District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Leader of Armed Home Invasion Robbery Crew Sentenced for RICO Conspiracy and Other Violent CrimesRead the Press Release
A Texas man was sentenced to 40 years in prison for his leadership role in an armed home invasion robbery crew that traveled the United States targeting families of South Asian and East Asian descent.
Juan Olaya, 41, of Houston, Texas, was convicted by a federal jury of one count of racketeering conspiracy, four counts of assault with a dangerous weapon in aid of racketeering, and four counts of brandishing a firearm during and in relation to a crime of violence on March 9, 2020. According to evidence presented at trial, Olaya acted as the road boss for an enterprise that committed a string of armed home invasions in Michigan, Georgia, New York, New Jersey, and Texas from August through December of 2014. Olaya recruited other crew members and assigned roles to those members. Olaya and crew members then traveled to specific locations, conducted surveillance, and executed the robberies.
“The Criminal Division is committed to protecting the American public from violent criminals, particularly when those criminals target individuals based on their ethnicity or race,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “We hope that this prosecution, trial conviction, and sentence will serve as a deterrent to others who might think about engaging in similar violent conduct.”
“Juan Olaya and his robbery crews committed a host of violent crimes that terrorized innocent victims across the United States,” said Special Agent in Charge Timothy Waters of the FBI’s Detroit Field Office. “His crimes are made more disturbing because the victims were chosen based on their ethnicity or race. The FBI will continue to work with our federal, state, and local partners to investigate and hold accountable predators like Olaya who threaten the safety of our communities.”
The organizer of the crew, Chaka Castro, ran the enterprise from 2011 through 2014. Castro was convicted by a federal jury on June 4, 2019, and was sentenced to 37 years in prison on Oct. 28, 2019. Castro generated lists of robbery targets in various states around the county, specifically families whose last names were common to certain ethnicities and assigned crews to carry out armed robberies inside the families’ homes.
The crew utilized a particular modus operandi in each of the robberies. Members preferred to rob homes while the families were present so they could use their victims to point out valuable items. Members disguised their appearance with clothing and bandanas so that victims would have difficulty identifying them. They openly carried and brandished firearms to gain control of the victims and then immediately corralled the victims, including children, into one location in the home. At least one crew member then restrained the victims using duct tape and threats of violence, as one or more others ransacked the home in search of cash, jewelry, and electronics. The crew organized their trips to involve multiple home invasion robberies over a series of days.
The FBI’s Ann Arbor Office investigated the case with the assistance of federal agencies including U.S. Immigrations and Customs Enforcement’s Homeland Security Investigations and U.S. Secret Service, and local law enforcement agencies in Michigan, including Washtenaw County Sherriff’s Office, Ann Arbor Police Department and Canton Police Department; local law enforcement agencies in Ohio, including Beachwood Police Department; local law enforcement agencies in Georgia, including the Cobb County District Attorney’s Office, Cobb County Police Department, Gwinnett County Police Department, Duluth Police Department and Milton Police Department; local law enforcement agencies in New York, including Nassau County Police Department; the Tennessee Highway Patrol and local law enforcement agencies in Texas including Allen Police Department, Coppell Police Department, Flower Mound Police Department, Carrollton Police Department, Lewisville Police Department and Southlake Police Department.
Trial Attorneys Conor Mulroe and Bethany Lipman of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.
Justice Department Proposes New Regulation to Update Firearm DefinitionsRead the Press Release
WASHINGTON – The Department of Justice today issued a notice of proposed rulemaking that would update the definitions of “firearm” and related parts for the first time since 1968. The proposed rule would modernize the definition of “frame or receiver” and help close a regulatory loophole associated with the un-serialized privately made firearms that are increasingly being recovered at crime scenes across the country. These unmarked firearms, known as “ghost guns,” are often assembled from kits that are sold without background checks, making them easily acquired by criminals who otherwise would not be permitted to possess a firearm.
“We are committed to taking commonsense steps to address the epidemic of gun violence that takes the lives of too many people in our communities,” said Attorney General Merrick B. Garland. “Criminals and others barred from owning a gun should not be able to exploit a loophole to evade background checks and to escape detection by law enforcement. This proposed rule would help keep guns out of the wrong hands and make it easier for law enforcement to trace guns used to commit violent crimes, while protecting the rights of law-abiding Americans. Although this rulemaking will solve only one aspect of the problem, we have an obligation to do our part to keep our families and our neighborhoods safe from gun violence.”
As the proposed rule explains, from 2016 to 2020, more than 23,000 un-serialized firearms were reported to have been recovered by law enforcement from potential crime scenes — including in connection with 325 homicides or attempted homicides. The proposed rule, once implemented, would help address the proliferation of these un-serialized firearms in three ways:
- To help keep guns from being sold to convicted felons and other prohibited purchasers, the rule would make clear that retailers must run background checks before selling kits that contain the parts necessary for someone to readily make a gun at home.
- To help law enforcement trace guns used in a crime, the rule would require that manufacturers include a serial number on the firearm “frame or receiver” in easy-to-build firearm kits.
- To help reduce the number of “ghost guns” on our streets, the rule would set out requirements for federally licensed firearms dealers to have a serial number added to 3D printed guns or other un-serialized firearms they take into inventory.
Once the proposed rule is published in the Federal Register, the public will have 90 days to submit comments. The Notice of Proposed Rulemaking can be viewed here.
To learn more about the rulemaking process, please see the
attached.Former Tennessee Correctional Officer Sentenced for Covering up Staff Assault of an InmateRead the Press Release
A former Tennessee Correctional Officer was sentenced today to a year and a day in prison and two years supervised release for conspiring to cover up the beating of an inmate and for persuading other officers to provide false information to investigators.
On May 7, Tommy Morris, a former Corporal with the Tennessee Department of Corrections (TDOC) at the Northwest County Correctional Complex in Tiptonville, Tennessee, pleaded guilty to federal offenses arising out of the assault of R.T., an inmate in the mental health unit at the facility. Morris is the third officer to be sentenced.
“The defendant, as a supervisory correctional officer, watched other officers assault a vulnerable inmate and then he guided these officers in their efforts to cover up their criminal conduct,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold accountable those who commit civil rights violations and those who conspire with their fellow officers to obstruct the ensuing criminal investigation.”
“The civil rights statutes are there to protect the Constitutional rights and freedoms of everyone,” said Acting U.S. Attorney Joseph C. Murphy Jr. for the Western District of Tennessee. “Our office will prosecute those who violate these laws, regardless of the victim’s status and those who attempt to cover up these crimes.”
“This sentence should send a clear message that the FBI makes it a priority to bring to justice any law enforcement officer who violates the civil rights of those in his care and custody,” said Special Agent in Charge Douglas M. Korneski of the FBI Memphis Field Office. “It undermines the respect and reputation of all law enforcement officers when a correctional officer violates the civil rights of an inmate whose safety he is charged with.”
On Nov. 24, 2020, Morris pleaded guilty to conspiring to cover up the beating of R.T. and to knowingly encouraging correctional officers to provide investigators with false and misleading information.
This case was investigated by the Memphis Division of the FBI with the support of the TDOC, and is being prosecuted by Trial Attorney Rebekah J. Bailey of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
Justice Department Reaches Agreement with Two Community Colleges to Improve Access for Students with DisabilitiesRead the Press Release
The Justice Department announced today the signing of two agreements with community colleges to remove barriers experienced by students with disabilities, including veterans. The agreements, reached with Central Texas College of Killeen (CTC), located in Killeen, Texas, and Tidewater Community College (TCC), located in Virginia Beach, Virginia, are part of the department’s commitment to ensure that educational institutions comply with the Americans with Disabilities Act (ADA). Both colleges have high populations of servicemembers who have returned from active duty.
Under the agreements announced today, CTC and TCC will remove barriers to accessibility in facilities, such as classrooms, dormitories, libraries, technology centers and places of recreation. The agreements require CTC and TCC to make physical modifications so that parking, entrances, restrooms, service counters, drinking fountains and routes to and within buildings are accessible to people with disabilities. The colleges also must ensure that assembly areas, such as auditoriums, have the required wheelchair and companion seating. The agreements further require these colleges to implement a plan for the accessibility of sidewalks and curb cuts within their borders.
“College students, including returning servicemembers, should not face barriers in education due to their disabilities,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to enforcing the rights of all students with disabilities, many of whom are veterans who have made great sacrifices while serving our country.”
“The Western District of Texas is proud to be the home of many veterans and the location of numerous colleges and universities,” said U.S. Attorney Ashley Hoff for the Western District of Texas. “Protecting the rights of veterans and students with disabilities is a priority in this district. We remain committed to ensuring that educational facilities are accessible to servicemembers and Texans with disabilities.”
“Through the protections enshrined in the Americans with Disabilities Act, it is essential that we work together to remove barriers to education and uphold the civil rights of every member of our community,” said Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia. “We must ensure that all individuals with disabilities, including veterans who have sacrificed so much for our country, have equal opportunity and equal access to educational services.”
People interested in finding out more about the CTC agreement, the TCC agreement, or the ADA can call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at http://www.ada.gov. For more information about the department’s Servicemembers and Veterans Initiative, please visit www.servicemembers.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report.
Mary Ida Townson Appointed U.S. Trustee for Florida, Georgia, Puerto Rico and the U.S. Virgin IslandsRead the Press Release
Attorney General Merrick B. Garland has appointed Mary Ida Townson as the U.S. Trustee for Florida, Georgia, the Commonwealth of Puerto Rico and the U.S. Virgin Islands (Region 21). Ms. Townson will assume her duties in June and will replace Nancy Gargula, who is the U.S. Trustee in Region 10 and who has served as the interim U.S. Trustee in Region 21 since April 2019.
Ms. Townson brings more than 30 years of bankruptcy experience to the position, including the past 18 years as a standing chapter 13 trustee for the Northern District of Georgia and, before that, in private practice representing debtors and creditors and serving as a chapter 7 panel trustee. She also has held various leadership positions with the National Association of Chapter 13 Trustees and the Southeastern Bankruptcy Law Institute over the past 10 years. Ms. Townson received a Bachelor of Arts with Honors from Auburn University and her Juris Doctor from the University of Georgia Law School.
“Ms. Townson has committed her career to improving the bankruptcy system and we are excited to have her join our leadership team,” said U.S. Trustee Program (USTP) Director Cliff White. “We also are indebted to Ms. Gargula for her expert leadership of Region 21 over these past two years.”
The USTP is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 90 field office locations. Region 21 is headquartered in Atlanta, Georgia, with additional offices in Macon and Savannah, Georgia; Miami, Orlando, Tallahassee and Tampa, Florida; and San Juan, Puerto Rico.
Justice Department Issues Statement Announcing Decision to Appeal Alabama Association of Realtors v. HHSRead the Press Release
Brian M. Boynton, Acting Assistant Attorney General for the Justice Department's Civil Division, released the following statement:
“The CDC’s eviction moratorium — which Congress extended last December and the CDC later extended through June 30, 2021 — protects many renters who cannot make their monthly payments due to job loss or health care expenses. Scientific evidence shows that evictions exacerbate the spread of COVID-19, which has already killed more than half a million Americans, and the harm to the public that would result from unchecked evictions cannot be undone.
“The Department of Justice respectfully disagrees with today’s decision of the district court in Alabama Association of Realtors v. HHS concluding that the moratorium exceeds CDC’s statutory authority to protect public health. In the department’s view, that decision conflicts with the text of the statute, Congress’s ratification of the moratorium, and the rulings of other courts.
“The department has already filed a notice of appeal of the decision and intends to seek an emergency stay of the order pending appeal.”
Court Authorizes Service of John Doe Summons Seeking Identities of U.S. Taxpayers Who Have Used CryptocurrencyRead the Press Release
A federal court in the Northern District of California entered an order today authorizing the IRS to serve a John Doe summons on Payward Ventures Inc., and Subsidiaries d/b/a Kraken (Kraken) seeking information about U.S. taxpayers who conducted at least the equivalent of $20,000 in transactions in cryptocurrency during the years 2016 to 2020. The IRS is seeking the records of Americans who engaged in business with or through Kraken, a digital currency exchanger headquartered in San Francisco, California.
“Gathering the information in the summons approved today is an important step to ensure cryptocurrency owners are following the tax laws,” said Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division. “Those who transact with cryptocurrency must meet their tax obligations like any other taxpayer.”
“There is no excuse for taxpayers continuing to fail to report the income earned and taxes due from virtual currency transactions,” said IRS Commissioner Chuck Rettig. “This John Doe summons is part of our effort to uncover those who are trying to skirt reporting and avoid paying their fair share.”
Cryptocurrency, as generally defined, is a digital representation of value. Because transactions in cryptocurrencies can be difficult to trace and have an inherently pseudoanonymous aspect, taxpayers may be using them to hide taxable income from the IRS. On April 1, 2021, a federal court in the District of Massachusetts granted an order authorizing the IRS to serve a similar John Doe summons on Circle, a digital currency exchange headquartered in Boston.
Today’s order from the Northern District of California grants the IRS permission to serve what is known as a “John Doe” summons on Kraken. The United States’ petition does not allege that Kraken has engaged in any wrongdoing in connection with its digital currency exchange business. Rather, according to the court’s order, the summons seeks information related to the IRS’s “investigation of an ascertainable group or class of persons” that the IRS has reasonable basis to believe “may have failed to comply with internal revenue laws.” According to the copy of the summons filed with the petition, the IRS directed Kraken to produce records identifying the U.S. taxpayers described above, along with other documents relating to their cryptocurrency transactions.
The IRS has issued guidance regarding the tax consequences on the use of virtual currencies in IRS Notice 2014-21,which provides that virtual currencies that can be converted into traditional currency are property for tax purposes, and a taxpayer can have a gain or loss on the sale or exchange of a virtual currency, depending on the taxpayer’s cost to purchase the virtual currency (that is, the taxpayer’s tax basis).
Attorney General Merrick B. Garland's Statement on Missing and Murdered Indigenous Persons Awareness DayRead the Press Release
Attorney General Merrick B. Garland issued the following statement:
“Generations of American Indians and Alaska Natives have experienced violence or mourned a murdered or missing family member or loved one. The lasting effects of such trauma and suffering ripple across their communities.
“Today, we reaffirm our commitment to Tribes across the country who need and deserve our resources to help bring answers and justice to their grieving communities. In partnership with Tribal, federal, state and local agencies, the Justice Department is committed to finding lasting solutions to the public safety challenges Tribal communities encounter and to protecting them from violence, abuse, and exploitation.”
Massachusetts Woman Pleads Guilty to Tax and Drug Charges Arising from Multimillion-Dollar Marijuana EnterpriseRead the Press Release
A Massachusetts woman pleaded guilty today to tax evasion, conspiracy to distribute marijuana, possession of marijuana with intent to distribute, and money laundering.
According to court documents and the criminal complaint, Deana Martin, 53, of Milton, owned and managed Northern Herb, an illegal marijuana delivery service that operated in Massachusetts from 2015 to 2018. While Northern Herb purported to sell medical marijuana, it did not require a customer to provide proof of a medical marijuana card. Furthermore, it is alleged that Northern Herb would deliver marijuana to unattended locations (such as a front door or hallway) where unknown third parties might have access to it. Northern Herb used locations in Canton, Milton, Foxborough, and Hyde Park to store and distribute marijuana, and employed at least 25 workers.
From May 2016 through July 2018, Northern Herb had total revenue exceeding $14 million. Northern Herb did not pay taxes on its profits nor withhold taxes due from its employees’ wages. Martin paid many of the employees in cash and did not collect or pay the IRS withholdings that were due nor file with the IRS required reports documenting the payments made to Northern Herb’s employees and independent contractors.
U.S. District Judge Timothy S. Hillman today accepted Martin’s guilty plea but reserved acceptance of the plea agreement that, if accepted, would guide the sentence to be imposed. Martin is scheduled to be sentenced on Sept. 1, 2021.
