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US-Justizministerium schließt eine Vereinbarung mit den Gerichten des Bundesstaats Oklahoma zur Beilegung der Untersuchung nach Titel VI (Title VI) abRead the Press Release
Anmerkung: Diese Pressemitteilung wurde in verschiedene Sprachen übersetzt. Übersetzungen finden Sie unten.
Das US-Justizministerium kündigte heute eine Absichtserklärung (Memorandum of Understanding, MOU) zusammen mit dem Verwaltungsamt der Gerichte (Administrative Office of the Courts, AOC) am Obersten Gerichtshof von Oklahoma an, um eine Untersuchung möglicher Bürgerrechtsverletzungen zu beenden und den Zugang zu den Gerichten des Staates Oklahoma für Menschen mit begrenzten Englischkenntnissen (Limited English Proficiency, LEP) zu verbessern.
Dem Ministerium wurde eine Beschwerde übermittelt, in der behauptet wird, dass das Bezirksgericht (District Court) des Landkreises (County) Mayes es versäumt hat, einer Person mit LEP in einem Familiengerichtsprozess sinnvollen Rechtsschutz zu gewähren. Das Justizministerium leitete eine Untersuchung gemäß Titel VI des Bürgerrechtsgesetzes von 1964 (Title VI of the Civil Rights Act of 1964) ein, der die Diskriminierung auf Grundlage von Ethnie, Hautfarbe und nationaler Herkunft durch Empfänger von Bundesfinanzhilfen verbietet. Das Justizministerium stellte schließlich die Titel-VI-Untersuchung als Reaktion auf die positiven Schritte des AOC ein, allen Personen mit LEP, die die Dienstleistungen des Gerichts in Anspruch nehmen, sinnvollen Rechtsschutz zu ermöglichen. Neben anderen Maßnahmen stellte das AOC der in der Beschwerde genannten Person mit LEP kostenlos einen Dolmetscher zur Verfügung, stellte einen Koordinator für den sprachbezogenen Zugang ein und schlug einen Rechtsakt vor, der auf bundesstaatlicher Ebene umgesetzt wurde. Dieses Gesetz beseitigt die Gebühren für Dolmetscher, die Parteien mit LEP in Rechnung gestellt werden. Außerdem wurdeein landesweiter Fonds zur Unterstützung von Dolmetsch- und Übersetzungsdiensten bei Gericht eingerichtet.
„Menschen sollten nicht für ihre begrenzten Englischkenntnisse bestraft werden und sollten keine Schwierigkeiten haben, die Sprachassistenzdienste zu erhalten, die sie benötigen, um fair an Gerichtsverfahren und -vorgängen teilzunehmen“, erklärte die stellvertretende Generalstaatsanwältin Kristen Clarke von der Abteilung für Bürgerrechte (Civil Rights Division) des US-Justizministeriums. „Diese Vereinbarung ist ein Modell dafür, wie der Zugang zu den Gerichten für alle Menschen unabhängig von ihren Englischkenntnissen gewährleistet werden
kann. Sie beschreibt die Maßnahmen, die erforderlich sind, um die Hindernisse für Gerichtsnutzer mit begrenzten Englischkenntnissen in Oklahoma zu beseitigen.“„Mit dem neuen Gesetz und dem MOU hat Oklahoma sein Engagement für einen besseren Zugang zur Justiz in unserem Bundesstaat unter Beweis gestellt“, erklärte der US-Staatsanwalt für den nördlichen Bezirk von Oklahoma (Northern District of Oklahoma), Clinton J. Johnson. „Wir sind entschlossen, mit unseren Gerichten auf bundesstaatlicher Ebene zusammenzuarbeiten, um die Einhaltung des Titels VI und der damit verbundenen Bürgerrechtsgesetze sicherzustellen.“
Im Rahmen des MOU wird das AOC in allen Zivil-und Strafverfahren und im Gerichtsbetrieb Sprachassistenzdienste in Wort und Schrift für Personen LEP kostenlos anbieten, einen landesweiten Plan für den Zugang zu Sprachen entwickeln und Übersetzungen wichtiger Dokumente hinzufügen. Das AOC wird außerdem sein Aktenverwaltungssystem verbessern, um den Sprachbedarf besser verfolgen zu können, ein Beschwerdeverfahren für den Zugang in sprachlicher Hinsicht entwickeln, einen Aushang mit übersetzten Dolmetscherdiensten für die Gerichtsgebäude erstellen und bereitstellen sowie eine Videoanleitung für Gerichtsdiener erstellen und herausgeben.
Dieser Sachverhalt wurde gemeinsam von Staatsanwälten der Abteilung für Bürgerrechte und der US-Staatsanwaltschaft für den nördlichen Bezirk von Oklahoma bearbeitet. Weitere Informationen über die Abteilung für Bürgerrechte finden Sie auf der Website der Abteilung unter www.justice.gov/crt. Informationen über begrenzte Englischkenntnisse und Titel VI finden Sie unter www.lep.gov. Angehörige der Öffentlichkeit können mögliche Bürgerrechtsverletzungen unter www.civilrights.justice.gov/report/ oder bei der US-Staatsanwaltschaft für den nördlichen Bezirk von Oklahoma unter www.justice.gov/usaondok/contact-us melden.
Tadano Group to Pay $40 Million to Settle Clean Air Act Violations After Selling Noncompliant Diesel EnginesRead the Press Release
The Justice Department today announced that Japan-based Tadano Ltd. and its subsidiaries – collectively known as the Tadano Group – will pay a $40 million civil penalty to resolve allegations that it violated Title II of the Clean Air Act (CAA). The Justice Department worked with the Environmental Protection Agency (EPA) to broker the settlement, which resolves allegations in a complaint filed with the settlement that Tadano Group imported and sold heavy, nonroad cranes with diesel engines not certified to applicable CAA emission standards, and that Tadano Group violated related CAA and regulatory requirements.
As part of the proposed consent decree, Tadano Group will also contribute $3.2 million towards a project to mitigate harm caused by excess nitrogen oxide (NOx) and particulate matter (PM) emissions from its noncompliant crane engines. The project will retire a 1975 tugboat and christen a new, cleaner tugboat to service ships in the Port of Port Arthur, Texas. The old tugboat has outdated diesel engines while the new tugboat will have up-to-date, Tier 4 engines, preventing the release of an estimated 2,075 tons of NOx emissions and more than 22 tons of PM emissions over 20 years. The Port of Port Arthur is near low-income communities with environmental justice concerns and near the Tadano America Corp. facility in Houston.
“Tadano Group imported and sold giant cranes with engines that didn’t carry valid EPA certificates of conformity, flouting federal law that protects the public from harmful emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement holds Tadano accountable for its violations and requires completion of a project that will improve the quality of life for those living in the Port Arthur, Texas, area.”
“Diesel exhaust is one of the dirtiest forms of pollution,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “Exposure to diesel exhaust is linked to serious health conditions, including asthma and respiratory illness, and those health risks are increased by engines that fail to meet emission standards. This settlement should send a clear message that EPA will continue to vigorously enforce against companies that sell illegal diesel engines, including nonroad engines.”
The complaint against Tadano Group alleges that between 2011 and 2017, it sold nonroad cranes with at least 269 diesel engines that violated the CAA because the engines were not covered by current EPA-issued certificates of conformity nor did the engines qualify for a limited exemption under EPA’s Transition Program for Equipment Manufacturers. The Tadano Group also did not comply with CAA reporting, bonding and fuel inlet labelling requirements. The Tadano Group includes Germany-based Tadano Faun GmbH, Tennessee-based Tadano Mantis Corp. and Texas-based Tadano America Corp.
The Environment and Natural Resources Division’s Environmental Enforcement Section filed the complaint and lodged the proposed consent decree in the U.S. District Court for the Southern District of Texas. The settlement is subject to a public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.
Justice Department Secures Agreement with Georgia Tech to Resolve Immigration-Related Discrimination Claims Involving Its Recruiting PlatformRead the Press Release
The Justice Department secured a settlement agreement today with Georgia Institute of Technology (Georgia Tech), a public, non-profit university within the University System of Georgia.
The settlement resolves the department’s determination that Georgia Tech violated the Immigration and Nationality Act (INA) by operating a job recruiting platform on which third-party employers paid to post advertisements linked to its career fairs that unlawfully excluded certain non-U.S. citizens and limited recruitment opportunities for certain non-U.S. citizen students based on their citizenship status.
“Our nation’s higher education institutions must ensure that their job recruiting platforms don’t promote, facilitate or enable unlawful citizenship discrimination,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will vigorously enforce the Immigration and Nationality Act’s nondiscrimination mandate to ensure that college students are treated fairly and have an equal opportunity to compete for internships and jobs.”
The department’s investigation began after a student at Georgia Tech, who was a lawful permanent resident, filed a discrimination complaint with the Civil Rights Division. The student alleged that a bank advertised a U.S. citizen-only internship on Georgia Tech’s career services website. Upon investigating the student’s complaint, the department uncovered additional unlawful discriminatory advertisements on Georgia Tech’s job recruiting platform that discouraged or restricted certain non-U.S. citizen students from applying. The department’s investigation also revealed that Georgia Tech routinely permitted employers to block non-U.S. citizen students from applying to such jobs through its platform.
Under the settlement agreement, Georgia Tech will pay a civil penalty of $500,000 to the United States, change its recruiting practices and revise its policies to promote compliance with the INA. In addition, for three years, Georgia Tech must ensure that certain career services personnel in its undergraduate and graduate programs are trained on the INA’s anti-discrimination provision.
Over the last 14 months, the department has secured over $1.6 million in total civil penalties from 30 employers who used Georgia Tech’s recruiting platform to post job advertisements that unlawfully excluded certain non-U.S. citizen students who stand on equal footing with U.S. citizens in their ability to work, such as lawful permanent residents, refugees and those granted asylum by the federal government.
On June 16, 2022, the department settled with 16 employers; on Sept. 21, 2022, the department settled with four employers; and on May 23, 2023, the department settled with another 10 employers.
This agreement is another example of the Civil Rights Division’s efforts to address the impact that automated platforms, specifically ones that provide users with tools and filters that enable unlawful restrictions, have on civil rights. On April 25, 2023, the Civil Rights Division released a joint statement with other federal agencies highlighting their commitment to protect individuals with respect to artificial intelligence and automated systems (AI) that can impact individuals’ civil rights and equal opportunity.
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 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.
Georgia Tech Settlement AgreementJustice Department Proposes New Regulation to Update Definition of “Engaged in the Business” as a Firearms DealerRead the Press Release
The Justice Department today announced it has submitted to the Federal Register a notice of proposed rulemaking that would clarify the circumstances in which a person is “engaged in the business” of dealing in firearms and thus required to obtain a license and run background checks. The Bipartisan Safer Communities Act (BSCA), enacted June 25, 2022, expanded the definition of engaging in the business of firearms dealing to cover all persons who devote time, attention, and labor to dealing in firearms as a regular course of trade or business to predominately earn a profit through the repetitive purchase and sale of firearms. On March 14, President Biden issued Executive Order 14092, which, among other things, directs the Attorney General to develop and implement a plan to clarify the definition of who is engaged in the business of dealing in firearms and thus required to obtain a federal firearms license. Today’s proposed rule would amend the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations by, among other things, conforming ATF’s regulations to the new BSCA definition and further clarifying the conduct that presumptively requires a license under that revised definition.
“The Bipartisan Safer Communities Act was passed by Congress to reduce gun violence, including by expanding the background checks that keep guns out of the hands of criminals,” said Attorney General Merrick B. Garland. “This proposed rule implements Congress’s mandate to expand the definition of who must obtain a license and conduct a background check before selling firearms.”
“An increasing number of individuals engaged in the business of selling firearms for profit have chosen not to register as federal firearms licensees, as required by law,” said ATF Director Steven Dettelbach. “Instead, they have sought to make money through the off-book, illicit sale of firearms. These activities undermine the law, endanger public safety, create significant burdens on law enforcement, and are unfair to the many licensed dealers who make considerable efforts to follow the law. The Gun Control Act’s exceptions to the license requirement exist to allow all law-abiding Americans to exercise their Second Amendment rights – not to facilitate the intentional evasion of the background-check system. This new proposed rule would clarify the circumstances in which a person is ‘engaged in the business’ of dealing in firearms, and thus required to obtain a license and follow the laws Congress has established for firearms dealers.”
Federally licensed firearms dealers are critical partners to federal, state, local, Tribal, and territorial law enforcement in our shared goal of promoting public safety. They help keep firearms out of the hands of prohibited persons by running background checks on potential purchasers; ensure that crime guns can be traced back to their first retail purchaser by keeping records of transactions; and facilitate safe storage of firearms by providing child-safety locks with every transferred handgun and offering customers other secure gun storage options. Unlicensed dealing, however, undermines these public-safety features – which is why Congress has long prohibited engaging in the business of dealing in firearms without the required license.
To increase compliance with the statutes Congress has enacted, the proposed rule identifies examples of conduct that would, in certain circumstances, be presumed to qualify as engaging in the business of dealing in firearms and thus to require a federal firearms license. And, in addition to implementing the revised statutory definition discussed above, the proposed rule would help to clarify the circumstances in which a license is (or is not) required by, among other things, adding a definition of “personal firearms collection” to ensure that genuine hobbyists and collectors may enhance and liquidate their collections without fear of violating the law. The proposed rule would also provide valuable guidance to the community of federal firearms licensees by addressing the lawful ways in which former licensees may liquidate business inventory upon termination of their license and clarifying how a licensee can lawfully transfer a firearm to another licensee.
Once the proposed rule is published in the Federal Register, the public will have 90 days to submit comments. The notice of proposed rulemaking submitted by the Department can be viewed here.
Learn more about the rulemaking process here.
Justice Department Enters into a Memorandum of Understanding with the Oklahoma Courts to Resolve Title VI InvestigationRead the Press Release
The Justice Department announced today a Memorandum of Understanding (MOU) with the Oklahoma Supreme Court, Administrative Office of the Courts (AOC) to resolve a civil rights investigation and improve access to Oklahoma state courts for people with limited English proficiency (LEP).
The department received a complaint alleging the Mayes County District Court failed to provide meaningful access for a person with LEP in a family court case. The Justice Department initiated an investigation under Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color and national origin by recipients of federal financial assistance. The Justice Department subsequently paused the Title VI investigation in response to the AOC’s affirmative steps to provide meaningful access for all court users with LEP. Among other actions, the AOC provided interpreter services at no cost to the person with LEP identified in the complaint, hired a language access coordinator, and proposed legislation, which became state law. That law eliminates interpreter fees charged to LEP parties. It also authorized a statewide fund to support court language interpretation and translation services.
“People should not be penalized for their limited English proficiency and should not encounter difficulty in obtaining the language assistance services they need to fairly participate in court proceedings and operations,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement stands as a model for ensuring access to the courts for all people regardless of English proficiency and outlines the actions needed to eliminate barriers for court users with limited English proficiency in Oklahoma.”
“With the new state law and the MOU, Oklahoma has demonstrated a commitment to improving access to justice in our state,” said U.S. Attorney Clinton J. Johnson for the Northern District of Oklahoma. “We are committed to working with our state courts to ensure compliance with Title VI and related civil rights laws.”
Under the MOU, the AOC will provide oral and written language assistance services in all civil and criminal proceedings and operations court operations at no cost to individuals with LEP, will develop a statewide language access plan, and will add translations of vital documents. The AOC will also improve its case management system to better track language needs, develop a language access complaint process, create and distribute a translated interpreter services notice for courthouses, and create and issue a video remote interpreter guidance for court staff.
This matter was conducted jointly by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Oklahoma. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at www.civilrights.justice.gov/report/ or with the U.S. Attorney’s Office for the Northern District of Oklahoma at www.justice.gov/usao-ndok/contact-us.
Georgia Owner of Long-Term Care Facilities Pleads Guilty to Attempting to Obstruct IRSRead the Press Release
A Georgia man pleaded guilty today to seeking to obstruct the IRS in its efforts to collect employment taxes and related penalties.
According to court documents and statements made in court, from at least 2003, Douglas K. Mittleider of Adairsville, Georgia, operated long-term care facilities throughout the United States and was responsible for paying to the IRS the federal income and Social Security and Medicare taxes withheld from employees’ wages. In June 2004, the IRS assessed against him personally the employment taxes Mittleider had not paid – also known as the Trust Fund Recovery Penalty. Beginning in at least November 2011, Mittleider took multiple steps to conceal business funds and impede the IRS’s ability to collect his outstanding tax liability. Among other things, Mittleider directed the commingling of funds among businesses he controlled and used funds for purposes other than to pay the IRS. Mittleider also caused the creation of new operating companies and bank accounts to make it more difficult for the IRS to locate assets and levy accounts. In total, Mittleider’s conduct caused a tax loss to the IRS of more than $9.5 million.
Mittleider is scheduled to be sentenced on Dec. 4. He faces a maximum penalty of three years in prison, a term of supervised release, monetary penalties, and restitution. 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 Sean Beaty and Trial Attorneys Ashley Stein and Andres Chinchilla of the Tax Division are prosecuting the case.
Former Memphis, Tennessee, Police Officer Sentenced for Civil Rights Violation for Assaulting a Man in his CustodyRead the Press Release
A former Memphis Police Department (MPD) officer was sentenced today to 18 months in prison and one year of supervised release for violating an arrestee’s civil rights by using excessive force against him.
According to court documents, Armando Bustamante admitted that, in January 2021, while he was on duty as an MPD officer, he used his service weapon and hands to strike an arrestee in the head without legal justification. The assault caused bodily injury to the man.
“This former Memphis police officer is being held accountable for violently assaulting a man in his custody without any justification,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will aggressively prosecute those law enforcement officers who abuse their authority and violate federal civil rights laws.”
“Public trust in law enforcement is essential to public safety,” said U.S. Attorney Kevin Ritz for the Western District of Tennessee. “When an officer violates that trust, it makes policing less effective and far more dangerous for both officers and average citizens. We will continue to work with our partners in local and state law enforcement to root out those who violate public trust and endanger those they’ve sworn to protect.”
“Today’s sentencing highlights that law enforcement officers who abuse their authority and deny an individual their civil rights will be held accountable,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our partners will continue working together to uncover any violation of civil rights and pursue justice for victims in these cases.”
The FBI Memphis Field Office investigated the case.
Assistant U.S. Attorney David Pritchard for the Western District of Tennessee and former Trial Attorney Nikhil Ramnaney of the Civil Rights Division’s Criminal Section prosecuted the case.
El Departamento de Justicia llega a un acuerdo con Georgia Tech para resolver acusaciones de discriminación relacionada con la inmigración en conexión con su plataforma de reclutamientoRead the Press Release
El Departamento de Justicia ha llegado a un acuerdo hoy con Georgia Institute of Technology (Georgia Tech), una universidad pública sin ánimo de lucro que forma parte del sistema universitario de Georgia.
