District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Justice Department Files Lawsuit and Proposed Consent Decree to Prohibit Activision Blizzard from Suppressing Esports Player CompensationRead the Press Release
The Justice Department filed a civil antitrust lawsuit today against Activision Blizzard, Inc. (Activision), one of the world’s largest video game developers and publishers, for imposing rules that limited competition for players in Activision’s Overwatch and Call of Duty professional esports leagues and suppressed the wages of esports players in these leagues in violation of the Sherman Act.
“Video games and esports are among the most popular and fastest growing forms of entertainment in the world today, and professional esports players—like all workers—deserve the benefits of competition for their services. Activision’s conduct prevented that from happening,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Today’s lawsuit makes clear that the Antitrust Division remains committed to protecting workers across all types of industries from anticompetitive conduct.”
The complaint, filed today in the U.S. District Court for the District of Columbia, alleges that in two esports leagues owned by Activision, Activision and the independently-owned teams in each league implemented a so-called Competitive Balance Tax. As alleged in the complaint, the Tax was structured to penalize teams in the Overwatch and Call of Duty Leagues, respectively, if a team’s player compensation exceeded a threshold set by Activision.
At the same time, the Antitrust Division filed a proposed consent decree to address its competition concerns. If approved by the Court, the proposed consent decree would prohibit Activision from imposing any rule that would, directly or indirectly, limit player compensation in any of Activision’s professional esports leagues, or that would tax, fine, or otherwise penalize any team for exceeding a certain amount of compensation for its players.
The proposed consent decree with Activision would also require Activision to certify that it has ended all Competitive Balance Taxes in its professional esports leagues, to implement revised antitrust compliance and whistleblower protection policies, and to provide notice and an explanation of the final judgment to teams and players in its professional esports leagues.
As required by the Tunney Act, the proposed consent decree, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed consent decree during a 60-day comment period to Chief, Civil Conduct Task Force, Antitrust Division, Department of Justice, 450 Fifth Street NW, Suite 8600, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
Today’s lawsuit is part of a broader focus of the Antitrust Division on anticompetitive labor market abuses. Anyone with information about anticompetitive conduct against workers, or any other violations of the antitrust laws, is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or [email protected].
Readout of Deputy Attorney General Lisa Monaco’s Trip to CaliforniaRead the Press Release
Deputy Attorney General (Deputy AG) Lisa Monaco traveled to Northern California this week to advance the Justice Department’s efforts to combat emerging threats posed by autocratic regimes and malign cyber actors, further partnerships with state and local law enforcement, and root out sexual abuse at the Federal Bureau of Prisons (BOP).
The Deputy AG delivered the opening keynote address at the 2023 Verify Conference, an annual gathering that brings together leading journalists, national security officials, and leaders in the technology industry and civil society for a discourse on emerging issues in cybersecurity and technology policy. She highlighted the Justice Department’s cybersecurity pivot over the last two years, to a strategy that puts victims first and prioritizes prevention and disruption, and she discussed how the newly created Disruptive Technology Strike Force is using 21st century tools and techniques to target illicit actors, harden supply chains, and protect critical technologies. While in the Bay Area, she also engaged in a planning session with local Strike Force members.
Deputy AG Monaco also visited the Federal Corrections Institute at Dublin as part the Department’s ongoing efforts, led out of her office, to address sexual misconduct within the Federal Bureau of Prisons (BOP). She was joined by BOP Director Colette Peters; U.S. Attorney for the Northern District of California, Ismail Ramsey; and her Principal Associate Deputy Attorney General (PADAG) Marshall Miller. PADAG Miller chaired a group of senior Justice Department officials, which issued more than 50 recommendations in November 2022 to strengthen the Department’s response to sexual misconduct perpetrated by BOP personnel. The Deputy Attorney General has directed implementation of each recommendation and created a standing Advisory Group to address the problem.
The Deputy AG, Director Peters, U.S. Attorney Ramsey, and PADAG Miller reviewed the facility’s conditions, medical and mental health services, reentry programming, and processes for individuals to report sexual abuse and to access counsel. They also spoke directly with women in custody. Prior to her visit, Deputy AG Monaco met with local community advocates who work directly with individuals in custody and are pursuing reforms at FCI Dublin.
Her trip ended at the National Association of Former U.S. Attorneys’ annual conference, where she delivered the closing keynote address on upholding the Justice Department’s norms and traditions and defending the rule of law, including by combating corporate crime.
While in California, the Deputy AG visited the U.S. Attorney’s Office for the Northern District of California, where she met with U.S. Attorney Ramsey and his leadership team, as well as the prosecutors, professional staff, and leaders of federal and local law enforcement agencies to reinforce the strength of partnerships and thank them for their dedication to public safety, including tackling violent crime and the threat posed by illicit drugs, like opioids and fentanyl.
Justice Department Commemorates International Transgender Day of VisibilityRead the Press Release
The Justice Department today commemorates International Transgender Day of Visibility, a day that celebrates and lifts up the accomplishments of transgender, nonbinary, and gender nonconforming people throughout the United States.
“International Transgender Day of Visibility is an important opportunity to reaffirm that transgender people deserve to be treated with dignity and respect and to live free from discrimination, violence, and threats of violence,” said Attorney General Merrick B. Garland. “Protecting the civil rights of everyone in our country was the Justice Department’s founding purpose, and it remains our urgent charge.”
Yesterday, the Justice Department’s Civil Rights Division joined with the FBI and the Community Relations Service (CRS) to host a webinar ahead of International Transgender Day of Visibility.
“Members of the LGBTQI+ community must be able to live free of discrimination, harassment, violence, and threats of violence,” said Assistant Attorney General Kristen Clarke. “That is why the Justice Department’s Civil Rights Division has been using every tool in our arsenal to protect the civil rights of LGBTQI+ community members.”
“We want to make it clear that the FBI does not tolerate violence against any members of our communities for any reason,” said FBI Deputy Assistant Director Aaron Tapp. “We will continue to work tirelessly to protect the LGBTQI+ community and the American people, and to uphold the Constitution of the United States.”
“As America’s Peacemaker, the CRS provides facilitation, mediation, training, and consultation services to help communities prevent and resolve future conflicts,” said CRS Director Paul Monteiro. “And we work with our Justice Department partners to connect federal, state, and local law enforcement with community members in order to build trust, restore respect, and create inclusive and equitable communities for all.”
The Civil Rights Division has used its civil and criminal authorities to enforce laws that guarantee the right of transgender people to live in our communities free from discrimination and threats and acts of violence. For example:
- The division issued a letter to all state attorneys general reminding them of federal constitutional and statutory provisions that protect transgender youth against discrimination, including when those youth seek gender-affirming care.
- The division has also filed statements of interest and amicus briefs in several cases involving the civil and constitutional rights of transgender people, including in Kluge v. Brownsburg Community School Corp. (7th Cir.), Brandt v. Rutledge (8th Cir.), and Corbitt v. Taylor (11th Cir.).
- The division is also challenging Alabama’s Senate Bill 184 (2022), a statute which has been preliminary enjoined by a federal district court, that criminalizes certain forms of gender affirming medical care for transgender minors but allows that same care when cisgender minors seek it.
- The division, along with the U.S. Attorney’s Offices, continues to use federal civil rights laws to secure indictments and convictions in federal hate crimes cases charging defendants for assaulting transgender victims because of their gender identity.
Additional information about the Civil Rights Division’s work to uphold and protect the civil and constitutional rights of LGBTQI+ individuals is available online 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 www.civilrights.justice.gov.
Four Additional States Join Justice Department’s Suit to Block JetBlue’s Acquisition of Spirit AirlinesRead the Press Release
Today, the Attorneys General of California, Maryland, New Jersey, and North Carolina joined a civil antitrust lawsuit filed by the Justice Department’s Antitrust Division, the Commonwealth of Massachusetts, the State of New York, and the District of Columbia to block JetBlue’s proposed $3.8 billion acquisition of Spirit Airlines. The Antitrust Division and the state Attorneys General filed an amended complaint in the District of Massachusetts.
“We look forward to litigating this important case alongside our state law enforcement partners to stop JetBlue from eliminating its rival, Spirit,” said Principal Deputy Assistant Attorney General Doha Mekki. “Today we welcome the States of California, Maryland, New Jersey, and North Carolina, who join the complaint to protect the benefits of competition in the airline industry on behalf of their residents.”
Swiss Executive Pleads Guilty to Conspiracy to Defraud the IRSRead the Press Release
An executive of the holding company that owns Privatbank IHAG pleaded guilty today to conspiring to conceal over $60 million of undeclared assets held by wealthy American clients of the Swiss private bank.
According to court documents and statements made in court, from approximately 2009 to 2014, Daniel Wälchli, a member of the bank holding company’s executive board, worked with others to help Privatbank IHAG conceal the accounts of American customers who did not want to disclose their Swiss bank accounts to the IRS. The scheme involved a number of steps designed to obscure these undeclared accounts by stripping them of any indicia of U.S. ownership. Known as the “Singapore Solution,” members of the conspiracy sent over $60 million dollars on “round trips” across the globe. The money was sent from Privatbank IHAG accounts in Switzerland to a bank in Hong Kong before returning to Privatbank IHAG in accounts held by a Singaporean asset manager owned and controlled by the Swiss bank’s holding company.
Pursuant to the terms of his plea agreement, Wälchli will not dispute that the tax loss was $531,524, and he agrees that a sentencing enhancement for “sophisticated means” is appropriate.
Wälchli faces a maximum penalty of five years in prison. He also faces a period of supervised release and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Damian Williams for the Southern District of New York made the announcement.
IRS-Criminal Investigation is investigating the case.
Senior Litigation Counsel Nanette Davis and Trial Attorney Christopher Magnani of the Justice Department’s Tax Division and Assistant U.S. Attorney Olga Zverovich of the Southern District of New York are prosecuting the case.
St. Croix Man Sentenced to 12 Months on a Felon in Possession of a Firearm ConvictionRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced today that Moises Figueroa, Jr., age 48, of St. Croix, was sentenced by District Court Judge Wilma A. Lewis to 12 months imprisonment on his conviction of a Felon in Possession of a Firearm. Judge Lewis also sentenced Figueroa to 2 years of supervised release, a fine of $2,000.00, and a special assessment of $100.
According to court documents, on May 26, 2021, federal law enforcement agents conducted a controlled delivery at the Frederiksted Post Office in St. Croix of two packages containing firearms. Figueroa was arrested after he collected both packages at which time federal agents seized a loaded Taurus semi-automatic pistol from Figueroa’s waistband. Figueroa was charged with illegally possessing the Taurus semi-automatic pistol knowing that he was convicted of a felony in 2007, namely Unauthorized Possession of a Firearm, in People of the Virgin Islands v. Moises Figueroa, SX-06-CR-504.
The United States Postal Inspection Service, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, and Firearms investigated the case, and Assistant United States Attorney Daniel H. Huston prosecuted the case. This case was part of the Department of Justice’s Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. For more information on the Department of Justice’s Project Safe Neighborhoods, please see: https://www.justice.gov/psn.
Justice Department, Federal Trade Commission and European Commission Hold Third U.S.-EU Joint Technology Competition Policy DialogueRead the Press Release
DOJ Assistant Attorney General Kanter (left), European Commission Executive VP Vestager (middle), and FTC Chair Khan (right) meet for TCPD.The Justice Department’s Antitrust Division Assistant Attorney General Jonathan Kanter, Federal Trade Commission (FTC) Chair Lina M. Khan, and Executive Vice President Margrethe Vestager of the European Commission met today in Washington, D.C., for the third meeting of the U.S.-EU Joint Technology Competition Policy Dialogue (TCPD). The principals and senior staff met to continue work on cooperation in ensuring and promoting fair competition in the digital economy.
“Agencies around the world are adjusting their competition enforcement and regulatory regimes to account for new market realities and in particular the challenges of the digital economy,” said Assistant Attorney General Kanter. “Sharing best practices with the European Commission through the TCPD has been extraordinarily valuable to the U.S. agencies.”
“The Joint Dialogue continues to provide an invaluable forum for the U.S. agencies to engage with the European Commission on challenges in digital markets,” said FTC Chair Khan. “At this moment of unique risk and opportunity, it is especially critical that we deepen our cooperation with key enforcement partners.”
“Today’s meeting has proven once again how fruitful it is to keep engaging in a close cooperation between the European Commission and the U.S. competition authorities,” said European Commission Executive Vice President Vestager. “Exchanging our experiences and ideas on how best to anticipate and address the fast-moving trends in tech markets is vital for achieving the shared goal of a fair, inclusive and pro-competitive digital transformation, to the benefit of consumers and businesses in both the EU and U.S.”
The discussions centered on critical themes the agencies are facing, including the reasons mergers between digital players may lead to competition concerns. The agencies also shared policy reflections in the area of abuse of dominance and monopolization in the digital sector and presented recent policy initiatives in this field. They also exchanged views on the evolving business strategies of big tech companies as well as on their implications for enforcement.
The agencies also announced planned liaisons of agency experts from the Antitrust Division and the FTC in Brussels, with each agency sending an official to assist with implementation of the Digital Markets Act (DMA).
On Dec. 7, 2021, the Justice Department, the FTC, and the European Commission launched the TCPD to further boost transatlantic cooperation on competition policy and enforcement in the digital sector in light of the common challenges facing the three authorities. Upon its launch, the Commission and U.S. competition agencies issued a statement regarding the TCPD and reaffirming their longstanding tradition of close cooperation on competition matters.
On June 15, 2021, President Biden and the European Commission President Ursula von der Leyen launched the U.S.-EU Trade and Technology Council (TTC). The TTC serves as a forum for the United States and European Union to coordinate approaches to key global trade, economic and technology issues and to deepen transatlantic trade and economic relations based on shared democratic values.
The Justice Department, the FTC, and the European Commission have a longstanding tradition of close cooperation in antitrust enforcement and policy, beginning even before the formal 1991 cooperation agreement between the European Commission and the United States regarding the application of their competition laws.
Justice Department Seeks to Shut Down Florida Return PreparersRead the Press Release
The United States filed a complaint in the U.S. District Court for the Southern District of Florida against Javier Campos; David DePablo; Krystallee Gonzalez; Alvaro Jauregui; Katya Rojas; Patricia Vanegas; JBC Tax Services LLC; WK Tax Services Inc.; Cutler Bay Tax Services Inc.; N.L.T.S., Inc. doing business as Naranja Lakes Tax Services Inc.; and Tax Services Group Corp. The civil complaint seeks to enjoin the defendants from preparing federal income tax returns for others. The complaint also requests that the court require Campos and the businesses he controls to disgorge the fees they obtained by preparing federal tax returns that make grossly incompetent, negligent, reckless, and/or fraudulent claims.
The civil complaint alleges that, from 2019 through 2022, the defendants prepared at least 12,000 tax returns annually. The complaint further alleges that Campos and the other defendants, using a variety of schemes, prepared tax returns that understate their customers’ tax liability and overstate their claimed refunds. The complaint alleges that the defendants prepared customers’ returns that included various false or fabricated deductions and credits, including:
- fabricated residential energy credits;
- fictitious deductions and credits for education expenses, including tuition and fees;
- false COVID-19 sick and family leave credits; and,
- bogus uncommon deductions, including for rental of personal property, unlawful discrimination claims, and reforestation amortization and expenses.
According to the complaint, Campos and the other defendants’ pattern of conduct has resulted in the issuance of inflated refunds to taxpayers and the loss of significant federal tax revenue.
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’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Jacksonville Tax Preparer Charged with Filing False ReturnsRead the Press Release
A federal grand jury in Jacksonville, Florida, returned an indictment today charging a Florida woman with aiding and assisting in the preparation of false tax returns, filing a false tax return and failing to file a tax return.
According to the indictment, between 2017 and 2019, Gloria Gray, who at times resided in Jacksonville, prepared false income tax returns, first while working at two Jacksonville tax preparation businesses, and then at her own business, Triple X Tax Services. The indictment alleges that Gray prepared individual income tax returns for multiple clients that collectively reported hundreds of thousands of dollars in fraudulent expenses and deductions, including false charitable deductions and unreimbursed employee business expenses.
In addition, Gray allegedly filed a false 2018 tax return that did not report all her income and she allegedly did not file a personal income tax return for 2019.
If convicted, Gray faces a maximum sentence of three years in prison for each false return count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Isaiah Boyd III and Richard (R.J.) Hagerman of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
California Pharmacist Agrees to Settle Allegations of FraudRead the Press Release
Gisele Nguyen, a pharmacist residing in Huntington Beach, California, has agreed to pay $3,933,993 to resolve allegations that she fraudulently billed the Medicare Program for medications that were never dispensed.
The United States alleged that, from at least Jan. 1, 2014, through Dec. 31, 2018, Nguyen, by and through the operation of Gisele Nguyen, Inc., doing business as Natico Pharmacy, which was located in Garden Grove, California, fraudulently submitted claims to Part D of the Medicare Program for prescription medications that were never dispensed to beneficiaries. According to the United States, inventory records showed that Natico Pharmacy did not purchase enough of these medications from wholesaler distributors to fill all of the prescriptions billed to Medicare.
“Federal health care programs provide critical health care services to millions of Americans,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable those who seek to defraud these programs, including by billing for goods or services that they did not provide.”
The resolution obtained in this matter was handled by the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, with assistance from the U.S. Attorney’s Office for the Central District of California.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. 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 matter was investigated by Senior Trial Counsel Jennifer Cihon, with assistance from Assistant U.S Attorney Zoran J. Segina for the Central District of California.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Two Additional Defendants Charged with Civil Rights Conspiracy Targeting Pregnancy Resource CentersRead the Press Release
A federal grand jury in the Middle District of Florida returned a superseding indictment charging two additional Florida residents with federal crimes arising out of a series of targeted attacks on pregnancy resource facilities in the state. Caleb Freestone, 27, and Amber Smith-Stewart, 23, were previously charged with the same offenses in March.
According to the superseding indictment, Gabriella Oropesa and Annarella Rivera, along with Freestone and Smith-Stewart, engaged in a conspiracy to prevent employees of reproductive health services facilities from providing those services. As part of the conspiracy, the defendants allegedly targeted pregnancy resource facilities and vandalized those facilities with spray-painted threats. Some of the co-conspirators are alleged to have spray painted threats, including “If abortions aren’t safe than niether [sic] are you,” “YOUR TIME IS UP!!,” “WE’RE COMING for U,” and “We are everywhere,” on a reproductive health services facility in Winter Haven, Florida. Facilities in Hollywood, Florida, and Hialeah, Florida, were also allegedly targeted.
The superseding indictment also alleges that Rivera, along with Freestone and Smith-Stewart, violated the FACE Act by using threats of force to intimidate and interfere with the employees of a reproductive health services facility in Winter Haven because those employees were providing or seeking to provide reproductive health services. The superseding indictment further alleges that Rivera, along with Freestone and Smith-Stewart, violated the FACE Act by intentionally damaging and destroying the facility’s property because the facility provides reproductive health services.
If convicted of the offenses, Rivera, Freestone and Smith-Stewart each face up to a maximum of 12 years in prison, three years of supervised release and fines of up to $350,000. Oropesa faces up to a maximum of 10 years in prison, three years of supervised release and a fine of up to $250,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Roger B. Handberg for the Middle District of Florida and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
The FBI Tampa Field Office investigated the case, with assistance from the FBI Miami Field Office, the Miami Police Department, the Hialeah Police Department and the Hollywood Police Department.
