District Not Recorded

A federal grand jury sitting in the Eastern District of North Carolina returned an indictment on Oct. 14 charging a North Carolina Department of Public Safety official with a bribery and smuggling scheme that funneled drugs and other contraband into Caledonia Correctional Institution.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and Special Agent in Charge Robert R. Wells of the FBI’s Charlotte Field Office made the announcement. 

Ollie Rose III, 61, of Pleasant Hill, North Carolina, was charged with one count of conspiring to use a facility in interstate commerce in furtherance of unlawful activity, five counts of extortion under color of official right, one count of attempted possession with intent to distribute a controlled substance, and four counts of possession with intent to distribute a controlled substance.  He made his initial appearance today before U.S. Magistrate Judge Kimberly A. Swank.

According to the indictment, Rose, a case manager at Caledonia Correctional Institution, used his position as a public official to smuggle contraband, including marijuana, tobacco, and synthetic cannabinoids, into the prison for inmates.  The indictment alleges that in exchange for smuggling illegal drugs and other contraband, Rose received payments ranging from $500 to $1,200 in cash or via a mobile application.  Rose is alleged to have engaged in the smuggling scheme from at least November 2018 through October 2020.

An indictment is not a finding of guilt.  It merely alleges that crimes have been committed.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

The case was investigated by the FBI and the North Carolina Department of Public Safety.  The case is being prosecuted by Trial Attorneys Rebecca M. Schuman and Lauren E. Britsch of the Criminal Division’s Public Integrity Section. 

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.

A resident of Newburgh, New York, pleaded guilty today to conspiracy to defraud the United States, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

According to the indictment, Jose Andreu filed false tax returns with the assistance of a return preparer. From 2011 through 2019, Andreu and others prepared and filed false returns through two tax preparation firms that reported significant tax withholdings based on fictitious Forms 1099-OID, in an effort to fraudulently obtain refunds from the IRS. The Forms 1099-OID falsely reported that financial institutions, creditors, and other entities had withheld federal income tax, when in reality no such taxes had been withheld. Andreu also filed false returns for himself and others, claiming more than $2,125,872 in refunds from the IRS.

U.S. District Judge Eric R. Komitee scheduled sentencing for Feb. 24, 2021. Andreu faces up to five years in prison, as well as monetary penalties. As part of his plea agreement, Andreu has agreed to pay restitution to the IRS.

Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS-Criminal Investigation and Treasury Inspector General for Tax Administration, who conducted the investigation, and Trial Attorneys Ann Marie Cherry and Mark Kotila 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.

Note: Click for Attorney General Barr's statement and Deputy Attorney General Rosen's remarks. 

Today, the Department of Justice — along with eleven state Attorneys General — filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to stop Google from unlawfully maintaining monopolies through anticompetitive and exclusionary practices in the search and search advertising markets and to remedy the competitive harms. The participating state Attorneys General offices represent Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Texas.

“Today, millions of Americans rely on the Internet and online platforms for their daily lives.  Competition in this industry is vitally important, which is why today’s challenge against Google — the gatekeeper of the Internet — for violating antitrust laws is a monumental case both for the Department of Justice and for the American people,” said Attorney General William Barr. “Since my confirmation, I have prioritized the Department’s review of online market-leading platforms to ensure that our technology industries remain competitive.  This lawsuit strikes at the heart of Google’s grip over the internet for millions of American consumers, advertisers, small businesses and entrepreneurs beholden to an unlawful monopolist.”

 “As with its historic antitrust actions against AT&T in 1974 and Microsoft in 1998, the Department is again enforcing the Sherman Act to restore the role of competition and open the door to the next wave of innovation—this time in vital digital markets,” said Deputy Attorney General Jeffrey A. Rosen.

As one of the wealthiest companies on the planet with a market value of $1 trillion, Google is the monopoly gatekeeper to the internet for billions of users and countless advertisers worldwide. For years, Google has accounted for almost 90 percent of all search queries in the United States and has used anticompetitive tactics to maintain and extend its monopolies in search and search advertising.  

As alleged in the Complaint, Google has entered into a series of exclusionary agreements that collectively lock up the primary avenues through which users access search engines, and thus the internet, by requiring that Google be set as the preset default general search engine on billions of mobile devices and computers worldwide and, in many cases, prohibiting preinstallation of a competitor. In particular, the Complaint alleges that Google has unlawfully maintained monopolies in search and search advertising by:

• Entering into exclusivity agreements that forbid preinstallation of any competing search service.
• Entering into tying and other arrangements that force preinstallation of its search applications in prime locations on mobile devices and make them undeletable, regardless of consumer preference.
• Entering into long-term agreements with Apple that require Google to be the default – and de facto exclusive – general search engine on Apple’s popular Safari browser and other Apple search tools.
• Generally using monopoly profits to buy preferential treatment for its search engine on devices, web browsers, and other search access points, creating a continuous and self-reinforcing cycle of monopolization.

These and other anticompetitive practices harm competition and consumers, reducing the ability of innovative new companies to develop, compete, and discipline Google’s behavior. 

The antitrust laws protect our free market economy and forbid monopolists from engaging in anticompetitive practices. They also empower the Department of Justice to bring cases like this one to remedy violations and restore competition, as it has done for over a century in notable cases involving monopolists over other critical industries undergirding the American economy like Standard Oil and the AT&T telephone monopoly. Decades ago the Department’s case against Microsoft recognized that the antitrust laws forbid anticompetitive agreements by high-technology monopolists to require preinstalled default status, to shut off distribution channels to rivals, and to make software undeletable. The Complaint alleges that Google is using similar agreements itself to maintain and extend its own dominance. 

The Complaint alleges that Google’s anticompetitive practices have had harmful effects on competition and consumers. Google has foreclosed any meaningful search competitor from gaining vital distribution and scale, eliminating competition for a majority of search queries in the United States. By restricting competition in search, Google’s conduct has harmed consumers by reducing the quality of search (including on dimensions such as privacy, data protection, and use of consumer data), lessening choice in search, and impeding innovation. By suppressing competition in advertising, Google has the power to charge advertisers more than it could in a competitive market and to reduce the quality of the services it provides them. Through filing the lawsuit, the Department seeks to stop Google’s anticompetitive conduct and restore competition for American consumers, advertisers, and all companies now reliant on the internet economy.

Google is a limited liability company organized and existing under the laws of the State of Delaware, and is headquartered in Mountain View, California. Google is owned by Alphabet Inc., a publicly traded company incorporated and existing under the laws of the State of Delaware and headquartered in Mountain View, California.

Yesterday, the Department of Justice issued its Annual Report to Congress on Department of Justice Activities to Combat Elder Fraud and Abuse.  The report summarizes the department’s extensive efforts from July 1, 2019 through June 30, 2020.

“The Department of Justice’s unwavering commitment to protecting our nation’s seniors from fraud and abuse is clearly illustrated in this year’s report to Congress,” said Attorney General William P. Barr.  “I appreciate the men and women of the department, our federal, state, local, and tribal law enforcement partners, and those in the private sector who support our mission.  Their hard work and dedication is to credit for our mutual and ongoing efforts to end elder fraud and abuse.”

This year’s report details the department’s incredible successes, despite the challenges presented by the Coronavirus pandemic.  The report notes that while the pandemic presented numerous barriers to investigating and advancing cases, the department nonetheless charged almost 300 cases involving a wide variety of fraud targeting or affecting the elderly.  Examples of these cases include government imposter scams, computer tech scams, romance scams, investment scams and lottery scams, among others.  The report also describes the department’s extraordinary efforts to end transnational criminal organizations from committing fraud on seniors, including by obtaining court orders to prevent robocalls from overseas organizations and by prioritizing the annual Money Mule Initiative to disrupt the flow of fraud proceeds to perpetrators, particularly those who are overseas.

The report additionally describes the department’s significant outreach efforts — including over 575 events around the country, reaching over 165,500 participants, including seniors and other community members, financial and business partners, and state, local, and tribal governments and law enforcement partners.  The report also details the department’s many grants to our partners around the country.

The report features the department’s Elder Fraud Sweep — the largest coordinated sweep of elder fraud cases in history, with over 400 defendants charged for causing more than $1 billion in losses — and the launch of the National Elder Fraud Hotline, 1-833-FRAUD-11 (1-833-372-8311).  The hotline, managed by the department’s Office for Victims of Crime, is staffed by trained caseworkers, and to date has received thousands of calls, providing help to seniors and generating leads for further investigation.  The department’s National Nursing Home Initiative is also highlighted in the report — launched earlier this year, the Nursing Home Initiative is designed to coordinate and enhance civil and criminal efforts to investigate and prosecute nursing homes that provide grossly substandard care to their residents.

In addition to these historic achievements, the department urges Congress to enact legislation that would strengthen our response to fraud and other crimes that have increased during the COVID-19 pandemic, and have disproportionately impacted seniors.

For more information on the Department of Justice’s work on Elder Justice, please visit https://www.justice.gov/elderjustice.

The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) awarded more than $536.7 million in Fiscal Year 2020 to increase law enforcement hiring and to improve school safety, combat opioids and methamphetamine, advance community policing efforts, provide training to the law enforcement field, and protect the health of our nation’s officers and deputies.

“Building on the successes in reducing violent crime in 2017, 2018, and 2019, these Department of Justice grants for 2020 help to fight violent crime and deadly narcotics, to improve public safety, and to support the officers who put their lives on the line every day to keep us safe,” said Deputy Attorney General Jeffrey A. Rosen.  “Strong partnerships of federal, state, and local law enforcement can produce better results for the public we all serve.”

“Supporting the men and women of law enforcement as they serve their communities is of paramount importance to the COPS Office,” said COPS Office Director Phil Keith.  “Now more than ever, it is critical that we continue to provide state, local and tribal agencies the resources they desperately need to continue to advance public safety, which they are so committed to doing.  We are all the beneficiaries of that work.”

Funds awarded by the COPS Office in FY2020 include:

COPS Hiring Program (CHP):  Nearly $400 million in CHP grant funding was awarded to 605 law enforcement agencies across the nation, which will allow those agencies to hire 2,761 additional full-time law enforcement professionals.  CHP provides funding for the hiring and rehiring of entry-level career law enforcement officers in an effort to create and preserve jobs and increase community policing capacity and crime prevention efforts.

School Violence Prevention Program (SVPP):  Through SVPP, nearly $49 million was awarded to 160 states, units of local government, Indian tribes, and public agencies to be used to improve security at schools and on school grounds.  Awards included funding for coordination with local law enforcement; training for local law enforcement officers to prevent school violence against others and self; placement and use of metal detectors, locks, lighting, and other deterrent measures; acquisition and installation of technology for expedited notification of local law enforcement during an emergency; and other measures providing significant improvements in security.

Community Policing Development (CPD):  Through CPD, 24 awards were announced totaling nearly $8 million in funding to advance the practice of community policing in law enforcement.  CPD funds are used to develop the capacity of law enforcement to implement community policing by providing guidance on promising practices through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting new, creative approaches to preventing crime and promoting safe communities.

Community Policing Development Microgrants Program:  Through CPD Microgrants, nearly $2.2 million was awarded to 29 local, state, and tribal law enforcement agencies to implement demonstration or pilot projects in their jurisdictions offering creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing.

COPS Anti-Methamphetamine Program (CAMP):  Through CAMP, approximately $12 million in grant funding was awarded to 12 state law enforcement agencies that have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures.  This funding will support the location or investigation of illicit activities related to the manufacture and distribution of methamphetamine, including precursor diversion, laboratories, or methamphetamine traffickers.

Anti-Heroin Task Force (AHTF) Program:  More than $29.7 million in AHTF grant funding was awarded to 14 state law enforcement agencies with multijurisdictional reach and interdisciplinary team (e.g., task force) structures in states with high per capita rates of primary treatment admissions for heroin, fentanyl, carfentanil, and other opioids.  This funding will support the location or investigation of illicit activities through statewide collaboration related to the distribution of heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids.

Law Enforcement Mental Health and Wellness Act (LEMHWA):  Through LEMHWA, 41 awards were announced totaling $4.5 million to improve the delivery of and access to mental health and wellness services for law enforcement through training and technical assistance, demonstration projects, implementation of promising practices related to peer mentoring mental health and wellness, and suicide prevention programs.

Preparing for Active Shooter Situations (PASS):  Approximately $8.8 million in PASS funding was awarded to Texas State University / ALERRT to offer integrated, scenario-based response courses and cross-disciplinary active shooter training to law enforcement and other first responders nationally.

Coordinated Tribal Assistance Solicitation (CTAS):  CTAS provides resources for federally recognized tribes from the COPS Office, the Office of Justice Programs, and the Office on Violence Against Women.  Through CTAS, the COPS Office made 64 Tribal Resources Grant Program awards for tribal officer hiring, equipment, and/or training to 41 tribes, with funding totaling approximately $22.5 million.

Tribal Resources Grant Program - Technical Assistance (TRGP-TA):  Through TRGP-TA, the COPS Office provided $800,000 to fund projects related to the topics of (1) cold cases and missing or murdered indigenous persons and (2) developing an Alaskan law enforcement recruitment strategy.

Full lists of all announced COPS Office awards are available here.

WASHINGTON – San Diego Christian College (SDCC), based in Santee, California, will pay $225,000 to resolve allegations under the False Claims Act for submitting false claims to the U.S. Department of Education in violation of the federal ban on incentive-based compensation, the Justice Department announced today.    

Title IV of the Higher Education Act (HEA) prohibits any institution of higher education that receives federal student aid from compensating student recruiters with a commission, bonus, or other incentive payment based on the recruiters’ success in securing student enrollment.  The incentive compensation ban protects students against admissions and recruitment practices that serve the financial interests of the recruiter rather than the educational needs of the student.

“Higher education enrollment decisions should put students first,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division.  “Offering recruiters financial incentives to enroll students undermines students’ ability to make educational decisions in their own best interests.”

“Colleges should be places for students to learn and grow, not places to be taken advantage of by recruiters watching out for the own financial interests,” said U.S. Attorney Peter M. McCoy, Jr. for the District of South Carolina.  “This office will continue its efforts to protect students against illegal recruiting practices.”

“Today’s settlement is a result of the hard work and effort of the Office of Inspector General and the Department of Justice to protect and maintain the integrity of the Federal student aid programs,” said Neil Sanchez, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Southern Regional Office.  “We will continue to work together to ensure that Federal student aid funds are used as required by law. America’s taxpayers and students deserve nothing less.”

The settlement, which was based on SDCC’s ability to pay, resolves allegations that between 2014 and 2016, SDCC hired Joined, Inc., a California-based student recruiting company, to recruit students to SDCC.  The United States contended that SDCC compensated Joined with a share of the tuition that SDCC received from the enrollment of recruited students, in violation of the prohibition on incentive compensation. 

The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Maurice Shoe, the co-owner of Joined.  The Act permits private parties to sue on behalf of the government for false claims and to receive a share of any recovery.  As part of today’s resolution, the whistleblower will receive $33,750.

This matter was investigated by the U.S. Attorney’s Office for the District of South Carolina and the Civil Division’s Commercial Litigation Branch.  Investigative assistance was provided by the Office of Inspector General of the Department of Education.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.  The case is captioned United States ex rel. Shoe v. San Diego Christian College, No. 6:16-cv-01570 (D.S.C.).

            United States Attorney SHAWN N. ANDERSON announces the assignment of Assistant United States Attorneys (AUSA) to lead the efforts of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election.  AUSA Marivic P. David will serve as the District Election Officer (DEO) for the District of Guam.  AUSA Eric S. O’Malley will serve as the DEO for the District of the Northern Mariana Islands.  These AUSAs are responsible for overseeing the Districts’ handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.

 

            United States Attorney Anderson said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will always act appropriately to protect the integrity of the election process.”

 

            The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.

 

            Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

 

            The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Anderson stated that the AUSAs/DEOs will be on duty while the polls are open, including periods of early voting.  Ms. David can be reached by the public at (671) 479-4120 or (671) 988-3260.  Mr. O’Malley can be contacted at (670) 236-2986.

 

            In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public by calling (671) 645-1805 or (670) 322-6934.

 

            Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

 

            Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

 

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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’s Office of Justice Programs today announced it has awarded funding totaling over $54 million to provide services that protect officers and improve overall public safety. OJP’s Bureau of Justice Assistance awarded grants to law enforcement departments, local jurisdictions, and training and technical assistance organizations throughout the United States.

The FBI’s official crime data for 2019, the most recent available, reflects a decrease in the number of law enforcement officers killed feloniously between 2018 and 2019, from 43 to 32 killed as of September 30, 2019. The number of law enforcement officers reported accidentally killed in 2019 decreased slightly from 33 to 29 in the same reporting period. Additionally, officers experienced nearly 59,000 assaults in 2018.

 “The Office of Justice Programs stands proudly with the Attorney General and the President in our commitment to the health and safety of 700,000 sworn law enforcement professionals who selflessly place their lives in jeopardy to keep us all safe,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Bulletproof vests, body-worn cameras, professional training on wellness and safety—these resources, equipment and strategies will help officers do their jobs effectively, keep them safe from harm and protect their health.”

More than $19 million will support the training and implementation of law enforcement agencies’ body-worn camera programs. Almost $24 million will reimburse jurisdictions for up to 50 percent of the cost of body armor vests, while more than $11 million will support law enforcement safety and wellness programs, research and services.

A full list of the awards, organized under specific grant programs and listing awardees by state, is available here.

Additional information about Fiscal Year 2020 grant awards made by the Office of Justice Programs can be found online at the OJP Awards Data webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, 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.

Attorney General William P. Barr today directed the Federal Bureau of Prisons to schedule the executions of two federal death-row inmates, both of whom were convicted of especially heinous murders at least 13 years ago.

