District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Honeywell to Restore Onondaga Lake Natural Resources Under Proposed Agreement with the United States and the State of New YorkRead the Press Release
The Departments of Justice and the Interior joined with the New York State Office of the Attorney General (NYSOAG) and Department of Environmental Conservation (NYSDEC) today to announce a proposed settlement with Honeywell International Inc. (Honeywell) and Onondaga County related to contamination of Onondaga Lake, portions of its tributaries, and surrounding wetlands and uplands.
The proposal would resolve claims brought under the federal Superfund law for damages to natural resources stemming from releases of mercury and other hazardous substances from facilities owned and operated by Honeywell (formerly Allied-Signal) and Onondaga County at the Onondaga Lake Superfund Site in Syracuse, New York.
As part of its operations over many years, Honeywell contributed hazardous substances that resulted in the contamination of Onondaga Lake, portions of its tributaries, and surrounding wetlands and uplands. Hazardous substances from Onondaga County’s operations made their way into Onondaga Lake as well. Federal Superfund law seeks to make the environment and public whole for injuries to natural resources and ecological and recreational services resulting from releases of hazardous substances to the environment.
The proposed settlement requires Honeywell to implement and maintain 20 restoration projects to restore and protect wildlife habitat and water quality, and increase recreational opportunities at Onondaga Lake. Honeywell will also pay over $6 million allocated to restoration and preservation programs overseen by the federal and state trustees, Department of Interior, and the Commissioner of Environmental Conservation acting through NYSDEC.
Onondaga County will operate, repair, maintain, and monitor five of these restoration projects located on or adjacent to County parklands for 25 years. The settlement terms are outlined in a proposed consent decree filed in federal court in Syracuse, New York today. The total value of this proposed settlement is $26 million.
“This settlement will help restore the precious natural resources of the Onondaga Lake watershed, bringing lasting benefits for future generations of Central New Yorkers to enjoy,” said Acting Assistant Attorney General Jeff Wood for the Department of Justice Environment and Natural Resources Division. “This joint action with the Department of Interior and the State of New York is yet another testament to the value and effectiveness of cooperative federalism, and I am grateful to all of our partners for the efforts that brought us this resolution.”
“With this proposed settlement, the communities of Onondaga Lake are one step closer to reclaiming this resource for the people and wildlife that live here,” said New York Field Supervisor David Stilwell for the U.S. Fish and Wildlife Service. “These funds would support both habitat restoration and protection for the benefit of fish and wildlife, as well as improved opportunities for people to enjoy Onondaga Lake and all that it could offer. We look forward to continuing collaboration with the state, county, Honeywell, and surrounding communities.”
“This settlement marks a critical step toward returning Onondaga Lake to the community that surrounds it – requiring the investment of millions to restore and protect water quality, wildlife, and recreation,” said Bureau Chief Lem Srolovic for the Environmental Protection Bureau of the Office of the New York Attorney General. “We encourage members of the community to review the settlement during the comment period, and look forward to continuing to work in partnership to ensure the restoration of this remarkable natural resource.”
“This proposed agreement is another significant step in the remarkable restoration of Onondaga Lake,” said Commissioner Basil Seggos of the New York State Department of Environmental Conservation. “DEC looks forward to the successful implementation of these projects and working with the community on the development of additional restoration work available under the settlement. The input from the public on the recovery of Onondaga Lake has been invaluable, and implementation of this restoration plan will return this unique natural resource to the surrounding community for use and enjoyment that has been unavailable for decades.”
This past August, the trustees, through U.S. Fish and Wildlife Service and the State of New York, issued a final restoration plan and environmental assessment plan outlining these 20 restoration projects to restore the Lake and wildlife habitat and improve recreational resources. This plan also included responses to oral and written comments received from the public on the draft plan during a 90-day public comment period, which included four public meetings and one public hearing held throughout Syracuse during the spring 2017.
Since 2008, Honeywell and the trustees have worked together to assess and identify potential restoration projects to benefit natural resources affected by releases of mercury and other hazardous substances. Some of the damaged natural resources include fish, birds, reptiles, amphibians, and mammals. Recreational fishing opportunities were also impacted by mercury contamination.
Today’s proposed settlement, lodged with the U.S. District Court for the Northern District of New York, is subject to a 30-day public comment period to begin following notification in the Federal Register. The settlement is subject to final approval by the court. To view the proposed consent decree, visit the department’s website: www.justice.gov/enrd/Consent_Decrees.html.
More information about the Onondaga Lake Natural Resource Damage Assessment is online at https://www.fws.gov/northeast/nyfo/ec/onondaga.htm.
Attorney General Sessions Announces Director of Opioid Enforcement and Prevention EffortsRead the Press Release
Attorney General Sessions today announced that the Department of Justice has created a new senior level position - Director of Opioid Enforcement and Prevention Efforts (“Director”). The Director will be responsible for assisting the Attorney General, Deputy Attorney General, and Department components in formulating and implementing Department initiatives, policies, grants, and programs relating to opioids, and coordinating these efforts with law enforcement.
In announcing the position, Attorney General Sessions made the following statement:
"With one American dying of a drug overdose every nine minutes, we need all hands on deck," Attorney General Sessions said. "That's why President Trump has made ending the drug epidemic a top priority. This Department of Justice embraces that goal, and we have taken a number of steps this year to do our part. We have indicted hundreds of defendants for drug related healthcare fraud, sent more prosecutors to where they're needed most, and we've taken on the gangs and cartels. Today we take the next step: creating a senior level official position at the Department to focus entirely on this issue. This Department will continue to follow the President's lead, and I am confident that we can and will turn the tide of the drug crisis."Massachusetts Man Sentenced to 28 Years in Prison for Supporting ISIS and Conspiring to Murder U.S. CitizensRead the Press Release
An Everett man was sentenced today to 28 years in prison for conspiring with others to provide material support to the Islamic State of Iraq and al-Sham (ISIS) and kill persons in the United States.
David Daoud Wright, a/k/a Dawud Sharif Abdul Khaliq, a/k/a Dawud Sharif Abdul Khaliq, 28, of Everett, Mass., was sentenced by U.S. District Court Judge William G. Young to 28 years in prison. In October 2017, Wright was convicted by a federal jury of conspiracy to provide material support to ISIS, conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to obstruct justice, and obstruction of justice.
“David Wright conspired with others to commit violent attacks here in the United States at the direction of ISIS,” said Acting Assistant Attorney General Boente. “This successful prosecution demonstrates that the Department of Justice will not waver in its commitment to bring justice to those who provide support and encourage violence on behalf of ruthless terrorist organizations.”
“Mr. Wright plotted to kill innocent Americans on behalf of ISIS,” said Acting United States Attorney William D. Weinreb. “Despite the fact that he was born in Massachusetts, Mr. Wright turned against his country and joined a radical terrorist organization. He became a soldier of ISIS and recruited U.S. citizens to commit attacks within the United States aimed at killing civilians and police officers. Today’s sentence affirms our commitment to protecting the public and prosecuting those who pledge alliance to our enemies.”
“Today's sentencing of David Wright finally holds him accountable for betraying his country, obstructing justice, and conspiring to support a brutally violent terrorist organization,” said Harold H. Shaw, Special Agent in Charge of the FBI Boston Field Division. “The spread of the ISIS ideology and it’s savagery against innocents around the world, was found right here at home, by an extremely unpredictable and dangerous person who radicalized to support an imprudent call to jihad. Through the dogged efforts of the FBI and our partners within the Massachusetts and Rhode Island Joint Terrorism Task Forces, who tirelessly work day-in and day-out to identify and thwart those who pose a serious threat, we clearly showed Mr. Wright was a soldier of ISIS, and a very real threat to national security and public safety. This case truly highlights the importance of law enforcement collaboration here and around the world, and I'm grateful for the dedication of those committed to keeping the Commonwealth safe.”Beginning in at least February 2015, Wright began discussing ISIS’ call to kill non-believers in the United States with his uncle, Usaamah Abdullah Rahim, and co-defendant Nicholas Alexander Rovinski. Specifically, Wright created a “martyrdom” operation cell in Massachusetts. In April 2015, he created a Twitter page for the “Lions of America” and published a document entitled, Internal Conquest, on the internet in which Wright called on the “Lions of Allah” to kill Americans.
Wright also plotted with Rahim and Rovinski to behead U.S. citizens at the direction of ISIS, and identified a New York woman as the first beheading target. Rahim purchased three knives for this plot. In addition, Wright knew Rahim was communicating with an ISIS member in Syria, Junaid Hussain, who provided Rahim with an encrypted document containing details about the intended victim. In August 2015, Hussain was killed in an airstrike in Raqqah, Syria.
In preparation for their attack, Wright conducted extensive research on weapons, knives, machetes, bombing making components, and methods to subdue their victims. Wright also conducted research on “how to start a secret militia in the United States.”
On June 2, 2015, Rahim was shot and killed after he attacked law enforcement officers in a Roslindale, Mass., parking lot. Two hours before Rahim attacked the police, Wright had encouraged and motivated Rahim to pursue martyrdom by attacking the “boys in blue.” Within minutes of learning of his Uncle’s death from a family member, Wright deleted data from his laptop computer by restoring it to factory settings and deleted call logs on his cellphone that showed that he had spoken to Rahim that morning.
In September 2016, Rovinski pleaded guilty to conspiring to provide material support to ISIS and conspiring to commit acts of terrorism transcending national boundaries, and will be sentenced tomorrow.
Acting U.S. Attorney Weinreb, Acting AAG Boente and FBI SAC Shaw made the announcement today. This investigation was conducted by the Boston Joint Terrorism Task Force (JTTF); Boston Police Department; Massachusetts State Police; Everett Police Department; U.S. Customs and Border Protection; and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston. The Suffolk District Attorney’s Office; Rhode Island State Police; Warwick, R.I. Police Department; and police in the United Kingdom also provided valuable assistance. The case was prosecuted by Assistant U.S. Attorney B. Stephanie Siegmann of the District of Massachusetts’s National Security Unit and Trial Attorney Gregory R. Gonzalez of the National Security Division’s Counterterrorism Section.
INTERPOL Washington Shares Best Practices in International Fugitive InvestigationsRead the Press Release
Investigative specialists from INTERPOL Washington―the U.S. National Central Bureau―and some 100 officials from 70 INTERPOL member countries met December 5th to 8th in Montego Bay, Jamaica, to review high priority fugitive and cold cases and to share best practices among the experts. The event, known as the 7th Global Operational Symposium, was hosted by the Jamaica Constabulary Force and INTERPOL’s Fugitive Investigative Support unit. The symposium featured several speakers during the first two days, while the last two days were focused on a detailed review of cases.
During the case reviews, three INTERPOL Washington representatives participated in more than 40 case study reviews. During this time, they explained how the United States processes Red Notices, and answered questions from other countries’ representatives. Participants learned that the United States does not make arrests solely on the basis of a Red Notice. In order to arrest a person in the United States, the U.S. Constitution requires an American court to issue a warrant based upon probable cause. Therefore, the United States treats foreign-issued Red Notices as “look out” requests for the subject of the notice. INTERPOL Washington enters the information about the Red Notice subjects into appropriate U.S. law enforcement databases.
In many other countries, INTERPOL personnel and national police are authorized to arrest pursuant to a Red Notice. The INTERPOL Washington staff found it very helpful to learn about how other governments’ execute the INTERPOL mission. They were also better able to understand some of the challenges facing other INTERPOL member countries, such as lack of technical infrastructure, limited internet access, and cumbersome bureaucratic hurdles for approval of routine actions.
INTERPOL Addresses Safeguarding Victims of Human TraffickingRead the Press Release
One of INTERPOL Washington’s Supervisory Investigative Analysts represented the agency at the 5th INTERPOL Global Trafficking in Human Beings and Smuggling of Migrants Conference held in Doha, Qatar, December 6-7, 2017. According to INTERPOL, the conference focused on the essential role both the public and private sector play in preventing, detecting, reporting, disrupting and ultimately prosecuting those responsible for crimes which have no borders, and no limits. Michele Ford-Stepney was among 300 experts from law enforcement, public and private sectors, and non-governmental and international organizations from more than 90 countries. The conference addressed key human trafficking and people smuggling issues, including:
· Poly-criminality and new trends in migrant smuggling
· Reframing responses to trafficking in humans
· And international cooperation with non-governmental organizations and the private sector.
Representatives from Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) and the Department of Justice Human Trafficking Prosecution Unit gave presentations on topics related to Human Trafficking and Human Smuggling in the United States. Key themes among the presenters were the need for dedicated resources, global cooperation, and initial and ongoing assistance for victims.
Prior to the conference, Ford-Stepney attended the INTERPOL Specialized Operations Network (ISON) Against People Smuggling Workshop. Several countries presented information on operational cases and initiatives, and provided an overview of case law, procedures, and best practices within their respective countries.
Georgia Real Estate Investor Sentenced to 16 Months in Prison for Bid Rigging and Bank Fraud at Public Foreclosure AuctionsRead the Press Release
A real estate investor was sentenced to serve 16 months in jail for his role in a bid rigging conspiracy and bank fraud scheme involving public foreclosure auctions in Georgia, the Department of Justice announced yesterday.
Douglas L. Purdy was charged on Feb. 3, 2016, in an indictment returned by a federal grand jury in the Northern District of Georgia. Purdy was convicted following a two-week trial on June 16, 2017, of bid rigging and two counts of bank fraud at Forsyth County, Georgia, foreclosure auctions. The Honorable Richard W. Story sentenced Purdy to serve 16 months in prison, serve three years supervised release, and pay $100,979.86 in restitution to victims.
“Yesterday’s sentencing is yet another example of the Antitrust Division’s commitment to aggressively prosecute bid rigging schemes that subvert competition,” said Assistant Attorney General Makan Delrahim of the Department of Justice Antitrust Division. “Including yesterday’s sentencing, a total of 20 individuals have been sentenced to terms of incarceration for bid rigging and fraud at public foreclosure auctions in the Northern District of Georgia.”
The evidence at trial showed that Purdy and his co-conspirators agreed not to compete for residential real estate at foreclosure auctions in Forsyth County and defrauded lender banks and homeowners. Among other methods, the conspirators held secret “second auctions” of properties, dividing among themselves the auction proceeds that should have gone to pay off debts against the properties and, in some cases, to homeowners.
In addition to Purdy’s conviction, 22 real estate investors have pleaded guilty to similar charges as a result of the Department’s ongoing antitrust investigations into bid rigging and fraud at public foreclosure auctions in the Atlanta area.
The Antitrust Division’s Washington Criminal II Section and the FBI’s Atlanta Division conducted the investigation, with assistance from the U.S. Attorney’s Office of the Northern District of Georgia. Anyone with information concerning bid rigging or fraud related to real estate foreclosure auctions should contact the Washington Criminal II Section of the Antitrust Division at 202-598-4000 or https://www.justice.gov/atr/report-violations.
Former Leader of the Gulf Cartel Extradited to the United States from Mexico for Funneling Massive Amounts of Marijuana and Cocaine into the United StatesRead the Press Release
Mario Ramirez-Trevino, also known as “Mario Pelon” and “X-20,” the alleged former leader of the Mexican Gulf Cartel, was extradited to the United States from Mexico to face drug conspiracy charges, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and Chief of Operations Anthony D. Williams of the Drug Enforcement Administration (DEA).