On the drug counts, Martin faces a maximum sentence of up to 20 years of prison and a maximum fine of $1,000,000. On the money laundering counts, Martin faces a maximum sentence of 20 years in prison and a maximum fine of $500,000 or twice the value of the money laundered. On the tax count, Martin faces a maximum sentence of five years in prison and a maximum fine of $100,000. Martin also faces restitution and forfeiture. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; Acting U.S. Attorney Nathaniel R. Mendell of the District of Massachusetts; Special Agent in Charge Brian D. Boyle of the Drug Enforcement Administration, New England Division; and Special Agent in Charge Ramsey Covington of the IRS-Criminal Investigations in Boston made the announcement today. The U.S. Postal Inspection Service also provided valuable assistance with this investigation.
Assistant U.S. Attorneys Bill Abely and John Mulcahy of the U.S. Attorney’s Office for the District of Massachusetts and Assistant Chief Kathleen Barry of the Tax Division prosecuted the case.
Incyte Corporation to Pay $12.6 Million to Resolve False Claims Act Allegations for Paying KickbacksRead the Press Release
A pharmaceutical company headquartered in Delaware has agreed to pay $12.6 million to resolve allegations that it violated the False Claims Act by paying kickbacks.
Today’s settlement resolves allegations that, from November 2011 through December 2014, Incyte Corporation purportedly used an independent foundation as a conduit to pay the copays of certain federal beneficiaries taking Incyte’s drug Jakafi, which was approved to treat myleofibrosis in 2011. Specifically, Incyte was the sole donor to a fund that was opened in November 2011 to assist only myleofibrosis patients. After the fund opened, the government alleges that Incyte used the fund to pay the copays of federal beneficiaries taking Jakafi who were ineligible for assistance from the fund because they did not have myleofibrosis. Incyte managers pressured the foundation, through phone calls and emails, to provide economic assistance to these ineligible patients, and Incyte’s contractor helped ineligible patients to complete applications submitted to the fund for assistance. The government alleges that through this conduct, Incyte caused false claims for Jakafi to be submitted to Medicare and TRICARE.
“Drug companies undermine the integrity of federal health care programs and contribute to rising drug costs when they illegally use foundations to cover patients’ costs for their own drugs,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “This resolution reflects the government’s continuing commitment to hold pharmaceutical companies accountable for this conduct.”
“Pharmaceutical companies cannot skirt the anti-kickback rules by disguising their inducements to federally-insured patients as charitable donations,” said Acting U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennseylvania. “This resolution shows our office’s continuing commitment to holding drug companies accountable for this conduct.”
“Protecting TRICARE, the health care system for U.S. military members and their dependents, is a top priority for the Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Submitting false claims for ineligible patients compromises the integrity of the TRICARE program. Today's settlement is the result of a joint effort with the U.S. Attorney’s Office, DOJ Civil Frauds, and HHS-OIG, and it demonstrates our ongoing commitment to work with our law enforcement partners to investigate those who engage in health care fraud.”
When a beneficiary obtains a prescription drug covered by Medicare or TRICARE, the beneficiary may be required to make a partial payment, which may take the form of a copayment, coinsurance or a deductible (collectively “copays”). Congress included copay requirements in these federal programs, in part, to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs.
Under the Anti-Kickback Statute, a pharmaceutical company is prohibited from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce federal beneficiaries to purchase the company’s drugs. This prohibition extends to the payment of patients’ copay obligations.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Justin Dillon, a former compliance executive at Incyte. 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 U.S. ex rel. Dillon v. Incyte Corp., No. 2:18 -cv-2642 (E.D. Pa.). Dillon will receive approximately $3.59 million of the recovery.
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 Eastern District of Pennsylvania, with assistance from the U.S. Department of Health and Human Services Office of Inspector General, the Department of Defense Office of Inspector General, and the Office of Personnel Management Office of the Inspector General.
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 the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was investigated by Senior Trial Counsel Jennifer Cihon of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorneys Paul Koob and Matthew Howatt and Auditor George Niedzwicki of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Vivint Smart Home to Pay $20 Million for Violating the Fair Credit Reporting ActRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), announced a $20 million settlement resolving alleged violations of the FTC Act and the Fair Credit Reporting Act (FCRA), including violations of the Red Flags Rule. The settlement includes $15 million in civil penalties, which represents the largest civil penalty ever paid to resolve FCRA violations under the FTC Act.
Vivint Smart Home Inc. sells “smart” home security and monitoring systems, largely via a sales force that sells door-to-door. The complaint alleges that Vivint failed to implement an Identity Theft Prevention Program, allowing its sales representatives to obtain credit reports of unsuspecting consumers without the consumers’ knowledge or consent, and unfairly sold false debt to buyers or debt collectors. According to the complaint, the defendant’s lack of an Identity Theft Prevention Program violated the FTC’s Red Flags Rule, which requires covered financial institutions and creditors to establish and administer an appropriate, written Identity Theft Prevention Program. The Red Flags Rule plays an important role in the detection, prevention, and mitigation of identity theft.
The complaint further alleges that, due in part to the absence of an appropriate Identity Theft Prevention Program, Vivint’s door-to-door sales force was able to systematically use the names and identities of innocent victims to complete sales to potential Vivint customers who failed the required credit checks. When some of those Vivint customers later defaulted, Vivint allegedly then sold the false debt to third-party debt collectors that attempted to collect from the victims, who had no knowledge of the Vivint accounts created using their identities.
“The Justice Department is committed to protecting consumers against the unlawful use of their credit reports and the unfair sale of false debts,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “We are pleased to join with our partners at the Federal Trade Commission on this important matter.”
“Vivint’s sales staff stole people’s personal information to approve others for loans,” said Acting Director Daniel Kaufman of the FTC’s Bureau of Consumer Protection. “For misusing consumer credit reports and other sensitive data, and harming people’s credit, this company will pay $20 million.”
As reflected in the stipulated order entered by the court, Vivint will pay $15 million in civil penalties and $5 million in equitable monetary relief. Additionally, Vivint is required to take a number of steps to prevent a recurrence of its alleged unlawful conduct. Among other things, Vivint must establish a corporate component to verify certain accounts and to investigate reports of identity theft; establish an employee monitoring and Identity Theft Prevention Program; and comply with related recordkeeping, certification, and compliance obligations.
This matter was handled by Assistant Director Lisa K. Hsiao and Trial Attorney Alisha M. Crovetto of the Civil Division’s Consumer Protection Branch. Gorana Neskovic and Kevin H. Moriarty represented the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Neurosurgeon and Two Affiliated Companies Agree to Pay $4.4 Million to Settle Health Care Fraud AllegationsRead the Press Release
Neurosurgeon Wilson Asfora, M.D. of Sioux Falls, South Dakota, and two medical device distributorships that he owns, Medical Designs LLC and Sicage LLC, have agreed to pay $4.4 million to resolve False Claims Act allegations relating to illegal payments to Asfora to induce the use of certain medical devices, in violation of the Anti-Kickback Statute, as well as claims for medically unnecessary surgeries.
Medical Designs and Sicage agreed to pay an additional $100,000 in penalties to settle allegations that they violated the Open Payments Program by failing to report to the Centers for Medicare & Medicaid Services (CMS) Asfora’s ownership interests and payments made to Asfora.
Under the terms of the settlement agreement, Asfora, Medical Designs, and Sicage each will be excluded from participation in federal health care programs for a period of six years.
“Physicians who accept kickbacks and perform unnecessary surgeries put their patients at risk and increase health care costs for everyone,” said Acting Assistant Attorney General Brian M. Boynton of the Department of Justice’s Civil Division. “We will continue to hold physicians and medical device companies accountable for unlawful financial arrangements that undermine the integrity of federal health care programs.”
The settlement announced today resolves allegations that over the course of nearly a decade, Asfora, Medical Designs, and Sicage knowingly and willfully engaged in three kickback schemes to allow Asfora to profit from his use of over a dozen devices in his medical procedures. First, the United States alleged that Medical Designs and Sicage paid Asfora profit distributions in exchange for Asfora using Medical Designs’ and Sicage’s devices in his spine surgeries. Second, the United States alleged that Medical Designs acted as a distributor, reselling other manufacturers’ spinal devices and splitting the profits with Asfora when he used those devices in surgeries. Third, the United States alleged that Asfora solicited and received kickbacks from medical device manufacturer Medtronic USA Inc. in exchange for using its SynchroMed II infusion pumps, which are implantable devices used to deliver medication to patients. At Asfora’s request, Medtronic allegedly paid the kickbacks to Asfora through a restaurant he owned with his wife, called Carnaval Brazilian Grill, in the form of lavish meals and alcohol for Asfora and his friends, colleagues, and business partners.
In addition, the settlement resolves allegations that Asfora knowingly submitted false claims to federal health care programs for medically unnecessary procedures using the devices in which he had a financial interest. Despite receiving numerous warnings that he was performing medically unnecessary procedures – including warnings from his own physician colleagues – Asfora allegedly continued to perform such procedures while personally profiting from his use of devices sold by Medical Designs, Sicage, and Medtronic.
“Fraud in the health care arena is taken very seriously by the Department of Justice,” said Acting U.S. Attorney Dennis R. Holmes for the District of South Dakota. “South Dakota is fortunate to have many honest and dedicated health care providers who strive daily to provide high quality services. Dr. Asfora and his companies violated the trust that so many others have worked hard to earn.”
“Kickback dollars can corrupt the high quality medical care patients deserve and taxpayers fund,” said Special Agent in Charge Curt L. Muller of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “We have excluded Dr. Asfora and his two medical distributorships from receiving Medicare, Medicaid, and other federal health program dollars.”
This settlement also resolves Medical Designs’ and Sicage’s liability under CMS’ Open Payments Program, which was established by the Affordable Care Act and requires medical device companies to disclose to CMS physician ownership interests and certain payments or other transfers of value to a physician.
The civil settlement includes the resolution of claims that Drs. Carl Dustin Bechtold and Bryan Wellman brought under the qui tam or whistleblower provisions of the False Claims Act against Asfora and Medical Designs. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of any settlement. The qui tam case is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.). The whistleblowers will receive $880,000 of the settlement proceeds.
This settlement 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 South Dakota, with assistance from HHS-OIG. As a result of its efforts, the United States has recovered a total of more than $33 million relating to conduct involving Asfora, including a False Claims Act settlement with Sanford Health entities for $20.25 million in October 2019 and a False Claims Act and Open Payments settlement with Medtronic for $9.21 million in October 2020. This matter and the related matters were investigated by Trial Attorneys Christopher Terranova and Harin C. Song and Assistant U.S. Attorneys Meghan K. Roche and Ellie J. Bailey.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Former Union Official Sentenced for Violent ExtortionRead the Press Release
An Indiana man and former business agent of Iron Workers Local 395 was sentenced today to more than four years in prison for conspiracy to commit Hobbs Act extortion.
Thomas Williamson Sr., 70, of Schererville, pleaded guilty on Jan. 24, 2020. According to court documents, Williamson organized and led an assault on a group of non-union ironworkers as part of an attempt to obtain a contract to perform construction work on the Plum Creek Christian Academy, a school affiliated with the Dyer Baptist Church in Dyer, Indiana.
In January 2016, Williamson learned that a non-union ironworking company was performing work for the Dyer Baptist Church, which he considered to be in Local 395’s “territory.” On Jan. 6, 2016, Williamson visited the construction site and made threats to the workers to get them to stop work on the site. Upon being rebuffed, Williamson then visited the church and attempted to persuade church officials to use Local 395 for the project instead of the non-union workers.
The day after these efforts failed, Williamson returned to the construction site along with then-Local 395 president Jeffrey Veach and a group of rank-and-file union members. At Williamson’s direction, the union members executed a coordinated and brutal assault on the non-union workers, beating their victims with loose pieces of hardwood, punching them and kicking them. The attack left one of the non-union workers with a broken jaw that required several surgeries and prolonged hospitalization.
Veach also pleaded guilty to conspiracy to commit Hobbs Act extortion and was separately sentenced to 42 months in prison in September 2020. Under federal law, both Williamson and Veach will be barred from holding any union position for at least 13 years following the end of their prison sentences.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division made the announcement.
The FBI’s Indianapolis Field Office and the Department of Labor, Office of Inspector General, Chicago Regional Office investigated the case with assistance from the Dyer Police Department in Indiana.
Trial Attorneys Alexander Gottfried and Robert Tully of the Criminal Division’s Organized Crime and Gang Section prosecuted the case. Assistant Chief for Labor-Management Racketeering Gerald Toner provided invaluable assistance in the prosecution of this case. Through its Labor Unit, the Organized Crime and Gang Section supports federal criminal prosecution in cases involving labor-management relations, internal union affairs, and the operation of employee pension and health care plans.
Former Tennessee Correctional Officer Sentenced Following Staff Assault of InmateRead the Press Release
A former Tennessee correctional officer was sentenced Friday to two years in prison and two years of supervised release for his involvement in a staff assault of an inmate.
Jonathan York, a former Tennessee Department of Corrections (TDOC) Officer at the Northwest County Correctional Complex in Tiptonville, Tennessee, was sentenced April 30. During the federal investigation, six former TDOC officers ultimately pleaded guilty to federal offenses arising out of the assault of the inmate and the cover up that followed. York is the second of the six to be sentenced.
“The defendant was held accountable for abusing his power and for violating the public’s trust in him as a correctional officer,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “The Justice Department is committed to vigorously prosecuting all who commit civil rights violations.”
“The United States Attorney’s Office is committed to the prosecution of criminal civil rights violations committed by corrections officers, who have a responsibility to treat those in their custody in a manner consistent with the U.S. Constitution and federal civil rights statute,” said Acting U.S. Attorney Joseph C. Murphy Jr. for the Western District of Tennessee. “This case is an example of that commitment.”
"This sentencing should be a reminder that wearing a badge does not make one above the law,” said Acting Special Agent in Charge Matthew Foster of the FBI Memphis Field Office. “Law enforcement officers or any other government employees who abuse their authority and use unlawful force will be vigorously investigated and prosecuted. The FBI will always work to bring to justice those who violate the civil rights of others."
On June 9, 2020, York pleaded guilty to using unlawful force while acting under color of law and conspiring to cover up the incident. With his guilty plea, York admitted that, on Feb. 1, 2019, he and other correctional officers entered the cell of R.T., an inmate in the mental health unit. Inside the cell, York asked a fellow officer to cover the surveillance camera and he then punched R.T. Although R.T. did not pose a threat to the officers, York punched R.T. approximately 30 times. York then stood by and watched as two other correctional officers punched R.T. After the assault of R.T., York spoke with other correctional officers and they conspired to tell a false cover story about what happened to R.T.
This case was investigated by the Memphis Division of the FBI with the support of the TDOC, and was prosecuted by Trial Attorney Rebekah J. Bailey of the Civil Rights Division and Assistant U.S. Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
DEA and Partners Announce Results of 20th National Prescription Drug Take Back DayRead the Press Release
NEW ORLEANS – DEA’s National Prescription Drug Take Back Day collected 829,543 pounds (419.7 tons) of unused, expired, and unwanted medications across the country. The New Orleans Field Division (NOFD) collected 45,603 pounds of that grand total. Americans once again showed their dedication toward helping prevent addiction and potential overdose by removing prescription pills from their homes. Our April event included 4,425 community partners at 5,060 collection sites throughout the country.
“DEA’s biannual Take Back Day events are critical to helping reduce overdose deaths and alleviate addiction by safely disposing of prescription medications that sit idle in the home,” said DEA Acting Administrator D. Christopher Evans. “DEA is committed to providing a safe and secure method for the public to rid their homes of potentially dangerous drugs.”
DEA Special Agent in Charge Brad L. Byerley said, “DEA’s National Prescription Drug Take Back Day events continue to remove even-higher amounts of opioids and other medicines from the nation’s homes, where they could be stolen or abused. Residents in this region took a vital step in reducing the risk of prescription drug diversion by turning in over 45,600 pounds of medications. DEA thanks the citizens and community partners for their vast support in this crucial event.”
