District Not Recorded

WASHINGTON – A superseding indictment was unsealed against Patricia Ervin and Monty Ervin of Dothan, Ala., charging them with three counts of tax evasion and one count of conspiring to defraud the United States, the Justice Department and the Internal Revenue Service (IRS) announced today. Patricia Ervin also remains charged with structuring cash deposits to evade laws requiring banks to report currency transactions in excess of $10,000.

 

The indictment was announced by Leura G. Canary, U.S. Attorney for the Middle District of Alabama, and John A. DiCicco, Principal Assistant Attorney General for the Tax Division.

 

According to the indictment, Monty Ervin and Patricia Ervin owned and managed Southern Realty, a property management company in Dothan. As alleged in the indictment, they placed properties in the names of nominees in an attempt to conceal their income and assets from the IRS.

 

An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Patricia Ervin faces a maximum of 25 years in prison and a maximum fine of $1.25 million. If convicted, Monty Ervin faces a maximum of 20 years in prison and a maximum fine of $1 million.

 

This case was investigated by IRS – Criminal Investigation and is being prosecuted by Tax Division Trial Attorneys Justin Gelfand and Michael Boteler and Assistant U.S. Attorney Brent Woodall.

WASHINGTON – Samsung SDI Company Ltd. has agreed to plead guilty and to pay a $32 million criminal fine for its role in a global conspiracy to fix prices, reduce output and allocate market shares of color display tubes (CDTs), a type of cathode ray tube used in computer monitors and other specialized applications, the Department of Justice announced today.

According to a one-count felony charge filed today in U.S. District Court in San Francisco, Republic of Korea-based Samsung SDI participated in a conspiracy from at least as early as January 1997, until at least as late as March 2006, to suppress and eliminate competition by fixing prices, reducing output and allocating market shares of CDTs to be sold in the United States and elsewhere. According to the plea agreement, which is subject to court approval, Samsung SDI has agreed to cooperate with the department’s ongoing cathode ray tube investigation.

 

According to the charge, Samsung SDI and co-conspirators agreed to charge prices of CDTs at certain target levels or ranges, to reduce output of CDTs by shutting down CDT production lines for certain periods of time and to allocate market shares of CDTs. As part of the conspiracy, Samsung SDI and co-conspirators exchanged CDT sales, production, market share and pricing information for the purpose of monitoring and enforcing adherence to their agreements. The department charged that the conspirators met in Taiwan, Korea, Malaysia, China and elsewhere for their discussions.

 

Samsung SDI is charged with violating the Sherman Act, which carries a maximum fine of $100 million for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

 

In addition to today’s charge, six individuals have been indicted in connection with the CDT investigation. On Feb. 10, 2009, Cheng Yuan “C.Y.” Lin was indicted for his participation in both the CDT conspiracy and a price-fixing conspiracy in the color picture tube industry. On Aug. 18, 2009, Wen Jun “Tony” Cheng was indicted for his participation in the CDT conspiracy. On March 30, 2010, Chung Cheng “Alex” Yeh was indicted for his participation in the CDT conspiracy. On Nov. 9, 2010, Seung-Kyu “Simon” Lee, Yeong-Ug “Albert” Yang and Jae-Sik “J.S.” Kim were also indicted for their participation in the CDT conspiracy.

 

This case is part of an ongoing joint investigation by the Department of Justice Antitrust Division’s San Francisco Office and the FBI in San Francisco. Anyone with information concerning illegal or anticompetitive conduct in the cathode ray tube industry is urged to call the Antitrust Division’s San Francisco Field Office at 415-436-6660 or visit www.justice.gov/atr/contact/newcase.htm.

 

WASHINGTON – The owner of the Equitable Building in Des Moines, Iowa, pleaded guilty today in federal court in Des Moines to conspiracy to violate the Clean Air Act and to violating the Clean Air Act’s work practice standards related to asbestos removal, the Department of Justice Environment and Natural Resources Division and the U.S. Attorney’s Office for the Southern District of Iowa announced.

       

Bob Knapp, 61, of Des Moines, pleaded guilty before U.S. District Judge James E. Gritzner to one count of conspiracy to violate the Clean Air Act and one count of failing to remove all regulated asbestos containing material from the Equitable Building before commencement of the renovation project that occurred at the building from 2005 until 2008.

The Clean Air Act requires that owners of public buildings that contain asbestos follow federally-established work practice standards to ensure the safe removal of the asbestos.  The required standards include providing notice to the U.S. Environmental Protection Agency (EPA) before commencing asbestos removal, adequately wetting the asbestos during the removal and before disposal, and properly disposing of the asbestos at an EPA-approved disposal site.

According to a plea agreement filed with the court, from 2006 through February 2008, Mr. Knapp oversaw the renovation project which involved converting several floors in the Equitable Building into luxury residential condominium units, and renovating other floors to attract additional commercial tenants.

Mr. Knapp admitted that he conspired with Russell Coco, who was also charged and pleaded guilty to the same counts on Feb. 15, 2011, to remove asbestos containing materials from the Equitable Building without complying with the requirements of the Clean Air Act. While Mr. Knapp was overseeing the project, asbestos containing material was removed from the building and disposed of in an uncovered dumpster.

 

According to the plea agreement, Mr. Knapp has agreed that the characteristics of his offenses put his potential prison sentence in the 33 to 41 month range , and under the law, he may be subject to a fine of up to $250,000. A sentencing date has been set for June 10, 2011.

       

The investigation was conducted by the EPA Criminal Investigation Division.  The case is being prosecuted by the U.S. Attorney’s Office for the Southern District of Iowa together with the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.

WASHINGTON – The Justice Department announced today that it has reached an agreement with Rhode Island officials to ensure that all public assistance and disability services offices in Rhode Island offer voter registration services to their clients. The agreement is necessary to bring Rhode Island into compliance with the National Voter Registration Act (NVRA).

 

The agreement was filed in conjunction with a lawsuit by the Justice Department’s Civil Rights Division alleging that Rhode Island violated federal law by failing to provide voter registration services at all public assistance offices and all offices that provide state-funded programs primarily aimed at persons with disabilities.

 

Congress enacted the NVRA in 1993 in part to enhance citizen participation in elections by making voter registration opportunities available at offices that provide essential services, like public assistance and disability services.

“The voting process begins with registration, and it is essential that all citizens have unfettered access to voter registration opportunities,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “I am pleased that officials in Rhode Island worked cooperatively with the Justice Department to reach this agreement, which will ensure that all citizens who apply for public assistance or disability services in Rhode Island will be able to register to vote as easily and conveniently as possible.”

 

The two-year agreement, if approved by the district court, commits Rhode Island to undertake a variety of measures, including offering voter registration opportunities to all applicants for public assistance, WIC, rehabilitative services, developmental disabilities services and mental health services; distributing voter registration applications in public assistance and disability services offices and via mail; training employees on NVRA compliance; conducting regular internal compliance audits; and reporting the number of voter registration applications processed by public assistance and disability service offices. In the event compliance is not achieved within two years, the agreement will continue until compliance is reached.

 

More information about the NVRA and other federal voting laws is available on the Department of Justice website at www.justice.gov/crt/about/vot/. Complaints about discriminatory voting practices may be reported to the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.

WASHINGTON – The Department of Justice reminds members of the public to be aware of and report any instances of suspected fraudulent charitable contribution schemes related to the natural disasters in Japan. 

 

Members of the public should perform due diligence before giving contributions to individuals or organizations soliciting donations or claiming to provide assistance to the victims of natural disasters.  Suspected fraudulent charity schemes should be reported to the National Center for Disaster Fraud (NCDF) Disaster Fraud Hotline at 866-720-5721, the Disaster Fraud Fax at 225-334-4707 or the Disaster Fraud e-mail at [email protected] . 

 

“The unprecedented tragedy in Japan is inspiring many Americans to provide assistance to those in need,” said Assistant Attorney General Lanny A. Breuer of the Criminal Division.  “To ensure these efforts reach the causes for which they are intended, individuals must be vigilant and wary of fraud schemes that seek to exploit their generosity.  Suspicious or illegitimate charities should be reported to the National Center for Disaster Fraud.”

 

“As we watch one of the worst global disasters of the last century unfold in Japan, Americans will have increasing opportunities to help those affected through the work of dedicated charities,” said U.S. Attorney Jim Letten of the Eastern District of Louisiana, Executive Director of the National Center for Disaster Fraud.  “As we should be generous, Americans must also be smart in recognizing that as with other disasters, some will try to exploit that generosity through fraud, deceit and theft.  We will therefore depend on the vigilance of our citizens to report any suspected fraudulent charities or conduct to the NCDF.”

 

The NCDF was created in 2005 in response to a significant amount of fraud associated with federal disaster relief programs following Hurricanes Katrina, Rita and Wilma.  The NCDF mission has expanded to include suspected fraud related to any natural or man-made disaster.  More than 20 federal agencies, including the Justice Department’s Criminal Division and the U.S. Attorneys’ Offices, participate in the NCDF.  The NCDF – based on its extensive expertise and established infrastructure – has helped victims of fraud related to Hurricanes Katrina, Rita, Wilma, Ike and Gustav, as well as those affected by the Gulf Coast oil spill, severe storms in more than 20 different states, earthquakes, tsunamis and wildfires.

 

To date, the Department of Justice has charged more than 1,300 defendants in 47 judicial districts throughout the country for disaster fraud related to Hurricanes Katrina, Rita and Wilma, the Gulf Coast oil spill and other disasters.  

GREENBELT, Md. – U.S. District Judge Roger W. Titus sentenced Irvin Hannis Catlett Jr., 64, of Crownsville, Md., today to 210 months in prison, followed by three years of supervised release for tax offenses in connection with a scheme to prepare individual income tax returns for clients, which reported bogus tax losses from a purported car leasing company.  Judge Titus also entered an order of restitution against Catlett for $3,810,244.  A federal jury convicted Catlett on Nov. 4, 2010.         

       

The sentence was announced by U.S. Attorney for the District of Maryland Rod J. Rosenstein; Principal Deputy Assistant Attorney General for the Department of Justice’s Tax Division John A. DiCicco; Special Agent in Charge Rebecca Sparkman of the Internal Revenue Service (IRS) - Criminal Investigation Washington, D.C., Field Office; and Special Agent in Charge Robert Geary of the Treasury Inspector General for Tax Administration (TIGTA).  

       

“Irvin Catlett’s ‘tax shelter’ scheme was a fraud,” said U.S. Attorney Rosenstein.  “People who want to reduce their taxes should seek reliable and independent advice and avoid con artists selling magical schemes that are too good to be true.”

       

“Sentences like this one send a loud and clear message that crooked tax return preparers will be investigated, prosecuted and punished for their actions,” said Principal Deputy Assistant Attorney General DiCicco.

       

“People who create elaborate schemes that have no purpose other than to defraud the Government will be prosecuted,” stated Special Agent in Charge Sparkman. “Today’s sentencing further shows that the IRS-Criminal Investigation is working to stop fraud schemes whose activities unfairly shift the burden to honest taxpayers.”

       

“Congratulations all around for the excellent work on this case,” said Inspector General George. “This is another example of outstanding collaboration between TIGTA and the IRS’s Criminal Investigation unit to stop fraudulent schemes in their tracks. Those who engage in them will be investigated and prosecuted to the fullest extent of the law.  Paid preparers are a critical component in our system of tax administration,” he added. “When preparers violate the law, they harm their victims and severely damage the credibility and reputation of the tax preparation community.”

       

According to testimony at the nine day trial, Catlett operated Tax Resolutions Inc. located in Laurel, Md.  He falsely held out Motors Holding Company Inc., Motors Holding Company II through VI Inc. and Rentown Inc. to his clients as operating businesses involved in automobile leasing and sales.  Catlett knew however that these entities were not engaged in automobile leasing and sales, nor in any other legitimate, profit-making business.  From 1999 to 2009, Catlett worked with others to sell to clients purported “investments” in the tax shelter entities.  These investments were payments to Catlett for the purchase of bogus tax losses, purportedly generated by the tax shelter entities’ automobile leasing operations.  Catlett, Walter Cullum and James Unterreiner prepared fraudulent tax returns for their clients that included the fictitious business losses, thereby reducing the amount of taxable income and total tax reported by the clients, and resulting in the clients falsely claiming refunds from the IRS.

       

Trial testimony further showed that Catlett paid Mark Hunt, an IRS revenue officer, for providing Catlett with IRS taxpayer information on Tax Resolutions’ clients and for allowing Catlett to introduce Hunt to clients and potential clients as Catlett’s connection at the IRS, in order to assure them that the tax returns prepared by Tax Resolutions would not be the subject of adverse IRS actions.

       

As part of the scheme, Catlett and Cullum supplied clients with copies of stock certificates to assure the clients of the legitimacy of their investment in the tax shelter.  Catlett and Cullum also provided clients with fraudulent IRS forms that reported the clients’ portions of fictitious business losses incurred by the tax shelter entities.  Catlett instructed Cullum and Unterreiner to prepare client tax returns by first determining each client’s tax without the tax shelter loss, and then adding to the return a fictitious loss from a tax shelter entity large enough to reduce the client’s tax due to zero. Catlett also instructed Cullum and Unterreiner on how to prepare false tax returns so that they could maintain the scheme while Catlett was in prison from November 2002 to September 2004on other charges.

       

As a result of the scheme, approximately 275 tax returns were filed with the IRS which reported $22,009,021 in bogus Schedule E losses, which resulted in a tax loss to the United States of $3,810,244.

       

Cullum Jr., 37, of Columbia, Md.; Hunt, 45, of Baltimore; and Unterreiner, 34, of Bowie, Md., pleaded guilty to their participation in the tax evasion scheme and were each sentenced to three years probation.  Tressa Nivens, 45, of Frederick, Md., also pleaded guilty to her role in the scheme and was sentenced to two years probation.

 

U.S. Attorney Rosenstein and Principal Deputy Assistant Attorney General DiCicco praised the IRS and TIGTA for their investigative work and thanked Assistant U.S. Attorney Gregory Bockin and Trial Attorney Shawn T. Noud of the Department of Justice Tax Division, who prosecuted the case.

WASHINGTON – Nathan A. Peake, 40, a sports manager and resident of Silver Spring, Md., entered a plea of guilty today in U.S. District Court for the the District of Columbia to one count of tax evasion and one count of conspiracy to commit bank and wire fraud.

 

The plea was announced by U.S. Attorney for the District of Columbia Ronald C. Machen Jr.; Principal Deputy Assistant Attorney General John A. DiCicco of the Department of Justice’s Tax Division; Rebecca A. Sparkman, Special Agent in Charge of the Washington, D.C., Field Office of the Internal Revenue Service (IRS) – Criminal Investigation; D.C. Office of Tax and Revenue Deputy Chief Financial Officer Stephen M. Cordi; and Assistant Inspector General for Investigations Scott Berenberg of the U.S. Department of Commerce Office of Inspector General.

According to court documents, Peake has managed professional basketball players and boxers since 1999 under the name Peake Management Group Inc. (PMG). Peake did not file income tax returns for the years 2000 through 2007, despite earning significant amounts of income over that period of time.

 

Between 2000 and 2007, Peake diverted approximately $5,836,940 in management and agent fees from his business to personal bank accounts or commercial bank accounts that he controlled in names other than PMG. Peake committed numerous affirmative acts of evasion, including misappropriating proceeds from a $3.5 million commercial line of credit that one of his client athletes guaranteed and ultimately paid off; paying himself and his wife out of those commercial bank accounts that he controlled in names other than PMG; using cash to pay personal and business expenses; withdrawing cash in amounts less than $10,000 (an amount greater would have required banks to file currency transaction reports); and paying personal expenses with business receipts.

 

In total, Peake admitted to evading in excess of $1 million in income taxes.

 

In addition, Peake and others conspired to provide false information to several mortgage lenders over a nine-year period regarding Peake employment, income, rental receipts and obligations to the federal government. This included fabricated letters that falsely represented that Peake had filed federal income tax returns, reporting self employment wages, which had been reviewed by a certified public accountant.

 

Judge Ricardo M. Urbina set a sentencing date of Aug. 2, 2011. Peake faces a maximum prison sentence of 10 years. Under federal sentencing guidelines, the likely range is a prison term of 41 to 51 months.

