Northeast
Eric Adams defense hinges on Supreme Court ruling in heartland trucking case
Months after the Supreme Court sided with an Indiana mayor who took payment from a Peterbilt dealer in a small-town bribery case, New York City Mayor Eric Adams is relying on the precedent as he revs up the fight against his own federal corruption charges.
But some experts say the effort may run out of gas before it picks up speed.
Federal prosecutors rely on a law known as Section 666 to take down corrupt officials who accept bribes, but they have also been accused of trying to blur the definition of a bribe. They also have to prove an “official act” took place in exchange for whatever the allegedly corrupt politician was raking in.
NYC MAYOR ERIC ADAMS PLEDGES TO ‘REIGN’ NOT RESIGN
In 2016, the Justice Department filed corruption charges against James Snyder, former Republican mayor of Portage, Indiana, under the Section 666 rule.
He oversaw a $1.1 million deal to buy garbage trucks for the city from Great Lakes Peterbilt in 2013, according to court filings. In 2014, he received a $13,000 check from the dealership.
The FBI and federal prosecutors accused him of taking the money as a kickback for the truck sales. Snyder said it was payment for consulting services in a state where public officials are allowed to have outside employment.
He was convicted at trial, but his legal saga continued for years. After successfully seeking a retrial, he wound up convicted again and then lost his first appeal.
But in a 6-3 opinion written by Justice Brett Kavanaugh, the Supreme Court ruled in his favor, explaining that anti-bribery laws don’t make all payments illegal, especially if they come after the fact without any evidence of a corrupt agreement.
Read Eric Adams’ latest court filing:
FEDS SEIZE ERIC ADAMS’ PHONE AFTER NYC MAYOR’S INDICTMENT
Snyder accepted a “gratuity,” not a bribe, the court found.
The court described gratuities as two forms of payment, neither of which met the definition of a bribe. The first is something given as a “thanks,” anything from a fancy lunch to a framed photograph. The second are gifts designed to “curry favor” but not in exchange for anything specific.
In a dissent by Justice Ketanji Brown Jackson, the court’s liberal wing countered that there was still evidence of corruption that would have made Snyder’s payment unlawful. Kavanaugh wrote that the gratuities were not a federal crime but could still violate state and local ethics rules. Snyder was not accused of any crimes at the state level.
ADAMS’ OFFICE LASHES OUT AT FBI EMPLOYEE WHO MIGHT HAVE ‘IMPROPERLY LEAKED DETAILS’ OF CORRUPTION PROBE
Kavanaugh also warned that if a federal law did crack down on gratuities, it could unlawfully infringe on states’ right to regulate interactions between their own officials and constituents.
Adams’ lawyers are arguing that the mayor never accepted any bribes and never took any actions in his official capacity to make good on a quid quo pro.
Anthony Capozzolo, a former federal prosecutor who handled public corruption cases in a neighboring district, said prosecutors clearly spelled out the alleged quid quo pro in Adams’ indictment but that the mayor could have a better chance proving he made no “official act.”
“This issue about him not being the mayor at the time, and what is the official act? That may get more scrutiny from the court,” Capozzolo told Fox News Digital.
Adams’ lawyer, Alex Spiro, wrote in the motion Monday that prosecutors failed to lay out an actual bribery case.
“The indictment in this case alleges a ‘bribery’ scheme that does not meet the definition of bribery and indeed does not amount to a federal crime at all,” Spiro wrote in a court filing revealed Monday.
“It appears that after years of casting about for something, anything, to support a federal charge against New York City Mayor Eric Adams, prosecutors had settled on a theory that depended on the Department’s longstanding view that Section 666 criminalizes gratuities, including gifts meant to curry favor with governmental officials but not linked to any specific question or matter,” Spiro wrote. “When the Supreme Court rejected that interpretation in June, prosecutors simply added a few vague allegations and called their theory bribery — ‘a far more serious offense than gratuities.’”
Adams’ defense argued that the Justice Department’s case “doesn’t work.”
“The indictment does not allege that Mayor Adams agreed to perform any official act at the time that he received a benefit. Rather, it alleges only that while serving as Brooklyn Borough President—not Mayor, or even Mayor-elect—he agreed generally to assist with the ‘operation’ or ‘regulation’ of a Turkish Consulate building in Manhattan, where he had no authority whatsoever, in exchange for travel benefits,” Spiro wrote.
