District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
San Diego Man Pleads Guilty to Failing to Appear, Tax Evasion and FraudRead the Press Release
A California man pleaded guilty yesterday, in three separate cases, to failing to appear at his sentencing, attempting to evade the assessment of income tax and wire fraud.
According to court documents and statements made in court, Robin J. McPherson, formerly of San Diego, failed to appear for his sentencing in March 2001 following a December 2000 bench trial convicting him and two co-defendants of conspiring to defraud the IRS and collectively evading over $1 million in income taxes for tax years 1993 and 1994.
While a fugitive, McPherson was indicted for attempting to evade income taxes due on income he received in 1999 and 2000 from individuals who believed they were investing in an internet shopping mall. The defendant cashed checks he received from these individuals, directed the income from this enterprise to a Canadian bank account and did not file income tax returns for those years with the IRS, causing a tax loss of approximately $79,367.
Later, between 2016 and 2020, the defendant, using the name Raymond James, defrauded other individuals of approximately $1.5 million by inducing them to invest in Costa Rican villas that were never built.
In May 2022, McPherson was apprehended in Costa Rica and deported back to the United States.
“Robin McPherson only delayed the inevitable, when he appeared before the Court and entered his guilty plea today to tax evasion and other crimes,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “Tax fugitives should know that they will be found and brought to justice, no matter where they hide or how long it takes.”
“After over 20 years since his original conviction for tax charges, McPherson is now being held accountable and taking responsibility for his crimes,” said Special Agent in Charge Tyler Hatcher of the IRS Criminal Investigation Los Angeles Field Office. “Today’s guilty plea serves as a reminder and warning, those who evade their taxes and try to run will face the consequences. No person is above the law, and no one can evade the consequences indefinitely.”
McPherson is scheduled to be sentenced on April 28, 2023, and faces a maximum penalty of five years in prison for failure to appear, five years in prison for tax evasion and 20 years in prison for wire fraud. The defendant 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, U.S. Attorneys Randy S. Grossman for the Southern District of California and Natalie K. Wight for the District of Oregon made the announcement.
IRS-Criminal Investigation and the FBI are investigating the matter.
Trial Attorney Charles A. O’Reilly of the Justice Department’s Tax Division is prosecuting the cases.
Registered Sex Offender Sentenced for Production and Distribution of Child PornographyRead the Press Release
A Maryland man was sentenced today to 35 years in prison for production and distribution of images and videos depicting the sexual abuse of children.
Justin Michael Peterson, 28, pleaded guilty in the District of Maryland to one count of sexual exploitation of a child and one count of distribution of child pornography on Aug. 30, 2022.
According to court documents, in January 2020, Peterson used Instagram to video chat with a minor victim and entice the minor victim to masturbate and insert objects into the victim’s anus while Peterson masturbated. Peterson used special software to record those chats and distributed the recordings to another minor child with whom Peterson had been exchanging sexually explicit messages on Kik and Snapchat. During his chats with the second minor child, Peterson discussed his interest in traveling to the minor victim’s home to kidnap them.
After his arrest in February 2020, Peterson admitted to law enforcement that he is sexually attracted to children as young as three years old. Peterson’s phone contained hundreds of images depicting the sexual abuse of children, including toddlers and infants. Forensic examination of Peterson’s phone also revealed that he actively participated in several online chat groups dedicated to the sexual exploitation of children and distributing child sexual abuse material. Peterson also posted messages to these groups offering to “rent” one of the minor victims as a “cam slave.”
Peterson was previously convicted in Maryland in 2016 for distributing child pornography and was required to register as a sex offender at the time of his offenses.
In addition to serving 35 years in prison, Peterson was sentenced to 30 years of supervised release years and will be required to register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Erek L. Barron for the District of Maryland, and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
The FBI, the Carroll County Sheriff’s Office, and the Boone, North Carolina, Police Department investigated the case.
Trial Attorney Eduardo Palomo of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Paul E. Budlow for the District of Maryland prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Minnesota Man Charged with Tax and Wire FraudRead the Press Release
A federal grand jury in St. Paul returned an indictment yesterday charging a Minnesota man with assisting in the preparation of false income tax returns and wire fraud.
According to the indictment, from 2014 to 2018, Beau Wesley Gensmer, of Prior Lake, owned a purported consulting company and, starting in 2014, hired a tax return preparer in Anchorage, Alaska, to prepare and electronically file federal income tax returns for members of the Shakopee Mdewakanton Sioux Community, the Native American tribe that owns Mystic Lake and Little Six Casinos outside of Minneapolis. Gensmer allegedly convinced tribal members to hire him to assist in the preparation and filing of their tax returns. The indictment alleges that Gensmer then emailed the Alaskan return preparer false information she used to prepare income tax returns for the tribe members that claimed fraudulent business losses and charitable contributions. The materially false entries allegedly resulted in tax refunds that averaged more than $100,000 for each client. Gensmer’s scheme allegedly involved numerous false income tax returns, for which he received approximately 30% of each inflated tax refund. In total, Gensmer is alleged to have caused a tax loss to the IRS of more than $1.5 million.
The defendant will appear before a U.S. Magistrate Judge for the District of Minnesota for his initial court appearance. If convicted, he faces a maximum penalty of 20 years in prison for each count of wire fraud and 3 years in prison for each false tax return charge. 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 United States Attorney Andrew M. Luger for the District of Minnesota made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Ahmed Almudallal and Dominick Giovanniello of the Justice Department’s Tax Division and 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.
Las Vegas Dentist Pleads Guilty to Failing to Pay Employment TaxesRead the Press Release
A Nevada-licensed dentist pleaded guilty yesterday to willfully failing to pay over employment taxes withheld from employees of his Las Vegas practice.
According to court documents, Timothy Wilson of Phoenix, Arizona, was a Nevada-licensed dentist who owned and operated Starsmiles Children’s Dentistry, LLC, a pediatric dental practice with offices located in North Las Vegas and Las Vegas. As the sole owner of Starsmiles, Wilson was responsible for collecting and paying over to the IRS the income, Medicare, and Social Security taxes withheld from the wages paid to Starsmiles’ employees. From 2011 through 2014, Wilson withheld these taxes from his employees’ wages but did not to pay the withholdings to the IRS. In total, Wilson caused a tax loss of $289,654.63.
Wilson is scheduled to be sentenced on April 24, 2023, and faces a maximum penalty of 5 years in prison. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and United States Attorney Jason M. Frierson for the District of Nevada made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Patrick Burns and Regina Jeon of the Justice Department’s Tax Division are prosecuting the case.
Federal Court Permanently Enjoins Tax Return Preparer in FloridaRead the Press Release
The U.S. District Court for the Southern District of Florida has permanently enjoined a Miami-based tax return preparer from preparing returns for others and from owning, managing, or working at any tax return preparation business in the future.
The court entered judgment against Arnold Zio after he failed to respond to the government’s suit. The terms of the order require that Zio, individually and doing business as Platinum Citizens Financial, LLC and FTP Tax Services, send notices of the injunction to each person for whom he prepared federal tax returns after January 1, 2016, and post the injunction in places where he conducts business, including social media accounts and websites. The order also provides that the United States may monitor Zio’s compliance with the injunction.
The civil complaint filed against Zio alleged that he prepared tax returns claiming fabricated business income and expenses, as well as claiming various false tax deductions, including charitable contributions. It also alleged that Zio, without authorization, diverted customer refunds into his own bank account and failed to return COVID-19 stimulus funds that were improperly deposited into his account. According to the civil complaint, Zio claimed over $850,000 in falsified or inflated deductions on his customers’ tax returns, claimed at least $545,000 in falsified or inflated business losses, and diverted at least $188,000 from his customers’ refunds into his own bank account.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the 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.
Justice Department Files Pay Equity Lawsuit Challenging Compensation Discrimination by Wisconsin Department of Military AffairsRead the Press Release
The Justice Department filed a complaint today against the Wisconsin Department of Military Affairs (WDMA) alleging that the WDMA discriminated on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, when it offered a woman a lower salary than similarly or less qualified men for the same job. Title VII is a federal statute that prohibits compensation discrimination and other forms of employment discrimination on the basis of sex, race, color, national origin and religion.
“It is a violation of federal law for employers to offer a qualified woman less pay simply because of her sex,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “The Civil Rights Division is committed to confronting the gender pay gap and holding state and local government employers accountable when they discriminate on the basis of sex in setting compensation. Title VII is a critical tool in bringing an end to unlawful actions that perpetuate gender pay disparities in the workplace.”
The lawsuit, filed by the United States in the Western District of Wisconsin, alleges that the WDMA engaged in compensation discrimination based on sex by offering Michelle Hartness a lower salary than it offered or paid similarly or less qualified men for a director position in the WDMA. According to the complaint, Ms. Hartness was selected for a director position, but the WDMA offered her a salary below the salary range stated in the job announcement. When Ms. Hartness pointed this out and asked for a salary commensurate with the range from the posting and her skills and experience, the WDMA offered her the lowest salary in the range. Ms. Hartness asked for a salary consistent with her qualifications and on par with the man holding the other director position in the division. The WDMA rejected her request. Instead, the WDMA conducted another selection process and offered the Director position to only men, at salaries significantly higher than the salary it offered Ms. Hartness, even though she was as or more qualified than these men. The WDMA ultimately hired a less qualified man at a higher salary than it offered Ms. Hartness.
Ms. Hartness filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s Milwaukee Area Office investigated the charge and found reasonable cause to believe that Ms. Hartness was discriminated against because of her sex. After unsuccessful conciliation efforts, the EEOC referred the charge to the Justice Department.
Ensuring that local, county and state governments comply with Title VII is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.
Senior Trial Attorneys Patricia Stasco and Hector Ruiz of the Civil Rights Division’s Employment Litigation Section are prosecuting the case.
Former Louisville, Kentucky Department of Corrections Officer Sentenced to 36 Months in Prison for Violent Assault on Pretrial DetaineeRead the Press Release
Darrell Taylor, 32, a former officer with the Louisville Metro Department of Correction, in Louisville, Kentucky, was sentenced to 36 months in federal prison for using unreasonable force against a detainee, thereby violating the detainee’s civil rights.
In October 2022, a jury heard evidence proving that the defendant, while working as a correctional officer, assaulted B.R., a pretrial detainee being detained in the Louisville Metro Department of Corrections. On Dec. 15, 2020, Taylor was serving breakfast to detainees in the Louisville Metro Department of Corrections. During the breakfast service, B.R., a detainee with reported mental health issues, used insulting language in a conversation with Taylor, after which Taylor followed B.R. back to B.R.’s bunk, grabbed him, threw him to the ground and punched him repeatedly in the face. After the fourth punch, B.R. went limp and lost consciousness. Taylor then lifted B.R. and slammed him face-first into the ground. B.R.’s jaw and cheekbone were broken during the assault.
“The defendant abused his authority as a law enforcement officer and betrayed the public’s trust when he violently assaulted a detainee in his custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Officials working inside jails and prisons who abuse inmates and detainees are not above the law, and we will continue to vigorously prosecute those who deprive people of their Constitutional rights.”
“The defendant’s violent assault in this case was a blatant disregard of the civil rights and physical well-being of a Metro Department of Corrections’ detainee,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “This office will continue to thoroughly investigate and aggressively prosecute corrections officials who violate the civil rights of individuals through the use of unreasonable force.”
“Corrections officers are tasked with the difficult job of maintaining a safe and secure environment in our prison facilities. When one officer abuses the authority placed in them by violating the civil rights of an inmate, it undermines the trust placed in all law enforcement officers,” said Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office. “This sentence should be a reminder that the FBI takes all allegations of civil rights violations seriously and will vigorously investigate and seek prosecution for these abuses of power.”
The FBI Louisville Field Office investigated the case.
Assistant U.S. Attorney Amanda Gregory for the Western District of Kentucky and Trial Attorney Andrew Manns of the Civil Rights Division’s Criminal Section prosecuted the case.
Two Florida Men Sentenced for Racially-Motivated Hate Crime Following Violent Assault on a Black ManRead the Press Release
Two Florida men were sentenced today in federal court in the Middle District of Florida for hate crime charges in connection with their racially-motivated attack against a Black man in Citrus Springs.
Roy Lashley, 56, was sentenced to 60 months in prison, and his brother, Robert Lashley, 52, was sentenced to 36 months in prison.
According to the facts admitted in the defendants’ pleas, on Nov. 17, 2021, Roy and Robert Lashley traveled to the Family Dollar in Citrus Springs, where the victim, a Black man, was shopping inside. After Roy Lashley repeatedly used racial slurs inside the store in reference to the victim, both Roy and Robert Lashley followed the victim into the parking lot. There, Robert Lashley ran to the victim and hit him numerous times, while Roy Lashley retrieved an axe handle from the bed of his truck, ran to the scene, and struck the victim multiple times with it. Both Roy and Robert Lashley directed racial slurs towards the victim before, during, and after the attack. The victim sustained painful injuries to his face and legs, including a laceration to the inside of his mouth. Both Roy and Robert Lashley admitted that they willfully caused bodily injury to the victim and acted because of the victim’s actual or perceived race or color.
“Driven by bigotry and hate, the defendants brutally assaulted a Black man for no other reason than his race,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Racially-motivated violence is abhorrent, unlawful and has no place in America today. Aggressive prosecution of hate crimes is a top priority for the Civil Rights Division, and these sentences should send a message to others who would carry out similar acts of violence that they will be brought to justice.”
“The brutal attack against the victim in this case was motivated by hate and bigotry,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “Because of the great determination and cooperation between our federal and local law enforcement partners, we were able to bring these callous criminals to justice.”
“Civil rights investigations are at the heart of what we do at the FBI,” Special Agent in Charge Sherri E. Onks of the FBI Jacksonville Field Office. “Hate crimes are not only an attack on the victim; they are meant to threaten and intimidate an entire community. Because of their wide-ranging impact, investigating hate crimes is among the FBI's highest priorities, and we will continue to work with our law enforcement partners to seek justice for victims and their communities.”