Ramirez-Trevino, made his initial appearance today before U.S. Magistrate Judge Deborah A. Robinson in the District of Columbia, after being extradited to the United States on Dec. 18. Ramirez-Trevino was ordered detained in federal custody pending trial. Ramirez-Trevino had been in the custody of Mexican authorities pending extradition since his arrest on Aug. 17, 2013.
Ramirez-Trevino was charged, along with 25 other defendants, in a three-count superseding indictment returned on May 9, 2013. He is charged with conspiracy to manufacture and distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana for importation into the United States. He is also charged with two counts of attempted distribution of five kilograms or more of cocaine for importation into the United States for his involvement in
a shipment of approximately 10 tons of cocaine, seized by Mexican authorities in October 2007, and a 2,400 kilogram shipment of cocaine seized by the Panamanian authorities in November 2007.
“The Gulf Cartel is one of the most violent and brutal drug trafficking organizations, posing a threat to the citizens of both the United States and Mexico,” said Acting Assistant Attorney General John P. Cronan. “This significant extradition is the result of our strong law enforcement relationship with the Government of Mexico, and the Department of Justice’s continuing efforts to combat international narcotics trafficking.”
“The extradition of Mario Ramirez-Trevino is another demonstration of the outstanding partnership we have with the Government of Mexico,” said Chief Williams. “We appreciate and recognize the significant efforts of our Mexican partners in the pursuit of justice and the dismantlement of drug trafficking organizations and their command elements.”
On Dec. 6 and 7, Attorney General Jeff Sessions participated in the “Trilateral Summit Against Transnational Organized Crime” where representatives from Colombia, Mexico and the United States renewed their existing commitment to international judicial cooperation to deepen joint strategies in the fight against transnational organized crime. Additonally, last week, Attorney General Sessions joined Secretary of State Rex Tillerson and Homeland Security Secretary Kirstjen Nielsen, in meeting with the Mexican Secretary of Foreign Affairs Luis Videgaray Caso, Mexican Interior Secretary Miguel Angel Osorio Chong, and Acting Mexican Attorney General Elias Beltran for the second U.S.-Mexico Strategic Dialogue on Disrupting Transnational Criminal Organizations. The dialogue covered strategic approaches to disrupt the multi-billion dollar business model of those who profit from illicit drug trafficking and threaten our national security.
According to statements made in court, Ramirez-Trevino was allegedly the former leader of the Gulf Cartel when it worked in close partnership with Los Zetas, collectively known as “The Company.” The Company worked independently and with other drug trafficking organizations to finance, purchase, transport, and distribute cocaine and marijuana destined for the United States. The Company imported cocaine from Colombia and elsewhere into Mexico, where it was stored until its eventual importation into the United States. The Company also sourced marijuana from the mountainous regions in Mexico for importation into the United States. To accomplish its drug trafficking objectives, the Company relied on acts of violence and enlisted a group of former military officials known as “Los Zetas” to carry out those acts of violence. Ramirez-Trevino was actively involved in overseeing The Company’s drug trafficking activities in Mexico.
On April 15, 2009, under the Foreign Narcotics Kingpin Designation Act, the President identified Los Zetas as a Significant Foreign Narcotics Trafficker. On July 20, 2009, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) also identified the leadership of Los Zetas, Heriberto Lazcano-Lazcano and Miguel Angel Trevino Morales, as Significant Foreign Narcotics Traffickers. Both men are named as co-defendants in the indictment charging Ramirez-Trevino. On March 24, 2010, OFAC also named Ramirez-Trevino as a derivative Specially Designated Narcotics Trafficker pursuant to the Foreign Narcotics Kingpin Designation Act.
The Department expresses its gratitude and appreciation to the Government of Mexico for its cooperation and assistance in the apprehension and extradition of Ramirez-Trevino.
The charges in the indictment are merely allegations, and all defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
The investigation was led by the DEA’s Houston Field Division and the DEA Bilateral Investigation Unit. The case is being prosecuted by trial attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section. The Criminal Division’s Office of International Affairs provided significant assistance in the extradition.
Justice Department Settles U.S. Worker Discrimination Claims Against Colorado Agricultural CompanyRead the Press Release
The Justice Department announced today that it has reached a settlement agreement with Crop Production Services Inc. (Crop Production), an agricultural company headquartered in Loveland, Colorado. The settlement resolves a lawsuit the Justice Department filed against the company on Sept. 28, 2017, alleging that the company discriminated against U.S. citizens because of a preference for foreign visa workers, in violation of the Immigration and Nationality Act (INA).
The Department’s lawsuit alleged that in 2016, Crop Production discriminated against at least three United States citizens by refusing to employ them as seasonal technicians at its El Campo, Texas location because the company preferred to employ temporary foreign workers under the H-2A visa program. According to the Department’s complaint, Crop Production imposed more burdensome requirements on U.S. citizens than it did on H-2A visa workers to discourage U.S. citizens from working at the facility. For instance, the complaint alleges that although U.S. citizens had to complete a background check and a drug test before being permitted to start work, H-2A visa workers were allowed to begin working without completing them and, in some cases, never completed them. The complaint also alleged that Crop Production refused to consider a limited-English proficient U.S. citizen for employment yet hired H-2A visa workers with limited-English proficiency. Ultimately, all of Crop Production’s 15 available seasonal technician jobs in 2016 went to H-2A visa workers instead of U.S. workers.
Under the INA, it is unlawful for employers to intentionally discriminate against U.S. workers because of their citizenship status or to otherwise favor the employment of temporary foreign visa workers over available, qualified U.S. workers. In addition, the H-2A visa program allows employers to hire foreign visa workers only if there is not a sufficient number of qualified and available U.S. workers to fill the jobs.
The settlement agreement requires Crop Production to pay civil penalties of $10,500.00 to the United States, undergo department-provided training on the anti-discrimination provision of the INA, and comply with departmental monitoring and reporting requirements. In a separate agreement with workers represented by Texas RioGrande Legal Aid, Crop Production agreed to pay $18,738.75 in lost wages to affected U.S. workers.
“There will be zero tolerance for companies that violate the Immigration and Nationality Act by hiring foreign visa holders over U.S. workers,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Division’s Protecting U.S. Workers Initiative is committed to fighting discriminatory hiring practices that prevent qualified U.S. workers from obtaining jobs, and we commend Texas RioGrande Legal Aid for bringing this matter to our attention.”
The settlement is part of the Division’s Protecting U.S. Workers Initiative, an initiative aimed at targeting, investigating, and bringing enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers.
The Division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.
Justice Department Reaches Settlement with Parker-HannifinRead the Press Release
The Department of Justice announced today that it has reached a settlement with Parker-Hannifin Corporation. The settlement requires Parker-Hannifin to divest the Facet filtration business, including the aviation fuel filtration assets that it acquired from CLARCOR Inc. on Feb. 28, 2017.
The Department’s Antitrust Division filed suit on Sept. 26, 2017, because the acquisition eliminated competition in the development, manufacture, and sale of qualified filtration products necessary for the proper filtration of aviation fuel used in commercial and military aircraft. It has now filed a proposed settlement in U.S. District Court for the District of Delaware that, if approved by the court, would resolve the lawsuit, restore competition in the markets for aviation fuel filtration systems and elements, and address the Department’s competitive concerns.
“This agreement to fully divest the Facet filtration business restores the competition in the aviation fuel filtration markets that the underlying merger eliminated,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Once the divestiture is completed, the acquirer will be in the same competitive position that CLARCOR enjoyed before the transaction, and the Facet brand of aviation fuel filtration products will be able to once again compete in the free market with Parker-Hannifin. This divestiture avoids the difficulties of a regulatory behavioral decree, relying instead on competition in the free market to protect American consumers and our military.”
Parker-Hannifin and the Antitrust Division agreed to the divestiture as well as provisions designed to promote compliance and make the enforcement of this consent decree as effective as possible on behalf of consumers and the military.
Prior to its delivery into commercial or military aircraft, aviation fuel must be properly filtered at multiple stages to ensure the removal of water droplets and particulate contaminants. Failure to filter aviation fuel properly creates unacceptable safety risks and can result in potentially catastrophic consequences. To address these safety concerns, aviation fuel filtration systems and elements are subject to specific industry standards, mandated by the U.S. airline industry. Only those aviation fuel filtration products qualified by the Energy Institute (EI) may be used to filter aviation fuel for use in U.S. commercial and military planes.
Prior to the acquisition, Parker-Hannifin and CLARCOR were the only two manufacturers of EI-qualified aviation fuel filtration systems and elements in the United States and were engaged in vigorous head-to-head competition, which was eliminated following the transaction. On Sept. 26, 2017, the Department filed an antitrust lawsuit against Parker-Hannifin and its subsidiary, CLARCOR, alleging that Parker-Hannifin’s $4.3 billion acquisition of CLARCOR created an effective monopoly in the markets for EI-qualified aviation fuel filtration systems and elements sold to U.S. customers. The Department alleged in its complaint that Parker-Hannifin’s acquisition of CLARCOR’s aviation fuel filtration assets would result in increased prices, decreased services and product innovation, and slower delivery of these critical safety products. Shortly after the filing of its complaint, the Division reached an agreement with Parker-Hannifin to preserve and maintain the aviation fuel filtration assets of both Parker-Hannifin and CLARCOR during the pendency of the action.
Parker-Hannifin Corporation is an Ohio corporation headquartered in Cleveland, Ohio. It is a diversified manufacturer of filtration systems, and motion and control technologies for the mobile, industrial and aerospace markets with operations worldwide. In 2017, Parker-Hannifin’s sales revenues were approximately $12 billion. Parker-Hannifin sells its aviation fuel filtration products under the Velcon brand.
CLARCOR Inc. was a Delaware corporation headquartered in Franklin, Tennessee. CLARCOR was a leading provider of filtration systems for diversified industrial markets with net sales of approximately $1.6 billion in 2016. CLARCOR manufactured and sold aviation fuel filtration products under the Facet brand.
The proposed settlement, along with the Department’s competitive impact statement will be published in the Federal Register, as required by the Antitrust Procedures and Penalties Act. Any person may submit written comments regarding the proposed final judgment within 60 days of its publication to Maribeth Petrizzi, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 5th 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 Sexual Harassment Lawsuit Against Owners and Manager of Kansas Rental PropertiesRead the Press Release
The Justice Department announced today that it has filed a lawsuit alleging that female tenants in residential rental properties in Wichita, Kansas, were subjected to egregious sexual harassment and retaliation in violation of the federal Fair Housing Act. The department’s complaint names four individuals as defendants: Thong Cao, who manages the rental properties and does business as Cao Properties and Rentals; Mai Cao; Van Le; and Tong Nguyen. Each of the defendants owns or previously owned one or more of the properties where the illegal conduct occurred.
Today’s lawsuit, filed in the U.S. District Court for the District of Kansas, arose from two complaints that former tenants filed with the U.S. Department of Housing and Urban Development (HUD). The lawsuit alleges that Thong Cao sexually harassed female residents at the rental properties from at least 2010 to 2014. According to the complaint, Thong Cao engaged in harassment that included, among other things, making unwelcome sexual advances and comments, engaging in unwanted sexual touching, and evicting tenants who refused to engage in sexual conduct with him.
“No woman should have to endure sexual harassment in order to remain in her home,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “Sexual harassment in housing is unacceptable and illegal, and landlords should be on notice that the Justice Department will continue to vigorously enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for its victims.”
“Property owners and managers who use their position to seek sexual favors are not only violating a woman’s housing rights, they are creating an atmosphere of fear and intimidation,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD will continue to work with the Justice Department to take action to ensure that individuals that provide housing meet their obligation to comply with federal fair housing laws.”
In October, the Justice Department’s Civil Rights Division announced the Sex Harassment Initiative (SHI). 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 six sexual harassment cases since January 20, 2017, and has recovered over $1 million for victims of sexual harassment in housing.
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 Thong Cao, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line:
- English language: Call 1-800-896-7743, then press 1 to continue in English and select mailbox 994 to leave a message; or
- Spanish language: Call 1-800-896-7743, then press 2 to continue in Spanish and select mailbox 3 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
Jury Convicts Former Police Officer of Attempting to Support ISISRead the Press Release
A federal jury convicted a former police officer today of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, and obstruction of justice.
“Nicholas Young swore an oath to protect and defend, and instead violated the public’s trust by attempting to support ISIS,” said Dana J. Boente, Assistant Attorney General for the Justice Department’s National Security Division and U.S. Attorney for the Eastern District of Virginia. “I want to thank the FBI’s Washington Field Office, the Metro Transit Police, and the trial team for their tireless work and dedication to this case.”
According to court records and evidence presented at trial, Nicholas Young, 38, of Fairfax, was formerly employed as a police officer with the Metro Transit Police Department. In late July 2016, Young attempted to provide material support and resources to ISIS by purchasing and sending gift card codes that he believed would allow ISIS recruiters to securely communicate with potential ISIS recruits.
Between Dec. 3, 2015, and Dec. 5, 2015, Young attempted to obstruct and impede an official proceeding. In specific, Young believed an associate of his, who was actually an FBI confidential human source (CHS), had successfully joined ISIS in late 2014. During an FBI interview, Young was told the FBI was investigating the attempt of his associate (the CHS) to join ISIS. Nevertheless, in an attempt to thwart the prosecution of the CHS and himself, Young attempted to deceive investigators as to the destination and purpose of the CHS’s travel.
Additionally, in November 2014, Young attempted to obstruct, influence, and impede an official proceeding of the Grand Jury by sending a text message to the CHS’ cell phone in order to make it falsely appear to the FBI that the CHS had left the United States to go on vacation in Turkey. In actuality, Young believed the CHS had gone to Turkey and then to Syria in order to join and fight for ISIS.
Young faces a maximum penalty of 60 years in prison when sentenced on Feb. 23, 2018. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, Acting Assistant Attorney General for the National Security Division and U.S. Attorney for the Eastern District of Virginia, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Leonie M. Brinkema accepted the verdict. The case is being prosecuted by Assistant U.S. Attorneys Gordon D. Kromberg and John T. Gibbs, Special Assistant U.S. Attorney Evan Turgeon, and Trial Attorney David P. Cora of the National Security Division.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-cr-265.
Iraqi Refugee Sentenced for Attempting to Provide Material Support to ISILRead the Press Release
Omar Faraj Saeed Al Hardan, the 25-year-old refugee who was born in Iraq and resided in Houston, has been ordered to federal prison for 16 years following his conviction of attempting to provide material support or resources to a designated foreign terrorist organization. He pleaded guilty Oct. 17, 2016.
Acting U.S. Attorney Abe Martinez, Acting Assistant Attorney General for National Security Dana Boente, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Division and Special Agent in Charge Mark Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Houston made the announcement.
“Any person who provides material support to a foreign terrorist organization will be investigated and prosecuted to the fullest extent of the law,” said Martinez. “Al Hardan’s actions were treacherous and completely antithetical to the freedoms we as U.S. citizens value. The sentence imposed today reflects the Department of Justice’s resolve to seek out and punish all violators who would give aid and comfort to international terrorists.”
