District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Two Biddeford, Maine, Men Indicted for Hate Crime AssaultRead the Press Release
Acting Assistant Attorney General John Gore and United States Attorney Halsey B. Frank today announced that Maurice Diggins, 34, and Dusty Leo, 27, both of Biddeford, Maine, were indicted by a federal grand jury in the District of Maine for conspiracy to violate and for violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, by assaulting an African-American man.
According to the indictment, on about April 15, Diggins and Leo willfully caused bodily injury to an African-American man in the parking lot of a 7-Eleven convenience store in Biddeford, targeting the victim because of his race. The indictment alleges that the defendants drove a truck into the 7-Eleven parking lot at a high rate of speed as the victim walked across the lot. Diggins got out of the truck, repeatedly called the victim a racial slur, blocked his entry into the store, and circled him, turning the victim’s back to the truck. According to the indictment, Leo got out of the truck, walked up behind the victim, and struck him forcefully in the head. It is alleged that as the victim ran away, the defendants followed him in the truck, continuing to shout racial epithets.
If convicted, Diggins and Leo face up to 10 years in prison and a $250,000 fine on the hate crime charge, and five years in prison and a $250,000 fine on the conspiracy charge.
Diggins and Leo were arrested on Friday and are scheduled to make their initial appearances today in U.S. District Court in Portland.
The case was investigated by the Biddeford Police Department and the FBI. It is being prosecuted by Assistant United States Attorney Sheila W. Sawyer of the District of Maine and Trial Attorney Timothy Visser of the Civil Rights Division of the Department of Justice.
An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
Four Members of the Seven Mile Bloods Street Gang Convicted of Racketeering and Other Related OffensesRead the Press Release
After a 10-week trial, a federal jury in the Eastern District of Michigan convicted four members of the Seven Mile Bloods Street Gang today for their participation in various criminal acts, including racketeering conspiracy and related firearm offenses.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan and Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Division made the announcement.
“The Seven Mile Bloods and its rival conducted a gang war on the east side of Detroit, leading to an increase in murders and shootings in that part of the city,” said Assistant Attorney General Benczkowski. “We commend our prosecutors and law enforcement partners for their hard work to hold members of the gang accountable for their crimes. Today’s verdict sends a strong message that the Department of Justice and its partners will use every tool available as we continue our work to disrupt and dismantle violent street gangs like the Seven Mile Bloods.”
“These guilty verdicts are a tremendous victory for the Detroit community that was plagued by the violence, drug dealing and mayhem inflicted by this violent street gang,” said U.S. Attorney Schneider. “The jury’s guilty verdicts highlight that our community has no tolerance for the senseless murders and violence spread by gang members.”
“The FBI, our Task Force partners and the U.S. Attorney’s Office, will continue to vigorously combat gang, drug and gun crimes in our neighborhoods so that all residents of the City of Detroit can live in an environment that is safe and free of violence,” said FBI Special Agent in Charge Slater.
The trial was conducted before U.S. District Judge George Caram Steeh in Detroit, Michigan. The jury deliberated approximately seven days before reaching their verdicts. Amongst those convicted are:
- Corey Bailey, aka “Sonny,” “Cocaine Sonny,” 30, of Detroit, was convicted of RICO conspiracy; murder in aid of racketeering; attempted murder in aid of racketeering; and possession of a firearm in furtherance of a crime of violence;
- Arlandis Shy, aka “Grymee,” “Vil,” 29, of Clinton Township was convicted of RICO conspiracy and possession of a firearm in furtherance of a crime of violence;
- Robert Brown II, aka “R.O.,” 36, of Warren, Michigan, was convicted of RICO conspiracy, attempted murder in aid of racketeering; and possession of a firearm in furtherance of a crime of violence; and
- Keithon Porter, aka “KP,” 32, of Detroit; was convicted of RICO conspiracy; murder in aid of racketeering; attempted murder in aid of racketeering; and possession of a firearm in furtherance of a crime of violence.
A fifth defendant, Eugene Fisher, aka “Fes,” 38, of Detroit, was convicted of two counts of felon in possession of a firearm.
According to evidence presented during the trial, the Seven Mile Bloods gang operates on the east side of Detroit, between Gratiot Avenue and Kelly Road and between Seven and Eight Mile Roads. Seven Mile Bloods or “SMB” members have claimed this area as their territory and refer to it as the “Red Zone.” The area is in zip code 48205, which SMB members refer to as “4-8-2-0-Die” in some of their rap lyrics.
Evidence presented at trial showed an ongoing gang war between the Seven Mile Bloods and an alliance of other gangs operating on Detroit’s east side stemming from a murder that occurred in July 2014. These rival gangs have been violently attacking one another and have posted respective “hit lists” on social media. This shooting war has led to increased homicides and non-fatal shootings on Detroit’s east side.
This case was the work of the Detroit One Initiative. Investigators were able to bring together separate probes into various members of this organization and its criminal activities into one encompassing investigation. Partners include the Detroit Police Department Gang Intelligence Unit, the FBI Violent Gang Task Force, which consists of representatives of Detroit Police Department, U.S. Border Patrol, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, Michigan Department of Corrections and Michigan State Police, with the cooperation of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the U.S. Drug Enforcement Administration (DEA).
The investigation further resulted in the seizure of more than 20 firearms, including several high-powered assault rifles.
The case was prosecuted by Trial Attorney Julie A. Finocchiaro of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Justin Wechsler, Mark Bilkovic and Tare Wigod of the U.S. Attorney’s Office for the Eastern District of Michigan.Attorney General Jeff Sessions Statement on the Passing of Senator John McCainRead the Press Release
Attorney General Jeff Sessions issued the following statement on the passing of Senator John McCain:
"For John McCain, his country was his life. He was tireless in its service. Courage, determination, and relentless drive made him a great leader.
"To me, having served with him in the Senate for 20 years, his support for President Bush's surge in Iraq at a time when things had been going badly and public support had eroded, was one of the most dramatic, important, patriotic, and selfless actions I had the honor to witness in that body. His presidential aspirations were entirely set aside. He totally deployed his considerable strength and energy to what he believed was best for his country—and in service to those then fighting valiantly for the mission the nation had given them. It was a very contentious debate. His personal dedication and leadership moved a very uncertain decision to a favorable outcome.
"His ferocious tenacity for his country was unmatched. America has lost one of its greatest patriots."
Justice Department Obtains $410,000 Settlement of Housing Discrimination Lawsuit Against Tinley Park, Illinois, for Refusing to Approve Low-Income Housing DevelopmentRead the Press Release
The Justice Department today announced that it settled a lawsuit against the Village of Tinley Park, Illinois, a suburb of Chicago, alleging that it violated the Fair Housing Act when it refused to approve a low-income housing development in response to race-based community opposition.
The suit, filed in U.S. District Court in Chicago, Illinois, in November 2016, alleged that the Village of Tinley Park discriminated against prospective tenants of a proposed development when it refused to approve the project, despite the Tinley Park Planning Department’s finding that the project was in “precise conformance” with the applicable building requirements. Under Tinley Park’s zoning ordinances, Tinley Park’s Plan Commission should have approved the project and allowed construction to begin. Instead, the lawsuit alleged that in response to race-based community opposition, Tinley Park trustees requested the Plan Commission table consideration of the project. The Plan Commission did so, stalling the project indefinitely.
Under the settlement, the Village will pay a total of $360,000 in monetary damages to the Village’s former planning director who was placed on leave because of her support for the project, as well as a $50,000 civil penalty to the United States. In addition, the Village will also take a number of actions to guard against further housing discrimination, including training elected officials and individuals involved in the planning process, developing a fair housing policy, and hiring a fair housing compliance officer. The developer of the property reached a separate settlement with the Village in April 2017.
“Increasing access to housing, including through affordable housing, is important to the development of our communities,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to enforce federal civil rights laws, and protect against discrimination, including on the basis of race, with respect to access to affordable housing.”
“Access to housing free from discrimination is a right afforded to all Americans,” said U.S. Attorney John R. Lausch, Jr. of the Northern District of Illinois. “This settlement is an example of our office’s continuing effort to enforce anti-discrimination laws that protect those rights.”
Individuals who believe they have been victims of housing discrimination practices may file a complaint with the Department of Housing and Urban Development (HUD) or a lawsuit in federal or state court. Individuals must file their complaint with HUD within one year of a housing discrimination incident or file a lawsuit in federal or state court within two years of an incident. For more information about housing discrimination laws, call (202) 514-4713 or visit the Department of Justice website at https://www.justice.gov/crt/housing-and-civil-enforcement-section
Rhode Island Tax Preparer Pleads Guilty to Forty-Four Counts of Filing Fraudulent Tax ReturnsRead the Press Release
A West Warwick, Rhode Island tax preparer pleaded guilty today in the U.S. District Court for the District of Rhode Island to 44 counts of filing fraudulent tax returns for clients, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney for the District of Massachusetts Andrew Lelling.
According to documents and information provided to the court, Raymond Petrarca owned and operated Stratus Financial Group, a tax preparation business in Warwick, Rhode Island. Petrarca admitted to falsifying 44 tax returns prepared for his clients between tax years 2010 and 2015, seeking refunds from the Internal Revenue Service to which his clients were not entitled. Petrarca admitted to falsifying the returns by including false and inflated deductions for home mortgage interest and charitable donations and false and inflated credits for purported home energy improvements.
Sentencing is scheduled for December 5, 2018. Petrarca faces a maximum sentence of three years in prison on each count, as well as a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Lelling thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Victor A. Wild and Trial Attorney Kimberly G. Ang of the Tax Division, who are prosecuting the case.
Omaha Railcar Cleaning Company and Two Owners Charged with Violating Environmental and Worker Safety Laws Related to Workers’ 2015 DeathsRead the Press Release
Nebraska Railcar Cleaning Services LLC (NRCS), its president and owner, Steven Michael Braithwaite, and its vice president and co-owner, Adam Thomas Braithwaite, were charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource Conservation and Recovery Act (RCRA) which governs hazardous waste management, and submitting false documents to a federal agency. Adam Braithwaite was also charged with perjury. The indictment was returned by a grand jury in Omaha, Nebraska today and announced by Acting Assistant Attorney General for the Environment and Natural Resources Division Jeffrey H. Wood and United States Attorney Joseph P. Kelly.
According to the indictment, NRCS and Steve and Adam Braithwaite failed to implement worker safety standards and then tried to cover that up during an inspection by the Occupational Safety and Health Administration (OSHA). The defendants also mishandled hazardous wastes removed from rail tanker cars during the cleaning process.
Two of the company’s workers were later killed and another injured when the contents of a railcar ignited while being cleaned.
“Protecting the health and safety of American workers at hazardous job sites is of paramount importance,” said Acting Assistant Attorney General Wood. “The defendants in this case failed to live up to that responsibility, even falsifying documents to evade worker safety requirements. Tragically, employees at the defendants’ facility lost their lives while working in these unsafe conditions. Today’s indictment shows that the Department of Justice will prosecute those who knowingly seek to thwart federal laws that protect the safety of American workers.”
“Whenever a company or its employees knowingly fail to comply with environmental laws, both the public and the environment are placed at risk” said Assistant Administrator Susan Bodine of EPA’s Office of Enforcement and Compliance Assurance. “This case demonstrates the importance of environmental compliance to safeguard public health and safety.”
“An important mission of the Office of Inspector General is to investigate allegations of fraud committed against the Department of Labor's regulatory agencies, including the Occupational Safety and Health Administration (OSHA). We will continue to work with our law enforcement partners to defend the missions of those regulatory agencies, which includes assuring safe and healthful working conditions for American workers,” said Steven Grell, Special Agent-In-Charge, Dallas Region, U.S. Department of Labor Office of Inspector General.
The indictment alleges that after a 2013 inspection of NRCS, Steve Braithwaite entered into a written agreement where he represented that NRCS had been testing for benzene since July 2014. After OSHA returned to NRCS in March 2015 to conduct a follow-up inspection and was turned away by Steve Braithwaite, Steve and Adam Braithwaite created documents that were submitted to OSHA to falsely show that NRCS had been purchasing equipment to test the contents of railcars for benzene and had taken other required safety precautions. During inspections by the Nebraska Department of Environmental Quality and the U.S. Environmental Protection Agency in 2013 and 2014 respectively, NRCS was informed that it was required to test its wastes to determine if they were hazardous in order to properly dispose of them, rather than send all untested waste to a landfill not permitted to receive hazardous waste. The indictment alleges that was not done before April 2015.
On April 14, 2015, the contents of a railcar ignited while being cleaned by NRCS employees. Two employees were killed and a third injured. Two days after the explosion, NRCS had three railcars tested to assess whether their contents were hazardous; two were determined to be hazardous.
OSHA regulations under the Occupational Safety and Health Act require that the air in confined spaces such as rail tanker cars be tested for various gases including flammable and explosive ones before workers are allowed to enter, and that workers exposed to certain chemicals wear respirators for which they must be assessed and fit tested. EPA regulations under RCRA require assessments of wastes for whether they are hazardous and that hazardous wastes be treated and disposed of at appropriate facilities. Hazardous wastes include those that are ignitable and those that contain benzene. According to the Centers for Disease Control and Prevention, benzene causes human cancer and has other health effects.
The case was investigated by EPA Criminal Investigation Division and the U.S. Department of Labor Office of Inspector General. Senior Counsel Krishna S. Dighe of the Department of Justice, Environmental Crimes Section, and Assistant U.S. Attorney Donald J. Kleine of the District of Nebraska are prosecuting the case.
United States Attorney Kelly reminds the public that an Indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
For more information about EPA’s hazardous waste program and its requirements, visit https://www.epa.gov/hw.
For more information about OSHA’s confined space entry program and its requirements, visit https://www.osha.gov/SLTC/confinedspaces/.
For more information about benzene, visit https://emergency.cdc.gov/agent/benzene/basics/facts.asp.
Two Chinese Nationals Charged with Operating Global Opioid and Drug Manufacturing Conspiracy Resulting in DeathsRead the Press Release
While in Cleveland, Ohio, Attorney General Jeff Sessions today announced the unsealing of a 43-count indictment in federal court in Cleveland, which charges two Chinese citizens with operating a conspiracy that manufactured and shipped deadly fentanyl analogues and 250 other drugs to at least 25 countries and 37 states. The indictment also alleges the drugs sold by the group directly led to the fatal overdoses of two people in Akron, Ohio.
Fujing Zheng, aka Gordon Jin, 35, and his father Guanghua Zheng, 62, both of whom reside in Shanghai, China, are charged with conspiracy to manufacture and distribute controlled substances, conspiracy to import controlled substances into the United States, operating a continued criminal enterprise, money laundering and other crimes. The charges carry a potential sentence of life imprisonment because the drugs involved resulted in death, and the defendants’ conduct qualifies for an enhancement under the kingpin statute.
The indictment was announced by Attorney General Jeff Sessions, Assistant Attorney General Brian A. Benczkowski for the Justice Department’s Criminal Division, U.S. Attorney Justin Herdman for the Northern District of Ohio, Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA), Special Agent in Charge Timothy Plancon of DEA’s Detroit Field Office, Special Agent in Charge Steve Francis of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) for Michigan and Ohio and Special Agent in Charge Ryan Korner of IRS Criminal Investigation (CI) Cincinnati Field Office.
“Fentanyl and its analogues are the number one killer drug in America today, and most of them come from China,” said Attorney General Sessions. “That’s why the Department of Justice under President Donald Trump has taken historic new steps against the threat of Chinese fentanyl. In October, we announced the first-ever indictments of Chinese nationals for fentanyl trafficking; 32 defendants have been charged in those cases. Today we are announcing an indictment of the leaders of the Zheng drug trafficking organization based in China, who the indictment alleges sold drugs that have killed at least two Ohioans. I want to thank U.S. Attorney Herdman and his fabulous Assistant U.S. Attorneys, our Criminal Division, DEA, FBI, Homeland Security Investigations, and IRS Criminal Investigation special agents and our Postal Inspectors for all of their hard work on this case. By cutting off fentanyl and its analogues at the source, we can save American lives.”
“As detailed in this indictment, the trail from at least two dead bodies in Akron, Ohio, leads to the Zhengs,” said U.S. Attorney Herdman. “This group has shipped deadly fentanyl analogues and other drugs around the globe for a decade. Law enforcement will follow the evidence wherever it leads, including overseas, to stop the flow of drugs that have caused so much heartbreak and destruction in Ohio.”
