District Not Recorded

Today Attorney General Jeff Sessions issued the following statement on the Supreme Court's decision in Trump v. Hawaii: “Today is a great victory for the safety and security of all Americans. The Constitution and Acts of Congress confer on the President broad discretion to protect the interests of the United States. Today’s decision is critical to ensuring the continued authority of President Trump – and all future presidents – to protect the American people. We will continue to take and defend all lawful steps necessary to protect this great nation.”

Today Attorney General Jeff Sessions issued the following statement on the Supreme Court's ruling in NIFLA v. Becerra: “We are pleased that today’s decision protects Americans’ freedom of speech.  Speakers should not be forced by their government to promote a message with which they disagree, and pro-life pregnancy centers in California should not be forced to advertise abortion and undermine the very reason they exist.  This Department will continue to vigorously defend the freedom of all Americans to speak peacefully in accord with their deeply held beliefs and conscience."

The Justice Department today reached a settlement agreement with Triple H Services LLC, (Triple H), a landscaping company based in Newland, North Carolina, that conducts business in Virginia and four other states. The agreement resolves the Department’s investigation into whether Triple H discriminated against qualified and available U.S. workers based on their citizenship status by preferring to hire temporary workers with H-2B visas, in violation of the Immigration and Nationality Act (INA). 

The Department’s investigation found that although Triple H went through the motions of advertising over 450 landscape laborer vacancies in five states, it did so in a manner that misled U.S. workers about the available positions and prevented or deterred some from applying. The Department found that Triple H did not consider several qualified U.S. workers who applied for positions in Virginia during the recruitment period, and instead hired H-2B visa workers. In several states where jobs were available, the Department found that Triple H prematurely closed the online job application process for U.S. worker applicants, filled positions with H-2B visa workers without first advertising the jobs to U.S. workers in the relevant locations, or advertised vacancies in a manner that did not make the postings visible to job seekers using state workforce agency online services.  

The Department concluded that in taking these actions, Triple H effectively denied U.S. workers access to jobs based on its preference for hiring temporary H-2B visa workers to fill the positions. Refusing to consider or hire qualified and available U.S. workers based on their citizenship status violates the INA’s anti-discrimination provision, regardless of whether an employer has complied with other rules governing the use of temporary employment-based visa programs. 

Under the settlement, Triple H must establish a back pay fund, with a cap of $85,000, to compensate certain individuals who were harmed by its practices. The agreement also requires Triple H to pay $15,600 in civil penalties, engage in enhanced recruitment activities to attract U.S. workers, and be subject to Departmental monitoring for a three-year period.   

“Federal law prohibits employers from discriminating against U.S. workers in hiring because of their citizenship status,” said Acting Assistant Attorney General John Gore. “The Department will continue to fight to ensure that U.S. workers are not disadvantaged because of their citizenship status.  I commend Triple H for its cooperation with the Department and its willingness to undertake efforts to recruit U.S. workers that go well beyond the minimum requirements for participation in the H-2B visa worker program.”

Today’s settlement is part of the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers. Under this Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements with three employers. Since the Initiative’s inception, employers have agreed to pay or have distributed over $285,000 in back pay to affected U.S. workers. The Division has also increased its collaboration with other federal agencies to combat discrimination and abuse by employers using foreign visa workers. 

The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. 

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: discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation should contact IER’s worker hotline for assistance.

Today, the Department of Justice, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the U.S. Secret Service (USSS), the U.S. Postal Inspection Service (USPIS) and the U.S. Drug Enforcement Administration (DEA), announced the results of a year-long, coordinated national operation that used the first nationwide undercover action to target vendors of illicit goods on the Darknet. Special Agents of the HSI New York Field Division, in coordination with the U.S. Attorney’s Office for the Southern District of New York, posed as a money launderer on Darknet market sites, exchanging U.S. currency for virtual currency.  Through this operation, HSI New York was able to identify numerous vendors of illicit goods, leading to the opening of more than 90 active cases around the country. The Money Laundering and Asset Recovery Section (MLARS) of the Department of Justice’s Criminal Division, working with more than 40 U.S. Attorney’s Offices throughout the country, coordinated the nationwide investigation of over 65 targets, that lead to the arrest and impending prosecution of more than 35 Darknet vendors.

These results were announced by Deputy Attorney General Rod J. Rosenstein, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Special Agent-in-Charge Angel M. Melendez of HSI New York Field Office, Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service (USPIS) New York Division, Assistant Director Kenneth Jenkins of the U.S. Secret Service (USSS) Office of Investigations, and Special Agent in Charge James J. Hunt of the U.S. Drug Enforcement Administration (DEA) New York Division.

“Criminals who think that they are safe on the Darknet are wrong,” said Deputy Attorney General Rosenstein.  “We can expose their networks, and we are determined to bring them to justice. Today, we arrested more than 35 alleged Darknet vendors.  We seized their weapons, their drugs, and $23.6 million of their ill-gotten gains. This nationwide enforcement effort will reduce the supply of deadly drugs like fentanyl that are killing an unprecedented number of Americans.  I want to thank our federal prosecutors, and the dedicated federal agents with DEA, Homeland Security Investigations, the Postal Inspection Service, and the Secret Service for their outstanding work.”

“The Darknet is ever-changing and increasingly more intricate, making locating and targeting those selling illicit items on this platform more complicated.  But in this case, HSI special agents were able to walk amongst those in the cyber underworld to find those vendors who sell highly addictive drugs for a profit,” said HSI Acting Executive Associate Director Benner.  “The veil has been lifted. HSI has infiltrated the Darknet, and together with its law enforcement partners nationwide, it has proven, once again, that every criminal is within arm’s reach of the law.”

“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 Darknet, that serve to destroy the lives of many through addiction and despair,” said Inspector in Charge Rendina.  “Today’s announcement of 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.”

“The Secret Service is proud to work with our law enforcement partners to help combat one of the largest threats to the U.S. financial infrastructure, money laundering with virtual currency,” said U.S. Secret Service Assistant Director Jenkins.  “The Secret Service continues to adapt along with these cyber criminals to maintain our level of success in stopping them.”

“At this crucial time of unprecedented drug related deaths, one of the greatest threats we face is cyber drug trafficking,” said DEA Special Agent in Charge Hunt.  “Because the Darknet invites criminals into our homes, and provides unlimited access to illegal commerce, law enforcement is taking steps to identify and arrest those involved. I applaud all the agencies who participated in this groundbreaking investigation.”

The extensive operation, which culminated in four weeks of more than 100 enforcement actions around the country, resulted in the following:

• Federal arrests of more than 35 Darknet vendors who engaged in tens of thousands of sales of illicit goods;
• Execution of 70 search warrants, resulting in the seizure of massive amounts of illegal narcotics, including 333 bottles of liquid synthetic opioids, over 100,000 tramadol pills, 100 grams of fentanyl, more than 24 kilograms of Xanax, and additional seizures of Oxycodone, MDMA, cocaine, LSD, marijuana, and a psychedelic mushroom grow found in a residence;
• Seizure of more than 100 firearms, including handguns, assault rifles, and a grenade launcher;
• Seizure of five vehicles that were purchased with illicit proceeds and/or used to facilitate criminal activity;
• Seizure of more than $3.6 million in U.S. currency and gold bars;
• Seizure of nearly 2,000 Bitcoins and other cryptocurrencies, with an approximate value of more than $20 million;
• Confiscation of 15 pill presses, which are used to create illegal synthetic opioids; and
• Seizure of Bitcoin mining devices, computer equipment, and vacuum sealers.

Amongst those charged federally, include:

• Antonio Tirado, 26, and Jeffrey Morales, 32, of the Bronx, New York, were arrested on June 18, and separately charged by the U.S. Attorney’s Office for the Southern District of New York with distribution and possession with intent to distribute narcotics, including cocaine, LSD (also known as “acid”), marijuana, and hashish oil.  Additionally, Tirado was charged with possession of a firearm in furtherance of his drug trafficking offenses.  Following an investigation into a Darknet marketplace vendor using the moniker “Trapgod,” investigators executed search warrants at homes in two residential neighborhoods in the Bronx leading to Tirado and Morales.  As alleged in the complaints, during the execution of the search warrants at the Tirado and Morales residences, agents seized controlled substances including powder cocaine, marijuana, and LSD, as well as various precursor powders, liquids, and reagents, and other narcotics-related paraphernalia including marijuana growing equipment, a home chemistry lab, scales, and heat sealing packaging materials.  In Tirado’s home, agents recovered a fully loaded shotgun alongside a narcotics stash.  Investigators in Tirado’s apartment recovered additional evidence of Darknet narcotics distribution, such as numerous U.S. Postal Service shipping boxes, already addressed to customers around the United States, which boxes contained hairbrushes some of which had already been packed with powder cocaine for distribution.

• Jian Qu, 30; Raymond Weng, 24; and Kai Wu, 22, all of Queens, New York, along with Dimitri Tseperkas, 22, and Cihad Akkaya, 22, of Middle Island and Port Jefferson, New York, respectively, were each arrested on June 18, and charged by the U.S. Attorney’s Office for the Southern District of New York with participation in a conspiracy to distribute more than 1,000 kilograms of marijuana.  Tseperkas and Akkaya were also charged with firearms offenses relating to the drug conspiracy.  Investigators monitoring Darknet marketplaces found accounts used by some of the conspirators, leading agents to execute search warrants at three addresses in residential communities in Flushing and Mt. Sinai, New York.  From the residences, agents recovered approximately $400,000 in U.S. currency, 140 kilograms of suspected marijuana and an additional 10 kilograms of suspected marijuana vape cartridges, 12 kilograms of suspected Xanax pills, over half a kilogram of suspected ecstasy, four pill presses, mixers, and pill press parts, over a dozen kilograms of various powders, packaging materials, and paraphernalia.   While searching the residence where Akkaya and Tseperkas were found, investigators recovered three loaded shotguns, including a tactical double-barreled shotgun loaded with 14 shells, and over 50 shotgun shells, as well as significant quantities of narcotics, packaging materials, and paraphernalia including a money-counting machine.  Review of electronic evidence recovered from the residences proved the conspirators’ connections to Darknet marketplaces, use of cryptocurrency, and narcotics distribution schemes.

• Ryan Farace, 34, of Reisterstown, Maryland, and Robert Swain, 34, of Freeland, Maryland, were charged by the U.S Attorney’s Office for the District of Maryland related to a scheme to manufacture and distribute alprazolam tablets, which are typically sold under the brand name “Xanax.”  The indictment alleges that Farace distributed the drugs through sales on the dark web in exchange for Bitcoin, and that Farace and Swain laundered the drug proceeds through financial transactions designed to conceal the source and ownership of the illegal funds.   To date, law enforcement has seized various crypto currency, to include bitcoin, valued at over $22 million at the time of the seizures, and over $1.5 million in cash, which was seized from Farace’s residence upon the execution of a search warrant on Jan. 18.  As part of the indictment, the government seeks the forfeiture of no less than $5.665 million, plus the value of 4,000 Bitcoin believed to be the proceeds of the illegal drug sales, two residences, and a vehicle used to facilitate the drug distribution.

• Nicholas J. Powell, 32, and Michael Gonzalez, 27, former and current residents of Parma, Ohio, respectively, were charged by the U.S. Attorney’s Office for the Northern District of Ohio with conspiracy to distribute controlled substances and laundering money using the dark web.  The complaint alleges that Powell used various monikers on Darknet marketplaces as part of his criminal scheme, including “TheSource,” “BonnienClyde,” BnC,” “BCPHARMA,” and “Money TS.”  The conspiracy operated on multiple Darknet marketplaces, including Silk Road 2, AlphaBay, and HANSA.  The conspiracy involved distributing Xanax, steroids, marijuana and other drugs across the country using these and other Darknet monikers.  Powell and Gonzalez would then launder the funds as cryptocurrencies such as Bitcoin, Etherium, and Komodo through individuals specializing in money laundering on Darknet marketplaces.  At the time of arrest, law enforcement had already seized approximately $437,000 in cryptocurrencies from Powell.

