District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Department of Justice Acts to Stop Sale of “Nano Silver” Product as Treatment for Covid-19Read the Press Release
The United States filed suit to halt the sale by a New Jersey entity of an unapproved “nano silver” product previously touted as a COVID-19 treatment, the Department of Justice announced today.
In a civil complaint for permanent injunction filed November 13, 2020 in U.S. District Court for the District of New Jersey, the United States alleged that Natural Solutions Foundation, Dr. Rima Laibow, and Ralph Fucetola sold and distributed a nano silver product that the defendants claim will cure, mitigate, treat, or prevent COVID-19. Defendants’ nano silver product purportedly contains silver particles in a solution. According to the government’s complaint, nano silver is not generally recognized as safe and effective by qualified experts for the use promoted by the defendants.
“The Department of Justice will not allow individuals to take advantage of the ongoing public health emergency by peddling unproven, unapproved drugs,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will continue to work closely with the Food and Drug Administration to halt the illegal sale of such products during this pandemic.”
“FDA will not hesitate to take strong action to enforce the Federal Food, Drug, and Cosmetic Act and protect the public from the unlawful distribution of products that have not been shown to be safe and effective in treating or preventing COVID-19,” said FDA Chief Counsel Stacy Amin. “Distributors of such products—especially those such as the defendants in this case, who have a history of violating the Act and, despite warning, failed to take prompt voluntary action to sufficiently correct their conduct—place unsuspecting American consumers at risk by offering their unproven products to treat serious diseases like COVID-19.”
The complaint alleges that the defendants introduced an unapproved new drug into interstate commerce, and that the disease claims defendants make lack support from well-controlled clinical studies or other credible scientific substantiation. Additionally, the complaint asserts that, because defendants’ product does not have adequate directions for lay users, the product is misbranded.
On May 19, 2020, FDA issued a joint Warning Letter with the Federal Trade Commission notifying the defendants that they violated the Federal Food, Drug, and Cosmetic Act by, among other things, distributing unapproved new drugs and misbranded drugs in interstate commerce. According to the complaint, the defendants removed certain claims regarding the nano silver product from their public-facing websites but failed to remove others.
In two other recent actions, the Department of Justice worked with FDA and other partners to halt the sale of silver products touted as COVID-19 treatments. In May, a federal court in the Eastern District of Oklahoma entered a temporary restraining order and then a preliminary injunction against Xephyr LLC, doing business as N-Ergetics, and its owners to stop the distribution of a colloidal silver product the defendants claimed would cure, mitigate, or treat COVID-19. In July, prosecutors obtained an indictment against Utah resident Gordon H. Pedersen alleging that he posed as a doctor to promote an ingestible silver-based product as a COVID-19 cure. In a related case, the company Pedersen previously co-owned, My Doctor Suggests LLC, agreed to plead guilty to a one-count criminal information.
The enforcement action is being prosecuted by Trial Attorney Brianna M. Gardner of the Department of Justice Civil Division’s Consumer Protection Branch, and Deputy Chief of the Government Fraud Section David Dauenheimer of the U.S. Attorney’s Office for the District of New Jersey, with assistance from Associate Chief Counsel for Enforcement Jaclyn Martínez Resly of the FDA, Office of General Counsel, Department of Health and Human Services.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of New Jersey, visit its website at https://www.justice.gov/usao-nj. For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit https://www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at [email protected]
Statement on DOJ Office of Professional Responsibility Report on Jeffrey Epstein 2006-2008 InvestigationRead the Press Release
The executive summary of a report by the Department of Justice’s Office of Professional Responsibility (OPR) was released today to affected victims. The summary, which is available on the Justice Department website, provides the essential details about the findings of OPR’s investigation into the U.S. Attorney’s Office for the Southern District of Florida’s resolution of its 2006–2008 federal criminal investigation of Jeffrey Epstein and its interactions with victims during the investigation.
While OPR did not find that Department attorneys engaged in professional misconduct, OPR concluded that the victims were not treated with the forthrightness and sensitivity expected by the Department. OPR also concluded that former U.S. Attorney Acosta exercised poor judgment by deciding to resolve the federal investigation through the non-prosecution agreement and when he failed to make certain that the state of Florida intended to and would notify victims identified through the federal investigation about the state plea hearing.
In order to fully respect the rights and dignity of Jeffrey Epstein’s many victims, the Department first invited victims and their legal representatives to be briefed this morning on the report’s contents. The Privacy Act prohibits the Department from releasing the full report publicly, but permits the report to be disclosed upon request to a congressional committee with jurisdiction over the matter, and this has been done.
We salute the courage of survivors as they again are confronted with these horrible crimes and their aftermath. The Department will thoroughly review the report, which will inform our implementation of the Crime Victims Rights’ Act and the Attorney General’s Guidelines on Victim and Witness Assistance.
Justice Department’s Procurement Collusion Strike Force Announces Eleven New National PartnersRead the Press Release
The Justice Department announced today that the Procurement Collusion Strike Force (PCSF) is adding 11 new national partners to the Strike Force, for a total of 29 agencies and offices committed on the national level to combatting collusion, antitrust crimes and related fraudulent schemes, which undermine competition in government procurement, grant and program funding.
Of the new partners, nine are U.S. Attorneys’ Offices, with complementary enforcement priorities in U.S. cities with diverse government spending profiles:
- David L. Anderson, Northern District of California
- Robert K. Hur, District of Maryland
- Erica H. MacDonald, District of Minnesota
- Michael Hurst, Jr., Southern District of Mississippi
- Seth D. DuCharme, Eastern District of New York
- Matthew G.T. Martin, Middle District of North Carolina
- Stephen Muldrow, District of Puerto Rico
- Stephen J. Cox, Eastern District of Texas
- Ryan Patrick, Southern District of Texas
The PCSF is also welcoming as national partners the United States Air Force Office of Special Investigations and Department of Homeland Security, Office of Inspector General, two critically important law enforcement partners with proven track records of working with the PCSF as well as the Antitrust Division.
“I am excited to welcome these new partners to the PCSF effort,” Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division said announcing the new partners in Washington, D.C. “By growing our national footprint, and folding in additional subject-matter experts, the PCSF is poised for even more success in its next year.”
“DHS OIG is pleased to join our law enforcement partners on the PCSF,” said Inspector General Joseph V. Cuffari of the Department of Homeland Security. “We look forward to working with the Strike Force to combat antitrust crimes and related schemes on behalf of American taxpayers.”
“OSI, led by our Office of Procurement Fraud Investigations team, is pleased to be a full national partner in the PCSF effort,” said Brigadier General Terry L. Bullard, Commander, Air Force OSI. “We are committed to the principles of the PCSF in ensuring we educate and inform our stakeholders to deter bad actors, and in investigating crimes when they do occur. We look forward to furthering this project together with the Department of Justice and sister agencies.”
In remarks delivered to the American Bar Association, Antitrust Section’s Fall Forum, Assistant Attorney General Delrahim also provided recap of the PCSF’s first year of accomplishments, which are detailed in a recent post to the department’s “Justice Blog.”
The PCSF has a publicly available website at www.Justice.gov/Procurement-Collusion-Strike-Force, where members of the public can review information about the federal antitrust laws and training programs, and report suspected criminal activity affecting public procurement. Individuals and companies are encouraged to contact the PCSF if they have information concerning anticompetitive conduct involving federal taxpayer dollars by emailing [email protected] or filling out the PCSF anonymous complaint form, located on the PCSF website.
Federal, state, and local agencies can also contact the PCSF at [email protected] for any training needs or to report suspected antitrust violations.
Justice Department Settles with Transportation and Logistics Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it reached a settlement with IAS Logistics DFW LLC, d/b/a Pinnacle Logistics (Pinnacle Logistics), a transportation and logistics company headquartered in Fort Worth, Texas.
The settlement resolves claims that Pinnacle Logistics discriminated against an asylee worker based on his citizenship status by rejecting the worker’s valid work authorization documents and terminating him when he could not satisfy the company’s request for specific and unnecessary immigration documents.
“Employers must not interfere with a worker’s lawful right to present acceptable work authorization documents to prove authorization to work in the United States,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We applaud Pinnacle Logistics’ decision to work with the Department of Justice and to change its practices to comply with the Immigration and Nationality Act’s non-discrimination protections.”
Based on its investigation, the department concluded that Pinnacle Logistics asked the asylee worker to present an additional, DHS-issued document because of his status as a non-U.S. citizen, even though he had already presented sufficient documentation establishing his work authorization. When the worker could not produce the document Pinnacle Logistics requested, despite being work-authorized, the company terminated him.
The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin. Instead, in the INA, Congress determined that all work-authorized individuals, regardless of citizenship status, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA does, however, permit employers to reject non-genuine looking documents.
Under the terms of the settlement agreement, Pinnacle Logistics will pay a civil penalty to the United States and back pay to the affected worker, will train its employees about the requirements of the INA’s anti-discrimination provision and proper E-Verify procedures, and will be subject to department reporting requirements over the term of the agreement.
The division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
The Civil Rights Division’s Protecting U.S. Workers Initiative, started in 2017 in the Immigrant and Employee Rights Section (IER), targets, investigates, and (where appropriate) brings enforcement actions against employers that intentionally discriminate against U.S. workers due to citizenship-status discrimination based on a preference for temporary visa workers. IER has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.
Justice Department Issues Guidance on the Use of Arbitration and Launches Small Business Help CenterRead the Press Release
The Antitrust Division of the Department of Justice announced the publication of two new resources on its website today.
First, the division issued updated and supplemental guidance on the use of arbitration, which includes case selection criteria to help identify Antitrust Division cases that would benefit from the application of arbitration. This guidance reflects the Antitrust Division’s experience using arbitration to resolve a civil antitrust lawsuit challenging Novelis’s proposed merger with Aleris Corporation. The updated document also contains guidance regarding the arbitration agreement, the decision whether to file a complaint in federal district court before the matter is referred to arbitration, arbitrator selection, arbitrator compensation and cost shifting, and the training of Antitrust Division staff on the use of arbitration.
Second, the division launched a new web resource to provide targeted antitrust information and guidance to small business owners. The new “Antitrust and Your Small Business” section of the division’s website contains user-friendly guidance and links to DOJ materials on antitrust “hot topics” relevant to small businesses, including tips on identifying potential anticompetitive conduct that harms small businesses, tips on avoiding and reporting criminal antitrust violations, requirements for applying to the criminal leniency program, tips on avoiding antitrust issues related to hiring and management, materials on COVID-19 and disaster relief, guidance on information sharing and trade associations, and more.
“Earlier this year, the Division prevailed in the first-of-its-kind arbitration of a merger challenge. The new guidance crystallizes our learning from that case and outlines how that learning may be applied to future matters,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Additionally, I am gratified that we are addressing the needs of small businesses in a targeted way. As we have repeatedly said, the antitrust laws are not solely applicable to the biggest businesses, but are meant to protect consumers, workers, and small businesses as well. Given these unprecedented times and the increased visibility of antitrust in the business community, the Antitrust Division hopes these resource pages will help small business owners better understand what the antitrust laws are, examples of conduct they prohibit, and ways to report potential violations.”
The arbitration guidance is available on the Antitrust Division’s website (/media/1104421/dl?inline) and will be published in the Federal Register.
The Antitrust Issues and Your Small Business resource pages can be accessed at www.justice.gov/atr/antitrust-issues-and-your-small-business.
Indivior Solutions Sentenced to Pay $289 Million in Criminal Penalties for Unlawful Marketing of Opioid DrugRead the Press Release
Indivior Solutions was sentenced to pay $289 million in criminal penalties in connection with a previous guilty plea related to the marketing of the opioid-addiction-treatment drug Suboxone, the Department of Justice announced today.
U.S. District Judge James P. Jones of the Western District of Virginia entered the sentence against Indivior Solutions pursuant to a plea agreement. Altogether, Indivior Solutions will pay $600 million to resolve its civil and criminal liability in this matter. In total, the payments made by Indivior Solutions and its parent companies, Indivior Inc. and Indivior plc, along with payments made under a 2019 resolution with Indivior’s former parent, Reckitt Benckiser Group plc, and criminal penalties paid pursuant to plea agreements with two former Indivior executives will exceed $2 billion. That amount represents the second-largest monetary resolution obtained by the Department of Justice in a case involving an opioid drug.
Suboxone, which contains the powerful opioid buprenorphine, is a drug product approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo treatment for opioid-use disorder. In connection with its guilty plea, Indivior Solutions admitted to making false statements to the Massachusetts Medicaid program (MassHealth) related to the relative safety of Suboxone Film, a version of Suboxone, around children.
“Combating the opioid epidemic is a top priority for the Department of Justice,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will hold drug manufacturers accountable when they make misrepresentations that could affect consumers’ access to opioid addiction treatments.”
Indivior Solutions, a subsidiary of Indivior Inc., pleaded guilty on July 24, 2020, to a one-count felony criminal information charging false statements relating to health care matters. Indivior Inc. agreed to terms complementing the Indivior Solutions guilty plea and agreed to implement prospective measures that include permanently disbanding Indivior Inc.’s Suboxone sales force and taking steps to prevent promoting Suboxone to health care providers at a high risk of inappropriate prescribing.
On June 30, 2020, Indivior’s former CEO, Shaun Thaxter, pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth. On Oct. 22, 2020, the court sentenced Thaxter to a six-month term of incarceration and $600,000 in criminal fines and forfeiture.
On Aug. 26, 2020, Indivior’s former medical director, Tim Baxter, pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth. Baxter’s sentencing hearing is scheduled for Dec. 17, 2020, before Judge Jones in Abingdon, Virginia.
“When a drug manufacturer claims to be part of the solution to the national opioid epidemic, we expect it to make honest representations to government officials, physicians and patients, who have to make crucial treatment decisions,” said Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia. “Instead, Indivior made false statements about Suboxone’s safety to increase its sales. I’m proud of the close relationship we have with our federal and state partners that led to today’s important result.”
“Pharmaceutical companies that falsely promote their drugs, intended to treat opioid addiction, as superior to other alternatives only worsens the opioid crisis that has touched far too many lives in the U.S. Such actions potentially narrow access to treatment for those who need it,” said Judy McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration. “We will continue to investigate and bring to justice those who devise and participate in these schemes to the detriment of the public health.”
In its guilty plea, Indivior Solutions, which employed marketing and sales personnel for the Indivior group of companies, admitted that in October 2012 it sought to convince MassHealth to expand Medicaid coverage of Suboxone Film in Massachusetts and sent MassHealth a misleading chart and false data indicating that Suboxone Film had the lowest rate of accidental pediatric exposure (i.e., children taking medication by accident) of all buprenorphine drugs in Massachusetts, when in fact it did not. Indivior Solutions further admitted that sending the false and misleading information occurred in the context of marketing and promotional efforts directed at MassHealth, which were overseen by top executives. MassHealth announced it would provide access to Suboxone Film for patients with children under the age of six shortly after Indivior provided the false and misleading information to agency officials.
The criminal case against Indivior was prosecuted by Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia; Albert P. Mayer and Carol Wallack of the Department of Justice Civil Division’s Commercial Litigation Branch; Charles J. Biro and Matthew J. Lash of the Department of Justice Civil Division’s Consumer Protection Branch; Kristin L. Gray, Joseph S. Hall and Janine M. Myatt of the Virginia Medicaid Fraud Control Unit of the Office of the Attorney General; and Garth W. Huston of the Federal Trade Commission. This matter was investigated by the Virginia Attorney General’s Medicaid Fraud Control Unit; FDA’s Office of Criminal Investigation; the United States Postal Service Office of Inspector General; and the Department of Health and Human Services Office of Inspector General.
The joint effort advances the goals of the department’s Prescription Interdiction & Litigation (PIL) Task Force to deploy all available criminal, civil, and regulatory tools to hold opioid manufacturers accountable for unlawful practices and to ensure that prescription opioid products are marketed truthfully.
For more information about the U.S. Attorney’s Office for the Western District of Virginia, visit its website at https://www.justice.gov/usao-wdva. Additional information about the Consumer Protection Branch and the Civil Fraud Section and their enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch and http://www. justice.gov/civil/fraud-section. 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).
El Departamento de Justicia Llega a un Acuerdo con una Agencia de Transporte y Logística que Resuelve unas Acusaciones de Discriminación Relacionada con la InmigraciónRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con IAS Logistics DFW, LLC, d/b/a Pinnacle Logistics (Pinnacle Logistics), una compañía de transporte y logística con sede en Fort Worth, Tejas. El acuerdo resuelve las acusaciones que Pinnacle Logistics había discriminado a un trabajador que era asilado con base en su estatus de ciudadanía al rechazar los documentos válidos de autorización para trabajar del trabajador y despedirlo cuando no pudo satisfacer la solicitud de la compañía de documentos migratorios específicos e innecesarios.
«Los empleadores no deben interferir en el derecho legal de un trabajador a presentar los documentos aceptables de autorización para trabajar para demostrar autorización para trabajar en los Estados Unidos», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Felicitamos a Pinnacle Logistics por decidir trabajar con el Departamento de Justicia y ajustar sus prácticas para que cumplan con las protecciones antidiscriminatorias de la ley de Inmigración y Nacionalidad».
Con base en su investigación, el Departamento concluyó que Pinnacle Logistics había pedido al trabajador asilado que presentara un documento adicional emitido por el Departamento de Seguridad Nacional debido a su condición como no ciudadano de los EE. UU., aunque ya había presentado suficiente documentación que demuestra su autorización para trabajar. Cuando el trabajador no pudo producir el documento que Pinnacle Logistics le había pedido, a pesar de estar autorizado para trabajar, la compañía lo despidió.
La disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. A su vez, en la INA, el Congreso determinó que todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, puede elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. No obstante, la INA sí permite que los empleadores rechacen documentos que no parecen ser genuinos.
Conforme los términos del acuerdo conciliatorio, Pinnacle Logistics pagará una sanción civil a los Estados Unidos y pagos retroactivos al trabajador afectado, capacitará a sus empleados acerca de los requisitos de la disposición antidiscriminatoria de la INA y los procedimientos apropiados para E-Verify y se someterá a los requisitos de declaración del Departamento durante el plazo del acuerdo.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias o la intimidación.
Para más información sobre protecciones contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o llamar a la línea directa de la IER para trabajadores para pedir ayuda.
La Iniciativa para la Protección de Trabajadores en Este País, de la División de Derechos Civiles, se lanzó en el 2017 en la IER y señala, investiga y (donde proceda) aplica medidas de cumplimiento a empleadores que intencionalmente discriminen a trabajadores en este país por motivos de su estatus de ciudadanía para dar preferencia a trabajadores temporales de visa. La IER ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de Trabajadores en Este País y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectadso en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que fueron discriminatorios en su uso de los programas de visa de H-1B, H-2A y H-2B.
Attorney General William P. Barr Honors Department of Justice Employees and Others for the 68th Annual Attorney General’s AwardsRead the Press Release
Today, Attorney General William P. Barr announced the recipients for the 68th Annual Attorney General’s Awards, recognizing Department of Justice employees and partners for extraordinary contributions to the enforcement of our nation’s laws. This year, 240 DOJ employees received awards, while 27 non-department individuals are also being honored for their work. This year, due to coronavirus restrictions, Attorney General Barr is honoring recipients virtually here.
“I am honored to recognize the recipients of this year’s Attorney General’s Awards, whose tireless work and steadfast dedication have proven critical to enforcing the rule of law and protecting all Americans,” said Attorney General William P. Barr. “Those honored today have demonstrated exceptional efforts and made tremendous personal sacrifices throughout their time working at the Department of Justice, and for that, I am truly thankful.”
The 68th Annual Attorney General’s Awards and recipients are as follows.
The Attorney General’s David Margolis Award for Exceptional Service is the department’s highest award for employee performance. Attorney General Barr recognizes Justice Management Division, Office of the Assistant Attorney General, Assistant Attorney General for Administration, Lee J. Lofthus.
The Attorney General’s Award for Distinguished Service is the department’s second highest award for employee performance; there are thirteen Distinguished Service Awards being awarded today.
The first Distinguished Award is presented to Special Agents Brad S. Brasher, Ryan C. Caudill, Russel R. King, Louisville Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, and; Majors Richmond (Kentucky) Police Department William J. O’Donnell and Rodney O. Tudor.
The second Distinguished Award is presented to Section Chief Lynda K. Marshall, Assistant Section Chief Caldwell Harrop, Trial Attorney Timothy S. Longman, and Paralegal Specialist Jessica A. Rodriguez of the Antitrust Division, International Section.
