District Not Recorded

The Departments of Justice (DOJ) and Homeland Security (DHS) remain committed to proceeding with Migrant Protection Protocols (MPP) hearings as expeditiously as possible.  The departments have been in ongoing discussions about the timing for the resumption of hearings in light of the continuing emergency health conditions in the United States, in Mexico, and in the international community, as many countries continue to be significantly impacted by COVID-19.  As a result of this ongoing review of conditions, and in conjunction with continued implementation of health officials’ COVID-19 guidance, DHS and DOJ are postponing both MPP hearings and in-person document service through, and including, July 17, 2020.  This will alleviate the need for travel within Mexico to a U.S. port of entry while pandemic conditions in Mexico remain severe.  

We anticipate the resumption of hearings on July 20, 2020, so long as public health and safety indicators support hearing reinstatement at that time.  The departments are actively planning to ensure compliance with CDC social distancing guidelines and partnering to secure the equipment and resources necessary to support the resumption of MPP hearings when that time comes.  The departments will reevaluate the timing for resumption of MPP hearings on a weekly basis, evaluating factors that include:

• White House gating criteria articulated in the “Guidelines for Opening Up America Again”;
• State-by-state assessment of COVID-19 levels in Mexico;
• Centers for Disease Control and State Department travel
  advisories/recommendations; and
• COVID-19 exposure risks to migrants traveling throughout Mexico, to agents and officers at the border and at ports of entry, and to court officers, and other court personnel.

When conditions are deemed safe, the departments will provide notice fifteen days prior to resumption with additional, location-specific information.  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.

Assistant Attorney General Makan Delrahim of the U.S. Department of Justice, Antitrust Division, presented the Procurement Collusion Strike Force (PCSF) to the international competition law enforcement community at the Organization for Economic Cooperation and Development (OECD) Competition Committee’s virtual meeting today. 

The PCSF, an initiative of the Antitrust Division in 2019, is an interagency partnership including prosecutors from the Antitrust Division and 13 U.S. Attorneys’ Offices, agents from the Federal Bureau of Investigation, Department of Defense’s Defense Criminal Investigative Service, and additional partner Offices of Inspector General.  The goal of the Strike Force is to leverage the combined expertise and resources of the partner prosecutors and agents to better deter, detect, investigate, and prosecute antitrust crimes and related criminal schemes that affect procurement, grant, and program funding at all levels of government—federal, state, and local.

The OECD Competition Committee includes 38 member countries and the European Union, as well as non-member participant countries, experts, and other invitees.  The Committee brings together leaders of the world’s major competition authorities for a dialogue on competition policy issues, including best practices and standards, and promotes market-oriented reforms.

“The PCSF has already shown significant signs of success on a national level and in the 13 U.S. Attorney Office partner districts,” said Assistant Attorney General Delrahim.  “We hope the Strike Force can serve as a model for other countries looking for innovative ways to more effectively fight bid rigging and other anticompetitive schemes that impact public procurement, and cheat taxpayers, all over the world.”    

Since its launch in November 2019, the PCSF has generated an overwhelmingly positive response from key stakeholders in the procurement space.  More than 50 federal, state, and local government agencies have contacted the PCSF seeking outreach training, assistance with safeguarding their procurement processes, and opportunities to partner with the PCSF on investigations.  In just the last few months, members of the PCSF have trained more than 2,000 criminal investigators, data scientists, and procurement officials.

According to the OECD, the elimination of bid rigging could help reduce procurement prices by 20 percent or more.  The deterrent effect of greater enforcement against illegal collusion in public procurement should save taxpayers billions of dollars per year.  Additional information about the OECD’s recommendations on fighting bid rigging in public procurement can be found at www.OECD.org/Competition/BidRigging.

Over a third of the Antitrust Division’s open investigations relate to conduct affecting public procurement that cheats the American taxpayer out of scarce resources, and the PCSF marks an important effort to better marshal enforcement resources to tackle these cases.  Several grand jury investigations across the country have already been opened as a result of the work of the PCSF.  The PCSF also remains on high-alert for collusion and other criminal schemes impacting public procurement related to the COVID-19 pandemic.

The PCSF has launched a publicly available website at www.Justice.gov/Procurement-Collusion-Strike-Force, where members of the public, including from the international community, can review information about the federal antitrust laws and training programs, and report suspected criminal activity affecting public procurement. 

Individuals and companies are also encouraged to contact the PCSF if they have information concerning anticompetitive conduct involving federal taxpayer dollars by email at [email protected].

Hagatña, Guam - SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant VINCENT JOHN MENO, age 54, from Mangilao, was sentenced in the District Court of Guam to 24 months imprisonment, three years supervised release, 50 hours of community service, $100 special assessment fee, among other things. On December 31, 2019, Meno entered a guilty plea to Felon in Possession of Firearm and Ammunition, in violation of Title 18, United States Code, Section 922(g)(1).

          On May 24, 2006, Meno was convicted in the Superior Court of Guam for Theft of Property (As a Third Degree Felony). As a convicted felon, Meno was prohibited from possessing a firearm and ammunition. On September 2, 2017, officers with the Guam Police Department responded to a reported criminal mischief complaint inside the Lucky Land game room in Dededo, Guam. Officers spoke with the game room cashier who identified Meno as causing a disturbance. During a pat down, officers discovered a pistol and ammunition inside a black sock tucked in Meno’s waistband.

          U.S. Attorney Anderson states, “This case was adopted for prosecution as part of DOJ’s Project Safe Neighborhoods. Our federal partnership with GPD has made this program a success on Guam. Whether through prosecutions, outreach efforts or grant funding, we look forward to future opportunities to keep our communities free from gun violence.”

          The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Guam Police Department. This case was prosecuted by Stephen F. Leon Guerrero, Assistant United States Attorney for the District of Guam.

The Department of Justice announced that the Office of Justice Programs’ Office for Victims of Crime (OVC) has awarded nearly $2 million for law enforcement training and technical assistance to improve the identification of elder fraud victims and connect victims to available resources. The department makes this announcement as communities around the world commemorate World Elder Abuse Awareness Day.

“America’s seniors lose billions of dollars every year to fraud and financial scams, in many cases watching helplessly as their entire life savings disappear before their eyes,” said Office of Justice Programs (OJP) Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are fully committed to helping our law enforcement partners better recognize and combat these reprehensible crimes, bring the perpetrators to justice and begin to repair the damage and restore victims.”

The National White Collar Crime Center will receive $1,940,738 to work with the International Association of Chiefs of Police to identify current training, tools and practices being used to address elder fraud. The project will specifically study current resources available and responses to elder fraud in a rural and an urban jurisdiction in two of the Transnational Elder Fraud Strike Force districts and will develop and deliver trainings for law enforcement to improve the response to elder fraud tailored to the particular needs of different types of jurisdictions. The trainings will be tested, evaluated, and revised as needed and then made available to rural and urban law enforcement agencies nationwide. The Transnational Elder Fraud Strike Force brings together the resources and expertise of the Justice Department’s Consumer Protection Branch, the U.S. Attorneys’ Offices for six federal districts, the FBI, the U.S. Postal Inspection Service, and other law enforcement personnel.

To further combat elder fraud and prevent harm to vulnerable victims, on March 3, 2020, the Justice Department launched the National Elder Fraud Hotline, managed by the OVC, providing services to all adults ages 60 and older who may be victims of financial fraud. Case managers on the hotline assess the needs of the callers and provide information to help them report fraud or may connect them directly with the appropriate agency. Since its inception, the National Elder Abuse Hotline has received more than 1,724 calls.

“Financial fraud is the most common form of abuse suffered by seniors in our country, affecting about one in 10 older Americans,” said OVC Director Jessica Hart. “I am confident that our investment in this effort, and our collaboration with these organizations, will lead to better identification of the victims of these deplorable crimes and greater justice for those victims.”

World Elder Abuse Awareness Day was launched by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations. Its purpose is to raise awareness of the cultural, social, economic, and demographic processes affecting the abuse and neglect of older persons in communities around the world.

For more information on how OVC responds to the right and needs of older victims of elder abuse and financial exploitation, please visit: https://www.justice.gov/elderjustice/mdt.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

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.

Attorney General William P. Barr today directed the Federal Bureau of Prisons (BOP) to schedule the executions of four federal death-row inmates who were convicted of murdering children in violation of federal law and who, in two cases, raped the children they murdered. 

In July 2019, Attorney General Barr directed the BOP to revise the Federal Execution Protocol to provide for the use of a single-drug, pentobarbital — similar to protocols used in hundreds of state executions and repeatedly upheld by federal courts, including the Supreme Court, as consistent with the Eighth Amendment.  A district court’s preliminary injunction prevented BOP from carrying out executions under the revised protocol, but the U.S. Court of Appeals for the D.C. Circuit vacated that injunction — clearing the way for the federal government to resume capital punishment after a nearly two-decade hiatus.

“The American people, acting through Congress and Presidents of both political parties, have long instructed that defendants convicted of the most heinous crimes should be subject to a sentence of death,” said Attorney General William P. Barr.  “The four murderers whose executions are scheduled today have received full and fair proceedings under our Constitution and laws.  We owe it to the victims of these horrific crimes, and to the families left behind, to carry forward the sentence imposed by our justice system.”

In accordance with 28 C.F.R. Part 26, the BOP has scheduled executions for the following death-sentenced inmates:

• Daniel Lewis Lee, a member of a white supremacist group, murdered a family of three, including an eight-year-old girl. After robbing and shooting the victims with a stun gun, Lee covered their heads with plastic bags, sealed the bags with duct tape, weighed down each victim with rocks, and threw the family of three into 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.  Lee’s execution is scheduled to occur on July 13, 2020.
• Wesley Ira Purkey violently raped and murdered a 16-year-old girl, 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 an 80-year-old woman who suffered from polio and walked with a cane.  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 the child’s death, and he was sentenced to death.  Purkey’s execution is scheduled to occur on July 15, 2020.
• Dustin Lee Honken shot and killed five people — two men who planned to testify against him, and a single, working mother and her ten-year-old and six-year-old daughters. On October 14, 2004, a jury in the U.S. District Court for the Northern District of Iowa found Honken guilty of numerous offenses, including five counts of murder during the course of a continuing criminal enterprise, and he was sentenced to death.  Honken’s execution is scheduled to occur on July 17, 2020.
• Keith Dwayne Nelson kidnapped a 10-year-old girl rollerblading in front of her home, and in a forest behind a church, raped her and strangled her to death with a wire. On October 25, 2001, Nelson pled guilty in the U.S. District Court for the Western District of Missouri to the kidnapping and unlawful interstate transportation of a child for the purpose of sexual abuse which resulted in death, and he was sentenced to death.  Nelson’s execution is scheduled to occur on August 28, 2020.

Each of these inmates has exhausted appellate and post-conviction remedies, and no legal impediments prevent their executions, which will take place at U.S. Penitentiary Terre Haute, Indiana.  Additional executions will be scheduled at a later date.

In the June 11, 2020 memorandum to all U.S. Attorneys, Assistant Attorneys General, and the FBI, the Deputy Attorney General extended the grace period until December 1, 2020, on implementing the Office of Legal Counsel's (OLC) 2018 opinion finding that all but one of the prohibitions of the Wire Act, 18 U.S.C. § 1084, apply to non-sports gambling.  During the grace period, federal prosecutors should not apply the Wire Act to non-sports-related betting or wagering.  The Deputy Attorney General also directed that, to ensure continuity across the country, any Wire Act charges must be reviewed and approved by the Criminal Division’s Organized Crime and Gang Section. 

The Department of Justice today announced the launch of the Civil Rights Reporting Portal. This new online tool will make it easier for the public to report a civil rights violation.

“The department is committed to upholding the civil and constitutional rights of all people in the United States,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Reporting Portal will make it easier for the public to connect with us, which in turn makes us more effective at upholding these important rights. I encourage the public to use this portal to report civil rights violations.”

The new Civil Rights Reporting Portal – located at civilrights.justice.gov – will consolidate over 30 unique reporting pathways. The portal will dramatically ease the burden on victims of civil rights violations to identify the proper reporting channel. The form is fully accessible to people with disabilities. It is also available in both English and Spanish, with more languages to be added over the next year.