Assistant U.S. Attorney Lisa Thelwell for the Middle District of Florida and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section are prosecuting the case.
Anyone who has information about incidents of violence, threats, and obstruction that target a patient or provider of reproductive health services or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov.
For more information about clinic violence, and the Department of Justice’s efforts to enforce FACE Act violations, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Military Contractors Convicted for $7 Million Procurement Fraud SchemeRead the Press Release
A federal jury in the Northern District of Georgia convicted three military contractors today on one count of conspiring to defraud the United States and two counts of major fraud.
According to court documents and evidence presented at trial, former Envistacom LLC President and co-founder Alan Carson, former Envistacom Vice President Valerie Hayes, and the owner of another company, Philip Flores, conspired to defraud the United States at least from September 2014 through November 2016, by preparing and procuring sham quotes for government contracts totaling over $7.8 million. Carson, Hayes, and Flores also fraudulently prepared “independent” government cost estimates and other procurement documents for the award of these contracts and made false statements, representations, and material omissions to federal government contracting officials regarding these estimates being legitimate independent cost estimates and the sham quotes being “competitive.”
“Today, a jury returned a verdict to hold accountable these defendants who defrauded the federal government,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The Division and its law enforcement partners will continue to prosecute individuals who undermine the integrity of government procurement systems at American taxpayers’ expense.”
“Contractors are an integral part of our well-functioning government, and we expect them to be honest and forthright,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “The evidence at trial and the jury’s verdict show that these defendants placed their own benefit above honest dealing with the government.”
“The convictions of these individuals ensure the integrity of the contracting system that supports our nation’s warfighters,” said Special Agent in Charge Darrin K. Jones of the Southeast Field Office of the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS). “Companies that circumvent the contracting process for personal gain will be thoroughly investigated and held accountable for their fraudulent actions.”
“As this case demonstrates, those who attempt to defraud the government will be held accountable,” said Special Agent in Charge Scott Moreland of the Department of the Army Criminal Investigation Division (Army CID) Major Procurement Fraud Field Office. “Army CID and our law enforcement partners will vigorously enforce laws that protect our government from fraud.”
Carson, Hayes, and Flores were convicted of conspiracy to defraud the United States and major fraud. The individuals each face a maximum penalty of five years in prison and a fine of $250,000, or twice the pecuniary gain or loss, for conspiracy to defraud the United States. The maximum penalty for major fraud is 10 years in prison and a fine of $1 million, or, if the gross loss to the government or the gross gain to a defendant is $500,000 or greater, a fine of $5 million. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other relevant factors.
The Antitrust Division’s Washington Criminal II Section, the U.S. Attorney’s Office for the Northern District of Georgia, Army CID, and DCIS investigated the case.
Trial Attorney Brittany E. McClure of the Antitrust Division and Assistant U.S. Attorney Christopher J. Huber for the Northern District of Georgia prosecuted the case.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
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. For more information, visit https://www.justice.gov/procurement-collusion-strike-force.
INTERPOL Washington Hosts International Cybersecurity WorkshopRead the Press Release
Today, INTERPOL Washington Director Michael A. Hughes hosted INTERPOL’s Cybercrime Director Craig Jones for a cybersecurity workshop with law enforcement leaders from across the U.S. government. Participants in the workshop represented multiple agencies, each critical to our cybersecurity infrastructure.
"Cybercrime is a global problem that requires a global law enforcement response,” said Director Hughes. “With this workshop, we held some of t
Canvahe most important, timely, and relevant discussions in policing today. By strengthening our collaboration through workshops with international partners like INTERPOL, we can bolster our ability to take on new and emerging threats as a global community and work together to create a safer world.”
“We cannot underestimate the importance of partnerships,” said Director Jones. “This workshop was an excellent opportunity to understand how INTERPOL and our member countries can together counter and combat cybercrime nationally, regionally, and globally.”
Throughout the workshop, the law enforcement leaders discussed the role of police agencies in preventing cybercrime, the challenges of investigating cyber criminals, and the latest trends in the cyber landscape. U.S. leaders also discussed their plans to implement the U.S. National Cybersecurity Strategy 2023, while Director Jones discussed INTERPOL’s Global Cybercrime Strategy 2022-2025. The workshop was instrumental in developing collaborative partnerships through INTERPOL that can help achieve a safer and more secure digital ecosystem for all Americans.
INTERPOL Washington Deputy Director Marc Zimmermann, INTERPOL Cybercrime Director Craig Jones, and INTERPOL Washington Director Michael A. Hughes pose together during today's international cybersecurity workshop.A component of the U.S. Department of Justice co-managed by the U.S. Department of Homeland Security, INTERPOL Washington—the U.S. National Central Bureau (USNCB)—is the designated U.S. representative to INTERPOL. It serves as the national point of contact and coordination for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, tribal, and territorial law enforcement agencies.
Assistant U.S. Attorney Pleads Guilty to Conflict of Interest ViolationRead the Press Release
An Assistant U.S. Attorney pleaded guilty yesterday to illegally steering contracts to her spouse, in violation of the federal criminal conflict of interest statute.
According to court documents, Kathryn Drey, 55, of Pensacola, Florida, directed contracts from the U.S. Attorney’s Office for the Northern District of Florida to companies in which her spouse had a financial interest, including while she served as chief of the office’s Civil Division. Drey concealed her spouse’s financial interest in contracts to conduct title searches in litigation defended by the U.S. Attorney’s Office.
“Kathryn Drey committed a federal crime by enriching her family at the expense of her duty to the American people,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The Department of Justice is committed to holding accountable public servants who act with unlawful conflicts of interest, prioritizing financial gain over their ethical duties.”
“The public trusts Department of Justice employees to act with the highest integrity. Instead, Drey acted in her own self-interest to improperly profit from her official position,” said Special Agent in Charge James F. Boyersmith of the Department of Justice Office of the Inspector General (DOJ-OIG) Miami Field Office. “DOJ-OIG is committed to rooting out this kind of egregious misconduct and bringing perpetrators to justice.”
Drey pleaded guilty to one count of acting with a conflict of interest. She is scheduled to be sentenced on June 28 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The DOJ-OIG is investigating the case.
Trial Attorneys Lauren Castaldi and Nicholas Cannon of the Criminal Division’s Public Integrity Section are prosecuting the case.
Justice Department Announces Significant Milestone in Policing Reform Efforts for the City of Seattle and Seattle Police DepartmentRead the Press Release
The Justice Department announced today that it has jointly filed a proposed agreement with the City of Seattle that recognizes the city’s consistent compliance with the core requirements of a 2012 consent decree regarding the Seattle Police Department (SPD). The agreement includes important obligations that the city must take to continue the reform process.
The proposed agreement, which must be approved by the U.S. District Court for the Western District of Washington, describes the city’s and the SPD’s achievements in implementing the consent decree. For five years, the city has consistently complied with significant portions of the consent decree, including requirements regarding use of force (outside of the crowd management context), crisis intervention, stops and detentions, supervision and the city’s Office of Police Accountability.
The proposed agreement would replace the consent decree, but would require that the city continue to measure whether the reforms required by the consent decree remain effective. The city must also complete work in two remaining areas, use of force in crowd management and accountability.
“For over a decade, the Justice Department has worked to ensure that the City of Seattle and the Seattle Police Department undertake reforms necessary to bring about constitutional policing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our consent decree has provided the strong medicine needed to help cure problems and improve the way policing is carried out across the City of Seattle. Today we recognize the progress that has been made, the significant reforms instituted and the central role that the community has played and will continue to play in ensuring fair, non-discriminatory and effective policing moving forward.”
“The joint motion filed today acknowledges the significant progress of the City of Seattle and its Police Department, and very clearly lays out what must happen before all requirements of the consent decree may be terminated,” said First Assistant U.S Attorney Tessa M. Gorman for the Western District of Washington. “This proposed agreement allows the City of Seattle to focus on these remaining critical areas so that reforms in those areas become ingrained in the ways the Seattle Police Department engages with the community.”
The city has made notable progress in the areas where it has consistently complied with the consent decree for more than five years, and has adopted reforms that go beyond the explicit requirements of the consent decree. For example:
- Reduced Use of Force: SPD changed its policies and training regarding use of force, including how use of force is reported, reviewed and investigated. As a result, force is used in less than one-quarter of one percent of all events to which officers respond. SPD has reduced the use of serious force by 60%.
- Improved Response to Behavioral Health Crises: SPD reduced the use of force in crisis incidents to less than two percent of such incidents, and the majority of force used (65%) is low-level. SPD changed its response to people having behavioral health crises, including developing an advanced crisis intervention program, adopting a model where police and civilian mental health practitioners respond jointly and coordinating with King County to dispatch non-police mobile crisis teams to behavioral health incidents.
- Improved Response to Investigative Stops: SPD changed its policy, training and practices for investigative stops. The court monitor’s review has found that officers complied with legal and policy requirements in nearly all instances it assessed.
- New Bias-free Policing Policy and Training: SPD adopted a bias-free policing policy and, in consultation with the Community Police Commission, developed bias-free policing training. It also changed its procedures for addressing bias-related complaints.
- New Supervision Model: SPD changed its supervision practices, providing new training and adopting a new staffing model to ensure that all patrol officers have a consistent, highly-trained supervisor.
The proposed agreement, which must be approved by the U.S. District Court for the Western District of Washington, calls for continued work in the following areas:
- Use of Force/Crowd Management: SPD will develop new crowd management policies and provide them to the court and independent Court Monitor for approval. These policies include ways to report and review uses of force during crowd management.
- Accountability: Under the proposed agreement, the independent Court Monitor will review the city’s accountability system and propose any improvements.
This matter is handled by the Special Litigation Section of the U.S. Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office’s Civil Division.
The Civil Rights Division continues to prioritize constitutional policing and currently has pending investigations into police departments across the country, including in Minneapolis, Phoenix, New York City and Louisiana. The consent decree, proposed agreement, as well as additional information about the Civil Rights Division, are available on its website at https://www.justice.gov/crt/special-litigation-section.
Justice Department Announces Extradition and Guilty Plea in Connection with International Fraud SchemeRead the Press Release
One defendant pleaded guilty on March 27 in an international fraud scheme that preyed on elderly Americans, and the lead defendant in the case was extradited from Spain yesterday in connection with the same scheme.
Ezennia Peter Neboh, 48, of Madrid, Spain, made his initial appearance in Miami today to face federal charges. Neboh, and his co-defendants, Kennedy Ikponmwosa, 51, and Prince Amos Okey Ezemma, 49, also of Madrid; and Iheanyichukwu Jonathan Abraham, 44, Emmanuel Samuel, 39, and Jerry Chucks Ozor, 43, of London, were previously charged in the Southern District of Florida with conspiracy to commit mail fraud as well as counts of mail fraud and wire fraud. Samuel pleaded guilty March 27 in Miami to conspiracy to commit mail and wire fraud.
According to court documents, the defendants allegedly operated an inheritance fraud scheme. As part of that scheme, they sent personalized letters to elderly consumers in the United States over the course of more than five years. The letters falsely claimed that the sender was a representative of a bank in Spain and that the recipient was entitled to receive a multimillion-dollar inheritance left for the recipient by a family member who purportedly had died years before in Spain. According to the indictment, the defendants told a series of lies to consumers including that, before they could receive their purported inheritance, they were required to send money for delivery fees, taxes, and payments to avoid questioning from government authorities. The defendants collected money sent in response to the fraudulent letters through a complex web of U.S.-based former victims, whom the defendants convinced to receive money and forward to the defendants or persons associated with them. According to the indictment, victims who sent money never received any purported inheritance funds.
“Schemes that prey on the elderly are particularly insidious,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice’s Consumer Protection Branch will pursue and prosecute transnational criminals who defraud U.S. consumers, wherever they are located. I thank the Kingdom of Spain, including the Spanish National Police and the Ministry of Justice, for their tireless efforts in assisting U.S. authorities to find and arrest these individuals so that they may face charges here in the United States.”
“The U.S. Postal Inspection Service has a long tradition of protecting citizens from these types of schemes and bringing those responsible to justice,” said Postal Inspector in Charge Juan A. Vargas for the U.S. Postal Inspection Service (USPIS) Miami Division. “This extradition and guilty plea are a testament of the dedicated partnership between the Department of Justice’s Consumer Protection Branch, Homeland Security Investigations (HSI), and the U.S. Postal Inspection Service, to protect our citizens from these scams.”
“We are one step closer to ensuring that those who conned elderly victims for pure financial greed are brought to justice,” said Special Agent in Charge Scott Brown of HSI Arizona. “The recent extradition of one defendant and the guilty plea of another defendant involved in this inheritance fraud scheme demonstrates the commitment of HSI and our law enforcement partners to target offenders wherever they may live and ensure that those offenders answer for their crimes.”
According to court documents, Samuel admitted to defrauding over $6 million from more than 400 victims, many of whom he knew were elderly or otherwise vulnerable. He is scheduled to be sentenced by the Honorable Kathleen M. Williams on June 13, 2023, and faces a maximum penalty of 20 years’ imprisonment.
The Consumer Protection Branch, USPIS, and HSI are investigating the case.
Senior Trial Attorney Phil Toomajian and Trial Attorneys Josh Rothman and Brianna Gardner of the Justice Department’s Consumer Protection Branch are prosecuting the case. The Justice Department's Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, Europol, the Spanish National Police, the United Kingdom’s National Crime Agency, and the Portuguese Judicial Police all provided critical assistance.
The Department urges individuals to be on the lookout for these types of schemes. An inheritance scam is a form of an imposter scam in which fraudsters pretend to be someone they are not, often a lawyer, banker, or foreign official. These fraudsters will try to get people excited about a large windfall and may use legitimate-looking legal documents as part of the scam. Be wary of unexpected contact from individuals offering a large inheritance. Do not send money or provide information to anyone you do not know. Seek advice from a trusted individual or an independent professional if you are in doubt.
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.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Houston Attorney Pleads Guilty to Offshore Tax Evasion SchemeRead the Press Release
A Houston Attorney pleaded guilty today to conspiring to defraud the United States.
In September 2019, a federal jury in Houston convicted Jack Stephen Pursley, also known as Steve Pursley, after a several-day trial on charges relating to an offshore tax evasion scheme, and the Court sentenced him to 24 months in prison. However, Pursley’s conviction was reversed on appeal and the case was sent back to the trial court for further proceedings. Pursley has now pleaded guilty to the conspiracy with which he was charged, as set forth in Count One of the indictment.
According to court documents and the evidence presented at the 2019 trial, Pursley conspired with a former client to repatriate more than $18 million in untaxed income that the client had earned through his company, Southeastern Shipping. Knowing that his client had never paid taxes on these funds, Pursley designed and implemented a scheme whereby the untaxed funds were transferred from Southeastern Shipping’s business bank account, located in the Isle of Man, to the United States. Pursley helped to conceal the movement of funds from the IRS by disguising the transfers as stock purchases in United States corporations owned and controlled by Pursley and his client.
At trial, the government proved that Pursley received more than $4.8 million and a 25% ownership interest in the co-conspirator’s ongoing business for his role in the fraudulent scheme. For tax years 2009 and 2010, Pursley evaded the assessment of and failed to pay the income taxes he owed on these payments by, among other means, withdrawing the funds as purported non-taxable loans and returns of capital. The government showed at trial that Pursley used the money he garnered from the fraudulent scheme for personal investments, and to purchase assets for himself, including a vacation home in Vail, Colorado and property in Houston, Texas. In total, Pursley caused a tax loss to the IRS of more than $6.4 million.
Pursley is scheduled to be sentenced on June 8. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Senior Litigation Counsel Sean Beaty and Trial Attorneys Grace Albinson and Wilson Rae Stamm of the Justice Department’s Tax Division are prosecuting the case.
Former CFO of Russian Natural Gas Company Convicted of Making False Statements to the IRS, Failing to Disclose Offshore Accounts and Failing to File Tax ReturnsRead the Press Release
A federal jury found a Florida man guilty of failing to file a Report of Foreign Bank and Financial Accounts (FBAR), making a false statement to the IRS, and willfully failing to file tax returns.
According to court documents and evidence presented at trial, from 2005 to 2015, Mark Anthony Gyetvay of Naples, Florida, concealed his ownership and control over substantial offshore assets and failed to file and pay taxes on millions of dollars of income. After working as a certified public accountant (CPA) in the United States and Russia, Gyetvay became the chief financial officer of Novatek, a large Russian gas company. Beginning in 2005, Gyetvay opened two different accounts at a bank in Switzerland to hold substantial assets, which at one point had an aggregate value of over $93,000,000. Over a period of several years, Gyetvay took steps to conceal his ownership and control over these funds, including removing himself from the accounts and making his then-wife, a Russian citizen, the beneficial owner of the accounts. Additionally, despite being a CPA, Gyetvay did not file his 2013 and 2014 U.S. tax returns.
Gyetvay did not file FBARs, as required, to disclose his control over the Swiss bank accounts, at times, rejecting his accountant’s recommendation to do so. In an unsuccessful attempt to avoid significant financial penalties, Gyetvay made a false filing with the IRS using the Streamlined Foreign Offshore Procedures, available only to taxpayers whose failure to report offshore assets and income is due to non-willful conduct.
He is scheduled to be sentenced on September 21, 2023, and faces a maximum penalty of five years in prison for failing to file an FBAR, five years in prison for making a false statement and one year in prison for each willful failure to file a tax return. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Senior Litigation Counsel Stanley Okula, Assistant Chief David Zisserson and Trial Attorney Kevin Schneider of the Justice Department’s Tax Division are prosecuting the case.
Assistant Attorney General Jonathan Kanter Delivers Opening Remarks at the Second Annual Spring Enforcers SummitRead the Press Release
Good morning. I am incredibly honored and grateful to welcome you all to the second annual Enforcers Summit. I am deeply humbled to be in the presence of so many esteemed, talented and dedicated competition law enforcement officials from throughout our country and around the world.
We are gathered in the “Great Hall” here at the Justice Department. Today, it is most certainly living up to its name. Today’s collection of enforcers is truly “great.” Just this morning we will hear from leaders in the U.S., U.K., South Africa and the National Association of State Attorneys General. In total, we are joined today by senior officials from 30 global jurisdictions, 21 states and the District of Columbia.
And we are joined this morning by a livestreamed audience of a public that rightly demands solutions to the problems of monopoly and oligopoly. We meet at a time when a popular movement is growing in support of more robust competition enforcement in the United States and around the globe. Our fellow citizens, who are feeling the effects of monopoly power, are advocating for greater protection of markets and opportunities to compete and benefit from competition.
So let me start by saying that this is not just another conference. This is a chance for expert enforcers confronting similar challenges to exchange ideas and collaborate regarding the path forward at a time when our markets are experiencing tectonic shifts. I know I speak for my co-host FTC Chair Lina Khan when I say we are eager to listen and to learn.
We are experiencing change in our economies on par with, if not exceeding, the industrial revolution. The ideas of competition policy are timeless but only if we are willing to adapt the familiar tools of competition to keep pace.
Poles and wires have given way to 1s and 0s. Intermediaries that once protected against information sharing have given way to digital collusion. Data has replaced oil as the power source for our new industrial tools.
The models of the smokestack economy reflected the simple geometries of the physical world. Goods used to move up and down supply chains. Competitive relationships were vertical and horizontal.