“DEA will relentlessly pursue anyone shipping deadly fentanyl analogues to the United States wherever they may be and bring them to justice,” said DEA Acting Administrator Dhillon. “These Chinese drug traffickers are directly responsible for the deaths of U.S. citizens and we will hold them accountable in a U.S. court of law.”
“This case clearly shows that our collaborative efforts with law enforcement at every level continue to have an impact,” said HSI Special Agent in Charge Francis. “These efforts exhibit the combined resources of American law enforcement agencies’ resolve to ending this deadly epidemic.”
“Today’s indictments, which include charges related to the defendants’ smuggling drug profits in and out of the United States, are a victory for the American public and a defeat to drug traffickers everywhere,” said IRS-CI Special Agent in Charge Korner. “The special agents of IRS Criminal Investigation continue in their mission to disrupt the flow of ill-gotten gains that are the life-blood for these criminals.”
According to the indictment:
The Zhengs and others used numerous companies, including Global United Biotechnology, Golden Chemicals, Golden RC, Cambridge Chemicals, Wonda Science, and others, to manufacture and distribute hundreds of controlled substances, including fentanyl analogues such as carfentanil, acetyl fentanyl, furanyl fentanyl, and others. They created and maintained numerous websites to advertise and sell illegal drugs in more than 35 languages.
From 2008 to the present, the Zheng drug trafficking organization (Zheng DTO) engaged in this conspiracy from its base of operations in Shanghai. The organization claimed to ship “over 16 tonnes of chemicals every month” from its “own laboratory” and to “synthesize nearly any chemical on a bespoke basis in any quantity.”
The Zheng DTO touted its ability to create custom-ordered drugs and avoid detection from customs and law enforcement when shipping the drugs. The Zheng DTO explained in emails and online that it had “special ways” to “go through customs safely” in “USA, Russia, Europe,” and other locations around the world. If customs still managed to seize the parcels, the DTO promised it would “re-ship free.”
The Zheng DTO used co-conspirators in other countries, including the United States, to receive, repackage, and redistribute the drug shipments, thereby hiding their Chinese origin. For example, it used companies run by Massachusetts-based co-conspirator Bin Wang to smuggle drugs past customs agents in China and the United States. Wang then shipped the drugs to customers across the country.
Wang has pleaded guilty to his role in the conspiracy and is scheduled to be sentenced Nov. 13.
The Zheng DTO has sent millions of lethal doses of fentanyl analogues and other drugs linked to overdoses in the United States and around the world.
On Feb. 15, 2015, Akron, Ohio resident, Leroy Steele, emailed the Zheng DTO saying he “would like to purchase Acetyl fentanyl.” The Zheng DTO explained in its correspondence with Steele that it was “a professional acetyl fentanyl manufacturer in China” and that “a lot of U.S. and Europe customers purchase largely from us monthly.” The acetyl fentanyl that the Zheng DTO distributed to Steele resulted in the overdose deaths in Ohio of Thomas Rauh, 37, and Carrie Dobbins, 23, on or about March 21 and 28, 2015.
Steele was subsequently convicted of drug offenses and is currently serving a 20-year prison sentence.
Despite the deadly consequences of its actions, the Zheng DTO continued manufacturing and distributing drugs. In 2015, it advertised that it delivered “to all 50 USA states” and “worldwide to Australia, Europe, Asia and Africa.”
When China would ban a synthetic narcotic, the Zheng DTO would use its chemical expertise to create an analogue of the drug with a slightly different chemical structure but the same or even more potent effect. In this manner, the DTO entirely bypassed China’s restrictions on international narcotics sales.
Last month, the Zheng DTO agreed to manufacture adulterated cancer medication, creating counterfeit pills that replaced the active cancer-fighting ingredient with dangerous synthetic drugs. It also created and shipped counterfeit Adderall pills that were adulterated with deadly bath salts.
The Zheng DTO laundered its drug proceeds by using digital currency such as Bitcoin, transmitted drug proceeds into and out of bank accounts in China and Hong Kong, and bypassed currency restrictions and reporting requirements.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This investigation was conducted by the DEA, HSI, and IRS-CI. The following agencies assisted in the investigation: U.S. Postal Inspection Service, FBI, Organized Crime and Drug Enforcement Task Force, Special Operations Division, the Medway Drug Task Force, Akron Police Department, federal law enforcement on assignment at the U.S. Embassy in Beijing and federal law enforcement in the following districts: District of Massachusetts, Middle District of Florida, District of Colorado, District of Missouri, District of Minnesota and Western District of Texas. The Criminal Division’s Office of International Affairs provided assistance. The Chinese Ministry of Public Security provided assistance during the course of the investigation.
Assistant U.S. Attorney Matthew J. Cronin of the Northern District of Ohio and Justice Department Criminal Division Trial Attorneys Adrienne Rose of the Narcotic and Dangerous Drug Section and Deputy Unit Chief Stephen Sola of the Money Laundering and Asset Recovery Section, are prosecuting the case.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Operation Darkness Falls Results in Arrest of One of the Most Prolific Dark Net Fentanyl Vendors in the WorldRead the Press Release
Today, the Department of Justice, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the U.S. Postal Inspection Service (USPIS), Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA) announced several arrests, charges and guilty pleas as a result of “Operation Darkness Falls,” a joint operation targeting people and organizations that sell fentanyl and other drugs over the dark net.
Attorney General Jeff Sessions was joined by U.S. Attorney for the Northern District of Ohio Justin Herdman and other Justice Department officials in Cleveland today to make the announcement, which included, at the time of their arrest in April, the most prolific dark net fentanyl vendor in the United States and the fourth most prolific in the world—MH4Life.
Making the announcement, Attorney General Jeff Sessions said, “Today’s announcements are a warning to every trafficker, every crooked doctor or pharmacist, and every drug company, every chairman and foreign national and company that puts greed before the lives and health of the American people: this Justice Department will use civil and criminal penalties alike and we will find you, put you in jail, or make you pay.”
“The mechanics of drug dealing has changed, and law enforcement has changed with it,” U.S. Attorney Justin E. Herdman said. “These cases demonstrate that those who think they are hiding behind a cloak of anonymity on the dark net will be uncovered and brought to justice for selling the drugs killing our friends and neighbors.”
According to court documents, MH4Life—Matthew Roberts and Holly Roberts, both 35 and of San Antonio—were charged earlier this year with conspiracy to distribute controlled substances and other crimes.
The Roberts’ created and operated several dark net marketplace accounts, including MH4LIFE, TRAPPEDINTIME, FASTFORWARD and MRHIGH4LIFE. They operated these accounts on dark net marketplace websites including Dream Market, Silk Road, AlphaBay, Darknet Heroes League, Nucleus and several others.
They used these accounts between 2011 and May 12, 2018 to possess and distribute fentanyl, MethoxyAcetylFentanyl (MAF), other fentanyl analogues, heroin, cocaine, methamphetamine, MDMA, LSD, marijuana, Xanax, Oxycodone and other drugs.
The Roberts’ MH4LIFE vendor account on Dream Market had 2,800 verified transactions with a 4.89/5 rating as of May 2018. Dream listed that MH4LIFE had 500 verified transactions on the Agora marketplace and 719 transactions on the Nucleus marketplace. The only products listed for sale by MH4LIFE were illegal narcotics.
MH4LIFE had the highest number of verified transactions worldwide of any fentanyl vendor based upon a review of Dream Market.
The Roberts’ used private messaging, encryption software, Virtual Private Networks and proxies through the TOR network to provide security for the criminal organization. They used decoys, such as glow bracelets and other mundane items, to hide the fact they were mailing narcotics. They also purchased postage from third parties with cryptocurrency in an effort to conceal their activities.
Customers used digital currency to purchase narcotics, which the defendants sent to digital currency exchangers, where the funds were converted into official fiat currency and spent on person goods and services, as well as prepaid Visa and gift cards.
Their criminal case, filed in U.S. District Court in Cleveland, is pending.
Other cases charged as part of Operation “Darkness Falls” include:
DF44: Robert Kiessling was the third-largest fentanyl vendor in North America as of early this year, based on number of sales. Kiessling was arrested in coordination with the Royal Canadian Mounted Police in Canada. A search of his residence uncovered fentanyl and other narcotics tied to the dark net scheme. He was released on bond in Canada and committed suicide.
The Source, BonnieNClyde: Nick Powell is charged with being a Xanax distributor and dark net money launderer. Powell was arrested and agents seized $438,000 in Bitcoin. He has been charged in federal court in Cleveland with conspiracy to distribute controlled substances. The case is pending.
Dark King 22: Antoin Austin, of Euclid, recently pleaded guilty to operating a dark net fentanyl business from an apartment cohabitated with children and within a short distance from an elementary school. He is scheduled to be sentenced Nov. 5.
MotleyFool: James Halpin recently pleaded guilty to his role as a national dark net fentanyl vendor.
Panachecak: Ryan Kluth recently pleaded guilty to crimes involving fentanyl and child pornography via the dark net. His plea agreement calls for a sentence of approximately 10 years in prison.
“HSI and our partners are proud to be at the tip of the spear combating illicit activities and financial crimes on the dark net,” said Steve Francis, special agent in charge of HSI for Michigan and Ohio. “Criminals groups who continue to peddle their illegal contraband via the dark net are increasingly learning that they do not escape the reach of law enforcement.”
“Postal Inspectors and their law enforcement partners will spare no resource or expense to shine a light on the sale and distribution of illicit and dangerous items on the dark net, that serve to destroy the lives of many through addiction and despair,” said Postal Inspector in Charge Tommy Coke. “Our law enforcement partnership and operation sends a strong message to those who choose this illegal path, we are watching and will bring you to justice for your crimes against the American public.”
FBI Special Agent in Charge Stephen D. Anthony said: “Criminals who think they can use the dark net and cryptocurrencies to hide their actions are wrong, we will continue to work with, and leverage the capabilities of, our partner agencies. The FBI is proud to have partnered with Postal Inspection, HSI and others to identify and disrupt this criminal organization.”
These cases are the result of a joint investigation involving Homeland Security Investigations, U.S Postal Inspection Service, the FBI and the Internal Revenue Service – Criminal Investigations. Federal agents around the country, including in the Western District of Texas, Western District of Pennsylvania, Middle District of Florida and elsewhere, have assisted in the ongoing operation.
These cases are being prosecuted by Assistant U.S. Attorney Matthew J. Cronin and Daniel J. Riedl.
If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to the case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Las Vegas Man Convicted in Conspiracy to Commit Mail and Wire Fraud CaseRead the Press Release
A federal jury in Las Vegas, Nevada convicted a Las Vegas man of conspiracy to commit mail and wire fraud announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Dayle Elieson of the District of Nevada.
According to court documents and evidence presented at trial, Terry Williamson conspired with others to file false and fraudulent tax returns with the Internal Revenue Service using the names and social security numbers of deceased taxpayers. To further the scheme, Williamson opened and managed a bank account to receive the fraudulent tax refunds. In total, more than 480 fraudulent tax refund checks totaling more than $2 million were deposited into Williamson’s account. Williamson withdrew substantial amounts of money from that bank account and also transferred large portions of the proceeds to his personal account and to the accounts of co-conspirators. Williamson spent his cut of the money on personal expenses including over $60,000 on a fully-loaded pick-up truck.
Sentencing is scheduled for a later date. Williamson faces a statutory maximum sentence of 20 years in prison as well as a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Elieson commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys John Mulcahy and Sarah Kiewlicz of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.Justice Department Takes First-of-its-Kind-Legal Action to Reduce Opioid Over-PrescriptionRead the Press Release
The Justice Department filed a complaint to bar two Ohio doctors from prescribing medications after an investigation revealed they recklessly and unnecessarily distributed painkillers and other drugs. Temporary restraining orders—a first-of-its-kind against doctors allegedly prescribing opioids illegally under the Controlled Substances Act (CSA)—were served this week that forbid Michael P. Tricaso, D.O., of Akron, and Gregory J. Gerber, M.D., of Sandusky, from writing prescriptions.
Attorney General Jeff Sessions was joined by U.S. Attorney for the Northern District of Ohio Justin Herdman and other Justice Department officials in Cleveland today to make the announcement.
On March 19, 2018, President Trump announced the Initiative to Stop Opioid Abuse and Reduce Drug Supply and Demand. The initiative seeks to “reduce the over-prescription of opioids which has the potential to lead Americans down a path to addiction or facilitate diversion to illicit use.”
Pursuant to the President’s Initiative and as part of the goal to reduce opioid over-prescription, the Justice Department’s Prescription Interdiction & Litigation (PIL) Task Force aggressively deploys and coordinates all available criminal and civil law enforcement tools to reverse the tide of opioid overdoses in the United States.
As a result of the PIL Task Force’s efforts, Attorney General Sessions’ announcement of the temporary restraining orders for Triasco and Geber mark the first ever civil injunctions under the CSA against doctors who allegedly prescribed opioids illegally.
Making the announcement, Attorney General Jeff Sessions said, “Today’s announcements are a warning to every trafficker, every crooked doctor or pharmacist, and every drug company, every chairman and foreign national and company that puts greed before the lives and health of the American people: this Justice Department will use civil and criminal penalties alike and we will find you, put you in jail, or make you pay.”
“These doctors were simply drug dealers in white lab coats,” said U.S. Attorney Justin Herdman. “They illegally prescribed painkillers and other drugs for no legitimate medical purpose. Putting so-called physicians like these out of business is one of several steps we are taking to turn the tide on the opioid and drug crisis that has caused so much death and heartbreak in our community.”
“The physicians in this investigation were nothing short of automatic prescription machines to anyone who solicited,” said DEA Special Agent in Charge Timothy Plancon. “Their reckless actions and corruption has had a tremendous affect in opioid addiction that is plaguing America. Agents are working in communities affected by the opioid epidemic and the DEA’s upmost priority, is arresting and dismantling the largest opioid traffickers, such as Tricaso and Gerber. We will not stop until illegal trafficking of prescription pills and other harmful drugs are out of Northern Ohio and off the streets of America.”
“Excessive prescribing and reckless distribution of opioids and other drugs have harmed our communities and fueled the public health crisis we are currently dealing with,” said Ohio Attorney General Mike DeWine. “At the Ohio Attorney General’s Office, we are committed to protecting Ohio families and collaborating with our law enforcement partners to ensure that those who ignore the law, put people at risk, and contribute to this crisis are held accountable for their actions.”
According to documents filed in U.S. District Court for the Northern District of Ohio, Tricaso operates the Better Living Clinic, currently located at 1236 Weathervane Lane, Suite 300, in Akron. He promotes the Better Living Clinic at gyms across Northeast Ohio and also serves as the “gym doctor” at a gym in Painesville.
In May 2016, Tricaso met a confidential source (CS1), who was working for the DEA, at a gym. Tricaso sold CS1 steroids and other controlled substances numerous times this year.
CS1 met Tricaso at a hotel parking lot on June 26, 2018, where CS1 asked Tricaso for a prescription of the opioid Vicodin. Tricaso declined because he does not “like writing scripts,” but offered to provide CS1 with Percocet without a prescription. According to court documents, Triasco told CS1, “It’s easier for me to get them for you, than to write a script, ‘cause it gets traced, you know? So, how many would you want? I mean, I can get them for like five bucks apiece…I can probably get like 50 to 100 of them…”
Tricaso later texted to CS1 that he could sell him 50 Percocet pills for $500 and write a prescription for 20 Percocet, which Tricaso described as an “under the radar amount and won’t be a red flag.”
On July 2, Tricaso met CS1 in the hotel parking lot, where Tricaso sold 50 Percocet for $500 and wrote CS1 a prescription for 20 Percocet.
On July 18, Tricaso and CS1 met again in the hotel parking lot, where Tricaso sold CS1 100 Percocet for $1,000.
Tricaso is alleged to have violated the CSA.
Gerber operated Gregory J. Gerber, M.D. LLC from 2819 Hayes Avenue, Suite 4 in Sandusky. Gerber received $175,000 between 2013 and 2016 from Insys Therapeutics, Inc. to promote Subsys, a liquid formulation of fentanyl applied under the tongue a spray used to treat cancer-related pain. These payments violate the False Claims Act prohibition against kickbacks, according to the complaint.