DEA, along with its law enforcement partners, has now collected 14,670,240 million pounds of medications since the inception of the National Prescription Drug Take Back Initiative in 2010. On Oct. 24, 2020, the public turned in a record 985,392 pounds – almost 493 tons – of medication to DEA and 4,153 of its community partners at 4,587 collection sites nationwide, including 33 Bureau of Indian Affairs sites.
DEA’s NOFD, which covers Louisiana, Mississippi, Alabama and Arkansas, collected 45,603 pounds of potentially dangerous expired, unused and unwanted prescription drugs for disposal at collection sites throughout the division. The amounts collected for each state within the division
was the following: Louisiana – 6,050 pounds; Mississippi –5,748 pounds; Alabama – 5,100 pounds; and Arkansas – 28,705 pounds.For those who could not make it to a Take Back location, DEA reminds the community that every day is Take Back Day with more than 11,000 year-round authorized collection sites across the country. For more information, visit: https://apps2.deadiversion.usdoj.gov/pubdispsearch/spring/main?execution=e1s1.
DEA also encourages the public to reach out to their local law enforcement to find out if they have any permanent drug disposal locations throughout their local community.
Complete results for DEA’s April 2021 Take Back Day are available at www.deatakeback.com.
Photos and video from Take Back Day are available at https://flic.kr/s/aHsmVkw4ra.
Justice Department Announces the Opening of Nominations for the Fifth Annual Attorney General’s Award for Distinguished Service in Community PolicingRead the Press Release
U.S. Attorney General Merrick B. Garland today announced the Department of Justice is now accepting nominations for the Fifth Annual Attorney General’s Award for Distinguished Service in Community Policing. These awards represent part of the Department of Justice’s on-going commitment to support the nation’s law enforcement officers who put their lives on the line every day to keep our communities safe.
“Effective community policing builds trust between law enforcement officers and those they serve, and that trust helps to improve public safety,” said Attorney General Garland. “These awards honor the exceptional dedication and hard work of law enforcement officers who have gone above and beyond in the performance of their duties, and departments that have excelled in their community policing efforts. Policing is a difficult job, for which extraordinary efforts often go unnoticed, and the Department of Justice is proud to publicly recognize these exemplars of community policing.”
The Attorney General’s Award recognizes individual state, local and tribal sworn, rank- and-file police officers and deputies for exceptional efforts in community policing. The awarded officers, deputies and troopers will have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in policing. Within each category, an award will be given to law enforcement agencies serving small, medium, and large jurisdictions. Those agency sizes are defined as:
- Small: agencies serving populations of fewer than 50,000
- Medium: agencies serving populations of 50,000 to 250,000
- Large: agencies serving populations of more than 250,000
By acknowledging and rewarding these efforts, the department strives to promote and sustain its national commitment to community policing and to advance proactive policing practices that are fair and effective. With the Attorney General’s Award for Distinguished Service in Community Policing, the Office of the Attorney General recognizes that the nation’s law enforcement agencies, officers, deputies, and troopers continue to work tirelessly to keep our communities safe places to live and work.
The deadline for nominations is May 28, 2021, at 8 p.m. EDT. More information and the application for nominees can be found at: https://www.justice.gov/ag/policing-award.
Federal Court Shuts Down Florida Tax Return PreparerRead the Press Release
Today, a federal court in Fort Pierce, Florida, permanently barred a Florida tax return preparer from preparing federal tax returns for others.
According to the complaint, Brandhi Shaw prepared tax returns in Belle Glade, Florida, at Premier Financial Services and Premium Financial Solutions. The complaint alleges that Shaw prepared tax returns that purposefully understated the tax her customers owed or overstated the refunds they were entitled to claim. For example, Shaw allegedly prepared tax returns for customers that fabricated business expenses of over $40,000 in one case and over $20,000 in expenses plus over $22,000 in costs of goods sold in another.
The civil injunction order, to which Shaw agreed, was signed by Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer and has launched a free directory of federal tax preparers. In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
SAP Admits to Thousands of Illegal Exports of its Software Products to Iran and Enters into Non-Prosecution Agreement with DOJRead the Press Release
Note: A full copy of the non-prosecution agreement can be viewed
here.To learn more about what the Justice Department is doing to deter and hold to account those who violate export controls and sanctions laws, visit www.justice.gov/nsd. A full copy of the Voluntary Self Disclosure (VSD) Policy can be found here.
WASHINGTON – Software company, SAP SE, headquartered in Walldorf, Germany, has agreed to pay combined penalties of more than $8 million as part of a global resolution with the U.S. Departments of Justice (DOJ), Commerce and Treasury. In voluntary disclosures the company made to the three agencies, SAP acknowledged violations of the Export Administration Regulations and the Iranian Transactions and Sanctions Regulations. As a result of its voluntary disclosure to DOJ, extensive cooperation and strong remediation costing more than $27 million, DOJ’s National Security Division (NSD) and the U.S. Attorney’s Office for the District of Massachusetts entered into a Non-Prosecution Agreement with SAP. Pursuant to that agreement, SAP will disgorge $5.14 million of ill-gotten gain.
“Today’s first-ever resolution pursuant to the Department’s Export Control and Sanctions Enforcement Policy for Business Organizations sends a strong message that businesses must abide by export control and sanctions laws, but that when they violate those laws, there is a clear benefit to coming to the Department before they get caught,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “SAP will suffer the penalties for its violations of the Iran sanctions, but these would have been far worse had they not disclosed, cooperated, and remediated. We hope that other businesses, software or otherwise, we heed this lesson.”
“Today, SAP has admitted to thousands of export violations spanning six years that violated the U.S. embargo against Iran and endangered the national security of the United States,” said Acting U.S. Attorney Nathaniel Mendell for the District of Massachusetts. “This settlement should serve as a strong deterrent message to others that the release of software and sale of product and services on the internet are subject to U.S. export laws and regulations.”
“This action demonstrates that the Office of Export Enforcement will continue to leverage our unique authorities to enforce our nation’s export control laws and to deter new violations. Violators of the EAR will be held accountable through criminal or civil penalties, or both when appropriate,” said Special Agent in Charge William Higgins for the Commerce Department’s Office of Export Enforcement, Boston Field Office. “These laws are designed to protect U.S. Foreign Policy and National Security and will be vigorously investigated.”
“By supplying Iran with millions of dollars’ worth of illegally exported software and services, SAP circumvented U.S. economic sanctions against Iran—pressure that is intended to end Iran’s malign behavior. However, it was SAP that first uncovered and reported this sanctions violation, and we would like to thank them for working hard to enhance their compliance program to prevent future violations,” said Special Agent in Charge Joseph R. Bonavolonta for the FBI’s Boston Division. “Let this case be a lesson to others that it’s better to self-report and own up to one’s mistakes than undermine U.S. foreign policy and adversely affect our national security.”
“Among HSI’s priorities is the commitment to ensuring that sensitive U.S. products, to include software, are not illegally exported to embargoed destinations, such as Iran,” said Acting Special Agent in Charge William S. Walker for Homeland Security Investigations, Boston. “It will continue to be incumbent upon U.S. companies to guarantee that foreign subsidiaries dealing in their products remain in compliance with U.S. sanctions and export control regulations. HSI will continue to coordinate with our law enforcement partners to safeguard sensitive technologies produced in the United States from ending up in the hands of our adversaries.”
Beginning in approximately January 2010 through approximately September 2017, SAP, without a license, willfully exported, or caused the export, of its products to Iranian users. SAP’s violations occurred in two principle ways.
First, between 2010 and 2017, SAP and its overseas partners released U.S-origin software, including upgrades or software patches more than 20,000 times to users located in Iran. Certain SAP senior executives were aware that neither the company nor its U.S.-based content delivery provider used geolocation filters to identify and block Iranian downloads, yet for years the company did not remedy the issue. The vast majority of the Iranian downloads went to 14 companies, which SAP partners in Turkey, United Arab Emirates, Germany and Malaysia knew were Iranian-controlled front companies. The remaining downloads went to several multinational companies with operations in Iran, which downloaded SAP’s software, updates, or patches from locations in Iran.
Second, from approximately 2011 to 2017, SAP’s Cloud Business Group companies (CBGs) permitted approximately 2,360 Iranian users to access U.S.-based cloud services from Iran. Beginning in 2011, SAP acquired various CBGs and became aware, through pre-acquisition due diligence as well as post-acquisition export control-specific audits, that these companies lacked adequate export control and sanctions compliance processes. Yet, SAP made the decision to allow these companies to continue to operate as standalone entities after acquiring them and failed to fully integrate them into SAP’s more robust export controls and sanctions compliance program.
While this conduct constituted serious violations of U.S. law involving the release of U.S. origin technology and software through cloud servers and online portals, this Non-Prosecution Agreement recognizes the importance of voluntary self-disclosure and cooperation with the government. DOJ and the District of Massachusetts reached this resolution with SAP based upon its voluntary self-disclosure as well as SAP’s extensive internal investigation and cooperation over a three-year period. During this time, SAP worked with prosecutors and investigators, producing thousands of translated documents, answering inquiries and making foreign-based employees available for interviews in a mutually agreed upon overseas location. SAP also timely remediated and implemented significant changes to its export compliance and sanctions program, spending more than $27 million on such changes over the last four years, including, among other things detailed in the NPA: (1) implementing GeoIP blocking; (2) deactivating thousands of individuals users of SAP cloud based services based in Iran; (3) transitioning to automated sanctioned party screening of its CBGs; (4) auditing and suspending SAP partners that sold to Iran-affiliated customers; and (5) hiring of experienced U.S.-based export controls staff, and (6) conducting more robust due diligence at the acquisition stage by requiring new acquisitions to adopt GeoIP blocking and requiring involvement of the Export Control Team before acquisition.
Concurrently with this agreement, SAP is entering into administrative agreements with the Department of Commerce, Bureau of Industry and Security (BIS) and the Department of the Treasury, Office of Foreign Assets Control (OFAC). Among other things, the BIS settlement agreement requires SAP to conduct internal audits of its compliance with U.S. export control laws and regulations and produce audit reports to BIS for a period of three years.
The Department encourages companies to voluntarily self-disclose all potentially willful violations of the statutes implementing the U.S. government’s primary export control and sanctions regimes — the Arms Export Control Act (AECA), the Export Control Reform Act (ECRA), and the International Emergency Economic Powers Act (IEEPA), — directly to NSD. The VSD Policy, absent aggravating factors, creates a presumption in favor of a non-prosecution agreement and limits any monetary payment to an amount equal to the gains from the illegal conduct.
Deputy Chief of Export Controls and Sanctions Elizabeth Cannon and Senior Trial Attorney Heather Schmidt for NSD’s Counterintelligence and Export Controls Section, and Assistant U.S. Attorney B. Stephanie Siegmann, Chief of District of the Massachusetts’ National Security Unit oversaw the investigation and negotiated this agreement.
Law Firms Representing Purdue Pharma Agree to Relinquish $1 Million in Settlement with U.S. Trustee ProgramRead the Press Release
The Department of Justice’s U.S. Trustee Program (USTP) has entered into a settlement with three law firms representing Purdue Pharma (Purdue) in its ongoing bankruptcy cases. The firms are Skadden, Arps, Slate, Meagher & Flom LLP; Wilmer Cutler Pickering Hale and Dorr LLP; and Dechert LLP (the Firms).
The settlement, which is subject to approval by the Bankruptcy Court for the Southern District of New York, resolves the USTP’s concerns about the adequacy of the Firms’ disclosures in the Purdue bankruptcy cases. Under the settlement, the Firms, collectively, will relinquish $1 million in fees earned in the cases and are required to supplement their prior disclosures so that the court and other parties can make a determination as to their sufficiency.
According to the USTP, the Firms failed to adequately disclose a Joint Defense and Common Interest Agreement (the Agreement) between Purdue and the Sackler families that created obligations for the Firms to the Sacklers related to the defense against hundreds of lawsuits involving potentially billions of dollars of liability related to the manufacture, sale, and distribution of the prescription pain medication OxyContin. During the course of the bankruptcy cases, Purdue invoked the Agreement to avoid turning over documents to the official committee of unsecured creditors as it conducted its review of the debtors’ conduct.
“These disclosure violations are particularly concerning because a central question in these cases has been the independence of Purdue from the Sackler families,” said USTP Director Cliff White. “This agreement reflects the USTP’s ongoing efforts to police law firms and other bankruptcy professionals who fail to disclose connections that may raise questions about their ability to perform their duties free of conflicts of interest.”
Due to the multiplicity of interests in a bankruptcy case, the Bankruptcy Code and Bankruptcy Rule 2014 mandate that law firms and other professional firms disclose their connections to other parties in a case. The USTP reviews applications to employ firms that seek payment from a chapter 11 bankruptcy estate under sections 327 and 1103 of the Bankruptcy Code and advocates for strict compliance with the law to ensure that the interests of all stakeholders are protected. Where there has been a failure to disclose a connection in an application, even when inadvertent, the bankruptcy court may remedy the failure to disclose by, among other remedies, requiring all or part of the fees earned by counsel to be disgorged. In this settlement, the parties have agreed to disgorgement.
The USTP’s work on this matter has been handled by U.S. Trustee William Harrington, Assistant U.S. Trustee Linda Riffkin, Associate General Counsel for Chapter 11 Practice Nan Eitel, and Trial Attorney Paul Schwartzberg.
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The Program has 21 regions and 90 field office locations. Learn more information on the Program at: https://www.justice.gov/ust.
Former West Virginia Law Enforcement Officer Charged with Federal Civil Rights OffenseRead the Press Release
A federal grand jury in West Virginia returned an indictment Tuesday charging a former West Virginia police officer with a civil rights offense against an arrestee.
According to court documents, Everett Maynard, 44, was indicted Tuesday by a federal grand jury in Charleston for using excessive force against an arrestee while Maynard was a police officer with the Logan, West Virginia, Police Department.
The indictment charges Maynard with one count of deprivation of rights under color of law. The indictment alleges that Maynard used unreasonable force when he assaulted arrestee R.W., resulting in bodily injury to R.W.
The count carries a maximum penalty of 10 years of imprisonment.
Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division; Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia; and Acting Special Agent in Charge Carlton Peeples of the FBI Pittsburgh Field Office made the announcement.
This case was investigated by the Charleston Resident Agency of the FBI Pittsburgh Field Office with the support of the West Virginia State Police and is being prosecuted by Trial Attorney Kathryn E. Gilbert of the Civil Rights Division and Assistant U.S. Attorney Nowles Heinrich.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Louisiana Police Officer Indicted for Assaulting an ArresteeRead the Press Release
A federal grand jury in Shreveport, Louisiana, returned an indictment charging a former Shreveport police officer with assaulting an arrestee in Caddo Parish.
According to court documents, on Aug. 5, 2019, defendant Dylan Hudson, 34, while acting in his official capacity as an officer of the Shreveport Police Department, used unreasonable force against an arrestee by punching him in the face and head, kneeing him in the stomach, tasing him in the neck and head, pistol-whipping him in the head, slamming his head into the ground, and kicking him in the face. The indictment further alleges that Hudson’s assault caused bodily injury to the arrestee, and that the assault involved the use of dangerous weapons (a Taser, a pistol, and a shod foot).
The one-count indictment charges Hudson with willfully depriving an individual of his right to be free from the use of unreasonable force during an arrest.
Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Alexander C. Van Hook for the Western District of Louisiana and FBI New Orleans Special Agent in Charge Daniel R. Genck made the announcement.
If convicted, Hudson faces a maximum sentence of 10 years in prison, three years of supervised release, and a fine of up to $250,000.
The case is being investigated by the FBI New Orleans Field Office and is being prosecuted by Trial Attorney Thomas Johnson of the Civil Rights Division and Assistant U.S. Attorney Mary Mudrick of the Western District of Louisiana.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty.