 

A co-defendant in the case, Gregory L. McCormick, is awaiting trial on charges, including conspiracy to commit bank and wire fraud.

 

U.S. Attorney Machen, Principal Deputy Assistant Attorney General DiCicco, IRS Special Agent in Charge Sparkman, D.C. Deputy Chief Financial Officer Cordi, and Assistant Inspector General Berenberg praised the efforts of the many individuals from the IRS – Criminal Investigation, D.C. Office of Tax and Revenue and Department of Commerce Office of the Inspector General who investigated the case, as well as Assistant U.S. Attorney Susan Menzer and Department of Justice Trial Attorney Sean Delaney, who prosecuted this matter.

WASHINGTON – A federal court has issued a preliminary injunction barring Gwenn Wycoff and Frank Ozak, both of Los Angeles, from promoting so-called “common-law trusts” that help individuals evade taxes, the Justice Department announced today. The injunction order, entered by U.S. District Judge Jacqueline H. Nguyen of the U.S. District Court for the Central District of California, will remain in effect while the government’s lawsuit seeking a permanent injunction is pending.

 

In granting the preliminary injunction, the court found that Wycoff and Ozak promote their scheme through personal appearances, a website and a self-published two-volume work they wrote with others called The Art of Passing the Buck, which contains false statements about the internal revenue laws. The court determined that the trusts promoted by Wycoff and Ozak (including one they created for themselves) are shams and have caused substantial harm to the government. The court found that the total amount of tax deficiencies assessed by the government with respect to four customers mentioned in the court order is more than $1.1 million.

 

The court also ordered Wycoff and Ozak to post a copy of the injunction order on their website and to provide the government with a list of all persons who have purchased their products, services advice or publications in the past five years.

 

In the past decade, the Justice Department’s Tax Division has obtained hundreds of injunctions to stop tax fraud promoters and preparers of false tax returns. Information about these cases is available on the Justice Department website .

WASHINGTON – Following a comprehensive investigation, the Justice Department today announced its findings that the New Orleans Police Department (NOPD) has engaged in patterns of misconduct that violate the Constitution and federal law. The investigation, announced on May 15, 2010, was conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, the Omnibus Crime Control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964. 

 

The Justice Department’s thorough and independent investigation involved extensive community engagement and in-depth review of NOPD practices. Department attorneys and investigators held interviews and meetings with NOPD officers, supervisors and command staff, as well as members of the public, city and state officials, and other community stakeholders. The Justice Department participated in more than 40 community meetings with various advocacy groups, civic leaders and public officials. The investigation also involved thorough review of a wide range of NOPD documents, as well as ride-alongs and other opportunities to observe police activity. On May 5, 2010, Mayor Mitch Landrieu sent a letter to the Justice Department asking for an independent investigation of NOPD’s systems and operations. 

 

The Justice Department found reasonable cause to believe that patterns and practices of unconstitutional conduct and/or violations of federal law occurred in several areas, including:  

• Use of excessive force;
• Unconstitutional stops, searches and arrests;
• Biased policing, including:
• Racial and ethnic profiling and lesbian, gay, bi-sexual and transgender (LGBT) discrimination;
• A systemic failure to provide effective policing services to persons with limited English proficiency; and
• A systemic failure to investigate sexual assaults and domestic violence.  

The Justice Department also found a number of long-standing and entrenched practices within NOPD that caused or contributed to these patterns or practices of unconstitutional conduct, including:

•   Failed systems for officer recruitment, promotion and evaluation;
• Inadequate training;
• Inadequate supervision;
• Ineffective systems of complaint intake, investigation and adjudication;
• A failed “Paid Detail” system;
• Failure to engage in community oriented policing;
• Inadequate officer assistance and support services; and
• Lack of sufficient community oversight.  

“For far too long, the New Orleans Police Department failed to adequately protect the citizens of the city.  This was a result of its failure to ensure respect for and adherence to the Constitution,” said Deputy Attorney General James Cole.  “Today’s findings should serve as a foundation not only to rebuild the police department, but to help restore the community’s trust in fair, just and effective law enforcement.”

 

“Our findings show that the problems facing the NOPD are wide ranging, systemic, and deeply rooted in the culture of the Department,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “Our team looks forward to working with the people of New Orleans, Mayor Landrieu, Chief Serpas and his officers in creating and implementing a comprehensive blueprint for sustainable reform.”

 

“Today,  the Justice Department has taken a critical step forward towards building a police department which the people deserve and desperately need – one which is free from corruption and which is dedicated to the protection of its citizens,” said U.S. Attorney for the Eastern District of Louisiana James Letten.  “Through this partnership, and through the tireless efforts of our U S Attorney’s Office, the department’s Civil Rights Division and our federal partners, we will continue to do whatever it takes to reach these essential goals and to restore trust in the men and women of the police department.”

 

The Justice Department will work with the NOPD and the city of New Orleans to address the violations of constitutional and federal law by developing and implementing comprehensive reforms that will reduce crime, ensure respect for the Constitution and the rule of law, and restore public confidence in the NOPD.  The NOPD must develop and implement new policies and protocols and train its officers in effective and constitutional policing. In addition, the NOPD must implement systems to ensure accountability, foster police-community partnerships, improve the quality of policing to all parts of the city and eliminate unlawful bias from all levels of policing decisions.

 

This investigation was not related to any ongoing federal criminal prosecutions of NOPD officers. 

 

This investigation was conducted by the Special Litigation Section of the Civil Rights Division with the assistance of the U.S. Attorney’s Office for the Eastern District of Louisiana.  In addition, the investigators consulted with a number of police experts from around the country and with Department experts within the Office of Justice Programs, the Office on Violence Against Women, the Office of Community Oriented Policing Services, the Office on Juvenile Justice Delinquency Prevention and the Access to Justice Initiative.  Over the past six months, the Community Relations Service has facilitated community participation, allowing community members to express their concerns and to share their ideas.

 

The executive summary and full report can be found at www.justice.gov/crt/about/spl/nopd.php . Over the next few weeks and months, Department of Justice personnel will be meeting with interested community groups.  Comments or suggestions can also be e-mailed to [email protected] .

DALLAS — Marcus Choice Williams, 36, of Fort Worth, Texas, pleaded guilty this morning before U.S. Magistrate Judge Irma C. Ramirez to various felony offenses related to a conspiracy to traffic young women for prostitution, the Department of Justice announced.

 

Williams pleaded guilty to one count of conspiracy to transport individuals for prostitution; six counts of transporting individuals for prostitution; one count of sex trafficking by force, fraud or coercion; two counts of attempted sex trafficking by force; and one count of money laundering.

 

According to documents filed in the case, Williams operated an interstate prostitution enterprise headquartered in the Dallas-Fort Worth area. He began operating in Texas in 2003 and, in 2006, expanded his enterprise into a multi-state operation that included advertising on websites. Williams was also known as “Cross Country Redd,” “Redd,” and “Marcus Choice.”

 

Court documents showed that Williams recruited vulnerable women, specifically single mothers from troubled backgrounds, and, in some cases used a combination of deception, fraud, coercion, threats and physical violence to compel the women to engage in prostitution. Williams required each young woman to secure a daily quota of money, and if operating out of town, to wire the funds to him.

 

“The exploitation of vulnerable women through sex trafficking is the equivalent of modern-day slavery, and will not be tolerated in this nation,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to the aggressive prosecution of all human trafficking cases.”

 

“The idea that an individual can be held in captivity by another person and forced to work in the world of prostitution is shocking to most people, said U.S. Attorney for the Northern District of Texas James T. Jacks.  “As evidenced by this and other cases brought by the Department of Justice, these activities are all too prevalent.  This office and the Department of Justice as a whole are working to change that fact.  We call upon the public to report any and all suspicious activity which may lead to apprehending and prosecuting those persons engaged in this activity and giving freedom to their victims.”

 

Under the terms of the plea agreement, Williams faces a sentence of 30 years in prison, if the Court accepts the sentencing recommendation in the plea agreement. Williams, who has been in custody in the Northern District of Texas since October 2010, when his pretrial release was revoked, is scheduled to be sentenced on June 20, 2011, by U.S. District Judge David C. Godbey.

 

Co-defendant Kenya Thomas, 31, of Plano, Texas, the mother of two of Williams’ children, assisted Williams in managing the operation and supervising new recruits. Thomas pleaded guilty to her role in the conspiracy in December 2009.

 

The case remains pending against the other co-defendant in the case, Preston Petitt, 44, of Houston, Texas. According to court documents, in addition to serving as Williams’ butler and bodyguard, Petitt allegedly provided child care for the other defendants and for victims while they performed commercial sex acts at the defendants’ direction. Williams made thousands of dollars in profits, while the victims received next to nothing.

 

The case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Errin Martin and Department of Justice Civil Rights Division Trial Attorney Myesha Braden.

WASHINGTON – In response to a pending lawsuit from Kellogg Brown & Root Services Inc. (KBR) in the U.S. Court of Federal Claims, the Department of Justice has filed counterclaims alleging that KBR managers had received kickbacks from a dining facility subcontractor in violation of the False Claims Act and the Anti-Kickback Act.  The subcontractor was retained in connection with KBR’s contract with the U.S. Army to provide logistical support to the military in Iraq and elsewhere.  The counterclaims also allege that the kickbacks should cause KBR to forfeit its claims against the United States and to return money paid by the United States as reimbursement to KBR upon the tainted subcontract.

           

The counterclaims assert that, from late 2002 through 2003, Terry Hall, who was KBR’s regional food services manager for Iraq and Kuwait, and his deputy, Luther Holmes, received more than $45,000 in kickbacks from Mohammad Shabbir Khan, vice president of Tamimi Global Company.  Khan provided the kickbacks to ensure that Tamimi was treated favorably by KBR.  Hall and Holmes used their positions to advocate on behalf of Tamimi, and, during the time that they received the kickbacks, KBR awarded Tamimi subcontracts worth more than $400 million.  Other KBR managers knew of apparent irregularities involving the Tamimi subcontracts, but approved them anyway. 

           

The subcontracts were awarded under the Logistics Civil Augmentation Program (LOGCAP) III contract, which was awarded to KBR by the Army in 2001 to provide logistical support for U.S. military operations abroad.  One of the tasks directed by the Army under the LOGCAP III contract was for KBR to provide dining facilities at its bases in Iraq and Kuwait.  The Army reimbursed KBR for its costs in doing so plus a fee, based upon the amount of costs incurred.  Thus, all of the allegedly improperly awarded subcontracts and KBR’s profit on these subcontracts were paid for by U.S. taxpayers.

           

“Kickbacks in military subcontracts open the door to wartime profiteering and corrupt the integrity of our government contracting process,” said Assistant Attorney General for the Civil Division Tony West.  “When we learn of such illegal conduct at the expense of taxpayers, we will pursue it.”

 

KBR’s original lawsuit seeks approximately $41 million that the United States required KBR to return after a Defense Contract Audit Agency (DCAA) audit.  The DCAA found that KBR overpaid Tamimi $41 million for dining facility costs from July 2004 to December 2004, compared to what it was paying other contractors during that time period.

           

The assertion of these counterclaims demonstrates the Department of Justice’s commitment to ensuring the integrity of the government procurement process.

WASHINGTON – Three former executives of Fair Financial Company, an Ohio financial services business, were arrested today and charged in an indictment filed in the Southern District of Indiana for their roles in a scheme to defraud approximately 5,000 investors of more than $200 million, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division; Timothy M. Morrison, First Assistant U.S. Attorney for the Southern District of Indiana; and Special Agent in Charge Michael E. Welch of the FBI in Indiana.

 

The indictment, returned by a federal grand jury on March 15, 2011, and unsealed today, charges Timothy S. Durham, 48; James F. Cochran, 55; and Rick D. Snow, 47, with one count of conspiracy to commit wire and securities fraud, 10 counts of wire fraud and one count of securities fraud. Durham was arrested in Los Angeles, and Cochran and Snow were arrested in Indianapolis.

 

According to the indictment, Durham and Cochran purchased Fair, whose headquarters were in Akron, Ohio, in 2002. Durham was the chief executive officer of Fair and a member of the board of directors, Cochran was the chairman of the board of Fair, and Snow, a certified public accountant, served as the chief financial officer of Fair.

 

The indictment alleges that between approximately February 2005 through the end of November 2009, Durham, Cochran and Snow executed a scheme to defraud Fair’s investors by making and causing others to make false and misleading statements about Fair’s financial condition and about the manner in which they were using Fair investor money. The indictment further alleges that Durham, Cochran and Snow executed the scheme to enrich themselves, to obtain millions of dollars of investors’ funds through false representations and promises, and to conceal from the investing public Fair’s true financial condition and the manner in which Fair was using investor money.

 

According to the indictment, when Durham and Cochran purchased Fair in 2002, Fair reported debts to investors from the sale of investment certificates of approximately $37 million and income producing assets in the form of finance receivables of approximately $48 million. The indictment alleges that in November 2009, after Durham and Cochran had owned the company for seven years, Fair’s debts to investors from the sale of investment certificates had grown to more than $200 million, while Fair’s income producing assets consisted only of the loans to Durham and Cochran, their associates and the businesses they owned or controlled, which they claimed were worth approximately $240 million, and finance receivables of approximately $24 million.

 

“These former executives are charged with engaging in fraudulent and deceptive business practices to hide from investors and regulators Fair’s true financial condition and their misuse of the company’s funds,” said Assistant Attorney General Breuer. “As alleged in the indictment, by using investors’ money to fund their failing business ventures and personal lifestyles, they perpetrated a $200 million fraud. Today’s charges and arrests reflect that investigating and prosecuting financial fraud is a Justice Department priority.”

 

“This has been an arduous journey, as are most large white collar cases,” said First Assistant U.S. Attorney Morrison. “But we now welcome the opportunity to prove the indictment’s allegations against these three men beyond a reasonable doubt.”

 

“These arrests follow the largest corporate fraud investigation in the history of the FBI in Indiana which resulted in over 5,000 victims and an estimated loss of $200 million dollars,” said Special Agent in Charge Welch.

 

According to the indictment, when Durham and Cochran bought Fair in 2002 its primary business was purchasing and collecting finance receivables. Fair financed its purchase of finance receivables by selling investment certificates to investors. Investors who purchased investment certificates were promised regular interest payments for a set period of time, at the end of which they were entitled to the return of their principal investment.

 

In order to sell its investment certificates, Fair was required to register the investment certificates with the State of Ohio Division of Securities. Fair did so by submitting registration documents and a proposed “offering circular” to the Division of Securities that was required to contain truthful and accurate disclosures about Fair’s business.

 

The indictment alleges that after Durham and Cochran acquired Fair, they changed the manner in which the company operated and used its funds. Rather than using the funds Fair raised from investors primarily for the purpose of purchasing finance receivables, Durham and Cochran caused Fair to extend loans to themselves, their associates and businesses they owned or controlled, which caused a steady and substantial deterioration in Fair’s financial condition.

 

According to the indictment, companies owned or controlled by Durham and Cochran, including DC Investments LLC (DCI) and Obsidian Enterprises Inc., as well as other businesses controlled through Obsidian and DCI, were among the primary beneficiaries of the loans Durham and Cochran made with Fair investor money. Durham and Cochran allegedly loaned money through Obsidian and DCI to a variety of struggling businesses and start-up ventures, including a car magazine, restaurants, a surgery center, trailer manufacturers, internet companies, a race car team, a replica vintage car manufacturer, a rubber reclaiming plant and a luxury bus leasing business. The indictment further alleges that after receiving loans from Fair, many of these businesses failed and were never able to repay the money they borrowed, while others, with the benefit of continued loans from Fair, struggled as unprofitable entities for years. In addition, Durham and Cochran allegedly took loans of Fair investor money for themselves, and used a significant portion of the proceeds of the loans to maintain their lifestyles and to pay for personal expenses.

 

According to the indictment, Durham, Cochran and Snow terminated Fair’s independent accountants who, at various points during 2005 and 2006, told the defendants that many of Fair’s loans were impaired or did not have sufficient collateral. The indictment alleges that after firing the accountants, the defendants never released audited financial statements for 2005, and never obtained or released audited financial statements for 2006 through September 2009. The indictment further alleges that with independent accountants no longer auditing Fair’s financial statements, the defendants were able to conceal from investors Fair’s true financial condition.