Individuals who believe that they may have been victims of civil rights violations can learn how to report violations by visiting civilrights.justice.gov.

If you believe that you are a victim of criminal civil rights violations, such as misconduct by law enforcement officers, hate crimes, or human trafficking, please contact your local FBI office.

Dominic Davidson, 27, a former Correctional Officer with the Rapides Parish Sheriff’s Office (RPSO), Detention Center 1, in Alexandria, Louisiana, pleaded guilty today to one misdemeanor count of using excessive force against a pretrial detainee housed at the facility.

“The Justice Department works to protect the civil rights of all citizens, including those in our custody,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “It is disheartening to hear of law enforcement officials who violate the civil rights of citizens instead of aiding in the department’s work to protect them.”

“Law enforcement, including correctional officers, are sworn to uphold and defend the laws of our nation,” said U.S. Attorney David C. Joseph for the Western District of Louisiana. “When they themselves break those laws, they violate not just the rights of their victims, but also compromise the public's trust in law enforcement. My office will hold public servants accountable when they break the law.”

According to court testimony and documents filed in connection with the guilty plea, on June 14, 2018, while on duty as a correctional officer, Davidson entered the locked holding cell of pretrial detainee K.F. and began punching K.F. repeatedly in the face and body. Prior to Davidson entering the cell, K.F., who was completely naked and locked securely inside his cell, had been banging on the door in an attempt to get officers’ attention. In response to the banging, Davidson put on a pair of rubber gloves, unlocked and entered K.F.’s cell, pushed K.F. to the ground, and struck K.F. numerous times in the head and body. At no point before, during, or after the assault did K.F. pose a threat to himself or others.

Davidson faces a maximum statutory penalty of up to 12 months in prison and a fine of up to $100,000. The sentencing will take place on Sept., 15, 2020.

This case was investigated by the FBI. Assistant U.S. Attorney Mary Mudrick of the Western District of Louisiana and Trial Attorneys Katherine DeVar and Thomas Johnson of the Civil Rights Division are prosecuting the case.

A former Calexico City, California councilman along with a former commissioner on the city’s Economic Development and Financial Advisory Commission, pleaded guilty in federal court today to corruption charges, admitting that they accepted cash bribes in exchange for promises of official action by the city.

David Romero and Bruno Suarez Soto entered their pleas before U.S. Magistrate Judge Bernard G. Skomal, who set sentencing for Sept. 4, 2020, before U.S. District Judge Cathy Ann Bencivengo.  Romero and Soto, who were charged in federal court in May, were allowed to remain free on $10,000 personal appearance bonds secured by their own signatures.

According to their plea agreements, Romero and Soto accepted $35,000 in cash bribes from an undercover FBI agent who they believed represented investors seeking to open a cannabis dispensary in Calexico.  In return, Romero and Soto guaranteed the rapid issuance of a city permit for the dispensary, and to revoke or hinder other applicants if necessary to ensure that the bribe payer’s application was successful.  Both men admitted they had taken bribes from others in the past. Referring to this $35,000 payment, they told the undercover agent, “This isn’t our first rodeo.”

In addition to being a councilman, Romero served as Calexico’s mayor pro tem, meaning he was set to become Mayor in July 2020.  Soto recently resigned from the city commission responsible for promoting business and community growth and coordinating with prospective developers to help them invest in the City of Calexico.  Romero resigned from office on June 8, 2020.

The charges filed in the case also allege that both men lied to the FBI when interviewed by agents at the conclusion of a January 30 meeting.  Romero falsely denied being part of any agreement with the undercover agent, and denied that anyone had made any “guarantees” to the agent.  Similarly, Soto falsely denied making any “guarantees” to the undercover agent and denied receiving any prior payments from the agent. 

The FBI investigated the case.  Trial Attorney Joshua Rothstein with the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Nicholas Pilchak of the Southern District of California prosecuted the case.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Justice Department today announced that Assistant Attorney General for Civil Rights Eric Dreiband sent a letter to Montgomery County Maryland executives expressing First Amendment concerns regarding county orders. The letter urges county Executive Elrich and the County Council to ensure that the county’s executive orders and enforcement of them respect both the right of residents to assemble and practice their faith.

The letter applauds Montgomery County for allowing gatherings for political protest, but urges the county to allow gatherings for religious exercise on equal terms. The letter specifically references Montgomery County’s Executive Order No. 070-20, which banned all gatherings larger than 10 persons, County Executive Elrich’s June 1, 2020 statement supporting freedom of assembly and public safety, which nevertheless committed the County to providing a protected environment for peaceful protests. The letter notes that the executive order would have prohibited the protest held in Bethesda, Maryland, on June 2 that reportedly involved hundreds of people packed into a library and urged the County to amend its order to protect its residents’ First Amendment rights. In doing so, the letter cautioned that the County should treat religious gatherings no less favorably than similar secular gatherings. 

“During a crisis it is important for people of faith to be able to exercise their religion,” said Assistant Attorney General for Civil Rights Eric Dreiband. “Montgomery County has shown no good reason for not trusting congregants who promise to use care in worship the same way it trusts political protesters to do the same. The Department of Justice will continue to take action if states and localities infringe on the free exercise of religion or other civil liberties.”

The Department of Justice and the Department of Homeland Security (collectively, the Departments) submitted to the Federal Register for publication a notice of proposed rulemaking (NPRM) that would amend multiple provisions of the Departments’ regulations to create more efficient procedures for the adjudication of claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) regulations.  The NPRM is now available for public inspection and is expected to publish in the Federal Register in the near future.

The NPRM proposes to make the following changes to the Departments’ regulations:

• Amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal, or protection under the CAT adjudicated by an immigration judge in streamlined proceedings, rather than in immigration court proceedings conducted under section 240 of the Immigration and Nationality Act (INA);
• Permit immigration judges to pretermit asylum applications without a hearing if the application does not demonstrate prima facie eligibility for relief;
• Clarify when an application is “frivolous”;
• Clarify standards for the adjudication of asylum and withholding claims including amendments to the definitions of the terms “particular social group,” “political opinion,” “persecution,” and “firm resettlement”;
• Outline factors for adjudicators to consider when making discretionary determinations;
• Clarify the standard for determining the acquiescence of a public official or other person acting in an official capacity under the CAT regulations;
• Raise the burden of proof for the threshold screening of withholding and CAT protection claims from “significant possibility” to a “reasonable possibility” standard;
• Apply bars to asylum and withholding when making credible fear determinations; and
• Clarify the requirement to protect certain information contained in asylum applications.

Overall, the NPRM, consistent with the INA, would allow the Departments to more effectively separate baseless claims from meritorious ones.  This would better ensure groundless claims do not delay or divert resources from deserving claims.  The Departments will consider written comments regarding the NPRM that are submitted per the instructions in the publication.

Yesterday, the President’s Commission on Law Enforcement and the Administration of Justice continued its hearing on community engagement. The hearing was conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.

The commission received testimony from Glen Gilzean, President and CEO of the Central Florida Urban League; Norman Reimer, Executive Director of the National Association of Criminal Defense Lawyers, and; Deena Hayes-Greene, Managing Director, Trainer, and Organizer of the Racial Equity Institute.

The panelists discussed the role of community engagement in the criminal justice system. Mr. Gilzean testified to the importance of building trust between the African American community and law enforcement and provided a number of examples of programs that have demonstrated success in fostering dialogue between the two communities. Ms. Hayes-Greene testified to the systemic disparities that exist for African Americans across all professional fields, but particularly throughout the criminal justice system. Mr. Reimer’s testimony provided many recommendations for reforms for law enforcement, one in particular, he argued, is the need for law enforcement to be subject to certification and de-certification like other professional fields, such as lawyers, social workers, doctors, etc. The prospect of losing one’s certification could serve as a deterrent to wrongdoing and abuse, he said.

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.

Alutiiq International Solutions LLC (AIS), a subsidiary of Afognak Native Corporation (Afognak) and an Alaskan Native Corporation, within the meaning of the Alaska Native Claims Settlement Act, that performs construction work on government contracts, has entered into a non-prosecution agreement (NPA) and has agreed to pay over $1.25 million to resolve the Justice Department’s investigation into a kickback and fraud scheme perpetrated by a former AIS manager on a U.S. Government contract administered by the General Services Administration (GSA), announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. 

As part of the NPA, AIS has agreed to pay $1,259,444 in victim compensation payments to the GSA.  Under the terms of the NPA, AIS and its parent company, Afognak, have agreed to cooperate with the government’s ongoing investigation and prosecution of individuals, and to report to the department evidence of allegations of violations of U.S. fraud, anti-corruption, procurement integrity, and anti-kickback laws.  Afognak and AIS also agreed to enhance their compliance program and internal controls, where necessary and appropriate, to ensure they are designed to detect and deter, among other things, fraud and kickbacks in connection with U.S. federal government contracts.

According to AIS’s admissions contained in the NPA, beginning in or around June 2010, the AIS project manager assigned to a multi-million dollar GSA contract to modernize the Harry S. Truman Federal Building in Washington, D.C., began receiving kickbacks from a subcontractor on the project in exchange for steering work to the subcontractor.  These kickbacks initially were paid in the form of meals, vacations, and other things of value but, by 2015, the AIS project manager began demanding cash kickbacks equivalent to 10 percent of the value of contract modifications that were being awarded to the subcontractor.  At the same time, the AIS project manager billed the GSA for services purportedly provided by an on-site superintendent when there was no superintendent on site.  The AIS project manager’s false and fraudulent billings caused the GSA to pay $568,800 to AIS that it should not have paid.  Additionally, when making contract modification requests to the GSA, the AIS project manager illegally inflated the estimated costs that AIS received from its subcontractor, resulting in $690,644 in monies paid by GSA to AIS.

A number of relevant considerations contributed to the department’s criminal resolution with AIS, including that AIS fully and completely cooperated with the investigation from the moment it became aware of the conduct, committed to paying full restitution to compensate for the GSA’s losses and, at the time of the offense conduct, provided its profits from the relevant contracts to Afognak, which uses these profits to support Afognak’s Alaskan Native shareholders, who are members of severely economically disadvantaged villages.  

In addition, as soon as AIS and Afognak learned of the misconduct, the companies engaged in extensive remedial measures, including enhancing their compliance program and internal controls by, among other things: revising their policies and procedures to complete the separation of the contract procurement and contract execution functions; conducting annual risk assessments related to government contracting; conducting regular audits of a sampling of all procurement files and reviewing all procurements over certain cost thresholds; introducing additional management controls for prime contracts, subcontracts, and government projects that includes requiring higher levels of management to approve contract awards and budget changes; requiring additional trainings specific to the Anti-Kickback Act, including training quizzes, ethics publications, and additions to the annual Code of Conduct training; and tracking all compliance reports received through a third-party hotline and email accounts.

A federal grand jury in the District of Columbia returned an indictment charging the AIS project manager, Elmer Baker, with conspiracy to violate the Anti-Kickback Act, and four counts of wire fraud, in May 2019.  Trial is currently scheduled for Dec. 7, 2020, before U.S. District Court Judge Amy Berman Jackson.

An indictment is merely an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The GSA Office of Inspector General, FBI’s Washington Field Office, and the State Department’s Office of Inspector General are investigating this case.  Trial Attorney Vasanth Sridharan of the Criminal Division’s Fraud Section is prosecuting the case.  The Army Criminal Investigation Division and the FBI’s Atlanta Field Office provided assistance in connection with the case.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Department of Justice today filed a friend-of-the-court brief in the U.S. Court of Appeals for the Ninth Circuit in support of a lawsuit by plaintiffs Ron Givens and Christine Bish, two individuals seeking to hold peaceful in-person protests of 500 to 1,000 people with social distancing on the grounds of the California State Capitol Building.

In its friend-of-the-court brief in the Ninth Circuit, the United States explains that the district court wrongly denied plaintiffs’ request for injunctive relief against California’s total ban on peaceful protests.  While States have broad authority to protect the public during the COVID-19 pandemic, the First Amendment does not give them carte blanche to ban peaceful public protests and rallies.  The brief also explains that the real and legitimate national outcry over George Floyd’s tragic killing has shown the importance of peaceful public protests to maintaining our civic fabric—and has highlighted the extreme nature of a blanket protest ban in California.  Going forward, it could raise First Amendment concerns if California were to hold other protests, such as those proposed by the plaintiffs in this lawsuit, to a different standard.

