District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Michigan Man Pleads Guilty to Hate Crimes for Death Threats Targeting Black Lives Matter SupportersRead the Press Release
The Justice Department announced that Kenneth Pilon, 61, has pleaded guilty in federal district court to willfully intimidating and attempting to intimidate citizens from engaging in lawful speech and protests in support of Black Lives Matter. Pilon will be sentenced on March 23, 2023.
Pilon pleaded guilty to two hate crime charges. Specifically, he pleaded guilty to count 1 of the filed information, which charged him with violating the law by calling nine Starbucks stores in Michigan and telling the employees answering his calls to relay specifically racial threats to Starbucks employees wearing Black Lives Matter T-shirts. Pilon threatened to kill Black people, using a racial slur to refer to his intended victims.
Pilon also pleaded guilty to count 4 of the filed information, which charged him with violating the law by placing a noose inside a vehicle owned by R.S. and D.S. Attached to the noose was a handwritten note, reading: “An accessory to be worn with your ‘BLM’ t-shirt. Happy protesting!”
“The defendant levied racially-motivated death threats against multiple Black people wearing Black Lives Matter t-shirts,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The defendant also used a noose, a vile symbol of hatred and violence that harkens back to the Jim Crow era, to convey a threat of racial violence. Racially-driven threats of violence simply have no place in our society today, and the Department of Justice will continue to prosecute any individual who engages in this type of threatening conduct.”
“The actions of this defendant were threatening to an entire community,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan. “We hope this conviction sends the message that this type of activity is criminal, and that we will take the necessary action to protect the people of our district.”
“Hate crimes of this nature are meant to not only threaten the victim, but to intimidate an entire community. Because of this wide-ranging impact, hate crime investigations are among the FBI’s highest priorities,” said Special Agent in Charge James A. Tarasca of the FBI Detroit Field Office. “We will continue to work with our law enforcement partners to investigate these crimes and to seek justice for the victims and their communities.”
The FBI investigated the case.
Assistant U.S. Attorney Timothy Turkelson for the Eastern District of Michigan and Trial Attorney Tara Allison of the Justice Department’s Civil Rights Division are prosecuting the case.
Maryland Man Indicted in Firearms Trafficking ConspiracyRead the Press Release
Defendant Allegedly Trafficked Firearms to Family Member in the District of Columbia
WASHINGTON – Two men were indicted today on federal charges stemming from a firearms trafficking investigation focused on the summer of 2021.
Demetrius Minor, 31, of Maryland and Donald Willis, 50, of Washington, D.C. were indicted by a grand jury in the U.S. District Court for the District of Columbia on federal charges related to the illegal transfer of firearms. Minor was indicted on a total of four charges including: engaging in the business of dealing in firearms without a license; illegal interstate transfer of firearms; sale of a firearm to a convicted felon; and conspiracy to commit an offense or defraud the United States. Willis was indicted on the charge of conspiracy.
The announcement was made by U.S. Attorney Matthew M. Graves and Christopher Amon, Acting Special Agent in Charge of the Washington Field Division, U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
According to the indictment, the defendants conspired to traffic more than 30 firearms between April and October of 2021. Defendant Minor acted as the straw-purchaser of firearms from licensed gun stores (FFL’s) in the state of Maryland. After purchasing the firearms, Minor would transfer the guns to Willis in Washington, D.C., where Willis would pay Minor before reselling the guns.
The investigation began when two firearms purchased by Minor were recovered in a ten-day span within the District of Columbia. One of those firearms was recovered in November 2021, when Willis was arrested in an unrelated domestic violence incident. In that incident a handgun recovered from Willis had been reported stolen the same day by Minor, which triggered ATF to investigate Minor’s firearms purchases. The investigation revealed that Minor and Willis are related, and that Minor would legally purchase firearms in bulk from multiple gun stores in Maryland before transferring them to Willis, a prohibited person due to previous convictions, in exchange for cash.
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilty. Every defendant is presumed innocent until, and unless, proven guilty.
The charge of sale of a firearm to a convicted felon carries a statutory maximum sentence of 10 years in prison. Each of the other charges carries a statutory maximum sentence of five years in prison. The maximum statutory sentence for federal offenses is prescribed by Congress and is provided here for informational purposes. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case is being investigated by the ATF’s Washington Field Office.
The case is being prosecuted by Assistant United States Attorney’s Samuel Frey and Paul V. Courtney, of the Federal Major Crimes Section of the U.S. Attorney’s Office for the District of Columbia.
Justice Department Secures Settlement with Trucking Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced that it has secured a settlement agreement with Navajo Express, a Colorado-based trucking company that operates nationwide. The settlement resolves the department’s determination that Navajo Express violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizen workers when checking their permission to work in the United States.
“When employers reject workers’ valid documentation proving their permission to work and demand other types of documentation, they construct unnecessary hurdles that can mean the difference between a worker getting a job or not,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold employers accountable for discriminating against workers because of citizenship, immigration status or national origin.”
The department’s investigation began after a non-U.S. citizen complained that Navajo Express refused to accept valid documentation proving his permission to work and demanded a different document from him. The department’s investigation determined that Navajo Express routinely required lawful permanent residents to show their permanent resident cards (known as “green cards”) to prove their permission to work, even when they had already presented other valid documentation. The investigation also revealed that Navajo Express had a policy of unlawfully requiring permanent residents to provide new permanent resident cards when their old permanent resident cards expired, even though such documentation is unnecessary.
Under the terms of the settlement, Navajo Express will pay more than $40,000 in civil penalties 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.
Federal law allows all workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. The INA’s anti-discrimination provision prohibits employers from asking for specific documents because of a worker’s citizenship, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, refugees and asylees, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine. 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 Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when verifying permission to work on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.
Justice Department Secures Award Against Tennessee Landlord for Sexually Harassing Female TenantsRead the Press Release
Following a four-day trial, a federal jury awarded $70,500 in damages to six women who rented homes in Lexington, Tennessee, from defendant Chad David Ables. The jury found that Ables sexually harassed these women at his properties, located in or near his trailer park known as Pop’s Cove, in violation of the Fair Housing Act.
The Justice Department’s lawsuit, filed in December 2018, alleged that since 2012, Ables subjected female tenants to a continued barrage of vulgar sexual comments, unwelcome physical touches, propositions for sex and offers to reduce rent in exchange for sex. Trial was originally scheduled for May 2020, but was postponed several times because of the COVID-19 pandemic.
“The Justice Department will continue to take action against landlords who sexually harass and exploit vulnerable tenants,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This verdict recognizes the significant sexual abuse that female tenants were subjected to by the defendant.”
“No one should have to endure sexual harassment in order to have a safe and secure living situation,” said U.S. Attorney Kevin G. Ritz for the Western District of Tennessee. “I am gratified the jury held this landlord accountable for these unlawful acts.”
“It is illegal for landlords to subject their tenants to any form of sexual harassment,” said Principal Deputy Assistant Secretary Demetria L. McCain of the Office of Fair Housing and Equal Opportunity at the Department of Housing and Urban Development (HUD). “HUD is pleased that the Department of Justice took appropriate action to put a halt to this unlawful behavior and applauds the decision by the jury.”
The case began when two women filed a sexual harassment complaint about Ables with HUD. HUD investigated the matter and referred it to the Justice Department, which filed this lawsuit. The women intervened in the lawsuit and were represented by West Tennessee Legal Services. The Justice Department later sought relief on behalf of five additional women, and one of the intervenors dropped out of the lawsuit.
The jury award includes compensatory damages for the emotional harms the women have suffered as a result of Ables’ conduct and punitive damages to punish the defendant. The Justice Department also informed the District Court Judge that it intends to seek a civil penalty against Ables to vindicate the public interest and a court order prohibiting Ables from managing the rental properties or having contact with residents or prospective tenants.
The Justice Department launched its Sexual Harassment in Housing Initiative in October 2017. The initiative, which is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country, seeks to raise awareness about and address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the initiative, the department has filed 26 lawsuits alleging sexual harassment in housing and recovered over $9.6 million for victims of such harassment.
If you think you are a victim of sexual harassment by a landlord, property manager or rental agent, you may contact the Justice Department at 1-844-380-6178, or submit an online report at https://civilrights.justice.gov/. Reports also may be made by contacting HUD at 1-800-669-9777, or by filing an online complaint at https://www.hud.gov/fairhousing/fileacomplaint%20.
The Fair Housing Act prohibits discrimination in housing based on sex, race, color, national origin, religion, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.
El Departamento de Justicia llega a un acuerdo con una empresa de transporte por carretera que resuelve unas acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Navajo Express, una empresa de transporte por carretera que opera por todo el país. El acuerdo resuelve la determinación del Departamento que Navajo Express vulneró la Ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar a trabajadores no ciudadanos de los EE. UU. a la hora de comprobar su permiso para trabajar en los Estados Unidos.
«Cuando los empleadores rechazan la documentación válida de un trabajador que demuestra su permiso para trabajar y, en su lugar, exigen otros tipos de documentación, están creando barreras innecesarias que pueden marcar la diferencia para un trabajador entre conseguir un trabajo o no», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles. «El Departamento de Justicia seguirá haciendo a los empleadores rendir cuentas de los actos discriminatorios que cometen contra trabajadores por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen».
La investigación del Departamento comenzó después de que un no ciudadano de los EE. UU. se quejó de que Navajo Express se había negado a aceptar su documentación válida que demostraba su permiso para trabajar y exigía que les facilitara otro documento. En concreto, el Departamento determinó que Navajo Express requería que residentes permanentes legales presentaran sus tarjetas de residente permanente (conocidas como «tarjetas verdes») para probar su permiso para trabajar, incluso cuando ya habían presentado otra documentación válida. Asimismo, la investigación reveló que Navajo Express tenía una política de requerir, ilegalmente, que residentes permanentes legales presentaran nuevas tarjetas de residente permanente cuando sus antiguas tarjetas de residente permanente vencían, aunque tal documentación es innecesaria.
Conforme los términos del acuerdo, Navajo Express pagará una sanción civil a los Estados Unidos que asciende a más de $40,000, capacitará a su personal en cuanto a la disposición antidiscriminatoria de la INA, revisará sus políticas de empleo y se someterá a la supervisión del Departamento durante un período de dos años.
Las leyes federales permiten a todo trabajador elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su identidad y permiso para trabajar, independientemente de su ciudadanía, estatus migratorio o nacionalidad de origen. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de un trabajador. En efecto, muchos no ciudadanos de los EE. UU., incluyendo a residentes permanentes legales, refugiados y asilados, son elegibles para varios de los mismos tipos de documentos como lo son los ciudadanos de los EE. UU. para demostrar su permiso para trabajar (tales como licencias de conducir y tarjetas de Seguro Social sin restricciones). Los empleadores deben permitir que sus trabajadores presenten cualquier documentación aceptable que dichos trabajadores quieran y no pueden rechazar documentación válida que parece ser genuina. 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 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 migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas y represalias e intimidación.
Hay información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación a la hora de verificar el permiso para trabajar. Aprenda más sobre cómo la IER protege los derechos de los trabajadores en este video. Para más información sobre protecciones contra la discriminación en el empleo al amparo de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
Court Orders Remedy in Clean Water Act Case, Directs Individual and Company to Restore Sensitive Tidal Channels and MarshRead the Press Release
In a decision issued on December 9, the U.S. District Court for the Eastern District of California granted the request of the Justice Department to direct John Sweeney and his company, Point Buckler Club LLC, to restore sensitive tidal channels and marsh they unlawfully harmed. The court’s decision follows an earlier order dated Sept. 1, 2020, when the court found defendants committed “very serious” violations of the Clean Water Act associated with the construction of a nearly mile-long levee without a permit.
The defendants’ violations occurred on Point Buckler Island, an island in the greater San Francisco Bay that Sweeney had purchased in 2011. The Island’s tidal channels and marsh are part of the Suisun Marsh, the largest contiguous brackish water marsh remaining on the west coast of North America. The Island is located in a heavily utilized fish corridor and is critical habitat for several species of federally protected fish.
When Sweeney acquired the Island, nearly all of it functioned as a tidal channel and tidal marsh wetlands system. Beginning in 2014, without a permit, Sweeney excavated and dumped thousands of cubic yards of soil directly into the Island’s tidal channels and marsh. This unlawful conduct, the court found, eliminated tidal exchange, harmed aquatic habitat and adversely impacted water quality.
In its detailed remedial decision, the court concluded that restoration is the appropriate goal, and an injunction is necessary to achieve it.
“Point Buckler Island is part of a vital tidal ecosystem, and we are pleased that the court agreed that defendants must undo the damage they caused,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“This decision is a victory for the health of the San Francisco Bay and Sacramento Delta,” said Amy Miller, EPA’s Enforcement and Compliance Assurance Division Director for the Pacific Southwest Region. “We will remain diligent in ensuring vital local wetlands are protected from illegal dredging and filling activities.”
The case is styled United States of America v. John Donnelly Sweeney and Point Buckler Club, LLC, No. 2:17-cv-00112-KJM-KJN (E.D. Cal.). The court’s orders are available through the court’s website, www.caed.uscourts.gov.
Baltimore Businessman Sentenced to Prison for Employment Tax CrimesRead the Press Release
A Maryland man was sentenced today to three years in prison for not paying over employment taxes to the IRS on behalf of his company’s employees.
According to court documents and statements made in court, Jonas Purisch, of Baltimore, operated two employee staffing companies, Titan Staffing Network, Inc and Titan Services, LLC. Both companies provided workers for third-party manufacturing businesses in Maryland. As the owner and operator of the two companies, Purisch was responsible for withholding and paying over to the IRS employment taxes on behalf of their employees. Between March 2018 and March 2021, Purisch withheld but did not pay to the IRS more than $2 million in such taxes.
In April 2013, Purisch was convicted in the District of Maryland of filing a false individual income tax return and willful failure to file a tax return. He was sentenced to three months in prison for those offenses
In addition to the term of imprisonment, U.S. District Judge Richard D. Bennett ordered Purisch to serve three years of supervised release and to pay approximately $3.4 million in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Erek L. Barron for the District of Maryland made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorney Michael C. Vasiliadis of the Justice Department’s Tax Division prosecuted the case.
Associate Attorney General Vanita Gupta Issues Statement on 2021 FBI Hate Crimes in the United States StatisticsRead the Press Release
Associate Attorney General Vanita Gupta issued the following statement on the FBI’s announcement of the National Incident-Based Reporting System (NIBRS) 2021 Hate Crimes Statistics:
“The Justice Department is committed to prioritizing prevention, investigation and prosecution of hate crimes. The FBI’s 2021 Hate Crimes Statistics are a reminder of the need to continue our vigorous efforts to address this pervasive issue in America. The Justice Department continues to work with the nation’s law enforcement agencies to increase the reporting of hate crime statistics to the FBI to ensure we have the data to help accurately identify and prevent hate crimes. No one in this country should be forced to live their life in fear of being attacked because of what they look like, whom they love, or where they worship. The department will continue to use all of the tools and resources at our disposal to stand up to bias-motivated violence in our communities.”
This is the first year the annual hate crimes statistics are reported entirely through NIBRS. Compared to the previous crime data collection system, NIBRS collects significantly more detailed data for each individual criminal incident. Since 2016, the Justice Department has worked with law enforcement agencies to assist in their transition to reporting crime data through NIBRS, including allocating over $120 million in grants to support agencies’ transition.