The indictment also alleges that Durham, Cochran and Snow falsely represented, in registration documents and offering circulars submitted to the Division of Securities and in offering circulars distributed to investors, that the loans on Fair’s books were assets that could support Fair’s sale of investment certificates. According to the indictment, the defendants knew that in reality, the loans were worthless or grossly overvalued; producing little or no cash proceeds; supported by insufficient or non-existent collateral to assure repayment; and in part advances, salaries, bonuses and lines of credit for Durham and Cochran’s personal expenses.

The indictment alleges that the defendants engaged in a variety of other fraudulent activities to conceal from the Division of Securities and from investors Fair’s true financial health and cash flow problems, including making false and misleading statements to concerned investors who either had not received principal or interest payments on their certificates from Fair or who were worried about Fair’s financial health, and directing employees of Fair not to pay investors who were owed interest or principal payments on their certificates. According to the indictment, even though Fair’s financial condition had deteriorated and Fair was experiencing severe cash flow problems, Durham and Cochran continued to funnel Fair investor money to themselves for their personal expenses, to their family, friends and acquaintances, and to the struggling businesses that they owned or controlled.

 

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

 

Also today, the U.S. Securities and Exchange Commission filed civil securities charges against Durham, Cochran and Snow.

 

This case is being prosecuted by Assistant U.S. Attorneys Winfield D. Ong and Joe H. Vaughn of the Southern District of Indiana and Assistant Chief Robertson Park and Trial Attorney Henry P. Van Dyck of the Fraud Section of the Criminal Division. The investigation was led by the FBI in Indianapolis.

 

Durham, Cochran and Snow each face a maximum of five years in prison for the conspiracy count, 20 years in prison for each wire fraud count and 20 years in prison for the securities fraud count. Additionally, each defendant could be fined $250,000 for each count of conviction. An initial hearing was held today in Indianapolis before a U.S. Magistrate Judge Kennard Foster for Cochran and Snow, and an initial hearing for Durham will be held in Los Angeles.

This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information about the task force visit: www.stopfraud.gov .

WASHINGTON – A Maryland woman has been charged by a federal grand jury in Alexandria, Va., with making false statements and submitting false documents in multiple job applications to U.S. federal government agencies, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Neil H. MacBride of the Eastern District of Virginia; James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office; and Inspector General H. David Kotz of the U.S. Securities and Exchange Commission (SEC.)

 

The indictment returned today charges Karen M. Lancaster, 52, of Upper Marlboro, Md., with four counts of making false statements, three counts of submitting false documents and one count of engaging in a concealment scheme. Lancaster will be arraigned on March 25, 2011, in U.S. District Court in Alexandria.

 

According to the indictment, Lancaster was employed in various positions with the U.S. Department of Defense (DoD) from 1991 until March 2005, when she was notified by DoD that she was being fired due to performance failures. In October 2006, according to the indictment, Lancaster reached a settlement with DoD in which she was allowed to resign from DoD, retroactive to March 2005.

 

Between 2006 and 2008, Lancaster applied for jobs at the U.S. Departments of State, Commerce and Defense, as well as with the SEC. According to the indictment, as part of the application processes, Lancaster allegedly submitted documents that falsified and concealed information about her criminal history, employment history and suitability for employment with the federal government. Among the documents submitted by Lancaster were SF-50 forms, which are used by the U.S. federal government to document and report certain personnel actions such as hirings, promotions, conversions and separations; OF-306 forms, which are used to, among other things, determine an applicant’s acceptability for federal employment; and SF-86 forms, which are used in conducting background investigations for applicants and employees requiring a security clearance. According to the indictment, Lancaster made false statements on, among other documents, OF-306 and SF-86 forms, and provided two federal agencies with fraudulent versions of her SF-50 form.

 

Specifically, according to the indictment, Lancaster concealed and falsified information in her application materials about her prior arrests, charges, convictions and prison terms; the unfavorable circumstances under which she had resigned from prior federal employment; the roles and responsibilities she had at previous federal jobs; and her salary history.

 

The maximum penalty for each count of making a false statement, submitting a false document and engaging in a concealment scheme is five years in prison. Lancaster also faces a maximum fine of $250,000 per count.

 

An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.

 

This case is being prosecuted by Trial Attorneys Ethan H. Levisohn and Peter Mason of the Criminal Division’s Public Integrity Section, and Assistant U.S. Attorney Mark D. Lytle for the Eastern District of Virginia. The case was investigated by the FBI’s Washington Field Office and the SEC’s Office of Inspector General.

DENVER – The two leaders of a Colorado-based scheme that defrauded more than 400 consumers throughout the country of $5 million were sentenced to prison, the Justice Department and U.S. Postal Inspection Service announced today.  Gary Luckner, 41, of Highlands Ranch, Colo., was sentenced today to 90 months in prison and was ordered to pay $4,524,456 in restitution.  Richard Black, 52, of Arcadia, Calif., was sentenced yesterday to 97 months in prison and was ordered to pay $5,066,456 in restitution.

 

Black and Luckner created, led and operated the fraudulent scheme from 2007-2009, according to documents filed in the case.  The two men arranged for various telemarketing sales rooms to sell business opportunities for vending machines that dispensed highly caffeinated energy chews and energy shots.  For a purchase price of typically about $10,000, purchasers were promised vending machines, high-traffic locations for the vending machines and ongoing assistance in operating the vending machine business.  Most of the victims never made any money and lost their entire investment. The largest of the telemarketing sales rooms involved – and the one that made the most sales – was American Vending Systems, which was located in Centennial, Colo.

 

Black and Luckner acknowledged in their plea agreements that sales representatives lied about likely profits from the business, the quality of locations that were available for the vending machines and the level of customer service that purchasers would receive.  Black and Luckner also used phony “references” to persuade the victims to buy. Black himself was one such reference. Using an alias, Black falsely told potential buyers that he was an American Vending customer who operated a financially profitable vending route.

 

Black and Luckner pleaded guilty to conspiracy to commit mail fraud.  Four other defendants were also convicted as part of the same scheme:

 

Trey Friedmann, 46, of Denver, was sentenced yesterday by Judge David M. Ebel to two years in prison and was ordered to pay $465,734 in restitution.  Friedmann was the top salesman at American Vending.

 

Louis J. Gubitosa, 63, of Littleton, Colo., was sentenced earlier this year to 18 months in prison.  Gubitosa was the president of American Vending.

 

Henry Melvin Hendrix, 48, of Galt, Calif., was ordered earlier this year to serve five years of probation, including eight months of home confinement.  Hendrix was a phony reference who was paid to pretend to be a successful vending route owner.

 

Jennifer Putnam, 33, of Bluffton, S.C., was sentenced earlier this year to five years of probation, including eight months of home confinement.  Putnam operated a locating company involved in the scheme that falsely claimed to have good locations ready and waiting in the area of the potential buyer.

 

“The victims’ stories are heartbreaking,” said Tony West, Assistant Attorney General of the Justice Department’s Civil Division. “Like so many Americans struggling to make ends meet, these folks were trying to supplement modest incomes by investing in themselves and starting their own businesses.  Instead of taking a step up the financial ladder, their losses now put them in a financial hole because these defendants lied to them. That’s why this department will continue to prosecute and seek stiff sentences for fraudsters like those sentenced today.”

 

“Prosecuting perpetrators of financial fraud is a top priority,” said U.S. Attorney for the District of Colorado John Walsh.  “Victims of these crimes are more than just names on a piece of paper, they are real people who have lost their hard earned money.  That is why it is so important to pursue cases such as this.” 

 

“Federal agents with the United States Postal Inspection Service work diligently to protect citizens from being victimized by criminals who use the mail to commit fraud,” said Inspector in Charge of the U.S. Postal Inspection Service Denver Division Andrew Balkin.  “Postal Inspectors from the Denver office are pleased with the efforts of the Justice Department in seeing these criminals brought to justice.  Investigations like this will always be a priority for Postal Inspectors.”

 

The case was investigated by the U.S. Postal Inspection Service.  Luckner, Black and the other defendants were prosecuted by Trial Attorney Patrick Jasperse of the U.S. Justice Department’s Office of Consumer Litigation.

WASHINGTON – Teresa Kelly, a former operations supervisor in Colonial Bank’s Mortgage Warehouse Lending Division (MWLD), pleaded guilty today to conspiring to commit bank, wire and securities fraud for her role in a fraud scheme that contributed to the failures of Colonial Bank and Taylor, Bean & Whitaker (TBW).

 

The guilty plea was announced today by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Neil H. MacBride for the Eastern District of Virginia; Special Inspector General Neil Barofsky for the Troubled Asset Relief Program (SIGTARP); Assistant Director in Charge James W. McJunkin of the FBI’s Washington Field Office; Michael P. Stephens, Inspector General of the Department of Housing and Urban Development (HUD OIG); Jon T. Rymer, Inspector General of the Federal Deposit Insurance Corporation (FDIC OIG); Steve A. Linick, Inspector General of the Federal Housing Finance Agency (FHFA OIG); and Victor F. O. Song, Chief of the Internal Revenue Service (IRS) Criminal Investigation.

 

Kelly, 35, of Ocoee, Fla., pleaded guilty before U.S. District Judge Leonie M. Brinkema in the Eastern District of Virginia. Kelly faces a maximum penalty of five years in prison when she is sentenced on June 17, 2011.  In a related action, the U.S. Securities and Exchange Commission (SEC) today filed civil charges against Kelly in the Eastern District of Virginia. 

According to court documents, Kelly admitted that from 2002 through August 2009, she and her co-conspirators at Colonial Bank and TBW engaged in a scheme to defraud various entities and individuals, including Colonial Bank, a federally-insured bank; Colonial BancGroup Inc.; and the investing public. Kelly admitted that she knowingly and intentionally placed Colonial Bank and Colonial BancGroup at significant risk by causing them to purchase more than $400 million in assets that had no value.

 

Court documents state that in early 2002, TBW began running overdrafts in its master bank account at Colonial Bank because of TBW’s inability to meet its operating expenses, which included payroll, servicing payments owed to third-party purchasers of loans and/or mortgage-backed securities and other obligations. Kelly and her co-conspirators engaged in a series of fraudulent actions to cover up the overdrafts, first by sweeping overnight money from one TBW account with excess funds into another, and later through the fictitious “sales” of mortgage loans to Colonial Bank, a fraud scheme the conspirators dubbed “Plan B.” The conspirators accomplished this by sending mortgage data to Colonial Bank for loans that did not exist or that TBW had already committed or sold to other third-party investors. Kelly admitted that she knew and understood she and her co-conspirators had caused Colonial Bank to pay TBW for assets that were worthless to the bank.

 

According to court documents, Kelly and her conspirators also caused TBW to engage in sales to Colonial Bank of fictitious trades that had no collateral backing them and had no value. To obtain fraudulent funding through these trades, TBW co-conspirators would contact Kelly or another co-conspirator at Colonial Bank when the mortgage company needed an advance from the bank. Conspirators at TBW would wire a request that included false documentation purporting to represent the sale of the trades to Colonial Bank to support the release of the funds. Kelly and others caused the false information to be entered into Colonial Bank’s books and records, giving the appearance that Colonial Bank owned a 99 percent interest in legitimate securities, when in fact the securities had no value and could not be sold.

 

Kelly admitted today that she and her co-conspirators took steps to hide the fraud scheme from Colonial Bank’s and Colonial BancGroup’s senior management, auditors and regulators, and Colonial BancGroup’s shareholders, including by providing materially false information that significantly overstated assets held in the MWLD portfolio. Kelly knew that these actions caused materially false financial data to be reported to Colonial BancGroup and incorporated in its publicly filed statements.

 

In August 2009, the Alabama State Banking Department, Colonial Bank’s regulator, seized the bank and appointed the FDIC as receiver. Colonial BancGroup also filed for bankruptcy in August 2009.

 

Raymond Bowman, the former president of TBW; Desiree Brown, the former treasurer of TBW; and Catherine Kissick, a former senior vice president of Colonial Bank and head of its Mortgage Warehouse Lending Division, previously pleaded guilty for their roles in the fraud scheme.

 

The case is being prosecuted by Deputy Chief Patrick Stokes and Trial Attorney Robert Zink of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Charles Connolly and Paul Nathanson of the Eastern District of Virginia.  This case was investigated by SIGTARP, FBI’s Washington Field Office, FDIC OIG, HUD OIG, FHFA OIG and the IRS Criminal Investigation.  The Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury also provided support in the investigation. 

This prosecution was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

WASHINGTON – James Bobby Butler Jr. and Marlin Jackson Butler pleaded guilty today in federal court in Wichita, Kan., to felony conspiracy and wildlife trafficking charges stemming from the illegal sale of guided deer hunts in southern Kansas, the Department of Justice and the U.S. Attorney’s Office for the District of Kansas announced.

James Bobby Butler Jr., 42, pleaded guilty to one count of conspiracy to violate the Lacey Act, one substantive Lacey Act count and one count of obstruction of justice. His brother, Marlin Jackson Butler, 36, pleaded guilty to one count of conspiracy to violate the Lacey Act and one Lacey Act count. Both men are from Martinsville, Texas.

The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife taken or possessed in violation of state law or regulation.

According to the May 2010 indictment in the case and today’s plea agreements, James and Marlin Butler conspired together to knowingly transport and sell in interstate commerce deer that had been hunted in violation of Kansas state law. The brothers operated a guiding service and hunting camp near Coldwater, Kan., at which they sold guiding services to out-of-state hunters for the purpose of illegally hunting and killing white-tailed and mule deer. Hunters guided by the Butler brothers killed deer in excess of annual bag limits, hunted deer without permits or using permits for the wrong deer management unit, killed deer using illegal equipment and hunted using prohibited methods such as spotlighting.

The guided hunts were sold for between $2,500 and $5,500, and in several instances resulted in the killing of trophy-sized buck deer. In today’s plea agreements, the Butlers admitted knowingly selling guided hunts for the illegal taking of the 25 buck deer identified in the indictment, for which hunters paid them a total of $77,500 in guiding fees plus tips. In addition to selling guiding services, the brothers also arranged for transport of the deer, in particular the antlers and capes, from Kansas to Texas and Louisiana.

James Butler also admitted in his plea agreement that he instructed another person to conceal or destroy evidence during the investigation.

The maximum penalty for a felony violation of the conspiracy statute and the Lacey Act includes up to five years in prison and a $250,000 fine. The maximum penalty for the obstruction charge against James Butler includes up to 20 years in prison and $250,000 fine. According to the plea agreements filed today, the prosecution agreed to recommend sentences of 41 months in prison for James Butler and 27 months in prison for Marlin Butler, in addition to fines, restitution and three years of supervised release during which time both Butler brothers would be prohibited from all hunting and guiding activity. Sentencing hearings for both defendants are set for June 2, 2011.

The case was investigated by the U.S. Fish & Wildlife Service, the Kansas Department of Wildlife and Parks, and the Texas Parks and Wildlife Department. The case is being jointly prosecuted by the U.S. Attorney’s Office for the District of Kansas and Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

WASHINGTON – Daniel Cox of Houston was sentenced today in the Western District of Pennsylvania to 84 months in prison and lifetime supervised release for conspiracy to distribute and receive child pornography, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney for the Western District of Pennsylvania David J. Hickton and U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Special Agent in Charge John Kelleghan.

 

Cox, 45, pleaded guilty before U.S. District Court Judge Arthur J. Schwab on July 21, 2010, to one count of conspiracy to distribute and receive child pornography. According to court documents and proceedings, Cox and others distributed images and videos of children being sexually abused to other members of an international group that had restricted membership and was formed on a social networking website.  Members of the group distributed to one another thousands of sexually explicit images and videos of children, many of which graphically depicted prepubescent, male children, including some infants, being sexually abused and sometimes sodomized or subjected to bondage.   

 

This case was investigated by HSI in Pittsburgh and the High Technology Investigative Unit of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Assistant U.S. Attorney Craig W. Haller of the Western District of Pennsylvania and CEOS Trial Attorney Andrew McCormack prosecuted the case.

 

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

WASHINGTON – George H. Lunt, 26, formerly of Plymouth, Mass., pleaded guilty today to two counts of transportation of child pornography and one count of possession of child pornography, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division , U.S. Attorney for the District of Massachusetts Carmen M. Ortiz and Richard DesLauriers, Special Agent in Charge of the FBI Boston Field Office.