Those facts have changed. We have platforms that are multi-dimensional, serving distinct users and businesses all at once with complex relationships. The geometries of our markets today often look more like gemstones than two-dimensional drawings. Gatekeeper power has become the most pressing competitive problem of our generation at a time when many of the previous generations’ tools to assess and address gatekeeper power have become outmoded.
But we are working to meet the moment. The group assembled today in this Great Hall is not sitting by idly. Together, we are not just advancing the dialogue, but adapting our tools, analytical frameworks and internal expertise with the courage and creativity to protect competition for our generation and generations to come.
Look around you. We are surrounded by enforcers who are confronting the necessity and boundless opportunities of modernization on a daily basis. Not just through papers and panels, but through the hard work of investigation and enforcement.
This is not an academic conference: it is an enforcers summit.
In the United States, we are invigorating monopolization and merger enforcement. The deterrent effect is powerful and the results are tangible.
Simply put — most anticompetitive deals are no longer getting out of the boardroom.
And the ones that do are facing a sophisticated and empowered team of career enforcement officials who are ready to examine market realities and are up to the tough but noble task or protecting our fellow citizens from the ills of anticompetitive mergers.
And would-be monopolists know that the antitrust agencies are standing by to challenge exclusionary conduct.
When it comes to monopolization, we have more active litigation and investigations than several prior decades combined.
As a result, the economy is rebuilding itself all around us. Little by little, day by day, the natural forces of competition are taking root and rebuilding competitive markets.
That was the genius of our respective legislators in passing competition laws in the first place. When we stop anticompetitive conduct; prohibit exclusion; and stop mergers that risk lessening competition, we let the natural forces of free and fair competition elevate our economies and democracies.
So let me open this conference with a note of optimism. Our work is making a difference.
We have already changed the calculus for businesses contemplating preserving their power through mergers or exclusionary conduct or cartel behavior. And as a result, we have reopened markets for competition to gradually reappear and to flourish.
As we confront the pivot to AI and to new paradigms of health care, finance and agriculture, I am incredibly hopeful.
So long as we continue to build on and maintain an aggressive enforcement posture that accounts for modern market realities, new technology will bring a new competitive reality to our economies.
Today, I hope we can learn from each other how to continue that success. We will open the morning with publicly-broadcast interviews and panels. I want to make a request about that — I want the audience of our fellow enforcers to be part of this event.
We will have time for Q&A at each session, and I want to encourage you to actively participate and to share your ideas.
Before we begin, I want to acknowledge that a lot of effort goes into pulling off an event like this. I want to thank the staff of the Antitrust Division and FTC who worked tirelessly to make today’s event happen. In particular, our International Section Chief Lynda Marshall, Competition Policy and Advocacy Chief Karina Lubell, Special Counsel for State Relations Sarah Allen and international counsel Becky Valentine.
If you had a hand in planning this event, can you please stand up so we can all give you a round of applause.
Also if you will indulge me, we are joined by the Antitrust Division’s newest Deputy Assistant Attorney General, Manish Kumar, who is responsible for criminal enforcement. Welcome, Manish.
With that, it’s my honor to introduce my co-host, FTC Chair Lina Khan. We all know Lina is a rockstar, and she’s joined by another rockstar, former U.K. Competition and Markets Authority head Andrea Coscelli. Lina and Andrea, I’m looking forward to your discussion.
It is truly my privilege to officially kick off our second annual Enforcers Summit.
Deputy U.S. Marshal Convicted of Conspiracy, Cyberstalking, Perjury, and ObstructionRead the Press Release
A federal jury convicted a deputy U.S. Marshal yesterday for conspiracy to commit cyberstalking, cyberstalking, perjury, and obstruction of a federal matter.
According to court documents and evidence presented at trial, Ian R. Diaz, 44, of Brea, California, and his then-wife, an unindicted co-conspirator (CC-1), posed as a person with whom Diaz was formerly in a relationship (Jane Doe). In that guise, they sent themselves harassing and threatening electronic communications that contained apparent threats to harm CC-1; solicited and lured men found through Craigslist “personal” advertisements to engage in so-called “rape fantasies” in an attempt to stage a purported sexual assault on CC-1 orchestrated by Jane Doe; and staged one or more hoax sexual assaults and attempted sexual assaults on Diaz’s former wife. Diaz and CC-1 then reported this conduct to local law enforcement, falsely claiming that Jane Doe posed a genuine and serious threat to Diaz and CC-1. Their actions caused local law enforcement to arrest, charge, and detain Jane Doe in jail for nearly three months for conduct for which Diaz and CC-1 framed her.
“Ian Diaz abused his position as a deputy U.S. Marshal to execute an intricate cyberstalking scheme that framed an innocent person for sexual assault, leading to her unjust imprisonment for 88 days,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As this prosecution demonstrates, the Criminal Division is committed to preserving the public’s confidence in law enforcement by holding accountable any official who violates their oath of office and victimizes the community they are sworn to serve.”
In addition, Diaz and CC-1 took steps to conceal their conduct, including using falsely registered email accounts, using virtual private networks to access the internet anonymously, and communicating with each other using encrypted messaging services. Diaz also deleted email accounts used to communicate in furtherance of the scheme.
“Yesterday’s verdict is the culmination of unrelenting investigative work that began in 2017 when the Cyber Investigations Office initiated this case,” said Special Agent in Charge Harry A. Lidsky of the Department of Justice Office of the Inspector General (DOJ-OIG) Cyber Investigations Office. “Diaz’s egregious actions and lies to law enforcement stripped a woman of her freedom and liberty. This kind of stalking, harassment, and obstruction is unconscionable, and yesterday, the jury held Diaz accountable for his crimes. I would like to thank the jury for their time, attention, and careful consideration of the facts of this case.”
“The evidence presented at trial exposed a harrowing scheme concocted by Diaz to frame someone for crimes they didn’t commit,” said Special Agent in Charge Zachary Shroyer of the DOJ-OIG Los Angeles Field Office. “Our investigators worked tirelessly to reveal the truth about the conspiracy, lies, and stalking he committed, and to find justice for his victim.”
Diaz was convicted of one count of conspiracy to commit cyberstalking, one count of cyberstalking, one count of perjury, and one count of obstructing a federal proceeding. He is scheduled to be sentenced on June 30 and 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 DOJ-OIG investigated the case.
Senior Litigation Counsel Marco A. Palmieri and Trial Attorney Rebecca G. Ross of the Criminal Division’s Public Integrity Section and Senior Trial Attorney Mona Sedky of the Computer Crime and Intellectual Property Section are prosecuting the case.
CEO of Titanium Blockchain Sentenced for $21M Cryptocurrency Fraud SchemeRead the Press Release
The CEO and founder of Titanium Blockchain Infrastructure Services Inc. (TBIS) was sentenced today to four years and three months in prison for his role in a cryptocurrency fraud scheme involving TBIS’s initial coin offering (ICO) that raised approximately $21 million from investors in the United States and overseas.
According to court documents, Michael Alan Stollery, 54, of Reseda, California, touted TBIS – a purported cryptocurrency investment platform – as a cryptocurrency investment opportunity, luring investors to purchase “BARs,” the cryptocurrency token or coin offered by TBIS’s ICO, through a series of false and misleading statements. Although he was required to do so, Stollery did not register the ICO regarding TBIS’s cryptocurrency investment offering with the U.S. Securities and Exchange Commission (SEC), nor did he have a valid exemption from the SEC’s registration requirements.
To entice investors, Stollery falsified aspects of TBIS’s white papers, which purportedly offered investors and prospective investors an explanation of the cryptocurrency investment offering, including the purpose and technology behind the offering, how the offering was different from other cryptocurrency opportunities, and the prospects for the offering’s profitability. Stollery also planted fake client testimonials on TBIS’s website and falsely claimed that he had business relationships with the Federal Reserve and dozens of prominent companies to create the false appearance of legitimacy. Stollery did not use the invested money as promised but instead commingled the ICO investors’ funds with his personal funds, using at least a portion of the offering proceeds for expenses unrelated to TBIS, such as credit card payments and the payment of bills for his Hawaii condominium.
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 Acting Special Agent in Charge Cory Nootnagel of the Office of Inspector General (OIG) for the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau, Western Region, made the announcement.
The FBI Los Angeles Field Office and the Federal Reserve Board OIG Western Region, San Francisco Office investigated the case.
Trial Attorneys Tian Huang and Andrew Tyler of the Criminal Division’s Fraud Section prosecuted the case.
Wisconsin Man Pleads Guilty to Making Racially-Charged Threats Toward Black ResidentsRead the Press Release
A Wisconsin man pleaded guilty to one felony count and one misdemeanor count of intimidating and interfering with Black residents because of their race and because they were exercising their right to fair housing.
According to court documents, William McDonald, 45, of West Allis, Wisconsin, admitted that in March 2021, he vandalized a Black woman’s vehicle parked outside her apartment by slashing her tires and smashing her windshield. McDonald then left a note on her car, filled with racial slurs, threatening to slash her throat and demanding she move out of West Allis. A week later, McDonald slashed two of her car tires and left another note filled with racial slurs and giving her an ultimatum – move out of the neighborhood or suffer violence. In April 2022, a Black woman and her two minor children moved into McDonald’s apartment complex. Shortly after they moved in, McDonald vandalized her front door with racial graffiti and left her a note, calling her family a racial slur and demanding she get out of the building.
“No one should feel unsafe in their home or be subjected to harmful and derogatory threats because of the color of their skin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to protect the housing rights of all individuals and vigorously prosecute those who use racially-charged threats to drive people from their homes.”
“The conduct at issue in this case strikes at the very core of the civil rights guaranteed to every American citizen under federal law,” stated U.S. Attorney Gregory J. Haanstad for the Eastern District of Wisconsin. “I commend the courage of those targeted by Mr. McDonald for coming forward. The U.S. Attorney’s Office remains committed to working with all of our federal, state, and local partners to hold individuals who violate the civil rights of others fully accountable under federal law.”
“Hate crimes are not only an attack on the victim, they threaten and intimidate an entire community. Because of their wide-ranging impact, investigating hate crimes is a top priority for the FBI,” said Special Agent in Charge Michael E. Hensle of the FBI Milwaukee Field Office. “As a law enforcement protector of civil right in the U.S., the FBI will continue to collaborate with our local and state law enforcement partners and bring to justice those who commit hate crimes.”
McDonald faces a maximum sentence of up to 11 years in prison. A sentencing date has been set for June 29. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Milwaukee Field Office and the West Allis Police Department are investigating the case.
Assistant U.S. Attorneys Christopher Ladwig and Philip Kovoor for the Eastern District of Wisconsin and Trial Attorney Nikhil Ramnaney of the Civil Rights Division’s Criminal Section are prosecuting the case.
Utah Man Pleads Guilty to Multiple Counts of Tax EvasionRead the Press Release
A Utah man pleaded guilty today to willfully evading the proper assessment of income tax.
According to court documents and statements made in court, Ashley James Robinson, of Farmington, filed false tax returns for years 2016 through 2019 that did not report a total of approximately $1,163,818 in income. As a result, Robinson caused a tax loss to the IRS of approximately $427,145.
He is scheduled to be sentenced on May 26, 2023, and faces a maximum penalty of five years in prison for each tax evasion count. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorney Boris Bourget of the Justice Department’s Tax Division and Assistant U.S. Attorney Bryan N. Reeves of the District of Utah are prosecuting the case.
Justice Department Recognizes One-Year Anniversary of the PAVE Task ForceRead the Press Release
The Justice Department today is joining interagency partners across the Biden-Harris Administration in highlighting the progress made to ensure that every American who buys a home has the same opportunities to build generational wealth through homeownership. The White House released a roundup of highlights of what the Interagency Task Force on Property Appraisal and Valuation Equity (PAVE) accomplished over the last year.
The Department of Justice is an engaged member of the Task Force, working to reduce barriers to homeownership and erode the influence of bias on the entire U.S. economy.
“The Department of Justice celebrates PAVE’s many significant accomplishments over the past year to identify and address illegal discrimination in appraisals,” said Associate Attorney General Vanita Gupta. “For too long, appraisal bias has created yet another obstacle to homeownership and all the benefits homeownership offers, including financial stability and a path to developing intergenerational wealth. The department remains steadfast in its commitment to combat appraisal discrimination and to promote fair and accurate appraisals for all families, regardless of their race or ethnicity.”
One year ago today, the PAVE – led by U.S. Department of Housing and Urban Development (HUD) Secretary Marcia L. Fudge and White House Domestic Policy Advisor Ambassador Susan Rice – released the PAVE Action Plan, the most wide-ranging set of commitments ever announced to advance equity in the home appraisal process.
More information on the PAVE Task Force’s progress and work can be found in this fact sheet.
Former Oklahoma Jail Officer Pleads Guilty to Civil Rights ViolationRead the Press Release
A former detention officer with the McClain County Jail in Purcell, Oklahoma, pleaded guilty to being deliberately indifferent to a substantial risk of serious harm to a pretrial detainee’s physical safety, thereby violating the pretrial detainee’s constitutional civil rights.
According to court documents and admissions, on April 21, 2019, Kyle Tecumseh, 25, was involved with moving a pretrial detainee, B.B., into a jail cell with a senior United Aryan Brotherhood (UAB) gang member whom Tecumseh knew was angry at and posed a danger to B.B. Thereafter, Tecumseh allowed another detention officer to move several more UAB gang members into the cell with B.B. and the senior UAB gang member. The UAB gang members then physically attacked B.B., as Tecumseh knew was likely to occur.
“As a detention officer, this defendant had a duty to ensure that the civil rights of pretrial detainees under his care and custody were protected,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Instead, the defendant abused his power and authority by allowing a pretrial detainee to be put in a situation where he faced a substantial risk of physical harm. The defendant is now being held accountable for his actions, and the Justice Department will continue to ensure that corrections officials are held responsible when they violate the civil rights of detainees and inmates under their care, custody and control.”
“Criminal conduct by any detention staff member erodes public trust and unfairly compromises the reputation of all corrections officials who honorably serve,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “Today’s guilty plea demonstrates our continuing commitment to protect all Oklahomans, including those in custody. I commend the prosecutors and law enforcement officials for their efforts here.”
“There is never a reason for a detention officer to resort to violating an inmate’s civil rights. The FBI understands that working in a correctional institution is stressful and dangerous work, and the vast majority of the men and women working in these institutions do their jobs honorably on a daily basis,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office. “When an officer violates the rights of detainees in their care, it erodes public trust in these important positions and damages the reputation of the hard-working officers who continue to serve.”
Tecumseh faces a maximum sentence of 12 months imprisonment and a $100,000 fine. In addition, according to court documents, Tecumseh agreed to never again seek employment in any law enforcement capacity and to pay the victim any owed restitution. A sentencing date will be set by the court in approximately 90 days.
The Oklahoma City FBI Field Office investigated the case.
Assistant U.S. Attorney Julia E. Barry for the Western District of Oklahoma and Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Section are prosecuting the case.
Readout of Assistant Attorney General Kristen Clarke’s Trip to LouisianaRead the Press Release
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division traveled to Louisiana as part of the division's civil rights tour to engage with stakeholders in underserved communities and reaffirm the department’s commitment to protecting the civil rights of all Americans.
On Monday, Assistant Attorney General Clarke along with U.S. Attorney Brandon Brown for the Western District of Louisiana met with approximately 20 community stakeholders in Tallulah, Louisiana. Tallulah is in Madison Parish, which has one of the highest poverty rates in the state. The meeting focused on a range of civil rights issues, including equitable education, voting rights and reentry efforts. The community leaders expressed their gratitude for the Justice Department’s willingness to engage with rural communities.
That afternoon, she traveled west to Grambling, Louisiana, to visit Grambling State University where she met with President Richard Gallot Jr. and participated in a fireside chat for students to hear their civil rights concerns, to discuss their paths as attorneys and to encourage the students to consider careers in civil rights.
For her last stop, Assistant Attorney General Clarke traveled to Shreveport, Louisiana. On Tuesday, she met with U.S. Attorney Brown’s “Focusing on the Future” Community Advisory Group to hear about racial justice issues in Shreveport, including, education, prison conditions and criminal civil rights prosecutions.
Later that afternoon, she met with the staff for the U.S. Attorney for the Western District of Louisiana and thanked them for their dedicated service and commitment to protecting civil rights.
In the coming weeks, Assistant Attorney General Clarke will continue meeting with stakeholders in underserved communities with the next stop in Memphis, Tennessee, in early April.
Assistant Attorney General Kristen Clarke (seated left center) with U.S. Attorney Brandon Brown (seated right center) with Civil Rights Division and Western District of Louisiana staff (seated) and Tallulah-Madison Parish community stakeholders (standing). Assistant Attorney General Clarke (center) with U.S. Attorney Brown (left) and Grambling State University President Gallot on campus. Assistant Attorney General Clarke and U.S. Attorney Brown took questions from students during their fireside chat discussion. Assistant Attorney General Clarke (center left) and U.S. Attorney Brown (center) with members of his “Focusing on the Future” Community Advisory Group. Assistant Attorney General Clarke and U.S. Attorney Brown with Western District of Louisiana staff in the Shreveport office and Shreveport Chief of Police Wayne Smith and Deputy Chief Antoine White.Medical Doctor and Treatment Facility Ordered to Pay Civil Penalties for Alleged Violations of the Opioid Addiction Recovery Fraud Prevention Act and Federal Trade Commission ActRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), today announced that the government will collect $100,000 in civil penalties from Defendants Dalal Akoury MD, PLLC, AWAREmed Wholistic Urgent Care, PLLC, and medical provider Dalal Akoury as part of a settlement to resolve alleged violations of the Opioid Addiction Recovery Fraud Prevention Act of 2018 and the FTC Act in connection with the advertising of treatment services of AWAREmed Health and Wellness Resource Center (AWAREmed).
In a complaint filed in the U.S. District Court for the Eastern District of Tennessee, the government alleged that, beginning since at least 2018 and continuing until at least June 16, 2022, the defendants made misleading and unsubstantiated advertising claims about the effectiveness of AWAREmed’s treatments for various illnesses, including substance use disorder, cancer, Parkinson’s Disease, and Alzheimer’s Disease. Among other things, the defendants allegedly claimed that virtually every patient at any stage of illness improved after visiting AWAREmed’s clinic, including through the remission of illnesses considered by most to be incurable. The complaint alleged these advertising claims were misleading and unlawful because they were not supported by competent and reliable scientific evidence.
“The Justice Department is committed to halting deceptive health marketing claims directed at consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “Misleading advertisements touting unproven medical treatments prevent consumers from making informed decisions about their health and wellness.”
“The opioid crisis claims lives and destroys communities all across the United States but especially in rural areas,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Doctors peddling phony promises should know that the FTC will use its strengthened authority from Congress to stop them from exploiting Americans struggling with addiction.”
In addition to civil penalties, the stipulated order entered by the court today prohibits the defendants from making similar advertising claims in the future. It also requires the defendants to notify affected consumers and to submit compliance reports to the FTC for over a decade.
This matter is being handled by Trial Attorneys Zachary L. Cowan and Amy P. Kaplan from the Civil Division’s Consumer Protection Branch, as well as Assistant U.S. Attorneys Ben D. Cunningham and Alexa Ortiz Hadley for the Eastern District of Tennessee. James Prunty, Shira Modell, and Elizabeth Sanger represent the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Justice Department Settles Lawsuit Against Neurosurgeon and his Fiancée Alleging Receipt of Illegal KickbacksRead the Press Release
Dr. Sonjay Fonn and Ms. Deborah Seeger of Cape Girardeau, Missouri, and their professional companies, Midwest Neurosurgeons, LLC and DS Medical, LLC, have agreed to pay $825,000 to resolve a lawsuit alleging that they violated the False Claims Act by soliciting and receiving kickbacks from spinal implant companies.
