District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Former West Virginia Parole Officer Sentenced for Witness TamperingRead the Press Release
A former West Virginia regional director of parole for the West Virginia Division of Corrections and Rehabilitation in Parkersburg, West Virginia, was sentenced yesterday in federal court in the Southern District of West Virginia to 87 months’ imprisonment and three years’ supervised release for witness tampering.
David Jones, 51, admitted that earlier this year, he deliberately withheld information and lied to state and federal investigators during their investigations of sexual misconduct by a state parole officer whom Jones supervised. Jones also admitted that, on multiple occasions from 2020 to this year, he repeatedly instructed a witness in the same investigation to lie to federal investigators and to destroy and withhold evidence. Specifically, Jones admitted both that he encouraged the witness to delete recordings she had of the parole officer sexually harassing her and he instructed the witness to delete evidence of his communications with her.
“The defendant interfered with state and federal investigations of egregious sexual misconduct by a state parole officer the defendant was supposed to supervise,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously investigate and hold accountable individuals who obstruct and interfere with federal criminal civil rights investigations.”
“David Jones’ attempt to cover up Anthony DeMetro’s reprehensible conduct makes the victim’s courage all the more commendable,” said U.S. Attorney Will Thompson for the Southern District of West Virginia. “Far too often, survivors of crime don’t seek justice because they are afraid that no one will believe them or that those in authority will betray them as David Jones tried to do in this case. We must be relentless in holding individuals like Mr. Jones accountable for their misconduct while ensuring that survivors are heard, believed, and supported.”
“Mr. Jones crossed a line and abused his position of public trust by asking a witness to lie and delete evidence in a criminal investigation,” said Special Agent in Charge Mike Nordwall of the FBI Pittsburgh Field Office. “As the Regional Director of Parole in West Virginia, he was entrusted to uphold the law. Instead, he attempted to use his official capacity to influence a sexual misconduct investigation. This sentencing is a reminder that the FBI is committed to ensuring those who violate the public’s trust are held accountable.”
The FBI Pittsburgh Field Office investigated the case.
Special Litigation Counsel Kathryn E. Gilbert and Trial Attorney Daniel E. Grunert of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorneys Monica Coleman and Nowles Heinrich for the Southern District of West Virginia prosecuted the case.
Federal Charges Filed Against Washington State Man Caught Trafficking Fentanyl Powder and MethamphetamineRead the Press Release
PORTLAND, Ore.—A Bothell, Washington man is facing federal drug charges after he was caught transporting large quantities of fentanyl powder and methamphetamine on Interstate 5 in Marion County, Oregon.
Edilio Abimael Giron-Rodas, 34, has been charged by criminal complaint with possessing with intent to distribute fentanyl and methamphetamine.
According to court documents, at approximately 9:45am on April 27, 2023, an Oregon State Police (OSP) trooper conducted a traffic stop on a vehicle traveling north on Interstate 5 in Marion County. After Giron-Rodas, the driver, consented to a search of the vehicle, the trooper found large quantities of suspected powdered fentanyl, counterfeit oxycodone pills, and methamphetamine in several shopping bags on the backseat of the vehicle. Field tests later confirmed the bags contained approximately 11½ pounds of powdered fentanyl, 1,000 counterfeit oxycodone pills containing fentanyl, four pounds of methamphetamine, and a small quantity of cocaine.
Giron-Rodas made his first appearance in federal court today before U.S. Magistrate Judge Stacie F. Beckerman. He was ordered detained pending further court proceedings.
This case was investigated by OSP and the U.S. Drug Enforcement Administration. It is being prosecuted by Scott M. Kerin, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Clemency Recipient ListRead the Press Release
Today, President Joseph R. Biden Jr. is commuting the sentences of 31 individuals.
Chiquita Acker – Pearlington, Mississippi
Offense: Possession with intent to distribute 500 grams or more of methamphetamine (Southern District of Mississippi).
Sentence: 120 months of imprisonment, five-year term of supervised release, $5,000 fine (March 16, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $5,000 fine.Kathy Alexander – Kennett, Missouri
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Western District of Missouri).
Sentence: 84 months of imprisonment, five-year term of supervised release (March 13, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Camille Diane Armstrong – Corpus Christi, Texas
Offense: Conspiracy to possess with intent to distribute 84 grams of actual methamphetamine (Southern District of Texas).
Sentence: 120 months of imprisonment, five-year term of supervised release (January 5, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Connie Avalos – Menifee, California
Offense: Conspiracy to distribute methamphetamine (Eastern District of Kentucky).
Sentence: Life imprisonment (November 30, 2009); commuted to 235 months of imprisonment (January 19, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement.Lori Broadway – Winnfield, Louisiana
Offense: Possession with intent to distribute one kilogram or more of heroin (Eastern District of Louisiana).
Sentence: 120 months of imprisonment, five-year term of supervised release (September 8, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Kevin Lee Burdock – Keswick, Iowa
Offense: Conspiracy to distribute at least 500 grams of methamphetamine; possession with intent to distribute marijuana (Southern District of Iowa).
Sentence: Life imprisonment, 10-year term of supervised release (February 2, 2009); amended to 240 months of imprisonment, 10-year term of supervised release (June 24, 2010).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.Bongani Charles Calhoun – Houston, Texas
Offense: Conspiracy to possess with intent to distribute cocaine; attempt to possess with intent to distribute cocaine; possession of a firearm during and in relation to a drug trafficking crime (Western District of Texas)
Sentence: 180 months of imprisonment, five-year term of supervised release (June 21, 2011).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Jennifer Marie Chastain – Delhi, Iowa
Offense: Conspiracy to distribute a mixture or substance containing a detectable amount of methamphetamine (Northern District of Iowa).
Sentence: 121 months of imprisonment, three-year term of supervised release (June 13, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.Aaron Courter – Evansville, Indiana
Offense: Conspiracy with intent to distribute and to distribute 500 grams or more of methamphetamine (Southern District of Indiana).
Sentence: 87 months of imprisonment, three-year term of supervised release (October 20, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.Catherine Crotts – Mulberry, Florida
Offense: Distribution of five grams or more of methamphetamine (Middle District of Florida).
Sentence: 120 months of imprisonment, five-year term of supervised release (September 20, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Scottie Ladon Dixon – Atmore, Alabama
Offense:- Supervised release violation (conspiracy to possess with intent to distribute crack cocaine);
- Conspiracy to possess with intent to distribute crack cocaine (Southern District of Alabama).
Sentence:
- 33 months of imprisonment (concurrent) (May 18, 2010);
- Life imprisonment, 10-year term of supervised release (May 18, 2010); commuted to 221 months of imprisonment, 10-year term of supervised release (August 3, 2016).
Commutation Grant: Total sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.
Samuel Gemple – Fort Wayne, Indiana
Offense: Conspiracy to distribute and to possess with intent to distribute 100 kilograms or more of marijuana (Northern District of Indiana).
Sentence: 120 months of imprisonment, eight-year term of supervised release (February 2, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the eight-year term of supervised release.Mario Francisco Gomez, Jr. – Laredo, Texas
Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine, aiding and abetting (Eastern District of Michigan).
Sentence: 120 months of imprisonment, five-year term of supervised release (January 30, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Daniel Graap – Wausau, Wisconsin
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Western District of Wisconsin).
Sentence: 120 months of imprisonment, five-year term of supervised release (June 30, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Lisa Gribble – La Fayette, Georgia
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Eastern District of Tennessee).
Sentence: 150 months of imprisonment, five-year term of supervised release (March 19, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Andre Richard Harris – Detroit, Michigan
Offense: Possession with intent to distribute five kilograms or more of cocaine (Northern District of Alabama).
Sentence: 120 months of imprisonment, five-year term of supervised release (October 10, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Bart Hyde – Clinton, Iowa
Offense: Conspiracy to manufacture and distribute methamphetamine (Southern District of Iowa).
Sentence: 235 months of imprisonment, five-year term of supervised release (November 4, 2011); amended to 188 months of imprisonment, five-year term of supervised release (September 18, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Rebecca Lawrence – Omega, Georgia
Offense: Conspiracy to possess with intent to distribute methamphetamine (Middle District of Georgia).
Sentence: 120 months of imprisonment, five-year term of supervised release (October 26, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Rogelio Murillo – Riverview, Florida
Offense: Possession with intent to distribute a quantity exceeding 100 kilograms, that is, approximately 194 kilograms of marijuana (Southern District of Texas).
Sentence: 108 months of imprisonment, five-year term of supervised release, $5,000 fine (June 20, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $5,000 fine.Ricky Lee Newton – Otisville, Michigan
Offense: Conspiracy to possess more than 100 kilograms but less than 1,000 kilograms of marijuana (with intent to distribute) (Eastern District of Michigan)
Sentence: 360 months of imprisonment, eight-year term of supervised release, $20,000 fine (December 19, 2002).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $20,000 fine.Shawn Paaaina – Ewa Beach, Hawaii
Offense: Conspiracy to distribute and to possess 50 grams or more of methamphetamine and 500 grams or more of cocaine with intent to distribute (District of Hawaii).
Sentence: 78 months of imprisonment, five-year term of supervised release (September 24, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Robert Raymond Palmer – Waynesboro, Mississippi
Offense: Conspiracy to possess with intent to distribute methamphetamine (Southern District of Alabama).
Sentence: 89 months and 23 days of imprisonment, four-year term of supervised release (July 28, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the four-year term of supervised release.Gregory Todd Peasley – Onawa, Iowa
Offense: Conspiracy to distribute 50 grams or more of actual methamphetamine (Northern District of Iowa).
Sentence: 150 months of imprisonment, five-year term of supervised release (May 11, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Maria Peterson – New York, New York
Offense: Conspiracy to distribute and possess with intent to distribute heroin; distribution and possession with intent to distribute heroin (District of New Jersey).
Sentence: 60 months of imprisonment, three-year term of supervised release (March 20, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.Samuel Rivera – Utica, New York
Offense: Conspiracy to possess with intent to distribute and to distribute cocaine (Northern District of New York).
Sentence: 120 months of imprisonment, five-year term of supervised release (April 5, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.German Roman-Oliver – Grove City, Ohio
Offense: Conspiracy to distribute over 500 grams of cocaine (Southern District of Ohio).
Sentence: 192 months of imprisonment, five-year term of supervised release (March 8, 2012).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Vickie Sanders – Olney, Illinois
Offense: Conspiracy to manufacture methamphetamine; attempt to manufacture methamphetamine; possession of pseudoephedrine knowing it would be used to manufacture a controlled substance – methamphetamine (four counts) (Southern District of Illinois).
Sentence: 120 months of imprisonment, eight-year term of supervised release, $300 fine (May 9, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the eight-year term of supervised release and the unpaid remainder, if any, of the $300 fine.Phillip Steely – Morris Chapel, Tennessee
Offense: Conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine (Western District of Tennessee).
Sentence: 121 months of imprisonment, five-year term of supervised release (June 18, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Ryan Vick – Cedar Rapids, Iowa
Offense: Conspiracy to distribute 50 grams or more of actual methamphetamine or 500 grams or more of a mixture containing a detectable amount of methamphetamine after having been previously convicted of a felony drug offense (Northern District of Iowa).
Sentence: 235 months of imprisonment, 10-year term of supervised release (March 1, 2012); amended to 211 months of imprisonment, 10-year term of supervised release (September 20, 2012).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.Gregory Warrick – Capital Heights, Maryland
Offense:
- Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine (District of Maryland);
- Attempted possession with intent to distribute a controlled substance (cocaine) (District of Columbia Superior Court).
Sentence:
- 168 months of imprisonment, five-year term of supervised release (April 28, 2014);
- 18 months of imprisonment (concurrent), five-year term of supervised release (June 13, 2014).
Commutation Grant: Total sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.
Raymond Washington – Corinth, Texas
Offense: Conspiracy to possess with intent to distribute cocaine (Eastern District of Texas).
Sentence: 276 months of imprisonment, 10-year term of supervised release (October 19, 2011); amended to 240 months, 10-year term of supervised release (May 25, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.Beverly Hills Plastic Surgeon Agrees to Pay Nearly $24 Million to Settle False Claims Act AllegationsRead the Press Release
A plastic surgeon in Beverly Hills, California, along with his son, medical practices, and billing company, have agreed to pay $23.9 million to resolve allegations that they violated the False Claims Act by submitting or causing the submission of false claims to both Medicare and Medicaid.
The settlement announced today resolves allegations that Dr. Joel Aronowitz; Daniel Aronowitz; Joel A. Aronowitz, M.D., a medical corporation; Tower Multi-Specialty Medical Group; Tower Wound Care Center of Santa Monica, Inc.; Tower Outpatient Surgery Center, Inc.; and Tower Medical Billing Solutions (the settling parties) falsified the place of service for skin grafts and billed multiple times for single-use skin substitute products. The United States contends that the Settling Parties manipulated the place of service code on claims for skin grafts to fraudulently maximize reimbursement from Medicare and Medicaid. The United States further contends that Dr. Aronowitz failed to properly dispose of unused portions of single-use skin graft materials and, instead, used them in later procedures involving other Medicare and Medicaid beneficiaries, resulting in thousands of instances of double billing.
“When health care providers violate federal health care program requirements, they undermine the integrity of these programs and waste taxpayer dollars,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s commitment to preventing providers from misappropriating public funds for their own private gain.”
“Our investigation revealed a long-running practice to illegally maximize profits, ultimately costing public health programs millions of dollars,” said U.S. Attorney Martin Estrada for the Central District of California. “The Medicare and Medicaid programs are taxpayer-funded programs, and we are committed to wiping out abuses that line the pockets of unscrupulous providers.”
In connection with the settlement, the Department of Health and Human Services Office of Inspector General (HHS-OIG), negotiated the voluntary exclusion of Dr. Aronowitz and Tower Multi-Specialty Medical Group from Medicare, Medicaid, and all other federal health care programs, as defined in 42 U.S.C. § 1320a-7b(f), for a period of 15 years. Daniel Aronowitz will be excluded for three years.
“HHS-OIG, along with our law enforcement partners, is committed to holding providers accountable for defrauding federal health care programs,” said Special Agent in Charge Timothy B. DeFrancesca of HHS-OIG. “Those who egregiously exploit Medicare and Medicaid put their personal financial gain before patients’ needs and safety.”
Medicaid is funded jointly by the states and the federal government. The state of California paid for a portion of the Medicaid claims at issue and will receive a total of approximately $497,619 from the settlement.
The civil settlement includes the resolution of claims brought under the qui tam, or whistleblower, provisions of the False Claims Act by parties that worked for Dr. Aronowitz and his associated medical practices and businesses: TDP, a billing company, Dr. Jason Morris, a podiatrist, and Harold Bautista, a billing department employee. Under the qui tam provisions, a private party can file an action on behalf of the government and receive a portion of any recovery. The civil lawsuits are captioned as follows: United States ex rel. TDP RCM Servs., LLC v. Aronowitz, et al. (C.D. Cal.), United States ex rel. Morris, et al. v. Tower Wound Care Ctr. of Santa Monica, Inc., et al. (C.D. Cal.), and United States ex rel. Bautista et al. v. Tower Outpatient Surgery Center, Inc., et al. (C.D. Cal.). The amount to be recovered by the private parties has not been determined.
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Central District of California and the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section. HHS-OIG assisted in the investigation.
The matter was handled by Assistant U.S. Attorney Aaron Ezroj for the Central District of California and Trial Attorney Lyle Gruby of the Civil Division. The exclusions of the individual and entity were negotiated by Senior Counsel Patrice Drew of the HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Texas Tax Preparer Sentenced for False ReturnsRead the Press Release
A Texas woman was sentenced today to 27 months in prison for willfully assisting clients in the preparation and filing of false tax returns with the IRS.
According to court documents, between 2014 and 2017, Adela Cruz operated a business in Uvalde County preparing tax returns. To inflate her clients’ refunds, Cruz claimed on those returns false education credits, dependents, and business profits or losses. Cruz did not sign these false returns as the preparer, but rather concealed her involvement by using fictitious taxpayer emails. Cruz also claimed false education credits on her own tax returns for 2015 and 2016.
In addition to the term of imprisonment, U.S. District Judge David Counts ordered Cruz to serve one year of supervised release and to pay a $1,500 fine and $129,239 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jaime E. Esparza for the Western District of Texas made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorneys Robert A. Kemins and Nicholas J. Schilling, Jr., of the Justice Department’s Tax Division are prosecuted the case.
Tesoro to Pay $27.5 Million for Violating Previous Court Order Requiring it to Reduce Air Pollution at Its Martinez, Calif. RefineryRead the Press Release
The Department of Justice and the Environmental Protection Agency (EPA) today announced that Tesoro Refining and Marketing Company will pay a $27.5 million penalty for violating a 2016 consent decree ordering the company to reduce air pollution at its petroleum refinery in Martinez, California. In particular, according to today’s settlement, Tesoro failed to limit air emissions of nitrogen oxides (NOX), a pollutant that contributes to smog.
The settlement requires Tesoro to adhere to strict pollution controls at the facility. The facility is currently undergoing conversion into a renewable fuels plant, which will use renewable sources such as vegetable oils to produce fuels instead of crude oil. The settlement also sets up a framework for additional pollutant reductions, including significant climate co-benefits. Specifically, the settlement requires Tesoro to forego hundreds of annual emission credits that it could otherwise sell to area sources who could then increase their emissions.
“Today, we are holding Tesoro accountable for its failure to implement court-ordered pollution controls,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement requires Tesoro to forfeit substantially more air emission credits than the excess emissions associated with its violations, resulting in cleaner air for those who live and work in the San Francisco area.”
“Tesoro did not meet the consent decree pollution limit because it did not install adequate pollution controls,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “As this settlement shows, EPA will seek substantial penalties when companies delay installing appropriate pollution controls to meet environmental obligations.”
In May 2020, Tesoro suspended operations at the Martinez refinery and then announced its plan to convert the refinery to a renewable fuels plant. Today’s agreement includes requirements to limit air pollution from the future renewable fuels plant. The agreement does not prohibit Tesoro from resuming petroleum refining, but if it does so, Tesoro must install specific air pollution control technology, at an expected cost of $125 million, to ensure stringent NOX emission limits are met.
“Tesoro failed to meet its requirement to reduce air pollution at the Martinez refinery, and EPA is now taking firm action to hold Tesoro accountable,” said Regional Administrator Martha Guzman of the EPA Pacific Southwest. “This settlement ensures that Tesoro complies with stringent air pollution limits, to protect neighboring communities regardless of fuel type.”
To mitigate pollution resulting from its violation of the 2016 consent decree, Tesoro agreed to surrender most of its existing NOX emission trading credits. Tesoro also agreed to forego almost all trading credits from the shutdown of petroleum refining equipment should it convert to a renewable fuels plant. A company can receive emission credits by shutting down equipment and then apply such credits to offset emissions from new projects or trade such credits to other companies for their use. By requiring Tesoro to surrender existing credits and forego petroleum-related shutdown credits if it converts to a renewable fuels plant, the settlement prevents Tesoro and other local sources from using these credits. As a result, the settlement filed today will limit emissions in the San Francisco Bay area.
Specifically, if Tesoro resumes petroleum refining, the settlement requirements will reduce annual air emissions by about 261 metric tons of NOX. If Tesoro converts the facility to a renewable fuels plant, the settlement will result in annual air emissions reductions of about 440 tons of NOX, 327 tons of sulfur dioxide, 697 tons of carbon monoxide, 69 tons of volatile organic compounds, 301 tons of fine particulate matter and the equivalent of 1,342,025 tons of carbon dioxide.
