District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Justice Department Honors Delaware Victim AdvocateRead the Press Release
The Department of Justice today recognized Debra McCall Reed with the National Crime Victim Service Award during the annual National Crime Victims’ Service Awards ceremony in Washington, D.C.
“Our criminal justice system should be responsive to the needs of every victim of crime,” said Attorney General Sessions. “This week, we celebrate and thank those who ensure that it is, including victim advocates like Debra Reed. For more than 30 years, she has helped victims in the aftermath of traumatic experiences like sexual assault, domestic violence, and human trafficking. Victims throughout Delaware have benefited from her energy and expertise, and I want to thank her for tireless service on their behalf.”
Reed began working with victims of crime 30 years ago as a child abuse investigator for Delaware’s Division of Family Services. In 1990, she was selected by the Delaware State Police to develop the Delaware Victim Center. Five years later, she was promoted to Director, a position that she still holds.
Reed has been instrumental in developing the Delaware Victim Center’s services related to sexual assault, domestic violence, human trafficking, and sudden death. As victims’ needs have changed through the years, she has responded with new and unique programs, including an emergency financial assistance program to assist crime victims with immediate needs such as housing, medical costs, and counseling.
"Ms. Reed’s dedication to the Delaware State Police’s Delaware Victim Center is making Delaware a better place for those who tragically become victims of crime,” said Director of the Office for Victims of Crime Darlene Hutchinson. “The Department of Justice is proud to honor her for her remarkable contributions and for her commitment to justice for all individuals victimized by crime.”
During today’s ceremony, the Justice Department recognized a dozen individuals and organizations for their outstanding efforts on behalf of victims of crime. Awardees were selected from public nominations in ten categories.
Each year in April, the Department of Justice observes National Crime Victims’ Rights Week by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorney’s Offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s observance takes place April 8-14, with the theme Expand the Circle: Reach All Victims.
The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.
The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/.Justice Department Honors Asset Forfeiture Program Team with the Crimes Victims’ Financial Restoration AwardRead the Press Release
Today, the Department of Justice recognized the Criminal Division’s Program Management and Training Unit within the Money Laundering and Asset Recovery Section with the Crime Victims’ Financial Restoration Award. The award goes to teams that have instituted innovative approaches for securing financial restoration for crime victims. The organization was honored during the annual National Crime Victims’ Service Awards ceremony in Washington, D.C.
“Civil asset forfeiture is a key tool that helps us defund organized crime, weaken criminals and cartels, and provide relief to victims,” said Attorney General Sessions. “The women and men of the Department of Justice’s Money Laundering and Asset Recovery Section play a central role in finding and restoring forfeited funds to crime victims. Just this week, they helped distribute an additional $500 million to victims of the Bernie Madoff financial scam, bringing the total to more than $1.2 billion. I applaud their efforts and appreciate all that they do for victims of crime.”
The Department of Justice’s Asset Forfeiture Program has returned over $5.1 billion in civilly and criminally forfeited funds to crime victims since 2002 through the Department’s Victim Compensation Program.
Over the past three years, the Money Laundering and Asset Recovery Section has returned over $1.3 billion in forfeited funds to crime victims. Most recently, the Unit oversaw a $772 million distribution to 24,000 victims of Bernard Madoff, the first in a series of payments that will eventually return over $4 billion to victims of the Madoff fraud. In 2016 the Unit began oversight and administration of the U.S. Victims of State Sponsored Terrorism Fund, established to compensate victims of international acts of terrorism. To date, the Fund has issued more than $1 billion to over 2,000 victims. These victims include the Iran hostages held from 1979 to 1981 and their spouses and children; victims of the embassy bombings in Kenya and Tanzania; and victims of the attack on the U.S.S. Cole.
“We cannot undo the damage that criminals like Bernie Madoff do to victims of crime, but distributions like yesterday’s provide significant relief to many of the victims of fraud,” said Director of the Office for Victims of Crime Darlene Hutchinson. “The Department of Justice is proud to honor this team for their remarkable contributions and for their commitment to justice for all individuals victimized by crime.”
During today’s ceremony, the Justice Department recognized a dozen individuals and organizations for their outstanding efforts on behalf of victims of crime. Awardees were selected from public nominations in ten categories.
Each year in April, the Department of Justice observes National Crime Victims’ Rights Week by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorney’s Offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s observance takes place April 8-14, with the theme Expand the Circle: Reach All Victims.
The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.
The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/.Justice Department Honors Arizona Detective; FBI Agent with Federal Service AwardRead the Press Release
Today, the Department of Justice recognized Detective Kevin Rivers of the Gila River Police Department and Special Agent Sherry C. Rice of the Federal Bureau of Investigation with the Federal Service Award during the annual National Crime Victims’ Service Awards ceremony in Washington, D.C. This honor is awarded to federal agency personnel whose work affects victims of federal, tribal, or military crimes or promotes victims’ rights and services nationally and internationally.
“Those of us in law enforcement are sworn to serve and protect,” said Attorney General Jeff Sessions. “Special Agent Sherry Rice and Detective Kevin Rivers have done just that. Through their hard work and dedication, they have brought closure and relief to girls in the Gila River Indian Community who have suffered at the hands of a suspected predator. I want to thank them for their courage and outstanding service in investigating this case and ensuring that justice was served.”
Rivers and Rice led the investigation into a child sex offender who was suspected of crimes in the Gila River Indian Community over the course of 30 years. Rivers’ and Rice’s leadership led to charges against the suspect for crimes related to sexual assault involving seven different victims.
“Detective Rivers and Special Agent Rice’s tireless leadership brought a dark and painful chapter in the Gila River Indian Community to an end,” said Director of the Office for Victims of Crime Darlene Hutchinson. “The Department of Justice is proud to honor them for their remarkable contributions and for their commitment to justice for all individuals victimized by crime.”
During today’s ceremony, the Justice Department recognized a dozen individuals and organizations for their outstanding efforts on behalf of victims of crime. Awardees were selected from public nominations in ten categories.
Each year in April, the Department of Justice observes National Crime Victims’ Rights Week by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorney’s Offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s observance takes place April 8-14, with the theme Expand the Circle: Reach All Victims.
The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.
The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/.Justice Department Announces Phil Keith as Director of the Office of Community Oriented Policing ServicesRead the Press Release
The Department of Justice today announced that Phil Keith will serve as the Director of Community Oriented Policing Services (COPS Office). The COPS Office is the division of the Justice Department responsible for advancing the practice of community policing by the nation's state, local, territorial, and tribal law enforcement agencies through information and grant resources.
Mr. Keith has more than 47 years of experience in the fields of criminal justice, public safety, and business administration. Thirty-four of those years were spent in active law enforcement service, including 17 years as Chief of Police of the Knoxville, Tennessee, Police Department.
In addition to his service as a law enforcement officer, Mr. Keith has significant policy and administrative experience, including working directly with the COPS Office. His experience in these areas include, but are not limited to service as:
- Commissioner, Tennessee Peace Officers Standard and Training Commission;
- Principal Project Director, Major Cities Chiefs Association;
- Member, Department of Justice COPS Office Law Enforcement Ethics Task Force; and
- Member, Department of Justice COPS Office National Community Policing Resource Board.
In these and other professional capacities, Mr. Keith has performed more than 150 organizational assessments and has authored more than 100 articles and technical reports.
Mr. Keith has been widely recognized and awarded for his commitment to public safety. Mr. Keith has been awarded two Director’s Choice Awards from the Tennessee Association of Chiefs of Police; honored by the American Society for Public Administration for Excellence in Public Service for Municipal Services; received the Law Enforcement Leadership Award given by the National Center for Missing and Exploited Children; and recognized by the Frederick Douglass Family Foundation in 2013 as the first recipient of the Human Rights Award for his leadership in fighting commercial sex trafficking.
“The Justice Department is committed to backing our state and local law enforcement partners—the men and women that serve on the front lines of the fight against violent crime, the opioid crisis, and criminal organizations,” said Attorney General Jeff Sessions. “For that reason, it is imperative that we have a leader in the COPS Office that understands this commitment and how the Office can work to fulfill it. Phil Keith’s experience is second-to-none, and I am confident he will be an effective leader for the COPS Office.”
Mr. Keith will be responsible for overseeing grant awards, innovative policing strategies, and training and technical assistance.
Mr. Keith is a graduate of East Tennessee State University, where he earned a Bachelor’s Degree in Criminal Justice and Business Administration, and from the University of Tennessee, where he earned a Master’s of Science. Chief Keith also served in the United States Army Reserves from 1968 to 1974.
Justice Department Announces Nationwide Initiative to Combat Sexual Harassment in HousingRead the Press Release
DALLAS — Today, as the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.
“Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. “It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home.”
“All discrimination stains the very fabric of our nation, but HUD is especially focused on protecting the right of everyone to feel safe and secure in their homes, free from unwanted sexual harassment,” said Secretary Ben Carson. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve. I look forward to working with Attorney General Sessions and the Department of Justice as part of this task force to bring an end to this type of discrimination.”
The Department is rolling out three major components to the Initiative.
First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.
Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s Offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.
Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s offices. The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment.
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to [email protected], or contact HUD at 1-800-669-9777. If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.
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Grand Jury Charges Pesticide Applicator for Applying Restricted-Use Pesticide to Residences in the U.S. Virgin IslandsRead the Press Release
Jose Rivera, 59, was indicted yesterday by a federal grand jury for violating the Federal Insecticide, Fungicide, and Rodenticide Act. According to the indictment, Rivera illegally applied fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, including the condominium resort complex in St. John, where a family of four fell seriously ill in March 2015, announced Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division and United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands.
The indictment alleges that Rivera knowingly applied restricted-use fumigants at the Sirenusa resort in St. John for the purpose of exterminating household pests on or about Oct. 20, 2014, and on or about March 18, 2015. The defendant was also charged with applying the restricted-use pesticide in eight residential units in St. Croix and one additional unit in St. Thomas between April 2013 and February 2015.
In 1984, EPA banned the indoor use of methyl bromide products. The few remaining uses are severely restricted. Pesticides containing methyl bromide in the U.S. are restricted-use due to their acute toxicity, meaning that they must only be applied by a certified applicator. Health effects of acute exposure to methyl bromide are serious and include central nervous system and respiratory system damage. Pesticides can be very toxic and it is critically important that they be used only as approved by EPA.
Earlier this year, TERMINIX LP and TERMINIX, USVI were sentenced to pay a total of $9.2 million in criminal fines and restitution. The companies were also ordered to perform community service following an investigation and guilty pleas to their use and application of illegal fumigants in multiple residential locations in the Virgin Islands.
The case was investigated by EPA Criminal Investigation Division, working cooperatively with the Virgins Islands government and the Agency for Toxic Substances and Disease Registry. Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental Crimes Section, and Assistant U.S. Attorney Kim L. Chisholm for the District of the Virgin Islands are prosecuting the case with the assistance of Patricia Hick, EPA Region II Regional Criminal Enforcement Counsel.
An indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
For more information about EPA’s pesticide program and its requirements, visit www.epa.gov/pesticides/.
For more information on methyl bromide, visit www.epa.gov/region2/methyl-bromide.pdf.
Town of Ticonderoga Agrees to Bring Drinking Water System into ComplianceRead the Press Release
Acting Assistant Attorney General Jeffrey H. Wood for the Environment and Natural Resources Division, U.S. Attorney Grant C. Jaquith for the Northern District of New York, Regional Administrator Pete Lopez for the U.S. Environmental Protection Agency (EPA), and New York State Attorney General Eric T. Schneiderman announced today that the Town of Ticonderoga, New York has entered into a consent decree to bring the town into compliance with the federal Safe Drinking Water Act and Part 5 of the New York State Sanitary Code. Under the terms of the agreement, Ticonderoga will switch the source of about half of the drinking water it provides to a groundwater source.
“Clean drinking water is a priority for all Americans. This agreement is carefully crafted to ensure that the Town of Ticonderoga is able to make required upgrades to its drinking water systems in a timely, cost-effective, and appropriate manner, while also ensuring that local residents are notified immediately if drinking water contamination is found,” said Acting Assistant Attorney General Wood for the Justice Department’s Environment and Natural Resources Division. “We will continue to work with our federal, state, and local partners to ensure compliance with the Safe Drinking Water Act.”
“With this agreement, and with support and technical assistance from the state and federal government, Ticonderoga has a path forward to ensure that the people of Ticonderoga receive clean drinking water,” said EPA Regional Administrator Pete Lopez.
“It is fitting that a town named for its location as the junction of two majestic waterways has committed to provide clean and protected water to its residents,” said United States Attorney Grant C. Jaquith. “We will continue to work with the Environment and Natural Resources Division, the EPA, and state and local authorities to ensure compliance with the federal Safe Drinking Water Act and to protect public health in Ticonderoga and throughout the Northern District of New York.”
“Every New Yorker should have access to safe, clean drinking water, and this agreement ensures that for Ticonderoga residents,” said Attorney General Schneiderman. “My office is proud of this collaborative victory and remains committed to improving environmental safety and public health across our state.”
The Town of Ticonderoga owns and operates an unfiltered drinking water system with an uncovered finished water reservoir that provides drinking water to approximately 5,000 customers. The water system does not meet state and federal regulatory requirements. The town has been out of compliance with a federal Safe Drinking Water Act regulation called the Long Term 2 Enhanced Surface Water Treatment Rule (LT2). Specifically, the system does not have proper treatment for Cryptosporidium. The LT2 rule specifically targets public water systems with surface water as their source, which have higher potential risks of Cryptosporidium contamination. These systems are required to treat unfiltered surface water for Cryptosporidium, which can lead to serious and potentially fatal gastrointestinal illness. The illness poses greater risks to people with weakened immune systems, such as young children, pregnant women, and the elderly. The rule also requires that reservoirs that hold finished drinking water (water that is ready to drink) be covered to protect them from contamination.
Under the terms of the consent decree filed yesterday, the Town of Ticonderoga will install wells to draw drinking water from the groundwater and install a storage tank to ensure a clean and protected water supply—projects that will cost approximately $13 million. The town will also complete improvements to the Baldwin Road filter plant by June 2020. While the work to accomplish these capital improvements is being completed, the consent decree requires the town notify the public immediately if sampling indicates any elevated risk of Cryptosporidium contamination.
In addition to the work required to ensure its system meets federal and state requirements, Ticonderoga has agreed to two additional actions under EPA’s Supplemental Environmental Projects policy. First, the town has agreed to establish a program to notify residents of water system outages or concerns, including boil-water notices. This notification program will also enable notification of other emergencies, including sewer or gas line breakages, flooding, police activity, and severe weather, by phone call, email, or text message. Second, the town will establish a pharmaceutical disposal program to anonymously accept any unwanted pharmaceutical products. The program will reduce the quantity of pharmaceuticals released to the environment that might otherwise make their way into the community’s drinking water. The town will also pay a $50,000 penalty to be divided evenly between the United States and New York State.
The consent decree has been lodged with the U.S. District Court for the Northern District of New York and is subject to public comment for a period of at least 30 days. Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment. The consent decree will available for viewing at www.justice.gov/enrd/Consent_Decrees.html.
For more information on the Safe Drinking Water Act, please visit: www.epa.gov/sdwa
Seattle Area Man Sentenced to 33 Years in Prison for Sex Trafficking Teens and Young WomenRead the Press Release
David D. Delay, 52, of Lynnwood, Washington, was sentenced today in a U.S. District Court in Seattle to 33 years in prison for his predatory and exploitive scheme to recruit young women and teens to prostitution for his own enrichment, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Annette L. Hayes of the Western District of Washington, and Special Agent in Charge Jay S. Tabb, Jr. of the FBI’s Seattle Field Office. Delay was also ordered to pay $76,700 in restitution to his victims, plus additional costs for counseling and medical care. Following prison Delay must register as a sex offender and will be on supervised release for the rest of his life. Because Delay has continued to harass his victims on social media, the judge requested the prison system and U.S. Probation limit his access to social media and computers. At today’s sentencing hearing U.S. District Judge Robert S. Lasnik said “He deserves a long sentence and a sentence that sends a message to the community that these crimes will not be tolerated.”
At the conclusion of a ten-day trial, the jury convicted the defendant on Nov. 6, 2017, of 17 federal felonies, including one count of conspiracy to engage in sex trafficking by force, fraud, and coercion; three counts of sex trafficking; three counts of attempted sex trafficking; one count of conspiracy to transport individuals for purposes of prostitution; six counts of transporting individuals for purposes of prostitution; two counts of production of child pornography; and one count of obstruction of justice.
According to evidence presented in court, including the testimony of seven victims, the defendant targeted vulnerable teenagers and young women in their early 20s by claiming to be a famous film producer with a multi-million dollar contract from HBO to produce a documentary on prostitution. Delay enticed his victims, several of whom he convinced to travel across the country to be with him, into working for him as prostitutes by falsely claiming that they would make up to $20 million by participating in his documentary. In order to convince the victims that his assertions were true, Delay sent them falsified bank account screenshots supposedly depicting the profits of his other films, a photograph of himself outside of an HBO office, and seemingly official, binding contracts that he asked them to sign that obligated them to pay him over a thousand dollars per week in prostitution proceeds. Delay falsely promised some of his victims that he was negotiating for them to star in a reality television show produced by Ryan Seacrest. Representatives from HBO and Ryan Seacrest Productions testified that the companies did not have any business dealings with Delay.
Once the victims arrived in Seattle, the defendant coerced them into prostituting themselves for his profit. He manipulated them emotionally, psychologically, and sexually; isolated them; made them completely dependent on him; and in some instances threatened legal action against them, falsely claiming that the victims had violated their contracts and were subject to civil penalties. In furtherance of his sex trafficking scheme, the defendant also enticed two minor victims to produce graphic pornographic photographs and videos for him, and in two instances threatened to release sexually explicit video images of his victims unless they complied with his demands.
“Delay used fraud and fear against vulnerable young women and girls to coerce them into commercial sex, turning them into sexual commodities for his own profit,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Department of Justice will continue to vigorously pursue sex traffickers and today’s sentence is an example of our ongoing efforts to hold traffickers accountable for their horrific crimes and vindicate the rights of their victims.”