Gerber in October 2017 began seeing an undercover agent. The undercover agent did not complain of pain during each of their six visits with Gerber and received a minimal medical examination, but each time Gerber prescribed controlled substances for the undercover agent, including Oxycodone, Dronabinol and alprazolam.
Gerber is alleged to have violated the CSA and the False Claims Act.
Both investigations are ongoing.
“These doctors pledged an oath dedicating their lives to treating patients but instead they traded that commitment for the pursuit of ill-gotten profits through the fraudulent prescribing of opioids,” said FBI Special Agent in Charge Stephen D. Anthony. “This case should serve as a warning to other physicians of the perils of engaging in such activities, law enforcement will continue collaborative efforts to hold individuals accountable.”
“We rely on doctors to be part of the solution to the opioid epidemic -- not part of the problem,” said Special Agent in Charge Lamont Pugh of the U.S. Department of Health and Human Services Office of Inspector General. “We will continue our aggressive efforts to protect patients and taxpayers from physicians who abuse their position in order to enrich themselves.”
“The State of Ohio Board of Pharmacy is committed to protecting Ohio patients from criminal prescribing practices,” said Executive Director Steven Schierholt. “I applaud the coordinated efforts at the local, state, and federal level. By enforcing state and federal regulations, these criminal prescribers can be stopped.”
These cases were investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, Health and Human Services – Office of Inspector General, the Ohio Attorney General’s Medicaid Fraud Control Unit, the State of Ohio Board of Pharmacy, the Cuyahoga Falls Police Department, the State Medical Board of Ohio, and other members of the PIL Task Force.
These cases are being handled by Assistant U.S. Attorneys Patricia Fitzgerald, Margaret Sweeney, Matthew Cronin, Angelita Cruz Bridges, Gene Crawford, and Chelsea Rice, with assistance from Deputy Director Jill Furman and Trial Attorneys James Harlow and David Frank of the Department of Justice’s Consumer Protection Branch.
If people have information about their interactions with Dr. Gerber, they are encouraged to call 419-254-2803.Tulsa is One of Five Cities Selected by Attorney General Jeff Sessions for National Public Safety PartnershipRead the Press Release
Tulsa, Okla.– Attorney General Jeff Sessions today announced that Tulsa is one of five cities selected to the National Public Safety Partnership (PSP) as the Department of Justice continues its efforts to fulfill President Trump’s commitment to reducing violent crime in America.
PSP delivers a framework for enhancing federal support of state, local, and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking, and gang violence.
PSP provides cities the opportunity to consult with, receive coordinated training and technical assistance from, and have access to an array of resources from the Justice Department and its law enforcement components. The partnership will further enhance the ability of the U.S. Attorney’s Office in the Northern District of Oklahoma and its local, state, and federal partners to investigate and prosecute violent crime.
“Attorney General Sessions meant business when he directed United States Attorneys to target alpha criminals and reduce violent crime across America. The Public Safety Partnership will bring resources to Tulsa to aid us in that effort. I am proud to bring these crime fighting tools to northeastern Oklahoma.” said U.S. Attorney Trent Shores. “When I was sworn in as United States Attorney, I pledged to combat violent crime. These resources will enhance our ability to partner with the Tulsa Police Department, Tulsa County Sheriff’s Office, and federal law enforcement agencies to keep citizens safe. I have assembled a dedicated and talented team of federal prosecutors. They stand ready to enforce the law and fight for justice for all.”
PSP offers two separate approaches to the assistance provided by the Justice Department, the Diagnostic Approach and the Operations Approach:
- PSP Diagnostic teams help participating cities develop tools to diagnose and address violent crime issues.
- PSP Operations teams partner directly with federal, state, local, and tribal officials to strategically address violent crime issues.
Five sites have been selected to receive this significant assistance:
2018 PSP Diagnostic Sites:
- Saginaw, Michigan
- Salisbury, North Carolina
2018 PSP Operations Sites:
- Kansas City, Missouri (participated as a PSP Diagnostic Site in 2017)
- Miami, Florida
- Tulsa, Oklahoma
“Reversing the recent troubling increase in violent crime in our country is a top priority of the Department of Justice as we work to fulfill the President’s promise to make America safer,” said Attorney General Sessions. “Cooperation with our fabulous state and local partners is the single most important aspect of our strategy to reduce crime. The National Public Safety Partnership program will help five American cities to build up their own capacity to fight crime by using DOJ expertise and resources as well as evidence-based strategies customized to meet their needs. We want to be a force multiplier for them, and under PSP, we will.”
In June 2017, Attorney General Jeff Sessions announced the PSP program during remarks at the National Summit on Crime Reduction and Public Safety. The twelve sites announced in 2017 continue to participate in 2018, and have resulted in a number of success including, but not limited to:
- Birmingham, Alabama: The U.S. Attorney’s Office for the Northern District of Alabama established a public safety task force of local, state, and federal partners to improve data and intelligence sharing, complement community outreach, and improve prevention efforts. As a result of coordinated efforts among local and federal law enforcement, homicides in Birmingham are down 12 percent year to date in June.
- Indianapolis, Indiana: The U.S. Attorney’s Office for the Southern District of Indiana and the Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF) have enhanced coordination with each Indianapolis Metropolitan Police Department patrol district to help identify and prioritize drug and gun crime cases appropriate for federal prosecution. ATF has also assigned a crime analyst to focus solely on National Integrated Ballistic Information Network (NIBIN) cases. NIBIN is a national program that assists law enforcement agencies in making connections among crimes involving firearms. As of July 2018, Indianapolis reports an increased homicide clearance rate from 40 percent to 70 percent year to date, which it attributes to increased collaboration among local and federal partners.
- Memphis, Tennessee: Identified one precinct and geographical area in South Memphis for PSP engagement—the Raines Street Station—to focus increased local and federal enforcement efforts. The Raines Street Station experienced approximately 22 percent of the city’s homicides in 2016. As a result of PSP involvement in the Raines Street Station area, homicides are down approximately 27 percent and aggravated assault are down 11 percent, as of July 31, 2018.
Partner sites are selected through a process that considers both quantitative and qualitative measures, including sustained levels of violent crime that far exceed the national average. PSP sites must demonstrate a commitment to reducing violent crime, and in August 2017 that commitment was extended to include reducing violent crime stemming from illegal immigration.
The Justice Department agencies involved in PSP are: the United States Attorneys’ Offices; the Office of Justice Programs; the FBI; the ATF; the U.S. Marshals Service; the Drug Enforcement Administration; the Office on Violence Against Women; and the Office of Community Oriented Policing.
For more information about additional PSP sites, their designations and DOJ’s work to reduce violent crime and enhance public safety, visit https://www.nationalpublicsafetypartnership.org/
Texas Couple Sentenced for Alien Harboring Scheme Involving Labor ExploitationRead the Press Release
Defendants required Cambodian victim to work long hours for minimal pay both in their home and at their business in Texas to repay purported debt
Tyno Keo, 38, and, Phearom Lay, 34, of Nacogdoches, Texas, were sentenced yesterday in federal court in Beaumont, Texas, after previously pleading guilty to alien harboring for financial gain, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Joseph D. Brown of the Eastern District of Texas, and Special Agent in Charge Eric Jackson of the FBI in Dallas.
U.S. District Court Judge Ron Clark for the Eastern District of Texas sentenced Defendant Keo to six months incarceration and Defendant Lay to six months incarceration, followed by two years of supervised release. Judge Clark also ordered the defendants to pay $5,000 each in fines and $41,024.31 in joint restitution.
According to court documents, between September 2012 and May 2013, the defendants harbored the victim and required her to work long hours for little pay performing childcare, cleaning their home, and as an employee at their business, the Donut Palace. The scheme started in Cambodia, where Defendant Lay’s sister owed the defendants $50,000 for shared family medical expenses. To satisfy her debt, Lay’s sister arranged for the victim to obtain a temporary tourist visa and travel from Cambodia to the United States to work for the defendants. As a result, the $50,000 debt was transferred to the victim. Once the victim arrived in the United States, the defendants took possession of her passport and visa, and continued to harbor and employ her after her visa expired in December 2012. The defendants paid the victim $1,000 a month for her labor and withheld a portion of it to repay the purported $50,000 debt.
“The defendants violated immigration laws and exploited a vulnerable individual who lacked immigration status, requiring her to work long hours for little pay,” said Acting Assistant Attorney General Gore of the Civil Rights Division. “This Justice Department will not tolerate this type of immigration and labor exploitation, and is committed to aggressively pursuing and prosecuting individuals who engage in such crimes.”
“These types of crimes happen more than people know,” said U.S. Attorney Joseph Brown. “There are populations that are vulnerable to this type of exploitation, and it is a good thing that federal law enforcement is making people who engage in this conduct aware that the laws against it will be enforced.”
“We need to bring these types of crimes out of the shadows of darkness and resolve it from not only a law enforcement concern, but identify the community’s role in stopping such a heinous crime,” said FBI Special Agent in Charge Eric Jackson.
This case was investigated by the FBI with assistance from the Department of Labor’s Wage and Hour Division. The case is being prosecuted by Assistant U.S. Attorney Lauren Gaston of the Eastern District of Texas, and William E. Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Federal Court Bars Georgia Tax Return Preparer and Her Business from Preparing Tax Returns and Orders Them to Disgorge Ill-Gotten GainsRead the Press Release
A federal court in Atlanta, Georgia entered a permanent injunction against Marjorie St. Jean and MarjorieStjeanLLC, barring them from preparing federal tax returns for others and owning or operating a tax preparation business, the Justice Department announced today. The court also ordered that St. Jean and MarjorieStjeanLLC disgorge $367,346.14, representing the ill-gotten gains that they received for the preparation of tax returns making false claims. The orders were signed by Judge Eleanor L. Ross of the U.S. District Court for the Northern District of Georgia.
The Earned Income Tax Credit (EITC) is a refundable tax credit available to certain low-income working people. In this case, the court found that St. Jean and MarjorieStjeanLLC, an entity owned by St. Jean through which St. Jean operates tax preparation stores, prepared tax returns that included fraudulent claims for the EITC, often based on bogus dependents, fabricated business income and expenses, and/or false filing status. The court also determined that St. Jean and MarjorieStjeanLLC systematically and routinely prepared tax returns that falsely claimed: (1) Fuel Tax Credits; (2) Household Help income; (3) unreimbursed employee business expenses; and (4) self-employed business income and/or expenses. The court concluded that injunctive relief and an order requiring that St. Jean and MarjorieStjeanLLC disgorge the ill-gotten gains that they received for the preparation of tax returns making such false claims was appropriate.
The IRS has a list of steps on its website that you can take and ten tips for choosing a tax preparer. Each year, the IRS releases the top 12 scams, known as the Dirty Dozen. Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2018, and taxpayers seeking a return preparer should remain vigilant. The IRS has some information on its website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division at [email protected] with details.
California Man Claiming to Be a Billionaire Financier Sentenced to More Than Five Years in Prison in Multimillion-Dollar Fraud SchemeRead the Press Release
A California man who falsely told investors that he was a billionaire who could access certain financing, including hundreds of millions in cash in an overseas bank account, in exchange for up-front fees was sentenced today in federal court in Denver, Colorado to 70 months in prison.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Inspector in Charge Craig Goldberg of the U.S. Postal Inspection Service’s Chicago Division and Acting Inspector in Charge Kevin Rho of the U.S. Postal Inspection Service’s Denver Division made the announcement.
Kenneth Brewington, 55, of Corona, California, was sentenced by U.S. District Judge Philip A. Brimmer of the District of Colorado, who also ordered Brewington to serve three years of supervised release and to pay restitution in the amount of $563,526.78.
Brewington was convicted on May 18, following a two-week jury trial, of one count of conspiracy to commit mail and wire fraud, one count of mail fraud, five counts of wire fraud, one count of conspiracy to commit money laundering, one count of laundering monetary instruments, and two counts of engaging in monetary transactions in property derived from specified unlawful activity.
According to evidence presented at trial, beginning in approximately 2009, Brewington told victims that he required millions of dollars in supposed fees in order to access his purported extraordinary wealth abroad, which in turn could be used for financing. During the scheme, Brewington and his coconspirators sold promissory notes to victims, including through a financial-services marketing company based in Denver called Compass Financial Solutions (CFS). Brewington and his coconspirators falsely represented to their victims that their money would be used to pay for, among other things, bank transaction fees and tax penalties to the IRS. To conceal the nature of their scheme, Brewington and his coconspirators told victims to wire their funds into an attorney-trust account. The funds from that account, however, were then sent to Brewington and his coconspirators and spent on, among other things, repayments to other investors and personal expenses. Brewington was not, in fact, wealthy and was instead struggling to pay his personal debts, the evidence showed.
The evidence presented at trial showed that Brewington’s victims lost over $3 million to his fraud scheme.
The former CEO of CFS, Brian G. Elrod, 59, of Lakewood, Colorado, and the company’s former corporate counsel, William E. Dawn, 80, of Denver, Colorado, previously pleaded guilty for their roles in the scheme. Elrod was sentenced to serve 41 months in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $2,440,051.29. Dawn was sentenced to time served and ordered to pay restitution in the amount of $366,752.01.
The investigation was led by the U.S. Postal Inspection Service. Trial Attorneys Anna G. Kaminska, Kyle C. Hankey and Jennifer G. Ballantyne and Assistant Chief Henry P. Van Dyck of the Criminal Division’s Fraud Section prosecuted the case. The U.S. Attorney’s Office for the District of Colorado and the Securities and Exchange Commission also provided substantial assistance in this matter.
Minnesota Real Estate Company, Realtor, and Accountant Indicted for Mail and Wire Fraud Scheme Affecting U.S. Financial InstitutionsRead the Press Release
A federal grand jury returned an indictment against a real estate company, a realtor, and his accountant for participating in a long-running conspiracy to defraud companies, including financial institutions, in connection with foreclosed properties in the Minneapolis area and elsewhere, the Department of Justice announced.
The indictment, filed on August 15, was unsealed today in the U.S. District Court for the District of Minnesota in Minneapolis. Detloff Marketing and Asset Management Inc., Jeffery J. Detloff, and Lori K. Detloff are charged with conspiring to commit mail fraud and wire fraud affecting financial institutions, from in or about September 2007 and continuing through in or about June 2015. Jeffery Detloff, a realtor who sold and managed foreclosed Minneapolis properties on behalf of victim companies worked alongside his wife, Lori Detloff, an accountant for Jeffery Detloff and associated companies, in committing the fraud. The Detloffs conducted their real estate business through Detloff Marketing. In addition to the conspiracy charge, the indictment includes four counts of wire fraud and four counts of mail fraud.
According to the indictment, the Detloffs devised a scheme requiring repair contractors to pay the Detloffs kickbacks. In return, Jeffery Detloff used his position as a realtor for the victim companies to steer housing repair contracts to contractors who paid the kickbacks. The contractors paid kickbacks to the Detloffs through Detloff Marketing. The indictment further alleges that Jeffery Detloff procured and submitted sham bids as part of the scheme to defraud the victim companies. One housing repair contractor has already pleaded guilty in connection with this investigation.
“This indictment affirms the Antitrust Division’s commitment to protecting the American housing market from fraud,” said Assistant Attorney Makan Delrahim of the Department of Justice’s Antitrust Division. “We will continue to work with our law enforcement partners to protect the integrity of the competitive process.”
“As alleged, the defendants created a scheme to siphon as much money as they could from these properties, no matter the method, no matter the victim," said FBI Special Agent in Charge Jill Sanborn of the Minneapolis Division. “These scams victimize all of us, and the FBI and our law enforcement partners will continue to unravel these schemes and hold accountable anyone found responsible for defrauding the system.”
This is the second case involving fraud and kickbacks relating to repair contracts for properties in the Minneapolis area owned by financial institutions. The maximum penalty for wire fraud affecting a financial institution, mail fraud affecting a financial institution, and conspiracy to commit mail and wire fraud affecting a financial institution is 30 years of imprisonment and a fine of $1,000,000. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The charges announced today are the result of a federal investigation of housing repair contracts in the Minneapolis area. The investigation is being conducted by the Antitrust Division’s Chicago Office and the FBI’s Minneapolis Division.Indiana Man Sentenced to 15 Years for Distributing Information on Explosives and Poisons for Use in a Terror AttackRead the Press Release
Marlonn Hicks, 31, of Crown Point, Indiana, was sentenced today to 15 years in prison, to be followed by 3 years of supervised release, for distributing information regarding the manufacture and use of explosives, with the intent that the information be used for and in furtherance of a crime of violence.
