District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
California County Organized Health System and Three Health Care Providers Agree to Pay $68 Million for Alleged False Claims to California’s Medicaid ProgramRead the Press Release
Santa Barbara San Luis Obispo Regional Health Authority, dba CenCal Health (CenCal), a county organized health system (COHS) that contracts to arrange for the provision of health care services under California’s Medicaid program (Medi-Cal) in Santa Barbara County and San Luis Obispo County, California; Cottage Health System (Cottage), a not-for-profit hospital network operating in Santa Barbara County; Sansum Clinic (Sansum), a non-profit outpatient clinic operating in Santa Barbara County; and Community Health Centers of the Central Coast (CHC), a non-profit community health center operating in Santa Barbara and San Luis Obispo Counties, have agreed to pay a total of $68 million to resolve allegations that they violated the False Claims Act and the California False Claims Act by submitting or causing the submission of false claims to Medi-Cal related to Medicaid Adult Expansion under the Patient Protection and Affordable Care Act (ACA).
Pursuant to the ACA, beginning in January 2014, Medi-Cal was expanded to cover the previously uninsured “Adult Expansion” population – adults between the ages of 19 and 64 without dependent children with annual incomes up to 133% of the federal poverty level. The federal government fully funded the expansion coverage for the first three years of the program. Under contracts with California’s Department of Health Care Services (DHCS), if CenCal did not spend at least 85% of the funds it received for the Adult Expansion population on “allowed medical expenses,” CenCal was required to pay back to the state the difference between 85% and what it actually spent. California, in turn, was required to return that amount to the federal government.
The four settlements resolve allegations that CenCal, Cottage, Sansum, and CHC knowingly submitted or caused the submission of false claims to Medi-Cal for “Enhanced Services” that were purportedly provided to Adult Expansion Medi-Cal members: by Cottage between Jan. 1, 2014 and June 30, 2016; by Sansum and CHC between Jan. 1, 2015 and June 30, 2016; and by certain other healthcare providers between Jan. 1, 2014 and June 30, 2016. The United States and California alleged that the payments were not “allowed medical expenses” permissible under the contract between DHCS and CenCal; were pre-determined amounts that did not reflect the fair market value of any Enhanced Services provided; and/or the Enhanced Services were duplicative of services already required to be rendered. The United States and California further alleged that the payments were unlawful gifts of public funds in violation of the California Constitution.
As a result of the settlements, CenCal will pay $49.5 million, Cottage will pay $9 million, Sansum will pay $4.5 million, and CHC will pay $3.15 million to the United States. In addition, California will receive payments totaling $1.85 million.
“Medicaid expansion funds must be used for their intended purpose of providing health care services to low-income individuals,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “When health care systems and providers knowingly misuse Medicaid funds, they will be held accountable.”
“These historic settlements demonstrate our steadfast efforts to eradicate fraud involving Medicaid Adult Expansion,” said U.S. Attorney Martin Estrada for the Central District of California. “Health care systems and providers are on notice that the False Claims Act provides us with a powerful tool to ensure that taxpayer-funded health care programs are used for patient care, and not for furtive financial gain.”
“Federal health care programs are an important resource for millions of Americans to receive medical care,” said Special Agent in Charge Timothy B. DeFrancesca of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to ensure that federal health care funds are used as intended and protected from fraud, waste, and abuse.”
“Medi-Cal is a lifeline that provides access to free or affordable healthcare services for millions of Californians and their families,” said California Attorney General Rob Bonta. “When any healthcare provider or agency defrauds the program, they break the public’s trust and put their own bottom line before the patients who count on them for honest, quality care and services. I am grateful to the USDOJ for its extensive efforts throughout the course of this investigation. The California Department of Justice and our law enforcement partners will continue to hold accountable those who defraud the Medi-Cal program, and protect those it serves.”
The civil settlements include the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Julio Bordas, CenCal’s former medical director. Under the act, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States and State of California ex rel. Bordas v. CenCal Health, Cottage Health System, Sansum Santa Barbara Clinic, Inc., Community Health Center of the Central Coast, et al. Mr. Bordas will receive approximately $12.56 million as his share of the federal recovery.
The United States previously settled similar allegations against Dignity Health and Twin Cities Community Hospital and Sierra Vista Regional Medical Center, two subsidiaries of Tenet Healthcare Corporation, relating to payments they received from CenCal under the Adult Expansion program.
The partial resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the Central District of California, and the California Department of Justice, with assistance from HHS-OIG and DHCS.
The investigation of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the HHS at 800-HHS-TIPS (800-447-8477).
Trial Attorneys Mary Beth Hickcox-Howard and Tiffany L. Ho of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Jack D. Ross for the Central District of California handled this case.
The claims resolved by the settlements are allegations only and there has been no determination of liability.
Cottage Settlement Sansum Settlement CHC Settlement CenCal SettlementAttorney General Merrick B. Garland Statement on Supreme Court’s Ruling in Students for Fair Admissions Inc. (SFFA) v. President and Fellows of Harvard College and SFFA v. University of North CarolinaRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland in response to the Supreme Court’s decision in two cases — Students for Fair Admissions Inc. (SFFA) v. President and Fellows of Harvard College and SFFA v. University of North Carolina:
“The Supreme Court’s decision undercuts efforts by universities across the country to create a diverse group of graduates prepared to lead in an increasingly diverse nation. It will significantly set back efforts to advance educational opportunity for all Americans. And it upends nearly 50 years of precedent.
“The Department of Justice remains committed to promoting student diversity in higher education using all available legal tools. In the coming weeks, we will work with the Department of Education to provide resources to college and universities on what admissions practices and programs remain lawful following the Court’s decision.”
Permanent Injunction Imposed on Online Education Platform Company Edmodo, LLC for Alleged Violations of Children’s Privacy LawRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), today announced that Edmodo, LLC (Edmodo) has agreed to a permanent injunction and a $6 million civil penalty in connection with its online educational platform, as part of a settlement to resolve alleged violations of the Children’s Online Privacy Protection Act (COPPA), the Children’s Online Privacy Protection Rule (COPPA Rule), and the Federal Trade Commission Act. The civil penalty is suspended due to Edmodo’s inability to pay.
The Edmodo educational platform, sold to schools throughout the United States, enabled teachers to interface with students, including children under 13 years old, to host virtual class spaces, conduct discussions, share materials, make assignments, and provide quizzes and grades, among other things. In a complaint filed in the U.S. District Court for the Northern District of California, the government alleges that, until approximately September 2022, Edmodo collected the personal information of children under 13, including their names, email addresses, phone numbers, device information, and IP addresses. Edmodo allegedly collected such information without providing notice to the children’s parents or obtaining parental authorization to collect such personal information, as required by the COPPA Rule, and used this personal information to enable third-parties to display targeted advertising to student users between 2018 and September 2022.
The complaint further asserts that Edmodo was retaining this personal information indefinitely. As of March 2020, Edmodo retained the personal information associated with approximately 36 million student accounts, of which only one million were actively using the platform. This indefinite retention violated COPPA’s requirement that an operator not retain personal information of children for longer than “reasonably necessary to fulfill the purpose for which [the information] was collected.”
The stipulated order, entered by the federal district court yesterday, enjoins Edmodo from collecting personal information from children in a manner that violates the COPPA Rule and prohibits Edmodo from retaining children’s personal information for longer than reasonably necessary to fulfill the purpose for which it was collected. The order also enjoins Edmodo from collecting more personal information than reasonably necessary for a child to participate in any activity offered on its service. It also requires Edmodo to destroy personal information improperly collected from children under age 13 and to comply with reporting, monitoring, and recordkeeping requirements. Edmodo is also subject to a civil penalty judgment of $6 million dollars, which is suspended due to Edmodo’s inability to pay.
“The Justice Department takes seriously its mission to protect the online privacy rights of children and their parents. This order spells out clearly to all online providers that it is unacceptable to collect children’s personal information without their parents’ consent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department is committed to protecting against unauthorized online collection and retention of information, especially from children.”
“This order makes clear that ed tech providers cannot outsource compliance responsibilities to schools, or force students to choose between their privacy and education,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Other ed tech providers should carefully examine their practices to ensure they’re not compromising students’ privacy.”
“Children do not lose their privacy protections when they use the internet,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Congress and the FTC have established rules to govern websites and apps collecting and storing the personal information of children. The settlement being announced today demonstrates the Department of Justice’s resolve to enforce those rules. We will continue to work with our partners at the FTC to safeguard children’s online privacy.”
This matter was handled by Senior Trial Attorney James T. Nelson and Assistant Director Lisa Hsiao of the Civil Division’s Consumer Protection Branch, Assistant U.S. Attorney Vivian Wang for the Northern District of California, and Gorana Neskovic and Peder Magee of the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov.
Justice Department Launches Missing or Murdered Indigenous Persons Regional Outreach ProgramRead the Press Release
The Justice Department today announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people.
“This new program mobilizes the Justice Department’s resources to combat the crisis of Missing or Murdered Indigenous Persons, which has shattered the lives of victims, their families, and entire Tribal communities,” said Attorney General Merrick B. Garland. “The Justice Department will continue to accelerate our efforts, in partnership with Tribes, to keep their communities safe and pursue justice for American Indian and Alaska Native families.”
“These new positions represent the Justice Department’s continuing commitment to addressing the MMIP crisis with urgency and all of the tools at our disposal,” said Deputy Attorney General Lisa O. Monaco. “MMIP prosecutors and coordinators will work with partners across jurisdictions and alongside the Tribal communities who have been most devastated by this epidemic.”
The MMIP regional program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorneys’ offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons issued in July 2022.
The program will dedicate five MMIP Assistant U.S. Attorneys and five MMIP coordinators to provide specialized support to United States Attorneys’ offices to address and combat the issues of MMIP. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, and promoting communication, coordination, and collaboration among federal, Tribal, local, and state law enforcement and non-governmental partners on MMIP issues. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions, and MMIP personnel will be located within host United States Attorneys’ offices in the Districts of Alaska, Arizona, Eastern Washington, Minnesota, New Mexico, Northern Oklahoma, Oregon, South Dakota, and Western Michigan. Programmatic support will be provided by the MMIP Regional Outreach Program Coordinator at the Executive Office for United States Attorneys (EOUSA).
“The Executive Office for United States Attorneys and the United States Attorney community are committed to preventing and responding to cases of missing or murdered Indigenous people. To that end, we will work together with all relevant federal, Tribal, state, and local law enforcement partners to locate missing persons and solve crimes where they have occurred,” said EOUSA Director Monty Wilkinson. “This new program will allow the Department to build upon the work done by individual United States Attorneys’ offices and ensure continued support to those offices by coordinating outreach regionally on MMIP matters.”
More broadly, this MMIP Program will complement the work of the Justice Department’s National Native American Outreach Services Liaison, who is helping amplify the voice of crime victims in Indian country and their families as they navigate the federal criminal justice system. Further, the MMIP Program will liaise with and enhance the work of the Department’s Tribal Liaisons and Indian Country Assistant United States Attorneys throughout Indian Country, the Native American Issues Coordinator, and the National Indian Country Training Initiative Coordinator to ensure a comprehensive response to MMIP.
Former Chicago-Area Return Preparer Pleads Guilty to Filing False Tax ReturnsRead the Press Release
A former Chicago-area woman pleaded guilty today to preparing and filing false income tax returns on behalf of her clients.
According to court documents and statements made in court, from January 2014 through about April 2019, Erica Early, a tax preparer formerly of Robins and Richton Park, Illinois, operated a tax preparation business for clients located in Illinois, Wisconsin, and Indiana. She often charged $1,000 to prepare basic tax returns. On returns she prepared, Early falsely inflated clients’ income to maximize the Earned Income Tax Credit and falsely claimed education-related credits. Early, who was a U.S. Postal Service employee during some of the time she was engaged in preparing the false returns, also falsified her own personal tax returns, claiming education credits she knew she was not eligible to receive. In total, Early’s conduct resulted in tax loss to the IRS of approximately $515,990.
Early is scheduled to be sentenced on Oct. 4, 2023, and faces a maximum sentence of three years in prison. She also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Assistant Chief Matthew J. Kluge and Trial Attorney Boris Bourget of the Tax Division are prosecuting the case.
Readout of Assistant Attorney General Kristen Clarke’s Trip to South CarolinaRead the Press Release
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division traveled to Columbia and Charleston, South Carolina on June 23 and June 24 to continue the division’s tour to engage with stakeholders in underserved communities and reaffirm the department’s commitment to protecting the civil rights of all Americans.
On Thursday, Assistant Attorney General Clarke and U.S. Attorney Adair Ford Boroughs for the District of South Carolina visited Turn 90, a non-profit organization in Columbia that is dedicated to assisting individuals who have been recently released from incarceration by providing life skills and job training to participants, including paid work in the organization’s screen-printing shop. They also toured the facility and spoke to program participants, who explained that Turn 90 provided a family-like atmosphere and described the programming as essential for preventing recidivism upon release from custody.
In the afternoon, she met with the staff of the U.S. Attorney’s Office for the District of South Carolina and thanked the office’s leadership and staff for their service and continued commitment to protecting the civil rights of all Americans.
Assistant Attorney General Clarke and U.S. Attorney Boroughs participated in a community conversation at Bible Way Church of Atlas Road in Columbia with over 40 community leaders and residents from across the state. During the meeting, community members raised concerns about local civil rights issues including education, disability rights, conditions of jails and prisons, and hate crimes and hate incidents.
In the evening, Assistant Attorney General Clarke spoke at the 2023 Emanuel Nine Humanitarian Awards program hosted by Mother Emanuel A.M.E. Church in Charleston to honor the nine individuals who tragically lost their lives on June 17, 2015 to white supremacist violence. During the event, nine honorees from the greater Charleston community were awarded for their work to embody the values of the Emanual Nine. Read her full remarks here.
On Friday, Assistant Attorney General Clarke attended the opening ceremony for the International African American Museum, which is dedicated to telling the story of the significant role that Charleston played in the international slave trade. According to some estimates, over 80 percent of all Black people in the United States can trace their lineage to slave ships that docked in Charleston. The museum’s exhibits document this history and highlights the contributions that these enslaved people and their ancestors provided to the United States. Federal, state, and local officials gave remarks during the ceremony, which also featured a number of musical and other artistic performances.
Assistant Attorney General Clarke concluded her visit to South Carolina with a tour by U.S. District Court Judge Richard Gergel of the “Four Corners of Justice,” a historic intersection in Charleston that is the site of several state and federal buildings, including the courtroom where Justice Thurgood Marshall argued Briggs v. Elliot. Briggs was one of the four cases consolidated with Brown v. Board of Education. While the plaintiff lost the Briggs case, the dissent from Judge Julius Waties Waring, after whom the federal courthouse is now named, influenced the Supreme Court’s ultimate holding striking down the “separate but equal” doctrine.
Pharmacist Convicted of Stealing and Selling COVID-19 CardsRead the Press Release
A federal jury in Chicago convicted an Illinois pharmacist on Friday for stealing and selling COVID-19 vaccination cards.
According to court documents and evidence presented at trial, pharmacist Tangtang Zhao, 36, of Chicago, stole CDC-issued COVID-19 vaccination cards from the pharmacy where he worked, and sold them to buyers across the country through an online marketplace. Zhao and other pharmacists administered COVID-19 vaccinations to the public, and therefore Zhao had access to vaccination cards at the pharmacy. During a three-week timeframe in March and April 2021, Zhao posted listings for over 650 COVID-19 vaccination cards that he advertised as “authentic” and “straight from the CDC.” In total, he sold 630 cards to approximately 200 unique buyers, who paid Zhao more than $5,600.
The jury convicted Zhao of 12 counts of theft of government property. He is scheduled to be sentenced on Nov. 28 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of the Inspector General (HHS-OIG) made the announcement.
The FBI and HHS-OIG investigated the case.
Trial Attorneys Claire Sobczak and Victor Yanz of the Criminal Division’s Fraud Section are prosecuting the case. Assistant Chief Leslie S. Garthwaite investigated the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Chesapeake Man Pleads Guilty to Sex TraffickingRead the Press Release
NORFOLK, Va. – A Chesapeake man pleaded guilty today to sex trafficking a minor.
According to court documents, in September 2022, Denzel Akeem Loftin, 32, began chatting with an undercover law enforcement officer posing as a 17-year-old girl living in Pennsylvania. Loftin said he was a pimp and proposed that the girl come to Virginia to work for him. The next month, he posted advertisements for her on online sex trafficking sites. Then, in October 2022, the FBI learned of a 14-year-old missing child from Colorado who had been located in sex trafficking advertisements in the Hampton Roads area. Law enforcement set up a “date” for commercial sex with the 14-year-old and another juvenile. Loftin was observed with the girl and two other female individuals immediately before the appointment. One of the other individuals was identified as a missing 17-year-old from Missouri. A review of seized electronic devices revealed that Loftin not only sex-trafficked the minor but himself engaged in a sex act with the 17-year-old.