As a result of the shift to NIBRS-only data collection, law enforcement agency participation in submitting all crime statistics, including hate crimes, fell significantly from 2020 to 2021. Law enforcement agencies that did not transition to reporting crime data through NIBRS were not able to submit hate crime statistics to the FBI. Several of the nation’s largest law enforcement agencies, as well as some states, did not make the transition to NIBRS in time to submit data prior to the reporting deadline, and are not included in the 2021 reported totals. As more agencies transition to the NIBRS data collection with continued support from the Justice Department, hate crime statistics in coming years will provide a richer and more complete picture of hate crimes nationwide.
Since January 2021, the Justice Department has taken a number of other actions in response to a rise in hate crimes and hate incidents. Some of these actions include:
- Aggressively investigating and prosecuting hate crimes. The department has charged more than 60 defendants in over 55 different cases and secured more than 55 convictions of defendants;
- Designating a Deputy Associate Attorney General as the Justice Department’s first-ever Anti-Hate Crimes Resources Coordinator;
- Designating the chief of the Criminal Section of the Civil Rights Division to serve in a role of facilitating the expedited review of hate crimes;
- Designating an inaugural Language Access Coordinator to improve knowledge, use and expansion of the Department of Justice’s language resources;
- Announcing that over the next year, all 94 U.S. Attorneys’ Offices will host a United Against Hate program to help improve the reporting of hate crimes by teaching community members how to identify, report and help prevent hate crimes, and to provide an opportunity for trust-building between law enforcement and communities;
- Elevating civil rights violations and hate crimes enforcement for prioritization among the FBI’s 56 field offices;
- Designating at least one Assistant U.S. Attorney as a Civil Rights Coordinator in every U.S. Attorneys’ Office;
- Facilitating FBI-hosted regional conferences across the country with state and local law enforcement agencies regarding federal civil rights and hate crimes laws to encourage reporting, strengthen relationships between law enforcement and local civil rights organizations, and build trust within the diverse communities they serve;
- Launching an FBI-led National Anti-Hate Crimes Campaign involving all 56 FBI field offices to encourage reporting. The campaign includes outdoor advertising, billboards and radio streaming in addition to social media;
- Revitalizing the Community Relations Service by, among other things, facilitating nearly a dozen Protecting Places of Worship forums to provide interfaith communities with resources and information on securing their places of worship, and to help faith leaders build relationships with law enforcement;
- Adding information to the department’s website on reporting hate crimes in 24 languages, including 18 of the most frequently spoken AAPI languages in the United States;
- Awarding close to $12 million in grant funding through programs to state and local partners to investigate and prosecute hate crimes and assist hate crime victims, including through the Matthew Shepard and James Byrd Jr. Hate Crimes Program to support state, local and Tribal law enforcement and prosecution agencies in their efforts to investigate and prosecute hate crimes, and in their outreach to and education of the public, victims and others on hate crimes; and
- With the Department of Education, issuing facts sheets addressing harassment and discrimination in school, including harassment based on COVID-19 related issues, harassment of LGBTQI+ students, and discrimination based on national origin and immigration status.
More information about the department’s response to hate crimes is available at https://www.justice.gov/hatecrimes. For more information on the department’s actions to combat hate crimes, click here.
Readout of U.S. Attorney General Merrick B. Garland’s Meeting with Colombian Minister of Justice Nestor Iván Osuna PatiñoRead the Press Release
U.S. Attorney General Merrick B. Garland met yesterday in Washington with Colombian Minister of Justice Nestor Iván Osuna Patiño.
In the meeting, Attorney General Garland and Criminal Division Assistant Attorney General Kenneth A. Polite, Jr. welcomed Minister Osuna on his first trip to the United States as a Colombian official and discussed the close bilateral relationship the Department has enjoyed for many years with the Colombian Ministry of Justice.
“We are grateful for the indispensable law enforcement relationship between the United States Department of Justice and the Colombian Ministry of Justice, and we will continue to find ways to build on our work together to disrupt and prosecute transnational crime, uphold the rule of law, and keep our communities safe,” said Attorney General Garland.
Attorney General Garland and Assistant Attorney General Polite thanked Minister Osuna for Colombia’s long-standing partnership in disrupting criminal drug trafficking, and the work Colombia has done combating transnational crime. The leaders also discussed the importance of expanding access to justice and pursuing environmental justice.
Attorney General Garland and Assistant Attorney General Polite also expressed their appreciation of the vital role the Colombian Ministry of Justice has in judicial assistance matters between the U.S. and Colombia.
Front row L to R: U.S. Assistant Attorney General Kenneth A. Polite Jr., Colombian Ambassador to the U.S. Luis Gilberto Murillo Urrutia, U.S. Attorney General Merrick B. Garland, Colombian Minister of Justice Nestor Iván Osuna Patiño, U.S. DOJ Judicial Attaché Jamie MickelsonNew Jersey Electronics Businessman Pleads Guilty to Filing False Tax ReturnRead the Press Release
A New Jersey man pleaded guilty yesterday to filing a false personal tax return, stemming from inaccurate information he deliberately provided to his company’s accountants.
According to court documents and statements made in court, Tiangang Zhuang, 49, formerly of Philadelphia, controlled and operated Pilestone Inc. and Golden Mermaid, Inc., both of which were involved in the development and sale of colorblind glasses, electronics, and cosmetics. From approximately 2017 to 2019, Zhuang supplied his accountants with false financial records that intentionally understated the gross receipts earned by Pilestone and Golden Mermaid. As a result, the accountants prepared corporate tax returns for both companies that underreported their income for each of these years. Because the business income earned by the two companies flowed through to Zhuang’s personal tax returns, by providing false information to the accountants he minimized the income and tax liability reported on his personal tax returns. For example, on his 2018 individual return Zhuang reported earning approximately $163,769 in taxable income, even though he knew he actually received more than $660,000 that year. In total, Zhuang caused a tax loss to the IRS of approximately $219,663.
Zhuang is scheduled to be sentenced on March 14, 2023. He faces a maximum penalty of three years in prison for filing a false tax return. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania made the announcement.
IRS-Criminal Investigation is investigating the case.
Assistant Chief Jorge Almonte and Trial Attorney Catriona M. Coppler of the Tax Division are prosecuting the case.
Justice Department’s Antitrust Division and the Office of the Inspector General of the Department of Health and Human Services Announce Partnership to Protect Health Care MarketsRead the Press Release
The Justice Department’s Antitrust Division and the Office of the Inspector General (OIG) of the Department of Health and Human Services (HHS) signed a memorandum of understanding (MOU) today. Strengthening the partnership between the two agencies will enable both to better protect health care consumers and workers from collusion, ensure compliance with laws enforced by OIG and the Antitrust Division, and promote competitive health care markets. This partnership also supports the objectives of the President’s Executive Order on Promoting Competition in the American Economy.
“Americans depend on competitive health care markets to meet their most basic needs,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Today’s MOU memorializes our shared commitment to protect patients from antitrust crime and other anticompetitive conduct, while ensuring uninterrupted access to health care products and services for patients who need them.”
“OIG’s mission is to protect the integrity of HHS programs and the health and welfare of the people served by those programs,” said Inspector General Christi A. Grimm of the Department of Health and Human Services. “We look forward to collaborating with the Antitrust Division to ensure that exclusions are imposed where appropriate and the people served by federal health care programs maintain access to health care products and services. Through this partnership, we will tackle unlawful behavior across the health care industry. This is an important moment in recognizing that protecting competition protects health care markets and ultimately benefits patients and Federal health care programs.”
The agencies share an interest in protecting federal health care programs and promoting competitive health care markets. Both agencies are charged with protecting the people served by federal health care programs who have been harmed or may be at-risk of being harmed by anticompetitive and unlawful conduct, with remedies including holding individuals or entities accountable for violations of the law, while preventing further harm to the health care system.
The MOU signed today by Assistant Attorney General Kanter and Inspector General Grimm announces new steps the agencies will take to strengthen their partnership. Through coordination in information sharing, enforcement activity, and training, the two agencies will strengthen the enforcement of federal laws, including the full force of OIG’s exclusion authorities and the antitrust laws enforced by the Justice Department’s Antitrust Division, while ensuring the continuity of health care products and services. In particular, this MOU will allow the two agencies to make referrals of potentially illegal activity to each other, as appropriate, and to coordinate on policy, strategy, and training.
OIG provides independent and objective oversight of HHS. OIG’s authorities come from the Inspector General Act, Social Security Act, Health Insurance Portability and Accountability Act, American Recovery and Reinvestment Act, Patient Protection and Affordable Care Act, and other statutes. OIG has the authority to exclude individuals and entities from federal health care programs for a variety of reasons, including certain violations of antitrust laws. Those that are excluded can receive no payment from Federal health care programs for any items or services they furnish, order, or prescribe. To ensure health care assets remain in the market and competition is preserved and enhanced, OIG and the Antitrust Division will work together to ensure orderly winding down or sales of assets by excluded health care entities or other actions as appropriate.
The Justice Department’s Antitrust Division is charged with promoting and protecting competition by enforcing the antitrust laws of the United States, including the Sherman Act, Clayton Act, and other related statutes.
Information about possible antitrust violations or potential anticompetitive activity should be reported to the Antitrust Division Citizen Complaint Center.
Information about potential fraud, waste, abuse, and mismanagement in the Department of Health and Human Services’ programs should be reported to the HHS-OIG Hotline.
INTERPOL Washington Warns Against INTERPOL ImpersonatorsRead the Press Release
INTERPOL Washington—the U.S. National Central Bureau (USNCB)—continues to receive reports of unauthorized persons purporting to be representatives of INTERPOL. Please be advised that neither INTERPOL nor the USNCB will reach out to individual citizens requesting any kind of information. INTERPOL and the USNCB only communicate with official law enforcement entities through closed channels.
Criminals are constantly refining the ways they use to trick victims into giving out confidential information. Social engineering fraud exploits a person’s trust in order to obtain money directly or obtain confidential information to enable a subsequent crime. Social media is the preferred channel but it is not unusual for contact to be made by telephone or in person.
The USNCB understands that fraudsters may call and email citizens requesting personal information allegedly related to INTERPOL cases. These are examples of social engineering fraud known as phishing, SMSing, and vishing whereby fake emails, texts, or telephone calls allegedly from legitimate sources are used to induce individuals to reveal personal or financial information.
The fraudsters often claim to be verifying information or offering protection to encourage the recipient to provide certain personal or financial information. Sometimes the communication will threaten criminal penalties for non-compliance. On several occasions, the perpetrators have contacted individuals posing as current and former INTERPOL and USNCB officials. Specific examples of these social engineering attempts can be found at INTERPOL’s website: Beware of scams using INTERPOL’s name.
“The USNCB is committed to protecting U.S. citizens from fraud. We work with the 195 member countries of INTERPOL every day to combat financial and other crimes worldwide. We will never ask for personal information. We only provide investigative support and secure communications between law enforcement authorities,” said USNCB Director Michael A. Hughes.
Individuals should never provide any personal or financial information to anyone claiming to represent INTERPOL or the USNCB. If an individual inadvertently provides personal or financial information during one of these contacts, that person should contact their local law enforcement agency as soon as possible to report the fraudulent activity.
For answers to questions about the USNCB, the public may refer to our website: INTERPOL Washington | Frequently Asked Questions (justice.gov). Information for law enforcement personnel who need to contact the USNCB is also available on our website: INTERPOL Washington | Services for Law Enforcement Agencies (justice.gov)
A component of the U.S. Department of Justice co-managed by the U.S. Department of Homeland Security, INTERPOL Washington—the U.S. National Central Bureau (USNCB)—is the designated U.S. representative to INTERPOL on behalf of the Attorney General. It serves as the national point of contact and coordination for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies.
Ex-Wall Street Trader Convicted of Fraud in Precious Metals Spoofing SchemeRead the Press Release
A federal jury in the Northern District of Illinois convicted a former trader at JPMorgan Chase and Credit Suisse today of fraud in connection with a spoofing scheme in the gold and silver futures markets.
According to court documents and evidence presented at trial, Christopher Jordan, 51, of Mountainside, New Jersey, was an executive director and trader on JPMorgan’s precious metals desk in New York from 2006 to 2009, and on Credit Suisse’s precious metals desk in New York in 2010. Between 2008 and 2010, Jordan placed thousands of spoof orders, i.e., orders that he intended to cancel before execution, to drive prices in a direction more favorable to orders he intended to execute on the opposite side of the market. Jordan engaged in this deceptive spoofing strategy while trading gold and silver futures contracts on the Commodity Exchange (COMEX), which is a commodities exchange operated by the CME Group. These deceptive orders were intended to inject false and misleading information about the genuine supply and demand for gold and silver futures contracts into the markets.
Jordan was convicted of wire fraud affecting a financial institution. He is scheduled to be sentenced at a later date and faces a maximum penalty of 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Four other former JPMorgan precious metals traders were previously convicted in related cases. In August 2022, Gregg Smith and Michael Nowak were convicted after trial in the Northern District of Illinois of wire fraud affecting a financial institution, commodities fraud, attempted price manipulation, and spoofing. In October 2018, John Edmonds pleaded guilty in the District of Connecticut to one count of commodities fraud and one count of conspiracy to commit wire fraud, commodities fraud, price manipulation, and spoofing. In August 2019, Christian Trunz pleaded guilty in the Eastern District of New York to one count of conspiracy to engage in spoofing and one count of spoofing. Smith, Nowak, Edmonds, and Trunz are awaiting sentencing.
In September 2020, JPMorgan admitted to committing wire fraud in connection with (1) unlawful trading in the markets for precious metals futures contracts and (2) unlawful trading in the markets for U.S. Treasury futures contracts and in the secondary (cash) market for U.S. Treasury notes and bonds. JPMorgan entered into a three-year deferred prosecution agreement pursuant to which it paid more than $920 million in criminal monetary penalties, criminal disgorgement, and victim compensation, with parallel resolutions by the Commodity Futures Trading Commission and the Securities Exchange Commission announced on the same day.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
The FBI New York Field Office investigated the case.
Trial Attorneys Matthew Sullivan, Lucy Jennings, and Christopher Fenton of the Criminal Division’s Fraud Section are prosecuting the case.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website at https://www.justice.gov/criminal-vns/case/jpmorgan-chase-co-deferred-prosecution-agreement for more information.
Two Individuals Arrested for Pharmacy Health Care Fraud Kickback SchemesRead the Press Release
Two New York women were arrested today on criminal charges related to their alleged participation in schemes to pay illegal kickbacks and bribes to Medicare beneficiaries and Medicaid recipients for medically unnecessary prescriptions filled by various pharmacies in New York that resulted in more than $10.5 million in total losses to Medicare and Medicaid.
“As alleged, the defendants repeatedly paid illegal bribes and kickbacks to be able to fill medically unnecessary prescriptions at pharmacies in Brooklyn and Queens, costing Medicare and Medicaid millions of dollars,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Together with our partners, the department is committed to tackling these illicit relationships that defraud federal health care programs designed to assist some of our most vulnerable citizens.”
According to court documents and proceedings, Hua Huang, 47, of Fresh Meadows, and Huiling Wu, 40, of Brooklyn, were separately charged by complaint for their roles in schemes to defraud Medicare and Medicaid through the submission of claims for prescription drugs that were induced by illegal health care kickbacks and bribes at three pharmacies in Brooklyn and Queens.
“The payment of kickbacks in Medicare serves only to enrich the complicit parties at the jeopardy of the program’s integrity and the expense of the taxpayers,” said Acting Special Agent in Charge Susan A. Frisco of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our agency and law enforcement partners remain strong in our resolution to investigate and pursue individuals who allegedly operate counter to laws protecting federal health care programs.”