The sentence was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Division. The sentence was issued by U.S. District Court Judge Joseph S. Van Bokkelen.
“The Department of Justice is committed to investigating and prosecuting terrorist threats against our homeland,” said Assistant Attorney General Demers. “The defendant plotted to conduct an attack on U.S. soil and, with today’s sentence, he is being held accountable for his actions. I applaud the efforts of the agents and prosecutors to achieve this successful outcome. Their work will ensure that the actions of the defendant, inspired by evil, will serve only as a cautionary tale for other would-be terrorists.”
“This exemplifies the Government’s commitment to prevent terrorism,” said U.S. Attorney Kirsch. “Rather than mourning the tragic attacks in Orlando, Hicks was inspired to try to commit a terror attack to kill innocent victims in the United States. My Office, working with the FBI and the National Security Division, quickly and efficiently eliminated the threat to public safety created by Mr. Hicks’ illegal activities.”
“The online communications by Mr. Hicks drew swift attention from our agents, who had identified and monitored him early in his path to radicalization,” said Special Agent in Charge Mendenhall. “As this radicalization deepened, the FBI continued to monitor Mr. Hicks’ activity and took action to mitigate any threats ensuring the public’s safety.”
According to the documents in this case, Hicks rapidly transformed from a vocal online supporter of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, to someone planning a terrorist act.
Within days of the Orlando, Florida Pulse Nightclub terrorist attack, Hicks was inspired to commit an act of terrorism and kill innocent civilians. On June 21, 2016, nine days after the Pulse massacre, Hicks discussed “getting busy” with a FBI source who Hicks believed was an ISIS supporter. Hicks sent this source two manuals on how to manufacture and use explosives and poisons and continued to discuss with this FBI source possible terror attacks. Hicks made his motivation for the planned attacks clear, exclaiming that since the FBI and similar government personnel “have shut the door now [on his ability to travel to ISIS controlled territory and fight there] I’m gonna open the door to hell for them.” As he began to develop an attack plan, in addition to sending the above referenced manuals, he discussed coordinating attacks to create “more of an audience.” Hicks also discussed how to obtain firearms and practice with them. Hicks clearly communicated to multiple sources and during his post-arrest interview that he wanted everyone to know the attacks were carried out in the name of ISIS.
During FBI surveillance, Hicks warned one of the FBI sources to “be careful the boys was just following me” referring to then ongoing FBI surveillance. During a message exchange with the FBI source Hicks said he was “strapped,” showed a picture of his firearm, and said “if they had me on anything I’d already be dead cause in Shaa Allah [translated as “god willing”] I ain’t going to jail.” Hicks was arrested on federal charges without incident in July 2016 and has remained in federal custody since his arrest.
The case was investigated by the FBI’s Indianapolis Division and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office of the Northern District of Indiana.
Former Ohio Businessman Associated with Demolition Companies Sentenced to Prison for Tax CrimesRead the Press Release
A former Cincinnati, Ohio resident was sentenced today to 24 months in prison for tax and structuring crimes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to documents and information provided to the court, Hugo Santamaria pleaded guilty in August 2017 to structuring cash transactions to avoid currency transactions reports and conspiring to defraud the United States. Beginning in 2006, Santamaria owned and operated multiple demolition companies and conspired with his business partner in those companies to conceal income from the Internal Revenue Service (IRS) and evade their personal income taxes. In order to further his scheme, Santamaria engaged in acts of evasion such as opening bank accounts for his co-conspirator to hide income and serving as a nominee for his co-conspirator’s businesses. Santamaria also wrote, signed, and cashed numerous checks and made cash withdrawals in amounts less than $10,000 on consecutive days to evade bank-reporting requirements.
Santamaria and his co-conspirator also paid workers in cash and failed to withhold and pay over any payroll taxes. Santamaria admitted to paying himself a weekly salary from company bank accounts, and paying personal expenses including food, lodging, clothing, gym memberships, and tuition for private school out of the business bank accounts, all in an effort to avoid paying personal income taxes. Santamaria has not filed a personal tax return since 2007.
In addition to the term of imprisonment imposed, U.S. District Judge Timothy Black ordered Santamaria to serve three years of supervised release and to pay $26,213 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Richard M. Rolwing of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Eighth Circuit Casts Doubt on Medtronic’s Transfer Pricing MethodRead the Press Release
The Court of Appeals for the Eighth Circuit issued an opinion yesterday reversing a Tax Court decision that had rejected the Commissioner’s valuation method in a closely watched transfer-pricing case, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and Deputy Assistant Attorney General Travis A. Greaves of the Justice Department’s Tax Division.
In Medtronic, Inc. & Consolidated Subsidiaries v. Commissioner, No. 17-1866, the Eighth Circuit held that the Tax Court had rejected the Commissioner’s transfer-pricing method, and adopted that of the taxpayer, without first engaging in the analysis required under Treasury’s transfer-pricing regulations. Because the Tax Court failed to make the necessary factual findings under those regulations, the Eighth Circuit was unable to determine whether the court “applied the best transfer pricing method for calculating an arm’s length result or whether it made proper adjustments under its chosen method.” Accordingly, it vacated the Tax Court’s order and remanded the case for further consideration by the Tax Court.
Principal Deputy Assistant Attorney General Zuckerman thanked Tax Division attorneys Richard Farber and Judith Hagley, who handled the case on appeal for the government.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Deputy Assistant Attorney General David Rybicki of the Justice Department’s Criminal Division Delivers Remarks at the Alaska Wellness Summit 2.0: Confronting Alaska’s Crime WaveRead the Press Release
Good afternoon. And thank you Senator Sullivan for that gracious introduction. It’s a pleasure to be here in the great State of Alaska to participate in the Alaska Wellness Summit 2.0.
I also want to thank Senator Sullivan for his leadership in convening this important event, along with everyone whose hard work went into organizing it.
Senator Sullivan is a long-time public servant and former Attorney General of Alaska, and I know he has a great appreciation for our men and women in law enforcement.
It is also a pleasure to be here with my friend and colleague, U.S. Attorney Bryan Schroder, who is doing a tremendous job leading the U.S. Attorney’s Office for the District of Alaska.
U.S. Attorney Schroder and I have worked together on violent crime issues and I applaud his leadership in Alaska’s law enforcement community.
As this event recognizes, crime—especially violent crime—remains a significant problem throughout our country, including here in Alaska.
We also face an ongoing crisis involving opioids and other dangerous drugs.
We have violent gangs terrorizing communities across our country.
Criminals in the United States and overseas are targeting Americans in financial fraud schemes that destroy people’s hard earned savings, often taking a particular toll on our seniors.
Cyber criminals are stealing our private information, hacking into our online accounts, and stealing intellectual property from our businesses.
And criminals are coming up with new schemes every day to steal taxpayer dollars from our federal health care programs, like Medicare, Medicaid, and the TRICARE program that provides healthcare to our military families.
But we are making progress.
Under the leadership of President Trump and Attorney General Sessions, we are taking an all-hands approach to law enforcement.
Last June, Attorney General Sessions announced the largest surge in federal prosecutors in decades. Across the country, we are hiring more federal prosecutors, including right here in Alaska.
In the Criminal Division at the Justice Department, where I work, we recently marked a particularly important milestone—our Assistant Attorney General Brian Benczkowski, was just confirmed by the U.S. Senate a few weeks ago.
Under his leadership, we will continue the Division’s commitment to the rule of law and protecting our citizens, working more closely than ever with our federal, state, and local law enforcement partners.
Partners like the Coast Guard, which under Admiral Shultz is our primary defense to drug smuggling on the high seas and which works closely with DOJ’s Narcotic and Dangerous Drugs Section.
DOJ is working with State Attorneys General, like Jahna Lindemuth, not only to investigate and prosecute cases, but also to educate the public and prevent crime through programs such as our Elder Justice Initiative. Under that initiative, which was announced by Attorney General Sessions in February, we now have an Elder Justice Coordinator in each of our 93 U.S. Attorney’s Offices, including here in Alaska.
I know this is a particularly important issue for U.S. Attorney Schroder as well, who has made it a priority to prosecute elder fraud cases, working together with FBI, the U.S. Postal Inspection Service, and the State of Alaska’s Office of Elder Fraud and Assistance.
Just this past December, his office secured a 10-year sentence against a Washington State man who defrauded Alaskans out of approximately 2.7 million dollars as part of an advance-fee scheme that preyed upon the sick and elderly.
In connection with the focus on elder justice that I just mentioned, this February Attorney General Sessions announced the coordination of a nationwide elder fraud sweep that involved approximately 200 criminal defendants who were engaged in a variety of fraud schemes, ranging from mass mailing to telemarketing and investment scams, targeting seniors in Alaska and around the nation.
In my current role as Deputy Assistant Attorney General in the Department’s Criminal Division, I am tasked with overseeing the Organized Crime and Gang Section. I’m in a position to see all of the great work that our 700 federal prosecutors in the Criminal Division are doing each day to protect the American people across the country, often with prosecutors in U.S. Attorney’s Offices, and with federal, state and local law enforcement, to bring violent gang members to justice—members of gangs like MS-13.
Fighting violent crime is a top priority of this Attorney General and this Administration—and I know it’s a priority for all of our citizens, and particularly for the people of Alaska. Between 2014 and 2016, the national violent crime rate increased by around seven percent, and the murder rate went up by roughly 20 percent. As of the most recent FBI statistics, in 2016, Alaska had the highest rate of violent crime per capita of any state at approximately 800 offenses per 100,000 persons.
Under U.S. Attorney Schroder, the U.S. Attorney’s Office here has doubled down in its efforts against violent crime. Bottom line is that Bryan’s office went from 154 violent crime cases filed in calendar year 2016, to 186 cases filed in calendar year 2017. That’s a 20.7 percent increase. The number of defendants charged went up even more, from 198 in calendar year 2016, to 243 in calendar year 2017, a 22.7 percent increase.
In October last year, he announced the Office’s Anti-Violent Crime Strategy, which brings together city, state, and federal authorities to combat rising crime in Alaska. He did it as part of the Attorney General’s October 2017 renewal of “Project Safe Neighborhoods,” a nationwide program that partners federal, state, and local law enforcement agencies.
A key part of the anti-violent crime strategy here in Alaska involves greater collaboration with local law enforcement. Here in Anchorage, the FBI has assigned a Special Agent to work full time with the Anchorage Police Department’s homicide unit.
The Anchorage Police Department is also using the Integrated Ballistic Identification System, a national system hosted by the ATF that allows local law enforcement to quickly enter ballistics information and search against evidence from their jurisdiction, neighboring ones, and others across the country.
I’d like to switch gears now and address a few of the other significant threats to public safety and public health that Attorney General Sessions has made a priority for federal prosecutors.
Health Care Fraud.
We’re working to protect the federal health care system that benefits Alaskans and all Americans. The success of the Department’s approach to health care fraud was on full display a few weeks ago when Attorney General Sessions and U.S. Department of Health and Human Services (HHS) Secretary Azar announced the largest ever health care fraud enforcement action in history.
This year’s takedown involved charges against 601 defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. These are cases that impact every American taxpayer. When a criminal in Miami steals money from Medicare, it impacts taxpayers in Anchorage.
As a result of our focus on health care fraud, in Miami and Detroit, we have seen a 20 percent drop in Medicare Part A and B billings. That amounts to over $2 billion in savings for all taxpayers annually.
Just as important as the fraud charges, 162 defendants, including 57 medical professionals, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.
The opioid epidemic has hit Alaska hard.
Admissions for treatment of opioid abuse increased almost 60 percent in 2014. Recent data show that over 200,000 Alaskans out of a state population of around 740,000, obtained prescriptions Schedule 2 controlled substances, including opioids—that’s 27 percent of the population. According to the National Institute on Drug Abuse, approximately 80 percent of heroin users reported starting their addiction with these kinds of prescription opioid painkillers.
While the majority of those opioids were initially prescribed in good faith by doctors trying to do right by their patients, the data indicate that there is unfortunately no shortage of medical professionals only too willing to prescribe opioids for any reason, or for no reason all—and that’s a crime.
By investigating and prosecuting corrupt doctors and pharmacists who are illegally prescribing and distributing prescription opioids, we can stem the flow of these dangerous narcotics onto our streets. As we reduce the flow of prescription opioids, we seek to prevent the next generation of addicts.
We are also attacking other cases involving opioids, including by charging suppliers in China who are manufacturing deadly fentanyl that is being sold over the internet to people in the United States.
And we continue our work in dismantling drug trafficking organizations and cartels that continue to flood our streets with deadly poisons here and in the lower 48.
On the cyber and child exploitation front, in April of this year, the Department announced charges against seven individuals and the seizure of Backpage.com, the internet’s leading forum for prostitution ads, including ads advertising the prostitution of children. Backpage was allegedly used as a platform that allowed human traffickers to thrive.
Also this year, prosecutors in our Organized Crime and Gang section charged 36 cybercriminals from the United States and 17 countries on five continents who participated in a transnational cyber enterprise called “Infraud.”
Members of the Infraud Organization used the forum to coordinate and conduct online criminal activities that included identity theft, bank fraud, wire fraud and computer crimes, resulting in more than $530 million in losses to financial institutions, merchants, and private individuals in all 50 states.
Our prosecutors work day and night, across the country, side by side with our law enforcement partners, as we tackle these problems that are so important to the Department, the people of Alaska, and the nation.
While many of our investigations are taken out of the public eye, know that we are here, we are dedicated, and we will not waiver in our mission of protecting the American public. Our goal is simple—we will use every lawful tool available to ensure that our citizens, our businesses, and our country can thrive, without fear of crime.
As federal prosecutors, we are not here to fill up the prisons or manage crime — that’s not our goal. Our goal is to reduce crime — to bend that trend curve downward in Alaska and across the nation.
Thank you for your time today. I look forward to the remainder of the program.
David Michael Sare Sentenced to over 10 Years in Prison in Ice Trafficking CaseRead the Press Release
SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant DAVID MICHAEL SARE, was sentenced on August 16 in the District Court of Guam to ten years and one month imprisonment. SARE, age 42, from Corona, California, was convicted of Conspiracy to Distribute Fifty (50) grams or more of Methamphetamine Hydrochloride, in violation of 21 U.S.C. § 846. SARE had an extensive criminal history including previous convictions for possessing drugs while armed, burglary and receiving stolen property. The Court acknowledged SARE’s statements that his drug addiction had contributed to his long criminal history. The Court also ordered SARE to pay a mandatory $100 assessment fee and serve five years of supervised release after his term of imprisonment. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
From March 1, 2016 until August 15, 2016, in Guam and in California, SARE conspired with co- defendant Katlyn Scully to distribute methamphetamine. SARE assisted Scully in procuring the methamphetamine, and prepared the drug so that Scully could carry it into Guam inside of her body. SARE also assisted Scully in arranging a trip to Guam to deliver the drugs to co-defendant Timothy Duenas who was to distribute the methamphetamine on island.
On August 15, 2016, SARE and Scully arrived on Guam via United Airlines Flight #201 from California, by way of Hawaii. Guam Customs and Quarantine Agency Officers were suspicious of their behavior and sent them through secondary customs inspection where two condoms containing methamphetamine were found in their luggage. Scully also had additional condoms containing methamphetamine seized from her purse, and had additional methamphetamine inside of her body cavities. The total amount of drugs seized was 407.3 grams of ice, 98% pure, with a street value of over $200,000.
The case was investigated by the Drug Enforcement Administration, Guam Customs and Quarantine Agency and the Department of Homeland Security, Homeland Security Investigations. Belinda Alcantara, an Assistant United States Attorney for the District of Guam, represented the government during sentencing proceedings.
Two Sentenced for Their Roles in an Opioid Overdose DeathRead the Press Release
United States Attorney Trent Shores announced the sentencing of Jennifer Elizabeth Boyce and Christina Ann Dempsey for their participation in a conspiracy to distribute oxycodone resulting in death. Today, United States District Judge John E. Dowdell sentenced Christina Ann Dempsey to eight years imprisonment for her role in supplying 80mg oxycodone pills (Oxy80s) to Boyce, who then sold the Oxy80s to customers for profit. Yesterday, Judge Dowdell sentenced Boyce to ten years imprisonment for her role in selling the Oxy80s she received from Dempsey to Jennifer Blake McNulty, who subsequently overdosed and died on October 24, 2014.
