District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Justice Department Secures Agreement in Tennessee School Desegregation CaseRead the Press Release
The Justice Department announced today that it has secured an agreement to improve and expand educational opportunities for students in the Fayette County School District in Tennessee. The consent order was approved by U.S. District Court Judge S. Thomas Anderson for the Western District of Tennessee as part of a longstanding school desegregation case.
Under the consent decree, the school district will improve its practices for identifying and serving students in its gifted programs and in dual enrollment classes, which give high school students access to college-level coursework; bolster efforts to recruit and retain diverse faculty; and revise student discipline policies to prevent racial discrimination and support a positive climate, including by ending the use of corporal punishment.
“School desegregation and equal access to a quality education was critically important nearly 70 years ago when the Supreme Court decided Brown v. Board, and it is critically important today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains steadfast in our commitment to making real the promise of Brown and dismantling the legacy of discrimination in our schools. This consent decree is a giant step forward for students deserving of racially just and equitable outcomes in Fayette County Schools. These reforms will expand access to enriched academic opportunities and give students the positive, inclusive learning environment they need to thrive.”
As part of the consent decree, the court declared the district had met its desegregation obligations in several areas of operations, including staff assignment, facilities, transportation and extracurricular activities. The consent decree also provides that the district will, among other requirements:
- Work with the Justice Department and private plaintiffs represented by the NAACP Legal Defense Fund to develop an effective and sustainable student assignment policy to further desegregation in its schools;
- Adopt a plan to ensure that all students, including Black students, are properly identified for enrollment in its gifted program and that the district delivers gifted services to properly designated students in a nondiscriminatory manner;
- Review its enrollment in advanced and dual enrollment courses in secondary schools to identify any racial disparities and implement practicable responses designed to reduce barriers that limit the participation of Black students;
- Work with a consultant to implement changes to its student discipline policies designed to reduce racial disparities in discipline, and instill positive reinforcement techniques;
- Eliminate the use of corporal punishment, a practice that undermines effective implementation of positive behavioral interventions; and
- Conduct a comprehensive review of the district’s hiring policies and procedures to identify racial disparities in the recruitment, hiring, promotion and retention of Black faculty and implement appropriate remedial measures.
Next year marks the 70th anniversary of the U.S. Supreme Court’s decision in Brown v. Board of Education. The Justice Department’s Civil Rights Division continues to prioritize enforcement of desegregation orders in school districts formerly segregated by law, to ensure that all children can access the building blocks of educational success. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/report.
fayette_consent_order.pdfNevada Return Preparer Pleads Guilty to Filing False Tax ReturnsRead the Press Release
A Nevada woman pleaded guilty on Friday to assisting in the preparation of false income tax returns.
According to court documents and statements made in court, from 2015 to 2020, Jessica Avras operated a Las Vegas tax preparation business. During that time, Avras prepared and filed false returns that fraudulently reduced the income tax owed and/or inflated the tax refunds due to her clients. Avras routinely reported fictitious businesses that had significant purported losses or reported fabricated deductions, including noncash charitable contributions and sales taxes. Avras admitted that her conduct caused a tax loss to the IRS of approximately $525,000.
Avras is scheduled to be sentenced on Jan. 4, 2024, and faces a maximum penalty of three years in prison. She also faces a period of supervised release and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jason M. Frierson for the District of Nevada made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Thomas Flynn and Samuel Robins of the Tax Division are prosecuting the case.
Man Convicted in $67M “Doctor Chase” Genetic Testing Fraud SchemeRead the Press Release
A federal jury in Fort Pierce, Florida, convicted a Florida man on Oct. 6 for his role in a scheme to defraud Medicare of over $67 million by tricking physicians into authorizing thousands of genetic tests that were completely unnecessary and not used in the treatment of the Medicare beneficiaries who took them.
According to court documents and evidence presented at trial, Jose Goyos, 37, of West Palm Beach, managed a call center that engaged in deceptive telemarketing calls targeting thousands of Medicare beneficiaries and their physicians. Goyos and his co-conspirators managed the so-called “doctor chase” division of the call center, which contacted the primary care physicians of targeted Medicare beneficiaries and tricked these medical providers into ordering and authorizing medically unnecessary genetic tests based on medical paperwork that the call center created. For example, Goyos directed call center employees to falsely represent to providers that the Medicare beneficiaries were “mutual patients” who requested these genetic tests, and that the beneficiaries had medical conditions justifying genetic testing, when neither statement was true.
Goyos and his co-conspirators then used those doctors’ authorizations to submit claims to Medicare for the expensive and unnecessary genetic tests. In reality, the labs were shells; they had no equipment, did not conduct a single test, and had no lab personnel. Goyos and his co-conspirators referred all the genetic tests to other labs, which conducted them at a small fraction of the price that Goyos and his co-conspirators charged to Medicare. Finally, after the tests were conducted, the results often were not sent to the Medicare beneficiary’s primary care physicians and were not used in the treatment of the beneficiary.
In total, between June 2020 and July 2021, Goyos and his co-conspirators submitted over $67 million of these false and fraudulent claims to Medicare, of which Medicare paid over $52 million.
The jury convicted Goyos of conspiracy to commit wire fraud and conspiracy to commit money laundering. He is scheduled to be sentenced on Dec. 21. He faces a maximum penalty of 20 years in prison for the conspiracy to commit wire fraud count and 10 years in prison for the conspiracy to commit money laundering count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
To date, 20 other defendants have pleaded guilty in the scheme to various charges, including the leaders of the scheme – Daniel M. Carver, Thomas Dougherty, and John Paul Gosney Jr. – who are scheduled to be sentenced in December.
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 Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
The FBI and HHS-OIG investigated the case.
Trial Attorneys Patrick J. Queenan, Reginald Cuyler Jr., and Andrew Tamayo of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, 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.
Readout of the Justice Department’s Meeting on Law Enforcement and Media Interactions During Mass DemonstrationsRead the Press Release
On Tuesday, Oct. 3, the Justice Department's Office of Community Oriented Policing Services (COPS) Office and the Reporters Committee for Freedom of the Press convened a meeting of law enforcement executives and members of the press, facilitated by the Police Executive Research Forum (PERF), to discuss recommendations for law enforcement interactions with journalists during protests and mass demonstrations. The discussion was prompted by a request from the Reporters Committee, which expressed the need for concrete, specific suggestions that would account for both the important role of the working press in a functioning democracy, as well as the challenge of policing large protests and demonstrations.
Associate Attorney General Vanita Gupta, who asked the COPS Office to convene the meeting, addressed the participants saying, “Each of you in this room has a difficult job. Journalists are entrusted with uncovering truth, holding those in power accountable, and providing the public with the information they need to make informed decisions. Law enforcement officers are constantly balancing their mandate to preserve public safety and fight crime, with the imperative to work constantly and consistently to build trust and maintain positive relationships with the communities they serve.” Associate Attorney General Gupta went on to say that “[t]he recommendations that come from today’s discussion, and the many conversations leading up to this event, will without a doubt accrue to everyone’s benefit.”
Last year, the department issued recommendations for law enforcement related to First Amendment issues in the context of mass demonstrations, but yesterday’s discussion focused specifically on best practices for law enforcement interactions with journalists.
The group discussed issues including safeguarding First Amendment rights, the identification of members of the news media during protest activity, the utility in a persistent point of contact for open communication between press and police during protest activity, the importance of developing relationships between the press and police in advance of demonstrations, the need for a “playbook” before a planned event, the challenges brought about by social media, and more. The result of the discussion will be a series of recommendations that will be widely disseminated by the Justice Department, law enforcement organizations, and the media.
In addition to the Associate Attorney General, attendees included COPS Office Director Hugh Clements, other Justice Department officials and COPS Office staff; representatives of the Reporters Committee; journalists, editors and senior managers from major broadcast and print outlets; and law enforcement executives from across the country.
Former Kentucky Sheriff’s Deputy Charged with Civil Rights Offenses for Excessive Force and ObstructionRead the Press Release
A federal grand jury in Lexington, Kentucky, returned an indictment today charging a former Boyle County Sheriff’s Deputy with five counts of deprivation of rights under color of law, one count of falsification of records and one count of conspiracy.
According to court documents, during 2021, then-Sheriff’s Deputy Tanner M. Abbott, 30, of Danville, Kentucky, violated the civil rights of five people by using excessive force while arresting them. During one of these arrests, Abbott also conducted an illegal warrantless search of a hotel room. The indictment further alleges that on two occasions, Abbott obstructed justice by writing and conspiring with another person to write false police reports to conceal his misconduct.
The civil rights charges each carry a maximum penalty of 10 years in prison. The falsification of records charge carries a maximum penalty of 20 years in prison. The conspiracy charges carry 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.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky and Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office made the announcement.
Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky and Trial Attorney Alec Ward 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.
abbott_indictment_october.pdfOhio Man Charged with Operating Illegal Gambling Businesses and Tax FraudRead the Press Release
A federal grand jury in Cleveland returned a superseding indictment today charging Steven Saris of Canton, Ohio, with operating illegal gambling businesses (IGBs), tax evasion, conspiracy to defraud the United States, willful failure to collect and pay over employment taxes, money laundering and an obstruction-related offense. Saris was previously indicted and charged with one count of owning and operating an IGB.
According to the superseding indictment, from 2012 through 2022, Saris owned and operated multiple IGBs in Ohio, including Café 62, Lucky’s, Winner’s World, Spin City and an IGB located in Springfield, Ohio. He allegedly concealed his involvement in these IGBs by having others serve as the nominee owners of the businesses. Saris allegedly did not file personal income tax returns with the IRS for 2016 through 2021 even though he allegedly received more than $4 million in income from the IGBs. To further conceal his involvement in and income from the IGBs, Saris allegedly destroyed and directed others to destroy business records associated with each IGB. The indictment further alleges that Saris paid IGB employees in cash and did not account for or pay over employment taxes.
The indictment alleges that Saris lied to investigators about his ownership and involvement in Winner’s World and attempted to prevent investigators from finding and taking his cell phone during the execution of a search warrant at his home by allegedly concealing it inside the water tank of a toilet.
If convicted, Saris faces a maximum penalty of five years in prison for each count of tax evasion, illegal gambling business, conspiracy, employment tax and destruction and removal of property to prevent seizure; he faces a maximum penalty of ten years in prison for each money laundering count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio made the announcement.
IRS-Criminal Investigation; the Stark County, Ohio, Prosecutor’s Office; the U.S. Department of Treasury Office of Inspector General; Homeland Security Investigations; the Ohio Casino Control Commission and the Ohio Organized Crime Investigations Commission, Major Crimes Task Force are investigating the case.
Trial Attorney Sam Bean of the Tax Division and Assistant U.S. Attorney Aaron Howell for the Northern District of Ohio 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.
Jury Convicts Long Island Fishing Captain of Conspiracy, Mail Fraud and Obstruction of JusticeRead the Press Release
A federal jury in Central Islip, New York, convicted a Long Island fisherman today for crimes associated with his captainship of the trawler New Age from 2014 to 2017. The jury unanimously convicted Christopher Winkler of Montauk, New York, of one count of federal criminal conspiracy, two counts of mail fraud and two counts of obstruction of justice.
On at least 200 fishing trips, Winkler targeted summer flounder (fluke) and black sea bass and harvested those fish in excess of quotas and state trip limits. He also falsified Fishing Vessel Trip Reports (FVTRs) for those trips. His co-conspirators falsified corresponding dealer reports. Both sets of false documents were used to cover up fish that Winkler took in excess of quotas.
Photo of a man and the fishing vessel New Age, taken from surveillance footage. Image was presented as exhibit 9209 during trial in U.S. v. Christopher Winkler, case no. 2:21-cr-00217 in the Eastern District of New York.“Fluke and black sea bass play a vital part in our marine ecosystem and quotas are designed to prevent overfishing and stabilize populations for the public good,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will continue to seek justice against those who flout laws that protect fisheries and the fishing industry.”
“While most U.S. fishermen follow the law, some still feel that they are above it,” said Michael Henry, Acting Assistant Director of NOAA's Office of Law Enforcement, Northeast Division. “It is our job to protect honest fishermen and good actors and this verdict should serve as a reminder that those who break the rules will be held accountable.”
Fishing quotas for fluke and black sea bass were designed by the National Oceanic and Atmospheric Administration (NOAA) and the New York Department of Environmental Conservation to ensure a long-term, sustainable population of the fish. As part of the fisheries management plan, NOAA requires fishing captains like Winkler to accurately complete an FVTR at the end of each fishing trip. Winkler was required to declare his catch – which included fish species and weights – to NOAA and the State of New York. To cover up his illicit harvest and landings, Winkler falsified approximately 200 FVTRs that he then mailed to NOAA.
Similarly, a fish dealer – which is the first company that buys fish directly from a fishing vessel –must specify what it purchases on a federal form known as a dealer report. NOAA uses this information to set policies designed to provide for biologically and economically viable fish stocks. Winkler sold illegal fish to three fish dealers. Because a mismatch between FVTRs and dealer reports would have alerted fisheries statisticians and enforcement personnel, Winkler’s co-conspirators falsified dealer reports to cover up that fish were taken in excess of quotas. The entire scam netted an overharvest of approximately 200,000 pounds of fluke and black sea bass, valued conservatively at least at $750,000 (wholesale).
In a related case, Bryan Gosman and Asa Gosman of Bob Gosman Co. Inc. – a Montauk-based fish dealer – previously pleaded guilty to a charge of criminally conspiring with Christopher Winkler in November 2021. They testified at the trial against Winkler. It was revealed during the trial that Bryan Gosman had served as a lookout for Winkler on at least 16 occasions during the conspiracy, often communicating by text before the defendant arrived at the dock.
Sentencing for all three defendants will be scheduled by the court.
NOAA’s Office of Law Enforcement investigated the case as part of Operation One-Way Chandelier.
Christopher L. Hale and Kenneth Nelson of the Justice Department’s Environmental Crimes Section prosecuted the case, with logistical support from the U.S. Attorney’s Office for the Eastern District of New York.
Attorney General Merrick B. Garland Statement on Transfer of Forfeited Munitions to UkraineRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland on the transfer of approximately 1.1 million 7.62mm rounds to the Ukrainian armed forces. The U.S. Government obtained ownership of these munitions on July 20, through the Justice Department’s civil forfeiture claims against Iran’s Islamic Revolutionary Guard Corps (IRGC). The munitions were originally seized by U.S. Central Command naval forces from the transiting stateless dhow MARWAN 1, on Dec. 9, 2022. The munitions were being transferred from the IRGC to the Houthis in Yemen in violation of the United Nations Security Council Resolution 2216.
“With this weapons transfer, the Justice Department's forfeiture actions against one authoritarian regime are now directly supporting the Ukrainian people's fight against another authoritarian regime. We will continue to use every legal authority at our disposal to support Ukraine in their fight for freedom, democracy, and the rule of law.”
Washington Man Sentenced for Hate Crime Targeting LGBTQI+ Community at Seattle NightclubRead the Press Release
A Washington man was sentenced today in federal court for committing a hate crime in connection with an arson at a nightclub and event space in Seattle, Washington.
Kalvinn Garcia, 26, of Sedro Woolley, was sentenced to 48 months in prison followed by three years of supervised release for his bias-motivated arson at Queer/Bar, a nightclub and event space in Seattle.
According to facts admitted in his guilty plea, on Feb. 24, 2020, Garcia set fire to the contents of a dumpster in the alley directly behind Queer/Bar. Garcia was arrested only minutes after setting the fire. Garcia admitted to law enforcement that he set the fire and that he targeted Queer/Bar because it angered him to see a sign that said “queer.” Garcia also told officers, “I think it’s wrong that we have a bunch of queers in our society.” A few weeks after the incident, Garcia told a stranger that his intent in setting the fire was to trap and hurt the people inside. Garcia admitted that, through the use of fire, he willfully attempted to cause bodily injury to the occupants of Queer/Bar because of their actual or perceived sexual orientation or gender identity.
“The defendant committed an act of violence targeting innocent victims inside Queer/Bar, a known safe space for the LGBTQI+ community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Bias-motivated violence runs contrary to our values and violates our federal civil rights laws. This sentence should send the message that every person in our nation deserves equal protection under the law regardless of who they love or how they identify and that those carrying out similar acts of violence against the LGBTQI+ community will be brought to justice.”
“Mr. Garcia endangered the lives of more than 100 people because of his hatred for members of our LGBTQI+ community,” said Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington. “We work diligently with our federal, state and local partners to investigate and prosecute acts of hatred against people because of their sexuality or gender identity. This work is a priority because the effect of these hate crimes can linger in communities and traumatize the members of the targeted community for weeks, months or years after.”
“Mr. Garcia admitted to setting the fire in an effort to hurt people based on his own bias,” said Special Agent in Charge Richard A. Collodi of the FBI Seattle Field Office. “No person in the United States should fear for their safety based on their sexual orientation or gender identity. I am proud of the continued work of the FBI and our partners in protecting the civil rights of all people.”
The FBI Seattle Field Office and the Seattle Police Department investigated the case.
Assistant U.S. Attorney Will Dreher for the Western District of Washington and Trial Attorney Matthew Tannenbaum of the Civil Rights Division’s Criminal Section prosecuted the case.
For more information and resources about the department’s work to combat hate crimes, visit www.justice.gov/hatecrimes.