The terms of a 2016 federal consent decree, which resolved Clean Air Act violations at the Martinez refinery and five other refineries nationwide, established emission limits for multiple pollutants including NOX. The settlement announced today, which will modify the 2016 settlement, includes new requirements that apply whether Tesoro chooses to reopen the Martinez facility as a petroleum refinery or a renewable fuels plant.
There will be a 30-day public comment period on the modification to the 2016 settlement. Information on how to comment on the modification will be available in the Federal Register and at www.justice.gov/enrd/consent-decrees.
For more information on the 2016 federal consent decree and today’s agreement, go to 2023 Tesoro Martinez Clean Air Act Settlement Information Sheet | US EPA.
Readout of Assistant Attorney General Kristen Clarke’s Trip to Little Rock and Pine Bluff, ArkansasRead the Press Release
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division traveled to Little Rock and Pine Bluff, Arkansas, on April 24 and 25 to continue the Civil Rights Division’s tour to engage with stakeholders in underserved communities and reaffirm the department’s commitment to protecting the civil rights of all Americans. U.S. Attorney Jonathan Ross for the Eastern District of Arkansas joined her for the meetings and events on both days.
On Monday, Assistant Attorney General Clarke visited the historic Little Rock Central High School, where she met with Principal Nancy Rousseau and students to discuss careers in civil rights and the Civil Rights Division’s efforts to enforce federal civil rights laws. This school year marks 65 years since the desegregation of the school. After her visit at the high school, she took a tour of the Little Rock Central High School National Historic Site.
In the afternoon, Assistant Attorney General Clarke participated in a fireside chat with President Roderick L. Smothers Sr., school leadership and students at Philander Smith College, an HBCU founded in 1877. She discussed her career as a civil rights attorney and the department’s efforts to address economic justice issues, including housing discrimination. She also encouraged the students to continue to use their voices to advance racial justice and racial equity.
After her visit to Philander, Assistant Attorney General Clarke met with the U.S. Attorney’s Office for the Eastern District of Arkansas. She thanked the office’s leadership and staff for their service and commitment to protecting civil rights.
She ended the day at the Willie Hinton Community Center for a community conversation with Little Rock Mayor Frank Scott Jr., Police Chief Heath Helton and local stakeholders to hear about local civil rights and racial equity concerns, including modern-day redlining, fair housing and issues impacting small businesses.
On Tuesday, Assistant Attorney General Clarke traveled to Pine Bluff to meet with Mayor Shirley Washington and Police Chief Denise Richardson. She reiterated the Justice Department’s commitment to work with local leaders to address civil rights and racial equity issues.
In the afternoon, she met with University of Arkansas at Pine Bluff Chancellor Laurence B. Alexander and participated in a fireside chat with students as the school marked its 150th anniversary. She encouraged the students to pursue careers in government and public service, and discussed the division’s broad civil rights enforcement efforts, including work to address law enforcement misconduct, and ongoing work to protect voting rights in Arkansas.
Assistant Attorney General Clarke ended her trip by joining Mayor Washington at a community listening session with dozens of local leaders, faith leaders and long-time residents, where she discussed the department’s broad efforts to combat hate crimes, ensure educational opportunity and address modern-day redlining.
In the upcoming weeks, Assistant Attorney General Clarke will travel to Mississippi and South Carolina to continue meeting with stakeholders in underserved communities.
Assistant Attorney General Clarke with U.S. Attorney Ross speaking to a teacher at Little Rock Central High School. Assistant Attorney General Clarke touring the Little Rock Central High School National Historic Site. Assistant Attorney General Clarke speaking at fireside chat at Philander Smith College. Assistant Attorney General Clarke speaking at fireside chat at University of Arkansas Pine Bluff. Assistant Attorney General Clarke, U.S. Jonathan Ross and Mayor Shirley Washington at community meeting in Pine Bluff. Assistant Attorney General Clarke, U.S. Jonathan Ross and staff from the U.S. Attorney’s Office for the Eastern District of Arkansas.Former Mississippi Department of Corrections Official Pleads Guilty to Using Excessive Force Against an InmateRead the Press Release
A former case manager with the Mississippi Department of Corrections pleaded guilty yesterday before U.S. District Court Judge Tom Lee for using excessive force against an inmate, involving the use of a dangerous weapon and resulting in bodily injury.
According to court documents and information presented in court, on July 11, 2019, Nicole Moore willfully deprived inmate L.C. of the Eighth Amendment right to be free from cruel and unusual punishment when the defendant, aiding and abetting others, kicked a non-resisting inmate in the head even though L.C. was not resisting.
“When corrections officials working inside jails and prisons violently assault inmates held in their custody, they will be held accountable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division of the Justice Department stands ready to hold all prison officials accountable for violating the Eighth Amendment right of prisoners to be free from cruel and unusual punishment.”
“Those that abuse positions of power will be dealt with accordingly,” said U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi. “This should be a reminder to those responsible for the care and control of inmates, that they too must abide by the laws of this nation.”
“Our citizens serving time for crimes against the public deserve the safety and protection from harm by those officials who are charged with their care,” said Special Agent in Charge Jermicha Fomby for the FBI Jackson Field Office. “Ms. Moore's blatant violation of this trust is a disservice to those in the penal system, the corrections officers who take pride in their profession and citizens in general. The FBI is committed to protecting all citizens of our community.”
Moore faces a maximum penalty of 10 years in prison. Her sentencing is scheduled for July 25.
The FBI Jackson Field Office is investigating the case.
Assistant U.S. Attorney Glenda Haynes for the Southern District of Mississippi and Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section are prosecuting the case.
U.S. Entertainer Convicted of Engaging in Foreign Influence CampaignRead the Press Release
A federal jury convicted a U.S. entertainer and businessman today for orchestrating an unregistered, back-channel campaign beginning in or about 2017 to influence the then-administration of the President of the United States and the Department of Justice to drop the investigation of Jho Low and others for embezzlement and other offenses in connection with the international strategic and development company known as 1Malaysia Development Berhad (1MDB), and to send a Chinese national back to China, as well as conspiring to make and conceal foreign and conduit campaign contributions during the 2012 U.S. presidential election.
According to court documents and evidence presented at trial, Prakazrel “Pras” Michel, 50, of Coconut Creek, Florida, conspired with Low Taek Jho, aka Jho Low, of Malaysia; Elliott Broidy; Nickie Lum Davis; George Higginbotham; and others to engage in undisclosed lobbying campaigns at the direction of Low and the Vice Minister of Public Security for the People’s Republic of China, respectively, to have the 1MDB embezzlement investigation and forfeiture proceedings involving Low and others dropped and to have a Chinese national sent back to China.
“As proven at trial, the defendant engaged in an extensive conspiracy to use millions of dollars in foreign funds to engage in illegal back-channel lobbying and make unlawful campaign contributions,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s verdict demonstrates that anyone who engages in unlawful foreign-sponsored efforts to influence American officials, our elections, or the criminal justice system will be brought to justice.”
“Mr. Michel sought to use his celebrity and access to influence U.S. government officials on behalf of undisclosed foreign interests,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This is an affront to the rule of law, and we will use the full range of tools at our disposal to hold accountable those who would covertly aid foreign actors seeking to interfere with our democratic system of government.”
Michel also conspired with Low to orchestrate and conceal a foreign and conduit contribution scheme in which they funneled millions of dollars of Low’s money into the 2012 U.S. presidential election as purportedly legitimate campaign contributions, all while concealing the true source of the money. Michel received Low’s money and contributed it both personally and through approximately 20 straw donors. Michel also caused a presidential joint fundraising committee and an independent expenditure committee to submit false reports to the Federal Election Commission (FEC). In addition, Michel personally submitted a false declaration to the FEC, conspired to commit money laundering and make false statements to financial institutions related to the foreign influence campaigns, and attempted to cause witnesses to make false statements to and withhold information from law enforcement officials about the scheme.
“Michel played a central role in a wide-ranging conspiracy to improperly influence top government officials, including the then-President of the United States and the then-Attorney General,” said Special Agent in Charge Harry A. Lidsky of the Department of Justice Office of the Inspector General (DOJ-OIG) Cyber Investigations Office. “The DOJ-OIG uncovered this activity in 2017 and led an exhaustive investigation which culminated today with the conviction of the fourth charged conspirator. I would like to thank the members of the jury for their time and careful deliberation of the facts.”
“The defendant brazenly conspired to help a foreign national launder millions of dollars in illegitimate campaign contributions into the 2012 U.S. presidential election,” Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our partners are dedicated to uncovering even the most sophisticated schemes which could undermine our fair and transparent democratic process.”
Michel was convicted of conspiracy, concealment of material facts, making false entries in records, witness tampering, and serving as an unregistered agent of a foreign power. He faces a maximum penalty of 20 years in prison on the top counts. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Broidy pleaded guilty for his role in the scheme on Oct. 20, 2020, in the District of Columbia. He received a full presidential pardon on Jan. 19, 2021.
Higginbotham pleaded guilty for his role in the scheme on Nov. 30, 2018, in the District of Columbia. He will be sentenced at a later date.
Lum Davis pleaded guilty for her role in the scheme on Aug. 31, 2020, in the District of Hawaii. She was sentenced to two years in prison on Jan. 19.
Low was previously indicted and is a fugitive.
The DOJ-OIG and the FBI Los Angeles Field Office and International Corruption Squad in New York investigated the case.
Principal Deputy Chief John D. Keller, Election Crimes Branch Director of Enforcement and Litigation Sean F. Mulryne, and Trial Attorney Nicole R. Lockhart of the Criminal Division’s Public Integrity Section are prosecuting the case.
An indictment is merely a charge. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Three Nevada Men Convicted in Multimillion Dollar Prize Notice SchemeRead the Press Release
A federal jury convicted three Nevada men yesterday for perpetrating a prize-notification scheme that stole more than $6 million from victims. The notices led victims to believe that they could claim a large cash prize if they paid a fee of $20 to $30. This was false; victims who paid the fees did not receive anything of value. Many of the schemes’ victims were retirees or other older adults.
According to court documents and evidence presented at trial, Mario Castro, 55, and Miguel Castro, 58, of Las Vegas, and Jose Luis Mendez, 49, of Henderson, Nevada, produced the fraudulent prize notices at their business in Las Vegas. The three defendants also were partners in companies that sent the fraudulent prize notices. The defendants used money from victims to print and mail prize notices and also received a share of the profits.
“This verdict demonstrates the Department of Justice’s commitment to pursuing and holding accountable those who participate in scams that defraud consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to protecting consumers from deceptive mass-mailing schemes.”
“The defendants mailed fraudulent prize notices to prey upon and trick victims, many of them elderly, out of millions of dollars,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “This guilty verdict should be a warning to individuals who commit fraudulent acts. We are committed to working together with the Civil Division’s Consumer Protection Branch and the U.S. Postal Inspection Service to identify and hold fraudsters accountable. We will continue to protect older Americans and prosecute individuals who seek to carry out fraudulent schemes targeting seniors.”
“Vulnerable and older Americans have been victimized for far too long by individuals who hide in the shadows to commit their crimes,” said Inspector in Charge Eric Shen of U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group. “This verdict unmasks these criminals and holds them to account for their conduct. The U.S. Postal Inspection Service is proud to have contributed to this result and will be relentless in protecting American consumers from fraud through the U.S. Mail.”
The defendants operated the scheme from 2010 to February 2018, when postal inspectors executed multiple search warrants and the Department of Justice obtained a court order shutting down the fraudulent mail operation. Mario Castro, Miguel Castro, and Jose Luis Mendez worked at the printing and mailing businesses that sent the fraudulent mail and shared the profits from the fraudulent prize notices. The defendants and their co-conspirators ignored multiple cease and desist orders from the U.S. Postal Service that prohibited their companies from sending fraudulent mail. The defendants responded by changing the names of their companies and using straw owners to hide their continuing fraud.
Mario Castro was convicted of conspiracy to commit mail fraud and seven counts of mail fraud. He was found not guilty of five counts of mail fraud.
Miguel Castro was convicted of conspiracy to commit mail fraud and five counts of mail fraud. He was found not guilty of seven counts of mail fraud.
Jose Luis Mendez was convicted of conspiracy to commit mail fraud and eleven counts of mail fraud. He was found not guilty of one count of mail fraud.
A fourth defendant, Salvador Castro, was acquitted by the jury on all charges.
The convicted defendants are scheduled to be sentenced on Aug. 23 and face a maximum penalty of 20 years in prison on each count of mail fraud and conspiracy to commit mail fraud. 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 prize notice scheme: Patti Kern, 65, of Henderson, Nevada; Andrea Burrow, 43, of Las Vegas; Edgar Del Rio, 45, of Las Vegas; and Sean O’Connor, 54, of Las Vegas.
The USPIS investigated the case.
Trial Attorneys Timothy Finley and Daniel Zytnick of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Mina Chang for the District of Nevada are prosecuting the case.
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 https://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 https://www.ovc.gov.
Readout of Associate Attorney General Vanita Gupta’s Meeting with Uvalde FamiliesRead the Press Release
On Wednesday April 26, Associate Attorney General Vanita Gupta traveled to Uvalde, Texas, where she and members of the Critical Incident Review team from the Justice Department’s Office of Community Oriented Policing Services (COPS Office) met with families and community members to hear from them and provide an update on the department’s review of the law enforcement response to the horrific mass shooting that took place at Robb Elementary School in Uvalde last May. Earlier in the day, she also met with the mayor.
In the days following the tragedy in Uvalde, the mayor reached out to the Justice Department seeking an independent after-action review. In response to the mayor’s request and in order to provide the families and community members of Uvalde the full accounting they deserve, the department has been conducting a Critical Incident Review of the law enforcement, school, victim services, and other stakeholders’ response to the incident, which will culminate in a written report to be delivered in the next few months. The goal of the review is to provide (1) an independent account of law enforcement and other stakeholder actions and responses; (2) identify lessons learned and best practices to help first responders prepare for and respond to active shooter events; and (3) provide a roadmap for community safety before, during, and after such incidents. This review is consistent with the COPS Office’s Collaborative Reform Initiative and is not a criminal or civil investigation.
Progress Made in the Department’s Review
Since the department officially launched the review on June 8, 2022, a team from the department’s COPS Office has been working closely with ten subject-matter experts with extensive experience in emergency management and active shooter response, school safety, incident command and management, tactical operations, officer safety and wellness, and victim and family support. The review team is examining policies, training, communications, deployment and incident command, tactics, and practices as they relate to preparing for and responding to active shooter events, as well as the post-incident response, including a review of survivor and victim and family support and resources.
In the course of their work thus far, the review team has visited Uvalde nine times, and has spent a total of 30 days there over the past 11 months. They have conducted, viewed, or participated in interviews of over 200 individuals, from more than 30 organizations and agencies, including personnel from the law enforcement agencies involved in the response to the mass shooting, as well as other first responders and medical personnel; family members; victim services providers; communications professionals and public information officers; school personnel; government officials; witnesses; and hospital staff. The team has collected and is analyzing almost 13,000 pieces of evidence, including policies, procedures and training materials from the responding agencies; manuals; many hours of video; photographs; interview transcripts; and other materials relevant to the review. The team has also conducted walkthroughs of Robb Elementary School and observed multiple active-shooter training sessions and meets regularly as a full group and in sub-teams on different topic areas in preparing the forthcoming written report.
Extensive, detailed reviews such as this one take time, and the department is committed to taking that time to provide an accurate and detailed examination of the events, as well as guidance to other agencies and communities moving forward. The department will make its full findings and recommendations publicly available at the completion of the review, which is expected in the coming months.
Resources to Support the Uvalde Community
During the Wednesday meeting, Department of Justice leadership also shared with families and community members that, in advance of the one-year commemoration next month, the Justice Department is offering additional technical assistance and support to the Uvalde community. These additional resources are designed to help the community and local government prepare for and manage the time around the one-year mark, including: (1) intentional and systematic trauma therapy for victims and families, school district staff, and first responders; (2) appropriate, victim-centered, trauma-informed crisis communications; and (3) assistance with operations and planning for large gatherings. The COPS Office will be coordinating with the department’s Office for Victims of Crime (OVC) on counseling and trauma related services.
In addition to these new resources, OVC has been providing no cost expert mass violence training and technical assistance to the Uvalde community, and in October 2022, the COPS Office awarded the Uvalde Independent School District a grant through the School Violence Prevention Program, which includes funding for security training, secured doors and protective gear for law enforcement.
Ohio Man Pleads Guilty to Setting Fire to a ChurchRead the Press Release
An Ohio man pleaded guilty today to violating the Church Arson Prevention Act for setting fire to a house of worship.
Benjamin Ruckel, 25, of Pickerington, pleaded guilty to a single-count information charging him with setting fire to the Mount Zion Church in Baltimore, Ohio, on Nov. 27, 2021. According to court documents, Ruckel broke into the church and spread accelerant before setting the church ablaze, causing extensive damage. During the hearing, Ruckel admitted to intentionally setting the fire because of the religious character of the church.
“The defendant in this case is being held accountable for a devastating church arson that impacted an entire community of worshipers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The freedom to congregate in churches across our nation and the liberty to exercise one’s religious beliefs must be shielded and protected. The Justice Department is committed to protecting our houses of worship and ensuring that all people are able to freely engage in religious practice free from violence and forceful interference.”
“Every resident in the Southern District of Ohio should be free to worship without any criminal acts occurring against them or the place in which they come together to do so,” said U.S. Attorney Kenneth L. Parker for the Southern District of Ohio. “Combatting these types of unlawful acts is a priority for my office, and together with our law enforcement partners, we will continue to vigorously use every criminal enforcement tool at our disposal to address civil rights violations.”
“All Americans have the right to practice their religion without fear,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI will continue to work with our law enforcement partners to defend that right and hold those individuals accountable who would prevent the free exercise of that right.”
The sentencing date has not yet been set. Ruckel faces up to 20 years in prison for the violation of the Church Arson Prevention Act.
The FBI Columbus Field Office investigated the case.
Deputy Criminal Chief Brian Martinez for the Southern District of Ohio and Trial Attorney Daniel E. Grunert of the Civil Rights Division’s Criminal Section are prosecuting the case.
Justice Department Challenges Tennessee Law that Bans Critical, Medically Necessary Care for Transgender YouthRead the Press Release
The Justice Department today filed a complaint challenging Tennessee Senate Bill 1 (SB 1), a recently enacted law that denies necessary medical care to youth based solely on who they are. The complaint alleges that SB 1’s ban on providing certain medically necessary care to transgender minors violates the Fourteenth Amendment’s Equal Protection Clause. The department is also asking the court to issue an immediate order to prevent the law from going into effect on July 1, 2023.
SB 1 makes it unlawful to provide or offer to provide certain types of medical care for transgender minors with diagnosed gender dysphoria. SB 1’s blanket ban prohibits potential treatment options that have been recommended by major medical associations for consideration in limited circumstances in accordance with established and comprehensive guidelines and standards of care. By denying only transgender youth access to these forms of medically necessary care while allowing non-transgender minors access to the same or similar procedures, SB 1 discriminates against transgender youth. The department’s complaint alleges that SB 1 violates the Equal Protection Clause by discriminating on the basis of both sex and transgender status. Doctors, parents and anyone else who provides or offers to provide the prohibited care faces the possibility of civil suits for 30 years and other sanctions.
“No person should be denied access to necessary medical care just because of their transgender status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The right to consider your health and medically-approved treatment options with your family and doctors is a right that everyone should have, including transgender children, who are especially vulnerable to serious risks of depression, anxiety and suicide. The Civil Rights Division of the Justice Department will continue to aggressively challenge all forms of discrimination and unlawful barriers faced by the LGBTQI+ community.”