The Justice Department’s lawsuit alleged that Dr. Fonn, Ms. Seeger, Midwest Neurosurgeons, and DS Medical solicited and received remuneration from spinal implant companies in return for arranging for the use of those companies’ products in Dr. Fonn’s surgeries, in violation of the Anti-Kickback Statute. The Anti‑Kickback Statute prohibits soliciting or receiving anything of value in return for the referral of items or services covered by federal health care programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.
“The Anti-Kickback Statute plays a critical role in ensuring the integrity of medical care provided to federal health care program beneficiaries,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Treatment decisions should be determined by beneficiaries’ medical needs, not by kickbacks provided to their surgeon.”
“This case took nearly a decade of hard work by my office, the whistleblowers, the Departments of Justice and Health and Human Services, the FBI and the Missouri Attorney General’s Office,” said U.S. Attorney Sayler A. Fleming for the Eastern District of Missouri. “The U.S. Attorney’s Office will always vigorously pursue anyone who fraudulently obtains taxpayer money and defrauds Medicare and Medicaid.”
“Medical providers who accept kickbacks put personal financial gain before the needs of their patients. This behavior can harm patients and undermines the integrity of federal health care programs,” said acting Special Agent in Charge Linda Hanley of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG is proud to work alongside our federal and state partners to protect our programs from fraud and ensure that patient needs drive provider decisions.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Paul Cairns, Dr. Terry Cleaver, Dr. Kyle Colle, Dr. Scott Gibbs, Dr. Paul Tolentino, Dr. Kevin Vaught, and Daniel Henson. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The share to be paid to the private parties has not yet been determined in this matter.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the Eastern District of Missouri, with assistance from the FBI, the HHS-OIG, and the Medicaid Fraud Control Unit of the Missouri Attorney General’s Office.
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 matter was handled by Fraud Section Attorneys Diana Cieslak, David Finkelstein, and James Nealon, and Assistant U.S. Attorney Joshua Jones for the Eastern District of Missouri.
The case is captioned United States ex rel. Cairns, et al. v. DS Medical, LLC, et al., 1:12-cv-0004-LPR (E.D. Mo.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Federal Court Holds West Palm Beach Tax Preparer in ContemptRead the Press Release
A federal court in West Palm Beach, Florida, held on March 20 that Jeffrey Cadet violated a permanent injunction entered against him on Aug. 12, 2019, which barred him from acting as a federal tax return preparer or requesting, assisting in, or directing the preparation or filing of federal tax returns for others.
On Jan. 5, 2022, following an investigation of Cadet’s activities, the United States filed a Motion for Order to Show Cause asking the court to hold Cadet in civil contempt based on evidence that he was preparing tax returns without signing them as the return preparer. The investigation was undertaken by the Tax Division as part of its effort to monitor the conduct of return preparers who have been enjoined from preparing returns for others, and to hold accountable those who violate their injunction.
As the court noted, Cadet did not respond to the motion or contest the evidence against him. Based on the evidence presented by the United States, the court found that Cadet violated his injunction by continuing to prepare returns for customers and held him in civil contempt. To remedy his contempt, the court ordered Cadet to disgorge $24,410 in ill-gotten fees he received for conduct that violated the injunction. The court also ordered Cadet to pay the United States $7,386.39 to reimburse the government for the attorneys’ fees it incurred to investigate and prosecute his post-injunction conduct.
The injunction barring Cadet from preparing tax returns remains in effect, and the United States remains authorized to monitor his compliance with the court’s orders.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers, including “ghost preparers” who don’t sign the returns they prepare. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
백악관 법률 구조 부처간 원탁회의, 대통령 보고서 발표Read the Press Release
오늘 메릭 B. 갈랜드 법무장관은 백악관 고문 스튜어트 델러리와 공동으로 2022년도 백악관 법률 구조 부처간 원탁회의(Roundtable) 보고서를 발표했습니다. 보고서는 "간소화를 통한 사법 접근: 연방 정부 서류 양식, 절차 및 언어의 사람 중심 간소화를 위한 로드맵" (Access to Justice through Simplification: A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language,) 이라는 제목으로, "부유함 또는 지위와 상관없이 개인과 가족에게 의미있는 사법 접근 기회를 높이는" 원탁회의의 임무를 추진하는 데 있어 정부 기관들의 성과 및 공헌을 강조하고 있습니다.
메릭 B. 갈랜드 법무장관은 "정부 서류 양식과 절차는 변호사 또는 그들을 고용할 수 있는 여유를 가진 사람들뿐 아니라, 모든 사람에게 다가가기 쉬워야 한다"고 말했습니다. "원탁회의의 2022년도 보고서는 정부 기관들이 장벽을 낮추는 데 도움이 되고 연방 정부 프로그램 및 서비스에 대한 접근 확장을 위한 로드맵을 제공합니다."
보고서는 개인이 법적 도움을 구할 필요성을 줄이기 위해 연방 정부가 서류 양식 및 절차를 간소화할 방법들에 초점을 맞춥니다. 2022년에 원탁회의는 간소화된 로드맵을 개발하고 회원 기관의 모범 사례를 부각함으로써 프로그램, 서비스 및 혜택에 대한 접근을 확장하는 데 집중했습니다. 원탁회의의 2022년도 보고서는 앞으로 나아가는 3단계 계획을 구분했습니다: (1) 정부 프로그램에 의해 서비스 및 영향을 받는 지역사회와의 의미 있는 관계 유지를 통해 접근에 대한 장벽을 이해하며 (2) 관계 유지를 통해 받은 피드백 통합을 통해 전략을 실행하고 (3) 접근이 의미 있게 확장됐는지 또는 추가 개선 가능 여부를 측정하기 위해 간소화 노력의 영향을 평가합니다. 또한, 보고서는 회원 기관들의 성공적인 서류 양식 및 절차 간소화 노력을 보여주고 사람 중심 설계 및 지역사회 참여를 통해 범정부적 접근 개선을 위해 전념할 것을 촉진합니다.
사법접근실 실장 레이첼 로시는 "이 업무를 통해, 서류 양식, 절차 및 언어를 간소화하는 데 사람 중심 접근법을 최우선으로 하고 있다"고 밝혔습니다. 또한 "모두를 위한 사법접근을 실현하기 위한 우리의 노력은 현재 사법 업무가 지원되는 지역사회를 중심으로 이루어지는 것이 중요하다"고 덧붙였습니다.
2022년 12월에 메릭 갈랜드 법무장관과 스테이시 그릭스비 백악관 부수석 법률고문은 원탁회의 소집 공동의장을 맡아 미합중국 세컨드 젠틀맨 더글러스 엠호프와 바니타 굽타 법무차관의 발언과 참여로, 그리고 사법접근실 실장 레이첼 로시에 의해 조정되었습니다. 원탁회의에 참석한 기관장 및 고위급 관리들은 보훈부 장관 데니스 리처드 맥도너, 국토안보부 부장관 존 티엔, 사회보장국 국장 대행 키롤로 키자카지 박사, 미합중국 행정 회의 의장 앤드류 푸아, 소비자 금융 보호국 국장 로힛 초프라, 교육부 차관 제임스 크발, 평등 고용 추진 위원회 위원장 샬롯 버로우즈, 연방 통신 위원회 여성 위원장 제시카 로젠워셀, 대통령 부보좌관 차이래그 베인즈, 국방부 법률 고문 캐롤라인 크라스, 노동부 노동 사무변호사 시마 난다, 법률 서비스 공사 사장 로날드 플래그, 디지털 서비스 청장 미나 시앙, 부통령실 부수석 법률 고문 나스리나 발그지, 환경 보호국 법률 고문 제프리 프리에토, 내무부 수석 대리 사무변호사, 앤 마리 블렛소 다운즈, 정보 규제국 부국장 사빌 라만, 농무부 최고 고객 경험 책임자 심차 수베이케 보긴, 국제 개발처 수석 부행정관 칼 픽켄셔 및 국립 과학 재단 차장 알란 톰킨스를 포함합니다. 그 밖의 국무부, 재무부, 보건복지부 및 교통부 관리들이 참석했습니다.
원탁회의는 법률 서비스 제공자와 정부 자원에 접근하는 데 있어서 보편적으로 서비스가 취약하고 소외된 지역사회가 직면한 장벽을 이해하기 위해 지역사회와의 관계 유지의 중요성을 논의했습니다. 원탁회의는 연방 정부 서류 양식, 절차 및 언어를 간소화하는 효과적인 전략을 채택하는 데 관계 유지를 통해 알게 된 정보 통합의 중요성을 강조했습니다. 또한, 원탁회의는 연방 정부 혜택 및 프로그램에 대해 대중이 접근할 수 있도록 도움을 주는 법률 서비스 제공자의 업무를 되돌아 보고, 또한 서류 양식 및 절차의 간소화가 어떻게 법률 서비스 조직의 부담을 경감할 수 있는지 되돌아보았습니다.
또한, 회의 중 갈랜드 법무장관은 앨리 양-그린을 법무국 내부의 직책인 원탁회의의 기조실장으로 지명했습니다. 미스 양-그린은 사법 접근에 헌신한 뛰어난 경력을 가지고 있고 전에는 법무부 사법접근실의 변호사를 역임했습니다. 미스 양-그린은 공동의장의 지시에 따라 원탁회의의 정기 회의를 소집하고 업무를 감독하게 됩니다. 법무부의 사법접근실은 지속적으로 원탁회의에 직원을 제공하며 새로운 접근 방식의 개발 및 의미 있는 사법접근을 제공하는 모범사례를 추진하고 원탁회의 회원 기관들과 협력하여 일할 것입니다.
2021년에 갈랜드 법무장관은 법무부 내에 연방 정부에 대한 이해를 개선하고 미국 전역의 지역 사회에 가장 시급한 법적 필요성을 다루는 능력에 전념하는 독립된 사법접근실의 부활을 발표했습니다. 추가로 갈랜드 법무장관은 법률 구조 부처간 원탁회의의 공동의장 자격으로 백악관 고문 데이나 레무스와 함께 원탁회의의 2021년도 보고서 코로나 시대의 사법 접근 (Access to Justice in the Age of COVID-19)도 발표했습니다. 2021년도 원탁회의는 코로나 팬데믹 기간에 드러나고 악화된 사법 접근에 대한 장벽에 초점을 맞추고 원탁회의 회원들이 이에 응하여 채택한 혁신적인 전략을 확인했습니다.
白宮法律援助機構間圓桌會議向總統發布報告Read the Press Release
今天，司法部長梅裏克·加蘭德 （Merrick B. Garland） 與白宮法律顧問斯圖爾特·德勒裏 （Stuart Delery）聯合發布了 2022 年白宮法律援助機構間圓桌會議（圓桌會議）報告。該報告題為 《通過簡化程序獲得司法公正：以人為本簡化聯邦政府表格、程序和語言的路線圖》 (「Access to Justice through Simplification, A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language」) 強調了各機構在促進圓桌會議使命方面的成就和承諾，即 「為個人和家庭提供更多有意義的訴諸司法的機會，無論其財富或地位如何。」
司法部長加蘭德說：「政府表格和程序必須可供所有人獲得及使用——而不僅僅是律師或那些負擔得起的人。圓桌會議 2022 年報告提供了一份路線圖，幫助各機構減少障礙，擴大對聯邦政府項目和服務的使用。」
該報告的重點是聯邦政府如何簡化其表格和程序，以減少個人尋求法律援助的需求。 2022 年，圓桌會議的重點是通過製定簡化路線圖和強調成員機構的最佳實踐，來擴大對項目、服務和福利的使用。圓桌會議的 2022 年報告確定了一條三步走的路徑：(1) 通過與政府項目所服務和影響的社區進行有意義的接觸，了解獲取服務的障礙，(2) 通過整合接觸中的反饋實施戰略， (3) 評估簡化工作的影響，確定其是否有意義地擴大了獲得服務的機會，或者是否有可能進一步改進。該報告還介紹了成員機構在簡化表格和程序方面的成功努力，並通過以人為本的設計和社區參與，促進了改善政府整體的使用情況的承諾。
司法公正辦公室主任雷切爾·羅西（Rachel Rossi）說：「通過這項工作，我們正在優先考慮以人為本的方法來簡化表格、程序和語言，將我們所服務的社區置於我們努力為所有人尋求司法公正的中心，這一點至關重要。」
2022 年 12 月，司法部長加蘭德和白宮法律顧問辦公室共同主持了圓桌會議的召開，美國第二先生道格拉斯·埃姆霍夫（Douglas Emhoff）和副司法部長瓦尼塔·古普塔（Vanita Gupta）發表了講話並參加了會議，司法公正辦公室主任雷切爾·羅西主持了會議。出席圓桌會議的機構負責人和高級官員包括退伍軍人事務部部長丹尼斯·理查德·麥克多諾（Denis Richard McDonough）、國土安全部副部長約翰·田（John Tien）、社會保障部代理專員基羅羅·基賈卡茲（Kilolo Kijakazi） 博士、美國行政會議主席 Andrew Fois，消費者金融保護局局長 Rohit Chopra、教育部副部長 James Kvaal、平等就業機會委員會主席 Charlotte Burrows、聯邦通信委員會主席 Jessica Rosenworcel、總統副助理 Chiraag Bains、國防部總法律顧問 Caroline Krass，勞工部法律顧問Seema Nanda、法律服務公司總裁 Ronald Flagg、數字服務管理員 Mina Hsiang、副總統辦公室副法律顧問 Nasrina Bargzie、環境保護署總法律顧問 Jeffrey Prieto、內政部首席副法律顧問Ann Marie Bledsoe Downes、信息和監管事務辦公室副行政官Sabeel Rahman、農業部首席客戶體驗官 Simchah Suveyke Bogin、國際開發署高級副助理行政官 Karl Fickenscher ，以及美國國家科學基金會副處長 Alan Tomkins。來自國務院、財政部、衛生與公眾服務部和交通部的其他官員也出席了會議。
圓桌會議討論了與社區接觸的重要性，包括法律服務提供者和歷史上服務不足和邊緣化的社區，以了解在獲取政府資源方面面臨的障礙。圓桌會議強調了整合從接觸中了解到的信息，以采用有效策略來簡化聯邦政府表格、流程和語言的重要性。圓桌會議還反思了法律服務提供商為幫助公眾獲得聯邦政府福利和項目所做的工作，以及簡化表格和流程如何能夠減輕法律服務組織的負擔。
會議期間，司法部長加蘭德還任命艾莉·楊·格林 （Allie Yang-Green） 為圓桌會議的執行主任，該職位屬於司法公正辦公室。楊·格林女士在致力於司法公正方面有著傑出的職業生涯，她此前是司法部司法公正辦公室的一名律師。楊·格林女士將根據聯合主席的指示，定期召集圓桌會議並監督其工作。司法部司法公正辦公室將繼續為圓桌會議配備人員，並與圓桌會議成員機構合作，推動開發新方法和最佳實踐，提供有意義的司法援助。
2021 年，司法部長加蘭德宣布在司法部內恢復設立獨立的司法公正辦公室，致力於提高聯邦政府對解決全美社區最緊迫法律需求的理解和能力。此外，作為法律援助機構間圓桌會議的聯合主席，司法部長加蘭德與白宮法律顧問達納·雷穆斯（Dana Remus）還發布了圓桌會議的 2021 年報告 《COVID-19 時代的司法公正》(「Access to Justice in the Age of COVID-19」) 。2021 年圓桌會議重點關註在 COVID-19 大流行期間暴露和加劇的獲得司法公正的障礙，並確定了圓桌會議成員采取的應對創新戰略。
白宫法律援助机构间圆桌会议向总统发布报告Read the Press Release
今天，司法部长梅里克·加兰德 （Merrick B. Garland） 与白宫法律顾问斯图尔特·德勒里 （Stuart Delery）联合发布了 2022 年白宫法律援助机构间圆桌会议（圆桌会议）报告。该报告题为 《通过简化程序获得司法公正：以人为本简化联邦政府表格、程序和语言的路线图》 (“Access to Justice through Simplification, A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language”) 强调了各机构在促进圆桌会议使命方面的成就和承诺，即 “为个人和家庭提供更多有意义的诉诸司法的机会，无论其财富或地位如何。”
司法部长加兰德说：“政府表格和程序必须可供所有人获得及使用——而不仅仅是律师或那些负担得起的人。圆桌会议 2022 年报告提供了一份路线图，帮助各机构减少障碍，扩大对联邦政府项目和服务的使用。”
该报告的重点是联邦政府如何简化其表格和程序，以减少个人寻求法律援助的需求。 2022 年，圆桌会议的重点是通过制定简化路线图和强调成员机构的最佳实践，来扩大对项目、服务和福利的使用。圆桌会议的 2022 年报告确定了一条三步走的路径：(1) 通过与政府项目所服务和影响的社区进行有意义的接触，了解获取服务的障碍，(2) 通过整合接触中的反馈实施战略， (3) 评估简化工作的影响，确定其是否有意义地扩大了获得服务的机会，或者是否有可能进一步改进。该报告还介绍了成员机构在简化表格和程序方面的成功努力，并通过以人为本的设计和社区参与，促进了改善政府整体的使用情况的承诺。
司法公正办公室主任雷切尔·罗西（Rachel Rossi）说：“通过这项工作，我们正在优先考虑以人为本的方法来简化表格、程序和语言，将我们所服务的社区置于我们努力为所有人寻求司法公正的中心，这一点至关重要。”
2022 年 12 月，司法部长加兰德和白宫法律顾问办公室共同主持了圆桌会议的召开，美国第二先生道格拉斯·埃姆霍夫（Douglas Emhoff）和副司法部长瓦尼塔·古普塔（Vanita Gupta）发表了讲话并参加了会议，司法公正办公室主任雷切尔·罗西主持了会议。出席圆桌会议的机构负责人和高级官员包括退伍军人事务部部长丹尼斯·理查德·麦克多诺（Denis Richard McDonough）、国土安全部副部长约翰·田（John Tien）、社会保障部代理专员基罗罗·基贾卡兹（Kilolo Kijakazi） 博士、美国行政会议主席 Andrew Fois，消费者金融保护局局长 Rohit Chopra、教育部副部长 James Kvaal、平等就业机会委员会主席 Charlotte Burrows、联邦通信委员会主席 Jessica Rosenworcel、总统副助理 Chiraag Bains、国防部总法律顾问 Caroline Krass，劳工部法律顾问Seema Nanda、法律服务公司总裁 Ronald Flagg、数字服务管理员 Mina Hsiang、副总统办公室副法律顾问 Nasrina Bargzie、环境保护署总法律顾问 Jeffrey Prieto、内政部首席副法律顾问Ann Marie Bledsoe Downes、信息和监管事务办公室副行政官Sabeel Rahman、农业部首席客户体验官 Simchah Suveyke Bogin、国际开发署高级副助理行政官 Karl Fickenscher ，以及美国国家科学基金会副处长 Alan Tomkins。来自国务院、财政部、卫生与公众服务部和交通部的其他官员也出席了会议。
圆桌会议讨论了与社区接触的重要性，包括法律服务提供者和历史上服务不足和边缘化的社区，以了解在获取政府资源方面面临的障碍。圆桌会议强调了整合从接触中了解到的信息，以采用有效策略来简化联邦政府表格、流程和语言的重要性。圆桌会议还反思了法律服务提供商为帮助公众获得联邦政府福利和项目所做的工作，以及简化表格和流程如何能够减轻法律服务组织的负担。
会议期间，司法部长加兰德还任命艾莉·杨·格林 （Allie Yang-Green） 为圆桌会议的执行主任，该职位属于司法公正办公室。杨·格林女士在致力于司法公正方面有着杰出的职业生涯，她此前是司法部司法公正办公室的一名律师。杨·格林女士将根据联合主席的指示，定期召集圆桌会议并监督其工作。司法部司法公正办公室将继续为圆桌会议配备人员，并与圆桌会议成员机构合作，推动开发新方法和最佳实践，提供有意义的司法援助。
2021 年，司法部长加兰德宣布在司法部内恢复设立独立的司法公正办公室，致力于提高联邦政府对解决全美社区最紧迫法律需求的理解和能力。此外，作为法律援助机构间圆桌会议的联合主席，司法部长加兰德与白宫法律顾问达纳·雷穆斯（Dana Remus）还发布了圆桌会议的 2021 年报告 《COVID-19 时代的司法公正》(“Access to Justice in the Age of COVID-19”) 。2021 年圆桌会议重点关注在 COVID-19 大流行期间暴露和加剧的获得司法公正的障碍，并确定了圆桌会议成员采取的应对创新战略。
تقرير إلى الرئيس عن قضايا المائدة المستديرة للمساعدة القانونية بين الوكالات التابعة للبيت الأبيضRead the Press Release
أصدر اليوم النائب العام ميريك ب. جارلاند، ومستشار البيت الأبيض ستيوارت ديليري، بشكل مشترك تقريرالمائدة المستديرة المشترك بين الوكالات للمساعدة القانونية للبيت الأبيض (المائدة المستديرة) لعام 2022. التقرير بعنوان "الوصول إلى العدالة من خلال التبسيط، خارطة طريق لتبسيط استمارات الحكومة الفيدرالية وإجراءاتها ولغتها المتمحورة حول الأشخاص" (Access to Justice through Simplification: A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language) يسلط الضوء على إنجازات الوكالة والتزاماتها في تعزيز مهمة المائدة المستديرة من أجل "زيادة إتاحة الوصول المُجدي إلى العدالة للأفراد والأسر، بغض النظر عن الثروة أو المكانة".