Loftin is scheduled to be sentenced on November 2, 2023. He faces a mandatory minimum penalty of 10 years in prison and maximum penalty of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea.
Assistant U.S. Attorney E. Rebecca Gantt is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the 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.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:23-cr-44.
CEO of Education Company Sentenced for Causing Nearly $105M in Losses to Department of Veterans AffairsRead the Press Release
An Idaho man was sentenced today to five years in prison for his role in defrauding the Department of Veterans Affairs (VA) Post-9/11 GI Bill education benefit program, in the department’s largest Post-9/11 GI Bill fraud case.
According to court documents, Michael Bostock, 54, of Nampa, was the founder and CEO of California Technical Academy (CTA), a VA-approved school that offered technical training programs at three locations near Los Angeles and San Diego. From January 2012 through June 2022, Bostock and his co-conspirators made false and fraudulent representations to the VA regarding, among other things, veterans’ enrollment in approved courses of study, class attendance, and grades. Bostock and his co-conspirators also falsified course completion records to make it appear as if enrolled veterans completed their programs, when in fact, they had not. In order to conceal their scheme, Bostock and his co-conspirators falsified veterans’ contact information by substituting phone numbers that Bostock and his co-conspirators controlled to ensure that regulators could not contact the veterans. When regulators called the falsified phone numbers to obtain information about the school, Bostock and his co-conspirators impersonated students.
During the fraud scheme, the school received more than $32 million in tuition payments for approximately 1,793 veteran enrollees. During the same period, veterans enrolled in CTA’s VA-approved courses received over $72 million in education-related government benefits. In total, Bostock’s and his co-conspirators’ scheme to defraud the VA resulted in a total loss of nearly $105 million in government funds.
Co-defendants Eric Bostock and Philip Abod are scheduled to be sentenced on Oct. 19 for their roles in the scheme. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and VA Inspector General Michael J. Missal made the announcement.
The VA Office of Inspector General investigated the case, with assistance from the Veterans Benefits Administration-Education Service.
Trial Attorneys Lauren Archer and Christina McGill of the Criminal Division’s Fraud Section prosecuted the case.
Resumen Del Viaje A Colombia Del Fiscal General Adjunto Kenneth A. Polite, Jr.Read the Press Release
Del 20 al 23 de junio, el fiscal general adjunto (AAG por sus siglas en inglés) Kenneth A. Polite, Jr., de la División Penal del Departamento de Justicia, viajó a Bogotá, Colombia, para reunirse con sus homólogos colombianos, socios encargados de hacer cumplir la ley, y personal de la División Penal asignado a la Embajada de Estados Unidos en Bogotá para discutir los esfuerzos de aplicación de la ley entre nuestros dos países y avanzar en la relación bilateral con Colombia.
El miércoles, el AAG Polite se reunió con los nueve magistrados de la Sala Penal de la Corte Suprema de Justicia de Colombia. También se reunió con los principales colaboradores de las fuerzas del orden estadounidense que trabajan en Colombia, con el personal de la División de Asuntos Penales destinado en la Embajada de Estados Unidos en Bogotá, y con miembros de la Policía Nacional y de la Fiscalía General de Colombia que prestan apoyo a las investigaciones bilaterales para combatir a las organizaciones delictivas transnacionales. El AAG Polite agradeció a las fuerzas del orden estadounidense y colombianas su estrecha colaboración y su excelente asociación, así como su compromiso para mejorar la seguridad de la región.
AAG Polite con los magistrados de la Sala Penal de la Corte Suprema de Justicia de Colombia.
El jueves, el AAG Polite se reunió con el fiscal general de Colombia, Francisco Barbosa, el ministro de justicia de Colombia, Néstor Iván Osuna Patiño, y el director general de la Policía Nacional de Colombia, William René Salamanca, para hablar de las prioridades comunes en materia de aplicación de la ley, como la desarticulación de organizaciones delictivas transnacionales, la interrupción del flujo de narcóticos ilegales y de la violencia que se le atribuye, la lucha contra el blanqueo de capitales y la incautación y el decomiso de bienes adquiridos con el producto de conductas ilegales. En las reuniones, el AAG Polite se mostró interesado en seguir apoyando la estrecha colaboración entre Estados Unidos y Colombia en materia de justicia bilateral, así como en la forma en que Estados Unidos puede seguir apoyando los esfuerzos de Colombia para mejorar la justicia y la seguridad rurales.
El fiscal de Colombia, Francisco Barbosa y AAG Polite.
El ministro de justicia de Colombia, Néstor Iván Osuna Patiño y AAG Polite.
El director general de la Policía Nacional de Colombia William René Salamanca y AAG Polite.
“Nuestra relación con Colombia en materia de aplicación de la ley es un modelo para la region,” declaró el AAG Polite. “Agradecemos a Colombia sus muchos años de colaboración con el Departamento de Justicia y con las fuerzas del orden estadounidense en materia de justicia. Nos comprometemos a seguir colaborando estrechamente para combatir la delincuencia organizada transnacional, detener el flujo de estupefacientes hacia Estados Unidos e interrumpir el flujo de financiación ilícita.”
Durante la visita, AAG Polite también visitó una Casa de Justicia, que forma parte de un importante programa de acceso a la justicia que tiene por objetivo ofrecer una amplia gama de servicios judiciales a los ciudadanos colombianos. AAG Polite habló sobre la importancia de las iniciativas de acceso a la justicia y de cómo Colombia y Estados Unidos pueden aprender el uno del otro en esta materia.
AAG Polite visita una Casa de Justicia.
AAG Polite sigue comprometido con la continua cooperación entre los Estados Unidos y Colombia y nuestros homólogos judiciales y policiales en la región.
AAG Polite a Plaza de Bolívar.
Readout of Assistant Attorney General Kenneth A. Polite, Jr.’s Trip to ColombiaRead the Press Release
From June 20 to 23, Assistant Attorney General (AAG) Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division traveled to Bogotá, Colombia, to meet with Colombian counterparts, law enforcement partners, and Criminal Division personnel assigned to U.S. Embassy Bogotá to discuss law enforcement efforts between the two countries and advance the bilateral relationship with Colombia.
On Wednesday, AAG Polite met with the magistrates of the Criminal Chamber of the Colombian Supreme Court. He also met with key U.S. law enforcement partners working in Colombia, Criminal Division personnel assigned to the U.S. Embassy Bogotá, and members of the Colombian National Police and Colombian Attorney General’s Office who provide support to bilateral investigations to combat transnational organized crime groups. AAG Polite thanked U.S. and Colombian law enforcement for their close collaboration and outstanding partnership and for their commitment to improving the security of the region.
AAG Polite with the Magistrates of the Criminal Chamber of the Colombian Supreme Court.
On Thursday, AAG Polite met with Colombian Attorney General Francisco Barbosa, Colombian Minister of Justice Néstor Iván Osuna Patiño, and Colombian National Police Director General William René Salamanca to discuss shared law enforcement priorities, including dismantling transnational criminal organizations, disrupting the flow of illegal narcotics and the violence attributed to it, combatting money laundering, and seizing and forfeiting assets purchased with proceeds of illegal conduct. In his meetings, AAG Polite looked to bolster the close collaboration between the United States and Colombia on bilateral justice matters, and discussed how the United States can further support Colombia’s efforts to improve rural justice and security.
Colombian Attorney General Francisco Barbosa and AAG Polite.
Colombian Minister of Justice Néstor Iván Osuna Patiño and AAG Polite.
Colombian National Police Director General William René Salamanca and AAG Polite.
“Our law enforcement relationship with Colombia is a model for the region,” said AAG Polite. “We thank Colombia for their many years of partnership with the Department of Justice and U.S. law enforcement on justice matters. We are committed to continuing to work closely together to combat transnational organized crime, stop the flow of narcotics to the United States, and disrupt the flow of illicit financing.”
During the visit, AAG Polite also visited a Justice House, an important access-to-justice program that seeks to bring a wide range of justice services to Colombian citizens. AAG Polite spoke about the importance of access-to-justice initiatives and how Colombia and the United States can learn from one another on this matter.
AAG Polite’s visit to a Justice House.
AAG Polite remains committed to the continued cooperation between the United States and Colombia and our judicial and law enforcement counterparts in the region.
AAG Polite overlooking Plaza de Bolívar.
Nigerian National Sentenced to 82 Months in Prison for International Scheme That Defrauded Elderly U.S. VictimsRead the Press Release
A Nigerian national, who was previously extradited to the United States from the United Kingdom, was sentenced to 82 months in prison on June 21, 2023 for his role in a transnational inheritance fraud scheme.
According to court documents, Emmanuel Samuel, 39, 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 multimillion-dollar inheritance left for the recipient by a family member who had died years before in Portugal. Victims were told that before they could receive their purported inheritance, they were required to send money for delivery fees, taxes, and payments to avoid questioning from government authorities. Victims sent money to the defendants through a complex web of U.S.-based former victims. The defendants convinced these former victims to receive money from new victims and then forward the fraud proceeds to others.
“The Department of Justice’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. “Working together, U.S. and foreign law enforcement can and will thwart schemes such as the one charged in this case and prevent further loss to American victims.”
“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 Postal Inspector in Charge Juan A. Vargas of the USPIS Miami Division. “This result is a testament to the dedicated partnership between the Department of Justice’s Consumer Protection Branch, Homeland Security Investigations (HSI), and the USPIS, to protect our citizens from these scams.”
“In my law enforcement career, I’ve investigated and arrested countless criminals involved in abhorrent activity but nothing measures to supporting HSI agents as they dismantle organizations in foreign countries whose sole purpose is targeting unsuspecting elderly victims to steal their money,” said Special Agent in Charge Scott Brown of HSI Arizona. “I thank every agent that worked tirelessly to ensure these criminals are brought to justice for their actions – families are forever impacted all because of these felons' actions as they targeted the elderly causing pain and financial ruin.”
U.S. District Judge Kathleen M. Williams sentenced Samuel on June 21, 2023 in Miami. She also ordered Samuel to make restitution payments to victims of his offenses.
Two additional co-defendants, Jonathan Abraham and Jerry Ozor, previously were convicted in the case. They are scheduled to be sentenced by Judge Williams in the coming months.
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 U.S. Department of Justice 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 Department of Justice provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at https://www.ovc.gov.
Mobile Health Application Developer Ordered to Modify Business Practices to Protect the Privacy of Consumers’ Personal Information and to Pay $100,000 in Civil PenaltiesRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), today announced that the government has obtained substantial injunctive relief protecting consumer privacy against Easy Healthcare Corporation (Easy Healthcare), an Illinois corporation located in Burr Ridge, Illinois, pursuant to a stipulated order entered by a federal court today. The department also will collect $100,000 in civil penalties from the defendants, an amount based upon the defendant’s ability to pay.
In a complaint filed in the U.S. District Court for the Northern District of Illinois, the United States alleged that Easy Healthcare violated Section 5 of the FTC Act, 15 U.S.C. § 45, and the Health Breach Notification Rule (HBNR), 16 C.F.R. § 318, in connection with its ovulation and period tracking mobile application. The complaint alleges that Easy Healthcare engaged in deceptive and unfair acts by: (1) sharing persistent identifiers of consumers (unique markers that allow the identification of consumers’ online activity or mobile devices) without user notice or consent and sharing sensitive personal health information with certain third-party companies in violation of its privacy promises; (2) failing to disclose to users how those third-parties could use such personal information, including for third-party advertising; and (3) failing to take reasonable measures to assess and address the privacy and data security risks created by incorporating third-party software into its application. The complaint also alleges that Easy Healthcare violated the HBNR through its ongoing failure to notify its users, the FTC, and the media of the unauthorized disclosures of user information.
The order entered by the court today requires Easy Healthcare to implement a comprehensive privacy and data security program with safeguards to protect consumer data. The order also requires Easy Healthcare to hire an independent third-party to regularly assess its compliance with the privacy program for a period of 20 years. Easy Healthcare also is enjoined from sharing health information with third-parties for advertising purposes, from sharing health information with third-parties for other purposes without obtaining users’ affirmative express consent, and from making misrepresentations about Easy Healthcare’s privacy practices. In addition, Easy Healthcare is required to comply with the HBNR’s notification provisions in any future breach of Security.
“The Department of Justice will not hesitate to pursue and hold accountable companies that fail to protect consumers’ privacy by sharing consumers’ private medical and other personal information and failing to notify consumers when such information has been made available to third-parties,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to protecting the public from companies that do not safeguard the privacy of consumers’ medical and other personal data as required by law.”
“Premom broke its promises and compromised consumers’ privacy,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “We will vigorously enforce the Health Breach Notification Rule to defend consumer's health data from exploitation. Companies collecting this information should be aware that the FTC will not tolerate health privacy abuses.”
This matter is being handled by Rachel Baron and Claude Scott of the Civil Division’s Consumer Protection Branch and David Walko and Ronnie Solomon of the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov.
Justice Department Secures Agreement with San Juan, Puerto Rico, to Improve Public Sidewalk Accessibility for People with DisabilitiesRead the Press Release
The Justice Department today filed a proposed stipulated order that will require the Municipality of San Juan, Puerto Rico, to take critical steps towards making its public sidewalk system accessible to individuals with disabilities. The proposed order was filed jointly with the municipality and private plaintiffs and pauses the department’s lawsuit against the municipality while requiring it to conduct a comprehensive assessment of sidewalk accessibility and to begin fixing accessibility barriers. The lawsuit alleges that San Juan has violated the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) by failing to provide people with disabilities equal access to the municipality’s sidewalks, curb ramps, crosswalks and other pedestrian facilities.
“City sidewalks must be accessible so that people with disabilities can equally participate in community life and enjoy the many benefits that come from being able to safely navigate city streets and sidewalks,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This stipulated order puts San Juan on the path to making its public sidewalks accessible and we will continue working with San Juan to ensure it follows that path to its conclusion and achieves full program access.”
“We are heartened by San Juan’s willingness to commit significant resources to start addressing the accessibility of its public sidewalk system,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “The municipality’s investment and ongoing efforts will benefit all of its citizens and will help ensure that people with disabilities who live in or visit San Juan can enjoy all that the city has to offer.”
Under the proposed order, which requires court approval, San Juan will hire an outside accessibility consultant to conduct a comprehensive assessment of the municipality’s public sidewalk system to identify barriers to people with mobility disabilities. San Juan will also create a process for individuals to report barriers and to request installation or repair of curb ramps or sidewalks. The information gathered through the assessment and barrier reporting process will provide the basis for the parties to negotiate a final resolution of the lawsuit.
In addition, San Juan will provide training on the ADA Accessibility Standards to municipal employees who supervise construction, repair, or maintenance work related to the public sidewalk system. San Juan will retain independent licensed architects and engineers to verify that any construction or alterations related to the public sidewalk system comply with the ADA Accessibility Standards. Whenever the municipality repaves or resurfaces roads, it will provide compliant curb ramps at any intersection with a sidewalk. San Juan will also post its ADA Notice, ADA Grievance Procedure, and ADA Coordinator contact information in an accessible format on the municipality’s website.
This matter is being handled by the Civil Rights Division’s Disability Rights Section and the U.S. Attorney’s Office for the District of Puerto.
The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Members of the public may report possible civil rights violations at civilrights.justice.gov/report.
Proposed Stipulated OrderMaryland Restaurant Owner Pleads Guilty to Employment and Other Tax CrimesRead the Press Release
A Maryland restaurant owner pleaded guilty today to willful failure to account for and pay over employment taxes and to filing a false personal tax return.
According to court documents and statements made in court, John H. Worthington of Owings Mills, Maryland, owned and operated The Grill at Harryman House restaurant since 1995. As part of managing the restaurant, Worthington issued Forms W-2 to his employees and withheld federal income and Social Security and Medicare (FICA) taxes from their wages. However, from 2010 through 2021, Worthington did not file with the IRS the required Employer’s Quarterly Federal Tax Returns (Forms 941) reporting these employment taxes and did not pay the withholdings over to the IRS. In total, Worthington did not report or pay approximately $2,813,348.94 in employment taxes due and owing to the IRS.
Instead of meeting his tax obligations, Worthington used funds from his business to pay other creditors and for a variety of personal expenses, including golf club membership dues, season tickets to the Baltimore Orioles, international vacations, and salaries for himself and his wife.
Additionally, Worthington filed a joint 2016 personal tax return (Form 1040) that falsely claimed $24,207 in federal income tax withholdings from his own wages from the restaurant, which he knew had not been paid to the IRS. This resulted in a $9,096 refund to which he was not entitled. Had Worthington accurately reported $0 in withholdings for that year, he would have owed $15,111.
Worthington also failed to timely file his personal income taxes for 2017 through 2021, despite having received wages and compensation from the restaurant. He also failed to timely file corporate tax returns for 2016 through 2021, even though the corporation was active and generated gross receipts or sales of more than $15 million during that time frame.