• Lisa Montgomery fatally strangled a pregnant woman, Bobbie Jo Stinnett, cut open her body, and kidnapped her baby. In December 2004, as part of a premeditated murder-kidnap scheme, Montgomery drove from her home in Kansas to Stinnett’s home in Missouri, purportedly to purchase a puppy.  Once inside the residence, Montgomery attacked and strangled Stinnett—who was eight months pregnant—until the victim lost consciousness.  Using a kitchen knife, Montgomery then cut into Stinnett’s abdomen, causing her to regain consciousness.  A struggle ensued, and Montgomery strangled Stinnett to death.  Montgomery then removed the baby from Stinnett’s body, took the baby with her, and attempted to pass it off as her own.  Montgomery subsequently confessed to murdering Stinnett and abducting her child.  In October 2007, a jury in the U.S. District Court for the Western District of Missouri found Montgomery guilty of federal kidnapping resulting in death, and unanimously recommended a death sentence, which the court imposed.  Her conviction and sentence were affirmed on appeal, and her request for collateral relief was rejected by every court that considered it.  Montgomery is scheduled to be executed by lethal injection on December 8, 2020, at U.S. Penitentiary Terre Haute, Indiana. 
• Brandon Bernard and his accomplices brutally murdered two youth ministers, Todd and Stacie Bagley, on a military reservation in 1999. After Todd Bagley agreed to give a ride to several of Bernard’s accomplices, they pointed a gun at him, forced him and Stacie into the trunk of their car, and drove the couple around for hours while attempting to steal their money and pawn Stacie’s wedding ring.  While locked in the trunk, the couple spoke with their abductors about God and pleaded for their lives.  The abductors eventually parked on the Fort Hood military reservation, where Bernard and another accomplice doused the car with lighter fluid as the couple, still locked in the trunk, sang and prayed.  After Stacie said, “Jesus loves you,” and “Jesus, take care of us,” one of the accomplices shot both Todd and Stacie in the head—killing Todd and knocking Stacie unconscious.  Bernard then lit the car on fire, killing Stacie through smoke inhalation.  In June 2000, a jury in the U.S. District Court for the Western District of Texas found Bernard guilty of, among other offenses, two counts of murder within the special maritime and territorial jurisdiction of the United States, and unanimously recommended a death sentence.  His conviction and sentence were affirmed on appeal, and his request for collateral relief was rejected by every court that considered it.  Bernard is scheduled to be executed by lethal injection on December 10, 2020, at U.S. Penitentiary Terre Haute, Indiana.  One of his accomplices, Christopher Vialva, was executed for his role in the Bagleys’ murder on September 22, 2020.

Today, the Department of Justice and the Department of Homeland Security released the Alien Incarceration Report for Fiscal Year 2019.  The data shows that 94 percent of confirmed aliens incarcerated in Federal Bureau of Prisons (BOP) and United States Marshals Service (USMS) facilities were unlawfully present in the United States.  Additionally, the report found that nearly 70 percent of known or suspected aliens in BOP custody had been convicted of a non-immigration-related offense, and 39 percent of known or suspected aliens in USMS custody had committed a non-immigration-related offense.

In January 2017, President Trump issued an Executive Order on Enhancing Public Safety in the Interior of the United States, directing “the Secretary [of Homeland Security] and the Attorney General … to collect relevant data and provide quarterly reports on the following: (a) the immigration status of all aliens incarcerated under the supervision of the Federal Bureau of Prisons; (b) the immigration status of all aliens incarcerated as Federal pretrial detainees under the supervision of the United States Marshals Service; and (c) the immigration status of all convicted aliens incarcerated in State prisons and local detention centers throughout the United States.”

At the end of FY 2019, a total of 51,074 known or suspected aliens were in Department of Justice custody, with 27,494 known or suspected aliens in BOP facilities and 23,580 known or suspected aliens in USMS facilities.  Of those 51,074 known or suspected aliens, 27,266 individuals (53.4 percent) had been confirmed by U.S. Immigration and Customs Enforcement (ICE) to be aliens who had orders of removal or who had agreed to depart voluntarily.  18,308 individuals (35.8 percent) were still under investigation by ICE to determine alienage, 3,691 individuals (7.2 percent) were illegal aliens who were under adjudication, and 936 individuals (1.8 percent) were legal aliens who were under adjudication.  873 individuals (1.7 percent) were aliens who had been granted relief or protection from removal.

By the end of FY 2019, the USMS had directly expended $162 million to house the 23,580 known or suspected aliens remanded to their custody in state, local, and private facilities.  The average cost to house noncitizens in these facilities is $88.19 per prisoner, per day.

Information Regarding Immigration Status of Aliens Incarcerated Under the Supervision of the Federal Bureau of Prisons

At the end of FY 2019, a total of 27,494 known or suspected aliens were in BOP custody.  Of those individuals, approximately 72 percent had been confirmed to be illegal aliens.

• 16,970 individuals (61.7 percent) were unauthorized aliens and had orders of removal;
• 2,797 individuals (10.2 percent) were unlawfully present and in removal proceedings;
• 6,120 individuals (22.3 percent) were under investigation to determine alienage;
• 830 individuals (3 percent) were lawfully present and in removal proceedings; and
• 777 individuals (2.8 percent) were granted relief or protection from removal.

Of the 27,494 known or suspected aliens in BOP custody, 27,125 had been convicted of an offense (369 inmates were in pretrial status).  Of those 27,125 individuals:

• 13,727 individuals (51 percent) had committed drug offenses;
• 8,403 individuals (approximately 31 percent) had committed immigration offenses;
• 1,380 individuals (5.1 percent) had committed fraud;
• 1,086 individuals (4 percent) had committed weapons offenses;
• 1,007 individuals (3.7 percent) had committed racketeering and continuing criminal enterprise offenses (including murder for hire);
• 553 individuals (2 percent) had committed sex offenses; and
• 969 individuals (3.6 percent) had committed offenses including kidnapping, murder, larceny, terrorism, escape, bribery and extortion, and rape.

Information Regarding the Immigration Status of Aliens Incarcerated as Federal Pretrial Detainees

At the end of FY 2019, a total of 63,725 individuals were in USMS custody.  Of those 63,725 individuals, 23,580 individuals (37 percent) were known or suspected aliens.  Of those 23,580 individuals:

• 10,296 individuals (43.7 percent) were unauthorized aliens and had orders of removal;
• 894 individuals (3.8 percent) were unlawfully present and in removal proceedings;
• 12,188 individuals (51.7 percent) were under investigation to determine alienage;
• 106 individuals (0.4 percent) were lawfully present and in removal proceedings; and
• 96 individuals (0.4 percent) were granted relief or protection from removal.

Of the 23,580 known or suspected aliens in USMS custody, 22,359 were being held for reasons other than being material witnesses.  Of those 22,359 individuals:

• 13,662 individuals (61 percent) had committed immigration offenses;
• 4,833 individuals (21.6 percent) had committed drug offenses;
• 1,205 individuals (5.4 percent) had violated conditions of supervision;
• 1,037 individuals (4.6 percent) had committed property offenses;
• 457 individuals (2 percent) had committed violent offenses;
• 422 individuals (1.9 percent) had committed weapons offenses; and
• 743 individuals (3.3 percent) were in USMS custody due to a writ, hold, or transfer, or an unlisted offense.

Immigration Status of All Convicted Aliens Incarcerated in State Prisons and Local Detention Centers Throughout the United States

The departments continue to progress towards establishing data collection of the immigration status of convicted aliens incarcerated in state prisons and local detention centers through the Department of Justice’s Office of Justice Programs, Bureau of Justice Statistics (BJS) and the Department of Homeland Security’s Office of Immigration Statistics.

BJS annually collects aggregate numbers of noncitizens in state and federal prisons through the National Prisoner Statistics (NPS) program.  The most recent counts, released in April 2019, were from December 31, 2017.  According to Prisoners in 2017, data from 45 states shows that an estimated 69,300 non-U.S. citizens were held in public and private state prison facilities at year-end 2017.

The Department of Justice today announced grant awards totaling more than $341 million to help fight America’s addiction crisis. Office of Justice Programs (OJP) Principal Deputy Assistant Attorney General Katharine T. Sullivan discussed this year's grant awards during a roundtable discussion of mental health and addiction issues led by Second Lady Karen Pence.

“The addiction crisis has taken an enormous toll on America’s families and communities, eroding public health, threatening public safety and claiming tens of thousands of lives year after year,” said Attorney General William P. Barr. “Through comprehensive measures taken by this administration, we have been able to curtail the opioid epidemic, but new and powerful drugs are presenting exceptional challenges that we must be prepared to meet. The Justice Department’s substantial investments in enforcement, response, and treatment will help us overcome these challenges and work towards freeing Americans from abuse and addiction.”

“If we hope to defeat an enemy as powerful, persistent and adaptable as illicit drugs, we must be at least as determined and versatile, focusing our ingenuity and resources on curbing abuse and fighting addiction,” said OJP's Principal Deputy Assistant Attorney Katharine T. Sullivan. “It was a privilege to join the Second Lady in announcing these investments, which will enable criminal justice officials and substance abuse, mental health and other medical professionals to pool their assets and bring the full weight of our public safety and treatment systems down on this epidemic that has already caused so much harm.”

Illegal drugs and illicit drug use have claimed the lives of nearly 400,000 Americans since the turn of the century. Powerful synthetic opioids like fentanyl are exacting an enormous toll on families and communities, and an emergence in the use of methamphetamines and other psychostimulants is drawing drug traffickers and driving up overdose rates. Three years ago, President Trump declared a Public Health Emergency and initiated a whole-of-government approach dedicated to ending this national tragedy. The Department of Justice has invested unprecedented levels of funding in combating the addiction crisis. The awards announced today build on those earlier investments.

Funding is made available through the Bureau of Justice Assistance (BJA), the National Institute of Justice (NIJ), the Office for Victims of Crime (OVC), and the Office of Juvenile Justice and Delinquency Prevention (OJJDP), components of OJP.

• More than $147 million under BJA’s Comprehensive Opioid, Stimulant and Substance Abuse Site-based Program will help prosecutors develop strategies to address violent crime caused by illegal opioid distribution and abuse.
• More than $57 million will fund BJA’s Adult Drug Court and Veterans Treatment Court Discretionary Grant Program, which helps states, state courts, local courts and federally recognized tribal governments implement and enhance the operations of adult drug courts and veteran treatment courts. BJA also awarded more than $12 million for related training and technical assistance.
• BJA awarded more than $28 million to fund the Harold Rogers Prescription Drug Monitoring Program, which enhances the capacity of regulatory and law enforcement agencies and public health officials to collect and analyze controlled substance prescription data and other scheduled chemical products through a centralized database administered by an authorized agency.
• BJA awarded $28 million to support the Residential Substance Abuse Treatment for State Prisoners Program, which helps states develop and implement residential substance abuse treatment programs within state and local correctional facilities, as well as detention facilities, in which inmates are incarcerated for a time sufficient to permit substance abuse treatment.
• BJA awarded $2.6 million to fund the National Community Courts Site-based and Training and Technical Assistance Initiative, which helps community court grantees and practitioners develop effective responses to low-level and non-violent offenses.
• OJJDP awarded over $19 million across 21 jurisdictions under its Family Drug Court Program to build the capacity of state and local courts, units of local government and federally recognized tribal governments to enhance existing family drug courts or implement statewide or countywide family drug court practices. The program aims to increase collaboration with substance abuse treatment and child welfare systems to ensure the provision of treatment and other services for families that improve child, parent and family outcomes.
• More than $5 million will support OJJDP’s Juvenile Drug Treatment Court Program, designed to help jurisdictions that want to establish or enhance a juvenile drug treatment court and to improve court system operations and treatment services.
• OJJDP awarded $14 million under two categories of its Mentoring Opportunities for Youth Initiative to address opioid and other substance abuse.
• Just over $4 million was awarded to support youth mentoring organizations that have a partnership with a public or private substance abuse treatment agency to provide mentoring services for youth impacted by unlawful or addictive opioid use.
• Nearly $10 million was awarded to build mentoring program capacity in targeted regions throughout the country to support statewide or regional approaches to expanding mentoring services for youth impacted by opioids.
• Nearly $9 million will fund OJJDP’s Opioid Affected Youth Initiative, which will support states, communities, tribes and nonprofits implementing programs and strategies that identify, respond to, treat and support children, youth and families impacted by the opioid epidemic.
• Another $1 million will fund specialized training to serve families impacted by opioids as part of a larger award under OJJDP’s Child Abuse Training for Judicial and Court Personnel
• OVC will fund more than $12 million under the Enhancing Community Responses to America’s Drug Crisis: Serving Our Youngest Crime Victims Program to support direct services to children and youth who are crime victims as a result of the nation's addiction crisis; and nearly $1.5 million to one organization to support training and technical assistance for the direct services grantees.
• NIJ will fund nearly $1.5 million on Research and Evaluation on Drugs and Crime, which will support rigorous applied research on evidence-based tools, protocols and policy efforts that will address drug traffickers, markets and related violence. It will also fund over $2.3 million for other related research.

A full list of the awards, organized under specific grant programs and listing awardees by state, is available here.

Additional information about FY 2020 grant awards from the Office of Justice Programs can be found online at the OJP Award Data Page.

NEW ORLEANS – United States Attorney Peter G. Strasser announced that HAROLD FOSTER, age 29, and MARC DALTON, age 30, both of New Orleans, Louisiana, were charged in a five-count indictment by a Federal Grand Jury for carjacking, use of a firearm during a crime of violence, and possession of a firearm by a convicted felon in violation of Title 18, United States Code, Sections 2119, 924, and 922.

According to court documents, FOSTER and DALTON were the offenders in two separate armed carjacking incidents in New Orleans. On April 10, 2020, the two men used firearms to forcefully take a Chevrolet Envoy. On April 12, 2020, they committed a second armed carjacking of a Mercedes C230. Both have prior felony criminal convictions. If convicted of carjacking and the firearms offenses, FOSTER and DALTON face a maximum term of life imprisonment, a fine of $250,000.00 and three (3) years of supervised release following any term of imprisonment.     

U.S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.  

Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners:  Bureau of Alcohol, Tobacco, Firearms and Explosives .  For more information about Project Guardian, please see https://www.justice.gov/usao-edla/project-guardian.

The case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant U.S. Attorney Charles D. Strauss.

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A federal court in Texas sentenced two former dietary supplement company executives to prison and ordered two companies to pay a combined $10.7 million in criminal forfeiture for their roles in fraudulently selling popular workout supplements, the Justice Department announced today.

On Oct. 13, 2020, U.S. District Judge Sam A. Lindsay sentenced former USPlabs CEO Jacobo Geissler, 44, of University Park, Texas, to 60 months’ imprisonment. On October 15, Judge Lindsay sentenced former USPLabs president Jonathan Doyle, 41, of Dallas, to 24 months’ imprisonment. In addition, the Court ordered each defendant to pay a criminal fine of $250,000. The Court previously sentenced USPlabs to pay $4.7 million in criminal forfeiture, and sentenced another company, SK Laboratories Inc., to forfeit $6 million in connection with the case. All of the defendants were charged in a 2015 indictment returned by a federal grand jury in the Northern District of Texas.

 “Consumers rely on dietary supplement manufacturers to accurately represent the ingredients in their products and ensure that they are safe to consume,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division.  “We will tirelessly investigate and prosecute individuals and companies that place profits before the safety of consumers.”

“Dietary supplement companies cannot be allowed to deceive their consumers and hide the fact that they are including untested ingredients in their products,” said U.S. Attorney for the Northern District of Texas Erin Nealy Cox. “We are committed to holding people who harm consumers accountable for their unconscionable behavior.”

“Consumers of dietary supplements do not expect the products they purchase to put their health at risk. Distributing supplements that jeopardize consumer health by being falsely or misleadingly labeled will not be tolerated. The FDA will continue to investigate and bring to justice those who endanger the public’s health and violate the law,” said Judy McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration.

“The defendants in this case thought they could profit off the boom in dietary supplements, while blatantly concealing the true nature of the products they were peddling,” said Assistant Special Agent in Charge Kevin Caramucci, Dallas Field Office. “IRS-CI is proud to stand with our federal partners in investigating financial crimes that bilk millions of dollars from our honest taxpayers, especially when products such as those distributed by Mr. Geissler and Mr. Doyle caused so much harm.”

The defendants each played roles in developing, manufacturing, or marketing the popular workout and weight loss supplements known as Jack3d and OxyElite Pro, which were distributed by USPlabs. In pleading guilty last year to conspiracy to introduce misbranded food into interstate commerce, Doyle and Geissler admitted that they imported substances with false and misleading labeling to avoid law enforcement and regulatory agency attention. SK Laboratories pleaded guilty to introduction of misbranded food into interstate commerce, and USPlabs pleaded guilty to conspiracy to introduce misbranded food into interstate commerce. The misbranding charges relate in part to OxyElite Pro, which was recalled in 2013 in the wake of an investigation by the Food and Drug Administration into whether the supplement caused liver injuries in consumers. The indictment alleged that the defendants sold some of their products without determining whether they would be safe to use.

Three other individuals also pleaded guilty and are expected to be sentenced in the coming months. Cyril Willson, 39, of Ralston, Nebraska, and Matthew Hebert, 42, of Dallas, pleaded guilty to introducing misbranded food into interstate commerce with the intent to defraud or mislead. Sitesh Patel, 37, of Irvine, California, the vice president of S.K. Laboratories, a California dietary supplement manufacturer, pleaded guilty to conspiracy to introduce misbranded food into interstate commerce and to the introduction of misbranded food into interstate commerce.

According to the indictment, sales of USPlabs products related to the conspiracy brought the company hundreds of millions of dollars in revenue. The indictment alleged that the defendants participated in a conspiracy to import dietary supplement ingredients from China, including the stimulant known as “DMAA,” using false certificates of analysis and false labeling, and then lied about the source and nature of those ingredients. According to the indictment, the defendants told some of their retailers and wholesalers that USPlabs products contained natural plant extracts, when in fact they contained a synthetic stimulant manufactured in a Chinese chemical factory.

The case was investigated by Special Agent Chad Medaris and former Special Agent Liam Gimon of FDA’s Office of Criminal Investigations and Special Agent Larissa Wilson of the Internal Revenue Service. The case is being prosecuted by Trial Attorneys David Sullivan, Patrick Runkle, and Raquel Toledo with the Consumer Protection Branch of the Department of Justice’s Civil Division, and Assistant United States Attorneys Errin Martin and John DelaGarza of the U.S. Attorney’s Office for the Northern District of Texas.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of Texas, visit its website at https://www.justice.gov/usao-ndtx.

NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that on October 13, 2020, BRIAN STEPHENS, a/k/a “Toomer,” age 35, of New Orleans, was sentenced for possessing firearms after felony convictions. 

According to court documents,  STEPHENS an armed career criminal, possessed firearms on three occasions.  On July 16, 2017, STEPHENS was stopped in a vehicle in possession of a firearm with an obliterated serial number, and then fled on foot.  On October 3, 2018,  STEPHENS discarded a stolen firearm during a foot chase with police officers.  On December 20, 2018, law enforcement officers executed a search warrant at STEPHENS’s home in Metairie and located two firearms, one of which was stolen.

U. S. District Court Judge Wendy B. Vitter sentenced STEPHENS to serve (15) fifteen years in prison, to be followed by three (3) years of supervised release.  Judge Vitter also imposed a $300 special assessment. 

Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

U.S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Louisiana State Police, the Federal Bureau of Investigation, the New Orleans Police Department, and the Jefferson Parish Sheriff’s Office in investigating this matter.  Assistant United States Attorney Maria M. Carboni was in charge of the prosecution.

 

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A Birmingham, Michigan, resident pleaded guilty today to conspiring to defraud the IRS and to steal from an organization receiving federal funds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.