 

Lunt pleaded guilty before U.S. District Court Judge George A. O’Toole Jr. in Boston. Lunt was indicted on May 26, 2010. In pleading guilty, Lunt admitted to possessing thousands of images and videos of child pornography that included depictions of prepubescent children and toddlers, and sadistic conduct. Lunt admitted to distributing child pornography through online peer-to-peer file-sharing software. This case arose from an FBI investigation of individuals sharing and trading child pornography over the Internet.

 

Lunt is scheduled to be sentenced on June 21, 2011. Lunt faces a mandatory minimum penalty of five years in prison, a fine of $250,000 and restitution if appropriate.

 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

 

The case against Lunt was prosecuted by Assistant U.S. Attorney Michael I. Yoon of the District of Massachusetts and CEOS Trial Attorney Bonnie L. Kane of the Criminal Division. The case was investigated by the FBI.

WASHINGTON - A federal jury convicted Chinua Shepperson, aka “Nu,” “NuNu” and “King Nu,” 28, of Washington, D.C., late yesterday of conspiracy to participate in a racketeering enterprise known as the Almighty Latin King and Queen Nation (Latin Kings), murder in aid of racketeering, robbery, using a gun during a crime of violence and murder resulting from the use of a gun during a crime of violence.

 

The conviction was announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Theresa R. Stoop of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) - Baltimore Field Division; Chief J. Thomas Manger of the Montgomery County Police Department; Montgomery County State’s Attorney John McCarthy; Interim Chief Mark Magaw of the Prince George’s County Police Department; and Prince George’s County State’s Attorney Angela Alsobrooks.

 

“The Latin Kings is a brutal gang that uses violence to achieve its ends,” said Assistant Attorney General Breuer. “With Mr. Shepperson’s conviction, all 19 defendants charged in this investigation have been held to account. Our deliberate approach to prosecuting the Latin Kings and other gangs is taking violent offenders off our streets, and working to make our communities safer.”

 

“Chinua Shepperson robbed and murdered a Hyattsville man, and participated in an armed robbery in order to further his position in the Latin Kings,” said U.S. Attorney Rosenstein. “The strategy of combining the resources and intelligence of local, state and federal law enforcement agencies to pursue federal racketeering charges against criminal gangs is proving effective in removing violent offenders from the streets and making our neighborhoods more safe.”

“The ATF RAGE Task Force built a strong case against the Latin Kings through tireless police work documenting the criminal acts of the defendants and the RICO enterprise,” said ATF Special Agent in Charge Stoop.  “The jury heard the facts of the investigation, including the violence perpetrated by Shepperson and the Latin Kings.  The success of this investigation shows the effectiveness of the criminal justice system, and how hard ATF works to combat gang violence.”

According to court documents, the Latin Kings is a violent street gang with thousands of members across the country and overseas.  The Latin Kings have a detailed and uniform organizational structure, which is outlined – along with various “prayers,” codes of behavior and rituals – in a written “manifesto” widely distributed to members throughout the country.  Members of the Latin Kings are also traditionally given “King Names” or “Queen Names,” which are names other than their legal names by which they are known to members of the gang and to others on the street.  At the local level, groups of Latin Kings are organized into “tribes,” including, the Royal Lion Tribe, MOG, Sun Tribe and UTL.

According to evidence presented during the two-week trial, Shepperson conspired with other Latin Kings members to engage in gang activities from a date unknown until November 2009.  Specifically, evidence presented at trial showed that on Dec. 14, 2007, Sheppersonand other gang members participated in the armed robbery of a prostitute at a motel in Laurel, Md.  In addition, evidence showed that on April 25, 2008, Shepperson conspired with other gang members to rob John Realpe Montoya of cocaine, and fatally shot him behind the Marylander Condominiums in Langley Park, Md. 

 

All of Shepperson’s 18 co-defendants previously pleaded guilty to the racketeering conspiracy.

 

Shepperson faces a maximum sentence of life in prison.  U.S. District Judge Alexander Williams scheduled sentencing for June 17, 2011, at 9:30 a.m.

 

The ATF-led Regional Anti-Gang Enforcement (RAGE) Task Force, which includes the Gaithersburg, Md., Police Department; the Montgomery County Department of Police; the Montgomery County State’s Attorney’s Office; the Prince George’s County Police Department; the Prince George’s County State’s Attorney’s Office; the Montgomery County Sheriff’s Office; the Maryland National Capital Park Police - Prince George’s County Division; and the Maryland State Police; as well as the New York City Police Department , the U.S. Secret Service and the Internal Revenue Service - Criminal Investigation provided assistance in the investigation and prosecution.

 

The case was prosecuted by Assistant U.S. Attorneys Emily Glatfelter and David Salem, and Trial Attorney Lara M. Peirce with the Criminal Division’s Gang Unit.

WASHINGTON – The Justice Department announced today that it has resolved a lawsuit alleging that Kimberly Sathoff was subjected to pregnancy discrimination by the Hertford County, N.C., Public Health Authority, in violation of Title VII of the Civil Rights Act of 1964.

 

The complaint, which was filed along with a consent Decree in the U.S. District Court for the Eastern District of North Carolina, alleges that the health authority discriminated against Ms. Sathoff on the basis of her sex by when the authority’s former health director rescinded an offer of employment and failed to hire Ms. Sathoff for a position with the health authority once the health director found out she was pregnant.   

 

Under the terms of the consent decree, the health authority will implement policies and procedures that prohibit sex discrimination, including pregnancy discrimination, and provide training to all health authority employees with hiring responsibilities and all supervisors on the law of equal employment opportunity, including discrimination based on sex.  Additionally, the health authority will pay Ms. Sathoff a $20,000 monetary award.

 

“A woman should not be regarded as unable to perform a job simply by virtue of her pregnancy. The Department of Justice is committed to protecting the employment rights of women,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.

 

The enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division.  Additional information about the Civil Rights Division and its work is available on its website at www.justice.gov/crt. 

WASHINGTON– The Justice Department filed a lawsuit today against the state of California, Governor Jerry Brown and the California Department of Corrections and Rehabilitation for violating the right of an inmate to practice his religion.  The lawsuit follows a Justice Department investigation that revealed that California’s inmate grooming policy substantially burdens the rights of an inmate to practice his Sikh faith. 

 

By filing the complaint, the department seeks to resolve its investigation and participate in a lawsuit filed recently on behalf of the inmate, who has been subjected to punishment for maintaining an unshorn beard in accordance with the dictates of his religion.  By requiring the inmate, Sukhjinder S. Basra, to cut his beard, California compels him to violate his religious beliefs in contravention of the Religious Land Use and Institutionalized Persons Act (RLUIPA).  Basra is housed at the California Men’s Colony in San Luis Obispo, Calif.

“The freedom to practice one’s faith in peace is among our most cherished rights.  RLUIPA has proven to be a powerful tool in combating religious discrimination and ensuring religious freedom,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “The Department of Justice is committed to vigorously enforcing RLUIPA to ensure that religious liberty for all remains protected.”  

 “The rights guaranteed by the Constitution extend to all people in the United States,” said André Birotte Jr., U.S. Attorney for the Central District of California.  “By protecting those rights – even for those incarcerated – we strengthen those rights for all.”

RLUIPA, which protects the religious freedom of persons confined to institutions such as prisons, mental health facilities and state-run nursing homes, was enacted by both houses of Congress unanimously and signed into law on Sept. 22, 2000.   The law also addresses religious discrimination in land use, and was passed in response to concerns that places of worship, particularly those of religious and ethnic minorities, were frequently subjected to discrimination in zoning matters.  In the 10 years since its passage, RLUIPA has helped secure the ability of thousands of individuals and institutions to practice their faiths freely and without discrimination.

More information on the Civil Rights Division’s efforts to combat religious discrimination may be found at www.justice.gov/crt .

WASHINGTON – Attorney General Eric Holder and Department of Health and Human Services (HHS) Secretary Kathleen Sebelius visited Detroit today to participate in the fifth regional health care fraud prevention summit. These summits bring together a wide array of federal, state and local partners, beneficiaries, providers and other interested parties to discuss innovative ways to eliminate fraud within the U.S. health care system.  The summits are part of a larger effort on behalf of the Obama Administration to root out waste, fraud and abuse within the U.S. health care system.

 

In Detroit, the joint efforts of the Departments of Justice (DOJ) and HHS have achieved significant results in an area with major health care fraud problems. Since May 2009, this collaboration has resulted in charges against 120 defendants, in 18 separate criminal cases, for fraud schemes totaling approximately $120 million in taxpayer funds.  So far, eight of these individuals have been convicted at trial and 63 have pleaded guilty.

 

“Here in Detroit and communities across this region, many of you have witnessed the devastating effects of health care fraud,” said Attorney General Holder.  “Through a collaborative DOJ-HHS effort, we are working in partnership with government, law enforcement and industry leaders to protect taxpayer dollars, control health care costs and ensure the strength and integrity of our most essential health care programs. The results are clear: thanks to our efforts, health care fraud schemes throughout this region and across the country are being aggressively and permanently shut down. And as we renew our commitment to this work today, I am committed to building on the progress we’ve made, continuing to collaborate with each of you, and seeking new ways to expand our operations to fight health care fraud.”

 

“Thanks to provisions in the Affordable Care Act, the prospects for a criminal thinking about targeting our health care system have gotten a lot gloomier,” said Secretary Sebelius. “Here in Detroit, we are honoring our commitment to America’s seniors, meeting our obligation to taxpayers, and standing up to criminals who, in the past, have gotten away with far too much.”  

 

In addition to remarks by the Attorney General and the Secretary, the summit featured three educational panels aimed at identifying best practices for providers, law enforcement and beneficiaries in preventing health care fraud. 

 

The summits are integral to the overall health care fraud-fighting effort undertaken jointly by DOJ and HHS through the Health Care Fraud Prevention and Enforcement Action Team (HEAT).  As one part of HEAT’s efforts, Medicare Fraud Strike Force operations have expanded from South Florida and Los Angeles to a total of nine health care fraud hot spots including Houston; Detroit; Brooklyn, N.Y.; Baton Rouge, La.; Tampa, Fla.; Chicago and Dallas. The Strike Force is a partnership between the Criminal Division’s Fraud Section, U.S. Attorneys’ Offices, HHS Office of Inspector General, FBI and other federal, state and local law enforcement partners.  Since their inception in 2007, Strike Force operations have charged more than 1,000 defendants for Medicare fraud involving more than $2.3 billion in claims.

 

In addition, the Affordable Care Act provides new tools and resources to fight fraud in federal health care programs by providing an additional $350 million over the next 10 years through the Health Care Fraud and Abuse Control Account. The law toughens sentencing for criminal activity, enhances screenings and enrollment requirements, encourages increased sharing of data across government, expands overpayment recovery efforts and provides greater oversight of private insurance abuses.  For information on the Health Care Fraud and Abuse Control Program Report for Fiscal Year 2010, please visit: http://oig.hhs.gov/publications/docs/hcfac/hcfacreport2010.pdf .

 

For a summary of new tools and resources the Affordable Care Act has put in place to help fight fraud, visit: www.HealthCare.gov/news/factsheets/fraud03152011a.html .

 

Investments in fraud detection and enforcement have been shown to pay for themselves many times over, and the Administration’s tough stance against fraud is already yielding results. In FY 2010, more than $4 billion was returned to the Medicare Health Insurance Trust Fund, the U.S. Department of the Treasury and others as a result of enforcement activities targeting false claims and fraud perpetrated against government health care programs. This was an increase of $1.4 billion, or 56 percent, over FY 2009. The $4 billion recovered in FY 2010 includes recoveries from the $2.5 billion in settlements and judgments obtained in FY 2010 by the Department of Justice in False Claims Act matters alleging health care fraud. This is an unprecedented level of funds obtained in a single year and represents a 53 percent increase over FY 2009, in which $1.63 billion was obtained.

 

On June 8, 2010, President Obama announced this nationwide series of regional fraud prevention summits as part of a multi-faceted effort to crack down on health care fraud. The Detroit summit was the fifth in a series, with additional summits to follow in the coming months.  Previous summits were held in Miami (July 16, 2010), Los Angeles (Aug. 26, 2010), Brooklyn, N.Y. (Nov. 5, 2010) and Boston (Dec. 16, 2010).

WASHINGTON – Jeffrey Chatfield of San Diego was sentenced before U.S. District Judge Michael M. Anello to three years probation for hiding assets in secret offshore UBS bank accounts, the Justice Department and the Internal Revenue Service (IRS) announced today. Chatfield was also ordered to pay more than $96,000 to resolve his civil liability with the IRS for failing to file the required Reports of Foreign Bank and Financial Reports (FBARs) on Forms TD F 90-22.1.

 

According to court documents and statements made in court, Chatfield filed false tax returns for 2000 through 2008 in which he failed to report that he had an interest in or a signature authority over Bahamian and Swiss financial accounts at UBS and Credit Suisse. He also failed to report income earned on these Swiss bank accounts and never filed any FBARs disclosing his interest in any offshore financial accounts.

 

According to court documents and statements made in court, in or about 2000, with the assistance of a UBS banker, Chatfield opened a bank account at UBS Bahamas Ltd. in the name of nominee entity Alder West. Chatfield deposited into the account approximately $900,000 in untaxed securities and cash that he received in 2000 from his consulting work, which included advising private companies seeking to go public.

 

In August 2002, Chatfield closed the Alder West account and with the assistance of his UBS banker and others, formed Iberia West Ltd., a Bahamian nominee entity. Chatfield then opened a new Swiss account at UBS in the name of Iberia West and transferred into that account securities and cash previously held at UBS Bahamas Ltd.  In August 2004, Chatfield closed his Iberia West account and transferred all remaining assets to an account at Credit Suisse, also held in the name of the nominee entity Iberia West. In 2008, Credit Suisse told Chatfield that it was closing all accounts held by U.S. taxpayers. Chatfield closed this account in 2008. 

 

In February 2009, UBS entered into a deferred prosecution agreement under which the bank admitted to helping U.S. taxpayers hide accounts from the IRS.  As part of their agreement, UBS provided the United States government with the identities of, and account information for, certain U.S. customers of UBS’s cross-border business, including Chatfield.

 

Principal Deputy Assistant Attorney General for the Justice Department’s Tax Division John A. DiCicco commended the investigative efforts of the IRS-Criminal Investigation agents who investigated the case, and Tax Division trial attorney Timothy J. Stockwell, who is prosecuting the case.

 

Additional information about the Justice Department’s Tax Division and its enforcement efforts is available at www.usdoj.gov/tax

WASHINGTON — A New Jersey industrial pipe supply company and its owner pleaded guilty today to participating in a conspiracy to commit fraud and pay bribes to a purchasing manager at Consolidated Edison of New York (Con Edison) in return for the manager’s efforts to steer contracts to the company, the Department of Justice announced today.

 

Andrew Martingano of Staten Island, N.Y., and his company, American Pipe Bending and Fabrication Co. Inc. of Edison, N.J., each pleaded guilty today in U.S. District Court in Manhattan to participating in a conspiracy to defraud Con Edison.

           

According to a one-count felony charge filed on Feb. 1, 2011, against Martingano and American Pipe, Martingano and others agreed to pay approximately $510,000 in cash bribes to James M. Woodason, a department manager of the purchasing department at Con Edison.  In exchange for the bribes, Woodason steered Con Edison industrial pipe supply contracts to American Pipe by secretly providing Martingano with confidential competitor bid information, thereby causing Con Edison to pay higher, non-competitive prices for materials.  At the time of Woodason’s arrest in August 2010, Woodason had already received approximately $45,000 in cash bribe payments from Martingano and American Pipe.  The department said the conspiracy took place from approximately January 2009 through approximately August 2010.

 

Con Edison is a regulated utility headquartered in Manhattan.  It provides electric service to approximately 3.2 million customers and gas service to approximately 1.1 million customers in New York City and Westchester County, N.Y.  Con Edison received more than $10,000 in federal funding each year between 2003 through 2010.