El acuerdo resuelve la determinación del Departamento que Georgia Tech vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al operar una plataforma de reclutamiento de empleo donde empleadores de terceras partes pagaron por publicar anuncios asociados con sus ferias de carreras que excluyeron, de manera ilícita, a ciertos no ciudadanos de los EE. UU. y limitó las oportunidades de reclutamiento para ciertos estudiantes no ciudadanos de los EE. UU. con base en su estatus de ciudadanía.
«Las instituciones de educación superior de nuestra nación deben garantizar que sus plataformas de reclutamiento no promuevan, faciliten o permiten la discriminación ilícita por motivos de ciudadanía», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia hará cumplir con firmeza el mandato no discriminatorio de la ley de Inmigración y Nacionalidad con el fin de garantizar que se trate de manera justa a los estudiantes universitarios y que tengan la igualdad de oportunidades para competer para prácticas y trabajos».
La investigación del Departamento comenzó después de que un estudiante en Georgia Tech, que era residente permanente legal, presentó una queja de discriminación ante la División de Derechos Civiles. El estudiante alegó que un banco anunció unas prácticas solamente para ciudadanos de los EE. UU. en el sitio web de los servicios de carreras profesionales de Georgia Tech. Tras investigar la queja del estudiante, el Departamento encontró anuncios discriminatorios ilegales adicionales en la plataforma de reclutamiento de empleo que desalentaron a ciertos no ciudadanos de los EE. UU. de solicitar un puesto o restringieron su acceso por completo. La investigación del Departamento también reveló que Georgia Tech, de forma rutinaria, permitió a los empleadores prevenir que no ciudadanos de los EE. UU. solicitaran tales puestos mediante su plataforma.
Conforme el acuerdo conciliatorio, Georgia Tech pagará una sanción civil de $500,000 a los Estados Unidos, cambiará sus prácticas de reclutamiento y revisará sus políticas con el fin de promover el cumplimiento con la INA. Por otra parte, Georgia Tech deberá asegurar que cierto personal de servicios de carreras profesionales en sus programas de grado y posgrado sea capacitado en cuanto a la disposición antidiscriminatoria de la INA.
A lo largo de los últimos 14 meses, el Departamento ha logrado obtener más de $1.6 millones en total por concepto de sanciones civiles de 30 empleadores que usaron la plataforma de reclutamiento de Georgia Tech para publicar anuncios de trabajo que, de manera ilícita, excluyeron a ciertos no ciudadanos de los EE. UU. que se encuentran en condiciones de igualdad con ciudadanos estadounidenses en lo que se refiere a su permiso para trabajar, tales como residentes permanentes legales, refugiados y aquellos a los que el gobierno federal ha concedido el asilo.
El 16 de junio del 2022, el Departamento llegó a un acuerdo con 16 empleadores; el 21 de septiembre del 2022, el Departamento llegó a un acuerdo con cuatro empleadores; y el 23 de mayo del 2023, el Departamento llegó a un acuerdo con otros diez empleadores adicionales.
Este acuerdo es otro ejemplo de los esfuerzos de la División de Derechos Civiles por abordar el impacto en los derechos civiles que tienen las plataformas automatizadas, en concreto aquellas que proveen a los usuarios con herramientas y filtros que permiten restricciones ilegales. El 25 de abril del 2023, la División de Derechos Civiles publicó una declaración conjunta con otras agencias federales que resaltó su compromiso de proteger a los individuos en lo que se refiere a la inteligencia artificial y sistemas automatizados (AI) que pueden afectar los derechos civiles de las personas, así como la igualdad de oportunidades.
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.
El Departamento de Justicia firma un Memorando de Entendimiento con los tribunales de Oklahoma para resolver una investigación en virtud del Título VIRead the Press Release
Nota: Este comunicado de prensa ha sido traducido a varios idiomas. Vea las traducciones a continuación.
El Departamento de Justicia anunció hoy un Memorando de Entendimiento (MOU, por sus siglas en inglés) con la Oficina Administrativa de los Tribunales (AOC, por sus siglas en inglés) del Tribunal Supremo de Oklahoma para resolver una investigación de derechos civiles y mejorar el acceso a los tribunales estatales de Oklahoma para las personas con dominio limitado del inglés (LEP, por sus siglas en inglés).
El departamento recibió una queja alegando que el Tribunal de Distrito del Condado de Mayes no le proporcionó un acceso significativo a una persona con LEP en un caso de tribunal de familia. El Departamento de Justicia emprendió una investigación en virtud del Título VI de la Ley de Derechos Civiles de 1964 (Título VI), que prohíbe la discriminación por motivos de raza, color de piel y nacionalidad de origen por parte de los beneficiarios de asistencia financiera federal. Posteriormente, el Departamento de Justicia puso en pausa la investigación en virtud del Título VI en respuesta a las medidas positivas adoptadas por la AOC para proporcionar un acceso significativo a todos los usuarios de los tribunales con LEP. Entre otras medidas, la AOC proporcionó servicios de interpretación gratuitos a la persona con LEP identificada en la queja, contrató a un coordinador de acceso lingüístico y propuso legislación, que se convirtió en ley estatal. Dicha ley elimina los honorarios de intérprete cobrados a las partes con LEP. También autorizó la creación de un fondo estatal para financiar los servicios de traducción e interpretación de los tribunales.
«Las personas no deben ser penalizadas por su limitado dominio del inglés y no deben encontrar dificultades para obtener los servicios de asistencia lingüística que necesitan para participar equitativamente en los procedimientos y operaciones judiciales», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Este acuerdo se erige como un modelo para garantizarles acceso a los tribunales a todas las personas, independientemente de su dominio del inglés, y esboza las acciones necesarias para eliminar las barreras para los usuarios de los tribunales con un dominio limitado del inglés en Oklahoma».
«Con la nueva ley estatal y el Memorando de Entendimiento, Oklahoma ha demostrado su compromiso con mejorar el acceso a la justicia en nuestro estado», afirmó Clinton J. Johnson, el Fiscal Federal del Distrito Norte de Oklahoma. «Estamos comprometidos a trabajar con nuestros tribunales estatales para garantizar el cumplimiento del Título VI y las leyes de derechos civiles afines».
En virtud del Memorando de Entendimiento, la AOC prestará servicios de asistencia lingüística oral y escrita en todos los procedimientos civiles y penales, y en las operaciones de los tribunales sin costo alguno para las personas con LEP, elaborará un plan de acceso lingüístico a escala estatal y añadirá traducciones de documentos vitales. La AOC también mejorará su sistema de gestión de casos para hacer un mejor seguimiento de las necesidades lingüísticas, desarrollará un proceso de quejas sobre acceso lingüístico, creará y distribuirá un aviso de servicios de interpretación traducido para los juzgados, y creará y publicará un vídeo de orientación sobre interpretación a distancia para el personal de los tribunales.
Este asunto fue llevado a cabo conjuntamente por abogados de la División de Derechos Civiles y de la Oficina de la Fiscalía del Distrito Norte de Oklahoma. Hay información adicional disponible sobre la División de Derechos Civiles en su sitio web en www.justice.gov/crt, y hay información disponible sobre el dominio limitado del inglés y el Título VI en www.lep.gov. El público en general puede denunciar posibles violaciones de los derechos civiles en www.civilrights.justice.gov/report/ o ante la Oficina de la Fiscalía del Distrito Norte de Oklahoma en www.justice.gov/usao-ndok/contact-us.
Bộ Tư Pháp Ký Kết Biên Bản Ghi Nhớ Với Tòa Án Oklahoma Để Giải Quyết Cuộc Điều Tra Tiêu Đề VI (Title VI)Read the Press Release
Hôm nay, Bộ Tư Pháp đã công bố Biên Bản Ghi Nhớ (Memorandum of Understanding, MOU) với Tòa Án Tối Cao Oklahoma, Văn Phòng Quản Lý Hành Chính Phụ Trách Các Tòa Án (Administrative Office of the Courts, AOC) để giải quyết một cuộc điều tra về quyền dân sự và cải thiện khả năng tiếp cận các Tòa án Tiểu bang Oklahoma dành cho những người có trình độ tiếng Anh hạn chế (Limited English Proficiency, LEP).
Bộ đã nhận được đơn khiếu nại cáo buộc Tòa án Quận Mayes đã không cung cấp quyền tiếp cận có giá trị dành cho cá nhân LEP trong một vụ kiện tại tòa án gia đình. Bộ Tư pháp đã khởi xướng một cuộc điều tra theo Tiêu đề VI của Đạo luật Dân quyền năm 1964 (Civil Rights Act of 1964) sau đây gọi tắt là “Tiêu đề VI”, cấm phân biệt đối xử dựa trên chủng tộc, màu da và nguồn gốc quốc gia bởi những người nhận hỗ trợ tài chính liên bang. Bộ Tư pháp sau đó đã tạm dừng cuộc điều tra Tiêu đề VI để đáp lại các bước khẳng định của AOC nhằm cung cấp quyền truy cập có ý nghĩa cho tất cả những cá nhân tham gia tòa án có LEP. Trong số các hành động khác, AOC đã cung cấp dịch vụ thông dịch miễn phí cho người có LEP được xác định trong đơn khiếu nại, sử dụng một điều phối viên tiếp cận ngôn ngữ và luật đề xuất, sau đó đã trở thành luật của tiểu bang. Luật này loại bỏ chi phí thông dịch viên được tính cho các bên LEP. Luật này cũng ủy quyền cho một quỹ toàn tiểu bang hỗ trợ các dịch vụ phiên dịch và dịch thuật ngôn ngữ của tòa án.
Trợ lý Bộ trưởng Tư pháp Kristen Clarke thuộc Phòng Dân quyền của Bộ Tư pháp cho biết: “Mọi người không nên bị phạt vì trình độ tiếng Anh hạn chế và không nên gặp khó khăn trong việc nhận được các dịch vụ hỗ trợ ngôn ngữ mà họ cần để tham gia một cách công bằng vào các thủ tục tố tụng và hoạt động của tòa án. Thỏa thuận này là một mô hình đảm bảo khả năng tiếp cận tòa án cho tất cả mọi người bất kể trình độ tiếng Anh như thế nào và vạch ra các hành động cần thiết để loại bỏ rào cản đối với những người tham gia tố tụng có trình độ tiếng Anh hạn chế ở bang Oklahoma.”
Luật sư Hoa Kỳ Clinton J. Johnson của Quận Bắc Oklahoma (Northern District of Oklahoma) cho biết: “Với luật mới của tiểu bang và MOU này, Oklahoma đã thể hiện cam kết cải thiện khả năng tiếp cận công lý ở tiểu bang của chúng ta. Chúng tôi cam kết làm việc với các tòa án tiểu bang của mình để đảm bảo tuân thủ Tiêu đề VI và các luật dân quyền liên quan.”
Theo MOU, AOC sẽ cung cấp miễn phí các dịch vụ hỗ trợ ngôn ngữ bằng lời nói cũng như bằng văn bản trong tất cả các thủ tục tố tụng dân sự và hình sự cũng như hoạt động của tòa án cho những cá nhân có LEP, sẽ xây dựng kế hoạch tiếp cận ngôn ngữ trên toàn tiểu bang và sẽ bổ sung bản dịch các tài liệu quan trọng. AOC cũng sẽ cải thiện hệ thống quản lý hồ sơ của mình để theo dõi nhu cầu ngôn ngữ tốt hơn, phát triển quy trình khiếu nại tiếp cận ngôn ngữ, tạo và phân phối thông báo dịch vụ thông dịch viên đã được dịch cho các tòa án, đồng thời tạo và phát hành video hướng dẫn thông dịch viên từ xa cho nhân viên tòa án.
Vấn đề này được các luật sư của Phòng Dân quyền và Văn phòng Luật sư Hoa Kỳ tại Quận Bắc Oklahoma cùng tiến hành. Thông tin bổ sung về Phòng Dân Quyền có sẵn trên trang web của họ tại www.justice.gov/crt, và thông tin về trình độ tiếng Anh hạn chế và Tiêu đề VI có tại www.lep.gov. Các thành viên công chúng có thể báo cáo những vi phạm quyền công dân có thể xảy ra tại trang mạng www.civilrights.justice.gov/report/ hoặc với Văn phòng Luật sư Hoa Kỳ tại Quận Bắc Oklahoma tại trang mạng www.justice.gov/usao-ndok/contact-us.Beehaz’áanii Bee Nahwiidiit’aají éí Halgai Hahozojí Aadahwiinít’ı̨́ bił haz’ą́ ą́ dóó Naaltsoos Bee Ahidiníłnáo Ak’i’diit’įį niiltsoozígíí éí Beehaz’áánii Hast’ą́ ą́ Na’alkaagi Bee K’ééhodoodǫǫłgi choodoo’įįłRead the Press Release
Jíídą́ą́ Beehaz’áanii Bee Nahwiidiit’aají bits’ą́ą́dóó ha’oozíí’Naaltsoos Bee Ahidiníłnáo Ak’i’diit’įįhígíí (Memorandum of Understanding, MOU) éí Halgai Hahozojí Aadahwiinít’ı̨́, Aadahwiinít’ı̨́įgi Naanish Bik’ił Adéestįį’jí (Administrative Office of the Courts, AOC) bit’a’gi niiltsooz éí beego Dine’ Bilagáana bizaad t’áá bánantł’ahgo (Limited English Proficiency, LEP) dóó t’áábí bibeehaz’áanii bąąh siláhígíí hazhó’ó nidoolkah dóó Halgai Hahozojí aadahwiinít’ı̨́ bee bá’ahóót’i’ dooleeł.
Áánahwiit’aahjí da’íínísh éí bee niiltsooz díí Mayes Ałtsíísígo Hahoozo Aadahwinít’ı̨́ doo hééshı̨́ı̨́ Bilagáana bizaad t’áá bánintł’ahígíí doo t’áá’áníít’éejį bił na’azhnish da. Beehaz’áanii Bee Nahwiidiit’aajį’ hayiłwod Beehaz’áanii Hastąąh góne’ Beehaz’áanii T’ááhó Hąąh Siláhígíí 1964 (Civil Rights of 1964) (Title VI) éí ání doo éí beehaz’áada diné yits’ą́ą́dóó yigháłígíí, bikági ánoolin, dóó aláago áká’aná’awo’ choyoł’ı̨́įgo doo bik’ijį’ ni’t’oonish da. Áánahwiit’aahjí da’íínísh dę́ę́’ átsé díí Beehaz’áanii Hastąąh góne’ (Title VI) na’alkaah ne’ kóyiilaah AOC éiyá hayitáo lá bohónéezą́ogo Diné Bilagáana bizaad t’áá bánanitł’ahiígíí (LEP) adahwiinít’ı̨́ı̨́ góne’ bił na’anish dooleełgi yik’eh áyiilaahjį’. AOC hast’eyiilaaígíí éí at’a’halne’é Diné Bilagáana bizaad t’áá bánanitł’ah (LEP) bá hólǫ́ǫgo áyiilaah, saad bee yá’át’i’gi yik’idées’ı̨́ı̨́’ígíí ła’ naanish baadeet’ą́, dóó beehaz’áanii ályaah. Díí beehaz’áanii éí at’a’halne’é bich’į siláhígíí éí Diné Bilagáana bizaad t’áá bánanitł’aaígíí éí doo yik’éh needoolééłgóó áyiilaah. Áádóó ałdó’ nitsaahohozojí béeso ła’ básinilgo at’a’halne’é dóó saad neezo dooígíí bich’į silá biniyé.
“Diné t’áá Bilagáana bizaad binanitł’ahgo doo éí haiyit’áo doo bik’ijį’ doozo da dóó bá at’a’halne’dooígíí t’áádoo bantł’aaí adazosiní áko aadahwinít’ı̨́ góne’ at’ah binaanish íidooliił” ní Agha’diit’aahii At’isgo Dasidáhígíí bikéédóó danánásdáhígíí General Kristen Clarke díí Aadahwiinit’ı̨́ Da’íníísh T’ááho Beehaz’áanii Hąąh Siláhígíí Bee Há’ahóót’i’gi Bik’i’adéest’ı̨́ı̨́jí. “Díí bee ałha’deet’ánígíí éí binajį’ t’áá ałtsoh bila’ashdla’ii adahwinít’ı̨́ góne’ bá adahast’i’ dooleeł azhą́ Bilagáana bizaad bił nanitł’ah ndi dóó Halgai Hahozojí adahwiinít’ı̨́ choyooł’ı̨́įdoo.”
“Díí Nitsaahahozojí beehaz’áanii ályaaígíí dóó Naaltsoos Bee Ahidiníłnáo Ak’idiit’įįhígíí, Halgai Hahozojí éí aadahwiinít’ı̨́ t’áá’ałtsoh bá’ahót’i’go yideeshnish,” ní U.S. ji’ Agha’diit’aahii
Tsoh Clinton J. Johnson kojí bá Halgai Hahozo Náhokosjí bił Hahozo Da'ínííshjí (Northern District of Oklahoma). “Nihí éí nitsaago hahozojí bił nideelnishgo t’áá’ałtsoh bee Haz’áanii Hastą́ą́ dóó bíla’ashdła’ii ’óhóólnííh bąąh siláhígíí adahwiinít’ı̨́ yik’ehósin dooleeł biniyé.”
Naaltsoos Bee Ahidiníłnáo Ak’idiit’įįhígíí biyaadóó, AOC éí ha’oozíí’ dóó bee ak’e’ashchı̨́įgo áyiilaago saad bee háká at’oowoł díí adadahozistą́ǫ hahwiinít’ǫ́o dóó aadahwiint’ı̨́ góne’ báá’ílínígíí doo Diné Bilagáana bizaad bił nanitł’ahígíí doo yik’é ni t’oolééł da, nitsaahgo hahozojí saad bee háká at’oowołígíí bik’eh áhoolyaah, dóó naaltsoos bee ’éédahóziníí saad bik’it’iitįįhgo ádoolnííł. AOC éí bahwiinít’ínígíí binaaltsoos nidandeehígíí hazhó’ó bikéé’ adéest’ı̨́ı̨́go bá at’a’hane’ hólǫ́ǫgo íidoolííł, at’a’hane’ wókaad biniyé naaltsoos nehe’nííłígíí, adahwiinít’ı̨́įgi at’a’hane’ holǫ́ níigo hane’ íł’ı̨́į dooleeł, dóó naalkidí biyi’jı̨́’ adahwiinít’ı̨́įgi nidaalnishígíí hayit’áo ách’iił’įį.
Díí bahwiinít’ínígíí éí T’ááhó Beehaz’áanii Hą́ą́h Silá bił da’ííníshjí be’agha’diit’aahii danilínígíí dóó Halgai Hahozo Náhokosjí bił Hahozo Da’ínííshjí ahił nidaashnish. Náásgóó díí hane’ biniyé T’ááhó Beehaz’áanii Hą́ą́h Silá bił da’ííníshjí béésh nitsíkees biyi’jį www.justice.gov/crt dídíí’įįł, dóó Bilagáana bizaad bee hach’į’ anáhóót’i’go dóó Beehaz’áanii Hast’ą́ą́ si’áníí éí www.lep.gov gi daaszo. T’áá hééshı̨́ı̨́ óhólnííh hąąsiláhígíí bił asziigo éí www.civilrights.justice.gov/report biyi’jį’ baahoshdoolne’ doodai’ U.S. Agha’diit’aahii Tsoh Halgai Hahozo Náhokosjí bił Hahozo Da’ínííshjí jį’ www.justice.gov/usao-ndok/contact-us.
