District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Justice Department Issues Guidance on the Americans with Disabilities Act and Employment Services for People with DisabilitiesRead the Press Release
As we commemorate National Disability Employment Awareness Month, the Justice Department announced today that it has issued guidance to explain how the Americans with Disabilities Act (ADA)'s “integration mandate” applies to public employment and day services. The integration mandate requires state and local governments to provide services to people with disabilities in the most integrated setting appropriate.
Integrated employment services can help people with disabilities work in typical jobs where they can interact with non-disabled coworkers, customers and peers. Integrated day services allow people with disabilities to engage in community activities of their choosing — like social, educational, recreational or cultural activities — when they are not working. As the guidance describes, the ADA requires state and local governments to make their employment and day services available in the most integrated setting appropriate to each person’s needs.
Nationally, however, many people with disabilities spend most of their time receiving public services in segregated settings like sheltered workshops and facility-based day programs. Sheltered workshops are segregated facilities that primarily or exclusively employ people with disabilities. In facility-based day programs, people with disabilities participate in non-work activities with other people with disabilities. These settings separate individuals from the community and provide little or no opportunity to spend time with people without disabilities, other than paid staff.
“Simply put, people with disabilities are entitled to work alongside their friends, peers and neighbors without disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Employment is fundamental to contributing to and being fully included in society, This guidance makes clear that the ADA requires that people with disabilities have access to the integrated services they need to contribute, grow and advance in typical workplaces throughout the country.”
The Civil Rights Division has published this guidance to help state and local governments understand their nondiscrimination obligations and people with disabilities understand their rights under the federal law in this area. The guidance provides an overview of the ADA, the integration mandate and the types of employment and day services that are often offered to people with disabilities. It then answers nine questions about how the ADA applies to those service systems. For example, the guidance explains:
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The ADA’s integration mandate applies to public employment and day services.
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The most integrated employment setting under the ADA is the one that lets people with disabilities spend time with non-disabled people as much as possible.
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People with disabilities who receive services in segregated employment or day services settings should receive accurate information about integrated employment options.
The guidance may be found at www.ada.gov/resources/olmstead-employment-qa/. A Federal Register notice discussing the guidance will be forthcoming. To learn more about the ADA, call the toll-free ADA Information Line at 1-800-514-0301 or 1-833-610-1264 (TDD), or access the Justice Department’s ADA website at ada.gov.
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Former President of Asphalt Paving Company Pleads Guilty to Bid RiggingRead the Press Release
The former president of a Michigan-area asphalt paving company pleaded guilty yesterday for his role in a conspiracy to rig bids for asphalt paving services contracts in Michigan.
According to court documents filed in the U.S. District Court in Detroit, Daniel Israel, along with other individuals working for the company where Israel was formerly the president, conspired with another asphalt paving company and its employees to rig bids in each other’s favor. The conspiracy began at least as early as March 2013 and continued until at least as late as November 2018. Under the terms of the conspiracy, the co-conspirators coordinated each other’s bid prices so that the agreed-upon losing company would submit intentionally non-competitive bids. These bids gave customers the false impression of competition when, in fact, the co-conspirators already had decided among themselves who would win the contracts.
Israel pleaded guilty to one count of violating Section One of the Sherman Act. The maximum penalty for individuals who violate Section One of the Sherman Act is 10 years in prison and a $1 million criminal fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Israel is the third individual to plead guilty as a result of an ongoing federal antitrust investigation into bid rigging and other anticompetitive conduct in the asphalt paving services industry being conducted by the Antitrust Division’s Chicago Office and the Offices of Inspectors General for the Department of Transportation and U.S. Postal Service. Over a two week span in August, a company and two of its executives also pleaded guilty in this investigation.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
Justice Department Officials in Mexico Provide Capacity Building to Mexican Prosecutors to Counter Fentanyl Trafficking and Organized CrimeRead the Press Release
To further the Bicentennial Framework between the United States and Mexico, the U.S. Department of Justice’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT), with the support of the U.S. Embassy in Mexico City and the Department of State’s Bureau of International Narcotics and Law Enforcement Assistance (INL), organized consecutive workshops with Mexico’s Attorney General’s Office (FGR) prosecutors to improve binational coordination, investigations and prosecutions of fentanyl cases.
“We must do everything we can to stop violent cartels from manufacturing and trafficking fentanyl,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “These workshops with our FGR partners strengthen our abilities to target and hold accountable those who threaten the lives of our citizens through the deadly effects of fentanyl.”
During the week of October 23, in Tijuana, Mexico, OPDAT and INL, with the support of presenters from the U.S. Department of Justice’s Criminal Division, U.S. Drug Enforcement Administration, Federal Bureau of Investigation, U.S. Customs and Border Protection, Homeland Security Investigations, FGR, and the Mexican Federal Judiciary, strengthened the capabilities and skills of more than 100 Mexican federal prosecutors to investigate and prosecute fentanyl cases through two 2-day workshops.
Fentanyl Workshop Presenters and Representatives from DEA, FBI, CBP, HSI, DOJ, U.S. Embassy, Mexican Attorney General's Office, and Mexican Federal Judiciary.
The workshops highlighted and promoted good practices to investigate fentanyl trafficking networks, provided an understanding of global trafficking trends and the fentanyl criminal market worldwide, and explained how precursors from China arrive to the Americas and are eventually used to make fentanyl that is trafficked throughout the United States.
At the workshop, OPDAT Senior Resident Legal Advisor in Mexico René Valle, Justice Department Counselor for Narcotics and Transnational Organized Crime Arthur Wyatt, the Deputy Consul General of the U.S. Embassy in Tijuana William Swaney, and the FGR Delegate in Tijuana Victorino Porcayo Domínguez, provided opening remarks in which they emphasized the importance of binational coordination and collaboration to jointly combat fentanyl trafficking.
Justice Department representative provides opening remarks to FGR prosecutors.
This bilateral effort was coordinated to address fentanyl trafficking at the border of both countries and strengthen the justice system, all with the goal to ensure safe and prosperous communities.
Readout of the Tribal Nations Leadership Council MeetingRead the Press Release
The Justice Department hosted a two-day conference of the Tribal Nations Leadership Council (TNLC), where council members met with Attorney General Merrick B. Garland and officials from across the Department to discuss a range of pressing issues impacting American Indian and Alaska Native people.
On Wednesday, Oct. 25, the TNLC participated in a roundtable discussion with Attorney General Garland, Deputy Attorney General Lisa O. Monaco, and Associate Attorney General Vanita Gupta. Discussion topics included the Department’s prioritized efforts to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives, as well as the high rates of indigenous persons reported missing. Those efforts include the Department’s June 2023 creation of the Missing and Murdered Indigenous Persons (MMIP) Regional Outreach Program, which provides for placement of an MMIP Assistant U.S. Attorney (AUSA) and an MMIP Coordinator in five designated regions with Indian Country across the United States. Other topics raised included the need for additional law enforcement and other resources to address crime, substance abuse, and the needs of Native youth. Department officials also reflected on experiences and feedback gained during visits and consultations with Tribal leaders and communities this year, including in Minnesota, Oklahoma, and Alaska, where the Department announced its implementation plan for the Alaska Pilot Program. This program was enacted as part of the 2022 Violence Against Women Act Reauthorization and authorizes the Attorney General to designate Alaska Tribes to exercise special Tribal criminal jurisdiction over non-Indians within their Villages for certain crimes.
The TNLC also raised the need for increasing data sharing and cross-jurisdictional cooperation, with the potential for building on the success of the Tribal Access Program, and leveraging new MMIP resources. Earlier in the day, the TNLC met with officials from the Executive Office for U.S. Attorneys and the FBI’s Violent Crime Section and Indian Country Violent Crime Unit, among others, to discuss pressing public safety issues.
In addition, on Wednesday, the TNLC discussed civil litigation updates on issues of significant concern, such as Tribal water and natural resource rights and the Indian Child Welfare Act, with Solicitor General Elizabeth B. Prelogar, Assistant Attorney General Todd Kim of the Environment and Natural Resources Division, and Principal Deputy Assistant Attorney General Brian M. Boynton of the Civil Division. The TNLC discussed civil rights updates with Assistant Attorney General Kristen Clarke of the Civil Rights Division, and issues surrounding the 2022 Reauthorization of the Violence Against Women Act with the Director of the Office on Violence Against Women (OVW) Rosie Hidalgo.
On Thursday, Oct. 26, the TNLC had a breakfast with U.S. Attorneys, and a conversation with Alison Ramsdell, the U.S. Attorney for the District of South Dakota and Chair of the Attorney General’s Advisory Committee’s Subcommittee on Native American Issues. The TNLC also met with top officials from the Department’s grantmaking components: the Office of Justice Programs, the Office of Community Oriented Policing Services and OVW. The TNLC concluded with a meeting with Associate Attorney General Gupta focused on concrete steps related to the department’s Tribal grantmaking and civil litigation work.
Established by the Justice Department by charter in 2010, the TNLC is a group of Tribal leaders from around the country selected by Tribal governments from each region. The Council is charged with providing perspective on emergent and ongoing issues across Indian Country as well as providing feedback on Justice Department activities in support of Tribes in each region. In addition to establishing a mechanism for regular insight and accountability, the structure of the group honors the United States’ government-to-government relationship with Tribes.
The Department is grateful to the TNLC members who were able to attend this week’s meeting:
- Melanie Benjamin, Chief Executive, Mille Lacs Band of Ojibwe
- Frank Star Comes Out, President, Oglala Lakota Nation
- Buu Nygren, President, Navajo Nation
- Gloria Burns, Vice President, Ketchikan Indian Community
- W. Ron Allen, Chief Executive Officer, Jamestown S’Klallam Tribe
- Juana Majel Dixon, Councilwoman, Pauma-Yuima Band of Mission Indians
Readout of Office for Access to Justice Director Rachel Rossi’s Trip to AlaskaRead the Press Release
This week, Director Rachel Rossi of the Office for Access to Justice (ATJ) traveled to Anchorage and Bethel, Alaska, to engage access to justice stakeholders in the state and deliver keynote remarks at the launch event for Alaska Legal Services Corporation’s (ALSC) Community Justice Worker Resource Center.
Director Rossi and ATJ met with executives and staff from ALSC and the Alaska Native Tribal Health Consortium (ANTHC) in Anchorage. Director Rossi was briefed on ALSC’s Community Justice Worker Program, an innovative program designed to utilize trained, authorized community members to provide basic legal assistance in Alaska. At ANTHC, she met with leaders of the Distance Learning Initiative, which builds the curriculum used to remotely train community justice workers, and she toured the ANTHC campus to learn more about health and justice efforts faced by Alaska Natives and the role of health centers and medical-legal partnerships in increasing access to legal assistance.
Director Rossi also traveled to Bethel, the regional hub for the Yukon-Kuskokwim region. She visited Kuskokwim Consortium Library to hold a discussion with the library director to discuss the role of libraries in assisting and referring people to appropriate legal services.
Director Rossi visited the Bethel courthouse and met with the recently appointed Chief Public Defender for the state of Alaska, as well as staff from the Bethel Holistic Defense Project, to discuss the need for rural public defenders and civil legal aid attorneys, and recent ATJ events at law schools to encourage law students to build careers in rural communities.
To conclude her visit to Bethel, Director Rossi met with leaders and staff from the Association of Village Council Presidents (AVCP), a consortium of 56 Tribes in the Yukon-Kuskokwim region that provides social services, community development and advocacy. Director Rossi learned about the social service needs of ACVP communities and specific efforts by community justice workers at ACVP to provide legal services to individuals in need.
Concluding the trip in Anchorage, Director Rossi participated in a panel discussion on current issues in access to justice. In her remarks, Director Rossi highlighted recent office initiatives related to criminal justice, rural access to justice, innovative access to justice solutions and language access, among other topics.
Director Rossi also met with Alaska Supreme Court Justices to discuss Alaska Supreme Court’s efforts to support access to justice programs in Alaska, including the Community Justice Worker Program. She then met with the Alaska Federal Defender and met with community justice workers to hear about their efforts. Director Rossi also met with the President of the Alaska Federation of Natives to discuss current access to justice needs in Alaska Native communities.
On Wednesday evening, at the invitation of the Alaska Supreme Court, Director Rossi delivered keynote remarks at the launch event for the Community Justice Worker Resource Center at Alaska Pacific University. In her remarks, she highlighted the need for bold, creative solutions to the nation’s civil justice gap, like the Community Justice Worker Program. Read her full remarks here.
Director Rossi delivers keynote remarks during the launch of the Community Justice Worker Program at Alaska Pacific University. Director Rossi delivers keynote remarks during the launch of the Community Justice Worker Program at Alaska Pacific University. Alaska Legal Services Corporation Executive Director Nikole Nelson briefs Director Rossi and group on ALSC’s Community Justice Worker Program. Director Rossi and ATJ team meet with Alaska Supreme Court Justices. Pictured left to right, National Legal Aid & Defender Association Vice President of Civil Programs Radhika Singh, Alaska State Court Administrator Stacey Marz, Supreme Court Justice Jennifer Henderson, Supreme Court Justice Dario Borghesan, Office for Access to Justice Senior Counsel Charlie Gillig, Supreme Court Justice Susan Carney, Manilaaq Health Center Medical Director Bob Onders, Director Rachel Rossi, Alaska Director Rossi and the group meet with Kuskokwim Consortium Library Director, Theresa Quiner at the Yup’ik Museum, Library and Multipurpose Center in Bethel, AK. Pictured left to right, Alaska Legal Services Corporation Justice for All Coordinator Sarah Carver, Kuskokwim Consortium Library Director, Theresa Quiner, National Legal Aid & Defender Association Vice President of Civil Programs Radhika Singh, Office for Access to Justice Senior Counsel Charlie Gillig Director, Community Justice Worker Disaster Relief Grant Project Manager Izzy Williamson, American Bar Foundation Senior Program Officer Matthew Burnett, Alaska Legal Services Corporation Executive Director Nikole Nelson, Director Rachel Rossi and Alaska Legal Services Corporation Advocacy Director Leigh Dickey. Director Rossi and ATJ team meets with staff from the Association of Village Council Presidents. Director Rossi is joined by National Legal Aid & Defender Association Vice President of Civil Programs Radhika Singh, American Bar Foundation Senior Program Officer Matthew Burnett, Manilaaq Health Center Medical Director Bob Onders, and Alaska Court System Administrative Director Stacey Marz on a panel moderated by Alaska Legal Services Corporation Executive Director Nikole Nelson.Justice Department and City of Albuquerque Seek Partial Termination of Consent Decree Covering the Albuquerque Police DepartmentRead the Press Release
The Justice Department and the city of Albuquerque filed a joint motion today seeking court approval to terminate certain portions of the consent decree covering the Albuquerque Police Department (APD).
The joint motion is based on APD’s consistent progress towards achieving the goals of the consent decree. The independent monitor’s most recent report, from May 2023, concluded that APD had reached full compliance with 92% of the consent decree’s terms. In addition, APD is now monitoring its own compliance with some provisions, consistent with an agreement between the department and APD, which the parties previously filed with the court.
In light of APD’s continued improvement, as well as its demonstrated record of sustaining compliance with some requirements, the parties ask the court to terminate certain provisions of the consent decree with which APD has been in full compliance for at least two years and that APD has been self-assessing. The provisions cover: a multi-agency task force; specialized tactical units; specialized investigative units; the Field Training Evaluation Program; public information on civilian complaints; recruiting, selection and promotion; and officer assistance and support.
“Our filing with the court demonstrates that the Justice Department’s consent decree has been critical to driving real reform and moving the Albuquerque Police Department toward the goal of ensuring effective and constitutional policing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our filing makes clear the real progress that has been made in transforming aspects of the department’s policing over the last eight years. The Albuquerque Police Department has demonstrated its ability to independently sustain compliance with important requirements of the consent decree. The Justice Department will continue to support police and city leaders as they forge ahead with full compliance with the consent decree, and we will continue to stand with residents of the city. The residents of Albuquerque deserve fair and constitutional policing, and nothing less.”
“This move to partial termination is yet more evidence of the City of Albuquerque’s dogged pursuit of progress,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Work remains to be done, and the challenges facing us as a community are ever evolving. While we continue to work together to confront those challenges, we applaud the steady and unrelenting drive towards the type of policing that the people of Albuquerque deserve.”
APD has made substantial change in reaching compliance with provisions of the consent decree, including:
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APD has a clear and reliable process for conducting criminal investigations of critical incidents through the multi-agency task force;
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APD significantly professionalized its SWAT team and brought its operations in line with national standards;
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APD’s investigative units operate with clarity about their scope and mission;
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Through APD’s Field Training Evaluation Program, new officers receive reinforcement about APD’s values and expectations, helping to ensure that officers provide constitutional and effective policing from their first days on patrol;
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APD and Albuquerque’s civilian oversight agency widely distributes information about filing complaints about police officers, ensuring that people across the city can easily access and submit complaint forms, and that APD and civilian oversight are aware of the issues that people are having with police officers;
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The independent monitor has found that APD has set new standards in police recruiting, increasing interest in joining APD at a time when police departments across the country face challenges in recruiting; and
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APD’s Behavioral Sciences Section provides industry-standard behavioral health and wellness services to APD personnel and their families, often exceeding the requirements of the consent decree.
The District Court for the District of New Mexico entered the consent decree in June 2015. The decree, as well as information about the Civil Rights Division, are available on the Special Litigation Section Cases and Matters website. Additional information about implementation of the consent decree is also available on the U.S. Attorney’s Office website.
View the joint motion here.
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Attorney General Merrick B. Garland Statement on the Suspect in the Lewiston, Maine, Mass ShootingRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland on the suspect in the Lewiston, Maine, mass shooting:
“This evening, law enforcement recovered the body of Robert Card, the suspect in the horrific mass shooting in Lewiston on Wednesday evening. I want to thank our state and local law enforcement partners, along with the FBI, ATF, U.S. Marshals, and other federal agencies who have been working day and night to locate the shooter and keep the affected communities safe.
Although we are grateful that the suspect in this case no longer poses a threat, we know that nothing can bring back the lives he stole or undo the terror he inflicted.
The FBI will continue to provide victim support resources to those who have been devastated by this attack, and the entire Justice Department will provide ongoing support to our state and local law enforcement partners.
As I said yesterday, no community should have to endure these mass shootings which have become routine in our country.”
Man Sentenced for Bringing Explosive Device into Bethlehem-Area ERRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Brian James Kunsman, 46, of Philadelphia, Pennsylvania was sentenced to 77 months’ imprisonment and 3 years of supervised release by United States District Court Judge Jeffrey L. Schmehl, for possession of an unregistered destructive device.
In October of 2021, the defendant possessed a ‘pipe bomb’ inside the emergency room at St. Luke’s University Hospital in the Fountain Hill section of the City of Bethlehem. An attending nurse discovered that Kunsman had brought the homemade destructive device in his backpack while he was a patient at the emergency room. Following the discovery, the emergency department of the hospital was evacuated for a four-hour period and all incoming trauma patients had to be diverted to other local hospitals.
"Homemade explosive devices are a dangerous threat in any circumstance; prompting an evacuation in an emergency department where patients are receiving acute medical care is unconscionable," said U.S. Attorney Romero. We are grateful to our law enforcement partners for working quickly and efficiently to ensure the safety of everyone impacted by Kunsman's actions."
“The defendant engaged in incredibly reckless behavior, endangering the lives of the hospital staff, patients, and first responders,” said ATF Special Agent in Charge Eric DeGree. “We appreciate the support of the United States Attorney’s office and our state and local law enforcement partners throughout this investigation,”
The case was investigated by the Allentown Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Borough of Fountain Hill Police Department, the Allentown Bomb Squad, and the Lehigh County District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Kelly A. Lewis Fallenstein.
Man Convicted of $55M Fraud SchemeRead the Press Release
A federal jury in the Northern District of Texas convicted a medical marketer today for his role in a $55 million fraud conspiracy involving TRICARE, a federal program that provides health insurance benefits to active duty and retired service members and their families, and several other federal health care programs.
According to court documents and evidence presented at trial, Quintan Cockerell, 42, of Palos Verdes Estates, California, worked with others to create and market expensive compounded medications, which are medications intended to be custom-tailored to individual patient needs. However, instead of custom-tailoring these medications, a local pharmacy designed formulations to maximize TRICARE and other federal health care program reimbursements regardless of patient need or medical efficacy. Pharmacy owners and others paid illegal kickbacks to individuals like Cockerell, who recruited area doctors to write prescriptions for these expensive compounded medications, including by creating so-called investment opportunities so that doctors who wrote prescriptions to the pharmacy could profit from the pharmacy operations. Cockerell then spent the proceeds of the scheme on expensive vacations, trips on private jets, and a yacht charter.