According to court documents, from at least July 2014 through April 2018, Mathew Schwartz, the owner and operator of the law firm Legal Genius P.L.L.C., along with co-conspirators, took and distributed to other co-conspirators Detroit Police Department traffic crash reports, many of which were marked “unapproved” and not publicly available. The co-conspirators then used their access to these illegally obtained reports to solicit crash victims for personal injury lawyers, chiropractors, healthcare professionals, and other businesses.

Court documents also show from 2015 through 2017, Schwartz took steps to obstruct and impede the IRS. He diverted Legal Genius business income into his personal bank account, and paid individuals performing services for Legal Genius with checks made payable to “cash,” to assist those individuals with concealing their taxable income from the IRS and the Social Security Administration.

U.S. District Court Judge Matthew F. Leitman scheduled sentencing for Schwartz for Feb. 18, 2021. Schwartz faces a maximum of five years in prison on each count and a $250,000 fine for each of the conspiracy offenses. Schwartz also faces a period of supervised release, restitution, and monetary penalties.

Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation and the FBI, who conducted the investigation, and Tax Division Trial Attorney Mark McDonald of the Tax Division, who is prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

The Department of Justice today announced awards totaling more than $29 million to support adult and juvenile justice initiatives designed to reduce crime and recidivism associated with mental illness and co-occurring disorders.

“More and more people with mental illness are coming into contact with the criminal justice system, straining law enforcement resources and placing exceptional demands on our jails and prisons,” said Office of Justice Programs (OJP) Principal Deputy Assistant Attorney General Katharine T. Sullivan. “By supporting partnerships between justice system professionals and treatment providers, we are making substantial investments in addressing the link between mental health and public safety.”

Through OJP’s Bureau of Justice Assistance (BJA), the Justice and Mental Health Collaboration Program is providing $18.6 million to support innovative cross-system collaboration for individuals with mental illnesses or co-occurring mental health and substance abuse disorders who come into contact with the justice system. The program funds collaborative projects between criminal justice and mental health partners to plan, implement or expand a justice and mental health program.

Through BJA’s Collaborative Mental Health and Anti-Recidivism Initiative, nearly $900,000 is being provided to the Wisconsin Department of Corrections to establish a statewide pilot program that partners with the appropriate agencies within the state. The initiative will establish a collaborative prison anti-recidivism effort to provide comprehensive care before, during, and after incarceration for persons with serious mental illness, with a goal of reducing recidivism.

Through BJA’s Improving Justice and Mental Health Collaboration - Training and Technical Assistance to Grantees and the Field Program, $4.6 million is being awarded to the Council of State Governments in Lexington, Kentucky, to provide training and technical assistance to law enforcement and other criminal justice agencies and their partner mental health and substance abuse authorities to reduce crime and recidivism associated with people with mental illnesses.

OJP’s Office of Juvenile Justice and Delinquency Prevention is providing nearly $5 million through the Juvenile Justice and Mental Health Collaboration Program to improve outcomes for youth with mental illness or co-occurring mental health and substance abuse disorders who come into contact with the juvenile justice system. The funding may be used for mental health courts, specialized training and collaborative efforts between juvenile justice and mental health agencies to promote public safety by offering mental health treatment services and substance abuse treatment services.

For a complete list of grant programs, amounts awarded, and recipients, click here.

Additional information about these awards and other FY 2020 grant awards made by the Office of Justice Programs can be found online at the OJP Awards Data webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, 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.

A federal court has ordered an individual and 5 companies to stop engaging in a technical-support fraud scheme that is alleged to have defrauded hundreds of elderly and vulnerable U.S. victims, the Department of Justice announced today. 

The temporary restraining order issued by the court follows the filing of a complaint by the United States, which seeks both preliminary and permanent injunctions to prevent the defendants from further victimizing U.S. consumers.  The complaint filed by the Civil Division’s Consumer Protection Branch and the U.S. Attorney’s Office for the Southern District of Florida was coordinated through the Department’s Transnational Elder Fraud Strike Force, which Attorney General Barr established last year to combat foreign fraud schemes targeting older Americans.

According to the complaint filed today in the U.S. District Court for the Southern District of Florida, the defendants’ scheme contacted U.S. consumers via internet pop-up messages that falsely appeared to be security alerts from Microsoft or another well-known company.  The pop-up messages fraudulently claimed that the consumer’s computer was infected by a virus, purported to run a scan of the consumer’s computer, falsely confirmed the presence of a virus and malware, and then provided a toll-free number to call for assistance.  When victims called the toll-free number, they were connected to India-based call centers participating in the fraud scheme.  Call center workers asked victims to give them remote access to their computers and told victims that they detected viruses or other malware on their computers.  Eventually, the call center workers would falsely diagnose non-existent problems and ask victims to pay hundreds of dollars for unnecessary services and software. 

In an unprecedented collaborative effort, the Central Bureau of Investigation (CBI) in India took actions in parallel with today’s filing against corporate and individual participants in the scheme located in Delhi, Noida, Gurgaon, and Jaipur.  CBI, India’s federal investigative agency, took note of the international fraud being perpetrated by these companies operating from various locations in India.  CBI registered a criminal case against five companies involved in the scheme and conducted an investigation to identify and locate the perpetrators of the crime.  Coordinated search operations were conducted at the offices of these companies and at the residences of the directors of the entities.  According to CBI, incriminating digital evidence related to the scheme was collected and seized during the searches.

“Today’s filing reflects the Department of Justice’s continuing commitment to use all tools available to protect seniors from fraud, especially schemes perpetrated by transnational criminal organizations,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Civil Division.  “The Department of Justice sincerely appreciates the CBI’s efforts to disrupt and prosecute technical-support fraud, government imposter fraud, and all other schemes directed at the American public.”  

“Fraud schemes that target the most vulnerable members of our society, including the elderly, will be not be tolerated in our district,” said U.S Attorney Ariana Fajardo-Orshan for the Southern District of Florida.  “Our Office has and will continue to protect consumers through both civil and criminal prosecutions.  We urge consumers not to click on any pop-up messages or links that appear on their computer devices claiming that the devices are infected by viruses and at risk of irreversible damage.  Consumers should delete those pop-ups and instead contact their software provider or local computer consultant directly.”

“The FBI works with its local, state, federal and international partners to combat technical fraud schemes,” said Assistant Director of the International Operations Division Charles Spencer. “We will continue to collaborate with law enforcement partners in order to hold criminals who engage in this type of deceptive activity accountable.  However, we cannot do this alone, therefore we encourage anyone who suspects that they may be a victim of internet related fraud to report it to the FBI’s Internet Crime Complaint Center.”

“Postal Inspectors are prepared to defend the U.S. Mail from anyone who attempts to use it to defraud American citizens,” said Inspector-In-Charge Delany De Leon-Colon of the U.S. Postal Inspection Service’s Criminal Investigations Group.  “Through our partnerships with federal law enforcement agencies and our international counterparts, we’re able to extend our defense of the Nation’s mail across the globe.  Today’s action marks a strong step forward towards stopping these ruthless scammers from using the mail to further their scheme,” said De Leon-Colon.

The complaint alleges that Michael Brian Cotter, 59, of Glendale, California, knowingly provided U.S. support for India-based accomplices in furtherance of the scheme.  Cotter facilitated the scheme through several companies, including Singapore registered Global Digital Concierge Pte. Ltd., formerly known as Tech Live Connect Pte. Ltd., Nevada registered companies Sensei Ventures Incorporated and NE Labs Inc., New York registered Kevisoft LLC, and United Kingdom registered Kevisoft UK LTD.  The temporary restraining order issued by the court today dismantles these defendants’ U.S. infrastructure, such as websites and payment processing relationships, and prohibits the defendants from continuing to facilitate the alleged scheme.

According to law enforcement officials with CBI, “as India’s premier federal investigative agency, CBI reaffirms its commitment for continued close collaboration with the FBI and promoting cooperation with U.S. law enforcement agencies on cybercrime and cyber security.  CBI has been making concerted efforts to identify and rapidly dismantle any network of transnational cyber frauds operated out of India. This case further reinforces our continued commitment towards safer cyber space for all citizens globally.” 

The filed complaint asserts that, since at least 2011, Cotter has worked with co-conspirators in India to operate the alleged scheme, including registering website domains, setting up shell companies, and entering into relationships with banks and payment processors to facilitate the collection of funds from victims of the scheme.  Individual victims are alleged to have reported paying hundreds to thousands of dollars to the scheme for unwanted and unnecessary technical-support services.

The complaint seeks an injunction under the Anti-Fraud Injunction Statute immediately shutting down the defendants’ role in the fraudulent schemes in order to protect U.S. victims from further harm.  The injunctions sought by the United States would authorize the immediate shutdown of websites used to contact and collect payments from victims, and would enjoin Cotter and the corporate defendants from engaging in telemarketing activity related to computer technical support or accepting payments related to any purported technical support service.

The widespread fraud allegedly committed in this case was brought to the Transnational Elder Fraud Strike Force’s attention by Microsoft, which often is impersonated by those engaged in technical-support fraud schemes. 

Acting Assistant Attorney General Clark thanked the Postal Inspection Service for its investigation of the case, and the FBI’s Economic Crimes Unit and Legal Attaché’s Office in Delhi, India, for their substantial coordination efforts.  He also expressed appreciation to Microsoft for apprising the Strike Force of the alleged offenses.  The U.S. case is being handled by Trial Attorney Ann Entwistle of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney James Weinkle of the U.S. Attorney’s Office in the Southern District of Florida.

The claims made in the complaint are allegations only, and there has been no determination of liability.

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.

The Department of Justice is reminding members of the public to be vigilant against fraudsters who are using the COVID-19 pandemic to exploit American consumers and organizations and to cheat disaster relief programs.  In particular, the department is warning the public about scams perpetrated through websites, social media, emails, robocalls, and other means that peddle fake COVID-19 vaccines, tests, treatments, and protective equipment, and also about criminals that fabricate businesses and steal identities in order to defraud federal relief programs and state unemployment programs. 

“A pandemic is a time when people should come together to pursue the common good, but sadly there are some who instead use it as an opportunity to deceive and thieve,” said Deputy Attorney General Jeffrey A. Rosen.  “From the outset, the Justice Department has acted quickly to detect, investigate, and prosecute wrongdoing relating to this crisis.  Pursuing these criminals and deterring would-be bad actors will remain a priority for the foreseeable future.”

At the direction of Attorney General William Barr on March 16, 2020, the Department of Justice mobilized to safeguard Americans from coronavirus-related fraud and other illegal activity.  On March 18, Deputy Attorney General Rosen instructed the National Center for Disaster Fraud (NCDF) to take coronavirus-related complaints from the public and facilitate information sharing among law enforcement partners and regulators, like the Federal Trade Commission and the Federal Drug Administration.  The Deputy Attorney General also tasked U.S. Attorneys to appoint Coronavirus Fraud Coordinators in each judicial district, and many U.S. Attorneys also established state-wide and regional task forces to improve federal, state, and local law enforcement coordination.  On March 24, following the President’s invocation of his authorities under the Defense Production Act, the Attorney General formed the DOJ Hoarding & Price Gouging Task Force, which is a nationwide effort to deter, detect, and prosecute hoarding and profiteering in the sale of health and medical resources essential to combatting the spread of COVID-19.  Memoranda from the Attorney General and Deputy Attorney General prescribing these measures may be found at www.justice.gov/coronavirus/DOJresponse.

To date, the NCDF has received more than 76,000 tips concerning COVID-19-related wrongdoing.  Similarly, the FBI’s Internet Crime Complaint Center has also received more than 20,000 tips regarding suspicious websites and media postings.  These tips, as well as reports made directly to the offices of U.S. Attorneys, FBI field offices, and other law enforcement agencies, have led to federal law enforcement opening hundreds of investigations.

The department charged its first COVID-19-related fraud case on March 25, and since then, the department has filed criminal charges in 33 cases across the country involving scam vaccines, treatments, or testing or price gouging in the sale of scarce medical supplies.  Additionally, the department has initiated civil actions in 11 cases to enjoin fraudulent coronavirus schemes targeting consumers, including cases against defendants marketing ozone gas, silver-ion solution, and bleach-based solution as treatments.

The department has also focused on prosecuting bad actors who have exploited federal relief programs enacted on March 27 under the CARES Act that are intended to assist hard-hit Americans and businesses.  In particular, the department has charged 65 defendants in 50 separate cases to date that relate to the Paycheck Protection Program (PPP).  The total intended loss to the PPP in those cases is more than $227 million.  The defendants in these cases include those brazen enough to submit PPP loan applications for fabricated businesses named after “Game of Thrones” characters and to spend PPP loan proceeds on exotic cars, boats, and expensive jewelry.  

The department has coordinated closely with the Department of Labor Office of Inspector General (DOL-OIG) and various other federal law enforcement agencies to stand up the U.S. Department of Justice National Unemployment Insurance Fraud Task Force.

(See /media/1093226/dl?inline.)  This task force is charged with investigating numerous fraud schemes targeting the unemployment insurance programs of state workforce agencies, which have been distributing additional Pandemic Unemployment Assistance funds provided for under the CARES Act.  To date, the department has charged fraud or money laundering in 12 cases relating to unemployment insurance, and has also been supporting DOL-OIG’s efforts to mitigate the threats that transnational criminal organizations and other identity thieves continue to pose to the important benefits programs on which unemployed Americans rely.  The department’s leadership has been crucial in organizing and focusing the whole of federal law enforcement on this important issue, including by leveraging the capabilities and resources of the International Organized Crime Intelligence and Operations Center and by hiring additional prosecutors to investigate and charge these schemes.

Moving forward, the department also is concerned about, and will aim to deter and prevent, attempts by wrongdoers to prey upon potential victims by leveraging news about anticipated approval of a COVID-19 vaccine or about the potential enactment of new disaster relief bills that extend or expand upon CARES Act relief.   

The department encourages the public to continue to report wrongdoing relating to the pandemic to the NCDF and to remain vigilant against bad actors looking to exploit this national emergency.  To report a scam relating to COVID-19, or if you have information on hoarding or price gouging of critical supplies necessary to respond to the spread of COVID-19, you can report it without leaving your home by calling the NCDF Hotline at 866-720-5721 or via the NCDF Web Complaint Form, available at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, has agreed to pay $18 million to resolve allegations that the company caused the submission of false claims to the Medicare, Medicaid, and TRICARE programs by paying kickbacks to physicians and hospitals to induce the use of MMSI products, the Department of Justice announced today. 

“Paying kickbacks to doctors in exchange for referrals undermines the integrity of federal healthcare programs,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division.  “When medical devices are used in surgical procedures, patients deserve to know that their device was selected based on quality of care considerations and not because of improper payments from manufacturers.”

The Anti‑Kickback Statute prohibits 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 statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.

The settlement announced today resolves allegations that, for over six years, MMSI engaged in a kickback scheme to pay physicians, medical practices, and hospitals to induce their use of MMSI products in medical procedures performed on Medicare, Medicaid, and TRICARE beneficiaries.  Under the guise of an internal program known as the Local Advertising Program, MMSI allegedly provided remuneration to healthcare providers in the form of millions of dollars in free advertising assistance, practice development, practice support, and purported unrestricted “educational” grants to induce the healthcare providers to purchase and use a wide variety of MMSI products.  These products included MMSI’s EmboSphere devices, which generally were used for uterine fibroid embolization procedures, and its QuadraSphere devices, which generally were used for other types of embolization procedures.  Despite publicly claiming that its financial assistance was designed to “increase the awareness” of medical treatments, MMSI allegedly provided it only to select healthcare providers to reward past sales, induce future sales, and steer business to MMSI and away from MMSI’s competitors.  The government alleged that MMSI disregarded numerous warnings that its conduct may violate the Anti-Kickback Statute, including warnings from MMSI’s own Chief Compliance Officer, during the course of the alleged kickback scheme.  Of the $18 million to be paid by MMSI, $15.21 million will be returned to the federal government, and a total of $2.79 million will be returned to individual states, which jointly funded claims involving MMSI devices that were submitted to state Medicaid programs.

“Merit Medical provided millions of dollars of advertising and other marketing support to healthcare providers to induce sales of its products,” Attorney for the United States Rachael A. Honig.  “Unlawful kickbacks like these distort the market for medical devices upon which our healthcare system depends.  For years, Merit Medical ignored internal warnings and refused to abide by the rules that apply to every other medical device company.  With today’s settlement, they are paying the price for that refusal.”

 Along with the civil settlement, MMSI entered into a five-year Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG).  The CIA requires MMSI to hire a compliance expert and an independent review organization to analyze its systems and transactions.  “No health care company’s compliance program can be effective without commitment and support from the company’s leaders,” said HHS-OIG Chief Counsel Gregory Demske.  “As happened here, ignoring your compliance officer’s concerns about payments to referral sources is a great way to become a defendant in a kickback case.”

The allegations were originally made in a lawsuit filed under the whistleblower provisions of the False Claims Act by Charles J. Wolf, M.D., the former Chief Compliance Officer of MMSI.  The act permits private parties to sue for false claims on behalf of the United States and to share in any recovery.  Dr. Wolf will receive $2.65 million from the federal share of the settlement.

The government’s pursuit of this lawsuit 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 with Merit Medical was the result of a coordinated effort among the Commercial Litigation Branch of the Justice Department’s Civil Division and the U.S. Attorney’s Office for the District of New Jersey, with investigative support by HHS-OIG and the Federal Bureau of Investigation. 

The lawsuit is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc., No. 2:16-cv-01855-CCC-MF (D.N.J.).  The claims resolved by the settlement are allegations only and there has been no determination of liability.

At a roundtable with law enforcement in Albuquerque today, Attorney General William P. Barr announced updates on Operation Legend, which was expanded to Albuquerque on July 22, 2020.

Since Operation Legend’s launch in July 2020, more than 5,000 arrests – including approximately 247 for homicide – have been made; more than 2,000 firearms have been seized; and nearly 22 kilos of heroin, more than 15 kilos of fentanyl (enough to deliver more than 7.5 million fatal doses), more than 130 kilos of methamphetamine, more than 28 kilos of cocaine, and more than $7.3 million in drug proceeds have been seized.

Of the more than 5,000 individuals arrested, approximately 1,057 have been charged with federal offenses. Approximately 568 of those defendants have been charged with firearms offenses, while approximately 411 have been charged with drug-related crimes. The remaining defendants have been charged with various offenses.

The Attorney General launched the operation as a sustained, systematic, and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.

Breakdown of Operation Legend charges:

The initiative, which was first launched first in Kansas City, MO., on July 8, 2020, is named in honor of four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. The operation was subsequently expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on August 6, 2020; and to Indianapolis on August 14, 2020. A breakdown of the federal charges in each district is below. 

Kansas City, MO.