• Jose Robert Porras III, 21, and Pasia Vue, 23, both of Sacramento, were charged with drug distribution, money laundering, and illegally possessing firearms, in a 16-count indictment returned by a grand jury in the Eastern District of California. According to the indictment, Porras and Vue were using the online monikers “Cannabars” and “TheFastPlug,” to distribute marijuana, Xanax, and methamphetamine on various dark web marketplaces, including Trade Route, Wall Street Market, and Dream Marketplace.  Porras and Vue then laundered the Bitcoin proceeds of their drug distribution through the HSI undercover agent located in New York.  After receiving the Bitcoin from Porras and Vue, the undercover agent mailed parcels of cash to them in Sacramento. HSI and USPIS agents seized nine weapons including an AK-47 magazine and ammunition, 30 pounds of marijuana, $10,000 in U.S. currency, a vehicle, and over 100 bars of Xanax.

• Sam Bent, 32, of St. Johnsbury, Vermont (and formerly of East Burke, Vermont), and his cousin, Djeneba Bent, 26, also of St. Johnsbury (and formerly East Burke) were charged with conspiracy to distribute LSD, MDMA (also known as “ecstasy”), cocaine, and marijuana in an indictment returned by a federal grand jury in the District of Vermont.  The indictment alleges that the conspiracy involved setting up accounts on dark web marketplaces, establishing online identities, accepting Bitcoin in exchange for sales over the dark web, and mailing controlled substances from several different post offices in Northeastern Vermont and Northwestern New Hampshire in an effort to avoid detection.   The indictment also charges Sam Bent with four counts of money laundering involving three different exchanges of bitcoin drug distribution proceeds for U.S. currency. 

• In Fresno, California, a federal grand jury returned an 11-count indictment on May 17, against Daniel Boyd McMonegal, 35, of San Luis Obispo and Mariposa, California, charging him with drug distribution and money laundering in the Eastern District of California.  According to the indictment, McMonegal, using the online monikers “Sawgrass,” “Ross4Less,” and “ChristmasTree,” distributed marijuana on various dark web marketplaces, including Dream Market.  McMonegal was also the owner of a marijuana delivery service in San Luis Obispo called West Coast Organix, which claimed to be a non-profit medical marijuana cooperative.  McMonegal then laundered the Bitcoin proceeds of his drug distribution through an undercover agent located in New York.  After receiving the Bitcoin from McMonegal, the undercover agent mailed parcels of cash to McMonegal in San Luis Obispo and Mariposa.

More than 50 Darknet vendor accounts were identified and attributed to the real individuals selling illicit goods on Darknet market sites such as Silk Road, AlphaBay, Hansa, Dream, and others. HSI-New York Field Division and MLARS coordinated with law enforcement and federal prosecutors to investigate 65 targets identified by the undercover operation in more than 50 Federal districts, including: the District of Arizona, the Eastern District of Arkansas, the Western District of Arkansas, the Central District of California, the Eastern District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Connecticut, the Middle District of Florida, the Northern District of Florida, the Southern District of Florida, the Northern District of Iowa, the District of Kansas, the District of Maryland, the Eastern District of Michigan, the District of Minnesota, the Eastern District of North Carolina, the Western District of North Carolina, the District of New Hampshire, the Northern District of New York, the Southern District of New York, the Western District of New York, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Middle District of Pennsylvania, the District of South Carolina, the District of South Dakota, the Eastern District of Texas, the Northern District of Texas, the Southern District of Texas, the Western District of Texas, the Eastern District of Virginia, the District of Vermont, the Eastern District of Washington, and the Western District of Washington.  FBI was part of the investigative team in the Northern District of California.   

The investigation is ongoing.

This year, for the first time, the 2018 Commerce, Justice, Science, and Related Agencies Appropriations Act provides for three percent of funds from the Crime Victims Fund to be used to support a broad set-aside program for Indian tribes to improve services to crime victims.

The Justice Department’s Office for Victims of Crime (OVC) is seeking applications for the FY 2018 Tribal Victim Services Set-Aside Program solicitation. Under the solicitation, OVC will award eligible tribes, tribal consortia, and tribal designees grants to support a wide-range of services for victims of crime.  OVC anticipates making up to $110 million available through this solicitation to support tribes to improve victim services.

The Department of Justice has long recognized the critical need to fully and more effectively support American Indian and Alaska Native (AI/AN) victims of crime. In recent years, the department has conducted numerous tribal consultations and listening sessions to learn more about the needs and resources associated with supporting AI/AN crime victims.  The FY 2018 set-aside program has expanded the types of crimes addressed to cover victims of human trafficking; victimization as a result of opioid/drug-related crisis, child abuse and neglect, as well as victims of cybercrime and financial crime, among other areas.  

In developing the scope of activities allowable with this funding, OVC took into account input from tribal leaders and other stakeholders regarding needs for victim services in tribal communities.  This solicitation has a streamlined, two-phase application process for this unique program.

OVC will conduct a Phase 1 pre-application webinar on Thursday, June 28.  Webinar participation is optional but strongly encouraged. OVC staff will review the solicitation requirements and conduct a question and answer session with interested potential applicants. Phase 1 applications are due on August 6, 2018.

To find out more about the tribal set-aside program and to register for the webinar online, visit here.

Federal indictments were unsealed today charging current and former supervisory corrections officers at the Cheatham County Jail in Ashland City, Tennessee, with federal civil rights and obstruction offenses, announced Acting Assistant Attorney General John Gore of the Civil Rights Division and U.S. Attorney Don Cochran of the Middle District of Tennessee. Former Corporal Mark Bryant is charged with two counts of deprivation of rights under color of law, in violation of Title 18, United States Code, Section 242, and two counts of obstruction of justice, in violation of Title 18, United States Code, Section 1519.  Sergeant Gary Ola is charged with two counts of making false statements to federal investigators, in violation of Title 18, United States Code, Section 1001. Both were arrested earlier today and will make initial appearances before a U.S. Magistrate Judge later this afternoon.

Bryant’s indictment alleges that, on Nov. 5, 2016, he twice used unlawful force on a restrained 18-year-old detainee inside the jail.  In the first incident, Bryant used a Taser to stun the detainee four times for a total of approximately 50 seconds while the detainee was in a restraint chair.  In a second incident that occurred on the same night, Bryant tased the detainee for approximately 11 seconds without legitimate justification after the detainee was placed in handcuffs and surrounded by multiple officers. As a result of these unjustified uses of force, the detainee sustained bodily injury.  The indictment further charges that Bryant obstructed justice by submitting false reports about both incidents.

Ola’s indictment alleges that he made materially false statements to investigators in two separate interviews during the investigation of Bryant’s Taser usage. In August 2017, Ola falsely told agents with the FBI and Tennessee Bureau of Investigation that he walked away from Bryant and did not see one or more of the Taser cycles that Bryant used on the restrained detainee.  In a second interview with the FBI in May 2018, Ola stated falsely that he did not see Bryant tase the detainee after officers placed the detainee in handcuffs.

If convicted, Bryant faces a maximum sentence of 10 years in prison for the color of law charges and 20 years in prison for the obstruction charges, three years of supervised release, and a fine of up to $250,000. Ola faces a maximum sentence of five years in prison, three years of supervised release, and a fine of up to $250,000. 

An indictment is a formal accusation of criminal conduct, not evidence of guilt.  The defendants are presumed innocent unless proven guilty.

These cases were investigated by the Federal Bureau of Investigation, and are being prosecuted by Assistant U.S. Attorney Sara Beth Myers of the Middle District of Tennessee’s Nashville Office and Civil Rights Division Trial Attorney Michael J. Songer.

The U.S. Department of Justice’s Bureau of Justice Assistance (BJA) today awarded $2,000,100 to the State of Nevada to cover expenses related to the law enforcement response to the Oct.1, 2017, mass shooting in Las Vegas. The shooting, which occurred during a country music festival, left 58 people dead and over 500 injured.

State and local law enforcement agencies mobilized officers who responded to the shooting and carried out critical operations and support. This award, which supplements an earlier award of $1 million announced last October, will reimburse the agencies for continued expenses resulting from services provided by sworn and non-sworn law enforcement personnel, including protecting and safeguarding those directly affected, including members of the public and local, and state personnel who responded to the tragedy.  

"In this Department of Justice, we back the blue," said Attorney General Jeff Sessions. "That’s why, when there is a tragedy, we are there for police and first responders.  Today we continue to help state and local police in Nevada to rebuild after the deadliest mass shooting in American history, providing a total of $3 million to cover their expenses since that terrible day. We honor and respect the 85 percent of law officers in this country who serve at the state, local, and tribal levels, and we continue to support them and their life-saving work every single day."

BJA invited the Nevada Department of Public Safety to apply for funding under the Bureau of Justice Assistance Fiscal Year 2018 Emergency Federal Law Enforcement Assistance Program. This program supports the Department of Justice’s mission of reducing crime and supporting public safety personnel in the context of an emergency situation in which state and local resources may be inadequate to protect the lives and property of citizens or to enforce criminal law.           

For more information about the Bureau of Justice Assistance please visit www.bja.gov

The Justice Department today announced that it has reached a settlement agreement with J.C. Penney Corporation, Inc. (J.C. Penney). The agreement resolves two investigations, one into whether J.C. Penney unlawfully rejected a lawful permanent resident’s valid work authorization documentation, and the other into whether J.C. Penney violated the Immigration and Nationality Act (INA) by unlawfully reverifying the work authorization of certain non-U.S. citizens based on their citizenship status.

The Department’s first investigation was prompted by a lawful permanent resident’s charge alleging that J.C. Penney violated the INA’s anti-discrimination provision when J.C. Penney fired her in August 2016. The investigation found that J.C. Penney had improperly rejected the worker’s unexpired Permanent Resident Card as proof of her work authorization, based on her citizenship status. The second investigation found that J.C. Penney had unlawfully  reverified the work authorization of certain non-U.S. citizens solely based on their citizenship status, even though those non-citizens had presented the same type of valid work authorization documents as U.S. citizens when first hired. The Department also found that J.C. Penney unlawfully requested specific immigration documents from certain workers during the process of reverifying their work authorization because of their immigration status. Among other things, the INA prohibits employers from (1) rejecting valid work authorization documents, (2) limiting a worker’s choice of documentation to present for employment verification or reverification purposes, and (3) subjecting employees to different or unnecessary documentary demands, based on the employee’s citizenship, immigration status, or national origin.

Under the terms of the settlement, J.C. Penney will pay a civil penalty of $14,430 to the United States, provide $11,177.60 in back pay to the worker who filed the charge, train its staff and corporate human resources personnel, post notices informing workers about their rights, and be subject to departmental monitoring and reporting requirements. 

“Employers should not impose unlawful and discriminatory burdens on employees based on their citizenship or immigration status during the reverification process,” said Acting Assistant Attorney General John Gore. “It is critical for all employers to correctly train their employees on proper Form I-9 procedures at both initial hiring and reverification, and I am pleased that J.C. Penney has agreed to undertake such training.”

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 anti-discrimination provision of the INA.  Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. 

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 for a fee, should contact IER’s worker hotline for assistance.

Today, a federal court in Miami permanently barred Jessyca Bernard from preparing federal tax returns for others, the Justice Department announced today. The civil injunction order, to which Bernard agreed, was signed by Chief Judge K. Michael Moore of the U.S. District Court for the Southern District of Florida.

The complaint alleges that Bernard, of Lauderhill, Florida, owned and operated Proper Taxes, Inc. in Miami Gardens, Florida.  According to the complaint, Bernard fabricated losses for her customers’ side businesses in order to secure refunds to which her customers were not entitled. In one example cited in the complaint, Bernard prepared a customer’s tax returns that reported losses of more than $27,000 and $22,000 based upon fictitious expenditures for supplies, utilities, and medical expenses. Bernard also prepared a customer’s return that fabricated more than $11,000 in losses, including $8,000 in supplies for the customer’s side business of washing cars on weekends, according to the complaint.

Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2018 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips 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 with details.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con J.C. Penney Corporation, Inc. («J.C. Penney»). El acuerdo resuelve dos investigaciones: la primera para determinar si J.C. Penney rechazó ilegalmente el documento válido de autorización para trabajar de una residente permanente legal, la segunda para comprobar si J.C. Penney vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al reverificar de forma ilícita la autorización para trabajar de ciertos trabajadores no ciudadanos estadounidenses por motivos de su estatus de ciudadanía.