Assistant Attorney General Clarke, U.S. Attorney Handberg and Special Agent in Charge Onks made the announcement.
The FBI and the Citrus County Sheriff’s Office investigated the matter.
Trial Attorneys Maura White and Matthew Tannenbaum of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney William Hamilton for the Middle District of Florida prosecuted the case.
For more information and resources about the department’s work to combat hate crimes, visit www.justice.gov/hatecrimes.
Louisiana Man Sentenced to 45 Years for Kidnapping and Attempting to Murder a Gay Man as Part of Hate Crime Scheme Targeting Users of a Dating App for Gay MenRead the Press Release
Chance Seneca, 21, of Lafayette, Louisiana, was sentenced today to 45 years in federal prison for kidnapping and attempting to murder a gay man as part of a months-long scheme to kidnap and murder gay men.
The court rested its sentence on many factors, including its determination that the defendant intentionally targeted the victim and other gay men because of their gender and sexual orientation.
“The facts of this case are truly shocking, and the defendant’s decision to specifically target gay men is a disturbing reminder of the unique prejudices and dangers facing the LGBTQ+ community today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The internet should be accessible and safe for all Americans, regardless of their gender or sexual orientation. We will continue to identify and intercept the predators who weaponize online platforms to target LGBTQ+ victims and carry out acts of violence and hate.”
According to evidence introduced at sentencing and in an earlier hearing where the defendant pleaded guilty, Seneca in June 2020 used Grindr, a dating application for gay and bisexual men, to kidnap and attempt to murder H.W., a gay man. Specifically, Seneca used Grindr to propose a meeting with H.W., with the intent of murdering and dismembering him, and then drove H.W. to an isolated house, took out a handgun, instructed him to put on handcuffs, and then used several methods to attempt to murder him. Believing that H.W. was dead, Seneca then attempted to dismember him. After his arrest, Seneca admitted that he had planned to continue murdering gay men until he was caught or killed.
Seneca acknowledged that he kidnapped and attempted to murder H.W. in order to satisfy a compulsive murder-fantasy. Seneca had become fixated with the idea of killing gay men, and this fascination led him to spend months designing a murder-kidnapping scheme that mirrored the murders of gay men committed by the notorious serial killer Jeffrey Dahmer. Seneca intentionally targeted gay men, as Dahmer had done. Seneca had also intended to eat and preserve the bodies of his victims, as Dahmer had done.
“No one should ever be subjected to the type of horrendous actions that this defendant inflicted upon the victim in this case,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “The victim never thought that he would find himself falling prey to a predator in such a way. Hate crimes such as this are a top priority for the Department and this office, and we take these kind of cases very seriously. It is important that we all remain vigilant and cautious as we use the internet in our everyday lives to avoid situations that may lead to destructive behavior of others towards us.”
“The preservation of civil rights and the investigation of Color of Law violations are of utmost priority for the FBI,” said Special Agent in Charge Douglas A. Williams Jr. of the FBI New Orleans Field Office.” "Today's sentencing sends a clear message that individuals like Chance Seneca will be held accountable. We thank our partners at the United States Attorney's Office, Western District of Louisiana, Department of Justice Civil Rights Division and Lafayette Police Department for their strong partnership and dedication to protecting the civil rights of every citizen.”
The FBI and the Lafayette Police Department conducted the investigation.
Deputy Criminal Chief Myers Namie for the Western District of Louisiana and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section are prosecuting the case.
Justice Department Seeks to Shut Down Texas Tax Return PreparerRead the Press Release
The United States filed a complaint in the U.S. District Court for the Northern District of Texas yesterday seeking to bar a North Texas-area tax return preparer from preparing federal income tax returns for others.
The complaint alleges that Jennifer Murley and her tax preparation business prepared over 2,200 federal income tax returns and filed them during 2019 through 2022. According to the complaint, in a number of these tax returns, Murley and her business overstated the customers’ tax refunds by fabricating household help income, which can increase unlawful claims for tax credits, or by fabricating or inflating business losses to reduce taxable income improperly.
The complaint further alleges that by repeatedly understating her customers’ tax liabilities the fraudulent return preparation activities of Murley and her tax preparation business have caused a loss to the United States for returns filed during the years 2019 through 2022 totaling more than an estimated $2 million of tax revenue.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
Justice Department Finds Louisiana Department of Public Safety and Corrections Violates the Constitution by Incarcerating People Beyond Their Release DatesRead the Press Release
The Justice Department announced today that it has concluded there is reasonable cause to believe that the Louisiana Department of Public Safety and Corrections (LDOC) routinely confines people in its custody past the dates when they are legally entitled to be released from custody, in violation of the Fourteenth Amendment.
Specifically, the department concluded that: 1) LDOC denies individuals’ due process rights to timely release from incarceration; 2) LDOC’s failure to implement adequate policies and procedures causes systemic overdetentions; and 3) LDOC is deliberately indifferent to the systemic overdetention of people in its custody. For more than 10 years, LDOC has been on notice of its overdetention problem and has failed to take adequate measures to ensure timely releases of incarcerated individuals from its custody. Between January and April 2022 alone, 26.8% of the people released from LDOC’s custody were held past their release dates. Of those overdetained people, 24% were held over for at least 90 days, and the median number of days overdetained was 29. In just this four-month period, LDOC had to pay parish jails an estimated $850,000, at a minimum, in fees for the days those individuals were incarcerated beyond their lawful sentences. At that rate, this unconstitutional practice costs Louisiana over $2.5 million a year.
As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided LDOC with written notice of the supporting facts for these findings and the minimum remedial measures necessary to address them.
“The Constitution guarantees that people incarcerated in jails and prisons may not be detained beyond their release dates, and it is the fundamental duty of the State to ensure that all people in its custody are released on time,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation uncovered evidence of systemic violations by the Louisiana Department of Public Safety and Corrections that have resulted in the routine confinement of people far beyond the dates when they are legally entitled to be released. We are committed to taking action that will ensure that the civil rights of people held in Louisiana’s jails and prisons are protected. We stand ready to work with state officials to institute long overdue reforms.”
“Persons are legally incarcerated every day in America and are ordered by the court to serve certain sentences primarily for punishment, deterrence and rehabilitation purposes,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “This ultimately benefits the individual, society and the criminal justice system. There is an obligation both to incarcerated persons and the taxpayers not to keep someone incarcerated for longer than they should be. This can be costly from a physical and mental standpoint for the incarcerated individual and a waste of money for the taxpayer. Timely release is not only a legal obligation, but arguably of equal importance, a moral obligation. We look forward to working with the Louisiana Department of Corrections to ensure that it has the policy and tools going forward to prevent overdetention from reoccurring.”
“It is the job of the U.S. Department of Justice to protect the constitutional rights of every person, including individuals who are incarcerated,” said U.S. Attorney Ronald C. Gathe Jr. for the Middle District of Louisiana. “While all government agencies operate under constraints, that is no excuse for violating the rights of people who have served their sentences and are ready to start their lives anew. Federal law requires equal justice for all. My office is committed to enforcing that mandate.”
“Today’s findings demonstrate the Department of Justice’s commitment to hold accountable institutions entrusted to protect the rights of all citizens, including people within the Louisiana Department of Corrections,” said U.S. Attorney Duane Evans for the Eastern District of Louisiana. “Lawfully convicted people should not serve a day beyond their official designated release dates. Louisiana is wasting money on incarcerating people beyond their release dates and incurring legal expenses in defending lawsuits filed by the overdetained. We look forward to working with all affected parties to correct this problem.”
The Justice Department initiated the investigation in December 2020 under CRIPA, which authorizes the Department to take action to address a pattern or practice of deprivation of legal rights of individuals confined to state or local government-run correctional facilities.
Individuals with relevant information are encouraged to contact the Justice Department by phone at 1-833-492-0097, or by email at [email protected].
For more information about the Civil Rights Division and the Special Litigation Section, please visit: https://www.justice.gov/crt/special-litigation-section. You can also report civil rights violations to the Civil Rights Division by completing a complaint form available at: https://civilrights.justice.gov/.
Additional information about the Eastern, Middle, and Western U.S. Attorneys Offices is available at: https://www.justice.gov/usao-edla , https://www.justice.gov/usao-mdla , and https://www.justice.gov/usao-wdla.
Illinois Man Charged with Setting Fire to Planned ParenthoodRead the Press Release
An Illinois man has been arrested and charged by criminal complaint with malicious use of fire and an explosive to damage, and attempt to damage, the Planned Parenthood Peoria Health Center in Peoria.
The complaint alleges that Tyler W. Massengill, 32, of Chillicothe, committed the offense.
On Jan. 15, law enforcement received a report of a fire in progress at the Planned Parenthood in Peoria. Subsequent investigation — including a review of area surveillance from the fire scene — revealed that at approximately 11:20 p.m., an older white pickup truck with red doors parked in an area adjacent to Planned Parenthood. Video footage depicts a man wearing a coat with a hood pulled up and possible face mask walk up to the building with a laundry detergent-sized bottle. The man lit a rag on fire on one end of the bottle, smashed a window with an object and then placed the container inside of the Planned Parenthood building. He then quickly left the area on foot.
The complaint alleges that law enforcement, acting on several tips, linked the truck to Massengill and ultimately recovered the truck from an individual in Sparland, where Massengill had left it with a request to paint its doors white. After Massengill’s truck was seized, Massengill met with investigators at the Peoria Police Department on Jan. 24 and was taken into custody.
If convicted of the offense, Massengill faces a mandatory minimum sentence of imprisonment of at least five years and could receive up to 40 years in prison. The charges also carry up to three years of supervised release and a possible fine of up to $250,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Gregory K. Harris for the Central District of Illinois made the announcement.
The FBI Springfield Field Office, Peoria Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case, with assistance from the Peoria Fire Department.
Assistant U.S. Attorney Ronald L. Hanna for the Central District of Illinois and Trial Attorney Erin Monju 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.
A complaint is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
Virginia Family Sentenced for Conspiracy for Years-Long Forced Labor of Pakistani WomanRead the Press Release
A federal court in Richmond, Virginia, sentenced three defendants today for conspiracy to commit forced labor for compelling the domestic labor of a Pakistani woman for 12 years.
Zahida Aman, 80, was sentenced to 144 months in federal prison, Mohammed Rehan Chaudhri, 48, to 120 months in federal prison and Mohammad Nauman Chaudhri, 55, to 60 months in federal prison in the Eastern District of Virginia. Additionally, the Court ordered Aman and Rehan Chaudhri to pay the victim $250,000 in restitution for back wages and other financial losses she incurred as a result of the defendants’ criminal conduct.
Following a seven-day trial in May 2022, the jury convicted all of the defendants of conspiracy to commit forced labor, convicted two of the defendants of forced labor and convicted Aman of document servitude. Aman arranged for her son’s marriage to the victim in 2002, but even after the victim’s husband moved away from the home, the defendants kept the victim in their Virginia home to serve the extended family.
“These defendants callously exploited the victim’s vulnerabilities and brutally coerced her labor through physical violence and emotional abuse,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Human trafficking is an affront to human rights and to our nation’s core values. The Department of Justice is committed to vindicating the rights of survivors and bringing human traffickers to justice.”
“Human trafficking is a global issue that cannot be tackled alone,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI will remain committed to investigating all forms of human trafficking and work with our law enforcement partners in combatting the problem.”
According to the evidence presented in court, the defendants compelled the victim to serve the family as a domestic servant, using physical and verbal abuse, restricting communication with her family in Pakistan, confiscating her immigration documentation and money and eventually threatening to separate her from her children by deporting her to Pakistan. The defendants slapped, kicked and pushed the victim, even beat her with wooden board, and on one occasion hog-tied her hands and feet and dragged her down the stairs in front of her children. All of these coercive means were employed by the defendants to compel the victim’s labor in their home.
The evidence further showed that the defendants required the victim to work every day, beginning early each morning. They restricted her food, forbade her from learning to drive or speaking to anyone except the defendants’ family members and prohibited her from calling her family in Pakistan.
Assistant Attorney General Clarke, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
Assistant U.S. Attorneys Stephen Miller, Shea Gibbons and Heather Mansfield for the Eastern District of Virginia and Trial Attorney Leah Branch of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
Two Former Arkansas Sheriff's Deputies Charged with Federal Civil Rights Offenses for Using Excessive ForceRead the Press Release
The Justice Department announced today that a federal grand jury returned an indictment charging former Crawford County, Arkansas, Sheriff’s Deputies Levi White and Zackary King with federal civil rights offenses for using excessive force on a 27-year-old man during the arrest of that man at a gas station in Mulberry, Arkansas, on Aug. 21, 2022.
Specifically, count one of the indictment alleges that, while the arrestee was lying on the ground, White struck him multiple times. Count two of the indictment alleges that King struck the arrestee multiple times, also while the arrestee was lying on the ground. The indictment further alleges that the arrestee suffered bodily injury as a result of White and King’s actions.
If convicted, White and King face a maximum sentence of 10 years in prison for the excessive-force charge; both defendants also face up to 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 David Clay Fowlkes for the Western District of Arkansas and Special Agent in Charge James A. Dawson of the FBI Little Rock Field Office made the announcement.
The FBI Little Rock Field Office investigated the case.
Assistant U.S. Attorneys Dustin Roberts and Devon Still for the Western District of Arkansas and Trial Attorneys Anna Gotfryd and Michael J. Songer of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Defendants Indicted for Civil Rights Conspiracy and FACE Act Offenses Targeting Pregnancy Resource CentersRead the Press Release
Two Florida residents were indicted by a federal grand jury for spray-painting threats on reproductive health services facilities in the state.
The indictment, returned by a federal grand jury in the Middle District of Florida, alleges that Caleb Freestone, 27, and Amber Smith-Stewart, 23, engaged in a conspiracy to prevent employees of reproductive health services facilities from providing those services. According to the indictment, as part of the conspiracy, the defendants targeted pregnancy resource facilities and vandalized those facilities with spray-painted threats. According to the indictment, Freestone and Smith-Stewart, and other 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. The indictment further alleges that facilities in Hollywood, Florida, and Hialeah, Florida, were also targeted.