The jury convicted Cockerell of one count of conspiracy to defraud the United States, one count of receiving unlawful kickbacks, and one count of money laundering. A sentencing date has not yet been set. He faces a maximum penalty of five years in prison for the count of conspiracy to defraud the United States, five years in prison on the kickback count, and 10 years in prison on the money laundering count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Special Agent in Charge Michael Mentavlos of the Defense Criminal Investigative Service (DCIS), Special Agent in Charge Jason Meadows of the Department of Health and Human Services Office of Inspector General (HHS-OIG) Dallas Regional Office, Special Agent in Charge Chad Yarbrough of the FBI Dallas Field Office, Special Agent in Charge Casey J. Howard of the Department of Labor Office of Inspector General (DOL-OIG) Central Regional Office, and Special Agent in Charge Kris Raper of the Department of Veterans Affairs Office of Inspector General (VA-OIG) South Central Field Office made the announcement.
The DCIS, HHS-OIG, FBI, DOL-OIG, and VA-OIG investigated the case.
Trial Attorney Jacqueline DerOvanesian and Assistant Chief Kate Payerle of the Criminal Division’s Fraud Section are prosecuting the case, with significant assistance from Assistant Chief Brynn Schiess and Trial Attorney Lee Hirsch.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Justice Department Announces Additional $251.1 Million in Grant Awards and Highlights Domestic Violence Awareness MonthRead the Press Release
The Justice Department joins survivors, victim service providers, advocates, and communities nationwide in recognizing October as National Domestic Violence Awareness Month (DVAM). It is a time to center the experiences and leadership of survivors; honor those who have lost their lives to domestic violence; express gratitude to the countless individuals dedicated to preventing and addressing domestic violence and supporting survivors; and raise awareness on the issues of domestic violence, dating violence, sexual assault, and stalking.
Data from the most recent National Intimate Partner and Sexual Violence Survey indicate that about 41% of women and 26% of men experience contact sexual violence, physical violence, and/or stalking by an intimate partner and report an intimate partner violence-related impact during their lifetime. Domestic violence rates are even higher for American Indian and Alaska Native populations, Black individuals, people of color, people with disabilities, and LGBTQI+ individuals.
Between Sept. 19th and 28th, and through authorization under the Violence Against Women Act (VAWA), the Department’s Office on Violence Against Women (OVW) awarded an additional 496 grants totaling $251,107,460 to bolster coordinated community responses aimed at bringing an end to domestic violence, as well as sexual assault, dating violence, and stalking. The grants will reach communities across the United States, including Tribal nations, historically marginalized communities, underserved communities, college and university campuses, rural towns, and more. The funding prioritizes increasing access to justice, bolstering survivor safety, holding perpetrators accountable, and offering training and technical support to professionals addressing these crimes.
“Domestic violence is a pervasive and devastating crime that demands urgency and coordinated action at all levels of law enforcement,” said Attorney General Merrick B. Garland. “As we recognize Domestic Violence Awareness Month, the Justice Department renews its commitment to building the capacity of our state, Tribal, and local partners to investigate and prosecute these crimes, pursue justice on behalf of survivors, and provide them with the support they need.”
“One of the central tenets of the Justice Department’s comprehensive strategy to reduce violent crime is that local communities know best what works in their neighborhoods,” said Deputy Attorney General Lisa O. Monaco. “That is why we are dedicated to supporting communities by providing the tools they need to investigate and prosecute all forms of violence, including domestic violence. These grants will help survivors seek justice and hold offenders accountable.”
“The most effective response to domestic violence is one led by survivors and their advocates,” said Associate Attorney General Vanita Gupta. “The grants announced today will help survivors access the resources and support they need, including from organizations familiar with their culture, language, and background, and will further the Justice Department’s goal of a national response to domestic violence that prioritizes survivors.”
“Every day, a vast network of dedicated individuals helps domestic violence survivors access multiple pathways to safety, justice, and healing,” said OVW Director Rosie Hidalgo. “OVW understands that there is no one-size-fits-all approach to addressing domestic violence. These funds will enable communities to increase capacity and strengthen a coordinated community approach to prevent and address violence in more comprehensive ways tailored to their communities. Together, with our grantees, we are building a future where individuals and families can live and thrive without the threat of intimate partner violence.”
Awards include:
- State and Territory Domestic Violence and Sexual Assault Coalitions Program: 84 grants totaling $18,052,754 will enhance the coordination between courts, child protective services agencies, advocates, law enforcement, and community programs to encourage trauma-informed, survivor-centered responses to domestic violence and sexual assault.
- Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program: 37 grants totaling $21,538,000 will promote coordinated community responses among law enforcement agencies, courts, victim service providers, and other system partners.
- Grants to Enhance Culturally Specific Services for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (Culturally Specific Program): 53 awards totaling $25,024,327 will help community-based organizations develop culturally relevant programs specific to American Indian and Alaska Native populations, Black, Asian-American, Native Hawaiian and Pacific Islander, Hispanic, and Tribal communities to support survivors.
- Sexual Assault Services Culturally Specific Program (SAS Culturally Specific Program): 18 awards totaling $6,915,000 will support communities in establishing or expanding culturally appropriate services that address the needs of sexual assault survivors from culturally specific communities.
- Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Assistance Program (Rural Program): 51 awards totaling $36,363,957 will support programs by local government, community-based organizations, and medical providers in rural areas to improve the safety of survivors.
- Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (Transitional Housing Program): 81 awards totaling $43,104,359 will support programs that provide six to 24 months of transitional housing or housing assistance to survivors of domestic violence, sexual assault, dating violence, and stalking.
- Grants to Prevent and Respond to Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Sex Trafficking Against Children and Youth Program (Consolidated Youth Program): 20 grants totaling $9,561,203 will support community-based efforts to develop or expand prevention, intervention, treatment, and response programs for children and youth impacted by these crimes.
- Grants to Engage Men and Boys as Allies in the Prevention of Violence Against Women and Girls Program (Engaging Men and Boys Program): 10 grants totaling $3,395,000 will support educational programming and community-based organizations that encourage men and boys to work with allies with women and girls to prevent crimes.
- Grants to Reduce Sexual Assault, Domestic Violence, Dating Violence, and Stalking on Campus Program (Campus Program): 40 grants totaling $15,634,184 will support colleges and universities to develop and strengthen effective security and investigation strategies for such crimes and to develop prevention education and awareness programs. In addition, OVW awarded 12 grants totaling $5,994,296 under the new Strengthening Culturally Specific Campus’ Approaches to Address Domestic Violence, Dating Violence, Sexual Assault, and Stalking Initiative for grants supporting new programs at Historically Black Colleges and Universities (HBCUs), Hispanic Serving Institutions (HSIs), and Tribal Colleges and Universities (TCUs).
- Training and Technical Assistance Initiative: 58 grants totaling $40,605,000 will support training and technical assistance programs to enhance the efforts of grant recipients to implement projects supported by OVW funds successfully. In addition, OVW awarded 25 grants totaling $21,778,800 under the Emerging Issues and Training and Technical Assistance Initiative to organizations exploring new issues in technical assistance projects that address the needs of OVW grantees.
- Research and Evaluation Initiative: Seven grants totaling $3,140,580 will support researcher-practitioner partnerships and a broad range of research and evaluation methods to generate more knowledge about effective strategies to combat domestic violence, dating violence, sexual assault, and stalking, and hold offenders accountable.
Organizations interested in applying for these and other grants are encouraged to visit the OVW website for more details and application guidelines.
Former Executive at Medicare Advantage Organization Charged for Multimillion-Dollar Medicare Fraud SchemeRead the Press Release
Update: On June 13, 2025, defendant Kenia Valle Boza was found not guilty by a federal jury in the Southern District of Florida.
The Justice Department today announced charges against a former executive at HealthSun Health Plans Inc. (HealthSun), a Medicare Advantage organization that operates Medicare Advantage plans in South Florida, for her role in a multimillion-dollar Medicare fraud scheme.
In addition, the Justice Department announced that it has declined prosecution of HealthSun after considering the factors set forth in the department’s Principles of Federal Prosecution of Business Organizations and the Criminal Division’s Corporate Enforcement and Voluntary Self-Disclosure Policy, including HealthSun’s prompt voluntary self-disclosure, cooperation, and remediation, as well as HealthSun’s agreement to repay the Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) approximately $53 million in overpayments.
According to court documents, Kenia Valle Boza, 39, of Miami, formerly the Director of Medicare Risk Adjustment Analytics at HealthSun, allegedly orchestrated a scheme to submit false and fraudulent information to CMS to increase the amount that HealthSun received for certain Medicare Advantage enrollees. CMS pays Medicare Advantage plans like those HealthSun operates based, in part, on the health condition of their enrollees. To increase the company’s profits and their own compensation, Valle and her co-conspirators are alleged to have knowingly submitted and caused the submission to CMS of false and fraudulent information about chronic ailments that Medicare beneficiaries in HealthSun’s plans did not actually have, and that non-health care providers, such as coders, added to patient health records.
For example, Valle and her co-conspirators allegedly entered and caused others to enter diagnoses into the medical records of beneficiaries enrolled in HealthSun’s plans based on diagnostic tests that were not a proper basis for diagnosing those conditions. In addition, Valle and her co-conspirators allegedly obtained the login credentials assigned to certain physicians to wrongfully access electronic medical records (EMR) as the physicians, and falsely and fraudulently entered chronic conditions directly into the medical records of beneficiaries. These diagnoses appeared to have been made and documented by the physicians when, in truth and fact, coders entered the conditions into beneficiaries’ medical records, often days or weeks after the physician saw the beneficiary. As a result of the scheme, Valle and her co-conspirators allegedly caused HealthSun to submit to CMS tens of thousands of false and fraudulent diagnosis codes, which resulted in CMS overpaying HealthSun millions of dollars.
Valle is charged with one count of conspiracy to commit health care fraud and wire fraud, two counts of wire fraud, and three counts of major fraud against the United States. If convicted, Valle faces a maximum penalty of 20 years in prison on the conspiracy count and on each wire fraud count, and a maximum penalty of 10 years in prison on each count of major fraud against the United States.
Acting Senior Counselor Brent Wible of the Justice Department’s Criminal Division, Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG), and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
HHS-OIG and the FBI Miami Field Office are investigating the case.
Assistant Chief John “Fritz” Scanlon and Trial Attorney Alexander Thor Pogozelski 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.
IndictmentAttorney General Merrick B. Garland Statement on Lewiston, Maine, Mass ShootingRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland on the mass shooting in Lewiston, Maine:
“I am heartbroken for those who have lost loved ones, for those who have been injured, and for the entire Lewiston community.
The FBI, ATF, and U.S. Marshals are on the ground to provide investigative support and victims assistance services to our law enforcement partners in Maine.
We stand ready to provide any support that our state and local partners need.
No community should have to endure the horrific mass shootings that have become routine in our country.”
Pharmacist and Clinic Owner Sentenced for $6M Pill Mill SchemeRead the Press Release
A Houston pharmacist and clinic owner were sentenced today for their roles in a pill mill scheme.
Sokari “Momma” Bobmanuel, 63, was sentenced to 14 years in prison following her conviction at trial for conspiracy to unlawfully distribute and dispense controlled substances. Alantha Stewart, 42, was sentenced to 10 years in prison following her guilty plea to conspiracy to unlawfully distribute and dispense controlled substances.
According to court documents, from May 2018 to August 2019, Bobmanuel was the owner and pharmacist-in-charge of Cornerstone Rx Pharmacy (Cornerstone), which illegally distributed nearly 160,000 opioid pills, including oxycodone and hydrocodone, often based on prescriptions issued by co-conspirator Jonathan Rosenfield, M.D., and others from Sunnyside Medical, which consisted of two Houston-area pill-mill clinics. Bobmanuel, through Cornerstone, distributed controlled substances outside the scope of professional practice, and without a legitimate medical purpose, to individuals who brought prescriptions in the names of other people. These individuals then sold the pills they bought from Cornerstone on the illegal market. Bobmanuel charged exorbitant prices for the pills – often $1,200 for a single oxycodone prescription – generating over $1 million from the scheme.
Stewart, who co-owned and co-operated the Sunnyside Medical pill-mill clinics, doing business as Sunnyside #1 and Sunnyside #2, and her co-conspirators issued prescriptions for opioids, including approximately 752,000 pills of oxycodone and 419,000 pills of hydrocodone, under co-owner and co-conspirator Rosenfield’s name, outside the usual course of professional practice, and not for a legitimate medical purpose. The prescriptions often were issued to individuals paid by drug dealers to pose as patients, and the pills ultimately were diverted to the illegal market. From May 2018 to August 2019, the Sunnyside Medical clinics made approximately $5.4 million from the sale of the prescriptions of these drugs.
Co-defendants Rosenfield and Elmer Taylor pleaded guilty to conspiracy and are scheduled to be sentenced on Nov. 15.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Administrator Anne Milgram of the Drug Enforcement Administration (DEA), Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Acting Special Agent in Charge David Martinez of the FBI Houston Field Office made the announcement.
The DEA Houston Division and FBI Houston Field Office investigated the case.
Trial Attorneys Monica Cooper, Ariel Glasner, and Courtney Chester of the Criminal Division’s Fraud Section and Emily Petro, formerly of the Fraud Section and currently an Assistant U.S. Attorney of the Middle District of Tennessee, prosecuted the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24.7 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General of the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Georgia Man Charged for Making Racially-Motivated Threats and Shooting at His Black NeighborRead the Press Release
A Georgia man was arrested for making racially-motivated threats and shooting at his neighbor, a Black man, in violation of the criminal provision of the Fair Housing Act, and for brandishing and using a firearm.
According to court documents, Mark Wheeler, 73, shot a .22 caliber revolver in the direction of the victim and the victim’s dwelling while yelling racial slurs.
If convicted, Wheeler faces a maximum penalty of 10 years in prison and a $250,000 fine for both the civil rights and firearm charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Peter Leary for the Middle District of Georgia and Special Agent in Charge Keri Farley of the FBI Atlanta Field Office made the announcement.
The FBI Atlanta Field Office is investigating the case.
Assistant U.S. Attorneys Daniel Peach and Sonja Profit for the Middle District of Georgia and Trial Attorney Anita Channapati of the Civil Rights Division’s Criminal 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.
View the indictment here.
Halifax County Man Convicted on Federal Drug ChargesRead the Press Release
ELIZABETH CITY, N.C. – A federal jury convicted a Halifax County man last week on a charge of distribution of 5 grams or more of methamphetamine.
According to court records and evidence presented at trial, Taj’ma De’yong Ussery, also known as “Pop Off,” age 25, distributed 5 grams or more of methamphetamine, a Schedule II controlled substance on December 21, 2022. The sale was a hand-to-hand transaction with a confidential informant.
The offense was the result of a drug investigation conducted by the Halifax County Sheriff’s Office Narcotics unit which utilized a confidential informant to make a controlled purchase of methamphetamine from Ussery. Ussery was identified as a regular dealer of fentanyl and methamphetamine in the community who worked within a network of others to distribute these dangerous drugs throughout Halifax County. This indictment resulted as part of a larger effort to combat dangerous drugs and gang-related violence in Halifax County North Carolina and was the result of coordination between the Halifax County Sheriff’s Office, the Drug Enforcement Administration, and the United States Attorney’s Office.
“Drug traffickers are pushing high-purity meth and fentanyl, driving addiction and overdoses in some of North Carolina’s most vulnerable communities,” said U.S. Attorney Michael Easley. “We are partnering with law enforcement in all corners of Eastern North Carolina to dismantle dangerous drug organizations. The Halifax County Sheriff’s Office should be commended for their work and their commitment to keeping their community safe.”
“I want to thank our dedicated drug agents along with the U.S. Attorney’s Office for their great job,” said Halifax County Sheriff Tyree Davis. “The Halifax County Sheriff’s Office will not tolerate people terrorizing our county or taking actions that cause citizens to live in fear. We will continue to work together with local, state, and federal partners to keep our community safe.”
Ussery faces a mandatory minimum of 5 years and up to 40 years in prison when sentenced in January 2024.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Terrence W. Boyle accepted the verdict. Halifax County Sheriff’s Office and the Drug Enforcement Administration investigated the case and Assistant U.S. Attorneys Ashley Foxx and Phil Aubart prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:23-cr-00034-BO-RJ-1.
Baltimore-Area Man Sentenced to 15 Months in Prison After Pleading Guilty to Tax Evasion and Drug ConspiracyRead the Press Release
A Maryland man was sentenced yesterday to 15 months in prison followed by two years of supervised release after pleading guilty to tax evasion and conspiracy to import, transport and sell drug paraphernalia. Sean Weston, of Windsor Mill, was also ordered to make restitution to the United States.
According to court documents and statements made in court, from January 2015 through at least July 2019, Weston operated the Northwest Variety Store in Baltimore, where he sold empty gel capsules, colored plastic tops, dust masks, metal strainers, electric weighing scales, razor blades and mannite and quinine, which are used as cutting agents in illicit drugs. Weston admitted that he purchased from China hundreds of kilograms of quinine, a prescription medication for the treatment of uncomplicated malaria. Importing quinine for any other use is illegal. Weston concealed his purchases by requesting his foreign supplier label the quinine something else, such as “beta glucan.”
For tax years 2016 through 2018, Weston did not file federal income tax returns with the IRS. In addition to owning the Northwest Variety Store – which had significant profits during that time – Weston was on the payroll of a water treatment facility. To conceal his income from the IRS, Weston dealt substantially in cash. For example, from 2016 through 2018, Weston paid $29,835 in cash for the monthly rent of the Northwest Variety Store and deposited $352,026 in cash into two personal bank accounts.
In 2016, Weston made a $25,000 cash down payment for the purchase of a 2013 Bentley Continental GT – worth approximately $117,000 – and signed a credit application stating that his annual income was $180,000. In May 2017, Weston made a $15,000 cash down payment on the lease of a 2014 Bentley Flying Spur, worth more than $139,000. To obtain the lease, Weston had an individual prepare his tax return for 2016 that reflected a purported gross income of $358,984. Weston submitted the return to the car dealership but did not file it with the IRS.
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 and the Drug Enforcement Administration are investigating the case as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), with the assistance from the Baltimore Police Department.
Senior Litigation Counsel John Sullivan of the Tax Division and Assistant U.S. Attorney Kenneth S. Clark for the District of Maryland are prosecuting the case.
Readout of Associate Attorney General Vanita Gupta’s Trip to Alaska to Meet with Tribal Leaders and Speak at the Alaska Federation of Natives 2023 Annual ConventionRead the Press Release
From Tuesday, Oct. 17 through Friday, Oct. 20, Associate Attorney General Vanita Gupta traveled to Alaska to speak at the Alaska Federation of Natives’ annual convention, meet with Alaska Native and local partners, and reaffirm the Justice Department’s commitment to promoting Tribal sovereignty and to keeping all Alaskans safe. The Associate Attorney General was joined on the trip by Director Tracy Toulou of the Office of Tribal Justice and Director Rosemarie Hidalgo of the Office on Violence Against Women, as well as by U.S. Attorney Lane Tucker for the District of Alaska. The Associate Attorney General’s travel to Alaska continues a series of meetings with Tribal governments and follows recent remarks at the Justice Department’s 18th Annual Government-to-Government Violence Against Women Tribal Consultation. It also follows an August visit to Alaska by the Attorney General and is part of the Justice Department’s continued efforts to engage with American Indian and Alaska Native leaders.
Outlining Justice Department Commitments to Support Tribal Jurisdiction and Safety: Alaska Federation of Natives 2023 Annual Convention
In remarks to the 2023 Annual Convention of the Alaska Federation of Natives, the Associate Attorney General announced the launch of the Justice Department’s Alaska Pilot Program, along with other Justice Department initiatives, litigation, and grants to support Tribal sovereignty and keep all Alaskans safe.
The 2022 Reauthorization of the Violence Against Women Act (VAWA 2022) provides a path for Alaska Tribes to exercise special Tribal criminal jurisdiction over non-Indians who commit certain crimes, including crimes of sexual or domestic violence, in Native Villages. Through the Alaska Pilot Program, the Justice Department will provide Tribes with guidance and resources to consider exercising this jurisdiction. The Associate Attorney General also announced that the Justice Department’s Office of Tribal Justice is releasing a memorandum confirming Tribes’ inherent civil and criminal jurisdiction over Natives present in their Villages.
The Associate Attorney General also unveiled nearly $97 million in new Coordinated Tribal Assistance Solicitation (CTAS) grant funding for American Indian and Alaska Native communities. These grant awards will help enhance Tribal justice systems and strengthen law enforcement responses, improve the handling of child abuse cases, combat domestic and sexual violence, support Tribal youth programs, and fund an array of services for American Indian and Alaska Native crime victims. The awards are part of the Justice Department’s commitment to providing funding to advance public safety in rural Alaska, as well as to ensuring that the Department’s grant resources are as accessible as possible to Tribes and Native organizations. The Associate Attorney General also outlined ongoing efforts by the Justice Department’s grantmaking offices to engage directly with Alaska Native communities and make grant and technical assistance resources more accessible.
In addition to these announcements, the Associate Attorney General reaffirmed the Justice Department’s commitment to supporting Tribal sovereignty and Tribal issues through litigation, including in the Department’s successful defense of the Indian Child Welfare Act at the Supreme Court, and in ongoing litigation against the State of Alaska to protect subsistence resources from depletion.