“SB1 violates the constitutional rights of some of Tennessee’s most vulnerable citizens,” said U.S. Attorney Henry Leventis for the Middle District of Tennessee. “Left unchallenged, it would prohibit transgender children from receiving health care that their medical providers and their parents have determined to be medically necessary. In doing so, the law seeks to substitute the judgment of trained medical professionals and parents with that of elected officials and codifies discrimination against children who already face far too many obstacles.”
Today’s filings are the latest action by the Justice Department to combat LGBTQI+ discrimination, including unlawful restrictions on medical care for transgender youth. On March 31, 2022, Assistant Attorney General Clarke issued a letter to all state attorneys general reminding them of federal constitutional and statutory provisions that protect transgender youth against discrimination. On April 29, 2022, the Justice Department intervened in a lawsuit challenging a law in Alabama (Senate Bill 184) that imposes a felony ban on medically necessary care for transgender minors. As a result of that litigation, the most significant provisions of Alabama’s Senate Bill 184 have been preliminarily halted from going into effect, and the United States continues to challenge its constitutionality.
Additional information about the Civil Rights Division’s work to uphold and protect the civil and constitutional rights of LGBTQI+ individuals is available on its website at www.justice.gov/crt/lgbtqi-working-group. Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at civilrights.justice.gov.
EOIR Announces Appointment of Sheila McNulty as Chief Immigration JudgeRead the Press Release
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Sheila McNulty as the Chief Immigration Judge. Judge McNulty has served EOIR since 2010, including as a part of Office of the Chief Immigration Judge leadership for the past 6.5 years.
“Judge McNulty brings to this critical leadership position an incredible depth of experience and both the skills and desire to improve our immigration court system,” said EOIR Director David L. Neal. “Her understanding of what justice means to judges and to those before them provides a perfect foundation for the critical evaluation of our processes and procedures.”
As Chief Immigration Judge, Judge McNulty will be responsible for applying her knowledge of, and experience in, immigration law and procedures to manage the immigration court system. She will make management decisions regarding staffing and budget and be the lead official overseeing the corps of immigration judges nationwide.
Since March 2021, Judge McNulty has served as a Regional Deputy Chief Immigration Judge. McNulty received a Bachelor of Arts in 1984 from Miami University of Ohio and a Juris Doctor in 1991 from New England School of Law. From November 2015 to March 2021, she served as an Assistant Chief Immigration Judge, and during this time, from February 2020 to March 2021, she also served as Acting Deputy Chief Immigration Judge for the West. From October 2010 to November of 2015, she served as an Immigration Judge at the Chicago Immigration Court. From 2000 to 2010, Judge McNulty served as a Special Assistant U.S. Attorney with the former Immigration and Naturalization Service (INS) and U.S. Immigration and Customs Enforcement, in the Chicago Office of the U.S Attorney’s Office for the Northern District of Illinois. From 1991 to 2000, she served as a trial attorney for the former INS, entering on duty through the Attorney General’s Honors Program. From 1985 until 1988, Judge McNulty worked as a community activist and organizer in Cambridge, Massachusetts. Judge McNulty is a member of the Illinois Bar.
Three Individuals Sentenced for Soliciting Millions of Dollars in Contributions to Scam PACsRead the Press Release
Three individuals were sentenced for orchestrating and implementing a scheme to solicit millions of dollars in contributions to two political action committees (PACs) based on false and misleading representations that the funds would be used to support presidential candidates during and after the 2016 election cycle.
On April 24, Matthew Nelson Tunstall, 36, of Los Angeles, was sentenced to 10 years in prison. Tunstall previously pleaded guilty to one count of conspiracy to commit wire fraud and to cause false statements to the Federal Election Commission and one count of money laundering.
Robert Reyes Jr., 40, of San Juan Bautista, California, was sentenced today to seven years in prison. Reyes previously pleaded guilty to one count of conspiracy to commit wire fraud and to cause false statements to the Federal Election Commission and one count of money laundering.
Kyle George Davies, 31, of Austin, Texas, was sentenced today to five years of probation. Davies previously pleaded guilty to one count of conspiracy to commit wire fraud and to cause false statements to the Federal Election Commission.
According to court documents, from 2016 through at least April 2017, Tunstall, Reyes, and Davies operated two PACs – Liberty Action Group PAC and Progressive Priorities PAC – that solicited contributions from the public via robocalls and radio and internet advertisements. The two PACs represented that the contributions would be used to support the presidential nominees of the two major political parties, respectively. Instead, the co-conspirators used the funds to enrich themselves and to fund additional fraudulent solicitations. Specifically, the two PACs raised approximately $4 million in contributions during the 2016 election cycle and subsequent months.
To conceal the origin and nature of the proceeds, Tunstall and Reyes instructed a third-party vendor to withdraw approximately $353,000 from the two PACs in excess of the payments for services rendered, then deposit the excess payments into accounts held by shell companies that they controlled.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Field Office made the announcement.
The FBI San Antonio Field Office, Austin Resident Agency investigated the case.
Trial Attorneys Michael N. Lang and Celia Choy of the Criminal Division’s Public Integrity Section (PIN) prosecuted the case. Former PIN Trial Attorney Rebecca Schuman also contributed significantly to the investigation.
Readout of U.S. Attorney General Merrick B. Garland’s Meeting with Ukraine Chief Justice Vsevolod KniazievRead the Press Release
U.S. Attorney General Merrick B. Garland met Tuesday in Washington, D.C., with Ukraine Chief Justice Vsevolod Kniaziev.
The Attorney General reaffirmed the Department’s steadfast commitment to accountability for Ukraine. Chief Justice Kniaziev thanked Attorney General Garland for the Justice Department’s support.
In the meeting, Chief Justice Kniaziev spoke about Ukraine’s justice system – the challenges posed by wartime conditions, his dedication to continuity of operations, and Ukraine’s ongoing implementation of justice sector reforms consistent with our countries’ shared democratic values that will deliver justice and uphold the rule of law. Both leaders discussed the need for openness and transparency in ensuring public trust in the judiciary and expanding access to justice, especially in those areas most affected by the war. Chief Justice Kniaziev and Attorney General Garland agreed on the importance of deepening U.S.-Ukraine cooperation to strengthen democracy and to build a judicial system that can provide justice for all, including victims of war crimes and other atrocities.
Also at the meeting was Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Ukraine’s Ambassador to the United States Oksana Markarova.
U.S. Attorney General Garland with Ukrainian Chief Justice Vsevolod Kniaziev and Ukrainian Ambassador to the U.S. Oksana Markarova U.S. Attorney General Garland with Ukrainian Chief Justice Vsevolod KniazievReadout of Deputy Attorney General Lisa O. Monaco’s Trip to California and ColoradoRead the Press Release
Deputy Attorney General (Deputy AG) Lisa O. Monaco traveled to San Francisco, California, and Aurora, Colorado this week to highlight the Justice Department’s forward-leaning approach to disrupting cyber threats and the weaponization of technology, and its efforts to root out sexual abuse at the Bureau of Prisons.
Deputy AG Monaco delivered an opening keynote at RSA Conference 2023, where she discussed the Justice Department’s pivot in its cyber strategy to prioritize near-term disruptions and victim protection. In a conversation moderated by Chris Krebs, the first director of the Cybersecurity and Infrastructure Security Agency (CISA), the Deputy AG emphasized that victim reporting has been integral to the success of disruptive law enforcement actions and stressed that true partnership involves the government and private industry working hand in hand, explaining: “We cannot get after these threats if we’re not working together.”
At the RSA Conference, Deputy AG Monaco also emphasized the Justice Department’s heightened focus on the emerging threat posed by adversaries abusing critical technology and data. Earlier in the day, she led a roundtable discussion, hosted by the Silverado Policy Accelerator, with legal, technology, and venture capital executives to discuss the Department’s partnership with private industry in these efforts, including through the newly created Disruptive Technology Strike Force, a multi-agency effort targeting illicit proliferation of critical technologies and hardening supply chains.
While in San Francisco, the Deputy AG also spoke at a gathering of cybersecurity officials from law enforcement agencies and governments around the world about the importance of strong cross-border collaboration to tackle the cyber threats of today and prepare for those of tomorrow.
In Colorado, Deputy AG Monaco addressed all wardens of the Federal Bureau of Prisons (BOP) during their first in-person training since the onset of the COVID-19 pandemic. She commended the wardens for their dedication to BOP’s dual responsibility to provide safe and humane custodial conditions, and to ensure that those in custody return to their communities fully prepared to be good neighbors. The Deputy AG also echoed the importance of the BOP’s new mission statement announced today by Director Peters, which emphasizes safety, security, normalcy, and reentry.
Speaking during Sexual Assault Awareness month, the Deputy AG thanked the wardens for their commitment to the Department’s ongoing efforts to address sexual misconduct within the BOP. She stressed: “It is only by empowering Bureau officials, at every level, to report abuse; by setting a tone of respect and humanity from the top; by fostering a culture that does not tolerate even one instance of sexual abuse—only then can we make true progress in addressing this problem. Let me be clear: this is a top priority at the highest levels of the Department of Justice, and it must be a top priority for each of you.”
The Deputy AG also announced the creation of the Sexual Abuse Facility Evaluation & Review (SAFER) teams, which will visit women’s facilities in each of the BOP’s six regions to measure progress in implementing the more than 50 recommendations issued last November by a working group of senior Department officials reviewing the issue of sexual abuse at BOP facilities. The SAFER teams, comprised of members of the Department’s standing Advisory Group dedicated to the issue, will deploy over the coming weeks and engage directly with both BOP personnel and incarcerated individuals to ensure a safe environment for all.
New York Attorney Pleads Guilty to Conspiring to Commit Money Laundering to Promote Sanctions Violations by Associate of Sanctioned Russian OligarchRead the Press Release
A New York attorney pleaded guilty today to participating in a scheme to make approximately $3.8 million in U.S. dollar payments to maintain six real properties in the United States that were owned by Viktor Vekselberg, a sanctioned oligarch.
According to court documents, Robert Wise of Pelham, New York, pleaded guilty to one count of conspiring to commit international money laundering, which carries a maximum sentence of five years in prison. Wise also agreed to forfeit more than $3.7 million and to be satisfied by a payment of $210,441. Sentencing is scheduled for Nov. 6.
According to the allegations in the information filed in Manhattan federal court today and other public filings:
On April 6, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated Vekselberg as a Specially Designated National (SDN) in connection with its finding that the actions of the Government of the Russian Federation in Ukraine constituted an unusual and extraordinary threat to the national security and foreign policy of the United States. On or about March 11, 2022, OFAC redesignated Vekselberg as an SDN and blocked Vekselberg’s yacht and private airplane.
Prior to his designation by OFAC, between approximately 2008 and 2017, Vekselberg, through a series of shell companies, acquired six real properties in the United States, specifically, (i) two apartments on Park Avenue in New York, New York, (ii) an estate in Southampton, New York, (iii) two apartments on Fisher Island, Florida, and (iv) a penthouse apartment also on Fisher Island, Florida (collectively, the Properties). As of the date of this information, the Properties were worth approximately $75 million.
Voronchenko, Vekselberg’s longtime associate, retained Wise, an attorney who practiced in New York, New York, to assist in the acquisition of the Properties. Wise also managed the finances of the Properties, including by paying common charges, property taxes, insurance premiums, and other fees associated with the Properties in U.S. dollar transactions from Wise’s interest on lawyer’s trust account (IOLTA account).
In particular, prior to Vekselberg’s designation as an SDN, between approximately February 2009 and March 2018, shell companies owned by Vekselberg sent approximately 90 wire transfers totaling approximately $18.5 million to the IOLTA account. At the direction of Voronchenko and his family member who lived in Russia, Wise used these funds to make various U.S. dollar payments to maintain and service the Properties.
Immediately after Vekselberg’s designation as an SDN, the source of the funds used to maintain and service the Properties changed. The IOLTA Account began to receive wires from a bank account in the Bahamas held in the name of a shell company controlled by Voronchenko, Smile Holding Ltd., and from a Russian bank account held in the name of a Russian national who was related to Voronchenko. Between approximately June 2018 and March 2022, approximately 25 wire transfers totaling approximately $3.8 million were sent to WISE’s IOLTA account. Although the source of the payments changed, the management of the payments remained the same as before: Wise used these funds to make various U.S. dollar payments to maintain and service the Properties, and he did so knowing that he was promoting sanctions violations. Additionally, after Vekselberg was sanctioned in 2018, Voronchenko, Wise, and others tried to sell both the Park Avenue apartment and the Southampton estate. No licenses from OFAC were applied for or issued for these payments or attempted transfers.
An indictment charging co-conspirator Vladimir Voronchenko, aka Vladimir Vorontchenko, who is a fugitive, was unsealed on Feb. 7. A civil forfeiture complaint was filed against the Properties on Feb. 24.
The FBI and Homeland Security Investigations are investigating the case. The Justice Department’s National Security Division and Office of International Affairs, and OFAC provided valuable assistance.
Assistant U.S. Attorneys Jessica Greenwood, Joshua A. Naftalis, and Sheb Swett for the Southern District of New York are prosecuting the case.
The investigation was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls and economic countermeasures that the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2, 2022, and under the leadership of the Office of the Deputy Attorney General, the task force will continue to leverage all of the department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.
Justice Department’s Civil Rights Division Joins Officials from CFPB, EEOC and FTC Pledging to Confront Bias and Discrimination in Artificial IntelligenceRead the Press Release
The Justice Department’s Civil Rights Division and officials from the Consumer Financial Protection Bureau (CFPB), the Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) jointly pledged today to uphold America’s commitment to the core principles of fairness, equality and justice as emerging automated systems, including those sometimes marketed as “artificial intelligence” or “AI,” become increasingly common in our daily lives – impacting civil rights, fair competition, consumer protection and equal opportunity.
“As social media platforms, banks, landlords, employers and other businesses that choose to rely on artificial intelligence, algorithms and other data tools to automate decision-making and to conduct business, we stand ready to hold accountable those entities that fail to address the discriminatory outcomes that too often result,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This is an all hands on deck moment and the Justice Department will continue to work with our government partners to investigate, challenge and combat discrimination based on automated systems.”
“Technology marketed as AI has spread to every corner of the economy, and regulators need to stay ahead of its growth to prevent discriminatory outcomes that threaten families’ financial stability,” said CFPB Director Rohit Chopra. “Today’s joint statement makes it clear that the CFPB will work with its partner enforcement agencies to root out discrimination caused by any tool or system that enables unlawful decision making.”
“We have come together to make clear that the use of advanced technologies, including artificial intelligence, must be consistent with federal laws,” said EEOC Chair Charlotte A. Burrows. “America’s workplace civil rights laws reflect our most cherished values of justice, fairness and opportunity, and the EEOC has a solemn responsibility to vigorously enforce them in this new context. We will continue to raise awareness on this topic; to help educate employers, vendors and workers; and where necessary, to use our enforcement authorities to ensure AI does not become a high-tech pathway to discrimination.”
“We already see how AI tools can turbocharge fraud and automate discrimination, and we won’t hesitate to use the full scope of our legal authorities to protect Americans from these threats,” said FTC Chair Lina M. Khan. “Technological advances can deliver critical innovation – but claims of innovation must not be cover for lawbreaking. There is no AI exemption to the laws on the books, and the FTC will vigorously enforce the law to combat unfair or deceptive practices or unfair methods of competition.”
In the statement, the agencies reaffirmed that their existing legal authorities apply equally to the use of new technologies as they do to any other conduct. The joint statement summarizes recent accomplishments, including policy guidance and enforcement actions, the agencies have taken to combat illegal behavior committed through the use of automated systems. The joint statement also explains common problems related to automated systems, including when those systems rely on data and datasets which incorporate historical bias, that many automated systems are “black boxes” whose internal workings are not clear to most people and that the design of automated systems may not fully contemplate their ultimate use.
Additional information about the Civil Rights Division’s work to uphold and protect civil and constitutional rights is available online at justice.gov/crt. Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at civilrights.justice.gov.
Ohio Man Charged for Attempting to Burn Down a Church that Planned to Host Drag Show EventsRead the Press Release
A federal indictment was returned charging an Ohio man with a violation of the Church Arson Prevention Act for using Molotov cocktails against the Community Church of Chesterland, in Chesterland, Ohio, in an attempt to burn the church to the ground. He was also indicted on one count of using fire to commit a federal felony, one count of malicious use of explosive materials and one count of possessing a destructive device.
According to court documents, Aimenn D. Penny, 20, of Alliance, attempted to burn the church to the ground after learning the church was holding multiple drag show events the following weekend. Penny was initially arrested and charged with federal offenses on March 31.
If convicted, Penny faces a maximum penalty of up to 20 years in prison for the violation of the Church Arson Prevention Act. Penny also faces a mandatory minimum of five years and up to 20 years in prison for the malicious use of explosive materials charge and up to 10 years in prison for the possession of a destructive device charge. In addition, if convicted of using fire to commit a federal felony, Penny faces a 10-year mandatory prison sentence that will run consecutively with any other prison term imposed.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio and Special Agent in Charge Gregory Nelsen of the FBI Cleveland Field Office made the announcement.
The FBI Cleveland Field Office is investigating the case.
Assistant U.S. Attorneys Brian Deckert and Matthew W. Shepherd for the Northern District of Ohio and Trial Attorneys Jacob Warren and Justin Sher of the National Security Division’s Counterterrorism Section are prosecuting the case with assistance from Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
L3 Technologies Settles False Claims Act Allegations Relating to Double-Charging for Certain Material CostsRead the Press Release
L3 Technologies, Inc., Communication Systems West, a Utah-based manufacturer of communications equipment for military systems, has agreed to pay $21.8 million to resolve allegations that it violated the False Claims Act by knowingly submitting and causing the submission of false claims to the Department of Defense by including in contract proposals the cost of certain parts twice, the Department of Justice announced today.
From approximately 2008 to 2011, L3 submitted, and the Department of Defense accepted, dozens of contract proposals for a handheld receiver called the Remote Operations Video Enhanced Receiver (ROVER), and a compact transceiver called the Video Oriented Transceiver for Exchange of Information (VORTEX), which operate together to provide real-time, full-motion video and other crucial data from the battlefield. The contract proposals included the cost of low-cost common-stock items, such as nuts and bolts, twice. As a result, the United States alleged that L3 knowingly double-charged the government for these parts.
“Government contractors must ensure that they provide the goods or services that they promised at the proper price,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our commitment to pursue those who knowingly overcharge the American taxpayers.”
“The U.S. Attorney’s Office is committed to protecting the integrity of federal procurement contracting,” said U.S. Attorney Trina A. Higgins for the District of Utah. “We will vigorously pursue federal contractors who fail to comply with the highest standards of accuracy to ensure federal agencies are appropriately charged for goods and services.”
“The Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense’s Office of Inspector General, is steadfastly committed to rooting out fraud and ensuring taxpayer dollars are properly utilized,” said Acting Special Agent in Charge Gregory P. Shilling of DCIS’s Southwest Field Office. “DCIS, the Department of Justice, and our law enforcement partners will continue to work together to ensure individuals and contractors that defraud the government are held accountable for their actions.”
“This settlement further demonstrates the resolve of Army Criminal Investigation Division and our law enforcement partners to protect and defend the assets of the United States Army,” said Special Agent in Charge Scott L. Moreland of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Utah, with assistance from the Department of Defense, Defense Contract Audit Agency, and Defense Contract Management Agency.
This matter was handled by attorneys Paul R. Perkins, Russell B. Kinner, and Allison Cendali of the Civil Division and Assistant U.S. Attorney Sandra Steinvoort for the District of Utah.