Today, U.S. District Judge Lynn Hughes, who accepted the guilty plea, handed Al Hardan a 192-month sentence. He will also be on supervised release for the rest of his life.
At the time of his plea, Al Hardan had admitted he attempted to provide material support – specifically himself – to the Islamic State of Iraq and the Levant (ISIL). Al Hardan entered the United States as a refugee on or about Nov. 2, 2009. Prior to entering the country, Al Hardan was in at least two refugee camps in Jordan and Iraq. After being admitted into the U.S. as an Iraqi refugee, he was granted legal permanent residence status on or about Aug. 22, 2011, and had resided in Houston.
In 2013, federal agents began investigating Al Hardan who had been communicating with a California man whom he understood was associated with the Al-Nusrah Front. In those communications, the individual had told Al Hardan that he had previously traveled to Syria to fight for Al-Nusrah and discussed plans to return to Syria with Al Hardan to fight for Al-Nusrah.
Beginning in June 2014 and continuing through 2015, Al Hardan also developed a relationship with a Confidential Human Source (CHS). During that time, they discussed traveling overseas to support ISIL in fighting jihad and various ways to assist ISIL. Al Hardan also said he wanted to be trained in building remote transmitter/receiver detonators for improvised explosive devices, wanted to learn to use cell phones as the remote detonators and wanted to build remote detonators for ISIL. Al Hardan indicated he taught himself how to make remote detonators by accessing online training videos and other resources he found online and showed the CHS a circuit board he built to be used as a transmitter for a detonator.
On Nov. 5, 2014, Al Hardan took an oath of loyalty to ISIL. Two days later, Al Hardan and the CHS participated in approximately one hour of tactical weapons training with an AK-47 that Al Hardan indicated he wanted.
During the investigation, Al Hardan had also posted many statements on social media in support of ISIL. One of those included a photo of a Humvee with an ISIL flag. Above the photo, Al Hardan posted, “ISIS yesterday in Iraq, today in Syria and Allah willing, tomorrow in Jerusalem.” He also made numerous statements about his plans to travel to Syria and fight alongside ISIL and become a martyr. In one instance he said “I want to blow myself up. I want to travel with the Mujahidin. I want to travel to be with those who are against America. I am against America.”
Upon his arrest in January 2016, investigators discovered training CDs on how to build remote detonators, electronic circuitry components, tools used to build circuitry, multiple cell phones (that had not been activated), a prayer list for committing Jihad and becoming a martyr and the ISIL flag.
Al Hardan has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI’s Joint Terrorism Task Force and HSI conducted the investigation with the assistance of the Houston Police Department. Assistant U.S. Attorneys Ted Imperato, Carolyn Ferko and S. Mark McIntyre prosecuted the case.
Attorney General Sessions Issues Statement on President Trump’s National Security StrategyRead the Press Release
Today Attorney General Jeff Sessions issued the following statement on President Trump’s National Security Strategy:
"President Trump has put America first,” Attorney General Sessions said. “The very first pillar of his national security strategy is to protect our homeland--to protect the American people from terrorism, from violent crime, from deadly drugs, and from any other threat we face. And he has taken action to do that by stopping immigration of people we can't vet, holding cities and counties accountable that intentionally undermine federal law enforcement, and putting a bullseye on gangs like MS-13. This year alone, the Justice Department has secured convictions of more than 1,000 gang members across America and arrested hundreds of members of MS-13. Under President Trump's leadership, we are making America safe again."Two Texas Fishermen Sentenced for False Statements to Law Enforcement AgentsRead the Press Release
Jamal Marshall was sentenced to six months imprisonment and six months home confinement today following a hearing in federal district court in Houston, Texas, for making false statements to law enforcement agents regarding the illegal harvest of snapper in the Gulf of Mexico. A second fisherman, Jacob Brown, was previously sentenced on November 29, 2017, to 2 months imprisonment and 4 months home confinement. The sentences were announced by Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division and the National Oceanic and Atmospheric Administration Fisheries Office for Law Enforcement.
In August 2017, Marshall and Brown pleaded guilty to making false statements to agents with the Coast Guard Investigative Service and the National Oceanic and Atmospheric Administration – Office of Law Enforcement. According to court documents filed at the time of the plea, the two illegally harvested more than 1,900 pounds of fish, including 642 snapper, weighing approximately 1,846 pounds. The two subsequently lied to law enforcement agents regarding the possession of these fish in order to hide their illegal harvest from Texas waters.
“This case highlights the superb partnership between Texas Parks and Wildlife, NOAA's Office of Law Enforcement, and the Coast Guard here in southeast Texas,” said Capt. Kevin Oditt, Commander of the Coast Guard Sector Houston/Galveston. “As a team, we work together to enforce laws that ensure the sustainability of our fisheries. In protecting our living marine resources, we also protect the livelihoods of commercial fishermen and the ability of recreational anglers to enjoy the sport for generations to come.”
“I am extremely proud of the combined effort by the USCG, NOAA, and Texas Game Wardens who work tirelessly day and night to protect of our natural resources in the Gulf of Mexico,” said Col. Grahame Jones of the Texas Parks and Wildlife's Law Enforcement Division.
Reef fish, such as red snapper and vermilion snapper, provide significant economic benefits to the state of Texas from both commercial and recreational fishing. Red snapper, the most popular reef fish in the Gulf of Mexico, are a top predator in the Gulf ecosystem, prized among recreational fishermen, and a valued offering at restaurants. Unsustainable catch rates have led to declines in the populations of these two fish. At their lowest point, vermilion snapper stocks were estimated to be at 20 percent of their historical abundance, and red snapper stocks were estimated to be at only three percent.
The case was investigated by the National Oceanic and Atmospheric Administration – Office of Law Enforcement, the Coast Guard Investigative Service, and the Texas Parks and Wildlife Department.
Member of Cowboys Gang in South Carolina Sentenced to 20 Years in Prison for RICO ConspiracyRead the Press Release
The last indicted member of the Cowboys gang, a violent street gang that originated in “Eastside” area of Walterboro, South Carolina, was sentenced today to 20 years in prison in federal court in Charleston, South Carolina.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina Field Division; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland of the Colleton County, South Carolina Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina Police Department; Sheriff Al Cannon Jr. of the Charleston County, South Carolina Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina Sheriff’s Office; Chief Jon Rogers of the Summerville, South Carolina Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division made the announcement.
Dashawn Trevell Brown, aka TOB and Shawny, 24, of Walterboro, South Carolina, was sentenced to 240 months in prison by U.S. District Court Judge David C. Norton. Judge Norton sentenced Brown to three years of supervised release following his prison sentence, and restitution for victims injured as a result of his criminal activity.
According to the plea agreement, Brown was a member of the Cowboys gang, a violent street gang that originated in the “Eastside” area of Walterboro, South Carolina. Members of the Cowboys show their allegiance by wearing red, white, and blue clothing, and carrying rags in these colors, including depictions of the American flag. Further, members of the Cowboys greet each other and show their membership in the gang using a set of hand-signs intended to evoke the shape of a “b.” This hand sign also shows an affiliation with the “Bloods” gang. Members of the Cowboys also show allegiance to the gang by having the words “Cowboy(s)” or “GMC” tattooed to some part of their body. The Cowboys gang was also, for a time, aligned with another violent street gang called the “Wildboys,” that originated out of the Green Pond area of Walterboro. In addition to sharing a common interest in posting threats, firearms, large amounts of cash, and what purported to be narcotics on Facebook and YouTube, Cowboys and Wildboys shared common enemies. These shared interests resulted in shootings, aimed at rival gang members, which left innocent by-standers seriously injured.
Brown was sentenced for his role in four shootings committed on behalf of his membership as a Cowboys. On May 12, 2011, after an encounter with an individual believed to be a member of a rival gang, Brown fired shots at the victim. The shooting occurred because of an on-going dispute between the Cowboys and the rival gang. Brown was identified by witnesses to the shooting. As a result of this, a retaliatory shooting occurred on May 14, 2011, during which, another innocent bystsander was shot and seriously injured. Brown was also identified as having fired shots during this incident.
Second, Brown was sentenced for his role in a June 30, 2013 shooting in the Druid Hills areas of Walterboro. Brown, who was in a vehicle occupied by two other members of the Cowboys, participated in a drive-by shooting of individuals believed to be members of a rival gang. Brown, who fired shots resulting in injuries to the victim’s arm, days later encountered the victim and told him, “I should have killed you.”
Third, Brown was sentenced for his role in the July 14, 2013 shooting at the Starlite Lounge in St. George. Brown, and other members of the Cowboys, attended a party at the lounge while dressed in Cowboys colors, including displays of red, white, and blue bandanas. While members of the Cowboys were on stage, members of the Cowboys exchanged words with a patron. After they believed they were disrespected by the patron, members of the Cowboys left the club and waited outside. As individuals began to leave the club, Brown and at least four other members of the Cowboys fired guns toward those coming out of the club. As a result of the shooting, at least three victims were shot and injured.
Lastly, Brown was sentenced for his role in a Nov. 6, 2015 attempted murder. Brown, along with co-defendants Khiry Broughton and Quintin Fishburne, attended a drag race outside of Walterboro. After bets were placed, Broughton questioned the results of the race and demanded the winnings, which were held by one of the race drivers. Broughton decided to rob the winner of the race and in so doing retrieved a backpack containing firearms from Fishburne’s vehicle. Broughton provided the firearms to Brown and other members of the Cowboys. After the winner refused to provide the money, the winner and another innocent bystander were shot and severely injured. After the shooting occurred, Fishburne, who transported Brown and Broughton, drove Brown and Broughton from the scene to avoid apprehension by the police.
Khiry Broughton, Clyde Naquan Hampton, Matthew Rashuan Jones, William Lamont Cox, Bryant Jameek Davis, Zaquann Ernest Hampton, Christopher Sean Brown, and Quintin Fishburne were all sentenced in November for their roles in criminal activity related to the Cowboys.
In August, Attorney General Jeff Sessions delivered remarks to the 2017 Gangs Across the Carolinas Training Symposium in Winston-Salem, North Carolina. Since the beginning of this year, the Department of Justice has secured more than 1,260 convictions against gang members.
The case was investigated by the ATF Charleston, in partnership with the Walterboro Police Department; Colleton County Sheriff’s Office; Charleston County Sheriff’s Office; Dorchester County Sheriff’s Office; Summerville Police Department; Fourteenth Judicial Circuit Solicitor’s Office; First Judicial Circuit Solicitor’s Office; South Carolina Department of Probation, Parole and Pardon Services; and the South Carolina Law Enforcement Division.
The case was prosecuted by Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Special Assistant U.S. Attorney Tameaka A. Legette from the Fourteenth Judicial Circuit Solicitor’s Office, Bluffton, South Carolina.
Department of Justice and Department of State Launch Intellectual Property Law Enforcement Coordinator NetworkRead the Press Release
Recent studies have concluded that the international trade in counterfeit and pirated goods are a multi-billion dollar industry globally that continues to grow. Trademark counterfeiting, copyright piracy and other forms of intellectual property rights (IPR) infringements are found in virtually every industry sector, and in many instances result in significant risks to the health and safety of consumers worldwide as well as harm to the global economy.
In order to combat this international problem, the State Department’s Bureau of International Narcotics and Law Enforcement Affairs and Department of Justice’s (DOJ) Criminal Division have worked to increase the speed and flexibility with which the U.S. government can develop international capacity, coordination, and partnerships, and provide training and technical assistance to law enforcement counterparts overseas. By placing Intellectual Property Law Enforcement Coordinators (IPLECs) in critical regions to address the growing transnational intellectual property crime problem, the United States has been able to work globally to increase the protection of intellectual property rights in a carefully tailored and efficient manner.
The IPLEC program was created in 2006, with the first IPLEC stationed in Bangkok, Thailand. The program now has grown to a network of five prosecutors, posted in Abuja, Nigeria; Bucharest, Romania; São Paulo, Brazil; Bangkok, Thailand and Hong Kong S.A.R. The network is designed to ensure that experienced U.S. prosecutors are located in high-impact regions to enhance the capacity of individual countries to investigate and prosecute IP crimes, and to develop regional networks to more effectively deter and detect IP crimes.
In announcing those efforts, Acting Assistant Attorney General John P. Cronan of the Criminal Division said, “Intellectual property rights form the foundation of American innovation and protect the American public from products that pose risks to health and safety. The protection of these rights requires robust international cooperation and coordination. The IPLEC network is dedicated to developing the capacity of our foreign partners to combat intellectual property violations and building relationships critical for that cooperation. Our strategically placed coordinators draw upon their subject matter expertise to help ensure that property holders’ rights are enforced across the globe, and that the American people are protected from harmful products entering the marketplace.”
“Combating intellectual property theft requires unprecedented real time international cooperation,” said Acting Principal Deputy Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs Richard Glenn. “The IPLEC Network is designed to meet this challenge.”
The Network works to:
- Assess the capacity of law enforcement authorities throughout the region to enforce intellectual property rights;
- Mentor and deliver training to investigators and prosecutors, designed to enhance the capacity of foreign justice sector personnel to enforce IPR;
- Assist in developing or strengthening institutions dedicated to enforcing IPR;
- Monitor regional trends in IPR protection and computer crimes; and
- Provide expert assistance in support of the United States’ IPR policies and initiatives in the region.
The IPLECs already have assisted our international partners in achieving concrete results in critical regions. Just this fall an IPLEC-mentored team of Brazilian law enforcement officials launched a series of significant enforcement actions on a U.S. Trade Representative-designated Notorious Market in São Paulo, seizing approximately 880 tons of counterfeit and contraband goods worth approximately $138 million, which ultimately resulted in the market’s closure.
Within DOJ’s Criminal Division, the Computer Crime and Intellectual Property Section (CCIPS) and the Office of Overseas Prosecutorial Development Assistance and Training (OPDAT) have partnered to support this global network of IPR experts whose efforts have helped foreign partners successfully prosecute many key cases, including seizing and forfeiting millions of dollars, and coordinating on numerous transnational investigations with their U.S. counterparts—particularly in some of DOJ’s longest running programs in South America and Eastern Europe. To learn more about CCIPS and OPDAT, please visit https://www.justice.gov/criminal-ccips and https://www.justice.gov/criminal-opdat.
Attorney General Sessions Announces 40 New Assistant United States Attorney Positions and Two New Violent Crime Task ForcesRead the Press Release
Today Attorney General Jeff Sessions announced the Department of Justice’s new steps in combating violent crime. The Department has selected 27 locations to receive aid in the fight against violent crime. Those locations will receive a total of 40 Assistant U.S. Attorneys, and new violent crime task forces will be launched in Charlotte, NC, and Pittsburgh, PA. The new violent crime task forces will focus on the proliferation of violent crime in the counties adjacent to Pittsburgh and Charlotte.
"Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods(PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime" said Attorney General Sessions. "Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce today that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States."
