District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Readout of Reproductive Rights Task Force MeetingRead the Press Release
On Monday, Dec. 4, the Reproductive Rights Task Force (RRTF) provided a briefing to Attorney General Merrick B. Garland and Task Force Chair Associate Attorney General Vanita Gupta on the Department’s work to protect reproductive freedom under federal law. The RRTF was created in July 2022, following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, to formalize the Department’s ongoing work to protect reproductive rights.
“The Justice Department has been working to defend the reproductive freedoms that are protected by federal law,” Attorney General Garland said during his remarks. “As part of that work, we are continuing to vigilantly monitor state laws and enforcement actions that threaten to infringe on women’s reproductive rights.”
“There is no understating the devastation wrought by the Dobbs decision,” Associate Attorney General Gupta said in her remarks. “Our work on these matters is doubtless ongoing, but we remain committed to doing all we can to defend the constitutional right to travel, among other federal protections for reproductive freedom.”
The RRTF provided updates on the recent work of the Civil Division and the Office of the Solicitor General to defend reproductive rights in court, including by filing a statement of interest to protect the right to travel, defending the Food and Drug Administration’s expert decisions regarding the abortion drug mifepristone, and ensuring that women receive the emergency care to which they are entitled under the Emergency Medical Treatment and Labor Act. The RRTF also described the Civil Rights Division’s recent work enforcing the Freedom of Access to Clinic Entrances Act, under which the Department has brought 24 cases against 55 defendants resulting in 23 convictions since January 2021; the Office of Legal Counsel’s work advising federal agencies as they consider policies and actions to preserve access to reproductive services; and the work of the Office of Legislative Affairs to assist Congress in drafting legislation to codify reproductive rights. The RRTF also discussed challenges ahead and expected work in the new year.
The Task Force will continue to work in the new year to protect reproductive rights and access.
Attorney General Garland and Associate Attorney General Gupta give remarks at convening of the Reproductive Rights Task Force Meeting.Read Attorney General Garland’s full remarks here, and Associate Attorney General Gupta’s remarks here.
Minneapolis-Area Attorney Pleads Guilty to Employment Tax CrimesRead the Press Release
A Minnesota man pleaded guilty today to willfully failing to pay to the IRS employment taxes withheld from the wages of his law firm’s employees.
According to court documents and statements made in court, in 2013 and 2015 through 2019, Kassius Orlando Benson owned and operated Kassius Benson Law P.A., a law practice in Hennepin County, Minnesota. During each of these years, Benson’s firm had employees, paid them wages and withheld income and Social Security and Medicare taxes from their wages. Benson, however, despite knowing of his obligation to do so, did not file the legally-required quarterly employment tax returns or pay the withholdings to the IRS. In total, he caused a tax loss to the IRS of approximately $213,000.
Benson is scheduled to be sentenced on April 23, 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 made the announcement.
IRS Criminal Investigation is investigating the case.
Assistant Chief Matthew J. Kluge of the Tax Division is prosecuting the case.
Justice Department Files Statement of Interest in Religious Land Use Case Involving Orthodox Jewish CongregationRead the Press Release
The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey filed a statement of interest today explaining that an Orthodox Jewish congregation’s claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA) are ready to be decided in federal court.
“RLUIPA is designed to ensure that religious groups of all faiths do not face unjust barriers when seeking to establish places to worship,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Local land use boards cannot unfairly or discriminatorily deny a religious group’s application to use land for religious purposes. When local officials use the guise of zoning restrictions to block or restrict religious groups, this not only contravenes our nation’s commitment to religious freedom, it also violates federal law.”
“The U.S. Attorney’s Office is committed to ensuring that all religious communities in our District have the ability to worship freely and without discrimination,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “We will continue our work to enforce RLUIPA, and to ensure that local boards apply the law fairly and correctly so that communities of faith may exercise their fundamental rights and that their land use applications are not unlawfully denied on the basis of their religion or in a manner that unlawfully burdens the free exercise of religion.”
The statement of interest was filed in Chai Center for Living Judaism v. Township of Millburn, as part of a lawsuit centering around an Orthodox Jewish congregation’s application to build a synagogue that was denied. The lawsuit alleges that denial of the application imposed a substantial burden on the congregation’s religious exercise, discriminated against the congregation based on its religion, unreasonably limited its religious assembly and treated it worse than comparable secular uses.
The lawsuit also alleges that certain parts of the township’s land-use regulations, including its requirement that houses of worship be located on lots at least three-acres in size, violate RLUIPA. The township filed a motion, arguing that the RLUIPA claims should be dismissed based on a state-law standard used by New Jersey state courts in reviewing zoning decisions. The motion also argues that the RLUIPA claims are not ready to be heard in federal court because the zoning denial was based on procedural grounds.
The statement of interest explains that the congregation’s claims must be evaluated based on the statutory elements laid out in RLUIPA, and that state-law standards of review do not apply to RLUIPA claims. The statement of interest also argues that the congregation’s RLUIPA claims are ready to be adjudicated by the federal court because the township reached a final decision on the zoning application, which, as plaintiffs alleged, inflicted an injury on plaintiffs by preventing them from using their land for their religious needs.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
As part of this initiative, the department has obtained relief under RLUIPA to combat antisemitism and other forms of religious hate, including in Airmont, New York, where the department recently secured a consent order requiring the Village of Airmont to stop discriminating against its Orthodox Jewish residents. Additionally, the department recently hosted an outreach forum with religious leaders at Seton Hall Law School in Newark, New Jersey, on combating religious discrimination under RLUIPA, and plans to hold additional outreach events in the coming months.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Rights Division at (855) 281-3339 or the Civil Rights Division’s Housing and Civil Enforcement Section at (833) 591-0291 or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, can be found at www.justice.gov/crt/about/hce/rluipaexplain.php.
millburn_statement_of_interest_filed.pdfHospital Executive and Three Texas Physicians to Pay over $880,000 to Settle Kickback Allegations Involving Laboratory TestingRead the Press Release
Former hospital executive Peggy Borgfeld, of Lexington, Texas, and physicians Linh Nguyen, M.D. and Thuy Nguyen, M.D., of Dallas, and Heriberto Salinas, M.D., of Cleburne, Texas, have agreed to pay a total of $880,199 to resolve False Claims Act allegations involving illegal remuneration in violation of the Anti-Kickback Statute. The parties also have agreed to cooperate with the Justice Department’s investigations of, and litigation against, other participants in the alleged schemes.
“The False Claims Act protects taxpayer-funded programs against those who seek to misuse them for their personal gain,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to enforce the law to protect the integrity of federal healthcare programs, including by pursing arrangements that involve the payment of kickbacks.”
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlements announced today resolve allegations that Drs. Linh Nguyen, Thuy Nguyen and Heriberto Salinas received kickbacks in violation of the Anti-Kickback Statute in return for their laboratory testing referrals.
- Linh Nguyen and Thuy Nguyen. Drs. Linh Nguyen and Thuy Nguyen have agreed to pay $404,813 to resolve two allegations from October 2015 to February 2018. First, the physicians allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Ascend MSO of TX LLC (Ascend) in return for ordering laboratory tests from Little River Healthcare (Little River), a critical access hospital in Rockdale, Texas, and Boston Heart Diagnostics Corporation (Boston Heart), a clinical laboratory in Framingham, Massachusetts. Second, the physicians allegedly received thousands of dollars in payments from an MSO named Geminorium MG LLC in return for ordering laboratory tests from True Health Diagnostics LLC, a clinical laboratory in Frisco, Texas.
- Heriberto Salinas. Dr. Salinas agreed to pay $150,386 to resolve two allegations from December 2015 to May 2017. First, Dr. Salinas allegedly received thousands of dollars in MSO payments from Ascend in return for ordering laboratory tests from Little River. Second, Dr. Salinas allegedly received thousands of dollars in payments from a purported MSO named Herculis MG LLC in return for ordering laboratory tests from Boston Heart.
In addition, the United States announced that Peggy Borgfeld, the former controller, chief financial officer and chief operating officer of Little River, agreed to pay $325,000 plus additional contingent payments to resolve allegations that she caused the submission of false claims to Medicare, Medicaid and TRICARE. Borgfeld allegedly knew that Little River paid commissions to recruiters who used MSOs to pay kickbacks to doctors to induce their laboratory testing referrals to Little River. The settlement resolves allegations that Borgfeld knowingly caused Little River to submit claims to federal healthcare providers for the laboratory tests that the kickback recipients referred to Little River. The settlement also resolves allegations that, despite her knowledge of the MSO kickbacks, Borgfeld signed false certifications in Medicare cost reports regarding Little River’s compliance with the Anti-Kickback Statute. Under the terms of the settlement agreement, Borgfeld agreed to be excluded from participation in federal healthcare programs for five years.
“These settlements demonstrate our firm commitment to holding individuals accountable for their part in this healthcare kickback scheme,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “We will continue to pursue those who cover up improper payment arrangements with pass-through entities, sham marketing contracts and faux investment opportunities to enrich themselves at the expense of the taxpayers, in violation of the Anti-Kickback Statute.”
“Illegal kickback payments not only corrupt the medical decision-making process but also cause harm and financial loss to Medicare and other federally funded healthcare programs,” said Special Agent in Charge Jason E. Meadows of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG works closely with our law enforcement partners to root out and hold accountable those who put profit and personal gain ahead of legitimate medical services.”
“Today’s outcome is a testament to the dedication and determination of the Department of Defense Office of Inspector General (DoD OIG), Defense Criminal Investigative Service (DCIS) and our law enforcement partners to protect our military’s healthcare system, known as TRICARE,” said Special Agent in Charge Michael C. Mentavlos of the DCIS Southwest Field Office. “DCIS will continue to work closely with the Justice Department to hold accountable those that attempt to defraud the TRICARE program, pilfering taxpayer resources and undermining military readiness.”
The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Eastern District of Texas, with assistance from HHS-OIG and DCIS. The settlements announced today were handled by Trial Attorneys Christopher Terranova and Gavin Thole in the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorneys James Gillingham and Betty Young for the Eastern District of Texas. The United States has recovered over $36 million relating to conduct involving MSO kickbacks to healthcare providers, which includes recoveries from 43 physicians.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
Former U.S. Ambassador and National Security Council Official Charged with Secretly Acting as an Agent of the Cuban GovernmentRead the Press Release
Federal prosecutors have charged Victor Manuel Rocha, 73, of Miami, Florida, a former U.S. Department of State employee who served on the National Security Council from 1994 to 1995 and ultimately as U.S. Ambassador to Bolivia from 2000 to 2002, with committing multiple federal crimes by secretly acting for decades as an agent of the government of the Republic of Cuba.
“This action exposes one of the highest-reaching and longest-lasting infiltrations of the United States government by a foreign agent,” said Attorney General Merrick B. Garland. “We allege that for over 40 years, Victor Manuel Rocha served as an agent of the Cuban government and sought out and obtained positions within the United States government that would provide him with access to non-public information and the ability to affect U.S. foreign policy. Those who have the privilege of serving in the government of the United States are given an enormous amount of trust by the public we serve. To betray that trust by falsely pledging loyalty to the United States while serving a foreign power is a crime that will be met with the full force of the Justice Department.”
“Like all federal officials, U.S. diplomats swear an oath to support and defend the Constitution of the United States. Acting as an agent for Cuba – a hostile foreign power – is a blatant violation of that oath and betrays the trust of the American people,” said FBI Director Christopher Wray. “The FBI will continue to rigorously defend against foreign governments targeting America, and we will find and hold accountable anyone who violates their oath to the United States, no matter how long it takes.”
“For decades, Rocha allegedly worked as a covert agent for Cuba and abused his position of trust in the U.S. government to advance the interests of a foreign power,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “However long it might take, we will deliver justice to those who betray their solemn oaths to the American people.”
“The Southern District and our law enforcement partners stand ready to protect the United States from individuals who act unlawfully as agents of foreign governments,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Individuals who violate federal law by engaging in clandestine activity for hostile foreign states, and by providing false information about those activities to the U.S. government, endanger American democracy. That is especially so for past or present employees of the United States who took an oath to uphold the U.S. Constitution, and for U.S. citizens who benefit from the freedoms and opportunities of this country. The U.S. Attorney’s Office and our law enforcement partners in South Florida, and elsewhere, will continue to vigorously enforce all federal laws.”
According to the complaint, beginning no later than approximately 1981, and continuing to the present, Rocha, a naturalized U.S. citizen originally from Colombia, secretly supported the Republic of Cuba and its clandestine intelligence-gathering mission against the United States by serving as a covert agent of Cuba’s General Directorate of Intelligence.
To further that role, according to the complaint, Rocha obtained employment in the U.S. Department of State between 1981 and 2002, in positions that provided him access to nonpublic information, including classified information, and the ability to affect U.S. foreign policy. After his State Department employment ended, Rocha engaged in other acts intended to support Cuba’s intelligence services. From in or around 2006 until in or around 2012, Rocha was an advisor to the Commander of the U.S. Southern Command, a joint command of the United States military whose area of responsibility includes Cuba.
The complaint alleges that Rocha kept his status as a Cuban agent secret in order to protect himself and others and to allow himself the opportunity to engage in additional clandestine activity. Rocha provided false and misleading information to the United States to maintain his secret mission; traveled outside the United States to meet with Cuban intelligence operatives; and made false and misleading statements to obtain travel documents.
According to the complaint, Rocha began his State Department career in 1981, rising through the ranks to serve in a variety of roles, including (1) from in or around February 1989 until in or around November 1991, as the First Secretary at the U.S. Embassy in Mexico City, Mexico; (2) from in or around November 1991 until in or around July 1994, as the Deputy Chief of Mission at the U.S. Embassy in Santo Domingo, Dominican Republic; (3) from in or around July 1994 until in or around July 1995, as a Department of State employee, as the Director of Inter-American Affairs on the U.S. National Security Council, with special responsibility for, among other things, Cuba; (4) from in or around July 1995 until in or around July 1997, as Deputy Principal Officer at the U.S. Interests Section in Havana, Cuba; (5) from in or around July 1997 until in or around November 1999, as Deputy Chief of Mission at the U.S. Embassy in Buenos Aires, Argentina; and (6) from in or around November 1999 until in or around August 2002, as Ambassador to Bolivia at the U.S. Embassy in La Paz, Bolivia.
The complaint alleges that, in a series of meetings during 2022 and 2023, with an undercover agent from the FBI posing as a covert Cuban General Directorate of Intelligence representative, Rocha made repeated statements admitting his “decades” of work for Cuba, spanning “40 years.” When the undercover told Rocha he was “a covert representative here in Miami” whose mission was “to contact you, introduce myself as your new contact, and establish a new communication plan,” Rocha answered “Yes,” and proceeded to engage in a lengthy conversation during which he described and celebrated his activity as a Cuban intelligence agent. Throughout the meetings, Rocha behaved as a Cuban agent, consistently referring to the United States as “the enemy,” and using the term “we” to describe himself and Cuba. Rocha additionally praised Fidel Castro as the “Comandante,” and referred to his contacts in Cuban intelligence as his “Compañeros” (comrades) and to the Cuban intelligence services as the “Dirección.” Rocha described his work as a Cuban agent as “a grand slam.”
Rocha is charged with conspiring to act as an agent of a foreign government without prior notification to the Attorney General; acting as an agent of a foreign government without prior notification to the Attorney General; and with using a passport obtained by false statement. He is expected to make an initial appearance before a U.S. Magistrate Judge in Miami today, Dec. 4.
The FBI Miami Field Office is investigating the case, with valuable contributions by the Department of State’s Diplomatic Security Service and the FBI’s Washington Field Office.
Assistant U.S. Attorneys Jonathan D. Stratton and John C. Shipley of the Southern District of Florida, along with Trial Attorneys Heather M. Schmidt and Christine A. Bonomo of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Rocha complaintFederal Court Shuts Down South Florida Tax PreparersRead the Press Release
A federal court in the Southern District of Florida on Dec. 1 permanently enjoined a Miami tax return preparer and his businesses from preparing federal income tax returns, training others how to prepare tax returns or operating any tax return preparation business in the future.
The court also ordered Javier Campos and the tax preparation businesses he operates to pay $500,000 in ill-gotten gains to the United States. Campos consented to the permanent injunction and disgorgement order. Five employees of the tax preparer’s businesses consented to an injunction from preparing tax returns for two years.
The civil complaint alleges that Campos owns or controls JBC Tax Services LLC, WK Tax Services Inc., Cutler Bay Tax Services Inc., N.L.T.S. Inc. (doing business as Naranja Lakes Tax Services Inc.) and Tax Services Group Corp. According to the complaint, Campos and the other defendants prepared returns for customers that claimed various false or fabricated deductions and credits, including fabricated residential energy credits, fictitious deductions and credits for education expenses, false COVID-19 sick and family leave credits and bogus deductions for personal property rentals, attorney’s fees for unlawful discrimination claims and reforestation amortization and expenses. The complaint also alleges that Campos acted as a “ghost” preparer, meaning that he did not sign the returns he prepared as required by law, and trained outside clients and tax preparers how to fraudulently inflate customers’ tax refunds through Tax Services Group.
Today’s permanent injunction against Campos and his businesses – to which Campos, JBC Tax Services, WK Tax Services, Cutler Bay Tax Services, Naranja Lakes Tax Services and Tax Services Group consented – forever bars them from any involvement in the preparation of federal tax returns. They must immediately close and cease all operations at any office location, including the Miami offices located at 19485-B S. Dixie Highway and 13630 SW 120th St., Suite 228, and the Homestead office located at 27393 S. Dixie Highway.
The injunction against the five employee defendants – David DePablo, Krystallee Gonzalez, Alvaro Jauregui, Katya Rojas and Patricia Vanegas – bars them from any involvement in the preparation of federal tax returns for two years. The injunction also requires that they successfully complete the IRS’s Annual Filing Season Program training course and provide proof of completion before they may prepare returns for others.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Attorneys from the Justice Department’s Tax Division prosecuted the case.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
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.
ecf_no._37_campos.pdf ecf_no._38_campos.pdfExembajador de Estados Unidos y exfuncionario del Consejo de Seguridad Nacional acusado de actuar en secreto como agente del gobierno cubanoRead the Press Release
Fiscales federales acusaron a Víctor Manuel Rocha, de 73 años de edad, de Miami (Florida), antiguo empleado del Departamento de Estado de Estados Unidos que participó en el Consejo de Seguridad Nacional de 1994 a 1995 y, posteriormente fungió como embajador de Estados Unidos en Bolivia de 2000 a 2002, de haber cometido múltiples delitos federales actuando clandestinamente durante décadas como agente del Gobierno de la República de Cuba.
“Esta medida expone una de las infiltraciones de mayor nivel y duración en el Gobierno de Estados Unidos por parte de un agente extranjero”, indicó el fiscal general Merrick B. Garland. “Alegamos que, durante más de 40 años, Víctor Manuel Rocha actuó como agente del gobierno cubano y buscó y obtuvo puestos dentro del Gobierno de Estados Unidos que le proporcionaban acceso a información no pública y la posibilidad de afectar la política exterior estadounidense. Quienes tienen el privilegio de prestar servicio en el Gobierno de Estados Unidos son depositarios de una inmensa confianza por parte del público a cuyo servicio se encuentran. Traicionar esa confianza prometiendo falsamente lealtad a Estados Unidos mientras se atienden los intereses de una potencia extranjera constituye un delito al que el Departamento de Justicia responderá de manera implacable”.