Justice Department to Monitor Compliance with Federal Voting Rights Laws in Alaska JurisdictionsRead the Press Release
The Justice Department announced today that it will monitor the election on Oct. 3 in certain jurisdictions in the state of Alaska to ensure compliance with the minority language accessibility requirements of the Voting Rights Act of 1965. On election day, the Civil Rights Division will be monitoring in the following jurisdictions: Dillingham Census Area, Kusilvak Census Area and North Slope Borough, Alaska.
The division regularly deploys its staff to monitor for compliance with the federal civil rights laws in elections in communities all across the country. In addition, the division also deploys monitors from the Office of Personnel Management, where authorized by federal court order.
Individuals can file complaints related to possible violations of the federal voting rights laws by a complaint form on the department’s website civilrights.justice.gov/ or by telephone toll-free at 800-253-3931. In addition, individuals may also report complaints by email to [email protected].
Visit www.justice.gov/crt/voting-section for more information about the Voting Rights Act and other federal voting rights laws.
Justice Department Announces Eight Indictments Against China-Based Chemical Manufacturing Companies and EmployeesRead the Press Release
The Justice Department today announced the unsealing of eight indictments in the Middle and Southern Districts of Florida charging China-based companies and their employees with crimes relating to fentanyl and methamphetamine production, distribution of synthetic opioids, and sales resulting from precursor chemicals.
The indictments build on prosecutions announced in June and mark the second set of prosecutions to charge China-based chemical manufacturing companies and nationals of the People’s Republic of China (PRC) for trafficking fentanyl precursor chemicals into the United States.
The indictments complement actions taken today by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) to designate 28 individuals and entities involved with the international proliferation of illicit drugs.
“We know that the global fentanyl supply chain, which ends with the deaths of Americans, often starts with chemical companies in China,” said Attorney General Merrick B. Garland. “The United States government is focused on breaking apart every link in that chain, getting fentanyl out of our communities, and bringing those who put it there to justice.”
“The international dimension to the deadly scourge of fentanyl requires the all-of-government response that we are delivering today,” said Secretary of Homeland Security Alejandro Mayorkas. “Through the dedication and investigative abilities of agents and officers from HSI, CBP, and our federal partners, we are bringing accountability to ruthless organizations and individuals resident in the People’s Republic of China and to the cartel members that seek to profit from the death and destruction that fentanyl causes.”
“The charges announced today are another down payment on the Justice Department’s pledge to every American family that has lost a loved one to fentanyl poisoning,” said Deputy Attorney General Lisa O. Monaco. “Just as we did in the fight against terrorists and cybercriminals, we are deploying a whole-of-government approach – sharing intelligence, combining resources, and relentlessly pursuing justice – to attack the global supply chain fueling the fentanyl crisis. We will not rest until we have rid our communities of this poison.”
“Fentanyl is the deadliest drug threat our nation has ever faced. These eight cases are the result of DEA’s efforts to attack the fentanyl supply chain where it starts — in China. Chinese chemical companies are fueling the fentanyl crisis in the United States by sending fentanyl precursors, fentanyl analogues, xylazine, and nitazenes into our country and into Mexico. These chemicals are used to make fentanyl and make it especially deadly,” said Drug Enforcement Administration (DEA) Administrator Anne Milgram. “DEA will not stop until we defeat this threat. We are grateful to our law enforcement partners whose collaboration and dedication have made these actions possible. I am also deeply grateful for the incredible work by the DEA Miami Field Division. Their pursuit of these organizations demonstrates the drive and determination of the men and women, who are working as one DEA, to defeat the cartels and their entire global supply chain.”
“This investigation of a narcotics trafficker utilizing counterfeit postage labels highlights the unique jurisdiction of the Postal Inspection Service,” said Chief Postal Inspector Gary R. Barksdale of the U.S. Postal Inspection Service (USPIS). “This indictment is a win in our battle against counterfeit postage and those seeking to use the nation’s mail system to distribute dangerous substances.”
The DEA led the investigations brought in both districts and used its unique authority to specially schedule protonitazene and metonitazene as Schedule I controlled substances, which was necessary as their adverse health effects, including death, pose an imminent threat to public safety. As a result of that order, the regulatory controls and administrative, civil, and criminal sanctions applicable to Schedule I controlled substances can be imposed on persons who handle or propose to handle these substances. In addition, Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP) seized more than 1,000 kilograms of fentanyl-related precursor chemicals, and the USPIS also traced packages containing the precursor chemicals mailed through the U.S. mail and analyzed their contents after seizure.
Fentanyl is the deadliest drug threat facing the United States. Not only is fentanyl 50 times more potent than heroin and 100 times more potent than morphine, a dose of as little as two milligrams can kill a grown adult. Fentanyl analogues are similar in chemical structure and effects as fentanyl. Fentanyl is the leading cause of death for Americans ages 18 to 49. From February 2022 to January, at least 105,263 Americans died of drug overdoses, the majority of which involved synthetic opioids such as fentanyl and fentanyl analogues.
Protonitazene and metonitazene are synthetic opioids that were emergency listed as Schedule I controlled substances in April 2022. There are no approved medical uses for protonitazene and metonitazene in the United States, or anywhere else in the world. Drug traffickers typically mix protonitazene and metonitazene with other opioids, such as fentanyl, to create new and more powerful cocktails of dangerous opioids. Methamphetamine overdose deaths are also surging in the United States. Methamphetamine is becoming more deadly because it is more frequently being mixed with highly potent fentanyl. There are currently no FDA-approved medications for treating methamphetamine use disorder or reversing overdoses. Drug overdose deaths involving psychostimulants, primarily methamphetamine, rose from 547 deaths in 1999 to 32,537 deaths in 2021.
The manufacture of fentanyl and methamphetamine begins with raw chemicals, known as precursors. Fentanyl and methamphetamine precursors, opioid additives, and synthetic opioids are manufactured and distributed by China-based chemical companies, many of which openly advertise on the internet. These China-based manufacturers ship fentanyl and methamphetamine precursors, opioid additives, and synthetic opioids around the world, including to the United States and Mexico, where drug cartels and traffickers combine the chemicals and then distribute fentanyl and methamphetamines throughout the United States to individual users.
These China-based chemical companies often attempt to evade law enforcement by using re-shippers in the United States, false return labels, false invoices, fraudulent postage, and packaging that conceals the true contents of the parcels and the identity of the distributors. In addition, these companies tend to use cryptocurrency transactions to conceal their identities and the location and movement of their funds.
The primary distributors of fentanyl and fentanyl analogues in North America are the Sinaloa Cartel based in Sinaloa, Mexico, and the Cartel Jalisco Nueva Generación based in Jalisco, Mexico. These two transnational criminal organizations have significant presences throughout Mexico, maintain distribution hubs in various cities across the United States, and control smuggling corridors into the United States.
Organizations such as the Sinaloa Cartel and Cartel Jalisco Nueva Generación receive fentanyl precursors from China that are then synthesized within clandestine laboratories into finished fentanyl at scale. China-based precursor chemical manufacturers ship precursors from mainland China by, among other methods, mislabeling the products being shipped and using containers and other packaging to mask their illicit contents.
Middle District of Florida
Five indictments were unsealed in the Middle District of Florida charging five Chinese corporations and eight Chinese nationals with the illegal importation of fentanyl and fentanyl-related chemicals into the United States.
According to the indictments, the defendants openly advertised their ability to thwart U.S. customs and deliver the chemicals used to make fentanyl to the Middle District of Florida and elsewhere in the United States. The defendants used fake shipping labels and special delivery procedures to ensure the illicit chemicals went undetected. The defendants played various roles, such as coordinators and suppliers, and eight defendants are also charged with international money laundering. According to the indictments, the Chinese companies demonstrated past success delivering a stable supply of product to clients in Mexico for years.
“The protection of our country from the deadly scourge of fentanyl is a key priority of the Department of Justice and my office,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We will continue to pursue cases against Chinese chemical companies who are knowingly manufacturing and exporting fentanyl precursors to profit on the pain and suffering of people in the United States. We thank our partners at the Drug Enforcement Administration for their tireless efforts in support of these prosecutions.”
Hebei Shenghao Import and Export Company, based in Shijiazhuang, Hebei Province, China, is charged with fentanyl trafficking conspiracy, along with Chinese nationals Qingshun Li, 29, who allegedly negotiates the sale of precursor chemicals and maintains a bank account for the receipt of payments; Qingsong Li, 32; and Chunhui Chen, 33, both of whom allegedly maintain cryptocurrency wallets for the remittance of payments of precursor chemicals; Chunzhou Chen, 30, who allegedly received Western Union payments on behalf of Hebei Shenghao.
Lihe Pharmaceutical Technology Company, based in Wuhan, Hebei Province, China, was charged with fentanyl trafficking conspiracy and international money laundering, along with Chinese nationals Mingming Wang, 34, who is the alleged holder for three bitcoin accounts shared by sales agents for Lihe Pharmaceutical, and Xinqiang Lu, 40, the alleged recipient of funds via Western Union on the company’s behalf.
Henan Ruijiu Biotechnology Company, based in Zhengzhou, Henan Province, China, was charged with attempted importation of fentanyl precursor and attempted international money laundering, along with Chinese national Yongle Gao, 30, who is the alleged registered owner of the bitcoin wallet associated with Henan Ruijiu.
Xiamen Wonderful Biotechnology Company, based in Xiamen, Fujian Province, China, was charged with attempted importation of fentanyl precursor and attempted international money laundering, along with Chinese national Guo Liang, 34, the alleged registered owner of the bitcoin wallet associated with Xiamen Wonderful.
Anhui Ruihan Technology Company, based in Hefei, Anhui Province, China, was charged with attempted importation of fentanyl precursor and attempted international money laundering.
DEA investigated these cases.
Assistant U.S. Attorney Daniel Baeza and Special Assistant U.S. Attorney Michael Leath for the Middle District of Florida are prosecuting the cases.
Southern District of Florida
Three indictments were unsealed in the Southern District of Florida charging three Chinese companies and four officers and employees with fentanyl trafficking, synthetic opioid trafficking, precursor chemical importation, defrauding the U.S. Postal Service, and making and using counterfeit postage.
“Targeting those who fuel the opioid epidemic, regardless of who they are and where they are operating from, is one of our district’s top priorities,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Today, we announced charges against the Chinese companies and employees that manufacture and introduce the raw chemicals at the start of the fentanyl and methamphetamine supply chain. This is only the beginning of our fight. The precursors and synthetic opioids that are being marketed, sold, and shipped to the United States and Mexico are being mixed and re-distributed into our local communities as powerful and potentially deadly cocktails of controlled substances. We commend our partner agencies for their skill and resourcefulness, as we work collectively to prosecute the sources of the poison and protect the public.”
Hanhong Medicine Technology Company, a pharmaceutical company located in Wuhan, Hubei Province, China, was charged in a four-count indictment, along with Chinese nationals Changgen Du, 30, and Xuebi Gan, 28. According to the indictment, Hanhong has exported large quantities of fentanyl precursors and non-opioid additives, like xylazine, to the United States and Mexico, including to a drug trafficker in Pennsylvania and to a drug trafficker in the Sinaloa cartel for the manufacture of fentanyl in Mexico for eventual distribution in the United States. Xylazine is often mixed with fentanyl to increase the effects of the drug for users. Xylazine is a non-opioid drug approved for veterinary use for purposes of sedation, anesthesia, muscle relaxation, and pain relief in horses, cattle, and other animals. It is not approved for human use. Many opioid users are unaware they are taking xylazine. Overdose deaths involving xylazine have steadily increased year over year. Drug users who inject xylazine, or drug mixtures containing xylazine, often develop necrotic tissue resulting in disfiguring wounds or amputation.
The Du Transnational Criminal Organization is listed on the United States Attorney General’s Consolidated Priority Organization Target (CPOT) list. The CPOT list identifies the most significant transnational criminal organizations presenting a priority threat to the United States, including those international drug and money laundering organizations affecting the illicit drug supply of the United States. The CPOT list identifies those criminal organizations by the name(s) of their leaders. Du, as the criminal organization’s leader, is the director of Hanhong and allegedly negotiates sales with customers. Gan is an alleged sales representative. Du and Gan each operated a crypocurrency wallet that accepted payment for Hanhong’s sales. The four-count indictment charges Hanhong, Du, and Gan with conspiracy to manufacture and distribute fentanyl; conspiracy to manufacture and distribute a fentanyl precursor with intent to unlawfully import it into the U.S.; manufacturing and distributing a fentanyl precursor with intent to unlawfully import it into the U.S.; and conspiracy to commit money laundering.
Jiangsu Bangdeya New Material Technology Company, a pharmaceutical company located in Jiangsu, China, was charged in an eight-count indictment, along with Jiantong Wang, 40, a Chinese national and alleged owner and operator of Bangdeya. The indictment alleges that Bangdeya advertises openly online as an export company for chemicals, including synthetic opioids protonitazene and metonitazene. The introduction of these synthetic opioids into the illicit drug market threatens to exacerbate the overdose problem in the United States. Drug traffickers typically mix protonitazene and metonitazene with other opioids, such as fentanyl, to create new and more powerful cocktails of dangerous opioids. Bengdeya has imported large quantities of these synthetic opioids into the U.S., including to a drug trafficker in the Southern District of Florida.
Bangdeya and Wang were charged with conspiracy to import protonitazene and metonitazene; conspiracy to distribute protonitazene and metonitazene; multiple counts of distribution of protonitazene; conspiracy to defraud the United States and make and use forged and counterfeited postage; and making and printing unauthorized postage meter stamps.
Hubei Guanlang Biotechnology Company, a chemical company located in Shijaizhuang, Hebei Province, China, was charged in a two-count indictment, along with Chinese national Wei Zhang, 28, who allegedly runs the day-to-day operations of the company and operates a cryptocurrency wallet that accepts payment for the company’s sales of fentanyl precursors and opioid additives.
According to the indictment, Guanlang openly advertises online and sells an array of chemicals, including methamphetamine precursors like methylamine HCL, to customers in the United States and Mexico. Methylamine HCL is an essential precursor chemical that Mexican cartels use to manufacture highly pure and potent methamphetamine. Currently, most of the methamphetamine supply in the United States is produced by drug trafficking cartels in Mexico.
Guanlang and Zhang are charged with conspiracy to manufacture and distribute a methamphetamine precursor and unlawfully import into the U.S. and conspiracy to unlawfully import a methamphetamine precursor into the U.S. with the intent to manufacture methamphetamine; and the manufacture and distribution of a methamphetamine precursor that was unlawfully imported into the United States.
The DEA Miami Field Division, HSI Miami, USPIS-Miami, IRS-CI Miami, and FBI Miami Field Office investigated these cases.
Assistant U.S. Attorney Monique Botero and Jon Juenger for the Southern District of Florida are prosecuting the cases. Assistant U.S. Attorney Michell Hyman for the Southern District of Florida is handling asset forfeiture.
The U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) provided assistance with the indictments brought in both districts.
The indictments are a result of Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. The OCDETF mission is to identify, disrupt, and dismantle the highest-level criminal organizations that threaten the United States, using a prosecutor-led, intelligence-driven, multi-agency task force approach. OCDETF synchronizes and incentivizes prosecutors and agents to lead smart, creative investigations targeting the command-and-control networks of organized criminal groups and the illicit financiers that support them. Additional information about the OCDETF Program may be found at www.justice.gov/OCDETF.
Members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force carried out this case and prosecution. HIDTA was established in 1990. This program, which is made up of federal, state, and local law enforcement agencies, fosters intra-agency cooperation among law enforcement agencies in South Florida and involves them in developing a strategy to target the region's drug-related and violent crime threats to public safety, as with the opioid epidemic, fentanyl, and the cocaine threat to our nation. The South Florida HIDTA uses the funding provided by the Office of National Drug Control Policy, out of the Executive Office of the President of the United States, that sponsors a variety of law enforcement initiatives that target the region's illicit drug and violent crime threats to our community.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
hebei_redacted_indictment_03oct2023_003_redacted.pdf mdfl_anhui_redacted_indictment_03oct2023.pdf mdfl_henan_redacted_indictment_03oct2023.pdf mdfl_lihe_redacted_indictment_03oct2023.pdf mdfl_xiamen_redacted_indictment_03oct2023.pdf sdfl_bangdeya_indictment_03oct2023.pdf sdfl_hanhong_indictment_03oct2023.pdf sdfl_hubei_guanlang_indictment_03oct2023.pdfJustice Department Secures Compensation for Servicemembers After Property Management Company Illegally Charged Lease Termination Fees at New Jersey Apartment ComplexRead the Press Release
The Justice Department announced today that JAG Management Company LLC (JAG), which manages large apartment properties in several states, agreed on Friday to pay $61,581 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA). The Justice Department’s complaint alleges that JAG imposed illegal fees on at least nine servicemembers who had exercised their right under the SCRA to terminate their leases after receiving qualifying military orders. The servicemembers were residents of the Jefferson Mount Laurel apartment complex in Mount Laurel, New Jersey. The termination fees ran as high as $2,750 per servicemember.
“Servicemembers should not have to pay any fees – much less exorbitant fees – to landlords when they are simply complying with their military orders and protecting our country,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This resolution reaffirms the Justice Department’s unwavering commitment to protecting the rights of servicemembers, veterans and their families.”
“Our office is committed to protecting the rights of servicemembers who make tremendous sacrifices on behalf of our nation,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Landlords and property managers may not unlawfully penalize members of our armed forces who are simply carrying out their duty. Through this consent order, we protect the rights of servicemembers and provide compensation to those who suffered harm when they were allegedly unlawfully charged early lease termination fees upon receiving military orders.”
