District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Justice Department and Federal Trade Commission Release 2023 Merger GuidelinesRead the Press Release
Today, the Justice Department and the Federal Trade Commission (FTC) jointly issued the 2023 Merger Guidelines, which describe factors and frameworks the agencies utilize when reviewing mergers and acquisitions. The 2023 Merger Guidelines are the culmination of a nearly two-year process of public engagement and reflect modern market realities, advances in economics and law, and the lived experiences of a diverse array of market participants.
“These finalized Guidelines provide transparency into how the Justice Department is protecting the American people from the ways in which unlawful, anticompetitive practices manifest themselves in our modern economy,” said Attorney General Merrick B. Garland. “Since releasing the Draft Merger Guidelines earlier this summer, we have engaged with stakeholders across the country, and the Guidelines are stronger as a result. The Justice Department will continue to vigorously enforce the laws that safeguard competition and protect all Americans.”
“The Guidelines we release today are faithful to the law and reflect how competition plays out in our modern markets,” said Assistant Attorney General Jonathan Kanter of the Justice Department's Antitrust Division. “Ensuring that our merger enforcement protects that competition is our North Star. Competitive markets and economic opportunity for all Americans go hand in hand. We were grateful to hear from authors, nurses, farmers, and other concerned citizens from across the country as we worked to put together the 2023 Merger Guidelines. Their comments were invaluable — and our merger enforcement will be better as a result.”
“Fair, open, competitive markets have been essential to America’s dynamic, thriving economy, and policing unlawful mergers is our front line of defense against harmful corporate consolidation,” said FTC Chair Lina M. Khan. “The 2023 Merger Guidelines reflect the new realities of how firms do business in the modern economy and ensure fidelity to statutory text and precedent. I am grateful for the thousands of comments submitted by American workers, consumers, entrepreneurs, farmers, business owners, and other members of the public. This input directly informed the guidelines and allowed us to pursue this work with a deeper understanding of the real-life stakes of merger enforcement.”
The 2023 Merger Guidelines released today modify the Draft Merger Guidelines, released on July 19, to address comments from the public, including extensive engagement from attorneys, economists, academics, enforcers, and other policymakers at the agencies’ three Merger Guidelines Workshops. They emphasize the dynamic and complex nature of competition ranging from price competition to competition for the terms and conditions of employment, to platform competition. This approach enables the agencies to assess the commercial realities of the United States’ modern economy when making enforcement decisions and ensures that merger enforcement protects competition in all its forms.
The agencies protect competition through enforcement of the antitrust laws and other federal competition statutes. Since 1968, the agencies have issued merger guidelines to enhance transparency and promote awareness of how the agencies undertake merger analysis before deciding whether or not to challenge an acquisition. Over the years, the agencies have worked collaboratively to update the Merger Guidelines periodically to reflect changes in the law and market realities, including in 1982, 1984, 1992, 1997, 2010, and 2020.
The robust process to develop the 2023 Merger Guidelines began in January 2022. The agencies announced an initiative to evaluate possible revisions to the 2010 Horizontal Merger Guidelines and the 2020 Vertical Merger Guidelines and published a Request for Information on Merger Enforcement, which sought public comment on modernizing merger enforcement. The agencies received more than 5,000 comments. Commenters highlighted excessive market consolidation across industries and overwhelmingly urged the agencies to strengthen their approach to merger enforcement. At the agencies’ four listening sessions, business owners, workers, and other advocates similarly highlighted the potential for mergers and acquisitions to undermine open, vibrant, and competitive markets, in industries ranging from food and agriculture to health care.
Informed by this feedback, agency experience and expertise, as well as developments in the market, law, and economics, the agencies drafted and jointly released a proposed version of the 2023 Merger Guidelines for public comment in July 2023 and received more than 30,000 comments reflecting the views of consumers, workers, academics, interest organizations, attorneys, enforcers, and many others across various sectors of the American economy. The agencies also held three Merger Guidelines Workshops to discuss the draft Merger Guidelines. This engagement informed an in-depth revision process culminating in today’s release of the 2023 Merger Guidelines.
Like the prior horizontal and vertical merger guidelines they replace, the 2023 Merger Guidelines are not themselves legally binding, but provide transparency into the agencies’ decision-making process.
The 2023 Merger Guidelines do not predetermine enforcement action by the agencies. Although the Merger Guidelines identify the factors and frameworks the agencies consider when investigating mergers, the agencies’ enforcement decisions will necessarily depend on the facts in any case and will continue to require prosecutorial discretion and judgment.
Justice Department Launches National Law Enforcement Accountability DatabaseRead the Press Release
As directed by Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, the Justice Department today launched the National Law Enforcement Accountability Database (NLEAD), a centralized repository of official records documenting instances of misconduct as well as commendations and awards for federal law enforcement officers. The NLEAD is accessible only to authorized users to help determine suitability and eligibility of candidates for law enforcement positions. As required by the Executive Order, on an annual basis, the Justice Department’s Bureau of Justice Statistics (BJS) will publish a public report containing aggregated and anonymized data to maintain transparency and accountability.
“No law enforcement agency — including the Justice Department — can effectively do its work without the trust of the public,” said Attorney General Merrick B. Garland. “This database will give our law enforcement agencies an important new tool for vetting and hiring officers and agents that will help strengthen our efforts to build and retain that trust.”
“This database will make policing safer and more effective by strengthening trust between law enforcement officers and the communities they serve,” said Deputy Attorney General Lisa O. Monaco. “The Justice Department and law enforcement agencies throughout the federal government are committed to ensuring that the database strengthens hiring practices while protecting the safety, due process rights, and privacy of law enforcement officers.”
“The NLEAD will help ensure that federal hiring officials have the most accurate and important information when making hiring decisions,” said Associate Attorney General Vanita Gupta. “This database, along with our work to expand access to this information at the state and local level, is a significant step forward in increasing transparency and accountability, and in enhancing police-community trust.”
The NLEAD connects all federal law enforcement agencies under one accountability infrastructure. With the NLEAD, law enforcement agency hiring personnel will have more accurate and complete information about misconduct in a job candidate’s past. Agencies can then make more informed hiring decisions, which enhances both accountability and public safety.
As of today, the database includes records for the Department’s law enforcement officers. Pursuant to the Executive Order, by Feb. 16, 2024, other executive branch federal law enforcement agencies will report data for their law enforcement officers to the database. The database will include records of instances of misconduct for current and former federal law enforcement officers that occurred over the past seven years, and the Department will conduct regular periodic compliance reviews to assess data quality. In order to support similar law enforcement officer accountability efforts at the state and local level, the Department has also partnered with the International Association of Directors of Law Enforcement Standards and Training (IADLEST). IADLEST’s National Decertification Index (NDI) is a national registry of law enforcement de-certification and revocation actions relating to officer misconduct that is currently used by all 50 states and D.C. The Department is working with IADLEST to expand the NDI to include additional categories of information required by the Executive Order. The Department is also awarding discretionary grants in a manner that supports and promotes the adoption of the Executive Order’s policies by state and local agencies, including language outlining priority consideration for applicants who use the NDI as part of their hiring and vetting of new officers.
As part of the Justice Department’s ongoing work to improve public safety and advance accountability in law enforcement, the Department has contributed to more than 90 Executive Order steps, including issuing 18 reports and guidance documents, which can be found on the Office of Legal Policy’s webpage. More information can be found on the NLEAD website.
Joint Statement from the Departments of Justice and Homeland Security Assessing the Impact of Foreign Interference During the 2022 U.S. Mid-Term ElectionRead the Press Release
Note: View a copy of the report here.The Department of Justice, including the FBI, and the Department of Homeland Security (DHS), including the Cybersecurity and Infrastructure Security Agency (CISA), released today a report with key findings and recommendations from a classified joint report to the President issued earlier this year on addressing the impact of foreign governments and their agents on the security and integrity of the infrastructure relied upon in the 2022 U.S. federal elections. The declassified report is consistent with CISA’s November 2022 statement on the security of the 2022 mid-term election and reaffirms that the departments found no evidence that any foreign government-affiliated actor compromised the security or integrity of any election infrastructure.
The report was developed pursuant to section 1(b) of Executive Order 13848, Imposing Certain Sanctions in the Event of Foreign Influence in a United States Election (the E.O.), issued on September 12, 2018, and relies upon a classified assessment of the 2022 federal election that was prepared by the Office of the Director of National Intelligence (ODNI), pursuant to section 1(a) of the E.O. The Departments of Justice and Homeland Security release of the declassified 1(b) report follows ODNI’s release of a declassified version of the 1(a) report on Dec. 18, 2023. The section 1(a) report, as required by the E.O., assesses information indicating that a foreign government, or any person acting as an agent of or on behalf of a foreign government, has acted with the intent or purpose of interfering in the 2022 U.S. federal election, but it does not assess the impact of any such efforts on the outcome of the election. In contrast, the section 1(b) report analyzes the extent to which foreign interference targeting election infrastructure or infrastructure of, or pertaining to, political organizations, candidates, or campaigns, materially affected the security or integrity of that infrastructure, the tabulation of votes, or the timely transmission of election results. The section 1(b) report does not address the impact of efforts to sway voters or influence opinion.
While the government detected some foreign government-affiliated and criminal cyber activity targeting election infrastructure, including activity by suspected People’s Republic of China cyber actors and activity claimed by pro-Russian hacktivists, there is no evidence that this activity prevented voting, changed votes, or disrupted the ability to tally votes or to transmit election results in a timely manner; altered any technical aspect of the voting process; or otherwise compromised the integrity of voter registration information or any ballots cast during the 2022 federal elections.
Additional identified activity involved Russian, Iranian, and Chinese government-affiliated cyber actors scanning and, in some instances, accessing political campaign infrastructure, that is, information and communications technology and systems used by, on behalf of, or closely associated with a political organization, campaign, or candidate. However, there is no evidence that any information obtained through such activity was used in any foreign influence operation or was otherwise deployed, modified, or destroyed.
During the 2022 Federal election cycle, federal, state, local, and territorial governments, as well as private sector partners, worked together to improve cybersecurity, partnerships, and public messaging that enhanced the security and resilience of election infrastructure. The section 1(b) report includes recommendations to continue such efforts throughout the 2024 Federal election cycle.
The Department of Justice and the Department of Homeland Security remain committed to continuously strengthening the nation’s cybersecurity, critical infrastructure, supply chain risk management, public-private partnerships, and election literacy to enhance the resiliency of our democratic institutions ahead of the 2024 Federal election cycle.
District Court Enjoins New York and Delaware Companies from Manufacturing and Distributing Adulterated and Misbranded Dietary SupplementsRead the Press Release
A federal court on Dec. 13 enjoined two New York companies, a Delaware company and the companies’ owner from distributing and manufacturing adulterated and misbranded dietary supplements in violation of the Federal Food, Drug and Cosmetic Act (FDCA).
In a civil complaint filed on Dec. 11 in the U.S. District Court for the Eastern District of New York at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that Total Body Nutrition LLC, TBN Labs LLC and Loud Muscle Science LLC (collectively TBN companies) and the companies’ owner, Mohammed Islam, violated the FDCA at the companies’ facility in Hauppauge, New York, and their previous facility in Edgewood, New York, by manufacturing and distributing adulterated and misbranded dietary supplements. The complaint alleged that Islam and the TBN companies violated the FDCA by manufacturing dietary supplements without establishing product specifications for the finished batches and without testing or examining the finished batches to verify that they met product specifications, and by using dietary ingredients in their dietary supplements without first testing or examining the ingredients to verify their identity. The complaint also alleged that the FDA inspected the TBN companies’ current and previous facilities four times, in 2017, 2018, 2021 and 2023, and found violations of the FDCA at each inspection. According to the complaint, FDA also issued Islam and the TBN companies warning letters in 2016, 2017 and 2019.
“Dietary supplement manufacturers and distributors have an important responsibility to ensure product quality and safety,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to work closely with the FDA and take action against manufacturers and distributors who fail to abide by laws designed to protect public health.”
“Consumers trust that dietary supplements they purchase are unadulterated,” said U.S. Attorney Breon Peace for the Eastern District of New York. “My office is working diligently with our partners at the Justice Department’s Consumer Protection Branch and the FDA to ensure that these products are what they purport to be and safe. When they are not, we will take all appropriate action to protect consumers.”
“It is imperative that dietary supplement manufacturers comply with the FDA’s regulatory requirements to help ensure product safety and protect consumers,” said Acting Associate Commissioner Michael C. Rogers, MS, of FDA’s Office of Regulatory Affairs. “When evidence of non-compliance is identified, the agency holds dietary supplement manufacturers responsible. The FDA is dedicated to exercising its full authority under the law to take action against adulterated dietary supplements, as part of our ongoing commitment to protect the health of U.S. consumers.”
Islam and the TBN companies agreed to settle the suit and be bound by a consent decree of permanent injunction. The negotiated consent decree entered by the court permanently enjoins Islam and the TBN companies from violating the FDCA, and requires, among other things, that Islam and the TBN companies comply with the dietary supplement current good manufacturing practice regulations and the dietary supplement labeling provisions of the FDCA and its implementing regulations. Further, Islam and the TBN companies must destroy all of their adulterated dietary supplements.
Trial Attorney Kimberly R. Stephens of the Civil Division’s Consumer Protection Branch is handling the case with the assistance of Assistant U.S. Attorney Michael Blume for the Eastern District of New York and Associate Chief Counsel Roselle Oberstein of the FDA’s Office of the Chief Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.
The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.
Consent DecreeBureau of Motor Vehicle Chief and PRC Citizen Sentenced to Federal Prison for CNMI Driver’s License Fraud SchemeRead the Press Release
Saipan – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendants, Juana Cabrera Leon Guerrero, a U.S. citizen and resident of the Commonwealth of the Northern Mariana Islands (CNMI), and Yongde Li, a citizen from the People’s Republic of China (PRC), were sentenced in the United States District Court for the Northern Mariana Islands for their roles in a driver licensing fraud scheme at the CNMI Bureau of Motor Vehicles (BMV).
Juana Cabrera Leon Guerrero (age 58) – convicted of Conspiracy to Produce an Identification Document, in violation of 18 U.S.C. § 1028(a)(1), was sentenced to 60 months incarceration, ordered to pay a $15,000 fine and $100 special assessment fee, and serve three years of supervised release following imprisonment.
Yongde Li aka “Ivan” (age 50) – convicted of Conspiracy to Produce an Identification Document, in violation of 18 U.S.C. § 1028(a)(1), and Conspiracy to Commit Bank Fraud, in violation of 18 U.S.C. §§ 1349 & 1344, was sentenced to 10 months incarceration, ordered to pay $200 in special assessment fees, complete 50 hours of community service in lieu of a fine, and serve five years of supervised release following imprisonment.
In December 2022, the Federal Bureau of Investigation (FBI) executed a search warrant at the headquarters of the CNMI Department of Public Safety (DPS) and the BMV while investigating a scheme to unlawfully produce driver licenses. The criminal conduct involved foreign nationals, who lacked lawful immigration status, paying a “street broker” up to $1,700 for a new license and $300 for a renewal.
CNMI law requires proof of U.S. citizenship or valid immigration status before the issuance of a driver license. Street brokers used fraudulently manufactured immigration documents, submitted to the BMV, to enable foreign nationals without immigration status to acquire licenses. As Chief of the BMV, Leon Guerrero knowingly permitted Ivan to submit these applications, with fraudulent immigration documents, on at least 50 occasions between January 2020 and December 2022. No other documentation or testing was included. Leon Guerrero also directed at least five BMV employees to unlawfully assist Ivan in acquiring these licenses.
In exchange for her cooperation with Ivan, Leon Guerrero accepted $500 cash payments from Ivan and others for these illegal transactions. Ivan also treated Leon Guerrero and other complicit BMV staff members to meals and free taxi services.
“This scheme created a substantial risk to public safety,” stated United States Attorney Shawn N. Anderson. “Licensing requirements help reduce the risk of harm to other drivers and pedestrians on our roadways. We expect a higher standard of conduct from public officials. This case sends a strong message of accountability.”
"The FBI will not condone government workers who use their position of trust for their own ill-gotten gains," said FBI Special Agent in Charge Steven Merrill. "This sentence should serve as a warning to others that the FBI will investigate these types of cases to the fullest extent of the law."
The case was investigated by the Federal Bureau of Investigation and prosecuted by Albert S. Flores, Jr., Assistant United States Attorney in the District of the Northern Mariana Islands.
Antitrust AAG Kanter Statement After Adobe and Figma Abandon MergerRead the Press Release
Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division issued the following statement after Adobe Inc. abandoned its proposed acquisition of Figma Inc.:
“The Antitrust Division remains committed to protecting competition in technology markets. The decision to abandon this acquisition ensures that designers, creators, and consumers continue to get the benefit of the rivalry between the two companies going forward. I am grateful for the tireless efforts of our talented staff of lawyers, economists, paralegals, and others at the Antitrust Division who conducted a thorough investigation of this proposed merger and do such a tremendous job safeguarding competition.”
South Lake Tahoe CEO Pleads Guilty to Employment Tax CrimesRead the Press Release
A California man pleaded guilty yesterday to willfully failing to pay employment tax withholdings to the IRS.
According to court documents and statements made in court, in 2016 and 2017, Robert Hienekamp was the chief executive officer of Endowance Solutions Inc., a software consulting and development company located in the South Lake Tahoe, California, area. During each of those years, Endowance Solutions withheld income, Social Security and Medicare taxes from its employees’ wages. Hienekamp did not file the legally-required quarterly employment tax returns or pay the withholdings to the IRS, despite knowing of his obligation to do so. In total, Hienekamp caused a tax loss of over $800,000.
Hienekamp is scheduled to be sentenced on June 27, 2024, and faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Ismail J. Ramsey for the Northern District of California made the announcement.
IRS Criminal Investigation is investigating the case.
Trial Attorney Mahana Weidler of the Tax Division and Assistant U.S. Attorney Michael Lagrama for the Northern District of California are prosecuting the case.
Justice Department Files False Claims Act Complaint Against Insect Shield LLC and Its FounderRead the Press Release
The Justice Department has filed a complaint under the False Claims Act against Insect Shield LLC for allegedly causing the submission of false claims to the Department of Defense (DoD) under contracts to provide Army Combat Uniforms. The government has also brought claims against the Estate of Richard Lane, who was the founder, majority owner and chief operating officer of Insect Shield until his death in December 2022.