Meetings with Tribal and Community Leaders, Public Safety Officials, and Advocates in Nome, Alaska
The Associate Attorney General began her trip by traveling to Nome to meet with leaders from local Tribal nonprofit Kawerak, Inc., which represents the 20 Tribes in the Bering Strait Region; the City of Nome; and surrounding Tribal Villages.
The Associate Attorney General met with Kawerak’s leadership, discussed the organization’s work to enhance Tribal justice systems, heard about the region’s subsistence-use needs, and learned about Kawerak and other organizations’ work to support survivors of domestic violence and sexual abuse. The Associate Attorney General also toured Kawerak’s child advocacy center, which provides resources for minors who are victims of physical or sexual abuse. Kawerak receives grant funding from the Justice Department for its work to prevent and respond to domestic and sexual violence in Alaska Native communities throughout the Bering Strait Region.
The Associate Attorney General also met with officials from the Nome region’s Tribal governments and Tribal associations. She heard from a representative of the Village of Solomon about the importance of addressing the crisis of Missing and Murdered Indigenous People (MMIP). And she spoke with a Village Public Safety Officer from the Village of Shishmaref about the unique challenges of ensuring public safety in rural Alaska. Finally, the Associate Attorney General visited Norton Sound Regional Hospital and met with the supervisor of the hospital’s sexual assault medical forensic examination program. Norton Sound receives Justice Department funding to partner with other members of the Bering Strait Sexual Assault Response Team to increase access to forensic exams for sexual assault survivors in the region’s remote Villages.
In addition, the Associate Attorney General met with leadership in the City of Nome, including the police chief and city manager, as well as the superintendent of the Anvil Mountain Correctional Center, a local facility. The Associate Attorney General engaged with these officials about the importance of recruiting and retaining police officers and other public-safety officials, as well as the need to ensure reentry services for the correctional facility’s incarcerated population.
Meetings with Justice Department Officials, Native Leaders, and Local Legal Community in Anchorage, Alaska
On Thursday, Oct. 19, the Associate Attorney General spent time in Anchorage visiting with the U.S. Attorney’s Office leadership, attorneys, and staff. During her visit, the Associate Attorney General was briefed on civil and criminal issues arising in Alaska. She also participated in a fireside chat with U.S. Attorney Tucker at an event hosted by the Federal Bar Association’s Alaska chapter.
In addition, Associate Attorney General Gupta met with leaders of the Alaska Court System’s Eviction Diversion Program, which is employing strategies to avoid contested landlord-tenant litigation. The program was established with a grant through the National Center for State Courts, which followed a letter that the Associate Attorney General sent to state court administrators in June 2021 encouraging them to consider novel solutions “that can help families avoid the disruption and damage that evictions cause.”
Associate Attorney General Gupta also attended the second meeting of the Alaska Tribal Public Safety Advisory Committee. Created by VAWA 2022, the Advisory Committee includes representatives from Alaska Tribes, federal, Tribal, State, and local law enforcement, and Tribal nonprofit organizations. The Associate Attorney General delivered remarks recognizing the region’s public-safety challenges and expressing the Justice Department’s commitment to partnering with Tribes and Native groups.
On Friday, Oct. 20, the Associate Attorney General held additional meetings with Native leaders, including with representatives from the Association of Village Council Presidents, a nonprofit Tribal consortium supporting the 56 Tribes of the Yukon-Kuskokwim Delta, and the Alaska Native Justice Center, which recently received a Justice Department grant to provide technical assistance to Tribes seeking to exercise the special Tribal criminal jurisdiction authorized in VAWA 2022. The Associate Attorney General also met with family members of Alaska Natives who were victims of the MMIP crisis and who died in state custody.
Associate Attorney General Gupta addresses the Alaska Federation of Natives Annual Convention. Justice Department officials meet with the supervisor of the Norton Sound Regional Hospital’s sexual assault medical forensic examination program. Associate Attorney General Gupta meets with attorneys and staff of the U.S. Attorney’s Office for the District of Alaska. The Associate Attorney General is briefed by U.S. Attorney Lane Tucker (left) and First Assistant U.S. Attorney Kate Vogel (right) on issues affecting Alaska Native communities. Associate Attorney General (right) and U.S. Attorney Tucker speak at the Alaska Tribal Public Safety Advisory Committee. Associate Attorney General Gupta, U.S. Attorney Tucker, and OTJ Director Toulou (far right) meet with leaders and advocates from the Association of Village Council Presidents and the Alaska Native Justice Center.Justice Department Celebrates the 20th Anniversary of Federal Government Pro Bono WeekRead the Press Release
To kick off Federal Government Pro Bono Week 2023, Deputy Attorney General Lisa O. Monaco joined Justice Department employees at the D.C. Bar Pro Bono Center Advice & Referral Clinic at Bread for the City on Saturday, Oct. 21. At the clinic, she announced the launch of the DOJ Pro Bono Portal, a new initiative to expand the DOJ Pro Bono Program, led by the Office for Access to Justice (ATJ). Deputy Attorney General Monaco announced the access to an online platform that will deliver screened pro bono opportunities directly to every Justice Department attorney. Deputy Attorney General Monaco and ATJ Director Rachel Rossi thanked the Department attorneys and other volunteers who donated their time and experience to provide pro bono service to the Washington, D.C., community.
“In 1996, Attorney General Janet Reno established the DOJ’s pro bono policy and in so doing strengthened our communities by expanding access to justice,” said Deputy Attorney General Monaco. “All attorneys bear a unique responsibility to use their expertise, skills, and training in service for those most in need. As we modernize and expand access to the DOJ’s Pro Bono Program, the Department strengthens its commitment to what Attorney General Reno started. Engaging in pro bono work and serving the communities around us are in the best tradition of this Department.”
ATJ houses the DOJ Pro Bono Program, which connects Justice Department employees with pro bono opportunities, and leads the Federal Government Pro Bono Program, which facilitates pro bono engagement by all federal attorneys government-wide. The DOJ Pro Bono Portal is an innovative approach to encouraging pro bono engagement that will make it easier for Department attorneys to participate in volunteer legal services in their individual capacities, by providing quick and simple access to pro bono opportunities. The platform will include opportunities which do not pose conflicts of interest for Justice Department attorneys and will include guidance about the rules governing their involvement.
“Our laws are only as meaningful as the ability of communities to access their promises, and too many people cannot do so because they don’t have legal help,” said ATJ Director Rossi. “This new resource will allow us to more broadly mobilize the federal government attorney workforce to engage in pro bono assistance and stand in the justice gap.”
“For over two decades, the Federal Government Pro Bono Program has connected federal government lawyers to pro bono opportunities,” said Chair Laura Klein of the Federal Government Pro Bono Program. “For the first time, through the DOJ Pro Bono Portal, DOJ attorneys will be able to easily access these opportunities through the click of a mouse, modernizing the Program, promoting greater volunteerism, and expanding help for those with critical legal needs.”
The Deputy Attorney General’s announcement of the DOJ Pro Bono Portal coincides with the 20th anniversary of Federal Government Pro Bono Week, an annual celebration and promotion of pro bono work by federal government attorneys and legal staff. Over 50 federal agencies participate in the Federal Government Pro Bono Program, working together to bring the talent and skills of their attorneys to Americans who cannot afford to pay for legal assistance. The theme of this year’s Government Pro Bono Week is Expanding Access to Pro Bono and features a keynote address by Legal Services Corporation President Ronald Flagg, opportunities to volunteer in legal clinics around the country, and panel presentations highlighting pro bono opportunities for federal legal staff and ways that attorneys can provide legal assistance to victims of disasters.
Officially started in 1996, the Federal Government Pro Bono Program currently has branches in eight cities: Washington, D.C., Chicago, New York City, San Francisco, Denver, Dallas, Los Angeles, and Atlanta. Federal government volunteers provide legal assistance on issues such as housing, family law, domestic violence, estate planning, and employment law.
The Deputy Attorney General addresses volunteers. Photo credited to the DC Bar Pro Bono Center. The Deputy Attorney General talks with DOJ employees volunteering their time. Photo credited to the DC Bar Pro Bono Center. The Deputy Attorney General and Director Rossi talk with DOJ employees volunteering their time.Readout of Assistant Attorney General Todd Kim’s Address to Tribal SummitRead the Press Release
The Justice Department’s Environment and Natural Resources Division (ENRD), Office of Environmental Justice and Office of Tribal Justice convened a Federal/Tribal Regional Summit in Albuquerque, New Mexico, this week. The event was hosted by the Bureau of Indian Affairs (BIA). Summit participants also included representatives from the FBI, the Department of the Interior, the Department of Agriculture and the Environmental Protection Agency, as well as Tribal nations representatives from California, Oklahoma and New Mexico.
Assistant Attorney General (AAG) Todd Kim of ENRD addressed attendees on Tuesday over videoconference. He highlighted the U.S. government’s commitment to respect Tribal sovereignty and self-governance, further environmental justice and combat the climate crisis.
“Tribes face substantial challenges, exacerbated by the ever-increasing impacts of climate change, in establishing and preserving sustainable homelands,” he said. “I feel very confident that the federal and Tribal summit participants can make real progress in identifying ways to improve our cooperation – and the outcomes we achieve – on these incredibly complex, and incredibly important, matters.”
AAG Kim highlighted efforts by ENRD to adjudicate and litigate on behalf of Tribes, whose communities suffer disproportionately from pollution and other environmental justice concerns. He pointed to the Justice Department’s creation of the Office of Environmental Justice (OEJ), housed within ENRD, and publication of a Comprehensive Environmental Justice Enforcement Strategy, which provides guiding principles to ensure the Justice Department’s enforcement efforts are focused and coordinated to address environmental justice concerns. Last week, OEJ issued its first annual report on implementation of the Strategy.
In addition to addresses by AAG Kim and others, the summit featured breakout sessions focused on environmental justice and Tribal homelands, securing Tribal water rights, Tribal communities and the climate crisis, trespass claims and jurisdictional challenges. The third day of the summit focused on criminal enforcement, including addressing the alarming number of murdered and missing indigenous persons – a terrible phenomenon which can sometimes coincide with an uptick in illegal and legal resource extraction on or near a reservation.
The summit was the final of three Regional Summits planned for 2023, and followed national conversations with Tribes held in Washington, D.C., in November 2022 and Columbia, South Carolina, earlier this year. The summits are intended to deliver on the promise in the Justice Department’s Comprehensive Environmental Justice Enforcement Strategy to work with Tribal governments and other federal agencies to “address and incorporate Tribal concerns into the Department’s enforcement work.”
Justice Department to Award More Than $96.7 Million in Grants to American Indian and Alaska Native CommunitiesRead the Press Release
The Justice Department today, through its Coordinated Tribal Assistance Solicitation (CTAS), announced that it has awarded 182 grants to 111 American Indian and Alaska Native communities, totaling more than $96.7 million.
“This grant program was created in recognition of the fact that Tribes are in the best position to determine how to meet the most urgent public safety challenges facing their communities,” said Attorney General Merrick B. Garland. “These resources will go directly to supporting Tribes’ efforts to bolster their law enforcement capabilities, combat gender-based and domestic violence, and provide support to victims. The Justice Department will continue to serve as partners to Tribes as they work to ensure the safety of their communities.”
“The Justice Department is committed to ensuring that our resources support Tribal sovereignty and address acute public safety challenges in Indian Country and in rural Alaska,” said Associate Attorney General Vanita Gupta, who announced the awards today in remarks to the Alaska Federation of Natives in Anchorage. “We are committed to working with our Tribal partners to make our resources more accessible to Tribal communities.”
The tribal grant awards are designed to help enhance Tribal justice systems and strengthen law enforcement responses, improve the handling of child abuse cases, combat domestic and sexual violence, support tribal youth programs, and fund an array of services for American Indian and Alaska Native crime victims. The awards are administered through the Office of Justice Programs (OJP) and the Office of Community Oriented Policing Services (COPS).
In addition to the CTAS awards, several other Justice Department components announced grant awards to Tribes. For example, OJP’s Office for Victims of Crime has awarded almost $70 million through the Tribal Victim Services Set-Aside to provide services for crime victims in tribal communities and to increase the quantity and quality of victim-centered services available to assist tribal victims of human trafficking in urban areas.
The Justice Department also awarded more than $8.5 million through OJP's Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking to 24 tribes to assist in their compliance with federal law on sex offender registration and notification.
“Through partnership and collaboration with tribal leaders, we are identifying the specific assistance that tribal communities need to ensure safety and justice,” said Assistant Attorney General Amy L. Solomon of OJP. “These awards support innovative programs that address challenges faced by law enforcement, improve crime prevention and intervention, strengthen victim services, and protect American Indian and Alaska Native people from violence.”
Of the more than $96.7 million in grants awarded under CTAS, a streamlined application that helps Tribes apply for tribal-specific grant programs, OJP made more than $66 million in awards, and the COPS Office made nearly $30 million.
The COPS Office used these funds to assist 49 Tribes in hiring personnel, equipment, and training grants to expand the implementation of community policing. Specifically, this funding can be used to hire or re-hire full-time career law enforcement officers, Village Public Safety Officers and school resource officers and to procure essential equipment, technology, and training to assist in initiating or enhancing tribal policing efforts.
“The COPS Office is honored to be able to continue our support to our Tribal partners and provide funding for vital resources to help agencies enhance their law enforcement responses to the communities they serve,” said Director Hugh T. Clements of the COPS Office. “We know that this support is integral to enhancing public safety and continuing to build trust and sustain relationships.”
About the Office of Justice Programs
OJP provides federal leadership, grants, training, technical assistance, and other resources to improve the nation's capacity to prevent and reduce crime, advance equity and fairness in the administration of justice, assist victims, and uphold the rule of law.
More information about OJP and its components can be found at www.ojp.gov.
About the Office of Community Oriented Policing Services
The COPS Office is the federal component of the Justice Department responsible for advancing community policing nationwide. The only Justice Department agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime-fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources needed to reduce crime and build trust between law enforcement and the communities served. Since 1994, the COPS Office has appropriated more than $20 billion to advance community policing, including grants awarded to over 13,000 state, local, territorial, and Tribal law enforcement agencies to fund the hiring and redeployment of more than 136,000 officers.
Justice Department Participates in the 22nd Annual International Competition Network Conference in Barcelona, SpainRead the Press Release
Deputy Assistant Attorney General Manish Kumar of the Justice Department’s Antitrust Division led the delegation at the International Competition Network’s (ICN) 22nd annual conference, hosted by the Spanish National Markets and Competition Commission in Barcelona, Spain, on Oct. 18-20. The division received an ICN Advocacy Working Group – World Bank Competition Advocacy Contest award for its work in effectuating the Executive Order on Promoting Competition in the American Economy.
Deputy Assistant Attorney General Kumar spoke on the Cartel Working Group plenary on “Transforming Cartel Enforcement in ICN’s Third Decade: Current Trends and the Challenges Ahead,” where he discussed the use of international cooperation to generate cases, the department’s recent resolutions in the generic drugs industry and lessons learned from recent trials.
“Now in its third decade, ICN has cemented itself as a key forum for international collaboration,” said Deputy Assistant Attorney General Kumar. “The United States and competition authorities around the world share the important mission to find antitrust crimes and bring perpetrators to justice, and we benefit when we share perspectives and expertise.”
In awarding the World Bank Competition Advocacy Contest Award to the division, the ICN recognized the division's work in effectuating the Executive Order on Promoting Competition in the American Economy. The award recognizes the division’s work developing relationships with agencies across the U.S. government through memoranda of understanding, case coordination and cooperation, training and education exchanges, case referrals, technical assistance and formal comments to advocate for competition. This initiative was a remarkable leap forward for a whole-of-government approach to competition enforcement and policy and it has already yielded tangible results, including more effective merger enforcement, investigation and case referrals and competition-focused rulemaking.
Delegates from the ICN’s member jurisdictions included agency leadership and staff, competition experts from international organizations and the legal, business, academic and consumer communities. Nearly 100 jurisdictions participated in the conference, which showcased the achievements of the ICN’s Advocacy, Agency Effectiveness, Cartel, Merger and Unilateral Conduct Working Groups and examined a range of competition enforcement and policy issues.
The division currently co-chairs the Cartel Working Group with Italy and Chile. The Cartel Working Group’s breakout sessions focused on topics such as labor market enforcement, detecting cases beyond leniency and the tools needed for cartel investigations in the digital area.
The Merger Working Group’s plenary focused on digital mergers. Merger Working Group breakout sessions focused on topics such as non-horizontal mergers and investigative techniques in merger control.
The Agency Effectiveness Working Group’s plenary focused on how competition agencies set priorities. Agency Effectiveness Working Group breakout sessions focused on topics such as technologies and techniques for collecting and processing information in antitrust cases and effectively using innovative detection tools.
The Unilateral Conduct Working Group’s plenary focused on challenges in unilateral conduct cases. Unilateral Conduct Working Group breakout sessions focused on topics such as effective remedies in unilateral conduct cases and the interaction between antitrust and regulation in digital markets.
The ICN was created in October 2001 to increase understanding of competition policy and promote convergence toward sound antitrust enforcement around the world. It was founded by 15 agencies, including the division, and now boasts a diverse membership of competition agencies from over 140 jurisdictions, supported by a wide network of non-governmental advisors from around the world.
Justice Department Announces Violence Against Women Act Alaska Pilot ProgramRead the Press Release
The Justice Department announced today the launch of a pilot program under the 2022 Reauthorization of the Violence Against Women Act (VAWA) that will allow Alaska Native Tribes to seek to exercise special Tribal criminal jurisdiction (STCJ) over non-Indian offenders for certain crimes, including crimes of sexual and domestic violence. The Department’s implementation plan for the Alaska Pilot Program provides opportunities for Alaska Native communities to access technical assistance and other resources to help build the capacity of their criminal justice systems and strengthen public safety.
“The launch of this pilot program marks an important step forward in the Justice Department’s public safety partnership with Alaska Native communities,” said Attorney General Merrick B. Garland. “The program was developed in close consultation with Alaska Native Tribes and Tribal organizations and represents our continued commitment to helping Tribal communities meet the most urgent public safety challenges they are facing. I discussed the implementation plan with Tribal representatives when I visited Alaska in August, and I look forward to continuing to work with Tribal partners to help the Alaska Pilot Program succeed.”
“Last year, at the first Violence Against Women Tribal Consultation in Alaska, the Department of Justice heard from Alaska Native leaders about how to best make their communities safer,” said Deputy Attorney General Lisa O. Monaco. “We listened. The launch of this pilot program honors the Department’s commitment to working with Alaska Native communities to extend the benefits and promise of VAWA throughout the entire state of Alaska.”
“This week, I met with advocates, law enforcement, and care providers in Anchorage and Nome to discuss the acute crisis of sexual and domestic violence in rural Alaskan communities,” said Associate Attorney General Vanita Gupta, who announced the Pilot Program’s launch in remarks to the Alaska Federation of Natives today in Anchorage. “VAWA 2022 is an important step forward in ensuring Tribes can keep their communities safe from those offenses. As I said today at the Alaska Federation of Natives annual convention, we hope that all Tribes will consider participating in this important program.”
The Violence Against Women reauthorization Act of 2013 (VAWA 2013) included a historic provision – originally proposed by the Justice Department – that recognized the inherent authority of Tribes to exercise criminal jurisdiction over non-Indian offenders who commit domestic-violence-related crimes in Indian country. Tribes in Alaska, however, were generally unable to exercise special domestic violence criminal jurisdiction because there is so little Indian country in Alaska.
In the VAWA 2022 Reauthorization, Congress expanded this criminal jurisdiction over non-Indian offenders to extend to crimes of sexual violence, sex trafficking, stalking, child violence, obstruction of justice, and assault of Tribal justice personnel in Indian country.
VAWA 2022 also includes provisions specific to Tribes in Alaska. The first recognizes the inherent authority of Tribes in Alaska Native villages to exercise criminal and civil jurisdiction over all Indians present in the Village. And the second establishes a pilot program to enable Alaska Tribes designated by the Attorney General as “participating Tribes” to exercise special Tribal criminal jurisdiction over non-Indian offenders who commit covered crimes in their Villages. The statute gives preference to Tribes occupying villages with predominantly Indian populations and that do not have a permanent state law enforcement physical presence.
VAWA 2022 mandated that the Attorney General, in consultation with the Secretary of the Interior and affected Tribes, establish a process to designate Tribes to participate in the pilot program. The process must include a determination by the Attorney General that the criminal justice system of the requesting Tribe has adequate safeguards in place to protect defendants’ rights.
In June 2022, the Justice Department convened an intradepartmental Alaska Pilot Program Working Group. Tribal consultations, which included representatives from the Department of Interior, began in July 2022. Based on feedback received during those consultations, the working group formulated a three-track process for the Pilot Program that meets the requirements set forth in VAWA 2022 and provides Tribes with requested support.
Under Track One, all Alaska Tribes are invited to join an Alaska-specific Inter-Tribal Technical Assistance Working Group (ITWG) on special Tribal criminal jurisdiction to receive technical assistance and peer-to-peer support. This Alaska-specific ITWG will be supported by an Office on Violence Against Women technical assistance award to the Alaska Native Justice Center and its partners.