“Como todos los funcionarios federales, los diplomáticos estadounidenses prestan juramento de apoyar y defender la Constitución de Estados Unidos. Actuar como agente para Cuba, una potencia extranjera hostil, constituye una violación flagrante de dicho juramento y traiciona la confianza del pueblo estadounidense”, manifestó el director del FBI, Christopher Wray. “El FBI seguirá actuando en firme defensa ante gobiernos extranjeros que dirijan sus acciones contra Estados Unidos, e identificaremos y nos aseguraremos de que rindan cuentas todos aquellos que violen su juramento a Estados Unidos, sin importar cuánto tiempo tome”.
“Durante décadas, Rocha presuntamente trabajó como agente encubierto para Cuba y abusó de su posición de confianza en el Gobierno de Estados Unidos para promover los intereses de una potencia extranjera”, explicó el fiscal general adjunto Matthew G. Olsen de la División de Seguridad Nacional del Departamento de Justicia. “Por más tiempo que tome, impartiremos justicia contra quienes traicionen sus juramentos solemnes al pueblo estadounidense”.
“El Distrito Sur y nuestros socios de aplicación de la ley estamos preparados para proteger a Estados Unidos de personas que actúen ilegalmente como agentes de gobiernos extranjeros”, manifestó el fiscal federal Markenzy Lapointe para el Distrito Sur de Florida. “Las personas que violan la ley federal al participar en actividades clandestinas para Estados extranjeros hostiles, y proporcionan información falsa sobre esas actividades al Gobierno de Estados Unidos, ponen en peligro la democracia estadounidense. Eso se aplica particularmente a empleados anteriores o actuales de Estados Unidos que juraron defender la Constitución de Estados Unidos y a los ciudadanos estadounidenses que se benefician de las libertades y oportunidades de este país. La Oficina del Fiscal Federal de Estados Unidos y sus socios de aplicación de la ley en el sur de la Florida, así como en otros lugares, continuarán aplicando enérgicamente todas las leyes federales”.
Según la acusación, a partir de aproximadamente el año 1981, y hasta el presente, Rocha, ciudadano estadounidense naturalizado originario de Colombia, apoyó en forma secreta a la República de Cuba y su misión clandestina de reunir inteligencia contra Estados Unidos actuando como agente encubierto de la Dirección General de Inteligencia de Cuba.
Para llevar a cabo ese papel, según se indica en la demanda, Rocha obtuvo empleo en el Departamento de Estado de Estados Unidos entre 1981 y 2002, en puestos que le proporcionaron acceso a información no pública, incluida información clasificada, y la posibilidad de afectar la política exterior de Estados Unidos. Después de concluir su empleo en el Departamento de Estado, Rocha cometió otros actos destinados a prestar apoyo a los servicios de inteligencia de Cuba. Desde alrededor del año 2006 hasta alrededor de 2012, Rocha fue asesor del comandante del Comando Sur de Estados Unidos, un comando conjunto de las fuerzas militares de Estados Unidos cuya área de responsabilidad incluye a Cuba.
La acusación sostiene que Rocha mantuvo en secreto su condición de agente cubano para protegerse a sí mismo y a otros y poder participar en otras actividades clandestinas. Rocha proporcionó información falsa y engañosa a Estados Unidos para mantener secreta su misión; viajó fuera de Estados Unidos para reunirse con agentes de inteligencia cubanos; y efectuó declaraciones falsas y engañosas para obtener documentos de viaje.
Según se indica en la acusación, Rocha comenzó su carrera en el Departamento de Estado en 1981, y fue ascendiendo de rango desempeñando una variedad de funciones, que incluyeron (1) desde alrededor de febrero de 1989 hasta alrededor de noviembre de 1991, fue primer secretario de la embajada de Estados Unidos en la Ciudad de México en México; (2) desde alrededor de noviembre de 1991 hasta alrededor de julio de 1994, como ministro consejero en la embajada de Estados Unidos en Santo Domingo, República Dominicana; (3) desde alrededor de julio de 1994 hasta alrededor de julio de 1995, como empleado del Departamento de Estado, en la función de Director para Asuntos Interamericanos en el Consejo de Seguridad Nacional de Estados Unidos, con responsabilidad especial respecto a Cuba, entre otras cosas; (4) desde alrededor de julio de 1995 hasta alrededor de julio de 1997, como funcionario viceprincipal de la Sección de Intereses de Estados Unidos en La Habana, Cuba; (5) desde alrededor de julio de 1997 hasta alrededor de noviembre de 1999, como ministro consejero de la embajada de Estados Unidos en Buenos Aires, Argentina; y (6) desde alrededor de noviembre de 1999 hasta alrededor de agosto de 2002, como embajador de Estados Unidos ante Bolivia en la embajada de Estados Unidos en La Paz, Bolivia.
La acusación alega que, en una serie de reuniones sostenidas durante 2022 y 2023 con un agente encubierto del FBI que simulaba ser representante encubierto de la Dirección General de Inteligencia de Cuba, Rocha formuló reiteradas declaraciones admitiendo sus “décadas” de trabajo para Cuba, que abarcan “40 años”. Cuando el agente secreto le dijo a Rocha que era “un representante encubierto aquí en Miami” cuya misión consistía en “contactarle, presentarme como su nuevo contacto y establecer un nuevo plan de comunicación”, Rocha respondió “sí”, y procedió a entablar una larga conversación durante la cual describió y celebró su actividad como agente de inteligencia cubano. En los encuentros, Rocha se comportó como un agente cubano, refiriéndose constantemente a Estados Unidos como “el enemigo”, y utilizando el término “nosotros” para referirse a sí mismo y a Cuba. Rocha también elogió a Fidel Castro como “el Comandante”, y se refirió a sus contactos en los servicios de inteligencia cubana como sus “camaradas” y a los servicios de inteligencia cubanos como la “Dirección”. Rocha calificó a su labor como agente cubano como un “grand slam”.
Rocha está acusado de conspirar para actuar como agente de un gobierno extranjero sin notificación previa al fiscal general; de actuar como agente de un gobierno extranjero sin notificación previa al fiscal general; y de utilizar un pasaporte obtenido mediante declaración falsa. Se espera que tenga su primera vista ante un juez de instrucción federal en Miami en el día de hoy, 4 de diciembre.
La oficina local del FBI en Miami está investigando el caso, con valiosas contribuciones del Servicio de Seguridad Diplomática del Departamento de Estado y la oficina local del FBI en Washington.
Los fiscales adjuntos federales Jonathan D. Stratton y John C. Shipley del Distrito Sur de Florida, junto con los abogados litigantes Heather M. Schmidt y Christine A. Bonomo de la Sección de contrainteligencia y control de exportaciones de la División de Seguridad Nacional están encargados de la acción penal.
Toda persona que tenga información para transmitir al respecto puede llamar al 1-800-CALL-FBI (800-225-5324) o visitar tips.fbi.gov (en inglés).
Una denuncia penal implica solamente una alegación. Todos los acusados se presumen inocentes hasta tanto se demuestre su culpabilidad sin lugar a duda razonable en un tribunal de justicia.
Solicitor General Elizabeth B. Prelogar Statement on the Passing of Justice Sandra Day O’ConnorRead the Press Release
WASHINGTON – The Justice Department issued the following statement from Solicitor General Elizabeth B. Prelogar following the passing of Justice Sandra Day O’Connor:
“On behalf of the Office of the Solicitor General, I extend my deepest sympathies on the passing of Justice Sandra Day O’Connor. Justice O’Connor lived a remarkable life and leaves an extraordinary legacy. Her decades of distinguished service as the first woman to sit on the Supreme Court showed the nation that there are no limits to what women can do and achieve in the law — and opened countless doors for those who came after her. Her opinions for the Court reflect her formidable intellect and profound wisdom; they will shape the law for years to come. And her integrity, independence, and dedication to public service will continue to inspire all those who knew and admired her.”
On World AIDS Day, Justice Department Reaffirms Commitment to Protecting Civil Rights of People Living with HIV and AIDSRead the Press Release
On World AIDS Day 2023, the Justice Department reaffirms its commitment to safeguarding the civil rights of people living with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). Since the passage of the Americans with Disabilities Act (ADA) more than 30 years ago, the department has worked vigorously to protect and advance the rights of the more than one million Americans living with HIV and AIDS.
“The Justice Department strives to defend the rights of all Americans, including people living with HIV and AIDS,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “On World AIDS Day, we recognize our responsibility and reaffirm our commitment to prevent discrimination against people living with HIV and AIDS. We continue our fight to stop the spread of stereotypes and misinformation about the disease to remove senseless burdens and to ensure that those living with HIV and AIDS are treated fairly. We carry out this work with a commitment to racial equity given that Black and Latino communities are disproportionately affected by HIV.”
Over the past year, the Civil Rights Division has prioritized enforcement of the ADA and other laws to seek equal opportunity for and to combat discrimination against people living with HIV and AIDS.
For example, today, the Justice Department announced its finding that Tennessee, including the Tennessee Bureau of Investigation, and the Shelby County District Attorney’s Office violated the ADA by enforcing the State’s aggravated prostitution statute against people living with HIV. The Tennessee aggravated prostitution statute elevates misdemeanor conduct to a felony based on an individual’s HIV status and mandates registration on the Tennessee Sex Offender Registry.
In addition, in August, the Justice Department and the Department of Health and Human Services secured a settlement resolving allegations that a home healthcare provider discriminated against a person with HIV. The agreement requires the home healthcare provider to ensure that people with disabilities, including those who have or are perceived as having HIV, receive equal opportunities to obtain the provider’s services. The provider will also train its employees and pay damages to the person who experienced this discrimination.
The department also continues to monitor recent settlement agreements and consent decrees that involve alleged discrimination against people with HIV, including:
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A consent decree resolving a lawsuit against the Town of Clarksville, Indiana. The lawsuit alleged that the town’s police department prevented a qualified applicant from becoming a police officer based on his HIV diagnosis. The agreement requires Clarksville to pay monetary damages to the complainant, revise its policies and train its personnel;
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A settlement agreement with an in-home caregiving agency in Wisconsin that allegedly refused to provide in-home services to an individual with HIV. The agreement requires the agency to pay monetary damages to the individual, adopt a non-discrimination policy and train its staff;
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Two settlement agreements with tattoo studios in California and Colorado that allegedly refused services to clients who informed the studios of their HIV-positive status. The agreements require the tattoo studios to pay monetary damages to the complainants, develop a non-discrimination policy and train their employees;
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Two consent decrees resolving cases alleging that doctors in California refused to provide routine medical care to a patient because of her HIV status. One lawsuit alleged that when the patient tried to make an appointment, she was told that the doctor could not see her because she had HIV, and the second lawsuit alleged that another doctor denied the patient a Pap smear, a regular preventative procedure, because he found her a “high risk” patient. The consent decrees require each doctor to pay monetary damages to the complainant and a civil penalty to the United States, to receive training on the ADA and the care of patients with HIV and to implement a non-discrimination policy; and
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A settlement agreement with the Nevada Department of Corrections to resolve systemic discrimination in its correctional practices. The department’s investigation found that the state impermissibly isolated and segregated inmates with HIV, failed to keep their HIV status confidential and denied them equal employment opportunities as well as classification and housing at lower custody levels. The agreement requires Nevada to develop or amend policies and procedures to ensure equal and integrated housing, classification and employment opportunities, to train staff on the ADA and to implement an ADA grievance procedure.
Along with its enforcement efforts, the department continues to engage in outreach to educate people living with HIV and AIDS, businesses, state and local governments and other covered entities on their rights and responsibilities under the ADA. The department also provides technical assistance and responds to questions from individuals and covered entities through our ADA Information Line at 800-514-0301 (voice) or 833-610-1264 (TTY).
To learn more about the Civil Rights Division’s work, please visit Civil Rights Division | Department of Justice and ADA.gov.
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Justice Department Finds that Enforcement of Tennessee State Law Discriminates Against People with HIVRead the Press Release
The Justice Department announced today its finding that the State of Tennessee, including its Bureau of Investigation (TBI) and the Shelby County District Attorney’s Office (SCDAO), violated the Americans with Disabilities Act (ADA) by enforcing the state’s aggravated prostitution statute against people living with human immunodeficiency virus (HIV). Today’s announcement comes on World AIDS Day, an international day dedicated to raising awareness of the AIDS pandemic.
The department’s comprehensive investigation found that the state and the SCDAO subject people living with HIV to harsher criminal penalties solely because of their HIV status, violating Title II of the ADA.
“Tennessee’s aggravated prostitution law is outdated, has no basis in science, discourages testing and further marginalizes people living with HIV,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People living with HIV should not be treated as violent sex offenders for the rest of their lives solely because of their HIV status. The Justice Department is committed to ensuring that people with disabilities are protected from discrimination.”
Tennessee’s aggravated prostitution statute elevates what would otherwise be misdemeanor conduct to a felony because the individual has HIV, regardless of any actual risk of harm. A person convicted of aggravated prostitution faces three to 15 years in prison and a fine up to $10,000, while a person convicted of a misdemeanor charge based on the same conduct is subject to a sentence of no more than six months and up to a $500 fine. While the aggravated prostitution statute applies statewide, it has been enforced most frequently in Shelby County.
Aggravated prostitution is also categorized as a “violent sexual offense” mandating registration by those convicted on the Tennessee Sex Offender Registry, in most cases for life. The state maintains the registry through the TBI. Individuals placed on the registry due to convictions for aggravated prostitution are restricted in where they may live, work and go in public, and have experienced increased homelessness and unemployment. These individuals also face public disclosure of information about their HIV status, which can lead to harassment and discrimination. The department opened this investigation in response to complaints about enforcement of the statute.
The department’s letter provides Tennessee, TBI and the SCDAO, with written notice of its findings and details the minimum remedial measures necessary to address them.
The Justice Department plays a central role in advancing the ADA’s goals of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov.
2023.11.30_tn_hiv_lof_final.pdfFormer Correctional Officer Sentenced to 63 Months for Sexual Abuse of Two Female InmatesRead the Press Release
A former federal correctional officer was sentenced today to 63 months in prison, followed by five years of supervised release, and a $25,000 special assessment for his sexually abusive conduct against two female victims who were serving prison sentences at Federal Correctional Institution (FCI) Dublin. The sentence was handed down by U.S. District Judge Yvonne Gonzalez Rogers.
John Bellhouse, 40, formerly of Pleasanton, California, was initially charged with sexual abuse of an inmate on Feb. 17, 2022. A federal grand jury issued a superseding indictment on Sept. 29, 2022, charging Bellhouse with two counts of sexual abuse of a ward and three counts of abusive sexual contact that occurred between December 2019 and December 2020. A jury convicted Bellhouse of all counts.
“John Bellhouse exploited his position of trust at the Federal Bureau of Prisons by sexually abusing multiple women in his custody – and today he has been held to account,” said Deputy Attorney General Lisa O. Monaco. “The sentence of imprisonment imposed today is the latest example of the Justice Department’s continuing work to address the egregious misconduct that took place at FCI Dublin and prioritize the eradication of sexual assault from our prison system.”
“While today’s sentencing cannot undo the horrific abuse that Bellhouse’s victims endured, it sends a clear message that FBOP employees who abuse inmates in their custody and care will be brought to justice. Our investigation of sexual abuse at FCI Dublin remains ongoing, and we will continue to aggressively pursue justice for victims of sexual abuse at the hands of FBOP employees,” said Inspector General Michael E. Horowitz.
“The horrendous sexual abuse committed by convicted offender John Bellhouse is cruel and despicable,” said FBI Deputy Director Paul Abbate. “As a federal corrections officer, Bellhouse sexually abused inmates under his care and attempted to cover-up his crimes. These violations are inexcusable breaches of the trust and authority granted to government officials. This sentencing is a reminder that the FBI and our partners will relentlessly pursue those who physically harm others and hold them accountable.”
“This conduct was a disturbing deviation from the expectations and requirements of all federal correctional officers,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Bellhouse violated his oath and abused the power given to him, all to victimize the people he was supposed to protect. This sentence makes clear that the sexual abuse of inmates by guards will not be tolerated.”
Bellhouse was employed as a correctional officer at the FCI Dublin, California, an all-female low security federal correctional institution. Trial evidence showed that, beginning December 2019 through October 2020, Bellhouse sexually abused and committed abusive sexual contact against a victim incarcerated and serving a prison sentence at FCI Dublin under Bellhouse’s custodial, supervisory, and disciplinary authority. Bellhouse engaged in oral sex with the victim in the prison Safety Warehouse and Safety Office and touched the victim’s vagina and breasts in the prison Safety Office.
Evidence presented at trial also demonstrated Bellhouse committed abusive sexual contact against a second victim between October and December of 2020. Trial evidence showed that the acts occurred in the Safety Office at the FCI Dublin Camp.
The trial evidence further showed that Bellhouse sexually abused another inmate in 2020 and 2021 when he reached through a window in her cell and grabbed her breast, and on another occasion put his finger in her vagina without her consent while she was in her cell after showering.
In a memorandum filed in connection with Bellhouse’s sentencing, the government provided additional information regarding Bellhouse’s criminal conduct while he was a correctional officer. In the memorandum, the government argued that in addition to the three women who testified at trial about Bellhouse’s sexual abuse of them, Bellhouse also abused other women. Further, the government’s memorandum describes how Bellhouse used his ability to access everyday items such as Starbucks coffee, yarn, jewelry, and cleaning supplies, to get his victims both to acquiesce in the abuse and to keep them quiet about his conduct. For example, according to the memorandum, Bellhouse would provide items to coax compliance with his demands. Because these items were considered contraband at FCI Dublin, mere possession of them exposed inmates to potential punishments such as solitary confinement and loss of good time credits.
Bellhouse was convicted of two counts of sexual abuse of a ward and three counts of abusive sexual conduct. Bellhouse must surrender by Feb. 2, 2024. His restitution hearing is set for Feb. 1, 2024, at 2 p.m. ET / 5 p.m. ET.
The Justice Department’s Office of Inspector General and the FBI investigated the case.
Assistant U.S. Attorneys Molly Priedeman and Andrew Paulson for the Northern District of California prosecuted the case, with the assistance of Madeline Wachs, Sara Slattery, Leeya Kekona, and Kay Konopaske.
Attorney General Merrick B. Garland Statement on the Passing of Justice Sandra Day O’ConnorRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland following the passing of Justice Sandra Day O’Connor:
“I was saddened to learn of the passing of my friend, Justice Sandra Day O’Connor.
“Justice O’Connor was a person of outstanding judgment, integrity, and intellect, and a jurist of great common sense, practicality, and vision. As a Justice, she insisted on focusing on how the law and the Court’s decisions would affect people in their everyday lives. Her pathbreaking career was marked not only by her own incredible achievements, but by the way in which those achievements created space for so many others who, like her, were not represented in the legal community.
“She will be remembered by generations to come, both for her historic achievement of becoming the first woman to sit on the Supreme Court and for her many contributions to the law as a Justice.
“For those of us fortunate to have known her, she will also be remembered for her infectious wit, her unfailing kindness, and her devotion to her loved ones.
“My thoughts are with all those who loved and admired Justice O’Connor. I join them in honoring her extraordinary legacy.”
Justice Department Secures Agreement from Pennsylvania Jail to Provide Medications for Opioid Use DisorderRead the Press Release
The Justice Department announced today that Allegheny County, Pennsylvania has agreed to offer treatment with any Food and Drug Administration (FDA)-approved medication for opioid use disorder (OUD) to all individuals booked into the Allegheny County Jail (ACJ) for whom such treatment is medically appropriate. Allegheny County will also pay $10,000 to an individual allegedly denied access to methadone in violation of the Americans with Disabilities Act (ADA).