136 defendants have been charged with federal crimes outlined below.

• 49 defendants have been charged with narcotics-related offenses;
• 76 defendants have been charged with firearms-related offenses; and
• 11 defendants have been charged with other violent crimes.

Chicago, IL.

176 defendants have been charged with federal crimes outlined below.

• 40 defendants have been charged with narcotics-related offenses;
• 130 defendants have been charged with firearms-related offenses; and
• 6 defendants have been charged with other violent crimes.

Albuquerque, NM.

113 defendants have been charged with federal crimes outlined below.

• 47 defendants have been charged with narcotics-related offenses;
• 56 defendants have been charged with firearms-related offenses; and
• 10 defendants have been charged with other violent crimes.

Cleveland, OH.

94 defendants have been charged with federal crimes outlined below.

• 54 defendants have been charged with narcotics-related offenses;
• 36 defendants have been charged with firearms-related offenses; and
• 4 defendants have been charged with other violent crimes.

Detroit, MI.

96 defendants have been charged with federal offenses outlined below. 

• 31 defendants have been charged with narcotics-related offenses;
• 62 defendants have been charged with firearms-related offenses; and
• 3 defendants have been charged with other violent crimes.

Milwaukee, WI.

54 defendants have been charged with federal crimes outlined below.

• 25 defendants have been charged with narcotics-related offenses;
• 25 defendants have been charged with firearms-related offenses; and
• 4 defendant has been charged with other violent crimes.

St. Louis, MO.

274 defendants have been charged with federal crimes.

• 125 defendants have been charged with narcotics-related offenses;
• 125 defendants have been charged with firearms-related offenses; and
• 24 defendants have been charged with other violent crimes.

Memphis, TN.

51 defendants have been charged with federal offenses.

• 30 defendants have been charged with narcotics-related offenses;
• 14 defendants have been charged with firearms-related offenses; and
• 7 defendants have been charged with other violent crimes.

Indianapolis, IN.

65 defendants have been charged with federal crimes outlined below.

• 10 defendants have been charged with narcotics-related offenses;
• 46 defendants have been charged with firearms-related offenses; and
• 9 defendants have been charged with other violent crimes.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Northern District of Ohio.  Operation Legend launched in Cleveland on July 29, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

A Cleveland man has been charged with federal firearms and drug trafficking offenses after an Operation Legend taskforce conducted surveillance and executed a search warrant at the defendant’s residence and seized multiple firearms and illicit drugs. 

“Trafficking drugs by itself is a dangerous enterprise, but mix in several loaded firearms and some high-powered rifles, and the result is a deadly combination that could hurt many people in more ways than one,” said U.S. Attorney Justin Herdman.  “I want to thank law enforcement agents with DEA and Cleveland Police for their collaborative work to identify this individual and remove him from the community.”

Angel Chacon, 37, of Cleveland, was charged with one count of possession with intent to distribute a controlled substance and one count of possessing a firearm in furtherance of a drug trafficking crime.

According to court documents, law enforcement agents working as part of an Operation Legend taskforce executed a search warrant at Chacon’s residence after observing drug trafficking activity and executing a controlled buy.

During the search of the property, agents allegedly located the following items: cocaine, marijuana, drug trafficking paraphernalia and supplies, $5,000, a 9mm pistol, 55 rounds of 9mm ammunition, a .22 caliber rifle, 165 rounds of .22 caliber rifle ammunition, a .17 caliber rifle with five rounds of .17 caliber ammunition, a custom .223 caliber rifle with two magazines, 59 rounds of .223 caliber ammunition and two bags of miscellaneous ammunition and magazines.

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

Today, the Justice Department announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID-19 and its impact on the criminal justice process.

These cases have been a department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the department’s anti-violent crime strategy.  These firearms-related charges are the result of the critical law enforcement partnership between U.S. Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.

“The number one priority of government is to keep its citizens safe,” said Attorney General Barr.  “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens.  Violating federal firearms laws is a serious crime and offenders face serious consequences.  The Justice Department is committed to investigating and prosecuting individuals who illegally buy, sell, use, or possess firearms.  Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”

“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo.  “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions.  ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”

Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance.  Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime.  It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others.  Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense.  The department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement such as the National Integrated Ballistic Information Network, known as NIBIN, to promote gun crime intelligence.  Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime. 

For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.      

The Department of Justice (DOJ) today announced the protection activities undertaken by the FBI to counter the threat posed by Unmanned Aircraft Systems (UAS) at certain National Special Security Events (NSSEs), Special Events Assessment Rating (SEAR) events, and select mass gatherings throughout the country over the past fiscal year.  DOJ and the FBI are publicizing protection activities in an effort to deter careless and criminal UAS operators in light of an anticipated increase in enforcement activity in response to the misuse of UAS. 

The Preventing Emerging Threats Act of 2018 (codified at 6 U.S.C. § 124n) provides DOJ a tailored grant of authority for authorized DOJ components such as the FBI to take appropriate and lawful action against unmanned aircraft or unmanned aircraft systems that threaten the safety and security of the public, covered facilities and assets, and DOJ missions, consistent with the Constitution, applicable federal laws and regulations, and department policy. 

“Drones are an amazing technology that offer great commercial promise, but they also present a serious challenge to ensuring public safety,” said Deputy Attorney General Jeffrey A. Rosen.  “As events return during and after this global pandemic, we will be out in force where needed, collaborating with our partners from the Federal Aviation Administration and the Department of Homeland Security, to protect the public from unsafe, careless, or malicious drone operators.”

From Oct. 1, 2019, to Sept. 30, 2020, the FBI has provided counter-UAS support at dozens of events, including national level sporting events such as Super Bowl LIV in Miami, the 2019 World Series, and the 2020 Rose Bowl Game, as well as at other major events that draw large crowds like Washington, D.C.’s A Capitol Fourth and New York City’s New Year’s celebration.  During this period, the FBI has detected over 200 UAS unlawfully flying in national security airspace restricted by the Administrator of the Federal Aviation Administration at such events, and has taken corrective action. 

“The FBI is heavily invested in ensuring public safety at special events and we are engaged, with our federal, state, and local partners, to ensure UAS do not pose a threat to these events,” said FBI Executive Assistant Director Terry Wade.  “The FBI remains committed to identifying, investigating, and disrupting the careless or criminal use of UAS.” 

Operators who violate the national security-related flight restrictions put in place to protect these events risk facing criminal charges.  This past fiscal year authorities arrested and charged drone operators with violating a national defense airspace Temporary Flight Restriction (TFR), in violation of 49 U.S.C. § 46307.  For example, in the lead up to Super Bowl LIV, the U.S. Attorney’s Office for the Southern District of Florida charged two drone operators with flying drones in national defense airspace. 

In addition, the FBI has seized about a dozen UAS based on violations of flight restrictions at events during fiscal year 2020.

The department is particularly committed to preventing and prosecuting the increased use of drones for criminal purposes.  Last October, Eric Lee Brown was sentenced to 48 months in federal prison after attempting to use a drone to deliver marijuana to a state prison in Georgia.  In March of this year, the U.S. Attorney’s Office for the District of New Jersey announced charges against two men for conspiring to smuggle contraband into a federal correctional facility using drones.  These two cases illustrate the department’s effort to prevent, deter, and prosecute the use of drones to smuggle contraband into federal and state prisons. 

The department is also committed to prosecuting drone operators who use unmanned aircraft to facilitate violence.  The five-year prison sentence imposed last month on Jason Muzzicato, who used an unregistered drone to drop improvised explosive devices in the Eastern District of Pennsylvania, among other offenses, reflects this commitment.

On Sept. 28, 2020 the U.S. Attorney for the District of Oregon announced that two individuals were charged with flying a drone within national defense airspace during civil disorder events in Portland, Oregon. 

The department has expanded its use of counter-UAS technology and anticipates that, if violations still occur, its prosecutions will continue to increase.  As UAS become more common in our everyday lives, and offer many potential benefits, the need to operate UAS responsibly is paramount.

We, the undersigned, support strong encryption, which plays a crucial role in protecting personal data, privacy, intellectual property, trade secrets and cyber security.  It also serves a vital purpose in repressive states to protect journalists, human rights defenders and other vulnerable people, as stated in the 2017 resolution of the UN Human Rights Council[1].  Encryption is an existential anchor of trust in the digital world and we do not support counter-productive and dangerous approaches that would materially weaken or limit security systems. 

Particular implementations of encryption technology, however, pose significant challenges to public safety, including to highly vulnerable members of our societies like sexually exploited children. We urge industry to address our serious concerns where encryption is applied in a way that wholly precludes any legal access to content.  We call on technology companies to work with governments to take the following steps, focused on reasonable, technically feasible solutions:

• Embed the safety of the public in system designs, thereby enabling companies to act against illegal content and activity effectively with no reduction to safety, and facilitating the investigation and prosecution of offences and safeguarding the vulnerable;
• Enable law enforcement access to content in a readable and usable format where an authorisation is lawfully issued, is necessary and proportionate, and is subject to strong safeguards and oversight; and
• Engage in consultation with governments and other stakeholders to facilitate legal access in a way that is substantive and genuinely influences design decisions.

IMPACT ON PUBLIC SAFETY

Law enforcement has a responsibility to protect citizens by investigating and prosecuting crime and safeguarding the vulnerable. Technology companies also have responsibilities and put in place terms of service for their users that provide them authority to act to protect the public.  End-to-end encryption that precludes lawful access to the content of communications in any circumstances directly impacts these responsibilities, creating severe risks to public safety in two ways:

1. By severely undermining a company’s own ability to identify and respond to violations of their terms of service. This includes responding to the most serious illegal content and activity on its platform, including child sexual exploitation and abuse, violent crime, terrorist propaganda and attack planning; and
2. By precluding the ability of law enforcement agencies to access content in limited circumstances where necessary and proportionate to investigate serious crimes and protect national security, where there is lawful authority to do so.

Concern about these risks has been brought into sharp focus by proposals to apply end-to-end encryption across major messaging services.  UNICEF estimates that one in three internet users is a child.  The WePROTECT Global Alliance – a coalition of 98 countries, 39 of the largest companies in the global technology industry, and 41 leading civil society organisations – set out clearly the severity of the risks posed to children online by inaccessible encrypted services in its 2019 Global Threat Assessment: “Publicly-accessible social media and communications platforms remain the most common methods for meeting and grooming children online. In 2018, Facebook Messenger was responsible for nearly 12 million of the 18.4 million worldwide reports of CSAM [child sexual abuse material to the US National Center for Missing and Exploited Children (NCMEC)]. These reports risk disappearing if end-to-end encryption is implemented by default, since current tools used to detect CSAM [child sexual abuse material] do not work in end-to-end encrypted environments.”[2]  On 3 October 2019 NCMEC published a statement on this issue, stating that: “If end-to-end encryption is implemented without a solution in place to safeguard children, NCMEC estimates that more than half of its CyberTipline reports will vanish.”[3]  And on 11 December 2019, the United States and European Union (EU) issued a joint statement making clear that while encryption is important for protecting cyber security and privacy: “the use of warrant-proof encryption by terrorists and other criminals – including those who engage in online child sexual exploitation – compromises the ability of law enforcement agencies to protect victims and the public at large.”[4]

RESPONSE

In light of these threats, there is increasing consensus across governments and international institutions that action must be taken: while encryption is vital and privacy and cyber security must be protected, that should not come at the expense of wholly precluding law enforcement, and the tech industry itself, from being able to act against the most serious illegal content and activity online.

In July 2019, the governments of the United Kingdom, United States, Australia, New Zealand and Canada issued a communique, concluding that: “tech companies should include mechanisms in the design of their encrypted products and services whereby governments, acting with appropriate legal authority, can gain access to data in a readable and usable format. Those companies should also embed the safety of their users in their system designs, enabling them to take action against illegal content.”[5]  On 8 October 2019, the Council of the EU adopted its conclusions on combating child sexual abuse, stating: “The Council urges the industry to ensure lawful access for law enforcement and other competent authorities to digital evidence, including when encrypted or hosted on IT servers located abroad, without prohibiting or weakening encryption and in full respect of privacy and fair trial guarantees consistent with applicable law.”[6] 

The WePROTECT Global Alliance, NCMEC and a coalition of more than 100 child protection organisations and experts from around the world have all called for action to ensure that measures to increase privacy – including end-to-end encryption – should not come at the expense of children’s safety[7].

CONCLUSION

We are committed to working with industry to develop reasonable proposals that will allow technology companies and governments to protect the public and their privacy, defend cyber security and human rights and support technological innovation.  While this statement focuses on the challenges posed by end-to-end encryption, that commitment applies across the range of encrypted services available, including device encryption, custom encrypted applications and encryption across integrated platforms.  We reiterate that data protection, respect for privacy and the importance of encryption as technology changes and global Internet standards are developed remain at the forefront of each state’s legal framework.  However, we challenge the assertion that public safety cannot be protected without compromising privacy or cyber security.  We strongly believe that approaches protecting each of these important values are possible and strive to work with industry to collaborate on mutually agreeable solutions.

SIGNATORIES

Rt Hon Priti Patel MP, United Kingdom Secretary of State for the Home Department

William P. Barr, Attorney General of the United States

The Hon Peter Dutton MP, Australian Minister for Home Affairs

Hon Andrew Little MP, Minister of Justice, Minister Responsible for the GCSB, Minister Responsible for the NZSIS

The Honourable Bill Blair, Minister of Public Safety and Emergency Preparedness

India

Japan

11 October 2020

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[1] https://documents-dds-ny.un.org/doc/UNDOC/LTD/G17/073/06/PDF/G1707306.pdf?OpenElement

[2] WePROTECT Global Alliance, 2019 Global Threat Assessment, available online at: <https://static1.squarespace.com/static/5630f48de4b00a75476ecf0a/t/5deecb0fc4c5ef23016423cf/1575930642519/FINAL+-+Global+Threat+Assessment.pdf>,

[3] http://www.missingkids.org/blog/2019/post-update/end-to-end-encryption

[4] https://www.consilium.europa.eu/en/press/press-releases/2019/12/11/joint-eu-us-statement-following-the-eu-us-justice-and-home-affairs-ministerial-meeting/

[5] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/822818/Joint_Meeting_of_FCM_and_Quintet_of_Attorneys_FINAL.pdf

[6] https://data.consilium.europa.eu/doc/document/ST-12862-2019-INIT/en/pdf

[7] http://www2.paconsulting.com/rs/526-HZE-833/images/WePROTECT%202019%20Global%20Threat%20Assessment%20%28FINAL%29.pdf?_ga=2.109176709.1865852339.1591953966-1877278557.1591953966, http://www.missingkids.org/blog/2019/post-update/end-to-end-encryption, https://www.nspcc.org.uk/globalassets/documents/policy/letter-to-mark-zuckerberg-february-2020.pdf

Assistant Attorney General for Civil Rights Eric Dreiband and Acting U.S. Attorney Michael Sherwin for the District of Columbia issued the following statements:

“Yesterday, in the heart of our nation’s capital, Washington, D.C., a federal district court ruled that the fundamental right of all Americans to worship endures during our COVID-19 response,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.  “Last night’s decision is a victory for religious liberty and the rule of law. In an overwhelming vote, Congress passed the Religious Freedom Restoration Act in order to guarantee our nation’s first freedom is always upheld. The Department of Justice is grateful the court ruled preliminarily with this in mind and is grateful that members of Capitol Hill Baptist Church will be able to worship together on Sunday.”

“I am gratified that the court upheld the right of worshipers in the District of Columbia to exercise their First Freedom of religious exercise, in a safe manner,” said Acting U.S. Attorney Michael Sherwin for the District of Columbia.

Background

On Oct. 2, 2020, the Justice Department filed a statement of interest in federal district court in Washington D.C., arguing that the Religious Freedom Restoration Act (RFRA) — a 1993 federal law signed by President Clinton — and the First Amendment to the U.S. Constitution made the District of Columbia’s restrictions on Capitol Hill Baptist church illegal.

On Oct. 9, 2020, the federal court — after hearing oral argument and “review[ing] the statement of interest submitted by the United States” — 

granted a preliminary injunction motion .  In issuing its injunction, the court held that Capitol Hill Baptist “Church has shown that it is likely to succeed in proving that the District’s actions impose a substantial burden on its exercise of religion.  For its part, the District has not shown that it is likely to prove a compelling interest in prohibiting the Church from holding outdoor worship services with appropriate precautions, or that its restrictions are the least restrictive means available to achieve its public health objectives.”

The Justice Department’s statement of interest was filed in Capitol Hill Baptist Church v. Bowser, a case challenging the District of Columbia’s refusal to allow outdoor worship because of the city’s COVID-19 restrictions. The suit challenges the permit denial under the Free Speech and Free Exercise Clause of the First Amendment, and the Religious Freedom Restoration Act (RFRA). The suit alleges that while places of worship are limited to 100 people at outdoor worship services, these limits do not apply to, among other things, outdoor protests and rallies accommodating thousands.

The statement of interest is part of Attorney General William P. Barr's initiative, announced April 27, directing Assistant Attorney General for Civil Rights, Eric Dreiband, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review governmental policies around the country to ensure that civil liberties are protected during the COVID-19 pandemic.

Capitol Hill Baptist Church is a church of more than 850 members with a strong religious conviction that it should meet in person as a complete body for worship each Sunday. It therefore sought a permit to hold worship outdoors in excess of the 100-person limit, which the city denied.

The United States’ statement of interest explained that there is no constitutional or statutory basis for allowing protests and rallies attended by thousands of people, while at the same time silencing religious worship. The brief also explained that the District of Columbia bears a high burden of proof to justify its actions under the First Amendment and RFRA because its actions impose a “substantial burden” on religious exercise, as the church has shown here.

Though seeking to prohibit the Church’s socially-distanced outdoor worship, the District of Columbia nonetheless denied that the protests it had encouraged this past summer caused infection.  The Court observed:  “In fact, the District’s brief explains that the protests did not trigger any spike in COVID-19 ‘outbreaks,’ undermining the notion that large gatherings are always exceptionally dangerous.”

On Sept. 22, 2020, the Justice Department marked the 20th Anniversary of another federal law enacted to protect religious liberty, the Religious Land Use and Institutionalized Persons Act (RLUIPA)—a law enforced by the department’s Civil Rights Division, by releasing a comprehensive report detailing how RLUIPA has helped preserve the religious liberty rights of thousands of individuals and institutions.  https://www.justice.gov/opa/pr/department-justice-marks-20th-anniversary-religious-land-use-and-institutionalized-persons   

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.

More information about the Department of Justice’s efforts to protect religious exercise, including its Place to Worship Initiative is available at www.justice.gov/crt/placetoworship.