Under Track Two, any Alaska Tribe may opt to become a Preliminary Pilot Program Tribe by completing a questionnaire to assess their readiness to exercise special Tribal criminal jurisdiction and identify any gaps in meeting the statutory requirements for exercising special Tribal criminal jurisdiction. Each Tribe that completes a questionnaire will be assigned a federal liaison, who will work alongside the Alaska Technical Assistance Provider to assist the Tribe in addressing unmet requirements and further building their criminal justice system capacity.
Under Track Three, an Alaska Tribe may seek Attorney General designation as a Participating Pilot Program Tribe by completing the same questionnaire used for Track Two. Department staff who review the questionnaire will either recommend Attorney General designation or invite the Tribe to participate (or continue to participate) in readiness activities under Track Two.
This framework will permit any Tribe in Alaska to take part in the Pilot Program, without requiring any commitment to ultimately seek Attorney General designation. Importantly, it provides a mechanism for Alaska Tribes to receive federal guidance and technical assistance to develop their criminal justice capacity.
Alaska Tribes interested in participating in the pilot program may contact the Department by email at [email protected].
More information about the Justice Department’s work in American Indian and Alaska Native communities is available at www.justice.gov/tribal.
Forty-One Charged with Illegal Trafficking, Possession, and Use of Firearms, Drug Trafficking and Conspiracy Offenses as a Result of Summer Violent Crime Reduction Effort “Operation Big Easy” in New OrleansRead the Press Release
Federal and local law-enforcement officials announced today that 41 individuals were charged in connection with firearms-trafficking, drug-distribution, conspiracy, and other offenses following a three-month violent crime reduction initiative in New Orleans this summer.
“The dozens of charges and arrests announced today represent what federal, state, and local law enforcement can accomplish when we work hand-in-hand to take violent criminals and trigger-pullers off our streets,” said Deputy Attorney General Lisa O. Monaco. “When we harness the Justice Department’s resources and technology — especially crime-gun intelligence from ATF’s NIBIN network — we are able to identify and arrest the culprits of gun violence and safeguard our communities. Across the country, our towns and cities are safer because of the dedication and bravery of federal agents and their state and local partners, and the 21st-century crime-solving tools DOJ is able to provide.”
“For months, incredibly brave ATF agents and our local, state, and federal law enforcement partners have been investigating violent criminals who have terrorized New Orleans,” said Director Steve Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “The results are now clear: dozens of arrests; scores of seized firearms, including guns previously used in crimes; recoveries of stolen guns and guns with obliterated serial numbers; and the seizure of deadly machine gun conversion devices. All done better than ever using crime gun intelligence to catch the worst of the worst. ATF commits to continue using and sharing its intelligence with our courageous partners around the country to further drive down violent crime."
“Many thanks to all of our federal, state, and local law enforcement partners for their invaluable efforts, unrelenting vigilance, and selfless contributions to the Operation Big Easy Initiative,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “When we work together and share information, good results occur. To our community, rest assured that we will continue to combat violent crime throughout the Eastern District of Louisiana. Every resource and every force multiplier we possess, will be used to accomplish that goal.”
Special Agent in Charge Joshua Jackson of the ATF New Orleans Division, Special Agent in Charge Bradley L. Byerly of the Drug Enforcement Administration (DEA) New Orleans Division, and Orleans Parish District Attorney Jason Williams provided additional details relating to the initiative, as well as other narcotics and violence-prevention efforts.
Indictments and complaints were recently unsealed in federal court. The charges stemmed from the extensive, targeted, and sustained effort this past summer, led by ATF and assisted by other federal, state, and local law-enforcement partners, to clamp down on illegal firearms trafficking, use, and possession, as well as the associated distribution of drugs, in New Orleans.
Overall, this operation resulted in approximately 71 crime-related firearms being permanently removed from New Orleans’ streets. The seized weapons included a significant number of stolen firearms and others with obliterated serial numbers. NIBIN data connected a number of the firearms to violent criminal activity, including homicides and felonious assaults, that took place in the New Orleans area and Gulf Coast region in 2022 and 2023. And six of the weapons are machinegun-conversion devices or “switches,” which enable a firearm to fire in fully automatic mode.
Some of these individuals also sold controlled substances to law enforcement. Many of these sales took place in public parking lots of business establishments during business hours or in recreational areas while nearby citizens engaged in their day-to-day errands or recreational activities. During this investigation, law enforcement purchased or seized over two kilograms of fentanyl/heroin mix, over one-half kilogram of cocaine and cocaine base, and over one-half kilogram of methamphetamine.
The following is a breakdown of the charges in United States District Court, according to court documents:
- Michael Lott, 49, Dianta Tropez, 29, Vernell Woodard, 40, Quindele Addison, 47, Sheena Rudolph, 40, and Coris Addison, 23, were charged on Sept. 22 in a superseding indictment.
- Quindele Addison, Woodard, Rudolph and Tropez were charged with conspiracy to distribute and possession with the intent to distribute methamphetamine.
- Tropez, Woodard and Quindele Addison were further charged with distribution of methamphetamine.
- Lott, Tropez and Woodard were charged with conspiracy and robbery of a person of money belonging to the United States.
- Lott, Tropez and Woodard with brandishing a firearm during and in relation to a crime of violence and assaulting an officer of the United States with a deadly weapon.
- Lott, Tropez and Quindele Addison were charged with unlawfully possessing firearms following felony convictions.
- Quindele Addison was charged with possessing a firearm in furtherance of a drug trafficking crime.
- Quindele Addison and Woodard are charged, jointly, with maintaining a drug involved premises.
- Rashad Montague, 32, was charged Oct. 10 via complaint with possession with intent to distribute a controlled substance and conspiracy to distribute controlled substances.
- Dawud Barnes, 22, was indicted Oct. 6 for possession and transfer of a machinegun.
- Vin Davis, 43, and William Grace, 45, were indicted Oct. 5 for distribution of fentanyl.
- Anthony Doyl, 40, and Carlos Guillen, 43, were indicted Oct. 12 for distribution of fentanyl.
- Devin Hilliard, 47, and Stering Pipkins, 39, were indicted Oct. 12 for distribution of cocaine, and Hilliard was additionally charged with unlawfully possessing a firearm following a felony conviction.
- Joshua Hogan, 35, was indicted Sept. 29 for distribution of fentanyl.
- Dayshawn Brown, 39, was indicted Oct. 12 for distribution of fentanyl and methamphetamine, unlawfully possessing a firearm following a felony conviction, and possessing a firearm in furtherance of a drug trafficking crime.
- Michael Lewis, 36, was indicted Oct. 6 for distribution of fentanyl/heroin/cocaine, possessing a firearm in furtherance of a drug trafficking crime, and unlawfully possessing a firearm following a felony conviction.
- Troy Locke, 34, was indicted Sept. 8 for unlawfully possessing a firearm following a felony conviction.
- Junior Alexander Moncada-Vargas, 34, was indicted Sept. 29 for possession and transfer a machinegun and unlawfully possessing a firearm and ammunition as an unauthorized alien.
- Luis Morales, 33, Tyrone Whittington, 38, and Daniel Beck, 43, were indicted Oct. 5. Morales, Whittington, and Beck were charged with distribution of methamphetamine. Morales was charged with possessing a firearm in furtherance of a drug trafficking crime and unlawfully possessing a firearm following a felony conviction. Whittington was charged with unlawfully possessing a firearm following a felony conviction.
- Tommy Nash, 50 and Loreall Gorden, 38, were indicted Sept. 22 for conspiracy to distribute controlled substances, possession with intent to distribute controlled substances, and distribution of fentanyl.
- Rodney Offray, 49, was indicted Sept. 22 for distribution of fentanyl and heroin.
- Jamar Holmes, 34, was indicted Oct. 5 for distribution of fentanyl and cocaine and sale of a stolen firearm.
- Kennan Alexis, age 47, was indicted Oct. 5 for distribution of fentanyl and being a felon in possession of a firearm.
- Dameron Carmon, 45, were charged Oct. 20 via complaint with conspiracy and possession with intent to distribute fentanyl.
- Daniel Smith, 55, were charged Oct. 20 via complaint with conspiracy and possession with intent to distribute fentanyl.
The following is a breakdown of the charges in Orleans Criminal District Court, according to court documents:
- Johnny Milton, 42, drug trafficking.
- Brandon Adiar, 49, drug trafficking.
- Kenneth Tyler, 46, drug trafficking.
- Brandon Jackson, 33, drug trafficking.
- Calvin Smith, 44, drug trafficking.
- Cordero Johnson, 35, drug trafficking.
- Ernest Cloud, 29, drug trafficking.
- LC Nixon, 33, drug trafficking.
- Cierra Craig, 34, drug trafficking.
- Ormond King, 31, drug trafficking.
- Zed Jones, age 32, illegal possession of a firearm
ATF investigated the cases, with assistance from the DEA, New Orleans Police Department, Louisiana State Police, U.S. Marshals Service, City of New Orleans Office of Criminal Justice Coordination, and the Louisiana Office of Alcohol and Tobacco Control, with additional thanks to the New Orleans Emergency Management Service and Crime Stoppers, GNO. This operation was also part of an Organized Crime Drug Enforcement Task Forces initiative.
The U.S. Attorney’s Office for the Eastern District of Louisiana and the Orleans Parish District Attorney’s Office are prosecuting the cases.
Indictments and criminal complaints are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
- Michael Lott, 49, Dianta Tropez, 29, Vernell Woodard, 40, Quindele Addison, 47, Sheena Rudolph, 40, and Coris Addison, 23, were charged on Sept. 22 in a superseding indictment.
Steel Manufacturer Enters Agreement Solidifying Its Commitment to Spend More Than $100 Million to Reduce Emissions from Its Dearborn, Michigan, FacilityRead the Press Release
The Justice Department and Environmental Protection Agency (EPA) today announced a modification to a 2015 consent decree between the United States and state of Michigan and the Cleveland-Cliffs Steel Corporation (formerly AK Steel) to resolve Clean Air Act violations at the company’s Dearborn, Michigan, steel manufacturing plant.
The decree required the Dearborn plant to implement certain measures to address visible air emissions from the plant. Because these measures failed to bring the plant into full Clean Air Act compliance, the modification requires Cleveland-Cliffs to undertake additional extensive measures at a cost of over $100 million, which are expected to reduce visible emissions from the plant, as well as curtail emissions of manganese and lead. Inhalation of lead and manganese can cause various, negative health effects, including impacts to the central nervous system. In addition, inhalation of lead has been linked to impacts to kidney function, and to the immune, cardiovascular, reproductive and developmental systems in humans. In anticipation of the agreement, Cleveland-Cliffs has already performed much of the required work.
“The agreement will ensure that Cleveland-Cliffs’ steel manufacturing plant in Dearborn operates in compliance with federal and state air pollution requirements,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This modification will result in better air quality for Dearborn residents around the plant, who have been disproportionately burdened by pollution.”
“Today’s announcement shows that EPA and the Department of Justice are committed to achieving cleaner air for communities across the country,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “The changes that Cleveland Cliffs will make at its Dearborn facility will reduce harmful air pollution and improve air quality for local residents.”
The modification lodged today requires replacement of the plant’s electrostatic precipitator (ESP) that removes particulate matter from exhaust gases that stem from the plant’s operations and thereby controls visible emissions. It also requires routine testing of the new ESP to assure compliance with applicable emission limits, certain operational parameters and regular monitoring for visible emissions.
The company will also pay a civil penalty of $81,380 to the state of Michigan for violating the state permit’s opacity, lead and manganese limits. Additionally, Cleveland-Cliffs will implement a state-law supplemental environmental project in which nearby residents will receive home air purifiers, at an estimated cost of $244,000. The facility is located in an area with environmental justice concerns according to data from EPA’s EJSCREEN tool. For more information on the original settlement, click here.
Attorneys from ENRD’s Environmental Enforcement Section filed the modification.
There will be a 30-day public comment period on the proposed modification. The modification and instructions on how to submit a public comment is available on the on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.
Florida Couple Pleads Guilty to Scheme to Evade $42 Million in Duties for Illegally Importing and Selling PlywoodRead the Press Release
A Florida husband and wife, Noel and Kelsy Hernandez Quintana, pleaded guilty today to conspiring to import plywood contrary to the Lacey Act and customs laws, and to selling plywood products that were illegally imported and sold. Noel Quintana also pleaded guilty to one count of smuggling and one count of violation the Lacey Act. Kelsy Quintana also pleaded guilty to two counts of violating the Lacey Act. The total loss of duties owed on the illegally imported wood products was approximately $42 million. The plywood’s market value was between $25 million and $65 million.
According to court filings, the Quintanas incorporated seven companies in the United States – naming relatives or friends as corporate officers and agents – and these shell companies imported hundreds of shipments of plywood products into the United States between February 2016 and December 2020. The Quintanas also incorporated a financial shell company through which they accepted payments from purchasers for the plywood they imported in violation of laws, including the Lacey Act and customs laws.
Before April 2017, the Quintana’s importing shell companies imported containers of plywood into the United States and almost exclusively declared them to be hardwood plywood imported from China. But after April 2017, the companies evaded applicable duties by falsely declaring their hardwood plywood imports from China to be either the product of another country or to be made with a species of wood not subject to duties.
“Today we hold defendants accountable for their intentional circumvention of customs laws: to avoid paying duties, defendants repeatedly violated the law, refining their schemes each time one was exposed,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This is not simply a financial crime – accurate import declarations protect U.S. markets from dumping by foreign countries and deter illegal harvesting of plants.”
“Homeland Security Investigations (HSI) is committed to pursuing individuals or entities that attempt to defraud the government of millions of dollars, violate U.S. customs laws and keep a fair marketplace for businesses,” said Special Agent in Charge Anthony Salisbury of the HSI Miami Field Office. “These types of criminal activities only serve to negatively impact the U.S. economy and we will continue to work with our federal law enforcement partners to combat this illicit activity.”
When importing plant products, the Lacey Act requires filing a declaration which contains, among other things, the plant’s scientific name and its country of origin. Under the Lacey Act, it is unlawful to transport or sell a plant product knowing it or the plant it was made from was transported in violation of any plant-related law. Customs laws prohibit false statements in any import declaration without reasonable cause to believe the truth of such statement. It is also illegal to import merchandise contrary to law, including the Lacey Act.
According to the plea agreement, softwood plywood – regardless of country of export – carried a general duty of 8%, with a few duty-free exceptions, such as if the outer ply was made from Parana pine. Antidumping and countervailing duties of more than 200% applied to hardwood plywood manufactured in China after approximately April 2017.
To avoid paying duties, the Quintana’s shell companies falsified import declarations for hardwood and softwood plywood. For example, a declaration from July 2018 said plywood in three containers was manufactured in Russia. But the containers were manufactured and loaded in Qingdao, China, and transported to Port Everglades, Florida, through the Panama Canal, without ever stopping in Russia. After federal authorities stopped such a shipment through Panama, the Quintanas used a different tactic to evade duties by shipping Chinese-produced hardwood plywood to Malaysia, then transferring the wood to new containers to be shipped onward to the United States. This change of containers was intended to better conceal that the plywood originated from China.
The Quintanas also falsely declared some shipments of softwood plywood to be duty-free Parana pine, which allowed them to evade the 8% general duty on these imports.
Additional court filings reflect that, after being alerted to the possibility of prosecution for their illegal acts, the Quintanas fled the United States initially to Panama and then to Montenegro, where they were the subject of extradition proceedings.
The couple pleaded guilty to conspiring to import plywood in violation of the Lacey Act and customs laws and conspiring to sell the illegally imported plywood. Noel Quintana also pleaded guilty to one count of smuggling and one count of importing plant products without filing a declaration including the scientific name and name of the country from which the plants were taken. Kelsy Quintana also pleaded guilty to two counts of importing plant products without filing a declaration including the scientific name and name of the country where the plant was harvested.
Noel Quintana faces a maximum penalty of 20 years in prison and a $250,000 fine for count three as well as five years in prison and a $250,000 fine for each of counts one and six. Kelsy Quintana faces a maximum penalty of five years in prison and a $250,000 fine for each of counts one, five and six. Both face forfeitures up to $42 million. Sentencing is scheduled for Jan. 12, 2024.
HSI investigated the case, with support from Customs and Border Protection, U.S. Fish and Wildlife Service and the Animal and Plant Health Investigation Service.
Attorneys from the Environment and Natural Resources Division’s Environmental Crimes Section and the U.S. Attorney’s Office for the Southern District of Florida prosecuted the case.
United States Issues Advisory to Industry on Iran Ballistic Missile ProcurementRead the Press Release
The Departments of Justice, Commerce, State and Treasury today issued an advisory to alert the international community, private sector and public to the threat posed by Iran’s ballistic missile procurement activities.
The advisory informs private industry of deceptive practices used by Iranian ballistic missile procurement networks, Iran’s ballistic missile-related activities, key goods sought by Iran’s missile program and relevant U.S. sanctions and export control authorities. In addition, the advisory provides and overview on minimizing sanctions and export control risk, including discussion of enforcement efforts by the Justice Department and other agencies.
Today’s announcement complements ongoing work by the Justice Department, including its the Disruptive Technology Strike Force. The Justice Department and Commerce Department’s Bureau of Industry and Security (BIS) in February created the Disruptive Technology Strike Force, an interagency effort focused on investigating and prosecuting the illicit transfer of sensitive technologies to foreign state adversaries, including Iran.
The announcement further complements recent work by the National Security Division regarding corporate compliance. To encourage corporate disclosures of potential criminal violations of national security laws, including sanctions and export laws, the National Security Division updated its voluntary self-disclosure policy this past March. The Justice Department has also announced the hiring of 25 new prosecutors in the National Security Division to investigate and prosecute sanctions evasion, export control violations and similar economic crimes.
Companies should be aware that Iran relies on foreign input to crease the lethality and accuracy of its ballistic missile systems. Private industry is on the front lines of detecting and denying Iran’s procurement efforts, and it is critical that companies be familiar with the techniques, entities, goods and technologies involved in Iran’s ballistic missile procurement efforts.
The advisory is available here.
The Justice Department Issues Fifth Annual Elder Justice ReportRead the Press Release
Earlier today, the Justice Department issued its fifth annual report to Congress on its efforts to combat elder fraud and abuse. The report summarizes the Department’s extensive efforts during the reporting period from July 1, 2022 through June 30.
“The Justice Department is intensifying our efforts to fight the despicable crimes of elder fraud and abuse,” said Attorney General Merrick B. Garland. “As reflected in this year’s report, the Department is aggressively pursuing perpetrators of elder fraud and abuse, supporting victims, and raising public awareness to prevent elder fraud and abuse before they occur.”
“During the past year, the Department has pursued hundreds of criminal and civil cases to bring perpetrators who prey on older adults to justice,” said Deputy Attorney General Lisa Monaco. “Working with our law enforcement partners, our agents and prosecutors have employed disruption strategies and obtained restitution and forfeiture orders to deter potential offenders, minimize losses, make victims financially whole, and prevent wrongdoers from profiting from their crimes.”
“Every year, millions of older Americans experience some form of elder abuse. And sadly, the majority of elder abuse cases go unreported,” said Associate Attorney General Vanita Gupta. “The Department is taking an active and multifaceted approach to addressing elder abuse, and our efforts reflect the hard work of so many, including our prosecutors, crime victim specialists, agents and investigators, program analysts, and subject matter experts.”
This year’s report reflects the four pillars of the Department’s elder justice work.
First, holding perpetrators of elder abuse and fraud accountable is the cornerstone of the Department’s elder justice work. During the reporting period, the Department brought nearly 300 criminal and civil actions against more than 650 defendants who collectively stole more than $1.5 billion from over 2.4 million victims. Some of these defendants engaged in transnational and domestic fraud schemes, including lottery, romance, and tech support scams. The Department also pursued nursing home operators that provided grossly substandard care to their residents.
Second, the Department supports in various ways older Americans who have experienced abuse or financial exploitation. Over the past year, the Department returned hundreds of millions of dollars to victims of elder fraud schemes, while helping to freeze millions of dollars for other older victims before their funds were transferred to fraudsters. The Department also supported over 5,000 victim assistance organizations that provided services (including individual advocacy, crisis intervention, civil legal assistance, transportation, and emergency shelter) to over 240,000 victims aged 60 and older. The Department continued to support the National Elder Fraud Hotline, which helped tens of thousands of older adults report suspected fraud or connected them to available social services.
Third, as state, local, and Tribal elder justice professionals are often on the front line in responding to elder abuse and fraud cases, the Department worked to support the capacity and ability of state, local, and Tribal communities to identify, address, and combat elder abuse in its many forms. For example, the Department awarded grants to six Enhanced Multidisciplinary teams to work with older victims of financial exploitation and abuse. These grantees join the 23 local multidisciplinary teams also funded by the Department to better identify and respond to cases of elder abuse and more comprehensively serve and support victims of financial exploitation. The Department also funded the first National Center for State and Tribal Elder Justice Coalitions to support statewide coordination and collaboration among elder justice organizations, and developed and shared new resources, training, and tools for state and local law enforcement to more effectively identify and investigate elder abuse and fraud.