The ADA prohibits state and local governments from discriminating against individuals with disabilities and protects people in recovery from OUD, including individuals who are taking OUD medication at the direction of a medical provider.
“Too many individuals with opioid use disorder cycle in and out of jails because they can’t find a path to recovery,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will ensure that Allegheny County Jail provides access to medications that can help break that cycle. These effective, evidence-backed treatments provide viable paths to recovery for those struggling with substance use disorders and help our communities begin to heal.”
“Allegheny County, like so much of the country, has been hit hard by the opioid epidemic,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “This agreement ensures that effective OUD treatment will be available to those in Allegheny County who need it most. We appreciate the county’s cooperation in reaching this agreement and look forward to continuing to collaborate in making improvements to ACJ and demonstrating what other jails and prisons must do to address the needs of individuals with opioid use disorder and comply with the ADA.”
Under the three-year agreement, Allegheny County will implement new policies and personnel training programs to ensure that people with OUD who are incarcerated at ACJ receive medically appropriate treatment for their disability. Specifically, Allegheny County will medically evaluate all individuals for OUD at the start of their incarceration. It will ensure that individuals who were receiving OUD medication from a licensed treatment provider before their incarceration are continued on that medication. The county will also offer all individuals with OUD booked into the jail the option to receive treatment with any FDA-approved medically appropriate OUD medication, even if they were not being treated with that medication before their incarceration.
Allegheny County will not change or discontinue an individual’s use of a particular OUD medication unless doing so is based on an individualized determination by a qualified medical provider. The county also will not use incentives, rewards or punishments to encourage or discourage individuals at ACJ from receiving any particular OUD medication.
The Civil Rights Division’s Disability Rights Section handled this matter in collaboration with the U.S. Attorney’s Office for the Western District of Pennsylvania.
The Justice Department plays a lead role in combatting the opioid epidemic, including by removing barriers to treatment for OUD. For more information about the Justice Department’s work to address discrimination against individuals with opioid use disorder, please visit www.ada.gov/topics/opioid-use-disorder/. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
us_and_allegheny_county_settlement_agreement_accessible_copy_for_web_posting.pdfGlobal Law Enforcement Collaboration through Operation Atlas Yields 223 Violent Transnational Fugitives Arrested and 581 Fugitives Located in 70 CountriesRead the Press Release
WASHINGTON – INTERPOL Washington, the U.S. Marshals Service, and the INTERPOL General Secretariat in Lyon, France, recently marked the completion of Operation Atlas, a year-long joint operation to find and arrest violent transnational fugitives across the world.
Since October 2022, U.S. and international law enforcement officials, working through Operation Atlas, arrested 223 fugitives and positively located 581 fugitives in 70 different countries, including 556 wanted in the United States. Of the fugitives targeted by the operation, 334 were the subjects of then active INTERPOL Red Notices*. The fugitives were wanted to stand trial for offenses including, but not limited to, homicide, crimes against children, kidnapping, sex offenses, robbery, and illegal weapons.
The fugitives wanted under Red Notices were targeted jointly by INTERPOL’s Fugitive Investigative Support unit and the U.S. Marshals Service in collaboration with officers of the relevant INTERPOL member countries.
“Operation Atlas serves as a model of domestic and international law enforcement cooperation to bring the worst of the worst to justice,” said INTERPOL Washington Director Michael A. Hughes. “Our communities, both in the United States and across the globe, face unprecedented transnational threats each and every day. The only way to defeat them is through transnational partnerships. Working together, we can make a difference.”
During the course of the operation, Atlas task forces met at global INTERPOL sites each quarter, enabling investigators to collaborate on fugitive cases in-person. These operational-level meetings brought together law enforcement partners from more than 20 countries, providing enhanced opportunities for information collecting and sharing. The task forces were held at Regional Bureau San Salvador, the INTERPOL Global Complex for Innovation (IGCI) in Singapore, the General Secretariat in Lyon, and Regional Bureau Buenos Aires.
“Atlas was a remarkably successful year-long operation highlighting the U.S. Marshals Service's capacity to locate fugitives no matter the distance they travel, or the borders they cross,” said U.S. Marshals Service Director Ronald L. Davis. “Through international cooperation, we have strengthened partnerships, information sharing, and coordination among nations that will continue to bring fugitives to justice.”
INTERPOL has been leading international operations targeting fugitives through its history and, since 2009, under the International Fugitive Round-up and Arrest (INFRA) model. “These fugitives have been located thanks to the power of international cooperation. As INTERPOL completes its 100th year, Operation Atlas stands as a testament to our ability to unite across borders for a common cause and work together as partners to overcome the most complex fugitive challenges to make the world a safer place,” said INTERPOL Executive Director of Police Services Stephen Kavanagh.
A component of the U.S. Department of Justice co-managed by the U.S. Department of Homeland Security, INTERPOL Washington—the U.S. National Central Bureau (USNCB)—is the designated U.S. representative to INTERPOL. It serves as the national point of contact and coordination for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, tribal, and territorial law enforcement agencies.
*A Red Notice is an international alert for a wanted person, but it is not an arrest warrant. Member countries apply their own laws in deciding whether to arrest a person.
Former California Business Owner Charged with Access Device Fraud, Aggravated Identity Theft and Witness TamperingRead the Press Release
An indictment was unsealed on Monday alleging that the chief executive officer of a California business caused unauthorized charges to be placed on thousands of consumer credit and debit card accounts.
Jason Edward Thomas Cardiff, 48, formerly of Upland, California, is charged with access device fraud, aggravated identity theft and two counts of witness tampering. The indictment alleges that Cardiff owned and operated Redwood Scientific Technologies, which sold various homeopathic thin film strip products to consumers. Between January 2018 and May 2018, Cardiff directed his employees to use the credit and debit card information associated with previous customers to charge for additional products that those customers had not ordered. The indictment further alleges that Cardiff ordered employees to destroy documents that were responsive to a Federal Trade Commission Civil Investigative Demand.
“These charges reflect the department’s commitment to investigate unauthorized charges imposed on consumer accounts and hold criminals accountable for their wrongdoing,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will use all of the tools at its disposal to prosecute such schemes.”
“This indictment alleges a blatant ripoff that simply charged customers for products they never ordered,” said U.S. Attorney Martin Estrada for the Central District of California. “We will remain vigilant to protect consumers from predatory businesses that exploit the trust placed in them by consumers.”
“The outstanding work by postal inspectors in this investigation uncovered a fraud scheme, where American consumers never received the products for which they were billed,” said Inspector in Charge Carroll Harris of the U.S. Postal Inspection Service (USPIS) Los Angeles Division. “The U.S. Postal Inspection Service is committed to protecting American consumers from falling victim to these types of fraud schemes.”
Cardiff made his initial court appearance on Nov. 27 before U.S. Magistrate Judge Brianna Fuller Mircheff of the U.S. District Court for the Central District of California. If convicted, Cardiff faces a maximum penalty of 15 years in prison for access device fraud, 20 years in prison for witness tampering and a mandatory minimum of two years in prison for aggravated identity theft. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. At his arraignment on Monday, Cardiff entered a not guilty plea and a trial was scheduled for Jan. 23, 2024.
USPIS is investigating the case.
Trial Attorneys Manu Sebastian and Brianna Gardner of the Civil Division’s Consumer Protection Branch, along with Assistant U.S. Attorney Valerie Makarewicz for the Central District of California, are prosecuting the case.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Foreign National Convicted of Drug Trafficking ConspiracyRead the Press Release
A federal jury in the District of Columbia convicted a national of the Dominican Republic yesterday of a felony drug trafficking conspiracy.
According to court documents and evidence presented at trial, Cesar Gomez Almonte, aka Jhonny Gomez and Johnny Gomez, 51, was a member of a drug trafficking network based in the Dominican Republic. The network facilitated the transportation of multi-hundred-kilogram shipments of cocaine by boat from the Caribbean to the United States. The drug trafficking network insulated itself by compartmentalizing operations and covering up true ownership of the boats used to transport cocaine. Gomez Almonte’s role within the organization was to search for and acquire new boats the network could use for future drug ventures, to coordinate the straw transfer of a boat used in a prior drug venture, and to broker the use of a boat for a cocaine shipment knowing that the cocaine was bound for the United States.
On Dec. 12, 2020, Gomez Almonte was arrested in the Miami International Airport.
The jury convicted Gomez Almonte of conspiracy to import five kilograms or more of cocaine into the United States. He is scheduled to be sentenced on Feb. 20, 2024, and faces a mandatory minimum of 10 years in prison and a statutory maximum penalty of life 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 and Special Agent in Charge Ivan J. Arvelo of Homeland Security Investigations (HSI) New York made the announcement.
The case is supported by the Organized Crime and Drug Enforcement Task Forces (OCDETF).
HSI New York investigated the case.
Acting Assistant Deputy Chief Melanie L. Alsworth and Trial Attorneys Samantha Thompson and Janet H. Turnbull of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs and Customs and Border Protection’s Miami Air and Marine Branch also provided significant assistance.
Florida Medical Clinic Owner and Pharmacy Technician Sentenced to Prison in Clinical Trial Fraud SchemeRead the Press Release
A federal judge sentenced a medical clinic owner and a pharmacy technician for their involvement in a clinical trial fraud scheme that included the falsification and fabrication of clinical trial data, the Justice Department announced.
Miguel Angel Montalvo Villa, 53, of Miami, and Ivette Maria Portela Martinez, 53, also of Miami, were convicted by a jury on Sept. 5 of one count of conspiracy to commit wire fraud and one count of wire fraud. Montalvo Villa also was convicted of making a false statement to a regulatory investigator with the U.S. Food and Drug Administration (FDA). On Nov. 30, U.S. District Judge K. Michael Moore sentenced Montalvo Villa to 71 months in prison and Portela Martinez to 46 months in prison.
According to court documents and evidence presented at trial, Montalvo Villa was a co-owner, president and CEO of AMB Research Center Inc. (AMB), a medical clinic located in Miami that conducted clinical trials of new drugs for pharmaceutical companies and sponsors. Portela Martinez was an employee who served as recruiter, site manager, data entry specialist and pharmacist. The evidence showed that Montalvo Villa and Portela Martinez used the names and personal information of individuals without their knowledge or consent and listed them as enrolled subjects in a clinical trial for a drug that was being developed to treat Clostridium difficile-associated diarrhea (CDAD), a moderate to severe form of diarrhea. The trial evidence further showed that the defendants enlisted and used the names of family members and friends who purportedly participated as eligible subjects in the CDAD clinical trial – but no subject fully participated in that clinical trial, as required by the protocol.
The trial evidence showed that Montalvo Villa and Portela Martinez falsified, at a minimum, hundreds of pages of documents and entered that information and data into the clinical trial’s electronic databases to make it appear as though the purported clinical trial subjects were fully participating in the clinical trial. The trial evidence also showed that as part of the conspiracy, Montalvo Villa submitted falsified and fraudulent invoices for AMB to receive payments for conducting the clinical trial that totaled $277,920.
“Accurate clinical trial data is critical to the evaluation of new drug treatments,” 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 its agency and law enforcement partners to uncover and prosecute clinical trial fraud.”
“The cornerstone of FDA’s evaluation of a new drug is reliable and accurate data from clinical trials,” said FDA Assistant Commissioner Justin D. Green of Criminal Investigations. “Compromised clinical trial data could impact the agency’s decisions about the safety and effectiveness of the drug under review. We will continue to monitor, investigate and bring to justice those whose actions may subvert the FDA approval process and endanger the public health.”
The FDA’s Office of Criminal Investigations, Miami Field Office, investigated the case.
The Civil Division’s Consumer Protection Branch prosecuted the case. The U.S. Attorney’s Office for the Southern District of Florida provided critical assistance.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit www.justice.gov/usao-sdfl.
South Carolina Return Preparer Sentenced to Two Years in Prison for Filing False Tax ReturnsRead the Press Release
A South Carolina man was sentenced today to 24 months in prison for preparing and filing false individual income tax returns for himself and his clients.
According to court documents and statements made in court, Jeffrey Harmon of Lexington, owned and operated TFL Worldwide, a tax preparation business through which he willfully prepared and filed returns for himself and clients that claimed fraudulent deductions to which he and his clients were not entitled. To reduce his and his clients’ tax liability, Harmon consistently deducted non-deductible personal expenses, including, among other things, rent and mortgage payments for personal residences, personal vacation travel, personal fitness equipment and golf, country and hunt club membership fees. In total, Harmon caused a tax loss to the IRS of more than $300,000.
In addition to the term of imprisonment, Harmon was ordered to serve one year of supervised release and to pay approximately $320,000 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Adair F. Boroughs for the District of South Carolina, and Special Agent in Charge Donald Trey Eakins of the IRS Criminal Investigation (IRS-CI) Charlotte Field Office made the announcement.
IRS-CI investigated the case.
Trial Attorney Wilson Stamm of the Tax Division and Assistant U.S. Attorneys Winston Holliday and Elle Klein for the District of South Carolina prosecuted the case.
New York Man Charged for Obstructing Investigation into Fatal Construction IncidentRead the Press Release
A federal grand jury today indicted Richard Zagger, 58, of Blue Point, New York, charging him with conspiracy and obstruction of official proceedings relating to an investigation into a fatal construction accident.
The four-count indictment alleges that Zagger was a supervisor for Northridge Construction Corporation, located in East Patchogue, Long Island, New York. On Dec. 8, 2018, Zagger was overseeing employees of Northridge constructing a metal shed on the Northridge property. During the construction, one of the employees fell from the improperly secured shed roof and died.
The Occupational Safety and Health Administration (OSHA) investigated the employee’s death and violations of worker safety standards. Among other worker safety standards, OSHA regulations require maintaining the stability of a metal structure at all times during construction. The indictment charges that during the investigation, Zagger made false statements and conspired with others to make false statements to obstruct the federal agency’s inquiry.
The maximum penalty for the conspiracy count and each obstruction count is five years in prison and a $250,000 fine, or twice the economic gain to the defendant or loss suffered by the victim because of the crime.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) made the announcement.
Senior Trial Attorneys Daniel Dooher and Richard J. Powers and Trial Attorney Rachel Roberts of ENRD’s Environmental Crimes Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Director Hughes Leads U.S. Delegation at INTERPOL General AssemblyRead the Press Release
This week, INTERPOL Washington Director Michael A. Hughes is leading a delegation from the United States to Vienna, Austria to attend the annual INTERPOL General Assembly, the largest gathering of senior law enforcement officials in the world. This year’s General Assembly also marks the 100th anniversary of INTERPOL and returns to the city where the organization was founded a century ago.
“I am honored to represent the United States and INTERPOL Washington at this historic General Assembly,” said Director Hughes. “The 100th anniversary of INTERPOL reminds us how much we can accomplish as now 196 nations – with the addition of Palau – coming together in the fight against transnational crime and terrorism. It also provides a chance to collaborate against the new and emerging threats we face together and to forge a path forward for the next 100 years.”
Director Hughes leads a delegation that includes personnel from INTERPOL Washington, U.S. Marshals Service, Federal Bureau of Investigation, U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement, U.S. Department of State Bureau of Counterterrorism and Bureau of Diplomatic Security, U.S. Air Force Office of Special Investigations, U.S. Army Criminal Investigation Division, and Department of Defense Cyber Crime Center. He also serves as Delegate for the Americas on the INTERPOL Executive Committee and plays a vital role in the General Assembly, working as a bridge between the more than 18,000 U.S. law enforcement agencies and INTERPOL's global network. During the General Assembly, Director Hughes and the delegation will advance American interests, strengthen our homeland security, and work to create a safer world.
The 91st INTERPOL General Assembly, November 28 to December 1 in Vienna, provides a unique opportunity for law enforcement agencies worldwide to strengthen their partnerships, share intelligence, and develop strategies to address the evolution of crime. It reinforces INTERPOL's commitment to facilitating cooperation among its 196 member countries and promoting a safer, more secure world.
The General Assembly is INTERPOL’s supreme governing body, comprising of representatives from each of the organization’s 196 member countries. It meets once a year, and each session lasts around four days to vote on key organizational matters. Decisions made during the General Assembly take the form of Resolutions and each member country present has one vote. The decision-making process is made by either a simple or two-thirds majority, depending on the subject matter. Resolutions are made public and posted on the INTERPOL website from 1960 onward.
A component of the U.S. Department of Justice co-managed by the U.S. Department of Homeland Security, INTERPOL Washington—the U.S. National Central Bureau (USNCB)—is the designated U.S. representative to INTERPOL. It serves as the national point of contact and coordination for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, tribal, and territorial law enforcement agencies.
Maryland Pizza Parlor Owner Pleads Guilty to Employment Tax SchemeRead the Press Release
A Maryland man pleaded guilty today to willfully failing to pay employment taxes withheld from his employees’ wages.
According to court documents and statements made in court, Francesco Illiano, of Mount Airy, owned and operated two restaurants and a property management company that employed over 100 people. Illiano was responsible for collecting, accounting for and paying the income and Social Security and Medicare taxes withheld from the wages of employees of the three companies he controlled. From at least April 2014 to July 2016, Illiano did not pay the withholdings to the IRS. Illiano had previously been assessed a Trust Fund Recovery Penalty for not paying more than $1.4 million in taxes withheld from employees of five Green Turtle restaurants he owned in 2011 and 2012. In total, Illiano caused a tax loss to the IRS of over $1.7 million.
Illiano is scheduled to be sentenced on March 6, 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 Erek L. Barron for the District of Maryland made the announcement.
IRS Criminal Investigation is investigating the case.
Trial Attorney Shawn Noud of the Tax Division and Assistant U.S. Attorney Jefferson Gray for the District of Maryland are prosecuting the case.
Attorney General Merrick B. Garland Statement on the Arrest of Néstor Isidro Pérez SalasRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland on the arrest of Néstor Isidro Pérez Salas, also known as “El Nini,” by Mexican authorities:
“Yesterday, Mexican authorities arrested Néstor Isidro Pérez Salas, also known as ‘El Nini,’ who we allege is one of the Sinaloa Cartel’s lead sicarios, or assassins. Until his apprehension, El Nini led security operations for the Chapitos and we allege that he and his security forces murdered, tortured, and kidnapped rivals, witnesses, and others who opposed the Chapitos.
Shortly after the apprehension of El Nini, I spoke with Mexican Attorney General Gertz to thank him for the extraordinary efforts of the Mexican authorities who made the arrest, and to whom we are all grateful for their courage.
We are now seeking El Nini’s swift extradition from Mexico to face justice here in the United States.
Last month, in a meeting in Mexico City, I thanked our Mexican government and law enforcement counterparts for the extradition of Ovidio Guzman Lopez, a leader of the Sinaloa Cartel and one of more than a dozen cartel leaders we have indicted who have been extradited to the United States.
Earlier this year, I announced charges against 23 leaders, members, and associates of the Sinaloa Cartel. Those charges reflect the aggressive approach the Justice Department is taking to disrupting and dismantling the Sinaloa Cartel, an organization responsible for operating one of the deadliest and most prolific drug trafficking operations in the world. Among those we charged are the cartel’s drug traffickers, their money launderers, their manufacturers, their chemical suppliers, and their leaders — as well as their security forces, which engage in horrific and brutal violence.
The Justice Department is grateful to our Mexican counterparts for their work in that effort, and we remain committed to doing everything in our power to dismantle the dangerous drug trafficking cartels that are responsible for death and devastation in both the United States and Mexico.”