Two Texas Men Plead Guilty in Odometer Fraud SchemeRead the Press Release
Two Texas men pleaded guilty today to for their roles in an odometer tampering scheme.
According to court documents, Nepthali Luna, 61, of San Antonio, pleaded guilty to one count of conspiracy to make false odometer statements and commit securities fraud, while his son, Devon Luna, 36, also of San Antonio, pleaded guilty to two counts of making false odometer statements and two counts of securities fraud.
As part of their plea agreements, the defendants admitted that between 2016 and 2018, they engaged in a scheme to sell high-mileage, used vehicles with false, low mileage readings entered on the vehicles’ odometers, titles and odometer disclosure statements. According to court filings, Devon Luna purchased high-mileage vehicles through his company, Pioneer Auto Finance. The defendants then caused the vehicles’ odometers and titles to reflect false, low mileages, and they sold the vehicles for inflated prices to unwitting consumers.
“The Department of Justice remains steadfast in its commitment to protect consumers against deceptive practices, including odometer fraud schemes,” said Acting Assistant Attorney General Brian Boynton of the Justice Department's Civil Division. “Consumers are entitled to truthful information about the vehicles they purchase, including the amount of miles that a used vehicle has been driven.”
In pleading guilty, the Lunas admitted that they caused at least 225 vehicles to be sold with “rolled back” odometers. The defendants admitted that the scheme resulted in consumer losses of more than $550,000.
Both defendants are scheduled to be sentenced on Aug. 3, 2021. Nepthali Luna faces a maximum sentence of five years in prison on the conspiracy charge. Devon Luna faces a maximum penalty of 10 years in prison on the securities fraud charges and three years on the false odometer statement charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The National Highway Traffic Safety Administration Office of Odometer Fraud Investigation (NHTSA), assisted by the San Antonio Police Department, investigated the case.
Trial Attorney Arturo DeCastro of the Civil Division’s Consumer Protection Branch is prosecuting the case with assistance from the U.S. Attorney’s Office for the Western District of Texas.
NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually. Individuals with information relating to odometer tampering should call NHTSA’s odometer fraud hotline at (800) 424-9393 or (202) 366-4761. More information on odometer fraud is available on the NHTSA website at https://www.nhtsa.gov/odometer-fraud and tips on detecting and avoiding odometer fraud are available at www.nhtsa.gov/staticfiles/nvs/pdf/811284.pdf.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Texas, visit https://www.justice.gov/usao-wdtx.
Two Huntsville Men Charged with Multiple Robberies in North AlabamaRead the Press Release
HUNTSVILLE, Ala. – A federal grand jury returned a 24-count indictment yesterday, charging two Huntsville men with committing a string of armed robberies across North Alabama, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.
According to the indictment, between August and October of 2019, Terrence Warren Jackson, 43, and Deonte Marquish Eddins, 25, committed 11 armed robberies at businesses across North Alabama. Jackson and Eddins robbed Family Dollar, Dollar General, MetroPCS, Verizon Wireless, and two GameStop stores. In a span of six days in October 2019, Jackson robbed Verizon Wireless, Marco’s Pizza, MetroPCS, and two GameStop stores. The indictment also charges the pair with brandishing a firearm and being felons in possession of a firearm.
The Hobbs Act prohibits actual or attempted robbery that affects interstate commerce and that involves the taking of property from another person by means of actual or threatened force or violence. If convicted of a Hobbs Act Robbery, the defendants face a maximum of 20 years in prison. If convicted of brandishing a firearm during and in relation to a violent crime, the defendants face a mandatory minimum of seven years in prison per count, to be served consecutively to any other sentence imposed for the crime. If convicted of being a felon in possession of a firearm, the defendants face a maximum of ten years in prison.
The FBI Violent Crimes Task Force, assisted by local law enforcement, investigated the case. Assistant U.S. Attorney Mary Stuart Burrell is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Three Georgia Men Charged with Federal Hate Crimes and Attempted Kidnapping in Connection with the Death of Ahmaud ArberyRead the Press Release
Three Georgia men were indicted today by a federal grand jury in the Southern District of Georgia and charged with hate crimes and the attempted kidnapping of Ahmaud Arbery. The indictment also charges two of the men with separate counts of using firearms during that crime of violence.
Travis McMichael, 35; Travis’s father, Gregory McMichael, 65; and William “Roddie” Bryan, 51, were each charged with one count of interference with rights and with one count of attempted kidnapping. Travis and Gregory McMichael were also charged with one count each of using, carrying, and brandishing—and in Travis’s case, discharging—a firearm during and in relation to a crime of violence.
Counts One and Two of the indictment allege that the defendants used force and threats of force to intimidate and interfere with Arbery’s right to use a public street because of his race. Specifically, Count One of the indictment alleges that as Arbery was running on a public street in the Satilla Shores neighborhood of Brunswick, Georgia, Travis and Gregory McMichael armed themselves with firearms, got into a truck, and chased Arbery through the public streets of the neighborhood while yelling at him, using their truck to cut off his route, and threatening him with firearms. Count One also alleges that the offense resulted in Arbery’s death. Count Two alleges that William “Roddie” Bryan joined the chase and used his truck to cut off Arbery’s route.
In addition to the hate-crime charges, Count Three alleges that all three defendants attempted to unlawfully seize and confine Arbery by chasing after him in their trucks in an attempt to restrain him, restrict his free movement, corral and detain him against his will, and prevent his escape. Counts Four and Five allege that during the course of the crime of violence charged in Count One, Travis used, carried, brandished, and discharged a Remington shotgun, and Gregory used, carried, and brandished a .357 Magnum revolver.
All three defendants have also been charged in a separate state proceeding with malice murder, felony murder, aggravated assault, false imprisonment, and criminal attempt to commit a felony. No trial date has been set for the state case.
The announcement was made by Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department's Civil Rights Division, Acting U.S. Attorney David Estes of the Southern District of Georgia, and Special Agent in Charge J.C. Hacker of the FBI.
This case was investigated by both the Federal Bureau of Investigation and the Georgia Bureau of Investigation and is being prosecuted by Assistant United States Attorney Tara Lyons of the Southern District of Georgia, and Deputy Chief Bobbi Bernstein and Special Litigation Counsel Christopher J. Perras of the Civil Rights Division.
An indictment is a formal accusation of conduct, not evidence of guilt. A defendant is presumed innocent unless and until proven guilty.
Two California Men Indicted in Hate Crimes Case Alleging They Attacked Family-Owned Restaurant and Threatened to Kill the Victims InsideRead the Press Release
A federal grand jury in Los Angeles has indicted two Los Angeles-area men on conspiracy and hate crime offenses for allegedly attacking five victims at a family-owned Turkish restaurant while shouting anti-Turkish slurs, hurling chairs at the victims and threatening to kill them.
The indictment was unsealed today following the arrest this morning of Harutyun Harry Chalikyan, 23, of Tujunga, who is scheduled to be arraigned this afternoon in U.S. District Court in Los Angeles.
The second defendant in the case – William Stepanyan, 23, of Glendale – is currently in state custody and is expected to appear in federal court in this case in the coming weeks.
Chalikyan and Stepanyan, both of whom are Armenian-American, are charged with one count of conspiracy and five hate crimes.
According to the indictment, Stepanyan sent a text message on Nov. 4, 2020, saying that he planned to go “hunting for [T]urks.” Later that day, Stepanyan met with Chalikyan and other Armenian-Americans to protest what they considered to be Turkish aggression against Armenians, express their contempt for Turkey and show their support for Armenia.
Stepanyan, Chalikyan and other Armenian-Americans then drove to the family-owned restaurant, where Stepanyan and Chalikyan stormed into the restaurant and attacked the victims inside, the indictment alleges. Stepanyan and Chalikyan, who were both wearing masks during the attack, allegedly flung chairs at the victims while shouting derogatory slurs about Turkish people. Four of the five victims were of Turkish descent.
The indictment further alleges that at least one of the defendants threatened to kill the victims, shouting: “We came to kill you! We will kill you!”
During the attack, multiple victims were injured, including one individual who lost feeling in their legs and collapsed multiple times due to the injury, the indictment states. After the victims escaped, Stepanyan and Chalikyan allegedly continued to destroy the restaurant, ultimately causing over $20,000 in damage, forcing the restaurant to close temporarily and causing thousands of dollars in lost revenue.
If convicted, Stepanyan and Chalikyan each would face a maximum penalty of 10 years in prison for the hate crime charges and five years in prison for the conspiracy charge.
The FBI conducted the investigation in this matter and received substantial assistance from the Beverly Hills Police Department.
Assistant United States Attorney Lindsey Greer Dotson of the Public Corruption and Civil Rights Section, and Trial Attorney Michael J. Songer of the Justice Department’s Civil Rights Division are prosecuting the case.
An indictment is merely an allegation, and the defendants are presumed innocent unless proven guilty in a court of law.
Readout of U.S. Attorney General Merrick B. Garland’s Call with Mexico Attorney General Alejandro Gertz ManeroRead the Press Release
WASHINGTON - U.S. Attorney General Merrick B. Garland spoke Monday afternoon by phone with Mexico Attorney General Alejandro Gertz Manero. The two leaders affirmed their commitment to work together to address law enforcement matters that impact the people and communities of the United States and Mexico. In particular, the Attorneys General discussed the need to continue bilateral cooperation to fight organized and transnational crime, and to disrupt the supply chains of illegal and illicit drugs. Other areas to further strengthen bilateral cooperation were also highlighted, including firearms tracking, illicit finance, and human smuggling and traffickers.
North Carolina Woman Sentenced for Production and Distribution of Child PornographyRead the Press Release
A North Carolina woman was sentenced Monday to 50 years in prison followed by 20 years of supervised release for production and distribution of child pornography.
Alyson Brooke Saunders, 25, of Greensboro, pleaded guilty to one count of production of child pornography and one count of distribution of child pornography on Nov. 5, 2020. According to court documents, in or about January and February 2019, while employed at a day care facility in the Middle District of North Carolina, Saunders admitted to using five minor victims in her care to create sexually explicit images and videos, including some in which she also engaged in hands-on sexual abuse of some of the children. The defendant then sent these images and videos to an online co-conspirator, with the knowledge that he intended to post them on the internet.
“The defendant in this case exploited her position as a caregiver to produce sexually explicit images of vulnerable young children with the purpose of providing the images to a co-conspirator,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “Thanks to a proactive investigation by our law enforcement partners and the department’s continued commitment to combatting child sexual exploitation, the defendant was apprehended and received a significant penalty for her heinous crimes.”
“When people in positions of trust and responsibility exploit children it not only steals the child’s innocence, it can also teach them not to trust any more, which can cause lifelong trauma,” said Special Agent in Charge Ronnie Martinez of Homeland Security Investigations (HSI) North Carolina. “Thanks to the great work done by HSI and its law enforcement partners, this predator will no longer be able to victimize children or spread those disturbing images”
HSI in Winston-Salem investigated the case with assistance from the North Carolina State Bureau of Investigations.
Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Cameroonian Citizen Extradited from Romania to Face Covid-19-Related Fraud ChargesRead the Press Release
A citizen of Cameroon was extradited to the U.S. yesterday to face federal charges for his alleged involvement in a fraud scheme perpetrated against American consumers.
Desmond Fodje Bobga, 28, made his initial appearance in federal district court in Pittsburgh, Pennsylvania, today. He was extradited from Romania. Bobga is charged with conspiracy to commit wire fraud, wire fraud, forging a seal of the U.S. Supreme Court, and aggravated identity theft.
According to the charges, from around June 2018 to around June 2020, Bobga knowingly conspired with others to offer puppies and other animals for sale on internet websites. He and others communicated by text message and email with potential victims to induce purchases. Following each purchase, Bobga and co-conspirators claimed that a transportation company would deliver the puppy or other animal and provided a false tracking number for the pet. Bobga and his co-conspirators, acting as the transportation company, then claimed the pet transport was delayed and that the victim needed to pay additional money for delivery of the pet.
Bobga and co-conspirators told some victims that they needed to pay more money for delivery because the pet had been exposed to the coronavirus. The perpetrators used false promises and bogus documents regarding shipping fees and coronavirus exposure to extract successive payments from victims. Among the fake documents were a “Refundable Crate and Vaccine Guarantee Document” that purported to have been issued by the “Supreme Court of the United States of America” and bore the seal of the Court, along with the signature of a Clerk of the Court. After Bobga and the co-conspirators received money directly and indirectly through wire communications from the victims, they never delivered the pets.
“The Department of Justice is committed to prosecuting fraud schemes that take advantage of American consumers, including schemes that seek to exploit the COVID-19 pandemic,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department's Civil Division. “We are grateful to the U.S. Attorney’s Office in the Western District of Pennsylvania and to the FBI for their partnership on this matter, and we greatly appreciate the efforts of Romanian law enforcement.”
“From across the globe, Desmond Fodje Bobga and his co-conspirators callously exploited consumers who were seeking the companionship of a pet to alleviate the isolation and stress caused by the COVID pandemic,” said Acting U.S. Attorney Stephen R. Kaufman for the Western District of Pennsylvania. “Today he stands before the court in Pittsburgh to face justice.”
“Mr. Bobga created false websites to advertise puppies or other animals, communicated with customers in the U.S., obtained payment and then provided nothing in return,” said FBI Pittsburgh Acting Special Agent in Charge Carlton Peeples. “His extradition to Western Pennsylvania to face these accusations sends a message to others looking to exploit victims in the U.S. that the FBI will stop at nothing to find you and put a stop to these scams.”
The criminal charges detail the alleged dealings of Bobga and his co-conspirators with victims in Western Pennsylvania and elsewhere. For example:
- One victim, of New Brighton, Pennsylvania, was seeking to purchase a mini-dachshund for her mother in mid-March of 2020. Victim 1 was induced to lose $9,100 due to false claims that the puppy was being shipped, needed insurance, and was exposed to COVID-19;
- Another victim, of Fruitland, Iowa, was seeking to purchase a mini-dachshund for herself in mid-March of 2020. False claims induced Victim 2 to lose $1,840; and
- A couple in Dallas, Texas, who were seeking to purchase a dog and lost $1,800, were induced to make successive payments based on claims about transportation issues and other matters.
The criminal charges include a reference to a website, lovelyhappypuppy.com, to which Bobga allegedly directed numerous victims to view puppies that he fraudulently claimed to sell:
The wire fraud conspiracy and wire fraud charges provide for a sentence of up to 20 years in prison. Forging of seal provides for a maximum sentence of five years in prison. Aggravated identity theft provides for a mandatory two years in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The prosecution is being handled by Assistant U.S. Attorney Ira M. Karoll of the Western District of Pennsylvania and Wei Xiang of the Civil Division’s Consumer Protection Branch.
The FBI Pittsburgh Field Office conducted the investigation leading to the charges in this case. The Justice Department’s Office of International Affairs provided substantial assistance. Law enforcement authorities in Romania, including the Romanian National Police, Directorate for Combating Organized Crime and the Cluj Brigade for Combating Organized Crime, provided significant cooperation.
If you believe you are a victim in this case and would like to opt-in to receive notifications or if you have any questions about your rights, please contact the Victim Witness Coordinator at 412-894-7400 or through our website (https://www.justice.gov/usao-wdpa/webform/contact-victim-witness-coordinator).
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
New Jersey Man Indicted for Tax Evasion and Not Filing Tax ReturnsRead the Press Release
A federal grand jury in Newark, New Jersey, returned an indictment on April 1, 2021, charging a Springfield man with tax evasion and willful failure to file individual income tax returns.
According to the indictment, Jonathan Michael was a mechanic employed by a company engaged in managing the operations of a port in New Jersey. From 2014 through 2018, Michael allegedly earned over $1.6 million in income from all sources, including the port-operating company. In February 2014, as alleged in the indictment, Michael submitted an IRS Form W-4, “Employee’s Withholding Allowance Certificate,” to the port-operating company that falsely claimed he was exempt from federal income tax withholding. The indictment further alleges that Michael willfully did not file federal individual income tax returns for 2014 through 2018, despite having a legal obligation to do so.