Lastly, the Department is committed to raising public awareness of fraud schemes and empowering older Americans and their families with the knowledge and information to protect themselves from elder fraud and abuse. For that reason, Department employees conducted or participated in over 700 elder justice outreach and training events across the country to raise public awareness of elder fraud and abuse and reached over 28 million Americans.
To report elder financial fraud, call the National Elder Fraud Hotline, 1-833-FRAUD-11 (1-833-372-8311). For more information on the Department’s elder justice activities, visit www.elderjustice.gov.
Readout of Justice Department Officials Participation in IACP’s Annual ConferenceRead the Press Release
This week, Justice Department officials attended the annual meeting of the International Association of Chiefs of Police (IACP) in San Diego.
IACP brings together more than 16,000 public safety professionals across the country to provide a space for them to deepen their knowledge and understanding of some of the toughest issues facing our country. By convening federal, state, local, and Tribal law enforcement, officials are able to maintain their continued partnership in order to ensure the public safety and security of the American people.
Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, Associate Attorney General Vanita Gupta, Assistant Attorney General Kristen Clarke for Civil Rights, Assistant Attorney General Amy Solomon of the Office of Justice Programs (OJP), Director Christopher Wray of the Federal Bureau of Investigation (FBI), Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Administrator Anne Milgram of the Drug Enforcement Administration (DEA), Director Ronald L. Davis of the U.S. Marshals Service (USMS), Director Hugh T. Clements of the Office of Community Oriented Policing Services (COPS Office), and Community Relations Service (CRS) Head Justin Lock were all in attendance at IACP.
During a fireside chat moderated by IACP Deputy Executive Director Terry Cunningham, Attorney General Garland discussed the Department’s request for an increase in appropriations for the COPS Office Hiring Program, recently announced funding to law enforcement agencies and stakeholders across the country, the challenges of recruitment and retention in policing, threats to law enforcement personnel, the Department’s anti-violence crime strategy, and the Department’s attack on every element of the fentanyl epidemic – from the precursor suppliers in China, to the laboratories in Mexico, to the leaders of the Sinaloa and Jalisco Cartels, to their distribution networks in the United States.
In her remarks to the IACP State Associations of Chiefs of Police, Deputy Attorney General Monaco addressed the Justice Department’s priorities of combating violent crime, taking illegal firearms off the streets, and battling the flow of synthetic opioids like fentanyl into our communities. She recognized the strong partnerships necessary to combat violent crime and the particular burden that it places on law enforcement officials with limited resources and personnel.
Associate Attorney General Gupta provided opening remarks before a panel, “Leadership Reflections: Navigating Through Crisis,” during the plenary General Assembly session on Monday. In her remarks, the Associate Attorney General acknowledged the challenges in responding to mass violence incidents, hate crimes, critical incidents involving police officers, and the epidemic of gun violence in this country. She underscored the Justice Department’s commitment to supporting law enforcement leaders and their communities in times of crisis. She discussed the Department’s efforts to support victims, including providing $9 million dollars of grants to the National Mass Violence Victimization Resource Center in Charleston, South Carolina, and the important work of the FBI’s Victim Services Division and OJP’s Office for Victims of Crime. And she highlighted the Department support and resources for officer mental health and wellness, the COPS Office’s Collaborative reform program, and the forthcoming after-action report on the horrific mass shooting in Uvalde, Texas.
Assistant Attorney General Clarke spoke to the National Association of Women Law Enforcement Executives, the Human and Civil Rights Committee, and the Indian Country Law Enforcement Section. At these meetings, she underscored the Civil Rights Division’s efforts to secure equal employment opportunities for women in the law enforcement sector and highlighted the division’s efforts to partner with law enforcement to promote constitutional, effective, and non-discriminatory policing.
The Associate Attorney General also provided opening remarks before a panel on the Department’s cross-cutting work to support police departments and the policing profession more broadly. Assistant Attorney General Solomon and COPS Director Clements spoke as leaders from the Justice Department’s grantmaking components about their commitment to providing law enforcement agencies across the country with the resources and support they need to promote safe and thriving communities. They highlighted an increase in dedicated funding for the COPS Hiring Program from $139 million in 2022 to $224 million in 2023, to requested appropriations of $2.7 billion for FY 2024. Additionally, the Department announced last week nearly $75 million in critical grant funding to law enforcement agencies and stakeholders across the country. This funding will help combat drug trafficking and provide additional mental health and wellness resources for law enforcement officers.
The law enforcement component heads all focused on the importance of law enforcement cooperation and partnership in order to accomplish their goals. The heads of all of the Justice Department law enforcement components were at IACP and emphasized the critical work their components are doing to protect the American people. FBI Director Wray highlighted the value of partnerships with state and local agencies and underscored the importance of leveraging collective resources and strengths to better protect our communities. Director Wray emphasized that law enforcement is more effective when everyone is working together and thanked our partners for their unwavering resolve in the face of challenging situations. DEA Administrator Milgram focused on the work she leads to defeat drug cartels responsible for large numbers of deaths due to fentanyl and other opioid trafficking. ATF Director Dettelbach talked about the partnerships ATF has with law enforcement officers across the country to get ghost guns off the streets. USMS Director Davis spoke about the recent success of the USMS-led high-impact fugitive apprehension initiative called Operation North Star III, where more than 4,400 violent fugitives were apprehended. He also emphasized the need for increased collaboration to address violent crime in not only major cities but also smaller jurisdiction and rural areas.
CRS Head Lock presented on CRS’ services and programs to assist communities responding to and preventing civil rights-based community tensions, bias incidents, and hate crimes.
The Justice Department will continue to support our partnerships with state, local, Tribal, and international law enforcement and to protect the American people.
Hedge Fund Manager Pleads Guilty to Operating Multimillion Dollar Ponzi SchemeRead the Press Release
A Florida man pleaded guilty today in the Southern District of Ohio to using his hedge fund management company as part of a years-long Ponzi scheme.
According to court documents, Michael Wayne Williams, 48, of Miami, was the chief executive officer and investment manager of Highguard Capital and its affiliated entities, Guardian Opportunity Fund and Guardian Opportunity Management. Williams convinced victims to invest over $3 million in Guardian Opportunity Management and used their money for undisclosed and unauthorized purposes, including to settle civil lawsuits accusing him of fraud and to repay investors from discontinued funds that he previously managed.
In early February and March 2021, Williams convinced a Mississippi woman to invest $1,005,000 into Guardian Opportunity Management. Williams did not inform her that Guardian Opportunity Management’s principal investment vehicle, Guardian Opportunity Fund, had recently lost 90% of its assets under management and that Williams intended to use her money to repay other investors in Guardian Opportunity Management, who were threatening legal action against him.
Williams pleaded guilty to wire fraud and faces a maximum penalty of 20 years in prison. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Assistant Director in Charge David Sundberg of the FBI Washington Field Office made the announcement.
The FBI Washington Field Office investigated the case.
Trial Attorney David A. Peters of the Criminal Division’s Fraud Section and Trial Attorney Elise Kent Bernanke, formerly of the Criminal Division, are prosecuting the case.
If you believe you are a victim in this case, please contact the Fraud Section’s Victim Witness Unit toll-free at (888) 549-3945 or by email at [email protected].
Wisconsin Jury Convicts Corn Milling Company Officials for Workplace Safety Violations Following Deadly Mill ExplosionRead the Press Release
On Friday, Oct. 13, a federal jury in Madison, Wisconsin, convicted current and former Didion Milling Inc. officials of workplace safety, environmental, fraud and obstruction of justice charges following a deadly explosion in 2017 at a corn mill that Didion Milling operated in Cambria, Wisconsin. The explosion killed five workers and seriously injured others.
Didion Milling Vice President of Operations, Derrick Clark, was convicted of conspiring to falsify documents, making false Clean Air Act compliance certifications as Didion’s “responsible official” and obstructing the Occupational Safety and Health Administration’s (OSHA) investigation of the explosion at the corn mill by making false and misleading statements during a deposition.
Former Didion Milling Food Safety Superintendent, Shawn Mesner, was convicted of participating in a fraud conspiracy against Didion Milling’s customers and conspiring to obstruct and mislead OSHA for his role in falsifying sanitation records used at Didion to track the completion of cleanings designed to remove accumulations of corn dust at the mill.
“The trial and convictions in this case show that compliance matters, and attempting to hide non-compliance, is not just a ‘technical’ violation,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Managers and officers who enable corporate cultures that tolerate, encourage or cover up violations, and who participate in falsifying documents and obstructing agency investigations, will and must be held accountable in addition to the corporations.”
“The tragic loss of life in this case shows the terrible consequences that can result when companies fail to implement required health, safety and environmental measures,” said Assistant Administrator David M. Uhlmann of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “The convictions of Didion Milling senior managers sends a clear message that EPA and our law enforcement partners will investigate and prosecute companies that put profits above the health and safety of their workers.”
“Derrick Clark and Shawn Messner chose to intentionally mislead OSHA investigators and made false statements about their knowledge of working conditions at the plant to protect themselves and cover their mistakes,” said OSHA Regional Administrator Bill Donovan in Chicago. “Their blatant actions demonstrated a callous disregard for the loss of life, injuries and property damage that occurred under their leadership at the Didion Mill. Both Clark and Messner ignored their legal and moral obligation to protect workers before and after the explosion. OSHA is committed to taking all necessary action to hold employers responsible for protecting workers on the job.”
Grain dust can be explosive, and OSHA safety standards require grain milling facilities like the Didion Milling corn mill to develop and implement housekeeping programs, including regular cleanings, to reduce grain dust accumulation. Didion Milling maintained its master sanitation schedule to record the performance of required cleanings. Clark and Mesner were convicted of participating in a conspiracy to falsify that cleaning log, including directing others to backfill entries for uncompleted cleanings.
Federal law gives OSHA six months to gather facts and issue appropriate citations after a safety violation occurrence. In matters involving worker deaths, evidence that corporate managers knew about violations can result in issuance of a “willful” citation and a criminal referral. OSHA subpoenaed Clark’s testimony in September 2017, during the corn mill explosion fatality investigation. Clark gave false and misleading testimony about his knowledge of problems with the dust collection system at Didion’s corn mill, his knowledge of explosion hazards and his knowledge of prior fires at the facility.
Additionally, a permit issued under the Clean Air Act required compliance by Didion Milling at its corn mill including the operation of baghouses equipment, which are designed to limit the release of particulate matter like corn dust into the environment. The permit also required a “responsible official,” a senior manager with authority, to periodically certify the mill’s compliance with air pollution control permit conditions and disclose known permit violations. Clark falsely certified Didion’s compliance without disclosing that baghouse logs – documentation on maintenance of baghouse equipment – had been systematically falsified to conceal permit violations.
Didion Milling sold its milled corn products to food and beverage manufacturers. Sanitation at food manufacturing facilities is necessary for food safety, and excessive accumulations of grain dust can cause food safety problems. Through deceptive means, including repeatedly presenting a falsified cleaning log to food safety auditors, Mesner conspired to deceive Didion’s customers about its sanitation practices. As food safety superintendent, Mesner directed operations personnel to falsify the log to make it appear as if the cleaning schedule was being followed.
The jury on Friday also acquitted former Didion Milling environmental manager James Lenz of charges relating to falsifying environmental records and conspiring to make false statements and obstruct agency proceedings.
Didion Milling previously pleaded guilty to falsifying the cleaning logs and baghouse logs at the mill and agreed to pay a criminal fine of $1 million and restitution of $10.25 million to the victims of the 2017 explosion. Didion Milling shift superintendents Nicholas Booker, Michael Bright and Joel Niemeyer previously pleaded guilty to false statement charges for participating in the falsification of the cleaning logs and baghouse logs. Didion Milling shift superintendent Anthony Hess pleaded guilty to obstructing OSHA by making false and misleading statements about the accuracy of the cleaning log during a sworn statement taken as part of OSHA’s investigation into the mill explosion. Former Didion Milling environmental manager Joseph Winch previously pleaded guilty to conspiracy to conceal environmental violations from regulators by falsifying compliance certifications and providing falsified logs to regulators.
Sentencing hearings for each of the defendants before U.S. District Court Judge James D. Peterson for the Western District of Wisconsin will be scheduled at a later date.
The EPA’s Criminal Investigation Division investigated the case.
Trial Attorneys Samuel Charles Lord and Joel LaBissonniere and Senior Trial Attorney Richard J. Powers of ENRD’s Environmental Crimes Section are prosecuting the case, with logistical and victim services support from the U.S. Attorney’s Office for the Western District of Wisconsin.
Justice Department Releases Report on Recommendations for Law Enforcement Agencies Facing Recruitment and Retention ChallengesRead the Press Release
The Justice Department today announced the release of a new publication, Recruitment and Retention for the Modern Law Enforcement Agency. The publication is the result of a convening of law enforcement and community leaders across the country, facilitated by the Office of Community Oriented Policing Services (COPS Office) and the Office of Justice Programs’ Bureau of Justice Assistance (BJA), at the request of Attorney General Merrick B. Garland. The report presents recommendations to address the challenges in recruitment and retention law enforcement agencies are facing nationwide.
“Law enforcement officers across the country are facing unprecedented challenges at a time when they are already being stretched thin,” said Attorney General Garland. “The Justice Department has produced this report because we recognize the urgency and significance of the recruitment and retention crisis that agencies are encountering. Policing is a noble profession, and we are committed to doing everything we can to support local police departments as they work to serve their communities, build public trust, and keep people safe.”
“Our law enforcement officers are the nation’s most valuable assets for preserving public safety in our communities,” said Deputy Attorney General Lisa O. Monaco. “The Justice Department is committed to helping state and local law enforcement retain their critically important workforce – while recruiting the next generation of brave public servants. The more than 50 recommendations in this report will help police departments across the country to meaningfully enhance their recruitment and retention.”
“The recruitment and retention crisis is the number one issue I hear about from our state, Tribal, and local law enforcement partners across the country,” said Associate Attorney General Vanita Gupta. “The Justice Department knows that hiring and holding onto a highly qualified, committed, and diverse cadre of policing professionals is critical to public safety and police-community trust, and we are committed to working with our partners to address this crisis.”
The report offers a number of recommendations to help meet the current recruitment and retention crisis, including reconsidering officer eligibility requirements to better reflect modern police work; modernizing and accelerating the hiring process; investing in officer health, safety, and wellbeing; and working with community leaders to target recruitment efforts toward diverse candidates and potential recruits who might otherwise not consider law enforcement as a career.
“The challenge of hiring the right officers and keeping them on the force is one of the most difficult issues facing law enforcement agencies across the country,” said Director Hugh T. Clements of the COPS Office. “I know this publication is a resource that law enforcement executives have expressed a need for, and I believe this publication is an important step in meeting the recruitment and retention challenge.”
“As we come up with new and effective strategies to advance community policing and reduce crime, we must address this recruitment and retention crisis with the same vigor and energy,” said Director Karhlton Moore of BJA. “We are dedicated to supporting the infrastructure to hire and retain high quality recruits and officers to keep our communities safe, and this publication will be pivotal in helping us achieve that goal.”
The COPS Office is the federal component of the Justice Department responsible for advancing community policing nationwide. The only Justice Department agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. Since 1994, the COPS Office has been appropriated more than $20 billion to advance community policing, including grants awarded to over 13,000 state, local, territorial, and Tribal law enforcement agencies to fund the hiring and redeployment of more than 136,000 officers.
The Office of Justice Programs (OJP) provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, advance equity and fairness in the administration of justice, assist victims, and uphold the rule of law. More information about OJP and its components can be found at www.ojp.gov.
American Citizen Sentenced to Life in Prison for Providing Material Support to ISIS That Resulted in DeathRead the Press Release
Earlier today, in federal court in Brooklyn, New York, Ruslan Maratovich Asainov, 46, a U.S. citizen and former resident of Bay Ridge, Brooklyn, was sentenced to life in prison for providing material support to ISIS, a designated foreign terrorist organization, that resulted in death. Asainov was also sentenced to concurrent terms of 20 years in prison on related convictions of conspiracy to provide material support to ISIS and obstruction of justice, and 10 years in prison for receipt of military-type training from ISIS. Asainov was convicted by a federal jury after a three-week trial in February.
“Mr. Asainov abandoned his family and country to fight for ISIS and train others to carry out its reign of terror, a cause to which he remains devoted to this day,” said Assistant Attorney General Matthew G. Olsen of the Justice Department's National Security Division. “Now, he is being held accountable for his crimes with a sentence of life in prison. The Department of Justice is committed to bringing to justice those who would aid such murderous terrorist organizations.”
“Today’s life sentence was rightly holds Asainov responsible for the carnage he inflicted as a sworn member of ISIS and protects the world community from this avowed killer,” said U.S. Attorney Breon Peace for the Eastern District of New York. “The defendant committed his life to that terrorist organization and became a lethal sniper for ISIS in Syria, training many other ISIS members to shoot to kill as ISIS waged its brutal, barbaric campaign. To this day, the defendant maintains his unrepentant allegiance to that evil cause. Like this defendant now knows, anyone who takes up arms in service of ISIS and causes death and destruction will be prosecuted to the fullest extent of the law by this office.”
“The U.S. government worked tirelessly with our international partners to locate and return this U.S. citizen to face accountability for his crimes,” said Executive Assistant Director Larissa L. Knapp of the FBI’s National Security Branch. “He's a convicted terrorist who fought for ISIS and taught others how to kill on behalf of their violent extremist ideology. Justice was served with today's life sentence.”
Between December 2013 and March 2019, Asainov provided and conspired to provide material support and resources in the form of personnel, including himself, training and expert advice and assistance, to a foreign terrorist organization, namely ISIS, knowing that ISIS was a designated foreign terrorist organization that had engaged in terrorist activity and terrorism. Asainov also received military-type training from ISIS, in violation of federal law.
On Dec. 24, 2013, Asainov abandoned his wife and daughter in Brooklyn, and boarded a flight at JFK International Airport, bound for Istanbul, Turkey. Along with a co-conspirator, Mirsad Kandic, by early January 2014, Asainov traveled to northern Syria in the area of Aleppo and joined ISIS as a fighter. Kandic was arrested in Sarajevo, Bosnia and Herzegovina, convicted of conspiracy to provide material support to ISIS resulting in death by a federal jury in Brooklyn in May 2022, and sentenced to life in prison in July.
Over the course of approximately five years fighting on behalf of ISIS, Asainov fought in numerous battles against ISIS enemies, including engagements at Kobani, Tabqa, Raqqa, Dayr Az Zawr, and ISIS’s last stand in Syria at Baghouz, in March 2019. Asainov received training in how to use automatic rifles, machine guns and rocket-propelled grenades. In Tabqa, in mid-2014, he volunteered to train as a sniper. Over time, Asainov became a sniper trainer or “emir” on behalf of ISIS, estimating that he taught nearly 100 students. A former U.S. Navy SEAL scout sniper testified at Asainov’s trial that the defendant’s sniper training course was consistent with what the former SEAL would expect to be taught in a sniper training program.
From Syria, the defendant attempted to recruit another individual to travel from the United States to Syria to fight for ISIS and sought to obtain funds to purchase a scope for his rifle from the same person. The defendant also told his estranged wife that he was fighting on behalf of ISIS, described by him in a recorded January 2015 voicemail as “the most atrocious terrorist organization in the world that ever existed.” Asainov’s estranged wife testified at his trial that he sent her a photograph of three dead fighters, one of whom was wearing a patch reading, “Islamic State of Iraq and al-Sham,” i.e., ISIS, in Arabic script.
Asainov was captured in Syria after ISIS’s last stand at Baghouz, near the Syria-Iraq border. Just before his capture, Asainov discarded his rifle and destroyed his cell phone.
Asainov admitted to agents from the FBI’s Joint Terrorism Task Force that he had fought in numerous battles on behalf of ISIS as a warrior and sniper, serving in several different katibas or ISIS fighting brigades. In recorded phone calls to his mother from facilities operated by the Bureau of Prisons (BOP), the defendant told her that he was carrying out Allah’s orders when he waged jihad and killed for ISIS, that he intended to return to waging jihad if released, and that he would fight until he “meet[s] Allah,” i.e., until his death. In September 2020, staff at a BOP facility confiscated a makeshift ISIS flag affixed to Asainov’s cell wall. The defendant had filled in an 8.5” x 11” sheet of paper with black ink and Arabic writing in the design of the ISIS flag. During his trial, the defendant reiterated his allegiance to ISIS to court personnel, stating that ISIS would rise again.
Assistant U.S. Attorneys Douglas M. Pravda, J. Matthew Haggans, Nicholas J. Moscow and Nina C. Gupta for the Eastern District of New York are in charge of the prosecution, with assistance provided by Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section and Paralegal Specialists Wayne Colon and Mary Clare McMahon.
The Justice Department’s Office of International Affairs, the FBI’s Legal Attachés abroad, and foreign authorities in multiple countries on multiple continents provided critical assistance in this case. The Bosnian and Herzegovinian authorities, and the FBI Legal Attaché Office in Sarajevo provided extraordinary assistance in the investigation and prosecution. The Ministry of Justice for the Republic of Finland, the Stuttgart Police Department and Federal Office of Justice in the Federal Republic of Germany, the Department of Justice & Constitutional Development in the Republic of South Africa, and the Prosecutor General’s Office in Ukraine, and the FBI’s Legal Attaché Offices in or responsible for those countries provided valuable assistance in the investigation.