The complaint filed today in the U.S. District Court for the District of New Jersey alleges that Coast Guard Lieutenant Daniel Pereira sought to terminate his lease with JAG Management after he received permanent change of station orders transferring him from Philadelphia to New London, Connecticut. Lt. Pereira provided JAG with timely written notice of his lease termination and a copy of his transfer orders before vacating his apartment. However, two months after moving, Lt. Pereira was notified – for the first time – that JAG was demanding that he repay a $2,100 rent concession he received when he signed his lease. Despite Lt. Pereira’s efforts to resolve the matter, including providing JAG with the relevant provisions of the SCRA and prior Justice Department cases on this issue, JAG reported the debt to credit reporting agencies and Lt. Pereira’s credit score was downgraded. The complaint also alleges that JAG charged illegal fees to at least eight other servicemembers, representing the U.S. Air Force, Army, Coast Guard and Air National Guard, who had exercised their right to terminate their residential leases upon receipt of qualifying military orders.
Under the terms of the proposed consent order, which was filed with the complaint and is subject to court approval, JAG Management must pay a total of $41,581 in damages to the nine servicemembers. JAG must also pay a civil penalty of $20,000 to the federal government. In addition, JAG must implement policies to ensure it complies with the SCRA, trains employees on the protections afforded by the SCRA and reports future SCRA-related complaints to the federal government.
The U.S. Attorney’s Office for the District of New Jersey and the Civil Rights Division’s Housing and Civil Enforcement Section investigated JAG Management’s leasing practices after receiving a referral from the Justice Department’s Servicemembers and Veterans Initiative.
The purpose of the SCRA is to allow servicemembers to devote their entire energy to the national defense. The SCRA provides protections to servicemembers in areas such as evictions, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, automobile leases, life insurance, health insurance and income tax payments. The SCRA also allows servicemembers to terminate their residential leases after entering military service or receiving military orders for a permanent change of station, deployment or retirement without paying a penalty or an early termination charge.
Since 2011, the department has obtained over $481 million in monetary relief for over 146,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil.
Individuals who believe their civil rights have been violated may also file a complaint with the U.S. Attorney’s Office for the District of New Jersey at www.justice.gov/usao-nj/civil-rights-enforcement/complaint or may call the U.S. Attorney’s Office’s Civil Rights Complaint Hotline at (855) 281-3339.
jag_management_complaint.pdf jag_management_consent_decree.pdfSouth Carolina Physician and Nephrology Practice Agree to Pay over $585,000 to Settle Laboratory Kickback AllegationsRead the Press Release
Moustafa Moustafa, M.D. and his medical practice, South Carolina Nephrology and Hypertension Center Inc., of Orangeburg and Bamberg, South Carolina, have agreed to pay $585,540 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute in return for referring patients for laboratory testing. Dr. Moustafa and his practice have agreed to cooperate with the Justice Department's investigations of, and litigation against, other participants in the alleged kickback schemes.
“Financial inducements to healthcare providers can influence medical decisions and undermine the integrity of public healthcare programs,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to hold accountable those who participate in kickback arrangements, including unlawful arrangements involving clinical laboratory testing.”
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that Dr. Moustafa and his practice received kickbacks in violation of the Anti-Kickback Statute in return for Dr. Moustafa’s laboratory referrals and caused the submission of false or fraudulent claims to Medicare and TRICARE.
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Office Rent and Phlebotomy Kickbacks. From June 2017 to December 2021, Dr. Moustafa and his practice allegedly received thousands of dollars in remuneration disguised as purported office space rental and phlebotomy payments, paid monthly or in a lump sum money order, from a clinical laboratory in Anderson, South Carolina, in return for Dr. Moustafa’s laboratory referrals.
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Clinical Staff Kickbacks. From August 2020 to December 2022, Dr. Moustafa and his practice allegedly received from a clinical laboratory in Kenilworth, New Jersey, remuneration in the form of free clinical staff to provide services to Dr. Moustafa’s practice unrelated to that laboratory, in return for Dr. Moustafa’s referrals for laboratory testing.
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Consulting and Medical Director Kickbacks. From September 2019 to March 2023, Dr. Moustafa allegedly received from marketing company Ralston Health Group Inc. (Ralston) thousands of dollars in remuneration disguised as consulting and medical director payments, paid monthly, in return for Dr. Moustafa ordering clinical laboratory services from five laboratories. The settlement resolves allegations that Ralston kicked back to Dr. Moustafa a portion of the commissions those five laboratories paid to Ralston, in return for Dr. Moustafa ordering laboratory testing from those laboratories.
“Rooting out healthcare fraud is a priority in the District of South Carolina,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “Kickbacks raise costs for taxpayers and undermine our healthcare programs by leading to unnecessary medical services. We are committed to holding those who give and receive illegal kickbacks accountable.”
“Kickbacks have no place in our healthcare system,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Health care providers and clinical laboratories are on notice that benefits in exchange for referrals are improper, and may violate the Anti-Kickback Statute. We will continue to pursue those who enter into unlawful arrangements that waste taxpayer dollars and improperly influence healthcare providers’ medical judgments.”
“Healthcare providers who accept kickbacks can allow greed to influence their medical decision-making, putting patients and their healthcare programs at risk of harm,” said Special Agent in Charge Naomi Gruchacz of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG is proud to work alongside our law enforcement partners to protect HHS programs from abuse and ensure that patient needs drive providers’ decisions.”
“Kickback schemes have no place in federal healthcare programs and will not be tolerated,” said Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office. “DCIS and our partner agencies continue to stand firm in our dedication to protect the integrity of these programs.”
The settlement was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorneys’ Offices for the Districts of South Carolina and New Jersey, with assistance from the Federal Bureau of Investigation, HHS-OIG and DCIS. The settlement announced today was handled by Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section), Assistant U.S. Attorney Beth C. Warren for the District of South Carolina and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey.
The government’s pursuit of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Settlement-
Readout of Department of Justice Federal/Tribal Regional Summit in the Twin Cities in MinnesotaRead the Press Release
The Justice Department’s Environment and Natural Resources Division (ENRD), Office of Environmental Justice and Office of Tribal Justice helped convene a Federal/Tribal Regional Summit in Minnesota’s Twin Cities on Sept. 26 and 27; the event was hosted by the Regional Solicitor’s office of the U.S. Department of the Interior. Summit participants also included Justice Department personnel from the Community Relations Service and Executive Office for U.S. Attorneys as well as Tribal nations representatives from Minnesota, Wisconsin, Nebraska, Michigan, Iowa and South Dakota.
Assistant Attorney General (AAG) Todd Kim of ENRD challenged the group to identify new ways to work together to support Tribal sovereignty and ensure the preservation of sustainable Tribal homelands.
“The United States supports Tribal sovereignty and self-determination and has a unique government-to-government relationship with Tribes,” he said. “And, like the U.S. Constitution and federal statutes, treaties are the supreme law of the land. This administration is fully committed to using all available authorities to protect Tribal treaty and reserved rights and to supporting Tribal efforts to strengthen Tribes’ resilience in responding to climate impacts that include erosion, drought, wildfires and rising sea levels.”
AAG Kim pointed to last week’s historic settlement of litigation by Tribes over management of the Columbia River System. AAG Kim noted that all parties hope the settlement “will further a comprehensive solution to restore salmon populations in the Basin while also advancing clean energy goals.”
The Summit featured an address by Midwest Regional Administrator Debra Shore of the Environmental Protection Agency as well as short presentations and in-depth discussions on environmental justice; Tribal treaty rights related to hunting, fishing and gathering of natural resources; Tribal jurisdictional issues; trespass on Tribal lands; identification and enforcement of environmental crimes; and climate adaptation strategies. Additional sessions focused on best practices for working with federal agencies on ensuring protection of Tribal rights and resources.
This meeting was the second of three Regional Summits planned for 2023, and follows 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 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.”
The next Regional Federal/Tribal Summit is scheduled for Oct. 15-17 in Albuquerque, New Mexico.
Justice Department Sues Colorado for Violating the Americans with Disabilities ActRead the Press Release
The Justice Department sued the state of Colorado today for unnecessarily segregating adults with physical disabilities, including older adults, in nursing facilities in violation of the Americans with Disabilities Act (ADA) and the U.S. Supreme Court’s decision in Olmstead v. L.C. The department previously notified Colorado of its findings of civil rights violations in a March 2022 letter to Colorado Governor Polis. The letter identified steps that Colorado should take to remedy the identified violations.
“Far too often, people with physical disabilities – including older adults – are institutionalized in nursing facilities when they could live in their own homes,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is steadfast in its commitment to protect the rights of people with disabilities and ensure the promise of community integration enshrined in the Americans with Disabilities Act.”
The ADA and the Olmstead decision require state and local governments to make their services for people with disabilities available in the most integrated setting appropriate to each person’s needs, regardless of their age or type of disability. These include services that help with bathing, dressing, managing medications and preparing meals. But many Coloradans with physical disabilities are denied a meaningful choice to receive the services they need in their own homes and communities, instead of in nursing facilities.
Many of Colorado’s Medicaid-funded nursing facility residents are interested in moving back to their homes and communities and could live at home successfully if the needed services were provided at home. Yet few Coloradans with physical disabilities who want to move out of nursing facilities, or who are at risk of having to enter nursing facilities, get these community-based State services. Most nursing facility residents are unaware of the services available to help them move to and live successfully in the community.
The Civil Rights Division’s Disability Rights Section investigated this case, with assistance from the U.S. Attorney’s Office for the District of Colorado.
For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov/topics/community-integration/.
For more information on the Civil Rights Division, please visit www.justice.gov/crt.
The letter of findings can be viewed here.
colorado_complaint_filed.pdfJustice Department Secures Agreement in Sexual Harassment Lawsuit Against California Property Manager and OwnersRead the Press Release
The Justice Department announced today that it has secured a $130,000 agreement resolving allegations that Abraham Kesary, violated the Fair Housing Act by sexually harassing multiple female tenants at the Los Angeles rental property he managed. The settlement also resolves claims against M&F Development LLC, the owner of the property.
“Tenants have the right to live in their homes free from sexual harassment by their landlords,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously enforce fair housing laws against landlords who prey on vulnerable residents.”
“Our office will not stand for unlawful discrimination of any type,” said U.S. Attorney Martin Estrada for the Central District of California. “The lengthy course of sexual harassment against female residents alleged in this case is disturbing and unacceptable. We will continue to be vigilant in holding landlords and property managers accountable for discrimination and harassment and the Fair Housing Act gives us a powerful tool to seek justice for victims.”
Under the agreement, subject to approval by the U.S. District Court for the Central District of California, M&F Development LLC will pay $120,000 to compensate individuals harmed by the harassment and a $10,000 civil penalty to the United States.
In addition, the consent order prohibits Kesary from managing rental housing and requires M&F Development LLC to retain an independent property manager to manage the rental property and to implement non-discrimination policies and complaint procedures to prevent sexual harassment at the property in the future. The order also requires both defendants to take fair housing training.
The lawsuit alleged that Kesary sexually harassed female tenants at 445 S. Western Avenue in Los Angeles since at least 2012. According to the complaint, Kesary offered housing-related benefits in exchange for sexual acts, made unwelcome sexual comments and advances to female tenants, entered the homes of female tenants without their permission and subjected female tenants to unwelcome sexual acts. The lawsuit also names M&F Development LLC as a defendant.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative, the department has filed 36 lawsuits alleging sexual harassment in housing and recovered nearly $11 million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. The Civil Rights Division is committed to protecting people from sexual misconduct. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
kesary_filed_proposed_consent_order.pdfFlorida Men Charged in Multimillion-Dollar Tax Refund Fraud SchemeRead the Press Release
A federal grand jury in Orlando returned an indictment, unsealed yesterday, charging three Florida men with crimes related to their respective roles in a tax refund fraud scheme.
According to the indictment, from 2015 to 2018, Christopher Johnson, of Orlando, and Jasen Harvey, of Tampa, allegedly conspired to promote a scheme in which Harvey and others prepared returns for clients falsely reporting large amounts of income tax withholdings to the IRS, resulting in tax refunds to which the clients were not otherwise entitled. Johnson and Harvey allegedly charged each client a fee per return – Johnson allegedly did not report his portion of those fees on his personal tax returns.
The indictment also charged that in January 2020, a federal judge issued an order enjoining Harvey from preparing tax returns for others but, despite the court’s injunction, Harvey allegedly continued to prepare and file returns from 2020 to 2021.
In addition, the indictment alleges that Arthur Grimes, of Orlando and Ocoee, Florida, participated in the scheme and caused to be filed four false income tax returns prepared by Harvey. When the IRS attempted to recover a refund allegedly issued to Grimes based on a false income tax return, Grimes allegedly (1) made false statements to an IRS revenue officer, (2) submitted false documents to the IRS, (3) transferred funds to a nominee bank account and (4) otherwise obstructed IRS collection efforts.
Johnson, Harvey and Grimes are each charged with aiding in the preparation of false tax returns, which carries a maximum statutory penalty of three years in prison; Johnson and Harvey are charged with conspiring to defraud the United States, which carries a maximum statutory penalty of five years in prison; Johnson is charged with filing false personal tax returns, which carries a maximum statutory penalty of three years in prison; Harvey is charged with criminal contempt, which carries a maximum statutory penalty of life in prison; and Grimes is charged with corruptly endeavoring to obstruct the due administration of the internal revenue laws, which carries a maximum statutory penalty of three years. 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 Roger B. Handberg for the Middle District of Florida made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Melissa Siskind, Jeffrey McLellan and Caroline Pearson of the Tax Division and Assistant U.S. Attorney Diane Hu for the Middle District of Florida are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Corn Milling Company Pleads Guilty to Making False Statements in Safety and Environmental Records Following Mill ExplosionRead the Press Release
Didion Milling Inc. pleaded guilty to criminal charges today in federal court in Madison, Wisconsin. As part of a plea agreement, the company has agreed to pay a total of $1 million in criminal fines and $10.25 million in restitution to victims of a May 31, 2017 catastrophic explosion at its Cambria, Wisconsin, corn mill facility. Five Didion Milling employees were killed in that explosion and others were injured.
Didion Milling was previously indicted in May 2022 with multiple federal crimes related to compliance with Occupational Safety and Health Act, Clean Air Act and food safety obligations at the Cambria corn mill and representations made to its customers and authorities. Didion Milling pleaded guilty today to counts six and seven of the indictment, charging it with falsifying records related to its Occupational Safety and Health Act and Clean Air Act obligations to conceal violations from government agencies.
“Today’s guilty plea should send a message to all employers that we will not tolerate lying to OSHA, EPA and EPA’s state partners as they seek to fulfill their mandates to ensure the safety of workers and protect public health and the environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Our thoughts continue to be with the victims of the May 2017 explosion. As demonstrated by today’s action, we will vigorously pursue restitution for victims of workplace incidents.”
“After an explosion killed five of its workers, Didion Milling lied and falsified records to conceal violations of the environmental and worker safety laws,” said Assistant Administrator David Uhlmann of the Environmental Protection Agency's (EPA) Office of Enforcement and Compliance Assurance. “There is no excuse for false and misleading conduct, particularly in the aftermath of a tragedy, and this prosecution holds Didion Milling accountable.”
According to court documents, Didion Milling was required to operate “baghouses,” equipment designed to prevent particulate matter, such as corn dust, from being released into the environment from the corn mill. From at least 2015 to May 2017, Didion Milling employees, including shift workers and shift superintendents, made false entries in the mill’s “baghouse logs,” disguising data meant to monitor and document whether the mill’s baghouse equipment was working properly to filter particulates from the air. Didion Milling’s environmental manager provided baghouse logs for 2015, 2016 and 2017 to environmental inspectors, knowing that they contained false entries.
Didion Milling was also required under Occupational Safety and Health Act safety standards to develop and implement a housekeeping program to reduce the accumulation of fugitive grain dust within its corn mill. Didion Milling maintained a “master sanitation schedule” logbook listing each of the required dust cleanings and the specific dates by which the cleanings were supposed to be completed. The sanitation logbook contained spaces for Didion Milling employees to record that the dust cleanings had been performed and that documentations procedures had been followed. On or about May 19, 2017, Didion Milling employees falsely initialed, signed and dated entries in the sanitation logbook for the week of May 1 through May 7, 2017, giving the appearance that the required dust cleanings were performed when they had not been. Didion Milling provided the sanitation logbook containing the false May 2017 dust cleaning entries to the Occupational Safety and Health Administration (OSHA) during its investigation of the May 31, 2017 explosion at the Didion Milling corn mill.
A sentencing hearing before U.S. District Court Judge James D. Peterson for the Western District of Wisconsin will be scheduled at a later date.
EPA’s Criminal Investigation Division and the Wisconsin Department of Natural Resources investigated the case.
Three additional charged defendants are scheduled to begin trial on Oct. 2.
Trial Attorneys Samuel Lord and Joel La Bissonniere and Senior Trial Attorney Richard J. Powers of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case.
Three Individuals Convicted for Laundering Money Stolen from Scam Victims Through Gift CardsRead the Press Release
A jury in Los Angeles convicted three individuals for their roles in laundering proceeds of large-scale consumer fraud schemes through gift card transactions. Blade Bai, Bowen Hu and Tairan Shi were convicted of conspiracy to launder proceeds of wire fraud. Bai was also convicted of a separate money laundering conspiracy count.