“Political speech in traditional public gathering spaces is at the core of the First Amendment’s protection of speech and assembly,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.  “Moments of national trial reinforce the importance of the right of the people peaceably to speak and assemble.  For more than two centuries, the First Amendment has endured, and it has helped preserve the United States of America as a beacon of hope and liberty for our people and for oppressed people all over the world.  The right to protest government peacefully is at the heart of who we are as a people.  Today’s filing by the Justice Department makes clear that the First Amendment right to freedom of speech and the rest of the Bill of Rights' protections remain in full force and effect at all times.”

“Now more than ever, Americans are exercising their First Amendment right to peacefully protest, and this fundamental right must be upheld even during times of national emergency,” said Matthew Schneider, U.S. Attorney for the Eastern District of Michigan, who, with Assistant Attorney General Dreiband, is overseeing the Justice Department’s effort to monitor state and local policies relating to the COVID-19 pandemic.

The friend-of-the-court brief is part of Attorney General William P. Barr’s April 27, 2020 initiative directing Assistant Attorney General Eric Dreiband for the Civil Rights Division and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic. 

Givens is a firearms instructor and the director of training at the Sacramento Gun Club.  He has been seeking to hold a protest on the California State Capitol Building grounds objecting to the State’s delay, purportedly due to the COVID-19 outbreak, in conducting background checks for gun purchasers.  Bish is a resident of Sacramento County and is a candidate for the U.S. House of Representatives in the November 2020 general election who also wishes to organize a protest relating to the State’s response to the outbreak on the California State Capitol grounds. 

On March 19, 2020, in response to the COVID-19 pandemic, California Governor Gavin Newsom issued an executive order, which requires “all individuals living in the State of California to stay at home or at their place of residence except as needed to maintain continuity of operations” in various “critical infrastructure sectors.”  The executive order further requires Californians to “heed the State public health directives from the Department of Public Health.”  At the time plaintiffs filed their complaint, those directives banned “until further notice” all public gatherings of any size in any “indoor or outdoor” space, and applied to “all non-essential professional, social, and community gatherings regardless of their sponsor.”  Violations of the executive order are subject to criminal penalties.  Neither the executive order nor the directives in place when plaintiffs filed their complaint made any exceptions for First Amendment activities, such as peaceful protest.  Thus in California, all gatherings of any size protesting government action were banned.     

Following the executive order, the California Highway Patrol denied Givens’ and Bish’s applications for a permit to protest, even though they planned to practice social distancing and to require protesters to wear masks.  In their lawsuit, plaintiffs argued that the grounds of the California State Capitol Building “are the most important and widely used public forum in California” and have been the site of “[c]ountless watershed protests.”  They claimed that California’s actions “amount[ed] to a total ban on public gatherings for the purpose of engaging in First Amendment [conduct] by means of demonstrations, rallies, or protests, regardless of the measures taken to reduce or eliminate the risk of the [COVID-19] virus spreading.” 

Plaintiffs sought injunctive relief, which the district court denied on the ground that California’s “total ban on public demonstrations” is consistent with the First Amendment.  On May 17, 2020, plaintiffs appealed the district court’s order to the Ninth Circuit.

Since the filing of plaintiffs’ appeal, California has announced new guidelines for political protest that, in relevant part, allow socially distant protests of a maximum of 100 attendees or 25% of the relevant area’s maximum occupancy, whichever is lower.  According to California, “[t]his limitation on attendance will be reviewed at least once every 21 days, beginning May 25, 2020,” to “assess the impacts of these imposed limits on public health and provide further direction as part of a phased-in restoration of gatherings that implicate the First Amendment.”  Plaintiffs, who are seeking to hold protests of 500 to 1,000 attendees, are continuing to challenge California’s revised orders.

The federal case on appeal is Givens, et al. v. Newsom, et al., No. 20-15949 (9th Cir.).

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division announced his departure from the department today, effective as of July 3, 2020. 

“Brian has served the Department with distinction,” said Attorney General William P. Barr. “This was his sixth senior leadership role at Justice, and the entire Department benefitted from his managerial expertise, institutional knowledge, and sound judgment. In addition to his able handling of some of the most complex white-collar investigations the Department has ever conducted, one of his greatest contributions to the country were his efforts combatting the nation’s opioid crisis. His decision to use data analytics changed our approach and undoubtedly saved many lives. That is just one example of the many ways Brian innovatively approached today’s law enforcement challenges to make a lasting impact. I am deeply appreciative for his service to the Department and our nation.”

“It truly has been the honor of my professional career to serve at the department once again, and to lead the men and women of the Criminal Division,” Assistant Attorney General Benczkowski said. “Their work ethic and steadfast commitment to the cause of justice, the rule of law, and vindicating the rights of victims, have inspired me every day.”   

During Benczkowski’s tenure as Assistant Attorney General, the Criminal Division has placed a renewed emphasis on exploring the use of data analytics in targeting for criminal investigations and prosecutions.  The division has expanded its in-house data analytics support team and made critical investments in data analytics to help ensure that prosecutors are fully leveraging the use of data and statistics to build cases.

In October 2018, the division announced the formation of the Appalachian Regional Prescription Opioid (ARPO) Strike Force, which combines data analytics with traditional law enforcement tools to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids in the Appalachian region.  The Strike Force, which currently includes 10 U.S. Attorney’s Office Districts, coordinated takedowns in April and September 2019, resulting in charges against 73 defendants, including 64 licensed medical professionals and 48 prescribers, who were involved the alleged illegal distribution of 50 million controlled substance pills.  To date, 27 defendants have pled guilty, and one defendant has been convicted after trial.

The division is also using data analytics as part of an initiative announced in 2018 to investigate and prosecute manipulation of the commodities futures markets by traders injecting orders – that the trader intends to cancel – designed to trick market participants into trading at inaccurate price points.  Our efforts have resulted in numerous guilty pleas of individual traders, as well as a June 2019 NPA with Merrill Lynch Commodities Inc.; a November 2019 deferred prosecution agreement (DPA) with Tower Research Capital, a New York-based financial services firm; and a January 2020 DPA with Propex Derivatives, an Australia-based trading firm, each of which also settled with the Commodity Futures Trading Commission in parallel proceedings. 

With the ongoing COVID-19 pandemic, the division has turned to its expertise using data analytics to help facilitate investigating individuals and businesses who make false statements to defraud the government – and in some instances, banks – to receive stimulus payments from CARES Act programs, with a particular focus on fraud relating to the Paycheck Protection Program (PPP).  To date, the division has charged PPP fraud in six cases against seven defendants.  The division has also conducted outreach to agencies implementing and overseeing CARES Act funds to assist in developing application forms, draft reporting requirements, and advise on protocols that will facilitate future investigation. 

Throughout Benczkowski’s tenure, the division has announced an array of policies and guidance geared towards promoting transparency in white-collar enforcement, including: (1) the division’s “Evaluation of Corporate Compliance Program” Guidance, (2) the division’s Monitorship Memo, (3) the Department’s Inability to Pay Guidance, (4) revisions to the Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (CEP), and (5) the FCPA Unit’s publication of CEP declination letters online.  Driving these efforts has been the view that greater transparency in how prosecutors apply standards and criteria to cases will make investigations more efficient and outcomes fairer and more consistent.

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.

Assistant Attorney General Makan Delrahim and other senior officials from the U.S. Department of Justice, Antitrust Division will participate in the virtual meeting of the OECD Competition Committee over the next two weeks.

“Our continued participation in the global dialogue on competition law enforcement has been a top priority for the Antitrust Division over the past three years,” said Assistant Attorney General Delrahim.  “We very much value our partners abroad and the constructive role these meetings play in convergence of sound competition policy that benefits consumers and innovation.”  

The OECD Competition Committee includes 38 member countries and the European Union, as well as non-member participants, experts, and other invitees.  The Committee brings together leaders of the world’s major competition authorities for a dialogue on competition policy issues, including best practices and standards, and promotes market-oriented reforms.

The roundtables scheduled for the upcoming virtual meeting include the Criminalization of Cartels and Bid-Rigging Conspiracies; Conglomerate Effects of Mergers; Consumer Data Rights and Impact on Competition; Start-ups, Killer Acquisitions, and Merger Control Thresholds; and Competition Policy in Times of COVID-19.  The U.S. submissions on some of these topics, as well as submissions by other OECD members, are available on the OECD Competition Committee’s website at http://www.oecd.org/daf/competition/roundtables.htm.  

On June 9, Assistant Attorney General Makan Delrahim, who chairs the working party 3, that focuses on enforcement and cooperation, will host the Criminalization of Cartels and Bid-Rigging Conspiracies roundtable.

On June 16, the Antitrust Division will present on the Department’s new Procurement Collusion Strike Force (PCSF) to the global community as part of a discussion on developments on competition in public procurement.  Additional information about the PCSF can be found on the Department of Justice’s website at https://www.justice.gov/procurement-collusion-strike-force.

Antitrust Division officials presenting at the OECD meeting include Principal Deputy Assistant Attorney General Barry Nigro, Deputy Assistant Attorney General Rene Augustine, Deputy Assistant Attorney General Richard Powers, Counsel to the Assistant Attorney General Doha Mekki, and Counsel to the Assistant Attorney General Taylor Owings.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The U.S. Department of Justice announced today an agreement with the Government of Guam, as well as the Chamorro Land Trust Commission (CLTC) and its Administrative Director, to resolve claims that Guam’s Chamorro Land Trust Act (CLTA) discriminated against non-Chamorros on the basis of race and national origin in the allocation of Government of Guam land. 

The department’s lawsuit, filed in 2017, alleged that the CLTC, which is part of the Government of Guam and controls approximately 15 percent of Guam’s total land area, violated the Fair Housing Act through its program of granting 99-year residential leases for one-acre tracts, at a cost of one dollar per year, solely to “native Chamorros.”  

Under the terms of the settlement agreement, Guam has agreed to stop taking race and national origin into account in awarding the land leases. The CLTA will be amended to award leases based on whether individuals lost land or use of land, including during World War II and its aftermath, instead of whether an applicant is a “native Chamorro.” The CLTC will also be required to collect information to verify eligibility based on the new, race-neutral criteria. Finally, the agreement prohibits future housing-related discrimination, mandates training on the requirements of the Fair Housing Act, and requires record keeping and reporting so that the Justice Department can ensure compliance with the settlement agreement.

“The Department of Justice is committed to fighting race and national origin discrimination through vigorous enforcement of the Fair Housing Act,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This settlement will ensure that Guam does not discriminate on the basis of race or national origin against non-Chamorros in the administration of its land lease program.”

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the civil rights laws it enforces is available at www.justice.gov/crt. Individuals who believe that they have been victims of housing discrimination may call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected], or contact the Department of Housing and Urban Development at 1-800-669-9777 or through its website at www.hud.gov.

The United States has intervened in a whistleblower lawsuit against AECOM, an architecture and engineering firm based in Los Angeles, California, and certain disaster relief applicants, alleging that they violated the False Claims Act by submitting false claims to the Federal Emergency Management Agency (FEMA) for the repair or replacement of certain facilities damaged by Hurricane Katrina, the Justice Department announced today. 

“FEMA plays a critical role in helping communities to recover from natural disasters,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “To ensure that FEMA can accomplish its mission and help those truly in need, the department will hold accountable those who seek to defraud FEMA by providing false information about their entitlement to assistance.”

Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and program rules, FEMA provided institutional applicants, such as schools and universities, with Public Assistance (PA) program funds for the repair or replacement of facilities damaged by Hurricane Katrina.  Applicable rules, however, limit such funding to the amount required to restore damaged facilities to their pre-disaster condition, and the full cost of replacement is available only if repair estimates exceed a defined threshold.

AECOM received more than $300 million from FEMA between 2005 and 2019 as a technical assistance contractor in support of FEMA disaster response efforts on the Hurricane Katrina recovery.  In this role, AECOM was responsible for conducting site evaluations and preparing and reviewing damage and repair estimates used to determine whether applicants were eligible for PA program funds.  In particular, AECOM and the applicants were responsible for providing FEMA with truthful and accurate information regarding each facility’s pre-disaster design and all damage resulting from Hurricane Katrina. 