Hagatña, Guam – SHAWN N. ANDERSON, U.S. Attorney for the Districts of Guam and the Northern Mariana Islands today announced $794,650 in Department of Justice grants to improve services for crime victims.  The grants, awarded by the Department’s Office of Justice Programs, are part of over $144 million distributed to enhance the response to victims of crime throughout the United States.  Recipients of this funding will include the following organizations:

• Judiciary of Guam - $399,312
   
• CNMI Department of Public Safety - $395,338

 

          The awards will advance the use of technology, improve community preparedness and law enforcement training, and provide emergency and transitional shelter to assist victims of crime. Programs will also support victims of child abuse and fund research projects related to perpetrators and victims of elder abuse. Approximately $64.3 million was awarded under Office for Victims of Crime grant programs; over $54.1 million was awarded under Office of Juvenile Justice and Delinquency Prevention programs; over $19.9 million was awarded under Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking grant programs; and nearly $5.7 million was awarded under two National Institute of Justice grant programs.

 

          “The Department of Justice is steadfast in its commitment to protecting public safety and bringing justice to those who have been victimized,” said Attorney General William P. Barr. “The investments we are making today will support service providers as they work to secure the legal rights of victims and put survivors of criminal acts on the road to recovery.”

 

          U.S. Attorney Anderson stated, “We must never overlook that most crimes involve victims who suffer from the acts of others.  This significant federal funding will promote greater access to victim resources and services.  I applaud the efforts of these grant applicants in helping victims obtain justice.”

 

          “As lockdowns and lawlessness fuel crime in America’s homes and communities, more people are vulnerable to victimization and those who have been victimized face new hurdles,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving our victim service partners the tools they need to better serve their clients and protect victims’ rights.”

 

          For a complete list of individual grant programs, award amounts and jurisdictions that will receive this funding, visit: 

https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovcvictimsfactsheet.pdf?utm_medium=email&utm_source=govdelivery

 

          More information about OJP and its components can be found at www.ojp.gov.

The Office of Justice Programs (OJP) today announced that it has awarded $261 million in grant awards to support mentoring services for youth and to protect children from abuse, exploitation and threats such as sex trafficking. Principal Deputy Assistant Attorney General Katharine T. Sullivan made the announcement at an event with leaders and representatives of the Cal Ripken Sr. Foundation and local chapters of the Police Athletic League, along with local police chiefs.

“Young people in America face an array of challenges, from social and academic pressures to dangerous predators and lethal drugs. They are better equipped to meet those challenges with a model of care and compassion to guide them along,” said Sullivan. “These awards will support outstanding youth-serving organizations like the Cal Ripken Sr. Foundation, Big Brothers Big Sisters, Boys and Girls Clubs and their local affiliates across the country as they help youth discover their talents, find their purpose and realize their full potential. We are incredibly grateful to our mentorship programs, both nationally and locally. Badges in Blue and Badges for Baseball are great examples of successful community partnerships through law enforcement and mentoring.”

Grants from OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) will allow national, state and local organizations to provide mentoring to youth who are at risk of juvenile delinquency, victimization and juvenile justice system involvement. Funds also support the National Mentoring Resource Center, which last year provided training and other support to 362 school-, community- and faith-based mentoring programs that served more than 79,000 youth nationwide.

“We can take no greater step toward securing the future health and prosperity of our nation than by investing now in the physical safety and emotional resilience of our children,” said OJJDP Administrator Caren Harp. “These grants will give law enforcement officials, service providers and children’s advocates the resources they need to fight off predators, take kids out of harm’s way and help children overcome the effects of trauma.”

Mentoring programs supported by OJJDP help youth make connections with leaders and respected members of their communities, including law enforcement officers. Police and sheriffs’ departments have formed close and lasting bonds with young citizens, leading to greater trust and respect between law enforcement professionals and community members. Grants also address the impact of the addiction crisis on children and teens. Funds support mentoring in rural and other underserved communities hit hard by the opioid epidemic.

In addition, more than 100 sites are receiving grants from OJJDP and OJP’s Office for Victims of Crime to help find missing children, investigate and prosecute child exploitation cases, serve abused and neglected children, and assist minor victims of human trafficking.

Sullivan was joined today by Steve Salem, President and CEO of the Cal Ripken Sr. Foundation; V. Glenn Fueston Jr. of the Maryland Governor’s Office of Crime Prevention, Youth and Victim Services; Sergeant Kweise Dadzie from the Prince George’s Police Athletic League Badges for Baseball mentorship program; U.S. Attorney for the District of Maryland Rob K. Hur; and representatives of the Boys and Girls Club of Annapolis and Anne Arundel County, where the event was held.

For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit here and here.

Additional information about Fiscal Year 2020 grant awards made by OJP can be found online at the OJP Awards Data webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, 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 is located at www.ojp.gov.

A former Commander of Naval Station Guantanamo Bay (GTMO) was sentenced to 24 months in federal prison following his multiple convictions of obstructing justice and making false statements, in connection with the death of a civilian at the naval base.

Following a five- day trial, on Jan. 17, 2020, a federal jury in the Middle District of Florida convicted Captain John Nettleton, 53, of Jacksonville, Florida, of two counts of obstruction of justice, one count of concealment of material facts, one count of falsification of records, and two counts of making false statements, all related to his actions during the Navy’s investigation of the death of Christopher M. Tur, the Loss Prevention Safety Manager at GTMO’s Naval Exchange. 

Nettleton was sentenced by U.S. District Judge Timothy J. Corrigan who also ordered Nettleton to serve one year of supervised release.

Tur, 42, was found drowned in the waters of Guantanamo Bay on Jan. 11, 2015.  An autopsy revealed that Tur had suffered injuries prior to his drowning.  At the time of Tur’s death, Nettleton was the commanding officer of GTMO. 

“Nettleton misled and obstructed the investigators attempting to determine what happened to Mr. Tur, and this sentence ensures that he will pay a heavy price,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.  “That price, however, pales in comparison to that paid by the family of Mr. Tur, whose pain was compounded by Nettleton’s actions.  The Department of Justice was proud to work closely with the Naval Criminal Investigative Service (NCIS) to hold Nettleton accountable for his obstruction, concealment, and false statements.”

“By deliberately misleading NCIS in the search for Mr. Tur and the ensuing investigation into the circumstances of his death, Captain Nettleton delayed justice and wasted valuable Department of the Navy resources,” said Special Agent in Charge Thomas Cannizzo of the NCIS Southeast Field Office.  “NCIS is dedicated to holding accountable those who unlawfully impede investigations."

The facts developed at trial showed that Tur confronted Nettleton at a party at the GTMO Officers’ Club on Jan. 9, 2015, with allegations that Nettleton and Tur’s spouse had engaged in an extramarital affair.  Later that same evening, Tur went to Nettleton’s residence and a physical altercation ensued that left Tur injured.  Tur was reported missing on Jan. 10, 2015, by other residents of GTMO.  Despite knowing that Tur had been at his residence and injured during the altercation, Nettleton falsely informed his superior officers and other Navy personnel that Tur had last been seen at the Officer’s Club the night before.  Nettleton also did not report that Tur had accused him of the extramarital affair, that Nettleton and Tur had engaged in a physical altercation at Nettleton’s residence, or that Tur had been injured.  Nettleton persisted in this concealment and these false statements as the search for Tur and then the investigation into the circumstances of his death continued.

NCIS investigated the case and Deputy Chiefs Todd Gee and Peter M. Nothstein of the Criminal Division’s Public Integrity Section prosecuted the case.

The Executive Office for Immigration Review (EOIR) announced the investiture of 20 new immigration judges today, including three new assistant chief immigration judges.  The introduction of this class marks the most recent step in the ongoing development and expansion of the nationwide corps of professional adjudicators who resolve questions regarding the legal status of aliens in the United States and adjudicate claims of relief or protection from removal, such as asylum or withholding of removal.

“To provide for timely, efficient, and lawful resolution of immigration cases, the Department of Justice has prioritized the growth of EOIR’s corps of immigration judges and expansion of courtroom capacity for these officials to hear cases,” said Deputy Attorney General Jeffrey A. Rosen.  “These have been longstanding challenges for the immigration system.”

Since Jan. 20, 2017, the department has increased EOIR’s immigration judge corps from 306 to 520 adjudicators – an increase of nearly 70 percent.  During that same period, the agency has opened 137 new courtrooms for immigration proceedings, an increase in courtroom capacity of more than 40 percent.  This expansion of critical space for immigration judges to operate and resolve requests for relief is the direct result of a strategic partnership between EOIR and the General Services Administration, which has fostered innovative approaches to acquiring and designing space for immigration proceedings.

“Since 2017, EOIR has responded to the calls of stakeholders by devoting expanded resources to the hiring of quality immigration judges and expanding opportunities for aliens to receive more timely resolution of their cases,” said EOIR Director James McHenry.  “I am proud of those efforts, and EOIR will continue to take steps to ensure every alien’s case is adjudicated in a timely manner consistent with due process.”

The names of each new judge along with his or her biographical description and assigned court location is attached in an EOIR notice available here.  Information about the operational status of immigration courts nationwide can be accessed here.

The Department of Justice today announced it has awarded more than $87 million to bolster school security, support first responders who arrive on the scene of a school shooting or other violent incident, and conduct research on school safety.

The 2018 STOP School Violence Act authorized the Justice Department to create a series of grant award programs under a School Violence Prevention Program. This year, the Department made 130 awards to schools, districts and other jurisdictions throughout the United States.  

“Only by removing the threat of violence from our schools can we expect our kids to reap the full benefits of their education, and only after making our places of learning safe can we ask our teachers to instruct and inspire as they are trained to do,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Department’s Office of Justice Programs. “The Department of Justice is committed to securing our schools from danger and giving our kids the support they need to learn, grow and thrive.”

The Bureau of Justice Assistance and the National Institute of Justice, within the Department’s Office of Justice Programs, manage the programs and administer the grants, which include funds to:

• train school personnel and educate students on preventing student violence against others and themselves, to include anti-bullying training;
• implement or improve school safety measures, including coordinating with law enforcement;
• train law enforcement to help deter student violence against others and themselves;
• improve notification to first responders through implementation of technology that expedites emergency notifications;
• develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
• train school officials to intervene when mentally ill individuals threaten school safety;
• provide training and technical assistance to schools and other awardees in helping implement these programs;
• examine the root causes of school violence;
• evaluate the effectiveness of the approaches to stopping school violence; and
• analyze the perspectives of STOP School Violence Act grantees.

For more details about these individual award programs, as well as listings of individual 2020 awardees, visit here . To see the fact sheet, with information on awardees and the award amounts, click here.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, 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.

Colorado tax defier Lawrence Martin Birk was sentenced to an additional 78 months in prison for failing to surrender to serve his previously imposed tax evasion prison sentence and for unlawfully possessing firearms, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

“Let the message from today’s sentencing be loud and clear: the Tax Division will vigorously pursue and prosecute those who defraud the United States and flee punishment, wherever they may go,” said Principal Deputy Assistant Attorney General Zuckerman.

Birk, 66, was found guilty of tax evasion by a jury in July 2019. According to court documents and evidence presented at trial, Birk founded a sole proprietorship, Tarryall River Log Homes LLC, which built and sold log homes. Although the company was profitable, Birk did not voluntarily pay federal taxes on its income. When the IRS began collection efforts, Birk hired a tax firm to prepare eight years’ worth of delinquent tax returns, but concealed from the firm $400,000 of retirement distributions. Even after filing returns, Birk still did not pay what the returns acknowledged he owed in taxes. Instead, he sent the IRS threatening correspondence and sought to impede its efforts to seize money from his bank accounts. He did not make any voluntary tax payments for 2006 through 2018.

Based on this conduct, on Oct. 30, 2019, U.S. District Judge Robert E. Blackburn sentenced Birk to 60 months in prison, to serve three years of supervised release, and to pay restitution to the IRS in the amount of $1,858,826.

Birk was ordered to report to prison to begin serving his sentence in November 2019. Instead, he fled Colorado with a fully automatic assault rifle, two pistols, over a dozen loaded magazines, hundreds of additional rounds of ammunition, ballistic helmets, ballistic vests, and gas masks. Birk remained a fugitive until he was caught and arrested in Florida in January 2020 and has been in custody ever since.

Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, who conducted the investigation, and Trial Attorney Christopher Magnani, who prosecuted the case. Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

The Justice Department today filed suit against Yale University for race and national origin discrimination. The complaint alleges that Yale discriminated against applicants to Yale College on the grounds of race and national origin, and that Yale’s discrimination imposes undue and unlawful penalties on racially-disfavored applicants, including in particular most Asian and White applicants.

The complaint also alleges that Yale injures applicants and students because Yale’s race discrimination relies upon and reinforces damaging race-based stereotypes, including in particular such stereotypes against Yale’s racially-favored applicants. And, the complaint alleges that Yale engages in racial balancing by, among other things, keeping the annual percentage of African-American admitted applicants to within one percentage point of the previous year’s admitted class as reflected in U.S. Department of Education data. The complaint alleges similar racial balancing about Asian-American applicants.   

The department’s complaint alleges that Yale’s race and national origin discrimination violate Title VI of the 1964 Civil Rights Act. The lawsuit is the result of a multi-year investigation into allegations of illegal discrimination contained in a complaint filed by Asian American groups concerning Yale’s conduct.   

“Illegal race discrimination by colleges and universities must end,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This nation’s highest ideals include the notion that we are all equal under the law. For centuries, people from all over the world have learned of this ideal, left their ancestral homes, and come to the United States hoping that this country would live up to its ideals and that they and their families could enjoy equal opportunity and pursue the American dream. Countless Americans have pursued their dreams through higher education, and they continue to do so. All persons who apply for admission to colleges and universities should expect and know that they will be judged by their character, talents, and achievements and not the color of their skin. To do otherwise is to permit our institutions to foster stereotypes, bitterness, and division.” 

As a condition of receiving millions of dollars in taxpayer funding, Yale expressly agrees to comply with Title VI of the Civil Rights Act of 1964, a cornerstone civil-rights law that prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance.  According to the complaint, Yale receives over $600 million annually in federal funds. 

Title VI provides in part, “No person in the United States shall, on the ground of race, color, or national origin, … be subjected to discrimination under any program … receiving Federal financial assistance.”  The U.S. Supreme Court repeatedly has struck down discriminatory admissions programs in higher education, and required such programs to be narrowly tailored and not unduly to burden innocent applicants in order to survive. Yale’s practices violate the law.

The Justice Department found Yale discriminates based on race and national origin in its undergraduate admissions process, and that race is the determinative factor in hundreds of admissions decisions each year. For the great majority of applicants, Asian Americans and Whites have only one-eighth to one-fourth of the likelihood of admission as African American applicants with comparable academic credentials. Yale rejects scores of Asian American and White applicants each year based on their race, whom it otherwise would admit. 

Although the Supreme Court has held that colleges receiving federal funds may consider applicants’ race in certain limited circumstances as one of a number of factors, the Department of Justice found Yale’s use of race is anything but limited. Yale uses race at multiple steps of its admissions process resulting in a multiplied effect of race on an applicant’s likelihood of admission. And Yale racially balances its classes.

Yale refused to agree to the Department of Justice’s demand that Yale refrain from using race or national origin in its current 2020-2021 undergraduate admissions cycle. Yale also failed or refused ever to end its use of race in admissions, and Yale declined even to propose any changes to its pervasive use of race. The department therefore notified Yale that efforts at voluntary compliance had failed and filed suit.

The Department of Justice today announced that its Office of Justice Programs (OJP) has issued a revised policy governing the award of grants for the purchase and operation of foreign-made Unmanned Aircraft Systems (UAS).  The new policy requires grant recipients to utilize OJP funds to procure and operate UAS only in a manner that promotes public safety, protects individuals’ privacy and civil liberties, and mitigates the risks of cyber intrusion and foreign influence.    

“We take seriously concerns about the use of foreign-made UAS and the potential for related data compromise,” said Deputy Attorney General Jeffrey A. Rosen.  “It is paramount that funding recipients take effective measures to safeguard sensitive information and the public’s privacy and civil liberties while operating these systems in a safe and secure manner.”

The new OJP Policy has two primary mechanisms to address potential cybersecurity and data privacy concerns. First, the Policy prevents OJP funds from being used to purchase or operate UAS manufactured or assembled by an entity that DOJ leadership has determined is subject or vulnerable to extrajudicial direction from a foreign government.  “This policy change helps ensure that our partners can use these valuable tools to support their law enforcement and public safety missions, without compromising information technology systems or sensitive law enforcement or privacy information,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. 

Second, the chief executive officer of the applicant’s jurisdiction seeking funds for purchase or operation of UAS must now certify in writing that, among other things, the applicant and recipient can mitigate the risks posed by malware or unauthorized collection of user information, data theft, or electronic hijacking, can secure communications and protect the security of stored information collected with UAS, and has a plan to address civil liberties-related complaints regarding use of UAS.  Applicants must be prepared to provide these policies and procedures to DOJ as a condition for receiving a grant for UAS.  Together, these and other provisions of the Policy will help foster a secure and robust UAS supply-chain for our nation’s public safety partners.

The revised policy can be found here.

Attorney General William P. Barr announced today the release of “Cryptocurrency: An Enforcement Framework,” a publication produced by the Attorney General’s Cyber-Digital Task Force.  The Framework provides a comprehensive overview of the emerging threats and enforcement challenges associated with the increasing prevalence and use of cryptocurrency; details the important relationships that the Department of Justice has built with regulatory and enforcement partners both within the United States government and around the world; and outlines the Department’s response strategies. 

“Cryptocurrency is a technology that could fundamentally transform how human beings interact, and how we organize society.  Ensuring that use of this technology is safe, and does not imperil our public safety or our national security, is vitally important to America and its allies,” said Attorney General Barr.  “I am grateful to the Cyber-Digital Task Force for producing this detailed report, which provides a cohesive, first-of-its kind framework for those seeking to understand federal enforcement priorities in this growing space.”

“At the FBI, we see first-hand the dangers posed when criminals bend the important technological promise of cryptocurrency to illicit ends," said FBI Director Christopher Wray.   “As this Enforcement Framework describes, we see criminals using cryptocurrency to try to prevent us from 'following the money’ across a wide range of investigations, as well as to trade in illicit goods like criminal tools on the dark web. For example, the cyber criminals behind ransomware attacks often use cryptocurrency to try to hide their true identities when acquiring malware and infrastructure, and receiving ransom payments. The men and women of the FBI are constantly innovating to keep pace with the evolution of criminals' use of cryptocurrency."

“The United States has been enormously successful blocking terrorists, rogue regimes, and their supporters from funding their activity using traditional currencies,” said Task Force member John C. Demers, Assistant Attorney General for the National Security Division.  “As the Cryptocurrency Enforcement Framework explains, we will adapt our strategy and tools to 21st century financing, including to combat the use of cryptocurrencies to evade enforcement and harm our national security.”

