Man Ordered to Remove Shipping Container and Floating Docks from Lake Worth Lagoon after Violating Rivers and Harbors Act

 

The U.S. District Court for the Southern District of Florida ordered a man to remove a shipping container and floating docks on which it rested from Lake Worth Lagoon near Palm Beach, Florida.

A 2021 complaint alleged that Fane Lozman violated the Rivers and Harbors Act (RHA) by placing the shipping container – which Lozman modified to include windows, doors, stairs, a rooftop deck and other additions – on floating docks in navigable waters of the United States without authorization. Since the United States commenced the action, Lozman removed several pieces of floating docks from Lake Worth Lagoon, but two floating docks and the modified shipping container remained.

Lozman moved the floating docks and shipping container to different areas in Lake Worth Lagoon and anchored them. One of the floating docks split apart. And Lozman’s floating docks became unmoored on several occasions including once when the dock with the shipping container on it floated across Lake Worth Lagoon and beached at a public park. The floating docks together weigh over 100,000 pounds.

Lake Worth Lagoon is Palm Beach County’s largest estuary at up to a mile wide and running approximately 21 miles from North Palm Beach to Ocean Ridge, with two inlets connecting it to the Atlantic Ocean. The Atlantic Intracoastal Waterway cuts through Lake Worth Lagoon.

“Building or placing structures in navigable U.S. waters without authorization is a violation of the Rivers and Harbors Act,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Unlawful structures can pose increased risks of harm to others, as in this case. We’re committed to enforcing the law.”

“The Rivers and Harbors Act provides for the safety of navigable U.S. waters,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Prompt enforcement action to remove unauthorized structures is needed to protect persons and commerce in navigable U.S. waters.”

“USACE Jacksonville greatly appreciates the expertise and support that the Justice Department brought to resolving this matter,” said District Commander Col. James Booth of the U.S. Army Corps of Engineers' (USACE) Jacksonville District.

“The USACE Jacksonville regulatory enforcement program is working to deter unauthorized activities such as this, while continuously maintaining the integrity of the nation's waterways and aquatic resources,” said Compliance and Enforcement Chief Bobby Halbert of USACE’s Jacksonville District.

The USACE’s Jacksonville District referred the case to the Justice Department’s Environment and Natural Resources Division (ENRD). The Jacksonville District Enforcement Section is often aided by state and federal agencies, as well as groups and individuals who report suspected violations. To report suspected violations of the Rivers and Harbors Act, contact the Jacksonville District's enforcement program at SAJ-RD-Enforcement@usace.army.mil.

U.S. Attorney Charges Convicted Sex Offender Who Had Fled To Mexico With Sexual Exploitation Of A Minor And Distribution Of Child Pornography

Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that KENNEDY CARTER, a convicted sex offender who had fled to Mexico from probation in Oregon following a conviction for encouraging child sexual abuse in the first degree in that state, was arrested and charged with sexual exploitation of a child and other child sex offenses. March 21, 2024, CARTER was deported from Mexico by Mexican immigration authorities and arrived at San Francisco International Airport, where he was arrested by the FBI upon arrival.  CARTER will be presented in San Francisco federal court before U.S. Magistrate Judge Laurel Beeler.  

 

U.S. Attorney Damian Williams said: “The charges unsealed today reflect the tenacity of the career prosecutors of this Office and our law enforcement partners who tracked down this alleged recidivist sex offender to Mexico after he fled from probation in Oregon.  The defendant went to great lengths to avoid responsibility for his alleged unconscionable actions, but we relentlessly pursue justice for victims of child sexual abuse, and those responsible will face the full weight of the law, no matter where they may hide.” 

FBI Assistant Director in Charge James Smith said: “Kennedy Carter, a convicted sex offender, allegedly coerced a 12-year-old girl to send him sexually explicit photos and videos of herself over the Internet.  Carter’s arrest reaffirms the FBI’s commitment to protecting children from dangerous sexual predators.  Crimes of this nature are inexcusable, making victims out of some of our most vulnerable members of society.  We urge parents to continue having conversations with their children about safe online surfing and encourage the public to come forward with information that could help us identify other potential victims in this or any other case.” 

As alleged in the Complaint:[1]

From at least on or about May 20, 2023, through at least on or about May 29, 2023, CARTER knowingly induced, enticed, and coerced a 12-year-old female minor located in Putnam County (“Victim-1”) to engage in sexually explicit conduct, to take sexually explicit photos and videos of herself engaging in such conduct, and to transmit them over the internet to CARTER.  In addition, from at least on or about May 20, 2023, through at least on or about May 29, 2023, CARTER knowingly distributed material that contained child pornography, including photographs and videos of another minor female (“Victim-2”) to Victim-1 over the Internet.  Finally, because CARTER is required by federal or any other law to register as a sex offender, and is so registered, and has committed a felony offense involving a minor in engaging in sexual exploitation of a minor, he is also subject to an enhanced penalty as charged in the Complaint. 