(Title VI) إبرام وزارة العدل مذكرة تفاھم مع محاكم أوكلاھوما لتسویة أحد التحقیقات بموجب الباب السادسRead the Press Release
ھذا اﻟﺑﯾﺎن اﻟﺻﺣﻔﻲ إﻟﻰ ﻟﻐﺎت ﻣﺧﺗﻠﻔﺔ. وإﻟﯾﻛم اﻟﺗرﺟﻣﺔ ﺑﺎﻟﻠﻐﺔ اﻟﻌرﺑﯾﺔ. ﻣﻠﺣوظﺔ: ﺗُرﺟم
واﺷﻨﻄﻦ - أﻋﻠﻨﺖ وزارة اﻟﻌﺪل اﻟﯿﻮم ﻋﻦ إﺑﺮام ﻣﺬﻛﺮة ﺗﻔﺎھﻢ MOU) Understanding, of (Memorandum ﻣﻊ اﻟﻤﻜﺘﺐ اﻹداري AOC) Courts, the of Office (Administrative ﻟﻠﻤﺤﻜﻤﺔ اﻟﻌﻠﯿﺎ ﻓﻲ أوﻛﻼھﻮﻣﺎ ﻟﺘﺴﻮﯾﺔ أﺣﺪ اﻟﺘﺤﻘﯿﻘﺎت اﻟﻤﺘﻌﻠﻘﺔ
ﺑﺎﻟﺤﻘﻮق اﻟﻤﺪﻧﯿﺔ وﺗﺤﺴﯿﻦ ﺗﻮﻓﯿﺮ اﻟﺨﺪﻣﺎت اﻟﻠﻐﻮﯾﺔ ﻟﻤﺤﺪودي إﺟﺎدة اﻟﻠﻐﺔ اﻹﻧﺠﻠﯿﺰﯾﺔ
LEP) Proficiency, English (Limited ﻓﻲ ﻣﺤﺎﻛﻢ وﻻﯾﺔ أوﻛﻼھﻮﻣﺎ.
ﺗﻠﻘﺖ اﻟﻮزارة ﺷﻜﻮى ﺗﺰﻋﻢ ﻓﺸﻞ ﻣﺤﻜﻤﺔ ﻣﻘﺎطﻌﺔ ﻣﺎﯾﺰ ﻓﻲ ﺗﻮﻓﯿﺮ ﺧﺪﻣﺎت ﻟﻐﻮﯾﺔ ﻣﺠﺪﯾﺔ ﻟﺸﺨﺺ ﯾﻨﺘﻤﻲ إﻟﻰ LEP ﻓﻲ ﻗﻀﯿﺘﮫ اﻟﺨﺎﺻﺔ ﺑﻤﺤﻜﻤﺔ اﻷﺳﺮة. ﺑﺪأت وزارة اﻟﻌﺪل ﻓﻲ إﺟﺮاء ﺗﺤﻘﯿﻖ ﺑﻤﻮﺟﺐ اﻟﺒﺎب اﻟﺴﺎدس ﻣﻦ ﻗﺎﻧﻮن اﻟﺤﻘﻮق اﻟﻤﺪﻧﯿﺔ ﻟﻌﺎم 1964 1964) of Act Rights (Civil )اﻟﺒﺎب اﻟﺴﺎدس( اﻟﺬي ﯾﺤﻈﺮ اﻟﺘﻤﯿﯿﺰ ﺑﯿﻦ اﻟﻤﺴﺘﻔﯿﺪﯾﻦ ﻣﻦ اﻟﻤﺴﺎﻋﺪات اﻟﻤﺎﻟﯿﺔ اﻟﻔﯿﺪراﻟﯿﺔ ﻋﻠﻰ أﺳﺎس اﻟﻌﺮق أو اﻟﻠﻮن أو اﻷﺻﻞ اﻟﻘﻮﻣﻲ. أوﻗﻔﺖ وزارة اﻟﻌﺪل اﻟﺘﺤﻘﯿﻖ ﻣﺆﻗﺘًﺎ ﺑﻌﺪ ذﻟﻚ ﻧﺘﯿﺠﺔ ﻟﻠﺨﻄﻮات اﻹﯾﺠﺎﺑﯿﺔ اﻟﺘﻲ اﺗﺨﺬھﺎ ﻣﻜﺘﺐ AOC ﻣﻦ أﺟﻞ ﺗﻮﻓﯿﺮ ﺧﺪﻣﺎت ﻟﻐﻮﯾﺔ ﻣﺠﺪﯾﺔ ﻟﺠﻤﯿﻊ ﻋﻤﻼء اﻟﻤﺤﻜﻤﺔ ﻣﻤﻦ ﯾﻨﺘﻤﻮن إﻟﻰ .LEP اﺗﺨﺬ ﻣﻜﺘﺐ AOC إﺟﺮاءات أﺧﺮى ﻣﻦ ﺑﯿﻨﮭﺎ ﺗﻘﺪﯾﻢ ﺧﺪﻣﺎت اﻟﺘﺮﺟﻤﺔ اﻟﻔﻮرﯾﺔ ﻣﺠﺎﻧًﺎ إﻟﻰ ﺷﺨﺺ ﯾﻨﺘﻤﻲ إﻟﻰ LEP وﻣﺬﻛﻮر اﺳﻤﮫ ﻓﻲ اﻟﺸﻜﻮى، وﺗﻌﯿﯿﻦ ﻣﻨﺴﻖ ﻟﺘﻮﻓﯿﺮ اﻟﺨﺪﻣﺎت اﻟﻠﻐﻮﯾﺔ، وإﺻﺪار ﺗﺸﺮﯾﻊ أﺻﺒﺢ ﺑﻌﺪ ذﻟﻚ أﺣﺪ ﻗﻮاﻧﯿﻦ اﻟﻮﻻﯾﺔ. وﺑﻤﻮﺟﺐ ھﺬا اﻟﻘﺎﻧﻮن، ﯾُﻌﻔﻰ LEP ﻣﻦ رﺳﻮم اﻟﺘﺮﺟﻤﺔ اﻟﻔﻮرﯾﺔ. ﻛﻤﺎ أﺟﺎز اﻟﻘﺎﻧﻮن إﻧﺸﺎء ﺻﻨﺪوق ﻋﻠﻰ ﻣﺴﺘﻮى اﻟﻮﻻﯾﺔ ﻟﺪﻋﻢ ﺧﺪﻣﺎت اﻟﺘﺮﺟﻤﺔ اﻟﺘﺤﺮﯾﺮﯾﺔ واﻟﻔﻮرﯾﺔ ﻟﻠﻐﺎت
اﻟﻤﺤﻜﻤﺔ.
ﺻ ﱠﺮﺣﺖ ﻛﺮﯾﺴﺘﯿﻦ ﻛﻼرك، ﻣﺴﺎﻋﺪة اﻟﻨﺎﺋﺐ اﻟﻌﺎم ﻟﺪاﺋﺮة اﻟﺤﻘﻮق اﻟﻤﺪﻧﯿﺔ ﻓﻲ وزارة اﻟﻌﺪل ﻗﺎﺋﻠﺔً: "ﯾﻨﺒﻐﻲ ﻋﺪم ﻣﻌﺎﻗﺒﺔ اﻷﺷﺨﺎص ﻋﻠﻰ إﺟﺎدﺗﮭﻢ اﻟﻤﺤﺪودة ﻟﻠﻐﺔ اﻹﻧﺠﻠﯿﺰﯾﺔ، وﯾﺠﺐ أﻻ ﯾﻮاﺟﮭﻮا ﺻﻌﻮﺑﺔ ﻓﻲ اﻟﺤﺼﻮل ﻋﻠﻰ ﺧﺪﻣﺎت اﻟﻤﺴﺎﻋﺪة اﻟﻠﻐﻮﯾﺔ اﻟﺘﻲ ﯾﺤﺘﺎﺟﻮن
إﻟﯿﮭﺎ ﻟﻠﻤﺸﺎرﻛﺔ ﺑﺸﻜﻞ ﻋﺎدل ﻓﻲ ﺟﻠﺴﺎت اﻟﻤﺤﻜﻤﺔ وإﺟﺮاءاﺗﮭﺎ." وأﺿﺎﻓﺖ أﯾ ًﻀﺎ "ﺗﻤﺜﻞ ھﺬه اﻻﺗﻔﺎﻗﯿﺔ ﻧﻤﻮذﺟﺎ ﯾﺠﺐ اﻻﺣﺘﺬاء ﺑﮫ
ﻟﻀﻤﺎن ﺗﻮﻓﯿﺮ اﻟﻤﺤﺎﻛﻢ ﻟﻠﺨﺪﻣﺎت اﻟﻠﻐﻮﯾﺔ ﻟﺠﻤﯿﻊ اﻷﺷﺨﺎص ﺑﻐﺾ اﻟﻨﻈﺮ ﻋﻦ ﻣﺴﺘﻮى إﺟﺎدﺗﮭﻢ اﻟﻠﻐﺔ اﻹﻧﺠﻠﯿﺰﯾﺔ، ﻛﻤﺎ ﺗﺤﺪد
اﻹﺟﺮاءات اﻟﻼزﻣﺔ ﻹزاﻟﺔ اﻟﺤﻮاﺟﺰ أﻣﺎم ﻋﻤﻼء اﻟﻤﺤﺎﻛﻢ ﻣﻦ ﻣﺤﺪودي إﺟﺎدة اﻟﻠﻐﺔ اﻹﻧﺠﻠﯿﺰﯾﺔ ﻓﻲ أوﻛﻼھﻮﻣﺎ."
ﻗﺎل ﻛﻠﯿﻨﺘﻮن ﺟﯿﮫ ﺟﻮﻧﺴﻮن، اﻟﻨﺎﺋﺐ اﻟﻌﺎم ﻟﻠﻮﻻﯾﺎت اﻟﻤﺘﺤﺪة ﻟﻠﻤﻨﻄﻘﺔ اﻟﺸﻤﺎﻟﯿﺔ ﻣﻦ أوﻛﻼھﻮﻣﺎ Oklahoma) of District :(Northern "أظﮭﺮت أوﻛﻼھﻮﻣﺎ اﻟﺘﺰاﻣﮭﺎ ﺑﺘﺤﺴﯿﻦ ﺗﺤﻘﯿﻖ اﻟﻌﺪاﻟﺔ ﻓﻲ وﻻﯾﺘﻨﺎ ﻣﻦ ﺧﻼل ﺗﺸﺮﯾﻊ ﻗﺎﻧﻮن اﻟﻮﻻﯾﺔ اﻟﺠﺪﯾﺪ وإﺑﺮام ﻣﺬﻛﺮة MOU ھﺬه." وأﺿﺎف ﻗﺎﺋﻼً: "ﻧﻠﺘﺰم ﺑﺎﻟﻌﻤﻞ ﻣﻊ ﻣﺤﺎﻛﻢ وﻻﯾﺘﻨﺎ ﻟﻀﻤﺎن اﻻﻣﺘﺜﺎل ﻟﻤﺘﻄﻠﺒﺎت
اﻟﺒﺎب اﻟﺴﺎدس وﻗﻮاﻧﯿﻦ اﻟﺤﻘﻮق اﻟﻤﺪﻧﯿﺔ ذات اﻟﺼﻠﺔ."
ﺳﯿﻮﻓﺮ ﻣﻜﺘﺐ AOC، ﺑﻤﻮﺟﺐ ﻣﺬﻛﺮة MOU ھﺬه، ﺧﺪﻣﺎت اﻟﻤﺴﺎﻋﺪة اﻟﻠﻐﻮﯾﺔ اﻟﺸﻔﮭﯿﺔ واﻟﺘﺤﺮﯾﺮﯾﺔ ﻓﻲ ﺟﻤﯿﻊ ﺟﻠﺴﺎت اﻟﻤﺤﻜﻤﺔ وإﺟﺮاءاﺗﮭﺎ اﻟﻤﺪﻧﯿﺔ واﻟﺠﻨﺎﺋﯿﺔ ﻣﺠﺎﻧًﺎ ﻟـ LEP، وﺳﯿﻀﻊ ﺧﻄﺔ ﻟﺘﻮﻓﯿﺮ اﻟﺨﺪﻣﺎت اﻟﻠﻐﻮﯾﺔ ﻋﻠﻰ ﻣﺴﺘﻮى اﻟﻮﻻﯾﺔ، وﺳﯿﻀﯿﻒ ﺗﺮﺟﻤﺎت ﻟﻠﻮﺛﺎﺋﻖ ﺑﺎﻟﻐﺔ اﻷھﻤﯿﺔ. ﺳﯿﺤﺴﻦ ﻣﻜﺘﺐ AOC أﯾ ًﻀﺎ ﻧﻈﺎم إدارة اﻟﻘﻀﺎﯾﺎ اﻟﺨﺎص ﺑﮫ ﻟﺘﺘﺒﻊ اﻻﺣﺘﯿﺎﺟﺎت اﻟﻠﻐﻮﯾﺔ ﺑﺸﻜﻞ أﻓﻀﻞ، وإﻋﺪاد
إﺟﺮاءات ﺗﻘﺪﯾﻢ اﻟﺸﻜﺎوى ﺑﺸﺄن ﺗﻮﻓﯿﺮ اﻟﺨﺪﻣﺎت اﻟﻠﻐﻮﯾﺔ، وﺻﯿﺎﻏﺔ إﺷﻌﺎر ﻣﺘﺮﺟﻢ ﻟﺨﺪﻣﺎت اﻟﺘﺮﺟﻤﺔ اﻟﻔﻮرﯾﺔ ﻟﻠﻤﺤﺎﻛﻢ وﺗﻮزﯾﻌﮫ،
وإﻧﺸﺎء دﻟﯿﻞ وإﺻﺪاره ﻟﻤﻮظﻔﻲ اﻟﻤﺤﻜﻤﺔ ﯾﺨﺺ اﻟﺘﺮﺟﻤﺔ اﻟﻔﻮرﯾﺔ ﺑﺎﻟﻔﯿﺪﯾﻮ ﻋﻦ ﺑُﻌﺪ.
ﺗﻌﺎون ﻧ ﱠﻮاب ﻣﻦ داﺋﺮة اﻟﺤﻘﻮق اﻟﻤﺪﻧﯿﺔ وﻣﻜﺘﺐ اﻟﻨﺎﺋﺐ اﻟﻌﺎم ﻟﻠﻮﻻﯾﺎت اﻟﻤﺘﺤﺪة ﻟﻠﻤﻨﻄﻘﺔ اﻟﺸﻤﺎﻟﯿﺔ ﻣﻦ أوﻛﻼھﻮﻣﺎ ﻟﺒﺤﺚ ھﺬه اﻟﻤﺴﺄﻟﺔ. ﺗﺘﻮﻓﺮ ﻣﻌﻠﻮﻣﺎت إﺿﺎﻓﯿﺔ ﻋﻦ "داﺋﺮة اﻟﺤﻘﻮق اﻟﻤﺪﻧﯿﺔ" ﻋﻠﻰ ﻣﻮﻗﻌﮭﺎ اﻹﻟﻜﺘﺮوﻧﻲ ﻋﻠﻰ ھﺬا اﻟﺮاﺑﻂ www.justice.gov/crt، ﻛﻤﺎ ﺗﺘﻮﻓﺮ ﻣﻌﻠﻮﻣﺎت ﻋﻦ ﻣﺤﺪودي إﺟﺎدة اﻟﻠﻐﺔ اﻹﻧﺠﻠﯿﺰﯾﺔ واﻟﺒﺎب اﻟﺴﺎدس ﻣﻦ اﻟﻘﺎﻧﻮن ﻋﻠﻰ .www.lep.gov ﯾﻤﻜﻦ ﻟﻠﻌﺎﻣﺔ اﻹﺑﻼغ ﻋﻦ أي اﻧﺘﮭﺎﻛﺎت ﻣﺤﺘﻤﻠﺔ ﻟﻠﺤﻘﻮق اﻟﻤﺪﻧﯿﺔ ﻋﻠﻰ اﻟﻤﻮﻗﻊ: www.civilrights.justice.gov/report/ أو ﻋﻦ طﺮﯾﻖ اﻟﺘﻮاﺻﻞ ﻣﻊ
ﻣﻜﺘﺐ اﻟﻨﺎﺋﺐ اﻟﻌﺎم ﻟﻠﻮﻻﯾﺎت اﻟﻤﺘﺤﺪة ﻟﻠﻤﻨﻄﻘﺔ اﻟﺸﻤﺎﻟﯿﺔ ﻣﻦ أوﻛﻼھﻮﻣﺎ ﻋﻠﻰ .www.justice.gov/usao-ndok/contact-us
Justice Department Seeks to Shut Down Houston Area Tax Return Preparer and BusinessRead the Press Release
The United States today filed a complaint in the U.S. District Court for the Southern District of Texas seeking to permanently bar a Houston-area tax return preparer and her business from preparing federal income tax returns for others, among other related prohibitions.
The complaint alleges that Crystal Ojeda prepared over 10,000 federal income tax returns between 2018 and 2023 from her business “Money Market Tax Company LLC” as well as through two separate sole proprietorships: “Money Market Financial Services” and “Money Market Financial.” The complaint also alleges that in a substantial number of these tax returns, Ojeda significantly overstated her customers’ tax refund amounts by fabricating or inflating business losses, medical and dental expenses, and charitable contributions. In addition, the complaint alleges that for some customers’ returns, Ojeda falsely claimed residential energy credits to which her customers were not entitled, reducing their taxable income and leading to inflated refunds.
By repeatedly understating her customers’ tax liabilities, the complaint alleges, Ojeda has caused the United States harm of an estimated $4.8 million in tax revenue just from the years 2020 to 2022, and millions more from earlier years.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Justice Department Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Secures Settlement with Missouri Apartment Complex Developers over Disability Discrimination ClaimsRead the Press Release
The Justice Department announced that LJLD LLC and Westminster Properties LLC, the developers of residential apartments in St. Louis, have agreed to settle a federal lawsuit alleging that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to design and construct Bridgewater Residences Apartments in St. Louis to be accessible to people with disabilities.
Under the consent order, which must still be approved by the U.S. District Court for the Eastern District of Missouri, the defendants will pay $18,500 into a settlement fund to compensate individuals harmed by the inaccessible housing and will modify features of the apartment complex to be accessible. The updates will, among other things, eliminate inaccessibly steep slopes on the walkways around the outside of the apartment complex; make accessible the exterior facilities, such as the dumpster and the dog park, by constructing the appropriate sidewalks and ramps; and make the bathrooms in the apartments more accessible and usable.