According to the United States’ complaint, several manufacturers of Army Combat Uniforms subcontracted with Insect Shield to apply permethrin, an insect-repellant, to Army uniforms and to conduct contractually-required testing to ensure that the level of permethrin it applied to the uniforms fell within the limits specified in the contracts. The complaint alleges that Insect Shield and Lane falsified the results of its permethrin testing to conceal failing test results, including by inappropriately combining results from different rounds of testing, re-labeling test samples to hide the true origin of the samples and performing re-tests of uniforms in excess of what the contract permitted.
“Government contractors and subcontractors must provide the services for which they were paid, including by performing required testing activities,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will pursue those who seek to defraud the American taxpayers by misrepresenting their compliance with contractual commitments.”
“I am thankful that we are able to hold accountable those who would defraud the government,” said U.S. Attorney Sandra Hairston for the Middle District of North Carolina. “This case demonstrates that we will continue to protect the use of taxpayer dollars and ensure that companies who provide services to the military don’t cut corners.”
“Businesses that have been contracted by the U.S. Army must comply with all their obligations and testing procedures to meet the high standards we demand,” said Special Agent in Charge Andrew Johnson of the Department of the Army Criminal Investigation Division’s (Army CID), Fraud Field Office. “Army CID is thankful for the collaborative efforts from all the agencies involved. This is a testament to our commitment of working together and holding those accountable who fail to properly test items that our men and women in uniform depend upon to keep them safe while serving their country.”
"Contractors must fulfill their obligations in an open and fair manner," said Director Terri Dilly of the Defense Contract Audit Agency (DCAA). "We are proud to have partnered with the investigative team in providing audit expertise to this case."
"The Defense Criminal Investigative Service (DCIS) is fully committed to protecting the DoD procurement process to ensure military readiness," said Special Agent in Charge Christopher Dillard for DCIS Mid-Atlantic Field Office. “DCIS will continue to work with our law enforcement partners and the Justice Department to investigate DoD contractors that fail to perform required testing and accurately report results.”
This lawsuit was originally brought by Emelia Downs, a former employee of Insect Shield, under the qui tam or whistleblower provisions of the False Claims Act. Those provisions permit private parties to sue for false claims against the United States and to receive a share of any recovery. The Act permits the United States to intervene in such lawsuits, as the United States has done in this case. The lawsuit was filed in the U.S. District Court for the Middle District of North Carolina and is captioned United States ex rel. Downs v. Insect Shield, LLC et al., No. 1:19-CV-1026.
This matter is being handled by the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of North Carolina. Investigative support is being provided by the DoD Office of Inspector General, Army CID and the DCAA.
Fraud Section Trial Attorney Jonathan Hoerner and Assistant U.S. Attorney Cassie Crawford for the Middle District of North Carolina handled this case.
The claims in the complaint are allegations only, and there has been no determination of liability.
Justice Department Announces Crackdown on Networks That Steal Money from Consumer Accounts and Use Fraudulent “Microtransactions” to Hide the Activity from BanksRead the Press Release
The Justice Department announced today a collection of cases against fraud networks that steal money from consumers and use deceptive tactics to conceal illicit activity from financial institutions, thereby allowing that illicit activity to continue. The cases include two civil actions unsealed in the past week seeking temporary restraining orders and the appointment of receivers to stop defendants from dissipating assets.
The civil cases announced today form part of a larger crackdown by the department’s Consumer Protection Branch designed to halt networks of fraudsters that use misrepresentations or unauthorized charges to steal money from consumers’ financial accounts. Fraudsters and their accomplices often hide these unauthorized charges using so-called “microtransactions” or “microdebits,” which group the unauthorized charges with a large number of low-value, straw transactions to lower the fraudster’s chargeback rate. A chargeback is a transaction that is refused or reversed by an account holder’s bank. Because a high chargeback rate can lead to account scrutiny or closure, using microtransactions to artificially reduce the chargeback rate masks the underlying fraud scheme.
“These cases mark an important step in the department’s efforts to halt schemes that prey upon individuals and small businesses across the United States,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to using all of the tools at its disposal to prevent fraudsters from reaching into victims’ bank accounts and stealing their hard-earned savings.”
“The great work by postal inspectors in these investigations uncovered far-reaching fraud schemes, and millions of dollars in loss to victims across the country,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group. “The U.S. Postal Inspection Service is committed to protecting American consumers and small businesses from falling victim to these types of fraud schemes.”
United States v. Altitude Processing, Inc., et al.
In a case unsealed by the U.S. District Court for the Southern District of Florida on Dec. 11, the Justice Department alleges that a network of fraudsters, including defendants Farhan Khan of Quebec, Canada, Jeremy Todd Briley of Tallulah, Louisiana, Christopher Foufas of Key Biscayne, Florida, Brandon Hahn of Saint Cloud, Florida, and Melinda Petit-Homme of Margate, Florida, stole millions of dollars from consumers and small businesses by making recurring unauthorized charges against their bank accounts. The fraudsters used sham companies, including Altitude Processing Inc., which does business as Clear Marketing Agency, to cover their tracks and make the unauthorized charges appear legitimate.
The defendants allegedly took elaborate steps to portray the sham companies as legitimate businesses that provided online marketing services, creating bogus websites for the sham companies, fake customer authorizations for the charges and a “customer service” call center to field complaints and offer refunds. In reality, victims of the scheme never signed up for – or received – any services from the fraudsters. The complaint further alleges that some of the defendants used numerous sham microtransactions so that banks would not detect large numbers of chargebacks for unauthorized debits. After the government filed its case, the court entered a temporary restraining order enjoining the defendants from making unauthorized debits from consumers’ bank accounts. The government also successfully petitioned for the appointment of a receiver to stop defendants from dissipating assets obtained through the fraud scheme.
United States v. CB Surety, LLC, et al.
In a case unsealed by the U.S. District Court for the Eastern District of California on Dec. 12, the Justice Department alleges that a network of fraudsters, including defendants Thomas Eide of South Lake Tahoe, California, Travis Smith of Dallas, Aric Gastwirth of Las Vegas, Stephen Christopher of Poway, California, and Bryan Bass, a resident of India, through various business entities that they owned and operated, processed payments for clients that made unauthorized charges to consumers’ accounts and engaged in a variety of other illegal activities, including technical support scams.
“This case marks a significant step in halting fraud schemes that reap financial gain by scamming consumers and making misrepresentations to financial institutions,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “It also sends a clear signal that we have used, and will continue to use, all means at our disposal to protect citizens from such schemes to defraud.”
According to the allegations in the complaint, the defendants gained access to the banking system by creating sham entities to disguise the true activities of their clients and create the appearance that they were engaged in lawful businesses like selling handbags or electric scooters. The defendants allegedly recruited straw owners for the sham entities and outfitted them with phony addresses, websites and customer service lines. The defendants also used sham microtransactions to reduce the number of chargebacks and evade scrutiny from banks. After the government filed its case, the court entered a temporary restraining order enjoining the defendants from continuing to operate the scheme. The government also successfully petitioned for the appointment of a receiver to stop defendants from dissipating assets obtained through the fraud scheme.
The Consumer Protection Branch’s crackdown on cases involving unauthorized charges and microtransactions also includes several criminal cases recently announced. In a case announced two weeks ago, a California businessman was charged with access device fraud and aggravated identity theft for running thousands of unauthorized charges on the credit cards of his former customers. In another case, 14 defendants were charged in a RICO conspiracy indictment in the Central District of California alleging that defendants and associates debited consumers’ bank accounts without authorization and used shell entities and microtransactions to conceal the activity from banks. A co-conspirator pled guilty to bank fraud conspiracy in Las Vegas and was sentenced to 42 months in prison. In a related civil case, the department secured injunctive relief against and settlements totaling nearly $5 million with various persons, including several who are charged in the criminal indictment.
In other cases charging similar schemes, two individuals were charged in the Northern District of Illinois for allegedly deceiving banks, including through the use of microtransactions, in order to open and maintain bank accounts and to allow for the processing of tens of millions of dollars of checks that were purportedly authorized by consumers, but in fact were not. A Nevada man has also pleaded guilty to partnering with foreign telemarketers to use fraudulent checks to steal money from victims’ bank accounts.
USPIS is conducting the investigations, along with (for some matters) the Federal Deposit Insurance Corporation Office of Inspector General.
In the Altitude Processing case, the government is represented by Trial Attorneys Carolyn Rice and Meredith Reiter and Assistant Director Rachael Doud of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney James Weinkle for the Southern District of Florida. In the CB Surety case, the government is represented by Trial Attorneys Andrew Crawford and Francisco Unger and Assistant Director Rachael Doud of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Tara Amin for the Eastern District of California.
For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch.
Executives Charged with Bid Rigging, Territorial Allocation and Defrauding the U.S. Forest Service After a Wiretap InvestigationRead the Press Release
Following a court-authorized wiretap investigation, a federal grand jury in Boise, Idaho, returned an indictment this week charging two executives of competing companies with conspiring to rig bids and allocate territories in violation of the Sherman Act, conspiring to commit wire fraud and committing wire fraud.
According to the seven-count felony indictment, Ike Tomlinson and Kris Bird’s conspiracy affected contracts for forest-firefighting services. As alleged, the U.S. Forest Service runs a competitive bidding process for these contracts to ensure taxpayer dollars are spent efficiently. The indictment alleges that from at least in or about February 2014, up to and including in or about March, the defendants coordinated their bids to “squeeze” and “drown” competitors; accepted payment for fuel trucks at collusive and noncompetitive daily rates; and tried to conceal their actions.
This investigation was conducted by the department’s Procurement Collusion Strike Force (PCSF), which included FBI agents, with judicial authorization, intercepting phone calls between the defendants. As alleged, Tomlinson and Bird spoke with one another shortly before the deadline to submit bids on fuel truck contracts. During calls quoted in the indictment, they allegedly agreed to rig bids, allocate territories and target competitors.
A violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals and a maximum penalty of a $100 million fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than the maximum. A violation of the wire fraud statute carries a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Antitrust Division’s San Francisco Office, U.S. Attorney’s Office for the District of Idaho and FBI Salt Lake City Field Office, Boise Resident Agency are investigating the case.
Trial Attorney Matthew Chou and Assistant Chief Christopher J. Carlberg of the Antitrust Division’s San Francisco Office and Assistant U.S. Attorney Sean M. Mazorol for the District of Idaho are prosecuting the case.
In November 2019, the Justice Department created the PCSF, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. To learn more about the PCSF, or to report information on bid rigging, price fixing, market allocation and other anticompetitive conduct related to government spending, go to www.justice.gov/procurement-collusion-strike-force. Anyone with information in connection with this investigation can contact the PCSF at the link listed above.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Owner of Maryland Paving and Construction Company Sentenced to Prison for Tax EvasionRead the Press Release
A Maryland man was sentenced today to 13 months in prison for evading his federal income taxes.
According to court documents and statements made in court, Jerry Lee Redman, of Severn, siphoned money from his own paving and construction business, Redman Services Inc. (RSI), in the form of weekly cash withdrawals that he then used to pay for personal expenses, including alcohol and gambling. Redman did not report these cash withdrawals as income on his personal tax returns for the years 2014 through 2018. He also caused some of these cash withdrawals to be falsely deducted as business expenses on RSI’s corporate tax returns. During these same years, Redman directed some of RSI’s clients to write checks payable directly to Redman instead of RSI and deposited the checks into his personal bank account. As a result, these checks were not reported as income on RSI’s corporate returns. In total, Redman’s scheme caused a tax loss to the IRS of over $660,000.
In addition to the term of imprisonment, U.S. District Judge Julie Rubin for the District of Maryland ordered Redman to serve one year of supervised release and to pay $894,338.04 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS Criminal Investigation investigated the case.
Trial Attorneys Melissa S. Siskind and Christina M. Grimes of the Tax Division prosecuted the case.
Man Charged for Torturing PrisonersRead the Press Release
A Tennessee man was arraigned today on charges that he tortured prisoners during the armed conflict in Bosnia and Herzegovina in the 1990s.
According to a superseding indictment returned on Dec. 6, Sead Miljković, aka Sead Dukic, 51, of Chattanooga, was allegedly a member of the Obezbjeđenje objekata i lica (OBL), a police force of the so-called Autonomous Province of Western Bosnia (APZB). The OBL was responsible for guarding APZB headquarters at the Old Fort, a castle overlooking the town of Velika Kladuša, Bosnia and Herzegovina. Between December 1994 and August 1995, soldiers of the former Army of Bosnia and Herzegovina who had been captured in fighting against APZB armed forces were transported from detention camps to perform forced labor at the Old Fort under Miljković’s and other OBL members’ supervision and control.
“Sead Miljković allegedly tortured prisoners and then decades later lied about his identity to obtain a U.S. passport,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Neither the passage of time nor a defendant’s concealment efforts will prevent us from bringing human rights violators to justice and ensuring that perpetrators of torture cannot seek refuge in the United States.”
“The superseding indictment’s torture charges are serious human rights abuses that cannot go unpunished,” said U.S. Attorney Francis M. Hamilton III for the Eastern District of Tennessee. “We thank our investigative partners on this case for their outstanding efforts to gather evidence required for these charges.”
Miljković and other OBL members allegedly inflicted severe and sustained beatings on the prisoners, using a metal pipe, rifle butt, and shovel handle, causing the victims to lose consciousness or suffer other injuries. Miljković and other OBL members also allegedly threatened prisoners with death, intentionally withheld water even while forcing the prisoners to perform hard physical labor, forced the prisoners to fight one another, and pushed one victim’s head down on a knife or bayonet as if to impale his throat on the blade.
“Homeland Security Investigations (HSI) is resolute in its commitment to protecting human rights and the pursuit of justice,” said Special Agent in Charge Rana Saoud of HSI Nashville. “The United States in not a safe haven for war criminals and human rights violators. Thanks to the dedication of our HSI Chattanooga special agents, Miljković will now have to answer these allegations in court.”
Miljković is charged with three counts of inflicting torture on prisoners under his supervision. In June, Miljković was charged in a three-count indictment with passport fraud for allegedly making false statements relating to his true name and date of birth. If convicted, he faces a maximum penalty of 20 years in prison on each count.
HSI Chattanooga investigated the case, with support from HSI Vienna, HSI Newark, and HSI’s Human Rights Violators and War Crimes Center, and assistance from the Department of State’s Diplomatic Security Service Houston Field Office, Chattanooga Police Department Special Victims Unit, Hamilton County Sheriff’s Office, and Tennessee Highway Patrol. The Justice Department thanks the Ministry of Justice of Bosnia and Herzegovina and the United Nations International Residual Mechanism for Criminal Tribunals, which were instrumental in furthering the investigation.
Trial Attorneys Elizabeth Nielsen and Chelsea Schinnour of the Criminal Division’s Human Rights and Special Prosecution Section (HRSP) and Assistant U.S. Attorney Jay Woods for the Eastern District of Tennessee are prosecuting the case, with assistance from HSRP historians. The Justice Department’s Office of International Affairs also provided assistance.
Members of the public who have information about human rights violators in the United States are urged to contact U.S. law enforcement through the HSI tip line at 1-866-DHS-2-ICE or through the ICE online tip form at www.ice.gov/webform/ice-tip-form.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Man Charged for $60M Health Care Fraud and Kickback SchemeRead the Press Release
A federal grand jury in Miami returned an indictment yesterday charging a Texas man for his alleged role in a $60 million health care fraud, wire fraud, and kickback scheme involving the submission of false and fraudulent claims to Medicare for medically unnecessary durable medical equipment (DME), genetic tests, and foot bath medications.
According to court documents, Robert Leon Smith III, 48, of Archer City, owned and/or operated a network of DME companies in Florida, Texas, and Maryland through which he allegedly billed Medicare for medically unnecessary orthotic braces that were ineligible for Medicare reimbursement. Smith also allegedly referred doctors’ orders for medically unnecessary orthotic braces, genetic tests, and foot bath medications to other DME suppliers, pharmacies, and laboratories in exchange for kickbacks and bribes.
Smith allegedly paid kickbacks and bribes to offshore call centers operated by his co-conspirators to obtain Medicare beneficiary information and falsified doctors’ orders. The offshore call centers allegedly used deceptive tactics to pressure Medicare beneficiaries to accept the orthotic braces, genetic tests, and foot bath medications. Smith and his co-conspirators allegedly paid kickbacks and bribes to the offshore call centers in exchange for the Medicare beneficiary information, sometimes together with a forged doctor’s order. Smith also allegedly paid kickbacks and bribes to purported telemedicine companies in exchange for doctors’ orders signed by telemedicine practitioners who did not examine or treat the Medicare beneficiary. Smith allegedly used some of the doctors’ orders he acquired as a result of the payment of kickbacks and bribes to bill Medicare through his own network of DME companies, and also referred doctors’ orders to other DME suppliers, pharmacies, and labs in exchange for kickbacks and bribes.
Smith is charged with one count of conspiracy to commit health care fraud and wire fraud, four counts of health care fraud, one count of conspiracy to defraud the United States and to pay and receive health care kickbacks, and two counts of solicitation and receipt of health care kickbacks. If convicted, he faces a maximum penalty of 20 years in prison on each conspiracy to commit health care fraud and wire fraud count, a maximum penalty of 10 years in prison for each health care fraud and anti-kickback violations count, and a maximum penalty of five years in prison on each conspiracy to defraud the United States and to pay and receive kickbacks count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division, and Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
The FBI Miami Field Office and HHS-OIG are investigating the case.
Trial Attorney Andrea Savdie of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
District Court Enjoins Massachusetts Pharmaceutical Manufacturer from Making and Selling Adulterated DrugsRead the Press Release
A federal court yesterday enjoined a Massachusetts company from manufacturing and distributing adulterated drugs in violation of the Federal Food, Drug and Cosmetic Act (FDCA).
In a complaint filed on Nov. 17, the United States alleged that Pharmasol Corporation and its president, Marc L. Badia, violated the FDCA at the company’s facility in South Easton, Massachusetts, by manufacturing and distributing adulterated drugs. Pharmasol manufactured and processed prescription and over-the-counter drugs, including Lexette, which is used to treat itching, redness and swelling of skin, and Dexamethasone, which is used to relieve arthritis inflammation. The United States alleged that the company violated the FDCA by failing to notify its customers about defects in its finished products, failing to establish a complaint procedure or corrective action plan despite receiving, within a 12-month period, 533 customer complaints relating to defects in its drug products, and failing to adequately clean and maintain its equipment. According to the complaint, the Food and Drug Administration (FDA) inspected Pharmasol in 2018, 2021 and 2022, and issued the company several warnings, including a warning letter in 2019, regarding its alleged violations. The United States alleged that many of the violations FDA identified in 2022 were repeat violations identified in earlier inspections.
