District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
U.S.-EU Joint Statement Following the U.S.-EU Ministerial on Justice and Home AffairsRead the Press Release
On Nov. 13 and 14, the U.S.-EU Ministerial Meeting on Justice and Home Affairs took place in Washington, D.C. The United States was represented by U.S. Attorney General Merrick B. Garland and Secretary for Homeland Security Alejandro N. Mayorkas. The European Union (EU) was represented by the Commissioner for Justice and Consumers Didier Reynders and the Spanish Minister for Justice Pilar Llop. The incoming Presidency of the EU Council was represented by the Belgian Minister for Justice, Paul Van Tigchelt, and Minister for the Interior, Annelies Verlinden.
The meeting was an opportunity to reaffirm the strong transatlantic partnership and joint commitment to a regular dialogue and close cooperation on Justice and Home Affairs, at a time of major geopolitical challenges. Both sides remain committed to uphold democratic values and strengthen respect for the rule of law.
The United States and the European Union are unwavering in their long-term support to Ukraine and its people as they defend themselves against Russia’s illegal and unprovoked war of aggression. Both sides remain committed to providing protection to those who were forced to flee Ukraine, and they expressed concern for those currently living under Russian occupation or who have otherwise been displaced as a result of the Russian aggression.
Russia and its leadership must be held accountable for waging a war of aggression against Ukraine. The United States and the European Union reaffirmed their commitment to pursuing full accountability for atrocities that have been perpetrated in Ukraine. The United States and the European Union called for work to continue, including in the Core Group, on efforts to establish a tribunal for the prosecution of the crime of aggression against Ukraine that would enjoy the broadest cross-regional support and legitimacy. Both sides saluted the important role of the International Criminal Court, Ukrainian courts, and other courts in accountability efforts, and condemned Russian attempts to undermine their work. They also praised the vital work being conducted at Eurojust, including the investigatory work carried out by participants in the Joint Investigation Team for Ukraine and the International Centre for the Prosecution of the Crime of Aggression against Ukraine, and the development and contributions to the Core International Crimes Evidence Database, all of which are strongly supported by the United States.
The United States and the European Union reiterated their commitment to ensuring that Russia pays for all the damage it has and continues to cause in Ukraine. Both sides also stressed the importance of the Register of Damage established by the Council of Europe. They reaffirmed their readiness to work towards the establishment of a future compensation mechanism.
The United States and the European Union confirmed that they are exploring all possible avenues to aid Ukraine, consistent with their respective legal systems and international law, including with regard to Russian sovereign assets. They reiterated that in the short term, they will explore how any extraordinary revenues held by private entities stemming directly from immobilized Russian sovereign assets could be used to support Ukraine and its recovery and reconstruction consistent with applicable contractual obligations and in compliance with applicable laws.
Close cooperation on the full enforcement of sanctions, including trade related sanctions, remains paramount, as does cooperation with other international partners, including G7 countries, to avoid any enforcement gap. This cooperation will be enhanced following the adoption of EU legislation on harmonizing criminal offenses and penalties for the violation of EU restrictive measures, as well as on asset recovery and confiscation.
The United States and the European Union emphasized their commitment to addressing security threats created by the Russian invasion, in particular working with Ukraine to bolster efforts to prevent, detect and fight against diversion and trafficking of firearms, other small arms and light weapons, and trafficking in human beings, as well as law enforcement cooperation on information exchange and joint operational actions.
The United States and the European Union discussed their joint intent to deepen cooperation in assisting Ukraine on justice reform, the rule of law, and anti-corruption efforts as it continues on its European path.
The importance of continuing to provide necessary support to the Republic of Moldova was discussed, and the sides concurred on the need for exploring more operational cooperation from the United States and the European Union in that respect, and to support the necessary rule of law and justice reforms, also in view of its European path.
The United States and the European Union stand united and firm in the fight against terrorism and violent extremism in all its forms and manifestations.
With regard to the situation in the Middle East, the United States and the European Union recalled the U.S.-EU Summit Joint Statement of Oct. 20 in which the United States and the European Union stated:
“We condemn in the strongest possible terms Hamas and its brutal terrorist attacks across Israel. There is no justification for terrorism. The United States and the European Union affirm Israel’s right to defend itself against these heinous attacks, in line with international law, including international humanitarian law. The United States and the European Union will work closely with partners in the region to stress the importance of protecting civilians, supporting those who are trying to get to safety or provide assistance, and facilitating access to food, water, medical care, and shelter. The United States and the European Union are concerned by the deteriorating humanitarian crisis in Gaza. It is crucial to prevent regional escalation. The United States and the European Union call for the immediate release of all hostages and emphasize their shared view that a two-state solution remains the viable path to lasting peace.”
In this context, both sides reject all forms of incitement to violence, deplore hatred in all forms, and express concern about the rise of criminal acts inspired by hate, religious intolerance, racism and xenophobia, including antisemitism and Islamophobia, both in Europe and the United States including with respect to radicalization to violence of young people. They share the sense of urgency in strengthening the ability to detect and counter new methods used by terrorists and violent extremist groups, including online recruitment. They also discussed the role and negative effects of algorithmic amplification, and the overall misuse of platform services, as they continue to expand their respective prevention efforts internally. Both sides remain committed to further cooperation between law enforcement in the European Union and the United States to counter these threats.
Countering terrorism and violent extremism threats requires concerted efforts and appropriate tools. Exchange and effective use of terrorism-related information including battlefield information, financial intelligence and Passenger Name Records, are key in achieving this objective. Both sides praised the continued cooperation on exchange of information between the FBI and Europol on known or suspected terrorists identified in conflict zones and intend to further step up information sharing regarding, in particular, the Sahel region while continuing notably the cooperation on Afghanistan.
Both sides praised, and intend to continue, ongoing Department of Homeland Security (DHS)-Europol pilot projects aimed at exchanging information related to terrorism and removals in a more systematic way. These pilot projects are a good blueprint for a more structured cooperation between DHS and Europol on topics of mutual interest.
The United States and the European Union remain committed to reinforcing cooperation against cross border organized criminal networks, in particular those involved in illicit manufacture and trafficking of cocaine and synthetic drugs, including fentanyl. The United States and European Union also decided to further their exchanges through the U.S.-EU Dialogue on Drugs, and at appropriate multilateral fora, in relation to supply and demand reduction. The United States and the European Union underlined the need for joint efforts to address synthetic drugs in the context of the Global Coalition to Address Synthetic Drug Threats and encouraged its members to work on tangible, forward-looking deliverables.
The United States and the European Union welcomed the progress of the negotiations for an U.S.-EU. agreement facilitating access to electronic evidence in criminal proceedings and expressed their commitment to advance those negotiations rapidly.
The United States and the European Union will continue to closely coordinate towards a new United Nations Convention on cybercrime, especially as its negotiations reach their final and most crucial stage. The United States and the European Union support a convention that advances international cooperation to fight cybercrime, while respecting human rights and rule of law safeguards, and reaffirm that the Budapest Convention on Cybercrime and its Second Additional Protocol remain the primary instruments for international cooperation on cybercrime.
The United States and the European Union exchanged views on the benefits and risks associated with new and emerging artificial intelligence technology and tools relevant for law enforcement and judicial cooperation in criminal matters. Both sides also confirmed their intent to discuss this topic further and collaborate where possible for the broader good and safety of the public.
The United States and the European Union exchanged views on their external borders’ situation, where they have identified common risks and challenges. The discussion was focused on addressing irregular migration. The sides committed to meet regularly on the topic at a technical level, namely by exchanging information about trends, methods, and responses to irregular migration and developing potential solutions together.
The United States and the European Union praised the successful first Ministerial Meeting of the Resettlement Diplomacy Network (RDN) in the margins of the United Nations General Assembly. Both sides reiterated their commitment to work more closely together to strengthen and expand their respective resettlement programs and offer more durable solutions, provided for, in particular, by lawful pathways.
The European Union and the United States welcomed the progress made by the three EU Member States not yet in the Visa Waiver Program and reiterated their willingness to pursue efforts in the context of the Tripartite process and bilateral discussions to reach a positive result. The two sides concurred on the importance of reciprocal visa-free travel under their respective legal frameworks.
Reaffirming their joint commitment to advance together towards common solutions in all these areas, the United States and the European Union decided to meet again in the first half of 2024 in Brussels.
Readout of Pardon Attorney Elizabeth Oyer’s Visit to Federal Correctional Institution PetersburgRead the Press Release
On Nov. 13, Pardon Attorney Elizabeth Oyer and members of her team visited Federal Correctional Institution (FCI) Petersburg, which has a medium-security and low-security Federal Bureau of Prisons (FBOP) facility for men with an adjacent minimum security camp, located in Petersburg, Virginia. The Pardon Attorney and her team provided a series of educational sessions about the federal clemency process and answered questions from inmates and staff. The Pardon Attorney and her team met with over 300 inmates and staff during their visit.
The visit to FCI Petersburg was the fourth in a series of quarterly educational events that the Pardon Attorney is conducting for inmates and staff at different FBOP locations.
The first took place at FCI Fort Dix, a low-security institution in New Jersey in January. During that visit, the Pardon Attorney and her team met with over 700 inmates and staff in a day-long series of trainings throughout the facility. The second took place at United States Penitentiary Lewisburg, a medium-security institution in Pennsylvania in April. During that visit, the Pardon Attorney and her team met with over 300 inmates and staff in a day-long series of trainings throughout the facility. The third took place at FCI Aliceville, a low-security institution for women in Alabama in July. During that visit, the Pardon Attorney and her team met with over 500 inmates and staff in a day-long series of trainings throughout the facility.
These educational sessions within the FBOP are part of a year-round initiative by the Office of the Pardon Attorney to increase the accessibility and transparency of the clemency process through education and community engagement.
Pennsylvania Owners of a Landscape and Excavation Firm Plead Guilty to Employment Tax FraudRead the Press Release
A Pennsylvania man and woman pleaded guilty yesterday to conspiring to defraud the United States related to their efforts to evade paying employment taxes.
According to court documents and statements made in court, Theodore Shearba and Jennifer Cemini, of Perkiomenville, owned a landscaping and excavation business. They did not report income received from the business, nor did they pay employment taxes the business owed to the IRS. Shearba and Cemini attempted to thwart IRS efforts to collect the unpaid employment taxes by depositing business gross receipt checks in nominee bank accounts. Shearba also did not file personal income tax returns for 2019, 2020 or 2021. Together, the defendants caused a tax loss to the IRS of $682,446.80.
Shearba and Cemini are scheduled to be sentenced on Feb. 27, 2024, and face a maximum penalty of five years in prison. The defendants also face periods 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 Thomas F. Koelbl and Trial Attorney Alexandra K. Fleszar of the Tax Division are prosecuting the case.
Omaha Man Sentenced for Possession of Child PornographyRead the Press Release
Acting United States Attorney Susan Lehr announced that Sudesh Rai, 28, of Omaha, Nebraska, was sentenced on November 14, 2023, in federal court in Omaha for possession of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Rai to 42 months’ imprisonment. There is no parole in the federal system. After Rai’s release from prison, he will begin a five-year term of supervised release. Rai was ordered to pay $1,100 in special assessments.
On June 1, 2021, Rai was interviewed in person by law enforcement in Omaha, Nebraska, in relation to a separate matter. During the interview law enforcement requested consent to seize and search Rai’s cell phone. Rai completed a Consent to Search Form. The data extraction and forensic review of Rai’s cell phone revealed four videos and two images of minors under the age of 12 engaged in sexually explicit conduct.
This case was investigated by the Federal Bureau of Investigation.
Justice Department Secures over $900,000 Agreement with National Staffing Agency to Resolve Claims of Hiring DiscriminationRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Kforce Inc. (Kforce), a staffing agency with 36 offices across the United States. The agreement resolves the department’s determination that Kforce violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens with permission to work in the United States and excluding them from job opportunities based on their citizenship status.
“Companies cannot unlawfully exclude people with permission to work in the United States from job opportunities because of their citizenship status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold those accountable who engage in behavior that runs afoul of our nation’s federal civil rights laws.”
The department’s investigation determined that from at least March 1, 2019, to Feb. 28, 2022, Kforce distributed job advertisements that contained unlawful hiring restrictions based on citizenship status or otherwise screened out candidates based on their citizenship status. These actions harmed workers who have been granted asylum or refugee status, and lawful permanent residents by unlawfully deterring them from applying to the job advertisements and failing to meaningfully consider those who did apply.
Under the terms of the settlement, Kforce will pay $690,000 in civil penalties to the United States and set aside $230,000 to compensate affected workers. The agreement also requires Kforce to train its personnel on the INA’s requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute generally prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
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); sign up for a live webinar or watch an on-demand presentation; email [email protected]; or visit IER’s English and Spanish websites. Sign up for email updates from IER.
2023.11.14_kforce_settlement_agreement_signed.pdfEl Departamento de Justicia llega a un acuerdo de más de $900,000 con una agencia nacional de contratación para resolver acusaciones de discriminación en la contrataciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Kforce, Inc. (Kforce), una agencia de contratación con 36 oficinas por todo Estados Unidos. El acuerdo resuelve la determinación del Departamento que Kforce vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar a no ciudadanos de los EE. UU. con permiso para trabajar en los Estados Unidos cuando los excluyó de oportunidades laborales con base en sus estatus de ciudadanía.
«Las compañías no pueden, de manera, ilícita, excluir a personas que tienen permiso para trabajar en los Estados Unidos de oportunidades laborales debido a estatus de ciudadanía», dijo Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá haciendo responsables a aquellos que incurran en conductas que vulneran las leyes de derechos civiles de nuestro país».
La investigación del Departamento determinó que, desde al menos el 1 de marzo del 2019 hasta el 28 de febrero del 2022, Kforce distribuyó anuncios de empleo que contenían restricciones de contratación ilícitas basadas en el estatus de ciudadanía o de otro modo eliminó a candidatos en función de su estatus de ciudadanía. Estas acciones perjudicaron a los trabajadores a los que se les ha otorgado el asilo o el estatus de refugiado, así como a los residentes permanentes legales, al disuadirles, de manera ilícita, de presentar una solicitud para los anuncios de trabajo y no considerar, de forma significativa, a aquellos que sí solicitaron un trabajo.
En virtud de los términos del acuerdo, Kforce pagará $690,000 en sanciones civiles a los Estados Unidos y destinará otros $230,000 para compensar a los trabajadores afectados. El acuerdo también requiere que Kforce capacite a su personal en cuanto a los requisitos de la INA, que revise sus políticas de empleo y que se someta a los requisitos de supervisión y declaración departamentales.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, por lo general, 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.
Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscribirse a un seminario en línea gratuito o visualizar una presentación a la carta; enviar un correo electrónico a [email protected]; o visitar los sitios web de la IER en inglés y español. Inscríbase para recibir actualizaciones por correo electrónico desde IER.
2023.11.14_kforce_settlement_agreement_signed.pdfCourt Enjoins Arizona Company and Its CEO from Manufacturing and Distributing Unapproved Contraceptive DrugsRead the Press Release
A federal court on Nov. 14 enjoined an Arizona CEO and its company, which distributed a product marketed as a contraceptive from selling and distributing unapproved new drugs in violation of the Food, Drug and Cosmetic Act (FDCA).
In a civil complaint for permanent injunction filed on Oct. 12 in the District of Arizona, the United States alleges that Smart Women’s Choice and its CEO, Jennifer A. Richard, sold and distributed “Smart Women’s Choice,” a cream marketed as a contraceptive, to consumers across the country. The complaint alleges that the defendants sold the product through a website that claimed the product was “hormone-free,” “formulated to be used as a stand-alone contraceptive” and “99.8% effective.” According to the complaint, however, the Food and Drug Administration (FDA) found no published, adequate and well-controlled clinical investigations or any other scientific literature demonstrating that the product was safe and effective for its intended use as a contraceptive.