Both Dempsey and Boyce accepted responsibility, cooperated fully in the federal investigation, and provided sworn testimony against themselves and others before the filing of federal charges. The third conspirator is Michael Allen Miers, whose case is still pending before Judge Dowdell.
U.S. Attorney Shores stated, “Attorney General Jeff Sessions directed United States Attorneys to consider every lawful tool at our disposal to combat the deadly opioid epidemic. We have taken that direction to heart by using all available criminal and civil remedies to stop opioid abuse and distribution in the Northern District of Oklahoma. We are pleased with the sentences in these cases. Illegal opioid distributors must be held accountable in courts of law. It is a matter of saving lives.”
In commenting about the extent of the opioid epidemic nationwide, U.S. Attorney Shores recounted the staggering statistics:
- Since 2009, drug overdose deaths have outpaced traffic accidents as the leading cause of injury death in the United States.
- Nearly 64,000 Americans died of drug overdoses in 2016–more drug related deaths in one year when compared to total number of combat losses during the entire Vietnam War.
- Emergency Department visits for opioid overdoses rose 30% in all parts of the country from July of 2016 through September of 2017.
- Life expectancy in the United States dropped for two years in a row after more than a century of steady progress.
- The number of children admitted to hospitals for opioid overdose has nearly doubled since 2004, according to a study recently published in the journal Pediatrics.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pryor Police Department, and the Mayes County District Attorney’s Office investigated the case. Assistant U.S. Attorney Timothy L. Faerber, the Deputy Chief of the Criminal Division, and Brian Surber, the First Assistant District Attorney for Mayes County and a Special Assistant U.S. Attorney, prosecuted the case.
U.S. Attorney Shores observed, “Collaborative law enforcement is good law enforcement. I want to express my deep appreciation and profound thanks to all the women and men of law enforcement–federal, state, and local–for working together on this investigation. The Mayes County District Attorney’s Office has also been a great partner. The work they did on this case was essential.”
Statement of Attorney General Jeff Sessions on State of Washington v. U.S. Department of StateRead the Press Release
The Department of Justice yesterday filed a brief in opposition to a preliminary injunction in the State of Washington v. U.S. Department of State, a case about 3D printed guns.
After the filing, Attorney General Jeff Sessions issued the following statement:
"Under federal law, it is illegal to manufacture or possess plastic firearms that are undetectable. Violation of this law is punishable by up to five years in prison. Such firearms present a significant risk to public safety, and the Department of Justice will use every available tool to vigorously enforce this prohibition. We will work with federal, state and local law enforcement to identify any possible cases for prosecution.
"We will not stand for the evasion, especially the flouting, of current law and will take action to ensure that individuals who violate the law by making plastic firearms and rendering them undetectable, will be prosecuted to the fullest extent."
Please find the Justice Department's brief here.
Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl: (see chart attached below)
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
Executive Office for Immigration Review Announces Largest Immigration Judge Investiture Since at Least 2010, Hiring Times Reduced by More Than 50%Read the Press Release
The Executive Office for Immigration Review (EOIR) on Friday held the investiture of 23 new immigration judges, which increases the total number of immigration judges to 351. Since the end of January 2017, 82 immigration judges have been sworn in, and EOIR anticipates three additional hiring classes this fall that will total at least 75 more immigration judges.
As part of a series of common-sense reforms to the immigration court system, Attorney General Jeff Sessions last year introduced a “streamlined hiring plan” emphasizing clear deadlines for ensuring immigration judge candidates move efficiently through the hiring process. Due to this effort, some of the immigration judges sworn-in on Friday were hired in approximately 266 days, down from an average of 742 days just one year ago.
The investiture was announced by EOIR Director James McHenry, and Principal Deputy Chief Immigration Judge Christopher A. Santoro presided over the investiture during a ceremony held Aug. 10, 2018, at the Department of Justice’s Great Hall in Washington, D.C.
“Hiring more immigration judges and reducing the time it takes to hire a judge are two key elements reducing the pending caseload of immigration court cases,” said Attorney General Jeff Sessions. “EOIR Director James McHenry should be commended for making tremendous progress on both fronts since he became Acting Director in May 2017. Under his leadership, we are making great strides toward having an immigration court system that serves the national interest.”
After a thorough application process, Attorney General Jeff Sessions appointed Stuart D. Alcorn, Robert A. Fellrath, Kathleen French, Daniel B. Gilbert, Lena Golovnin, Cynthia Gordon, Nathan L. Herbert, Howard C. Hom, Natalie B. Huddleston, David C. Koelsch, W. Scott Laragy, Zakia Mahasa, Michael G. McFarland, Patrick M. McKenna, Nancy E. Miller, Angela Munson, Jonathan W. Owens, Kaarina Salovaara, Eric J. Tijerina, Nelson A. Vargas-Padilla, Michael G. Walleisa, George J. Ward Jr., and Jason R. Waterloo to their new positions.
Biographical information about each new judge is found in a notice issued by EOIR.Justice Department Files Sexual Harassment Lawsuit Against Michigan School DistrictRead the Press Release
The Department of Justice filed a lawsuit against the Allegan Area Educational Service Agency (AAESA), a government agency providing support, cooperative educational programs, and services to local school districts in Allegan County, Michigan. The lawsuit alleges that AAESA subjected two female teachers to sexual harassment and a hostile work environment in violation of Title VII of the Civil Rights Act of 1964. Title VII is a federal statute that prohibits employment discrimination on the basis of sex, race, color, national origin, and religion.
The Department’s complaint, filed today in the United States District Court for the Western District of Michigan, alleges that AAESA discriminated against two female teachers when they were regularly subjected to sexual harassment in the workplace by their supervisor, a former principal at the school where they all worked. According to the complaint, the sexual harassment of the teachers included verbal abuse as well as unwanted physical touching that escalated to physical assaults. The principal was later convicted of criminal assault of the teachers. The complaint alleges that AAESA did not take reasonable steps to prevent his unlawful acts.
“All Americans are entitled to a workplace that is free of unlawful harassment based on sex,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The types of discriminatory acts alleged in this lawsuit, resulting in these public sector employees suffering years of verbal and emotional abuse and ending with physical assaults, can be prevented only when employers cultivate workplace environments where workers know that such misconduct will not be tolerated.”
Both teachers filed charges of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC investigated the charges and found that there was a reasonable basis to believe that violations of Title VII had occurred. After unsuccessful conciliation efforts by the EEOC, the charges were referred by the EEOC to the Justice Department.
Through this lawsuit, the United States seeks monetary relief for each of the teachers and injunctive relief to require AAESA to develop and implement policies that would prevent sex discrimination and harassment in the future.
Today’s lawsuit is part of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative announced in February 2018. The Initiative is aimed at eradicating sexual harassment in state and local government workplaces. It focuses on litigation, outreach, and development of effective remedial measures to address and prevent future sex discrimination and harassment.
Attorneys assigned to the Employment Litigation Section of the Civil Rights Division represent the United States in this matter.
Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at https://www.justice.gov/crt
Fulton County Deputy Jailer Indicted for Assaulting InmateRead the Press Release
A federal grand jury in Paducah, Kentucky, returned a one-count indictment today charging James Eakes, a deputy jailer at the Fulton County Detention Center, with violating the civil rights of an inmate by assaulting him with a dangerous weapon.
The indictment alleges that on Aug. 14, 2016, Eakes willfully deprived an inmate of the right to be free from cruel and unusual punishment. Specifically, the indictment alleges that Eakes assaulted the inmate with a dangerous weapon, resulting in bodily injury to the inmate.
If convicted of the civil rights charge, Eakes faces a maximum term of imprisonment of 10 years.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
The FBI conducted the investigation. Assistant United States Attorney Madison Sewell of the Western District of Kentucky and Trial Attorneys Sanjay Patel and Zachary Dembo of the Civil Rights Division are prosecuting the case.
Attorney General’s Advisory Subcommittee on Native American Issues Meets in Tulsa, Oklahoma to Discuss Crime Reduction Strategies in Indian CountryRead the Press Release
The Attorney General’s Advisory Subcommittee on Native American Issues (NAIS) met in Tulsa, Oklahoma from August 13-15 to discuss crime reduction strategies in Indian Country, the Department of Justice announced today. U.S. Attorney Trent S. Shores the Northern District of Oklahoma, who also serves as Chairman of the NAIS, and Principal Chief of the Muscogee (Creek) Nation James Floyd gave remarks. On Tuesday, August 14, the NAIS visited and met with the Cherokee Nation in Tahlequah, Oklahoma.
Fighting violent crime and combating the drug epidemic are two of Attorney General Jeff Sessions’s top priorities. The Department is actively addressing violence against women and children in Indian country through partnerships with federal, tribal, state, and local law enforcement, investigating and prosecuting crimes, grant programs, training and technical assistance, and information sharing with tribes.
Earlier this month, the Department announced the expansion of the Tribal Access Program (TAP), which provides federally recognized tribes with the ability to access and exchange data with the national crime information databases for both civil and criminal purposes. The Department is accepting new applications for this program until October 1, 2018. Interested tribes may apply by using this link: www.justice.gov/tribal/tribal-access-program-fy-2019-application.
Through TAP, tribes may enter information directly into federal databases. So far, tribes have contributed nearly 600 sex offender registrations and over 550 sex offender check-ins; nearly 300 instances of data entry that would prohibit someone from being able to purchase a firearm; over 1,000 orders of protection entered or modified; and over 4,200 finger-print based record checks for civil purposes that include employment, tribal housing placement, and personnel/volunteers who have regular contact with or control over Indian children.
American Indian and Alaska Native people suffer from high rates of victimization in our nation. Crimes range from domestic violence to sexual assault and to those devastated by the drug trade and the opioid epidemic. In June, the Department announced it had set aside $110 million in a program to provide assistance to crime victims in tribal communities. The FY 2018 Tribal Victim Services Set-Aside Program can be used to provide a wide range of victims’ services for victims of human trafficking, crime victimization related to the opioid and drug crisis, child abuse and neglect, domestic violence, homicide, and assault, among other crimes.
U.S. Attorneys’ Offices and law enforcement components are responsible for investigations, prosecutions, and victim services in the 49 judicial districts across the nation that include Indian country. Federal prosecutors have primary criminal jurisdiction for 70 million acres of Indian lands. That spans across about 200 Indian country territories. Our law enforcement work requires strong partnerships with tribal law enforcement, the Bureau of Indian Affairs, and state and local law enforcement.
Approximately 85 percent of the Department’s pending Indian country investigations relate to violent crime. The most investigated crimes include child sexual abuse, violent assaults, and adult sexual assaults, followed by homicide, other forms of child abuse, drug, and property crimes. Native women and girls suffer a high rate of violence, including murder. The Centers for Disease Control and Prevention (CDC) reported that American Indian and Alaska Native women experienced some of the highest rates of homicide based on an analysis from 18 states.
The Department’s Office on Violence Against Women (OVW) has funded Tribal Special Assistant U.S. Attorneys (SAUSAs) to enhance prosecution of Indian country cases and strengthen relationships and cooperation between federal and tribal law enforcement. OVW’s Tribal Governments Program enhances the ability of tribes to respond to violent crimes against Indian women, improve victim safety, and develop education and prevention strategies. In fiscal year 2018, OVW funds for tribal governments and tribal nonprofits totaled nearly $56 million.
The Department’s Office of Justice Programs, Bureau of Justice Assistance (BJA) has released the FY2018 Supporting Innovation: Field Initiated solicitation that focuses on several priorities including addressing innovative approaches to crime including violent crime associated with tribes and tribal members. BJA anticipates that it will be supporting a range of strategies including assistance for tribal prosecutors to prosecute violent crimes such as murder and crime associated guns, gangs and drug activity as well as training for tribes on violent crime and prosecuting violent crimes. In fiscal year 2018, BJA funds for tribal governments and tribal partners will total over $35 million dollars.
Native American communities have been hit particularly hard by the Opioid and drug epidemic. According to the CDC, American Indian and Alaska Native people had the highest drug overdose death rate in 2015. In 2017, the Department awarded nearly $59 million in tribal grants to strengthen drug court programs. The Bureau of Justice Assistance runs the Department’s Comprehensive Opioid Abuse Program, which aims to reduce opioid misuse and the number of overdose deaths. The program uses prescription drug monitoring to prevent the misuse and diversion of controlled substances.
Through its National Indian Country Training Program, the Department trains investigators and assists in the cross-deputization of tribal law enforcement. Better investigations lead to better cases, more prosecutions, and more convictions, all of which increase public safety and confidence in law enforcement.
The NAIS is made up of U.S. Attorneys from across the United States whose districts contain Indian country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General regarding public safety and legal issues that affect tribal communities.
22 Individuals Named in Federal Indictments Charging Money Laundering and Drug TraffickingRead the Press Release
United States Attorney Trent Shores announced that a federal Grand Jury indicted 22 people for their roles in drug trafficking and money laundering operations that included the use of Casa Herrera, a local money remitter business.
The two Indictments charged Alfredo Herrera, 73, of Bartlesville, Domingo Aguirre, 60, of Tulsa, and Javier Passement, 53, of Tulsa, with violating federal money laundering and drug conspiracy statutes. Herrera is the owner and operator of Casa Herrera. Aguirre and Passement worked as employees of Casa Herrera. The Grand Jury also indicted Pedro Perez, Jr., 65, of Broken Arrow, who owns and operates Servicios Perez, another local money remitter business alleged to have laundered drug proceeds to a Mexican source of supply. The Indictments allege that these money remitter businesses distributed large quantities of methamphetamine throughout Tulsa and surrounding areas. According to the Indictments, drug proceeds would be transmitted by wire transfer to a Mexican source of supply using “nominee names.” A “nominee name” is used to hide the true recipient of the money.
United States Attorney Shores stated, “Drug abuse in our country is an epidemic. We must dismantle the criminal organizations bringing drugs into our communities. This Indictment is a step toward disrupting the flow of methamphetamine from Mexican sources of supply into Tulsa. Methamphetamine has inflicted too much damage on Oklahomans. My office will seek to hold these drug dealers accountable in a federal court.”
These Indictments are the result of a joint investigation involving the Drug Enforcement Administration, Federal Bureau of Investigation, Homeland Security Investigations, and Tulsa Police Department.
“The Drug Enforcement Administration appreciates the extensive collaborative effort of our local, state, and federal partners that resulted in the successful federal indictment of 22 defendants in this multi-jurisdictional case which targeted a Mexico-based methamphetamine distribution organization with direct ties to Mexican Cartel sources. The dismantlement of this drug trafficking organization represents yet another outstanding example of what can be accomplished when law enforcement resources at all levels are combined and focused on a common goal,” said Richard W. Salter Jr., Assistant Special Agent in Charge DEA – Oklahoma.
Kathryn Peterson, Special Agent in Charge, FBI-Oklahoma City Division, further stated, “The Federal Bureau of Investigation remains committed to working with our local, state, and federal partners to protect the citizens of Oklahoma against organized crime and criminal actors whose illegal activities threaten the stability of the communities we serve.”
Chief Chuck Jordan of the Tulsa Police Department said, “The Tulsa Police Department will continue to protect its citizens from these violent drug cartel organizations operating in Tulsa by working in partnership with all of our federal law enforcement partners and the United States Attorney’s Office on cases such as this. The men and women of the Special Investigations Division, especially, contributed a lot of time and hard work towards this case and I’m proud of their efforts.”
The cases will be prosecuted by Assistant U.S. Attorney Joel-lyn A. McCormick. AUSA McCormick serves as the lead attorney for the United States Attorney’s Organized Crime Drug Enforcement Task Forces.
An Indictment is a formal statement of charges or alleged violations of law. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Reaches Agreement with the City of Minneapolis to Resolve Disability and Genetic Information Discrimination ComplaintRead the Press Release
The Justice Department today announced that it reached an agreement with the City of Minneapolis to resolve its lawsuit alleging discrimination on the basis of disability and genetic information. The Justice Department’s complaint alleges that the Minneapolis Police Department failed to hire a veteran because of his post-traumatic stress disorder (PTSD) in violation of the Americans with Disabilities Act (ADA). The complaint also alleges that Minneapolis violated Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) by routinely requesting and obtaining genetic information from applicants for police officer positions during the pre-employment examination process. This is the Department’s first lawsuit challenging discrimination under Title II of GINA.