The current good manufacturing practice regulations for drugs mandate that manufacturers control the processes and procedures by which their drugs are manufactured, processed, packed and held, to ensure that the drugs have the identity, strength, quality, purity and other attributes necessary for their safe and effective use. Drugs not made in conformance with current good manufacturing practice regulations are adulterated and in violation of the law.
“Drug manufacturers have a responsibility to comply with requirements designed to ensure drug quality and safety,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to work closely with the FDA and take action against manufacturers who fail to meet this responsibility.”
“When drug manufacturers violate the law and disregard safety standards, they put consumers at significant risk. In this case, the defendant’s company distributed adulterated, poor-quality drugs without regard for patients and consumers,” said Director Jill Furman of the in FDA’s Center for Drug Evaluation and Research's Office of Compliance. “The FDA plays an important role in protecting consumers, and we will continue to work with our federal partners to pursue and bring into compliance those who do not prioritize the health and safety of the American public.”
The company and its president agreed to settle the suit and be bound by a consent decree of permanent injunction. The negotiated consent decree entered by the court permanently enjoins the defendants from violating the FDCA, and requires, among other things, that they stop manufacturing, processing, labeling, holding or distributing adulterated drugs. Further, the company must recall all adulterated prescription drugs that the company manufactured or distributed on or after Feb. 10, 2022.
The government was represented by Senior Litigation Counsel Christina Parascandola of the Civil Division’s Consumer Protection Branch, with the assistance of Margo Badawy of the FDA’s Office of Chief Counsel. The U.S. Attorney’s Office for the District of Massachusetts also provided assistance.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.
The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.
Consent DecreeAttorney General Merrick B. Garland Statement on the Planned Departure of Associate Attorney General Vanita GuptaRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland on the planned departure of Associate Attorney General Vanita Gupta at the start of February:
“I am deeply grateful to Vanita for her extraordinary service as Associate Attorney General. Vanita’s commitment to the pursuit of justice, and her relentless focus on bringing people together to find common ground, has made her an incredibly effective leader in dealing with some of the most complex challenges facing the American people. She has distinguished herself as the kind of leader who is also a partner to the career and non-career employees who work for her, to the stakeholders the Department works with, and to the public we all work for.
As a trusted advisor and key member of the Department’s leadership team charged with overseeing all of our civil litigating components and grantmaking entities, Vanita has played an essential role in our work to fulfill DOJ’s mission to uphold the rule of law, keep our country safe, and protect civil rights. Among her many accomplishments during her tenure, Vanita stood up and has led the Department’s Reproductive Rights Taskforce to defend the reproductive freedoms that are protected by federal law. She has played an integral role in our efforts to combat violent crime and gun violence and to support the victims of crime. She has facilitated the Department’s efforts to advance a criminal justice system that keeps people safe and reflects our values. And across the components under her leadership — from the Antitrust Division to the Environment and Natural Resources Division — she has prioritized work that centers its impact on people.
We at the Justice Department will dearly miss our colleague and friend, but I am confident that her enormous contributions to the Department will continue to be felt long after her departure.”
Justice Department Publishes Model Legislation to Help States Reduce Gun Violence and Improve Gun SafetyRead the Press Release
The Justice Department published two pieces of model legislation for states to consider to help address the continuing epidemic of gun violence affecting communities across the country. The model legislation is drawn from commonsense gun-safety statutes already on the books in a broad cross-section of states.
First, the Department published model legislation to help states craft appropriate requirements for securing firearms kept in residences and vehicles and to ensure that those firearms do not fall into the hands of children, teens, and prohibited persons. Second, the Department published model legislation to help states craft appropriate requirements for the prompt reporting of lost or stolen firearms to law enforcement. The resources for states announced today follow model legislation on extreme risk protection orders first published by the Justice Department in June 2021.
“Whether stolen from lawful gun owners or found by children and teens, unsecured firearms are responsible for thousands of injuries and deaths across our country each year,” said Deputy Attorney General Lisa O. Monaco. “We cannot resign ourselves to losing our neighbors, our loved ones — even our children — to misuse of firearms that could have been kept safely out of reach. The model legislation announced today provides states with new tools to improve the safety of legally-owned firearms and reduce the tragic toll of gun violence in our communities.”
Empirical evidence shows that the secure storage of firearms saves lives. Keeping firearms and ammunition locked has been associated with a lower risk of firearm injuries for children and teens in homes where guns are stored. Safe storage protects both minors and adults by preventing unintentional shootings and decreasing the risk of gun suicides, gun thefts, and criminal discharges of firearms. Based on similar laws already on the books in over a dozen states, the model secure-storage legislation will help additional states craft laws to reduce the risks associated with unattended firearms.
Every year, thousands of firearms are lost or stolen out of vehicles, businesses, and private homes. The timely reporting of lost and stolen firearms allows police to develop investigative leads and identify patterns that might indicate the involvement of illicit firearms traffickers. Based on similar laws already in effect across 15 states and D.C., the model theft/loss-reporting legislation will help additional states craft laws to ensure prompt and responsible engagement with local law enforcement.
These model bills provide a framework that will help more states enact sensible gun-safety laws. Both pieces of model legislation are accompanied by detailed commentary that will make it easier for states to assess various policy options and select appropriate requirements, notices, and penalties. The Justice Department encourages states to consider adopting their own versions of this model legislation to ensure safer communities across the country.
The model legislation on secure firearm storage is available here. The model legislation on reporting lost and stolen firearms is available here.
Justice Department Announces Funding Opportunities to Support Public Safety in Tribal CommunitiesRead the Press Release
The Justice Department today announced the opening of the 2024 Coordinated Tribal Assistance Solicitation (CTAS) period for comprehensive funding to American Indian and Alaska Native Tribes. CTAS funding supports crime prevention activities, victim services and coordinated community responses to violence in Indian Country.
Administered by the department’s Office of Justice Programs (OJP) and Office of Community Oriented Policing Services (COPS), the solicitation includes guidance on how federally recognized Tribal governments and Tribal consortia can apply for funding to aid in the development of a comprehensive and coordinated approach to public safety and victimization.
“The Office of Justice Programs is committed to working with Tribes and Tribal communities to provide a wide array of services and supports to help keep their communities safe,” said Assistant Attorney General Amy L. Solomon of OJP. “Our grants provide funding to Tribes for their juvenile justice and criminal justice systems, including providing support to victims and families, helping to strengthen Tribal court systems and enabling tribes to develop, expand or strengthen approaches along the juvenile justice continuum.”
The funding from OJP’s Bureau of Justice Assistance, Office of Juvenile Justice and Delinquency Prevention and Office for Victims of Crime, along with funding from the COPS Office, can be used for a range of public safety and justice-related projects and services. These include enhancing law enforcement, advancing fair and effective adult and juvenile justice systems and reducing juvenile delinquency and improving youth outcomes. In addition, the grants serve American Indian and Alaska Native victims of child abuse, sexual assault, domestic violence and elder abuse.
“The COPS Office is well aware of the vital role Tribal law enforcement plays in ensuring the safety and well-being of our Native American communities,” said Director Hugh T. Clements Jr. of the COPS Office. “Our commitment to providing them with the resources they need — including officers, equipment and training — is unwavering. By investing in the capabilities of Tribal law enforcement, we strengthen the fabric of justice that spans across state, local, Tribal, and territorial jurisdictions.”
In FY 2023, the department awarded 182 CTAS grants, amounting to more than $96 million in CTAS funding to 111 Tribes and Tribal consortia across the United States.
The grants.gov application deadline for CTAS is March 5, 2024, at 8:59 p.m. ET, and the JustGrants deadline is March 12, 2024, at 8:59 p.m. ET.
The department will also facilitate a series of webinars to guide applicants through the application process. Details, including how to register for these webinars, will be made available online in the coming weeks here.
Former Chicago-Area Return Preparer Sentenced to Prison for Filing False Tax ReturnsRead the Press Release
A former Illinois woman was sentenced today to 14 months in prison for willfully preparing false tax returns on behalf of her clients.
According to court documents and statements made in court, Erica Early, formerly of Robins and Richton Park, Illinois, operated a tax preparation business for clients located in Illinois, Wisconsin and Indiana, and often charged $1,000 to prepare basic, uncomplicated tax returns. Early falsely inflated her clients’ income to maximize the Earned Income Tax Credit and falsely claimed education-related credits on their behalf. Early, who was a U.S. Postal Service employee during some of the time she was engaged in preparing the false returns, also falsified her own tax returns, claiming education credits she knew she was not eligible to receive.
Early concealed her scheme by preparing clients’ returns as a “ghost preparer,” marking them as self-prepared instead of identifying herself as the paid preparer. Initially, Early directed her fees and client refunds to her personal bank account that was then closed by the bank after detecting fraudulent activity. Early then began requiring her clients to obtain prepaid debit cards in their names that Early would use to deposit her clients’ refunds as well as receive her preparation fee, avoiding the use of traditional banks.
In addition to the term of imprisonment, U.S. District Judge Elaine E. Bucklo for the Northern District of Illinois ordered Early to serve one year of supervised release and to pay $515,990 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS Criminal Investigation investigated the case.
Assistant Chief Matthew J. Kluge and Trial Attorney Boris Bourget of the Tax Division prosecuted the case.
Associate Attorney General Vanita Gupta Statement on Supreme Court’s Order Granting Certiorari to Review the Fifth Circuit Decision in Alliance for Hippocratic MedicineRead the Press Release
The Justice Department issued the following statement from Associate Attorney General Vanita Gupta following the Supreme Court’s order granting certiorari to review the Fifth Circuit’s decision in Alliance for Hippocratic Medicine:
“We are glad that the Supreme Court has agreed to hear this important case. While the litigation continues, the stay the Court entered earlier this year means that mifepristone will remain available under the conditions approved by the FDA based on its expert scientific judgment. The Justice Department will not cease its efforts to defend the FDA’s authorities and expertise in this area.”
법무부의 법률집행 언어접근 발의안 관련 가상회의 개요Read the Press Release
오늘 민권국은 법무부의 법률집행 언어 접근 발의안의 일환으로 법률집행 관계자들과 가상회의를 소집하여 치안 유지시 부딪히는 언어 장벽의 해소와 효과적인 언어 접근 프로그램을 구축하기 위한 그들의 노력에 대해 논의하였습니다.
2022년 12월에 출시된 이 발의안은 법률집행 기관이 영어 구사 능력에 한계(LEP)가 있는 개개인들에게 의미있는 언어 지원을 제공해야 할 의무를 충족시켜 지역 사회를 더욱더 봉사하고 보호할 수 있도록 지원하는 전국적인 노력의 결과입니다. 또한 이 발의안은 1964년 민권법 제6장 (Title VI)과 옴니버스 범죄 통제 및 거리 안전법에 따라 연방 재정 지원을 받는 법률집행 기관의 연방 차별금지 의무화를 준수토록 하기 위한 본 부서의 오래된 업무를 기반으로 합니다.
크리스틴 클라크(Kristen Clarke) 법무차관보는 개회사를 빌어 법률집행 기관이 LEP가 있는 사람들과 소통하는 방식을 개선하기 위한 본 부서의 일관된 노력을 개략적으로 설명하였습니다. 한 예로 법무차관보는 본 부서가 킹 카운티(워싱턴주) 보안관 사무실 (KCSO)과 원칙적으로 합의에 도달했으며 이 합의가 완료되면 LEP가 있는 개개인들을 KCSO가 차별했다는 주장을 해소할 수 있을 것이라고 발표했습니다. 이 합의에 따라 KCSO는 LEP가 있는 사람들의 용이한 언어 접근을 위한 언어 접근 정책 수립 및 절차 시행, 지역 사회 참여 및 봉사 활동 전략 개발, 강력한 교육 프로그램 창출 및 기타 많은 것을 포함하는 제도를 약속하였습니다. KCSO는 200만여명의 시민들을 보호하고 카운티 소재 약 12개 도시 내의 법률집행 서비스를 제공하고 있습니다.
법무차관보는 또한 오늘 본 부서가 법률집행 기관들에게 발행한 편지를 통해 LEP가 있는 사람들을 위한 언어 지원 서비스를 제공하고 청각 장애인과 청각 장애가 있는 사람들에게 효과적인 통신을 제공해야 하는 연방 민권에 대한 그들의 법적 의무를 반복 강조하였다고 발표하였습니다. 마지막으로 법무차관보는 경찰관들이 언어 장벽을 줄이고 지역 사회 신뢰를 구축하며 경찰관들의 안전을 유지하기 위해 마련된 교육 비디오와 40개 이상의 언어로 번역된 FBI의 권리 조언서를 포함한 여러 리소스가 있음을 부각하였습니다. 이러한 자원은 COPS 교육 포털(Training Portal)에 소장되어 있습니다. 지역사회 지향 치안 서비스 제공 사무실(COPS Office)이 자금을 지원하고 국립 치안 혁신 센터(National Center for Policing Innovation)가 운영하는 이 포털은 법률집행 실무자 및 지역 사회 파트너에게 새로운 공공 안전 사안 및 지역 사회 치안에 관한 인터렉티브 교육 및 리소스를 제공하는 무료 플랫폼입니다.
클라크 법무차관보의 발언에 이어 법무부 고위관리와 경찰 기관장들은 지역 사회와 경찰서에 맞춤화된 언어 접근 정책 개발을 포함하여 자격 미달 및 편향적일 수 있는 통역사 고용 방지, 정책과 절차 이행을 위한 언어 접근 조정자 선임, 중요 정보 번역, 언어 접근 절차에 관한 경찰관 교육, 의미 있는 고충 처리 절차 수립 등 언어 접근에 관련된 효과적인 전략에 대한 패널 토론에 참여했습니다. 패널들은 또한 이해 관계자들 및 LEP가 있는 지역 사회와 긍정적 관계 맺음의 중요성을 강조했습니다.
패널 토론에는 브리언 피스(Breon Peace) 뉴욕 동부 지검 검사, 매튜 커쉬(Matthew Kirsch) 콜로라도 지검 수석 검사, 로버트 채프만(Robert Chapman) COPS Office부실장, 트렌트 글로슨(Trent Glosson) FBI 언어업무부 과장, 론 토마스(Ron Thomas) 덴버 경찰서장 및 토드 들레인(Todd Delain) 위스콘신 주 브라운 카운티 보안관이 참여하였습니다.
오늘의 회의 및 발표는 언어 접근성 발전에 대한 법무부의 오랜 공약의 기반을 지속적으로 다져나가는데 기여합니다. 법무부는11월에 연방 정부 전반에 걸쳐 언어 접근을 조정할 새로운 관계 부처 간 노력의 결과인 연방 언어 접근 실무그룹의 출범을 발표하였습니다(announced the launch of the Federal Language Access Working Group). 이 실무그룹의 창설과 함께 법무부는 메릭 갈랜드(Merrick B. Garland) 법무장관이 연방 기관들에게 보낸 언어 접근 각서(memorandum)의 대한1주년이 되는 날을 맞아 법무부의 웹사이트 www.LEP.gov를 통해 업데이트된 연방 기관 언어 접근 계획을 발표하였습니다. 또한 민권국은 주 법원 웨비나(webinar for state courts)와 협력하여 법정 언어 접근에 대한 팩트 시트(fact sheet on courts language access)를 최근 발행하였습니다. 법률집행청으로 보낸 서신의 사본이나 법률집행 언어 접근 발의안에 대한 추가 정보를 찾으시려면 www.lep.gov를 방문하십시오.