At issue are three text messages that prosecutors say Adams, during a past term as Brooklyn’s borough president, sent to the former FDNY commissioner, Daniel Nigro. But there is additional context and conversations surrounding the texts that may convince the court they are less innocent than they sound when read alone, Capozzolo said.
Eric Adams texts to FDNY commissioner:
- “They said they needed a letter of Defect from FDNY to DOB (Department of Buildings). They know they have some issues but according to them with the letter the DOB wi[ll] give the TCO (temporary certificate of occupancy).”
- “They really need someone . . . by today if possible. If it is [im]possible please let me know and I will manage their expectation.”
- “They said the hire (sic) ups at FDNY did not give the inspector authorization to come. The inspector indicated he needs authority to come to day (sic).”
Spiro asked the court to dismiss the bribery charge due to the Snyder precedent and argued that the rest of the charges should get tossed because they were allegedly based on “a host of false claims evidently attributable to a self-interested staffer with an axe to grind.”
NYC MAYOR ERIC ADAMS’ ELECTRONIC DEVICES SEIZED BY FBI AMID CAMPAIGN INVESTIGATION
But Capozzolo pointed to page 33 of the indictment, where prosecutors spelled out an alleged series of phone calls between Adams, a staffer and a Turkish official, in which the official told Adams it was “his turn” to repay a favor and the mayor allegedly replied, “I know.”
“That’s about as quid pro quo as you’re going to get,” Capozzolo said.
Read the Eric Adams indictment:
On the other hand, the government may have an uphill battle proving Adams actually returned the Turks a favor with an official act.
“Adams may have a chance of getting the charge dismissed as a result,” Neama Rahmani, another former federal prosecutor, told Fox News Digital.
He said the Snyder decision “significantly” weakened the federal bribery law and noted that it’s not uncommon to see convictions under the statute get overturned on appeal.
“The Supreme Court has also required an official act for a bribery conviction,” he said. “Adams was a candidate for mayor, but he was the Brooklyn borough president at the time, which means he didn’t have official authority over a building in Manhattan. The defense is using that important fact to argue that there could be no official act for the purpose of the bribery statute.”
Before the Justice Department announced Adams’ indictment last week, the mayor accused federal investigators of retaliation over his criticism of President Biden and Vice President Harris for their handling of the southern border, which he said led to a migrant crisis in New York City that overloaded its shelter system. The influx of illegal immigrants coincided with a spike in robberies in the Big Apple, city police said earlier this year.
Still, the federal investigation has ensnared numerous people in the mayor’s orbit, including campaign staffers, city officials and even his former police commissioner, in an alleged corruption ring of such a scale that Capozzolo said it’s a throwback to the 1800s-era Tammany Hall and Boss Tweed.
Adams could face up to 45 years in prison if convicted of all charges, which include one count of conspiracy to receive campaign contributions from foreign nationals and commit wire fraud and bribery, one count of wire fraud, two counts of soliciting campaign contributions from foreign nationals, and one count of soliciting and accepting a bribe.
Read the full article from Here
Maine
Cal-Maine Foods Reports Results for First Quarter Fiscal 2025
RIDGELAND, Miss., October 01, 2024–(BUSINESS WIRE)–Cal-Maine Foods, Inc. (NASDAQ: CALM) (“Cal-Maine Foods” or the “Company”), the largest producer and distributor of fresh shell eggs in the United States, today reported results for the first quarter of fiscal 2025 (thirteen weeks) ended August 31, 2024.
First Quarter Fiscal 2025 Highlights
-
Quarterly net sales of $785.9 million
-
Quarterly net income of $150.0 million, or $3.06 per diluted share
-
Quarterly record for total dozens sold and specialty dozens sold
-
Cash dividend of approximately $50.0 million, or $1.02 per share, pursuant to the Company’s established dividend policy
Overview
Sherman Miller, president and chief executive officer of Cal-Maine Foods, stated, “Our financial and operating results for the first quarter mark a strong start to fiscal 2025 for Cal-Maine Foods. These results reflect favorable demand for shell eggs during most of the quarter and significantly higher market prices compared with the first quarter last year. At the same time, the national egg supply has declined due to the recent outbreaks of highly pathogenic avian influenza (“HPAI”). As of September 1, 2024, the total U.S. hen population fell approximately 4.5% below the five-year average to 307.6 million layers. We have worked hard to increase our production and purchase more eggs from outside suppliers, and our team did an outstanding job bringing more eggs to the market despite this low-supply environment. Our higher volumes and sales were supported by the additional production capacity from recent acquisitions as well as consistent organic growth. Our operations ran well as we continued to extend our market reach and supply the demands of our valued customers.