In conjunction with this resolution, the Justice Department has agreed to settle for $7,982,554 a lawsuit filed by L3 alleging breach of contract claims against the United States. That case, L3 Technologies, Inc., Communications Systems-West Division v. United States, Civil Action No. 17-1304 (Fed. Cl.), alleged that in an effort to prevent L3 from continuing to double-charge for common-stock items, the Department of Defense improperly prohibited L3 from charging certain other costs.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Justice Department Secures $2 Million Agreement in Sexual Harassment Lawsuit Against Alabama SheriffRead the Press Release
The Justice Department announced today that it has reached a settlement agreement with the Sheriff of Mobile County, Alabama, to resolve the department’s lawsuit filed in the U.S. District Court for the Southern District of Alabama alleging violations of Title VII of the Civil Rights Act of 1964 (Title VII).
The settlement agreement resolves the department’s allegations that female corrections officers at the Mobile County Metro Jail were regularly subjected to severe and pervasive sexual harassment in the workplace by male inmates and that, despite the employees’ numerous reports to jail supervisors objecting to the harassment, the sheriff’s office did not take the complaints seriously and failed to take prompt and effective action to remedy this harassing conduct.
The department’s lawsuit also alleges that male inmates harassed female employees assigned to the jail’s housing units by frequently exposing their genitals to and masturbating at them, and that inmates also directed sexual slurs, sexual propositions, threats of sexual violence and sexually degrading comments toward female employees.
“Employers must take appropriate action to protect their employees from sexual harassment in the workplace,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Just like any other workplace, jails must take steps necessary to ensure that female employees are not subject to a sexually hostile work environment in any form.”
Under the terms of the settlement agreement, if approved by the court, the sheriff will pay $2.02 million into a settlement fund that will be used to compensate those women who were harmed by the employment practices challenged by the United States. The agreement also requires the sheriff to develop a comprehensive inmate sexual misconduct policy; train all jail employees on the new policy related to inmate sexual misconduct; maintain a dedicated housing area to house inmates found guilty of sexual misconduct; and appoint an Inmate Sexual Misconduct Disciplinary Hearing Officer to monitor and track compliance with the new inmate sexual misconduct policy.
This lawsuit is part of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative. The initiative is aimed at eradicating sexual harassment in state and local government workplaces. It focuses on litigation, outreach and development of effective remedial measures to address and prevent future sex discrimination and harassment.
Trial Attorneys Taryn Wilgus Null, Alicia Johnson, Juliet Gray, Emily Given, Catherine Sellers, Sharion Scott and Julia Quinn of the Civil Rights Division’s Employment Litigation Section prosecuted the case.
The full and fair enforcement of Title VII is a top priority of the Civil Rights Division’s Employment Litigation Section. Additional information about the Civil Rights Division and the Employment Litigation Section is available on its websites www.justice.gov/crt and www.justice.gov/crt/employment-litigation-section.
IRB Brasil Agrees to Pay Shareholders $5M in Connection with Securities Fraud SchemeRead the Press Release
A publicly traded Brazilian reinsurance company, IRB Brasil Resseguros SA, aka IRB Brasil RE (IRB), has entered into a non-prosecution agreement (NPA) with the Justice Department and agreed to pay $5 million in victim compensation to resolve the government’s investigation into a securities fraud scheme to fraudulently prop up IRB’s stock price by spreading false information that U.S. investment firm Berkshire Hathaway Inc. had invested in the company. IRB trades on Brazil’s B3 exchange and has shareholders around the world, including in the United States.
As it admitted in the NPA, IRB, through its former CFO, Fernando Passos, executed the fraud scheme beginning in February 2020 after an investment company published a report questioning the accuracy of IRB’s financial statements and announcing that the investment company had taken a short position against IRB’s stock. IRB’s stock price dropped in the wake of the report. In response, Passos developed and executed a scheme to mislead shareholders and the investing public by disseminating and causing to be disseminated materially false information that Berkshire Hathaway had invested in IRB, despite knowing that Berkshire Hathaway had not made any such investment. Passos circulated, and caused subordinate IRB investor relations employees to circulate, false materials to members of the press, analysts, and members of IRB’s board of directors to spread the false information regarding Berkshire Hathaway’s purported investment.
News outlets in both Brazil and the United States began incorrectly reporting that Berkshire Hathaway had invested in IRB. Following the news coverage, on the evening of March 3, 2020, Berkshire Hathaway issued a press release stating that it was not currently, had never been, and had no intention of becoming a shareholder in IRB. On March 4, 2020, after Berkshire Hathaway’s press release, IRB’s stock price dropped precipitously, causing significant shareholder losses.
As part of the NPA, IRB admitted that the facts described in the NPA constitute securities fraud. Under the terms of the NPA, IRB has agreed to continue cooperating with the Justice Department in other related investigations, to continue to implement a compliance and ethics program as set forth in the NPA, and to report to the department regarding the company’s remediation and implementation of the compliance measures as described in the NPA. Further, IRB has agreed to pay victim compensation of $5 million to shareholders who sold IRB stock on March 4, 2020.
The department reached this resolution with IRB based on a number of factors, including, among others, the nature and seriousness of the offense conduct involving IRB’s former CFO, as well IRB’s cooperation and implementation of remedial measures. In addition, IRB and the department agreed that the total amount of losses to all shareholders who sold IRB stock on March 4, 2020, was significantly more than $5 million. However, despite agreeing that a larger amount otherwise would be appropriate based on the law and the facts, IRB made representations to the department that the company had an inability to pay a criminal monetary penalty and to cover the full loss to shareholders. Based on those representations, the department, with the assistance of a forensic accounting expert, conducted an independent inability-to-pay analysis, which determined that the payment of more than $5 million was reasonably likely to threaten the continued viability of IRB, which in turn may expose the company’s shareholders to a further risk of loss.
Passos has been indicted and is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Inspector in Charge Eric Shen of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group made the announcement.
The USPIS is investigating the case.
Trial Attorney Kate McCarthy of the Criminal Division’s Fraud Section is handling the case.
If you believe you are a victim in this case, please contact the Fraud Section’s Victim Witness Unit toll-free at (888) 549-3945 or by email at [email protected]. To learn more about victims’ rights, please visit: www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas. Victims can find case updates and additional information at www.justice.gov/criminal-vns/united-states-v-fernando-passos.
Gree U.S. Subsidiary Sentenced for Failure to Report Dangerous DehumidifiersRead the Press Release
Gree USA, Inc., the U.S. subsidiary of a Chinese appliance company, was sentenced today to pay a $500,000 criminal fine after pleading guilty to failing to notify the U.S. Consumer Product Safety Commission (CPSC) that millions of dehumidifiers it sold to U.S. consumers were defective and could catch fire.
Gree USA pleaded guilty to a felony violation of the Consumer Product Safety Act (CPSA). The fine, along with provisions to pay restitution to victims, was part of a $91 million resolution with three related Gree companies that represents the first corporate criminal enforcement action ever brought under the CPSA.
Gree USA, based in City of Industry, California, and a U.S. subsidiary of Hong Kong Gree Electric Appliances Sales Co., Ltd. (Gree Hong Kong), entered into a plea agreement in connection with a criminal information filed in 2021 in the U.S. District Court for the Central District of California. The criminal information filed along with the plea agreement charges Gree USA with one felony count under the CPSA of willfully failing to report consumer product safety information to the CPSC.
Gree Electric Appliances, Inc. of Zhuhai (Gree Zhuhai), a global appliance manufacturer headquartered in Zhuhai, China, and Gree Hong Kong entered into a deferred prosecution agreement (DPA) in connection with the same criminal information. Under the terms of the DPA, Gree Zhuhai and Gree Hong Kong agreed to a total monetary penalty of $91 million and also agreed to provide restitution for any uncompensated victims of fires caused by the companies’ defective dehumidifiers. Consistent with Justice Department policy, the DPA with Gree Zhuhai and Gree Hong Kong credits the Gree Companies’ earlier payment of $15.45 million in civil penalties to the CPSC against the agreed-upon $91 million total monetary penalty.
According to court filings, Gree Zhuhai, Gree Hong Kong and Gree USA (collectively, the Gree Companies) knew their dehumidifiers were defective, failed to meet applicable safety standards, and could catch fire, but the companies failed to report that information to the CPSC for months. The companies reported and recalled the dehumidifiers only after consumer complaints of fires and resulting harm continued to mount.
The Consumer Protection Branch of the Justice Department’s Civil Division and the U.S. Attorney’s Office for the Central District of California previously indicted Charley Loh, 64, of Arcadia, California, and Simon Chu, 67, of Chino Hills, California – the Chief Executive Officer and Chief Administrative Officer of Gree USA, respectively – with felony CPSA and wire fraud charges for their alleged roles in the failure to report the defective dehumidifiers. Loh and Chu have pleaded not guilty and are scheduled for trial on Nov. 7, 2023, in Los Angeles. An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
“Today’s sentencing of Gree USA is part of the Department of Justice’s ongoing efforts to hold accountable companies and executives that purposefully delay reporting dangerous consumer products to the CPSC,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department will continue to work closely with the CPSC to ensure consumers’ safety.”
“This corporation endangered the safety of American consumers by failing to promptly report a known problem with their defective humidifiers,” said U.S. Attorney Martin Estrada for the Central District of California. “Fortunately, authorities were able to stop this practice before Gree USA, Inc. could cause greater harm. This historic case underscores our commitment to protect the public from dangerous products that could cause consumers real harm and to hold accountable corporate entities who knowing violate our laws in promotion of their greed.”
“Today’s sentencing should serve as an example that companies will be held to account when they put profits before consumer safety,” said Chair Alex Hoehn-Saric of the CPSC. “The egregious behavior detailed in this case cannot be tolerated, and we are grateful for the support of the Department of Justice in bringing this company to justice and keeping consumers safe.”
“Homeland Security Investigations (HSI) works tirelessly to protect the American consumer from health and safety risks posed by sub-standard products entering the United States,” said Acting Special Agent in Charge Eddy Wang of HSI Los Angeles. “HSI, the Department of Justice, and the Consumer Product Safety Commission will continue to hold corporations accountable for placing profits above people.”
As part of the Gree USA plea agreement and the Gree Zhuhai and Gree Hong Kong DPA, the Gree Companies admitted that, between 2007 and 2013, they sold in the United States more than two million dehumidifiers manufactured by Gree Zhuhai and imported by Gree Hong Kong. In September 2012, employees of the Gree Companies, including high-level executives, learned that the Gree dehumidifiers had defects that could cause them to overheat and catch fire, and that consumers had reported fires caused by the dehumidifiers. Those same employees also knew of the obligation to report dangerous consumer products to the CPSC. Despite this knowledge, Gree USA continued to sell the defective dehumidifiers in the United States for at least another six months. The Gree Companies delayed reporting knowledge of the fires to the CPSC for approximately six months, and did not report the defects in the dehumidifiers for approximately nine months. Ultimately, Gree Zhuhai recalled the defective dehumidifiers almost a year after learning about the products’ dangerous defects.
HSI investigated this case.
Assistant Director Allan Gordus and Trial Attorneys Natalie Sanders and Maryann McGuire of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Joseph Johns for the Central District of California prosecuted the case with the assistance of Patricia Vieira of the CPSC’s Office of General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
Georgia Doctor Pleads Guilty to Distributing Misbranded Weight Loss Drug ProductRead the Press Release
A Georgia physician pleaded guilty today to charges related to the sale of a purported weight loss drug product that contained human chorionic gonadotropin, or HCG.
Dr. Audrey Arona, 64, of Gainesville, Georgia, pleaded guilty to causing the introduction into interstate commerce of a misbranded drug product containing HCG and marketed under the name “Releana.” Pursuant to a plea agreement, Magistrate Judge J. Clay Fuller of the United States District Court for the Northern District of Georgia ordered Dr. Arona to forfeit approximately $65,000.
HCG is a hormone produced by the human placenta. The U.S. Food and Drug Administration (FDA) has approved certain injectable HCG drug products for the treatment of some cases of female infertility and for hormone treatment in males. But the FDA has never approved any oral or sublingual HCG drug products for any use, and the FDA has never approved any HCG drug product for weight loss. In fact, FDA has specifically warned consumers to avoid HCG weight-loss products, advising, “If you have HCG products for weight loss, quit using it, throw it out, and stop following the dieting instructions.”
“Doctors who distribute drugs must comply with federal law designed to ensure these products are safe and effective,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department will continue to work closely with our law enforcement partners to stop the distribution of misbranded HCG drugs and other misbranded drugs, including through criminal enforcement where appropriate.”
“Misbranded prescription drugs can present a serious health risk to those who buy and use them. The drugs may contain unknown ingredients and may be made under unknown conditions,” said Special Agent in Charge Charles L. Grinstead of the FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to investigate and bring to justice those who traffic in misbranded prescription drugs.”
According to court documents, Dr. Arona admitted to selling a sublingually administered HCG-for-weight-loss drug product to patients around the country. Dr. Arona further admitted that she represented to patients that the HCG-for-weight-loss drug product was FDA-approved and that it could assist with weight loss.
Dr. Arona was the third defendant to plead guilty in connection with the marketing and sale of Releana. In September 2022, Hoschton, Georgia, resident Maurice Bailey also pleaded guilty to causing the introduction into interstate commerce of a misbranded drug product containing HCG. According to court documents, Bailey admitted to preparing the Releana sold by Dr. Arona in a facility that was not properly registered with FDA, and to inaccurately labelling that Releana. In August 2021, Colorado resident Sarah Alberg pleaded guilty to causing the introduction into interstate commerce of a misbranded drug product containing HCG, with the intent to mislead or defraud. According to court documents, Alberg also distributed Releana, and she admitted to smuggling HCG into the United States from India and distributing HCG using bottles and supplies exposed to rodent droppings.
The FDA Office of Criminal Investigations investigated the cases.
Senior Litigation Counsel Patrick Runkle and Trial Attorney Michael Wadden of the Justice Department’s Consumer Protection Branch prosecuted the cases against Dr. Arona and Bailey, with assistance from Assistant U.S. Attorney Jennifer Keen for the Northern District of Georgia.
For more information about the enforcement efforts of the Consumer Protection Branch visit the Branch’s website at http://www.justice.gov/civil/consumer-protection-branch
Former Public Official and California Contractor Sentenced for Bid Rigging and BriberyRead the Press Release
A former Caltrans contract manager and a former contractor were sentenced today in the U.S. District Court for the Eastern District of California in Sacramento for their roles in a bid-rigging and bribery scheme involving Caltrans improvement and repair contracts.
Choon Foo “Keith” Yong, the former Caltrans contract manager, was sentenced to 49 months’ imprisonment and ordered to pay $984,699.53 in restitution. According to a plea agreement filed on April 11, 2022, Yong and his co-conspirators engaged in a conspiracy, from early 2015 through late 2019, to thwart the competitive bidding process for Caltrans contracts to ensure that companies controlled by Yong’s co-conspirators submitted the winning bid and would be awarded the contract. Yong also pleaded guilty for accepting bribes while working for Caltrans, a California state agency that receives significant federal funding. Yong received the bribes in the form of cash payments, wine, furniture and remodeling services on his home. The total value of the payments and benefits that Yong received neared $1 million.
William D. Opp, the former contractor, was sentenced to 45 months’ imprisonment and ordered to pay $797,940.23 in restitution. According to a plea agreement filed on Oct. 3, 2022, Opp engaged in the same conspiracy, from early 2015 through at least as late as August 2018. As part of the conspiracy, Opp formed a separate construction company, with his wife as the nominal president, to submit sham bids on Caltrans contracts. During his participation in the conspiracy, Opp and co-conspirators provided nearly $800,000 in cash bribes and other benefits to Yong.
Yong and Opp are the second and third co-conspirators to be sentenced in the case. On April 17, 2023, former construction company owner Bill R. Miller was sentenced to 78 months’ imprisonment and ordered to pay nearly $1 million in restitution.
“These criminals – including a state employee who sought sales commissions for his role in the bid-rigging scheme – put greed and personal gain ahead of the public trust and are being punished accordingly,” said Director Daniel Glad of the Justice Department’s Procurement Collusion Strike Force (PCSF). “The Antitrust Division and our PCSF partners are on the lookout for those that try to cheat on government contracts.”
“A former Caltrans employee and a contractor have been sentenced today for a conspiracy that cheated a state agency out of taxpayer funds and that, if left unchecked, could threaten to undermine public confidence in the proper functioning of government institutions,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The defendants’ abuse of public trust and the length and breadth of the criminal conduct fully warrant today’s sentences. Bribes have no place in government contracting.”
“All government employees are expected to conduct businesses in accordance with both law and policy to ensure the integrity of those transactions and maintain public trust in the agencies they represent,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “No government official should put personal gain ahead of the needs of the communities they represent. The FBI stands ever ready to identify, investigate, and disrupt public corruption to ensure the American public’s trust in the institutions designed to serve and protect them is maintained.”
Today’s sentencing is the result of a joint investigation that was conducted by the Antitrust Division’s San Francisco office, the U.S. Attorney’s Office for the Eastern District of California, and the FBI’s Sacramento Field Office as part of the Justice Department’s Procurement Collusion Strike Force (PCSF).
Trial Attorneys Christopher J. Carlberg and Tai S. Milder and Assistant U.S. Attorney Lee S. Bickley prosecuted the case.
In November 2019, the Department of Justice created the Procurement Collusion Strike Force, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government — federal, state and local. To contact the Procurement Collusion Strike Force, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to construction or infrastructure, go to www.justice.gov/procurement-collusion-strike-force.
South Carolina Return Preparer Pleads Guilty to Filing False Tax ReturnsRead the Press Release
A South Carolina return preparer pleaded guilty today, after his jury trial had begun, to two counts of filing false tax returns.
According to court documents and evidence presented at trial, Jeffrey Harmon of Lexington, South Carolina, owned and operated TFL Worldwide, a tax preparation business through which he willfully prepared and filed returns for clients that claimed fraudulent deductions relating to, among other things, rent, utilities, meals, gifts, dues, and depreciation.
In his plea, Harmon admitted to filing a false 2012 tax return for himself and to aiding and assisting in the preparation of a 2016 tax return claiming false deductions for rent and depreciation for one of his clients. Harmon agreed that the total tax loss from his criminal conduct was approximately $320,000.
Harmon faces a maximum penalty of three years in prison for each false return count. He also faces a period of supervised release, monetary penalties, and restitution. U.S. District Judge Mary Geiger Lewis will determine any sentence after considering the United States Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Adair Boroughs for the District of South Carolina and Special Agent in Charge Donald Trey Eakins of IRS-Criminal Investigation, Charlotte Field Office, made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorney Wilson Stamm of the Justice Department’s Tax Division and Assistant U.S. Attorneys Winston Holliday and Elle Klein for the District of South Carolina prosecuted the case.
Nevada Man Pleads Guilty in Multimillion-Dollar Fraudulent Check SchemeRead the Press Release
A Nevada man pleaded guilty today to using fraudulent checks to steal money from victims’ bank accounts.
According to court documents, Michael Zeto, 77, of Las Vegas, partnered with foreign telemarketers, who provided Zeto with the names, bank account numbers, and other personal information for American consumers. Many of these consumers had purchased no products or services from the telemarketers and had not authorized anyone to debit their bank accounts. Zeto used the information provided by his telemarketing partners to create fraudulent checks payable to companies he controlled and debited consumers’ bank accounts. Many of Zeto’s victims were retirees and other older adults.
“The defendant was a vital link in a scheme with foreign telemarketing partners to steal money from American victims’ bank accounts,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice is committed to protecting older Americans from fraud and to prosecuting people who knowingly help fraudsters.”