“The long prison sentence imposed in this case is just punishment for the devastating impact this defendant had on his victims,” said U.S. Attorney Hayes. “As they bravely testified in court, the defendant’s conduct left his victims with deep and lasting emotional scars. There simply is no place in civilized society for the kind of sexual exploitation that this defendant engaged in without so much as a second thought.”
“The FBI remains committed to working with federal, state and local partners to combat such egregious criminal activities " said Special Agent in Charge Jay Tabb, of the FBI’s Seattle Field Office. “In this case, the FBI worked closely with the Redmond Police Department and the US Attorney’s Office to get survivors the help they need, and traffickers the justice they deserve. Given the complexity of Mr. Delay’s criminal schemes, our team included multiple experts all working as part of the Child Exploitation Task Force, a unit which continues to identify other victims and predators so we can disrupt cycles of abuse. ”
“We are proud of the excellent work done by the Redmond Police in partnership with the FBI,” said Redmond Police Chief K. Wilson. “Our close working relationship with our law enforcement partners through the FBI taskforce, allowed us to bring the needed resources to bear to ensure the defendant was arrested and convicted of his crimes.”
Co-defendant Marysa Comer, 23, of Matthews, North Carolina, previously pleaded guilty on Nov. 16, 2015, to one count of conspiracy to commit sex trafficking for her role in Delay’s scheme. She was sentenced to 36 months in prison on Dec. 1, 2017.
The case was investigated by the FBI’s Seattle Field Office and the Redmond Police Department, along with assistance from the FBI’s Chicago Field Office, the King County Sheriff’s Office, the King County Prosecuting Attorney's Office, the Beaverton, Oregon Police Department, and the Bureau of Prisons. The case was prosecuted by Assistant U.S. Attorney Kate Crisham and Trial Attorney Matthew Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Principal Deputy Assistant Attorney General Andrew Finch Delivers Introductory Remarks at the 2018 Antitrust Writing Award CeremonyRead the Press Release
Thank you for inviting me here this evening. I am delighted to be part of the celebration of the talented nominees and winning authors that have contributed to our understanding of antitrust law. It’s also wonderful to look out and see so many friends and familiar faces. This is a great way to kick off the week of the Spring meeting.
I am going to start with an apology of sorts: I’m not going to announce any new Antitrust Division policies or enforcement actions. And I’m not going to dive into the hot antitrust topics of the day, such as “so-called” big data or standards-essential patents. I hope that’s not a disappointment, but I think you’ll hear more than enough of that over the next several days. Instead, I would like to say a few words about good writing and its role in antitrust law.
Many have observed that words are the raw material and tools of the legal profession. Indeed, all that we do as lawyers is work with words: The words of ordinary people—the things they say and emails they write—that can become evidence; the words in contracts and disclosures; the words of witnesses in depositions and at trial; the words in lawyers’ memos, briefs and oral arguments; the words in law review articles by learned academics; the words of the judges in their decisions and orders (including some of the best words, such as “affirmed” or “reversed,” depending on your case or client); and, not least, the words enacted by Congress.
From the perspective of the legal advocate, words are only the beginning. The words must be strung together in sentences and paragraphs in order to persuade. That brings us to the importance of good writing, which is what we are here to celebrate this evening.
Lawyers worth their salt must be able to write clearly and effectively, but I’d suggest that strong writing is especially important in the domain of antitrust law. I think there are two reasons for that.
First, antitrust law is a common-law field. That presents opportunities for persuasive lawyers and judges to make their case for the proper interpretation or application of a short statutory phrase like “restraint of trade” or “substantially to lessen competition” in light of experience and logic.
Second, modern antitrust law relies heavily on economics. The ability to explain complex and technical economics concepts with clarity and precision has become one of the most important skills in our corner of the legal profession. In that regard I should note that, as the legal profession becomes more and more specialized, effective legal advocacy requires writers to resist an over-reliance on jargon. Indeed, antitrust lawyers can be among the worst offenders in this regard. Too often, we fall back on shorthand terms or phrases to convey meaning: Section 1, Section 2, Section 7, Section 8, HHIs, SSNIP tests, horizontal and vertical, rule of reason and per se, quick look, elimination of double marginalization . . . the list goes on.
It is unsurprising that clear and lively writing has been especially influential in antitrust jurisprudence. Antitrust opinions that have been cited time and again are those that instruct and persuade by enlivening abstract or technical concepts with clever prose. Great antitrust opinions often convey complex ideas in memorable ways.
Judge Boudin, who happens to be a former Antitrust Division Deputy, wrote an article explaining how metaphors can be very effective in antitrust writing. He wrote that “[m]etaphors meet the same felt need for graspable ideas in a different way by making the abstractions of antitrust more concrete and often more dramatic.”
One memorable example is from Socony-Vacuum Oil, where Justice Douglas described competitive pricing as the “central nervous system of the economy.” Or who can forget a phrase like “the Magna Carta of free enterprise”? These insightful metaphors capture the essence of antitrust law, and they have left a lasting impression on antitrust jurisprudence.
The sparse text and common-law nature of Section 1 of the Sherman Act provide an especially good opening for the influence of judges that are gifted writers to leave their mark on the development of the law. In the seminal Chicago Board of Trade decision 100 years ago, Justice Brandeis described the rule of reason—which the Court had introduced just under seven years before—as follows: “The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition.” That elegant formulation is the essence of the test we still apply to the vast majority of challenged conduct, weighing procompetitive benefits against anticompetitive effects.
Insightful writing has continued to refine Section 1’s categories over the years. For example, we learned from Justice White in the BMI decision that “easy labels do not always supply ready answers.” That was his succinct way of telling us that antitrust analysis must be sufficiently nuanced to take into account the characteristics of the conduct that is under scrutiny.
The BMI decision also announced what may be the most often-quoted test for application of the per se rule, asking whether the practice at issue “facially appears to be one that would always or almost always tend to restrict competition and decrease output . . . or instead one designed to ‘increase economic efficiency and render markets more, rather than less, competitive.’”
Another one of my personal favorites comes from the Supreme Court’s 1984 Copperweld decision, which used imaginative language to explain why a parent company and its wholly owned subsidiary no longer could be held liable for a conspiracy under Section 1. Chief Justice Burger wrote: “A parent and its wholly owned subsidiary have a complete unity of interest. Their objectives are common, not disparate; their general corporate actions are guided or determined not by two separate corporate consciousnesses, but one. They are not unlike a multiple team of horses drawing a vehicle under the control of a single driver.” (I confess that I’m afraid that clever imagery may not withstand the test of time in the coming age of driverless cars.)
As for Section 2, enduring prose that immediately comes to mind is in Judge Learned Hand’s Alcoa opinion, written in 1945. Although Judge Hand found that Alcoa illegally monopolized the aluminum market, he distinguished illegal monopolization from lawful monopoly with striking clarity when he wrote that “[a] single producer may be the survivor out of a group of active competitors, merely by virtue of his superior skill, foresight and industry. . . . The successful competitor, having been urged to compete, must not be turned upon when he wins.”
That’s an important lesson that—once learned—you can never quite forget. It continues to teach us not to punish a firm due to its size or natural commercial success, and that phrase is still quoted in antitrust writing today. Indeed, the Supreme Court adopted suspiciously similar language years later in Grinnell when it distinguished “the willful acquisition or maintenance of [monopoly] power” from “growth or development as a consequence of a superior product, business acumen, or historic accident.”
While we are on the subject of memorable antitrust jurisprudence, I should take a moment to acknowledge one of the best legal writers in American jurisprudence more generally, the late Justice Scalia. Justice Scalia contributed significantly to U.S. antitrust jurisprudence and, perhaps more importantly, to the art of persuasive writing itself.
Former Solicitor General (and Scalia Clerk) Paul Clement said recently that “[t]he best lines in a Scalia opinion were no mere rhetorical flourishes. They were images — usually far removed from the technical legal questions at hand — that perfectly captured the point the Justice was trying to make.”
Scalia’s last major antitrust opinion, Trinko, is often quoted for, among other things, his explanation of why forcing monopolists to share their goods or services with competitors is a bad idea. “Enforced sharing,” he wrote, “requires antitrust courts to act as central planners, identifying the proper price, quantity, and other terms of dealing—a role for which they are ill suited. Moreover, compelling negotiation between competitors may facilitate the supreme evil of antitrust: collusion.”
I should also note that in Trinko Justice Scalia also described the Aspen Skiing decision—the “leading case” for imposing liability for refusing to deal under Section 2—as “at or near the outer boundary of § 2 liability.” I think there’s a clever skiing metaphor buried in there somewhere.
In conclusion, I note that our nation appears to be in the midst of what some have called an “antitrust moment.” Antitrust law makes national and global headlines on a weekly—if not daily—basis. Last Friday morning, I saw a puzzled anchor on CNBC ask a guest whether “monopsony” is a real word.
In this environment, good antitrust writing takes on an increased significance. The wide range of topics covered in the works being honored this evening will contribute to this important conversation.
Owner of Michigan Marketing Company Charged with Tax CrimesRead the Press Release
A federal grand jury sitting in Flint, Michigan, has returned an indictment, which was unsealed yesterday, charging a Michigan business owner with filing a false tax return and failing to file tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the indictment, Sarah Vidican, owned and operated a marketing and consulting company in Michigan and Florida under the name Magnalty LLC (Magnalty). Magnalty allegedly provided marketing and consulting services to physicians and chiropractors.
The indictment charges that Vidican filed a false 2012 partnership tax return for Magnalty that underreported the business’s income. The indictment further alleges that Vidican failed to file a personal tax return for 2013 and failed to file a 2014 partnership tax return for Magnalty, despite having an obligation to do so.
If convicted, Vidican faces a statutory maximum sentence of three years in prison for filing a false tax return and one year in prison for each failure to file count. Vidican also faces 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.
Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Mark McDonald and William Guappone, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Michigan Healthcare Management Company Employees Indicted in Employment Tax SchemeRead the Press Release
A federal grand jury sitting in Flint, Michigan, has returned an indictment, which was unsealed yesterday, charging two managers of a healthcare management services company with failing to pay over payroll taxes to the Internal Revenue Service (IRS) and a third employee of the company with attempting to obstruct the internal revenue laws, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the indictment, Edward Cespedes and Joseph DeSanto managed and exercised control over the finances of a healthcare management services company, Integrated HCS Practice Management, operating in Southfield, Michigan. Gerri Avery was allegedly employed by the company as an executive assistant and was responsible for paying expenses.
The indictment charges that Cespedes and DeSanto from October 2013 to February 2014 failed to pay over to the IRS the full amount of payroll taxes withheld from employee paychecks, despite having an obligation to do so. Cespedes and DeSanto are alleged to have used the misappropriated money to pay the operating expenses of the company and to pay their own personal expenses.
The indictment further alleges that from July 2014 to July 2017, Gerri Avery obstructed the IRS’ attempts to collect the past due payroll taxes by providing materially false information to IRS collection officials.
If convicted, Cespedes and DeSanto face a statutory maximum sentence of five years in prison on each count of failure to pay over payroll taxes and Avery faces a maximum sentence of three years in prison on the obstruction count. The defendants 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.
Acting Deputy Assistant Attorney General Stuart M. Goldberg commended special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Mark McDonald and William Guappone, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Justice Department Announces Nationwide Initiative to Combat Sexual Harassment in HousingRead the Press Release
Today, as the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.
“Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. “It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home.”
“All discrimination stains the very fabric of our nation, but HUD is especially focused on protecting the right of everyone to feel safe and secure in their homes, free from unwanted sexual harassment,” said Secretary Ben Carson. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve. I look forward to working with Attorney General Sessions and the Department of Justice as part of this task force to bring an end to this type of discrimination.”
In October 2017, the Justice Department announced an initiative to combat sexual harassment in housing and launched pilot programs in D.C. and the Western District of Virginia. The initiative sought to increase the Department’s efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. During the pilots, the Department developed and tested ways to better connect both with victims of sexual harassment in housing and with those organizations that victims may turn to first for help – including law enforcement, legal services providers, public housing authorities, sexual assault services providers, and shelters. The Department also tested certain aspects of the initiative in other jurisdictions, including New Jersey, the Central District of California, Massachusetts, Vermont, and Michigan.
The two pilot programs generated an upswing in harassment reporting to the Department from both Washington, D.C. and the Western District of Virginia. In D.C., the Department generated six leads since the October 2017 launch. In Virginia, the Department generated three leads. While the Justice Department recognizes that leads and investigations do not always lead to enforcement actions, the pilot program’s results—when extrapolated across all the U.S. Attorney’s Offices across the country—could lead to hundreds of new reports of sexual harassment in housing across the country.
Because of these promising results, the Department is rolling out three major components to the Initiative.
First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.
Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s Offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.
Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s offices. The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment.
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to [email protected], or contact HUD at 1-800-669-9777. If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.
Fugitive Added to FBI’s “Ten Most Wanted List” is Subject of an INTERPOL Red NoticeRead the Press Release
Today, a fugitive wanted for the kidnapping and murder of a federal agent was added to the FBI’s “Ten Most Wanted Fugitives” List. Fugitive Rafael Caro-Quintero is also the subject of a U.S.-issued INTERPOL Red Notice processed by INTERPOL Washington—the U.S. National Central Bureau. The announcement was made during a news conference held by Federal Bureau of Investigation Deputy Director David L. Bowdich, Drug Enforcement Administration Acting Administrator Robert W. Patterson, U.S. Department of State Deputy Assistant Secretary James Walsh, and U.S. Marshals Service Acting Associate Director Derrick Driscoll. The Drug Enforcement Administration news release is available here.
The Department of State’s Narcotics Rewards Program is offering a reward of up to $20 million for information leading to the arrest and/or conviction of Rafael Caro-Quintero. Anyone with information concerning Caro-Quintero should take no action themselves, but should immediately contact the nearest U.S. Embassy or Consulate. Caro-Quintero is considered armed and extremely dangerous.
One of the primary missions of INTERPOL and INTERPOL Washington is to seek the location, and ultimately the arrest, of fugitives wanted in the United States and in other countries. INTERPOL Washington assists federal, state, local, and tribal authorities in the United States seeking the location of fugitives who have fled the United States, and assists foreign police in locating their fugitives believed to be in the United States. INTERPOL Washington is also responsible for seeking the publication of all INTERPOL Notices, including Red or wanted fugitives Notices, on behalf of U.S. authorities, and alerting U.S. authorities to the existence of INTERPOL Notices published on behalf of other countries.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
Source INTERPOL The INTERPOL Red Notice for Rafael Caro-Quintero.Former Puerto Rico Senator and Businessman Sentenced to Prison for BriberyRead the Press Release
Former Puerto Rico Senator Hector Martinez Maldonado and Juan Bravo Fernandez, the former president of Ranger American, one of the largest private security companies in Puerto Rico, were each sentenced today to 48 months in prison, respectively, for their roles in a bribery scheme involving the passage of legislation beneficial to Bravo Fernandez’s business, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.
Martinez Maldonado, 49, of Carolina, Puerto Rico, and Bravo Fernandez, 63, of San Juan, were each sentenced by Judge Francisco A. Besosa. Judge Besosa also ordered Bravo Fernandez to pay a $150,000 fine and Martinez Maldonado to pay a $15,000 fine. Maldonado and Fernandez were convicted on May 26, 2017, of federal program bribery.
According to evidence presented at trial, Martinez Maldonado was elected to the Puerto Rico Senate in 2004 and began serving a four-year term in January 2005. He was reelected in 2008. Beginning in 2005, Martinez Maldonado served as Chairman of the Puerto Rico Public Safety Committee, exercising significant control over legislation related to security and community safety. Bravo Fernandez was the president and chief executive officer of Ranger American, one of the largest private security firms in Puerto Rico.
The jury convicted the defendants for their role in a bribery scheme in which Bravo Fernandez provided Martinez Maldonado and Jorge de Castro Font, another former Puerto Rico senator, with a trip to Las Vegas to watch a championship boxing match between Winky Wright and Felix “Tito” Trinidad, a legendary Puerto Rican boxer, in exchange for the senators’ help with legislation favorable to Bravo Fernandez’s business interests.
Documents and evidence presented at trial showed that the trip to Las Vegas included first-class airfare; meals and drinks; hotel rooms at the Mandalay Bay Resort and Casino; $1,000 tickets to the Trinidad vs. Wright boxing match; and hotel rooms in Miami for the return trip. On March 2, 2005, the day that Bravo Fernandez paid for the boxing tickets, Martinez Maldonado submitted one of the bills favorable to Bravo Fernandez for consideration by the Puerto Rico Senate. The evidence at trial also showed that the hotel reservation was made the day after Martinez Maldonado presided over a Public Safety Committee hearing for one of the bills at which Bravo Fernandez testified, and that, the day after the three men returned from their trip to Las Vegas, Martinez Maldonado and de Castro Font both cast their votes in support of one of Bravo Fernandez’s bills in the Senate.
De Castro Font, 54, served in the Puerto Rico House of Representatives from 1989 to 2004, and served in the Puerto Rico Senate from 2005 to 2008. De Castro Font pleaded guilty on Jan. 21, 2009, to 20 counts of honest services wire fraud and one count of conspiracy to commit extortion. He was sentenced on May 17, 2011, to 60 months in prison.
The case is being investigated by the FBI’s San Juan Office. The case is being prosecuted by Deputy Chief Peter Koski and Trial Attorneys Monique Abrishami and Gwendolyn Stamper of the Criminal Division’s Public Integrity Section.
El Departamento de Justicia Anuncia Una Iniciativa Nacional Para Combatir El Acoso Sexual En La ViviendaRead the Press Release
WASHINGTON, D.C. — Ayer, el día en que el Departamento de Justicia reconoce el 50º aniversario de la ley de Vivienda Justa, el Fiscal General Jeff Sessions anunció el lanzamiento nacional de una iniciativa cuyo objetivo es aumentar el nivel de concientización y denuncia de acoso sexual en la vivienda. Este anuncio incluye un grupo de trabajo interinstitucional entre el Departamento de la Vivienda y Desarrollo Urbano (HUD, por sus siglas en inglés) y el Departamento de Justicia para combatir el acoso sexual en la vivienda, herramientas de promoción comunitaria y una campaña de concientización pública. Este enfoque triple apoyará los esfuerzos del Departamento por combatir el acoso sexual en la vivienda.