Huang was an employee of NY Elm Pharmacy Inc. (NY Elm), located in Flushing. She allegedly referred an individual to a podiatrist who signed prescriptions – including for durable medical equipment and Diclofenac Epolamine – that NY Elm and other entities with common ownership then billed to Medicare and Medicaid. Huang provided the individual with supermarket gift certificates for each prescription brought to the pharmacy and also provided the individual with cash in exchange for the individual’s monthly insurance allowance for over-the-counter products. Federal law enforcement agents executed a search of NY Elm concurrent with Huang’s arrest.
Wu was an owner and employee of 888 Pharmacy Inc. (888 Pharmacy), located in Brooklyn. She allegedly referred an individual to specific podiatrists who signed prescriptions that 888 Pharmacy then billed to Medicare and Medicaid. Wu provided the individual with store credit for each prescription brought to 888 Pharmacy. She also provided the individual with supermarket gift certificates in exchange for the individual’s monthly insurance allowance for over-the-counter products. Federal law enforcement agents executed a search of 888 Pharmacy concurrent with Wu’s arrest. Two additional pharmacies were searched, one in Brooklyn and one in Hawaii.
“The defendants allegedly participated in schemes designed to defraud Medicare and Medicaid through a coordinated system of kickbacks and bribes for unnecessary prescriptions,” said Assistant Director in Charge Michael J. Driscoll of the FBI York Field Office. “The FBI along with our law enforcement partners remain resolute in our efforts to protect government sponsored health care programs designed to aid members of our community in need. Individuals willing to scam these programs will be held accountable for their actions in the criminal justice system.”
If convicted, Huang and Wu each face a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The HHS-OIG and FBI New York Regional Offices are investigating the case.
Trial Attorney Patrick J. Campbell and Assistant Chief Miriam Glaser Dauermann of the Criminal Division’s Health Care Fraud Strike Force 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.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Illinois Men Charged in Fraudulent Payment Processing SchemeRead the Press Release
A federal grand jury in Chicago returned an indictment charging two Illinois men with bank fraud in connection with payment processing companies they operated.
According to court documents, Michael D’Ambrose, 62, of Chicago, and Scott Apgar, 43, of Roscoe, operated a group of payment processing companies that deposited checks on behalf of merchant-clients. The checks typically were “remotely created checks” (RCCs), which were not signed by the account holder whose account was debited.
The indictment alleges that D’Ambrose and Apgar deceived banks about the nature of the payment processing companies’ business and financial transactions in order to open and maintain bank accounts and to allow for the processing of tens of millions of dollars of RCCs, which were purportedly authorized by consumers.
D’Ambrose and Apgar allegedly used those bank accounts to deposit RCCs on behalf of merchant clients despite warning signs of fraud, including indications that merchant-clients were initiating unauthorized debits from the accounts of purported customers. As alleged in the indictment, the warning signs of fraud included consumer complaints and law enforcement and bank inquiries about unauthorized debits. The indictment further alleges that D’Ambrose and Apgar intentionally recruited clients that were having difficulty finding and keeping payment processing services elsewhere and, when seeking clients, touted their companies’ low standards for accepting clients.
According to the indictment, D’Ambrose and Apgar fraudulently manipulated the rates of returned deposits associated with the payment processing companies’ accounts. They allegedly did so by making small-dollar deposits known as micro-transactions, which increased the volume of deposits in an account, thereby causing the percentage of returned RCCs to appear smaller than it actually was. The defendants also allegedly submitted to banks documents that defendants knew contained false and fraudulent information about the nature of the payment processing companies’ operations.
Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, U.S. Attorney John R. Lausch Jr. for the Northern District of Illinois, Acting Inspector in Charge Kai Pickens of the U.S. Postal Inspection Service Chicago Division and Special Agent in Charge Kathy A. Enstrom of the Federal Deposit Insurance Corporation-Office of Inspector General, Chicago Regional Office, made the announcement.
The indictment charges D’Ambrose and Apgar with 16 counts of bank fraud. If convicted, the defendants face a maximum term of imprisonment of 30 years for each count of bank fraud. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Postal Inspection Service and Federal Deposit Insurance Corporation-Office of Inspector General are investigating the case.
Trial Attorneys Daniel Zytnick and Timothy Finley of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Edward A. Liva Jr. for the Northern District of Illinois 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.
New Jersey Business Owner Sentenced to Five Years of Incarceration for Defrauding over 75 Victims of More Than $2.7 Million in Nationwide Scheme to Sell Fraudulent Coronavirus Disinfectant ProductsRead the Press Release
A New Jersey man was sentenced in connection with charges stemming from his sale of more than $2.7 million worth of unregistered pesticides to numerous victims based on false representations that these products were pesticides registered with the Environmental Protection Agency (EPA), and on EPA’s “List N: Disinfectants for Use Against SARS-CoV-2” that EPA deemed to be effective against SARS-CoV-2 (Coronavirus).
Paul Andrecola, 63, of Maple Shade, New Jersey, was sentenced to five years in prison and three years of supervised release and forfeiture of $2.74 million by U.S. District Court Judge Robert B. Kugler in Camden. Andrecola had previously been charged with one count of knowingly distributing or selling an unregistered pesticide in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), one count of wire fraud and one count of presenting false claims to the United States.
“The defendant committed a brazen fraud in the midst of a global pandemic and sought to profit from people’s fears of contracting the coronavirus,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This sentence shows that these crimes are serious and will be vigorously prosecuted by the Department of Justice.”
“Paul Andrecola’s scheme profited on the fears of the American people during the height of concerns about transmission of COVID-19,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Our office is dedicated to protecting public health and prosecuting to the full extent of the law fraudsters who commit such egregious criminal acts.”
“Today’s sentence holds the defendant accountable for perpetrating the largest pandemic fraud case related to the sale of unregistered pesticides charged nationwide,” said Special Agent in Charge Tyler Amon of EPA’s Criminal Investigation Division in New Jersey. “This case underscores EPA’s commitment to hold violators accountable for placing the public at risk by failing to ensure the integrity and safety of their products.”
FIFRA provides for federal regulation of pesticide distribution, sale and use. The purpose of FIFRA is to ensure that pesticides sold in the United States are safe, effective and bear labeling containing true and accurate information. The EPA has responsibility under FIFRA to regulate the manufacture, labeling and distribution of all pesticides shipped or received in interstate commerce.
Under FIFRA, all pesticides must be registered with the EPA before the pesticide can be sold or distributed, and no person may distribute or sell a pesticide that has not been registered with the EPA. Moreover, before pesticide products can legally make claims that they can kill a particular pathogen such as SARS-CoV-2, the claim must be authorized by EPA based on a review of data. In March 2020, at the beginning of the global pandemic, the EPA created a list of EPA-registered products that it deemed to be effective against SARS-CoV-2, titled “List N: Disinfectants for Use Against SARS-CoV-2.” The EPA has continued to update this list since its creation.
According to documents filed in this case, and statements made in court:
Andrecola, who owns and operates three companies based in Mount Laurel, New Jersey, manufactured various disinfectant products, including liquids and wipes, under the brand name “GCLEAN.” GCLEAN products were unregistered pesticides under FIFRA and none of the products were on EPA’s “List N of Disinfectants for Use Against SARS-CoV-2.” Rather, Andrecola placed another company’s EPA Registration Numbers on his company’s products, and falsely marketed that his products were EPA-approved to kill Coronavirus by creating numerous false documents to support his claims. Specifically, Andrecola, or others at his behest, provided this falsified documentation to potential customers, falsely representing that various sanitizer and wipe products in the names GCLEAN and/or GC200 were EPA-registered products on EPA’s “List N: Disinfectants for Use Against SARS-CoV-2,” to persuade them to purchase the unregistered pesticide products.
From approximately March 2020 through May 2021, Andrecola used these fraudulent representations to make more than 150 sales of unregistered pesticides for a profit of more than $2.7 million. The purchasers of these unregistered pesticides included a police department in Delaware, a fire department in Virginia, a medical clinic in Georgia, a janitorial supply company in New York, a school district in Wisconsin, as well as numerous U.S. government agencies (namely, the U.S. Marshal’s Service, Moody Air Force Base, the Department of Veterans Affairs and the U.S. Forest Service).
The government is represented by Trial Attorneys Adam C. Cullman and Matthew D. Evans of ENRD’s Environmental Crimes Section and Special Assistant U.S. Attorney Jason P. Garelick for the District of New Jersey, Economic Crimes Unit in Newark.
EPA’s Criminal Investigation Division investigated the case, with assistance from EPA’s Office of the Inspector General, Eastern Region; the Homeland Security Investigations Newark Field Office; the Defense Criminal Investigative Service Northeast Field Office; the Naval Criminal Investigative Service Northeast Field Office and the Mount Laurel Police Department.
Jury Convicts Former Federal Prison Warden for Sexual Abuse of Three Female InmatesRead the Press Release
A federal jury convicted former prison warden Ray J. Garcia of seven counts involving sexually abusive conduct against three female victims who were serving prison sentences and one count of making false statements to government agents.
Garcia, 55, of Merced, California, was initially charged with sexual abuse of an inmate on Sept. 24, 2021. A federal grand jury issued a superseding indictment on Aug. 23, 2022, charging Garcia with three counts of sexual abuse and four counts of abusive sexual contact against three female inmates. The criminal acts were alleged to have occurred from December 2019 to July 2021. The superseding indictment also charged Garcia with one count of making false statements to a government agency during the investigation of the criminal acts.
Today, a jury convicted Garcia of all counts.
“Today’s guilty verdict is one important step in our ongoing efforts to root out sexual misconduct within the Bureau of Prisons,” said Deputy Attorney General Lisa O. Monaco. “It also delivers justice to the victims in this case, who were repeatedly subjected to the defendant’s egregious sexual abuse and gross exploitation of power. As this verdict illustrates, the Department of Justice is committed to prosecuting cases of criminal misconduct by Bureau employees and to holding accountable all who violate their duty to protect those in their custody.”
“The evidence presented at trial demonstrated that FCI Dublin’s former warden, whose responsibility was not only to assure the care and welfare of individuals incarcerated at his institution but also to demonstrate to employees that unethical and illegal conduct from prison officials would not be tolerated, used his authority instead to prey sexually upon female inmates under his control,” said U.S. Attorney Stephanie M. Hinds. “The jury heard the evidence of these despicable acts, and its guilty verdicts hold the former warden accountable for his crimes. I thank the DOJ OIG and the FBI for their hard work on this case and the jury for its service and attentiveness to the evidence we presented.”
“Garcia exploited his authority, sexually abused three inmates, repeatedly lied to try to cover up his crimes, and fostered a culture of abuse at FCI Dublin. The Department of Justice Office of the Inspector General will continue to bring to justice any BOP employee who abuses inmates,” said Inspector General Michael E. Horowitz.
“Today, a jury convicted Ray J. Garcia of abusing his position at FCI Dublin to sexually abuse three female victims who were incarcerated and placed in his care. He betrayed his responsibility and the public’s trust,” said Special Agent in Charge Robert K. Tripp of the FBI San Francisco Field Office. “The FBI is committed to protecting the civil rights of all victims, and hold accountable individuals in positions of trust who violate those rights under the color of law.”
Trial evidence showed that Garcia was employed as an associate warden and later as the warden of the Federal Correctional Institute in Dublin, Calif. (FCI Dublin), an all-female low security federal correctional institution. All three of the victims were incarcerated and serving their prison sentences at FCI Dublin under the custodial, supervisory and disciplinary authority of Garcia when the crimes occurred.
The jury convicted Garcia of three counts sexual abuse and one count of sexually abusive contact against an inmate referred to as Victim 1. Trial evidence showed that Garcia’s sexual abuse and abusive sexual contact against Victim 1 began in December 2019 and extended through March 2020. During this time period, Garcia would encounter Victim 1 in and around the prison visitation room, including in an attached bathroom and an inmate changing stall. In these areas, Garcia would engage in sexual contact with Victim 1.
Garcia was also convicted of two counts of abusive sexual contact with Victim 2, both acts occurring in the time period of January to July 2021. Trial evidence showed that the acts occurred in a warehouse within the prison grounds and also in Victim 2’s prison cell. These areas, generally out of the immediate view of others, were where Garcia would engage in abusive sexual contact with Victim 2.
The jury also convicted Garcia of abusive sexual contact with Victim 3 during the period of March to September 2020. Garcia engaged in this sexual contact of Victim 3 in the prison’s electrical shop.
The jury lastly convicted Garcia of making false statements to a government agency on July 22, 2021. On that date, Garcia was interviewed by government law enforcement agents during the investigation of his sexual conduct with inmates. Evidence at trial showed that Garcia falsely claimed he had never asked inmates to be undressed for him at a specific time and that had he never touched an inmate inappropriately. Trial evidence showed that Garcia had already asked multiple inmates to undress for him and had also touched Victim 1, Victim 2 and Victim 3 in a sexual manner.
Garcia was convicted of three counts of sexual abuse of a ward, and each count carries a maximum term of imprisonment of 15 years. The jury convicted Garcia of four counts of abusive sexual conduct, and each count carries a maximum term of two years imprisonment. The jury also convicted Garcia of making false statements to a government agency, which carries a maximum sentence of eight years' imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. District Judge Yvonne Gonzalez Rogers, who presided over the trial, set a sentencing date for March 8, 2023. Garcia remains out of custody pending his sentencing hearing.
Deputy Attorney General Monaco, U.S. Attorney Stephanie, Inspector General Michael E. Horowitz and Special Agent in Charge Tripp made the announcement.
DOJ-OIG and the FBI are investigating the case.
Assistant U.S. Attorneys Molly Priedeman and Andrew Paulson for the Northern District of California, with the assistance of Madeline Wachs, Leeya Kekona and Sara Slattery are prosecuting the case.
Undécimo acusado se declara culpable en una estafa de $15 millones contra inmigrantes hispanohablantes en los EE. UU.Read the Press Release
Un hombre de California se declaró hoy culpable por conspirar con centros de atención telefónica con sede en Perú que estafaban a residentes estadounidenses de habla hispana amenazándolos falsamente con arrestarlos, deportarlos y otras consecuencias legales.
Según los documentos judiciales, Luis Rendón, de 60 años y residente en Harbor City (California), dirigía un centro de distribución que ayudaba a los operadores del centro de atención telefónica a ejecutar su plan de fraude desde Perú. Con la declaración de culpabilidad de Rendón, ya son once los acusados que se han declarado culpables en relación con un plan de fraude transnacional por $15 millones cuyo objetivo era estafar a residentes hispanohablantes de los EE. UU. amenazándolos fraudulentamente con consecuencias legales si no pagaban por productos de aprendizaje de inglés que nunca solicitaron o abonaban falsas tarifas de conciliación. Más de 30,000 hispanohablantes residentes en los Estados Unidos fueron estafados.
En total, los once acusados incluyen siete propietarios-operadores de centros de atención telefónica peruanos y cuatro operadores de centros de distribución que procesaron pagos y facilitaron el fraude en los Estados Unidos. Muchos de los acusados colaboraron y compartieron estrategias sobre cómo estafaron a los residentes hispanohablantes de los Estados Unidos.
Siete de los acusados fueron extraditados de Perú y se declararon culpables ante un tribunal federal por conspiración para cometer fraude postal y electrónico, y recibieron importantes sentencias de prisión. El juez de distrito de los EE. UU., Robert N. Scola, Jr., condenó a Henrry Milla, Carlos Espinoza, Jerson Renteria, Fernan Huerta, Omar Cuzcano, Evelyng Milla y Josmell Espinoza a penas de entre 88 y 110 meses de prisión.