“This settlement makes clear that the Justice Department is committed to zealously enforcing the federal civil rights laws that guarantee people with disabilities equal access to housing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Real estate developers across the country should take note that they cannot ignore federally-mandated accessibility requirements.”
“Under this agreement, tenants with disabilities will be compensated for the difficulties they suffered in the past at these apartments,” said U.S. Attorney Sayler A. Fleming for the Eastern District of Missouri. “But more importantly, the agreed-upon updates will make it safer and easier for both current and future tenants to easily access all the facilities of the complex, including dumpsters, dog parks and their own apartment bathrooms.”
“Failing to properly design and construct apartments to be accessible to people with disabilities amounts to violation of the Fair Housing Act and the ADA,” said Principal Deputy Assistant Secretary Demetria L. McCain of the Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity. “That is why Department of Housing and Urban Development's (HUD) free Fair Housing Accessibility FIRST initiative was created as a way to assist the public with planning for compliance with the accessibility requirements first – before engineering, before design and before construction.”
In addition to updating the apartments and compensating persons who have who have been harmed as a result of the inaccessible conditions at the properties (located at 19, 21 and 23 Kassebaum Lane), the consent order also requires that the defendants’ employees undergo training on the design and construction requirements of the FHA and the ADA.
The lawsuit arose from a complaint by Metropolitan St. Louis Equal Housing and Opportunity Council (EHOC) filed with HUD. After HUD investigated the complaint, it issued a charge of discrimination. EHOC chose to have the matter decided in federal court, and HUD referred to the matter to the Justice Department. Upon receiving the referral, the Justice Department investigated further and filed a lawsuit in September 2022.
Individuals who believe they or someone they know may have had difficulties because of the inaccessible conditions at these properties should send an e-mail to the Justice Department at [email protected] or call 1-833-591-0291 and select option 1 for English, option 4 for housing accessibility for persons with disabilities or the design and construction of accessible housing cases, and option 7 for Bridgewater to leave a message.
The Justice Department’s Civil Rights Division enforces the FHA, which prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. This law requires that multifamily housing buildings with four or more units constructed after March 13, 1991, have basic accessible features. Enacted in 1990, the ADA requires that places of public accommodation, such as rental offices at multifamily housing complexes constructed after Jan. 26, 1993, be accessible to persons with disabilities.
More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination tip line at 1-833-591-0291, e-mailing the Justice Department at [email protected], 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.
HUD’s Fair Housing Accessibility FIRST is an initiative designed to promote compliance with the Fair Housing Act design and construction requirements. The program offers comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support. Those interested in technical assistance from HUD’s FIRST program may read more at www.hud.gov/program_offices/fair_housing_equal_opp/accessibility_first_home.
Consent OrderJustice Department Files Complaint to Enjoin Arizona Company and Its Owner from Manufacturing and Distributing Unapproved Animal DrugsRead the Press Release
The Justice Department announced today that the United States filed a complaint to enjoin a Gilbert, Arizona, company from manufacturing and distributing products the government alleges to be adulterated and unapproved new animal drugs, the Justice Department announced today.
In a civil complaint for permanent injunction filed Aug. 29, in the U.S. District Court for the District of Arizona, the United States alleges that AniCell Biotech LLC and its owner, Brandon T. Ames, violated the Federal Food, Drug and Cosmetic Act (FDCA). According to the complaint, the defendants manufacture products under the brand names EquusCell and CanisCell consisting of injectable and intravenous liquids, eye drops and grafts derived from the amniotic tissue of horses. The complaint alleges that the defendants claim on their website and in promotional pamphlets that their products are intended for use in horses, dogs and cats to treat various diseases, such as osteoarthritis and renal failure, and to promote tissue regeneration and healing.
According to the complaint, the defendants’ products are not generally recognized by qualified experts as safe and effective for the purposes claimed by the defendants and lack approval by the U.S. Food and Drug Administration (FDA). The complaint further alleges that new animal drugs sold in interstate commerce without FDA approval are considered adulterated. The complaint states that FDA repeatedly told the defendants, including through a 2018 warning letter, that their products constituted new animal drugs under the law and could not be sold without FDA approval.
“The FDCA is critical to ensuring the safety of animal drugs,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to work with FDA to take action against animal drug manufacturers that do not comply with the law.”
“New animal drugs must undergo FDA review to ensure that, among other things, they are safe and effective for their intended uses,” said Director Tracey Forfa J.D. of the FDA’s Center for Veterinary Medicine. “When companies distribute unapproved new animal drugs like these by ignoring or attempting to bypass the public health safeguards of FDA pre-market review and post-market monitoring, they not only violate the law, but they also violate the trust of their people who rely on their products to be safe and effective to treat animals in need.”
Trial Attorney Coleen Schoch of the Justice Department’s Consumer Protection Branch is handling the case with the assistance of Associate Chief Counsel for Enforcement Jaclyn E. Martínez Resly of the FDA’s Office of the Chief Counsel.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove by a preponderance of the evidence.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
ComplaintPRC Citizen Sentenced to 90 Days Prison for Conspiracy to Unlawfully Produce Driver’s LicensesRead 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 imposed 90 days of imprisonment for Jiang Feng Li, age 31, a citizen of the People’s Republic of China (PRC), for Conspiracy to Unlawfully Produce an Identification Document, in violation of 18 U.S.C. § 1028(a)(1). The Court also ordered Li to serve two years of supervised release and pay a $100 special assessment fee. He was further ordered to report for deportation proceedings.
Li became a target of a federal investigation in the Commonwealth of Northern Mariana Islands (CNMI) during the spring of 2021. Investigators in Saipan learned Li was a street broker of driver’s licenses unlawfully produced for foreign citizens who did not have valid immigration status – a requirement for obtaining a license in that jurisdiction. Foreign citizens paid Li $1,400 to $1,600 to have conspirators fraudulently produce licenses by the CNMI Bureau of Motor Vehicles. Li’s federal charge alleged his unlawful assistance to three foreign citizens between May and June 2021.
Li initially came to the CNMI as a tourist, which limited his ability to travel to other parts of the United States. In July of 2022, Li traveled via boat from Saipan to Guam. He was eventually located and arrested there in January 2023.
“The public deserves to have confidence in the integrity of our licensing systems,” stated United States Attorney Anderson. “Testing drivers for their knowledge and proficiency helps keep our roadways safe. The defendant’s conduct not only induced the unlawful production of licenses for foreign nationals, but potentially contributed to hazards for other drivers. This matter, and related cases, demonstrate our ongoing efforts to promote public safety throughout the CNMI and Guam.”
This case was investigated by Federal Bureau of Investigation and prosecuted by Albert Flores Jr., Assistant United States Attorney in the District of the Northern Mariana Islands.
Omaha Man Sentenced to 151 Months for Conspiring to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Susan Lehr announced that James Graves, 51, of Omaha, Nebraska, was sentenced on today in federal court in Omaha for conspiring to distribute and possess with intent to distribute methamphetamine. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Graves to imprisonment for 151 months. Upon release from prison, Graves will be required to complete a 5-year term of supervised release. There is no parole in the federal system.
On September 27, 2022, investigators executed a warrant to search a residence on South 45th Street in Omaha, where Graves and Joshua Finken resided. Graves was present at the time of the search and admitted to investigators that he purchased distribution quantities of methamphetamine from Finken over the preceding six months.
Investigators found a safe in Graves’s upstairs bedroom containing a quantity of methamphetamine. Finken resided in the basement, where investigators found several packages of methamphetamine and more than $17,000 in drug proceeds collocated in another safe. Laboratory testing confirmed at least 295 grams of methamphetamine were recovered from the basement.
Finken was arrested nearly a month later on October 23, 2022, when Omaha Police Department officers responded to a motorcycle accident at South 45th and Leavenworth Streets in Omaha. When officers arrived, Finken was running away from the scene on foot, apparently injured. He left a backpack behind where the motorcycle crashed, which was searched by officers and was found to contain at least 159 grams of methamphetamine.
Joshua Finken’s jury trial is scheduled to begin on October 30, 2023.
This case was investigated by the Federal Bureau of Investigation Transnational Organized Crime (TOC-West) Task Force and the Bellevue Police Department.
Nigerian National Sentenced to Prison for International Scheme That Defrauded Elderly U.S. VictimsRead the Press Release
A dual U.K.-Nigerian national who was extradited to the United States from the United Kingdom was sentenced to 90 months in prison for his role in a transnational inheritance fraud scheme. With today’s sentencing, all three defendants who were extradited from the United Kingdom in connection with this matter have been sentenced.
According to court documents, Iheanyichukwu Jonathan Abraham, 44, was part of a group of fraudsters that sent personalized letters to elderly victims in the United States, falsely claiming that the sender was a representative of a bank in Spain and that the recipient was entitled to receive a multi-million-dollar inheritance left for the recipient by a family member who had died years before in Portugal. Victims were told that before they could receive their purported inheritance, they were required to send money for delivery fees and taxes and were instructed to make other payments. Victims sent money to the defendants through a complex web of U.S.-based former victims. Abraham and his co-conspirators also convinced former victims to receive money from new victims and then forward the fraud proceeds to others.
The other two defendants who were extradited from the United Kingdom also received prison sentences. On June 21, the Honorable Kathleen M. Williams sentenced Emmanuel Samuel to 82 months in prison, and on July 25, Judge Williams sentenced Jerry Chucks Ozor to 87 months in prison for their roles in the scheme. Two other co-defendants, who were extradited to the United States from Spain, have also pleaded guilty and are scheduled to be sentenced in October and November.
“The Justice Department’s Consumer Protection Branch will continue to pursue, prosecute, and bring to justice transnational criminals responsible for defrauding U.S. consumers, wherever they are located,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We thank our colleagues at the United Kingdom’s National Crime Agency and Crown Prosecution Service for assisting with the successful investigation and extradition of these defendants and the United Kingdom’s National Trading Standards Scams Team for its help in identifying this and other transnational fraud schemes.”
“The U.S. Postal Inspection Service (USPIS) has a long tradition of protecting American citizens from these types of schemes and bringing those responsible to justice,” said Inspector in Charge Juan A. Vargas of the USPIS Miami Division. “This result is a testament to the dedicated partnership between the Justice Department's Consumer Protection Branch, Homeland Security Investigations (HSI), and the USPIS, to protect our citizens from these scams.”
“International criminal organizations using schemes that target and steal from the elderly will be held responsible for their despicable actions,” said Special Agent in Charge Scott Brown of HSI Arizona. “This case demonstrates HSI’s commitment, with our partner law enforcement agencies domestically and abroad, to prove wrong those who believe they are beyond the reach of the law. I thank all the law enforcement agencies that dedicated countless hours in making this investigation a significant success.”
The Consumer Protection Branch, USPIS, and HSI are investigating the case.
Senior Trial Attorney Phil Toomajian and Trial Attorneys Josh Rothman and Brianna Gardner of the Justice Department’s Consumer Protection Branch are prosecuting the case. The Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, Europol, and authorities from the United Kingdom, Spain, and Portugal all provided critical assistance.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish, and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.
Methamphetamine Dealer Sentenced to 64 Months in Federal PrisonRead the Press Release
Saipan, CNMI – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that Yuzhu Zhang, age 50, a citizen of the People’s Republic of China, was sentenced in the United States District Court for the Northern Mariana Islands to 64 months imprisonment for Possession with Intent to Distribute a Controlled Substance (Methamphetamine), in violation of 21 U.S.C. § 841(a)(1). The Court also ordered three years of supervised release, forfeiture of $4,239 in currency, 100 hours of community service, and a $100 mandatory assessment fee. The defendant was also ordered to report to a U.S. Immigration Officer for deportation proceedings as a condition of supervised release.
In March 2022, Customs officers for the Commonwealth of the Northern Mariana Islands (CNMI) discovered more than two kilograms of methamphetamine inside a parcel at the United States Post Office in Saipan. The package had been mailed from California. After removing the drugs, officers performed a controlled delivery of the package to a private mail carrier. Zhang claimed the item from the carrier and was arrested after placing it inside the trunk of his vehicle. Officers also located 19 baggies of methamphetamine, weighing a total of 20.16 grams, and $4,239 in currency inside the vehicle. The drugs had a street value of more than one million dollars. Zhang previously entered the CNMI as a tourist but overstayed the visitation period allowed by federal law.
“Drug interdictions by CNMI and federal authorities continue to result in substantial seizures of methamphetamine from our mail system,” stated United States Attorney Anderson. “Traffickers will face substantial penalties, including the forfeiture of any drug proceeds. Foreign nationals will also risk removal from the United States and denial of reentry.”
This investigation was led by the CNMI Division of Customs and Quarantine, with assistance from the Drug Enforcement Administration Los Angeles Field Division, Guam Resident Office, Saipan Post of Duty.
This case was prosecuted by Albert S. Flores Jr. and Ashley L. Kost, Assistant United States Attorneys in the District of the Northern Mariana Islands.
Massachusetts Commercial Fisherman Pleads Guilty to Tax EvasionRead the Press Release
A Massachusetts man pleaded guilty today to evading taxes on income he earned as a commercial fisherman.
According to court documents and statements made in court, John Doe of New Bedford, Massachusetts, worked as a commercial fisherman operating primarily out of the Port of New Bedford. Despite receiving approximately $1.9 million in income between 2012 and 2021, Doe did not file tax returns with the IRS and did not pay taxes on the income he earned. To conceal his earnings from the IRS, Doe cashed his paychecks from fishing companies at check-cashing businesses and then used the cash to fund his personal lifestyle. He also used stolen identities to cash the checks. In total, Doe caused a tax loss to the IRS of approximately $520,415.
Doe is scheduled to be sentenced on Dec. 1 and faces a maximum statutory penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorney Ezra Spiro and Assistant Chief John Kane of the Tax Division are prosecuting the case.
Asphalt Paving Company and President Plead Guilty to Bid RiggingRead the Press Release
A Michigan company and its president pleaded guilty today for their roles in two separate conspiracies to rig bids for asphalt paving services contracts in Michigan.
According to court documents filed in the U.S. District Court in Detroit, Clarkston-based F. Allied Construction Company Inc. (Allied) and its president, Andrew Foster, conspired with two asphalt paving companies and their employees to rig bids in each other’s favor. Allied and Foster participated in the two conspiracies from June 2013 through June 2019, and from July 2017 through May 2021, respectively. The co-conspirators coordinated each other’s bid prices so that the agreed-upon losing company would submit intentionally non-competitive bids. These bids gave customers the false impression of competition when, in fact, the co-conspirators already had decided among themselves who would win the contracts.
“These guilty pleas demonstrate our commitment to protecting Americans from schemes that undermine competition in the transportation infrastructure sector,” said Deputy Assistant Attorney General Manish Kumar of the Justice Department’s Antitrust Division. “Along with our law enforcement partners, the division will continue to seek justice when corporations and their leaders deprive customers of fair and open competition.”
“The additional judicial actions taken to thwart this bid rigging scheme demonstrate our commitment to working with our law enforcement and prosecutorial partners to investigate anticompetitive practices in the transportation industry,” said Special Agent in Charge Andrea M. Kropf of the Department of Transportation Office of the Inspector General (DOT-OIG), Midwestern Region. “These plea agreements should send a clear message that dishonest and deceitful behavior will not be allowed.”
“Activities related to bid-rigging and collusion do not promote an environment conducive to open competition which harms the consumer,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service Office of Inspector General (USPS-OIG). “The guilty pleas in this case represent a win for all law enforcement agencies who investigate those who engage in this type of harmful conduct to ensure that justice is served."
Allied and Foster each pleaded guilty to two counts of violating Section One of the Sherman Act. The maximum penalty for individuals is 10 years in prison and a $1 million criminal fine. The maximum penalty for corporations is a $100 million criminal fine. The fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Allied is the first company and Foster the second individual to plead guilty as a result of an ongoing federal antitrust investigation into bid rigging and other anticompetitive conduct in the asphalt paving services industry being conducted by the Antitrust Division’s Chicago Office, DOT-OIG and USPS-OIG.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
Michigan Animal Dealer Surrenders Exotic Animals Following Alleged Violations of Animal Welfare Act and Endangered Species ActRead the Press Release
The Justice Department entered a consent decree in federal court with Zachery Keeler, dba Even Keel Exotics LLC, to resolve allegations in a complaint that Keeler violated the Endangered Species Act (ESA) and Animal Welfare Act (AWA). As part of the agreement, Keeler will surrender close to 150 animals including ring-tailed lemurs, kinkajous, wallabies, porcupines, foxes, prairie dogs and ground squirrels. He has also agreed to never buy, sell or otherwise engage in commerce related to animals regulated under AWA, and to not apply for AWA licensing or registration.
The complaint alleges that Keeler violated the ESA by unlawfully and prematurely separating a baby ring-tailed lemur, an endangered species, from its mother to interact with the public, then tried to sell the baby lemur for $3500. Keeler also allegedly violated the AWA by not providing potable water as needed, safe and sanitary conditions and facilities for his animals, or access to U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) inspectors so that they could ensure the health and wellbeing of his animals.
Photo of a baby ring-tailed lemur used to promote Even Keel Exotics. Image is from the complaint in United States v. Keeler, no. 2:23-cv-11748.“The Animal Welfare Act and the Endangered Species Act are important tools in protecting our most vulnerable species,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Even Keel Exotics violated requirements for minimum care of the animals in its possession, failed to provide required access to inspectors and illegally harmed a baby lemur, a protected endangered species.”
“APHIS is committed to achieving the best possible outcomes for animals protected under the Animal Welfare Act,” said Deputy Administrator Dr. Roxanne Mullaney for APHIS’ Animal Care Program. “This includes undertaking aggressive enforcement action against repeat, egregious violators of the law and working closely with APHIS partners to ensure AWA compliance.”
USDA-APHIS investigated the case as well as inspected and removed animals from the Even Keel Exotics facility. The Environment and Natural Resources Division’s Wildlife & Marine Resources Section filed the complaint and lodged the consent decree in the U.S. District Court for the Eastern District of Michigan. The case is United States v. Keeler, no. 2:23-cv-11748.
Photo of a baby ring-tailed lemur and its mother used to promote the sale of the baby lemur. Image is from the complaint in United States v. Keeler, no. 2:23-cv-11748.Justice Department and Federal Trade Commission to Hold Workshops on the 2023 Draft Merger GuidelinesRead the Press Release
The Justice Department and Federal Trade Commission (FTC) will jointly host three public workshops to facilitate public dialogue on the 2023 Draft Merger Guidelines. These workshops will allow for a dynamic discussion about the Draft Guidelines to complement the written public comments now being submitted to the agencies.
The first workshop will take place on Sept. 5 from 1 p.m. to 4:15 p.m. ET. The half-day virtual workshop will feature two panel discussions with former enforcers, academics, economists, and practitioners regarding questions and issues on which public comment will be most useful. The agenda, list of speakers, and instructions to access the livestream will be available on the event page.
Additional information about the forthcoming workshops, including the agendas and panelists, will be available on the event page as it becomes available.