The third Distinguished Award is presented to September 11th Victim Compensation Fund Special Master Rupa Bhattacharyya and Deputy Special Master Stefanie G. Langsam, of the Civil Division.
The fourth Distinguished Award is presented to Deputy Chief, Special Operations Leonard H. LeVine, Jr., Acting Assistant Deputy Chief Adrienne L. Rose, and Trial Attorney Kaitlin J. Sahni Narcotic and Dangerous Drug Section; Trial Attorney Margaret N. O’Malley of the Office of International Affairs, Criminal Division; Assistant U.S. Attorney Christopher C. Myers, Supervisory Paralegal Specialist Debora J. Wilson, Victim/Witness Specialist Dimple A. Smith, Legal Assistant Lori E. Daly of the U.S. Attorney’s Office for the District of North Dakota; Assistant U.S. Attorney Scott M. Kerin of the U.S. Attorney’s Office for the District of Oregon; Special Agent Michael A. Buemi, Miami Division, Drug Enforcement Administration; Special Agent Steven J. Gilpin, North Dakota Bureau of Criminal Investigations, and; Special Agents Guy Gino, Alexis J. Gregory, and Jeremy L. Grube, Homeland Security Investigations, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security.
The fifth Distinguished Award is presented to Deputy Chief Keith A. Becker and Trial Attorneys Ralph A. Paradiso and Lisa Marie Freitas, Child Exploitation and Obscenity Section, Criminal Division; Senior Trial Attorneys Judith H. Friedman and Lynn C. Holliday, Office of International Affairs, Criminal Division; Deputy Chief Michael J. Stawasz, Senior Counsels Jared S. Hosid and Nathan P. Judish, Computer Crime and Intellectual Property Section, Criminal Division; Assistant U.S. Attorneys Kristi N. O’Malley and Thomas M. Sullivan of the U.S. Attorney’s Office for the District of Maryland; Supervisory Special Agents J. Brooke Donahue and P. Michael Gordon, Criminal Investigative Division, FBI; Supervisory Agent Steven A. Smith, Jr., Cyber Division, FBI, and; Supervisory Special Agent Daniel E. O’Donnell, Critical Incident Response Group, FBI.
The sixth Distinguished Award is presented to Special Litigation Counsel Julia K. Gegenheimer, Trial Attorney Patricia A. Sumner, Supervisory Paralegal Specialist Kimberly N. Lawrence, Criminal Section, Civil Rights Division; Assistant U.S. Attorney Mack E. Jenkins and Paralegal Specialist Adriana Abalos of the U.S. Attorney’s Office for the Central District of California; Supervisory Special Agent Randy R. Gonzalez, Criminal Investigative Division, FBI; Supervisory Special Agent Ramon C. Johnson, New York Field Office, FBI; and Special Agents Caroline A. Walling and Michael Richard Ramsey, Los Angeles Field Office, FBI.
The seventh Distinguished Award is presented to Section Chief Lisa Lynne Russell, Principal Deputy Chief James D. Gette, Assistant Section Chief Guillermo A. Montero, Senior Litigation Counsel Frank J. Singer, Senior Attorney Marissa A. Piropato, Trial Attorneys Sean C. Duffy, Clare M. Boronow, and Erika D. Norman, Natural Resources Section, Environment and Natural Resources Division, and; Principal Deputy Chief Andrew C. Mergen, and Trial Attorneys Robert J. Lundman and Sommer H. Engels, Appellate Section, Environment and Natural Resources Division.
The eighth Distinguished Award is presented to Assistant U.S. Attorneys Celia V. Cohen, Scott A. Hartman, Jaqueline C. Kelly, Alexandra N. Rothman, and Hagan Scotten, Special Agent John J. Carillo, and Paralegal Specialist Shannon N. Becker of the U.S. Attorney’s Office for the Southern District of New York; Special Agents Christopher J. Munger, Elizabeth Nygaard, Theodore J. Otto III, and Cindy A. Peil, New York Field Office, FBI; Supervisory Special Agent Luigi Mondini, Chicago Division, FBI; Detective Darrell J. Julien and Task Force Officer William E. Dionne, New York City Police Department.
The ninth Distinguished Award is presented to Assistant U.S. Attorneys David G. Lazarus, Susan M. Poswistilo, Mark T. Quinlivan, Amanda P.M. Strachan, Fred M. Wyshak, Jr., K. Nathaniel Yeager, Victim Assistance Specialist Jessica M. Pooler, and Litigation Technology Specialist Helen R. Bower of the U.S. Attorney’s Office for District of Massachusetts; Special Agents Vivian M. Barrios, Paul S. Baumrind, Staff Operations Specialist Stacey Schlender, and Forensic Accountant Bridget Horan, Boston Field Office, FBI; Special Agent Sharon L. Moorefield, Office of Criminal Investigations, U.S. Food and Drug Administration; Special Agent Scott T. Wisnaskas, Office of Inspector General, U.S. Department of Health and Human Services, and; Senior Investigator Christine M. Tang, Employee Benefits Security Administration, U.S. Department of Labor.
The tenth Distinguished Award is presented to Supervisory Attorney-Advisors Alan M. Fisher and Sean S. Park, Office of Intelligence, National Security Division; Trial Attorney Adam L. Small, Counterintelligence and Export Control Section, National Security Division; Assistant U.S. Attorney William N. Hammerstrom, Jr. of the U.S. Attorney’s Office for the Eastern District of Virginia; Supervisory Special Agent Ryan C. Gaynor and Special Agents Christine A. Botz and Christina M. Sun, Washington Field Office, FBI.
The eleventh Distinguished Award is presented to Special Counsel Paul P. Colborn and Attorney-Advisors Kevin J. Barber, Christine M. Buzzard, Nathan A. Forrester, Jared M. Kelson, David K. Suska, Ryan N. Watzel, Office of Legal Counsel.
The twelfth Distinguished Award is presented to Pro Bono Program Manager Laura F. Klein, Professional Responsibility Advisory Office.
The thirteenth Distinguished Award is presented to Chief Senior Litigation Counsel Dennis M. Donohue and Senior Litigation Counsel Kari Madrene Larson, Office of Civil Litigation, Tax Division; Senior Litigation Counsel Judith A. Hagley, Appellate Section, Tax Division; Trial Attorneys Matthew S. Johnshoy, Gregory L. Jones and Harris J. Phillips, Civil Trial Section, Tax Division, and; Assistant U.S. Attorney William E. Farrior of the U.S. Attorney’s Office for the Western District of Oklahoma.
The Attorney General’s Award for Excellence in Law Enforcement recognizes outstanding professional achievements by law enforcement officers of the Department of Justice. This year, one Excellence in Law Enforcement Award is presented to Supervisory Special Agent Clifford R. Swindell, Special Agent Kevin W. McDonald, Baltimore Field Office, FBI; Task Force Officers Joseph Landsman, Jeffrey Lilly, Mark Neptune, Baltimore Police Department, and; Task Force Officer Daniel DeLorenzo, Anne Arundel County (Maryland) Police Department.
The Attorney General’s Award for Exceptional Service in Indian Country recognizes extraordinary efforts by those who demonstrated the department’s commitment to fighting crime in Indian Country. This year, two Exceptional Service in Indian Country Awards are being presented.
The first Exceptional Service in Indian Country is presented to Assistant U.S. Attorneys Jeffrey K. Starnes, Lori Harper Suek, Paralegal Tammy M. Farris, and Victim/Witness Specialist Keri B. Leggett of the U.S. Attorney’s Office for the District of Montana; Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman and Paralegal Lori E. Climis of the U.S. Attorney’s Office for the District of South Dakota; Special Agent Fred Bennett, Office of Justice Services, Bureau of Indian Affairs; Special Agent in Charge Curt L. Muller, Assistant Special Agent in Charge Anissa D. Andrews, Special Agents Justin C. Christman and Justin W. Reedy, Office of Inspector General, U.S. Department of Health and Human Services, and; Police Officers Frank Goings, Charlie Wolftail, and Sarah Wolftail, Blackfeet Law Enforcement Agency.
The second Exceptional Service in Indian Country is presented to Special Agent Elizabeth A. Green, San Francisco Field Office, FBI; Special Agents Aaron D. Christensen, Larry J. McGrail II, Victim Specialist Michele L. Stewart, and Evidence Technician Susan L. Stephenson, Salt Lake City Division, FBI; Assistant U.S. Attorney Lori HarperSuek of the U.S. Attorney’s Office for the District of Montana, and; Special Agent John J. Grinsell, Bureau of Indian Affairs, U.S. Department of the Interior.
The Attorney General’s Award for Excellence in Management recognizes outstanding administrative or managerial achievements, which have significantly improved operations, productivity, or reduced costs. This year, two Excellence in Management Awards are being presented.
The first Award for Excellence in Management is presented to Assistant U.S. Attorney Mary E. Toscano of the U.S. Attorney’s Office for District of New Jersey.
The second Award for Excellence in Management is presented to Deputy Assistant Inspector General Allison E. Russo, Evaluation and Inspections Division, Office of the Inspector General, and; Assistant Regional Audit Manager Elizabeth M. Smith, Auditors Gerardo Cartagena and Jessica M. Rivera, and Program Manager Jessica R. Brower, Audit Division, Office of the Inspector General.
The Attorney General’s Award for Excellence in Information Technology recognizes outstanding achievements in applying information technology to improve operations and productivity, reduce or avoid costs, and solve problems. One Excellence in Information Technology Award is presented to Supervisory Information Technology Specialists George A. Cramer, Omar S. Khan, Anmy D. Torres Lawrence P. Packard, Information Technology Specialists Dee A. Alkire, Natasha Gibson, Christopher M. Greer, Connie LaSalle, Darrell L. Lyons, Matthew K. Phillips, Eliot E. Schmidt, James W. Schreiner, Benjamin L. Schwarten, Jun B. Yun, Office of the Chief Information Officer, and; Supervisory Security Specialist Robert L. Mack II, Security and Emergency Planning Staff, Justice Management Division.
The Attorney General’s Award for Excellence in Furthering the Interests of U.S. National Security recognizes outstanding achievements and contributions towards protecting U.S. National Security. One Excellence in Furthering the Interests of U.S. National Security Award is presented to Supervisory Attorney-Advisors Tyrone A. Brown and Loyaan A. Egal, Foreign Investment Review Section, National Security Division.
The Attorney General’s Award for Equal Employment Opportunity is the department’s highest award for performance in support of the Equal Employment Opportunity Program. One Equal Employment Opportunity Award is presented to Senior Trial Attorney Liza Zamd and Trial Attorney Stacey I. Young, Immigrant and Employee Rights Section, Civil Rights Division; Trial Attorney Eliza P. B. Dermody, Disability Rights Section, Civil Rights Division; Trial Attorney Colleen M. Phillips, Educational Opportunities Section, Civil Rights Section; Senior Trial Attorney Patricia L. Stasco, Employment Litigation Section, Civil Rights Division; Trial Attorney Melanie Krebs-Pilotti, International Section, Antitrust Division; Trial Attorney Patricia L. Sindel, Technology and Financial Services Section, Antitrust Division; Trial Attorney Danielle Wolfson Young, Federal Programs, Civil Division; Trial Attorneys Lindsay C. Dunn, Allison Frayer, Stefanie Notarino Hennes, Office of Immigration Litigation, Appellate Section, Civil Division; Assistant Director Marc R. Salans, Office of Attorney Recruitment and Management, Justice Management Division, and; Supervisory Attorney-Advisor Shana N. Eaton, Office of Intelligence, National Security Division.
The Attorney General’s Award for Excellence in Legal Support recognizes outstanding achievements in the field of legal support to attorneys by paralegal specialists and other legal assistants. Three Excellence in Legal Support Awards are presented this year.
The first Excellence in Legal Support Award in the paralegal category is presented to Paralegal Specialist Minnie V. Becton, Environmental Enforcement Section, Environment and Natural Resources Division.
The second Excellence in Legal Support Award in the paralegal category is presented to Supervisory Paralegal Specialist Christina J. Griffiths of the U.S. Attorney’s Office for the Middle District of Florida.
The third Excellence in Legal Support Award in the legal support category is presented to Legal Assistant Jennifer L. Goldbetter, Environmental Enforcement Section, Environment and Natural Resources Division.
The Attorney General’s Award for Excellence in Administrative Support recognizes outstanding performance in administrative or managerial support by administrative employees or secretaries. Two Excellence in Administrative Support Awards are being presented.
The first Excellence in Administrative Support Award in the Administrative category is presented to Administrative Officer Elaine A. Thompson, Atlanta Regional Office, U.S. Trustee Program.
The second Excellence in Administrative Support Award in the Secretarial category is presented to Warden’s Secretary Rodell T. Fletcher, Federal Correctional Institution – Edgefield, SC Federal Bureau of Prisons.
The John Marshall Awards are the department’s highest awards offered to attorneys, which recognizes attorneys for their contributions and excellence in specialized areas of legal performance. Thirteen awards in nine categories are being presented this year.
The first John Marshall Award in the Trial of Litigation category is presented to Assistant U.S. Attorneys David D. Leshner, Todd W. Robinson, U.S. Attorney’s Office for the Southern District of California.
The second John Marshall Award also in the Trial of Litigation category is presented to Trial Attorney Richard M. Rolwing, Northern Criminal Enforcement Section, Tax Division, and; Senior Litigation Counsel John E. Sullivan and Trial Attorneys Leslie A. Goemaat and Arthur J. Ewenczyk, Western Criminal Enforcement Section, Tax Division.
The third John Marshall Award in the Participation in Litigation category is presented to Assistant Section Chiefs Lisa A. Scanlon and Yvette F. Tarlov and Trial Attorneys Meagan K. Bellshaw, Lee F. Berger, Mona S.K. Haar, Sarah H. Licht, Craig D. Minerva, Media, Entertainment, and Professional Services Section, Antitrust Division.
The fourth John Marshall Award also in the Participation in Litigation category is presented to Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski, Office of International Affairs, Criminal Division, and; Assistant U.S. Attorney Robert J. Emery, U.S. Attorney’s Office for the Southern District of Florida.
The fifth John Marshall Award in the Support of Litigation category is presented to Senior Counsel Wendy R. Waldron, Computer Crime and Intellectual Property Section, Criminal Division; Criminal Division Deputy Chief Sarah M. Kauke and Trial Attorney Molly S. Braese, Office of Enforcement Operations, Criminal Division; Assistant U.S. Attorney Amy E. Larson of the U.S. Attorney’s Office for the District of Columbia; Assistant General Counsel Christopher G. Bubb, Office of the General Counsel, FBI, and; Trial Attorney Jennifer Kennedy Gellie, Counterintelligence and Export Control Section, National Security Division.
The sixth John Marshall Award also in the Support of Litigation category is presented to Assistant U.S. Attorney Hollie W. Reed of the U.S. Attorney’s Office for the Middle District of Alabama.
The seventh John Marshall Award in the Handling of Appeals category is presented to Trial Attorney John M. Pellettieri, Appellate Section, Criminal Division.
The eighth John Marshall Award in the Providing Legal Advice category is presented to Appellate Litigation Counsel Mark B. Stern and Trial Attorneys Daniel Aguilar and Joshua M. Salzman, Appellate Staff, Civil Division.
The ninth John Marshall Award also in the Providing Legal Advice category is presented to Assistant U.S. Attorney Herbert L. Bunton III of the U.S. Attorney’s Office for the Western District of Texas.
The tenth John Marshall Award in the Preparation or Handling of Legislation category is presented to General Counsel Rafael A. Madan, Office of the General Counsel, Office of Justice Programs.
The eleventh John Marshall Award in the Preparation of Asset Forfeiture category is presented to Assistant U.S. Attorneys Jonathan S. Galatzan, Michael R. Sew Hoy, John J. Kucera, Poonam G. Kumar, and Steven R. Welk, U.S. Attorney’s Office for the Central District of California; Assistant U.S. Attorney Andrea Duvall, U.S. Attorney’s Office for the District of Columbia; Assistant U.S. Attorney Christopher Cardani, U.S. Attorney’s Office for the District of Oregon; Associate Director Jeffrey M. Olson, Senior Trial Attorney Colette L. Ford, Trial Attorney Erin E. Mikita, Office of International Affairs, Criminal Division, and; Deputy Chief, International Unit Mary K. Butler, Deputy Chief Woo S. Lee, Senior Trial Attorney Jonathan T. Baum, Trial Attorneys Barbara Yu. Levy and Joshua L. Sohn, Money Laundering and Asset Recovery Section, Criminal Division.
The twelfth John Marshall Award in the Preparation of Alternative Dispute Resolution category is presented to Acting Chief John R. Read, Trial Attorneys Thomas P. DeMatteo, James K. Foster, Catherine S. Montezuma, Samer M. Musallam, Blake W. Rushforth, Lowell R. Stern, Angela Y. Ting, and Bashiri B. Wilson, Defense, Industrials, and Aerospace Section, Antitrust Division, and; Trial Attorneys William H. Jones II and Ethan D. Stevenson, Media, Entertainment, and Professional Services Section, Antitrust Division.
The thirteenth John Marshall Award in the Interagency Cooperation category is presented to Senior Assistant Regional Counsel D. Henry Elsen, Region 8 – Montana Operations Office, U.S. Environmental Protection Agency.
The Claudia J. Flynn Award for Professional Responsibility recognizes department attorneys who have made significant contributions in the area of professional responsibility by successfully handling a sensitive and challenging professional responsibility issue in an exemplary fashion and/or leading efforts to ensure that department attorneys carry out their duties in accordance with the rules of professional conduct. This year’s Claudia J. Flynn Award is presented to Senior Legal Advisor Patrice M. Mulkern, Professional Responsibility Advisory Office; Assistant U.S. Attorney Francis M. Hamilton III, U.S. Attorney’s Office for the Eastern District of Tennessee; Assistant U.S. Attorney Cecil VanDevender, U.S. Attorney’s Office for the Middle District of Tennessee, and; Assistant U.S. Attorney Tony R. Arvin, U.S. Attorney’s Office for the Western District of Tennessee.
The Attorney General’s Award for Fraud Prevention recognizes exceptional dedication and effort to prevent, investigate, and prosecute fraud, white-collar crimes, and official corruption. This year’s Fraud Prevention Award is presented to Trial Attorneys Joshua D. Rothman and Philip M. Toomajian, Investigator Luke M. Shoemaker, Consumer Protection Branch, Civil Division; Senior Trial Attorney John A. Beasley, Jr., Office of International Affairs, Criminal Division; Assistant U.S. Attorneys Luis M. Perez, Kimberly A. Selmore, Paralegal Specialist Maureen Booker, U.S. Attorney’s Office for the Southern District of Florida, and; Postal Inspectors Bryan Masmela and Luis F. Soler, Miami Division, U.S. Postal Inspection Service.
The Attorney General’s Award for Outstanding Contributions to Community Partnerships for Public Safety recognizes outstanding achievement in the development and support of community partnerships designed to address public safety within a community. Two Outstanding Contributions to Community Partnerships for Public Safety Awards are being presented this year.
The first Outstanding Contributions to Community Partnerships for Public Safety is presented to Special Agent Michael C. Coad, Tampa Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives.
The second Outstanding Contributions to Community Partnerships for Public Safety is presented to Counsel Amy M. Markopoulos, Health Care Fraud Unit, Fraud Section, Criminal Division.
The Cubby Dorsey Award for Outstanding Service by a Wage Grade System Employee recognizes extraordinary performance and contributions by wage grade system employees, including laborers, mechanics, and skilled craft workers. One Cubby Dorsey Award for Outstanding Service by a Federal Wage Grade System Employee is presented to, Utility System Repairer – Operator Leader Allen B. Hudson, Finance and Facilities Division, FBI.
The Attorney General’s Award for Outstanding Contributions by a New Employee recognizes exceptional performance and notable accomplishments towards the department’s mission by an employee with fewer than five years of federal career service. The Attorney General’s Award for Outstanding Contributions by a New Employee is presented to Trial Attorney Julie A. Finocchiaro, Organized Crime and Gang Section, Criminal Division.
The Edward H. Levi Award for Outstanding Professionalism and Exemplary Integrity pays tribute to the memory and achievements of former Attorney General Edward H. Levi. This award is presented to an individual whose career as an attorney, law professor and dean, and public servant exemplified these qualities in the best traditions of the Department. This year’s Edward H. Levi Award is presented to Deputy Assistant Attorney General Kevin R. Jones, Office of Legal Policy.
The Attorney General’s Award for Meritorious Public Service, the top public service award granted by the department, recognizes the most significant contributions of citizens and organizations that have assisted the department in the accomplishment of its mission and objectives. Two Meritorious Public Service Awards are being presented this year.