The indictment also alleges that 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 indictment further alleges that 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, 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.
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 Criminal Investigative Division made the announcement.
The FBI Tampa Field Office investigated the case, with assistance from the Miami Police Department.
Assistant U.S. Attorney Lisa Thelwell for the Middle District of Florida and Trial Attorneys Sanjay Patel and 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 allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mexican National Charged with International Cocaine and Methamphetamine Trafficking ConspiracyRead the Press Release
A federal grand jury in the District of Columbia returned an indictment today charging Antonio Oseguera Cervantes, aka Tony Montana, a Mexican national, with international cocaine and methamphetamine trafficking conspiracy.
According to court documents, Oseguera Cervantes, 64, of Michoacan, is charged with conspiracy to distribute cocaine and methamphetamine for importation into the United States and possessing a firearm in furtherance of a drug trafficking offense.
According to court documents, Oseguera Cervantes is the brother of Nemesio Oseguera Cervantes, aka Mencho, who is the leader of Cartel de Jalisco Nueva Generacion (CJNG). CJNG, which is based in the State of Jalisco in Mexico, is one of the largest, most dangerous, and prolific drug cartels in Mexico. CJNG is responsible for trafficking significant quantities of illegal drugs into the United States for profit and employing violence to further their objectives.
Oseguera Cervantes is charged with conspiracy to distribute five kilograms or more of cocaine and 500 grams or more of methamphetamine for importation into the United States from January 1998 until December 2022, and possession of a firearm in furtherance of a drug trafficking offense from January 2000 until December 2022. If convicted, he faces a mandatory minimum penalty of 15 years in prison.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and DEA Administrator Anne Milgram made the announcement.
The DEA Los Angeles Field Office is investigating the case.
Trial Attorneys Kate Naseef and Nhan Nguyen and Acting Assistant Deputy Chief Kaitlin Sahni of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. Additional information about OCDETF can be found at https://www.justice.gov/OCDETF.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Sues Google for Monopolizing Digital Advertising TechnologiesRead the Press Release
Today, the Justice Department, along with the Attorneys General of California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee, and Virginia, filed a civil antitrust suit against Google for monopolizing multiple digital advertising technology products in violation of Sections 1 and 2 of the Sherman Act.
Filed in the U.S. District Court for the Eastern District of Virginia, the complaint alleges that Google monopolizes key digital advertising technologies, collectively referred to as the “ad tech stack,” that website publishers depend on to sell ads and that advertisers rely on to buy ads and reach potential customers. Website publishers use ad tech tools to generate advertising revenue that supports the creation and maintenance of a vibrant open web, providing the public with unprecedented access to ideas, artistic expression, information, goods, and services. Through this monopolization lawsuit, the Justice Department and state Attorneys General seek to restore competition in these important markets and obtain equitable and monetary relief on behalf of the American public.
As alleged in the complaint, over the past 15 years, Google has engaged in a course of anticompetitive and exclusionary conduct that consisted of neutralizing or eliminating ad tech competitors through acquisitions; wielding its dominance across digital advertising markets to force more publishers and advertisers to use its products; and thwarting the ability to use competing products. In doing so, Google cemented its dominance in tools relied on by website publishers and online advertisers, as well as the digital advertising exchange that runs ad auctions.
“Today’s complaint alleges that Google has used anticompetitive, exclusionary, and unlawful conduct to eliminate or severely diminish any threat to its dominance over digital advertising technologies,” said Attorney General Merrick B. Garland. “No matter the industry and no matter the company, the Justice Department will vigorously enforce our antitrust laws to protect consumers, safeguard competition, and ensure economic fairness and opportunity for all.”
“The complaint filed today alleges a pervasive and systemic pattern of misconduct through which Google sought to consolidate market power and stave off free-market competition,” said Deputy Attorney General Lisa O. Monaco. “In pursuit of outsized profits, Google has caused great harm to online publishers and advertisers and American consumers. This lawsuit marks an important milestone in the Department’s efforts to hold big technology companies accountable for violations of the antitrust laws.”
“The Department’s landmark action against Google underscores our commitment to fighting the abuse of market power,” said Associate Attorney General Vanita Gupta. “We allege that Google has captured publishers’ revenue for its own profits and punished publishers who sought out alternatives. Those actions have weakened the free and open internet and increased advertising costs for businesses and for the United States government, including for our military.”
“Today’s lawsuit seeks to hold Google to account for its longstanding monopolies in digital advertising technologies that content creators use to sell ads and advertisers use to buy ads on the open internet,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Our complaint sets forth detailed allegations explaining how Google engaged in 15 years of sustained conduct that had — and continues to have — the effect of driving out rivals, diminishing competition, inflating advertising costs, reducing revenues for news publishers and content creators, snuffing out innovation, and harming the exchange of information and ideas in the public sphere.”
Google now controls the digital tool that nearly every major website publisher uses to sell ads on their websites (publisher ad server); it controls the dominant advertiser tool that helps millions of large and small advertisers buy ad inventory (advertiser ad network); and it controls the largest advertising exchange (ad exchange), a technology that runs real-time auctions to match buyers and sellers of online advertising.
Image description: Graphic of digital advertising market. The digital advertising market is divided into three sections: sell-side inventory on the left, buy-side demand on the right, and an ad exchange in the middle. Sell-side inventory is made up of website publishers that that flow to Google’s “DoubleClick for Publishers” Publisher Ad Server, which has >90% of market share. Google AdExchange, which is greater than or equal to 50% of the ad exchange market share, receives bid requests from the publisher ad server, sends them to the buy-side demand, receives bid responses from the buy side demand and sends them back to the publisher ad server. Buy-side demand is made up of advertisers that flow to either: “Google Ads” Advertiser Ad Network (Small and Large Advertisers) which has +/- 80% market share; or Google’s “Display & Video 360” Demand Side Platform (DSP) Agencies/Large Advertisers which has +/-40% share.Google’s anticompetitive conduct has included:
- Acquiring Competitors: Engaging in a pattern of acquisitions to obtain control over key digital advertising tools used by website publishers to sell advertising space;
- Forcing Adoption of Google’s Tools: Locking in website publishers to its newly-acquired tools by restricting its unique, must-have advertiser demand to its ad exchange, and in turn, conditioning effective real-time access to its ad exchange on the use of its publisher ad server;
- Distorting Auction Competition: Limiting real-time bidding on publisher inventory to its ad exchange, and impeding rival ad exchanges’ ability to compete on the same terms as Google’s ad exchange; and
- Auction Manipulation: Manipulating auction mechanics across several of its products to insulate Google from competition, deprive rivals of scale, and halt the rise of rival technologies.
As a result of its illegal monopoly, and by its own estimates, Google pockets on average more than 30% of the advertising dollars that flow through its digital advertising technology products; for some transactions and for certain publishers and advertisers, it takes far more. Google’s anticompetitive conduct has suppressed alternative technologies, hindering their adoption by publishers, advertisers, and rivals.
The Sherman Act embodies America’s enduring commitment to the competitive process and economic liberty. For over a century, the Department has enforced the antitrust laws against unlawful monopolists to unfetter markets and restore competition. To redress Google’s anticompetitive conduct, the Department seeks both equitable relief on behalf of the American public as well as treble damages for losses sustained by federal government agencies that overpaid for web display advertising. This enforcement action marks the first monopolization case in approximately half a century in which the Department has sought damages for a civil antitrust violation.
In 2020, the Justice Department filed a civil antitrust suit against Google for monopolizing search and search advertising, which are different markets from the digital advertising technology markets at issue in the lawsuit filed today. The Google search litigation is scheduled for trial in September 2023.
Google is a limited liability company organized and existing under the laws of the State of Delaware, with a headquarters in Mountain View, California. Google’s global network business generated approximately $31.7 billion in revenues in 2021. Google is owned by Alphabet Inc., a publicly traded company incorporated and existing under the laws of the State of Delaware and headquartered in Mountain View, California.
Justice Department Seeks to Shut Down Louisiana Tax PreparerRead the Press Release
The United States filed a complaint in the U.S. District Court for the Middle District of Louisiana seeking to bar a Louisiana tax return preparer and her business from assisting in the preparing of federal income tax returns for others.
The complaint alleges that Whylithia R. Robinson prepared and filed 2,629 federal income tax returns for customers though AAA Tax Service from 2019–2021. According to the complaint, Robinson displayed a pattern of filing tax returns during this period that understated the customer’s tax liabilities and overstated tax refunds by fabricating business losses, claiming false charitable donations, and/or falsely claiming education credits for customers who were not entitled to them.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the 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.
Genesee & Wyoming Railroad Services Inc. to Address Clean Air Act Violations in Settlement with United StatesRead the Press Release
Today, the U.S. Environmental Protection Agency (EPA) and the Department of Justice announced a settlement with Genesee & Wyoming Railroad Services Inc. and numerous affiliated companies (collectively, GWRSI) for violation of Clean Air Act (CAA) locomotive regulations. The complaint, also filed today, alleges that GWRSI’s locomotives with rebuilt engines failed to meet applicable EPA emission standards, and that GWRSI did not perform required emissions-related maintenance or keep records of maintenance performed.
The locomotives at issue in this settlement burn diesel fuel which produces significant emissions of nitrogen oxides (NOx) and fine particulate matter. NOx is a contributor to the formation of summer ozone, and particulate matter smaller than 2.5 microns has been shown to cause lung damage and cancer. GWRSI estimates that the company will spend approximately $42 million to comply with consent decree requirements which will reduce NOx emissions from its locomotives by approximately 469 tons per year and particulate matter emissions by 14 tons per year.
“By requiring locomotives to follow emissions standards, and requiring dozens of older, higher-polluting locomotives to be scrapped altogether, this consent decree reduces health threats from air pollution nationwide, particularly in those communities that live along railroad corridors,” said Assistant Attorney General Todd Kim of the Environment and Natural Resources Division.
“Today’s settlement requires GWRSI to bring its fleet of locomotives into compliance with Clean Air Act pollution control requirements,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “The settlement is expected to reduce tons of nitrogen oxide and particulate matter pollution and improve air quality where their trains operate.”
Due to cost and other considerations, locomotives and their engines are typically rebuilt (or remanufactured) multiple times during their operational lives. EPA regulations require that rebuilt locomotive engines use the latest technology (for that model year locomotive) to reduce emissions. The consent decree requires GWRSI to comply with this requirement for rebuilt engines and take steps to ensure that it does not purchase or sell locomotives that have been rebuilt without conforming to applicable emissions standards. It also requires that GWRSI timely perform critical emissions-related maintenance. To mitigate excess pollutants associated with the alleged violations, the settlement requires GWRSI to remove from service and permanently destroy 88 older locomotive that are not required to meet any EPA emission standards. GWRSI has further agreed that it will replace any locomotive it has scrapped only with locomotives subject to, and meeting, EPA emission standards. The consent decree also requires GWRSI to pay a $1.35 million civil penalty.
The consent decree, lodged in the U.S. District Court for the District of Delaware, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at www.justice.gov/enrd/consent-decrees.
Colorado Businessman Pleads Guilty to Tax EvasionRead the Press Release
A Colorado man pleaded guilty today to attempting to evade the payment of more than $700,000 in employment taxes owed to the IRS.
According to court documents, Frank Stevens, of Bow Mar, co-owned restaurants and an oil production business, which had employees from whose paychecks he withheld income taxes and Social Security and Medicare taxes. From at least 2002 and continuing for many years, Stevens did not pay over the withheld payroll taxes to the IRS or file the required payroll tax returns for his businesses. In an effort to prevent the IRS from collecting the taxes he owed through bank levies, Stevens kept the balances of his personal and business bank accounts low, often leaving them with only $0.01. To do so, Stevens, or an employee acting at his direction, transferred just enough funds to cover expenses and then transferred any remaining money to a bank account not subject to IRS levy. In total, the defendant caused a tax loss of approximately $737,128.
Stevens is scheduled to be sentenced on June 13, 2023, and faces a maximum penalty of five years in prison. Defendant also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Peter J. Anthony and Julia M. Rugg of the Justice Department’s Tax Division are prosecuting the case.
City and County of Honolulu Agree to Improve Paratransit for People with DisabilitiesRead the Press Release
The Justice Department announced today that it entered into a settlement agreement with the City and County of Honolulu (Honolulu) under Title II of the Americans with Disabilities Act (ADA) to improve its paratransit.
Title II of the ADA requires that cities and counties, including Honolulu, that provide bus or rail service, also provide paratransit. Paratransit is a public service where individuals who are unable to use the regular bus or rail transit system because of a physical or mental impairment schedule a trip to be picked up (at home, for example) and dropped off at their destination. Reserving rides is a key aspect to paratransit.
“Ensuring easy access to booking paratransit is required by the Americans with Disabilities Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will allow users to reserve and use paratransit in Honolulu. The Justice Department is committed to ending discriminatory practices in paratransit, because accessible transportation is critical to independence and engagement in civic life.”
The agreement resolves complaints that customers of Honolulu’s paratransit service, TheHandi-Van, who called to make or change reservations for rides, had very long telephone hold times or did not have their calls answered. Under the agreement, Honolulu will take immediate steps to lessen hold times and within three years will answer 95% of calls to TheHandi-Van within three minutes and 99% of calls within five minutes. Honolulu will also provide regular reports to the department on its progress under the agreement.
This matter was prosecuted by the Civil Rights Division’s Disability Rights Section.
The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, please visit the ADA website at http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint/.
U.S. Marshals Arrested More Than 75,000 Fugitives in 2022Read the Press Release
The U.S. Marshals Service (USMS) arrested 75,846 fugitives (28,324 on federal and 47,522 on state and local warrants) in Fiscal Year 2022. On average, the agency arrested 303 fugitives per day (based on 250 operational days).
That number breaks down as follows:
- Sex offenders – 9,911 (Sex offenses include sexual assault, failure to register/noncompliance with the national sex offender registry and other offenses.)
