District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Joint Statement by the U.S. Equal Employment Opportunity Commission, Department of Justice, and Department of Labor Commemorating the 30th Anniversary of the Americans with Disabilities Act and its Impact on the American WorkforceRead the Press Release
July 26, 2020, marked the 30th anniversary of the enactment of the Americans with Disabilities Act (ADA). This landmark civil rights law protects access and opportunity for people with disabilities across community life, including employment.
By ensuring that everyone has an equal opportunity to work, free from discrimination based on disability, the ADA is an affirmation of our nation’s founding ideals and a cornerstone of our efforts to ensure a fully inclusive American workforce and economy.
As we recognize this important milestone, the U.S. Equal Employment Opportunity Commission (EEOC), Department of Justice (DOJ), and Department of Labor (DOL) pay tribute to the ADA’s indelible impact and how it has promoted economic self-sufficiency for individuals with disabilities.
The ADA is about equal opportunity. By safeguarding equal rights for qualified job applicants and employees with disabilities, the ADA ensures that more Americans have equal opportunity to thrive in fulfilling jobs that grow our economy.
To help employers and individuals with disabilities achieve these goals, the EEOC has an extensive program of ADA outreach, and also proactively works to resolve ADA complaints. EEOC’s mediation program is instrumental to this effort. It helps parties reach mutually agreed upon, enforceable resolutions to charges of disability discrimination. Examples of such resolutions include an employer who, after initially rejecting a deaf applicant, hired him and provided an American Sign Language interpreter for trainings, meetings, and performance evaluations; a business that agreed to accommodate an employee with an eating disorder by allowing her to take a longer lunch break; and a public school that reassigned a bus driver to a new position as a teacher’s aide when she could no longer drive due to epilepsy.
Conciliation is another way the EEOC advances the ADA’s goals. Parties who participate in conciliation’s voluntary process can resolve charges efficiently. In many cases, these agreements help spur broader changes that benefit many individuals for years to come. For instance, last year, a nationwide business voluntarily agreed to alter its online application process so that questions actually pertained to the job at hand. This business also agreed to highlight the company’s commitment to providing accommodations to both applicants and employees.
The ADA is about freedom from discrimination. DOJ’s Civil Rights Division collaborates closely with the EEOC to enforce the ADA’s prohibitions on discrimination in employment by state and local governments. By ensuring that people with disabilities have an equal opportunity to become and remain employed, DOJ helps individuals with disabilities to obtain economic self-sufficiency, their own piece of the American dream, and much more. In so doing, DOJ helps make the ADA’s promise of equal employment opportunity a reality for Americans with disabilities across the country.
Through its enforcement efforts, DOJ works to ensure that people with disabilities are judged for their skills and what they are able to contribute, rather than having their employment opportunities limited by stereotypes and assumptions about their disability. For example, DOJ recently settled a case involving a Georgia paramedic, who also worked part-time as an emergency medical technician teaching assistant at a technical college, after the college unlawfully terminated her because she had multiple sclerosis. Similarly, DOJ obtained relief for an applicant for an elevator/escalator parts supervisor position whose job offer was withdrawn after the employer learned the applicant had epilepsy. And DOJ successfully resolved a claim for an individual with dwarfism who was unlawfully screened out from applying for a job as a purchasing manager because of his disability, even though he was qualified for the position.
Through its efforts to prevent and redress discrimination against people with disabilities in the workplace, DOJ helps ensure that Americans with disabilities have equal access to the sense of dignity, pride, purpose, independence, self-worth, belonging, and community that can come with work.
The ADA is about full participation. Through its Office of Disability Employment Policy (ODEP), DOL delivers on the spirit of the ADA, and goes beyond enforcement to help ensure people with disabilities can effectively prepare for, find, and succeed in meaningful careers. ODEP does this by developing and influencing policies and practices that increase both the number and quality of employment opportunities for people with disabilities.
In support of this mission, each year ODEP provides technical assistance to tens of thousands of individuals and employers on the ADA’s employment provisions. For instance, its Job Accommodation Network provides free, confidential guidance on reasonable accommodations in the workplace, a right guaranteed to qualified individuals with disabilities under the law.
A reasonable accommodation is any modification or adjustment to a job or work environment that enables a qualified person with a disability to apply for or perform a job. When requested, employers covered by the ADA are required to provide such accommodations for qualified employees with disabilities, unless doing so would impose an undue hardship.
Accommodations are essentially about flexibility in how, when, and where people work, and this year’s challenges of working during a pandemic demonstrate their basic premise. For instance, for some workers with disabilities, telework may be a reasonable accommodation that enables them to obtain or maintain employment, and in recent months it has helped many people, whether they have a disability or not, to continue working in the face of COVID-19.
Individuals with disabilities have the talents and skills to contribute to America’s workforce, and, often, their experience with disability offers fresh perspectives on how to solve problems and achieve success. In fact, data indicates that companies that increase disability inclusion over time outperform those that do not.[1]
Harnessing the talent and potential of all segments of the population, including people with disabilities, is essential for our economic growth going forward, and increasing access and opportunity is key. The ADA provides the foundation for this, and the EEOC, DOJ, and DOL are committed to continuing to make progress toward its vital goals — for the next 30 years and beyond.
[1] https://www.accenture.com/t20181108t081959z__w__/us-en/_acnmedia/pdf-89/accenture-disability-inclusion-research-report.pdf
Executions Scheduled for Two Federal InmatesRead the Press Release
Attorney General William P. Barr today directed the Federal Bureau of Prisons to schedule the executions of two federal death-row inmates who were each convicted of murder.
- William Emmett LeCroy raped and murdered Joann Lee Tiesler, a 30-year-old nurse, in 2001. LeCroy had previously served 10 years in federal and state prison for, among other crimes, aggravated assault, burglary, child molestation, and statutory rape. After his release to supervised probation, LeCroy began planning to flee the country. In furtherance of that plan, LeCroy broke into Tiesler’s home in Gilmer County, Georgia. Once she returned home, LeCroy attacked her, bound her hands behind her back, strangled her with an electrical cord, and raped her. Then he slashed her throat with a knife and stabbed her in the back five times. LeCroy then stole Tiesler’s vehicle and drove to the Canadian border, where he was arrested. In March 2004, a jury in the U.S. District Court for the Northern District of Georgia found LeCroy guilty of carjacking resulting in death and unanimously recommended a sentence of death. His conviction and sentence were affirmed on appeal, and his requests for collateral relief were rejected by every court that considered them. LeCroy’s execution is scheduled for Sept. 22, 2020.
- Christopher Andre Vialva murdered youth ministers Todd and Stacie Bagley in 1999. While stopping to use a payphone in Killeen, Texas, Todd Bagley agreed to give a ride to Vialva and two of his accomplices. In the victims’ car, Vialva pulled out a gun, forced the Bagleys into the trunk, and drove the vehicle for several hours, stopping at ATMs to withdraw money from the couple’s bank account and trying to pawn Stacie Bagley’s wedding ring. While locked in the trunk, the couple spoke with their abductors about God and pleaded for their lives. Vialva eventually parked at a remote site on the Fort Hood, Texas, military reservation, where an accomplice doused the car with lighter fluid as the couple sang and prayed. Vialva then shot Todd Bagley in the head, killing him instantly, and shot Stacie Bagley in the face, knocking her unconscious and leaving her to die of smoke inhalation after an accomplice set the car on fire. In June 2000, a jury in the U.S. District Court for the Western District of Texas found Vialva guilty of, among other offenses, two counts of murder within the special maritime and territorial jurisdiction of the United States and unanimously recommended two death sentences. His convictions and sentences were affirmed on appeal, and his requests for collateral relief were rejected by every court that considered them. Vialva’s execution is scheduled for Sept. 24, 2020.
The executions will take place at the U.S. Penitentiary in Terre Haute, Indiana.
Statement from Attorney General William P. Barr on Introduction of Lawful Access Bill in the House of RepresentativesRead the Press Release
Today, Attorney General William P. Barr issued the following statement on the introduction of a bill in the U.S. House of Representatives that would give law enforcement access to encrypted data with court approval in order to protect user privacy. The legislation was introduced by Representative Ann Wagner.
“I applaud Representative Wagner for introducing this critical lawful access legislation. Although strong encryption is vital, we cannot allow the tech industry to use encryption that blinds law enforcement and prevents it from thwarting or investigating serious crimes and national security threats, including terrorist plots, cyberattacks, and sexual exploitation.
The danger is particularly great for children, especially during this time of coronavirus restrictions when children are spending more time online. Survivors of child sexual abuse and their families have pleaded with technology companies to do more to prevent predators from exploiting their platforms to harm children. Unfortunately, these companies have not done enough, which is why this legislation is needed.
Privacy and public safety are not mutually exclusive. I am confident that the tech industry can design strong encryption that allows for lawful access by law enforcement. Encryption should keep us safe, not provide a safe haven for predators and terrorists.”
Owner of New York Tax Preparation Business Pleads Guilty to Conspiring to File False ReturnsRead the Press Release
WASHINGTON – A Queens, New York return preparer pleaded guilty today to conspiracy to defraud the United States by filing false returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents and statements made in court, Richard Barker owned and operated a tax return preparation business under the names Tax Depot Inc. and KPS Kampant, Parkinson, Sinclair & Co. Inc. From 2011 through 2017, Barker conspired with other individuals to file returns for clients falsely reporting significant tax withholdings, in an effort to fraudulently inflate refunds from the IRS. Barker also admitted that he filed returns for himself, a coconspirator, and others, claiming more than $530,000 in fraudulent refunds from the IRS. In all, Barker caused a loss of at least $460,000 to the United States.
U.S. District Judge Eric R. Komitee will schedule sentencing a later date. At sentencing, Barker faces a maximum sentence of five years in prison. Barker also faces a period of supervised release, restitution, and monetary penalties.
Barker was previously charged in a January 2020 indictment alleging that Barker and two associates, Ricardo Andujar and Jose Andreu, conspired to defraud the United States. Andreu was also charged with filing false returns for himself, claiming approximately $182,000 in fraudulent refunds. Andreu’s case is pending. Andujar remains at large.
An indictment merely alleges that crimes have been committed. The defendants are presumed innocent until proven guilty beyond a reasonable doubt.
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.
Japanese Shipping Company Fined $1.5 Million for Concealing Illegal Discharges of Oily WaterRead the Press Release
Misuga Kaiun Co. Ltd. (MISUGA), a Japanese-based company engaged in international shipping, was sentenced yesterday in federal court before U.S. District Court Judge Paul G. Byron in Orlando, Florida.
The company pleaded guilty to violating the Act to Prevent Pollution from Ships for failing to accurately maintain an oil record book that covered up discharges of oily water from the Motor Vessel (M/V) Diamond Queen. MISUGA was sentenced to pay a fine of $1.5 million, placed on probation for a period of four years, and ordered to implement a comprehensive Environmental Compliance Plan as a special condition of probation.
“The world’s oceans are an important natural resource,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “This prosecution demonstrates the department’s continuing commitment to protecting our ocean resources and upholding the rule of law.”
“Our oceans and waterways are essential to the health and balance of the world’s ecosystem,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “Those who act with reckless disregard for the safety of our environment by willfully polluting or contaminating it put everyone at risk, and will be held accountable for their actions.”
“The results announced today send a strong message to anyone who seeks to take shortcuts and intentionally pollute our environment,” said Rear Adm. Eric C. Jones, Commander Coast Guard District Seven. “I am proud of the hard work and dedication of our marine inspectors from Marine Safety Detachment Cape Canaveral, as well as our special agents from Coast Guard Investigative Service Southeast Region, during a time when many may think we are distracted by the pandemic. We will continue to work with our Department of Justice and environmental protection partners to hold accountable any who put profit above regulations, threaten our coastal ecosystems and jeopardize our waters and harbors for future generations.”
“The Coast Guard Investigative Service will continue to proactively investigate environmental crime, which costs our communities not only monetarily but also impacts the health and safety of our waterways, and all those who rely on them,” said Special Agent in Charge Zinnia James of the Southeast Region of the Coast Guard Investigative Service.
In pleading guilty, MISUGA admitted that the chief engineer onboard the M/V Diamond Queen, a 34,800 gross-ton, 656-foot ocean-going commercial bulk carrier, knowingly failed to record the overboard discharge of oily bilge water without the use of required pollution-prevention equipment. The discharges occurred on multiple occasions, from approximately April 2019 until the vessel arrived in Port Canaveral, Florida, on May 22, 2020. The chief engineer, Cloyd Dimapilis, also pleaded guilty to falsifying the oil record book, and was sentenced to one year of probation.
According to the plea agreement, MISUGA operated the M/V Diamond Queen. Prior to the ship’s arrival in Port Canaveral on May 22, a junior crewmember informed the U.S. Coast Guard that he had information about illegal discharges that had taken place on the vessel. The U.S. Coast Guard dispatched Port State Control Examiners to conduct an inspection of the vessel. Examiners discovered evidence of the system that was used to discharge oily water from the vessel in order to bypass the vessel’s oily water separator.
Senior Trial Attorney Kenneth Nelson of the Environmental Crimes Section and Assistant U.S. Attorney John Gardella of the Middle District of Florida are prosecuting the case. The prosecution is the result of an investigation by the Coast Guard Investigative Service, Marine Safety Detachment Port Canaveral, and Coast Guard Sector Jacksonville.
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.
Statement of AAG Makan Delrahim Thanking Participants in Workshop on Competition in the Licensing of Public Performance Rights in the Music IndustryRead the Press Release
On Wednesday July 29, the Justice Department’s Antitrust Division concluded its two-day virtual workshop on competition in the licensing of public performance rights in the music industry.
“I want to thank our panelists and keynote songwriters for participating in this important workshop on the ASCAP and BMI consent decrees,” said Assistant Attorney General Makan Delrahim. “Watching and listening to them over the last two days, I was struck by how many talented people with very different backgrounds the workshop brought together. Songwriters, lawyers, economists, and CEOs obviously have very different skill sets. Yet all the participants were exceptional, talented, and insightful.”
“This diverse representation underscores the free market principles that the Antitrust Division defends. The ability to succeed as an entrepreneur, as an innovator, as a songwriter, or as another creative professional is the economic freedom promised by competitive markets. That freedom is what the attorneys and economists at the Antitrust Division devote themselves to upholding.”
“This week’s proceedings underscored that liberty in free markets is important to our country, and it’s important to the music industry. As the Antitrust Division considers the appropriate path forward, we will strive to find the one that best supports this critical industry.”
The participants in the event included:
- LeAnn Rimes
- Pharrell Williams
- Jon Bon Jovi
- David Israelite, President and CEO, National Music Publishers’ Association (NMPA)
- Michelle Lewis, Executive Director, Songwriters of North America (SONA)
- Elizabeth Matthews, CEO, American Society of Composers, Authors, and Publishers (ASCAP)
- Michael O’Neill, President and CEO, Broadcast Music Inc. (BMI)
- The Honorable Gordon Smith, President and CEO, National Association of Broadcasters (NAB)
- Jackie Brenneman, General Counsel, National Association of Theatre Owners
- Ted Cohen, Managing Partner, TAG Strategic
- David Kokakis, Chief Counsel, Universal Music Publishing Group
- Janet McHugh, Executive Director, TV Music License Committee
- Mike Steinberg, Executive Vice President of Creative and Licensing, BMI
- Danielle Aguirre, Executive Vice President and General Counsel, NMPA
- Jordan Bromley, Board Member, Music Artists Coalition
- Bart Herbison, Executive Director, Nashville Songwriters Association International
- Clara Kim, Executive Vice President and General Counsel, Business and Legal Affairs, ASCAP
- Jack Kugell, Board Member, SONA
- John Bodnovich, Executive Director, American Beverage Licensees
- Peter Brodsky, General Counsel and Executive Vice President, Business Affairs, Sony/ATV Music Publishing
- Rick Kaplan, General Counsel and Executive Vice President, Legal and Regulatory Affairs, NAB
- Stuart Rosen, Senior Vice President and General Counsel, BMI
- Tres Williams, Executive Vice President, Business Affairs, iHeartMedia, Inc.
- Adam B. Jaffe, Brandeis University
- Kevin M. Murphy, University of Chicago
A transcript and video of the proceedings will be available in the coming days on the workshop page, located at https://www.justice.gov/atr/events/public-workshop-competition-licensing-music-public-performance-rights. Assistant Attorney General Makan Delrahim’s opening statement is available at here.
Operation Legend Expanded to Cleveland, Detroit, and MilwaukeeRead the Press Release
Today, the expansion of Operation Legend was announced in Cleveland, Detroit, and Milwaukee. Operation Legend is 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. The Operation was first launched on July 8 in Kansas City, Missouri, and expanded on July 22, 2020, to Chicago and Albuquerque.
Operation Legend 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 first federal arrest under Operation Legend was announced on July 20.
“The most basic responsibility of government is to protect the safety of our citizens,” said Attorney General William P. Barr. “Today, we have extended Operation Legend to Cleveland, Detroit, and Milwaukee, three cities that have seen disturbing increases in violent crime, particularly homicides. For decades, the Department of Justice has achieved significant success when utilizing our anti-violent crime task forces and federal law enforcement agents to enforce federal law and assist American cities that are experiencing upticks in violent crime. The Department of Justice’s assets will supplement local law enforcement efforts, as we work together to take the shooters and chronic violent criminals off of our streets.”