“With our increasing use and dependency on technology, fraudsters have found new ways to scam unsuspecting Americans,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “Americans, and Nevadans in particular, can be assured that our office is committed to investigating and prosecuting elder financial fraud scams.”
“Today's guilty plea holds the defendant accountable for his role in a multimillion dollar fraudulent check scheme that targeted the bank accounts of American consumers,” said Acting Special Agent in Charge Justin Bundy of the Federal Deposit Insurance Corporation Office of Inspector General Chicago Division. “The FDIC-OIG remains dedicated to working with our law enforcement partners to pursue those who seek to defraud elderly and vulnerable Americans, and threaten the integrity of the banking system.”
“This conviction is the direct result of a diligent investigation by hardworking Postal Inspectors and our partners at the Federal Deposit Insurance Corporation-Office of Inspector General,” said Inspector in Charge Ruth Mendonça of the U.S. Postal Inspection Service Chicago Division. “Working together, their perseverance unraveled the defendant’s complex scheme to defraud some of our nation’s most vulnerable victims and delivered the justice that each victim deserved. We are proud of the investigative team’s efforts to uphold the mission of the U.S. Postal Inspection Service (USPIS) to protect postal customers and consumers from fraudsters.”
Zeto pleaded guilty to wire fraud. He faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The USPIS and FDIC-OIG are investigating the case.
Trial Attorneys Daniel Zytnick and Timothy Finley of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Richard Anthony Lopez for the District of Nevada are prosecuting the case.
The department urges individuals to be on the lookout for unauthorized debits to their accounts. Check your bank, credit card, and other financial statements and contact your financial institution if you see a charge you do not recognize. Report any fraudulent debit you identify to law enforcement. Reports may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.
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.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
Justice Department’s Environment and Natural Resources Division Celebrates Earth Day by Releasing the Division’s Accomplishments Report for Fiscal Year 2022Read the Press Release
Today, in celebration of Earth Day on April 22, the Department of Justice’s Environment and Natural Resources Division (ENRD) released the Division’s Accomplishments for Fiscal Year (FY) 2022.
“I am very pleased to announce the release of the Environment and Natural Resources Division’s Accomplishments Report for FY 2022,” said Assistant Attorney General Todd Kim of the ENRD. “I could not be prouder of how the ENRD team has been carrying out our mission in service of the American people, including as a key player in the administration’s efforts to secure environmental justice and respond to the climate crisis.”
As highlighted in the report, the division in 2022 continued to prioritize efforts to combat climate change. And, building on the division’s work, the Justice Department established the Office of Environmental Justice within the division and issued a comprehensive environmental justice enforcement strategy.
More broadly, the division worked closely with partners throughout the federal government to enforce a range of federal laws that protect public health, wildlife and other natural resources, worker safety and animal welfare. The division also defended client federal agencies in court when their regulations, decisions and other actions were challenged. The division also worked to preserve the rights and resources of federally recognized Indian tribes and filed condemnation actions to acquire land for federal agency programs.
In FY 2022, the division worked on roughly 4,500 matters. The division obtained over $820 million in civil and criminal fines, penalties, and costs recovered, while also securing federal injunctive relief valued at $3.1 billion. And, through defensive and condemnation litigation, the division saved the United States more than $2.1 billion.
The accomplishments described in the report add to division’s legacy. The division’s work is as important as ever given the environmental and other challenges that face the nation today and that will continue to arise in the years to come.
Justice Department Announces Civil Legal Services Pilot ProgramRead the Press Release
The Justice Department announced today that the Office for Access to Justice, Bureau of Prisons and National Institute of Corrections (NIC) are collaborating to launch an innovative pilot program to provide civil legal services to incarcerated individuals in select Bureau of Prisons (BOP) women’s facilities. In remarks delivered at the department’s Celebration of Second Chances event, the Deputy Attorney General highlighted this new initiative as a strategy to improve success upon reentry.
Incarcerated individuals are a particularly vulnerable population when it comes to unmet civil legal needs. The prompt resolution of pending civil legal issues – such as debt collection, access to benefits or child custody matters – can help support successful reentry and promote public safety. The department recently issued a report finding that access to legal assistance is a barrier for most in this country, and this civil justice gap widens for those who are incarcerated. The Civil Legal Services Pilot Program will seek to meet this need.
“When individuals leaving incarceration cannot access basic needs to pursue a successful future, we're not achieving the promises of justice,” said Director Rachel Rossi of the Office for Access to Justice. “Legal help can often ensure access to these foundational needs, like economic security. By partnering with the Bureau of Prisons and National Institute of Corrections to offer legal services to individuals during incarceration, ATJ can help break down barriers to equal access to justice for all.”
“Partnering with the Office for Access to Justice is a crucial step in breaking down barriers to provide important legal access to adults in custody,” said BOP Director Colette Peters. “Some of the most vulnerable individuals in need of legal resources will now be afforded the opportunity to have access. The initial pilot, serving our women in custody, is significant as it will continue to support our gender responsive, and trauma informed focus, while addressing the additional barriers women also face.”
The Civil Legal Services Pilot Program was launched after the Bureau of Prisons, National Institute of Corrections and Office for Access to Justice administered a voluntary survey to incarcerated individuals to assess civil legal need. More than 50,000 adults in custody responded, and the overwhelming majority of the respondents stated that they would benefit from civil legal services. This pilot program will start to offer those services on a limited scale – on particular issues in certain facilities – with the purpose of evaluating the feasibility and utility of expanding those services across all BOP facilities. Informed by this review and relevant research and data, BOP, NIC and ATJ anticipate that the pilot program will focus initially on women’s facilities.
“Working with the Office for Access to Justice has been a wonderful collaboration so far, and we are just getting started,” said Acting Director Dr. Alix McLearen of the National Institute of Corrections. The survey results show the incredible need which exists in the incarcerated population. Addressing legal concerns while people are still in custody is a major step forward in promoting successful community reintegration. And beginning the pilot with women continues our important work on equity and inclusion.”
In the coming weeks, the department’s Office for Access to Justice will post a job announcement for an Attorney Advisor within the Office for Access to Justice to develop, launch and implement this pilot program, working with the support of the Bureau of Prisons and National Institute of Corrections, who will monitor the work and develop lessons learned as the initiative continues.
Federal Court Finds City of Miami Lieutenant Firefighter in ContemptRead the Press Release
On April 18, 2023, a federal court in the Southern District of Florida found Norman G. Williams Jr., a Lieutenant firefighter with the City of Miami, in contempt of court for continuing to prepare tax returns in violation of a preliminary injunction and a permanent injunction. The court ordered that he disgorge to the United States more than $40,000 in return preparer fees that he earned for tax returns prepared in violation of the injunctions.
In 2022, the court permanently enjoined Mr. Williams from preparing tax returns for others and ordered him to disgorge over $26,000 in ill-gotten gains. Despite the court’s orders prohibiting Mr. Williams from preparing or assisting in the preparation of tax returns for others, the court found that Mr. Williams continued his return preparation activities and endeavored to conceal them by preparing returns under his fiancée’s name and preparer tax identification number. The court found that Mr. Williams willfully violated the injunctions by preparing another 173 tax returns, including 36 returns for other firefighters.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
법무부, 법원들에 청소년과 성인의 벌금과 요금에 관한 동료분들께 드리는 서신 발행Read the Press Release
법무부는 오늘 주법원과 지방법원들 및 소년법원 기관들에게 성인과 청소년에 대한 벌금과 요금의 부과와 집행에 관한 동료분들께 드리는 서신(Dear Colleague Letter)을 발행하였습니다. 서신은 일반적으로 법원이 부과하는 벌금 및 요금 관행을 언급하고 있으며, 또한 이러한 관행들이 불법이 되거나, 지불능력이 없는 개인들을 부당하게 처벌하거나, 차별의 결과로 이어질 수 있음을 경고합니다. 법무부는 정당성, 경제적 정의, 그리고 저소득 지역사회에 관여하는 사법체계에 불균형적으로 기여하는 정책 퇴치 등을 위해 현재 진행중인 책무의 일환으로 이 서신을 제공합니다.
서신은 벌금과 요금에 관한 몇 가지 주요 문제들을 강조하고 있는데, 이에는 납부 불이행에 대한 역결과를 부과하기 전에 의미 있는 납부능력평가를 시행하기, 벌금 및 요금의 대안을 고려하기, 지나친 처벌을 방지하기, 그리고 적절할 경우 변호인의 도움과 같은 정당한 법적 절차 보호를 보장하기 등의 중요성이 포함됩니다
서신은 법원체계들과 기타 연방 재정지원수급자들에게 그들이 현재 수행 중인 다음과 같은 의무를 상기시킵니다: 인종, 피부색, 출신 국가, 종교, 성별 및 장애에 기반하여 차별하지 말 것; 영어 미숙달자들에게 의미 있는 접근성을 제공할 것; 그리고 적합한 문서기록을 통해 연방차별금지법 위반의 가능성이 식별되고 방지될 수 있도록 할 것. 법무부는 또한 모범사례지침을 만들고 이 분야의 주정부 및 법원 리더들에 의한 혁신적인 사업들을 강조함으로써 본 서신의 후속업무를 지원할 것입니다.
법무부 법무차관 바니타 굽타(Vanita Gupta)는 "미국의 사법은 개인의 소득이나 배경에 의존해서는 안된다" 고 말하며 "사법부의 최신 지침은, 저소득 지역사회들과 유색인들에게 불균형하게 영향을 미치는 관행은 개인들과 그들의 가족들을 빈곤의 패턴과 처벌에 가둘 수 있으며 그와 비슷한 처지의 성인과 청소년의 민권을 침해할 수 있다는 것을 언급하고 있다. 많은 관할들은 벌금과 요금에 의존하는 것을 줄이도록 혁신해왔으며 사법부는 모든 이들을 위한 평등한 정의와 공공안전을 진보시키기 위한 이러한 움직임에 기반하고 있다" 고 밝혔습니다.
법무부 민권담당국의 법무차관보 크리스튼 클락(Kristen Clarke)은 "전국적으로 제약없이 이루어지는 벌금과 요금의 부과는, 상당수가 유색인인 빈곤층을 옭아매어 우리의 사법체계 안에서 늘어가는 부채, 불필요한 투옥, 그리고 심신을 약화시키는 갈등의 악순환에 빠지게 하였다" 고 말하며 "벌금과 요금의 공격적인 부과로 인해 초래될 수 있는 피해에 맞섬으로써, 우리는 채무자의 감옥에 종지부를 찍을 수 있고 모든 사람들을 위한 법 아래에서 평등한 정의를 추구할 수 있으며, 사법부는 법원들과 소년법원기관들이 민권과 헌법상의 권리를 보호하면서 공공안전의 요구를 다루는 개혁과 관행을 이행하도록 도울 준비가 되어 있다" 고 밝혔습니다.
사법 접근실 실장 레이첼 로시(Rachel Rossi)는 "벌금과 요금을 납부해야 할 의무는 가난과 기타 경제적인 역경을 겪고 있는 성인과 청소년에게 치명적인 영향을 미치며 수많은 사람들을 영원한 가난과 채무의 굴레에 가둔다" 고 말하며 "이러한 의무들은 우리 사법체계에 대한 완전하고 공정한 접근을 방해할 수도 있다. 이러한 이유로 우리는 사법적 이익에 기여하지 못하는 해로운 관행들을 방지하는데 촉각을 세워야 한다. 본 서신은 그러한 진행중인 과정의 중요한 발걸음이다" 라고 하였습니다.
사법프로그램실 제1법무부차관보 에이미 엘 솔로몬(Amy L. Solomon)은 "형사 및 소년법원 체계에서의 요금과 벌금 집행은 지불 능력이 가장 낮은 사람들에게 가장 무거운 짐을 부과하여 사법체계에 더 깊숙히 끌어들인다" 라고 하면서 "우리는 전국의 관할들과 함께 이러한 부당한 관행들을 끊어내거나 제한함으로써 사법체계안의 성인과 청소년이 그들의 삶에서 전진하기 위하여 필요한 기회를 가질 수 있도록 일할 것이다" 라고 하였습니다.
다음 몇 주 안에 사법지원국은 또한 벌금 및 요금 정책들과 관행들에 대하여 이해하고 개혁하는 것에 관심이 있는 엄선된 관할들과 함께 일할 연수 및 기술 지원업체를 찾는 모집공고를 발표할 것입니다. 궁극적인 목표는 이러한 관할들이 부당한 벌금과 요금의 사용을 줄이고 이러한 체계들에 사용되었던 자원들을 공공안전에 더 큰 이익을 돌려주는 활동들로 전환시키도록 도움을 주는 것입니다.
서신은 1964년 민권법 제 6편 (제 6편)과 1968년 각종 범죄 단속 및 길거리 치안법 (길거리 치안법)을 포함한 연방 차별금지 법령들 뿐만 아니라 수정헌법 제 6, 8, 14 조를 포함한 헌법적 원리에 기반합니다. 오늘 발행된 서신의 사본은 여기에서 보실 수 있습니다. 민권과 헌법상의 권리를 옹호하고 보호하기 위한 민권담당국의 사업에 대한 온라인 추가정보는 www.justice.gov/crt 에서 보실 수 있습니다. 차별적 관행들에 대한 항의는 civilrights.justice.gov 인터넷 신고포털을 통하여 민권담당국에 신고할 수 있습니다.
司法部關於向青少年和成人收取罰款和費用一事 向各法院發佈“致同事信”Read the Press Release
今日，司法部向各州和地方法院以及青少年司法機構，關於向青少年和成人收取罰款和費用一事，發佈“致同事信”。該信涉及常見的法院收取罰款和費用的做法，並提醒上述做法可能不合法，以及不公平地懲罰無法付費的當事人，或造成歧視的後果。司法部提供此信，是正在進行的爭取公平和經濟公正的工作的一部分，並糾正導致司法系統代表低收入人羣不足的政策。
該信特別指出一系列涉及罰款和費用的關鍵問題，如：在做出不付款會導致嚴重後果的決定前，應先做有合理的付款能力評估的重要性；考慮代替罰款和付費的其它辦法；嚴防過度懲罰，並確保有正當程序的保護，包括提供必要的律師幫助。
該信提醒法院系統和其它聯邦經濟補助收受單位，它們有不懈的義務，即不應以種族、膚色、國籍、宗教、性別和殘疾爲由，有歧視行爲；它們應該爲英文表達能力有限的人提供合理的服務；確保正當記錄，以識別並防止潛在的違反聯邦反歧視法的行爲。司法部也將通過建立最佳行爲準則、表彰各州及法院領導者就此問題的創新舉措，跟進此信。
助理司法部長瓦尼塔 • 古普塔 (Vanita Gupta) 說：“美國的司法不應該取決於一個人的收入或背景。司法部的最新準則是解決那些不合理的、影響低收入羣體和有色人種的行爲。這些行爲導致一些人及其家人陷入貧困和懲罰的慣性。許多行爲違反了成人和青少年的民權。許多法院推出創新舉措，以減少對罰款和收費的依賴。司法部正在利用這一勢頭，爲所有人推進司法平等和公共治安。”
主管司法部民法處（Civil Rights Division）的司法部長助理 克里斯屯 • 克拉克 (Kristen Clarke) 說：“全國範圍內毫無節制的收繳罰款和費用，束縛了窮人。他們許多人是有色人種，深陷於債臺高築、不必要的監禁、以及在我們的司法制度中無法自拔的循環之中。正視這些會導致過度收繳罰款和收費的危害，能使我們取消欠債人的監獄，促進爲所有人依法實施的公義。司法部時刻準備幫助法院和青少年司法機構實施改革和措施，以滿足公共治安需求，同時保護民權和憲法賦予的權利。”
司法公正辦公室（Office for Access to Justice）主任雷切爾 • 羅西 (Rachel Rossi) 說：“對身處貧窮和其它經濟困難的成人和青少年來說，必須繳納罰款和費用，是個毀滅性的打擊， 使很多人處於永無止境的貧困和債務之中。必須繳納罰款和費用也會妨礙人們全面和公平地利用我們的司法制度。爲此，我們必須保持警惕，防止那些妨礙司法利益的有害行爲。此信是這一進程中邁出的重要的一步。”
主管司法項目辦公室（Office of Justice Programs）的第一副助理司法部長 艾米 • L • 所羅門 (Amy L. Solomon) 說：“刑法和青少年司法制度中收繳費用和罰款的做法，對那些最無能力付款的人來說，是最大的負擔，使其深深陷入司法制度而不能自拔。我們會跟全國各司法轄區協同，一起結束或減少上述不公正的做法，以便其轄區內的成人和青少年能夠獲得改變人生的機會”。
在以後的幾個星期，司法輔助局也將頒佈一份招標書 ，尋求一家能夠提供訓練和技術指導的單位，與一些特意選出的、有意瞭解和改進它們的罰款和收費政策和做法的法院攜手合作。最終的目標是，幫助這些法院減少不公正的罰款和收費， 將本來用於此項工作的資源用在能夠帶來更大的公共治安的活動。
此信基於憲法原則，包括第六、第八和第十四修正案，以及聯邦反歧視法，包括1964年的民權法第六條（第六條）以及1968年的綜合犯罪控制和街道安全法 （街道安全法）。今日所發的信，可在此 查閱得到。民權處有關堅持並保護民權和憲法權利的工作，可上網查看，點擊 https://www.justice.gov/crt。 涉及歧視性行爲的投訴，可以通過民權處的投訴網站，上報民權處，點擊 civilrights.justice.gov。
司法部就青少年和成年人的罚款和费用一事 向法院发出《亲爱的同事信》Read the Press Release
司法部今天向各州和地方法院以及青少年司法机构发布了一封关于对成年人和青少年征收和执行罚款和费用的《亲爱的同事信》。该信涉及法院征收罚款和费用的常见做法，并警告可能违法、对无力支付或其他具有歧视性影响的个人进行不公平处罚的做法。该部门提供这封信是其持续致力于公平、经济正义以及对于给低收入社区带来过多司法系统介入的政策进行斗争的一部分。
该信强调了一些有关罚款和费用的关键问题，例如在强制未能支付而导致的不利后果之前进行有意义的付款能力评估的重要性，考虑罚款和费用的替代方案，防范过度惩罚，并确保正当程序的保护，包括在适当时提供律师协助。
该信提醒法院系统和其他联邦财政援助受益者继续履行其义务：不因种族、肤色、原国籍、宗教、性别和残疾而进行歧视；为英语能力有限的个人提供合理的服务；确保适当的记录可以帮助识别和避免潜在的违反联邦非歧视法的行为。该部门还将在该信之后建立最佳实践指南，重点介绍各州和法院领导在这一领域的创新工作。
司法部助理部长瓦尼塔·古普塔（Vanita Gupta）说道：“美国的司法不应取决于一个人的收入或背景。司法部的最新指导针对的是那些对低收入社区和有色人种影响过大的做法，这些做法可能使个人及其家庭陷入贫困和惩罚的循环，并可能侵犯成年人和青少年的公民权利。许多司法管辖区已经进行了创新，以减少对罚款和费用的依赖，司法部正在这一势头的基础上推进为所有人实现司法公正和公共安全。”
司法部民权司（Civil Rights Division）助理检察长克里斯汀·克拉克（Kristen Clarke）表示：“在全国范围内无限制地征收罚款和费用，使贫困人口（其中太多是有色人种）陷入了债务升级、不必要的监禁和在我们的司法系统中令人衰弱的纠缠的循环。通过正视咄咄逼人的罚款和费用可能造成的伤害，我们可以结束债务人的监狱，并促进法律面前人人平等。司法部随时准备协助法院和少年司法机构制定改革措施和实践，以满足公共安全的需要，同时保护公民和宪法权利。”
司法公正办公室（Office for Access to Justice）主任瑞秋·罗西（Rachel Rossi）说：“缴纳罚款和费用的义务对经历贫困和其他经济逆境的成年人和青少年具有毁灭性的影响，使许多人陷入无休止的贫困和债务循环中，这些义务还会干扰充分和公平地使用我们的司法系统。由于这些原因，我们必须保持警惕，防止不符合司法利益的有害做法。这封信是这一持续过程中的重要一步。”
司法项目办公室（Office of Justice Programs）首席副助理总检察长艾米·所罗门（Amy L. Solomon）表示：“刑事和少年司法系统中的费用和罚款做法给那些最无力支付的人带来了最沉重的负担，使他们更深地陷入司法系统。我们将与全国各地的司法管辖区合作，终结或限制这些不公平的做法，以便司法系统中的成年人和青少年有机会生活中向前迈进。”
在接下来的几周内，司法援助局（Bureau of Justice Assistance）还将发布一份招标书，寻求培训和技术援助供应商，与有兴趣了解和改革其罚款和费用政策和做法的选定司法管辖区合作。最终目标是帮助这些司法管辖区减少使用不公正的罚款和费用，并将用于这些系统的资源转用于对公共安全具有更大回报的活动。
该信基于宪法原则，包括第六、第八和第十四修正案，以及联邦非歧视法规，包括1964年《民权法案》第六章（《第六章》）和1968年《综合犯罪控制与街道安全法》（《街道安全法》）。您可以在这里找到今天的信件副本。有关民权司维护和保护公民和宪法权利工作的其他信息可在网上查阅：www.justice.gov/crt。有关歧视性做法的投诉可以通过其互联网举报门户civilrights.justice.gov向民权司报告。
Two Doctors Sentenced for Stealing $31M from MedicareRead the Press Release
Two Florida doctors were sentenced today for their respective roles in a scheme to defraud Medicare by submitting over $31 million in claims for expensive durable medical equipment (DME) that Medicare beneficiaries did not want or need and that were procured through the payment of kickbacks.