More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:AUSA Breakdown by District
Northern District of Alabama - 1
Eastern District of Arkansas - 1
Northern District of California - 2
Southern District of California - 1
District of Connecticut - 1
District of Columbia - 1
Central District of Illinois - 1
Northern District of Illinois - 3
Southern District of Indiana - 1
Eastern District of Louisiana - 1
District of Maryland - 3
Western District of Michigan - 1
Eastern District of Missouri - 2
Western District of Missouri - 1
District of Nevada - 2
District of New Mexico - 1
Eastern District of New York - 2
Western District of New York - 1
Northern District of Ohio - 2
Eastern District of Pennsylvania - 1
Middle District of Tennessee - 2
Western District of Tennessee - 2
Eastern District of Texas - 1
Northern District of Texas - 1
Southern District of Texas - 2
Western District of Texas - 1
Eastern District of Wisconsin - 2Summary of the Charlotte Violent Crime Task Force (CE VCTF) for the Western and Middle Districts of North Carolina
The CE VCTF is focused on the investigation of violent crime in the greater Charlotte metropolitan area, to include Mecklenburg, Gaston, Cleveland, Cabarrus, Union, Stanly, Anson and Montgomery Counties. The Task Force will be assigned to the FBI Charlotte Division Headquarters. The CE VCTF will focus on the significant proliferation of violent crime. Gang-related crime is already being addressed by the FBI’s Charlotte Division Safe Streets Task Force, and the new Task Force will concentrate on other violent criminal activity. Violent crime rates in Charlotte-Mecklenburg, Gaston, and Anson County exceed the national average. The CE VCTF will focus on crime exercising a significant impact on these communities. The CE VCTF will be staffed with local law enforcement as well as federal agents.
Summary of the Pittsburgh Violent Crime Task Force (PG VCTF) for the Western District of PennsylvaniaThe PG VCTF will focus on the proliferation of violent crime in the counties including and adjacent to Pittsburgh—Allegheny, Armstrong, Beaver, Butler, Clarion, Lawrence, and Mercer. The Task Force will be assigned to the FBI Pittsburgh Division Headquarters. Pittsburgh’s violent crime rating is significantly higher than the national median. With the exception of the city of Pittsburgh, each of the counties in the area of the proposed Task Force has a violent crime per capita rate that is higher than the city of Philadelphia as calculated based on 2015 FBI crime statistics. Despite the fact that violent crime has declined in several categories, the overall trend reflects a disturbing increase in violent crime. The PG VCTF will focus on violent crimes that impact public safety. The PG VCTF will enable law enforcement to work more strategically and to address violent crime with data-driven strategies. Staffing of the proposed Task Force will include federal law enforcement and representatives from local law enforcement agencies.
Maine Harvester Enters Guilty Plea, Maine Dealers Sentenced for Illegally Trafficking American EelsRead the Press Release
Yarann Im was sentenced to six months imprisonment and three years of supervised release and Thomas Choi was sentenced to six months in prison with a fine of $25,000 today for trafficking juvenile American eels (also called “elvers” or “glass eels”) in violation of the Lacey Act, following a hearing in federal district court in Portland, Maine. The sentence was announced by Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division.
In October 2016, Im pleaded guilty to violating the Lacey Act by purchasing elvers in interstate commerce that had been harvested illegally in Virginia, North Carolina, and Massachusetts. Court documents indicate that Im trafficked at least 480 pounds of elvers, which is almost one-million individual eels, and worth more than $500,000. Im subsequently sold these elvers to international buyers and exported them from the United States.
This sentencing follows the entry of a guilty plea on December 12, 2017, by Albert Cray in federal district court in Portland, Maine, to trafficking elvers in violation of the Lacey Act. As part of his guilty plea, Cray admitted to illegally transporting or selling elvers in interstate commerce, which had been harvested illegally in New Jersey. According to the statement of facts filed with the plea agreement, Cray was a fisherman from Maine, who travelled to locations near Millville, New Jersey, to illegally harvest elvers. Cray then sold the elvers to a dealer from Maryland, who exported them from the United States to buyers in Asia. In 2013, Cray trafficked approximately $253,518 worth of illegally-harvested elvers.
“The poaching and illegal selling of American eels negatively impacts not only the species but also the economies of our East Coast states and the livelihood of local U.S. fishermen who legally harvest these eels,” said Edward Grace, Acting Chief of Law Enforcement for the U.S. Fish and Wildlife Service. “These recent court actions should serve as a warning to those who illegally profit from our country’s natural resources. You will be caught and held accountable.”
Eels are highly valued in East Asia for human consumption. Historically, Japanese and European eels were harvested to meet this demand; however, overfishing has led to a decline in these populations. As a result, harvesters have turned to the American eel to fill the void.
American eels spawn in the Sargasso Sea, an area of the North Atlantic Ocean bounded on all sides by ocean currents. They then travel as larvae from the Sargasso to the coastal waters of the eastern United States, where they enter a juvenile or elver stage, swim upriver, and grow to adulthood in fresh water. Elvers are exported for aquaculture in East Asia, where they are raised to adult size and sold for food. Harvesters and exporters of American eels in the United States can sell elvers to East Asia for more than $2,000 per pound.
Because of the threat of overfishing, Atlantic Coast states have cooperatively prohibited elver harvesting in all but two states: Maine and South Carolina. Maine and South Carolina heavily regulate elver fisheries, requiring that individuals be licensed and report all quantities of harvested eels to state authorities. Other Atlantic coast states, including Virginia, have commercial fisheries for adult or “yellow” eels.
This case was the result of “Operation Broken Glass,” a multi-jurisdiction U.S. Fish and Wildlife Service investigation into the illegal trafficking of American eels. To date, the investigation has resulted in guilty pleas for 19 individuals whose combined conduct resulted in the illegal trafficking of more than $5.25 million worth of elvers.
Operation Broken Glass was conducted by the U.S. Fish and Wildlife Service and the Justice Department’s Environmental Crimes Section in collaboration with the Maine Marine Patrol, South Carolina Department of Natural Resources Law Enforcement Division, New Jersey Division of Fish and Wildlife Bureau of Law Enforcement, Connecticut Department of Energy and Environmental Protection Conservation Police, Virginia Marine Resources Commission Police, USFWS Refuge Law Enforcement, National Oceanic and Atmospheric Administration Office of Law Enforcement, Massachusetts Environmental Police, Rhode Island Department of Environmental Management Division of Law Enforcement, New York State Environmental Conservation Police, New Hampshire Fish and Game Division of Law Enforcement, Maryland Natural Resources Police, North Carolina Wildlife Resource Commission Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Yarmouth, Massachusetts Division of Natural Resources, North Myrtle Beach, South Carolina Police Department and the Atlantic States Marine Fisheries Commission.
The government is represented by Environmental Crimes Section Trial Attorneys Cassandra Barnum and Shane Waller.
Two Los Angeles-Area Managers of Foreclosure Rescue Companies Convicted for Roles in Mortgage Fraud SchemeRead the Press Release
A federal jury found two Los Angeles, California-area managers of foreclosure rescue companies guilty today for their roles in a foreclosure rescue scheme.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division, Special Agent in Charge R. Damon Rowe of Internal Revenue Service Criminal Investigation’s (IRS-CI) Los Angeles Field Office, Deputy Inspector General for Investigations Rene Febles of the Federal Housing Finance Agency-Office of Inspector General (FHFA-OIG), and Sheriff Jim McDonnell of the Los Angeles County Sheriff’s Department made the announcement.
Jamie Matsuba, 33, and her father, Thomas Matsuba, 67, both of Chatsworth, California, were convicted after a one-week trial of one count of conspiracy to commit wire fraud, making false statements to federally insured banks and committing identity theft. In addition, both defendants were convicted of one count of making false statements to federally insured banks. Sentencing has been scheduled for May 14, 2018 at 10 a.m., before U.S. District Judge R. Gary Klausner of the Central District of California, who presided over the trial.
According to evidence presented at trial, from January 2005 to August 2014, Jamie Matsuba, Thomas Matsuba and others engaged in a scheme to defraud financially distressed homeowners by offering to prevent foreclosure on their properties through short sales. Instead, the conspirators rented out the properties to third parties, did not pay the mortgages on the properties, and submitted false and fraudulent documents to mortgage lenders and servicers to delay foreclosure. The evidence further established that the conspirators obtained mortgages in the names of stolen identities. In addition, the defendants used additional tactics, including filing bankruptcy in the names of distressed homeowners without their knowledge and fabricating liens on the distressed properties, the evidence showed.
Three other defendants have been charged in this matter. Defendant Dorothy Matsuba, 66, of Chatsworth, who is the mother of Jamie Matsuba and wife of Thomas Matsuba, and her daughter, Jane Matsuba-Garcia, 41, of Camarillo, California, previously pleaded guilty and are awaiting sentencing. Defendant Young Park of Los Angeles, California, is a fugitive. In addition, in related cases, Jason Hong, 36, of Chatsworth, and Ryu Goeku, 47, of Canoga Park, California, previously pleaded guilty and are awaiting sentencing.
This case was investigated by the FBI, IRS-CI, FHFA-OIG and the Los Angeles County Sheriff’s Department. Trial Attorney Niall M. O’Donnell, Senior Litigation Counsel David A. Bybee and Trial Attorney Jennifer L. Farer of the Criminal Division’s Fraud Section are prosecuting the case. Senior Trial Attorney Nicholas Acker previously worked on the investigation.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
Owner of New York Wholesale Food Distributor Indicted for Obstructing the IRS, Filing False Tax Returns, and StructuringRead the Press Release
A federal grand jury sitting in the Eastern District of New York returned an indictment yesterday, which was unsealed today, charging the owner of a wholesale food distributor with obstructing the internal revenue laws, aiding and assisting in the filing of false tax returns, and structuring currency transactions, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the indictment, Jose Cerritos resided in Brentwood, New York, and owned La Centro American Corp. (La Centro), a wholesale food distributor in Bayshore that sold to retail customers in the New York metropolitan area. The indictment alleges that Cerritos caused the filing of false individual and corporate income tax returns for 2011 and 2012 that did not report all of his income or all of La Centro’s gross receipts. Cerritos allegedly did not deposit all of La Centro’s receipts into its business bank accounts and did not inform his tax return preparer of the cash receipts that were not deposited into the business bank accounts. The indictment further alleges that Cerritos attempted to structure La Centro’s cash receipts in amounts less than $10,000 on the same or consecutive days, to evade bank-reporting requirements, and that he did so in a pattern of illegal activity involving more than $100,000 within a 12-month period.
The indictment also charges that in 2012 the Internal Revenue Service (IRS) seized funds from La Centro’s bank accounts due to the alleged structuring activity. According to the indictment, the United States then filed a civil action to forfeit the funds. Cerritos appeared as a claimant in the lawsuit. During the discovery phase of the litigation, he and the other claimants allegedly provided documents to the United States purporting to be sales reports for La Centro for 2011 and 2012, but which allegedly omitted millions of dollars of La Centro’s gross receipts.
An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Cerritos faces a statutory maximum sentence of three years in prison for each count of obstructing the internal revenue laws and aiding and assisting in the filing of false tax returns and ten years in prison for structuring. He also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Sarah Ranney and Mark Kotila of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Julian Robles Sentenced to Federal Prison for Drug Trafficking CrimeRead the Press Release
SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant JULIAN ROBLES, age 40, from Agat, was sentenced in District Court to a term of 20 years imprisonment for Conspiracy to Distribute Methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846; Conspiracy to Launder the Proceeds of the Unlawful Distribution of Controlled Substances, in violation of 18 U.S.C. §§ 1956(h) and 1956(a)(1)(A)(i); and Felon in Possession of Firearms and Ammunition, in violation of 18 U.S.C. § 922(g). The Court also ordered ten years of supervised release following defendant’s term of imprisonment and payment of a mandatory $300 assessment fee. Robles was subject to federal sentencing enhancements due to prior convictions for Robbery in Hawaii and Possession of a Scheduled II Controlled Substance in Guam. Additionally, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
Acting U.S. Attorney Anderson stated, “The primary goal of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF) Program has been to identify, investigate, and prosecute the transnational, national, and regional criminal organizations most responsible for the illegal drug supply in the United States, the diversion of pharmaceutical drugs, and the violence associated with the drug trade. As this complex drug investigation revealed, Guam is not immune from this type of organized activity. Armed drug traffickers pose an exceptionally grave danger to our communities. The possession of one round of ammunition can expose a prohibited person to substantial federal penalties. The public can expect our federal and local law enforcement partnership to continue to focus its resources and expertise to combat this criminal activity.”
This OCDETF case involved federal agents and local law enforcement officers of the Drug Enforcement Administration, U.S. Postal Inspection Service , Internal Revenue Service-Criminal Investigations, U.S. Department of Homeland Security, Homeland Security Investigations, Guam Police Department, Guam Customs and Quarantine Agency, Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Coast Guard Criminal Investigative Service, U.S. Marshals Service, and the Judiciary of Guam Probation Division. The case was prosecuted by Assistant U.S. Attorney Stephen F. Leon Guerrero and former Assistant U.S. Attorney Clyde Lemons Jr.
INTERPOL Washington Employee Joins FEMA Relief EffortsRead the Press Release
This year’s Atlantic hurricane season devastated vast swaths of the southern United States and nations of the Caribbean. Of the 17 named storms of the season, three—Harvey, Irma, and Maria—combined to make 2017 one of the most dangerous and costly ever. In response to a government–wide call for volunteers, INTERPOL Washington Information Technology (IT) Specialist Chris Gorham answered.
The sheer number and ferocity of the storms and their trails of devastation led the Federal Emergency Management Agency (FEMA) to open its Surge Capacity Force to Federal employees outside of the Department of Homeland Security, including the Department of Justice. The surge force supplements FEMA’s first responders, by providing extra personnel when disasters overwhelm FEMA resources. The volunteers work in tours of duty not to exceed 45 days. In 2017, surge force volunteers deployed to Texas, Florida, and the Caribbean, including Puerto Rico and the U.S. Virgin Islands.
On Friday, September 29th, Gorham received his notice to activate as a volunteer. By Sunday, he was in Anniston, Alabama, at FEMA’s training facility known as the Center for Domestic Preparedness. This state-of-the-art facility provides training to state, local, and tribal emergency response providers. Gorham spent the next three weeks in training with, and ultimately providing training to, other U.S. Government volunteers.
Hurricane Maria had devastated Puerto Rico on September 20th. As an IT specialist, Gorham was assigned to the IT team to support the stand-up of FEMA Disaster Recovery Centers (DRCs). DRCs serve homeowners, renters and business owners who sustained damage as a result of Hurricane Maria. The team left Alabama for a mission to setup DRCs around the island.
The team arrived in a country still reeling. By mid-October, internet connectivity and electrical power remained scarce. Accommodations for the volunteers were also sparse as was air conditioning, food, and clean drinking water. According to Gorham, “For the first few weeks, we slept on cots in the back of the San Juan Convention Center, before moving to one of the U.S. military ships docked in San Juan, and ultimately to a small hotel. The days were long—10-12 hours per day, 7 days per week was normal. Our conditions were difficult but nothing like the conditions for the local people. We knew our hardship would end in 45 days.”