«El acoso sexual en la vivienda es ilegal, inmoral e inaceptable», afirmó el Fiscal General Sessions. «Hoy día, estamos viendo con demasiada frecuencia cómo los arrendatarios y administradores de propiedades, así como sus empleados, intentan aprovecharse de mujeres vulnerables. No dudaremos en perseguir a esos depredadores y hacer cumplir la ley. En octubre, mandé formarse una nueva iniciativa para identificar más casos de este estilo y ya hemos conseguido remedios para 15 víctimas. Hoy anunciamos tres pasos nuevos para dar más efectividad a la iniciativa y ganar más casos. Quisiera agradecer a los profesionales dedicados y comprometidos de nuestra División de Derechos Civiles, así como nuestros socios en el Departamento de la Vivienda y Desarrollo Urbano por su excelente trabajo en este empeño. Continuaremos a perseguir de modo agresivo a los acosadores porque todos tienen derecho a sentirse seguros en sus casas».
«Todo tipo de discriminación representa un estigma en el tejido de nuestra nación, pero el HUD está especialmente enfocado en la protección del derecho de todos a sentirse seguros en sus casas y libres de acoso sexual indeseado», declaró el Secretario Ben Carson. «Nadie debe verse obligado a tolerar avances sexuales indeseados para mantener un techo. Como parte de nuestra misión en el HUD, proporcionamos viviendas seguras, y seguiremos adelante con esta misión, siempre diligentes, para proteger a quienes servimos. Anticipo con ganas nuestra colaboración con el Fiscal General Sessions y el Departamento de Justicia como parte de este grupo de trabajo para acabar con este tipo de discriminación».
En octubre del 2017, el Departamento de Justicia anunció una iniciativa para combatir el acoso sexual en la vivienda y lanzó programas piloto en Washington, D.C. y el Distrito Occidental de Virginia. Esta iniciativa buscó fortalecer los esfuerzos del Departamento por proteger a mujeres del acoso a manos de arrendatarios, gestores de propiedad, trabajadores de mantenimiento, guardias de seguridad y otros empleados y representantes de dueños de propiedades de alquiler. Durante los programas piloto, el Departamento desarrolló y probó formas de conectarse mejor tanto con víctimas del acoso sexual en la vivienda como con aquellas organizaciones a las que víctimas suelen dirigirse primero para pedir ayuda, entre ellas la policía, proveedores de servicio legales, autoridades de la vivienda pública, proveedores de servicios para víctimas del asalto sexual y refugios. Asimismo, el Departamento probó ciertos aspectos de la iniciativa en otras jurisdicciones, incluyendo Nueva Jersey, el Distrito Central de California, Massachusetts, Vermont y Michigan.
Los dos programas pilotos llevaron a un incremento en la denuncia ante el Departamento del acoso, tanto de Washington, D.C. como del Distrito Occidental de Virginia. En Washington, el Departamento ha generado seis pistas desde el lanzamiento en octubre del 2017, mientras que en Virginia el Departamento ha generado tres. El Departamento de Justicia reconoce que las pistas e investigaciones no siempre conducen a medidas de aplicación de la ley; no obstante, los resultados del programa piloto, al extrapolarse por todas las oficinas de fiscales federales por todo el país, pueden traducirse en cientos de nuevas denuncias de acoso sexual en la vivienda por todo Estados Unidos.
Debido a estos resultados prometedores, el Departamento está implementando tres componentes fundamentales de la Iniciativa.
En primer lugar, el nuevo Grupo de Trabajo Conjunto del HUD y DOJ para Combatir el Acoso Sexual en la Vivienda implementará una estrategia conjunta entre el Departamento y el HUD para combatir el acoso sexual en la vivienda por todo el país. Se enfocará en cinco áreas clave: el intercambio y análisis de datos continuo; el desarrollo conjunto de mecanismos de capacitación, evaluación de denuncias relacionadas con la vivienda pública; la coordinación de promoción pública y estrategia de prensa; y una revisión de las políticas federales.
En segundo lugar, las herramientas de promoción comunitaria están diseñadas para apalancar la red nacional de Oficinas de Fiscales Federales del Departamento de Justicia. Las herramientas incluyen plantillas, orientación y listas de control basadas en los comentarios recibidos acerca del programa piloto. Al final, multiplicará los recursos de aplicación de la ley disponibles y ayudará a las víctimas del acoso sexual a ponerse en contacto con el Departamento.
Por último, la campaña de concientización pública tiene tres componentes fundamentales: un paquete de colaboración con las partes relevantes, el lanzamiento de una campaña en los medios sociales y anuncios de servicio público (PSA, por sus siglas en inglés), todo dirigido por las Oficinas de los Fiscales Federales. La campaña está específicamente diseñada para concientizar el público y simplificar el proceso para víctimas por todo el país para buscar recursos y denunciar el acoso.
Para más información sobre la División de Derechos Civiles y las leyes de derechos civiles que hace cumplir, vaya a www.usdoj.gov/crt o a www.justice.gov/crt-espanol. Aquellas personas que creen haber sido víctimas del acoso sexual en la vivienda deben llamar al Departamento al 1-844-380-6178, mandar un correo electrónico a [email protected] o comunicarse con el HUD al 1-800-669-9777. Si tiene información o preguntas acerca de cualquier otro tipo de discriminación en la vivienda, puede comunicarse con el Departamento al 1-800-896-7743.
Bulgarian National Arrested Pursuant to a U.S.-Issued Red NoticeRead the Press Release
A Bulgarian national has been arrested pursuant to a U.S.-issued Red Notice processed by INTERPOL Washington—the U.S. National Central Bureau. Zhelyaz Andreev, 29, was indicted and charged with conspiracy to defraud the U.S. Government and substantive violations of the Syria Trade Embargo. Read the full news release here.
One of the primary missions of INTERPOL and INTERPOL Washington is to seek the location, and ultimately the arrest, of fugitives wanted in the United States and in other countries. INTERPOL Washington assists federal, state, local, and tribal authorities in the United States seeking the location of fugitives who have fled the United States, and assists foreign police in locating their fugitives believed to be in the United States. INTERPOL Washington is also responsible for seeking the publication of all INTERPOL Notices, including Red or wanted fugitives Notices, on behalf of U.S. authorities, and alerting U.S. authorities to the existence of INTERPOL Notices published on behalf of other countries.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
Justice Department Files Sexual Harassment Lawsuit Against Owners and Managers of New York Rental PropertiesRead the Press Release
The Justice Department announced today that it has filed a lawsuit alleging that Douglas S. Waterbury, a residential property owner and landlord in the Oswego, New York, area subjected female tenants and potential tenants to egregious sexual harassment in violation of the Fair Housing Act. Along with Douglas Waterbury, the Department’s complaint names his wife and business partner, Carol A. Waterbury, and two residential property companies, Ontario Realty Inc. and E&A Management Co., as defendants.
The complaint, filed in the U.S. District Court for the Northern District of New York, alleges that since at least 1990, Douglas Waterbury has sexually harassed numerous women who have lived in or inquired about the defendants’ residential rental properties. The suit alleges that Waterbury’s conduct has included demanding or pressuring female tenants and potential tenants to engage in sex acts with him in order to obtain or keep rental housing; subjecting female tenants and potential tenants to unwelcome sexual contact and groping; offering to grant tangible housing benefits, such as reduced rent or deposit payments, in exchange for sex acts; refusing needed maintenance services or otherwise taking adverse housing actions against female tenants who refused his harassment; and making unwelcome sexual comments and advances. The conduct alleged in this complaint is egregious, ranging from demands to exchange sex for rent, to unwanted sexual encounters.
“Subjecting tenants and those looking for housing to harassment and demands for sex is unacceptable,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Combatting sexual harassment in housing is among the Department’s top priorities. As we celebrate the 50th Anniversary of the Fair Housing Act this month, the Civil Rights Division stresses its commitment to tackling this scourge, which strikes at the heart of access to fair housing, free from harassment and other forms of illegal discrimination.”
“The complaint alleges severe, pervasive sexual harassment, including pressure to engage in sexual activity to obtain or keep rental housing and unwelcome sexual contact with actual and prospective female tenants,” said Grant C. Jaquith, United States Attorney for the Northern District of New York. “We are committed to the full and fair application of the Fair Housing Act to give meaning to its protection of renters from unlawful discrimination. Housing cannot be conditioned on submission to sexual harassment.”
In October, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative. The initiative specifically seeks to increase the Department’s efforts to protect individuals from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners.
The Justice Department has filed or settled nine sexual harassment cases and has recovered over $1.6 million for victims of sexual harassment in housing since Jan. 20, 2017.
Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct. The allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or operated by Douglas Waterbury, Carol Waterbury, Ontario Realty Inc., or E&A Management Co., or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line, by calling 1-800-896-7743, pressing 1 to continue in English, and selecting mailbox 92 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by calling the phone number above and leaving a message in the general mailbox, or by e-mailing the Justice Department at [email protected].
Hardin County EMS Enters Settlement with United States to Resolve an American with Disabilities ComplaintRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced the settlement agreement with Hardin County Emergency Medical Services (HCEMS), on March 28, 2018, to resolve a complaint, under the Americans with Disabilities Act (ADA), regarding the provision of emergency medical services to qualified individuals with disabilities, including individuals using service animals.
The complaint alleged that emergency medical technicians and/or paramedics of Hardin County EMS failed to modify its policies and procedures to permit use of a service animal inside an ambulance providing emergency medical transportation services, in March of 2014 and again in November of 2016. Specifically, the service animal was a dog, trained to do work and perform tasks for the benefit of the individual with the disability.
Under the agreement, within 60 days HCEMS will adopt and publish grievance procedures for prompt and equitable resolution of complaints against HCEMS; will not discriminate against a person with a disability in violation of Title II of the ADA; will propose and implement a two-hour training program for all employees who have contact with the public on the requirements of the ADA, including reasonable modifications for people with disabilities who use a service animal.
Assistant United States Attorney Jessica R.C. Malloy represented the United States. HCEMS conducted an independent investigation of the allegations contained in the complaint and cooperated fully in the United States’ investigation and received assistance from the Hardin County Attorney in resolving this matter.
The United States Attorney’s Office in coordination with the Civil Rights Division of the United States Department of Justice vigorously enforces federal civil rights laws throughout the Commonwealth of Kentucky. These laws prohibit discrimination, protect the constitutional rights of residents, and affirm equal opportunity for all. The United States Attorney’s Office enforces civil rights through civil litigation and criminal prosecutions, and, in all cases, represents the interest of the United States.
For information about the civil rights laws enforced by the United States Attorney’s Office, please click on the following links:
The Americans with Disabilities Act (ADA) and other laws that prohibit disability discrimination.
The Fair Housing Act (FHA)
The Equal Credit Opportunity Act (ECOA)
The Equal Educational Opportunities Act (EEOA) and other laws that prohibit discrimination in schools.
Title II of the Civil Rights Act, which prohibits discrimination based on race, color, religion, and national origin in places of public accommodation.
Title VI of the Civil Rights Act, which prohibits discrimination based on race, color, and national origin by programs that receive federal financial assistance.
Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, national origin, sex, and religion by state and local government employers.
The anti-discrimination provision of the Immigration and Nationality Act (INA), which prohibits employment discrimination based on citizenship status and national origin.
Uniformed Services Employment and Reemployment Act (USERRA)
The Service Members Civil Relief Act (SCRA)
The Religious Land Use and Institutionalized Persons Act (RLUIPA)
The Civil Rights of Institutionalized Persons Act (CRIPA)
The Violent Crime Control and Law Enforcement Act and other laws that prohibit law enforcement misconduct.
The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act
Antitrust Division Issues 2018 Annual NewsletterRead the Press Release
The Department of Justice’s Antitrust Division today issued the 2018 edition of its annual Spring Newsletter on its website. The Newsletter highlights the Antitrust Division’s recent activities and successes on civil and criminal enforcement, international cooperation, and competition advocacy. The Newsletter includes a message from Assistant Attorney General Makan Delrahim, articles recounting the Antitrust Division’s enforcement actions in the criminal, merger, and civil non-merger areas over the past year, as well as an update on the Division’s international and competition advocacy programs.
“This spring, I have had the opportunity to reflect on my six-month anniversary as Assistant Attorney General of the Antitrust Division, looking back on the important achievements of our career staff and the exciting new developments and announcements still on the horizon,” said Assistant Attorney General Delrahim in his ‘Message from Makan.’ “My goal as Assistant Attorney General is to ensure that the Antitrust Division exercises its power so that the American consumer can reap the rewards of free market competition and innovation.”
The Newsletter highlights these milestones and accomplishments, and features profiles of Division leadership and staff. It can be found at https://www.justice.gov/atr/division-operations/division-update-spring-2018.
Two Associates of La Cosa Nostra Sentenced to Prison for Extortion-Related ChargesRead the Press Release
Two associates of the Genovese La Cosa Nostra (LCN) crime family were sentenced today in federal court in Worcester, Massachusetts on extortion-related charges.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling for the District of Massachusetts, Special Agent in Charge Harold H. Shaw of the FBI Boston Field Division, Hampden County District Attorney Anthony Gulluni and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement.
Ralph Santaniello, 50, and Giovanni Calabrese, 54, both of Longmeadow, Massachusetts, were sentenced by U.S. District Court Judge Timothy S. Hillman to serve 60 months in prison and 36 months in prison, respectively. Following their prison sentences, they were both ordered to serve two years of supervised release. In November 2017, Santaniello and Calabrese each pleaded guilty to one count of conspiracy to interfere with commerce by threats or violence; one count of interference with commerce by threats or violence – aiding and abetting; one count of conspiracy to use extortionate means to collect extensions of credit; and one count of using extortionate means to collect extensions of credit – aiding and abetting. Santaniello and Calabrese were arrested and charged in August 2016 along with three other associates, Gerald Daniele, 52, of Longmeadow; Francesco Depergola, 62, of Springfield, Massachusetts; and Richard Valentini, 51, of East Longmeadow, Massachusetts.
According to plea documents and evidence presented in court, Santaniello, Calabrese, and their co-defendants, were associates of the New York-based Genovese LCN crime family and engaged in various criminal activities in Springfield, Massachusetts, including loansharking and extortion from legitimate and illegitimate businesses, such as illegal gambling businesses and the collection of unlawful debts. The defendants used violence, exploited their relationship with LCN, and implied threats of murder and physical violence to instill fear in their victims.
In 2013, Santaniello, Calabrese, Depergola and Valentini attempted to extort money from a Springfield businessman. Santaniello assaulted the businessman, and Santaniello and Calabrese threatened to cut off the man’s head and bury his body if he did not comply. Over a period of two months, the businessman paid $20,000 to Santaniello, Calabrese, Depergola and Valentini to protect himself and his business.
In addition, during a six-month period in 2015, Daniele extended two extortionate and usurious loans to an individual, and then, along with Santaniello and Calabrese, threatened the individual if he did not make payments on the loans.
In March 2018, Daniele was sentenced to two years in prison. In December 2017, Depergola pleaded guilty and Valentini was convicted by a federal jury; they are both scheduled to be sentenced on May 11.
Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section, Assistant U.S. Attorney Kevin O’Regan, Chief of Lelling’s Springfield Branch Office and Assistant U.S. Attorney Katharine Wagner of Lelling’s Springfield Branch Office are prosecuting the cases.Three Individuals Indicted for Bribing Naval Employee to Allow Them to Make Unauthorized Liquor PurchasesRead the Press Release
Three New York residents were indicted today in two separate indictments for providing cash bribes to an employee of the U.S. Department of the Navy to make unauthorized liquor purchases at a Navy Exchange (NEX), announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.
Adam Agaev, 43, and David Manasherov, 37, both of Brooklyn, New York, were charged together in a nine-count indictment, and Edwin D. Fragoso, 44, of Freeport, New York, was charged in a six-count indictment, all in the Eastern District of New York. Agaev and Manasherov allegedly purchased liquor worth over $5 million, and Fragoso purchased over $1.3 million of liquor, over the course of the scheme. In addition to bribery, the defendants were also charged with conspiracy to defraud the United States, wire fraud, and honest services fraud. Manasherov was charged with tampering with an official proceeding and destruction of evidence subject to a federal search warrant. Fragoso was charged with making false statements to law enforcement agents.
Eric J. Jex, 29, of Uniondale, New York, an employee of the U.S. Department of the Navy who received the bribes, previously pleaded guilty to one count of bribery before U.S. District Judge Joanna Seybert of the Eastern District of New York and is scheduled to be sentenced on May 11.
According to admissions made in connection with Jex’s guilty plea, as a supervisory sales associate at the NEX at Mitchel Field in Garden City, New York, Jex was responsible for preparing and processing retail transactions, and he had direct authority to make decisions concerning large liquor orders and shipments from the NEX’s warehouse in Suffolk, Virginia. He was also subject to policies limiting access to the NEX’s goods to authorized personnel, such as Navy service members, and requiring NEX employees to check purchasers’ IDs.
According to the allegations in the indictments filed today, from approximately Nov. 13, 2015, through Dec. 13, 2016, Jex agreed with Agaev, Manasherov and Fragoso to arrange repeated large purchases of liquor from the NEX. Jex allowed these three unauthorized purchasers to buy NEX liquor at significant discounts. According to his plea agreement, Jex admitted that, in exchange, he accepted more than $250,000 in cash bribes, typically $5 to $20 per case of liquor.
In doing so, the indictments allege that Agaev, Manasherov and Fragoso caused interstate wires to be sent from New York to Virginia, deprived New York State of excise taxes and resold the liquor purchased from the NEX for profit.
The Naval Criminal Investigative Service (NCIS), Alcohol and Tobacco Tax and Trade Bureau (TTB), and New York State Department of Taxation and Finance, Criminal Investigations Division investigated the case. Trial Attorneys Luke Cass and Andrew Laing of the Criminal Division’s Public Integrity Section are prosecuting the case with the assistance of the U.S. Attorney’s Office for the Eastern District of New York.Tax Crime Does Not PayRead the Press Release
It’s that time of year again: tax season. The Justice Department would like to remind the public during this time of year that evading your tax obligations could end badly, with substantial fines and penalties, and even long prison sentences. Taxpayers are also reminded to be on the lookout for unscrupulous tax return preparers, who seek to inflate refunds by falsifying deductions, among other means. Even if a tax return preparer makes an error on an individual’s tax return, it is still the taxpayer’s responsibility to pay the correct taxes, and that individual may still be responsible for any unpaid taxes, interest, and fines resulting from these crimes.