The lawsuit alleges that, between 2007 through 2013, AECOM knowingly submitted false claims on behalf of applicants seeking PA program funds, including by using inflated repair estimates and other false information that improperly increased funding for applicants.  In addition, the lawsuit alleges that certain applicants falsely certified the accuracy of the information and are thus jointly and severally liable for false claims prepared and submitted by AECOM on their behalf.  The lawsuit further alleges that, by 2011, AECOM management was aware of systemic problems concerning the provision of false and inaccurate information to FEMA but failed to notify the government.    

One of the recipients named in the lawsuit, Xavier University of Louisiana, has agreed to pay the United States $12 million to resolve its alleged role in the submission of false and misleading repair estimates prepared by AECOM on its behalf.  According to the government’s allegations, Xavier improperly obtained PA program funds for its gymnasium, student center, and electrical grid that substantially exceeded the amounts it was entitled to receive under program rules.  As part of the settlement, Xavier has agreed to cooperate with the department’s investigation of other parties and any related litigation.      

“Federal disaster funds are an instrumental component in the effort to assist disaster victims with their recovery,” said the U.S. Attorney’s Office for the Eastern District of Louisiana.  “The favorable resolution of this False Claims Act matter illustrates the collaborative efforts and firm commitment by our federal partners to use all available remedies to address signs of fraud, waste and abuse.”

“The Department of Homeland Security (DHS) Office of Inspector General will continue to identify and investigate disaster fraud schemes to ensure that taxpayer funds are properly spent to help disaster victims and rebuild affected communities,” said DHS Inspector General Dr. Joseph V. Cuffari.  “We remain committed to working with our partners in the Department of Justice to root out waste, fraud and abuse.”

The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act (FCA) by Robert Romero, an AECOM Project Specialist.  The FCA permits private parties to file suit on behalf of the United States for false claims and to share in any recovery.  The FCA also permits the United States to intervene in such an action, as it has done, in part, in this case.  The whistleblower lawsuit is captioned United States ex rel. Robert Romero v. AECOM, Inc., et al., No. 16-cv-15092 (E.D. La.).  As part of the resolution with Xavier, Mr. Romero received approximately $2.3 million.

The lawsuit is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Eastern District of Louisiana, with assistance from FEMA’s Office of Chief Counsel.  Investigative support is being provided by the Department of Homeland Security’s Office of Inspector General, through its Major Fraud and Corruption Unit and New Orleans Resident Office. 

The claims alleged in the lawsuit, including those resolved by Xavier, are allegations only, and there has been no determination of liability.

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

A federal grand jury in the U.S. District Court in Denver, Colorado, returned an indictment against four executives for their role in a conspiracy to fix prices and rig bids for broiler chickens, the Department of Justice announced.

“Particularly in times of global crisis, the division remains committed to prosecuting crimes intended to raise the prices Americans pay for food,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “Executives who cheat American consumers, restauranteurs, and grocers, and compromise the integrity of our food supply, will be held responsible for their actions.”

The one-count indictment charges four current and former senior executives from two major broiler chicken producers with conspiring to fix prices and rig bids for broiler chickens.  Broiler chickens are chickens raised for human consumption and sold to grocers and restaurants.

According to the indictment, from at least as early as 2012 until at least early 2017, Jayson Penn, Roger Austin, Mikell Fries, and Scott Brady conspired to fix prices and rig bids for broiler chickens across the United States.  Penn is the President and Chief Executive Officer, and Austin is a former Vice President, of a chicken supplier headquartered in Colorado.  Fries is the President and a member of the board, and Brady is a Vice President, of a broiler chicken producer headquartered in Georgia.

“The FBI will not stand by as individuals attempt to line their pockets while hard-working Americans and restaurant owners are trying to put food on their tables,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office.  “Today’s announcement shows the FBI’s commitment to investigating allegations of price fixing so that the perpetrators can be held accountable.”

“Rigging bids and fixing prices hurts consumers and undermines our economic system,” said Peggy E. Gustafson, Inspector General of the Department of Commerce.  “We are committed to working with our law enforcement partners to root out those who take advantage of the American public’s trust.”

“We appreciate the commitment and investigative partnership with the Department of Justice’s Antitrust Division, the Federal Bureau of Investigation, and the Department of Commerce, Office of Inspector General,” said Special Agent in Charge Bethanne M. Dinkins of the U.S. Department of Agriculture (USDA), Office of Inspector General (OIG).  “Ensuring the integrity of competition in agricultural markets in order for producers to receive competitive prices for their products, and to prevent consumers from being cheated, is of the utmost importance to USDA OIG, and we will continue to dedicate resources to the investigation of matters involving such potential of competitive harms.”

Penn, Austin, Fries, and Brady are the first to be charged in an ongoing criminal investigation into price fixing and bid rigging involving broiler chickens.

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

The offense charged carries a statutory maximum penalty of 10 years in prison and a $1 million fine.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.

This case is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the broiler chicken industry, which is being conducted by the Antitrust Division with the assistance of the U.S. Department of Commerce Office of Inspector General, Federal Bureau of Investigation Washington Field Office, and U.S. Department of Agriculture Office of Inspector General.  Special thanks to U.S. Attorney Jason R. Dunn and Assistant U.S. Attorney Hetal Doshi from the District of Colorado for their assistance.

Anyone with information on price fixing, bid rigging, and other anticompetitive conduct related to the broiler chicken industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.

Yesterday, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on the role of public defenders. The hearing was conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.

The commission received testimony from Geoffrey Burkhart, Executive Director of the Texas Indigent Defense Commission; Douglas K. Wilson, Chief Public Defender, Aurora (Colo.) Public Defender’s Office; Carlos J. Martinez, Miami-Dade Public Defender, Miami-Dade County, Fla., and; Mark Stephens, Former Elected Public Defender, Knox County, Tenn.

The panelists discussed the role of the public defender in the criminal justice system. Mr. Burkhart’s opening testimony argued that, “Public defenders are key to a fair justice system. The right to an attorney is a threshold right that helps protect all other constitutional rights… But public defense faces a basic problem: more than half of American counties don’t have a public defender. Instead, they rely on ‘non-systems,’ in which unsupervised attorneys take cases on an ad hoc basis, often for a flat fee.”

In Mr. Martinez’ testimony, he maintained that public defenders’ roles are critical to communities. “The criminal justice system functions by default as if offenders and victims are distinct classes of people with conflicting interests, ignoring the reality that today's offender was yesterday's victim (and vice versa),” he said. “Victims are often family and friends, who frequently identify more with offenders than with law enforcement. When punishment is meted out, the offender is not the only one punished, it is family and the community as well.”

All four testimonies touched on the need for more resources. Mr. Wilson stated, “We have no federal mandate on how the delivery of indigent defense should be funded and provided at the state and local level. This lack of direction and support at the federal level has caused severe resource deficiencies, a lack of sustainable workloads and inconsistent if not non-existence training standards.” Mr. Stephens’ testimony added, “Clients living in poverty often internalize a sense of alienation and exclusion that often manifests itself as hopelessness, desperation, frustration, powerlessness, anxiety, or depression. When public defender services are delivered in run-down, undersized, poorly maintained physical settings by attorneys with overwhelming caseloads, that sense of alienation, exclusion, and lack of worth is reinforced by the client's own lawyer.”

The commission will continue with hearings next week. 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.

The Department of Justice today announced that it has reached a settlement agreement with ChemArt, a Rhode Island-based manufacturer of ornaments and custom-designed collectibles.

The settlement resolves claims that ChemArt discriminated against a U.S. citizen worker because of her perceived citizenship status and then retaliated against the worker when she objected to the practice in violation of the antidiscrimination provision of the Immigration and Nationality Act (INA).

“Employers must be careful not to make requests for more or different work authorization documents than specified by law because of a worker’s actual or perceived citizenship status and should not retaliate against workers for asserting their rights,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We appreciate ChemArt’s cooperation during the investigation and look forward to working with the company to ensure compliance with the antidiscrimination provision of the INA.”

The department began its investigation of ChemArt after the affected worker filed a discrimination complaint. The department’s investigation concluded that after ChemArt offered the worker a human resources staff position, the company unlawfully requested that the worker provide a specific immigration document for employment eligibility verification purposes based on her perceived citizenship status. Soon after she objected to the document request as discriminatory, ChemArt rescinded the worker’s job offer, according to the department. 

Under the INA’s antidiscrimination provision, all workers must be permitted to choose from among the valid work authorization documents to prove their employment eligibility regardless of their citizenship status. The INA’s antidiscrimination provision prohibits employers from requesting specific work authorization documents because of an individual’s citizenship, immigration status, or national origin. The statute also prohibits employers from retaliating against workers because they opposed unlawful employer conduct or conduct that they reasonably believed was unlawful discrimination.

Under the terms of the settlement agreement, ChemArt will pay a civil penalty of $3,000 for the violations, provide back pay to the charging party, review its application and onboarding materials to ensure compliance with the INA’s antidiscrimination provision, train its staff regarding the employment eligibility verification process, and be subject to departmental monitoring for three years.

IER is responsible for enforcing the antidiscrimination 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. 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.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con ChemArt, una empresa con sede en Rhode Island que fabrica ornamentos y piezas de colección diseñados a medida. El acuerdo resuelve una serie de demandas que mantienen que ChemArt discriminó a una trabajadora que es ciudadana de los EE. UU. por motivos de su estatus de ciudadanía percibido y que luego tomó represalias en su contra cuando ella se opuso a esta práctica, en contra de la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés).

«Los empleadores deben procurar que no soliciten documentos de autorización para trabajar adicionales o diferentes a los que la ley prescribe por motivos del estatus de ciudadanía real o percibido de un trabajador y no deben tomar represalias contra trabajadores que hacen valer sus derechos», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Apreciamos la cooperación de ChemArt durante la investigación y anticipamos colaborar con la compañía para garantizar el cumplimiento con la disposición antidiscriminatoria de la INA».

El Departamento inició su investigación de ChemArt después de que la trabajadora afectada presentara una demanda de discriminación. La investigación del Departamento halló que tras ofrecer a la trabajadora un puesto de recursos humanos, ChemArt solicitó, de manera ilícita y basándose en el estatus migratorio percibido de ella, que aquella trabajadora presentara un documento migratorio específico para verificar su elegibilidad para trabajar. Según el Departamento, poco después de que ella se opusiera a la petición del documento, tachándola de discriminatoria, ChemArt rescindió el empleo que le había ofrecido a la trabajadora.  

Conforme la disposición antidiscriminatoria de la INA, a todo trabajador se le debe permitir que escoja de entre los documentos válidos de autorización para trabajar para demostrar su elegibilidad para trabajar, independientemente de su estatus de ciudadanía. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos de autorización para trabajar por motivos del estatus de ciudadanía, el estatus migratorio o la nacionalidad de origen de un individuo. Asimismo, la ley prohíbe que los empleadores tomen represalias contra trabajadores porque estos se hayan opuesto a una conducta ílicita por parte del empleador o a cualquier otra conducta que ellos crean que constituye discriminación ilícita.

Conforme a los términos del acuerdo, ChemArt pagará una sanción civil de 3.000 $ por concepto de las contravenciones, ofrecerá pagos retroactivos a la parte demandante, revisará sus materiales de solicitud de empleo e incorporación al puesto para garantizar que cumplan con la disposición antidiscriminatoria de la INA, capacitará a su personal en cuanto al proceso de verificación de la elegibilidad para trabajar y se someterá a la supervisión del Departamento durante tres años.

La IER 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. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

The Department of Justice today announced nearly $400 million in grant funding through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP).  The Attorney General announced funding awards to 596 law enforcement agencies across the nation, which allows those agencies to hire 2,732 additional full-time law enforcement professionals.  The awards announced today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.  

“The Department of Justice is committed to providing the police chiefs and sheriffs of our great nation with needed resources, tools, and support.  The funding announced today will bolster their ranks and contribute to expanding community policing efforts nationwide,” said Attorney General William P. Barr.  “A law enforcement agency’s most valuable assets are the men and women who put their lives on the line every day in the name of protecting and serving their communities.”

The COPS Hiring Program is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers.  In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics.  In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities.  Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.

CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area.  Forty-three percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention.  The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions. 