Michael is charged with one count of tax evasion and five counts of willful failure to file tax returns. The defendant made his initial court appearance today before a U.S. Magistrate Judge in the U.S. District Court for the District of New Jersey. If convicted, he faces a maximum sentence of five years in prison for the tax evasion and one year in prison for each failure to file count. 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 and Acting U.S. Attorney Rachael A. Honig for the District of New Jersey made the announcement.
The IRS-Criminal Investigation is investigating the case.
Trial Attorney Michael C. Vasiliadis of the Tax Division and Assistant U.S. Attorney Matthew F. Nikic of the U.S. Attorney’s Office for the District of New Jersey are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former South Carolina Sheriff and Former Deputies Convicted of Conspiracy, Misuse of Funds, and Other OffensesRead the Press Release
A federal jury convicted a former South Carolina sheriff and two of his former deputies of conspiracy and a range of other charges, such as deprivation of civil rights during an unlawful arrest, falsification of records, and various charges relating to their misuse of funds and personnel.
According to court documents and evidence presented at trial, former Sheriff of Chester County, South Carolina, George Alexander Underwood, 57, of Chester, former Chester County Sheriff’s Office Chief Deputy Robert Andrew Sprouse, 46, of Ridgeway, and former Chester County Sheriff’s Office Lieutenant Johnny Ricardo Neal Jr., 41, of Lancaster, conspired to use their positions to enrich themselves by obtaining money to which they were not entitled, cover up their misconduct, and obstruct investigations into their misconduct. Evidence showed Underwood and Sprouse violated the rights of a Chester County resident, K.S., who was filming the Sheriff’s Office’s response to a crash scene on Nov. 20, 2018, by arresting him without probable cause. When the FBI began investigating these civil rights violations, Sprouse and Neal tried to cover up what happened by creating a false incident reports and Sprouse made false statements to the FBI.
Additionally, court documents and evidence presented at trial showed the three defendants directed on-duty Sheriff’s Office employees to provide manual labor or other services that personally benefited Underwood and Sprouse, including requiring them to help with extensive renovations of a barn on Underwood’s property in order to add a bar, a television viewing area, and other amenities. Underwood and Sprouse took family members on a trip to a conference in Reno, Nevada, and charged the cost to the Sheriff’s Office. Underwood and Neal also engaged in a scheme in which they skimmed money from payments owed to other Sheriff’s Office employees for off-duty work at public safety checkpoints.
Underwood, Sprouse, and Neal were removed from their positions with the Chester County Sheriff’s Office in approximately May 2019 after they were initially indicted by a federal grand jury.
Underwood was convicted of conspiracy, deprivation of rights, federal program theft, and wire fraud. Sprouse was convicted of conspiracy, falsification of records, false statements, and federal program theft. Neal was convicted of conspiracy, deprivation of rights, falsification of records, federal program theft, and wire fraud. A sentencing date has not yet been set. Each defendant faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division made the announcement.
The FBI investigated the case. The Office of the Attorney General of South Carolina and the South Carolina Law Enforcement Division aided the investigation.
Trial Attorneys William M. Miller and Rebecca M. Schuman of the Criminal Division’s Public Integrity Section are prosecuting the case. The U.S. Attorney’s Office for the District of South Carolina investigated and initially indicted the case.
Department of Justice Announces Investigation of the Louisville/Jefferson County Metro Government and Louisville Metro Police DepartmentRead the Press Release
Attorney General Merrick B. Garland announced today that the Department of Justice has opened a pattern or practice investigation into the Louisville/Jefferson County Metro Government (Louisville Metro) and the Louisville Metro Police Department (LMPD). The investigation will assess all types of force used by LMPD officers, including use of force on individuals with behavioral health disabilities or individuals engaged in activities protected by the First Amendment. The investigation will assess whether LMPD engages in discriminatory policing, and also whether it conducts unreasonable stops, searches, seizures, and arrests, both during patrol activities and in obtaining and executing search warrants for private homes. The investigation will include a comprehensive review of LMPD policies, training, and supervision, as well as LMPD’s systems of accountability, including misconduct complaint intake, investigation, review, disposition, and discipline.
“There are approximately 18,000 federal, state, and local law enforcement agencies in this country. In each one, dedicated officers put themselves in harm’s way to protect others,” said Attorney General Garland. “Promoting public trust between communities and law enforcement is essential to making both communities and policing safer. Our enforcement efforts, as well as our grant-making and other support, will contribute to achieving that end and to protecting the civil rights of everyone in our country.”
Department of Justice officials informed Louisville Mayor Greg Fischer, LMPD Chief Erika Shields, County Attorney Mike O’Connell, and Louisville Metro Council President David James of the investigation. As part of this investigation, the Department of Justice will reach out to community groups and members of the public to learn about their experiences with LMPD.
“The Constitution and federal law require law enforcement officers to treat all people fairly and equitably, regardless of race, disability, or participation in protected First Amendment activities,” said Pamela S. Karlan, Principal Deputy Assistant Attorney General for the Civil Rights Division. “The investigation we are announcing today will examine whether these laws are being violated, while also analyzing the root causes of any violations we may find.”
The investigation is being conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994 which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The Act allows the Department of Justice to remedy such misconduct through civil litigation. The department will be assessing law enforcement practices under the First, Fourth, and Fourteenth Amendments to the U.S. Constitution, as well as under the Safe Streets Act of 1968 Title VI of the Civil Rights Act of 1964 and Title II of the Americans with Disabilities Act.
The investigation will be led by the department’s Civil Rights Division and conducted by career attorneys and staff in the Civil Rights Division and in the Civil Division of the U.S. Attorney’s Office for the Western District of Kentucky. Individuals with relevant information are encouraged to contact the Department of Justice via email at [email protected] or by phone at 1-844-920-1460. Individuals can also report civil rights violations regarding this or other matters using the Civil Rights Division’s reporting portal, available at www.civilrights.justice.gov.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the Western District of Kentucky is available at https://www.justice.gov/usao-wdky.
Information specific to the Civil Rights Division’s Police Reform Work can be found here: https://www.justice.gov/crt/file/922421/download.
Caribbean Corridor Strike Force Intercepts First Low Profile Vessel Seized in the Caribbean with 2,500 Kilos of CocaineRead the Press Release
SAN JUAN, Puerto Rico – On April 14, 2021, a Federal Grand Jury in the District of Puerto Rico returned a four-count indictment charging three individuals with conspiracy to possess with intent to distribute a controlled substance aboard a vessel subject to the jurisdiction of the United States, as well as violations of the Drug Trafficking Vessel Interdiction Act (DTVIA), announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
The indictment charges that, on or about April 8, 2021, on the high seas, defendants Arturo González-Quiñones, Freiman Yepes-Ospina, and José Álvaro Córdoba-Rentería, conspired to possess with intent to distribute cocaine, conspired to operate and embark in a semi-submersible vessel without nationality, and to navigate thereon into and through waters beyond the outer limit of any country’s territorial sea, with the intent to evade detection, in violation of the DTVIA.
The United States Coast Guard seized approximately 2,500 kilograms of cocaine that the defendants transported on board a semi-submersible vessel. The shipment of cocaine has a wholesale value of approximately $75 million -- using a wholesale price of $30,000 per kilogram of cocaine.
The interdiction was the result of multi-agency efforts in support of U.S. Southern Command’s enhanced counter-narcotics operations in the Western Hemisphere, the Organized Crime Drug Enforcement Task Force (OCDETF) and High Intensity Drug Trafficking Area (HIDTA) programs, and the Caribbean Corridor Strike Force (CCSF).
The OCDETF CCSF is a multi-agency task force operating in the District of Puerto Rico focusing on attacking command and control elements of Caribbean and South American-based Transnational Criminal Organizations (TCOs). The CCSF targets the smuggling of shipments of narcotics into Puerto Rico, the transshipment of drugs to the Continental United States, as well as the laundering of drug proceeds using bulk cash smuggling and sophisticated money laundering activities. The signatory agencies to the CCSF are the Drug Enforcement Administration (DEA), the United States Immigration and Customs Enforcement, Homeland Security Investigations (HSI), the United States Coast Guard Investigative Service (CGIS), the United States Marshals Service (USMS), and the U.S. Attorney’s Office for the District of Puerto Rico.
Law enforcement agencies that provide critical and essential support to the CCSF, especially with respect to drug interdiction efforts, include: (a) the United States Coast Guard, (b) the United States Customs and Border Protection, Office of Field Operations, Caribbean Air and Marine Branch, (c) the Puerto Rico Department of Public Safety, (c) the Puerto Rico Police Bureau, (d) the Puerto Rico Joint Forces of Rapid Action (“Fuerzas Unidas de Rapida Accion” – FURA), and (e) the United States Border Patrol.
“Since the beginning of October 2020, the CCSF and supporting agencies have seized over 17,000 kilograms of cocaine and charged 82 defendants in connection with those seizures,” said United States Attorney Muldrow. “The CCSF will also continue to pursue the command and control elements of the transnational criminal organizations involved in these drug trafficking and related money laundering activities. Rest assured that we are steadfast in our resolve to protect our borders and our community from these criminal cartels.”
Using a wholesale value of $30,000 per kilogram of cocaine seized, the over 17,000 kilograms of cocaine seized by the CCSF in FY21 has a wholesale value of $510,000,000. The over 17,000 kilograms of cocaine seized by the CCSF during FY21 significantly outpace the CCSF cocaine seizures in FY19 and FY20. Also, the seizures described above relate only to the CCSF, and do not include other drug seizures unrelated to the CCSF.
The prosecutors in charge of the prosecution of the case are U.S. Coast Guard Special Assistant U.S. Attorney Seth Tremble; Chief of the Transnational Organized Crime Section, Assistant U.S. Attorney Max Pérez-Bouret; and Deputy Chief of the Transnational Organized Crime Section, Assistant U.S. Attorney Vanessa Bonhomme. If convicted the defendants face a mandatory minimum sentence of ten years up to life in prison on the drug trafficking charges and a maximum sentence of fifteen years in prison for violations of the DTVIA (18 U.S.C. § 2285).
Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty beyond a reasonable doubt.
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U.S. Holocaust Memorial Museum Honors DOJ with Elie Wiesel AwardRead the Press Release
The U.S. Holocaust Memorial Museum last night conferred their highest honor, the Elie Wiesel Award, on the U.S. Department of Justice in recognition of the successes of its longtime enforcement program’s efforts to identify, investigate, and prosecute participants in World War II-era Nazi crimes.
That program, previously based in the former Office of Special Investigations (OSI), is now part of the mission of OSI’s successor unit, the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP). The award was accepted by former OSI Director Eli Rosenbaum, under whose leadership most of the unit’s prosecution successes were achieved. Rosenbaum, who recently led HRSP’s investigation and prosecution of a Nazi concentration camp guard who was removed from the U.S., currently serves as HRSP’s Director of Human Rights Enforcement Strategy and Policy.
“It is deeply gratifying that the United States Holocaust Memorial Museum has recognized the Justice Department’s extraordinary work in pursuing justice on behalf of the victims of Nazi genocide,” said Attorney General Merrick B. Garland. “The Department remains steadfast in its resolve to pursue justice on behalf of victims of human rights abuses committed in a tragically long list of countries both during and since World War II.”
Also honored with the Eli Wiesel Award was Ambassador Stuart Eizenstat, former Chief White House Domestic Affairs Advisor under President Jimmy Carter, who was instrumental in the legislation that led to the creation of the U.S. Holocaust Memorial Museum and who led tireless efforts to secure compensatory and historical justice for survivors.
“While true justice for the victims of the Holocaust is not possible, Stuart Eizenstat and the U.S. Department of Justice’s Office of Special Investigations have each worked tirelessly in different ways to secure a measure of justice for the survivors and accountability for the perpetrators,” said Museum Chairman Howard M. Lorber. “We are honored to recognize their achievements and decades-long dedication to these noble pursuits.”
The OSI was established in 1979 to identify, investigate, and bring to trial people living in the U.S. who participated in Nazi crimes against humanity. Staffed by a dedicated team of prosecutors, investigators, and historians, OSI sought out Nazi perpetrators living in the U.S. who had entered the country illegally. Between its founding and 2010, when it was merged into HRSP, OSI’s investigations and prosecutions led to the denaturalization and/or removal or extradition of more than 100 Nazi offenders from the U.S. In addition, with the assistance of the Justice Department’s former Immigration and Naturalization Service—and since 2002, its successor, the Department of Homeland Security—OSI blocked more than 200 people suspected of participating in wartime Nazi and Japanese crimes from gaining entry to the U.S.
OSI documented and made public the details of U.S. intelligence agencies’ recruitment of such Nazi perpetrators as Klaus Barbie, known as “the Butcher of Lyon” for his torture of Jews and members of the French Resistance and the deportation of Jewish children to Auschwitz. It also denaturalized and deported, among others, John Demjanjuk, the notorious Sobibor extermination camp guard, and Arthur Rudolph, a wartime Nazi slavemaster and later a senior NASA official in charge of constructing the Saturn V rocket. OSI also performed the key investigative work, under Ambassador Eizenstat’s leadership, that proved that the Third Reich transferred Holocaust victim-origin gold to the Swiss National Bank during the war and helped achieve the declassification and public release of millions of pages of classified U.S. government records on Nazi criminals and their crimes.
Given that most Holocaust perpetrators are no longer alive, the principal focus of the human rights enforcement work of HRSP is now on modern human rights abusers. HRSP has prosecuted war criminals, persecutors and other human rights abusers from all over the world, including in relation to postwar conflicts such as those in Bosnia, Guatemala, and Rwanda.
Established in 2011, the Elie Wiesel Award recognizes internationally prominent individuals whose actions embody the Museum’s vision of a world where people confront hate, prevent genocide, and promote human dignity. Holocaust survivor, author, and Nobel Peace Prize laureate Elie Wiesel, the Museum’s founding chairman, was the first recipient of the award, which was subsequently named in his honor. Engraved on the award are words from Wiesel’s Nobel Prize acceptance speech, “One person of integrity can make a difference.”
In addition to the late Professor Wiesel, the 13 previous recipients include former Nuremberg prosecutor Benjamin Ferencz, the late Congressman John Lewis, and the Syrian White Helmets organization.
The Justice Department’s Hate Crimes Enforcement and Prevention Initiative Announces Newly Translated Online Hate Crimes ResourcesRead the Press Release
Today, marking the 40th Anniversary of National Crime Victims’ Rights Week (NCVRW), the Justice Department’s Hate Crimes Enforcement and Prevention Initiative announced newly translated hate crimes resources in eight languages for the department’s hate crimes website, www.justice.gov/hatecrimes.
The website, which has been visited by over one million users since launching in 2018, now features new pages in Simplified Chinese, Traditional Chinese, Vietnamese, Korean, Tagalog, Arabic, and Japanese. These pages include basic information about hate crimes, in-language resources, and instructions on reporting hate crimes to the FBI Tip Line with assistance from qualified interpreters. Experience has proven that communicating in-language with people who are limited English proficient (LEP) is a crucial step to combating hate crimes nationally.
There has been an alarming rise in violence, harassment, and discrimination directed at the Asian-American and Pacific Islander (AAPI) community. The new in-language pages can help victims and witnesses who are limited English proficient recognize and report hate crimes. The website also has a new English language page with links to resources and news addressing hate targeting AAPI communities. www.justice.gov/hatecrimes/addressing-hate-crimes-against-AAPI. The page includes a link to the FBI’s Hate Crime Threat Guide. The Threat Guide, a single-page chart describing types of hate crime threats (physical, verbal, phoned, electronic, written, or visual), lists recommended responses, including steps to preserve evidence. The Guide is now available in Simplified and Traditional Chinese.
The Spanish language hate crimes site, www.justice,gov/hatecrimes-espanol, also has expanded content, such as up-to-date hate crimes statistics, case examples, Spanish language resources, and a map of which states have hate crimes laws.