La primera investigación del Departamento fue el resultado de una denuncia presentada por una residente permanente legal que alegó que J.C. Penney había vulnerado la disposición antidiscriminatoria de la INA al despedirla en agosto del 2016. La investigación halló que J.C. Penney había rechazado, de manera incorrecta, la tarjeta de residencia permanente en vigor de la trabajadora como prueba de su autorización para trabajar, con base en su estatus de ciudadanía. La segunda investigación halló que J.C. Penney, de forma ilícita, había reverificado la autorización para trabajar de ciertos trabajadores no ciudadanos estadounidenses con base únicamente en su estatus de ciudadanía, aunque aquellos que no eran ciudadanos habían presentado el mismo tipo de documentos válidos de autorización para trabajar que presentaron ciudadanos estadounidenses cuando recién fueron contratados. Asimismo, el Departamento descubrió que J.C. Penney había solicitado ilegalmente, documentos migratorios específicos de ciertos trabajadores durante el proceso de reverificación de su autorización para trabajar por motivos de su estatus migratorio. Entre otras cosas, la INA prohíbe que los empleadores: (1) rechacen documentos válidos de autorización para trabajar; (2) limiten los documentos entre los que un trabajador puede escoger para fines relacionados con la verificación o reverificación para el empleo; y (3) sometan a empleados a solicitudes de documentos diferentes o innecesarias, con base en la ciudadanía, estatus migratorio o nacionalidad de origen del empleado.

Conforme los términos del acuerdo, J.C. Penney pagará sanciones civiles a los Estados Unidos que ascienden a $14.430, dará $11.177,60 en pagos retroactivos a la trabajadora que presentó la denuncia, capacitará a su personal general y el de la oficina corporativa, publicará avisos para informar a los trabajadores acerca de sus derechos y se someterá a los requisitos de supervisión y declaración del Departamento.

«Los empleadores no deben imponer cargas discriminatorias e ilícitas en sus empleados por motivos de su estatus migratorio o de ciudadanía durante el proceso de reverificación», declaró John Gore, el Fiscal General Auxiliar en funciones. «Es esencial que todo empleador capacite correctamente a sus empleados en cuanto a los procedimientos correctos para el Formulario I-9, tanto en la contratación inicial como en la reverificación. Estoy muy contento que J.C. Penney haya acordado someterse a tal capacitación».

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.

A former Killeen, Texas resident was sentenced to 42 months in prison today for aiding and assisting in the preparation and filing of a false tax return and aggravated identity theft, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

According to court documents, Shermin Marshall devised a scheme to file false federal income tax returns on behalf of his clients.  Marshall falsified specific items on his clients’ tax returns in order to fraudulently increase their tax refunds.  Marshall directed clients’ refunds to be deposited into financial accounts that he controlled and, unbeknownst to his clients, Marshall stole a portion of those refunds.  To facilitate the diversion of the stolen funds, Marshall opened financial accounts in his clients’ names, without their permission.

In addition to the term of imprisonment, U.S. District Court Judge Lee Yeakel ordered Marshall to serve three years of supervised release and to pay $397,367 in restitution to the Internal Revenue Service.

Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Robert A. Kemins and David Zisserson, who are prosecuting the case and the U.S. Attorney’s Office for the Western District of Texas (Waco Division) for their substantial assistance.

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

The Justice Department today announced that Firdos Sheikh, 58, of Elk Grove, California, was indicted by a federal grand jury in the U.S. District Court for the Eastern District of California on two counts of forced labor, two counts of alien harboring for financial gain, one count of obstructing a forced labor investigation, and one count of making false statements to federal agents. The announcement was made by Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division.

According to the indictment, between October 2008 and June 2013, the defendant harbored and concealed two victims on her property and other locations and forced them to provide labor and services for her financial benefit. In July 2013, the defendant lied to federal agents and attempted to hide one of the victims from the agents in order to obstruct their investigation.

An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty. If convicted, the defendant faces a maximum sentence of 20 years in prison, a $250,000 fine, and mandatory restitution to the victims.

The case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Trial Attorneys William E. Nolan and David Reese of the Civil Rights Division’s Criminal Section and Human Trafficking Prosecution Unit, with assistance from Trial Attorney Amanda Wick of the Criminal Division’s Money Laundering and Asset Recovery Section.

The Department of Justice announced today that it will require CRH plc and CRH Americas Materials, Inc. to divest an aggregate quarry in Rocky Gap, Virginia, in order to proceed with its proposed acquisition of Pounding Mill Quarry Corporation.    

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

“Today’s structural settlement resolves both horizontal and vertical competition concerns and ensures that purchasers of aggregate and asphalt concrete in southern West Virginia — and ultimately, taxpayers — will continue to benefit from competition in the supply of these critical products used in road construction and maintenance,” said Assistant Attorney General Makan Delrahim of the Antitrust Division.  “As a result of the proposed acquisition, CRH would have owned nearly all of the aggregate quarries that supply southern West Virginia.”

According to the Department’s complaint, both CRH and Pounding Mill produce and sell aggregate. CRH also produces and sells asphalt concrete.  Aggregate is an essential input in asphalt concrete.  Aggregate and asphalt concrete are the primary materials used to build, pave, and repair roads. 

The complaint alleges that, for a significant number of customers in southern West Virginia, CRH and Pounding Mill are two of only three competitive sources of aggregate qualified by the West Virginia Department of Transportation.  According to the complaint, the loss of horizontal, head-to-head competition between CRH and Pounding Mill would likely result in higher prices for aggregate customers in that area.  

The complaint also alleges that the acquisition would raise vertical competition concerns.  Only one company, a recent entrant, competes with CRH to supply asphalt concrete in southern West Virginia.  That company relies on Pounding Mill to supply the aggregate it needs to manufacture asphalt concrete.  According to the complaint, if CRH were to acquire its rival’s source of aggregate, it would have the incentive and ability to disadvantage its rival by withholding this essential input or supplying it on less favorable terms, resulting in higher prices for the sale of asphalt concrete in southern West Virginia.  

Under the terms of the proposed settlement, CRH must divest the Pounding Mill quarry in Rocky Gap, Virginia and related assets to an acquirer approved by the United States.  This structural divestiture remedies the competitive harm resulting from the elimination of a significant aggregate competitor and provides an alternative source of aggregate for CRH’s only asphalt concrete competitor.  

The settlement also includes, consistent with other antitrust settlements in this administration, several provisions designed to improve the effectiveness of the decree and the Division’s future ability to enforce it. 

CRH plc is headquartered in Ireland and is a global supplier of building materials.  In the United States, CRH, through its vast network of subsidiaries, is a leader in the supply of aggregate, asphalt concrete, and ready mix concrete, among numerous other things, conducting business in 44 states.  In 2015, CRH had global sales of approximately $26 billion, with sales in the United States of approximately $14 billion.  

CRH Americas Materials, Inc. is incorporated in Delaware with its principal place of business in Atlanta, Georgia.  CRH Americas Materials, Inc. is an indirect subsidiary of CRH Americas, Inc.  CRH Americas Materials, Inc. is one of the largest suppliers of aggregate, asphalt concrete, ready mix concrete, and construction and paving services in the United States.  

Pounding Mill is a Delaware corporation headquartered in Bluefield, Virginia.  Pounding Mill owns and operates four quarries — three in Virginia and one in West Virginia — from which it supplies aggregate.  In 2015, Pounding Mill had sales of approximately $44 million.  

As required by the Tunney Act, the proposed settlement, along with the Department’s competitive impact statement, will be published in the Federal Register.  Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Maribeth Petrizzi, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530.  At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.

A former officer of a software company in Sterling, Virginia, was sentenced to 15 months in prison today for conspiring to defraud the government by failing to pay over employment taxes to the Internal Revenue Service (IRS), announced Principal Deputy Assistant General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia.

According to court documents, Kristie Lynn McDonald was the Vice President of Finance and Administration of a software company in Sterling, Virginia.  From January 2011 to February 2013, McDonald conspired with the company’s Chief Executive Officer Robert Lewis to defraud the United States by failing to pay over to the IRS more than $1.8 million in payroll taxes withheld from employee paychecks.  

As part of their scheme, McDonald and Lewis circumvented the company’s normal payroll and accounting procedures by paying some employees with manual paychecks.  The employees still received the correct pay after withholdings, but by bypassing the accounting system, McDonald and Lewis were able to hide the fact that the withholdings were not being paid over to the IRS.  The practical effect of their scheme was to conceal the company’s failing financial condition from its Board of Directors.  They also caused the company to file false quarterly employment tax returns with the IRS that underreported the amount of tax due. 

During this same period, McDonald and Lewis failed to remit the full amount of employee retirement contributions to the company’s retirement plan.  Through their actions, the company failed to transfer nearly $225,000 in voluntary employee retirement withholdings.  McDonald and Lewis used the misappropriated money to pay the operating expenses of the company, which included their own six figure salaries and salary raises for other employees.

In addition to the term of imprisonment, U.S. District Judge T.S. Ellis III ordered McDonald to serve three years of supervised release and to pay restitution in the amount of $1,812,706 million.  McDonald and Lewis previously plead guilty on March 23.  Lewis is scheduled to be sentenced on June 29.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Terwilliger thanked agents of IRS Criminal Investigation and the Department of Labor who conducted the investigation, and Tax Division Trial Attorneys Kevin Schneider and Charles M. Edgar, Jr. and Assistant U.S. Attorney Ryan Faulconer, who are prosecuting the case.

The former Director of the Program Management Office in the Secretary of Defense Communications Office (SDC) pleaded guilty today to a criminal conflicts of interest charge for using her federal employment to participate in acts that financially benefited her and her husband’s company.  Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division made the announcement.

Kimberly S. Brewer, 37, of Fredericksburg, Virginia, pleaded guilty before Magistrate Judge John F. Anderson of the U.S. District Court for the Eastern District of Virginia to a one-count information charging her with violating a criminal conflicts of interest law that prohibits federal employees from using their federal employment to personally and financially benefit themselves or certain immediate family members, including spouses.

According to the plea documents, the SDC is the office within the U.S. Department of Defense responsible for, among other things, operating and maintaining the communications systems supporting the U.S. Secretary of Defense.  During the relevant time period, Brewer served as SDC’s Director of the Program Management Office at the same time that her husband’s company, Insight Technology Group LLC (ITG), was a subcontractor for a company that had a $4.68 million contract with the SDC.  Even though Brewer signed a disqualification statement in which she agreed to refrain from participating in any matters that would affect ITG, Brewer repeatedly personally and substantially participated in matters that affected the company’s financial interests, including advocating with her superiors on behalf of ITG and interfering in personnel matters affecting the company.  These acts directly impacted financial matters affecting ITG’s financial interests and, indirectly, her own. 

The case was investigated by the Defense Criminal Investigative Service of the U.S. Department of Defense Office of Inspector General, and is being prosecuted by Trial Attorney Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Samantha P. Bateman of the Eastern District of Virginia.

Acting Assistant Attorney General John Gore, United States Attorney Erica H. MacDonald, and Jill Sanborn, Special Agent in Charge of the FBI’s Minneapolis Division, today announced a five-count federal indictment charging Michael Hari, 47, Michael McWhorter, 29, and Joe Morris, 22, with charges including federal civil rights and hate crime violations, in connection with an explosion at the Dar al-Farooq Islamic Center (DAF) in Bloomington, Minnesota, on Aug. 5, 2017. McWhorter, Morris, and Hari were previously named in a criminal complaint filed on March 13, 2018, in the District of Minnesota, charging them with arson.

The three defendants are currently being held in custody in Urbana, Illinois, on separate charges.

“All people – regardless of where they worship – have the right under federal law to live free from the threat of violence and discrimination,” said Acting Assistant Attorney General John Gore.  “This Justice Department will hold accountable under the law anyone who attempts to commit violent acts of hate by threat or action.”

“These three defendants allegedly plotted and executed a plan designed specifically to spread fear and threaten a fundamental right afforded to all, the freedom of religion,” said U.S. Attorney Erica H. MacDonald. “In spite of the destructive and violent act alleged in the indictment, our communities have found strength in taking a unified stand against the attack. My office and our law enforcement partners are committed to upholding the laws that protect the civil rights of all Americans.”

