District of Colorado
Press releases recorded for this federal judicial district.
Election Officer Named for District of Colorado’s Effort to Ensure Voting IntegrityRead the Press Release
DENVER – Acting United States Attorney for the District of Colorado Matt Kirsch announces that Assistant United States Attorney Alison Connaughty will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election.
AUSA Connaughty has been appointed to serve as the District Election Officer (DEO) for the District of Colorado, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
“Voting is the cornerstone of American democracy, and our office takes seriously its role in making sure that everyone who is entitled to vote gets to vote,” said Acting United States Attorney for the District of Colorado Matt Kirsch.The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice where voters need assistance because of disability or inability to read or write in English.
In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, the District Election Officer will be on duty in the District of Colorado while the polls are open and can be reached at (303) 454-0159.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 1-800-CALL-FBI.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
In the event of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
Federal Firearms Licensees Plead Guilty to Conspiracy to Defraud the United StatesRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces the two co-owners of Modern Arms & Optics LLC, a federal firearms licensee that operated from 2019 to 2023 pled guilty to conspiring to defraud the United States. On July 25, 2024, Campbell Slayden, 26, of Denver pled guilty to one count of conspiracy to defraud the United States and one count of possession of an unregistered firearm. On September 23, 2024, Anthony Gallegos, 26, of Denver pled guilty to one count of conspiracy to defraud the United States.
The plea agreements stemmed from the defendants’ actions while dealing firearms on behalf of Modern Arms and Optics. In the course of conducting their business, Slayden and Gallegos engaged in deceptive acts to hide information, mislead, and avert further inquiry into their business from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by concealing their unlawful firearms manufacturing practices in federally required records. Furthermore, the co-owners transferred firearms to people not legally allowed to own firearms through a practice often referred to as “straw purchasing.”
“It is crucial for gun shop owners and dealers to follow the laws that help keep firearms out of the hands of criminals and keep our communities safe,” said Acting United States Attorney Matt Kirsch. “We will vigorously prosecute anyone who breaks or evades those laws.”
Judge Gordon P. Gallagher presided over both hearings. The case was investigated by ATF. Assistant United States Attorney Albert Buchman handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case Numbers:
1:24-cr-0034-GPG (Slayden)
1:24-cr-00224-GPG (Gallegos)
Former Colorado Springs Area Man Sentenced to 168 Months of Imprisonment After Sex Abuse of A Minor ConvictionRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Mitchel Crow, 32, was sentenced to 168 months of imprisonment and 12 years of supervised release after being found guilty by a federal jury on three counts of sexual abuse of a minor.
According to facts established at trial, between May of 2020 and mid-December of 2020, Crow engaged in several sexual acts with a minor within a residence located on Fort Carson, an Army post near Colorado Springs. Crow was a civilian living on post and was responsible for the care of the minor at the time.
“There is nothing more important than protecting children in our society,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “This long sentence reflects the seriousness of the defendant’s abuse of a minor he was supposed to be protecting.”
"Child sex offenders prey on the most vulnerable victims. This sentence will not erase the harm inflicted upon the victim, but we hope it is a step towards recovery," said FBI Denver Special Agent in Charge Mark Michalek. "The FBI and our law enforcement partners such as U.S. Army Criminal Investigation Division will continue to work together to put predators who harm children in prison."
United States Senior District Court Judge Raymond P. Moore presided over the sentencing. The FBI Denver Field Office conducted the investigation. Assistant United States Attorneys Tom Minser and Al Buchman handled the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
Epsilon Senior Executive and Sales Manager Both Sentenced for Selling Data on Millions of U.S. Consumers to FraudstersRead the Press Release
WASHINGTON – Two men were sentenced to prison today for selling targeted lists of U.S. consumers for the benefit of mass-mailing fraud schemes that defrauded hundreds of thousands of Americans out of tens of millions of dollars. Following a two-week trial, a federal jury convicted Robert Reger, 57, of Boulder, Colorado, and David Lytle, 64, of Leawood, Kansas, of conspiracy to commit mail and wire fraud and numerous counts of substantive mail fraud and wire fraud. For these crimes, the U.S. District Court for the District of Colorado sentenced Reger, 57, to 120 months in prison, and Lytle, 64 to 48 months in prison.
According to evidence presented at trial, over the course of 10 years, the defendants were key participants in a scheme that knowingly sold targeted lists of consumers and their addresses to perpetrators of fraud schemes involving the sending of false and deceptive mail to consumers, particularly elderly and vulnerable people. The defendants committed the crimes while working at data broker Epsilon Data Management LLC (Epsilon), which used transactional data collected from marketing clients to predict new “responsive buyers” using computer algorithms and a database of 100 million U.S. households. Evidence at trial showed that the defendants used Epsilon’s algorithms to predict and sell lists of consumers most likely to respond to the fraud schemes’ mailings. The defendants’ business unit worked with dozens of clients that sent scam letters promising large prizes or falsely personalized astrological mailings promising wealth.
Evidence at trial showed that the defendants’ crimes helped facilitate harmful fraud on the victims whose data they sold. For example, the defendants sold nearly 100 lists of names and addresses to a particular fraudster client who used the data to defraud more than 218,000 victims of more than $23.7 million. Epsilon’s data showed that many victims were repeatedly defrauded by this single scheme, including more than 12,000 victims who were defrauded more than 20times each. At trial, elderly victims and their adult children testified about the scam letters victims received falsely promising cash prizes.
“Today’s sentences should make clear that those who illegally use Americans’ personal information to facilitate fraud will face serious consequences.” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will investigate and prosecute individuals who use their access to our personal data to target vulnerable Americans for their own gain.”
“Far too often, we prosecute cases where criminals prey on the elderly and vulnerable,” said Acting U.S. Attorney Matt Kirsch for the District of Colorado. “This sentence demonstrates that those who exploit the most vulnerable in our society for financial gain will be prosecuted and held accountable for their despicable actions.”
“The results of this collaborative investigation with the US Postal Inspection Service and its partners, has resulted in the arrests and convictions of two individuals who knowingly helped criminals target and scam vulnerable members of our community out of millions,” said Inspector in Charge Eric Shen of U.S. Postal Inspection Service (USPIS)’s Criminal Investigations Group. “This investigation demonstrates the continued commitment of the US Postal Inspections Service, to protect our most vulnerable communities. Our dedicated fraud teams allow us to expose and target criminals who try to hide behind these complex schemes. We will continue to collaborate with our law enforcement partners to ensure these individuals face justice.”
USPIS’ Transnational Elder Fraud Strike Force investigated this matter.
Senior Trial Attorney Alistair Reader and Assistant Director Rachael Doud of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Rebecca Weber for the District of Colorado prosecuted the case. Senior Trial Attorney Ehren Reynolds and former Assistant U.S. Attorney Hetal Doshi for the District of Colorado also assisted in the case.
The defendants’ former employer, Epsilon resolved its criminal liability via a deferred prosecution agreement in 2021, paying $150 million in penalties and victim compensation. That victim compensation effort has returned $122 million to more than 200,000 victims of fraud schemes to which Epsilon provided data.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints can be filed with the Federal Trade Commission at www.reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.
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Owner of Online Luxury Baby Boutique Sentenced to 90 Months for Defrauding Covid-19 Relief ProgramsRead the Press Release
DENVER - The United States Attorney’s Office for the District of Colorado announces that Shambrica Washington, 39, now a resident of Parker, Texas, was sentenced to 90 months in prison to be followed by three years of supervised release, and restitution of $542,924.45 after being found guilty by a federal jury on 31 counts including wire fraud, bank fraud, money laundering, and false claims offenses.
According to facts established at trial, Washington obtained loans from the Small Business Administration for two Economic Injury Disaster Loans (EIDL) and from JP Morgan Chase for two Paycheck Protection Program (PPP) loans for a total of $485,749.00 between March of 2020 and July of 2020. During that time, Washington obtained the loans under two business names. One was “Tiny Toes and Tiaras,” which was an online luxury baby boutique based in Colorado Springs. To obtain the fraudulent loans, Washington misrepresented how many people were employed by her businesses and the businesses’ wages, revenues, and costs of operation. She used the funds to purchase a car, a custom-built home, pay for elective surgery, and pay credit card debt and other bills. She then applied for millions of dollars in additional loans, grants, and tax credits, including by applying for advance tax credits from the Internal Revenue Service and a $6 million grant through a Small Business Administration program intended for shuttered concert venues.
“People who steal taxpayer dollars for personal benefit can and will pay the price,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “Our office has and will continue to find people who have abused Covid-19 funds and prosecute them to the fullest extent of the law.”
“Shambrica Washington fraudulently obtained PPP and EIDL designated to provide Americans financial relief during the COVID-19 pandemic,” said Tom Demeo, Acting Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “Washington’s sentence demonstrates the federal government's commitment to holding individuals accountable who defrauded critical programs that served to provide aid for families and small businesses.”
United States District Court Judge William J. Martinez presided over the trial. IRS Criminal Investigation and the FBI Denver Field Office conducted the investigation. Assistant United States Attorneys Craig Fansler and Taylor Glogiewicz handled the prosecution.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
On July 11, 2023, the Attorney General selected the District of Colorado’s U.S. Attorney’s Office to head one of five national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-results-nationwide-covid-19-fraud-enforcement-action.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Seven People Charged with over $40 Million in Medicare and Medicaid FraudRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Ronald King, 51, formerly of Berlin, New Hampshire, and now residing in Bangor, Maine, Victor Roiter, 55, of Sunny Isles Beach, Florida, Tina Wellman, 51, of Mayfield, New York, Adam Shorr, 55, of Dunedin, Florida, Robert O’Sullivan, 55, of Lake Sherwood, California, Bradley Edson, 66, of Mesa, Arizona, and John Gautereaux, 59, of Temecula, California were indicted by a federal grand jury on charges related to defrauding Medicare and Colorado Medicaid.
According to the indictment, the defendants were involved together through a variety of corporate entities including as owners of Tesis Labs, LLC, a parent company that owned and operated genetic testing labs, including Claro Scientific Laboratories, Inc., based in Lafayette, Colorado, and 303 Diagnostics LLC, based in Aurora, Colorado. The indictment alleges that defendants King, Roiter, Wellman, and Shorr conspired to defraud Medicare and Colorado Medicaid through several means, including by paying kickbacks and bribes to purported marketing companies for referrals for fraudulent and medically unnecessary genetic testing. These referrals in turn led to more than $40 million in false and fraudulent claims paid by Medicare and Colorado Medicaid to the laboratories for the genetic testing claims. The indictment alleges that all seven defendants participated in a conspiracy to offer and pay illegal bribes and kickbacks in connection with health care benefit programs, including Medicare, Colorado Medicaid, and private health insurance plans. The defendants agreed to pay kickbacks and bribes to individuals and entities they identified as “marketers” to solicit patients, including elderly Medicare beneficiaries, to participate in unnecessary genetic testing and to obtain doctors’ signatures on testing order forms for these patients. Many of these kickback recipients used call centers to target elderly Medicare beneficiaries. Finally, the indictment alleges that defendants King, Roiter, and Wellman conspired to launder the proceeds of the first two conspiracies described above.
Defendants King, Wellman, Shorr, O’Sullivan, Edson, and Gautereaux made initial appearances in Denver, Colorado, between August 26 and September 5, 2024, in front of Magistrate Judge Susan Prose.
The charges contained in the indictment are allegations and the defendants are presumed innocent of the charges unless and until proven guilty.
The case is being investigated by the Department of Health and Human Services – Office of the Inspector General, the Federal Bureau of Investigation Denver Field Division, and the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Anna Edgar.
Former Colorado Springs Man Convicted of Defrauding $500k of Taxpayer Funded COVID-19 Relief MoneyRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Charles Lacona, Jr., 67, formerly of Colorado Springs, was found guilty by a federal jury on two counts of wire fraud and one count of money laundering related to fraudulent COVID-19 related funds he received through the Paycheck Protection Program (PPP).
According to the facts established at trial, between April 2020 and April 2021, Lacona devised and participated in a scheme to defraud a lender of $513,732.50 in PPP loans. Lacona inflated payroll costs and gross receipts, made false statements and certifications, and submitted fabricated tax documents and payroll reports. During that same period, Lacona unsuccessfully applied for additional emergency government assistance through the Economic Injury Disaster Loan (EIDL) program. Lacona used some of the fraudulently obtained funds to purchase a Cadillac CT6 for $67,704.13.
“This is another case of someone using for personal gain a program meant to help people suffering during the COVID-19 pandemic,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “I want the public to know that we are aggressively prosecuting people who stole from this relief program.”
"These federal programs were designed to help families and small businesses facing financial challenges during the COVID-19 pandemic," said Tom Demeo, Acting Special Agent in Charge, IRS Criminal Investigation Denver Field Office. "Through our partnership with the U.S. Attorney's Office, IRS Criminal Investigation will continue to aggressively pursue individuals who attempt to exploit federal relief programs for their personal benefit."
United States District Court Judge Daniel D. Domenico presided over the trial. IRS Criminal Investigation handled the investigation. Assistant United States Attorneys Craig Fansler and Nicole Cassidy handled the prosecution.
Sentencing will be held at a later date.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
On July 11, 2023, the Attorney General selected the District of Colorado’s U.S. Attorney’s Office to head one of five national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-results-nationwide-covid-19-fraud-enforcement-action.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form
Denver Man Found Guilty of Operating Illegal Gambling ParlorRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Jonathan Arvay, 38, of Denver, was found guilty by a federal jury on one count of conducting an illegal gambling business, and one count of conspiracy to conduct an illegal gambling business.
According to the facts established at trial, Arvay operated Player One Arcade in Denver, part of a network of gambling parlors extending from Greeley to Pueblo. These parlors offered several electronic forms of gambling through games made to resemble arcade games, as well as virtual slot machines in which customers attempted to earn credits. Upon completing their game of choice, customers would exchange any credits won for a purported cryptocurrency, Obsidian Digital Asset Coin (ODAC), whose only function was to be exchanged for cash at an ATM-like “cryptocurrency teller machine” next door to or within the gambling parlor. Customers were required to pay a transaction fee to exchange the ODAC for U.S. currency.
“These gambling dens masqueraded as arcades with a veneer of legitimacy,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “I am grateful to law enforcement for digging beneath the veneer and finding that these establishments were causing real harm in our communities.”
“These defendants created a large, complex illegal gambling operation, both online and in person in Pueblo, Colorado Springs, Lakewood, Denver, Aurora, and Greeley. Their illicit proceeds led to crimes involving money laundering and fraud against the U.S. government, among other violations,” said FBI Denver Special Agent in Charge Mark Michalek. “Our strong partnerships with Internal Revenue Service - Criminal Investigation, as well as numerous state and local agencies, allowed us to successfully dismantle the gambling dens that were negatively impacting surrounding communities.”
“I applaud the efforts of our special agents and law enforcement partners for their diligent work in unraveling this complex financial scheme,” said Tom Demeo, Acting Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “As fraudsters devise new ways to evade their tax liability and defraud the government, our special agents continue to develop new investigative methods to track the illicit funds and hold these criminals accountable.”
United States District Judge Gordon P. Gallagher presided over the trial. The FBI Denver Field Division, the IRS Criminal Investigation Denver Field Office, and the Pueblo Police Department conducted the investigation. Assistant United States Attorneys Cyrus Y. Chung, Alison Connaughty, and Jena Neuscheler handled the prosecution.
Sentencing will be held on December 12, 2024.
Case Number: 23-cr-00222-GPG
Northglenn Man Charged with Assault in Rocky Mountain National Park Crash That Injured ThreeRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Wade Thyfault, 24, of Northglenn, Colorado, was charged by complaint with one count of assault resulting in serious bodily injury in connection with a high-speed chase and car crash inside Rocky Mountain National Park.
According to the complaint, on Sunday, September 8, 2024, a Dodge Ram truck drove through the Grand Lake entrance of Rocky Mountain National Park and did not stop. A Park Ranger attempted to engage with the vehicle, which continued to drive erratically through the park at high rates of speed. Near the junction of Mill’s Drive and Highway 36 the Dodge Ram collided with a Toyota Corolla. Three people in the Toyota were injured, one critically. The driver of the Dodge Ram fled the scene on foot. Area law enforcement searched for the driver, who was found the next day after a homeowner in Estes Park reported a break-in at their residence.
The defendant made his initial appearance in Denver, Colorado on September 12, 2024, in front of Chief United States Magistrate Judge Michael E. Hegarty.
The charges contained in the indictment are allegations and the defendant is presumed innocent of the charges unless and until proven guilty.
The case is being investigated by the National Park Service. The case is being prosecuted by Assistant United States Attorney Garreth Winstead.
Case Number: 24-mj-00171-MEH
Northern Colorado Man Sentenced to 29 Years in Prison for Attempted Production of Child PornographyRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Cullen Mackenzie Britton, 25, of Drake, Colorado, was sentenced to 348 months in prison and a lifetime of supervised release after he pleaded guilty to attempted production of child pornography.
According to the plea agreement, over the course of about two years, Cullen contacted at least six minors between the ages of nine and 14, via a social media site, and attempted to get the minors to create, and send to him, child pornography.