The complete list of awards can be found here.  To learn more about CHP, please visit https://cops.usdoj.gov/chp.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Attorney General William P. Barr released the following statement:

“Last night was a more peaceful night in the District of Columbia.  Working together, federal and local law enforcement made significant progress in restoring order to the nation’s capital. 

I am grateful to Chief Peter Newsham and the Metropolitan Police Department for their outstanding work and professionalism.  The District is well served by this exceptional police force. 

I also thank Secretary of Defense Mark Esper, Joint Chiefs of Staff Chairman General Mark Milley, and the men and women of the Department of Defense for their support.  I am particularly impressed by the citizen-soldiers of the D.C. National Guard, who are committed to serving their community, and did so with great effectiveness last night. 

Not least, I am grateful to the many federal law enforcement agencies and personnel who helped protect the District, including the FBI, Secret Service, Park Police, ATF, DEA, Bureau of Prisons, U.S. Marshals Service, Capitol Police, Department of Homeland Security’s CBP and Border Patrol units, and others. 

There will be even greater law enforcement resources and support in the region tonight.  The most basic function of government is to provide security for people to live their lives and exercise their rights, and we will meet that responsibility here in the nation’s capital.”

Attorney General William P. Barr has issued the following statement:

“With the rioting that is occurring in many of our cities around the country, the voices of peaceful and legitimate protests have been hijacked by violent radical elements.  Groups of outside radicals and agitators are exploiting the situation to pursue their own separate, violent, and extremist agenda.

It is time to stop watching the violence and to confront and stop it.  The continued violence and destruction of property endangers the lives and livelihoods of others, and interferes with the rights of peaceful protestors, as well as all other citizens. 

It also undercuts the urgent work that needs to be done – through constructive engagement between affected communities and law enforcement leaders – to address legitimate grievances.  Preventing reconciliation and driving us apart is the goal of these radical groups, and we cannot let them succeed. 

It is the responsibility of state and local leaders to ensure that adequate law enforcement resources, including the National Guard where necessary, are deployed on the streets to reestablish law and order.  We saw this finally happen in Minneapolis last night, and it worked. 

Federal law enforcement actions will be directed at apprehending and charging the violent radical agitators who have hijacked peaceful protest and are engaged in violations of federal law.

To identify criminal organizers and instigators, and to coordinate federal resources with our state and local partners, federal law enforcement is using our existing network of 56 regional FBI Joint Terrorism Task Forces (JTTF). 

The violence instigated and carried out by Antifa and other similar groups in connection with the rioting is domestic terrorism and will be treated accordingly.”

Attorney General William P. Barr has issued the following statement:

“The greatness of our nation comes from our commitment to the rule of law.

The outrage of our national community about what happened to George Floyd in Minneapolis is real and legitimate.  Accountability for his death must be addressed, and is being addressed, through the regular process of our criminal justice system, both at the state and at the federal level.  That system is working and moving at exceptional speed.  Already initial charges have been filed.  That process continues to move forward.  Justice will be served.

Unfortunately, with the rioting that is occurring in many of our cities around the country, the voices of peaceful protest are being hijacked by violent radical elements.

Groups of outside radicals and agitators are exploiting the situation to pursue their own separate and violent agenda. 

In many places, it appears the violence is planned, organized, and driven by anarchistic and far left extremists, using Antifa-like tactics, many of whom travel from out of state to promote the violence. 

We must have law and order on our streets and in our communities, and it is the responsibility of the local and state leadership, in the first instance, to halt this violence.  The Department of Justice (including the FBI, Marshals, ATF, and DEA), and all of our 93 U.S. Attorneys across the country, will support these local efforts and take all action necessary to enforce federal law.

In that regard, it is a federal crime to cross state lines or to use interstate facilities to incite or participate in violent rioting.  We will enforce these laws.”

This week, the President’s Commission on Law Enforcement and the Administration of Justice concluded its hearing on rural and tribal justice with a panel on public safety challenges within American Indian and Alaska Native communities. The commission also began its hearing on community engagement, with a panel on civil rights and oversight. The hearings were conducted via teleconference and featured expert witnesses who provided testimony and answered questions from the commissioners.

On Wednesday, May 27, the commission received testimony from Kurt Alme, U.S. Attorney for the District of Montana; Kevin Allis, Chief Executive Officer of the National Congress of American Indians; Leanne Guy, Executive Director of Southwest Indigenous Women’s Coalition; Vivian Korthuis, Chief Executive Officer of the Association of Village Council Presidents, and; Charles Addington, Director of the Office of Justice Services (OJS), Bureau of Indian Affairs (BIA).

The five panelists discussed the public safety challenges within American Indian and Alaska Native communities. The testimonies touched on the need for more law enforcement resources, such as training, equipment, and funding for salaries. The panelists also emphasized the disproportionate rates of substance abuse and violence faced by American Indian and Native Alaska communities, particularly the rates of sexual violence. They highlighted the fact that a significant percentage of the crime in Indian country is perpetrated by non-tribal members, yet tribal law enforcement does not have the jurisdiction to prosecute offenders who are not tribal members.

On Thursday, May 28, the commission heard testimony from Farhio Khalif, Founder and Executive Director of the Voice of East African Women in Minnesota; Susan Hutson, President of the National Association for Civilian Oversight of Law Enforcement, and; Amy Blasher, Director of the Crime Statistics Management Unit, Federal Bureau of Investigation.

Testimony and discussion focused on civil rights, community engagement, and civilian oversight. Ms. Khalif stressed that thriving, safe communities require strong partnerships and mutual trust between community leaders and law enforcement. Ms. Hutson discussed the importance of civilian oversight of law enforcement, and Ms. Blasher outlined the role the FBI plays in training law enforcement agencies on hate crime investigations.

The commission will conclude its hearing on community engagement next week.

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.

Attorney General William P. Barr has issued the following statement:

“The video images of the incident that ended with the death of Mr. Floyd, while in custody of Minneapolis police officers, were harrowing to watch and deeply disturbing.  The state prosecutor has been in the process of determining whether any criminal charges are appropriate under state law.  On a separate and parallel track, the Department of Justice, including the FBI, are conducting an independent investigation to determine whether any federal civil rights laws were violated.  Both state and federal officers are working diligently and collaboratively to ensure that any available evidence relevant to these decisions is obtained as quickly as possible.  Under our system, charging decisions must be, and will be, based on the law and facts.  This process is proceeding quickly.  As is the typical practice, the state’s charging decisions will be made first.  I am confident justice will be served.”

The Department of Justice announced today that it is requiring Odyssey Investment Partners Fund V, LP (Odyssey), its portfolio company Communications and Power Industries LLC (CPI), and General Dynamics Corporation (General Dynamics) to divest CPI’s wholly-owned subsidiary, CPI ASC Signal Division Inc.  (ASC Signal), in order for CPI to proceed with its proposed acquisition of General Dynamics SATCOM Technologies, Inc. (GD SATCOM), a subsidiary of General Dynamics.  Without the divestiture, the proposed acquisition would substantially lessen competition for the sale of large geostationary satellite antennas in the United States.  

The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed merger.  At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.

“The merger, as originally structured, would have eliminated competition for large geostationary satellite antennas, an essential component of government, military, and commercial satellite communication networks,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.  “Today’s settlement will ensure that the Department of Defense and other purchasers of large geostationary satellite antennas continue to benefit from vigorous competition in the design, manufacture, and sale of these products.”

According to the Justice Department’s complaint, CPI and GD SATCOM are two of only a few firms that design, manufacture, and sell large geostationary satellite antennas.  These antennas are critical components in satellite networks that enable secure communications links in remote areas that lack access to the main telecommunications grid.  The department’s complaint alleges that competition between CPI and GD SATCOM has resulted in higher quality, lower prices, and shorter delivery times, and has fostered innovation, resulting in large geostationary satellite antennas that are more robust and operate at higher bandwidths.  According to the complaint, the combination of CPI and GD SATCOM would leave customers, including the Department of Defense, without a competitive alternative for this critical component of communications networks and likely result in higher prices, less favorable contact terms, and reduced research and development efforts.  

Under the terms of the proposed settlement, Odyssey, CPI and General Dynamics must divest the entirety of CPI’s ASC Signal subsidiary, including its facilities in Texas and Ontario, Canada, as well as other assets related to large geostationary satellite antennas.

Odyssey, a private equity fund managed by Odyssey Investment Partners, is a limited partnership organized in Delaware with its headquarters in New York, New York.  Odyssey Investment Partners has raised over $5 billion since its inception.

CPI, a portfolio company of Odyssey, is a Delaware corporation headquartered in Palo Alto, California.  CPI had sales of approximately $500 million in 2019.

General Dynamics is a Delaware corporation headquartered in Reston, Virginia.  Its subsidiary GD SATCOM earned between $200 million and $300 million in revenues in 2019.

As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register.  Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Katrina Rouse, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530.  At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.

Office of Justice Programs Principal Deputy Assistant Attorney General and Operation Lady Justice Co-chair Designee Katharine T. Sullivan issued the following statement on the first of four virtual listening sessions of the Presidential Task Force on Missing and Murdered American Indians and Alaska Natives:

“The indigenous people of the United States face formidable public safety challenges, perhaps none more troubling than the crisis of missing and murdered American Indian and Alaska Native people. The inexplicable loss of so many family members and loved ones is especially tragic in communities already suffering from disproportionately high rates of violence and where remedies and resources remain scarce. Hearing from tribal members and professionals directly affected by this crisis serves as a poignant and urgent call to support tribal leaders as they work to protect their citizens. We are grateful to everyone who came forward today for their willingness to open up about an issue that has been the source of so much pain for so many American Indian and Alaska Native people. We remain committed to working with tribal leaders and with all law enforcement agencies to better understand this problem and develop more effective responses to turn this tide of violence.”

* * *

Tribal Listening Session Webinars are open to Tribal Leaders and others. Sessions will include a short presentation about the current activities of the task force, followed by a listening session. Registration is required at https://cvent.me/d4EwOP. For more information about the task force, visit https://operationladyjustice.usdoj.gov/.

Assistant Attorney General Stephen E. Boyd released the following statement:

“The Department worked closely with House leaders on both sides of the aisle to draft legislation to reauthorize three national security authorities in the U.S.A. Freedom Act while also imposing reforms to other aspects of FISA designed to address issues identified by the DOJ Inspector General. Although that legislation was approved with a large, bipartisan House majority, the Senate thereafter made significant changes that the Department opposed because they would unacceptably impair our ability to pursue terrorists and spies. We have proposed specific fixes to the most significant problems created by the changes the Senate made. Instead of addressing those issues, the House is now poised to further amend the legislation in a manner that will weaken national security tools while doing nothing to address the abuses identified by the DOJ Inspector General.

Accordingly, the Department opposes the Senate-passed bill in its current form and also opposes the Lofgren amendment in the House. Given the cumulative negative effect of these legislative changes on the Department’s ability to identify and track terrorists and spies, the Department must oppose the legislation now under consideration in the House. If passed, the Attorney General would recommend that the President veto the legislation.”

Attorney General William P. Barr announced today the appointment of Stephen J. Cox as U.S. Attorney for the Eastern District of Texas, pursuant to 28 U.S.C. § 546, effective June 1, 2020.

As U.S. Attorney, Cox will serve as the chief federal law enforcement officer in the Eastern District of Texas.  He will be in charge of overseeing 55 Assistant U.S. Attorneys and 65 support staff, across six offices.  Cox will be responsible for the prosecution of federal criminal offenses in the district, and will represent the United States in all civil litigation in the district.

“I am pleased to appoint Stephen J. Cox as U.S. Attorney of the Eastern District of Texas.  Steve has been a consummate professional and dedicated leader throughout his time in the Office of the Associate Attorney General,” said Attorney General William P. Barr.  “Steve’s vast experience in areas ranging from regulatory reform to fraud to corporate compliance, and his reputation for fairness, sound judgment, and management, will serve him well in Eastern Texas.”

Before being appointed as U.S. Attorney, Cox served as Deputy Associate Attorney General and Chief of Staff within the Department’s Office of the Associate Attorney General.  In his role, Cox spearheaded numerous policy reforms relating to corporate enforcement and regulatory reform, as well as overseeing several Department matters relating to financial fraud and healthcare fraud.  He also served as vice chair of the Deputy Attorney General’s working group on corporate enforcement and accountability, and as executive director of the Department’s regulatory reform task force. 