- Gang members – 5,189
- Homicide suspects – 5,759
- International/foreign fugitives – 1,496 (A foreign fugitive is wanted by a foreign nation and believed to be in the United States.)
- Organized Crime Drug Enforcement Task Forces Program fugitives – 986 (OCDETF cases combine the resources and expertise of numerous federal agencies to target drug trafficking and money laundering organizations.)
- Adam Walsh Child Protection and Safety Act violations – 248 (AWA categorizes sex offenders into a three-tiered system based on the crime committed and requires offenders to maintain their registration information accordingly. For example, Tier 3 offenders – the most serious – must update their whereabouts every three months with lifetime registration requirements.)
- “15 Most Wanted” fugitives – 2
Additionally, the USMS seized more than 6,200 firearms during numerous violence reduction and counter gang operations in FY22.
In July 2022, USMS conducted a fugitive apprehension initiative aimed at combating violent crime in 10 cities with a significant number of homicides and shootings. Using its broad arrest authority and network of partners, USMS focused on the most dangerous criminals causing the most harm in those cities. This 30-day initiative, called Operation North Star, resulted in the arrest of 1,501 individuals, including 230 wanted for homicide and 131 for sexual assault, in Baltimore, Chicago, Houston, Indianapolis, Los Angeles, Memphis, New Orleans, New York City, Philadelphia and Washington, D.C. These efforts have contributed to the notable violence reduction accomplishments of our local law enforcement partners and communities in the 10 cities.
“Across the country, neighborhoods are safer because the U.S. Marshals Service apprehended 300 dangerous fugitives nearly every day in 2022,” said Deputy Attorney General Lisa O. Monaco. “Together with our state and local law enforcement partners, U.S. Marshals upheld the rule of law.”
“I wish to thank the extraordinary women and men of the U.S. Marshals Service, as well as our state and local partners for their tireless work to make our communities safe,” said U.S. Marshals Service Director Ronald Davis. “The impact of these arrests goes beyond contributing to statistics. Every fugitive arrested for a violent offense, helps support violence reduction and brings justice to families impacted by that violence.”
Total fugitives cleared: 95,425
- State and local warrants – 61,161
- Federal warrants – 34,264
The number of warrants cleared nearly always exceeds the number of arrests in a given year because fugitives are often wanted on numerous warrants, and a single arrest can clear them all at once.
The USMS has a long history of providing assistance and expertise to other federal, state and local law enforcement agencies in support of their fugitive investigations. The USMS leads 56 fugitive task forces (representing more than 1,500 law enforcement agencies) throughout the United States and eight regional fugitive task forces. Staffed by federal, state and local law enforcement agencies, USMS-led task forces target the most dangerous fugitives.
Notable Arrests in FY2022
On Feb. 23, 2022, the USMS Florida Caribbean Regional Fugitive Task Force arrested 15 Most Wanted fugitive Nyjell Outler, alleged to have shot one man and killed another while attending a gender reveal party March 20, 2021, in Washington, D.C. At the time of the shooting, Outler wore an ankle monitor and was on pre-trial release for a gun charge involving an AK-47 style rifle.
On May 9, 2022, a multi-state, USMS-led manhunt for escaped Alabama prisoner Casey White and his alleged accomplice Vicky White culminated in his arrest in Indiana. USMS investigators used their network of state and local partnerships and expertise to track the couple and bring the fugitive to justice once again. The 11-day ordeal garnered significant national media coverage and highlighted the fugitive investigative prowess of USMS.
On Aug. 30, 2022, USMS 15 Most Wanted fugitive Raymond McLeod, 37, wanted by the San Diego Police Department for the 2016 murder of 30-year-old Krystal Mitchell, was taken into custody by El Salvadoran law enforcement authorities without incident. McLeod confirmed his identity to members of the U.S. Marshals team and members of the U.S. Embassy, who were on the ground with the El Salvadoran local and national police when they took him into custody. Authorities had received a tip that McLeod had been teaching English at a school in Sonsonate.
Finding Missing Children
In May 2015, the Justice for Victims of Trafficking Act was passed and clarified the USMS’ discretionary authority to support law enforcement requests for assistance on any missing child cases. As such, the USMS assists state, local and other federal law enforcement agencies, upon request, in locating and recovering missing children, while focusing agency resources on “critically missing child” cases – those that involve a suspected crime of violence or where factors are identified by law enforcement that indicates an elevated risk to a missing child. In FY 2022, the USMS assisted in the location or recovery of 424 missing children. Since the passage of the JVTA, the USMS has contributed to the location or recovery of more than 2,700 missing children.
Readout of Meeting between the Department of Justice and the Central Bureau of Investigation of IndiaRead the Press Release
Deputy Assistant Attorney General Arun G. Rao of the Department of Justice Civil Division’s Consumer Protection Branch, together with colleagues from the Consumer Protection Branch and the FBI, met last week with Central Bureau of Investigation (CBI) officials in New Delhi to discuss deepening and expanding efforts to combat cyber-enabled financial crimes and transnational call center fraud, a shared law enforcement priority.
In their meetings, the parties highlighted the continued strengthening of cooperation in combating these types of crimes that has occurred since their last meeting in October 2021, including successful efforts to secure the testimony of U.S. victims of call center fraud for use in enforcement proceedings against the alleged perpetrators in India, as well as the seizure of evidence and arrests of individuals in India allegedly involved in cyber-enabled financial crimes and global telemarketing frauds and identified, in part, through information provided with the assistance of U.S. law enforcement.
The parties reaffirmed their mutual commitment to continued cooperation in addressing dynamic and evolving technology-based crimes by building upon the experience gained through recent efforts and further refining processes for the exchange of information, in order to ensure the safety of citizens of both the United States and India.
Officials from the Justice Department's Civil Division, FBI, and India's Central Bureau of Investigation meet in New Dehli. Left to right: Dawn Rizzo (Assistant Legal Attaché, FBI); Richard Goldberg (Deputy Director, Department of Justice, Consumer Protection Branch); Jason Feldman (Trial Attorney, Department of Justice, Consumer Protection Branch); Kevin Gallagher (Supervisory Special Agent, FBI, Washington Field Office); Suhel Daud (Legal Attaché, FBI); CBI official; Arun Rao (Deputy Assistant Attorney General, Department of Justice, Civil Division); Rachel Yurkovich (Management and Program Analyst, FBI); Lovjit Curran (Assistant Legal Attaché, FBI); Ronald Miller (Special Agent, FBI, Washington Field Office)Readout of Deputy Attorney General Lisa Monaco’s Trip to Florida and GeorgiaRead the Press Release
Late last week, Deputy Attorney General (Deputy AG) Lisa Monaco was in Florida and Georgia to showcase how the Department of Justice is using intelligence and technology-driven methods to reduce violent crime, protect our communities, and prepare the next generation of law enforcement leaders.
In Jacksonville, Florida, the Deputy AG visited the ATF’s Crime Gun Intelligence Center (CGIC). She was accompanied by Director Steve Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for a roundtable discussion with state, local, and federal law enforcement leaders whose agencies contribute to and benefit from the CGIC’s real-time intelligence. The Jacksonville CGIC is a nationwide leader in using crime gun intelligence to identify the most violent criminals and take shooters off the streets.
While in Jacksonville, Deputy AG Monaco also visited the U.S. Attorney’s Office for the Middle District of Florida, where she met with U.S. Attorney Roger B. Handberg and his leadership team, held an “all-hands” meeting with all district personnel, and was briefed on the district’s ongoing casework and community outreach.
The Deputy AG spent Friday at the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia, visiting with new trainees for the ATF and U.S. Marshals Service (USMS). She delivered remarks to the ATF’s 238th graduating class and reiterated that “now, more than ever, the ATF represents modern policing at its best” through its innovative use of technology — such as the ATF’s newly created Emerging Threats Unit (ETU) to target new technologies that threaten public safety — and through the investments it has made in crime gun intelligence with its National Integrated Ballistic Information Network.
Before they swore their oath of office, the Deputy AG told the new Special Agents that:
“Your job is now the core mission of the Department of Justice: to keep our country safe, uphold the rule of law, and protect civil rights. The professionals of ATF come from diverse backgrounds, but you have one thing in common — you are dedicated to protecting the public.”
Deputy AG Monaco also spent time with the graduates and their families and observed demonstrations of the arson and explosives investigative techniques that ATF Special Agents learn during their specialized training.
The Deputy AG met with Deputy U.S. Marshal candidates and observed various tactical exercises, including on the use of force and firearms techniques. She saw firsthand how Deputy U.S. Marshals train to protect the judiciary and apprehend the most dangerous fugitives, all while upholding the rule of law nationwide.
Finally, the Deputy AG met with leadership from the Department of Homeland Security, which manages FLETC, to thank them for their continued commitment to excellence in law enforcement.
Law enforcement roundtable at the ATF CGIC Demonstrations of the arson and explosives investigative techniques that ATF Special Agents learn during their specialized training Deputy Attorney General Monaco meeting with Deputy U.S. Marshal candidates Observing various tactical exercises by the U.S. MarshalsJustice Department Commemorates National Stalking Awareness MonthRead the Press Release
The Justice Department joins survivors, victim services providers, justice professionals and others in recognizing the month of January as National Stalking Awareness Month (NSAM). According to the CDC, an estimated one in three women and one in six men experience stalking in their lifetimes. This NSAM, the department reaffirms its commitment to survivors by honoring and providing resources to those leading efforts in supporting survivors and preventing stalking crimes.
Today the Office on Violence Against Women (OVW), which provides grants to communities, and the Stalking Prevention Awareness and Resource Center (SPARC), held a virtual Strategies Showcase highlighting OVW grantees’ promising approaches to stalking investigations, services for survivors and training for law enforcement and prosecutors.
“The Justice Department is committed to using all its tools to address stalking,” said Associate Attorney General Vanita Gupta. “Survivors need justice and safety, and communities require resources to respond and prevent this crime. OVW’s grantees play a critical role, providing essential services and justice solutions in their communities.”
With the prolific misuse of the internet and other forms of technology as weapons against stalking victims, today’s Strategies Showcase further emphasizes the White House’s priority to eradicate technology-facilitated violence. Last June, President Biden established the White House Task Force to Address Online Harassment and Abuse, an interagency effort to increase prevention, response and protection measures for survivors.
OVW will release new grant solicitations in the coming months to further address stalking, domestic violence, sexual assault and dating violence. Funds will support states, communities, institutions of higher education, tribes and victim service providers. OVW encourages applicants to visit the website for anticipated release dates and prepare their grants early. Additional resources for applicants and how to apply for OVW funding can be found on OVW’s website.
“OVW’s grant programs fund innovative and successful strategies to end stalking and other forms of gender-based violence,” said OVW Acting Director Allison Randall. “By encouraging a coordinated community response, these grant programs forge meaningful partnerships of on-the-ground service providers, culturally specific organizations and everyone who works daily to keep survivors safe.”
Created in 1995, OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of VAWA and subsequent legislation. OVW administers financial and technical assistance to communities across the country that are developing programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
The OVW-funded Stalking Prevention, Awareness & Resource Center (SPARC) offers training to service providers and justice professionals on keeping stalking survivors safe and holding offenders accountable.
DePuy Synthes, Inc. Agrees to Pay $9.75 Million to Settle Allegations Concerning Kickbacks Paid to Massachusetts Orthopedic SurgeonRead the Press Release
Medical device manufacturer DePuy Synthes, Inc. (DePuy), a subsidiary of Johnson & Johnson, has agreed to pay $9.75 million to resolve allegations it violated the False Claims Act by paying kickbacks to an orthopedic surgeon based in Massachusetts to induce his use of DePuy products.
The settlement announced today resolves allegations that DePuy violated the Anti-Kickback Statute (AKS) and caused the submission of false or fraudulent claims to Medicare by paying the orthopedic surgeon kickbacks in the form of free spinal implants and tools for use in surgeries that the surgeon performed overseas to induce that surgeon to use DePuy products in surgeries performed in the United States. As part of the settlement, DePuy has admitted that from at least July 2013 through February 2018, DePuy, acting through certain former sales representatives, gave the Massachusetts surgeon thousands of dollars’ worth of free DePuy implants and instruments, including cages, rods, screws, plates, and surgical instrumentation, that the surgeon used to perform surgeries overseas for patients who were not federal health care beneficiaries. Of the $9.75 million to be paid by DePuy, approximately $7.23 million will be returned to the federal government, and approximately $2.52 million will be returned to Massachusetts, which jointly funded claims for surgeries involving DePuy devices that were submitted to the Massachusetts Medicaid program.
The AKS prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare and other federally funded programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
“Medical device manufacturers are prohibited from providing free items to induce a physician to use their devices,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “When medical devices are used in surgical procedures, patients deserve to know that their device was chosen based on quality of care considerations and not on improper inducements from manufacturers.”
“Today the United States resolves allegations that DePuy provided over $100,000 worth of free product to a surgeon in order to secure and reward that physician’s continued business,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “Unlawful kickbacks can severely distort medical judgment as well as the market for medical devices. The millions of patients that depend on our health care system deserve untainted medical decisions. This settlement reflects our commitment to stamping out illegal kickbacks.”
“The American people, as both taxpayers and consumers, expect medical device manufacturers like DePuy to abide by relevant laws and regulations. When such health care companies provide illegal kickbacks in order to boost profits, their actions erode public confidence in the health care system, can compromise the patient-physician relationship, and waste government health program funding,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “In close cooperation with our law enforcement partners, we will continue to thoroughly investigate allegations of fraud to protect both federal health care programs and those served by them.”
“Today’s settlement makes it crystal clear that it is illegal for medical device companies to provide physicians with free medical products to win business and boost their bottom line through illegal kickback schemes,” said Special Agent in Charge Joseph R. Bonavolonta of the FBI Boston Division. “Every year, health care fraud costs taxpayers billions of dollars. It is not a victimless crime and this unscrupulous scheme orchestrated by DePuy is just one example of how the FBI and our partners are working hard every day to protect both patients and taxpayers.”