“The severity of this sentence shows how seriously we take sexual exploitation of children,” said Acting U.S. Attorney for the District of Colorado Matt Kirsch. “These abhorrent crimes will be prosecuted to the fullest extent of the law.”
"This sentence represents a victory in the ongoing battle to protect our most vulnerable citizens - our children. This individual, who used social media to exploit and prey on minors, will now face the full weight of justice with a sentence that reflects the seriousness of his crimes,” said Homeland Security Investigations (HSI) Denver Special Agent in Charge Ryan L. Spradlin. “HSI remains steadfast in our commitment to ensure that those who endanger our communities, especially our youth, are held accountable for their actions.”
Judge Regina M. Rodriguez presided over the sentencing. The case was investigated by HSI Denver. Assistant United States Attorney Melissa Hindman handled the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
Case Number: 23-CR-00480
Eight Drug Dealers Sentenced to 32 Total Years as Part of Large-Scale OperationRead the Press Release
DURANGO – The United States Attorney for the District of Colorado announces that a large-scale operation to shut down a drug trafficking operation in southwest Colorado has resulted in the conviction and sentencing of eight individuals.
In July of 2022, the Montezuma/Cortez Narcotics Investigation Team, the Drug Enforcement Administration, and Bureau of Indian Affairs received information that a drug trafficking organization was bringing significant amounts of methamphetamine and fentanyl into Montezuma County, Colorado. More than a kilogram of methamphetamine, 1,000 fentanyl pills, and multiple firearms were recovered and resulted in the following:
Crystal Bass, 43, of Cortez, Colorado, plead guilty to Possession with Intent to Distribute a Mixture and Substance Containing Methamphetamine. She was sentenced to 15 months in prison, to be followed by three years of supervised release.
Douglas Brummett, 34, of Cortez, Colorado, plead guilty to Possession with Intent to Distribute a Mixture and Substance Containing Methamphetamine and Possession with Intent to Distribute Fentanyl. He was sentenced to 34 months in prison, to be followed by three years of supervised release.
Mary Lobato, 41, of Cortez, Colorado, plead guilty to Possession with Intent to Distribute 50 Grams and More of a Mixture and Substance Containing a Detectable Amount of Methamphetamine and was sentenced to 28 months in prison, to be followed by three years of supervised release.
Infant Maciel, 29, of Cortez, Colorado, plead guilty to Possession with Intent to Distribute a Mixture and Substance Containing Methamphetamine. He was sentenced to 42 months in prison, to be followed by three years of supervised release.
Luis Martinez, 44, of Cortez, Colorado, plead guilty to Possession with Intent to Distribute 50 Grams and More of a Mixture and Substance Containing a Detectable Amount of Methamphetamine. He was sentenced to 80 months in prison, to be followed by four years of supervised release.
William Millard, 36, of Dolores, Colorado, plead guilty to Possession with Intent to Distribute a Mixture and Substance Containing Fentanyl and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. He was sentenced to 78 months in prison, to be followed by three years of supervised release.
Cesar Ortiz-Castillo, 33, a citizen of Mexico, plead guilty to Conspiracy to Distribute and Possess with Intent to Distribute at Least 40 Grams or More of a Mixture and Substance Containing a Detectable Amount of Fentanyl. He was sentenced to 72 months in prison, to be followed by five years of supervised release.
Russell Wall, 36, of Cortez, Colorado, plead guilty to Possession with Intent to Distribute 50 Grams and More of a Mixture and Substance Containing a Detectable Amount of Methamphetamine. He was sentenced to 36 months in prison, to be followed by four years of supervised release.
“Keeping illicit drugs out of the Four Corners region is a critical part of our public safety efforts there,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “We thank our local, tribal, and federal partners for helping make this complex operation possible and keeping the citizens of Montezuma County safer.”
“This investigation represents the Drug Enforcement Administration’s steadfast commitment to the rural communities of Colorado. There is no safe space for drug trafficking organizations to operate, and as demonstrated by a multi-agency effort, the DEA and its partners will identify, investigate, and prosecute those persons who seek to destroy our communities only to enrich themselves,” said DEA Rocky Mountain Field Division Special Agent in Charge Jonathan Pullen.
“The Montezuma/Cortez Narcotics Investigation Team is committed to fighting the war on dangerous drugs and stopping the flow of illicit narcotics coming into our communities,” said Cortez Police Detective Tom Quinnett. “Our primary goal is to dismantle and destroy drug trafficking organizations within our reach.”
“The Bureau of Indian Affairs (BIA) Division of Drug Enforcement is committed to combating illegal drug usage, possession, and distribution throughout Indian Country. This long-term investigation displays the results achieved through cooperation with the other Tribal, Local, and Federal agencies,” said Acting/Deputy Associate Director Tom Atkinson. “BIA is devoted to continuing to protect our native communities and is thankful for the partnerships with the DEA, Montezuma Cortez Narcotics Investigation Team, BIA-Ute Mountain Ute Agency, and Ute Mountain Casino Security.”
Judge Gordon P. Gallagher presided over the proceedings. The case was investigated in a collaborative effort of the Montezuma/Cortez Narcotics Investigation Team, the Drug Enforcement Administration, and Bureau of Indian Affairs. Assistant United States Attorneys R. Josh Player and Jeffrey K. Graves handled the prosecutions.
Case Numbers: 22-cr-00358-GPG-JMC, 23-cr-00007-GPG-JMC, 23-cr-00245-GPG-JMC
Federal Employee Charged with Defrauding U.S. Government of More Than $1 MillionRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that James Montoya, 54, of Lakewood, was indicted by a federal grand jury on eight counts of wire fraud.
According to the indictment, Montoya worked as a federal employee at the United States Geological Survey (USGS) office in Lakewood, Colorado. USGS is part of the United States Department of the Interior (DOI). During a routine initiative to identify misuse, DOI identified numerous questionable transactions on Montoya’s government charge card. The indictment alleges that Montoya concealed these improper purchases by altering documents to indicate these purchases were for work-related items. The alleged actions defrauded the government of approximately $1,223,009.42 over approximately fifteen years beginning around December of 2008 and continuing through at least November 2023.
The defendant made his initial appearance in Denver on Wednesday, September 4, 2024, in front of Magistrate Judge Susan Prose.
The charges contained in the indictment are allegations and the defendants are presumed innocent of the charges unless and until proven guilty.
The case is being investigated by the U.S. Department of the Interior Office of Inspector General. The case is being prosecuted by Special Assistant United States Attorney Sonia Dave.
Case Number: 24-cr-248-PAB
Pueblo Man Sentenced for Evading Income TaxRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Solomon Paul Garcia, age 46, of Pueblo, Colorado was sentenced to one year and one day in federal prison followed by three years of supervised release for tax evasion.
According to the plea agreement, Mr. Garcia worked for various employers as a journeyman electrical lineman. Beginning in 2016, and continuing until January of 2020, the defendant willfully avoided paying a substantial amount of income tax by submitting to his employers inaccurate Form W-4s claiming up to 99 allowances or false claims of tax exemptions. During this time, the defendant was only allowed to claim two allowances.
Mr. Garcia’s filings caused his employers to withhold little, if any, withholding taxes from his earned income. Although the defendant had an opportunity to pay all taxes due and owing for each calendar year by the respective filing deadlines, he did not file a tax return for any of the years in question. This resulted in the evasion of $267,028.50 in federal taxes. Consistent with his plea agreement, the Court ordered Mr. Garcia to pay restitution – inclusive of interest and penalties as calculated by the IRS. That amount is in excess of $548,000.
“People who evade their taxes are stealing from all the other taxpayers who pay what they owe. Our office will continue to aggressively prosecute tax evaders,” said Acting United States Attorney for the District of Colorado Matt Kirsch.
“Falsifying Form W-4s and claiming up to 99 allowances to avoid paying taxes is not only a crime against the federal government, it also unfairly shifts the tax burden to honest taxpayers,” said IRS Criminal Investigation Acting Special Agent in Charge Tom Demeo. “Garcia brazenly attempted to avoid his tax liability and other tax cheats must understand these crimes carry with them severe consequences.”
United States District Court Judge Nina Y. Wang sentenced Mr. Garcia on August 28, 2024. IRS Criminal Investigation conducted the investigation. Assistant United States Attorney Bradley W. Giles handled the prosecution.
31st Annual Four Corners Indian Country Conference Focuses on Partnership and JusticeRead the Press Release
IGNACIO – Acting United States Attorney for the District of Colorado Matt Kirsch hosted the 31st Annual Four Corners Indian Country Conference in Ignacio, Colorado this week.
The three-day event, held at the Sky Ute Casino Resort, focused on collaboration, commitment, and relationship building between the Department of Justice, Offices of the United States Attorneys in the region, and tribal communities.
“Our office and the Department of Justice have a long-held commitment to tribal communities here in Colorado and across the west,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “I am proud of the work we do to support our Indian Country partners and appreciate our ability to come together to better our working relationships.”
Started in 1992, The Four Corners Indian Country Conference focuses on prosecution, justice, and victims’ issues in Indian Country, specifically in the “four corners” states of Colorado, Arizona, New Mexico, and Utah. The District of Colorado was proud to highlight additional efforts put in place this year to support the law enforcement on tribal lands including the hiring of additional federal prosecutors, law enforcement trainings, and successful prosecutions which sought justice for victims of domestic violence and sexual assault.
Colorado is home to two federally recognized tribes, the Southern Ute and the Ute Mountain Ute. In addition to critical meetings focused on law enforcement and legal issues, the conference featured speakers, cultural presentations, and a local tribal artist to help attendees celebrate the rich cultural legacy of these tribes.
Next year’s Four Corners Indian Country Conference will be held in New Mexico.
Man Charged with Threatening Election Officials, State Judge, and Federal Law Enforcement AgentsRead the Press Release
DENVER – A Colorado man will make his initial appearance at the federal courthouse in Durango, Colorado, today on federal charges in connection with a series of online threats he made toward election officials in Colorado and Arizona, a Colorado state judge, and federal law enforcement agents.
Teak Brockbank, 45, of Cortez, was arrested on Friday in Cortez.
“We allege that the defendant made detailed death threats against election officials, judges, and law enforcement officers,” said Attorney General Merrick B. Garland. “Violent threats against public servants are a danger to our democracy, and the arrest and charges announced today make clear that the Justice Department will see to it that perpetrators answer for their actions.”
“As alleged, Teak Brockbank threatened the lives of multiple public servants on social media. Among other threats, he allegedly claimed that it was ‘time’ to put two state election officials to death and that he was obligated to ‘put a bullet’ in the head of a Colorado state judge,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Public servants must be able to do their jobs without fear. The Criminal Division will continue to aggressively investigate and prosecute those who target public officials with threats of violence.”
According to court documents, between September 2021 and August 2022, Brockbank allegedly used two social media accounts to post messages threatening Colorado and Arizona election officials. For example, on Aug. 4, 2022, Brockbank allegedly posted a message referring to separate election officials in Arizona and Colorado and then stated: “Once those people start getting put to death then the rest will melt like snowflakes and turn on each other. . . . This is the only way. So those of us that have the stomach for what has to be done should prepare our minds for what we all [a]re going to do!!!!!! It is time.”
Brockbank also allegedly posted a message threatening a Colorado state judge on Oct. 2, 2021: “I could pick up my rifle and I could go put a bullet in this Mans head and send him to explain himself to our Creator right now. I would be Justified!!! Not only justified but obligated by those in my family who fought and died for the freedom in this country. . . . What can I do other than kill this man my self?”
Finally, Brockbank allegedly threatened federal law enforcement on July 20, 2022, posting: “ATF CIA FBI show up to my house I am shooting them peace’s of s*** first No Warning!! Then I will call the sheriff!!! With everything that these piece of shit agencies have done I am completely justified to just start dropping them as soon as they step on my property! justified.”
Brockbank is charged with transmitting interstate threats. If convicted, he faces a maximum penalty of five years in prison.
The FBI Denver Field Office is investigating the case.
Trial Attorney Jonathan E. Jacobson of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Cyrus Y. Chung for the District of Colorado are prosecuting the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the Task Force has begun.
Under the leadership of Deputy Attorney General Monaco, the Task Force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found here: www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Denver Woman Sentenced to 20 Years for Armed Carjacking SpreeRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Alexis Dicarlo, 24, of Denver, was sentenced to 240 months in prison, and five years of supervised release for her role in an armed carjacking spree that involved shots fired at multiple victims.
On February 27, 2023, Denver Police responded to a call at a convenience store on East Hampden Avenue on a report of a person trying to carjack multiple victims and shooting a firearm. During her spree in the busy shopping plaza, Dicarlo threatened victims with handguns, demanded their wallets and cars, and ultimately gained access to multiple vehicles. During this spree, she fired bullets into the air and at two victims, narrowly missing them. One shot ultimately passed through a wall into an occupied neighboring business. DiCarlo was unsuccessful in fleeing the scene and possessed five handguns upon her arrest. Additionally, an officer involved in in the arrest suffered a broken leg.
“Our office’s primary focus is to keep the citizens of Colorado safe,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “We will not tolerate brazen, violent crimes like this one in our communities.”
“Crime sprees like these strike fear into our communities and jeopardize the safety and security of innocent people,” said FBI Denver Special Agent in Charge Mark Michalek. “Together with our partners at the Denver Police Department, FBI Denver will work tirelessly to identify and bring to justice those who commit acts of violence, ensuring our neighborhoods remain safe and secure for everyone.”
“Let this be a warning to those who commit violent crimes in our community that we will leverage our federal partnerships, when appropriate, to achieve the greatest possible consequences for offenders,” said Denver Chief of Police Ron Thomas. “We are grateful to our partners at the United States Attorney’s Office for the District of Colorado for their great work achieving a 20-year sentence in this case.”
The defendant was sentenced by Judge Nina Y. Wang on August 21, 2024. The Denver Police Department and the FBI Safe Streets Task Force handled the investigation. Assistant United States Attorney Albert Buchman handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case Number: 1_23-cr-00100-NYW
Four People Indicted on Charges Related to Robbery of Denver Jewelry StoreRead the Press Release
DENVER – The United States Attorney for the District of Colorado announces that Oswaldo Lozada-Solis, 23, Jesus Daniel Lara Del Toro, 20, Jean Franco Torres-Roman, 21, and Edwuimar Nazareth Colina-Romero, 18, all Venezuelan nationals, were indicted by a federal grand jury this week on charges related to the armed robbery of a Denver-area jewelry store.
According to the indictment, on the afternoon of June 24, the suspects entered the Joyeria El Ruby Jewelry Store on West 38th Avenue in Denver. During the robbery, suspects pointed weapons at employees, struck several employees with their weapons, and took a large amount of gold and jewelry. The suspects were later located in the El Paso, Texas area.
Lozada-Solis, Del Toro, and Torres-Roman are charged with armed robbery and brandishing a firearm during a crime of violence. Colina-Romero is charged with transporting stolen goods and possession of stolen goods.
The defendants made their initial appearances in Denver on August 20 and 21 in front of Magistrate Judge James P. O’Hara.
The charges contained in the indictment are allegations and the defendants are presumed innocent of the charges unless and until proven guilty.
The case is being investigated by Homeland Security Investigations Denver, the Denver Police Department, the FBI Denver Field Division, FBI El Paso Field Division, Homeland Security Investigations El Paso, U.S. Border Patrol El Paso Sector, Texas Department of Public Safety, El Paso Police Department, and West Texas Anti-Gang Center. The case is being prosecuted by Special Assistant United States Attorney Leah Perczak and Assistant United States Attorney Garreth Winstead.
Case Number: 24-CR-00247-NYW
Aurora Man Sentenced for Dealing Firearms Without LicenseRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces Timothy Taconi, age 70, of Aurora, has been sentenced to 30 months in prison after pleading guilty to one count of dealing a firearm without a license. Taconi also voluntarily agreed to pay more than $190,000 in restitution for Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) loans he received for the illegal firearms business.
According to the plea agreement, from August 2020, through February 5, 2023, the defendant, not being a licensed dealer of firearms, engaged in the business of dealing in firearms. The defendant also admitted to selling unregistered silencers. ATF previously revoked the federal firearms license of the dealer owned by Taconi, finding that his business had committed hundreds of violations of the Gun Control Act. A federal judge affirmed the revocation in 2021.
“Laws regulating the sales of firearms help keep our communities safe,” said Acting U.S. Attorney for the District of Colorado Matt Kirsch. “We will continue to aggressively prosecute people violating those laws, especially repeat offenders.”
"Despite multiple warnings, Taconi intentionally and repeatedly chose to illegally sell firearms and manufacture ghost guns, what we call Privately Made Firearms, nationwide, particularly along the US-Mexican border," said ATF Assistant Special Agent in Charge Chris Ashbridge. "His actions significantly increased the risk of violent gun crime, putting our families and communities in great danger."
The defendant was sentenced by Judge Charlotte N. Sweeney on July 24, 2024.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Denver Division handled the investigation. Special Assistant United States Attorney Leah Perczak and Assistant United States Attorney Rebecca Weber handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
CASE NUMBER: 23-cr-00058
Former Colorado Springs Area Man Convicted of Sex Assault on a MinorRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Mitchel Crow, 32, was found guilty on three counts of sexual abuse of a minor.
According to facts established at trial, between May of 2020 and mid-December of 2020, Crow engaged in a sexual acts with a minor within a residence located on Fort Carson, an Army post near Colorado Springs.