As part of Operation Legend, Attorney General Barr directed the FBI, U.S. Marshals Service, DEA, and ATF to significantly increase resources into Cleveland, Detroit, and Milwaukee in the coming weeks to help state and local officials fight high levels of violent crime, particularly gun violence. Cleveland is currently experiencing a significant increase in violent crime, with homicides currently up more than 13 percent and shootings up over 35 percent over 2019. Similarly, homicides are up in Detroit nearly 31 percent and shootings resulting in wounds are up over 53 percent. In Milwaukee, homicides are up 85 percent this year, and non-fatal shootings are up 64 percent.
In Cleveland, the Department of Justice will supplement state and local law enforcement agencies by sending more than 25 federal investigators from the FBI, DEA, and ATF to the city. Under the leadership of Justin Herdman, U.S. Attorney for the Northern District of Ohio, these investigators will complement the work already underway by existing joint federal, state and local task forces focused on combating violent gangs, gun crime, and drug trafficking organizations.
The Bureau of Justice Assistance will make available $1 million to support Operation Legend’s violent crime reduction efforts in Cleveland, and the COPS Office has also made almost $10 million available to the Cleveland Police Department to fund the hiring of 30 officers, five Ohio State Highway Patrol troopers, and four Adult Parole Authority officers.
In Detroit, the Department of Justice will supplement state and local law enforcement agencies by sending approximately 42 federal agents from the FBI, DEA, and ATF to the city. An additional 10 Detroit ATF agents have been reassigned to work on violent gun crimes. Under the leadership of Matthew Schneider, U.S. Attorney for the Eastern District of Michigan, these federal agents will work cooperatively with the Detroit Police Department to combat gun and gang violence, as they have been doing since December 2019. These additional resources include 11 new and permanent ATF Special Agents and five new and permanent FBI Special Agents who will focus on violent crime in the City of Detroit.
The Bureau of Justice Assistance will make available $1.4 million to support Operation Legend’s violent crime reduction efforts in Detroit, and the COPS Office has also made $2.4 million available to the Detroit Police Department to fund the hiring of 15 officers.
In Milwaukee, the Department of Justice will supplement state and local law enforcement agencies by sending more than 25 federal investigators from the FBI, DEA, ATF, and U.S. Marshals Service to the city. Under the leadership of Matthew Krueger, U.S. Attorney for the Eastern District of Wisconsin, these investigators will complement the work already underway by existing joint federal, state and local task forces focused on combatting violent crime, including offenses involving firearms and violent drug trafficking organizations. 10 of those federal investigators are assigned to work in Milwaukee temporarily to provide immediate assistance, and the others will be assigned over the coming year to Milwaukee permanently to provide long-term assistance.
The Bureau of Justice Assistance will make available $1.9 million in funding to support Operation Legend’s violent crime reduction efforts in Milwaukee, and the COPS Office has also made $10.2 million available to the Police Departments of Milwaukee, Wauwatosa, and Cudahy to fund the hiring of 29 officers.
The Department has also provided assistance through the Joint Law Enforcement Operations (JLEO) fund to assist reimbursement of local law enforcement serving as federal task force officers with FBI, ATF, DEA, and the U.S. Marshals Service. Each city will receive $100,000 from ATF to help local agencies defray costs associated with installing or maintaining shot detection technology.
Execution Rescheduled for Federal Inmate Convicted of Brutally Murdering a Grandmother and her Nine-Year-Old GranddaughterRead the Press Release
Attorney General William P. Barr today directed the Federal Bureau of Prisons to reschedule the execution of Lezmond Mitchell, a federal death-row inmate who was convicted more than 17 years ago of the brutal murders of a grandmother and her nine-year-old granddaughter. The execution, initially scheduled for last December, is now scheduled to occur on August 26, 2020, at the U.S. Penitentiary in Terre Haute, Indiana.
In October 2001, Mitchell murdered Alyce Slim, a 63-year-old grandmother, and her nine-year-old granddaughter as part of a carjacking in Arizona. After getting a ride from Slim in her pickup truck, Mitchell and an accomplice stabbed her 33 times and threw her body into the backseat beside her granddaughter. Mitchell then drove the truck 30-40 miles into the mountains, ordered the girl “to lay down and die,” slit her throat twice, and crushed her head with rocks. Mitchell and his accomplice proceeded to sever the heads and hands of the victims’ bodies and burn their clothes. Mitchell later confessed to the murders. In May 2003, a jury in the U.S. District Court for the District of Arizona found him guilty of numerous federal crimes — including first-degree murder, felony murder, and carjacking resulting in death — and he was sentenced to death. His convictions and sentence were affirmed on appeal, and his claims for collateral relief were denied by every court that considered them.
Mitchell’s execution was initially scheduled for December 2019, but the U.S. Court of Appeals for the Ninth Circuit entered a stay of execution while it resolved an additional appeal by Mitchell. The court of appeals unanimously rejected Mitchell’s claim in April 2020 and denied his request for full-court rehearing earlier this month. When the Ninth Circuit stay formally concludes, no legal impediments will bar the execution, and it can occur without further delay.
Utah Man Posing as Medical Doctor to Sell Baseless Coronavirus Cure Indicted on Fraud ChargesRead the Press Release
Utah resident Gordon H. Pedersen has been indicted for posing as a medical doctor to sell a baseless treatment for coronavirus (COVID-19). According to the indictment returned by a federal grand jury in Salt Lake City late last week, Pedersen fraudulently promoted and sold ingestible silver-based products as a cure for COVID-19 despite having no evidence that his products could treat or cure the disease. Pedersen is also alleged to have claimed to be a physician and worn a stethoscope and white lab coat in videos and photos posted on the Internet to further his alleged fraud scheme.
In a related matter, the company Pedersen previously co-owned, My Doctor Suggests LLC (My Doctor Suggests), has agreed to plead guilty to a one-count criminal information related to its false and misleading marketing of ingestible silver products as a drug treatment for COVID-19. The company has severed ties with Pedersen and agreed to cooperate in his prosecution. The criminal information filed Thursday in the U.S. District Court for the District of Utah are part of a global resolution with My Doctor Suggests that also includes a civil consent order requiring the company to cease fraudulently labeling its products and to issue full refunds to affected consumers.
“The Department of Justice will take swift action to protect consumers from those who offer phony cure-alls for the treatment and prevention of COVID-19,” said Acting Assistant Attorney General Ethan Davis. “We will continue to work closely with our partners at the Food and Drug Administration to quickly shut down schemes to promote and sell unlawful products during this pandemic.”
“In addition to the imposition of a civil restraining order that successfully shut down fraudulent claims of a COVID-19 cure-all, Mr. Pedersen now faces criminal charges for his conduct. The federal felony allegations are serious, especially against the backdrop of this pandemic where Americans are yearning for effective relief. If proven, this conduct reveals a scheme where greed was a higher priority than conveying truth to consumers,” said U.S. Attorney John W. Huber for the District of Utah.
The indictment against Pedersen alleges that, beginning in early 2020, he conducted a scheme to defraud consumers throughout the United States, by falsely presenting himself as a medical doctor and promoting and selling silver products on the Internet based on fraudulent claims of protection against, and treatment for, COVID-19, in the midst of a worldwide pandemic.
According to the criminal information filed Friday, My Doctor Suggests made false and misleading claims that the company’s silver-based products could be ingested to protect against COVID-19 and the products lacked the necessary directions for use as a drug product. The information also allege My Doctor Suggests operated without properly registering with the Food and Drug Administration (FDA). It is anticipated My Doctor Suggests will plead guilty to a single misdemeanor count of distributing misbranded drug products in interstate commerce in violation of the Food, Drug, and Cosmetic Act.
“The FDA is actively monitoring the marketplace for fraudulent products represented as preventing, curing, or treating COVID-19. Americans expect and deserve treatments that are safe, effective and meet appropriate standards, and the agency will continue to bring to justice those who place profits above the public health during this pandemic,” said Judy McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration. “Today’s announcement should serve as a reminder that we will take action against those who jeopardize the health of Americans while taking advantage of a crisis.”
The Department of Justice previously sought and obtained an emergency court order in the U.S. District Court for the District of Utah, alleging in its civil complaint that My Doctor Suggests worked with two co-defendants, Pedersen and his company GP Silver LLC, to fraudulently promote and sell various silver products for the treatment and prevention of COVID-19. Subsequent orders temporarily enjoined Pedersen, GP Silver LLC, and My Doctor Suggests from distributing silver products as well as representing they could cure, mitigate, treat, or otherwise prevent COVID-19 or any other disease. The recent consent order permanently enjoins My Doctor Suggests LLC from making these representations, and it provides a notification and refund process for deceived consumers.
The consent order specifically requires that My Doctor Suggests LLC permanently stop any fraudulent promotions, clearly and conspicuously disavow any statement that its silver products treat or prevent COVID-19 in future marketing materials and consumer notices, implement robust compliance measures to prevent a reoccurrence, and provide full refunds upon request to any customer who purchased its silver products under fraudulent pretenses. Affected customers can contact My Doctor Suggests LLC at (1-866- 660-9868) or [email protected].
An indictment is an accusation by a federal grand jury and is not evidence of guilt. The defendant should be presumed innocent unless and until proven guilty.
The criminal action is being prosecuted by Assistant U.S. Attorney Jacob Strain from the U.S. Attorney’s Office for the District of Utah with assistance from Trial Attorney Matt Lash from the Department of Justice, Civil Division’s Consumer Protection Branch and James Smith from the FDA’s Office of Chief Counsel. The criminal case was investigated by the FDA’s Office of Criminal Investigations and the FBI’s Utah Field Office.
The civil enforcement action was handled by Trial Attorneys Speare I. Hodges and Sarah Williams of the Department of Justice, Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Joel A. Ferre, with support from FDA’s Office of Criminal Investigations.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of Utah, visit its website at https://www.justice.gov/usao-ut. For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
The public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at [email protected].
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Justice Department Issues Business Review Letter to Avanci for Proposed Licensing Platform to Advance 5G Technology for Interconnected AutomobilesRead the Press Release
The Department of Justice’s Antitrust Division announced today that it has completed its review of Avanci’s new Platform for licensing “Fifth Generation” (5G) telecommunications technology in the automotive industry. As part of its review, the Division interviewed a broad range of stakeholders, including automakers, automotive suppliers, potential licensors, and others, and considered letters issued to other patent pools in similar emergent technologies. The Department has concluded that, on balance, and based on the representations in Avanci’s letter request, Avanci’s proposed 5G Platform is unlikely to harm competition.
“The Avanci 5G Platform may pave the way for new connectivity to be incorporated efficiently into vehicles that will enhance the safety and functionality of cars across the United States,” said Assistant Attorney General Makan Delrahim. “The 5G Platform can facilitate the licensing of potentially thousands of cellular standard essential patents that Avanci has said it will provide access to at rates that are fair, reasonable, and nondiscriminatory (FRAND). We also are pleased that Avanci has put in place safeguards that can help the Platform avoid harming competition.”
According to the Department’s business review letter, Avanci’s 5G Platform may make licensing standard essential patents related to vehicle connectivity more efficient by providing automakers with a “one stop shop” for licensing 5G technology. The Platform also has the potential to reduce patent infringement and ensure that patent owners who have made significant contributions to the development of 5G “Release 15” specifications are compensated for their innovation. Avanci represents that the Platform will charge FRAND rates for the patented technologies, with input from both licensors and licensees.
In addition, Avanci has incorporated a number of safeguards into its 5G Platform that can help protect competition, including licensing only technically essential patents; providing for independent evaluation of essential patents; permitting licensing outside the Platform, including in other fields of use, bilateral or multi-lateral licensing by pool members, and the formation of other pools at levels of the automotive supply chain; and by including mechanisms to prevent the sharing of competitively sensitive information. The Department’s review found that the Platform’s essentiality review may help automakers license the patents they actually need to make connected vehicles. In addition, the Platform license includes “Have Made” rights that creates new access to cellular standard essential patents for licensed automakers’ third-party component suppliers, permitting them to make non-infringing components for 5G connected vehicles. The Department made no assessment of whether Avanci’s licensing model, focused on automakers, ultimately will be successful in the automotive industry, which typically relies on suppliers to secure patent licenses.
Under the Department of Justice’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the Antitrust Division 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 Avanci’s 5G Platform. They are not applicable to any other agreements or initiatives relating to standards or arrangements for the licensing of 5G-related patents. 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].
Antitrust Division Names Taylor Owings Acting Chief of StaffRead the Press Release
Assistant Attorney General Makan Delrahim of the Justice Department's Antitrust Division today announced that Taylor Owings will serve as Acting Chief of Staff and Senior Counsel of the Antitrust Division. Owings, who has served as Counsel to the Assistant Attorney General since February 2018, will replace outgoing Chief of Staff William Rinner. Rinner will continue to serve as Senior Counsel until his planned departure from the Department in the coming months.
“Taylor has excelled in her role as Counsel, advising on appellate and intellectual property issues, as well as overseeing matters in the Technology & Financial Services Section and civil matters in the San Francisco Office. In addition to her primary responsibilities, Taylor has made herself invaluable whenever a critical or novel issue comes up,” said Delrahim. “I fully expect to continue to rely on her wise counsel and for her to bring her great dedication and initiative to the role of Chief of Staff.”
For the past year, Owings has served on the leadership team organizing the Antitrust Division’s role in the Department’s on-going review of market-leading online platforms. For her work since entering the Department, she received the Assistant Attorney General’s Award of Distinction in 2018 and the Attorney General’s Award for Distinguished Service in 2019.
Prior to the Antitrust Division, Owings practiced antitrust law at law firms in San Francisco and Washington, D.C. She clerked for the Hon. Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia and the Hon. Richard J. Leon of the U.S. District Court for the District of Columbia. She graduated Order of the Coif from Vanderbilt University Law School, where she served on the board of the Vanderbilt Law Review. She also has a Master of Science degree from the London School of Economics and a B.A. in Economics, magna cum laude, from Harvard College.
United States Files Complaint to Stop Deceptive and Improper Sales of Consumer Background ReportsRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), today announced that the United States filed a civil complaint to stop a California company from deceiving customers in connection with its sale of subscriptions to a consumer background report service, and to seek redress for injury to consumers as well as civil penalties.
The Department of Justice filed the complaint on July 27 in the U.S. District Court for the Central District of California against MyLife.com, Inc. and the company’s founder and chief executive officer, Jeffrey Tinsley. The complaint alleges that the defendants sell subscriptions to their website’s consumer background report service by implying, often falsely, that individuals have criminal or sexual offense records that can be viewed only by buying a subscription. According to the complaint, the defendants also misrepresent or fail to disclose material terms of those subscriptions, including that payment for multiple months is charged upfront, that subscriptions will automatically renew, and that the subscription or automatic renewal could be cancelled only by calling a customer service center that prevented or discouraged cancellations. The complaint alleges that this conduct violates the FTC Act, the Telemarketing Sales Rule, and the Restore Online Shoppers’ Confidence Act.
According to the complaint, the defendants are also violating the Fair Credit Reporting Act because they promote use of their background reports for employment decisions, tenant screening, or other prohibited purposes—and know consumers use the reports for such purposes—but they lack reasonable procedures to ensure maximum possible accuracy of their background reports or to determine who is using them and why.
“Americans should be able to shop online and by phone with confidence that they are not being deceived about the services they are buying or the terms of sale,” said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice’s Civil Division. “The Department of Justice is committed to working with the FTC to protect consumers from deceptive sales practices and from so-called credit reports that may contain inaccurate information and be used for improper purposes.”
The complaint seeks a permanent injunction to prohibit the defendants from future violations, as well as monetary civil penalties and relief to redress injury caused to consumers.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
The case is being handled by attorneys in the Civil Division’s Consumer Protection Branch, including Senior Litigation Counsel Lisa K. Hsiao and Trial Attorneys Patrick R. Runkle and Zachary A. Dietert, in conjunction with staff at the FTC’s Division of Privacy and Identity Protection.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Justice Department Settles Claim Against Virginia-Based Staffing Company for Improperly Favoring Temporary Visa Workers over U.S. WorkersRead the Press Release
The Justice Department announced today that it reached a settlement agreement with ASTA CRS Inc., a provider of IT staffing and consulting services with offices in Ashburn, Virginia, and Greenbelt, Maryland. This is the ninth settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The settlement resolves a claim that ASTA’s Maryland office discriminated against U.S. workers because of their citizenship status when it posted a job advertisement specifying a preference for non-U.S. citizens who held temporary work visas.
“When a company advertises a job by stating a preference for temporary visa workers, it deters qualified and available U.S. workers from applying and denies those U.S. workers equal opportunity to compete for that employment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Our message to workers is clear: if companies advertise a preference for temporary visa holders over U.S. workers, the Department of Justice will hold them accountable. This is especially important at a time when more U.S. workers may be seeking employment as a result of the economic impact of COVID-19.”
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, H-2B and F-1 visa programs.