Dean Zusmer, 54, of Miami, was sentenced to eight years and one month in prison and ordered to pay $1,404,200.97 in restitution. Dr. Lawrence Alexander, 45, of Miami, was sentenced to two years and nine months in prison. Restitution will be determined at a later hearing.
According to court documents, Zusmer was a chiropractor who conspired with others to steal millions of dollars from Medicare. Zusmer owned one of four DME companies that collectively billed Medicare over $31 million for medically unnecessary DME, of which over $15 million was paid. Zusmer and his co-conspirators, including Jeremy Waxman, acquired patient referrals and signed doctors’ orders by paying kickbacks to marketers who used overseas call centers to solicit patients and telemedicine companies to procure prescriptions for unnecessary braces for these patients. Alexander was an orthopedic surgeon who owned one of the DME companies with Waxman and concealed both his and Waxman’s roles in the scheme by putting the DME company in the name of one of Alexander’s family members.
In January 2023, Zusmer was convicted after trial of multiple health care fraud-related offenses and for making a false statement relating to health care matters; Alexander was convicted of making a false statement relating to health care matters. Waxman was previously sentenced to over 15 years in prison for his role in the scheme.
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 Inspector General (HHS-OIG) made the announcement.
The FBI and HHS-OIG investigated the case.
Trial Attorneys Catherine Wagner, Patrick Queenan, Meredith Hough, Jamie de Boer, and Keith Clouser of the Criminal Division’s Fraud Section prosecuted the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Justice Department and EPA Announce Clean Air Act Settlements with Three Natural Gas ProcessorsRead the Press Release
The Department of Justice and the Environmental Protection Agency (EPA) today announced three separate settlements with natural gas processors that will require the companies to pay a combined $9.25 million in civil penalties and make improvements at 25 gas processing plants and 91 compressor stations. These settlements will reduce harmful air pollution and improve air quality in 12 states, including in communities disproportionately impacted by pollution and in Indian Country. The states of Alabama, Colorado, Louisiana, North Dakota, West Virginia, and Wyoming, and the Southern Ute Indian Tribe, are also settling claims against the companies.
When fully implemented, the combined settlements with The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC fka Kerr-McGee Gathering LLC will reduce ozone-producing air pollution by an estimated 953 tons per year and greenhouse gases by 50,633 tons per year of carbon dioxide equivalent, including methane. This reduction equates to taking 11,267 gasoline-powered passenger vehicles off the road for one year. The settlements, lodged simultaneously today in the Federal District Courts of Colorado and Utah, resolve allegations that the companies violated the Clean Air Act and state air pollution control laws.
“These three settlements will measurably improve air quality for communities in 12 states and Indian Country,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s announcement highlights this administration’s commitment to reduce harmful air pollution – including emissions that exacerbate climate change – and provide environmental justice for those disproportionately impacted.”
“EPA continues to deliver cleaner air through rigorous enforcement of the Clean Air Act,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “Leaks from valves, pumps and connectors at natural gas processing plants and emissions from compressor stations are a significant source of harmful air pollution. We will continue to hold these companies accountable and work to reduce these unlawful emissions into the atmosphere.”
The settlements filed today address allegations that The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC violated federal and state clean air laws related to leak detection and repair (LDAR) requirements for natural gas processing plants at various facilities that they own and operate across the nation. These facilities emit volatile organic compounds (VOCs), nitrogen oxides (NOx), hazardous air pollutants such as benzene and formaldehyde, and greenhouse gases into the atmosphere, according to the complaints filed against the companies.
VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. NOx reacts with VOCs in the presence of sunlight to form ozone. Children, people with respiratory illness, the elderly, and those working or exercising outdoors have a higher risk of being harmed from breathing ozone.
Emissions at the defendants’ facilities also emit greenhouse gases, such as methane, a potent colorless and odorless gas that is the main component of natural gas and which significantly contributes to global warming when emitted into the atmosphere. See www.epa.gov/ghgemissions/overview-greenhouse-gases (describing carbon dioxide equivalent).
Under the settlements, the companies will spend approximately $16 million combined on injunctive relief requirements. To minimize emissions at the natural gas processing plants, the defendants will install and operate new technologies, as well as improve and expand existing control techniques. These commitments include installing equipment that leaks less, conducting audits, reviewing compliance with leak detection and repair requirements, and repairing leaking equipment faster. The companies will improve staff training for leak detection and repair at their facilities, and they have agreed to use optical gas imaging technology at their facilities to improve the visual detection of leaks and quickly repair them.
Finally, The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC will implement additional projects to mitigate the harm caused by the excess emissions resulting from their violations of the CAA. These projects vary by company, and more information about each project can be found in the fact sheets linked above.
The consent decrees lodged today are: United States, et al. v. The Williams Companies Inc., et al.; United States, et al. v. MPLX LP; and United States, et al. v. WES DJ Gathering LLC fka Kerr-McGee Gathering LLC.
For each separate settlement, the United States will publish a notice of the Consent Decree’s lodging in U.S. District Court in the Federal Register and will accept public comment for 30 days after each notice is published. The Federal Register notices also will include instructions for submitting public comment.
The three gas plant settlements announced today are part of EPA and the Department of Justice’s ongoing focus on reducing air pollution from oil and gas facilities. Today’s announcement follows the announcement on March 27 by the EPA, the Justice Department and the New Mexico Environment Department of a settlement with Matador Production Company, another landmark settlement with an oil and gas company.
Justice Department Secures Agreement with Micron Technology to Resolve a Claim of Immigration-Related Employment DiscriminationRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Micron Technology Inc. (Micron), a manufacturer of semiconductor memory and storage products based in Boise, Idaho. The settlement resolves the department’s determination that Micron violated the Immigration and Nationality Act (INA) by discriminating against a U.S. citizen when it failed to hire him for a position and instead hired a temporary visa worker.
“Companies cannot unlawfully discriminate against a job applicant because they prefer to hire someone with a different citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue to hold companies accountable, both big and small, for their violations of this federal civil rights law.”
The department’s investigation began when a U.S. citizen worker complained that Micron unfairly denied him employment because of his citizenship status. The department determined that Micron unlawfully preferred a temporary visa worker for the position, failing to meaningfully consider the U.S. citizen’s qualifications. Under the INA, employers cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process, unless required or allowed by law.
Under the settlement, Micron will pay a civil penalty to the United States and offer back pay totaling $85,000 to the affected worker. Additionally, Micron will train its staff on the INA’s anti-discrimination provision, change its policies and procedures and be subject to departmental monitoring for a two-year period.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. This law prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s websiteoutreach materials. 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 to here to receive updates from IER.
Justice Department Secures $400,000 in Sexual Harassment Lawsuit Against Connecticut LandlordRead the Press Release
The Justice Department announced today that it has secured an agreement to resolve a lawsuit alleging that New London, Connecticut, landlord Richard Bruno violated the Fair Housing Act by sexually harassing female tenants and applicants. The settlement also resolves claims against Domco LLC and Domco II LLC, which, along with Bruno, owned the properties where the alleged harassment occurred.
Under the consent decree, subject to approval by the U.S. District Court for the District of Connecticut, defendants are required to pay $350,000 to compensate individuals harmed by the harassment and pay a $50,000 civil penalty to the United States. With this settlement, which is part of the department’s Sexual Harassment in Housing Initiative, the department has obtained over $10 million for victims of sexual harassment.
“No person should ever have to endure sexual harassment in order to get or keep housing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When landlords and housing providers sexually harass those seeking a roof over their head, they undermine human dignity, and violate the sense of safety and privacy in one’s home that we all deserve. As the Justice Department commemorates National Fair Housing Month, we stand more committed than ever to holding housing providers accountable for their unlawful behavior and seeking relief for survivors.”
“Mr. Bruno abused his power as a landlord to sexually harass and victimize his vulnerable tenants for years,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “This settlement serves as an important reminder to the Connecticut community that sexual harassment by landlords is a violation of federal law, and this office will not hesitate to seek justice for any victims of such intolerable conduct.”
Special Agents from the Department of Housing and Urban Development’s Office of Inspector General supported the Justice Department’s work in this matter.
“The allegations of sexual harassment in this case in violation of the Fair Housing Act are serious,” said Inspector General Rae Oliver Davis of the Department of Housing and Urban Development. “Every person deserves to find and stay in housing without facing sexual harassment from a landlord. HUD OIG is dedicated to working with our law enforcement partners to seek justice for survivors and to hold housing providers accountable for sexually assaulting or harassing HUD tenants.”
Under the consent decree, Bruno is permanently prohibited from owning and managing residential rental properties in the future. The property owners must hire an independent property manager to manage their properties, obtain fair housing training and implement non-discrimination policies and complaint procedures to prevent sexual harassment at their properties in the future.
The Justice Department’s lawsuit, filed in February 2019, alleged that from at least 2011 through 2016, Bruno sexually harassed female tenants and applicants of rental properties owned or co-owned by Bruno, Domco LLC and Domco II LLC. According to the complaint, Bruno engaged in harassment that included making unwelcome sexual advances and comments, engaging in unwanted sexual touching, demanding or pressuring female applicants to engage in sexual acts to obtain rental privileges, evicting or threatening to evict female tenants who objected to or refused sexual advances, entering the homes of female tenants without their consent, asking to take and taking pictures and videos of the bodies of his tenants and their female children and establishing, maintaining and forcing his tenants and their minor female children to view “dungeons” or “sex rooms” in the rental properties.
Bruno, a former resident of Waterford, Connecticut, has been incarcerated since 2017. He is serving a 16-year sentence in federal prison, following his guilty plea to charges related to producing child pornography with a tenant’s minor child in one of the properties he managed.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the initiative in October 2017, the department has filed 30 lawsuits alleging sexual harassment in housing and recovered over $10 million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by submitting a report online or by contacting the U.S. Attorney’s Office for the District of Connecticut at: (203) 821-3700.
Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
Justice Department Issues Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and AdultsRead the Press Release
The Justice Department today issued a Dear Colleague Letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter addresses common court-imposed fines and fees practices, and cautions against those practices that may be unlawful, unfairly penalize individuals who are unable to pay or otherwise have a discriminatory effect. The department provides this letter as part of its ongoing commitment to fairness, economic justice and combating the policies that disproportionately contribute to justice system involvement for low-income communities.
The letter highlights a number of key issues regarding fines and fees, such as the importance of conducting a meaningful ability-to-pay assessment before imposing adverse consequences for failure to pay, considering alternatives to fines and fees, guarding against excessive penalties and ensuring due process protections, including the assistance of counsel when appropriate.
The letter reminds court systems and other federal financial assistance recipients of their ongoing obligations not to discriminate on the basis of race, color, national origin, religion, sex and disability; to provide meaningful access to individuals with limited English proficiency; and to ensure that appropriate recordkeeping can help identify and avoid potential violations of federal nondiscrimination laws. The department will also follow up on this letter by building a best practices guide, highlighting innovative work by states and court leaders in this area.
“Justice in the United States should not depend on one’s income or background,” said Associate Attorney General Vanita Gupta. “The Justice Department’s updated guidance addresses practices that disproportionately affect low-income communities and people of color, can trap individuals and their families in patterns of poverty and punishment and may violate the civil rights of adults and youth alike. Many jurisdictions have innovated to reduce reliance on fines and fees, and the Justice Department is building on that momentum to advance equal justice and public safety for all.”
“The unfettered imposition of fines and fees across the country has entrapped poor people, too many of whom are people of color, in a cycle of escalating debt, unnecessary incarceration and debilitating entanglement in our justice system,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By confronting the harms that can result from aggressive imposition of fines and fees, we can bring an end to debtors’ prisons and promote equal justice under law for all. The Justice Department stands ready to help courts and juvenile justice agencies put in place reforms and practices that address public safety needs while protecting civil and constitutional rights.”
“Obligations to satisfy fines and fees have a devastating effect on adults and youth who are experiencing poverty and other economic adversities, trapping many in an unending cycle of poverty and debt,” said Director Rachel Rossi of the Office for Access to Justice. “These obligations can also interfere with full and fair access to our justice system. For these reasons, we must remain vigilant to prevent harmful practices that do not serve the interests of justice. This letter is an important step in that ongoing process.”
“Fees and fines practices in the criminal and juvenile justice systems impose the heaviest burden on those who are least able to pay, drawing them deeper into the justice system,” said Principal Deputy Assistant Attorney General Amy L. Solomon of the Office of Justice Programs. “We will be working with jurisdictions across the country to end or limit these unfair practices, so that adults and youth in the justice system have the opportunity they need to move forward in their lives.”
In the coming weeks, the Bureau of Justice Assistance will also release a solicitation seeking a training and technical assistance provider to work with a select number of jurisdictions interested in understanding and reforming their fines and fees policies and practices. The ultimate goal is to help these jurisdictions reduce the use of unjust fines and fees and redirect the resources used in these systems into activities with a greater return on public safety.
The letter is grounded in constitutional principles, including the Sixth, Eighth and Fourteenth Amendments, as well as federal nondiscrimination statutes, including Title VI of the Civil Rights Act of 1964 (Title VI) and the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act). A copy of today’s letter can be found here. Additional information about the Civil Rights Division’s work to uphold and protect civil and constitutional rights is available online at www.justice.gov/crt. Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at civilrights.justice.gov.
Justice Department (Kagawaran ng Katurungan) Naglabas sa mga Korte ng Dear Colleague Letter (liham para sa minamahal na kasamahan) Tungkol sa mga Multa at Bayarin ng Kabataan at mga Taong Nasa Hustong GulangRead the Press Release
Naglabas ngayong araw na ito ang Justice Department ng Dear Colleague Letter tungkol sa pagpapataw at pagpapatupad ng mga multa at bayarin ng mga taong nasa hustong gulang at mga kabataan para sa mga state at local na korte at mga ahensya ng katarungang pangkabataan. Tinutukoy ng liham ang mga karaniwang multa at mga gawi sa bayarin na ipinapataw ng korte, at nag-babala laban sa mga gawaing iyon na maaaring labag sa batas, hindi makatarungan na nagpaparusa sa mga indibidwal na walang kakayahang makabayad o kung hindi man ay nagreresulta sa discrimination (pagtanging masama). Ibinibigay ng kagawaran ang liham na ito bilang bahagi ng patuloy na pangako nito sa pagkamatarungan, pang-ekonomiyang katarungan at paglaban sa mga patakarang nag-aambag ng di katimbang na pagkasangkot sa sistema ng katarungan ang mga komunidad na mababa ang kita.
Itinatampok ng liham ang ilang mahahalagang usapin tungkol sa mga multa at bayarin, tulad ng kahalagahan ng pagsasagawa ng makabuluhang pagtatasa ng kakayahang magbayad bago magpataw ng masamang kalalabasan para sa hindi pagbabayad, pagsaalang-alang ng mga alternatibo sa mga multa at bayarin, pag-iingat laban sa labis na mga parusa at pagtiyak ng mga pag-aalaga sa ankop na proseso, kabilang ang tulong ng abugado kung kailan nababagay.
Nagpapaalala ang liham sa mga sistema ng korte at iba pang tumatanggap ng pederal na tulong pinansyal, sa kanilang patuloy na mga tungkulin na huwag mag-discriminate batay sa lahi, kulay, bansang pinagmulan, relihiyon, kasarian at kapansanan; ang magbigay ng makabuluhang pag-aabot sa mga indibidwal na may limitadong kasanayan sa Ingles; at ang matiyak na makakatulong ang angkop na pagtatala sa pagtukoy at pag-iwas sa mga maaaring paglabag sa mga batas na federal ukol sa walang discrimination. Susundan din ng kagawaran ang liham na ito sa pamamagitan ng pagbuo ng isang gabay sa pinakamahuhusay na kagawian, na nagtatampok ng makabagong gawain ng mga mga pinuno ng state at hukuman sa kinaroroonan.
“Hindi dapat nakasalalay sa kita o karanasan ng isang tao ang katarungan sa United States, ” sabi ni Associate Attorney General Vanita Gupta. “Tumutugon ang pinagbagong patnubay ng Justice Department sa mga kagawiang di katimbang na nakakaapekto sa mga komunidad na mababa ang kita at mga taong may kulay, maaaring magbitag ng mga indibidwal at kanilang mga pamilya sa mga kasanayan ng kahirapan at parusa at maaaring lumabag sa mga karapatang civil ng mga taong nasa hustong gulang at mga kabataan. Maraming hurisdiksyon ang nagpabago upang mabawasan ang pag-asa sa mga multa at bayarin, at bumubwelo ang Justice Department upang isulong ang pantay na katarungan at pampublikong kaligtasan para sa lahat. ”
“Ang walang pigil na pagpataw ng mga multa at bayarin sa buong bansa ay nangbibitag na mga maralitang tao, na hindi puti ang pinkamarami, sa isang paulit-ulit na lumalalang utang, di kinakailangang pagkakulong, at nakakapagpahinang kagusutan sa ating sistemang pangkatarungan, ” ani ni Assistant Attorney General Kristen Clarke ng Civil Rights Division ng Justice Department. “Sa pamamagitan ng pagharap sa mga pinsala na maaaring idulot ng agresibong pagpataw ng mga multa at bayarin, maaari nating wakasan ang mga bilangguan ng mga may utang at itaguyod ang pantay na katarungan sa ilalim ng batas para sa lahat. Nakahanda ang Justice Department na tulungan ang mga korte at mga ahensya ng katarungang pangkabataan na magsagawa ng mga pagbubuti at kagawiang tumutukoy sa mga pangangailangan ng kaligtasang pampubliko habang inaalagaan ang mga karapatang civil at constitutional.”