“Sexual assault involving a minor victim is one of the more despicable crimes in our society,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “Protecting the most vulnerable in our state, including our children, remains one of our top priorities.”
“These cases are devastating for the victim and difficult for the supportive friends and family as well as the investigators,” said FBI Denver Special Agent in Charge Mark Michalek. “A violent crime like this against a juvenile is heart-breaking, and the FBI will continue to support survivors and bring perpetrators to justice. “
United States Senior District Court Judge Raymond P. Moore presided over the trial. The FBI conducted the investigation. Assistant United States Attorneys Tom Minser and Al Buchman handled the prosecution.
Sentencing will be held at a later date.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
DaVita to Pay over $34M to Resolve Allegations of Illegal KickbacksRead the Press Release
DaVita Inc., headquartered in Denver, Colorado, has agreed to pay $34,487,390 to resolve allegations that it violated the False Claims Act by paying kickbacks to induce referrals to DaVita Rx, a former subsidiary that provided pharmacy services for dialysis patients, and by paying kickbacks to nephrologists and vascular access physicians to induce the referral of patients to DaVita’s dialysis centers.
The Anti-Kickback Statute prohibits anyone from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce referrals of patients or of items or services covered by Medicare, Medicaid and other federally funded programs.
The United States alleges that DaVita paid kickbacks to a competitor to induce referrals to DaVita Rx to serve as a “central fill pharmacy,” or prescription fulfillment provider, for that competitor’s Medicare patients’ prescriptions. In exchange, DaVita paid to acquire certain European dialysis clinics and agreed to extend a prior commitment to purchase dialysis products from the competitor. DaVita would not have paid the price that it did for these deals without the competitor’s commitment to refer its Medicare patients’ prescriptions to DaVita Rx in return.
The United States further alleges that DaVita provided management services to vascular access centers owned by physicians in a position to refer patients to DaVita’s dialysis clinics. DaVita paid improper remuneration to these physician-owners in the form of uncollected management fees to induce referrals to DaVita’s dialysis centers.
Finally, the United States alleges that DaVita paid improper remuneration to a large nephrology practice to induce referrals to DaVita’s dialysis clinics. DaVita gave the practice a right of refusal to staff the medical director position at any new dialysis center that opened near the nephrology practice and paid the practice $50,000 despite the practice’s decision not to staff the medical director position for those clinics.
“Improper financial arrangements between Medicare providers can distort the healthcare marketplace,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable healthcare providers that seek to generate business by paying unlawful remuneration.”
“Medicare patients should be able to trust their healthcare providers not to pay illegal kickbacks to induce referrals,” said Acting U.S. Attorney Matthew Kirsch for the District of Colorado. “This resolution reflects the seriousness of the government’s determination to restore integrity to the healthcare marketplace.”
“Illegal kickback payments corrupt the market for health care services and cause harm and financial loss to Medicare and other federally funded health care programs,” said Special Agent in Charge Linda Hanley of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our ongoing enforcement efforts aim to safeguard the integrity of taxpayer-funded health care programs, like Medicare and Medicaid, while curbing schemes that unduly influence patients' and doctors' health care options.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Dennis Kogod, a former Chief Operating Officer of DaVita Kidney Care. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Kogod v. DaVita, Inc., et al., No. 17-cv-02611-PAB (D. Colo.). Kogod will receive $6,370,000 of the proceeds from the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Colorado with assistance from HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorney Gary Newkirk of the Civil Division and Assistant U.S. Attorney Lila Bateman for the District of Colorado handled the matter.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
SettlementDaVita to Pay over $34M to Resolve Allegations of Illegal KickbacksRead the Press Release
DENVER – DaVita Inc., headquartered in Denver, has agreed to pay $34,487,390 to resolve allegations that it violated the False Claims Act by paying kickbacks to induce referrals to DaVita Rx, a former subsidiary that provided pharmacy services for dialysis patients, and by paying kickbacks to nephrologists and vascular access physicians to induce the referral of patients to DaVita’s dialysis centers.
The Anti-Kickback Statute prohibits anyone from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce referrals of patients or of items or services covered by Medicare, Medicaid and other federally funded programs.
The United States alleges that DaVita paid kickbacks to a competitor to induce referrals to DaVita Rx to serve as a “central fill pharmacy,” or prescription fulfillment provider, for that competitor’s Medicare patients’ prescriptions. In exchange, DaVita paid to acquire certain European dialysis clinics and agreed to extend a prior commitment to purchase dialysis products from the competitor. DaVita would not have paid the price that it did for these deals without the competitor’s commitment to refer its Medicare patients’ prescriptions to DaVita Rx in return.
The United States further alleges that DaVita provided management services to vascular access centers owned by physicians in a position to refer patients to DaVita’s dialysis clinics. DaVita paid improper remuneration to these physician-owners in the form of uncollected management fees to induce referrals to DaVita’s dialysis centers.
Finally, the United States alleges that DaVita paid improper remuneration to a large nephrology practice to induce referrals to DaVita’s dialysis clinics. DaVita gave the practice a right of refusal to staff the medical director position at any new dialysis center that opened near the nephrology practice and paid the practice $50,000 despite the practice’s decision not to staff the medical director position for those clinics.
“Improper financial arrangements between Medicare providers can distort the healthcare marketplace,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable healthcare providers that seek to generate business by paying unlawful remuneration.”
“Medicare patients should be able to trust their healthcare providers not to pay illegal kickbacks to induce referrals,” said Acting U.S. Attorney Matthew Kirsch for the District of Colorado. “This resolution reflects the seriousness of the government’s determination to restore integrity to the healthcare marketplace.”
“Illegal kickback payments corrupt the market for health care services and cause harm and financial loss to Medicare and other federally funded health care programs,” said Special Agent in Charge Linda Hanley of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our ongoing enforcement efforts aim to safeguard the integrity of taxpayer-funded health care programs, like Medicare and Medicaid, while curbing schemes that unduly influence patients' and doctors' health care options.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Dennis Kogod, a former Chief Operating Officer of DaVita Kidney Care. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Kogod v. DaVita, Inc., et al., No. 17-cv-02611-PAB (D. Colo.). Kogod will receive $6,370,000 of the proceeds from the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Colorado with assistance from HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorney Gary Newkirk and Assistant U.S. Attorney Lila Bateman for the District of Colorado investigated the matter.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Arapahoe County Man Sentenced to Four Years in Prison in Connection with Robbery of Mail CarrierRead the Press Release
DENVER – The United States Attorney for the District of Colorado announces that Dravell Emon Ross, 28, of Arapahoe County, was sentenced to four years in prison after being pleading guilty to one count of conspiracy to commit robbery and one count of mail theft.
According to the facts within the parties’ plea agreement, in September of 2023, Ross and two other individuals committed a strong-arm robbery of a postal carrier while she was on duty in her mail truck taking her lunch break. Ross and the other individuals attempted to obtain a universal mailbox key to access community mailboxes. The men were unable to steal the universal key, but did steal various pieces of mail, packages, and a postal scanner. The postal carrier suffered minor injuries as a result of the robbery. The other suspects in this case have not yet been charged.
“Mail theft is an all-too-common occurrence in our communities,” said Acting United States Attorney for the District of Colorado Matt Kirsch. “Our office is focused on keeping our communities safe and prosecuting these crimes to the fullest extent of the law.”
“The United States Postal Inspection Service will not tolerate violence against any U.S. Postal Service employees or theft of the U.S. Mail,” said Inspector in Charge Bryan Musgrove of the Denver Division of the United States Postal Inspection Service. “Postal Inspectors will relentlessly pursue these offenders and ensure they are held responsible for their crimes.”
The defendant was sentenced on July 12, 2024, by Judge Charlotte N. Sweeney.
The case was investigated by the United States Postal Inspection Service. The prosecution was handled by Assistant United States Attorney Tim Neff.
Colorado Springs Man Indicted on 11 Counts of Mail TheftRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Adam Christopher Turner, 40, of Colorado Springs, was indicted by a federal grand jury in Denver on June 27, 2024, on 11 counts of fraud in connection with unauthorized access devices, aggravated identity theft, possession of stolen mail, possession of stolen mail keys, possession with intent to distribute 50 grams and more of a mixture and substance containing a detectable amount of methamphetamine, and for being a felon in possession of a firearm.
According to the indictment, Turner was linked to a multitude of thefts from community mailboxes in El Paso County, and in Parker, Colorado. The indictment alleges that Turner utilized counterfeit postal service master keys, called arrow keys, to steal mail from community mailboxes, also known as cluster box units. When a search warrant was executed on Turner’s residence, police found approximately 70 grams of methamphetamine, arrow keys, a firearm, and numerous pieces of stolen mail and stolen identity documents. Turner was on probation at the time of the execution of the warrant and is a convicted felon.
The defendant made his initial appearance on July 8, 2024, in Denver, in front of Magistrate Judge Scott T. Varholak.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty.
The case is being investigated by the El Paso County Sheriff’s Office and the United States Postal Inspection Service. The case is being prosecuted by Special Assistant United States Attorney Sonia Dave.
Colorado Couple Indicted for $5 Million COVID-19 Relief Program Fraud SchemeRead the Press Release
DENVER - The United States Attorney’s Office for the District of Colorado announces that Joshua Lybolt, 45, and Magdalena Lybolt, 46, of Castle Rock, Colorado, were indicted by a federal grand jury in Colorado. Joshua Lybolt has been charged with wire fraud and money laundering and Magdalena Lybolt with wire fraud.
According to the indictment, from April 2020 until around August 2022, Joshua Lybolt applied for and received $4,950,000 in COVID-19 Economic Injury Disaster Loans (EIDL) from the Small Business Administration (SBA) and $41,667 in Paycheck Protection Program (PPP) funds from an SBA-approved lender. The indictment alleges that Joshua Lybolt falsely certified in fraudulent loan applications that the business entities suffered losses as a result of the COVID-19 pandemic, despite knowing that the business entities were not in operation on the dates required to receive relief funds.
The indictment further alleges that Joshua Lybolt and Magdalena Lybolt falsely certified that all the loan proceeds would be used for business expenses when, in fact, they used the bulk of the proceeds for personal expenses including a 2022 Porsche Taycan, a 2016 Land Rover Range Rover, memberships in a country club, a luxury vacation club, and real estate properties.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted in March 2020 and was designed to provide emergency financial assistance to Americans dealing with the economic impact of the COVID-19 pandemic. The CARES Act created the PPP, a program administered by the SBA that provided loans to small businesses to retain workers, maintain payroll, and certain other expenses consistent with PPP rules. Additionally, the CARES Act authorized the SBA to provide EIDLs to eligible small businesses experiencing substantial financial disruptions due to the COVID-19 pandemic.
The defendants made their initial appearance on July 11, 2024, in Denver in front of Magistrate Judge Scott T. Varholak.
The charges contained in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys Theodore O’Brien and Craig Fansler.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
On July 11, 2023, the Attorney General selected the District of Colorado’s U.S. Attorney’s Office to head one of five national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-results-nationwide-covid-19-fraud-enforcement-action.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form
Convicted Felon Found Guilty of Possessing FirearmRead the Press Release
DENVER – The U.S. Attorney for the District of Colorado announced that a jury found Colorado resident Alvin Madison, 46, of Denver, guilty on one count of being a felon in possession of a firearm.
According to the facts established at trial, on April 19, 2023, Colorado Parole officers located a fugitive, Dion Avila, at an apartment complex in Denver. They saw Dion Avila, Alvin Madison, and another man get into a car and drive away. Shortly thereafter, Denver Police officers stopped the car and had all three the men get out of the vehicle. When Alvin Madison exited the car, the officers patted him down for weapons and found that Madison had a loaded firearm in his right front jacket pocket and 24 rounds of ammunition loaded into a high-capacity magazine in the other jacket pocket. There was also a firearm on the rear passenger floorboard of the vehicle that Dion Avila later pled guilty to possessing. Madison, Dion Avila, and the driver of the car are previously convicted felons who have served prior prison sentences.
“Keeping repeat violent offenders off our streets is a critical component of keeping our communities safe,” said Acting U.S. Attorney for the District of Colorado Matt Kirsch. “It is illegal for convicted felons to possess guns and ammunition, and we will vigorously prosecute repeat offenders who continue to arm themselves.”
"This case exemplifies the incredible work being done by the RAVEN task force in our efforts to combat violent crime every day," said ATF Special Agent in Charge Brent Beavers. "Their investigation from arrest to federal prosecution has removed an illegally armed and violent criminal, previously convicted of attempted murder, from the streets in our communities."
United States District Court Chief Judge Philip Brimmer presided over the trial. The Denver Police Department, Colorado Department of Corrections Parole Fugitive Unit, and ATF conducted the investigation. Assistant United States Attorney Celeste Rangel and Denver Special Assistant United States Attorney Dorothy Wilson handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case Number: 23-CR-00240
Owner of Online Luxury Baby Boutique Found Guilty on 31 Counts of Defrauding COVID-19 Relief ProgramsRead the Press Release
DENVER – The U.S. Attorney for the District of Colorado announced that a jury found a former Colorado resident guilty of 31 counts of defrauding the Economic Injury Disaster Loan (EIDL) Program and the Paycheck Protection Program (PPP) of nearly half a million dollars.
Shambrica Washington, 39, now a resident of Parker, Texas, was found guilty on 31 counts including wire fraud, bank fraud, money laundering, and false claims offenses.
According to facts established at trial, Washington, obtained loans from the Small Business Administration for two Economic Injury Disaster Loans and from JPMorgan Chase for two PPP loans for a total of $485,749.00 between March of 2020 and July of 2020. During that time Washington obtained the loans under two business names, including Tiny Toes and Tiaras, an online luxury baby boutique. To obtain the fraudulent loans, Washington misrepresented how many people were employed by her businesses and the businesses’ wages, revenues, and costs of operation. She used the funds to purchase a car, a custom-built home, pay for elective surgery, and pay credit card debt and other bills with the money. She then applied for millions of dollars in additional loans, grants, and tax credits, including by applying for advance tax credits from the Internal Revenue Service and a $6 million grant through a Small Business Administration program intended for shuttered concert venues.
“The defendant in this case fraudulently took money from American taxpayers for her own personal benefit,” said Acting United States Attorney for the District of Colorado Matthew Kirsch. “Our office and the Department of Justice will continue to seek out and prosecute individuals who took advantage of programs meant to help those in need during the COVID-19 pandemic.”
“CARES Act funds were meant to provide direct economic assistance to American workers and businesses negatively impacted by the COVID-19 pandemic,” said Special Agent in Charge Mark Michalek. “This defendant fraudulently obtained hundreds of thousands of dollars under this program to buy homes, vehicles, and elective surgery. The FBI will continue to pursue such criminal opportunists and hold them accountable.”
“The defendant was found guilty of taking advantage of programs designed to provide emergency financial assistance to millions of American workers, families, and small businesses,” said IRS-CI Special Agent in Charge Andy Tsui. “IRS-CI has been involved in investigating fraudulent activities tied to CARES Act funds since its inception and our special agents will continue to track down individuals who stole money intended for those whose lives were upended by the pandemic.”
United States District Court Judge William J. Martinez presided over the trial. IRS Criminal Investigation and the FBI Denver Field Office conducted the investigation. Assistant United States Attorneys Craig Fansler and Taylor Glogiewicz handled the prosecution.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
On July 11, 2023, the Attorney General selected the District of Colorado’s U.S. Attorney’s Office to head one of five national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-results-nationwide-covid-19-fraud-enforcement-action.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Attempted Carjacker on the Southern Ute Reservation Sentenced to 10 Years in PrisonRead the Press Release
DURANGO – The U.S. Attorney’s Office for the District of Colorado announces that Lionel Mario Charley, age 30, of Durango, Colorado, was sentenced to 120 months in prison for attempted carjacking resulting in serious bodily injury on the Southern Ute Indian Reservation. The prison sentence will be followed by five years of supervised release.
According to the plea agreement, on June 15, 2022, Charley accosted a woman in the parking garage of a Durango office building in which she worked at the time. Charley threatened the employee, got into her vehicle, and demanded that she take him to Red Mesa, Arizona. The victim drove Charley a short distance before pulling over on the Southern Ute Indian Reservation and demanding he leave the vehicle. In response, Charley took a rock from his pocket and struck the victim repeatedly in the head. Charley admitted his intent was to seriously hurt the victim so he could “hijack” her car. During the attack, the victim’s car rolled down an embankment. The victim was able to escape Charley and crawl back to the road to seek help. Charley fled and the next morning stole another car and drove it to Arizona.
“This random, unprovoked attack on an innocent citizen justifies this lengthy sentence,” said Acting United States Attorney Matthew Kirsch. “We remain committed to vigorously prosecuting violent crime on the Southern Ute Indian Reservation.”
“This was a violent attack on an unsuspecting victim. If not for her courage, this outcome would not have been possible,” said FBI Denver Special Agent in Charge Mark Michalek. “This incident started in Durango and ended on the Southern Ute Reservation, which required assistance from the Durango Police Department, La Plata County Sheriff’s Office and Southern Ute Police Department. We thank the survivor and these agencies for their efforts that led to a safe conclusion.”