Based on its investigation of ASTA, the department concluded that ASTA’s Maryland office posted a job advertisement aimed exclusively at non-U.S. citizens with certain temporary visas, including H-1B visas and F-1 student visas. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from discriminating in hiring by preferring candidates with temporary work visas over U.S. workers. Under the INA, employers cannot discriminate based on citizenship, immigration status or national origin at any stage of their hiring process, including the posting of job advertisements, regardless of whether it affects the final hiring outcome.
Under the terms of the settlement agreement, ASTA will train its employees on the requirements of the INA’s anti-discrimination provision, change its policies and procedures to comply with this law, and be subject to two years of department monitoring requirements, including providing regular reports to the department.
The Civil Rights Division’s IER Section is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
El Departamento de Justicia Resuelve una Acusacion contra una Compañía de Contrataciones con Sede en Virginia por Dar Preferencia, de Manera Impropia, a Trabajadores con Visas Temporales sobre Trabajadores en Este PaísRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con ASTA CRS, Inc., un proveedor de servicios de contratación y asesoría en el ámbito de la informática que tiene oficinas en Ashburn, Virginia, y Greenbelt, Maryland. Este representa el noveno acuerdo al amparo de la Iniciativa para la Protección de los Trabajadores en los EE. UU. de la División de Derechos Civiles. Su meta es enfocarse en, investigar a y tomar medidas de aplicación de la ley contra compañías que discriminen a trabajadores en este país a favor de trabajadores con visas temporales. El acuerdo resuelve una acusación de que la oficina de ASTA en Maryland discriminó a trabajadores en este país por motivos de su estatus de ciudadanía al publicar una oferta de trabajo que indicó una preferencia por trabajadores no ciudadanos de los EE. UU. que tenían visas temporales de trabajo.
«Cuando una compañía anuncia un puesto de trabajo y declara su preferencia por trabajadores con visas temporales, disuade a trabajadores cualificados y disponibles en este país de solicitarlo y deniega a trabajadores en este país la igualdad de oportunidades para competir para aquel empleo», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Que quede claro nuestro mensaje para los trabajdores: si una compañía anuncia una preferencia por trabajadores con visas temporales sobre trabajadores en este país, el Departamento de Justicia la hará rendir cuentas ante sus acciones. Esto es especialmente importante en un momento en que más trabajadores en este país podrían estar buscando empleo como resultado del impacto económico de COVID-19».
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de los Trabajadores en los EE. UU. y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectados en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que discriminaron en su uso de los programas de visa de H-1B, H-2A, H-2B y F-1.
Con base en su investigación de ASTA, el Departamento concluyó que la oficina de ASTA en Maryland publicó una oferta de trabajo dirigida exclusivamente a trabajadores no ciudadanos de los EE. UU. con ciertas visas temporales, entre ellos las visas H-1B y las visas estudiantiles F-1. La disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores discriminen en los procesos de contratación dando preferencia a candidatos con visas temporales de trabajo sobre a trabajadores en este país. Conforme la INA, a los empleadores queda prohibido discriminar a trabajadores por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de los mismos en cualquiera de las fases del proceso de contratación, lo que incluye la publicación de ofertas de trabajo, independientemente de si tal discriminación afecta el resultado final de la contratación.
Según los términos del acuerdo, ASTA capacitará a sus empleados en cuanto a los requisitos de la disposición antidiscriminatoria de la INA, cambiará sus políticas y procedimientos para que cumplan con esta ley y se someterá a los requisitos de supervisión por parte del Departamento durante dos años, lo que incluye la entrega de informes rutinarias al Departamento.
La Sección de IER de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en su estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; y las represalias o la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Para más información sobre protecciones contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Department of Justice Announces Guidance on Religious Liberty Protections in Grant ProgramsRead the Press Release
Following the Supreme Court’s opinion in Espinoza v. Montana Department of Revenue, today the Department of Justice issued guidance summarizing religious liberty protections applicable to organizations that participate in the Department’s grant programs. The guidance, an initiative of the Department’s Religious Liberty Task Force, reiterates the fundamental premise affirmed by the Supreme Court in Espinoza that “[t]he Free Exercise Clause . . . ‘protects religious observers against unequal treatment’ and against ‘laws that impose special disabilities on the basis of religious status.’” [1] For that reason, absent a compelling government interest, the Department shall not disqualify otherwise eligible recipients from a public benefit solely because of their religious character.
“The Department is pleased to work with a diverse array of organizations, including faith-based organizations, to provide critical services to our communities,” said Claire McCusker Murray, Principal Deputy Associate Attorney General and co-Vice-Chair of the Religious Liberty Task Force. “We recognize that faith-based organizations may have questions or concerns about how they can provide these secular services while maintaining their religious character. The guidance released today is intended to answer those questions and help ensure that faith-based organizations can compete on an equal footing with secular organizations for Department grants.”
“The guidance is an important affirmation of the Department’s commitment to ensure that individuals and organizations driven by faith to serve the community are not subject to unequal treatment by virtue of their religious identity,” said Beth A. Williams, Assistant Attorney General for the Office of Legal Policy and co- Vice-Chair of the Religious Liberty Task Force.
As a corollary to the guidance, the Office of Justice Programs (OJP), the Department’s largest grant-funding component, created a comprehensive webpage to provide information on federal law protections for faith-based and other organizations. The webpage also facilitates the submission of complaints if an organization believes that it has been discriminated against. OJP administers grant programs for a wide array of public safety initiatives. Last year alone, OJP awarded grants totaling over $5 billion.
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.
To view the guidance, please click here.
[1] Espinoza v. Mont. Dep’t of Revenue, No. 18-1195, 2020 WL 3518364, --- U.S. --- (U.S. June 30, 2020), slip op. at 5 (citation omitted).
Americans with Disabilities Act Celebrates 30 YearsRead the Press Release
BILLINGS— The U.S. Attorney’s Office for the District of Montana is proud to play a critical role in the Department of Justice’s enforcement efforts under the Americans with Disabilities Act (ADA), which this year marks 30 years since the signing of the landmark legislation. The ADA was signed into law on July 26, 1990 and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
"The ADA has transformed the lives of countless Americans with disabilities by removing barriers and ensuring equal access to all aspects of everyday life. We will continue to enforce the civil rights protections under the law, support those with disabilities and urge Montanans to report any violations," U.S. Attorney Kurt Alme said.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but for too long were largely inaccessible to individuals with disabilities. Whether in employment; areas of civic life; or in the day-to-day activities and access to goods and services – the ADA requires steps be taken to ensure access for all.
During the past 30 years, the country has undertaken the hard work of changing attitudes about disability, tearing down barriers to equality, and dismantling the systems that have historically excluded people with disabilities. Today, the country commemorates the many ways the ADA has transformed our society—by replacing exclusion with access, segregation with integration, and limitations with self-determination. The ADA has advanced the promise of the American dream, ensuring that people with disabilities can write their own stories. Society is better and stronger because of the contributions from people with disabilities.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov.
To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/.
For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
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Statement of Civil Rights Division Assistant Attorney General Eric Dreiband on the 30th Anniversary of the Americans with Disabilities ActRead the Press Release
Assistant Attorney General for the Civil Rights Division Eric Dreiband released the following statement on the 30th anniversary of the Americans with Disabilities Act (ADA):
“With the passage of the ADA, our nation committed itself to a clear and comprehensive mandate: the elimination of discrimination against people with disabilities. As President George H.W. Bush said just before he signed the ADA into law, “with today’s signing of the landmark Americans for Disabilities Act, every man, woman, and child with a disability can now pass through once-closed doors into a bright new era of equality, independence, and freedom.”
Today, on the thirtieth anniversary of this historic law, we commemorate the many ways that the ADA has transformed our society — by replacing exclusion with access, segregation with integration, and limitations with self-determination. The ADA has advanced the promise of the American dream, ensuring that people with disabilities enjoy the same opportunity as all Americans to participate in everything this great nation has to offer.
Since the passage of the ADA, the Civil Rights Division has been at the forefront of enforcing its protections and vindicating the rights of people with disabilities across this country. The division works day in and day out to further the goals of the ADA — through mediation, technical assistance, outreach, and enforcement.
Since 2017, the department has entered into more than 200 agreements to further accessibility for people with disabilities. From ensuring equal employment opportunities to ensuring equal access to polling places; from ensuring inclusive child care and schools to ensuring nondiscriminatory health care — the breadth of the division’s work reflects the remarkable breadth of the statute itself.
Indeed, the department’s work enforcing the ADA touches every aspect of American life. For instance, in the area of employment, the department works to ensure that people with disabilities have an equal opportunity to pursue their career goals. In the housing sphere, the department strives to ensure that people with disabilities have an equal opportunity to access housing, including through its through its work to ensure the accessibility of rental offices and its challenges to discriminatory zoning laws.
With respect to education, the department’s enforcement efforts span from early learning centers through postsecondary programs to ensure that the doors of educational opportunity are fully open to students with disabilities. And the department’s ADA Voting Initiative helps voters with disabilities to exercise one of their most fundamental rights — to cast their ballot on the same terms and with the same level of independence and privacy as voters without disabilities. Through this initiative, the department has surveyed more than 2,000 polling places and increased polling place accessibility in more than 50 jurisdictions.
The department also recognizes that equal access to medical providers like doctor’s offices, pharmacies, and hospitals is vital to ensuring the wellbeing of people with disabilities. The department’s Barrier-Free Health Care Initiative ensures that people with disabilities are able to access health care, without physical, attitudinal, or communication barriers. And recognizing that transportation serves as a gateway to participation in all aspects of community life, the department continues to vigorously enforce the ADA’s guarantees of increased access to public and private transportation.
Finally, the department’s efforts to enforce the Supreme Court’s decision in Olmstead v. L.C. to redress the unnecessary segregation of people with disabilities go to the heart of the ADA’s promises. Through the department’s Olmstead work, more than 50,000 individuals with disabilities now have opportunities to live and work in their communities, alongside their neighbors.
The department is proud to play a leading role in safeguarding the civil rights of individuals with disabilities. Yet, even as we celebrate the last 30 years’ progress, we know that our work is not done and that barriers to equal opportunity remain. We recommit to our work of making the promise of the ADA a reality, enabling all Americans with disabilities to achieve their dreams and reach their full potential. On this anniversary, we remember the words of President George H.W. Bush, who explained the ADA’s importance saying:
“Our success with this act proves that we are keeping faith with the spirit of our courageous forefathers who wrote in the Declaration of Independence: ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights.’ . . . Today’s legislation brings us closer to that day when no Americans will ever again be deprived of their basic guarantee of life, liberty, and the pursuit of happiness.”
Please visit the department’s ADA Anniversary webpage to learn more about the ADA’s history and impact. To learn more about the Department’s ADA work generally, see www.ada.gov.
Antitrust Division Announces Agenda for Workshop on Competition in the Licensing of Public Performance Rights in the Music IndustryRead the Press Release
The Department of Justice has released a final agenda for the Antitrust Division’s July 28-29 public workshop on competition in the licensing of public performance rights in the music industry. The workshop will provide a venue for industry stakeholders to further weigh in on the American Society of Composers, Authors, and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) consent decrees and their implications for antitrust law enforcement and policy as music distribution continues to evolve through technological innovation.
“We are fortunate to hear from some of the greatest talents and some of the most experienced executives in the music industry at our workshop. I anticipate an interesting and productive discussion among our esteemed panelists,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “While the ASCAP and BMI consent decrees have governed licensing of performance rights for more than 75 years, the music industry has changed significantly in the meantime. We look forward to our panelists and speakers sharing their views on whether these decrees still offer songwriters and musicians the benefit of robust competition today.”
The released agenda includes remarks from Assistant Attorney General Makan Delrahim and distinguished panelists with a wide variety of perspectives on the ASCAP-BMI consent decrees. Special keynotes will be delivered by LeAnn Rimes, Pharrell and Jon Bon Jovi, who will share their experiences as songwriters within the current licensing system. The announced panel topics will include whether or not certain terms of the ASCAP and BMI consent decrees should be modified, and whether the decrees are inhibiting innovative business models that may hurt consumers or artists. The panels will include views from the performance rights organizations, songwriters, music publishers, music licensees, legal and economic experts, and other industry stakeholders.
The final agenda and more information on the event, including registration and instructions on accessing the webcast, can be found on the Competition in Licensing Music Public Performance Rights event page. The workshop is free and open to the public, and will be webcast from 12:30pm to 5:00pm on Tuesday July 28, and from 12:30pm to 4:00pm on Wednesday July 29. After the workshop concludes, a recording will be available on the Division’s website. Members of the press should email [email protected] to register.
The Department of Justice invited public comments from the public on these topics on June 5, 2019 and the comments can be found on the Antitrust Consent Decree Review Public Comments 2019 page.
Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the Antitrust Division at [email protected]. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.
Public Workshop on Competition in Licensing Music Public Performance Rights
July 28-29, 2020
Workshop Agenda
July 28, 2020
12:30 p.m.Opening Remarks
Makan Delrahim, Assistant Attorney General for Antitrust, U.S. Department of Justice
12:40 p.m.Songwriter Keynote
LeAnn Rimes
12:55 p.m.Session 1: Remarks from Stakeholders on the Consent Decrees
David Israelite, President and CEO, National Music Publishers’ Association (NMPA)
Michelle Lewis, Executive Director, Songwriters of North America (SONA)
Elizabeth Matthews, CEO, American Society of Composers, Authors, and Publishers (ASCAP)
Michael O’Neill, President and CEO, Broadcast Music Inc. (BMI)
The Honorable Gordon Smith, President and CEO, National Association of Broadcasters (NAB)
DOJ Moderator: Karina Lubell, Assistant Chief, Competition Policy and Advocacy Section, Antitrust Division, U.S. Department of Justice
1:55 p.m.Session 2: Public Performance Licensing Alternatives
Panelists will discuss the use and viability of alternatives to blanket licenses, including direct, adjustable-fee, per-program, and per-segment licenses under the Decrees. They will also address the use and viability of source and through-to-the-audience licenses and whether those types of licenses should be limited or expanded. Finally, the panel will discuss whether these alternatives present a “genuine choice” to music users or whether the genuine choice provision of the Decrees should be modified.
Panelists
Jackie Brenneman, General Counsel, National Association of Theatre Owners
Ted Cohen, Managing Partner, TAG Strategic
David Kokakis, Chief Counsel, Universal Music Publishing Group
Janet McHugh, Executive Director, TV Music License Committee
Mike Steinberg, Executive Vice President of Creative and Licensing, BMI
DOJ Moderator: Yvette Tarlov, Assistant Chief, Media, Entertainment, and Professional Services Section, Antitrust Division, U.S. Department of Justice
3:15 p.m.Songwriter Keynote
Pharrell
3:30 p.m.Session 3: Competition Between PROs for Songwriters and Publishers
The third session will discuss competition between the PROs for artists. Panelists will discuss the membership provisions of the ASCAP/BMI decrees, including provisions relating to eligibility to join a PRO, resignations, the maximum terms of membership agreements and music licenses, the use and transparency of licenses-in-effect, and member audit rights.
Panelists
Danielle Aguirre, Executive Vice President and General Counsel, NMPA
Jordan Bromley, Board Member, Music Artists Coalition
Bart Herbison, Executive Director, Nashville Songwriters Association International
Golnar Khosrowshahi, CEO, Reservoir Music Publishing
Clara Kim, Executive Vice President and General Counsel, Business and Legal Affairs, ASCAP
Jack Kugell, Board Member, SONA
DOJ Moderator: Owen Kendler, Chief, Media, Entertainment, and Professional Services Section, Antitrust Division, U.S. Department of Justice
July 29, 2020
12:30 p.m.Opening Remarks
Owen Kendler, Chief, Media, Entertainment, and Professional Services Section, Antitrust Division, U.S. Department of Justice
12:35 p.m.Songwriter Keynote
Jon Bon Jovi
12:50 p.m.Session 4: Licensing Music to Users
The fourth session will discuss the licensing of music to end-users. Panelists will discuss potential modifications to the Decrees including the “similarly situated” and interim fee provisions of the Decrees. The panel also will address if there is a need for more robust disclosure of ASCAP’s and BMI’s repertoires to licensees and potential impediments to such disclosure. Finally, the panel will consider whether the Decrees are effective or ineffective, create efficiencies or inefficiencies, or inhibit innovative business models.
Panelists
John Bodnovich, Executive Director, American Beverage Licensees
Peter Brodsky, General Counsel and Executive Vice President, Business Affairs, Sony/ATV Music Publishing
Rick Kaplan, General Counsel and Executive Vice President, Legal and Regulatory Affairs, NAB
Stuart Rosen, Senior Vice President and General Counsel, BMI
Tres Williams, Executive Vice President, Business Affairs, iHeartMedia, Inc.
DOJ Moderator: Ben Matelson, Trial Attorney, Media, Entertainment, and Professional Services Section, Antitrust Division, U.S. Department of Justice
2:15 p.m.Session 5: Economists’ Views and Wrap-up
The last session will provide a venue for economists to discuss the economic effects of the Decrees. Panelists will debate ASCAP’s and BMI’s market power and any constraints on that market power. Additionally, the panel will discuss whether the emergence of new PROs and new technologies, including streaming digital music and movie services, has made the Decrees obsolete.