Any individuals with information concerning KENNEDY CARTER and any individuals who may have encountered someone using the WhatsApp username 5215591447960@s.whatsapp.net or the aliases “Mikey Portuguez Perez” or “Javed Montero,” please contact the FBI at 1-800-CALL-FBI or https://tips.fbi.gov. 

CARTER, 27, previously of Corvallis, Oregon, is charged with one count of sexual exploitation of a child, which, because of his prior state conviction in Oregon for encouraging child sexual abuse in the first degree, carries an enhanced mandatory minimum sentence of 25 years in prison and a maximum sentence of 50 years in prison; one count of receipt and distribution of child pornography, which, again due to his prior conviction, carries an enhanced mandatory minimum sentence of 15 years in prison and a maximum sentence of 40 years in prison; and one count of penalties for registered sex offenders, which carries a mandatory minimum sentence of 10 years in prison to run consecutive to any sentence imposed for the underlying offense of sexual exploitation of a child.

The minimum and 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.

Mr. Williams praised the outstanding investigative work of the FBI’s Westchester Safe Streets Task Force and the Putnam County Sheriff’s Office.  Mr. Williams also thanked law enforcement partners in Mexico, the Benton County Probation Office in Benton County, Oregon, the Department of Justice’s Office of International Affairs, and the U.S. Attorney’s Office for the Northern District of California for their assistance.

This case is being handled by the Office’s White Plains Division.  Assistant U.S. Attorney Margaret N. Vasu is in charge of the prosecution.

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

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

Governor Hochul Issues Proclamation Declaring 2024 Maple Weekends in New York State

Encourages New Yorkers to Support Local Producers by Visiting Local Sugarhouses, Boosting the Industry and Local Agri-Tourism

New York Ranks Second in the Nation in Maple Production; Has the Largest Resource of Tappable Maple Trees in the U.S. and 2,000 Maple Sugar Makers

Governor Kathy Hochul issued a proclamation declaring March 16-17 and March 23-24 as New York State’s 2024 Maple Weekends. The Governor also highlighted that New York maple producers continue to rank second in the nation in maple production, with nearly 2,000 maple sugar makers located across the state. Additionally, New York is home to the largest resource of tappable maple trees. Governor Hochul participated in New York State Maple Weekend by visiting Peaceful Valley Maple Farms in Johnstown, NY.

“There’s nothing sweeter than recognizing the hard work of our maple producers by visiting one of the hundreds of maple farms that are open for Maple Weekends and throughout the month of March,” Governor Hochul said. “New York’s maple industry is a significant contributor to our economy and our agri-tourism industry. Our producers work hard every year to bring us a variety of maple products, and I encourage all New Yorkers to visit their local sugar house to learn more about the maple syrup making process and support their local farms.”

In 2023, New York State produced 750,000 gallons of maple and New York's maple industry used 2.5 million taps. The New York State Department of Agriculture and Markets supports the maple industry through the New York State Budget — which includes funding for promotion and educational programs — as well as through investments in research projects, such as Cornell University's Maple Program's Arnot Teaching Forest, and through its NYS Grown & Certified and Taste NY marketing programs.

Maple Weekends and Maple Month

Throughout the month of March each year, and in particular, during Maple Weekends, maple farms across the state open their doors to the public to provide a chance to taste pure maple syrup, right from the source, and experience the unique family tradition of making maple syrup in New York State. Producers, including many of those that are NYS Grown & Certified, offer tours and pancake breakfasts, sell maple products, and demonstrate the syrup-making process, which includes the traditional system of hanging buckets on trees or more modern methods of production using vacuum systems to increase the yield of sap per tree. Maple Weekends in 2024 are taking place at nearly 200 maple sugar makers' farms, boosting agri-tourism across New York State. A searchable list of Maple Weekend events is available here.

More than 90 maple producers participate in NYS Grown & Certified, which verifies New York's agricultural producers and growers who adhere to food safety and environmental sustainability standards. Find a current list of maple producers who are a part of the NYS Grown & Certified program here.

Maple Promotions

New York’s Taste NY Markets across the state are highlighting unique local maple products and producers during the entire month of March. Several markets are offering specials, including 20 percent off all maple and maple themed products at the Hudson Valley | Catskills Welcome Center, a pancake breakfast special all month at the Finger Lakes Welcome Center, special product sampling at the Capital Region Welcome Center, and more. For a complete list of special maple promotions and events hosted by Taste NY, visit here.