“We believe that today’s consumers are looking for affordable and nutritious protein options and that our shell eggs and egg products meet that need. In addition, our ability to offer a diverse product mix has been a distinct competitive advantage for Cal-Maine Foods. We strive to meet evolving consumer demand and provide choices that include conventional, cage-free, organic, brown, free-range, pasture-raised and nutritionally enhanced eggs. We have also expanded our product portfolio to include value-added egg products through our previous investment in Meadowcreek Foods, LLC for hard-cooked eggs and our recent strategic investment in Crepini Foods LLC (“Crepini”), a new venture offering egg products and prepared foods. We have a unique opportunity to leverage the established Crepini brand of quality products, including egg wraps, protein pancakes, crepes and wrap-ups, and extend our market reach to major retailers across the country. We believe there are significant opportunities to use our scale and offer additional choices through value-added egg products to our established customer base.
“Subsequent to the end of the first quarter of fiscal 2025, Hurricane Helene made landfall in the southeastern United States, including areas where Cal-Maine Foods has operations and contract farmers. We are still evaluating the impact of the storm on our people, birds, facilities and operations; however, at this time, we believe that all of our employees and contractors are safe and that any loss of company-owned production assets is minimal and not likely to be material. We are extremely proud of our operating teams in the affected areas as they executed our contingency plans for these severe weather events. As always, our top priority is the safety of our employees and the welfare of the birds under our care. We continue to do all we can to serve our valued customers and expect any service disruption to be minimal. We are deeply saddened by the destruction in the affected communities and are grateful for the heroic work of first responders who are dealing with the aftermath of the storm as conditions allow,” added Miller.
Sales Performance & Operating Highlights
Max Bowman, vice president and chief financial officer of Cal-Maine Foods, added, “For the first quarter of fiscal 2025, our net sales were $785.9 million compared with $459.3 million for the same period last year. The higher sales were primarily driven by an increase in the net average selling price of shell eggs as well as an increase in total dozens sold.
“For the first fiscal quarter, we sold 310.0 million dozens shell eggs compared with 273.1 million dozens for the first quarter of fiscal 2024. Sales of conventional eggs totaled 200.0 million dozens, compared with 181.5 million dozens for the prior-year period, an increase of 10.2%. Specialty egg volumes were 20.1% higher with 110.0 million dozens sold for the first quarter of fiscal 2025 compared with 91.6 million dozens sold for the first quarter of fiscal 2024.
“Net income attributable to Cal-Maine Foods for the first quarter of fiscal 2025 was $150.0 million, or $3.06 per diluted share, compared with $926,000, or $0.02 per diluted share, for the first quarter of fiscal 2024.
“Overall, our first quarter farm production costs per dozen were 11.7% lower compared to the prior-year period, primarily due to more favorable commodity pricing for key feed ingredients. For the first quarter of fiscal 2025, feed costs per dozen were down 17.3% compared with the first quarter of fiscal 2024. Our egg purchases and other (including change in inventory) costs increased significantly quarter-over-quarter, primarily due to higher shell egg prices as well as an increase in dozens purchased due to the loss of production caused by the HPAI outbreaks at our facilities, described below.