Panelists
Dr. Adam B. Jaffe, Brandeis University
Dr. Kevin M. Murphy, University of Chicago
DOJ Moderator: Dr. Jeffrey Wilder, Deputy Assistant Attorney General for Economic Analysis, Antitrust Division, U.S. Department of Justice
3:40 p.m.Closing Remarks
Rene Augustine, Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
Sixth Pharmaceutical Company Charged in Ongoing Criminal Antitrust InvestigationRead the Press Release
Taro Pharmaceuticals U.S.A., Inc. (Taro U.S.A.) has been charged for conspiring to fix prices, allocate customers, and rig bids for generic drugs, the Department of Justice announced today.
A two-count felony charge was filed today in the U.S. District Court for the Eastern District of Pennsylvania in Philadelphia, charging Taro U.S.A. with participating in two criminal antitrust conspiracies, each with a competing manufacturer of generic drugs and various executives.
The Antitrust Division also announced a deferred prosecution agreement (DPA) resolving the charges against Taro U.S.A., under which the company agreed to pay a $205,653,218 criminal penalty and admitted that its sales affected by the charged conspiracies exceeded $500 million. Under the DPA, Taro U.S.A. has agreed to cooperate fully with the Antitrust Division’s ongoing criminal investigation. As part of the agreement, the parties will file a joint motion, which is subject to approval by the Court, to defer for the term of the DPA any prosecution and trial of the charges filed against the defendant.
“Taro Pharmaceuticals U.S.A.’s unlawful conspiracies to raise the prices of critical drugs robbed consumers at pharmacy counters across America,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Today’s resolution marks another important step toward ensuring that competitively priced generic drugs are available to the millions of American consumers who rely on them.”
“During these difficult times, it is more important than ever that our pharmaceutical companies conduct business with the well-being of the consumer in mind,” said Acting Special Agent in Charge Steven Stuller, U.S. Postal Service Office of Inspector General. “When generic drug companies conspire to artificially increase prices, they do so to the detriment of many who depend on these medications to maintain good health. Along with the Department of Justice Antitrust Division and our partners at the Federal Bureau of Investigation, the USPS Office of Inspector General will remain committed to investigating those who would engage in this type of harmful conduct.”
“Today’s announcement demonstrates the FBI’s commitment to working with our partners to combat price-fixing and antitrust violations that ultimately harm the American public,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office. “We will continue to pursue these investigations to call attention to this criminal activity in order to ultimately ensure a competitive market and access to generic drugs.”
“The charges filed today in the U.S. Court for the Eastern District of Pennsylvania are indicative of my Office’s ongoing efforts to investigate and charge companies and executives who fix the prices of generic pharmaceuticals,” said U.S. Attorney McSwain. “We and our partners at the Antitrust Division and other federal law enforcement agencies remain heavily focused on price-fixing and illegal market allocation in generic drugs. These charges and the related deferred prosecution agreement, subject to approval by the court, are yet another important accomplishment in that area.”
In the deferred prosecution agreement, Taro U.S.A. admitted to participating in two charged conspiracies between 2013 and 2015. Specifically, Count One charges Taro U.S.A. for its role in a conspiracy with Sandoz Inc., former Taro U.S.A. Vice President of Sales and Marketing Ara Aprahamian, and other individuals, from at least as early as March 2013 and continuing until at least December 2015. Count Two charges Taro U.S.A. for its role in a second conspiracy with a generic drug company based in Pennsylvania and other individuals, from at least as early as May 2013 and continuing until at least December 2015. According to the charge and DPA, Taro U.S.A. and its co-conspirators agreed to fix prices, allocate customers, and rig bids for numerous generic drugs, including medications used to prevent and control seizures and treat bipolar disorder, pain and arthritis, and various skin conditions.
This is the tenth case to be filed in the Antitrust Division’s ongoing investigation into the generic pharmaceutical industry. To date, five of the six companies charged - including Taro U.S.A's co-conspirator Sandoz Inc. - have admitted to their roles in antitrust consipriacies and resolved through DPAs under which they've collectively agreed to pay over $426 million in criminal penalties. In addition, four executives have been charged for their roles in fixing prices of generic drugs. Former Taro U.S.A. executive Ara Aprahamian was indicted in February 2020 and is awaiting trial. The other three executives have pleaded guilty, including a former senior executive at Sandoz Inc.
The charged offense carries a statutory maximum penalty of a $100 million fine per count for corporations, and 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 $100 million.
This case is the result of an ongoing federal antitrust investigation into price fixing, market allocation, bid rigging, and other anticompetitive conduct in the generic pharmaceutical industry, which is being conducted by the Antitrust Division with the assistance of the United States Postal Service Office of Inspector General, the FBI’s Washington and Philadelphia Field Offices, and the U.S. Attorney’s Office for the Eastern District of Pennsylvania. Anyone with information on price fixing, market allocation, bid rigging, or other anticompetitive conduct related to the pharmaceutical industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
President’s Commission on Law Enforcement and the Administration of Justice Concludes with Final Hearings on Respect for Law Enforcement and Rule of LawRead the Press Release
This week, the President’s Commission on Law Enforcement and the Administration of Justice held its final hearings, receiving testimony on respect for law enforcement and the rule of law. The hearings were conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.
On Tuesday, July 21, 2020, the commission heard from Michael Mukasey, the 81st U.S. Attorney General and a former U.S. District Court Judge, who provided an overview of the issues affecting respect for law enforcement and the rule of law. The first panel featured Rafael Mangual, Fellow & Deputy Director of Legal Policy for the Manhattan Institute; Gail Heriot, Professor of Law at the University of San Diego; and Jonathan Turley, J.B. & Maurice C. Shapiro Professor of Public Interest Law at the George Washington University Law School. The panelists spoke about various issues in law enforcement, such as race and technology, specifically biometrics. The hearing concluded with a panel featuring U.S. Attorneys William McSwain of the Eastern District of Pennsylvania; McGregor Scott of the Eastern District of California; and Nick Trutanich of the District of Nevada, where topics included experiences working in districts with progressive prosecutors.
On Wednesday, July 22, 2020, the commission heard first from Pinellas (Fla.) County Sheriff Robert Gualtieri, who offered an overview of the Marjory Stoneman Douglas High School public safety report. The following panel featured Kentucky Deputy Attorney General Barry Dunn; Arkansas Attorney General Leslie Rutledge; Stafford County (Va.) Commonwealth Attorney Eric Olsen; and Essex County (Mass.) District Attorney Jonathan Blodgett, who provided the commission with the state and local prosecutor’s perspective. Five members of law enforcement also provided testimony: Prince George’s County (Md.) Chief (retired) Hank Stawinski; Santa Barbara (Calif.) County Sheriff Bill Brown; National President of the Federal Law Enforcement Officers Association Lazaro “Larry” Cosme; Detroit Police Department Lieutenant Mark Young; and Houston Police Chief Art Acevedo. The hearing concluded with remarks from the 75th Attorney General of the United States Edwin Meese III, who shared his experiences working on the Lyndon B. Johnson’s historic law enforcement commission.
For more information on the commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice.
Audio recordings and transcripts of the hearings will be posted online once available.
Justice Department Settles Immigration-Related Discrimination Claims Against Law Firm and Legal Staffing AgencyRead the Press Release
The Department of Justice announced today that it reached a settlement with Arnold & Porter Kaye Scholer LLP (Arnold & Porter), a national law firm, and Law Resources Inc. (Law Resources), a Washington, D.C.-based legal staffing company, resolving claims that the companies engaged in hiring discrimination based on citizenship status.
The settlement resolves claims that Law Resources, at Arnold & Porter’s direction, screened out U.S. citizens with dual citizenship and non-U.S. citizens with work authorization from a document review project because of their citizenship status, in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). The settlement also resolves claims that Law Resources retaliated against an affected worker when she objected to the citizenship status restriction.
“The United States of America is the land of opportunity, and the United States government remains committed fully to the fundamental principle that in this country, all people authorized by law to work should be able to pursue happiness by earning a living without suffering the indignity of discrimination because of where they came from. Our law protects this ideal in many ways, including by prohibiting unlawful citizenship status restrictions in hiring,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We look forward to working with Law Resources and Arnold & Porter to ensure their hiring procedures fully comply with the Immigration and Nationality Act’s prohibition against citizenship status discrimination in employment.”
The department began its investigation after a U.S. citizen with dual citizenship filed a discrimination complaint against Law Resources, which led the department to open an independent investigation of Arnold & Porter.
Under the INA’s anti-discrimination provision, it is generally unlawful for employers to discriminate in hiring because of citizenship status unless required by a law or government contract. The department determined that neither Arnold & Porter nor Law Resources had a legal basis for the citizenship hiring restrictions. The INA’s anti-discrimination provision also prohibits employers from retaliating against workers because they opposed unlawful employer conduct or conduct that they reasonably believed was unlawful discrimination.
The investigations concluded that Arnold & Porter and Law Resources implemented a policy of excluding dual citizens and work-authorized non-U.S. citizens when recruiting and hiring temporary employees to staff an Arnold & Porter document review project in the fall of 2018. In its investigation, the department found that Arnold & Porter improperly interpreted the requirements of the International Traffic in Arms Regulations. The investigations also concluded that after the complainant objected to the citizenship status restriction, Law Resources separately retaliated against her by placing her on a list of people not to be hired in the future.
Under the terms of the settlement agreement, Arnold & Porter and Law Resources will pay a civil penalty of $56,500 for the citizenship status discrimination claims. Law Resources will separately pay an additional civil penalty of $3,000 and offer $11,875 in back pay to the affected worker to resolve the retaliation claim. The companies will jointly offer a $55,000 back-pay fund to other affected workers, train relevant employees about the requirements of the INA’s anti-discrimination 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. 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. Members of the public can also report possible civil rights violations through the Civil Rights Division’s reporting portal.
Forsyth Man Sentenced for Attempted Attack on the White HouseRead the Press Release
Hasher Jallal Taheb, 23, of Cumming, Georgia, has been sentenced to 15 years in prison for attempting an attack upon the White House. Taheb also planned attacks on the Statue of Liberty, Washington Monument, Lincoln Memorial, and a synagogue.
“Taheb planned to conduct a terrorist attack on the White House as part of what he claimed was his obligation to engage in jihad,” said Assistant Attorney General for National Security John C. Demers. “And that was just one of the iconic American landmarks he wanted to target. Thanks to a tip from a member of the community and the work of the agents, analysts, and prosecutors responsible for this case, the threat posed by the defendant was neutralized and the defendant has now been sentenced for his planned terrorist attack.”
“Taheb painstakingly planned an attack on the White House that potentially jeopardized the lives of White House employees and visitors,” said U.S. Attorney Byung J. “BJay” Pak. “We are thankful to members of our community and our federal and state law enforcement partners who identified Taheb’s scheme and worked cooperatively to bring him to justice.”
“Because of a tip from the public, the FBI Atlanta Joint Terrorism Task Force and our law enforcement partners began a year-long investigation that resulted in Taheb's arrest and potentially saved many lives,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The phrase 'If you see something, say something' may seem trite, but our citizens are our eyes and ears in our communities, one of our most important weapons in fighting terrorism, and this case exemplifies that.”
According to the charges and other information presented in court: In March 2018, a member of the Atlanta community reported concerns about Taheb to a local law enforcement agency, which then contacted the FBI. The community member specifically alerted law enforcement that Taheb had become radicalized and was making plans to travel abroad.
During an undercover operation conducted by the FBI, federal investigators learned in October 2018 that Taheb, in fact, applied for a passport and planned to travel overseas. At the same time, Taheb had begun planning domestic attacks in the United States as part of his desire to engage in “jihad.” His targets initially included the White House and the Statue of Liberty. Later in December 2018, Taheb broadened his prospective targets in the Washington, D.C. area, to include the Washington Monument, the White House, the Lincoln Memorial, and a synagogue.
During undercover meetings with Taheb in January 2019, Taheb produced sketches of the White House and described the types of weapons and explosives he intended to use in the attacks, including semi-automatic weapons, improvised explosive devices, an anti-tank weapon, and hand grenades. FBI special agents arrested Taheb on Jan. 16, 2019, after Taheb arrived at a pre-arranged location where he expected to obtain semi-automatic assault rifles, explosive devices, and an anti-tank weapon.Federal investigators searched Taheb’s computer following his arrest and found a video that he made. In the video, Taheb addressed “. . . America, its allies, its president, and its people.” He recounted his grievances with American policy and proclaimed that America would not see peace unless it changed its foreign policy as he was a man who loved death more than American’s love life. He also encouraged other Muslims to fight.
Hasher Jallal Taheb has been sentenced by U.S. District Judge Mark H. Cohen to 15 years in prison to be followed by three years of supervised release. Taheb pleaded guilty to these charges on April 1, 2020.
This case was investigated by the FBI’s Joint Terrorism Task Force, which includes the U.S. Secret Service. The Forsyth County Sheriff Office and Gwinnett County Police Department also provided assistance.
The case was prosecuted by Assistant U.S. Attorneys Ryan K. Buchanan, Deputy Chief of the Violent Crime and National Security Section, and Matthew Carrico, Deputy Chief of the Organized Crime and Gangs Section, and Trial Attorneys Danielle Rosborough and B. Celeste Corlett of the Department of Justice National Security Division.
El Departamento de Justicia Resuelve Acusaciones Relacionadas con la Inmigración contra una Agencia de Contratación Legal y un Bufete de AbogadosRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que había llegado a un acuerdo con Arnold & Porter Kaye Scholer LLP (Arnold & Porter), un bufete de abogados nacional, y Law Resources Inc. (Law Resources), una empresa de contratación legal con sede en Washington, D.C., lo que resuelve acusaciones de que las compañías discriminaban, por motivos de estatus de ciudadanía, en los procesos de contratación.
El acuerdo resuelve acusaciones de que Law Resources, por orden de Arnold & Porter, eliminó a ciudadanos estadounidenses con doble nacionalidad y a individuos con autorización para trabajar que no eran ciudadanos de los EE. UU. como candidatos para un proyecto de revisión de documentos por motivos de su estatus de ciudadanía, en contra de la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés). Por otra parte, el acuerdo resuelve las acusaciones de que Law Resources tomó represalias contra una trabajadora afectada cuando ella se opuso a la restricción relacionada con el estatus de ciudadanía.
«Estados Unidos de América es la tierra de oportunidades, y el Gobierno de los Estados Unidos sigue plenamente comprometido al principio fundamental que en este país toda persona que cuente con la autorización legal necesaria para trabajar deberá tener la posibilidad de perseguir la felicidad ganándose la vida sin sufrir la humillación de ser discriminada por motivos de lugar de donde proviene. Nuestras leyes protegen este ideal de muchas maneras, entre ellos al prohibir las restricciones ilícitas a la contratación que se basen en el estatus de ciudadanía», afirmó el Fiscal General Auxiliar de la División de Derechos Civiles, Eric Dreiband. «Esperamos colaborar con Law Resources y Arnold & Porter para asegurar que sus procedimientos de contratación cumplen plenamente con la prohibición de la ley de Inmigración y Nacionalidad contra la discriminación en el empleo por motivos de estatus de ciudadanía».
El Departamento inició su investigación después de que una ciudadana con doble nacionalidad presentó una querella de discriminación contra Law Resources, lo que llevó al Departamento a dar pie a una investigación independiente de Arnold & Porter.
Según la disposición antidiscriminatoria de la INA, por lo general, es ilegal para los empleadores discriminar a alguien durante el proceso de contratación por motivos de su estatus de ciudadanía, a no ser que sea obligados a hacerlo por ley o un contrato gubernamental. El Departamento determinó que ni Arnold & Porter ni Law Resources tenían un fundamento jurídico para las restricciones relacionadas con la ciudadanía en su proceso de contratación. Asimismo, la disposición antidiscriminatoria de la INA prohíbe que los empleadores tomen represalias contra trabajadores porque estos se hayan opuesto a una conducta ilícita por parte del empleador o a cualquier otra conducta que ellos crean, por motivos fundados, que constituye discriminación ilícita.
Las investigaciones concluyeron que Arnold & Porter y Law Resources implementaron una política de excluir a personas con doble nacionalidad e individuos con autorización para trabajar que no eran ciudadanos de los EE. UU. a la hora de reclutar y contratar a empleados temporales para trabajar en un proyecto de Arnold & Porter de revisión de documentos en otoño del 2018. La investigación del Departamento halló que Arnold & Porter malinterpretó los requisitos de los Reglamentos para el Tráfico Internacional de Armas. Asimismo, las investigaciones concluyeron que, después de que la querellante se opuso a la restricción que tiene que ver que el estatus de ciudadanía, Law Resources, por su cuenta, tomó represalias en su contra al agregarla a una lista de personas que no serían contratadas en el futuro.