From their base in San Juan, Gorham and his team traveled across the devastated island, using washed-out roads littered with fallen power lines, shredded traffic signs, and debris torn from lost homes and businesses. Without internet connectivity, GPS mapping systems didn’t work consistently making travel to remote areas difficult and tedious. For example, Humacao, a city located on the eastern coast of the island, is normally about a one-hour drive from San Juan. During the time that Gorham was there, the trip took more than three hours. Visiting up to three locations per day in each town, the team used stadiums, gymnasiums, and other large buildings to provide IT support for the newly established DRCs. At times they found themselves helping to distribute basics such as food and water to people waiting in 95-degree heat for sustenance.
During Gorham’s time in Puerto Rico, he participated in the opening of more than 70 DRCs. “The opportunity to volunteer to help fellow Americans was truly a privilege. I had a chance to get out of my usual routine and expand my perspective. Working in small teams under adverse conditions was challenging but rewarding. I know my work helped people who have lost everything begin the recovery process,“ Gorham reflected.
Photo by Andrea Booher / FEMA Santa Maria, Puerto Rico, October 8, 2017 -- Damaged properties in the Santa Maria neighborhood near Humacao, Puerto Rico. After Hurricane Maria, many homes, businesses, roads, bridges and government buildings suffered major damage due to strong winds and heavy rain.Shawn Johnson Sentenced to Federal Prison for Drug Trafficking CrimeRead the Press Release
SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant SHAWN JOHNSON, age 30, was sentenced in District Court today to a term of 71 months imprisonment for Possession with Intent to Distribute Methamphetamine, in violation of 21 U.S.C. § 841. Johnson had previously pled guilty to the offense on May 15, 2017. The Court also ordered three years of supervised release following his term of imprisonment and payment of a mandatory $100 assessment fee. Additionally, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On March 10, 2015, law enforcement officers arrested Johnson pursuant to an arrest warrant for a Superior Court of Guam probation violation. At the time, Johnson was serving a probation sentence for felony possession of a controlled substance. Upon receiving consent to enter a residence, officers found Johnson in his bedroom. Officers also discovered 26 grams of pure methamphetamine, numerous Ziploc baggies, two digital scales, and other drug paraphernalia.
The investigation was conducted by the Drug Enforcement Administration, United States Marshals Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Guam Customs & Quarantine Agency, and the Superior Court of Guam Probation and Marshals.
Justice Department Files Federal Lawsuit Against Bridges Consulting Inc. of Annapolis Junction, Maryland, for Violating the Employment Rights of Coast Guard ReservistRead the Press Release
The Justice Department today announced the filing of a complaint in the U.S. District Court for the District of Maryland against Bridges Consulting, Inc. (Bridges), a government contractor based in Annapolis Junction, Maryland. The complaint alleges that Bridges violated the employment rights of Lieutenant Commander Bobby L. Lindsay (Lindsay), a reservist in the United States Coast Guard, under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
According to the complaint, filed by the United States on Lindsay’s behalf, Bridges violated Lt. Commander Lindsay’s USERRA rights under 38 U.S.C. §§ 4311, 4312 & 4313 by failing to promptly reemploy him upon his return from deployment, by terminating his employment, and by retaliating against him because he complained when funds were withdrawn from his Bridges retirement account.
Lt. Commander Lindsay, who has served more than 30 years in the Armed Forces, was a senior manager for Bridges, where he had worked since 2012. Lindsay deployed for a scheduled three-month tour of duty with the Coast Guard in June 2014; in July 2014, Lindsay found out that Bridges’ contributions to his retirement account had been abruptly withdrawn. After receiving no explanation from the company, Lindsay complained to federal entities, which notified Bridges of his complaint. In September 2014, Lindsay indicated to Bridges that he expected to return to work at the conclusion of his deployment. In turn, Bridges informed Lindsay that he was no longer an employee and that security would be called if he returned to work. Lindsay has since applied to multiple positions at Bridges, but has not been re-hired.
“This lawsuit is another example of the Department of Justice’s unwavering commitment to protecting the employment rights of the members of our armed forces,” said Acting Assistant Attorney General John M. Gore of the Civil Rights Division. “The men and women of our reserve forces deserve the peace of mind that their civilian employment will be there when they return from serving our country.”
The lawsuit filed by the United States seeks damages equal to the amount of Lindsay’s lost wages and benefits, as well as liquidated damages resulting from Bridges’ willful failure to comply with USERRA.
Congress enacted USERRA to reduce employment disadvantages faced by non-career service members; to provide prompt reemployment for returning service members; to minimize disruption to the lives of those performing military service, their employers and others; and to prohibit discrimination and retaliation against those who serve in the uniformed services.
This case stems from a referral by the U.S. Department of Labor (DOL) following an investigation by DOL’s Veterans’ Employment and Training Service. The litigation is being handled by the Department of Justice’s Civil Rights Division.
Federal and State Trustees Reach $4.5 Million Settlement with Three Companies for Natural Resource Damages Incurred at Sheboygan River & Harbor Superfund SiteRead the Press Release
The United States and the State of Wisconsin today announced three settlements totaling in excess of $4.5 million with Tecumseh Products Co., Thomas Industries, Inc., and Wisconsin Public Service Corp. to resolve claims for natural resource damages at the Sheboygan River & Harbor Superfund Site brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund Law. The Sheboygan River Site encompasses the lower 14 river miles of the Sheboygan River, from Sheboygan Falls downstream to and including the Sheboygan Harbor in Lake Michigan, as well as adjoining floodplain areas.
According to the complaint, filed simultaneously with the settlement today in the Eastern District of Wisconsin, the three companies are liable for historic industrial discharges of polychlorinated biphenyls (PCBs) and/or polycyclic aromatic hydrocarbons (PAHs) at the Sheboygan River Site. PCBs and PAHs were identified in river sediments at different locations throughout the Site in sufficient concentrations to cause injury to many types of natural resources, including invertebrates, fish, amphibians, birds, and mammals. In addition, PCB and PAH-contaminated natural resources resulted in the loss of recreational fishing services.
“The restoration work enabled by this settlement will make significant contributions to the environment in the area of the Sheboygan River and nearby Lake Michigan,” said Acting Assistant Attorney General Jeffrey H. Wood of the Department of Justice’s Environment and Natural Resources Division. “We are particularly pleased to have been able to work alongside the State of Wisconsin, the U.S. Department of Interior, and the National Oceanic and Atmospheric Administration to achieve this positive outcome.”
Under CERCLA, federal and state natural resource trustees have authority to seek compensation for natural resources harmed by hazardous industrial waste and by-products discharged into the Sheboygan River. The natural resource trustees include the U.S. Department of the Interior, acting through the U.S. Fish and Wildlife Service; the U.S. Department of Commerce, acting through the National Oceanic and Atmospheric Administration; and the Wisconsin Department of Natural Resources. The proposed settlements require payment of $1,295,500 to Sheboygan County as partial reimbursement for costs it incurred in acquiring the Amsterdam Dunes restoration project area for preservation and include $2,532,500 to be used on preservation and restoration activities consistent with a proposed Restoration Plan/Environmental Assessment that is also being made available for public review and comment today. Of the possible alternatives, the draft Restoration Plan recommends preservation and implementation of restoration activities at the Willow Creek and Amsterdam Dunes project properties. The remainder of the settlement funds will reimburse trustee agencies for their work at the site.
The three Defendants previously paid approximately $32 million to clean up the Sheboygan River and Harbor Superfund site under prior agreements with the U.S Environmental Protection Agency. Additional millions of dollars were invested by the federal government through the Great Lakes Restoration Initiative along with state, city and county funds to further speed river restoration and restore navigation to the Sheboygan River.
“The Sheboygan River and its wetlands provide important habitats for migratory birds and fish, and support hunting and fishing activities for local residents,” said Charlie Wooley, Deputy Midwest Regional Director for the U.S. Fish and Wildlife Service. “Today’s settlement means we can help natural resources affected by PCBs and other contaminants, and at the same time, benefit local communities. We look forward to working with local conservation organizations to protect and restore important habitat.”
The former Schuchardt farm property, approximately 140 acres within the City of Sheboygan, will be protected to create the Willow Creek Preserve. Willow Creek is a unique natural feature within an urban environment, supporting a diverse habitat mix along it and the Sheboygan River. Conservation of Willow Creek has been identified as a high priority for maintaining and improving fish and wildlife populations and habitat in the Sheboygan River area. Under the Preferred Alternative, settlement funds would be used to transfer the 140 acres from the City to the Glacial Lakes Conservancy, a private, non-profit land conservation organization in the Sheboygan area, and for habitat restoration and recreational fishing enhancements.
“We are excited to continue the restoration work with our partners in the City of Sheboygan and Sheboygan County on this incredible resource. The projects that will be implemented will provide additional benefits to the local community and this wonderful river and coastal area.” said Patrick Stevens, Administrator of the Environmental Management Division at the Wisconsin Department of Natural Resources.
Amsterdam Dunes consists of 184 acres abutting Lake Michigan within the Sheboygan River Basin, just north of the Ozaukee-Sheboygan County line. Amsterdam Dunes is a place of unique coastal habitats and wildlife, and consists of remnants of natural lands and waters that have largely disappeared from Wisconsin’s landscape. The Trustees have worked with Sheboygan County to identify potential restoration options within Amsterdam Dunes, including restoration of wetland hydrology, stream habitat improvements, invasive species management, and conversion of agricultural land to more ecologically valuable habitat.
“We're pleased to contribute NOAA's expertise to these projects in Sheboygan County that preserve approximately 324 acres of important ecological habitat and support more recreational opportunities and public access,” said W. Russell Callender, assistant NOAA administrator for the National Ocean Service.
The consent decree is subject to a 30-day public comment period and final approval by the court. A copy of the consent decree is available on the Department of Justice web site at www.usdoj.gov/enrd/Consent_Decrees.html.
The draft Restoration Plan/Environmental Assessment is also subject to a 30 day public comment period and is available for review at https://www.fws.gov/midwest/es/ec/nrda/SheboyganHarbor or at the Mead Public Library.
National Security Division Announces Agreement with Netcracker for Enhanced Security Protocols in Software DevelopmentRead the Press Release
Netcracker Technology Corp. (NTC), a global software company serving the telecommunications industry, has agreed to implement enhanced security protocols for software development, implementation, and its other services to clients, many of whom are part of the United States’s critical communications infrastructure, announced Dana Boente, Acting Assistant Attorney General of the Justice Department’s National Security Division and U.S. Attorney for the Eastern District of Virginia. NTC is headquartered in Waltham, Massachusetts, and is a wholly owned subsidiary of NEC Corp.
The enhanced security protocols are designed to increase information security by regulating remote access to U.S. company networks and transfers of sensitive data. The protocols are being implemented as part of a Non-Prosecution Agreement, which resolves a criminal investigation described in a statement of facts, both of which are accessible here and here.
"We are pleased Netcracker has agreed to invest in enhanced security protocols that will reduce the risk of unauthorized access to its clients’ sensitive data,” said Acting Assistant Attorney General Boente. “As threats to our critical infrastructure increase, especially from abroad, these protocols serve as a model for the kind of security that U.S. critical infrastructure should expect from the firms they use to develop, install, and maintain technology in their networks.”
Netcracker, like most major software companies, develops software in many countries. Netcracker worked as a subcontractor on two federal government contracts with the Defense Information Systems Agency (DISA), a combat support agency of the U.S. Department of Defense, and performed some product-support work from locations outside the United States, including Russia. The government determined in its investigation that various factors had resulted in an unacceptable degradation of the level of security DISA had intended to achieve. Netcracker denied wrongdoing and worked with the government to develop enhanced security protocols.
Under the agreement, Netcracker will make the enhanced security plan available to other members of the industry.
This case was investigated by the General Services Administration, Office of Inspector General; the FBI’s Washington Field Office; and the Department of Defense, Office of the Inspector General. Senior Trial Attorney Heather Schmidt and former Trial Attorney Wade Weems of the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division handled this case with Assistant U.S. Attorneys Whitney Russell and Jay Prabhu of the U.S. Attorney’s Office of the Eastern District of Virginia.
Attorney General Sessions Issues Statement on the Attempted Terrorist Attack in New York CityRead the Press Release
Today Attorney General Jeff Sessions issued the following statement on the attempted terrorist attack in New York City:
“The President is exactly correct about the changes we need to our immigration system. We have now seen two terrorist attacks in New York City in less than two months that were carried out by people who came here as the result of our failed immigration policies that do not serve the national interest—the diversity lottery and chain migration. The 20-year-old son of the sister of a U.S. citizen should not get priority to come to this country ahead of someone who is high-skilled, well educated, has learned English, and is likely to assimilate and flourish here.
“It is a failure of logic and sound policy not to adopt a merit-based immigration system. The President has asked Congress to work with him on ending the diversity lottery and chain migration. He has proposed switching to a merit-based system of immigration similar to the Canadian and Australian systems. That means welcoming the best and the brightest and turning away not only terrorists but gang members, fraudsters, drunk drivers, and child abusers. Such a merit-based system would make us safer and welcome individuals who would be best able to assimilate and flourish in our country.”
Joint Declaration of United States, Colombian, and Mexican Attorneys GeneralRead the Press Release
In the City of Cartagena, Colombia, on December 6th and 7th, 2017, the Attorney General of the United States of America, Jeff Sessions, the Attorney General of Colombia, Néstor Humberto Martínez Neira, and the Acting Prosecutor General of the United Mexican States, Alberto Elías Beltran, held the "Trilateral Summit Against Transnational Organized Crime.” The purpose of the summit was to renew the existing commitment to international judicial cooperation and to deepen joint strategies in the fight against transnational organized crime.
Throughout the summit, the Attorneys General evaluated diverse criminal phenomena linked to organized crime, such as narcotics trafficking, money laundering, public corruption, and human trafficking. This criminal activity has affected security and prosperity in the Americas. Thus, the Attorneys General believe that it is necessary to redouble each country’s efforts and fortify cooperation amongst all three countries in order effectively to combat this scourge.
In this regard, the three countries plan to develop and share strategies to effectively combat and dismantle organized criminal structures, in order to successfully address the multiple challenges posed by transnational organized crime.
In particular, the three countries plan to maximize collective law enforcement capabilities by:
1. Streamlining the exchange of information in real time among the investigative bodies in the three countries by utilizing law enforcement channels of communication whenever possible;
2. Prioritizing and collaborating in the interdiction of shipments of narcotics and its illicit proceeds;
3. Engaging in investigative strategies, where possible, to more effectively dismantle transnational criminal organizations;
4. Increasing the exchange of best practices to more effectively investigate and prosecute transnational criminal organizations; and
5. Developing joint capacity building and training programs for public sector actors responsible for criminal investigations and prosecutions, with a particular focus on organized crime, narcotics trafficking, money laundering, asset forfeiture, and public corruption.
Former North Charleston, South Carolina, Police Officer Michael Slager Sentenced to 20 Years in Prison for Federal Civil Rights OffenseRead the Press Release
Former North Charleston, South Carolina, Police Department (NCPD) Officer Michael Slager, 36, was sentenced to 20 years in prison today for his commission of a federal civil rights offense during his fatal shooting of Walter Scott, Jr. on April 4, 2015. This sentence resulted from the Court’s determinations that Slager’s actions in shooting Mr. Scott constituted second-degree murder, and his subsequent conduct constituted obstruction of justice as defined by federal sentencing guidelines.