The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Aleksej Gusakovs, who is a former sales representative for DePuy. Under those provisions, private parties, known as relators, can file an action on behalf of the United States and receive a portion of the recovery. The qui tam case is captioned United States et al. ex rel. John Doe v. Johnson & Johnson, et al., No. 17-cv-11502 (D. Mass.). As part of today’s resolution, Gusakovs will receive approximately $1.37 million.
The settlement was a result of a coordinated effort between the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the District of Massachusetts. The HHS-OIG provided investigative support.
The government’s pursuit of these matters illustrates the government’s emphasis on combating health care 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 Senior Trial Counsel Benjamin C. Wei of the Civil Division and Assistant U.S. Attorneys Jessica Weber and Andrew Caffrey for the District of Massachusetts.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Chicago Man Convicted of Participating in Illegal Kickback ConspiracyRead the Press Release
UPDATE
The defendant’s conviction was overturned pursuant to a decision by the Seventh Circuit, and he was acquitted on all counts.
A federal jury in the Northern District of Illinois convicted a Chicago man yesterday for participating in a conspiracy to pay approximately $25 million in illegal kickbacks to generate business for his durable medical equipment pharmacy.
According to evidence presented at trial, Mark Sorensen, 53, worked at Symed, a Chicago pharmacy that paid illegal kickbacks to obtain patients to bill to Medicare, TRICARE, and the Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Between 2015 and 2018, Sorensen illegally bought patient leads from Bernie Perconti. Perconti obtained the leads from others, including Christine Anderson and Craig O’Neil. Without the involvement of the Symed, the conspirators could not have submitted claims to obtain reimbursement from Medicare or other federal health care benefit programs. Perconti, O’Neil, and Anderson each pleaded guilty to conspiracy to pay and receive kickbacks in 2019, July 2020, and January 2021, respectively, and are scheduled to be sentenced at a later date.
Sorensen was convicted of one count of conspiracy and three counts of payment of illegal kickbacks. He faces a maximum penalty of five years in prison on each count of conviction. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge Robert W. ‘Wes’ Wheeler Jr. of the FBI Chicago Field Office; Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Irene Lindow of the Department of Labor Office of Inspector General (DOL-OIG), Chicago Region; and Special Agent in Charge Darrin Jones of the Department of Defense Office of Inspector General (DOD-OIG) made the announcement.
The FBI, HHS-OIG, DOL-OIG, and DOD-OIG investigated the case.
Assistant Chiefs Leslie S. Garthwaite and Daniel J. Griffin of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 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.
تحسم وزارة العدل مسألة الوصول إلى اللغة المتعلقة بمحكمة لويزيانا العلياRead the Press Release
ملحوظة: هذا البيان الصحفي مترجم إلى لغات مختلفة. انظر المرفقات الواردة أدناه.
أصدرت وزارة العدل اليوم قرارًا في مسألة تتعلق بالمحكمة العُليا في لويزيانا (Louisiana Supreme Court, LASC) بناءً على الإجراءات التي اتخذتها LASC لتحسين إمكانية الوصول إلى الإجراءات والعمليات القضائية في الولاية للأفراد ذوي الكفاءة المحدودة في اللغة الإنجليزية (limited English proficiency, LEP).
في مايو 2019، أبرمت وزارة العدل ومذكرة اتفاق LASC (Memorandum of Agreement, MOA) لمعالجة شكوى بموجب الباب السادس من قانون الحقوق المدنية لعام 1964 (Title VI of the Civil Rights Act of 1964, Title VI). وTitle VI هو قانون فيدرالي يحظر ممارسة التمييز على أساس العرق واللون والأصل القومي من جانب أي جهات متلقية للمساعدة المالية الفيدرالية، ويشمل ذلك محاكم الولايات. ومنذ توقيع MOA، اتخذت LASC عددًا من الإجراءات التصحيحية لتحسين وصول LEP من المتعاملين مع المحاكم في جميع أنحاء ولاية لويزيانا.
وصرّحت كريستين كلارك، مساعدة المدعي العام لـ Civil Rights Division (دائرة الحقوق المدنية) بوزارة العدل، قائلة: "يجب أن تضمن المحاكم في جميع أنحاء بلادنا أن بابها مفتوح للجميع، ومنهم الأفراد ذوو الكفاءة المحدودة في اللغة الإنجليزية". وواصلت قائلة: "سنواصل عملنا للتأكد من أن أنظمة المحاكم، ومنها المحكمة العُليا في لويزيانا LASC، لديها السياسات والممارسات والمترجمين الشفويين والموارد الأخرى اللازمة لضمان توفير إمكانية اللجوء إلى القضاء للأفراد ذوي الكفاءة المحدودة في اللغة الإنجليزية".
وكذلك علّق دوان إيه إيفان، وكيل وزارة العدل بالولايات المتحدة للمنطقة الشرقية من ولاية لويزيانا، قائلًا: "أثبتت المحكمة العُليا في لويزيانا LASC، بالإجراءات التي اتخذتها، التزامًا بضمان توفير إمكانية الوصول إلى محاكم الولاية في لويزيانا لـ LEP". وأضاف قائلًا: "يلتزم مكتبي بالتصدي لجميع أشكال التمييز، ويشمل ذلك التمييز ضد LEP".
من الجدير بالذكر أن LASC اتخذت عددًا من الإجراءات لإعداد برنامج تواصل لغوي وتنفيذه، وتوسيع نطاق توافر خدمات المساعدة اللغوية المجانية لـ LEP في ولاية لويزيانا. وأنشأت LASC Office of Language Access (مكتب التواصل اللغوي) واعتمدت Language Access Plan (خطة التواصل اللغوي) الأولى لمحاكم ولاية لويزيانا. وكذلك أنشأت LASC نظامًا لشكاوى التواصل اللغوي مركزيًا بالإضافة إلى توفير نموذج شكوى عبر الإنترنت بعدة لغات غير الإنجليزية. وبالنسبة لموظفي المحاكم، أعدت LASC برامج تدريبية بشأن التواصل اللغوي، وأيضًا بطاقة معلومات قضائية تركز على إمكانية الوصول إلى المترجمين الشفويين لدى المحكمة، وغيرها من موارد التواصل اللغوي. وعلاوة على ذلك، نجحت LASC في الدعوة إلى تغيير قانون الولاية الذي سمح للمحاكم بفرض رسوم على LEP مقابل تكلفة توفير مترجم شفوي، ثم تبنت قواعد جديدة للمحاكم بناءً على هذا التغيير في قانون الولاية.
تعاونت Civil Rights Division (دائرة الحقوق المدنية) بوزارة العدل ومكتب وكيل وزارة العدل بالولايات المتحدة للمنطقة الشرقية من ولاية لويزيانا في بحث هذه المسألة. وتتوفر معلومات إضافية عن Civil Rights Division على موقعها الإلكتروني على هذا الرابط www.justice.gov/crt، كما تتوفر معلومات عن الكفاءة المحدودة في اللغة الإنجليزية LEP وTitle VI على www.lep.gov. ويمكن لأفراد الجمهور الإبلاغ عن انتهاكات الحقوق المدنية المحتملة على https://civilrights.justice.gov/report/.
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New York Man Sentenced in Fraudulent Prize Notice Mail Fraud SchemeRead the Press Release
A Queens man was sentenced for participating in a scheme to mail fraudulent prize notices that tricked consumers into paying fees for falsely promised cash prizes.
Scott Gammon, 48, of Broad Channel, New York, was sentenced today to 36 months in prison, followed by two years of supervised release. The sentence was imposed by U.S. District Judge Joan M. Azrack, who also ordered Gammon to forfeit $139,611.97.
According to court documents, from August 2014 through August 2019, Gammon engaged in a direct-mail scheme that sent fraudulent prize notification mailings to thousands of consumers. The mailings induced consumers to pay a fee, purportedly in return for a large cash prize. None of the consumers who sent a fee ever received such a prize.
“Participants in fraud schemes face the prospect of federal prison,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice is committed to protecting elderly and vulnerable Americans and to prosecuting individuals who engage in such schemes.”
“Financially exploiting the elderly and other victims through fraudulent prize schemes is a form of abuse and deserving of punishment as today’s sentence demonstrates,” said U.S. Attorney Breon Peace for the Eastern District of New York. “A term in prison should deter others from preying on the vulnerable.”
“Today’s sentencing brings to a close the investigation of Mr. Gammon, who devised a fake prize promotion scheme designed to defraud older Americans and steal from those who believed they had won a prize,” said Inspector in Charge Daniel B. Brubaker of the U.S. Postal Inspection Service (USPIS) New York Division. “Unfortunately, for those who participated, they realized too late that they had been swindled. When a prize did not materialize, and their money was not returned, they became victims. Postal Inspectors remind consumers to be ever vigilant and play an active role in protecting their money. If you’re asked to pay for a prize you didn’t enter to win, it’s a scam.”
Two other defendants also pleaded guilty to conspiracy to commit mail fraud for participating in the scheme. Christopher King, 37, of Oceanside, New York, and Natasha Khan, 39, of Elmont, New York, are scheduled to be sentenced at a later date.
The USPIS investigated the case.
Trial Attorneys Daniel Zytnick and Timothy Finley of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Charles P. Kelly for the Eastern District of New York are prosecuting the case. Assistant U.S. Attorney Tanisha Payne for the Eastern District of New York's Asset Recovery Section is handling forfeiture matters.
The department’s extensive and broad-based efforts to combat elder fraud seek to halt the widespread losses seniors suffer from fraud schemes. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud, and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. ET. English, Spanish and other languages are available.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice.
Le ministère de la Justice résout la question d'accès linguistique concernant la Cour suprême de LouisianeRead the Press Release
Note : Ce communiqué de presse a été traduit dans différentes langues. Voir les pièces jointes ci-dessous.
Le Ministère de la Justice a annoncé aujourd’hui la résolution d’une affaire impliquant le Tribunal suprême de Louisiane (Louisiana Supreme Court, LASC) en se fondant sur les actions prises par le LASC pour améliorer l’accès aux procédures et opérations judiciaires des tribunaux d’État pour les personnes ayant une connaissance limitée de l’anglais (limited English proficiency, LEP).
En mai 2019, le Ministère de la Justice et le LASC avaient passé un Mémorandum d'accord (Memorandum of Agreement, MOA) dans le cadre d’une plainte déposée en vertu du chapitre VI de la Loi sur les droits civils de 1964 (Title VI of the Civil Rights Act, Title VI). Title VI est une loi fédérale qui interdit toute discrimination basée sur la race, la couleur, et l’origine nationale à tous les bénéficiaires d’une aide financière fédérale, y compris les tribunaux d’État. Depuis la signature du MOA, la LASC a pris un certain nombre de mesures correctives pour améliorer l’accès des usagers LEP des tribunaux dans toute la Louisiane.
« Les tribunaux de l’ensemble de notre pays doivent veiller à ce que leurs portes soient ouvertes à tous, y compris aux personnes ayant une connaissance limitée de l’anglais, » a déclaré Kristen Clarke, procureure générale adjointe du Département des droits civils du Ministère de la Justice. « Nous continuerons à travailler pour nous assurer que les tribunaux, tels que le Tribunal suprême de Louisiane, disposent des politiques, pratiques, interprètes et autres ressources indispensables pour garantir l’accès à la justice des personnes ayant une connaissance limitée de l’anglais. »
« Par ses actions, le Tribunal suprême de Louisiane a montré son engagement en faveur de l’accès aux tribunaux d’État de Louisiane des personnes LEP, » a affirmé Duane A. Evans, procureur des États-Unis pour le district est de la Louisiane. « Mon bureau s’engage à combattre toutes les formes de discrimination, y compris la discrimination à l’encontre des personnes LEP. »
Le LASC a pris un certain nombre de mesures pour élaborer et mettre en place un programme d’accès linguistique et pour élargir la disponibilité des services d’assistance linguistique pour les personnes LEP en Louisiane. Le LASC a établi un Office of Language Access (Bureau d’accès linguistique) et adopté le premier Language Access Plan (plan d’accès linguistique) pour les tribunaux de Louisiane. Le LASC a également créé et centralisé un système de plainte concernant l’accès linguistique avec un formulaire de plainte en ligne en plusieurs langues autres que l’anglais. Pour le personnel des tribunaux, le LASC a développé des programmes de formation sur l’accès linguistique, des directives axées sur l’accès aux interprètes judiciaires et d’autres ressources en matière d’accès linguistique. Par ailleurs, le LASC a milité avec succès en faveur de la modification d’une loi d’État qui autorisait les tribunaux à facturer aux personnes LEP le coût d’un interprète, puis a adopté un nouveau règlement du tribunal fondé sur ce changement de législation de l’État.
Cette affaire a été menée conjointement par la Civil Rights Division (Département des droits civils) du Ministère de la Justice et le Bureau du procureur des États-Unis du district est de la Louisiane. Des informations complémentaires sur la Civil Rights Division sont disponibles sur son site Web à l’adresse www.justice.gov/crt et des ressources sur la connaissance limitée de l’anglais et le Title VI sont disponibles à l’adresse www.lep.gov. Les citoyens peuvent signaler toute éventuelle violation des droits civils à l’adresse https://civilrights.justice.gov/report/.
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Justice Department Secures Agreement with Minnesota Staffing Agency to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
Note: View the Spanish release here.
The Justice Department announced today that it has reached a settlement agreement with Corp IV Holdings Inc., doing business as Masterson Staffing Solutions (Masterson Staffing), a staffing company based in Minnesota. The agreement resolves the department’s determination that Masterson Staffing violated the Immigration and Nationality Act (INA) by routinely discriminating against its non-U.S. citizen workers when checking their permission to work in the United States.
“When employees present legally acceptable documentation to demonstrate their permission to work, employers cannot demand different or additional documents because of the employees’ citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue the important work of ensuring that workers do not face unlawful barriers to employment.”