Justice Department Files Statement of Interest in Religious Land Use Case Involving Oregon Church That Feeds People Who are Homeless or HungryRead the Press Release
The Justice Department filed a statement of interest today in the U.S. District Court for the District of Oregon explaining that a city’s decision to restrict a church’s distribution of meals to people who are homeless or hungry may have substantially burdened religious exercise under the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The statement of interest was filed in St. Timothy’s Church v. City of Brookings, Or., a lawsuit alleging that the City of Brookings imposed a substantial burden on the religious exercise of St. Timothy’s, an Episcopalian church, with a recently enacted ordinance that prohibits the church from serving free meals to persons in need more than two days per week, subject to a discretionary permit.
“Many churches and faith-based organizations across the country are on the front lines serving the critical needs of people experiencing hunger and homelessness,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Discriminatory zoning restrictions that burden and limit religious organizations’ use of their land violate federal antidiscrimination laws. The Justice Department is committed to enforcing federal civil rights laws to ensure that all religious groups can freely exercise their religious beliefs.”
For over a decade before this ordinance was enacted, St. Timothy’s had been providing meal service up to four days per week, and as many as six days per week, including during the Covid-19 pandemic, based on community need. The church has even testified that it feels a religious duty to provide food to those in need.
The city argued in part that RLUIPA did not apply to the city’s actions against St. Timothy’s and that the ordinance did not substantially burden St. Timothy’s religious exercise. The department is refuting the city’s claims. Specifically, it asserts that RLUIPA’s protections apply in this context, that St. Timothy’s provision of meals to people in need is protected religious exercise and that the city’s attempt to restrict St. Timothy’s meal service may have substantially burdened the church’s religious exercise by forcing it to violate its beliefs in order to comply with local land use laws.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
As part of this initiative, the department has filed statements of interest in other RLUIPA cases involving faith-based services to persons in need, including in Micah’s Way v. City of Santa Ana (Civil Rights Division | Statement of Interest in Micah’s Way v. City of Santa Ana (C.D. Cal.) | United States Department of Justice). Additionally, the department recently hosted an outreach forum with religious leaders at Seton Hall Law School in Newark, New Jersey, on combating religious discrimination under RLUIPA, and plans to hold additional outreach events in California and Michigan.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office Civil Division’s Civil Rights Section at (213) 894-2879 or the Civil Rights Division’s Housing and Civil Enforcement Section at (833) 591-0291 or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, can be found at www.justice.gov/crt/about/hce/rluipaexplain.php.
st._timothy_soi_file_stamped.pdfFormer Virginia Ambulance Service Owner Found Guilty of Tax Evasion, Filing False Returns and Obstructing the IRSRead the Press Release
A federal jury convicted a Virginia man today of evading the payment of employment taxes, filing false tax returns and obstructing the IRS.
According to court documents and evidence presented at trial, from January 2008 through December 2009, James C. Jones Jr., of Christiansburg, owned and operated Lifeline Ambulance Service Inc. and was responsible for paying to the IRS approximately $200,000 in federal income and Social Security and Medicare taxes withheld from Lifeline’s employees’ wages. However, he did not pay those withholdings to the IRS. As a result, in December 2009, the IRS assessed the unpaid employment taxes against Jones personally. To obstruct IRS efforts to collect those taxes, Jones misrepresented that he did not have sufficient funds and assets to pay when, in fact, Jones owned multiple apartments and bank accounts in the Caribbean and a classic “muscle car” collection. Jones continued to obstruct IRS collection efforts by filing false tax returns for 2013 through 2018 that did not report the rental income from his Caribbean properties and claimed false deductions. Jones also falsely represented to the Justice Department that he did not have records responsive to a subpoena ordering him to produce foreign bank records, when in fact, he possessed these records as the director and owner of multiple foreign holding companies.
Jones faces a maximum penalty of five years in prison for tax evasion, three years in prison for each false return count and three years in prison for obstructing the IRS. He also faces a period of supervised release 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, U.S. Attorney Christopher Kavanaugh for the Western District of Virginia and Special Agent-in-Charge Kareem Carter of the IRS-Criminal Investigation (CI) Washington D.C. Field Office made the announcement.
IRS-CI is investigating the case.
Trial Attorneys Francesca Bartolomey, Todd Ellinwood and Brian Flanagan of the Tax Division and Assistant U.S. Attorney Charlene Day for the Western District of Virginia are prosecuting the case, with assistance from Assistant U.S. Attorney Kelly McGann for the Western District of Virginia.
U.S. Trustee Program Provides Nearly 10,000 Language Interpretation Sessions in Fiscal Year 2023 for Debtors with Limited English ProficiencyRead the Press Release
Consistent with its commitment to access to justice for all, the U.S. Trustee Program provided 9,910 free telephone interpretation sessions for debtors with limited English proficiency in bankruptcy proceedings in Fiscal Year 2023, the Executive Office for U.S. Trustees announced today.
“Language interpretation services are essential to fulfilling the bankruptcy system’s promise of a fresh start for consumer debtors,” said Director Tara Twomey of the Executive Office for U.S. Trustees. “The U.S. Trustee Program is committed to ensuring that promise is accessible to all debtors no matter their English language proficiency.”
Debtors use the interpretation services during their meetings of creditors. Section 341 meetings, as they are known, are a critical part of the bankruptcy process at which debtors testify under oath in response to questions by trustees and creditors. The interpretation services help consumer debtors with limited English proficiency participate meaningfully in these meetings. Interpretation for more than 200 languages is available through a third-party vendor contracted with the U.S. Trustee Program. Historically, the top five languages of debtors who use the service have been Spanish, Korean, Vietnamese, Russian and Mandarin, while other top languages include Portuguese, Arabic, Cantonese, Armenian, Tagalog and Haitian Creole.
Before the USTP made language interpretation services available nationwide, interpretation at section 341 meetings occurred ad hoc, sometimes through the debtor’s relatives, friends or attorney. The U.S. Trustee Program and trustees were concerned about the objectivity and accuracy of those interpretations. Using third-party translation services for the debtor’s sworn testimony helps protect consumer debtors from fraud and abuse by opening access to independent, objective and professional interpretations from service providers free from conflicting interests.
Beyond offering free interpretation services, the U.S. Trustee Program also has posted on its website a Bankruptcy Information Sheet that is available in 17 languages and provides debtors with a helpful overview of the bankruptcy process. These and other language access initiatives reflect the Justice Department’s broader goal of providing meaningful access to programs and activities conducted or supported by federal agencies regardless of an individual’s English proficiency.
The U.S. Trustee Program is the component of the Justice Department whose mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders – debtors, creditors and the public. The USTP consists of 21 regions with 89 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the program at www.justice.gov/ust.
Justice Department Secures Agreement with Tennessee Trucking Companies to Resolve Allegations of Hiring DiscriminationRead the Press Release
The Justice Department announced today that it has secured a $700,000 agreement with Covenant Transport Inc. (Covenant), as well as the affiliated entity Transport Management Services LLC (Transport), two transportation logistics and long-haul trucking companies headquartered in Chattanooga, Tennessee. The agreement resolves the department’s determination that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by routinely discriminating against non-U.S. citizen workers when checking their permission to work in the United States.
“Employers cannot discriminate against non-U.S. citizens by demanding specific or unnecessary documents from them to prove their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring compliance with our federal civil rights laws so that non-U.S. citizens with permission to work can contribute their talents to our workforce.”
The department’s investigation found that from January 2020 through at least August 2022, Covenant and Transport routinely discriminated against non-U.S. citizens by requiring lawful permanent residents to show their Permanent Resident Cards (known as green cards) and by requiring other non-U.S. citizens to show documents related to their immigration status.
Federal law allows all workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship status, immigration status or national origin. The INA’s anti-discrimination provision prohibits employers from requiring specific or unnecessary documents because of a worker’s citizenship status, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens are (for example, a state ID or driver’s license and an unrestricted Social Security card). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.
Under the terms of the agreement, Covenant and Transport will pay $700,000 in civil penalties to the United States, train their employees on the INA’s anti-discrimination requirements, revise their employment policies and be subject to monitoring by the department.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and 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.
covenant-final_settlement_agreement.pdfJustice Department Secures Agreement with City of Blaine, Minnesota, to Resolve Discrimination Claim Involving Alcohol Use DisorderRead the Press Release
The Justice Department announced today that it filed a complaint and proposed consent decree with the U.S. District Court for the District of Minnesota to resolve allegations that the City of Blaine, Minnesota, discriminated against an employee with alcohol use disorder (AUD) in violation of Title I of the Americans with Disabilities Act (ADA). The ADA prohibits employers from discriminating against employees with disabilities in the terms, conditions and privileges of their employment.
The lawsuit alleges that the city discriminated against an employee with alcohol use disorder who voluntarily disclosed that he was to undergo treatment by requiring him to pay for alcohol and controlled substances testing and evaluation based on his disability. This is the Justice Department’s first ADA settlement resolving a claim of employment discrimination based on alcohol use disorder.
“Close to 30 million Americans in our country have had an alcohol use disorder and many are entitled to protections under the Americans with Disabilities Act. Employees with alcohol use disorder, or other disabilities, should not have to pay for employer-required health assessments to document information about their disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to ensuring that people with alcohol use disorder and other disabilities have equal opportunities in the workplace.”
Under the proposed consent decree, which the court must approve, the city will implement policies and procedures regarding non-discrimination in employment and train personnel on the requirements of Title I of the ADA. The city will also pay out-of-pocket losses and compensatory damages to the employee.
In 2022, 48.7 million people aged 12 or older (or 17.3%) had a substance use disorder (SUD) in the past year, including 29.5 million who had AUD, 27.2 million who had a drug use disorder (DUD), and 8 million people who had both an AUD and a DUD. AUD is a medical condition that is characterized by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) as “a problematic pattern of alcohol use leading to clinically significant impairment or distress” that can be mild, moderate, or severe, depending on the number of symptoms experienced in the prior 12 months.
This matter is based on a referral from the Minneapolis Area Office of the U.S. Equal Employment Opportunity Commission, which conducted the initial investigation.
For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt. If you believe you’ve been discriminated against based on disability, please submit a report online at www.civilrights.justice.gov.
11_20_23_complaint_u.s._v_city_of_blaine.pdf 11_20_23_consent_decree_u.s._v_city_of_blaine.pdfCoffeyville Resources Refining & Marketing Will Pay More Than $23 Million to Address Clean Air Act Violations and Offset Environmental Harm Related to Its Kansas RefineryRead the Press Release
The Justice Department and U.S. Environmental Protection Agency (EPA) today announced a settlement with Coffeyville Resources Refining & Marketing LLC and its affiliated companies (CRRM) for violations of the Clean Air Act and a previous consent decree related to operation of its petroleum refinery in Coffeyville, Kansas. These violations resulted in illegal emissions of various pollutants including an EPA estimate of over 2,300 excess tons of sulfur dioxide (SO2), a pollutant that can make breathing more difficult, from the refinery’s flares from 2015 to 2017.
The United States and the State of Kansas allege that CRRM violated numerous provisions of a 2012 consent decree and the Clean Air Act. Under the settlement, CRRM will spend at least $1 million on a project to benefit the public and environment of Kansas and implement measures costing up to $9 million to prevent future violations and redress the environmental harm caused by their unlawful conduct. The company will also pay more than $13 million in penalties to the United States and Kansas.
“This settlement demonstrates that the United States will take decisive action to address Clean Air Act violations, to enforce the terms of consent decrees and to promote environmental justice,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “The emissions reductions achieved under this settlement will result in healthier air for a community disproportionately affected by air pollution.”
“The settlement with Coffeyville delivers on the promise of EPA’s new climate enforcement strategy by reducing greenhouse gas emissions in amounts equal to taking 10,000 cars off the road every year,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the actions we are taking alongside our state partners in Kansas will reduce harmful air pollution that makes breathing more difficult and causes smog, acid rain and tree and plant damage.”
“We are committed to protecting people and families in the communities where they live,” said EPA Region 7 Administrator Meg McCollister. “In addition to the emission controls provided in the settlement, this order requires CRRM to invest $1 million in an environmental project to be approved by the state of Kansas, which will directly benefit the citizens of the state.”
Since the United States and Kansas began investigating CRRM’s alleged non-compliance in 2016, CRRM’s efforts to come into compliance with Clean Air Act requirements have already eliminated more than 39,000 tons per year of carbon dioxide (CO2) emissions from excessive flaring of waste gas, equivalent to using nearly 4 million fewer gallons of gasoline per year. In addition, EPA estimates that the flare gas recovery system required by the consent decree lodged today will further reduce yearly emissions of greenhouse gases by 12,888 tons, equivalent to using 1.3 million fewer gallons of gasoline annually, and will also reduce yearly emissions of SO2 by 1.7 tons and nitrogen oxide (NOx) by 9.57 tons. NOx is a primary contributor to the formation of smog.
In 2020, the United States and Kansas sought more than $6.8 million in stipulated penalties from CRRM because of the company’s alleged violations of the 2012 consent decree – primarily regarding its failure to properly monitor SO2 emissions from flaring. Various refinery processes lead to flaring or burning of waste gases which emit various pollutants into the atmosphere, including carbon dioxide, methane, and SO2. The U.S. District Court for the District of Kansas held CRRM liable for the stipulated penalties and the company appealed the decision.
Also in 2020, the United States and Kansas alleged additional Clean Air Act violations at the refinery, resulting in excess emissions of SO2 in a community already disproportionately impacted by air pollution. Exposure to SO2 can harm breathing and particularly affects those with asthma, children, and older adults. High concentrations of SO2 can lead to formation of other sulfur oxides and ultimately small particles, which can contribute to particulate matter pollution, acid rain and tree and plant damage.
The consent decree, which the United States filed today, resolves the stipulated penalties demand and violations identified in the complaint. CRRM must:
- Pay more than $6.8 million in stipulated penalties awarded by the court and $183,000 in stipulated penalties for additional violations of the 2012 consent decree;
- Pay more than $6.2 million in additional penalties for Clean Air Act violations alleged in the complaint;
- Spend at least $1 million on an environmentally beneficial project to be approved by the State of Kansas;
- Undertake various measures to facilitate future compliance with the Clean Air Act;
- Reduce NOx emissions from refinery heaters; and
- Build an approximately $9 million flare gas recovery system to reduce the refinery’s flaring.
EPA Region 7, EPA’s Office of Enforcement and Compliance Assurance and the Kansas Department of Health and Environment investigated the case.
Attorneys from ENRD’s Environmental Enforcement Section and the State of Kansas prosecuted the case.
The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at www.justice.gov/enrd/consent-decrees.
British Reinsurance Brokers Resolve Bribery InvestigationsRead the Press Release
Tysers Insurance Brokers Limited (Tysers) and H.W. Wood Limited (H.W. Wood), two U.K.-based reinsurance brokers, have agreed to resolve investigations by the Justice Department into violations of the Foreign Corrupt Practices Act (FCPA) arising from Tysers’ and H.W. Wood’s participation in a corrupt scheme to pay bribes to Ecuadorian government officials.
Tysers and H.W. Wood each entered into a three-year deferred prosecution agreement (DPA) with the department in connection with a criminal information filed in the Southern District of Florida charging both companies with conspiracy to violate the anti-bribery provisions of the FCPA.
“Tysers and H.W. Wood have admitted to engaging in a scheme to bribe multiple Ecuadorian government officials to earn tens of millions of dollars in illicit profits for themselves and their co-conspirators,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Today’s resolutions, along with the numerous related individual cases, demonstrate the department’s steadfast commitment to hold both corporate and individual wrongdoers accountable for their crimes.”
According to court documents, between 2013 and 2017, Tysers (known and doing business during the relevant period as Integro Insurance Brokers Limited) and H.W. Wood, through their employees and third-party agents, agreed to pay bribes totaling approximately $2.8 million to the then-chairman of two Ecuadorian state-owned insurance companies, Seguros Sucre S.A. and Seguros Rocafuerte S.A., and three other Ecuadorian officials to secure improper advantages in order to obtain and retain reinsurance business with the state-owned insurance companies. The bribes were paid to accounts held in Florida and elsewhere and effectuated through, among other things, emails sent from and meetings held in Florida. In furtherance of the scheme, Tysers paid approximately $20.3 million in commissions and H.W. Wood paid approximately $7.9 million in commissions and premium payments to the intermediary company that paid the bribes. Tysers retained commissions of approximately $10.5 million and H.W. Wood retained commissions of approximately $2.3 million.
“Not only have Tysers and H.W. Wood broken any trust held in them by their clients and the market, they have eroded the process of fair and open competition when they paid bribes to foreign officials in exchange for securing lucrative contracts, and kickback for themselves,” said Chief Jim Lee of IRS Criminal Investigation (IRS-CI). “We will continue to work with our partners to investigate FCPA violations to ensure honest corporations that playing by the rules pays better in the end.”
“The defendants engaged in a multimillion-dollar bribery scheme to influence Ecuadorian government officials into doing business with their companies,” said Assistant Director Luis Quesada of FBI’s Criminal Investigative Division. “Today’s resolution shows the FBI will seek justice for violations of the FCPA to keep marketplaces and governments free from corruption worldwide.”
Pursuant to the DPAs, Tysers and H.W. Wood have each agreed to continue to cooperate with the department in any ongoing or future criminal investigations relating to this conduct. In addition, Tysers and H.W. Wood have each agreed to continue to enhance their compliance programs and provide reports to the department regarding remediation and the implementation of compliance measures for the three-year term of the DPAs.
Tysers
Pursuant to its DPA, Tysers will pay a $36 million criminal penalty and administrative forfeiture of approximately $10.5 million. The department reached this resolution with Tysers based on a number of factors, including, among others, the nature and seriousness of the offense. Tysers received credit for its cooperation with the department’s investigation, which included (i) meeting the government’s requests promptly; (ii) making foreign-based employees available for interviews; (iii) collecting and producing voluminous relevant documents to the government, including documents located outside the United States; (iv) making several detailed factual presentations to the government and conducting and producing financial analyses of voluminous transactions; and (v) timely accepting responsibility and reaching a prompt resolution.
Tysers engaged in timely remedial measures, which included, among other things, (i) placing employees involved in the misconduct on paid administrative leave; (ii) terminating all business and affiliations with the intermediary company involved in the misconduct; and (iii) comprehensively reviewing and enhancing its compliance program, including engaging additional resources with appropriate expertise to assist in evaluating and strengthening its compliance program, making enhancements to the governance and oversight of its compliance program, adding new compliance resources and personnel, updating and enhancing its antibribery and anticorruption policies, enhancing procedures related to onboarding and making payments to third-parties, and enhancing training programs. In light of these considerations, Tysers’ criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 25% reduction off the bottom of the applicable guidelines fine range.
H.W. Wood
Pursuant to its DPA, H.W. Wood agreed, based on the application of the U.S. Sentencing Guidelines, that the appropriate criminal penalty is $22.5 million and approximately $2.3 million is forfeitable to the United States. However, due to H.W. Wood’s financial condition and demonstrated inability to pay the penalty calculated under the U.S. Sentencing Guidelines, H.W. Wood and the department agreed, consistent with the department’s inability to pay guidance, that the appropriate criminal penalty is $508,000 and that H.W. Wood is unable to pay the forfeiture amount. The department reached this resolution with H.W. Wood based on a number of factors, including, among others, the nature and seriousness of the offense. H.W. Wood received credit for its cooperation with the department’s investigation, which included (i) meeting the government’s requests promptly; (ii) endeavoring to make foreign-based employees available for interviews; (iii) collecting and producing voluminous relevant documents to the government, including documents located outside the United States; (iv) making several detailed factual presentations to the government and conducting and producing financial analyses of voluminous transactions; and (v) timely accepting responsibility and reaching a prompt resolution.