In May 2021, the FDA issued a warning letter to Smart Women’s Choice, explaining that the sale and distribution of the product was prohibited under the FDCA. According to the complaint, the company continued to make the same unproven claims about the product after receiving the warning letter and took no corrective action. The product never received FDA approval.
“Drug distributors are obligated to comply with the FDCA, which is designed to protect consumers and to ensure the safety and effectiveness of the drugs they take,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to work closely with the FDA to stop the distribution of unapproved new drugs.”
“Americans expect and deserve drugs that have been scientifically proven to be safe, effective and of high quality,” said Director Jill Furman of the Office of Compliance for the FDA’s Center for Drug Evaluation and Research. “The FDA remains fully committed to taking enforcement action against companies and executives responsible for marketing unapproved drugs in violation of federal law.”
The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The order entered by the federal court permanently enjoins the defendants from violating the FDCA and requires them to comply with federal drug safety regulations before selling any drugs.
Trial Attorney Carolyn Rice of the Civil Division’s Consumer Protection Branch is handling the case with the assistance of Associate Chief Counsel Aravind Sreenath of the FDA’s Office of the General 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 resolution announced today are only allegations. There has been no determination of liability.
Colorado Home Health Care Owner Charged with Employment Tax CrimesRead the Press Release
A federal grand jury in Denver returned an indictment yesterday charging a Colorado woman with willfully failing to account for and pay over employment taxes for several years.
According to the indictment, Shandel Arkadie, of Agate, operated a home health care business, Alternative Choice Home Care Nursing LLC (ACHCN). From at least 2015 through 2020, ACHCN allegedly withheld income, Social Security and Medicare taxes from its employees’ wages. Arkadie allegedly did not timely file ACHCN’s quarterly employment tax returns or pay the withholdings to the IRS, despite being legally required to do so. Arkadie is alleged to have caused a tax loss to the IRS of more than $500,000.
If convicted, Arkadie faces a maximum penalty of five years in prison for each employment tax count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Julia Rugg and Mahana Weidler of the Tax Division are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Chicago-Area Tax Return Preparer Pleads Guilty to False Tax Return SchemeRead the Press Release
An Illinois woman pleaded guilty today to aiding and assisting in the preparation of false income tax returns.
According to court documents and statements made in court, Vervia Watts, of Lansing, operated a tax preparation business for clients in Illinois and elsewhere. From January 2017 through June 2023, Watts prepared and filed individual income tax returns for her clients, intentionally reporting false education expenses and business income to obtain refunds from the IRS in amounts greater than they were entitled to receive. Watts received at least $300 for each return she prepared, which, in total, claimed more than $1.5 million in fraudulent refunds.
Watts is scheduled to be sentenced on Feb. 14, 2024, and faces a maximum penalty of three years in prison. Watts also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS Criminal Investigation is investigating the case.
Trial Attorneys Meredith Havekost and Regina Jeon of the Tax Division are prosecuting the case.
Minnesota Owner of Lighting Installation Business Pleads Guilty to Tax EvasionRead the Press Release
A Minnesota man pleaded guilty yesterday for attempting to evade his federal income taxes by submitting an incomplete bankruptcy filing.
According to court documents and statements made in court, from 2000 until 2023, Robert Schlosser, of Prior Lake, owned and operated a business that installs Christmas lighting, special event lighting and decoration displays for its customers. In 2018, Schlosser filed for bankruptcy and listed the IRS as a creditor for his unpaid federal income taxes. As part of the bankruptcy, Schlosser was required to sign and file, under penalty of perjury, a bankruptcy petition and schedules providing information regarding his assets, income and other financial affairs. Schlosser attempted to evade the payment of his delinquent taxes by filing false bankruptcy schedules that concealed assets to hinder IRS collection efforts. In total, Schlosser admitted that his conduct resulted in a tax loss to the IRS of $429,848.
Schlosser faces a maximum penalty of five years in prison. 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 made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Thomas Flynn and Samuel Robins of the Tax Division are prosecuting the case, with assistance from Trial Attorney Colin Kreuziger of the U.S. Trustee Program.
Attorney General Merrick B. Garland Statement on U.S. Funds to International Centre for the Prosecution of the Crime of Aggression Against UkraineRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland following today’s announcement by the U.S. Department of State that the United States will provide $1 million to the International Centre for the Prosecution of the Crime of Aggression Against Ukraine (ICPA), which was established in The Hague at Eurojust with the support of the European Commission:
“The United States stands in steadfast and unwavering support for the people of Ukraine as they defend their democracy against the brutal and unjust war being waged by the Russian regime.
That is why, earlier this year, I traveled to The Hague to announce the appointment of the first U.S. prosecutor in nearly 80 years to be engaged in efforts to build cases on the crime of aggression, Jessica Kim.
As the U.S. Special Prosecutor for the Crime of Aggression, Jessica has been and will continue to work closely with the International Centre for the Prosecution of the Crime of Aggression Against Ukraine, which was established at Eurojust with the support of the European Commission. The resources announced today by the State Department will build on this important work.
This announcement, and the Justice Department’s continued work alongside our Ukrainian and international partners make clear that we are not waiting for the hostilities to end before pursuing justice and accountability. We are gathering evidence and building cases so that when the time comes, the United States and our partners will be ready to ensure accountability for Russia’s war of aggression.”
Attorney General Merrick B. Garland Announces Judges of the Data Protection Review CourtRead the Press Release
Attorney General Merrick B. Garland today held a formal investiture ceremony for the Data Protection Review Court (DPRC) at the Justice Department, formally swearing in six judges of the eight-member, fully independent court, following the Constitutional oath they have already taken, and marking another milestone in the EU-U.S. Data Privacy Framework (DPF).
“In October 2022, I issued new regulations establishing the Data Protection Review Court to serve as the second level of a new redress process established by the President’s Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,” said Attorney General Garland. “Although this court has been established at the Department of Justice, its judges will independently decide what remedies, if any, are appropriate for the cases in front of them, and the intelligence agencies will be expected to abide by their decisions.”
Last October, the Attorney General issued regulations creating the DPRC within the Office of Privacy and Civil Liberties at the Department of Justice. The DPRC serves as the second level of the new redress process established by the President through Executive Order 14086, which also strengthened other safeguards for U.S. signals intelligence activities. The DPRC will independently review determinations made by the Civil Liberties Protection Officer of the Office of the Director of National Intelligence (ODNI) in response to qualifying complaints sent by individuals through appropriate public authorities that allege certain violations of U.S. law in the conduct of U.S. signals intelligence activities.
The Executive Order and the new Justice Department regulations are a critical part of the EU-U.S. Data Privacy Framework and the UK-U.S. Data Bridge Extension. These arrangements reflect the strength of U.S. partnerships with the European Union and the United Kingdom and the shared commitment to the rule of law and respect for the value of individual privacy.
Two additional judges were unable to attend today’s ceremony in person.
The judges on the court include:
- James E. Baker
- Rajesh De
- James X. Dempsey
- Mary B. DeRosa
- Thomas B. Griffith
- Eric H. Holder Jr.
- David F. Levi
- Virginia A Seitz
For full bios and more information on the Data protection Review Court, visit https://www.justice.gov/opcl/redress-data-protection-review-court.
Also in attendance at the investiture ceremony was Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division (NSD), European Commissioner for Justice Didier Reynders and members of NSD, the U.S. Departments of Commerce and State, ODNI, and the National Security Council.
St. Croix Man Charged with Manufacturing “Ghost Guns”Read the Press Release
St. Croix, VI – United States Attorney Delia L. Smith today announced that Kishawn Lopez, 35, of St. Croix, was charged and detained by U.S. Magistrate Judge Emile A. Henderson after being charged with Possession of firearms and ammunition by a Convicted Felon.
“The rate of gun violence in the Virgin Islands is unacceptable, and the proliferation of ghost guns and other illegal firearms is a main source of the problem,” said United States Attorney Smith. “Working in collaboration with our federal and local law enforcement partners, we are committed to taking ghost guns and other illegal firearms off the streets. Targeting firearms traffickers and those who illegally possess firearms is a priority for this office, and those who commit such crimes will be brought to justice.”
According to court documents, on November 8, 2023, federal law enforcement agents executed a search warrant at Lopez’s Frederiksted home. During the search, agents recovered more than 30 firearms, including multiple “ghost guns,” assault rifles, and other handguns. “Ghost guns” are assembled from firearm kits which can be purchased from various kit manufacturers or secondary retailers. “Ghost guns” are unregistered, lack serial numbers and are untraceable. During the search, agents also recovered approximately 5830 rounds of ammunition and a cache of extended magazines. In 2011, Lopez was convicted of firearm possession in federal court, and was sentenced to 15 months imprisonment.
This investigation is part of the Virgin Islands Violent Crime Task Force which consists of Homeland Security Investigations, United States Postal Inspections Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Federal Bureau of Investigations, Customs and Border Protection, United States Marshal Services, and the Virgin Islands Police Department. The mission of the Violent Crime Task Force is to identify, disrupt, and bring to justice individuals that plague the Virgin Islands community with acts of drug and gun violence.
“This collaboration with law enforcement partners is an essential element towards combatting violent crime and illicit activities in our area of responsibility” said Homeland Security Investigations Resident Agent in Charge Bernhardt Simmonds. Our agency remains steadfast in our fight against weapons trafficking into the Virgin Islands, which contributes to the uptick in violent crimes in our territory.”
“These individuals pose the greatest threat to the safety and health of our citizens”, stated Drug Enforcement Administration Special Agent in Charge Denise Foster. “We will continue to allocate all our law enforcement resources to make a greater impact in vulnerable areas where criminal organizations dedicated to drug trafficking are causing greater damage.”
This case is being prosecuted by Assistant United States Attorney Yasir Sadat and Evan Rikhye. United States Attorney Smith reminds the public that a complaint is merely an allegation that a crime was committed, and that a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Federal Court Shuts Down Houston-Area Tax Return Preparer and BusinessRead the Press Release
A federal court last week permanently enjoined a Houston-area tax return preparer and her business from preparing federal tax returns for others, among other related prohibitions.
Crystal Ojeda and her tax return preparation business, Money Market Tax Company LLC, consented to a permanent injunction in an order entered against them on Nov. 9. The complaint filed earlier this year alleges that Ojeda prepared over 10,000 federal income tax returns during 2018-2023 from her business Money Market Tax Company LLC, as well as through two separate sole proprietorships: Money Market Financial Services and Money Market Financial. The complaint further alleges that in a substantial number of these tax returns, Ojeda significantly overstated her customers’ tax refund amounts by fabricating or inflating business losses, medical and dental expenses and charitable contributions. In addition, the complaint alleges that for some customers’ returns, Ojeda falsely claimed residential energy credits to which her customers were not entitled.
By repeatedly understating her customers’ tax liabilities, Ojeda allegedly caused the United States harm of an estimated $4.8 million in tax revenue just from the years 2020 to 2022, and millions more from earlier years.
In addition to other prohibitions, the injunction order prohibits Ojeda and her business from acting as a federal tax-return preparer for any person or entity other than on their own behalf and from using or obtaining any Preparer Tax Identification Number or Electronic Filing Identification Number.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
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 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.
Texas Man Sentenced to 30 Months in Prison for Chicago-Area Tax Fraud SchemeRead the Press Release
A Texas man, formerly of Chicago, was sentenced today to 30 months in prison for mail fraud arising out of a scheme to fraudulently obtain tax refunds from the IRS.
According to court documents and statements made in court, from approximately June 2010 through January 2014, Lamar “Cory” Thompson obtained the Social Security numbers of individuals in the Chicago area and persuaded them to get fingerprinted under the false pretense that they would be working for him as tax return preparers. Thompson used this personal information without the knowledge of these individuals to unlawfully obtain Electronic Filing Identification Numbers, Preparer Tax Identification Numbers and Employer Identification Numbers from the IRS for the purpose of filing fraudulent tax returns. Thompson knew the personal information would be used to prepare and file false tax returns claiming refunds in the names of other individuals and cause the IRS to issue fraudulent tax refunds. In furtherance of this scheme, Thompson caused bank accounts to be opened in the names of others and used these accounts to deposit and withdraw the fraudulently-obtained tax refunds. In total, Thompson attempted to obtain approximately $1,549,342 in fraudulent tax refunds from the IRS.
In addition to his prison sentence, U.S. District Judge Manish S. Shah for the Northern District of Illinois ordered Thompson to serve three years of supervised release and to pay restitution to the United States in the amount of $908,727.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorneys Mahana Weidler and Boris Bourget of the Tax Division prosecuted the case.
Justice Department Secures Agreement with Cox Communications to Resolve Claims the Company Used a Georgia Tech Recruiting Platform to DiscriminateRead the Press Release
Marking 37 years since Congress passed the anti-discrimination provision of the Immigration and Nationality Act (INA), the Justice Department announced today that it secured an agreement with Cox Communications Inc., a Georgia-based provider of residential and business telecommunication services to resolve claims of discrimination.
Specifically, this agreement resolves the department’s determination that Cox Communications violated the INA by using a Georgia Institute of Technology (Georgia Tech) on-campus recruiting platform to post dozens of discriminatory job advertisements that unlawfully excluded students and alumni based on their citizenship status. The department previously secured agreements with 30 other employers to resolve similar claims — 16 in June 2022, four in September 2022 and another 10 in May 2023 — and with Georgia Tech in August 2023.
“With this latest resolution, the Justice Department has now held Georgia Tech and 31 employers accountable for their roles in unlawful hiring discrimination based on students’ citizenship status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These agreements have secured more than $2.5 million in civil penalties and demonstrate the department’s commitment to ensuring that college students and graduates embarking on their careers have a fair chance to compete for jobs.”
The department started its investigations after a Georgia Tech student, who was then a lawful permanent resident, complained about a U.S. citizens-only internship advertisement on Georgia Tech’s on-campus job recruitment platform. The department’s investigation of the student’s complaint revealed dozens of other discriminatory advertisements on the platform, including several posted by Cox Communications. The department found that Cox Communications posted numerous job advertisements that unlawfully excluded workers granted asylum or refugee status, lawful permanent residents and, in one instance, U.S. citizens. The department also determined that Cox Communications used features of Georgia Tech’s online platform to deter and automatically exclude qualified students from applying because of their citizenship status.
Under this agreement, Cox Communications is required to pay a civil penalty of $459,895 and to train its recruiting staff on the INA’s anti-discrimination provision. The agreement also prohibits Cox Communications from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are legally required.
This agreement is part of the department’s efforts to combat discrimination related to artificial intelligence and automated systems, as described in the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.
The INA’s anti-discrimination provision was passed as part of the Immigration Reform and Control Act in November 1986. This law prohibits employers and recruiters from limiting jobs based on citizenship or immigration status unless required by a law, regulation, executive order or government contract. The INA protects those granted asylum or refugee status, recent lawful permanent residents, U.S. citizens and U.S. nationals from citizenship status discrimination in hiring, firing and recruitment or referral for a fee.
Learn more about IER’s work and how to get assistance through this brief video. IER’s website has more information on how employers can avoid discriminating based on citizenship status when hiring and recruiting. 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.
View the settlement agreement here.
Justice Department Secures $25 Million Landmark Agreement with Apple to Resolve Employment Discrimination Allegations Based on Citizenship StatusRead the Press Release
The Justice Department announced today that it has secured a landmark agreement with Apple Inc. (Apple) to resolve allegations that Apple illegally discriminated in hiring and recruitment against U.S. citizens and certain non-U.S. citizens whose permission to live in and work in the United States does not expire.