“Tax returns are signed under the penalties of perjury, and every taxpayer is ultimately responsible for the contents of his or her own return,” cautioned Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. “While the vast majority of Americans truthfully report and pay their taxes, unfortunately there are those who seek to cheat the system and take a free ride on the backs of the hard working men and women of this country. The Justice Department is committed to bringing tax evaders and those who falsely prepare tax returns to justice.”
Over the past year, federal prosecutors for the Tax Division and U.S. Attorney’s offices across the country have worked tirelessly with special agents of Internal Revenue Service Criminal Investigation and other law enforcements agencies to investigate and prosecute those who illegally evade their taxes. These enforcement efforts continue year round.
Recent Tax Evasion Prosecutions of Individuals
- In July 2017, a Watertown, New York, restaurateur was sentenced to 150 months in prison for tax evasion and investment fraud. He engaged in a scheme to evade more than $4 million in taxes and obstruct the IRS.
- In October 2017, a Grand Junction, Colorado, business owner was sentenced to 88 months in prison for tax evasion and failing to file corporate and individual tax returns. He had not filed a personal tax return since 1992 and had not paid individual income taxes since 1993.
- In January 2017, a St. Louis, Missouri, tax return preparation business owner was sentenced to 27 months in prison for tax evasion. He underreported his businesses’ gross receipts by over $1.5 million and evaded over $580,000 in tax.
- In August 2017, a south Florida salesman was sentenced to 12 months and one day in prison for tax evasion. From 2002 to 2015, he earned over $1.5 million in income selling hurricane resistant windows and evaded paying over $350,000 in taxes. Except for the 2007 tax year, he had not filed an income tax return since 2002.
Recent Employment Tax Prosecutions
- In March 2018, the owners of a Memphis, Tennessee, staffing company, who were husband and wife, were sent to jail for failing to pay over payroll taxes and filing false tax documents. The husband was sentenced to 75 months in prison and his wife was sentenced to one year in prison. They failed to pay over $2.8 million in withholdings and other employment taxes to the IRS and filed false employment tax returns.
- In October 2017, the owner of a Las Vegas, Nevada, strip club was sentenced to 24 months for evading employment taxes. The former owner of The Crazy Horse Too evaded paying more than $1.7 million in employment taxes.
- In July 2017, a Potomac, Maryland, doctor and entrepreneur was sentenced to 119 months and 29 days in prison for defrauding his former company’s shareholders and for failing to pay more than $7.5 million in employment taxes.
Recent Prosecutions Involving Offshore Bank Accounts
- In October 2017, two Tampa, Florida, business executives were sentenced to prison for 54 months and 72 months respectively for their roles in a conspiracy to defraud the United States using an offshore tax shelter scheme. They conspired to create and promote a sham offshore tax shelter strategy marketed to clients.
- In July 2017, a Fort Myers, Florida, businessman was sentenced to 57 months in prison for conspiring with investment advisors to hide money in offshore bank accounts. He used secret numbered bank accounts and foreign shell companies to hide millions of dollars in order to evade more than $728,000 in U.S. taxes.
- In October 2017, a Greenwich, Connecticut, resident pleaded guilty to failing to report to the Department of Treasury funds he maintained in foreign bank accounts. He opened accounts at several banks, including Credit Suisse, UBS, Bank Leu, Clariden Leu, and Bank Hofmann. In 2004, the value of his foreign accounts exceeded $28 million. For over a decade, he filed false tax returns, on which he failed to report income from his foreign accounts.
Recent Prosecutions of Attempts to Obstruct the IRS
- In July 2017, a Loveland, Colorado, businessman and delicatessen owner was sentenced to 24 months in prison for conspiring to file fraudulent claims for tax refunds. He conspired with his return preparer to file three tax returns that claimed more than $1 million in bogus refunds, of which the IRS paid $350,765. He spent the funds on precious metals and coins, a truck, jewelry, luxury travel, and sporting equipment.
- In November 2017, a Greensboro, North Carolina, resident was sentenced to 37 months in prison for corruptly endeavoring to obstruct the IRS. He filed several fraudulent tax returns with the IRS that included fake income and withholdings, which claimed over $750,000 in fraudulent refunds. He also filed documents with the Guilford County Register of Deeds purporting to renounce his United States citizenship and proclaiming to be a sovereign citizen.
- In October 2017, a Boynton Beach, Florida, resident was sentenced to 30 months in prison for obstructing the IRS. He filed fraudulent personal tax returns with the IRS that sought more than $5.6 million in fraudulent refunds, of which the IRS paid more than $485,000. He used the funds to purchase a house and multiple vehicles, including a Jaguar and Mercedes Benz.
More information about the Tax Division’s enforcement efforts in these and other areas can be found on the division’s website. The IRS website also has information about how you can blow the whistle on people who fail to pay the tax that they owe.
Southern California Federal Court Shuts Down Tax Return PreparerRead the Press Release
A federal court in San Diego has permanently barred Melissa Lang (formerly known as Melissa Ann Vega) from preparing federal tax returns for others, the Justice Department announced today. In its complaint, the government alleged that Melissa Lang operated tax return preparation businesses called “L&T Works” and “Lang Works, LLC” and fraudulently reduced her customers’ tax liabilities by improperly claiming a variety of deductions and education tax credits. Specifically, the government’s complaint alleged that Lang, of San Diego, California, caused to be filed returns that claimed fraudulent refunds of more than $9,000,000, which included approximately $7,020,020 in false education credits. The complaint alleges that Lang filed, or caused to be filed though her associates and employees, approximately 4,194 false returns.
Lang agreed to the civil injunction order entered against her, which requires her to turn over to the United States a list of all principals, managers, employees, and independent contractors for Ms. Lang’s tax preparation businesses. Lang has already pleaded guilty to conspiracy to file false, fictitious, and fraudulent claims, tax evasion, and aggravated identity theft.
The IRS has a list of steps on their website that you can take now in anticipation of filing your 2017 federal income tax return and ten tips for choosing a tax preparer. 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 information on their website about selecting 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.
Press Conference at United States Attorney’s OfficeRead the Press Release
The United States Attorney and Law Enforcement Officials will host a press conference on Tuesday, April 3, 2018, at 2:00 p.m. CDT, regarding an Organized Crime and Drug Enforcement Task Force investigation.
WHO: United States Attorney Trent Shores
Tulsa Police Department Chief Chuck Jordan
Drug Enforcement Agency Resident Agent in Charge Dave King
Internal Revenue Service Assistant Special Agent in Charge Keven Caramucci
WHAT: Press Conference regarding a significant marijuana seizure and resulting charges stemming from a United States Attorney’s Office led investigation involving the Organized Crime and Drug Enforcement Task Force. US Attorney Shores and attending law enforcement officials will be available for individual interviews, as needed, following main press conference.
WHEN: 2:00 p.m. CDT, April 3, 2018.
WHERE: United States Attorney’s Office
David E. O’Meilia Conference Room
110 West Seventh Street, Suite 300
Tulsa, Oklahoma 74119
NOTE: Government issued photo I.D. necessary for admission to U.S. Attorney’s Office.
Mississippi Real Estate Investors Plead Guilty to Conspiring to Rig Bids at Public Foreclosure AuctionsRead the Press Release
Real estate investors Kevin Moore, Chad Nichols, and Terry Tolar pleaded guilty today for their roles in a conspiracy to rig bids at public real estate foreclosure auctions in Mississippi, the Department of Justice announced.
Including Moore, Nichols, and Tolar, five real estate investors have pleaded guilty in this conspiracy. Separate felony charges against Moore, Nichols, and Tolar were filed on April 3, 2018, in the U.S. District Court for the Southern District of Mississippi.
“Today’s guilty pleas send a strong signal that the Division will prosecute and hold accountable those who conspire to corrupt the competitive process and harm the American consumer,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “We extend our thanks to our law enforcement partners, with whom we will continue to investigate bid-rigging crimes in Mississippi—and throughout the United States.”
“Individuals who harm homeowners and defraud companies by cheating our foreclosure system to enrich themselves will face swift and certain criminal prosecution in Mississippi,” said United States Attorney D. Michael Hurst, Jr. for the Southern District of Mississippi. “I applaud the FBI and the Antitrust Division for their tenacity and perseverance in pursuing these criminal actions and shutting this illegal scheme down.”
“Violations of the Sherman Act not only impact America’s financial institutions and distressed homeowners but also damage our free market society as a whole,” said Special Agent in Charge Christopher Freeze of the FBI in Mississippi. “We hope that others participating in this type of corruption understand that the FBI and Department of Justice will continue to protect Americans from price fixing and bid rigging that harm our economy.”
According to court documents, from at least as early as January 12, 2012, through at least as late as April 19, 2017, Moore conspired with others to rig bids, designating a winning bidder to obtain selected properties at public real estate foreclosure auctions in the Southern District of Mississippi. Nichols participated in the conspiracy from as early as April 14, 2010, through as late as February 25, 2015, and Tolar’s participation began as early as January 12, 2012, through as late as March 31, 2017. Co-conspirators made and received payoffs in exchange for their agreement not to bid.
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 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 the Antitrust Division’s 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.
Acting Assistant Attorney General John P. Cronan Delivers Remarks at the 35th International Drug Enforcement ConferenceRead the Press Release
Remarks as prepared for delivery
It is a privilege to speak with you representing the U.S. Department of Justice. As the Acting Assistant Attorney General of the Department of Justice’s Criminal Division, I oversee approximately 700 attorneys spread across 17 sections and offices, mostly in Washington D.C., but also many stationed in offices around the world. Among other things, prosecutors in the Criminal Division investigate and prosecute transnational organized crime, large-scale international narcotics trafficking, international money laundering, and cyber-related crimes including the use of the dark web to engage in illegal activity. The Criminal Division also houses our Office of International Affairs, which handles all of our foreign legal assistance matters.
I am honored today to have the opportunity to speak with this assembly of proud, brave, and accomplished law enforcement officers. This is a critical conference, taking place at this critical time. Today more than ever, we must take stock of not only the successes we have achieved, but more importantly of the hard work that lies ahead of us, as we join together in the ongoing fight against international drug trafficking.
Our fight against drug cartels and transnational criminal organizations is the very definition of a fight that transcends borders. It is a shared fight. It is a fight against ever-evolving and innovating threats and methods. And it is a fight in which we as law enforcement collectively can, and must, do better.
The costs have never been higher. Today, in the United States, we are facing the deadliest drug crisis in our history. Approximately 64,000 Americans died from drug overdoses in 2016. That was the highest drug death toll – and the fastest increase in that death toll – in American history. One American dies of a drug overdose every nine minutes. Drug overdoses are now the leading cause of death for Americans under the age of 50.
These numbers are staggering, but their sheer scale can almost numb us to the reality of profound human loss that the drug crisis is causing. Each one of those deaths is a tragedy that reverberates through families and communities, multiplying its corrosive, debilitating effects. Effects that are borne by the dead, for sure, but also effects that are borne, perhaps more painfully, by the living whom they leave behind. These insidious effects are what make the scourge of opioids, including prescription drugs, heroin, and synthetic drugs like fentanyl, so dangerous and terrifying.
The traffickers who manufacture and distribute the destructive drugs that are ravaging our communities know precisely what they are doing, and they also are only too aware of our efforts to thwart them. That is why drug traffickers are forging underground marketplaces, exploiting the Internet and cryptocurrencies, and simultaneously challenging the stability and security of our financial institutions. Drug traffickers are moving money to the tune of hundreds of billions of dollars in ill-gotten profits. The task for those of us in law enforcement is to not only stanch the flow of drugs, but also the flow of illicit money.
Today, I want to talk about that specific problem: the flow of illicit money. Money is the lifeblood of any criminal organization, be it a pill mill, a transnational drug cartel, or a terrorist organization. Money is the very reason that criminal enterprises exist and persist. If we can map out, and stamp out, the financial networks through which the money is moving, we will go a long way in paralyzing these criminal organizations well before we have to endure, first-hand, the destructive effects of their poisons in our communities.
How do we stem the tide of illicit money?
First, we need to follow not just the money, but also the marketplaces. We need to stay one step ahead when it comes to identifying, regulating, tracking, and seizing the marketplaces that criminals are using for their illegal activities. In this day and age, sophisticated criminals are constantly forging and finding new platforms on which they can buy and sell, recruit, and launder. And naturally, markets that operate in the shadows, hidden from law enforcement, are those most appealing to criminals. We need to bring those shadowy markets into the light.
The so-called “dark web” is illustrative of this challenge. It is, by its nature, transnational. It relies on anonymity software that masks the true identities of visitors and their locations. It conceals IP addresses. And because of its hidden nature, the dark web is both a haven and a hub for some of the most prolific drug suppliers and criminal actors across the globe.
Dark web markets have been used to traffic in deadly drugs, illegal weapons, toxic chemicals, stolen identities, stolen credit cards, child pornography, and even people’s credentials for online accounts. With the click of a mouse, you can have synthetic opioids delivered right to your doorstep. And dark web markets have been used to launder hundreds of millions of dollars derived from illegal transactions. Illicit money flows are finding their way into new corners of the Internet each day.
The transnational economy of the dark web demands a transnational response. And we are delivering.
Working closely together with our international partners, we have shut down some of the worst offenders on the dark web. Last July, the U.S. Department of Justice executed the largest takedown of a dark web market in history when we seized AlphaBay. The AlphaBay site was the largest criminal marketplace on the Internet, at its peak hosting upwards of 40,000 vendors, 200,000 users, and 220,000 drug sale listings. We have tied purchases made on AlphaBay to multiple overdose deaths across the United States, including the tragic death of a 13-year-old boy whose classmate purchased a synthetic opioid on AlphaBay.
With the cooperation of Europol and our host country, the Netherlands, as well as our partners in Thailand, Lithuania, Canada, the United Kingdom, France, and Germany, we seized AlphaBay’s servers and infrastructure. We froze millions of dollars’ worth of cryptocurrencies that represented AlphaBay’s illicit proceeds. We arrested the site administrator in Thailand. And we are pursuing his and his wife’s assets throughout the world, from Thailand, Cyprus, and Lichtenstein to Antigua and Barbuda.
Shortly after the AlphaBay seizure, Dutch authorities, with support from Europol, took down the Hansa marketplace. Hansa was the third largest criminal marketplace on the dark web, also trading high volumes of illegal drugs and goods. The Hansa takedown also was a highly coordinated international operation – and it was an operation carefully designed to maximize impact by seizing and covertly taking over control of Hansa for about a month. This allowed law enforcement to monitor activities on the platform and collect valuable information on significant law enforcement targets who were using the market for criminal purposes.
In January of this year, U.S. Attorney General Jeff Sessions created the Joint Criminal Opioid Darknet Enforcement team, known as J-CODE. J-CODE reflects the United States’ recognition that a major driver of the increase in opioid overdose deaths is the growing black market trade of illicit fentanyl and fentanyl analogues on the Internet. J-CODE effectively doubles our investment in the fight against online drug trafficking on the dark web, dedicating dozens more FBI agents, intelligence analysts, and professional staff to this long-term effort. And J-CODE puts an emphasis on the need for international coordination and working with our overseas Drug Enforcement Administration and FBI offices to shut down the dark web markets peddling deadly drugs.
Just a few months into its creation, we already have seen successes from the work being done by the J-CODE team. Last week, the Attorney General announced initial results of Operation Disarray, which is the J-CODE’s first coordinated law enforcement operation targeting opioid trafficking on the dark web. During the week of March 27, U.S. law enforcement made eight arrests, conducted more than 160 interviews of people who had bought or sold opioids and other drugs online, identified 19 overdose deaths, and executed numerous search warrants, resulting in the seizure of weapons, drugs, and counterfeit currency.
Transnational criminals who wish to take advantage of the perceived secrecy of the dark web should beware: law enforcement is smart to your techniques, and we will labor tirelessly across borders, with the full support of our governments, to dismantle your operations.
Together, we are inflicting significant blows on dark web markets. And, if we continue to work collectively, we will do more. If we are to keep pace with illegal markets as they shift and grow and change platforms, we too will need to be nimble and adaptive.
We need to work together to follow the virtual money flows, while being vigilant as we monitor the ever-fluid landscape and features of cryptocurrencies. We need to ensure that we seize not just end products, but the markets themselves. We must target not just the market creator, but the creator’s assets, enablers, and financial network. The very features of markets on the dark web that make them so attractive to bad actors pose a challenge – but also an opportunity – for law enforcement to be smarter, probe deeper, and move faster.
How else can we stem the tide of illicit money?
We also need to aggressively combat money laundering, using all tools in our law enforcement toolbox – marrying traditional criminal prosecution with civil forfeiture, financial sanctions, and rigorous enforcement of compliance obligations on financial institutions.
As we all know, drug cartels are adept at filtering “dirty” money through various transactions until the funds appear to be “clean” proceeds from legitimate activities, rendering them available for use. This enables criminals to readily mask, move, and access their ill-gotten gains without jeopardizing their illegal activities. They do this through traditional money laundering methods, such as black market peso exchanges, cash couriers, and trade-based money laundering. But they also employ increasingly complex schemes – utilizing shell companies, or transfers through reputable financial institutions, lawyers, and other professionals that enshroud their illegal proceeds in a veneer of legitimacy.
At the U.S. Department of Justice, we seek to leverage the full panoply of tools at our disposal to combat the means and methods of money launderers. That, of course, includes criminal prosecutions of those who violate our money laundering laws.
One of our recent investigations, for example, targeted an alleged drug trafficking and money laundering organization largely based in Sinaloa, Mexico. Since at least 2012, the organization allegedly transported massive amounts of cocaine, heroin, and methamphetamine into the United States. But that was not all; the organization also allegedly smuggled their drug trafficking proceeds from the United States back into Mexico, laundering more than an estimated $100 million dollars. Some money allegedly was laundered through Mexican money exchange houses, while other money allegedly was deposited with U.S. banks and wire-transferred to Mexican accounts controlled by the organization.