“Current indications for corn supply project an overall better stocks-to-use ratio, implying more favorable prices in the near term. However, as we continue to face uncertain external forces including weather patterns and global supply chain disruptions, price volatility could remain,” said Bowman.
|
13 Weeks Ended |
||||||
|
August 31, 2024 |
|
September 2, 2023 |
||||
Dozen Eggs Sold (000) |
|
309,979 |
|
|
|
273,126 |
|
Conventional Dozen Eggs Sold (000) |
|
199,989 |
|
|
|
181,530 |
|
Specialty Dozen Eggs Sold (000) |
|
109,990 |
|
|
|
91,596 |
|
Dozen Eggs Produced (000) |
|
266,839 |
|
|
|
250,365 |
|
% Specialty Sales (dozen) |
|
35.5 |
% |
|
|
33.5 |
% |
% Specialty Sales (dollars) |
|
34.2 |
% |
|
|
47.7 |
% |
Net Average Selling Price (per dozen) |
$ |
2.392 |
|
|
$ |
1.589 |
|
Net Average Selling Price Conventional Eggs (per dozen) |
$ |
2.424 |
|
|
$ |
1.241 |
|
Net Average Selling Price Specialty Eggs (per dozen) |
$ |
2.335 |
|
|
$ |
2.278 |
|
Feed Cost (per dozen) |
$ |
0.494 |
|
|
$ |
0.597 |
|
HPAI & Table Egg Supply Outlook
Outbreaks of HPAI have continued to occur in U.S. poultry flocks. From the resurgence beginning in November 2023 until the last reported case in commercial layer hens in July 2024, approximately 33.1 million commercial laying hens and pullets have been depopulated.
During the third and fourth quarters of fiscal 2024, Cal-Maine Foods experienced HPAI outbreaks within Company facilities located in Kansas and Texas, resulting in total depopulation of approximately 3.1 million laying hens and 577,000 pullets. Both locations have been cleared by the USDA to resume operations. Repopulation began during first fiscal quarter 2025 and is expected to be completed before calendar year end.
The Company remains dedicated to robust biosecurity programs across its locations; however, no farm is immune from HPAI. HPAI is currently widespread in the wild bird population worldwide. The extent of possible future outbreaks, with heightened risk during the migration seasons, and more recent HPAI events, which have been directly linked to dairy cattle operations, cannot be predicted. According to the U.S. Centers for Disease Control and Prevention, the human health risk to the U.S. public from the HPAI virus is considered to be low. Also, according to the USDA, HPAI cannot be transmitted through safely handled and properly cooked eggs. There is no known risk related to HPAI associated with eggs that are currently in the market and no eggs have been recalled.
Looking Ahead
Miller added, “We are proud of our ability to consistently execute our growth strategy in a dynamic environment with favorable results. We commend our dedicated managers and employees whose shared commitment to operational excellence and responsible and sustainable production have distinguished Cal-Maine Foods in the marketplace. As the largest producer and distributor of fresh shell eggs in the U.S., we are mindful of our critical role in supporting the nation’s food supply with a differentiated product mix. As such, we continue to expand our capacity, including cage-free and other specialty egg production, through investments in innovative, scale-driven products and facilities. We have also identified opportunities to enhance our product portfolio through strategic acquisitions and joint ventures. We are fortunate to have a strong balance sheet and a disciplined capital allocation strategy that supports our growth objectives. Above all, we are focused on meeting the needs of our valued customers with quality products and outstanding support and service. We look forward to the opportunities ahead for Cal-Maine Foods.”
Dividend Payment
For the fourth quarter of fiscal 2024, Cal-Maine Foods will pay a cash dividend of approximately $1.02 per share to holders of its Common Stock and Class A Common Stock. Pursuant to Cal-Maine Foods’ variable dividend policy, for each quarter in which the Company reports net income, the Company pays a cash dividend to shareholders in an amount equal to one-third of such quarterly income. Following a quarter for which the Company does not report net income, the Company will not pay a dividend with respect to that quarter or for a subsequent profitable quarter until the Company is profitable on a cumulative basis computed from the date of the most recent quarter for which a dividend was paid. The amount paid per share will vary based on the number of outstanding shares on the record date. The dividend is payable on November 14, 2024, to holders of record on October 30, 2024.
About Cal-Maine Foods
Cal-Maine Foods, Inc. is primarily engaged in the production, grading, packaging, marketing and distribution of fresh shell eggs, including conventional, cage-free, organic, brown, free-range, pasture-raised and nutritionally enhanced eggs. The Company, which is headquartered in Ridgeland, Mississippi, is the largest producer and distributor of fresh shell eggs in the nation and sells most of its shell eggs throughout the majority of the United States.