قال المدعي العام ميريك ب. جارلاند "يجب أن تكون استمارات الحكومة وإجراءاتها في متناول الجميع – ليس فقط المحامين أو هؤلاء الذين يستطيعون تحمّل نفقاتها". "يوفر تقريرالمائدة المستديرة 2022 خارطة طريق لمساعدة الوكالات على تقليل الحواجز وتوسيع الوصول إلى البرامج والخدمات الحكومية الفيدرالية".
يركز التقرير على الطرق التي يمكن للحكومة الفيدرالية من خلالها تبسيط استماراتها وإجراءاتها من أجل تقليل حاجة الأفراد لطلب المساعدة القانونية. في عام 2022، ركزت المائدة المستديرة على توسيع الوصول إلى البرامج والخدمات والفوائد من خلال تطوير خارطة طريق تبسيط وتسليط الضوء على أفضل ممارسات الوكالات الأعضاء. يحدِّد تقرير 2022 للمائدة المستديرة مسارًا من ثلاث خطوات إلى الأمام من أجل: (1) فهم العوائق التي تحول دون الوصول من خلال المشاركة الهادفة مع المجتمعات التي تخدمها وتتأثر بالبرامج الحكومية، (2) تنفيذ الاستراتيجيات من خلال دمج التعقيبات الواردة من المشاركة، و (3) تقييم تأثير الجهود المبذولة للتبسيط لتحديد ما إذا كانت قد وسعت الوصول بشكل هادف، أو إذا كانت هناك تحسينات أكثر ممكنة. كما يعرض التقرير أيضًا الجهود التي تبذلها الوكالات الأعضاء لتبسيط الاستمارات والإجراءات الناجحة وتعزز الالتزامات للوصول إلى تحسينات على مستوى الحكومة من خلال التصميم الذي يركز على الإنسان والمشاركة المجتمعية.
"من خلال هذا العمل، نعطي الأولوية للنُهج التي تركز على الناس لتبسيط النماذج والعمليات واللغة"، قالت مديرة مكتب الوصول إلى العدلة راشيل روسي. "من الأهمية وضع المجتمعات التي نخدمها في قلب جهودنا لمتابعة وصول الجميع إلى العدالة".
في ديسمبر/كانون الأول 2022، المدعي العام ميريك جارلاند ونائبة مستشار البيت الأبيض، ستايسي غريسبي، شاركا في رئاسة اجتماع المائدة المستديرة مع تقديم ملاحظات ومشاركة من قِبَل الرجل الثاني للولايات المتحدة دوغلاس إمهوف والمدعي العام المساعد فانيتا جوبتا، وأدارتها مديرة مكتب الوصول إلى العدالة، راشيل روسي. وشمل الحضور رؤساء وكالات المائدة المستديرة وكبار المسؤولين بمن فيهم سكرتير إدارة شؤون المحاربين القدامى دينيس ريتشارد ماكدونو،نائب وزير الأمن الداخلي جون تيان، المفوض بالإنابة عن قسم إدارة الضمان الاجتماعي الدكتور كيلولو كيجاكازي، رئيس المؤتمر الإداري للولايات المتحدة أندرو فوا، مدير مكتب الحماية المالية للمستهلك روهيت شوبرا، وكيل وزارة التربية والتعليم جيمس كفال، رئيسة لجنة تكافؤ فرص العمل شارلوت بوروز، ورئيسة لجنة الاتصالات الفيدرالية جيسيكا روزنوورسل، نائب مساعد الرئيس شيراغ باينز، المستشار العام لوزارة الدفاع كارولين كراس، المحامية بوزارة العمل سيما ناندا، رئيس مؤسسة الخدمات القانونية رونالد فلاج، مدير الخدمات الرقمية مينا هسيانغ، نائب مستشار مكتب نائب الرئيس نسرينا برجزي، المستشار العام لوكالة حماية البيئة جيفري برييتو، النائب الرئيسي لمحامي الداخلية آن ماري بليدسو داونس، المدير المساعد لمكتب الإعلام والشؤون التنظيمية سَبيل رحمن، المسؤول الرئيسي لتجربة العملاء بوزارة الزراعة سيمتشا سوفيك بوجن، نائب مساعد مدير أول وكالة التنمية الدولية كارل فيكنشر، ونائب مدير الشعبة بالمؤسسة الوطنية للعلوم ألان تومكينز. حضر مسؤولون إضافيون من وزارة الخارجية ووزارة الخزانة ووزارة الصحة والخدمات الإنسانية ووزارة النقل.
ناقشت المائدة المستديرة أهمية التعامل مع المجتمعات، بما في ذلك مقدمو الخدمة القانونية والمجتمعات المهمشة والمحرومة تاريخياً، لفهم الحواجزالتي تواجَه في الوصول إلى الموارد الحكومية. سلطت المائدة المستديرة الضوء على أهمية دمج المعلومات المستفادة من خلال تلك المشاركة لاعتماد استراتيجيات فعالة لتبسيط استمارات الحكومة الفيدرالية وإجراءاتها ولغتها. عكست المائدة المستديرة الضوء أيضًا على عمل مقدمي الخدمات القانونية لمساعدة الجمهور في الوصول إلى مزايا الحكومة الفيدرالية والبرامج، وكيف يمكن لتبسيط الاستمارات والإجراءات أن يخفف العبء عن منظمات الخدمات القانونية.
خلال الاجتماع، عيّن المدعي العام جارلاند أيضًا ألي يانغ جرين في منصب المدير التنفيذي للمائدة المستديرة، وهو منصب داخل مكتب الوصول إلى العدالة. تتمتع السيدة يانغ جرين بمهنة متميزة ملتزمة بالوصول إلى العدالة، وكانت محامية في السابق في مكتب إدارة الوصول إلى العدالة في الوزارة. سوف تقوم السيدة يانغ غرين، حسب توجيهات اللجنة بعقد اجتماعات منتظمة للمائدة المستديرة والإشراف على عملها. سيستمر قسم مكتب الوصول إلى العدالة في توفير الموظفين للمائدة المستديرة والعمل في شراكة مع الوكالات الأعضاء في المائدة المستديرة لدفع تطوير مناهج جديدة وأفضل الممارسات التي توفر وصولاً هادفًا إلى العدالة.
في عام 2021، أعلن المدعي العام جارلاند استئناف مكتب مستقل للوصول إلى العدالة داخل وزارة العدل مكرس لتحسين فهم الحكومة الفيدرالية للاحتياجات القانونية الأكثر إلحاحًا للمجتمعات المحلية والقدرة على معالجتها في أمريكا. بالإضافة إلى ذلك، نشر المدعي العام جارلاند بصفته الرئيس المشارك للمائدة المستديرة المشتركة بين الوكالات للمساعدة القانونية، بالاشتراك مع مستشارة البيت الأبيض دانا ريموس، تقرير المائدة المستديرة لعام 2021، "الوصول إلى العدالة في عصر
كوفيد-19" (Access to Justice in the Age of COVID-19). ركزت المائدة المستديرة على العوائق التي تحول دون الوصول إلى العدالة التي تم الكشف عنها وتفاقمت خلال جائحة كوفيد-19 وحددت الاستراتيجيات المبتكرة التي اعتمدها أعضاء المائدة المستديرة استجابةً لذلك.
White House Legal Aid Interagency Roundtable Issues Report to the PresidentRead the Press Release
Today, Attorney General Merrick B. Garland and White House Counsel Stuart Delery jointly issued the 2022 White House Legal Aid Interagency Roundtable (Roundtable) Report. The report, entitled “Access to Justice through Simplification: A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language,” highlights agency accomplishments and commitments in furtherance of the Roundtable’s mission to “increase the availability of meaningful access to justice for individuals and families, regardless of wealth or status.”
“Government forms and processes must be accessible to everyone — not just lawyers or those who can afford them,” said Attorney General Merrick B. Garland. “The Roundtable’s 2022 Report provides a roadmap to help agencies reduce barriers and expand access to federal government programs and services.”
The report focuses on ways the federal government can simplify its forms and processes to reduce the need for individuals to seek legal assistance. In 2022, the Roundtable focused on expanding access to programs, services, and benefits by developing a simplification roadmap and highlighting member agencies’ best practices. The Roundtable’s 2022 report identifies a three-step path forward to: (1) understand the barriers to access through meaningful engagement with communities served and impacted by government programs, (2) implement strategies through incorporating feedback from engagement, and (3) evaluate the impact of the simplification efforts to determine whether they have meaningfully expanded access, or if further improvements are possible. The report also features successful form and process simplification efforts by member agencies and promotes commitments for government-wide access improvements through human-centered design and community engagement.
“Through this work, we are prioritizing people-centered approaches to simplify forms, processes and language,” said Director Rachel Rossi of the Office for Access to Justice. “It is critical to place the communities we serve at the center of our efforts to pursue access to justice for all.”
In December 2022, Attorney General Merrick Garland and Deputy White House Counsel Stacey Grigsby co-chaired a convening of the Roundtable with remarks and participation by Second Gentleman of the United States Douglas Emhoff and Associate Attorney General Vanita Gupta, and moderated by Director of the Office for Access to Justice, Rachel Rossi. The Roundtable agency principals and high-level officials in attendance included Department of Veterans Affairs Secretary Denis Richard McDonough, Department of Homeland Security Deputy Secretary John Tien, Social Security Administration Acting Commissioner Dr. Kilolo Kijakazi, Administrative Conference of the United States Chair Andrew Fois, Consumer Financial Protection Bureau Director Rohit Chopra, Department of Education Under Secretary James Kvaal, Equal Employment Opportunity Commission Chair Charlotte Burrows, Federal Communications Commission Chairwoman Jessica Rosenworcel, Deputy Assistant to the President Chiraag Bains, Department of Defense General Counsel Caroline Krass, Department of Labor Solicitor Seema Nanda, Legal Services Corporation President Ronald Flagg, Digital Service Administrator Mina Hsiang, Office of the Vice President Deputy Counsel Nasrina Bargzie, Environmental Protection Agency General Counsel Jeffrey Prieto, Department of Interior Principal Deputy Solicitor Ann Marie Bledsoe Downes, Office of Information and Regulatory Affairs Associate Administrator Sabeel Rahman, Department of Agriculture Chief Customer Experience Officer Simchah Suveyke Bogin, Agency for International Development Senior Deputy Assistant Administrator Karl Fickenscher, and National Science Foundation Deputy Division Director Alan Tomkins. Additional officials attended from the Department of State, the Department of Treasury, the Department of Health and Human Services, and the Department of Transportation.
The Roundtable discussed the importance of engaging with communities, including legal service providers and historically underserved and marginalized communities, to understand barriers faced in accessing government resources. The Roundtable highlighted the importance of incorporating information learned through that engagement to adopt effective strategies to simplify federal government forms, processes and language. The Roundtable also reflected on the work of legal service providers to assist the public with access to federal government benefits and programs, and how simplification of forms and process can alleviate the burden on legal services organizations.
During the meeting, Attorney General Garland also named Allie Yang-Green as the Executive Director of the Roundtable, a position within the Office for Access to Justice. Ms. Yang-Green has had a distinguished career committed to access to justice, and she was previously an attorney with the Department’s Office for Access to Justice. Ms. Yang-Green will, as directed by the Co-Chairs, convene regular meetings of the Roundtable and supervise its work. The Department’s Office for Access to Justice will continue to staff the Roundtable, and to work in partnership with Roundtable member agencies to drive development of new approaches and best practices that provide meaningful access to justice.
In 2021, Attorney General Garland announced the restoration of a standalone Office for Access to Justice within the Justice Department dedicated to improving the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America. In addition, in his capacity as co-chair of the Legal Aid Interagency Roundtable, Attorney General Garland, together with White House Counsel Dana Remus, also released the Roundtable’s 2021 report, “Access to Justice in the Age of COVID-19.” The 2021 Roundtable focused on barriers to access to justice that were exposed and exacerbated during the COVID-19 pandemic and identified the innovative strategies adopted by Roundtable members in response.
Nhóm Trợ Lý Pháp Luật Liên Ngành Bàn Tròn Nhà Trắng Phát Hành Báo Cáo Tới Tông ThốngRead the Press Release
Hôm nay, Bộ trưởng Tư pháp Merrick B. Garland và Cố vấn Nhà trắng Stuart Delery, cùng nhau phát hành Bản Báo cáo Trợ lý Pháp luật Liên ngành Bàn tròn (Bàn tròn). Bản báo cáo, mang tựa đề “Truy cập Công lý qua sự Đơn giản hoá: Một Lộ trình Tâm điểm là-Con người để Đơn giản hoá các Biểu mẫu, Thủ tục và Ngôn ngữ của Chính quyền Liên bang,” (“Access to Justice through Simplification: A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language”) nêu bật các thành quả và cam kết trong việc tiến hành nhiệm vụ của nhóm Bàn tròn để “gia tăng khả năng sẵn sàng các truy cập vào công lý có ý nghĩa cho các gia đình và cá nhân, bất kể giàu nghèo hay tình trạng.”
“Các biểu mẫu và thủ tục của chính quyền phải có thể truy cập được bởi mọi người—không chỉ bởi luật sư hay những người chi trả nổi,” Bộ trưởng Tư pháp Merrick B. Garland đã nói. “Báo cáo của Bàn tròn 2022 cung cấp một lộ trình để giúp các cơ quan giảm thiểu các trở ngại và khuyếch trương truy cập đến những chương trình và dịch vụ của chính quyền liên bang.”
Bản báo cáo tập trung vào những phương thức chính quyền liên bang có thể đơn giản hoá những biểu mẫu và trình tự của họ để giảm thiểu nhu cầu của cá nhân tìm kiếm trợ giúp pháp lý. Trong năm 2022, nhóm Bàn tròn đã tập trung vào việc khuyếch trương truy cập tới các chương trình, dịch vụ, và quyền lợi bằng cách phát triển một lộ trình đơn giản hoá và nêu bật những thực hiện tốt nhất của các cơ quan thành viên. Bàn báo cáo của Bàn tròn 2022 xác định một tiến trình ba-bước tiến đến để (1) tìm hiểu về những trở ngại truy cập qua sự hợp tác có ý nghĩa với những cộng đồng được phục vụ và bị ảnh hưởng bởi các chương trình của chính phủ liên bang, (2) áp dụng những chiến lược bằng cách áp dụng những phản hồi từ sự hợp tác, và (3) thẩm định những ảnh hưởng của nỗ lực đơn giản hoá để xác định xem chúng đã khuyếch trương truy cập có ý nghĩa, hay nếu có thể được cải tiến thêm. Bản báo cáo đổng thời nêu ra những nỗ lực đơn giản hoá biểu mẫu và thủ tục thành công bởi các cơ quan thành viên và cổ vũ những cam kết cải tiến truy cập khắp-chính quyền thông qua thiết kế tâm điểm-là con người và kết hợp cộng đồng.
“Thông qua công việc này, chúng tôi đang ưu tiên các phương pháp lấy con người làm trung tâm để đơn giản hóa các biểu mẫu, quy trình và ngôn ngữ,” Giám đốc Văn phòng Tiếp cận Tư pháp Rachel Rossi cho biết. “Điều quan trọng là phải đặt các cộng đồng mà chúng tôi phục vụ làm trung tâm trong các nỗ lực của chúng tôi nhằm theo đuổi quyền tiếp cận công lý cho tất cả mọi người.”
Trong tháng Mười hai 2022, Bộ trưởng Tư pháp Merrick Garland và Phó cố vấn Nhà trắng Stacey Grigsby đã đồng chủ toạ một cuộc triệu tập nhóm Bàn tròn với tham dự và phát biểu của Phu quân Phó Tổng thống Hoa kỳ Douglas Emhoff và Phụ tá Tổng trưởng Tư pháp Vanita Gupta, và điều hành bởi Giám đốc Văn phòng yểm trợ Truy cập Công lý, Rachel Rossi. Giám đốc các cơ quan Bàn tròn và các quan chức cao-cấp tham dự bao gồm Bộ trưởng bộ Cựu chiến binh Denis Richard McDonough, Phụ tá Bộ trưởng bộ An ninh Nội chính John Tien, Quyền Cao ủy sở An sinh Xã hội Tiến sĩ Kilolo Kijakazi, Chủ tịch Hội nghị Hành chánh Hoa kỳ Andrew Fois, Giám đốc Cơ quan Bảo vệ Tài chánh người Tiêu dùng Rohit Chopra, Phụ tá Bộ trưởng bộ Giáo dục James Kvaal, Ủy viên Chủ tịch cơ quan Bình đẳng Cơ hội Charlotte Burrows, Chủ tịch Cơ quan Quản lý Truyền thông Liên bang Jessica Rosenworcel, Phó trợ lý Văn phòng Tổng thống Chiraag Bains, Cố vấn Quốc phòng Caroline Krass, Chưởng lý Bộ lao động Seema Nanda, Chủ tịch Tập đoàn Dịch vụ Pháp lý Ronald Flagg, Giám đốc Dịch vụ Kỹ thuật số Mina Hsiang, Phụ tá Cố vấn Văn phòng Phó tổng thống Nasrina Bargzie, Cố vấn trưởng Cơ quan Bảo vệ Môi trường Jeffrey Prieto, Phó chưởng lý Tổng quát Bộ Nội vụ Ann Marie Bledsoe Downes, Phụ tá Hành chánh Văn phòng các Vấn đề Thông tin và Quy Ước Sabeel Rahman, Trưởng văn phòng Kinh nghiệm Người tiêu dùng Bộ Nông nghiệp Simchah Suveyke Bogin, Phụ tá Hành chánh Cao cấp Cơ quan Phát triển Quốc tế Karl Fickenscher, và Giám đốc Chi nhánh Cơ sở Khoa học Quốc gia Alan Tomkins. Các nhân viên phụ thuộc tham gia từ các bộ Ngoại giao, bộ Tài chánh, bộ Y tế và Dịch vụ Nhân sự, và bộ Giao thông Vận tải.