Our prosecutors brought criminal charges against 15 defendants, including individuals responsible for the movement of the illicit proceeds. To date, eight of those defendants, including the owner of a currency exchange house in Sinaloa and a peso broker operating out of Sinaloa, have pleaded guilty and been sentenced to significant jail time.
But the law enforcement tools at our disposal are not limited to bringing criminal charges. Take, for example, the case of Jorge Cifuentes-Villa, who is facing criminal prosecution in the United States. Cifuentes-Villa led a drug trafficking and money laundering organization closely tied to the Sinaloa Cartel and he has been designated by the United States as a Consolidated Priority Organization Target, a designation reserved for the most dangerous and prolific narcotics traffickers.
In addition to the criminal charges against Cifuentes-Villa, our prosecutors also brought two multi-million dollar civil forfeiture actions against assets tied to Cifuentes-Villa’s drug trafficking activities. Meanwhile, the U.S. Department of Treasury levied financial sanctions against Cifuentes-Villa, identifying him as a Specially Designated Narcotics Trafficker, to effectively cut him off from transactions with any U.S. persons or businesses.
The path to civil forfeiture of Cifuentes-Villa’s assets began with a vehicle stop in 2009. A single money courier was found in possession of approximately $780,000 in drug proceeds. With that lead, investigators traced money through various companies’ bank accounts that were used to launder on the cartel’s behalf. They traced the money all the way back to transactions eight years before the vehicle stop. Investigators learned that in 2001, a shell company in the British Virgin Islands had received approximately $11 million in funds. And that $11 million subsequently was moved through eight brokerage accounts, before it finally landed in two accounts at Wells Fargo Advisors.
The tracing showed that the shell company had received the funds from yet another entity in the British Virgin Islands, an entity that was owned by a man who went by the name, Sergio Osuna-Villareal. We identified Sergio Osuna-Villareal as an alias of Jorge Cifuentes-Villa. The investigation revealed that Cifuentes-Villa had transferred more than $10 million in drug proceeds to the shell company as liquidation of the assets of his murdered drug partner. And in 2012, we sought forfeiture – successfully – of both the approximately $11 million from the Wells Fargo Advisors’ accounts and a $1.2 million condominium in Miami, Florida that we also traced to Cifuentes-Villa.
Those examples underscore the array of tools that we stand ready to deploy against money launderers for drug cartels. With the close cooperation of our international partners, we not only can bring wrongdoers to justice in our courts, but we also can trace where their money traveled and how and when. We can then reclaim their ill-gotten gains, block their assets, and prevent U.S. persons from dealing with them.
We also must be forward-leaning in holding accountable the enablers that move or legitimize the funds of drug traffickers. Just as cartels zero in on any weak link in the chain – by exploiting financial institutions with ineffective anti-money-laundering protocols – we too will continue to aggressively target financial institutions that turn a blind eye to the mass transit of illicit proceeds through their accounts.
To be sure, the examples I have mentioned over the past few minutes barely scratch the surface of the money flows that fuel and refuel the global drug trade. But as with the dark web, the very money laundering tactics that the criminals hope will throw us off should embolden us, focus us, and bring us together.
And it is by working together that we are able to most effectively target those illicit proceeds. Money laundering mechanisms are transnational by design. The painstaking work by our agents and prosecutors of mapping out those networks necessitates foreign wiretaps, foreign cooperating sources, and foreign law enforcement surveillance. It calls for timely sharing of international financial intelligence and prompt responses to mutual legal assistance requests. It requires foreign agents to authenticate photographs, wiretaps, and seizure evidence, and provide eyewitness testimony. On all these fronts and more, we can and must better synchronize our efforts.
Drug cartels count on our inability to connect the dots across borders and financial institutions. But with concerted international efforts to target illicit proceeds from every legal angle, we can more effectively connect those very dots and unravel the illicit networks driving the drug crisis.
Thank you, and I look forward to working with you all.
Accused Computer Hacker Returned to United States to Appear in U.S. CourtRead the Press Release
An accused computer hacker sought by the United States was recently returned to the United States to stand trial. On March 30, 2018, Yevgeniy Aleksandrovich Nikulin, 30, of Moscow, Russia, made his initial appearance in federal court, following his extradition from the Czech Republic. He was charged by the United States in 2016 with illegally accessing computers belonging to LinkedIn, Dropbox, and Formspring. Nikulin was arrested in October 2016, pursuant to a U.S.-issued INTERPOL Red Notice processed by INTERPOL Washington—the U.S. National Central Bureau. He had been in the custody of the Czech Republic since then. The United States submitted an official request to the Czech government for his extradition in November 2016. On March 29, 2018, the Minister of Justice of the Czech Republic ordered Nikulin extradited to the United States. Read more about the Federal case against Nikulin here:
The INTERPOL Red Notice
- Each INTERPOL member country maintains a National Central Bureau (NCB) staffed by its own highly trained law enforcement officials.
- An INTERPOL Red Notice is a request to locate and provisionally arrest an individual pending extradition. It is issued by the INTERPOL General Secretariat at the request of a member country’s NCB or an international tribunal based on a valid national arrest warrant. It is not an international arrest warrant.
- INTERPOL cannot compel any member country to arrest an individual who is the subject of a Red Notice. Each member country decides for itself what legal value to give a Red Notice within their borders.
- When INTERPOL publishes a Red Notice this is simply to inform all member countries that the person is wanted based on an arrest warrant or equivalent judicial decision issued by a country or an international tribunal. INTERPOL does not issue arrest warrants.
Virginia Man Pleads Guilty to Producing Child Pornography Depicting Victims in the PhilippinesRead the Press Release
A Manassas, Virginia man pleaded guilty today to using the Internet to pay women to sexually abuse children as young as six years old in the Philippines while he produced numerous images of the abuse.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Tracy Doherty-McCormick for the Eastern District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement.
According to court documents, from at least October 2011 until February 2012, Dwayne Stinson, 53, used an electronic payment service to pay women in the Philippines he was chatting with to sexually abuse children while he directed the abuse. He admitted that some of the children were as young as six or seven years old. The defendant contemporaneously produced numerous screenshot images of the abuse and stored them on his computer.
Stinson pleaded guilty to one count of production of child pornography before U.S. District Judge Liam O’Grady. His sentencing is scheduled for Aug. 24, 2018.
The Prince William County Police Department and Northern Virginia/District of Columbia Internet Crimes Against Children Task Force (NOVA/DC ICAC) assisted in the investigation. CEOS Trial Attorney James E. Burke IV and Assistant U.S. Attorney Whitney Russell for the Eastern District of Virginia are prosecuting the case.
This case was brought as 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.Two Tennessee Health Care Executives Charged for Role in $4.6 Million Medicare Kickback SchemeRead the Press Release
Two Tennessee health care executives were charged in an indictment unsealed today for their alleged participation in a $4.6 million Medicare kickback scheme involving durable medical equipment (DME).
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Don Cochran of the Middle District of Tennessee, Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta region, Special Agent in Charge John F. Khin of the U.S. Department of Defense Criminal Investigative Service’s (DCIS) Southeast Field Office and Director Mark Gwyn of the Tennessee Bureau of Investigation (TBI) Medicaid Fraud Control Unit made the announcement.
John Davis, 40, of Brentwood, Tennessee, and Brenda Montgomery, 69, of Camden, Tennessee, were each charged with one count of conspiracy to defraud the United States and to pay and receive health care kickbacks, and seven counts of paying and receiving health care kickbacks. Davis is the former CEO of Comprehensive Pain Specialists (CPS), a large, multi-state pain management company. Montgomery is the owner, founder and CEO of CCC Medical Inc., a DME company with five locations in Tennessee and headquartered in Camden. Davis and Montgomery were arrested this morning and appeared this afternoon before U.S. Magistrate Judge Alistair E. Newbern of the Middle District of Tennessee.
“The charges against John Davis and Brenda Montgomery, alleging almost three quarters of a million dollars in illegal health care kickbacks and the submission of over $4.6 million in fraudulent claims to Medicare, demonstrate the Department of Justice’s commitment to protect taxpayer dollars and to hold corporate executives accountable for fraudulent and abusive conduct,” said Acting Assistant Attorney General Cronan. “Kickbacks such as those alleged in the indictment distort markets and undermine public trust. The Criminal Division and our law enforcement partners will continue to root out fraud, waste and abuse in our health care programs, no matter how complex the schemes.”
“Our Medicare program is designed to help those who are most vulnerable and in need of medical services and equipment,” said U.S. Attorney Cochran. "Stealing funds from our health care system places the vulnerable at greater risk and diverts public funds into the pockets of the greedy individuals who exploit those with the greatest need. We will be un-relenting in our efforts to bring to justice, those individuals and corporations who choose to profit at the expense of the health of those individuals with the greatest need.”
“Kickback schemes like this one do not benefit patients or the Medicare program,” said Special Agent in Charge Jackson. “These arrangements are simply designed to line the pockets of the defendants at the expense of the taxpayer.”
“In concert with our partner agencies, DCIS aggressively investigates fraud and corruption that undermines the integrity of Department of Defense programs,” said DCIS Special Agent in Charge Khin. “These defendants selfishly put greed and personal gain before the safety and well-being of our military members, their families, and retirees, who deserve the best medical care available.”
“Having the support and cooperation of our partner local, state and federal agencies is critical in our combined efforts to protect Tennesseans from individuals attempting to derive a personal benefit at the expense of patients and taxpayers,” said TBI Director Gwyn.
The indictment alleges that from at least June 2011 until at least June 2017, Montgomery agreed to pay Davis, the CEO of CPS, illegal kickbacks in exchange for Medicare referrals for DME ordered by CPS employees that Davis referred to CCC Medical. As alleged in the indictment, Montgomery agreed to pay Davis 60 percent of Medicare proceeds collected on claims billed for DME ordered by CPS providers and referred by Davis. In addition, the indictment alleges that Davis and Montgomery took a number of steps to conceal their illegal agreement, including making kickback payments through a nominee, creating and filing false tax documents, and, for Davis, intervening as CEO to prevent the owners of CPS from obtaining their own Medicare DME supplier numbers that would have allowed CPS to bill for its own Medicare DME orders.
Beginning in or around May 2015, according to the indictment, Davis and Montgomery renegotiated their illegal agreement to further obscure their personal contract from Medicare and from CPS owners and employees. The indictment alleges that from approximately May 2015 until approximately November 2015, Montgomery agreed to pay Davis $200,000 for the sham purchase of a shell entity known as ProMed Solutions LLC (ProMed). Davis and Montgomery renegotiated the sham transaction after Montgomery complained that her referrals from CPS had been lower than expected, and Montgomery ultimately paid $150,000 for the shell, ProMed, according to allegations in the indictment. The true purpose of this payment was to induce Davis to continue driving CPS referrals to CCC Medical, the indictment alleges.
The indictment alleges that Montgomery, through CCC Medical, submitted over $4.6 million in fraudulent claims to Medicare, and that Medicare paid a total of $2.6 million on those claims. Further, the indictment alleges that Montgomery paid more than $770,000 in illegal kickbacks to Davis.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by HHS-OIG, DCIS and the Tennessee Bureau of Investigation Medicaid Fraud Control Unit. Trial Attorney Anthony Burba of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Ryan Raybould of the Middle District of Tennessee and are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws throughout the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have collectively billed the Medicare program for over $12.5 billion.Massachusetts Man Charged with 24 Additional Offenses Associated with Cyberstalking Former HousemateRead the Press Release
A Newton, Massachusetts man, who was arrested and charged in October 2017 for conducting an extensive cyberstalking campaign against his former housemate, was charged today in federal court in Boston with an additional 24 offenses.
Ryan S. Lin, 25, was charged with seven counts of cyberstalking, five counts of distribution of child pornography, nine counts of making hoax bomb threats, three counts of computer fraud and abuse and one count of aggravated identity theft.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling for the District of Massachusetts, Special Agent in Charge Harold H. Shaw of the FBI Boston Field Office and Waltham Police Chief Keith MacPherson made the announcement today.
The conduct charged in the October 2017 complaint is incorporated into today’s charges. Specifically, from about May 2016 through Oct. 5, 2017, Lin engaged in an extensive cyberstalking campaign against a 24-year-old female victim. Lin, the victim’s former housemate, allegedly hacked into the victim’s online accounts and devices and stole the victim’s private photographs, personally identifiable information, and private diary entries, which contained highly sensitive details about her medical, psychological and sexual history, and distributed the victim’s material to hundreds of people associated with her.
Lin also allegedly created and posted fraudulent online profiles in the victim’s name and solicited rape fantasies, including “gang bang” and other sexual activities, which in turn caused men to show up at the victim’s home. Lin engaged in a number of other activities targeting the female victim, including relentless anonymous text messaging and additional hoaxes, from shortly after he met her until October 2017.
The Information further charges that, in addition to his former housemate, Lin engaged in cyberstalking activity aimed at six additional individuals. Some were associated with the former housemate, and others were entirely unrelated. The additional victims include a female victim that was also Lin’s housemate in Newton at the time of his arrest. It is also alleged that on multiple occasions, Lin sent sexually explicit images of prepubescent children on an unsolicited basis to the victim’s mother, the victim’s co-worker and housemate, a friend of the victim who resided in New Jersey, and two of Lin’s former classmates in New York.
In addition to the cyberstalking activity, it is alleged that Lin falsely and repeatedly reported to law enforcement that there were bombs at the victim’s Waltham, Massachusetts residence. Lin also allegedly created a false social media profile in the name of the victim’s housemate in Waltham and posted that he was going to “shoot up” a school in a nearby town. These threats expanded beyond Waltham and became part of an extensive and prolonged pattern of threats to local schools, private homes, businesses, and other institutions in the broader community.
The investigation was conducted by the FBI’s Boston Field Office and the Waltham Police Department. The Middlesex County District Attorney’s Office and Watertown, Newton and Wellesley Police Departments assisted in the investigation. Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Amy Harman Burkart, Chief of Lelling’s Cybercrime Unit are prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.Note: To view the information click here.
Justice Department Leads Effort to Seize Backpage.Com, the Internet’s Leading Forum for Prostitution Ads, and Obtains 93-Count Federal IndictmentRead the Press Release
Note: To view the indictment click here.
The Justice Department today announced the seizure of Backpage.com, the Internet’s leading forum for prostitution ads, including ads depicting the prostitution of children. Additionally, seven individuals have been charged in a 93-count federal indictment with the crimes of conspiracy to facilitate prostitution using a facility in interstate or foreign commerce, facilitating prostitution using a facility in interstate or foreign commerce, conspiracy to commit money laundering, concealment money laundering, international promotional money laundering, and transactional money laundering.|
The seven defendants charged in the indictment are Michael Lacey, 69, of Paradise Valley, Arizona; James Larkin, 68, of Paradise Valley, Arizona; Scott Spear, 67, of Scottsdale, Arizona; John E. “Jed” Brunst, 66, of Phoenix, Arizona; Daniel Hyer, 49, of Dallas, Texas; Andrew Padilla, 45, of Plano, Texas and Jaala Joye Vaught, 37, of Addison, Texas.
Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, First Assistant U.S. Attorney Elizabeth A. Strange for the District of Arizona, U.S. Attorney Nicola T. Hanna of the Central District of California, FBI Director Christopher A. Wray, U.S. Postal Inspection Service Chief Postal Inspector Guy Cottrell and Chief Don Fort of Internal Revenue Service Criminal Investigation (IRS-CI) made the announcement.
“For far too long, Backpage.com existed as the dominant marketplace for illicit commercial sex, a place where sex traffickers frequently advertised children and adults alike,” said Attorney General Sessions. “But this illegality stops right now. Last Friday, the Department of Justice seized Backpage, and it can no longer be used by criminals to promote and facilitate human trafficking. I want to thank everyone who made this important seizure possible: all of our dedicated and committed professionals in the Child Exploitation and Obscenity Section and our U.S. Attorney’s Office in the District of Arizona, the FBI, our partners with the IRS Criminal Investigation, our Postal Inspectors, and the Texas and California Attorney Generals’ offices. With their help, we have put an end to the violence, abuse, and heartache that has been perpetrated using this site, and we have taken a major step toward keeping women and children across America safe.”
“Backpage has earned hundreds of millions of dollars from facilitating prostitution and sex trafficking, placing profits over the well-being and safety of the many thousands of women and children who were victimized by its practices,” said First Assistant U.S. Attorney Elizabeth A. Strange. “It is appropriate that Backpage is now facing criminal charges in Arizona, where the company was founded, and I applaud the tremendous efforts of the agents who contributed to last Friday’s enforcement action and who assisted in obtaining the indictment in this case. Some of the internal emails and company documents described in the indictment are shocking in their callousness.”
“This website will no longer serve as a platform for human traffickers to thrive, and those who were complicit in its use to exploit human beings for monetary gain will be held accountable for their heinous actions,” said FBI Director Wray. “Whether on the street or on the Internet, sex trafficking will not be tolerated. Together with our law enforcement partners, the FBI will continue to vigorously combat this activity and protect those who are victimized.”
“The events of last Friday and today are a big win, not only for the agents who investigated these crimes, but more importantly for the victims, including children, who were harmed as a consequence of the alleged actions of Backpage.com,” said Chief Postal Inspector Cottrell. “By laundering the illegal gains of an enterprise, Backpage perpetuated the exploitation of victims and continued to finance their business. The U.S. Postal Inspection Service is committed to protecting our customers by stopping the money laundering to ensure the cycle of victimization ends.”
“An indictment of this magnitude is particularly troubling when you look at the various layers of corruption and exploitation that are alleged to have occurred,” said IRS-CI Chief Fort. “The masterminds behind Backpage are not only alleged to have committed egregious amounts of financial crimes such as money laundering, they did so at the expense of innocent women and children. While these types of investigations can be made more challenging with the use of virtual currency, offshore banking, and the anonymity of the Internet, it should serve as an example to all criminals that there is not a place they can hide where we will not find them.”