Based on its investigation, the Department concluded that the Minneapolis Police Department violated the ADA by refusing to hire a veteran because of his PTSD, even though he was qualified for the job and his condition did not interfere with his ability to work. After the applicant was rejected, he was hired as a police officer at another police department and was promoted to the SWAT team. The Department also determined that Minneapolis routinely obtained genetic information, including family medical history, from applicants for police officer positions. Title II of GINA prohibits employers from requesting or requiring genetic information with respect to employees, applicants, or family members of employees or applicants.
Under the three-year agreement, Minneapolis will pay $189,338.89 in back pay and other damages to the complainant. In addition, Minneapolis will implement policies, practices, and procedures to ensure that it does not discriminate in its hiring practices on the basis of disability, and does not request, require, or unlawfully obtain information in violation of the ADA or GINA. Minneapolis will also train Police Department employees who are involved in hiring-related personnel decisions, or who have access to applicants’ confidential medical information, on the ADA and GINA.
“Veterans who are qualified should not face discriminatory barriers to employment because they have post-traumatic stress disorder or other disabilities, and no applicant or employee should be asked to disclose genetic information unlawfully, including family medical history,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to protect veterans and other people with disabilities from discrimination in the workplace, and we commend the Minneapolis Police Department for committing to change its policies, train staff, and compensate the complainant.”
This matter was based on a referral from the Equal Employment Opportunity Commission’s Minneapolis Area Office.
To read the settlement agreement, please click here, and to read the complaint, please click here. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the Civil Rights Division’s Disability Rights Section, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Federal Court Bars Florida Tax Return Preparer and his Business from Preparing Tax Returns and Orders Them to Disgorge Ill-Gotten GainsRead the Press Release
A federal court in Orlando, Florida entered a permanent injunction against Herve Erilus and Herve Erilus, LLC, barring them from preparing federal tax returns for others and owning or operating a tax preparation business, the Justice Department announced today. The court also ordered that Herve Erilus and Herve Erilus, LLC disgorge $107,895.34, representing the ill-gotten gains that they received for the preparation of tax returns. The order was signed by Judge John Antoon II of the U.S. District Court for the Middle District of Florida.
The Earned Income Tax Credit (EITC) is a refundable tax credit available to certain low-income working people. In this case, the court found that Erilus and Herve Erilus LLC, an entity through which Erilus owns and operates a tax preparation store doing business as Travelers Tax Center, prepared tax returns that included fraudulent claims for the EITC, often based on bogus dependents, fabricated business income and expenses, and/or false filing status. The court also determined that Erilus and Herve Erilus LLC systematically and repeatedly prepared tax returns that falsely claimed: (1) education credits and (2) self-employed business income and/or expenses. The court concluded that injunctive relief and an order requiring that Erilus and Herve Erilus LLC disgorge the ill-gotten gains that they received for the preparation of tax returns making such false claims was appropriate.
The IRS has a list of steps on its website that you can take and ten tips for choosing a tax preparer. Each year, the IRS releases the top 12 scams, known as the Dirty Dozen. Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2018, and taxpayers seeking a return preparer should remain vigilant. The IRS has some information on its website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division at [email protected] with details.
California Man Pleads Guilty to Conspiring to Violate U.S. Sanctions Against SyriaRead the Press Release
Rasheed Al Jijakli, 57, a Syrian-born naturalized U.S. citizen of Walnut, California, pleaded guilty yesterday to a charge of conspiring to export U.S.-origin tactical gear to Syria in violation of the International Emergency Economic Powers Act and Syria Sanctions. Jijakli’s guilty plea was accepted by United States District Judge James V. Selna of the United States District Court for the Central District of California.
The guilty plea was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney Nicola T. Hanna of the Central District of California, Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division, and Special Agent in Charge Richard Weir of the U.S. Department of Commerce’s Office of Export Enforcement Los Angeles Field Office.
In the factual basis filed as part of the plea agreement, Jijakli admitted that from April 2012 through March 2013, he conspired with other individuals to export tactical gear, including U.S.-origin laser boresighters, day and night vision rifle scopes, and other items (Tactical Gear) from the United States to Syria. From June through July 2012, Jijakli and one of the co-conspirators (Co-conspirator 1) purchased the Tactical Gear. On July 17, 2012, Jijakli traveled from Los Angeles, California to Istanbul, Turkey with the Tactical Gear, with the intent that it would be provided to Syrian rebels training in Turkey and fighting in Syria. Jijakli provided some of the Tactical Gear, specifically the laser boresighters, to a second co-conspirator who Jijakli learned was a member of Ahrar Al-Sham. Jijakli also provided the goods to other armed Syrian insurgent groups in Syria and Turkey. In total, Jijakli and co-conspirators knowingly provided at least 43 laser boresighters, 85 day rifle scopes, 30 night vision rifle scopes, tactical flashlights, a digital monocular, 5 radios, and 1 bulletproof vest to Ahrar Al-Sham and other Syrian rebels in Syria, or with knowledge that the Tactical Gear was going to Syria. Also, in August and September 2012, Jijakli directed co-conspirators to withdraw thousands of dollars from Palmyra Corporation, where Jijakli was the Chief Executive Officer, to pay for Tactical Gear for Syrian rebels.
Jijakli was indicted by a federal grand jury on July 14, 2017. He faces a maximum sentence of 20 years in prison when sentenced on December 3, 2018. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of Jijakli will be determined by the court based on the advisory sentencing guidelines and other statutory factors.
The prosecution is the result of an investigation conducted by the FBI, Homeland Security Investigations, the U.S. Department of Commerce’s Office of Export Enforcement, and IRS Criminal Investigation.
This is being prosecuted by Assistant U.S Attorney Mark Takla of the Central District of California and Trial Attorney Christian Ford of the National Security Division’s Counterintelligence and Export Control Section.United States Reaches Settlement with Providence Schools to Ensure Equal Opportunities for English Learner StudentsRead the Press Release
The Justice Department’s Civil Rights Division and the United States Attorney’s Office for the District of Rhode Island today announced a settlement agreement with the Providence public school district that will provide English language services to the district’s 8,000 students who currently lack fluency in English. The agreement, which stems from the United States’ investigation under the Equal Educational Opportunities Act of 1974, will ensure that these English Learner students receive the services they need to succeed in the district’s educational programs.
Under the agreement, the district will:
- Properly identify and place English Learner students when they enroll in the district’s 41 schools, and communicate with parents about program offerings and other essential information in a language they understand;
- Provide adequate English language services to all English Learner students so that they can become proficient in English and access grade-level core content instruction;
- Ensure appropriate services for English Learner students with disabilities;
- Secure a sufficient number of teachers who are certified in English as a Second Language, and train the administrators and teachers who implement the English Learner programs; and
- Monitor and evaluate the effectiveness of its English Learner programs over time.
“The Department of Justice commends the district for cooperating throughout the investigation, and the Superintendent for his commitment to helping English Learner students succeed and thrive in school,” said Acting Assistant Attorney General John Gore. “We look forward to working together to implement this promising settlement agreement.”
“As a result of this settlement agreement, English Learner students will now receive all of the services they are legally entitled to and deserve,” said U.S. Attorney Stephen G. Dambruch for the District of Rhode Island.
The enforcement of the Equal Educational Opportunities Act is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
North Carolina Man Sentenced to Prison for Obstructing the IRSRead the Press Release
A Monroe, North Carolina resident was sentenced today to 18 months in prison for attempting to interfere with the due administration of the Internal Revenue laws, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, between October 2007 and September 2011, Billy Darryl Floyd committed acts in order to obstruct and impede the Internal Revenue Service. These acts include filing false income tax returns, which falsely reported that his income was zero. Additionally, Floyd submitted fictitious “Surety Bonds” to the Internal Revenue Service (IRS) attempting to satisfy his outstanding tax liability. Floyd also disrupted the IRS sale of property seized from him to satisfy his outstanding tax liabilities by threatening IRS employees conducting the sale and threatening to sue the buyer of the property. At the sale, Floyd falsely told potential buyers that the sale was illegal and that they would not receive good title to the property. These actions caused IRS personnel to halt the public sale of this property. Floyd’s obstructive acts caused a tax loss of approximately $170,471.
In addition to the term of prison imposed, U.S. District Court Judge Max O. Cogburn Jr. ordered Floyd to serve one year of supervised release and to pay $170,471 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Gregory Bailey of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and and its enforcement efforts may be found on the division’s website.
Justice Department Settles Race Discrimination Lawsuit Against Mississippi Delta Community CollegeRead the Press Release
The Justice Department today announced that it has reached a settlement with Mississippi Delta Community College (MDCC) to resolve allegations that MDCC discriminated against Pamela Venton on the basis of race in violation of Title VII of the Civil Rights Act of 1964, as amended. Title VII is a federal statute that prohibits employment discrimination on the basis of sex, race, color, national origin, and religion.
According to the United States’ complaint, filed today in the United States District Court for the Northern District of Mississippi, MDCC did not have a legitimate, nondiscriminatory reason for paying Pamela Venton, who is black, a significantly lower annual salary than four of her white coworkers working in the same position with the same duties and responsibilities. Ms. Venton complained internally about the wage disparities and, while MDCC agreed to adjust her salary beginning with the next academic school year, it did not compensate Ms. Venton for her lost wages.
“This settlement agreement reflects the Civil Rights Division’s continued commitment to vigorous enforcement of Title VII’s prohibition against race-based pay decisions,” said Acting Assistant Attorney General John Gore of the Civil Rights Division.
Under the terms of the settlement agreement, MDCC has agreed to pay $75,000 in back pay and compensatory damages to Ms. Venton. In addition, MDCC has agreed to implement appropriate training on identifying and correcting unlawful wage discrimination.
Ms. Venton originally filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s Jackson, Mississippi, office investigated the charges and made reasonable cause findings. After unsuccessful conciliation efforts, the EEOC referred the charges to the Justice Department.
The United States is represented in this case by Trial Attorney Torie Atkinson of the Civil Rights Division’s Employment Litigation Section.
More information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at http://www.justice.gov/crt.
Justice Department Reaches Settlement Agreement with Native American Community Health Center Resolving the USERRA Claims of United States Navy ReservistRead the Press Release
The Department of Justice today announced that it has reached a settlement agreement with Native American Community Health Center (Native Health), a private corporation located in Phoenix, Arizona. The settlement agreement resolves allegations that Native Health violated the employment rights of Commander Mario L. Islas, a Navy Reservist, under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA safeguards the rights of uniformed servicemembers, including Reservists, to all benefits of employment following periods of absence due to military service obligations.
Commander Islas was a Family Practice Physician for Native Health before being promoted to Medical Director in September 2014. According to the complaint that Commander Islas filed with the Department of Labor (DOL), his military service and status as a Navy Reservist were motivating factors in Native Health’s decision not to renew his employment contract in 2016. The DOL complaint alleged that on Oct. 30, 2015, Commander Islas notified Native Health that he would be attending pre-mobilization training in December 2015 and January 2016; would be deployed overseas starting in March 2016; and would return to his position as Medical Director in early 2017. In a letter dated Jan. 25, 2016, Native Health notified Commander Islas that it would not be renewing his employment contract.
Under the terms of the settlement, Native Health has agreed to pay Commander Islas $25,000 in monetary relief for lost wages and benefits. In addition, Native Health will provide training on servicemembers’ rights to its managers, supervisors and administrative staff, and will review and revise, if necessary, its employee handbook to ensure that current and future employees are aware of their USERRA rights.
“Members of our Navy Reserve, like Commander Islas, make many sacrifices in defense of our country, including spending months or years away from their jobs and families,” said Acting Assistant Attorney General John Gore. “The Department of Justice is committed to ensuring that our servicemembers’ employment rights are protected while they are away defending our country.”
Commander Islas initially filed his complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigated the matter and attempted to reach a resolution between the parties. VETS referred the complaint to the Justice Department’s Civil Rights Division, Employment Litigation Section, after resolution efforts failed.
The Justice Department’s Civil Rights Division gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s website at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Assistant Attorney General Benczkowski Announces Newark/Philadelphia Medicare Fraud Strike Force to Focus on Health Care Fraud and Illegal Opioid PrescriptionsRead the Press Release
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division today announced the formation of the Newark/Philadelphia Regional Medicare Fraud Strike Force (Regional Strike Force), a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for the District of New Jersey and the Eastern District of Pennsylvania, as well as law enforcement partners at the FBI, U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA).
Assistant Attorney General Benczkowski was joined in the announcement by U.S. Attorney Craig Carpenito for the District of New Jersey; U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania; Assistant Director Robert Johnson of the FBI’s Criminal Investigative Division; Deputy Inspector General Gary Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Administrator John Martin of the DEA.
“The devastation the opioid epidemic is inflicting on communities across the country and here in the Mid-Atlantic region is staggering—and health care fraud has played a role in feeding that epidemic,” said Assistant Attorney General Benczkowski. “It is estimated that each year tens of billions of dollars in American taxpayer money are lost to fraud, waste, abuse and improper payments. According to the CDC, in 2016, more than 40 percent of all U.S. opioid overdose deaths involved a prescription opioid. Our Medicare Fraud Strike Forces, which we have now expanded into Newark and Philadelphia, constitute one of our most important and effective means for containing these threats to the American people.”
“New Jersey is home to some of the best healthcare facilities and most successful pharmaceutical companies in the country,” said U.S. Attorney Carpenito. “Unfortunately, that also means that we offer substantial targets for those who would try to defraud the health care system or try to profit from the misery of people battling addiction to opioids. We’ve already developed one robust unit to go after these criminals (the Healthcare & Government Fraud Unit), and I added another (the Opioids Unit) in February upon rejoining the office as U.S. Attorney. The arrival of the Medicare Fraud Strike Force in our District will serve as an additional force-multiplier and enable us to do even more of these cases, further protecting the citizens of New Jersey from this kind of fraud and abuse.”
“Combatting the opioid epidemic and healthcare fraud abuses are major priorities of the Department of Justice and the U.S. Attorney’s Office for the Eastern District of Pennsylvania,” said U.S. Attorney McSwain. “Healthcare fraud schemes are driven by greed, and all American taxpayers pay the price for criminals who prey on providers and beneficiaries alike. My Office is honored and proud to welcome the DOJ Medicare Fraud Strike Force to our District in order to attack these problems with our law enforcement partners.”
“Healthcare fraud touches every corner of the United States and not only costs taxpayers money but can have deadly consequences; it is not a victimless crime,” said FBI Assistant Director Johnson. “Through investigations, outreach, partnerships, and education, the FBI is committed to combating health care fraud and the growing opioid epidemic that faces the United States. We look forward to the addition of the Newark/Philadelphia Regional Medicare Fraud Strike Force and continuing our work with our partners to positively impact the fight against fraud and abuse.”
“Fraudulent activity remains a significant threat to federal health care programs’ stability and the millions of beneficiaries who rely on such programs,” said HHS-OIG Deputy Inspector General Cantrell. “This joint initiative enables us to marshal resources with other law enforcement agencies, resulting in even more impressive investigative outcomes against health care fraud. As members of the Strike Force, OIG will continue to play a vital role in fighting health care fraud and holding criminals accountable.”
“DEA is committed to ending the opioid crisis occurring in our communities and preventing prescription drug misuse,” said DEA Assistant Administrator Martin. “Together with our law enforcement partners, we will work to bring down those medical professionals who seek to do harm while ensuring that patients have adequate access to critical medications.”
Prior to this announcement, the HCF Unit operated Medicare Fraud Strike Force’s in 10 cities across the United States including Miami, Florida; Los Angeles, California; Detroit, Michigan; Houston, Texas; Brooklyn, New York; Baton Rouge and New Orleans, Louisiana; Tampa, Florida; Chicago, Illinois; and Dallas, Texas, along with a Corporate Strike Force located in Washington, D.C. The Strike Forces represent a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG.
The Regional Strike Force will be made up of prosecutors and data analysts with the HCF Unit, prosecutors with the U.S. Attorney’s Offices for the District of New Jersey and Eastern District of Pennsylvania, and special agents with the FBI, HHS-OIG and DEA. In addition, the Regional Strike Force will work closely with other various federal law enforcement agencies, including the U.S. Postal Inspection Service and IRS Criminal Investigation, and State Medicaid Fraud Control Units. The Strike Force will focus its efforts on aggressively investigating and prosecuting cases involving fraud, waste, and abuse within our federal health care programs, and cases involving illegal prescribing and distribution of opioids and other dangerous narcotics.