Nhóm Bàn tròn đã thảo luận sự quan trọng của việc hợp tác với các cộng đồng, bao gồm các nhà cung cấp dịch vụ pháp lý, và các cộng đồng có tiền sử bị thiệt thòi và thiếu phục vụ để hiểu rõ về những cản trở đối diện khi truy cập những tài nguyên của chính phủ. Nhóm Bàn tròn đã nêu bật sự quan trọng của việc kết hợp các thông tin thu được qua những hợp tác để áp dụng những chiến lược có hiệu quả để đơn giản hoá các biểu mẫu, thủ tục, và ngôn ngữ của chính quyền liên bang. Nhóm Bàn tròn cùng đồng thời phản ánh công việc của những nhà cung cấp dịch vụ pháp lý để yểm trợ công chúng trong truy cập những chương trình và quyền lợi của chính quyền liên bang, và sự đơn giản hoá các biểu mẫu và thủ tục cách nào để có thể giảm nhẹ gánh nặng của các tổ chức dịch vụ pháp lý.
Trong buổi họp, Bộ trưởng Tư pháp Garland đồng thời đã chỉ định Allie Yang-Green là Giám đốc Điều hành của nhóm Bàn tròn, môt vị trí trong Văn phòng Truy cập Công lý. Cô Yang-Green đã có sự nghiệp cống hiến đặc biệt liên quan trong truy cập công lý. Cô Yang-Green sẽ, như hướng dẫn bởi Đồng-Chủ tịch, tổ chức các cuộc họp thường xuyên của nhóm Bàn tròn và giám sát công việc của nó. Văn phòng Truy cập Công lý của Bộ sẽ tiếp tục điều phối nhân viên của Bàn tròn, và làm việc cộng tác với các cơ quan thành viên Bàn tròn để lèo lái phát triển những phương thức mới và các thực hành tốt nhất để cung cấp truy cập có ý nghĩa tới công lý.
Trong năm 2021, Bộ trưởng Tư pháp Garland đã tuyên bố sự phục hồi Văn phòng độc lập Truy cập Công lý thuộc bộ Tư pháp để cống hiến cho sự phát triển hiểu biết về và khả năng giải quyết những nhu cầu pháp lý cấp bách nhất của cộng đồng trên toàn nước Mỹ. Thêm vào đó, trong khả năng của ông ta là đồng-chủ tịch của nhóm Trợ lý Pháp luật Bàn tròn Liên ngành, Bộ trưởng Tư pháp Garland, cùng với Cố vấn Nhà trắng Dana Remus, đồng thời cũng công bố bản báo cáo Bàn tròn 2021, “Truy cập Công lý trong Thời kỳ COVID-19” (“Access to Justice in the Age of COVID-19”). Bàn tròn 2021 tập trung vào những cản trở truy cập công lý đã xảy ra và bị trầm trọng thêm trong đại dịch COVID-19 và xác định những chiến lược đổi mới áp dụng để giải quyết bởi thành viên Bàn tròn.
Mga Usapin Ng White House Roundtable [Talakayan] Ng Magkakasamang Ahensya Para Sa Tulong Panligal Ulat Sa PanguloRead the Press Release
Ngayong araw, magkasamang naglathala sina Attorney General Merrick B. Garland at White House Counsel Stuart Delery ng 2022 Ulat ng White House sa Roundtable ng Magkakasamang Ahensya Para sa Tulong Panligal. Ang ulat na pinamagatang “Pag-aabot sa Katarungan sa Pamamagitan ng Simplikasyon, Isang Mapa para sa Simplikasyong Nakasentro sa mga Tao ng mga Porma, Proseso, at Wika ng Pamahalaang Pederal” (“Access to Justice through Simplification, A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language”) ay nagtatampok sa mga nagawa at pangako ng mga ahenysa sa pagsulong sa sadya ng Roundtable na “dagdagan ang pagkakaroon ng makahulugang pag-aabot sa katarungan para sa mga indibidwal at pamilya, anuman ang kayamanan o katayuan.”
“Dapat maaabot ng lahat ang mga porma at prosesong pang-gobyerno—hindi lamang mga abugado o yung may kayang makakabayad nito”, ani ni Attorney General Merrick B. Garland. “Nagkakaloob ang 2022 Ulat ng Roundtable ng roadmap upang tulungan ang mga ahensya na bawasan ang mga hadlang at palawakin ang pag-aabot sa mga programa at serbisyong pederal.”
Nakatuon ang ulat sa mga paraan kung paano mapasimple ng pamahalaang pederal ang kanilang mga porma at proseso upang bawasan ang pangangailangan ng mga tao na maghanap ng tulong panligal. Sa 2022, nakatuon ang Roundtable sa pagpalawak ng pag-aabot sa mga programa, serbisyo at pakinabang, sa pamamagitan ng pag-buo ng isang mapa para sa simplipikasyon at pagtatampok ng mga best practice [pinakamahusay na kagawian] ng mga kasaping ahensya. Kinilala ng 2022 ulat ng Roundtable ang tatlong-hakbang na landas pasulong upang (1) unawain ang mga hadlang sa pag-aabot sa pamamagitan ng makahulugang pakikipag-ugnayan sa mga pinaglilingkuran at naaapektohang komunidad ng mga programang pangpamahalaan, (2) tuparin ang mga estratehiya [balak na paraan] na pagsapi ng mga feedback [pagpuna] mula sa pakikipag-ugnayan, at (3) tasahin ang epekto ng mga pagsisikap sa simplipikasyon upang alamin kung napalawak nila nang makahulugan ang pag-aabot, o kung posible ang karagdagan pang pagpabuti nito. Tinatampok din ng ulat ang mga matagumpay na pagsisikap sa pagpa-simple ng mga porma at proseso ng mga kasaping ahensya, at tinataguyod nito ang mga pangako para sa mga pagpapabuti ng pag-aabot sa ibayo ng pamahalaan, sa pamamagitan ng disenyong nakasentro sa tao at pakikipag-ugnayan sa komunidad.
“Sa pamamagitan ng gawaing ito, inuuna natin ang mga pamamaraang nakasentro sa mga tao upang mapasimple ang mga porma, proseso, at wika,” ani ni Office for Access to Justice Director Rachel Rossi. “Mahalagang ilagay natin ang mga komunidad na ating pinaglilingkuran sa gitna ng ating mga pagsisikap na ituloy ang pag-aabot sa katarungan para sa lahat.”
Noong Disyembre 2022, magkasamang namuno sina Attorney General Merrick Garland at Deputy White House Counsel Stacy Grigsby ng isang pagpupulong ng Roundtable, na may pahayag at paglahok ng Second Gentleman of the United States Douglas Emhoff at Associate Attorney General Vanita Gupta, at pinamatnugotan ng Director of the Office for Access to Justice, Rachel Rossi. Kabilang sa mga dumalong puno ng ahensya at mga mataas na antas na opisyal ng Roundtable ay sina Department of Veterans Affairs Secretary Denis Richard McDonough, Department of Homeland Security Deputy Secretary John Tien, Department of Social Security Administration Acting Commissioner Dr. Kilolo Kijakazi, Administrative Conference of the United States Chair Andrew Fois, Consumer Financial Protection Bureau Director Rohit Chopra, Department of Education Under Secretary James Kvaal, Equal Employment Opportunity Commission Chair Charlotte Burrows, Federal Communications Commission Chairwoman Jessica Rosenworcel, Deputy Assistant to the President Chiraag Bains, Department of Defense General Counsel Caroline Krass, Department of Labor Solicitor of Labor Seema Nanda, Legal Services Corporation President Ronald Flagg, Digital Service Administrator Mina Hsiang, Office of the Vice President Deputy Counsel Nasrina Bargzie, Environmental Protection Agency General Counsel Jeffrey Prieto, Department of Interior Principal Deputy Solicitor Ann Marie Bledsoe Downes, Office of Information and Regulatory Affairs Associate Administrator Sabeel Rahman, Department of Agriculture Chief Customer Experience Officer Simchah Suveyke Bogin, Agency for International Development Senior Deputy Assistant Administrator Karl Fickenscher, at National Science Foundation Deputy Division Director Alan Tomkins. Dumalo ang mga karagdagang opisyal mula sa Department of State, Department of Treasury, Department of Health and Human Services, at Department of Transportation.
Pinag-usapan ng Roundtable ang kahalagahan ng pakikipag-ugnayan sa mga komunidad, kabilang ang mga tagapagbigay ng tulong panligal at mga komunidad na may-kasaysayang kinakapos sa panustos at napapabayaan, upang unawain ang mga hadlang na hinaharap sa pag-aabot sa gamit-yaman ng pamahalaan. Tinampok ng Roundtable ang kahalagahan ng pagsasama ng impormasyon na natutuhan sa pamamagitan ng pakikipag-ugnayan upang magpatibay ang mga estratehiyang may-bisa para mapasimple ang mga porma, proseso at salita ng pamahalaang pederal. Nagmuni-muni din ang Roundtable tungkol sa gawain ng mga tagapagbigay ng tulong panligal upang tulungan ang publiko sa pag-aabot sa mga pakinabang at programa ng pamahalaang pederal, at kung paano mapapagaan ng simplipikasyon ng mga porma at proseso ang pasanin ng mga samahan ng mga serbisyong ligal.
Sa miting, tinuring din ni Attorney General Garland si Allie Yang-Green bilang Executive Director ng Roundtable, isang tungkulin sa loob ng Office for Access to Justice. May marangal na kasaysayan si Ms. Yang-Green na nakatuon sa pag-aabot sa katarungan, at dati syang abugado sa Office for Access to Justice ng Departmento. Sa tagubilin ng mga Co-Chair, magtitipon si Ms. Yang-Green ng mga karaniwang pagpupulong ng Roundtable at pangangasiwaan niya ang pagsasagawa nito. Magpapatuloy ang Office for Access to Justice ng Departmento na tauhan ang Roundtable, at sa pakikipag-ugnayan sa mga ahensyang kasapi ng Roundtable na ipasulong ang pag-unlad ng mga bagong paraan at best practices na magkakaloob ng makahulugang pag-aabot sa katarungan.
Noong 2021, pinahayag ni Attorney General Garland ang muling pagpanumbalik ng nagsasariling Office for Access to Justice sa loob ng Justice Department, na nakatalaga sa pagpabuti ng pang-uunawa at kakayahan ng pamahalaang pederal na tugunan ang mga pinakakagyat na ligal na pangangailangan ng mga komunidad sa buong Amerika. Karagdagan sa kanyang tungkulin bilang co-chair ng Roundtable ng Magkakasamang Ahensya Para sa Tulong Panligal, pinalathala din ni Attorney General Garland, kasama ni White House Counsel Dana Remus, ang ulat ng Roundtable 2021, “Pag-aabot sa Katarungan sa Panahon ng COVID-19” (“Access to Justice in the Age of COVID-19”). Tinutukan ng 2021 Roundtable ang mga hadlang sa pag-aabot ng katarungan na nailantad at napalala noong pandemiya ng COVID-19, at kinilala nito ang mga makabagong estratehiya na pinagtibay ng mga kasapi sa Roundtable bilang pagtugon.
La Table Ronde Juridique Interagences De La Maison-Blanche Publie Son Rapport Au PrésidentRead the Press Release
Aujourd’hui, le Procureur général des États-Unis Merrick B. Garland et le Conseiller juridique de la Maison-Blanche, Stuart Delery, ont émis conjointement le Rapport de la table ronde (Table ronde) juridique interagences de la Maison-Blanche. Le Rapport, intitulé « Accès à la justice par la simplification : Feuille de route pour une simplification axée sur les personnes des formulaires, des processus et du langage du gouvernement fédéral » (« Access to Justice through Simplification, A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language”), souligne les succès de l’agence et les engagements conformes à la mission de la Table ronde d’ « accroître la disponibilité d’un véritable accès à la justice pour les particuliers et les familles, quelle que soit leur
situation économique ».« Les formulaires et les processus gouvernementaux doivent être accessibles à tous et non pas seulement aux avocats ou à ceux qui peuvent se le permettre », a déclaré le Procureur général des États-Unis Merrick B. Garland. « Le Rapport de la Table ronde de 2022 offre une feuille de route pour aider les organismes à réduire les obstacles et à élargir l’accès aux programmes et services du gouvernement fédéral ».
Le rapport est axé sur les moyens par lesquels le gouvernement fédéral peut simplifier ses formulaires et processus aux fins de réduire le besoin pour les particuliers d’obtenir une assistance juridique. En 2022, la Table ronde a porté sur l’élargissement de l’accès aux programmes, aux services et aux bénéfices en développant une feuille de route de simplification et en soulignant les meilleures pratiques des organismes membres. Le rapport de la Table ronde de 2022 identifie une voie à suivre en trois étapes pour : (1) comprendre les obstacles à l’accès moyennant un engagement sérieux avec les communautés desservies et touchées par les programmes gouvernementaux ; (2) mettre en œuvre des stratégies en intégrant les commentaires des engagements ; et (3) évaluer l’impact des efforts en faveur de la simplification aux fins de déterminer s’ils ont élargi l’accès de manière significative ou si des améliorations supplémentaires sont possibles. Le rapport témoigne aussi des efforts réussis de simplification des formulaires et des processus par les organismes membres et favorise les engagements en matière d’une amélioration de l’accès, à l’échelle du gouvernement, moyennant une conception centrée sur l’humain et la participation de la communauté.
« Grâce à ce travail, nous donnons la priorité aux approches centrées sur les personnes pour simplifier les formulaires, les processus et le langage », a déclaré Rachel Rossi, directrice du Office for Access to Justice. « Il est primordial de placer les communautés que nous servons au centre de nos efforts pour poursuivre l'accès à la justice pour tous. »
En décembre 2022, le Procureur général [des États-Unis] Merrick B. Garland et le Conseiller juridique adjoint de la Maison-Blanche Stacey Grigsby ont coprésidé une convocation de la Table ronde avec la participation et les contributions du deuxième gentilhomme des États-Unis Douglas Emhoff et de l’adjoint au Procureur général Vanita Gupta et sous la présidence de Rachel Rossi, directrice de l’Office for Access to Justice. La Table ronde a réuni les principaux responsables et hauts-fonctionnaires tels que : le secrétaire Denis Richard McDonough du département des Anciens combattants ; le secrétaire John Tien du département de la Sécurité intérieure ; le Dr. Kilolo Kijakazi, commissaire intérimaire de l’Administration de la sécurité sociale ; Andrew Fois, président de la Conférence administrative des États-Unis ; Rohit Chopra, directeur du Bureau de protection des consommateurs des produits financiers ; James Kvaal, sous-secrétaire au département de l’Éducation ; Charlotte Burrows, présidente de la Commission de l’égalité des chances en matière d’emploi ; Jessica Rosenworcel, présidente de la Commission fédérale des communications ; Chiraag Bains, adjoint suppléant au président ; Caroline Krass, conseillère juridique générale du département de la Défense ; Seema Nanda, avocate au travail du département du Travail ; Ronald Flagg, président de la Legal Services Corporation ; Mina Hsiang, administratrice des Services numériques ; Nasrina Bargzie, conseillère adjointe au bureau du vice-président ; Jeffrey Prieto, directeur juridique de l’agence de Protection de l’environnement ; Ann Marie Bledsoe Downes, principal solliciteur adjoint du département de l’Intérieur ; Sabeel Rahman, administrateur associé du Bureau des affaires de l’information et des réglementations ; Simchah Suveyke Bogin, directrice de l’expérience client du département de l’Agriculture ; Karl Fickenscher, administrateur assistant adjoint principal de l’Agency for International Development ; et Alan Tomkins, directeur adjoint de division de la National Science Foundation. D’autres fonctionnaires du département d’État, du département du Trésor, du département de la Santé et des services sociaux et du département de Transport ont
aussi participé.La Table ronde a discuté de l’importance du dialogue avec les communautés, notamment avec
les prestataires des services juridiques et avec les communautés historiquement les plus marginalisées et les moins bien desservies, afin de comprendre les obstacles à l’accès aux ressources gouvernementales. La Table ronde a relevé l’importance d’inclure l’information apprise par le biais de tel engagement en vue d’adopter des stratégies efficaces pour simplifier les formulaires, les processus et le langage du gouvernement fédéral. La Table ronde s’est aussi penchée sur le travail des prestataires des services juridiques en vue d’assister le public avec l’accès aux bénéfices et aux programmes du gouvernement fédéral, ainsi que sur comment la simplification des formulaires et processus peut alléger le fardeau des organisations
d’aide juridique.Pendant la réunion, le Procureur général [Merrick B.] Garland a aussi nommé Allie Yang-Green au poste de directrice exécutive de la Table ronde, un poste au sein de l’Office for Access to Justice. Mme Yang-Green a eu une brillante carrière consacrée à l’accès à la justice et elle a précédemment travaillé comme avocate auprès de l’Office for Access to Justice du département. Selon les instructions des co-présidents, Mme Yang-Green convoquera de régulières réunions de la Table ronde et surveillera ses travaux. L’Office for Access to Justice du département continuera à doter la Table ronde en personnel et de travailler en partenariat avec les agences membres de la Table ronde aux fins de pousser le développement de nouvelles approches et des meilleures pratiques permettant un véritable accès à la justice.
En 2021, le Procureur général [Merrick B.] Garland annonçait le rétablissement de l’Office for Access to Justice autonome au sein du département de la Justice destiné à améliorer la compréhension par le gouvernement fédéral et sa capacité à faire face aux besoins les plus urgents des communautés partout en Amérique. De plus, en tant que co-président de la Table ronde juridique interagences, le Procureur général [Merrick B.] Garland avec le concours de la Conseillère juridique de la Maison-Blanche Dana Remus, a aussi publié le rapport de la Table ronde de 2021 – « Accès à la justice à l’ère du COVID-19 » (« Access to Justice in the Age of COVID-19 »). La Table ronde de 2021 fut axée sur les obstacles à l’accès à la justice mis à jour et exacerbés durant la pandémie de COVID-19 et a identifié des stratégies novatrices adoptées en réponse par les membres de la Table ronde.