Worthington faces a maximum penalty of five years in prison for willfully failing to account for and pay over the employment taxes and three years in prison for filing a false tax return. He also faces a period of supervised release, monetary penalties, and restitution. Judge Julie R. Rubin will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Erek L. Barron for the District of Maryland made the announcement.
IRS-Criminal Investigation is investigating the case.
Assistant Chief Jorge Almonte and Trial Attorney Matthew L. Cofer of the Tax Division, and Assistant U.S. Attorney Sean R. Delaney of the District of Maryland are prosecuting the case.
Justice Department Releases New Tool to Manage Substance Withdrawals in JailsRead the Press Release
The Justice Department’s Bureau of Justice Assistance (BJA), one of six program offices within the Office of Justice Programs (OJP), and the National Institute of Corrections (NIC) today announced the release of Guidelines for Managing Substance Withdrawal in Jails: A Tool for Local Government Officials, Jail Administrators, Correctional Officers and Health Care Professionals. This groundbreaking document supports the department’s commitment to increasing access to evidence-based treatment for individuals with substance use disorders (SUD) and those at risk for overdose, including individuals who are incarcerated or reentering their communities.
“These guidelines are a critical and much needed resource to support local government officials, jail administrators, correctional officers and health care professionals faced with the difficult task of managing substance withdrawal in jail settings,” said Associate Attorney General Vanita Gupta. “Providing this new, evidence-based tool and treatment guidance, developed by a committee of clinical and correctional experts, will better safeguard the health and well-being of individuals at risk for or experiencing substance withdrawal in jails.”
The high prevalence of SUD among individuals in jail is well-known, both empirically and anecdotally. The number of those in jail who died from drug or alcohol intoxication increased nearly 400% from 2000 to 2019. Less often recognized, but also potentially fatal, is the risk of substance withdrawal complications, such as profound dehydration and aspiration pneumonia due to severe vomiting.
“Jails face a unique and serious challenge managing substance use withdrawal among individuals in their custody, resulting in increased risk of in-custody deaths,” said OJP Assistant Attorney General Amy L. Solomon. “These guidelines, developed by a committee of experts representing correctional and medical professionals, offer concrete and evidence-based guidance to help jail administrators protect the health and rights of people in their care.”
“For many, incarceration is the first opportunity for substance use disorder diagnosis and treatment. Guidelines for Managing Substance Withdrawal in Jails can help jails of all sizes safely manage or prevent withdrawal, which may very well be the first step toward a person’s recovery from a substance use disorder and help avoid a return to incarceration,” said BJA Director Karhlton F. Moore.
“These guidelines are an important tool for corrections and health care staff who often face life-saving situations in their daily work life,” said NIC Acting Director Dr. Alix McLearen. “As a clinician myself, I know the value of services grounded in evidence, and I am thrilled these guidelines are now available to help providers safeguard the well-being of individuals in custody.”
An expert committee of clinicians and jail administrators compiled recommendations, grounded in evidence-based practice, for systematically identifying individuals who are at risk for withdrawal and determining the appropriate level of monitoring and medical care.
“As a member of the expert committee, I can attest to the rigor of the process for developing the guidelines,” said Chief Medical Advisor Dr. Marc Stern of the National Sheriffs’ Association and the American Jail Association. “We recognized, from our collective years of experience, that implementing withdrawal management cannot be a solo effort by jails. Successful implementation of the guidelines requires community involvement, such as establishing partnerships with hospitals and opioid treatment providers.”
BJA and NIC are offering technical assistance and training through Comprehensive Opioid, Stimulant and Substance Abuse Program website to support efforts to implement the guidelines. This webpage serves as a central hub to find relevant resources, submit questions and request TTA tailored to meet individual needs.
Florida Man Indicted for Federal Sex Trafficking OffensesRead the Press Release
A federal grand jury in Fort Pierce, Florida, returned an indictment charging a Florida man with 10 counts of sex trafficking.
According to court documents, between 2011 and 2019, Shannima Yuantrell Session, aka Shalamar, 46, of Lake Placid, trafficked seven women and three girls. Session allegedly recruited his victims through violence and threats, among other things; including offers of drugs, employment and romantic relationships. Once Session had gained compliance from his victims, he then trafficked them for sex primarily in rural areas of Highlands County for his own profit.
If convicted, Session faces a mandatory minimum sentence of 15 years in prison, with a maximum sentence of life imprisonment, as well as a maximum of lifetime supervised release. Session is being held in custody pending trial. A federal district judge will determine any sentence after considering U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office and Sheriff Paul Blackman of Highlands County Sheriff’s Office made the announcement.
The FBI Miami Field Office investigated this case, with assistance from the Highlands County Sheriff’s Office.
Assistant U.S. Attorney Justin Hoover for the Southern District of Florida and Trial Attorneys Leah Branch and Elizabeth Hutson of the Civil Rights Division’s Human Trarfficking Prosecution Unit are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
FACT SHEET: Justice Department Efforts to Protect Reproductive Rights, Health and JusticeRead the Press Release
In the year since the Supreme Court’s decision to overturn Roe v. Wade, the Justice Department has worked with commitment and urgency to defend the reproductive freedoms that are protected by federal law. In response to the Court’s decision in Dobbs v. Jackson Women’s Health Organization, the department established the Reproductive Rights Task Force, which formalized the department’s ongoing work to protect reproductive freedoms under federal law.
Led by Associate Attorney General Vanita Gupta, the Task Force consists of senior officials and dedicated staff from across a dozen department components who are working daily to address complex and widespread threats to reproductive health in the wake of Dobbs. The Associate Attorney General regularly convenes Task Force meetings, including a meeting on Friday, June 23, to reflect on the department’s work in the year since Dobbs and prepare for the challenges ahead.
Over the past year, the Task Force has also met with a broad array of stakeholder groups – ranging from state Attorneys General offices to foreign delegations to members of litigating and reproductive justice organizations – to discuss the fallout from Dobbs and gather information about on-the-ground developments.
The Task Force’s website contains resources for attorneys, state officials, patients and providers.
“The Dobbs decision was and is devastating for people and communities across this country,” said Associate Attorney General Vanita Gupta. “We established the Reproductive Rights Task Force to bring a whole-of-department approach to protecting access to reproductive health care. And we remain committed to utilizing every tool at our disposal to protect reproductive freedoms in the days ahead.”
Taking Action to Protect Federal Law and Reproductive Rights: The department continues to monitor state laws and enforcement actions that threaten to infringe on federal protections of reproductive rights. The department takes legal action where appropriate, including by filing affirmative suits or statements of interest and by intervening in private litigation. For instance, in August 2022, the department filed suit against the State of Idaho under the Emergency Medical Treatment and Labor Act (EMTALA), which mandates that every hospital that receives Medicare funds provide necessary stabilizing treatment – including abortion care, in certain instances — to a patient who arrives at an emergency room suffering from a medical condition that could place their life or health in serious jeopardy. The department successfully obtained a preliminary injunction blocking the enforcement of Idaho’s total ban on abortion as applied to medical care required by EMTALA.
Attorney General Merrick B. Garland has made clear that the department will defend bedrock constitutional protections of women who reside in states that have blocked access to comprehensive reproductive care: Women must remain free to travel to states in which that care is lawful and, under the First Amendment, individuals must also remain free to inform and counsel each other about the reproductive care that is available across state lines.
Protecting Access to Medication Abortion and Other Reproductive Care: The department is vigorously defending the Food and Drug Administration (FDA) against multiple legal challenges concerning the abortion medication mifepristone. On April 21, the Supreme Court issued a stay in Alliance for Hippocratic Medicine v. FDA, which means that mifepristone – a safe and effective medication that FDA approved more than two decades ago – will remain available nationwide as that case continues to make its way through the courts. Among other challenges, the department is also defending the Centers for Medicare & Medicaid Services in litigation concerning guidance on the emergency care guaranteed by EMTALA, as well as the Department of Veterans Affairs (VA) in litigation concerning the VA’s interim final rule allowing access to reproductive health services at VA clinics.
Advising Federal Agencies and Employees: The department is advising federal agencies as they consider policies and actions to preserve access to reproductive services. For example, the Office of Legal Counsel has published opinions concluding that: the VA had authority to adopt an interim final rule allowing access to reproductive health services at VA clinics; the Department of Defense may lawfully provide funds to enable servicemembers and their dependents to travel out of state for abortion care; and the Department of Health and Humans Services can provide transportation to women seeking abortions without violating the Hyde Amendment. The Office of Legal Counsel also published an opinion advising the U.S. Postal Service that the federal Comstock Act does not generally prohibit the mailing of mifepristone.
In addition, the department has made clear that it will support and provide representation to any federal employees who are subject to legal actions for appropriately carrying out their duties under federal law.
FACE Act Enforcement: The Civil Rights Division continues its ongoing enforcement of the Freedom of Access to Clinic Entrances, or FACE, Act. The FACE Act prohibits anyone from obstructing access to reproductive health services – including abortion services, reproductive health services provided by pharmacies and pregnancy counseling services – through violence, threats of violence or property damage.
Since January 2021, the department has brought 18 cases involving a total of 48 defendants accused of criminal FACE Act-related violations. The department is also working to ensure that federal prosecutors across the country are equipped to bring FACE Act cases.
In addition, the department has brought civil actions to enjoin violations of the FACE Act, and our National Task Force on Violence Against Reproductive Health Care has prepared training for state Attorneys General offices, which can similarly bring civil actions under the FACE Act.
Legal Representation and Access to Justice: Pursuant to Executive Order 14076 on Protecting Access to Reproductive Healthcare Services, the department and the White House Counsel’s Office convened pro bono counsel, bar associations, law professors and public interest groups to identify gaps in legal representation and catalyze coordination and action. Coming out of that convening, pro bono counsel and non-profit groups stood up a clearinghouse to provide legal assistance, and the department has continued to meet with lawyers on the front lines to understand the needs and gaps in legal assistance for patients, providers and others.
Provision of Technical Assistance: The department is providing technical assistance to Congress in connection with draft legislation that would, for example, codify reproductive rights, protect the right to travel and ensure access to comprehensive reproductive services. And the department will provide technical assistance on federal constitutional protections to states that are seeking to afford patients and providers from out of state access to reproductive healthcare and abortion services.
Justice Department Secures Agreement with New Jersey County to Resolve Voting Rights Act LawsuitRead the Press Release
The Justice Department announced today that it has secured an agreement that provides for a comprehensive Spanish-language election program for voters in Union County, New Jersey. The consent decree was approved by a three-judge court in the U.S. District Court of New Jersey.
The proposed consent decree was filed in federal court in conjunction with a lawsuit brought by the Justice Department. The department’s lawsuit brings claims under Sections 203 and 208 of the Voting Rights Act regarding the availability of election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency. Section 203 requires that certain jurisdictions, including Union County, provide election materials and assistance in other languages, in addition to English. Section 208 provides a right for voters who need assistance with voting – due to inability to read or write, blindness or disability – to receive that assistance from the person of their choice, with certain limited exceptions.
Under the consent decree, the Union County Clerk and Board of Elections will provide all election-related information in both English and Spanish, including information displayed in polling places and online. The Union County Board of Elections will also ensure that in-person language assistance is available at all early voting sites and at each election district with at least 100 Spanish-surnamed registered voters. Spanish-language assistance will continue to be available to all voters by telephone during elections. In addition, the consent decree provides that any voter covered by Section 208 who needs assistance to vote may be assisted by the person of that voter’s choice, other than an agent of the voter’s employer or union, during any stage of the voting process. The consent decree also provides that federal observers may monitor election day activities in polling places in Union County.
“The Justice Department is committed to protecting the right to vote,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will ensure that Spanish-speaking residents of Union County can fully access the ballot box. The Civil Rights Division will continue to use every tool available to protect the rights of all voters seeking to participate in our democracy.”
“The right to vote is the bedrock of our democracy,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “We remain committed to ensuring that every eligible New Jersey voter can vote without language barriers. Now that a court order is in place, we look forward to working with Union County to accomplish this goal.”
Individuals may file voting rights complaints with the Civil Rights Division either online here, or may call (800) 253-3931. Individuals may also contact the U.S. Attorney’s Office for the District of New Jersey either online here or may call (855) 281-3339.
More information about the Voting Rights Act and other federal voting rights laws are available on the Justice Department’s website at www.justice.gov/crt/voting-section.
Georgia Bar and Restaurant Owner Sentenced to Prison for Tax EvasionRead the Press Release
A Georgia man was sentenced today to 24 months in prison for evading taxes in connection with his ownership of multiple bars and a restaurant in Georgia, as well as beer sales at a music festival.
According to court documents and statements made in court, for the past two decades, Eugene R. Britt III, also known as Trey Britt, of Milledgeville, Georgia, engaged in a scheme to evade taxes owed to the IRS on income from bars and a restaurant he and others co-owned. Britt and others concealed their ownership interest by causing each establishment to be nominally owned by a single person. Britt and the other true owners shared in the profits generated by the establishments by skimming cash and disbursing it amongst themselves without reporting the cash as income to the IRS. Additionally, Britt used a similar organizational structure in the sale of beer at a music festival in 2015 and did not report the cash he received from the businesses or the music festival on his personal income tax returns.
In addition to the term of imprisonment, U.S. District Judge J. Randal Hall of the Southern District of Georgia ordered Britt to serve three years of supervised release and to pay a $10,000 fine and $362,250 in restitution.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jill E. Steinberg for the Southern District of Georgia made the announcement.
IRS-Criminal Investigation and the FBI investigated the case.
Assistant Chief David Zisserson and Trial Attorney Casey S. Smith of the Tax Division and Assistant U.S. Attorney Tania Groover of the Southern District of Georgia prosecuted the case.
Former Bangor Resident Sentenced to 7+ Years for Role in Penobscot and Aroostook County Drug Trafficking ConspiracyRead the Press Release
BANGOR, Maine: A former Bangor resident was sentenced in U.S. District Court in Bangor for his role in a conspiracy to distribute methamphetamine and fentanyl in Penobscot and Aroostook counties.
U.S. District Judge Lance E. Walker sentenced Wayne Smith, 32, to 85 months in prison followed by three years of supervised release.
According to court records, between January 2018 and December 2021, Smith conspired with others to traffic methamphetamine and fentanyl in Penobscot and Aroostook counties. Miller knowingly and intentionally joined and participated in the conspiracy. His participation resulted in contacts with local law enforcement that resulted in the seizure of drugs, firearms, drug paraphernalia, and other items.
There are 21 defendants in this and related cases. Ten other defendants have pleaded guilty in this case, and four other participants in the conspiracy were sentenced in prior related cases. Six additional defendants have been charged; a charge in a criminal complaint or an indictment is merely an accusation, and the defendants are presumed innocent unless and until proven guilty.
The U.S. Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; and Maine Drug Enforcement Agency investigated the case. Assistance was provided by the police departments in Orono, Bangor, Brewer, Caribou, Presque Isle and Houlton. U.S. Attorney Darcie McElwee also recognized the cooperation and coordination provided by the Maine State Attorney General’s Office and the Aroostook County District Attorney’s Office.
Organized Crime Drug Enforcement Task Forces: This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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EU-U.S. Joint Statement Following the EU-U.S. Ministerial on Justice and Home AffairsRead the Press Release
On June 21, the Swedish Presidency of the Council of the European Union (EU) hosted the EU-U.S. Ministerial Meeting on Justice and Home Affairs in Stockholm. The European Union was represented by Commissioner for Home Affairs Ylva Johansson, Commissioner for Justice Didier Reynders, as well as Swedish Minister for Justice Gunnar Strömmer. The incoming Presidency of the Council was represented by Spanish Minister of Justice Maria Pilar Llop Cuenca and Spanish Minister of the Interior Fernando Grande-Marlaska. The United States was represented by Attorney General Merrick B. Garland and Secretary for Homeland Security Alejandro N. Mayorkas.
The meeting was an opportunity to reaffirm the commitment of the European Union and the United States to a strong transatlantic partnership, at a time of major geopolitical challenges.
The United States and the European Union once again condemned Russia's war of aggression against Ukraine and reaffirmed their unwavering support for Ukraine. They discussed their intent to deepen their cooperation in assisting Ukraine in the area of justice reform and the rule of law. The United States and the European Union remain committed to provide protection to those who had to flee Ukraine as a result of the Russian aggression.
Specifically, the United States and the European Union reaffirmed their unequivocal commitment to ensure full accountability for the international crimes committed in connection with Russia's invasion of Ukraine, respecting the important role of the International Criminal Court, Ukrainian courts, and other courts. They welcomed the signature of a Memorandum of Understanding between the U.S. Department of Justice and the prosecuting authorities of the national members of the Joint Investigation Team on Ukraine, set up with the support of Eurojust, and the upcoming establishment of the International Centre for the Prosecution of the Crime of Aggression against Ukraine, which will benefit from the United States' support. The United States and the European Union saluted the start of operations of the Core International Crimes Evidence Database at Eurojust and look forward to the database becoming fully operational and to contributing thereto.