H.W. Wood engaged in timely remedial measures, which included, among other things, (i) terminating an employee involved in the misconduct; and (ii) enhancing its compliance program, including creating new compliance positions and compliance control improvements, implementing a process to ensure continuous monitoring and review of third-party relationships, and updating and enhancing its policies and procedures, as well as its compliance training and communications. In light of these considerations, H.W. Wood’s criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 25% reduction off the bottom of the applicable guidelines fine range.
The department has, to date, charged eight individuals in related matters:
- Juan Ribas Domenech, the former chairman of Seguros Sucre and Seguros Rocafuerte, pleaded guilty in the Southern District of Florida on Sept. 16, 2020, to money laundering conspiracy for his role in this and another scheme.
- Fernando Martinez Gomez, a financial advisor, pleaded guilty in the Eastern District of New York on March 24, 2022, to two counts, including conspiracy to commit money laundering for on his role in this and another scheme.
- Esteban Merlo Hidalgo, a co-conspirator and agent of Tysers and H.W. Wood, pleaded guilty in the Southern District of Florida on March 28 to four counts of engaging in transactions in criminally derived property obtained through his participation in this scheme.
- A federal grand jury in the Southern District of Florida returned a seven-count indictment against two other defendants, Cristian Patricio Pintado Garcia and Luis Lenin Maldonado Matute, both of whom remain fugitives, on July 14, 2022, for their alleged roles in this scheme.
- Related to this investigation, on March 18, 2022, the department issued an FCPA Corporate Enforcement Policy declination to another U.K.-based reinsurance broker, Jardine Lloyd Thompson Group Holdings Ltd. (JLT), relating to bribes paid through a Florida-based intermediary to Ecuadorian government officials to obtain and retain contracts with Seguros Sucre. In connection with the FCPA Corporate Enforcement Policy declination, JLT disgorged approximately $29 million.
- Separately, the former CEO of JLT’s Colombian subsidiary, Felipe Moncaleano Botero, and two intermediaries, Jose Vicente Gomez Aviles and Roberto Heinert, each pleaded guilty in the Southern District of Florida to one count of money laundering conspiracy, on, respectively, Aug. 4, 2020, June 11, 2020, and Oct. 2, 2020.
The IRS-CI Global Illicit Financial Team and the FBI’s International Corruption Squad in Miami are investigating the case.
Trial Attorneys Katherine Raut and Anthony Scarpelli and Assistant Chief Alexander Kramer of the Criminal Division’s Fraud Section are prosecuting the case.
The Justice Department’s Office of International Affairs and authorities in the United Kingdom, Panama, Ecuador, and Switzerland provided assistance in the matter.
The Fraud Section is responsible for investigating and prosecuting FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Tysers & HW Wood Information
Tysers DPA
HW Wood DPAReadout of the Justice Department’s Servicemembers and Veterans Initiative Program Honoring the Life and Legacy of Sgt. Isaac WoodardRead the Press Release
The Justice Department’s Servicemembers and Veterans Initiative (SVI), in partnership with the Department of Veterans Affairs’ Center for Minority Veterans, convened a program yesterday to honor our nation’s servicemembers for their sacrifices and contributions to our country.
In his opening remarks, Attorney General Merrick B. Garland welcomed attendees and recognized the significant achievements of our nation’s servicemembers and veterans to keep us safe, and highlighted the Justice Department’s efforts to safeguard the rights of members of the armed forces and their families. The Attorney General’s remarks focused attention on the many significant contributions of Sergeant Isaac Woodard, including his military service, and the civil rights advancements, including integration of the armed forces and federal government, sparked in reaction to the abhorrent abuse inflicted upon him.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division moderated a fireside chat with featured guest U.S. District Court Judge Richard Gergel for the District of South Carolina. In addition to his judicial service, Judge Gergel is the author of Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of America.
Sgt. Woodard was a decorated Black soldier who was honorably discharged after serving more than three years in the Pacific during World War II. On his journey home to North Carolina, he asked the bus driver to stop so that he could use the restroom. Instead of honoring Sgt. Woodard’s request, the bus driver launched a verbal tirade at him using racial slurs. Sgt. Woodard stood up for himself and asked to be treated with dignity and respect. The bus driver called the local police, and while still in uniform, Sgt. Woodard was arrested, brutally beaten, and blinded while in police custody in Batesburg, South Carolina.
During the fireside chat, Assistant Attorney General Clarke and Judge Gergel discussed this tragic story that served as a catalyst for significant advancements during the Civil Rights Movement. Specifically, Judge Gergel discussed the direct link between Sgt. Woodard’s story and President Harry S. Truman’s issuance of Executive Order 9981 banning segregation in the military, among other actions.
The program was moderated by SVI Director Nicole Siegel. It concluded with remarks from the Center for Minority Veterans Director James Albino. He discussed the center’s work to ensure all veterans receive equal service regardless of race, origin, religion, or gender.
Attendees included over 300 employees, including many veterans, from across the federal government, including the Departments of Justice, Veterans Affairs, Defense, Education, Labor, Housing and Urban Development, and many others.
The Servicemember and Veterans Initiative, housed in the Justice Department’s Civil Rights Division, works to ensure that the rights of the brave men and women of our nation’s armed forces, and the veterans who have served in the past, are safeguarded from discrimination and unfair treatment. To learn more about the Justice Department’s Servicemember and Veterans Initiative, please visit Servicemembers and Veterans Initiative.
Attorney General Garland delivers opening remarks at the program. Assistant Attorney General Clarke delivers remarks at the program. Assistant Attorney General Clarke and Judge Gergel participate in a fireside chat.Pharmacy Owners and Doctor Convicted for $145M Health Care Fraud, Money Laundering, and Tax Evasion SchemeRead the Press Release
A federal jury convicted three Texas men yesterday for a $145 million scheme to defraud the Department of Labor through the submission of fraudulent claims for prescription compound creams.
According to court documents and evidence presented at trial, Dehshid “David” Nourian, 59, of Plano; and Christopher Rydberg, 47, of Fort Worth, and others conspired to pay Dr. Michael Taba, 59, of McKinney, and other doctors to prescribe medically unnecessary compound creams to injured federal workers. Nourian and Rydberg owned and/or operated three pharmacies located in Fort Worth and Arlington. They paid Taba for referring expensive compound medications to be filled by those pharmacies. In less than three years, between May 2014 and March 2017, the pharmacies billed the Department of Labor Office of Workers’ Compensation Programs (DOL-OWCP) and Blue Cross Blue Shield more than $145 million and were paid more than $90 million for unnecessary prescriptions referred by Taba and other providers in exchange for bribes and kickbacks. Nourian, Rydberg, and others then attempted to conceal their ill-gotten gains by laundering the money through purported holding companies and attempted to evade paying federal income taxes on the illicit proceeds.
Nourian, Rydberg, and Taba were convicted of one count of conspiracy to commit health care fraud; and eight (Nourian) and three (Taba) counts of health care fraud, respectively, each count carrying a maximum penalty of 10 years in prison. Nourian and Rydberg were also convicted of one count of conspiracy to launder money and five and six counts of money laundering, respectively, each count carrying a maximum penalty of 20 years in prison, and one count of conspiracy to defraud the United States, which carries a maximum penalty of five years in prison.
All of the defendants are scheduled to be sentenced at a later date. 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; Special Agent in Charge Jonathan Ulrich of the U.S. Postal Service Office of Inspector General (USPS-OIG), Southern Area Field Office; Acting Special Agent in Charge Casey Howard of the Department of Labor Office of the Inspector General (DOL-OIG), Dallas Regional Office; Special Agent in Charge Kris Raper of the Department of Veterans Affairs Office of the Inspector General (VA-OIG), South Central Field Office; and Special Agent in Charge Ramsey Covington of the IRS Criminal Investigation (IRS-CI) Houston Field Office made the announcement.
The USPS-OIG, DOL-OIG, VA-OIG, and IRS-CI investigated the case.
Trial Attorneys Alexander Thor Pogozelski, Ethan Womble, and Edward Emokpae of the Criminal Division’s Fraud Section are prosecuting the case, with significant assistance from Acting Assistant Chief Catherine Wagner.
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 the Office of the Inspector General for the Department of Health and Human Services, 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.
Man arrested with ten pounds of methamphetamine and three firearms sentenced to 10 years in prisonRead the Press Release
Seattle – A 43-year-old man who was arrested in Federal Way, Washington in August 2022, with ten pounds of methamphetamine for a drug deal, was sentenced to ten years in prison, announced Acting U.S. Attorney Tessa M. Gorman. Tawn Tzo Saeteurn pleaded guilty in April 2023 to possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense. At today’s sentencing hearing, U.S. District Judge Richard A. Jones said, “Your continued dealing shows that you had little or no respect for the law.”
According to records filed in the case, Saeteurn had agreed to deliver ten pounds of meth and additional fentanyl pills to a drug purchaser. When Saeteurn arrived with the drugs, he was arrested and his car was searched. He had a .22 caliber pocket pistol in the driver’s side door of his vehicle, a .38 caliber Titan Tiger revolver on the floorboard of the passenger seat next to a bag containing 10 pounds of methamphetamine, and a 9mm Glock hidden in the gap between the driver’s seat and the center console.
In addition to the methamphetamine, Saeteurn had nearly a half kilo of fentanyl pills, some fentanyl powder, $2,495 in U.S. currency, plastic baggies, two scales, and five cell phones.
The case was investigated by the FBI.
The case was prosecuted by Assistant United States Attorney Zach Dillon.
Justice Department's Procurement Collusion Strike Force Holds Its First Summit to Discuss Strategies to Combat Emerging ThreatsRead the Press Release
Yesterday, the Justice Department’s Antitrust Division and the Procurement Collusion Strike Force (PCSF) hosted its first summit to convene its law enforcement partners from across the country to discuss emerging threats and strategies to confront them. Assistant Attorney General (AAG) Jonathan Kanter, Deputy Assistant Attorney General (DAAG) Manish Kumar, PCSF Director Daniel Glad and other department officials were joined by representatives from among the PSCF’s 11 national law enforcement partners and 22 U.S. Attorneys’ Offices.
During the summit, AAG Kanter, DAAG Kumar and Director Glad commemorated the PCSF’s fourth anniversary and reflected on its growth and success since its inception. They also detailed additional resources the division has dedicated to combat procurement collusion, emphasized the importance of law enforcement partnerships and a whole-of-government response to persistent threats in government spending and sharpened the PCSF’s focus on the challenges, risks and opportunities of increased federal spending.
Summit participants discussed the heightened areas of procurement collusion risk resulting from the Infrastructure Investment and Jobs Act, the Inflation Reduction Act of 2022, the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022 and supplemental funding in response to the invasion of Ukraine. Last week, Director Glad delivered a speech at the National Association of State Procurement Officials’ 10th Annual Law Institute. In his remarks, he outlined the ways that states can partner with the PCSF to address these emerging threats.
The PCSF is the Justice Department’s coordinated, joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact procurement, grant and program funding at all levels of government — federal, state and local.
Since its inception in November 2019, the PCSF has opened more than 100 criminal investigations and trained more than 31,000 people. In that time, the PCSF and the Antitrust Division have investigated and prosecuted over 65 companies and individuals involving over $500 million worth of government contracts. The summit marks the department’s continued support of the PCSF as it enters its fifth year.
AAG Jonathan Kanter delivers opening remarks at the Justice Department’s PCSF Summit. DAAG Manish Kumar delivers closing remarks at the Justice Department’s PCSF Summit. PCSF Director Dan Glad delivers remarks at the Justice Department’s PCSF Summit.
Representatives from the PCSF’s 11 National Law Enforcement Partners and 22 U.S. Attorneys’ offices participate in the Summit.미 법무부, 다기관 간 언어 접근성 실무 그룹 출범Read the Press Release
법무부는 오늘 연방 정부 전반에 걸쳐 언어 접근성을 조정할 새로운 다기관 간 연방 언어 접근성 실무 그룹(Federal Language Access Working Group)의 출범을 발표했습니다. 이 실무 그룹의 생성과 함께, 법무부는 메릭 B. 갈랜드(Merrick B. Garland) 법무부장관의 연방 기관에 대한 언어 접근성 각서 1주년 기념일에 웹사이트, www.LEP.gov, 를 통해 개의 업데이트된 연방 기관 언어 접근성 계획 출시를 발표했습니다.
2022년 11월 갈랜드 법무부장관은 행정명령 13166, “영어 능력이 제한적인 사람들을 위한 서비스 접근성 개선”에 따라 연방 기관에 언어 접근성 계획을 수정하고 모범 사례를 공유하며, 언어 접근성 계획 및 노력에 대한 정보를 교환하도록 지시했습니다. 오늘은 그 업데이트 된 계획의 일 회분을 게시하며 향후 몇 달 안에 추가 연방 기관들이 업데이트 된 계획들을 포스팅하게 됩니다.
“언어의 장벽이 시민 생활의 참여에 방해가 되지 않도록 할 때에 우리 정부는 비로소 모든 국민들에게 더 나은 서비스를 제공합니다”라고 갈랜드 법무부장관은 말했습니다. “저는 정부 프로그램들이 지속적으로 모든 사람들에게 접근 가능하도록 보장하기 위해 업데이트된 언어 접근성 계획 및 정책을 발표하여 이러한 장벽을 해결하는 방법들을 재검토하라고 요청하였고, 12개 이상의 연방 기관들이 그에 응하였음을 오늘 발표하게 되어 기쁩니다. 법무부는 이 기관들이 언어 접근성 계획을 시행하는 것과 연방 프로그램 및 서비스 전반에 걸쳐 언어 격차를 줄이기 위한 그들의 광범위한 노력을 계속해서 지원할 것입니다.”
법무부 민권국의 크리스틴 클라크(Kristen Clarke) 법무 차관보는 “이 나라의 모든 사람들은 말하고, 읽고, 쓰는 언어와 상관없이 자신의 권리를 행사하고, 중요한 정보를 얻고, 자격이 있는 혜택과 서비스를 이용할 수 있어야 합니다”라고 말했습니다. 또한 “오늘 발표된 업데이트된 언어 접근성 계획들은 영어 능력이 제한된 사람들이 참되고 의미 있는 연방 프로그램 및 활동의 특권을 누리도록 연방 직원들이 취해야 하는 조치를 제시합니다. 또한, 연방 직원들이 모든 지역사회와 정확하고 효과적으로 소통하는 데 필요한 정보를 갖추도록 합니다”라고 말했습니다.
연방 언어 접근성 실무 그룹(Federal Language Access Working Group)은 업데이트된 언어 접근성 계획을 구현하기 위해 연방 기관들에 지원 및 기술 지원을 제공하는 중앙 자원 역할을 합니다. 이 실무 그룹은 또한 지역사회 단체, 영어 능력이 제한된 개인 및 기타 이해 관계자들과 직접 협력하여 행정명령 13166 및 기타 연방 언어 접근성의 의무를 준수합니다. 또한 연방 재정 지원 수령자들이 연방법에 따른 언어 접근성의 의무를 준수하도록 하는 데에도 집중할 예정입니다. 법무장관의 각서는 기관들에게1964년 민권법 제6장 및 그 시행 규정에 따라 연방 재정 지원 수령자가 효과적인 언어 접근성을 제공해야 하는 의무를 이해하고 준수하도록 보장하는 추가 방법을 고려할 것을 촉구했습니다.
오늘 발표는 언어 접근성 향상에 대한 법무부의 오랜 노력을 기반으로 합니다. 민권국은 최근 주 법원을 위한 웨비나와 함께 법원 언어 접근성에 관한 팩트시트를 발행했습니다. 또한 법 집행 기관들이 효과적인 언어 지원을 제공해야 하는 의무의 이행을 전국적으로 돕는 법 집행 언어 접근성 계획(Law Enforcement Language Access Initiative)을 시작했습니다.
2022년 11월 법무장관 각서에 따라 법무부는 2023년 8월에 개정된 언어 접근성 계획을 발행했으며, 여기에서 확인하실 수 있습니다. 스페인어, 중국어 간체, 중국어 번체, 베트남어, 한국어, 타갈로그어, 아랍어 및 프랑스어 번역본도 제공됩니다. 사법접근실의 언어 접근성 프로그램(Language Access Program)은 법무부의 개정된 계획의 실행을 조정하고, 법무부의 구성원들에 대한 교육 및 기술 지원을 제공하며, 언어 접근성 자원을 확장하고, 법무부의 계획에 따라 개선된 언어 접근성 정책 및 관행을 촉진합니다. 이 프로그램의 언어 접근성 코디네이터는 법무부의 계획을 구현하기 위한 법무부 차원의 노력의 일환인 언어 접근성 실무 그룹을 주관합니다.
민권국에 대한 추가 정보는 웹사이트 www.justice.gov/crt에서 확인할 수 있으며 영어 능력 제한 및 행정 명령 13166에 대한 정보는 www.LEP.gov에서 확인할 수 있습니다.
司法部成立新的跨部门语言服务工作组Read the Press Release
司法部今天宣布成立联邦语言服务工作组, 此项新的跨部门工作将协调整个联邦政府的语言服务。随着该工作组的成立, 该部门还宣布, 在司法部长梅里克∙B·加兰德向联邦机构发布语言服务备忘录一周年之际, 在其网站www.LEP.gov 上发布更新的联邦机构语言服务计划。
司法部长加兰德在2022年11月指令联邦机构根据第13166号行政命令,《改善英语水平有限者获得服务之机会》修订其语言服务计划, 分享最佳实践并交流有关语言服务倡议与努力之信息。今天标志着第一批更新后的计划的发布, 其他联邦机构将在未来数月发布其更新后的计划。
“当政府能确保语言障碍不会阻碍人民参与公民生活时，我们的政府就能更佳提供服务与所有美国人。”司法部长加兰德表示。“今天，很高兴与大家分享，十几个联邦机构响应了我的呼吁，重新审视了如何应对这些障碍的方法，透过发布更新后的语言服务计划与政策，以确保所有人都能使用政府的服务。司法部将继续支持各机构执行其语言服务计划，以及缩短联邦方案与服务间语言鸿沟之更广泛的努力。”
“无论使用何种语言讲话，阅读或书写，在本国的每一个人皆应能行使其权利, 取得重要信息, 以及获得与他们的资格相符的福利和服务。” 司法部民权司助理总检察长克里斯汀·克拉克说，“今天发布的最新语言服务计划规定了联邦工作人员必须采取的步骤，以确保限英语水平有限的个人能够名副其实地参与联邦计划和活动。这些计划将使联邦工作人员掌握所需的信息以准确有效地与所有小区沟通。”
联邦语言服务工作组将作为提供支持和技术援助的中心资源，协助联邦机构实施更新后的语言服务计划工作。工作组亦将直接与小区团体，英语水平有限的人和其他利益相关者互动，确保第13166号行政命令和其他联邦语言服务义务得以遵循。工作组还将着重确保获得联邦资助者按照联邦法律规定行使语言服务义务。司法部长的备忘录呼吁各机构考虑其他办法，确保联邦财政援助接受者了解并遵守根据1964年《民权法》第六章及其实施条例的要求提供有意义的语言服务之义务。
今天的公告是基于司法部对促进语言服务的长期承诺之上。民权司最近与州法院的网络研讨会协调，发布了一份关于法院语文服务情况的概况介绍。该司还发起了"执法语言服务倡议"，这是一项全国性的工作，旨在协助执法机构履行其义务，提供有意义的语言服务。
根据司法部长2022年11月的备忘录，司法部在8月发布了更新的语言服务计划， 该计划可在此处查阅。西班牙文、简体中文、繁体中文、越南文、韩文、他加禄语、阿拉伯文和法文翻译也可供查阅。司法部语言服务计划办公室协调执行该部的修订计划，贵司法部各下属部门提供培训和技术援助，扩大语言服务资源，并根据司法部的计划推动改进后的语言服务政策和实践。该计划的语言服务协调员担任本部之语言服务工作组主席，为全部门性责成努力执行本部之计划。
有关民权司的其他信息可上其网站 www.justice.gov/crt 查询，有关有限英语水平及第13166号行政命令的信息，可浏览 www.LEP.gov.