Under the terms of the agreement, Masterson Staffing will pay a civil penalty of $250,000 to the United States, and make $100,000 available for a back pay fund to compensate victims of Masterson Staffing’s alleged discriminatory practices. Additionally, Masterson Staffing will train staff on the INA’s anti-discrimination provision, modify its policies, and be subject to quarterly reporting requirements.
The department’s investigation determined that Masterson Staffing routinely required specific documents from newly-hired non-U.S. citizens to prove their permission to work in the United States even though Federal law allows workers to choose among legally acceptable documents, regardless of citizenship, immigration status, or national origin. Specifically, the department found that Masterson Staffing required lawful permanent residents to show their Permanent Resident Cards (sometimes known as green cards), and other non-U.S. citizens to show their Employment Authorization Documents (sometimes known as work permits). At least one asylee lost work because of this discriminatory practice. The department also found that Masterson Staffing routinely required certain lawful permanent residents to show unnecessary documents to prove their continued permission to work.
The INA’s anti-discrimination provision prohibits employers from asking for specific documents because of a worker’s citizenship, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, refugees, and asylees, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine. In addition, if a lawful permanent resident provides an unexpired permanent resident card to prove their permission to work, employers must not request new documentation if the permanent resident card later expires. The INA prohibits employers from unnecessarily reverifying a worker’s permission to work.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when verifying permission to work on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
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Justice Department Resolves Language Access Matter Concerning Louisiana Supreme CourtRead the Press Release
Note: This press release has been translated into several languages. See the attached files.
The Justice Department announced today the resolution of a matter involving the Louisiana Supreme Court (LASC) based on actions LASC has taken to improve access to state court proceedings and operations for people with limited English proficiency (LEP).
In May 2019, the Justice Department and LASC entered into a Memorandum of Agreement (MOA) to address a complaint under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI is a federal law that prohibits discrimination on the basis of race, color and national origin by any recipients of federal financial assistance, including state courts. Since the MOA was signed, LASC has taken a number of remedial actions to improve access for court users across Louisiana who are LEP.
“Courts across our country must ensure that the courthouse door is open to all, including people with limited English proficiency,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue working to ensure that court systems, like the Louisiana Supreme Court, have the policies, practices, interpreters and other resources necessary to ensure access to justice for people with limited English proficiency.”
“With its actions, the Louisiana Supreme Court demonstrated a commitment to ensuring access to state courts in Louisiana for persons who are LEP,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “My office is committed to addressing all forms of discrimination, including discrimination against persons who are LEP.”
LASC has taken a number of actions to develop and implement a language access program and expand the availability of free language assistance services for people with LEP in Louisiana. LASC established an Office of Language Access and adopted the first Language Access Plan for Louisiana courts. LASC also created a centralized language access complaint system with an online complaint form in several non-English languages. For court staff, LASC developed training programs on language access, a judicial bench card focusing on access to court interpreters, and other language access resources. Further, LASC successfully advocated for a change to a state law that had allowed courts to charge people with LEP for the cost of an interpreter and then adopted new court rules based on that change in state law.
This matter was conducted jointly by the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Louisiana. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.
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Justice Department Announces Colonel Hugh T. Clements Jr. as Director of Office of Community Oriented Policing ServicesRead the Press Release
Today, Attorney General Merrick B. Garland announced that Colonel Hugh T. Clements Jr. has been appointed to serve as the new Director of the Office of Community Oriented Policing Services (COPS Office). The COPS Office is the component of the Justice Department responsible for advancing the practice of community policing by the nation’s state, local, territorial, and Tribal law enforcement agencies through information and grant resources.
“The Department’s COPS Office is central to our efforts to strengthen the public trust between communities and law enforcement that is essential to public safety, and I am pleased to announce that Chief Hugh Clements, a nearly 40-year veteran of the Providence Police Department, will be serving as its next Director,” said Attorney General Merrick B. Garland. “I am confident that Chief Clements’s leadership will further enable the COPS Office to continue its important work to keep our communities safe and build trust and mutual respect between police and communities, and I look forward to working alongside him. I am deeply grateful to Rob Chapman for his leadership as Acting COPS Director, his contributions to community policing, and his continued service to the Justice Department.”
Mr. Clements joins the Justice Department after nearly 40 years with the Providence Police Department in Providence, Rhode Island. Mr. Clements started his distinguished public safety career as a night Patrol Officer in Providence’s Uniform Division. Over the next 17 years, he rose through the ranks, working in both the Special Investigations Bureau and the Detective Bureau, where he played active roles in several major investigations. He later served as Deputy Chief and was appointed as Acting Chief of Police in July 2011, and on Jan. 6, 2012, he was appointed as the 37th Chief of the Department and promoted to the rank of Colonel.
Mr. Clements has worked closely with major law enforcement, civil rights, and community organizations. He is the recipient of numerous commendations for outstanding police work and devotion to duty, including being recognized with the Providence Police Department Chief’s Award three times and the White House Champions of Change Award for Reducing Drug Use and Building a Healthier America.
Mr. Clements received a Bachelor of Arts degree in Sociology from the University of Rhode Island and a Bachelor of Science degree in the Administration of Justice from Roger Williams University. He holds a Master of Science degree in criminal justice from Boston University. He attended many specialty schools throughout his career, including the New York State Police Williams Homicide School, the Illinois State Police Supervisor’s School, and the ATF National Gang School in California, and in 2005 he graduated from the Senior Management Institute for Police put on by the Harvard Kennedy School at Boston University.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to agency for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has been appropriated more than $20 billion to advance community policing, including grants awarded to over 13,000 state, local, and Tribal law enforcement agencies to fund the hiring and redeployment of more than 136,000 officers.
Former Contractor Pleads Guilty to Conspiracy to Defraud the United StatesRead the Press Release
A dual citizen of the United States and Syria who evaded arrest for over two decades pleaded guilty today in the District of Columbia for his role in a conspiracy to defraud the United States and to pay gratuities to a federal public official.
According to court documents, between 1993 and 1998, Ammar Kanaan, 61, of Dubai, United Arab Emirates, while working as a private sector contractor providing transportation engineering services to the U.S. Department of Transportation’s (DOT) Federal Highway Administration (FHWA), engaged in a scheme to provide unlawful cash payments and money orders to an FHWA official. To reimburse themselves for the funds paid to the public official, Kanaan and other contractors – with the official’s permission – submitted false invoices through which they obtained FHA funds to which they were not entitled.
Shortly after federal agents interviewed Kanaan about this conduct in 1998, he fled to Syria and then subsequently to the United Arab Emirates. Kanaan successfully challenged extradition in both countries. Through the dedicated efforts of federal law enforcement, however, Kanaan was ultimately located and arrested by Italian authorities while traveling in Italy in August 2022. Italian authorities extradited Kanaan back to the United States on Jan. 5.
Kanaan pleaded guilty to conspiracy to defraud the United States and to pay gratuities. He is scheduled to be sentenced on May 19 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 Justice Department’s Office of International Affairs and Italian Ministry of Justice, the Prosecutor’s Office of the Court of Appeal of Milan, and Italian law enforcement authorities provided invaluable assistance. The U.S. Marshals Service transported Kanaan back to the United States, with valuable support from the State Department’s Diplomatic Security Service.
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, Assistant Director in Charge David Sundberg of the FBI Washington Field Office, and Special Agent in Charge Craig Miles of the DOT Office of Inspector General (DOT-OIG), Mid-Atlantic Region made the announcement.
The FBI Washington Field Office and DOT-OIG are investigating the case.
Trial Attorney Jonathan E. Jacobson of the Criminal Division’s Public Integrity Section is prosecuting the case.
El Departamento de Justicia resuelve un asunto de acceso lingüístico relativo a la Suprema Corte de LuisianaRead the Press Release
Nota: Este comunicado de prensa ha sido traducido a varios idiomas. Consulte los archivos adjuntos.
El Departamento de Justicia anunció hoy la resolución de un asunto que atañe a la Corte Suprema de Luisiana (LASC, por sus siglas en inglés) basado en medidas que la LASC ha tomado para mejorar el acceso a procesos judiciales estatales y operaciones para individuos que no dominan el inglés (LEP, por sus siglas en inglés).
En mayo de 2019, el Departamento de Justicia y la LASC celebraron un Memorando de entendimiento (MOA, por sus siglas en inglés) para resolver un reclamo relacionado con el Título VI de la Ley de Derechos Civiles de 1964 (Title VI of the Civil Rights Act of 1964, Title VI). El Title VI es una ley federal que prohíbe la discriminación por motivos de raza, color y nacionalidad de beneficiarios de asistencia económica federal, incluidos los tribunales estatales. Desde que se firmó el MOA, la LASC ha tomado varias medidas correctivas para mejorar el acceso a individuos LEP que necesitan hacer uso de los tribunales de Luisiana.
“Los tribunales de todo el país deben garantizar que sus puertas estén abiertas para todos, incluidas las personas que no dominan el inglés” manifestó la Fiscal General Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Seguiremos trabajando para garantizar que los sistemas judiciales, como la Corte Suprema de Luisiana cuenten con las políticas, las prácticas, los intérpretes y otros recursos necesarios para garantizar el acceso a la justicia para personas que no dominan el inglés”.
“A través de sus acciones, la Corte Suprema de Luisiana demostró un compromiso para garantizar el acceso a los tribunales estatales en Luisiana para individuos LEP”, explicó el Fiscal Federal para el distrito este de Luisiana, Duane A. Evans. “Mi oficina asume el compromiso de eliminar todas las formas de discriminación, incluida la discriminación de personas LEP”.
La LASC ha tomado varias medidas para desarrollar e implementar un programa de acceso lingüístico y expandir la disponibilidad de servicios gratuitos de asistencia lingüística para personas LEP en Luisiana. La LASC estableció una Office of Language Access (Oficina de Acceso Lingüístico) e implementó el primer Language Access Plan (Plan de Acceso Lingüístico) en los tribunales de Luisiana. La LASC también creó un sistema centralizado de reclamos sobre el acceso lingüístico con un formulario de reclamo digital en varios idiomas diferentes del inglés. Para el personal judicial, la LASC desarrolló programas de capacitación sobre el acceso lingüístico, una ficha informativa judicial que se centra en el acceso a intérpretes judiciales y otros recursos de acceso lingüístico. Además, la LASC propuso y logró un cambio en una ley estatal que les permitía a los tribunales cobrarles a las personas LEP el costo de un intérprete, y adoptó nuevas normas judiciales en función de este cambio en la ley estatal.
Este asunto fue llevado a cabo conjuntamente por la Civil Rights Division (División de Derechos Civiles) del Departamento de Justicia y la Oficina de los Fiscales de los Estados Unidos para el distrito este de Luisiana. Hay información adicional disponible sobre la Civil Rights Division en su sitio web, www.justice.gov/crt, y hay información disponible sobre el dominio limitado del idioma inglés y el Title VI en www.lep.gov. Las posibles violaciones a los derechos civiles pueden denunciarse en https://civilrights.justice.gov/report/.
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El Departamento de Justicia llega a un acuerdo con una agencia de contrataciones con sede en Minnesota que resuelve unas acusaciones de discriminación relacionadas con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Corp IV Holdings Inc., que opera como Masterson Staffing Solutions (Masterson Staffing), una agencia de contrataciones con sede in Minnesota. El acuerdo resuelve la determinación del Departamento que Masterson Staffing vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar de manera rutinaria a trabajadores no ciudadanos de los EE. UU. a la hora de comprobar su permiso para trabajar en los Estados Unidos.
«Cuando los empleados presentan documentación legalmente aceptable a fin de demostrar su permiso para trabajar, los empleadores no pueden requerir documentos específicos o innecesarios por motivos de su ciudadanía o estatus migratorio», manifestó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá el trabajo importante de garantizar que los trabajadores no enfrenten barreras ilegales al empleo».
Según los términos del acuerdo, Masterson Staffing pagará una sanción civil de $250,000 a los Estados Unidos, y destinará $100,000 para un fondo de pagos retroactivos, a fin de indemnizar a las víctimas de las supuestas prácticas discriminatorias de Masterson Staffing. Asimismo, Masterson Staffing capacitará al personal sobre la disposición antidiscriminatoria de la INA, cambiará sus políticas y se someterá a la supervisión trimestral.
La investigación del Departamento determinó que Masterson Staffing, de manera rutinaria, requería documentos específicos de los no ciudadanos de los EE. UU. recién contratados a fin de probar que tenían permiso para trabajar en los Estados Unidos aunque la ley federal permite a los trabajadores elegir entre documentos legalmente aceptables independientemente de su ciudadanía, estatus migratorio o nacionalidad de origen. En concreto, el Departamento encontró que Masterson Staffing requería que los residentes permanentes legales mostraran sus tarjetas de residente permanente (conocidas algunas veces como tarjetas verdes), y que otros no ciudadanos de los EE. UU. mostraran sus Documentos de Autorización para Trabajar (conocidos algunas veces como permisos de trabajo). Al menos un asilado perdió trabajo debido a esta práctica discriminatoria. El Departamento también encontró que Masterson Staffing, de manera rutinaria, requería que algunos residentes permanentes legales mostraran documentos innecesarios a fin de probar que seguían con permiso para trabajar.
La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de un trabajador. En efecto, muchos no ciudadanos de los EE. UU., incluyendo a residentes permanentes legales, refugiados y asilados, son elegibles para varios de los mismos tipos de documentos como lo son los ciudadanos de los EE. UU. para demostrar su permiso para trabajar (tales como licencias de conducir y tarjetas de Seguro Social sin restricciones). Los empleadores deben permitir que sus trabajadores presenten cualquier documentación aceptable que dichos trabajadores quieran y no pueden rechazar documentación válida que parece ser genuina. Además, si un residente permanente legal proporciona una tarjeta de residente permanente para demostrar que tiene permiso para trabajar, los empleadores no deben pedir nuevos documentos si la tarjeta de residente permanente llega a vencerse.