The United States and the European Union also intend to continue to take the discussions on international accountability mechanisms forward to ensure effective accountability for the crime of aggression.
The United States and the European Union reiterated their commitment to ensure that Russia pays for all the damages it causes in Ukraine. Relatedly, they welcomed the establishment, within the Council of Europe, of a register of damage for Ukraine.
The United States and the European Union reconfirmed their intent to continue their close cooperation on the full enforcement of sanctions, including by taking action consistent with their respective legal frameworks to freeze and seize, and where appropriate confiscate, assets linked to criminal activities such as sanctions evasion, money laundering, or corruption. They reiterated the importance of cooperating with other international partners, including G7 countries, to avoid any enforcement gap and welcomed the first United States' transfer of funds seized from Russian oligarchs to aid Ukraine.
The United States and the European Union remain steadfast in their efforts to fully account for holdings of immobilized assets of the Central Bank of Russia in the respective jurisdictions.
The two sides reiterated their commitment to address security threats stemming from the war, including cooperation with Ukraine to reinforce the collective capacities to prevent trafficking of firearms, trafficking in human beings, and critical infrastructure protection, as well as law enforcement cooperation on information exchange and joint operational actions. They highlighted the importance of the support to help strengthen the Republic of Moldova’s security sector in the face of destabilizing activities by external actors and advance the necessary rule of law and justice reforms.
The United States and the European Union expressed strong concern with the rise of violent extremism, based on the rejection of democratic values and motivated by hate, racism, xenophobia and/or related intolerance. They stressed their willingness to work jointly to identify and take effective action in situations in which violent extremist groups cooperate transnationally for the purpose of committing criminal offenses, as well as to address the challenges arising from lone actors acting at their own initiative.
Both sides stressed the need to further address the significant challenges arising from the spread of terrorist and violent extremist content online, including the role of algorithmic amplification. They encouraged companies to take action to prevent misuse of their platforms to promote violence and exploit children.
The United States and the European Union reaffirmed the importance of effective information sharing to combat terrorism. To that end, they plan to continue and build upon the existing pilot project between the U.S. Department of Homeland Security and Europol addressing security risks associated with terrorist travel. The United States and European Union welcomed the continued sharing by the U.S. Department of Justice of terrorist information, including battlefield evidence, with Europol.
The United States and the European Union discussed the U.S. Enhanced Border Security Partnership and the value of bilateral information sharing under this program. They also expressed their intent to discuss future cooperation at the EU level.
The United States and the European Union welcomed the relaunch of the negotiations for an EU-U.S. agreement facilitating access to electronic evidence in criminal proceedings at the beginning of 2023. This agreement will complement a robust network of existing instruments that have built trust and cumulatively provide a framework for transatlantic cooperation in criminal matters and protection of public safety subject to strong safeguards. In this context they recognized the value of the recently adopted OECD Declaration on Government Access to Personal Data held by Private Sector Entities. They also welcomed the strides taken by the United States and the European Union with respect to transatlantic transfers of data between commercial operators in a manner that satisfies the requirements of their respective legal systems.
The Budapest Convention on Cybercrime and its Second Additional Protocol remain the primary instruments for international cooperation on cybercrime. At the same time, in the context of their close coordination towards a new UN convention on cybercrime, the United States and the European Union support a convention that advances international cooperation to fight cybercrime and respects human rights and the rule of law.
The United States and the European Union recognized the benefits and risks associated with new and emerging online technologies. They discussed the importance of maintaining the ability of judicial and law enforcement agencies to lawfully access data in order to effectively prevent, detect, investigate, and prosecute crime, while safeguarding cybersecurity and confidentiality of communications.
The United States and the European Union concurred on the need to enhance joint efforts to prevent and combat child sexual abuse in all its forms, online and offline.
The United States and the European Union remain committed to reinforcing cooperation against cross border organized criminal networks, in particular, those involved in the illicit manufacture and trafficking of cocaine and synthetic drugs, including fentanyl. Both parties resolved to further their exchanges in relation to supply and demand reduction at the EU-U.S. Dialogue on Drugs, and at appropriate multilateral bodies. They jointly endorsed work on a project between the U.S. Department of Homeland Security and Europol to develop additional intelligence on entities known or suspected of participating in the transnational trade in synthetic drugs. They also welcomed ongoing cooperation between the agencies of the U.S. Departments of Justice and Homeland Security and of the EU. The United States and the European Union underlined the need for joint efforts to address synthetic drugs in the context of the Global Coalition. Both expressed hope that the launch event on July 7 would provide avenues for concrete action to address this shared health and security problem.
Both sides reaffirmed their commitment to intensify their cooperation against environmental crime, including working together on cross-border criminal investigations and prosecutions, as well as developing best practices.
The United States and the European Union welcomed the progress made by the three EU Member States not yet in the Visa Waiver Program and reiterated their willingness to pursue efforts in the context of the tripartite process and bilateral discussions. The two sides concurred on the importance of reciprocal visa-free travel under their respective legal frameworks.
Reaffirming their joint commitment to advance together towards common solutions in all these areas, the United States and the European Union decided to meet again in the second half of 2023 in Washington, D.C.
The United States and the Netherlands Reaffirm Their Commitment to Pursuing Justice and Accountability for Russia’s Unlawful Invasion of UkraineRead the Press Release
On June 19, Dutch Minister of Justice and Security Dilan Yeşilgöz-Zegerius and Dutch Minister of Foreign Affairs Wopke Hoekstra met with U.S. Attorney General Merrick B. Garland in The Hague, where they discussed support to Ukraine in the face of Russia’s war of aggression that is causing death and destruction across Ukraine, and sowing instability around the world. Those responsible for atrocities in Ukraine must not go unpunished. The Ukrainian people deserve justice. The United States and the Netherlands are both deeply committed to domestic, regional, and international efforts to promote accountability and combat impunity in Ukraine. The International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) will play a critical role in the ecosystem for prosecuting atrocity crimes committed in Ukraine.
Ministerie van Justitie en VeiligheidDutch Minister of Justice and Security Dilan Yeşilgöz-Zegerius and AG Garland.
Ministerie van Justitie en VeiligheidDutch Foreign Minister Wopke Hoekstra and AG Garland.
“Yesterday, I had the honor of meeting with Dutch Minister of Justice and Security Dilan Yeşilgöz-Zegerius, and Dutch Minister of Foreign Affairs Wopke Hoekstra, in The Hague, Netherlands,” said U.S. Attorney General Merrick B. Garland. “The U.S. partnership with the Netherlands is one of our oldest and closest, and our strong bilateral relationship is critically important as we confront common challenges. Ensuring accountability for Russia’s war crimes in Ukraine was at the top of our agenda. We are grateful that the Netherlands has agreed to host the ICPA, which will be based at Eurojust. I am pleased to announce that I have appointed an experienced federal prosecutor, Jessica Kim, to serve as the United States’ Special Prosecutor for the Crime of Aggression and our representative in this important effort. We will continue to seek justice alongside, and stand with, our Ukrainian partners, for as long as it takes.”
“The Netherlands is the host nation to the ICPA against Ukraine and is honored to do so,” said Dutch Minister of Justice and Security Dilan Yeşilgöz-Zegerius. “We view the ICPA as the first step towards justice for the crime of aggression committed by the Russian Federation and its leadership. We see the commitment by the United States to appoint a Special Prosecutor for the Crime of Aggression as very valuable and call on other states to support this endeavor to ensure justice and exclude impunity.”
“The Netherlands greatly appreciates the close cooperation with the United States in supporting Ukraine, and in the fight against impunity for atrocities committed by Russia’s unjustified war of aggression,” said Dutch Foreign Minister Wopke Hoekstra. “We will continue to work together to bring those responsible to justice, including through the work of the ICPA, as well as the Register of Damages Caused by the Aggression of the Russian Federation against Ukraine, which will also have its seat in The Hague. The Register will serve as a record of evidence and claims information on damage, loss or injury caused by Russia’s war of aggression against Ukraine.”
Readout of Justice Department Convening with National Public Defense Organizations Hosted by the Office for Access to JusticeRead the Press Release
Director Rachel Rossi of the Justice Department’s Office for Access to Justice (ATJ) and staff from ATJ and the Office of Justice Programs (OJP) met with national public defense organizations today at the Justice Department.
The organizations discussed an array of critical topics impacting adult and youth public defenders including challenges in securing federal funding and resources; research needs and data gaps; the need to promote policies that ensure early and continuous access to counsel and concerns about increasing caseloads and workloads that can lead to the constructive denial of counsel.
ATJ is charged with planning, developing and coordinating the implementation of access to justice policy initiatives of high priority to the Justice Department and the Executive Branch, including in areas of criminal indigent defense. Today’s convening was held in furtherance of the ATJ’s commitment and mandate to regularly engage with the public defense community and to support indigent defense. It is part of the department’s continuing engagement with and support for the public defense community.
In March, the Justice Department celebrated 60 years since the Supreme Court decision recognizing the right to counsel in criminal cases, Gideon v. Wainwright, by launching a country-wide tour to hear from those on the ground doing the work of making the right to counsel a reality. High-level Justice Department officials joined ATJ in visits with public defenders, impacted communities and advocates across the United States to hear about barriers and announce a number of actions in response. These actions include:
- Deputy Attorney General Lisa Monaco’s launch of a 100-day review of access to counsel in Federal Bureau of Prisons (BOP) facilities;
- OJP and ATJ’s issuance of a “Dear Colleague” letter encouraging states to use Edward Byrne Memorial Justice Assistance Grant (JAG) program funding to resource public defense
- An ATJ partnership with the National Institute of Justice on a research project detailing the landscape of state public defender systems; and
- The establishment of new attorney position in ATJ, filled by Senior Counsel Nikhil Ramnaney, dedicated to supporting, collaborating with, and engaging the state and local public defense community.
Owner of Car Parts Remanufacturing Company Pleads Guilty to Employment Tax CrimeRead the Press Release
A Minnesota man who owned an automobile transmission business pleaded guilty today to willfully failing to account for and pay over employment taxes.
According to court documents and statements made in court, Timothy J. Lundquist owned and operated Dynotec Industries, Inc., an automobile transmission remanufacturing company based in Jordan, Minnesota. Lundquist was responsible for filing quarterly employment tax returns and collecting and paying over to the IRS payroll taxes withheld from employees’ wages. For at least the last quarter of 2013 through 2018, Lundquist did not, however, or pay withholdings to the IRS or file required employment tax returns. In total, he caused a tax loss to the IRS of over $1.2 million.
Lundquist faces a statutory maximum 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 Ahmed Almudallal of the Justice Department’s Tax Division is prosecuting the case.
Justice Department Announces New National Security Cyber Section Within the National Security DivisionRead the Press Release
The Justice Department today announced the creation of the new National Security Cyber Section – known as NatSec Cyber – within its National Security Division. The newly established litigating section has secured congressional approval and comes in response to the core findings in Deputy Attorney General Lisa O. Monaco’s Comprehensive Cyber Review in July of 2022.
“NatSec Cyber will give us the horsepower and organizational structure we need to carry out key roles of the Department in this arena,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This new section will allow NSD to increase the scale and speed of disruption campaigns and prosecutions of nation-state threat actors, state-sponsored cybercriminals, associated money launderers, and other cyber-enabled threats to national security.”
The National Security Cyber Section will increase the Justice Department’s capacity to disrupt and respond to malicious cyber activity, while promoting Department-wide and intragovernmental partnerships in tackling increasingly sophisticated and aggressive cyber threats by hostile nation-state adversaries. The Section will bolster collaboration between key partners, notably the Criminal Division’s Computer Crimes and Intellectual Property Section (CCIPS) and the FBI’s Cyber Division and will serve as a valuable resource for prosecutors in the 94 U.S. Attorneys' Offices and 56 FBI Field Offices across the country.
“Responding to highly technical cyber threats often requires significant time and resources,” said Assistant Attorney General Olsen. “NatSec Cyber will serve as an incubator, able to invest in the time-intensive and complex investigative work for early-stage cases.”
Today’s announcement builds upon recent successes in identifying, addressing and eliminating national security cyber threats, including the charging of an alleged cybercriminal with ransomware attacks against U.S. critical infrastructure and disruption the Russian government’s premier cyberespionage malware tool.
Gerard R. Vetter Appointed Acting U.S. Trustee for Maryland, South Carolina, Virginia, West Virginia, and the District of ColumbiaRead the Press Release
Gerard R. Vetter has been appointed by Attorney General Merrick B. Garland as the Acting U.S. Trustee for Maryland, South Carolina, Virginia, and West Virginia and for the District of Columbia (Region 4) effective July 1, the Executive Office for U.S. Trustees announced today. Vetter replaces John P. Fitzgerald III, who is retiring after 43 years of dedicated service to the department, including the last four years as the Acting U.S. Trustee in Region 4. Under 28 U.S.C. § 585(a), the Attorney General may fill U.S. Trustee vacancies by appointing an Acting U.S. Trustee.
Vetter joined the U.S. Trustee Program (USTP) in 2010 as the Assistant U.S. Trustee in charge of the Greenbelt, Maryland, office of Region 4, where he served for four years before transferring to become the Assistant U.S. Trustee in the Baltimore office. He was the Region’s Creditor Enforcement Coordinator for many years and has been involved in supporting broader USTP efforts as a member of its Private Trustee Working Group and through service on peer evaluation teams. Before joining the USTP, Vetter was a chapter 13 trustee in the District of Maryland from 2004 to 2010 and prior to that was in private practice. He received his bachelor’s degree in public and international affairs cum laude from Princeton University and his Juris Doctorate from The George Washington University School of Law.
The USTP is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 90 field office locations. Region 4 has offices in Baltimore and Greenbelt, Maryland; Columbia, South Carolina; Alexandria, Norfolk, Richmond, and Roanoke, Virginia; and Charleston, West Virginia.
Justice Department Finds Civil Rights Violations by the Minneapolis Police Department and the City of MinneapolisRead the Press Release
Following a comprehensive investigation, the Justice Department announced today that the Minneapolis Police Department (MPD) and the City of Minneapolis (City) engage in a pattern or practice of conduct in violation of the U.S. Constitution and federal law. The Department also announced that the city and MPD have agreed in principle to resolve the Department’s findings through a court enforceable consent decree with an independent monitor, rather than through contested litigation.
Specifically, the Justice Department finds that the MPD:
- Uses excessive force, including unjustified deadly force and unreasonable use of tasers;
- Unlawfully discriminates against Black people and Native American people in its enforcement activities, including the use of force following stops;
- Violates the rights of people engaged in protected speech; and
- Along with the city, discriminates against people with behavioral health disabilities when responding to calls for assistance.
The Department identified and concluded that persistent deficiencies in policy, training, supervision, and accountability contribute to the unlawful conduct.
“George Floyd’s death had an irrevocable impact on his family, on the Minneapolis community, on our country, and on the world,” said Attorney General Merrick B. Garland. “The patterns and practices of conduct the Justice Department observed during our investigation are deeply disturbing. They erode the community’s trust in law enforcement. And they made what happened to George Floyd possible. Today, we have completed our investigation, but this is only the first step. We will continue to work with the city and the MPD toward ensuring that MPD officers have the support and resources they need to do their jobs effectively and lawfully as we work together toward meaningful and durable reform.”
“I know this community is still hurting and that today’s announcement may also open up old wounds,” said Associate Attorney General Vanita Gupta. “The Justice Department is committed to working with Minneapolis on a path forward, to constitutional policing, and stronger police-community trust. Together we can build a Minneapolis that protects the rights, safety, and dignity of all.”
“Every American deserves policing that is fair, equitable, and non-discriminatory,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The protests that unfolded across Minneapolis, and the country, underscore the urgency behind our efforts to ensure that police departments respect constitutional rights, while garnering public trust. We will stand by the people of Minneapolis as we work to institute reforms that are lasting and enduring.”
“These findings present a sobering picture of a flawed system – but today we turn towards change through justice,” said First Assistant U.S. Attorney Ann Bildtsen for the District of Minnesota. “This thorough investigation is the foundation to make fair and lawful policing a reality for our entire community.”
The city and MPD cooperated fully with the Justice Department’s investigation. The Department provided a comprehensive written report of its investigative findings to the city and MPD. The report acknowledges the changes already made by the city and MPD, and it identifies additional remedial measures that the Department believes are necessary to fully address its findings.
The Department opened this investigation on April 21, 2021. The investigation was conducted by career attorneys and staff in the Civil Rights Division’s Special Litigation Section and the Civil Division of the U.S. Attorney’s Office for the District of Minnesota. The team conducted numerous onsite tours of MPD facilities; interviewed MPD officers, supervisors, and command staff; spoke with city officials and employees; accompanied behavioral crisis responders and officers on ride-alongs; reviewed thousands of documents; and watched thousands of hours of body-worn camera footage. Department attorneys and staff also met with community members, advocates, service providers, and other stakeholders in the Minneapolis area.