The first Award for Meritorious Public Service is presented to, Phoenix 11, a group of 11 survivors whose child sexual abuse was recorded, and in the majority of cases, distributed online. This group has banded together to challenge the inadequate responses to the prevalence of child sexual abuse images on the internet.
The second Award for Meritorious Public Service is presented to the Middle East Media Research Institute and its President and Founder, Yigal Carmon.
The last award presented this year is the Mary C. Lawton Lifetime Service Award, which recognizes employees who have served at least 20 years in the department and who have demonstrated high standards of excellence and dedication throughout their careers. This award is presented only in exceptional circumstances to those individuals of special merit and is not awarded to express general appreciation for tenure alone. This year’s the Mary C. Lawton Award is presented to Supervisory Criminal Investigator Daniel P. Wertheimer, Investigative Operations Division, U.S. Marshals Service.
Statement by Assistant Attorney General Eric Dreiband for the Civil Rights Division on Veterans DayRead the Press Release
The Civil Rights Division of the U.S. Department of Justice and its Servicemembers and Veterans Initiative would like to wish a happy Veterans Day to our soldiers, both past and present. We owe you our thanks, but more than that, we owe you our freedom. As the head of the Civil Rights Division, I am entrusted with enforcing laws that protect the rights of the brave men and women of our nation’s armed forces, and the veterans who have served in the past. Enforcement of these very important federal civil rights laws helps ensure that these men and women can continue to safeguard our freedom.
Our nation’s servicemembers have been tasked with novel and difficult tasks this year. When COVID -19 reached our shores, tens of thousands of members of our National Guard in all 50 states responded to the pandemic. Many of these same servicemembers, as well as thousands of others, were also deployed in response to the public demonstrations in the past months. In March 2020, the Department of Defense issued stop movement orders on domestic and overseas travel for all military personnel and their families. These orders were necessary to slow the spread of the virus and to protect force readiness. Unfortunately, the Servicemembers Civil Relief Act did not protect servicemembers who had to terminate their leases in order to comply with these orders. This meant that servicemember-lessees could have been forced to pay rent for a property that they were unable to occupy or to make car payments for a vehicle they were unable to drive due to military orders.
Upon learning about this problem, the Civil Rights Division and its Servicemembers and Veterans Initiative mobilized to work on a solution. Fortunately, on July 20, Congress passed S. 3637, a bill to allow for lease termination based on stop movement orders. On Aug. 14, 2020, President Donald J. Trump signed the bill into law. As a result, servicemembers can rest assured that the law will protect them when stop movement orders related to COVID-19 – or any future local, national or global emergency – require them to terminate their leases.
While we maintain vigilance with respect to the deployments and orders related to COVID-19, we also continue to commit time and resources to protect the rights of servicemembers. The employees of the Department of Justice are proud to serve our nation’s men and women in uniform in this capacity. We at the Civil Rights Division ardently enforce three statutes that protect the rights of service members; the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Servicemembers Civil Relief Act (SCRA), and the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
The right to vote is among our most fundamental civil rights. Protecting the rights of servicemembers and their families to vote in our nation’s federal elections, whether they are serving here or abroad, is one of our highest priorities. Through the enforcement of the UOCAVA, the department ensures that servicemembers and overseas U.S. citizens have the opportunity to request and receive absentee ballots in time to vote and have their votes counted in federal elections. The department vigilantly monitored nationwide compliance with UOCAVA for all federal elections in the 2020 cycle. In 2020, the department also filed statements of interest in lawsuits in Georgia and Massachusetts to ensure that eligible military and overseas voters would have sufficient time to vote. In each case, the private lawsuits sought modifications to election-related dates, and the department’s briefs explained the importance of the UOCAVA requirement that states transmit absentee ballots no later than 45 days prior to any federal election.
Our Housing and Civil Enforcement Section, in collaboration with U.S. Attorney’s offices nationwide, enforces the SCRA, and has to date obtained over $474 million in remediation to over 120,000 service members whose financial rights were violated. These cases involved unlawful home foreclosures, vehicle repossessions, interest rate reductions, lease terminations, and default judgments. In 2019, the Division obtained a $3 million settlement against a Nissan Motors for repossessing vehicles owned by 113 qualified servicemembers. On Sept. 3, 2020, the division reached a $259,000 settlement with the City of San Antonio, TX to resolve allegations that the city violated the SCRA by auctioning, or otherwise disposing of, cars owned by protected servicemembers without first obtaining court orders.
The division’s Employment Litigation Section, also in collaboration with U.S. Attorney’s offices nationwide, continues to enhance its enforcement of USERRA against private, state, and local government employers, through litigation, facilitated settlements, outreach, and advocacy. Since the division assumed USERRA enforcement authority in 2004, it has filed 105 lawsuits and favorably resolved 193 complaints through consent decrees or private settlements.
The Civil Rights Division also continually looks for new ways to protect the rights of service members, veterans and military family members. For our veterans with disabilities, the division’s Disability Rights Section has focused on outreach to the veteran population about the protections of the Americans with Disabilities Act (ADA), which ensure equal access to all aspects of civic and community life. In recent months, the department resolved complaints from veterans who alleged that, because they use a service animal, they were denied access to restaurants, shops, and healthcare facilities.
America’s service members are willing to fight for us in the face of danger, and at great personal sacrifice especially in times like these.
While servicemembers carry the burdens of this nation, they should not have to worry that the financial sacrifices they are making will result in adverse actions, such as lenders foreclosing on their homes. They should not have to worry about facing employment discrimination due to their service. They should not have to worry about being able to vote while stationed away from home. They should not have to worry about being targeted for fraud and scams. And finally, our veterans should not face discrimination based on physical and mental disabilities.
We at the Department of Justice are committed to using all of the tools in our arsenal to fight for them. The violation of anyone’s civil rights is unacceptable and unlawful, and the Department of Justice will not tolerate any actions that violate the rights of service members or anyone else in our nation.
Justice Department Settles with a Car Rental Services Company to Resolve Immigration-Related DiscriminationRead the Press Release
The Justice Department announced today that it signed a settlement agreement with Fleetlogix Inc. (Fleetlogix) resolving claims that the company discriminated against work-authorized non-U.S. citizens by requiring them to provide specific and unnecessary work authorization documentation because of their citizenship or immigration status. Fleetlogix, based in San Diego, California, operates offices nationwide that provide cleaning and transportation services to rental car companies.
“The Immigration and Nationality Act requires employers to verify workers’ authorization to work in the United States and makes it illegal for employers to demand more or different documents than necessary, request specific documents, or reject reasonably genuine-looking documents because of a worker’s citizenship, immigration status, or national origin,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We are encouraged that Fleetlogix will work with the Department of Justice to ensure that any work-authorized individuals who unfairly missed work opportunities as a result of the practices at issue will receive appropriate back pay.”
The department’s underlying investigation that led to the settlement showed that Fleetlogix required specific documents from work‑authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA), such as I-94s (an “arrival-departure” record that the Department of Homeland Security issues to certain non-U.S. citizens and which can be used for the Form I-9 in some circumstances), Employment Authorization Documents (sometimes known as “work permits”) or Permanent Resident Cards (sometimes known as “green cards”), even though these individuals already presented other valid and legally sufficient documents to prove work authorization, such as a driver’s license and unrestricted Social Security card.
The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin. Instead, in the INA, Congress determined that all work-authorized individuals, regardless of citizenship status, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA does, however, permit employers to reject non-genuine looking documents.
As part of the settlement, Fleetlogix will pay civil penalties to the United States totaling $627,000, create a back pay fund for individuals who lost work due to the discrimination, train relevant employees on the requirements of the INA’s anti-discrimination provision, and change its policies and procedures.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (e.g., Form I-9 and E-Verify); or subjected to retaliation, can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
The Civil Rights Division’s Protecting U.S. Workers Initiative, started in 2017 in the Immigrant and Employee Rights Section (IER), targets, investigates, and (where appropriate) brings enforcement actions against employers that intentionally discriminate against U.S. workers due to citizenship-status discrimination based on a preference for temporary visa workers. IER has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.
Justice Department Invests $2.6 Million to Mitigate Violent Crime and Support Public Safety in Disruption EffortsRead the Press Release
The Department of Justice announced awards from the Office of Justice Programs (OJP) totaling $2.6 million to four jurisdictions to disrupt and mitigate threats of violence. The funds support state and local prosecutors and investigators who seek expertise from mental health and threat assessment experts to identify these individuals and prevent violent acts.
“Disruption and early engagement programs are part of the Department of Justice’s national strategy to disrupt potential mass shootings and other rapidly mobilizing threats of targeted violence,” said Deputy Attorney General Jeffrey A. Rosen. “This program provides funding that enables state and local authorities to work with federal partners and to develop new tools and tactics to continue protecting the safety and well-being of our communities.”
Prioritized nationally by the Attorney General in October 2019, disruption and early engagement programs leverage relationships with law enforcement, community groups, and health professionals to help mitigate violent acts by developing individualized threat assessments and mitigation plans. These grants provide funds for state, local, and tribal governments to establish disruption and early engagement networks.
The funds are part of the Justice and Mental Health Collaboration Program administered by OJP’s Bureau of Justice Assistance (BJA), and are being awarded to the San Antonio, Texas, Police Department; Macon-Bibb County, Georgia; the Bear River, Utah, Health Department; and the County of Penobscot, Maine. The awards are part of more than $29 million in grants recently announced by the Department of Justice to address mental illness in the criminal justice system. This initiative supports teams that address rapidly evolving threats of targeted violence and encourages the building of multidisciplinary threat assessment and threat management teams.
“There’s no question that mental health issues are a growing threat to public safety, and they are straining law enforcement and correctional resources,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Collaboration among justice system professionals and those trained in mental health is essential to addressing these issues.”
In coordination with the Council of State Governments, BJA recently launched the Law Enforcement-Mental Health Collaboration Support Center, which offers tailored assistance to criminal justice agencies and their community partners looking to improve responses for people with mental health or substance use issues.
OJP, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov/.
Former Bank Executive Sentenced to Prison for $15 Million Construction Loan FraudRead the Press Release
A former Kansas bank executive was sentenced to 60 months in prison today for his role in carrying out a bank fraud scheme to obtain a $15 million construction loan from 26 Kansas banks.
Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, Special Agent in Charge Justin Bundy of the Federal Deposit Insurance Corporation Office of Inspector General’s (FDIC-OIG) Kansas City Regional Office, Special Agent in Charge Adam B. Steiner of the IRS Criminal Investigation’s (IRS-CI) St. Louis Field Office, Special Agent in Charge Timothy Langan of the FBI’s Kansas City Field Office, and Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency Office of Inspector General’s (FHFA-OIG) Central Region Office made the announcement.
Troy A. Gregory, 53, of Lawrence, Kansas, was sentenced by Chief U.S. District Judge Julie A. Robinson of the District of Kansas to 60 months in prison followed by three years of supervised release, and ordered to pay $4,731,208.16 in restitution.
Following a two-week trial in August 2019, Gregory was found guilty of four counts of bank fraud and two counts of false statements. According to the evidence presented at trial and at the sentencing hearing, Gregory was a bank executive and loan officer who had made millions of dollars in loans to a group of borrowers who were struggling to make payments on the loans. Beginning in late 2007, Gregory initiated the process of making a $15.2 million construction loan to build an apartment complex to that same group of borrowers so they could pay back the other outstanding loans. Gregory’s bank shared this loan with 25 other Kansas banks. To convince the other banks to participate, Gregory made and caused others to make false statements about the strength of the borrowers, the debt status of the apartment property and the existence of approximately $1.7 million in certificates of deposit for collateral on the loan, all to get the loan approved.
Instead of using the loan funds promised for building the apartments, Gregory immediately diverted over $1 million of the loan to pay for part of the certificates of deposit pledged as collateral, pay off debt on the apartment property and make payments on unrelated loans. Other Kansas banks that shared in this loan would not have participated in the loan without Gregory’s false representations and promises. The victimized banks collectively lost approximately $5 million on this fraudulent loan.
The case was investigated by FDIC-OIG, IRS-CI, the FBI, and FHFA-OIG. Senior Litigation Counsel David A. Bybee and Trial Attorney Andrew R. Tyler of the Criminal Division’s Fraud Section prosecuted the case.
The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
El Departamento de Justicia Llega a un Acuerdo con una Compañía de Alquiler de Vehículos que Resuelve un Caso de Discriminación Relacionada con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha firmado un acuerdo conciliatorio con Fleetlogix, Inc. (Fleetlogix), lo que resuelve las acusaciones de que la compañía había disciminado a individuos no ciudadanos de los EE. UU que contaban con autorización para trabajar al requerir que proporcionaran documentos específicos e innecesarios de autorización para trabajar debido a su estauts migratorio o de ciudadanía. Fleetlogix, con sede en San Diego, California, opera oficinas por todo el país que prestan servicios de limpieza y transporte a companías de alquiler de vehiculos.
«La ley de Inmigración y Nacionalidad requiere que los empleadores verifiquen que sus trabajadores disponen de autorización para trabajar en los Estados Unidos y prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios, que pidan documentos específicos o que rechacen documentos que parecen ser genuinos por motivos de la ciudadanía, estatus migratorio o nacionalidad de origen del trabajador», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Nos anima ver que Fleetlogix trabajará con el Departamento de Justicia para garantizar que cualquier individuo que cuente con autorización para trabajar que, de una forma injusta, se haya perdido una oportunidad laboral como resultado de las prácticas en cuestión recibirá los pagos retroactivos apropiados».
La investigación subyacente del Departamento que llevó al acuerdo reveló que Fleetlogix requirió documentos específicos a individuos no ciudadanos de los EE. UU. que contaban con autorización para trabajar –lo cual vulnera la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés)– tales como Formularios I-94 (un registro de «llegadas y salidas» que el Departamento de Seguridad Nacional emite a ciertas personas no ciudadanas de los EE. UU. que puede ser utilizado, en ciertas circunstancias, para el Formulario I-9), Documentos de Autorización para Trabajar (a veces conocidos como «permisos de trabajo») o Tarjetas de Residencia Permanente (a veces conocidas como «tarjetas verdes») aunque estos individuos ya habían presentado otros documentos válidos para demostrar que tienen permiso para trabajar, como licencias de manejar y tarjetas de seguro social sin restricciones.
La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. A su vez, en la INA, el Congreso determinó que todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, puede elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. No obstante, la INA sí permite que los empleadores rechacen documentos que no parecen ser genuinos.
Como parte del acuerdo, Fleetlogix pagará sanciones civiles a los Estados Unidos que ascienden a 627.000 $, creará un fondo de pagos retroactivos para compensar a aquellos individuos que perdieron trabajo a causa de la discriminación, capacitará a los empleados relevantes acerca de los requisitos de la disposición antidiscriminatoria de la INA y cambiará sus políticas y procedimientos.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias o la intimidación.
Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía, o bien por su nacionalidad de origen, en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (p. ej. el Formulario I-9 e E-Verify) o sometidos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery .
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o llamar a la línea directa de la IER para trabajadores para pedir ayuda.
La Iniciativa para la Protección de Trabajadores en Este País, de la División de Derechos Civiles, se lanzó en el 2017 en la Sección de Derechos de Inmigrantes y Empleados y señala, investiga y (donde proceda) aplica medidas de cumplimiento a empleadores que intencionalmente discriminen a trabajadores en este país por motivos de su estatus de ciudadanía para dar preferencia a trabajadores temporales de visa. La IER ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de Trabajadores en Este País y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectadso en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que fueron discriminatorios en su uso de los programas de visa de H-1B, H-2A y H-2B.
Justice Department Reaches Settlement with the Town of Irmo, South Carolina, to Resolve Allegations of Discrimination Against Homeowner with DisabilityRead the Press Release
The Justice Department announced today that the Town of Irmo, South Carolina, has agreed to pay $25,000 to a homeowner with a disability as part of a settlement agreement resolving the government’s Fair Housing Act (FHA) lawsuit.
The department’s complaint, filed in the U.S. District Court for the District of South Carolina in November 2018, alleged that the town violated the FHA by refusing to allow the Irmo homeowner to build a carport adjacent to her home to accommodate her physical disability. According to the complaint, the homeowner, after falling and suffering injuries on several occasions outside her home, applied for a zoning variance in 2016 to build a carport to protect her driveway and mobility ramp in inclement weather and prevent future falls; the town summarily denied the variance. The homeowner filed a complaint with the Department of Housing and Urban Development (HUD), which conducted an investigation and referred the matter to the Justice Department.
“The homeowner in this case requested a simple, straightforward, and reasonable accommodation: to build a carport adjacent to her own single-family home so she would be protected from the elements and could safely enter and exit her home. She should not have been forced to wait three years for this accommodation,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This settlement is a reminder that the Justice Department is committed to working tirelessly to enforce the Fair Housing Act and protect the rights of persons with disabilities. The department’s lawsuit should also serve as a warning that federal law protects the right of persons with disabilities to be secure in their homes and that the Justice Department will do whatever is necessary to protect that right.”
“This office will take action to protect those with disabilities,” said Peter M. McCoy, Jr., U.S. Attorney for the District of South Carolina. “This settlement not only compensates an individual who was initially prevented from making reasonable accommodations for her disability, but it helps ensure that those in similar situations are protected in the future.”
“Today’s settlement is a victory for persons with disabilities, who often need basic modifications to their living space in order to fully utilize and enjoy the place they call home,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD will continue to work with the Justice Department to take appropriate action when a municipality’s housing practices violate the law.”
After the department filed the lawsuit, the town adopted an ordinance allowing persons with disabilities to request reasonable accommodations in rules, policies, practices or services to afford them an equal opportunity to use or enjoy their home. More than a year later, the town finally granted the homeowner’s reasonable accommodation request and allowed her to build a carport so she could live safely in her home. Under the terms of the settlement agreement, the town is prohibited from engaging in future disability discrimination or interfering with the homeowner’s use of her carport, and town officials must participate in fair-housing training and report to the department any denial of a request for a reasonable accommodation.
The federal FHA prohibits discrimination in housing based on disability, race, color, religion, national origin, sex, and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Former Department of Justice Paralegal Pleads Guilty to Accessing and Releasing Sensitive, Non-Public InformationRead the Press Release
A former contractor with the U.S. Department of Justice pleaded guilty today for unlawfully using her government computer to access government records and providing sensitive, non-public information to another individual, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.
Danielle Taff, 37, of Ankeny, Iowa, who was employed as a contractor paralegal at the U.S. Attorney’s Office for the Southern District of Iowa from approximately June 2017 to June 2018, pleaded guilty to one count of fraud and related activity in connection with computers before U.S. District Judge Stephanie M. Rose of the Southern District of Iowa. A sentencing date has not been scheduled.
According to admissions made in connection with her guilty plea, while employed as a paralegal, Taff was assigned to the office’s Civil Division, where she worked exclusively on matters related to civil forfeiture and was neither required nor authorized to access files and information related to the district’s investigation and prosecution of criminal cases. Taff admitted that on or about May 16, 2018, she used her U.S. Department of Justice computer to access criminal files stored on the district’s shared electronic data storage drive, including reports of law enforcement interviews with at least two individuals who cooperated with the district in a drug-trafficking investigation. Taff then used her cell phone to take approximately thirty photographs of the sensitive, non-public documents related to the drug-trafficking investigation.
After photographing the documents, Taff shared them with her friend, Person A, who subsequently shared the photographs with several individuals on Facebook. As a result, in October 2018, other individuals posted those photographs to a Facebook group dedicated to outing “snitches,” or law enforcement cooperators, in the Des Moines, Iowa region. Among other sensitive information, the photographs taken by Taff and subsequently posted on Facebook identified at least two cooperators in the drug-trafficking investigation by name and other personal identifiers.
The Department of Justice Office of the Inspector General, Chicago Field Division, is investigating the case. Trial Attorneys Erica O’Brien Waymack and Matthew Palmer-Ball of the Criminal Division’s Public Integrity Section are prosecuting the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Law Enforcement Assists Brazilian Law Enforcement Takedown of Numerous Digital Piracy Sites and Apps Alleged to Have Caused Millions of Dollars in Losses to U.S. Media CompaniesRead the Press Release
Seizure warrants have been executed against three domain names of commercial websites engaged in the illegal reproduction and distribution of copyrighted works in support of a Brazilian-led takedown of digital piracy sites there, dubbed “Operation 404”.
The coordinated federal law enforcement operation targeted online services that provided illegal copies of copyrighted works, including television shows and movies.