Attorney General Jeff Sessions, Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Beth Drake of the District of South Carolina, Special Agent in Charge Alphonse “Jody” Norris of the FBI’s Columbia Division, Solicitor Scarlett A. Wilson of the Ninth Judicial Circuit, and Chief Mark Keel of the South Carolina Law Enforcement Division (SLED) announced today’s sentence by U.S. District Judge David C. Norton.
According to documents filed in connection with the guilty plea entered on May 2, 2017, Michael Slager, while acting as an NCPD Officer, willfully used deadly force on Walter Scott even though it was objectively unreasonable under the circumstances. Slager had stopped Scott’s vehicle after observing that a brake light was not working. During the stop, Scott fled on foot and Slager pursued him. During the foot chase, Slager deployed his Taser and Scott fell to the ground. Scott managed to get off of the ground and again run away. Scott was unarmed and running away when Scott fired eight shots at him from his department-issued firearm. Five shots hit Scott, with all of the bullets entering from behind. Scott died as a result of the injuries from Slager’s gunshots.
“Law enforcement officers have the noble calling to serve and protect,” Attorney General Sessions said. “Officers who violate anyone’s rights also violate their oaths of honor, and they tarnish the names of the vast majority of officers, who do incredible work. Those who enforce our laws must also abide by them—and this Department of Justice will hold accountable anyone who violates the civil rights of our fellow Americans. On behalf of the Department of Justice, I want to offer my condolences to the Scott family and loved ones.”
“This state, this nation, owe a tremendous thanks to the Scott family for their commitment to see this case through,” said U.S. Attorney Drake. “Their grace, their commitment are a lesson for us all. The South Carolina Law Enforcement Division, with the support of the FBI, conducted a thorough investigation that enabled us to build an excessive force case against former officer Michael Slager. I am so proud of the work put into this case by the dedicated law enforcement, victim advocates and trial teams at the state and federal level.”
“When a law enforcement officer—who swears an oath to protect and serve—violates the civil rights of an individual, it erodes the public’s trust in the entire law enforcement community,” said Special Agent in Charge Norris. “The FBI will always respond to these acts and support our state and local partners, like the South Carolina Law Enforcement Division (SLED), as we all strive to ensure the perpetrator meets justice. The excellent work of SLED, the United States Attorney’s Office, and the Civil Rights Division of the Department of Justice in bringing this matter to a close is to be commended.”
The federal case was prosecuted by Assistant U.S. Attorneys Nathan Williams and Alyssa Richardson of the District of South Carolina, Special Litigation Counsel Jared Fishman, and Trial Attorney Rose Gibson of the Civil Rights Division of the Department of Justice. The case was investigated by the FBI’s Columbia Division and the South Carolina Law Enforcement Division. The state case is being prosecuted by Scarlett A. Wilson and the Office of the Solicitor of the Ninth Judicial Circuit.
Deputy Attorney General Rod Rosenstein Selects Corey Ellis as Director of Asset Forfeiture AccountabilityRead the Press Release
Deputy Attorney General Rod Rosenstein today announced that Corey Ellis, First Assistant U.S. Attorney of the Western District of North Carolina, will serve as the Director of Asset Forfeiture Accountability within the Office of the Deputy Attorney General. Pursuant to Attorney General Jeff Sessions’s Oct. 16 memorandum, Ellis will coordinate the Department’s Asset Forfeiture Program, including reviewing complaints and ensuring compliance with the law.
“Many criminals transfer ill-gotten gains to relatives or friends, and others use couriers to transport cash. Civil asset forfeiture helps prevent crime by enabling the government to recover property when prosecuting the person caught holding it may not be appropriate or feasible,” Deputy Attorney General Rosenstein said. “Given his personal experience handling complex asset forfeiture litigation and his superb reputation as a manager, Corey Ellis will strengthen the Justice Department’s Asset Forfeiture Program and help us prevent crime while protecting the property rights of law-abiding people.”
Starting in January, Ellis will begin work on several Department priority initiatives, including the modernization of the National Asset Forfeiture Strategic Plan, updating the Asset Forfeiture Program’s policy guidance, and improving controls over the use of program funds.
Since November 2015, Ellis has served as the First Assistant U.S. Attorney for the Western District of North Carolina. In that position, he has managed an approximately 100-employee office and helped to coordinate complex white-collar crime prosecutions. He has also directed the office’s training in response to the Attorney General’s July 2017 Asset Forfeiture policy order.
Ellis previously served as an Assistant U.S. Attorney in the Asheville Division of the U.S. Attorney’s Office for the Western District of North Carolina, where he prosecuted cases involving federal lands, drug smuggling, firearm offenses, and violent crime. Mr. Ellis has also coordinated the District’s efforts to fight white-collar fraud, computer hacking, and intellectual property theft. Before becoming a federal prosecutor, he served as an Assistant District Attorney for the 29th Prosecutorial District in North Carolina for eight years.
Ellis received his J.D. from the University of Memphis in Tennessee with awards in trial advocacy and tax law, and his B.A. from Brown University.Department of Justice Recovers Millions in Criminal Proceeds via a First Time Forfeited Asset Sharing by Guernsey OfficialsRead the Press Release
United States prosecutors and investigators are recovering more than $14 million linked to two U.S. criminal cases, in which the money was laundered via Guernsey, thanks to a first-time ever sharing of forfeited assets by Guernsey officials. Guernsey is a significant offshore financial center located in the English Channel near the coast of France.
“The United States and Guernsey have a valued and close law enforcement relationship, and this first-ever asset sharing from Guernsey to the United States is the latest outward sign of our strong ties,” said John P. Cronan, Acting Assistant Attorney General for the Department of Justice’s Criminal Division. “Today’s announcement sends a strong message that the Department of Justice and our counterparts in Guernsey will not rest until defendants are brought to justice and denied the illicit proceeds of their crimes.”
Guernsey Attorney General Megan M.E. Pullum, Q.C., and Guernsey Solicitor General Robert M. Titterington, Q.C., announced their commitment to transfer the funds to the United States under a bilateral asset sharing agreement that entered into force between Guernsey and the United States in February 2015. Their announcement came during a meeting with U.S. officials at the Department of Justice’s headquarters today.
The $14.3 million to be shared from Guernsey represents one half of the net proceeds recovered in that jurisdiction that stem from the two U.S. criminal cases, which are discussed below. Guernsey will retain an equal amount.
Most of the funds being transferred from Guernsey – more than $12.77 million – stem from Guernsey’s cooperation in connection with the prosecution of defendant Raymond Bitar and his associates by the United States Attorney for the Southern District of New York. In April 2013, Bitar pleaded guilty to unlawful internet gambling and conspiracy to commit bank fraud and wire fraud. He admitted to defrauding customers of his Full Tilt Poker operation by lying to them about the security of their funds held by Full Tilt Poker, and by falsely promising players that their funds would be protected in segregated accounts. Instead, Bitar and his accomplices used players’ funds for whatever purposes that Bitar directed, including to pay him and others millions of dollars and to cover the operating expenses of Full Tilt Poker. Ultimately, Full Tilt collapsed and was unable to pay players approximately $350 million that it owed to them. In connection with his plea and sentencing, Bitar agreed to forfeit $40 million dollars in money and other property derived from his offenses, including the funds he maintained in Guernsey.
The United States Marshals Service expended significant work on the post-conviction tracing, recovery, and liquidation of the criminal assets of Bitar and his associates, both domestically and internationally. Between November 2012 and June 2015, the Justice Department’s Office of International Affairs sent a series of three Mutual Legal Assistance requests to the Guernsey authorities seeking their assistance with the tracing, restraint, forfeiture and recovery of the proceeds that had been laundered to Guernsey. In response to those requests, the Guernsey authorities used domestic proceedings to block the Bitar accounts, provided bank records that facilitated the U.S. investigation and forfeiture, and ultimately gave effect to the final U.S. judgment of forfeiture and liquidated the accounts.
The remaining funds to be shared by Guernsey – more than $1.56 million – stemmed from the prosecution of defendant Paul Hindelang and his associates by the United States Attorney for the Southern District of Florida. Hindelang was large-scale importer of Colombian marijuana into the United States during the 1970s and 1980s. Similar to the Bitar case, Guernsey’s assistance in connection with the Hindelang case ultimately included the registration and enforcement of a U.S. judgment of forfeiture against assets that were laundered to Guernsey and the liquidation of those assets.
This is the second time assets have been shared pursuant to a 2015 asset sharing agreement between the United States and Guernsey. In 2016, the Department of the Treasury shared more than $2 million with Guernsey in 2016. Guernsey has long been a reliable partner with the United States in the areas of anti-money laundering and forfeiture cooperation.
Representatives from the United States Marshals Service, Homeland Security Investigations, and the Office of International Affairs, who provided substantial assistance in this matter, also were on hand for the asset sharing announcement.
Attorney General Sessions Issues Memo Outlining Principles to Ensure That the Adjudication of Immigration Cases Serves the National InterestRead the Press Release
Today, as part of a continued effort to return the rule of law to America’s immigration system in order to serve national interest, Attorney General Jeff Sessions released a memo to the Executive Office for Immigration Review (EOIR) renewing the Justice Department’s commitment to timely and efficient adjudication of immigration cases. The memo expresses the Attorney General’s appreciation for the progress made since the beginning of the Trump Administration, encourages EOIR personnel to identify new efficiencies in their operations, and articulates five core principles that EOIR personnel should support and adhere to when adjudicating immigration cases.
The Justice Department’s commitment to the timely and efficient adjudication of immigration cases is the foundation of EOIR’s Caseload Reduction Plan—a series of common-sense reforms that aim to reduce the so-called “backlog” by realigning the agency towards completing cases, increasing both productivity and capacity, and changing policies that lead to inefficiencies and delay justice. EOIR is also committed to hiring additional immigration judges—with 50 brought on board since January 20, and another 60 additional who will be hired in the next six months—which, when combined with new efficiencies in the system, will ensure that EOIR’s mission of fairly, expeditiously, and uniformly administering the immigration laws is fulfilled.
EOIR released data on orders of removal, voluntary departures, and final decisions for the first 10 months of the Trump Administration.
The data released for Feb. 1, 2017 – Nov. 30, 2017 is as follows:
- Total Orders of Removal [1]: 87,063
- Up 30 percent over the same time last year
- Total Orders of Removal and Voluntary Departures [2]: 100,180
- Up 34 percent over the same time last year
- Total Final Decisions [3]: 127,570
- Up by roughly 18,200 decisions (16.6 percent) over the same time last year
The Department of Justice will continue to review internal practices, procedures, and technology in order to identify ways in which it can further enhance Immigration Judges’ productivity without compromising due process.
“The state of our nation’s immigration court system has major implications on national security, public safety, and labor markets. With today’s memo, the Attorney General reaffirms his commitment to the rule of law and to the timely and proper adjudication of immigration court cases,” said Executive Office for Immigration Review Acting Director James McHenry. “EOIR has already begun to see the effects of this commitment, and—with the same dedication from EOIR staff, attorneys, and judges—can further work toward realizing our goal of cutting the pending caseload in half by 2020.”
[1] An “order of removal” by an Immigration Judge allows in the removal of an illegal alien from the United States by the Department of Homeland Security.
[2] Under an order of “voluntary departure”, an illegal alien agrees to voluntarily depart the United States by a certain date. If the illegal alien does not depart, the order automatically converts to an order of removal.
[3] A “final decision” is one that ends the proceeding at the Immigration Judge level such that the case is no longer pending.
- Total Orders of Removal [1]: 87,063
Attorney General Jeff Sessions Announces James A. Crowell IV as Acting Director for the Executive Office for U.S. AttorneysRead the Press Release
Attorney General Jeff Sessions today announced that James A. Crowell IV has been named Acting Director for the Executive Office for U.S. Attorneys (EOUSA).
“Jim Crowell is an exceptional career prosecutor, who has served with distinction in a variety of leadership roles in the Department of Justice,” said Attorney General Sessions. “Jim has been an outstanding public servant and principled leader. I am grateful he has agreed to take on this responsibility, and I look forward to continuing to work with him and the U.S. Attorneys as we continue our efforts to deter crime, promote the rule of law, and ensure equal justice for everyone.”
Prior to this appointment, James Crowell served as Chief of Staff to the Deputy Attorney General, Associate Deputy Attorney General, and Acting Principal Associate Deputy Attorney General. Before joining the Deputy Attorney General's office, Crowell was the Criminal Chief in the U.S. Attorney’s Office for the District of Maryland, where he began as an Assistant United States Attorney. As Criminal Chief, Crowell oversaw the work of over 85 Assistant U.S. Attorneys involved in criminal prosecutions, including national security, violent crime, fraud and corruption, cybercrime, narcotics, asset forfeiture, and money laundering, as well as the Anti-Terrorism Advisory Council, Organized Crime Drug Enforcement Task Force, Project Safe Child, Project Safe Neighborhoods, and related anti-crime programs. Crowell also served as the Chief of the Southern Division.
James Crowell is the recipient of numerous law enforcement awards, including all three of the Department of Defense’s highest civilian awards, recognizing his effort to combat contract fraud and corruption involving military contracts.The Justice Department’s Antitrust Division Attends Organisation for Economic Co-operation and Development (OECD) MeetingsRead the Press Release
A delegation from the U.S. DOJ Antitrust Division, including Deputy Assistant Attorney General Roger Alford, is attending meetings of the OECD Competition Committee in Paris this week.
The OECD Competition Committee, which includes 35 member countries and the European Union, as well as non-member participants, experts and other invitees, brings together leaders of the world’s major competition authorities for a dialogue on competition policy issues, including best practices and standards, and promotes market-oriented reforms.
Among the panels scheduled for this week’s meeting are the extraterritorial reach of remedies in antitrust cases, the role of safe harbors and presumptions in antitrust law, and emerging issues related to common ownership by institutional investors. The U.S. submissions on these topics, as well as the submissions by other OECD members, are available on the OECD Competition Committee’s website at http://www.oecd.org/daf/competition/roundtables.htm.
The Justice Department and Environmental Protection Agency Reach Agreement with Husqvarna to Resolve Production Line Test Reporting ViolationsRead the Press Release
Swedish company Husqvarna AB and its U.S. affiliate, Husqvarna Consumer Outdoor Products N.A., Inc., have agreed to pay a $2.85 million civil penalty to resolve alleged violations of the Clean Air Act, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today.
The agreement is a result of Husqvarna’s failure to provide EPA with complete and accurate emissions testing information relating to engines used in handheld lawn, garden and forestry equipment manufactured during the 2011-2013 period. Today’s agreement, filed with the Federal District Court in the District of Columbia, requires Husqvarna to pay a $2.85 million civil penalty.
As a result of EPA’s investigation, Husqvarna agreed to reduce its emission credit balance by approximately 1,700 tons and improve quality assurance measures related to manufacturing, testing and reporting emissions from outdoor power products, such as trimmers, leaf blowers, and chainsaws. Consumers and professional users of these products, which are sold under various brand names, will benefit from reductions in emissions from products the company sells in the future.