“Last year's bombing was more than just an attack against a single structure, it was an attack on the very religious freedoms we enjoy as Americans,” said Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division. “The ability to worship how and where we want is a cornerstone of our country's foundation, and the FBI stands ready to work with the community and our law enforcement partners whenever those freedoms are attacked.”

The indictment returned by a federal grand jury alleges that Hari constructed a pipe bomb and rented a pickup truck in Champaign-Urbana, Illinois. Hari, McWhorter, and Morris drove from Illinois to Bloomington, Minnesota, in the pickup truck, stopping along the way to purchase diesel fuel and gasoline. The defendants mixed these ingredients together in a plastic container.

The indictment alleges that, in the early morning of Aug. 5, 2017, Morris broke a window at DAF and threw the plastic container containing the diesel fuel and gasoline mixture into the building. It is alleged that McWhorter then lit the fuse and threw the pipe bomb in the broken window at DAF. According to the court documents, the window that was broken was part of the Imam’s office. When the pipe bomb exploded, it ignited the mixture in the plastic container, causing extensive damage in the Imam’s office. McWhorter and Morris returned to the pickup truck, where Hari was waiting, and sped off, driving back to Illinois.

The charges allege that the defendants targeted the mosque with intent to damage the mosque because of its religious character and with intent to obstruct Muslims from worshipping there.  DAF serves as a religious center as well as a religious school for children. As described in the complaint previously filed with the Court, McWhorter said in reference to the DAF explosion, that the defendants did not intend to kill anyone, but they wanted to “scare [Muslims] out of the country” and to “show them hey, you’re not welcome here…” 

As described in the complaint previously filed with the Court, a tip from a confidential source helped to lead investigators to the defendants.

The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

The Federal Bureau of Investigation is leading the investigation. This case is being prosecuted by Assistant United States Attorneys Julie E. Allyn and John F. Docherty, with assistance from Trial Attorney Timothy Visser of the Justice Department’s Civil Rights Division.  The team is working in coordination with the U.S. Attorney’s Office in the Central District of Illinois.

James Baldinger, 51, of Minnesota, and a transport officer with the Prisoner Transportation Services of America (PTS), appeared in federal court today in Duluth, Minnesota, after a federal grand jury sitting in Albuquerque, New Mexico, indicted him on charges related to his sexual assaults of a female in his custody, and using his firearm in furtherance of those assaults.

Counts One and Two of the indictment charge Baldinger with committing civil rights offenses that resulted in bodily injury, including aggravated sexual abuse and the use of a deadly weapon. Count Three charges Baldinger with knowingly possessing a firearm in furtherance of these crimes of violence.

Baldinger faces a maximum of life in prison if convicted of the crimes charged, and a mandatory minimum of five years in prison for possession of the firearm.

An indictment is merely a formal accusation of criminal conduct, and Baldinger is presumed innocent unless proven guilty.

This case is being investigated by the Albuquerque Division of the FBI in cooperation with the New Mexico State Police. It is being prosecuted by Assistant United States Attorney Shaheen Torgoley of the District of New Mexico, and Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice. 

The Justice Department today announced that it has entered into an agreement with the State of Wisconsin to ensure that Wisconsin voters who temporarily reside overseas receive voting protections to which they are entitled under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Under this agreement, Wisconsin election officials will ensure that U.S. citizens residing overseas temporarily can receive their ballots electronically and utilize a Federal write-in absentee ballot to vote, if necessary, like other UOCAVA voters. 

The agreement was filed in conjunction with a lawsuit filed today alleging that Wisconsin was not affording its voters residing overseas temporarily all of the voting protections guaranteed by UOCAVA. This agreement was necessary because Wisconsin law differentiates between permanent and temporary overseas voters and as result, temporary overseas voters were deprived of certain UOCAVA protections.   

UOCAVA protects the voting rights in elections for federal office of absent uniformed service members, their family members, and U.S. citizens residing outside the U.S.  UOCAVA requires states to allow all UOCAVA voters to receive their blank absentee ballots by mail or electronically, at the voters’ option.  UOCAVA also requires States to allow all UOCAVA voters to use a Federal write-in absentee ballot as a back-up measure for voting, if the voters have applied on time for an absentee ballot but have not received the ballot from their state.  These protections extend to all overseas voters, regardless of whether the voter resides overseas indefinitely or temporarily.   

Wisconsin state election officials have agreed to take steps to implement these protections prior to the upcoming Aug. 14 Federal primary election and Nov. 6 Federal general election, and to notify local election officials and the public about these requirements. The state is also required to take steps to assure these protections for all future Federal elections.     

 “This agreement reflects the Department’s continued and resolute commitment to protecting the right to vote for members of our armed forces, their families, and overseas U.S. citizens, and ensuring that all of these voters are afforded a meaningful opportunity to vote in federal elections,” said Acting Assistant Attorney General John Gore for the Civil Rights Division.  “I commend the Wisconsin Elections Commission and the other state officials who worked with the Department to reach a resolution to guarantee that the full protections of UOCAVA are provided to all overseas voters in the upcoming 2018 Federal elections and in future Federal elections.”

More information about UOCAVA and other federal voting laws is available on the Department of Justice website at https://www.justice.gov/crt/uniformed-and-overseas-citizens-absentee-voting-act.  Please report any complaints to the Civil Rights Division at 1-800-253-3931.

Today Assistant Attorney General for National Security John C. Demers and U.S. Attorney Bob Troyer announced that a jury in the U.S. District Court in Denver found Jamshid Muhtorov guilty on three counts involving material support to a terrorist organization.  The guilty verdicts come after a 19-day trial before Senior U.S. District Court Judge John L. Kane.  The defendant was acquitted of an additional count. 

“Jamshid Muhtorov and Bakhtiyor Jumaev, who was previously convicted, conspired and attempted to provide material support to the Islamic Jihad Union (IJU), a designated foreign terrorist organization,” said Assistant Attorney General Demers. “Thanks to all the prosecutors, agents, and analysts on these cases, these defendants will now be held accountable for their crimes.”

“The jury verdict today reflects the strength and character of our prosecution team, the FBI, and the American justice system," said U.S. Attorney Troyer. "We thank the jury for their essential role in that system and service to our country.” 

On April 30, 2018, a jury in the U.S. District Court found Muhtorov’s co-defendant, Bakhtiyor Jumaev, guilty of similar charges.  Sentencing for Jumaev is scheduled for July 18, 2018.  Sentencing for Muhtorov has not yet been set.  

A former Fayetteville, North Carolina man was sentenced to 41 months in prison to be served after the expiration of his state sentence, with the expected release date of 2040, for mailing a threatening communication and retaliating against a federal official in the Western District of North Carolina.  

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge John A. Strong of the FBI Charlotte, North Carolina Field Office and U.S. Marshal Greg Forest of the Western District of North Carolina, made the announcement.

George Victor Stokes, 42, was sentenced by Honorable Max O. Cogburn Jr., who sentenced him to three years of supervised release following his prison sentence.  According to information included in the indictment and to which Stokes’ agreed to at his guilty plea, Stokes mailed a letter threatening to kill a U.S. District Court Judge, the former U.S. Attorney for the Western District of North Carolina, and an Assistant U.S. Attorney for the Western District of North Carolina.  Specifically, Stokes threatened to “blow” the head off of a U.S. District Court Judge and stated it was “his duty to do this.”  Stokes admitted he sent the death threat in retaliation for the victims’ roles in the sentencing and prosecution of Stokes in a prior federal case for similar conduct, mailing a threatening communication.

Stokes is currently incarcerated in state prison for an unrelated crime. After finishing his state prison term, he will be transferred to federal prison to complete his federal sentence. 

FBI Charlotte and the U.S. Marshals Service for the Western District of North Carolina investigated the case.  Trial Attorneys Matthew K. Hoff and Rachel E. Timm of the Organized Crime and Gang Section prosecuted the case.  

Real estate investor Stuart Hankin pleaded guilty today for his role in a conspiracy to rig bids, in violation of antitrust law, at online public foreclosure auctions in Florida, the Department of Justice announced.  He is the first defendant to plead guilty in this conspiracy.  

“Those who corrupt the foreclosure auction process through illegal bid rigging must expect to face the consequences,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “The Division remains committed to rooting out antitrust violations at foreclosure auctions, whether the auction is online or in person, and whether the conspiracy is carried out in person, in text messages, or through other electronic means.”

Felony charges of bid rigging were filed against Stuart Hankin 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, Hankin conspired with others to rig bids during online foreclosure auctions in Palm Beach County, Florida.  

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 noncompetitive 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 over 100 individuals for rigging public mortgage foreclosure auctions in six different states, now including Florida.

“Stuart Hankin and his co-conspirators used bid rigging to successfully undermine the legitimate, competitive foreclosure auction process for certain properties in Palm Beach County, Florida,” said Special Agent in Charge Robert F. Lasky for FBI Miami.  “Their greed left victims – including homeowners and other valid stakeholders – shortchanged.  The FBI and our law enforcement partners will vigorously investigate such schemes.”

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

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/contact/newcase.html.

Amir Said Rahman Al-Ghazi, 41, aka Robert C. McCollum, of Sheffield Lake, Ohio, was sentenced to 16 years in prison for one count of providing material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, as well as two counts of being a felon in possession of firearms.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney Justin E. Herdman for the Northern District of Ohio, and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division made the announcement.

“The National Security Division is committed to identifying and prosecuting those who seek to provide material support to terrorist groups like ISIS.” said Assistant Attorney General Demers.  “I want to thank the prosecutors and our partners in law enforcement—including the FBI and its Joint Terrorism Task Force—who ensured that this defendant was held accountable for his crimes.”

“This case is a stark reminder that ISIS is more than an abstract threat,” said U.S Attorney Herdman. “Through social media and other means, ISIS and groups like it seek to radicalize people of all backgrounds into its world of violence.”

“This case demonstrates law enforcement’s number one priority – to keep our communities and our nation safe,” said Special Agent in Charge Anthony.  “It is clear that no area is immune from the influence of ISIS and its supporters.  We hope this case will serve as a strong message to others who may consider providing support to terrorists.  The FBI and our Joint Terrorism Task Force partners are committed to identifying and stopping these individuals.”

Al-Ghazi, who changed his name from Robert McCollum last year, pledged his support to ISIS and Abu Bakr Al-Baghdadi via social media in 2014.  From July 2014 to June 2015, Al-Ghazi made multiple statements trying to persuade others to join ISIS.  He also expressed his own desire to perpetrate an attack on the United States and had attempted to purchase an AK-47 assault rifle.  Al-Ghazi has communicated with individuals he believed to be members of ISIS in the Middle East and took steps to create propaganda videos for ISIS, according to court documents.

This case was investigated by the FBI’s Joint Terrorism Task Force.  This case is being prosecuted by Assistant U.S. Attorneys Matthew W. Shepherd of the Northern District of Ohio, with assistance from Trial Attorney Erin Creegan of the National Security Division’s Counterterrorism Section.

Parveg Ahmed, 22, of Queens, New York, pleaded guilty today to attempting to provide material support or resources to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office, and Commissioner James P. O’Neill of the NYPD, announced the guilty plea, which was accepted by U.S. District Judge Ann M. Donnelly.

As detailed in publicly filed court documents, the defendant is a U.S. citizen who traveled to Saudi Arabia in June 2017, purportedly to celebrate an Islamic religious holiday.  Upon his arrival in Saudi Arabia, the defendant attempted to travel to Syria to join ISIS.  The defendant was apprehended in a country bordering Syria, during his attempted travel to ISIS-controlled territory.  Ahmed was deported back to the United States on Aug. 28, 2017, where he was arrested at John F. Kennedy International Airport in New York.

Prior to his travel, the defendant had repeatedly expressed support on social media for ISIS and for individuals who provided support to the foreign terrorist organization’s mission of violent extremism.  On July 17, 2017, JTTF agents obtained a search warrant for the defendant’s personal computer, and learned, among other things, that the defendant had viewed or listened to recordings of radical Islamic clerics Anwar al-Awlaki and Abdullah el-Faisal.  Al-Awlaki was a U.S.-born cleric and prominent leader of the foreign terrorist organization al-Qaeda in the Arabian Peninsula who was killed on or about Sept. 30, 2011.  El-Faisal, a Jamaican-born cleric, was found guilty in the United Kingdom of, among other things, solicitation to commit murder, for preaching to followers to kill individuals, including Americans, because he deemed them to be enemies of Islam.  Additionally, agents learned that, on the same day the defendant left the United States for the Middle East, the defendant researched how to erase the data on his computer.