“By seizing these domain names, law enforcement has disrupted the unlawful reproduction and distribution of thousands of pirated television shows and movies, while also cutting off the profits to unlawful actors willing to exploit the hard work of others for their own personal gain,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “The Justice Department, together with our international law enforcement partners, will continue to take enforcement actions to identify, seize, and disable these sites wherever they exist around the globe.”
“Illegal streaming is not a victimless crime,” said Derek Benner, Executive Associate Director for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). “It harms the content creators of the shows that you know and love, and feeds a criminal enterprise whose profits support organized criminal endeavors. Now more than ever, the partnerships between the creative industry and law enforcement agencies are essential to combat digital piracy and protect consumers. The collaborative nature of this investigation is representative of the ongoing work HSI conducts with its international law enforcement partners to proactively identify, target and investigate individuals who violate U.S. intellectual property rights laws.”
According to the affidavit in support of the seizure warrants, each of the three domains—megatorrentshd.biz, comandotorrentshd.tv, and bludv.tv—offered “free access to copyrighted content to website visitors all over the world, including released and pre-release feature-length movies and television shows.” Megatorrentshd.biz featured approximately 84 navigation pages, with 20 film titles per page and approximately 21 navigation pages with approximately 16 television series titles per page. Comandotorrentshd.tv offered movies and television shows, with approximately 10 titles per page, distributed throughout approximately 124 navigation pages. Bludv.tv displayed approximately 670 navigation pages with approximately 14 titles per page.
Operation 404 was coordinated with Brazil’s Secretariat of Integrated Operations (SEOPI) at Brazil’s Ministry of Justice and Public Security (MoJPS). More information about the operation is available here.
The seized domains are in the custody of the federal government. Visitors to the sites will now find a seizure banner that notifies them that the domain name has been seized by federal authorities and educates them that willful copyright infringement is a federal crime.
The Justice Department thanks its Brazilian partners at SEOPI and the MoJPS, the City of London Police Intellectual Property Crime Unit, and its domestic partners at the U.S. Attorney’s Office for the Eastern District of Virginia, HSI’s Washington D.C. field office and ICE HSI Attaché at the U.S. Embassy in Brasilia, Brazil, for its assistance and collaboration in this matter.
The Justice Department is working to provide intellectual property related training and technical assistance in other countries through the International Computer Hacking and Intellectual Property (ICHIP) program. Learn more about the Criminal Division’s ICHIP Program, jointly administered by the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training and the Computer Crime and Intellectual Property Section, here.
The National Intellectual Property Rights Coordination Center (IPR Center) is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. The IPR Center uses the expertise of its member agencies to share information, develop initiatives, and coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and the war fighters. To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Justice Department Sues to Block Visa's Proposed Acquisition of PlaidRead the Press Release
Today, the Department of Justice filed a civil antitrust lawsuit to stop Visa Inc.’s $5.3 billion acquisition of Plaid Inc. Visa is a monopolist in online debit services, charging consumers and merchants billions of dollars in fees each year to process online payments. Plaid, a successful fintech firm, is developing a payments platform that would challenge Visa’s monopoly.
“American consumers and business owners increasingly buy and sell goods and services online, and Visa – a monopolist in online debit services – has extracted billions of dollars from those transactions,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Now, Visa is attempting to acquire Plaid, a nascent competitor developing a disruptive, lower-cost option for online debit payments. If allowed to proceed, the acquisition would deprive American merchants and consumers of this innovative alternative to Visa and increase entry barriers for future innovators.”
According to the complaint, Plaid powers some of the most innovative fintech apps. Plaid’s technology allows developers to plug into consumers’ various financial accounts, with consumer permission, to aggregate spending data, look up balances, and verify other personal financial data. Plaid connects to 200 million consumer bank accounts and 11,000 U.S. banks. Because it accesses data on behalf of so many fintech app customers, Plaid has become the leading financial data aggregation company in the United States. Plaid is planning to leverage its connections to build a bank-linked payments network that would compete with Visa. Plaid’s money movement platform would allow consumers to pay merchants directly from their bank accounts using bank credentials rather than a debit card. Plaid’s established connections and technology uniquely positions it to enter the payments market and disrupt Visa’s monopoly.
The complaint alleges that Visa’s CEO viewed the acquisition as an “insurance policy” to protect against a “threat to our important US debit business.” This acquisition is the second-largest in Visa’s history, with an extraordinary price tag of $5.3 billion. Visa’s CEO justified the deal to Visa’s Board of Directors as a “strategic, not financial” move, and noted that in part because “our US debit business i[s] critical and we must always do what it takes to protect this business.” Unless acquired, Visa feared that Plaid “on their own or owned by a competitor [was] going to create some threat” with a “potential downside risk of $300-500M in our US debit business” by 2024. If Plaid remained free to develop its competing payment platform, then “Visa may be forced to accept lower margins or not have a competitive offering.”
Millions of American consumers and merchants depend on debit services to transact business online. The complaint alleges that Visa has dominated online debit for years and has protected its monopoly with exclusionary tactics that have prevented rivals, including Mastercard, from expanding or entering. The lawsuit alleges that Visa’s proposed acquisition of Plaid is a violation of both Section 2 of the Sherman Act and Section 7 of the Clayton Act. The Department filed its lawsuit in the U.S. District Court for the Northern District of California.
Visa Inc. is a Delaware corporation headquartered in Foster City, California. Visa is a global payments company that operates the largest debit network in the United States. Visa’s 2019 revenues were approximately $23 billion.
Plaid Inc. is a Delaware corporation headquartered in San Francisco, California. Plaid is a financial services company that operates the leading financial data aggregation platform in the United States. In 2019, Plaid earned approximately $100 million in revenues.
Justice Department Settles Claims Against City of Meriden, Connecticut, Involving Denial of MosqueRead the Press Release
The Justice Department and the U.S. Attorney’s Office for the District of Connecticut today announced an agreement with the City of Meriden, Connecticut to resolve allegations that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) by denying the application of the Omar Islamic Center to establish a mosque in March 2019, and by maintaining a zoning code that treats religious assemblies and institutions on less than equal terms with nonreligious assemblies and institutions in nine zoning districts.
“The United States of America is, and must always be, a nation that protects the religious freedom of all people,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “For more than four centuries, religious people from all over the world have found refuge here. Our Constitution protects the right of all people in this free nation to exercise of religion. But that right will mean little if people cannot gather together in a place of their choosing and practice their faith. The Religious Land Use and Institutionalized Persons Act marked its 20th anniversary last month, and it ensures that people of all faiths can establish houses of worship. The Justice Department will continue to enforce this important law against any government that violates the right of faith communities to build gathering places for worship.”
“We have alleged that the Meriden Planning Commission’s denial of the Omar Islamic Center’s application to establish a mosque in Meriden was unfair and in clear violation of RLUIPA,” said U.S. Attorney John H. Durham of the District of Connecticut. “We’re pleased that the City of Meriden has agreed to settle this matter without additional litigation, and that members of the Omar Islamic Center will be able to worship in a location of their choice without undue government restraint.”
The proposed consent decree, which was filed today in the U.S. District Court for the District of Connecticut and must still be approved by the court, resolves a lawsuit the United States also filed today. After the city denied the Omar Islamic Center’s application to establish a mosque, the United States opened an investigation of the city’s actions in July 2019. In January 2020, the United States notified the city that it had concluded that the city had violated RLUIPA and intended to file suit, and offered the city an opportunity to negotiate a resolution.
The United States’ complaint alleges that the city’s denial of the Omar Islamic Center’s application to establish a mosque imposed a substantial burden on the center’s religious exercise and treated the center, a religious assembly or institution, on less than equal terms with a nonreligious assembly or institution. The United States’ complaint also alleges that the city’s zoning code treats religious assemblies or institutions on less than equal terms with nonreligious assemblies or institutions in nine zoning districts. The city denies the allegations. As part of the agreement, the city has agreed to review and amend its zoning ordinance to comply with the requirements of RLUIPA, to provide training to its officials and employees about their obligations under RLUIPA, and to notify the public about the city’s compliance with RLUIPA in its zoning and land use actions.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. On Sept. 22, the 20th anniversary of RLUIPA’s enactment, the department issued a comprehensive report on its enforcement of the law. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
U.S. Seizes Virtual Currencies Valued at $24 Million Assisting Brazil in Major Internet Fraud InvestigationRead the Press Release
The Department of Justice announced today that it has seized virtual currency worth an estimated $24 million on behalf of the Brazilian government.
The seizure order was obtained pursuant to an official request from the government of Brazil, made under the Treaty between the United States of America and the Federative Republic of Brazil on Mutual Legal Assistance in Criminal Matters, for assistance in connection with a large cryptocurrency fraud scheme in a Brazilian federal police investigation called “Operation Egypto.” Brazilian authorities estimate that more than $200 million was obtained through this scheme through which more than tens of thousands of Brazilians may have been defrauded.
Brazilian federal prosecutors have charged several individuals in the case. The U.S. seizures were tied to Brazilian Marcos Antonio Fagundes’ alleged role in the scheme. As the United States alleged based on information provided by Brazilian authorities, Fagundes is charged with several criminal violations of Brazilian law, including, among other offenses, the operation of a financial institution without legal authorization, fraudulent management of a financial institution, misappropriation, and money laundering, as well as securities law violations. The Brazilian court issued a seizure order directing the seizure of virtual currency in the United States owned or controlled by Fagundes.
According to documents filed in the Brazilian criminal proceeding and the Brazilian court’s findings, during August 2017 to May 2019, Fagundes and other defendants solicited funds from prospective investors over the internet, sometimes in combination with telephone and other means, and held the funds received in a manner that subjected it to regulation as a financial institution under Brazilian law, with which Fagundes and the other defendants failed to comply. Solicitations referred to as innovative investment opportunities were made over the internet and in person, offering investments in cryptocurrencies. As alleged, the defendants solicited investors to give money to corporations they controlled, in the form of Brazilian currency or cryptocurrency, which the companies would then invest in a variety of virtual currency types. The Brazilian court found, however, that only a very small amount of funds were invested in cryptocurrencies as promised, and very little was returned to the investors. To carry out the scheme, the conspirators are alleged to have made false and inconsistent promises to investors about the way the funds were invested and exaggerated the rates of return.
In execution of the Brazilian request for assistance, an application to enforce the Brazilian seizure order was filed in the U.S. District Court for the District of Columbia pursuant to 28 U.S.C. § 2467, seeking to seize the virtual currency belonging to or controlled by Fagundes located in the United States. U.S. District Judge Trevor N. McFadden granted the U.S. government’s application and issued seizure orders directing the seizure of the virtual currency.
The U.S. Department of Justice’s Money Laundering and Asset Recovery Section (MLARS) International Unit and Office of International Affairs are working in close cooperation with the Brazilian authorities, the FBI Legal Attaché in Brasilia, the FBI in Boston, the FBI’s Virtual Currency Evolving Threat Working Group, and the U.S. Marshals Service to restrain the virtual currency and preserve it for forfeiture proceedings pending in Brazil to compensate the investors victimized in this fraudulent investment scheme. The forfeiture proceedings in the United States are being handled by MLARS International Unit Trial Attorney Jennifer Wallis.
The crypto currency firm holding the accounts cooperated with law enforcement authorities in executing this seizure.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Justice Department Announces Two Million Dollar Settlement of Race Discrimination Lawsuit Against Baltimore County, MarylandRead the Press Release
The Justice Department announced today that it has reached a settlement, through a court-supervised settlement agreement, with Baltimore County, Maryland, resolving the United States’ claims that the Baltimore County Police Department (BCPD) discriminated against African American applicants for employment in violation of Title VII of the Civil Rights Act of 1964. Title VII is a federal law that prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin.
“This country’s communities are better protected and better served when police departments, like the one in Baltimore County, recruit and select qualified officers using job-related criteria,” said Assistant Attorney General Eric S. Dreiband of the Civil Rights Division. “When police departments fail to do so, and instead disproportionately screen out members of protected classes, they violate federal law. This settlement agreement requires the Baltimore County Police Department to develop and implement hiring criteria that do not discriminate on the basis of race and further reflects the Civil Rights Division’s continued commitment to the eradication of race discrimination in hiring through the vigorous enforcement of Title VII of the Civil Rights Act of 1964.”
Under the terms of the settlement agreement, subject to court approval, Baltimore County will pay $2,000,000 in back pay to eligible African Americans who were previously denied employment because of the employment tests challenged by the United States. The BCPD also must hire up to twenty of these previous applicants as entry-level police officers or cadets after the applicants demonstrate that they meet BCPD’s current qualifications for hire and successfully complete the county’s other selection requirements. In addition to back pay and priority hiring, the settlement agreement requires the county to develop a new hiring examination that is lawful under Title VII.
In a joint filing today in the U.S. District Court for the District of Maryland, the Justice Department and Baltimore County moved for a court order provisionally approving the terms of the settlement agreement. The motion also asks the court to schedule a fairness hearing to provide an opportunity for individuals potentially affected by the proposed agreement to provide comments on the terms of the settlement.
The proposed settlement, once approved by the District Court, will resolve the United States’ complaint filed on Aug. 27, 2019. The suit alleged that the county, through the Baltimore County Police Department, violated Title VII since Jan. 1, 2013, by making hiring decisions for entry-level police officer and cadet positions based on the results of hiring examinations that were not job-related and that disproportionately excluded African American applicants.
The case was brought by Trial Attorneys Kathleen Lawrence and Ejaz Baluch Jr. of the Civil Rights Division’s Employment Litigation Section. The full and fair enforcement of Title VII is a top priority of the Justice Department’s Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.
Justice Department Honors Law Enforcement Officers and Deputies in Fourth Annual Attorney General’s Award for Distinguished Service in PolicingRead the Press Release
Attorney General William P. Barr and Justice Department leadership today announced the recipients of the Fourth Annual Attorney General’s Award for Distinguished Service in Policing, recognizing the exceptional work of 23 law enforcement officers and deputies from 12 jurisdictions across the country.
The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. This year, the department received 214 nominations recognizing a total of 355 individual officers, deputies, and troopers. There were 39 states represented in the nomination pool, covering state, local, campus, sheriff, and other agency types.
“There is no career nobler than that of a police officer, and the 23 officers we honor this year demonstrate that clearly,” said Attorney General William P. Barr. “These individuals are distinguished in their service for field operations and criminal investigations – from investigating homicides to drug trafficking to sexual exploitation and assault – to making positive change in their communities through innovative outreach to local residents. Their actions are a testament to what law enforcement officers contribute to our nation each day, keeping us safe from violent crime and building more trusting communities, and they are deserving of our collective thanks. I am pleased to honor these 23 officers for their distinguished service in policing.”
The Department of Justice works closely with local law enforcement and strives to be a ready resource for them. The Attorney General’s Award for Distinguished Service in Policing is just one more way the department can show its continued commitment to the profession and honor the men and women who so bravely serve it.
Attorney General Awards for Distinguished Service in Policing 2020
CRIMINAL INVESTIGATIONS
Detective Kenneth Williams, Metropolitan Police Department (Washington, DC)
Detective Kenneth Williams, with the Metropolitan Police Department in Washington, DC, was determined to pursue a cold case file to bring a serial rapist and murderer to justice. For over twenty years, Detective Williams followed leads and pursued the case. His efforts ultimately led him to a town in South Carolina, where a suspect was taken into custody and extradited to Washington, DC.
Special Agent Ryan Kedley, Iowa Department of Public Safety (Iowa)
Special Agent Ryan Kedley orchestrated and oversaw one of the largest sexual exploitation investigations in Iowa state history. Kedley’s team discovered that, for almost 20 years, a local youth basketball coach had been secretly amassing thousands of videos and photos of his players and their friends. Investigators determined the coach had sexually assaulted at least 15 young men and victimized another 400, though the actual numbers are suspected to be much higher. The former coach is now serving a 180-year sentence in prison – the longest sentence possible for the charges he faced.
Detective Bryan Bennett, Detective Ty Deichert, Detective Fred Longobricco, and Detective Ian Ranshaw, Thornton Police Department (Colorado)
These four Thornton (CO) detectives diligently pursued a high-level Walmart credit card scheme that eventually led the detectives to partner with the F.B.I., the U.S. Postal Service, the Department of Homeland Security, and the State Department. Senior citizens in particular were targeted by this confidence scheme, who unknowingly became the source of millions of dollars of fraudulently obtained funds – funds that were eventually laundered and sold as gift cards overseas. The detectives conducted numerous surveillance operations, covertly went through the suspects’ trash on multiple occasions, spent days reassembling shredded gift cards, and ultimately followed their leads to East Asia. So far, two defendants have now pleaded guilty, and 25 other defendants are being monitored.
Detective Ryan Flood, Officer Vance Henning, Jr., and Investigator Denny Vokes, Fond du Lac County Sheriff’s Office (Wisconsin), Fond du Lac Police Department (Wisconsin)
These dedicated individuals sought to stem an increase in shootings, drug trafficking, illegal guns, and gang activity; and their work achieved just that, with illegal drugs, guns, and violent criminals removed from city streets and community trust revived. Forming a coalition that included agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office for the Eastern District of Wisconsin, over 50 active, armed participants in the illegal drug trade were identified, many with criminal gang ties. The investigation also led to a major firearms straw purchasing scheme. Hundreds of hours of surveillance, interviews with numerous suspects and dozens of warrant executions have led to the arrest of 35 suspects, with many more arrests and indictments still pending. These cases also involved the disruption of networks distributing cocaine, heroin, and methamphetamine, including the largest single heroin seizure in the history of Fond du Lac.
FIELD OPERATIONS
Officer Sherrelle Mitchell and Officer Felix Rivera, Philadelphia Police Department (Pennsylvania)
Sometimes lost in the narrative of American policing are the lives that officers save. This particular drama unfolded on an August night in Philadelphia, when Officer Felix Rivera was monitoring a large party. When he heard multiple gunshots Officer Rivera first radioed for help, and then rushed toward the shots. Officer Sherrelle Mitchell quickly sped to the scene. The officers found a gunshot victim bleeding profusely. After applying a tourniquet, the officers placed the victim in their vehicle and rushed to the hospital. On the way, the victim lost consciousness several times, and Officer Mitchell continued to perform CPR and chest compressions. The heroic actions of these officers saved a life that night.
Officer Natalie Eucce and Corporal Seay-Peter Floyd, Fayetteville Police Department (Arkansas)
In December 2019, in Fayetteville, Arkansas, an individual determined to assassinate law enforcement officers, and armed with 100 rounds of ammunition, approached a police car and fired 10 times, killing Officer Stephen Carr. Hearing the shots and seeing the suspect, Corporal Seay-Peter Floyd – with no regard for his personal safety – pursued the suspect and fired. Officer Natalie Eucce (Officer Carr’s partner) and Sergeant James Jennings joined Corporal Floyd in pursuing the suspect and fired as well. The suspect was pronounced dead on the scene. It is very likely more officers would have lost their lives that night, if it were not for the bravery of Corporal Floyd and Officer Eucce.
Sergeant Jason Thien, Curry County Sheriff’s Office (Oregon)
In Curry County, Oregon, Sergeant Jason Thien often works alone on his shift, where he services a 1,600-square mile county and more than eighty miles of the Pacific Coast Highway. Even so, he did not hesitate to give it his all when word came down of a widespread manhunt for a murder suspect, who was thought to be in Curry County. Working his contacts, combing property records, and using other investigative tools, he found his man. Thanks to Sergeant Thien’s dedicated efforts, he apprehended the subject, who will soon be facing charges.
INNOVATIONS IN COMMUNITY POLICING
Officer James Bryant, Detective Traves Humpherys, Officer Darling Mapes, Officer Strahinja Pavlovic, Detective David Shive, and Officer Luis Vidal, Las Vegas Metropolitan Police Department (Nevada)
The Bolden community had always been a challenge for police officers and it was very difficult to build trust with residents. Youth in the community also struggled, and the numbers showed poor academic records and low graduation rates. So when an area merchant wanted to create a free, fully accredited baseball league for youth, police officers jumped in to assist as coaches for the Bolden Little League (BLL). Just two years after it started, and as relationships between police officers and the children and their families strengthened, the league expanded to 14 teams and 186 children. The league focused on reducing violent crime by building trust and positively affecting the children and families involved; and the success was in the numbers, with the neighborhoods surrounding the park posting a 76 percent reduction in violent crime from 2018 to 2019.