Under the agreement, Apple is required to pay up to $25 million in backpay and civil penalties, the largest award that the department has recovered under the anti-discrimination provision of the Immigration and Nationality act (INA).
“Creating unlawful barriers that make it harder for someone to seek a job because of their citizenship status will not be tolerated,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This resolution reflects the Civil Rights Division’s commitment to ending illegal discriminatory employment practices.”
The settlement agreement resolves the department’s determination that Apple violated the INA’s anti-discrimination requirements during Apple’s recruitment for positions falling under the permanent labor certification program (PERM). The PERM program is administered by the U.S. Department of Labor and the U.S. Department of Homeland Security. It allows employers to sponsor workers for lawful permanent resident status in the United States after completing recruitment and meeting other program requirements. Any U.S. employer that utilizes the PERM program cannot illegally discriminate in hiring or recruitment based on citizenship or immigration status.
The department’s investigation, which started in February 2019, found that Apple engaged in a pattern or practice of citizenship status discrimination in recruitment for positions it hired through PERM, and that the company’s unlawful discrimination prejudiced U.S. citizens, U.S. nationals, lawful permanent residents, and those granted asylum or refugee status. These less effective recruitment practices deterred protected workers from applying to positions that Apple preferred to fill instead with PERM beneficiaries.
Specifically, the department’s investigation found that Apple did not advertise positions Apple sought to fill through the PERM program on its external job website, even though its standard practice was to post other job positions on this website. It also required all PERM position applicants to mail paper applications, even though the company permitted electronic applications for other positions. In some instances, Apple did not consider certain applications for PERM positions from Apple employees if those applications were submitted electronically, as opposed to paper applications submitted through the mail. These less effective recruitment procedures nearly always resulted in few or no applications to PERM positions from applicants whose permission to work does not expire.
Pursuant to the $25 million agreement, Apple is required to pay $6.75 million in civil penalties and establish an $18.25 million back pay fund for eligible discrimination victims. The agreement also requires Apple to ensure that its recruitment for PERM positions more closely matches its standard recruitment practices.
Specifically, Apple will be required to conduct more expansive recruitment for all PERM positions, including posting PERM positions on its external job website, accepting electronic applications, and enabling applicants to PERM positions to be searchable in its applicant tracking system. Apple has implemented some of these measures after the department opened its investigation. Additionally, Apple will train its employees on the INA’s anti-discrimination requirements and be subject to departmental monitoring for the three-year period of the agreement.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the INA’s anti-discrimination provision. This law 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. Learn more about IER’s work and how to get assistance through this brief video or watch an on-demand presentation. Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s website.
Workers who have questions about this settlement can contact IER at 1-888-473-3897 or [email protected]. The public can get more information about how to get help from IER by visiting IER’s English and Spanish websites. Subscribe for email updates from IER.
View the settlement agreement here.
View Attachment A here.
Justice Department Files Statement of Interest in Case on Right to Travel to Access Legal AbortionsRead the Press Release
The Justice Department filed a statement of interest today in two consolidated lawsuits seeking to protect the right to interstate travel, including the right to travel to another state to obtain an abortion that is legal in the destination state. The statement of interest explains that the Constitution protects the right to travel across state lines and engage in conduct that is lawful where it is performed and that states cannot prevent third parties from assisting others in exercising that right. The statement argues that the Alabama Attorney General’s threatened prosecutions of individuals for providing assistance to people seeking lawful out-of-state abortions are therefore unconstitutional. The cases are Yellowhammer Fund v. Marshall and West Alabama Women’s Center, et al., v. Marshall.
“As I said the day Dobbs was decided, bedrock constitutional principles dictate that women who reside in states that have banned access to comprehensive reproductive care must remain free to seek that care in states where it is legal,” said Attorney General Merrick B. Garland. “This filing demonstrates the Justice Department’s commitment to defending the constitutional right to travel and to protecting reproductive freedom under federal law.”
“The Reproductive Rights Task Force has been scrutinizing state laws and enforcement actions that threaten to infringe on federal protections of reproductive rights, including illegal attempts to prevent interstate travel,” said Associate Attorney General Vanita Gupta. “Today’s filing is just one part of the Justice Department’s ongoing work to use all available tools to safeguard reproductive freedoms protected by the Constitution and federal law.”
“Alabama may not infringe the constitutional right to travel in order to meet its policy goals,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The Civil Division will continue to assert the interests of the United States.”
The Department’s statement of interest explains that the right to travel from one state to another is firmly embedded in the Supreme Court’s jurisprudence and the Constitution. It notes that Justice Kavanaugh — one of the five justices who formed the majority in Dobbs v. Jackson Women’s Health Organization — has explained that the question of whether a State may “bar a resident of that State from traveling to another State to obtain an abortion” is “not especially difficult” — “the answer is no based on the constitutional right to interstate travel.” The Department’s filing also explains that the Supreme Court has held that states may not prevent third parties from assisting others in exercising their right to travel. Further, the statement of interest explains that because of these precedents, the Alabama Attorney General may not criminalize third-party assistance for interstate travel, particularly where the sole purpose of those prosecutions is to impede individuals’ exercise of their constitutional rights.
The plaintiffs in these cases are organizations and individuals within Alabama seeking to facilitate individuals’ access to legal, out-of-state abortions. They brought suit in response to the Alabama Attorney General’s argument that he may criminally prosecute individuals within Alabama who assist others in obtaining legal, out-of-state abortions. Specifically, the Alabama Attorney General contends that providing assistance within Alabama to someone seeking an out-of-state abortion constitutes a criminal conspiracy, regardless of whether the abortion is legal in the state where it is performed, as long as the abortion would be illegal if performed within Alabama. Plaintiffs have challenged the Alabama Attorney General’s threatened conspiracy prosecutions on a variety of grounds, including as being inconsistent with the Constitution’s right to travel.
Following the Supreme Court’s decision in Dobbs overturning Roe v. Wade, the Justice Department has worked with commitment and urgency to defend the reproductive freedoms that are protected by federal law. The Reproductive Rights Task Force, led by Associate Attorney General Gupta, consists of senior officials and dedicated staff from across a dozen Department components who are working daily to address complex and widespread threats to reproductive health in the wake of Dobbs. Since the Task Force was formed, one of its core responsibilities has been to assess state and local legislation and enforcement actions that threaten to impair women’s right to seek reproductive care in states where it is legal and to coordinate appropriate federal government responses to those actions, including proactive and defensive legal action where appropriate. Additional information on the work of the Task Force can be found at www.justice.gov/reproductive-rights.
Statement of InterestJustice Department Files Lawsuit and Proposed Consent Decree to Prohibit Koch Foods from Imposing Unfair and Anticompetitive Termination Penalties in Contracts with Chicken GrowersRead the Press Release
The Justice Department filed a civil lawsuit under the Sherman Act and Packers and Stockyards Act today against Koch Foods Incorporated (Koch), the fifth largest poultry processor in the United States. The complaint alleges that Koch anticompetitively and unfairly required chicken farmers, or growers, to pay Koch a termination penalty to switch from working for Koch to a rival chicken processor. At the same time, the department filed a proposed consent decree that would prohibit Koch from penalizing growers for switching processors and require Koch to return certain expenses, fees and penalties it unlawfully imposed on growers who tried to work for other chicken processors.
“Antitrust and competition laws protect growers’ right to benefit from competition for their products, their services and their labor,” said Deputy Assistant Attorney General Michael Kades of the Justice Department’s Antitrust Division. “This enforcement action marks another important step in the division’s renewed partnership with the Department of Agriculture to promote free and fair competition and reinvigorate enforcement of the Packers and Stockyards Act.”
“The Packers and Stockyards Act stands for fairness, and that’s what this enforcement action today delivers,” said Senior Advisor for Fair and Competitive Markets Andy Green of the Department of Agriculture (USDA). “This action to protect growers’ right to compete signals the joint commitment of the USDA and Justice Department to open competitive markets.”
The complaint alleges that Koch, which operates processing facilities in Alabama, Georgia, Mississippi and Tennessee, deterred farmers from switching to other processors by requiring them to repay a substantial share of their income as a penalty if they terminated their contract. As alleged in the complaint, Koch’s termination penalty, which varies across chicken growers, amounted to more than half of most growers’ total annual take-home income and sometimes more than one year’s entire take-home earnings. Koch used the threat of the termination penalty to discourage growers from switching to Koch’s competitors and sued or threatened to sue more than a dozen family farmers who tried to switch to a Koch competitor.
Accordingly, the termination penalty operated as an anticompetitive, de facto noncompete clause, in violation of the Sherman Act. The penalty provision is also an unfair practice or device in violation of the Packers and Stockyards Act, a landmark statute passed in 1921 that protects livestock and poultry producers.
At the same time, the Antitrust Division filed a proposed consent decree to address its competition concerns. If approved by the court, the proposed consent decree would require Koch to:
- Inform all current growers with contracts containing a termination penalty provision that Koch will not enforce the provision;
- Reimburse growers for all termination penalty payments and out-of-pocket legal expenses incurred as a result of Koch enforcing the termination penalty;
- Refrain from including a termination penalty obligation in any grower contracts and from taking any steps to collect any termination penalty payments for the next seven years;
- Refrain from retaliating against, intimidating or harassing any grower who is involved in any dispute over a termination penalty or who cooperated with the Justice Department or USDA in their investigations of Koch’s termination penalty practices; and
- Meet certain reporting and compliance obligations including an annual certification for the next seven years that Koch is complying with the proposed final judgment.
Today’s lawsuit and proposed consent decree are the second recent Packers and Stockyards Act enforcement action referred to the Justice Department by the USDA. In June, the U.S. District Court for the District of Maryland entered a consent decree to resolve an action alleging that the “tournament system” used by processor Wayne-Sanderson Farms to compensate chicken farmers violated the Packers and Stockyards Act.
As required by the Tunney Act, the proposed consent decree, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed consent decree during a 60-day comment period to Chief, Civil Conduct Task Force, Antitrust Division, Department of Justice, 450 Fifth Street NW, Suite 8600, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the Northern District of Illinois may enter the final judgment upon finding it is in the public interest.
Anyone with information about anticompetitive conduct in agricultural industries or any other violations of the antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or [email protected]. Information about anticompetitive practices in livestock and poultry markets can also be submitted to the USDA’s and Justice Department’s Agricultural Markets Enforcement Partnership at www.farmerfairness.gov.
View the complaint here.
View the memo here.
Foreign National Charged with International Drug TraffickingRead the Press Release
An indictment was unsealed in the District of Columbia today charging a foreign national with international fentanyl, heroin, methamphetamine, cocaine, and marijuana trafficking.
According to court documents, between January 2017 and April 2021, Juan Carlos Morgan Huerta, aka Cacayo, conspired to import large quantities of fentanyl, heroin, methamphetamine, cocaine, and marijuana from Mexico into the United States.
Morgan Huerta is charged with conspiracy to manufacture and distribute 400 grams or more of fentanyl, one kilogram or more of heroin, 500 grams or more of methamphetamine, five kilograms or more of cocaine, and over 1,000 kilograms of marijuana for importation into the United States. If convicted, Morgan Huerta faces a mandatory minimum of 10 years in prison and a statutory maximum penalty of life in prison.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, Drug Enforcement Administration (DEA) Administrator Anne Milgram, and Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI) made the announcement.
The Organized Crime Drug Enforcement Task Forces (OCDETF) supported the case.
The FBI Tucson Field Office, OCDETF Strike Force, DEA Nogales Field Division, and HSI Tucson Field Office are investigating this case.
Trial Attorneys Kirk Handrich and Lernik Begian of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs and Criminal Division’s Office of Enforcement Operations provided significant assistance.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
El Departamento de Justicia obtiene un acuerdo histórico de $25 millones con Apple para resolver acusaciones de discriminación laboral basadas en el estatus de ciudadaníaRead the Press Release
El Departamento de Justicia anunció hoy que ha obtenido un acuerdo histórico con Apple Inc. (Apple) para resolver las acusaciones de que Apple discriminó ilegalmente en su contratación y reclutamiento, a ciudadanos de los EE. UU. y a ciertos no ciudadanos de los EE. UU. cuyo permiso para vivir y trabajar en los Estados Unidos no vence.
En virtud del acuerdo, Apple está obligada a pagar hasta $25 millones en pago retroactivo y sanciones civiles, la mayor concesión que el Departamento ha recuperado en virtud de la disposición antidiscriminación de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés).
«La creación de barreras ilícitas que le dificultan a alguien buscar un trabajo debido a su estatus de ciudadanía no se tolerará», dijo Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Esta resolución refleja el compromiso de la División de Derechos Civiles de acabar con las prácticas de empleo discriminatorias ilegales».
El acuerdo resuelve la determinación del Departamento de que Apple infringió los requisitos antidiscriminatorios de la INA durante el reclutamiento de Apple para puestos que forman parte del programa de certificación laboral permanente (PERM, por sus siglas en inglés). El programa PERM es administrado por el Departamento de Trabajo de los EE. UU. y el Departamento de Seguridad Nacional de los EE. UU. Permite a los empleadores patrocinar a los trabajadores para obtener el estatus de residente permanente legal en los Estados Unidos después de completar los pasos de reclutamiento requeridos y cumplir con otros requisitos del programa. Cualquier empleador en los Estados Unidos que utiliza el proceso PERM no puede discriminar ilegalmente en la contratación o el reclutamiento en función de la ciudadanía o el estatus migratorio.
La investigación del Departamento, que empezó en febrero del 2019, encontró que Apple incurrió en un patrón o una práctica de discriminación por motivos de estatus de ciudadanía en su reclutamiento para puestos que contrató a través del programa PERM, y que la discriminación ilícita de la compañía perjudicó a ciudadanos de los EE: UU., nacionales de los EE. UU., residentes permanentes legales y aquellos a los que se les ha concedido el asilo o el estatus de refugiado. Estas prácticas de contratación menos eficaces disuadieron a los trabajadores protegidos de solicitar vacantes que Apple prefirió llenar, en su lugar, con beneficiarios de PERM.
En concreto, la investigación del Departamento determinó que Apple no publicaba puestos que Apple pretendía cubrir mediante el programa PERM en su sitio web de trabajo externo, aunque su práctica estándar era publicar otros puestos de trabajo en este sitio web. También exigía que todos los solicitantes de puestos PERM enviaran solicitudes en papel, aunque la empresa permitía solicitudes electrónicas para otros puestos. En algunos casos, Apple no consideró ciertas solicitudes para puestos PERM de los empleados de Apple si esas solicitudes se enviaron electrónicamente, en lugar de las solicitudes en papel enviadas por correo. El resultado de estos procedimientos de reclutamiento menos eficaces casi siempre era la escasa presentación de solicitudes, si es que alguna, para puestos PERM de solicitantes cuyo permiso para trabajar no vence.
De conformidad con el acuerdo de $25 millones, a Apple se le requiere pagar $6,75 millones en sanciones civiles y establecer un fondo de pagos retroactivos de $18,25 millones para las víctimas de discriminación elegibles. Por otra parte, el acuerdo requiere que Apple se asegure de que su contratación para puestos PERM se ajuste más a sus prácticas habituales de contratación.
En concreto, Apple deberá realizar un reclutamiento más amplio para todos los puestos PERM, incluida la publicación de puestos PERM en su sitio web de empleo externo, la aceptación de solicitudes electrónicas y la posibilidad de buscar a candidatos para puestos PERM en su sistema de seguimiento de candidatos. Apple ha implementado algunas de estas medidas después de que el Departamento abriera su investigación. Además, Apple capacitará a sus empleados sobre los requisitos antidiscriminatorios de la INA y se someterá a la supervisión por parte del Departamento durante el período de tres años del acuerdo.