“Cryptocurrencies and distributed ledger technology present tremendous promise for the future, but it is critical that these important innovations follow the law.  The Cryptocurrency Enforcement Framework provides the public with important information intended to help them understand and comply with their obligations under the legal regimes that govern these new and fast-developing technologies,” said Task Force member Brian C. Rabbitt, the acting Assistant Attorney General for the Criminal Division.  “While the Department of Justice and its partners are committed to supporting the advancement of legitimate cryptocurrency technologies and uses, we will not hesitate to enforce the laws that govern these technologies when necessary to protect the public.”

Task Force member Beth A. Williams, who serves as Assistant Attorney General for the Office of Legal Policy, lauded the release of the Cryptocurrency Enforcement Framework:  “The Department of Justice is committed to protecting the public from current and emerging cyber threats, including those involving cryptocurrency and related technologies.  This Framework reflects the Department’s extensive cooperation with domestic and international partners in ensuring that we are adequately addressing these challenges, to the benefit of lawful cryptocurrency users and the public at large.”

The Enforcement Framework opens with an introductory essay authored by the Task Force’s chair, Associate Deputy Attorney General Sujit Raman. 

Then, in Part I, the Framework provides a detailed threat overview, cataloging the three categories into which most illicit uses of cryptocurrency typically fall: (1) financial transactions associated with the commission of crimes; (2) money laundering and the shielding of legitimate activity from tax, reporting, or other legal requirements; and (3) crimes, such as theft, directly implicating the cryptocurrency marketplace itself. 

Part II explores the various legal and regulatory tools at the government’s disposal to confront the threats posed by cryptocurrency’s illicit uses, and highlights the strong and growing partnership between the Department of Justice and the Securities and Exchange Commission, the Commodity Futures Commission, and agencies within the Department of the Treasury, among others, to enforce federal law in the cryptocurrency space.

Finally, the Enforcement Framework concludes in Part III with a discussion of the ongoing challenges the government faces in cryptocurrency enforcement—particularly with respect to business models (employed by certain cryptocurrency exchanges, platforms, kiosks, and casinos), and to activity (like “mixing” and “tumbling,” “chain hopping,” and certain instances of jurisdictional arbitrage) that may facilitate criminal activity.    

The Cryptocurrency Enforcement Framework is the second detailed report issued by the Attorney General’s Cyber-Digital Task Force, which was established in February 2018 to answer two basic questions:  How is the Department of Justice responding to global cyber threats?  And how can federal law enforcement accomplish its mission in this area more effectively?  An earlier Task Force report, published in July 2018, canvassed a wide spectrum of cyber threats, ranging from transnational criminal enterprises’ sophisticated cyber-enabled schemes, to malign foreign influence operations, to efforts to compromise our nation’s critical infrastructure, and articulated the Department’s priorities in detecting, deterring, and disrupting cyber threats.

Additional Cyber-Digital Task Force members include Andrew E. Lelling, United States Attorney for the District of Massachusetts, and two senior FBI executives.  Components from across the Department contributed to the Cryptocurrency Enforcement Framework’s drafting.

The Cryptocurrency Enforcement Framework can be downloaded here.

Note: The defendants in this case, Jayson Penn, Roger Austin, Mikell Fries, Scott Brady, and William Lovette, were acquitted by a jury of the charges alleged in the indictment.

A federal grand jury in the U.S. District Court in Denver, Colorado, returned a superseding indictment charging six additional defendants for their roles in a previously indicted conspiracy to fix prices and rig bids for broiler chicken products, and containing additional allegations against the previously charged defendants in the same conspiracy, the Department of Justice announced today.  The superseding indictment also charges one defendant with making false statements and obstruction of justice. 

“The division will not tolerate collusion that inflates prices American shoppers and diners pay for food,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “Executives who choose collusion over competition will be held to account for schemes that cheat consumers and corrupt our competitive markets.  The division will also continue to charge those who knowingly lie to our law enforcement partners and obstruct our investigations — such conduct undermines our criminal justice system and will be prosecuted to the fullest extent of the law.”

“The charges in this ongoing investigation show the commitment of the FBI and our partners to work together to uncover these crimes and hold these individuals responsible,” said James A. Dawson, Acting Assistant Director in Charge of the FBI Washington Field Office.  “To date, there have been 10 individuals charged for their participation in this conspiracy to fix prices and rig bids.  The American people and restaurant owners should not be the ones to pay unnecessary rising costs of food while executives and employees line their pockets.”

“We will continue to work with our law enforcement partners and the Department of Justice to root out corruption that harms consumers and the competitive market,” said Assistant Inspector General for Investigations Scott Kieffer of the U.S. Department of Commerce, Office of Inspector General.  “The superseding indictment should serve as a deterrent to those who might contemplate similar criminal actions.”

“We appreciate the ongoing commitment and concerted efforts of our law enforcement partners at the Department of Justice’s Antitrust Division, the Federal Bureau of Investigation, and the Department of Commerce, Office of Inspector General to investigate a long-running scheme affecting competition through the rigging of bids and price fixing of broiler chicken products,” said Special Agent-in-Charge Bethanne M. Dinkins of the U.S. Department of Agriculture (USDA), Office of Inspector General.  “During these uncertain times, USDA, OIG will continue to dedicate resources and prioritize work that benefits hard working Americans through competitive prices for agricultural producers and fairness in pricing and quality of agricultural products for consumers.” 

The three-count superseding indictment charges 10 executives and employees at major broiler chicken producers for their participation in a conspiracy to fix prices and rig bids for broiler chicken products from at least 2012 until at least early 2019.  Broiler chickens are raised for human consumption and sold to grocers and restaurants.  The six additional defendants are Timothy Mulrenin, William Kantola, Jimmie Little, William Lovette, Gary Roberts, and Rickie Blake.  Mulrenin was a sales executive at a chicken supplier headquartered in Maryland and a sales executive at a chicken supplier headquartered in Arkansas.  Kantola was a sales executive at a chicken supplier headquartered in Illinois.  Little was a sales director at a chicken supplier headquartered in Colorado.  Lovette was President and Chief Executive Officer at a chicken supplier headquartered in Colorado.  Roberts was an employee at a chicken supplier headquartered in North Carolina and a manager and director at a chicken supplier headquartered in Arkansas.  Blake was a director and manager at a chicken supplier headquartered in Arkansas. 

The previously indicted defendants who were co-conspirators in the same conspiracy and remain charged in the superseding indictment are Jayson Penn, Roger Austin, Mikell Fries, and Scott Brady.  All 10 individuals charged were executives or employees of several different companies that supply broiler chicken products in the United States.  Finally, defendant Little is charged with one count of making false statements to federal law enforcement agents in violation of 18 U.S.C. § 1001, and one count of obstruction of justice in violation of 18 U.S.C. § 1512(c)(2).  The investigation remains ongoing.     

An indictment merely alleges that a crime has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.

The Sherman Act offense charged carries a statutory maximum penalty of 10 years in prison and a $1 million fine for individuals.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.  The false statements offense charged carries a statutory maximum penalty of 5 years imprisonment and a $250,000 fine.  The obstruction of justice offense charged carries a statutory maximum penalty of 20 years imprisonment and a $250,000 fine.

This case is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the broiler chicken industry, which is being conducted by the Antitrust Division with the assistance of the U.S. Department of Commerce Office of Inspector General, Federal Bureau of Investigation Washington Field Office, and U.S. Department of Agriculture Office of Inspector General.  Anyone with information on price fixing, bid rigging, or other anticompetitive conduct related to the broiler chicken industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Northern District of Illinois.  Operation Legend launched in Chicago on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

An Indiana man has been charged with a federal firearm offense for allegedly illegally selling dozens of handguns and assault rifles in the Chicago area.

Wayne Adam Tucker, 55, of Albion, IN, was charged with one count of dealing firearms without a license and one count of distribution of a controlled substance.  According to the charging document, Tucker sold 39 guns on four occasions from April 2019 to February 2020.  Three of the alleged sales occurred in south suburban Dolton, while one deal was allegedly conducted in Hammond, IN.  Unbeknownst to Tucker, the buyer in all of the deals was confidentially working on behalf of law enforcement, the complaint states.

It is alleged that Tucker carried out the four unlicensed sales of firearms to the confidential source on April 28, 2019, Aug. 17, 2019, Nov. 16, 2019, and Feb. 8, 2020.  In setting up the deals, Tucker allegedly explained to the confidential source that he had several people supplying him with firearms that had been purchased at gun shows in Indiana.

The drug charge accuses Tucker of selling approximately a pound of marijuana to the confidential source during the February transaction.

The details contained in the charging document are all allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

Two militant fighters for the Islamic State of Iraq and al-Sham (ISIS), a foreign terrorist organization, are expected to arrive in the United States today in FBI custody on charges related to their participation in a brutal hostage-taking scheme that resulted in the deaths of four American citizens, as well as the deaths of British and Japanese nationals, in Syria.

Former British citizens Alexanda Amon Kotey, 36, and El Shafee Elsheikh, 32, are expected to make their initial appearances in federal court in Alexandria, Virginia this afternoon.

“These charges are the product of many years of hard work in pursuit of justice for our citizens slain by ISIS.  Although we cannot bring them back, we can and will seek justice for them, their families, and for all Americans,” said Attorney General William P. Barr. “Our message to other terrorists around the world is this — if you harm Americans, you will face American arms on the battlefield or American law in our courtrooms. Either way, you will be pursued to the ends of the earth until justice is done.”

“Today, we remember the victims, Jim Foley, Steven Sotloff, Peter Kassig, and Kayla Mueller, and their families who are forever affected by these senseless acts of violence,” said FBI Director Christopher Wray. “These families have suffered with the painful loss of their loved ones at the hands of brutal killers; today's charges demonstrate the FBI's dedication and commitment to giving them the justice they deserve.  We, along with our partners in the U.S. Government, remain steadfast in our duty to bring to justice those who have harmed our citizens -- no matter where they are, and no matter how long it takes. I'm grateful to the men and women of the FBI, the victims' families, and our domestic and international partners, for their tireless efforts to bring us to where we stand today with the prosecution of these men on U.S. soil.”

According to allegations in the indictment, from 2012 to 2015, Kotey, Elsheikh, Mohamed Emwazi (deceased), and a fourth British citizen (CC-1) currently incarcerated in Turkey, were ISIS fighters and participated in the abduction of American and European hostages in Syria. The men also allegedly engaged in a prolonged pattern of physical and psychological violence against the hostages, including against American citizens James Wright Foley, Kayla Jean Mueller, Steven Joel Sotloff, and Peter Edward Kassig. Due to their English accents and their history together in the United Kingdom, the four men were often referred to by hostages as “The Beatles”.

From August 2014 through October 2014, ISIS released videos depicting Emwazi’s barbaric beheadings of Foley, Sotloff, and British citizens David Haines and Alan Henning. In November 2014, ISIS released a video depicting the decapitated head of Kassig. In January 2015, ISIS released videos with images of two dead Japanese citizens.

“Kotey and Elsheikh are alleged to have committed horrific crimes in support of ISIS, including hostage taking resulting in the deaths of four American citizens,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Their alleged acts have shattered the lives of four American families. What each these families have sought more than anything else is for these defendants to have their day in court. Well, that day has come. While we cannot return their loved ones or undo the pain that these families face each day, we can do everything possible to ensure that the defendants are held accountable for their alleged savage actions.”

According to allegations in the indictment, Kotey, Elsheikh, and Emwazi, worked closely with Abu Muhammed al-Adnani, a former leading ISIS commander and chief media spokesperson. Until he was killed in a United States military airstrike in August 2016, Adnani reported directly to Abu Bakr al-Baghdadi, the former self-proclaimed leader of ISIS. Baghdadi was killed during a United States military operation in Syria in October 2019.

“The indictments of Alexanda Kotey and Elshafee Elsheikh are the result of more than eight years of tireless work by the FBI Washington Field Office and personnel across the U.S. Government and the international law enforcement community,” said Acting Assistant Director in Charge James A. Dawson, FBI Washington Field Office. “These individuals allegedly conducted a litany of heinous and barbaric crimes as part of their duties as members of ISIS and for too long, the families of their victims have suffered while awaiting the day they would finally see justice for their loved ones. The men and women of the FBI remain dedicated to bringing the full force of the US justice system upon those who harm our citizens in furtherance of terrorism.”

Kotey, Elsheikh, and Emwazi met repeatedly with Adnani concerning the hostage-taking scheme and other matters. Between November 2012 and February 2015, Kotey, Elsheikh, Emwazi, and other ISIS fighters committed acts inflicting pain, suffering, cruelty and mistreatment on American, British, and other hostages in captivity.   

Throughout the captivity of the American hostages and others, Kotey, Elsheikh, and Emwazi allegedly supervised detention facilities holding hostages and were responsible for transferring hostages between detention facilities, in addition to engaging in a prolonged pattern of physical and psychological violence against hostages. From November 2013 to February 2015, Kotey and Elsheikh allegedly coordinated the Western-hostage ransom negotiations conducted by email. Kotey and Elsheikh knew and understood that the release of American and other hostages was conditioned on the transfer of large sums of money or concessions from the United States government, such as the release of Muslim prisoners.

According to allegations in the indictment, on or about April 25, 2014, Kotey, Elsheikh, and Emwazi forcibly moved the Italian, Danish, and German citizens, along with two other European humanitarian aid workers, to an isolated area approximately two miles from their prison to witness the execution of a Syrian prisoner. Kotey and Elsheikh knew and understood this execution was part of the hostage negotiation process. Emwazi executed the Syrian prisoner by shooting him in the back of the head and then numerous times in the torso as he fell into a grave. Kotey instructed the hostages to kneel at the side of the grave and witness the execution while holding handmade signs pleading for their release. Elsheikh videotaped the execution of the Syrian hostage, and after the execution the three men returned the European hostages to the prison with Elsheikh telling one hostage, “You’re next, [First name].”

The indictment alleges that ISIS fighters also forcibly seized the following additional individuals: Two United Kingdom citizens, an Italian citizen, a Danish citizen, a German citizen, four French citizens, three Spanish citizens, a New Zealand citizen, and a Russian citizen.

Kotey and Elsheikh were captured together in January 2018 by the Syrian Democratic Forces as they attempted to escape Syria for Turkey. Emwazi was killed in a United States military airstrike conducted in November 2015 in Syria.      

 

The American Victims

James Wright Foley – In November 2012, Kotey, Elsheikh, Emwazi, and other ISIS fighters forcibly seized and detained Foley, a citizen of both the United States and the United Kingdom. On or about Aug. 19, 2014, ISIS’s media center released a video depicting Emwazi beheading Foley.

Kayla Jean Mueller – In August 2013, ISIS fighters forcibly seized and detained Mueller in Syria. Beginning in or about October 2014, Baghdadi sexually abused Mueller against her will while she was held captive in Syria. On or about Feb. 7, 2015, Mueller’s family received an email from ISIS fighters confirming Mueller’s death in Syria.

Steven Joel Sotloff – In August 2013, ISIS fighters forcibly seized and detained Sotloff in Syria. On or about Sept. 2, 2014, ISIS’s media center released a video depicting Emwazi beheading Sotloff.

Peter Edward Kassig – In October 2013, ISIS fighters forcibly seized and detained Kassig in Syria. On or about Nov. 16, 2014, ISIS’s media center released a video depicting the decapitated head of Kassig.

Kotey and Elsheikh are each charged with conspiracy to commit hostage taking resulting in death; four counts of hostage taking resulting in death; conspiracy to murder United States citizens outside of the United States; conspiracy to provide material support to terrorists — hostage taking and murder — resulting in death; and conspiracy to provide material support to a designated foreign terrorist organization resulting in death. If convicted, each defendant faces a maximum penalty of life in prison.

The Department of Justice expresses its profound appreciation to the United Kingdom government as well as the Syrian Democratic Forces for their dedicated commitment to assist the United States in seeking justice for all the victims of the alleged crimes.  

This case is being investigated by the FBI’s Washington Field Office. The Justice Department’s National Security Division and Office of International Affairs provided valuable assistance.

First Assistant U.S. Attorney Raj Parekh, and Assistant U.S. Attorneys Dennis M. Fitzpatrick, John T. Gibbs and Aidan Taft Grano, and Trial Attorney Alicia Cook of the National Security Division‘s Counterterrorism Section (CTS) are handling the prosecution, with the assistance of CTS Deputy Chief Bridget Behling.

An indictment is merely an accusation. All defendants are presumed innocent until proven guilty.

ST. LOUIS, MO –A federal grand jury indicted Mark A. Bennett on one count of sexual exploitation of a child. The 47-year old is a resident of Ferguson, Missouri.

The investigation revealed Bennett to be in possession of more than 750 videos and images of child pornography involving children who appeared to be under the age of 12 years. Further, the investigation revealed that Bennett sexually abused a child who was under the age of twelve years, and produced child pornography by photographing his abuse of that child.

During the years that Bennett sexually abused the minor victim, Bennett was employed as a school security officer by the Ferguson-Florissant School District. Bennett was not a member of law enforcement nor employed by any police department.

Bennett faces a minimum punishment of 15 years imprisonment and a fine of up to $250,000. Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty. 

The Federal Bureau of Investigation, Missouri Internet Crimes Against Children Task Force and the St. Louis County Police Department Special Investigations Unit investigated this case. Assistant U.S. Attorney Jillian Anderson is handling the case.

Law enforcement is requesting community assistance in identifying further victims.  Anyone with information is asked to please contact the St. Louis County Special Investigations Unit at 314-615-8618.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of Eastern District of Michigan.  Operation Legend launched in Detroit on July 29, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

A Detroit man was charged in federal court with drug trafficking and illegally possessing a firearm.

“Operation Legend is taking dangerous, armed drug dealers off of our streets and putting them where they belong, which is in federal prison and far away from the peaceful citizens of Michigan,” said U.S. Attorney Matthew Schneider for the Eastern District of Michigan. 

Eric Walker, 44, of Detroit, was charged with possession with intent to distribute heroin, cocaine, fentanyl, marijuana, and oxycodone, as well as being a felon in possession of a firearm.

According to court documents, law enforcement agents working as part of Operation Legend received tips that Walker had allegedly been selling cocaine, heroin, pharmaceutical pills, and marijuana.  Surveillance was set up at the location where Walker was allegedly dealing the drugs and officers observed several drug transactions take place.  Officers then executed a search warrant, where they located a black Delta Rex 9mm Handgun loaded with 13 live rounds; approximately 136 grams of suspected cocaine, approximately 23.5 grams of suspected heroin, 672 grams of suspected marijuana, approximately 4.5 amphetamine pills, and approximately 93 pills of suspected oxycodone; multiple phones/electronic devices; packaging materials and scales.  Preliminary lab results indicated the heroin was laced with fentanyl and the suspected cocaine is crack cocaine.