As part of the scheme, fraudsters engaged in government-imposter scams and tech support scams. In a government-imposter scam, fraudsters contact consumers and impersonate government officials, such as officials with the Social Security Administration or local police officers. The fraudsters falsely claim that victims need to purchase gift cards to resolve an issue, often claiming that the victims are subject to a pending arrest warrant or that the victims have a problem with their Social Security number. In a tech support scam, fraudsters deceive victims into believing that there is a serious problem with the victim’s computer or with an online or mobile app account access and that the problem can only be resolved by paying substantial amounts through gift cards.
In this case, telephone scammers instructed victims to purchase gift cards from the retail store Target and provide the scammers with the account numbers and access codes listed on the gift cards. The defendants then distributed the numbers assigned to the gift cards to “runners,” who used the funds on the cards at Target stores (primarily in Los Angeles and Orange counties) to purchase consumer electronics, other gift cards and other items. In one instance presented as evidence at trial, runners acting on behalf of the defendants redeemed gift cards that originated from a victim in Illinois approximately 13 minutes after the victim purchased the cards. Through the purchases and other transactions at multiple Target stores, the defendants and their co-conspirators sought to conceal the fact that the gift cards had been originally funded with fraudulent proceeds.
“Defendants played a key role in victimizing American consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This case is a testament to the commitment of the department and our partners to ensuring that all those who knowingly facilitate fraud face justice.”
“This investigation is a good example of law enforcement collaboration coming together to protect communities from fraudulent activities,” said Special Agent in Charge Eddy Wang of Homeland Security Investigations (HSI) Los Angeles “HSI and its partners on the El Camino Real Financial Crimes Task Force will continue to track down criminal organizations preying on innocent victims and ensure they are held accountable.”
“These defendants knowingly laundered the proceeds of a fraudulent scheme that targeted vulnerable citizens, including older Americans,” said Assistant Director in Charge Donald Always of the FBI Los Angeles Field Office. “This significant conviction should educate potential victims about the scam and send a message to anyone conducting similar schemes that the bureau and our partners are serious about combating this fraud. Anyone being asked to purchase a gift card in order to resolve a technical issue or to avoid an arrest should not spend money but instead, make a report to the FBI at IC3.gov.”
A fourth defendant, Yan Fu, had previously pleaded guilty and was sentenced to 20 months in prison.
Bai, Hu and Shi are scheduled to be sentenced on Jan. 26, 2024.
HSI and the FBI Los Angeles Field Office, West Covina Resident Agency investigated the case. The investigation was conducted under the auspice of HSI Los Angeles' El Camino Real Financial Crimes Task Force, a multi-agency task force comprised of federal and state investigators focused on financial crimes in Southern California.
The Social Security Administration, Office of the Inspector General also provided assistance during the investigation, as did the following: the Brea (California) Police Department, Glynn County (Georgia) Police Department, Fontana (California) Police Department, Charlotte-Mecklenburg (North Carolina) Police Department, Streamwood (Illinois) Police Department, Cleveland (Ohio) Police Department, Madera County (California) Sheriff’s Office, New York Police Department, Norwood (New Jersey) Police Department, Loudoun County (Virginia) Sheriff's Office, Waukesha County (Wisconsin) Sheriff's Department, Fremont (California) Police Department, Marin County (California) Sheriff’s Office, County of Hawaii Police Department, Henderson (Nevada) Police Department, Wilmington (Massachusetts) Police Department, Las Vegas (Nevada) Metropolitan Police Department, Lewisville (Texas) Police Department, Gardena (California) Police Department, Des Moines (Iowa) Police Department, Cobb County (Georgia) Sheriff’s Department, Millburn (New Jersey) Police, Wauwatosa (Wisconsin) Police Department, San Angelo (Texas) Police Department, Fairfax City (Virginia) Police Department and Virginia Beach (Virginia) Police Department.
Trial Attorneys Wei Xiang and Meredith Healy of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Monica Tait of the Major Frauds Section for the Central District of California prosecuted the case.
The Consumer Protection Branch and United States Attorney’s Office for the Central District of California are part of the Transnational Elder Fraud Strike Force, which investigates and prosecutes scams run by transnational criminal organizations, including mass mailing and telemarketing fraud scams.
If you purchased a gift card at the direction of a scammer, immediately call the gift card issuer and ask them to freeze the gift card numbers involved – and save your receipt and the gift card. Then, report the crime to the Federal Trade Commission at www.reportfraud.ftc.gov/#/ or 877-382-4357, to the FBI’s Internet Crime Complaint Center at www.ic3.gov, and to your local police department.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
Additional information about the U.S. Attorney’s Office for the Central District of California may be found at www.justice.gov/usao-cdca.
Massachusetts Owner of a Garbage Collection Business Pleads Guilty to Filing a False Tax Return and Cash StructuringRead the Press Release
A Massachusetts woman pleaded guilty today to filing a false tax return and engaging in a pattern of financial transactions designed to avoid bank currency transaction reporting requirements.
According to court documents and statements made in court, Michele L. Letourneau of Charlton was the President, Treasurer and majority owner of a commercial trash collection and removal business. Between January 2016 and December 2020, Letourneau skimmed business income by directing her office staff to separate checks written to her company that contained “Inc.” in the payee description from those that did not. Those checks that included “Inc.” were logged into the company’s customer tracking system and accounting ledgers and deposited into the business bank account.
The separated checks were given to Letourneau after being logged into the company’s customer tracking system, but not into the accounting ledgers. Instead, Letourneau regularly batch deposited a vast majority of the checks missing the “Inc.” into a personal bank account she jointly held with another, purposely keeping each deposit under $10,000 to illegally avoid bank reporting requirements for currency transactions in excess of $10,000, commonly referred to as structuring. Once available, Letourneau would then withdraw the exact amount as was deposited. In all, Letourneau admitted to structuring 196 deposits and withdrawals knowing that banks were required to issue a report for a currency transaction in excess of $10,000.
In total, Letourneau structured approximately $1,261,724 worth of transactions from 2016 to 2020 and did not disclose this income or the bank account to the preparers of her corporate and personal tax returns. Letourneau admitted to filing a false 2018 personal return that substantially underreported her income for that year and, in total, her conduct during this period caused a tax loss to the IRS in the amount $472,167.
Letourneau is scheduled to be sentenced on Jan. 4, 2024, and faces a maximum penalty of three years in prison for filing a false return and five years for cash structuring. She 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 Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts made the announcement.
IRS-Criminal Investigation is investigating the case.
Assistant Chief Jorge Almonte and Trial Attorney George Meggali of the Tax Division are prosecuting the case.
Justice Department Sues Agri Stats for Operating Extensive Information Exchanges Among Meat ProcessorsRead the Press Release
The Justice Department filed a civil antitrust lawsuit against Agri Stats Inc. today for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors. The complaint alleges that Agri Stats violated Section 1 of the Sherman Act by collecting, integrating and distributing competitively sensitive information related to price, cost and output among competing meat processors. This conduct harms customers, including grocery stores and American families.
The complaint, filed in the District of Minnesota, alleges that Agri Stats has for years produced comprehensive weekly and monthly reports for participating meat processors, which use the data to set prices and output levels. Spanning hundreds of pages, the reports contain recent data relating to sales prices, costs such as worker and farmer compensation and output that are often detailed by facility or company. Participating processors accounted for more than 90% of broiler chicken sales, 80% of pork sales and 90% of turkey sales in the United States. The complaint further alleges that Agri Stats understood that meat processors have used these reports for anticompetitive purposes and, in some instances, even encouraged meat processors to raise prices and reduce supply. While distributing troves of competitively sensitive information among participating processors, Agri Stats withholds its reports from meat purchasers, workers and American consumers, resulting in an information asymmetry that further exacerbates the competitive harm of Agri Stats’ information exchanges.
“The Justice Department is committed to addressing anticompetitive information exchanges that result in consumers paying more for chicken, pork and turkey,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “This case is the latest effort by the Justice Department to protect American consumers, farmers and workers from anticompetitive practices in the agriculture industry.”
The complaint alleges that Agri Stats’ scheme continues to this day in the chicken processing industry, among others. While Agri Stats paused its turkey and pork reporting after facing several private antitrust lawsuits, Agri Stats has expressed an intent to resume such reporting after these lawsuits’ resolution.
This lawsuit marks the latest action by the Antitrust Division to combat unlawful information exchanges. It follows a recent enforcement action (here and here) against four poultry processors as well as two facilitators for participating in a long-running conspiracy to suppress workers’ compensation in the poultry industry. In that case, the district court entered consent decrees enjoining the processors from exchanging competitively sensitive information and barring the facilitators from providing surveys or other services that enable direct competitors in any industry to share competitively sensitive information.
Anyone with information about collusion in agriculture industries, competitors sharing non-public price or compensation information or any other violations of the antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or [email protected]. Information about anticompetitive practices in livestock and poultry markets can also be submitted to the USDA and Justice Department’s Agricultural Markets Enforcement Partnership at www.farmerfairness.gov.
agri_stats_complaint.pdfJustice Department Secures Agreement with Janitorial Services Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Greene Kleen of South Florida Inc. (Greene Kleen), a janitorial services company based in Miami. The settlement agreement resolves the department’s determination that Greene Kleen violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens when checking their permission to work in the United States.
“Employers cannot impose specific document requirements on workers to prove their permission to work that differ based on citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The department will not tolerate unlawful and discriminatory practices, which create unnecessary barriers to jobs for people who are just trying to make a living.”
The department’s investigation determined that, from at least Jan. 1, 2019, to Feb. 28, 2022, Greene Kleen routinely allowed U.S. citizens to choose which acceptable documentation to present to prove their permission to work but routinely required lawful permanent residents and other non-U.S. citizens to present only one kind of documentation.
Under the terms of the settlement, Greene Kleen will pay $140,000 in civil penalties to the United States, train its employees on the INA’s anti-discrimination requirements, revise its employment policies and be subject to monitoring by the department.
Federal law allows all workers to choose which valid, legally acceptable documentation to present to prove their identity and permission to work in the United States, regardless of citizenship status, immigration status or national origin. The INA’s anti-discrimination provision prohibits employers from asking for specific or unnecessary documents because of a worker’s citizenship status, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens are (for example, a state ID or driver’s license and an unrestricted Social Security card). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee, unfair documentary practices and retaliation and intimidation.
Find more information on how employers can avoid discriminating when verifying someone’s permission to work on IER’s website. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a live webinar on watch an on-demand presentation; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
greene_kleen-signed-settlement.pdfJustice Department Secures Agreement with California-Based Manufacturer to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Home and Body Company (Home and Body), a soap and lotions manufacturer based in Huntington Beach, California. The settlement resolves the department’s determination that Home and Body violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens when checking their permission to work in the United States.
“Employers cannot limit the type of documents workers can use to prove their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The department is committed to knocking down unlawful discriminatory barriers that make it harder for people to work in the United States.”
The department’s investigation determined that from at least Sept. 23, 2019, to Oct. 1, 2020, Home and Body routinely required lawful permanent residents to present a specific immigration document when checking their permission to work, based on their citizenship or immigration status.
Under the terms of the settlement, Home and Body will pay $130,000 in civil penalties to the United States, train its personnel on the INA’s requirements, review its employment policies and be subject to monitoring by the department.
Federal law allows all workers to choose which valid, legally acceptable documentation to present to prove their identity and permission to work, regardless of citizenship status, immigration status or national origin. The INA’s anti-discrimination provision prohibits employers from asking for specific or unnecessary documents because of a worker’s citizenship status, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens are (for example, a state ID or driver’s license and an unrestricted Social Security card). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee, unfair documentary practices and retaliation and intimidation.
Find more information on how employers can avoid discrimination when verifying someone’s permission to work on IER’s website. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a live webinar or watch an on-demand presentation or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
home_and_body_settlement.pdfJustice Department Awards over $4.4 Billion to Support Community SafetyRead the Press Release
The Justice Department announced today that it is awarding more than $4.4 billion to support state, local, and Tribal public safety and community justice activities. The grants, from the Department’s Office of Justice Programs (OJP), will help build community capacity to curb violence, serve victims and youth, and achieve fair outcomes through evidence-based criminal and juvenile justice strategies.
“Everyone in this country deserves to be safe in their communities,” said Attorney General Merrick B. Garland. “That is why, in addition to continuing our efforts to identify and prosecute the most violent criminals, the Justice Department is putting every available resource to work to support the efforts of our law enforcement and community partners nationwide. This significant investment will go directly to state and local programs that support the victims of crime, support officer safety and wellness, build the public trust in law enforcement essential to public safety, and help make all of our communities safer.”
The more than 3,700 OJP grants being awarded this fiscal year will support state, local, and community-based efforts and evidence-based interventions that reduce violence, crime, and recidivism while delivering treatment and services to those at-risk of justice system involvement. Funding will expand partnerships between criminal justice professionals and behavioral health experts, help people safely and successfully transition from confinement back to their communities, reach crime victims in underserved areas, steer young people away from justice system contact, improve the management of sex offenders, and support a wide range of research and statistical activities that will help justice system professionals meet community safety challenges.
“Across the country, the Justice Department is working side-by-side with our partners in state and local law enforcement to combat violent crime by using our federal resources to amplify their work on the front lines,” said Deputy Attorney General Lisa O. Monaco. “The billions of dollars in grants announced today will augment those efforts and the tools law enforcement is using to curb violence, counter deadly drug abuse, and promote safety and public trust. Together with our state and local partners, the Department will continue to do everything we can to protect the communities we all serve.”
“The Department of Justice is investing in community-based approaches to violence prevention, law enforcement health and wellness, Tribal courts, improved services for victims, research and data collection efforts, reentry programs, and much more,” said Associate Attorney General Vanita Gupta. “The grants announced today further our commitment to working with our state, Tribal, and local partners to increase public safety, build police-community trust, and ensure safe, healthy, and just communities for all.”
“Every sector of our society — not only the justice system, but nonprofit and faith-based groups, local leaders, and advocates, and people with lived experience who serve as credible messengers — plays a critical role in ensuring public safety and public health,” said OJP Assistant Attorney General Amy L. Solomon. “The Office of Justice Programs is proud to make these substantial investments in building community infrastructure and supporting communities as co-producers of safety and justice.”
Grants will support five major community safety and justice priorities:
- Awards totaling more than $1 billion will promote safety and strengthen trust, helping communities tackle the proliferation of gun violence in America and restore bonds of trust between community residents and the justice system. Grants will support innovative and evidence-based strategies designed to prevent and reduce violent crime, support the health and safety of law enforcement and public safety professionals, promote rehabilitation and reentry success, and address the rise in hate crimes across the country.
- More than $437 million in grant awards will accelerate justice system reforms designed to achieve equal justice and fair treatment for all. Grants will expand access to services among historically underserved and marginalized communities, reduce counterproductive involvement in the justice system, increase opportunities for diversion, and build pathways to treatment for people with substance use and mental health disorders.
- Over $192 million will improve the fairness and effectiveness of the juvenile justice system by supporting developmentally appropriate and culturally responsive interventions for youth. Funding will ensure that young people are served at home in their communities whenever possible, are equipped to transition to a healthy adulthood free of crime, and are protected from violence and abuse.
- More than $1.7 billion will expand access to victim services by investing in programs that provide trauma-informed and culturally responsive services to victims. Funding will support thousands of local victim assistance programs across the country and victim compensation programs in every state and U.S. territory, while helping these programs build their capacity to reach those disproportionately affected by crime and victimization.
- Over $418 million in awards will advance science and innovation to strengthen the base of knowledge that policymakers and practitioners can use to design and deploy effective community safety strategies. Awards will support research and data collection on a wide range of public safety issues, help maintain timely and accurate criminal history records, and improve the capacity of crime labs and forensic analysts to solve crimes, absolve the innocent, and deliver justice to victims.
In addition, OJP will award more than $611 million to continue its support of other previously funded programs and congressionally directed spending. More information about the awards announced today can be found by visiting www.ojp.gov/funding/fy23awards.
El Departamento de Justicia Llega a un Acuerdo con una Compañía de Servicios de Consejería que Resuelve Acusaciones de Discriminación Relacionada con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Greene Kleen of South Florida, Incorporated (Greene Kleen), una empresa de servicios de conserjería con sede en Miami, Florida. El acuerdo conciliatorio resuelve la determinación del Departamento de que Greene Kleen vulneró la ley de Inmigración y Nacionalidad (INA) al discriminar a no ciudadanos de los EE. UU. al verificar su permiso para trabajar en los Estados Unidos.
«Los empleadores no pueden imponer requisitos de documentos específicos a los trabajadores para demostrar su permiso para trabajar que difieran en función de la ciudadanía o el estatus migratorio», dijo Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento no tolerará estas prácticas ilegales y discriminatorias, que crean barreras innecesarias al empleo para las personas que solo están intentando ganarse la vida».
La investigación del Departamento determinó que, desde al menos el 1 de enero del 2019, hasta el 28 de febrero del 2022, Greene Kleen permitía, de forma rutinaria, a los ciudadanos de los EE. UU. elegir la documentación aceptable que deseaban presentar para demostrar su permiso para trabajar, pero, de forma rutinaria, requería que residentes permanentes legales y otros no ciudadanos de los EE. UU. presentaran solamente un tipo de documentación.
Conforme los términos del acuerdo, Greene Kleen pagará $140,000 en sanciones civiles a los Estados Unidos, capacitará a sus empleados en cuanto a los requisitos antidiscriminatorios de la INA, revisará sus políticas de empleo y se someterá a supervisión por parte del Departamento.