Previously, Cox served on the William H. Webster Commission on the FBI, Counterterrorism, Intelligence, and the Events of Fort Hood, and as a senior advisor to the Director of U.S. Immigration and Customs Enforcement.  Cox has also spent time in private practice, dealing with white collar investigations, ethics and compliance, and regulatory matters.

Cox has a B.S. degree from the Texas A&M University and J.D. degree from the University of Houston Law Center.  He is a member of the Texas and District of Columbia bars.

For more information about the U.S. Attorney’s Office for the Eastern District of Texas, please visit https://www.justice.gov/usao-edtx. 

Attorney General William P. Barr issued the following statement:

“Today we pause to remember that freedom is not free.  It was bought with the price of lives lost and sacrifices made by countless Americans and their families.  Generations of Americans answered the call and many paid the ultimate price to preserve our freedom.  We honor their memory today by thanking them and their families for their service and sacrifice and resolving to continue to preserve our freedom for generations to come.”

On the final Monday in May each year we pause as a nation to pay our respects to those members of the Armed forces who have devoted themselves and risked their lives to the defense of our nation.  This year, while all else has changed, we continue this important task.  In our country’s history, members of our armed forces have sacrificed in order to protect Americans on every continent.  Now, the battle is at home.  And the fight is against an invisible foe.  Nevertheless, members of our armed forces have stood up in our defense.

In every state across our nation, members of our armed forces are working together with first responders to battle the COVID-19 pandemic.  States have activated over 47,000 National guard soldiers and airmen to participate in the response to COVID-19.

For example, the New York National Guard (NYNG) is currently operating five antibody testing sites, and thousands of tests have been administered.  The NYNG is also operating a hand sanitizer delivery mission, where more than 60,000 gallons of sanitizer have been distributed in the lower Hudson Valley.  National Guard members have taken on further initiatives to address food supply issues.  In the state of Washington, farmers who could not sell their produce to restaurants or food establishments donated hundreds of tons of potatoes, and the National Guard has distributed more than 200,000 pounds of potatoes in Tacoma.  

And Guard members continue to transform facilities into COVID-19 relief centers. For example, Air Force Airman 1st Class Arielle Robles, an administration specialist with the Connecticut Air National Guard’s 103rd Airlift Wing, assisted in building a recovery center on her college campus.

Sadly, we have new names to add to the venerated list of those individuals who sacrificed their lives for our country.  Captain Douglass Hickok, a 57-year-old physician assistant in the New Jersey National Guard, was the first servicemember to succumb to COVID-19.  In total the Department of Defense has reported that 25 servicemembers and civilian contractors have lost their lives to this virus, and they and their families are in our thoughts and prayers on this day.

The Department of Justice remains committed to doing everything in its power to assist our servicemembers as they operate in this complex and dynamic battlefield.  The department also remains solidly committed to continue fighting for our servicemembers and veterans.  On this day especially, as we remember those who have fought and died for us, we thank all servicemembers, veterans, and their families for their service, dedication, and sacrifice.

                                                Eric S. Dreiband

                                                Assistant Attorney General, Civil Rights Division

This week, the President’s Commission on Law Enforcement and the Administration of Justice began its hearing on rural and tribal justice over three days via teleconference. Each teleconference featured expert witnesses who provided testimony and, subsequently, answered questions from the commissioners.

On Tuesday, May 19, the commission received testimony from Ronald Parsons, U.S. Attorney for the District of South Dakota; Andover (Kansas) Police Chief Michael Keller; Apex (North Carolina) Police Chief John Letteney, and; Ziebach County (South Dakota) State Attorney Cheryl Laurenz-Bogue.

Testimony and discussions focused on challenges law enforcement face in rural areas. All panelists spoke of the urgent need for resources in rural counties across the country. There is a lack of recruits, funding, technology, and training. In addition, across rural America, substance abuse, specifically methamphetamine, is having a significant impact on communities and leading to an increase in crime.

On Wednesday, May 20, the commission heard testimony from Cochise County (Ariz.) Sheriff Mark Dannels; Bryan Schroeder, U.S. Attorney for the District of Alaska; Laramie County (Wyoming) Sheriff Danny Glick, and; Carleton County (Minn.) Sheriff Kelly Lake.

Testimony and discussion focused on geographic issues for rural communities. The panelists spoke of the hardship long distance and challenging terrain presents to rural law enforcement. There are too few law enforcement officers given the size of the jurisdiction they are tasked with policing. For instance, the transport times from jails to courts or for an officer to respond to an emergency call can take hours. Similarly, law enforcement need proper equipment and vehicles for some of the more challenging landscapes – especially in Alaska where there are often few roads.

On Thursday, May 21, the commission heard testimony from Trent Shores, U.S. Attorney for the Northern District of Oklahoma; Saint Regis Mohawk Tribal (New York) Police Chief Matthew Rourke; Redding Rancheria Tribal Court Chief Judge Richard Blake, and; Sycuan Tribe (Calif.) Police Chief Bill Denke.

Testimony and discussion focused on the criminal justice system in Indian Country. The panelists testified to the need for more law enforcement partnerships, more law enforcement officers on the ground, and, if the officers or agents are non-tribal, the need for law enforcement to have an awareness and appreciation for tribal culture.

The commission will conclude its hearing on rural and tribal justice next week.

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.

Attorney General Barr issued the following statement:

“The United States and our partners are in an urgent race against the People’s Republic of China (PRC) to develop and build 5G infrastructure around the world.  Our national security and the flourishing of our liberal democratic values here and around the world depend on our winning it.  Future 5G networks will be a critical piece of global infrastructure, the central nervous system of the global economy.  Unfortunately, the PRC is well on its way to seizing a decisive 5G advantage.  If the PRC wins the 5G race, the geopolitical, economic, and national security consequences will be staggering.

The PRC knows this, which explains why it is using every lever of power to expand its 5G market share around the globe.  The community of free and democratic nations must do the same.

To compete and win against the PRC juggernaut, the United States and its partners must work closely with trusted vendors to pursue practical and realistic strategies that can turn the tide now.  Although the ‘Open RAN’ approach is not a solution to our immediate problem, the concept of Integrated and Open Networks (ION), which was the topic of yesterday’s roundtable, holds promise and should be explored.  We can win the race, but we must act now.”

The Presidential Task Force on Missing and Murdered American Indians and Alaska Natives announced four listening sessions to be conducted by teleconference in May and June.  In response to the COVID-19 health emergency, previously scheduled in-person sessions have been postponed and will be rescheduled as soon as it is safe to do so.

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 task force, designated Operation Lady Justice, has been empowered to review Indian Country cold cases, to strengthen law enforcement protocols, and work with tribes to improve investigations, information sharing and a more seamless response to missing persons investigations.

Tribal Listening Session Webinars are open to Tribal Leaders and others.  Sessions will include a short presentation about the current activities of the task force, followed by a listening session. 

Registration information for the following listening sessions is available at https://operationladyjustice.usdoj.gov/. 

May 27, 2:00 - 3:30 p.m. EDT

Tribes in Bureau of Indian Affairs (BIA)’s Eastern Region (Tribal land located in Louisiana, Arkansas, Missouri, Illinois, Indiana, Ohio and all states to the east coast)

May 29, 2:00 - 3:30 p.m. EDT

Tribes in BIA’s Southern Plains, Southwest, Western and Rocky Mountain Regions (Tribal land located in Texas, Oklahoma, Kansas, Colorado New Mexico, Nevada, Utah, Arizona, Montana and Wyoming)

June 2, 2:00 - 3:30 p.m. EDT

Tribes in BIA’s Midwest and Great Plains Regions (Tribal land located in Minnesota, Iowa, Michigan, Wisconsin, North Dakota, South Dakota and Nebraska)

June 3, 2:00 - 3:30 p.m. EDT

Tribes in BIA’s Pacific, Northwestern and Alaska Regions (Tribal land located in California, Oregon, Washington, Idaho and Alaska)

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/.

The Department of Justice today honored six detectives of the Child Exploitation Unit of the Volusia County Sheriff’s Office in Daytona Beach, Florida, for their investigation that resulted in the timely arrest of a child sexual predator and pornographer. The suspect, who admitted to victimizing at least three children, was with young children at the time of his arrest.

The detectives received the Missing Children’s Child Protection Award, which was announced as part of the 37th annual commemoration of National Missing Children’s Day. This award recognizes the extraordinary efforts of law enforcement officers who have made a significant investigative or program contribution to protecting children from abuse or victimization.

 “The quick thinking and actions of these detectives resulted in the rescue of two little children — in a matter of hours — from the control of an evil person,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “No longer will this man be able to exploit and hurt them, or other children. The Department of Justice applauds these officers’ successful work to bring him to justice.”

The officers recognized are:

• Detective Chastity Burke
• Detective Dennis Miller
• Detective Keith Earney
• Detective Jason Turner
• Detective Ruben Escobar
• Detective Eugene Mefford

On May 30, 2019, the North Florida ICAC Task Force informed the Volusia County Sheriff’s Office that a suspect had approached an individual online about participating in sexual activities with very young children. The suspect said he would be alone with his nieces, ages 3 and 4, on May 31. The detectives used the suspect’s screen name to identify and locate him, and to execute a search warrant at the residence. Within six hours, they found the suspect with the children and identified them as subjects in a disturbing video. The suspect’s phone revealed hundreds of pornographic images and videos, and the detectives arrested him for child molestation and possession of child pornography.

“The vigilance of this law enforcement unit proves there is a critical need for dedicated and timely investigative work in the fight to stop those who would hurt children, society’s most defenseless,” said Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “The Justice Department commends the Child Exploitation Unit of the Volusia County Sheriff’s Office for bringing this sex offender to justice and for its commitment to stopping further child victimization.”

The department also recognized three other law enforcement officers in Wisconsin and Louisiana, as well as a school bus driver from Florida, for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of the 2020 National Missing Children’s Day poster contest.

Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components is located at www.ojp.gov.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Department of Justice today announced awards to nine courageous individuals, which include law enforcement officers from Wisconsin, Louisiana and Florida, as well as a school bus driver from Florida, for their efforts in finding missing children and bringing child sexual predators and child pornographers to justice.

“The Department of Justice is proud to honor the law enforcement officers and private citizens who showed courage, presence of mind, and an unwavering commitment to protecting children from dangerous predators,” said Attorney General William P. Barr. “We thank these heroes, whose actions made it possible to bring to justice those who attempted to exploit our most innocent and vulnerable citizens.”

“The safety, indeed the very lives, of our nation’s children depend on constant vigilance by skilled professionals and citizens willing to keep a watchful eye on the young people in their charge,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The honors we confer on these exceptional individuals come with our highest respect and our deepest gratitude.”

President Ronald Reagan proclaimed May 25, 1983, the first National Missing Children’s Day in memory of 6-year-old Etan Patz, who disappeared while walking to his bus stop in lower Manhattan on May 25, 1979. National Missing Children’s Day honors his memory as well as those children still missing. Etan’s killer was convicted in February 2017 for the 1979 murder, but the case remains active with the National Center for Missing & Exploited Children because his body was never found.

Today’s announcement is part of the 37th annual commemoration of National Missing Children’s Day. Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention (OJJDP) Administrator Caren Harp.

“The vigilance of these law enforcement officers demonstrates the crucial need for dedicated and timely investigative work in stopping those who would hurt children,” said OJJDP Administrator Caren Harp. “We applaud them for returning the missing children, holding sex offenders accountable and stopping further child victimization.”

The recipients of this year’s awards are honored with the following:

Attorney General’s Special Commendation: This commendation recognizes the extraordinary efforts and significant investigative or program contributions of an Internet Crimes Against Children task force or affiliate agency, or an individual assigned to either.

• Recipients: Criminal Investigation Director Matthew Joy, Commander of the Wisconsin Department of Justice’s Internet Crimes Against Children Task Force in Appleton, Wisconsin, and Special Agent in Charge Jesse Crowe, Supervisor of the Internet Crimes Against Children Task Force  for the Western District of Wisconsin. Director Joy and SAC Crowe led an urgent search of a house and located a missing 14-year-old girl. She had been transported across state lines by a suspected child molester with whom she had been chatting online. The man received a sentence of 11 years and 3 months in federal prison.