司法部成立新的跨部門語言服務工作組Read the Press Release
司法部今天宣佈成立聯邦語言服務工作組, 此項新的跨部門工作將協調整個聯邦政府的語言服務。隨著該工作組的成立, 該部門還宣佈, 在司法部長梅里克∙B·加蘭德向聯邦機構發佈語言服務備忘錄一週年之際, 在其網站www.LEP.gov 上發佈更新的聯邦機構語言服務方案。
司法部長加蘭德在2022年11月指令聯邦機構依照第13166號行政命令,《改善英語水準有限者獲得服務之機會》修訂其語言服務方案, 分享最佳實踐並交流有關語言服務倡議與努力之資訊。今天標志著第一批更新後的方案的發佈, 其他聯邦機構將在未來數月發佈其更新後的方案。
“當政府能確保語言障礙不會阻礙人民參與公民生活時，我們的政府就能更佳提供服務與所有美國人。”司法部長加蘭德表示。“今天，很高興與大家分享，十幾個聯邦機構響應了我的呼籲，重新審視了如何應對這些障礙的方法，透過發佈更新後的語言服務方案與政策，以確保所有人都能使用政府的服務。司法部將繼續支持各機構執行其語言服務方案，以及縮短聯邦方案與服務間語言鴻溝之更廣汎的努力。”
“無論使用何種語言講話，閲讀，或是書寫，在本國的每一個人皆應能行使其權利, 取得重要資訊, 以及獲得與他們的資格相符的福利和服務。” 司法部民權司助理總檢察長克里斯汀·克拉克說，“今天發佈的最新語言服務方案規定了聯邦工作人員必須採取的步驟，以確保英語水準有限的個人能夠名副其實地參與聯邦計劃和活動。這些方案將使聯邦工作人員掌握所需的資訊以準確有效地與所有社區溝通。”
聯邦語言服務工作組將作爲支援和技術援助的中心資源，協助聯邦機構實施更新後的語言服務方案工作。工作組亦將直接與社區團體，英語水準有限的人和其他利益相關者互動，確保第13166號行政命令和其他聯邦語言服務義務得以遵循。工作組還將着重確保獲得聯邦資助者按照聯邦法律規定行使語言服務義務。司法部長的備忘錄呼籲各機構考慮更多辦法，以便各機構確保聯邦財政援助接受者瞭解並遵守其根據1964年《民權法》第六章及其實施條例的要求提供名副其實的語言服務之義務。
今天的公告是基於司法部對促進語言服務的長期承諾之上。民權司最近與州法院的網路研討會協調，發佈了一份關於法院語文服務情況的概況介紹。該司還發起了"執法語言服務倡議"，這是一項全國性的工作，旨在協助執法機構履行其義務，提供有意義的語言服務。
根據司法部長2022年11月的備忘錄，司法部在8月發佈了更新的語言服務方案， 該方案可在此處查閲。西班牙文、簡體中文、繁體中文、越南文、韓文、他加祿語、阿拉伯文和法文翻譯本也可供查閱。司法部語言服務計劃辦公室協調執行該部的修訂方案，對司法部各下屬部門提供培訓和技術援助，擴大語言服務資源，並根據司法部的方案推動改進後的語言服務政策和實踐。該計劃的語言服務協調員擔任本部之語言服務工作組主席，為全部門性責成努力執行本部之方案。
有關民權司的其他資訊可上其網站 www.justice.gov/crt 查詢，有關有限英語水準及第13166號行政命令的資訊，可瀏覽 www.LEP.gov.
وزارة العدل تطلق مجموعة عمل جديدة بين الوكالات معنية بتيسيير التواصل اللغويRead the Press Release
أعلنت وزارة العدل الأمريكية اليوم عن إطلاق مجموعة العمل الفيدرالية لتيسيير التواصل اللغوي، وهي جهد جديد مشترك بين الوكالات من شأنه تنسيق تيسيير التواصل اللغوي عبر الحكومة الفيدرالية. أعلنت الوزارة أيضاً إلى جانب إنشاء مجموعة العمل هذه عن إصدار خطة للوكالات الفيدرالية لتيسسير التواصل اللغوي على موقعها www.LEP.gov وذلك في الذكرى الأولى لمذكرة (memorandum) وزير العدل ميريك بي. جارلاند للوكالات الفيدرالية الخاصة بتيسيير التواصل اللغوي.
في شهر تشرين الثاني / نوفمبر 2022، وجه وزير العدل جارلاند الوكالات الفيدرالية بمراجعة خططها الخاصة بتيسيير التواصل اللغوي ومشاركة أفضل الممارسات وتبادل المعلومات المتعلقة بمبادرات تيسيير التواصل اللغوي امتثالاً للأمر التنفيذي رقم 13166، "تحسين إتاحة الخدمات للأشخاص الذين لا يتقنون اللغة الإنجليزية". ويصادف اليوم إصدار الدفعة الأولى من تلك الخطط المستحدثة مع قيام وكالات فيدرالية أخرى بنشر خطط مستحدثة في الأشهر المقبلة.
وقال وزير العدل جارلاند: "إن حكومتنا تقدم خدمات لكل الأمريكيين بشكل أفضل عندما نتأكد أن الحواجز اللغوية لا تقف عقبة في طريق المشاركة في الحياة المدنية." وأضاف وزير العدل "اليوم، يسعدني أن أقول لكم بأن أكثر من إثنى عشر وكالة فيدرالية قد إستجابت لدعوتي لإعادة النظر في السبل التي تتعامل بها مع هذه الحواجز من خلال إطلاق خطط وسياسات مستحدثة لتيسير التواصل اللغوي والتي تهدف للتأكد من بقاء البرامج الحكومية في متناول الجميع. وسوف تستمر وزارة العدل في دعم الوكالات في تنفيذ خططها لتيسير التواصل اللغوي، وجهودها الأوسع نطاقاً لإغلاق الفجوة اللغوية عبر البرامج والخدمات الفيدرالية".
وقالت كريستين كلارك مساعدة وزير العدل في دائرة الحقوق المدنية بوزارة العدل: "يجب أن يكون كل شخص في هذا البلد قادراً على ممارسة حقوقه والحصول على المعلومات المهمة، والفوائد والخدمات التي يحق له الحصول عليها بغض النظر عن اللغة التي يتحدث بها أو يقرأها أو يكتبها. إن الخطط المُستحدثة لتيسير التواصل اللغوي التي صدرت هذا اليوم تُبين الخطوات التي يتخذها الموظفون الفيدراليون للتأكد من أن الوصول الفعلي والمفيد إلى البرامج والأنشطة الفيدرالية مُتاح للأشخاص الذين لديهم كفاءة محدودة في اللغة الإنجليزية، كما أن هذه الخطط تزود الموظفين الفيدراليين بالمعلومات التي يحتاجون إليها للتواصل الصحيح والفعال مع كل المجموعات."
قالت كريستين كلارك مساعدة المدعي العام بدائرة الحقوق المدنية بوزارة العدل الأمريكية: "يجب أن يكون كل شخص في البلاد قادراً على ممارسة حقوقه والحصول على المعلومات الهامة والحصول على المزايا والخدمات التي يحق له الحصول عليها بغض النظرعن اللغة التي يتحدث بها أو يقرأها أو يكتبها." إن الخطط المستحدثة لتيسيير التواصل اللغوي التي تم إصدارها اليوم تضع الخطوات التي يجب أن يتخذها الموظفون الفيدراليون لضمان توفير استفادة مجدية للأفراد الذين لا يتقنون اللغة الإنجليزية فيما يتعلق بالبرامج والأنشطة الفيدرالية، وتزويد الموظفين الفيدراليين بالمعلومات التي يحتاجون إليها للتواصل بدقة وفعالية مع كل المجتمعات."
وستكون مجموعة العمل الفيدرالية لتيسيير التواصل اللغوي بمثابة المورد المركزي لتوفير الدعم والمساعدة التقنية للوكالات الفيدرالية وهي تعمل على تنفيذ خططها المستحدثة لتيسيير التواصل اللغوي، وسوف تنخرط مجموعة العمل أيضاً بشكل مباشر مع الجماعات المجتمعية والأفراد الذين لا يتقنون اللغة الإنجليزية وغيرهم من أصحاب المصلحة لضمان الالتزام بالأمر التنفيذي 13166 وغيره من الالتزامات الفيدرالية المتعلقة بتيسيير التواصل اللغوي، وستقوم مجموعة العمل أيضاً بالتركيز على ضمان امتثال مُتلقي الأموال الفيدرالية بالتزاماتهم المتعلقة بتيسيير التواصل اللغوي بموجب القانون الفيدرالي. ودعت مذكرة وزير العدل الوكالات إلى النظر في سبل إضافية تضمن بها الوكالات فهم متلقو المساعدات المالية الفيدرالية لألتزاماتهم والامتثال لهذه الالتزامات لتوفير سبل التواصل اللغوي المجدية بموجب متطلبات المادة السادسة من قانون الحقوق المدنية لعام 1964 ولوائحها التنفيذية.
يستند إعلان اليوم إلى التزام وزارة العدل منذ فترة طويلة في المضي قدماً في تيسيير التواصل اللغوي. ولقد أصدرت شعبة الحقوق المدنية مؤخراً صحيفة وقائع (fact sheet) حول تيسيير التواصل اللغوي للمحاكم بالتنسيق مع حلقة دراسية على الانترنت لمحاكم الولايات. وأطلقت الشعبة أيضاً مبادرة تيسيير التواصل اللغوي في مجال إنفاذ القانون (Law Enforcement Language Access Initiative)، وهي مبادرة على الصعيد الوطني لمساعدة وكالات إنفاذ القانون على الوفاء بالتزاماتهم بتيسيير التواصل اللغوي على نحو مجد.
وعملاً بمذكرة وزير العدل الصادرة في تشرين الثاني / نوفمبر 2022، أصدرت وزارة العدل خطتها المُنقحة الخاصة بتيسيير التواصل اللغوي في آب / أغسطس 2023، التي يمكن الإطلاع عليها هنا (here). كما تتوفر أيضاً ترجمات إلى الاسبانية والصينية المُبسطة والصينية التقليدية والفيتنامية والكورية والتغالوغية والعربية والفرنسية. ويقوم مكتب تيسيير التواصل اللغوي (Language Access Program) التابع لوزارة العدل بتنسيق تنفيذ الخطة المنقحة التي أعدتها وزارة العدل وتوفير التدريب والمساعدة الفنية لمكونات وزارة العدل وتوسيع موارد تيسيير التواصل اللغوي وتعزيز سياسات وممارسات تيسيير التواصل اللغوي بشكل أفضل بما يتماشى مع خطة الوزارة. ويرأس منسق برنامج تيسيير التواصل اللغوي الفريق العامل المعني بتيسيير التواصل اللغوي التابع للوزارة وهو جهد يُبذل على مستوى الوزارة لتنفيذ خطة الوزارة.
تتوفر معلومات إضافية حول قسم الحقوق المدنية على موقعه على الإنترنت على: www.justice.gov/crt كما يمكن الإطلاع على معلومات حول الكفاءة المحدودة في اللغة الإنجليزية والأمر التنفيذي 13166 على موقع www.LEP.gov.
Two Texas Men Sentenced to Prison for Firearms Trafficking to MexicoRead the Press Release
Two Texas men were sentenced to prison for their roles in firearms trafficking to Mexico.
“Traffickers in fully automatic firearms from the United States to Mexico aid in the cartels’ efforts to manufacture dangerous drugs and smuggle them into our country,” said Attorney General Merrick B. Garland. “The Justice Department will do everything in its power to find and hold accountable the gun traffickers who are arming the cartels. I am grateful to the U.S. Attorney’s Office for the Southern District of Texas and ATF for their outstanding work in both of these cases.”
“ATF cannot and will not stand by while Ghost Guns flow to Mexican Cartels to support their violent and deadly crimes,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco and Firearms (ATF). “With our partners, ATF is working every day to catch the firearms traffickers, drug dealers, and straw purchasers who arm those criminals with increasingly lethal weaponry, which includes machine guns. We will use every tool provided, including the new laws in the Bipartisan Safer Communities Act, to try to stop those arming the cartels.”
Jaime Jesus Esquivel, 37, of Laredo, was sentenced to 120 months in prison followed by three years of supervised release for possession of a machine gun, possession of a firearm by a convicted felon, and conspiracy to possess intent to distribute cocaine. Esquivel pleaded guilty on June 6, admitting, in part, to producing and illegally exporting fully automatic firearms to Mexico for the use of drug cartels.
Jose Abraham Nicanor, 34, of Houston, was sentenced to 60 months in prison for the illegal purchase and trafficking of firearms. A federal jury convicted Nicanor on May 11 on all 13 counts as charged following a three-day trial. He was also convicted for possessing a firearm after a previous felony for armed robbery.
United States v. Esquivel
As part of the undercover investigation, authorities conducted four controlled purchases of cocaine and AR-type fully automatic rifles. The weapons were ghost guns, a common term for privately made firearms absent any manufacture marks of identification. Esquivel assembled these weapons for distribution.
Esquivel also made the firearms from various components of combat weapons including Colt M4 parts and a 3D-printed polymer AR-type drop in auto sear or machine gun conversion device (MGCD). An MGCD is any part designed and intended solely and exclusively for use in converting a weapon into a machine gun.
Law enforcement executed two search warrants and seized privately-made manufactured AR-type lower receivers, firearm parts, firearm manufacturing tools, 950 rounds of assorted ammunition, a 7.62mm rifle, a 12-gauge shotgun and a privately-made short-barrel fully automatic rifle without serial numbers or industry markings. They also found methamphetamines, cocaine, and a 3D printer.
As a convicted felon, he is now prohibited from possessing firearms or ammunition.
Esquivel will remain in custody pending transfer to a Federal Bureau of Prisons (FBOP) facility.
The Drug Enforcement Administration (DEA), ATF, and Laredo Police Department investigated the case.
Assistant U.S. Attorney Brandon Scott Bowling for the Southern District of Texas prosecuted the case.
United States v. Nicanor
At the hearing, the court heard evidence that showed Nicanor aggregated the firearms shipment to Mexico. In handing down the sentence, the court noted Nicanor’s conduct amounted to more than mistakes, but to a pattern of choices to violate the law.
At trial, the jury heard that Nicanor recruited two straw purchasers to buy high-caliber rifles that drug trafficking organizations regularly seek.
Testimony and evidence presented at court showed that a total of 94 firearms were attributable to Nicanor’s straw purchasing group. Mexican authorities later recovered many of the firearms in the possession of drug trafficking organizations.
The jury also heard that Nicanor rented a machine gun at a local gun range and posted a video of himself with the firearm to his social media. As a convicted felon, he is prohibited from possessing firearms or ammunition per federal law.
Nicanor was permitted to remain on bond and voluntarily surrender to an FBOP facility to be determined in the near future.
The straw purchasers, James Paxton Jefferson, 34, and Alejandro Garcia, 33, both of Houston, previously pleaded guilty and have been sentenced.
ATF investigated the case. Mexican authorities also provided assistance.
Assistant U.S. Attorneys Lisa Collins and Stuart Tallichet for the Southern District of Texas prosecuted the case.
The Justice Department’s Bureau of Justice Assistance and National Institute of Corrections Launch First of its Kind Resource to Assist Nation’s Jails in Providing Wrap-Around ServicesRead the Press Release
The Justice Department, through the Bureau of Justice Assistance (BJA), a program office of its Office of Justice Programs, and the National Institute of Corrections (NIC), today announced the launch of the Jails and Justice Support Center, a first of its kind initiative to bring together innovative policies, strategies, promising practices and resources to help in the management of the more than 3,000 jails nationwide.
The center is an online resource that will serve as a national hub for information, training and resources supporting the state and local agencies that operate America’s jails. It will cover the core topics and key areas of policy, practice and culture that support a constitutionally sound foundation for administering a jail, with the ultimate goal of improving outcomes for all who live, work in and visit our nation’s jails.
“Jail administrators and the Justice Department share a common goal: safe jails that honor the dignity, humanity and constitutional rights of everyone — incarcerated people, staff and visitors alike,” said Associate Attorney General Vanita Gupta. “We are excited to make this new resource available to jail administrators and staff across the country as they work to create safe and humane conditions in their facilities.”
At today’s announcement, sheriffs, jail administrators, stakeholders and Justice Department officials described the subject areas the center is focusing on in its initial stages, including screening and assessment, medical and behavioral health and use of force.
BJA and NIC selected CNA’s Center for Justice Research and Innovation to lead the development and delivery of the center. Partners in this effort include the American Jail Association, the National Sheriffs’ Association, the Major County Sheriffs of America, the National Association of Counties and Rulo Strategies.
“The Jails and Justice Support Center is a key component of BJA’s efforts to provide direct, impactful assistance to the criminal justice field,” said BJA Director Karhlton F. Moore. “Sheriffs, jail administrators, county leaders and other stakeholders across the nation will benefit from the information, resources and technical assistance designed to address the specific needs and challenges faced by jails today.”
“The collaboration between the National Institute of Corrections and its federal partners in launching the Jails and Justice Support Center is a significant step towards better serving the nation's sheriffs and jail administrators,” said NIC Director Holly Busby. “It highlights NIC's long-standing dedication to supporting them and their vital role in the criminal justice system. Through this collaborative effort, they can access the resources and assistance needed to manage their jails effectively and promote community safety.”
About the Office of Justice Programs
OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance equity and fairness in the administration of justice, assist victims and uphold the rule of law. More information about OJP and its components can be found at www.ojp.gov.
About the Bureau of Justice Assistance
BJA helps America’s state, local and Tribal jurisdictions reduce and prevent crime, lower recidivism, and promote a fair and safe criminal justice system. BJA provides a wide range of resources — including grants, funding and training and technical assistance — to law enforcement, courts and corrections agencies, treatment providers, reentry practitioners, justice information sharing professionals and community-based partners to address chronic and emerging criminal justice challenges nationwide. To learn more about BJA, visit www.bja.ojp.gov or follow their Facebook (www.facebook.com/DOJBJA) and Twitter (@DOJBJA). BJA is a component of the Justice Department's Office of Justice Programs.
About the National Institute of Corrections
NIC is the only federal agency with a legislative mandate (Public Law 93-41 5) to provide specialized services to corrections from a national perspective. NIC is recognized by other federal agencies for its unique role and quality services. Its leadership is evidenced by the numerous partnerships and interagency agreements targeted to provide correctional services and training. NIC provides practical assistance in planning and implementing improvements at the federal, state and local levels. These efforts contribute to cost efficiency and effectiveness in such areas as planning, design, and operation of new jails, prisons, and community corrections programs, offender workforce development programs, and offender classification and risk assessment. Learn more at www.nicic.gov.