The Department conducted this investigation pursuant to 34 U.S.C. § 12601 (Section 12601), which prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law, the Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964, and Title II of the Americans with Disabilities Act.
The findings announced today are the result of the Department’s civil pattern or practice investigation and are separate from the Department’s criminal cases against former MPD officers for federal crimes related to the death of George Floyd.
The Department will reach out to members of the Minneapolis community for input on remedies to address the Department’s findings. Individuals may also submit recommendations by email at [email protected] or by phone at 1-866-432-0268.
This is one of eight investigations into law enforcement agencies opened during this Administration by the Civil Rights Division of the Justice Department under Section 12601. The Department has ongoing investigations into the Phoenix Police Department; the Mount Vernon Police Department; the Louisiana State Police; the New York City Police Department’s Special Victims Division; the Worcester Police Department; and the Oklahoma City Police Department. The Department has issued Section 12601 findings reports in the past year regarding the Louisville Metro Police Department, as well as the Orange County District Attorney’s Office and Sheriff’s Department.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of Minnesota is available at www.justice.gov/usao-mn.
Information specific to the Civil Rights Division’s Police Reform Work can be found here: www.justice.gov/crt/file/922421/download.
The Justice Department will hold a virtual presentation on the findings at 5:00 p.m. CT. Members of the public are encouraged to attend to learn more about the findings. Please join the meeting here.
El Departamento de Justicia halla vulneraciones de los derechos civiles por parte de la Policía de Minneapolis y la Ciudad de MinneapolisRead the Press Release
Tras una investigación integral, el Departamento de Justicia anunció hoy que la Policía de Minneapolis («MPD», por sus siglas en inglés) y la Ciudad de Minneapolis (Ciudad) han incurrido en un patrón o una práctica de conducta que vulnera la Constitución de los EE. UU. y las leyes federales. El Departamento anunció además que la Ciudad y la MPD han acordado, en principio, resolver los hallazgos del Departamentos mediante una orden de consentimiento ejecutable por los tribunales con un asesor de cumplimiento técnico independiente en vez de entrar en litigio contencioso.
En concreto, el Departamento de Justicia halló que la MPD:
- Emplea fuerza excesiva, lo que incluye la fuerza letal no justificada y el uso irrazonable de pistolas paralizantes;
- Discrimina de manera ilícita contra personas negras y nativas indígenas en sus actividades de aplicación de la ley, incluyendo el uso de fuerza después de una parada;
- Infringe en los derechos de personas que están ejerciendo su derecho de expresión protegida; y
- Junto con la Ciudad, discrimina contra personas con discapacidades de salud del comportamiento a la hora de responder a llamadas de auxilio.
El Departamento identificó y concluyó que las deficiencias continuas en las políticas, capacitación, supervisión y rendición de cuentas contribuyen a la conducta ilegal.
«La muerte de George Floyd tuvo un impacto irrevocable en su familia, en la comunidad de Minneapolis, en nuestro país y en el mundo», afirmó el Fiscal General Merrick B. Garland. «Los patrones y prácticas de conducta que el Departamento de Justicia observó durante nuestra investigación son profundamente inquietantes. Minan la confianza de la comunidad en las autoridades policiales. Y hacen posible lo que le pasó a George Floyd. Hoy hemos acabado nuestra investigación, pero este es solo un primer paso. Seguiremos colaborando con la Ciudad y la MPD con el fin de garantizar que los agentes de la MPD dispongan de apoyo y los recursos que necesitan para hacer su trabajo de una manera eficaz y legal, a medida que vayamos trabajando juntos hacia una reforma significativa y duradera».
«Yo sé que esta comunidad todavía sufre y que el anuncio de hoy posiblemente ha vuelto a abrir viejas heridas», comentó la Fiscal General Asociada, Vanita Gupta. «El Departamento de Justicia se ha comprometido a trabajar con Minneapolis a caminar hacia adelante, hacia una vigilancia policial constitucional y una mayor confianza entre la policía y la comunidad. Juntos podemos construir una Minneapolis que protege los derechos, la seguridad y la dignidad de todos».
«Cada estadounidense merece una vigilancia policial justa, equitativa y no discriminatoria», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Las manifestaciones que tuvieron lugar por todo Minneapolis y el país resaltan la urgencia de nuestros esfuerzos por asegurar que las policías respeten los derechos constitucionales a la vez que obtengan la confianza pública. Nosotros apoyaremos a la gente de Minneapolis a medida que implementemos reformas duraderas y permanentes».
«Estos hallazgos muestran una imagen solemne de un sistema fallido, pero hoy giramos hacia el cambio a través de la justicia», dijo la Primera Fiscal Federal Auxiliar para el Distrito de Minnesota, Ann Bildtsen. «Esta investigación a fondo constituye la base para convertir en realidad, para toda la comunidad, una vigilancia policial justa y legal».
La Ciudad y la MPD cooperaron plenamente con la investigación del Departamento de Justicia. El Departamento proporcionó a la Ciudad y la MPD un informe escrito integral de sus hallazgos investigativos. El informe reconoce los cambios ya implementados por la Ciudad y la MPD, y también identifica medidas correctivas adicionales que el Departamento cree que son necesarias para abordar sus hallazgos en su totalidad.
El Departamento inició esta investigación el 21 de abril del 2021. La investigación fue llevada a cabo por abogados de carrera y personal de la Sección de Litigios Especiales de la División de Derechos Civiles y la División Civil de la Fiscalía Federal para el Distrito de Minnesota. El equipo realizó varias visitas guiadas de las instalaciones de la MPD; entrevistó a agentes, supervisores, y personal de comando de la MPD; habló con oficiales y empleados de la Ciudad; acompañó a agentes y al personal de respuesta en sus vehículos; revisó miles de documentos y observó miles de horas de grabaciones provenientes de cámaras corporales. Asimismo, los abogados y personal del Departamento también se reunieron con miembros comunitarios, defensores, proveedores de servicios y otras partes interesadas del área de Minneapolis.
El Departamento realizó esta investigación de acuerdo con la Sección 12601 del Título 34 del Código de los EE. UU. (Sección 12601), que prohíbe que los policías incurran en un patrón o una práctica de conducta que prive a las personas de derechos amparados por la Constitución o las leyes federales, la ley de Calles Seguras de 1968, el Título VI de la ley de Derechos Civiles de 1964 o el Título II de la ley de Estadounidenses con Discapacidades.
Los hallazgos que se anunciaron hoy son el resultado de la investigación de patrón o práctica y son separados de los casos penales del Departamento contra exagentes de la MPD por delitos federales que se cometieron en conexión con la muerte de George Floyd.
El Departamento se comunicará con miembros de la comunidad de Minneapolis para pedir comentarios sobre medidas correctivas que aborden los hallazgos del Departamento. Las personas pueden también someter sus recomendaciones por correo electrónico a [email protected] o por teléfono al 1-866-432-0268.
Esta es una de ocho investigaciones de agencias de aplicación de la ley que se han iniciado durante esta Administración por la División de Derechos Civiles del Departamento de Justicia, en virtud de la Sección 12601. El Departamento tiene pendiente otras investigaciones en curso de la Policía de Phoenix; la Policía de Mount Vernon; la Policía Estatal de Louisiana; la División de Víctimas Especiales de la Policía de New York; la Policía de Worcester; y la Policía de Oklahoma City. Durante el último año, el Departamento ha publicado informes de hallazgos en virtud de la Sección 12601 en conexión con la Policía Metropolitana de Louisville, así como la Fiscalía y el Departamento del Sheriff del Condado de Orange.
Información adicional sobre la División de Derechos Civiles del Departamento de Justicia está disponible en su sitio web en www.justice.gov/crt. Para más información sobre la Fiscalía Federal para el Distrito de Minnesota, vaya a www.justice.gov/usao-mn.
Para información específica sobre el trabajo de reformación policíaca de la División de Derechos Civiles, vaya a: https://www.justice.gov/crt/file/922421/download.
El Departamento de Justicia realizará una presentación virtual sobre los hallazgos a las 5:00 de la tarde, Hora Central. Se anima a los miembros del público a asistir para aprender más sobre los hallazgos. Puede unirse a la reunión aquí.
Canadian Man Convicted in Multimillion-Dollar Psychic Mass-Mailing Fraud SchemeRead the Press Release
A federal jury in the Eastern District of New York convicted a Canadian man today for perpetrating a decades-long mass-mailing fraud scheme that stole more than $175 million from victims in the United States.
According to court documents and evidence presented at trial, Patrice Runner, 57, a Canadian and French citizen, operated a mass-mailing fraud scheme from 1994 through November 2014. As part of the scheme, Runner sent letters to millions of U.S. consumers, many of whom were elderly and vulnerable. The letters falsely purported to be individualized, personal communications from so-called “psychics,” including Maria Duval (leading this type of fraud scheme to be referred to as a “Maria Duval Scam”), and promised that the recipient had the opportunity to achieve great wealth and happiness with the psychic’s assistance, in exchange for payment of a fee. Once a victim made a single payment in response to one of the letters, the victim was bombarded with dozens of additional letters, all purporting to be personalized communications from the psychics and offering additional services and items for a fee.
Although the scheme’s letters frequently stated that a psychic had seen a personalized vision regarding the recipient of the letter, in fact, the scheme sent nearly identical form letters to tens of thousands of victims each week. Runner and his co-conspirators obtained the names of elderly and vulnerable victims by renting and trading mailing lists with other mail fraud schemes. In reality, the so-called “psychics” identified in the letters sent by the scheme had no role in sending the letters, did not receive responses from the victims, and did not send the additional letters after victims paid money. Some victims made dozens of payments in response to the fraudulent letters, losing thousands of dollars.
Runner directed the scheme for the entirety of its 20-year operation, providing instructions to co-conspirators who ran the day-to-day operations through a Canadian company. Runner used a series of shell companies registered in Canada and Hong Kong to hide his involvement in the scheme while living in multiple foreign countries, including Switzerland, France, the Netherlands, Costa Rica, and Spain.
Runner was extradited from Spain to the United States in December 2020.
“This case exemplifies the commitment of the Department of Justice’s Consumer Protection Branch and its partners in the U.S. Postal Inspection Service to investigating and prosecuting fraud schemes targeting Americans, no matter where in the world those schemes originate,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will work with our law enforcement partners in the United States and around the world to bring to justice criminals who target Americans.”
“For over 20 years, Patrice Runner managed a predatory scheme that targeted older American by mailing personalized letters to millions of victims purporting to be from a world renown psychic. Yesterday’s verdict should have come as no surprise to Mr. Runner,” said Inspector in Charge Chris Nielsen of the Postal Inspection Service’s Philadelphia Division. “Postal Inspectors are committed to protecting American consumers by eliminating these fraudulent mailings from the mailstream.”
Runner was convicted of conspiracy to commit mail and wire fraud, eight counts of mail fraud, four counts of wire fraud, and conspiracy to commit money laundering. He was found not guilty on four counts of mail fraud.
Runner will be sentenced at a later date and faces a maximum penalty of 20 years in prison on each count. He remains in prison pending sentencing. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Four other people previously pleaded guilty to conspiracy to commit mail fraud in connection with this mass-mailing fraud scheme: Maria Thanos, 59, of Montreal, Canada; Philip Lett, 52, of Montreal, Canada; Sherry Gore, 72, of Indiana; and Daniel Arnold, 61, of Connecticut.
The U.S. Postal Inspection Service investigated the case. Assistant Director John W. Burke and Trial Attorneys Charles B. Dunn, Rachel Baron, and Ann Entwistle of the Justice Department’s Consumer Protection Branch are prosecuting the case. The Justice Department's Office of International Affairs worked with law enforcement partners in Spain to secure the arrest and extradition of Runner.
The department urges individuals to be on the lookout for lottery, prize notification, and sweepstakes scams. If you receive a phone call, letter, or email promising a large prize in exchange for a fee, do not respond. Fraudsters often will use official-sounding names or the names of real lotteries or sweepstakes, or pretend to be a government agent purportedly helping to secure a prize.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, can 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. The Federal Trade Commission also provides a hotline at 877-FTC-HELP and a website at www.ftccomplaintassistant.gov to receive consumer complaints.
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. The Department of Justice provides information about a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which are available at www.ovc.gov.
Readout from Associate Attorney General Vanita Gupta’s Meeting with Mille Lacs Band of OjibweRead the Press Release
Associate Attorney General Vanita Gupta traveled to Minnesota today and met with Tribal leaders and members of the Mille Lacs Band of Ojibwe. The trip focused on areas – public safety, justice administration, reentry and victims’ services – where the Justice Department provides substantial grant funding to support Tribal self-governance. Associate Attorney General Gupta held government-to-government meetings with the Tribe’s leadership, heard about the Tribe’s work to respond to challenges and reinforced the Justice Department’s commitment to supporting Indian Country. She was joined throughout the trip by Director Tracy Toulou of the Justice Department’s Office of Tribal Justice (OTJ).
The Associate Attorney General’s trip to the Mille Lacs Band is the first in a series of meetings with Tribal governments on Tribal land in the coming months and is part of the Justice Department’s continued efforts to strengthen ties to Indian Country and elevate the voices and concerns of American Indians and Alaska Natives.
Associate Attorney General Gupta opened the visit by remarking on the Supreme Court’s decision to reject constitutional challenges to the Indian Child Welfare Act, a landmark statute that protects Indian children and families and safeguards Tribal self-governance. As Attorney General Merrick B. Garland said in a statement following the decision, the Justice Department vigorously defended the Act before the Court and will continue to do everything in its power to protect Tribal communities and affirm Tribal sovereignty.
Meetings with Mille Lacs Band of Ojibwe Chief Executive and Tribal Leadership
Chief Executive Melanie Benjamin of the Mille Lacs Band welcomed the Associate Attorney General and convened a meeting with a number of the Band’s executive, legislative and judicial leaders. During the meeting, the Associate Attorney General learned more about the operations of the Band’s government, day-to-day challenges and exercise of sovereignty over their Homelands. Chief Executive Benjamin is the Midwest representative on the Attorney General’s Tribal Nations Leadership Council.
Associate Attorney General Vanita Gupta (center) and Chief Executive Melanie Benjamin (center right) with members of Tribal Leadership. Associate Attorney General Gupta (right) and Chief Executive Benjamin (left)Tour of Reservation and Government Programming
Later in the afternoon, Associate Attorney General Gupta joined a tour of the reservation, which included visits to Tribal Courts and the Band’s Police Department and Government Center. She also visited the Band’s aanjibimaadizing, a center dedicated to “changing lives” by providing social services to youth and adults. She ended her visit at the Band’s Health and Human Services Department.
Associate Attorney General Gupta (right) speaking with Associate Justice Brenda Moose, of the Mille Lacs Band Central Court of Jurisdiction (left). Associate Attorney General Gupta (left) touring the Mille Lacs Band Tribal Police Department with Chief of Police James West (right). Assembly Speaker and Secretary-Treasurer Sheldon Boyd (left) briefing Associate Attorney General Gupta (right) on the Band’s implementation of Justice Department-supported grant programming.Justice Department Resources to Address the Unique Needs of Indian Country
Throughout the visit, the Associate Attorney General and Tribal leadership discussed the Justice Department’s grant programs and how they assist the Band’s self-government initiatives. Through the Office of Justice Programs (OJP), Office on Violence Against Women (OVW) and Office of Community Oriented Policing Services (COPS Office), the Justice Department has provided the Band resources to construct new courtrooms, recruit and retain police officers, revise the Band’s statutes and provide shelter and services for victims of domestic violence. The Justice Department has also designated a Band attorney as a Special Assistant U.S. Attorney to enable the Band to more effectively prosecute serious crimes.
OTJ, among other duties, serves as a primary point of contact for Tribal governments and organizations regarding policies and programs and issues relating to public safety and justice in Indian country. In line with a whole-of-department approach, the department recently announced the hiring of 44 additional Assistant U.S. Attorneys and support staff to serve Native communities nationwide. In Minnesota alone, five new department personnel will be added to address issues arising within Indian Country.
Oregon Man Pleads Guilty to Hate Crime Charges for Bias-Motivated Attacks in BoiseRead the Press Release
An Oregon man pleaded guilty in the U.S. District Court in Boise, Idaho, today to two federal hate crimes.
According to court records, on Oct. 8, 2022, while at the Boise Public Library Main Branch in downtown Boise, Matthew Alan Lehigh, 31, approached a transgender library employee, called her a slur, punched her and threatened to stab her. A member of the library’s security staff intervened, and Lehigh fled into the parking lot. When the security guard attempted to speak to Lehigh in the parking lot, Lehigh got into a car and suddenly accelerated it toward the guard, intending to collide with him. The guard narrowly escaped being struck by jumping behind a concrete barricade at the last moment, and Lehigh fled the scene.