United States District Court Judge Gordon P. Gallagher sentenced the defendant on June 18, 2024.
The Federal Bureau of Investigation office in Durango conducted the investigation in conjunction with the Southern Ute Police Department. Assistant United States Attorney Jeffrey K. Graves handled the prosecution of the case.
Former Colorado Resident Sentenced to Life in Prison for Federal Hate Crimes and Firearm Offenses Related to Mass Shooting at Club QRead the Press Release
DENVER – Anderson Lee Aldrich, 24, formerly of Colorado Springs, Colorado, was sentenced to 55 concurrent life sentences to run consecutive to 190 years in prison after pleading guilty to 74 hate crimes and firearms charges related to the Nov. 19, 2022, mass shooting at Club Q, an LGBTQIA+ establishment in Colorado Springs.
According to the plea agreement, Aldrich admitted to murdering five people, injuring 19, and attempting to murder 26 more in a willful, deliberate, malicious, and premediated attack at Club Q. According to the plea, Aldrich entered Club Q armed with a loaded, privately manufactured assault weapon and began firing. Aldrich continued firing until subdued by patrons of the Club. As part of the plea, Aldrich admitted that this attack was in part motivated because of the actual or perceived sexual orientation and gender identity of any person.
“Fueled by hate, the defendant targeted members of the LGBTQIA+ community at a place that represented belonging, safety, and acceptance – stealing five people from their loved ones, injuring 19 others, and striking fear across the country,” said Attorney General Merrick B. Garland. “Today’s sentencing makes clear that the Justice Department is committed to protecting the right of every person in this country to live free from the fear that they will be targeted by hate-fueled violence or discrimination based on who they are or who they love. I am grateful to every agent, prosecutor, and staff member across the Department – from the U.S. Attorney’s Office for the District of Colorado, to the Civil Rights Division, the ATF, and FBI – for their work on this case. The Justice Department will never stop working to defend the safety and civil rights of all people in our country.”
“The 2022 mass shooting at Club Q is one of the most violent crimes against the LGBTQIA+ community in history,” said FBI Director Christopher Wray. “The FBI and our partners have worked tirelessly towards this sentencing, but the true heroes are the patrons of the Club who selflessly acted to subdue the defendant. This Pride Month and every month, the FBI stands with the survivors, victims, and families of homophobic violence and hate.”
“The defendant’s mass shooting and heinous targeting of Club Q is one of the most devastating assaults on the LGBTQIA+ community in our nation’s history. This sentence cannot reclaim the lives lost or undo the harms inflicted. But we hope that it provides the survivors, the victims’ families, and their communities a small measure of justice,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our message today should be loud and clear. No one should have to fear for their life or their safety because of their gender identity or sexual orientation. The Department of Justice will vigorously investigate and prosecute those who perpetrate hate-fueled, bias-driven attacks.”
“Hate has no place in our country and no place in Colorado” said Acting U.S. Attorney Matt Kirsch for the District of Colorado. “I hope that today’s sentence demonstrates to the victims and those connected to this horrific event that we do not tolerate these heinous acts of violence.”
“ATF will not rest until perpetrators like this defendant are prosecuted to the fullest extent of the law,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “I hope today’s life sentence brings at least some peace to the victims and survivors of this senseless, horrific tragedy. That this sentence should come during Pride month reinforces how far we have left to go before all communities, including all LGBTQIA+ communities, are safe here. It also shows how far ATF and all our partners will go to ensure hatred does not win.”
The FBI Denver Field Office, Colorado Springs Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Assistant U.S. Attorneys Alison Connaughty and Bryan Fields for the District of Colorado and Trial Attorney Maura White of the Justice Department’s Civil Rights Division prosecuted the case.
Former Colorado Resident Sentenced to Life in Prison for Federal Hate Crimes and Firearm Offenses Related to Mass Shooting at Club QRead the Press Release
Anderson Lee Aldrich, 24, formerly of Colorado Springs, Colorado, was sentenced to 55 concurrent life sentences to run consecutive to 190 years in prison after pleading guilty to 74 hate crimes and firearms charges related to the Nov. 19, 2022, mass shooting at Club Q, an LGBTQIA+ establishment in Colorado Springs.
According to the plea agreement, Aldrich admitted to murdering five people, injuring 19, and attempting to murder 26 more in a willful, deliberate, malicious, and premediated attack at Club Q. According to the plea, Aldrich entered Club Q armed with a loaded, privately manufactured assault weapon and began firing. Aldrich continued firing until subdued by patrons of the Club. As part of the plea, Aldrich admitted that this attack was in part motivated because of the actual or perceived sexual orientation and gender identity of any person.
“Fueled by hate, the defendant targeted members of the LGBTQIA+ community at a place that represented belonging, safety, and acceptance – stealing five people from their loved ones, injuring 19 others, and striking fear across the country,” said Attorney General Merrick B. Garland. “Today’s sentencing makes clear that the Justice Department is committed to protecting the right of every person in this country to live free from the fear that they will be targeted by hate-fueled violence or discrimination based on who they are or who they love. I am grateful to every agent, prosecutor, and staff member across the Department – from the U.S. Attorney’s Office for the District of Colorado, to the Civil Rights Division, the ATF, and FBI – for their work on this case. The Justice Department will never stop working to defend the safety and civil rights of all people in our country.”
“The 2022 mass shooting at Club Q is one of the most violent crimes against the LGBTQIA+ community in history,” said FBI Director Christopher Wray. “The FBI and our partners have worked tirelessly towards this sentencing, but the true heroes are the patrons of the Club who selflessly acted to subdue the defendant. This Pride Month and every month, the FBI stands with the survivors, victims, and families of homophobic violence and hate.”
“ATF will not rest until perpetrators like this defendant are prosecuted to the fullest extent of the law,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “I hope today’s life sentence brings at least some peace to the victims and survivors of this senseless, horrific tragedy. That this sentence should come during Pride month reinforces how far we have left to go before all communities, including all LGBTQIA+ communities, are safe here. It also shows how far ATF and all our partners will go to ensure hatred does not win.”
“The defendant’s mass shooting and heinous targeting of Club Q is one of the most devastating assaults on the LGBTQIA+ community in our nation’s history. This sentence cannot reclaim the lives lost or undo the harms inflicted. But we hope that it provides the survivors, the victims’ families, and their communities a small measure of justice,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our message today should be loud and clear. No one should have to fear for their life or their safety because of their gender identity or sexual orientation. The Justice Department will vigorously investigate and prosecute those who perpetrate hate-fueled, bias-driven attacks.”
“Hate has no place in our country and no place in Colorado” said Acting U.S. Attorney Matt Kirsch for the District of Colorado. “I hope that today’s sentence demonstrates to the victims and those connected to this horrific event that we do not tolerate these heinous acts of violence.”
The FBI Denver Field Office, Colorado Springs Police Department, and ATF investigated the case.
Assistant U.S. Attorneys Alison Connaughty and Bryan Fields for the District of Colorado and Trial Attorney Maura White of the Justice Department’s Civil Rights Division prosecuted the case.
U.S. Attorney's Office Secures Agreement in Sexual Harassment Lawsuit Against Owner and Property Manager of Eagle, Colorado Rental PropertyRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announced that a federal judge has approved a consent order that resolves a lawsuit filed in federal district court under the Fair Housing Act by the U.S. Attorney’s Office against Butters Investments, LLC, the owner of a rental property in Eagle, Colorado, and Kathryn Butters, the property manager. The United States alleged that the defendants subjected a family to repeated sexual assault and harassment when they lived in a property owned by Butters Investments. To resolve the lawsuit, Ms. Butters and Butters Investments agreed to several terms, including paying $300,000.00 to compensate the family.
In the complaint filed in the lawsuit, the United States alleged that in 2019 and 2020, the victim family, a couple and their minor children, rented a residential unit owned by Butters Investments, and that Ms. Butters served as the property manager. The complaint alleged that Ms. Butters repeatedly made unannounced visits to the victim family’s home, during which she made unwanted sexual comments and contact with four family members, including a male child who was only eleven or twelve years old at the time of the events and another male child who was only ten years old at the time. The complaint alleges that Ms. Butters made inappropriate sexual comments to the family, including referring to the genitals of one of the children, and on another occasion speculating about the color of one of the children’s pubic hair. The complaint alleged that Ms. Butters’ conduct also included, on several occasions, slapping both parents’ buttocks, and grabbing the children’s genitals. The complaint alleged that this conduct constituted housing discrimination based on sex in violation of the Fair Housing Act.
To resolve the allegations, Ms. Butters and Butters Investments agreed to a consent order, which was signed by the Honorable Kathryn A. Starnella of the United States District Court for the District of Colorado. Under the terms of the consent order, Ms. Butters and Butters Investments agreed to pay $300,000.00 to compensate the victim family. In addition, under the terms of the consent order, Ms. Butters agreed not to have contact with residential housing tenants in the future. Ms. Butters and Butters Investments also agreed that Ms. Butters and the owners and employees of Butters Investments would complete fair housing training, and that their compliance with the Fair Housing Act will be monitored by the U.S. Attorney’s Office under the court’s order.
The lawsuit stems from a complaint that the family filed with the United States Department of Housing and Urban Development (HUD). HUD’s Office of Fair Housing and Equal Opportunity conducted an investigation and found reasonable cause that discrimination based on sex had occurred. The parents then made an election under the Fair Housing Act to have the Department of Justice, through the U.S. Attorney’s Office, file a complaint in federal district court on their behalf.
“Sexual harassment in housing is particularly egregious because people deserve to feel safe in their homes,” said Acting U.S. Attorney Matt Kirsch. “We are committed to protecting tenants who are subjected to sexual assault and harassment, and we will continue to work with HUD to hold accountable landlords and property managers who violate the Fair Housing Act.”
“Absolutely no one, including families with children, should ever have to worry about being sexually harassed by their landlord or property manager,” said Demetria L. McCain, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. “HUD’s investigation and charge, which resulted in today’s settlement, should serve as notice that this type of behavior is illegal and will not be tolerated.”
To learn more about the U.S. Attorney’s Office’s civil rights enforcement program, or to file a complaint, please visit www.justice.gov/usao-co/civil-rights-enforcement.
Additional information about the Fair Housing Act, including information about how to file a complaint, can be found on HUD’s website at https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview.
The defendants have denied liability, and the claims made in the complaint are allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
This case is being handled by Assistant U.S. Attorneys Alicia Alvero Koski and Zeyen Wu.
Read the complaint here.
Marriott International Agrees to Address Barriers to Making Reservations for Accessible Rooms at Marriott-Branded HotelsRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announced today that it has reached an agreement under the Americans with Disabilities Act (ADA) with Marriott International, Inc. (Marriott), to address barriers to making reservations for accessible rooms at Marriott-branded hotels across the United States. Under the terms of the agreement, Marriott will make improvements to a wide range of its reservation processes to make it easier for hotel guests to reserve and stay in the accessible rooms they need to accommodate their disabilities. Marriott will also pay a $50,000 civil penalty.
Marriott is based in Bethesda, Maryland, and is one of the world’s largest hotel chains, with direct management of over 600 hotels in the United States as well as over 5,000 hotels in the United States franchised under more than 20 hotel brands (see below for list of brands). Most hotels under Marriott brands are owned and operated by independent franchisees, but Marriott operates a centralized reservation system.
“Today’s agreement with Marriott International will significantly improve the experience for individuals with disabilities when they reserve accessible rooms at Marriott-branded hotels,” said Acting U.S. Attorney for the District of Colorado Matt Kirsch. “We commend Marriott International for addressing obstacles these individuals face in obtaining the accommodations they need. This agreement reflects our commitment to enforcing the Americans with Disabilities Act, which requires equal treatment for people with disabilities.”
ADA Rules for Hotel Guests Who Need Accessible Rooms
In 2010, to further implement the ADA as it applies to hotels and other types of temporary lodging, the U.S. Department of Justice (DOJ) issued the Reservation Rule, intended to ensure that individuals with disabilities making reservations for hotel rooms with accessible features could do so on an equal basis as other individuals reserving hotel rooms. In explaining the need for rules covering hotel reservations, DOJ observed, “Each year the Department receives many complaints concerning failed reservations [for accessible rooms],” and “individuals with disabilities expressed frustration . . . because of shortcomings in [then] current hotel reservations systems.”
The rule requires hotels to facilitate accessible room reservations on an equal basis as reservations for other rooms by (1) providing detailed information about accessible features in hotel guest rooms; (2) ensuring that accessible guest rooms are held for use by individuals with disabilities; (3) reserving specific types of accessible guest rooms, and (4) ensuring that those rooms are held for the individuals with disabilities who reserve them.
Also in 2010, the DOJ adopted revisions to the ADA Standards for Accessible Design and issued Guidance on those Standards (the 2010 Standards). The 2010 Standards require hotels to offer and maintain minimum numbers of guest rooms with accessible features, and to provide choices of the types of accessible guest rooms that are comparable to the choices provided to other guests.
The Reservations Rule, 2010 Standards, and other materials can be found at www.ada.gov/law-and-regs/.
The U.S. Attorney’s Office’s Investigation
DOJ received a number of complaints from individuals with disabilities relating to the reservation of accessible rooms at Marriott-branded hotels. The U.S. Attorney’s Office’s investigation of Marriott’s reservation practices encompassed a wide range of issues, and included examining how guests make reservations in a variety of contexts, including through Marriott’s website (marriott.com), by telephone through Marriott-operated call centers, through third-party websites such as Expedia.com and Booking.com, and using points earned through Marriott’s customer loyalty program, Bonvoy.
Based on its investigation, the U.S. Attorney’s Office found that guests faced barriers in making reservations for accessible rooms, both online and through the phone, and that Marriott did not always make all of its accessible rooms available to guests to reserve. Specifically, the U.S. Attorney’s Office alleged that Marriott’s reservations practices had the following major deficiencies that violated the ADA:
- Many Marriott-branded hotels did not have any accessible rooms listed on Marriott’s centralized electronic reservations system.
- Many Marriott-branded hotels did not have the minimum number of accessible rooms required by the ADA Standards listed on Marriott’s centralized electronic reservations system.
- Information about accessible rooms was not readily available on Marriott’s website, which made it more difficult for a guest to independently assess whether a hotel could meet guests’ accessibility needs.
- Before October 2022, guests could not use third-party websites such as Expedia.com or Booking.com to guarantee reservations for accessible rooms at Marriott-branded hotels.
Marriott denies the allegations and denies that it violated the ADA. The agreement reached with the U.S. Attorney’s Office is not an admission of liability by Marriott.
Changes to Marriott’s Reservations Systems in the Settlement Agreement
To resolve the U.S. Attorney’s Office’s investigation, Marriott agreed to make a number of changes to its reservations policies and practices as part of a comprehensive settlement agreement, including taking the following actions:
- Marriott will require that all Marriott-branded hotels accurately list their accessible-room inventory on Marriott’s centralized electronic reservations system.
- Marriott will list the inventory of accessible rooms for each Marriott-branded hotel in a single location on the hotel’s website.
- Marriott will require that accessible-room inventories at Marriott-branded hotels are made available to the major third-party hotel reservations websites.
- Marriott will make additional accessible rooms available for reservation using Marriott’s Bonvoy rewards-points system.
- Marriott will train its call-center employees on the procedure for handling requests for accessible-room reservations.
- Marriott will track complaints from guests about issues relating to reserving accessible rooms.
- Marriott will require Marriott-branded hotels to report whether they are in compliance with the minimum number of accessible rooms required by the ADA Standards.
This agreement with Marriott covers room reservations made at hotels located in the United States under the following hotel brands: AC Hotels by Marriott, Aloft Hotels, Autograph Collection Hotels, Courtyard, Delta Hotels, Edition, Element Hotels, Fairfield Inn & Suites, Four Points, Gaylord Hotels, JW Marriott, Le Méridien, The Luxury Collection, Marriott Hotels, Moxy Hotels, Renaissance Hotels, Residence Inn, The Ritz-Carlton, Sheraton, SpringHill Suites, St. Regis, TownePlace Suites, Tribute Portfolio, W Hotels, and Westin.
Additional information about the civil rights enforcement program for the U.S. Attorney’s Office for the District of Colorado can be found at https://www.justice.gov/usao-co/civil-rights-enforcement. To report a possible civil rights violation to the DOJ outside of Colorado, please visit https://www.civilrights.justice.gov/.
This case was handled by Assistant U.S. Attorney Zeyen Wu.
Settlement Agreement
Former Senior Executive and Former Sales Manager Convicted of Selling Data on Millions of U.S. Consumers to Perpetrators of Mail Fraud SchemesRead the Press Release
DENVER – The Justice Department announced today that a jury found a former senior executive and a former sales manager of Epsilon Data Management LLC (Epsilon) guilty of federal criminal charges related to the targeting of millions of U.S. consumers for mass-mailing fraud schemes.
Robert Reger, 57, of Boulder, Colorado, and David Lytle, 64, of Leawood, Kansas, were found guilty today of conspiracy to commit mail and wire fraud and numerous counts of substantive mail and wire fraud.
