with the Energy Star label; and
• reduce or eliminate outdoor burning and attempt to minimize indoor sources of PM 2.5 such as smoking. A toll-free Air Quality Hotline (1-800-535-1345) has been established by DEC to keep New Yorkers informed of the latest Air Quality situation.

Additional information on ozone and PM 2.5 is available on DEC's website and on DOH's website (PM 2.5) / DOH's website (ozone) (links leave DEC's website). To stay up-to-date with announcements from DEC, sign up to receive Air Quality Alerts through DEC Delivers: DEC's Premier Email Service.

The Wednesday, July 26, Air Quality Health Advisory regions consists of: Long Island which includes Nassau and Suffolk counties and New York City Metro, which includes New York City, Rockland, and Westchester counties.