La Sección de Derechos de Inmigrantes y Empleados (IER) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Encuentre más información en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación durante el proceso de verificación de su permiso para trabajar. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
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Bộ Tư Pháp Giải Quyết Vấn Đề Tiếp Cận Ngôn Ngữ Liên Quan Đến Tòa Án Tối Cao LouisianaRead the Press Release
Lưu ý: Thông cáo báo chí này đã được dịch sang nhiều ngôn ngữ khác nhau. Vui lòng xem tập tài liệu đính kèm bên dưới.
Hôm nay, Sở Tư Pháp công bố cách giải quyết cho vấn đề liên quan đến Tòa Án Tối Cao Bang Louisiana (Louisiana Supreme Court, LASC) dựa trên các hành động LASC đã thực hiện để cải thiện khả năng những người có trình độ tiếng Anh hạn chế (limited English proficiency, LEP) tiếp cận các thủ tục tố tụng và hoạt động của tòa án tiểu bang.
Vào tháng 5 năm 2019, Sở Tư Pháp và LASC đã ký Biên Bản Thỏa Thuận (Memorandum of Agreement, MOA) để giải quyết khiếu nại theo Đề Mục VI của Đạo Luật Dân Quyền 1964 (Đề Mục VI) (Title VI of the Civil Rights Act of 1964, Title VI). Title VI là luật liên bang, nghiêm cấm bất kỳ bên nhận hỗ trợ tài chính liên bang nào, kể cả tòa án tiểu bang, phân biệt đối xử dựa trên chủng tộc, màu da và nguồn gốc quốc gia. Kể từ khi ký kết MOA, LASC đã thực hiện một số hành động khắc phục hậu quả để cải thiện khả năng tiếp cận của những người LEP sử dụng tòa án trên khắp Louisiana.
Trợ Lý Tổng Chưởng Lý Kristen Clarke thuộc Ban Dân Quyền của Sở Tư Pháp cho biết: “Các tòa án trên khắp đất nước chúng ta phải đảm bảo rằng cánh cửa tòa án mở rộng cho tất cả mọi người, kể cả những người có trình độ Tiếng Anh hạn chế. Chúng tôi sẽ tiếp tục nỗ lực để chắc chắn rằng hệ thống tòa án, như Tòa Án Tối Cao Louisiana, có các chính sách, cách làm, thông dịch viên và nguồn lực cần thiết khác nhằm đảm bảo những người LEP có thể tiếp cận hệ thống tư pháp.”
Luật Sư Hoa Kỳ Duane A. Evans cho Quận Phía Đông Louisiana phát biểu: “Bằng các hành động của mình, LASC đã thể hiện cam kết đảm bảo cá nhân LEP có thể tiếp cận các tòa án tiểu bang ở Louisiana. Văn phòng của tôi cam kết giải quyết mọi hình thức phân biệt đối xử, bao gồm hành vi phân biệt đối xử với những người LEP.”
LASC đã thực hiện một số hành động để phát triển và triển khai chương trình tiếp cận ngôn ngữ, đồng thời mở rộng phạm vi cung cấp dịch vụ hỗ trợ ngôn ngữ miễn phí cho những người LEP ở Louisiana. LASC thành lập Office of Language Access (Văn Phòng Tiếp Cận Ngôn Ngữ) và thông qua Language Access Plan (Chương Trình Tiếp Cận Ngôn Ngữ) đầu tiên cho các tòa án ở Louisiana. LASC cũng tạo ra hệ thống khiếu nại tiếp cận ngôn ngữ tập trung với mẫu đơn khiếu nại trực tuyến bằng một số ngôn ngữ không phải tiếng Anh. Đối với nhân viên tòa án, LASC phát triển chương trình đào tạo về khả năng tiếp cận ngôn ngữ, thẻ câu hỏi của thẩm phán tư pháp tập trung vào quyền tiếp cận dịch vụ thông dịch viên tòa án và nguồn tiếp cận ngôn ngữ khác. Ngoài ra, LASC ủng hộ thành công quyết định thay đổi luật tiểu bang, trong đó luật này cho phép các tòa án tính phí cá nhân LEP dùng dịch vụ thông dịch viên, sau đó thông qua các quy tắc mới của tòa án dựa trên thay đổi nói trên trong luật tiểu bang.
Civil Rights Division (Ban Dân Quyền) thuộc Sở Tư Pháp đã phối hợp với Văn phòng Luật sư Hoa Kỳ thuộc Quận Phía Đông của Louisiana để giải quyết vấn đề này. Thông tin bổ sung về Civil Rights Division có trên trang web tại www.justice.gov/crt, còn thông tin về LEP và Title VI có tại www.lep.gov. Công chúng có thể báo cáo hành vi vi phạm dân quyền có thể xảy ra tại https://civilrights.justice.gov/report/.
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Arkansas Owner of Garage Door Business Pleads Guilty to Tax EvasionRead the Press Release
An Arkansas man pleaded guilty today to attempting to evade the assessment of federal income taxes.
According to court documents, Ronald Clark, of Bella Vista, owned and operated Clark Overhead Doors, a garage door service company. From 2015 to 2020, Clark evaded the assessment of federal income and employment taxes by operating his business in cash, dealing extensively in currency, and failing to file individual income tax and employment tax returns. In total, the defendant caused a tax loss to the IRS of approximately $236,791.
Clark faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorney Wilson Stamm and Assistant Chief Greg Tortella of the Justice Department’s Tax Division are prosecuting the case.
South Bend Man Sentenced to 169 Months in PrisonRead the Press Release
SOUTH BEND – Dustin Hartline, 29 years old, of South Bend, Indiana, was sentenced by United States District Court Judge Robert L. Miller, Jr. after pleading guilty to carjacking and discharging a firearm during a crime of violence, announced United States Attorney Clifford D. Johnson.
Hartline was sentenced to 169 months in prison followed by 3 years of supervised release.
According to court filed documents, in February 2022, Hartline ordered a ride through a rideshare company. After the rideshare driver picked him up and drove him to his destination, Hartline pressed a loaded pistol into the driver’s body. Hartline threatened the driver and as the driver was pleading for his/her vehicle, Hartline fired a round from the pistol into the ground. Hartline then drove away in the car. Using information from the driver’s cell phone left in the stolen car, law enforcement officers were able to track Hartline to a residence in Niles, Michigan, where he was arrested. The stolen car and the firearm Hartline used – which likewise had been stolen-- were recovered when Hartline was arrested. A factor in the imposed sentence was Hartline’s recent criminal history of multiple felony convictions for grand theft of a motor vehicle, resisting law enforcement, and fleeing a police officer.
“Carjacking of rideshare drivers is a violent crime that is increasing as the public’s use of those services becomes commonplace. Frequently, as here, perpetrators use firearms as part of the carjacking. Fortunately, the driver that Mr. Hartline victimized was not physically hurt, but whenever a gun is discharged during a crime, all the ingredients for deadly consequences are present,” said United States Attorney Clifford D. Johnson. “My Office and our law enforcement partners will cooperatively utilize all combined resources to bring such lawless, violent and dangerous criminals to justice.”
“Today’s sentencing demonstrates the FBI’s commitment to investigating cases of violent crime to protect innocent victims and sends the message these crimes will not be tolerated,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “The teamwork between the FBI and our law enforcement partners ensured there is one less predator on the street and helped make our communities safer.”
This case was investigated by the Federal Bureau of Investigation with the assistance of the South Bend Police Department and the Niles Michigan Police Department. This case was prosecuted by Assistant United States Attorney Molly E. Donnelly.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Justice Department Secures Agreement with Broadway Ticket Services Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
Note: The Spanish version can be found here.
The Justice Department announced today that it has secured a settlement agreement with Nederlander Marketing, Inc., dba Broadway Direct (Broadway Direct), a ticket services company based in New York. The agreement resolves the department’s determination that Broadway Direct violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizen workers based on citizenship status when it advertised and hired for a position in New York.
“Job advertisements that unlawfully limit jobs to U.S. citizens create barriers for non-U.S. citizens who have permission to work in the United States,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to ensure that all workers have a fair shot at job opportunities, and will hold employers accountable for discriminating against workers because of citizenship, immigration status, or national origin.”
The department began its investigation in July 2022, after learning that Broadway Direct may have posted a job advertisement limiting its hiring for a position to only U.S. citizen applicants. The department’s investigation determined that Broadway Direct had posted at least one job advertisement with unlawful citizenship status restrictions. Under the INA, employers cannot generally discriminate based on citizenship, immigration status, or national origin at any stage of the hiring process.
Under the terms of the settlement, Nederlander will pay a civil penalty to the United States, train staff on the INA’s anti-discrimination provision, review and revise their employment policies, and be subject to departmental monitoring for a two-year period.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. Learn more about prohibitions against citizenship status discrimination.
Find more information on how employers can avoid discrimination in hiring and recruiting on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
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Justice Department Announces New Director of the U.S. Trustee ProgramRead the Press Release
The Justice Department announced today that Attorney General Merrick B. Garland has selected Tara Twomey to serve as Director of the U.S. Trustee Program (USTP) at the Department of Justice.
“The United States Trustee Program plays a critical role in ensuring the fairness of the bankruptcy process — including by providing impartial oversight and protecting consumer debtors from fraud and abuse,” said Attorney General Merrick B. Garland. “I am confident that Ms. Twomey’s leadership will advance USTP’s mission to promote the integrity and efficiency of the bankruptcy system for debtors, creditors, and the public.”
Ms. Twomey has over 20 years of experience working on bankruptcy and consumer credit issues. She currently serves as the Executive Director of the National Consumer Bankruptcy Rights Center, which advances the rights of consumer bankruptcy debtors. She is Of Counsel at the National Consumer Law Center, and serves as a member of the Judicial Conference Advisory Committee on Bankruptcy Rules. She is the author of numerous books and articles on bankruptcy law and practice, and has served as an instructor at Boston College Law School, Harvard Law School, and Stanford Law School. Ms. Twomey is a fellow of the American College of Bankruptcy, a conferee of the National Bankruptcy Conference, and a director of the National Association of Consumer Bankruptcy Attorneys. She earned her Bachelor of Arts in Political Science from the University of California, San Diego, and her Juris Doctor, summa cum laude, from Boston College Law School.
“Throughout her career as a practitioner, scholar, and teacher, Tara Twomey has been a leader in the bankruptcy bar and a passionate voice for making the bankruptcy system accessible to all,” said Associate Attorney General Vanita Gupta. “She will bring energy, experience, and judgment to her new role as USTP Director. I look forward to working with her in this new role.”
USTP is the only neutral party in the bankruptcy process, and brings a national perspective to every bankruptcy matter. USTP also plays a critical role in protecting consumer debtors against fraud and abuse. USTP consists of the Executive Office for U.S. Trustees, located in Washington, D.C., and 21 regions with 90 field offices throughout the country. The Director of USTP is responsible for leading approximately 1000 employees to implement USTP’s core mission to protect the integrity of the bankruptcy system.
Ms. Twomey will assume her duties on Feb. 27.
Four Hawaii Correctional Officers Sentenced for Abusing Inmate and Conspiring to Cover up AbuseRead the Press Release
Four former correctional officers at the Hawaii Community Correctional Center have been sentenced for their roles in the assault of an inmate and participation in a multi-year conspiracy to cover-up the abuse.
Jordan DeMattos, 30, the youngest of the four officers involved, previously accepted responsibility for his crimes by pleading guilty, and testified against his co-defendants at a trial last Summer. He was sentenced to 12 months and one day in prison.
DeMattos’s co-defendants were found guilty during a joint trial of violating the rights of an inmate by assaulting him and lying to cover up the incident afterwards. The co-defendants have already been sentenced. Jonathan Taum, 50, the officer who supervised the beating and orchestrated the conspiracy to cover it up, was sentenced to 144 months in prison. Jason Tagaloa, 31, the officer who delivered the most vicious punches and kicks to the victim’s head, was sentenced to 96 months in prison. Craig Pinkney, 39, who struck the victim and held him down as Tagaloa punched and kicked him, was sentenced to 60 months in prison.
“Physical abuse and corruption by officials working inside jails and prisons is unacceptable, no matter where it occurs,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will vigorously prosecute abusive officers to ensure that the civil rights of all people, including those in custody, are protected.”
According to court documents and evidence introduced at trial, on June 15, 2015, Sergeant Taum supervised Tagaloa, Pinkney and DeMattos while they transported an inmate across the facility. The inmate became frightened in the course of the transfer, and Taum’s fellow officers took the non-violent inmate to the ground and repeatedly punched and kicked him in the face, head, and body — breaking the inmate’s jaw, nose, and orbital socket. Thereafter, Taum led the officers in a cover-up conspiracy that included writing false reports, submitting false statements to internal affairs, and providing false testimony to disciplinary board members.
“This vicious assault on an incarcerated person justifies both the convictions and sentences,” said U.S. Attorney Clare E. Connors for the District of Hawaii. “As illustrated by this prosecution, we are committed to enforcing our nation’s civil rights laws.”
“These correctional officers were in a position of public trust and violated that trust not only by acts of violence against an inmate but also by attempting to cover it up,” said Special Agent in Charge Steven Merrill of the FBI Honolulu Field Office. “The FBI will stop at nothing when investigating allegations of civil rights violations.”
The FBI Honolulu Field Office investigated the case.
Assistant U.S. Attorney Craig Nolan for the District of Hawaii and Special Litigation Counsel Christopher Perras and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section prosecuted the case.
El Departamento de Justicia llega a un acuerdo con una empresa de servicios de boletos de Broadway que resuelve unas acusaciones de discriminación relacionadas con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Nederlander Marketing, Inc., que opera como Broadway Direct (Broadway Direct), una empresa de servicios de boletos con sede en Nueva York. El acuerdo resuelve la determinación del Departamento que Broadway Direct vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar a trabajadores no ciudadanos de los EE. UU. con base en su estatus de ciudadanía cuando publicó anuncios y contrató para un puesto en Nueva York.