The defendant faces a statutory maximum of 20 years in prison at sentencing.  The maximum potential penalty is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Assistant U.S. Attorneys Craig R. Heeren and Margaret E. Lee of the Eastern District of New York are in charge of the prosecution, with assistance from Trial Attorney Joshua Champagne of the National Security Division’s Counterterrorism Section.

A federal grand jury for the District of Colorado has returned an indictment, which was unsealed today, charging two Colorado business owners with conspiring to defraud the United States and to commit money laundering, money laundering and filing false claims, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

According to the indictment, Matthew Taylor and Martin Fields owned businesses in Colorado and New Jersey and allegedly conspired with the owner of a Colorado-based home heating oil business, Shintan, Inc., to file more than $7 million in false claims for refundable fuel tax credits with the Internal Revenue Service (IRS).  A refundable fuel tax credit called the “Biodiesel Mixture Credit” was available to blenders of biodiesel mixture who used the mixture as a fuel or sold it for use as fuel.

The indictment charges that Taylor and Fields filed multiple false claims for the credit with the IRS and then laundered the proceeds of the scheme through bank accounts they controlled.  They allegedly spent the fraudulently obtained funds on a variety of expenses, including $890,000 for a down payment on a house, $16,000 at a clothing store, more than $12,000 at a TV store, more than $24,000 towards luxury vacation rentals and paid more than $11,000 to a landscape company.

If convicted, the defendants face a maximum sentence of 5 years in prison on the conspiracy to defraud the government count, 5 years in prison on each false claim count, and 10 years in prison on the money laundering conspiracy count and each money laundering count.   They also face a period of supervised release, restitution and monetary penalties.  An indictment merely alleges that crimes have been committed.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

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.

Aziz Ihab Sayyed, 23, of Huntsville, Alabama, was sentenced today to 15 years in prison followed by lifetime supervised release for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney Jay E. Town for the Northern District of Alabama, and Special Agent in Charge Johnnie Sharp Jr. of the FBI’s Birmingham field office, made the announcement after sentencing by U.S. District Judge Abdul K. Kallon.

“We will not tolerate threats to our national security from terrorist groups like ISIS, which continues to radicalize and encourage terrorists through the internet,” said Assistant Attorney General Demers.  “The defendant, a citizen of this country, plotted to carry out attacks on his fellow Americans in our country, but was thwarted by the close cooperation of our partners in law enforcement.  This successful outcome should send a clear message to any other would-be terrorists that the National Security Division will find them and bring them to justice.”

“Aziz Sayyed was inspired by ISIS to kill or harm Americans and he has earned every bit of his prison term,” said U.S. Attorney Town.  “This case, and this investigation, serves as the gold standard for what is possible when federal, state and local law enforcement agencies work together.  The FBI did an outstanding job ensuring this investigation was successful by cultivating those layers of law enforcement necessary in cases like this.”

“The FBI’s Joint Terrorism Task Force is dedicated to identifying and bringing to justice those individuals who attempt to provide material support to foreign terrorist organizations, promote violent extremism, and threaten our national security,” said Special Agent in Charge Sharp.  “Today’s sentence is a culmination of the tireless efforts of our JTTF, and the invaluable partnership we have with the Huntsville Police Department.”

Sayyed pleaded guilty in March to the terrorism charge.  According to Sayyed’s plea agreement with the government, he attempted to provide services and personnel, namely himself, to ISIS.  He acknowledged that he bought bomb-building ingredients in 2017, that he stated his aspirations to conduct ISIS-inspired attacks on police stations and Redstone Arsenal in Alabama, and that he attempted to form a cell to conduct violent acts within the United States.

Between January and June of 2017 in Madison County, Sayyed, a U.S. citizen, obtained and viewed ISIS propaganda videos depicting ISIS forces committing bombings, executions by gunshot and beheading, and other violent acts.  Sayyed shared the videos and expressed his support for ISIS and for ISIS terrorist attacks around the world, according to his plea agreement.

Sayyed researched and learned how to make triacetone triperoxide (TATP), a highly volatile and extremely dangerous explosive material.  He then purchased the necessary ingredients for the explosive, and professed his aspiration to use TATP in an explosive belt or a car bomb.

On June 13, 2017, Sayyed met with an individual he understood to be an ISIS member.  In fact, the person was an undercover employee of the FBI.  Sayyed and the undercover employee discussed the danger of TATP, ISIS’s preference for the use of certain explosives, and Sayyed’s desire to assist ISIS, according to the plea agreement.  In that meeting, Sayyed offered to personally carry out attacks on behalf of ISIS.

The FBI investigated the case in conjunction with the Huntsville Police Department, Madison County District Attorney’s Office, Madison County Sheriff's Office, U.S. Army 902 MI Group, Redstone Arsenal’s Garrison Command, University of Alabama at Huntsville Police Department, Alabama Law Enforcement Agency, U.S. Immigration and Customs Enforcement, and Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant U.S. Attorneys Henry Cornelius and Davis Barlow of the Northern District of Alabama prosecuted the case with the assistance from the National Security Division’s Counterterrorism Section. 

The Justice Department today announced that it reached a settlement with Setpoint Systems Inc., an Ogden, Utah, engineering company. The settlement resolves the Department’s investigation into whether the company engaged in hiring discrimination against non-U.S. citizens protected under the Immigration and Nationality Act’s (INA) anti-discrimination provision.

The Department’s investigation found that from 2015 to 2017, Setpoint Systems had an unlawful policy of hiring only U.S. citizens for professional positions and refusing to consider otherwise qualified non-U.S. citizens based on the company’s erroneous understanding of the International Traffic in Arms Regulations (ITAR).  ITAR regulates specific exports of defense articles and services, and limits the access of certain sensitive information to U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. ITAR thus does not authorize employers to only hire U.S. citizens.  The anti-discrimination provision of the INA makes it unlawful for an employer to discriminate against an individual in the recruitment and hiring process based on citizenship status, unless authorized by law.

Under the settlement, Setpoint will pay a $17,475 civil penalty to the United States, train its human resources personnel on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring and reporting requirements.

“Employers may not adopt discriminatory hiring policies that harm workers who are protected by the law,” said Acting Assistant Attorney General John Gore. “We look forward to working with Setpoint Systems to ensure that its hiring procedures fully comply with the INA’s protections against citizenship status discrimination.”

The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, 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 workers 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.

Yesterday, a federal court in Jonesboro, Arkansas permanently barred Rachelle Eldridge-Bray from preparing federal income tax returns for others. The civil injunction order, to which Eldridge-Bray agreed, was signed by Judge D.P. Marshall Jr. of the U.S. District Court for the Eastern District of Arkansas.  

The complaint alleges that Eldridge-Bray prepares tax returns that understate her customers’ income tax liabilities and overstate her customers’ refunds. Eldridge-Bray unlawfully prepares federal tax returns with fabricated business income and expenses and bogus itemized deductions, according to the allegations in the complaint. 

Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2018 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips 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 with details.

Mississippi real estate investor Ivan Spinner became the sixth real estate investor to plead guilty in connection with the ongoing investigation into bid rigging at public real estate foreclosure auctions in Mississippi, the Department of Justice announced. 

Felony charges against Spinner were filed on June 8, 2018, in the U.S. District Court for the Southern District of Mississippi. According to those charges, from at least as early as April 20, 2010, through at least as late as August 21, 2015, Ivan Spinner conspired with others not to bid against one another for selected public real estate foreclosure auctions in the Southern District of Mississippi. Co-conspirators made and received payoffs in exchange for their agreement not to bid.  

“With today’s guilty plea, the Antitrust Division continues to hold those individuals accountable who corrupt the competitive process for their own financial gain,” said Makan Delrahim, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The Division and its law enforcement partners remain committed to prosecuting bid rigging and restoring competition at these auctions in Mississippi and across the United States.”

“Individuals who defraud our home foreclosure process harm us all,” said United States Attorney Mike Hurst for the Southern District of Mississippi.  “Our prosecutors and investigators should be commended for continuing to pursue those who violate our antitrust laws simply to enrich themselves.”

“Today’s guilty plea is another example that those who participate in bid rigging in Mississippi will be brought to justice,” said Special Agent in Charge Christopher Freeze of the FBI in Mississippi. “Bid rigging is a serious offense which undermines the integrity of the public systems designed to protect our citizens. The FBI continues to participate with the Antitrust Division investigating allegations of fraudulent bidding during public auctions in our state."

The Department stated that the primary purpose of the conspiracy was to suppress and restrain competition in order to obtain selected real estate offered at public 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 paid to the homeowner. According to court documents, these conspirators paid and received money in connection with their agreement to suppress competition, which artificially lowered the price paid at auction for such homes.

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

The investigation is being conducted by Antitrust Division attorneys in the Washington Criminal II Section and the FBI’s Gulfport Resident Agency, with the assistance of the U.S. Attorney’s Office for the Southern District of Mississippi.  Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact Antitrust Division prosecutors in the Washington Criminal II Section at 202-598-4000, or visit https://www.justice.gov/atr/report-violations.  

Officer illegally arrested citizen after the citizen attempted to file complaints against him

The Justice Department today announced that William Dukes, Jr., a former sergeant with the Providence, Kentucky, Police Department, was found guilty Friday in federal court on one count of willfully arresting a citizen without probable cause.

After five days of trial, the jury convicted Dukes of arresting the victim, knowing that he did not have probable cause to believe that the victim had committed a crime, in violation of his 4th Amendment rights. The jury heard testimony that Dukes arrested the victim because the victim had called several law enforcement agencies seeking to file a complaint against him. The defendant was acquitted of another civil rights charge for violating the victim’s 1st Amendment rights and was also acquitted of an obstruction of justice charge. 

“Police officers across the country have an important duty to protect and safeguard the rights of members of their communities,” said Acting Assistant Attorney General John Gore. “Dukes did not use that authority within the boundaries of the law when he violated the 4th Amendment rights of an individual, and his actions will not be tolerated.”

“The men and women of Kentucky law enforcement represent the very best of our Commonwealth,” stated U.S. Attorney Russell Coleman. “But when they treat the rule of law as optional as did Mr. Dukes, they will be held responsible like any other citizen.”

Sentencing is set for Sept. 13. The statutory maximum on the charge is 120 months in prison. 

This case was investigated by the Louisville Division of the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Seth Hancock of the Western District of Kentucky, and Trial Attorney Zachary Dembo of the Civil Rights Division’s Criminal Section.

The Justice Department today announced that William Dukes, Jr., a former sergeant with the Providence, Kentucky, Police Department, was found guilty Friday in federal court on one count of willfully arresting a citizen without probable cause.

After five days of trial, the jury convicted Dukes of arresting the victim, knowing that he did not have probable cause to believe that the victim had committed a crime, in violation of his 4th Amendment rights. The jury heard testimony that Dukes arrested the victim because the victim had called several law enforcement agencies seeking to file a complaint against him. The defendant was acquitted of another civil rights charge for violating the victim’s 1st Amendment rights and was also acquitted of an obstruction of justice charge. 

“Police officers across the country have an important duty to protect and safeguard the rights of members of their communities,” said Acting Assistant Attorney General John Gore. “Dukes did not use that authority within the boundaries of the law when he violated the 4th Amendment rights of an individual, and his actions will not be tolerated.”

“The men and women of Kentucky law enforcement represent the very best of our Commonwealth,” stated U.S. Attorney Russell Coleman. “But when they treat the rule of law as optional as did Mr. Dukes, they will be held responsible like any other citizen.”

Sentencing is set for Sept. 13. The statutory maximum on the charge is 120 months in prison. 

This case was investigated by the Louisville Division of the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Seth Hancock of the Western District of Kentucky, and Trial Attorney Zachary Dembo of the Civil Rights Division’s Criminal Section.