Missing Children’s Citizen Award: This award honors the extraordinary efforts of private citizens for their unselfish acts to recover missing or abducted children safely.

• Recipient: Ms. JoAnn Donovan of Punta Gorda, Florida. When a 15-year-old girl with special needs did not board the school bus that picked her up at her foster home, she was reported missing. As part of their investigation, officers interviewed Ms. Donovan, the bus driver, who told police that the girl had recently been talking on her cell phone with her biological mother, from whose custody she had been removed. An alert yielded a photo of the girl and her mother passing through a tollbooth in another state. Police returned the girl to her foster family unharmed just one day after she went missing, and her mother will spend two years in jail.

Missing Children’s Law Enforcement Award: This award recognizes the extraordinary efforts of law enforcement officers who made a significant investigative or program contribution to the safety of children.

• Recipient: Senior Inspector Gerald Dysart of the U.S. Marshals Service, New Orleans, Louisiana. Mr. Dysart provided the expertise and guidance for Operation Empty Nest in Atlanta, Georgia, which recovered 16 missing children over a span of two weeks. Among the recovered were children who were victims of sex trafficking, exploitation, and sexual and physical abuse.

Missing Children’s Child Protection Award: This award honors the extraordinary efforts of law enforcement officers who made a significant investigative or program contribution on behalf of missing, abused or victimized children.

• Recipients: Detectives Chastity Burke, Dennis Miller, Detectives Keith Earney, Jason Turner, Ruben Escobar and Eugene Mefford, all of the Child Exploitation Unit at the Volusia County Sheriff’s Office in Daytona Beach, Florida. The six detectives rescued two child victims within six hours of executing an emergency search warrant. The suspect was found with the preschool girls, with whom he had appeared in a disturbing video provided to the detectives. A forensic examination of the suspect’s phone showed hundreds of images and videos of child pornography. He was arrested for child molestation and possession of child pornography.

The Department also recognized Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of this year’s National Missing Children’s Day poster contest. 

In 2019, the FBI’s National Crime Information Center included 421,394 entries for missing children. Additional information about National Missing Children’s Day is available online. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Department of Justice today awarded the Attorney General’s Special Commendation to Criminal Investigation Director Matthew Joy, Commander of the Wisconsin Department of Justice’s Internet Crimes Against Children Task Force in Appleton, Wisconsin, and Special Agent in Charge Jesse Crowe, Supervisor of the Internet Crimes Against Children Task Force for the Western District of Wisconsin. In January 2019, Director Joy and SAC Crowe led an urgent search to locate a missing 14-year-old girl who had been transported across state lines by a suspected child molester with whom she had been chatting online. The perpetrator was arrested, convicted, and is now serving a sentence of 11 years and 3 months in federal prison.

The announcement is part of the 37th annual commemoration of National Missing Children’s Day. This special commendation recognizes the extraordinary efforts and significant investigative or program contributions of an Internet Crimes Against Children task force or affiliate agency, or an individual assigned to either.

“Director Joy and SAC Crowe are the epitome of persistence and commitment in law enforcement,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice congratulates them on their tireless efforts to bring this child molester to justice, and we stand with the public safety professionals of Wisconsin in their work to protect America’s children.”

“The fierce dedication and determination of Director Joy and SAC Crowe helped bring a sexual predator to justice and rescue a young girl from almost certain harm,” said Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “We applaud their efforts and thank them for their courage and bravery.”

The department also recognized seven law enforcement officers from Louisiana and Florida, as well as a school bus driver from Florida, for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of the 2020 National Missing Children’s Day poster contest.    

Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants and resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Department of Justice today awarded Deputy U.S. Marshal Gerald Dysart with the Missing Children’s Law Enforcement Award. Mr. Dysart, who is based in New Orleans, led an operation to recover 16 at-risk children over a period of two weeks.

Announcement of the honor is part of the 37th annual commemoration of National Missing Children’s Day. The Missing Children’s Law Enforcement Award recognizes the extraordinary efforts of officers who have made a significant investigative or program contribution to the safety of children.

“Senior Inspector Dysart exemplifies persistence and commitment in law enforcement,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice congratulates him on his tireless efforts to bring these children home, and we stand with our nation’s federal officers in their work to protect America’s youth.”

Mr. Dysart provided the expertise and guidance that, over several months, forged Operation Empty Nest in April 2019. The Atlanta, Georgia, operation recovered missing children who were victims of sex trafficking, exploitation, and sexual and physical abuse. It involved the U.S. Marshals Service Missing Child Unit, Southeast Regional Fugitive Task Forces, Georgia Bureau of Investigation, and National Center for Missing & Exploited Children (NCMEC).

Mr. Dysart’s involvement began in 2016, when he started the U.S. Marshals Service Missing Child Unit, following passage of the Justice for Victims of Trafficking Act. Without additional staff or funding, he built the unit using existing resources and developed a training curriculum used nationwide. In collaboration with NCMEC, Dysart helped recover 500 critically missing children in just the past two years.

“Senior Inspector Dysart used his extensive experience to prepare and direct the highly successful Operation Empty Nest,” says Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “The Department of Justice praises his expertise and collaborative abilities, which made possible the rescue of 16 children — among our society’s most vulnerable — from evil people who would do them harm.”

The department also recognized eight other law enforcement officers from Wisconsin and Florida, as well as a school bus driver from Florida, for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of this year’s National Missing Children’s Day poster contest.

Due to restrictions resulting from COVID-19, the in-person award ceremony has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and OJJDP Administrator Harp.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components is located at www.ojp.gov.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The Department of Justice today presented Ms. JoAnn Donovan with the Missing Children’s Citizen Award. Ms. Donovan, a school bus driver from Punta Gorda, Florida, helped locate a 15-year-old girl with special needs who was reported missing when she did not board the bus at her foster home. This award honors the extraordinary efforts of private citizens for their unselfish acts to recover missing or abducted children safely, and comes during the 37th annual commemoration of National Missing Children’s Day.

In an interview with the officers investigating the case of the missing child, Ms. Donovan reported that the girl had recently been talking on her cell phone with her biological mother, from whose custody she had been removed. A tip yielded a video camera picture taken of the child and her mother in a car passing through a tollbooth in another state. Police returned the girl to her foster family unharmed just one day after she went missing. Her mother will spend two years in jail.

“The compassion and loyalty that Ms. Donovan encompasses demonstrate the positive impact that ordinary citizens can have on the lives of those around them,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice applauds her efforts, along with those of the law enforcement officials who searched for the girl and brought her home safely.”

“Ms. Donovan’s dedication to and awareness of the children she transports made all the difference in this case,” said Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “We would like to congratulate her and the officers involved for quickly finding and returning this child to her foster family.”

The department also recognized nine law enforcement officers from Wisconsin, Louisiana, and Florida for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of the 2020 National Missing Children’s Day poster contest.    

Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants and resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The former Director of Operations of the U.S. Navy’s Military Sealift Command Office in Busan, Republic of Korea (ROK) was charged in a complaint filed today in connection with his alleged participation in a bribery conspiracy and alleged lying to federal investigators.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge David Bell of the Naval Criminal Investigative Service’s (NCIS) Far East Field Office, and Special Agent in Charge Stanley A. Newell of the Defense Criminal Investigative Service’s (DCIS) Transnational Operations Field Office made the announcement.

Xavier Fernando Monroy, 62, a U.S. citizen, was charged in a complaint filed in the District of Columbia with one count of conspiracy to commit bribery, one count of bribery, one count of false statements, and one count of obstruction of justice. 

The affidavit in support of the complaint alleges that Monroy engaged in a conspiracy to commit bribery with Sung Yol “David” Kim, the owner of DK Marine, a ROK-based company that provided ship husbanding services to the U.S. Navy, and James Russell Driver III, a former civilian U.S. Navy cargo ship captain, in connection with the provision of husbanding services for Driver’s ship during a December 2013 port visit in Chinhae, ROK.  In order to steer the ship’s husbanding services business to DK Marine, Driver sought, and Kim conveyed, Monroy’s directions on how to circumvent appropriate Navy procedures.

According to the affidavit, Monroy also provided Kim with confidential and other proprietary, internal U.S. Navy information.  In exchange for the steering of business and the provision of such information, Kim paid bribes to Monroy, including cash, personal travel expenses, meals and alcoholic beverages, and the services of prostitutes.  The affidavit further alleges that in July 2019, Monroy repeatedly lied to DCIS and NCIS during a voluntary interview. 

Driver pleaded guilty to one count of conspiracy to commit bribery for his role in March 2019 before U.S. District Judge Arthur J. Tarnow of the Eastern District of Michigan.  Kim pleaded guilty to one count of conspiracy to commit bribery for his role on May 1, 2020, before U.S. District Judge Mark A. Goldsmith of the Eastern District of Michigan.

A complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

NCIS and DCIS investigated the case.  Trial Attorney Jessee Alexander-Hoeppner of the Criminal Division’s Fraud Section is prosecuting the case. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The United States has partially intervened in a False Claims Act lawsuit against William M. Kelly, M.D. Inc. and Omega Imaging Inc. in the U.S. District Court for the Central District of California, the Department of Justice announced today.  The government intervened as to allegations that the defendants, which operate 11 radiology facilities in Southern California, violated the False Claims Act by submitting claims to Medicare for unsupervised radiology services and services provided at unaccredited facilities.     

“Today’s announcement demonstrates the department’s commitment to protect the public fisc and ensure the safety of Medicare beneficiaries,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The department will aggressively pursue unscrupulous healthcare providers who cut corners for profits and jeopardize the health and safety of Medicare beneficiaries.” 

Medicare requires that certain procedures, such as CT and MRI scans that involve intravenous contrast materials, be performed under “direct physician supervision,” which means that a physician must be present within the office suite during the procedure.  The lawsuit alleges that that defendants performed and billed Medicare for contrast procedures without the proper physician supervision.  The suit further alleges that certain of the defendants’ facilities lacked accreditation, which is a material Medicare billing requirement. 

The case was filed under the qui tam or whistleblower provisions of the False Claims Act Act, which allow private parties to file suit on behalf of the United States for false claims and to receive a share of any recovery.  The Act also permits the United States to intervene and take over the lawsuit, as it has done here in part.  Those who violate the Act are subject to treble damages and applicable penalties.       

The government’s partial intervention in this matter illustrates the government’s emphasis on combating health care fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services (HHS), at 800-HHS-TIPS (800-447-8477).

This case is being handled by the Department of Justice’s Civil Division with assistance from the Office of Inspector General of the Department of Health and Human Services.  The case is captioned United States ex rel. Syd Ackerman v. William M. Kelly, M.D., Inc. and Omega Imaging, Inc., Civil Action No. ED CV 13-02195 JGB (C.D. Cal.).

The claims in which the United States has intervened are allegations only, and there has been no determination of liability.

The President today declared his intent to nominate Justin E. Herdman, who currently serves as the United States Attorney for the Northern District of Ohio, to become the next United States Attorney for the District of Columbia.  Concurrent with that decision, Attorney General William P. Barr also announced a number of key leadership changes at the Department of Justice. 

Timothy J. Shea, the current U.S. Attorney for the District of Columbia, will be designated Acting Administrator for the Drug Enforcement Administration (DEA).  After almost two years of heading the DEA, Uttam Dhillon will assume a senior leadership role within the Department.  Effective May 19, Michael Sherwin, who is currently the Principal Assistant United States Attorney for the District of Columbia, will serve as Acting United States Attorney, pursuant to 5 U.S.C. § 3345(a)(1).  While Mr. Sherwin is the Acting U.S Attorney, Kenneth Kohl will perform the functions and duties of the Principal Assistant United States Attorney.  

“I am pleased that the President has chosen Justin Herdman as the nominee to be the next United States Attorney for the District of Columbia.  Justin has taken an increasing role in the leadership of the Department, and this nomination is a reflection of his sharp intellect, sound judgment, and dedication to the mission of the Department of Justice,” said Attorney General William P. Barr.  “Justin has proven himself to be a fair prosecutor, capable litigator, and excellent manager, and I look forward to his confirmation by the Senate for this important position.  I would also like to express my gratitude to Tim Shea, who has served as the United States Attorney since February 2020.  I look forward to working with him as he assumes the role of Acting Administrator of the Drug Enforcement Administration.  I would also like to thank Uttam Dhillon for his service as the Acting Administrator.  Throughout his tenure, Uttam has proven to be a great colleague and a dedicated and thoughtful leader.  I look forward to working with him as he assumes a senior leadership role in the Department.”