“Mapangwasak ang epekto ng mga obligasyong sapatan ang mga multa at bayarin sa mga taong nasa hustong gulang at mga kabataan na dumaranas ng pamumulubi at iba pang kahirapan sa ekonomiya, at nangbibitag sa karamihan sa walang katapusang paulit-ulit na kahirapan at utang, ” sabi ni Director Rachel Rossi ng Office for Access to Justice. “Maaari ding makagambala ang mga tugkuling ito sa ganap at patas na pag-aabot sa ating sistemang pangkatarungan. Para sa mga kadahilanang ito, dapat tayong manatiling mapagbantay upang maiwasan ang mga mapaminsalang kagawian na hindi nagsisilbi sa hangad ng katarungan. Isang mahalagang hakbang sa patuloy na prosesong iyon ang liham na ito.”
“Ang mga tungkulin na sapatin ang bayarin at multa sa mga sistema ng katarungang pangkriminal at pangkabataan ay nagpapataw ng pinakamabigat na pasanin sa mga hindi gaanong nakakapagbayad, na lalong nagtutulak sa kanila na mas malalim sa sistemang pangkatarungan,” sabi ni Principal Deputy Assistant Attorney General Amy L. Solomon ng Office of Justice Programs. “Makikipagtulungan kami sa mga hurisdiksyon sa buong bansa upang wakasan o takdaan ang mga hindi patas na gawaing ito, upang magkaroon ang mga taong nasa hustong gulang at mga kabataan sa sistemang pangkatarungan ng pagkakataong kinakailangan nila para sumulong sa kanilang buhay. ”
Sa mga darating na linggo, maglalabas din ang Bureau of Justice Assistance ng paghiling na maghahanap ng tagalinkod ng pagsasanay at tulong na technical para makipagtulungan sa piniling bilang na mga hurisdiksyon na interesadong unawain at baguhin ang kanilang mga patakaran at kagawian sa mga multa at bayarin. Ang pinakalayunin ay tulungan ang mga hurisdiksyon na ito na bawasan ang paggamit ng mga hindi makatarungang multa at bayarin at isadya ang mga mapagkukunang gamit ng mga sistemang ito para sa mga aktibidad na magdudulot ng mas malaking pakinabang sa kaligtasang pampubliko.
Batay ang liham sa mga alituntunin ng constitution, kabilang ang Sixth, Eighth at Fourteenth Amendment (Pang-anim, Pang-walo, at Pang labing-apat na Susog), gayundin ang mga federal nondiscrimination statute (kautusan ng di pagtanging masama), kabilang ang Title VI ng Civil Rights Act of 1964 (Title VI) (batas ng karapatang civil) at ang Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) (batas ng ligtas na mga kalye). Matatagpuan ang isang kopya ng liham dito. Makukuha ang karagdagang impormasyon tungkol sa gawain ng Civil Rights Division upang itaguyod at pangalagaan ang mga karapatang civil at constitutional online sa www.justice.gov/crt. Ang mga reklamo tungkol sa mga gawaing may discrimination ay maaaring iulat sa Civil Rights Division sa pamamagitan ng internet reporting portal (lagusan sa online na pag-ulat) nito sa civilrights.justice.gov.
Indiana Woman Charged with Federal Hate Crime for Racially Motivated Attack Against a Woman of Chinese DescentRead the Press Release
A federal grand jury in Evansville, Indiana, returned a single-count indictment charging a woman with committing a hate crime for her racially motivated attack on a woman of Chinese descent.
The indictment returned by a federal grand jury alleges that on Jan. 11, Billie Davis, 56, willfully caused bodily injury to the victim and attempted to do so using a knife, because of the victim’s race and national origin. The indictment also alleges that the offense included an attempt to kill the victim.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Zachary A. Myers for the Southern District of Indiana and Special Agent in Charge Herbert J. Stapleton of the FBI Indianapolis Field Office made the announcement.
The FBI Indianapolis Field Office and Bloomington Resident Agency investigated the case, with assistance from the Bloomington Police Department.
Assistant U.S. Attorney Peter A. Blackett for the Southern District of Indiana and Trial Attorney Anita Channapati of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Former West Virginia Parole Officer Sentenced for Sexually Assaulting ParoleeRead the Press Release
A former West Virginia Division of Corrections and Rehabilitation Parole officer was sentenced today in federal court in the Southern District of West Virginia to 15 years of imprisonment, five years of supervised release and registration as a sex offender under the Federal Sex Offender Registration and Notification Act for violating the civil rights of a female parolee by sexually assaulting her while he was serving as her parole officer.
According to court documents, Anthony DeMetro, 44, admitted that on or about April 16, 2021, he used physical force and his position, authority and status as a state parole officer to force a female parolee to perform oral sex on him against her will. At the time, the parolee was attempting to complete residential drug and alcohol treatment as a condition of her parole. DeMetro admitted that he knew that the parolee did not want to have sex with him but that he coerced and forced her into doing so anyway, for his own sexual gratification.
“We thank the survivor for having the courage and strength to come forward to tell her story,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice will continue to hold accountable public officials who exploit their power and authority to sexually assault and harm vulnerable people.”
“This office will continue to hold people accountable who use their position of power to sexually assault vulnerable victims,” said U.S. Attorney Will Thompson for the Southern District of West Virginia. “I want to thank the victim again for being brave enough to come forward, even though she was putting her personal safety and freedom at risk.”
“Mr. DeMetro was in a position of power and authority,” said Special Agent in Charge Mike Nordwall of the FBI Pittsburgh Field Office. “He used that authority to take advantage of and prey on a vulnerable woman. This behavior was in violation of the oath he took and cannot be tolerated. The FBI will continue to aggressively investigate color of law abuses by public officials.”
The FBI Pittsburgh Field Office investigated the case.
Trial Attorneys Kathryn E. Gilbert and Daniel E. Grunert of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorneys Monica Coleman and Nowles Heinrich for the Southern District of West Virginia are prosecuting the case.
Former Tennessee County Official Sentenced for Sexually Assaulting Seven Women He Supervised in a County FacilityRead the Press Release
A former county commissioner and director of the Solid Waste Department in Cumberland County, Tennessee, was sentenced today to 17 years in prison followed by five years of supervised release for sexually assaulting seven women who worked under his supervision at the Cumberland County Recycling Center.
Michael Harvel, 61, was previously convicted on nine counts of committing sexual assault. According to evidence introduced at trial – including testimony from 13 women who described Harvel’s sexual abuse – Harvel abused his authority as a county official to sexually assault women who worked under his control at the recycling center. Many of Harvel’s victims were sent to the recycling center to serve court-ordered community service, were required to keep a job as a term of their probation or were otherwise vulnerable because they struggled with substance abuse, were impoverished, or were sole caregivers for their dependents. The jury convicted Harvel of four counts of sexual assault that included kidnapping and three counts that included aggravated sexual abuse.
According to witness testimony at trial, Harvel told one victim to stop by his office at the end of the day, purportedly to discuss a job opportunity, then locked the door to his office and orally raped the woman. He falsely told a second victim that he needed her help with a county work project, then drove her to an isolated landfill in the woods and raped her in a guard shack. The jury also heard evidence that Harvel covered up his pattern of behavior by threatening his victims and other employees so that they would not report his crimes.
“The defendant abused his official position and authority to deprive the victims of their constitutionally-protected right to bodily integrity,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While this sentence can’t undo the extraordinary pain and suffering the defendant caused these women, it should send a clear message to public officials they are not above the law and will be held accountable when they sexually assault and abuse people subject to their authority.”
“Michael Harvel is a predator who used his position of authority to victimize vulnerable women,” said U.S. Attorney Henry Leventis for the Middle District of Tennessee. “I am extremely proud of the work our office did, alongside our partners at the Civil Rights Division and FBI, to hold him accountable and to stand up for the rights of the victims.”
“This sentencing should send a clear message that the FBI makes it a priority to bring to justice anyone who violates the civil rights of those they are sworn to protect,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people and will continue to vigorously investigate these kinds of cases alongside our local, state and federal partners.”
The FBI Memphis Field Office investigated the case.
Assistant U.S. Attorney Brooke Schiferle for the Middle District of Tennessee and Special Litigation Counsel Michael J. Songer and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section prosecuted the case.
In 2021, in a separate civil action, the Justice Department secured $1.1 million from Cumberland County to resolve a sexual harassment lawsuit. The lawsuit alleged, among other things, that Cumberland County failed to take adequate precautions to prevent Harvel, as the director of the county’s Solid Waste Department, from sexually harassing women he supervised. According to the complaint, Harvel regularly subjected the women to unwanted sexual contact, including kissing and groping, and to unwelcome sexual advances.
El Departamento de Justicia emite una carta a los Estimados Colegas de los tribunales sobre multas y honorarios para jóvenes y adultosRead the Press Release
El Departamento de Justicia emitió hoy una Carta a los Estimados Colegas de los tribunales estatales y locales, y las agencias de justicia juvenil con respecto a la imposición y aplicación de multas y honorarios a jóvenes y adultos. La carta aborda las prácticas comunes de multas y honorarios impuestos por los tribunales, y advierte contra aquellas prácticas que pueden ser ilegales, penalizar injustamente a las personas que no pueden pagar o que de otro modo tienen un efecto discriminatorio. El departamento proporciona esta carta como parte de su compromiso continuo con la equidad, la justicia económica y el combate ante políticas que contribuyen a la participación desproporcionada de las comunidades de bajos ingresos en el sistema de justicia.
La carta destaca una serie de cuestiones principales relacionadas con multas y honorarios, tal como la importancia de realizar una evaluación significativa de la capacidad de pagar antes de imponer consecuencias adversas por el incumplimiento de pago, considerar alternativas a multas y honorarios, proteger contra sanciones excesivas y garantizar la protección del debido proceso, incluida la asistencia de un abogado cuando corresponda.
La carta les recuerda a los sistemas de tribunales y a otros beneficiarios de asistencia financiera federal de sus obligaciones continuas de no discriminar por motivos de raza, color, origen nacional, religión, sexo y discapacidad; proporcionar acceso significativo a personas con dominio limitado del inglés; y garantizar que el mantenimiento adecuado de registros pueda ayudar a identificar y evitar posibles violaciones de las leyes federales contra la discriminación. El departamento también dará seguimiento a esta carta mediante la creación de una guía de mejores prácticas, destacando el trabajo innovador de los estados y los líderes judiciales en esta área.
"La justicia en los Estados Unidos no debe depender de los ingresos o antecedentes de uno", dijo la Fiscal General Asociada Vanita Gupta. "Las directrices actualizadas del Departamento de Justicia abordan las prácticas que afectan desproporcionadamente a las comunidades de bajos ingresos y a las personas de color, puedan atrapar a las personas y sus familias en patrones de pobreza y castigo, y pueden violar los derechos civiles de adultos y jóvenes por igual. Muchas jurisdicciones han hecho innovaciones para reducir la dependencia de multas y honorarios, y el Departamento de Justicia está aprovechando ese impulso para promover la igualdad de justicia y la seguridad pública para todos".
"La imposición sin restricciones de multas y honorarios en todo el país ha atrapado a las personas pobres, muchas de las cuales son personas de color, en un ciclo de aumento del endeudamiento, encarcelamiento innecesario y enredo debilitante en nuestro sistema de justicia", dijo la Fiscal General Adjunta Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. "Al enfrentar los daños que pueden resultar de la imposición agresiva de multas y honorarios, podemos poner fin a las prisiones de deudores y promover la igualdad de justicia ante la ley para todos. El Departamento de Justicia está preparado para ayudar a los tribunales y agencias de justicia juvenil a implementar reformas y prácticas que aborden las necesidades de seguridad pública para proteger los derechos civiles y constitucionales".
"Las obligaciones de satisfacer multas y honorarios suponen un efecto devastador en los adultos y jóvenes sujetos a pobreza y otras adversidades económicas, atrapando a muchos en un ciclo interminable de pobreza y endeudamiento", dijo la Directora Rachel Rossi de la Oficina de Acceso a la Justicia. "Estas obligaciones también pueden interferir con el acceso pleno y justo a nuestro sistema de justicia. Por estas razones, debemos permanecer vigilantes para evitar prácticas perjudiciales que no sirven a los intereses de la justicia. Esta carta es un paso importante en ese proceso constante".
"Las prácticas de honorarios y multas en los sistemas de justicia penal y justicia juvenil les imponen la carga más pesada a los que menos pueden pagar, sumergiéndolos más en el sistema de justicia", dijo la Fiscal General Adjunta Principal Amy L. Solomon de la Oficina de Programas de Justicia. "Vamos a colaborar con jurisdicciones de todo el país para poner fin o limitar estas prácticas injustas, para que los adultos y jóvenes en el sistema de justicia tengan la oportunidad que necesitan para avanzar en sus vidas".
En las próximas semanas, la Oficina de Asistencia Judicial también publicará una solicitud que busca un proveedor de entrenamiento y asistencia técnica para trabajar con un número selecto de jurisdicciones interesadas en comprender y reformar sus políticas y prácticas de multas y honorarios. El objetivo final es ayudar a estas jurisdicciones a reducir el uso de multas y honorarios injustos, y redirigir los recursos utilizados en estos sistemas hacia actividades con un mayor beneficio a la seguridad pública.
La carta se basa en principios constitucionales, incluidas las Enmiendas Sexta, Octava y Decimocuarta, así como en estatutos federales contra la discriminación, incluido el Título VI de la Ley de Derechos Civiles de 1964 (Título VI) y la Ley Ómnibus de Control del Crimen y Calles Seguras de 1968 (Ley de Calles Seguras). Una copia de la carta de hoy se puede encontrar aquí. Información adicional sobre el trabajo de la División de Derechos Civiles para defender y proteger los derechos civiles y constitucionales está disponible en línea en www.justice.gov/crt. Las denuncias sobre prácticas discriminatorias pueden ser reportadas a la División de Derechos Civiles a través de su portal de denuncias en Internet en civilrights.justice.gov.
El Departamento De Justicia Y La Epa Anuncian Acuerdos De La Ley De Aire Limpio Con Tres Procesadores De Gas NaturalRead the Press Release
El Departamento de Justicia y la Agencia de Protección Ambiental (EPA, por sus siglas en inglés) hoy anunciaron tres acuerdos separados con procesadores de gas natural que requerirán que las compañías paguen $9.25 millones combinados en multas civiles y hagan mejoras en 25 plantas procesadoras de gas y en 91 estaciones de compresores. Esos acuerdos reducirán la contaminación perjudicial del aire y mejorarán la calidad del aire en 12 estados, incluso en comunidades afectadas desproporcionadamente por la contaminación y en la nación indígena. Los estados de Alabama, Colorado, Louisiana, Dakota del Norte, Virginia del Oeste y Wyoming, y la Tribu de los Indios Ute del Sur, también están resolviendo reclamaciones contra las compañías.
Cuando estén completamente implementados, los acuerdos combinados con las compañías The Williams Companies, Inc., MPLX LP, y WES DJ Gathering LLC anteriormente conocida como Kerr-McGee Gathering LLC reducirán la contaminación que produce ozono en lo que se calcula que serán 953 toneladas al año y gases de efecto invernadero en 50,633 toneladas al año del equivalente de dióxido de carbono, incluso metano. Esta reducción equivale a quitar de las carreteras a 11,267 vehículos de pasajeros a base de gasolina por un año. Los acuerdos, presentados simultáneamente hoy en los Tribunales Federales del Distrito de Colorado y Utah, resuelven las acusaciones de que las compañías violaron la Ley de Aire Limpio y las leyes estatales de control de la contaminación de aire.
“Estos tres acuerdos mejorarán considerablemente la calidad del aire de comunidades en 12 estados y en la Nación Indígena”, dijo el Fiscal General Adjunto Todd Kim de la División de Recursos Naturales y Medioambiente del Departamento de Justicia. “El anuncio de hoy destaca el compromiso de esta administración para reducir la contaminación atmosférica nociva– incluso las emisiones que agravan los cambios climáticos – y brinda justicia ambiental a aquéllos que están afectados de manera desproporcionada”.
“La EPA continúa brindando aire más limpio a través de la aplicación rigurosa de la Ley de Aire Limpio”, dijo el administrador adjunto interino Larry Starfield de la Oficina de Cumplimiento y Garantía de Cumplimiento de la EPA. “Las fugas de válvulas, bombas y conectores en las plantas procesadoras de gas natural y las emisiones de las estaciones de compresores son una fuente considerable de la contaminación atmosférica dañina. Nosotros continuaremos responsabilizando a estas compañías y trabajando para reducir estas emisiones ilegales a la atmósfera”.
Los acuerdos presentados hoy abordan las acusaciones de que las compañías The Williams Companies, Inc., MPLX LP, y WES DJ Gathering LLC violaron las leyes federales y estatales de aire limpio relacionadas con los requisitos de detección y reparación de fugas (LDAR, por sus siglas en inglés) para las plantas procesadoras de gas natural en distintas instalaciones que poseen y operan en todo el país. Esas instalaciones emiten compuestos orgánicos volátiles (VOCs, por sus siglas en inglés), óxidos de nitrógeno (NOx, por sus siglas en inglés), contaminantes atmosféricos peligrosos tal como benceno y formaldehído y gases de efecto invernadero, de acuerdo con las denuncias presentadas en contra de las compañías.
Los compuestos orgánicos volátiles son componentes clave en la formación del esmog u ozono de nivel de suelo, un contaminante que irrita los pulmones, agravan las enfermedades como el asma. Y pueden aumentar la susceptibilidad a las enfermedades respiratorias, tales como la neumonía y la bronquitis. El óxido de nitrógeno reacciona con los compuestos orgánicos volátiles en la presencia de la luz solar para formar el ozono. Los niños, las personas con enfermedades respiratorias, las personas mayores y aquéllos que trabajan o se ejercitan al aire libre tienen un riesgo mayor de salir perjudicados al respirar el ozono.
Las emisiones en las instalaciones de los acusados también emiten gases de efecto invernadero, tales como metano, un potente gas incoloro e inodoro que es el principal componente del gas natural y el cual contribuye considerablemente al calentamiento global cuando se emite a la atmósfera. Vea https://www.epa.gov/ghgemissions/overview-greenhouse-gases (describe el equivalente del dióxido de carbono).
Según los acuerdos, las compañías gastarán aproximadamente $16 millones combinados en sus medidas de acatamiento. Para minimizar las emisiones en las plantas procesadoras de gas natural, los acusados instalarán y operarán nuevas tecnologías, así como también mejorarán y expandirán las técnicas de control existentes. Estos compromisos incluyen la instalación de equipos que tengan menos fugas, realizarán auditorías, revisarán el acatamiento de los requisitos de detección y reparación de fugas y repararán el equipo con fugas con más rapidez. Las compañías mejorarán la capacitación del personal para la detección y la reparación de fugas en sus instalaciones, y han acordado usar tecnología de imágenes ópticas de gases en sus instalaciones para mejorar la detección visual de fugas y repararlas rápidamente.
Por último, las compañías The Williams Companies, Inc., MPLX LP y WES DJ Gathering LLC implementarán proyectos adicionales para mitigar el perjuicio causado por el exceso de emisiones causadas por sus violaciones a la Ley de Aire Limpio. Esos proyectos varían de compañía en compañía, y puede encontrarse más información sobre cada proyecto en las Hojas de Datos adjuntas a este comunicado de prensa.
Los decretos de consentimiento presentados hoy son: Los Estados Unidos y colaboradores contra The Williams Companies, Inc., y colaboradores; Los Estados Unidos y colaboradores contra MPLX LP y Los Estados Unidos y colaboradores contra WES DJ Gathering LLC anteriormente conocida como Kerr-McGee Gathering LLC.