Forward Looking Statements
Statements contained in this press release that are not historical facts are forward-looking statements as that term is defined in the Private Securities Litigation Reform Act of 1995. The forward-looking statements are based on management’s current intent, belief, expectations, estimates and projections regarding our company and our industry. These statements are not guarantees of future performance and involve risks, uncertainties, assumptions and other factors that are difficult to predict and may be beyond our control. The factors that could cause actual results to differ materially from those projected in the forward-looking statements include, among others, (i) the risk factors set forth in the Company’s SEC filings (including its Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K), (ii) the risks and hazards inherent in the shell egg business (including disease, pests, weather conditions and potential for recall), including but not limited to the current outbreak of highly pathogenic avian influenza affecting poultry in the U.S., Canada and other countries that was first detected in commercial flocks in the U.S. in February 2022 and that first impacted our flocks in December 2023, (iii) changes in the demand for and market prices of shell eggs and feed costs, (iv) our ability to predict and meet demand for cage-free and other specialty eggs, (v) risks, changes or obligations that could result from our recent or future acquisitions of new flocks or businesses and risks or changes that may cause conditions to completing a pending acquisition not to be met, (vi) risks relating to changes in inflation and interest rates, (vii) our ability to retain existing customers, acquire new customers and grow our product mix, (viii) adverse results in pending litigation matters, and (ix) global instability, including as a result of the war in Ukraine, the conflicts in Israel and surrounding areas and attacks on shipping in the Red Sea. SEC filings may be obtained from the SEC or the Company’s website, www.calmainefoods.com. Readers are cautioned not to place undue reliance on forward-looking statements because, while we believe the assumptions on which the forward-looking statements are based are reasonable, there can be no assurance that these forward-looking statements will prove to be accurate. Further, the forward-looking statements included herein are only made as of the respective dates thereof, or if no date is stated, as of the date hereof. Except as otherwise required by law, we disclaim any intent or obligation to publicly update these forward-looking statements, whether as a result of new information, future events or otherwise.
CAL-MAINE FOODS, INC. AND SUBSIDIARIES |
||||||||
FINANCIAL HIGHLIGHTS |
||||||||
(Unaudited) |
||||||||
(In thousands, except per share amounts) |
||||||||
|
||||||||
SUMMARY STATEMENTS OF INCOME |
||||||||
|
||||||||
|
|
13 Weeks Ended |
||||||
|
|
August 31, 2024 |
|
September 2, 2023 |
||||
Net sales |
|
$ |
785,871 |
|
|
$ |
459,344 |
|
Cost of sales |
|
|
538,653 |
|
|
|
413,911 |
|
Gross profit |
|
|
247,218 |
|
|
|
45,433 |
|
Selling, general and administrative |
|
|
61,932 |
|
|
|
52,246 |
|
Loss on involuntary conversions |
|
|
146 |
|
|
|
– |
|
Gain on disposal of fixed assets |
|
|
(1,817 |
) |
|
|
(56 |
) |
Operating income (loss) |
|
|
186,957 |
|
|
|
(6,757 |
) |
Other income, net |
|
|
10,996 |
|
|
|
7,490 |
|
Income before income taxes |
|
|
197,953 |
|
|
|
733 |
|
Income tax expense |
|
|
48,363 |
|
|
|
322 |
|
Net income |
|
|
149,590 |
|
|
|
411 |
|
Less: Loss attributable to noncontrolling interest |
|
|
(386 |
) |
|
|
(515 |
) |
Net income attributable to Cal-Maine Foods, Inc. |
|
$ |
149,976 |
|
|
$ |
926 |
|
|
|
|
|
|
|
|
||
Net income per common share: |
|
|
|
|
|
|
||
Basic |
|
$ |
3.08 |
|
|
$ |
0.02 |
|
Diluted |
|
$ |
3.06 |
|
|
$ |
0.02 |
|
Weighted average shares outstanding: |
|
|
|
|
|
|
||
Basic |
|
|
48,761 |
|
|
|
48,690 |
|
Diluted |
|
|
48,932 |
|
|
|
48,840 |
|
|
|
|
|
|
|
|
CAL-MAINE FOODS, INC. AND SUBSIDIARIES |
||||||
FINANCIAL HIGHLIGHTS |
||||||
(Unaudited) |
||||||
(In thousands) |
||||||
|
||||||