Las leyes federales permiten a todos los trabajadores elegir la documentación válida y legalmente aceptable que desean presentar para demostrar su identidad y permiso para trabajar en los EE. UU., independientemente de su estatus de ciudadanía, estatus migratorio o nacionalidad de origen. La disposición antidiscriminatoria de la INA prohíbe a los empleadores solicitar documentos específicos o innecesarios por motivos del estatus de ciudadanía, estatus migratorio o nacionalidad de origen de un trabajador. De hecho, muchos no ciudadanos de los EE. UU., incluidos los residentes permanentes legales, son elegibles para varios de los mismos tipos de documentos para demostrar su permiso para trabajar como lo son los ciudadanos de los EE. UU. (por ejemplo, un carnet de identidad estatal o licencia de conducir y una tarjeta de Seguro Social sin restricciones). Los empleadores deben permitir que los trabajadores presenten cualquier documentación aceptable que los trabajadores mismos elijan y no pueden rechazar documentación válida que parezca razonablemente genuina y relacionada con el trabajador.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación
Puede obtener más información sobre cómo los empleadores pueden evitar la discriminar al verificar el permiso para trabajar de alguien en el sitio web de IER. Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito o visualizar una presentación a la carta; o visitar los sitios web de la IER en inglés y español. Suscribirse a actualizaciones por correo electrónico de la IER.
greene_kleen-signed-settlement.pdfEl Departamento de Justicia Llega a un Acuerdo con un Fabricante con Sede en California que Resuelve Acusaciones de Discriminación Relacionada con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha conseguido un acuerdo conciliatorio con Home and Body Company (Home and Body), un fabricante de jabones y cremas con sede en Huntington Beach, California. El acuerdo resuelve la determinación del Departamento que Home and Body vulneró la ley de Inmigración y Nacionalidad (INA) al discriminar a no ciudadanos de los EE. UU. cuando verificó su permiso para trabajar en los Estados Unidos.
«Los empleadores no pueden limitar el tipo de documentos que los trabajadores pueden usar para demostrar su permiso para trabajar», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento se compromete a eliminar las barreras discriminatorias ilegales que dificultan el trabajo para personas en los EE. UU.».
La investigación del Departamento determinó que, desde al menos el 23 de septiembre del 2019 hasta el 1 de octubre del 2020, Home and Body requerían, de forma rutinaria, que los residentes legales permanentes presentaran un documento de inmigración específico al verificar su permiso para trabajar, en función de su ciudadanía o estatus migratorio.
Conforme los términos del acuerdo, Home and Body pagará $130,000 en sanciones civiles a los Estados Unidos, capacitará a sus empleados en cuanto a los requisitos de la INA, revisará sus políticas de empleo y se someterá a supervisión por parte del Departamento.
Las leyes federales permiten a todos los trabajadores elegir la documentación válida y legalmente aceptable desean presentar para demostrar su identidad y permiso para trabajar en los EE. UU., independientemente de su estatus de ciudadanía, estatus migratorio o nacionalidad de origen. La disposición antidiscriminación de la INA prohíbe a los empleadores solicitar documentos específicos o innecesarios por motivos del estatus de ciudadanía, estatus migratorio o nacionalidad de origen de un trabajador. De hecho, muchos no ciudadanos de los EE. UU., incluidos los residentes permanentes legales, son elegibles para varios de los mismos tipos de documentos para demostrar su permiso para trabajar como lo son ciudadanos de los EE. UU. (por ejemplo, un carnet de identidad estatal o licencia de conducir y una tarjeta de Seguro Social sin restricciones). Los empleadores deben permitir que los trabajadores presenten cualquier documentación aceptable que los trabajadores mismos elijan y no pueden rechazar documentación válida que parece ser genuina.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Puede obtener más información sobre cómo los empleadores pueden evitar la discriminar al verificar el permiso para trabajar de alguien en el sitio web de IER. Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1‑800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito o visualizar una presentación a la carta; o visitar los sitios web de la IER en inglés y español. Suscribirse a actualizaciones por correo electrónico de la IER.
home_and_body_settlement.pdfChinese National Sentenced to 51 Months in Prison for Meth Trafficking on the Island of SaipanRead the Press Release
Saipan, CNMI – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that the United States District Court for the NMI ordered 51 months imprisonment for Bing Li, age 41, a citizen of the People’s Republic of China (PRC), for Possession with Intent to Distribute Methamphetamine, in violation of 21 U.S.C. § 841(a)(1). The Court also ordered Li to serve three years of supervised release and pay a $100 special assessment fee. He was further ordered to report for deportation proceedings.
In January 2023, Bing Li received a package at the U.S. Post Office in Chalan Kanoa, Saipan. The package was addressed to Li and mailed by a sender in San Leandro, California. During an inspection of the package, Commonwealth of the Northern Mariana Islands Customs and Biosecurity Officers discovered two plastic bags inside the package containing a total of 831.6 grams of methamphetamine with 99% purity levels. Upon questioning by agents of the Drug Enforcement Administration, Li admitted he agreed with others to receive and further distribute the methamphetamine inside the package for personal profit. In January 2023, the street value on Saipan of the seized methamphetamine was at least $332,000.
“This case demonstrates the continued targeting of mail parcels by law enforcement to interdict illicit drugs entering our jurisdictions,” stated United States Attorney Anderson. “The penalties for traffickers are significant and include removal from the United States for foreign nationals.”
This case was investigated by the CNMI Customs & Biosecurity and the U.S. Drug Enforcement Administration. Assistant United States Attorney Albert S. Flores Jr. in the District of the Northern Mariana Islands prosecuted the case.
Bangladesh Citizen Sentenced to 14 Months in Federal Prison for Illegally Possessing a Stolen FirearmRead the Press Release
Saipan, CNMI – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that the United States District Court for the NMI ordered 14 months imprisonment for MD Ikbal, age 37, a citizen of Bangladesh living on the island of Rota, after being convicted of Illegal Alien in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(5)(A). Ikbal will enter deportation proceedings following his release from prison.
During June 2016, Ikbal arrived in the Commonwealth of the Mariana Islands (CNMI) pursuant to a CNMI-Only Transitional Worker (CW-1) visa. A CW-1 is a nonimmigrant visa that allows employers in the CNMI to apply for permission to employ individuals who are otherwise ineligible to work under other nonimmigrant worker categories. Following the expiration of his visa in January 2017, Ikbal remained on the island of Rota without lawful immigration status. In October 2021, Ikbal entered the home of another without permission and threatened to kill occupants. Ikbal was subsequently charged in local court for trespassing and assault, then released on bail.
During May 2022, police on Rota received a report that Ikbal was in possession of a firearm. Officers from the CNMI Department of Public Safety searched the island for Ikbal. After nine hours, they located Ikbal hiding in a jungle area, armed with a stolen .40 caliber handgun containing a fully loaded magazine. The firearm was a service weapon issued to a Rota police officer. The gun was reported stolen a week prior.
“Federal law prohibits foreign nationals from possessing firearms and ammunition except in limited circumstances,” stated United States Attorney Anderson. “These cases will be aggressively prosecuted by our office in an effort to keep our communities safe from gun crime.”
The CNMI Department of Public Safety, the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, and U.S. Homeland Security Investigations investigated this case.
Assistant United States Attorney Albert S. Flores Jr. in the District of the Northern Mariana Islands prosecuted this case.
Owner of Home Health Company Convicted of $2.8M Medicare Fraud SchemeRead the Press Release
A federal jury in the Eastern District of Michigan convicted an Indian national today for orchestrating a $2.8 million health care fraud and wire fraud conspiracy, and engaging in money laundering, aggravated identity theft, and witness tampering.
According to court documents and evidence presented at trial, Yogesh Pancholi, 43, of Northville, Michigan, owned and operated Shring Home Care Inc. (Shring), a home health company based in Livonia, Michigan. Despite being excluded from billing Medicare, Pancholi purchased Shring using the names, signatures, and personal identifying information of others to conceal his ownership of the company. In a two-month period, Pancholi and his co-conspirators billed and were paid nearly $2.8 million by Medicare for services that were never provided. Pancholi then transferred these funds through bank accounts belonging to shell corporations and eventually into his accounts in India. After being indicted, and on the eve of trial, Pancholi, using a pseudonym, wrote false and malicious emails to various federal government agencies alleging a government witness had committed various crimes and should not be allowed to remain in the United States in an attempt to keep the witness from testifying.
The jury convicted Pancholi of conspiracy to commit health care and wire fraud, two counts of substantive health care fraud, two counts of money laundering, two counts of aggravated identity theft, and one count of witness tampering. He is scheduled to be sentenced on Jan. 10, 2024, and faces a mandatory minimum penalty of two years in prison for aggravated identity theft, a maximum penalty of 20 years in prison on each of the conspiracy and witness tampering convictions, and a maximum penalty of 10 years in prison on each of the health care fraud and money laundering counts. 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, Acting Special Agent in Charge Devin J. Kowalski of the FBI Detroit Field Office, and Special Agent in Charge Mario Pinto of the Department of Health and Human Services Office of the Inspector General (HHS-OIG) made the announcement.
The FBI Detroit Field Office and HHS-OIG investigated the case.
Trial Attorneys Shankar Ramamurthy and Andres Almendarez of the Criminal Division’s Fraud Section are prosecuting the case, with assistance from Trial Attorney Kathleen Cooperstein. Trial Attorney Patrick Suter investigated and originally charged 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, 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 Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Justice Department and FTC Announce Additional Workshops on the 2023 Draft Merger GuidelinesRead the Press Release
The Justice Department and the Federal Trade Commission (FTC) announced today that they plan to hold two additional workshops to facilitate public dialogue on the 2023 Draft Merger Guidelines that the agencies announced in July. Like the agencies’ first workshop on Sept. 5, these events will promote a detailed discussion about the Draft Guidelines to complement the thousands of public comments submitted to the agencies. Each of the two remaining workshops will be held in-person at an academic institution.
The second workshop, co-hosted with the MIT Economics Department and the Mossavar-Rahmani Center for Business and Government, Harvard Kennedy School, will take place at the Harvard Kennedy School on Oct. 5 from 1:30 p.m. to 4:45 p.m. ET. Participants who register here will receive a link to view the event virtually. More information, including a tentative agenda for the workshop, can be found on the event page.
The third workshop, co-hosted with the University of Chicago Law School, Coase Sandor Institute for Law and Economics, will take place on Nov. 3 from 9 a.m. to 4:45 p.m. CT. More information about the workshop, including an agenda, will be updated on the event page in the coming weeks.
If either event needs to be postponed for any reason, information on rescheduling will appear on the event page.
The Justice Department’s Antitrust Division and the FTC are reviewing comments from the public on the Draft Guidelines, submitted online during the comment period, at www.regulations.gov/docket/FTC-2023-0043.
The agencies protect competition through enforcement of the antitrust laws and other federal competition statutes. Since 1968, the agencies have issued and revised merger guidelines to enhance transparency and promote awareness of how the agencies review mergers and acquisitions under the federal antitrust laws.
Justice Department Secures $9 Million Agreement with Washington Trust Company to Resolve Redlining Claims in Rhode IslandRead the Press Release
The Justice Department announced today that Washington Trust Company (Washington Trust), the oldest community bank in the nation, has agreed to pay $9 million to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining majority-Black and Hispanic neighborhoods in Rhode Island.
Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in communities of color because of the race, color or national origin of residents in those communities.
“This settlement should send a strong message to banks regarding the Justice Department’s firm commitment to combat modern-day redlining and ensure that all lenders are providing equal access to home loan opportunities to communities of color,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This resolution will provide critical relief to impacted Black and Hispanic communities, enabling them to buy a home, keep their home or access the equity in their home. Ending redlining and providing relief to communities of color impacted by this unlawful practice is a necessary step in ongoing efforts to reduce racial wealth and homeownership gaps across our country.”
“Everyone who pursues the American dream has the right to expect to be treated equally and with dignity, regardless of their race, their background, or zip code. When communities are denied access to fair lending, families are denied the opportunity to build stability and financial success,” said U.S. Attorney Zachary A. Cunha for the District of Rhode Island. “I am pleased that, as a result of the hard work of attorneys in my office and the department’s Civil Rights Division, Washington Trust has agreed to take targeted and extensive measures to make meaningful lending services available for all Rhode Islanders, regardless of race or background.”
The complaint alleges, from 2016 through at least 2021, Washington Trust failed to provide mortgage lending services to majority-Black and Hispanic neighborhoods in Rhode Island. The complaint alleges that despite expansion across the state of Rhode Island, Washington Trust has never opened a branch in a majority-Black and Hispanic neighborhood. The complaint alleges that Washington Trust relied on mortgage loan officers working out of only majority-white areas as the primary source for generating loan applications, and Washington Trust failed to train or incentivize its lending staff or conduct outreach, marketing and advertising of its mortgage services to compensate for its lack of branches and presence in majority-Black and Hispanic areas. The complaint further alleges that, compared to Washington Trust, over the same six-year period, other banks received nearly four times as many loan applications each year in majority-Black and Hispanic neighborhoods in Rhode Island. The complaint also alleges that, even when Washington Trust generated loan applications from majority-Black and Hispanic areas, the applicants themselves were disproportionately white.
Under the proposed consent order, which is subject to court approval, Washington Trust has agreed to do the following:
- Invest at least $7 million in a loan subsidy fund to increase access to home mortgage, home improvement, home refinance and home equity loans and lines of credit for residents of majority-Black and Hispanic neighborhoods in Rhode Island;
- Spend $1 million on community partnerships to provide services that increase residential mortgage credit access for residents of those neighborhoods;
- Spend $1 million for advertising, outreach, consumer financial education and credit counseling focused on majority-Black and Hispanic neighborhoods;
- Open two new branches in majority-Black and Hispanic neighborhoods in Rhode Island; and ensure at least two mortgage loan officers are dedicated to serving these neighborhoods; and
- Employ a Director of Community Lending who will oversee the continued development of lending in communities of color.
Washington Trust also agreed to complete a community credit needs assessment, to assess and report on its fair lending program; and to train staff on the bank’s obligations under the consent order. Washington Trust worked cooperatively with the department to resolve and remedy the redlining concerns that were identified and agreed to settle this matter without contested litigation.
In October 2021, Attorney General Merrick B. Garland and Assistant Attorney General Kristen Clarke launched the Justice Department’s Combating Redlining Initiative, a coordinated enforcement effort to address this persistent form of discrimination against communities of color. Since 2021, the department has announced nine redlining cases and secured $98 million in relief for communities of color that have been the victims of lending discrimination across the country.
A copy of the complaint and information about the department’s fair lending enforcement can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291 or submitting a report online.
washington_trust_consent_order.pdf washington_trust_complaint.pdfFulton County, Georgia, Jail Officer Indicted for Strangling InmateRead the Press Release
A former Fulton County, Georgia, Sheriff’s Office detention officer was indicted on federal charges of depriving a pretrial detainee of her civil rights under color of law.
The indictment charges former Detention Officer Monique Clark, 32, with one count of deprivation of rights under color of law for willfully using unreasonable force against a pretrial detainee, who is identified in the indictment as C.B. Specifically, the indictment alleges that Clark, without legal justification, strangled C.B. while C.B. was handcuffed, resulting in bodily injury to C.B.
The charge carries a maximum penalty of 10 years in prison. A federal judge will determine any sentence based on 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 Ryan Buchanan for the Northern District of Georgia and Special Agent in Charge Keri Farley of the FBI Atlanta Field Office made the announcement.
The FBI Atlanta Field Office investigated this case.
Assistant U.S. Attorney Brent Gray for the Northern District of Georgia and Trial Attorney Alec Ward 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.
clark_indictment_september_27.pdfEl Departamento de Justicia llega a un acuerdo que asciende a $9 millones con Washington Trust Company para resolver alegaciones de exclusión financiera en Rhode IslandRead the Press Release
El Departamento de Justicia anunció hoy que Washington Trust Company (Washington Trust), el banco comunitario más antiguo del país, ha acordado pagar $9 millones para resolver las alegaciones que incurrió en un patrón o una práctica de discriminación crediticia al practicar la exclusión financiera en barrios de mayoría negra e hispana en Rhode Island.
La exclusión financiera es una práctica ilícita en la que los prestamistas evitan la provisión de servicios crediticios a individuos que viven en comunidades de color por motivos de la raza, el color de piel o el origen nacional de las personas que viven en esas comunidades.
“Este acuerdo debería enviar un mensaje sólido a los bancos con respecto al firme compromiso del Departamento de Justicia de combatir la exclusión financiera que existe hoy y garantizar que todos los prestamistas proporcionen la igualdad de oportunidades de préstamos hipotecarios a las comunidades de color”, dijo Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. “Esta resolución proporcionará una compensación crítica a las comunidades negras e hispanas afectadas, así permitiéndoles comprar una casa, conservar su casa o acceder al valor neto de su casa. Poner fin a la exclusión financiera y proporcionar una compensación a las comunidades de color afectadas por esta práctica ilegal es un paso necesario en los esfuerzos continuos para reducir las brechas en la riqueza racial y las posibilidades de ser propietario de una vivienda por todo nuestro país”.
“Todo aquel que persiga el sueño americano tiene derecho a recibir un trato igualitario y digno, independientemente de sus antecedentes, raza o código postal. Cuando a las comunidades se les niega el acceso a préstamos justos, se les niega a las familias la oportunidad de construir estabilidad y éxito financiero”, afirmó el Fiscal Federal Zachary A. Cunha. “Me complace que, como resultado del arduo trabajo de los abogados en mi oficina y en la División de Derechos Civiles del Departamento de Justicia, Washington Trust haya acordado tomar medidas específicas y extensas para poner servicios crediticios a la disposición de todos los de Rhode Island, independientemente de su raza o antecedentes”.