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. Esta ley prohíbe la discriminación por motivos de estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas y represalias e intimidación. Puede aprender más sobre el trabajo de la IER y cómo obtener asistencia a través de este vídeo corto o visualice una presentación a la carta. Hay más información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación en los procesos de contratación y reclutamiento.
Los trabajadores que tengan preguntas sobre este acuerdo pueden comunicarse con la IER al 1-888-473-3897 o [email protected]. El público puede obtener más información sobre cómo conseguir ayuda de IER en los sitios web de la IER inglés y español. Inscríbase para recibir actualizaciones por correo electrónico de la IER.
View the settlement agreement here.
View Attachment A here.
El Departamento de Justicia logra un acuerdo con Cox Communications para resolver acusaciones de que la empresa utilizó una plataforma de reclutamiento de Georgia Tech para discriminarRead the Press Release
En el 37º aniversario de la aprobación por parte del Congreso de la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés), el Departamento de Justicia anunció hoy que ha logrado un acuerdo con Cox Communications Inc., un proveedor de servicios de telecomunicaciones residenciales y empresariales con sede en Georgia para resolver acusaciones de discriminación.
En concreto, este acuerdo resuelve la determinación del Departamento que Cox Communications vulneró la INA mediante el uso de una plataforma de reclutamiento en el recinto universitario del Instituto de Tecnología de Georgia («Georgia Tech») para publicar decenas de anuncios de empleo discriminatorios que excluyeron, de manera ilícita, a estudiantes y antiguos alumnos en función de su estatus de ciudadanía. Previamente, el Departamento llegó a un acuerdo con otros 30 empleadores para resolver acusaciones similares:16 en junio del 2022, cuatro en septiembre del 2022 y otros 10 en mayo del 2023—y con Georgia Tech en agosto del 2023.
«Con este último acuerdo, el Departamento de Justicia ha hecho a Georgia Tech y a 31 empleadores responsables del papel que han desempeñado en la discriminación ilícita en la contratación basada en el estatus de ciudadanía de los estudiantes», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Estos acuerdos han obtenido más de $2.5 millones en sanciones civiles y demuestran el compromiso del Departamento de garantizar que los estudiantes universitarios y sus exalumnos que están comenzando sus carreras laborales tengan una oportunidad equitativa de competir por trabajos».
El Departamento inició sus investigaciones después de que un estudiante de Georgia Tech, que para aquel entonces era residente permanente legal, se quejó de un anuncio de prácticas restringido a ciudadanos de los EE. UU. en la plataforma de reclutamiento laboral en el recinto universitario de Georgia Tech. La investigación del Departamento de la denuncia del estudiante reveló decenas de otros anuncios discriminatorios en la plataforma, incluidos varios publicados por Cox Communications. El Departamento descubrió que Cox Communications publicó numerosos anuncios de trabajo que excluían, de manera ilegal, a los trabajadores a los que se les ha concedido el asilo o el estatus de refugiado, residentes permanentes legales y, en un caso, ciudadanos estadounidenses. Por otra parte, el Departamento también determinó que Cox Communications utilizó características de la plataforma en línea de Georgia Tech para disuadir y excluir automáticamente a los estudiantes calificados de solicitar puestos de trabajo, debido a su estatus de ciudadanía.
Este acuerdo requiere que Cox Communications pague una sanción civil de $459,895 y que capacite a su personal de reclutamiento en cuanto a la disposición antidiscriminación de la INA. El acuerdo también prohíbe a Cox Communications incluir designaciones específicas de ciudadanía o estatus migratorio en sus anuncios de trabajo en el recinto universitario, a menos que las restricciones sean legalmente obligatorias.
Este acuerdo forma parte de los esfuerzos del Departamento por combatir la discriminación relacionada con la inteligencia artificial y los sistemas automatizados, como se describe en la Orden ejecutiva sobre el desarrollo y uso seguro y fiable de la inteligencia artificial.
La disposición antidiscriminatoria de la INA se aprobó como parte de la ley de Reforma y Control de la Inmigración en noviembre de 1986. Esta ley prohíbe que los empleadores y reclutadores restrinjan los trabajos en función de la ciudadanía o el estatus migratorio, a menos que lo exija una ley, una regulación, una orden ejecutiva o un contrato gubernamental. La INA protege a aquellos a los que se les ha concedido el asilo o el estatus de refugiado, residentes permanentes legales recientes, ciudadanos de los EE. UU. y nacionales de los EE. UU. de la discriminación por motivos de estatus de ciudadanía en los procesos de contratación, despido y reclutamiento o recomendación por comisión.
Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. El sitio web de la IER tiene más información sobre cómo los empleadores pueden evitar la discriminación a base del estatus de ciudadanía al contratar y reclutar. 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. Inscríbase para recibir actualizaciones por correo electrónico de la IER.
View the settlement agreement here.
Drug Trafficker Sentenced to 46 Months IncarcerationRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced that Keyran Coto Lopez, 28, of Costa Rica, was sentenced by District Judge Wilma Lewis to 46 months of incarceration following his guilty plea to possession with intent to distribute marijuana onboard a vessel subject to the jurisdiction of the United States.
According to court documents, on November 7, 2022, while on patrol in international waters in the Eastern Pacific, the United States Coast Guard Cutter Campbell intercepted a go-fast vessel operating approximately 65 nautical miles South of Boca Chica, Panama, with no physical flag flown and no registration documents. Coast Guard officials also observed contraband on the deck of the go-fast vessel and three individuals later identified as Lopez, Alonso Hernandez-Hernandez and Luis Orellana-Orellana onboard. All three occupants claimed to be nationals of Costa Rica and claimed Colombian nationality for the go-fast vessel. The Colombian government neither confirmed nor denied nationality of the vessel thereby subjecting it to the jurisdiction of the United States. A search of the go-fast vessel resulted in the recovery of 4,104 pounds of marijuana. Hernandez-Hernandez and Orellana-Orellana also pleaded guilty and are awaiting sentencing.
This case was investigated by the United States Coast Guard and the Drug Enforcement Administration and was prosecuted by Assistant United States Attorney Melissa P. Ortiz. This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Cocaine Trafficker Sentenced to 70 Months IncarcerationRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced that Leandro De Los Santos, 33, of the Dominican Republic, was sentenced by Judge Wilma A. Lewis to 70 months imprisonment after pleading guilty to possession with intent to distribute 630 kilograms of cocaine while on board a vessel subject to the jurisdiction of the United States.
According to court documents, on September 11, 2022, while on routine patrol south of the Dominican Republic, United States Coast Guard Cutter U.S.S. Billings intercepted a go-fast vessel navigating on a northerly course approximately 80 nautical miles south of Bani, Dominican Republic. The vessel had no flag flown, no registration numbers and no name painted on its hull. The Dominican Republic Navy later confirmed that the vessel was not registered with their country, and it was therefore treated as a vessel without nationality thereby subjecting it to the jurisdiction of the United States. Onboard the vessel, the U.S.S. Billings boarding team detained De Los Santos and Victor Reyes-Martinez and recovered 630 kilograms of cocaine. On March 30, 2023, Reyes-Martinez pleaded guilty on March 30, 2023, and was sentenced to 57 months incarceration.
This case was investigated by the United States Coast Guard, Homeland Security Investigations and Drug Enforcement Administration and was prosecuted by Assistant United States Attorney Evan Rikhye. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Alleged Promoter of an Illegal Tax Shelter Charged with Tax Evasion and Obstructing the IRSRead the Press Release
A federal grand jury in Sherman, Texas, returned an indictment today charging a Texas man with tax evasion and corruptly obstructing the IRS for attempting to evade his personal federal income taxes by, among other things, using an abusive-trust tax shelter. In September, a federal grand jury in Denver charged him with conspiring with others to defraud the United States by promoting nationwide the same abusive-trust tax shelter.
According to the indictment, from 2001 to 2014, Larry Conner, of Frisco, Texas, filed his individual income tax returns but did not pay the income taxes reported due on those returns. Conner allegedly attempted to prevent the IRS from collecting the unpaid taxes by creating sham trusts to hide over $5 million in income he earned from 2016 through 2021 and other assets from the IRS. Conner allegedly signed trust instruments purporting to create five trusts and opened bank accounts in the name of each trust, which he used to pay for personal living expenses. The indictment alleges that Conner assigned virtually all his income to the sham trusts and filed false individual income tax returns that did not report the income he assigned to those sham trusts.
The indictment further alleges that in 2018, Conner submitted a false form to the IRS as part of an offer to settle a portion of his tax debt. In the form, Conner allegedly understated his assets, omitted multiple bank accounts and falsely represented to the IRS that he did not run a business.
If convicted, Conner faces a maximum penalty of five years in prison for each count of tax evasion and three years in prison for corruptly obstructing the IRS. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The pending Denver federal indictment charges Conner with conspiring to defraud the United States by promoting nationwide the same abusive-trust tax shelter that he allegedly used to evade his personal taxes as charged in today’s indictment. In that matter, Conner is alleged to have promoted and sold the abusive-trust tax shelter for approximately $25,000 to $50,000 per client, assuring them that they would continue to benefit from and control the income assigned to the sham trusts. In total, Conner’s promotion and sale of the tax shelter allegedly resulted in tens of millions of dollars in unpaid federal income taxes.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Amanda R. Scott and Lauren K. Pope and Senior Litigation Counsel Corey J. Smith of the Tax Division are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Wall Street Director and Head Trader Charged for U.S. Treasuries Market Fraud SchemeRead the Press Release
A federal grand jury in Newark, New Jersey, returned an indictment that was unsealed today charging a Wall Street bond trader for a scheme to manipulate the U.S. Treasuries market.
“Securities fraud and manipulation, as alleged here, victimize investors and degrade the integrity of our public securities markets,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The department will continue to protect our financial systems and investors by holding accountable those who violate our securities laws.”
According to court documents, between approximately April 2018 and May 2019, Jeyakumar Nadarajah, 39, who was employed as a director at a bank in New York and head of the desk that was responsible for trading U.S. Treasuries, allegedly engaged in a scheme to mislead market participants in the secondary (or cash) market for U.S. Treasuries. Nadarajah is alleged to have engaged in a spoofing and layering scheme that involved placing orders that he did not intend to execute in order to create the appearance of false supply and demand, and to fraudulently induce other market participants to trade at prices, quantities, and times that they otherwise would not have traded.
“There’s money to be made in the financial markets. And if there’s money to be made, it means that fraudsters are right there looking to take advantage of other market participants,” said Inspector in Charge Eric Shen of U.S. Postal Inspection Service (USPIS) Criminal Investigations Group. “Whether it’s a simple investment scam or a complex scheme like the one Mr. Nadarajah allegedly tried to pull off, Postal Inspectors are there to bring the scammers to justice.”
Nadarajah is charged with two counts of wire fraud, seven counts of securities fraud, and seven counts of securities manipulation. If convicted, he faces a maximum penalty of 20 years in prison for each count of wire fraud, securities fraud, and securities manipulation.
USPIS is investigating the case.
Assistant Chief Scott Armstrong and Trial Attorney John J. Liolos of the Criminal Division’s Fraud Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
IndictmentMississippi Return Preparers Found Guilty of Tax FraudRead the Press Release
A federal jury in Jackson, Mississippi, convicted Adam Earnest, Christopher Randell and James Klish yesterday of conspiracy to defraud the United States. Earnest and Randell were separately convicted of individual counts of preparing false tax returns.
According to court documents and evidence presented at trial, Earnest, Randell and Klish worked at Sunbelt Tax Services, a return preparation business with a primary office located in Jackson,. Earnest, Randell and Klish conspired together and with others at Sunbelt Tax Services to fraudulently claim inflated tax refunds for clients by reporting false education credits, itemized deductions and business profits or losses. Earnest and Klish also created at least four tax returns for some of their clients claiming false items.
A sentencing hearing is scheduled for Feb. 22, 2024. Each defendant faces a maximum penalty of five years in prison for conspiracy to defraud the United States, and Earnest and Randell face a maximum penalty of three years in prison for each false return count on which they were found guilty. They also each face a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department's Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Patrick Elwell, Zachary Cobb and Mary Frances Richardson of the Tax Division are prosecuting the case.
Justice Department and the Federal Trade Commission Meet with G7 Enforcement Partners in Tokyo to Discuss the Challenges of Ensuring Competition in Digital MarketsRead the Press Release
The Justice Department’s Antitrust Division and the Federal Trade Commission participated in the G7 Competition Authorities and Policymakers’ Summit today to discuss the ways in which enforcers and policymakers are addressing competition concerns in digital markets.
The Summit was convened by the G7 Digital and Tech Ministers and hosted in Tokyo by Japan’s Secretariat of Headquarters for Digital Market Competition and the Japan Fair Trade Commission. The Antitrust Division was represented by Chief of Staff Joshua Tzuker, assisted by International Counsel Mark Niefer.
“We thank Japan for organizing such a productive and important event,” said Chief of Staff Tzuker. “International cooperation is necessary if we are to protect consumers and workers from emerging risks to competition in digital markets around the world. The Summit was a significant step toward enhancing our collective efforts to protect digital market competition today and in the future.”
In preparation for the Summit, G7 members contributed to the Compendium of Approaches to Improving Competition in Digital Markets, which describes member efforts in digital markets. Japan also published the G7 Inventory of New Rules for Digital Markets and an accompanying Analytical Note which describe new or contemplated laws and regulations intended to address competition in digital markets.
At the conclusion of the Summit, G7 competition authorities and policymakers issued a Digital Competition Communique, which describes a shared commitment to enforce competition laws and develop policies necessary to ensure that principles of fair competition are applied to digital markets. The Communique highlights competition concerns arising from emerging technologies, and it describes the ways in which G7 competition authorities and policymakers are enhancing their ability to better understand and anticipate the challenges to competition arising from new technologies such as generative AI. The Communique emphasizes that current competition law applies to AI and its uses, and that the G7 is committed to addressing any risks to competition associated with the rise of AI.
Interpol Washington’s Project Terminus Launches Initiative to Enhance Border Security in ColombiaRead the Press Release
WASHINGTON – Last week, INTERPOL Washington successfully launched a new phase of assistance to the Colombian government that will enhance its border security capabilities, improving its ability to detect and interdict transnational criminals and terrorists entering Colombia. Through Project TERMINUS, a technical team from INTERPOL Washington’s Border Security Division (BSD) worked on the ground in Bogotá to provide, install, and ensure effective operation of equipment that connects Colombian law enforcement authorities to INTERPOL databases.
“Project TERMINUS is bringing critical new law enforcement tools to our indispensable partners in Colombia,” said INTERPOL Washington BSD Deputy Assistant Director Keith Hood. “Close collaboration between nations is the only way to stop transnational crime and terrorism. By strengthening Colombia’s interconnection with INTERPOL, the world’s largest police organization, TERMINUS is making the world a safer place and protecting our communities.”
During the visit, the INTERPOL Washington technical team worked closely with National Central Bureau Bogotá and met with Colombian National Police representatives from each region of the country. They discussed the current threat landscape, challenges with irregular migration, and the security benefits of Project TERMINUS.