Four days later, while sitting in his car in a public parking lot elsewhere in Boise, Lehigh saw two women walking together towards another vehicle. Assuming that the women identified as lesbian, Lehigh began shouting threats and slurs at them, then suddenly accelerated his car toward the women, intending to collide with them. The women jumped out of the path of Lehigh’s oncoming car, which struck the other vehicle at significant speed.
The superseding information to which Lehigh pled guilty charges him with one felony violation of the Hate Crimes Prevention Act for the vehicular assault on the library security guard, and a second felony violation of Act for the vehicular assault on the two women.
As part of his plea agreement, Lehigh also admitted that he was responsible for three other instances of anti-LGBTQI+ vandalism and violence that occurred in Boise during early October 2022. Specifically, he admitted to setting fire to a rainbow-striped “pride” flag attached to a residential property in North Boise, breaking several windows at a commercial building jointly occupied by an LGBTQI+ community organization and an LGBTQI+-affirming religious congregation, and punching a grocery store customer after calling him an anti-LGBTQI+ slur.
“This defendant targeted strangers for terrifying attacks for no reason other than his perceptions of their sexual orientation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “No one should live in fear of hate-fueled violence because of who they are. The Justice Department will continue to vigorously prosecute those who commit heinous acts of hate, and we are committed to protecting the rights of all Americans, including those in the LGBTQI+ community.”
“Everyone, no matter who they are, should be free from senseless violence,” said U.S. Attorney Josh Hurwit for the District of Idaho. “I am grateful to the Boise Police Department and the FBI for thoroughly and efficiently investigating this case. And I hope the victims are able to take solace in the fact that the defendant is being held accountable for his hateful and violent acts.”
“Hate crimes such as this are an attack on a deeply personal part of someone’s identity, and they have a devastating impact on families and communities,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI will not tolerate violence against the LGBTQI+ community. We will continue to investigate civil rights violations and do everything we can to keep our communities safe and free from fear.”
Lehigh faces between 37 and 45 months in prison, followed by three years of supervised release. The agreement also requires that Lehigh pay restitution to all victims and that he remains continuously under the care of a clinical psychiatrist upon his release from prison. A federal district court judge will determine any sentence based on the U.S. Sentencing Guidelines and other statutory factors.
The Boise Police Department and the Boise Resident Agency of the FBI Salt Lake City Field Office investigated the case.
Assistant Attorney General Clarke, U.S. Attorney Hurwit and Acting Special Agent in Charge Gibson made the announcement.
Assistant U.S. Attorney Katherine Horwitz for the District of Idaho and Trial Attorney Alec Ward of the Civil Rights Division’s Criminal Section are prosecuting the case.
If members of the public have information concerning hate crimes or wish to report a similar crime, they should contact the Federal Bureau of Investigation at (208) 344-7843 or the U.S. Attorney’s Office at (208) 334-1211.
Foreign National Sentenced for International Cocaine Trafficking ConspiracyRead the Press Release
A Mexican national was sentenced today in the District of Columbia to 13 years in prison for conspiring to distribute cocaine for importation into the United States.
According to court documents, between 1998 and approximately 2012, Jaime Antonio Mandujano-Eudave, 61, worked with the Sinaloa Cartel to coordinate the transportation of cocaine by boat from Colombia to Culiacan, Los Cabos, and elsewhere in Mexico. Mandujano-Eudave communicated GPS coordinates to the boats’ crew members to facilitate meetings in the Pacific Ocean. There, the cocaine-laden boats from Colombia would meet other boats under the control of the Sinaloa Cartel and offload the cocaine. These boats transported multi-kilogram amounts of cocaine. Once the cocaine arrived in Mexico, other members of Sinaloa Cartel would transport the cocaine to the United States for sale. Mandujano-Eudave knew that the cocaine would be subsequently imported into the United States for further distribution.
In 2009, Mandujano-Eudave sent a vessel, the Fiona, to pick up approximately 1,000 kilograms of cocaine in the Pacific Ocean. In October 2009, the U.S. Coast Guard intercepted the Fiona just north of Clarion Island, Mexico. The Fiona was set on fire by its crew, but the U.S. Coast Guard was able to recover 500 kilograms of cocaine from the water.
In August 2014, Spanish authorities arrested Mandujano-Eudave at the request of the United States. He was extradited from Spain to the United States in February 2015. On March 8, Mandujano-Eudave pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine, knowing and intending that it would be imported into the United States.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Ivan J. Arvelo of the Homeland Security Investigations (HSI) New York Field Office made the announcement.
The HSI New York Field Office investigated the case with assistance from the FBI Washington Field Office.
Trial Attorneys Kirk Handrich and Melanie Alsworth of the Criminal Division’s Narcotic and Dangerous Drug Section prosecuted the case. The Criminal Division’s Office of Enforcement Operations provided significant assistance.
The Justice Department’s Office of International Affairs worked with law enforcement partners in Spain to secure the arrest and extradition of Mandujano-Eudave.
This case is supported by the Organized Crime Drug Enforcement Task Forces (OCDETF).
Attorney General Merrick B. Garland Statement on Haaland v. BrackeenRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland following the Supreme Court’s decision in Haaland v. Brackeen:
“The Justice Department is committed to honoring Tribal sovereignty and protecting Indian children and families. For nearly 45 years, the Indian Child Welfare Act has helped protect Tribal children from being unnecessarily separated from their parents, extended family, and Tribal communities.
I am pleased that today’s Supreme Court decision in Haaland v. Brackeen rejected this challenge to the Indian Child Welfare Act. The Justice Department vigorously defended the statute before the Supreme Court and will continue to support the Indian Child Welfare Act and do everything in our power to protect Tribal communities and affirm Tribal sovereignty.”
Montana Man Sentenced for Federal Hate and Firearms Crimes for Shooting Intended to Kill and Rid Town of LGBTQI+ ResidentsRead the Press Release
A Montana man was sentenced by Chief U.S. District Judge Brian M. Morris to 18 years in prison followed by five years of supervised release for shooting into a residence and attempting to shoot others with the intent of ridding a town of LGBTQI+ residents.
John Russell Howald, of Basin, was convicted by a federal jury on Feb. 17 of a hate crime involving an attempt to kill and discharge of a firearm during and in relation to a crime of violence for firing an AK-style rifle at the residence of a woman who was known within the town as lesbian and was home at the time, and then walking further into town intending to target others he perceived to be lesbian, queer, and gay. The trial lasted four days.
“This defendant is being held accountable for his horrific attempted mass shooting against the LGBTQI+ community in a Montana town,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Howald set out to rid the town of all LGBTQI+ members by killing them. He shot into the home of a lesbian resident, nearly killing her, with the hope of inspiring similar attacks around the country. The Justice Department will continue to vigorously defend the rights of all people, regardless of their sexual orientation, to be free from hate-fueled violence. This Pride Month, we affirm our commitment to using the Matthew Shepard and James Byrd Hate Crimes Prevention Act to hold perpetrators of hate-fueled violence targeting the LGBTQI+ community accountable.”
“Howald fired multiple shots into someone’s home based solely on her sexual orientation and only the heroic and brave actions of residents and law enforcement, as well as some good fortune, prevented a targeted mass shooting,” said U.S. Attorney Jesse Laslovich for the District of Montana. “It is the kind of conduct that has no place in Montana, which is why our office vigorously prosecuted Howald and why the justice system is holding him accountable for his actions. Our office has an unshakable commitment to uphold the rule of law and protect the civil rights of all Montanans, including our LGBTQI+ friends and family members.”
“Motivated by hatred of the LGBTQI+ community and armed with multiple firearms and high-capacity magazines, this defendant sought to intimidate - even terrorize – an entire community by shooting into the victim’s home trying to kill her for no reason other than her sexual orientation, this defendant did something distinctly un-American by depriving her of her sense of safety, freedom and privacy all at once,” said ATF Director Steven Dettelbach. “This 18-year sentence reflects the appalling nature of Howald’s actions. I want to commend the ATF Helena Field Office and the U.S. Attorney’s Office for their extraordinary work ensuring justice, not only for the victim, but for the entire LGBTQI+ community.”
“The unfortunate reality is bigotry and hate exist in our communities. Still, as a diverse nation, we will not tolerate violence motivated by such bias,” said Acting Special Agent in Charge Cheyvoryea Gibson of the FBI Salt Lake City Field Office. “The harm and trauma experienced by the victim, her family, and the entire community may be irreparable, but rest assured, the FBI is committed to protecting the civil rights of all.”
According to court documents, on March 22, 2020, Howald went on a self-described mission to rid the town of Basin of its lesbian, queer and gay community. Howald was armed with two assault rifles, a hunting rifle, two pistols and multiple high-capacity magazines that were taped together to speed reloading. Howald walked to the first victim’s residence and fired multiple rounds from an AK-style rifle into her property and home, all because of his belief regarding her sexual orientation. Hoping he had killed her, Howald set off toward other houses occupied by people who identify as lesbian, queer or gay.
Local residents, who knew Howald and happened to be leaving church, stalled him long enough for a Jefferson County Sheriff’s Office deputy to respond and inadvertently recorded Howald yelling and firing more rounds with the same rifle, expressing his hatred toward the community’s gay and lesbian residents and his determination to “clean” them from his town. When the deputy arrived, Howald pointed the AK-style rifle at the officer, nearly starting a shootout in downtown Basin, and then fled into the hills, firing at least one round as he went. Law enforcement arrested Howald the next day and found him armed with a loaded pistol and a knife. In Howald’s car, officers found an AR-style rifle and a revolver. During a search of Howald’s camper, officers found an AK-style rifle, a hunting rifle, and ammunition.
Assistant Attorney General Clarke, U.S. Attorney Laslovich, Special Agent in Charge Gibson and ATF Director Dettelbach made the announcement.
The FBI, ATF and Jefferson County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Ethan R. Plaut for the District of Montana and Trial Attorney Eric N. Peffley of the Civil Rights Division’s Criminal Section prosecuted the case.
FACT SHEET: Update on Justice Department ’s Ongoing Efforts to Tackle Gun ViolenceRead the Press Release
On June 14, 2023, Attorney General Merrick B. Garland and Deputy Attorney General Lisa O. Monaco convened a meeting with the Criminal Division, FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), U.S. Marshals Service, and all 93 U.S. Attorneys to discuss ongoing efforts to reduce violent crime and combat the gun violence that fuels it. These efforts include implementing the landmark Bipartisan Safer Communities Act (BSCA) passed by Congress and signed by the President last June; addressing the proliferation of untraceable and unlawful “ghost guns” that threaten public safety; surging resources to federal, state, local, and Tribal law-enforcement partners on the front lines; and adopting other common-sense reforms that keep guns out of the wrong hands.
Focusing U.S. Attorney Resources on Gun Crimes: Today during the meeting, the Attorney General reiterated his February 2022 direction to U.S Attorneys’ Offices to prioritize combating gun violence. Among other actions, the Attorney General directed U.S. Attorneys to increase prosecutorial resources devoted to cracking down on illegal firearm trafficking pipelines, to hold accountable those who possess unlawful “ghost guns,” and to pursue investigations against unlawful gun dealing.
Expanding Background Checks: BSCA expanded background checks to include juvenile criminal and mental health records and local law enforcement contacts for prospective purchasers under the age of 21. Since the law’s enactment, the FBI has conducted more than 100,000 enhanced background checks for purchasers under the age of 21. Those checks have kept nearly 1,000 firearms out of the hands of dangerous and prohibited persons – including over 200 attempted transactions that were denied solely because of the changes made by BSCA. The FBI continues to engage in extensive education and outreach efforts to improve the state and local partnerships necessary to the success of these enhanced background checks, including by hosting webinars attended by over 500 law enforcement agencies.
Narrowing the Boyfriend Loophole: BSCA also narrowed the so-called “boyfriend loophole” by expanding restrictions on firearm purchases by those convicted of misdemeanor crimes of domestic violence to include those convicted of assault in a “dating relationship.” In August 2022, the FBI implemented the new “dating relationship” definition into its background-check system, and in October, the Department trained federal prosecutors and law enforcement agents on the expanded restriction. The Department is also continuously engaging in efforts to educate state and local law enforcement, prosecutors, and court personnel on the need to document “dating relationship” factors in police reports and court records.
Fighting Illegal Trafficking in Firearms: BSCA created new criminal offenses for unlawfully trafficking in firearms and for straw-purchasing a firearm on behalf of a prohibited person, and it expanded the definition of “engaging in the business” of dealing in firearms. In the months since BSCA’s enactment, the Department held multiple trainings for federal prosecutors and law enforcement agents on these new provisions. That upfront investment is paying dividends in the courtroom: U.S. Attorneys’ Offices around the country have already charged more than 100 defendants with the new BSCA offenses of firearms-trafficking and straw-purchasing, and prosecutions for engaging in the business of dealing in firearms without a license have increased 52% over their FY2021 level.
Funding Evidence-Based Interventions: BSCA authorized a total of $1.4 billion in funding for new and existing violence-prevention and -intervention programs between 2022 and 2026. The Department has awarded more than $231 million in Byrne State Crisis Intervention Program grants that will fund state crisis intervention programs, such as drug, mental health, and veterans’ treatment programs and extreme risk protection orders that will keep guns out of the hands of those who pose a threat to themselves or others. State programs funded by the grants so far include:
- Education, training, and public-awareness campaigns on extreme risk protection order (“red flag”) laws;
- School resource officer training programs related to gun violence and youth mental health; and
- Drug, mental health, and veterans treatment courts and behavioral health responses such as crisis mobile response teams and stabilization facilities.
The Department has also announced the allocation of
- $40 million in supplemental STOP School Violence grants;
- $20 million in supplemental COPS School Violence Prevention Program grants; and
- $100 million in supplemental Community Violence Intervention Grants, which will go toward developing and expanding the infrastructure needed to strengthen neighborhood and community safety.
Cracking down on ghost guns: Privately made firearms (PMF) – more commonly known as “ghost guns” – are especially attractive to dangerous and prohibited persons because of their untraceable nature. In 2022, the Department recovered 25,785 ghost guns in domestic seizures, as well as 2,453 through international operations. So far in 2023, the Department has recovered more than 10,000 PMFs domestically and 1,000 internationally. These recoveries come on the heels of newly announced Department regulations that modernize firearm definitions to curb the proliferation of ghost guns.
Enhancing Firearm and Ballistics Tracing Efforts: The Department continues to expand the availability and effectiveness of federal investigative resources to help state, local, and Tribal partners solve crimes and bring perpetrators to justice. Last year, the National Tracing Center operated by the ATF conducted 622,735 traces for firearms associated with crimes, representing a 10% increase over 2021 and a 48% increase over 2017. As of June 2023, the National Tracing Center has conducted 299,319 traces and is forecasting a total of over 675,000 traces by the end of this year. Nearly 10,000 law enforcement agencies have now been granted access to eTrace, the online system that allows participating agencies to submit firearm traces to ATF. And since June 2022, the ATF’s National Integrated Ballistic Information Network (NIBIN) has generated approximately 200,000 leads for law enforcement partners across the country.
Holding Gun Dealers Who Violate the Law Accountable: The Department has adopted an enhanced enforcement policy for federally licensed firearms dealers who willfully violate the law – for example, by refusing to run required background checks or selling guns with full awareness that they will end up in the hands of prohibited persons. Earlier this year, the ATF published information on over 90 federal firearms license revocations.
Property Management Company to Pay Nearly $75,000 to Resolve Servicemembers Civil Relief Act ClaimsRead the Press Release
The Justice Department today announced that FPI Management Inc. (FPI) has agreed to pay $74,087 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by imposing unlawful charges on nine servicemembers who were exercising their right to terminate their apartment leases after receiving military orders to relocate.
“The right for servicemembers to terminate leases without penalty when military orders send them elsewhere is a critical protection for people who already sacrifice so much,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce federal civil rights laws to ensure that paying rent for housing they no longer need is not another sacrifice servicemembers must bear.”
“The SCRA protects servicemembers who have answered our country’s call to serve,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The U.S. Attorney’s Office and our partners in the Civil Rights Division stand ready to vindicate those rights, to allow our servicemembers to focus on their duty and relieve stress on them and their families.”
The SCRA extends various protections to servicemembers to allow them to devote their entire energy to the national defense. The SCRA provides protections for servicemembers in areas such as evictions, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, interest rates, foreclosures and automobile leases. The SCRA also allows servicemembers to terminate their residential leases after entering military service or receiving military orders for a permanent change of station, deployment or retirement. Landlords are prohibited from imposing an early termination charge on servicemembers who terminate their leases under the SCRA.
The department launched an investigation into FPI’s leasing practices after receiving a referral from Coast Guard Legal Assistance about two instances where FPI attempted to require servicemembers who were terminating their leases early under the SCRA to repay discounts they had received when they signed the lease. In one case, FPI required Coast Guard Petty Officer First Class Aaron Gomez and his wife to repay $8,590 in lease concessions after they terminated their lease at an apartment building in Oakland, California, near Coast Guard Island Alameda. In the other case, FPI told Coast Guard Petty Officer First Class William Fuchs that he would have to repay $7,838 in lease incentives after he terminated his lease at the same apartment building. Fuchs had just received military orders to relocate Charleston, South Carolina.