The Justice Department’s Antitrust Division and the FTC continue to encourage comments from the public on the Draft Guidelines, which may be submitted online now through Sept. 18, at www.regulations.gov/docket/FTC-2023-0043. The agencies will use the public comments to evaluate and update the draft before finalizing the Draft Guidelines.
The agencies protect competition through enforcement of the antitrust laws and other federal competition statutes. The Draft Guidelines describe how the agencies review mergers and acquisitions under the federal antitrust laws. Since 1968, the agencies have issued and revised Merger Guidelines to enhance transparency and promote awareness of how the agencies enforce the law with respect to mergers and acquisitions.
Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the Antitrust Division at [email protected]. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.
Justice Department Secures Agreement with Kansas Community College to Address Racial Discrimination and HarassmentRead the Press Release
The Justice Department announced today a settlement agreement with Highland Community College (HCC) in Kansas to resolve the department’s investigation into allegations that Black students, primarily student-athletes, living on HCC’s main campus experienced discriminatory treatment in many aspects of campus life, including discipline, housing and interactions with campus security officers. The complaints alleged that Black students were targeted for searches and surveillance and disciplined more severely than their white peers, resulting in their unfair removal from campus housing or even expulsion.
Under the settlement, the college will improve the fairness and transparency of disciplinary proceedings to prevent such discrimination. The agreement will also strengthen policies, procedures and training on campus security to promote consistent, non-discriminatory interactions between security personnel and students. In addition, the agreement requires HCC to strengthen policies, procedures and training to ensure an effective response to students’ complaints of racial discrimination.
“No college student should have their educational experience marred or disrupted by discrimination based on their race,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Community colleges are an important pathway to four-year institutions and the workforce, and federal law requires that their campuses, programs and activities be equally available to all without regard to race. The Justice Department is committed to protecting the civil rights of college students across the country to pursue a higher education in a safe, welcoming and discrimination-free environment.”
“The U.S. Department of Justice is tasked to serve as a defender of the U.S. Constitution, and the Fourteenth Amendment entitles all persons to equal protection under the law,” said U.S. Attorney Kate E. Brubacher for the District of Kansas. “When educational institutions are making decisions about student discipline, race and ethnicity are never relevant factors. Colleges and universities play a powerful role in shaping the development of young people, so it’s imperative that they help set the standard for creating environments where all students are treated with the same level of respect and fairness.”
The department opened its investigation in January 2022 under Title IV of the Civil Rights Act of 1964. The college cooperated fully throughout the investigation and expressed a desire before the investigation was concluded to make positive changes for its students by revising its policies and practices, training employees and expanding student engagement to improve campus climate. Under the agreement, Highland Community College will:
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Reform policies on discipline, campus security, housing and racial harassment;
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Revise policies and procedures for responding to students’ complaints of racial discrimination and ensure that complaints are handled by trained employees who understand their responsibilities;
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Ensure that the disciplinary process is fair and equitable, including by analyzing discipline data to ensure nondiscrimination;
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Train campus security and other staff on effective de-escalation techniques and non-coercive methods of gathering information;
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Survey and improve the climate and culture of HCC’s main campus and cultivate safe and welcoming spaces for Black students; and
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Ensure students’ equitable access to HCC’s educational programs and activities regardless of race.
Protecting students from harassment and other discrimination is a top priority of the Justice Department’s Civil Rights Division. 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/.
View a copy of the settlement agreement here.
Settlement Agreement-
Justice Department Secures Agreement with American Bank of Oklahoma to Resolve Lending Discrimination ClaimsRead the Press Release
The Justice Department announced a settlement agreement today to resolve allegations that American Bank of Oklahoma engaged in a pattern or practice of lending discrimination by redlining in Tulsa, Oklahoma. The affected area includes the historically Black neighborhoods that were the site of the 1921 Tulsa Race Massacre. This resolution is part of the department’s nationwide Combating Redlining Initiative launched by Attorney General Merrick B. Garland in October 2021.
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 the residents in those communities.
“Providing equal access to credit is essential in every community, but the painful history of Tulsa makes this agreement particularly poignant because the redlined areas include historically Black neighborhoods that have endured the legacy of racial violence and the continuing effects of segregation and discrimination,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will help expand investment in Black communities and communities of color in Tulsa and increase opportunities for homeownership and financial stability. Remedial provisions in the agreement will open up opportunities for building generational wealth while focusing on neighborhoods that bear the scars of the Tulsa Race Massacre. The Justice Department will continue to combat redlining and ensure equal access to credit for all Americans.”
“American Bank of Oklahoma engaged in the illegal practice of redlining and failed to serve the diverse members of our Tulsa community as they attempted to purchase homes,” said U.S. Attorney Clinton Johnson for the Northern District of Oklahoma. “These practices are often hard to identify and prosecute and I want to thank the Department of Justice’s Civil Rights Division for taking measures to correct these abhorrent business practices.”
The complaint filed in federal court today alleges that, from 2017 through at least 2021, American Bank of Oklahoma failed to provide mortgage lending services to majority-Black and Hispanic neighborhoods in the Tulsa metropolitan area. Specifically, the department alleges that all of American Bank of Oklahoma’s branches and loan production offices were located in majority-white neighborhoods, that the bank designated a service area that excluded all majority-Black and Hispanic-census tracts in the metropolitan area and that the bank failed to appropriately monitor and address fair lending risk.
As a result, the bank’s loan officers did not serve the credit needs of Black and Hispanic neighborhoods in and around Tulsa, and the bank’s actions reinforced and perpetuated segregated housing patterns because of race, color, or national origin. The complaint also alleges that bank employees, including executives and loan officers, sent and received emails on their work email accounts containing racial slurs and racist content.
Under the proposed consent order, which is subject to court approval, American Bank of Oklahoma has agreed to invest over $1.15 million to increase credit opportunities in neighborhoods of color in the Tulsa metropolitan area. The bank will invest at least $950,000 in a loan subsidy fund for residents of majority-Black and Hispanic neighborhoods in the Tulsa area; $100,000 for advertising, outreach and consumer education; and $100,000 for development of community partnerships to provide services that increase access to residential mortgage credit. The bank will also open a new community-oriented loan production office in the historically Black area of Tulsa; ensure at least two mortgage loan officers are dedicated to serving majority-Black and Hispanic neighborhoods in and around Tulsa; host at least six consumer financial education seminars per year, with translation and interpretation services in Spanish; and will employ a full-time director of community lending, who will oversee the continued development of lending in neighborhoods of color in the Tulsa area.
The department opened its investigation into American Bank of Oklahoma’s lending practices after receiving a referral from the Federal Deposit Insurance Corporation. The bank cooperated with the department’s investigation and worked with the department to resolve these allegations.
In October 2021, the department launched its Combating Redlining Initiative as a coordinated enforcement effort to address this persistent form of discrimination against communities of color. Since the initiative was launched, the department has announced eight redlining cases and settlements and secured $89 million in relief for communities of color that have been victims of lending discrimination across the country.
More information about the department’s fair lending enforcement can be found at www.justice.gov/crt/fair-lending-program. 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.
Complaint
Consent OrderJustice Department Files Sexual Harassment Lawsuit Against Owner, Manager, and Maintenance Worker of California Rental PropertiesRead the Press Release
The Justice Department announced today that it has filed a lawsuit against Javier Salazar Jr., Javier Salazar Sr. and Ricardo Covarrubias, a maintenance worker, the manager and the owner, respectively, of rental properties in Bakersfield, California, alleging sexual harassment and retaliation in violation of the Fair Housing Act.
The lawsuit, filed in the U.S. District Court for the Eastern District of California, alleges that Javier Salazar, Jr., a maintenance worker, sexually harassed a female tenant from December 2018 through March 2019 by repeatedly asking the tenant to engage in sexual acts with him, asking her to be in a relationship with him, describing the sexual acts he wished to engage in with her and persistently commenting on her appearance. According to the complaint, on two occasions, Javier Salazar Jr. touched the tenant’s body without her consent, and surreptitiously took digital photographs of framed print pictures in her home of her and her daughter. The tenant reported Salazar Jr.’s conduct to Salazar Sr., who was both the property manager and Salazar Jr.’s father. After she reported the harassment and threatened to contact a lawyer or the police if it continued, the Salazars refused to fix a leaking gas line in her dwelling, causing her to go without heat for one month and consequently forcing her to move out. The complaint also alleges that Covarrubias, the property owner, is vicariously liable for the Salazars’ conduct because they were his agents when they engaged in sexual harassment and retaliation.
“Sexual harassment in rental housing preys on tenants who are especially vulnerable, including those who rely on their housing provider for critical maintenance services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to holding accountable any person in the housing sector who sexually harasses, assaults or retaliates against tenants, from the housing owner to the maintenance worker. A home should be a place of refuge and sanctity, not sexual assault and exploitation, and we will continue to use the Fair Housing Act to hold violators accountable.”
“For four months this tenant refused the repeated sexual advances by the maintenance worker at her rental home, and when she reported the sexual harassment, she faced retaliation,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The actions of Salazar Jr. and the failure or refusal of Salazar Sr. and Covarrubias to act on the tenant’s behalf caused her harm and distress. The U.S. Attorney’s Office will hold accountable any landlord who enables or engages in sexual harassment in violation of the Fair Housing Act.”
“Preying on renters who have few housing options is abhorrent and illegal,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. “HUD will continue to work with DOJ to enforce the law and protect tenants.”
Today’s lawsuit arose from a complaint that the former tenant filed with HUD. After HUD investigated the complaint, it issued a charge of discrimination, and the matter was referred to the Justice Department. The lawsuit seeks monetary damages to compensate the victim and a court order barring future discrimination.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the Initiative in October 2017, the Justice Department has filed 34 lawsuits alleging sexual harassment in housing.
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. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Individuals who believe that they may have been victims of sexual harassment by Javier Salazar Jr., or at rental dwellings owned or managed by Ricardo Covarrubias or Javier Salazar Sr., or who have other information that may be relevant to this case, should call the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at [email protected], or submit a report online.
Individuals can also report sexual harassment and other forms of housing discrimination by contacting HUD at 1-800-669-9777 or by filing a HUD complaint online.
Salazar complaintAttorney General Merrick B. Garland Statement on Jacksonville ShootingRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland following yesterday’s shooting in Jacksonville, Florida:
“Yesterday in Jacksonville, Florida, three people were killed in a horrific act of hate. In the wake of the mass shooting, FBI and ATF agents responded to the scene and are continuing to work closely with local law enforcement on the ground. The Justice Department is investigating this attack as a hate crime and an act of racially-motivated violent extremism. The entire Justice Department extends its deepest condolences to the loved ones of the victims and to the Jacksonville community as they mourn an unimaginable loss.
No person in this country should have to live in fear of hate-fueled violence and no family should have to grieve the loss of a loved one to bigotry and hate. One of the Justice Department’s first priorities upon its founding in 1870 was to bring to justice white supremacists who used violence to terrorize Black Americans. That remains our urgent charge today. The Justice Department will never stop working to protect everyone in our country from unlawful acts of hate.”
Readout of Justice Department Leadership’s Meeting with Civil Rights Groups Ahead of 60th Anniversary of the March on WashingtonRead the Press Release
Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, and Assistant Attorney General Kristen Clarke of the Civil Rights Division met with civil rights organizations today at the Justice Department.
Leaders from over a dozen organizations discussed an array of critical topics including voting rights, constitutional policing, and the Department’s redlining initiative.
“When I became Attorney General, I laid out three co-equal priorities for this Justice Department: to uphold the rule of law, to keep our country safe, and to protect civil rights,” Attorney General Merrick B. Garland told the civil rights leaders. “I have also made clear that protecting civil rights is not only the responsibility of one storied Division in our Department – it is the responsibility of every Justice Department employee, every single day. It is central to the mission of every component, every team, every agent, and every prosecutor in this Department.”
Attorney General Garland highlighted recent significant civil rights work including the Department’s work to secure a ruling that portions of Texas Senate Bill 1 violate the Civil Rights Act of 1964; the opening of a civil pattern or practice investigation of the Memphis Police Department and the City of Memphis; and the Department’s efforts to combat unlawful discriminatory practices in the housing market, including by securing the largest redlining settlement in the Department’s history earlier this year.
Deputy Attorney General Lisa O. Monaco spoke about some of the Department’s other work to promote civil rights, including the Department’s implementation of Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety and the establishment, in this regard, of the National Law Enforcement Accountability Database. She also discussed the Department’s ongoing efforts to reform the Federal Bureau of Prisons, including by holding employees who commit sexual abuse against adults in custody accountable for their crimes and improving access to counsel.
Assistant Attorney General Clarke discussed additional issues that the Civil Rights Division is aggressively working to address, including hate crimes prosecutions across the country, Department efforts to intervene in lawsuits challenging gender-affirming care, and a new proposed rule to improve web and mobile application accessibility for people with disabilities. She also discussed the Department’s joint resource document issued with the Department of Education to help colleges and universities understand the Supreme Court’s ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina et al. (collectively SFFA).
The meeting comes in advance of the 60th anniversary of the March on Washington. Department leadership recognized that this year’s theme, “Not A Commemoration, A Continuation,” is a reminder that more work remains to be done. That theme aligns with the Attorney General’s commitment to fulfill the Department’s founding purpose and historic responsibility to protect civil rights. When the Department was founded in 1870, in the wake of the Civil War and in the midst of Reconstruction, its first principal task was to protect the civil rights guaranteed by the 13th, 14th, and 15th Amendments. This meant confronting white supremacists who used violence and threats of violence to prevent Black Americans from exercising their voting rights. Despite important progress since then, protecting civil rights remains a cornerstone of the Department’s work.
Department leadership thanked the civil rights leaders for their hard work and partnership towards protecting civil rights.
Ohio Electrical Engineer Sentenced to 30 Months in Prison for Tax EvasionRead the Press Release
John Everson, of Liberty Center, Ohio, was sentenced today to 30 months in prison for evading taxes by using a sham trust to conceal income he earned from his electrical engineering business. A federal jury convicted Everson in October 2022 of three counts of tax evasion.
According to court documents and evidence presented at trial, from approximately 2009 through 2016, Everson earned more than $2.3 million in income from the business. He attempted to conceal much of this income and evade the IRS by instructing clients to make payments to a trust that he controlled. Everson used the trust money to pay personal expenses and make large cash withdrawals. He also funneled some of the trust funds to other bank accounts held in the names of non-profit organizations that he and several family members controlled, even listing his home and airplane in the name of a non-profit organization. In total, Everson’s conduct caused a loss to the IRS of $658,487.
In addition to the term of imprisonment, U.S. District Judge Jeffrey J. Helmick for the Northern District of Ohio ordered Everson to serve two years of supervised release and pay restitution to the United States.
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 investigated the case.
Trial Attorney Sarah Ranney of the Tax Division and Assistant U.S. Attorney Gene Crawford for the Northern District of Ohio prosecuted the case.
Former Alabama Deputy Sheriff Sentenced for Sexually Assaulting a Woman in His CustodyRead the Press Release
A former deputy sheriff with the Dallas County, Alabama, Sheriff’s Office was sentenced today in the Southern District of Alabama to 12 and a half years in prison for sexually assaulting a woman while he was on duty.
According to the superseding information and plea documents, on Jan. 30, 2020, Joshua Davidson, 33, while on duty as a Dallas County deputy sheriff, placed the victim in custody and drove her down a dark road to a desolate location where the victim performed oral sex on him against her will. The victim, who reported the assault immediately, was in fear that Davidson would shoot her if she did not cooperate.
“Today’s sentence sends a clear message that officers who abuse their positions of power to sexually assault women in their custody will face significant prison time for their unlawful actions,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will not tolerate sexual misconduct committed by law enforcement officers who were sworn to serve and protect their communities.”
“The citizens of Dallas County rightfully rely on their law enforcement officers to serve and protect them, not assault and abuse them,” said U.S. Attorney Sean P. Costello for the Southern District of Alabama. “Some criminals wear a badge, and we will continue to hold accountable those who violate the law and erode the trust of our community.”
“All law enforcement officers must adhere to the highest standard of professional conduct,” said Special Agent in Charge Paul Brown for the FBI Mobile Field Office. “Whenever someone chooses to violate the civil rights of the people they are sworn to protect, they will be held accountable to the fullest extent of the law.”
The FBI Mobile Field Office investigated the case.
Assistant U.S. Attorney Andrew Arrington for the Southern District of Alabama and Trial Attorneys Maura White and MarLa Duncan of the Civil Rights Division’s Criminal Section prosecuted the case.
Justice Department Sues SpaceX for Discriminating Against Asylees and Refugees in HiringRead the Press Release
The Justice Department filed a lawsuit today against Space Exploration Technologies Corporation (SpaceX) for discriminating against asylees and refugees in hiring. The lawsuit alleges that, from at least September 2018 to May 2022, SpaceX routinely discouraged asylees and refugees from applying and refused to hire or consider them, because of their citizenship status, in violation of the Immigration and Nationality Act (INA).
In job postings and public statements over several years, SpaceX wrongly claimed that under federal regulations known as “export control laws,” SpaceX could hire only U.S. citizens and lawful permanent residents, sometimes referred to as “green card holders.” Export control laws impose no such hiring restrictions. Moreover, asylees’ and refugees’ permission to live and work in the United States does not expire, and they stand on equal footing with U.S. citizens and lawful permanent residents under export control laws. Under these laws, companies like SpaceX can hire asylees and refugees for the same positions they would hire U.S. citizens and lawful permanent residents. And once hired, asylees and refugees can access export-controlled information and materials without additional government approval, just like U.S. citizens and lawful permanent residents.
“Our investigation found that SpaceX failed to fairly consider or hire asylees and refugees because of their citizenship status and imposed what amounted to a ban on their hire regardless of their qualification, in violation of federal law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation also found that SpaceX recruiters and high-level officials took actions that actively discouraged asylees and refugees from seeking work opportunities at the company. Asylees and refugees have overcome many obstacles in their lives, and unlawful employment discrimination based on their citizenship status should not be one of them. Through this lawsuit we will hold SpaceX accountable for its illegal employment practices and seek relief that allows asylees and refugees to fairly compete for job opportunities and contribute their talents to SpaceX’s workforce.”
The department’s lawsuit alleges that SpaceX discriminated against asylees and refugees based on citizenship status at multiple stages of the hiring process. For example:
- SpaceX discouraged asylees and refugees from applying for open positions, through public announcements, job applications and other online recruiting communications that excluded asylees and refugees.
- SpaceX failed to fairly consider applications submitted by asylees and refugees.
- SpaceX refused to hire qualified asylee and refugee applicants and repeatedly rejected asylee and refugee applicants because of their citizenship status.
- SpaceX hired only U.S. citizens and lawful permanent residents, from September 2018 to September 2020.
SpaceX recruits and hires for a variety of positions, including welders, cooks, crane operators, baristas and dishwashers, as well as information technology specialists, software engineers, business analysts, rocket engineers and marketing professionals. The jobs at issue in the lawsuit are not limited to those that require advanced degrees.