Project TERMINUS is a partnership established in 2016 between INTERPOL Washington’s BSD and the State Department's Bureau of Counterterrorism. It helps deliver solid, actionable criminal intelligence in a secure manner around the world by extending INTERPOL’s I-24/7 secure global police communications system in high-risk areas and select host nations globally. Through Project TERMINUS, expert technical assistance is made available to countries seeking to integrate access via the TERMINUS Tool Kit of Solutions, enhancing their ability to screen against the illicit international travel of transnational criminals and terrorists. Partner nations receiving assistance from Project TERMINUS include Indonesia, Malaysia, Nigeria, Kyrgyzstan, Panama, The Republic of Georgia, and The Maldives.
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.
Readout of Russian Elites, Proxies, and Oligarchs (REPO) Task Force Deputies MeetingRead the Press Release
Yesterday, Deputy Attorney General Lisa O. Monaco and Treasury Deputy Secretary Wally Adeyemo convened the Russian Elites, Proxies, and Oligarchs (REPO) Task Force Deputies to coordinate lines of effort to ensure that Russia bears the legal consequences of its internationally wrongful acts. Today’s task force meeting convened experts across the U.S. government and international community to explore all possible avenues to aid Ukraine – consistent with respective legal systems and international law – and to ensure Ukraine is compensated for the loss, injury and damage resulting from Russia’s full-scale aggression.
As Russia continues to commit flagrant violations of international law, REPO members remain united that, consistent with their respective legal systems, Russia’s sovereign assets in REPO jurisdictions will remain immobilized until Russia pays for the damage it has caused to Ukraine. Given the urgent needs of Ukraine and the paramount importance of holding Russia accountable for its illegal invasion of Ukraine, principals of the REPO Task Force plan to convene again later this year.
Justice Department Finds Minnesota City’s “Crime-Free” Housing Program Discriminates Against Tenants with Mental Health DisabilitiesRead the Press Release
The Justice Department announced today that the city of Anoka, Minnesota, violated the Americans with Disabilities Act (ADA) and the Fair Housing Act by denying tenants with mental health disabilities an equal opportunity to receive emergency assistance.
Following a comprehensive investigation, the department found that through the city’s “crime-free” housing program, the city discouraged and prevented tenants with mental health disabilities and those associated with them from using its emergency response service. The department found that people with mental health disabilities and their families or service providers refrained from calling for help to avoid risking their current housing or future housing prospects.
“Using a so-called ‘crime-free’ housing ordinance to invoke fear and prevent people with mental health disabilities from exercising their right to access housing and seek emergency assistance is discriminatory and runs afoul of our nation's civil rights laws,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “This scheme is cloaked as a public safety measure but in reality it callously targets people with disabilities and their loved ones by penalizing them simply for reaching out for emergency assistance in times of need. The Justice Department is committed to ensuring that every person, including those with disabilities, can access emergency services and enjoy access to fair housing without fear of retaliation.”
Under the city’s rental licensing and so-called “crime free” housing ordinance, the city can penalize landlords for “nuisance calls” to their properties. Nuisance calls include disorderly conduct and what the city describes as repeated “unfounded” calls to the police. The city can issue fines and revoke the landlord’s license if the landlord does not pursue eviction after nuisance calls to their property. When tenants with mental health disabilities and those associated with them (like their families or landlords) requested or received emergency assistance, they risked eviction, fines or loss of a rental license.
For years, the city also sent weekly reports to licensed landlords detailing all calls for emergency service from all rental properties. Along with a general description, each report included the name and address of those involved and often revealed personal and sensitive information about the person’s mental health disabilities, such as their diagnoses, medications and names of psychiatric or medical providers. Some even shared intimate details about suicide attempts. The city used these reports to notify landlords of potential nuisance calls and encourage landlords to evict tenants.
The department provided its findings and minimum remedial measures necessary in a letter to the city. Specifically, the department asks the city to change its policies and procedures, designate an ADA coordinator, and train staff.
The Civil Rights Division’s Disability Rights Section and the U.S. Attorney’s Office for the District of Minnesota investigated the case.
People with information about these findings are encouraged to contact the department via email at [email protected] or by calling a toll-free number at 888-473-3940. For more information on the ADA, please visit ADA.gov or call the toll-free ADA Information Line at 800-514-0301 (TTY 833-610-1264).
View the letter of findings here.
Readout of Assistant Attorney General Matthew G. Olsen’s Trip to Kyiv and BerlinRead the Press Release
Assistant Attorney General (AAG) Matthew G. Olsen of the Justice Department’s National Security Division traveled to Kyiv, Ukraine, from Oct. 30 through Nov. 1 to reaffirm the Department’s close partnership with foreign counterparts to stop the flow of sensitive technologies to foreign adversaries. AAG Olsen was joined by the Disruptive Technology Strike Force co-lead Assistant Secretary (AS) Matthew Axelrod of the Commerce Department’s Bureau of Industry and Security. AAG Olsen thereafter traveled to Berlin, Germany, where he met with German counterparts and gave remarks at the U.S. Embassy during a roundtable discussion hosted by the American Academy.
The trip follows the creation of the Disruptive Technology Strike Force earlier this year. Co-led by AAG Olsen and AS Axelrod, the Strike Force is an interagency law enforcement effort targeting illicit actors, protecting supply chains and preventing critical technologies from being acquired by authoritarian regimes and hostile nation-states. Senior officials from the FBI and Justice Department participated in the trip, including Deputy Assistant Attorney General and Counselor to the Attorney General for International Affairs Bruce Swartz and the Resident Legal Advisor in Kyiv, Jared Kimball.
While in Kyiv, the Strike Force delegation met with foreign counterparts and their staff, including Prosecutor General Andriy Kostin; Deputies Andrii Haichenko and Iryna Mudra of the Ukraine Ministry of Justice; Deputy Head of Security Service Olsekandr Poklad; and Head of the Foreign Intelligence Service of Ukraine, Oleksandr Lytvynenko. The delegation also visited the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice (KFI), a leading institution in the field of forensic examinations, housed within the Ministry of Justice and overseen by Director Oleksandr Ruvin and Deputy Director Dr. Nataliia Nestor. The visit to KFI gave the delegation the opportunity to view weapons recovered from the front lines, including ballistic missiles, air-guided missiles, and unmanned aerial vehicles (UAVs).
Throughout the visit, AAG Olsen emphasized the U.S. government’s continued commitment to undermining the Russian government’s ability to obtain critical technology used in UAVs and other weapons systems to support its unprovoked and unjustified aggression in Ukraine. Olsen additionally described the Justice Department’s ongoing efforts to bring criminal prosecutions and other enforcement actions aimed at stopping the illicit transfer of export-controlled, military-grade technology. The two governments further discussed opportunities for the Ukrainian government to support this work, including through information sharing and the exchange of best practices of forensic analysis.
From Berlin, AAG Olsen gave remarks at and participated in a roundtable discussion at the U.S. Embassy hosted by the American Academy. He also met with officials from the German Federal Ministry of the Interior and Community, including State Secretary Hans-Georg Engelke, and officials from the Germany Federal Ministry of Justice.
Over 220 Pounds of Suspected Controlled Substances Seized Including Pills Shaped to Resemble Heart Shaped CandyRead the Press Release
An estimated 10 million doses of controlled substances have been seized, including eight million doses of fentanyl and methamphetamine laced pills and powder. The total street value of the drugs seized is upwards of $8 million. Three men have been arrested in connection with allegedly running this large-scale drug trafficking organization (DTO) on the North Shore of Massachusetts.
Emilio Garcia, also known as 6, 25, of Lynn, Massachusetts, was charged with one count of conspiracy to distribute controlled substances and possess controlled substances with intent to distribute and one count of possession of controlled substances with intent to distribute; Sebastien Bejin, also known as Bash, 33, of Lynn, Massachusetts, was charged with one count of conspiracy to distribute controlled substances and possess controlled substances with intent to distribute and one count of possession of controlled substances with intent to distribute; and Deiby Felix, 40, of Lynn, Massachusetts, was charged with one count of possession of controlled substances with intent to distribute. The defendants will appear in U.S. District Court on Nov. 13.
According to the charging documents, in July 2023, an investigation into an overdose death in Salem, Massachusetts, led investigators to a DTO allegedly led by Garcia, Bejin, and Felix. The defendants were surveilled for three months, which culminated in search warrants at locations identified in the investigation, and their arrests on Wednesday, Nov. 1.
On Nov. 1, searches were conducted at four locations in Lynn. These were identified as locations frequented by Garcia and Bejin. The searches resulted in, what is believed to be, one of the largest single-location seizures of fentanyl and methamphetamine in Massachusetts and the region. Over 100 kilograms (220 pounds) of controlled substances were seized. The seizure included nine kilograms (20 pounds) of pink heart shaped fentanyl-laced pills pressed to look like candy.
In total, an estimated eight million individual doses of fentanyl and methamphetamine laced pills and powder was seized. The street value is believed to be upwards of $8 million.
More specifically, according to the charging documents, the following drug quantities were seized from the basement of a two-family residential home that was occupied by multiple families and small children:
- More than 10 kilograms (22 pounds) of white powder and rock like substances which field tested positive for methamphetamine and cocaine base;
- More than 17 kilograms (37 pounds) of suspected raw methamphetamine which equates to approximately more than 3.5 million individual doses;
- Approximately 280,000 counterfeit Percocet pills, believed to contain fentanyl, weighing 28 kilograms (61 pounds) with a street value in the range of approximately $1.4 million to over $7 million;
- More than 27 kilograms (59 pounds) of counterfeit Adderall pills, believed to contain methamphetamine; and
- Approximately 1.8 kilograms (four pounds) of brown rock and powder-like substances, which tested positive for cocaine, fentanyl, and methamphetamine. This quantity of fentanyl equates to about 900,000 individual doses.
Additional narcotics and five firearms were also seized during the searches.
“The only thing more depraved than trafficking deadly fentanyl is trafficking deadly fentanyl designed to look like candy to appeal to teenagers,” said Attorney General Merrick B. Garland. “The Justice Department is focused on attacking every link in the global fentanyl trafficking chain, and we will not stop until those responsible for the fentanyl poisoning epidemic are brought to justice. We also continue to urge families to have open and honest conversations about the urgent threat posed by this epidemic, and the fact that just one pill can kill.”
“This seizure by the FBI’s North Shore Gang Task Force saved lives in communities throughout Massachusetts,” said FBI Director Christopher Wray. “Not only was this seizure one of the largest in the history of Massachusetts, but some of the pills were created to look like candy, potentially presenting an enormous risk to children. The FBI will continue to relentlessly pursue those involved in narcotics trafficking to keep drugs off our streets, and out of the hands of children.”
“The doses of controlled substances seized in this case exceed the number of residents in Massachusetts,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “The fact that we now are seeing fentanyl-laced pills pressed to resemble candy only underscores the urgency of this fentanyl crisis.”
Surveillance during the investigation revealed that Garcia and Bejin would travel to the Broadway stash location on a daily basis and then bring quantities of suspected from the premises to supply lower-level dealers. One such location that appeared to be supplied from the main stash location was an address at 341 Western Avenue in Lynn, where Deiby Felix is alleged to reside. A search of 341 Western Avenue revealed more than three kilograms (6.6 pounds) of pressed pills containing methamphetamine and fentanyl, consistent with those found in the Broadway stash location and a firearm.
The charges of possession with intent to distribute controlled substances, and conspiracy to do the same, each provide for a sentence of a maximum penalty of 20 years in prison, three years of supervised release, and a fine of up to $250,000. A federal district court judge will determine any sentence after reviewing the U.S. Sentencing Guidelines and other statutory factors.
The FBI Boston Field Office investigated the case, with valuable assistance provided by the Essex County District Attorney’s Office, Massachusetts State Police, Massachusetts Attorney General’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Boston Division, IRS-Criminal Investigation in Boston, and the Chelsea, Lynnfield, Salem and Lynn Police Departments.
Assistant U.S. Attorney Philip A. Mallard of the Organized Crime & Gang Unit for the District of Massachusetts is prosecuting the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Finds Multiple Texas County Election Websites Inaccessible to People with DisabilitiesRead the Press Release
The Justice Department announced today its findings that four Texas counties violated Title II of the Americans with Disabilities Act (ADA) by maintaining election websites that discriminate against individuals with vision or manual disabilities.
In public letters issued to Colorado County, Runnels County, Smith County and Upton County, the department detailed its findings following its investigation and asked the counties to work with the Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern, Northern, Southern and Western Districts of Texas to resolve the identified civil rights violations.
“Voting is fundamental to American democracy,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “It is imperative that all eligible voters with disabilities across the country have the information they need to access the ballot and exercise their right to vote in state and federal elections.”
The election websites for these four Texas counties provide important information about how to vote, such as registration requirements, identification requirements and voting information for people with disabilities. The websites also link to other critical information, including details about early voting and voting on election day.
The department found that the websites are not accessible to individuals who are blind or have low vision, or who cannot grasp a mouse, and use screen readers, keyboards or other assistive technology. For example, on all four of the election websites, menus and links do not function properly for people who use a keyboard to navigate, and posted documents are inaccessible to people who use assistive technologies. Because the election websites are inaccessible, the counties deny people with vision and manual disabilities equal access to election programs and online services provided through these websites and fail to ensure effective communication with people with disabilities.
These four investigations are part of the department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. People with information about these findings are encouraged to contact the department via email at [email protected], through the Civil Rights Division’s Civil Rights Portal, available at www.civilrights.justice.gov/, or by calling 888-473-2780. To read more about the ADA and how it applies to voting, please visit www.ada.gov/topics/voting/.
Four States Join Justice Department’s Suit Against Agri Stats for Organizing and Managing Unlawful Information Exchanges Among Chicken, Pork, and Turkey ProcessorsRead the Press Release
Today, the Attorneys General of Minnesota, California, North Carolina and Tennessee joined a civil antitrust lawsuit filed by the Justice Department’s Antitrust Division against Agri Stats Inc. for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors. The Antitrust Division and the state Attorneys General filed an amended complaint in the District of Minnesota.
“We are pleased that our state law enforcement partners in Minnesota, California, North Carolina and Tennessee are joining our efforts to address these serious allegations,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “We look forward to working closely with state Attorneys General to litigate this important case, which affects food prices for consumers across the country.”
Anyone with information about collusion in agricultural industries, competitors sharing competitively sensitive information (including price or compensation information) or any other violations of antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or [email protected]. Information about anticompetitive practices in livestock and poultry markets can also be submitted to the USDA and Justice Department’s Agricultural Markets Enforcement Partnership at www.farmerfairness.gov.
View the filing here.
El Departamento de Justicia Halla que los Sitios Web Electorales de Cuatro Condados en Texas Son Inaccesibles para las Personas con DiscapacidadesRead the Press Release
El Departamento de Justicia anunció hoy sus hallazgos que cuatro condados en Texas, violaban el Título II de la Ley para Estadounidenses con Discapacidades de 1990 (ADA por sus siglas en inglés), manteniendo sitios web electorales que discriminan contra individuos con discapacidades manuales o visuales.
En cartas públicas dirigidas a los Condados de Colorado, Runnels, Smith, y Upton, el departamento detalló los resultados de su investigación y les solicitó trabajar junto a la División de Derechos Civiles y las Fiscalías Federales para las regiones del Este, Norte, Sur y Oeste de Texas con el objetivo de resolver las violaciones de derechos civiles identificadas.
“El derecho al voto es fundamental para la democracia estadounidense” dijo Fiscal General Auxiliar Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Es imperativo que todas las personas con discapacidades elegibles para votar en todo el país, tengan la información que necesitan para acceder a la papeleta y ejercer su derecho en elecciones estatales y federales.”
Los sitios web electorales de estos cuatro condados tejanos brindan información importante sobre cómo votar. Por ejemplo, cuáles son los requisitos para el registro y la identificación del volante, así como, cuál es la información que necesitan las personas con discapacidades para votar. Los sitios web también contienen enlaces a información crítica, incluidos detalles sobre votación temprana y la votación el día de las elecciones.