Officer Philip Smith, Evansville Police Department (Indiana)
Officer Philip Smith is the symbol of community policing in Evansville, Indiana, where he serves as the special projects coordinator for the Evansville Police Department. His community outreach efforts have put a human face on the badge, and his efforts have encouraged the public to work with the police and the police to have an ally in the public. Smith runs the department’s Facebook page, which now has 45,000 subscribers – in a city of 117,000. His social media activity includes weekly videos celebrating different officers and community members, and photos of police and kids on department-sponsored trips to theme parks. He also helped create the department’s breast cancer awareness fundraiser, and established a program where salons and barbershops host officers for informal chats with their patrons. All this community outreach has meant that when the department now has to explain an officer involved shooting, or asks the public for help in recognizing a criminal, there is a community now pre-disposed to understand and work with the department more than ever before.
Officer Sally Landrum, Willingboro Police Department (New Jersey)
When the Willingboro Police Department named Officer Sally Landrum its inaugural Community Engagement Officer, she became the face of the department in her community. Her goal was to build trust and legitimacy by engaging residents of all backgrounds in positive interactions and she found a myriad of ways to do that. Officer Landrum dove into her new role with gusto, quickly earning the respect of local religious leaders and community organizations. Her initiatives include recruitment events; story times where police read to children at the local library; anti-drug programs in the schools; toiletry drives for the homeless; training on how to spot telephone scams and mail fraud for older adults; breast and prostate cancer awareness campaigns; food, coat, and toy drives; a resiliency program for officers in distress; and a community service diversion program for young offenders. Through these efforts, community residents now know they have a friend in the Willingboro Police Department, and both the department and the community are better for it.
Detective Archie Lidey, Grants Pass Department of Public Safety (Oregon)
When Josephine County, Oregon, suffered a funding crisis, Detective Archie Lidey zoomed into action. The situation was dire, with staffing reduced at the sheriff’s office and the jail, limiting the number of offenders that could be housed. Citations were issued to most criminal offenders instead of placing them under arrest. But Detective Lidey began a grassroots effort to find and maintain funding. As a founding member of Securing Our Safety (SOS), formed specifically to overcome the law enforcement–funding crisis, Detective Lidey organized a 5k race that grew to 700 participants in 2020. Lidey and SOS also raised over $60,000 to complete a study of local justice and law enforcement programs. They also formed a nonprofit called Grace Roots, to establish a residential treatment center for people with addictions; and he was key in establishing the Grants Pass Treatment Center, a methadone and suboxone treatment program for substance abuse addiction. Josephine County went from having no treatment facility to one that now sees more than 300 patients a day. And funding-wise, it has all paid off: since 2013, Detective has coordinated events and contributions that now total $324,000.
Illinois-Based Charter School Management Company to Pay $4.5 Million to Settle Claims Relating to E-Rate ContractsRead the Press Release
Concept Schools, NFP, has agreed to pay $4.5 million as part of a civil settlement to resolve allegations that it violated the False Claims Act by engaging in non-competitive bidding practices in connection with the Federal Communications Commission’s (FCC) E-Rate Program, the Department of Justice announced today.
The E-Rate Program, created by Congress in the Telecommunications Act of 1996, subsidizes eligible equipment and services to make internet access and internal networking more affordable for needy public schools and libraries.
“Today’s settlement demonstrates our continuing vigilance to ensure that those doing business with the government do not engage in anticompetitive conduct,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division. “Government contractors and schools that seek to profit at the expense of taxpayers will face serious consequences.”
The United States alleged that Concept Schools, a charter school management company located in Des Plaines, Illinois, rigged the bidding for E-Rate contracts between 2009 and 2012 in favor of chosen technology vendors so that its network of charter schools located in several states, including Illinois, Ohio, and Indiana, selected the chosen vendors without a meaningful, fair and open bidding process. Additionally, the government alleged that Concept Schools’ chosen vendors provided equipment at higher prices than those approved by the FCC for equipment with the same functionality. The government also contended that Concept Schools failed to maintain sufficient control over equipment reimbursed by the FCC, some of which was discovered missing.
Contemporaneous with the civil settlement, Concept Schools has agreed to enter into a corporate compliance plan with the FCC.
“E-Rate contractors and schools receiving E-Rate funds must understand and know that actions that undermine the contracting process, such as conspiring to rig competitive bidding, will not be tolerated and will be investigated aggressively,” said David L. Hunt, Inspector General of the FCC.
The settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the FCC Office of Inspector General, the Federal Bureau of Investigation, and the U.S. Department of Education Office of Inspector General.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Ghost Face Gangster sentenced to federal prison for meth traffickingRead the Press Release
WAYCROSS, GA: A methamphetamine trafficker who claims membership in a notorious white supremacist street gang has been sentenced to more than seven years in federal prison.
Danny Lamar Chancey, a/k/a “Toby,” 48, of Blackshear, Ga., was sentenced to 86 months in federal prison by U.S. District Court Judge Lisa Godbey Wood after pleading guilty to Possession with Intent to Distribute Methamphetamine, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. After completion of his prison term, Chancey will be required to serve three years of supervised release. There is no parole in the federal system.
“Meth and gangs are a toxic combination, and we will relentlessly fight for the eradication of both,” said U.S. Attorney Christine. “Putting a habitual criminal like Chancey behind bars is a good start – and instantly makes the Blackshear community a safer place.”
As described in court documents and testimony, a Pierce County Sheriff’s Office investigator and an officer from the Georgia Department of Community Supervision visited Chancey’s residence in September 2019 to investigate reports that he was selling methamphetamine. Because Chancey was on probation from a state conviction for possession of methamphetamine, his residence was subject to search.
Inside the residence, officers found multiple small and large bags containing methamphetamine, along with materials used for distribution and a notebook of information on the Ghost Face Gangsters, a violent white supremacist street gang. Chancey admitted his membership in the notorious gang, which started in Georgia’s prison system and spread into communities throughout the Southeast.
“We removed another menacing methamphetamine trafficker from the streets,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Field Division. “This repeat offender can no longer distribute toxic doses of poison to the Blackshear community. This investigation was a success because of the great working relationship that DEA has with its law enforcement partners.”
The case was investigated by the Drug Enforcement Administration (DEA), the Georgia Department of Supervision, the Pierce County Sheriff’s Office and the Blackshear Police Department, and was prosecuted for the United States by Assistant U.S. Attorney Jennifer Kirkland.
New Jersey Man Sentenced to Prison for Tax Fraud ConspiracyRead the Press Release
A New Jersey man was sentenced to 78 months in prison today for conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to court documents and statements made in court, between 2015 and 2016, Kenneth Crawford Jr. and his co-conspirators promoted and sold a “mortgage recovery” tax fraud scheme in which they obtained fraudulent refunds from the IRS for their clients. Crawford promoted the scheme to individuals who were facing foreclosure or behind on their mortgage payments. He represented to them that they could extinguish their outstanding mortgage debts by filing tax forms with the IRS.
As part of the scheme, Crawford and his co-conspirators directed clients to file forms that fraudulently claimed that a substantial amount of taxes had already been withheld from them. These false claims caused the IRS to issue significant refunds to which the clients were not entitled. As a result of Crawford’s scheme, more than $2.5 million in fraudulent refunds were sought from the IRS, of which the IRS paid out more than $1.3 million. Crawford charged a fee of roughly 25 percent for each refund obtained.
When the IRS discovered the fraud and attempted to recover the previously issued refunds, Crawford provided clients with false documents to send to the IRS, directed clients to conceal from the IRS his role in filing the false returns, and advised clients to remove funds from bank accounts in their names in order to thwart IRS collection efforts.
On Dec. 17, 2019, a federal jury in Camden, New Jersey, convicted Crawford of conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws.
In addition to the term of imprisonment, U.S. District Judge Robert B. Kugler ordered the defendant to serve three years of supervised release and to pay approximately $1,393,511 in restitution to the United States.
Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorney Sean Green and Assistant Chief John Kane, who are prosecuting the case. He also thanked the U.S. Attorney’s Office for the District of New Jersey for its assistance and support during the investigation and prosecution of this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Justice Department Again to Monitor Compliance with the Federal Voting Rights Laws on Election DayRead the Press Release
The Justice Department today announced its plans for voting rights monitoring in jurisdictions around the country for the Nov. 3, 2020 general election. The Justice Department historically has monitored in jurisdictions in the field on election day, and is again doing so this year. The department will also take complaints from the public nationwide regarding possible violations of the federal voting rights laws through its call center.
“Federal law entrusts the Civil Rights Division with protecting the right to vote for all Americans,” said Eric S. Dreiband, Assistant Attorney General for the Civil Rights Division. “Our federal laws protect the right of all American citizens to vote without suffering discrimination, intimidation, and harassment. The work of the Civil Rights Division around each federal general election is a continuation of its historical mission to ensure that all of our citizens can freely exercise this most fundamental American right.”
The Civil Rights Division enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. Since the passage of the Voting Rights Act in 1965, the division has regularly monitored in a variety of elections around the country throughout every year to protect the rights of all voters, and not just in federal general elections.
On Nov. 3, the Civil Rights Division plans to send personnel to 44 jurisdictions in 18 states to monitor for compliance with the federal voting rights laws:
- Coconino County, Arizona;
- Maricopa County, Arizona;
- Navajo County, Arizona;
- Los Angeles County, California;
- Orange County, California;
- Broward County, Florida;
- Duval County, Florida;
- Hillsborough County, Florida;
- Miami-Dade County, Florida;
- Orange County, Florida;
- Palm Beach County, Florida;
- Fulton County, Georgia;
- Gwinnett County, Georgia;
- City of Chicago, Illinois;
- Cook County, Illinois;
- Montgomery County, Maryland;
- City of Boston, Massachusetts;
- City of Lowell, Massachusetts;
- City of Malden, Massachusetts;
- City of Quincy, Massachusetts;
- City of Springfield, Massachusetts;
- City of Detroit, Michigan;
- City of Eastpointe, Michigan;
- City of Flint, Michigan;
- City of Hamtramck, Michigan;
- City of Highland Park, Michigan;
- City of Jackson, Michigan;
- Shelby Township, Michigan;
- City of Minneapolis, Minnesota;
- Bergen County, New Jersey;
- Middlesex County, New Jersey;
- Bernalillo County, New Mexico;
- Mecklenburg County, North Carolina;
- Wake County, North Carolina;
- Cuyahoga County, Ohio;
- Allegheny County, Pennsylvania;
- Lehigh County, Pennsylvania;
- Philadelphia County, Pennsylvania;
- Richland County, South Carolina;
- Harris County, Texas;
- Waller County, Texas;
- Fairfax County, Virginia;
- Prince William County, Virginia; and
- City of Milwaukee, Wisconsin.
As in past years, monitors will focus on compliance with the Voting Rights Act, and the other federal voting rights laws enforced by the division. Monitors will include civil rights personnel from the Civil Rights Division and civil rights and civil personnel from U.S. Attorney’s Offices. Civil Rights Division personnel will also maintain contact with state and local election officials.
The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, the Help America Vote Act, and the Civil Rights Acts. The division’s Disability Rights Section enforces the Americans with Disabilities Act (ADA) to ensure that persons with disabilities have a full and equal opportunity to vote. The division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.
On Election Day, Civil Rights Division personnel will be available all day to receive complaints from the public related to possible violations of the federal voting rights laws by a complaint form on the department’s website https://civilrights.justice.gov/ or by telephone toll-free at 800-253-3931.
Individuals with questions or complaints related to the ADA may call the department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or submit a complaint through a link on the department’s ADA website, at https://www.ada.gov/.
Complaints related to disruption at a polling place should always be reported immediately to local election officials (including officials in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. These complaints should also be reported to the department after local authorities have been contacted.
Last week, the Justice Department announced its overall plans for the general election to protect the right to vote and secure the integrity of the voting process through the work of the Civil Rights Division, Criminal Division, National Security Division, and U.S. Attorney’s Offices.
More information about the federal civil rights laws is available on the Civil Rights Division’s website at https://www.justice.gov/crt.
Florida Resident Pleads Guilty to Conspiracy to Falsify Clinical Trial DataRead the Press Release
A Florida resident pleaded guilty to conspiring to falsify clinical trial data regarding an asthma medication, the Department of Justice announced today.
Lisett Raventos, 46, of Miami, Florida, pleaded guilty today in the U.S. District Court for the Southern District of Florida today to one count of conspiracy to commit wire fraud. Raventos was the site director, the director of clinical operations, and a study coordinator at a medical clinic named Unlimited Medical Research (Unlimited Medical) in Miami, Florida. In pleading guilty, Raventos admitted that from approximately 2013 to 2016, she participated in a scheme to defraud an unnamed pharmaceutical company by fabricating the data and participation of subjects in a clinical trial at Unlimited Medical. The clinical trial was designed to investigate the safety and efficacy of an asthma medication in children between the ages of four and eleven. Raventos admitted that she falsified medical records to make it appear as though pediatric subjects made scheduled visits to Unlimited Medical, took study drugs as required, and received checks as payment.
“Clinical trials help ensure that new drugs are safe and effective for the public, and this defendant undermined that process,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “The Department of Justice will continue to work hand-in-hand with the Food and Drug Administration (FDA) to investigate and prosecute fraudsters who put personal profit before public health.”
“Fraud in the conduct of clinical trials is simply unacceptable, especially where the drug under investigation was meant to serve children and other vulnerable populations,” said U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida. “I thank our partners at the FDA’s Office of Criminal Investigations, Miami Field Office, for their work in investigating this scheme.”
“Reliable clinical trial data is a foundation for FDA drug approval. Falsifying that data leaves consumers at risk of taking drugs that are neither safe nor effective,” said Special Agent in Charge Justin C. Fielder, FDA Office of Criminal Investigations Miami Field Office. “We will continue to investigate and bring to justice those who endanger the public health when they engage in conduct that might subvert the FDA approval process.”
Raventos pleaded guilty before U.S. District Judge Beth Bloom. Raventos is the first defendant to plead guilty in connection with the scheme. Three other defendants were charged along with Raventos, and they are presumed innocent until proven guilty beyond a reasonable doubt. When sentenced, Raventos faces a maximum penalty of up to 20 years in prison.
Assistant Director Clint L. Narver and Trial Attorneys Joshua Rothman, Jocelyn Hines, and Kara M. Traster of the Department of Justice’s Consumer Protection Branch are prosecuting the case. The U.S. Food and Drug Administration’s Office of Criminal Investigations, Miami Field Office, investigated the case, and the U.S. Attorney’s Office of the Southern District of Florida has provided critical assistance.
Environment and Natural Resources Division Recognizes Employees for Outstanding Service at Annual Awards CeremonyRead the Press Release
The Environment and Natural Resources Division (ENRD) held its annual awards ceremony to highlight the past year’s achievements.
The ceremony, which was conducted virtually via a video celebration, recognized the outstanding work of many of the division’s attorneys and staff in the realm of civil and criminal environmental enforcement, defense of agency rulemakings, support of priority infrastructure projects, and other areas.
The 2020 Muskie-Chafee Award was presented posthumously to Karen M. Wardzinski, former Chief of ENRD’s Law and Policy Section. Karen was an exceptional legal mind, and great friend and colleague to all of those at ENRD until her recent passing. The 2020 Tom C. Clark II Award – which recognizes outstanding performance as trial counsel and mentoring – was presented to Michael C. Augustini, Senior Attorney in ENRD’s Environmental Defense Section. ENRD also recognized 58 other employees, contractors, and partners who made superior contributions to the division’s mission over the past year, including the Pandemic Network Team, led by IT Director Richard W. Tayman, which quickly stood up a near fail-proof infrastructure upon which ENRD’s workforce operated during the coronavirus pandemic.
The division highlighted the recent lodging of the settlement in the Daimler-Mercedes civil enforcement case, in which German automaker Daimler AG and its American subsidiary agreed to pay $875 million in civil penalties and approximately $70 million in other penalties for alleged emissions cheating. Furthermore, ENRD recognized teams of lawyers who counseled the U.S. Environmental Protection Agency and other client agencies to prepare the Waters of the United States (WOTUS), Affordable Clean Energy (ACE), new National Environmental Policy Act (NEPA) regulations, and other exceptionally complex and significant rules for legal challenges.
During the virtual ceremony, Principal Deputy Assistant Attorney General Jonathan D. Brightbill praised the staff’s commitment in the face of unprecedented challenges over the past year stating, “You worked tirelessly to adapt to the constraints imposed by the COVID-19 pandemic. You continued to execute our mission to uphold this Nation’s environmental laws, and their reforms, protect its wildlife and natural resources, and defend the public fisc. At the same time, many of you managed to care for high-risk family members, learn new ways of remote litigation, and run virtual learning academies for your kids at home. I am proud to say you did so without compromising the quality of our work in the slightest.”
The division’s virtual award ceremony is available on-line at: https://youtu.be/lyeRjDiJ2A8.
A video presentation of the 2020 Muskie-Chafee Award and honoring the career and life of service of Karen M. Wardzinski is available on-line at: https://youtu.be/SDtvME_SnSA.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Department of Justice Awards More Than $458 Million to Fight Violent CrimeRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced that it has awarded more than $458 million in grant funding to support state, local, and tribal law enforcement efforts to fight and prevent violent crime in jurisdictions across the United States.
“One of the fundamental missions of government is to protect its citizens and safeguard the rule of law,” said Attorney General William P. Barr. “The Department of Justice will continue to meet this critical responsibility by doing everything within its power to help our state, local and tribal law enforcement and criminal justice partners fight crime and deliver justice on behalf of all Americans.”
“Violence has become a tragic reality in too many of America’s communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Working with officials across the Trump Administration and with thousands of state, local and tribal crime-fighters across the country, the Department of Justice is leading the response to this urgent challenge. OJP is pleased to make these resources available to support innovative, tested and diverse solutions to violent crime.”
The funding announced today continues the Trump Administration’s commitment to reducing crime and improving public safety. In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends. Today’s grants will bolster crime-fighting efforts in those communities and in jurisdictions throughout the United States.
OJP’s Bureau of Justice Assistance made 1,094 grants totaling more than $369 million to support a broad range of initiatives that support local, state and tribal governments in their efforts to prevent and reduce violent crime. OJP’s Office of Juvenile Justice and Delinquency Prevention awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.3 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System. A list of the awards is available here.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at https://www.ojp.gov.
Memphis Physicians Agree to Pay More Than $340,000 for Alleged OverbillingRead the Press Release
Doctor Shoaib Qureshi, Doctor Imran Mirza, Memphis Primary Care Specialists, Lunceford Family Health Center, and Getwell Family Medicine agreed to pay $341,690 to resolve allegations that they violated the False Claims Act by knowingly charging Medicare for services rendered by nurse practitioners at the higher reimbursement rate for physician services, the Justice Department announced today.
Doctor Qureshi and Doctor Mirza are family medicine physicians who practice in and around Memphis, Tennessee. Doctor Qureshi owns and operates Memphis Primary Care Specialists and Lunceford Family Health Center; Doctor Mirza owns and operates Getwell Family Medicine.
“Healthcare providers who overcharge Medicare contribute to the soaring cost of health care,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division. “The department will continue to investigate and hold accountable those who seek to enrich themselves at the expense of federal health care programs and the American taxpayers.”
"Falsely billing Medicare for services by absent physicians encourages fraud, waste, and abuse of taxpayer funds and can ultimately harm patients," said D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee. "Settlements like this achieve provider accountability, protect public funds, and safeguard the beneficiaries of federal health care programs."
“Medicare is a system based on trust and depends on the integrity of health care providers,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Physicians have a duty to ensure claims are accurate in order to prevent the program from over-paying for the services rendered to patients.”
Medicare pays a higher rate for physician services than for non-physician services. Medicare will pay the higher physician rate for services rendered by non-physician providers if the services are “incident to” the services of a physician. Such “incident to” services, however, must be provided under the direct supervision of a physician. The United States alleged that, from 2015 to 2018, Doctor Qureshi, Doctor Mirza, and their clinics billed Medicare as though the physicians had provided the services in question, when in fact nurse practitioners had treated the patients without the supervision required by Medicare’s “incident to” rules. Indeed, the government alleged that the services were rendered when the physicians were out of the office, including times when they were traveling out of state or abroad.
The settlement resolves allegations filed in a lawsuit by Michael Grace under the qui tam provisions of the False Claims Act, which permit private individuals to sue for false claims on behalf of the government and to share in any recovery. The civil lawsuit is docketed in the Western District of Tennessee and is captioned United States; the States of California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Tennessee, and Texas; the Commonwealths of Massachusetts and Virginia; and the City of Chicago ex rel. Grace v. Tenet HealthCare Corp., St. Francis Hospital-Memphis, Desert Regional Medical Center, Apollo MD, Shoaib Qureshi, MD; and Imran Mirza, MD, Case No. 2:20-CV-2209. As part of this settlement, Grace will receive $58,087 as his share of the government’s recovery.
The 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).
This matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Tennessee, and the Office of Inspector General for the U.S. Department of Health and Human Services.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
Medtronic to Pay over $9.2 Million to Settle Allegations of Improper Payments to South Dakota NeurosurgeonRead the Press Release
Minnesota-based medical device maker Medtronic USA Inc. has agreed to pay $8.1 million to resolve allegations that it violated the False Claims Act by paying kickbacks to induce a South Dakota neurosurgeon to use certain Medtronic products, the Department of Justice announced today.
Medtronic also agreed to pay an additional $1.11 million to resolve allegations that it violated the Open Payments Program by failing to accurately report payments it made to the neurosurgeon to the Centers for Medicare & Medicaid Services (CMS).
“Kickbacks undermine the integrity of federal healthcare programs and increase costs borne by taxpayers,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “This case demonstrates the Department of Justice’s commitment to ensure that medical device manufacturers do not use improper financial relationships to influence physician decision-making.”
“We expect doctors to make medical decisions based on what is best for their patients, not what is best for their bank accounts,” said U.S. Attorney Ron Parsons for the District of South Dakota. “The quality of medical care is eroded – and patients and their families suffer – when companies and physicians enter into these sorts of under the table schemes to create illegal financial incentives to increase the use of medical devices.”
“Allegations of kickbacks are taken very seriously. Such actions threaten the integrity of federal healthcare systems,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG). “We will continue working with our law enforcement partners to protect patients and taxpayers.”
“CMS’ Open Payments Program is intended to promote transparency and accountability in the healthcare system. Manufacturers that misreport their financial relationships with healthcare providers erode the integrity of the Open Payments Program and will be held accountable,” said Brenna E. Jenny, HHS Deputy General Counsel and CMS Chief Legal Officer. “CMS looks forward to continued partnership with the Department of Justice to resolve allegations of manufacturers skirting their Open Payments obligations.”
The Anti-Kickback Statute prohibits directly or indirectly offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal healthcare programs.
The settlement announced today resolves allegations that Medtronic agreed to the requests of South Dakota neurosurgeon, Wilson Asfora, M.D., to pay for social events at Carnaval Brazilian Grill, a restaurant Medtronic knew Asfora owned, including scores of expensive meals. Medtronic allegedly made the payments to benefit Asfora and induce him to use Medtronic’s SynchroMed II intrathecal infusion pumps, which are implantable devices used to deliver medication to patients. The United States alleged that Medtronic’s sponsored events at Asfora’s restaurant were social gatherings for which Asfora selected and invited his social acquaintances, business partners, favored colleagues, and potential and existing referral sources, while Medtronic paid for their meals and drinks. Over a nine-year period, Medtronic allegedly paid for more than one hundred events at Asfora’s restaurant.
This settlement also resolves Medtronic’s liability under CMS’ Open Payments Program, which was established by the Affordable Care Act and requires medical device manufacturers like Medtronic to disclose to CMS certain payments or other transfers of value to a physician like Asfora. The United States alleged that Medtronic made payments to Asfora’s restaurant at his request, knowing that Asfora owned the restaurant, but underreported those payments to CMS.
Asfora and two of his other companies are defendants in a separate FCA lawsuit in which the United States filed a complaint in November 2019, alleging that Asfora received kickbacks to use certain implants in his spinal surgeries. That pending case is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.).
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare 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 settlement was the result of an investigation by the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the District of South Dakota, and HHS-OIG. As part of the settlement, Medtronic agreed to cooperate with the Department’s investigations of and litigation against other parties, and the device maker took remedial action once it learned of the wrongdoing, including terminating a sales representative and sales manager and disciplining twelve other employees involved in the alleged misconduct.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Justice Department Releases Information on Election Day Efforts to Protect the Right to Vote and Prosecute Ballot FraudRead the Press Release
Continuing a longstanding Justice Department tradition, Attorney General William P. Barr today issued the following statement: “Americans have the opportunity once again to help shape the future of this nation by exercising their right to vote. It is a right that forms the foundation of our democratic system of government, and is precious to all Americans. The Department of Justice will work tirelessly alongside other federal, state, and local agencies to protect that right as it is administered by state and local jurisdictions across the nation.”
In anticipation of the upcoming general elections, the Department of Justice today provided information about its particular efforts, through the Criminal Division, Civil Rights Division, and National Security Division, to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation, or fraud in the election process.
Criminal Division and the Department’s 94 U.S. Attorney’s Offices:
The department’s Criminal Division oversees the enforcement of federal laws that criminalize certain forms of election fraud and vindicate the integrity of the federal election process.
The Criminal Division’s Public Integrity Section and the department’s 94 U.S. Attorney’s Offices are responsible for enforcing the federal criminal laws that prohibit various forms of election fraud, such as destruction of ballots, vote-buying, multiple voting, submission of fraudulent ballots or registrations, and alteration of votes, and malfeasance by postal or election officials and employees. The Criminal Division is also responsible for enforcing federal criminal law prohibiting voter intimidation for reasons other than race, color, national origin, or religion (as noted below, voter intimidation that has a basis in race, color, national origin, or religion is addressed by the Civil Rights Division).
The U.S. Attorney’s Offices around the country designate Assistant U.S. Attorneys who serve as District Election Officers (DEOs) in the respective Districts. DEOs are responsible for overseeing potential election-crime matters in their Districts, and for coordinating with the department’s election-crime experts in Washington, D.C.
From now through Nov. 3, 2020, the U.S. Attorney’s Offices will work with specially trained FBI personnel in each district to ensure that complaints from the public involving possible election fraud are handled appropriately. Specifically:
- In consultation with federal prosecutors at the Public Integrity Section in Washington, D.C., the District Election Officers in U.S. Attorney’s Offices, FBI officials at headquarters in Washington, D.C., and FBI special agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open to receive complaints from the public.
- Election-crime complaints should be directed to the local U.S. Attorney’s Offices or the local FBI office. A list of U.S. Attorney’s Offices and their telephone numbers can be found at http://www.justice.gov/usao/districts/. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
- Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorney’s Offices and the FBI regarding the handling of election-crime allegations.
All complaints related to violence, threats of violence, or intimidation at a polling place should be reported first to local police authorities by calling 911; after alerting local law enforcement to such emergencies by calling 911, the public should contact the department.
Civil Rights Division:
The department's Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right.
The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including: the Voting Rights Act; the Uniformed and Overseas Citizens Absentee Voting Act; the National Voter Registration Act; the Help America Vote Act; and the Civil Rights Acts. Among other things, collectively, these laws:
- Prohibit election practices that have either a discriminatory purpose or a discriminatory result on account of race, color, or language minority status;
- Prohibit intimidation of voters;
- Provide that voters who need assistance in voting because of disability or illiteracy can obtain assistance from a person of their choice (other than agents of their employer or union);
- Provide for accessible voting systems for voters with disabilities;
- Provide for provisional ballots for voters who assert they are registered and eligible, but whose names do not appear on poll books;
- Provide for absentee voting for absent uniformed service members, their family members, and U.S. citizens living abroad; and
- Provide for covered States to offer citizens the opportunity to register to vote through offices that provide driver licenses, public assistance, and disability services, as well as through the mail; and to take steps regarding maintaining voter registration lists.
The Civil Rights Division’s Disability Rights Section enforces the Americans with Disabilities Act (ADA) that prohibits discrimination in voting based on disability.
The Civil Rights Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and vote suppression based on race, color, national origin, or religion.
On Election Day, Nov. 3, 2020, the Civil Rights Division will implement a comprehensive program to help ensure the right to vote that will include the following:
- The Civil Rights Division will conduct monitoring in the field under the federal voting rights statutes.
- Civil Rights Division attorneys in the Voting, Disability Rights, and Criminal Sections in Washington, D.C., will be ready to receive complaints of potential violations relating to any of the statutes the Civil Rights Division enforces. Attorneys in the division will coordinate within the Department of Justice and will take appropriate action concerning these complaints before, during, and after Election Day.
- Individuals with complaints related to possible violations of the federal voting rights laws can call the department’s toll-free telephone line at 800-253-3931, and also can submit complaints through a link on the department’s website, at https://civilrights.justice.gov/.
- Individuals with questions or complaints related to the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or submit a complaint through a link on the department’s ADA website, at ada.gov.
- Once again, complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local authorities by calling 911. They should also be reported to the department after local authorities are contacted.
National Security Division:
The department's National Security Division supervises the investigation and prosecution of cases affecting or relating to national security, including any cases involving foreign interference in elections or violent extremist threats to elections. In this context:
- The National Security Division’s Counterintelligence and Export Control Section oversees matters involving a range of malign influence activities that foreign governments may attempt, including computer hacking of election or campaign infrastructure; covert information operations (e.g., to promulgate disinformation through social media); covert efforts to support or denigrate political candidates or organizations; and other covert influence operations that might violate various criminal statutes.
- The National Security Division’s Counterterrorism Section oversees matters involving international and domestic terrorism and supports law enforcement in preventing any acts of terrorism that impact Americans, including any violent extremism that might threaten election security.
As in past elections, on Nov. 3, 2020, the National Security Division will work closely with counterparts at the FBI and our U.S. Attorney’s Offices to protect our nation’s elections from any national security threats. In particular, attorneys from both sections will be partnered with FBI Headquarters components to provide support to U.S. Attorney’s Offices and FBI Field Offices to counter any such threats. Again, complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local authorities by calling 911 and, after local authorities are contacted, then should also be reported to the department.
Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government. The department encourages anyone with information suggesting voting rights concerns or ballot fraud to contact the appropriate authorities, and notes in particular that the Department of Homeland Security plays its own important role in safeguarding critical election infrastructure from cyber and other threats.
Department of Justice announces the use of body-worn cameras on federal task forcesRead the Press Release
ST. LOUIS, MO— The Justice Department announced it will permit state, local, territorial, and tribal task force officers to use body-worn cameras on federal task forces around the nation. The department’s policy will permit federally deputized officers to activate a body-worn camera while serving arrest warrants, or during other planned arrest operations, and during the execution of search warrants. The policy is the result of a pilot program launched by the department last October.
“After spending a substantial amount of time examining this issue, assessing the results of the pilot program, and taking into account the interests and priorities of all the law enforcement agencies involved, I am pleased to announce that the department will permit the use of body-worn cameras on our federal task forces in specific circumstances,” said Attorney General William P. Barr. “The Department of Justice has no higher priority than ensuring the safety and security of the American people and this policy will continue to help us fulfill that mission.”
The Department of Justice, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Drug Enforcement Administration (DEA); the FBI; and the U.S. Marshals Service (USMS), partners with state, local, territorial, and tribal law enforcement on hundreds of federal task forces throughout the nation. Together, these task forces work to combat violent crime, stem the flow of illegal narcotics, and arrest dangerous fugitives.
On Oct. 28, 2019, after consulting with a number of state and local law enforcement associations, the Attorney General announced a pilot program to consider the use of body-worn cameras on federal task forces. In January 2020, federal task force officers in several pilot cities began using body-worn cameras on task force operations and concluded the pilot program on Sept. 1, 2020.
The department would like to thank the Houston Police Department, Detroit Police Department, Wichita Police Department, Salt Lake City Police Department and Park City Police Department for their participation in the pilot program, as well as all of the state and local law enforcement leaders that have provided input and guidance.
State and local agencies that would like to participate in DOJ’s task force body-worn camera program may contact the Special-Agent-in-Charge of the federal agency sponsoring the task force, or, in the case of USMS-led task forces, the federal district’s U.S. Marshal. Due to the large number of state and local agencies nationwide that may like to participate, federal agencies may establish a graduated process to onboard partner agencies to the body-worn camera program. This will ensure an orderly and coordinated process to deal with the technical, training, and operational considerations involved in establishing a large-scale body-worn camera program.
Click here to learn more about the body-worn camera policy.
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Department of Justice Announces the Use of Body-Worn Cameras on Federal Task ForcesRead the Press Release
Today, the Justice Department announced that it will permit state, local, territorial, and tribal task force officers to use body-worn cameras on federal task forces around the nation. The department’s policy will permit federally deputized officers to activate a body-worn camera while serving arrest warrants, or during other planned arrest operations, and during the execution of search warrants. The policy is the result of a pilot program launched by the department last October.
“After spending a substantial amount of time examining this issue, assessing the results of the pilot program, and taking into account the interests and priorities of all the law enforcement agencies involved, I am pleased to announce that the department will permit the use of body-worn cameras on our federal task forces in specific circumstances,” said Attorney General William P. Barr. “The Department of Justice has no higher priority than ensuring the safety and security of the American people and this policy will continue to help us fulfill that mission.”
The Department of Justice, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Drug Enforcement Administration (DEA); the FBI; and the U.S. Marshals Service (USMS), partners with state, local, territorial, and tribal law enforcement on hundreds of federal task forces throughout the nation. Together, these task forces work to combat violent crime, stem the flow of illegal narcotics, and arrest dangerous fugitives.
On Oct. 28, 2019, after consulting with a number of state and local law enforcement associations, the Attorney General announced a pilot program to consider the use of body-worn cameras on federal task forces. In January 2020, federal task force officers in several pilot cities began using body-worn cameras on task force operations and concluded the pilot program on Sept. 1, 2020.
The department would like to thank the Houston Police Department, Detroit Police Department, Wichita Police Department, Salt Lake City Police Department and Park City Police Department for their participation in the pilot program, as well as all of the state and local law enforcement leaders that have provided input and guidance.
State and local agencies that would like to participate in DOJ’s task force body-worn camera program may contact the Special-Agent-in-Charge of the federal agency sponsoring the task force, or, in the case of USMS-led task forces, the federal district’s U.S. Marshal. Due to the large number of state and local agencies nationwide that may like to participate, federal agencies may establish a graduated process to onboard partner agencies to the body-worn camera program. This will ensure an orderly and coordinated process to deal with the technical, training, and operational considerations involved in establishing a large-scale body-worn camera program.
Read the policy: Use of Body-Worn Cameras by Federally Deputized Task Force Member
Colorado Springs Agrees to Improve Stormwater Management in Settlement with the United StatesRead the Press Release
The U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with the City of Colorado Springs, Colorado, to resolve violations of the Clean Water Act with respect to the City’s storm sewer system.
The settlement also includes the State of Colorado as a co-plaintiff, and the Lower Arkansas Valley Water Conservancy District and the Board of County Commissioners of the County of Pueblo as plaintiff-intervenors. The improvements made by the city under this settlement will result in significant reductions in the discharge of pollutants, such as sediment, oil and grease, heavy metals, pesticides, fertilizers, and bacteria, into Fountain Creek and its tributaries in Colorado Springs. Communities downstream of Colorado Springs will also see significant water quality improvements from the settlement.
The Department of Justice, the EPA and the State of Colorado alleged claims against the City of Colorado Springs in an amended complaint filed in the U.S. District Court for the District of Colorado on Jan. 26, 2017. The Lower Arkansas Valley Water Conservancy District, and the Board of County Commissioners of the County of Pueblo were joined as plaintiffs on Feb. 16, 2017. The amended complaint generally alleged that the City of Colorado Springs violated its National Pollutant Discharge Elimination System (NPDES) permit for its municipal stormwater management program by failing to require the installation and maintenance of stormwater management structures at residential and commercial developments. The complaint also alleged that the city failed to enforce requirements to prevent polluted stormwater from running off active construction sites.
The city has since taken significant steps to improve its stormwater management program. The proposed settlement requires the city to take additional actions, including developing standard operating procedures and increased staff training for critical elements of its stormwater management program. In addition, under the settlement the city will capture the volume of stormwater that was required to be captured under the city’s NPDES permit using an innovative approach that identifies capacity needs and the appropriate locations for adding capacity on a watershed basis. The proposed settlement also requires the city to mitigate the damage to Fountain Creek and its tributaries through stream restoration projects. These projects could include habitat restoration, channel restoration, constructed wetlands and similar projects intended to reduce stormwater pollutants entering Fountain Creek or its tributaries. The city will spend a total of $11 million on this mitigation. Finally, the City of Colorado Springs will pay a $1 million federal civil penalty. In lieu of paying a civil penalty to the state, the city will perform state-approved supplemental environmental projects valued at $1 million that will improve water quality in the Arkansas River, into which Fountain Creek flows south of the city.
“It is important to maintain the integrity of the Clean Water Act’s storm water program requirements,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill of the Justice Department’s Environment and Natural Resources Division. “Through this settlement the City of Colorado Springs will ensure that the citizens of the City of Colorado Springs have a clean and safe storm water program and that downstream communities will be protected.”
“The EPA appreciates the hard work and cooperation from all the parties, including the City of Colorado Springs, to reach this comprehensive agreement that will avoid further litigation and hasten the actions needed to improve water quality in Fountain Creek and its tributaries,” said EPA Assistant Administrator Susan Bodine for the Office of Enforcement and Compliance Assurance. “This innovative settlement, developed through creative problem solving by engineers and scientists with the EPA, the state and the city, will provide the city with the flexibility it needs to attack the problems that have plagued its storm sewer system for two decades in a way that minimizes the burden on its rate payers.”
The City of Colorado Springs’ storm sewer system serves a population of more than 460,000 people and comprises approximately 250 miles of storm water ditches and channels, with more than 690 major outfalls, throughout the City of Colorado Springs. The City of Colorado Springs’ storm sewer system discharges to Monument Creek, Fountain Creek, Camp Creek, Cheyenne Creek, Shooks Run, and other waters within the Arkansas River watershed. The EPA and the Colorado Department of Public Health and the Environment, working in partnership, discovered the violations through inspections and follow up investigations of the City of Colorado Springs’ storm sewer program.
Stormwater pollution from municipal storm sewers can be a major contributor to poor water quality in receiving waters. Sediment from stormwater can degrade the quality of water for drinking, wildlife, and the aquatic and riparian ecosystems. Other pollutants, such as oil and grease, heavy metals, pesticides, fertilizers, and bacteria, also can be entrained in stormwater and discharged by municipal storm sewers into receiving waters, where they degrade water quality.
The proposed settlement, lodged today in the U.S. District Court for the District of Colorado, is subject to a 30-day public comment period and final court approval.
For more information on the settlement and for information on how to submit a comment, visit https://www.justice.gov/enrd/consent-decrees.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
The Department of Justice Announces Standards for Certifying Safe Policing Practices by Law Enforcement AgenciesRead the Press Release
Today, the Department of Justice announced Standards for Certification that will be used by credentialing bodies so they can begin certifying thousands of law enforcement agencies over the next three months. The Standards of Certification are a result of President Trump’s June Executive Order 13929, Safe Policing for Safe Communities.
“The fundamental responsibility of government is to keep its citizens safe and today’s action to certify thousands of law enforcement agencies around the country will further enable us to do just that,” said Attorney General William P. Barr. “President Trump’s Executive Order on Safe Policing for Safe Communities affirms this administration’s commitment to protecting the American people. Furthermore, everyone loses when trust erodes between the community and law enforcement. That is why the Department of Justice has worked tirelessly to implement the President’s Executive Order in order to improve accountability, build trust, and ensure the safety of the public as well as members of law enforcement who risk their lives every day.”
Executive Order 13929 requires that all state, local, and university law enforcement agencies be certified by independent credentialing agencies. The President’s Order requires agencies to meet two standards in order to be successfully credentialed: 1) that the agency’s use of force policies prohibit chokeholds, except in situations where the use of deadly force is allowed by law; and 2) that the agency’s use of force policies adhere to all applicable federal, state, and local laws.
Over the next 90 days, at least 3,000 law enforcement agencies will be certified by independent credentialing agencies. These agencies will conduct independent reviews of law enforcement policies and procedures, which, in turn, will ensure accountability, enhance citizen confidence and trust in law enforcement, and help correct internal issues before they result in injury to the public or to law enforcement officers.
The Department’s certification standards encourage an independent assessment of law enforcement policies and procedures, such as: 1) training protocols on use of force; 2) training protocols on de-escalation; 3) the scope of an officer’s duty and obligation to intervene in order to prevent excessive force by another officer; 4) when and how an officer should provide appropriate medical care; 5) officers identifying themselves as law enforcement and giving verbal warning of their intent to use deadly force; and 6) shooting at or from a moving vehicle. Additionally, law enforcement agencies are encouraged to implement early intervention systems to promote officer wellness and to identify officers who may be at risk of violating use of force policies, policies and procedures to help them recruit and promote the best and brightest, and community engagement plans to address each community’s specific needs.
Since the Executive Order was announced in June, the major stakeholders in law enforcement have been kept apprised of the implementation process, have reviewed the Safe Principles document, and many have endorsed their adoption. These principles provide for more accountability, transparency, and community engagement and will foster community trust, all critical elements in keeping both the public and law enforcement officers safe.