Asylees and refugees are migrants to the United States who have fled persecution. To obtain their status, they undergo thorough vetting by the United States government. Under the INA, employers cannot discriminate against them in hiring, unless a law, regulation, executive order or government contract requires the employer to do so. In this instance, no law, regulation, executive order or government contract required or permitted SpaceX to engage in the widespread discrimination against asylees or refugees that the department’s investigation found, as explained in the complaint.
Because SpaceX works with certain goods, software, technology and technical data (referred to here as export-controlled items), SpaceX must comply with export control laws and regulations, including the International Traffic in Arms Regulations and the Export Administration Regulations. Under these regulations, asylees, refugees, lawful permanent residents, U.S. citizens and U.S. nationals working at U.S. companies can access export-controlled items without authorization from the U.S. government. Therefore, these laws do not require SpaceX to treat asylees and refugees differently than U.S. citizens or green card holders. Find more information here on how employers can avoid discrimination when complying with export control requirements.
The United States seeks fair consideration and back pay for asylees and refugees who were deterred or denied employment at SpaceX due to the alleged discrimination. The United States also seeks civil penalties in an amount to be determined by the court and policy changes to ensure it complies with the INA’s nondiscrimination mandate going forward.
Please contact the department’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) at [email protected] or 1-888-473-3845 if you are or were an asylee or refugee who experienced any one of the following at any point in time:
(1) You applied to a job at SpaceX and were rejected.
(2) You were discouraged from applying to SpaceX because you were not a U.S. citizen or lawful permanent resident.
(3) A recruiter or other SpaceX employee told you that SpaceX could only hire U.S. citizens and/or lawful permanent residents.
IER is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute generally prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); e-mail [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for e-mail updates from IER.
ComplaintFormer Federal Correctional Officer Sentenced to Prison for Sexual Abuse of an InmateRead the Press Release
A former federal correctional officer was sentenced to three months in prison, followed by five years of supervised release – the first three months of supervised release will be on home detention – for sexual abuse of an individual in federal custody. He will also pay a $1,000 fine, a $5,000 Justice for Victims of Trafficking Act assessment, a $100 special monetary assessment, and be required to register as a sex offender and be subject to all sex offender conditions.
According to court documents, between October 2021, and August 2022, Lenton Jerome Hatten, 54, of Tallahassee, Florida, engaged in repeated sexual acts with an inmate while employed as a sports specialist for the Bureau of Prisons (BOP) at the Federal Correctional Institution in Tallahassee (FCI Tallahassee). Immediately after being reported, a forensic examination was conducted of the victim by a sexual assault nurse examiner. DNA evidence confirmed a likely link between Hatten and the victim.
At the time of the report, Hatten was on vacation leave and when made aware, he resigned his position. As such, Hatten had no further contact with inmates.
“As this prosecution demonstrates, the Department of Justice remains dedicated to rooting out sexual misconduct at the Bureau of Prisons,” said Deputy Attorney General Lisa O. Monaco. “Any BOP employee who abuses their position of authority and mistreats those in their custody will be held accountable.”
“No inmate should ever experience sexual abuse or abuse of any kind at the hands of a Bureau of Prisons employee. My office will continue to aggressively pursue justice for victims of such heinous acts,” said Inspector General Michael E. Horowitz.
“Without exception, all people, including those serving sentences in correctional facilities, are entitled to protection of their physical safety and civil rights” said FBI Deputy Director Paul Abbate. “This defendant repeatedly sexually abused an inmate in his care and thanks to the victim’s bravery in coming forward, future abuse has been prevented. Today’s case shows that the FBI will investigate anyone who violates federal law, regardless of their position, and hold those responsible for enforcing it to the highest standard.”
“The abuse of any inmate by correctional officers is intolerable,” said U.S. Attorney Coody for the Northern District of Florida. “Sentences of confinement are imposed to account for the inmate’s criminal conduct and afford educational and vocational skills to aid in rehabilitation. The inmate’s dignity and safety are not surrendered at the prison door. This office will vigorously investigate and prosecute any officer who violates their oath through abuse of inmates entrusted to their care and custody.”
The DOJ-OIG and FBI investigated the case.
Assistant U.S. Attorney James A. McCain for the Northern District of Florida prosecuted the case.
El Departamento de Justicia entabla pleito contra SpaceX por discriminar a asilados y refugiados en la contrataciónRead the Press Release
El Departamento de Justicia entabló pleito hoy contra Space Exploration Technologies Corporation (SpaceX) por discriminar a asilados y refugiados en la contratación. El pleito alega que, desde al menos septiembre del 2018 hasta mayo del 2022, SpaceX, de forma rutinaria, desalentaba a asilados y refugiados de solicitar un empleo y se negó a contratar o considerarlos debido a su estatus de ciudadanía, en contra de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés).
A lo largo de varios años, en los anuncios de trabajo y declaraciones públicas, SpaceX mantenía erróneamente que, según unos reglamentos federales conocidos como «leyes de control de la exportación», SpaceX solamente podía contratar a ciudadanos y residentes permanentes legales de los EE. UU., a veces denominados «titulares de una tarjeta verde». Las leyes de control de la exportación no imponen tales restricciones a la contratación. Más aún, el permiso de los asilados y refugiados de vivir y trabajar en los Estados Unidos no vence, y en virtud de las leyes de control de la exportación, están en condiciones de igualdad con ciudadanos y residentes permanente legales de los EE. UU. De acuerdo con estas leyes, compañías como SpaceX pueden contratar a asilados y refugiados para los mismos puestos para los que contratarían a ciudadanos y residentes permanentes legales de los EE. UU. Y una vez contratados, los asilados y refugiados pueden acceder a información y materiales controlados por la exportación sin la necesidad de contar con una aprobación gubernamental adicional, al igual que ciudadanos y residentes permanentes legales de los EE. UU.
«Nuestra investigación halló que SpaceX no consideró de manera justa ni tampoco contrató a los asilados y refugiados debido a su estatus de ciudadanía, e impuso lo que equivalía a una prohibición de su contratación independientemente de su cualificación, en violación de la ley federal», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Nuestra investigación también halló que reclutadores y funcionarios de alto rango de SpaceX tomaron medidas para disuadir activamente a los asilados y refugiados de buscar oportunidades de trabajo en la compañía. Los asilados y refugiados han superado muchos desafíos en sus vidas, y la discriminación ilícita en el empleo, con base en su estatus de ciudadanía, no debería ser uno de ellos. Por medio de este pleito haremos que SpaceX rinda cuentas por sus prácticas ilícitas y buscaremos un remedio que permita a los asilados y refugiados competir de manera justa por las oportunidades de trabajo y contribuir sus talentos a la mano de obra de SpaceX».
El pleito del Departamento alega que SpaceX discriminó a asilados y refugiados por motivos de su estatus de ciudadanía en múltiples fases del proceso de contratación. Por ejemplo:
- SpaceX desalentó a asilados y refugiados de solicitar puestos disponibles, mediante anuncios públicos, solicitudes de trabajo y otras comunicaciones virtuales de reclutamiento que excluyeron a asilados y refugiados.
- SpaceX no consideró de manera justa las solicitudes entregadas por asilados y refugiados.
- SpaceX se negó a contratar a postulantes cualificados que eran asilados o refugiados y se rechazó en repetidas ocasiones las solicitudes de asilados y refugiados debido a su estatus de ciudadanía.
- SpaceX contrató únicamente a ciudadanos y residentes permanente legales de los EE. UU. entre septiembre de 2018 y septiembre de 2020.
SpaceX recluta y contrata para una variedad de puestos, incluyendo soldadores, cocineros, operadores de grúa, baristas y lavaplatos, así como especialistas en la tecnología informática, ingenieros de software, analistas de negocios, ingenieros de cohetes y profesionales de la comercialización. Los puestos en cuestión en el pleito no se limitan a trabajos que requieren títulos avanzados.
Los asilados y refugiados son migrantes a los Estados Unidos que han fugado de la persecución. Para poder obtener su estatus, necesitan someterse a un proceso riguroso de investigación por parte del Gobierno de los Estados Unidos. Conforme a la INA, los empleadores no pueden discriminarlos en la contratación a menos que una ley, un reglamento, una orden ejecutiva o un contrato gubernamental así lo requiera al empleador. En este caso, no hubo ninguna ley, reglamento, orden ejecutiva o contrato gubernamental que hubiese requerido o permitido que SpaceX practicara la discriminación, de manera generalizada, a asilados y refugiados, que la investigación del Departamento halló, tal y como se explica en la demanda.
Puesto que SpaceX trabaja con ciertos bienes, software, tecnología y datos técnicos (a los que se refiere aquí como artículos de exportación controlada) SpaceX debe cumplir con los reglamentos y leyes de control de la exportación, lo que incluye los Reglamentos sobre el Tráfico Internacional de Armas y los Reglamentos de Administración de Exportaciones. Conforme a estos reglamentos, los asilados, refugiados, residentes permanentes legales, ciudadanos estadounidenses y nacionales de los EE. UU. que trabajan para compañías estadounidenses pueden acceder a artículos de exportación controlada sin la autorización del Gobierno de los EE. UU. Por lo tanto, estas leyes no requieren que SpaceX trate a asilados y refugiados de una manera diferente que a ciudadanos de los EE. UU. o titulares de tarjetas verdes. Puede encontrar más información aquí sobre cómo los empleadores pueden evitar la discriminación a la hora de cumplir con los requisitos para el control de exportaciones.
Estados Unidos pide la consideración justa y pagos retroactivos para aquellos asilados y refugiados a los que se les desalentó o denegó un empleo en SpaceX como resultado de la alegada discriminación. Por otra parte, Estados Unidos pide que se aplique una sanción civil por el monto que determinará el tribunal y exige que cambie sus políticas para garantizar su cumplimiento con el mandato antidiscriminatorio de la INA de aquí en adelante.
Le rogamos que se comunique con la Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División de Derechos Civiles del departamento a [email protected] o 1-888-473-3845 si usted es o era asilado o refugiado que experimentó alguna de las siguientes situaciones en un momento dado:
(1) Solicitó un trabajo en SpaceX y fue rechazado.
(2) Se le desalentó de solicitar un empleo en SpaceX porque no era ciudadano o residente permanente legal de los EE. UU.
(3) Un reclutador u otro empleado de SpaceX le dijo que SpaceX únicamente podía contratar a ciudadanos o residentes permanentes legales de los EE. UU.
La IER es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; represalias; e intimidación.
Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés y español. Inscríbase para recibir noticias por correo electrónico de la IER.
ComplaintDoctor Pleads Guilty to Role in Antitrust Conspiracy That Limited Cancer Patients’ Options for Life Saving Care in Southwest FloridaRead the Press Release
A medical oncologist and former president and managing partner of Florida Cancer Specialists & Research Institute LLC (FCS) pleaded guilty yesterday to conspiracy to allocate oncology treatments for cancer patients in Southwest Florida.
According to court documents filed in the U.S. District Court in Ft. Myers, Florida, Dr. William Harwin participated in a conspiracy from 1999 to September 2016 to suppress competition by agreeing to allocate chemotherapy treatments for cancer patients to FCS and radiation treatments to another oncology company in Lee, Collier, and Charlotte Counties.
Harwin pleaded guilty to one count of violating Section One of the Sherman Act. Sentencing will take place at a future date as set by the court. A federal district court judge will impose sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“This long-running criminal conspiracy denied cancer patients access to a competitive marketplace for lifesaving oncology treatments,” said Acting Director of Criminal Enforcement Emma Burnham of the Justice Department’s Antitrust Division. “The Antitrust Division will not hesitate to prosecute health care providers who choose profits over patients.”
“The FBI will not stand by and allow those trusted with saving lives to manipulate the health care system for their own benefit,” said Special Agent in Charge David Walker of the FBI Tampa Field Office. “This investigation demonstrates the commitment of the FBI and its partners to protect patient care and the healthcare marketplace.”
In April 2020, FCS was charged for its role in the same criminal conspiracy and entered into a deferred prosecution agreement resolving the charge against the company, under which it admitted to conspiring to allocate chemotherapy and radiation treatments for cancer patients. Under the agreement, FCS agreed to pay a $100 million criminal penalty and to cooperate fully with the Antitrust Division’s ongoing investigation.
The FBI Tampa Field Office – Fort Myers RA investigated the case.
Assistant Chief Mark Grundvig, Senior Trial Counsel Eun-Ha Kim and Trial Attorneys Patrick Hallagan and Aidan McCarthy of the Antitrust Division’s Washington Criminal II Section are prosecuting the case, with the assistance of the U.S. Attorney’s Office for the Middle District of Florida.
Anyone with information in connection with this investigation or other antitrust violations should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
Owners of Military Contracting Companies Sentenced for Bid Rigging in TexasRead the Press Release
Two military contractors were sentenced today in the U.S. District Court for the Eastern District of Texas, Texarkana Division, for their roles in a bid-rigging scheme involving the maintenance and repair of military tactical vehicles in Texas. The multi-year scheme secured more than $17 million in taxpayer dollars.
Aaron Stephens, of Queen City, Texas, was sentenced to 18 months in prison and ordered to pay a criminal fine of $50,000. According to a plea agreement filed on Jan. 12, Stephens and his co-conspirators rigged bids on certain government contracts from May 2013 to January 2018 to give the false impression of competition and secure government payments. The conspirators submitted coordinated, higher-priced and non-competitive bids to ensure a designated company won each contract. Stephens and his co-conspirators rigged six different contracts for work performed for the Red River Army Depot in Texarkana, Texas. The projects included heavy military equipment work like refurbishing armor kits for military trucks and turrets for Humvees.
John “Mark” Leveritt, of Heath, Texas, was sentenced to six months in prison and ordered to pay a criminal fine of $300,000. According to a plea agreement filed on July 13, 2022, Leveritt engaged in the same conspiracy from May 2013 to April 2018 involving seven bids.
“Today’s sentences demonstrate our commitment to safeguarding the integrity of the military contracting process,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “We will hold accountable those who enrich themselves at the expense of our armed forces and ultimately the public.”
“Servicing heavy military vehicles and equipment are critical to the functioning of the U.S. military and its mission, so anticompetitive practices such as those used by the defendants in this case harm the military, taxpayers, and legitimate businesses alike,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “The Eastern District of Texas will vigorously prosecute those who compromise the integrity of the procurement process for greed and personal gain.”
“This sentencing should stand as a deterrent to those who would engage in fraud and corruption for personal gain and is a testament to the thorough and professional effort of our investigative partnerships with the United States Attorney’s Office and the FBI,” said Acting Special Agent-in-Charge Michael Curran of the U.S. Army Criminal Investigation Division’s Major Procurement Fraud Field Office. “We will diligently continue our efforts to pursue those engaged in criminal activity that impacts the integrity of the U.S. Government and the U.S. Army.”
“Today’s sentences are the result of the tireless work and dedication of multiple agencies to hold these individuals accountable for conspiring to defraud the United States government,” said Special Agent in Charge Chad Yarbrough of the FBI Dallas Field Office. “The public can rest assured that we remain committed to aggressively pursuing anyone that uses government programs for their own personal gain.”
The division’s Washington Criminal II section, the U.S. Army Criminal Investigation Division’s Dallas Fraud Resident Agency, and the FBI Dallas Field Office investigated the case
Trial Attorneys Jillian Rogowski, Daniel Loveland, and Aidan McCarthy of the Antitrust Division’s Washington Criminal II Office prosecuted the case.
In November 2019, the Justice Department created the Procurement Collusion Strike Force, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government — federal, state and local. To contact the Procurement Collusion Strike Force, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to construction or infrastructure, go to www.justice.gov/procurement-collusion-strike-force.
Justice Department Awards Almost $70 Million in Grant Funding for Support Services for American Indian and Alaska Native Victims of CrimeRead the Press Release
The Justice Department announced today the awarding of $69,632,900 through 212 awards in the Department’s Tribal Victim Services Set-Aside (TVSSA) program, which provides support to American Indian and Alaska Native communities across the country to enhance services for victims of crime, consistent with the requirements of the Victims of Crime Act.
These awards will fund a wide range of services for crime victims, from counseling and civil legal assistance to emergency housing and Tribal wellness ceremonies. Of these TVSSA awards, almost $22 million will go to 67 Tribal communities in Alaska.
“The Justice Department recognizes that Alaska Native families and communities have endured persistently high levels of violence and that women and girls have borne the brunt of that violence,” said Attorney General Merrick B. Garland. “We are here today to reaffirm the Justice Department’s commitment to working across the federal government and with Alaska Native communities to meet these urgent challenges.”
Additionally, earlier today, the Justice Department’s Office on Violence Against Women (OVW) granted $774,790 in Sexual Assault Services Formula Grant Program (SASP) awards for Alaska Native communities.
Attorney General Garland traveled to Anchorage and Galena, Alaska, where he met with Alaska Native community leaders from several villages. The Attorney General was joined by Sen. Lisa Murkowski in visiting with village leaders in Galena, and additionally joined by Rep. Mary Peltola at a roundtable in Anchorage with representatives of Native Tribal organizations to discuss public safety issues in Alaskan Native Villages.
The Department grants are especially meant to help Alaska Native communities and remotely located tribes meet the victim service challenges that they face. OVC recently piloted a new approach to make it easier to access grants recognizing some challenges posed by limited human and technological resources. This pilot was implemented in direct response to requests from Alaska Native villages who needed in-person support with grant applications. Grant managers from OVC’s Tribal Division were deployed to Alaska and spent 32 days on the ground meeting with more than two dozen Alaska village grant applicants and helped with such tasks as creating program designs and project budgeting.
The Department has granted hundreds of awards since the Tribal Victim Services Set-Aside program was launched five years ago, and they have helped provide services to thousands of crime victims. More than 88,000 victims have received direct services since 2020. These funds are being used to serve victims of domestic violence, sexual assault, arson, burglary, elder abuse, fraud, theft, kidnapping, as well as sex and labor trafficking. The Office for Victims of Crime (OVC)’s Tribal Division has worked closely with Tribal leaders and Tribal advocates to make sure this program is as responsive as possible to the needs of Tribes.
These awards and the Attorney General’s trip exhibit the continued efforts of the Justice Department to uplift Tribal communities and ensure they have the resources they need to maintain public safety and security.
Five Amazon Marketplace Sellers and Four Amazon Marketplace Companies Sentenced for Price FixingRead the Press Release
Five individuals and four companies have been sentenced for participating in a conspiracy to fix the prices of DVDs and Blu-Ray Discs sold on the Amazon marketplace. This investigation has resulted in a total of six individual guilty pleas and four corporate guilty pleas.
Victor Btesh, of New York, was sentenced to 18 months in prison incarceration followed by two years of supervised release and a fine of $38,000. Btesh’s three companies – Michelle’s DVD Funhouse, MJR Prime and Prime Brooklyn – were sentenced to $156,520, $125,688 and $61,844 in criminal fines, respectively, in the U.S. District Court for the Eastern District of Tennessee.