El departamento determinó que los sitios web no son accesibles para individuos ciegos o que tienen visión reducida, o para los que no pueden agarrar un ratón de computadora y usan lectores de pantalla, teclados, u otra tecnología de apoyo. Por ejemplo, en todos los cuatro sitios web electorales, los menús y enlaces no funcionan correctamente para las personas que usan un teclado para navegar, y los documentos publicados son inaccesibles para aquellos que usan dichas tecnologías de apoyo. Debido a la inaccesibilidad de los sitios web electorales, los condados están negando a las personas con discapacidades visuales y manuales igual acceso a los programas electorales y a los servicios en línea proveídos a través de estos sitios. De ese modo, no logran los sitios web electorales asegurar una comunicación efectiva con las personas con discapacidades.
Estas cuatro investigaciones son parte de la Iniciativa de Votación ADA, la cual se enfoca en proteger los derechos de voto de los individuos con discapacidades. Se recomienda a las personas que tengan información sobre estos hallazgos que se comuniquen con el departamento por el correo electrónico [email protected], a través del Portal de la División de Derechos Civiles disponible en: www.civilrights.justice.gov/, o por teléfono al 888-473-2780. Para conocer más sobre el ADA y cómo esta se aplica a la votación usted puede visitar el sitio web a www.ada.gov/topics/voting/.
Part-Owner of Internet Provider for U.S. Troops at Kandahar Airfield Pleads Guilty to Tax EvasionRead the Press Release
A U.S. businessman pleaded guilty today to evading his federal income taxes.
According to court documents and statements made in court, since 2007, Robert N. Dooner has lived outside the United States, intermittently in the United Arab Emirates (UAE) and Ibiza, Spain. Starting in approximately 2007, Dooner worked as a business associate of Individual-1, an American living abroad. Together with others, including Individual-1, Dooner formed a joint venture incorporated in the UAE to provide internet services to U.S. military personnel at Kandahar Airfield in Afghanistan. Individual-1 helped fund the joint venture with proceeds from Company-1 – a business providing commodities to the U.S. Department of Defense in Kyrgyzstan, Afghanistan and the Middle East.
For 2015 through 2019, Dooner evaded taxes owed to the IRS by underreporting to his tax preparer the profits he earned from his ownership interest in the joint venture, as well as other compensation he received through his work for Individual-1. Dooner diverted his distributions to UAE bank accounts in the name of a Dubai-based shell company and then tried to conceal the foreign bank account records when they were specifically requested by U.S. authorities. In total, Dooner concealed approximately $2 million he earned from 2015 through 2019, causing a tax loss to the IRS of more than $744,977.
Dooner is the fifth defendant associated with the defense contracting company to plead guilty. Charles Squires pleaded guilty to tax evasion in February 2022, James Robar pleaded guilty to tax evasion in March 2022, Ronald “Ron” Thomas pleaded guilty to tax evasion in April 2022 and Zachary “Zack” Friedman pleaded guilty to tax evasion in August 2022.
Dooner 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 Matthew M. Graves for the District of Columbia made the announcement.
IRS-Criminal Investigation and the Special Inspector General for Afghanistan Reconstruction are investigating the case. Assistance was provided by the Joint Chiefs of Global Tax Enforcement (J5), which brings together the taxing authorities of Australia, Canada, the Netherlands, the United Kingdom and the United States. The Tax Division and U.S. Attorney’s Office thank His Majesty’s Revenue and Customs of the United Kingdom for their extensive assistance in this matter.
Senior Litigation Counsel Nanette Davis and Trial Attorneys Sarah Ranney and Ezra Spiro of the Tax Division and Assistant U.S. Attorney Leslie Goemaat for the District of Columbia are prosecuting the case.
Maryland Tax Preparer Pleads Guilty to Filing False ReturnsRead the Press Release
A Maryland tax return preparer pleaded guilty today to preparing false tax returns.
According to court documents and statements made in court, from at least 2017 through 2022, Adis Smith, of Chula Vista, California, and formerly of Baltimore, prepared and filed false income tax returns for his clients in order to fraudulently lower the taxes they owed or to generate refunds from the IRS to which they were not entitled. Smith typically reported fictitious or inflated business losses and itemized deductions. To conceal his fraud from the IRS, Smith prepared and filed each client’s tax return as a “ghost preparer,” reporting it had been self-prepared by the client rather than by Smith. In total, Smith prepared over 1,000 false tax returns and caused a tax loss to the IRS of approximately $4,729,311.
Smith is scheduled to be sentenced on Feb. 2. He and faces a maximum penalty of three years in prison as well as 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 Attorneys Matthew Cofer and Sarah Ranney of the Tax Division and Assistant U.S. Attorney Sean Delaney for the District of Maryland are prosecuting the case.
Las Vegas Real Estate Developer Sentenced to One Year and a Day in Prison for Tax EvasionRead the Press Release
A Nevada man was sentenced today to one year and one day in prison for evading payment of his federal income taxes.
Scott H. Lawrence, of Las Vegas, pleaded guilty to tax evasion on July 26, 2022.
According to court documents and statements made in court, from approximately 2009 through 2019, Lawrence owned and operated Turn Two Inc. (Turn Two), a Nevada real estate company. In March 2010, the IRS levied Lawrence’s personal bank account in an attempt to satisfy an outstanding tax debt. After learning of the IRS levy, Lawrence began taking steps to thwart IRS collection efforts by, among other things, cashing large portions of his wife’s paycheck to keep the funds out of a bank account the IRS could levy. Beginning in 2011, Lawrence began depositing his wife’s entire paycheck and other earnings into a corporate bank account not subject to levy, held by Turn Two and used that account to pay most of his family’s personal living expenses.
Lawrence then directed his wife to create a new interior design business, D Lawrence Hospitality LLC (DLH), and to open a business bank account for DLH. Lawrence funneled much of his and his wife’s personal income through DLH to impede the IRS’s ability to collect the couple’s unpaid taxes. For years, Lawrence concealed the existence and personal use of DLH’s bank account from the IRS.
Lawrence also caused his attorney to send a materially misleading letter to the IRS and to pay his taxes using an intentionally overdrawn bank account.
In all, as a result of his evasive conduct, Lawrence prevented the IRS from collecting more than $1.9 million in federal income taxes.
In addition to the term of imprisonment, U.S. District Judge Anne R. Traum for the District of Nevada ordered Lawrence to serve two years of supervised release and to pay approximately $1,905,325 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jason M. Frierson for the District of Nevada made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorneys Patrick Burns and Boris Bourget of the Tax Division prosecuted the case.
Two Nigerian Nationals Sentenced to Prison for International Scheme That Defrauded Elderly U.S. VictimsRead the Press Release
Two Nigerian nationals who were extradited to the United States from Spain were sentenced to 128 and 87 months in prison for their roles in a transnational inheritance fraud scheme. With today’s sentencing, five defendants who were extradited from the United Kingdom and Spain in connection with this matter have been sentenced.
According to court documents, Ezennia Peter Neboh, 48, who was sentenced today to 128 months of incarceration, was the lead defendant of a group of fraudsters who sent personalized letters to elderly victims in the United States, falsely claiming that the sender was a representative of a bank in Spain and that the recipient was entitled to receive a multimillion-dollar inheritance left for the recipient by a family member who had died years before in Portugal. Victims were told that before they could receive their purported inheritance, they were required to send money for delivery fees and taxes and were instructed to make other payments. Victims sent money to the defendants through a complex web of U.S.-based former victims. The defendant and his co-conspirators also convinced former victims to receive money from new victims and then instructed those former victims to forward the fraud proceeds to others.
On Oct. 23, the Honorable Kathleen M. Williams sentenced another defendant who was also extradited from Spain, Kennedy Ikponmwosa, to 87 months of imprisonment. Three other co-defendants who were extradited from the United Kingdom also received prison sentences. On June 21, Judge Williams sentenced Emmanuel Samuel to 82 months in prison; on July 25, Judge Williams sentenced Jerry Chucks Ozor to 87 months in prison; and on August 29, Judge Williams sentenced Iheanyichukwu Jonathan Abraham to 90 months in prison, for their roles in the scheme.
“The Justice Department’s Consumer Protection Branch will continue to pursue, prosecute and bring to justice transnational criminals responsible for defrauding U.S. consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We thank our colleagues at the Spanish National Police and the Ministry of Justice for assisting with the successful investigation and extradition of these defendants. This prosecution is a testament to the critical role of transnational collaboration in tackling transnational crime.”
“The U.S. Postal Inspection Service (USPIS) has a long tradition of protecting American citizens from these types of schemes and bringing those responsible to justice,” said Inspector in Charge Juan A. Vargas for the USPIS Miami Division. “This result is a testament to the dedicated partnership between the Department of Justice’s Consumer Protection Branch, Homeland Security Investigations (HSI) and the USPIS to protect our citizens from these scams.”
“HSI has a long history of aggressively pursuing criminals to ensure that they are prosecuted to the fullest extent of the law,” said Special Agent in Charge Scott Brown for HSI Arizona. “When criminals indiscriminately target the elderly or otherwise vulnerable, the impact and harm is particularly long-lasting. These sentences send a message to those around the world who think they can escape our laws - anyone who engages in or facilitates deceptive practices like these will not go undetected. HSI will continue to work tirelessly to hold those criminals accountable and bring justice to victims.”
The Consumer Protection Branch, USPIS and HSI are investigating the case.
Senior Trial Attorney Phil Toomajian and Trial Attorneys Josh Rothman and Brianna Gardner of the Justice Department’s Consumer Protection Branch are prosecuting the case. The Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, Europol and authorities from the United Kingdom, Spain and Portugal all provided critical assistance.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish, and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.
Responsible Parties Reach Settlement for More Than $33 Million to Restore Natural Resources in Portland HarborRead the Press Release
The Justice Department lodged two proposed consent decrees yesterday in federal court among Tribal, state and federal natural resource trustees and over 20 potentially responsible parties (PRPs) at the Portland Harbor Superfund Site in Oregon. The agreements, with an estimated restoration value of approximately $33.2 million, require the PRPs to pay cash damages or purchase credits in projects to restore salmon and other natural resources that were lost due to contamination released from the responsible parties’ facilities into the Willamette River. This settlement includes more than $600,000 in damages for the public’s lost recreational use of the river, and restoration and monitoring of culturally significant plants and animals.
The settlement also includes additional funds to pay costs incurred by the Portland Harbor Natural Resource Trustee Council for assessing the harm to the injured natural resources. The Trustee Council is comprised of representatives from the Five Tribes, which includes the Confederated Tribes of the Grand Ronde Community of Oregon, Confederated Tribes of Siletz Indians, Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes of the Warm Springs Reservation of Oregon and the Nez Perce Tribe, along with representatives of the U.S. Department of the Interior (DOI), National Oceanic and Atmospheric Administration (NOAA) and State of Oregon.
“This settlement represents years of hard work by the Portland Harbor natural resource trustees and responsible parties who cooperated to restore the harm caused by those parties’ contamination,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The resulting restoration projects funded by these agreements will provide permanent ecological benefits to help restore the biodiversity of the Willamette River system.”
“The Confederated Tribes of the Grand Ronde Community of Oregon, Confederated Tribes of Siletz Indians, Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes of the Warm Springs Reservation of Oregon and the Nez Perce Tribe wholly support this settlement,” said the Five Tribes. “Contamination has uniquely affected tribal members because of their cultural use of and relationship with affected natural resources in and around the Portland Harbor Superfund Site. The Five Tribes believe the collaborative process of this settlement represents the best path forward for restoring Portland Harbor natural resources for the benefit of both current and future generations.”
“The trustees are very pleased that the responsible parties in this settlement have advanced restoration over litigation. The large-scale restoration projects facilitated by this settlement will help address the most important habitat needs of fish and wildlife injured by contamination in Portland Harbor,” said Director Curt Melcher of Oregon’s Department of Fish and Wildlife. “We will continue our settlement discussions with the remaining responsible parties who are participating in the early settlement initiative so we can achieve additional permanent restoration of natural resources. Partnering with restoration project developers has already produced on-the-ground restoration even prior to today’s settlement.”
The use of restoration credits in four natural resource projects that were developed in partnership with private developers is a novel and critical feature of the settlement. Restoration credits are like ecological “shares” in a restoration project, and the natural resource trustees decide how many “shares” each project is worth. Defendants in the settlement can purchase restoration credits from the restoration project developers instead of paying cash to resolve the ecological injury portion of their liability. Using this approach at Portland Harbor has produced on-the-ground restoration much sooner and at less cost than traditional cash-only settlements. Collectively, the restoration value in these projects is the largest natural resource credit bank at any Superfund Site in the country.
The four restoration projects selling restoration credits – Alder Creek, Harborton, Linnton Mill and Rinearson Natural Area – provide habitat for juvenile Chinook salmon listed under the Endangered Species Act and of tremendous cultural significance to the Five Tribes. The projects will also restore habitat for other fish and wildlife injured by contamination in Portland Harbor – like bald eagle, mink and lamprey – as well as Tribally significant native plants – like camas, wapato and sweetgrass. Construction is complete and habitat development is underway at all four projects, which are expected to provide ecological benefits in perpetuity, will be permanently protected from development and will receive long-term stewardship.
The agreements result from an early settlement collaboration between the natural resource trustees at the Portland Harbor Superfund Site and a group of PRPs who participated in that effort. Negotiations are continuing with other PRPs that also are participating in the trustees’ early settlement initiative. If the trustees reach agreements in those ongoing negotiations, it could include additional cash settlements or restoration credit purchases in the four restoration projects.
On behalf of the trustees on the Trustee Council, the Environment and Natural Resources Division’s Environmental Enforcement Section filed the complaint and lodged the proposed consent decrees in the U.S. District Court for the District of Oregon.
The proposed decrees resolve the natural resource damages allegations of the United States, Oregon and the Five Tribes for releases of contamination from the PRPs’ identified facilities. Alleged violations are in connection with Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act; the Oil Pollution Act and the Clean Water Act.
The settlement is subject to a 45-day public comment period and final court approval. It is available for viewing at www.justice.gov/enrd/consent-decrees. Please refer to the upcoming Federal Register notice for instructions on submitting any public comments on the settlement. Additional information is available on the Portland Harbor Natural Resource Trustee Council website at www.fws.gov/portlandharbor/news/two-consent-decrees-lodged.
Justice Department Announces New Nationwide Public Safety CommitmentsRead the Press Release
The Justice Department announced today several new commitments as part of its Comprehensive Strategy for Reducing Violent Crime. Instituted by Attorney General Merrick B. Garland in May 2021, the strategy focuses on harnessing federal resources, intelligence, and expertise as a force-multiplier with state, local, and Tribal law enforcement.
Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta highlighted the more than $334 million in critical grant funding to law enforcement agencies and stakeholders awarded today by the Office of Community Oriented Policing Services (COPS Office). The COPS grants announced today include funding to help law enforcement agencies hire over 1,730 new law enforcement officers across the country while also providing critical funding to support school safety and continue to advance community policing nationwide.
They also named the five new cities to join the more than 50 jurisdictions currently part of the Office of Justice Program (OJP)’s Bureau of Justice Assistance (BJA) National Public Safety Partnership (PSP), which has a proven track record of helping partner sites reduce crime, improve homicide clearance rates, and enhance the quality of life for community members. The 2024 PSP sites are: Knoxville, Tennessee; Minneapolis; Raleigh, North Carolina; San Antonio; and Vallejo, California.