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The effort to seize Backpage was led by the Justice Department’s Child Exploitation and Obscenity Section and the U.S. Attorney’s Office for the District of Arizona, with significant support from the U.S. Attorney’s Office for the Central District of California, the office of the California Attorney General, and the office of the Texas Attorney General. The law enforcement agencies conducting the investigation and seizure include the FBI Phoenix Field Office, the U.S. Postal Inspection Service and IRS-CI. The criminal case is being prosecuted by Assistant U.S. Attorneys Kevin Rapp, Dominic Lanza, and Margaret Perlmeter of the District of Arizona and Senior Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section. Assistant U.S. Attorney John Kucera of the Central District of California is handling the asset forfeiture aspects of the case.Justice Department Continues Enforcement Actions Across the Country to Stop and Punish Dishonest Tax Return PreparersRead the Press Release
With the tax season in full swing, the Justice Department warns taxpayers to avoid unscrupulous tax return preparers who seek to harm taxpayers, and also reminds taxpayers that they could still be responsible for any unpaid taxes, penalties, and interest, resulting from errors made on their returns.
In the last year, the Justice Department’s Tax Division, in collaboration with U.S. Attorney’s Offices, filed dozens of civil and criminal actions throughout the United States seeking court orders to shut down tax return preparers who allegedly prepared false tax returns and to punish dishonest tax return preparers for their fraudulent activities.
“The Tax Division will continue to protect the American public by holding fraudulent tax return preparers accountable,” said Principal Deputy Assistant Attorney General Richard E. Zuckerman. “The Justice Department is committed to working with the IRS to stamp out this fraud.”
In the past decade, the Tax Division has obtained convictions and injunctions against hundreds of unscrupulous return preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns 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.
Examples of some of the criminal convictions obtained by the Tax Division in the last year include:
- In January 2018, a Kansas City, Kansas tax return preparer was sentenced to 96 months in prison for preparing income tax returns for clients that reported false business income and losses, medical and dental expense deductions, job-related expenses, charitable donations, and other fraudulent items.
- In August 2017, a Gulfport, Mississippi tax return preparer was sentenced to 48 months in prison for obstructing the internal revenue laws and aiding in the preparation of a false tax return. She ran a home-based tax return preparation business where she instructed several of her clients, who owed income taxes to the IRS, to write payment checks directly to her rather than to the IRS. She kept these funds for herself and used the money to gamble at local casinos. Typically, she provided copies of accurate returns to her clients, but then did not file any return with the IRS.
- In April 2017, a San Diego, California tax return preparer was sentenced to 37 months in prison for preparing fraudulent tax returns. She prepared fraudulent returns for her clients that reported fake business losses, charitable contributions, and medical, dental, education and unreimbursed employee expenses. In total, her conduct caused a tax loss of more than $1.2 million.
Examples of some of the civil injunctions obtained by the Tax Division in the last year include:
- In October 2017, a federal court in Houston, Texas permanently enjoined a woman and a corporation from preparing federal tax returns for others. According to the government’s complaint, the woman, through her business, routinely prepared federal tax returns for customers that reported false expense deductions, as well as false claims for education tax credits and improper dependents.
- In September 2017, a federal court in Detroit, Michigan permanently barred a tax return preparation company and its owner from operating a tax return preparation business and preparing federal tax returns for others. The owner prepared tax returns with false income and expenses, bogus dependents, improper filing statuses, and false itemized deductions, all with the purpose of fraudulently maximizing customer refunds and refundable credits, according to the government’s complaint.
- In July 2017, a federal court in New York permanently enjoined the owners and their multiple businesses from preparing federal tax returns for others. The owners prepared federal tax returns for customers that contained false or erroneous claims for education tax credits, fuel tax credits, and the Earned Income Tax Credit, according to the government’s complaint.
When return preparers violate these civil injunction orders, the Tax Division is committed to holding them responsible:
- In December 2017, a Louisiana woman, who continued to file returns even after a federal judge permanently enjoined her from preparing returns, was sentenced to seven years in prison for filing fraudulent income tax returns. She filed returns that included fake business losses, deductions, and tax credits in order to fraudulently increase her clients’ refunds.
- In November 2017, a federal court in Florida found a woman in contempt of the court’s injunction barring her from preparing tax returns for others. The court ordered her to pay the government $11,572.57 as a sanction for costs incurred investigating her contempt.
- In May 2017, a federal court in Maryland found that a man had violated the court’s previous permanent injunction barring him from preparing tax returns for others and from operating a tax preparation business. The court ordered that he comply with the previously entered injunction and that he pay the United States $29,914.38 for its costs incurred investigating whether he had complied with the injunction.
Tax return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2018 and taxpayers seeking a return preparer should remain vigilant. The IRS has some information on its website about selecting a return preparer and has launched a free directory of federal tax preparers. Also, the IRS has a list of steps on its website that you can take now in anticipation of filing your 2017 federal income tax return and ten tips for choosing a tax preparer.
Former Police Officer Indicted for Deprivation of Civil Rights and Falsification of RecordsRead the Press Release
A former police officer with the Village of Biscayne Park had his initial appearance today on an indictment in Miami for deprivation of civil rights under color of law against two individuals on separate occasions and for falsifying records in a federal investigation. Acting Assistant Attorney General John Gore of the Civil Rights Division, U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, Katherine Fernandez Rundle, Miami-Dade State Attorney, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), made the announcement.
Guillermo Ravelo, 37, of Miami, Florida, is charged with depriving persons of their civil rights under color of law, in violation of Title 18, United States Code, Section 242 (Counts 1 and 3), and falsifying records in a federal investigation, in violation of Title 18, United States Code, Section 1519 (Counts 2 and 4). If convicted of all charges, Ravelo faces a statutory maximum sentence of 60 years in prison.
According to the allegations contained in the indictment, on April 7, 2013, officer Ravelo responded to a request for assistance from another Biscayne Park police officer who had conducted a traffic stop. During the arrest of the driver, officer Ravelo struck the driver with his fist. In a separate incident, on June 14, 2013, while still employed as a police officer with the Biscayne Park Police Department, officer Ravelo responded to a call concerning an ongoing vehicle burglary in Biscayne Park and struck the suspect with a blunt object. Both assaults resulted in bodily injury, and on both occasions officer Ravelo falsified the police reports by misstating the circumstances of the arrests and by omitting that he struck both of the victims.
The investigation was led by the FBI, including the FBI Miami Area Corruption Task Force, FDLE, and the Miami-Dade State Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr., Department of Justice Trial Attorney Donald W. Tunnage, and Assistant State Attorney Trent Reichling.
An indictment merely contains accusations. A defendant is presumed innocent, unless and until proven guilty in a court of law.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Department of Justice and Health and Human Services Return $2.6 Billion in Taxpayer Savings from Efforts to Fight Healthcare FraudRead the Press Release
Health and Human Services Secretary Alex Azar and Attorney General Jeff Sessions today released a fiscal year (FY) 2017 Health Care Fraud and Abuse Control Program report showing that for every dollar the federal government spent on healthcare related fraud and abuse investigations in the last three years, the government recovered $4. Additionally, the report shows that the departments’ FY 2017 Takedown event was the single largest healthcare fraud enforcement operation in history.
In FY 2017, the government’s healthcare fraud prevention and enforcement efforts recovered $2.6 billion in taxpayer dollars from individuals and entities attempting to defraud the federal government and Medicare and Medicaid beneficiaries. Some of these fraudulent practices include:- Providers operating “pill mills” out of their medical offices.
- Providers submitting false claims to Medicare for ambulance transportation services.
- Clinics submitting false claims to Medicare and Medicaid for physical and occupational therapy.
- Drug companies paying kickbacks to providers to prescribe their drugs, and pharmacies soliciting and receiving kickbacks from pharmaceutical companies for promoting their drugs.
- Companies misrepresenting capabilities of their electronic health record software to customers.
“Taxpayers work hard every day to help fund government programs for our fellow Americans,” Attorney General Sessions said. “But too many trusted medical professionals like doctors, nurses and pharmacists have chosen to violate their oaths and exploit this generosity to line their pockets, sometimes for millions of dollars. At the Department of Justice, we have taken historic new actions to incarcerate these criminals and recover stolen funds, including executing the largest healthcare fraud enforcement action in American history. These achievements are important, but the department's work is not finished. We will keep up this pace and continue to prosecute fraudsters so that we can give financial relief to taxpayers.”
“Today’s report highlights the success of HHS and DOJ’s joint fraud-fighting efforts,” said HHS Secretary Azar. “By holding individuals and entities accountable for defrauding our federal health programs, we are protecting the programs’ beneficiaries, safeguarding billions in taxpayer dollars, and, in the case of pill mills, helping stem the tide of our nation’s opioid epidemic.”
The Departments of Justice (DOJ) and Health and Human Services (HHS), through the Health Care Fraud Prevention and Enforcement Action Team (HEAT) effort, use data analytics and surveillance to crack down on, prevent and prosecute healthcare fraud. While the program continues to be very successful, the return on investment fluctuates from year to year, in part because cases resulting in large settlements take multiple years to complete. Additionally, there has been a reduction in large monetary settlements as many of the large pharmaceutical manufacturers have entered into Corporate Integrity Agreements with the HHS Office of the Inspector General to establish protections against fraudulent activities.
With teams comprised of law enforcement agents, prosecutors, attorneys, auditors, evaluators and other staff, last year DOJ opened 967 new criminal healthcare fraud investigations of which federal prosecutors filed criminal charges in 439 cases involving 720 defendants. A total of 639 defendants were convicted of healthcare fraud related crimes. In FY 2017, the DOJ and HHS joint Medicare Fraud Strike Force filed 253 indictments and charges against 478 defendants who allegedly billed federal healthcare programs more than $2.3 billion. The Strike Force obtained more than 290 guilty pleas, litigated 33 jury trials and won guilty verdicts against 40 defendants. The Fraud Strike Force secured prison sentences for more than 300 defendants, with an average sentence of 50 months. Since its inception in 2007, Strike Force prosecutors filed more than 1,660 cases charging more than 3,490 defendants who collectively billed the Medicare program more than $13 billion.
Beyond criminal prosecution, the HHS Office of Inspector General (OIG) remains vigilant in excluding providers and suppliers who committed fraud or engaged in the abuse or neglect of patients in federal health programs. A total of 3,244 individuals and entities were excluded in FY 2017. Others were excluded as a result of licensure revocations. These exclusions help to safeguard beneficiaries from future harm that could otherwise be inflicted by such convicted individuals or entities. HHS can also suspend Medicare payments to providers during investigations of credible allegations of fraud. During FY 2017, there were 551 related payment suspensions. More than 4 million claims are reviewed by Medicare each day; resulting in more than one billion claims processed annually for timely payments to healthcare providers and suppliers. Given the volume of claims processed by Medicare each day and the significant cost associated with conducting medical review of an individual claim, the Centers for Medicare and Medicaid Services uses automated edits to help prevent improper payments without the need for manual intervention. The National Correct Coding Initiative consists of edits designed to reduce improper payments in Medicare Part B, and this program saved Medicare $186.9 million during the first nine months of FY 2017.
As the opioid epidemic continues to devastate communities and families across the nation, both DOJ and HHS are responding with new approaches. One out of every three beneficiaries received prescription opioids through Medicare Part D in 2016. Additionally, 401 prescribers were found to have questionable prescribing patterns for beneficiaries at serious risk of opioid misuse or overdose, based on an OIG analysis. Last July, DOJ and HHS announced the largest ever healthcare fraud enforcement action, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in healthcare schemes involving approximately $1.3 billion in false billings. Of those charged, more than 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.
In August, Attorney General Sessions announced the formation of the Opioid Fraud and Abuse Detection Unit, a new DOJ pilot program that will use data to help combat and prosecute individuals and entities involved in illegal activities that fuel the crisis. As part of that task force, the department funded 12 experienced assistant United States attorneys for a three-year term to focus solely on investigating and prosecuting healthcare fraud related to prescription opioids, including pill mill schemes and pharmacies that unlawfully divert or dispense prescription opioids for illegitimate purposes. Those prosecutors have already charged several with unlawful distribution of opioids, and their continued success is crucial in combatting this deadly epidemic.
For more details on the Health Care Fraud and Abuse Control Program and today’s report, visit: https://oig.hhs.gov/publications/docs/hcfac/FY2017-hcfac.pdfAttorney General Sessions Names David Muhlhausen Executive Director of Federal Interagency Council on Crime Prevention and Improving ReentryRead the Press Release
Attorney General Jeff Sessions today named Director of the National Institute of Justice Dr. David Muhlhausen as Executive Director of Federal Interagency Council on Crime Prevention and Improving Reentry (FIRC) and announced that Ja’Ron Smith, Domestic Policy Council Director of Urban Affairs and Revitalization, was also announced as the White House liaison to the FIRC.
"Recidivism rates in this country are unacceptably high," Attorney General Sessions said. "That means more costs for society, more dangerous work for our law enforcement officers, and more crime. That's why, under President Trump's leadership, the Department of Justice is committed to improving outcomes for those reintegrating into society who want to abide by our laws. The FIRC plays a critical role in making that progress possible, and so I want to thank Director Muhlhausen for his willingness to serve and for his hard work on this issue already. I am confident that he will be a success in this new position."
The FIRC was established in response to Executive Order 13826 on March 7, 2018 and is co-chaired by Attorney General Sessions, the Assistant to the President for Domestic Policy Andrew P. Bremberg, and the Senior Advisor to the President in charge of the White House Office of American Innovation Jared Kushner. The FIRC is part of President Trump’s effort to encourage prison reform, reduce recidivism, combat crime, and improve public safety.
Director Muhlhausen joined the National Institute of Justice in 2017. Previously, he served as a research fellow in empirical policy analysis at the Heritage Foundation, where he worked since 1999. Dr. Muhlhausen has testified frequently before Congress on the efficiency and effectiveness of various Federal programs. He has been called by the House and Senate Committees on the Judiciary to discuss how to improve policing strategies, prisoner reentry programs, and other important criminal justice programs.
The National Institute of Justice is dedicated to improving knowledge and understanding of crime and justice issues. The Institute provides objective and independent research and tools to inform the decision-making of policymakers in order to reduce crime and advance justice, particularly at the state and local levels.
More information about the National Institute of Justice can be found at www.nij.gov. More information about OJP can be found at www.ojp.gov.Attorney General Announces Zero-Tolerance Policy for Criminal Illegal EntryRead the Press Release
Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. The implementation of the Attorney General’s zero-tolerance policy comes as the Department of Homeland Security reported a 203 percent increase in illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018—the largest month-to-month increase since 2011.
“The situation at our Southwest Border is unacceptable. Congress has failed to pass effective legislation that serves the national interest—that closes dangerous loopholes and fully funds a wall along our southern border. As a result, a crisis has erupted at our Southwest Border that necessitates an escalated effort to prosecute those who choose to illegally cross our border,” said Attorney General Jeff Sessions. “To those who wish to challenge the Trump Administration’s commitment to public safety, national security, and the rule of law, I warn you: illegally entering this country will not be rewarded, but will instead be met with the full prosecutorial powers of the Department of Justice. To the Department’s prosecutors, I urge you: promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. You play a critical part in fulfilling these goals, and I thank you for your continued efforts in seeing to it that our laws—and as a result, our nation—are respected.”
On April 11, 2017, Attorney General Jeff Sessions announced a renewed commitment to criminal immigration enforcement. As part of that announcement, the Attorney General issued a memorandum to all federal prosecutors and directed them to prioritize the prosecution of certain criminal immigration offenses.
Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border (i.e., Southern District of California, District of Arizona, District of New Mexico, Western District of Texas, and the Southern District of Texas) to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent practicable.
Three Gang Members Agree to Plead Guilty to Federal Hate Crime Charges Related to Firebombing of African-American ResidencesRead the Press Release
The Justice Department today announced that three East Los Angeles men have agreed to plead guilty to federal civil rights and racketeering charges for participating in the 2014 firebombing of African-American residences inside the Ramona Gardens Housing Development.
On the night of May 11, 2014, eight members of the Big Hazard street gang, which claims Ramona Gardens as its territory, assembled, prepared Molotov cocktails, drove outside of Ramona Gardens, then reentered the housing development on foot to avoid its security cameras. Once the gang members located their pre-selected targets, they smashed the windows of four apartments and threw lit Molotov cocktails into the residences, according to the plea agreements. Three of the four targeted apartments were occupied by African-American families, including women and children, who were sleeping at the time of the unprovoked attack.
In plea agreements filed today in the Central District of California, the three defendants – Jose Saucedo, aka “Lil’ Moe,” 24, Edwin Felix, aka “Boogie,” 26, and Jonathan Portillo, aka “Pelon,” 23, all members of the Big Hazard street gang – admitted that they targeted the apartments because of the occupants’ race and color, and with the intent to force the victims to move away from the federally funded housing complex in the Boyle Heights section of Los Angeles.
“The defendants’ racially motivated and unprovoked attack on families sleeping peacefully in their homes caused fear and destruction,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to vigorously prosecute violent acts of hate.”
“It was a miracle that no one was injured in these racially motivated attacks,” said United States Attorney Nicola T. Hanna. “These defendants have admitted their goal was to drive African Americans out of this housing facility. This simply will not be tolerated, and we will take any and all steps necessary to protect the civil rights of every person who lives in the United States.”
"The innocent victims of this cold-blooded attack were targeted based on the color of their skin," said Paul D. Delacourt, the Assistant Director in Charge of the FBI's Los Angeles Field Office. "I'm proud of the agents, detectives and prosecutors who identified the defendants and continue to investigate this very challenging case. These plea agreements are the first step in delivering justice to the victims, as well as delivering the universal message that there is no place for racially motivated hatred or violence in the United States."
All three defendants have agreed to plead guilty to conspiring to violate the civil rights of the African-American families, specifically the constitutional right to live in a residence free from “injury, intimidation and interference based on race.”
The three defendants have also agreed to plead guilty to using force – a dangerous weapon, namely, explosives, and fire – to injure, intimidate and interfere with the African-American residents because of their race and because they were living in the Ramona Gardens Housing Development. They also agreed to plead guilty to committing a violent crime in aid of racketeering on behalf of the Hazard gang.