在美國司法部《執法語言無障礙倡議》網上會議上的發言Read the Press Release
今天，作為美國司法部《執法語言無障礙倡議》的一部分，民權司主持了一個由執法界相關人士參加的網上會議，探討他們在處理警務中出現的語言障礙以及建立有效的語言無障礙專案上做出的努力。
《執法語言無障礙倡議》於2022年12月提出，旨在全國範圍內幫助執法部門履行為英語能力有限者 (LEP) 提供有意義的語言協助的職責，更好地服務和保護社區。此倡議還在本司長期工作的基礎上，確保接受聯邦財政資助的執法部門遵守其根據1964年《民權法》第六條和《打擊犯罪和安全街道綜合法》應承擔的聯邦反歧視的職責。
在助理檢察長克裡斯汀·克拉克 (Kristen Clarke) 的開場發言中，她介紹了民權司在改善執法部門與英語能力有限者之間的溝通所做出的堅持不懈的努力。例如，她宣佈，民權司和華盛頓州金郡警長辦公室(KCSO)達成了原則性協議。一旦最終確定，該協議將會化解針對該辦公室歧視英語能力有限者的指控。根據該協議，金郡警長辦公室承諾保證為英語能力有限者提供語言服務，包括設立語言服務政策和實施程式，制定社區參與和推廣的策略，創建強有力的培訓專案，等等。金郡警長辦公室為轄區內兩百多萬民眾提供服務，並為該郡其他十幾個城市提供執法服務。
助理檢察長克拉克還宣佈，民權司今天向各執法部門發出了一封信，重申了執法部門擔負的聯邦民權職責，即他們必須為英語能力有限者提供語言協助服務，以及為聾啞人和聽力障礙者提供有效的溝通方式。最後，她特別指出了幾項能幫助警員減少語言障礙、增進社區信任感和保障警員安全的資源，包括一個培訓視頻和被翻譯成40多個語言的《聯邦調查局權利通知書》。這些資源位於面向社區警務服務辦公室的培訓門戶網站上。該門戶站由社區警務服務辦公室提供經費，由全國警務創新中心運作，是一個執法從業者和社區合作夥伴們的免費平臺， 其特色是提供關於新興的公共安全專題及社區警務方面的互動式的培訓和資源。
助理檢察長克拉克發言後，司法部的官員和執法界的領導參加了一次制定語言服務有效策略的專題小組討論會。討論會議題包括制定專門面對社區和警察局的語言服務政策，避免使用不合格或可能帶有偏見的口譯員，指派語言服務協調員來落實政策和流程，翻譯關鍵的資訊，對警員進行語言服務流程的培訓，和設立有意義的投訴機制等。專題小組成員還強調了與英語能力有限者相關的各方和社區積極接觸的重要性。
專題小組討論會的與會者包括美國紐約東區檢察長布里昂·皮斯 (Breon Peace)、科羅拉多區首席助理檢察長馬修·柯什 (Matthew Kirch)、面向社區警務服務辦公室中負責社區警務發展工作的副主任羅伯特·查普曼(Robert Chapman)、聯邦調查局語言服務處科長川特·格朗森(Trent Glosson)、丹佛警察局局長朗·湯瑪斯(Ron Thomas)和威斯康辛州布朗郡警長陶德·德萊恩(Todd Delain)。
今天的集會和聲明是對司法部改善語言服務的長期承諾做出的繼續改進。11月時，該部宣佈成立了“聯邦語言無障礙工作組”。這是一個新的跨機構組織，將在整個聯邦政府裡協調語言的無障礙使用工作。在成立該工作組的同時，司法部還宣佈在總檢察長梅瑞克·賈蘭德 (Merrick B Gland) 向聯邦機構發表語言無障礙備忘錄一周年之際，在其網站 www.LEP.gov公佈了更新的聯邦機構語言無障礙計畫。民權司最近還與各州法院的線上研討會協調，合作發表了法院語言使用的實情表。如果您需要獲取給執法部門的相關信函副本或瞭解更多有關《執法語言無障礙倡議》的資訊，請登陸www.lep.gov。
在美国司法部《执法语言无障碍倡议》网上会议上的发言Read the Press Release
今天，作为美国司法部《执法语言无障碍倡议》的一部分，民权司主持了一个由执法界相关人士参加的网上会议，探讨他们在处理警务中出现的语言障碍以及建立有效的语言无障碍项目上做出的努力。
《执法语言无障碍倡议》于2022年12月提出，旨在全国范围内帮助执法部门履行为英语能力有限者 (LEP) 提供有意义的语言协助的职责，更好地服务和保护社区。此倡议还在本司长期工作的基础上，确保接受联邦财政资助的执法部门遵守其根据1964年《民权法》第六条和《综合打击犯罪和安全街道法》中相关的规定应承担的联邦反歧视职责。在助理检察长克里斯汀·克拉克 (Kristen Clarke) 的开场发言中，她介绍了民权司在改善执法部门与英语能力有限者之间的沟通所做出的坚持不懈的努力。例如，她宣布，民权司和华盛顿州金郡警长办公室 (KCSO) 达成了原则性协议。一旦最终确定，该协议将会化解针对该办公室歧视英语能力有限者的指控。根据该协议，金郡警长办公室承诺保证为英语能力有限者提供语言服务，包括设立语言服务政策和实施程序，建立与社区参与和推广的策略，创建强有力的培训项目，等等。金郡警长办公室为辖区内两百多万民众服务，并为郡里面其他十几个城市提供执法服务。
助理检察长克拉克还宣布，民权司今天向各执法部门发出了一封信，重申了执法部门担负的联邦民权职责，即他们必须为英语能力有限者提供语言协助服务，以及为聋哑人和听力障碍者提供有效的沟通方式。最后，她特别指出了几项能帮助警员减少语言障碍、增进社区信任感和保障警员安全的资源，包括一个培训视频和被翻译成40多个语言的《联邦调查局权利通知书》。这些资源位于面向社区警务服务办公室的培训门户网站上。该门户网站由社区警务服务办公室提供经费，由全国警务创新中心运作，是一个执法从业者和社区合作伙伴们的免费平台，其特色是提供关于新兴公共安全专题及社区警务方面的互动式培训和资源。
助理检察长克拉克发言后，司法部的官员和执法界的领导参加了一个制定语言服务有效策略的专题小组讨论会。讨论会议题包括制定专门面对社区和警察局的语言服务政策，避免使用不合格或可能带有偏见的口译员，指派语言服务协调员来落实政策和流程，翻译关键的信息，对警员进行语言服务流程的培训，和设立有意义的投诉机制等。专题小组成员还强调了与英语能力有限者相关的各方和社区积极接触的重要性。
专题小组讨论会的与会者包括美国纽约东区检察长布里昂·皮斯 (Breon Peace)、科罗拉多区首席助理检察长马修·柯什 (Matthew Kirch)、面向社区警务服务办公室中负责社区警务发展工作的副主任罗伯特·查普曼 (Robert Chapman)、联邦调查局语言服务处科长川特·格朗森 (Trent Glosson)、丹佛警察局局长朗·托马斯 (Ron Thomas) 和威斯康辛州布朗郡警长托德·德莱恩 (Todd Delain)。
今天的集会和声明是对司法部改善语言服务的长期承诺做出的继续改进。11月时，该部宣布成立了“联邦语言无障碍工作组”。 这是一个新的跨机构组织它将在整个联邦政府里协调语言的使用工作。在成立该工作组的同时，司法部还在在总检察长梅里克·B·加兰德 (Merrick B. Garland) 向联邦机构发表语言无障碍备忘录一周年之际,在其网站www.LEP.gov公布了更新的联邦机构语言无障碍计划。民权司最近还与各州法院的在线研讨会协调，合作发表了法院语言使用的实情表。如果您需要获取给执法部门的相关信件副本或了解更多有关《执法语言无障碍倡议》的信息，请登陆www.lep.gov。
Thông Tin về Cuộc Họp Qua Mạng về Chương Trình Tiếp Cận Ngôn Ngữ của Cơ Quan Thực Thi Pháp Luật thuộc Bộ Tư PhápRead the Press Release
Hôm nay, nhằm thực hiện một phần trong Chương Trình Tiếp Cận Ngôn Ngữ của Cơ Quan Thực Thi Pháp Luật thuộc Bộ Tư Pháp, Ban Dân Quyền đã tổ chức một cuộc họp qua mạng với các đơn vị thi hành pháp luật để thảo luận về những nỗ lực của họ trong việc khắc phục các trở ngại về ngôn ngữ trong công tác kiểm soát và tạo dựng những chương trình tiếp cận ngôn ngữ hữu hiệu.
Chương trình này được phát động vào Tháng Mười Hai năm 2022, là một nỗ lực trên toàn quốc nhằm hỗ trợ các cơ quan thực thi pháp luật làm tròn bổn phận của họ trong việc đáp ứng nghiã vụ cung cấp ngôn ngữ có ý mghiã cho những cá nhân với trình độ Anh ngữ hạn chế (TĐANHC/ Limited English Proficiency/LEP) nhằm phục vụ và bảo vệ cộng đồng tốt hơn. Chương trình này cũng được lập ra trên nền tảng của những công việc lâu dài của Ban Dân Quyền để đảm bảo rằng các cơ quan thực thi pháp luật được liên bang hỗ trợ tài chính phãi tuân theo các nghĩa vụ liên bang chống kỳ thị của họ, theo Tiêu Đề VI của Đạo Luật Dân Quyền 1964 và Đạo Luật Kiểm Soát Tội Ác và An Ninh Đường Phố Omnibus.
Trong bài phát biểu khai mạc, Trợ Lý Bộ Trưởng Tư Pháp Kristen Clarke đã đưa ra cái nhìn tổng quát về những nỗ lực không ngừng của Ban Dân Quyền để cải thiện các cách giao tiếp giữa các cơ quan thi hành pháp luật và những người với TĐANHC/LEP. Ví dụ, bà công bố rằng Ban Dân Quyền đã đạt được một Thỏa Thuận về Nguyên Tắc với Văn Phòng Cảnh Sát Quận King (Washington) (KCSO) và khi đã hoàn tất, thỏa thuận này sẽ giải quyết những cáo buộc cho rằng KCSO đã có kỳ thị đối với những người có TĐANHC/ LEP. Theo thỏa thuận này, KCSO cam kết đảm bảo sự tiếp cận ngôn ngữ cho những người với TĐANHC/LEP, bao gồm việc đưa ra một chính sách về tiếp cận ngôn ngữ và thực hiện các thủ tục; phát triển chiến lược tiếp cận và tham gia với cộng đồng; lập ra một chương trình huấn luyện cho có ý nghiã; và nhiều hơn nữa. KCSO phục vụ hơn hai triệu người và cung cấp các dịch vụ thực thi pháp luật cho hàng chục thành phố khác trong quận hạt.
Bà cũng công bố rằng Ban Dân Quyền hôm nay đã gửi một bức thư đến các cơ quan thực thi pháp luật để nhắc lại những nghĩa vụ dân quyền thuộc cấp liên bang của họ trong việc cung cấp những dịch vụ hỗ trợ ngôn ngữ cho các cá nhân với TĐANHC/LEP, và cung cấp một sự giao tiếp hữu hiệu cho các cá nhân điếc và lãng tai. Cuối cùng, bà nhấn mạnh một số nguồn tài nguyên, bao gồm video huấn luyện và Tư Vấn về Quyền của FBI được dịch ra hơn 40 ngôn ngữ, để giúp các viên chức giảm bớt những trở ngại về ngôn ngữ, tạo tin tưởng trong cộng đồng và giữ an toàn cho các viên chức. Những nguồn tài nguyên này được đăng tại Cổng Thông Tin Điện Tử về Huấn Luyện của COPS. Được Văn Phòng Dịch Vụ Kiểm Soát Trật Tự Cộng Đồng (Văn Phòng COPS) tài trợ và Trung Tâm Đổi Mới về Kiểm Soát Trật Tự Quốc Gia cung cấp, Cổng Điện Tử này là một nền tảng miễn phí dành cho những nhân viên thực thi pháp luật và các đối tác trong cộng đồng để họ thực hiện việc huấn luyện tương tác và những nguồn tài nguyên về các đề tài về an toàn công cộng mới nổi lên cũng như những vấn đề về kiểm soát trật tự cộng đồng.
Sau bài phát biểu của Trợ Lý Bộ Trưởng Tư Pháp Clarke, các viên chức của Bộ Tư Pháp và lãnh đạo của các cơ quan thực thi pháp luật đã tham gia một nhóm để thảo luận về các chiến lược hữu hiệu xung quanh vấn đề tiếp cận ngôn ngữ, bao gồm việc phát triển các chính sách tiếp cận ngôn ngữ thích hợp cho cộng đồng và cơ quan cảnh sát; tránh sử dụng những thông dịch viên không đạt tiêu chuẩn và có thể thiên vị; bổ nhiệm một nhân viên điều phối tiếp cận ngôn ngữ để thực hiện các chính sách và thủ tục; phiên dịch những thông tin trọng yếu; huấn luyện các viên chức về thủ tục tiếp cận ngôn ngữ; và thiết lập những thủ tục khiếu nại cho có ý nghiã. Những người tham gia hội thảo cũng nhấn mạnh tầm quan trọng của sự tích cực tham gia của các bên liên quan và cộng đồng với TĐANHC/LEP.
Những người tham gia buổi thảo luận nhóm này gồm có Luật Sư Hoa Kỳ Breon Peace của Quận Đông New York; Trợ Lý Thứ Nhất Luật Sư Hoa Kỳ Matthew Kirsch thuộc Quận Colorado; Phó Giám Đốc Văn Phòng COPS Robert Chapman phụ trách việc Thúc Đẩy Kiểm Soát Trật Tự Cộng Đồng; Đơn Vị Trưởng Trent Glosson thuộc Bộ Phận Dịch Vụ Ngôn Ngữ của FBI; Cảnh Sát Trưởng Ron Thomas của Sở Cảnh Sát Denver; và Todd Delain, Cảnh Sát Trưởng Quận Brown, Wisconsin.
Buổi họp và những công bố của ngày hôm nay sẽ tiếp tục dựa trên sự cam kết lâu dài của Bộ Tư Pháp trong việc thúc đẩy sự tiếp cận ngôn ngữ. Vào Tháng Mười Một, Bộ đã công bố việc triển khai Nhóm Làm Việc về Tiếp Cận Ngôn Ngữ Liên Bang, một nỗ lực liên ngành mới nhằm phối hợp việc tiếp cận ngôn ngữ giữa các cơ quan chính phủ liên bang. Cùng với việc thành lập nhóm làm việc này, Bộ cũng công bố những kế hoạch tiếp cận ngôn ngữ của cơ quan liên bang được đăng tải trên trang mạng www.LEP.gov, nhân dịp kỷ niệm một năm kể từ ngày thực hiện bản ghi nhớ của Bộ Trưởng tư Pháp Merrick B. Garland về việc tiếp cận ngôn ngữ dành cho các cơ quan liên bang. Ban Dân Quyền cũng vừa phát hành tờ thông tin về tiếp cận ngôn ngữ cho tòa án phối hợp với hội thảo trực tuyến dành cho các tòa án tiểu bang. Để có được bản sao của thư gửi cho cơ quan thực thi pháp luật hoặc để tìm thêm thông tin về Chương Trình Tiếp Cận Ngôn Ngữ của Cơ Quan Thực Thi Pháp Luật, hãy vào trang www.lep.gov.
Resumen de la Junta Virtual de la Iniciativa de las Fuerzas del Orden Público para el Acceso Lingüístico del Departamento de JusticiaRead the Press Release
Hoy, como parte de la Iniciativa de las Fuerzas del Orden Público para el Acceso Lingüístico del Departamento de Justicia, la División de Derechos Civiles organizó una junta virtual con las partes interesadas de las fuerzas de orden público para hablar sobre sus esfuerzos encaminados a abordar las barreras lingüísticas en sus prácticas policiales y para crear programas eficaces de acceso lingüístico.
La iniciativa, que se lanzó en diciembre de 2022, es una labor nacional que tiene el objeto de ayudar a los organismos del orden público a cumplir con su obligación de brindar asistencia lingüística significativa a las personas cuyo dominio del inglés es limitado (LEP, por sus siglas en inglés), a fin de servir y proteger mejor a las comunidades. La iniciativa también se basa en el trabajo a largo plazo de la división para garantizar que los organismos de las fuerzas orden público que reciben asistencia financiera federal cumplan sus obligaciones federales contra la discriminación conforme al Título VI de la Ley de Derechos Civiles de 1964 y la Ley Ómnibus de Control del Crimen y Calles Seguras.
En sus comentarios de apertura, la fiscal general adjunta Kristen Clarke presentó una sinopsis de los esfuerzos invariables que ha hecho la división para mejorar la manera en que los organismos de las fuerzas del orden público se comunican con las personas cuyo dominio del inglés es limitado. Por ejemplo, anunció que la división ha llegado a un acuerdo en principio con la Oficina del Alguacil del Condado de King (KCSO, por sus siglas en inglés) en el estado de Washington que, una vez finalizado, resolverá las acusaciones relativas a la discriminación por parte de la KCSO de las personas cuyo dominio del inglés es limitado. En virtud del acuerdo, la KCSO se compromete a garantizar el acceso lingüístico para las personas cuyo dominio del inglés es limitado, incluso a crear una política de acceso lingüístico e implementar procedimientos, formular una estrategia de participación y extensión comunitarias, y, entre otras cosas más, crear un programa sólido de capacitación. La KCSO atiende a más de dos millones de personas y presta servicios de aplicación de la ley a más de una decena de ciudades adicionales en el condado.
También anunció que la división emitió hoy una carta a los organismos de las fuerzas del orden público en la que reitera sus obligaciones federales con respecto a los derechos civiles de brindar servicios de asistencia lingüística a las personas cuyo dominio del inglés es limitado y de proporcionar comunicación eficaz a las personas que tengan discapacidades y dificultades auditivas. Por último, destacó varios recursos como, entre otros, un video de capacitación y traducciones de la “Notificación de Derechos” del FBI en más de 40 idiomas para ayudar a los oficiales a reducir las barreras lingüísticas, generar confianza en la comunidad y mantener a los oficiales seguros. Estos recursos se encuentran en el Portal de Capacitación de los Servicios Policiales Orientados a la Comunidad (COPS, por sus siglas en inglés). El portal, que es financiado por la Oficina de Servicios Policiales Orientados a la Comunidad (Oficina de COPS) e impulsado por el Centro Nacional para la Innovación Policial, es una plataforma libre de costos que presenta sesiones de capacitación interactivas y recursos en temas emergentes en materia de seguridad pública y servicios policiales comunitarios para profesionales de las fuerzas del orden público y socios de la comunidad.
Tras los comentarios de la fiscal general adjunta Clarke, los funcionarios del Departamento de Justicia y los líderes de las fuerzas del orden público participaron en una mesa de debate a fin de tratar las estrategias para el acceso lingüístico, incluida las maneras de formular políticas de acceso al idioma adaptadas a la comunidad y a los departamentos de la policía, evitar el empleo de intérpretes que no reúnan los requisitos necesarios y que podrían tener prejuicios, nombrar a un coordinador de acceso lingüístico para implementar políticas y procedimientos, traducir información vital, capacitar a funcionarios en procedimientos de acceso lingüístico y establecer procedimientos valiosos para presentar quejas. Los miembros de la mesa también destacaron la importancia de comprometerse de manera positiva con las partes interesadas y las comunidades que tengan personas cuyo dominio del inglés es limitado.
Entre los participantes que asistieron estuvieron Breon Peace, fiscal federal del Distrito Este de Nueva York; Matthew Kirsch, primer fiscal federal adjunto del Distrito de Colorado; Robert Chapman, subdirector de la Oficina de COPS, en pro del avance de los servicios policiales comunitarios; Trent Glosson, jefe de unidad en la Sección de Servicios Lingüísticos del FBI; Ron Thomas, jefe del Departamento de Policía de Denver; y Todd Delain, alguacil del condado de Brown en Wisconsin.
La reunión y los anuncios de hoy continúan basándose en el compromiso a largo plazo del Departamento de Justicia de promover el acceso lingüístico. En noviembre, el departamento anunció el lanzamiento del Grupo de Trabajo Federal de Acceso Lingüístico, un nuevo esfuerzo interinstitucional que coordinará el acceso lingüístico en todo el gobierno federal. Junto con la creación de este grupo de trabajo, el departamento también anunció la publicación de planes actualizados de acceso lingüístico de organismos federales en su sitio web www.LEP.gov, en el primer aniversario del memorando de acceso lingüístico del fiscal general Merrick B. Garland a los organismos federales. La División de Derechos Civiles también publicó recientemente una hoja informativa sobre el acceso lingüístico en los tribunales en coordinación con un seminario web para los tribunales estatales. Para obtener copias de la carta a las fuerzas del orden u obtener información adicional sobre la Iniciativa de las Fuerzas del Orden Público para el Acceso Lingüístico, visite www.lep.gov.
Readout of Justice Department’s Law Enforcement Language Access Initiative Virtual ConveningRead the Press Release
Today, as part of the Justice Department’s Law Enforcement Language Access Initiative, the Civil Rights Division hosted a virtual convening with law enforcement stakeholders to discuss their efforts to address language barriers in policing and build effective language access programs.
The initiative, launched in December 2022, is a nationwide effort to assist law enforcement agencies in meeting their obligation to provide meaningful language assistance to individuals with limited English proficiency (LEP) to better serve and protect communities. The initiative also builds on the division’s longstanding work to ensure that law enforcement agencies receiving federal financial assistance comply with their federal antidiscrimination obligations, under Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act.