La Mesa Redonda Interinstitucional De Asistencia Legal De La Casa Blanca Emite Informe Al PresidenteRead the Press Release
Hoy, el Fiscal General Merrick B. Garland y el Asesor Legal de la Casa Blanca Stuart Delery, emitieron en conjunto el Informe de la Mesa Redonda Interinstitucional de Asistencia Legal de la Casa Blanca (Mesa Redonda) de 2022. El informe, titulado “Acceso a la justicia a través de la simplificación: una hoja de ruta para la simplificación de los formularios, procesos y lenguaje del gobierno federal con enfoque en las personas” (“Access to Justice through Simplification, A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language”), destaca los logros y compromisos de la agencia para promover la misión de la Mesa Redonda “aumentar la disponibilidad de un acceso significativo a la justicia para las personas y las familias, independientemente de la riqueza o el estatus”.
“Los formularios y procesos gubernamentales deben ser accesibles para todos, no solo para los abogados o aquellos que pueden pagar por ellos”, dijo el Fiscal General Merrick B. Garland. “El informe de La Mesa Redonda de 2022 proporciona una hoja de ruta para ayudar a las agencias a reducir las barreras y ampliar el acceso a los programas y servicios gubernamentales”.
El informe se centra en las formas en que el gobierno federal puede simplificar sus formularios y procesos para reducir la necesidad de que las personas busquen asistencia legal. En 2022, la Mesa Redonda se centró en ampliar el acceso a los programas, servicios y beneficios mediante el desarrollode una hoja de ruta de simplificación y destacando las mejores prácticas de las agencias miembros. El informe de la Mesa Redonda de 2022 identifica un camino de tres pasos hacia adelante para: (1) comprender las barreras de acceso a través de una interacción significativa con las comunidades atendidas y afectadas por los programas gubernamentales, (2) implementar estrategias mediante la incorporación de los comentarios recibidos de la interacción, y (3) evaluar el efecto de los esfuerzos de simplificación para determinar si tienen un acceso significativamente ampliado, o si son posibles mejoras adicionales. El informe también presenta esfuerzos exitosos de simplificación de formularios y procesos por parte de las agencias miembros y promueve compromisos para realizar mejoras de acceso en todo el gobierno a través de un diseño centrado en el ser humano y la participación de la comunidad.
“Por medio de este trabajo, priorizamos los métodos centrados en el ser humano para simplificar los formularios, procesos y lenguaje”, dijo la Directora de la Oficina de Acceso a la Justicia Rachel Rossi. “Es crítico poner a las comunidades a las que servimos en el centro de nuestros esfuerzos por procurar el acceso a la justicia para todos”.
En diciembre de 2022, el Fiscal General Merrick Garland y la Asesora Legal Auxiliar de la Casa Blanca Stacey Grigsby copresidieron una reunión de la Mesa Redonda con comentarios y participación del Segundo Caballero de los Estados Unidos Douglas Emhoff y la Fiscal General Asociada Vanita Gupta, y moderado por la Directora de la Oficina de Acceso a la Justicia Rachel Rossi. Los directores de agencias de la Mesa Redonda y los funcionarios de alto nivel que asistieron incluyeron al Secretario del Departamento de Asuntos de Veteranos Denis Richard McDonough, el Subsecretario del Departamento de Seguridad Nacional John Tien, el Comisionado Interino del Departamento de Administración del Seguro Social Dr. Kilolo Kijakazi, el Presidente de la Conferencia Administrativa de los Estados Unidos Andrew Fois, el Director de la Oficina de Protección Financiera del Consumidor Rohit Chopra, el Subsecretario del Departamento de Educación James Kvaal, la Presidenta de la Comisión de Igualdad de Oportunidades en el Empleo Charlotte Burrows, la Presidenta de la Comisión Federal de Comunicaciones Jessica Rosenworcel, el Asistente Adjunto del Presidente Chiraag Bains, la Asesora General del Departamento de Defensa Caroline Krass, la Abogada Laboral del Departamento de Trabajo Seema Nanda, el Presidente de la Corporación de Servicios Legales Ronald Flagg, la Administradora de Servicios Digitales Mina Hsiang, la Asesora Adjunta de la Oficina de la Vicepresidenta Nasrina Bargzie, el Asesor General de la Agencia de Protección Ambiental Jeffrey Prieto, la Abogada Adjunta Principal del Departamento del Interior Ann Marie Bledsoe Downes, el Administrador Asociado de la Oficina de Información y Asuntos Regulatorios Sabeel Rahman, la Directora de Experiencia del Cliente del Departamento de Agricultura Simchah Suveyke Bogin, el Subadministrador Adjunto Principal de la Agencia para el Desarrollo Internacional Karl Fickenscher, y el Director Adjunto de División de la Fundación Nacional de Ciencias Alan Tomkins. Asistieron funcionarios adicionales del Departamento de Estado, el Departamento del Tesoro, el Departamento de Salud y Servicios Humanos, y el Departamento de Transporte.
La Mesa Redonda planteó la importancia de interactuar con las comunidades, incluyendo los proveedores de servicios legales y las comunidades históricamente desatendidas y marginadas para comprender las barreras que enfrentan para acceder a los recursos gubernamentales. La Mesa Redonda destacó la importancia de incorporar la información aprendida a través de esa interacción para adoptar estrategias efectivas para simplificar los formularios, procesos y lenguaje del gobierno federal. La Mesa Redonda también reflexionó sobre el trabajo de los proveedores de servicios jurídicos para ayudar al público con el acceso a los beneficios y programas del gobierno federal, y cómo la simplificación de los formularios y el proceso puede aliviar la carga de las organizaciones de servicios legales.
Durante la reunión, el Fiscal General Garland también nombró a Allie Yang-Green como Directora Ejecutiva de la Mesa Redonda, un puesto dentro de la Oficina de Acceso a la Justicia. La Sra. Yang-Green ha tenido una distinguida carrera comprometida con el acceso a la justicia, y anteriormente fue abogada de la Oficina de Acceso a la Justicia del Departamento. La Sra. Yang-Green, siguiendo las instrucciones de los copresidentes, convocará reuniones periódicas de la Mesa Redonda y supervisará su labor. La Oficina de Acceso a la Justicia del Departamento continuará dotando de personal a la Mesa Redonda y trabajando en asociación con las agencias miembros de la Mesa Redonda para impulsar el desarrollo de nuevos enfoques y mejores prácticas que proporcionen un acceso significativo a la justicia.
En 2021, el Fiscal General Garland anunció la restauración de una Oficina de Acceso a la Justicia independiente dentro del Departamento de Justicia dedicada a mejorar la comprensión y la capacidad del gobierno federal para abordar las necesidades legales más urgentes de las comunidades en todo Estados Unidos. Además, en su calidad de copresidente de la Mesa Redonda Interinstitucional de Asistencia Legal, el Fiscal General Garland, junto con la Asesora Legal de la Casa Blanca Dana Remus, también publicaron el informe 2021 de la Mesa Redonda, “Acceso a la justicia en la era de COVID-19” (“Access to Justice in the Age of COVID-19”). La Mesa Redonda de 2021 se centró en las barreras al acceso a la justicia que fueron expuestas y exacerbadas durante la pandemia de COVID-19 e identificó las estrategias innovadoras adoptadas por los miembros de la Mesa Redonda en respuesta.
Florida Resorts Agree to Pay $325,000 to Settle False Claims Act Allegations Relating to False Certifications on a Paycheck Protection Program Loan Forgiveness ApplicationRead the Press Release
Florida companies Kingwood Orlando Reunion Resort LLC (Orlando Reunion) and Kingwood Crystal River Resort Corp. (Crystal River) have agreed to settle allegations that they violated the False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) by knowingly providing false information in support of a Paycheck Protection Program (PPP) loan forgiveness application submitted by Crystal River.
Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide emergency loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The CARES Act authorized these businesses to seek forgiveness of the loans if they spent the loan funds on eligible expenses, such as payroll. When applying for forgiveness of PPP loans, borrowers were required to certify the truthfulness and accuracy of all information provided in their applications. A PPP recipient seeking loan forgiveness based on the payment of wages was only entitled to forgiveness for the amount of wages actually paid to its employees during the designated period.
Here, Orlando Reunion and Crystal River, which are related but operate separate resorts, both received separate PPP loans. The United States alleged that Crystal River sought forgiveness of its PPP loan, in-part, by certifying that it used a portion of its PPP loan to pay wages of Crystal River employees, when in fact, some of the employees to whom it claimed to have paid wages were actually Orlando Reunion employees whom Crystal River did not employ or pay. As a part of the settlement announced today, Crystal River and Orlando Reunion agreed to pay $271,720 in damages and penalties under the FCA and $53,280 in civil penalties under FIRREA.
“PPP loans were intended to help small businesses retain employees and keep their doors open during the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable those who knowingly and improperly sought PPP loans or forgiveness of those loans.”
“A primary mission of the United States Attorney’s Office is protecting government programs from fraud,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We will continue to hold accountable those who abuse the CARES Act and PPP Program at the expense of the taxpayers.”
“This settlement demonstrates that attempts to wrongfully obtain loan forgiveness will not go unnoticed, and violators will be identified,” said Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration Office of the Inspector General (SBA OIG) Eastern Region. “I want to thank the Department of Justice and our law enforcement partners for their support and dedication to pursuing justice in this case.”
The settlement resolved a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit was filed by the former Director of Human Resources for Kingwood resorts and is captioned U.S. ex rel. Falzarano v. Kingwood International Resort, LLC, et al., Dkt. No. 6:20-cv-976-ORL-37EJK (M.D. Fla.). The whistleblower will receive a total of approximately $46,000 in connection with the settlement.
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 Middle District of Florida, with assistance from the SBA’s Office of General Counsel and the SBA OIG.
This matter was handled by Trial Attorney Jared S. Wiesner of the Civil Division and Assistant U.S. Attorney Jeremy R. Bloor for the Middle District of Florida.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Micronesian Couple Sentenced for Withholding Passports to Coerce Labor of Two Men in Meat Processing PlantRead the Press Release
U.S. District Chief Judge Stephanie M. Rose sentenced defendants Nesly Mwarecheong, 46, and Bertino Weires, 51, U.S. residents and Federated States of Micronesia citizens, to 48 months in prison followed by three years of supervised release and nearly $70,000 in restitution to the victims for withholding passports to coerce labor of two men in a meat processing plant.
The defendants previously pleaded guilty in October 2022 to two counts of unlawful conduct with respect to documents in furtherance of trafficking or forced labor for recruiting two young men from Micronesia to come to the United States for the purpose of coercing their labor in a meat processing plant for the defendants’ financial gain.
According to court documents, the defendants convinced the two victims to leave their homes in Micronesia in December 2019 and travel to the United States by promising them they could work in the United States and send money back to their families. Once in the United States, the defendants confiscated the victims’ passports and obtained jobs for them at a meat processing plant in Ottumwa, Iowa. Each week, the defendants took the victims to cash their paychecks before seizing almost the entire amount and leaving the victims with a nominal amount each week. The defendants used various means to compel the victims’ labor and services, including confiscating the victims’ passports and social security cards, imposing debts on them, limiting and monitoring their communication with family, physically and socially isolating them and creating a system of total financial dependence on the defendants. In so doing, the defendants created a situation where the victims either had to continue complying with the defendants’ demands or risk being homeless and without a means of supporting themselves in a foreign country where they did not speak the language and had no means of returning home.
“These defendants used the promise of well-paid jobs to lure the victims to come to the United States in search of a better future for themselves and their families,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These defendants then proceeded to callously exploit the victims, using their power over them to profit off their hard work. The Department of Justice remains committed to seeking justice for survivors of forced labor schemes, holding perpetrators accountable and stripping wrongdoers of their illegal profits.”
“Forced labor can happen anywhere in the United States, including Iowa. We will continue fighting for victims to ensure those who exploit the promise of working in the United States to coerce labor are held accountable,” said U.S. Attorney Richard D. Westphal for the Southern District of Iowa. “Thanks to the diligent work of law enforcement, these acts of coercion and compulsion were stopped.”
Investigator Jeremy Tosh of the Ottumwa Police Department investigated the case.
Assistant U.S. Attorneys Virginia Bruner and Ryan Leemkuil for the Southern District of Iowa and Trial Attorney Christina Randall-James of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
Ewa Beach Couple Pleads Guilty to Tax FraudRead the Press Release
A Hawaii couple has pleaded guilty to conspiring to defraud the United States by obtaining a fraudulent tax refund and then thwarting IRS efforts to recoup it.
According to court documents, Michael and Brigida Chock of Ewa Beach conspired with a third individual to prepare a false 2014 amended individual income tax return (Form 1040X) and a false miscellaneous income form (Form 1099-MISC) purportedly issued by a mortgage lender to Michael Chock. The tax return falsely reported an inflated tax withholding amount based on the fraudulent Form 1099-MISC, resulting in a refund of $225,327. The defendants knowingly filed these false forms with the IRS in March 2016.
The Chocks took several steps to obstruct IRS efforts to recover the fraudulently obtained refund, including depositing the refund check into a bank account in the name of a trust they created to conceal the refund and by paying the coconspirator $73,500 for assistance in obtaining and concealing the refund. They also falsely claimed to the IRS that they had prepared the false tax return themselves.
Each faces a maximum penalty of five years in prison, a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Clare E. Connors for the District of Hawaii made the announcement.
IRS-Criminal Investigation, the Treasury Inspector General for Tax Administration (TIGTA), and the FBI are investigating the case.
Trial Attorneys Sarah Kiewlicz and Meredith Havekost of the Justice Department’s Tax Division and Assistant U.S. Attorney Gregg Paris Yates of the District of Hawaii are prosecuting the case.
Superseding Indictment Charges Wisconsin Man with Sex and Labor Trafficking, Production of Child Pornography and Money LaunderingRead the Press Release
A federal grand jury in the Western District of Wisconsin returned a superseding indictment charging a Wisconsin man with labor and sex trafficking, production of child pornography and money laundering.
The superseding nine-count indictment charges Austin Koeckeritz, 29, with forced labor, sex trafficking by force, sex trafficking of a minor, interstate travel with the intent to engage in a sexual act with a minor, transporting a minor with the intent to engage in criminal sexual activity, producing child pornography and three counts of money laundering.
The indictment alleges that between August 2020 and August 2022, Koeckeritz used force to cause an adult to engage in forced labor and to engage in commercial sex acts. The indictment further alleges that he recruited, enticed, transported, and maintained a minor, knowing she would be caused to engage in commercial sex acts; that he traveled in interstate commerce to engage in illicit sexual conduct with the minor; and that he transported the minor from Minnesota to Wisconsin with the intent that the minor engage in sexual activity which constituted second degree sexual assault of a child under Wisconsin law. The indictment also alleges that Koeckeritz used the minor to produce child pornography. The offenses involving the minor are alleged to have occurred between October 2021 to January 2022. Finally, the indictment charges Koeckeritz with three counts of laundering the proceeds of the alleged forced labor and sex trafficking.
Koeckeritz was previously charged with one count of forced labor in an indictment returned by the grand jury on Jan. 12. He is being held in federal custody pending trial, which is scheduled for May 8 before U.S. District Judge James D. Peterson.
The forced labor charge carries a maximum penalty of 20 years, and the sex trafficking by force charge and the production of child pornography charges carry a mandatory minimum penalty of 15 years and a maximum of life. The charge of interstate travel with the intent to engage in a sexual act with a minor carries a maximum penalty of 30 years, and the sex trafficking of a minor and transporting a minor across state lines with intent to engage in criminal sexual activity carry a mandatory minimum penalty of 10 years and a maximum of life. The maximum penalty for each money laundering charge is 20 years.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin and Special Agent in Charge Michael E. Hensle of the FBI Milwaukee Field Office made the announcement.
The FBI Milwaukee Field Office and the River Falls Police Department investigated the case. The Pierce County District Attorney’s Office provided assistance.
Assistant U.S. Attorney Taylor Kraus for the Western District of Wisconsin and Trial Attorneys Slava Kuperstein and Julie Pfluger of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting the case.
The FBI is asking anyone with information about Austin Koeckeritz to contact the FBI Milwaukee Field Office at (414) 276-4684. If you or someone you know is a victim of human trafficking, please call the National Human Trafficking Hotline at 1-888-373-7888.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
New Jersey Man Pleads Guilty in Mass-Mailing Elder Fraud SchemeRead the Press Release
A New Jersey man pleaded guilty yesterday in the U.S. District Court for the Eastern District of New York to conspiracy to commit mail fraud, for operating a mass-mailing scheme that victimized older Americans.
According to court documents, Ryan Young, 40, of Upper Saddle River, New Jersey, operated a mail fraud scheme in which he mailed out letters falsely notifying recipients that they were entitled to receive unclaimed funds worth millions of dollars, a portion of a multi-million-dollar legal settlement, or a prize, in exchange for payment of a small fee of $30 to $40. The solicitation letters stated that they were sent by an organization tasked with providing notice and facilitating delivery of the funds or prize. Young did not deliver funds to any of the victims who sent payments in response to these letters. Instead, Young sent a booklet providing publicly available information regarding government Unclaimed Property Divisions in various states; a booklet providing publicly available information regarding a few class action settlements; or a flyer regarding online restaurant coupons. According to court documents, Young fraudulently obtained more than $1.6 million from victims of the scheme between March 2019 and May 2022.
The court documents further allege that Young operated this scheme while he was on pretrial release awaiting sentencing in a separate criminal case, in which he was charged with operating a similar fraud scheme. On Feb. 13, 2018, Young pleaded guilty to one count of conspiracy to commit mail fraud, for his role in a large-scale international mail fraud scheme that took $50 million from victims between 2011 and 2016. As part of that scheme, Young sent fraudulent prize notification letters to victims in the United States and numerous other countries. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. Victims were instructed to send small processing fees – typically $20 or $25 – to claim the prizes. Many victims received nothing; others received only a cheap piece of jewelry or a report listing unrelated sweepstakes.
“The defendant in this case operated multiple fraud schemes, collectively depriving vulnerable Americans out of more than $50 million,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department and its federal law enforcement partners are committed to investigating and prosecuting those who target vulnerable American consumers for financial gain.”
“Mass marketing scams frequently target elderly or vulnerable citizens. Fraudsters may think they can anonymously siphon money from their victims but today’s guilty plea tells a different story,” said Inspector in Charge Chris Nielsen of United States Postal Inspection Service (USPIS)’s Philadelphia Division. “Through the efforts of Postal Inspectors in Newark, New Jersey, and Washington, D.C.; DOJ prosecutors; and the Fort Lee, New Jersey Police Department, we have successfully unraveled a complex mail fraud operation.”
Young will be sentenced on July 19 before U.S. District Judge Joan M. Azrack in Central Islip, New York. He faces a maximum sentence of 20 years’ imprisonment.
The USPIS investigated the case. Senior Trial Attorney Ann Entwistle and Assistant Director John W. Burke of the Consumer Protection Branch are prosecuting the case and Assistant U.S. Attorney Tanisha Payne for the Eastern District of New York is handling asset forfeiture.
Additional information about the Consumer Protection Branch and its fraud enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
Justice Department and Federal Trade Commission to Hold Annual Spring Enforcers SummitRead the Press Release
The Justice Department’s Antitrust Division and the Federal Trade Commission (FTC) will cohost the second Spring Enforcers Summit on Monday, March 27. Assistant Attorney General Jonathan Kanter of the Justice Department's Antitrust Division and Chair Lina M. Khan of the FTC, as well as senior staff from both agencies, will gather with international enforcers and state attorneys general to discuss enforcement priorities and strategies for effective coordination. The summit will be held in a hybrid format, with international enforcers and state attorneys general participating in-person, and a livestream option for virtual participation in the day’s plenary interviews and panel discussions.