“Supporting victims of hate crimes is an essential part of the department’s mission, and an important measure of our success,” said Principal Deputy Assistant Attorney General Pamela Karlan of the Justice Department’s Civil Rights Division. “People with limited English proficiency, and the advocates and community leaders who work with them, face additional barriers to seeking justice. We hope that these new in-language resources help the department and our partners more effectively support victims of hate crimes, build trust, and engage communities. We will continue to expand the number of languages on www.justice.gov/hatecrimes.”
Today’s announcements are just one part of the department’s work to combat discrimination and violence through capacity building, training, support and outreach to our partners, including those that work with AAPI communities or members of the public who have limited English proficiency.
On Jan. 26, President Biden issued the “Presidential Memorandum Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian-Americans and Pacific Islanders in the United States,” which mandates that the Attorney General shall:
- explore opportunities to support, consistent with applicable law, the efforts of state and local agencies, as well as AAPI communities and community-based organizations, to prevent discrimination, bullying, harassment, and hate crimes against AAPI individuals, and
- expand collection of data and public reporting regarding hate incidents against such individuals.
For more information on the Justice Department’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes, a one-stop portal with links to hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals. For more information about ensuring language access and the concentration of, and languages spoken by, persons with limited English proficiency in a county, state, or judicial district, visit www.lep.gov/
لقد حل الأسبوع الوطني لحقوق ضحايا الجرائم. هذا الأسبوع، وعلى مدار العام، نود أن يعلم ضحايا جرائم الكراهية أنهم ليسوا وحدهم. لمعرفة المزيد من المعلومات عن جرائم الكراهية والتعرف على كيفية طلب المساعدة، يرجى زيارة الموقع: www.justice.gov/hatecrimes/translated-get-help-arabic (Arabic)
本周是“全国犯罪受害者权利周”。 本周，乃至全年，我们想要让仇恨犯罪的受害者知道他们并不孤单。 要了解更多关于仇恨犯罪的信息和了解您可以如何求助，请访问：www.justice.gov/hatecrimes/translated-get-help-simplified-chinese (Simplified Chinese)
本週是「全國犯罪受害者權利週」。本週，乃至全年，我們想讓仇恨犯罪的受害者知道他們並不孤單。要瞭解更多關於仇恨犯罪的資訊和瞭解您可以如何求助，請訪問：www.justice.gov/hatecrimes/translated-get-help-traditional-chinese (Traditional Chinese)
全国犯罪被害者の権利週間です。今週そして年間を通じ、自分は一人ではないということをヘイトクライム被害者に知っていただきたいです。ヘイトクライムの詳細および助けの求め方を知るには：www.justice.gov/hatecrimes/translated-get-help-japanese (Japanese)
전국 범죄 희생자의 권리 주간입니다. 이번 주 그리고 연중 내내, 저희는 증오 범죄의 희생자들이 혼자가 아니라는 것을 알게 되길 바랍니다. 증오 범죄에 대해 더 자세히 알고 도움을 요청할 수 있는 방법에 대해 알아보려면 다음을 방문해 주십시오: www.justice.gov/hatecrimes/translated-get-help-korean (Korean)
Pambansang Linggo ng mga Karapatan ng Biktima ng Krimen ngayon. Ang linggo ito, at sa buong taon, nais naming iparating sa mga biktima ng poot na hindi sila nag-iisa. Para malaman pa ang tungkol sa mga krimen ng poot at para malaman kung paano kayo hihingi ng tulong, bisitahin ang: www.justice.gov/hatecrimes/translated-get-help-tagalog (Tagalog)
Đã đến Tuần lễ Quyền của Nạn nhân Tội phạm Quốc gia. Tuần này, và trong suốt cả năm, chúng tôi muốn các nạn nhân của tội ác thù hận biết rằng họ không đơn độc. Để tìm hiểu thêm về tội ác thù hận và tìm hiểu cách bạn có thể yêu cầu trợ giúp, vui lòng truy cập: www.justice.gov/hatecrimes/translated-get-help-vietnamese (Vietnamese)
List Broker Pleads Guilty to Facilitating Elder Fraud SchemesRead the Press Release
A New York man pleaded guilty today to supplying lists of consumers’ names and addresses for use in schemes that targeted vulnerable victims.
According to court documents, Norman Newman, 74, of Croton-on-Hudson, New York, was part of a conspiracy to supply lists of potential victims to those conducting fraudulent mass-mailing schemes. From 2005 to 2016, Newman worked as a list broker and senior vice president at Macromark Inc., a Connecticut direct mail services firm. Macromark pleaded guilty to facilitating elder fraud schemes in September 2020. The conspiracy resulted in at least $9.5 million in losses to consumers.
In pleading guilty, Newman admitted to assisting clients in obtaining victim lists for deceptive mailing campaigns. These fraudulent mass mailer clients sent out deceptive letters that appeared to be personalized, when, in actuality, the same letters were sent to thousands of consumers on the mailing lists that Newman provided. Each letter was intended to mislead the consumer into believing that he or she would receive a large amount of money, a valuable prize, or personalized psychic services upon payment of a fee to the mass mailers, who often operated under false names. Fraudsters paid commissions to Newman’s employer, Macromark, for brokering the sale of lists of potential victims. Newman then received a percentage of the commissions. Newman knew the content and fraudulent character of the mass-mailings, that they were intended to defraud thousands of consumers, and that some of the consumers were vulnerable to the scams.
While brokering lists, Newman also assisted fraudulent mass mailing clients by engaging the services of data brokerage companies that operated cooperative databases, or “co-ops,” which stored large volumes of demographic and transactional data on American consumers. During the conspiracy, Newman and others routinely provided samples of clearly fraudulent letters to employees of data brokerage companies, who then provided data to fraudulent mass mailer clients.
“Providing victim lists and other data to help fraudsters target elderly or otherwise vulnerable consumers is a crime,” said Acting Assistant Attorney General Brian Boynton of the Justice Department’s Civil Division. “The Department of Justice can and will hold responsible individuals and companies who knowingly commit or facilitate these schemes.”
“While working for a large data firm, the defendant purposefully supplied the names and addresses of vulnerable Americans to known fraudulent clients targeting consumers via mass-mailings. He knew each name he provided would result in another fraudulent mailing being delivered to the consumers’ mailbox,” said Inspector in Charge Delany De León-Colón of the U.S. Postal Inspection Service’s Criminal Investigations Group. “The U.S. Postal Inspection Service holds individuals responsible for their criminal actions when using the U.S. Mail. Today’s plea agreement demonstrates the U.S. Postal Inspection Service’s steadfastness in protecting consumers, especially the most vulnerable, from criminals who exploit them.”
Newman pleaded guilty to conspiracy to commit mail and wire fraud. He is scheduled to be sentenced on July 14 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Postal Inspection Service investigated the case.
Trial Attorneys Alistair Reader and Ehren Reynolds of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Heather Cherry of the U.S. Attorney’s Office for the District of Connecticut are prosecuting the case.
If you believe you are a victim in this case and would like to opt-in to receive notifications or if you have any questions about your rights, please contact a Victim Witness Coordinator at (203) 821-3757 / (203)-985-9129 or through our website (https://www.justice.gov/civil/case/united-states-v-norman-newman).
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
La Iniciativa para la Aplicación de la Ley y la Prevención de Delitos de Odio del Departamento de Justicia anuncia la llegada de la traducción de recursos virtuales contra los delitos de odioRead the Press Release
WASHINGTON, D.C. – Hoy, en conmemoración del 40º aniversario de la Semana para los Derechos de Víctimas de Delitos (NCVRW, por sus siglas en inglés), la Iniciativa para la Aplicación de la Ley y la Prevención de Delitos de Odio del Departamento de Justicia anunció la traducción reciente a ocho idiomas de recursos contra los delitos de odio para el sitio web contra los delitos de odio del Departamento, www.justice.gov/hatecrimes.
El sitio web, que ha sido visitado por más de un millón de usuarios desde su lanzamiento en el 2018, ahora ofrece nuevas páginas en chino simplificado, chino tradicional, vietnamita, coreano, tagalo, árabe y japonés. Estas páginas incluyen información básica sobre los delitos de odio, recursos en el idioma extranjero e instrucciones sobre cómo denunciar los delitos de odio usando la línea informativa del FBI, con la ayuda de intérpretes cualificados. La experiencia ha demostrado que la comunicación con personas cuyo dominio del inglés es limitado (LEP, por sus siglas en inglés) en su idioma es un paso fundamental en la lucha nacional contra los delitos de odio.
Ha hubo un incremento preocupante en la violencia, el acoso y la discriminación contra la comunidad estadounidense de origen asiático y de las islas del Pacífico (AAPI, por sus siglas en inglés). Las nuevas páginas en idiomas extranjeros pueden ayudar a víctimas y testigos cuyo dominio del inglés es limitado a reconocer y denunciar delitos de odio. El sitio web también tiene una nueva página en inglés con enlaces a recursos y noticias sobre incidentes de odio dirigidos a las comunidades AAPI. www.justice.gov/hatecrimes/addressing-hate-crimes-against-AAPI (en inglés). La página incluye un enlace a la guía del FBI contra amenazas de delitos de odio. La guía contra amenazas, una tabla de una única página, describe los tipos de amenazas de delitos de odio (físicas, verbales, por teléfono, electrónicas, por escrito o visuales) y enumera las respuestas recomendadas, incluyendo los pasos para la preservación de pruebas.
La guía está actualmente disponible en chino simplificado y tradicional.
Por otra parte, se ha ampliado el contenido en el sitio web en español contra los delitos de odio, www.justice,gov/hatecrimes-espanol, para incluir estadísticas actualizadas sobre los delitos de odio, ejemplos de casos y un mapa de los estados que disponen de leyes contra los delitos de odio, entre otras cosas.
«El apoyo de víctimas de delitos de odio es una parte esencial de la misión del Departamento y representa una medida de nuestro éxito», declaró la Fiscal General Auxiliar Adjunta Principal Pamela Karlan, de la División de Derechos Civiles del Departamento de Justicia. «Las personas cuyo dominio del inglés es limitado, así como los defensores y los líderes comunitarios que trabajan con ellos, se enfrentan a barreras adicionales a la justicia. Esperamos que estos nuevos recursos en idiomas extranjeros ayuden al Departamento y a nuestros socios a apoyar mejor a las víctimas de delitos de odio, crear confianza y conseguir la participación de las comunidades. Seguiremos expandiendo el número de idiomas en www.justice.gov/hatecrimes».
Los anuncios de hoy son solamente una parte de los esfuerzos del Departamento por combatir la discriminación y violencia mediante el fomento de la capacidad, la capacitación, el apoyo y el alcance a nuestros socios, incluyendo aquellos que trabajan con las comunidades AAPI o miembros del público cuyo dominio del inglés es limitado.
El 26 de enero, el presidente Biden emitió el «Memorando presidencial para la condenación y el combate del racismo, la xenofobia y la intolerancia dirigidos a los estadounidenses de origen asiático y de las islas del Pacífico en los Estados Unidos», que estipula que el «Fiscal General hará lo siguiente:
- explorará oportunidades para apoyar, conforme a las leyes aplicables, los esfuerzos de agencias locales o estatales, así como de comunidades y organizaciones comunitarias AAPI para prevenir la discriminación, la intimidación, el acoso y los delitos de odio contra personas AAPI y
- ampliará la recopilación de datos y la información pública en lo que se refieren a incidentes de delitos de odio infligidos a tales individuos.
Para más información sobre los esfuerzos del Departamento de Justicia por combatir y prevenir los delitos de odio, vaya a www.justice.gov/hatecrimes: un único portal con enlaces a recursos contra los delitos de odio para la policía, los medios de comunicación, investigadores, víctimas, grupos de apoyo y otras organizaciones y personas. Para más información sobre cómo garantizar el acceso lingüístico y la concentración de/idiomas hablados por personas cuyo dominio del inglés es limitado en un condado, estado o distrito judicial, vaya a www.lep.gov/.
لقد حل الأسبوع الوطني لحقوق ضحايا الجرائم. هذا الأسبوع، وعلى مدار العام، نود أن يعلم ضحايا جرائم الكراهية أنهم ليسوا وحدهم. لمعرفة المزيد من المعلومات عن جرائم الكراهية والتعرف على كيفية طلب المساعدة، يرجى زيارة الموقع: www.justice.gov/hatecrimes/translated-get-help-arabic (Arabic)
本周是“全国犯罪受害者权利周”。 本周，乃至全年，我们想要让仇恨犯罪的受害者知道他们并不孤单。 要了解更多关于仇恨犯罪的信息和了解您可以如何求助，请访问：www.justice.gov/hatecrimes/translated-get-help-simplified-chinese (Simplified Chinese)
本週是「全國犯罪受害者權利週」。本週，乃至全年，我們想讓仇恨犯罪的受害者知道他們並不孤單。要瞭解更多關於仇恨犯罪的資訊和瞭解您可以如何求助，請訪問：www.justice.gov/hatecrimes/translated-get-help-traditional-chinese (Traditional Chinese)
全国犯罪被害者の権利週間です。今週そして年間を通じ、自分は一人ではないということをヘイトクライム被害者に知っていただきたいです。ヘイトクライムの詳細および助けの求め方を知るには：www.justice.gov/hatecrimes/translated-get-help-japanese (Japanese)
전국 범죄 희생자의 권리 주간입니다. 이번 주 그리고 연중 내내, 저희는 증오 범죄의 희생자들이 혼자가 아니라는 것을 알게 되길 바랍니다. 증오 범죄에 대해 더 자세히 알고 도움을 요청할 수 있는 방법에 대해 알아보려면 다음을 방문해 주십시오: www.justice.gov/hatecrimes/translated-get-help-korean (Korean)
Pambansang Linggo ng mga Karapatan ng Biktima ng Krimen ngayon. Ang linggo ito, at sa buong taon, nais naming iparating sa mga biktima ng poot na hindi sila nag-iisa. Para malaman pa ang tungkol sa mga krimen ng poot at para malaman kung paano kayo hihingi ng tulong, bisitahin ang: www.justice.gov/hatecrimes/translated-get-help-tagalog (Tagalog)
Đã đến Tuần lễ Quyền của Nạn nhân Tội phạm Quốc gia. Tuần này, và trong suốt cả năm, chúng tôi muốn các nạn nhân của tội ác thù hận biết rằng họ không đơn độc. Để tìm hiểu thêm về tội ác thù hận và tìm hiểu cách bạn có thể yêu cầu trợ giúp, vui lòng truy cập: www.justice.gov/hatecrimes/translated-get-help-vietnamese (Vietnamese)
Justice Department Releases $58 Million in Solicitations to Combat the Distribution of Illicit Drugs and Improve Officer WellnessRead the Press Release
The Justice Department announced today that the Office of Community Oriented Policing Services (COPS Office) has released approximately $58 million in three grant solicitations that will advance community policing, help combat the dual scourges of opioid and methamphetamine use, and promote the health and safety of our nation’s law enforcement officers.
“The grant solicitations announced today will help law enforcement agencies in their continuing struggles on two fronts – fighting against the public health and safety crisis of illegal drug use, and safeguarding the mental health and wellness of our law enforcement officers,” said Acting Director Robert Chapman of the COPS Office. “The COPS Office is pleased to make these resources available that will not only help to protect our nation’s citizens, but also the law enforcement officers who do so much to protect them.”
The Law Enforcement Mental Health and Wellness Act Program provides funding to improve the delivery of and access to mental health and wellness services for law enforcement through the implementation of peer support, training, family resources, suicide prevention, and other promising practices for wellness programs. The program will fund projects that develop knowledge, increase awareness of effective mental health and wellness strategies, increase the skills and abilities of law enforcement, and increase the number of law enforcement agencies and relevant stakeholders using wellness programs.