John C. Demers, Assistant Attorney General for National Security, Geoffrey S. Berman, United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that Joshua Adam Schulte was charged in a 13-count Superseding Indictment (the “Indictment”) in connection with his alleged theft of classified national defense information from the Central Intelligence Agency (“CIA”) and the transmission of that material to an organization that purports to publicly disseminate classified, sensitive, and confidential information (“Organization-1”).  The Indictment also charges Schulte with the receipt, possession, and transportation of child pornography, as well as criminal copyright infringement.  Schulte, who is presently detained on the child pornography charges, will be arraigned by U.S. District Judge Paul A. Crotty.

“Leaks of classified information pose a danger to the security of all Americans,” said Assistant Attorney General Demers.  “It adds insult to injury when, as alleged here, the leaks come from former government officials in whom Americans placed their sacred trust. The National Security Division, alongside our partners in the Intelligence Community, will not waver in our commitment to pursue and hold accountable these officials, and I commend all those at the Department of Justice and the FBI who have worked diligently to investigate this matter and bring these charges.”

"Joshua Schulte, a former employee of the CIA, allegedly used his access at the agency to transmit classified material to an outside organization,” said Manhattan U.S. Attorney Geoffrey S. Berman. “During the course of this investigation, federal agents also discovered alleged child pornography in Schulte’s New York City residence.  We and our law enforcement partners are committed to protecting national security information and ensuring that those trusted to handle it honor their important responsibilities.  Unlawful disclosure of classified intelligence can pose a grave threat to our national security, potentially endangering the safety of Americans.”

“As alleged, Schulte utterly betrayed this nation and downright violated his victims. As an employee of the CIA, Schulte took an oath to protect this country, but he blatantly endangered it by the transmission of Classified Information.” said Assistant Director-in-Charge William F. Sweeney, Jr. “To further endanger those around him, Schulte allegedly received, possessed, and transmitted thousands of child pornographic photos and videos. In an effort to protect this nation against crimes such as these, the FBI's Counterintelligence Division in New York will continue to keep our mission at the forefront of our investigations in protecting the American public."

According to the Indictment, other court filings, and statements made during court proceedings: On March 7, 2017, Organization-1 released on the Internet classified national defense material belonging to the CIA (the “Classified Information”).  In 2016, Schulte, who was then employed by the CIA, stole the Classified Information from a computer network at the CIA and later transmitted it to Organization-1.  Schulte also intentionally caused damage without authorization to a CIA computer system by granting himself unauthorized access to the system, deleting records of his activities, and denying others access to the system.  Schulte subsequently made material false statements to FBI agents concerning his conduct at the CIA. 

Schulte was previously arrested on August 24, 2017, on charges relating to his receipt, possession, and transportation of approximately ten thousand images and videos of child pornography.  In March 2017, members of the FBI had searched Schulte’s residence in New York, New York, pursuant to a search warrant and recovered, among other things, multiple computers, servers, and other portable electronic storage devices, including Schulte’s personal desktop computer (the “Personal Computer”).  On the Personal Computer, FBI agents found an encrypted container (the “Encrypted Container”), which held over 10,000 images and videos of child pornography.  The Encrypted Container with the child pornography files was identified by FBI computer scientists beneath three layers of password protection on the Personal Computer.  Each layer, including the Encrypted Container, was unlocked using passwords previously used by Schulte on one of his cellphones.  Moreover, FBI agents identified Internet chat logs in which Schulte and others discussed their receipt and distribution of child pornography.  FBI agents also identified a series of Google searches conducted by Schulte in which he searched the Internet for child pornography.

Schulte, 29, of New York, New York, is charged with one count each of (i) illegal gathering of national defense information, (ii) illegal transmission of lawfully possessed national defense information, (iii) illegal transmission of unlawfully possessed national defense information, (iv) unauthorized access to a computer to obtain classified information, (v) theft of Government property, (vi) unauthorized access of a computer to obtain information from a Department or Agency of the United States, (vii) causing transmission of a harmful computer program, information, code, or command, (viii) making material false statements to representatives of the FBI, (ix) obstruction of justice, (x) receipt of child pornography, (xi) possession of child pornography, (xii) transportation of child pornography, and (xiii) copyright infringement.  A chart containing the charges and maximum penalties is below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Berman praised the outstanding investigative efforts of the FBI. 

The prosecution of this case is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Sidhardha Kamaraju and Matthew Laroche are in charge of the prosecution, with assistance from Trial Attorney Scott McCulloch of the National Security Division’s Counterintelligence and Export Control Section.

A Houston, Texas man was sentenced today to 58 months in prison for his role in a money laundering conspiracy, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Ryan K. Patrick for the Southern District of Texas.

According to documents and information provided to the court, Marcus T. Weathersby conspired with others to facilitate the fraudulent sale of second-hand prescription medications to a Utah-based wholesale distributor.  This scheme involved purchasing bottles of prescription medications from illegitimate sources and then selling the medications to another wholesale distributor who then sold them to pharmacies as new.  Federal regulation requires wholesale distributors of prescription medications to provide to a buyer a pedigree – a written statement identifying each prior sale, purchase, or trade of the drugs being sold that includes the business name and information of all parties to the prior transactions, starting with the manufacturer.

Weathersby, in approximately December 2010, established Acacia Pharma Distributors Inc. (Acacia), a Mississippi corporation.  Nearly eight months later, Weathersby directed another individual to incorporate Four Corner Suppliers Inc. (Four Corner) in Mississippi.  Acacia and Four Corner purported to be legitimate wholesale distributors of pharmaceuticals licensed and operating in Mississippi, however, in reality Weathersby and others used these corporations to facilitate the illegal sale of second-hand prescription drugs.

Weathersby also opened and caused others to open bank accounts in the names of Acacia and Four Corner.  Between February 2011 and July 2012, Weathersby withdrew and led others to withdraw over $2.9 million in cash from these bank accounts and to structure these cash withdrawals in amounts under $10,000 in order to prevent the banks from complying with their legal obligation to prepare currency transaction reports for each cash transaction over $10,000.

In addition to the term of imprisonment, U.S. District Court Chief Judge Lee H. Rosenthal ordered Weathersby to serve three years of supervised release, and imposed a money judgment against the defendant in the amount of $2,991,867.76, which will be applied as criminal restitution.

Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Patrick thanked special agents of IRS-Criminal Investigation, the Federal Bureau of Investigation, and the Department of Health and Human Services, who conducted the investigation, and Trial Attorneys Sean Beaty and Terri-Lei O’Malley 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.

The National Telecommunications and Information Administration (NTIA) has posted a report detailing its findings from the Jan. 17, 2018 test of micro-jamming technology conducted at the Federal Correctional Institution at Cumberland, Maryland. 

Data from the test show that the micro-jammer’s signal disrupted commercial wireless signals inside the prison cell, which meant that if cellphones were operating inside the cell, they would have been rendered inoperable.  At 20 ft. and 100 ft. outside the cell, however, the micro-jammer signals did not disrupt the commercial wireless signals. 

Department officials present during the January 17, 2018, test reported that while their cellphone signals were blocked inside the cell, their cellphones were operable when standing several feet from the cell’s window.

“These promising test results mark a step forward countering the security threat posed by contraband cellphones,” said Assistant Attorney General Beth Williams of the Justice Department’s Office of Legal Policy.  “The results indicate the potential for localized impact of this micro-jamming technology.  That is an encouraging sign that brings us closer to a solution that will make our communities safer and help prevent the continuation of criminal activity from inside prison walls.”

The data in the report will be used by BOP and the Department to understand the efficacy of micro-jamming, conduct further evaluation of jamming technology, and develop recommendations for strategic planning.   

Contraband cellphones have been an ongoing correctional security and public safety concern for the BOP as well as for state and local correctional institutions.  Across the country, contraband cellphones have been used by inmates to direct gang activity, run criminal enterprises, distribute child pornography, intimidate witnesses, and facilitate the commission of violent crimes.  “This test is just one part of our ongoing efforts to disrupt and disable dangerous contraband cellphones in federal and state prisons,” said Assistant Attorney General Williams.

The BOP will continue to evaluate cellphone detection and interdiction technologies and work with its federal partners and Congress to achieve cost-effective options to combat this threat to corrections and public safety.  The agency does not endorse any specific vendor or product.

NTIA’s full report is available at:  https://www.its.bldrdoc.gov/publications/3206.aspx

A federal grand jury sitting in the District of Massachusetts has returned an indictment, which was unsealed today, charging the owner of a chiropractic business with tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. 

According to the indictment, Richard Rogers, a Massachusetts chiropractor, operated a chiropractic practice from his house.  Rogers was charged with evading his taxes from 2012 through 2016 by concealing his income using a variety of methods, including using a nominee bank account to negotiate payments received by check, paying creditors using postal money orders, and using credit card accounts opened with a fictitious social security number.  Rogers is also alleged to have concealed the ownership of his residence by titling the property in the name of a trust.  Rogers allegedly did not file federal tax returns from at least 2008 through 2016, despite his obligation to do so.

If convicted, Rogers faces a statutory maximum sentence of five years in prison on each count of tax evasion.  Roger also faces three years of supervised release and monetary penalties.  An indictment is an accusation.  A defendant is presumed innocent until proven guilty.

Principal Deputy Assistant Attorney General Zuckerman thanked special agents of the office of IRS Criminal Investigation, who conducted the investigation, and Assistant Chief John N. Kane and Trial Attorney Carl F. Brooker of the Tax Division, who are prosecuting the case.

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

The United States Department of Justice (DOJ) and United States Department of Agriculture (USDA) are forming a working group to focus on ways to empower and to support rural and tribal communities to combat elder abuse and financial exploitation.  Today on World Elder Abuse Awareness Day, we collaboratively embark on a mission to work with older Americans in this Nation to improve their quality of life as envisioned by the Report to the President from the Task Force on Agriculture and Rural Prosperity.

The Nation’s seniors are treasured and revered members of our communities.  Too often, however, seniors are targeted by unscrupulous criminals for fraud or are subjected to abuse.  Factors more common in rural and tribal communities--including large geographic areas that elongate response time, fewer services and service providers, and limited access to broadband-- create additional challenges to identifying and combatting elder fraud and abuse in rural and tribal communities.

DOJ and USDA resolve to marshal our collective resources and expertise to enable rural and tribal communities to more effectively combat elder abuse and financial exploitation.  We are forming a working group to develop recommendations and will jointly present strategic action steps in November 2018 at the Department of Justice’s Rural Elder Justice Summit in Des Moines, Iowa.

          On June 14, 2018, the Employer Support of the Guard and Reserve (ESGR) presented its Most Supportive Employer Award to the United States Attorney’s Office for the Districts of Guam and the Northern Mariana Islands.  United States Attorney Shawn N. Anderson accepted the award on behalf of the office.  EGSR is a Department of Defense program that promotes cooperation and understanding between Reserve Component Service members and their civilian employers.  Awards were given to businesses and government entities in Guam and the CNMI based on their support for members of the National Guard and Reserve.

          U.S. Attorney Anderson stated, “It is an honor to receive this award from ESGR.  For those who have served and currently serve in the armed forces, thank you for your continued commitment to the United States at the Department of Justice.  I also thank our employees who attempt to fill the void while service members are on duty, deployed, or at training.”

SACRAMENTO, Calif. — A federal grand jury returned a five-count indictment today against Derek Hillgert, 29, of Carmichael, and Jeffrey Wilhite, 30, of Linden, charging them with access device fraud, aggravated identity theft, and possession of stolen mail, U.S. Attorney McGregor W. Scott announced.

According to the indictment, the defendants possessed stolen United States mail and also used personal identifying information for victims to obtain things of value in excess of $40,000 in Sacramento, Stanislaus and San Joaquin Counties.

This case is the product of an investigation by the U.S. Postal Inspection Service and the Tracy Police Department. Assistant U.S. Attorney Miriam R. Hinman is prosecuting the case.