“Estos casos demuestran que la Subdivisión de Protección al Consumidor del Departamento de Justicia perseguirá y enjuiciará enérgicamente a los delincuentes transnacionales que estafan a los consumidores estadounidenses vulnerables”, declaró Brian M. Boynton, fiscal general adjunto principal de la División Civil del Departamento de Justicia. “Las personas que estafen a nuestras comunidades de inmigrantes serán llevadas ante la justicia y rendirán cuentas ante los tribunales estadounidenses”.
“Nuestros casos con la Subdivisión de Protección al Consumidor demuestran que el largo brazo de la justicia no tiene límites cuando se trata de alcanzar a los estafadores que se aprovechan de las poblaciones más vulnerables de nuestra nación”, declaró el fiscal federal del distrito sur de Florida, Juan Antonio Gonzalez. “Seguiremos llevando ante la justicia estadounidense a los delincuentes transnacionales que utilizan tácticas de miedo e intimidación para robar dinero a inmigrantes, ancianos y otras personas que viven en este país”.
“Durante muchos años, el Servicio de Inspección Postal de los EE. UU. y sus socios de las fuerzas del orden han investigado y perseguido a redes delictivas internacionales que tenían como objetivo robar a los consumidores estadounidenses el dinero que tanto les había costado ganar”, declaró el inspector en funciones Juan A. Vargas, de la División de Miami del Servicio de Inspección Postal de los EE. UU. “El Servicio de Inspección Postal de los EE. UU., junto con la Subdivisión de Protección al Consumidor del Departamento de Justicia y la Fiscalía General de los EE. UU., seguirá persiguiendo agresivamente a estos delincuentes para garantizar que sean procesados con todo el peso de la ley”.
Según los documentos judiciales, Rendón era propietario y operador de International Latin Market (“ILM”), un centro de distribución con sede en California que facilitó el plan de fraude de telemercadeo y extorsión a gran escala desde 2011 hasta finales de 2017. Rendón colaboró en el plan al facilitar listas de posibles víctimas a los centros de atención telefónica de Perú, procesar pagos con tarjeta de las víctimas y enviar tabletas informáticas de baja calidad precargadas con cursos de inglés a las víctimas de la zona de Miami y de todos los Estados Unidos.
Rendón, al igual que los demás acusados que se declararon culpables antes que él en esta investigación, admitió que los centros de atención telefónica y sus empleados afirmaban falsamente ser abogados, funcionarios judiciales, agentes federales y representantes de un supuesto “tribunal de delitos menores”, que no existe. Las personas que llamaban amenazaban falsamente a las víctimas con procesos judiciales, marcas negativas en sus informes crediticios, encarcelamiento y consecuencias migratorias si no pagaban inmediatamente los productos supuestamente entregados y las tarifas de conciliación.
Ángel Adrianzen, otro cómplice que operaba un centro de distribución con sede en los EE. UU. que ayudó a otro grupo de centros de atención telefónica peruanos fraudulentos, se declaró culpable de cargos similares en 2020. Adrianzen ayudó a sus cómplices a establecer y dotar de personal a centros de atención telefónica que estafaban a residentes de habla hispana de los Estados Unidos. El juez Scola condenó a Adrianzen a 121 meses de prisión.
Rendón será sentenciado el 16 de febrero de 2023 ante la jueza de distrito de los EE. UU., Patricia A. Seitz, en Miami. Se enfrenta a una pena máxima de 20 años de prisión.
El Servicio de Inspección Postal de los EE. UU. y la Subdirección de Protección al Consumidor investigaron el caso. El abogado litigante principal Phil Toomajian y el abogado litigante Max Goldman, de la Subdivisión de Protección al Consumidor, llevan los casos, y la fiscal adjunta Annika Miranda está encargada de la confiscación de bienes. La Comisión Federal de Comercio, la Oficina de Asuntos Internacionales del Departamento de Justicia, la Fiscalía de los EE. UU. del Distrito Sur de Florida, el Servicio de Seguridad Diplomática del Departamento de Estado y la Policía Nacional de Perú prestaron una ayuda fundamental.
El Departamento de Justicia sigue investigando y presentando cargos en otros asuntos similares relacionados con amenazas contra residentes hispanohablantes de los Estados Unidos. Si usted o alguien que conoce tiene 60 años o más y ha sido víctima de un fraude financiero, puede obtener ayuda en la Línea Directa Nacional Contra el Fraude a Personas Mayores: 1-833-FRAUD-11 (1-833-372-8311).
Encontrará más información sobre la Subdivisión de Protección al Consumidor y sus actividades de lucha contra el fraude en www.justice.gov/civil/consumer-protection-branch.
Three Health Care Providers Agree to Pay $22.5 Million for Alleged False Claims to California’s Medicaid ProgramRead the Press Release
Dignity Health (Dignity), a not-for-profit health system that owns and operates three hospitals and one clinic in Santa Barbara County and San Luis Obispo County, California, and Twin Cities Community Hospital (Twin Cities) and Sierra Vista Regional Medical Center (Sierra Vista), two acute healthcare facility subsidiaries of Tenet Healthcare Corporation operating in San Luis Obispo County, California, have agreed to pay a total of $22.5 million pursuant to two separate settlements to resolve allegations that they violated the federal False Claims Act and the California False Claims Act by causing the submission of false claims to Medi-Cal related to Medicaid Adult Expansion under the Patient Protection and Affordable Care Act (ACA).
Pursuant to the ACA, beginning in January 2014, Medi-Cal was expanded to cover the previously uninsured “Adult Expansion” population – adults between the ages of 19 and 64 without dependent children with annual incomes up to 133% of the federal poverty level. The federal government fully funded the expansion coverage for the first three years of the program. Under contracts with California’s Department of Health Care Services (DHCS), if a California county organized health system (COHS) did not spend at least 85% of the funds it received for the Adult Expansion population on “allowed medical expenses,” the COHS was required to pay back to the state the difference between 85% and what it actually spent. California, in turn, was required to return that amount to the federal government.
The two settlements resolve allegations that Dignity, Twin Cities and Sierra Vista knowingly caused the submission of false claims to Medi-Cal for “Enhanced Services” that Dignity purportedly provided to the Adult Expansion patients of a COHS between Feb. 1, 2015, and June 30, 2016, and that Twin Cities and Sierra Vista purportedly provided to such patients between Jan. 1, 2014, and April 30, 2015. The United States and California alleged that the payments were not “allowed medical expenses” permissible under the contract between DHCS and the COHS; were pre-determined amounts that did not reflect the fair market value of any Enhanced Services provided; and/or the Enhanced Services were duplicative of services already required to be rendered. The United States and California further alleged that the payments were unlawful gifts of public funds in violation of the California Constitution.
As a result of the settlements, Dignity will pay $13.5 million to the United States and $1.5 million to the State of California, and Twin Cities and Sierra Vista will pay $6.75 million to the United States and $750,000 to the State of California.
“When health care providers misuse Medicaid funds, they undermine the integrity of the Medicaid program and waste taxpayer funds,” said Deputy Assistant Attorney General Michael D. Granston of the Justice Department’s Civil Division. “These settlements demonstrate the Department’s continued commitment to prevent providers from inappropriately using Medicaid or other federal health care programs for their own financial gain.”
“These health care providers siphoned critical Medicaid funding for their own gain instead of using it to provide health care services to patients most in need,” said U.S. Attorney Martin Estrada for the Central District of California. “These major settlements demonstrate our commitment to hold accountable health care providers that seek to exploit the Medicaid program and harm the American taxpayer.”
“Every day, Medi-Cal provides support for Californians in need of essential healthcare, and when companies take advantage of this system at the expense of patients, they must be held accountable,” said Attorney General Rob Bonta. “I want to express my gratitude to the U.S. Department of Justice and the U.S. Attorney’s Office in Los Angeles for their extensive efforts throughout the course of this investigation. The California Department of Justice will continue to prosecute corporations that seek to abuse the Medi-Cal system for their own benefit.”
“Bad actors who target and exploit Medicaid for unlawful profit drain the program of much-needed funds intended to support the health and safety of our nation’s individuals who need these resources the most,” stated Special Agent in Charge Timothy B. DeFrancesca of the Department of Health and Human Services. “HHS-OIG readily applies our investigative aptitude to, with our law enforcement partners, pursue providers suspected of defrauding this and other federal health care programs.”
The civil settlements include the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Julio Bordas, the former medical director of the COHS that contracted with Dignity, Twin Cities, and Sierra Vista for the provision of health care services under Medi-Cal. Under the act, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States and State of California ex rel. Bordas v. Dignity Health and Tenet Healthcare Corporation, et al. (C.D. Cal.). Mr. Bordas will receive $3.9 million as his share of the federal recovery.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the Central District of California and the California Department of Justice, with assistance from HHS-OIG and DHCS.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
Trial Attorneys Mary Beth Hickcox-Howard and Tiffany Ho of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Jack D. Ross for the Central District of California handled this case.
The claims resolved by the settlements are allegations only and there has been no determination of liability.
Seven Alabama Residents Sentenced for Felony Violations of the Animal Welfare Act, Ending One of the Largest Cockfighting Operations in the CountryRead the Press Release
A seventh and final Verbena, Alabama, resident was sentenced yesterday for violating the Animal Welfare Act’s prohibition against animal fighting ventures in connection with an expansive cockfighting operation. This marks the end of a week of sentencings in which the court held four Alabama residents accountable for their roles in operating a large-scale cockfighting arena (cockfighting pit) and massive fighting-bird breeding businesses, and for conspiring to violate the Animal Welfare Act and to operate an illegal gambling business. The court determined that the illegal conduct involved animal fighting on an “exceptional scale” and imposed sentences which reflect the unusual cruelty of a business model that relies on the death or injury of thousands of birds for entertainment and profit.
The court issued the following sentences for four defendants who pleaded guilty to multiple felonies on Aug. 5:
- On Dec. 6, George William “Billy” Easterling, 56, was sentenced to 22 months in prison followed by one year of supervised release for violating the Animal Welfare Act’s prohibition against animal fighting and for conspiring with others to violate the Act in connection with the cockfighting pit and the Swift Creek Gamefarm fighting-bird breeding operation.
- On Nov. 30, Brent Colon Easterling, 38, was sentenced to 24 months in prison followed by one year of supervised release for violating the Animal Welfare Act’s prohibition against animal fighting and for conspiring with others to violate the Act in connection with the cockfighting pit and the L&L Gamefarm fighting-bird breeding operation.
- On Nov. 30, William “Tyler” Easterling, 30, was sentenced to 20 months in prison followed by one year of supervised release for violating the Animal Welfare Act’s prohibition against animal fighting and for conspiring with others to violate the Act in connection with the cockfighting pit and the Swift Creek Gamefarm fighting-bird breeding operation.
- On Nov. 30, William Colon “Jim” Easterling, 77, was sentenced to two years of home detention — rather than incarceration which the court determined would be “extremely detrimental” to his declining health — and a fine of $8,000 for violating the Animal Welfare Act’s prohibition against animal fighting ventures and for conspiring with others to violate the Act and to operate an illegal gambling business in connection with the cockfighting pit.
Three other residents of Verbena, Alabama, who are also members of the Easterling family, pleaded guilty on June 3 to conspiring to violate the Animal Welfare Act or to a substantive violation of the Act. On Oct.13, the following individuals were sentenced:
- Kassi Brook Easterling, 39, was sentenced to two years of probation, including six months of home detention, for conspiring with others to violate the Animal Welfare Act’s prohibition against animal fighting ventures, including the sale of cockfighting knives, and for her involvement with the L&L Gamefarm fighting-bird breeding operation.
- Amber Nicole Easterling, 25, was sentenced to one year of probation for her involvement with the cockfighting pit.
- Thomas Glyn “Junior” Williams, 34, was sentenced to one year of probation for his involvement with the cockfighting pit and the Swift Creek Gamefarm fighting-bird breeding operation.
“As these sentences vividly show, the Department of Justice will continue to hold accountable those who encourage and profit from forcing animals to fight each other for human entertainment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“These sentences demonstrate the importance of enforcing the Animal Welfare Act to ensure the humane treatment of animals and prohibit cruel practices such as cockfighting,” said U.S. Attorney Sandra Stewart for the Middle District of Alabama.
“The U.S. Department of Agriculture Office of Inspector General (USDA-OIG) actively investigates allegations of animal abuse and any associated gambling activities,” said Special Agent in Charge Jason Williams of the USDA-OIG. “This agency has made animal fighting a high priority to demonstrate that these blatant acts of cruelty to animals will not be tolerated. We would like to thank the Justice Department for aggressively prosecuting perpetrators of animal fighting and our federal, state and local law enforcement partners for assisting in enforcing these federal statutes.”
According to court documents and information in the public record, from at least January 2018 through June 11, 2021, illegal cockfighting events were held at the cockfighting pit, which consisted of an arena with stadium-style seating for approximately 150 people which faced several cockfighting pits and several nearby outbuildings including a merchandise stand. The illegal derbies involved a series of cockfights in which at least two or more roosters fought each other, each with a sharp blade attached to its leg. These fights were conducted for the purpose of sport, wagering and entertainment. Participants were charged expensive fees to enter their birds in the derbies – such as $1,500 to fight seven roosters – and told what weapons to strap to the roosters’ legs, such as short knives, long knives or spurs. Consistent with his plea agreement, William Colon Easterling dismantled and destroyed the entire cockfighting arena and associated outbuildings.
Near the cockfighting pit, members of the Easterling family ran two large fighting-bird breeding businesses known as Swift Creek Gamefarm and L&L Gamefarm at which thousands of birds were bred and sold to be used in fights between two or more birds for the purposes of sport, wagering or entertainment.
Combined, the seven convicted members of the Easterling family helped run one of the largest cockfighting enterprises in the country. With the help of six of his family members, Jim Easterling owned and operated the cockfighting pit for many years, even enlisting his granddaughter, Amber Easterling, to sell weapons used to kill birds in cockfights at the merchandise stand. Brent Easterling was one of the most widely-known fighting-bird breeders in the country, running L&L Gamefarm with his wife Kassi Easterling and charging $1,500 for three chickens because they were birds of select fighting pedigrees. Brent Easterling also promoted the cockfights at his father’s, Jim, cockfighting pit. Tyler Easterling helped his father, Billy Easterling, operate a vast fighting-bird breeding business known as Swift Creek Gamefarm where they employed their in-law, Junior Williams, and others to help maintain and ship fighting birds. Tyler Easterling also promoted several cockfights at his grandfather’s, Jim, cockfighting pit.
The USDA-OIG and Homeland Security Investigations investigated the case with assistance from the U.S. Postal Inspection Service. The Alabama Law Enforcement Agency and the Greenville County Sheriff’s Office in South Carolina provided invaluable assistance to federal law enforcement officers.
Trial Attorney Leigh Rendé and Senior Trial Attorney Gary Donner of the Environment and Natural Resources Division’s Environmental Crimes Section and First Assistant U.S. Attorney Jonathan Ross for the Middle District of Alabama prosecuted the case.
Fraudster Sentenced to 82 Months in Federal Prison for Identity and Bank Fraud SchemeRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Evan Daniel Montvel-Cohen, age 55 from Tamuning, Guam, was sentenced to 82 months imprisonment by the District Court of Guam. Montvel-Cohen was charged with Use of a Means of Identification in Furtherance of Fraud, in violation of 18 U.S.C. § 1028(a)(7), and Bank Fraud, in violation of 18 U.S.C. § 1344. The Court also ordered 5 years of supervised release, a mandatory $200 special assessment fee and restitution in the amount of $74,826.67.
From November 2019 until January 2020, Montvel-Cohen engaged in a scheme to defraud a property management company in Guam by using the name and personal identification of another person in order to enter into a residential lease agreement. Montvel-Cohen used an altered image of his Guam driver’s license, with another person’s name and date of birth, and digitally signed a lease agreement using an e-mail address created in the victim’s name. He then possessed and occupied a residential unit belonging to the property management company, bounced rent and deposit checks, and never paid any of the rental or deposit fees owed. This resulted in a loss of nearly $20,000.00.