According to evidence presented at the two-week trial, the defendants were key participants in a scheme that knowingly sold targeted lists of consumers and their addresses to perpetrators of fraud schemes involving the sending of false and deceptive mail to consumers over the course of 10years. The defendants committed the crimes while working at data broker Epsilon which used transactional data collected from marketing clients to predict new “responsive buyers” using computer algorithms and a database of 100 million U.S. households. The jury found the defendants knew that their scheme was providing data to fraudster clients. Evidence at trial showed that the defendants used Epsilon’s algorithms to predict new lists of consumers most likely to respond to the frauds and that the defendants’ business unit worked with dozens of clients with scam letters promising large prizes or falsely personalized astrological mailings promising wealth.
As part of the scheme, the conspirators sold the names and address of millions of U.S. consumers to perpetrators of schemes engaged in fraud, knowing that their fraudster clients were targeting elderly and vulnerable people. Evidence at trial showed that the defendants sold nearly 100 lists to just one fraudster client, and that the defendants had many other fraudster clients with scam letters. At trial, elderly victims and their adult children testified about the scam letters victims received falsely promising cash prizes. Evidence showed that each of these victims were targeted for fraud by members of the conspiracy. A number of current and former Epsilon employees also testified, along with three witnesses who previously pleaded guilty to conspiracy to commit mail fraud: a list broker and two Epsilon clients who operated mail fraud schemes.
“This case serves as a warning that the Justice Department Consumer Branch and its law enforcement partners will hold corporate executives accountable for fraudulent use of consumer data,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will investigate and prosecute individuals who use sophisticated technology to defraud consumers.”
“Defrauding elderly and vulnerable consumers will not be tolerated in the State of Colorado,” said U.S. Attorney Cole Finegan for the District of Colorado. “This case is an example of the responsibility both executives and companies hold when it comes to gathering and selling personal data, and I hope other companies take note of the serious outcomes of this case.”
“The U.S. Postal Inspection Service (USPIS) sees the conviction of these individuals as a significant victory in our ongoing efforts to protect older adults from fraud and exploitation,” said Inspector in Charge Eric Shen of USPIS’ Criminal Investigations Group. “These criminals preyed on some of the most vulnerable members of our community, and today's verdict sends a clear message that such predatory behavior will not be tolerated. We will continue to work tirelessly to ensure justice is served and to prevent these crimes from happening in the future.”
Evidence at trial showed that Robert Reger worked at Epsilon from 2005 to 2017, where he led sales teams after building and leading the sales unit engaged in fraud, the Direct to Consumer Unit. When Reger left Epsilon, he was senior vice president overseeing the Direct to Consumer Unit. In convicting Reger, the jury found he intentionally joined in the conspiracy and had specific intent to defraud victims of the schemes.
David Lytle worked at Epsilon from 2012 to 2018 as a business development manager recruiting clients for the Direct to Consumer Unit and was responsible for signing up many of the clients engaged in fraud.
The jury found that Reger and Lytle were guilty of conspiracy to commit mail or wire fraud based on evidence that members of the conspiracy knew they were routinely selling consumer data to fraudsters.
The jury found both Reger and Lytle guilty of seven counts of mail fraud. Evidence at trial showed that the conspirators sold lists of consumers to fraudsters, which caused victims to send checks in response to letters promising large cash prizes. The jury found also Reger guilty of six counts of wire fraud and Lytle guilty of 12 counts of wire fraud in connection with electronic shipments of names and addresses and other emails that carried out the objectives of the scheme to defraud.
A sentencing hearing is scheduled on Sept. 30. Reger and Lytle both face a maximum penalty of 20 years in prison for each count.
In 2018, former Epsilon Vice President Steven Fritz Kessler pleaded guilty to conspiracy to commit mail fraud for his participation in the fraudulent scheme.
The defendants’ former employer, Epsilon resolved its criminal liability via a deferred prosecution agreement in 2021, paying $150 million in penalties and victim compensation. That victim compensation effort has returned $122 million to more than 200,000 victims of fraud schemes for which Epsilon provided data.
USPIS’ Transnational Elder Fraud Strike Force investigated this matter.
Senior Trial Attorney Alistair Reader and Assistant Director Rachael Doud of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Rebecca Weber for the District of Colorado prosecuted the case. Senior Trial Attorney Ehren Reynolds and former Assistant U.S. Attorney Hetal Doshi for the District of Colorado also assisted in the case, along with outstanding support staff from the Civil Division’s Consumer Protection Branch and the U.S. Attorney’s Office for the District of Colorado.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the Federal Trade Commission at www.reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.
법무부, 콜로라도 주 체리크릭 학군 내 가족을 위한 언어 장벽 해결을 위한 합의서 확보Read the Press Release
미국 법무부는 오늘 콜로라도 주에서 가장 큰 학군 중 하나인 체리크릭 교육구(CCSD)와 영어가 미숙한 학부모들을 위한 언어 접근 서비스를 크게 개선하기 위한 합의에 도달했다고 발표했습니다. 이 합의는 학군이 이러한 학부모와 이해할 수 있는 언어로 소통하지 않아 자녀 교육에 관한 중요한 정보를 제공하지 않았다는 불만을 해결합니다.
미국 법무부 민권 부서의 크리스틴 클라크 법무부 차관보는 "어떤 학부모도 자녀의 교육에 대해 어둠 속에 방치되어서는 안 됩니다." 라고 말합니다. "영어가 미숙한 학부모를 포함하여 학교와 학부모 간의 개방적이고 효과적인 의사소통은 학생들의 교육 기회에 대한 평등한 접근을 보호하는 데 필수적입니다. 미국 법무부는 학부모가 자녀 교육에 온전히 참여하지 못하게 하는 언어 장벽을 극복할 수 있도록 학군을 계속 지원할 것입니다."
콜로라도 지구 콜 피네건 연방검사는 "영어가 미숙한 학부모들은 공립학교가 어떻게 운영되는지 이해하는 데 어려움을 겪습니다." 라고 말했습니다. "이 합의는 체리크릭 학군이 학군내의 모든 학부모들이 자녀 교육에 의미 있게 참여할 수 있는 정책과 관행을 시행하도록 하기 위한 것입니다. 우리는 콜로라도 주의 모든 학군들이 영어가 미숙한 학부모들에게 언어 지원 서비스를 제공해야 하는 의무를 준수하고 있는지 확인하기 위해 관행을 검토할 것을 촉구합니다."
CCSD(체리크릭 학군)은 부모들이 150개 이상의 언어를 사용하는 약 53,000명의 학생들에게 서비스를 제공합니다. 콜로라도 지구 연방 검찰청은 학군이 적절하고 효과적인 언어 지원 서비스를 제공하지 않아 영어가 미숙한 학부모들이 중요한 학교 프로그램과 활동에 의미 있게 참여할 수 없었다는 여러 건의 불만을 접수했습니다. 예를 들어, 불만 사항에는 학군이 영어가 미숙한 학무모들이 자녀를 학군의 학교에 등록할 때 통역 및 번역 서비스를 제공하지 않았고 퇴학 청문회 및 기타 징계 절차 중에 그러한 서비스를 제공하지 않았다는 주장이 담겨 있습니다.
연방 검찰청은 법무부 민권 부서와 협력하여 1974년 교육 기회 균등법에 따라 불만 사항을 조사했습니다.
교육부의 조사를 해결하기 위해 학군은 다음과 같은 중요한 영역에서 의사소통을 개선하기로 합의했습니다:
- 등록: 교육구는 영어가 미숙한 자녀를 학군 내 학교에 등록시키려는 학부모들을 파악하여 선호하는 의사소통 언어를 문서화하고 등록 절차를 이해하는 데 도움이 되는 언어 지원 서비스를 제공할 것입니다.
- 학생 징계 절차: 학군은 정학 및 퇴학과 관련된 서신을 영어가 미숙한 학부모가 선호하는 언어로 번역하고 정학 또는 퇴학으로 이어질 수 있는 징계 절차 중에 언어 지원 서비스를 제공합니다.
- 영어가 미숙한 학부모와의 소통: 교육구에서는 영어가 미숙한 학부모의 의사소통 요구를 더 잘 이해하기 위해 12개 이상의 언어로 설문조사를 실시하고의견을 청취할 예정입니다.
1974년 제정된 교육 기회 균등법의 시행은 민권 부서의 최우선 과제입니다. 민권 부서에 대한 자세한 정보는 웹사이트 www.justice.gov/crt 에서 확인할 수 있으며, 교육 기회 부서의 업무에 대한 자세한 정보는 웹사이트 www.justice.gov/crt/educational-opportunities-section 에서 확인할 수 있습니다.
민권 부서에 민권 침해 가능성을 신고하려면 www.civilrights.justice.gov/ 을 방문하세요. 미국 법무부의 민권 집행 프로그램에 대한 추가 정보는 https://www.justice.gov/usao-co/civil-rights-enforcement 에서 확인할 수 있습니다.
司法部达成协议，解决科罗拉多州樱桃溪学区家庭的语言障碍问题Read the Press Release
美国司法部今天宣布与科罗拉多州最大的学区之一樱桃溪学区（Cherry Creek School District，CCSD）达成和解协议，大幅改善为英语水平有限的家长提供的语言使用服务。该协议解决了关于学区未能用这些家长能听懂的语言与他们沟通，从而剥夺了他们获得子女教育重要信息的权利的指控。
司法部民权司助理司法部长克里斯汀·克拉克（Kristen Clarke）说：“任何家长都不应该被蒙在鼓里，不了解自己孩子的教育情况。学校与家长（包括英语水平有限的家长）之间开放而有效的沟通对于保障学生平等获得教育机会至关重要。”司法部将继续确保学区采取措施，帮助家长克服妨碍他们充分参与子女教育的语言障碍。”
科罗拉多州地区联邦检察官科尔·费根（Cole Finegan）说：“英语水平有限的家长在了解公立学校如何运作方面面临障碍。本协议旨在确保樱桃溪学区实施相关政策和措施，使学区的所有家长都能有意义地参与子女的教育。我们敦促科罗拉多州的所有学区审查其做法，以确保他们履行为英语能力有限的家长提供语言援助服务的义务。”
樱桃溪学区为大约 5.3 万名学生提供服务，这些学生的父母讲 150 多种语言。科罗拉多州地区联邦检察官办公室收到多起投诉，称英语水平有限的家长无法有意义地参与学校的重要项目和活动，因为校区没有为他们提供适当有效的语言援助服务。例如，投诉称学区没有为英语水平有限的家长在子女入学时提供口译和笔译服务，也没有在开除听证会和其他纪律处分程序中提供此类服务。
美国联邦检察官办公室与司法部民权司协调，根据 1974 年《平等教育机会法》对投诉进行了调查。
为解决该部门的调查问题，该学区已同意改进其在关键领域的沟通，包括:
- 入学：学区将识别英语水平有限且希望子女就读学区学校的家长，记录他们首选的交流语言，并为他们提供语言协助服务，帮助他们了解入学程序。
- 学生纪律处分程序：学区将把涉及停学和开除的信件翻译成英语水平有限的家长喜欢的语言，并在可能导致停学或开除的纪律处分程序中提供语言协助服务。
- 与英语水平有限的家长接触：学区将用十多种语言开展调查并举行倾听会，以更好地了解英语水平有限的家长的沟通需求。
执行 1974 年《平等教育机会法》是民权处的首要任务。有关民权处的更多信息，请访问其网站 www.justice.gov/crt ，有关教育机会科工作的更多信息，请访问 www.justice.gov/crt/educational-opportunities-section。
要向民权处报告可能存在的侵犯民权行为，请访问 www.civilrights.justice.gov/。有关美国联邦检察官办公室民权执法计划的更多信息，请访问www.justice.gov/usao-co/civil-rights-enforcement。
የፍትህ መምሪያ በቼሪ ክሪክ፣ ኮሎራዶ፣ የትምህርት ወረዳ ውስጥ ላሉ ቤተሰቦች የቋንቋ እንቅፋቶችን ለመፍታት ስምምነትን አረጋግጧልRead the Press Release
የፍትህ መምሪያ በኮሎራዶ ውስጥ ካሉት ትልቁ የት/ቤት ዲስትሪክቶች አንዱ ከሆነው ከቼሪ ክሪክ ትምህርት ቤት ወረዳ (CCSD) ጋር የመቋቋሚያ ስምምነት ማግኘቱን ዛሬ አስታውቋል፣ ይህም ውስን የእንግሊዝኛ ችሎታ ላላቸው ወላጆች የቋንቋ ተደራሽነት አገልግሎትን በእጅጉ ለማሻሻል ነው። ስምምነቱ ዲስትሪክቱ ከእነዚህ ወላጆች ጋር ሊረዱት በሚችሉት ቋንቋ ግንኙነት ማድረግ አለመቻሉን፤ በዚህም የልጆቻቸውን ትምህርት ጠቃሚ መረጃ እንዳያገኙ አድርጓል የሚለውን ክስ የሚፈታ ነው።
የፍትህ መምሪያ የሲቪል መብቶች ክፍል ረዳት ዋና አቃቤ ህግ ክሪስቲን ክላርክ “ማንኛውም ወላጅ በልጃቸው ትምህርት እንዳያውቁ ተደርገው መተው የለበትም” ብለዋል። "በትምህርት ቤቶች እና በወላጆች መካከል ግልጽ እና ውጤታማ ግንኙነት፣ ውስን የእንግሊዝኛ ችሎታ ያላቸው ወላጆችን ጨምሮ፣ ይህም ለተማሪዎች የእኩል የትምህርት እድሎች ተጠቃሚነት አስፈላጊ ነው። የፍትህ መምሪያ ወላጆች በልጆቻቸው ትምህርት ሙሉ በሙሉ እንዳይሳተፉ የሚከለክሏቸውን የቋንቋ እንቅፋቶችን ለመፍታት የትምህርት ወረዳዎች እርምጃዎችን እንዲወስዱ ማረጋገጡን ይቀጥላል።’’
የዩ.ኤስ የኮሎራዶ ወረዳ ጠበቃ ኮሌ ፊንጋን “ውስን የእንግሊዝኛ ችሎታ ያላቸው ወላጆች የሕዝብ ትምህርት ቤቶች እንዴት እንደሚሠሩ ለመረዳት እንቅፋት ይገጥማቸዋል” ብለዋል። “ይህ ስምምነት በወረዳው ውስጥ ያሉ ሁሉም ወላጆች በልጆቻቸው ትምህርት በተገቢው መልኩ እንዲሳተፉ ለማድረግ የቼሪ ክሪክ ትምህርት ቤት ወረዳ ፖሊሲዎችን እና ልምዶችን መተግበሩን ለማረጋገጥ ያለመ ነው። በኮሎራዶ የሚገኙ ሁሉም የትምህርት ቤት ወረዳዎች የተገደበ የእንግሊዝኛ ችሎታ ላላቸው ወላጆች የቋንቋ እርዳታ አገልግሎቶችን የመስጠት ግዴታቸውን መወጣታቸውን ለማረጋገጥ ተግባሮቻቸውን እንዲገመግሙ እናሳስባለን።”
CCSD ወላጆቻቸው ከ150 በላይ ቋንቋዎች የሚናገሩ ወደ 53,000 ለሚሆኑ ተማሪዎች አገልግሎት ይሰጣል። የኮሎራዶ ወረዳ የዩ.ኤስ አቃቤ ህግ ቢሮ ብዙ ቅሬታዎችን የተቀበለ ሲሆን ይህም የእንግሊዝኛ ቋንቋ ችሎታቸው ውስን የሆኑ ወላጆች በአስፈላጊ የትምህርት ቤት ፕሮግራሞች እና እንቅስቃሴዎች ላይ ትርጉም ባለው መልኩ መሳተፍ አልቻሉም ምክንያቱም ወረዳው ተገቢ እና ውጤታማ የቋንቋ እርዳታ አገልግሎቶችን አልሰጠም። ቅሬታዎቹ፣ ለምሳሌ፣ ወረዳው የእንግሊዝኛ ቋንቋ ችሎታቸው ውስን ለሆኑ ወላጆች ልጆቻቸውን በወረዳው ትምህርት ቤቶች ሲያስመዘግቡ የአስተርጓሚ እና የትርጉም አገልግሎት እንደማይሰጡ እና በማባረር ችሎቶች እና በሌሎች የዲሲፕሊን ሂደቶች ላይ እንደዚህ ያሉ አገልግሎቶችን አልሰጡም የሚል ነው።
የዩ.ኤስ አቃቤ ህግ ቢሮ ከፍትህ መምሪያ የሲቪል መብቶች ክፍል ጋር በመተባበር በ1974 እኩል የትምህርት እድል ህግ ስር ያሉትን ቅሬታዎች መርምሯል።
የመምሪያውን ምርመራ ለመፍታት ወሳኝ በሆኑ ጉዳዮች ላይ ያለውን ግንኙነት ለማሻሻል ተስማምቷል ከነዚህም ውስጥ፡-
- ምዝገባ፡ ወረዳው የተገደበ የእንግሊዘኛ ችሎታ ያላቸውን እና ልጆቻቸውን በወረዳ ትምህርት ቤቶች ለማስመዝገብ የሚፈልጉ ወላጆችን ይለያል፣ የመረጡትን የመገናኛ ቋንቋ ይመዘግባል፣ እና የምዝገባ ሂደቱን እንዲረዱ የቋንቋ እገዛ አገልግሎቶችን ያቀርብላቸዋል።
- የተማሪ የዲሲፕሊን ሂደቶች፡ ወረዳው መታገድ እና መባረርን የሚያካትቱ ደብዳቤዎችን የተገደበ የእንግሊዘኛ ቋንቋ ችሎታ ላላቸው ወላጆች ወደ መረጡት ቋንቋዎች ይተረጉማል እና በዲሲፕሊን ሂደቶች ጊዜ ወደ መታገድ ወይም መባረር ሊያመራ የሚችል ጉዳይ ላይ የቋንቋ እገዛ አገልግሎት ይሰጣል።
- ውስን የእንግሊዝኛ ችሎታ ካላቸው ወላጆች ጋር መስተጋብር ማድረግ፡ ወረዳው ውስን የእንግሊዝኛ ችሎታ ያላቸው ወላጆችን የግንኙነት ፍላጎቶች የበለጠ ለመረዳት የዳሰሳ ጥናቶችን ያካሂዳል እና ከደርዘን በላይ በሆኑ ቋንቋዎች የማዳመጥ ክፍለ ጊዜዎችን ያካሂዳል።
የ1974 እኩል የትምህርት እድሎች ህግ አፈፃፀም የሲቪል መብቶች ክፍል ከፍተኛ ቅድሚያ የሚሰጠው ጉዳይ ነው። ስለ ሲቪል መብቶች ክፍል ተጨማሪ መረጃ በድረ-ገፁ በ www.justice.gov/crt ላይ ይገኛል፣ እና ስለ ትምህርታዊ እድሎች ክፍል ስራ ተጨማሪ መረጃ በ www.justice.gov/crt/educational-opportunities-section ላይ ይገኛል።
የዜጎችን የመብት ጥሰት ለሲቪል መብቶች ክፍል ሪፖርት ለማድረግ፣ እባክዎ www.civilrights.justice.gov/ ን ይጎብኙ። ስለ የዩ.ኤስ አቃቤ ህግ ቢሮ የሲቪል መብቶች ማስፈጸሚያ ፕሮግራም ተጨማሪ መረጃ በ www.justice.gov/usao-co/civil-rights-enforcement ላይ ማግኘት ይቻላል።
وزارة العدل تتوصل لاتفاقية لمعالجة العوائق اللغوية للعائلات في منطقة تشيري كريك التعليمية في كولورادوRead the Press Release
أعلنت وزارة العدل اليوم أنها توصلت إلى اتفاقية تسوية مع منطقة تشيري كريك التعليمية، وهي إحدى أكبر المناطق التعليمية في كولورادو، لتحسين الخدمات اللغوية بشكل كبير لأولياء الأمور من ذوي الكفاءة المحدودة في اللغة الإنجليزية، تقدم الاتفاقية حلًا للادعاءات القائلة بأن المنطقة أخفقت في التواصل مع أولياء الأمور هؤلاء بلغة يمكنهم فهمها، مما يمنع حقهم في معرفة معلومات مهمة حول تعليم أطفالهم.