Walker is prohibited from possessing a firearm due to previous felony convictions, including second degree murder and assault with intent to murder.  

The details contained in the charging document are all allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

The Justice Department announced today that it reached a settlement with Security Management of South Carolina LLC (Security Management), a private security company that provides armed and unarmed security services throughout South Carolina and Georgia.

The settlement resolves claims that Security Management discriminated against a worker in South Carolina by withdrawing his conditional job offer because of the worker’s status as a naturalized U.S. citizen. The settlement further resolves claims that Security Management discriminated against work-authorized non-U.S. citizens in the state of Georgia by routinely limiting security officer positions to U.S. citizens without legal justification and posting job ads that deterred qualified non-citizens from applying.

“Companies cannot make hiring decisions based on how a worker became a U.S. citizen or post job advertisements with unlawful citizenship restrictions that deter qualified work-authorized applicants,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division is committed to ensuring that work-authorized individuals protected under the Immigration and Nationality Act have an opportunity to apply and be considered for employment opportunities based on their merits.”

The department’s investigation began after a naturalized U.S. citizen (an individual who was born in another country and later became a U.S. citizen) filed a discrimination complaint against Security Management. Prior to immigrating to the U.S., the worker served as an interpreter for U.S. military forces in Iraq. Based on its investigation, the department concluded that after the worker successfully applied for a job with Security Management in South Carolina, the company unlawfully withdrew the worker’s job offer because he is a naturalized U.S. citizen instead of a native-born citizen. The department also concluded that from at least April 2018 through December 2019, Security Management posted job advertisements that restricted security officer positions in Georgia to U.S. citizens, thereby excluding work authorized non-U.S. citizens, including lawful permanent residents, asylees, and refugees. The department determined that Security Management did not have a legal basis for restricting hiring in Georgia to U.S. citizens.

The Immigration and Nationality Act (INA) protects U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents from citizenship status discrimination in hiring, firing, and recruitment or referral for a fee.  Workers who fall outside of these categories are not protected from citizenship status discrimination under the INA. One example of citizenship status discrimination is when employers limit jobs to U.S. citizens or nationals as opposed to other protected individuals — to include asylees, refugees, and recent lawful permanent residents — without legal justification.

Under the terms of the settlement agreement, Security Management will pay a civil penalty of $60,000, establish a $75,000 back pay fund for affected workers, and pay the worker whose discrimination complaint prompted the investigation $7,907.81 in back pay. Security Management will also remove unlawful citizenship status restrictions from its job advertisements, revise its policies and procedures, train relevant employees about the requirements of the INA’s citizenship-status provision, and be subject to departmental monitoring for two years.

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. More information about how to avoid discrimination when recruiting and hiring workers is available here. For more information about protections against employment discrimination under immigration laws, 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.

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 (Form I-9 and E-Verify); or subjected to retaliation, can file a charge.

Members of the public can also report possible civil rights violations through the Civil Rights Division’s reporting portal.

The Department of Justice today awarded grants totaling over $144 million to enhance services for victims of crime across the United States.

“The Department of Justice is steadfast in its commitment to protecting public safety and bringing justice to those who have been victimized,” said Attorney General William P. Barr. “The investments we are making today will support service providers as they work to secure the legal rights of victims and put survivors of criminal acts on the road to recovery.”

All grant money being awarded today comes from offices within the department’s Office of Justice Programs (OJP). Approximately $64.3 million was awarded under Office for Victims of Crime (OVC) grant programs; over $54.1 million was awarded under Office of Juvenile Justice and Delinquency Prevention (OJJDP) programs; over $19.9 million was awarded under Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) grant programs; and nearly $5.7 million was awarded under two National Institute of Justice (NIJ) grant programs.

“As lockdowns and lawlessness fuel crime in America’s homes and communities, more people are vulnerable to victimization and those who have been victimized face new hurdles,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving our victim service partners the tools they need to better serve their clients and protect victims’ rights.”

Grants awarded under FY 2020 OVC programs further the department's mission to enhance the field's response to victims of crime. Specific programs are:

• The Emergency and Transitional Shelter and Housing Assistance for Domestic Violence, Sexual Assault and Stalking Victims and their Companion Animals Grant program gives over $2.2 million to six organizations for shelter and transitional housing to victims of domestic violence, dating violence, sexual assault or stalking and their companion animals.
   
• The Improving Community Preparedness to Assist Victims of Mass Violence or Domestic Terrorism: Training and Technical Assistance Project awards nearly $3 million to provide individualized training and technical assistance to state, local and tribal law enforcement; units of government; emergency managers; victim service providers; and other stakeholders to help augment their community emergency management response plans to ensure that the needs of victims, families and first responders are addressed after incidents of criminal mass violence or domestic terrorism.
   
• The Advancing the Use of Technology to Assist Victims of Crime program gives over $6.2 million to five organizations to support projects that demonstrate innovative strategies to create, expand or enhance the use of technology to interact directly with crime victims and to provide information, referrals, crisis assistance and long-term help.
   
• The Addressing Female Genital Mutilation and Cutting program gives nearly $1.8 million to six recipients to address communities’ responses to victims of female genital mutilation and over $1 million to one organization to provide targeted technical assistance to inform front-line providers on how to identify and serve victims and persons at-risk of being victimized.
   
• The Targeted Training and Technical Assistance for VOCA Victim Assistance and Compensation Administrators program awards nearly $5 million specifically to provide peer-to-peer training on federal grants management and administration for Victims of Crime Act victim assistance grantees and subgrantees.
   
• The Crime Victims' Rights Legal Clinics program gives nearly $4 million to four recipients to enforce crime victims' rights at the federal level under the Crime Victims' Rights Act and at the state, local or tribal level under substantially similar state, local, or tribal laws. Another $1 million is awarded to a training and technical assistance provider to support the clinics as they launch or expand their crime victims’ rights clinics and train allied professionals.
   
• The Law Enforcement-Based Victim Specialist program gives over $8.6 million to 22 recipients to develop or enhance crime victim specialist programs within law enforcement agencies to better support victims through the criminal justice process, and another $2 million to one organization to support training and technical assistance for the grantees.
   
• The Crime Victim Compensation Program Assessment program gives nearly $2.4 million to seven recipients to help selected states assess victims' access to compensation programs with the goal of increasing the number of victims aware of this resource.
   
• The State Victim Liaison Project gives over $4.7 million to 10 organizations to place one or more experienced crime victim liaisons within selected VOCA State Administrating Agencies to act as a bridge between the state and other state-based nongovernmental organizations in order to identify gaps in victim services and improve access to resources for crime victims in rural/tribal areas, older victims of crime and victims of violent crime.
   
• The Training for Law Enforcement to Improve Identification of and Response to Elder Fraud Victims program awards nearly $2 million to provide training and technical assistance to enhance law enforcement's ability to identify elder fraud victims, connect those victims with available services, and bring the fraudsters to justice.
   
• The Enhancing Services for Older Victims of Abuse and Financial Exploitation program awards nearly $6 million to 12 organizations to support communities in providing services to older victims of abuse and exploitation using trauma-informed approaches that protect the safety and confidentiality of victims.
   
• The Enhancing Community Responses to America's Drug Crisis: Serving Our Youngest Crime Victims program gives over $12 million to 17 organizations to support direct services to children and youth who are crime victims as a result of the nation's addiction crisis; and nearly $1.5 million to one organization to support training and technical assistance for the direct services grantees. In addition, OVC will award $250,000 in continuation funding to the Modoc Tribe of Oklahoma to provide services to Tribal children and youth who are victimized as the result of the opioid crisis.
   
• The National Crime Victims’ Rights Week (NCVRW) Community Awareness Program gives $300,000 to an eligible organization to continue supporting public awareness, community outreach, and education activities for crime victims' rights and services during NCVRW in April 2021.

Grants awarded under FY 2020 OJJDP programs further the department’s mission of supporting the effective investigation and prosecution of child abuse and neglect cases.

• Under the Victims of Child Abuse Act Support for Children’s Advocacy Centers program, OJJDP awarded more than $18.3 million in continuation funding to the National Children’s Alliance in Washington D.C. This program will provide support to Children’s Advocacy Centers (CACs) through three funding categories: subgrants to local CACs, state chapters and multidisciplinary teams ($15.3 million); subgrants to provide services for victims of child pornography ($2 million); and efforts to help military installations address cases of child abuse, including subgrants to local CACs ($1 million).
   
• OJJDP also awarded $5 million in continuation funding to four organizations via the VOCA Regional Children’s Advocacy Center. This program supports regional centers, one situated within each of the four U.S. Census regions, that help to build and establish multidisciplinary teams (MDTs), local programs, and state chapter organizations that respond to child abuse and neglect; and deliver training and technical assistance that strengthen existing MDTs, local CACs and state chapter organizations.
   
• Through the Victims of Child Abuse Act (VOCA) Training and Technical Assistance for Child Abuse Professionals program, OJJDP awarded $2.5 million to the National Children’s Advocacy Center in Alabama. This program promotes improved child interview techniques, thorough investigative methods, interagency coordination and effective presentation of evidence in court. The program will provide training and technical assistance to establish coordinated multidisciplinary programs that address child maltreatment.
   
• OJJDP awarded more than $10.8 million in continuation funding to the National Court Appointed Special Advocate Association in Washington under the Court Appointed Special Advocates Membership, Accreditation, and Subgrants Program and Training and Technical Assistance. This program aims to serve and improve outcomes for children in the dependency system; provide effective advocacy for abused and neglected children, including foster care youth; and build on the training and technical assistance program that OJJDP has developed in collaboration with the National CASA Association.
   
• OJJDP awarded more than $3.1 million to the National Council of Juvenile and Family Court Judges in Nevada under the Child Abuse Training for Judicial and Court Personnel program to improve juvenile justice and dependency systems’ response to child abuse and neglect, as well as child sexual exploitation and sex trafficking. This program provides judicial, legal and social service professionals with training and technical assistance to improve their understanding of child abuse; their ability to prevent placement in foster care when possible; and their ability to reunify families after foster care placement.
   
• OJJDP awarded more than $7.2 million to the National Children’s Alliance to support the American Indian and Alaska Native Subgrant Program. This program will support the expansion of new satellite CACs through the provision of subgrants to existing CACs in Alaska, and to tribes (or existing CACs serving tribes) interested in establishing a satellite CAC in the lower 48 states.
• Another $4.8 million was awarded to eight organizations through the Alaska Children’s Advocacy Center Expansion Initiative for Child Abuse Victims to support programmatic enhancements for existing Alaska-based CACs to increase the range and quality of services as well as specific infrastructure needs.
   
• Under the Training and Technical Assistance To Expand Children's Advocacy Centers Serving American Indian/Alaska Native Communities program, OJJDP awarded $1 million to the University of Montana to improve the capacity of child abuse professionals and promote the effective delivery of the evidence-informed CACs model and the multidisciplinary response to child abuse across American Indian/Alaska Native communities.
   
• OJJDP awarded $750,000 to the Choctaw Nation of Oklahoma via the Tribal Children’s Advocacy Center Expansion Initiative for Child Abuse Victims program to improve the capacity of child abuse professionals and promote the effective delivery of the evidence-informed CAC model and the multidisciplinary response to child abuse in tribal communities.
• OJJDP awarded $500,000 to the Alaska Children's Alliance (State Chapter) to enhance and expand the coordinated multidisciplinary investigation and prosecution of child abuse in Alaska through targeted training and technical assistance.

Grants awarded under FY 2020 SMART programs further the department’s mission of keeping communities safe by promoting innovation and best practices in preventing and protecting the public from sexual violence. Specific programs: 

• The National Sex Offender Public Website program awards over $900,000 for continued Maintenance and Operation of the Dru Sjodin National Sex Offender Public Website program.
   
• The Keep Young Athletes Safe program awards over $2.2 million to support the ongoing implementation of prevention measures to safeguard amateur athletes from sexual, physical and emotional abuse in the athletic programs of the United States Olympic & Paralympic Committee, each national governing body and each Paralympic sports organization.
   
• The Adam Walsh Act program awards over $16.7 million to 61 recipients to help jurisdictions develop and enhance programs designed to implement the Sex Offender Registration and Notification Act (SORNA), which provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. Almost $800,000 is being awarded to provide training and technical assistance to jurisdictions implementing SORNA standards.

Grants awarded under FY 2020 NIJ programs aim to evaluate and fund research projects related to perpetrators and victims of elder abuse. Specific programs:

• The Research and Evaluation of Victims of Crime program gives over $4.2 million to six recipients to evaluate programs that provide services for victims of crime and research the financial costs of victimization.
   
• The Research on the Abuse, Neglect and Exploitation of Elderly Individuals program awarded just under $1.5 million to two recipients to fund research projects to, respectively, better differentiate physical abuse of elderly individuals from accidental injury and to improve the reporting of elder abuse.

For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovcvictimsfactsheet.pdf.

In addition to the grants listed above, OJP awarded nearly $101 million in funding to combat human trafficking and provide vital services to trafficking victims throughout the United States. For a complete list of individual grant programs, award amounts and jurisdictions that will receive this funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovchumantraffickingfactsheet.pdf.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Security Management of South Carolina, LLC (Security Management), una empresa privada de seguridad que presta servicios de seguridad armados y no armados en Carolina del Sur y Georgia. El acuerdo resuelve acusaciones de que Security Management discriminó a un trabajador en Carolina del Sur al retirar su oferta de trabajo condicional porque el trabajador era ciudadano estadounidense naturalizado. Más aún, el acuerdo resuelve acusaciones de que Security Management discriminó a trabajadores no ciudadanos de los EE. UU. que contaban con autorización para trabajar en el estado de Georgia al limitar, de forma rutinaria, a los puestos para agentes de seguridad a ciudadanos estadounidenses, sin tener fundamento jurídico para lo mismo, y al publicar anuncios de trabajo que disuadían a personas no ciudadanas de solicitar un puesto.

«A la hora de tomar decisiones en cuanto a la contratación, las compañías no pueden basarse en el medio por el cual un trabajador llegó a ser ciudadano de los EE. UU., ni tampoco pueden publicar anuncios de trabajo con restricciones ilícitas de ciudadanía que disuadan a postulantes con autorización para trabajar», afirmó Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «La División de Derechos Civiles se ha comprometido a garantizar que las personas con autorización para trabajar amparadas bajo la ley de Inmigración y Nacionalidad tengan una oportunidad de solicitar un puesto y ser consideradas para oportunidades laborales con base en sus méritos».

La investigación del Departamento comenzó después de que un ciudadano estadounidense naturalizado (es decir, un individuo que nació en otro país y luego se convirtió en ciudadano de los EE. UU.) presentó una denuncia de discriminación contra Security Management. Antes de inmigrar a los EE. UU., el trabajador había servido como intérprete para las fuerzas militares estadounidenses en Irak. Con base en su investigación, el Departamento concluyó que después de solicitar un puesto exitosamente con Security Management en Carolina del Sur, la compañía retiró, de manera ilegal, la oferta de trabajo del trabajador porque no es ciudadano nativo de los EE. UU. sino ciudadano naturalizado. Por otra parte, el Departamento concluyó que, desde al menos abril del 2018 hasta diciembre del 2019, Security Management publicó anuncios de trabajo que restringían puestos para agentes de seguridad en Georgia a ciudadanos de los EE. UU., lo que excluyó a trabajadores no ciudadanos de los EE. UU. que cuentan con autorización para trabajar, como residentes permanentes legales, asilados y refugiados. El Departamento determinó que Security Management carecía de fundamento legal para restringir su contratación en Georgia a ciudadanos de los EE. UU.

La ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) protege a ciudadanos de los EE. UU., nacionales de los EE. UU., refugiados, asilados y residentes permanentes legales recientes de discriminación por motivos de su estatus de ciudadanía en los procesos de contratación, despido y reclutamiento o recomendación por comisión. Aquellos trabajadores que quedan fuera de estas categorías no gozan, en virtud de la INA, de protección contra discriminación por motivos de su estatus de ciudadanía. Un ejemplo de discriminación por motivos de estatus de ciudadanía sería cuando un empleador restringe puestos de trabajo a ciudadanos y nacionales de los EE. UU., dejando fuera a otros individuos protegidos, entre ellos asilados, refugiados y residentes permanentes legales recientes, sin disponer de la base jurídica necesaria para tal restricción.

Conforme los términos del acuerdo conciliatorio, Security Management pagará una sanción civil de 60.000 $, establecerá un fondo de pagos retroactivos de 75.000 $ para trabajadores afectados y pagará 7.907.81 $ por concepto de pagos retroactivos al trabajador cuya denuncia de discriminación dio lugar a la investigación. Asimismo, Security Management quitará las restricciones ilícitas de estatus de ciudadanía de sus anuncios de trabajo, revisará sus políticas y procedimientos, capacitará a los empleados relevantes acerca de los requisitos de la disposición de la INA sobre el estatus de ciudadanía y se someterá a la supervisión por parte del Departamento durante dos años.

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.

Hay información adicional disponible aquí sobre cómo evitar la discriminación en el reclutamiento y la contratación de trabajadores. Para más información sobre protecciones contra la discriminación en el empleo, en virtud de las leyes migratorias, 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 de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); envíe un correo electrónico a [email protected]; inscríbase a un seminario en línea gratuito; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

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 (Formulario I-9 e E-Verify) o sometidos a represalias pueden presentar una denuncia.

Miembros del público también pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.

The Office for Victims of Crime (OVC), a component of the department’s Office of Justice Programs (OJP), has released awards totaling more than $1.8 billion to state victim assistance and compensation programs to fund thousands of local victim assistance programs across the country and to provide millions in compensation to victims of crime.

OVC’s flagship formula grant program is supported by the Crime Victims Fund (the Fund), which was established under the Victims of Crime Act (VOCA). The Fund supports a broad array of programs and services that focus on helping victims in the immediate aftermath of crime and continuing to support them as they rebuild their lives. In FY 2019 alone, VOCA grants served over 7 million victims and paid more than $399 million in compensation claims.

“Advocates, service providers, and law enforcement agencies from around the country stand ready to help crime victims exercise their legal rights and reclaim their lives,” said Attorney General William P. Barr. “These new funding resources continue this administration’s unprecedented commitment to providing the support necessary for victims of crimes to be able to heal and recover.”

The vast majority of the over $1.6 billion in victim assistance funding goes to local direct service programs, including children’s advocacy centers, domestic violence shelters, rape crisis centers, human trafficking and elder abuse programs, civil legal services, crime victims’ rights enforcement, as well as victim assistance positions in prosecutors’ offices and law enforcement departments.

State victim compensation programs will receive over $133 million to supplement the state funds that offset victims’ financial burdens resulting from crime. This compensation is often extremely vital to victims who face enormous financial setbacks from medical fees, lost income, dependent care, funeral expenses, and other costs.