Justice Department and Department of Education Announce Successful First Year of New Student-Loan Bankruptcy Discharge ProcessRead the Press Release
WASHINGTON – The Justice Department, in close coordination with the Department of Education, announced today a successful first year of the new process for handling cases in which individuals seek to discharge their federal student loans in bankruptcy. One year after Associate Attorney General Vanita Gupta announced the process in November 2022, data and information show that the process is achieving its goals of ensuring consistency and equity in the evaluation of student loan discharge requests, and that the process has translated into increasing numbers of eligible federal student loan borrowers seeking and obtaining debt relief under the Bankruptcy Code.
The departments finalized new guidance in November 2022 that outlined a fairer, more accessible process to ensure consistent treatment of the discharge of federal student loans, reduce the burden on borrowers of pursuing such proceedings, and facilitate identifying cases where discharge is appropriate. At the time, both the departments committed to assessing the guidance after the first year of implementation. To do so, the Justice Department surveyed all 94 U.S. Attorneys’ Offices and consulted closely with the Department of Education to gather data and comments on the process. A dedicated group of experts within the Civil Division also collected input on the new process from consumer law groups, including the National Association of Consumer Bankruptcy Attorneys. Finally, the Civil Division has conducted large-scale trainings for Department attorneys, as well as public training events supported by regional bar associations and the courts, including most recently a training session hosted by the American Bankruptcy Institute that was attended by over 300 consumer bankruptcy attorneys. The Department of Education also participated in training events hosted by regional bar associations, as well as at the annual meeting of the National Association of Chapter 13 Trustees (NACTT), which included private attorneys as well as Chapter 13 trustees.
The information that the departments have collected indicates that the new process is making it easier for eligible debtors to achieve bankruptcy discharge of their federal student loan debts. Since the process was announced one year ago:
- 632 cases were filed in the first 10 months of the new process (November 2022 through September 2023), a significant increase from recent years. The departments anticipate that this trend will continue.
- 97% of all borrowers in the cases filed are voluntarily using the new streamlined process.
- The vast majority of borrowers seeking discharge have received full or partial discharges. In 99% of cases where courts have entered orders or judgments to date, the government recommended, and the court agreed to, a full discharge or partial discharge.
- Two bankruptcy courts — the Northern and Central Districts of California — have adopted procedures recognizing the utility of the new process, aimed at further streamlining the procedures debtors must follow to obtain discharges.
“One year ago, we set out to simplify and improve the process for student loan borrowers in bankruptcy,” said Associate Attorney General Gupta. “I am thrilled that our one-year review indicates that our efforts have made a real difference in borrowers’ lives by ensuring student-loan discharges are more accessible to eligible borrowers. We will continue working with our partners at the Department of Education to ensure the process continues to be a success.”
“It is clear that this improved process is helping struggling borrowers,” said Chief Operating Officer Rich Cordray of the Department of Education's Office of Federal Student Aid. “This guidance is an important piece of our overall efforts to create a student loan system that is more humane, with affordable payments and programs that work as intended. In partnership with the Justice Department, we will continue working to streamline this process and to provide student loan borrowers a pathway to obtaining much-needed relief in bankruptcy.”
Because the new process is working well, the Justice Department is not making any changes to the guidance at this time. The departments will continue to meet regularly to ensure that the guidance is appropriately implemented and to consider adjustments as warranted. Subject-matter experts in the Civil Division plan to continue to promote awareness of and provide training on the guidance both within and outside the government. The departments will also continue to conduct outreach to the broader community potentially affected by the process.
Justice Department Secures Agreement with New York City Health Care System to Resolve Allegations of Employment DiscriminationRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with New York City Health and Hospitals Corporation (NYCHH), which provides health care services to more than one million New Yorkers. The agreement resolves the department’s determination that NYCHH violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it rejected a worker’s valid work authorization document based on the worker’s national origin.
“Employers cannot reject valid documents showing someone’s permission to work based on the country the person was born in,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Federal civil rights law protects workers from discrimination that can occur when employers are checking their permission to work. The Justice Department will continue to hold accountable employers that treat workers differently because of where they were born or their national origin.”
The department’s investigation determined that NYCHH unlawfully rejected a worker’s valid employment authorization document (EAD), which was automatically extended through a notice in the Federal Register applicable to those with Temporary Protected Status (TPS). The department determined that NYCHH rejected the valid document and delayed the onboarding of the worker based on its incorrect assumption that the worker’s country of birth listed on her EAD had to be the same as the country designated for TPS.
TPS is a temporary immigration benefit that allows qualified individuals from designated countries to stay in the United States for a limited time period due to conditions in the designated country, such as on-going armed conflict, environmental disaster or other extraordinary and temporary conditions. Workers with TPS, like all workers, have the right to provide their choice of valid documentation to demonstrate their permission to work. Federal Register notices that automatically extend a TPS worker’s permission to work explain that the worker does not have to show additional documentation or prove their citizenship status, and that the country of birth listed on the worker’s documentation does not have to match the TPS-designated country.
Under the terms of the agreement, NYCHH will pay back pay to the affected worker to compensate for lost wages that the department determined the worker was eligible for due to the discrimination. It will also pay a civil penalty to the United States, train its staff on the anti-discrimination provision of the INA, review and revise its employment policies and training materials and be subject to departmental monitoring for three years.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee, unfair documentary practices and 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. Individuals with TPS who have questions about their rights can find more information on IER’s website. 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.
nychh_settlementagreement_05.01.pdfJustice Department Launches New Interagency Language Access Working GroupRead the Press Release
The Justice Department announced today 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.
In November 2022, Attorney General Garland directed federal agencies to revise their language access plans, share best practices, and exchange information about language access initiatives and efforts in compliance with Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency.” Today marks the release of the first batch of those updated plans with additional federal agencies posting updated plans in the coming months.
“Our government serves all Americans better when we ensure that language barriers do not stand in the way of participation in civic life,” said Attorney General Garland. “Today, I’m pleased to share that more than a dozen federal agencies have answered my call to re-examine the ways in which they are addressing these barriers through the release of updated language access plans and policies aimed at ensuring that government programs remain accessible to all. The Justice Department will continue to support agencies in implementing their language access plans and their broader efforts to close the language gap across federal programs and services.”
“Everyone in the country should be able to exercise their rights, obtain critical information and access benefits and services that they are eligible for, regardless of the language they speak, read or write,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The updated language access plans released today lay out the steps that federal employees are taking to ensure that people with limited English proficiency are provided real and meaningful access to federal programs and activities. These plans also equip federal employees with the information they need to communicate accurately and effectively with all communities.”
The Federal Language Access Working Group will serve as a central resource for providing support and technical assistance to federal agencies as they work to implement their updated language access plans. The working group will also directly engage with community groups, individuals with limited English proficiency, and other stakeholders to ensure adherence with Executive Order 13166 and other federal language access obligations. The working group will also focus on ensuring that recipients of federal funds comply with their language access obligations under federal law. The Attorney General’s memorandum called upon agencies to consider additional ways in which agencies can ensure that federal financial assistance recipients understand and comply with their obligations to provide meaningful language access under the requirements of Title VI of the Civil Rights Act of 1964 and its implementing regulations.
Today’s announcement builds on the Justice Department’s longstanding commitment to advancing language access. The Civil Rights Division recently issued a fact sheet on courts language access in coordination with a webinar for state courts. The division also launched the Law Enforcement Language Access Initiative, a nationwide effort to assist law enforcement agencies in meeting their obligations to provide meaningful language access.
Pursuant to the Attorney General’s November 2022 memorandum, the Justice Department issued its revised Language Access Plan in August, which can be found here. Spanish, Simplified Chinese, Traditional Chinese, Vietnamese, Korean, Tagalog, Arabic, and French translations are also available. The Office for Access to Justice’s Language Access Program coordinates implementation of the Department’s revised plan, provides training and technical assistance to Department components, expands language access resources, and promotes improved language access policies and practices in compliance with the Department’s plan. The program’s Language Access Coordinator chairs the Department’s Language Access Working Group, a Department-wide effort to implement the Department’s plan.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt and information about limited English proficiency and Executive Order 13166 is available at www.LEP.gov.
Justice Department Finds Oklahoma Mobile App Inaccessible to People with Vision DisabilitiesRead the Press Release
The Justice Department announced today its findings that Service Oklahoma violated Title II of the Americans with Disabilities Act (ADA) by maintaining a mobile application that is inaccessible to individuals with vision disabilities.
In a letter issued to Service Oklahoma, the department detailed its findings following its investigation of a complaint filed by an Oklahoma resident who is blind and could not access the Oklahoma Mobile ID Application (OK Mobile ID App).
Service Oklahoma’s OK Mobile ID App allows users to store their identification on a smartphone and use it in many contexts where a person would normally use a physical driver’s license or other state-issued ID. This includes applying for unemployment benefits and paying for purchases at retail stores. It can also be used to start an application for a REAL ID, which will be required in the future for such things as boarding domestic flights, visiting military bases or entering specific federal buildings.
“Public entities, like Service Oklahoma, are increasingly using mobile apps to offer a wide range of critical government services, yet people with disabilities often face significant barriers accessing them,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “In Oklahoma, the OK Mobile ID App provides users with important benefits such as additional convenience, security and privacy. We will fully enforce the law to ensure that when public services are made available through technology such as mobile apps, those services are equally accessible to people with disabilities.”
The department found that the OK Mobile ID App imposes critical accessibility barriers for people with vision disabilities. To use the OK Mobile ID App, people must scan or take photos of their identification cards and take pictures of themselves by connecting the dots that appear on the screen using only head and eye movements. Both tasks are difficult or impossible for individuals who are blind to do without receiving any verbal feedback. Thus, Service Oklahoma violates the ADA by denying people with vision disabilities equal access to the OK Mobile ID App and by failing to ensure that communications with them are as effective as communications with others.
This letter is part of the Civil Rights Division’s Tech Equity Initiative to combat disability discrimination that occurs through technology, such as in websites and mobile apps. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TTY 833-610-1264) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt. Complaints may be filed online at www.civilrights.justice.gov/.
El Departamento de Justicia llega a un acuerdo con un sistema de atención médica de la ciudad de New York para resolver las alegaciones de discriminación en el empleoRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con New York City Health and Hospitals Corporation (NYCHH), que proporciona servicios de atención médica a más de un millón de neoyorquinos. El acuerdo resuelve la determinación del Departamento que NYCHH infringió la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) cuando rechazó el documento válido de autorización para trabajar de un trabajador con base en la nacionalidad de origen del trabajador.
«Los empleadores no pueden rechazar documentos válidos que demuestran el permiso de alguien para trabajar en función del país en el que esa persona nació», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Las leyes federales de derechos civiles protegen a los trabajadores de la discriminación que puede ocurrir cuando los empleadores verifican su permiso para trabajar. El Departamento de Justicia seguirá responsabilizando a aquellos empleadores que traten a los trabajadores de forma diferente debido al lugar donde nacieron o a su nacionalidad de origen».
La investigación del departamento determinó que NYCHH rechazó, de manera ilegal, un documento de autorización para trabajar («EAD», por sus siglas en inglés) válido de un trabajador, que se había prorrogado automáticamente a través de una notificación en el Registro Federal aplicable a aquellos que son beneficiarios del Estatus de Protección Temporal (TPS). El Departamento determinó que NYCHH rechazó el documento válido y retrasó la incorporación del trabajador, basándose en su suposición incorrecta que el país de nacimiento del trabajador indicado en su EAD tenía que ser el mismo que el país designado para el TPS.
El TPS es un beneficio migratorio temporal que permite que las personas calificadas de países designados permanezcan en los Estados Unidos durante un período de tiempo limitado debido a las condiciones en el país designado, como un conflicto armado en curso, un desastre ambiental u otras condiciones extraordinarias y temporales. Los trabajadores con el TPS, al igual que cualquier otro trabajador, tienen derecho a elegir los documentos válidos que desean presentar para demostrar su permiso para trabajar. Los avisos del Registro Federal que prorrogan automáticamente el permiso de trabajo de un trabajador con el TPS explican que el trabajador no tiene que mostrar documentación adicional ni demostrar su estatus de ciudadanía, y que el país de nacimiento indicado en la documentación del trabajador no tiene que coincidir con el país designado por el TPS.
En virtud de los términos del acuerdo, NYCHH reembolsará el pago al trabajador afectado para compensar los salarios perdidos para los cuales el Departamento determinó que el trabajador era elegible, debido a la discriminación. Por otra parte, pagará una sanción civil a los Estados Unidos, capacitará a su personal sobre la disposición antidiscriminatoria de la INA, revisará sus políticas de empleo y materiales de capacitación y se someterá a la supervisión por parte del Departamento durante tres años.
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. 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. Los individuos con el TPS que tengan preguntas sobre sus derechos pueden encontrar más información en el sitio web de IER. 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 . Suscríbase para recibir actualizaciones por correo electrónico de la IER.
nychh_settlementagreement_05.01.pdfEl Departamento de Justicia lanza un nuevo Grupo Interagencial de Trabajo de Acceso al LenguajeRead the Press Release
Hoy el Departamento de Justicia anunció el lanzamiento del Grupo de Trabajo Federal de Acceso al Lenguaje, el cual constituye un nuevo esfuerzo interagencial en el que coordinarán el acceso al lenguaje a través del gobierno federal. Junto con la creación de este Grupo de Trabajo, el Departamento de Justicia también anunció en su sitio web, www.LEP.gov, el lanzamiento de planes actualizados de acceso al lenguaje por parte de agencias federales, tras marcar el primer aniversario en que el Fiscal General Merrick B. Garland emitió el memorándum de acceso al lenguaje a agencias federales.
En noviembre de 2022, el Fiscal General Garland ordenó a las agencias federales que revisaran sus planes de acceso al lenguaje, compartieran sus mejores prácticas e intercambiaran información sobre iniciativas y esfuerzos de acceso al lenguaje en cumplimiento de la Orden Ejecutiva 13166, “Mejorar el acceso a los servicios para las personas con dominio limitado del inglés”. Hoy marca el lanzamiento del primer lote de esos planes actualizados y en los próximos meses más agencias federales publicarán sus planes actualizados.
“Nuestro gobierno sirve mejor a todos los estadounidenses cuando garantizamos que las barreras de idioma no obstaculizan la participación en la vida cívica”, dijo el Fiscal General Merrick B. Garland. “Hoy, me complace compartir que más de una docena de agencias federales han respondido a mi llamado para reexaminar las formas en que están abordando estas barreras mediante la publicación de planes y políticas actualizados de acceso al lenguaje destinados a garantizar que los programas gubernamentales sigan siendo accesible a todos. El Departamento de Justicia seguirá apoyando a las agencias en la implementación de sus planes de acceso lingüístico y sus esfuerzos más amplios para cerrar la brecha lingüística en todos los programas y servicios federales”.
“Toda persona en el país debe poder ejercer sus derechos, obtener información crítica y tener acceso a beneficios y servicios a los cuales es elegible, independientemente del idioma que hable, lea o escriba”, señaló Kristen Clarke, Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. “Los planes actualizados de acceso al lenguaje que se difunden hoy establecen los pasos que el personal federal debe tomar para garantizar que las personas con dominio limitado del inglés se les provea acceso significativo a los programas y actividades federales. De igual manera, equipan al personal federal con la información que necesita para comunicarse con todas las comunidades de manera precisa y efectiva”.
El Grupo de Trabajo Federal de Acceso al Lenguaje funcionará como un recurso central que proporcionará apoyo y asistencia técnica a las agencias federales mientras que ellas trabajen en la implementación de sus planes actualizados de acceso al lenguaje. El Grupo de Trabajo también colaborará directamente con grupos comunitarios, personas con dominio limitado del inglés y otras partes interesadas en garantizar el cumplimiento de la Orden Ejecutiva 13166 y otras obligaciones relacionadas con el acceso al lenguaje a nivel federal. El Grupo de Trabajo también se enfocará en garantizar que las agencias que reciban fondos federales cumplan en conformidad con la ley federal con sus obligaciones de acceso al lenguaje. En el memorándum del fiscal general se pidió a las agencias que consideraran otras formas en que las agencias puedan cerciorarse de que los beneficiarios de asistencia financiera federal comprendan y cumplan con sus obligaciones de proveer un acceso lingüístico significativo en virtud de los requisitos del Título VI de la Ley de Derechos Civiles de 1964 y sus reglamentos de aplicación.
El comunicado de hoy se construye sobre el compromiso desde hace tiempo del Departamento de Justicia de promover el acceso al lenguaje. La División de Derechos Civiles publicó recientemente una hoja informativa sobre el acceso al lenguaje en los tribunales en coordinación con un seminario web para los tribunales estatales. La división también lanzó la Iniciativa del Orden Público Para el Acceso Lingüístico, la cual es una iniciativa nacional que ayuda a las agencias del orden público a cumplir sus obligaciones de proporcionar un acceso lingüístico significativo.
De acuerdo con el memorándum del fiscal general de noviembre de 2022, el Departamento de Justicia emitió su Plan de Acceso al Lenguaje el cual fue revisado en agosto de 2023. Este plan se puede encontrar aquí. También se encuentran disponibles traducciones al español, chino simplificado, chino tradicional, vietnamita, coreano, tagalo, árabe y francés. El Programa de Acceso al Lenguaje de la Oficina de Acceso a la Justicia coordina la implementación del plan actualizado del Departamento, proporciona capacitación y asistencia técnica a los componentes del Departamento, amplía los recursos de acceso al lenguaje y promueve mejores políticas y prácticas de acceso al lenguaje en conformidad con el plan del Departamento de Justicia. La Coordinadora de Acceso al Lenguaje que dirige el Programa también preside sobre el Grupo de Trabajo de Acceso al Lenguaje del Departamento de Justicia, el cual es un esfuerzo por parte del Departamento de Justicia para llevar a cabo el Plan del Departamento de Justicia.
Puede obtener más información sobre la División de Derechos Civiles en su sitio web en la dirección http://www.justice.gov/crt. Igualmente, puede obtener información sobre el dominio limitado del inglés y la Orden Ejecutiva 13166 en la dirección www.LEP.gov.
Doctor and Clinic Owner Sentenced for $5M Pill Mill SchemeRead the Press Release
A doctor and a clinic owner were sentenced yesterday for their roles in a pill mill scheme.
Jonathan Rosenfield, M.D., 40, of Atlanta, and Elmer Taylor, 44, of Houston, were sentenced to 10 and 12 years in prison, respectively, following their guilty pleas to conspiracy to unlawfully distribute and dispense controlled substances.
According to court documents, Rosenfield owned, operated, and was a physician at the two Sunnyside Medical pill-mill clinics, which did business as Sunnyside Wellness, and Elmer Taylor co-owned and co-operated the clinics. Rosenfield, Taylor, and their co-conspirators issued prescriptions for opioids, including approximately 752,000 pills of oxycodone and 419,000 pills of hydrocodone, under Rosenfield’s name, outside the usual course of professional practice, and not for a legitimate medical purpose. The prescriptions often were issued to individuals paid by drug dealers to pose as patients, and the pills ultimately were diverted to the illegal market. From May 2018 to August 2019, the Sunnyside Medical clinics grossed approximately $5,478,000 from the sale of these prescription drugs.
Co-defendants Sokari “Momma” Bobmanuel and Alantha Stewart were previously sentenced to 14 years and 10 years in prison, respectively, for their roles in the scheme.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Administrator Anne Milgram of the Drug Enforcement Administration (DEA), Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Acting Special Agent in Charge David Martinez of the FBI Houston Field Office made the announcement.
The DEA Houston Division and FBI Houston Field Office investigated the case.