From about July 31, 2018, until about August 18, 2018, Montvel-Cohen also engaged in a scheme to defraud the Bank of Guam, a federally insured financial institution. Montvel-Cohen deposited a $45,010.00 check from a jointly owned Bank of Hawaii account into a jointly owned Bank of Guam account. On August 1, 2018, he caused a stop payment order to be placed on the Bank of Hawaii check. On August 3, 2018, Montvel-Cohen and others caused funds to be transferred from the Bank of Guam account in the amount of $39,356.05. Because of the stop payment order, the Bank of Hawaii check was returned, resulting in a loss to Bank of Guam in the amount of $39,356.05.
At sentencing, the Court found by clear and convincing evidence that the Defendant engaged in long series of similar frauds and schemes over a multi-year period resulting in actual and intended losses of over $1.5 million dollars.
“Montvel-Cohen has a lengthy history of fraud, which has left a trail of victims throughout the United States,” stated U.S. Attorney Anderson. “Hopefully the sentence imposed by the Court will deter him from reoffending. I applaud the diligent efforts of the FBI in bringing this defendant to justice.”
"Fraud and identity theft are devastating to those who fall victim to these crimes," said FBI Special Agent in Charge Steven Merrill. "Many don't even know they are affected until it is too late. The FBI will spare no effort or resource when investigating those responsible."
The case was investigated by the Federal Bureau of Investigation and prosecuted by Benjamin K. Petersburg, Assistant U.S. Attorney in the District of Guam.
Former Prisoner Transport Officer Pleads Guilty to Sexually Assaulting and Kidnapping Male DetaineeRead the Press Release
Former prisoner transport officer, Dewayne Dudley, 56, pleaded guilty in federal court in the Northern District of Oklahoma to violating a male detainee’s civil rights by sexually assaulting and kidnapping him.
“Sexual assaults carried out by law enforcement officials at any stage of the criminal justice process, including in the transport of detainees held in custody, have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to investigate and prosecute law enforcement officials who abuse their power and authority.”
“Dewayne Dudley is a predator who used his authority and position to control and violate the victim. He abandoned his ethical responsibilities and has been held accountable,” said U.S. Attorney Clinton J. Johnson for the Northern District of Oklahoma. “The Justice Department and U.S. Attorney’s Offices across the nation are committed to upholding the Constitutional rights of all citizens. Civil rights abuses will be fully investigated and perpetrators will be brought to justice.”
“Dewayne Dudley exploited his position of authority when he cruelly assaulted a detainee he was charged to protect,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office. “Today’s guilty plea demonstrates the FBI’s commitment to preserving trust in law enforcement. We will not tolerate public officials who violate the constitutional rights of our citizens.”
According to the plea agreement, at the time of the offense, Dudley worked as a prisoner transport officer for Blue Raven Services. As a private prisoner transport officer, Dudley performed the government function of picking up individuals who were arrested on out-of-state warrants and transporting those individuals back to the jurisdictions that issued the warrants. On Aug. 26, 2021, Dudley picked up the victim, a male detainee, from a jail in Boonville, Indiana, to transport him to Valencia, New Mexico.
On Aug. 27, 2021, before arriving in New Mexico, Dudley stopped the transport van at a Holiday Inn Express, located in Marshfield, Missouri, where he rented a room. Dudley brought the handcuffed victim into the hotel room and told him to shower. After the victim showered, Dudley pointed a gun at the victim and told him to undress. Dudley then proceeded to grope the victim’s genitals. When the victim’s penis did not erect, Dudley handcuffed himself to the victim, before going to sleep. Several hours later, Dudley resumed transporting the victim, before stopping the transport van at his (Dudley’s) apartment, located in Claremore, Oklahoma. Against the victim’s protests, Dudley brought the handcuffed victim inside his apartment. While inside his apartment, Dudley again groped the victim’s genitals, causing the victim bodily injury. The victim said, “No!,” and was able to break free and run outside of Dudley’s apartment.
A sentencing hearing has not yet been set. Pursuant to the plea agreement, Dudley faces 12 to 15 years in federal prison, to be followed by up to five years of supervised release. In addition, Dudley must pay restitution to the victim.
The FBI Oklahoma City Field Office investigated the case.
Assistant U.S. Attorney Clay Compton for the Northern District of Oklahoma and Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Section prosecuted the case.
Former Louisiana Police Officer Sentenced for Abusing an ArresteeRead the Press Release
A former officer of the Monroe Police Department, Jared Desadier, 44, was sentenced today to 78 months in federal prison and two years of supervised release for his role in the assault of an arrestee in Ouachita Parish and his efforts to cover up that abuse.
“The defendant’s decision to callously assault an arrestee when he thought he wasn’t being watched is an affront to the principles of honesty and integrity that our society expects from law enforcement,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This sentence makes clear that the Department of Justice will aggressively investigate and prosecute any officer who believes that the Constitution only applies when the cameras are on.”
“All Americans expect law enforcement officers to continuously abide by the law,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “The bedrock of officer and citizen engagement is for the officer to, without exception, act professionally with a goal of deescalating tense situations. Here, this defendant instead decided to criminally escalate the situation by unnecessarily battering the victim. Prosecuting offenses such as these not only benefit society, but also law enforcement because bad police officers who cast a black eye on the profession are eradicated from the law enforcement community. This office will continue to prosecute these types of crimes with a goal of increasing the public’s trust in law enforcement.”
According to the defendant’s plea agreement, on April 21, 2020, officers of the Monroe Police Department, including the defendant, conducted a field interview with the victim in this case. When the victim attempted to run away, Desadier chased after him. The victim eventually stopped running, got on his stomach, and put his hands behind his back. Desadier ran towards the victim and then asked his fellow officer whether the officer’s body-worn camera was recording, and when he was mistakenly told that the cameras were off, he continued to run towards the victim and kicked him in the face.
Assistant Attorney General Clarke, U.S. Attorney Brown and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
The FBI investigated the case.
Assistant U.S. Attorney Brian Flanagan for the Western District of Louisiana and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section prosecuted the case.
Former Correctional Officer Sentenced for Assaulting a Hawaii InmateRead the Press Release
A former correctional officer at the Hawaii Community Correctional Center was sentenced to 96 months in federal prison for his role in the assault of an inmate and his participation in a multi-year conspiracy to cover-up the abuse.
According to court documents and evidence introduced at trial, on June 15, 2015, Jason Tagaloa, 31, joined his two co-defendants and a third correctional officer while they transported an inmate across the facility. The inmate became frightened in the course of the transfer, and Tagaloa took the non-violent inmate to the ground, where he and his co-defendants repeatedly punched and kicked the inmate in the face, head and body. The inmate’s jaw, orbital socket and nose were broken in the course of the assault. In the months and years that followed, Tagaloa participated in a cover-up conspiracy that included writing false reports, submitting false statements to internal affairs and providing false testimony to disciplinary board members.
“The defendant abused his authority and violently assaulted and injured an inmate without justification,” said Assistant Attorney General Clarke for the Justice Department’s Civil Rights Division. “This sentence makes clear that no one is above the law, and that when corrections officials violate the civil rights of people held in our jails and prisons they will be held accountable.”
“As a correctional officer, Tagaloa accepted responsibility for ensuring the safe incarceration of inmates,” said U.S. Attorney Clare E. Connors for the District of Hawaii. “When he instead participated in the brutal assault of an inmate, he violated the inmate’s civil rights and then sought to cover it up. Our office is committed to investigating and prosecuting those who engage in such criminal conduct.”
“The law applies to everyone equally,” said Special Agent in Charge Steven Merrill of the FBI Honolulu Field Office. “This case shows those who work in positions of public trust are held to the same standard as the general public. All misconduct allegations are investigated thoroughly and fairly by the FBI.”
Assistant Attorney General Clarke, U.S. Attorney Connors, Assistant Director Luis Quesada for the FBI’s Criminal Investigative Division and Special Agent in Charge Merrill made the announcement.
The FBI investigated the case.
Assistant U.S. Attorney Craig Nolan of the District of Hawaii, Special Litigation Counsel Chris Perras, and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section prosecuted the case.
Eleventh Defendant Pleads Guilty in $15 Million Scheme to Defraud Spanish-Speaking United States ImmigrantsRead the Press Release
A California man pleaded guilty today to conspiring with Peruvian-based call-centers that defrauded Spanish-speaking United States residents by falsely threatening them with arrest, deportation and other legal consequences.
According to court documents, Luis Rendon, 60, of Harbor City, California, operated a distribution center that helped the call center operators execute their fraud scheme from Peru. With Rendon’s guilty plea, eleven defendants have now pleaded guilty in connection with a $15 million trans-national fraud scheme aimed at defrauding Spanish-speaking residents of the United States by fraudulently threatening them with legal consequences if they did not pay for English-language learning products they never requested or pay bogus settlement fees. More than 30,000 Spanish-speaking residents of the United States were defrauded.
In total, the eleven defendants include seven Peruvian call center owner-operators and four distribution center operators who processed payments and facilitated the fraud in the United States. Many of the defendants collaborated and shared strategies on how to defraud Spanish-speaking residents of the United States.
Seven of the defendants were extradited from Peru and pleaded guilty in federal court to conspiracy to commit mail and wire fraud and received significant prison sentences. U.S. District Judge Robert N. Scola, Jr. sentenced Henrry Milla, Carlos Espinoza, Jerson Renteria, Fernan Huerta, Omar Cuzcano, Evelyng Milla and Josmell Espinoza to sentences ranging from 88 months to 110 months in prison.
“These cases demonstrate that the Department of Justice’s Consumer Protection Branch will vigorously pursue and prosecute transnational criminals who defraud vulnerable U.S. consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Individuals who defraud our immigrant communities will be brought to justice and held accountable in U.S. courts.”
“Our cases with the Consumer Protection Branch demonstrate that the long arm of justice has no limits when it comes to reaching fraudsters who prey on our nation’s most vulnerable populations,” said U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “We will continue to bring American justice to transnational criminals who use fear tactics and intimidation to steal money from immigrants, seniors and others who live in this country.”
“For many years, the U.S. Postal Inspection Service and their law enforcement partners have investigated and prosecuted international criminal rings targeting U.S. consumers to steal their hard-earned money,” said Acting Inspector in Charge Juan A. Vargas of the U.S. Postal Inspection Service Miami Division. “The U.S. Postal Inspection Service, along with the Department of Justice’s Consumer Protection Branch and the U.S. Attorney’s Office, will continue to aggressively pursue these criminals to ensure that they are prosecuted to the fullest extent of the law.”
According to court documents, Rendon owned and operated International Latin Market (ILM), a California-based distribution center that facilitated the large-scale telemarketing fraud and extortion scheme from 2011 until late 2017. Rendon aided and abetted the scheme by providing lists of prospective victims to the call centers in Peru, processing card payments from victims, and sending low-quality computer tablets pre-loaded with English language courses to victims in the Miami area and across the United States.
Rendon, like the other defendants who pleaded guilty before him in this investigation, admitted that the call centers and their employees falsely claimed to be lawyers, court officials, federal agents, and representatives of a so-called “minor crimes court,” which does not exist. The callers falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment, and immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees.
Angel Adrianzen, another co-conspirator who operated a U.S. based distribution center that facilitated an additional group of fraudulent Peruvian call centers, pleaded guilty to similar charges in 2020. Adrianzen helped his co-conspirators set up and staff call centers that defrauded Spanish-speaking residents in the United States. Judge Scola sentenced Adrianzen to 121 months in prison.
Rendon will be sentenced on Feb. 16, 2023, before U.S. District Judge Patricia A. Seitz in Miami. He faces a maximum sentence of 20 years’ imprisonment.
The U.S. Postal Inspection Service and the Consumer Protection Branch investigated the case.
Senior Trial Attorney Phil Toomajian and Trial Attorney Max Goldman of the Consumer Protection Branch are prosecuting the cases and Assistant United States Attorney Annika Miranda is handling asset forfeiture. The Federal Trade Commission, the Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, the State Department’s Diplomatic Security Service and the Peruvian National Police provided critical assistance.
The Department of Justice continues to investigate and bring charges in other similar matters involving threats against Spanish-speaking residents of the United States. 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).
Additional information about the Consumer Protection Branch and its fraud enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
Justice Department to Monitor Polls in Georgia for Compliance with Federal Voting Rights LawsRead the Press Release
The Justice Department announced today its plans to monitor compliance with federal voting rights laws in four counties in Georgia for the Dec. 6, 2022, federal general runoff election.
Since the passage of the Voting Rights Act in 1965, the Civil Rights Division has regularly monitored elections in the field in jurisdictions around the country to protect the rights of voters. The Civil Rights Division enforces the federal voting rights laws that protect the rights of all citizens to access the ballot.
For this election, the Civil Rights Division will monitor for compliance with the federal voting rights laws on Election Day in four jurisdictions: Cobb County, Fulton County, Gwinnett County and Macon-Bibb County. Monitors will include personnel from the Civil Rights Division and from the U.S. Attorneys’ Offices.
The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, the Help America Vote Act and the Civil Rights Acts.
Civil Rights Division personnel also will be available to receive complaints from the public related to possible violations of federal voting rights laws by a complaint form on the department’s website https://civilrights.justice.gov/ or by telephone toll-free at 800-253-3931.
Visit https://www.justice.gov/crt/voting-section for more information about the Voting Rights Act and other federal voting rights laws.
More information about the federal civil rights laws is available at the Civil Rights Division’s website at https://justice.gov/crt.
Criminal Charges Unsealed Against 12 Individuals in Wide-Ranging Scheme to Monopolize Transmigrante Industry and Extort Competitors Near U.S.-Mexico BorderRead the Press Release
The U.S. Department of Justice today announced the unsealing of an 11-count indictment charging 12 individuals in a long-running, multi-faceted conspiracy to monopolize the transmigrante forwarding industry in the Los Indios, Texas, border region near Harlingen and Brownsville, Texas. Transmigrantes are individuals who transport used vehicles and other goods from the United States through Mexico for resale in Central America. Transmigrante forwarding agencies are businesses that provide services to transmigrante clients, including helping those clients complete the customs paperwork required to export vehicles into Mexico.
According to the indictment, filed in the U.S. District Court for the Southern District of Texas, Carlos Favian Martinez, 36, of Mission, Texas; Marco Antonio Medina, 32, of Brownsville, Texas; Rigoberto Brown, 38, of Brownsville, Texas; Pedro Antonio Calvillo Hernandez, 47, of Tamaulipas, Mexico; Roberto Garcia Villareal, 56, of San Benito, Texas; Miguel Hipolito Caballero Aupart, 70, of Brownsville, Texas; Sandra Guerra Medina, 68, of Rancho Viejo, Texas; and Mireya Miranda, 56, of La Feria, Texas, conspired to fix prices and allocate the market for transmigrante services in violation of Section 1 of the Sherman Act. They also allegedly conspired to monopolize the same market in violation of Section 2 of the Sherman Act. The indictment alleges they implemented price-fixing agreements and created a centralized entity known as “The Pool” to collect and divide revenues among the conspirators.
Transmigrante agency owners and industry participants who refused to charge the fixed prices, pay into the pool or pay an extortion tax were subjected to threats, intimidation and acts of violence against themselves and their families, employees, associates and businesses, according to the charges.