La queja alega que, desde 2016 hasta al menos 2021, Washington Trust no proporcionó servicios de préstamos hipotecarios a barrios de mayoría negra e hispana en Rhode Island. La queja alega que, a pesar de su expansión en todo el estado de Rhode Island, Washington Trust nunca ha abierto una sucursal en un barrio de mayoría negra e hispana. La queja alega que Washington Trust confió en los agentes de préstamos hipotecarios que trabajaban solo en áreas de mayoría blanca como la fuente principal para generar solicitudes de préstamos, y Washington Trust no entrenó ni incentivó a su personal de préstamos ni llevó a cabo la difusión, comercialización y publicidad de sus servicios hipotecarios para compensar su falta de sucursales y presencia en áreas de mayoría negra e hispana. Más aún, la demanda alega que, en comparación con Washington Trust, durante el mismo período de seis años, otros bancos recibieron casi cuatro veces más solicitudes de préstamos cada año en barrios de mayoría negra e hispana en Rhode Island. La queja también alega que, incluso cuando Washington Trust generó solicitudes de préstamos de áreas de mayoría negra e hispana, los propios solicitantes eran desproporcionadamente blancos.
En virtud de la orden de consentimiento propuesta, que está sujeta a la aprobación del tribunal, Washington Trust ha acordado hacer lo siguiente:
- Invertir al menos $7 millones en un fondo de subsidios para préstamos para aumentar el acceso a préstamos hipotecarios, mejoras en la vivienda, refinanciamiento y préstamos y líneas de crédito sobre el valor neto de la vivienda para residentes de barrios de mayoría negra e hispana en Rhode Island;
- Invertir $1 millón en asociaciones comunitarias para proporcionar servicios que aumenten el acceso al crédito hipotecario residencial para residentes de esos barrios;
- Invertir $1 millón en publicidad, proyección comunitaria, educación financiera al consumidor y asesoramiento de crédito centrado en barrios de mayoría negra e hispana;
- Abrir dos sucursales nuevas en barrios de mayoría negra e hispana en Rhode Island; garantizar que al menos dos agentes de préstamos hipotecarios estén dedicados a servir a estos barrios; y
- Emplear a un Director de Préstamos Comunitarios que supervisará el desarrollo continuo de préstamos en comunidades de color.
Por otra parte, Washington Trust acordó completar una evaluación de necesidades de crédito comunitario, para evaluar e informar sobre su programa de préstamos justos; y capacitar al personal sobre las obligaciones del banco en virtud de la orden de consentimiento. Washington Trust colaboró con el Departamento para resolver y corregir las preocupaciones de exclusión financiera que se identificaron y acordó resolver este asunto sin litigios impugnados.
En octubre del 2021, el Fiscal General Merrick B. Garland y la Fiscal General Auxiliar Kristen Clarke lanzaron la Iniciativa contra la Exclusión Financiera del Departamento de Justicia, un esfuerzo coordinado de aplicación de la ley para abordar esta forma persistente de discriminación contra las comunidades de color. Desde el año 2021, el Departamento ha anunciado nueve casos de exclusión financiera y ha obtenido $98 millones por concepto de compensación para comunidades de color que han sido víctimas de discriminación crediticia por todo el país.
Puede encontrar una copia de la queja e información sobre la aplicación de las leyes de préstamos justos del Departamento en www.justice.gov/fairhousing. Para informarnos de incidentes de discriminación en el ámbito crediticio, llame a la línea informativa del Departamento de Justicia para discriminación en la vivienda al 1-833-591-0291 o entregue un informe en línea.
Justice Department Awards $68.19 Million in Grants to Support American Indian and Alaska Native CommunitiesRead the Press Release
The Justice Department announced that it will award $68,196,816 through 88 grants to American Indian and Alaska Native communities to provide services and promote justice for survivors of domestic violence, sexual assault, stalking, and trafficking. The awards are administered through the Office on Violence Against Women (OVW) and will enhance Tribal justice systems, support an array of services for victims of these crimes, and provide training and technical assistance to service providers and Tribal governments. The awards were announced in conjunction with the 5th annual Tribal Governments Program Summit in Jacksonville, Florida.
“For too long, Alaska Native and American Indian communities have endured persistent and disproportionate levels of violence,” said Attorney General Merrick B. Garland. “These grants are another step in the Justice Department’s efforts to work in partnership with Tribes to deliver justice for survivors of domestic violence, sexual assault, stalking, and trafficking, and to help make Tribal communities safer.”
One National Institute of Justice study found that over 80% of American Indian and Alaska Native individuals have experienced violence in their lifetimes. This includes over 56% of women and 27% of men who have experienced sexual violence, and over 55% of women and 43% of men who have experienced physical violence by an intimate partner.
“American Indian and Alaska Native individuals experience unacceptably high rates of violence, which is in many ways a direct reflection of systematic injustice and institutional failures these populations face,” said Associate Attorney General Vanita Gupta. “Through the authority and funding in VAWA 2022, the Justice Department is strengthening our partnerships with more Tribes, supporting communities in holding individuals accountable, and focusing on solutions that center survivors.”
“American Indian and Alaska Native communities know best the unique challenges they face and how best to allocate resources, strengthen prevention efforts, and provide pathways for safety, healing, and justice for survivors,” said OVW Director Rosie Hidalgo. “Today’s grant announcements are a direct result of Tribes, advocates, and survivors who have bravely shared their stories, challenges, recommendations, and leadership. We look forward to continuing our strong partnerships with Tribes and strengthening the collaboration to advance these shared goals.”
Today’s announced grants include:
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48 grants totaling $39,958,557 under OVW’s Tribal Governments Program to support Tribes in developing strategies to respond to domestic violence, dating violence, sexual assault, stalking, and sex trafficking against Indian women, support survivor safety, and develop education and prevention strategies;
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20 grants totaling $7,643,760 under the Grants to Tribal Domestic Violence and Sexual Assault Coalitions Program to encourage the development of nonprofit, nongovernmental Tribal domestic violence and sexual assault coalitions;
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Seven grants totaling $6,450,000 under the Tribal Sexual Assault Services Program to support projects that create, maintain, and expand services for sexual assault survivors provided by Tribes, Tribal organizations, and nonprofits within Tribal lands;
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Four grants totaling $6 million under the Special Tribal Criminal Jurisdiction Grant Program for Tribal governments to provide support and technical assistance in planning and implementing changes in their criminal justice systems to exercise special criminal jurisdiction and for expenses incurred in exercising the jurisdiction. In addition, OVW will award two grants totaling $3 million under the Special Tribal Criminal Jurisdiction: Targeted Support for Alaska Native Tribes Special Initiative;
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Five grants totaling $4,149,999 under OVW’s Tribal Special Assistant U.S. Attorney Initiative, which funds the salary, training, travel, and supplies for Tribal prosecutors who are designated as Special Assistant U.S. Attorneys (SAUSAs) to work directly with U.S. Attorney’s Offices in their investigation and prosecution of Indian country domestic violence, sexual assault, dating violence, stalking, and sex trafficking cases; and
Two grants totaling $994,500 under OVW’s National Tribal Clearinghouse on Sexual Assault (NTCSA) initiative to provide training and technical assistance on issues related to sexual assault of American Indian and Alaska Native women.
OVW administers grant programs designed to develop the nation’s capacity to reduce sexual assault, domestic and dating violence, and stalking. Tribal organizations and governments interested in applying for these and other grants are encouraged to visit the OVW website for more details and application guidelines.
Full Award Lists
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2023 OVW STCJ-Alaska Awards
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2023 OVW STCJ Awards
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2023 OVW TSAUSA Awards
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2023 OVW TSASP Awards
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2023 OVW Tribal Government Awards
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2023 OVW Tribal Coalition Awards
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2023 OVW NTCSA Awards
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Two Puerto Rican Men Plead Guilty to Federal Hate Crime Against a Transgender Woman and Obstruction of Justice ChargesRead the Press Release
Two Puerto Rican men pleaded guilty today to federal charges of conspiracy to commit a hate crime and obstruction of justice, arising out of an assault with a dangerous weapon against a transgender woman because of her gender identity.
According to court documents, on Feb. 24, 2020, at around 12:29 a.m. ET, Jordany Rafael Laboy-Garcia and Christian Yamaurie Rivera-Otero, along with their former co-defendant Anthony Steven Lobos-Ruiz, were out driving together in Toa Baja, Puerto Rico, when they saw the victim, identified as A.N.L., standing under a tent near the side of the road. The defendants recognized A.N.L. from social media posts concerning an incident that had occurred the day prior at a McDonald’s in Toa Baja. During that incident, A.N.L. had used a stall in the McDonald’s women’s restroom.
Upon recognizing A.N.L., Lobos-Ruiz used his iPhone to record a video of himself yelling, “la loca, la loca,” as well as other disparaging and threatening comments to A.N.L. from inside the car. The defendants then decided to get a paintball gun to shoot A.N.L. and record another iPhone video. Within 30 minutes, they retrieved a paintball gun and returned to the location where they had last seen A.N.L., who was still at that location. Lobos-Ruiz then used his iPhone to record Laboy-Garcia shooting at A.N.L. multiple times with the paintball gun. After the assault ended, Lobos Ruiz shared the iPhone video recordings with others.
Several hours later, Rivera-Otero and Lobos-Ruiz exchanged text messages, in which they told each other to delete the evidence of their harassment and paintball gun assault of A.N.L., in order to conceal their involvement. Following this message exchange, Lobos-Ruiz deleted the videos on his iPhone of himself yelling at A.N.L. and of Laboy-Garcia firing paintballs at A.N.L.
“The defendants are being held accountable for assaulting a transgender woman because of her gender identity and then trying to obstruct an investigation into that assault,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Acts of violence against LGBTQI+ people have no place in our society today. As we mark 25 years since the death of Matthew Shepard, the Justice Department remain steadfast in its commitment to investigate and prosecute those who target LGBTQI+ people with acts of violence.”
“To assault an innocent victim who posed no threat to the defendants for no other reason than her gender identity is reprehensible behavior that will not be tolerated,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “The Justice Department will continue to vigorously defend the rights of all people, regardless of their gender identity, to be free from hate-fueled violence. Our community must stand together against acts of violence motivated by hate for any group of people – we remain steadfast in our commitment to prosecute civil rights violations and keep our communities safe and free from fear.”
“What makes our country great is our diversity in all aspects of life,” said Special Agent in Charge Joseph Gonzalez of the FBI San Juan Field Office. “This diversity makes us strong, and criminal acts undermine our society's foundations. The FBI will not tolerate hateful criminal activity of any kind and will pursue these cases to the full extent of the law. We urge anyone who thinks they have been a victim or a witness to a hate crime to call 787-987-6500 or leave a tip by visiting Tips.FBI.Gov. Know that we are here for you."
As part of the plea agreement, Laboy-Garcia pleaded guilty to conspiring to commit a hate crime and admitted that he shot paintballs at A.N.L. because she was, and was perceived to be, transgender. Rivera-Otero pleaded guilty to obstruction of justice and admitted to directing his co-defendant to delete video recordings of the assault and harassment of A.N.L.
Sentencing hearings for both defendants have been scheduled for Nov. 10. A federal district court judge will determine any sentence after consideration of the U.S. Sentencing Guidelines and other statutory factors.
Lobos-Ruiz previously pleaded guilty to committing a hate crime and was sentenced to 33 months in prison.
The FBI San Juan Field Office investigated the case.
Assistant U.S. Attorney Jose A. Contreras for the District of Puerto Rico and Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Section are prosecuting the case.
Two Promoters Charged in Alleged Nationwide Illegal Abusive-Trust Tax Shelter Fraud SchemeRead the Press Release
A federal grand jury in Denver returned an indictment, unsealed today, charging a Colorado man and a Texas man with conspiring to defraud the United States and with assisting in the preparation of false income tax returns. The indictment also charges the Colorado man and his spouse with evading their personal federal income taxes.
According to the indictment, since 2017, Timothy McPhee of Estes Park, Colorado, and Larry Conner of Frisco, Texas – along with others – promoted and sold an abusive-trust tax shelter to clients nationwide for fees ranging from approximately $25,000 to $50,000. The indictment alleges that McPhee and Conner instructed clients to assign their income to a series of sham trusts to make it appear as if the income was no longer owned or controlled by the client. However, this paper trail was allegedly false as the clients continued to benefit from and control the income assigned to the sham trusts. McPhee and Conner’s promotion and sale of the tax shelter allegedly resulted in tens of millions of dollars in federal income taxes not being paid to the IRS.
McPhee and Conner allegedly assured clients that after transferring income or personal property to the sham trusts, the clients would retain full control over the assets and could continue to use them for their benefit. To facilitate such use, McPhee and Conner allegedly directed their clients to open bank accounts and obtain credit cards in the names of their sham trusts and to pay personal expenses with funds held in those accounts. McPhee and Conner also allegedly directed their clients to transfer real estate and other assets to the sham trusts to avoid paying income taxes on any capital gains incurred from the sale of those assets.
McPhee and his wife, Marcia Predmore, are charged with using the abusive-trust tax shelter to conceal a substantial amount of their own income from the IRS. McPhee and Predmore allegedly signed trust instruments purporting to create four trusts, opened bank accounts in the name of each entity and paid for personal living expenses from those bank accounts. The indictment alleges that McPhee and Predmore assigned nearly all their income to their sham trusts and transferred multiple real estate properties to one of their sham trusts before selling the property. McPhee and Predmore then allegedly filed false individual income tax returns with the IRS that failed to report the income they assigned to the sham trusts.
If convicted, McPhee and Conner face a maximum penalty of five years in prison for conspiring to defraud the United States and three years in prison for each count of aiding and assisting in the preparation of false tax returns. McPhee and Predmore also face a maximum penalty of five years in prison for each count of tax evasion. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS Criminal Investigation is investigating the case.
Senior Litigation Counsel Corey J. Smith and Trial Attorneys Lauren K. Pope and Amanda R. Scott of the Tax Division are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States, Mexico, and Canada Launch Joint Initiative to Detect Collusive Schemes Seeking to Exploit the 2026 FIFA World CupRead the Press Release
The Justice Department announced today, alongside its partners from Mexico’s Federal Economic Competition Commission (COFECE) and Canada’s Competition Bureau, the launch of a joint initiative to deter, detect and prosecute collusive schemes related to the provision of goods and services in connection with the 2026 FIFA World Cup. The 2026 FIFA World Cup will be jointly hosted by the three nations, with events scheduled to occur across 11 locations in the United States, three cities in Mexico, and two cities in Canada. Through this initiative, the enforcement agencies will collaborate on outreach to the public and business community about anti-competitive conduct, as well as on investigations, using intelligence sharing and existing international cooperation tools.
“This historic event will bring billions of dollars in economic activity to cities across the United States, Mexico, and Canada,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The Antitrust Division will be vigilant in detecting anticompetitive conduct by any businesses and individuals that exploit the economic opportunities created by the games. We look forward to working with our international partners on this effort.”
“As an authority, we have set out to make the benefits of competition tangible for the population,” said Chairwoman Andrea Marván of COFECE. “For Mexico, competition in soccer means passion and enjoyment. Just as in the World Cup, for competition to happen in the economic markets, a level playing field for all those interested in offering their goods and services should be guaranteed. Today we announce a historic collaboration to promote the inclusive benefits of economic and sports competition. In this regard, COFECE will be as vigilant as ever to guarantee that the economic benefits derived from this event are not affected by anti-competitive conducts that could harm both local and international fans. We will work alongside the U.S. and Canadian antitrust agencies to ensure that, no matter where, all markets are working in a competitive and efficient way during this historic event.”
“Strong cooperation among law enforcers and partner organizations is key to ensuring that illegal conduct is investigated, and that appropriate action is taken,” said Commissioner Matthew Boswell of the Competition Bureau of Canada. “The Competition Bureau will do everything in its power to pursue those who seek to unjustly profit from the World Cup.”
The World Cup is expected to generate benefits across a wide range of sectors in the economy, including the construction, entertainment and tourism industries in the following host sites: Atlanta, Boston, Dallas, Houston, Kansas City, Missouri, Los Angeles, New York/New Jersey, Miami, Philadelphia, the San Francisco Bay Area and Seattle. Collaborating with our international partners will allow us to deter anti-competitive conduct impacting the games in our three nations.
Anyone with information regarding market allocation, price fixing, bid rigging or other anticompetitive conduct should contact the Procurement Collusion Strike Force at www.justice.gov/procurement-collusion-strike-force or the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258.
The Justice Department is committed to working closely with the public, the business community and our international partners to enforce the antitrust laws for the protection of the American people.
Readout of U.S. Attorney General Merrick B. Garland’s Meeting with Ukrainian Prosecutor General Andriy KostinRead the Press Release
U.S. Attorney General (AG) Merrick B. Garland hosted Ukrainian Prosecutor General (PG) Andriy Kostin at the Justice Department today. The two leaders discussed efforts to hold accountable perpetrators of war crimes and other atrocities and the importance of strong, independent anti-corruption institutions.