U.S. Government Reaches Settlement in Class Action Family Separation Case Seeking Injunctive ReliefRead the Press Release
On Oct. 16, the United States reached a settlement in Ms. L., et al. v. ICE, et al., a class action litigation filed in 2018 seeking injunctive relief relating to the separation of parents and children at the southwest border. The proposed settlement agreement is subject to final approval by the district court after notice to the class and an opportunity to object.
“The practice of separating families at the southwest border was shameful,” said Attorney General Merrick B. Garland. “This agreement will facilitate the reunification of separated families and provide them with critical services to aid in their recovery. I am grateful to Associate Attorney General Vanita Gupta and the Department’s Civil Division for their work on this matter.”
Under the proposed settlement, new standards will be established to limit family separations in the future. The settlement provides for continued family reunifications, immigration relief, and certain support services for separated families, including behavioral health services, targeted legal support related to immigration claims, limited housing assistance, and certain medical coverage. The settlement does not involve the payment of monetary damages. Those who believe they are class members may submit claims of class membership to the Family Reunification Task Force through the Together.gov website.
“The separation of families at our southern border was a betrayal of our nation’s values,” said Associate Attorney General Vanita Gupta. “By providing services to these families and implementing polices to prevent future separations, today’s agreement addresses the impacts of those separations and helps ensure that nothing like this happens again.”
On Feb. 26, 2018, a plaintiff identified as “Ms. L” filed a complaint in the Southern District of California alleging she had been unlawfully separated from her child. The American Civil Liberties Union (ACLU) later filed an amended complaint to add class action claims contending that the separation of putative class member parents from their children violated procedural and substantive due process, as well as the asylum statute. On June 26, 2018, the district court certified a class of separated parents and issued a preliminary injunction prohibiting future separations except in certain specified circumstances. The court also required the reunification of families previously separated.
Since that time, the Justice Department, the Department of Homeland Security (DHS), and the Department of Health and Human Services (HHS) have worked with plaintiffs to identify class members and their children, developed plans for reunification, and reunified class members with their children. On Jan. 26, 2021, the Justice Department rescinded the Department’s 2018 zero-tolerance policy for offenses under 8 U.S.C. § 1325(a). In Feb. 2021, President Biden issued an Executive Order establishing the Interagency Task Force on the Reunification of Families, comprised of representatives from various federal agencies, including the Justice Department, DHS, and HHS. The parties have worked extensively to reunify families in accordance with the Executive Order and subsequent orders from the district court. The task force has searched through thousands of government records to identify separated families and has thus far reunited more than 750 children with their families and has identified 85 additional children who are currently in the process of being reunited with their families. The task force has also identified more than 290 U.S. citizen children who were separated from their parents during the relevant time frame, is working to confirm that they have been reunified with their families, and will offer them services to support their reunification.
Director William C. Peachey, Assistant Director William C. Silvis, Senior Litigation Counsel Sarah B. Fabian, and Trial Attorney Fizza Batool, all of the Civil Division’s Office of Immigration Litigation, are handling the case.
Fact Sheet Motion for Settlement SettlementReadout of Attorney General Merrick B. Garland’s Events at IACP’s Annual ConferenceRead the Press Release
Attorney General Merrick B. Garland attended the annual meeting of the International Association of Chiefs of Police (IACP) in San Diego where he participated in a fireside chat moderated by IACP Deputy Executive Director Terry Cunningham. The Attorney General discussed a number of issues, including, the Justice Department’s emphasis on the importance of partnering with state and local law enforcement agencies, the Department’s request for an increase in appropriations for the Office of Community Oriented Policing Services (COPS Office) Hiring Program, recently announced funding to law enforcement agencies and stakeholders across the country, the challenges of recruitment and retention in policing, threats to law enforcement personnel, the Department’s anti-violent crime strategy, and the Department’s attack on every element of the fentanyl epidemic – from the precursor suppliers in China, to the laboratories in Mexico, to the leaders of the Sinaloa and Jalisco Cartels, to their distribution networks in the United States. Attorney General Garland also met with members of the IACP Executive Board for additional discussions.
He also highlighted an increase in dedicated funding for the COPS Hiring Program from $139 million in 2022 to $224 million in 2023, to requested appropriations of $2.7 billion for FY 2024. He also discussed the nearly $75 million in critical grant funding announced on Friday to law enforcement agencies and stakeholders across the country. In addition to supporting efforts to combat drug trafficking and other public safety programs, that funding will help provide assistance to agencies looking to expand their law enforcement mental health and wellness services.
In addition, the Attorney General recognized the continued recruitment, hiring, and retention challenges in policing. Earlier this year, Attorney General Garland tasked the Office of Justice Programs’ Bureau of Justice Assistance and the COPS Office with bringing together law enforcement and community leaders to come up with solutions. As part of this effort, in the coming week, the Department will release a recruitment and retention report that makes a range of recommendations. Those include: 1) Investing in officer well-being, including through mental and physical health benefits and improving flexibility in schedules to better reflect the desires of the modern workforce; 2) Developing pipeline programs in high schools and colleges and engaging with community leaders around the role that police serve in their communities; 3) Modernizing the process so that onboarding new hires is done faster.
The Attorney General also addressed the increase in threats of violence to law enforcement personnel, prosecutors, judges and all those who work every day in pursuit of justice and in service to the American people. Making clear that these threats are unacceptable and must not become normalized, the Attorney General said:
“People in a democracy are entitled to argue with each other, to criticize in the most vociferous way, but we won’t have a democracy if people decide that violence and threats of violence are the way to influence outcomes.”
The Attorney General also discussed what the Justice Department is doing in response to the deadliest drug threat our country has ever faced, fentanyl. Attorney General Garland shared how he often hears from families who have been impacted by fentanyl. He discussed the Department’s approach of going after every link in the cartel-driven fentanyl trafficking networks that span countries and continents. This includes going after the cartels’ leaders, their drug traffickers, their money launderers, their clandestine lab operators, their security forces, their weapons suppliers, and their chemical suppliers. In April, the Department charged 23 Sinaloa cartel members, leaders and associates, and just last month, the Department extradited Ovidio Guzman Lopez, a leader of the Sinaloa Cartel, and one of “El Chapo’s” sons. Agents and prosecutors across the Justice Department are working every day to combat the threat posed by fentanyl. Those efforts have resulted in the seizure of over 62 million fentanyl pills and over 9,700 pounds of fentanyl powder just this year alone.
While in California, the Attorney General also had the opportunity to meet with local police chiefs from across the country and leaders of some of the nation’s major law enforcement associations to thank them for their continued partnership. Deputy Attorney General Lisa O. Monaco, Associate Attorney General Vanita Gupta, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, FBI Director Christopher Wray, Director Steven Dettelbach of the Bureau of Alcohol, Tobacco and Firearms (ATF), Director Anne Milgram of the Drug Enforcement Administration (DEA), Director Ronald Davis of the U.S. Marshals Service (USMS), Director Hugh T. Clements of the COPS Office, Assistant Attorney General Amy Solomon of the Office of Justice Programs (OJP) were also in attendance at IACP.
IACP Attorney General Garland with IACP Deputy Executive Director Terry Cunningham IACP Attorney General Garland with the IACP Executive BoardJustice Department Secures Settlement in Case Concerning Disability-Based Discrimination at Multifamily Housing Complexes in MarylandRead the Press Release
The Justice Department announced today that Maryland-based developer Humphrey-Stavrou Associates Inc. (Humphrey-Stavrou) and related entities have agreed to pay $475,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). The claims alleged that the defendants failed to build required accessible features for people with disabilities, including those who use wheelchairs, at six multi-family housing complexes across Maryland. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the three properties Humphrey-Stavrou still owns and the three properties Humphrey-Stavrou sold to third parties.
“When the retrofits required by these settlements are completed, people with disabilities will have equal access to 1,300 more residential units in Maryland,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to ensuring that apartment complexes are accessible to people with disabilities.”
“The U.S. Attorney’s Office for the District of Maryland is dedicated to ensuring that developers who fail to abide by the Fair Housing Act and the Americans with Disabilities Act will be held accountable,” said U.S. Attorney Erek L. Barron for the District of Maryland. “These settlements will help ensure Marylanders with disabilities have fair and equal access to their homes by making these housing complexes more accessible.”
Humphrey-Stavrou will deposit a sum of $410,000 in an account to be used to retrofit the three properties it has sold since construction, which are now owned by other entities.
The agreement with Humphrey-Stavrou, which must still be approved by the court, also requires the defendants to pay $60,000 into a settlement fund to compensate individuals who were harmed by the inaccessible conditions and $5,000 to the government in civil penalties to vindicate the public interest.
Under the agreement, the defendants will, among other things, replace steeply sloped walkways, widen doorways and modify bathrooms so they are accessible for individuals who use wheelchairs. The agreement also requires the defendants to receive training about the FHA and the ADA, to ensure that their future multi-family housing construction complies with these laws and to provide periodic reports to the Justice Department. The six complexes are:
- Pin Oak Village, Bowie, Maryland;
- Woodland Creek Apartments (formerly Henson Creek Manor I and II Apartments), Fort Washington, Maryland;
- Woodside Village Apartments, Fort Washington, Maryland;
- Acclaim at Lake Largo (formerly Largo Center Apartments), Largo, Maryland;
- Randolph Village Senior Apartments, Silver Spring, Maryland; and
- Vistas at Lake Largo, Upper Marlboro, Maryland.
The Justice Department previously resolved part of its lawsuit, which was filed in September 2022, with Stavrou Associates Inc. and related entities, which agreed to pay $185,000 to settle claims that they failed to build the required accessibility features in 11 other multi-family housing complexes in Maryland. Stavrou Associates Inc. also agreed to make extensive retrofits to remove accessibility barriers at the complexes. The U.S. District Court for the District of Maryland entered the parties’ settlement, in the form of a consent order, on Nov. 22, 2022.
The 11 complexes built by Stavrou Associates Inc. that are the subject of the previously entered consent decree are:
- Villages at Belle Hill, Elkton, Maryland;
- Burgess Mill Station I, Ellicott City, Maryland;
- Burgess Mill Station II, Ellicott City, Maryland;
- River Point Apartments, Essex, Maryland;
- Hammarlee House Apartments, Glen Burnie, Maryland;
- Overland Gardens, Landover, Maryland;
- Rainier Manor Phase II Apartments, Mount Rainier, Maryland;
- Chapel Springs Senior Apartments, Perry Hall, Maryland;
- Hampshire Village, Silver Spring, Maryland;
- Windsor Crossing Family Apartments, Suitland, Maryland; and
- Windsor Crossing Senior Apartments, Suitland, Maryland.
The combined 17 properties at issue in the case were built with financial assistance from the federal government’s Low-Income Housing Tax Credit program and the HOME Investment Partnerships Program, and some of the properties are specifically marketed as housing for seniors.
Individuals who believe they or someone they know may have had difficulties because of the inaccessible conditions at any of these properties should send an e-mail to the Justice Department at [email protected] or leave a message at 1-833-591-0291, selecting option 1 for English, selecting option 4 for housing accessibility for persons with disabilities and selecting option 4.
The FHA prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. This law requires that most multifamily housing buildings with four or more units constructed after March 13, 1991, have basic accessible features. Enacted in 1990, the ADA requires that places of public accommodation, such as rental offices at multifamily housing complexes constructed after Jan. 26, 1993, be accessible to persons with disabilities.
More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department at 1-833-591-0291 or submitting a report online at www.civilrights.justice.gov. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.
humphrey-stavrou_proposed_consent_order_submitted_2023-10-16.pdfFormer California Police Officer and Three Co-Defendants Sentenced for Years Long Operation of Illicit Massage BusinessesRead the Press Release
Peter Griffin, 79, a retired San Diego police officer and former vice detective, attorney and private investigator, was sentenced on Friday to 33 months in prison and one year of supervised release for committing various crimes in connection with his operation of five California and Arizona-based illicit massage businesses that profited for years by selling commercial sex under the guise of offering therapeutic massage services.
Griffin’s three female co-defendants, Kyung Sook Hernandez, 59, Yu Hong Tan, 57, and Yoo Jin Ott, 46, who managed the different illicit massage businesses in Griffin’s network, were each sentenced to six months in prison and one year of supervised release.
According to court documents, Griffin, Hernandez, Tan and Ott owned and operated “Genie Oriental Spa,” “Felicita Spa,” “Blue Green Spa,” “Maple Spa” and “Massage W Spa,” located in the greater San Diego area and in Tempe, Arizona, between 2013 and August 2022. The criminal scheme included incorporating their businesses with state agencies, managing the businesses’ illicit proceeds, advertising commercial sexual services online, recruiting and employing women to perform commercial sex services and benefiting financially from the illegal enterprises.
“Defendant Griffin – a former vice detective who once took an oath to uphold our laws – is being held accountable for abusing his position of authority and, with his co-defendants, operating illicit massage businesses and profiting by exploiting women for commercial sex,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This case is an example of how strong partnerships among law enforcement agencies can combat the illicit massage industry. The Justice Department will continue to prosecute those who callously prey on the most vulnerable members of our society.”
“Peter Griffin used the skills he developed as a vice detective — and his status as a former law enforcement officer — to operate a network of illicit massage businesses and evade law enforcement,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Thanks to this multiagency investigation, Griffin has been held accountable for his nearly decade-long criminal scheme. This case underscores the department’s commitment to prosecuting the purveyors of these illicit businesses, who profit from pressuring their employees to engage in commercial sex.”
“Illicit massage businesses hide in plain sight in many communities in America, including our district,” said U.S. Attorney Tara K. McGrath for the Southern District of California. “Operators of these businesses often profit through exploitation. For years, Peter Griffin used his connections as a former police officer for his own criminal profiteering. The U.S. Attorney’s Office is committed to prosecuting these kinds of offenses, protecting our communities and ensuring that legitimate local businesses are not tarnished by criminal activity.”
“Peter Griffin abused and exploited vulnerable women by pressuring them into commercial sex for profit while taking advantage of his status in the community,” said Special Agent in Charge Chad Plantz of Homeland Security Investigations (HSI) San Diego Field Office. “This sentence sends a clear message to those who mistakenly believe they can get away with such repugnant crimes. HSI, in collaboration with our law enforcement partners, will continue to work vigorously and bring to justice those who exploit and victimize vulnerable members of our community.”
“Law enforcement professionals swear an oath to protect and defend our communities, and the spirit of that oath should live on even when we stop carrying a badge,” said Special Agent in Charge Tyler Hatcher of the IRS Criminal Investigation (CI) Los Angeles Field Office. “Griffin preyed on people who should have felt safer because of his presence. He and his co-conspirators failed in their attempts to conceal their illicit activities because of our special agents’ unique ability to follow the money and a strong cross-agency effort to find the evidence to bring these predators to justice.”
Through this scheme, the defendants exploited the employees, mostly vulnerable women from Korea and China; pressured the employees to perform commercial sex services; and made substantial financial profits from the illegal commercial sexual activity. When one employee initially refused to perform commercial sexual services, one of the defendants instructed her to “leave [her] morals in China” in order to “make the customers happy.”
Griffin, who left the department in 2002, previously worked as a detective with the Vice Operations Unit of the San Diego Police Department, a unit tasked with dismantling the very businesses he operated and promoted for personal profit. Throughout the nine-year criminal scheme, Griffin used the experience and skills he acquired through his work as a vice detective – skills honed by his education as an attorney and work as a private investigator – and his reputation as a former police officer to help the businesses evade law enforcement; conceal evidence; pressure employees to engage in commercial sex; maintain a façade of legitimacy; and thwart regulatory inspections, investigations and any official action against the businesses.
Griffin repeatedly used his status as a former law enforcement officer to falsely assure local authorities that his businesses would be operated legitimately. On one occasion, Griffin flashed his badge to a local officer responding to a citizen complaint regarding one of his illicit businesses. Additionally, Griffin told an employee that he was a former police officer and instructed her not to “open [her] mouth” about working at the illicit massage business. Griffin’s co-defendants similarly informed employees of Griffin’s law enforcement background and his resulting “connections” and promised he would protect the illegal businesses from law enforcement detection. Griffin also abused resources he had access to by virtue of his private investigator license to obtain information on customers and employees on behalf of the illicit massage businesses.
HSI, IRS-CI and the San Diego Human Trafficking Task Force, a regional, multi-agency effort led by the California Justice Department dedicated to supporting survivors and holding traffickers accountable, led the investigation. The FBI San Diego Field Office, the San Diego Police Department, the San Diego Sherriff’s Office, the Escondido Police Department, the San Diego District Attorney’s Office and the Tempe, Arizona Police Department also supported the investigation.
Assistant U.S. Attorney Jill Streja for the Southern District of California, Trial Attorney Caylee Campbell of the Criminal Division’s Money Laundering and Asset Recovery Section and Trial Attorney Leah Branch of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case, with assistance from Senior Financial Investigators Sheila Olander and Kathryn Montemorra of the Money Laundering Section’s Special Financial Investigations Unit.
Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org.
Readout of Deputy Attorney General Lisa Monaco’s Trip to California to Attend MCCA and IACP Annual ConferencesRead the Press Release
Deputy Attorney General (Deputy AG) Lisa O. Monaco traveled to California this week to advance the Justice Department’s strong partnerships with state and local law enforcement, and collaboration with the private sector, to promote the public safety and security of the American people.
Deputy AG Monaco spoke at the Wing 2023 conference in northern California, which brings together senior executives across major industries to address emerging technology and cybersecurity issues for the business community and society. She stressed the indispensable role of public-private collaboration to identify and disrupt a range of threats to the homeland – from ransomware attacks to ongoing efforts by foreign adversaries to steal our data and critical technologies such as quantum computing and artificial intelligence. The Deputy AG emphasized the key role that victim reporting has played in the success of the Justice Department’s cyber-strategy pivot to prioritize near-term disruptions and victim protection. And the Deputy AG discussed the 21st century tools and techniques the Department is using to target illicit actors, harden supply chains, and protect innovation, including the Disruptive Technology Strike Force launched earlier this year.
While in California, the Deputy AG addressed the annual meetings of both the Major Cities Chiefs Association (MCCA) and the International Association of Chiefs of Police (IACP) in San Diego. In her closing keynote speech at MCCA and her remarks to the IACP State Associations of Chiefs of Police, the Deputy AG discussed the Justice Department’s priorities of combatting violent crime, taking illegal firearms off the streets, and battling the flow of synthetic opioids like fentanyl into our communities. In all her engagements, she emphasized the vital role that the Department’s partnerships with federal, state, local, tribal, and international law enforcement plays in tackling the most serious threats.
She underscored that, all too often, the heaviest burden in the fight against violent crime and illegal drug and firearms trafficking rests on the shoulders of the Department’s state, local, and tribal partners, who are taking on these challenges with diminishing resources and personnel, and often at great personal risk.
The Deputy AG also called attention to the recruitment and retention issues impacting law enforcement agencies nationwide. In keeping with the Attorney General’s direction for the Justice Department to identify strategies to address these challenges, she previewed that soon the Department will release more than 50 recommendations to help police departments address recruitment and retention issues. These include ways to modernize hiring standards to align with the realities of policing in the 21st century, accelerate the hiring process, and prioritize diversity and inclusion.
As part of the Justice Department’s commitment to supporting local law enforcement, the Deputy AG highlighted the $75 million in grant funding recently awarded to state and local law enforcement agencies across the country – funding that will help law enforcement combat the distribution and trafficking of illegal drugs, increase officer access to mental health and wellness services, and ensure agencies have the resources they need to keep our communities safe.
While in California, the Deputy AG also visited the U.S. Attorney’s Offices for the Central and Southern Districts of California, where she met with U.S. Attorneys Martin Estrada and Tara McGrath, their leadership teams, and the dedicated prosecutors and professional staff of both offices. She thanked them for their dedication to the Department’s mission, especially the work each office is doing to tackle violent crime.
In both districts, the Deputy AG met with the leaders of federal, state, and local law enforcement agencies to reinforce the Department’s commitment to partnerships with their agencies and to discuss best practices and effective law enforcement initiatives. In the Southern District of California, the Deputy AG was joined by ATF Director Steve Dettelbach and DEA Administrator Anne Milgram for a series of briefings at the San Diego Imperial Valley High Intensity Drug Trafficking Area (HIDTA) Offices on how law enforcement from federal, state, and local agencies are working together to combat the deadly fentanyl epidemic and the trafficking of firearms – including ghost guns.