Conforme los términos del acuerdo conciliatorio, Arnold & Porter y Law Resources pagarán una sanción civil que asciende a 56.500 $ por las acusaciones de discriminación por motivos de estatus de ciudadanía. Law Resources pagará por separado una sanción civil de 3.000 $ y ofrecerá 11.875 $ por concepto de pagos retroactivos a la trabajadora afectada con el fin de resolver las acusaciones de represalias. Juntas, las compañías contribuirán 55.000 $ a un fondo de pagos retroactivos para otros trabajadores afectados, capacitarán a los empleados relevantes acerca de la disposición antidiscriminatoria de la INA y se someterán a la supervisión 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; represalias o la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. 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. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Department of Justice Issues Business Review Letter to Monoclonal Antibody Manufacturers to Expedite and Increase the Production of Covid-19 Mab TreatmentsRead the Press Release
The United States Department of Justice announced today that it will not challenge proposed efforts by Eli Lilly and Company, AbCellera Biologics, Amgen, AstraZeneca, Genentech, and GlaxoSmithKline (together, the Requesting Parties) to share information about manufacturing facilities and other information that could enable them to expedite the production of monoclonal antibody treatments that are determined to be safe and effective to treat COVID-19.
As the letter explains, the demand for monoclonal antibodies targeting COVID-19 is likely to exceed what any one firm could produce on its own. Moreover, waiting until regulators approve specific treatments before scaling up manufacturing might delay access to these potentially life-saving medicines by many months, which adversely could affect the nation’s efforts to fight COVID-19. The Requesting Parties aim to address both problems by sharing information about their manufacturing facilities, capacity, raw materials and supplies that could be used to produce successful COVID-19 monoclonal antibody treatments subject to important safeguards and limits, so that facilities can be ready to manufacture treatments once they prove safe and effective. Among other competitive safeguards, they have committed that they will not exchange information related to the prices of those treatments or the costs of inputs for or production of those treatments. Their efforts likely will expedite and expand the overall production of monoclonal antibody treatments targeting COVID-19 in a way that is unlikely to lessen competition.
“This critical collaboration will help Americans get access to potentially life-saving therapeutics sooner than otherwise would be possible,” Assistant Attorney General Makan Delrahim said. “It also will help preserve Americans’ ability to benefit from the free market competition that drives innovation and access to drugs in the biotech and pharmaceutical industry.”
The Requesting Parties submitted their business review request pursuant to the expedited, temporary review procedure detailed in the Joint Antitrust Statement Regarding COVID-19 (the “Joint Statement”) issued on March 24 by both the Department and the Federal Trade Commission. According to the Joint Statement, the Department will aim to resolve COVID-19-related business review requests like this one within seven (7) calendar days of receiving all necessary information.
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].
Attorney General William P. Barr Joins President Donald J. Trump to Announce Expansion of Operation LegendRead the Press Release
Today, Attorney General William P. Barr joined President Donald J. Trump to announce the expansion of Operation Legend to Chicago and Albuquerque. Operation Legend is 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. The Operation was first launched on July 8 in Kansas City, Missouri, as a result of President Trump’s promise to assist America’s cities that are plagued by recent violence.
Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed while he slept early in the morning of June 29 in Kansas City. The first federal arrest under Operation Legend was announced on July 20.
“The most basic responsibility of government is to protect the safety of our citizens,” said Attorney General Barr. “Today, we have extended Operation Legend to Chicago and Albuquerque to protect the residents of those cities from senseless acts of deadly violence by targeting those involved in gang activity and those who use guns to commit violent crime. For decades, the Department of Justice has achieved significant success when utilizing our anti-violent crime task forces and federal law enforcement agents to enforce federal law and assist American cities which are experiencing upticks in violent crime. The Department of Justice’s assets will supplement local law enforcement efforts, as we work together to take the shooters and chronic violent criminals off of our streets.”
As part of Operation Legend, Attorney General Barr directed the FBI, U.S. Marshals Service, DEA, and ATF to significantly increase resources into Chicago and Albuquerque in the coming weeks to help state and local officials fight high levels of violent crime, particularly gun violence. Chicago is currently experiencing a significant increase in violent crime, with homicides currently up 51 percent over 2019. Over the weekend of July 17, more than 60 people were shot in the city of Chicago, with 14 fatalities. Similarly, Albuquerque is currently on pace to break 2019’s record for homicides in the city. On the weekend of July 10, there were four murders in Albuquerque within a 24-hour period.
In Chicago, the Department of Justice will supplement state and local law enforcement agencies by sending over 100 federal investigators from the FBI, DEA, and ATF to the city. Under the leadership of John R. Lausch Jr., U.S. Attorney for the Northern District of Illinois, these investigators will complement the work already underway by existing joint federal, state and local task forces focused on combating Chicago’s violent gangs, gun crime, and drug trafficking organizations. The investigatory efforts will be advanced by more than 100 members of the U.S. Marshals Service Great Lakes Task Force, which will direct violent fugitive apprehension operations within Chicago to identify wanted gang members, violent criminals, and firearms violators. The Department of Homeland Security’s Homeland Security Investigations (HSI) are also committing at least 100 agents, already stationed in Chicago, to Operation Legend. HSI agents will conduct investigations into gangs, narcotics traffickers, violent offenders, and firearms traffickers.
To further support the Chicago Police Department in reducing violent crime, ATF has deployed its national Crime Gun Intelligence Mobile Command Vehicle to assist local law enforcement with analysis of crime scenes and spent shell casings through the National Integrated Ballistic Information Network (NIBIN). ATF will also make available additional resources to assist the City of Chicago in providing timely, efficient analysis of ballistic evidence from shootings in order to quickly disrupt violent criminals and prosecute those prohibited from possessing firearms under federal law.
The Bureau of Justice Assistance will make available $3.5 million in funding to reimburse the Chicago Police Department and City of Chicago for the work of local law enforcement on the federal task forces supporting Operation Legend’s violent crime reduction efforts. The COPS Office has also made $9.375 million available to the Chicago Police Department to fund the hiring of 75 officers.
In Albuquerque, the Department of Justice will supplement state and local law enforcement agencies by sending more than 25 federal investigators from the FBI, DEA, and ATF to the city. Under the leadership of John C. Anderson, U.S. Attorney for the District of New Mexico, these federal investigators will work closely with the Albuquerque Police Department and the Bernalillo County Sheriff’s Department, along with other local partners, through pre-existing task forces directed at combatting violent crimes. Up to ten HSI agents will assist with the efforts in Albuquerque, as well.
The Department of Justice has also made available over $1.5 million in COPS Hiring Grants to the Bernalillo County Sheriff’s Department to onboard five deputies and to support additional federal task force officers committed to violent crime reduction efforts. Additionally, the COPS Office has made $9.74 million available to the Albuquerque Police Department to fund the hiring of 40 officers. Separately, the Bureau of Justice Assistance has made available $1.4 million to reimburse the Bernalillo County Sheriff’s Office and Albuquerque Police Department for the work of local law enforcement on the federal task forces supporting Operation Legend’s violent crime reduction efforts. The Department has also provided assistance through the Joint Law Enforcement Operations (JLEO) fund to assist reimbursement of local law enforcement serving as federal task force officers with FBI, ATF, DEA, and the U.S. Marshals Service. These JLEO funds also will be used to assist the City of Albuquerque in acquiring technology used for detection of gunshots and development of an integrated response plan to gunshots by local law enforcement.
Statement by Attorney General William P. Barr on the Killing of Judge Salas’ Son and the Shooting of Her HusbandRead the Press Release
Attorney General William P. Barr has issued the following statement:
“On behalf of the entire Justice Department, I send my deepest condolences to Judge Salas and her family on the death of their son and wish her husband a swift and complete recovery. This kind of lawless, evil action carried out against a member of the federal judiciary will not be tolerated, and I have ordered the full resources of the FBI and U.S. Marshals Service to investigate the matter.”
Former Acting Administrator of the Drug Enforcement Administration Uttam Dhillon New Interpol Washington DirectorRead the Press Release
Attorney General William P. Barr announced today Uttam Dhillon will become INTERPOL Washington Director after Wayne Salzgaber returns to the U.S. Department of Homeland Security following his over two-year detail serving as INTERPOL Washington Director, effective August 1. INTERPOL Washington, the U.S. National Central Bureau, is a component of the U.S. Department of Justice and is co-managed by the U.S. Department of Homeland Security.
“I want to thank Director Wayne Salzgaber for his service to the Department of Justice as the Deputy Director and Director of INTERPOL Washington, while on detail to us from the Department of Homeland Security (DHS),” said Attorney General Barr. “Director Salzgaber has done an excellent job leading one of the Department’s most significant crime fighting agencies these past five years, achieving many successes on high-profile cases while advancing the rule of law and combatting transnational crime and terrorism. I greatly appreciate Director Salzgaber’s service to the Department and our nation, and I wish him well as he returns to DHS. I am pleased to appoint Uttam Dhillon as the next INTERPOL Washington Director.”
Salzgaber, an over 30-year veteran of DHS, began his appointment as Director of INTERPOL Washington in June 2018 after serving in the positions of Deputy Director and Acting Director since 2015. As Director, Mr. Salzgaber has been instrumental in advancing many of our nation’s international information sharing strategies by using the INTERPOL platform as the central component to facilitate and enhance the sharing of crucial U.S. criminal intelligence and investigative information on wanted fugitives, transnational criminals and terrorists. Wayne was recognized, in 2018, as a recipient of the Deputy Attorney General’s Award for Outstanding Leadership for his dedication and ability to influence global partnerships in support of U.S. strategies.
As INTERPOL Washington Director, Mr. Dhillon will act on behalf of the Attorney General as the official U.S. representative to INTERPOL, the world’s largest International Criminal Police Organization, and its 194 member countries, leading the U.S. Government’s efforts to share and exchange international criminal investigate, border security and humanitarian assistance information across the INTERPOL communications platform, and be responsible for all personnel and assets dedicated to INTERPOL Washington’s mission of supporting domestic and international law enforcement and border security operations around the globe.
Mr. Dhillon is a dedicated public servant who has served in the Department of Justice, the White House, DHS, Congress, and as a career federal prosecutor. Dhillon was appointed Acting Administrator of the U.S. Drug Enforcement Administration (DEA), on July 2, 2018, and for nearly two years led a workforce of over 15,000 and oversaw a budget of $3.2 billion. He was responsible for DEA’s enforcement, intelligence, administrative, and regulatory activities worldwide. He previously served on the Board of Directors for the International Association of Chiefs of Police (IACP), and is co-chair of the IACP Narcotics and Dangerous Drugs Committee. Prior to joining the DEA, he served as Deputy Counsel and Deputy Assistant to the President of the United States.
In 2006, Mr. Dhillon was confirmed by the U.S. Senate as the Director of the Office of Counternarcotics Enforcement at DHS. Prior to DHS, Mr. Dhillon served as an Associate Deputy Attorney General in the Justice Department. Earlier in his career, Mr. Dhillon served as an Assistant U.S. Attorney in the Central District of California for six and one-half years. He also has significant experience in the Legislative Branch, holding several senior roles, including Chief Oversight Counsel for the House Financial Services Committee, Chief Counsel and Deputy Staff Director for the House Select Committee on Homeland Security, and Senior Investigative Counsel for the House Committee on Oversight and Government Reform.
Mr. Dhillon graduated from the University of California, Berkeley School of Law. He earned a Master of Arts degree in psychology from the University of California, San Diego and a Bachelor of Arts degree in psychology from California State University, Sacramento. He is a member of the District of Columbia Bar.
Michael A. Hughes will continue serving as Deputy Director of INTERPOL Washington.
For more information about INTERPOL Washington, please visit https://www.justice.gov/interpol-washington.
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.
Ukrainian Men Plead Guilty to Conspiracy and Trafficking of Counterfeit Cancer and Hepatitis DrugsRead the Press Release
Two citizens of Ukraine have admitted they conspired to smuggle and distribute counterfeit cancer and hepatitis drugs into the United States, announced Acting Assistant Attorney General Brian C. Rabbitt and U.S. Attorney Ryan K. Patrick of the Southern District of Texas.
Maksym Nienadov, 36, is the owner of the Ukrainian-based company Healthy Nation. He and his co-conspirator and employee – Volodymyr Nikolaienko, 33 – pleaded guilty today to conspiracy, trafficking in counterfeit drugs and smuggling goods into the United States. Nienadov also admitted to introducing misbranded drugs into the United States.
In June 2018, undercover U.S. authorities began communicating with Nienadov about the illegal sale of Keytruda. This prompted a months-long exchange which also involved Nikolaienko and resulted in the unlawful sale of counterfeit or unapproved Keytruda, Abraxane and Epclusa. Neither Nienadov nor Nikolaienko are medical doctors, pharmacists or licensed pharmaceutical wholesalers in the United States and did not have authorization to sell the drugs.
Merck & Co. manufactures Keytruda, a medicine to treat cancer, while Gilead Sciences Inc. manufactures Epclusa, a prescription drug for the treatment of hepatitis-C. Celgene Corporation is a wholly-owned subsidiary of Bristol Myers Squibb and manufactures the oncology product Abraxane. In their legitimate form, the U.S. Food and Drug Administration (FDA) approved all three drugs for distribution in the United States.
During the undercover investigation, law enforcement received Nienadov’s banking information, which included the name “Maksim Nenadov” and his Ukrainian bank account number. Authorities transferred $2,400 to his bank account for the purchase of the purported Keytruda. Soon after, they received a shipment from “Maxim Nenadov” which contained two boxes represented to contain Keytruda. However, the items were sent to Merck for testing and determined to be counterfeit.
Authorities then negotiated the purchase of more Keytruda as well as another medication, Abraxane. The online messaging and email conversations resulted in a $3,400 undercover payment to Nienadov for the purchase of both drugs. On July 30, 2018, “Maxim Nenadov” sent two boxes of 50 mg purported Keytruda and two boxes of supposed Abraxane 5 mg/ml to undercover agents. Merck and Celgene performed analyses and confirmed the packaging and medication to be counterfeit.
In late 2018, law enforcement also negotiated the undercover purchase of two boxes of purported Epclusa tablets from Nienadov and Nikolaienko for $6,000. Gilead identified the packaging and contents as counterfeit.
Nienadov and Nikolaienko were taken into custody April 18, 2019, after they arrived in the United States from Ukraine to discuss future unlawful shipments of pharmaceuticals.
U.S. Magistrate Judge Christina A. Bryan took the pleas today. Sentencing has been set for Nov. 4, 2020 before Chief Judge Rosenthal. Both men will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations and FDA’s Office of Criminal Investigations conducted the investigation.
Senior Trial Attorney Jeffrey Pearlman of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Sebastian Edwards of the Southern District of Texas are prosecuting the case. Former CCIPS Senior Trial Attorney Kebharu Smith assisted in the prosecution. In addition, the Criminal Division’s Office of International Affairs and the Office of the Prosecutor General of Ukraine provided substantial assistance.
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.
Statement by Department of Justice Spokesperson Kerri Kupec on the Execution of Dustin Lee HonkenRead the Press Release
Department of Justice Spokesperson Kerri Kupec has issued the following statement:
“Today, Dustin Lee Honken was executed at USP Terre Haute in accordance with the death sentence imposed by a federal district court in 2004. Honken was pronounced dead at 4:36 p.m. EDT by the Vigo County Coroner.
In 1993, Honken, a meth kingpin, kidnapped, fatally shot, and buried Lori Duncan, a single, working mother, Duncan’s two young daughters — 10-year-old Kandi and 6-year-old Amber — and Greg Nicholson, a government informant who testified against Honken on federal drug trafficking charges. Honken also murdered Terry DeGeus, who Honken thought might also testify against him, by beating him with a bat and shooting him. On October 14, 2004, a jury in the U.S. District Court for the Northern District of Iowa found Honken guilty of numerous federal offenses, including five counts of continuing criminal enterprise murder, and he was sentenced to death.
Nearly three decades after Honken coldly ended the lives of five people, including two young girls, all in an effort to protect himself and his criminal enterprise, he has finally faced justice. The death penalty has been upheld by the federal courts, supported on a bipartisan basis by Presidents and members of Congress, and approved by Attorneys General under both Democratic and Republican administrations as the appropriate sentence for the most egregious federal crimes. Today that just punishment has been carried out.”
Presidential Task Force on Missing and Murdered American Indians and Alaska Natives Announces Virtual ConsultationsRead the Press Release
WASHINGTON – The Presidential Task Force on Missing and Murdered American Indians and Alaska Natives announced 12 Tribal consultations to occur virtually across the United States in the coming months.
American Indians and Alaska Natives experience disproportionately high rates of violence. President Trump has called the crisis of missing and murdered Native Americans “sobering and heartbreaking.”
The Presidential Task Force on Missing and Murdered American Indians and Alaska Natives, also known as Operation Lady Justice, announces the upcoming series of Tribal consultations under Executive Order 13898. The Executive Order requires the Task Force to “conduct appropriate consultations with Tribal governments on the scope and nature of the issues regarding missing and murdered American Indians and Alaska Natives.” While the Task Force had plans in place for a robust schedule of consultations and listening sessions in various locations in Indian country and elsewhere beginning in March, postponement of those sessions was required by the current public health crisis. Therefore, the Task Force has established a series of Tribal consultations to be held virtually. The sessions are regional, based on Bureau of Indian Affairs regions. The schedule, link to register, Dear Tribal Leader letter and framing paper are available on the Operation Lady Justice website, which can be found at OperationLadyJustice.usdoj.gov.