Agri-tourism In New York State

Agri-tourism events like Maple Weekends and Maple Month are an important part of tourism in New York State. Governor Hochul recently announced that New York State welcomed a record 291.5 million visitors in 2022, the largest number of visitors in New York State’s history, generating more than $78.6 billion in direct spending and $123 billion in total economic impact. The Governor has continued to support state tourism through I LOVE NY marketing efforts to encourage travel throughout New York and tens of millions of dollars in direct support to tourism organizations and venues for tourism-related marketing efforts and capital projects.

BRONX MAN SENTENCED TO LIFE IN PRISON FOR STABBING AND BURNING 18-YEAR-OLD TO DEATH

 

Defendant Was Convicted of First-Degree Murder After Jury Trial; Victim Killed Over Relationship with Defendant’s Sister

Bronx District Attorney Darcel D. Clark announced that a Bronx man who stabbed and burned alive an 18-year-old man has been sentenced to life in prison after being convicted of first-degree Murder after a three-week jury trial. 

District Attorney Clark said, “Winston Ortiz was killed in a torturous manner; stabbed and then set afire while he was still alive, because the defendant was upset that his sister and Winston had had a relationship. He will be remembered as a caring, family oriented young man and it’s unfathomable to think he was killed in such a horrific way.” 

District Attorney Clark said the defendant, Adones Betances, 26, last of 1100 University Avenue, was sentenced to life in prison without parole by Bronx Supreme Court Justice Jeanette Rodriguez-Morick. A jury convicted Betances on February 9, 2024, of first-degree Murder after a three-week jury trial. 

According to the investigation, on August 12, 2020, at approximately 3:00 p.m. inside the 5th floor hallway of 1045 Woodycrest Avenue, the defendant approached the victim, Winston Ortiz, 18, and started an argument because he was upset over his sister’s relationship with the victim. Betances stabbed Ortiz multiple times in the chest and back before dousing the victim in lighter fluid, setting him ablaze. Residents heard Winton’s screams from the hallway and found him on fire. During the trial, body worn camera footage from a responding officer was played, showing Winston in his final moments, naming his attacker and praying before he died. 

District Attorney Clark also thanked NYPD Detective Arelis Dubose of the Bronx Homicide Task Force, and NYPD Detective Corey Simpson, retired NYPD Detective Claudio Velez, and NYPD Sergeants Vanessa Solis and Danielle Martinez, all of the 44th Precinct, for their work in the investigation. 

Join Assemblymember Zaccaro, Jr for a FREE Easter Egg Hunt tomorrow!

 

Friends, 

We invite you to join us for an Easter Egg Hunt TOMORROW from 11:00am to 2:00pm in the Pelham Parkway Greenway! This event is FREE for all to attend and will feature the Easter Bunny, music, popcorn, face painter, and—of course—Easter eggs! 

 

A big THANK YOU to our partners the NYPD Community Affairs Bureau, Metro Plus, Ponce Bank and CCA Metro for their commitment to our community and helping to make this event a success. I can't wait to see everyone out there! 

Sincerely, 

John Zaccaro, Jr. 

Supportive Housing Development Opens At 1159 River Avenue In Highbridge, The Bronx

 

Governor Kathy Hochul recently announced the opening of River Avenue, a 19-story affordable and supportive housing development at 1159 River Avenue in Highbridge, The Bronx. Designed by Urban Quotient, the structure yields 245 units and more than 20,000 square feet of commercial space, and is part of a larger commitment to increase housing accessibility in New York.

River Avenue is part of Governor Hochul’s $25 billion Housing Plan, which aims to create or preserve 100,000 affordable homes across the state, including approximately 10,000 with supportive services for individuals and families facing homelessness. Notably, 148 of the development’s 245 apartments are reserved for individuals and families emerging from homelessness.

River Avenue offers affordable housing to those earning at or below 80 percent of the surrounding area median income. It provides residents with a variety of amenities, including 24-hour security, a fitness center, and community rooms.

Financed with a combination of tax-exempt bonds, Low Income Housing Tax Credits, and state and city subsidies, the $120 million project is a collaborative effort between state, city, and private entities. It is located steps from stops for the Bx35 bus line and the 4 train at the 167th Street station.

“River Avenue stands as a testament to our belief that every New Yorker deserves a safe and affordable place to call home,” New York City Housing Preservation and Development commissioner Adolfo Carrión Jr. “It’s more than just a collection of bricks; it’s a celebration of 245 opportunities for New Yorkers to rewrite their stories—stories filled with hope, where single parents, families, and individuals can find the foundation to rebuild and start again.”