Para cada uno de los acuerdos individuales, los Estados Unidos publicarán un aviso de la presentación del decreto de consentimiento en el Tribunal de Distrito de los Estados Unidos en el Registro Federal y aceptará comentarios del público durante 30 días después de que se publique cada aviso. Los avisos del Registro Federal también incluirán instrucciones para enviar comentarios del público.
Los tres acuerdos con procesadoras de gas natural anunciados hoy son parte del continuo enfoque por parte de la EPA y el Departamento de Justicia por reducir la contaminación del aire proveniente de instalaciones de petroleo y gas natural. El anuncio de hoy se produjo tras el anuncio del 27 de marzo de 2023 por parte de la EPA, el Departamento de Justicia y el Departamento del Medio Ambiente de Nuevo México del acuerdo con la Matador Production Company, otro acuerdo histórico con una compañía de petróleo y gas natural.
Bộ Tư Pháp Ban hành Thư Gửi Đồng nghiệp tới Toà án Về Tiền phạt và Chi phí cho Người lớn và Thiếu niênRead the Press Release
Bộ Tư Pháp hôm nay đã ban hành một Thư Gửi Đồng nghiệp tới Toà án tiểu bang và địa phương và các cơ quan tư pháp vị thành niên về việc áp đặt và thực thi tiền phạt và chi phí cho người lớn và thiếu niên. Bức thư đề cập đến việc thực hiện tiền phạt và chi phí toà án thường hay-áp-dụng, và cảnh báo về những áp dụng đó có thể là bất hợp pháp, những cá nhân bị xử phạt bất công là những người không thể chi trả hay nói cách khác bị tác dụng phân biệt đối xử. Bộ cung cấp bức thư này như một phần của sự tiếp diễn cam kết về tính công bằng, công lý kinh tế và chiến đấu chống những chính sách nào đóng góp một cách không cân xứng sự tham dự vào hệ thống tư pháp của các cộng đồng có thu-nhập-thấp.
Bức thư nêu bật một số vấn đề chính yếu về việc tiền phạt và chi phí, như sự quan trọng của việc thực hiện dánh giá có ý nghĩa khả-năng-chi-trả trước khi áp đặt những hậu quả bất lợi cho sự thất bại trong chi trả, quan tâm đến các thay thế cho tiền phạt và chi phí, giám sát chống mức phạt quá đáng và bảo đảm việc bảo vệ đúng thủ tục, bao gồm các cố vấn trợ giúp khi phù hợp.
Bức thư nhắc nhở các hệ thống tòa án và các cơ quan khác nhận trợ cấp tài chánh liên bang về nghĩa vụ liên tiếp của họ không được phân biệt đối xử trên cơ bản dòng giống, màu da, nguồn gốc quốc gia, tôn giáo, giới tính và sự khuyết tật; để cung cấp truy cập có ý nghĩa cho các cá nhân có giới hạn Anh ngữ lưu loát; và bảo đảm rằng việc lưu trữ hồ sơ phù hợp có thể giúp xác lập và phòng tránh những vi phạm luật chống phân biệt đối xử của liên bang có thể xảy ra. Bộ đồng thời cũng theo sát với lá thư này bằng cách thiết lập một hướng dẫn thực hành tốt nhất, nêu bật việc đổi mới bởi các lãnh đạo toà án và tiểu bang trong lãnh vực này.
“Công lý tại Hoa Kỳ không thể bị lệ thuộc vào lợi tức hay lý lịch của một người,” Phó Tổng Chưởng lý Vanita Gupta đã nói. “Sự hướng dẫn cập nhật của Bộ Tư pháp giải quyết những thực hành gây ảnh hưởng không cân xứng đến các cộng đồng lợi-tức-thấp và người da màu, có thể làm mắc kẹt những cá nhân và gia đình họ trong những khuôn mẫu của sự nghèo khổ và hình phạt và có thể vi phạm quyền công dân của người lớn cũng như của thiếu niên. Nhiều thẩm quyền tài phán đã đổi mới để giảm thiểu việc dựa vào tiền phạt và chi phí, và Bộ Tư pháp đang xây dựng trên quán tính đó để nâng cao công lý bình đẳng và an toàn công cộng cho tất cả.”
“Sự áp đặt không bị ràng buộc của tiền phạt và chi phí trên toàn quốc đã gài bẫy người nghèo, quá đông trong số họ là những người da màu, trong một chu kỳ của sự leo thang nợ nần, tống giam không cần thiết và làm cho vướng víu suy nhược trong hệ thống tư pháp của chúng ta,” Trợ lý Tổng Chưởng lý Kristen Clarke thuộc Bộ phận Dân quyền của Bộ Tư pháp đã nói. “Bằng cách đối đầu với các tác hại mà có thể có hậu quả áp đặt cách hung bạo của tiền phạt và chi phí, ta có thể đem đến sự chấm dứt tù tội của các con nợ và cổ vũ công lý bình đẳng trong luật pháp cho tất cả. Bộ Tư pháp đã sẵn sàng trợ giúp các toà án và các cơ quan tư pháp vị thành niên để đặt vào vị trí những cải tổ và thực hành để giải quyết nhu cầu an toàn công cộng trong khi bảo vệ quyền công dân và quyền hiến pháp.”
“Nghĩa vụ để thoả mãn tiền phạt và chi phí đã có ảnh hưởng tàn phá trên người lớn và thiếu niên là những người đang trải nghiệm sự nghèo khó và những nghịch cảnh kinh tế khác, bẫy rập nhiều người trong một chu kỳ bất tận của sự nghèo khó và nợ nần,” Giám đốc Văn phòng Tiếp cận Tư pháp Rachel Rossi đã nói. “Những nghĩa vụ này có thể đồng thời cản trở sự truy cập đầy đủ và công bằng vào hệ thống tư pháp của chúng ta. Vì các lý do này, chúng ta vẫn phải thận trọng để ngăn ngừa những thực hành có hại mà không phục vụ lợi ích của công lý. Bức thư này là một bước quan trọng trong tiến trình đó.”
“Những thực hành tiền phạt và chi phí trong hệ thống tư pháp hình sự và vị thành niên áp đặt gánh nặng to lớn nhất trên những người ít khả năng chi trả nhất, đẩy họ vào sâu hơn trong hệ thống tư pháp,” Phó Trợ lý Chính của Tổng Chưởng lý Amy L. Solomon thuộc Văn phòng Chương trình Công lý đã nói. “Chúng ta sẽ làm việc với các thẩm quyền tài phán trên toàn quốc để chấm dứt hay giới hạn những thực hành bất công này, để cho người lớn và thiếu niên trong hệ thống tư pháp có cơ hội họ cần để tiến tới trong cuộc đời của họ.”
Trong những tuần sắp tới, Văn phòng Trợ lý Tư pháp sẽ đồng thời công bố một mời gọi tìm kiếm một nhà cung cấp huấn luyện và trợ giúp kỹ thuật để làm việc với một số thẩm quyền tài phán chọn lọc nào có ý muốn tìm hiểu và cải tổ chính sách và thực hành tiền phạt và chi phí của họ. Mục tiêu tối thượng là để giúp những thẩm quyền tài phán này giảm thiểu sự sử dụng tiền phạt và chi phí bất công và chuyển hướng những nguồn tài nguyên đã dùng trong những hệ thống này vào những hoạt động với kết quả lớn hơn về an toàn công cộng.
Bức thư căn cứ trên những nguyên tắc hiến pháp cơ bản, bao gổm Tu chính án thứ Sáu, thứ Tám, và thứ Mười bốn, cũng như các quy chế liên bang chống phân biệt đối xử, bao gồm Tiêu đề VI của Bộ luật Dân Quyền năm 1964 (Title VI) và Bộ luật Kiểm soát Tội phạm và Luật An toàn Đường phố Omnibus năm 1968 (Safe Streets Act). Một bản sao của bức thư này có thể tìm được ở đây. Các thông tin phụ thuộc về công việc của Bộ phận Dân quyền để bảo vệ và giữ vững quyền hiến định và dân quyền cũng có sẵn trực tuyến tại www.justice.gov/crt. Những khiếu nại về thực hành phân biệt đối xử có thể báo cáo về Bộ phận Dân quyền qua cổng báo cáo trực tuyến của họ tại civilrights.justice.gov.
Statement from Attorney General Merrick B. Garland on the 28th Anniversary of the Oklahoma City BombingRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland in recognition of the 28th anniversary of the Oklahoma City Bombing, which took place on April 19, 1995, in Oklahoma City, Oklahoma:
“Today, we mark 28 years since a domestic terrorist bombed the Alfred P. Murrah Federal Building in Oklahoma City on April 19, 1995.
“Today, we remember the 168 people, including 19 children, whose lives were taken and the hundreds who were injured. We send our deepest condolences to the families who are still mourning an unspeakable loss. We commemorate the extraordinary resilience and grace that the Oklahoma City community continues to demonstrate in the wake of that loss.
“And today, here at the Justice Department, we recommit ourselves to doing everything we can to prevent a tragedy like this from ever happening again. We remain vigilant in the face of the threat posed by domestic terrorism. And we remain committed to pursuing accountability for those who perpetrate such attacks and to pursuing justice for the victims and survivors.
“We will never forget what happened in Oklahoma City on April 19. We will never stop telling and retelling the story of that day, and of how the Oklahoma City community responded to hatred and division with compassion and unity. And we will never stop working to honor the memories of those we lost.”
South Carolina Woman Pleads Guilty to Fraud Conspiracy Targeting Retirees and Military Pension HoldersRead the Press Release
A South Carolina woman pleaded guilty to conspiracy for her role in a nationwide structured cash flow scheme that exploited military veterans in desperate financial straits and targeted elderly investors seeking a safe retirement investment.
Candy Kern, 55, of Anderson, South Carolina, was the managing partner of a small South Carolina-based law firm. From approximately 2012 through 2021, she used her law firm to facilitate a fraudulent scheme involving illegal assignment of veterans’ benefits.
The scheme worked as follows: Numerous individuals and small corporate entities, referred to as Structured Cash Flow (SCF) entities, offered veterans – many of whom were in acute financial distress – an up-front lump sum payment in exchange for the assignment of the veterans’ monthly pension and/or disability payments for a period of time. Working through a network of investment advisors and insurance agents, the SCF entities would then solicit retirees to invest in these contracts – providing the up-front lump sums under the false pretense that the flow of repayments by veterans over time would translate into a return for the retiree-investors.
For more than eight years, Kern, through her law firm, served as the banker, legal counsel, and debt collector for the SCF operation. Among other services, Kern’s law firm (1) managed, controlled, and maintained the bank accounts through which payments to and from investors and veterans flowed; and (2) filed suits against veterans who defaulted. Throughout the duration of the scheme, and unbeknownst to the veterans or the retirees, the pension assignment contracts were in fact void, as it is illegal to assign a pension under federal law – a fact Kern knew but never disclosed during the execution of any contract.
Over time, the scheme collapsed, as many veterans (who tended to be in dire financial straits) either were unable to repay their “obligations” under the contract or opted not to do so upon learning that federal law prohibited pension assignments. Over the course of this scheme, approximately $14 million in illegally assigned veterans’ benefits flowed through the accounts controlled by Kern’s law firm. Notwithstanding the invalidity of the contracts, Kern pursued enforcement actions against veterans who defaulted, securing numerous default judgments against veterans in absentia. As a result, Kern’s law firm received approximately $1,446,336, while retiree-investors – who were misled and fraudulently induced to purchase the SCF product without being informed of all material information about the contracts – lost approximately $31,352,897.26.
“This elaborate scheme preyed upon and exploited some of our most vulnerable populations, and when it collapsed, it left thousands of veterans in financial ruin and scores of retiree-investors without adequate resources to retire,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The Department is committed to protecting servicemembers, veterans, and older adults from fraud. And we are dedicated to ensuring that those involved in this scheme are held accountable.”
“The District of South Carolina has been at the forefront of prosecuting fraud related to veterans’ pensions and associated investment scams,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “It is reprehensible that a former member of the South Carolina state bar would participate in such a scheme and use her standing as a lawyer to give victims a false confidence. My office will continue its efforts to protect our veterans and to bring perpetrators to justice.”
“This guilty plea is a true testament to the FBI’s steadfast mission to uphold justice and protect the most vulnerable members of our society from financial exploitation and fraud,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “The FBI recognizes the sacrifice and dedication of our veterans and values the contributions of our seniors to our communities. The guilty plea represents our commitment to holding accountable those who seek to take advantage of our nation’s heroes and seniors.”
Assistant U.S. Attorney William Watkins for the District of South Carolina and Trial Attorneys Ehren Reynolds and Yolanda McCray Jones of the Civil Division’s Consumer Protection Branch prosecuted the case.
The matter was investigated by the FBI. The Veterans Benefits Administration’s Benefits Protection and Remediation Division and the Defense Finance Accounting Service also assisted. Resources from the Department of Justice’s Servicemembers and Veterans Initiative and the Transnational Elder Fraud Strike Force aided in the investigation and prosecution.
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.
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 https://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. For more information on the Servicemembers and Veterans Initiative, or to file a complaint, visit https://www.justice.gov/servicemembers.
Justice Department Hosts Forum in Newark, New Jersey to Highlight Nationwide Effort to Combat Modern-Day RedliningRead the Press Release
The Justice Department hosted a forum in Newark, New Jersey, to discuss efforts to combat modern-day redlining. Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in certain communities because of the race, color or national origin of the residents of those communities.
The forum, which commemorated Fair Housing Month and the 55th anniversary of the Fair Housing Act, featured Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, Director Rohit Chopra of the Consumer Financial Protection Bureau (CFPB), U.S. Attorney Philip Sellinger for the District of New Jersey and New Jersey Attorney General Matthew Platkin, who each spoke at today’s program about their respective agencies’ response to the pernicious problem of residential redlining. Newark Mayor Ras Baraka also provided opening remarks at the event, which was hosted at Seton Hall Law School.
“We must use every tool available to us to confront modern-day redlining and to hold banks and financial institutions accountable when they fail to provide communities of color equal access to lending opportunities,” said Assistant Attorney General Clarke. “Since the launch of the Justice Department’s Combating Redlining Initiative, we have secured nearly $85 million dollars in relief for communities that have suffered from lending discrimination. Redlining, appraisal discrimination, so-called crime-free ordinances and racial steering stand as continued threats to fair housing and economic opportunity in our country – we are committed to eradicating these unlawful practices that have caused harm to communities of color for far too long.”
“Redlining is not a relic of the past. It exists in new forms, including in the physical and digital worlds,” said CFPB Director Rohit Chopra. “When it comes to modern-day redlining, the CFPB is prioritizing efforts with federal and state prosecutors to uncover illegal digital redlining by algorithms and artificial intelligence, reverse redlining through predatory targeting, and harmful discrimination by nonbanks.”
“Part of the promise of America is equal opportunity,” said U.S. Attorney Sellinger. “Achieving that dream should be color blind – whether you get a home loan should not depend on the color of your skin or national origin. Redlining is racist, pure and simple. This type of systemic and intentional discrimination cannot – and will not – be tolerated.”
“Access to quality and safe housing is a right that should be enjoyed by all,” said New Jersey Attorney General Matthew J. Platkin. “As we commemorate the 55th anniversary of the Fair Housing Act, we still have work to do to ensure that no one is denied that right due to the color of their skin or national origin. New Jersey’s strong housing laws and our federal fair lending laws send the message that we will not tolerate discriminatory practices in housing access, and, as a nation, we must ensure that those laws are enforced.”
“Redlining has been historically pervasive and deliberate in this country, and cities like Newark have been at the front end of the abuse. While redlining is illegal, we know that this ugly form of racism is still widely practiced,” said Mayor Baraka. “To deny people, specifically in Black and Latino neighborhoods in Newark, mortgage-lending services, based strictly on their race, robs and makes the American dream of homeownership unattainable. It impedes families from building generational wealth and widens the racial wealth gap. We must hold lenders accountable for their illegal and racist policies and behaviors and take deliberate action to reverse the effects of redlining and stop it.”
The forum also featured Seton Hall Law professors as well as civil rights stakeholders in New Jersey, who provided their invaluable perspectives on the effects of redlining on communities of color in New Jersey, and the vital role that community engagement can play in combating redlining. In connection with the event, the Justice Department’s Civil Rights Division also released a fact sheet highlighting the successes of the Combating Redlining Initiative.
In October 2021, Attorney General Merrick B. Garland launched the Justice Department’s Combating Redlining Initiative, a coordinated enforcement effort to address this persistent form of discrimination against communities of color. The initiative has expanded the department’s reach by strengthening partnerships with U.S. Attorneys’ Offices around the country, regulatory partners and its partners in state Attorneys General offices. Since the initiative was launched, the department has announced six redlining cases and settlements and nearly $85 million in relief for communities of color that have been victims of lending discrimination across the country, including a $31 million settlement with City National Bank, the largest redlining settlement in department history. The settlements also include two agreements with Trident Mortgage Company, for $20.4 million, and the Lakeland Bank, for $13.4 million. These two settlements provide tens of millions of dollars to increase credit opportunities for residents of communities of color in and around Camden and Newark, New Jersey.
Additional information about the department’s fair lending enforcement can be found at Fair Lending Program. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291, or submitting a report online. Individuals may also report civil rights violations through www.justice.gov/usao-nj/civil-rights-enforcement or call the U.S. Attorney’s Civil Rights Hotline at (855) 281-3339.
Former Alabama Correctional Sergeant Found Guilty of Civil Rights Violations and Obstruction for Assaulting Three Incarcerated People with a Riot-Baton and Falsifying a ReportRead the Press Release
A federal jury returned guilty verdicts on all four counts of the indictment against a former Alabama Department of Corrections (ADOC) sergeant for assaulting three incarcerated persons with a riot-baton and then writing a false report to cover up the beating.
In April 2022, a federal grand jury in the Middle District of Alabama returned a four-count indictment against Lorenzo Mills, 55, that included three civil rights charges and a charge for writing a false report. Evidence presented at trial proved that on Oct. 25, 2020, Mills, while acting in his official capacity as a correctional sergeant with ADOC, subjected three incarcerated persons to cruel and unusual punishment by striking them with a wooden riot-baton. According to trial evidence and testimony, one victim suffered a broken arm, and two others suffered injury, including pain and bruising, as a result of the beating. After the unlawful use of force, the defendant authored a use of force report wherein he denied using any force against the victims.
“This verdict shows that our community members agree that no person is above the law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Constitution protects the rights of all people, including those in our jails and prisons. We will continue to prosecute correctional officers who abuse their power and use our federal civil rights laws to protect the rights of those detained inside our jails and prisons.”
“Correctional officers have an important and difficult job,” said U.S. Attorney Sandra J. Stewart for the Middle District of Alabama. “These officers are tasked with maintaining good order and safety in our prisons, while protecting the constitutional rights of the inmates they supervise. Although most correctional officers serve honorably, my office will work tirelessly to ensure rogue officers are held accountable.”
“An individual's rights do not end after being convicted of a crime,” said FBI Special Agent in Charge Paul W. Brown of the Mobile Field Office. “The FBI takes any violation of civil rights seriously, especially allegations against those sworn to protect and uphold the law. The few who tarnish the badge and illegally use their official capacity will be caught and tried like any other criminal.”
Mills faces a statutory maximum sentence of 10 years in prison for the civil rights charges and 20 years in prison for the obstruction of justice offense.
Assistant Attorney General Clarke, U.S. Attorney Stewart for the Middle District of Alabama and Special Agent in Charge Brown made the announcement.
The FBI Mobile Field Office and ADOC’s Law Enforcement Services Division investigated the case.
Assistant U.S. Attorney Eric Counts for the Middle District of Alabama and Trial Attorney David Reese of the Civil Rights Division’s Criminal Section prosecuted the case.