To learn more about Executive Order 13929, please see the interview with Assistant to the President Ja’Ron Smith and Attorney General William P. Barr.
The Department of Justice Announces Standards for Certifying Safe Policing Practices by Law Enforcement AgenciesRead the Press Release
Today, the Department of Justice announced Standards for Certification that will be used by credentialing bodies so they can begin certifying thousands of law enforcement agencies over the next three months. The Standards of Certification are a result of President Trump’s June Executive Order 13929, Safe Policing for Safe Communities.
“The fundamental responsibility of government is to keep its citizens safe and today’s action to certify thousands of law enforcement agencies around the country will further enable us to do just that,” said Attorney General William P. Barr. “President Trump’s Executive Order on Safe Policing for Safe Communities affirms this administration’s commitment to protecting the American people. Furthermore, everyone loses when trust erodes between the community and law enforcement. That is why the Department of Justice has worked tirelessly to implement the President’s Executive Order in order to improve accountability, build trust, and ensure the safety of the public as well as members of law enforcement who risk their lives every day.”
Executive Order 13929 requires that all state, local, and university law enforcement agencies be certified by independent credentialing agencies. The President’s Order requires agencies to meet two standards in order to be successfully credentialed: 1) that the agency’s use of force policies prohibit chokeholds, except in situations where the use of deadly force is allowed by law; and 2) that the agency’s use of force policies adhere to all applicable federal, state, and local laws.
Over the next 90 days, at least 3,000 law enforcement agencies will be certified by independent credentialing agencies. These agencies will conduct independent reviews of law enforcement policies and procedures, which, in turn, will ensure accountability, enhance citizen confidence and trust in law enforcement, and help correct internal issues before they result in injury to the public or to law enforcement officers.
The Department’s certification standards encourage an independent assessment of law enforcement policies and procedures, such as: 1) training protocols on use of force; 2) training protocols on de-escalation; 3) the scope of an officer’s duty and obligation to intervene in order to prevent excessive force by another officer; 4) when and how an officer should provide appropriate medical care; 5) officers identifying themselves as law enforcement and giving verbal warning of their intent to use deadly force; and 6) shooting at or from a moving vehicle. Additionally, law enforcement agencies are encouraged to implement early intervention systems to promote officer wellness and to identify officers who may be at risk of violating use of force policies, policies and procedures to help them recruit and promote the best and brightest, and community engagement plans to address each community’s specific needs.
Since the Executive Order was announced in June, the major stakeholders in law enforcement have been kept apprised of the implementation process, have reviewed the Safe Principles document, and many have endorsed their adoption. These principles provide for more accountability, transparency, and community engagement and will foster community trust, all critical elements in keeping both the public and law enforcement officers safe.
To learn more about Executive Order 13929, please see the interview with Assistant to the President Ja’Ron Smith and Attorney General William P. Barr.
Statement from Assistant Attorney General Eric Dreiband Commemorating the Twentieth Anniversary of the Trafficking Victims Protection ActRead the Press Release
Assistant Attorney General for Civil Rights Eric Dreiband issued the following statement today commemorating the twentieth anniversary of the Trafficking Victims Protection Act:
Twenty years ago, on Oct. 28, 2000, Congress enacted the Trafficking Victims Protection Act (TVPA), condemning human trafficking as a “contemporary manifestation of slavery” that is “abhorrent” to our ideals of freedom, human dignity, and unalienable rights.
On Oct. 19, 2020, I was pleased to participate in the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons. During that meeting, 20 agency officials across the federal government, including the Department of Justice, explained how the federal government is combatting the modern-day slavery of human trafficking.
Even after the Thirteenth Amendment abolished state-sanctioned slavery in 1865, many ostensibly free citizens endured racial violence, abuses of authority, and conditions of involuntary servitude that both perpetuated badges and incidents of slavery for generations to come and violated the Thirteenth Amendment.
Since its founding in 1957, the Civil Rights Division has fought to uphold guarantees of individual rights, freedom, and equality for all, including the prohibitions against involuntary servitude and slavery that the division vigorously enforced for decades before passage of the TVPA.
Accordingly, when the TVPA extended the reach of these involuntary servitude statutes and established vital victim protections and detection partnerships, the Civil Rights Division answered this call to action and led rapidly expanding nationwide anti-trafficking efforts.
Before the TVPA, the Civil Rights Division and U.S. Attorney’s Offices charged, on average, fewer than four involuntary servitude cases a year, totaling 18 such cases over the five preceding years. The TVPA’s expanded criminal prohibitions, victim protections, and proactive detection programs sparked a surge in trafficking cases that rapidly intensified the need for specialized anti-trafficking expertise to guide increasingly complex cases.
The Department of Justice again answered the call by creating its specialized Human Trafficking Prosecution Unit within the Criminal Section of the Civil Rights Division. The Human Trafficking Prosecution Unit is known as the “HTPU” and it consolidated the department’s anti-trafficking expertise. The HTPU leads the department’s nationwide enforcement efforts, guides the development of novel, complex, multi-jurisdictional, and international trafficking cases, and strengthened strategic partnerships.
Creation of this specialized Unit has proven vital to the department’s unprecedented anti-trafficking achievements since passage of the TVPA. In the six years after HTPU’s inception, trafficking cases involving forced labor, sex trafficking of adults, and transnational trafficking rose over 115 percent, as convictions in such cases rose 83 percent. Since HTPU’s formation in 2007, HTPU and U.S. Attorney’s Offices have brought 945 such cases against 2,048 defendants, securing 1,747 convictions. In the two decades since passage of the TVPA, the department has initiated 1,069 such cases against 2,408 defendants and secured 1,986 convictions, all in addition to impressive numbers of child sex trafficking cases brought by the Criminal Division and U.S. Attorney’s Offices.
These cases have vindicated the rights of thousands of victims. A few examples illustrate the point: victims whose rights the department vindicated include a young West African girl held in domestic servitude for over sixteen years; an African-American man with an intellectual disability who was compelled into forced labor in a restaurant, without pay, through verbal abuse, racial epithets, and brutal assaults; and Guatemalan young men and boys who traffickers lured on false promises, then forced, under threats of harm to their families, to perform agricultural labor in grueling conditions for minimal pay. Our prosecutions also restored the lives of young women from large U.S. cities, small suburbs, rural communities, and tribal areas who criminal traffickers coerced into commercial sex by manipulating the victims’ dependence on addictive drugs.
HTPU has launched groundbreaking interagency enforcement initiatives that produced dozens of complex, high-impact cases to dismantle notorious transnational trafficking enterprises.
The Anti-Trafficking Coordination Team (ACTeam) Initiative has markedly increased trafficking prosecutions in participating districts, while the U.S.-Mexico Bilateral Human Trafficking Enforcement Initiative has resulted in over 270 U.S. convictions, and dozens of related Mexican state and federal prosecutions, against brutal sex trafficking enterprises that compelled hundreds of vulnerable victims into prostitution.
HTPU has further accelerated nationwide anti-trafficking efforts by disseminating specialized expertise, training, and strategic guidance to thousands of anti-trafficking partners each year, strengthening victim-centered, trauma-informed strategies, chairing the INTERPOL Human Trafficking Experts Group, and advancing departmental anti-trafficking policy priorities.
While we proudly celebrate these achievements, we humbly redouble our resolve to tackle the challenges ahead. We are increasingly leveraging technology-enhanced, intelligence-driven targeting and analytics to combat trafficking threats involving encrypted communications, cryptocurrency, and dark web platforms. We are expanding cross-disciplinary partnerships with experts in countering related money laundering, transnational organized crime, narcotics, human rights, immigration, and labor violations. And we are increasingly incorporating the expertise of survivors themselves to make our anti-trafficking strategies more effective than ever before.
On this twentieth anniversary of the TVPA, we recommit to our mission of eradicating human trafficking and modern-day slavery, and we renew our unflagging resolve to work tirelessly to deliver on the promises of unalienable rights, fundamental freedoms, and human dignity for all.
Statement by Deputy Attorney General Jeffrey A. Rosen on the 20th Anniversary of the Enactment of the Trafficking Victims Protection Act of 2000Read the Press Release
Deputy Attorney General Jeffrey A. Rosen issued the following statement:
"Today marks the 20th Anniversary of the enactment of the Trafficking Victims Protection Act of 2000. This landmark law criminalized sex trafficking and forced labor, created systems to protect victims of this crime at home and around the world, and created prevention programs. The Department of Justice was given sole authority to prosecute these new federal crimes. It is important to look back at the coordinated efforts that produced the TVPA – a collaboration of survivors, civil society advocates from faith-based groups and across the political spectrum, and policymakers. That same spirit of collaboration will allow the Department and its federal, state, local and tribal law enforcement partners to redouble its efforts in bringing the fight to human trafficking. The President’s National Action Plan to Combat Human Trafficking, released last week, will help us reach our goal, which is nothing less than to end human trafficking once and for all."
Judge sentences St. Louis County doctor for fraudulently obtaining opioid narcotic prescription drugsRead the Press Release
ST. LOUIS, MO – United States District Court Judge Rodney W. Sippel sentenced today Angela K. Williams, M.D to three years’ probation, $745 in restitution to Medicare and Medicaid and 100 hours community service today. The 34-year-old Brentwood, Missouri resident pleaded guilty, in January, to fraudulently obtaining oxycodone.
According to the plea agreement, Dr. Williams wanted to obtain prescription drugs containing controlled substances for her own personal use outside the bounds of professional medical practice and not for legitimate medical purposes. Accordingly, Dr. Williams used her own prescription pad to write and sign numerous prescriptions for controlled substances using other persons’ names, including prescriptions for the narcotic opioid pain relief drugs hydrocodone and oxycodone. Dr. Williams then went to pharmacies and posing as a patient presented the prescriptions for the drugs. Dr. Williams also fraudulently used another doctor’s prescription pad, name, and Drug Enforcement Administration number to write herself additional controlled substance prescriptions.
The Drug Enforcement Administration, Florissant Police Department, Town and Country Police Department, St. John Police Department, Bureau of Narcotic and Dangerous Drugs of the Missouri Department of Health & Senior Services, Medicaid Fraud Control Unit of the Missouri Attorney General’s Office and the St. Louis County Prosecuting Attorney’s Office investigated the case.
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Guild Mortgage Company to Pay $24.9 Million to Resolve Allegations it Knowingly Caused False Claims for Federal Mortgage insuranceRead the Press Release
Guild Mortgage Company has agreed to pay the United States $24.9 million to resolve allegations that it violated the False Claims Act by knowingly breaching material program requirements when it originated and underwrote mortgages insured by the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA), the Department of Justice announced today. Guild Mortgage Company is headquartered in San Diego, California, with branches across the United States.
“Ensuring the integrity of federal lending programs is important to keeping those programs financially sound,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “Together with our partners at HUD, we have worked hard to hold accountable FHA lenders that knowingly and materially violate program requirements that help Americans achieve the dream of home ownership.”
“The United States is committed to providing Americans opportunities to own their own homes,” said Acting U.S. Attorney for the District of Columbia Michael R. Sherwin. “This settlement reflects the diligent work of officials from the Department of Justice and HUD to ensure that the programs that provide those opportunities are operated with integrity and in accordance with requirements established by law.”
“As this settlement demonstrates, we are committed to holding mortgage lenders accountable when they choose to abuse the integrity of vital government programs that are designed to assist homeownership,” said U.S. Attorney Robert Brewer for the Southern District of California. “We also commend the whistleblower for coming forward, exposing these wrongs, and working with the government investigative team.”
“The Federal Housing Administration insurance program is a critical tool that helps hardworking Americans achieve their dream of homeownership. Any abuse of that program is unacceptable and the bad actors will be held accountable,” said Rae Oliver Davis, U.S. HUD Inspector General. “This case highlights the effectiveness and the importance of whistleblower programs.”
Participants in the FHA mortgage insurance program are authorized to originate and underwrite mortgages without first having the government review the loans for compliance with the agency’s underwriting and origination requirements. If an FHA-insured loan defaults, the holder of the loan can then recover from the United States for certain losses. Lenders must follow FHA rules to ensure that only mortgages that meet critical credit and underwriting criteria are insured by the government.
The settlement announced today resolves allegations that Guild Mortgage Company knowingly approved materially ineligible loans that later defaulted and resulted in claims to FHA for mortgage insurance, failed to comply with material program rules that require lenders to maintain quality control programs to prevent and correct underwriting deficiencies, and failed to self-report materially deficient loans that it identified.
The agreement resolves allegations brought by the former head of quality control at Guild Mortgage Company, Kevin Dougherty, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The Act permits the United States to intervene in such a lawsuit, as it did in part here. Dougherty will receive $4,980,000 as his share of the government’s recovery.
The investigation, litigation, and settlement were the result of a coordinated effort among the Commercial Litigation Branch of the Department of Justice’s Civil Division, the U.S. Attorneys’ Offices for the District of Columbia and the Southern District of California, HUD, and HUD-OIG.
The qui tam case is captioned United States ex rel. Dougherty v. Guild Mortgage Company, Civ. A. No. 16-2909 (S.D. Cal.).
The claims asserted against the defendant are allegations only, and there has been no determination of liability.
Eight Individuals Charged with Conspiring to Act as Illegal Agents of the People’s Republic of ChinaRead the Press Release
A complaint and arrest warrants were unsealed today in federal court in Brooklyn charging eight defendants with conspiring to act in the United States as illegal agents of the People’s Republic of China (PRC). Six defendants also face related charges of conspiring to commit interstate and international stalking. The defendants, allegedly acting at the direction and under the control of PRC government officials, conducted surveillance of and engaged in a campaign to harass, stalk, and coerce certain residents of the United States to return to the PRC as part of a global, concerted, and extralegal repatriation effort known as “Operation Fox Hunt.”
Zhu Yong, Hongru Jin, and Michael McMahon were arrested today and will be arraigned this afternoon via teleconference before U.S. Magistrate Judge Peggy Kuo. Rong Jing and Zheng Congying were arrested in the Central District of California, and their initial appearances will take place in that district later today. Zhu Feng, Hu Ji, and Li Minjun remain at large.
“With today’s charges, we have turned the PRC’s Operation Fox Hunt on its head — the hunters became the hunted, the pursuers the pursued,” said Assistant Attorney General for National Security John C. Demers. “The five defendants the FBI arrested this morning on these charges of illegally doing the bidding of the Chinese government here in the United States now face the prospect of prison. For those charged in China and others engaged in this type of conduct, our message is clear: stay out. This behavior is not welcome here.”
“The Chinese government’s brazen attempts to surveil, threaten, and harass our own citizens and lawful permanent residents, while on American soil, are part of China’s diverse campaign of theft and malign influence in our country and around the world,” said FBI Director Christopher Wray. “The FBI will use all of its tools to investigate and defeat these outrageous actions by the Chinese government, which are an affront to America's ideals of freedom, human rights, and the rule of law.”
“As alleged, the defendants assisted PRC officials in a scheme to coerce targeted individuals to return to the PRC against their will,” said Acting U.S. Attorney Seth D. DuCharme. “The United States will not tolerate the conduct of PRC carrying out state-authorized actions on U.S. soil without notice to, and coordination with, the appropriate U.S. authorities. Nor will we tolerate the unlawful harassment and stalking of U.S. residents to further PRC objectives.” Acting U.S. Attorney DuCharme also extended his thanks and appreciation to the FBI’s Los Angeles Field Office for their work on the case.
“Today’s announcement of these charges further highlights the FBI’s ongoing and aggressive commitment to investigate China’s efforts to illegally impose its will in the United States”, said Special Agent in Charge George M. Crouch Jr. of the FBI Newark Field Office. “This case should serve as a reminder to the People’s Republic of China that when it directs criminal activity within our borders, the FBI and its law enforcement partners will make sure the perpetrators are held accountable.”
“The worldwide presence and investigative capabilities of the Diplomatic Security Service enables us to work with our law enforcement partners domestically and around the world to bring criminals to justice,” said Keith Byrne, Special Agent in Charge of the New York Field Office of the Diplomatic Security Service.
According to the complaint, the defendants participated in an international campaign to threaten, harass, surveil and intimidate John Doe-1, a resident of New Jersey, and his family in order to force them to return to the PRC as part of an international effort by the PRC government known within the PRC as “Operation Fox Hunt” and “Operation Skynet.” In furtherance of the operation, the PRC government targets Chinese individuals living in foreign countries that the PRC government alleges have committed crimes under PRC law and seeks to repatriate them to the PRC to face charges. Rather than rely upon proper forms of international law enforcement cooperation, such as Interpol “red notices” and requests for information through appropriate governmental channels, the defendants allegedly engaged in clandestine, unsanctioned, and illegal conduct within the United States and facilitated the travel of PRC government officials (PRC Officials) to U.S. soil in order to further carry out these illegal acts. Between 2016 and 2019, multiple PRC Officials directed the defendants, and several others, to engage in efforts to coerce the victims to return to the PRC, which included the following:
Surveillance and Coercion
In April 2017, defendants Zhu Feng, Hu Ji, Li Minjun, Hongru Jin, Zhu Yong, and Michael McMahon, together with others, including the PRC Officials, allegedly participated in a scheme to bring John Doe-1’s elderly father from the PRC to the United States against the father’s will and to use the surprise arrival of his elderly father to threaten and attempt to coerce John Doe-1’s return to the PRC. Zhu Feng, Hu Ji, and Zhu Yong worked with Michael McMahon, a private investigator, to gather intelligence about and locate John Doe-1 and his wife in the United States. PRC Officials coerced the father of John Doe-1 to travel from the PRC to the New York area in the company of Li Minjun, a doctor, who traveled with the elderly father from the PRC to the New York area. Hongru Jin assisted with logistics of the operation when Zhu Feng, Li Minjun, John Doe-1’s elderly father, and other PRC officials arrived in the U.S.
As charged in the complaint, during this phase of the scheme, McMahon, whose task was to surveil John Doe-1’s father in order to locate John Doe-1 and his wife, suggested to Zhu Feng that they could “harass [John Doe-1]. Park outside his home and let him know we are there.” Later, Zhu Feng told McMahon, “[t]hey definitely grant u a nice trip if they can get [John Doe-1] back to China haha.”
The conspirators also discussed the false statements John Doe-1’s father should make to U.S. immigration authorities about the purpose of his travel to the United States. The conspirators also made efforts to destroy evidence and delete their electronic communications to avoid detection by U.S. law enforcement.
Targeting and Harassment of Victims’ Daughter
Between May 2017 and July 2018, Rong Jing and several co-conspirators allegedly targeted John Doe-1’s adult daughter for surveillance and online harassment. Specifically, Rong Jing attempted to hire a private investigator to locate John Doe-1’s adult daughter in order to photograph and video record the daughter as part of a campaign to exert pressure on John Doe-1. Around the same time, an unidentified co-conspirator sent harassing messages over social media to John Doe-1’s daughter and her friends related to the PRC’s interest in repatriating John Doe-1.
Continued Harassment of Victims
In September 2018, Zheng Congying and another unidentified co-conspirator allegedly affixed a threatening note to the door of the John Doe-1’s residence stating, “If you are willing to go back to mainland and spend 10 years in prison, your wife and children will be all right. That’s the end of this matter!” Between February 2019 and April 2019, other co-conspirators caused unsolicited packages to be sent to John Doe-1’s residence. These packages contained letters and a video with messages intended to coerce John Doe-1’s return to the PRC by threatening harm to family members still residing in the PRC.
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted of the charged conspiracy to act as an agent of the PRC, each of the eight defendants charged today faces a maximum sentence of five years in prison. Defendants Zhu Feng, Hu Ji, Li Minjun, Michael McMahon, Rong Jing, and Zheng Congying also face an additional charge of conspiracy to commit interstate and international stalking, which carries a maximum sentence of five years in prison.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant U.S. Attorneys Craig R. Heeren and J. Matthew Haggans are in charge of the prosecution, with assistance from Trial Attorney Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section.
Colorado Man Sentenced to Prison for Biodiesel Tax Credit FraudRead the Press Release
A Colorado resident was sentenced to 15 months in prison yesterday for his role in a biodiesel tax credit fraud scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents and statements made in court, from 2010 to 2013, Calvin Glover and his coconspirators defrauded the United States of $7.2 million by filing false claims with the IRS for renewable fuel tax credits. Glover and his coconspirators formed a company, Shintan Inc. (Shintan), that purported to be in the business of producing renewable fuels. Glover and his coconspirators then submitted at least 22 claims to the IRS which falsely stated that Shintan had produced over seven million gallons of renewable fuel that qualified Shintan to receive refundable tax credits. Glover signed a number of false documents in support of these claims, even though he had no knowledge of Shintan ever producing any biodiesel or biodiesel mixtures.