 

Martingano and American Pipe are charged with conspiracy, which carries a maximum fine of $500,000 for companies, and a maximum penalty of five years in prison and a $250,000 fine for individuals.  Each of the maximum fines may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

 

Today’s pleas arise from an ongoing federal investigation of bid rigging, bribery, fraud and tax-related offenses in the power generation industry.  On Nov. 19, 2010, Woodason pleaded guilty in U.S. District Court in Manhattan to charges that he accepted and agreed to accept bribes from American Pipe and another industrial pipe supply vendor.  Robert D. Rosenberg, a former sales broker for a Lyndhurst, N.J.-based industrial pipe supply company, pleaded guilty on Dec. 2, 2010, for his role in a conspiracy to defraud Con Edison. 

 

The investigation is being conducted by the Antitrust Division’s New York Field Office, with the assistance of the FBI’s New York Division and the Internal Revenue Service-Criminal Investigation.  Con Edison cooperated with the department’s investigation.

 

Anyone with information concerning bid rigging, bribery, tax offenses or fraud in the power generation industry should contact the Antitrust Division’s New York Field Office at 212-264-9308, visit www.justice.gov/atr/contact/newcase.htm or contact the FBI’s New York Division at 212-384-3252.

 

WASHINGTON – A Kentucky couple and their caviar companies were charged today with trafficking in and falsely labeling illegally harvested paddlefish (Polydon spathula), the Department of Justice and the U.S. Attorney for the Southern District of Ohio announced today. 

The American paddlefish (Polydon spathula), also called the Mississippi paddlefish or the spoonbill (hereinafter paddlefish), is a freshwater fish that is primarily found in the Mississippi River drainage system.  Paddlefish eggs are marketed as caviar.  Paddlefish were once common in waters throughout the Midwest.  However, the global decline in other caviar sources, such as sturgeon, has led to an increased demand for paddlefish caviar. This increased demand has led to over-fishing of paddlefish, and consequent decline of the paddlefish population.  Paddlefish, whose eggs are marketed as caviar, are protected by both federal and Ohio law.  It is illegal to harvest paddlefish in Ohio waters, but they can be harvested legally in Kentucky waters.  

The indictment charges Steve T. Kinder, 51, and Kinder Caviar Inc. with illegally harvesting paddlefish from Ohio waters and falsely reporting to the Kentucky Department of Fish & Wildlife Resources that he caught the fish in Kentucky.  The indictment charges Cornelia Joyce Kinder, 53, as well as Kinder Caviar Inc. and Black Star Caviar Company with providing false information about the paddlefish eggs to the U.S. Fish & Wildlife Service in order to obtain permits to export the paddlefish eggs to foreign customers, including the amount of paddlefish eggs to be exported, the names of the fishermen that harvested the paddlefish and the location where the paddlefish were harvested. The alleged violations occurred between March 2006 and December 2010.

Steve Kinder and his wife Cornelia Joyce Kinder, both of Owenton, Ky., owned and operated Kinder Caviar and Black Star Caviar.  Those companies were in the business of exporting paddlefish eggs as caviar to customers in foreign countries.

If convicted, the Kinders face a maximum penalty of five years in prison, a $250,000 fine or both on each count.  The companies could be fined up to $500,000 per count.

An indictment is merely an accusation and a defendants is presumed innocent unless and until proven guilty beyond a reasonable doubt.

The case is being investigated by the U.S. Fish & Wildlife Service Office of Law Enforcement, the Ohio Department of Natural Resources, Division of Wildlife; and the Kentucky Department of Fish & Wildlife Resources. It is being prosecuted by the U.S. Attorney’s Office for the Southern District of Ohio and the Environmental Crimes Section of the Environmental and Natural Resources Division of the Department of Justice.

WASHINGTON – Revised regulations implementing the Americans with Disabilities Act (ADA) will take effect tomorrow, March 15, 2011, the Department of Justice announced. The revised rules are the department’s first major revision of its guidance on accessibility in 20 years.

 

The regulations apply to the activities of more than 80,000 units of state and local government and more than seven million places of public accommodation, including stores, restaurants, shopping malls, libraries, museums, sporting arenas, movie theaters, doctors’ and dentists’ offices, hotels, jails and prisons, polling places, and emergency preparedness shelters. The rules were signed by Attorney General Eric Holder on July 23, 2010, and the official text was published in the Federal Register on September 15, 2010.

 

The department is also releasing a new document, “ADA Update: A Primer for Small Business,” to help small businesses understand the new and updated accessibility requirements. In addition, the department is announcing the release of a new publication explaining when the various provisions of its amended regulations will take effect. Both documents will be available tomorrow on the department’s ADA website, www.ada.gov .

 

“The new rules usher in a new day for the more than 50 million individuals with disabilities in this country,” said Thomas E. Perez, Assistant Attorney General for Civil Rights. “The rules will expand accessibility in a number of areas and, for the first time, provide detailed guidance on how to make recreation facilities, including parks and swimming pools, accessible.”

 

The new ADA rules adopt the 2010 ADA Standards for Accessible Design, which have been retooled to be more user-friendly for building code officials, builders, and architects, and have been harmonized with state and local accessibility codes. The 2010 standards also include, for the first time, standards on making swimming pools, parks, golf courses, boating facilities, exercise clubs, and other recreation facilities accessible for individuals with disabilities. Entities covered by the ADA have until March 15, 2012 to comply with the 2010 Standards. In addition to adopting the new ADA 2010 Standards, the amended regulations contain many new or expanded provisions on general nondiscrimination policies, including the use of service animals, the use of wheelchairs and other power-driven mobility devices, selling tickets for wheelchair-accessible seating at sports and performance venues, reserving and guaranteeing accessible rooms at hotels, providing interpreter services through video conferencing, and the effect of the new regulations on existing facilities. The compliance date for the all the new nondiscrimination provisions, except for those on hotel reservations, is March 15, 2011. Compliance with the hotel reservation provisions is not required until March 15, 2012.

 

“ADA Update” and “ADA 2010 Revised Requirements: Effective Date/Compliance Date” are the first of several planned publications aimed at helping businesses, not-for-profit organizations, and state and local governments understand their obligations under the amended Title II and Title III regulations. Individual print copies of the Effective Date/Compliance Date publication can be ordered from the ADA Information Line (800-514-0301 voice or 800-514-0383 TTY).

 

For more information about the ADA , c all the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY), or access the department’s ADA website at www.ada.gov .

The Department of Justice marked the start of Sunshine Week today with the launch of FOIA.gov, the “flagship initiative” of the department’s Open Government Plan and one of the most significant contributions yet toward making this the most transparent administration in history.

“The Administration’s openness initiatives are central to this President’s approach to governing. Where we can open up the process of governing and enlist our fellow citizens to participate in solving the challenges we face, we’re all going to be better off,” said Associate Attorney General Tom Perrelli. “We believe very simply that if we give people the information they seek, they will create a better government.”

FOIA.gov, brings together all the FOIA data collected by the department on behalf of the federal government.

“As we look forward, today we are pleased to unveil an initiative that will make FOIA easier for the thousands of Americans who use it to find out more about their government or to gain access to information that can make their lives better,” explained Perrelli. “The site is designed not just to make FOIA easier. It tries to make FOIA better.”

FOIA.gov was inspired by public feedback gathered during the Open Government dialogues last year. FOIA.gov:

• Allows the public to easily search, sort and compare data from annual Freedom of Information Act (FOIA) reportsm,
  
  
• Offers a plain language explanation of the law,
  
  
• Explains how to submit a request, how requests are processed, and
  
  
• Provides detailed information on where to send a FOIA request.

At an event held this morning in the department’s Great Hall, experts from across the federal government came together to discuss the ways they are implementing the President and Attorney General’s transparency initiatives.

“The Freedom of Information Act is a vital part of our democracy,” said Melanie Anne Pustay, Director of the Office of Information Policy. ”Greater transparency and a more open government are happening right now, as a direct result of the actions that have been taken by all agencies, large and small, to implement the President’s and Attorney General’s initiatives.”

The Office of Information Policy, which oversees compliance with the FOIA for the entire federal government, released a summary of these achievements which detail how agencies are putting into practice a “presumption of openness” as directed by the President’s directive and the Attorney General’s FOIA guidelines of 2009. For example:

• The Department’s rate of disclosure spiked for both releases in full and in part in 2010 -- with full releases jumping by 21 percent over 2009, and partial releases increasing by 18.2 percent.
  
  
• The Office of the Secretary of Defense/Joint Staff posted 85 percent of all of its FOIA responses --totaling over 300,000 pages -- on its website, and moved to require all 31 Department of Defense components to follow suit.
  
  
• Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) achieved a backlog reduction of 66 percent, after nearly doubling the resources it committed to FOIA and creating a “Backlog Strike Force.”
  
  
• By making process changes and focusing on strategic goals, the U.S. Citizenship & Immigration Services (USCIS) slashed its backlog from 88,361 FOIA requests in 2006 to approximately 8,000 backlog cases at the end of FY 2010, for an over 90 percent total reduction.

For more information, visit FOIA.gov or www.justice.gov/oip.

WASHINGTON – Raymond Bowman, the former president of Taylor, Bean & Whitaker (TBW), pleaded guilty today to conspiring to commit bank, wire and securities fraud, and lying to federal agents about his role in a fraud scheme that contributed to the failures of TBW and Colonial Bank.

 

The guilty plea was announced today by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Neil H. MacBride for the Eastern District of Virginia; Special Inspector General Neil Barofsky for the Troubled Asset Relief Program (SIGTARP); Assistant Director in Charge James W. McJunkin of the FBI’s Washington Field Office; Michael P. Stephens, Inspector General of the Department of Housing and Urban Development (HUD OIG); Jon T. Rymer, Inspector General of the Federal Deposit Insurance Corporation (FDIC OIG); Steve A. Linick, Inspector General of the Federal Housing Finance Agency (FHFA OIG); and Victor F. O. Song, Chief of the Internal Revenue Service (IRS) Criminal Investigation.

 

Bowman, 45, of Atlanta, pleaded guilty before U.S. District Judge Leonie M. Brinkema in the Eastern District of Virginia. Bowman faces a maximum penalty of five years in prison on the conspiracy charge and a maximum penalty of five years in prison on the false statements charge when he is sentenced on June 10, 2011. 

 

According to court documents, Bowman admitted that from 2003 through August 2009, he and his co-conspirators, including former TBW chairman Lee Farkas, engaged in a scheme to defraud various entities and individuals, including Colonial Bank, a federally-insured bank; Colonial BancGroup Inc.; and the investing public. Bowman admitted that he knowingly and intentionally participated in a fraud scheme that caused Colonial Bank and Colonial BancGroup to purchase tens of millions of dollars of worthless assets, caused Colonial BancGroup to report false information in its financial statements, and artificially inflated the value of TBW’s mortgage servicing rights.

 

Court documents state that in early 2002, Bowman learned that TBW began running overdrafts in its master bank account at Colonial Bank because of TBW’s inability to meet its operating expenses, which included payroll, servicing payments owed to third-party purchasers of loans and/or mortgage-backed securities and other obligations. In or about the fall of 2003, Bowman, along with Farkas and other co-conspirators, engaged in a series of fraudulent actions to cover up the overdrafts, first by sweeping overnight money from one TBW account with excess funds into another, and later through the fictitious “sales” of mortgage loans to Colonial Bank, a fraud scheme the conspirators dubbed “Plan B.” The conspirators accomplished this by sending mortgage data to Colonial Bank for loans that did not exist or that TBW had already committed or sold to other third-party investors. According to the statement of facts, Bowman believed that Plan B data included data for loans that did not exist and knew that without Plan B, TBW would likely fail and go out of business.

 

TBW used its mortgage servicing rights (MSR) to collateralize a working capital line of credit at Colonial Bank, and it retained third-party companies to conduct periodic MSR valuations. According to court documents, Bowman admitted that he, at Farkas’s request, directed co-conspirators to manipulate TBW’s borrowing base by billions of dollars to artificially inflate the MSR valuations and to avoid a margin call.

 

In 2005, TBW established a wholly-owned special purpose entity called Ocala Funding LLC, as a financing vehicle to provide it with additional funding for mortgage loans. The facility obtained funds for mortgage lending from the sale of asset-backed commercial paper to financial institutions. In his statement of facts, Bowman admitted that he learned from Farkas and other co-conspirators at TBW that within a year of its creation, Ocala Funding had a significant collateral deficit. As Bowman acknowledged, the government could prove that by August 2009, that deficit had grown to approximately $1.5 billion and that TBW had caused Colonial Bank and the Federal Home Loan Mortgage Corporation (Freddie Mac) to falsely believe that they each had an undivided ownership interest in thousands of the same loans worth hundreds of millions of dollars.

 

On Aug. 3, 2009, Bowman was interviewed by agents from the FBI and the Office of the SIGTARP. Today, Bowman admitted that he falsely stated to the agents that he was not aware of Plan B loans, and that he was not aware of any fraudulent activities between Colonial Bank and TBW.

 

In August 2009, the Alabama State Banking Department, Colonial Bank’s regulator, seized the bank and appointed the FDIC as receiver. Colonial BancGroup also filed for bankruptcy in August 2009.

 

In June 2010, Farkas was arrested and charged in a 16-count indictment for his role in the fraud scheme. His trial is scheduled to begin in April 2011. An indictment is merely a charge and a defendant is presumed innocent until proven guilty. Desiree Brown, the former treasurer of TBW, pleaded guilty on Feb. 24, 2011, and Catherine Kissick, a former senior vice president of Colonial Bank and head of its Mortgage Warehouse Lending Division, pleaded guilty on March 2, 2011, for their roles in the fraud scheme.

 

The case is being prosecuted by Deputy Chief Patrick Stokes and Trial Attorney Robert Zink of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Charles Connolly and Paul Nathanson of the Eastern District of Virginia. This case was investigated by SIGTARP, FBI’s Washington Field Office, FDIC OIG, HUD OIG, FHFA OIG and the IRS Criminal Investigation. The Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury also provided support in the investigation. 

 

This prosecution was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

WASHINGTON – The U.S. Department of Justice, U.S. Environmental Protection Agency (EPA) and the state of West Virginia announced today that Consol Energy Inc., the largest producer of coal from underground mines in the United States, has agreed to pay a $5.5 million civil penalty for Clean Water Act violations at six of its mines in West Virginia. In addition to the penalty, Consol will spend an estimated $200 million in pollution controls that will reduce discharges of harmful mining wastewater into Appalachian streams and rivers.

“In this settlement, Consol takes responsibility for its past failures to abide by the terms of its Clean Water Act permits,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “As a result of this enforcement action, Consol will install a state-of-the-art system to treat wastewater from multiple mines that will set the standard for the responsible management of discharges from underground mining operations in Appalachia. This settlement will ensure protection of human health and the environment for the benefit of the people who live in Appalachia.”

“Complying with the Clean Water Act is a critical responsibility of those who operate mines near our nation’s treasured rivers, lakes and streams,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The state-of the-art technology required by today’s settlement is an important step forward in protecting local waterways and the health of communities in Appalachia.”

“We are committed to cleaning up the waters of Dunkard Creek and the Monongahela watershed and holding those who pollute it accountable,” said EPA Regional Administrator Shawn M. Garvin. “The centerpiece of this settlement – a new advanced wastewater treatment plant – will substantially reduce pollution by keeping nearly 100 million pounds of total dissolved solids, including chloride, from reaching these waterways each year.”

“This agreement between the state, the federal government and industry will create a complex waste water treatment facility that will significantly improve the water quality in the Monongahela watershed, and implement measures that will have positive effects on streams along the Ohio River, while allowing the mineral extraction industry to continue to have a positive economic impact in the region,” said Scott Mandirola, director of the Division of Water and Waste Management for the West Virginia Department of Environmental Protection.

“Addressing the serious issues that affect our environment, by measures such as this one, will not only promote a healthier society and enhance our safety, but as recent studies are reporting, the expected investments in technology and alternative production methods may actually result in the creation of jobs,” said U.S. Attorney William J. Ihlenfeld, II. “It is my sincere hope that this settlement will send a strong message that the federal government is serious about protecting the health of its citizens and ensuring that its laws are followed during the process of energy extraction.”

Consol has agreed to build and operate an advanced wastewater treatment plant using reverse osmosis technology near Mannington, W.V., to remove high levels of chloride from mining wastewater. When completed, the plant will be the largest such treatment plant in Appalachia and capable of treating 3,500 gallons of mine water per minute, substantially reducing chloride and other salts in mining waters discharged to streams. This treatment will eliminate over 96 million pounds of total dissolved solids, including over 11 million pounds of chloride. High levels of chloride and dissolved solids can harm aquatic life, clog irrigation devices and carry toxic chemicals that impact drinking water.