Deputy AG Monaco and U.S. Attorney McGrath with the men and women of the United States Attorney’s Office for the Southern District of California. Deputy AG Monaco, ATF Director Dettelbach, U.S. Attorney McGrath, and law enforcement leaders at the San Diego Imperial Valley High Intensity Drug Trafficking Area (HIDTA) Office. Deputy AG Monaco taking questions at the United States Attorney’s Office for the Central District of California.Attorney General Statement on the Killing of Six-Year-Old Child Wadea Al-Fayoume and Severe Wounding of His Mother Hanaan Shahin in IllinoisRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland on the killing of Wadea Al-Fayoume and the severe wounding of his mother, Hanaan Shahin:
“I am heartbroken by the abhorrent killing of Wadea Al-Fayoume, a six year old child who died after being stabbed 26 times with a military-style knife. On behalf of the entire Justice Department, I want to express my deepest condolences to his family and his community as they grieve his loss.
The Justice Department has opened a federal hate crimes investigation into the events leading to the tragic death of Wadea Al-Fayoume and the serious injuries suffered by his mother, Hanaan Shahin. The Department is limited in what more it can say because this is an ongoing criminal investigation.
This incident cannot help but further raise the fears of Muslim, Arab, and Palestinian communities in our country with regard to hate-fueled violence. The Department of Justice is focused on protecting the safety and the civil rights of every person in this country. We will use every legal authority at our disposal to bring to justice those who perpetrate illegal acts of hate. No one in the United States of America should have to live in fear of violence because of how they worship or where they or their family come from.”
Justice Department Releases First-Ever Comprehensive Environmental Justice Enforcement Strategy ReportRead the Press Release
The Justice Department’s Office of Environmental Justice (OEJ) released its first-ever Comprehensive Environmental Justice Enforcement Strategy Annual Report today, highlighting the department’s recent accomplishments in cases with environmental justice concerns and outlining the department’s strategy for engaging with and delivering results to communities long overburdened by pollution.
Last year, the department created OEJ within the Environment and Natural Resources Division (ENRD) with a mandate to engage all Justice Department bureaus, components and offices in the collective pursuit of environmental justice. The department also created a Comprehensive Environmental Justice Enforcement Strategy to guide its work in this area. Today’s OEJ report includes highlights of important environmental justice cases from the last year as well as key collaboration efforts with federal, Tribal, state and local stakeholders.
“Advancing environmental justice is a key part of the Justice Department’s mission,” said Associate Attorney General Vanita Gupta of the Justice Department. “OEJ’s report highlights our recent successes in protecting and restoring healthy environments and communities, including efforts concerning clean air and water, worker safety and quality of life. We will continue to work to defend and bring relief to overburdened and underserved communities.”
“Communities of color, indigenous communities and low-income communities too often feel the greatest effects of pollution and climate change,” said Assistant Attorney General Todd Kim of ENRD. “We recognize that, and we’re committed to addressing the outsized impacts felt by such communities throughout the United States.”
“It is imperative that we use all the legal authorities available to address longstanding inequities that deny people healthy and safe communities,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “We will continue to coordinate with our federal partners in using our civil rights laws to advance environmental justice for historically underserved, overburdened and marginalized communities.”
“I’m honored to serve the American people at OEJ and engage with communities throughout the country and coordinate with Justice Department and other federal entities to find solutions to environmental and health hazards,” said Director Cynthia M. Ferguson of OEJ. “Whether it’s securing the abatement of lead-based paint in lower income properties in Chicago, working to restore functioning water and wastewater systems in Jackson, Mississippi, or providing civil rights and trauma-based interview training – our efforts benefit all Americans by promoting a more equitable society.”
An example of the department’s work under its Comprehensive Environmental Justice Enforcement Strategy includes the Civil Rights Division’s first ever Title VI environmental justice resolution agreement in Lowndes County, Alabama. The division’s investigation evaluated actions by the state’s health department in operating a wastewater disposal program and whether those actions discriminated against Black residents. Ultimately, the Justice Department reached an agreement with the Alabama Department of Public Health to put it on a path to developing safe wastewater disposal and management systems.
ENRD also reached agreements in a different water management case in Jackson, Mississippi, where it negotiated interim orders with city and state officials to name a court-appointed manager and begin to stabilize Jackson’s drinking water and wastewater systems. OEJ has worked with a coalition of federal, state and local government entities to build an outreach strategy for Jackson in support of the enforcement action and to ensure that residents and workers have an opportunity to engage in the enforcement process.
The Comprehensive Environmental Justice Enforcement Strategy includes provisions for the Justice Department to partner with other federal enforcement agencies like the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance and the Department of Housing and Urban Development’s Office of Inspector General. The Justice Department is also working to strengthen coordination with Tribes and identify and prioritize affirmative litigation involving Tribal environmental justice issues.
Pursuant to the Strategy, ENRD and the Civil Rights Division have held listening sessions, and ENRD has and is scheduled to host regional Tribal summits, to increase community engagement and coordination in pursuing actionable solutions. And OEJ’s report highlights new performance measures to promote transparency regarding environmental justice enforcement efforts.
The report is available on OEJ’s website, and you can read by clicking here.
Justice Department Awards $75 Million for Active Shooter Training, to Combat Trafficking of Illegal Drugs, and Law Enforcement Mental Health and WellnessRead the Press Release
The Justice Department Office of Community Oriented Policing Services (COPS Office) announced today that it has awarded nearly $75 million in critical grant funding to law enforcement agencies and stakeholders across the country. This funding is designed to not only assist with the Department’s crime reduction efforts, but also to provide much needed assistance to agencies looking to expand their law enforcement mental health and wellness services, combat the distribution and trafficking of illicit drugs, and receive active shooter training.
“Today’s announcement underscores the Justice Department’s commitment to supporting our state and local law enforcement partners as we work together to keep our communities safe,” said Attorney General Merrick B. Garland. “These grants build on our efforts to disrupt the trafficking of deadly drugs, expand access to the mental health and wellness services that police officers deserve, and fund other critical programs. The Justice Department will continue to do everything in our power to get law enforcement officers the resources and assistance needed to help keep them and their communities safe.”
“Every day, across the country, our state and local law enforcement partners are working tirelessly on the ground to protect our communities and preserve public safety,” said Deputy Attorney General Lisa O. Monaco. “Through the grants announced today, the Justice Department honors and supports our state and local partners with much-needed resources for community policing and critical training while increasing officer access to mental health and wellness services.”
“The COPS Office grants announced today will help ensure law enforcement agencies across the country have the resources and training they need to promote public safety and further develop police-community trust,” said Associate Attorney General Vanita Gupta. “Our investment in the Collaborative Reform Initiative, in particular, will allow the Justice Department and our law enforcement partners to continue providing critical, voluntary technical assistance and support to agencies that request it.”
“COPS Office grants work to not only reduce crime and increase public safety,” said Director Hugh T. Clements of the COPS Office. “But they also make sure that the work is done through the lens of community policing. I know that both officers and community residents will be well-served by these grants.”
Funding highlights include:
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Nearly $48 million to combat the distribution and trafficking of opioids and methamphetamine through the COPS Anti-Heroin Task Force (AHTF) program and the COPS Anti-Methamphetamine Program (CAMP).
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Through the Law Enforcement Mental Health and Wellness Act (LEMHWA) program, over $9 million to law enforcement agencies and stakeholder organizations to improve the delivery of and access to mental health and wellness services for law enforcement through training and technical assistance, demonstration projects, and implementation of promising practices related to peer mentoring mental health and wellness programs.
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Almost $11 million in active shooter training funding through the Preparing for Active Shooter Situations (PASS) program.
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Nearly $7.6 million in funding for the continuation of the Collaborative Reform Initiative, through which technical assistance providers offer expert services to state, local, territorial, and tribal law enforcement agencies to support effective community policing.
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An award for $130,000 to support the efforts of the National Blue Alert Network, a voluntary nationwide system to give authorities an early warning of threats against law enforcement and to aid in the apprehension of suspects who have killed or seriously injured an officer or deputy.
Complete lists of award recipients under these programs, including funding amounts, can be found here.
The COPS Office is the federal component of the Justice Department responsible for advancing community policing nationwide. The only Justice Department agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has been appropriated more than $20 billion to advance community policing, including grants awarded to over 13,000 state, local, territorial, and Tribal law enforcement agencies to fund the hiring and redeployment of more than 136,000 officers.
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Former Nursing Home Worker Charged with Wire Fraud in “Ghost” Employee Fraud SchemeRead the Press Release
Washington – A federal grand jury in Chicago returned an indictment charging a former nursing home employee with seven counts of wire fraud.
According to court documents, Alisha Richardson, 44, of Chicago, devised a scheme to defraud her employer, a Chicago-area nursing home, of funds by falsifying records to generate payments to individuals who never worked at the facility (so-called “ghost” employees). The indictment alleges that, as part of the scheme, Richardson created false records to make it appear as though the individuals were employed as Certified Nursing Assistants, when in fact they were not working at the nursing home. The indictment further alleges that Richardson logged false hours for these “ghost” employees, which caused the nursing home to issue paychecks. According to the indictment, some “ghost” employees cashed the checks and shared the proceeds with Richardson. The indictment further alleges that on other occasions Richardson forged endorsement signatures for the individuals and deposited the paychecks into her own bank accounts. As a result of the scheme, the nursing home paid out over $100,000 for work that was never performed.
“These charges reflect the department’s commitment to hold criminals accountable for their wrongdoing,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We thank the FBI and the Department of Health and Human Services Office of Inspector General for their tireless efforts in investigating this case.”
“The FBI and its partners work tirelessly to ensure that those who engage in illegal activity do not go unpunished,” said Executive Assistant Director Timothy Langan of the FBI’s Criminal, Cyber, Response, and Services Branch. “This indictment shows our commitment to that sentiment and should deter others from engaging in fraudulent activities.”
“Individuals who fraudulently obtain funds that were otherwise intended to support the delivery of health care services unlawfully redirect valuable resources away from people in need of medical care,” said Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Chicago Region. “HHS-OIG remains committed to working together with our law enforcement partners to identify and investigate those who allegedly engage in fraud targeting our federal health care programs.”
The FBI and the HHS-OIG investigated the case.
The case is being prosecuted by Senior Trial Attorneys Raquel Toledo and James T. Nelson of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Jason Julien for the Northern District of Illinois.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
IndictmentCourt Finds That Galveston County, Texas, Redistricting Plan Violates the Voting Rights ActRead the Press Release
The U.S. District Court for the Southern District of Texas ruled this morning that the redistricting plan used by the governing body of Galveston County, Texas, known as the Commissioners Court, violates Section 2 of the Voting Rights Act. The court held that the County’s plan denies Black and Latino voters an equal opportunity to participate in the political process and to elect a candidate of their choice.
“This decision demonstrates that the Justice Department is vigorously enforcing the Voting Rights Act in communities across the country,” said Attorney General Merrick B. Garland. “The court recognized that the Galveston County Commissioners Court redistricting plan deprived the county’s Black and Latino voters of an equal opportunity to participate in the political process and elect a candidate of their choice. The Justice Department will continue to stand up for the right of every eligible citizen to vote and to have that vote counted.”
“This ruling should send a clear message that all jurisdictions, whether at the state or local level, must comply with the Voting Rights Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Voting Rights Act stands as one of our most important civil rights laws that protects the ability of communities of color to participate in the political process and have an equal opportunity to elect candidates of choice. As the court made clear, this is not a typical redistricting case. Even though there was no need to do so, the commissioners court eliminated Black and Latino voters’ opportunity to have a voice on that body. As the district court correctly found, destroying the only district with a majority of Black and Latino residents is a blatant violation of the Voting Rights Act.”
“The right to vote is one of the fundamental rights in our democracy, a right guaranteed irrespective of race or ethnicity, said U.S. Attorney Alamdar Hamdani for the Southern District of Texas. “This decision protects the rights of Black and Latino voters in Galveston County and affords them an equal opportunity to have a voice on the Galveston County Commissioners’ Court consistent with federal law.”
The court held that the county’s plan prevents Black and Latino voters from electing a candidate of choice in any district. In particular, the court found that county eliminated an existing district where such an opportunity had existed for decades. The court observed that doing so was “mean-spirited” and “egregious” given that there was no reason to make major changes to the district as it had previously existed. The court concluded that the County’s elimination of that district extinguished the Black and Latino communities’ voice on its commissioners court. It does so even though these two groups comprise 38% of the total population in Galveston County.
Because candidate qualifying for Galveston County’s 2024 elections is fast approaching, the County has until Oct. 20 to enact a redistricting plan that contains at least one district that provides Black and Latino voters with an equal opportunity to elect a candidate of choice to the county governing body. If the county prefers not to submit a revised plan, the court has ordered it to implement a redistricting plan presented by the United States on or before Nov. 1.
The court’s ruling comes following a bench trial earlier this year that lasted from Aug. 7 through 18. The redistricting plan at issue in the case was adopted by the county on Nov. 12, 2021, after release of the data from the 2020 Census. The Justice Department filed its complaint against Galveston County in March 2022.
Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at www.civilrights.justice.gov or by calling (800) 253-3931.
Additional information about the Civil Rights Division’s work to uphold and protect the voting rights of all Americans is available on the Justice Department’s website at www.justice.gov/crt/voting-section.
Assistant Attorney General Todd Kim Delivers Keynote Address at the American Bar Association Section of Environment, Energy, and Resources’ 31st Fall Conference in Washington, DCRead the Press Release
I’d like to thank ABA SEER for inviting me to your environmental law conference.
It’s a pleasure to be here, and in particular to appear with Tommy Beaudreau, who has had a phenomenal career as Deputy Secretary at the Department of the Interior.
For those I haven’t met before, my name is Todd Kim, and I have the great privilege to serve as the Assistant Attorney General of the Environment and Natural Resources Division at the Department of Justice.
Becoming the AAG for ENRD has been a homecoming for me. I originally joined the Division as an Honors Attorney, and I spent almost eight years in the Division’s Appellate Section. I’m very proud to be back at ENRD, and I’m eager to talk with you about our work and how it relates to your experiences representing private clients on environmental compliance issues or working on environmental initiatives in the public sector.
Today, I’ll briefly address ENRD practice in the Supreme Court, and then focus on environmental justice and climate change—priority issues for this ambitious Administration. But let me start with a short overview of ENRD.
As most of you know, ENRD is one of the litigating divisions at DOJ. We’re sometimes called the “world’s largest environmental law firm,” with over 600 employees, including more than 400 attorneys.
ENRD’s mission is to protect the health and welfare of the American people, preserve our breathtaking landscapes and precious natural resources, and ensure that all Americans are treated fairly under the law.
And our civil and criminal enforcement efforts have real nationwide impact. In fiscal year 2023, for instance, we obtained over $400 million in civil and criminal fines, penalties and costs recovered, and we secured federal injunctive relief valued at over $2.3 billion.
ENRD, of course, also has a substantial practice defending agency actions taken or challenged under environmental and natural resource laws, in addition to acquiring lands needed for federal projects, and litigating to secure and protect the rights and resources of federally recognized tribes.
Let’s turn now to substantive topics. Environment and natural resource matters appear on the Supreme Court’s docket with some frequency, and ENRD plays an important role in assisting the Solicitor General in handling these matters.
Today, I’d like to mention three cases—one current, two recent—that reflect how environmental law is at the cutting edge of administrative law.
First, the current case: Loper Bright Enterprises v. Raimondo, which involves the doctrine of judicial deference named after the famous case of Chevron v. NRDC.
This case directly concerns whether the D.C. Circuit erred in applying Chevron to hold that the National Marine Fisheries Service had authority to promulgate a particular rule under the Magnuson-Stevens Fishery Conservation and Management Act.
But the question on which the Supreme Court granted certiorari in May transcends this particular context. That question reads: “Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.”
As I’m sure you recognize, a decision in this case may have broad implications for administrative practice across the federal government. The brief of the United States, filed last month, argues that the Court should not overrule Chevron because it is a bedrock principle of administrative law that sets clear ground rules for all three branches of government, and principles of stare decisis weigh heavily in favor of adhering to Chevron. I commend the brief to you for reading.
Oral argument has not yet been set in the case. Stay tuned.
Next, let’s turn back to June of last year, and the Supreme Court’s decision in West Virginia v. EPA. The Court concluded that a particular Clean Air Act provision did not authorize the EPA to devise emission limitations for power plants based on the generation-shifting approach in the Clean Power Plan issued in 2015.
Of interest beyond the Clean Air Act, the Court articulated a major questions doctrine under which, absent a sufficiently clear statement from Congress, courts should not interpret a statute to authorize certain “novel” or “unprecedented” agency actions of “vast economic and political significance.”
The full implications of the ruling are still being debated. In the sixteen months following the decision, litigants have raised the major questions doctrine in a wide array of challenges to agency actions. This body of law will continue to develop. Again, stay tuned.
Finally, Sackett v. EPA, a decision from this past May. There, the Court held that an adjacent wetland is within the Clean Water Act’s protections as a “water of the United States” only if the wetland has a continuous-surface connection with a body of water that is itself a covered “water of the United States.” The Court interpreted this statutory phrase to include relatively permanent bodies of water connected to a traditional navigable water. The Court rejected the “significant nexus” standard established in 2006 under Justice Kennedy’s concurring opinion in Rapanos v. United States.
The United States is of course committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. Let me highlight some actions that have already occurred since Sackett issued.
Last month, to conform to the decision, EPA and the Department of the Army published a rule amending the definition of “waters of the United States” in regulations that had issued in January. For example, the new rule removed the “significant nexus” standard from consideration when identifying tributaries and other waters as federally protected. Going forward, the agencies will also continue to interpret the regulations defining “waters of the United States” consistent with the Sackett decision through the wide range of tools available: approved jurisdictional determinations, guidance, agency forms and training materials, or future rulemaking as appropriate.
Litigation challenging the January rule also continues in various courts. In light of Sackett and the new rulemaking, ENRD teams have been working with the parties and making appropriate filings in cases in the Sixth Circuit, the District of North Dakota, and the Southern District of Texas.
I highlight each of these cases because they are important, and their full implications are as yet uncertain. Once more: stay tuned.
Now let me turn to two of the Administration’s key priorities: furthering environmental justice and combating the climate crisis.
All Americans should be able to breathe clean air, be protected from the worsening effects of climate change, and have access to safe drinking water. Yet across the nation, there are communities—all too often low-income communities, communities of color, and indigenous communities—that suffer disproportionately from environmental injustice.
Last fall, I was in Jackson, Mississippi. Unprecedented flooding had caused Jackson’s largest water treatment facility to fail. At least 150,000 residents were left without drinking water. My division, working with EPA, the City of Jackson, and the State of Mississippi, quickly negotiated an interim order, subsequently approved by a federal district court, that put in place an Interim Third-Party Manager, among other important steps to stabilize the public drinking water system.
Unfortunately, there are other problems facing the people of Jackson. The City has longstanding issues complying with a Clean Water Act consent decree; billions of gallons of untreated or partially treated wastewater have spilled into neighborhoods and the Pearl River. Just two weeks ago, we successfully moved the district court to approve another interim order that will ensure that some repairs are made to the sewer system in the near term to address these sewage overflows.
The kind of inequity and injustice that the people of Jackson have suffered goes against everything we stand for as a nation. But it persists. So, this Administration is taking action toward its ambitious environmental justice goals. ENRD’s role in that process is central.
Case in point: in May of last year, the Department of Justice established an Office of Environmental Justice and housed it within ENRD. Our new office acts to engage the entire Department in the collective pursuit of environmental justice, so that ENRD and the Department as a whole do our best to protect overburdened and underserved communities and to promote fair and equal treatment and meaningful involvement of all people in the decision-making that affects their lives. The Office of Environmental Justice has been very active—look, for instance, to how it has been training the environmental justice coordinators that every one of the 94 U.S. Attorney’s Offices have appointed.
Another demonstration of our commitment is the Department’s Comprehensive Environmental Justice Enforcement Strategy. This strategy establishes four principles that will guide the advancement of environmental justice through federal enforcement. These principles are that we will: prioritize cases that will reduce public health and environmental harms to overburdened and underserved communities; make strategic use of all available legal tools to address environmental justice concerns; ensure meaningful engagement with impacted communities; and promote transparency in our environmental justice enforcement. The strategy is on our website, as will be the annual report that we are releasing today; I hope you’ll take a look.
That report has much more, but here are some examples of the Department’s environmental justice work.
Earlier this year, the Department launched the Puerto Rico and U.S. Virgin Islands Environmental Crimes Task Force to investigate and prosecute violations of federal environmental law in that region. This task force will leverage resources from many federal agencies to aggressively prosecute environmental crimes and associated fraud, waste, and abuse. We’re working with the U.S. Attorney’s Office and more than fifteen federal agencies to consider a wide range of potential violations, ranging from oil or chemical spills to issues involving air quality or toxic waste.
Among many specific case examples I could highlight, ENRD has also recently filed Clean Water Act claims against the City of Baytown, Texas for hundreds of instances of untreated sewage discharge into waterways in and around the City. In that case we seek injunctive relief and penalties, with the goal of ensuring that the Baytown community has access to clean water.
I should emphasize, though, that the Department’s environmental justice efforts are not limited to ENRD’s cases. Several months ago, for instance, the Civil Rights Division secured a settlement in its environmental justice investigation into the City of Houston’s response to illegal dumping in Black and Latino Neighborhoods.