In June, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III noted the success of the Strike Force model while announcing the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. More information can be obtained at https://www.justice.gov/opa/documents-and-resources-june-28-2018.
The Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the prosecutors in the 10 Medicare Fraud Strike Force locations have charged over 3,700 defendants who collectively have falsely billed the Medicare program for over $14 billion.Oregon Domestic Terrorism Suspect in Custody After 12 Years on the RunRead the Press Release
Joseph Mahmoud Dibee, 50, of Seattle, Washington, an accused domestic terrorist and 12-year fugitive, has been apprehended and returned to the United States to face federal criminal charges in Oregon, California and Washington State.
Assistant Attorney General for National Security John C. Demers, Assistant Director Michael McGarrity of the FBI’s Counterterrorism Division, U.S. Attorney Billy J. Williams for the District of Oregon, and Special Agent in Charge Renn Cannon of the FBI in Oregon made the announcement.
“Whatever the motivation, terrorism is simply unacceptable,” said Assistant Attorney General Demers. “Domestic terrorism is no exception. Because of the close cooperation between our international and intergovernmental partners, Dibee will now face the consequences for his crimes. This should send a clear message to all other criminals on the run: no matter how long it takes, we will find you and we will bring you to justice.”
“We will always continue in our mission to locate and bring to justice those who threaten our national security or seek to harm the American people,” said FBI Assistant Director McGarrity. “We thank all of the agents, analysts, and the U.S. Attorney’s Office, who have worked tirelessly on this case over the years.”
“More than two decades ago, a loosely affiliated group of environmental extremists set out to express their views using force, violence, sabotage, mass destruction, intimidation, and coercion,” said U.S. Attorney Williams. “Thankfully no innocent lives were taken by these senseless acts. Today we recognize the FBI’s unwavering pursuit of justice in returning longstanding fugitive Joseph Dibee. Dibee will now, as many of his co-conspirators have before, face the consequences of his actions. Using violent means to express one’s views will never be tolerated nor forgotten. We will bring every last person responsible for these crimes to justice.”
“Every act of violence comes with a choice—a choice to do harm,” said FBI Special Agent in Charge Cannon. “A choice to do what may be irreparable damage to a family, a business, or a researcher’s life work. A choice to risk the lives of the firefighters who will respond to an incident. Most of the defendants in the FBI's long-running Operation BACKFIRE investigation have answered for those decisions they made with significant prison sentences and millions of dollars in fines. Mr. Dibee, who traveled the world to avoid capture, will now, finally, have to answer to the allegations of violence he faces.”
Dibee, an American citizen, is charged in the District of Oregon with one count of conspiracy to commit arson, one count of conspiracy to commit arson and destruction of an energy facility, and one count of arson. He also faces one count each of conspiracy to commit arson, possession of an unregistered firearm, and possession of a destructive device in furtherance of a crime of violence in the Western District of Washington and one count each of conspiracy to commit arson, arson of a government building, and possession of a destructive device in furtherance of a crime of violence in the Eastern District of California.
Dibee will make an initial appearance in federal court today at 1:30 p.m. before a federal magistrate judge in the District of Oregon. The government will seek his continued detention.
According to court documents, federal authorities learned Dibee was traveling through Central America on his way to Russia with a planned stop in Cuba. With the assistance of the Cuban authorities, particularly the Ministries of the Interior and Exterior, the U.S. Department of State, the U.S. Department of Homeland Security including the U.S. Coast Guard and U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations and the U.S. Embassy in Havana, the FBI arranged for Cuban authorities to detain Dibee before he boarded a plane bound for Russia, and return him to the United States. Dibee fled the United States in December 2005.
In 2006, a federal grand jury in Oregon indicted Dibee and 12 coconspirators as part of Operation BACKFIRE, a long-running FBI domestic terrorism investigation. The conspirators, known as “The Family,” have been linked to more than 40 criminal acts ranging from vandalism to arson between 1995 and 2001, causing more than $45 million in damages.
Many of the Dibee’s crimes were linked to the Earth Liberation Front (ELF) or the Animal Liberation Front (ALF). Dibee’s “captured” poster can be seen at https://www.fbi.gov/wanted/dt/joseph-mahmoud-dibee.
One fugitive remains at large from Operation BACKFIRE. Josephine Sunshine Overaker, an American citizen believed to be either 43 or 46 years old, fled to Europe in late 2001. Overaker faces 19 felony charges including conspiracy to commit arson, conspiracy to commit arson and destruction of an energy facility, attempted arson, and arson in the District of Oregon, the Western District of Washington, and the District of Colorado. Overaker speaks fluent Spanish and may seek employment as a firefighter, midwife, sheep tender, or masseuse. The FBI continues to offer a reward of up to $50,000 for information leading to her arrest.
An indictment is only an accusation of a crime and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is being prosecuted by Assistant U.S. Attorneys Geoffrey Barrow of the District of Oregon, Andrew Friedman and Thomas Woods of the Western District of Washington and Heiko Coppola of the Eastern District of California, along with Trial Attorney David Cora of the National Security Division’s Counterterrorism Section.Real Estate Investor Pleads Guilty to Bid Rigging at Online AuctionsRead the Press Release
Real estate investor Christopher Graeve pleaded guilty today in West Palm Beach, in connection with an ongoing investigation into bid rigging at online public foreclosure auctions in Florida, the Department of Justice announced. Graeve is the second real estate investor to plead guilty in this investigation.
Felony charges of bid rigging were filed against Graeve on November 2, 2017, in the U.S. District Court for the Southern District of Florida. According to court documents, from around January 2012 through around June 2015, Graeve conspired with others to rig bids during online foreclosure auctions in Palm Beach County, Florida.
“Real estate investors who deal in foreclosed properties should be on notice that the Division will not tolerate the subversion of competition in foreclosure auctions,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The Division will continue to prosecute antitrust violations that occur at these auctions, and will hold individuals who engage in this conduct accountable.”
“Real estate investors who think they can swindle the system to line their pockets with ill-gotten gains beware,” said Special Agent in Charge Robert F. Lasky of the FBI Miami’s Field Office. “The FBI and our law enforcement partners will vigorously investigate such schemes.”
The Department said that the primary purpose of the conspiracy was to suppress and restrain competition in order to obtain selected real estate offered at online foreclosure auctions at non-competitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with any remaining proceeds available to the homeowner. According to court documents, the conspiracy artificially lowered the price paid at auction for such homes. In the past several years, the Division and its law enforcement partners have secured convictions of more than 100 individuals for rigging public mortgage foreclosure auctions in six different states, including Florida.
The investigation is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Miami Division – West Palm Beach Resident Agency. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal I Section of the Antitrust Division at 202-307-6694, call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
Justice Department Announces $3.4 Billion in Grants to Aid Crime Victims NationwideRead the Press Release
The Department of Justice today announced awards totaling more than $3.4 billion to fund thousands of local victim assistance programs across the country and to help compensate victims in every state for crime-related losses. Distributed through two grant programs administered by the Office for Victims of Crime (OVC), a component of the Department’s Office of Justice Programs, the awards surpass every other single-year grant amount in the program’s 34-year history.
The grants are supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments. The fund includes zero tax dollars.
"I’ve been in or around law enforcement for nearly 40 years and some of the strongest and most inspiring people I have met have been survivors of crime," said Attorney General Sessions. "We must ensure that this Department is always responsive to their needs and working for them. Today the Department continues its support by offering billions of dollars in services for crime victims. Through this grant funding from the Crime Victims Fund, we are helping victims walk the long and difficult road to recovery."
Most of the funds – more than $3.3 billion – are being awarded to states under the Victims of Crime Act (VOCA) Victim Assistance Formula Grant Program and will support local government and community-based victim services. In 2017, VOCA grants funded more than 6,700 local organizations across the country. Over the last two years, VOCA-funded programs have reached more than 5.2 million victims, providing services ranging from emergency shelter and transportation to crisis counseling, long-term therapy, and civil legal assistance.
Victim compensation programs, operating in all 50 states, two territories, and the District of Columbia, are receiving almost $129 million to reimburse victims and survivors for medical fees, lost income, dependent care, funeral expenses, and other costs. This compensation is often a lifeline to victims who face enormous financial setbacks on top of the emotional strife they experience.
“Americans suffer from millions of violent acts every year, and only a fraction of victims get the help they so desperately need and deserve,” said OVC Director Darlene Hutchinson. “This historically large funding will vastly expand the network of services available, allowing state and local officials to determine where resources are needed so that survivors in every corner of our country have a place they can turn to for support.”
The Office of Justice Programs provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART). More information about OJP and its components can be found at www.ojp.gov.
Federal Court Shuts Down South Florida Tax Return Preparers and Enters Monetary Judgments in Favor of the United StatesRead the Press Release
Today, a federal court in Miami, Florida permanently enjoined Jean-Philippe Boursiquot and Roberton Boursiquot from preparing federal income tax returns for others. The Court also entered judgments against Jean-Philippe Boursiquot and Roberton Boursiquot and in favor of the United States in the amounts of $250,000 and $100,000, respectively, on the United States’ claim for the disgorgement of ill-gotten fees they charged customers for the preparation of federal tax returns. The Boursiquots consented to the injunction order and money judgments. In May 2018, the Court also entered an injunction order against B&C Royalty Multi-Services, Inc., which operated in Oakland Park, Florida, and RBS Flamboyant Solutions, Inc., which operated in Hollywood, Florida, prohibiting both corporations from preparing federal income tax returns for others.
The complaint alleges that Jean-Philippe Boursiquot, Roberton Boursiquot, and their corporations, B&C Royalty Multi-Services, Inc. and RBS Flamboyant Solutions, Inc., continually claimed education credits for taxpayers who did not incur qualifying expenses. The complaint also alleges that they fabricated business income or expenses in order to qualify for the earned income credit.
It is further alleged that the Boursiquots and their corporations charged their customers exorbitant fees without the customers’ knowledge and quoted refunds to customers that were substantially smaller than the refunds requested on the returns filed with the IRS. They would then allegedly pocket the excess as preparation fees, often without the customers’ knowledge according to the complaint.
The IRS has a list of steps on its website that you can take and ten tips for choosing a tax preparer. Each year, the IRS releases the top 12 scams, known as the Dirty Dozen. Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2018, and taxpayers seeking a return preparer should remain vigilant. The IRS has some information on its website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division at [email protected] with details.
Colorado Business Owner Pleads Guilty to $7 Million Biodiesel Tax Credit Fraud SchemeRead the Press Release
A Colorado business owner pleaded guilty today to conspiracy to impair and impede the Internal Revenue Service (IRS) for his role in a $7.2 million renewable fuel tax credit scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Calvin Glover of Parker, Colorado, owned Colorado-based renewable fuel company, Shintan, Inc. Glover conspired with others to file more than $7 million in false claims for refundable fuel tax credits with the IRS. Glover signed at least 23 false tax returns that claimed over $7.2 million in bogus refundable biodiesel mixture tax credits. Based on these false claims, the IRS issued over $7 million in refunds to Shintan Inc. After receiving the refunds checks, Glover deposited the checks into a bank account that he controlled and then transferred the proceeds to his co-conspirators.
In response to two grand jury subpoenas issued during the investigation, Glover provided false documents and information to investigators and met with co-conspirators to concoct a false story, all intended to obstruct the IRS’ ongoing criminal investigation.
Glover faces a maximum sentence of 5 years in prison, as well as a period of supervised release, restitution and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS Criminal Investigation and Environmental Protection Agency Criminal Investigation Division, who investigated the case, and Tax Division Trial Attorneys Leslie A. Goemaat and Arthur J. Ewenczyk, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website: www.justice.gov/tax.
Kansas Man Sentenced to Life in Prison Without Parole for Racially Motivated Shooting at Olathe BarRead the Press Release
Adam W. Purinton, of Olathe, Kansas, was sentenced today to life in prison without the possibility of parole for the February 2017 killing of Indian national Srinivas Kuchibhotla, and shooting of two other men – Indian national Alok Madasani and Kansas resident Ian Grillot – at Austins Bar & Grill in Olathe, announced Attorney General Jeff Sessions, Acting Assistant Attorney General John Gore of the Civil Rights Division, U.S. Attorney Stephen R. McAllister of the District of Kansas, and FBI Kansas City Special Agent in Charge Darrin Jones.
Earlier this year, Purinton pleaded guilty in federal court to hate crime and firearm offenses arising out of the shooting. At his federal guilty-plea hearing, Purinton admitted in open court that he targeted and shot Kuchibhotla and Madasani because of their race, color, and national origin, and that he shot Grillot during an attempt to flee the scene of the crime. Purinton has also pleaded guilty in state court to charges of murder and attempted murder, and has been sentenced to a term of life imprisonment in state prison.
Sunayana Dumala, the widow of Srinivas Kuchibhotla, addressed Purinton in her victim-impact statement: “My husband was more than what you chose to address him as. Always kind, caring, and respectful to others. Srinu and I came to the United States of America full of dreams and aspirations. . . . Now, my American Dream – and that of Srinu’s – is broken. If you could have kept your anger inside and spoke to my husband softly, Srinu would have been more than happy to share his background and help you understand that not every brown skinned person is suspicious or evil, but kind, smart and contributing to America. Instead you chose to rage and bully in anger and when you were stopped, you decided to take their lives. . . . [U]se the time that is being given to you to educate yourself and inform others who are still out in the open and stop them from killing innocent people as you did - choosing violence over kindness.”
"The crimes at issue in this case are detestable," Attorney General Sessions said. "The defendant acted with clear premeditation in murdering one man, and attempting to murder a second man, simply because of their race, religion, and national origin. As a result, a promising young life has been tragically cut short, and other lives have been filled with suffering. Securing this sentence is important not only to the victims and their loved ones, but also to our justice system and our nation as a whole. I want to thank the FBI, our fabulous DOJ attorneys Tris Hunt, David Zabel, and Christopher Perras, as well as our partners at the Olathe Police Department for their hard work on this case. While we cannot undo the irreparable harm that this defendant has done, some measure of justice for the victims' families has been achieved. Such hateful crimes will remain a priority for the Department of Justice."
"No matter who you are, what you believe, or how you worship, you should be able to live without fear of becoming a victim of hate crimes. We hope today's sentencing brings some closure for the victims and their families," said U.S. Attorney Stephen McAllister for the District of Kansas.
"Today's sentencing speaks to the gravity of this senseless crime and reaffirms the FBI's continued commitment to bring those responsible to justice," said FBI Kansas City Special Agent in Charge Darrin Jones.
This case was investigated jointly by the Olathe (KS) Police Department and the Kansas City Division of the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorneys Tris Hunt and David Zabel of the District of Kansas, and Trial Attorney Christopher J. Perras of the Justice Department’s Civil Rights Division.
Justice Department Settles Immigration-Related Discrimination Claim Against Nation’s Second Largest Egg ProducerRead the Press Release
The Justice Department today announced that it has reached a settlement with Rose Acre Farms Inc. (Rose Acre), which is based in Indiana and is one of the largest egg producers in the United States. The settlement resolves a long-standing lawsuit filed by the Justice Department alleging that Rose Acre violated the Immigration and Nationality Act (INA) by discriminating against work-authorized non-U.S. citizens when verifying their work authorization.
The Department’s amended complaint, filed on Nov. 7, 2012, alleged that from at least June 2009 to Dec. 22, 2011, Rose Acre routinely required work-authorized non-U.S. citizens to present a Permanent Resident Card or Employment Authorization Document to prove their work authorization, but did not require specific documents from U.S. citizens. All work-authorized individuals, whether U.S. citizens or non-U.S. citizens, have the right to choose which valid documentation to present to prove they are authorized to work. The antidiscrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on employees’ citizenship or national origin.
“The INA makes clear that when employers verify the identity and work authorization of employees, they must not treat employees differently based on their citizenship or national origin,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “This case demonstrates the Department’s commitment to ensuring that employers implement the employment eligibility verification process in a manner that is non-discriminatory.”
Under the settlement, Rose Acre will pay a civil penalty of $70,000; train its employees on the INA’s anti-discrimination provision; and be subject to departmental monitoring for two years.
The Division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the antidiscrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.