Lastly, the Deputy Attorney General and Associate Attorney General announced that this Dec. 11-13, in Indianapolis, the Justice Department will bring together up to 1,500 local and federal partners from across the country, including representatives from the more than 50 PSP jurisdictions and from Project Safe Neighborhoods for a Violent Crime Reduction Summit hosted by OJP BJA.
“Law enforcement officers across the country are showing up every day to protect their communities in the face of unprecedented challenges,” said Attorney General Merrick B. Garland. “These grants, which support the hiring of more than 1700 new officers and make critical investments in school safety and crisis intervention efforts, will help provide local law enforcement agencies with the resources they need to keep their communities safe, support officers, and build public trust.”
“The latest data indicates progress on declining crime rates, but the Justice Department recognizes there is far more work to do so that all Americans can be free from violence,” said Deputy Attorney General Lisa O. Monaco. “Local communities know best what works, which is why the Justice Department has recently invested over $5.6 billion in community-driven safety initiatives. The grants and partnerships announced today build on past investments and further our pledge to work hand-in-hand with law enforcement and community partners to harness our resources, intelligence, and expertise to reduce violent crime.”
“I can’t emphasize enough how critical these grants are to urban, suburban, and rural communities across the country to address urgent public safety needs and increase police-community trust and collaboration,” said Associate Attorney General Vanita Gupta. “These grants provide vital investments for communities to hire highly qualified and diverse police officers, improve school safety, and strengthen police and community partnerships.”
Since its creation in 1994, the COPS Office has advanced community policing nationwide and provided grants to over 13,000 state, local, territorial, and Tribal law enforcement agencies to fund the hiring and redeployment of approximately 138,000 officers. Funding highlights from the grants announced today include:
- Nearly $217 million to 394 agencies through the COPS Hiring Program (CHP) for the hiring of 1,730 entry-level career law enforcement officers in an effort to create and preserve jobs and increase community policing capacity and crime prevention efforts.
- More than $73.6 million to 206 school districts, state, and local governments, and other public agencies through the COPS School Violence Prevention Program (SVPP) to improve security at schools and on school grounds.
- Approximately $43.6 million to support crisis intervention teams, de-escalation training, accreditation efforts, and innovative community policing strategies through the COPS Community Policing Development (CPD) program.
Complete lists of all program award recipients, including funding amounts, can be found here.
“For almost 30 years, the COPS Office has worked to reduce crime and increase trust between law enforcement and the community through the many different grant programs that we offer,” said Director Hugh T. Clements Jr. of the COPS Office. “The funding we are announcing today will go a long way toward advancing this very important work.”
These grant awards build on the $4.4 billion that the Justice Department’s OJP has already awarded in fiscal year 2023 to support state, local and tribal public safety and community justice activities. More than $1 billion of those funds are specifically designed to reduce crime and violence, and support law enforcement. An additional $109 million supports school violence prevention and research.
“Success in reducing violent crime comes from our ability to work together, partnering with law enforcement and communities, building broad coalitions that recognize and address how to promote public safety,” said Assistant Attorney General Amy L. Solomon. “The Office of Justice Programs is proud to offer robust support to jurisdictions to address violent crime in critical ways.”
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.
In Celebration of 2nd Anniversary, Justice Department’s Office for Access to Justice Publishes Report on Economic Justice Policies that Reduce Reliance on Fines and FeesRead the Press Release
Commemorating the 2nd anniversary of the reestablishment of the Office for Access to Justice (ATJ), the office today published Access to Justice Spotlight: Fines & Fees, a report that highlights the most common and innovative approaches taking place across the country to reduce reliance on criminal and civil fines and fees. When fines and fees are assessed without consideration of ability to pay, they can have a devastating impact on a person’s life. Individuals who are unable to pay court-assessed fines and fees can face snowballing financial penalties, extended justice-system involvement, suspended driver’s licenses and unnecessary incarceration.
Associate Attorney General Gupta tasked ATJ with preparing the spotlight report to expand upon the principles set forth in the department’s Dear Colleague Letter issued in April that cautioned against practices to assess fines and fees that may be unlawful, unfairly penalize individuals who are unable to pay or otherwise have a discriminatory effect.
The report is designed to serve as a resource for policymakers looking to decrease systemic reliance on fines and fees as a source of revenue and to redress the harms fines and fees can cause. It reviews 12 categories of promising practices jurisdictions are employing across the country, from eliminating certain categories of fees altogether, to implementing meaningful ability to pay determinations, regulating debt collection and discharging existing debt. The report also includes a section addressing specific approaches jurisdictions can take to reduce the unintended harms of juvenile fines and fees.
“In just two years, the Office for Access to Justice has demonstrated the importance of establishing a stand-alone office dedicated to the mission of access for all,” said Associate Attorney General Vanita Gupta. “The office has launched initiatives to expand access to legal assistance; promote access to justice for veterans, those in rural communities, individuals with disabilities, low-income communities, and those who have limited English proficiency; and to promote data, innovation and the integrity of legal systems.”
“Over the last two years, our office has worked expeditiously and strategically to onboard a talented professional team and to develop initiatives that promote access to justice for all,” said Director Rachel Rossi of ATJ. “This report demonstrates how collaboration with partners across the country and world can drive this mission forward, to ensure justice belongs to everyone, not only those with wealth or status.”
In crafting the report, ATJ conducted listening sessions and solicited feedback from dozens of organizations, policymakers, advocates, academics, law enforcement leaders and court leaders who are pursuing a more just approach to fines and fees. Access to Justice Spotlight: Fines and Fees is part of ATJ’s ongoing efforts to promote economic justice in civil and criminal legal systems. The mission of ATJ is to ensure access to the promises and protections of our civil and criminal legal systems for all communities, regardless of wealth or status. Since it was reestablished in October 2021, the office has launched a number of initiatives, including:
- Expanding language access by hiring the first department-wide Language Access Coordinator, reconvening the Justice Department’s Language Access Working Group, leading efforts to update the Justice Department’s Language Access Plan for the first time in over a decade, and launching a pilot Translation Initiative, that has supported more than two dozen DOJ offices and 14 United States Attorneys’ Offices by providing technical assistance in translating printed and digital content into over 30 languages;
- Supporting public defense by co-leading a review of access to counsel in Federal Bureau of Prisons (BOP) pretrial facilities at the direction of Deputy Attorney General Monaco that culminated in publication of the July 2023 Report and Recommendations Concerning Access to Counsel at the Federal Bureau of Prisons’ Pretrial Facilities, partnering with the National Institute of Justice (NIJ) to sponsor a report, Gideon at 60: a Snapshot of State Public Defense Systems and Paths to System Reform on public defense system models in state, local, and Tribal jurisdictions, and leading a nation-wide tour to commemorate the 60th anniversary of Gideon v. Wainwright, joined by Justice Department senior officials, to meet with public defense leaders and impacted communities across the country;
- Promoting successful reentry by leading six other federal agencies in the drafting and publication of the Reentry Coordination Council (RCC)’s Report, which sets forth recommendations to Congress to reduce barriers to successful reentry, and working with justice system impacted individuals to host a Reentry Simulation that allowed high level federal officials better understand the many complex barriers people face after being released from incarceration;
- Directing and staffing the work of the White House Legal Aid Interagency Roundtable (LAIR), including by publishing Access to Justice in the Age of COVID-19 (2021), and Access to Justice through Simplification, a Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language (2022), and by hosting annual principal convenings of LAIR’s 28 federal agency leaders;
- Modernizing the DOJ Pro Bono Program by staffing over 25 different Pro Bono clinics across the country, mobilizing federal attorney volunteers from over 50 participating federal agencies to take on representation in over 200 pro bono matters, and by modernizing and streamlining the Pro Bono Program through the launch of the DOJ Pro Bono Portal;
- Pursuing access to justice for rural and Tribal communities, Veterans and individuals with disabilities, including through partnering with the Department of Veterans Affairs (VA) to host listening sessions with legal aid providers who are assisting Veterans in the VA administrative process, launching a partnership with the Servicemembers and Veterans Initiative (SVI) and the Executive Office for U.S. Attorneys (EOUSA) to promote and share resources and host roundtables on federal Veterans Treatment Courts (VTC) and Veterans reentry programs with U.S. Attorneys, publishing Advancing Equal Access to Justice for Americans with Disabilities: Moving Towards Closing the Justice Gap on the 33rd Anniversary of the ADA; and engaging in a series of law school visits across the country to promote legal help in rural and Tribal communities;
- Assisting the U.S. with implementation of UN Sustainable Development Goal 16, including by participating in the 31st Session of the United Nations Commission on Crime Prevention and Criminal Justice and providing technical assistance during negotiations of the first-ever resolution on access to justice which was adopted by the Commission;
- Prioritizing people-centered justice and engagement by meeting with and learning from innovative leaders and community members in 24 states where access to justice solutions are being developed, hosting quarterly convenings with the nation-wide state Access to Justice Commissions, and hosting quarterly convenings with the public defense community.
Former Memphis Police Officer Pleads Guilty to Federal Civil Rights and Conspiracy Charges in Connection with Death of Tyre NicholsRead the Press Release
One of five former Memphis Police Department officers facing federal charges in the tragic killing of Tyre Nichols pled guilty in federal court today.
Desmond Mills Jr., 33, appeared before U.S. District Court Judge Mark S. Norris today and pled guilty to civil rights and conspiracy charges arising out of the Jan. 7 incident.
On Sept. 12, a federal grand jury returned a four-count indictment against Mills and co-defendants Emmitt Martin III, 31; Tadarrius Bean, 24; Demetrius Haley, 30; and Justin Smith, 28. The charges included using excessive force resulting in the death of Nichols; aiding and abetting each other in using that excessive force; failing to intervene to stop the excessive force; failing to render medical aid; and conspiring or taking action to cover up their misconduct.
The remaining four defendants still face a federal trial scheduled for May 6, 2024.
In today’s court appearance, Mills pled guilty to counts one and three of the indictment. Count one charged Mills with using excessive force and failing to intervene in the unlawful assault. Count three charged Mills with conspiring to cover up his use of unlawful force by omitting material information and by providing false and misleading information to his supervisor and to others.
Mills admitted to additional facts that were presented in court in connection with his plea agreement:
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Mills admitted to repeatedly and unjustifiably striking Nichols with a baton and to failing to intervene in other officers’ use of force against Nichols. Mills said he watched another officer repeatedly punch Nichols in the head while two other officers restrained Nichols.
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Mills admitted that he did not provide any medical aid to Nichols after the beating, though he knew that Nichols had a serious medical need. He did not alert MPD or Memphis Fire Department EMTs that Nichols had been struck in the head and body.
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In addition, Mills participated in conversations with other officers in which they discussed, using force against Nichols, hitting Nichols to make him fall, and believing they were on the verge of killing Nichols when they saw that Nichols did not fall from the blows.
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Mills admitted to making false statements in connection with the arrest of Nichols, including telling his supervisor that they had done “everything by the book” and providing false information in his statements to an MPD detective tasked with writing the incident report.
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Finally, Mills submitted an MPD report that provided a false account of the force used on Nichols, including a claim that Mills saw Nichols “aggressively resisting” officers. Instead of admitting that he had seen an officer repeatedly punch Nichols in the head while Nichols was restrained by two other officers, Mills reported only that “Nichols was eventually put into custody.”
Pursuant to the terms of Mills’s plea agreement, the government will recommend a sentence of no more than 15 years in prison. There is no parole in the federal system.
The four remaining defendants face federal charges as set forth in the indictment, which is merely a formal accusation of criminal conduct. The defendants are presumed innocent unless and until they are proven guilty beyond a reasonable doubt in a court of law.
Attorney General Merrick B. Garland, FBI Director Christopher Wray, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, and U.S. Attorney Kevin Ritz for the Western District of Tennessee made the announcement.
The FBI Memphis Field Office investigated this case.
Assistant U.S. Attorneys David Pritchard and Elizabeth Rogers for the Western District of Tennessee and Special Litigation Counsel Kathryn E. Gilbert and Deputy Chief Forrest Christian of the Justice Department’s Civil Rights Division are prosecuting the case.
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Attorney General Merrick B. Garland Statement on Guilty Verdict in Jury Trial of Sam Bankman-FriedRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland on today’s jury conviction in the trial of Sam Bankman-Fried:
“Sam Bankman-Fried thought that he was above the law. Today’s verdict proves he was wrong. This case should send a clear message to anyone who tries to hide their crimes behind a shiny new thing they claim no one else is smart enough to understand: the Justice Department will hold you accountable. I am grateful to the U.S. Attorney’s Office for the Southern District of New York and the FBI for their outstanding work in bringing Mr. Bankman-Fried to justice.”
Readout of the Justice Department Hosting the First Day of the 2023 International Counter Ransomware Initiative SummitRead the Press Release
Yesterday, the White House hosted representatives from nearly 50 countries for the first day of the third annual International Counter Ransomware Initiative Summit at the Justice Department. The Summit is the largest international partnership dedicated to disrupting the broader ecosystem that fuels ransomware attacks.
In his opening remarks kicking off the Summit, Attorney General Merrick B. Garland underscored the strength and successes of international partnerships in disrupting ransomware threats as well as mitigating broader cybersecurity risks. The Attorney General discussed the efforts of the Justice Department and its international partners to dismantle and disrupt an international ransomware network known as the “Hive,” responsible for extorting and attempting to extort hundreds of millions of dollars from victims in the United States and around the world. The Attorney General also noted that in the wake of the Oct. 7th attacks in Israel, he directed the Justice Department to offer assistance to Israeli investigators and law enforcement partners to help “identify, investigate, and disrupt financial flows and other material support to Hamas – including in the form of cryptocurrency.” The delegation from Israel was able to join the Summit virtually.
Deputy Attorney General Lisa O. Monaco discussed the Department’s support for its Israeli partners and all of the international partnerships showcased at the Summit, stressing that these cross-border relationships are some of the most powerful tools the Justice Department has to disrupt the ransomware ecosystem and prevent attacks before they happen. She highlighted how these partnerships have led to synchronized and coordinated international operations that have imposed serious costs and consequences for malicious ransomware actors. In the past year, these operations have included the takedown of two of the largest online criminal marketplaces – BreachForums and Genesis Market – within two weeks of each other as well as the dismantlement of several cryptocurrency mixers and exchanges responsible for the laundering of millions of dollars in ransomware proceeds.
The Summit continues through today, with members discussing areas for further coordination against increasingly sophisticated ransomware attacks.
Not Invisible Act Commission Transmits Recommendations to Federal Government to Address Missing and Murdered Indigenous Peoples and Human TraffickingRead the Press Release
The Not Invisible Act Commission (NIAC), a cross-jurisdictional advisory committee composed of law enforcement, Tribal leaders, federal partners, service providers, family members of missing and murdered individuals, and survivors, today transmitted its congressionally mandated recommendations to the Justice Department, Department of the Interior, and the U.S. Congress. Federal responses to the Commission’s recommendations are due within 90 days.
The Commission was created by the Not Invisible Act, sponsored by Secretary of the Interior Deb Haaland during her time in Congress. Its mandate was to develop recommendations on actions the federal government can take on six focused topics to help combat violent crime against Indigenous people and within Indian lands, and to address the epidemic of missing persons and the murder and trafficking of American Indian and Alaska Native peoples, as specified under the law.
“These recommendations will play an important role in our shared work to address the violence Tribal communities face,” said Attorney General Merrick B. Garland. “I am grateful to the Commissioners for approaching this critical and difficult work with the urgency and thoughtfulness it deserves. The Justice Department is committed to working with the Department of Interior, Congress, and our state, local, and Tribal partners to address the Commission’s recommendations and respond to the public safety challenges facing American Indians and Alaska Natives.”