The Department’s environmental justice strategy also recognizes the need to prioritize enforcement that addresses the unique impacts that tribal communities may face, including impacts to treaty rights, water, land, or other resources needed to support tribal sovereignty and homelands. Over the past year, with the Department’s Office of Tribal Justice, ENRD has convened three summits with various federal agencies and tribal governments to discuss how the federal government and tribes can more effectively work together on these issues.
So here’s the takeaway for those who deal with compliance matters. Our enforcement decisions take into account the imperative to advance environmental justice. We are listening to concerns expressed in historically overburdened and underserved communities across the country and are actively seeking to address those concerns. We encourage industry clients to be sure they are listening to neighboring communities and meeting their obligations under federal environmental law. The failure to do so could result in federal enforcement.
This brings me to my last big topic—climate. In Executive Order 14,008, President Biden directed the United States Government to “combat the climate crisis with bold, progressive action that combines the full capacity of the Federal Government with efforts from every corner of our Nation…”
ENRD is doing its part, hand-in-hand with client agencies and our state, local, and tribal partners. For example, ENRD will partner with EPA on the new National Enforcement and Compliance Initiatives and Climate Enforcement and Compliance Strategy that Assistant Administrator Uhlmann mentioned yesterday.
Where available, we will use statutory authority directed at specific greenhouse gases. But existing law also enables us to enforce violations that indirectly result in excess greenhouse gases, and to seek remedies that will ensure future compliance, notwithstanding the growing threats of drought, extreme temperatures, wildfires and flooding.
So, what we consider ENRD “climate” cases has a fairly flexible definition, covering three broad categories of matters: first, affirmative litigation to mitigate greenhouse gas emissions; second, affirmative litigation to otherwise protect natural resources and the environment against climate-related threats; and third, climate-related defensive litigation. Let’s take a quick look at each of these areas.
First, in the most classic “climate case” typology, we bring affirmative enforcement actions that reduce, or promote absorption of, greenhouse gas emissions. Many types of sources generate pollution contributing to climate change, including petrochemical plants, cement kilns, fossil-fuel power plants, refrigerants and foam insulation, oil and gas production, refineries, landfills and mobile sources. ENRD’s docket includes many cases against such sources under the pollution control statutes administered by EPA, especially the Clean Air Act.
For example, this April, we announced settlements under which three natural gas processors agreed to pay over $9 million in penalties and to make improvements to prevent leaks and emissions at 25 natural gas processing plants and 91 compressor stations in 12 states and Indian Country. Once fully implemented, the agreements will reduce greenhouse gas emissions by more than 50,000 tons per year.
One growing field of enforcement involves HFCs, greenhouse gases hundreds to thousands of times more potent than carbon dioxide. In 2020, Congress enacted the bipartisan American Innovation and Manufacturing Act, providing EPA with new authority to phase down the production and consumption of HFCs.
To help ensure the integrity of the program and a rigorous and timely phasedown, ENRD participates in a multi-agency enforcement and prosecution initiative to prevent the illegal trade, production, use, and sale of HFCs, along with EPA and the Departments of Homeland Security, State, and Defense. We expect to see even more case referrals from our key client agencies as the initiative ramps up.
And we have affirmative case work enforcing laws that protect critical carbon “sinks” like wetlands and forests, which absorb greenhouse gases and slow climate change. We bring actions under the Clean Water Act to respond to illegal filling of wetlands without a required permit. We also work in the international arena to reduce deforestation worldwide, including through criminal prosecutions under the Lacey Act and other criminal statutes to counter trade in illegally harvested timber.
Indeed, ENRD has prioritized investigating and prosecuting timber trafficking offenses. The Division’s Environmental Crimes Section partners regularly with U.S. Attorneys’ offices to prosecute cross-boundary offenses. Our successful prosecutions to date have yielded the highest ever fine for timber trafficking, in a case against Lumber Liquidators; restitution to foreign countries like Peru for timber illegally sourced from their countries; and many lessons about how trafficking works, and how we can stop it.
The Division has also focused on developing relationships with foreign governments and strengthening their ability to detect and prosecute these offenses. Because these crimes cross boundaries, it is essential that U.S. and foreign enforcement personnel understand our mutual legal frameworks, how they complement each other, and how each country and its economy and natural resources affect the global supply chain.
This April, the Department formalized some of this work, announcing the formation of a Timber Working Group. It is an interagency collaboration created to target available resources across the federal government to identify and investigate complex timber trafficking cases domestically and transnationally; to develop new tools and techniques to investigate and prosecute timber trafficking cases; and to build the ability of partner governments worldwide to combat this devastating illegal trade.
That brings me to the second broad category of climate cases I mentioned: affirmative litigation to protect wildlife and natural resources. These cases may include claims on behalf of Indian tribes or federal agencies to secure water rights as well as reserved treaty, hunting, fishing and gathering rights on behalf of tribes. These are all resources under increasing threat from the effects of climate change—increasing temperatures, drought, and more.
And in the final broad category, ENRD’s docket contains an increasing number of cases defending greenhouse gas emissions regulations and controls; agency actions in support of the conversion to cleaner energy; and various policy and management decisions to protect sensitive resources.
For example, last month, after extensive briefing, ENRD participated in oral arguments defending two significant EPA actions under the Clean Air Act with climate implications. On September 14 and 15, the D.C. Circuit heard oral arguments in Texas v. EPA, a challenge to EPA’s 2021 regulations prescribing greenhouse gas emission standards for passenger cars and light trucks; and then Ohio v. EPA, a challenge to EPA’s waiver of Clean Air Act preemption to allow California to operate its pre-existing vehicle emissions program, including its zero-emission vehicle and greenhouse gas standards.
In closing, it is obviously an exciting and important time to be an environmental lawyer. I know I am excited to be at ENRD as we hope to undertake even more of this vital work in the years ahead.
Thank you very much.
Two Former Tennessee Department of Corrections Officers Plead Guilty for Their Roles in the Assault of an InmateRead the Press Release
Two former tactical officers for the Tennessee Department of Corrections Strike Force pleaded guilty for their roles in the assault of an inmate and the cover up that followed at Northwest Correctional Complex in Tiptonville, Tennessee.
Javian Griffin, 38, of Nashville pleaded guilty yesterday to using unlawful force on an inmate and to providing false information in his official report for the incident. His co-defendant, Sebron Hollands, 33, of Clarksville pleaded guilty last week to providing false information in his official report regarding the same incident.
“These two defendants used their power as correctional officers to engage in criminal conduct that victimized a person in state custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to hold accountable correctional officers who assault inmates and then try to cover up their criminal conduct.”
“We look to corrections officers to keep prisons safe and secure and to carry out their duties with the utmost integrity,” said U.S. Attorney Kevin G. Ritz for the Western District of Tennessee. “Instead of upholding and enforcing the oath he took, this officer used his position of authority to violate an inmate’s rights and then conceal the harm he caused. No correctional officer is above the law. This office’s National Security and Civil Rights Unit will continue to prioritize the prosecution of public employees who violate the civil rights of others.”
“Correctional officers who abuse their authority and harm or cover up harm to inmates whose safety they are charged with undermine the criminal justice system as a whole,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people and will aggressively investigate and bring to justice any officer who violates the civil rights of those they are sworn to protect.”
According to court documents, Griffin admitted that he punched an inmate, identified as K.W., in the head without justification, breaking his jaw. Griffin admitted that at the time he punched K.W., the inmate did not resist or pose a threat justifying his use of force. Griffin and Hollands each admitted that they provided false information in their official reports to obstruct the investigation of the incident.
Pursuant to the plea agreement, the parties agreed to jointly recommend that Griffin serve a 48-month prison sentence. Hollands faces a maximum penalty of 20 years in prison for his false report. Sentencing is scheduled for Griffin on March 5, 2024. Sentencing is scheduled for Hollands on Jan. 19, 2024. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Memphis Field Office investigated this case.
Assistant U.S. Attorney David Pritchard for the Western District of Tennessee and Trial Attorneys Andrew Manns and Matthew Tannenbaum for the Justice Department’s Civil Rights Division prosecuted the case.
Justice Department and Consumer Financial Protection Bureau Issue Joint Statement Cautioning that Financial Institutions May Not Use Immigration Status to Illegally Discriminate Against Credit ApplicantsRead the Press Release
The Justice Department and Consumer Financial Protection Bureau (CFPB) issued a joint statement today that reminds financial institutions that all credit applicants are protected from discrimination on the basis of their national origin, race and other characteristics covered by the Equal Credit Opportunity Act (ECOA), regardless of their immigration status. The Justice Department and CFPB are issuing this statement because consumers have reported being rejected for credit cards as well as for auto, student, personal and equipment loans because of their immigration status, even when they have strong credit histories and ties to the United States and are otherwise qualified to receive the loans.
While the ECOA allows a creditor to consider an applicant’s immigration status when necessary to ascertain the creditor’s rights regarding repayment, creditors should be aware that unnecessary or overbroad reliance on immigration status, including when that reliance is based on bias, may run afoul of the law.
“Lenders should not deny people the opportunity to take out a loan to buy a home, build their businesses or otherwise pursue their financial goals because of unlawful bias and without regard to their actual ability to repay,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This guidance reminds lenders that denying someone access to credit based solely on their actual or perceived immigrant status may violate federal law.”
“Fair access to credit is crucially important for building wealth and strengthening household financial stability,” said CFPB Director Rohit Chopra. “The CFPB will not allow companies to use immigration status as an excuse for illegal discrimination.”
Some financial institutions have maintained blanket policies denying credit to individuals based on their immigration status, regardless of their personal circumstances and demonstrated ability to repay, arguing that the ECOA, and the regulation that implements it, protect them whenever they consider immigration status in making a credit decision. Others have incorrectly claimed that the Act shields lenders from liability under other federal and state civil rights laws that bar discrimination on the basis of someone’s status as an immigrant or noncitizen.
The joint statement explains that while the ECOA allows creditors to consider immigration status when necessary to ascertain the creditor’s rights regarding repayment, unnecessary or overbroad reliance on immigration status may violate the Act’s prohibition of discrimination on the basis of national origin, race or another prohibited basis. The joint statement also confirms that neither the ECOA nor its regulations provide companies a safe harbor with respect to other laws barring discrimination on the basis of immigration status.
Read today’s joint statement.
The Civil Rights Division enforces federal laws that protect individuals from discrimination based on your race, color, national origin, disability status, sex, religion, familial status or loss of other constitutional rights. If you believe your civil rights, or someone else’s, have been violated, submit a report using our online form.
The CFPB is a 21st century agency that implements and enforces federal consumer financial law and ensures that markets for consumer financial products are fair, transparent and competitive. For more information, visit consumerfinance.gov.
Consumers can submit complaints about financial products or services by visiting the CFPB’s website or by calling (855) 411-CFPB (2372). Employees who believe their companies have violated federal consumer financial protection laws are encouraged to send information about what they know to [email protected]. To learn more about reporting potential industry misconduct, visit the CFPB’s website.
IRS Contractor Pleads Guilty to Disclosing Tax Return Information to News OrganizationsRead the Press Release
An IRS contractor, Charles Littlejohn, 38, of Washington, D.C., pleaded guilty today to disclosing tax return information without authorization.
“By using his role as a government contractor to gain access to private tax information, steal that information, and disclose it publicly, Charles Littlejohn broke federal law and betrayed the public’s trust,” said Attorney General Merrick B. Garland. “In every case, the Department of Justice is committed to following the facts wherever they lead and holding accountable those who violate our laws.”
“The unauthorized theft and disclosure of tax return information by government employees or contractors is a serious breach of the public’s trust,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The Department will hold accountable those who illegally exploit their access to sensitive personal information.”
“The Treasury Inspector General for Tax Administration (TIGTA) is dedicated to conducting comprehensive investigations of criminal activity that impacts federal tax administration. The American people have every right to expect the utmost integrity from those who are granted access to sensitive taxpayer information through their employment with the IRS. TIGTA stands ready to investigate, pursue, and bring to justice any individuals, whether they be employees, contractors, or unaffiliated outside parties who abuse IRS’s systems, steal taxpayer information, and/or illegally disclose taxpayer information,” said Deputy Inspector General for Investigations Trevor Nelson of TIGTA. “TIGTA is committed to investigating and bringing to justice those individuals who illegally disclose taxpayer information. I want to thank TIGTA special agents, the Department of Justice Public Integrity Section, and the U.S. Attorney’s offices for their hard work in their commitment to this goal.”
According to court documents, Littlejohn, while working at the IRS as a government contractor, stole tax return information associated with a high-ranking government official (Public Official A). Littlejohn accessed tax returns associated with Public Official A – and related individuals and entities – on an IRS database after using broad search parameters designed to conceal the true purpose of his queries. He then evaded IRS protocols established to detect and prevent large downloads or uploads from IRS devices or systems. Littlejohn then saved the tax returns to multiple personal storage devices, including an iPod, before contacting News Organization 1. Between around August 2019 and October 2019, Littlejohn provided News Organization 1 with the tax return information associated with Public Official A. Littlejohn then stole additional tax return information related to Public Official A and provided it to News Organization 1. In September 2020, News Organization 1 published a series of articles about Public Official A’s tax returns.
In July and August 2020, Littlejohn separately stole tax return information for thousands of the nation’s wealthiest individuals. Littlejohn was again able to evade IRS detection. In November 2020, Littlejohn disclosed this tax return information to News Organization 2, which published over 50 articles using the stolen data. Littlejohn then obstructed the forthcoming investigation into his conduct by deleting and destroying evidence of his disclosures.
Littlejohn pleaded guilty to unauthorized disclosure of tax return and return information. He is scheduled to be sentenced on Jan. 29, 2024, and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
TIGTA investigated the case.
Trial Attorneys Lauren Castaldi and Jonathan E. Jacobson of the Justice Department’s Public Integrity Section are prosecuting the case, with substantial assistance from Assistant U.S. Attorney Eleanor Hurney for the Northern District of West Virginia.
If you believe you are a victim in this case, please contact the Public Integrity Section by email at [email protected]. Victims can find case updates and additional information at www.justice.gov/criminal-vns/case/united-states-v-charles-littlejohn.
Former Indiana Police Officers Sentenced for Civil Rights Violations in Assault of Handcuffed DetaineeRead the Press Release
A former police officer with the Elkhart Police Department, Joshua Titus, 34, was sentenced today to one year and one day in federal prison followed by one year of supervised release for his role in assaulting a handcuffed detainee in his custody.
On Dec. 8, 2022, Titus’s co-defendant, former Elkhart Police Officer Cory Newland, 40, was sentenced to 15 months in prison for his role in the same offense. Titus and Newland were both sentenced by District Court Judge Phillip P. Simon in the Northern District of Indiana after pleading guilty to their respective roles in the assault.
“When officers abuse their power by assaulting handcuffed and defenseless arrestees, it erodes the public trust and tarnishes the reputation police officers everywhere,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “No one is above the law, and the Justice Department will continue to ensure that officers who violate the rights of individuals in their custody are held accountable.”
“To have effective law enforcement, the public must be confident that the officers will perform their duties consistently, within the boundaries of the constitution and federal law,” said U.S. Attorney Clifford D. Johnson for the Northern District of Indiana. “Instead of honoring their duties by protecting and serving the public, these defendants engaged in criminal behavior. When this happens, my office will fulfill our duties by vigorously prosecuting those officers.”
“The majority of law enforcement officers are well trained professionals who uphold their oath to serve and protect and do so with the utmost integrity. But the few who violate that oath and betray public trust will be held accountable,” said Acting Special Agent in Charge Robert “Alex” Middleton of the FBI Indianapolis Field Office. “There is no acceptable level of abuse of power and the FBI will vigorously investigate those officers who violate that oath.”
According to court documents, on Jan. 12, 2018, while on duty, Newland assisted in the arrest of an individual identified by the initials M.L. and transported him to the booking area at the police department. Once at the police department, M.L. was placed in a chair with his hands handcuffed behind his back, with both arms behind the back of the chair. While seated in the chair, M.L. spat in the direction of Newland, at which point both Titus and Newland began punching M.L. in the face, causing him to fall backwards onto the concrete floor. Titus and Newland then hunched over M.L. and punched him approximately 10 more times in the face and body. Both former officers have acknowledged that they knew at the time of the assault that their use of force on M.L. was unjustified and unlawful under the circumstances.
The FBI Indianapolis Field Office investigated this case.
Trial Attorney Katherine G. DeVar of the Justice Department’s Civil Rights Division and General Crimes Unit Chief Abizer Zanzi for the Northern District of Indiana prosecuted the case.
CEO Pleads Guilty to Transnational Scheme Involving Foreign Exchange and Cryptocurrency Futures ContractsRead the Press Release
A former chief executive officer of an investment firm pleaded guilty yesterday to a “cherry-picking” scheme, in which he fraudulently misappropriated profitable trades to himself, and saddled his investors with losses.
According to court documents, Peter Kambolin, 48, a U.S.-Russian national of Sunny Isles Beach, Florida, was the owner and chief executive officer of Systematic Alpha Management LLC (SAM), an investment firm that Kambolin marketed as offering algorithmic trading strategies involving futures contracts. Between January 2019 and November 2021, Kambolin, who at the time was a commodity trading advisor and a commodity pool operator, engaged in a cherry-picking scheme in which he fraudulently allocated profits and losses from futures trades in a manner designed to benefit his own accounts unfairly at the expense of his clients. Kambolin also misrepresented to his clients that SAM employed trading strategies focused on cryptocurrency futures contracts and foreign exchange futures contracts, when in reality, approximately half of Kambolin’s trading in each pool involved equity index futures contracts. In doing so, Kambolin defrauded investors located in the United States and abroad by, among other things, depriving them of profitable trades. Kambolin used the proceeds of the scheme to fund personal expenses, including rent for a beachfront apartment, and transferred proceeds to foreign bank accounts his co-coconspirator controlled in Belarus and Dominica.
“The defendant breached client trust for personal profit,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “This conduct undermines investor confidence in the commodities markets. This plea demonstrates that the Justice Department will not allow financial advisors to place their self-interest ahead of clients, including by cherry-picking trades. It also underscores the Justice Department’s commitment to using data analytics to prosecute wrongdoing in the financial markets.”
During the relevant period, Kambolin executed trades for pool participants together with trades he executed on behalf of his proprietary accounts, and fraudulently allocated the profits and losses of the trades to benefit his own accounts.
“Yesterday’s plea recognizes the importance of holding the defendant accountable for his actions in misleading and defrauding investors through a cherry-picking scheme, and using proceeds from the scheme to fund his own personal lifestyle,” said Assistant Inspector General for Investigations Shimon R. Richmond of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG). “The FDIC-OIG remains committed to working with our law enforcement partners to protect investors and the nation’s banking system from individuals who commit such egregious financial crimes.”
Kambolin pleaded guilty to conspiracy to commit commodities fraud. He faces a maximum penalty of five years in prison. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FDIC-OIG is investigating the case. The Commodity Futures Trading Commission previously charged Kambolin and SAM by complaint.
Trial Attorney Matt Kahn of the Criminal Division’s Fraud Section is prosecuting the case.
Attorney General Merrick B. Garland Statement Following Meeting with President Biden and National Security Team on Terrorist Attacks in IsraelRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland after his meeting with the President and members of his national security team regarding the terrorist attacks on Israel:
“Hamas’ horrific terrorist attacks on Israel mark the deadliest massacre of Jews since the Holocaust. My heart is with the families whose loved ones have been killed and those whose loved ones are still missing.
“Since these attacks began, the Justice Department has focused on working with the families of missing Americans to locate their loved ones. We continue to work on the return of all missing Americans, including those believed to be taken hostage.
“The Justice Department has offered assistance to the Israeli government, including through the FBI’s Critical Incident Response Group (CIRG), Operational Technology Division (OTD), and Laboratory Division. These highly trained hostage rescue specialists and other experts stand ready to advise their Israeli counterparts to help locate and bring home missing U.S. citizens.
“In addition, the FBI’s Victim Services Division will continue to coordinate with the State Department to provide support and information to the loved ones of Americans who are missing. For assistance or to report information about missing Americans, call the FBI at 1-800-CALL-FBI.
“And, as always, we remain focused on the threat terrorism poses to our country. Today, I briefed President Biden and his national security team on the Justice Department’s dedication of critical resources to monitor the potential threat of terrorism here at home.”
New York Auto Repair Shop Owner Pleads Guilty to Tax FraudRead the Press Release
A New York man pleaded guilty today to conspiring to defraud the United States relating to his efforts to conceal income from the IRS.
According to court documents and statements made in court, Aniello Strocchia, of Maspeth, owned and operated an auto repair shop. From 2013 to 2017, Strocchia, along with others, cashed more than $1.3 million in checks payable to his auto shop at check-cashing businesses instead of depositing those funds into the business’ bank account. Strocchia concealed the check-cashing activity from his tax return preparers which resulted in the filing of false tax returns that underreported the auto repair shop’s gross receipts and ordinary business income, as well his total personal income. Strocchia used the unreported income on personal expenditures, including luxury car purchases and approximately $500,000 in extensive home renovations.
If convicted, Strocchia 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 Breon Peace for the Eastern District of New York made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Matthew Cofer and Ann M. Cherry of the Tax Division are prosecuting the case.