In her opening remarks, Assistant Attorney General Kristen Clarke provided an overview of the division’s consistent efforts to improve how law enforcement agencies communicate with people with LEP. For example, she announced that the division has reached an Agreement in Principle with the King County (Washington) Sheriff’s Office (KCSO) that, once finalized, will resolve allegations that KCSO discriminated against individuals with LEP. Under the agreement, KCSO commits to ensuring language access for individuals with LEP, including creating a language access policy and implementing procedures; developing a community engagement and outreach strategy; creating a robust training program; and more. KCSO serves over two million people and provides law enforcement services to a dozen other cities in the county.
She also announced the division issued a letter today to law enforcement agencies reiterating their federal civil rights obligations to provide language assistance services to individuals with LEP, and to provide effective communication to deaf and hard of hearing individuals. Finally, she highlighted several resources, including a training video and translations of the FBI’s Advice of Rights in over 40 languages, to help officers reduce language barriers, build community trust and keep officers safe. These resources are housed on the COPS Training Portal. Funded by the Office of Community Oriented Policing Services (COPS Office) and powered by the National Center for Policing Innovation, the Portal is a no-cost platform for law enforcement practitioners and community partners that features interactive training and resources in emerging public safety topics and community policing.
Following Assistant Attorney General Clarke’s remarks, Justice Department officials and law enforcement leaders participated in a panel discussion regarding effective strategies around language access, including the development of language access policies tailored to the community and police department; avoiding the use of unqualified and potentially biased interpreters; appointing a language access coordinator to implement policies and procedures; translating vital information; training officers on language access procedures; and establishing meaningful complaint procedures. Panelists also highlighted the importance of affirmatively engaging with stakeholders and communities with LEP.
Participants for the panel discussion included U.S. Attorney Breon Peace for the Eastern District of New York; First Assistant U.S. Attorney Matthew Kirsch for the District of Colorado; COPS Office Deputy Director Robert Chapman for Community Policing Advancement; FBI Unit Chief Trent Glosson for the Language Services Section; Denver Police Department Police Chief Ron Thomas; and Brown County, Wisconsin, Sheriff Todd Delain.
Today’s convening and announcements continue to build on the Justice Department’s longstanding commitment to advancing language access. In November, the department announced the launch of the Federal Language Access Working Group, a new interagency effort that will coordinate language access across the federal government. Along with the creation of this working group, the department also announced the release of updated federal agency language access plans on its website, www.LEP.gov, on the one-year anniversary of the Attorney General Merrick B. Garland’s language access memorandum to federal agencies. The Civil Rights Division also recently issued a fact sheet on courts language access in coordination with a webinar for state courts. To obtain copies of the letter to law enforcement or find additional information about the Law Enforcement Language Access Initiative, visit www.lep.gov.
Maryland Tax Preparer Sentenced to More Than Two Years in Prison for Preparing False Tax ReturnsRead the Press Release
A Maryland man was sentenced today to 27 months in prison for preparing and filing false tax returns on behalf of his clients following his conviction by a federal jury in Greenbelt.
According to court documents and evidence presented at trial, Ronald Eugene Watson, also known as Sabir Muhammad, was a self-employed tax return preparer who operated SW Accounting Associates (SWAA) in Largo, Maryland. The evidence proved that from at least 2015 through 2017, Watson willfully prepared and electronically filed tax returns with the IRS on behalf of his clients, which falsely reported income and deduction information, including fictitious or overstated business and unreimbursed employee expenses. The false deductions reduced clients’ tax liability, often resulting in large, inflated refunds to which they were not entitled. According to witness testimony, Watson varied his preparation fees depending on the amount of the refund requested, with fees typically ranging from $500 to $1,500.
U.S. District Judge Theodore D. Chuang also ordered Watson to serve one year of supervised release and to pay approximately $268,634 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Erek L. Barron for the District of Maryland made the announcement.
IRS Criminal Investigation investigated the case.
Trial Attorney Matthew L. Cofer of the Tax Division and Assistant U.S. Attorney Leah B. Grossi for the District of Maryland prosecuted the case.
Former Operator of Two Municipal Golf Courses Found Guilty of Tax Conspiracy and Making False Statement to Financial InstitutionRead the Press Release
A federal jury convicted a Massachusetts man Monday for conspiring to defraud the United States and making a false statement to a financial institution related to his purchase of real estate. He was acquitted of embezzlement from a local government receiving federal benefits, wire fraud, money laundering and unlawful monetary transactions.
According to court documents and evidence presented at trial, Kevin M. Kennedy, of East Longmeadow, conspired with two individuals in western Massachusetts to evade taxes Kennedy owed on money he received from his ownership of a company that managed two municipal golf courses on behalf of the City of Springfield. Kennedy paid for, mostly in cash, the construction of two custom homes in East Longmeadow and on Cape Cod. To induce the bank to provide him a mortgage for part of the East Longmeadow home, Kennedy submitted a home purchase contract to the bank that falsely reflected a total purchase price reduced by the $160,000 cash downpayment he had made.
Just prior to trial, Kennedy pleaded guilty to four counts of filing a false individual income tax return for 2011 through 2014, during which he also admitted to filing a false return in 2009 and 2010. For each of those years, Kennedy did not report to his return preparer all of the cash and checks his management company received from his operation of the golf courses.
Kennedy is scheduled to be sentenced on March 1, 2024, and faces maximum penalties of 30 years in prison for making a false statement to a financial institution, five years in prison for conspiracy to defraud the United States and three years in prison for each count of filing a false tax return. He also faces a period of supervised release, criminal forfeiture and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts made the announcement.
IRS Criminal Investigation is investigating the case.
Assistant Chief Eric B. Powers of the Tax Division and Assistant U.S. Attorney Neil Desroches for the District of Massachusetts are prosecuting the case.
Court Grants Default Judgment against Tampa-Area Tax Return PreparerRead the Press Release
The District Court for the Middle District of Florida permanently enjoined Tyrone Johnson and TJ Professional Services LLC yesterday from preparing federal income tax returns for others, from owning or operating any tax return business in the future and from transferring customer lists or other customer information.
In issuing the injunction, the court accepted as true that since 2016, the defendants prepared returns that claimed fictitious businesses and fabricated business losses so that those returns claimed larger refunds than the defendants’ customers were entitled to receive. The civil complaint alleged that the defendants’ schemes have cost the Treasury millions of dollars. The order also accepted that Johnson does not file using his Preparer Tax Identification Number (PTIN) but hides his involvement by using only the taxpayer’s identification number. According to the IRS, anyone who is paid to prepare or assists in preparing federal tax returns is legally required to have a valid PTIN and paid preparers must sign and include their PTIN on the return. Not signing a return, commonly known as “ghost preparation,” is often a red flag that a preparer is attempting to avoid detection by the IRS. The complaint alleged that Johnson acted as a ghost preparer.
The injunction against the defendants was entered by default: according to the order, both Johnson and TJ Professional Services failed to appear in the action. The court also permitted the United States to conduct post-judgment discovery to monitor compliance with its order.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
As the 2024 tax season approaches, taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS offers tips on how to accurately file returns and how to choose a tax return preparer, as well as steps taxpayers can take to get a jumpstart on filing.
Taxpayers seeking assistance can access the IRS’s free directory of federal tax preparers. The IRS also has programs offering free basic return preparation for qualifying seniors and individuals with low to moderate income. In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
t._johnson_injunction_order.pdfBabasahin ng Departamento ng Hustisya sa Makatotohanang Pagpupulong sa Pagpapasimuno sa Kaparaanan sa Wika ng Pagpapatupad ng BatasRead the Press Release
Ngayon, bilang bahagi ng Pagpapasimuno sa Kaparaanan sa Wika ng Pagpapatupad ng Batas ng Departamento ng Hustisya, pinaghandaan ng Dibisyon sa Mga Karapatang Sibil ang isang makatotohanang pagpupulong kasama ang mga nakikipagsapalaran sa pagpapatupad ng batas upang talakayin ang kanilang mga pagsisikap na tugunan ang mga hadlang sa wika sa pagpupulis at pagtatayo ng mabisang mga programa sa kaparaanan sa wika.
Ang pagpapasimuno, na inilunsad noong Disyembre 2022, ay isang pagsisikap sa buong bansa upang makatulong sa mga ahensya ng pagpapatupad ng batas sa pagtupad sa kanilang obligasyon na magkaloob ng makahulugang tulong sa wika sa mga indibidwal na may limitadong kasanayan sa Ingles [limited English proficiency (LEP)] upang mas mahusay na mapaglingkuran at maprotektahan ang mga komunidad. Ang pagpapasimuno ay dumaragdag rin sa pangmatagalang trabaho ng dibisyon na tiyakin na ang mga ahensya ng pagpapatupad ng batas na tumatanggap ng pederal na tulong pinansiyal ay sumusunod sa kanilang pederal na mga obligasyon laban sa pagtatangi, sa ilalim ng Titulo VI ng Batas sa mga Karapatang Sibil ng 1964 at ng Sinasaklaw ng Batas sa Pagpigil ng Krimen at Ligtas na Mga Lansangan.
Sa kanyang pambungad na pananalita, nagbigay si Pangalawang Pangunahing Abogado Kristen Clarke ng isang pangkalahatang ideya na alinsunod sa mga pagsisikap ng dibisyon upang mapabuti kung paano makipag-usap ang mga ahensya ng pagpapatupad ng batas sa mga taong may LEP. Halimbawa, inihayag niya na naabot ng dibisyon ang isang Kasunduan sa Prinsipyo kasama ang Kondehan ng King (Washington) Tanggapan ng Serip [Agreement in Principle with the King County (Washington) Sheriff’s Office (KCSO)] na, kapag natapos na, lulutasin ang mga paratang na ang KCSO ay nagdiskrimina laban sa mga indibidwal na may LEP. Sa ilalim ng kasunduan, nangangako ang KCSO sa pagtitiyak ng kaparaanan sa wika ng mga indibidwal na may LEP, kasama ang paglikha ng isang patakaran sa kaparaanan sa wika at pagpapatupad ng mga pamamaraan; pagbuo ng isang pakikipag-ugnayan sa komunidad at estratehiya sa pag-abot sa karamihan; paglikha ng isang matatag na programa sa pagsasanay; at iba pa. Sinisilbihan ng KCSO ang mahigit na dalawang milyong mga tao at nagkakaloob ng mga serbisyong pagpapatupad ng batas sa labindalawa pang ibang mga lungsod sa kondehan.
Inihayag din niya na naglabas ang dibisyon ng isang sulat [letter] ngayon sa mga ahensya ng pagpapatupad ng batas na inuulit ang kanilang mga obligasyon sa pederal na mga karapatang sibil na magkaloob ng mga serbisyong tulong sa wika sa mga indibidwal na may LEP, at magkaloob ng mabisang pakikipag-usap sa bingi at hirap sa pandinig na mga indibidwal. Sa wakas, itinampok niya ang ilang mga mapagkukunan, kasama ang isang bidyo sa pagsasanay at mga pagsasalin sa Payo ng mga Karapatan ng FBI sa mahigit na 40 mga wika, upang tulungan ang mga opisyal na mabawasan ang mga hadlang sa wika, bumuo ng tiwala ng komunidad at mapanatiling ligtas ang mga opisyal. Namamahay ang mga mapagkukunang ito sa COPS Portal ng Pagsasanay [Training Portal]. Pinopondohan ng Tanggapan ng mga Serbisyong Pagpupulis na Nakatuon sa Komunidad [Office of Community Oriented Policing Services (COPS Office)] at pinapalakas ng Pambansang Sentro para sa Pagbabago ng Pagpupulis [National Center for Policing Innovation], ang Portal ay isang walang-bayad na plataporma para sa mga propesyonal ng pagpapatupad ng batas at mga kasosyo sa komunidad na nagtatampok ng sama-samang pagsasanay at mga mapagkukunan sa umuusbong na mga paksa sa kaligtasan ng publiko at pagpupulis sa komunidad.
Sumunod sa mga pananalita ni Pangalawang Pangunahing Abogado Clarke, nakilahok ang mga opisyal ng Departamento ng Hustisya at mga pinuno ng pagpapatupad ng batas sa isang talakayan ng lupon tungkol sa mga mabisang estratehiya na pumapaligid sa kaparaanan sa wika, kasama ang pagbuo ng mga patakaran sa kaparaanan sa wika na naaayon sa komunidad at departamento ng pulisya; pag-iwas sa paggamit ng hindi kwalipikado at posibleng may kinikilingang mga tagasalin; paghirang ng isang tagapagtugma sa kaparaanan sa wika upang ipagpatupad ang mga patakaran at mga pamamaraan; pagsasalin ng mga mahahalagang impormasyon; pagsasanay ng mga opisyal sa mga pamamaraan sa kaparaanan sa wika; at pagtatag ng makahulugang mga pamamaraan sa daing. Itinampok din ng mga entrepanyo ang kahalagahan ng nakakaengganyong pagsang-ayon sa mga nakikipagsapalaran at mga komunidad na may LEP.
Kasama sa mga kalahok sa talakayan ng lupon ay ang Abogado ng Estados Unidos na si Breon Peace para sa Silangang Distrito ng New York; Unang Kawani Abogado ng Estados Unidos na si Matthew Kirsch para sa Distrito ng Colorado; Kinatawang Direktor sa Tanggapan ng COPS na si Robert Chapman para sa Pagsulong sa Pagpupulis sa Komunidad; Pinuno ng Yunit ng FBI na si Trent Glosson para sa Seksyon ng mga Serbisyo sa Wika; Hepe ng Pulis sa Departamento ng Pulisya ng Denver na si Ron Thomas; at si Serip Todd Delain para sa Kondehan ng Brown, Wisconsin.
Ang pagpupulong at mga pagpapahayag ngayon ay nagpapatuloy na magtaguyod sa pangmatagalang pangako ng Departamento ng Hustisya sa pagsulong sa kaparaanan sa wika. Noong Nobyembre, inihayag ng departamento ang paglulungsad ng Nagtatrabahong Grupo ng Pederal sa Kaparaanan sa Wika [announced the launch of the Federal Language Access Working Group], isang bagong pagsisikap ng pangkaloobang mga ahensya na magtutugma sa kaparaanan sa wika sa buong pederal na pamahalaan. Kasama sa paglikha ng nagtatrabahong grupong ito, inihayag din ng departamento ang paglabas ng pinakabagong mga plano sa kaparaanan sa wika ng pederal na ahensya sa website nito, www.LEP.gov, noong unang anibersaryo ng panandaan [memorandum] sa kaparaanan sa wika ni Pangunahing Abogado Merrick B. Garland sa pederal na mga ahensya. Kamakailan-lamang din na naglathala ang Dibisyon sa mga Karapatang Sibil ng isang katotohanang pilyego [fact sheet] tungkol sa kaparaanan ng mga hukuman sa wika [courts language access] sa pakikipagtugma sa isang webinar para sa mga hukuman ng estado [webinar for state courts]. Upang makakuha ng mga kopya ng sulat sa pagpapatupad ng batas o makahanap ng karagdagang impormasyon tungkol sa Pagpapasimuno sa Kaparaanan sa Wika ng Pagpapatupad ng Batas, bisitahin ang www.lep.gov.
St. John the Baptist Parish Man Indicted for Conspiracy to Distribute CocaineRead the Press Release
NEW ORLEANS, LOUISIANA – EDEL FREYRE-SOTO, age 54, a resident of LaPlace, Louisiana, was indicted on December 7, 2023, for conspiracy to distribute five kilograms or more of cocaine, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846, and possession with intent to distribute five kilograms or more of cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), announced U.S. Attorney Duane A. Evans.
For both counts, FREYRE-SOTO faces a mandatory minimum sentence of ten years, up to life imprisonment, a fine of up to $10,000,000, at least five years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by the Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney J. Benjamin Myers of the Narcotics Unit.
South New Jersey Residents Charged for Roles in Dog Fighting Conspiracy Involving the “DMV Board”Read the Press Release
Two New Jersey residents were charged for their participation in a dog fighting ring that involved the “DMV Board,” a Telegram-based dog fighting collective spanning several states. Tommy J. “Snakes” Watson, of Clayton, and Johnnie Lee Nelson Jr., of Bridgeton, appeared in court on the charges today and last Tuesday, respectively.
According to documents filed in this case and statements made in court, Watson and Nelson conspired with others to fight, train, transport and possess pit bull-type dogs in dog fighting ventures from August 2017 through March 2019, in violation of the federal Animal Welfare Act. Watson and others conducted a dog fighting operation known as “From Da Bottom Kennels” and fought pit bull-type dogs in dog fights, housed and trained dogs for dog fighting and acquired, without veterinarian assistance or scrutiny, medical equipment including skin staplers to treat dogs injured during fights. Watson and others also used the “DMV Board” to transmit videos of live-streamed dog fights, dogs training to fight and underperforming fighting dogs being killed including by hanging.
Watson fought two dogs, including one named “Bunz,” in a December 2018 dog fight at a location on Center Road in Upper Deerfield Township, New Jersey. Watson also trained and transported a third dog, named “Rambo,” for a dog fight event at the same location on March 23, 2019, which law enforcement disrupted. Two still-fighting dogs were discovered by law enforcement at the Center Road location inside a car where participants had placed the dogs before fleeing to avoid detection by law enforcement. Nelson trained “Rambo” for purposes of having him fight in the March 23, 2019 dog fight event at the Center Road location. Watson is also charged with the unlawful possession of ammunition that he brought to the dog fight event.
If convicted, Watson and Nelson each face penalties up to five years in prison and a $250,000 fine per count of animal fighting charges. Watson also faces up to 10 years in prison and a $250,000 fine on the ammunition charge.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) and U.S. Attorney Philip K. Sellinger for the District of New Jersey made the announcement.
The U.S. Department of Agriculture, Office of the Inspector General, FBI, Department of Homeland Security, Homeland Security Investigations and detectives with the Cumberland County, New Jersey, Prosecutor’s Office are investigating the case, which remains ongoing.
Senior Trial Attorney Ethan Eddy of ENRD’s Environmental Crimes Section and Assistant U.S. Attorneys Kathleen O’Leary and Desiree Grace for the District of New Jersey are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Announces Release of Violent Crime Reduction RoadmapRead the Press Release
WASHINGTON – Attorney General Merrick B. Garland announced today the release of the Justice Department’s Violent Crime Reduction Roadmap, a one-stop shop to assist local jurisdictions in developing, implementing, and evaluating strategies to prevent, intervene in, and respond to violent crime. The Roadmap helps connect jurisdictions with the information and resources they need to meet the complex and evolving challenges to help reduce violent crime.