“Building on the historic amount of victim assistance and victim compensation funding awarded last year, these new awards have the potential to alter the landscape of the victims’ field, putting services and support within reach of every crime victim in America,” said Katharine T. Sullivan, OJP's Principal Deputy Assistant Attorney General. “Backed by an Attorney General whose commitment to crime victims is second to none, we are proud to make these resources available to help meet the emotional, psychological and financial needs that victims face in the aftermath of crime.”

“For crime victims, the first step toward healing and recovery is finding a place where trained, committed professionals can be counted on to provide compassionate services that meet fundamental physical and emotional needs,” said OVC Director Jessica E. Hart. “This funding, taken out of the hands of offenders and put to good use through local assistance organizations and state compensation programs, will enable advocates across the nation to support those in crisis and help victims find the justice they deserve.”

The Fund is financed by fines and penalties paid by convicted federal offenders and does not include tax dollars. Additional information about FY 2020 grant awards made by OVC can be found online at the OVC Awards Listing webpage.

The Department of Justice announced today that it reached a settlement with WinCraft, Incorporated (WinCraft), a Minnesota-based sports manufacturing company with locations in Iowa, Florida, and Washington. The settlement resolves claims that WinCraft violated the Immigration and Nationality Act (INA) by requiring lawful permanent residents to provide specific work authorization documentation without any legal justification because of their immigration status. 

“Companies large and small must abide by the Immigration and Nationality Act’s (INA) requirements not to discriminate,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We are pleased that WinCraft will work with the Department of Justice to ensure that its policies and practices comply with the INA’s requirements applicable to workers with the legal right to work in the United States.”

Based on its investigation, the department concluded that WinCraft required unnecessary and specific documents from lawful permanent residents, such as requiring these workers to show their Permanent Resident Cards (sometimes known as “green cards”), to prove their work authorization. Additionally, according to the department, WinCraft required that lawful permanent residents show updated proof of their work authorization when their Permanent Resident Cards expired, even though federal rules prohibit such practice and these workers continued to be authorized to work based on their status as lawful permanent residents.

Federal law allows all work-authorized individuals, regardless of citizenship status, to choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. 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.

Under the terms of the settlement, WinCraft will pay to the United States a civil penalty of $5,400, train its employees on the requirements of the INA’s anti-discriminatory provision (including through a training assessment and Civil Rights Division’s Immigrant and Employee Rights Section (IER) webinar), and be subject to departmental monitoring to review compliance with the settlement.

The Civil Rights Division’s 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 (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.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the District of New Mexico.  Operation Legend launched in Albuquerque on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

An Albuquerque man was charged on Sept. 29, 2020, in federal court for possessing fentanyl, heroin, and more than a kilo of methamphetamine, as well as four firearms.

Toby Randall Walker, 36, was charged with possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, possession with intent to distribute 40 grams and more of fentanyl, possession with intent to distribute heroin and possession of a firearm in furtherance of drug trafficking.

According to the charging documents, on Sept. 29, agents from the Drug Enforcement Administration encountered Walker and located 1,490 grams of methamphetamine, 53.7 grams of fentanyl and 67 grams of heroin in his vehicle.  Agents also located four firearms.

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

The Department of Justice announced today that Advanced Pain Management Holdings Inc. (APMH), its wholly-owned subsidiaries,  APM Wisconsin MSO (“APM MSO”) and Advanced Pain Management LLC (APM LLC); and Advanced Pain Management S.C. (APMSC) (collectively the “APM Entities”) have agreed to pay $885,452 to settle claims that they violated the False Claims Act by paying kickbacks and by performing medically unnecessary laboratory tests.  The APM Entities are headquartered in the Milwaukee, Wisconsin area. 

“Healthcare providers must make recommendations about their patients’ health without respect to their own financial interests,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division.  “We will continue to do our part to protect federal health care program beneficiaries and the American taxpayers from the corrupting influence of kickbacks designed to undermine the impartiality and integrity of physician decision making.”

“The financial arrangements pursued by APMH wrongly gave physicians an incentive to make medical decisions based on their own financial interests, rather than their patients’ interests,” said U.S. Attorney Matthew D. Krueger for the Eastern District of Wisconsin.  “Medicare and Medicaid only pay for procedures and tests that are medically necessary and untainted by kickbacks.  This settlement reflects our office’s continuing efforts to combat violations of the False Claims Act and improper arrangements under the Anti-Kickback Statute.”     

“It is imperative that the public has faith and trust that the decisions made by medical providers are based upon the best interests of their patients” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region.  “The specter of a payment of a kickback in any form or fashion diminishes that faith and trust and can lead to the improper payment and wasting of limited taxpayer dollars. The OIG will continue to work with our investigative partners to ensure the continued integrity of federally funded health care programs.”

The United States alleged that APMH improperly gifted shares of incentive stock to non-employee APMSC physicians who performed pain management procedures at APMH’s ambulatory surgical centers.  The incentive stock was to be redeemed upon a sale of APMH and was dependent on the profitability of APMH, which was determined largely by referrals from the non-employee physicians.  The incentive stock was allegedly given as a reward for past and anticipated referrals to APMH’s ambulatory service centers. 

The United States further contended that APMH paid non-employee APMSC physicians to serve as medical directors in a manner that was tied to the volume of procedures at APMH’s ambulatory surgery centers.  There were no written agreements documenting the services the medical directors were to provide, and the medical directors were not required to record or report any medical director functions.

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by federally funded programs.  The Anti-Kickback Statute is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based on the best interests of the patient.

The United States alleged that the APM Entities performed confirmatory urine drug tests that were medically unnecessary.  For certain claims, providers allegedly failed to customize orders for confirmatory urine drug tests based on each patient’s individualized risk assessment and circumstances, resulting in a higher level of testing than supported by the medical record.  The APM Entities disclosed these improper urine drug test claims to the Department of Health and Human Services. 

The settlement resolves allegations originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery.  The whistleblower will receive $142,152 as her share of the federal recovery in this case.

The APM Entities settlement with the United States is based on their ability to pay, and is part of a broader settlement that also resolves various state law claims.   

The case was handled by the U.S. Attorney’s Office for the Eastern District of Wisconsin with assistance from the Justice Department’s Civil Division, and the U.S. Department of Health and Human Services Office of Inspector General. 

The lawsuit is captioned United States, et al. ex rel. Hedstrom v. Advanced Pain Mgmt., et al., Case No. 13-C-556 (E.D. Wisc.). The claims settled by this agreement are allegations only, and there has been no determination of liability.

With the recent transfer of custody of four defendants, the United States has successfully repatriated all Americans held by the Syrian Democratic Forces (SDF) against whom criminal charges have been lodged for offenses relating to their support for ISIS.  The Department of Justice will review the facts and circumstances relating to any future detainees and, where warranted, bring additional charges against others.

“With this week’s repatriations, the United States has brought back every American supporter of ISIS known to be held by the Syrian Democratic Forces against whom we have charges,” said John C. Demers, Assistant Attorney General for National Security.  “The Department of Justice has worked tirelessly over the years to prevent individuals from leaving America to fight for ISIS and other terrorist groups in Syria and to investigate, repatriate and charge people who willingly left to support these organizations.  This was our moral responsibility to the American people and to the people of the countries to which these terrorists traveled.  The Department has also supported the efforts of other responsible nations to do the same, including by sharing evidence and know-how.  We will continue to do so for any country that takes responsibility for their citizens who left to take up arms in support of ISIS’s reign of hate and intolerance.” 

“Preventing terrorism remains the FBI’s top priority.  Through the hard work and dedication of countless men and women across the FBI and the U.S. government, nearly a dozen citizens have been repatriated from Iraq and Syria over the past several years to face the American justice system,” said John Brown, FBI Executive Assistant Director for National Security.  “This announcement should serve as a warning to those who travel, or attempt to travel, to join and fight with ISIS.  We remain vigilant in our efforts to prevent terrorism as well as hold terrorists, and those who provide support to terrorist organizations, accountable for their actions.  We will continue to work closely with our U.S. government and international partners to present a united front against global terrorism.”

“The United States continues to lead by example by working with the Syrian Democratic Forces to repatriate American citizens accused of supporting ISIS and, where appropriate, prosecuting their alleged crimes in American courts,” said Ambassador Nathan Sales, State Department Coordinator for Counterterrorism. “We call on other nations, particularly in Western Europe, to take responsibility for their citizens, and we thank the FBI and the Department of Justice for their continued commitment to keeping alleged terrorists off of the battlefield.”

The Recently Repatriated

Emraan Ali and Jihad Ali: On Sept. 30, 2020, Emraan Ali and Jihad Ali made their initial appearance in the Southern District of Florida.  Emraan Ali is charged in a complaint with providing and attempting to provide material support to ISIS.  Jihad Ali is charged in a complaint with conspiracy to provide material support to ISIS. According to the criminal complaints, in March 2015, Emraan Ali traveled to Syria with his family, including his son, Jihad Ali, to join ISIS.  Both Emraan Ali and Jihad Ali received military and religious training and served as fighters in support of the terrorist organization.  Emraan and Jihad Ali finally surrendered to the SDF near Baghuz in March 2019, during the last sustained ISIS battles to maintain territory in Syria.

Abdelhamid Al-Madioum: On Sept. 16, 2020, Abdelhamid Al-Madioum, made his initial appearance in the District of Minnesota on an indictment charging him with providing material support to ISIS. According to the allegations in the indictment and a law enforcement affidavit, from July 8, 2015, through March 15, 2019, Al-Madioum knowingly provided material support and resources, including personnel (namely himself) and services to ISIS.  On June 23, 2015, Al-Madioum, a native of Morocco and naturalized U.S. citizen, and his family traveled from St. Louis Park, Minnesota, to Casablanca, Morocco, to visit their extended family.  On July 8, 2015, Al-Madioum left Morocco and traveled to Istanbul, Turkey, and then on to Iraq and Syria, where he joined ISIS.  In March of 2019, Al-Madioum was captured and detained by the SDF.

Lirim Sylejmani: On Sept. 16, 2020, an indictment was unsealed in the federal district court of the District of Columbia charging Lirim Sylejmani, a Kosovo-born naturalized U.S. citizen, with conspiring to provide, providing, and attempting to provide material support to ISIS, and receiving training from ISIS. According to the allegations in the indictment, from November 2015 through February 2019, Sylejmani conspired to provide and provided material support and resources, including personnel and services, to ISIS in Syria and received military training from the terrorist organization.  The defendant was captured by the SDF in 2019 and has spoken to a number of media outlets about his time with ISIS.

Those Previously Repatriated From Syria and Iraq

Prior press releases relating to the six other defendants who were repatriated from Syria and Iraq are included below.  For the latest updates on the cases, please check PACER or contact the relevant U.S. Attorney’s office.

Samantha Marie Elhassani – Northern District of Indiana:

https://www.justice.gov/opa/pr/former-indiana-resident-pleads-guilty-concealing-terrorism-financing

Warren Christopher Clark – Southern District of Texas:

https://www.justice.gov/opa/pr/texas-man-arrested-attempting-provide-material-support-designated-foreign-terrorist

Ibraheem Izzy Musaibli – Eastern District of Michigan:

https://www.justice.gov/opa/pr/michigan-man-who-joined-isis-charged-additional-offenses

Ruslan Maratovich Asainov – Eastern District of New York:

https://www.justice.gov/opa/pr/american-citizen-alleged-isis-sniper-and-weapons-instructor-indicted-providing-material

Omer Kuzu – Northern District of Texas:

https://www.justice.gov/usao-ndtx/pr/repatriated-isis-fighter-pleads-guilty-terror-charge

Mohamad Jamal Khweis – Eastern District of Virginia:

https://www.justice.gov/opa/pr/american-sentenced-20-years-joining-isis

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Northern District of Ohio.  Operation Legend launched in Cleveland on July 29, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

A federal grand jury in Cleveland has returned a four-count indictment against a man on charges of drug trafficking and illegally possessing a firearm.  

"This defendant is accused of illegally possessing an AR-15 rifle and large quantities of deadly narcotics," said U.S. Attorney Justin Herdman.  "Additionally, this defendant has a record of previous drug trafficking and felony offenses.  This case is a prime example of what we are seeking to accomplish under Operation Legend.  Using federal resources and law enforcement partnerships, we are targeting drug traffickers, repeat offenders, violent criminals and those who illegally possess a firearm with intentions of causing havoc in our communities."

Edward T. Harris, 40, of Cleveland, was charged with two counts of possession with intent to distribute a controlled substance and one count of felon in possession of a firearm.

According to court documents, law enforcement agents working as part of Operation Legend executed a search warrant at Harris’ residence.  During the search, agents seized 294 grams of a heroin and fentanyl mixture, 2.59 grams of crack cocaine, an AR-15 rifle and a 9mm semi-automatic pistol.

Harris is prohibited from possessing a firearm due to previous felony convictions.

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend
Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

The Department of Justice’s Antitrust Division announced today that it has completed its review of the proposal by the International Swaps and Derivatives Association Inc. (ISDA) to amend its standardized model documentation for derivatives to account for the potential discontinuation of certain interbank offered rates (collectively referred to as “IBORs”).  The department has concluded, based on the representations in ISDA’s letter request, including its description of certain safeguards, that ISDA’s proposed amendments to its standardized documentation are unlikely to harm competition.  Therefore, the department does not presently intend to challenge ISDA’s proposed amendments to its standardized documentation for derivatives.

“ISDA’s process, including its cooperation with government regulators and its consultation-driven process for obtaining feedback from industry participants, has had the effect of clarifying the practical issues involved in planning for when LIBOR and other IBORs are no longer available and preparing for a smooth transition away from IBORs to other reference rates,” said Assistant Attorney General Makan Delrahim.  “ISDA has put in place safeguards to avoid harm to competition, such as making the selection of the fallback rates voluntary, which allows contracting parties the flexibility to designate alternative competitive rates they may think are more appropriate.”

According to the department’s business review letter, ISDA’s model documents are widely used by financial institutions to engage in swaps, forwards, and other types of derivatives contracts such as interest rate and credit default swaps.  These derivatives contracts incorporate various interbank offered rates (IBORS), including the London Inter-Bank Offered Rate (LIBOR).  Derivatives allow financial institutions to hedge risks they incur when lending or borrowing money.

The department’s business review letter recognizes that ISDA’s proposed amendments to its standardized documents for derivatives contracts are part of a larger effort to use alternative reference rates in financial instruments in the place of IBORs.  This is in part because investigations by U.S. and regulators from other jurisdictions uncovered explicit manipulation of the submissions from certain banks to administrators of LIBOR and other interest rate benchmarks. In addition, the United Kingdom’s Financial Conduct Authority, LIBOR’s regulator, has publicly stated that firms cannot rely on LIBOR being published after 2021. To account for this eventuality, ISDA worked with regulators and industry participants to propose amendments to ISDA’s standardized documentation to incorporate fallback rates and calculation methods so that market participants can, if they so choose, refer to different rates in future derivatives contracts and efficiently amend existing contracts to incorporate the different rates. 

Under the department’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the department currently intends to challenge the action under the antitrust laws based on the information provided.  The department’s conclusions in this business review apply only to ISDA’s Proposed Supplement and Proposed Protocol modifying its standardized documentation.  This business review is not applicable to any other agreements, supplements, proposals, or initiatives relating to ISDA’s work.  The department reserves the right to challenge the proposed action under the antitrust laws if the actual operation of the proposed conduct proves to be anticompetitive in purpose or effect.

Copies of the business review request and the department’s response are available on the Antitrust Division’s website at https://www.justice.gov/atr/business-review-letters-and-request-letters, as well as in a file maintained by the Antitrust Documents Group of the Antitrust Division.  After a 30-day waiting period, any documents supporting the business review will be added to the file, unless a basis for their exclusion for reasons of confidentiality has been established under the business review procedure.  Supporting documents in the file will be maintained for a period of one year, and copies will be available upon request to the FOIA/Privacy Act Unit, Antitrust Documents Group at [email protected].

The Department of Justice today awarded grants totaling $9.4 million to combat elder abuse and financial fraud targeted at seniors across the United States. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. Attorney General William P. Barr announced the awards on the 30th anniversary of the International Day of Older Persons.

“Predators who target older citizens for fraud, financial scams and physical abuse are particularly despicable, turning the golden years of our nation’s seniors into a period of poverty and suffering,” said Attorney General William P. Barr. “The Department of Justice is taking aggressive action, pursuing all legal avenues to bring these criminals to justice and supporting law enforcement officials and service providers as they ferret out scam artists, arrest abusers, and bring aid and relief to victims.”

Approximately $7.9 million of the funds were awarded to jurisdiction and service providers in the United States under two of Office of Justice Programs' (OJP) Office for Victims of Crime (OVC) grant programs. OJP’s National Institute of Justice (NIJ) awarded the remaining $1.4 million for related research projects.

“With lockdowns in place across the country, older adults are especially vulnerable to fraud, neglect and abuse, and criminals have not hesitated to take full advantage,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants, which build on previous Department of Justice investments, will help to turn the tide of deception and predation and restore victims to fiscal security and physical safety.”

Under the direction of Attorney General Barr, the Department of Justice is attacking elder fraud and abuse from all sides. A National Elder Justice Coordinator oversees the department’s work to combat elder fraud, and each of the 94 U.S. Attorneys’ Offices has a prosecutor dedicated to addressing elder justice issues. This past March, the Attorney General announced the results of the largest elder fraud sweep ever conducted, with prosecutors charging more than 400 defendants and the charged elder fraud schemes causing alleged losses of over a billion dollars. Also in March, he launched a national initiative to pursue nursing homes that provide grossly substandard care and a National Elder Fraud Hotline managed by OVC.

FY 2020 grants awarded by OVC and NIJ further the department's mission and priorities by funding direct victim services and research projects that enhance the field's response to victims of elder abuse and financial exploitation. Specific programs being funded include the following:

• OVC’s Enhancing Services for Older Victims of Abuse and Financial Exploitation program awards nearly $6 million to 12 organizations to support communities in providing services to older victims of abuse and exploitation using trauma-informed approaches that protect the safety and confidentiality of victims.
• OVC’s Training for Law Enforcement to Improve Identification of and Response to Elder Fraud Victims program (previously announced) awarded over $1.9 million to provide training and technical assistance to enhance law enforcement's ability to identify elder fraud victims, connect those victims with available services, and bring the fraudsters to justice.
• NIJ’s Research on the Abuse, Neglect, and Exploitation of Elderly Individuals program awarded over $1.4 million to two recipients to fund research projects to, respectively, better differentiate physical abuse of elderly individuals from accidental injury and to improve the reporting of elder abuse.

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/elderabusefactsheet.pdf. More information about OJP and its components can be found at www.ojp.gov.