“The Justice Department and the Ukrainian Prosecutor General’s Office are united in our resolve that the Russian perpetrators of aggression, war crimes, and crimes against humanity in Ukraine will not get away with them,” said Attorney General Merrick B. Garland. “And the Justice Department will continue to stand beside our Ukrainian partners as they work to ensure the continuity of a justice system the Ukrainian people can believe in.”
The meeting highlighted the important progress that the Department’s War Crimes Accountability Team, in partnership with PG Kostin’s Office, continues to make in its domestic investigations. The team also continues its support for Ukraine accountability efforts by providing Ukrainian prosecutors with operational assistance and advice including, recent training on environmental crimes and cooperation on victim witness issues. The AG also noted that earlier this month, the Department’s War Crimes Accountability Team made its second set of contributions of Ukraine-related evidence to Eurojust’s Core International Crimes Evidence Database.
The AG and PG also discussed the work of the newly appointed U.S. Special Prosecutor for the Crime of Aggression at the International Centre for the Prosecution of the Crime of Aggression Against Ukraine at The Hague as well as the work of the Department’s Resident Legal Advisor in Kyiv, Ukraine. After reaffirming their commitment to these important efforts, the leaders identified areas for strengthened law enforcement cooperation, including efforts against cybercrime, organized crime, and community prosecution.
AG Garland reiterated the Department’s commitment to work with Ukraine’s Prosecutor General’s Office, the Specialized Anti-Corruption Prosecutor’s Office (SAPO), and the National Anti-Corruption Bureau (NABU) to support and strengthen efforts to target high-level corruption, through the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) Resident Legal Advisor in Kyiv.
The PG and Ambassador of Ukraine to the United States Oksana Markarova then presented Attorney General Garland with the Order of Prince Yaroslav the Wise award that President Zelenskyy authorized for the Attorney General’s steadfast support to Ukraine.
Also at the meeting was the Justice Department’s Counselor for War Crimes Accountability, Eli Rosenbaum, who accepted the order of merit award presented by PG Kostin and authorized by President Zelenskyy.
Attorney General Garland also reaffirmed the Department’s continued commitment to seizing and forfeiting illicit assets through the Department’s Task Force KleptoCapture and efforts of preventing and disrupting critical technology from being acquired by the Russian war machine.
PG Kostin updated the AG on anticorruption efforts as well as the importance of efforts to recover and seek justice for Ukrainian children kidnapped and forcibly deported by Russia and the gravity of Russian war crimes against Ukrainian children and adults.
Justice Department Marks 23rd Anniversary of Federal Religious Land Use Law by Announcing Community Outreach Program and Resources to Increase Awareness of Protections for Faith-Based GroupsRead the Press Release
WASHINGTON – To commemorate the 23rd anniversary of the signing of the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law that protects persons and religious institutions from discriminatory land use regulations, the Justice Department announced several efforts to increase awareness of RLUIPA’s protections. The department will host a series of outreach events and has released updated informational materials about RLUIPA to provide an overview of the law and the department’s enforcement efforts, as well as information about how to identify and report violations.
“Over the last 23 years, the Religious Land Use and Institutionalized Persons Act has helped to combat religious discrimination by protecting the civil rights of faith communities across the country,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “In light of continued anti-Semitism, Islamophobia and other forms of religious discrimination, the Justice Department stands ready to use federal civil rights law to ensure that communities can use their property for worship and to freely engage in religious exercise. The anniversary of RLUIPA provides an opportunity to underscore our commitment to protecting religious rights and ensuring that people are able to freely use land to worship and practice their faith.”
“RLUIPA provides important protections for religious groups throughout New Jersey,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Our office is committed to combatting religious discrimination and ensuring that religious groups are treated fairly and equally under local land use laws. We look forward to increasing awareness of RLUIPA and co-hosting this important event with Seton Hall Law School.”
The department’s first RLUIPA outreach event will take place at Seton Hall Law School in Newark, New Jersey, on Oct. 30. The event will include remarks from officials with the Justice Department’s Civil Rights Division, the U.S. Attorney’s Office for the District of New Jersey, religious leaders in New Jersey whose organizations have benefited from RLUIPA’s protections and attorneys who have experience litigating RLUIPA cases. The department will host additional events across the country in the coming months, including in California and Michigan. For more information about these events, please see the department’s RLUIPA website. All events will be open to the public.
RLUIPA was passed unanimously by Congress and signed into law on Sept. 22, 2000, and contains provisions covering religious land use and religious exercise by people who are incarcerated. Since RLUIPA’s passage, the department has opened over 150 formal investigations and filed 28 lawsuits and 34 friend of the court briefs related to RLUIPA’s land use provisions. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
Individuals who believe they have been subjected to religious discrimination in land use or zoning decisions may contact the Civil Rights Division’s Housing and Civil Enforcement Section at (833) 591-0291 or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at www.justice.gov/crt/about/hce/rluipaexplain.php.
Yale University and Its Professor Agree to Pay $1.5 Million for Failure to Share Patent Royalties with VARead the Press Release
Yale University and Dr. John Krystal have agreed to pay $1,507,743.67 to resolve False Claims Act and common law allegations that they failed to disclose certain patents and failed to share patent royalties with the Department of Veteran Affairs (VA) for inventions made by Dr. Krystal when he worked for both institutions. The settlement resolves alleged conduct between March 2006 and February 2023.
“Universities and their professors must properly disclose and share royalties on inventions they discover while working for the government,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will ensure that those who benefit from government funding and resources properly compensate the taxpayers.”
“It is critical that inventions funded with taxpayer money be fully and timely disclosed to the government,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “This settlement shows our commitment to ensuring that the government is fairly compensated for all taxpayer funded inventions.”
“The VA Office of Inspector General is committed to ensuring the VA is appropriately and fairly compensated for all intellectual property developed through VA-funded research projects,” said Special Agent in Charge Christopher Algieri with the Department of Veterans Affairs Office of Inspector General’s (VA OIG) Northeast Field Office. “The VA OIG thanks the Department of Justice for its efforts to reach this settlement.”
At the time of the inventions, Dr. Krystal was employed part time at Yale in various positions and with various research responsibilities, including as a Professor of Psychiatry, Neuroscience and Psychology, and Chair of the Department of Psychiatry in the Yale School of Medicine. He was also employed part time by the VA as a salaried clinical psychiatrist with research responsibilities at the VA Medical Center located in West Haven, Connecticut.
VA and Yale are parties to an agreement under which Yale and the VA agreed to promptly and in confidence disclose to each other all “Joint Inventions,” which included “any future invention or discovery, which is or may be patentable… in which at least one employee with compensation from the VA and at least one person who has an appointment with Yale is named as a co-inventor.” In addition, VA regulations require all VA employees to promptly disclose their inventions to the VA so the VA can make a determination as to whether it is entitled to ownership.
Beginning in March 2006, Dr. Krystal and four co-inventors applied for several patents related to the use of intranasal ketamine for treatment of depression and suicidal ideation. The patent applications allegedly acknowledged VA funding support. The U.S. Patent and Trademark Office issued three patents. Dr. Krystal assigned his interests in those three patents to Yale.
In February 2015, Yale and Dr. Krystal began receiving royalty payments arising from the three ketamine patents. The United States alleged they never shared these royalty payments, now totaling more than $3 million, with the VA, and did not disclose the patents to the VA until 2017. In September 2017 and then again in January and June 2019, another school (which had been assigned as agent for the ketamine patents), in coordination with Krystal and Yale, allegedly submitted documents to the U.S. Patent and Trademark Office removing the acknowledgement of VA support from the three ketamine patents.
The United States alleged that after a VA employee reminded Dr. Krystal of VA employees’ obligations to disclose inventions to the VA, in December 2017, Dr. Krystal submitted the required disclosure to the VA of the three ketamine patents. The VA then issued a determination that it was entitled to an ownership interest in the patents. Dr. Krystal appealed that determination to the National Institute of Standards and Technology, and the VA prevailed.
The settlement announced today resolves allegations that during the time-period from March 2006, when Dr. Krystal and the other co-inventors filed the first patent application, to Dec. 8, 2017, when Dr. Krystal disclosed the ketamine patents to the VA, Yale and Dr. Krystal knowingly and improperly avoided their obligations to disclose the ketamine patents to the VA and to pay the VA its share of the royalty payments for the patents. The settlement also resolves allegations that from the date that Dr. Krystal disclosed the patents through Feb. 3, Yale and Dr. Krystal were in breach of contract and unjustly enriched by their failure to share the royalty payments.
As part of this settlement, Dr. Krystal agreed to forego any entitlement to share in the settlement paid to VA, pursuant to rights that he would otherwise have as a VA employee inventor. Simultaneously with this settlement, Yale, Dr. Krystal and the VA also entered into a separate agreement, under which Yale and VA agreed to share future royalties associated with the ketamine patents and assign the patents to the VA.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the District of Connecticut and the VA’s Office of General Counsel.
Fraud Section Attorney Jonathan T. Thrope and Assistant U.S. Attorney Richard M. Molot for the District of Connecticut handled this matter.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
SettlementNurse Practitioner Convicted of $200M Health Care Fraud SchemeRead the Press Release
A federal jury in Miami convicted a Florida nurse practitioner yesterday for her role in a scheme to defraud Medicare by submitting more than $200 million in false and fraudulent claims for expensive genetic testing and medical equipment that the Medicare beneficiaries did not need.
According to court documents and evidence presented at trial, Elizabeth Hernandez, 45, of Homestead, signed thousands of orders for medically unnecessary orthotic braces and genetic tests, resulting in fraudulent Medicare billings in excess of $200 million. As part of the scheme, telemarketing companies would contact Medicare beneficiaries to convince them to request orthotic braces and genetic tests, and then send pre-filled orders for these products to Hernandez, who signed them, attesting that she had examined or treated the patients. In reality, she had never spoken with many of the patients. In 2020, Hernandez ordered more cancer genetic tests for Medicare beneficiaries than any other provider in the nation, including oncologists and geneticists. She then billed Medicare as though she were conducting complex office visits with these patients, and routinely billed more than 24 hours of “office visits” in a single day. Hernandez personally pocketed approximately $1.6 million in the scheme, which she used to purchase expensive cars, jewelry, home renovations, and travel.
The jury convicted Hernandez of one count of conspiracy to commit health care fraud and wire fraud, in addition to four counts of health care fraud and three counts of making false statements relating to health care matters. She is scheduled to be sentenced on Dec. 14. She faces a maximum penalty of 20 years in prison for conspiracy, 10 years in prison on each health care fraud count, and five years in prison on each false statement count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
The FBI and HHS-OIG investigated this case.
Trial Attorney Andrea Savdie and Assistant Chief Kate Payerle and of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, 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 Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Missouri Physicians and Pain Management Practices Agree to Pay over $650,000 to Settle Kickback Allegations Involving Laboratory TestingRead the Press Release
Gregory Stynowick, M.D. and his pain management practice, Pain Management Medical Center LLC, of Florissant, Missouri, and Chad Shelton, M.D., Michael Boedefeld, M.D., and their pain management practice, Pro Pain LLC, of St. Louis, have agreed to pay a total of $653,796 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute in return for referring patients for laboratory testing. The parties also have agreed to cooperate with the Justice Department's investigations of, and litigation against, other participants in the alleged schemes.
“Kickbacks are designed to improperly influence healthcare providers’ medical decisions,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Patients should not have to wonder if their doctors’ medical decisions are being driven by unlawful inducements.”
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlements announced today resolve allegations that Drs. Stynowick, Shelton and Boedefeld, and their medical practices received kickbacks in violation of the Anti-Kickback Statute in return for making referrals to laboratories in Texas, California, and Florida.
- Stynowick and Pain Management Medical Center. Dr. Stynowick and his pain management practice, Pain Management Medical Center, have agreed to pay $257,436 to resolve two allegations. First, from May 2017 to July 2018, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Beachwood Services LLC (Beachwood) in return for Dr. Stynowick ordering laboratory tests from Landmark Diagnostics LLC (Landmark), a clinical laboratory in Houston, Texas, and Sprint Diagnostics LLC (Sprint), a clinical laboratory in Santa Ana, California. Second, from August 2018 to January 2020, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported MSO named Alari Group LLC (Alari) in return for Dr. Stynowick ordering laboratory tests from Genesis Reference Laboratories LLC (Genesis), a clinical laboratory in Orlando, Florida, and InHealth Diagnostic LLC (InHealth), a clinical laboratory in Dallas, Texas.
- Shelton, Dr. Boedefeld, and Pro Pain. Dr. Shelton, Dr. Boedefeld, and their pain management practice, Pro Pain, have agreed to pay $396,360 to resolve two allegations. First, from February 2017 to September 2018, Pro Pain allegedly received thousands of dollars in MSO payments from Beachwood in return for Dr. Shelton and Dr. Boedefeld ordering laboratory tests from Landmark and Sprint. Second, from July 2018 to October 2020, Pro Pain allegedly received thousands of dollars in MSO payments from Alari in return for Dr. Shelton and Dr. Boedefeld ordering laboratory tests from Genesis, InHealth and American Institute of Toxicology Inc. (AIT), a clinical laboratory in Denton, Texas.
“Kickbacks can compromise medical practitioners’ judgment by creating financial incentives for certain medical decisions,” said U.S. Attorney Philip Sellinger for the District of New Jersey. “Doctors and clinical laboratories are on notice that kickback-for-test schemes like those alleged here can violate the Anti-Kickback Statute. We will continue to use all appropriate tools to safeguard the integrity of the federal healthcare systems.”
“Individuals and entities that participate in the federal healthcare system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients,” said Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Certain violations of the Anti-Kickback Statute can induce medically unnecessary testing and inappropriately steer medical tests to providers who may not return timely or quality results.”
The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from HHS-OIG.
The settlements announced today were handled by Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey.
The United States has recovered over $34 million relating to conduct involving MSO kickbacks to healthcare providers, including False Claims Act settlements with 39 physicians.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
Pro Pain Settlement PMMC SettlementJustice Department Tribal Access Program Will Continue to Improve the Exchange of Critical DataRead the Press Release
The Justice Department has selected 14 federally recognized Tribes to participate in the continued expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides Tribal governments with means to access, enter, and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division. This announcement follows Attorney General Merrick B. Garland’s trip to Alaska last month, during which he visited Anchorage and the village of Galena. Attorney General Garland met with Tribal leaders and advocates to discuss the public safety challenges that Alaska Native individuals and communities face.
“Meeting the most urgent public safety challenges in Tribal communities requires strengthening cooperation and collaboration between Tribal and federal law enforcement,” said Attorney General Merrick B. Garland. “This latest expansion of access to national crime databases will empower Tribal governments with better tools and technology and will help make Tribal communities and communities across the country safer.”
The program provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to CJIS systems. With these additional Tribes, there are now 132 federally recognized Tribes participating in TAP.
The Justice Department began TAP in 2015 in response to concerns raised by Tribal leaders about the need to have direct access to federal systems. Using TAP, Tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.
The following Tribes have been selected for participation in TAP:
- Pauma Band of Luiseno Mission Indians
- Chickaloon Native Village
- Nez Perce Tribe
- Mashpee Wampanoag Tribe
- Agua Caliente Band of Cahuilla Indians
- Quechan Tribe
- Pueblo of Isleta
- Pala Band of Mission Indians
- Lovelock Paiute Tribe
- Tonto Apache Tribe
- Bois Forte Band of Chippewa
- Yakutat Tlingit Tribe
- Ho-Chunk Nation
- Comanche Nation
TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
Justice Department Secures Agreement with UPS to Resolve Immigration-Related Employment Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with United Parcel Service Inc. (UPS). The settlement resolves the department’s determination that UPS violated the Immigration and Nationality Act (INA) when the company discriminated against a lawful permanent resident based on his immigration status and then retaliated against him. The department also determined that UPS routinely rejected valid documentation that certain non-U.S. citizens presented to obtain an airport badge, which they needed to perform certain job duties at an UPS airport facility.
“Employers cannot create unlawful barriers based on workers’ immigration status at any point during the hiring process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will vigorously enforce the law to ensure employers conduct all parts of the hiring process fairly and that workers are not retaliated against for exercising their rights.”
Under the settlement, UPS will pay nearly $100,000 in back pay, front pay and associated benefits to the affected worker. It will also pay a civil penalty to the United States, train its staff on the INA’s anti-discrimination provision, revise its policies and procedures and be subject to monitoring by the department.
The department’s investigation arose from a complaint alleging that UPS discriminated and retaliated against a lawful permanent resident in its airport badging process at its Logan Airport facility in Boston. The department concluded that UPS discriminated against the lawful permanent resident when UPS rejected the documentation that the worker provided to receive an airport badge, even though the worker provided valid and acceptable documentation according to airport authority rules. According to the department, because UPS rejected the worker’s documentation, it refused to submit a badge application to the relevant airport authority on his behalf, which made it impossible for him to complete certain job duties. The department determined that UPS later retaliated against the worker by firing him after he complained to UPS about the discrimination.
The department also found that the UPS facility had a policy or practice of rejecting valid documentation that some non-U.S. citizens show to obtain an airport badge, such as Machine Readable Immigrant Visas (MRIVs) with an I-551 stamp.
The investigation concluded that the airport authority was not involved in the alleged discrimination and its badging policies were the same regardless of a person’s citizenship, immigration status or national origin.