The announcement came during the opening session of the Department’s Violent Crime Reduction Summit, which brings together federal, state, local, Tribal, and territorial partners across the country to identify evidence-informed practices to increase public safety, enhance partnerships in the participating communities, and reduce violent crime. The Summit is convening executive leaders and key stakeholders from Project Safe Neighborhoods and National Public Safety Partnership sites, as well as grantees from several violent crime reduction programs including the Local Law Enforcement Crime Gun Intelligence Center Integration Initiative, Community Based Violence Intervention and Prevention Initiative, and the Rural and Small Department Violent Crime Reduction Program. Also in attendance at the Summit are top Justice Department officials, including Associate Attorney General Vanita Gupta and leaders of offices and federal law enforcement agencies across the Department. The Roadmap is part of a comprehensive Justice Department strategy to reduce violent crime.
“We have spent two and a half years using every available resource to combat the violent crime spike we saw during the pandemic, and this is a guide to the programs and strategies that we have seen work,” said Attorney General Garland. “But this is not a time to relax our efforts. We know that the only way to replicate what is working and to bring violent crime down in every community is by learning from each other and by investing in our partnerships.”
The dozens of Justice Department resources available from the Roadmap are organized around actions outlined in Saving Lives: Ten Essential Actions Cities Can Take to Reduce Violence Now, developed by the Council on Criminal Justice, a nonpartisan think tank for the criminal justice field. These strategies were identified by the Council on Criminal Justice’s (CCJ)’s Violent Crime Working Group, which included experts from community organizations, law enforcement, the public health sector, and academia.
“Effectively addressing violent crime requires partnerships and investments at every level — federal, state, and local law enforcement, and the communities we serve,” said Associate Attorney General Gupta. “This Roadmap is a one-stop shop for Justice Department resources — from funding to training to publications — that can help law enforcement, local leaders, and community members tackle this problem together.”
“This Roadmap lifts up proven solutions and the resources we have available for communities across the country,” said Assistant Attorney General Amy L. Solomon of the Justice Department’s Office of Justice Programs (OJP). “The effort to address violent crime will require continued collaboration and engagement between all stakeholders, and communities themselves. OJP is pleased to identify resources available here and, eventually, across the federal government that can support city leaders to implement these essential actions to save lives.”
The Police Executive Research Forum, funded by OJP’s Bureau of Justice Assistance, will provide local jurisdictions with tailored training and technical assistance on how to implement the 10 essential actions and utilize the Justice Department’s resources identified in the Roadmap, to reduce violent crime while building community trust. Training and technical assistance offerings include specialized expertise to help organizations solve problems and build capacity, and they provide direct connections to subject matter experts as well as how-to materials.
Justice Department Announces Release of Violent Crime Reduction RoadmapRead the Press Release
Attorney General Merrick B. Garland announced today the release of the Justice Department’s Violent Crime Reduction Roadmap, a one-stop shop to assist local jurisdictions in developing, implementing, and evaluating strategies to prevent, intervene in, and respond to violent crime. The Roadmap helps connect jurisdictions with the information and resources they need to meet the complex and evolving challenges to help reduce violent crime.
The announcement came during the opening session of the Department’s Violent Crime Reduction Summit, which brings together federal, state, local, Tribal, and territorial partners across the country to identify evidence-informed practices to increase public safety, enhance partnerships in the participating communities, and reduce violent crime. The Summit is convening executive leaders and key stakeholders from Project Safe Neighborhoods and National Public Safety Partnership sites, as well as grantees from several violent crime reduction programs including the Local Law Enforcement Crime Gun Intelligence Center Integration Initiative, Community Based Violence Intervention and Prevention Initiative, and the Rural and Small Department Violent Crime Reduction Program. Also in attendance at the Summit are top Justice Department officials, including Associate Attorney General Vanita Gupta and leaders of offices and federal law enforcement agencies across the Department. The Roadmap is part of a comprehensive Justice Department strategy to reduce violent crime.
“We have spent two and a half years using every available resource to combat the violent crime spike we saw during the pandemic, and this is a guide to the programs and strategies that we have seen work,” said Attorney General Garland. “But this is not a time to relax our efforts. We know that the only way to replicate what is working and to bring violent crime down in every community is by learning from each other and by investing in our partnerships.”
The dozens of Justice Department resources available from the Roadmap are organized around actions outlined in Saving Lives: Ten Essential Actions Cities Can Take to Reduce Violence Now, developed by the Council on Criminal Justice, a nonpartisan think tank for the criminal justice field. These strategies were identified by the Council on Criminal Justice’s (CCJ)’s Violent Crime Working Group, which included experts from community organizations, law enforcement, the public health sector, and academia.
“Effectively addressing violent crime requires partnerships and investments at every level — federal, state, and local law enforcement, and the communities we serve,” said Associate Attorney General Gupta. “This Roadmap is a one-stop shop for Justice Department resources — from funding to training to publications — that can help law enforcement, local leaders, and community members tackle this problem together.”
“This Roadmap lifts up proven solutions and the resources we have available for communities across the country,” said Assistant Attorney General Amy L. Solomon of the Justice Department’s Office of Justice Programs (OJP). “The effort to address violent crime will require continued collaboration and engagement between all stakeholders, and communities themselves. OJP is pleased to identify resources available here and, eventually, across the federal government that can support city leaders to implement these essential actions to save lives.”
The Police Executive Research Forum, funded by OJP’s Bureau of Justice Assistance, will provide local jurisdictions with tailored training and technical assistance on how to implement the 10 essential actions and utilize the Justice Department’s resources identified in the Roadmap, to reduce violent crime while building community trust. Training and technical assistance offerings include specialized expertise to help organizations solve problems and build capacity, and they provide direct connections to subject matter experts as well as how-to materials.
Five Federal Agencies Issue Joint Advisory on Safe Business Practices and Compliant Transfer of GoodsRead the Press Release
The Department of Justice, Department of Commerce’s Bureau of Industry and Security (BIS), Department of Homeland Security’s Homeland Security Investigations (HSI), Department of State’s Directorate of Defense Trade Controls (DDTC), and Department of the Treasury’s Office of Foreign Assets Control (OFAC) today issued a joint compliance note highlighting common tactics deployed by malign actors in the maritime and other transportation industries as well as recent enforcement actions taken in response to alleged violations. Today’s note marks the first collective effort by the five agencies to inform the private sector about enforcement trends and provide guidance to the business community on compliance with U.S. sanctions and export laws. The Departments of Justice, Commerce, and the Treasury have previously issued two tri-seal compliance notes.
“Cargo shipments occur in increasingly complex geopolitical environments, and companies operating in this high-risk space must adhere vigilantly to U.S. sanctions and export control laws,” said Assistant Attorney General for National Security Matthew G. Olsen. “As today’s joint alert makes clear, we will hold accountable companies that do not maintain rigorous compliance programs and violate the law.”
“Those who move cargo play a key role in helping to prevent sensitive goods and technologies from falling into the hands of proliferators, terrorists, and other malign actors,” said Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod. “Across the federal government, we are united in our message – if you have a role in moving cargo, you have a responsibility to ensure your services are not being exploited by those who would do this country harm.”
“As Iran and other sanctioned actors increasingly use deceptive shipping practices to attempt sanctions evasion, those operating in the shipping sector need to be vigilant and employ risk-based compliance measures to counteract these threats,” said Director Brad Smith of OFAC. “Engaging with these actors not only risks civil penalties for U.S. companies, but also non-U.S. companies that cause U.S. persons to violate sanctions.”
“Training, outreach, and information sharing between the federal government and the transportation industry are the first lines of defense in preventing foreign adversaries from illegally obtaining sensitive U.S. technology for nefarious purposes,” said Executive Associate Director Katrina W. Berger of HSI. “It’s extremely important we remain vigilant and work collaboratively to ensure compliance remains at the forefront of what we do, as our nation depends on it.”
The compliance note describes various deceptive shipping and transportation tactics deployed by malign actors to facilitate the illicit transfer of cargo. In addition, the note advises companies doing business in these industries to implement and strengthen their compliance controls as necessary, especially when operating in high-risk areas or with counterparties who exhibit odd behavior. The note further identifies several compliance practices that may assist companies in identifying potential efforts to evade U.S. laws.
The compliance note also highlights criminal and civil enforcement authorities that the relevant agencies have taken to combat the illicit shipment of cargo as well as recent enforcement actions. These cases include the first-ever criminal resolution by the Department of Justice against a bareboat charter of a crude oil tanker carrying contraband Iranian oil and civil enforcement actions taken by BIS and OFAC imposing civil monetary penalties.
The note makes clear that companies engaged in the maritime or other transportation industries must be vigilant in their compliance efforts. Such vigilance includes assessing their risk profile for potential violations of U.S. sanctions and export laws, implementing rigorous compliance controls to mitigate those risks, and taking any other steps necessary to verify the true nature, origin, and destination of cargo they are involved in transporting.
Compliance noteU.S. Postal Inspector Charged with Mail Theft, Obstruction of Justice, and Money LaunderingRead the Press Release
A federal grand jury in the Eastern District of Louisiana returned an indictment yesterday charging a U.S. Postal Inspector with mail theft, obstruction of justice, and money laundering.
According to the indictment, Michael Morse, 52, of Madisonville, Louisiana, served as a Postal Inspector in the U.S. Postal Inspection Service. In this role, Morse was responsible for investigating and preventing crime that involved the mail, including mail and package theft. Despite this duty, on Nov. 12, 2020, Morse allegedly stole a Priority Mail Express package from a U.S. Postal Service processing and distribution center and removed from the package cash and a global positioning system (GPS) tracking device. Further, Morse allegedly obstructed justice when he knowingly attempted to mislead other law enforcement officers about the package and the GPS device. Morse also allegedly engaged in money laundering when he deposited cash and pre-paid cards constituting proceeds of the mail theft in various cryptocurrency and precious metal accounts.
Morse is charged with one count of mail theft, one count of obstruction of justice, and nine counts of money laundering. If convicted, he faces a maximum penalty of five years in prison on the mail theft count and 20 years in prison on the obstruction of justice and each of the money laundering counts.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division and Acting Executive Special Agent in Charge Dimitriana Nikolov of the USPS Office of Inspector General’s (USPS-OIG) Special Inquiries Division made the announcement.
The USPS-OIG is investigating the case.
Trial Attorneys Trevor Wilmot and Jacob Steiner of the Criminal Divion’s Public Integrity Section (PIN) are prosecuting the case, with valuable assistance from former PIN Trial Attorney Jolee Porter.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
People’s Republic of China Citizens Sentenced to Federal Prison for Drug TraffickingRead the Press Release
Saipan, MP – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that Chun Yang and Yurong Wang, citizens of the People’s Republic of China, were sentenced by the District Court for the Northern Mariana Islands for Conspiracy to Possess Over 50 grams of Methamphetamine with the Intent to Distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1).
CHUN YANG (age 46) - Sentenced to 70 months incarceration, five years of supervised release following release, 100 hours of community service in lieu of a fine, and a $100 special assessment fee. Yang was also ordered to report to U.S. immigration officials for deportation proceedings upon release from prison.
YURONG WANG (age 50) - Sentenced to 46 months incarceration, five years of supervised release following release, 100 hours of community service in lieu of a fine, and a $100 special assessment fee. Wang was also ordered to report to U.S. immigration officials for deportation proceedings upon release from prison.
On June 21, 2022, Commonwealth of the Northern Mariana Islands (CNMI) Customs and Biosecurity Agents discovered 1,809.80 grams of methamphetamine inside of a mail parcel during a routine inspection at the U.S. Post Office on the island of Saipan. The parcel was mailed from California. Upon discovery of the methamphetamine, agents with the Drug Enforcement Administration (DEA) joined the investigation. On June 22, 2022, DEA and the CNMI Department of Public Safety (DPS) Drug Enforcement Task Force (DETF) conducted surveillance while the parcel was claimed from the post office, transported after exchanges between multiple persons and vehicles, and ultimately delivered to Wang. After receiving the package, Wang brought it to an apartment where she met Yang and Xing Rui Gao (also a PRC citizen). The three individuals intended to distribute the drugs on Saipan. They were promptly arrested after opening the package.
Gao was charged separately and pled guilty on October 4, 2023. Sentencing is scheduled for February 23, 2024. None of the defendants had lawful immigration status at the time of the offense.
“This case demonstrates the effectiveness of partnerships among Commonwealth and federal law enforcement,” stated United States Attorney Shawn N. Anderson. “A substantial amount of methamphetamine was kept out of our communities. I applaud the efforts of all involved in bringing these defendants to justice.”
“Operation Cloudy Day” was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This investigation was led by the United States Drug Enforcement Administration with cooperation from the CNMI Customs and Biosecurity Agency, the CNMI DETF, and prosecuted by Albert S. Flores, Jr., Assistant United States Attorney in the District of the Northern Mariana Islands.
Federal Court Permanently Stops City of Springfield, Illinois from Enforcing Discriminatory Ordinance and Awards Civil PenaltiesRead the Press Release
This week, a federal court in Illinois entered a permanent injunction against the City of Springfield, Illinois, prohibiting it from enforcing a local spacing ordinance that bans people with disabilities from living in homes within 600 feet of one another if the home has five or fewer residents. The court’s order follows a July 2022 trial at which a jury awarded $293,000 in damages to the home’s residents, their families and Individual Advocacy Group (IAG), the state-licensed agency that provides services to the home’s residents.
“Discriminatory zoning laws that ban people with disabilities from living in the community violate the Fair Housing Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Restrictive zoning laws and policies that prevent people with disabilities from integrating into society at large have no place in our marketplace today. The court’s decision makes clear that there are real consequences to cities and other municipalities when they unlawfully and immorally exclude people with disabilities from residential neighborhoods.”
“I commend the Justice Department’s Civil Rights Division and my office for obtaining this groundbreaking civil rights decision,” said U.S. Attorney Gregory K. Harris for the Central District of Illinois. “We will continue to ensure that the Fair Housing Act’s guarantee of equal housing and access to justice is available to all people in my district.”
In 2014, three residents with intellectual and physical disabilities moved into a single-family home in Springfield where they received community residential services from IAG. Such arrangements, known as Community Integrated Living Arrangements (CILAs), permit residents with disabilities to live in an integrated community setting rather than an institution. Even though the home was operating in compliance with state requirements, the city attempted to shut it down in 2016 by relying on a local spacing ordinance that prohibited two homes for individuals with disabilities from operating within 600 feet of one another.
The Justice Department filed suit against the City of Springfield in 2017. In 2020, the court ruled that the city had violated the FHA by enforcing the spacing ordinance against the home. In July 2022, a jury determined that the city should pay a total of $293,000: $162,000 in compensatory damages to the residents of the home and their guardians and $131,000 in compensatory damages to IAG.
The court also awarded the United States $61,982.50 in civil penalties against the city for violating the Fair Housing Act. In awarding civil penalties against the city, the court recognized that the city’s attempts to close the home and its restrictive zoning ordinance impeded the integration of people with disabilities from institutions into the community, a right guaranteed by the Supreme Court’s 1999 decision in Olmstead v. L.C. As the court explained, the civil penalty award against the City of Springfield will “make clear to municipalities that these facially discriminatory spacing rules may not be used to hinder the trend of shifting persons with disabilities from institutions to community-based residences.” The court further permanently enjoined the city from taking any action against the owners or residents of the home, ordered the city to undergo fair housing training and awarded $53,654,50 in prejudgment interest on the jury’s damages award to IAG.
The FHA prohibits discrimination in housing because of disability, race, color, religion, national origin, sex 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 they have been victims of housing discrimination may submit a report online at www.civilrights.justice.gov.
Biotech CEO Pleads Guilty to COVID-19 Securities Fraud SchemeRead the Press Release
A California man pleaded guilty yesterday to securities fraud, wire fraud, and obstruction of an official proceeding in connection with his scheme to defraud investors by making false and misleading statements about the purported development of a new, blood-based COVID-19 test, leading to millions of dollars in investor losses.
According to court documents, Keith Berman, 70, of Westlake Village, was the CEO and sole director of Decision Diagnostics Corp. (DECN), a public medical device company. Berman and DECN were in precarious financial condition in the lead up to the COVID-19 pandemic, and Berman wrote in internal emails that he needed a “new story” to “raise millions.” Additionally, Berman had spent hundreds of thousands of dollars of company money on personal expenditures, despite publicly claiming not to take any compensation. Faced with these financial difficulties, from February through December 2020, Berman engaged in a scheme to defraud investors by falsely claiming that DECN had developed a 15-second test to detect COVID-19 in a finger prick sample of blood. Despite his claims to the investing public, Berman knew that no such test existed.
Berman also falsely told investors that the Food and Drug Administration (FDA) was on the verge of approving DECN’s request for emergency use authorization of its purported COVID-19 test. In truth, Berman knew that his company was unwilling and unable to meet the clinical testing required by the FDA but concealed these material facts and misled investors.
As part of the alleged scheme, Berman used a fake persona to repeat false and misleading statements to investors on internet message boards, and to lull unsuspecting investors into inaction by refuting allegations of fraud and threatening potential whistleblowers with civil or criminal sanctions. Berman also obstructed a U.S. Securities & Exchange Commission (SEC) investigation into his conduct, using another false online identity to surreptitiously direct an investor to write a series of false and threatening letters to the highest levels of SEC management, including the SEC Chairman.
Berman pleaded guilty to one count each of securities fraud, wire fraud, and obstruction of an official proceeding. He is scheduled to be sentenced on April 12, 2024, and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group, and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
USPIS and the FBI investigated the case.
Trial Attorneys Christopher Fenton, Kate T. McCarthy, and Matthew Reilly of the Criminal Division’s Fraud Section are prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Three Men Indicted for Environmental Crimes Committed in the Jobos Bay National Estuarine Research Reserve and Las Mareas Community of Salinas, Puerto RicoRead the Press Release
A federal grand jury in the District of Puerto Rico returned two separate indictments yesterday charging three individuals for violations of the Clean Water Act. The charges relate to the illegal construction and deposit of material into the wetlands and waters of the United States in the Jobos Bay National Estuarine Research Reserve (Jobos Estuarine Reserve).
Various federal agencies are involved in this ongoing investigation into environmental crimes in the Jobos Estuarine Reserve and Las Mareas community as part of the Caribbean Environmental Crimes Task Force, including the Environmental Protection Agency Criminal Investigation Division (EPA-CID), FBI, U.S. Department of the Army Criminal Investigation Division (Army-CID), U.S. Department of Commerce, Office of Inspector General (DOC-OIG), National Oceanic and Atmospheric Administration Office of Law Enforcement (NOAA-OLE) and U.S. Fish and Wildlife Service Office of Law Enforcement (FW‑OLE).