«Los anuncios de trabajo que limitan ilegalmente los trabajos a ciudadanos de los EE. UU. crean barreras para los no ciudadanos de los EE. UU. que cuentan con permiso para trabajar en los Estados Unidos», manifestó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá garantizando que todos los trabajadores cuenten con una oportunidad justa para las oportunidades de trabajo y hará responsable a los empleadores por discriminar a los trabajadores por motivos de ciudadanía, estatus migratorio o nacionalidad de origen».
El Departamento inició su investigación en julio de 2022, al enterarse de que Broadway Direct puede haber publicado un anuncio de trabajo que limitaba la contratación para el puesto a postulantes ciudadanos de los EE. UU. únicamente. La investigación del Departamento determinó que Broadway Direct había publicado al menos un anuncio de trabajo con restricciones ilegales de estatus de ciudadanía. En virtud de la INA, los empleadores generalmente no pueden discriminar por motivos de ciudadanía, estatus migratorio o nacionalidad de origen en ninguna etapa del proceso de contratación.
Según los términos del acuerdo, Nederlander pagará una sanción civil a los Estados Unidos, capacitará al personal sobre la disposición antidiscriminatoria de la INA, revisará y actualizará sus políticas de empleo y se someterá a la supervisión del Departamento durante dos años.
La Sección de Derechos de Inmigrantes y Empleados (IER) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido, reclutamiento o recomendación por comisión; las prácticas documentales injustas; y las represalias y la intimidación.
Encuentre más información en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación durante la contratación y el reclutamiento. Aprenda más sobre cómo la IER protege los derechos de los trabajadores en este vídeo. Para más información sobre las protecciones contra la discriminación en virtud de las leyes de inmigración, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase en un seminario en línea gratuito; envié un correo electrónico a [email protected]; o visite los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
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Cumberland County, Tennessee Agrees to End Discrimination Based on Opioid Use DisorderRead the Press Release
The Justice Department announced today that it filed a complaint and proposed consent decree with the U.S. District Court for the Middle District of Tennessee, to resolve allegations that Cumberland County, Tennessee violated Title I of the Americans with Disabilities Act (ADA), which prohibits employers from discriminating based on disability. Among other things, it requires them to make reasonable accommodations to qualified employees with disabilities.
The lawsuit alleges that the County Sheriff’s Department discriminated against a correctional officer on the basis of his disability, opioid use disorder (OUD), by failing to make reasonable accommodations to permit his continued employment while taking prescribed medication for OUD. The Sheriff’s Department also constructively discharged him by forcing him to resign. The lawsuit also alleges that the Sheriff’s Department violated the ADA by preventing employees who are taking legally prescribed medications from having them present in their system while at work. This is the Justice Department’s first ADA settlement resolving claims of employment discrimination based on opioid use disorder.
“Employees with opioid use disorder or other disabilities should not face termination for taking lawfully prescribed medications needed to treat their disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to ensuring equal employment opportunities for people with opioid use disorder and other disabilities.”
Under the terms of the consent decree, which must be approved by the Court, the County will implement policies and procedures regarding non-discrimination in employment, and train personnel on the requirements of Title I of the ADA. The County will also pay a total of $160,000 to the former correctional officer.
This matter is based on a referral from the Nashville Area Office of the U.S. Equal Employment Opportunity Commission, which conducted the initial investigation.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the Civil Rights Division’s Disability Rights Section, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Construction Company Owner Sentenced for Fraud in Securing Millions of Dollars in Contracts Intended for Service-Disabled Veteran-Owned Small BusinessesRead the Press Release
The owner of several companies in the construction industry was sentenced to 27 months in prison and ordered to pay a $1.75 million fine for his role in a long-running scheme to defraud the United States.
Following a six-day trial in the U.S. District Court for the Western District of Texas in June 2022, a jury convicted Michael Angelo Padron of conspiracy to defraud the United States and wire fraud for his role in obtaining valuable government contracts under programs administered by the Small Business Administration (SBA). The evidence showed that Padron conspired with others to install a service-disabled veteran as the ostensible owner of a general construction company held out as a Service-Disabled Veteran-Owned Small Business (SDVOSB). Padron, along with his business partners, exercised disqualifying financial and operational control over the construction company. According to court documents, the conspirators concealed that control in order to secure over $240 million in government contracts that were set aside for SDVOSBs and other small businesses in order to benefit their larger, nonqualifying businesses.
“The sentence reflects the seriousness of the offense and the long-running nature of the scheme,” said Acting Deputy Assistant Attorney General for Criminal Enforcement Marvin Price of the Justice Department’s Antitrust Division. “The Antitrust Division and its Procurement Collusion Strike Force remain committed to holding executives accountable when they choose to defraud federal procurement programs.”
“Conspiring to fraudulently use SBA program funds intended for service-disabled veteran’s is reprehensible,” said Special Agent in Charge Sharon Johnson of the Small Business Administration Office of Inspector General (SBA-OIG), Central Region. “This sentence demonstrates that those that defraud the nations vital economic programs will be held accountable. I want to thank the Antitrust Division and our law enforcement partners for their dedication and pursuit of justice.”
“Today's sentencing should serve as a stark reminder that our agents, and those of our partner law enforcement agencies, are relentless in our pursuit of those who choose to defraud the government," said Special Agent in Charge L. Scott Moreland of the Department of the Army Criminal Investigation Division’s (CID) Major Procurement Fraud Field Office. “We have a very robust group of highly-trained special agents and analysts who are masters at combating and uncovering fraud, deception, and other criminal acts associated with government contracting and purchasing.”
“A level playing field is vital to the procurement process,” said Special Agent in Charge Jamie Willemin of the General Services Administration Office of Inspector General (GSA-OIG) Southwest and Rocky Mountain Division. “Today’s sentencing signifies GSA OIG’s commitment to aggressively investigate fraudulent business practices that cheat legitimate small businesses and the taxpayer.”
“The VA-OIG is committed to identifying and stopping those individuals who misappropriate an opportunity meant solely for our nation’s veterans with disabilities,” said Acting Special Agent in Charge Patrick Roche of the Department of Veterans Affairs Office of Inspector General’s (VA-OIG) South Central Field Office. “The VA-OIG thanks the Department of Justice and our law enforcement partners for their joint efforts to achieve justice in this case.”
The Antitrust Division’s Washington Criminal II Section prosecuted the case, which was investigated by SBA-OIG, U.S. Army CID Major Procurement Fraud Unit, VA-OIG, DCIS, and GSA-OIG. The U.S. Attorney’s Office for the Western District of Texas and the Army Audit Agency also assisted with the investigation.
Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal II Section at 202-598-4000, or visit https://www.justice.gov/atr/contact/newcase.html.
In November 2019, the Department of Justice created the Procurement Collusion Strike Force (PCSF), a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government – federal, state and local. To learn more about the PCSF, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to defense-related spending, go to https://www.justice.gov/procurement-collusion-strike-force.
CPA Pleads Guilty to Conspiring to Promote Fraudulent Tax Shelter SchemeRead the Press Release
A Florida CPA pleaded guilty in the District of New Jersey today to conspiring to sell fraudulent tax deductions disguised as charitable deductions to high-income clients.
According to the Information and other court documents and statements made in court, Ralph B. Anderson of Naples, Florida, promoted and sold fraudulent syndicated conservation easement tax shelters that allowed high-income clients to buy tax deductions to illegally shelter their income from taxes. These illegal tax shelters facilitated high-income taxpayers in claiming inflated charitable contribution tax deductions in connection with the donation of a conservation easement over land. Between 2013 and 2019, while working as a CPA, Anderson, along with others, promoted and helped sell such fraudulent syndicated conservation easement tax shelters. To carry out the scheme, the conspirators obtained falsely inflated appraisals in order to achieve the desired amount of tax deductions. Anderson was paid more than $300,000 in commissions for his promotion and sale of the tax shelters. He also was given “free units” he could use to take false deductions for charitable contributions on his own tax returns. As a part of his guilty plea, Anderson admitted his conduct resulted in a loss of nearly $3.5 million.
Anderson is scheduled to be sentenced on June 7, 2023, and faces a maximum penalty of five years in prison for conspiring to defraud the United States. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Christopher Magnani and Richard Rolwing of the Tax Division are prosecuting the case.
Physician Convicted for Misappropriating Approximately $250,000 from COVID-19 Relief ProgramsRead the Press Release
A federal jury convicted a Colorado physician on Friday for misappropriating approximately $250,000 from two separate COVID-19 relief programs.
According to court documents and evidence presented at trial, Dr. Francis F. Joseph, 57, of Highlands Ranch, received government funds for COVID-19 relief from the Accelerated and Advance Payment Program and the Paycheck Protection Program. Each program was designed to provide emergency financial assistance to medical providers and small businesses who were suffering the economic effects resulting from the COVID-19 pandemic. In all, Joseph received approximately $250,000 from these funds and fraudulently used the money to pay for his own personal expenses, and not in accordance with the terms of the relief programs.
Joseph was convicted in the District of Colorado of theft in connection with healthcare and wire fraud. The jury acquitted Joseph of theft of government property related to a separate Covid-relief payment. He faces a maximum penalty of 20 years in prison on the wire-fraud count. A sentencing date has not yet been set.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Curt Muller of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Kansas City Region; and Special Agent in Charge Weston King of the U.S. Small Business Administration Office of Inspector General (SBA-OIG), Western Region made the announcement.
The HHS-OIG and SBA-OIG investigated the case.
Trial Attorneys Jennifer Bilinkas and John J. Liolos of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat fraud related to the COVID-19 pandemic, particularly with respect to the resources made available by Congress through the Coronavirus Aid, Relief, and Economic Security (CARES) Act for programs including the Paycheck Protection Program, the Economic Injury Disaster Loan program, and the Provider Relief Fund. Since the CARES Act passed, Fraud Section attorneys have prosecuted more than 200 defendants in more than 130 criminal cases related to CARES Act programs and funds. The Fraud Section has also seized more than $80 million in cash proceeds derived from CARES Act-related fraud schemes, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/cares-act-fraud.
In May 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 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.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Omaha Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
United States Attorney Steven Russell announced that Gary Ross, 24, of Omaha, Nebraska, was sentenced on January 13, 2023, in federal court in Omaha for possession with intent to distribute marijuana and possession of a firearm in furtherance of a drug trafficking crime. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Ross to 61 months of imprisonment. There is no parole in the federal system. After his release from prison, he will begin a three-year term of supervised release.
On August 28, 2020, officers conducted a search warrant at Ross’s Omaha apartment. Officers located approximately three pounds of marijuana, a 9 mm handgun, a scale, and approximately $15,300. The firearm was in Ross’s bedroom and the marijuana was near it in a duffel bag. Per the plea agreement, the $15,300 was forfeited.
This case was investigated by the Federal Bureau of Investigation, Safe Streets Task Force, Omaha Police Department.
Military Contractor Pleads Guilty to Bid RiggingRead the Press Release
A Texas military contractor pleaded guilty on Jan. 12 to rigging bids on public military contracts in the state of Texas.
According to court documents, Aaron Stephens, 53, conspired with others to rig bids on certain government contracts from May 2013 to January 2018 in order to give the false impression of competition and to secure government payments in excess of $17.2 million. The plea agreement detailed six contracting bids that Stephens and his co-conspirators rigged, which included work performed for the Red River Army Depot in Texarkana, Texas. The projects included heavy military equipment work such as refurbishing armor kits for military trucks and turrets for Humvees. One of Stephens’s co-conspirators, John “Mark” Leveritt, pleaded guilty in July 2022.
Stephens pleaded guilty to a violation of Section 1 of the Sherman Act. He faces a maximum penalty of 10 years in prison and a $1 million criminal fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other relevant factors.
The Antitrust Division’s Washington Criminal II Section is prosecuting the case, which was investigated with the assistance of the U.S. Attorney’s Office for the Eastern District of Texas, the U.S. Army Criminal Investigation Division’s Dallas Fraud Resident Agency, and the FBI’s Dallas Field Office.
In November 2019, the Department of Justice created the Procurement Collusion Strike Force (PCSF), 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.
Eye Surgery Practices Agree to Pay $1 Million and End Discriminatory Policies Towards People with DisabilitiesRead the Press Release
The Justice Department announced today that it has filed a proposed consent decree with Barnet Dulaney Perkins Eye Centers (BDP) and American Vision Partners (AVP), to resolve its lawsuit alleging that the eye care practices violated the Americans with Disabilities Act. The lawsuit alleged that BDP and AVP refused to operate on certain patients who needed assistance transferring from their wheelchairs for surgery and required other such patients to pay for third-party medical transport and transfer assistance. Medical providers routinely offer this type of assistance to patients who need help transferring from a wheelchair to an examination or surgical table for surgery and exams.
“The Americans with Disabilities Act requires health care providers to offer equal access to their services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Patients with disabilities must not be denied crucial medical services or forced to pay surcharges because they need transfer assistance. The Justice Department is fully committed to protecting the civil rights of individuals with disabilities to get the medical care they need.”
“This agreement reflects an important step in obtaining equal access to health care services for Arizonans with disabilities,” said U.S. Attorney Gary Restaino for the District of Arizona. “The U.S. Attorney’s Office will continue to work closely with the Civil Rights Division to ensure that all Arizonans are afforded equal opportunity to access health care services in our state.”
Under the decree, BDP and AVP will end their policies of denying surgery and prohibiting staff from providing transfer assistance to people with mobility disabilities. BDP operates eye care facilities throughout Arizona, and AVP, one of the largest eye care practice management organizations in the country, partners with eye care providers in Arizona, New Mexico, Nevada and Texas, including BDP, Southwestern Eye Center, M & M Eye Institute, Retinol Consultants of Arizona, Abrams Eye Institute, Southwest Eye Institute, Aiello Eye Institute, Havasu Eye Center, Visage Aesthetics and Plastic Surgery and Moretsky Cassidy Vision Correction. These eye care providers will also train staff on the new policy requirements and on safe transfer techniques, and pay $950,000 to patients and prospective patients who were harmed by its policies and a civil penalty of $50,000.
For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.