“This settlement demonstrates the Department’s commitment to enforcing federal clean air laws,” said Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division. “Working with our partners at EPA, we will continue to uphold the integrity of emissions testing programs to ensure clean air for the American people.”
“As a result of this investigation, Husqvarna’s products will produce less air pollution, which means cleaner air for consumers and American communities,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “EPA is committed to both making sure internal combustion engines perform as designed and holding accountable manufacturers who fail to properly test or report how much air pollution those engines emit.”
Engines sold in the United States must meet applicable emission standards for hydrocarbon and oxides of nitrogen, both ozone precursors. To demonstrate compliance with these standards, manufacturers must perform “production line testing” on a select number of engines from each “engine family” to verify that engines within the engine family as a whole meet the applicable emission standards. Manufacturers must then report certain information to EPA about their production line testing.
During an audit of Husqvarna’s production line testing reports conducted by EPA’s Office of Transportation and Air Quality and a subsequent investigation by EPA’s Office of Enforcement and Compliance Assurance, EPA found pervasive errors in the way Husqvarna was determining the minimum number of engines to test and the way Husqvarna was determining whether engine families were meeting the applicable emission standards. In all, EPA determined that Husqvarna submitted incomplete and inaccurate production line testing reports for 119 separate engine families.
Husqvarna is the largest manufacturer of handheld engines and equipment for the U.S. market. Husqvarna manufactures and tests its handheld lawn, garden and forestry equipment in Huskvarna, Sweden and Nashville, Arkansas, and its United States headquarters is located in Charlotte, North Carolina.
For more information, go to https://www.epa.gov/enforcement/husqvarna-ab-and-husqvarna-consumer-outdoor-products-na-inc-clean-air-act-settlement.
Special Counsel’s Office Statement of Expenditures: May 17, 2017 – Sept. 30, 2017Read the Press Release
Please find the link to the Special Counsel’s Office Statement of Expenditures, May 17, 2017 to September 30, 2017 here. This statement has also been provided to the Senate Committee on the Judiciary and the House Committee on the Judiciary.
As required by regulation, the Special Counsel, with the assistance of the Department’s Justice Management Division, developed a proposed budget, which was then reviewed and approved by the Deputy Attorney General. The Statement reflects the Special Counsel’s spending within the approved budget. Consistent with past practice, the Statement showing actual spending is being made public today.
The Justice Management Division will conduct a similar review every six months. The next Statement of Expenditures will be released after March 31, 2018.Justice Department and ATF Begin Regulatory Process to Determine Whether Bump Stocks Are ProhibitedRead the Press Release
The Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced today that it has begun the process of promulgating a federal regulation interpreting the definition of “machinegun” under federal law to clarify whether certain bump stock devices fall within that definition.
"The Department of Justice has the duty to enforce our laws, protect our rights, and keep the American people safe," Attorney General Sessions said. "Possessing firearm parts that are used exclusively in converting a weapon into a machine gun is illegal, except for certain limited circumstances. Today we begin the process of determining whether or not bump stocks are covered by this prohibition. We will go through the regulatory process that is required by law and we will be attentive to input from the public. This Department is serious about firearms offenses, as shown by the dramatic increase in firearms prosecutions this year. The regulatory clarification we begin today will help us to continue to protect the American people by carrying out the laws duly enacted by our representatives in Congress."
ATF has taken the initial step in this regulatory process by drafting an Advanced Notice of Proposed Rulemaking (ANPRM) and submitting it to the Office of Management and Budget. The ANPRM will provide the public and industry the opportunity to submit formal comments to ATF about bump stocks to inform ATF’s decision regarding further steps in the rulemaking process. The federal rulemaking process follows procedures required by the Administrative Procedure Act (APA). ATF and the Department will proceed in accordance with this process as quickly as possible.
The National Firearms Act of 1934 (NFA) and Gun Control Act of 1968 (GCA) strictly regulate the possession and transfer of machineguns, making it unlawful for any person to possess a machinegun that was not lawfully possessed prior to the statute’s effective date. Manufacturers and inventors may voluntarily submit devices to ATF for a “classification,” that is, a determination as to whether the device is considered a firearm or machinegun under federal law. If a device is not classified as a firearm or machinegun, it is deemed to be a part or accessory that is not subject to regulation by ATF.
Former Procurement Officer at Federally Funded Nuclear Research and Development Facility Pleads Guilty to Wire Fraud and Money LaunderingRead the Press Release
A former procurement officer employed at Sandia Corporation, the prime operator of a federally funded nuclear research and development facility, pleaded guilty today to charges of wire fraud and money laundering for orchestrating a scheme to obtain approximately $2.3 million in federal funds through fraudulent means and for laundering fraudulently obtained proceeds through her father’s companies.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division made the announcement.
Carla Sena, 55, of Santa Rosa, New Mexico, pleaded guilty to one count of wire fraud and one count of money laundering before U.S. District Chief Judge M. Christina Armijo in the District of New Mexico. Sentencing will be scheduled at a later date before Judge Armijo.
According to the plea documents, Sena’s employer, Sandia Corporation, managed and operated Sandia National Laboratories (SNL), a nuclear research and development facility owned by the federal government under sponsorship of the U.S. Department of Energy (DOE). In late 2010, Sena managed the bidding process for the award of a multi-million-dollar contract for moving services at SNL. Sena admitted that, in anticipation of the bidding process for this contract, she created the company, New Mexico Express Movers LLC (Movers LLC), to which she awarded the multi-million-dollar contract. Sena prepared a bid on Movers LLC’s behalf containing fraudulent misrepresentations, and submitted the bid under the name of an individual who had no knowledge of Movers LLC to conceal her involvement. Sena also admitted that she used her position of trust to access inside information and competing bidders’ documents that she leveraged to ensure award of the contract to Movers LLC.
As a direct result of Sena’s fraudulent scheme, Movers LLC received approximately $2.3 million in federal funds between May 2011 and April 2016. Sena also admitted that, between October 2011 and April 2015, she transferred via negotiated checks at least $643,000 of the fraudulently obtained proceeds to legitimate businesses owned by her father with the intent to conceal the source and control of those funds and her subsequent personal gain from the proceeds.
The DOE Office of Inspector General investigated the case. Trial Attorneys Victor R. Salgado and Rebecca Moses of the Criminal Division’s Public Integrity Section are prosecuting the case.
Saipan Restaurant Distributes $40,000 in Back Pay to U.S. Workers Under Justice Department SettlementRead the Press Release
The Justice Department announced today that J.E.T. Holding Co. Inc. (JET) has paid $40,000 to nine U.S. citizens pursuant to a settlement with the department. The payments, which JET distributed last week, are part of a Jan. 17, 2017, settlement that resolved claims that JET discriminated against U.S. workers in favor of temporary foreign visa workers, in violation of the Immigration and Nationality Act (INA).
In its investigation leading up to the settlement, the department found that from approximately January to June 2016, JET, which operates a restaurant in Saipan, routinely refused to hire qualified U.S. citizens and other work-authorized individuals, including lawful permanent residents, for dishwasher positions because of their citizenship status. Instead, JET preferred to fill the positions with temporary foreign visa workers, according to the department’s investigation. Under the INA, employers cannot prefer to hire temporary foreign visa workers over available and qualified U.S. workers based on citizenship status. Individuals born in Saipan are U.S. citizens and its population includes work-authorized lawful permanent residents, asylees and refugees.
After the investigation was resolved through a settlement, the department’s Civil Rights Division and the United States Attorney Office for the District of Guam collaborated to identify individuals affected by the alleged discrimination. The department determined that nine U.S. citizens were eligible to receive back pay, and the payments JET distributed to them last week exhausted the $40,000 back pay fund established under the agreement.
“We are pleased that U.S. workers received back pay to compensate them for the discrimination they faced, and that JET has worked to improve its hiring practices,” said John M. Gore, Acting Assistant Attorney General of the Civil Rights Division. “The Justice Department is committed to holding employers accountable when they place U.S. workers in a second class status.”
The division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The law prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation; and intimidation.
In February 2017, IER launched its Protecting U.S. Workers Initiative, an initiative aimed at targeting, investigating, and bringing enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers. IER filed the first suit as part of the Initiative in October against a Loveland, Colorado, company for allegedly discriminating against U.S. workers.
To learn more about the protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php; email [email protected]; or visit IER’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.
Saipan Restaurant Distributes $40,000 in Back Pay to U.S. Workers Under Justice Department SettlementRead the Press Release
WASHINGTON – The Justice Department announced today that J.E.T. Holding Co. Inc. (JET) has paid $40,000 to nine U.S. citizens pursuant to a settlement with the department. The payments, which JET distributed last week, are part of a Jan. 17, 2017, settlement that resolved claims that JET discriminated against U.S. workers in favor of temporary foreign visa workers, in violation of the Immigration and Nationality Act (INA).
In its investigation leading up to the settlement, the department found that from approximately January to June 2016, JET, which operates a restaurant in Saipan, routinely refused to hire qualified U.S. citizens and other work-authorized individuals, including lawful permanent residents, for dishwasher positions because of their citizenship status. Instead, JET preferred to fill the positions with temporary foreign visa workers, according to the department’s investigation. Under the INA, employers cannot prefer to hire temporary foreign visa workers over available and qualified U.S. workers based on citizenship status. Individuals born in Saipan are U.S. citizens and its population includes work-authorized lawful permanent residents, asylees and refugees.
After the investigation was resolved through a settlement, the department’s Civil Rights Division and the United States Attorney Office for the District of Guam collaborated to identify individuals affected by the alleged discrimination. The department determined that nine U.S. citizens were eligible to receive back pay, and the payments JET distributed to them last week exhausted the $40,000 back pay fund established under the agreement.
“We are pleased that U.S. workers received back pay to compensate them for the discrimination they faced, and that JET has worked to improve its hiring practices,” said John M. Gore, Acting Assistant Attorney General of the Civil Rights Division. “The Justice Department is committed to holding employers accountable when they place U.S. workers in a second class status.”
The division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The law prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation; and intimidation.
In February 2017, IER launched its Protecting U.S. Workers Initiative, an initiative aimed at targeting, investigating, and bringing enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers. IER filed the first suit as part of the Initiative in October against a Loveland, Colorado, company for allegedly discriminating against U.S. workers.
To learn more about the protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php; email [email protected]; or visit IER’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.
Justice Department Seeks to Shut Down Florida Tax Return PreparersRead the Press Release
The United States filed two civil injunction suits seeking to bar three siblings who prepare tax returns and their businesses from owning, operating, or franchising a tax return preparation business and preparing tax returns for others, the Justice Department announced today. The United States filed one complaint against Herve Erilus of Cocoa, Florida, and his business, Herve Erilus LLC. The government filed a second complaint against Gerline Erilus of Orlando, Florida and her two businesses, Gerline Erilus LLC and Elite Multi-Services LLC, and St. Fonie Erilus of Apopka, Florida and her two businesses, St. Fonie Erilus LLC and The Diversified Finance Solutions LLC.
The complaints, both filed in United States District Court in Florida, also request that the court require the Eriluses and their businesses to disgorge ill-gotten fees that they obtained from the U.S. Treasury through the alleged false tax return preparation.
According to the complaints, the Eriluses and their tax preparation businesses prepare and file tax returns to falsely increase their customers’ refunds, and profit through exorbitant, often undisclosed fees—at the expense of their customers and the Treasury.
The complaints allege that the Eriluses engage in misconduct, including:
- Falsely claiming the Earned Income Tax Credit
- Claiming improper filing status (i.e. head of household for married individuals)
- Fabricating businesses and related business income and expenses
- Fabricating deductions
- Charging deceptive and unconscionable fees
According to the complaints, the Eriluses worked at LBS Tax Services, and their brother, Walner Gachette, through Loan Buy Sell Inc., is the former franchisor of LBS. Since September 2014, the United States has filed 17 lawsuits in Florida and North Carolina including a suit against Gachette and suits against dozens of alleged former LBS franchisees and managers, many of whom, according to the complaints, rebranded and continued to operate tax preparation businesses. Through these lawsuits, the United States has obtained numerous permanent injunctions and money judgments disgorging millions in ill-gotten tax preparation fees.
Return preparer fraud is one of the IRS's Dirty Dozen Tax Scams for 2017. The IRS has some tips on their website for choosing a tax preparer. 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 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.
Two Real Estate Investors Sentenced for Rigging Bids at Northern California Public Foreclosure AuctionsRead the Press Release
Two real estate investors were sentenced yesterday for their role in a conspiracy to rig bids at public foreclosure auctions in Northern California, the Department of Justice announced.
Gregory Casorso and Javier Sanchez were charged on Nov. 19, 2014, in an indictment returned by a federal grand jury in the Northern District of California. Casorso and Sanchez were convicted after trial on June 2, 2017, of conspiring to rig bids at foreclosure auctions in Alameda County, California. Sanchez was also convicted of bid rigging in Contra Costa County, California. Yesterday, Casorso was sentenced to serve 18 months in prison. In addition to his term of imprisonment, Casorso was ordered to pay a criminal fine of $20,000. Sanchez was sentenced to serve 21 months in prison. Sanchez was also ordered to pay a criminal fine of $88,140.
“The Division remains committed to seeking appropriate sentences, including prison terms and criminal fines, for individuals—like the real estate investors sentenced yesterday—who have been convicted of antitrust crimes that thwart free market competition,” said Assistant Attorney General Makan Delrahim of the Department of Justice Antitrust Division. “We offer our thanks to our law enforcement partners at the FBI for their valuable work on this investigation.”
The evidence at trial showed that Casorso and Sanchez conspired with others to rig bids for hundreds of properties sold at foreclosure auctions. The conspirators designated the winning bidders to obtain selected properties at the public auctions and negotiated payoffs among themselves in return for not competing with one another. They subsequently conducted private auctions among themselves at or near the courthouse steps where the public auctions were held, awarding the properties to the conspirators who submitted the highest bids in those private auctions.
When properties are sold at public auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with the remaining proceeds paid to the homeowner.
The sentence is a result of an ongoing investigation into bid rigging at public real estate foreclosure auctions in California’s San Francisco, San Mateo, Alameda, and Contra Costa counties, which is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.
Readout of Associate Attorney General Rachel Brand Trip to Ottawa, Canada for Trilateral Summit on Violence Against Indigenous Women and GirlsRead the Press Release
Associate Attorney General Rachel Brand traveled to Ottawa, Canada on Thursday, Nov. 30, to lead the U.S. delegation in the Trilateral Summit on Violence Against Indigenous Women and Girls. This is the second meeting of the trilateral working group. The first was hosted by the U.S. in 2016 and next year’s meeting will be in 2018, hosted by Mexico.
Associate Attorney General Brand met with Carolyn Bennett, Minister of Canada’s Crown-Indigenous and Northern Affairs and Ismerai Betanzos Ordaz, Indigenous Rights Coordinator, Mexican Commission on the Development of Indigenous Rights.
“Tackling the issue of violence against Indigenous women and girls in our region and in the U.S. is not only a matter of criminal justice, but a moral imperative,” said Associate Attorney General Brand.
During the event, the three countries agreed to continue to prioritize the discussions, committing to continue the dialogue in 2018. Government representatives, in partnership with Indigenous women from across North America, will participate in events during the upcoming year, in preparation for the next meeting, which will be hosted by Mexico in the fall of 2018.