Confirmed Dates and Times
August 17th, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Eastern Region – Virtual Consultation via WebEx.
August 19th, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Midwest Region – Virtual Consultation via WebEx.
August 21st, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Southern Plains and Eastern Oklahoma Regions – Virtual Consultation via WebEx.
August 25th, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Great Plains and Rocky Mountain Regions – Virtual Consultation via WebEx.
August 27th, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Southwest Region – Virtual Consultation via WebEx.
August 31st, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Northwest Region – Virtual Consultation via WebEx.
September 2nd, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Western and Navajo Regions – Virtual Consultation via WebEx.
September 4th, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Pacific Region First session – Virtual Consultation via WebEx.
September 8th, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Pacific Region Second Session – Virtual Consultation via WebEx.
September 10th, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Alaska Region First Session – Virtual Consultation via WebEx.
September 14th, 1:30 p.m. – 5:00 p.m. Eastern
- BIA Alaska Region Second Session – Virtual Consultation via WebEx.
September 17th, 1:30 p.m. – 5:00 p.m. Eastern
- Final session for any leader who could not make their scheduled Regional Session via WebEx.
The members of the Task Force are:
- Katharine (Katie) Sullivan, Principal Deputy Assistant Attorney General, Office of Justice Programs, designee for the Attorney General;
- Tara Sweeney, Assistant Secretary for Indian Affairs, designee for the Secretary of the Interior;
- Terry Wade, Executive Assistant Director, Criminal, Cyber, Response, and Services Branch, Federal Bureau of Investigation;
- Laura Rogers, Acting Director, Office on Violence Against Women;
- Charles (Charlie) Addington, Deputy Bureau Director, Bureau of Indian Affairs, Office of Justice Services;
- Trent Shores, U.S. Attorney for the Northern District of Oklahoma and Chair of the Native American Issues Subcommittee of the Attorney General’s Advisory Committee; and
- Jean (Jeannie) Hovland, Deputy Assistant Secretary for Native American Affairs and Commissioner, Administration for Native Americans, Department of Health and Human Services.
Marcia Good of the Department of Justice serves as the Executive Director of the Task Force. The Task Force will present a progress report to the President by Nov. 26, 2020, and a final report detailing its activities and accomplishments by Nov. 26, 2021.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of the Department of Justice at www.Justice.gov/Celebrating150Years. 2020 also marks 171st anniversary of the Department of the Interior. Learn more about the history of DOI at www.doi.gov/history/.
Department of Justice and Department of Homeland Security Announce Plan to Restart MPP HearingsRead the Press Release
The U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) remain committed to resuming removal hearings for aliens subject to the Migrant Protection Protocols (MPP) as expeditiously as possible. To lend greater certainty in a fluid COVID-19 environment, DHS has maintained close contact with the Department of State (DOS) and the Government of Mexico (GOM) and worked with DOJ to identify public health criteria to determine when hearings may resume swiftly and safely.
The criteria below outline the factors that DHS and DOJ will use to determine when to resume MPP hearings. Once the criteria are met, the Departments will provide public notification at least fifteen calendar days prior to resumption of the hearings with location-specific details. In order to resume MPP hearings in a responsible manner that will minimize risk to public health and the spread of disease, DHS plans to adhere to recommended federal guidance and protocols, including in particular the Centers for Disease Control and Prevention’s (CDC) social-distancing and sanitization standards. DHS is working to secure the equipment and resources necessary to support this safe resumption of MPP hearings. The use and application of these criteria are subject to continuing evaluation:
Criteria to Restart MPP Hearings
- When California, Arizona, and Texas progress to Stage 3 of their reopening plans.[1]
- When DOS[2] and CDC[3] lower their global health advisories to Level 2, and/or a comparable change in health advisories, regarding Mexico in particular.
- When GOM’s “stoplight” system categorizes all Mexican border states (i.e., Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora, and Baja California) as “yellow.”[4]
Once the threshold criteria above are satisfied, DHS and DOJ will take the following steps to ensure that MPP hearings can safely resume:
Safeguards to Protect DHS Employees and Aliens in MPP
- DHS will develop detailed, location-specific plans to safely resume MPP hearings consistent with CDC guidelines. These plans at a minimum will address, but are not limited to, intake processes for aliens and visitors, transportation requirements, facility size, overnight hold capacity, and cleaning schedules.
- All agencies will apply CDC social-distancing guidelines, as appropriate, at each stage of the court hearing process and consistent with local operational realities.[5] Once a facility’s capacity is reached, the remaining aliens will have their hearings rescheduled for a future date.
- For the entirety of the hearing process, all DHS and DOJ personnel and aliens will be required to wear face masks that are consistent with CDC guidance and subject to any applicable policies of either Department. This requirement will apply to the immigration hearing facilities (IHFs) in Laredo and Brownsville. All visitors will also be required to wear face masks while they are in the facilities.[6]
- All DHS personnel participating in the processing of MPP aliens, aliens arriving to attend MPP hearings, and visitors entering the IHFs, will have their temperatures checked prior to entering any DHS facility. Aliens displaying a fever of over 100.4 degrees Fahrenheit will have their court hearing rescheduled. At the IHFs in Laredo and Brownsville, any visitor displaying a fever of over 100.4 degrees Fahrenheit will not be able to enter the facility.[7] DHS personnel displaying a fever of over 100.4 degrees Fahrenheit will be managed according to agency-specific protocols.
- All congregate settings will be cleaned and disinfected regularly according to CDC guidelines for similar facilities.[8]
- Every reasonable effort will be made to avoid holding migrants overnight in DHS custody.
DHS continues to work closely with DOJ, DOS, and GOM to explore every available option to resume removal hearings for aliens subject to MPP as soon as possible, with as much flexibility as existing statutes, regulations, and guidelines allow.
Individuals should continue to check on case status in English and Spanish by calling the Automated Case Information Hotline at 1-800-898-7180 or visiting the EOIR Automated Case Information portal.
[1] California: https://covid19.ca.gov/roadmap/#top; Arizona: https://azgovernor.gov/governor/reopening-guidance;
Texas: https://gov.texas.gov/uploads/files/press/EO-GA-26_expanded_opening_COVID-19.pdf
[2] https://travel.state.gov/content/travel/en/traveladvisories/ea/travel-advisory-alert-global-level-4-health-advisory-issue.html
[3] https://wwwnc.cdc.gov/travel/notices/warning/coronavirus-global
[4] https://coronavirus.gob.mx/semaforo/
[5] https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html
[6] For DOJ/ Executive Office for Immigration Review (EOIR) requirements, see /media/1071956/dl?inline
[7] DOJ will have its own requirements for EOIR courthouses.
[8] https://www.cdc.gov/coronavirus/2019-ncov/community/cleaning-disinfecting-decision-tool.html
Statement by Department of Justice Spokesperson Kerri Kupec on the Execution of Wesley Ira PurkeyRead the Press Release
Department of Justice Spokesperson Kerri Kupec has issued the following statement:
“This morning, Wesley Ira Purkey was executed at USP Terre Haute in accordance with the death sentence imposed by a federal district court in 2004. Purkey was pronounced dead at 8:19 a.m. EDT by the Vigo County Coroner.
Purkey violently raped and murdered 16-year-old Jennifer Long, and then dismembered, burned, and dumped the young girl’s body in a septic pond. He also was convicted in state court for using a claw hammer to bludgeon to death 80-year-old Mary Ruth Bales. On November 5, 2003, a jury in the U.S. District Court for the Western District of Missouri found Purkey guilty of kidnapping a child resulting in death, and he was sentenced to death on January 23, 2004.
After many years of litigation following the death of his victims, in which he lived and was afforded every due process of law under our Constitution, Purkey has finally faced justice. The death penalty has been upheld by the federal courts, supported on a bipartisan basis by Congress, and approved by Attorneys General under both Democratic and Republican administrations as the appropriate sentence for the most egregious federal crimes. Today that just punishment has been carried out.”
The Department of Justice Announces Takedown of Key MS-13 Criminal LeadershipRead the Press Release
Today, President Donald J. Trump and Attorney General William P. Barr announced significant cases related to Joint Task Force Vulcan (JTFV), an initiative launched in August 2019 aimed at disrupting, dismantling, and ultimately, destroying MS-13.
President Trump and Attorney General Barr announced a number of significant cases associated with JTFV, including the first time an MS-13 member has been charged with terrorism-related offenses, a coordinated multi-district takedown of the leadership of the Hollywood clique of MS-13, and the Attorney General’s decision to seek the death penalty against an MS-13 defendant.
“In 2017, the President directed the Department of Justice to go to war against MS-13, and we did just that,” said Attorney General Barr. “In coordination with our partners at the Department of Homeland Security, the Justice Department’s law enforcement components have successfully investigated, charged, and arrested command and control elements of MS-13 responsible for murder. Joint Task Force Vulcan’s operations have significantly degraded MS-13 capabilities. While there is still work to be done, the Department of Justice remains committed to protecting Americans threatened by MS-13, and we will not rest until we have successfully defeated this transnational criminal organization.”
“Today’s announcements are the result of tremendous teamwork and coordination between prosecutors and law enforcement officers across the United States and Central America,” said JTFV Director John Durham. “MS-13 is a violent transnational criminal organization, whose criminal activities respect no boundaries. The only way to defeat MS-13 is by targeting the organization as a whole, focusing on the leadership structure, and deploying a whole-of-government approach against a common enemy.”
In an indictment unsealed yesterday, Melgar Diaz was charged in the Eastern District of Virginia with conspiring to provide material support to terrorists; conspiring to kill or maim persons overseas; conspiring to commit acts of terrorism transcending national boundaries; conspiring to finance terrorism, and; conspiring to engage in narco-terrorism, in addition to racketeering conspiracy and drug trafficking. This is the first time that an MS-13 member has been charged with terrorism-related offenses.
Alexi Saenz was indicted in 2017 in the Eastern District of New York. It is alleged that between 2016 and 2017 he committed seven murders: the Jan. 28, 2016, murder of Michael Johnson; the April 29, 2016, murder of Oscar Acosta; the Sept. 13, 2016, murders of Kayla Cuevas and Nisa Mickens; the Oct. 10, 2016, murder of Javier Castillo; the Oct. 13, 2016, murder of Dewann Stacks, and; the Jan. 30, 2017, murder of Esteban Alvarado-Bonilla. Two of the victims were Brentwood high school students killed with a machete and baseball bat. The Attorney General has filed a Notice of Intent to Seek the Death Penalty for Saenz.
In a 24 count indictment unsealed yesterday, the Eastern District of New York, charged eight MS-13 members, including leaders of the East Coast Hollywood Program, with Racketeer Influenced and Corrupt Organization (RICO) and Violent Crimes in Aid of Racketeering (VICAR) charges related to six murders, two attempted murders, kidnapping, narcotics, and related firearms offenses.
In a 21-count indictment unsealed yesterday in the District of Nevada, 13 MS-13 members, including leaders of the “Hollywood Locos” clique and “Los Angeles Program,” were charged with various offenses including Continuing Criminal Enterprise (CCE), narcotics distribution and weapons charges.
In August 2019, Attorney General Barr created JTFV to carry out the recommendations of the MS-13 subcommittee formed under the Attorney General’s Transnational Organized Crime Task Force, which was the result of President Trump’s February 2017 Executive Order directing the Departments of Justice, State, and Homeland Security, and the Office of the Director of National Intelligence, to coordinate a whole-of-government approach to dismantle transnational criminal organizations, such as MS-13, and restore safety for the American people. The principal purpose of JTFV is to coordinate and lead the efforts of the Justice Department and U.S. law enforcement agencies against MS-13 in order to dismantle the group.
JTFV has successfully implemented the whole-of-government approach to law enforcement relating to MS-13; increased coordination and collaboration with foreign law enforcement partners, including El Salvador, Mexico, Honduras, and Guatemala; designated priority MS-13 programs, cliques and leaders, who have the most impact on the U.S., for targeted prosecutions, and; coordinated significant MS-13 indictments in U.S. Attorney’s Offices across the country, such as the Eastern District of New York, the Eastern District of Virginia, and the District of Nevada.
Federal prosecutors from the Department of Justice’s National Security Division and the Criminal Division, as well as 10 U.S. Attorney’s Offices have been assigned to serve JTFV in full-time capacities: the Eastern District of New York; the Eastern District of Virginia; the District of Nevada; the Southern District of California; the District of Massachusetts; the Northern District of Ohio; the District of New Jersey; the Eastern District of Texas; the District of Utah, and; the District of Columbia. In addition, all Department of Justice law enforcement agencies are involved in the effort – the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service, and; the Bureau of Prisons. The Department of Homeland Security’s Homeland Security Investigations has also played a critical role in JTFV.
Attorney General Barr would also like to thank Attorney General Raul Melara of El Salvador for the assistance of his office, as well as investigators from El Salvador’s Policia Nacional Civil, Centro Antipandilla Transnacional unit for their assistance.
Justice Department Files Civil Action to Shut Down Chicago Area Tax Return PreparerRead the Press Release
The United States has filed a complaint seeking to bar a Chicago area tax return preparer from preparing federal income tax returns for others, the Justice Department announced today.
The civil complaint against Anthony Jones was filed in the U.S. District Court for the Northern District of Illinois, and alleges that Jones prepared federal income tax returns for several Chicago area taxpayers that significantly understated his customers’ tax liabilities by fabricating or manipulating his customers’ business income or expenses. The suit also charges that Jones misrepresents his customers’ filing statuses.
According to the complaint, the IRS interviewed several of Jones’ customers, who allegedly stated that they did not generate the business income or incur the business expenses reported on the returns Jones prepared for them, and did not give Jones any reason to believe that such income or expenses were legitimate. The complaint alleges that, by repeatedly understating his customers’ tax liabilities, Jones has caused substantial harm to the United States.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Departamento de justicia anuncia operación contra líderes clave de grupo criminal MS-13Read the Press Release
Hoy, el presidente Donald J. Trump y el fiscal general William P. Barr anunciaron casos importantes relacionados con la Fuerza de Tarea Conjunta Vulcano (JTFV), una iniciativa lanzada en agosto de 2019 destinada a detener, desmantelar y, en última instancia, destruir a la MS-13.
El presidente Trump y el fiscal general Barr anunciaron varios casos importantes relacionados con la Operación Vulcano, entre ellos la primera vez que un miembro de la MS-13 ha sido acusado de un delito relacionado con el terrorismo, la eliminación coordinada y multidistrital del liderazgo de la clica de Hollywood de la MS-13 y la decisión del fiscal general de solicitar la pena de muerte contra un acusado de la MS-13.
“El Presidente ordenó al Departamento de Justicia que fuera a la guerra contra la MS-13 en el 2017, nosotros lo hicimos”, dijo el Fiscal General Barr. “En coordinación con nuestros socios en el Departamento de Seguridad Nacional, los componentes de aplicación de la ley del Departamento de Justicia han investigado con éxito los elementos de mando y control de la MS-13 responsables de asesinato. Las operaciones de la Fuerza de Tarea Conjunta Vulcano han degradado significativamente las capacidades del MS-13. Aunque todavía queda trabajo por hacer, el Departamento de Justicia sigue comprometido con la protección de los estadounidenses amenazados por la MS-13, y no descansaremos hasta que hayamos derrotado con éxito a esta organización criminal transnacional”.
“Los anuncios de ahora son el resultado del tremendo trabajo en equipo y la coordinación entre los fiscales y los agentes de la ley en los Estados Unidos y América Central”, dijo el director de JTFV, John Durham. “La MS-13 es una organización criminal transnacional violenta, cuyas actividades criminales no respetan límites. La única forma de derrotar al MS-13 es atacando a la organización como un todo, enfocándose en la estructura de liderazgo y desplegando un enfoque de gobierno completo contra un enemigo común”.
En una acusación dada a conocer ayer, Melgar Díaz fue acusado en el Distrito Este de Virginia de conspirar para proporcionar apoyo material a terroristas; conspirando para matar o mutilar personas en el extranjero; conspirando para cometer actos de terrorismo trascendiendo las fronteras nacionales; conspirando para financiar el terrorismo; y conspirando para involucrarse en el narcoterrorismo, además de la conspiración del crimen organizado y el narcotráfico. Esta es la primera vez que un miembro de MS-13 ha sido acusado de delitos relacionados con el terrorismo.
Alexi Sáenz fue acusado en 2017 en el Distrito Este de Nueva York. Se alega que entre 2016 y 2017 cometió siete asesinatos: el asesinato del 28 de enero de 2016 de Michael Johnson; el asesinato de Oscar Acosta el 29 de abril de 2016, los asesinatos de Kayla Cuevas y Nisa Mickens el 13 de septiembre de 2016; el asesinato de Javier Castillo el 10 de octubre de 2016; el asesinato de Dewann Stacks el 13 de octubre de 2016, y el asesinato de Esteban Alvarado-Bonilla el 30 de enero de 2017. Dos de las víctimas eran estudiantes de secundaria de Brentwood asesinados con un machete y un bate de béisbol. El fiscal general ha presentado un Aviso de intención de buscar la pena de muerte para Sáenz.