Under the INA, employers generally cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process. Employers also cannot retaliate against a person for asserting their rights under the law.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship or immigration status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email [email protected]; or visit IER’s English and Spanish websites. Sign up for email updates from IER.
ups_settlement_agreement_september_21.pdfFormer CFO of Russian Natural Gas Company Sentenced to More Than Seven Years in Prison for Tax CrimesRead the Press Release
Mark Anthony Gyetvay of Naples, Florida, was sentenced today to 86 months in prison for a scheme to hide millions of dollars of income in undisclosed Swiss bank accounts and submitting a false filing with the IRS. Gyetvay was also ordered to serve three years of supervised release and to pay a $350,000 fine and approximately $4,021,074 in restitution to the United States. A federal jury convicted Gyetvay in March of failing to file a Report of Foreign Bank and Financial Accounts (FBAR), making a false statement to the IRS and willfully failing to file tax returns.
According to court documents and evidence presented at trial, 2005 to 2015, Gyetvay concealed his ownership and control over substantial offshore assets and did not file tax returns or pay taxes on millions of dollars of income.
After working as a certified public accountant (CPA) in the United States and Russia, Gyetvay became the chief financial officer of Novatek, a large Russian natural gas company. Beginning in 2005, Gyetvay opened two different accounts at a bank in Switzerland to hold large sums of money, which at one point had an aggregate value of over $93 million. Over a period of several years, Gyetvay took steps to conceal his ownership and control over these funds, including removing his name from the accounts and making his then-wife, a Russian citizen, the beneficial owner of the accounts. Additionally, and despite being a CPA, Gyetvay did not file personal tax returns for 2013 and 2014.
Moreover, Gyetvay did not file FBARs, as required, to disclose his control over the Swiss bank accounts, even rejecting his accountant’s recommendation to do so. In an unsuccessful attempt to avoid significant financial penalties, Gyetvay made a false filing with the IRS using the Streamlined Foreign Offshore Procedures, which is only available to taxpayers whose failure to report offshore assets and income is due to non-willful conduct.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger Handberg for the Middle District of Florida made the announcement.
IRS-Criminal Investigation investigated the case.
Senior Litigation Counsel Stanley J. Okula Jr., Assistant Chief David Zisserson and Trial Attorney Kevin Schneider of the Tax Division prosecuted the case with support from the U.S. Attorney’s Office for the Middle District of Florida.
El Departamento de Justicia llega a un acuerdo con UPS para resolver una acusación de discriminación en el empleo relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con United Parcel Service Inc. (UPS). El acuerdo resuelve la determinación del Departamento que UPS vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) cuando la compañía discriminó a un residente permanente legal por motivos de su estatus migratorio y, posteriormente, tomó represalias en su contra. Por otra parte, el Departamento también determinó que UPS, de manera rutinaria, rechazó documentación válida que ciertos no ciudadanos de los EE. UU. presentaron para obtener una credencial de identificación del aeropuerto, la cual necesitaban para realizar ciertas tareas laborales en las instalaciones aeroportuarias de UPS.
«Los empleadores no pueden, en ningún momento durante el proceso de contratación, crear barreras ilícitas con base en el estatus migratorio», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles hará cumplir esta ley con firmeza, con el fin de garantizar que los empleadores completen cada parte del proceso de contratación de una forma justa y que los trabajadores no sean víctimas de represalias por haber hecho valer sus derechos».
Conforme el acuerdo, UPS pagará casi $100,000 por concepto de pagos retroactivos, pagos por anticipado y beneficios asociados al trabajador afectado. También pagará una sanción civil a los Estados Unidos, capacitará a su personal en cuanto a la disposición antidiscriminatoria de la INA, revisará sus políticas y procedimientos y se someterá a la supervisión del Departamento.
La investigación del Departamento surgió de una demanda que alegó que UPS había discriminado y tomado represalias contra un residente permanente legal durante su proceso de emisión de la credencial de identificación aeroportuaria en sus instalaciones en el Aeropuerto Logan en Boston. El Departamento concluyó que UPS había discriminado al residente permanente legal al rechazar la documentación que el trabajador brindó para sacar una credencial de identificación aeroportuaria, a pesar de haber entregado documentación que, según las normas de las autoridades aeroportuarias, era aceptable. Según el Departamento, ya que UPS rechazó la documentación del trabajador, se negó a entregar una solicitud de una credencial de identificación a la autoridad aeroportuaria relevante en su nombre, por lo que le fue imposible para él realizar ciertas tareas laborales. El Departamento determinó que posteriormente, UPS tomó represalias contra el trabajador al despedirlo después de que se quejó a UPS de la discriminación.
Asimismo, el Departamento halló que las instalaciones de UPS tenían la política o práctica de rechazar documentación válida que algunos no ciudadanos de los EE. UU. presentan para poder sacar una credencial de identificación aeroportuaria, tal como las visas de inmigrantes de lectura mecánica (MRIV, por sus siglas en inglés) con un sello I-551.
La investigación concluyó que la autoridad aeroportuaria no formaba parte de la alegada discriminación y que sus políticas de emisión de credenciales de identificación eran iguales, independientemente de la ciudadanía, el estatus migratorio o la nacionalidad de origen de la persona.
Conforme a la INA, los empleadores no pueden, en ningún punto durante el proceso de contratación, discriminar con base en el estatus migratorio o de ciudadanía o bien por la nacionalidad de origen. Los empleadores tampoco pueden tomar represalias contra una persona por hacer valer sus derechos en virtud de esta ley.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Hay más información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación en los procesos de contratación y reclutamiento. Aprenda más sobre cómo la IER protege los derechos de los trabajadores en este video. Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea en vivo o vea una presentación a la carta; envíe un correo electrónico a [email protected]; o visite los sitios web de la IER en inglés y español. Inscríbase para recibir actualizaciones por correo electrónico de la IER.
ups_settlement_agreement_september_21.pdfLatest U.S. Marshals Operation Nabs More Than 4,400 FugitivesRead the Press Release
The U.S. Marshals Service arrested 4,455 violent fugitives during the latest phase of its high-impact fugitive apprehension initiative, dubbed Operation North Star III (ONS III). ONS III targeted violent offenders in 20 cities and resulted in the clearance of 2,818 violent warrants, to include homicide, forcible sexual assault, robbery, aggravated assault, and firearms violations. During this 3-month enforcement effort, investigators also seized 555 firearms, more than $1 million in U.S. currency, and 85 kilograms of illegal narcotics.
The primary jurisdictions of ONS III were Albuquerque; Baltimore; Buffalo, New York; Chicago; Cleveland; Columbus, Ohio; Detroit; Houston; Indianapolis; Jackson, Mississippi; Kansas City, Missouri; Los Angeles; Memphis, Tennessee; Milwaukee; New Orleans; New York; Oakland, California; Philadelphia; Puerto Rico; and Washington, D.C.
“Together with our law enforcement partners across the country, the Justice Department is zeroing in on the violent fugitives responsible for the greatest crime in our communities,” said Attorney General Merrick B. Garland. “The U.S. Marshals Service conducted Operation North Star III to target the most violent criminals, and together with state and local law enforcement arrested over 4,400 fugitives across 20 cities in just three months.”
“ONS is an evidence-based strategy that targets the drivers of violence in our communities,” said U.S. Marshals Service Director Ronald Davis. “ONS is part of the Attorney General’s violent crime reduction strategy, and its success is based on community partnerships and collaboration with our local and state law enforcement partners. I want to thank the outstanding work of the women and men of the USMS and our partnering law enforcement agencies. Together with the community, these efforts have contributed to successful violence reduction efforts in ONS cities.”
This enforcement action marks the third ONS since July 2022. In total, U.S. Marshals have apprehended more than 6,700 wanted fugitives, including 900 charged with homicide, in addition to removing more than 900 weapons associated to violent crime. The concept behind interagency law enforcement operations such as ONS evolved largely from regional and district fugitive task forces. Since the 1980s, the U.S. Marshals Service has combined their resources and expertise with local, state, and federal agencies to find and apprehend dangerous fugitives.
For more information visit www.usmarshals.gov.
Gary Man Sentenced to 30 Months in PrisonRead the Press Release
HAMMOND- Milton Daniels, 35 years old, of Gary, Indiana, was sentenced by United States District Court Senior Judge Jon E. DeGuilio after pleading guilty to being a felon in possession of a firearm, announced United States Attorney Clifford D. Johnson.
Daniels was sentenced to 30 months in prison followed by 2 years of supervised release.
According to documents in the case, on August 5, 2022, Daniels was arrested on an outstanding warrant. At the time of his arrest, Daniels possessed a loaded 9mm semi-automatic firearm. His criminal history revealed he had a prior felony conviction for residential entry and escape, and as such is prohibited from possessing the firearm in this case.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives in coordination with Indiana High Intensity Drug Trafficking Task Force and the Gary Police Department. This case was prosecuted by Assistant United States Attorney Michael J. Toth.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Readout of Justice Department Officials' Trip to Ghana and Togo to Advance West Africa Consumer Fraud InitiativeRead the Press Release
Deputy Assistant Attorney General Arun G. Rao and Deputy Director Richard Goldberg of the Justice Department’s Civil Division’s Consumer Protection Branch (CPB), together with colleagues from CPB and the FBI, met Sept. 11 to 15 with various key law enforcement partners to advance CPB’s West Africa Consumer Fraud Initiative in Ghana and Togo and combat fraud schemes originating in western Africa or facilitated by criminal enterprises operating in the region.
Deputy Assistant Attorney General Rao (front row, center, right), EOCO Deputy Director, Intelligence and Monitoring, Aba Opoku (front row, center, left), Assistant Legal Attaché Justin Nwadiashi (front row, right), and other officials from the Justice Department, FBI and EOCO meet at EOCO headquarters in Accra, Ghana.Meetings in Ghana took place with the Economic and Organized Crime Office (EOCO), the Office of the Special Prosecutor, the Office of the Attorney General, the National Intelligence Bureau, the Ghana Police Service, the Financial Intelligence Centre, the Ghana Immigration Service and the Ghana Revenue Authority.Meetings in Ghana took place with the Economic and Organized Crime Office (EOCO), the Office of the Special Prosecutor, the Office of the Attorney General, the National Intelligence Bureau, the Ghana Police Service, the Financial Intelligence Centre, the Ghana Immigration Service and the Ghana Revenue Authority.
Deputy Assistant Attorney General Rao (left), Director of Administration, Assistant Commissioner of Police (ACP) Solomon Ayawine (right), Assistant Legal Attaché Justin Nwadiashi (third from left) and other officials from the Justice Department, FBI and the Ghana Police Service meet at the Ghana Police Service (GPS) headquarters in Accra, Ghana to discuss transnational cyber-enabled fraud.Meetings in Togo took place with La Direction Générale de la Police Nationale (National Police, Inspector General), Brigade de la Renseignement d’investigations (Investigations and Intelligence Brigade), Direction Centrale de la Police Judicaire (Judicial Police), Direction Générale de la Documentation Nationale (National Documentation Director), Office Central de Répression du Trafic Illicite des Drogues et du Blanchiment (Anti-Drug Trafficking and Anti-Money Laundering – AHTU/AML Office) and La Cellule National de Traitement d’Information Financielle (The National Financial Intelligence Unit).
In their meetings in Ghana, the parties discussed strengthening cooperation and collaboration on parallel investigations and providing training assistance. In addition, CPB and FBI officials shared valuable insights and lessons learned related to the investigation and prosecution of cases involving fraud and public corruption.
Deputy Assistant Attorney General Rao (center), Director of the Strategy, Research, and Communications Division of the Office of the Special Prosecutor Sammy Darko (center, left), Assistant Legal Attaché Justin Nwadiashi (center, right) and other officials from the Justice Department, FBI and the Office of the Special Prosecutor meet at the headquarters of the Office of the Special Prosecutor in Accra, Ghana.In their meeting with EOCO, the parties discussed ways to build upon prior joint successes combating transnational organized crime schemes and romance fraud, including through reducing the time it takes to share evidence and how the department can further assist EOCO prosecutions in Ghana and facilitate asset forfeiture and recovery.
In Togo, the parties discussed the initiation and continuation of joint efforts to combat cyber-enabled fraud originating in or affecting Togo. They focused on aligning priorities and exploring strategies for improving lines of communication and information-sharing mechanisms.
The CPB’s West Africa Consumer Fraud Initiative seeks to address fraud schemes, including romance scams that often target elderly and vulnerable U.S. victims, pandemic relief fraud, unemployment insurance fraud and business email compromise scams, originating in western Africa (or facilitated by criminal enterprises operating in the region), with a focus on both perpetrators and money launderers. In 2022, the FTC’s Consumer Sentinel database received romance scam reports from nearly 70,000 people, with losses of $1.3 billion. That same year, the FBI received over 21,000 complaints of business email compromise schemes, with losses of $2.7 billion.
In addition to prosecuting criminal elder fraud cases, CPB provides guidance to U.S. Attorneys' Offices, the FBI, Homeland Security Investigations, U.S. Secret Service and the U.S. Postal Inspection Service on fraud investigations with links to the region.
Deputy Assistant Attorney General Rao (left), Brigade de Renseignement d’Investigations (BRI) Police Commissioner Papa M. MENSAVI (right), and other officials from the Justice Department, FBI and La Police Nationale meet at the headquarters of La Police Nationale in Lomé, Togo, to discuss law enforcement collaboration. Deputy Assistant Attorney General Rao (center), Inspector General of Police in Togo Colonel Yaovi Okpaoul (left) and other officials from the Justice Department, FBI and La Police Nationale meet at the headquarters of La Police Nationale in Lomé, Togo, to discuss international law enforcement priorities.New Central Ohio Crime Gun Intelligence Center Opens in ColumbusRead the Press Release
Alongside state leadership and local partners in Columbus, Ohio, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced today the opening of a new Central Ohio Regional Crime Gun Intelligence Center (CGIC). These centralized law enforcement hubs focus exclusively on investigating and preventing gun violence in local communities. They bring together, under one roof, the expertise of firearm evidence examiners, intelligence analysts, and investigators to rapidly collect, analyze, and share information about guns used in violent crimes. This is the second CGIC now running in the state of Ohio and one of more than 60 operated by ATF nationwide.
“Across the country, Crime Gun Intelligence Centers — like the one announced today in Columbus — have proven to be uniquely effective tools for solving violent crimes, bringing repeat shooters to justice, and reducing the rate of gun violence,” said Deputy Attorney General Lisa O. Monaco. “The intelligence they produce and the collaboration they facilitate represent the best of what federal law enforcement can achieve for public safety when we harness our resources and work hand-in-hand with our state and local law-enforcement partners. The more communities in America that have ready access to a Crime Gun Intelligence Center, the safer our nation will be.”
“As we have in so many cities and states around the country, ATF has partnered with state and local leaders to use crime gun intelligence to help catch the most violent offenders,” said ATF Director Steven Dettelbach. “We are thrilled with the progress that has been made in Ohio and look forward to a long and successful partnership fighting violent crime.”
The centerpiece of ATF-led CGICs are eTrace and the National Integrated Ballistic Information Network (NIBIN). NIBIN is ATF’s network of millions of ballistic images captured from crime scenes across the nation. NIBIN plays a crucial investigative role in solving shootings. When a shooting takes place, ATF’s NIBIN technology evaluates whether the shell casings recovered from that shooting matches with the shell casings expelled at another shooting that took place at another time and place. eTrace is ATF’s crime gun tracing program. When law enforcement recovers a firearm associated with a criminal investigation, they submit that firearm’s information to ATF to trace it back to the first retail sale. At their core, CGICs develop actionable intelligence leads through the use of NIBIN and eTrace. As a result, multiple shootings can be tied together, whether they happened in the same neighborhood or hundreds of miles apart, and shooters can be identified more quickly.
“The new Central Ohio Crime Gun Intelligence Center represents the next generation in intelligence-based policing, and it is unlike anything that has ever been done in Central Ohio before,” said Ohio Governor Mark DeWine. “The teams taking part in this large-scale and long-term collaboration are sharing everything from intelligence and investigative leads to technology and manpower so that they can zero in on the people who are shooting and killing others without remorse. Gun violence is about to become much, much harder to get away with in Central Ohio.”
Housed within the Ohio Department of Public Safety, the Central Ohio CGIC is operated in partnership between ATF, the Columbus Division of Police, Ohio State Highway Patrol, Ohio Narcotics Intelligence Center, and Ohio Attorney General's Bureau of Criminal Investigation.
The Central Ohio CGIC began operations in July and is available to assist law enforcement agencies throughout the region free of charge. Since its initial launch, teams have connected multiple shootings that occurred in Columbus this summer to other crimes committed several years ago, including crimes that took place in other parts of the state.
“The Crime Gun Intelligence Center is precisely what we need to further empower our officers to capture and prosecute those responsible for perpetrating gun violence in our communities,” said Mayor Andrew J. Ginther of the City of Columbus. “This is about tapping into the power of collaboration to strengthen accountability and secure justice – using our combined resources to connect the guns being used to kill, maim, and commit crimes with the individuals who wield or peddle them in the first place.”
“Concentrated, collaborative efforts like this CGIC can have a real impact on reducing the level of violence in our cities,” said U.S. Attorney Kenneth L. Parker for the Southern District of Ohio. “Federal firearms laws can be punished by up to 10 years in prison. We will not hesitate to use those laws when appropriate to hold accountable those who use firearms to commit acts of violence in our communities.”
Additional agencies that will support the Central Ohio CGIC include the Franklin County Sheriff’s Office, Franklin County Prosecutor’s Office, and U.S. Attorney’s Office for the Southern District of Ohio.
ATF continues to work with their state, local, and Tribal law enforcement partners around the country to open more Crime Gun Intelligence Centers.