DEC Announces Summer Camp Employment Opportunities

 

Qualifications Updated to Grow Workforce

The New York State Department of Environmental Conservation (DEC) announced several positions are available in DEC’s Summer Camps program. Working at a DEC camp is a fun opportunity to gain practical outdoor, naturalist, teaching, leadership, and many other transferrable skills while living in a beautiful setting.

DEC hires approximately 60 seasonal employees each summer to provide week-long adventures in conservation education for children ages 11-17. Now in its 77^th year, DEC operates four residential camps for children: Camp Rushford in Caneadea (Allegany County); Camp Pack Forest in Warrensburg (Warren County); Camp Colby in Saranac Lake (Franklin County); and Camp DeBruce in Livingston Manor (Sullivan County).

Camper registration begins this weekend for Camp Pack Forest and Camp Rushford, with additional camps opening if the required camper-to-staff ratio achieved to ensure the safe operation of all facilities. Available positions include:

• Directors;
• Assistant directors;
• Health Directors (must be NYS-certified EMT, Paramedic, LPN, RN, PA or MD);
• Waterfront directors;
• Counselors;
• Cooks; and
• Camp aides 1 and 2.
  

Depending on the position, qualified candidates may earn between $6,400 to $10,600 for the season. Employment at camp begins in June and ends mid-August, and all positions include room and board. To increase workforce opportunities and reach more eligible candidates, DEC recently changed some qualifications and is now accepting applications from candidates that do not have prior camper experience.

Learn more about camp and employment, including available position details and required qualifications, on DEC’s website. To apply, please send a resume, and unofficial transcript to campemploy@dec.ny.gov

Federal Court Enters $9.9M Penalty and Injunction Against Man Found to Have Caused Thousands of Unlawful Spoofed Robocalls

 

A federal court in Montana entered a $9.9 million penalty on Tuesday against a man found responsible for causing thousands of unlawful and malicious “spoofed” robocalls to consumers across the nation. The court also imposed an injunction prohibiting any future violations of the Truth in Caller ID Act and Telephone Consumer Protection Act.

The case arose out of an investigation conducted by the Federal Communications Commission (FCC) into unlawful robocalls received by consumers in states including Florida, Georgia, Idaho, Iowa and Virginia in 2018. The calls displayed inaccurate caller IDs indicating they were from local phone numbers, inducing the recipients to answer the calls and listen to the recorded messages. Those messages included highly inflammatory and disturbing content, often directed at certain communities, that intended to offend or harm the recipients. For example, hundreds of the spoofed robocalls targeted residents of the Brooklyn, Iowa, area in the aftermath of a local woman’s murder. Similarly, more than 2,000 of the spoofed robocalls targeted residents of Charlottesville, Virginia, during the investigation and prosecution of James Alex Fields Jr. for killing one woman and injuring dozens during the “Unite the Right” rally in August 2017. Many consumers who received the calls submitted complaints to FCC and other law enforcement regarding unwanted and harassing robocalls.

FCC traced the unlawful spoofed robocalls to Scott Rhodes, a resident of Idaho and Montana, and in January 2021, FCC imposed a $9,918,000 forfeiture penalty against Rhodes. In September 2021, the Justice Department sued Rhodes in the District of Montana to recover that penalty and obtain an injunction. In October 2023, the United States moved for summary judgment, and the court subsequently entered an injunction and the full $9,918,000 forfeiture penalty against Rhodes, after concluding based on a de novo review of the evidence that Rhodes committed the violations found by FCC.

“The department is committed to protecting consumers from deceptive robocalls,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “We are very pleased by the court’s judgment, and we will continue working with the FCC and other agency partners to vigorously enforce the telemarketing laws that prohibit these practices.”

“Virtually every Montanan has been the subject of unwanted and harassing robocalls, and the person responsible for such calls usually escapes accountability,” said U.S. Attorney Jesse Laslovich for the District of Montana. “But not this time. In placing thousands of harassing and malicious spoofing calls to consumers across the country, Rhodes showed a blatant disregard to caller ID and telephone consumer protection laws designed to prevent this sort of conduct. I applaud the court’s injunction and nearly $10 million forfeiture penalty that hold Rhodes accountable. These results send the clear message that the Justice Department is determined to protect consumers.”

“When persistent and malicious robocallers break the law, it takes strong partnerships like this one to bring them to justice,” said Chairwoman Jessica Rosenworcel of the FCC. “I thank the Justice Department team, in conjunction with FCC lawyers, for vigorously pursuing this penalty. I especially want to thank FCC investigators for tracking down this robocaller and building such a strong case. Our agency will continue to relentlessly pursue these unwanted robocalls and build on our multi-faceted collaborative approach with law enforcement agencies at home, as well as the growing partnerships we’re fostering with our counterparts abroad, so that we can quickly and effectively neutralize bad actors.”