SUMMARY BALANCE SHEETS |
||||||
|
||||||
|
|
August 31, 2024 |
|
June 3, 2023 |
||
ASSETS |
|
|
|
|
|
|
Cash and short-term investments |
|
$ |
753,590 |
|
$ |
812,377 |
Receivables, net |
|
|
282,551 |
|
|
162,442 |
Inventories, net |
|
|
293,182 |
|
|
261,782 |
Prepaid expenses and other current assets |
|
|
14,156 |
|
|
5,238 |
Current assets |
|
|
1,343,479 |
|
|
1,241,839 |
|
|
|
|
|
|
|
Property, plant and equipment, net |
|
|
960,070 |
|
|
857,234 |
Other noncurrent assets |
|
|
86,459 |
|
|
85,688 |
Total assets |
|
$ |
2,390,008 |
|
$ |
2,184,761 |
|
|
|
|
|
|
|
LIABILITIES AND STOCKHOLDERS’ EQUITY |
|
|
|
|
|
|
Accounts payable and accrued expenses |
|
$ |
275,444 |
|
$ |
189,983 |
Dividends payable |
|
|
49,971 |
|
|
37,760 |
Current liabilities |
|
|
325,415 |
|
|
227,743 |
|
|
|
|
|
|
|
Deferred income taxes and other liabilities |
|
|
165,530 |
|
|
159,975 |
Stockholders’ equity |
|
|
1,899,063 |
|
|
1,797,043 |
Total liabilities and stockholders’ equity |
|
$ |
2,390,008 |
|
$ |
2,184,761 |
View source version on businesswire.com: https://www.businesswire.com/news/home/20241001974301/en/
Contacts
Sherman Miller, President and CEO
Max P. Bowman, Vice President and CFO
(601) 948-6813
Massachusetts
Massachusetts beach extends swimming ban due to ‘persistent’ shark sightings; dog owners told to keep dogs out of water
A popular local beach will continue to ban swimming because of “persistent” great white sightings amid peak shark season.
Crane Beach in Ipswich has had a swimming closure for weeks due to white shark sightings along the North Shore beach. That swimming ban has now been extended through the end of October, according to the Trustees of Reservations.
“For the last few weeks, we have had persistent Great White Shark sightings off of Crane Beach,” a spokesperson for the Trustees said in a statement on Tuesday. “We had the beach closed to swimming week by week as we worked with local public safety officials and marine biologists.
“Sharks are still being sighted, as recently as yesterday when the Ipswich Harbormaster did a patrol, so we decided after consulting with our experts to keep the beach closed to swimming through October,” the spokesperson added.
The Trustees are urging dog owners to keep their dogs out of the water due to the sharks being spotted close to shore.
“Today the beach did open to dog walking, but out of an abundance of caution, we are asking folks to keep their dogs out of the water,” the spokesperson said. “October 1 usually marks the end of the shorebird nesting season at Crane, thus we allow dogs back on the beach.”
While swimming is banned, the beach remains open for walking, hiking, and other recreation.
These shark sightings come amid peak season for white sharks along Cape Cod and Massachusetts.
September and October are typically very busy for great white shark activity along Cape Cod. Last year, September had the third most shark detections and October had the most shark detections, according to the Atlantic White Shark Conservancy’s Logbook.
Great white sharks hunt for seals along the Cape coast throughout the summer and fall. The sharks feed on seals close to shore.
New Hampshire
Another Section Of The Merrimack River Greenway Trail Is Now Open In Concord
CONCORD, NH — Phase 2 of the Merrimack River Greenway Trail on Loudon Road is now open.
Dozens of residents, including city, county, and state officials, bicyclists, walkers, and others, took to the “sunflower section” of the trial after an official ribbing cutting on Friday.
The path runs from 4 Loudon Road to the end of the field. A future boardwalk is planned to connect the trail to Terrill Park.
Here is a video posted when the kiosk was installed at Terrill Park in Concord.
As part of the redesign of Interstate 93, an extension will connect Downtown Concord and parts north, eventually connecting to the Concord-Lake Sunapee Rail Trail and the Northern Rail Trail to Lebanon.
Organizers have been active on the trail for more than 12 years, raising hundreds of thousands of dollars through donations and grants from public and private sources.
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