The COPS Office Anti-Heroin Task Force Program advances public safety by providing funds directly to state law enforcement to locate and investigate illicit activities through statewide collaboration related to the distribution of heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids. Funding is available only to state law enforcement agencies with primary law enforcement authority over heroin, fentanyl, carfentanil, and other opioids seizures and investigations.
The COPS Anti-Methamphetamine Program advances public safety by providing funds directly to state law enforcement agencies to investigate illicit activities related to the manufacture and distribution of methamphetamine. Funds must be used to locate or investigate illicit activities such as precursor diversion, laboratories, or methamphetamine traffickers.
For more information on COPS Office funding, please visit https://cops.usdoj.gov/grants.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to agency for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers.
Federal Court Shuts Down Atlanta Area Tax Return PreparerRead the Press Release
The Justice Department announced today that a federal court in the Northern District of Georgia permanently enjoined the owner of tax preparation businesses in Suwanee, Georgia, from preparing federal tax returns for others.
The complaint filed in the case alleged that Tiffany Nakia Expose of Buford owned and operated Expose Tax & Financial Services Inc. in Suwanee, and that Expose prepared tax returns that understated tax liabilities and/or overstated refunds. According to the court’s opinion, her alleged schemes included understating business income by fabricating or inflating reported business losses; fabricating or overstating itemized deductions; and claiming unsupported education credits. For example, on over 100 returns, Expose falsely claimed that taxpayers attended school at a particular institution despite knowing that they had not done so.
In granting the United States’ request for injunction, the court found that Expose knowingly prepared and filed hundreds of false returns. It found that she did so despite two separate attempts by the IRS to bring her into compliance, both of which resulted in penalties assessed against her.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer and has launched a free directory of federal tax preparers. In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Attorney General Merrick Garland Recognizes Individuals and Organizations for Service to Crime VictimsRead the Press Release
Attorney General Merrick B. Garland today recognized 13 individuals and teams for their advocacy on behalf of victims of crime. The award recipients were honored virtually during the annual National Crime Victims’ Service Awards Ceremony.
“Every day, we bear witness to stirring acts of heroism on the part of compassionate and courageous advocates – and crime victims themselves,” said Attorney General Garland. “One of our responsibilities is to ensure that victims are informed, have a voice, and are supported in the healing process. To the exceptional men and women we honor today – thank you for your service to crime victims, for your commitment to the safety of your communities, and for working to make America a more just and more compassionate place.”
The awardees were selected from public nominations in 10 categories, including federal service, special courage, public policy and victim services. The Office for Victims of Crime (OVC), a component of the Department’s Office of Justice Programs (OJP), leads communities across the country in observing National Crime Victims’ Rights Week (NCVRW). Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. The 40th observance of NCVRW takes place this year, April 18-24, and features the theme, “Support Victims. Build Trust. Engage Communities.”
According to the Department’s Bureau of Justice Statistics, 1.2 million Americans age 12 and older were victims of violent crime, excluding simple assault, in 2019, down from 1.4 million in 2018. An estimated 12.8 million U.S. households experienced one or more property victimizations. OVC supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
“We come together each year during National Crime Victims’ Rights Week to show that we are united in our commitment to making sure all crime victims feel heard, respected and remembered,” said OJP Acting Assistant Attorney General Maureen A. Henneberg. “We honor these outstanding public safety professionals and advocates who work so hard to support crime victims as they walk the path from trauma to healing.”
Following is a list of the award recipients:
- The Allied Professional Award recognizes individuals working outside the victim assistance field for their service to victims.
Recipient: Pfawnn Eskee, Montezuma Creek, Utah.
- The Award for Professional Innovation in Victim Services recognizes a program, organization or individual who expands the reach of victims’ rights and services.
Recipient: JoNell Efantis Potter, PhD, Miami, Florida.
- The Federal Service Award recognizes federal agency personnel for service to victims of federal, tribal or military crimes.
Recipient: Acquanette Lindsay, Dayton, Ohio.
- The First Responders Award recognizes an individual from the law enforcement, emergency services, firefighters and rescue professions for extraordinary acts of valor toward crime victims.
Recipients: John Guard, Greenville, North Carolina; and Robin Taylor, Chardon, Ohio.
- The National Crime Victim Service Award honors extraordinary efforts to provide direct services to crime victims.
Recipient: The Vegas Strong Resiliency Center, Las Vegas, Nevada; and Jennifer Dunn, Waukesha, Wisconsin.
- The Ronald Wilson Reagan Public Policy Award honors leadership, innovation and vision that lead to noteworthy changes in public policy on behalf of crime victims.
Recipient: Jeannette M. Adkins, Bellbrook, Ohio.
- The Special Courage Award honors extraordinary bravery in the aftermath of a crime or courageous act on behalf of a victim or potential victim.
Recipients: Jennifer Elmore, Chapel Hill, North Carolina; and Jennifer Luther, Tallahassee, Florida.
- The Tomorrow’s Leaders Award recognizes youth up to 24 years old for efforts to support crime victims.
Recipient: Sachiri Henderson, Shreveport, Louisiana.
- The Victims Rights Legend Award recognizes an individual whose work over an extended period of time has resulted in positive and substantial change in the field of victim advocacy and/or victims’ rights.
Recipient: Victor I. Vieth, Lewiston, Minnesota.
- The Volunteer for Victims Award recognizes individuals who serve without compensation.
Recipient: Tricia L. Everest, Nichols Hills, Oklahoma.
“It is important for us as a country to set aside time during National Crime Victims’ Rights Week to honor victims and to recognize those who advocate for resources and policies designed to meet the many serious challenges victims face,” said OVC Acting Director Katherine Darke Schmitt. “Few people expect to be a victim, and no one deserves the pain and injustice that burden every crime survivor. We should take it upon ourselves this week, and every week, to show our unity with and compassion for those who have experienced the pain of victimization.”
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
To learn more about past NCVRW recipients, visit www.ovc.gov/gallery.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Statement by Attorney General Merrick B. Garland on Earth DayRead the Press Release
On April 22, 1970, millions of people across America came together and sparked a movement that led to the enactment of many of our nation’s foundational environmental laws, including the Clean Air Act, the Endangered Species Act, the Clean Water Act, and the Safe Drinking Water Act. Today, as billions of people around the world celebrate Earth Day, I want to acknowledge Department of Justice attorneys, investigators, and professional staff who work every day to advance the cause of justice by enforcing those laws.
Although environmental crime and injustice can happen anywhere, communities of color, low-income communities, and tribal communities often bear the highest burden of the harm caused by environmental crime, pollution, and climate change. Earlier this week, I was proud to join EPA Administrator Michael Regan in announcing the nation’s first-ever Environmental Crime Victim Assistance Program.
This joint effort, which will empower environmental crime victims to participate fully and equally in our justice system, was developed and will be coordinated by the Justice Department’s Environment and Natural Resources Division and the EPA, with financial support from DOJ’s Office for Victims of Crime. The program will help ensure that victims of federal environmental crimes are properly identified, that their rights are protected, and that they receive the services and support they need — from the opening of an investigation through the final adjudication of the case.
For 151 years, the Justice Department’s mission has been to ensure equal justice under law. On this 51st Earth Day celebration, we honor our mission by advancing the cause of environmental justice.
Read the Attorney General’s remarks at the DOJ-EPA Listening Session on Promoting Justice for Victims of Environmental Crime here.
Justice Department Warns Taxpayers to Avoid Fraudulent Tax PreparersRead the Press Release
With less than one month left in this year’s tax season, the Department of Justice urges taxpayers to choose their return preparers wisely. Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams. Unscrupulous preparers who include errors or false information on a customer’s return could leave a taxpayer open to liability for unpaid taxes, penalties, and interest.
Over the last year, the Justice Department’s Tax Division has worked with U.S. Attorney’s Offices around the country to bring both civil and criminal action against dishonest tax preparers, seeking as appropriate civil injunctions to stop ongoing fraud, civil penalties or disgorgement of ill-gotten proceeds, and criminal sanctions. The department intends to send a strong message that those who prepare fraudulent returns will face serious and lasting consequences.
Examples of civil injunctions obtained by the Tax Division over the last year include:
- On Feb. 25, 2021, a federal court in Delaware enjoined return preparers Jorge Bravo, Michael Eller Income Tax Service, Nelson Graciano and Pedro Toala from preparing, filing or assisting in the preparation or filing of any federal tax returns which claim ineligible persons as dependents, claim improper business expenses or losses, or improperly claiming the Child Tax Credit and other credits. The injunction runs through Dec. 31, 2026, and requires the defendants to hire an independent monitor to examine selected returns.
- On Nov. 17, 2020, a federal court in the Northern District of New York entered a stipulated permanent injunction against Demetric Williams, individually and doing business as Poor No More LLP, that bars him from preparing returns for others, and from owning or operating a tax return preparation business, and from representing customers in connection with any matter before the IRS. Williams was required to notify his customers of the order.
- On Aug. 27, 2020, a federal court in the Western District of Tennessee permanently enjoined Rickey Greer and Stacie Smith (formerly Greer) from acting as federal tax return preparers, assisting in any way in the preparation of federal income tax returns, and representing any person before the IRS. Under the terms of the injunction, the Greers agreed to give up their IRS-assigned preparer identification numbers.
The Tax Division has also sought to strip fraudulent preparers of ill-gotten gains and to hold in contempt those who attempt to flout court-ordered restraints on further fraudulent activity. Over the last year,
- On March 3, 2021, a federal court in the Middle District of Florida, Orlando Division, enjoined Michelle Jenkins from acting as a return preparer, owning a tax preparation business, or training others in the preparation of tax returns. Jenkins must immediately, permanently close any tax preparation stores she owns, and may not franchise any tax return business to others or her customer lists. Jenkins was ordered to disgorge $25,000 in proceeds from her fraudulent tax preparation. On April 9, 2021, Jenkins’ co-defendants, Ben Philippe, Clebert Philippe, and Reliance 1 Tax Services LLC, were similarly enjoined. Ben Philippe was ordered to disgorge $96,945.10; Clebert Philippe and Reliance 1 Tax Services together were ordered to disgorge $134,633.00.
- On Jan. 27, 2021, a court in the Southern District of Florida permanently enjoined a West Palm Beach return preparer, Lena Cotton, and her business, Professional Accounting LDC, from preparing federal income tax returns for others. The court determined that the defendants were in contempt of several prior orders that had allowed them to prepare returns subject to restrictions and that, in light of previous violations by Cotton and Professional Accounting LDC of the court’s injunctions, “any remedy short of a permanent injunction on return preparation [was] inadequate.”
- On Aug. 5, 2020, a federal district court in the Northern District of Illinois sanctioned Courtney Norwood for contempt for continuing to prepare tax returns in violation of an earlier injunction. He was ordered to pay $91,200 in disgorgement, reflecting the fees he earned for any returns prepared after the injunction was entered.
Criminal convictions obtained by the Tax Division over the last year include:
- On Nov. 13, 2020, Kenneth Crawford Jr. was convicted at trial and sentenced to 78 months in prison for conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws. According to evidence presented at trial, between 2015 and 2016, Crawford and his co-conspirators promoted and sold a “mortgage recovery” tax fraud scheme that sought fraudulent refunds from the IRS for their clients.
- On Oct. 7, 2020, Terry Williamson was sentenced to 70 months in prison for conspiracy to commit mail and wire fraud, following his conviction at trial by a federal jury in Las Vegas. The evidence at trial proved that from January 2009 through April 2011, Williamson and his co-conspirators filed false tax returns with the IRS to fraudulently obtain tax refunds using the names and social security numbers of deceased taxpayers.
The Tax Division reminds taxpayers that the IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. (More information can also be found here.) The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
Acting Assistant Attorney General David A. Hubbert of the Tax Division made the announcement. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Finds that Alameda County, California, Violates the Americans with Disabilities Act and the U.S. ConstitutionRead the Press Release
The Justice Department concluded today, based upon a thorough investigation, that there is reasonable cause to believe that Alameda County is violating the Americans with Disabilities Act (ADA) in its provision of mental health services, and that conditions and practices at the county’s Santa Rita Jail violate the U.S. Constitution and the ADA.
The department’s investigation found that the county fails to provide services to qualified individuals with mental health disabilities in the most integrated setting appropriate to their needs. Instead, it unnecessarily institutionalizes them at John George Psychiatric Hospital and other facilities. In Olmstead v. L.C., the U.S. Supreme Court held that Title II of the ADA requires public entities to provide community-based services to persons with disabilities when appropriate services can reasonably be provided to individuals who want them. However, on any given day in Alameda County, hundreds of people are institutionalized for lengthy stays at one of several large, locked psychiatric facilities in the county or are hospitalized at John George Psychiatric Hospital, while others are at serious risk of admission to these psychiatric institutions because of the lack of community-based services. Without connection to adequate community-based services, people return to John George Psychiatric Hospital in crisis again and again.
“The ADA protects individuals with mental health disabilities from unnecessary institutionalization, and the Constitution guarantees all prisoners necessary medical care, including mental health care,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “Our investigation uncovered evidence of violations that, taken together, result in a system where people with mental health disabilities in Alameda County find themselves unnecessarily cycling in and out of psychiatric institutions and jails because they lack access to proven services that would allow them to recover and participate in community life.”
The department also concluded that there is reasonable cause to believe that conditions at the jail violate the Eighth and Fourteenth Amendments of the Constitution, as well as the ADA. Specifically, the department concluded that there is reasonable cause to believe that the jail fails to provide constitutionally adequate mental health care to prisoners with serious mental health needs, including those at risk of suicide; that the jail violates the constitutional rights of prisoners with serious mental illness through its prolonged use of restrictive housing; and that the jail violates the ADA by denying prisoners with mental health disabilities access to services, programs, and activities because of their disabilities.
As a result of these failures, prisoners with serious mental health needs have experienced worsening mental health conditions, are sent repeatedly to John George Psychiatric Hospital for acute care, have experienced prolonged stays in restrictive housing, and, at times, have seriously injured themselves or died.
The Civil Rights Division’s Special Litigation Section initiated the investigation under the ADA and under the Civil Rights of Institutionalized Persons Act (CRIPA), which authorizes the department to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Individuals with relevant information are encouraged to contact the department via phone at (844) 491-4946 or by email at [email protected].
Members of the public may report possible civil rights violations at https://civilrights.justice.gov/.
Iowa Woman Pleads Guilty to Hate Crime Charges for Attempting to Kill Two Children Because of their Race and National OriginRead the Press Release
An Iowa woman pleaded guilty yesterday in federal court to hate crime charges for attempting to kill two children because of their race and national origin.
According to admissions Nicole Poole Franklin, 42, made during the hearing, on the afternoon of Dec. 9, 2019, Poole Franklin was driving her Jeep Grand Cherokee on Creston Avenue in Des Moines, Iowa, where the first child-victim was walking along the sidewalk with another young relative. Upon seeing the children and believing that the victim was of Middle Eastern or African descent, Poole Franklin drove her vehicle over the curb towards both children, striking one of them. Poole Franklin then drove away from the scene. The assault resulted in injury to the victim, including cuts, bruising, and swelling. Approximately 30 minutes later, Poole Franklin was driving her Jeep near Indian Hills Junior High School in Clive, Iowa, where the second child-victim was walking on the sidewalk. Poole Franklin, believing that the child was Mexican, drove her vehicle over the curb and struck the victim, causing serious injury, including a concussion, bruises, and cuts. Poole Franklin again drove away from the scene but was apprehended later that day.
Poole Franklin is also expected to plead guilty in state court later today to two counts of attempted murder.
“Nicole Poole Franklin attempted to kill two children because she thought they came from another country,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “All people in the United States, regardless where they come from, have the right to be free from fear of violence because of who they are. The Justice Department will continue to protect the civil rights of all individuals and prosecute hate crimes, as we have done in this case.”