En una acusación de 24 cargos dada a conocer ayer, el Distrito Este de Nueva York, acusó a ocho miembros de MS-13, incluidos los líderes del Programa East Coast Hollywood, con cargos de Organizaciones corruptas e influenciadas por el crimen organizado (RICO) y Crimen violento en ayuda de la extorsión (VICAR) relacionados con seis asesinatos, dos intentos de asesinato, secuestro, narcóticos y ofensas relacionadas con armas de fuego.
En una acusación de 21 cargos hecha pública ayer en el Distrito de Nevada, 13 miembros de MS-13, incluidos los líderes de la clica “Hollywood Locos” y el Programa de Los Ángeles, fueron acusados de varios delitos, incluida la Empresa Criminal Continua (CCE por sus siglas en inglés), distribución de narcóticos y cargos de armas.
En agosto de 2019, el fiscal general Barr creó la Fuerza de Tarea Conjunta Vulcano para implementar las recomendaciones del subcomité MS-13 creado bajo la Fuerza de Tarea de Delincuencia Organizada Transnacional del fiscal general, que fue el resultado de la Orden Ejecutiva de febrero de 2017 del presidente Trump que ordenaba que los Departamentos de Justicia, Estado y de Seguridad Nacional, y la Oficina del Director de Inteligencia Nacional para coordinar un enfoque que incluía a todo el gobierno para desmantelar las organizaciones criminales transnacionales, como la MS-13, y restaurar la seguridad del pueblo estadounidense. El propósito principal de JTFV es coordinar y liderar los esfuerzos del Departamento de Justicia y las agencias de aplicación de la ley de EE. UU. contra la MS-13 para desmantelarla.
La JTFV ha implementado con éxito el enfoque de la participación de todo el gobierno para la aplicación de la ley en relación con la MS-13; mayor coordinación y colaboración con socios extranjeros encargados de la aplicación de la ley, incluyendo los socios en El Salvador, México, Honduras y Guatemala; programas prioritarios designados MS-13, clicas y líderes, que tienen el mayor impacto en los EE. UU., para enjuiciamientos selectivos; y coordinó importantes acusaciones en contra de la MS-13 en las oficinas del Fiscal de los Estados Unidos en todo el país, como el Distrito Este de Nueva York, el Distrito Este de Virginia y el Distrito de Nevada.
Se han asignado fiscales federales del División de Seguridad Nacional del Departamento de Justicia y la División Criminal, también 10 oficinas del fiscal General de los Estados Unidos para prestar servicios a la JTFV a tiempo completo: el Distrito Este de Nueva York; el Distrito Este de Virginia; el Distrito de Nevada; el Distrito Sur de California; el Distrito de Massachusetts; el Distrito Norte de Ohio; el Distrito de Nueva Jersey; el Distrito Este de Texas; el Distrito de Utah; y el Distrito de Columbia. Además, todas las fuerzas del orden público del Departamento de Justicia agencias están involucradas en este esfuerzo: el FBI, la Administración de Control de Drogas; la Agencia de Control de Bebidas Alcohólicas, Tabaco, Armas de Fuego y Explosivos; el Servicio de Alguaciles Federales de EE. UU., y la Oficina de Prisiones Federales. La división de investigaciones del Departamento de Seguridad Nacional también ha tenido un papel importante en la JTFV.
El fiscal general Barr también agradeció al fiscal general Raúl Melara de El Salvador por la asistencia de su oficina, así como de investigadores de la Policía Nacional Civil de El Salvador, y al Centro Antipandillas Transnacional por su apoyo.
Statement by Attorney General William P. Barr on the Execution of Daniel Lewis LeeRead the Press Release
Attorney General William P. Barr has issued the following statement:
“This morning, in the first federal execution in 17 years, Daniel Lewis Lee was executed by lethal injection at USP Terre Haute in accordance with a death sentence imposed by a federal district court in 1999. Lee, a member of a white supremacist organization, brutally murdered William Frederick Mueller and Nancy Ann Mueller, along with her eight-year-old daughter, Sarah Elizabeth Powell. After robbing and shooting them with a stun gun, Lee duct-taped plastic bags around their heads, weighed down each victim with rocks, and drowned the family in the Illinois bayou. On May 4, 1999, a jury in the U.S. District Court for the Eastern District of Arkansas found Lee guilty of numerous offenses, including three counts of murder in aid of racketeering, and he was sentenced to death. Today, Lee finally faced the justice he deserved. The American people have made the considered choice to permit capital punishment for the most egregious federal crimes, and justice was done today in implementing the sentence for Lee’s horrific offenses.”
Statement by Department of Justice Spokesperson Kerri Kupec:
“Today, Daniel Lewis Lee faced the justice he deserved. Although Lee’s execution was originally scheduled to occur on Monday at 4:00 pm, a district court’s last-minute preliminary injunction required the Department of Justice to seek emergency vacatur from the Supreme Court. After receiving the green-light early on Tuesday morning, the Federal Bureau of Prisons began preparing Lee for the execution; however, a last-minute procedural claim by Lee’s attorney resulted in an additional delay. The U.S. Court of Appeals for the Eighth Circuit ultimately rejected his claim, clearing the way for his execution. He was pronounced dead at 8:07 am.
The Attorney General appreciates the hard work, dedication, and professionalism demonstrated by the Federal Bureau of Prisons; the United States Marshals Service; and the law enforcement and legal teams that investigated and prosecuted Lee, and that for many years defended the government’s duty to carry out this lawful sentence.”
EOIR Announces Disciplinary Action Under Rules of Professional ConductRead the Press Release
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced that it has ordered Phoenix Attorney Jose A. Bracamonte suspended for 45 days from practice before the Board of Immigration Appeals, the immigration courts, and the Department of Homeland Security (DHS), effective July 15, 2020.
“EOIR will continue to pursue disciplinary actions to address the misuse and manipulation of the asylum process by immigration practitioners. Such actions detract from the timely processing of legitimate asylum claims and undermine the overall integrity of the asylum system,” said EOIR Director James McHenry. Adjudicating Official Irene C. Feldman issued the decision and final order on July 1, 2020, between Bracamonte and EOIR Disciplinary Counsel Paul A. Rodrigues and DHS Disciplinary Counsel Catherine M. O’Connell.
On Nov. 3, 2016, DHS and EOIR jointly initiated disciplinary proceedings against Bracamonte based on complaints that he filed affirmative asylum applications with U.S. Citizenship and Immigration Services for the sole purpose of causing DHS to issue Notices to Appear (NTAs) to his clients, without any intention to pursue asylum or related forms of relief. DHS and EOIR alleged that Bracamonte’s conduct violated the Rules of Professional Conduct (8 C.F.R. § 1003.102). Specifically, Bracamonte made false statements of material fact, and engaged in frivolous behavior, conduct lacking competence, and conduct prejudicial to the administration of justice.
Pursuant to the settlement agreement, Bracamonte acknowledged that his conduct was an abuse of the asylum system. Bracamonte admitted that he engaged in unprofessional and improper conduct when he filed affirmative asylum applications without an indicated basis for asylum or an indication as to any asylum claim, cancelled or otherwise advised clients to fail to appear for asylum interviews before DHS, and did not demonstrate a clear intention to pursue an asylum claim, in order to cause DHS to issue an NTA and place his clients in removal proceedings before EOIR.
Complaints about professional misconduct by private attorneys or accredited representatives may be sent to the EOIR Disciplinary Counsel through Form EOIR-44.
South Florida U.S. Attorney’s Office and IRS-Criminal Investigation Remind Taxpayers of Upcoming Tax Filing Deadline; Urge Taxpayers to Remain Vigilant of ScamsRead the Press Release
MIAMI, Florida -- Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and Michael J. De Palma, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office, remind taxpayers of the July 15 filing and payment deadline and warned against an increase in tax and COVID-19 scams.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. Taxpayers filing Form 1040 series returns must file Form 4868 by July 15 to obtain the automatic extension to Oct. 15.
Although the extension provides additional time to file the tax return – it is not an extension to pay any taxes due. For people facing hardships who cannot pay in full, including those affected by COVID-19, the IRS has several options available to help. The IRS encourages taxpayers to visit IRS.gov as soon as possible to explore these options and avoid accruing interest and penalties after the July 15 deadline.
As the filing deadline approaches, taxpayers should beware of tax and COVID-19 related scams. “Taxpayers cannot let their guard down,” said Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida. “This tax season is particularly attractive to criminals because it coincides with the COVID-19 pandemic, which has placed many people in vulnerable positions.”
“Taxpayers should remain vigilant in the handling of their personal and financial information as criminals use this as an opportunity to take advantage of vulnerabilities,” said Michael J. De Palma Special Agent in Charge of the IRS Criminal Investigation division in Florida. “IRS-CI will continue to pursue these crimes and the perpetrators will be brought to justice.”
In the last few months, the IRS Criminal Investigation division (CI) has continued to see a tremendous increase in a variety of Economic Impact Payment scams and other financial schemes. CI continues to work with its law enforcement partners to put a stop to these schemes and bring criminals to justice.
Taxpayers can report COVID-19 scams to the National Center for Disaster Fraud. Taxpayers can also report fraud or theft of their Economic Impact Payments to the Treasury Inspector General for Tax Administration (TIGTA). Unsolicited (phishing) e-mails that appear to be from the IRS should be forwarded to [email protected].
For the most up-to-date information about the tax filing deadline and IRS impersonation scams, taxpayers can visit IRS.gov.
Department of Justice Antitrust Division to Host Workshop on Competition in the Licensing of Public Performance Rights in the Music IndustryRead the Press Release
The Department of Justice will hold a virtual public workshop on July 28th and 29th, 2020, to discuss competition in the licensing of public performance rights in the music industry. The workshop will provide a further venue for industry stakeholders to weigh in on the American Society of Composers, Authors, and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) consent decrees and their implications for antitrust law enforcement and policy as we enter the third decade of the 21st Century and as music distribution continues to evolve through technological innovation.
A series of panels will discuss competition issues relating to the various types of public performance licenses currently offered in the marketplace, competition between performing rights organizations (PROs), such as ASCAP, BMI and GMR, and the licensing of music to end-users. Panelists will discuss whether or not certain terms of the ASCAP and BMI consent decrees should be modified, and whether the decrees are inhibiting innovative business models that may hurt consumers or artists. These panels will include executives PROs, songwriters, music publishers, music licenses, legal and economic experts, and other industry stakeholders.
The Department of Justice invited public comments from the public on these topics on June 5, 2019 and the comments can be found here. Interested parties may submit any further non-duplicative comments online now through July 22, 2020, at [email protected].
The workshop is free and open to the public and will be webcast from approximately 12:30 pm – 4 pm Eastern Time each day. A recording of the workshop will be available on the Division’s website. Registration information, an agenda, instructions on accessing the webcast, and a list of speakers will be available in the near future on the event webpage. Members of the press should email [email protected] to register.
Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the Antitrust Division at [email protected]. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.
Antitrust Division Applauds New International Leniency GuidelinesRead the Press Release
The Antitrust Division helped lead the International Competition Network (ICN) initiative on cross-border leniency cooperation to fight international price fixing cartels. The ICN released the “Guidance on Enhancing Cross-Border Leniency Cooperation,” a year-long effort undertaken by the ICN’s Cartel Working Group. The guidance document is designed to assist competition agencies around the globe in engaging and cooperating with their international counterparts when dealing with leniency applicants and other cooperating companies in cross-border investigations.
“Cooperation with our international partners has been a key priority of the Division and I am proud of our continued leadership in developing consensus with ICN members around this important initiative. I applaud the hard work of all of the members of the ICN Cartel Working Group who made this guidance document possible,” said Makan Delrahim, Assistant Attorney General for Antitrust.
The Antitrust Division worked with a team of antitrust agencies from around the world to develop the guidance, including the Australian Competition and Consumer Commission, Canada’s Competition Bureau, Chile’s Fiscalía Nacional Económica, Brazil’s Conselho Administrativo de Defesa Econômica, the European Commission’s Directorate-General for Competition, Hong Kong’s Competition Commission, New Zealand’s Commerce Commission, and the co-chairs of the ICN Cartel Working Group’s Subgroup 1, Turkey’s Rekabet Kurumu and Hungary’s Gazdasági Versenyhivatal.
The Antitrust Division’s efforts were led by Deputy for Criminal Enforcement, Richard Powers, and Deputy for International and Policy, Rene Augustine, and members of the International Section, including International Section Chief, Lynda Marshall, Assistant Chief Michelle Rindone, and other key staff of the Division. The Guidance on Enhancing Cross-Border Leniency Cooperation is now available on the ICN’s website. The project complements existing ICN work product on leniency, including a 2017-2018 fact-finding survey and a 2019 report entitled Good Practices for Incentivising Leniency Applications.
San Diego, California Man Sentenced to Federal Prison for His Role in Million Dollar Scheme Targeting Thousands of U.S. Servicemembers and VeteransRead the Press Release
A federal judge in San Antonio sentenced 32-year-old Trorice Crawford of San Diego, California, to 46 months in federal prison for his role in an identity-theft and fraud scheme that victimized thousands of U.S. servicemembers and veterans, the Department of Justice announced today.
In addition to the prison term, Chief U.S. District Judge Orlando Garcia ordered that Crawford pay $103,700 in restitution and be placed on supervised release for a period of three years after completing his prison term.
On December 5, 2019, Crawford pleaded guilty to one count of conspiracy to launder monetary instruments. By pleading guilty, Crawford admitted that from May 2017 to July 2019, he conspired with Robert Wayne Boling, Jr. (a U.S. citizen), and others to steal money belonging to U.S. Servicemembers and veterans. By pleading guilty, Crawford admitted to recruiting at least 30 individuals (aka “money mules”) who provided their bank account information to receive funds stolen from military affiliated individuals. On average, each unauthorized transfer from a victim’s accounts ranged from between $8,000 to $13,000. Crawford kept a percentage of the withdrawn funds for himself and oversaw the transmission of the remaining amounts by means of international money remittance services to Boling and others in the Philippines.
“The Department of Justice will not tolerate fraud on America’s warfighters and veterans,” said Acting Assistant Attorney General Ethan P. Davis of the Department’s Civil Division. “Working with our partners and using all tools available, we are committed to protecting those who protect us.”
In October, Crawford’s co-defendant Frederick Brown, age 38 of Las Vegas, NV, pleaded guilty to federal charges in connection with this scheme. Brown, a former civilian medical records administrator for the U.S. Army at the 65th Medical Brigade, Yongsan Garrison, South Korea, admitted that while logged into the Armed Forces Health Longitudinal Technology Application, he illegally captured on his cell phone personal identifying information (PII) of thousands of military members, including names, social security numbers, DOD ID numbers, dates of birth, and contact information. Brown further admitted that he subsequently provided that stolen data to Boling so that Boling and others could exploit the information in various ways to access Department of Defense and Veterans Affairs benefits sites and steal millions of dollars.
As asserted in the federal grand jury indictment, Boling, together with his Philippines-based co-defendants Allan Albert Kerr (Australian citizen) and Jongmin Seok (South Korean citizen), specifically used the stolen information to compromise a Department of Defense portal designed to enable military members to access benefits information online. Once through the portal, the defendants are alleged to have accessed benefits information. Access to these detailed records enabled the defendants to steal or attempt to steal millions of dollars from military members’ bank accounts. The defendants also stole veterans’ benefits payments. Evidence of the defendants’ scheme was detected earlier this year, advancing the investigation that led to the indictment.
The Departments of Defense and Veterans Affairs are coordinating with the Department of Justice to notify and provide resources to the thousands of identified victims.
Boling, Kerr, and Seok are charged with multiple counts of conspiracy, wire fraud, and aggravated identity theft. Boling, Kerr, and Seok remain in the Philippines. Measures are being taken to effect their transfer to the Western District of Texas. Brown remains in federal custody awaiting sentencing scheduled for 10:30 am on September 17, 2020, before Judge Garcia in San Antonio.
It is important to note that an indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The United States is represented by Trial Attorneys Ehren Reynolds and Yolanda McCray Jones of the Department of Justice Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Joseph Blackwell of the U.S. Attorney’s Office for the Western District of Texas. The matter was investigated by agents of the Defense Criminal Investigative Service, and counsel Matthew Freund, along with substantial investigative support from the U.S. Postal Inspection Service, the U.S. Army Criminal Investigation Command, and the Veterans Benefits Administration’s Benefits Protection and Remediation Division. The U.S. Department of State’s Diplomatic Security Service, Philippine law enforcement partners, and the U.S. Attorneys’ Offices for the District of Nevada, the Southern District of California, and the Eastern District of Virginia also provided assistance. Resources from the Department of Justice’s Servicemembers and Veterans Initiative and its Transnational Elder Fraud Strike Force aided in the matter’s investigation and prosecution.
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 particular, 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 training's and outreach sessions across the country since the passage of the Act.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Texas, visit its website at https://www.justice.gov/usao-wdtx. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice; information on the Servicemember and Veterans Initiative is at https://www.justice.gov/servicemembers.