In a complaint filed in the U.S. District Court for the Eastern District of California, the department alleges that FPI unlawfully imposed early termination charges on a total of nine servicemembers who had exercised their right to terminate their residential leases upon receipt of qualifying military orders.
Under the consent order, which still must be approved by the court, FPI has agreed to pay a total of $51,587 to the servicemembers and a $22,500 civil penalty to the United States. The order also requires FPI to repair the servicemembers’ tenant database entries, implement new policies and procedures that comply with the SCRA and training its employees on the SCRA.
Since 2011, the Justice Department has been awarded over $481 million in monetary relief for over 146,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil.
Kevin M. Epstein to Serve as the U.S. Trustee for the Northern and Eastern Districts of Texas for Interim PeriodRead the Press Release
Kevin M. Epstein, the U.S. Trustee for the Southern and Western Districts of Texas (Region 7), has been designated by Attorney General Merrick B. Garland to serve for an interim period as the U.S. Trustee for the Northern and Eastern Districts of Texas (Region 6) effective July 1, the Executive Office for U.S. Trustees announced today. Epstein replaces William T. Neary, who is retiring after a distinguished 40-year career with the U.S. Trustee Program (USTP). Under 28 U.S.C. § 585(b), the Attorney General may fill U.S. Trustee vacancies by designating an incumbent U.S. Trustee to serve in a second region.
Epstein is a 24-year veteran of the USTP who was appointed as the U.S. Trustee for Region 7 on Jan. 1, 2021.
“Mr. Epstein has a wealth of experience that will maintain stability during this transition, and I know he will bring the same energy and leadership to this additional role in Region 6 as he has brought to Region 7,” said USTP Director Tara Twomey. “On behalf of the USTP, I extend my deepest gratitude to Mr. Neary for the integral role he has played in the development of the USTP throughout his career, from the early pilot days to today, not only within Region 6 but nationally. His legacy of excellence and service will continue on.”
The USTP is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 90 field office locations. Region 6 has offices in Dallas and Tyler, Texas.
Justice Department Secures Agreement with Staffing Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Mountain Prairie Holdings, a Colorado-based staffing agency that formerly operated as Apprentice Personnel. The settlement resolves the department’s determination that Mountain Prairie violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizen workers when checking their permission to work in the United States.
“Demanding that workers provide more documentation than required by law to prove their permission to work causes unnecessary stress, financial hardship and obstacles to employment, especially for vulnerable workers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold employers accountable for such discriminatory actions.”
The department’s investigation began after a newly hired non-U.S. citizen complained that staff in Apprentice Personnel’s Colorado Springs office demanded that he produce a foreign passport to prove his permission to work, even though he had already presented sufficient documentation. The department also determined that the Colorado Springs office routinely required certain non-U.S. citizens to show their immigration documents, even when these workers had already presented other valid documentation. Ultimately, the department found that several non-U.S. citizens, including the complaining party, had been victims of this practice.
Under the terms of the settlement, Mountain Prairie will pay civil penalties to the United States and be subject to departmental monitoring for a three-year period. Additionally, Mountain Prairie will train staff on the INA’s anti-discrimination provision and review and revise its employment policies before the company or any of its subsidiaries hire any workers during the monitoring period.
Federal law allows all workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. The INA’s anti-discrimination provision prohibits employers from asking for specific documents because of a worker’s citizenship, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, refugees and asylees, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when verifying permission to work 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 free webinar; email [email protected]; or visit IER’s English and Spanish websites. Sign up for email updates from IER.
Spanish Version
El Departamento de Justicia llega a un acuerdo con una empresa de contratación que resuelve unas acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Mountain Prairie Holdings, una agencia de contratación con sede en Colorado que anteriormente operaba bajo el nombre de Apprentice Personnel. El acuerdo resuelve la determinación del Departamento que Mountain Prairie vulneró la Ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar a trabajadores no ciudadanos de los EE. UU. a la hora de comprobar su permiso para trabajar en los Estados Unidos.
«El exigir que los trabajadores presenten documentos adicionales a los que por ley tiene el requisito de presentar para demostrar su permiso para trabajar causa estrés, dificultades económicas y obstáculos al empleo innecesarios, sobre todo en el caso de trabajadores vulnerables», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá obligando a los empleadores a rendir cuentas de tales acciones discriminatorias».
La investigación del Departamento comenzó después de que un recién contratado no ciudadano de los EE. UU. se quejó que el personal de la oficina en Colorado Springs de Apprentice Personnel exigió que presentara un pasaporte extranjero para demostrar su permiso para trabajar, a pesar de haber ya presentado suficiente documentación. Asimismo, el Departamento determinó que la oficina en Colorado Springs requería, de forma rutinaria, que ciertos no ciudadanos de los EE. UU. presentasen sus documentos migratorios, incluso cuando estos trabajadores ya habían presentado otra documentación válida. Finalmente, el Departamento halló que varios no ciudadanos de los EE. UU., entre ellos la parte demandante, habían sido víctimas de esta práctica.
Conforme los términos del acuerdo, Mountain Prairie pagará una sanción civil a los Estados Unidos y se someterá a la supervisión del Departamento durante un período de tres años. Por otra parte, Mountain Prairie capacitará a su personal en cuanto a la disposición antidiscriminatoria de la INA y repasará y revisará sus políticas de empleo antes de que la compañía o cualquiera de sus sucursales contraten a trabajadores adicionales durante el período de supervisión.
Las leyes federales permiten a todo trabajador elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su identidad y permiso para trabajar, independientemente de su ciudadanía, estatus migratorio o nacionalidad de origen. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de un trabajador. En efecto, muchos no ciudadanos de los EE. UU., incluyendo a residentes permanentes legales, refugiados y asilados, son elegibles para varios de los mismos tipos de documentos como lo son los ciudadanos de los EE. UU. para demostrar su permiso para trabajar (tales como licencias de conducir y tarjetas de seguro social sin restricciones). Los empleadores deben permitir que sus trabajadores presenten cualquier documentación aceptable que dichos trabajadores quieran y no pueden rechazar documentación válida que parece ser genuina.
La Sección de Derechos de Inmigrantes y Empleados 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 información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación a la hora de verificar el permiso para trabajar. 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 al amparo 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 para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite los sitios web de la IER en inglés y español. Inscríbase para recibir las últimas noticias por correo electrónico de la IER.
Readout of the First SAFER Team Visit to FCI TallahasseeRead the Press Release
On Friday, June 9, Principal Associate Deputy Attorney General (PADAG) Marshall Miller led a Sexual Abuse Facility Enhancement and Review (SAFER) team, comprised of representatives of multiple components of the Justice Department, in a visit and review at Federal Correctional Institution (FCI) Tallahassee. This is the first in a series of SAFER visits to women’s facilities throughout the Federal Bureau of Prisons (BOP).
The Deputy Attorney General launched the SAFER team project to visit women’s facilities in each of BOP’s six regions and engage with leadership, staff, and women in custody at those facilities, as part of the Department’s ongoing efforts to root out sexual misconduct within the BOP. The SAFER team that visited FCI Tallahassee included representatives from the Office of the Deputy Attorney General, the BOP, the Office on Violence Against Women, and the Office for Access to Justice, and was joined by U.S. Attorney Jason Coody for the Northern District of Florida and representatives from the FBI.
During the visit, the team reviewed the facility’s progress implementing the recommendations of the Department’s Sexual Misconduct Working Group, including its initiatives to promote timely and effective reporting consistent with the Prison Rape Elimination Act (PREA). The team also reviewed the facility’s conditions, medical and mental health services, reentry programming, and Special Housing Unit, and spoke directly with women in custody. Following the visit, PADAG Miller and several team members visited the U.S. Attorney’s Office for the Northern District of Florida (the USAO), where they discussed the office’s work to prioritize cases involving misconduct committed by BOP personnel, including the USAO’s recent conviction of a former corrections officer at FCI Tallahassee who sexually abused a woman in his custody.
Readout of Associate Attorney General Vanita Gupta's Trip to ChicagoRead the Press Release
On Thursday, June 8 and Friday, June 9, Associate Attorney General Vanita Gupta traveled to Chicago. During her visit, she met with community members and local leaders to hear about critical issues in the Chicago area and discuss the department’s efforts to fight gun violence and violent crime through thoughtful work on policing, a focus on building trust between police and the communities they serve, and empowering communities to be co-producers of public safety. She was joined throughout the trip by Assistant Attorney General for the Office of Justice Programs (OJP) Amy Solomon.
University of Chicago Law School’s Law of Policing Conference
The Associate Attorney General kicked off her trip on Thursday, June 8, by serving as a featured speaker at the University of Chicago Law School’s Law of Policing Conference. During the UChicago event, she participated in a fireside chat with Professor Sharon Fairley to discuss the department’s work, including efforts to build police-community trust, pattern and practice investigations, work with law enforcement agencies seeking assistance through programs like the department’s Collaborative Reform Initiative and fund organizations and programs that center community voices in public safety conversations.
Associate Attorney General Vanita Gupta (left) speaks with University of Chicago Law Professor Sharon Fairley as part of the school’s Law of Policing Conference.Site Visits with Justice Department-Funded Community Violence Intervention and Prevention Programs and Families of Gun Violence Victims
On Thursday afternoon, the Associate and department officials visited the North Lawndale area for a site visit and community meeting, hosted by UCAN, to speak with representatives from organizations that help fund, provide and study community violence intervention and related services. Participants included: Metropolitan Family Services (MFS), an OJP grantee that received both site-based and capacity-building grants through the department’s Community Violence Intervention and Prevention Initiative (CVIPI) in Fiscal Year 2022 (FY22); a sub-grantee that will be receiving funds and other support from MFS through the capacity-building award; researchers from Northwestern University who are studying community violence intervention programs; and others. During the meeting, participants discussed ways to make federal grant funds more effective and accessible, and shared their experiences working with local law enforcement and collaborating with other community-based organizations to reduce violence in Chicago. Later that day, the Associate and other department officials met with mothers who have lost children to gun violence to listen to their concerns and challenges, including with navigating resources and services for victims. The meeting was hosted by New Life Centers of Chicagoland.
Justice Department officials meet with local and community leaders to discuss their efforts in the community violence and prevention space. New Life Centers of Chicagoland Executive Director Matt DeMateo leads Justice Department officials on tour of facility. Associate Attorney General Vanita Gupta (center, right), Assistant Attorney General Amy Solomon (far right, top) listen to mothers who lost their children to gun violence.Bringing Critical Stakeholders Together: Meetings with U.S. Attorney’s Office, University of Chicago Crime Lab, and Mayor of Chicago
On Friday, June 9, Associate Attorney General Gupta and Assistant Attorney General Solomon met with Acting U.S. Attorney Sonny Pasqual for the Northern District of Illinois and senior staff from his office, followed by a visit to the University of Chicago Crime Lab, which was joined by Senator Dick Durbin, to learn about the Crime Lab’s innovative work, including research on the effectiveness of community violence intervention programs, early warning systems in law enforcement agencies and more. The trip concluded with a meeting with Chicago Mayor Brandon Johnson and Chicago’s first-ever Deputy Mayor of Community Safety Garien Gatewood.
Through OJP, local organizations can access critical funding that can be used to support community-focused violence intervention and prevention programming. In FY22 alone, the department provided $100 million in funding for CVIPI, aimed at helping scale this type of community-based work and innovation to tackle public safety concerns. In addition, through OJP’s Office for Victims of Crime, the department offers grants, training and technical assistance to support victims and survivors of crime as they navigate difficult journeys of recovery and healing.
Justice Department Secures Consent Decree in Louisiana School Desegregation CaseRead the Press Release
The Justice Department announced today that it has secured an agreement to desegregate student enrollment and expand academic opportunities for students in the St. Martin Parish, Louisiana, public schools. The consent order was approved by U.S. District Court Judge Elizabeth Erny Foote of the Western District of Louisiana as part of a longstanding desegregation case.
Under the consent decree, the school district will promote student transfers to advance desegregation and work with the Justice Department and private plaintiffs to develop a robust magnet school, with the goal of attracting a diverse student body and desegregating a historically Black school zone.
“All students deserve the opportunity to attend desegregated schools,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “It is now nearly 70 years after the Supreme Court issued its historic decision in Brown v. Board, and long past time for school districts to comply. The Justice Department will continue fighting to dismantle the prior system of segregation, in St. Martin Parish and wherever it persists.”
The department presented evidence at district court hearings in April 2021, August 2022 and March 2023 showing that St. Martin Parish has long maintained a dual system of racially identifiable elementary schools in the St. Martinville and Catahoula attendance zones. Under the terms of the consent order, the district will, among other requirements:
- Enhance educational opportunities in the historically Black attendance zone of St. Martinville by creating a robust magnet program to attract students from across the district;
- Work with the department, private plaintiffs and community members to develop and implement a robust magnet program;
- Hire and train the staff necessary to support these students and ensure the success of the magnet program; and
- Advertise and grant student transfers to promote opportunities and further desegregation in all district schools.
The order requires regular reporting to the court, the department and private plaintiffs represented by the NAACP Legal Defense Fund. Several other areas of this case remain open and are subject to the court’s continuing jurisdiction, including possible attendance zone modifications, the desegregation of faculty and the issues of discipline and graduation pathways. The court will retain jurisdiction over the consent order during its implementation, and the department will monitor the district’s compliance.
Last month marked the 69th anniversary of the U.S. Supreme Court’s decision in Brown v. Board of Education. The Justice Department’s Civil Rights Division continues to prioritize enforcement of desegregation orders in school districts formerly segregated by law, to ensure that all children can access the building blocks of educational success. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
Justice Department Secures Agreement to Remedy Racial Harassment of Black and Multi-Racial Students in Kentucky School DistrictRead the Press Release
The Justice Department today announced a settlement agreement with Madison County Schools in Kentucky to resolve its investigation into complaints of serious and widespread racial harassment of Black and multi-racial students. The department opened its investigation in October 2021 under Title IV of the Civil Rights Act of 1964.
The department’s investigation uncovered numerous incidents of race-based harassment in which Black and multi-racial students were called the N-word, among other racial epithets, and subjected to other derogatory racial comments by their peers. The school district did not consistently or reasonably address the harassment, which included racial taunts and intimidation, and was at times reinforced by use of Confederate flags and imagery. When the district did respond, it often failed to follow its own racial harassment policies and its actions were ineffective in addressing the broader hostile environment. This inaction deprived Black and multi-racial students of equal access to the district’s educational opportunities and led them to conclude that the district either condoned the behavior or would not take any action to help them.
“No student should be subject to racial harassment, including racist taunts with the Confederate flag that are clearly intended to surface some of the harshest and most brutal periods of our country’s history. Racial harassment inflicts grievous harm on young people and violates the Constitution’s most basic promise of equal protection,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will create the institutional changes needed to keep Black and multi-racial students safe and to provide them with a supportive educational environment. We look forward to Madison County Schools demonstrating to its students and school community that it will no longer tolerate racial discrimination in its schools.”
“The principles underpinning this investigation and settlement are straightforward,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “All young people are entitled to seek their educational opportunities without facing racial harassment and abuse, and schools simply must adequately protect those entrusted to their care and instruction from that offensive, harmful behavior. With this settlement, Madison County Schools are now taking an important step consistent with those basic principles.”
The department’s investigation also raised concerns about racially disproportionate discipline for Black students at some district schools and inadequate systems for recordkeeping and analysis of discipline data. Under the agreement, Madison County Schools will undertake significant institutional reforms, including:
- Retaining a consultant to review and revise anti-discrimination policies and procedures and support the school district in implementing the agreement;
- Creating three new central office positions to oversee effective handling of complaints of race discrimination;
- Updating its racial harassment and discipline policies to more accurately track and consistently respond to complaints of race-based harassment;
- Training staff on how to identify, investigate and respond to complaints of racial harassment and discriminatory discipline practices;
- Informing students and parents of how to report harassment and discrimination;
- Updating its centralized, electronic reporting system to track and manage complaints and the district’s response to complaints;
- Implementing focus groups, surveys, training and educational events on identifying and preventing race discrimination, including discriminatory harassment; and
- Analyzing and reviewing discipline data and amend policies to ensure non-discriminatory enforcement of discipline policies.
Protecting public school students from harassment and other discrimination is a top priority of the Justice Department’s Civil Rights Division. In March 2023, for example, the division secured a settlement to address harassment based on students’ race, sex, sexual orientation and sex stereotypes in the Twin Valley School District in Vermont. In October 2021, the division reached a settlement with the Davis School District in Utah to remedy harassment of Black and Asian American students. 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/.
United States Issues Advisory to Industry on Unmanned Aerial Vehicle Activity Connected to IranRead the Press Release
The Departments of Justice, Commerce, State and Treasury today issued an advisory to alert the international community, private sector, and public to the threat posed by Iran’s procurement, development and proliferation of unmanned aerial vehicles (UAVs).