“Our office will vigorously pursue civil rights prosecutions against individuals, such as Ms. Poole Franklin, for hate motivated attacks,” said Acting U.S. Attorney Richard Westphal of the Southern District of Iowa. “Protecting the rights of the residents of our community, more importantly, the families and children who live here, is one of the most important functions of the United States Attorney’s Office. These young and courageous victims, whatever their race, color, religion, or national origin, should not have to fear for their safety by merely walking down the street. The message from today’s hearing should be crystal clear – this sort of hateful violence is unacceptable, and the Department of Justice will continue to work with our federal, state, and local partners to hold accountable all who choose to violate another’s civil rights.”
“FBI Omaha agents worked diligently with our law enforcement partners to bring Nicole Poole Franklin to justice,” said Special Agent in Charge Eugene Kowel of the FBI Omaha Field Office. “It’s unimaginable that violence based on race, sexual identity or religious beliefs still exists in this day and age. The FBI will not tolerate someone committing such abhorrent violence against two children, just because of the color of their skin. The FBI and our law enforcement partners will continue to ensure that if a crime is motivated by bias, it will be investigated, and the perpetrators held responsible for their actions. We encourage everyone to report such crimes to the FBI.”
Poole Franklin’s federal sentencing date is set for Aug. 19. She faces a maximum statutory penalty of life in prison and a fine of up to $250,000 for each of the charged offenses.
This case was investigated by the FBI, with assistance from Des Moines and Clive Police Departments. Acting U.S. Attorney Richard D. Westphal of the Southern District of Iowa and Trial Attorneys Katherine DeVar and Andrew Manns of the Civil Rights Division are prosecuting the case.
DEA Announces 20th National Prescription Take Back DayRead the Press Release
United States Attorney SHAWN N. ANDERSON, for the Districts of Guam and the Northern Mariana Islands (NMI), will join the Drug Enforcement Administration (DEA) on Saturday, April 24th for its 20th National Prescription Drug Take Back Day. The biannual event will be held from 10:00 a.m. to 2:00 p.m., at thousands of collection sites around the country, including here in Guam and the NMI. This event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
DEA will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illegal drugs will not be accepted. DEA will continue to accept vaping devices, cartridges – in addition to tablets, capsules, patches, and any other medication in solid forms – at any of its drop off locations. It is important to note that DEA cannot accept devices containing lithium-ion batteries. If batteries cannot be removed before dropping off, please consult with stores that recycle lithium-ion batteries.
In 2019, citizens of Guam and the NMI turned in over 1,650 pounds collectively. According to the Centers for Disease Control and Prevention, the U.S. has seen an increase in overdose deaths during the COVID-19 pandemic, with 85,500 people dying of a drug overdose in just one year (August 2019 – August 2020), the largest number of overdoses recorded in a 12-month period. The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency but accelerated significantly during the first months of the pandemic.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards to others and the environment. This initiative addresses the public safety and public health issues that surround drugs languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
The following sites in Guam and the NMI are designated to receive unused prescription drugs and vaping device products on Saturday, April 24, 2021, between 10:00 a.m. and 2:00 p.m.:
- Agana Shopping Center (Center Court)
- Andersen Air Force Base Exchange (Entrance to Store)
- Dededo Mayor’s Office
- Guam Premier Outlets (Cold Stone Yogurt Bar)
- K-Mart (Entrance)
- Naval Base Guam - Navy Exchange (Food Court)
- Saipan Commonwealth Health Center (Outpatient Pharmacy)
- Rota Health Center
- Tinian Health Center
Contact DEA Resident Agent in Charge Kenneth Bowman at 671-472-7384 regarding any questions about prescription drug abuse and any concerns regarding drug-related activity on Guam or in the NMI.
For more information, go to www.dea.gov, www.DEATakeBack.com
U.S. Supreme Court Justice Sotomayor and Puerto Rico Supreme Court Chief Justice Maite Oronoz Address Latin American Judges at Justice Department’s Judicial Studies InstituteRead the Press Release
U.S. Supreme Court Justice Sonia Sotomayor and Puerto Rico Supreme Court Chief Justice Maite Oronoz today addressed over 157 judges from Argentina, Colombia, Costa Rica, Ecuador, El Salvador, Dominican Republic, Guatemala, Honduras, Mexico, Panama and Peru as part of a Department of Justice training program for the judiciaries of the Western Hemisphere.
During the virtual event held at the Judicial Studies Institute (JSI), Justice Sotomayor discussed the role of the judge and judicial independence. She also stressed the importance of their contribution to the rule of law in the hemisphere and lauded them for their role in the transformation of Latin American justice.
Chief Justice Maite Oronoz spoke about transparency, accountability and education as mechanisms to protect and strengthen judicial independence. She also encouraged the judges to participate in education initiatives to promote a better understanding of the role of the courts and therefore increase public confidence in the judiciary.
With the support of Justice Sotomayor, and in partnership with the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs, the Justice Department’s Office of Prosecutorial Development, Assistance and Training (OPDAT) launched JSI in 2012 as a response to the wave of justice sector reforms in Latin America that saw many countries transition from an inquisitorial to an adversarial system of justice. Through Spanish instruction, practical exercises, and observations of courtroom proceedings, participating judges learned about evidentiary guidelines, the role of judges, and courtroom management in an adversarial justice system.
This capacity building is critical to the region as there are significant differences between the two systems. For example, in an inquisitorial system, judges investigate charges and determine guilt through written deliberations behind closed doors. In an adversarial system, the judge acts as an impartial referee responsible for weighing evidence and guaranteeing the rights of both the victim and the accused in an open courtroom setting.
Since establishing JSI in 2012, OPDAT and its partners at the University of Puerto Rico and Inter-American University law schools have trained over 900 Latin American judges.
Please visit https://www.supremecourt.gov/ for more information about the U.S. Supreme Court and https://www.justice.gov/criminal-opdat for more information about OPDAT’s capacity building efforts around the world.
Readout of Deputy Attorney General Lisa O. Monaco's First DayRead the Press Release
Today, Lisa O. Monaco was sworn in as the 39th Deputy Attorney General (DAG) of the United States. She returns to the Department of Justice where she first arrived as an intern 26 years ago, and went on to hold a variety of leadership roles at both the Department and the FBI. DAG Monaco held a series of meetings with DOJ staff and received briefings on the January 6th Capitol Attack investigation and on national security. In an all hands meeting with her immediate staff, DAG Monaco reiterated her commitment to reaffirming the Department’s foundational mission and core values, pursuing the Constitution’s promise of equal justice, and ensuring the safety of all who call America home. Late in the day she sent an email to the DOJ workforce thanking them for their dedication, and conveying how honored she is to serve alongside them.
She is pictured here looking on as Attorney General Merrick Garland delivers remarks at her swearing in ceremony.
New York Fisherman and Fish Dealer Charged with Conspiracy, Fraud, and ObstructionRead the Press Release
Today, a federal grand jury in the Eastern District of New York unsealed the indictment of one fisherman, a wholesale fish dealer, and two of its managers for conspiracy to commit mail and wire fraud and obstruction in connection with a scheme to illegally overharvest fluke and black sea bass. All four defendants are from Montauk.
Christopher Winkler, 61, Bryan Gosman, 48, Asa Gosman, 45, and Bob Gosman Co. Inc. were charged with one count of conspiracy to commit mail and wire fraud as well as to unlawfully frustrate the National Ocean and Atmospheric Administration's (NOAA) efforts at regulating federal fisheries. Winker and the corporate defendant each face substantive fraud charges. In addition, each of the defendants was charged with obstruction.
The indictment alleges that between May 2014 and July 2016, Winkler, as captain of the New Age, went on approximately 70 fishing trips where he caught fluke or black sea bass in excess of applicable quotas. This fish was then sold to a now-defunct company and unindicted co-conspirator in the New Fulton Fish Market in the Bronx. Both Asa Gosman and Bryan Gosman had an ownership interest in the defunct company. After the Bronx company went under, Winkler sold a smaller quantity of his illegal catch directly to Bob Gosman Co. Inc., a Montauk fish dealer in which Asa Gosman and Bryan Gosman had a management role. The overages of fish included at least 74,000 pounds of fluke, and the overall over-quota fish (of all species) were valued at least $250,000 wholesale.
Under federal law, a fishing captain is required to accurately detail his catch on a form known as a Fishing Vessel Trip Report (FVTR), which is mailed to NOAA. Similarly, the first company that buys fish directly from a fishing vessel is termed a fish dealer, and fish dealers are required to specify what they purchase on a federal form known as a dealer report, which is transmitted electronically to NOAA. Pursuant to statutory mandate, NOAA utilizes this information to set policies designed to ensure a sustainable fishery. The indictment alleges that the part of the conspiracy was to falsify both FVTRs and dealer reports in order to cover-up the fact that fish were taken in excess of quotas.
Additionally, Asa Gosman, Bryan Gosman, and Bob Gosman Co. Inc., acting through its agents and employees, were charged with obstructing the investigation into these crimes by corruptly withholding certain documents and records sought by a federal grand jury.
Initiated as part of Operation One-Way Chandelier, the indictment is part of a multi-year, ongoing investigation into fisheries fraud on Long Island. The case is being investigated by NOAA’s Office of Law Enforcement. Trial Attorney Christopher Hale of the Justice Department’s Environment and Natural Resources Division's Environmental Crimes Section is prosecuting the case.
The defendants will be arraigned at a future date.
An indictment is only an accusation, and the defendants are presumed innocent until proven otherwise before a jury at trial.
Georgia Correctional Officer Pleads Guilty to Civil Rights Offense for Assaulting InmateRead the Press Release
A Georgia correctional officer pleaded guilty today to violating the civil rights of an inmate.
According to documents filed in connection with the guilty plea, Jamal Scott, 33, an on-duty correctional officer at the Valdosta State Prison (VSP) in Valdosta, struck an inmate with his fist multiple times while the inmate was handcuffed and lying on the ground on Dec. 29, 2018. Specifically, Scott, along with Correctional Officer Brian Ford, Sergeant Patrick Sharpe, and other prison officials, escorted the handcuffed inmate to an outdoor area on the grounds of the prison for the purpose of assaulting the inmate in retaliation for an earlier altercation between the inmate and a female officer. Scott and Ford, carrying out a directive from their supervisor, Sharpe, took the inmate to the ground and struck him multiple times in the body. The inmate was handcuffed and compliant at the time of the assault.
Ford previously pleaded guilty on Nov. 9, 2020, to one count of deprivation of rights under color of law, for his role in this incident. Scott and co-defendant Sharpe were indicted in a four-count indictment on Dec. 11, 2020.
“When Scott assaulted this inmate, he violated the inmate’s civil rights and betrayed his oath of office as a correctional officer,” said Principal Deputy Assistant Attorney General Pam S. Karlan of the Justice Department's Civil Rights Division. “The Justice Department will continue to protect the civil rights of all individuals, and work to ensure that officers who abuse their power are held accountable.”
“Damaging repercussions are felt across our community and beyond whenever a sworn officer violates the civil rights of a person in their charge,” said Acting U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our office will work tirelessly to protect the civil rights of all people, and we will hold abusive officers accountable for breaking the laws they are sworn to uphold.”
“There is never a reason for a correctional officer to resort to violence that violates an inmate’s constitutional rights,” said Special Agent in Charge Chris Hacker of the FBI Atlanta Field Office. “The FBI understands that working in a correctional institution is stressful and dangerous work, and that the vast majority of the men and women working in these institutions do their jobs honorably on a daily basis. When an officer violates the rights of inmates in their care, it erodes public trust in these important positions and damages the reputation of the hard-working officers who continue to serve.”
Scott faces a maximum statutory penalty of up to 10 years in prison and a fine of up to $250,000. A sentencing hearing has not been scheduled at this time.
This case was investigated by the FBI and was prosecuted by Trial Attorneys Katherine G. DeVar and Nicole Raspa of the Civil Rights Division, with assistance from Criminal Chief Michael Solis of the U.S. Attorney’s Office for the Middle District of Georgia.
Colorado Businessman Indicted for Employment Tax FraudRead the Press Release
A federal grand jury in Denver, Colorado, returned an indictment charging a Bow Mar, Colorado, businessman with tax evasion, failing to pay over employment taxes, and failing to file tax returns.
According to the indictment, Frank Stevens owned Stevens & Soldwisch Oil and Gas Properties I LLC (Soldwisch) and Northeastern Energy Corporation (Northeastern). Soldwisch owned an oil producing field in Michigan, and Northeastern employed the workers hired to extract oil from Soldwisch’s field. The indictment alleges that during quarters in 2014 and 2015, Stevens withheld taxes from Northeastern employees, but did not pay those withheld funds over to the IRS. The indictment further alleges that Stevens evaded paying taxes that were assessed against Northeastern and himself personally, by transferring funds out of bank accounts in his and Northeastern’s names. He also allegedly did not file tax returns on behalf of his businesses as required by law. According to the indictment, the IRS had assessed more than $700,000 in penalties against Stevens for outstanding employment taxes.
Stevens had his initial court appearance before U.S. Magistrate Judge Scott T. Varholak of the U.S. District Court for the District of Colorado. If convicted, he faces a maximum of five years imprisonment for each of the tax evasion and employment tax counts, and he further faces a maximum of one year in prison on each of the failing to file tax return counts. 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 Investigations is investigating the case.
Assistant Chief Yael T. Epstein and Trial Attorneys Peter J. Anthony and Julia M. Rugg of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Attorney General Merrick B. Garland Announces Investigation of the City of Minneapolis, Minnesota, and the Minneapolis Police DepartmentRead the Press Release
Attorney General Merrick B. Garland announced today the Justice Department has opened a pattern or practice investigation into the City of Minneapolis (the City) and the Minneapolis Police Department (MPD). The investigation will assess all types of force used by MPD officers, including uses of force involving individuals with behavioral health disabilities and uses of force against individuals engaged in activities protected by the First Amendment. The investigation will also assess whether MPD engages in discriminatory policing. As part of the investigation the Justice Department will conduct a comprehensive review of MPD policies, training and supervision. The department will also examine MPD’s systems of accountability, including complaint intake, investigation, review, disposition and discipline. The Department of Justice will also reach out to community groups and members of the public to learn about their experiences with MPD.
“The investigation I am announcing today will assess whether the Minneapolis Police Department engages in a pattern or practice of using excessive force, including during protests,” said Attorney General Garland. “Building trust between community and law enforcement will take time and effort by all of us, but we undertake this task with determination and urgency, knowing that change cannot wait.”
This morning, Department of Justice officials informed Minneapolis Mayor Jacob Frey, MPD Chief Medaria Arradondo, City Attorney Jim Rowader, City Coordinator Mark Ruff, and City Council President Lisa Bender of the investigation. The department will continue to work closely with both the City and MPD as the investigation progresses.
“One of the Civil Rights Division’s highest priorities is to ensure that every person in this country benefits from public safety systems that are lawful, responsive, transparent and nondiscriminatory,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department's Civil Rights Division. “It is essential that police departments across the country use their law enforcement authority, including the authority to use force, in a manner that respects civil rights and the sanctity of human life.”
“People throughout the city of Minneapolis want a public safety system that protects and serves all members of our community,” said Acting U.S. Attorney W. Anders Folk for the District of Minnesota. “This investigation by the Department of Justice provides a vital step to restore and build trust in the Minneapolis Police Department and its officers.”
The investigation is being conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The Act allows the Department of Justice to remedy such misconduct through civil litigation. The department will be assessing law enforcement practices under the First, Fourth and Fourteenth Amendments to the U.S. Constitution, as well as under the Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964 and Title II of the Americans with Disabilities Act.
The Special Litigation Section of the Department of Justice Civil Rights Division, in Washington, D.C., and the U.S. Attorney’s Office for the District of Minnesota, in Minneapolis, are jointly conducting this investigation. Individuals with relevant information are encouraged to contact the Department of Justice via email at [email protected] or by phone at 866-432-0268. Individuals can also report civil rights violations regarding this or other matters using the Civil Rights Division’s new reporting portal, available at civilrights.justice.gov.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of Minnesota is available on its website at https://www.justice.gov/usao-mn.