Proposed Settlement with United States and Major Fertilizer Producer will Reduce Acidic Wastewater Generation and Enhance Phosphate RecoveryRead the Press Release
The U.S. Department of Justice and U.S. Environmental Protection Agency (EPA) today announced a settlement with J.R. Simplot Company and its subsidiary, Simplot Phosphates LLC (Simplot), involving Simplot’s Rock Springs, Wyoming, manufacturing facility.
This settlement resolves allegations under the Resource Conservation and Recovery Act (RCRA) at the facility, including that Simplot failed to properly identify and manage certain waste streams as hazardous wastes. The settlement requires Simplot to implement process modifications designed to enable greater recovery and reuse of phosphate, a valuable resource. The settlement also requires Simplot to ensure that financial resources will be available when the time comes for environmentally sound closure of the facility.
Simplot’s Rock Springs facility manufactures phosphate products for agriculture and industry, including phosphoric acid and phosphate fertilizer, through processes that generate large quantities of acidic wastewater and a solid material called phosphogypsum. The phosphogypsum is deposited in a large pile known as a gypstack, and acidic wastewater is also routed to the gypstack. The gypstack at the Wyoming facility is fully lined and has a capacity to hold several billion gallons of acidic wastewater.
This settlement also resolves alleged violations of the Emergency Planning and Community Right-to-Know Act (EPCRA) for Simplot’s failure to report certain quantities of toxic chemicals in accordance with EPCRA standards.
Under the settlement, Simplot agrees to implement specific waste management measures valued at nearly $20 million. Significantly, these measures include extensive new efforts to recover and reuse the phosphate content within these wastes and avoid their disposal in the gypstack. The settlement also includes a detailed plan setting the terms for the future closure and long-term care of the gypstack. The settlement requires Simplot to immediately secure and maintain approximately $126 million in dedicated financing to ensure that funding for closure and long-term care will be available when the facility is eventually closed.
Simplot also agrees to submit revised EPCRA Form R reports (Toxic Release Inventory) for 2004 to 2013 to include estimates of certain metal compounds manufactured, processed, or otherwise used at the facility. Simplot will also pay a $775,000 civil penalty to resolve both the RCRA and EPCRA claims.
The agency previously has required through judicial and administrative settlements that 12 phosphate fertilizer facilities complete extensive injunctive relief and bring their operations into compliance with RCRA.
A consent decree formalizing the settlement was lodged today in the U.S. District Court for the District of Wyoming, and is subject to a 30-day public comment period and approval by the federal court. The consent decree can be viewed at the Department of Justice website: www.justice.gov/enrd/Consent_Decrees.html
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.
President’s Commission on Law Enforcement and the Administration of Justice Holds Hearing on Trust and Respect for Law Enforcement via TeleconferenceRead the Press Release
Yesterday, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on community trust and respect for law enforcement. The hearing was conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.
On Wednesday, July 8, 2020, the commission received testimony from Brian Marvel, President of the Peace Officers Research Association of California (PORAC); Dr. Paul Lilly, Judge, Brown County, Texas; Mick McHale, President of the National Association of Police Organizations (NAPO); and Lieutenant Christopher Cook, Arlington (Texas) Police Department.
The hearing focused on community trust and respect for law enforcement. The panelists discussed the importance of building relationships between law enforcement and communities; consideration for tactical gear choices; adding the presence of social workers or mental health professionals to certain types of emergency calls; the importance of public messaging, especially after a critical incident; and consideration for rewarding positive policing rather than relying on, for instance, the quota system, such as traffic stops, to measure success.
For more information on the commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice.
Audio recordings and transcripts of the hearings will be posted online once available.
Readout of Roundtable Events with Attorney General Barr and Senator Tim Scott in Columbia, South CarolinaRead the Press Release
On Wednesday, July 8th Senator Tim Scott hosted Attorney General William Barr in Columbia, South Carolina for two closed-press roundtable events with faith and community leaders and members of law enforcement to discuss restoring relationships between law enforcement and African American communities in South Carolina and across the country.
At Bethel A.M.E Church, Attorney General Barr and Senator Scott met with a group of faith and community leaders across ideological and political spectrums. Attorney General Barr praised Senator Scott for his work on the Justice Act and the opportunity for the Justice Department to partner with him and his staff on this effort. The Attorney General continued by underscoring the commitment by the Justice Department to rebuilding trust between law enforcement and the communities they police and upholding the rule of law for safer and better communities.
At a second event in downtown Columbia, Attorney General Barr and Senator Scott and met with members of local, state and federal law enforcement. Attorney General Barr stated the critical importance of their work, acknowledging the challenges they face and his commitment to necessary reforms. He continued to affirm his support for the law enforcement officers doing their jobs bravely and righteously to keep their communities safe from harm.
“There is no tougher job in America than being a police officer. We need these institutions to provide peace and security in society to allow our lives to flourish,” said Attorney General Barr. “At the same time, whenever you have that kind of institution, you have the possibility of abuse. We need to support the police so that they’re out there protecting the community, but at the same time we have to be sure that there aren’t these abuses. It’s striking a balance.”
“I’d like to thank Attorney General Barr for making the trip to South Carolina. We certainly had a great conversation with a lot of leaders, and I look forward to continuing the conversations…I’m hopeful that the next couple of weeks may produce the results that we’re looking for,” said Senator Tim Scott.
Attorney General Barr and Senator Scott address members of the press at Bethel A.M.E churchOklahoma City Hospital, Management Company, and Physician Group to Pay $72.3 Million to Settle Federal and State False Claims Act Allegations Arising from Improper Payments to Referring PhysiciansRead the Press Release
Oklahoma Center for Orthopaedic and Multi-Specialty Surgery (OCOM), a specialty hospital in Oklahoma City, Oklahoma, its part-owner and management company, USP OKC, Inc. and USP OKC Manager, Inc. (collectively USP), Southwest Orthopaedic Specialists, PLLC (SOS), an Oklahoma City-based physician group, and two SOS physicians, will pay $72.3 million to resolve allegations under the False Claims Act and the Oklahoma Medicaid False Claims Act of improper relationships between OCOM and SOS, resulting in the submission of false claims to the Medicare, Medicaid and TRICARE programs, the Justice Department announced today.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper financial arrangement, including the payment of compensation that exceeds the fair market value of the services actually provided by the physician and the provision of free or below-market rent and office staff. Both the Anti-Kickback Statute and the Stark Law are intended to ensure that physicians’ medical judgments are not compromised by improper financial incentives and instead are based on the best interests of their patients.
"Offering illegal financial incentives to physicians in return for patient referrals undermines the integrity of our health care system," said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice Civil Division. "Patients deserve the independent and objective judgment of their health care professionals."
"It is critical that we protect the integrity of federal health care benefit programs," said U.S. Attorney Timothy J. Downing for the Western District of Oklahoma. "Patients deserve care based on good medicine and informed choice, not the corrupting influence of money and other benefits. No matter how complex and intertwined modern healthcare economics become, we are committed to ensuring that untainted care is always provided."
"The Defense Criminal Investigative Service is committed to ensuring that TRICARE, the U.S. military healthcare program, continues to provide safe and superior medical care to America's Warfighters," said Michael C. Mentavlos, Special Agent in Charge, Defense Criminal Investigative Service - Southwest Field Office. "Kickback schemes such as those resolved today, undermine our healthcare system, compromise medical decisions, and waste precious taxpayer dollars needed to provide critical care for our Warfighters, their family members, and military retirees."
"Kickback schemes like this drain valuable resources from the federal and state healthcare systems, which go to our most vulnerable," said Oklahoma Attorney General Mike Hunter. "This settlement is substantial and will hopefully send a clear, concise message to those who want to defraud the system – that we will not tolerate these illegal acts in our state. I am pleased we were able to work with our federal partners to achieve this successful outcome."
The settlement resolves allegations that between 2006 and 2018, OCOM and USP provided improper remuneration to SOS and certain of its physicians in exchange for patient referrals to OCOM in the form of (i) free or below-fair market value office space, employees, and supplies, (ii) compensation in excess of fair market value for the services provided by SOS and certain of its physicians, (iii) equity buyback provisions and payments for certain SOS physicians that exceeded fair market value, and (iv) preferential investment opportunities in connection with the provision of anesthesia services at OCOM. The alleged conduct resulted in the submission of claims for services provided to these illegally referred patients, in violation of the False Claims Act and the Oklahoma Medicaid False Claims Act. The settlement also resolves issues arising out of USP’s preferential offering of investment opportunities to physicians at four surgery facilities in Texas. As a result of this settlement, USP will pay $60.86 million to the United States, $5 million to the State of Oklahoma, and $206,000 to the State of Texas. SOS and two of its physicians, Anthony L. Cruse, D.O. and R.J. Langerman, Jr., D.O., will pay $5.7 million to the United States, and $495,619 to the State of Oklahoma.
Contemporaneous with the civil settlement, OCOM and SOS each entered into five-year Corporate Integrity Agreements (CIAs) with the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG). The CIAs require, among other things, that OCOM and SOS each maintain a compliance program and hire an Independent Review Organization to review arrangements entered into by or on behalf of their respective entities. They also increase individual accountability by requiring compliance-related certifications from their key executives.
"Patients rightly expect providers to deliver the best treatment without thought of financial gain," said Miranda L Bennett, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS). "Working with our Federal and State law enforcement partners we will continue protecting government health program beneficiaries and taxpayers."
The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims and to receive a share of any recovery. The whistleblower also alleged claims under the Oklahoma Medicaid False Claims Act. The qui tam case is captioned United States ex rel. Allison v. Southwest orthopaedic Specialists, PLLC, et al., No. CIV-16-569 (W.D. Okla.). The whistleblower share to be awarded in the case has not yet been determined.
These matters were investigated by the U.S. Attorney’s Office for the Western District of Oklahoma, the Civil Division’s Commercial Litigation Branch, and the State of Oklahoma Attorney General’s Office. Investigative assistance was provided by the Office of Inspector General of the Department of Health and Human Services, the Centers for Medicare and Medicaid Services, and the Department of Defense’s Defense Criminal Investigative Service.
The United States’ investigation and resolution of this matter illustrates its 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 claims resolved by the settlement are allegations only, and there has been no determination of liability.
An earlier version of this press release incorrectly stated that the settlement was $77.2 million. The correct amount is $72.3 million.
President’s Commission on Law Enforcement and the Administration of Justice Holds Hearing on Accreditation and Community EngagementRead the Press Release
Last week, the President’s Commission on Law Enforcement and the Administration of Justice continued its series of hearings on community engagement and held a hearing on accreditation. The hearings were conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.
On Tuesday, June 30, 2020, the commission received testimony from Dean Register, Director of the Florida Department of Law Enforcement; Walton County (Fla.) Sheriff Michael Adkinson; Brentwood (Tenn.) Police Chief Jeff Hughes; Tim Bourgeois, Executive Director of the Michigan Commission on Law Enforcement Standards; and Colorado Springs (Colo.) Police Chief Vince Niski.
The panelists discussed accreditation and standards in law enforcement. Testimonies focused on the value of accreditation and the impact it has on enhancing law enforcement and building trust in communities, what it takes to develop a successful accreditation program, the differences between state and national models, and the need for credentialing bodies to involve law enforcement practitioners and other subject matter experts to develop and maintain accreditation standards.
On Wednesday, July 1, 2020, the commission received testimony from Dr. Lorie Fridell, Professor in the Department of Criminology at the University of South Florida; Clearwater (Fla.) Police Chief Daniel Slaughter; and Dr. David Klinger, Professor of Criminology & Criminal Justice at the University of Missouri-St. Louis.
The panel focused on interactions and relationships between communities and law enforcement. Testimony delved into the importance of implicit bias training, the impact implicit bias has on harming relationships between communities and law enforcement, and the need for a culture shift across the nation in order for law enforcement at all levels to perform in the safest way possible.
On Thursday, July 2, 2020, the commission received testimony from Sean Sheppard, Founder of Game Changer, and Luann P. Pannell, Ph.D., Director of Police Training and Education for the Los Angeles Police Department.
The panel focused on community engagement and respect for law enforcement. Mr. Sheppard discussed his organization’s model of using community residents to help train law enforcement in community policing and interpersonal communication. Dr. Pannell discussed the importance of adapting training to meet modern needs. For instance, she testified: “There seems to be misinformation that the number of hours of training equates to the significance or the outcome of training, and that’s just not true. It’s the quality and caliber of the training that will matter most when it comes to optimal performance in the field. For every training hour we receive, we should be questioning if it is teaching them to master and replicate the same skills in the field.”
For more information on the commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice
Audio recordings and transcripts of the hearings will be posted online once available.
Department of Justice Awards $2.2 Million for Innovative Community Policing ProjectsRead the Press Release
The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000.
“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith. “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”
CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:
- Human Trafficking
- Meeting Rural Law Enforcement Challenges
- Officer Safety and Wellness
- Recruitment, Hiring, and Retention
- School Safety
- Staffing and Allocation Studies
- Victim-Centered Approaches
- Violent Crime
- Youth Engagement
Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.
The complete list of awards can be found here. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
Justice Department Settles with Florida-Based Promotional Products Distributor and Retailer to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it reached a settlement with Bel USA LLC (Bel USA), an online distributor and retailer of customized promotional products located in Miami-Dade County, Florida. The settlement resolves claims that Bel USA discriminated against work-authorized non-U.S. citizens by requiring them to provide specific and unnecessary immigration documents when verifying their work authorization, because of their citizenship or immigration status.
“Employers must ensure that their employees are properly trained regarding the employment eligibility verification process so that they do not violate federal law by requiring additional, unnecessary work authorization documents based on a worker’s citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We look forward to working with Bel USA to ensure its future compliance with the Immigration and Nationality Act’s non-discrimination requirements governing hiring, firing, onboarding, and using E-Verify.”
Based on its investigation, the department concluded that Bel USA routinely requested unnecessary and specific documents — such as Permanent Resident Cards and Employment Authorization Documents — from work-authorized non-U.S. citizens with the right to work in the U.S. to establish their employment authorization. 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 Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin.
Under the terms of the settlement agreement, Bel USA will pay a civil penalty of $100,000, train its employees about the requirements of the INA’s anti-discrimination provision, and be subject to reporting and monitoring requirements.
The division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
El Departamento de Justicia celebra un acuerdo con un distribuidor y minorista de productos promocionales con sede en La Florida que resuelve acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que había llegado a un acuerdo con Bel USA LLC (Bel USA), un distribuidor y minorista en línea de productos promocionales personalizados con sede en el Condado de Miami-Dade, Florida. El acuerdo resuelve acusaciones que Bel USA había discriminado a individuos con autorización para trabajar que no eran ciudadanos de los Estados Unidos al requerir que presentasen documentos migratorios específicios e innecesarios a la hora de comprobar su autorización para trabajar, por motivos de su estatus migratorio o de ciudadanía.
«Los empleadores deben asegurar que sus empleados sean capacitados adecuadamente en cuanto al proceso de verificación de la elegibilidad para trabajar para que no vulneren las leyes federales al requerir documentos innecesarios de autorización para trabajar por motivos del estatus de ciudadanía de un trabajador», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Esperamos con interés colaborar con Bel USA para garantizar su futuro cumplimiento con los requisitos antidiscriminatorios de la ley de Inmigración y Nacionalidad que rigen la contratación, la incorporación y el despido de empleados, y el uso de E-Verify».
Con base en su investigación, el Departamento concluyó que Bel USA, de forma rutinaria, pedía documentos específicos e innecesarios, tales como tarjetas de residente permanente y documentos de autorización para trabajar, de individuos con autorización para trabajar que no eran ciudadanos de los EE. UU. con el fin de establecer su autorización para trabajar. Las leyes federales permiten a todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, elegir los documentos válidos y legalmente aceptables que desean presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. La ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores pidan documentos adicionales o diferentes a los necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen.
Conforme los términos del acuerdo conciliatorio, Bel USA pagará una sanción civil de 100.000 $, capacitará a sus empleados acerca de los requisitos de la disposición antidiscriminatoria de la INA y se someterá a una serie de requisitos de declaración y supervisión.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en el estatus de ciudadanía y la nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; las represalias o la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Para más información sobre protecciones contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery .
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Download Settlement Agreement
Componente(s):
División de Derechos Civiles
Derechos Civiles - Sección de Derechos de Inmigrantes y Empleados
Statement by Attorney General William P. Barr on Independence DayRead the Press Release
Attorney General William P. Barr has issued the following statement:
“As we celebrate the 244th anniversary of our nation’s birth, we are reminded that the words of the Declaration of Independence are just as important today as they were the day they were written: ‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.’ The Declaration goes on to make it clear that governments exist to secure these rights and derive their power from the consent of the governed. These words form the foundation of freedom and justice in the United States, and the framework for the rule of law.
For much of our history, the fruits of justice and freedom were not available to all Americans, and redeeming the promise of the Founding remains a work in progress. As our nation confronts challenges ranging from a global pandemic to serious unrest and violence, we must recommit ourselves to the timeless principles that give birth to our nation and that bind us together as a people. At the Department of Justice, we will continue working to uphold those principles by protecting individual rights and enforcing the rule of law. I wish all Americans a happy Fourth of July, and as the Department of Justice celebrates its 150th anniversary, I extend particular gratitude to all of our Department employees for the work they do each day, on behalf of the nation we love.”