According to the first indictment, from June 2018 to December 2023, Rafael Carballo-Díaz and Nathaniel Hernández-Claudio knowingly discharged fill material from excavation and earth moving equipment into the wetlands and waters of the United States in violation of the Clean Water Act. Carballo-Díaz operated a guesthouse business called El Cacique Resort on the property located at the southwest of Camino del Indio in the Las Mareas area of Salinas, Puerto Rico. Hernández-Claudio acted as a host and property manager at El Cacique Resort on the Property.
The second indictment charges Awildo Jiménez-Mercado with violations of the Clean Water Act and the Rivers and Harbors Act. Jiménez-Mercado knowingly discharged fill material from excavation and earth moving equipment into the wetlands and built a boat dock without authorization of the Secretary of the Army, in violation of the Rivers and Harbors Act. Jiménez-Mercado also operated a guest house business called “Hidden Paradise” on a separate property. Both El Cacique Resort and Hidden Paradise offered guests a pool, outdoor dining areas and housing units as short-term rentals.
The Clean Water Act was enacted by Congress in 1972 to protect and maintain the integrity of the waters of the United States. The Clean Water Act’s main purpose is to ensure the restoration and maintenance of the chemical, physical and biological integrity of the nation’s waters. It prohibits the discharge of any pollutant and fill material into waters of the United States except when a permit is obtained from the United States.
The Rivers and Harbors Act was originally enacted in 1899 and is generally considered the oldest environmental law in the United States. It serves to regulate and protect the navigable waters of the United States and prohibits the unpermitted construction of structures within those waters.
Both the Clean Water Act and the Rivers and Harbors Act protect the coastal waters within the Jobos Estuarine Reserve.
The Jobos Estuarine Reserve was designated as a National Estuarine Research Reserve by the National Oceanic and Atmospheric Administration (NOAA) in 1981 and is comprised of approximately 2,800 acres of coastal ecosystems in the southern coastal plain of Puerto Rico. The Jobos Estuarine Reserve contains mangrove islands, mangrove forests, tidal wetlands, coral reefs, lagoons, salt flats, dry forest and seagrass beds. It is also home to the endangered brown pelican, peregrine falcon, hawksbill turtle and West Indian manatee. The Jobos Estuarine Reserve is owned and operated by the Puerto Rico Department of Natural and Environmental Resources (PR‑DNER).
The three defendants were arrested and are scheduled to appear today before Magistrate Judge Marshal D. Morgan of the U.S. District Court for the District of Puerto Rico for their respective initial appearances. If convicted, the defendants are facing up to three years in prison for the Clean Water Act violations, fines and injunctive relief to remove violating structures. Jimenez-Mercado is also facing a maximum penalty of one year in prison for the River and Harbors Act violations.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) and U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico made the announcement.
Senior Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section and Environmental Litigation Coordinator and Assistant U.S. Attorney Seth A. Erbe for the District of Puerto Rico are prosecuting the case.
These indictments are part of an ongoing investigation that includes two indictments returned in May 2023. If you have any information related to this investigation or environmental crimes in the area, please contact enforcement officials, which may be done anonymously. The EPA can be contacted at (787) 977-5821 or at echo.epa.gov/denuncie-violaciones-ambientales. The FBI can be contacted at (787) 987-6500 or tips.fbi.gov/.
For more information on the Jobos Bay National Estuarine Reserve, please visit www.drna.pr.gov/jbnerr/ or coast.noaa.gov/nerrs/reserves/jobos-bay.html.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Readout of Justice Department Participation in the 2023 White House Tribal Nations SummitRead the Press Release
Attorney General Merrick B. Garland and other senior Justice Department officials today participated in the 2023 White House Tribal Nations Summit. The summit reiterated the importance of Nation-to-Nation relationships and provided an opportunity for members of the administration to discuss key issues that the Tribal Nations face.
Attorney General Garland provided updates on the Department’s work over the past year on issues unique to Tribal communities and how the Department’s broader work is taking into account Tribal interests. In his remarks, he announced that the U.S. Marshals Service has developed a legislative proposal to formalize its role in enforcing Tribal violent felony arrest warrants, which would expand the practice that the Marshals Service has piloted over the last year to serve Tribal warrants at the request of, and in close coordination with, Tribal law enforcement and the Department’s Office of Tribal Justice. He highlighted how the Department has expanded the Tribal Access Program, supporting 132 Tribes and over 450 Tribal government agencies, and has significantly increased the number of Assistant U.S. Attorneys dedicated to Indian Country prosecutions. He also discussed the Department’s efforts to combat the fentanyl crisis in close coordination with Tribal law enforcement partners. In addition, Attorney General Garland provided an update on the Justice Department’s lawsuit against the owners and operators of a hotel and bar in South Dakota for violating the Civil Rights Act of 1964. And he reaffirmed the Department’s commitment to working alongside Native American communities to fulfill the promise of equal protection under the law.
Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta participated in a Nation-to-Nation Talk with Tribal leaders, along with Assistant Attorney General Todd Kim of the Environment and Natural Resources Division, Director Tracy Toulou of the Office of Tribal Justice, and Acting Principal Deputy Assistant Attorney General Brent Cohen of the Office of Justice Programs. These officials discussed a number of public-safety and justice issues with Tribal leaders, including special Tribal criminal jurisdiction, the Missing and Murdered Indigenous Persons crisis, law enforcement partnerships, and accessing funding and resources. Deputy Attorney General Monaco underscored the Justice Department’s commitment to working in partnership with Tribal law enforcement, including through the Tribal Special Assistant United States Attorney initiative and funding opportunities through the Office of Violence Against Women to support special Tribal criminal jurisdiction.
Associate Attorney General Gupta announced that the Environment and Natural Resources Division has established a dedicated email inbox for Tribal leaders to contact the Justice Department with litigation-related inquiries. She also described ongoing efforts to streamline the grantmaking process for Tribes and to explore the possibility of enhancing public safety in Tribal communities through Tribal compacting.
Associate Attorney General Gupta also spoke at a panel entitled “Substance Use and Mental Health in Tribal Communities,” alongside Tribal leaders and other senior administration officials. She emphasized the Justice Department’s commitment to supporting Tribal solutions for Tribal problems, and described how her meetings with Tribal leaders, including in Minnesota and Alaska earlier this year, have highlighted the importance of supporting Healing-to-Wellness Courts and other comprehensive services to address substance abuse and addiction in Tribal communities.
Associate Attorney General Gupta outlined ongoing efforts by the Justice Department’s grantmaking offices to make grants more readily accessible to Tribal communities, including through the Coordinated Tribal Assistance Solicitation, which will be open in December 2023, and the Department’s Directory of Tribal Grants. She concluded by reaffirming the Justice Department’s commitment to supporting Tribes’ efforts not only in enforcement but also in prevention, support, recovery, and healing.
Yesterday, Director Rosie Hidalgo of the Office on Violence Against Women joined U.S. Attorney Alison J. Ramsdell for the District of South Dakota and Executive Assistant Director Timothy Langan Jr. of the FBI’s Criminal, Cyber, Response and Services Branch on a panel entitled “Next Steps to Address the Crisis of MMIP.” Director Hidalgo highlighted OVW’s commitment to addressing the crisis of Missing or Murdered Indigenous Persons. Additionally, she announced that OVW released its first Notice of Reimbursement under the new Tribal Reimbursement Program, established in VAWA 2022, for expenses incurred in exercising special Tribal criminal jurisdiction over non-Indians who commit certain covered crimes in Indian country.
Machineguns, Long and Short-Barrel Rifles, Handguns, Ammunition Seized in Project Safe Neighborhoods Investigations and ArrestsRead the Press Release
PROVIDENCE – The United States Attorney’s Office has filed charging documents in federal court in three separate Project Safe Neighborhood cases, involving possession of a machine gun in furtherance of drug trafficking and illegal possession of an array of illicit firearms, including multiple machine guns, eleven silencers, three AR-15 rifles, two long-barrel and three short-barrel rifles, as well as dozens of firearm magazines and various rounds of ammunition, announced United States Attorney Zachary A. Cunha.
“Every illegal firearm loose in our communities is one too many, particularly when it comes to illicit automatic weapons that can inflict carnage on our families and neighbors with a single pull of the trigger,” remarked U.S. Attorney Cunha. “Combatting the proliferation of illegal firearms and keeping guns out of the hands of felons remains a core priority of this Office. These charges represent superb work by the ATF, HSI, USPIS and our local law enforcement colleagues, and reflect our resolve to keep illegal guns off Rhode Island’s streets and out of our communities.”
Brendan Farley
Smithfield, RI
On December 6, 2023, a federal criminal complaint was filed charging Brendan Farley, 39, of Smithfield, with possession of a firearm by a felon, possession of ammunition by a felon, and possession of unregistered firearm silencers.
According to charging documents, it is alleged that on November 29, 2023, United Parcel Service notified Homeland Security Investigations of a suspicious package in the mail stream addressed to Farley. An inspection of the contents of the package allegedly revealed several firearm components used to build or repair an AK-47 rifle. A further check by United Parcel Service indicated that 45 parcels were delivered to Farley’s residence between December 2022 and November 2023, of which at least sixteen were shipped from various firearm or firearm-related part vendors.
Homeland Security Investigations determined that Farley had previously been convicted on state felony firearm and narcotics charges and therefore is prohibited from receiving or possessing a firearm or ammunition.
On December 6, 2023, Homeland Security Investigations executed a court-authorized search of Farley’s residence and vehicle and, from his residence, seized an AR-15 fully automatic machinegun; AR-15 style rifle, AR-15 shotgun, five handguns, and two short-barrel rifles; eleven firearm suppressors or silencers, two of which were attached to firearms; two AR-15 lower receivers and various parts for an AK-47 rifle; 32 firearm magazines; and various supplies used to construct and/or repair firearms. Most of the firearms were privately made firearms, otherwise known as “ghost guns,” that bore no serial numbers or other manufacturer markings.
From Farley’s vehicle agents seized two firearm magazines, including a drum-style magazine.
The investigation was conducted by Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Warwick Police Department, Providence Police Department, Pawtucket Police Department Portsmouth Police Department and Smithfield Police Department.
Jose Marrero
Woonsocket, RI
On December 6, 2023, a federal grand jury returned an indictment charging Jose Marrero, 35, of Woonsocket, with two counts of possessing a machine gun in furtherance of a drug trafficking crime, possession of a firearm in furtherance of drug trafficking, two counts of possession of a firearm by a prohibited person, and one count each of possession with intent to distribute 40 grams or more of fentanyl and possession with intent to distribute cocaine.
According to charging documents and information presented to the court, as part of an ongoing Project Safe Neighborhoods investigation into Marrero’s alleged illegal possession of firearms, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents executed a court-authorized search of Marrero’s residence and located two loaded firearms and assorted ammunition. The items were allegedly located on a bookshelf in a bedroom where two young children were asleep in cribs.
A semi-automatic firearm with a machinegun conversion device affixed to it, converting it into a machinegun, a semi-automatic handgun, assorted ammunition, fentanyl, and cocaine was also seized as result of this investigation.
According to court documents, it is alleged that the some of the firearms seized by law enforcement are identical to some firearms allegedly displayed by Marrero on a social media account he controlled.
According to court records, Marrero was convicted twice previously in Rhode Island state court on felony drug trafficking charges.
This matter was investigated by ATF, members of the ATF Violent Crime Task Force with substantial assistance from the Massachusetts State Police, and the Woonsocket and central Falls Police Department.
Joshua Pavao
Coventry, RI
On December 6, 2023, Joshua Pavao, 43, who frequently resides in Coventry, was charged by way of a criminal complaint with four counts of unlawful possession of a machinegun and four counts of possession of an unregistered firearm.
It is alleged in charging documents that Coventry Police Department and East Providence Police Detectives and ATF agents discovered eight long guns, including four machine guns, inside a duffel bag belonging to Pavao that was found stored inside a garage of the Coventry residence where he frequently resided.
The discovery of the firearms followed the arrest of Pavao by East Providence Police on state charges brought as the result of an investigation into a December 1, 2024 incident that included reports of shots fired; a car chase resulting in several motor vehicle crashes; as well as the discovery of three loaded firearms, 81 loaded rifle magazines, and a multitude of ammunition inside a vehicle driven by Pavao.
Federal criminal complaints and indictments are merely accusations. A defendant is presumed innocent unless and until proven guilty.
Brendan Farley is being prosecuted by Assistant U.S. Attorney Ronald R Gendron; Jose Marrero is being prosecuted by Assistant U.S. Attorney Christine D. Lowell; Joshua Pavao is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
These cases have been brought as part of Project Safe Neighborhoods (PSN) ongoing investigations. PSN brings together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Justice Department Secures Agreement with Florida Restaurant to Resolve Claims of Employment DiscriminationRead the Press Release
The Justice Department announced today that it secured a settlement agreement with OSI/Fleming’s LLC, which owns and operates the Fleming’s Prime Steakhouse & Wine Bar (Fleming’s) restaurant in Sandestin, Florida. The agreement resolves the department’s determination that Fleming’s violated the Immigration and Nationality Act (INA) by discriminating against a lawful permanent resident when checking whether he had ongoing permission to work.
“Employers that discriminate against workers by rejecting their valid documents or requiring that they show unnecessary documents to prove they can continue to work violate federal law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold employers accountable for unlawfully discriminating against workers because of citizenship, immigration status or national origin.”
After opening an investigation based on a worker’s complaint, the department concluded that Fleming’s discriminated against a lawful permanent resident by rejecting the valid documents the worker originally provided and unnecessarily requiring him to present a document with an expiration date to prove his citizenship status. When he failed to do so, Fleming’s fired him, according to the department. Federal law allows workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. Employers cannot demand more documents than are necessary or specify documentation they prefer to see as part of this process.
After the department started its investigation, Fleming’s rehired the worker and paid him lost wages. Under the agreement, Fleming’s will pay a civil penalty to the United States, train its human resources staff on the INA’s requirements and provide an alternative way of accepting a worker’s documentation if the company’s software will not accept a worker’s valid documentation.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits employment discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
Find more information on how employers can avoid discrimination when verifying someone’s permission to work on IER’s website. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a live webinar or watch an on-demand presentation or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
fnl_-_executed_settlement_agreement_flemings_redacted_ocred.pdfHeritage-Crystal Clean LLC to Pay More Than $1.1 Million in Penalties and Implement Compliance Measures for Violations of Hazardous Waste RegulationsRead the Press Release
Today, the Justice Department and U.S. Environmental Protection Agency (EPA) announced a settlement with Heritage-Crystal Clean LLC (HCC) to resolve pending claims of the United States on behalf of the EPA, the Louisiana Department of Environmental Quality (LDEQ) and the State of Indiana for violations of requirements governing management of hazardous waste, as well as a violation of used oil management requirements, at current or former HCC facilities located in Indianapolis; Shreveport, Louisiana; Atlanta; Fairless Hills, Pennsylvania and Denver. Under the settlement, HCC commits to pay civil penalties totaling $1,162,500 and to implement various measures to ensure that HCC facilities will not treat, store or dispose of parts-washing solvents that qualify as hazardous waste unless and until HCC receives a hazardous waste permit authorizing it to manage hazardous waste. Plaintiffs estimate that the compliance measures required under the settlement will cost at least $1,628,502.
“While federal law encourages responsible recycling of hazardous waste, recyclers must still comply with legal requirements designed to ensure the health and safety of our communities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This settlement reflects our commitment to ensuring that hazardous waste recycling operations are conducted in accordance with the Resource Conservation and Recovery Act and its regulations.”
“Companies that manage hazardous wastes for other companies are required to ensure that those wastes are handled properly, which Heritage Crystal Clean repeatedly failed to do,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “EPA is committed to fair and robust enforcement of our hazardous waste laws to ensure that our communities and the environment are protected from mismanaged hazardous wastes.”
In January 2022, a 21-count complaint was filed against HCC in federal district court in the Northern District of Illinois under the Resource Conservation and Recovery Act (RCRA) and applicable state law. The complaint states that in the course of providing parts-washing services to customers throughout the United States, HCC accepted some used solvent that qualified as hazardous waste, but HCC did not transport and manage those solvents in accordance with applicable hazardous waste management requirements. In particular, the complaint states that HCC (1) transported hazardous waste without required hazardous waste manifests, (2) stored hazardous waste at various HCC facilities without required permits, (3) failed to make required hazardous waste determinations after mixing used solvents from different parts-washing customers, (4) failed to comply with certain requirements for reducing air emissions from certain hazardous waste tanks and equipment, and (5) failed to maintain adequate secondary containment for certain hazardous waste tanks. The complaint alleges that some used solvents managed by HCC were hazardous waste because HCC needed to subject the material to systematic gravity separation to make the used material suitable for resale. Plaintiffs contend HCC evaded hazardous waste requirements by improperly claiming that the unusable solvents were products instead of wastes.
As part of the settlement, HCC must perform compliance measures at multiple HCC facilities to achieve and maintain compliance with RCRA. As one element of the compliance program, the proposed settlement requires HCC to implement measures to ensure one type of used solvent referred to by HCC as “106 solvent” is acceptable for re-use without prior reclamation and that it is legitimately reused. The settlement will also prohibit gravity separation (removing water and solids while recovering the valuable solvent component) of used 106 solvent in order to meet re-use solvent customer product specifications or to otherwise render the material suitable for reuse. Used solvents that are legitimately reused for their solvent properties without prior reclamation are not subject to regulation as hazardous waste.
Another central element of the proposed settlement is a sampling program to determine whether another type of parts-washing solvent – referred to by HCC as “142 solvent” – exhibits hazardous waste characteristics. HCC must promptly remove from its facilities any 142 solvent drums and consolidation containers that exhibit hazardous waste characteristics, and HCC must thereafter manage such characteristic wastes in accordance with applicable hazardous waste management requirements.
The proposed settlement also requires HCC to apply for a RCRA permit at its Indianapolis facility. Pending issuance of the permit and construction of certain hazardous waste management units, the settlement requires HCC to implement specified interim measures at the Indianapolis facility, including frequent inspections of tanks and containers, as well as elimination of open venting of tanks containing used 142 solvent.
Finally, the proposed settlement includes numerous other provisions, including provisions that require HCC to distribute educational materials to parts-washing customers in specified circumstances, and provisions for HCC to retain a third party to conduct audits at designated HCC facilities to ensure future compliance.