“I am so grateful to the members of the Not Invisible Act Commission for the time and effort they have given to this work and this report over the past two years. Indian Country will be safer, and lives will be saved, because of this Commission’s work,” said Secretary Haaland. “Everyone deserves to feel safe in their community. Crimes against Indigenous peoples have long been underfunded and ignored, rooted in the deep history of intergenerational trauma that has affected our communities since colonization. I look forward to reviewing the recommendations, which will help us continue to galvanize attention and resources toward these tragic epidemics.”
The recommendations received today will help further the Biden-Harris Administration’s work to advance and invest in public safety in Indian Country.
At the 2021 White House Tribal Nations Summit, President Biden signed Executive Order 14053 on Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, which directed the Departments of Justice, the Interior, and Health and Human Services to work with Tribal Nations and partners to build safe and healthy Tribal communities and to support comprehensive law enforcement, prevention, intervention and support services. Last year, the President signed the Violence Against Women Act Reauthorization Act of 2022 into law, which built on advancements from previous reauthorizations, included new provisions to address the crisis of Missing or Murdered Indigenous Peoples (MMIP) across the country, and re-enforced Tribal sovereignty by providing means for Tribes to address the epidemic of violence within their lands and communities.
At the 2022 White House Tribal Nations Summit, the Interior Department’s Bureau of Indian Affairs (BIA) and the FBI announced an agreement to provide for the effective and efficient administration of criminal investigations in Indian Country. The agreement specified that the BIA Office of Justice Services (BIA-OJS) and the FBI would cooperate on investigations, share information and investigative reports, and establish written guidelines outlining jurisdiction and investigative roles and responsibilities. The agreement also requires that all BIA, FBI, and Tribal law enforcement officers receive training regarding trauma-informed, culturally responsive investigative approaches.
Secretary Haaland has traveled throughout the nation and internationally to highlight the need for coordination and collaboration on issues related to violence against Indigenous peoples. Within the first 100 days of the Biden-Harris Administration, Secretary Haaland created a new Missing and Murdered Unit within the BIA-OJS, which is providing leadership and direction for cross-departmental and interagency work involving missing and murdered Indigenous peoples. The NIAC’s recommendations will inform the Department’s efforts to evolve the MMU to address gaps within the BIA’s law enforcement program and across the federal government.
Last week, Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, and Associate Attorney General Vanita Gupta met with the Tribal Nations Leadership Council, including a Council member who serves as a Commissioner on the NIAC, and discussed a range of pressing issues impacting American Indian and Alaska Native people.
Attorney General Garland traveled to Alaska in August and visited Anchorage and the Village of Galena. Attorney General Garland met with Tribal leaders and representatives of Native Tribal organizations to discuss the public safety challenges that Alaska Native individuals and communities face and address the Justice Department’s continued efforts to work in partnership with Tribal communities to combat the MMIP crisis.
Secretary Haaland and Deputy Attorney General Monaco gave remarks at the first in-person plenary session of the Not Invisible Act Commission in February at the Department of the Interior in Washington, D.C.
In the past year, Associate Attorney General Gupta has held meetings with Tribal and Native leaders in Minnesota and Alaska. This month in Alaska, the Associate Attorney General spoke at the Alaska Federation of Natives annual convention and announced the launch of the Alaska Pilot Program, which empowers designated Tribes to exercise special Tribal criminal jurisdiction over non-Indians present in their Villages for certain crimes.
Since the establishment of the NIAC in 2020, the Justice Department has made strides in implementing systems aimed at preventing new instances of MMIP, locating individuals who are reported missing, and, where a crime has occurred, investigating and prosecuting those responsible. Earlier this summer, the Department launched a MMIP Regional Outreach Program. This program places attorneys and coordinators at U.S. Attorneys’ Offices across the United States to help prevent and respond to cases of missing or murdered Indigenous people.
Over the next 90 days, the Justice Department and the Department of the Interior will carefully consider the NIAC’s recommendations
Justice Department Leaders Join Maryland Attorney General to Announce Hate Crime GrantsRead the Press Release
Justice Department officials joined leaders and community partners from the state of Maryland on Monday to announce new federal investments aimed at combatting hate crimes across the country, as well as to highlight current national and local efforts addressing the devastating impact of hate crimes past and present. Maryland was chosen as a host site because the state has become a national model in addressing hate crimes. Associate Attorney General Vanita Gupta joined Assistant Attorney General Amy L. Solomon, Maryland Attorney General Anthony G. Brown and Acting Director Justin Lock of the Community Relations Service (CRS) in delivering opening remarks for the event.
Associate Attorney General Gupta announced $38 million in fiscal year 2023 DOJ funding will go to law enforcement and community programs and partners nationwide to help communities heal from hate crimes of the past, investigate and prosecute current cases and prevent future hate crimes.
“This is more than we have awarded in the last two years combined, which shows — in real dollars — our continued and increased commitment to this work,” said Associate Attorney General Gupta.
Assistant Attorney General Solomon echoed the Associate Attorney General’s emphasis of current national investments in hate crime prevention, and lauded the innovative work being done in Maryland, referencing the state’s “groundbreaking work … to root out hate and reconcile past wrongs that have left a legacy of pain in local communities.”
Acting Director Lock highlighted a growing partnership between hate crime grantees and the CRS, while Maryland Attorney General Brown spoke to the importance of federal funding in shaping the state’s approach to hate crime. Office of Justice Program (OJP) grants helped establish the Maryland Lynching Truth and Reconciliation Commission, the first body of its kind in the United States.
Opening speakers and the announcement of grant awards were followed by an expert panel discussion dedicated to addressing hate crimes. The panel was moderated by Director Karhlton F. Moore of the Bureau of Justice Assistance (BJA). Panel participants included Chief Zenita Wickham Hurley of the Office of Equity, Policy and Engagement, Maryland Office of the Attorney General; Director Dr. Nancy La Vigne of the National Institute of Justice (NIJ); Executive Director Renee Battle-Brooks of the Prince George’s County Office of Human Rights; Chair Dr. David Fakunle of the Maryland Lynching Truth and Reconciliation Commission Representing the National Great Blacks in Wax Museum; and Deputy Director Sarah Mersky Miicke of the Baltimore Jewish Council.
Deputy Associate Attorney General Saeed Mody provided closing remarks for the event, noting the rise in hate crimes in recent years, including the record number reported in 2022. He reinforced the department’s unwavering commitment to combating hate through federal law enforcement efforts and federal resources that support state and local community-based organizations and law enforcement agency partners.
The Office of Justice Programs 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.
Associate Attorney General Vanita Gupta delivers remarks at Reconciling the Past, Building the Future: Law Enforcement and Community Partnerships Against Hate Assistant Attorney General Amy Solomon delivers remarks at Reconciling the Past, Building the Future: Law Enforcement and Community Partnerships Against Hate BJA Director Moore (left) and NIJ Director La Vigne (second from right) sit on a panel at Reconciling the Past, Building the Future: Law Enforcement and Community Partnerships Against Hate Acting CRS Director Justin Lock delivers remarks at Reconciling the Past, Building the Future: Law Enforcement and Community Partnerships Against HateJustice Department Hosts Forum to Highlight Efforts to Unite Communities and Strengthen Partnerships with Law Enforcement to Combat HateRead the Press Release
The Justice Department’s Civil Rights Division hosted a virtual forum to highlight the successful launch of the United Against Hate (UAH) initiative in all 94 U.S. Attorneys’ Offices (USAOs) and discuss efforts to combat unlawful acts of hate. Today’s event coincides with the 25th anniversary of the tragic murders of James Byrd Jr. and Matthew Shepard and commemorates the 14th anniversary of the Shepard/Byrd Hate Crimes Prevention Act.
In September 2022, Attorney General Merrick B. Garland announced that every USAO within the next year would convene local forums that connect community groups to federal, state, and local law enforcement to build trust and increase the reporting of hate crimes. The USAOs have met that commitment by hosting more than 200 UAH programs for thousands of participants nationwide over this past year.
“As I see in my daily threat briefings, there has been a significant increase in the volume and frequency of threats against Jewish, Muslim, and Arab communities across our country,” said Attorney General Merrick B. Garland. “I recognize the fear, frustration, and isolation that many of you have felt over the past few weeks, and that you continue to feel as you join us here today. I want to reiterate a core principle of this Justice Department: no person and no community in this country should have to live in fear of hate-fueled violence. You are not alone. And the Justice Department is committed to building on our partnerships with all of you to combat illegal acts of hate.”
Assistant Attorney General for Civil Rights Kristen Clarke moderated a fireside chat with Houston Police Department Officer Jamie Byrd-Grant, who is the daughter of James Byrd Jr. During the conversation, Byrd-Grant discussed her decision to become a police officer after her father’s brutal murder, when she was just 16, as well as her current role in administering a Shepard-Byrd grant in Houston. Dennis and Judy Shepard, the parents of Matthew Shepard, provided recorded remarks about their foundation’s efforts to amplify Matthew’s story to inspire individuals, organizations, and families to embrace the dignity and equality of all people, and the importance of community members connecting with law enforcement to build relationships before a hate crime occurs.
“Make no mistake, hate-fueled violence is a stain on our nation’s history and has no place in our society today,” said Assistant Attorney General Clarke. “Through United Against Hate, we are building community resilience, strengthening relationships between community and law enforcement, and empowering communities with the tools necessary to eliminate hate root and branch. This moment demands vigilance and use of every tool at our disposal, including the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, to ensure that our communities, schools, workplaces, houses of worship, stores, and streets are safe spaces, free from threats and bias-driven violence.”
The forum also included a panel discussion featuring U.S. Attorneys Dena King for the Western District of North Carolina; Roger Handberg for the Middle District of Florida; Josh Hurwit for the District of Idaho; and Philip Sellinger for the District of New Jersey, who all highlighted their successful UAH programs that have strengthened connections between their communities and law enforcement.
Deputy Associate Attorney General Saeed Mody, who is the Department’s hate crime coordinator, gave remarks on the Department’s efforts to address the rise in hate, including awarding over $38 million to support the investigation and prosecution of hate crimes, increase hate crimes reporting, expand victim services, and improve community awareness.
Multiple advocates and survivors of hate crimes joined the forum to discuss the value of centering survivor stories in sparking dialogue and building relationships. This panel included U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania; Rabbi Hazzan Jeffery Myers of the Tree of Life Congregation; Co-Director Pardeep Kaleka of Not In Our Town; Executive Director Anisha Singh of the Sikh Coalition; and Senior Program Director Nadia Aziz of the Leadership Conference on Civil and Human Rights.
The forum concluded with reflections from civil rights organizations, including Maya Berry of the Arab American Institute; Damon Hewitt of the Lawyers’ Committee for Civil Rights Under Law; and Sheila Katz of the National Council of Jewish Women. During this conversation, these civil rights leaders discussed the impact of recent increases in hate crimes and hate incidents on their community stakeholders, the response of their organizations, often working together, and how to improve partnerships and address the needs of survivors and their communities.
In conjunction with today’s event, the Civil Rights Division released a document highlighting the reach of the UAH program in its first year and examples of the impact the program has already had in several districts throughout the country. These include participants’s reporting of hate crimes and hate incidents to USAOs; coordination on responding to threats to religious institutions; and sparking the creation of new community initiatives at local colleges.
Learn more about the Department’s work on hate crimes here.
Bucks County Man Pleads Guilty to “Ponzi” Schemes, Money Laundering, and Stealing over $6 Million in Federal Pandemic ReliefRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Stanislav Bril, 40, a/k/a “Stan Bril,” a/k/a “Slava Bril,” a resident of Jamison, Pennsylvania, entered a plea of guilty yesterday before United States District Court Judge Gene E.K. Pratter to three counts of mail fraud, 11 counts of wire fraud, five counts of bank fraud, and five counts of money laundering, all arising from Bril’s operation of two different Ponzi schemes, his false applications for bank loans, his defrauding of the Small Business Administration’s Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) program, and related conduct.
From October 2011 to August 2014, Bril operated a “Ponzi” scheme through his company, Mortgage Consultant Group (“MCG”), obtaining over $1 million from investors and using much of these funds for his own benefit and to perpetuate the scheme. Bril approached investors and persuaded them to make capital loan investments in MCG. In his marketing materials and his sales pitches to investors, Bril falsely claimed that these investments would enable MCG to make loans on real estate and construction projects or enable MCG to make short-term, high interest loans. Bril falsely promised that investors would obtain regular returns, or “interest,” on their capital loan investments in MCG. Rather than use investors’ funds as promised, Bril used the vast majority of the funds to pay himself, his family, and his personal expenses – including his gambling losses at casinos – and to perpetuate his scheme by occasionally making “interest” payments to some investors.
From October 2018 to June 2021, Bril fraudulently obtained a $750,000 line of credit from a bank headquartered in Scranton, Pennsylvania for another company he created, The Bril Group, Inc. (“TBG”). In order to secure the line of credit, Bril made false statements about TBG’s business, the number of TBG employees he was hiring, and the intended use of the line of credit. Once he obtained the line of credit, Bril caused those funds to be spent on unauthorized purchases and laundered a significant portion of those funds through various bank accounts.
From April 2020 to March 2021, Bril fraudulently obtained over $6.7 million from the Small Business Administration’s Economic Injury Disaster Loan (“EIDL”) and Paycheck Protection Programs (“PPP”) by making false statements about the number of employees of, the wages and payroll taxes paid by, and the intended use of the loan proceeds by several companies that Bril created. Bril falsely claimed that these companies – TBG, MCG LOAN, and SAB Services LLC (“SAB”) – had several hundred employees when in fact none of these companies had more than one employee. In his PPP and EIDL applications, Bril submitted allegedly historical tax forms with inflated payroll information for nonexistent employees that had never actually been filed. In addition, Bril falsely denied that there were criminal charges pending against him at the time of his applications. In fact, federal charges were already pending against Bril for his perpetration of the Ponzi scheme detailed above. Once he fraudulently obtained these funds, Bril wired them to other individuals, cryptocurrency platforms, and a title company towards a purchase of a Los Angeles condominium. Bril also laundered a significant portion of those funds through various bank accounts and transactions.
From July 2019 to at least August 2021, Bril revived MCG and used it to perpetrate yet another “Ponzi” scheme, obtaining millions of dollars in loans from several investors and using these funds for his own benefit and to perpetuate the scheme. Bril initially took short-term loans from investors and repaid investors with high interest rates to lull them into a false sense of security and to obtain larger loans from them. In his sales pitches to investors, Bril falsely claimed that their loans would enable MCG to make loans on real estate and construction projects and/or enable MCG to make short-term, high interest loans. However, Bril provided investors with few details of these purported projects and declined to identify his purported borrowers. Bril often encouraged investors to “rollover” their loans into new deals rather than take their payouts per their agreements with Bril. When investors asked Bril whether he had any claims, lawsuits, or legal proceedings filed against him, Bril falsely answered in the negative despite his knowledge that federal charges were already pending against him for his perpetration of the earlier Ponzi scheme. When Bril began missing the agreed repayments to investors, Bril provided bogus explanations for his theft of their loans, including that he was waiting for a wire to clear, that he waiting for a check to be mailed from his bank, that he was looking for a new bank, that his new bank was giving him a “hard time,” and that he was suffering from a variety of health emergencies and personal tragedies that were somehow preventing him from making timely paying to the investors. Rather than use investors’ funds as promised, Bril used the funds to pay himself, his family, and his personal expenses – including trading in digital currencies – and to perpetuate his schemes by occasionally making “interest” payments to some investors.
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant United States Attorneys Vineet Gauri and Matthew T. Newcomer.