Martinez, Medina, Calvillo and Garcia, along with Diego Ceballos-Soto, 48, of Matamoros, Mexico, and Carlos Yzaguirre, 63, of Mission, Texas, were also charged with one count of conspiracy to interfere with commerce by extortion. The indictment alleges several violent acts perpetrated against transmigrante industry participants and individuals closely associated with them who disrupted the scheme or refused to pay the extortion fees. Martinez, Ceballos-Soto and Yzaguirre were also charged with one count of interference in commerce by extortion. They allegedly forced one transmigrante agency owner to pay more than $80,000 for operating outside of the Pool and failing to pay the extortion tax.
Finally, Martinez, Medina, Calvillo, Ceballos-Soto and Yzaguirre, along with Juan Hector Ramirez Avila, 32, of Brownsville, Texas; and Jose de Jesus Tapia Fernandez, 44, of Brownsville, Texas, were charged with money laundering conspiracy and substantive counts of money laundering related to the underlying scheme.
“The indictment charges that defendants monopolized an industry through horrific violence and threats of violence,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The department will use all the tools at its disposal – including Section 2 of the Sherman Act – to target anticompetitive conduct that undermines our country’s economic vitality and freedom.”
“As alleged, this criminal organization committed heinous acts of violence against those who would not participate in its illegal activities,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Together with our partners, we are committed to dismantling violent enterprises that victimize individuals simply trying to earn an honest living.”
“The charges announced today demonstrate our office’s commitment to protecting Texans from violent crime and exploitive business practices,” said U.S. Attorney Jennifer Lowery for the Southern District of Texas. “Working with our partners across the government, we will continue to investigate and prosecute violent criminals who prey on our communities.”
“This case is further proof that organized crime is active and negatively impacting our communities,” said Acting Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI) San Antonio. “These violent criminal organizations monopolized the transmigrante industry by using acts of violence, threats and even extortion. HSI employs a full range of law enforcement techniques and cross-border authorities to combat this egregious criminal activity. HSI and its law enforcement partners are committed to dismantling organized crime by eliminating their corrupt influence in our communities and protecting our nation’s borders.”
“Today’s actions are the result of the FBI’s continued collaborative efforts with our law enforcement partners in this important investigation,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division. “The FBI remains dedicated to protecting American communities from threats of violence and economic crime.”
HSI and the FBI are investigating the case.
The Justice Department's Antitrust Division and the Criminal Division’s Organized Crime and Gang Section, and the U.S. Attorney’s Office for the Southern District of Texas are prosecuting the case.
Anyone with information in connection with this investigation should contact the HSI Tip Line at 866-347-2423; the FBI Tipline at tips.fbi.gov, or by contacting the FBI San Antonio Field Office at 210-225-6741; or the Antitrust Division’s Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Court Issues Order Requiring Cigarette Companies to Post Corrective Statements; Resolves Historic RICO Tobacco LitigationRead the Press Release
The Justice Department, together with the U.S. Department of Health and Human Services, announced today the entry of a court order that resolves the government’s long-running civil racketeering lawsuit against the largest United States’ cigarette companies. The lawsuit was filed in 1999 in the U.S. District Court for the District of Columbia. Following a 2004-2005 trial, the court found that the cigarette companies had defrauded consumers about the health dangers associated with cigarette smoking. Today’s order imposes the last of several corrective remedies ordered by the court.
Under the order, defendants are now required to display signs in retail stores featuring corrective statements about the health effects and addictiveness of smoking. The order applies to defendants Altria, Philip Morris USA Inc. (PM USA) and R.J. Reynolds Tobacco Company (RJRT) as well as to four cigarette brands owned by ITG Brands LLC (ITG).
“Justice Department attorneys have worked diligently for over 20 years to hold accountable the tobacco companies that defrauded consumers about the health risks of smoking,” said Associate Attorney General Vanita Gupta. “Today’s resolution implements the last remedy of this litigation to ensure that consumers know the true dangers of the smoking products they may consider purchasing.”
“Cigarette companies misled the public for decades about the health risks of smoking and were ordered by a federal court to implement a series of corrective measures,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “All of these measures have been implemented, except one—the display of corrective statements in retail stores that sell cigarettes. Today’s order requiring implementation of that remaining remedy is a major achievement that will educate American consumers and save lives.”
“This is an important moment in the history of cancer control in the United States,” said Associate Director William Klein of the National Cancer Institute’s Behavioral Research program. “Smoking causes about 30% of all cancer deaths in the United States, and therefore the court-ordered corrective statements appearing at the point of cigarette sale will help support our mission to reduce the burden of cancer. We are grateful to our colleagues at the Department of Justice for having completed this significant work.”
“We know that tobacco product marketing in retail stores influences young people to start using tobacco, increases tobacco product consumption, and makes it harder for people to quit,” said Director Deirdre Lawrence Kittner of the Centers for Disease Control and Prevention, Office on Smoking and Health. “These statements will be an important complement to evidence-based strategies that prevent and reduce commercial tobacco use—the leading preventable cause of disease and death in the United States.”
“It is critical that we use our expertise and the full power of the law to protect Americans from tobacco-related disease and death,” said Director Brian King of the FDA’s Center for Tobacco Products. “Today’s order further emphasizes the federal government’s commitment to take whatever steps that are necessary to protect public health, including preventing false and misleading labeling and advertising by manufacturers.”
There are approximately 300,000 retail locations in the United States sell cigarettes. About 200,000 of those retailers have retail merchandising agreements with PM USA, RJRT and ITG that allow the companies to control how their cigarettes are displayed at those retailers’ stores. The order entered by the court today requires these companies to amend their agreements with retailers to require the placement of corrective statements in retail stores. The issuance of the order followed an evidentiary hearing open to all retailers that wished to testify about the order’s effects on them.
The corrective statements, which are displayed on color signs designed to be eye-catching, provide truthful information to consumers relating to: the adverse health effects of smoking; the addictiveness of smoking and nicotine; the lack of health benefits from cigarettes advertised as light or low tar; cigarette companies’ manipulation of cigarette design and composition to ensure optimum nicotine delivery; and the adverse health effects of exposure to secondhand smoke. The statements include, among other things, that:
- Smoking cigarettes causes numerous diseases and on average 1,200 American deaths every day;
- The nicotine in cigarettes is highly addictive and that cigarettes have been designed to create and sustain addiction;
- So-called light, low-tar and natural cigarettes are just as harmful as regular cigarettes; and
- Secondhand smoke causes disease and death in people who do not smoke.
Below are examples of two of the signs to be displayed in retail stores adjacent to cigarette displays:
Examples of the remaining signs that will be displayed may be found at https://www.justice.gov/civil/consumer-protection-branch/case/philip-morris/settlement-images.
The order will go into effect on July 1, 2023 and gives defendants three months to post the required corrective statements. Retailers will display the signs for 21 months thereafter. The corrective statements will be in both English and Spanish, with the latter required in geographic areas with significant Spanish-speaking populations. Independent auditors will periodically evaluate compliance with the order, and a tip line will be established so that the public may report incidents where they believe the statements are not being displayed properly or at all. The order further implements certain measures designed to discourage noncompliance, including specific consequences for retailers who fail to properly display the corrective statements after warnings and opportunities to cure.
This point-of-sale corrective statements remedy is the only remedy issued by the trial court that has not yet been implemented. These corrective statements are part of a broader order aimed at preventing the cigarette companies from continuing to engage in fraud and deception. Starting in 2017, the corrective statements also appeared as newspaper advertisements, in television spots, on cigarette packages and on the companies’ websites and cigarette-brand social media pages. The point-of-sale statements were the subject of several appeals, however, and were to be the subject of a July 2022 hearing about their effects on retailers. In May 2022, the parties, along with representatives of several groups of retailers that sell cigarettes, negotiated an agreement that corrective statements would be displayed in retail stores for two years. The hard-fought negotiations were led by the U.S. Department of Justice and also involved various public health organizations who intervened as plaintiffs in the case.
Many Justice Department attorneys played significant and critical roles in this case over the past two decades, most notably Senior Trial Attorneys Daniel Crane-Hirsch and James T. Nelson, both of whom devoted thousands of hours to this case since joining the case team in the early 2000s. The most recent phase of the litigation is being handled by the Civil Division’s Consumer Protection Branch, specifically Assistant Director Adam E. Lyons, Senior Trial Attorneys Daniel Crane-Hirsch, James Nelson, Stephen Tosini, Trial Attorneys Meredith B. Healy and Zachary A. Dietert, Assistant Director Lisa K. Hsiao and Assistant U.S. Attorney Leo Wise.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
Justice Department Secures Agreement with Alabama Medicaid to Remove Unlawful Sobriety Mandate for Health Care AccessRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with the state of Alabama’s Medicaid Agency (Alabama Medicaid) under the Americans with Disabilities Act (ADA) to ensure that Alabama Medicaid recipients with Hepatitis C (HCV) who also have a substance use disorder have equal access to medications to treat their hepatitis.
Alabama Medicaid previously maintained a longstanding sobriety restriction policy that denied coverage of HCV medication for any person with HCV who had consumed any alcohol or illicit drugs within the six months prior to starting treatment. The sobriety restriction policy also barred Medicaid payment for HCV medication if a person used alcohol or illicit drugs while using the medication.
“Alabama Medicaid’s reversal of its longstanding sobriety restriction will finally allow Medicaid recipients with substance use disorders to have the same access as others to a cure for Hepatitis C,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to enforcing the Americans with Disabilities Act to eliminate unnecessary barriers that stand in the way of equal access to health care.”
“We appreciate Alabama Medicaid’s willingness to work with the Department of Justice and our office to remove the sobriety restriction policy that prevented so many Alabamians with HCV, who also have substance use disorder, from receiving appropriate treatment,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “This settlement agreement delivers justice under the Americans with Disabilities Act and significantly advances public health in our state.”
HCV can result in a range of serious health conditions, many of which affect the liver. These may include cirrhosis, liver cancer, liver failure and death. However, according to the Centers for Disease Control and Prevention, highly effective treatments called direct-acting antiviral medications (DAAs) cure HCV in more than 95% of cases. In addition, use of these medications can also stop the spread of HCV because treated individuals will not transmit HCV to others. Abstaining from alcohol or illicit drugs is not medically required for this successful outcome. Alabama Medicaid’s sobriety restriction policy withheld a potentially life-saving service to individuals with HCV who also had (or who were regarded as having, and/or who had a record of) a substance use disorder.
Alabama Medicaid worked cooperatively to modify its policies to ensure that Medicaid recipients have access to DAA treatment for HCV without regard to an individual’s substance use. Alabama Medicaid has withdrawn the sobriety restriction policy, and under today’s settlement will not delay, deny or fail to pay for DAA treatment of HCV based on any Medicaid recipient’s use of drugs or alcohol. Further, it will engage in a robust effort to notify Medicaid recipients and Medicaid providers of these changes, as well as promptly remedy any instances where the prior policy is applied.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 833-610-1264) or visit www.ada.gov. ADA complaints may be filed online at www.ada.gov/complaint. Anyone in the Northern District of Alabama may also report civil rights violations directly to the U.S. Attorney’s Office for the Northern District of Alabama at [email protected] or (205) 244-2001.
Former Oklahoma Supervisory Correctional Officer Sentenced for Promoting White Supremacist Assault on Black Inmates and Ordering Other AbuseRead the Press Release
A former supervisory correctional officer at the Kay County Detention Center (KCDC) was sentenced today to 46 months in federal prison, followed by three years of supervised release, for violating the civil rights of three pretrial detainees held at the KCDC.
On April 15, 2022, a federal jury convicted Matthew Ware, 53, of willfully depriving two pretrial detainees of their right to be free from a correctional officer’s deliberate indifference to a substantial risk of serious harm and of willfully depriving a third pretrial detainee of the right to be free from a correctional officer’s use of excessive force.
“This defendant is being held accountable for abusing his position of power and authority to, among other things, facilitate an attack carried out by white supremacists on a Black inmate,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This sentence handed down reflects the seriousness of the defendant’s actions and ensures accountability for his unlawful conduct. The Justice Department will continue to hold corrections officials accountable, including those in leadership positions, when they willfully violate the constitutional rights of detainees and inmates in their custody and control.”
“A jury found that Mr. Ware abused his position of power over the individuals in his custody,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “Today’s sentence holds him accountable for that conduct. Mr. Ware violated the laws he was sworn to uphold, betrayed the public trust and dishonored the many brave corrections officials who lawfully perform their important work each day. My office remains committed to protecting the civil rights of all Oklahomans, including those in custody.”
“The defendant disregarded the civil rights of those under his care and ultimately used his position to inflict physical harm on multiple pretrial detainees,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Today’s sentencing clearly shows the FBI will aggressively pursue any law enforcement officer who abuses their responsibility to protect and serve.”
“The vast majority of the men and women working in correctional institutions do their jobs honorably on a daily basis. However, Mr. Ware’s disgraceful actions undermined the public’s trust and deprived the detainees of their civil rights under the U.S. Constitution,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office. “Rest assured, the FBI will work tirelessly alongside our law enforcement partners to ensure the civil liberties of every American are protected.”
According to court documents and the evidence introduced at trial, on May 18, 2017, Ware, while serving as the Lieutenant of the KCDC, ordered lower-ranking correctional officers to move two Black pretrial detainees, D.W. and M.M., to a cell row housing white supremacist inmates whom Ware knew posed a danger to D.W. and M.M. Later that same day, Ware gave lower-ranking officers a second order: to unlock the jail cells of D.W. and M.M., and those of the white supremacist inmates at the same time the following morning. When Ware’s orders were followed, the white supremacist inmates attacked D.W. and M.M., resulting in physical injury to both, including a facial laceration to D.W. that required seven stitches to close.
Court documents and evidence introduced at trial also revealed that, on Jan. 31, 2018, Ware, while serving as the Acting Captain of the KCDC, ordered lower-ranking correctional officers to restrain another pretrial detainee, C.D., in a stretched-out position — with C.D.’s left wrist cuffed to the far-left side of the bench and his right wrist cuffed to the far-right side of the bench — in retaliation for C.D. sending Ware a note that critiqued how Ware ran the KCDC. C.D. was left restrained in this position for 90 minutes, resulting in physical injury.
Assistant Attorney General Clarke, U.S. Attorney Troester, Assistant Director Quesada and Special Agent in Charge Gray made the announcement.
The FBI Oklahoma City Field Office investigated the case.
Assistant U.S. Attorney Julia Barry for the Western District of Oklahoma and Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Section prosecuted the case.
Former Muncie, Indiana, Police Officer Pleads Guilty to Eleven Civil Rights and Obstruction Offenses for Assaulting Arrestees and Writing False ReportsRead the Press Release
Chase Winkle, a former officer with the Muncie Police Department, in Muncie, Indiana, pleaded guilty today to eleven civil rights and obstruction charges. Specifically, Winkle pleaded guilty to five federal civil rights offenses for assaulting arrestees, and to six obstruction offenses for writing false reports to cover up the assaults.
“Officer Winkle, the son of the former Chief of Police, confessed to repeated uses of excessive force and obstruction of justice,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant’s misconduct injured his victims and undermined the police department’s credibility with the community. We hope that this guilty plea sends a message that neither a badge nor familial connections will shield an officer from facing justice for his wrongdoing.”
“Today’s guilty pleas are an important step forward as we seek justice for the victims in this case,” said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. “Our office, the Department of Justice and our federal partners are firmly committed to holding law enforcement officers accountable when they violate their oaths and the civil rights of the people they were sworn to protect.”