The five HCC facilities included in this settlement are recognized by EPA to be located within communities with potential environmental justice concerns. Nearby communities will benefit from the improved controls and new work practices that will be implemented at HCC facilities as required by the consent decree. These new controls and practices will reduce emissions of volatile organic compounds (VOCs) and reduce risk of exposure to hazardous wastes managed at these facilities.
The proposed consent decree, lodged in the U.S. District Court for the Northern District of Illinois, is subject to a 30-day federal public comment period and approval by the federal court. The consent decree can be viewed on the Justice Department's website at www.justice.gov/enrd/consent-decrees.
For more information about this settlement, please visit Heritage-Crystal Clean LLC Settlement Information Sheet on EPA’s web page.
EPA is investigating the case.
Attorneys from ENRD’s Environmental Enforcement Section are prosecuting the case.
Grand Jury Returns Indictment Charging Robert Hunter Biden with Three Felony Tax Offenses and Six Misdemeanor Tax OffensesRead the Press Release
A federal grand jury returned a nine-count indictment today charging Robert Hunter Biden (Hunter Biden) with three felony tax offenses and six misdemeanor tax offenses.
According to the indictment, Hunter Biden engaged in a four-year scheme in which he chose not to pay at least $1.4 million in self-assessed federal taxes he owed for tax years 2016 through 2019 and to evade the assessment of taxes for tax year 2018 when he filed false returns. As alleged in the indictment, to further this scheme, Hunter Biden:
- subverted the payroll and tax withholding process of his own company by withdrawing millions outside of the payroll and tax withholding process;
- spent millions of dollars on an extravagant lifestyle rather than paying his tax bills;
- in 2018, stopped paying his outstanding and overdue taxes for tax year 2015;
- willfully failed to pay his 2016, 2017, 2018 and 2019 taxes on time, despite having access to funds to pay some or all of these taxes;
- willfully failed to file his 2017 and 2018 tax returns, on time; and
- when he did finally file his 2018 returns, included false business deductions in order to reduce the very substantial tax liability he faced as of February 2020.
The indictment charges Hunter Biden with the following offenses:
COUNT
STATUTE
OFFENSE
TAX YEAR AND FILING
1
26 U.S.C. § 7203
failure to pay
2016 Form 1040 for Hunter Biden
2
26 U.S.C. § 7203
failure to pay
2017 Form 1040 for Hunter Biden
3
26 U.S.C. § 7203
failure to file
2017 Form 1040 for Hunter Biden
4
26 U.S.C. § 7203
failure to pay
2018 Form 1040 for Hunter Biden
5
26 U.S.C. § 7203
failure to file
2018 Form 1040 for Hunter Biden
6
26 U.S.C. § 7201
tax evasion (felony)
2018 Form 1040 for Hunter Biden
7
26 U.S.C. § 7206
filing a false return (felony)
2018 Form 1040 for Hunter Biden
8
26 U.S.C. § 7206
filing a false return
(felony)
2018 Form 1120 for Hunter Biden’s company, Owasco, PC
9
26 U.S.C. § 7203
failure to pay
2019 Form 1040 for Hunter Biden
If convicted, he faces a maximum penalty of 17 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
The investigation is ongoing.
David C. Weiss, Special Counsel, made the announcement.
Court documents and information for this case is located on the website of the District Court for the Central District of California or on PACER by searching for Case No. 2:23-cr-00599.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
IndictmentFlorida Man Found Guilty of Trafficking Migratory Birds After Five Others SentencedRead the Press Release
A federal jury in the Middle District of Florida last week convicted a Florida man of three counts of trafficking migratory birds.
Ernesto Gonzalez Campos is the most recent conviction in “Operation Ornery Birds II,” which has resulted in five other defendants being sentenced in the Middle District of Florida. Operation Ornery Birds II was a Florida-wide investigation conducted by the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission.
Painted bunting, Exhibit 36 in case 8:22-cr-00287.According to court documents and evidence presented at trial, Campos, 36, of Brandon, Florida, had engaged in the ongoing capture, sale and trade of protected migratory songbirds. On at least three occasions in 2020 and 2021, Campos sold and traded indigo buntings, painted buntings, rose-breasted grosbeaks and blue grosbeaks, all of which are protected by the Migratory Bird Treaty Act (MBTA). Campos trapped the birds from the wild, and once they were tamed, was able to sell them within the songbird community.
Prior to Campos’ conviction, five other Florida individuals pleaded guilty and were sentenced in U.S. District Court in Tampa. The defendants admitted to buying, selling or bartering a variety of MBTA-protected birds, all highly prized for their colorful plumage and singing abilities. The defendants acquired the protected wildlife through a variety of means, including the employment of baited bird traps and the barter, purchase and sale of specimens among like-minded individuals in person and internet sales sites frequented by traffickers. The following individuals were sentenced:
- Jorge Luis Mena Graveram Sr., 59, of St. Petersburg, was sentenced on Aug. 8 to time served, one year of supervised release and a $200 fine.
- Eliernesto Baez Garcia, 29, of St. Petersburg, was sentenced on Aug. 14 to time served, one year of supervised release and a $200 fine.
- Ariam Rodriguez Diaz, 32, of Ocala, was sentenced on Aug. 18 to one year of probation and a $1,000 fine.
- Jorge Alberto Gonzalez-Gonzalez, 57, of Tampa, was sentenced on Sept. 6 to one year of probation and a $1,000 fine.
- Adrian Michel Ortega Rodriguez, 42, of Tampa, was sentenced on Sept. 11 to one year of probation and a $500 fine.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD), U.S. Attorney Roger B. Handberg for the Middle District of Florida, Assistant Director Edward Grace of the USFWS Office of Law Enforcement and Lt. Col. Randy Bowlin of the Florida Fish and Wildlife Conservation Commission made the announcement.
The USFWS and the Florida Fish and Wildlife Conservation Commission investigated the case.
Assistant U.S. Attorney Ilyssa M. Spergel for the Middle District of Florida prosecuted the above defendants. Assistant U.S. Attorney Spergel and Senior Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section prosecuted the case against Campos.
El Departamento de Justicia llega a un acuerdo con un restaurante de Florida para resolver unas acusaciones de discriminación en el empleoRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con OSI/Fleming’s LLC, propietaria y operadora del Fleming’s Prime Steakhouse & Wine Bar restaurante (Fleming’s) en Sandestin, FL. El acuerdo resuelve la determinación del Departamento que Fleming’s vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar a un residente permanente legal cuando verificó si contaba con un permiso continuo para trabajar.
«Aquellos empleadores que discriminan a los trabajadores, rechazando sus documentos válidos o exigiendo que muestren documentos innecesarios para demostrar que pueden seguir trabajando, están vulnerando las leyes federales», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá responsabilizando a los empleadores de discriminar ilegalmente a los trabajadores debido a su ciudadanía, estatus migratorio o nacionalidad de origen».
Después de abrir una investigación basada en la queja de un trabajador, el Departamento concluyó que Fleming’s discriminó a un residente permanente legal al rechazar los documentos válidos que el trabajador originalmente proporcionó y exigir, de forma innecesaria, que presentara un documento con una fecha de vencimiento para demostrar su estatus de ciudadanía. Según el Departamento, cuando no lo hizo, Fleming’s lo despidió. Las leyes federales permiten a todos los trabajadores elegir la documentación válida y legalmente aceptable que desean presentar para demostrar su identidad y permiso para trabajar, independientemente de su estatus de ciudadanía, estatus migratorio o nacionalidad de origen. Los empleadores no pueden exigir más documentos de los necesarios o especificar la documentación que prefieren ver como parte de este proceso.
Después de que el departamento comenzara su investigación, Fleming’s volvió a contratar al trabajador y le pagó los salarios perdidos. En virtud del acuerdo, Fleming’s pagará una sanción civil a los Estados Unidos, capacitará a su personal de recursos humanos sobre los requisitos de la INA y proporcionará una forma alternativa de aceptar la documentación de un trabajador si el software de la empresa no acepta la documentación válida de un trabajador.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Puede obtener más información sobre cómo los empleadores pueden evitar la discriminar al verificar el permiso para trabajar de alguien en el sitio web de la IER. Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1‑800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito o visualizar una presentación a la carta; o visitar los sitios web de la IER en inglés y español. Suscribirse a actualizaciones por correo electrónico de la IER.
fnl_-_executed_settlement_agreement_flemings_redacted_ocred.pdfBrooklyn Hospital Dietician Found Guilty of Filing False Tax Returns and Obstructing the IRSRead the Press Release
A federal jury convicted a New York woman today of filing and aiding in the filing of false tax returns, obstructing the IRS and willfully failing to file tax returns.
According to court documents and evidence presented at trial, Ehrenfriede Kauapirura worked at a Brooklyn hospital as a dietician. Kauapirura filed a false amended 2015 tax return and a false original 2016 tax return. On both returns, Kauapirura reported hundreds of thousands of dollars in fictitious tax withholdings that she used to claim refunds of approximately $250,000 for each year, which the IRS paid her.
The evidence at trial proved that after determining that Kauapirura’s claims were fraudulent, the IRS began collection activity to recoup the funds it paid her. To thwart the IRS’s collection efforts, Kauapirura transferred money from her personal bank account to a bank account that she controlled held in the name of a purported trust. Kauapirura also submitted a bogus $1 million dollar check drawn on a non-existent bank as payment of her tax obligations. In addition, Kauapirura did not file individual tax returns with the IRS for the years 2017 through 2020, despite earning substantial income from her job at the hospital.
Kauapirura is scheduled to be sentenced on March 7, 2024, and faces a statutory maximum sentence of three years in prison for each false return and obstruction count and one year in prison for each count of willful failure to file a tax return. The defendant also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS Criminal Investigation is investigating the case.
Trial Attorneys Kenneth C. Vert and Michael C. Vasiliadis of the Tax Division are prosecuting the case.
White House Legal Aid Interagency Roundtable Issues ReportRead the Press Release
Today, Attorney General Merrick B. Garland and White House Counsel Ed Siskel co-chaired a convening of the Legal Aid Interagency Roundtable (LAIR) where they announced the issuance of the 2023 LAIR Report, entitled Access to Justice in Federal Administrative Proceedings: Nonlawyer Assistance and Other Strategies. The Justice Department’s Office for Access to Justice facilitated the convening, which also featured remarks from Associate Attorney General Vanita Gupta, as well as the publication of the report, in accordance with the office’s directive to staff and direct the work of LAIR at the direction of the co-chairs.
“There cannot be equal justice without equal access to justice,” said Attorney General Garland. “But the complexity of administrative processes can interfere with access to government programs and services. The Legal Aid Interagency Roundtable’s 2023 Report identifies important strategies for addressing these barriers to promote just outcomes for the people and communities that federal agencies serve.”
The report highlights agency accomplishments and commitments in furtherance of LAIR’s mission to “increase the availability of meaningful access to justice for individuals and families, regardless of wealth or status.” It describes challenges individuals face in federal administrative proceedings to access government benefits or services, remedy rights violations or resolve disputes. The report also sets forth strategic solutions and highlights the work of LAIR’s 28 federal agency members to address these barriers.
“Community-focused alternative legal assistance models are an important way to augment the reach of legal aid providers,” said Associate Attorney General Gupta during the convening. “LAIR’s work reveals that many federal agencies have long utilized this type of innovative assistance — facilitating both attorney and non-attorney help to expand access to a wide range of federal government programs and resources.”
To help address these challenges, LAIR identifies two overarching strategies through the report:
- Continue to develop and implement simplification strategies in administrative proceedings, building on LAIR’s 2022 work on people-centered simplification of government forms, processes, and language to increase access to government programs and reduce the need for legal help.
- Increase representation and assistance by lawyers and nonlawyers for people in administrative proceedings.
The report provides examples of LAIR agency activities supporting nonlawyer assistance and offers ways that agencies can make assistance available to more people by addressing accreditation, providing clear guidance on the allowability of nonlawyers, conducting targeted outreach, providing training resources, and funding nonlawyer programs alongside legal service programs. The report also shares LAIR agencies’ work supporting global efforts to advance access to justice in administrative proceedings.
“The Office for Access to Justice is committed to engaging with and learning from communities that are seeking access to government programs and services, as well as working with the legal aid and community service providers as trusted intermediaries,” said Office for Access to Justice Director Rachel Rossi. “Through LAIR’s work, we can better understand where barriers exist and identify persistent or recurring problems that affect impacted, underserved, and historically marginalized communities.”
At the convening, in addition to Attorney General Garland and Associate Attorney General Gupta, remarks were provided by the Second Gentleman of the United States, Douglas Emhoff. The roundtable, moderated by Director Rossi, also featured several LAIR agency principals and high-level officials from the Departments of Defense, Education, Transportation, Interior, Health and Human Services, Homeland Security, Labor, State, and Veterans’ Affairs as well as the Administrative Conference of the United States, Equal Employment Opportunity Commission, Social Security Administration, Consumer Financial Protection Bureau, Office of Management and Budget, United States Digital Service, AmeriCorps, Environmental Protection Agency, Federal Communications Commission, Federal Trade Commission, National Science Foundation, Legal Services Corporation, and United States Agency for International Development.
During the convening, agency principals and high-level officials discussed their activities and recent accomplishments to address access to justice challenges experienced by the people they serve and reaffirmed their commitment to collaborative efforts to mobilize resources and develop access to justice solutions.
LAIR is co-chaired by Attorney General Merrick B. Garland and White House Counsel Ed Siskel. It convenes 28 federal agencies and offices to improve coordination among federal programs and increase availability of meaningful access to justice for individuals and families, regardless of wealth and status. Through interagency collaboration and stakeholder engagement, LAIR develops policy recommendations that improve access to justice in federal, state, local, Tribal, and international jurisdictions; advances relevant evidence-based research, data collection, and analysis of civil legal and indigent defense; and promulgates best practices. Additionally, LAIR assists with implementation of Goal 16 of the United Nation’s 2030 Agenda for Sustainable Development to promote peaceful and inclusive societies for sustainable development and provide access to justice for all. The Office for Access to Justice houses the Executive Director of LAIR, Allie Yang-Green, and staffs and directs LAIR’s work.
Justice Department Announces Proposed Revision of Application for Presidential PardonsRead the Press Release
Today, Attorney General Merrick B. Garland announced the Justice Department’s proposed revision of the application for presidential pardons for those who have completed their federal sentences. The Attorney General made the announcement during remarks at a convening of the White House Legal Aid Interagency Roundtable. Over the past year, the department’s Office of the Pardon Attorney (Pardon) has coordinated with the Office for Access to Justice (ATJ) to make the first major revisions to the application form in decades.
The revision is aimed at making the form more user-friendly and accessible. Pardon and ATJ extensively engaged with applicants, advocates, and stakeholders, and the revisions implement their important feedback. In revising the form, Pardon and ATJ have utilized a human-centered design approach and best practices in form design, incorporating access to justice principles and research. The revisions reflect ongoing work to expand access to justice through a department-wide effort to simplify public-facing forms and documents, consistent with the recommendations described in the 2022 and 2023 Legal Aid Interagency Roundtable Reports.
Notable changes to the proposed form include:
- Eliminating the requirement for notarized signature pages, to reduce the burden on applicants and their character references;
- Asking for less information about applicants’ histories, to streamline the application and make it easier to complete;
- Reframing questions using plain language and eliminating legal jargon; and
- Adding user-focused resources, including enhanced instructions and explanations, a checklist for completion and a table of contents.
Notice regarding the proposed revisions has been published in the Federal Register, and Pardon invites the public’s input on ways to continue to improve. Comments can be submitted through Jan. 16, 2024. The final form will be made available in the spring.
Pardon applications already submitted using the current form need not be resubmitted using the new form. Pardon will continue to process any application received using either form.
ATJ will continue to collaborate with Justice Department components to embed simplification principles and expand access to programs and activities across the department. To learn more about ATJ’s work, please visit the ATJ website. Updates on the work of the Pardon Attorney, or to learn more about the work of the Office of the Pardon Attorney, can be found at Office of the Pardon Attorney | Office of the Pardon Attorney (justice.gov).
Three Military Contractors Sentenced in Procurement Fraud SchemeRead the Press Release
A federal judge in the Northern District of Georgia has sentenced three military contractors for their roles in a multi-year procurement fraud scheme related to more than $7 million in federal government contracts.
Former Envistacom LLC president and co-founder Alan Carson was sentenced on Nov. 30 to six months in prison and two years of supervised release and was ordered to pay a criminal fine of $250,000. The owner of another company, Philip Flores, was sentenced on Oct 30 to four months in prison and two years of supervised release and was ordered to pay a criminal fine of $50,000; and former Envistacom vice president Valerie Hayes was sentenced on Dec. 1 to 12 months of home confinement with three years of probation, and ordered to complete 100 hours of community service.
A federal jury previously convicted the three individuals of conspiring to defraud the United States and committing major fraud. According to court documents and evidence presented at trial, the three military contractors prepared and procured sham quotes and fraudulently prepared procurement documents.
“When contractors defraud the federal government, they undermine the integrity of the federal contracting system,” said Deputy Assistant Attorney General Manish Kumar of the Justice Department’s Antitrust Division. “These sentencings send a clear message that the Antitrust Division and its law enforcement partners will not tolerate procurement fraud.”
“The defendants served as federal contractors with a duty to lawfully act on behalf of the government,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “Instead, these executives chose to defraud the United States and are now being held accountable for their actions by serving prison sentences and paying substantial fines.”
“These sentencings should serve as a deterrent to any company or individual seeking to subvert the government procurement system to obtain contracts,” said Special Agent in Charge Darrin K. Jones of the Department of Defense (DoD) Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southeast Field Office. “DCIS, along with our law enforcement partners, remain committed to protecting the integrity of the DoD contracting process that supports our nation’s warfighters.”
“These sentencings should serve as a stark reminder that our agents, and those of our partner law enforcement agencies, are relentless in their pursuit of those who choose to defraud the government,” said Special Agent in Charge Andrew Johnson of the Department of the Army Criminal Investigation Division’s (Army CID) Fraud Field Office.
The Justice Department’s Antitrust Division’s Washington Criminal II Section, the U.S. Attorney’s Office for the Northern District of Georgia, Army CID and DCIS investigated the case.
Trial Attorney Brittany E. McClure of the Justice Department’s Antitrust Division and Assistant U.S. Attorney Christopher J. Huber for the Northern District of Georgia prosecuted the case.
Anyone with information about this investigation or other procurement fraud schemes should notify the Procurement Collusion Strike Force (PCSF) at www.justice.gov/atr/webform/pcsf-citizen-complaint. The Justice Department created the PCSF in November 2019. It is a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. For more information, visit www.justice.gov/procurement-collusion-strike-force.