Themes discussed at this meeting were the importance of meaningful consultation with indigenous women regarding solutions to violence; promising practices for improving criminal justice responses to violent crimes against Indigenous women and girls; and the need for rigorous data collection to understand the full extent of domestic and sexual violence and human trafficking in Indigenous communities.
To address this need for data, Associate Attorney General Brand has directed the Department’s National Institute of Justice to adapt an ongoing study on violence in Indian Country to add an inquiry about the prevalence rates of human trafficking of American Indian and Alaska Native women and girls.
Canada, Mexico and the United States of America were also pleased to welcome Indigenous women from their respective countries to attend the event as full partners in order to ensure that their voices were included in the discussions. Indigenous women shared their experiences and perspectives, contributing to the development of outcomes for the working group.
The Department of Justice remains committed to addressing violence against indigenous women and girls in all of its forms through aggressive law enforcement and programs that serve victims. The Department is committed to working with our international partners to share information and develop capabilities to address cross-border crimes like sex and labor trafficking together.
Associate Attorney General Brand’s visit supports the Justice Department’s continuing efforts under the Task Force on Crime Reduction and Public Safety.Immigration Attorney Pleads Guilty to Fraud Scheme and Identity Theft in Relation to Visa ApplicationsRead the Press Release
An Indianapolis, Indiana immigration attorney pleaded guilty today for defrauding the U.S. Citizenship and Immigration Services (USCIS) and more than 250 of his clients by filing false visa applications and reaping approximately $750,000 in fraudulent fees.
Attorney General Jeff Sessions, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and Special Agent in Charge James M. Gibbons of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) in Chicago made the announcement.
Indianapolis immigration attorney Joel Paul, 45, of Fishers, Indiana pleaded guilty before U.S. District Judge Jane E. Magnus-Stinson of the Southern District of Indiana to an information charging him with one count each of mail fraud, immigration document fraud, and aggravated identity theft in connection with a scheme to submit fraudulent U-visa applications. Sentencing will be scheduled before Judge Magnus-Stinson in early 2018.
“Individuals who commit immigration fraud undermine and abuse our generous immigration system—a system that lawfully admits more immigrants than any other country in the world—and put our public safety and national security at risk,” said Attorney General Sessions. “President Trump promised voters he would return this country to a lawful system of immigration, and this Justice Department is committed to fulfilling that promise by rooting out fraud and abuse. We will not tolerate fraud at any level, and will bring those who engage in fraud to justice.”
According to the plea agreement, Paul admitted that from 2013 to 2017, he submitted more than 250 false Applications for Advance Permission to Enter as a Nonimmigrant on behalf of his clients and without their knowledge. Those applications falsely asserted that Paul’s clients had been victims of a crime and had provided substantial assistance to law enforcement in investigating the crime. With approximately 200 of the false applications, Paul submitted unauthorized copies of a certification he had obtained from the U.S. Attorney’s Office (USAO) for the Southern District of Indiana in 2013, using the certification without the USAO’s knowledge to falsely claim that the applicant had provided substantial assistance in a criminal prosecution. In total, Paul charged his clients approximately $3,000 per application.
HSI investigated the case. Trial Attorneys Molly Gaston, Peter M. Nothstein, and Amanda Vaughn of the Criminal Division’s Public Integrity Section are prosecuting the case.
Individuals who believe they may have been victims of the scheme described above or who have information about this matter can contact the Department of Justice by phone at (202) 514-1412.
Former Police Officer Pleads Guilty to Exploiting his Authority by Sexually Assaulting an IndividualRead the Press Release
Jerry Lynn Gragg, 40, a former police officer with the Savanna Police Department in Pittsburg County, Oklahoma, pleaded guilty today in federal court in Muskogee, Oklahoma, to one count of violating the civil rights of a female whom he sexually assaulted during a routine traffic stop.
According to court documents, on Jan. 21, 2017, Gragg, while on-duty, stopped a vehicle during the early hours of the morning while it was still dark outside. After approaching the vehicle, Gragg brought the female driver back to his marked patrol unit and directed her to sit in the front passenger seat. Given the coercive power of Gragg’s position as a law enforcement offer, and the physical disparity in size between Gragg and the victim, she could not escape from the patrol car. Thereafter, Gragg caused the victim to perform a sexual act on him against her will. Gragg admitted that he knew what he was doing was wrong and against the law, yet he did so anyway. Gragg further admitted that his acts included aggravated sexual abuse, which under federal law, requires force or putting the victim in fear of bodily injury, kidnapping, or death.
“The Department of Justice will not tolerate law enforcement officers who exploit their authority to sexually abuse individuals in their custody, thinking their actions will go without consequence because of the power they wield,” said Acting Attorney General John M. Gore. “The Civil Rights Division will continue to vigorously prosecute these cases.”
"I commend the strength and courage exhibited by the victim of this heinous act to come forward and provide law enforcement with the information necessary to hold the Defendant accountable for violating his oath to protect and serve his community." said U.S. Attorney Brian Kuester. "While the majority of law enforcement officers follow the laws they are sworn to uphold, this Office will continue to investigate and prosecute those who choose otherwise."
“This deliberate abuse of authority is a disgrace and embarrassment to all members of the law enforcement community,” said FBI’s Oklahoma City Division Special Agent in Charge Kathryn Peterson. “There is an added sense of betrayal when a fellow law enforcement official preys on the citizens he has sworn to protect.”
The terms of the plea agreement require Gragg to forfeit his law enforcement certification and comply with federal and state sex offender registration requirements. A sentencing hearing has not been set.
This case is being investigated by the Oklahoma City Division of the FBI and the Oklahoma State Bureau of Investigation in cooperation with the Pittsburg County District Attorney’s Office and the Savanna Police Department. It is being prosecuted by Assistant United States Attorney Shannon Henson of the Eastern District of Oklahoma and Special Litigation Counsel Fara Gold of the Civil Rights Division of the U.S. Department of Justice.
Former Federal Agent Pleads Guilty to Accepting Bribes to Dismiss Indictment Against Colombian Narcotics KingpinRead the Press Release
A former U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Special Agent pleaded guilty today to accepting bribes in exchange for securing the dismissal of a drug trafficking indictment filed against a Colombian cocaine trafficker, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.
According to admissions in his plea agreement, Christopher V. Ciccione II, 52, of Phoenixville, Pennsylvania, accepted cash and other things of value and used his official position to cause a drug trafficking indictment against Colombian national Jose Bayron Piedrahita Ceballos to be dismissed and to obtain official authorization for Piedrahita and his family to enter the United States. Piedrahita and Colombian national Juan Carlos Velasco Cano, 49, gave Ciccione approximately $20,000 in cash, as well as dinner, drinks and prostitution during an extended hotel stay in Bogota, Colombia, in exchange for official acts that resulted in the dismissal of the indictment against Piedrahita. Velasco, who previously pleaded guilty, served as the intermediary between Ciccione and Piedrahita.
Ciccione admitted that in furtherance of this scheme to obstruct justice, he misled the U.S. Attorney’s Office and HSI management and altered law enforcement records to represent to decision makers that Piedrahita was a “former” suspect of a closed investigation, rather than a “current” subject, who was “never positively identified” and that his case should be dismissed— all while maintaining contact with Piedrahita. Ciccone also falsified the concurrence of several other federal agents and attempted to parole Piedrahita into the United States.
Ciccione will be sentenced on Feb. 9, 2018, before U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida. Piedrahita is currently incarcerated in the Republic of Colombia.
The U.S. Department of the Treasury’s Office of Foreign Assets Control designated Piedrahita as a Specially Designated Narcotics Trafficker pursuant to the Foreign Narcotics Kingpin Designation Act on May 3, 2016.
ICE’s Office of Professional Responsibility, Department of Homeland Security’s Office of Inspector General and the FBI investigated the case. The Criminal Division’s Office of International Affairs, the Office of the Judicial Attaché in Colombia and the Drug Enforcement Administration provided valuable assistance to the investigation. The Colombian Attorney General’s Office also provided invaluable support. Trial Attorneys Luke Cass and Jennifer A. Clarke of the Criminal Division’s Public Integrity Section are prosecuting the case.
Former Bank Executive Charged for Role in $15 Million Bank Loan SchemeRead the Press Release
A former Kansas bank executive was charged in an indictment filed today for his participation in a bank fraud scheme to obtain a $15 million construction loan from 26 Kansas banks based on allegedly false information contained in the loan documents.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge David Anderson of the Federal Deposit Insurance Corporation Office of Inspector General’s (FDIC-OIG) Kansas City Regional Office, Special Agent in Charge Karl A. Stiften of the Internal Revenue Service Criminal Investigation’s (IRS-CI) St. Louis Field Office, Special Agent in Charge Darrin E. Jones of the FBI’s Kansas City Field Office and Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency Office of Inspector General’s (FHFA-OIG) Central Region Office made the announcement.
Troy A. Gregory, 50, of Lawrence, Kansas, was charged in an indictment filed in the District of Kansas with one count of conspiracy to commit bank fraud, four counts of bank fraud, and two counts of false statements.
According to the indictment, Gregory was a bank executive and loan officer who had made millions of dollars in loans to a group of borrowers who were struggling to make payments on the loans. The indictment alleges that beginning in approximately late 2007, Gregory began the process of making a $15.2 million construction loan to build an apartment complex to that same group of borrowers. The indictment further alleges that Gregory’s bank shared this loan with 25 other Kansas banks. Gregory allegedly made or caused others to make false statements to the banks about the strength of the borrowers, the debt status of the apartment property and the existence of approximately $1.7 million in certificates of deposit for collateral on the loan, all to get the loan approved. Instead of using the loan funds promised for building the apartments, Gregory allegedly immediately diverted over $1 million of the loan to pay for part of the certificates of deposit pledged as collateral, pay off debt on the apartment property and make payments on unrelated loans. Other Kansas banks that shared in this loan allegedly would not have participated in the loan without the false representations and promises.
The indictment alleges that the banks ultimately wrote off millions of dollars on the $15.2 million construction loan.
An indictment is merely an allegation and all defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
The FDIC-OIG, IRS-CI, FBI and FHFA-OIG are investigating this matter. Trial Attorney Andrew R. Tyler and Senior Litigation Counsel David A. Bybee of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country, focusing on cases of national significance and international scope. Fraud Section prosecutors have vast experience in investigating and prosecuting securities and financial fraud, health care fraud and foreign corruption. The Section is routinely the national leader in large, sophisticated white collar investigations and prosecutions, frequently in partnership with U.S. Attorneys’ Offices and in coordination with foreign law enforcement agencies.
Attorney General Sessions Statement on the Verdict in People of the State of California vs. Jose Ines Garcia Zarate aka Juan Francisco Lopez SanchezRead the Press Release
“When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm. The Department of Justice will continue to ensure that all jurisdictions place the safety and security of their communities above the convenience of criminal aliens. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”
Abogado de Inmigración Se Declara Culpable por Haber Cometido Delitos de Fraude y Robo de Identidad en Relación con Solicitudes de VisaRead the Press Release
Un abogado de inmigración de Indianápolis, Indiana se declaró culpable de estafar al Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS) y a más de 250 de sus clientes al presentar solicitudes de visa falsas y percibir aproximadamente $750,000 en honorarios fraudulentos.
El Fiscal General Jeff Sessions, El Fiscal General Auxiliar en funciones, Lic. John P. Cronan de la División Penal del Departamento de Justicia, y el agente especial encargado del caso, James M. Gibbons de la Oficina de Investigaciones del Servicio de Inmigración y Control de Aduanas de los Estados Unidos (ICE-HSI) en Chicago, hicieron el anuncio.
El abogado de inmigración de Indianápolis, el Lic. Joel Paul, de 45 años de edad, con domicilio en Fishers, Indiana se declaró culpable ante la Jueza de Distrito de los Estados Unidos Jane E. Magnus-Stinson del Distrito Sur de Indiana en respuesta a una querella en la que se le imputa un cargo de fraude por correo, un cargo de fraude de documentos de inmigración y un cargo de robo de identidad con agravantes en relación con un esquema para presentar las solicitudes de visa U fraudulentas. La imposición de la condena ha sido programada para principios de 2018 ante la Jueza de Distrito de los Estados Unidos Magnus-Stinson.
“Las personas que cometen fraude de inmigración socavan y abusan de nuestro sistema generoso de migración—un sistema que admite legalmente más inmigrantes que ningún otro país del mundo—y ponen en peligro nuestra seguridad pública y seguridad nacional”, dijo el Fiscal General Jeff Sessions. “El Presidente Trump les prometió a los votantes que encaminaría de nuevo a este país hacia un sistema lícito de inmigración, y este Departamento de Justicia se compromete a cumplir con esta promesa al acabar con el fraude y los abusos. No toleraremos el fraude a ningún nivel, y haremos responder ante la justicia a los que realizan actos de fraude.”
Conforme al acuerdo de declaración de culpabilidad, el Lic. Paul admitió que desde el año 2013 hasta el 2017, él presentó más de 250 solicitudes falsas de Permiso Anticipado para Ingresar como no Inmigrante en nombre de sus clientes y sin contar con el conocimiento de los mismos. Dichas solicitudes indicaban falsamente que los clientes del Lic. Paul habían sido víctimas de un delito y que habían proporcionado asistencia sustancial a las autoridades del orden público en la investigación del delito. Con aproximadamente 200 de las solicitudes falsas, el Lic. Paul presentó copias no autorizadas de una certificación que él había obtenido de la Fiscalía de los EE. UU. (USAO) para el Distrito Sur de Indiana en 2013, usando dicha certificación sin el conocimiento de la USAO para afirmar falsamente que el solicitante había proporcionado asistencia sustancial en un procesamiento penal. En total, el Lic. Paul les cobró a sus clientes aproximadamente $3,000 por solicitud.
La HSI investigó el caso y los abogados de litigios, Lic. Molly Gaston, Lic. Peter M. Nothstein y Lic. Amanda Vaughn de la Sección de Integridad Pública de la División Penal del Departamento de Justicia están procesando el caso.
Las personas que crean que hayan sido víctimas de estos delitos o que tengan información sobre estos delitos pueden contactar al Departamento de Justicia llamando al (202) 514-1412.
Hitchita Man Sentenced to 46 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jimmie John Likowski, age 49, of Hitchita, Oklahoma, was sentenced to 46 months imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The Indictment alleged that on or about May 21, 2017, within the Eastern District of Oklahoma, the defendant, Jimmie John Likowski, a/k/a Jimmy John Likowski, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce which had been shipped and transported in interstate commerce.
The charge arose from an investigation by the Okmulgee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
United States Attorney Brian J. Kuester said, “This office is committed to working with our federal, state, local and tribal partners to protect the public from violent offenders. Enforcement of the federal laws that prohibit convicted felons from possession of firearms is one way that we are able to protect the public. I am thankful for the work of the Okmulgee County Sheriff’s Office, the Bureau of Alcohol, Tobacco, and Firearms, and members of the United States Attorney’s Office, for their work on this case and their commitment to public safety.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney John David Luton represented the United States.