Trial Attorneys Monica Cooper, Ariel Glasner, and Courtney Chester of the Criminal Division’s Fraud Section and Emily Petro, formerly of the Fraud Section and currently an Assistant U.S. Attorney for the Middle District of Tennessee, prosecuted 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 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24.7 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, 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.
Court Enjoins Two Utah Companies from Distributing and Manufacturing Adulterated and Misbranded Dietary SupplementsRead the Press Release
A federal court on Nov. 15 enjoined two Utah-based companies from distributing and manufacturing adulterated and misbranded dietary supplements, the Justice Department announced.
In a complaint filed on Oct. 11 in the U.S. District Court for the District of Utah at the request of the U.S. Food and Drug Administration, the United States alleged that Evig LLC and the company’s CEO, David Lex Howard, violated the federal Food, Drug and Cosmetic Act (FDCA) by distributing adulterated and misbranded dietary supplements. In a separate complaint filed the same day, the United States alleged that Premium Productions LLC and the company manager's, Ryan Petersen, violated the FDCA by manufacturing adulterated dietary supplements. According to the complaints, the dietary supplements involved are marketed throughout the United States under the brand name Balance of Nature.
The complaint against Evig LLC and Howard alleges that the defendants claimed their dietary supplements can cure, treat and prevent a variety of diseases and health conditions, including cancer, heart disease, diabetes and coronavirus. According to the complaint, the supplements were neither approved by FDA nor exempt from approval, making them unapproved new drugs and misbranded under the terms of the FDCA. The complaint further alleges that FDA inspections showed the defendants had no system in place to handle customer complaints, despite receiving reports asserting that their products may have caused allergic reactions from ingredients not identified on the label.
The complaint against Premium Productions LLC and Petersen alleges that the defendants’ operation did not follow required current good manufacturing practices and failed to develop good operating procedures and adequate quality controls, making their products adulterated under the FDCA.
FDA sent both companies warning letters in August 2019 explaining that their conduct did not comply with the FDCA. According to the government’s complaints, the defendants failed to take appropriate steps to come into compliance after receiving those letters.
“Products intended to treat or cure diseases require FDA approval,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Dietary supplement makers also must abide by federal health and safety requirements. The department will continue to work closely with FDA to stop the distribution of unapproved, adulterated and misbranded dietary supplements.”
“This FDA action ensures that dietary supplements distributed to American consumers are appropriately labeled, lawfully manufactured and prevents products that potentially put people’s health at risk with unproven claims to cure, treat or prevent a serious illness,” said Acting Associate Commissioner Michael C. Rogers of the FDA’s Office of Regulatory Affairs. “We previously warned Evig LLC and Premium Production LLC, but they have demonstrated repeated violations of manufacturing requirements, and the public cannot have confidence that their products are what they purport to be. The FDA will continue to protect the U.S. public health by taking appropriate actions when companies violate the law.”
In both cases, the defendants agreed to settle the suits and be bound by consent decrees of permanent injunction. The orders entered by the court permanently enjoin the defendants from violating the FDCA and require manufacturing process improvements.
Senior Trial Attorney Sarah Williams of the Civil Division’s Consumer Protection Branch is handling the case, with assistance from Assistant U.S. Attorney Amanda Berndt for the District of Utah and Assistant Chief Counsel Todd Miller 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 injunctions announced today are allegations only. There has been no determination of liability.
Premium Production Consent Decree Evig Consent DecreeChief Compliance Officer Sentenced for $50M Medicare Fraud SchemeRead the Press Release
A Florida man was sentenced today to four years and six months in prison and ordered to pay $21.7 million in restitution for his role in a health care fraud and wire fraud conspiracy that resulted in over $50 million in false and fraudulent claims being submitted to Medicare.
According to court documents and evidence presented at trial, Steven King, 45, of Miramar, was the chief compliance officer of a pharmacy holding company that fraudulently billed Medicare for dispensing lidocaine and diabetic testing supplies that Medicare beneficiaries did not need or want. King, along with his co-conspirators, operated A1C Holdings LLC, a holding company for a number of pharmacies in various states, including All American Medical Pharmacy in Warren, Michigan. The pharmacies operated by A1C Holdings LLC secured prescriptions and refills for medically unnecessary prescriptions for lidocaine and diabetic testing supplies, in violation of Medicare’s rules and regulations, as well as the pharmacy benefit managers’ rules and regulations with which the pharmacies had contracts.
The evidence presented at trial also showed that King and his co-conspirators took several steps to conceal their scheme, including enrolling their mail order pharmacies as brick-and-mortar retail pharmacies to evade more rigorous oversight, shipping prescription refills for high-reimbursing medications and supplies without patient consent, concealing the ownership of A1C Holdings LLC and its pharmacies, and transferring patients between these pharmacies without patient consent. Each of these steps was taken to ensure that profitable medications and supplies, like lidocaine and diabetic testing supplies, continued to be billed to Medicare.
In June, King was convicted of conspiracy to commit health care fraud and wire fraud.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Special Agent in Charge Mario Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG), and Special Agent in Charge Cheyvoryea Gibson of the FBI Detroit Field Office made the announcement.
HHS-OIG and the FBI investigated the case.
Trial Attorney Shankar Ramamurthy of the Criminal Division’s Fraud Section prosecuted 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.
Bộ Tư Pháp Ra Mắt Nhóm Công Tác Tiếp Cận Ngôn Ngữ Liên Ngành MớiRead the Press Release
Bộ Tư Pháp hôm nay đã công bố sự ra mắt của Nhóm Công tác Tiếp cận Ngôn ngữ Liên bang, một nỗ lực liên ngành mới, và sẽ điều phối việc tiếp cận ngôn ngữ trên toàn chính phủ liên bang. Cùng với việc thành lập nhóm làm việc này, bộ cũng công bố việc phát hành cập nhật ngôn ngữ cùa cơ quan liên bang trên trang web của mình, www.LEP.gov, vào dịp kỷ niệm một năm của bản ghi nhớ tiếp cận ngôn ngữ của Tổng Chưởng Lý Merrick B. Garland cho các cơ quan liên bang.
Vào tháng 11/2022, Tổng Chưởng Lý Merrick B. Garland đã chỉ đạo các cơ quan liên bang sửa đổi kế hoạch tiếp cận ngôn ngữ của họ, chia sẻ các phương pháp hay nhất, trao đổi thông tin về các sáng kiến truy cập ngôn ngữ, và nỗ lực tiếp cận ngôn ngữ tuân theo Sắc lệnh điều hành 13166, “Cải thiện khả năng tiếp cận những Dịch vụ cho những Người với trình độ Anh văn Hạn chế.” Hôm nay đánh dấu viếc phát hành đợt đầu tiên của các kế hoạch cập nhật đó với các cơ quan liên bang đề đăng các kế hoạch cập nhật trong những tháng tới.
“Chính phủ chúng tôi có thể phục vụ tất cả người Mỹ tốt hơn khi chúng tôi đảm bảo được sự trở ngại ngôn ngữ sẽ không còn là một hàng rào để cản trở việc tham gia vào đời sống công dân,” Bộ trưởng Tư pháp Garland nói. “Hôm nay chúng tôi hân hoan chia sẻ là đã có một chục cơ quan liên bang đáp ứng lời kêu gọi của tôi để xem xét lại cách họ đang giải quyết những cản trở này thông qua việc phát hành các kế hoạch và chính sách tiếp cận ngôn ngữ nhằm đảm bảo là tất cả mọi người vẫn có thể truy cập được các chương trình của chính phủ. Bộ Tư pháp sẽ tiếp tục hổ trợ các cơ quan trong việc thực hiện các kế hoạch tiếp cận ngôn ngữ của họ và những nỗ lực rộng lớn của họ để thu hẹp khoảng cách ngôn ngữ giữa các chương trình và dịch vụ liên bang.”
“Mọi người trong nước đều có thể thực hiện các quyền của mình, có được những thông tin quan trọng và tiếp cận được các lợi ích và dịch vụ mà họ đủ điều kiện, bất kể ngôn ngữ họ nói, đọc hay viết,” Trợ lý Bộ trưởng Tư pháp Kristen Clark thuộc Bộ phận Dân quyền của Bộ Tư pháp nói. “Các kế hoạch tiếp cận ngôn ngữ cập nhật được phát hành hôm nay đưa ra những bước mà nhân viên liên bang đang thực hiện, để đảm bảo rằng những cá nhân với trình độ Anh văn hạn chế được cung cấp quyền truy cập thực sự và có ý nghĩa của các chương trình và hoạt động của liên bang. Những kế hoạch này cũng trang bị cho nhân viên liên bang với những thông tin họ cần để họ giao tiếp chính xác và có hiệu quả với tất cả các cộng đồng.”
Vai trò của Nhóm Công tác Tiếp cận Ngôn ngữ Liên bang sẽ là trung tâm nguồn lực thông tin để hỗ trợ và trợ giúp kỹ thuật cho các cơ quan liên bang trong quá trình họ thực hiện các kế hoạch tiếp cận ngôn ngữ cập nhật. Nhóm Công tác sẽ trực tiếp tham gia với các nhóm trong cộng đổng, các cá nhân với trình độ Anh văn hạn chế và các bên liên quan khác để đảm bảo việc tuân thủ Lệnh Hành pháp 1366 và các nghĩa vụ tiếp cận ngôn ngữ liên bang khác. Nhóm công tác cũng sẽ chú tâm vào việc đảm bảo là những người nhận tiền của liên bang phải tuân theo các nghĩa vụ tiếp cận ngôn ngữ theo luật liên bang. Bản ghi nhớ cùa Tổng Chưởng lý kêu gọi các cơ quan xem xét các cách bổ xung để các cơ quan có thể đảm bảo rằng người nhận hỗ trợ tài chính của liên bang phải ý thức và tuân thủ nghĩa vụ của họ khi được cung cấp quyền truy cập ngôn ngữ cho có ý nghĩa theo các yêu cầu của Tiêu đề VI của Đạo luật Dân quyền năm 1964 và các quy định thực hiện.
Thông báo hôm nay dựa vào sự cam kết lâu dài của Bộ Tư pháp trong việc thúc đẩy việc truy cập ngôn ngữ. Bộ phận Dân quyền gần đây đã ban hành một văn bản thông tin về việc tiếp cận ngôn ngữ của toà án và phối hợp với hội thảo trên web cho các toà án tiểu bang. Bộ phận này cũng đưa ra Sáng kiến Tiếp cận Ngôn ngữ cho Giới Thực thi Pháp luật, là một nỗ lực trên toàn quốc nhằm hỗ trợ các cơ quan thực thi pháp luật để đáp ứng nghĩa vụ của họ trong việc cung cấp quyền truy cập ngôn ngữ cho có ý nghiã.
Căn cứ vào bản ghi nhớ tháng 11/2022 của Tổng Chưởng lý, Bộ Tư pháp đã ban hành một bản kế hoạch Tiếp cận Ngôn ngữ sửa đổi vào tháng 8 năm 2023. Quý vị có thể xem ở đây. Bộ đã có sẵn bản dịch cho các tiếng Tây ban Nha, Trung Hoa giản thể và Trung Hoa truyền thống, Việt Nam, Đại Hàn, Phi Luật Tân, Ả Rập và Pháp. Văn phòng Tiếp cận cho Chương trình Tiếp cận Ngôn ngữ điều phối việc thực hiện kế hoạch sửa đổi, đào tạo và hỗ trợ kỹ thuật cho các thành phần trong bộ, bành trướng các nguồn lực tiếp cận ngôn ngữ, và thúc đẩy việc cải thiện chính sách tiếp cận ngôn ngữ và thực hành để phù hợp với đường lối của bộ. Điều phối viên của chương trình chủ trì cho Nhóm Công tác Tiếp cận Ngôn ngữ; văn phòng này chủ yếu lo việc thực hiện kế hoạch của bộ.
Thông tin bổ sung về Văn phòng Dân quyền có sẵn trên trang web www.justice.gov/crt, và thông tin về trình độ Anh văn hạn chế và Lệnh Điều hành 13166 có sẵn tại www.LEP.gov.
Ang Departamento ng Hustisya ay Naglulunsad ng Bagong Nagtatrabahong Grupo sa Kaparaanan sa Wika ng Pangkaloobang AhensiyaRead the Press Release
Inihayag ngayon ng Departamento ng Hustisya ang paglunsad ng Pederal na Nagtatrabahong Grupo sa Kaparaanan sa Wika, isang bagong pagsisikap ng pangkaloobang ahensiya na magtutugma ng kaparaanan sa wika sa buong pederal na pamahalaan. Kasama ng paglikha sa nagtatrabahong grupo na ito, inihayag din ng Departmento ang pagpapalabas ng pinakabagong mga plano sa kaparaanan sa wika ng pederal na ahensiya sa website nito, www.LEP.gov, sa unang anibersaryo ng panandaan [memorandum] sa kaparaanan sa wika ni Pangunahing Abogado Merrick B. Garland sa pederal na mga ahensiya.
Noong Nobyembre 2022, nangasiwa si Pangunahing Abogado Garland sa pederal na mga ahensiya na baguhin ang kanilang mga plano sa kaparaanan sa wika, magbahagi ng pinakamahusay na mga kagawian, at makipagpalitan ng impormasyon tungkol sa mga pagsisimula at mga pagsisikap sa kaparaanan sa wika bilang pagsunod sa Nakatataas ng Utos 13166 [Executive Order 13166], “Pagpapabuti ng Kaparaanan sa mga Serbisyo para sa mga Tao na may Limitadong Kasanayan sa Ingles.” Minarkahan ngayon ang pagpapalabas ng unang grupo ng pinakabagong mga planong iyon kasama na ang pagpo-post ng mga karagdagang pederal na mga ahensiya ng pinakabagong mga plano sa darating na mga buwan.
“Mas mahusay na masisilbihan ng ating pamahalaan ang lahat ng mga Amerikano kapag sinigurado namin na ang mga hadlang sa wika ay hindi hahadlang sa pakikilahok sa buhay sibiko,” sabi ni Pangunahing Abogado Garland. “Ngayon, ikinalulugod kong ibahagi na sinagot ng mahigit ng isang dosenang pederal na mga ahensiya ang aking tawag upang muling suriin ang mga paraan kung paano nilang tinutugunan ang mga hadlang na ito sa pamamagitan ng pagpapalabas ng pinakabagong mga plano at mga patakaran na naglalayong tiyakin na ang mga programa ng pamahalaan ay manatiling makukuha ng lahat. Ipagpapatuloy ng Departamento ng Hustisya ang pagsusuporta sa mga ahensiya sa pagpapatupad ng kanilang mga plano sa kaparaanan sa wika at ang kanilang mas malawak na pagsisikap na isara ang agwat ng wika sa buong pederal na mga programa at mga serbisyo.”
“Lahat ng tao sa bayan ay dapat magawang gamitin ang kanilang mga karapatan, makakuha ng kritikal na impormasyon at kaparaanan sa mga benepisyo at mga serbisyo kung saan sila ay karapat-dapat, hindi alintana sa wika na kanilang sinasalita, binabasa, o sinusulat,” sabi ni Pangalawang Pangunahing Abogado Kristen Clarke para sa Dibisyon sa mga Karapatang Sibil ng Departamento ng Hustisya. “Ang pinakabagong mga plano sa kaparaanan sa wika na ipinalabas ngayon ay inilalatag ang mga hakbang na ginagawa ng mga kawani ng pederal upang matiyak na ang mga taong may limitadong kasanayan sa Ingles ay nabibigyan ng tunay at makabuluhang kaparaanan sa pederal na mga programa at mga aktibidad. Ang mga planong ito ay nagbibigay din ng kasangkapan sa mga kawani ng pederal ng impormasyon na kanilang kailangan para sa pakikipag-usap ng wasto at mabisa sa lahat ng mga komunidad.”
Ang Pederal na Nagtatrabahong Grupo sa Kaparaanan sa Wika ay magsisilbing isang sentral na mapagkukunan sa pagkakaloob ng taguyod at teknikal na tulong sa mga pederal na mga ahensiya habang tinatrabaho nila ang pagpapatupad ng kanilang pinakabagong mga plano sa kaparaanan sa wika. Ang nagtatrabahong grupo ay direktang makikibahagi rin sa mga grupo ng komunidad, sa mga indibidwal na may limitadong kasanayan sa Ingles at iba pang mga nagsasapalaran upang matiyak ang pagsunod sa Nakatataas na Utos 13166 at iba pang pederal ng mga obligasyon sa kaparaanan sa wika. Pagtutuunan din ng nagtatrabahong grupo na tiyakin na ang mga tatanggap ng pederal na mga pondo ay susunod sa kanilang mga obligasyon sa kaparaanan sa wika sa ilalim ng pederal na batas. Nanawagan ang panandaan ni Pangunahing Abogado sa mga ahensiya na isaalang-alang ang mga karagdagang paraan kung saan na makakatiyak ang mga ahensiya na ang mga tatanggap ng pederal na tulong pinansiyal ay nauunawaan at sumusunod sa kanilang mga obligasyon upang magkaloob ng makahulugang kaparaanan sa wika sa ilalim ng mga kinakailangan ng Titulo VI ng Batas sa mga Karapatang Sibil ng 1964 at ang mga regulasyon nito sa pagpapatupad.
Ang pahayag ngayon ay bumubuo sa Departamento ng Hustisyang katagalang pangako sa pagsulong sa kaparaanan sa wika. Kamakailan lamang ang Dibisyon sa mga Karapatang Sibil ay naglathala ng isang katotohanang pilyego [fact sheet] tungkol sa kaparaanan sa wika sa mga hukuman sa pakikipagtuwangan sa isang webinar para sa mga hukumang pang-estado. Inilunsad din ng dibisyon ng Pagkukusa sa Kaparaanan sa Wika ng Tagapagpatupad ng Batas [Law Enforcement Language Access Initiative], isang buong bansang pagsisikap upang tulungan ang mga ahensya sa pagpapatupad ng batas upang matugunan nila ang kanilang mga obligasyon sa pagkakaloob ng makabuluhang kaparaanan sa wika.
Alinsunod sa Panandaan ni Pangunahing Abogado noong Nobyembre 2022, nagpahayag ang Departamento ng Hustisya ng binagong Plano sa Kaparaanan sa Wika nito noong Agosto, kung saan ay makikita dito [here]. Espanyol, Pinasimpleng Intsik, Tradisyonal na Intsik, Vietnamese, Koreano, Tagalog, Arabe, at Pranses na mga pagsasalin ay magagamit din. Ang Tanggapan ng Kaparaanan sa Programa sa Kaparaanan sa Wika [Language Access Program] ng Hustisya ay nakikipag-tugma sa pagpapatupad ng binagong plano ng Departamento, nagkakaloob ng pagsasanay at teknikal na tulong sa mga bahagi ng Departamento, pinapalawak ang mga mapagkukunan sa kaparaanan sa wika, at nagtataguyod sa pagpapabuti sa mga patakaran at kasanayan sa kaparaanan sa wika bilang pagsunod sa plano ng Departamento. Niluluklok ng Tagapag-ugma sa Programa ng Kaparaanan sa Wika ang Nagtatrabahong Grupo sa Kaparaanan sa Wika ng Departamento, isang pagsisikap sa buong Departamento upang ipatupad ang plano ng Departamento.
Mayroong mga karagdagang impormasyon tungkol sa Dibisyon sa mga Karapatang Sibil sa website nito sa www.justice.gov/crt at impormasyon tungkol sa limitadong kasanayan sa Ingles at ang Nakatataas na Utos 13166 ay magagamit sa www.LEP.gov.