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.

MAYOR DE BLASIO ANNOUNCES EXPERT PANEL TO EVALUATE RECONSTRUCTION OF BROOKLYN-QUEENS EXPRESSWAY

New BQE panel will look at options for replacement of the aging highway, including the triple cantilever structure that supports the Brooklyn Heights Promenade; Panel includes leaders in academia, industry groups, civic organizations, labor and business

  Mayor Bill de Blasio today announced the formation of a new expert panel to evaluate options for the replacement of the aging Brooklyn-Queens Expressway (BQE) from the Atlantic Avenue interchange to Sands Street in Brooklyn.  The new panel will be chaired by Carlo Scissura, President & CEO of The New York Building Congress and will include a range of leaders in the fields of urban planning, engineering, construction, traffic modeling and historic preservation. Panel members’ backgrounds include academia, industry groups, civic organizations, labor, and business. They will consult community groups and elected officials, and evaluate all suggested concepts -- as well as provide their own perspectives. They are expected to conclude the process by this summer.   The formal environmental process for the BQE reconstruction will take these recommendations into consideration when it begins at the end of 2019.

“The BQE is a lifeline for Brooklyn and the entire city – which is why we are bringing in a panel of nationally renowned experts from a range of fields to vet all ideas and make sure we get this right,” said Mayor Bill de Blasio. “We will be engaging in a transparent, collaborative process to find the best solution for one of the most critical transportation corridors in the nation.”

The new BQE Panel was created in consultation with local elected officials and civic associations. It will bring together a group of independent, interdisciplinary experts to evaluate the BQE project assumptions and concepts, with meetings beginning this month.  This outside expertise is expected to find new perspectives and ask probing questions on how best to design and implement the BQE reconstruction, one of the largest and most complex infrastructure projects in the entire country.

The members of the new BQE Panel* are:

Carlo Scissura, NY Building Congress (Chair)

Rohit Aggarwala, Sidewalk Labs

Vincent Alvarez, New York City Central Labor Council

Kate Ascher, BuroHappold Engineering

Elizabeth Goldstein, Municipal Arts Society

Henry Gutman, Brooklyn Navy Yard Development Corp./Brooklyn Bridge Park

Kyle Kimball, Con Edison

Mitchell Moss, NYU Wagner Graduate School of Public Service

Kaan Ozbay, NYU Tandon School of Engineering

Hani Nassif, Rutgers School of Engineering

Benjamin Prosky, American Institute of Architects

Denise Richardson, General Contractors Association

Ross Sandler, New York Law School

Jay Simson, American Council of Engineering Companies of New York

Tom Wright, Regional Plan Association

Kathryn Wylde, Partnership for NYC

*Additional panelists may be announced

Panel Process: The panel will begin meeting this month, and are expected to produce their conclusions by this summer.  It will evaluate underlying project assumptions and review existing proposals, including those that have been generated by elected officials and community members, no-build or reduced capacity options, and other ideas as generated by the panel. The panel will also hear from and consult with a group of elected officials and community, civic, and business associations at key points throughout its review.

At the end of the evaluation process, the panel will submit a brief report, outlining key recommendations, which could address both design concepts and construction innovations.

BQE – Atlantic to Sands:  The approximately 1.5-mile section of the BQE between the Atlantic Avenue Interchange and Sands Street is among the most complex highway structures in the country, and includes the triple-cantilever structure of which the Brooklyn Heights promenade is the top-most tier.  Originally constructed by Robert Moses, the road was completed in 1954 and carried fewer than 50,000 vehicles daily when it opened. 

Today, the roadway is part of Interstate-278, a critical interstate and inter-borough connector -- where daily traffic now exceeds 150,000 vehicles including more than 15,000 trucks.  An evaluation by outside consultants hired by the New York City Department of Transportation (DOT) concluded in 2016 that if the road is not reconstructed by 2026, weight restrictions may need to be added to the structure – including diverting all truck traffic to local roads.  In 2018, a new state law was enacted that will allow the BQE project to be constructed using the Design-Build method, which is expected to save time and money.

“Community members and stakeholders across the city have come together to propose new ideas and call for fresh thinking on the BQE, the biggest such project the City has ever undertaken,” said DOT Commissioner Polly Trottenberg. “This new panel presents an important opportunity to create the best plan possible -- with community voices heard throughout the process.  We also thank the elected officials who have been and will doubtless remain actively engaged as we move forward.”

“I must express my sincerest appreciation to Mayor de Blasio and his administration for entrusting me with this critical role,” said Carlo Scissura, President & CEO of the New York Building Congress, who will serve as BQE Panel Chair. “The panel that has been assembled represents the absolute best minds in urban planning, transportation, business, design, engineering and construction and will create a thoughtful, meaningful and inclusive process. Rebuilding the triple cantilever will affect every community along the BQE – as well as the tens of thousands of commuters that drive on it daily – and it is essential that we come together to ensure this project is done right for each individual neighborhood and all five boroughs. I look forward to working with our incredible DOT Commissioner Polly Trottenberg, the panelists and the residents of New York City to produce an outcome that is in the best interests of everyone.”