The advisory informs private industry of key components Iran seeks to develop its UAV program and entities involved in the procurement, production, and proliferation of Iranian UAVs. The advisory also provides recommendations to exporters, manufacturers, distributors, and financial institutions on implementing effective due diligence and internal controls – specifically, relevant to Iran’s UAV-related activities – to ensure compliance with legal requirements across the entire supply chain and to avoid unintentionally contributing to Iran’s UAV programs.
Today’s announcement complements ongoing work by the Justice Department, including its Task Force KleptoCapture and the Disruptive Technology Strike Force. Launched in March 2022, Task Force KleptoCapture enforces the sweeping sanctions, export controls, and other economic countermeasures imposed on Russia for its unprovoked military invasion of Ukraine, in order to disrupt the Russian war machine and hold its enablers accountable – including the transfer of UAVs from Iran being used against the Ukrainian people. Additionally, in February, the Justice Department and Commerce Department’s Bureau of Industry and Security (BIS) created the Disruptive Technology Strike Force, an interagency effort focused on investigating and prosecuting the illicit transfer of sensitive technologies to foreign state adversaries, including Iran.
To encourage corporate disclosures of potential criminal violations of national security laws, including sanctions and export laws, the National Security Division updated its voluntary self-disclosure policy this past March. The Justice Department has also announced the hiring of 25 new prosecutors in the National Security Division to investigate and prosecute sanctions evasion, export control violations, and similar economic crimes.
It is critical the private sector be vigilant in meeting its compliance obligations due to the threat posed by the extensive overseas network of procurement agents, front companies, suppliers, and intermediaries Iran uses to obtain UAV components – all of which employ a variety of methods to evade export controls and sanctions.
The advisory is available here.
U.S. Supreme Court Justice Sotomayor Addresses Latin American Judges at Justice Department’s Judicial Studies InstituteRead the Press Release
Yesterday at the Judicial Studies Institute (JSI) in San Juan, Puerto Rico, U.S. Supreme Court Justice Sonia Sotomayor virtually addressed 22 judges from Argentina, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Panama, and Peru as part of a Department of Justice training program for the judiciaries of the Western Hemisphere. Justice Sotomayor stressed the importance of their contribution to the rule of law in the hemisphere and lauded them for their role in the transformation of Latin American justice.
JSI Program Manager Vivian Durieux Rodriguez (third row, far right, standing), Dean of Interamerican University School of Law Julio Fontanet (third row, first on the far left), and JSI Program Analyst Suzette Escamilla Morales (second row, far right, standing) with the 22 participant judges during the special session.With the support of Justice Sotomayor, and in partnership with the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs, the Justice Department’s Office of Prosecutorial Development, Assistance and Training (OPDAT) launched JSI in 2012 as a response to the wave of justice sector reforms in Latin America that saw many countries transition from an inquisitorial to an adversarial system of justice. Through Spanish instruction, practical exercises, and observations of courtroom proceedings, participating judges learned about evidentiary guidelines, the role of judges, courtroom management in an adversarial justice system, human smuggling, and judging without gender bias, among other important topics.
This capacity building is critical to the region as there are significant differences between the two judicial system models. For example, in an inquisitorial system, judges investigate charges and determine guilt through written deliberations behind closed doors. In an adversarial system, the judge acts as an impartial referee responsible for weighing evidence and guaranteeing the rights of both the victim and the accused in an open courtroom setting. JSI offers judges practical skills, and JSI alumni become agents of change within their judiciary. Many have been able to impart what they have learned through trainings within their own judiciary system and at OPDAT-sponsored events.
Since establishing JSI in 2012, OPDAT and its partners at the University of Puerto Rico and Inter-American University law schools, the Puerto Rico State Judiciary, and the U.S. Federal Judiciary have trained over 1,114 Latin American judges.
Please visit www.justice.gov/criminal-opdat for more information about OPDAT’s capacity building efforts around the world.
Justice Department Announces Improvements to Conditions in Erie County Holding Center and Erie County Correctional FacilityRead the Press Release
The Justice Department announced today that it has joined with Erie County, New York, to request that the U.S. District Court for the Western District of New York terminate the consent decree regarding the Erie County Holding Center and the Erie County Correctional Facility. The county successfully achieved substantial compliance with the decree and maintained compliance for more than 18 months, as required by the decree. If the U.S. District Court grants the parties’ joint motion, it will end federal compliance monitoring and return oversight of the facilities back to the county.
“Under the consent decree, Erie County made fundamental improvements to conditions in the Erie County Holding Center and the Erie County Correctional Facility,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Although the Erie County facilities continue to face the same challenges as other jails in caring and treating for people with serious medical and mental health issues, more than a decade of hard work has significantly improved how care and treatment is provided inside these facilities. The Civil Rights Division will continue to prioritize addressing and improving conditions inside jails and prisons across the country.”
The department brought this case under the Civil Rights of Institutionalized Persons Act (CRIPA), which prohibits a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities. Specifically, the department found systemic deficiencies related to suicide prevention, medical care and mental health care which resulted in preventable death of incarcerated individuals. The facilities also had fundamentally inadequate policies and practices related to the use of force and the protection of incarcerated individuals from violence and sexual misconduct. These problems were exacerbated by a flawed housing classification system.
Since the District Court entered the consent decree in August 2011, the county has made substantial progress in the facilities’ medical and mental health programs, protection of incarcerated individuals from harm, and environmental health and safety. For example:
- The county has established a Medical Review Committee that oversees the implementation of medical policies and procedures, performs quarterly quality management reviews of the sick call process and analyzes medical data to ensure access to quality care.
- The county has developed a Stabilization Treatment Unit designed for the therapeutic benefit of individuals with serious mental illness. In addition, the county has implemented provisions of the consent decree requiring constant observation and frequent assessments by mental health professionals for individuals requiring a crisis level of care, who may be at risk of suicide. This program is overseen by a constant observation treatment team, which reviews the cases of all individuals in the program as well as those recently discharged.
- The county implemented a detox program administered by a nurse practitioner with specialized training on the management of this high-risk population. The detox program recently added a Medication-Assisted Treatment program, which addresses potentially life-threatening risks for individuals experiencing opiate withdrawal.
- The county appointed a senior-level staff person to serve as the sexual abuse prevention coordinator and supervise improvements in policies, staff training and education of incarcerated individuals.
- The county improved its staff training on use of force, and all uses of force are now reported to the New York State Commission of Correction. These reports are then reviewed by an independent auditor to ensure they are consistent with accepted correctional practices.
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt/special-litigation-section. Individuals who believe their civil rights may have been violated may file a complaint at www.civilrights.justice.gov.
Statement from Attorney General Merrick B. Garland on Supreme Court Decision in Allen v. MilliganRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland on the Supreme Court’s decision in Allen v. Milligan:
“Today’s decision rejects efforts to further erode fundamental voting rights protections, and preserves the principle that in the United States, all eligible voters must be able to exercise their constitutional right to vote free from discrimination based on their race.
The right to vote is the cornerstone of our democracy, the right from which all other rights ultimately flow.
Over the past two years, the Justice Department has rededicated its resources to enforcing federal voting rights protections. We will continue to use every authority we have left to defend voting rights. But that is not enough. We urge Congress to act to provide the Department with important authorities it needs to protect the voting rights of every American.”
Statement from Attorney General Merrick B. Garland in Honor of Pride MonthRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland in honor of Pride Month:
“As we recognize Pride Month and celebrate the LGBTQI+ community, the Justice Department renews its commitment to protecting the rights of every person to live free from discrimination and persecution based on who they are or who they love. The Justice Department is proud to stand in defense of the rights to which LGBTQI+ individuals, and all people in our country, are entitled.”
Fact Sheet: Justice Department Efforts to Protect the LGBTQI+ Community
The Justice Department works every day to ensure the rights of LGBTQI+ people are recognized and protected. Members of the LGBTQI+ community must be able to live their lives free from discrimination, harassment, violence, and threats of violence. The Justice Department prioritizes addressing threats and discrimination against LGBTQI+ people in the workplace, at doctor’s offices, in their schools, communities, and more.
Prosecuting hate crimes based on LGBTQI+ status. As recent FBI statistics confirm, hate crimes are on the rise, including hate crimes targeting members of the LGBTQI+ community. The Justice Department is pursuing those who commit acts of hate based on sexual orientation or gender identity to the fullest extent of the law. For instance, the Justice Department has:
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Obtained a conviction of a Montana man of hate crimes for firing an AK-style assault rifle at the residence of a woman who identified as a lesbian and was home at the time. The defendant was on a self-described mission to rid the town of its lesbian and gay community;
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Charged two South Carolina men with hate crimes and obstruction offenses for the murder of a transgender woman because of her gender identity;
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Obtained a 45-year sentence against a Louisiana man who was convicted of kidnapping and attempting to murder a gay man as part of a hate crime scheme targeting users of a dating app for gay men;
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Secured a 21-year sentence against a Missouri man for committing a hate crime by shooting a local teenager eight times in an attempted murder because of his sexual orientation;
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Charged a Texas man for threatening a Boston doctor providing care to members of the transgender community; and
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Obtained a conviction against a Washington man who pleaded guilty to one count of committing a hate crime for the arson of an LGBTQ+ bar and nightclub in Seattle.
Educating the public about protecting the LGBTQI+ community. The Justice Department and FBI are conducting outreach to share information about practical steps to protect the LGBTQI+ community from hate-motivated attacks and threats of violence.
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On Sept. 27, 2022, the Justice Department’s Civil Rights Division and the FBI hosted a meeting with national LGBTQI+ groups about protecting LGBTQI+ communities in light of the increase in hate-motivated attacks and threats of violence. The event served as an opportunity to connect law enforcement leaders with civil rights leaders and exchange ideas, raise awareness, and find new points of collaboration.
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On March 30, the Justice Department’s Civil Rights Division, Community Relations Service (CRS) wide that addressed practical steps for protecting LGBTQI+ communities from hate-motivated attacks and threats of violence. The Justice Department and FBI shared information about steps to take in the event of an emergency, suspected hate crime, or threat of violence, and proactive measures to protect organizations, facilities, and communities. The webinar built on themes discussed at the September 2022 meeting with national LGBTQI+ groups.
Combating discrimination and harassment against LGBTQI+ people. The Department of Justice is also working to protect the rights of all LGBTQI+ people to live free of harassment and discrimination at school, at work, at home, and in their communities. For example, the Civil Rights Division has:
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Resolved allegations of harassment and a hostile environment based in part on sexual orientation in a Vermont school district, and filed amicus briefs supporting a school’s decision to require employees to use the names and pronouns that match transgender students’ gender identities in Indiana, and a transgender boy’s right to use the boys’ restroom at his school in Florida;
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Filed briefs in support of a transgender employee of a state prison in Georgia who suffered intentional misgendering and harassment in the workplace, a teacher in Maine who alleged her employer discriminated against her because of her advocacy for LGBTQI+ people, and a former Georgia deputy sheriff whose employer-sponsored health insurance did not cover treatment of gender dysphoria;
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Filed an amicus brief in the Supreme Court supporting the right of LGBTQI+ people to access public accommodations;
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Challenged an Alabama law making it more difficult for transgender people to obtain driver’s licenses that reflect their gender identity;
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Brought a lawsuit against the owners and managers of a rental property in Wisconsin for harassing a tenant because of his sexual orientation, and reached a landmark $4.5 million settlement in a lawsuit against a New Jersey landlord who sexually harassed both female tenants and tenants who were gay or bisexual men; and
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Filed a statement of interest supporting the right of transgender inmates to safe living conditions and necessary medical treatment in Georgia prisons.
Defending transgender youth. The Justice Department has intervened or filed statements of interest supporting multiple challenges to state laws that restrict the rights of transgender youth and has educated the public about the rights of transgender youth. For example, the Civil Rights Division has:
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Challenged discriminatory laws in Alabama and Tennessee that deny necessary medical care to transgender youth, including in instances when parents consent to that care;
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Filed statements of interest and amicus briefs in support of litigation challenging similar bans on medical care for transgender youth in Arkansas and Kentucky;
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Filed a statement of interest and an amicus brief in support of a transgender girl’s challenge to West Virginia’s law that banned her from playing on school sports teams consistent with her gender identity; and
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In collaboration with the Departments of Education and Health and Human Services, issued a back-to-school message of support for transgender students.
The Justice Department also issued a letter to all state attorneys general notifying them that transgender youth have federal constitutional and statutory protections that shield them from discrimination, including efforts to restrict access to gender-affirming health care.
Improving law enforcement response to LGBTQI+ crime victims. The Department of Justice issued updated guidance to help law enforcement agencies improve their response to sexual assault and gender violence by identifying gender bias. Sexual assault and domestic violence are crimes that disproportionately harm women, girls, and LGBTQI+ people in the United States. The updated guidance addresses the ways that gender bias can intersect with other forms of bias to disproportionately affect survivors from marginalized communities, including the LGBTQI+ community. The Community Relations Service will also partner with state and local law enforcement agencies to increase the number of law enforcement officers who have completed CRS’s training programs on engaging with transgender and non-binary youth and building relationships with transgender communities.
Supporting organizations that serve LBGTQI+ victims and survivors. The Department’s Office on Violence Against Women (OVW) has made it a priority to improve outreach, services, civil and criminal justice responses, prevention, and support for survivors of domestic violence, dating violence, sexual assault, and stalking from underserved communities, particularly LGBTQI+ survivors and others from historically marginalized communities. Through its Grants for Outreach and Services to Underserved Populations and its Training and Technical Assistance Initiative, OVW funds numerous projects and organizations, including:
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An Albany, New York, based organization serving LGBTQI+ people of color, to provide services to survivors of domestic violence, dating violence, sexual assault, and stalking in upstate New York, many of whom are transgender or gender non-conforming.
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A network of organizations in Orlando, Florida, to expand outreach and victim services for LGBTQI+ survivors of sexual assault in Central Florida.
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A community coalition in Pennsylvania, to address long-term safety and stability for LGBTQI+ survivors of color, build the capacity of service providers to provide culturally appropriate services, and develop culturally and linguistically appropriate materials, and provide housing assistance.
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A Milwaukee organization, to provide mental health counseling, case management, support groups, safety planning, advocacy services, and economic resources to LGBTQI+ survivors of domestic violence, dating violence, sexual assault, or stalking.
Additionally, OVW is administering grants supporting LGBTQI+ organizations and LGBTQI+ community-specific services through the Violence Against Women Reauthorization Act of 2022 and its STOP Formula Grant program.
Addressing discrimination based on HIV status. The Justice Department has brought lawsuits addressing discrimination based on HIV status, which is a disability under the Americans with Disabilities Act (ADA). For instance, the Justice Department:
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Resolved claims that two doctors in California and nine dental offices in North Carolina violated the ADA by refusing to provide routine medical care to patients with HIV;
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Brought suit against a town in Indiana after the police department unlawfully revoked a job offer to a qualified police officer because of his HIV status;
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Resolved allegations against an in-home caregiving company in Wisconsin that refused to provide services to an individual with HIV; and
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Reached a settlement with the state of Nevada to ensure that Nevada Department of Corrections inmates are not illegally segregated or otherwise discriminated against on the basis of their HIV status.
More information about the Justice Department’s work to uphold and protect the civil and constitutional rights of LGBTQI+ people is available online at www.justice.gov/crt/lgbtqi-working-group. Complaints about discriminatory practices may be reported to the Civil Rights Division at www.civilrights.justice.gov.
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Justice Department Secures Settlement with Domino’s Pizza Franchisee to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Maryland-based Treacy Enterprises Inc., which owns and operates several Domino’s Pizza franchises (Treacy Enterprises). The settlement resolves the department’s determination that Treacy Enterprises violated the Immigration and Nationality Act (INA) by requiring a non-U.S citizen worker to provide more documents than necessary to prove his permission to work, even though he had already shown sufficient documentation.
“While employers must verify every new hire’s permission to work in the United States, they can’t require unnecessary documents or discriminate based on someone’s citizenship status or national origin in the process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to fight to remove discriminatory barriers to employment.”
The department’s investigation began when a lawful permanent resident worker complained that Treacy Enterprises was requiring him to provide additional and unnecessary documentation to prove his permission to work instead of accepting the valid documentation he had already presented. The department determined that Treacy Enterprises discriminated against the worker by (1) demanding additional documentation to prove he could work rather than accepting the valid documents the worker had already provided and (2) requiring that the worker prove his citizenship status by showing a Permanent Resident Card (also known as a green card). Federal law allows workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. Employers cannot demand more documents than necessary or specific documentation as part of this process.
Under the settlement, Treacy Enterprises will pay a civil penalty to the United States. The agreement also requires the company to train its human resources staff on the INA’s requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute 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. Find more information on how employers can avoid discrimination when verifying permission to work on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
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