صرحت مساعد المدعي العام كريستين كلارك من قسم الحقوق المدنية بوزارة العدل: "لا ينبغي أن يبقى أي ولي أمر جاهلًا بتفاصيل تعليم أبنائه، فالتواصل المفتوح والفعال بين المدارس وأولياء الأمور، بما في ذلك أولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية، يعد أمرًا ضروريًا لضمان حصول الطلاب على فرص تعليمية متساوية، وستواصل وزارة العدل التأكد من اتخاذ المناطق التعليمية خطوات عملية لمساعدة أولياء الأمور في التغلب على الحواجز اللغوية التي تمنعهم من المشاركة الكاملة في تعليم أبنائهم.
صرّح المدعي العام لمقاطعة كولورادو كول فينيجان: "يواجه أولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية تحديات في فهم الكيفية التي تعمل بها المدارس العامة، حيث تهدف هذه الاتفاقية إلى ضمان قيام منطقة تشيري كريك التعليمية بتنفيذ سياسات وممارسات تمكّن جميع أولياء الأمور في المنطقة من المشاركة بشكل هادف في تعليم أبنائهم. ونحن نحث جميع المناطق التعليمية في كولورادو على مراجعة ممارساتها للتأكد من امتثالها للالتزام بتقديم خدمات المساعدة اللغوية لأولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية."
تخدم منطقة تشيري كريك التعليمية حوالي 53 ألف طالب يتحدث أولياء أمورهم أكثر من 150 لغة، وقد تلقى مكتب المدعي العام الأمريكي عن مقاطعة كولورادو شكاوى متعددة تزعم أن أولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية لا يمكنهم المشاركة بشكل هادف في البرامج والأنشطة المدرسية المهمة لأن المنطقة لم توفر لهم خدمات المساعدة اللغوية المناسبة والفعالة؛ فقد زعمت الشكاوى، على سبيل المثال، أن المنطقة لم توفر مترجمين فوريين أو خدمات الترجمة لأولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية عندما قيامهم بتسجيل أبنائهم في مدارس المنطقة ولم تقدم مثل هذه الخدمات أثناء جلسات الطرد والإجراءات التأديبية الأخرى.
قام مكتب المدعي العام الأمريكي، بالتنسيق مع قسم الحقوق المدنية بوزارة العدل، بالتحقيق في الشكاوى بموجب قانون تكافؤ الفرص التعليمية لعام 1974.
لإنهاء التحقيق الذي تجريه وزارة العدل، وافقت المنطقة التعليمية على تحسين اتصالاتها في المجالات الهامة، بما في ذلك:
- التسجيل: ستحدد المنطقة التعليمية أولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية والذين يسعون إلى تسجيل أطفالهم في مدارس المنطقة، وتوثّق لغة التواصل المفضلة لهم، وتزوّدهم بخدمات المساعدة اللغوية لمساعدتهم على فهم عملية التسجيل.
- الإجراءات التأديبية للطلاب: ستقوم المنطقة بترجمة الرسائل التي تتضمن التعليق والطرد إلى اللغة المفضلة لأولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية وتوفير خدمات المساعدة اللغوية أثناء الإجراءات التأديبية التي قد تؤدي إلى الإيقاف أو الفصل.
- التعامل مع أولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية: ستقوم المنطقة بعمل استطلاعات رأي وعقد جلسات استماع بأكثر من اثنتي عشرة لغة لفهم احتياجات التواصل لأولياء الأمور ذوي الكفاءة المحدودة في اللغة الإنجليزية بشكل أفضل.
يعد تطبيق قانون تكافؤ الفرص التعليمية لعام 1974 أولوية قصوى لقسم الحقوق المدنية. تتوفر معلومات إضافية حول قسم الحقوق المدنية على موقعه على الإنترنت على العنوان التالي: www.justice.gov/crt، ومعلومات إضافية حول عمل قسم الفرص التعليمية متاحة على www.justice.gov/crt/educational-opportunities-section.
للإبلاغ عن انتهاك محتمل للحقوق المدنية، يرجى زيارة الموقع www.civilrights.justice.gov/. يمكن العثور على معلومات إضافية حول برنامج إنفاذ الحقوق المدنية التابع لمكتب المدعي العام الأمريكي على الموقع www.justice.gov/usao-co/civil-rights-enforcement.
Министерство юстиции заключило соглашение об устранении языковых барьеров для семей в школьном округе Черри-Крик, штат КолорадоRead the Press Release
Сегодня Министерство юстиции объявило о заключении мирового соглашения со школьным округом Черри-Крик (CCSD), одним из крупнейших школьных округов штата Колорадо, с целью заметного улучшения услуг языковой поддержки для родителей с ограниченным знанием английского языка. Соглашение разрешает вопрос обвинений в том, что округ не мог общаться с отдельными родителями на понятном им языке, не донося им важную информацию об образовательном процессе их детей.
«Ни один родитель не должен испытывать трудности в понимании процесса получения своим ребенком образования», — отмечает помощница генерального прокурора в Отделе по гражданским правам Министерства юстиции Кристен Кларк. «Открытая и результативная коммуникация между школами и родителями — включая родителей с ограниченным знанием английского языка — крайне важна для обеспечения учащимся равного доступа к образовательным возможностям. Министерство юстиции продолжит следить за принятием соответствующих мер для того, чтобы школьные округа эффективно помогали родителям преодолеть языковые барьеры, мешающие им полноценно участвовать в образовательном процессе своих детей».
«Родители с ограниченным знанием английского языка сталкиваются с серьезными преградами в понимании принципов работы государственных школ», — добавляет прокурор округа Колорадо Коул Финеган. «Это соглашение гарантирует, что школьный округ Черри-Крик реализует политику и практику, позволяющую всем родителям в округе принимать значительное участие в образовании своих детей. Мы призываем все школьные округа Колорадо пересмотреть свои методы работы, чтобы достичь соблюдения своих обязательств по предоставлению языковой поддержки родителям с ограниченным знанием английского языка».
В CCSD учится около 53 000 детей и подростков, чьи родители говорят более чем на 150 языках. Прокуратура США по округу Колорадо получила несколько жалоб, где утверждалось, что родители с ограниченным знанием английского языка не могут полноценно участвовать в важных школьных программах и мероприятиях, поскольку округ не предоставил им соответствующих эффективных услуг языковой поддержки. Так, в жалобах утверждалось, что округ не предоставлял услуг устной и письменной помощи родителям с ограниченным знанием английского языка, когда они оформляли своих детей в школы округа, а также не предоставлял таких услуг во время посвященных исключению собраний и других дисциплинарных разбирательств.
Прокуратура США в сотрудничестве с Отделом по гражданским правам Министерства юстиции расследовала жалобы в соответствии с Законом о равных возможностях получения образования 1974 года.
Для разрешения вопросов, поднятых во время расследования департамента, округ планирует улучшить процесс коммуникации в особо важных направлениях, в том числе, в следующих.
- Оформление Округ будет выявлять родителей с ограниченным знанием английского языка, которые хотят оформить своих детей в школы округа, отмечать в документации предпочитаемый ими язык общения и предоставлять им услуги языковой помощи, чтобы они могли понять процесс зачисления.
- Дисциплинарные разбирательства в отношении учащихся Округ обязуется переводить письма, связанные с отстранением от занятий и исключением, на язык, предпочитаемый родителями с ограниченным знанием английского языка, а также предоставлять услуги языковой поддержки во время дисциплинарных разбирательств, которые могут привести к отстранению или исключению.
- Взаимодействие с родителями с ограниченным знанием английского языка Чтобы лучше понять коммуникационные потребности родителей с ограниченным знанием английского языка, округ обязуется проводить опросы и собрания на более чем 12 языках.
Обеспечение соблюдения Закона о равных возможностях получения образования 1974 года является основным приоритетом Отдела по гражданским правам. Дополнительная информация об Отделе по гражданским правам содержится на веб-сайте по адресу www.justice.gov/crt, а больше информации о работе Отдела образовательных возможностей изложено по адресу www.justice.gov/crt/educational-opportunities-section.
Вы можете сообщить о случаях нарушении гражданских прав в Отдел по гражданским правам, посетив веб-сайтwww.civilrights.justice.gov/. Дополнительная информация о программе Прокуратуры США по обеспечению соблюдения гражданских прав изложена на веб-сайте по адресу www.justice.gov/usao-co/civil-rights-enforcement.
Justice Department Secures Agreement to Address Language Barriers for Families in the Cherry Creek, Colorado, School DistrictRead the Press Release
The Justice Department announced today that it secured a settlement agreement with the Cherry Creek School District (CCSD), one of the largest school districts in Colorado, to significantly improve language access services for parents with limited English proficiency. The agreement resolves allegations that the district failed to communicate with these parents in a language they could understand, denying them important information about their children’s education.
“No parent should be left in the dark about their child’s education,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Open and effective communication between schools and parents, including parents with limited English proficiency, is essential to safeguarding students’ equal access to educational opportunities. The Justice Department will continue to ensure school districts take steps to help parents overcome language barriers that prevent them from participating fully in their children’s education.”
“Parents with limited English proficiency face barriers to understanding how public schools work,” said U.S. Attorney Cole Finegan for the District of Colorado. “This agreement is intended to ensure that the Cherry Creek School District implements policies and practices to enable all parents in the district to participate meaningfully in their children’s education. We urge all school districts in Colorado to review their practices to ensure that they are complying with their obligations to provide language assistance services to parents with limited English proficiency.”
The CCSD serves about 53,000 students whose parents speak more than 150 languages. The U.S. Attorney’s Office for the District of Colorado received multiple complaints alleging that parents with limited English proficiency could not meaningfully participate in important school programs and activities because the district did not provide them with appropriate and effective language assistance services. The complaints alleged, for example, that the district did not provide interpreters and translation services to parents with limited English proficiency when they enrolled their children in the district’s schools and did not provide such services during expulsion hearings and other disciplinary proceedings.
The U.S. Attorney’s Office, in coordination with the Justice Department’s Civil Rights Division, investigated the complaints under the Equal Educational Opportunities Act of 1974.
To resolve the department’s investigation, the district has agreed to improve its communications in critical areas, including:
- Enrollment: The district will identify parents with limited English proficiency and who are seeking to enroll their children in district schools, document their preferred language of communication and provide them with language assistance services to help them understand the enrollment process.
- Student disciplinary proceedings: The district will translate letters that involve suspension and expulsion into the preferred language of parents with limited English proficiency and provide language assistance services during disciplinary proceedings that could lead to suspension or expulsion.
- Engagement with parents with limited English proficiency: The district will administer surveys and hold listening sessions in over a dozen languages to better understand the communications needs of parents with limited English proficiency.
The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
To report a possible civil rights violation to the Civil Rights Division, please visit www.civilrights.justice.gov/. Additional information about the U.S. Attorney’s Office’s civil rights enforcement program can be found at www.justice.gov/usao-co/civil-rights-enforcement.
Justice Department Secures Agreement to Address Language Barriers for Families in the Cherry Creek School DistrictRead the Press Release
WASHINGTON – The Justice Department announced today that it secured a settlement agreement with the Cherry Creek School District (CCSD), one of the largest school districts in Colorado, to significantly improve language access services for parents with limited English proficiency. The agreement resolves allegations that the district failed to communicate with these parents in a language they could understand, denying them important information about their children’s education.
“No parent should be left in the dark about their child’s education,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Open and effective communication between schools and parents, including parents with limited English proficiency, is essential to safeguarding students’ equal access to educational opportunities. The Justice Department will continue to ensure school districts take steps to help parents overcome language barriers that prevent them from participating fully in their children’s education.”
“Parents with limited English proficiency face barriers to understanding how public schools work,” said U.S. Attorney for the District of Colorado Cole Finegan. “This agreement is intended to ensure that the Cherry Creek School District implements policies and practices to enable all parents in the district to participate meaningfully in their children’s education. We urge all school districts in Colorado to review their practices to ensure that they are complying with their obligations to provide language assistance services to parents with limited English proficiency.”
The CCSD serves about 53,000 students whose parents speak more than 150 languages. The U.S. Attorney’s Office for the District of Colorado received multiple complaints alleging that parents with limited English proficiency could not meaningfully participate in important school programs and activities because the district did not provide them with appropriate and effective language assistance services. The complaints alleged, for example, that the district did not provide interpreters and translation services to parents with limited English proficiency when they enrolled their children in the district’s schools and did not provide such services during expulsion hearings and other disciplinary proceedings.
The U.S. Attorney’s Office, in coordination with the Justice Department’s Civil Rights Division, investigated the complaints under the Equal Educational Opportunities Act of 1974.
To resolve the department’s investigation, the district has agreed to improve its communications in critical areas, including:
- Enrollment: The district will identify parents with limited English proficiency and who are seeking to enroll their children in district schools, document their preferred language of communication, and provide them with language assistance services to help them understand the enrollment process.
- Student disciplinary proceedings: The district will translate letters that involve suspension and expulsion into the preferred language of parents with limited English proficiency and provide language assistance services during disciplinary proceedings that could lead to suspension or expulsion.
- Engagement with parents with limited English proficiency: The district will administer surveys and hold listening sessions in over a dozen languages to better understand the communications needs of parents with limited English proficiency.
The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
To report a possible civil rights violation to the Civil Rights Division, please visit www.civilrights.justice.gov/. Additional information about the U.S. Attorney’s Office’s civil rights enforcement program can be found at www.justice.gov/usao-co/civil-rights-enforcement.
Press Release Translations
Министерство юстиции заключило соглашение об устранении языковых барьеров для семей в школьном округе Черри-Крик, штат Колорадо
El Departamento de Justicia logra un acuerdo para abordar las barreras idiomáticas de las familias del distrito escolar de Cherry Creek, Colorado
وزارة العدل تتوصل لاتفاقية لمعالجة العوائق اللغوية للعائلات في منطقة تشيري كريك التعليمية في كولورادو
司法部达成协议，解决科罗拉多州樱桃溪学区家庭的语言障碍问题
Bộ Tư pháp đạt thỏa thuận giải quyết rào cản ngôn ngữ cho các gia đình học khu Cherry Creek, tiểu bang Colorado
법무부, 콜로라도 주 체리크릭 학군 내 가족을 위한 언어 장벽 해결을 위한 합의서 확보
የፍትህ መምሪያ በቼሪ ክሪክ፣ ኮሎራዶ፣ የትምህርት ወረዳ ውስጥ ላሉ ቤተሰቦች የቋንቋ እንቅፋቶችን ለመፍታት ስምምነትን አረጋግጧል
Read the agreement at the link below:
AgreementEl Departamento de Justicia logra un acuerdo para abordar las barreras idiomáticas de las familias del distrito escolar de Cherry Creek, ColoradoRead the Press Release
El Departamento de Justicia anunció en el día de hoy que ha logrado un acuerdo de conciliación con el Distrito Escolar de Cherry Creek (CCSD, por sus siglas en inglés), uno de los distritos más grandes de Colorado, para mejorar en forma significativa los servicios de acceso idiomático para los padres con un dominio limitado del inglés. El acuerdo sale al paso de las acusaciones en torno a que el distrito no se comunicaba con estos padres en un idioma que pudieran entender y, de ese modo, les impedía acceder a información importante sobre la educación de sus hijos.