The U.S. complaint filed concurrently with the settlement agreement alleges that six Consol mines violated pollution discharge limits in their Clean Water Act permits hundreds of times over the last four years. The complaint alleges chronic exceedances of chloride discharge limits at the Blacksville No. 2, Loveridge, Robinson Run and Four States mines in the Monongahela watershed and the Shoemaker and Windsor mines discharging into tributaries of the Ohio River.

The complaint also alleges that discharges of high amounts of chloride and total dissolved solids from Consol’s facilities at Blacksville No. 2 and Loveridge contributed to severe impairment of aquatic life and conditions favorable for golden algae to thrive in Dunkard Creek. In September 2009, a species of golden algae bloomed in Dunkard Creek, killing thousands of fish, mussels and amphibians. 

The consent decree, lodged in the U.S. District Court for the Northern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Department of Justice and state of West Virginia websites at:

http://www.justice.gov/enrd/Consent_Decrees.html and

http://www.dep.wv.gov/pio/Pages/Settlements,Ordersouttopublicnotice.aspx

 

WASHINGTON – Alleged Mexican drug kingpin Esteban Rodriguez-Olivera, 47, was extradited from Mexico to the United States on Friday, March 11, 2011, and was arraigned today before U.S. Magistrate Judge Cheryl L. Pollak at the federal courthouse in Brooklyn, N.Y., on charges contained in a superseding indictment returned on March 21, 2008. Rodriguez-Olivera is one of two brothers believed to be the leaders of “Los Gueros,” an international drug organization responsible for shipping more than 100 tons of cocaine to the United States. Mexican authorities arrested Rodriguez-Olivera on a provisional warrant issued from the Eastern District of New York, and he and his brother, Luis Rodriguez-Olivera, also face federal criminal charges in the District of Columbia.

 

The extradition was announced by Loretta E. Lynch, U.S. Attorney for the Eastern District of New York; Assistant Attorney General Lanny A. Breuer of the Criminal Division; John P. Gilbride, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York; and James T. Hayes Jr., Special Agent-in-Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York. The investigation was conducted by DEA offices in New York, Texas and Guadalajara, Mexico, and ICE/HSI, in New York, with assistance provided by the Internal Revenue Service and law enforcement authorities in Mexico.

 

According to the indictment and an unsealing application filed by the government in the Eastern District of New York, in 2007 the U.S. Organized Crime and Drug Enforcement Task Force designated the defendant and his brother drug kingpins, adding them to the list of the world’s most significant narcotics traffickers and money launderers. Los Gueros’ supply route originated in Mexico, stretched into Texas, and branched off to various points within the United States, including the New York City metropolitan area. The organization received multi-ton shipments of cocaine from Colombia along the Gulf coast of Mexico, and transported drug shipments into the United States through Laredo and McAllen, Texas.

The superseding indictment alleges that, from 1996 to 2008, Los Gueros imported more than 100,000 kilograms (100 tons) of cocaine into the United States, and the DEA estimates that between 2004 and 2006, the organization was responsible for shipping truckloads containing more than 2,000 kilograms (two tons) of cocaine to New York City alone. As part of the investigation, in October 2004, ICE agents seized approximately 156 kilograms of cocaine hidden in one of the organization’s tractor-trailers; and in 2005, ICE agents seized approximately $2.1 million in drug proceeds bound for the organization in Mexico.

 

As detailed in the government’s detention letter, to minimize the chance of his detection and arrest, Rodriguez-Olivera frequently relied on his associates to communicate with other co-conspirators by telephone and rarely spoke on the telephone himself. He also avoided being photographed. However, during the course of the investigation, in one instance when Rodriguez-Olivera spoke by telephone directly with a co-conspirator, he was recorded by law enforcement setting up a meeting in the Dominican Republic to plan shipments of narcotics to New York.

 

Esteban Rodriguez-Rivera and Luis Rodriguez-Olivera are charged in the U.S. District Court in the District of Columbia in relation to the seizure of approximately 5.2 tons of cocaine in January 2006 by the Mexican Navy in the Pacific Ocean near Manzanillo, Colima. The defendants are charged with engaging in a conspiracy to import cocaine and to manufacture and distribute cocaine knowing and intending that it would be imported into the United States, as well as with the substantive offense of manufacturing and distributing cocaine knowing that it will be imported into the United States.

 

“No matter what steps a narcotics trafficker might take to avoid being apprehended, ultimately there is no escape from justice,” stated U.S. Attorney Lynch. “Thanks to the cooperation of our partners in Mexico, there is no safe haven for a drug trafficker, and kingpins are no exception.” U.S. Attorney Lynch extended her grateful appreciation to the agencies that conducted the government’s investigation and thanked the Criminal Division’s Office of International Affairs for its significant assistance in this case.

 

“Extraditions are critical to our ability to bring major narcotraffickers to justice, and are a central component of the cooperative relationship between U.S. and Mexican law enforcement,” said Assistant Attorney General Breuer. “The extradition to the United States of Esteban Rodriguez-Olivera – an alleged leader of a major drug trafficking organization – is a concrete example of how we are working with our Mexican partners to dismantle these criminal enterprises.”

 

DEA Special Agent-in-Charge Gilbride stated, “With roots in Guadalajara to distribution cells throughout the Eastern seaboard, this drug trafficking organization was responsible for smuggling millions of dollars of cocaine into our nation. The arrest today sends a message to drug traffickers that you can run, but you cannot hide from global law enforcement who share a goal of putting you out of business.”

 

ICE/HSI Special Agent-in-Charge Hayes stated, “As alleged in the indictment and other court filings, the defendant is not only responsible for importing tons upon tons of cocaine destined for New York City, but he made millions of dollars in profit from this illegal drug activity. Dismantling this type of criminal enterprise and stemming the flow of drugs into the United States remains a top priority for Homeland Security Investigations and our federal partners.”

 

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

 

The case pending in the Eastern District of New York is being prosecuted by Assistant U.S. Attorney Walter M. Norkin. The case pending in the District of Columbia is being prosecuted by Trial Attorney Charles D. Griffith Jr. of the Narcotics and Dangerous Drug Section in the Criminal Division of the Department of Justice.

WASHINGTON – Jeffrey Tesler, a former consultant to Kellogg, Brown & Root Inc. (KBR) and its joint venture partners, pleaded guilty today in Houston to conspiring to violate the Foreign Corrupt Practices Act (FCPA) and to violating the FCPA for his participation in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts, the Criminal Division of the Department of Justice announced. The EPC contracts to build liquefied natural gas (LNG) facilities on Bonny Island, Nigeria, were valued at more than $6 billion.

 

Tesler, 62, a United Kingdom citizen and licensed solicitor, was extradited on March 10, 2011, from the United Kingdom to the United States. Tesler pleaded guilty today before U.S. District Judge Keith P. Ellison to one count of conspiracy to violate the FCPA and one count of violating the FCPA contained in a Feb. 17, 2009, indictment.

 

KBR, Technip S.A., Snamprogetti Netherlands B.V. and a Japanese engineering and construction company were part of a four-company joint venture that was awarded four EPC contracts by Nigeria LNG Ltd. (NLNG) between 1995 and 2004 to build LNG facilities on Bonny Island. Tesler admitted that from approximately 1994 through June 2004, he and his co-conspirators agreed to pay bribes to Nigerian government officials, including top-level executive branch officials, in order to obtain and retain the EPC contracts. The joint venture hired Tesler as a consultant to pay bribes to high-level Nigerian government officials and hired a Japanese trading company to pay bribes to lower-level Nigerian government officials. During the course of the bribery scheme, the joint venture paid approximately $132 million in consulting fees to a Gibraltar corporation controlled by Tesler and more than $50 million to the Japanese trading company. Tesler admitted that he used the consulting fees he received from the joint venture, in part, to pay bribes to Nigerian government officials.

 

In related cases, KBR’s former CEO, Albert “Jack” Stanley, pleaded guilty in September 2008 to conspiring to violate the FCPA for his participation in the bribery scheme, while KBR’s successor company, Kellogg Brown & Root LLC, pleaded guilty in February 2009 to FCPA-related charges for its participation in the scheme to bribe Nigerian government officials. Kellogg Brown & Root LLC was ordered to pay a $402 million fine and to retain an independent compliance monitor for a three-year period to review the design and implementation of its compliance program.

 

In another related criminal case, the department filed a deferred prosecution agreement and criminal information against Technip on June 28, 2010. According to that agreement, Technip agreed to pay a $240 million criminal penalty and to retain an independent compliance monitor for two years. On July 7, 2010, the department filed a deferred prosecution agreement and criminal information against Snamprogetti Netherlands BV, which also agreed to pay a $240 million criminal penalty. Tesler’s co-defendant, Wojciech J. Chodan, was extradited from the United Kingdom on Dec. 3, 2010, and pleaded guilty on Dec. 6, 2010, to conspiring to violate the FCPA.

 

As part of his plea agreement, Tesler agreed to forfeit $148,964,568. At sentencing, scheduled for June 22, 2011, Tesler faces a maximum penalty of five years in prison on the conspiracy charge, and five years in prison on the FCPA violation charge.

 

The case is being prosecuted by Assistant Chief William J. Stuckwisch and Deputy Chief Patrick F. Stokes of the Criminal Division’s Fraud Section, with investigative assistance from the FBI-Houston Division. The Criminal Division’s Office of International Affairs provided substantial assistance. Significant assistance was provided by the SEC’s Division of Enforcement and by the authorities in France, Italy, Switzerland and the United Kingdom, including in particular the Crown Prosecution Service, the Serious Fraud Office’s International Assistance and Anti-Corruption Units, the London Metropolitan Police and the City of London Police in the United Kingdom.

WASHINGTON – A federal jury in Norfolk, Va., today convicted Justin Cannon, 27, of Corpus Christi, Texas, and Christopher Drotleff, 29, of Virginia Beach, Va., of involuntary manslaughter while working as contractors for the U.S. Department of Defense in Afghanistan.

 

Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Neil H. MacBride of the Eastern District of Virginia and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement today following the jury’s verdict.

 

Cannon and Drotleff were acquitted of other charges, including second-degree murder, assault resulting in serious bodily injury, and firearms offenses. 

 

Cannon and Drotleff were charged under the Military Extraterritorial Jurisdiction Act (MEJA) through a superseding indictment on Aug. 5, 2010. According to court documents, Cannon and Drotleff were charged with shooting and killing two Afghanistan nationals and seriously wounding a third while on an unauthorized convoy in Kabul, Afghanistan, on May 5, 2009.

 

Cannon and Drotleff were Department of Defense contractors employed by a subsidiary of Xe (formerly known as Blackwater Worldwide).  According to evidence presented at trial, Cannon and Drotleff left their military base without authorization to join a convoy transporting local interpreters. Evidence at trial established that, after a traffic accident involving one of the vehicles in the convoy, Cannon and Drotleff fired multiple shots into the back of a civilian car that had attempted to pass the accident scene. The passenger of the car was fatally shot and the driver was seriously injured. An individual who happened to be walking his dog in the area was also killed in the shooting. Today, the jury found the defendants guilty of involuntary manslaughter for the death of Romal Mohammad Naiem, the front-seat passenger. They were acquitted of responsibility for the death of the person walking his dog and the injuries to the driver.

 

According to court records, as contractors, Cannon and Drotleff provided training to the Afghan National Army for the Islamic Republic of Afghanistan in the use and maintenance of weapons and weapons systems. 

 

At sentencing, scheduled for June 14, 2011, Cannon and Drotleff face a maximum penalty of eight years in prison.

 

Today’s conviction is the result of a retrial.  Cannon and Drotleff were originally tried before a jury in September 2010, which ended in a hung jury and mistrial. 

 

The case is being prosecuted by Assistant U.S. Attorneys Randy C. Stoker and Alan M. Salsbury from the U.S. Attorney’s Office for the Eastern District of Virginia - Norfolk Division as well as Trial Attorney Robert McGovern of the Criminal Division’s Human Rights and Special Prosecutions Section.  The case is being investigated by the FBI. 

WASHINGTON – Helen Etinfoh, the former owner and operator of a Houston durable medical equipment (DME) company was sentenced today to 41 months in prison in connection with a $3 million power wheelchair fraud scheme, the Departments of Justice and Health and Human Services (HHS) announced.

 

Etinfoh, 50, was also ordered by U.S. District Judge Ewing Werlein Jr. of the Southern District of Texas to pay $851,228 in restitution jointly and several with her co-defendant. In addition, Etinfoh was sentenced to three years of supervised release following her prison term. Eitnfoh was remanded to custody after sentencing.

 

On April 16, 2010, after a week-long trial, a federal jury convicted Etinfoh of one count of conspiracy to commit health care fraud and four counts of health care fraud. The jury also convicted Paula Whitfield, a patient recruiter for the DME company, of one count of conspiracy to commit health care fraud and one count of health care fraud. Whitfield was previously sentenced to 21 months in prison.

 

According to evidence presented at trial, Etinfoh was the owner and operator of Luant & Odera Inc., a Houston-area DME company doing business as Tonni Medical Equipment & Supplies. Whitfield was a recruiter for Luant who was paid kickbacks in exchange for providing the company with beneficiaries in whose names bills could be submitted to Medicare. Etinfoh and other co-conspirators submitted false and fraudulent claims to Medicare for medically unnecessary DME, including power wheelchairs, wheelchair accessories and motorized scooters.

 

Evidence at trial showed that, based on representations from Whitfield and other recruiters, Luant would bill Medicare under a special code that designated the power wheelchairs as replacements for wheelchairs lost during hurricanes that hit the Houston area in fall 2008. In fact, the hurricanes did not damage the wheelchairs. Certain beneficiaries testified that they did not even have a power wheelchair before receiving the ones provided to them by Luant. Luant used the hurricane code because it allowed the company to submit claims to Medicare without a doctor’s order.

 

At trial, beneficiaries in whose names claims were submitted to Medicare testified that recruiters whom they had never met, including Whitfield, came to their homes and offered them free power wheelchairs in exchange for their Medicare information. The beneficiaries, all of whom could walk, testified that they neither needed nor used the power wheelchairs delivered to them by Luant, which were often billed to Medicare at more than $6,000 per chair.

 

Today’s sentences were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney José Angel Moreno of the Southern District of Texas; Special Agent-in-charge Richard C. Powers of the FBI’s Houston Field Office; Special Agent-in-Charge Mike Fields of the Dallas Regional Office of HHS Office of the Inspector General (HHS-OIG), Office of Investigations; and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU).

 

The case was tried by Assistant Chief Sam S. Sheldon and Trial Attorney Joseph S. Beemsterboer of the Criminal Division’s Fraud Section. The case was brought as part of the Medicare Fraud Strike Force, supervised by the U.S. Attorney’s Office for the Southern District of Texas and the Criminal Division’s Fraud Section.

 

Since their inception in March 2007, Strike Force operations in nine locations have obtained indictments of 1,000 individuals who collectively have falsely billed the Medicare program for more than $2.3 billion. In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

 

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov .

WASHINGTON – Honeywell International Inc. pleaded guilty today in federal district court in Benton, Ill., to one felony offense for knowingly storing hazardous waste without a permit in violation of the Resource Conservation and Recovery Act (RCRA). Honeywell was also sentenced today to pay a criminal fine in the amount of $11.8 million.

“Today, Honeywell must account for its knowing violation of a federal law that protects the public from exposure to hazardous waste containing radioactive material,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “All companies who generate hazardous waste must have a permit to store the waste and, when granted a permit under RCRA, must fully comply with its requirements or they will be prosecuted.” 

“The citizens of Southern Illinois should not and will not tolerate improper storage of hazardous wastes so near their homes and businesses,” said Stephen R. Wigginton, U.S. Attorney for the Southern District of Illinois. U.S. Attorney Wigginton noted that he will “continue to seek out and prosecute environmental criminals on behalf of the residents of the Southern District of Illinois in order to insure the environmental safety of our communities.”

“The defendant’s illegal storage practices put employees at risk of exposure to radioactive and hazardous materials,” s aid Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s plea agreement and sentencing shows that those who try to circumvent the law and place people’s health and the environment at risk will be vigorously prosecuted.”