If convicted, both defendants face a maximum statutory penalty of five years in prison and a $250,000 fine for possession of stolen mail. Each count of access device fraud carries a maximum statutory penalty of 10 years in prison and a $250,000 fine. If convicted of aggravated identity theft, each defendant faces a mandatory consecutive term of two years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

Defendant financially benefited from co-defendant’s use of debts, fraud, threats of financial and reputational harm, and other means to compel victims to work at restaurants

Tanya Jumroon, also known as Thunyarax Phatanakit Jumroon, 59, of Beaverton, Oregon, and a naturalized citizen originally from Thailand, pleaded guilty today in a U.S. District Court in Portland, Oregon, to financially benefitting from forced labor, visa fraud conspiracy, and filing a false federal income tax return, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Billy J. Williams of the District of Oregon, Special Agent in Charge Renn Cannon of the FBI in Oregon, and Special Agent in Charge Darrell Waldon of Internal Revenue Service (IRS) Criminal Investigation’s Seattle Field Office. Jumroon waived indictment by a federal grand jury and pleaded guilty to an information filed by the United States Attorney’s Office and the Civil Rights Division.

According to the defendant’s plea agreement, admissions in court, and other court documents, between 2011 and 2014, the defendant, her then-husband, Paul Jumroon, and other associates fraudulently obtained E-2 visas to bring Thai nationals into the United States to provide cheap labor at two restaurants located in Lake Oswego, Oregon, and Ridgefield, Washington. The restaurants were owned and operated by the defendant and Jumroon at the time, but have since been sold and are under new ownership.

Paul Jumroon used the fraudulently obtained E-2 visas to entice four forced labor victims to come to the United States from Thailand. After the victims arrived, Jumroon used inflated travel expenses, debt manipulation, threats of deportation, serious financial and reputational harm, verbal abuse, and control over identification documents, among other means, to compel them to work 12 hours a day, six to seven days a week, for minimal pay at the restaurants he co-owned and operated with the defendant. The defendant witnessed Paul Jumroon’s mistreatment of two of the victims, and she benefitted financially from the victims’ forced labor at the restaurants. As part of the defendant’s guilty plea, she agreed to pay the four victims a combined $131,391.95 in restitution for their unpaid labor in connection with the forced labor scheme.

The defendant further admitted to filing multiple false tax returns with the IRS by failing to report cash income earned from the restaurants between 2012 and 2015. As part of the plea agreement, the defendant agreed to pay tax due and owing in the amount of $120,384 to the IRS.

“The Justice Department remains committed to combatting human trafficking, holding those who choose to exploit vulnerable individuals accountable, punishing those who profit from these crimes, and securing restitution for exploited victims” said Acting Assistant Attorney General Gore of the Civil Rights Division. “Today’s guilty plea exemplifies the hard work of the Civil Rights Division, in coordination with the U.S. Attorney’s Office, to honor that commitment.”

“Human trafficking schemes are seldom carried out by a single person. Tanya Jumroon profited off of her then-husband’s actions while turning a blind eye,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “In too many of these cases, we later learn that someone close by could have taken action to stop the abuse and intimidation of others and did not. I implore all Oregonians to remain vigilant and watch for the signs of human trafficking in their communities. Your attention and perceptiveness could help a victim in need.”

"These victims believed the Jumroons were offering them a chance at a better life. When they arrived in the U.S., however, they faced false promises, forced labor and abuse. Victims such as these often live in the shadows and find it difficult to get the help they need. We are grateful for the community members who were able to bring this case to our attention so we could work together to bring an end to the physical, psychological and financial exploitation," said Renn Cannon, Special Agent in Charge of the FBI in Oregon.

“Forced labor schemes, such as the one employed by the Jumroons, are deplorable crimes that have no place in today’s society,” said Darrell Waldon, Special Agent in Charge of IRS Criminal Investigation’s Seattle Field Office. “Falsely reporting income and expenses associated with such schemes will continue to be vigorously investigated by IRS-CI Special Agents.”

The defendant faces a maximum of 20 years in prison for financially benefitting from forced labor, five years in prison for visa fraud conspiracy, and three years in prison for filing a false tax return. Her sentencing is scheduled for Oct. 24 before United States District Judge Anna J. Brown. 

Co-defendant Paul Jumroon previously pleaded guilty on Feb. 14 to forced labor, visa fraud conspiracy, and filing a false federal income tax return. His sentencing is scheduled for Oct. 18, also before Judge Brown.

Attorney General Sessions issued a proclamation on January 31 commemorating January as National Slavery and Human Trafficking Prevention Month.

The District of Oregon is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team (ACTeam), through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.

This prosecution is the result of the joint investigation by the Federal Bureau of Investigation, Homeland Security Investigations, Internal Revenue Service Criminal Investigation and Department of State’s Diplomatic Security Service, with assistance from the Department of Labor’s Wage and Hour Division and Portland Police Bureau. The case is being prosecuted by Assistant U.S. Attorneys Hannah Horsley and Scott Bradford of the District of Oregon, and Lindsey Roberson of the Civil Rights Division’s Human Trafficking Prosecution Unit. 

A former Colorado home healthcare business owner was sentenced to 24 months in prison for tax evasion, 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, Michelle Medina owned and operated RHHS Inc., also doing business as Reliable Home Health Services Inc., which provided home healthcare services in Colorado.  From 2008 through 2011, Medina concealed hundreds of thousands of dollars in personal income by having RHHS Inc. directly pay her personal expenses.  Medina did not inform her tax return preparer of this additional income and filed false individual income tax returns underreporting her income.  Medina’s actions caused a tax loss of between $550,000 and $1.5 million.

In addition to the term of imprisonment, U.S. District Court Judge Philip A. Brimmer ordered Medina to serve three years of supervised release and to pay restitution to the Internal Revenue Service in the amount of $841,327.00.

Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Trial Attorney Kathleen M. Barry of the Tax Division, who prosecuted the case.

A Wisconsin man was charged in an indictment yesterday with the crimes of producing and possessing child pornography and engaging in illicit sexual conduct in a foreign place, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and U.S. Attorney Matthew D. Krueger of the Eastern District of Wisconsin.

Jeffrey H. Ernisse, 61, is currently incarcerated for state offenses related to child exploitation at the Red Granite Correctional Institution in Wisconsin.  A grand jury in the U.S. District Court for the Eastern District of Wisconsin indicted Ernisse on two counts of producing child pornography, two counts of producing child pornography outside of the United States, one count of engaging in illicit sexual conduct with a minor in the Philippines and one count of possessing child pornography.

According to the indictment, on or about March 10, 2015 and then again, on or about April 7, 2015, Ernisse used a minor to engage in sexually explicit conduct for the purpose of producing child pornography.  Between approximately June 17, 2014, and approximately April 11, 2015, Ernisse engaged in illicit sexual conduct with a minor in the Republic of the Philippines.  And on or about Dec. 18, 2015, Ernisse possessed child pornography.

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

U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) is investigating this case with the cooperation of the Sheboygan, Wisconsin, Police Department.  Trial Attorney William M. Grady of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Megan J. Paulson and Penelope L. Coblentz of the Eastern District of Wisconsin are prosecuting the case.

This investigation is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A federal grand jury returned an indictment yesterday against an Aliquippa, Pennsylvania husband and wife charging them with conspiracy to defraud the United States and tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Scott W. Brady for the Western District of Pennsylvania.

According to the indictment, from 2005 to 2016, William and Danielle Rains engaged in a scheme to evade the payment of William Rains’s federal income taxes.  The Rainses allegedly used nominees and multiple bank accounts, and filed false forms with the Internal Revenue Service to conceal William Rains’s income and assets from the IRS.

The indictment further alleges that William Rains failed to file individual income tax returns for tax years 1997, 1999, 2003, 2004, 2005, and 2006 despite earning taxable income in those years, and allegedly filed false 2000 and 2001 returns that reported zero income. The indictment also charges that for these years as well as 2008, William Rains has been assessed over $200,000 in taxes by the IRS.  

If convicted, William and Danielle Rains each face up to 10 years in prison, a term 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 Brady thanked the special agents of IRS-Criminal Investigation who investigated the case, and Trial Attorneys Shawn Noud and Christopher O’Donnell of the Tax Division, who are prosecuting the case.

WASHINGTON – On June 12, 2018, Thomas Ressler, 66, of Whitehall, Montana, was sentenced by the U.S. District Court in Helena to serve 36 months in prison for designing dozens of fraudulent solicitations used in an international mail-fraud scheme.  On February 22, 2018, Ressler pleaded guilty to conspiracy to commit mail fraud. 

“This defendant used his artistic abilities to advance a scheme that defrauded thousands of elderly victims,” said Acting Assistant Attorney General Chad Readler, head of the Justice Department’s Civil Division.  “The Department of Justice will continue to hold accountable those who knowingly facilitate fraud against America’s seniors.” 

Ressler created more than 200 fraudulent sweepstakes and prize-notification letters that falsely informed recipients they could claim cash or other valuable prizes by submitting a processing or delivery fee.  The letters appeared to come from official-sounding but fictitious entities with names like Cash Payout Disbursement Advisors, Progressive Winners Guarantors, and Vehicle Transport Company.  Many of the letters included the name and signature of a purported officer or representative of the fictitious entity.   

Ressler’s co-conspirators, Ryan Young and Ercan Barka, used the solicitations Ressler created to perpetrate their large-scale scheme, sending Ressler’s designed solicitations to victims throughout the United States and numerous foreign countries.  Although the solicitations appeared personally directed to each recipient, Barka and Young actually sent them to thousands of recipients identified on mailing lists bought from list brokers and corporate entities.  No victim who submitted a fee in response to a solicitation ever received the large cash prize or other valuable items touted in the solicitations.  At most, some victims received a report listing unrelated sweepstakes or a worthless piece of jewelry.

Ercan Barka and Ryan Young previously pleaded guilty in the Eastern District of New York to conspiracy to commit mail fraud.  They are awaiting sentencing.

The United States Postal Inspection Service investigated this case.   Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch is prosecuting it. 

For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch. 

The Justice Department today announced that it has reached an agreement with Eau Claire County Circuit Court to resolve a complaint it received from the Eau Claire Area Hmong Mutual Assistance Association alleging that Eau Claire County Circuit Court failed to provide appropriate language assistance services to limited English proficient (LEP) court users. Specifically, the complaint alleged that the court required individuals seeking a divorce to attend the “Families in Transition” class, but the class was only available in English.

The Department began working with Eau Claire County Circuit Court in September 2017, when the complainant filed its complaint alleging that the barriers to divorce proceedings based on language proficiency violated the prohibition against national origin discrimination in Title VI of the Civil Rights Act of 1964 (Title VI).  Title VI requires recipients of federal financial assistance, such as courts, to provide meaningful language services to LEP individuals in all court proceedings and operations. 

The resolution agreement between the Department and Eau Claire County Circuit Court outlines actions that the court has begun to take to respond to concerns raised during the federal review and the efforts the court will continue to take to ensure the ongoing provision of comprehensive language assistance for the “Families in Transition” class.  The actions include, among other things, a translated notice of options available to all LEP court users required to attend the “Families in Transition” class, community engagement, and training for court staff who interact with LEP court users.    

“We commend the Eau Claire County Circuit Court for its commitment to guaranteeing meaningful access to the courts for all, regardless of national origin,” said Acting Assistant Attorney General John Gore.  “This collaboration between the Justice Department and Eau Claire County Circuit Court will strengthen the Court’s ability to provide equal access to the judicial process.”

The complaint was resolved as part of the Civil Rights Division, Federal Coordination and Compliance Section’s (FCS) efforts to ensure that state courts comply with Title VI’s language access requirements.  No LEP individual should be denied justice because a court fails to provide language services.  The FCS courts team provides policy guidance and technical assistance to state court systems and undertakes enforcement actions across the country.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con el Tribunal de Circuito del Condado de Eau Claire para resolver una denuncia que había recibido de la Asociación Hmong para Asistencia Mutua de la Zona de Eau Claire que alegó que el Tribunal de Circuito del Condado de Eau Claire no brindó los servicios apropiados de apoyo lingüístico a usuarios del tribunal con un dominio limitado del inglés (LEP, por sus siglas en inglés). En concreto, la denuncia alegó que el tribunal requería que personas que querían divorciarse asistieran a una clase que se llama «Familias en Transición», pero la clase solo estaba disponible en inglés.