“No se debe permitir que los padres desconozcan lo que sucede con la educación de sus hijos”, señaló Kristen Clarke, Fiscal General Adjunta de la División de Derechos Civiles del Departamento de Justicia. “La comunicación abierta y eficaz entre escuelas y padres, incluidos los padres con un dominio limitado del inglés, es fundamental para salvaguardar el acceso equitativo de los estudiantes a las oportunidades educativas. El Departamento de Justicia continuará garantizando que los distritos escolares tomen medidas para ayudar a los padres a superar las barreras idiomáticas que les impiden participar plenamente en la educación de sus hijos”.
“Los padres con un dominio limitado del inglés enfrentan obstáculos para entender cómo funcionan las escuelas públicas”, afirmó Cole Finegan, Fiscal de EE. UU. para el Distrito de Colorado. “Este acuerdo tiene por objeto garantizar que el Distrito Escolar de Cherry Creek implemente las políticas y las prácticas que les permitan a todos los padres del distrito participar de manera relevante en la educación de sus hijos. Instamos a todos los distritos escolares de Colorado a revisar sus prácticas para garantizar que cumplan con sus obligaciones de proporcionar servicios de asistencia con el idioma a los padres con un dominio limitado del inglés”.
El CCSD presta servicios a alrededor de 53,000 estudiantes, cuyos padres hablan más de 150 idiomas. La Oficina del Fiscal para el Distrito de Colorado recibió muchas quejas que afirmaban que los padres con un dominio limitado del inglés no podían participar de manera significativa en programas y actividades escolares importantes porque el distrito no les proporcionaba servicios de asistencia con el idioma apropiados y eficaces. Las quejas señalaban, por ejemplo, que el distrito no suministraba servicios de intérpretes y de traducción a los padres con un dominio limitado del inglés cuando inscribían a sus hijos en las escuelas del distrito, ni les ofrecían dichos servicios durante las audiencias de expulsión y otros procedimientos disciplinarios.
La Oficina del Fiscal de EE. UU., en coordinación con la División de Derechos Civiles del Departamento de Justicia, investigó las quejas en virtud de la Ley de Igualdad de Oportunidades Educativas (Equal Educational Opportunities Act) de 1974.
Para abordar la investigación del departamento, el distrito ha acordado mejorar sus comunicaciones en áreas fundamentales, entre las que se incluyen:
- Inscripción: El distrito identificará a aquellos padres que tengan un dominio limitado del inglés y que intenten inscribir a sus hijos en escuelas del distrito, documentará su idioma preferido de comunicación y les ofrecerá servicios de asistencia con el idioma para ayudarlos a entender el proceso de inscripción.
- Procedimientos disciplinarios de los estudiantes: El distrito traducirá las cartas que involucren la suspensión y expulsión al idioma preferido de los padres con un dominio limitado del inglés, y les proporcionará servicios de asistencia con el idioma durante los procedimientos disciplinarios que podrían llevar a la suspensión o expulsión.
- Interacción con los padres con un dominio limitado del inglés: El distrito realizará encuestas y organizará sesiones de conversación en más de una docena de idiomas para entender mejor las necesidades de comunicaciones de los padres con un dominio limitado del inglés.
La aplicación de la Ley de Igualdad de Oportunidades Educativas de 1974 es una de las principales prioridades de la División de Derechos Civiles. Puede acceder a información adicional sobre la División de Derechos Civiles en su sitio web en www.justice.gov/crt, y a información adicional sobre el trabajo de la Sección de Oportunidades Educativas en www.justice.gov/crt/educational-opportunities-section.
Para denunciar una posible violación de los derechos civiles ante la División de Derechos Civiles, visite www.civilrights.justice.gov/. Podrá encontrar información adicional sobre el programa de aplicación de derechos civiles de la Oficina del Fiscal de EE. UU. en www.justice.gov/usao-co/civil-rights-enforcement.
Bộ Tư pháp đạt thỏa thuận giải quyết rào cản ngôn ngữ cho các gia đình học khu Cherry Creek, tiểu bang ColoradoRead the Press Release
Hôm nay, Bộ Tư pháp thông báo đã đạt được một thỏa thuận dàn xếp với Học khu Cherry Creek (CCSD), một trong những học khu lớn nhất ở Colorado, để cải thiện đáng kể các dịch vụ tiếp cận ngôn ngữ cho phụ huynh có trình độ tiếng Anh hạn chế. Thỏa thuận nhằm giải quyết các cáo buộc rằng học khu đã không giao tiếp với các phụ huynh này bằng loại ngôn ngữ mà họ có thể hiểu được, dẫn đến việc họ không nhận được thông tin quan trọng về giáo dục con cái.
“Cha mẹ nào cũng cần được biết đầy đủ về việc giáo dục con cái họ,” Trợ lý Bộ trưởng Tư pháp Kristen Clarke phụ trách Vụ Dân quyền của Bộ Tư pháp cho biết. “Giao tiếp cởi mở và hiệu quả giữa nhà trường và phụ huynh, kể cả phụ huynh có trình độ tiếng Anh hạn chế, là điều cần thiết để học sinh nào cũng được tiếp cận cơ hội giáo dục một cách bình đẳng. Bộ Tư pháp sẽ tiếp tục hành động để đoan chắc rằng các học khu thực hiện các bước để giúp phụ huynh vượt qua rào cản ngôn ngữ đã ngăn họ tham gia đầy đủ vào việc giáo dục con cái.”
“Phụ huynh có trình độ tiếng Anh hạn chế đang đối mặt với những rào cản để hiểu rõ cách thức hoạt động của các trường công lập,” Ông Cole Finegan, Biện lý Liên bang khu vực Colorado cho biết. “Thỏa thuận này nhằm biết chắc Học khu Cherry Creek thực hiện các chính sách và cách làm việc để giúp tất cả phụ huynh trong học khu tham gia một cách có ý nghĩa vào việc giáo dục con cái. Chúng tôi kêu gọi tất cả các học khu ở Colorado xem xét lại các hoạt động để đảm bảo rằng họ tuân thủ nghĩa vụ cung cấp dịch vụ hỗ trợ ngôn ngữ cho phụ huynh có trình độ tiếng Anh hạn chế.”
CCSD phục vụ khoảng 53.000 học sinh có phụ huynh nói trên 150 thứ tiếng. Văn phòng Biện lý Liên bang khu vực Colorado đã nhận được nhiều khiếu nại cáo buộc rằng phụ huynh có trình độ tiếng Anh hạn chế không thể tham gia một cách có ý nghĩa vào các chương trình và hoạt động quan trọng của trường vì học khu không cung cấp cho họ các dịch vụ hỗ trợ ngôn ngữ phù hợp và hiệu quả. Ví dụ, có khiếu nại cáo buộc rằng học khu đã không có thông dịch viên và dịch vụ dịch thuật cho phụ huynh có trình độ tiếng Anh hạn chế khi họ ghi danh cho con cái họ vào các trường của học khu và cũng không có các dịch vụ đó trong các buổi điều trần về đuổi học và các thủ tục áp dụng biện pháp kỷ luật khác.
Văn phòng Biện lý Liên bang, phối hợp với Vụ Dân quyền của Bộ Tư pháp, đã điều tra các khiếu nại dựa theo Đạo luật Cơ hội Giáo dục Bình đẳng ban hành năm 1974.
Nhằm giải quyết cuộc điều tra của bộ, học khu đã đồng ý cải thiện thông tin liên lạc trong các lĩnh vực quan trọng, bao gồm:
- Ghi danh: Học khu sẽ xác định phụ huynh nào có trình độ tiếng Anh hạn chế đang ghi danh cho con cái họ vào các trường trong học khu, ghi nhận ngôn ngữ giao tiếp mà họ ưa thích để cung cấp cho họ các dịch vụ hỗ trợ ngôn ngữ, giúp họ hiểu thủ tục ghi danh.
- Thủ tục áp dụng biện pháp kỷ luật với học sinh: Học khu sẽ dịch các thư liên quan đến việc ngưng học và đuổi học sang ngôn ngữ ưa thích của phụ huynh có trình độ tiếng Anh hạn chế và cung cấp các dịch vụ hỗ trợ ngôn ngữ trong quá trình kỷ luật có thể dẫn đến ngưng học hoặc đuổi học.
- Giao tiếp với phụ huynh có trình độ tiếng Anh hạn chế: Học khu sẽ thực hiện các cuộc khảo sát và tổ chức các buổi lắng nghe dư luận bằng hơn một chục ngôn ngữ để nắm vững hơn nhu cầu giao tiếp của phụ huynh có trình độ tiếng Anh hạn chế.
Việc thực thi Đạo luật Cơ hội Giáo dục Bình đẳng ban hành năm 1974 là ưu tiên hàng đầu của Vụ Dân quyền. Thông tin thêm về Vụ Dân quyền có để trên trang web của vụ tại địa chỉ www.justice.gov/crt và thông tin thêm về công việc của Phòng Cơ hội Giáo dục có để tại www.justice.gov/crt/educational-opportunities-section.
Muốn báo cáo cho Vụ Dân quyền về một hành vi có thể vi phạm dân quyền, vui lòng ghé www.civilrights.justice.gov/. Thông tin thêm về chương trình thực thi dân quyền của Văn phòng Biện lý Liên bang có thể xem tại www.justice.gov/usao-co/civil-rights-enforcement.
Former Denver Hotel Owner Indicted for COVID-19 FraudRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Amin Suliaman, 47, of Miami, Florida, was indicted by a federal grand jury in Colorado on four counts of wire fraud.
According to the indictment, from August 2020 until around May 2022, Suliaman requested COVID-19 Economic Injury Disaster Loans (EIDL) from the Small Business Administration (SBA) and obtained $450,000 as a result of false representations. As part of the scheme, Suliaman sought loan funding for companies that were inoperable at the time of application and for a company that Suliaman had told a bankruptcy court was closed. Suliaman owned or co-owned several Colorado-based businesses including Nativ Denver and the Nativ Hotel Group.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted in March 2020 and was designed to provide emergency financial assistance to Americans dealing with the economic impact of the COVID-19 pandemic. The CARES Act authorized the SBA to provide EIDLs to eligible small businesses experiencing substantial financial disruptions due to the COVID-19 pandemic.
The defendant made his initial appearance on May 14, 2024, in Miami in front of Judge Marty Fulgeira Elfenbein. A future court date will be set in Colorado.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the United States Secret Service. The case is being prosecuted by Assistant United States Attorney Craig Fansler.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
On July 11, 2023, the Attorney General selected the District of Colorado’s U.S. Attorney’s Office to head one of five national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-results-nationwide-covid-19-fraud-enforcement-action.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Trading Firm Executives Found Guilty of FraudRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Michael Shawn Stewart, 61, of Scottsdale, Arizona, and Bryant Edwin Sewall, 57, formerly of Little Elm, Texas, were found guilty by a jury of 14 counts of wire fraud and conspiracy to commit wire fraud.
Evidence presented at the three-week trial showed that Stewart and Sewall were owners and executives of companies operating on various Caribbean islands under the names Mediatrix Capital and Blue Isle Markets. As part of the scheme Stewart and Sewall provided false and fraudulent information about an algorithm-based foreign currency exchange (“ForEx”) trading program to potential investors and to salespeople they were using to solicit investors. For example, Stewart and Sewall falsely represented that Mediatrix had a history of successful ForEx trading going back to 2013 with no months of losses when, instead, Mediatrix did not exist until 2014 and its trading history included many months of net losses. Mediatrix promised its investors “100% Transparency,” “100% Liquidity” and “World Class Returns.”
Additional evidence at trial showed that after luring investors into the scheme Stewart and Sewall fraudulently induced them to stay by manipulating account statements to show only positive trades while intentionally hiding massive losses that substantially reduced those investors’ accounts. By the end of the scheme, Stewart and Sewall had promised investors over $179 million but had only $9.8 million in their accounts, a gap that they internally referred to as “the hole.” Even as they lost approximately $32 million in trades, Stewart and Sewall rewarded themselves with approximately $30 million in performance fees. They also used their brokerage, Blue Isle, to fraudulently convert investor money into over $40 million in markup fees. They spent the money on real estate, boats, cars, jewelry, and other luxuries.
“Holding white-collar criminals accountable for fraud like this is a key part of the work that we do," said United States Attorney for the District of Colorado Cole Finegan. “This was a complex scheme and these guilty verdicts are a reflection of the outstanding work of our prosecutors as well as the exceptional work of our partners at the FBI.”
“The defendants orchestrated an elaborate foreign currency investment fraud scheme that caused extensive financial harm to unsuspecting victims,” said Special Agent in Charge Mark Michalek.” “FBI Denver will continue to investigate and seek justice for individuals who fall victim to criminals who cheat and lie their way into victims’ pockets.”
United States District Judge William J. Martinez presided over the trial. Sentencing will be held in November 2024. Each count of wire fraud carries a maximum penalty of twenty years of imprisonment, three years of supervised release, a fine of $250,000 or twice the gross gain or loss resulting from the offense, and a $100 special assessment. The conspiracy count carries a maximum penalty of five years of imprisonment, three years of supervised release, a fine of $250,000 or twice the gross gain or loss resulting from the offense, and a $100 special assessment.
A third partner involved with Mediatrix and Blue Isle — Michael Young — previously pleaded guilty to making a false statement to the Securities and Exchange Commission and will be sentenced on June 11, 2024.
The Federal Bureau of Investigation’s Denver Field Office conducted the investigation. Assistant United States Attorneys Anna Edgar, Bryan Fields, and former AUSA Pegeen Rhyne handled the prosecution.
Case number: 21-cr-00034-WJM
United States Attorney for the District of Colorado Cole Finegan to Step DownRead the Press Release
United States Attorney Cole Finegan announced today that he has submitted his resignation to President Joe Biden effective at 11:59 p.m. on May 31, 2024. President Biden appointed Mr. Finegan and he was confirmed by the United States Senate, taking the oath of office on December 1, 2021.
“I will be forever grateful for the opportunity to serve as the United States Attorney for the District of Colorado,” said Mr. Finegan. “I am equally thankful to the career attorneys and professional staff who work every day to help keep our citizens safe, to make sure that the rule of law is applied equally, and to protect the civil rights of every citizen. We are fortunate to have these outstanding public servants in our state. Serving the people of Colorado alongside them will always remain one of the most significant experiences of my life.”
As United States Attorney, Finegan was responsible for overseeing the work of the U.S. Attorney’s Office for the District of Colorado. The office represents the United States in virtually every court matter, criminal or civil, in the U.S. District Court for the District of Colorado and in cases from that Court before the U.S. Court of Appeals for the Tenth Circuit.
During his years in office, U.S. Attorney Finegan focused his efforts, and those of his team, on multiple challenges and opportunities.
Commitment to Partnerships
As a former City Attorney of Denver, Finegan recognized that there could be unique ways to partner with local and state law enforcement to prosecute the most violent criminals in our communities. After meeting with leaders in Denver and Aurora, those cities provided and funded a total of five attorneys who were appointed as federal prosecutors (Special Assistant U.S. Attorneys) to handle violent crimes at the federal level. The U.S. Attorney’s Office also partnered successfully with the District Attorney’s Office in Mesa County and the Rocky Mountain High Intensity Drug Trafficking Area to add a Special Assistant U.S. Attorney to prosecute drug crimes in Grand Junction.
Under Mr. Finegan’s direction, the U.S. Attorney’s Office for the District of Colorado revived the then dormant Protecting Houses of Worship seminars across Colorado. These seminars teach members of faith communities ways to battle against hate crimes and possible acts of terrorism, and work to foster better communication and relationships within local communities and with law enforcement. During USA Finegan’s tenure, hundreds of faith community leaders attended these seminars across Colorado and engaged with local, state, and federal law enforcement leaders.
Prosecutions of Violent Offenders
U.S. Attorney Finegan and his team partnered to lead multiple prosecutions of those who bring drugs, including the deadly scourge of fentanyl, into our communities along with illegal firearms and ammunition. Among its successes, the office, under Mr. Finegan, secured a life sentence for a notorious drug dealer who distributed fentanyl that killed users in 2023. The office was also successful in prosecutions related to violent crime and guns in Denver, Colorado Springs, and Pueblo.
Other high profile criminal cases during Finegan’s tenure included the conviction of a dentist who murdered his wife while in Zambia, a guilty plea from a government employee who attempted to sell classified information to a foreign government, and a guilty plea to federal hate crimes by the person who killed five people and injured 19 others at Club Q in Colorado Springs.