In addition, Portillo has agreed to plead guilty to a charge of using fire to commit another federal felony. Saucedo and Felix have agreed to plead guilty to a charge of attempted malicious damage of federal property through the use of fire. Once they enter their guilty pleas, all three defendants will face potential sentences of over 30 years in federal prison.
Three other members of the Big Hazard gang who were charged in this case – Francisco Farias, aka “Bones,” 27, Joel Matthew Monarrez, aka “Gallo,” 23; and Jose Zamora, aka “Fresco,” 28 – previously pleaded guilty to federal hate crimes and related offenses. These defendants are pending sentencing.
The final two defendants charged in this case, Carlos Hernandez, aka “Rider,” 33, and Josue Garibay, aka “Malo,” 24, are scheduled for trial before United States District Judge Christina A. Snyder on July 31.
According to an indictment unsealed in the summer of 2016, Hernandez instructed the other defendants to meet at a location in Hazard gang territory on Mother’s Day in 2014, to prepare for the attack. At the meeting, Hernandez allegedly distributed materials to be used during the firebombing, including disguises, gloves, and other materials. Hernandez explained that the order for the racially motivated attack had come from the Mexican Mafia, a prison gang that controls the majority of Hispanic gangs in Southern California.
Furthermore, according to the indictment, Hernandez instructed the other defendants to break the victims’ windows, allowing the Molotov cocktails to make a clean entry, ignite the firebombs, and throw them into the victims’ residences in order to maximize damage. One of the victims, a mother sleeping on her couch with her infant child in her arms, narrowly missed being struck by one of the defendants’ firebombs.
The investigation into the firebombing is being conducted by agents and detectives with the Federal Bureau of Investigation; the Los Angeles Police Department; the Los Angeles Fire Department; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is being prosecuted by Assistant United States Attorney Mack E. Jenkins, Chief of the Public Corruption and Civil Rights Section, and Justice Department Trial Attorney Julia Gegenheimer of the Civil Rights Division’s Criminal Section.
Sentencings for April 2 & April 4, 2018Read the Press Release
JOSEPH EDWARD MILLER, 41, of Arapahoe, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on April 4, 2018, for conspiracy to distribute methamphetamine. Miller was arrested in Arapahoe, Wyoming. He received 36 months of probation and was ordered to pay a $100.00 special assessment and a $400.00 fine. This case was investigated by the Fremont County Sheriff’s Office, the Wyoming Division of Criminal Investigation, the Tribal Fish and Game, the Bureau of Indian Affairs, the Federal Bureau of Investigation and the U.S. Drug Enforcement Administration.
WOLF ELKINS DURAN, 25, of Casper, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on April 2, 2018, for possession of child pornography. Duran was arrested in Casper, Wyoming. He received 57 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay $8,500.00 in restitution and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force and the U.S. Department of Homeland Security.
Resident of Grapevine, Texas Pleads Guilty to Fraud and Weapons ChargesRead the Press Release
CONCORD - Steven Orr, 53, of Grapevine, Texas, pleaded guilty to defrauding victims in New Hampshire and Illinois and unlawfully possessing a firearm, United States Attorney Scott W. Murray announced today.
According to court documents, in June of 2017, Orr offered to sell four loaders to a company in Windham, New Hampshire for $120,000. Unaware that Orr did not own or have authority to sell the loaders, the New Hampshire company arranged for a third party to inspect the loaders and had $120,000 electronically transferred from its bank account in New Hampshire to Orr’s personal bank account in Grapevine, Texas. After the deposit was made, Orr used the money for his personal benefit.
In August of 2017, Orr agreed to sell 21 cranes owned by a company in Joliet, Illinois to a different company in Lemont, Illinois for $2.2 million. Orr did not own the cranes or have the authority to sell them. At Orr’s direction, the company in Lemont wire transferred a $550,000 deposit for the transaction from its bank account in Chicago, Illinois, to Orr’s personal bank account in Texas. After that deposit was made, Orr used the money for his personal benefit.
According to other court documents, it was unlawful for Orr to possess a firearm because he was a convicted felon. Nevertheless, when Special Agents from the FBI arrested Orr in Texas last September, they found a Sig Sauer .40 caliber pistol and a Taurus .380 caliber pistol in a safe that was inside a recreational vehicle that Orr was renting.
Orr pleaded guilty to two counts of wire fraud and one count of possession of a firearm by a convicted felon. He is scheduled to be sentenced on July 17, 2018.
“This prosecution will put an end to this defendant’s fraud schemes,” said U.S. Attorney Murray. “I commend the FBI for its hard work in tracking down this fraudster and bringing him to justice. This case also demonstrates our ongoing commitment to prosecuting those who possess firearms unlawfully.”
“Mr. Orr is finally accepting responsibility for stealing hundreds of thousands of dollars from hard-working businesses that trusted him. He conned them into purchasing equipment he did not own for his own personal benefit,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “Financial fraud is not a victimless crime, and the FBI will continue to do everything it can to root out individuals like Mr. Orr whose behavior threatens the financial security of others.”
The cases were investigated by the Federal Bureau of Investigation and are being prosecuted by Assistant United States Attorney Robert M. Kinsella.
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Former Vessel Captain Convicted of Discharging Oily Waste into the OceanRead the Press Release
Randall Fox, one-time captain of the fishing vessel Native Sun, was found guilty today in U.S. District Court in Seattle of discharging oily waste directly into the ocean, a felony violation of the Act to Prevent Pollution from Ships. The jury deliberated 5 hours following a three-day trial before U.S. District Judge John C. Coughenour. Randall Fox faces a maximum of six years in prison and a criminal fine of up to $250,000.
“Today’s conviction shows that illegal dumping in our oceans will not be tolerated,” said Acting Assistant Attorney General Jeff Wood of the Justice Department’s Environment and Natural Resources Division (ENRD). “The Department of Justice will continue to work with our partners like the U.S. Coast Guard to aggressively prosecute criminals that pollute the oceans.”
The Act to Prevent Pollution from Ships specifically prohibits the discharge of bilge slops and other oily mixtures, unless they have been properly treated using approved pollution prevention equipment and meet rigorous standards. The act implements America’s obligations under an international treaty to control pollution by ocean-going vessels.
The government alleged and proved that Randall Fox discharged bilge slops from the Native Sun directly overboard into the ocean using unapproved pumps and hoses. One of these discharges was video-recorded by a crewmember, who reported the crime to authorities. Other evidence at trial established that the Native Sun had repeatedly pumped its bilges in the same manner depicted in the video. Bingham Fox, the defendant’s father and the owner of the Native Sun, was convicted at trial of related crimes a year ago.
This case was investigated by the U.S. Coast Guard. The case is being prosecuted by trial attorneys Todd W. Gleason and Stephen Da Ponte of ENRD’s Environmental Crimes Section.
The United States and Missouri Reach Agreement with Doe Run Resources Corporation on Cleanup of More Than 4,000 Lead-Contaminated Residential Yards in MissouriRead the Press Release
The United States, together with the State of Missouri, announced a consent decree today that requires the Doe Run Resources Corporation (Doe Run) to clean up more than 4,000 lead-contaminated residential properties near the Big River Mine Tailings Site in St. Francois County, Missouri. The consent decree is subject to a 30-day public comment period.
According to the settlement terms, Doe Run is required to excavate lead contaminated soil on approximately 4,100 affected residential properties, and to perform additional cleanup at the Hayden Creek mine waste area.
“Under today’s action by DOJ, EPA, and the State of Missouri, Doe Run has agreed to take significant actions to address lead contamination at thousands of residential properties in St. Francois County,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “Part of the ‘Old Lead Belt,’ this area is in the midst of one of the largest former lead mining districts in the world. Timely action to clean up these contaminated areas is vital to the surrounding communities.”
“Protecting our communities from the toxic effects of lead is one of Administrator Pruitt’s top priorities,” EPA Region 7 Administrator Jim Gulliford said. “I am pleased that this agreement will result in the cleanup of more than 4,000 residential properties, helping to protect the residents of St. Francois County.”
Historical mining activities in St. Francois County released hazardous heavy metals, including lead, cadmium, and zinc, onto residential properties. This settlement is a mixed funding arrangement where EPA will contribute up to $31.54 million toward the cleanup, which is estimated to cost a total of $111 million.
Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing. During the 2013 to 2016 period, there were approximately 200,000 children across the nation ages 1-5 years with elevated blood lead levels above 5 micrograms per deciliter, the reference level that the Centers for Disease Control and Prevention uses to identify children with blood lead levels that are much higher than most children’s levels and who require case management.
In the three zip codes comprising the majority of the Big River Mine Tailings Site, between 9.3 percent and 16.7 percent of children have an elevated blood lead level above 5 micrograms per deciliter.
Reducing childhood lead exposure and addressing associated health impacts is a top priority for the Trump Administration and EPA. On February 15, EPA Administrator Scott Pruitt hosted key members of the Trump Administration to collaborate on a federal strategy making childhood lead exposure a priority for their respective departments and agencies.
Through the Superfund Task Force he established in May 2017, Administrator Pruitt is also revitalizing EPA’s Superfund Program to prioritize and take action to expeditiously establish control over any Superfund site where the risk of human exposure is not fully controlled. The cleanup of these residential properties reflects EPA’s commitment to reduce human exposure, especially children’s exposure, to hazardous substances.
The consent decree was lodged in the U.S. District Court for the Eastern District of Missouri. Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment. The consent decree will available for viewing at www.justice.gov/enrd/Consent_Decrees.html.
Statement by Attorney General Sessions on National Guard DeploymentRead the Press Release
Attorney General Jeff Sessions issued the following statement on border security:
“Earlier this week, media outlets reported that a so-called ‘migrant caravan’ was making its way through Mexico with the intent of illegally crossing the southern border of the United States. The President was clear that this caravan needed to be stopped before it arrived at our southern border, and his efforts now appear to be successful. But let me be clear as well: we will not accept the lawlessness of these types of efforts and those who choose to violate our laws, and those who conspire to assist others to violate our laws, will face criminal prosecution.
“When I visited Nogales, Arizona, in April 2017, I announced my direction to federal prosecutors to prioritize the prosecution of all illegal entry, illegal reentry, and alien smuggling offenses. We have surged hundreds of immigration judges to our border over the last year. We hired new judges at the fastest pace ever. We added performance metrics to ensure that these cases aren’t languishing in the courts while illegal aliens spend years living in our country without consequences. We will have a more efficient and effective immigration court system that supplies due process. As such, aliens who enter our country illegally should be aware that the government will use any and all lawful tools, including expedited removal and prompt immigration proceedings, to ensure that our immigration courts will not be burdened with cases that lack merit under the law.
“But this will not be enough if Congress does not act to pass clear, fair, and effective legislation that ends the illegality and creates a system that serves the national interest is crucial at this time. It is essential for Congress to act.
“The Department of Justice fully supports the efforts of the Departments of Defense and Homeland Security announced today to secure our border. I will soon be announcing additional Department of Justice initiatives to restore legality to the southern border.”Former Arkansas Juvenile Detention Officer Pleads Guilty to Assaulting Juvenile DetaineeRead the Press Release
The Justice Department today announced that former White River Juvenile Detention Center officer Jason Benton, 43, pleaded guilty today in federal court to using pepper spray to assault a fifteen-year-old boy, and for obstructing justice by falsifying an incident report about that assault.
According to the guilty plea, Benton instructed the juvenile, who was locked in his cell, to be quiet. Benton then had the juvenile’s cell door opened and ordered the juvenile to come out of his cell with his mattress. The juvenile picked up his mattress as instructed. As the juvenile turned to face the cell door, holding the mattress in both arms, Benton pepper sprayed the juvenile in the face from a distance of a few inches. Benton continued spraying the juvenile as he tried to turn his head away from the spray. Benton then took the juvenile to the ground. Benton covered up the assault when he falsified an incident report, saying that the juvenile had attempted to lunge at him with his fists clenched, when in fact the juvenile had posed no physical threat.
Benton is the third former officer to plead guilty to charges stemming from assaults on juvenile detainees at the White River Juvenile Detention Center. On April 26, 2017, former White River supervisors Captain Peggy Kendrick, 44, and Lieutenant Dennis Fuller, 40, pleaded guilty to conspiring to assault juvenile detainees. Kendrick also pleaded guilty to assaulting a sixteen-year-old girl using pepper spray and for obstructing justice. Kendrick and Fuller await sentencing. Two other former White River Juvenile Detention Center officers, Will Ray, 26, and Thomas Farris, 48, are scheduled to begin trial on Aug. 28, before Senior United States District Judge Billy Roy Wilson in Little Rock on related charges of conspiring to assault and assaulting juveniles.
“Federal law protects all individuals – including those who are incarcerated – from the use of excessive force by those acting under color of law,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We will vigorously investigate and prosecute officers who break the public trust in this way.”
“When law enforcement officers violate the law and the public trust, they will be prosecuted and held accountable,” said U.S. Attorney for the Eastern District of Arkansas Cody Hiland. “There will be no exception. This officer broke his oath to uphold the Constitution, injured a juvenile in the process, and then tried to cover it up. That is a crime, and those who commit crimes will be punished accordingly.”
Benton faces a statutory maximum sentence of 30 years in prison.
This case is being investigated by the FBI’s Little Rock Division. It is being prosecuted by Assistant U.S. Attorney Julie Peters of the Eastern District of Arkansas and Trial Attorney Samantha Trepel of the Civil Rights Division.
Owner of Michigan Payroll Companies Pleads Guilty to Employment Tax FraudRead the Press Release
A resident of West Bloomfield, Michigan, pleaded guilty today to willfully failing to pay over employment taxes to the Internal Revenue Service (IRS), 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, Dino Rotondo owned and operated four professional employer organizations (PEOs) located in Troy, Michigan, which provided payroll-related services to client companies. Rotondo processed payroll and agreed to withhold from client employee paychecks, and send to the IRS, the employment taxes that were due. Despite this obligation, Rotondo did not pay to the IRS employment tax withholdings that his PEOs collected during 2012 and the first quarter of 2013.
Rotondo also admitted that he did not pay to the IRS employment taxes due for an additional business that he owned. In total, Rotondo did not pay more than $1.5 million in employment taxes owed to the IRS.
U.S. District Judge Bernard A. Friedman scheduled sentencing for Jan. 18, 2019. Rotondo faces a statutory maximum sentence of five years in prison. He also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Abigail Burger Chingos and Jeffrey Bender, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Justice Department Sues to Stop Attorney from Promoting Nationwide Charitable Giving Tax SchemeRead the Press Release
The United States filed a civil complaint seeking to permanently bar Michael L. Meyer, of Southwest Ranches, Florida, from providing federal tax advice for compensation because Meyer allegedly promotes, organizes, and executes a national charitable giving tax scheme that has cost the United States Treasury more than $35 million. The complaint alleges that Meyer executes his scheme through three bogus charities that he controls. The United States also seeks to disgorge the fees that Meyer received from the scheme.
According to the complaint filed in the United States District Court for the Southern District of Florida, Meyer, an attorney licensed in Kentucky and Indiana, advises scheme participants to claim unwarranted charitable deductions for purported contributions to one of three bogus charities that Meyer controls. The complaint alleges that the purported donations are made on paper only and the participants never actually surrender dominion or control of the donated property to the charities. Some of the purported contributions allegedly consist solely of backdated promissory notes created by Meyer as well as fabricated intellectual property. The complaint alleges that Meyer prepares baseless appraisals and false federal tax forms to facilitate the scheme.
Meyer allegedly markets his charitable giving tax scheme nationwide through financial planners and CPAs, and he executes every material aspect of the scheme. The complaint alleges that Meyer sells his scheme by making demonstrably false statements about his experience and credentials, including falsely claiming that he is a licensed Certified Public Accountant and Certified Valuation Analyst, and by making false statements about the legality of his tax scheme.
Return preparer fraud, abusive tax shelters, and transactions involving fake charities are three of the IRS’s Dirty Dozen Tax Scams for 2018, and taxpayers seeking a tax return preparer or a tax adviser should remain vigilant. Information about these cases is available on the Justice Department 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.
Justice Department Requires Knorr and Wabtec to Terminate Unlawful Agreements Not to Compete for EmployeesRead the Press Release
The Department of Justice announced today that it has reached a settlement with Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec), two of the world’s largest rail equipment suppliers, to resolve a department lawsuit alleging that the companies had for years maintained unlawful agreements not to compete for each other’s employees. The lawsuit further alleges that the companies entered into similar “no-poach” agreements with rail equipment supplier Faiveley Transport S.A. before Faiveley was acquired by Wabtec in November 2016.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to challenge Knorr and Wabtec’s no-poach agreements. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the department’s competitive concerns and restore competition for employees, to the benefit of U.S. workers.
“The unlawful no-poach agreements challenged today restrained competition for employees and deprived rail industry workers of important opportunities, information, and the ability to obtain better terms of employment,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s settlement will restore competition for employees in the U.S. rail industry.”
“Today’s complaint is part of a broader investigation by the Antitrust Division into naked agreements not to compete for employees—generally referred to as no-poach agreements. As part of today’s settlement, Knorr and Wabtec are required to cooperate with the Antitrust Division in any investigation into additional no-poach agreements to which they may have been counterparties,” continued Assistant Attorney General Delrahim. The department has also agreed as part of the settlement that it will not bring further civil actions or criminal charges against Knorr or Wabtec in connection with any other potential no-poach agreements that the companies disclosed to the department prior to today’s lawsuit.
According to the department’s complaint, Knorr and Wabtec compete with each other to attract, hire, and retain various skilled employees, including project managers, engineers, executives, business unit heads, and corporate officers. The department’s complaint alleges that:
- Beginning no later than 2009, Knorr and Wabtec reached agreements not to solicit, recruit, hire without prior approval, or otherwise compete with one another for employees. For example, in a letter dated January 28, 2009, a director of Knorr Brake Company wrote to a senior executive at Wabtec’s headquarters, “[Y]ou and I both agreed that our practice of not targeting each other’s personnel is a prudent cause for both companies. As you so accurately put it, ‘we compete in the market.’”