Honeywell, a Delaware corporation with corporate headquarters in Morristown, N.J., owns and operates a uranium hexafluoride (UF6) conversion facility in Massac County, Ill., near the city of Metropolis and the Ohio River. Honeywell is licensed by the U.S. Nuclear Regulatory Commission to possess and otherwise manage natural uranium, which it converts into UF6 for nuclear fuel. The Metropolis facility is the only facility in the United States to convert natural uranium into UF6.

At the Metropolis facility, air emissions from the UF6 conversion process are scrubbed with potassium hydroxide (KOH) prior to discharge. As a result of this process, KOH scrubbers and associated equipment accumulate uranium compounds that settle out of the liquid and are pumped as a slurry into 55-gallon drums. The drummed material, called “KOH mud” and consisting of uranium and KOH, has a pH greater than or equal to 12.5.

In November 2002, Honeywell shut down part of the wet reclamation process it used to reclaim the uranium from the KOH mud, knowing that previously accumulated drums of KOH mud and any additional drums of KOH mud generated thereafter would have to be stored onsite until such time as the wet reclamation process was restarted. Honeywell also knew that, because the pH of KOH mud generated at the facility was greater than or equal to 12.5, it is classified as corrosive hazardous waste under regulations issued pursuant to RCRA. Therefore, Honeywell needed, but did not have, a RCRA permit to store any drums of KOH mud at its facility longer than 90 days.

In July 2007, Honeywell requested a modification of its RCRA permit from the Illinois Environmental Protection Agency (IEPA) so that they could store drums of KOH mud. IEPA issued Honeywell a modified permit in July 2008, allowing Honeywell to store drums containing KOH mud only in a KOH container storage area designed to contain any spills, leaks or precipitation that accumulates in the drum storage area. By September 2008, Honeywell had accumulated over 7,000 drums of KOH mud. In April 2009, EPA special agents conducted a search warrant and found nearly 7,500 illegally stored drums containing waste that was both radioactive and hazardous. Honeywell began storing the KOH mud drums in compliance with the terms of its RCRA permit in approximately March 2010.

In accordance with the terms of the criminal plea agreement, Honeywell will serve a five-year term of probation. As a condition of probation, Honeywell must comply with the terms of the interim consent order entered into with the Illinois Attorney General’s Office and the Illinois Environmental Protection Agency, filed on April 21, 2010, and any subsequent revisions, which imposes a schedule for the processing of KOH mud. As a further condition of probation, Honeywell must implement a community service project in the community surrounding the Metropolis facility, whereby Honeywell will develop, fund and implement a household hazardous waste collection program and arrange for proper treatment, transportation and disposal of this waste collected during at least eight collection events over a two-year period, at a cost of approximately $200,000.

The case was investigated by the Environmental Protection Agency Criminal Investigation Division. It was prosecuted by Jennifer A. Whitfield and Susan L. Park of the Environmental Crimes Section of the Department of Justice Environment and Natural Resources Division and by William E. Coonan and Michael J. Quinley of the U.S. Attorney’s Office for the Southern District of Illinois.

WASHINGTON – Former Senior U.S. District Court Judge Jack T. Camp Jr., was sentenced today in U.S. District Court in Atlanta to one month in prison for unlawful possession of controlled substances charges and unlawful conversion of government property, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, Special Agent in Charge Brian D. Lamkin of the FBI’s Atlanta Office and Director Vernon Keenan of the Georgia Bureau of Investigation.

 

Camp, 67, a former Senior U.S. District Judge in the Northern District of Georgia, pleaded guilty in November 2010 to an information charging him with one count of unlawful possession of controlled substances, one count of aiding and abetting the unlawful possession of controlled substances by a previously convicted drug felon and one count of conversion of government property. Camp was sentenced today in the Northern District of Georgia by Senior U.S. District Judge Thomas F. Hogan for the District of Columbia. Judge Hogan was sitting by designation in the Northern District of Georgia.

 

As part of his plea, Camp admitted that between May 2010 and Oct. 1, 2010, he unlawfully used and possessed cocaine, marijuana and Roxycodone, a Schedule II controlled substance. Camp also admitted to giving an individual, whom he knew had a prior felony drug conviction, money to purchase cocaine, Roxycodone and marijuana for their joint use. Camp admitted that he unlawfully gave the individual a U.S. District Court laptop computer for her personal use. Camp was arrested on Oct. 1, 2010, after attempting to purchase drugs from an undercover FBI agent posing as a drug dealer. Camp further resigned his commission as Senior U.S. District Judge. On Feb. 28, 2011, Camp voluntarily surrendered his license to practice law in the state of Georgia.

 

Camp was also sentenced to pay a $1,000 fine and $825 in restitution. He was sentenced to one year of supervised release.

 

The case was prosecuted by Trial Attorneys Deborah Sue Mayer and Tracee Joy Plowell of the Criminal Division’s Public Integrity Section. The case was investigated by the FBI Atlanta’s Public Corruption Squad. The Georgia Bureau of Investigaiton provided substantial assistance in this case.

WASHINGTON – John Jackson, the former mayor of White Hall, Ala., pleaded guilty before U.S. Magistrate Judge Susan Walker in U.S. District Court in Montgomery, Ala., to one count of filing a false tax return, the Justice Department and the Internal Revenue Service (IRS) announced today. 

 

According to the court documents, Jackson admitted filing a false joint 2004 U.S. Individual Income Tax Return, Form 1040, that did not report all of the total income earned by Jackson and his spouse. Jackson also admitted in his plea to filing false joint Individual Income Tax Returns, Forms 1040, for 2005 and 2006, which failed to report all of the total income earned by him and his spouse. 

 

No sentencing date has been scheduled.  Jackson faces a maximum of three years in prison, three years of supervised release and a maximum fine of $250,000 or twice the loss resulting from his offense. 

                                   

The case was investigated by special agents of the IRS - Criminal Investigation. Trial Attorney Michael Boteler of the U.S. Department of Justice, Tax Division, Southern Criminal Enforcement Section, and Todd Brown, Assistant U.S. Attorney for the Middle District of Alabama, handled the case.

           

Additional information about the Justice Department’s Tax Division and its enforcement efforts may be found at www.usdoj.gov/tax

WASHINGTON - Eric Bernard Caldwell was indicted by a federal grand jury in the Middle District of Alabama on charges of conspiracy and theft of government funds, the Department of Justice and the Internal Revenue Service (IRS) announced today. The indictment was returned on Feb. 16, 2011, and unsealed today.

 

Caldwell, a resident of Montgomery County, Ala., was charged with conspiring to defraud the United States by filing false claims and also charged with one count of theft of government funds. According to the indictment, Caldwell was part of a conspiracy that filed false tax returns using stolen identities. Caldwell provided identifying information to co-conspirator Ora Mae Adamson , who filed the returns, in exchange for a share of the illicit proceeds generated by the false tax returns.

 

Adamson pleaded guilty to conspiracy and identity theft charges on Dec. 2, 2010, and was sentenced to 46 months in prison on March 10, 2011. Another co-conspirator, Jeffery Leon Ceaser, has also pleaded guilty and was sentenced, on March 2, 2011, to 36 months in prison.

 

An indictment merely alleges that crimes have been committed, and defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Caldwell faces a maximum of 20 years in prison and a fine of $500,000.

 

IRS – Criminal Investigation agents investigated this case, and Tax Division trial attorneys Jason Poole and Michael Boteler are prosecuting the case.

 

Additional information about the Justice Department’s recent efforts to stop fraudulent claims for the first-time homebuyer tax credit is available here . Additional information about the Justice Department’s Tax Division and its enforcement efforts is available at www.usdoj.gov/tax .

WASHINGTON - Kenneth L. Richardson of Nashville, Tenn., was arraigned in Nashville on charges of making and subscribing a false income tax return for 2004, and for failure to file a tax return for years 2005, 2006 and 2007, the Justice Department and Internal Revenue Service (IRS) announced today.

 

The indictment alleges that Richardson owned and operated a bail bonding company in Nashville, which did business as “Skyy Bonding Company.” According to the indictment, in 2004, Richardson did willfully make and subscribe an IRS Form 1040, U.S. Individual Income Tax Return, which he did not believe to be true and correct as to every material matter. The indictment alleges that Richardson knew he had substantial gross income in addition to the amount stated on his 2004 tax return.

           

The indictment further alleges that for tax years 2005, 2006 and 2007, Richardson had gross income that required the filing of a tax return, but willfully failed to make an income tax return as required by law.                                                                            

 

An indictment is merely a formal charge by the grand jury. Each defendant is presumed innocent unless and until proven guilty in U.S. District Court.  If convicted, the defendant faces a maximum potential sentence of six years in prison and maximum fines of $550,000.  The court has not yet set a trial date.

 

The case is being prosecuted by Tax Division trial attorneys Michelle M. Petersen and Kathryn B. Ward.  The case was investigated by the IRS-Criminal Investigation Division.

 

Additional information about the Justice Department’s Tax Division and its enforcement efforts may be found at www.usdoj.gov/tax .

WASHINGTON – A former correctional officer from Cohoes, N.Y., was convicted following a jury trial in Albany, N.Y., of violating the civil rights of an inmate while working at the Rensselaer County Correctional Facility (RCCF), and making false statements to the FBI regarding the incident, the Department of Justice announced today.

 

Following trial before U.S. District Judge Gary L. Sharpe, the jury found that in January 2009, Keith Ronald Hancock Jr., 37, while employed as a correctional officer at the RCCF in Troy, N.Y., assaulted an inmate and made a false statement to the FBI during the investigation of the incident. At trial, the jury heard evidence that Hancock struck an inmate on multiple occasions while the inmate was handcuffed behind the back and under the control of other correctional officers. After the incident, Hancock prepared an incident report in which he failed to report his uses of force or provide any justification for them. Thereafter, during the course of the federal investigation, Hancock falsely denied his conduct.

“Corrections officers who abuse their authority and violate the rights of inmates under their supervision do a disservice to all officers who take an oath to uphold the U.S. Constitution,” said Assistant Attorney General for the Civil Rights Division Thomas E. Perez. “The Civil Rights Division will aggressively prosecute these abuses of official authority, wherever they occur.”

“Conduct such as the defendant’s has no place in our correctional institutions, or in our society,” said U.S. Attorney for the Northern District of New York Richard S. Hartunian. “Prosecutions such as this send an important message that such conduct cannot and will not be tolerated.”

The defendant’s conviction for violating the inmate’s civil rights carries a maximum statutory penalty of up to 10 years in prison, a $250,000 fine, or both. The conviction for making a false statement to the FBI carries a maximum statutory penalty of up to five years in prison, a $250,000 fine, or both. Sentencing is scheduled for July 12, 2011.

The investigation in this matter was conducted by the Albany Division of the FBI, with the assistance of the Rensselaer County Sheriff’s Office. The case was prosecuted by the Criminal Section of the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of New York.

WASHINGTON – A former correctional officer from Cohoes, N.Y., was convicted following a jury trial in Albany, N.Y., of violating the civil rights of an inmate while working at the Rensselaer County Correctional Facility (RCCF), and making false statements to the FBI regarding the incident, the Department of Justice announced today.

 

Following trial before U.S. District Judge Gary L. Sharpe, the jury found that in January 2009, Keith Ronald Hancock Jr., 37, while employed as a correctional officer at the RCCF in Troy, N.Y., assaulted an inmate and made a false statement to the FBI during the investigation of the incident. At trial, the jury heard evidence that Hancock struck an inmate on multiple occasions while the inmate was handcuffed behind the back and under the control of other correctional officers. After the incident, Hancock prepared an incident report in which he failed to report his uses of force or provide any justification for them. Thereafter, during the course of the federal investigation, Hancock falsely denied his conduct.

“Corrections officers who abuse their authority and violate the rights of inmates under their supervision do a disservice to all officers who take an oath to uphold the U.S. Constitution,” said Assistant Attorney General for the Civil Rights Division Thomas E. Perez. “The Civil Rights Division will aggressively prosecute these abuses of official authority, wherever they occur.”

“Conduct such as the defendant’s has no place in our correctional institutions, or in our society,” said U.S. Attorney for the Northern District of New York Richard S. Hartunian. “Prosecutions such as this send an important message that such conduct cannot and will not be tolerated.”

The defendant’s conviction for violating the inmate’s civil rights carries a maximum statutory penalty of up to 10 years in prison, a $250,000 fine, or both. The conviction for making a false statement to the FBI carries a maximum statutory penalty of up to five years in prison, a $250,000 fine, or both. Sentencing is scheduled for July 12, 2011.

The investigation in this matter was conducted by the Albany Division of the FBI, with the assistance of the Rensselaer County Sheriff’s Office. The case was prosecuted by the Criminal Section of the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of New York.

WASHINGTON – The U.S. District Court for the District of South Dakota has ordered the former property managers of the Lakeport Village Apartment in Sioux Falls, S.D., to pay a total of $30,000 in civil penalties because they racially discriminated against three families in violation of the Fair Housing Act, the Department of Justice announced today.  The former owner of the complex, TK Properties LLC, and one of its principals, Scott Terveen, had previously paid $30,000 to settle the United States’ claims against them as part of a settlement approved by the court on Dec. 21, 2010. 

 

The government’s lawsuit, filed on Oct. 15, 2009, alleged that former property manager Ann Wagner and former maintenance supervisor Corey Anderson created a racially hostile housing environment for one African-American family and two white families who associated with the African-American family while they were tenants at Lakeport Village.   The complaint alleged that Wagner and Anderson used racial epithets in reference to the African-American family and in the presence of all three families, including minor children.  The complaint also alleged that Wagner and Anderson retaliated against two white families that had befriended the African-American family.  All three families eventually moved out as a result of the defendants’ racially hostile and retaliatory conduct.  Wagner and Anderson did not respond to the complaint and the court entered a judgment of default against them in July 2010.

 

“No person or family should be discriminated against because of race, or retaliated against because of the race of their friends or relatives,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The court’s decision makes clear that such discrimination is unacceptable and that perpetrators will be penalized.” 

 

“This decision helps ensure that equal housing opportunities required by law are available to all South Dakotans.  Our office will not tolerate discrimination against persons based upon their race,” said U.S. Attorney for the District of South Dakota Brendan Johnson

 

The lawsuit originated as a result of complaints the three families filed with the Department of Housing and Urban Development (HUD).   After an investigation, HUD found reasonable cause to believe that unlawful discrimination had occurred and referred the matter to the Justice Department.

 

“Today, HUD and the Justice Department stand together against housing discrimination,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity . “More than that, we will not tolerate retaliation against individuals or families who file discrimination complaints or assist those who do.” 

 

The order, issued on March 9, 2011, by Judge Karen E. Schreier, requires Wagner and Anderson to each pay a $15,000 civil penalty.  The order also enjoins Wagner and Anderson from participating in the management or operation of rental housing for a three year period.  

 

Fighting illegal housing discrimination is a top priority of the Justice Department.  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 www.justice.gov/crt .

 

Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected] or contact HUD at 1-800-669-9777.

WASHINGTON – Marc S. Hermelin, the former chairman of the board and chief executive officer of St. Louis-based KV Pharmaceutical Company, pleaded guilty and was sentenced today in a case involving KV’s production and distribution of oversized morphine sulfate tablets, the Justice Department announced.  U.S. District Judge E. Richard Webber of the Eastern District of Missouri ordered Hermelin to pay a $1 million fine, forfeit $900,000 and serve a sentence of 30 days in jail.  

 

Hermelin pleaded guilty to two misdemeanor violations of the Food, Drug and Cosmetic Act (FDCA).  In a plea agreement that was submitted to the court, Hermelin admitted that KV introduced misbranded morphine sulfate tablets into interstate commerce in 2007 and 2008. Morphine sulfate is a pain relief drug and opiate. The government charged that the morphine sulfate discussed in the plea agreement included some oversized tablets, which contained more active ingredient of the drug morphine than was specified in its labeling. This made the morphine sulfate “misbranded” under federal law, according to the court documents.

 

In May 2008, KV received complaints about oversized morphine sulfate tablets, according to court documents. An oversized tablet discovered by a pharmacist in California weighed twice as much as a normal pill. An oversized tablet found by a Canadian drug distributor was approximately 65 percent heavier than a normal pill. Both oversized tablets had been made on “BB2” pill press machines, which KV used to make many other tablet drugs. In June 2008, KV disclosed the discovery of the oversized morphine sulfate tablets to the Food and Drug Administration (FDA) and publicly recalled various morphine sulfate lots. At the same time, the government alleged that although KV knew of other oversized, BB2-made tablets and that its BB2 machine could randomly produce some oversized tablets, the company did not inform FDA of the other oversized tablets.