Today, Attorney General William P. Barr and FBI Director Christopher Wray announced significant developments in the FBI’s investigation of the December 6, 2019 shooting at Naval Air Station Pensacola that killed three U.S. sailors and severely wounded eight other Americans.  On January 13, 2020, Attorney General Barr announced that the shooting was an act of terrorism and publicly asked Apple to help the FBI access the locked contents of two iPhones belonging to the deceased terrorist Mohammed Saeed Alshamrani.  The company declined to do so.

Attorney General Barr announced that the FBI recently succeeded in unlocking the phones of Alshamrani, who had attempted to destroy them while launching his attack.  The phones contained important, previously-unknown information that definitively established Alshamrani’s significant ties to Al Qaeda in the Arabian Peninsula (AQAP), not only before the attack, but before he even arrived in the United States.  The FBI now has a clearer understanding of Alshamrani’s associations and activities in the years, months, and days leading up to the attack.

“Thanks to the great work of the FBI – and no thanks to Apple – we were able to unlock Alshamrani’s phones,” said Attorney General Barr.  “The trove of information found on these phones has proven to be invaluable to this ongoing investigation and critical to the security of the American people.  However, if not for our FBI’s ingenuity, some luck, and hours upon hours of time and resources, this information would have remained undiscovered.  The bottom line: our national security cannot remain in the hands of big corporations who put dollars over lawful access and public safety.  The time has come for a legislative solution.” 

“I could not be prouder of the relentless dedication of the men and women at the FBI who worked for months under difficult conditions to access these devices,” said Director Wray.  “Their skill and persistence, and the sustained investigative efforts by FBI Jacksonville, the FBI’s Counterterrorism Division, and our many other federal, state, and local partners, have been nothing short of extraordinary in this case.  As we continue to seek answers around the December 6th terrorist attack that killed three American service members and wounded others, I want their families, and all Americans, to know that protecting the United States from those who seek to do us harm remains the FBI’s foremost priority.  Our work against the threat of terrorism never rests.”  

Investigators sought and received court authorization to search the contents of Alshamrani’s iPhones within one day of the December 6, 2019 terrorist attack.  Unable to unlock the phones because of their security features, and having exhausted all readily available options, the FBI approached Apple for its assistance in early January 2020.  The company declined to assist.  FBI technical experts succeeded in accessing the phones’ contents over four months after the attack, revealing highly-significant evidence, including:

• Alshamrani and his AQAP associates communicated using end-to-end encrypted apps, with warrant-proof encryption, deliberately in order to evade law enforcement.
• Alshamrani’s preparations for terror began years ago.  He had been radicalized by 2015, and having connected and associated with AQAP operatives, joined the Royal Saudi Air Force in order to carry out a “special operation.”
• In the months before the December 6, 2019 attack, while in the United States, Alshamrani had specific conversations with overseas AQAP associates about plans and tactics.  In fact, he was communicating with AQAP right up until the attack, and conferred with his associates until the night before he undertook the murders.

The evidence derived from Alshamrani’s unlocked phones has already proven useful in protecting the American people.  In particular, a counterterrorism operation targeting AQAP operative Abdullah al-Maliki, one of Alshamrani’s overseas associates, was recently conducted in Yemen.      

Attorney General William P. Barr will appoint Jeffrey Ragsdale as the head of the Office of Professional Responsibility (OPR). The appointment will be effective tomorrow. Mr. Ragsdale will replace Corey Amundson, who became Chief of the Public Integrity Section in September. Mr. Ragsdale has been serving as acting head of OPR since September.

As the head of the OPR, Mr. Ragsdale will lead a component of the U.S. Department of Justice that investigates misconduct allegations against Department attorneys, immigration judges, and law enforcement agents.  He is the fifth permanent head since the office was founded. 

“The Office of Professional Responsibilities is instrumental in ensuring that the Department of Justice conducts itself in accord with the highest professional standards,” said Attorney General William P. Barr. “I am pleased to announce that Jeffrey Ragsdale will be its new Director and Chief Counsel. Jeff has shown throughout his career at the Department that he is a dedicated public servant who knows the importance of the rule of law as well as our ethical responsibilities as the attorneys representing the United States.”

Mr. Ragsdale has served as the Principal Deputy Director and Deputy Counsel for the Office of Professional since September 2016.  He is currently the Acting Director and Chief Counsel.  Prior to joining OPR, he served as an assistant United States Attorney for the District of Columbia for 29 years, during which time he tried a large number of cases, including homicides and complex narcotics case. 

Mr. Ragsdale also served as a manager and supervised numerous litigation sections in both the Superior Court and Criminal Divisions, including serving as the chief of the Homicide Section for eight years.  Prior to joining the U.S. Attorney’s Office, he served as a state prosecutor in Virginia for five years. 

Mr. Ragsdale has a B.A. from West Virginia Wesleyan College and a J.D. from the University of Cincinnati.  He is a member of the Virginia and District of Columbia bars

This week, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on law enforcement recruitment, training, and retention over three days via teleconference. Each teleconference featured expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.

On Tuesday, May 12, the Commission received testimony from Dr. Charlie Scheer, Assistant professor at the University of Southern Mississippi; Arlington (Texas) Police Chief Will Johnson; Valerie Cunningham, Deputy Chief of the Indianapolis Metropolitan Police Department, and; Mike Yankowski, Assistant Director of Institutional Ethics and Compliance at Michigan State University and the retired chief of Lansing Police Department.

Testimony and discussions focused on recruitment. Dr. Scheer provided the results of a comprehensive survey on police recruitment, and Chief Johnson recommended grant funding for police cadet programs to encourage young people to commit to the profession. Deputy Chief Cunningham recommended “focusing on marketing campaigns that are inclusive of females, tailoring all contact the agency has with its applicants so that it’s mutually beneficial to both, focusing on the preview of what the career will look like to that applicant, and developing a meaningful professional relationship with the applicants.” Chief Yankowski provided the final testimony, addressing the need to hire people who fit the community policing mindset – individuals who are highly ethical, of good moral character, and good communicators. “We can't make the mistake of just hiring a warm body to fill that vacancy,” he said.

On Wednesday, May 13, the Commission heard testimony from Erik Bourgerie, Director, Colorado Peace Officer Standards and Training (POST); Palm Beach County (Fla.) Sheriff Ric Bradshaw, and; Cass County (Nebraska) Sheriff William (Bill) Brueggemann.

Testimony and discussion focused on training. POST Director Bourgerie testified about the need for experiential based training. “As the academy progresses, training scenarios should become more complex, such as domestic violence calls. Our current training method fails both our peace officers and our domestic violence victims. The first time new peace officers encounter the complexity, emotions and dangers inherent in a DV call is when they’re in the field and lives are truly on the line.” Sheriff Bradshaw testified about the lack of management training, stating, “As older, experienced officers retire, they leave upper level vacancies that will often be filled with officers with little or no formal leadership or management training.” He advocates for an investment in future leaders. Sheriff Brueggemann recommended regional training centers and reforms to training academies in order to provide more seats for small and rural departments.

On Thursday, May 14, the Commission completed its hearing with testimony from William “Bill” Johnson, Executive Director, National Association of Police Organizations Inc. (NAPO); Pima County (Ariz.) Sheriff Mark Napier; Baltimore (Md.) Police Commissioner Michael Harrison, and; Tempe (Ariz.) Police Chief Sylvia Moir

Testimony and discussion focused on retention. Executive Director Johnson recommended that “every officer in this nation have access to a peer mentoring program. One cannot overstate the importance of confidential, peer mentoring services to supporting officers’ mental health and wellness.” Chief Moir shared a similar sentiment, saying that there is a recognition that officer wellness encompasses more than physical health. It includes the mental and emotional well-being, as well -- healthier officers are more productive officers, so successful agencies are starting wellness programming in the Academy and continuing it throughout an officer’s career. Sheriff Napier testified that “there is inadequate funding for substantive research into the development of best practices for law enforcement leaders confronting modern policing challenges. In addition, there’s very limited research into officer wellness, causes of officer suicide and suicide prevention.” He recommends “the Law Enforcement Assistance Administration (LEAA) make available substantive funding over 10 years for meaningful law enforcement research." Commissioner Harrison shared: “The most common issues I hear about when I speak with officers are the state of the facilities they work in, the conditions of vehicles the drive, and the age of the technology and equipment that they use every day. Improving these conditions is a cornerstone of my five-year Departmental Transformation and Improvement Plan because it speaks to the culture of the department and whether the officers feel the department is making the right investments in their well-being.”

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.

The Department of Justice (Department) issued a letter today to the National Pork Producers Council, the nation’s leading association of hog farmers, to address its proposed responses to challenges posed by COVID-19.  The department will not challenge the proposed collaborative efforts of the National Pork Producers Council (NPPC) to work with the U.S. Department of Agriculture (USDA) to address certain hardships facing hog farmers as a result of the COVID-19 pandemic.

The letter explains that the processing plant closures addressed in President Donald J. Trump’s April 28, 2020, Executive Order have had impacts up and down the supply chain.  One of those impacts, according to NPPC, is the tragic need to euthanize unmarketable hogs that could not be brought to market due to processing capacity challenges.  The letter determines that the NPPC and its members may work at the direction of the USDA and state agriculture agencies to achieve humane and efficient euthanization of hogs that have grown too large to be processed and are thus unmarketable.  The NPPC may also share general information with its members about best practices for depopulating unmarketable hogs. 

“Today’s letter addresses some of the challenges created for farmers when packing capacity shuts down,” stated Assistant Attorney General Makan Delrahim.  “Meanwhile, we remain committed to vigorous enforcement of the antitrust laws to ensure that farmers and consumers see the benefits of competition.” 

The NPPC submitted its business review request pursuant to the expedited, temporary review procedure detailed in the Joint Antitrust Statement Regarding COVID-19 (joint statement) issued on March 24 by both the department and the Federal Trade Commission (FTC).  In the joint statement, the department announced its aim to resolve COVID-19-related business review requests within seven 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].

A Mexican national will have his initial appearance in federal court in the District of Columbia later today on charges related to his alleged involvement in a criminal conspiracy to distribute cocaine and methamphetamine.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA), made the announcement.

Gerardo Gonzalez Valencia, aka “Lalo,” 43, arrived at Dulles International Airport  yesterday evening after being extradited from Uruguay, where he was arrested in April 2016.  The indictment charges Gonzalez Valencia with an international conspiracy to distribute cocaine and methamphetamine, intending and knowing that those substances would be unlawfully imported into the United States.  The indictment alleges that Gonzalez Valencia’s criminal conspiracy ran from 2003 to 2016.

“The Department of Justice will never waver in our commitment to disrupt and dismantle CJNG and its enablers, wherever they are found,” said Assistant Attorney General Benczkowski.  “Thanks to the dedicated efforts of our law enforcement partners in Uruguay, Gonzalez Valencia now will be held to account in the United States for his alleged crimes.”

“Today’s extradition and arrest of Mr. Gonzalez-Valencia deals another blow to the leadership of the Cartel de Jalisco Nueva Generacion,” said DEA Acting Administrator Dhillon. “Mr. Gonzalez-Valencia is alleged to have distributed significant quantities of cocaine and meth and will now face justice in the United States.  We are grateful for the outstanding partnership with the National Police and Government of Uruguay during this long term investigation.”

The charges contained in the indictment are merely accusations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The case was investigated by DEA Los Angeles.  Trial Attorneys Brett Reynolds, Kaitlin Sahni, Cole Radovich, Kate Naseef and Acting Deputy Chief Anthony Nardozzi of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.

The Justice Department extends its gratitude to the government of Uruguay for making the extradition possible and the U.S. Department of State’s Diplomatic Security Service (DSS) for its support.  The Criminal Division’s Office of Enforcement Operations provided assistance in support of this investigation and the Criminal Division’s Office of International Affairs provided significant assistance in securing the defendant’s extradition from Uruguay.

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.