For his role in the scheme, Glover received nearly $600,000 of the fraud proceeds, which he did not report on his individual tax returns.
On Aug. 8, 2020, Glover pleaded guilty to one count of conspiracy to defraud the United States.
In addition to the term of imprisonment imposed, U.S. District Judge Raymond P. Moore ordered Glover to serve three years of supervised release and to pay approximately $591,454 in restitution to the United States.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS-Criminal Investigation and Environmental Protection Agency-Criminal Investigation, who conducted the investigation, and Trial Attorneys Sarah A. Kiewlicz and Stephen K. Moulton of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Report Detailing Government Efforts to Combat Robocalls Released to CongressRead the Press Release
The Department of Justice has announced that an interagency working group convened by Attorney General William P. Barr released a report to Congress on efforts to stop the scourge of illegal robocalls affecting the American public. The report − composed pursuant to the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (the TRACED Act) that President Trump signed into law in January 2020 − details the working group’s extensive work to end the harm caused by illegal robocalls, especially fraudulent robocalls that disproportionately affect elderly Americans, including through legal action, regulatory efforts, and private industry collaboration.
“The Department of Justice and its partners are committed to halting unlawful robocalls,” said Attorney General William P. Barr. “As this report illustrates, we are working hand-in-hand with our federal and state partners to successfully halt the flow of robocalls domestically and abroad. Americans should not have to put up with annoying and abusive robocalls, and the Department will continue to work to protect the American public, and particularly American seniors, from these illegal and harassing schemes.”
The report describes enforcement actions taken by the Department of Justice, including two civil actions filed in January 2020 against U.S.-based Voice over Internet Protocol (VoIP) companies. The cases alleged that two sets of defendants engaged in wire fraud schemes by knowingly serving as “gateway carriers” for fraudulent robocalls from foreign customers targeting Americans, many of whom are elderly or otherwise vulnerable. In both cases, the federal courts issued injunctions against the defendants, prohibiting them from carrying robocalls to U.S. consumers and selling U.S. phone numbers. In the months following the department’s action in these cases, the number of robocalls that reached U.S. consumers sharply declined.
The report also describes how the Federal Trade Commission (FTC) is using all of the tools at its disposal to fight illegal calls, including filing an action jointly with the Ohio Attorney General in December 2019 against VoIP service provider Globex for providing the means to make allegedly illegal robocalls. The action resulted in a settlement that requires Globex and its U.S.-based subsidiaries to pay $1.95 million and to abide by client screening and monitoring provisions. According to the report, since the National Do Not Call Registry began accepting registrations in 2003, the FTC has brought almost 150 enforcement actions against more than 500 companies and more than 400 individuals, and the FTC has collected over $160 million in equitable monetary relief and civil penalties.
The report further describes the actions of the Federal Communications Commission (FCC) to combat illegal robocalls. The actions include enforcement of laws that prohibit spoofing activities, which occur when a caller deliberately falsifies the information transmitted to caller ID displays to disguise the caller’s identity. FCC actions also include a June 2020 Notice of Apparent Liability proposing a forfeiture of $225,000,000 against persons allegedly responsible for making, in the first quarter of 2019 alone, approximately one billion spoofed robocalls that transmitted prerecorded messages falsely claiming affiliation with a major health insurance company.
The report highlights how the onset of the COVID-19 pandemic greatly increased the importance of the working group’s collaboration as illegal calls bombarded consumers with bogus coronavirus-related claims. As a result, in March 2020, the Department of Justice, the FCC, the FTC, and other members increased joint efforts to identify and halt fraudulent robocall campaigns that exploited the health crisis.
The report notes the important role played by state attorneys general, who serve the public by tracking down illegal robocallers and violators of telemarketing laws, often based on alerts from the private telecommunications industry. The report also highlights the important role that private industry groups can play in ending unlawful practices that negatively impact the American telecommunications infrastructure.
The Department of Justice’s work to combat robocalls falls within its broader efforts to combat elder fraud schemes, including those perpetrated by transnational criminal organizations. As part of this work, the department conducts outreach around the country to educate seniors about the various types of elder fraud schemes. With this information, seniors and other members of the public are better empowered to protect themselves and their loved ones.
If you or someone you know is 60-years-old or older and has been a victim of financial fraud, whether through robocalls or other schemes, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This hotline, managed by the Department of Justice’s Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step and can help authorities identify those who commit fraud and can increase the likelihood of recovering losses. The hotline is staffed 7 days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish, and other languages are available.
Justice Department Files Enforcement Action Against Bain & Company as Part of Its Investigation into Visa Inc's Proposed Acquisition of Plaid IncRead the Press Release
Today, the Department of Justice filed a petition in the U.S. District Court for the District of Massachusetts to enforce Bain & Company’s compliance with the department’s Civil Investigative Demand (CID).
The department issued the CID to third-party Bain as part of its investigation of Visa, Inc.’s proposed acquisition of Plaid Inc. As alleged in the petition, Bain, a consulting firm, has withheld important documents demanded under the CID, asserting unsupported claims of privilege over the documents, thereby stymying the Antitrust Division’s investigation.
“American consumers rely on the Antitrust Division to investigate mergers promptly and thoroughly,” said Assistant Attorney for the Antitrust Division Makan Delrahim. “Collecting relevant third-party documents and data is essential to the division’s ability to analyze these transactions. Too often, third parties seek to flout these requirements, hoping the division will lose interest and focus its enforcement efforts elsewhere. The division’s petition against Bain is aimed at securing relevant documents and making clear that the division will hold third parties to the deadlines and specifications in the CIDs we issue. Third parties, like Bain, must comply fully and expeditiously with our civil investigative demands and provide the documents and data we need to discharge our duties and serve the American people.”
On June 11, 2020, the division issued Bain a CID requiring the company to answer interrogatories and produce documentary material, including documents that discuss Visa’s pricing strategy and competition against other debit card networks that may be important to the division’s analysis of the proposed acquisition’s effects. The petition alleges that Bain has refused to produce these documents, claiming a seemingly blanket privilege over almost all of them.
The division seeks to enforce the CID under Section 1314(a) of the Antitrust Civil Process Act. Through filing the petition, the department seeks to enforce Bain’s CID compliance to support its investigation of Visa’s proposed acquisition of Plaid for the benefit of American consumers and competition.
Bain & Company, Inc. is a global management consultancy headquartered in Boston, Massachusetts. Visa, Inc., a global payments company that operates the largest debit network in the United States, is incorporated in Delaware and headquartered in Foster City, California. Plaid Inc. is a financial services company incorporated in Delaware and headquartered in San Francisco, California.
Five Peruvians Extradited for Overseeing Call Centers That Threatened and Defrauded Spanish-Speaking U.S. ConsumersRead the Press Release
Five residents of Lima, Peru, were extradited to the United States and made their initial appearances in Miami federal court, where they stand accused of operating a large fraud and extortion scheme targeting Spanish-speaking consumers in the United States, the Department of Justice and U.S. Postal Inspection Service announced today.
“The Department of Justice’s Consumer Protection Branch will pursue and prosecute transnational criminals who defraud U.S. consumers, wherever they are,” said Acting Assistant Attorney General Jeffrey Bossert Clark. “Criminals who defraud and threaten U.S. consumers by phone will not escape justice by placing their calls from abroad. I thank the Republic of Peru for extraditing these individuals to face charges here in the United States.”
“The U.S. Postal Inspection Service (USPIS) will not allow overseas criminal enterprises to illegally enrich themselves by using the mail to defraud consumers in the United States,” said USPIS Miami Division Inspector in Charge Antonio J. Gomez. “With the continued cooperation of foreign governments, these criminals will be aggressively pursued and brought to justice.”
Henrry Milla Campuzano, 36; Fernan Huerta Haro, 33; Evelyng Milla Campuzano, 35; Jerson Renteria Gonzales, 37; and Omar Cuzcano Marroquin, 32; all of Lima, Peru, face a 55-count indictment charging them with conspiracy, mail fraud, wire fraud, and extortion. The indictment was filed in the U.S. District Court for the Southern District of Florida in June 2018 and unsealed upon the defendants’ extradition to the United States.
According to the indictment, the defendants managed and operated a series of connected Peruvian call centers that used Internet-based telephone calls to contact Spanish-speaking consumers in the United States. The call centers falsely told consumers they had won raffles for free products, including computer tablets with English-language courses. Many consumer victims expressed interest in receiving the free products. In later calls, those victims—many of whom were elderly — were told they were required to make large payments to receive the products. When victims objected, the callers misrepresented that the victims had unlawfully failed to pay for or receive delivery of products.
According to the indictment, the defendants and their employees falsely claimed to be lawyers, court officials, federal agents, and representatives of a supposed “minor crimes court.” The defendants and their employees falsely told victims that they had a contractual obligation to pay for and receive products and had caused legal problems for themselves and others by allegedly failing to do so. The indictment alleges that the callers also falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment, or immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees. According to the indictment, many victims paid because of these baseless threats, and the defendants and their co-conspirators fraudulently collected over $3 million in victim payments.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The case is being prosecuted by Trial Attorney Phil Toomajian of the Department of Justice’s Civil Division, Consumer Protection Branch. The USPIS investigated the case. The Department of Justice's Criminal Division’s Office of International Affairs, the U.S. Attorney’s Office of the Southern District of Florida, the Diplomatic Security Service, and the Peruvian National Police provided critical assistance.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In January 2020, the department designated “Preventing and Disrupting Transnational Elder Fraud” as an Agency Priority Goal, one of its top four priorities. Later, in March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep. The department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
The department’s extensive and broad-based efforts to combat elder fraud seek to halt the billions of dollars senior lose to fraud schemes, including those perpetrated by transnational criminal organizations. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 7 days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
The Honorable Douglas H. Ginsburg Receives Justice Department's 2020 John Sherman AwardRead the Press Release
Watch the ceremony.
Read Judge Ginsburg's remarks.
The Antitrust Division of the Department of Justice today presented Judge Douglas H. Ginsburg with the John Sherman Award for his lifetime contributions to the development of antitrust law and the preservation of economic liberty. The award is the Department of Justice’s highest antitrust honor. Assistant Attorney General Makan Delrahim presented the award and gave remarks celebrating Judge Ginsburg’s contributions during a ceremony displayed virtually and conducted at the Robert F. Kennedy Department of Justice Building. Judge Ginsburg also delivered remarks in accepting the award.
“I can think of no more deserving recipient for the Sherman Award than Judge Ginsburg,” said Assistant Attorney General Delrahim. “His career in public service and his scholarship have shaped the way that antitrust law is understood and practiced. We all are the beneficiaries of Judge Ginsburg’s brilliance, hard work, and dedication to public service.”
Created in 1994, the John Sherman Award is presented by the Justice Department's Antitrust Division to a person or persons for outstanding contributions to the field of antitrust law, the protection of American consumers, and the preservation of economic liberty.
Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office for Victims of Crime Director Jessica E. Hart Recognize Domestic Violence Month at a Law Enforcement and Domestic Violence RoundtableRead the Press Release
Yesterday, Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office for Victims of Crime (OVC) Director Jessica E. Hart spoke to federal, state and local law enforcement leaders during a roundtable discussion focused on domestic violence. PDAAG Sullivan and Director Hart joined U.S. Attorney for the Western District of Pennsylvania Scott W. Brady for the discussion, which was followed by a roundtable with leadership from the Women’s Center and Shelter of Greater Pittsburgh. October is National Domestic Violence Awareness Month.
PDAAG Sullivan and Director Hart highlighted the incidence of domestic violence, the threats posed by domestic abusers to their partners and to law enforcement, and Department of Justice resources available to support victims. According to the Bureau of Justice Statistics’ National Crime Victimization Survey, Americans experienced more than 1.2 million domestic violence victimizations in 2019. Data from other sources suggest that lockdowns and stay-at-home orders have precipitated a rise in domestic violence hotline calls and more calls for service to police for domestic violence incidents.
PDAAG Sullivan emphasized the dangers these calls represent for law enforcement. “Officers who respond to domestic violence very often find themselves under attack, and some have lost their lives responding to these calls.” She added, “In providing the safety, protection and support victims need, we realize you are putting your own lives at risk.”
Both described substantial investments made by the Department of Justice to address domestic violence. OVC recently awarded $1.8 billion to states to support victim compensation programs and thousands of local victim assistance programs. Victim assistance programs funded by OVC served more than seven million victims in 2019. Last week, OVC awarded a $1.5 million grant to the National Domestic Violent Hotline to expand its digital services and technology-based tools to assist victims.
At a press event held prior to the roundtable, PDAAG Sullivan and Director Hart announced $4 million in OVC funding to support the establishment or expansion of Sexual Assault Nurse Examiner, or SANE, programs on college and university campuses.
New Jersey Man Indicted for Promoting Tax Fraud SchemeRead the Press Release
A Pemberton, New Jersey, man appeared in court yesterday on a federal grand jury indictment charging him with conspiring to defraud the United States, assisting in the filing of false tax returns, obstructing the internal revenue laws, and failing to file a tax return, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. The Sept. 2, 2020 indictment was unsealed following the court appearance.
According to the indictment, John W. Barry, Jr., conspired with individuals in Georgia, North Carolina, Virginia, and New York to promote a “mortgage recovery” tax fraud scheme in which they obtained for their clients tax refunds from the IRS based on fraudulent tax returns. Barry and his coconspirators allegedly represented to clients that they could extinguish their outstanding mortgage debts by filing forms with the IRS and then caused clients to file forms and tax returns that fraudulently claimed that a substantial amount of taxes had already been withheld from them. These false withholding claims allegedly caused the IRS to issue more than $3 million in refunds to clients. According to the indictment, Barry typically charged each client a fee of between 20 and 35 percent of the refund the client obtained, and then split those fees with his coconspirators. The indictment also charges that Barry did not file his own 2016 return, and thus did not report or pay any taxes on any income generated from his scheme.
The indictment further alleges that when the IRS discovered the fraud and attempted to recover the wrongfully paid refunds, Barry took steps to obstruct the agency by: providing clients with fraudulent documents to send to the IRS, directing clients to conceal from the IRS his role in filing their false returns, and advising a client to remove funds from his bank account in order to thwart IRS collection efforts.
If convicted, Barry faces a maximum sentence of five years in prison for conspiracy, three years in prison for each false tax return count, three years in prison for obstructing the internal revenue laws, and one year in prison for failing to file a tax return. He also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant Chief John Kane and Trial Attorney Sean Green of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Justice Department Requires Waste Management to Divest Assets in Order to Proceed with Advanced Disposal Services AcquisitionRead the Press Release
The Department of Justice announced today that Waste Management, Inc. (WMI) will be required to divest 15 landfills, 37 transfer stations, 29 hauling locations, over 200 waste collection routes, and other assets in order to proceed with its $4.6 billion acquisition of Advanced Disposal Services, Inc. (ADS). The department said that without the divestiture, the proposed acquisition would substantially lessen competition for small container commercial waste collection or municipal solid waste disposal services in over 50 local markets.
The department’s Antitrust Division — along with five state Attorneys General — filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the complaint. The participating state Attorneys General offices represent Florida, Illinois, Minnesota, Pennsylvania, and Wisconsin.
“Without divestitures, this merger would have harmed competition for essential waste collection and disposal services throughout the country,” said Assistant Attorney General Makan Delrahim. “By requiring WMI and ADS to divest numerous facilities and assets in ten states, will ensure that businesses, municipalities, and towns continue to benefit from competition for these critical services.”
According to the complaint, WMI and ADS both supply small container commercial waste collection and municipal solid waste disposal services. In each of the local markets alleged in the complaint, WMI and ADS compete vigorously against each other and are either the only two or two of only a few significant providers of one or both of these essential services. The combination of the two companies would eliminate head-to-head competition between them and threaten the lower prices and better service that customers have realized from that competition.
Under the terms of the proposed settlement, WMI and ADS must divest assets covering over 50 local markets including landfills, transfer stations, hauling locations, and waste collection routes to GFL Environmental Inc., or to an alternate acquirer approved by the United States. GFL, based in Ontario, Canada, is a provider of small container commercial waste collection and MSW disposal in local markets in Canada and the Unites States.
WMI, a Delaware corporation, headquartered in Houston, Texas, had total revenues of over $15 billion in 2019.
ADS, a Delaware corporation headquartered in Jacksonville, Florida, had total revenues of over $1.6 billion in 2019.
As required by the Tunney Act, the proposed consent decree, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Katrina Rouse, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon a finding that it serves the public interest.
Justice Department Requires Divestiture in Order for Liberty Latin America to Acquire AT&T's Telecommunications Operations in Puerto Rico and the U.S. Virgin IslandsRead the Press Release
The Department of Justice announced today that it is requiring Liberty Latin America Ltd. (Liberty), its subsidiary, Liberty Communications of Puerto Rico LLC (LCPR), and AT&T Inc. (AT&T) to divest certain fiber-based telecommunications assets and customer accounts in Puerto Rico, in order for Liberty to proceed with its proposed acquisition of AT&T’s wireline and wireless telecommunications operations in Puerto Rico and the U.S. Virgin Islands. The department has approved WorldNet Telecommunications, Inc. (WorldNet) as the acquirer.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed merger. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the department’s complaint.
“The merger, as originally structured, would have eliminated competition for critical fiber-optic-based telecommunications services that businesses in Puerto Rico rely on every day,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s settlement will ensure that businesses throughout Puerto Rico continue to benefit from vigorous competition in the provision of these services.”
According to the department’s complaint, Liberty and AT&T are two of the three largest wireline telecommunications providers in Puerto Rico and own two of the three most extensive fiber-based network infrastructures on the island. Liberty and AT&T each use their extensive network infrastructures to provide fiber-based connectivity and telecommunications services to enterprise customers, including businesses of all sizes as well as institutions, such as universities, hospitals, and government agencies. The complaint alleges that competition between Liberty and AT&T has resulted in lower prices and higher-quality services for these customers. According to the complaint, the combination of Liberty and AT&T would leave many customers with only one alternative and others with no competitive choice at all, likely resulting in increased prices and lower-quality services for enterprise customers across Puerto Rico.
Under the terms of the proposed settlement, Liberty, LCPR, and AT&T must divest certain wireline telecommunications assets and customer accounts in Puerto Rico to WorldNet or to an alternative purchaser approved by the United States. Specifically, the settlement requires the sale of (a) the fiber-based Columbus network in the metropolitan San Juan area that Liberty acquired as part of its purchase of Cable & Wireless Communications in 2016; (b) additional fiber assets, including fiber facilities and indefeasible rights of use, on Liberty’s network across the rest of the island; (c) retail fiber-based enterprise customer accounts served by Liberty today, with limited exceptions; (d) the right to pull fiber through Liberty’s conduit and attach fiber to Liberty’s telephone poles; and (e) an option to purchase segments of AT&T’s aerial fiber-based core network. The divestiture will place WorldNet in the position to become a strong competitor in the provision of fiber-based connectivity and telecommunications services to enterprise customers throughout Puerto Rico.
Liberty, a Bermuda corporation with its headquarters in Hamilton, Bermuda, and executive offices in Denver, Colorado, is a leading telecommunications operator in Latin America and the Caribbean. Liberty provides video services, internet access, and home telephony services to more than 6 million subscribers and mobile wireless services to approximately 3.6 million subscribers across this region. Liberty generated approximately $3.9 billion in revenues in 2019.
LCPR, a Puerto Rico limited liability company with its headquarters in San Juan, Puerto Rico, is an indirect wholly owned subsidiary of Liberty. LCPR is the largest cable company and a leading provider of fiber-based connectivity and telecommunications services in Puerto Rico. LCPR operates more than 3,000 route miles of fiber-optic infrastructure in Puerto Rico and uses this infrastructure to provide fiber-based connectivity and telecommunications services to enterprise customers located throughout the island.
AT&T, a Delaware corporation headquartered in Dallas, Texas, is a leading provider of telecommunications, media, and technology services globally and one of the largest providers of telecommunications services to enterprise customers in the United States. In Puerto Rico, AT&T provides fiber-based connectivity and telecommunications services to enterprise customers over fiber-optic infrastructure that spans over 3,500 route miles. AT&T generated approximately $180 billion in revenues in 2019.
WorldNet, a Puerto Rico corporation with its headquarters in Guaynabo, Puerto Rico, is the largest locally owned telecommunications provider in Puerto Rico. WorldNet provides a range of telecommunications services to enterprise and residential customers on the island.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Scott Scheele, Chief, Telecommunications and Broadband Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 7000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.