According to court documents and statements made during the change of plea hearing, on or about Aug. 9, 2018, Winkle and another officer arrested a civilian identified as L.G. As L.G. was lying on the ground, with the other officer holding both of L.G.’s hands behind his back, L.G. directed a verbal insult towards the officers. In response to the insult, Officer Winkle, using his knee, dropped his full bodyweight down onto L.G.’s neck and head area. L.G. screamed out in pain and yelled that Winkle had crushed his face. A few moments later, Winkle deployed taser prongs into L.G.’s back and activated the taser. Officer Winkle’s use of force caused severe bodily injury to L.G., multiple facial fractures that required surgery. Following the incident, Winkle wrote a false report about what happened.
On or about June 5, 2018, Winkle participated in the arrest of two then-juveniles, N.B. and R.F. The incident began when MPD officers attempted to initiate a traffic stop of a car, but the driver did not initially stop and instead drove away from the officers. The occupants – including N.B. and R.F. – eventually jumped out of the car and ran from officers on foot. Officer Winkle and another then-MPD officer, Dalton Kurtz, engaged in a short foot chase of N.B., who eventually lay down in a yard. Kurtz found N.B, alerted Officer Winkle, and aimed his firearm and a flashlight at N.B., who was lying on his stomach with his arms extended in front of him and his hands visible and open. As N.B. lay on the ground, with his hands extended in front of him, Officer Winkle ran towards N.B. and kicked him in the head. Winkle then positioned himself near N.B.’s shoulder and delivered approximately two closed fist strikes to the back or side of N.B.’s head, and two open hand strikes to N.B.’s face. Shortly after N.B.’s arrest, Officer Winkle found R.F. in a nearby garage. Winkle ordered R.F. to show his hands and R.F. complied, holding both hands above his head. As another officer began to handcuff R.F., Officer Winkle walked up and slapped R.F. in the face. Following the incident, Officer Winkle authored a false report regarding the arrests of both N.B. and R.F.
On or about March 27, 2018, Winkle and another MPD officer responded to a call involving a complaint against a civilian, I.P. When the officers found I.P. in an alleyway, I.P. stood up and immediately put his hands up in the air with his palms open, in a position indicating surrender. Winkle ordered I.P. to get down to the ground, and I.P., with his hands in the air, began to get down to the ground. As I.P. began to lower himself to the ground, Officer Winkle kicked him in the abdomen/hip area, causing him to fall backwards into a chain link fence behind him. As I.P. tried to steady himself against the fence, Winkle delivered a second kick directly to I.P.’s head, knocking I.P. unconscious. Shortly after the arrest, Winkle wrote a false report about the incident.
On or about May 22, 2018, Officer Winkle authored a false report about the arrest of an individual identified as D.E. During the arrest, Winkle placed D.E. in handcuffs, and then struck and used a pain compliance technique on him.
On or about Feb. 17, 2019, Officer Winkle responded to the scene of a traffic stop, and he and another officer ordered the passenger, B.B. out of the car. B.B. complied and stepped out of the car, but was caught in the seatbelt. As B.B. started to pull the seatbelt off of his body, Winkle punched B.B. in the face, and officers took B.B. to the ground. After a short scuffle, B.B. was handcuffed, after which Winkle used four knee strikes to B.B.’s torso area. Officer Winkle later wrote a false report regarding the arrest.
Finally, on or about May 13, 2019, another former MPD officer, Jeremy Gibson initiated a traffic stop of a car because one of the car’s headlights was out. When the driver stepped out of the car, Gibson attempted to physically take him to the ground, and punched him several times with a closed fist in the process. As other officers attempted to secure E.M., Officer Winkle used a knee strike to the left side of E.M.’s head or upper body. Gibson delivered a knee strike to the right of E.M.’s head, causing his head to swing to the left, back toward Winkle, and Winkle delivered another knee strike to the left side of E.M.’s head. Following the arrest, Officer Winkle wrote a false report about the incident.
Winkle admitted that he knew at the time of the incidents that his uses of force against the arrestees were unjustified and unreasonable under the circumstances. He further admitted that he wrote false reports about what happened, including making false statements and material omissions, in order to influence any potential investigations into the incidents.
Winkle is one of four Muncie Police Department officers who were indicted in April 2021 in a 17-count superseding indictment for their roles in using excessive force against arrestees and/or attempting to cover up the misconduct. A fifth Muncie police officer, Dalton Kurtz, previously entered a pre-indictment guilty plea on Aug. 4, 2021, to one count of misprision of felony for concealing and failing to report inappropriate use of force by Officer Winkle during the arrest of N.B. On May 13, 2022, Officer Jeremy Gibson also pleaded guilty to civil rights and obstruction charges for assaulting E.M. and writing a false report about the incident. The remaining two officers are scheduled to stand trial in January 2023.
Assistant Attorney General Clarke, U.S. Attorney Myers and Special Agent in Charge Herbert J. Stapleton of the FBI Indianapolis Field Office made the announcement.
The FBI conducted the investigation.
Trial Attorneys Katherine G. DeVar and Mary J. Hahn of the Civil Rights Division, and Assistant U.S. Attorney Peter Blackett for the Southern District of Indiana are prosecuting the case.
INTERPOL Washington Participates in INTERPOL’s Heads ConferenceRead the Press Release
This week, INTERPOL Washington—U.S. National Central Bureau (USNCB)—Director Michael A. Hughes led the U.S. delegation to INTERPOL’s 17th Annual Heads of National Central Bureaus (NCBs) conference held in Lyon, France. NCBs are the backbone of INTERPOL, serving as the central points of contact between INTERPOL and its 195 member countries. INTERPOL is the world’s largest police organization.
Director Hughes participated in dozens of bilateral meetings with his counterparts enabling him to address common issues in fighting transnational crime. He also spoke to the conference during the session on “Global Threats: Corruption and Financial Crime.”
Because of the nature of transnational crime, U.S. participation in INTERPOL helps to provide U.S. Federal, State, local, and Tribal law enforcement organizations with the tools they need to pursue criminal investigations across international borders. “The USNCB continues to make great strides in collaborating with domestic and international partners, constantly working to keep our families, our communities, our country, and the world safe,” said Director Hughes.
NCBs exchange information to assist in the investigation of criminal activity within their own countries, and they share criminal data and intelligence to assist other countries. They also contribute national crime data to INTERPOL’s global databases, in accordance with their respective national laws.
This annual meeting of NCB leaders from across the globe provides an opportunity for building relationships and facilitating cooperation among the Heads. NCBs provide important input into shaping INTERPOL's activities and plans. Many NCB heads also participate in INTERPOL’s annual General Assembly during which the membership votes on activities and policies. Director Hughes also serves on the Executive Committee, INTERPOL’s governing body, which provides guidance and direction between sessions of the General Assembly.
A component of the U.S. Department of Justice co-managed by the U.S. Department of Homeland Security, INTERPOL Washington—the U.S. National Central Bureau (USNCB)—is the designated U.S. representative to INTERPOL on behalf of the Attorney General. It serves as the national point of contact and coordination for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies.
Former Senior U.S. Navy Employee Sentenced for Bribery Conspiracy and Lying to InvestigatorsRead the Press Release
The former Director of Operations of the U.S. Navy’s Military Sealift Command (MSC) Office in Busan, South Korea, was sentenced today to five years in prison for his role in a bribery conspiracy and lying to federal investigators.
According to court documents and evidence presented at trial, Xavier Fernando Monroy, 65, of Brentwood, New York, engaged in a conspiracy to commit bribery with the owner of DK Marine, a South Korea-based company that provided services to the U.S. Navy, as well as with a former MSC captain, to steer U.S. Navy business to DK Marine. From 2011 to 2014, Monroy used his position of influence as a public official to benefit his co-conspirator, including by steering over $3.3 million in husbanding services contracts for U.S. military ships to DK Marine. Husbanding service providers supply items or services for ships such as water ferry and taxi services, ground transportation and other logistical requirements.
Evidence at trial also proved that Monroy provided a co-conspirator with confidential and other proprietary internal U.S. Navy information. In exchange for these benefits, the co-conspirator paid bribes to Monroy, including thousands of dollars in cash, personal travel expenses, meals and alcoholic beverages, and prostitution services. Additionally, during a voluntary interview in July 2019, Monroy repeatedly lied to special agents of the Defense Criminal Investigative Service (DCIS) and Naval Criminal Investigative Service (NCIS) when they confronted him about his illegal conduct.
In August 2022, a federal jury in the District of Columbia convicted Monroy of conspiracy to commit bribery, bribery, and making false statements.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Peter Tolentino of the NCIS Economic Crimes Field Office made the announcement.
The DCIS and NCIS investigated the case.
Trial Attorneys Sara Hallmark and Amanda Fretto Lingwood of the Criminal Division’s Fraud Section prosecuted the case.
وزارت عدلیه منابع را برای اتباع افغان و اوکراین مرتبط به حقوق کار ایشان فراهم مینماید.Read the Press Release
وزارت عدلیه امروز اعلام داشت که منابعی را برای اتباع افغان و اوکراین فراهم میسازد تا ایشان را در حصه آگاهی از حقوق کار ایشان کمک نماید. این منابع برای مهاجرین افغان و اوکراین حمایت های قانونی انان به اساس قانون مهاجرت و تابعیت از ایشان در محل کار را توضیح مینماید، که براساس آن تبعیض در استخدام براساس تابعیت، حالت یا وضعیت مهاجرت (شهروندی) و منشاء ملیتی را ممنوع قرار داده است. عموماً، کارفرمایان اجازه ندارند تا علیه کارکنان که اجازه کار را دارند بر اساس وضعیت تابعیت و مهاجرت ایشان هنگام استخدام و یا انفکاک مرتکب تبعیض شوند. قانون فدرال تبعیض علیه کارگران بر اساس منشأ ملیتی آنان منع قرار د اده و از ایشان علیه تبعیض محافظت مینماید.
کریستن کلارک، معاون لوی سارنوال شعبه حقوق مدنی وزارت عدلیه گفت: جلوگیری از تبعیض غیرقانونی مشتمل بر اطمینان از این است که کارگران از حقوق شان آگاهی داشته باشند. ” "شعبه حقوق مدنی وزارت عدلیه آماده است تا به افغان ها و اوکراینی ها در ایالات متحده کمک نموده، و از تمام ابزار موجوده استفاده خواهد کرد تا اطمینان حاصل شود که آنها در محل کار به طور غیرقانونی مورد تبعیض قرار نمی گيرند."
اتباع افغان و اوکراین در ایالات متحده ممکن دارای وضعیت های مختلف مهاجرت بوده. برخی از ایشان از طریق عملیات پذیرایی متحدین و متحد برای اوکراین به ایالات متحده آمده اند. این اوراق حاوی معلومات حقیقی برای پناهجویان؛ پناهندگان، افراد دارنده اقامت دایمی قانونی، افراد دارای وضعیت مصونیت موقت، و آنعده افرادیکه برای ایشان اقامت مشروط بر اساس عملیات خوش آمدید متحدین یا اتحاد برای اوکراین داده شده است میباشد. طوریکه درین منابع توضیح داده شده است، قانون مهاجرت و تابعیت کارکنان (کارگران) را از تبعیض کارفرما در هنگام بررسی مجوز کار، که معمولاً منحیث پروسه بررسی واجد شرایط بودن برای کار از آن نامبرده میشود حفاظت مینماید. این اوراق (منابع) مثال های از مدارک (اسناد) را ارایه میدارد که کارمندان میتوانند از آنها در جریان این پروسه (پروسه بررسی اسناد) استفاده نمایند و همچنان این اوراق تاکید میدارند که کارگران حق انتخاب دارند که از کدام سند معتبر منحیث ثبوت مجوز کار ونشان دهنده هویت ایشان استفاده نمایند.
نهایتاً، این اوراق معلومات ارایه میدارند که چګونه اتباع افغان و اکراین در ایالات متحده میتوانند در رابطه به مسایل مربوط به کار از طریق خط تلفن که مربوط (IER) یا شعبه حقوق مهاجرین و کارگران این اداره میشود کمک دریافت نمایند. این خط تیلیفون رایگان بوده و برای همه کارگران که در مورد تبعیض (بر اساس تابعیت، وضعیت مهاجرت و یا منشاء ملیتی) در محل کار سوالاتی داشته باشند قابل دسترس میباشد.
شما میتوانید اطلاعات بیشتر در مورد کارکرد شعبه IER (شعبه حقوق مهاجرین و کارگران) و طریقه دسترسی به حمایت این اداره بوسیله این ویدیو مختصربدست آورید. متقاضیان یا کارمندانی که باور دارند بر اساس تابعیت، وضعیت مهاجرتی و یا منشاء ملیتی خویش در استخدام، انفکاک، و یا در جریان بررسی و چک نمودن واجد شرایط بودن به استخدام (فورم I-9 و E-Verify) مورد تبعیض قرار گرفته اند، و یا در معرض عکس العمل تلافی جویانه قرار گرفته اند، میتوانند اتهام یا شکایت درج نمایند. اعوام همچنین می توانند با شماره تیلیفون بخش کارگران در شعبه IER (شعبه حقوق مهاجرین و کارگران) که ۱-۸۰۰-۲۵۵-۸۱۵۵ میباشد به تماس شوند؛ و یا با خط تلفن بخش کارفرمایان در شعبه IER به شماره
1-800-255-8155 (1-800-237-2515 برای کسانیکه حس شنوایی محدود دارند تخصیص داده شده است) به تماس شوند؛ و یا از طریق ایمیل [email protected]; میتوانند برای سمینار آنلاین رایگان ازطریق لینک فوق ثبت نام نمایند; و یا به صفحات انترنتی شعبه IER (شعبه حقوق مهاجرین و کارگران) که به زبان های انگلیسی و هسپانیوی میباشند مراجعه نمایند. همچنان جهت دریافت اطلاعات تازه از شعبه حقوق مهاجرین و کارگران (IER)، میتوانید در GovDelivery اشتراک نمایید.
ترجمه این بیانیه مطبوعاتی و اوراق معلوماتی در آینده نزدیک منتشر میگردند.
ضمایم
داونلود اوراق معلوماتی برای اتباع اکراین (شعبه حقوق مهاجرین و کارگران
داونلود اوراق معلوماتی برای اتباع افغان (شعبه حقوق مهاجرین و کارگران)
موضوعات
نیروی کار و استخدام
اجزاء:
شعبه حقوق مدنی
حقوق مدنی-شعبه حقوق مهاجرین و کارگران
English
Russian
українська
پښتو
دری
د عدلیې وزارت نن هغه سرچینې اعلان کړې چې په متحده ایالاتو کې له افغانانو او اوکراین وګړو سره د کارموندنې پر حقونو پوه او مرسته وکړي. دا سرچینې په کار ځای کې د خوندیتوب هغه حقوق چې افغان او اوکرایني کډوال یې د مهاجرت او تابعیت قانون (INA) له مخې لري تشریحRead the Press Release
د عدلیې وزارت نن هغه سرچینې اعلان کړې چې په متحده ایالاتو کې له افغانانو او اوکراین وګړو سره د کارموندنې پر حقونو پوه او مرسته وکړي. دا سرچینې په کار ځای کې د خوندیتوب هغه حقوق چې افغان او اوکرایني کډوال یې د مهاجرت او تابعیت قانون (INA) له مخې لري تشریح کوي کوم چې د تابعیت، کډوالۍ وضعیت او ملي اصل پر بنسټ د کار ګومارنې تبعیض مخنیوی کوي. په عمومي توګه، کارګمارونکو ته اجازه نه ورکول کیږي چې د کار ګومارنې یا ګوښه کولو په وخت کې د هغو کارکوونکو په وړاندې چې د تابعیت یا مهاجرت حالت پر بنسټ د کار کولو اجازه لري تبعیض وکړي. فدرالي قانون هم کارکوونکي د دوی د مليتي اصل پر بنسټ د تبعیض څخه محفوظ ساتي.