“The global nature of our economy necessitates a vibrant and substantive exchange of ideas among antitrust and competition law enforcement authorities,” said Assistant Attorney General Kanter. “We look forward to sharing our priorities with fellow enforcement officials and the public directly.”
“At the second annual Enforcers Summit, we’ll identify top enforcement priorities and share progress on our agenda,” said FTC Chair Khan. “As we sharpen our tools to tackle today’s challenges, deepening cooperation with state and international enforcement partners is critical.”
The Enforcers Summit, which will take place in person at the RFK Main Justice Building of the Department of Justice, will include interviews of high-ranking officials; publicly streamed plenary sessions discussing merger review and monopolization cases; and closed-door, in-person discussions to facilitate the sharing of feedback and ideas. The event will highlight global, federal, and state perspectives on merger review and monopolization, including remedies, rollup strategies, and other pre-commercial activities; procurement collusion; and unfair methods of competition. The Enforcers Summit agenda is currently available at https://www.justice.gov/atr/spring-2023-enforcers-summit, and instructions for livestreaming the program will be made available on our web page shortly before the event.
Justice Department Commemorates the 60th Anniversary of Gideon v. WainwrightRead the Press Release
The Justice Department today commemorates the 60th anniversary of Gideon v. Wainwright, the landmark Supreme Court decision which held that the assistance of counsel is a fundamental right essential to a fair trial, and that the Sixth and Fourteenth Amendments require states to appoint attorneys for defendants who cannot afford to retain counsel on their own. The Office for Access to Justice (ATJ) is leading this effort by elevating the right to counsel and the importance of public defenders throughout the month of March.
“With its decision in Gideon, the Supreme Court transformed the American legal system by renewing the foundational promise of equal justice under law,” said Attorney General Merrick B. Garland. “There is still so much more work to be done to make the promise of Gideon real. The Justice Department recognizes the urgency and seriousness of these challenges. And we are committed to doing all we can to support our colleagues who have devoted their careers to public defense.”
“Twenty-five years ago today, former Attorney General Janet Reno, for whom I had the privilege of working, recognized that rigorous application of the Gideon decision secures the ‘fundamental fairness and accuracy of every criminal proceeding,’” said Deputy Attorney General Lisa Monaco. “Those words ring equally true today, as we strive to enhance access to counsel throughout the Bureau of Prisons and recognize the extraordinary contributions of hard-working public defenders and panel attorneys across this country.”
“Defending those accused of crimes is not just a nice thing to do, it is a constitutional requirement,” said Associate Attorney General Vanita Gupta. “That constitutional requirement helps ensure fairness and legitimacy — and for that reason, every actor in the criminal justice system should be invested in the work of public defenders. The Department of Justice stands with and is taking concrete steps to support public defenders as we work to make real the promise the Gideon decision made 60 years ago.”
Leading up to the anniversary on Saturday, March 18, ATJ, in partnership with Justice Department officials, launched a National Public Defense Day Tour focused on the appreciation and recognition of public defense. Through the Tour, the Department aimed to demonstrate commitment and responsiveness to concerns related to indigent defense in many communities. The National Public Defense Day Tour stops included:
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Miami – Deputy Attorney General Lisa Monaco, joined by U.S. Attorney Markenzy Lapointe for the Southern District of Florida and ATJ Director Rachel Rossi, launched the tour in Miami, where they met with federal and local public defenders and discussed barriers to access to counsel in detention facilities. The Deputy Attorney General announced a comprehensive, 100-day review to ensure consistent, timely access to counsel in Bureau of Prisons pretrial facilities.
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Tulsa, Oklahoma – Director Rossi met with the organization Still She Rises and local public defenders to discuss racial equity and holistic defense models of public defense.
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Muscogee (Creek) Nation – Director Rossi visited Muscogee (Creek) Nation Attorney General Geri Wisner and tribal defenders to discuss unique issues in public defense in Tribal jurisdictions.
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Las Vegas – Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department's Criminal Division and U.S. Attorney Jason M. Frierson for the District of Nevada joined Director Rossi at the William S. Boyd School of Law at the University of Nevada to discuss with law students the importance of public defense careers. Both announced a collaborative effort with ATJ and the Criminal Division’s Office of Overseas Prosecutorial Development and Training program to visit with and learn about Ghana’s legal aid commission and the commission’s public defender division, and to consider the possibility of study exchange visits to the United States. Director Rossi also announced that ATJ will soon launch a series of visits with law schools across the country to promote public defense careers.
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Nashville, Tennessee – Principal Deputy Assistant Attorney General Amy Solomon of the Office of Justice Programs joined Director Rossi to visit with members of the Public Defender Forensic Social Work Program and Nashville Public Defenders to discuss resource needs, and to announce the issuance of a joint dear colleague letter encouraging use of Byrne-JAG federal grant funding to resource public defense.
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Des Moines, Iowa – Associate Attorney General Vanita Gupta and U.S. Attorney Richard D. Westphal for the Southern District of Iowa joined Director Rossi where they met with the Iowa State Public Defender and contract attorneys to explore the needs of bar panel and contract defense attorneys, learn about issues faced by rural defenders, and discuss the assessment of fees for public defense services.
“On this 60th anniversary of Gideon, the Department is elevating the perspectives and experiences of public defense professionals and impacted communities across the country,” said Director Rossi. “As the principal advisor to the Department on the Sixth Amendment, ATJ will fulfill its mission by continuing to center these voices.”
To conclude the National Public Defense Day Tour, the Justice Department will hold a reception at the Department of Justice with over 100 attendees from various public defender offices, public defense organizations, judicial officers and court staff, government officials, and international partners. The reception, which can be viewed live, will feature remarks from Attorney General Merrick B. Garland, Associate Attorney General Vanita Gupta, ATJ Director Rachel Rossi, and the Federal Public Defender for the Western District of Virginia Juval Scott.
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Waco Return Preparers Sentenced to Prison in Tax SchemeRead the Press Release
A group of Texas tax return preparers were sentenced to prison yesterday for conspiring to file false tax returns.
According to court documents, between 2012 and 2017, Labanda Loyd, Deidra Brandon, Shaterian Parr, Jaleesia Sais, and Lashamekwa Alexander worked as return preparers at Tax World and another tax preparation firm in Waco. Loyd also served as manager and Brandon was, at times, Loyd’s assistant manager. Together, they conspired to prepare and file tax returns that fraudulently claimed refunds their clients were not entitled to receive. As manager, Loyd instructed some of her coconspirators how to prepare the false returns. For some clients, the conspirators completely fabricated employment, wage and tax withholding information on their clients’ returns. For others, they altered the wages and withholdings legitimately reported to the IRS by their employers. In all, the conspirators caused a tax loss exceeding $1.8 million.
Loyd was sentenced to 51 months in prison, Sais was sentenced to 40 months in prison, Brandon was sentenced to 12 months and one day in prison, Parr was sentenced to five years of probation and Alexander was sentenced to 40 months of probation. In addition, Loyd, Sais, Brandon, Alexander and Parr were each ordered to pay $918,396 in restitution to the United States.
“Return preparers are entrusted to accurately report clients’ income tax information,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “Those who violate that trust, as these defendants did, will face the consequences.”
“The sentencing of these criminals for their tax crimes during the ongoing tax season is a timely reminder justice will always prevail,” said Acting Special Agent in Charge Rodrick J. Benton of IRS-CI’s Houston Field Office. “These tax preparers submitted false returns claiming fraudulent refunds to the IRS, all while betting they would not get caught. But the one thing they all forgot; no one is better at following the money than IRS-CI Special Agents.”
IRS-Criminal Investigation investigated the case.
Trial Attorneys Patrick Elwell, Matthew Hicks and Wilson Stamm of the Justice Department’s Tax Division prosecuted the case.
Man Pleads Guilty to $1.9M Baby Formula Fraud SchemeRead the Press Release
A New York man pleaded guilty today to defrauding insurance plans and medical suppliers by fraudulently procuring specialty baby formula.
According to court documents, Vladislav Kotlyar, 43, of Staten Island, submitted and caused the submission of forged prescriptions and medical records for specialty baby formula that was paid for by health insurers. Kotlyar obtained prescriptions and medical records for infants who were prescribed specialty baby formula and forged those records to obtain additional specialty baby formula. After receiving the specialty baby formula, Kotlyar fabricated issues with the shipments, including by falsely claiming they were damaged or the incorrect formula to acquire additional formula at no additional cost. Kotlyar then sold the fraudulently obtained formula. As part of the scheme, Kotlyar and his co-conspirators submitted more than $1.9 million in fraudulent claims to health insurers, including during a national shortage of baby formula. Kotlyar agreed to forfeit approximately $1 million and repay more than $738,000 in restitution.
Kotlyar pleaded guilty to mail fraud and faces a maximum penalty of 20 years in prison. A sentencing date has not been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Breon Peace for the Eastern District of New York, and Assistant Director in Charge Michael J. Driscoll of the FBI New York Field Office made the announcement.
The FBI is investigating the case.
Trial Attorney Patrick J. Campbell of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
Health Care Staffing Executive Indicted for Fixing Wages of NursesRead the Press Release
A federal grand jury in Las Vegas returned an indictment yesterday charging a health care staffing executive with conspiring to fix the wages of Las Vegas nurses, in violation of the Sherman Act.
According to the one-count felony indictment, Eduardo Lopez, of Las Vegas, held executive positions at three different home health agencies. For each company, Lopez oversaw recruitment, hiring, retention and assignments of nurses and other health care staff. Lopez and other unnamed co-conspirators are charged with agreeing to suppress and eliminate competition for the services of nurses between March 2016 and May 2019. Specifically, Lopez and his co-conspirators are charged with participating in a series of meetings and communications to fix wages of nurses.
“Wage fixing is a crime that deprives workers of hard-earned wages,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The Antitrust Division will be vigilant in protecting workers.”
“We will continue to partner with the Antitrust Division and the FBI to protect the marketplace and the rights of workers to earn fair wages,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “We will investigate and prosecute those who engage in anticompetitive activities.”
“The wage fixing alleged in this case harmed hardworking Americans and cheated them of fair opportunity and compensation,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI is committed to rooting out anti-competitive activity and corruption.”
A violation of the Sherman Act carries a statutory maximum penalty of 10 years in prison and a $1 million fine for individuals and a maximum penalty of a $100 million fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than the statutory maximum.
Today’s announcement is the result of a federal investigation being conducted by the Antitrust Division’s San Francisco Office and the International Corruption Unit of the FBI, with assistance from the U.S. Attorney’s Office for the District of Nevada.
The charges in this case were brought in connection with the Antitrust Division’s ongoing commitment to prosecute anticompetitive conduct affecting American labor markets. Anyone with information on market allocation or price fixing by employers should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Sterling Bancorp, Inc. to Plead Guilty to $69M Securities FraudRead the Press Release
*This press release was revised on April 12, 2023, to remove reference to uncharged third parties.
**This press release was revised on July 11, 2023, to include information concerning individuals convicted in relation to this case.
A Southfield, Michigan-headquartered bank holding company has agreed to plead guilty to securities fraud for filing false securities statements relating to its 2017 initial public offering (IPO) and its 2018 and 2019 annual filings.
According to a signed plea agreement that will be publicly filed in court, Sterling Bancorp, Inc. (the Company) was the holding company for its wholly owned subsidiary, Sterling Bank and Trust F.S.B. (the Bank, or together with the Company, “Sterling”). Sterling – with branches located in San Francisco, Los Angeles, Seattle, New York, and Southfield – completed an IPO in 2017, and the Company’s stock began trading on the NASDAQ exchange under the ticker symbol “SBT.”
“For years, Sterling originated residential mortgages that were rife with fraud to pad its bottom line and then lied about these loans in its IPO and subsequent public filings, defrauding unwitting investors,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This proposed guilty plea reflects the nature and seriousness of the wrongdoing and demonstrates the Department of Justice’s commitment to protecting the integrity of our public markets, holding corporations accountable for their criminal misconduct, and compensating victims for their losses.”
The largest portion of the Bank’s loan portfolio was composed of residential mortgage loans. In or around 2011, the Bank established a residential mortgage loan program known as the Advantage Loan Program (ALP). Between 2011 and 2019, the Bank’s employees and agents originated at least $5 billion in ALP loans. The Bank touted the ALP’s flexible documentation requirements and fast underwriting and closing capabilities. The program required a minimum 35% down payment and charged higher rates and fees than generally were available elsewhere in the market, but it did not require submission of typical loan documentation, such as an applicant’s tax returns or payroll records.
“The consequences of this type of financial fraud scheme are damaging and far-reaching,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our law enforcement partners remain committed to protecting good-faith investors and safeguarding the integrity of our markets from companies that commit securities fraud.”
In the lead-up to the IPO, Sterling’s loan officers were encouraged to increase the volume of ALP loan originations to increase the Bank’s revenue through origination fees and interest payments. The Bank’s Underwriting Department maintained internal underwriting guidelines that governed the loan approval process for the ALP. The underwriting guidelines required loan officers to obtain various documents from the borrower and the borrower’s employer. In addition to collecting these documents, loan officers were supposed to calculate the borrower’s debt-to-income ratio, which was a personal-finance measure that compared the amount of debt a borrower had to the borrower’s overall income and was used to measure the borrower’s ability to manage monthly mortgage payments. Taken together, the various documents obtained from the borrower and the borrower’s employer, and related information, were critical to completing certain mortgage application forms and assessing the creditworthiness of a borrower’s application.
In connection with loans originated through the ALP, the Bank’s loan officers falsified, caused to be falsified, and concealed various information from the Bank’s Underwriting Department and Quality Control Department that the loan officers believed would delay or prevent the Bank from originating loans under the ALP.
The false information that the loan officers included and caused to be included in ALP applications was ultimately transmitted to, and relied upon by, the Bank’s Underwriting Department and caused the Bank to originate ALP loans and extend credit to borrowers who otherwise would not have qualified for credit from the Bank based upon the underwriting guidelines. These fraudulent loans directly increased the Bank’s revenue through fees and interest associated with the origination of the fraudulent loans.
In or around October 2017 – while Sterling was artificially inflating its revenue through the ALP – Sterling went public. In connection with its IPO, Sterling’s 2017 SEC Form S-1 contained materially false and misleading statements that touted the soundness of the ALP loans. In truth, the ALP was rife with fraud.
After Sterling’s IPO, the ALP fraud continued. In its 2018 and 2019 SEC Form 10-K filings, Sterling reiterated a series of materially false and misleading statements about the ALP. As a result of Sterling’s fraud, the total loss to Sterling’s non-insider victim-shareholders was nearly $70 million.
“Bank holding companies that engage in fraud to deceive the public and regulators must be brought to justice for their actions,” said Inspector General Mark Bialek of the Board of Governors of the Federal Reserve System and Consumer Financial Protection Bureau. “I commend our agents and their federal law enforcement partners for their hard work and persistence, which ultimately led to today’s announcement.”
“This proposed guilty plea holds Sterling accountable for its role in defrauding non-insider victim-shareholders of millions of dollars by originating fraudulent loans through its Advantage Loan Program and filing false securities statements about the Program in its IPO and subsequent annual filings,” said Acting Inspector General Tyler Smith of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG). “The FDIC-OIG is committed to working with our law enforcement partners to investigate financial crimes that harm innocent investors and consumers and undermine the integrity of the banking sector.”
“This case is another example of Postal Inspectors relentlessly pursuing any individual or entity committing securities fraud,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations. “I'm proud of the work done by all the investigators involved in this case and look forward to the continued collaborative efforts between Postal Inspectors and our law enforcement partners.”
Under the terms of the plea agreement, which must be accepted by the court, the Company will plead guilty to one count of securities fraud. The Company will also be required to serve a term of probation through 2026, submit to enhanced reporting obligations to the department, and pay more than $27.2 million in restitution to its non-insider victim-shareholders. The department considered a range of factors outlined in the department’s Inability to Pay Guidance and determined that any payment exceeding approximately $27.2 million is reasonably likely to threaten the continued viability of the Company, which may expose the Company’s shareholders to a further risk of loss. Accordingly, to ensure that the maximum amount of the Company’s funds is paid to restitution, the department has agreed not to seek a criminal fine in this case.
A number of relevant considerations contributed to the department’s criminal resolution with Sterling, including the nature and seriousness of the offense and the pervasiveness of the misconduct at the most senior levels of the Company. Sterling received credit for its cooperation with the department’s investigation and engaged in extensive remedial measures, including terminating employees involved in the ALP fraud, such that through terminations and resignations, more than 100 officers and employees left the bank; completely overhauling the Bank’s senior management, including terminations of former senior management; overhauling the Bank’s residential lending department, internal audit function, compliance function, and Bank Secrecy Act/Anti-Money Laundering function, and creating an enterprise risk management function; permanently ending the ALP; hiring a new chairman, chief executive officer, and president; increasing the number of independent directors on the Company’s board of directors; and implementing a new business model to reduce its risk profile.
As part of Sterling’s plea agreement, Sterling agreed to cooperate fully with the United States in all matters relating to the conduct covered by the plea agreement and other conduct under investigation by the United States, to self-report violations of U.S. federal criminal law, and to continue to implement a compliance and ethics program designed to effectively detect and deter violations of U.S. securities laws throughout its operations.
Three individuals previously pleaded guilty in connection with the underlying ALP fraud. YiHou Han, 39, of San Francisco, California, Hao Liang “Frank” Hu, 48, of Chino Hills, California, and Amy Lu, 33, of Brea, California, have each pleaded guilty. Han pleaded guilty to one count of conspiracy to commit bank fraud and wire fraud, Hu pleaded guilty to one count of conspiracy to commit bank fraud and wire fraud, and Lu pleaded guilty to one count of conspiracy to commit bank fraud and wire fraud. Han and Hu each face a maximum sentence of 30 years in prison, and Lu faces a maximum sentence of five years in prison. All are awaiting sentencing. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Los Angeles Field Office, Board of Governors of the Federal Reserve System and Consumer Financial Protection Bureau Office of Inspector General, FDIC-OIG San Francisco, and USPIS investigated the case.
Assistant Chief Cory E. Jacobs and Trial Attorney Amanda Fretto Lingwood of the Criminal Division’s Fraud Section are prosecuting the case.
If you believe you are a victim in this case, please contact the Fraud Section’s Victim Witness Unit toll-free at (888) 549-3945 or by email at [email protected]. You are also encouraged to visit our webpage for this case at https://www.justice.gov/criminal-vns/case/united-states-v-sterling-bancorp-inc.
Southern California Return Preparer Charged with Filing False Tax ReturnsRead the Press Release
A federal grand jury in Riverside, California, returned an indictment, unsealed Tuesday, charging a California man with 47 counts of preparing false tax returns.
According to the indictment, for tax years 2016 through 2021, Salvador Gonzalez operated a tax preparation business, Grace’s Lighthouse Resource Center, Inc., in Corona, California, and prepared individual and corporate income tax returns for clients to submit to the IRS that claimed tens of thousands of dollars in false business losses. Gonzalez also allegedly falsified additional deductions on client returns, including medical and dental expenses, unreimbursed employee expenses, and charitable contributions, knowing that the clients were not entitled to the amounts claimed.
If convicted, Gonzalez faces a maximum penalty of three years in prison for each false return count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Martin Estrada for the Central District of California made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorney Lauren K. Pope of the Justice Department’s Tax Division and AUSA Robert S. Trisotto of the U.S. Attorney’s Office for the Central District of California, Riverside Branch Office, are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.