 

Hermelin also served as an officer of Ethex Corporation, a KV subsidiary that branded and  distributed generic drugs, according to court documents. The government charged that by virtue of his roles at KV and Ethex, Hermelin was a “responsible corporate officer” with the authority and responsibility to prevent and correct FDCA violations at both companies.

 

According to court documents in a related federal case in St. Louis, several months after the oversized drug tablets came to light, FDA conducted an inspection of KV’s facilities and found numerous drug-production problems and potential law violations. In March 2009, the Justice Department filed a civil suit against KV, Ethex and of their several senior executives, including Hermelin, asking the court to have the companies and the executive officers take immediate action to remedy problems. The U.S. District Court in St. Louis issued an order the same month that required the companies and their executives to take prompt remedial action , according to court documents.

 

In another related case, in March 2010, the Justice Department filed criminal charges against Ethex, which pleaded guilty to two felony offenses as a result of its failure to file required reports with the FDA concerning certain oversized drug tablets. Ethex was ordered to pay $28.1 million in fines, forfeitures and restitution, and was placed on probation for five years.

 

“We will hold corporate executives responsible when company profits are pursued at the expense of consumer safety,” said Tony West, Assistant Attorney General for the Justice Department’s Civil Division.

 

“FDA’s drug-labeling laws and regulations are designed to ensure that Americans can safely consume effective drug products,” said Special Agent-in-Charge Patrick Holland, FDA’s Office of Criminal Investigations. “We will continue to work with the U.S. Attorney’s Office and the Department of Justice to investigate those companies and individuals who participate in the distribution of misbranded drugs,” he added. 

 

The Hermelin case was investigated by the FDA’s Office of Criminal Investigations, with assistance from the FBI and the U.S. Postal Inspection Service. The case was prosecuted by the U.S. Attorney’s Office for the Eastern District of Missouri and the Justice Department’s Office of Consumer Litigation. Additional assistance was provided by the FDA’s Office of Chief Counsel. 

WASHINGTON – Richard A. Murdoch of Florida was sentenced today to 30 months in prison for immigration fraud and tax evasion charges related to his role in a scheme to fraudulently procure visas from the U.S. Embassy in London through a Florida property development company called Royal Development.  The sentence was announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Robert E. O’Neill of the Middle District of Florida; Eric J. Boswell, Assistant Secretary of State for Diplomatic Security; and Special Agent in Charge Linda J. Osuna of the Internal Revenue Service (IRS) Criminal Investigation Division. 

 

Murdoch, 54, was sentenced by U.S. District Court Judge Gregory A. Presnell in the Middle District of Florida.  Judge Presnell also ordered Murdoch to pay $2.3 million in restitution, jointly and several with his co-defendants, to United Kingdom visa applicants who were defrauded by Royal Development.  Murdoch was also ordered to pay $189,852 in back taxes and sentenced to three years of supervised release. 

 

On April 7, 2010, Murdoch was indicted with Hugh Morgan, 68, a U.K. national residing in Ontario, Canada, and Christopher A. Barrett, 49, a U.K. national residing in Florida, on one count of conspiracy to commit immigration fraud and four counts of immigration fraud in relation to Royal Development.  The indictment also charged Murdoch with three counts of tax evasion.  Murdoch and Barrett were arrested on April 26, 2010, in Florida and Morgan was arrested on the same day in Ontario in response to a U.S. government extradition request.  All three defendants pleaded guilty on Dec. 10, 2010. 

 

Yesterday, Judge Presnell sentenced Morgan to three months in prison and three years of supervised release.  Today, Judge Presnell sentenced Barrett to one month in prison and two years of supervised release.  Morgan and Barrett are subject to removal from the United States as a result of the convictions. 

 

According to court documents, from approximately June 2003 to November 2006, the defendants conspired to commit immigration fraud through Royal Development, which purportedly sold Florida-based home construction companies to foreign nationals.  The conspirators represented that the purchase of a company would enable foreign nationals to qualify for and obtain either a treaty investor (E-2) visa or intracompany transferee (L-1A) visa.  Along with the sale of the companies, the conspirators generally represented that they would submit the required visa paperwork to U.S. authorities, help the foreign nationals run the company, and help the foreign nationals adjust to life in the United States.  According to court documents, the conspirators required a payment of between $65,000 to $165,000 for the purchase of the company and the visa services.  During the course of this conspiracy, Royal Development obtained more than $2.4 million from the U.K. investors. 

 

According to court documents, Murdoch admitted that he knowingly presented required applications, affidavits and other documents that contained materially false statements to U.S. immigration authorities.  In addition, Murdoch admitted that from approximately June 2003 to April 2006, Murdoch received approximately $536,593 in income from Royal Development for which he should have paid income taxes and that he intentionally failed to file his federal income tax returns for 2003, 2004 and 2005, by the respective due dates, because he was concealing his income from the IRS.  The total tax due and owing on this taxable income to the U.S. government is $189,852.  Murdoch also admitted that he used the taxable income from Royal Development for personal expenses such as hang gliding, cigars, and the purchase of a 1987 Porsche.

 

According to court documents, Morgan and Barrett admitted that they knowingly presented required applications, affidavits and other documents that contained materially false statements to U.S. immigration authorities.  In particular, Morgan and Barrett admitted that they knowingly prepared and submitted fraudulent immigration benefit applications for Barrett as well as Barrett’s adult daughter, enabling both Barrett and his daughter to fraudulently procure L-1A visas and come to and work in the United States. 

 

The case was investigated by the Diplomatic Security Service - Criminal Investigations Division in Washington, D.C., and the IRS-Criminal Investigation Division in Maitland, Fla.  The Fraud Prevention Unit at the U.S. Embassy in London provided significant assistance.  The Diplomatic Security Service - Regional Security Offices in Toronto, Canada, and London, and the Diplomatic Security Service Miami Field Office provided invaluable support.

 

In addition, the government of Canada, including Canadian prosecutors and the Toronto Fugitive Squad, provided significant assistance. The Criminal Division’s Office of International Affairs provided valuable assistance.

 

The case is being prosecuted by Senior Trial Attorney James S. Yoon of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorneys Karen L. Gable and Nicole M. Andrejko of the U.S. Attorney’s Office for the Middle District of Florida. 

WASHINGTON – A Bexar County, Texas, corrections officer was charged today in a two-count federal indictment with violating the civil rights of two detainees, announced the Department of Justice. The charges stem from two incidents – one on Oct. 8, 2007; the other on May 31, 2009 – in which Raymond Quintero, 33, of San Antonio, allegedly assaulted inmates at the Bexar County Detention Center.

 

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

If convicted, the defendant faces maximum penalties of 10 years in prison on each of the civil rights charges.

This case was investigated by Special Agent Mirella Rodriguez of the San Antonio Division of the FBI with assistance from the Bexar County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Bill Baumann of the Western District of Texas and Civil Rights Division Trial Attorney Christopher Lomax.

WASHINGTON – Ora Mae Adamson, a resident of Montgomery County, Ala., was sentenced to 46 months in prison, the Justice Department and the Internal Revenue Service (IRS) announced today.

 

According to court documents, between March 2009 and September 2009, Adamson conspired with others to defraud the United States by filing 158 false federal income tax returns.  As part of the scheme, Adamson and her co-conspirators fraudulently obtained the names and Social Security numbers of individuals.  Adamson would then file false tax returns in these individuals’ names, without their authorization.  The tax returns falsely claimed the first-time homebuyer’s credit and fuel tax credit.  The refunds from the false returns were deposited into bank accounts controlled by Adamson and other co-conspirators. 

 

In all, the conspiracy defrauded the United States of $621,738. One of Adamson’s co-conspirators, Jeffery Ceaser, was sentenced to 36 months in prison on March 2, 2011.  

           

In addition to 46 months in prison, Adamson was also ordered to pay $621,738.41 in restitution to the United States.

 

Ronald A. Cimino, Deputy Assistant Attorney General for the Department of Justice’s Tax Division, and Leura G. Canary, U.S. Attorney for the Middle District of Alabama, commended the IRS special agents who investigated this case and Tax Division Trial Attorneys Jason Poole and Michael Boteler, who prosecuted the case.

 

More information about the Justice Department’s Tax Division and its enforcement efforts is available at www.usdoj.gov/tax/.   Additional information about the Justice Department’s recent efforts to combat fraudulent claims for the first-time homebuyer tax credit is available here

MONTGOMERY, Ala. – Leroy Howard, a resident of Montgomery pleaded guilty to one count of conspiring to defraud the United States, the Justice Department of Justice and Internal Revenue Service (IRS) announced today.

 

Along with four other defendants, Howard was indicted Dec. 14, 2010, by a federal grand jury sitting in Montgomery on a variety of charges stemming from a large-scale tax fraud and identity theft conspiracy based in that city. According to the indictment and other court documents, over a two year period in 2009 and 2010, the conspirators used stolen identities to file millions of dollars in false tax returns that claimed fraudulent refunds. Between January and June of 2010, Howard was responsible for funneling tens of thousands of dollars in fraud proceedsto his co-conspirators. 

           

In January 2010, Howard opened up a bank account into which fraudulent tax refunds were deposited, he withdrew the money and then provided it to co-conspirator Veronica Dale and others.  Howard also received tens of thousands of dollars in checks from Betty Washington, who also helped move fraud proceeds. Howard received a monetary portion of each of these transactions. 

 

Washington pleaded guilty Jan. 5, 2011, to a charge of conspiring to defraud the United States. Her sentencing is set for June 16, 2011. The case against Dale and several other co-conspirators is awaiting trial. 

 

The court did not set a sentencing date.  Howard faces a maximum of 10 years in prison, three years of supervised release, restitution and a maximum fine of $250,000, or twice the loss caused by the offense.

 

IRS-Criminal Investigation agents investigated this case, and Justice Department Tax Division trial attorneys Jason Poole and Michael Boteler are prosecuting the case.

 

More information about the Justice Department’s Tax Division and its enforcement efforts is available at www.usdoj.gov/tax/.

WASHINGTON -- The Attorney General made the following statement today:

 

“Yesterday’s tragic shootings in St. Louis are yet another solemn reminder of the dangers that United States Marshals confront on a daily basis. These brave men and women routinely put their lives on the line in their work to combat crime and gun violence, to apprehend dangerous criminals, and to help bring fugitives to justice. Yesterday’s actions by two Deputy U.S. Marshals and local police officers in St. Louis reflect the dedication and courage that defines America’s law enforcement community.

 

“Less than a month after Deputy U.S. Marshal Derek Hotsinpiller was killed in the line of duty in Elkins, West Virginia, our thoughts and prayers now are with the families of Deputy U.S. Marshal John Perry, who made the ultimate sacrifice, as well as with Deputy U.S. Marshal Theodore Abegg and the St. Louis police officer who were injured yesterday. Their service, their courage, and their willingness to risk their own lives to protect the safety of others will not be forgotten. As we mourn this devastating loss, we also reaffirm that the Justice Department’s commitment to supporting our law enforcement partners – and to ensuring officer safety – will continue to be a top priority.”

WASHINGTON - A State Department contract employee pleaded guilty today to illegally accessing confidential passport application files, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division.

 

Mark Carter, 51, of Upper Marlboro, Md., pleaded guilty to a one-count criminal information charging him with unauthorized computer access.

 

According to information contained in plea documents, Carter worked as a contract employee for the State Department, serving as the network administrator in the Eastern District of Virginia. Carter admitted he had access to official State Department computer databases in the regular course of his employment, including the Passport Information Electronic Records System (PIERS), which contains, among other data, all imaged passport applications dating back to 1994. The imaged passport applications on PIERS contain, among other things, a photograph of the passport applicant as well as certain personal information including the applicant’s full name, date and place of birth, current address, telephone numbers, parent information, spouse’s name and emergency contact information. These confidential files are protected by the Privacy Act of 1974, and access by State Department employees is strictly limited to official government duties.

 

In pleading guilty, Carter admitted that between March 2007 and March 2008, he logged onto the PIERS database and viewed the passport applications of approximately 60 celebrities, musicians, actors, members of the business community, colleagues, a professional athlete, members of his family and other individuals. Carter admitted that he had no official government reason to access and view these passport applications, but that his sole purpose in accessing and viewing these passport applications was idle curiosity.

 

To date, 12 current or former State Department employees or contractors, including Carter, have pleaded guilty in this continuing investigation.

This case is being prosecuted by Trial Attorney Emily Rae Woods of the Criminal Division’s Public Integrity Section. The case is being investigated by the State Department Office of Inspector General.

WASHINGTON – An Ohio man was sentenced to 51 months in prison for setting fire to the First Azusa Apostolic Faith Church of God in Conneaut, Ohio , the Department of Justice announced today. Ronald J. Pudder, 23, of Conneaut, pleaded guilty last year to one count of intentionally damaging, destroying and attempting to destroy religious property because of the race, color, and ethnic characteristics of individuals associated with that property.

“In this nation, one of our most basic rights is the freedom to practice our faith in peace. We will not tolerate acts of violence that attempt to disrupt that right,” said Thomas E. Perez, Assistant Attorney General for Civil Rights. “The Justice Department will aggressively prosecute acts of violence fueled by hate.”

“The defendant in this case meant to send a hateful message that hearkens back to the darkest days of our nation,” said U.S. Attorney for the Northern District of Ohio Steve M. Dettelbach. “But today, standing here, united against hate, we – black, white, Jewish, Muslim and Christian, man and woman, old and young – are sending a stronger message.

According to court documents, Pudder admitted that on May 20, 2010, he set on fire the First Azusa Apostolic Faith Church of God, which is the sole predominantly African-American church in the Conneaut area.

Neighbors called police around 4:45 a.m. after seeing the church in flames. The front door was scorched, but the flames did not penetrate the interior of the church. Investigators later determined the door had been doused with an accelerant, as had other doors on the church, but those did not catch fire.

This case is being prosecuted by Patricia A. Sumner, trial attorney with the Criminal Section of the Civil Rights Division, and Assistant U.S. Attorney James V. Moroney, following an investigation by the Painesville Resident Agency of the Cleveland FBI and the Conneaut Police Department.

WASHINGTON – A Houston bus company was fined $55,000 for violating passenger carrier accessibility requirements under the Americans with Disabilities Act (ADA), announced the Departments of Justice and Transportation.  In addition to the fine, a consent agreement reached with the Federal Motor Carrier Safety Administration (FMCSA) and the Justice Department requires Autobuses Ejecutivos LLC dba Omnibus Express to upgrade its fleet to meet ADA requirements by July 2011 or have its operating authority revoked.

 

An extensive investigation conducted by FMCSA uncovered that Omnibus Express was operating a fleet of 85 leased buses, and none were equipped with wheelchair lifts.  In the past 12 months, the bus company leased 22 new buses that were not accessible to individuals with disabilities.  ADA regulations require that at least 50 percent of a carrier’s buses be accessible, and that all new buses leased or purchased be accessible by individuals with disabilities.

 

“Equal access to transportation is at the cornerstone of autonomous and independent living, and this agreement demonstrates the strong commitment both the Justice Department and the Department of Transportation have to joint enforcement of the requirements that transportation be accessible to all,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division.  “We will continue to vigorously enforce these requirements to ensure individuals with disabilities have equal access as guaranteed by the ADA.”

 

“Every day, thousands of people rely on motorcoaches and other types of commercial passenger buses to travel where they need to go safely and efficiently,” said FMCSA Administrator Anne S. Ferro. “We owe it to the traveling public to make sure commercial buses are safe and accessible for everyone.”  

 

In February 2009, FMCSA and the Justice Department entered into a memorandum of understanding concerning the enforcement of commercial passenger buses. The memorandum between the two agencies was included in the Over-the-Road Bus Transportation Accessibility Act of 2007, and is designed to ensure consistent ADA enforcement nationwide.      

 

More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt .   The consent agreement with Omnibus Express can be found at www.fmcsa.dot.gov/documents/ABOUT/News/Omnibus-ConsentAgreement-508.PDF .