El Departamento comenzó a trabajar con el Tribunal de Circuito del Condado de Eau Claire en septiembre del 2017, cuando el denunciante presentó su denuncia alegando que los obstáculos existentes en los procedimientos de divorcio con base en el dominio lingüístico vulneran la prohibición contra la discriminación por motivos de nacionalidad de origen contenida en el Título VI de la ley de Derechos Civiles de 1964 (el Título VI). El Título VI requiere que recipientes de fondos federales, tales como las cortes, ofrezcan servicios lingüísticos significativos a individuos LEP en todos los procedimientos y operaciones del tribunal.

El acuerdo entre el Departamento y el Tribunal de Circuito del Condado de Eau Claire describe las acciones que el tribunal ha comenzado a tomar para responder a las preocupaciones planteadas durante la revisión federal, así como los esfuerzos actuales y futuros del tribunal por garantizar la provisión continua de apoyo lingüístico integral para la clase de «Familias en Transición», la participación comunitaria y la capacitación del personal del tribunal que interactúe con usuarios del tribunal que son LEP.

«Felicitamos al Tribunal de Circuito del Condado de Eau Claire por su compromiso a garantizar el acceso significativo en los tribunales para todos, independiente de su nacionalidad de origen», declaró el Fiscal General Auxiliar en funciones, John Gore. «Esta colaboración entre el Departamento de Justicia y el Tribunal de Circuito del Condado de Eau Claire mejorará la capacidad del Tribunal por ofrecer la igualdad de acceso durante el proceso judicial completo».

Esta denuncia se resolvió como parte de los esfuerzos de la Sección Federal de Coordinación y Cumplimiento (FCS) de la División de Derechos Civiles por asegurar que los tribunales estatales cumplan con los requisitos para el acceso lingüístico del Título VI. Ningún individuo LEP debe ser denegado el acceso a la justicia porque un tribunal no proporciona servicios lingüísticos. El equipo de la FCS para los tribunales proporciona una orientación política y apoyo técnico a los sistemas de tribunales estatales y se encarga de acciones de aplicación de la ley por todo el país.

Enlace al acuerdo (en inglés)

A Department of Justice official released the following statement at the conclusion of Deputy Attorney General Rod Rosenstein’s trip to Canada, where he met with senior government officials from the Quebec Provincial Prosecutor’s Office, the Canadian Department of Justice, the Canadian Ministry of Public Safety, and the Public Prosecution Service of Canada, as well as representatives of the Department of State and several U.S. law enforcement agencies.

"Deputy Attorney General Rosenstein held productive meetings with Canadian law enforcement officials in Montreal and Ottawa. He met with Deputy Minister of Public Safety Malcolm Brown and Canadian Department of Justice Associate Deputy Minister Francois Daigle and their respective teams, as well as officials from the Quebec Provincial Prosecutor’s Office and the Public Prosecution Service of Canada. He thanked them for their critical partnership in the fight against transnational criminal organizations and cyber criminals, and discussed ways to further limit the flow of illegal drugs and firearms across our borders. Deputy Attorney General Rosenstein emphasized the Trump Administration’s commitment to sharing information about terrorists and other criminals, to cutting red tape and reducing inefficient bureaucratic processes, and to fighting against threats to the safety and security of all Americans and Canadians.

“The Deputy Attorney General also met with U.S. Ambassador Kelly Craft, with officials of the U.S. Consulate in Montreal and the U.S. Embassy in Ottawa, and with Canada-based representatives of U.S. law enforcement agencies, including ATF, DEA, FBI, IRS, ICE-HSI, and Customs & Border Protection. Finally, Deputy Attorney General Rosenstein visited the Canadian Parliament, where he had the pleasure of meeting the Senate Speaker, several Senators, and their staffs, and attending sessions of the Canadian Senate and House. He also spoke at the International Economic Forum in Montreal. He appreciated the hospitality extended in Montreal and Ottawa and looks forward to continued close cross-border collaboration with our Canadian law enforcement partners.”

The Department of Justice today announced the “Place to Worship Initiative,” which will focus on protecting the ability of houses of worship and other religious institutions to build, expand, buy, or rent facilities—as provided by the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA).

In announcing the initiative, Attorney General Sessions provided the following statement:

“The Constitution doesn't just protect freedom to worship in private—it protects the public exercise of religious belief, including where people worship together," Attorney General Sessions said. "Under the laws of this country, government cannot discriminate against people based on their religion--not in law enforcement, not in grant-making, not in hiring, and not in local zoning laws. President Trump is an unwavering defender of the right of free exercise, and under his leadership, the Department of Justice is standing up for the rights of all Americans. By raising awareness about our legal rights, the Place to Worship Initiative will help us bring more civil rights cases, win more cases, and prevent discrimination from happening in the first place."

The Department will work with the United States Attorney’s Offices to strengthen awareness of the land use provisions of RLUIPA by: hosting community outreach events across the country, educating municipal officials and religious organizations about RLUIPA’s requirements, and providing additional training and resources for federal prosecutors. The first community outreach event under the initiative will be held on June 25, in Newark, New Jersey, led by the U.S. Attorney’s Office for the District of New Jersey.  The Department today is also launching a new web page, including an information page and easily accessible complaint portal, a new Q and A document on RLUIPA, and other materials. In addition, the Department has created a new RLUIPA tool kit for Department lawyers working on RLUIPA cases, and is holding a webinar on June 26 for providing training and resources for U.S. Attorney’s offices.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. Specifically, RLUIPA bars land use regulations that impose a substantial burden on religious exercise without a compelling justification, requires governments to treat houses of worship as favorably as nonreligious assemblies, and bars governments from discriminating among religions and from totally or unreasonably excluding houses of worship.

The Justice Department also announced today that it brought a RLUIPA complaint against the Borough of Woodcliff Lake and the Woodcliff Lake Zoning Board of Adjustment in New Jersey.

Persons who believe their rights under RLUIPA have been violated may contact the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339 or the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743.

More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/rluipa.

          SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that he and Assistant U.S. Attorney Belinda Alcantara, Elder Justice Coordinator, were guest speakers at the “2018 Enhancing Judicial Skills in Elder Abuse Cases Workshop,” organized by Guam Supreme Court Justice F. Philip Carbullido, Chairperson of the Pacific Judicial Council Education Committee.  U.S. Attorney Anderson and AUSA Alcantara spoke about the DOJ Elder Justice Program, elder abuse, neglect, and financial exploitation, and resources available on the DOJ webpage elderjustice.gov.  The workshop, held at the Hilton Guam Resort & Spa on June 4-6, 2018, was attended by judges from Guam, our neighboring islands of Saipan, Rota, Tinian, Pohnpei, Chuuk, American Samoa, and Palau, law enforcement and community stakeholders.  Presenters at the workshop also included speakers from the National Judicial Institute on Domestic Violence, which included judges and speakers from North Carolina, Washington, the District of Columbia, Minnesota, and Nevada.

          The Elder Justice Program stems from the DOJ Elder Justice Initiative (EJI) to prevent and combat financial fraud and scams that target seniors, elder abuse, and neglect.  The mission of the EJI is to strengthen awareness about elder abuse and financial exploitation through education, build law enforcement capacity to respond to elder justice issues, and facilitate prosecution efforts to make our community safer for all.

Some examples of the elder financial exploitation prosecuted by DOJ:

•  “Lottery phone scams,” in which callers convince seniors that a large fee or taxes be paid before one can receive lottery winnings;

•  “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming those victims owe back taxes;

•  “Inheritance or business opportunity scams,” which lure victims to believe that a business opportunity or inheritance awaits them, deceiving them to part with monies or carry an innocuous “gift or package” on an airline which turns out to be contraband;        

•  “Tech support scams” in which telemarketers convince seniors to give remote access to their personal computers or pay for software not needed;

•  “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.

          Many of these cases illustrate how an elderly American can lose his or her life savings to a relative, guardian, or stranger who gains the victim’s trust.  The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department of Justice priority.

          The U.S. Attorney’s Office in Guam and the NMI will be conducting outreach to various senior citizens centers in Guam and the NMI.   Anyone interested in learning more about the program can log on to https://www.justice.gov/elderjustice.

USA Shawn N. Anderson at Pacific Judicial Council Workshop

USA Anderson and AUSA Belinda Alcantara sharing on DOJ’s Elder Justice Program Initiative

The Justice Department today announced that David H. Howard, 59, of Tampa, Florida, was sentenced by United States District Court Judge Mary S. Scriven of the Middle District of Florida to serve eight months in prison, followed by two years of supervised release, and required to pay $30,000 in restitution. Howard pleaded guilty to a felony civil rights violation on Feb. 27, after he intimidated and interfered with a family who sought to purchase a home in the Davis Islands neighborhood of Tampa, Florida, by threatening to burn down the home simply because it was being purchased by a Muslim family. 

According to court documents, on Nov. 3, 2016, a Muslim man, identified as K.A., and his wife were conducting the final walk-through of a home they had placed under contract.  As K.A. arrived for the final walk-through, the defendant approached K.A. and the seller identified as H.D., and the accompanying realtors, and yelled, “This sale will not take place!”  Howard threatened to burn the house down, and told K.A., “You are not welcome here!” K.A. and his wife hurried away from the house and cancelled the closing of the home purchase that was scheduled to take place the next day. In the days that followed, Howard retold his version of the incident to neighbors, making insulting remarks about Muslims.

“This Justice Department will not stand by when individuals use violence and intimidation to deny fair housing rights,” said Acting Assistant Attorney General John Gore. “The Civil Rights Division will continue to prosecute crimes like this one that deprive families of a safe place to live.”  

“Today’s sentence should send a clear message that we will vigorously uphold our nation’s civil rights laws,” said United States Attorney Maria Chapa Lopez. “Crimes perpetrated against people because of who they are or what they believe simply cannot be tolerated.”

“The FBI’s mission is to protect the American people and uphold the laws of the United States, and that’s what we did in this case. We will not allow hate motivated crimes to infiltrate our communities and threaten our citizens,” said Special Agent in Charge of the FBI Tampa Division, Eric W. Sporre.

This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Josephine W. Thomas of the Middle District of Florida and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.

The Department of Justice today announced the arrest of more than 2,300 suspected online child sex offenders during a three-month, nationwide, operation conducted by Internet Crimes Against Children (ICAC) task forces. The task forces identified 195 offenders who either produced child pornography or committed child sexual abuse, and 383 children who suffered recent, ongoing, or historical sexual abuse or production of child pornography.

The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of March, April, and May 2018.  During the course of the operation, the task forces investigated more than 25,200 complaints of technology-facilitated crimes against children and delivered more than 3,700 presentations on Internet safety to over 390,000 youth and adults.   

"No child should ever have to endure sexual abuse," Attorney General Jeff Sessions said. "And yet, in recent years, certain forms of modern technology have facilitated the spread of child pornography and created greater incentives for its production. We at the Department of Justice are determined to strike back against these repugnant crimes. It is shocking and very sad that in this one operation, we have arrested more than 2,300 alleged child predators and investigated some 25,200 sexual abuse complaints. Any would-be criminal should be warned: this Department will remain relentless in hunting down those who victimize our children."

The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.

The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP).  In 1998, OJJDP launched the ICAC Task Force Program to help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communication systems or computer technology to exploit children. To date, ICAC Task Forces have reviewed more than 775,000 complaints of child exploitation, which resulted in the arrest of more than 83,000 individuals. In addition, since the ICAC program's inception, more than 629,400 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.

For more information, visit the ICAC Task Force webpage at: https://www.icactaskforce.org/. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders are available online at: https://www.icactaskforce.org/Pages/ContactsTaskForce.aspx.

A tax return preparer in Avondale, Louisiana prepares fraudulent tax returns for her customers and files false tax returns using taxpayers’ identifying information without their knowledge or authorization, according to a civil lawsuit filed by the Justice Department today. The suit, filed in federal court in New Orleans, asks the court to permanently bar Adrienne Robinson Thomas (doing business as AT Tax Services) from preparing federal tax returns for others.

The complaint alleges that Thomas unlawfully understates her customers’ income tax liabilities and overstates these customers’ refunds. According to the complaint, Thomas unlawfully prepares federal tax returns that lower her customers’ federal tax liabilities by claiming bogus earned income tax credits, bogus child tax credits, false education credits, and fabricated household employee income and withholdings. The government alleges Thomas also files wholly fabricated tax returns using the identifying information of taxpayers who did not hire her to prepare their federal income tax returns.  

Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2018 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips 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 with details.