Civil Rights, Fraud, and Public Lands
The Civil Section of the office remains notably innovative and successful in protecting civil rights of Coloradans, recovering monies lost due to fraud, and pursuing other misconduct against the United States.
Under Mr. Finegan, the Civil Section of the U.S. Attorney’s Office protected civil rights for Coloradans through settlements with multiple law enforcement agencies and other businesses that required them to provide more and higher-quality services to people with various disabilities and who speak different languages.
In 2024, the office resolved a False Claims Act Case with two farmers in southeast Colorado requiring them to pay over $6.5 million back to the United States to resolve claims that they defrauded federal crop insurance programs by tampering with rain gauges. In a parallel criminal case, those farmers were also sentenced to federal prison terms.
On the Western Slope, the office negotiated a creative, groundbreaking settlement between the United States and the Durango & Silverton Narrow Gauge Railroad that recovered $20 million for damages incurred in the catastrophic Colorado wildland fire known as the “416 Fire.” The settlement also allowed the historic railroad to keep operating, but also to modernize its equipment and create a compensation fund to guard against future fires.
Economic Crimes, Fraud, and Asset Recovery
Aggressively building upon a task force established to investigate COVID-19 Fraud, the U.S. Attorney’s Office has seized over $1 billion in Economic Injury Disaster Loans that were stolen and over $25 million in misused Colorado Unemployment Insurance funds.
During Mr. Finegan’s time as U.S. Attorney, the office has also added additional prosecutors to continue recovering COVID-19 relief funds stolen from taxpayers.
Challenges and Opportunities
U.S. Attorney Finegan began his tenure during the COVID-19 pandemic and worked closely with his team to steer the office through the constantly changing environment, while also seeking to rebuild community connections and partnership.
In managing the U.S. Attorney’s Office, Mr. Finegan has worked diligently to guide the organization through multiple budget crises, including the substantial reductions by Congress in funding U.S. Attorneys’ Offices nationwide in FY2024. Despite these shifts in funding, the U.S. Attorney’s Office for Colorado remains well staffed and well prepared for the future.
Building upon his past experiences at all levels of government, Mr. Finegan served as a member of the Attorney General’s Advisory Committee. The Committee is a small, select group of U.S. Attorneys who advise the Attorney General on the many challenges that confront the Department of Justice every day.
Mr. Finegan plans to return to the private sector.
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Evergreen Man Sentenced for Making Threats to Commit Mass ViolenceRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Kyle William Staebell, age 34, of Evergreen, was sentenced to 21 months in prison for making threats to commit mass violence.
According to the defendant’s plea, in the early morning hours of January 16, 2023, the defendant threatened to commit mass violence at the Federal Bureau of Investigation (FBI) office in Denver, an office of the Department of Homeland Security, and a Colorado-based performing arts group’s location. Thanks to the swift investigative work of the FBI, the Denver Police Department, the Lakewood Police Department, and the Jefferson County Sheriff’s Office, the defendant was arrested that same day. Subsequent investigation revealed that, in the month before issuing the threats, the defendant went to each of the three locations in person, conducted online research regarding acts of mass violence, and possessed a Molotov cocktail.
“The Office of the United States Attorney of Colorado is committed to prosecuting individuals who threaten the safety and security of Coloradans,” said U.S. Attorney for the District of Colorado Cole Finegan. “We remain grateful to our law enforcement partners who were able to swiftly investigate this case and keep our communities safe.”
"Free speech is protected by the First Amendment, but when speech crosses the line into threats of violence, it becomes a crime," said FBI Denver Special Agent in Charge Mark Michalek. "Violence and threats of violence have no place in our society, and this sentence demonstrates our resolve to disrupt plots to commit mass violence and keep our communities safe."
The FBI urges the public to report suspicious or threatening behavior to their local law enforcement or by calling 1-800-CALL-FBI or submitting a tip online at https://tips.fbi.gov.
United States District Court Judge Daniel D. Domenico sentenced the defendant on May 1, 2024.
The FBI Denver Field Division conducted the investigation. Assistant United States Attorney Laura Cramer-Babycz handled the prosecution of the case.
Media Advisory: Sentencing of Jareh DalkeRead the Press Release
What: United States Attorney for the District of Colorado Cole Finegan, and FBI Special Agent in Charge Mark Michalek, will speak at a press conference about the sentencing of Jareh Dalke, 31, of Colorado Springs.
Mr. Dalke will be sentenced by Judge Raymond P. Moore after pleading guilty in October 2023, to six counts of attempting to transmit classified National Defense Information to an agent of the Russian Federation
When: Monday, April 29, 2024
Sentencing begins at 10:30 a.m. The press conference will commence approximately 15 minutes after the end of the hearing. This is likely to occur after 1 p.m.Where: Steps of the Alfred A. Arraj United State Courthouse at 901 19th Street, Denver, CO
USA Finegan and SAC Michalek are not available for questions or interviews.
Former NSA Employee Sentenced to over 21 Years in Prison for Attempted EspionageRead the Press Release
DENVER – Jareh Sebastian Dalke, 32, of Colorado Springs, was sentenced today to 262 months in prison for attempted espionage in connections with his efforts to transmit classified National Defense Information (NDI) to an agent of the Russian Federation.
According to court documents, Dalke pleaded guilty in 2023 to six counts of attempting to transmit classified NDI to a foreign agent. From June 6 to July 1, 2022, Dalke was an employee of the National Security Agency (NSA) where he served as an Information Systems Security Designer. Dalke admitted that between August and September 2022, in order to demonstrate both his “legitimate access and willingness to share,” he used an encrypted email account to transmit excerpts of three classified documents to an individual he believed to be a Russian agent. That person was an FBI online covert employee. All three documents from which the excerpts were taken contain NDI, are classified as Top Secret//Sensitive Compartmented Information (SCI) and were obtained by Dalke during his employment with the NSA.
“This defendant, who had sworn an oath to defend our country, believed he was selling classified national security information to a Russian agent, when in fact, he was outing himself to the FBI,” said Attorney General Merrick B. Garland. “This sentence demonstrates that that those who seek to betray our country will be held accountable for their crimes. I am grateful to the FBI Denver and Washington Field Offices for their extraordinary work on this case.”
“This sentence should serve as a stark warning to all those entrusted with protecting national defense information that there are consequences to betraying that trust,” said FBI Director Christopher Wray. “Dalke believed he was passing classified information to an agent of the Russian government. The hard work of our FBI employees prevented that from happening and any potential harm to the United States.”
“Two primary objectives of the U.S. Attorney’s Office for the District of Colorado include keeping our citizens safe, and safeguarding the United States of America,” said U.S. Attorney Cole Finegan for the District of Colorado. “Not only is this case an exceptional example of federal law enforcement cooperation, but the sentence Mr. Dalke received today reflects the seriousness of the actions he took in attempt to injure our country and help a foreign government.”
"Every day, every FBI employee works to uphold the Constitution and protect the American people and our way of life. But it’s not every day we thwart a would-be spy among our own intelligence community ranks. Luckily such an occurrence is rare," said FBI Denver Special Agent in Charge Mark Michalek. "If Dalke had been successful, the repercussions would have been severe. The penalty imposed reflects this."
On or about Aug. 26, 2022, Dalke requested $85,000 in return for all the information in his possession. Dalke claimed the information would be of value to Russia and told the FBI online covert employee that he would share more information in the future, once he returned to the Washington, D.C.-area.
Dalke subsequently arranged to transfer additional classified information in his possession to the purported Russian agent at Union Station in downtown Denver. Using a laptop computer and the instructions provided by the FBI online covert employee, Dalke transferred five files, four of which contain Top Secret NDI. The other file was a letter, which begins (in Russian and Cyrillic characters) “My friends!” and states, in part, “I am very happy to finally provide this information to you… I look forward to our friendship and shared benefit. Please let me know if there are desired documents to find and I will try when I return to my main office.” The FBI arrested Dalke on Sept. 28, 2023, moments after he transmitted the files.
As part of his plea agreement, Dalke admitted that he willfully transmitted files to the FBI online covert employee with the intent and reason to believe the information would be used to injure the United States and to benefit Russia.
The FBI Washington and Denver Field Offices investigated the case.
Assistant U.S. Attorneys Julia K. Martinez and Jena R. Neuscheler for the District of Colorado and Trial Attorneys Christina A. Clark and Adam L. Small of the National Security Division’s Counterintelligence and Export Control Section handled the prosecution.
Former NSA Employee Sentenced to over 21 Years in Prison for Attempted EspionageRead the Press Release
Jareh Sebastian Dalke, 32, of Colorado Springs, was sentenced today to 262 months in prison for attempted espionage in connections with his efforts to transmit classified National Defense Information (NDI) to an agent of the Russian Federation.
According to court documents, Dalke pleaded guilty in 2023 to six counts of attempting to transmit classified NDI to a foreign agent. From June 6 to July 1, 2022, Dalke was an employee of the National Security Agency (NSA) where he served as an Information Systems Security Designer. Dalke admitted that between August and September 2022, in order to demonstrate both his “legitimate access and willingness to share,” he used an encrypted email account to transmit excerpts of three classified documents to an individual he believed to be a Russian agent. That person was an FBI online covert employee. All three documents from which the excerpts were taken contain NDI, are classified as Top Secret//Sensitive Compartmented Information (SCI) and were obtained by Dalke during his employment with the NSA.
“This defendant, who had sworn an oath to defend our country, believed he was selling classified national security information to a Russian agent, when in fact, he was outing himself to the FBI,” said Attorney General Merrick B. Garland. “This sentence demonstrates that that those who seek to betray our country will be held accountable for their crimes. I am grateful to the FBI Denver and Washington Field Offices for their extraordinary work on this case.”
“This sentence should serve as a stark warning to all those entrusted with protecting national defense information that there are consequences to betraying that trust,” said FBI Director Christopher Wray. “Dalke believed he was passing classified information to an agent of the Russian government. The hard work of our FBI employees prevented that from happening and any potential harm to the United States.”
“Two primary objectives of the U.S. Attorney’s Office for the District of Colorado include keeping our citizens safe, and safeguarding the United States of America,” said U.S. Attorney Cole Finegan for the District of Colorado. “Not only is this case an exceptional example of federal law enforcement cooperation, but the sentence Mr. Dalke received today reflects the seriousness of the actions he took in attempt to injure our country and help a foreign government.”
On or about Aug. 26, 2022, Dalke requested $85,000 in return for all the information in his possession. Dalke claimed the information would be of value to Russia and told the FBI online covert employee that he would share more information in the future, once he returned to the Washington, D.C.-area.
Dalke subsequently arranged to transfer additional classified information in his possession to the purported Russian agent at Union Station in downtown Denver. Using a laptop computer and the instructions provided by the FBI online covert employee, Dalke transferred five files, four of which contain Top Secret NDI. The other file was a letter, which begins (in Russian and Cyrillic characters) “My friends!” and states, in part, “I am very happy to finally provide this information to you… I look forward to our friendship and shared benefit. Please let me know if there are desired documents to find and I will try when I return to my main office.” The FBI arrested Dalke on Sept. 28, 2023, moments after he transmitted the files.
As part of his plea agreement, Dalke admitted that he willfully transmitted files to the FBI online covert employee with the intent and reason to believe the information would be used to injure the United States and to benefit Russia.
The FBI Washington and Denver Field Offices investigated the case.
Assistant U.S. Attorneys Julia K. Martinez and Jena R. Neuscheler for the District of Colorado and Trial Attorneys Christina A. Clark and Adam L. Small of the National Security Division’s Counterintelligence and Export Control Section handled the prosecution.
Four More Co-Conspirators Charged in Alleged Nationwide Abusive-Trust Tax Shelter SchemeRead the Press Release
A superseding indictment was returned this week by a federal grand jury in Denver charging four people with conspiring with Larry Conner and Timothy McPhee to defraud the IRS. Connor and McPhee had previously been indicted for conspiring to defraud the IRS related to the same scheme in September 2023.
According to the superseding indictment, from February 2018 until September 2023, Marcia Predmore, Roderick Prescott, Suzanne Thompson and Weldon Wulstein allegedly conspired with Conner, McPhee and others to promote, sell and implement an abusive-trust tax shelter scheme. The superseding indictment further charges Thompson and Wulstein with assisting in the preparation of false income tax returns on behalf of clients who used the shelter. Predmore and McPhee had previously been charged with tax evasion related to their use of the tax shelter to conceal their own income from the IRS. Conner and McPhee had also previously been charged with assisting in the preparation of false income tax returns on behalf of clients who used the shelter.
According to the superseding indictment, the shelter was marketed as a way for business owners to avoid paying federal income taxes on nearly all of their business income. Conner and McPhee allegedly instructed clients to use the fraudulent tax shelter by assigning nearly all of their business income to a series of sham trusts and a purported “private family foundation” to create the illusion that the income did not belong to the client. Conner and McPhee then allegedly referred the clients to handpicked tax-return preparers for the preparation of false individual income tax returns that did not report the income assigned to the trusts or that was donated to the foundation. In reality, however, the clients allegedly retained full control and use of that income. Although the income assigned to the sham trusts was reported on tax returns for the trusts, those tax returns allegedly offset the income with improper deductions, including donations, to report $0 in taxes owed.
As to Prescott, the superseding indictment charges that through his business, The Stewardship Institute, Prescott promoted the “private family foundation” that was advertised as the final step of the tax shelter. Prescott allegedly taught about the foundation at workshops he hosted with Conner, McPhee, Predmore and others. Prescott allegedly advised clients how to spend the funds “donated” to their private family foundations for their own personal use and to disguise the transactions to make them appear charitable. Prescott also allegedly oversaw the preparation of the instruments used to create the so-called private family foundations.
The superseding indictment alleges that Conner, McPhee and Predmore referred clients to Thompson for bookkeeping services and Wulstein for return preparation services. Thompson allegedly operated a bookkeeping firm called The CFO Agency; Wulstein allegedly operated a return preparation firm called Wulstein Financial Services. Thompson and her employees allegedly prepared financial statements for clients who used the abusive-trust tax shelter and sent those financial statements to Wulstein for the preparation of false tax returns.
If convicted, each defendant faces a maximum penalty of five years in prison for conspiring to defraud the United States. Conner, McPhee, Thompson and Wulstein also face a maximum penalty of three years in prison for each count of assisting in the preparation of a false tax return. McPhee and Predmore face a maximum sentence of five years in prison for each count of tax evasion. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS Criminal Investigation is investigating the case.
Trial Attorneys Amanda R. Scott and Lauren K. Pope and Senior Litigation Counsel Corey J. Smith of the Tax Division are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Return to Nature Funeral Home Owners Charged for Defrauding Clients, Defrauding Paycheck Protection ProgramRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Jon Hallford, age 44, and Carie Hallford, age 47, were indicted by a federal grand jury for allegedly defrauding their funeral home clients, and for defrauding the Paycheck Protection Program (PPP), which is part of The Coronavirus Aid, Relief, and Economic Security (CARES) Act. Both Jon and Carie Hallford each face 13 counts of wire fraud and two counts of conspiracy to commit wire fraud.
According to the indictment, the Hallfords were the co-owners of the Return to Nature Funeral Home in Penrose, Colorado. In October 2023, residents in the area reported an odor emanating from the Penrose facility. After obtaining a search warrant, FBI investigators found 190 dead bodies inside the building in various states of decomposition. Some of the dates on the bodies listed deaths dating back to 2019.
The indictment alleges that the Hallfords defrauded their funeral home customers by not providing a cremation or burial for the deceased as promised.
The indictment also alleges that the Hallfords fraudulently obtained COVID-19 Relief funds on behalf of their business. Specifically, the indictment alleges that the Hallfords provided false information to the U.S. Small Business Administration in order to obtain relief funds totaling $882,300 by misrepresenting the fact that Jon Hallford owed back child support and by claiming that their business was not engaged in criminal activity at the time they applied for COVID-19 relief funds. The Hallfords are also accused of misapplying the relief funds for personal purposes instead of using such funds for the operation of their business.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted in March 2020 and was designed to provide emergency financial assistance to Americans dealing with the economic impact of the COVID-19 pandemic. The CARES Act created the PPP, a program administered by the SBA that provided loans to small businesses to retain workers, maintain payroll, and certain other expenses consistent with PPP rules. Additionally, the CARES Act authorized the SBA to provide EIDLs to eligible small businesses experiencing substantial financial disruptions due to the COVID-19 pandemic.
The defendants made their initial appearances on Monday, April 15, 2024, before Judge Scott T. Varholak. The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty.
This federal case is being investigated by the Federal Bureau of Investigation and the United States Small Business Administration Office of Inspector General. Several other state and local law enforcement agencies including the Colorado Bureau of Investigation, the Colorado Springs Police Department, the El Paso County Coroner’s Office, the Fremont County Sheriff’s Office, and the Fremont County Coroner’s Office have made significant contributions to this case. The case is being prosecuted by Assistant United Staes Attorneys Tim Neff and Craig Fansler.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
On July 11, 2023, the Attorney General selected the District of Colorado’s U.S. Attorney’s Office to head one of five national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-results-nationwide-covid-19-fraud-enforcement-action.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Case # 24-CR-00113