“How best to reconstruct the BQE has been a tremendous local transportation challenge for some time.  I’m pleased to see the formation of this panel, which will help ensure the full universe of options are fairly considered and vetted from a wide range of perspectives. It is imperative that the panel is committed to ensuring the community is fully engaged and stakeholders will provide frequent, meaningful input throughout the process. Overall, I believe this is a positive step that will bring additional transparency to a project that has wide ranging impact on our local neighborhoods and entire city,” said Rep. Nydia M. Velázquez.

“My elected colleagues and I have spent months diligently working alongside residents of our communities to ensure that the City must explore all feasible responses to the deterioration of the BQE and identify solutions that minimize the harm to all affected neighborhoods before any approach is approved. The panel the Mayor is convening today in response to our concerns should help the City do just that. This is an opportunity to reset the conversation between the City and our communities. I thank Mayor de Blasio and Commissioner Trottenberg for taking this important step; the members of the panel for their willingness to take on a challenging assignment in the public interest; Congresswoman Velázquez, Assembly Member Simon, and Council Members Levin and Lander for their leadership throughout this process; and the many members of our communities who have engaged constructively on the many difficult issues before us," said State Senator Brian Kavanagh.

“I’m encouraged that the City has heard the concerns of the community and elected officials and that they are pressing the re-set button on the BQE reconstruction plans by bringing in a panel of experts to look at this process more broadly. This is a critical link in our transportation system and we need broad expertise to ensure that we are examining all feasible repair options and innovative ideas for our transportation network. I commend Commissioner Trottenberg for her work on this enormous undertaking and I am grateful to be working closely with my colleagues Councilmember Levin, Senator Kavanagh and Congresswoman Velázquez.  I look forward to ensuring that the new panel consults with the affected communities so that their voices are heard throughout this process,” said Assembly Member Jo Anne Simon.

“When our community comes together in the name of health and safety, in a united voice, we can be heard. We were heard when we organized to secure design-build authorization for the replacement of the BQE triple cantilever, and we’ve been heard now that we’ve organized out of concern for the initially proposed replacement plan. Now is the time to find a better way to move people through Brooklyn, to design a healthier, more sustainable future. I commend the de Blasio Administration’s decision to take a step back, take in innovative ideas, and take on the best solution that is environmentally sound and supported by our neighbors,” said Brooklyn Borough President Eric Adams.

"This project presents an extraordinary set of challenges that will take the collective thinking of many stakeholders to find the least disruptive, and most effective plan to repair the BQE," said Council Member Stephen Levin. "I'm optimistic that this panel of engineers, architects, and transportation experts will thoroughly engage with community members and stakeholders to ensure that all options are on the table. We must think creatively and be committed to new and innovative ideas. I want to thank the Brooklyn Heights Association, a Better Way, Senator Kavanagh and Assemblymember Simon, Speaker Johnson, Comptroller Stringer, Borough President Adams, and all of the community members for making their voices heard and calling for an expanded process."

“Ever since the City presented its proposals for rebuilding the BQE, the BHA has called for meaningful community involvement in the planning of this massive transportation project as part of a comprehensive and inclusive approach to involve those who will be most affected by the project. We are gratified that the City has now acknowledged our request by convening an outside panel of experts to take a fresh look at the project and evaluate all of the proposals that have been, or may be, submitted by the community, architects, engineers and planners.  The BHA is looking forward to working with the panel to help develop a new BQE plan that will serve the transportation needs of the region into the 21st century and will gain the broad support of the affected communities,” said Peter Bray, Executive Director of the Brooklyn Heights Association.

“We applaud the City and DOT for assembling a panel of experts to find a better way to restructure the BQE,” said A Better Way spokeswoman Hilary Jager. “Passionate community voices led us to this moment, and those same voices will demand a say in this process as it moves forward. We look forward to being part of a solution that reimagines the BQE to the benefit of all New Yorkers for decades to come.”

“The CHA is relieved to hear the community and other stakeholders will engage with an expert panel to discuss the entire impact along the entire corridor of the BQE rehabilitation/rebuild. Our concerns in Cobble Hill remain - no through traffic on our local streets, safer on and off ramps at Atlantic Avenue and better quality of life with less toxins in the air and more green space to enjoy the views and gain safe access to the waterfront,” said Amy Breedlove, President of the Cobble Hill Association.

“The rehabilitation of the BQE is an urgent transportation priority for Brooklyn residents, businesses, and the thousands of New Yorkers who rely on this major inter-borough artery every day. The project is a complex and challenging undertaking, and I look forward to consulting with NYCDOT and the panel to help ensure this much-needed project is planned with a 21st century traffic perspective to manage traffic effectively and minimize disruption to neighboring communities,” said Regina Myer, President of the Downtown Brooklyn Partnership.

EDITOR'S NOTE:

We just wanted to show you how things get done in Brooklyn where Mayor de Blasio is from.