Additionally, Emmanuel Hourizadeh, Raymond Nouvahian, Morris Sutton, Bruce Fish and Fish’s company, BDF Enterprises Inc., were all sentenced on July 21, in the U.S. District Court for the Eastern District of Tennessee. Hourizadeh and Nouvahian, both of New York, were each sentenced to one month in prison, seven months of home confinement, a criminal fine of $55,000 each and two years of supervised release. Sutton, of New Jersey, was sentenced to one month in prison, five months of home confinement, a $20,000 criminal fine and two years of supervised release. Fish, of Minnesota, was sentenced to six months in prison, six months of home confinement, a $48,750 criminal fine and two years of supervised released. BDF Enterprises was sentenced to a $234,000 criminal fine.
“Americans are becoming increasingly reliant on online marketplaces, making it more important as ever to protect them from being cheated on the internet,” said Deputy Assistant Attorney General Manish Kumar of the Justice Department’s Antitrust Division. “These sentences reflect the division’s commitment to seeking punishment for criminal antitrust violations wherever they may occur.”
“Conspiring to fix prices in online marketplaces is a federal crime,” said U.S. Attorney Francis M. Hamilton III for the Eastern District of Tennessee. “These convictions and sentences demonstrate our office’s commitment to prosecuting price-fixing conspiracies and to protecting consumers in the Eastern District of Tennessee from paying inflated prices in online marketplaces.”
“Activities related to price fixing and collusion do not promote an environment conducive to open competition, ultimately harming the consumer,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service Office of Inspector General (USPS-OIG). “The sentencings in this case represent a win for all law enforcement agencies who investigate those who engage in this type of harmful conduct to ensure that justice is served.”
According to court documents, the defendants agreed with co-conspirators to raise and maintain the prices of DVDs and Blu-Rays sold through Amazon marketplace storefronts, resulting in those products being sold at collusive and noncompetitive prices. Hourizadeh, Nouvahian and Sutton pleaded guilty to price fixing on Jan. 7, 2022. Btesh and all three corporate entities pleaded guilty to price fixing on Feb. 9, after having been indicted on March 16, 2022. Lastly, Fish and BDF Enterprises pleaded guilty to price fixing on Feb. 10, after having been indicted on March 16, 2022.
Amazon Marketplace is an e-commerce platform that enables third-party vendors to sell new or used products alongside Amazon’s own offerings. Amazon Marketplace is owned and operated by Amazon.com Inc.
The FBI New York Field Office and the USPS-OIG Contract Fraud Investigations Division investigated the case.
Trial Attorneys Robert M. Jacobs, Kevin C. Culum, Elizabeth K. Noonan-Pomada and Nickolas R. Foran of the Antitrust Division’s Chicago Office and Assistant U.S. Attorney William A. Roach Jr. for the Eastern District of Tennessee prosecuted the case.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258 or visit www.justice.gov/atr/report-violations.
Justice Department Secures Title IX Agreement Addressing Campus Sexual Assault and Harassment with Case Western Reserve UniversityRead the Press Release
WASHINGTON – The Justice Department announced today an agreement with Case Western Reserve University (CWRU) in Cleveland, Ohio, to resolve a federal investigation under Title IX of the Education Amendments of 1972 into the university’s response to complaints of student-on-student and employee-on-student sexual harassment. Under the agreement, CWRU will undertake campus-wide reforms so that students can attend school and participate in Greek life programming free from sex discrimination, including sexual assault, sex-based stalking and retaliation for filing complaints of sex discrimination.
“All students should be able to participate in college life without being subjected to sex discrimination. Far too often, students on our nation’s college and university campuses face stalking, harassment or sexual assault,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When sex discrimination rears its head, universities must respond appropriately to stop the misconduct and provide support so that the student can safely participate in school activities and complete their educational pursuits. This agreement would not have been possible without the many current and former student survivors who came forward and courageously shared their stories. We hope this agreement sends a message to the higher education community about the actions that must be taken to ensure that campuses are safe for all students.”
“The U.S. Attorney’s Office takes sex discrimination allegations such as these very seriously. The agreement provides not only for increased training but also for revised policies and procedures along with increased efforts at campus engagement and internal monitoring to address such matters proactively,” said U.S. Attorney Rebecca Lutzko for the Northern District of Ohio. “This settlement sends a strong message that sexual harassment on college campuses will not be tolerated, and the measures in the agreement will help protect current and future students. We acknowledge and commend the students from CWRU whose efforts shined a light on this issue, and we look forward to working with CWRU to implement this important agreement.”
The department’s investigation, which was conducted jointly by the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Ohio, focused on CWRU’s response to student complaints and hundreds of social media reports alleging sexual harassment on campus and a hostile environment in Greek life. One quarter of CWRU’s undergraduate population participates in the university’s 10 sororities and 16 fraternities. The department’s investigation concluded that, among other things, CWRU did not respond appropriately to a well-known climate of sexual harassment in its Greek life program. Further, CWRU employees did not report sexual harassment complaints to the office tasked with responding to such allegations and providing students with support and resources.
CWRU fully cooperated during this investigation. The agreement requires CWRU to undertake extensive reforms, including:
- Publicizing Title IX policies and protocols and developing user-friendly materials so the CWRU community knows how to report concerns regarding sex discrimination and access resources to address it;
- Delivering comprehensive annual training for all students and employees;
- Implementing new policies, protocols and well-designed trainings to reform the university’s Greek Life programming;
- Providing students who experience sex discrimination with resources to prevent disruptions to their education;
- Funding the women’s center, Office of Greek Life and University Health and Counseling Services, as needed, to support students affected by sex discrimination; and
- Conducting outreach and analyzing trends to strengthen prevention and response to sex discrimination on campus.
A summary of the agreement can be found here.
Individuals with information related to CWRU’s compliance with Title IX are encouraged to contact the Justice Department at 1-866-432-0339 or [email protected]. Members of the public may report possible civil rights violations at www.civilrights.justice.gov/report/.
Protecting students from harassment and other discrimination is a top priority of the Justice Department’s Civil Rights Division. 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.
Additional information about the U.S. Attorney’s Office of the Northern District of Ohio is available on its website at www.justice.gov/usao-ndoh.
Justice Department Secures Title IX Agreement Addressing Campus Sexual Assault and Harassment with Case Western Reserve UniversityRead the Press Release
The Justice Department announced today an agreement with Case Western Reserve University (CWRU) in Cleveland, Ohio, to resolve a federal investigation under Title IX of the Education Amendments of 1972 into the university’s response to complaints of student-on-student and employee-on-student sexual harassment. Under the agreement, CWRU will undertake campus-wide reforms so that students can attend school and participate in Greek life programming free from sex discrimination, including sexual assault, sex-based stalking and retaliation for filing complaints of sex discrimination.
“All students should be able to participate in college life without being subjected to sex discrimination. Far too often, students on our nation’s college and university campuses face stalking, harassment or sexual assault,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When sex discrimination rears its head, universities must respond appropriately to stop the misconduct and provide support so that the student can safely participate in school activities and complete their educational pursuits. This agreement would not have been possible without the many current and former student survivors who came forward and courageously shared their stories. We hope this agreement sends a message to the higher education community about the actions that must be taken to ensure that campuses are safe for all students.”
“The U.S. Attorney’s Office takes sex discrimination allegations such as these very seriously. The agreement provides not only for increased training but also for revised policies and procedures along with increased efforts at campus engagement and internal monitoring to address such matters proactively,” said U.S. Attorney Rebecca Lutzko for the Northern District of Ohio. “This settlement sends a strong message that sexual harassment on college campuses will not be tolerated, and the measures in the agreement will help protect current and future students. We acknowledge and commend the students from CWRU whose efforts shined a light on this issue, and we look forward to working with CWRU to implement this important agreement.”
The department’s investigation, which was conducted jointly by the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Ohio, focused on CWRU’s response to student complaints and hundreds of social media reports alleging sexual harassment on campus and a hostile environment in Greek life. One quarter of CWRU’s undergraduate population participates in the university’s 10 sororities and 16 fraternities. The department’s investigation concluded that, among other things, CWRU did not respond appropriately to a well-known climate of sexual harassment in its Greek life program. Further, CWRU employees did not report sexual harassment complaints to the office tasked with responding to such allegations and providing students with support and resources.
CWRU fully cooperated during this investigation. The agreement requires CWRU to undertake extensive reforms, including:
- Publicizing Title IX policies and protocols and developing user-friendly materials so the CWRU community knows how to report concerns regarding sex discrimination and access resources to address it;
- Delivering comprehensive annual training for all students and employees;
- Implementing new policies, protocols and well-designed trainings to reform the university’s Greek Life programming;
- Providing students who experience sex discrimination with resources to prevent disruptions to their education;
- Funding the women’s center, Office of Greek Life and University Health and Counseling Services, as needed, to support students affected by sex discrimination; and
- Conducting outreach and analyzing trends to strengthen prevention and response to sex discrimination on campus.
A summary of the agreement can be found here.
Individuals with information related to CWRU’s compliance with Title IX are encouraged to contact the Justice Department at 1-866-432-0339 or [email protected]. Members of the public may report possible civil rights violations at www.civilrights.justice.gov/report/.
Protecting students from harassment and other discrimination is a top priority of the Justice Department’s Civil Rights Division. 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.
Additional information about the U.S. Attorney’s Office of the Northern District of Ohio is available on its website at www.justice.gov/usao-ndoh.
Cover Letter Agreement Agreement SummaryJustice Department Announces $51.86 Million in Grant Awards to Support Victims of Sexual AssaultRead the Press Release
The Justice Department today announced Office on Violence Against Women (OVW) grant funding totaling $51,860,858 to provide victims of sexual assault with services in every state and the District of Columbia, as well as American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico and the Virgin Islands. This marks a significant increase of nearly 45% when compared to last year’s funding level. OVW Principal Deputy Director Allison Randall announced the 56 Sexual Assault Services Formula Grant Program (SASP) awards in remarks at the National Sexual Assault Conference in San Francisco, California. These are funds that are made available through the implementation of the Violence Against Women Act (VAWA).
“It is critically important that all victims of sexual assault are able to access support and safety. Research shows that the need for that support is substantial across our nation: more than half of women and nearly one-third of men experience sexual violence in their lifetimes, which is a truly staggering number,” said Associate Attorney General Vanita Gupta. “This significant release of SASP funds reflects our unwavering resolve to combat sexual assault. It represents our dedication to supporting rape crisis centers and other organizations that provide trauma-informed services and counseling, training advocates and ensuring that every survivor receives assistance tailored to their unique needs. We’re not just investing in services; we're investing in dignity, healing and justice for every survivor.”
“While we face significant challenges as a nation in preventing and addressing sexual assault, the increased resources for these programs through SASP funds underscore our dedication to centering the voices of survivors and enhancing services and support,” said OVW Director Rosie Hidalgo. “We at the Office on Violence Against Women recognize the importance of strengthening a robust community-wide response in aiding survivors of sexual violence. This collective effort ensures that survivors are not just heard, but that they are fully supported in accessing safety, healing and justice. I wish to extend my deepest gratitude to service providers, advocates, coalitions and especially survivors. Their relentless work, bravery and dedication in preventing and addressing sexual violence are not just commendable but essential.”
Congress first authorized SASP in the VAWA Reauthorization of 2005. SASP is the nation’s first federal funding stream dedicated to providing direct intervention and related assistance to victims of sexual assault. OVW administers SASP funding according to a statutorily determined, population-based formula. States and territories, in turn, sub award the funds to rape crisis centers and other nonprofit, nongovernmental or Tribal agencies that provide direct intervention and related services to adult, youth and child victims of sexual assault.
In addition to SASP, OVW administers discretionary grant programs, many of which fund sexual assault services.
OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of VAWA and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Full Award ListFormer J.P. Morgan Precious Metals Traders Sentenced to PrisonRead the Press Release
Two former precious metals traders at JPMorgan Chase & Co. (JPMorgan) were sentenced today for engaging in fraud, attempted price manipulation, and spoofing as part of a market manipulation scheme that spanned over eight years, involved tens of thousands of unlawful trading sequences, and resulted in over $10 million in losses to market participants.
Gregg Smith, 59, of Scarsdale, New York, was sentenced to two years in prison and a $50,000 fine. Michael Nowak, 49, of Montclair, New Jersey, was sentenced to one year and one day in prison and a $35,000 fine.
“The defendants used their positions as some of the most powerful traders in the worldwide precious metals markets to engage in an egregious effort to manipulate prices for their benefit,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “This case reaffirms the Department’s steadfast commitment to hold accountable those who engage in fraud and manipulation that undermines the investing public’s trust in the integrity of our commodities markets.”
According to court documents, between approximately May 2008 and August 2016, Smith and Nowak, along with other traders on the JPMorgan precious metals desk, engaged in a widespread spoofing, market manipulation, and fraud scheme. Smith was an executive director and trader on JPMorgan’s precious metals desk in New York, and Nowak was a managing director and ran JPMorgan’s global precious metals desk. As part of their market manipulation scheme, Smith and Nowak placed orders for precious metals futures contracts that they intended to cancel before execution to drive prices on orders they intended to execute on the opposite side of the market. Smith and Nowak engaged in tens of thousands of deceptive trading sequences for gold, silver, platinum, and palladium futures contracts traded through the New York Mercantile Exchange Inc. (NYMEX) and Commodity Exchange Inc. (COMEX), which are commodities exchanges operated by CME Group Inc. These deceptive orders were intended to inject false and misleading information about the genuine supply and demand for precious metals futures contracts into the markets.
“As today’s sentencing demonstrates, the FBI and its partners remain committed to investigating and bringing to justice anyone who attempts to manipulate our financial markets for their own selfish gain,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “In order to maintain economic security, investors in equity and commodities markets must have confidence that exchanges are operated in a transparent and equitable manner, and that investments are free from manipulation and fraud. Today’s outcome should serve as a reminder that the FBI remains highly focused on combatting bad actors conducting sophisticated fraud schemes targeting the securities and commodities markets.”
In September 2020, JPMorgan admitted to committing wire fraud in connection with: (1) unlawful trading in the markets for precious metals futures contracts; and (2) unlawful trading in the markets for U.S. Treasury futures contracts and in the secondary (cash) market for U.S. Treasury notes and bonds. JPMorgan entered into a three-year deferred prosecution agreement through which it paid more than $920 million in a criminal monetary penalty, criminal disgorgement, and victim compensation, with parallel resolutions by the Commodity Futures Trading Commission (CFTC) and the Securities Exchange Commission announced on the same day.
The FBI New York Field Office investigated the case. The CFTC’s Division of Enforcement provided valuable assistance.
Market Integrity & Major Frauds Unit Chief Avi Perry and Trial Attorneys Matthew F. Sullivan, Lucy B. Jennings, and Christopher Fenton of the Criminal Division’s Fraud Section prosecuted the case.
Major Generic Drug Companies to Pay over Quarter of a Billion Dollars to Resolve Price-Fixing Charges and Divest Key Drug at the Center of Their ConspiracyRead the Press Release
The Justice Department announced today deferred prosecution agreements resolving criminal antitrust charges against Teva Pharmaceuticals USA, Inc. and Glenmark Pharmaceuticals Inc., USA. As part of those agreements, both companies will divest a key business line involved in the misconduct, and as an additional remedial measure, Teva will make a $50 million drug donation to humanitarian organizations. Teva will pay a $225 million criminal penalty — the largest to date for a domestic antitrust cartel — and Glenmark will pay a $30 million criminal penalty. Both companies will face prosecution if they violate the terms of the agreements, and if convicted, would likely face mandatory debarment from federal health care programs.
The agreements each require the companies to undertake remedial measures, including the timely divestiture of their respective drug lines for pravastatin, a widely used cholesterol medicine that was a core part of the companies’ price-fixing conspiracy. This extraordinary remedy forces the companies to divest a business line that was central to the misconduct. Teva must also donate $50 million worth of clotrimazole and tobramycin, two additional drugs with prices affected by Teva’s criminal schemes, to humanitarian organizations that provide medication to Americans in need. Both Teva and Glenmark have agreed, among other things, to cooperate with the department in the ongoing criminal investigations and resulting prosecutions, report to the department on their compliance programs, and modify those compliance programs where necessary and appropriate.
“Today, the Antitrust Division and our law enforcement partners hold two more pharmaceutical companies accountable for raising prices of essential medicines and depriving Americans of affordable access to prescription drugs. The resolutions include extraordinary remedial measures that require the breakup of assets and restore competition to the industry,” said Assistant Attorney General Jonathan Kanter of the Justice Department's Antitrust Division. “Companies in heavily regulated industries are on notice that the division will not hesitate to hold them accountable and will not tolerate recidivism.”
“The Department of Justice’s Antitrust Division, along with our other federal law enforcement partners, secured a victory with today’s settlement agreement in our fight against price-fixing and collusion,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service Office of Inspector General (USPS-OIG). “The USPS-OIG will vigorously investigate those who would engage in harmful anticompetitive practices, and we continue to ask for the public’s assistance in identifying and reporting those engaged in this type of activity.”
“The FBI works relentlessly with our partners to investigate crimes that violate our nation’s long-held principles of fair competition,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Today’s agreements show that we are committed to ensuring that entities that engage in price-fixing, bid-rigging and market-allocation schemes to the detriment of the American people face justice.”
As part of the agreements, Teva admitted to participating in three antitrust conspiracies that affected essential medicines — including pravastatin, clotrimazole and tobramycin — and Glenmark admitted to participating in a conspiracy to fix the price of pravastatin. Pravastatin is a commonly prescribed cholesterol medication that lowers the risk of heart disease and stroke; clotrimazole is commonly prescribed to treat skin infections; and tobramycin is commonly prescribed to treat eye infections and cystic fibrosis. Also as part of the agreements, the parties today filed joint motions, which are subject to approval by the Court, to defer prosecution and trial on the filed charges for the three-year terms of the agreements or until after the criminal penalties are paid, whichever occurs later.
During the multi-year investigation, the Antitrust Division and its law enforcement partners uncovered price-fixing, bid-rigging and market-allocation schemes affecting many generic medicines, and charged seven generic pharmaceutical companies for their participation in the schemes. With today’s agreements, all seven companies have resolved their criminal charges and collectively agreed to pay more than $681 million in criminal penalties.
In June 2020, Glenmark was charged with one count of price fixing for its role in a conspiracy affecting the prices of pravastatin and other generic drugs. A grand jury returned a superseding indictment against Glenmark and Teva in August 2020 for the same and similar conduct. Count one alleged that Teva conspired with Glenmark, Apotex Corp. and others to increase prices for pravastatin and other generic drugs. Apotex admitted its role in this conspiracy and agreed to pay a $24.1 million penalty in May 2020. Count two charged Teva for its role in a conspiracy with Taro Pharmaceuticals U.S.A. Inc., its former executive Ara Aprahamian and others to increase prices, rig bids and allocate customers of generic drugs, including clotrimazole, a medicine used to treat skin infections. Taro admitted to its role in this conspiracy and agreed to pay a $205.7 million penalty to resolve that charge in July 2020. Aprahamian was indicted in February 2020 and is awaiting trial. Count three charged Teva for its role in a conspiracy with Sandoz Inc. and others to increase prices, rig bids and allocate customers of generic medicines, including cystic fibrosis medicine tobramycin. A former Sandoz executive pleaded guilty for his participation in the conspiracy in February 2020. Sandoz admitted to its role in the conspiracy and agreed to pay a $195 million penalty in March 2020. Together, these charges and the resolutions announced today reflect the Department’s commitment to holding corporate offenders responsible even where collateral consequences may be at issue.