El Departamento de Justicia Resuelve una Denuncia Relacionada con la Inmigración contra el Segundo Productor de Huevos Más Grande en el PaísRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia hoy anunció que ha alcanzado un acuerdo con Rose Acre Farms, Inc. («Rose Acre»), uno de los principales productores de huevos en los Estados Unidos cuya sede se encuentra en Indiana. El acuerdo resuelve un pleito entablado desde hace mucho tiempo por el Departamento de Justicia, en el cual este alega que Rose Acre vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar a trabajadores que no eran ciudadanos de los EE. UU pero que sí disponían de permiso para trabajar a la hora de verificar su autorización para trabajar.
La denuncia enmendada del Departamento, que se presentó el 7 de noviembre del 2012, alegó que desde al menos junio del 2009 hasta el 22 de diciembre del 2011, Rose Acre, de forma rutinaria, requirió que trabajadores que no eran ciudadanos de los EE. UU. pero que sí disponían de permiso para trabajar presentaran una tarjeta de residencia permanente o documento de autorización para demostrar su autorización para trabajar, mientras que no requerían documentos específicos a ciudadanos estadounidenses. Todos aquellos individuos con autorización, ya sean ciudadanos o no, tienen el derecho a elegir cuáles documentos válidos desean presentar para demostrar que están autorizados para trabajar. La disposición antidiscriminatoria de la INA prohíbe que los empleadores sometan a sus empleados a requisitos documentales innecesarios con base en la ciudadanía o nacionalidad de origen de los mismos.
«La INA deja claro que cuando los empleadores verifican la identidad y autorización para trabajar de sus empleados, ellos no pueden tratar a los empleados de una forma diferente por motivos de su ciudadanía o nacionalidad de origen», declaró el Fiscal General Auxiliar en funciones, John Gore, de la División de Derechos Civiles. «Este caso demuestra el compromiso del Departamento a asegurar que los empleadores implementen el proceso de verificación de la elegibilidad para trabajar de una forma que no sea discriminatoria».
Conforme el acuerdo, Rose Acre pagará sanciones civiles que ascienden a $70,000, capacitará a sus empleados en cuanto a la disposición antidiscriminatoria de la INA y se someterá a la supervisión por parte del Departamento durante dos años.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés), que anteriormente se conocía como la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración, que pertenece a la División, es responsable de aplicar la disposición antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias y la intimidación.
Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1‑800‑255-7688 (1‑800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; mande un correo electrónico a [email protected] o visite la página web de la IER en inglés o español.
Aquellos postulantes o empleados que creen haber sido sometidos a otros requisitos documentales por motivos de su nacionalidad de origen o su estatus migratorio o de ciudadanía en los procesos de contratación, despido o reclutamiento o recomendación por comisión deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Attorney General Jeff Sessions Issues Statement on DACA Court OrderRead the Press Release
Attorney General Jeff Sessions issued the following statement on Friday’s Deferred Action for Childhood Arrivals (DACA) order in the U. S. District Court for the District of Columbia:
"We strongly disagree with the district court’s decision on Friday in the Deferred Action for Childhood Arrivals (DACA) case. The executive branch’s authority to simply rescind a policy, established only by a letter from the Secretary of the Department of Homeland Security, is clearly established. The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.
"The last administration violated its duty to enforce our immigration laws by directing and implementing a categorical, multipronged non-enforcement immigration policy for a massive group of illegal aliens. This wrongful action left DACA open to the same legal challenges that effectively invalidated another program they established—Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). DAPA’s implementation was blocked by the U.S. Court of Appeals for the Fifth Circuit and never entered into effect. These two policies declared by officials of the previous administration—by policy letters only—had been considered by Congress and rejected.
"The Trump Administration’s action to withdraw the policy letters simply reestablished the legal policies consistent with the law. Not only did the Trump Administration have the authority to withdraw this guidance letter, it had a duty to do so. As former President Obama previously said, the changes they attempted to effect through this policy letter can only be lawfully achieved by congressional action. The judicial branch has no power to eviscerate the lawful directives of Congress—nor to enjoin the executive branch from enforcing such mandates.
"We have recently witnessed a number of decisions in which courts have improperly used judicial power to steer, enjoin, modify, and direct executive policy. This ignores the wisdom of our Founders and transfers policy making questions from the constitutionally empowered and politically accountable branches to the judicial branch. It also improperly undermines this Administration’s ability to protect our nation, its borders, and its citizens. The Trump Administration and this Department of Justice will continue to aggressively defend the executive branch's lawful authority and duty to ensure a lawful system of immigration for our country."Virginia Tax Return Preparer Indicted for Aiding in False Tax Return SchemeRead the Press Release
A federal grand jury has returned an indictment, which was unsealed today, charging a Roanoke, Virginia tax return preparer with aiding and assisting in the preparation of false tax returns and filing a false personal tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
According to the indictment, Saint Julien Pierre owned and operated a tax return preparation business, JP Tax Services, LLC in Roanoke. The indictment alleges Pierre aided and assisted in the preparation of 2013 and 2014 tax returns for his clients that falsely claimed residential energy credits, fuel tax credits, and itemized deductions, including, charitable contributions and unreimbursed employee expenses, in order to fraudulently increase their refunds. The indictment further charges Pierre with filing a false 2013 tax return for himself, on which he fraudulently sought the same fuel tax credit that he falsely claimed on his clients’ returns.
If convicted, Pierre faces a statutory maximum sentence of three years in prison for each count of preparing false tax returns and three years in prison for the count related to his own tax return. He also faces a period of supervised release, restitution, and monetary penalties. An indictment is an accusation. A defendant is presumed innocent until proven guilty.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen thanked special agents of IRS Criminal Investigation, who conducted the investigation, Tax Division Trial Attorney Lauren A. Archer and Assistant United States Attorney Charlene R. Day of the Western District of Virginia, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Two Former Biscayne Park Patrol Officers Plead Guilty to Deprivation of a Juvenile’s Civil Rights by Intentionally Making False ArrestsRead the Press Release
Acting Assistant Attorney General John Gore, U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, Katherine Fernandez Rundle, Miami-Dade State Attorney, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), today announced that former Biscayne Park Police Officers Charlie Dayoub and Raul Fernandez pleaded guilty today to depriving a 16-year old juvenile, “T.D.,” of his Civil Rights by falsely arresting T.D. for four unsolved burglaries.
As noted at the hearing and in court filings, on June 13, 2013, former officers Dayoub and Fernandez were both working on duty for the Village of Biscayne Park Police Department. On June 13, their supervisor instructed them to unlawfully arrest and falsely charge T.D., a juvenile previously known to Chief RA and Dayoub, for unsolved burglaries that had occurred in Biscayne Park. Dayoub and Fernandez complied with Chief RA’s instructions and falsely arrested T.D. Fernandez wrote narratives containing fabricated information in support of the four arrest affidavits that falsely claimed an investigation revealed that T.D. had committed the four burglaries. Dayoub signed and attested that the contents of the affidavits were true even though he, like the supervisor and Fernandez, knew that no evidence existed to substantiate the arrest. T.D. was subsequently arrested for the four burglaries.
Dayoub and Fernandez both pleaded guilty to count two of a superseding indictment charging each defendant with deprivation of T.D.’s civil rights, under color of law, in violation of Title 18, United States Code, Section 242. The defendants are both facing up to one year of incarceration as a result of their guilty pleas. The Court set the sentencing date for both of the defendants on Oct. 16.
This case is being investigated by the FBI, including the FBI Miami Area Corruption Task Force, and FDLE, and assisted by the Miami-Dade State Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr., Department of Justice Trial Attorney Donald W. Tunnage, and Assistant State Attorney Trent Reichling.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
North Carolina Man Sentenced to Prison for Role in Multi-State Dog Fighting ProsecutionRead the Press Release
A North Carolina man was sentenced yesterday to one year and one day in prison to be followed by three years of supervised release for his role in dog fighting activities, announced Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina and Special Agent in Charge Bethanne M. Dinkins for the U.S. Department of Agriculture’s Office of Inspector General.
On Jan. 12, Brexton Redell Lloyd, 54, of Eagle Springs, North Carolina, pleaded guilty to one felony count of conspiracy and two felony counts of possession and training a dog intended for use in an animal fighting venture, contrary to the animal fighting provisions of the federal Animal Welfare Act.
According to documents filed with the court, Lloyd participated with Justin “Jay” Love and others in a multi-state dog fighting conspiracy. These documents describe Lloyd and Love’s attempt to set up a dog fight between Lloyd and an unknown opponent in October 2015 and Lloyd’s breeding and training activities. Court documents further note that last year, federal agents seized 13 pitbull-type dogs from Lloyd’s residence. Ten of the dogs were secured outdoors by excessive chains, wearing thick collars, and positioned so that each dog was out of reach of any other dog. The other dogs were housed individually in pens. The water in the dogs’ bowls was frozen. Two of the four adult dogs seized exhibited scars consistent with dog fighting, and a third adult dog had four fractured teeth. In addition to the dogs, agents seized items related to training dogs for dog fighting purposes, including: a spring pole, a dog harness, and a hanging scale. Agents also seized veterinary supplies, including intravenous fluids, intravenous administration sets stated for “Veterinary Use Only,” injectable and other antibiotics, a 100-count package of syringes, blood-clotting medications such as Blood Stop Powder, and a skin stapler.
“Animal cruelty like the conduct in this case has no place in a civilized society,” said Acting Assistant Attorney General Wood. “Yesterday’s sentencing sends a strong message that we are bringing to justice those who engage in illegal dog fighting and that anyone who engages in this conduct does so at the risk of significant jail time.”
“Dog fighting isn’t entertainment, it’s organized crime, and it has no place in our society,” said United States Attorney Matthew G.T. Martin for the Middle District of North Carolina. Martin added, “I thank our law enforcement partners at the Department of Agriculture, the Federal Bureau of Investigation, the Moore County Sheriff’s Office, and the N.C. State Highway Patrol for their exceptional coordination in bringing this defendant to justice.”
“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling,” said Special Agent in Charge Dinkins for USDA OIG. “Together with the Department of Justice, animal fighting is an investigative priority for USDA OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”
This case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, over one hundred dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government. The Humane Society of the United States assisted with the care of the dogs seized by federal law enforcement.
This case was investigated by USDA OIG and FBI, with assistance from the Moore County Sheriff’s Office and the North Carolina Highway Patrol, and was prosecuted by Trial Attorney Erica H. Pencak of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney JoAnna G. McFadden of the Middle District of North Carolina.
Child Pornographer Sentenced to 97 Months IncarcerationRead the Press Release
SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant JOSEPH B. PANGELINAN JR. was sentenced by Chief Judge Frances Tydingco-Gatewood, District Court of Guam, for the crime of Receipt of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(2) and (b)(1). Pangelinan previously pled guilty to the charge and admitted to utilizing a peer- to-peer (P2P) network to receive approximately 2,280 images and 17 movies that depicted the sexual abuse of young children. The Court ordered 97 months imprisonment, five years of supervised release, $17,000 in restitution for the child victims, and forfeiture of a computer. Pangelinan was also ordered to register with the Sex Offender Registry in any jurisdiction in which he lives, works or attends school. Under federal law, his period of registration will extend for 25 years.
U.S. Attorney Anderson states, “Our office will continue to aggressively pursue child predators under the Project Safe Childhood initiative. Unfortunately, victims of child pornography suffer for many years from the trauma of abuse and the repeated distribution of depictions of the crime. I applaud the hard work of our federal law enforcement partners at Homeland Security Investigations in bringing this defendant to justice.”
Assistant Special Agent in Charge of Homeland Security Investigations (HSI) John Duenas said, “Today’s prison sentence is fitting for someone who robs children of their innocence and continues to sexually exploit them by producing and trading the illegal images with predators around the world. Investigating this type of criminal activity is a priority for HSI and we will continue to dedicate our resources to identify and bring to justice other child predators who victimize children in this same manner.”
The U.S. Attorney additionally reminds defendants who have committed sexual abuse of children that, under federal and local law, all sex offenders have a duty to register and keep their registration current with the Sex Offender Registry in their jurisdiction. Sex offenders who travel to Guam and who reside on Guam must inform the Guam Sex Offender Registry where they reside, work, or attend school. They must also periodically update their registration information. The U.S. Attorney notes that the Sex Offender Registry was created in order to protect the public by protecting victims, preventing further victimization and informing the public of the whereabouts of sex offenders. Guam’s Sex Offender Registry can be found online at www.guamcourts.org (link is external).
U.S. Department of Justice’s Project Safe Childhood (PSC) Initiative is a nationwide commitment to aggressively prosecute defendants who engage in the sexual victimization of children and adults, possess or receive child pornography, and sex offenders who fail to register with the jurisdiction’s Sex Offender Registry. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
The investigation was conducted by Homeland Security Investigations. The case was prosecuted by Rosetta San Nicolas, an Assistant United States Attorney for the United States Attorney’s Office in the District of Guam.
Anchor Glass Container Corporation to Cut Harmful Air Pollution, Improve Compliance at Container Glass Manufacturing Plants in Six StatesRead the Press Release
The U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) announced a settlement agreement with Anchor Glass Container Corporation today that will resolve alleged Clean Air Act violations at all six of Anchor’s container glass manufacturing facilities located in Florida, Georgia, Indiana, Minnesota, New York and Oklahoma and improve the company’s compliance with federal [and state] clean air laws. Under the proposed settlement, Anchor will install pollution controls to cut emissions of nitrogen oxide (NOx), sulfur dioxide (SO2) and particulate matter (PM) at its container glass manufacturing facilities. The states of Indiana and Oklahoma participated in the settlement.
“In this settlement, Anchor Glass Container Corporation has agreed to bring all of its manufacturing facilities into compliance with Clean Air Act requirements, which will help reduce harmful air pollutants to ensure the health and safety of communities in six states,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “The Justice Department will continue to work closely with the EPA and to partner with states to ensure compliance with federal clean air laws nationwide.”
“Under the terms of today’s settlement, Anchor Glass Container Corporation will take steps to reduce harmful air emissions from its facilities,” said Susan Bodine, EPA’s Assistant Administrator for the Office of Enforcement and Compliance Assurance. “The resulting pollution reductions will mean cleaner and clearer air for communities in six states.”
“Protecting the health and safety of Indiana residents is one of my office’s top priorities,” said Indiana Attorney General Curtis Hill. “Settlements such as this one help ensure that future generations will breathe cleaner air, and I’m grateful for the collaboration of our federal and state partners in bringing about this positive result.”
“I am pleased with the results of the settlement and hopeful this will help protect Oklahoma’s future,” said Executive Director Scott Thompson for the Oklahoma Department of Environmental Quality.
Today’s settlement resolves allegations that Anchor violated the Clean Air Act when it failed to seek permits for New Source Review major modifications at its container glass facilities. Anchor’s facilities manufacture beer bottles, liquor bottles, other beverage bottles, jars, and other glass containers.
Under this settlement, Anchor will implement pollution controls to reduce its NOx emissions at nine of its eleven furnaces (two furnaces already have pollution controls installed), and the company will meet more stringent NOx emissions limits at all of its furnaces. Anchor will also implement pollution controls and take other actions to reduce SO2 and PM emissions. The settlement also requires Anchor to install and operate continuous emissions monitors for NOx and SO2 at all eleven of its glass furnaces and to install continuous opacity monitors required by the Clean Air Act. The company will spend approximately $40 million in implementing these pollution reduction changes to its facilities.
This settlement will result in substantial reductions of NOx, SO2 and PM emissions at Anchor’s plants. NOx emissions will be reduced by over 2,000 tons per year, SO2 emissions will be reduced by over 700 tons per year and PM emissions will be reduced by over 100 tons per year. Additionally, Anchor will complete two mitigation projects, a woodburning appliance change-out project and a project to repower, retrofit, or replace vehicle diesel engines, further reducing NOx, SO2, and PM emissions.
As part of this settlement, Anchor will also pay a $1.1 million civil penalty.
NOx, SO2 and PM, three key pollutants emitted from glass manufacturing plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. The pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts and premature death. Reducing these harmful air pollutants will benefit the communities located near the Anchor plants, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children.
The proposed consent decree was lodged today in the U.S. District Court for the Middle District of Florida and is subject to a 30-day public comment period and final court approval. Information about submitting a public comment is available at: www.justice.gov/enrd/consent-decree/us-et-al-v-anchor-glass-container-corporation
For more information about the settlement: www.epa.gov/enforcement/anchor-glass-container-corporation-clean-air-act-settlement