- Beginning no later than 2011, Knorr Brake Company (a wholly-owned subsidiary of Knorr) and Faiveley Transport North America (the U.S. subsidiary of Faiveley before Faiveley was acquired by Wabtec) agreed to get the other’s permission before pursuing each other’s employees. For example, in October 2011, a senior executive at Knorr Brake Company explained that he had a discussion with an executive at Faiveley’s U.S. subsidiary that “resulted in an agreement between us that we do not poach each other’s employees. We agreed to talk if there was one trying to get a job[.]”
- Beginning no later than 2014, Wabtec Passenger Transit, a U.S. business unit of Wabtec, and Faiveley Transport North America similarly agreed not to hire each other’s employees without prior approval. For example, in an e-mail to his colleagues, a Wabtec Passenger Transit executive explained that a candidate for employment “is a good guy, but I don’t want to violate my own agreement with [Faiveley Transport North America].”
According to the complaint, the no-poach agreements between Knorr, Wabtec, and Faiveley restricted competition for U.S. rail industry workers, which limited their access to better job opportunities, restricted their mobility, and deprived them of competitively significant information that they could have used to negotiate for better terms of employment.
Under the antitrust laws, no-poach agreements that are naked (i.e., not reasonably necessary for a separate, legitimate business transaction or collaboration) eliminate competition in the same irredeemable way as agreements to fix product prices or allocate customers, which have traditionally been criminally investigated and prosecuted as hardcore cartel conduct. Beginning in October 2016, the department has made several announcements that it intends to bring criminal, felony charges against culpable companies and individuals who entered into these types of no-poach agreements. In an exercise of prosecutorial discretion, the department will pursue as civil violations no-poach agreements that were formed and terminated before those announcements were made. Knorr’s and Wabtec’s respective no-poach agreements were discovered by the Division and terminated by the parties before October 2016, prompting the Division to resolve its competition concerns through a civil action.
Under the terms of the proposed settlement, Wabtec and Knorr are prohibited from entering, maintaining, or enforcing no-poach agreements with any other companies, subject to limited exceptions. The settlement also requires Knorr and Wabtec to implement rigorous notification and compliance measures to preclude their entry into these types of anticompetitive agreements in the future.
The settlement includes several new provisions that are designed to improve the effectiveness of the decree and the Division’s future ability to enforce it. For example, the parties have agreed that the Division may prove any alleged violations of the decree by a preponderance of the evidence, and that they will reimburse American taxpayers for the costs of investigating and enforcing any violations.
Knorr-Bremse AG is a privately-owned German company with its headquarters in Munich, Germany. Knorr is a global leader in the development, manufacture, and sale of rail and commercial vehicle equipment. In 2017, Knorr had annual revenues of approximately $7.7 billion. Knorr Brake Company, a Delaware corporation with its headquarters in Westminster, Maryland, and New York Air Brake Corporation, a Delaware corporation with its headquarters in Watertown, New York, are wholly-owned subsidiaries of Knorr.
Westinghouse Air Brake Technologies Corporation (Wabtec), a Delaware corporation based in Wilmerding, Pennsylvania, is a global rail equipment supplier that provides a wide range of equipment used on passenger and freight trains. In 2017, Wabtec’s worldwide revenues were $3.88 billion. Wabtec Passenger Transit is a business unit of Wabtec based in Spartanburg, South Carolina.
Until its acquisition by Wabtec, Faiveley was a French société anonyme based in Gennevilliers, France. Faiveley was the world’s third-largest rail equipment supplier behind Wabtec and Knorr and had revenues of approximately €1.2 billion in 2016. Faiveley Transport North America, a New York corporation headquartered in Greenville, South Carolina, was a wholly-owned subsidiary of Faiveley.
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.
Justice Department Files Lawsuit to Shut Down Tax Preparation Businesses in St. Petersburg Area FloridaRead the Press Release
The United States has sued Steven M. Doletzky, Michael A. Garno, Michael A. Bass, and Florida corporations they used to operate Liberty Tax Service stores in the St. Petersburg, Florida area. The complaint seeks to permanently bar Doletzky, Garno, and Bass from preparing federal tax returns for others. In addition, the complaint seeks orders from the federal court requiring all defendants to disgorge to the United States any ill-gotten fees Doletzky, Bass, and Garno charged customers for the preparation of false or fraudulent federal tax returns, the Justice Department announced today.
According to the complaint, as part of his tax fraud scheme, Doletzky recruited homeless individuals as customers by offering food, beverages, and false promises of assistance with obtaining welfare benefits on their behalf. Doletzky allegedly obtained vans to transport homeless individuals to his Liberty Tax Service stores from locations in the St. Petersburg area where homeless people were known to congregate. Doletzky then directed others to prepare false tax returns on behalf of these homeless individuals that claimed fraudulent tax refunds, the bulk of which Doletzky retained as tax preparation fees, the complaint alleges.
According to the lawsuit, Doletzky directed the preparation of false or fraudulent tax returns at his Liberty Tax Service stores and provided tax preparation training to Garno and Bass before they became independent Liberty Tax Service franchisees. The complaint alleges that Doletzky, Garno, and Bass directed their preparers to prepare federal income tax returns that claimed fraudulent claims for tax credits, including for education credits and the Earned Income Tax Credit (EITC). For example, from 2013 to 2015, Doletzky, Garno, and Bass’ Liberty Tax Service stores allegedly prepared and filed federal income tax returns that claimed over 1,250 separate, false claims for education credits.
The IRS has a list of steps on their website that you can take now in anticipation of filing your 2017 federal income tax return and ten tips for choosing a tax preparer. 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 information on their website about selecting 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.
Deputy Attorney General Rod Rosenstein Announces Edward O’Callaghan as Acting Principal Associate Deputy Attorney GeneralRead the Press Release
Deputy Attorney General Rod Rosenstein today announced that Edward O’Callaghan will serve as the Acting Principal Associate Deputy Attorney General. O’Callaghan, who has been serving as the Principal Deputy Assistant Attorney General in the National Security Division, will replace Robert Hur, who is succeeding Rosenstein as the United States Attorney in the District of Maryland.
“Edward O’Callaghan has served the Department of Justice with distinction, excelling as a prosecutor in the Southern District of New York and most recently as the Principal Deputy Assistant Attorney General in the National Security Division. His experiences in a variety of roles throughout the Department will be invaluable as we work to protect our national security, reduce violent crime, and promote the rule of law,” said Deputy Attorney General Rosenstein. “I also want to thank Robert Hur for serving as the Principal Associate Deputy Attorney General. His counsel was invaluable over the past ten months and I look forward to seeing him thrive as the United States Attorney for the District of Maryland.”
Prior to his appointment as Acting Principal Associate Deputy Attorney General, O’Callaghan most recently served as Principal Deputy Assistant Attorney General for the National Security Division, where he assisted the Assistant Attorney General in the administration of all units and components in the National Security Division, most notably in the Counterterrorism Section, the Counterintelligence and Export Control Section, the Office of Intelligence, the Office of Law & Policy, the Foreign Investment Review Staff, and the Office of Justice for the Victims of Overseas Terrorism. While awaiting the confirmation of Assistant Attorney General John Demers, O’Callaghan served as Acting Assistant Attorney General for the National Security Division.
Before rejoining the Department of Justice in 2017, O’Callaghan was a partner at an international law firm. O’Callaghan specialized in defending financial institutions, public companies, asset management firms, and individuals in international and domestic regulatory investigations and criminal prosecutions. These cases involved securities fraud, bank fraud, money laundering, RICO, and corruption, among other things.
O’Callaghan previously served as an Assistant U.S. Attorney for the Southern District of New York from 1999 to 2008. He was also Co-Chief of the Terrorism & National Security Unit from 2005 to 2008. As an Assistant U.S. Attorney, O’Callaghan was the lead prosecutor on several important cases, including the Department of Justice’s international fraud investigation and prosecutions in relation to corruption in the United Nations Oil-for-Food Program, RICO prosecutions of crime families, and numerous bank and securities fraud cases. He received the U.S. Attorney General's Award for Distinguished Service in 2008, and the Director's Award for Superior Performance as an Assistant U.S. Attorney in 2000.
After earning his J.D. from NYU Law School in 1994, O’Callaghan began his career as a clerk to the Honorable Kevin Thomas Duffy of the U.S. District Court for the Southern District of New York.Attorney General Jeff Sessions Announces Results of J-Code’s First Law Enforcement Operation Targeting Opioid Trafficking on the DarknetRead the Press Release
Today, the Department of Justice, FBI and U.S. Postal Inspection Service (USPIS) announced the results of a four-day long, nationwide law enforcement operation, called Operation Disarray, which targeted vendors and buyers of opioids and cocaine on the Darknet. This operation was the first coordinated action by the new Joint Criminal Opioid Darknet Enforcement (J-CODE) Team.
These results were announced by Attorney General Jeff Sessions, FBI Director Christopher A. Wray and U.S. Postal Inspection Service Chief Postal Inspector Guy Cottrell.
“Synthetic opioids are responsible for nearly one-third of the unacceptable 64,000 drug overdoses in America in 2016,” said Attorney General Sessions. “Some of the deadliest drugs can be purchased with a few clicks of a button and ordered online. That’s why I ordered the creation of J-CODE—the Joint Criminal Opioid Darknet Enforcement team—back in January. J-CODE coordinates our efforts to stop online opioid sales, and it is already getting results. Today, we announce the first nationwide J-CODE operation, one that led to the arrest of alleged traffickers across America. I want to thank all of our law enforcement partners at the FBI, DEA, ATF, our Postal Inspectors, IRS-CI, NCIS, FinCEN and ICE-HSI who helped make this possible, and I want to thank President Trump for his strong support of our efforts. J-CODE is helping us keep deadly drugs out of this great country.”
“Our work to combat drug trafficking has taken us from coast to coast and to the darkest corners of the web. The opioid epidemic is a public health crisis, and those of us in law enforcement must be relentless in our efforts to disrupt this illicit activity,” said FBI Director Christopher Wray. “We thank our partners in this operation; through J-CODE, we will continue to work together to target the sale of opioids on the Darknet.”
“The Postal Inspection Service is dedicated to protecting the American public,” said Chief Postal Inspector Guy Cottrell. “One of the ways we fulfill this mission is by working tirelessly with other law enforcement agencies in operations just like this one to keep dangerous drugs out of the communities we serve.”
During the March 27 to 30 operation, FBI, USPIS, and local law enforcement made eight arrests related to Operation Disarray. Agents conducted more than 160 interviews nationwide of people who have bought or sold opioids and other drugs online. Leads from the investigation identified 19 overdose deaths of persons of interest. FBI, USPIS and the Internal Revenue Service Criminal Investigation (IRS-CI) also executed numerous search warrants, which resulted in the seizure of weapons, drugs, counterfeit currency, and computer equipment. During the operation, law enforcement agents distributed literature regarding the dangers of opioid abuse, as well as, offered support for those affected by the opioid epidemic. The investigation is ongoing.
The J-CODE Team is a new FBI initiative announced by Attorney General Sessions in January 2018, and is aimed at targeting drug trafficking, especially fentanyl and other opioids, on the Darknet. With this team, the FBI is bringing together agents, analysts, and professional staff with expertise in drugs, gangs, health care fraud, and more, and our federal, state, and local law enforcement partners from across the U.S. Government, to focus on disrupting the sale of drugs via the Darknet and dismantling criminal enterprises that facilitate this trafficking. Operation Disarray is the J-CODE’s first joint, nationwide coordinated operation.
Attorney General Sessions thanked our law enforcement partners on the J-CODE team, to include the FBI, USPIS, Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section and the Organized Crime and Gang Section; Drug Enforcement Agency; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Department of Defense; IRS-CI; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Financial Crimes Enforcement Network (FinCEN) for bringing expertise, professionalism and a shared desire to combat this epidemic. Through continued collaboration and determination the successes J-CODE will continue to forge a positive difference and outcome.
U. S. Steel Corporation Agrees to Improve Environmental Compliance at Indiana Facility, Pay Civil Penalty, and Reimburse U.S. for Response Costs and Damages for Toxic Chromium SpillRead the Press Release
The United States, together with the State of Indiana, announced today that U. S. Steel Corporation (U. S. Steel) has agreed to resolve alleged violations of the Clean Water Act and Indiana law by undertaking substantial measures to improve its wastewater processing monitoring system at its steel manufacturing and finishing facility, known as the Midwest Plant, in Portage, Indiana.
The settlement agreement, which is memorialized in a consent decree lodged today in federal district court in the Northern District of Indiana, requires U. S. Steel to pay more than $600,000 as a civil penalty and to reimburse the U.S. Environmental Protection Agency (EPA) and the National Park Service (NPS) for response costs incurred as a result of an April 2017 spill of wastewater containing hexavalent chromium that entered a waterway that flows into Lake Michigan. U. S. Steel will also pay costs to the National Oceanic and Atmospheric Administration (NOAA) for assessing natural resource damages due to the April 2017 spill. In addition, U. S. Steel will pay damages to NPS resulting from the closure of several beaches along the Indiana Dunes National Lakeshore due to the spill.
U. S. Steel will also resolve allegations under the Emergency Planning and Community Right-to-Know Act (EPCRA) by implementing a detailed protocol to notify relevant state and local authorities about any future spills from its Portage facility to the ground or water.
“Lake Michigan and the surrounding waterways are treasured resources worthy of protection from harmful pollution. Today’s settlement with U. S. Steel appropriately penalizes the company for last year’s wastewater spill, recoups the government’s response costs and other losses, and requires significant actions by the company to prevent toxic spills like this from occurring again,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. This settlement is a prime example of how federal and state counterparts can work hand-in-hand to enforce environmental laws to protect the health of our citizens and the environment.”
“We are pleased that U. S. Steel has agreed to take the appropriate measures to protect and restore the waterways that were harmed by its spill that occurred in April 2017,” said U.S. Attorney Thomas L. Kirsch II for the Northern District of Indiana. “This settlement is a win for the people of Indiana, and we are happy to have worked with our state and federal partners to achieve this result.”
“EPA is committed to fostering strong partnerships to achieve water quality goals,” said Assistant Administrator Susan Bodine for EPA’s Office of Enforcement and Compliance Assurance. “I am pleased that through the coordinated effort of federal and state agencies, and with the cooperation of U. S. Steel, this settlement will help protect Lake Michigan and Indiana waterways.”
“One of NOAA’s roles is to assess and restore natural resources after oil spills, ship groundings and releases of hazardous chemicals,” said Assistant NOAA Administrator for the W. Russell Callender National Ocean Service. “This settlement allows NOAA and its federal and state partners to protect natural resources and recreational opportunities important to the people and economy of Indiana and the Great Lakes.”
“The Indiana Dunes National Lakeshore is pleased that all of the parties involved in the matter have come to this agreement,” said Superintendent Paul Labovitz for the NPS. “Several of our beaches were closed for nearly a week during the week of Easter last spring. We are thankful that the spill didn’t occur during our busy summer beach season. It is our hope that our neighbors in industry learned some valuable lessons from the USS chromium spill, and will be more vigilant to prevent such occurrences that negatively impact the quality of life in NW Indiana.”
“This is a major victory for Hoosiers in Northwest Indiana,” said Indiana Attorney General Curtis Hill. “Through our partnership with the U.S. Department of Justice, we were able not only to collect fines, but, perhaps more importantly, to ensure that U. S. Steel will make improvements and changes in order to prevent future incidents that negatively impact the environment.”
“I am pleased to see this situation resolved,” said Commissioner Bruno Pigott of the Indiana Department of Environmental Management. “Hoosiers can know we take seriously our responsibility to protect the waters of the State and Lake Michigan. This consent decree is a notable example of state and federal partners effectively working together to address, with a future goal to deter, noncompliance and its collective consequence on the environment.”
On April 11, 2017, U. S. Steel experienced a rupture in an expansion joint on one of its process wastewater pipes, discharging untreated wastewater containing hexavalent chromium – a toxic chemical produced as part of its manufacturing process – into the Burns Waterway that flows into Lake Michigan. The quantity of hexavalent chromium discharged from the April 2017 spill significantly exceeded the limits of the facility’s National Pollutant Discharge Elimination System (NPDES) permits.
Though U. S. Steel provided immediate, oral notice of the April 2017 spill to appropriate state and local emergency personnel, it failed to follow-up with the required written notification under EPCRA, given the quantity of material released.
EPA and NPS conducted response actions in and around the areas of the spill, and NOAA assessed natural resource damages caused by the spill. The spill closed four local beaches along the Indiana Dunes National Lakeshore managed by NPS, as well as the Indiana American Water public drinking water intake, for about a week. Inspections by EPA and Indiana Department of Environmental Management of the facility later that month revealed additional violations of the facility’s NPDES permits. In October 2017, U. S. Steel experienced another wastewater discharge containing a less toxic form of chromium.
Under the consent decree, U. S. Steel will undertake repairs to its treatment plant pipes and containment trench, whose failures contributed to the April 2017 spill. In a more comprehensive manner, U. S. Steel will develop wastewater operations and maintenance plans and preventive maintenance plans, design and implement new wastewater process monitoring, and sample daily for total and hexavalent chromium. These measures are designed to allow for early detection of conditions that may lead to discharges such as the April 2017 spill and other permit violations, furthering compliance with the Clean Water Act and analogous state laws.
In addition, the facility will follow protocols attached to the decree for notifying appropriate entities, including the nearest downstream Indiana users as well as local governments, including the city of Chicago, whenever there is a spill or release of hazardous substances to the ground or water.
As part of the agreement, U. S. Steel will reimburse EPA’s total response costs of $350,000. U. S. Steel will also reimburse NOAA, which shares trusteeship for natural resources in the Great Lakes ecosystem, for its full costs of $27,500 in assessing natural resource damages. In addition, U. S. Steel will pay NPS’s full response costs of approximately $12,500, and damages incurred by NPS in the amount of $240,500 as a result of the week-long beach closures along the Indiana Dunes National Lakeshore. NPS intends to use those damages, representing lost use/compensatory restoration for the public’s inability to access and enjoy the beaches for the week, to fund future projects at or around the National Lakeshore.
Today’s settlement, lodged with the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period following notification in the Federal Register and final approval by the court. To view the consent decree or to submit a comment, visit the department’s website at: www.justice.gov/enrd/Consent_Decrees.html.