United States Postal Service Office of Inspector General, the FBI’s Washington and Philadelphia Field Offices and the U.S. Attorney’s Office for the Eastern District of Pennsylvania investigated the case.
Trial Attorneys Matthew Lunder, Thomas Tynan, Michael Sawers and Barry Joyce of the Antitrust Division’s Washington Criminal I Section and Assistant Chief Mark Grundvig and Trial Attorney Julia Maloney of the Antitrust Division’s Washington Criminal II Section are prosecuting the cases, with the assistance of Antitrust Division Economists Evan Gee and Peter Woodward and Financial Analyst Joanne Legomsky.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
DPA - Teva DPA - GlenmarkDetroit-Area Personal Injury Attorney Sentenced to 18 Months for Filing False Tax ReturnsRead the Press Release
A Michigan man was sentenced today to 18 months in prison for willfully filing five false tax returns for himself and one of his businesses.
According to court documents and statements made in court, Carl L. Collins was a personal injury attorney with offices in Southfield, Michigan. He also owned a real estate company, First Third LLC, and two medical services companies, MedCity Rehabilitation Services LLC and Alpha Living LLC. Collins did not report substantial income he received from these businesses on his personal returns for 2012, 2015 and 2018, and on Alpha Living’s corporate 2015 return. Instead, Collins deposited the funds into Interest on Lawyer’s Trust Accounts (IOLTA), bank accounts used by lawyers solely to hold money in trust for their clients, and he did not disclose this to his return preparers or the Michigan State Bar Foundation, as required. In total, Collins concealed over $2.6 million in income from his tax preparers and the IRS.
In addition to the term of imprisonment, U.S. District Judge Gershwin A. Drain ordered Collins to serve one year of supervised release and pay a $10,000 fine. A hearing to determine the amount of restitution to be paid is scheduled for Sept. 1.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Dawn N. Ison for the Eastern District of Michigan made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorneys Kenneth Vert and Jeffrey McLellan of the Justice Department’s Tax Division prosecuted the case.
Omaha Man Sentenced for Possessing Child PornographyRead the Press Release
Acting United States Attorney Susan Lehr announced that Kevin Kesselberg, Jr., 20, of Omaha, Nebraska, was sentenced today in federal court in Omaha for possession of child pornography. United States District Judge Brian C. Buescher sentenced Kesselberg to 60 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Kesselberg will serve 10 years of supervised release. Kesselberg was also ordered to pay $6,000 in restitution.
In December 2021, law enforcement began investigating after receiving a Cybertip from Dropbox, Inc. stating that a user had uploaded child pornography. An IP address associated with the uploads was associated with Kesselberg. He admitted to using the account at issue and viewing child pornography. Investigators searched Kesselberg’s cell phone and located two videos of child pornography on the device.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Lab Owner Sentenced for $463M Genetic Testing SchemeRead the Press Release
A Georgia man was sentenced today to 27 years in prison for his role in a scheme to defraud Medicare by submitting over $463 million in genetic and other laboratory tests that patients did not need, and that were procured through the payment of kickbacks and bribes.
According to court documents, Minal Patel, 44, of Atlanta, owned LabSolutions LLC (LabSolutions), a lab enrolled with Medicare that performed sophisticated genetic tests. Patel conspired with patient brokers, telemedicine companies, and call centers to target Medicare beneficiaries with telemarketing calls falsely stating that Medicare covered expensive cancer genetic tests. After the Medicare beneficiaries agreed to take a test, Patel paid kickbacks and bribes to patient brokers to obtain signed doctors’ orders authorizing the tests from telemedicine companies. To conceal the kickbacks and bribes, Patel required patient brokers to sign sham contracts that falsely stated that the brokers were performing legitimate advertising services for LabSolutions, when, as Patel well knew, the brokers were deceptively marketing to Medicare beneficiaries and paying kickbacks and bribes to telemedicine companies for genetic testing prescriptions.
“In one of the largest genetic testing fraud cases ever tried to verdict, today’s sentence makes clear that the Department will seek justice for those who put profits above patient care, including owners and executives,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The sentence also demonstrates the Criminal Division’s ongoing commitment to fighting telemedicine and genetic testing fraud that exploits patients and drains health care benefit programs.”
Patel knew the telemedicine doctors robo-signed prescriptions for expensive genetic testing even though they were not treating the beneficiaries, often did not even speak with them, and made no evaluation of medical necessity. From July 2016 through August 2019, LabSolutions submitted more than $463 million in claims to Medicare, including for thousands of medically unnecessary genetic tests, of which Medicare paid over $187 million. In that timeframe, Patel personally received over $21 million from Medicare in connection with the fraud.
“Deception, kickbacks, and bribes have no place in the provision of legitimate genetic testing and telemedicine services to patients who need them,” said Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office. “Patel bilked hundreds of millions of dollars from Medicare through a complex testing fraud scheme. He is now paying the price for this crime. The FBI commends the Department of Health and Human Services Office of Inspector General (HHS-OIG) for their close partnership and diligence working this joint investigation. Our message to those who commit Medicare fraud and steal from U.S. taxpayers is clear: you will be caught and you will be held accountable.”
“This outcome sends a strong message that HHS-OIG will not tolerate those who exploit Medicare patients and who pay kickbacks to providers to prescribe medically unnecessary genetic tests, all for illegitimate financial gain,” said Acting Special Agent in Charge Julie Rivera of the HHS-OIG. “Our commitment to safeguarding the integrity of the Medicare program remains unwavering.”
The FBI and HHS-OIG investigated the case.
Trial Attorneys Jamie de Boer, Emily Gurskis, Reginald Cuyler Jr., Katherine Rookard, and Patrick Queenan of the Criminal Division’s Fraud Section prosecuted the case. Assistant U.S. Attorney Marx Calderon for the Southern District of Florida is handling asset forfeiture proceedings. An asset forfeiture hearing is scheduled for Aug. 25.
The case was brought as part of Operation Double Helix, a federal law enforcement action led by the Health Care Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section, focused on fraudulent genetic cancer testing that has resulted in charges against dozens of defendants associated with telemedicine companies and cancer genetic testing laboratories for their alleged participation in one of the largest health care fraud schemes ever charged.
Court Finds that Texas Law Requiring the Rejection of Mail Ballots and Applications Violates the Civil Rights ActRead the Press Release
The U.S. District Court for the Western District of Texas ruled yesterday that portions of Texas Senate Bill 1, adopted in September 2021, violate the Civil Rights Act of 1964. The court found that parts of S.B. 1 require officials to reject mail-in ballot applications and mail-in ballots based on errors or omissions that are not material in determining whether voters are qualified under Texas law to vote or cast a mail ballot.
“The District Court’s decision affirms what the Justice Department has argued for nearly two years: these provisions of Texas Senate Bill 1 unlawfully restrict the ability of eligible Texas voters to vote by mail and to have that vote counted,” said Attorney General Merrick B. Garland. “The Justice Department will continue to defend against unlawful efforts that undermine the right to vote and restrict participation in our democracy.”
“In requiring rejection of mail ballots and mail ballot applications from eligible voters based on minor paperwork errors or omissions, Texas Senate Bill 1 violates the Civil Rights Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This ruling sends a clear message that states may not impose unlawful and unnecessary requirements that disenfranchise eligible voters seeking to participate in our democracy. The Justice Department will continue to use every available tool to protect all Americans’ right to vote and to ensure that their voices are heard.”
“The right to vote is one of the fundamental rights in our democracy,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “This important ruling protects the rights of eligible Texas voters to cast a vote and have it counted consistent with federal law.”
The court issued a preliminary ruling yesterday in favor of the United States’ motion for summary judgment, which asserts that two provisions of S.B. 1 violate Section 101 of the Civil Rights Act by requiring rejection of mail ballots and mail ballot request forms because of paperwork errors that are not material to establishing a voter’s eligibility to cast a ballot. The first provision requires that early voting clerks “shall reject” mail ballot applications that do not include a Texas driver’s license or ID number that identifies “the same voter identified on the applicant’s application for voter registration.” The second provision provides that a mail ballot “may be accepted only if” the ID numbers on the carrier envelope or signature sheet identifies “the same voter identified on the applicant’s application for voter registration.”
Section 5.07 requires that early voting clerks “shall reject” mail ballot applications that do not include a Department of Public Safety (DPS) number or the last four digits of a Social Security Number (SSN) that identifies “the same voter identified on the applicant’s application for voter registration.” Section 5.13 provides that a mail ballot “may be accepted only if” the DPS number or last four digits of an SSN on the carrier envelope or signature sheet identifies “the same voter identified on the applicant’s application for voter registration.”
The United States presented evidence to the court that S.B. 1 has resulted in Texas election officials rejecting tens of thousands of mail ballot applications and mail ballots cast in elections since the bill was enacted in 2021. The Department asserts that these rejections violate federal law, denying Texas voters the statutory right to vote protected by Section 101.
Yesterday’s preliminary ruling from the court grants the Justice Department’s motion for summary judgment, which the Department filed in May 2023, in its entirety. The decision addresses the Justice Department’s sole pending claim in La Unión del Pueblo Entero v. Abbott, No. 5:21-cv-844 (WDTX), a case in which the United States and several private parties are challenging various aspects of S.B. 1. The court noted that the ruling will be followed in the coming weeks by a final written opinion and order. A group of private plaintiffs will be going to trial on the remaining claims in the case, which have not yet been resolved. That trial is scheduled to begin on Sept. 11.
Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at www.civilrights.justice.gov or by calling (800) 253-3931.
Additional information about the Civil Rights Division’s work to uphold and protect the voting rights of all Americans is available on the Justice Department’s website at www.justice.gov/crt/voting-section.
Vice President of Asphalt Paving Company Pleads Guilty to Bid RiggingRead the Press Release
A senior executive of a Michigan asphalt paving company pleaded guilty today in the U.S. District Court in Detroit for his role in two separate conspiracies to rig bids for asphalt paving services contracts in the State of Michigan.
According to court documents filed in the case, Kevin Shell, Vice President of Estimating for Clarkston-based F. Allied Construction Company Inc., conspired with two unnamed asphalt paving companies and their employees to rig bids in each other’s favor. Shell participated in the two conspiracies from June 2013 through June 2019, and from July 2017 through May 2021, respectively. The two conspiracies operated in much the same way: the co-conspirators coordinated each other’s bid prices so that the agreed-upon losing company would submit intentionally non-competitive bids. These bids gave customers the false impression of competition when, in fact, the co-conspirators had already decided among themselves who would win the contracts.
“Asphalt paving is fundamental to our transportation infrastructure,” said Assistant Attorney General Jonathan Kanter of the Justice Department's Antitrust Division. “Our economic vitality depends on a fair and competitive bidding process to construct, and maintain, America’s infrastructure. The division will continue to work with our law enforcement partners to hold executives accountable for corrupting that process.”
“The U.S. Department of Transportation Office of Inspector General (DOT-OIG) is committed to ensuring that any activity related to bid rigging involving transportation projects in the State of Michigan, or elsewhere, is identified and investigated,” said Special Agent-in-Charge Andrea M. Kropf of DOT-OIG, Midwestern Region. “Along with our law enforcement and prosecutorial colleagues, we will continue to use every tool at our disposal to hold these offenders accountable for their crimes and restore equity to the bidding process.”
“The Department of Justice’s Antitrust Division, along with our other federal law enforcement partners, secured a victory with today’s guilty plea in our fight against bid-rigging and collusion,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service Office of Inspector General (USPS-OIG). “The USPS-OIG will vigorously investigate those who would engage in harmful anticompetitive practices, and we continue to ask for the public’s assistance in identifying and reporting those engaged in this type of activity.”
Shell pleaded guilty to two counts of violating Section One of the Sherman Act. The maximum penalty for individuals is 10 years in prison and a $1 million criminal fine. The maximum penalty for corporations is a $100 million criminal fine. The fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Today’s guilty plea results from an ongoing federal antitrust investigation into bid rigging and other anticompetitive conduct in the asphalt paving services industry being conducted by the Antitrust Division’s Chicago Office and the Offices of Inspectors General for the U.S. Department of Transportation and U.S. Postal Service.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
Trip Set Gang Member Sentenced for His Role in a Firearms ConspiracyRead the Press Release
Acting United States Attorney Susan Lehr announced that Duop Kek Yiel, a 29-year-old member of the Trip Set gang in Lincoln, Nebraska, was sentenced on August 16, 2023, by Senior United States District Judge John M. Gerrard to a term of 96 months’ imprisonment for his role in a conspiracy to possess firearms in furtherance of drug trafficking and for the specific act of possessing firearms in furtherance of drug trafficking. There is no parole in the federal system. After his release from prison, Yiel will begin an eight-year term of supervised release.
Yiel was charged with possessing firearms beginning on or about January 3, 2021 and continuing to on or about September 18, 2022 that were connected to shootings done with other gang members and with possessing stolen, prohibited weapons, such as a stolen AK-47 that was recovered from a vehicle involved in a shooting and had Yiel’s fingerprints on it. Among the conduct tying Yiel to the conspiracy were a traffic stop in 2021 in which he and four other Trip Set members were in the vehicle. Officers located a loaded handgun. Several days before the stop, Yiel posted a video of himself with the handgun. During the time of the conspiracy, he posted numerous other videos of himself possessing firearms and large quantities of marijuana. Further, chats were recovered discussing him selling marijuana.
This case was investigated by the Federal Bureau of Investigation.
Four Defendants Sentenced for their Roles in Advance Fee Fraud and Money Laundering SchemeRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that the following defendants were sentenced in the United States District Court of Guam for their involvement in an advance fee and money laundering scheme. Defendants and members of the conspiracy fraudulently obtained approximately $2,600,000 by inducing Guam-based victim-investors to first pay bogus fees and other expenses purportedly associated with a multimillion-dollar inheritance before they could collect any promised funds.
U.S. District Judge John C. Coughenour sentenced the following defendants for their respective roles in this criminal scheme:
Sally Cruz Roberto, age 56, from Santa Rita, Guam, was sentenced to 33 months imprisonment; three years supervised release; ordered to pay $1,030,990 in restitution, a $3,900 mandatory assessment fee, and a $1,030,990 forfeiture money judgment. She was sentenced on August 15, 2023, after a jury found her guilty of conspiracy to commit wire fraud and 38 counts of wire fraud. As part of the conspiracy, Roberto obtained $1,030,990 of victim funds and used her bank account to wire those funds to stateside bank accounts of other co-conspirators.
Monique Jones, age 49, from Dallas, Texas, was sentenced to 48 months imprisonment; three years supervised release; ordered to pay $578,130 in restitution, a $2,700 mandatory assessment fee, and a $1,111,280 forfeiture money judgment. She was sentenced on August 15, 2023, after a jury found her guilty of conspiracy to commit wire fraud, 25 counts of wire fraud, and conspiracy to launder monetary instruments.
Mekayda D. Jones, age 24, from Dallas, Texas, was sentenced to 36 months imprisonment; three years supervised release; ordered to pay $387,160 in restitution, a $1,600.00 mandatory assessment fee, and a $801,210 forfeiture money judgment. She was sentenced on August 15, 2023, after a jury found her guilty of conspiracy to commit wire fraud, 14 counts of wire fraud, and conspiracy to launder monetary instruments.
As part of the conspiracies, Monique and Mekayda Jones perpetuated the fraud by maintaining bank accounts in the names of shell corporations to receive, withdraw, and transfer victim funds to other co-conspirators in the United States and Nigeria. In exchange, they kept at least 10 percent of victim funds that flowed into bank accounts they controlled.
Okechukwu F. Iwuji, age 38, a Nigerian citizen, who previously resided in Orlando, Florida, was sentenced to 45 months imprisonment; three years supervised release; ordered to pay $475,710 in restitution, a $100 mandatory assessment fee, and a $475,710 forfeiture money judgment. He was sentenced on August 17, 2023, after previously pleading guilty to conspiracy to commit wire fraud. As part of the conspiracy, Iwuji obtained at least $475,710 of victim funds from Roberto and other co-conspirators and transferred some funds to third party-Nigerian bank accounts.
“This far-ranging conspiracy preyed on 60 victims, nearly all of whom live in Guam,” stated United States Attorney Anderson. “These scams are difficult to investigate and prosecute due to the interstate and transnational nature of the criminal activity. Our success in this matter is the result of a team effort across multiple jurisdictions, with outstanding leadership by prosecutor David. We will continue to pursue the collection of restitution for those harmed by the defendants’ conduct. The public must remain vigilant against this type of fraud.”
“This sentence should make the public aware that these types of advanced fee, associated with inheritance scams, will be investigated by the Federal Bureau of Investigation and prosecuted to the fullest extent of the law,” said FBI Special Agent in Charge Steven Merrill. “If it is too good to be true, it probably is. If you feel you have been scammed, please contact the FBI at (800) 225-5324 (CALL-FBI) or report it to tips.fbi.gov.”
The investigation was led by the FBI Guam Resident Agency with the assistance of FBI field offices in Dallas and Atlanta; Homeland Security Investigations in Orlando, Florida; the U.S. Secret Service in Dallas; and the Guam Police Department. This case was prosecuted by Marivic P. David, First Assistant United States Attorney and Criminal Chief in the Districts of Guam and the Northern Mariana Islands.
Two Pinterest Directors Resign from Nextdoor Board of Directors in Response to Justice Department’s Ongoing Enforcement Efforts Against Interlocking DirectoratesRead the Press Release
The Justice Department announced today that two directors of Pinterest Inc. (Pinterest) have resigned their positions on the Board of Directors of Nextdoor Holdings Inc. (Nextdoor) in response to the Antitrust Division’s ongoing enforcement efforts around Section 8 of the Clayton Act. The division's enforcement initiative has led to fifteen interlocking director resignations from eleven boards.
“We remain steadfast in our commitment to protect competition by preventing interlocking directorates that we believe violate Section 8 of the Clayton Act,” said Deputy Assistant Attorney General Andrew Forman of the Justice Department’s Antitrust Division. “Enforcement involving interlocking directorates will continue to be one of the top priorities of the Antitrust Division.”
Section 8, which Congress made a per se violation of the antitrust laws, prohibits directors and officers from serving simultaneously on the boards of competitors, subject to limited exceptions. In response to the division’s Section 8 enforcement efforts, two directors who served on the boards of both Nextdoor and Pinterest resigned from the board of Nextdoor effective Aug. 1, without the directors or either company admitting liability.
Nextdoor is a Delaware corporation headquartered in San Francisco. It is a large social network that connects users, businesses and other neighborhood stakeholders.
Pinterest is a Delaware corporation headquartered in San Francisco. It is a leading social network and image sharing service.
Anyone with information about potential interlocking directorates or any other potential violations of the antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or [email protected].