د عدلیې وزارت د مدني حقونو څانګې د لوی څارنوال معاون کرېسټېن کلارک وویل، "چې د غیرقانوني تبعیض د مخنیوی لپاره باید ډاډ ترلاسه شي چې کارکوونکي خپل حقونه پېژني." "د مدني حقونو څانګه چمتو ده چې په متحده ایالاتو کې له افغان او اوکراینی وګړو سره مرسته وکړي، او له ټولو شته وسایلو څخه به کار واخېستل شي ترڅو ډاډ ترلاسه کړي شي چې د کار په ځای کې له دوی سره په غیر قانوني توګه تبعیض نه ترسره کیږي."
په متحده ایالاتو کې افغانان او اوکراینیان کېداۍ شي د کډوالۍ مختلف حالتونه ولري. ځینې د متحدینو د ښه راغلاست عملیاتو او د اوکراین لپاره د متحدینو له لارې رسیدلي دي. د کره معلوماتو په دې پاڼو کې د پناه غوښتونکو، مهاجرینو، قانوني دایمي اوسیدونکو، د لنډمهاله خوندي وضعیت لرونکو کسانو، او د اوکراین لپاره د متحدینو د ښه راغلاست یا متحدینو عملیاتو له مخې پارول یا مشروطه استوګنه، ورکړل شوي دي معلومات شامل دي. لکه څنګه چې په دې سرچینو کې تشریح شوي، (INA) هم کارګران له تبعیض څخه ساتي. کله چې یو کارګمارونکی د کار کولو د جواز سند ارزونه کوي، چې ډیرۍ وختونه د کار د وړتیا تصدیق کولو پروسې په نوم یادیږي. دغه پاڼې د هغو اسنادو مثالونه وړاندې کوي چې کارکوونکي ممکن د دې پروسې په جریان کې پرې ټینګار او وښیايي چې کارکوونکي حق لري چې د خپل هویت او د کار کولو اجازې ښودلو لپاره په خپله خوښه کوم معتبر اسناد وړاندې کړي.
په پای کې، حقیقت/دکره معلوماتو پاڼې په دې اړه معلومات وړاندې کوي چې څنګه په متحده ایالاتو کې افغان او اوکراین وګړي د کار اړوند موضوعاتو کې مرسته ترلاسه کولای شي چې د کارکوونکو لپاره د اړیکي شمېره یا (هاټ لاین) له لارې چې د مهاجرینو او کارکوونکو د حقونو برخې (IER) لخوا پرمخ وړل کیږي. د کارکوونکو لپاره د اړیکي شمیره (هاټ لاین) وړیا او د ټولو کارکوونکو لپاره شتون لري چې د خپل تابعیت، کډوالۍ وضعیت، یا مليتي اصل پر بنسټ په کار ځای کې د تبعیض په اړه پوښتنې وکړي.
ددې لنډې ویډیو له لارې د کارکونکو د حقونو برخې یا IER کار او د مرستې ترلاسه کولو څرنګوالي په اړه نور معلومات ترلاسه کړئ. غوښتنلیک ورکوونکي یا کارکوونکي چې باور لري د دوی د تابعیت، د کډوالۍ وضعیت یا مليتي اصل پر بنسټ په استخدام، ګمارلو، او یا د استخدام وړتیا تصدیق کولو پروسې (فورم I-9 او E-Verify) په جریان کې له دوي سره تبعیض شوي، یا د غچ اخېستنې سره مخ شوي، کولای شي چې په دې تور یا شکایت ثبت کړي. عام خلک هم کولای شي چې د IER د کارکونکو د اړیکو یا هاټ لاین 1-800-255-7688شمیرې سره اړیکه ونیسي؛ د IER د کار ګمارونکي هاټ لاین ته په دې شمېرو 1-800-255-8155 (1-800-237-2515، TTY د اوریدلو د کمزورتیا لپاره) اړیکه اونیسۍ؛ برېښنالیک [email protected] ؛په وړیا انترنیي سیمنار یا وېبېنار کې ګډون وکړئ؛ او یا د IER انګلیسي او هسپانوي وېبپاڼو څخه لیدنه وکړئ. د IER څخه تازه معلوماتو ترلاسه کولو لپاره په GovDelivery کې ګډون وکړئ.
د دې مطبوعاتي اعلامیې ژباړې او حقیقت پاڼې پر لاره دي.
ضمیمه/ضمیمې:
د اوکراین مهاجرو د کارګومارنې حقوق ډاونلوډ کړئ
افغان مهاجرو د کار ګومارنې حقوق ډاونلوډ کړئ
موضوع/موضوع ګانې:
کار او استخدام
اجزا:
د مدني حقونو څانګه
مدني حقوق - د مهاجرینو او کارمندانو د حقونو برخه
English
Russian
українська
پښتو
دری
Міністерство юстиції надає афганцям та українцям ресурси щодо їхніх прав зайнятостіRead the Press Release
Міністерство юстиції оголосило сьогодні про ресурси, що допоможуть афганцям та українцям у Сполучених Штатах зрозуміти свої права на працевлаштування. Ці ресурси пояснюють захист на робочому місці, право на який афганські та українські іммігранти мають відповідно до Закону про імміграцію та громадянство (INA), який забороняє дискримінацію у сфері зайнятості на основі громадянства, імміграційного статусу та національного походження. Загалом, роботодавцям не дозволяється дискримінувати працівників, які мають дозвіл на роботу на основі їх громадянства або імміграційного статусу при наймі, звільненні або підборі персоналу. Федеральний закон також захищає працівників від дискримінації за національним походженням.
«Запобігання незаконній дискримінації включає в себе забезпечення обізнаності працівників про свої права», - сказала заступник Генерального прокурора Крістен Кларк з відділу громадянських прав Міністерства юстиції. «Відділ громадянських прав готовий надати допомогу афганцям та українцям у Сполучених Штатах і буде використовувати всі наявні засоби для запобігання незаконній дискримінації проти них на робочому місці».
Афганці і українці в США можуть мати різні імміграційні статуси. Деякі з них прибули до США завдяки операції «Ласкаво просимо, союзники» і програми «Єднання заради України». Ці документи містять інформацію для біженців, законних постійних мешканців, осіб зі стасусом тимчасово захищених та осіб, які отримали дозвіл на в'їзд та тимчасове перебування в США в рамках операції «Ласкаво просимо, союзники» або програми «Єднання заради України». Як пояснено на цих ресурсах, INA також захищає працівників від дискримінації, коли роботодавець перевіряє їхній дозвіл на роботу, який часто називають процесом перевірки відповідності зайнятості. У цих довідкових матеріалах наводяться приклади документації, які ці працівники можуть показати під час цього процесу, і підкреслюють, що працівники мають право вибирати, яку дійсну документацію вони можуть показати, щоб підтвердити свою особистість та дозвіл на роботу.
Нарешті, ці довідкові матеріали надають інформацію про те, як афганці та українці в Сполучених Штатах можуть отримати допомогу з питань, пов'язаних з роботою, через гарячу лінію, що працює у Секції прав працівників та іммігрантів (ІЕR). Ця гаряча лінія безкоштовна і доступна для всіх працівників, які мають питання про дискримінацію на робочому місці на основі їх громадянства, імміграційного статусу або національного походження.
Дізнайтеся більше про роботу ІЕR і як отримати допомогу за допомогою цього короткого відео. Заявники або працівники, які вважають, що вони дискриміновані на основі їх громадянства, імміграційного статусу або національного походження при прийомі на роботу, звільненні, прийомі на роботу або під час процесу перевірки на відповідність вимогам працевлаштування (форма I-9 і E-Verify), або стали жертвами помсти за скаргу, можуть подати позов. Громадськість також може звернутися до робочої гарячої лінії IER за номером 1-800-255-7688; зателефонувати на гарячу лінію роботодавця IER за номером 1-800-255-8155 (1-800-237-2515, TTY для людей з порушеннями слуху); електронною поштою [email protected]; зареєструватися на безкоштовний вебінар; або відвідати англо- та іспанськомовні веб-сайти IER. Підпишіться на GovDelivery для отримання оновлень від IER.
Переклади цього прес-релізу та інформаційних листів будуть доступні.
Вкладення:
Завантажити Український IER
Завантажити Афганський IER
Теми:
Праця та зайнятість
Компоненти:
Відділ громадянських прав
Громадянські права – Секція прав іммігрантів і працівників
Номер прес-релізу:
22-1290
English
Russian
українська
پښتو
دری
Министерство юстиции США предоставляет ресурсы афганцам и украинцам в отношении их трудовых правRead the Press Release
Министерство юстиции США объявило сегодня о ресурсах, которые помогут афганцам и украинцам в Соединённых Штатах понять свои трудовые права. Эти ресурсы объясняют какими правами на зщиту на рабочем месте афганские и украинские иммигранты обладают в соответствии с Законом об иммиграции и гражданстве (Immigration and Nationality Act (INA), запрещающим дискриминацию при приёме на работу на основании гражданства, иммиграционного статуса и национального происхождения. Как правило, работодателям не разрешается дискриминировать работников, имеющих разрешение на работу, на основании их гражданства или иммиграционного статуса (citizenship or immigration status), при найме, увольнении или в процессе подбора кадров. Федеральный закон также защищает работников от дискриминации на основании их национального происхождения (national origin).
Помощник Генерального прокурора в Подразделении по гражданским правам Министерства юстиции США Кристен Кларк заявила: «Предотвращение незаконной дискриминации включает разъяснение работникам их прав. Подразделение по гражданским правам готово оказать помощь афганцам и украинцам в Соединённых Штатах и будет использовать все доступные инструменты, чтобы предотвратить их незаконную дискриминацию на рабочем месте.»
У афганцев и украинцев в США могут быть различные иммиграционные статусы. Некоторые из них прибыли в рамках операции «Приветствуем союзников» (Operation Allies Welcome) и программы «Единство ради Украины» (Uniting for Ukraine). Данные информационные бюллетени включают информацию для просителей убежища, беженцев (asylees, refugees), законных постоянных жителей, лиц со статусом временной защиты (Temporary Protected Status) и лиц, получивших разрешение на въезд и временное пребывание в США (granted parole) в рамках операции «Приветствуем союзников» и программы «Единство ради Украины». Как объясняется в этих ресурсах, закон INA также защищает работников от дискриминации в ходе проверки наличия у них разрешения на работу, что часто называют процессом проверки права на трудоустройство. Информационные бюллетени содержат примеры документации, которую данные работники могут предъявить в ходе этого процесса, и подчёркивают, что работники имеют право выбирать (workers have the right to choose), какую действительную документацию они могут предъявить для подтверждения своей личности и наличия у них разрешения на работу.
Наконец, информационные бюллетени содержат информацию о том, как афганцы и украинцы в Соединённых Штатах могут получить помощь по вопросам трудоустройства по горячей линии для работников, функционирующей в Отделе иммиграции и прав работников (IER). Данная горячая линия является бесплатной и доступна всем работникам, имеющим вопросы о дискриминации на рабочем месте на основании их гражданства, иммиграционного статуса или национального происхождения.
Получить дополнительную информацию о работе Отдела IER и о том, как получить помощь, можно из короткого видео (video). Желающие получить работу или сотрудники, считающие, что они подверглись дискриминации на основании их гражданства, иммиграционного статуса или национального происхождения при подборе кадров, найме, увольнении, или в процессе проверки права на трудоустройство (Форма I-9 и E-Verify) или подверглись репрессиям, могут обратиться с жалобой (file a charge). Представители общественности также могут позвонить на горячую линию Отдела IER для работников по телефону 1-800-255-7688; позвонить на горячую линию для работодателей по телефону 1-800-255-8155 (1-800-237-2515, телетайп для слабослышащих (TTY)); написать на электронную почту [email protected]; записаться на бесплатный вебинар (webinar) или посетить веб-сайты Отдела IER на английском (English) и испанском (Spanish) языках. Подпишитесь на услугу GovDelivery, чтобы получать обновленную информацию от Отдела IER.
Переводы данного пресс-релиза и информационных бюллетеней поступят в ближайшее время.
Приложение(я):
Скачать украинскую версию бюллетеня отдела IER (Download Ukrainian IER)
Скачать афганскую версию бюллетеня отдела IER (Download Afghan IER)
Тема(ы):
Труд и занятость
Компонент(ы):
Подразделение по гражданским правам (Civil Rights Division)
Гражданские права - Отдел иммиграции и прав работников (Civil Rights - Immigrant and Employee Rights Section)
Номер пресс-релиза:
22-1290
English
Russian
українська
پښتو
دری
Settlement with Republic Steel Requires Reduction of Lead Emissions at Canton, Ohio, FacilityRead the Press Release
The Department of Justice and the Environmental Protection Agency (EPA) announced a proposed Clean Air Act settlement with Republic Steel, a steel manufacturer in Canton, Ohio, which will require the company to reduce its facility’s lead emissions that have caused airborne lead levels in the surrounding area to exceed the National Ambient Air Quality Standards for Lead. The settlement terms are included in a proposed consent decree filed with the U.S. District Court for the Northern District of Ohio. In addition to securing air pollution reductions, the settlement requires Republic Steel to pay a $990,000 civil penalty.
The United States’ complaint, filed simultaneously with the consent decree, alleges that Republic Steel is operating in violation of its Clean Air Act permit for failing to conduct emissions tests and for exceeding lead emission limits. Under the consent decree, Republic Steel will install and operate new control technologies at its Flexcast Vacuum Tank Degasser and associated cooling tower to reduce lead emissions from the facility. EPA estimates that the new controls will result in the reduction of over 1,000 pounds of lead emissions per year.
“This important settlement reflects our continuing commitment to enforce the Clean Air Act vigorously to protect public health, the environment and vulnerable communities that are disproportionately impacted by air pollution,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“Even relatively low levels of lead exposure can cause harm to a child’s cognitive development,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “This settlement will help protect local communities, and particularly children, by lowering airborne lead levels.”
Exposure to lead pollution can affect almost every organ and system in the human body. It is especially harmful to young children, as they are most susceptible to some adverse effects of lead. This is of significance here, as there is a residential community with three schools within a one-mile radius of the Republic Steel facility. Additionally, this is an area with environmental justice concerns.
The settlement is subject to a public comment period that will end on Jan. 13, 2023, and final court approval. The consent decree will be available for viewing at https://www.justice.gov/enrd/consent-decrees.
On World AIDS Day, Justice Department Highlights Efforts to Protect Civil Rights of People Living with HIV and AIDSRead the Press Release
On World AIDS Day 2022, the Justice Department reaffirms its commitment to protecting the rights of people living with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). Since passage of the Americans with Disabilities Act (ADA) more than 30 years ago, the department has worked vigorously to protect and advance the rights of the more than one million Americans living with HIV and AIDS.
“The Department of Justice vigorously safeguards the rights of all Americans, including people living with HIV and AIDS,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “On World AIDS Day, we reaffirm our commitment to using civil rights laws such as the Americans with Disabilities Act, to address the unlawful treatment of people living with HIV and AIDS and stem the spread of stereotypes and misinformation about the disease.”
Over the past year, the Justice Department’s Civil Rights Division has prioritized the enforcement of the ADA to seek equal opportunity for and combat discrimination against people living with HIV and AIDS.
- In October, the department issued a letter finding that a Pennsylvania county correctional facility violated the ADA by preventing an inmate from working in the facility’s kitchen because he has HIV. This exclusion deprived the inmate of benefits including monetary compensation, special housing, extra privileges and eligibility for sentence reduction.
- In September, the department entered a consent decree resolving a lawsuit against the Town of Clarksville, Indiana. The lawsuit alleged that the Town’s police department prevented a qualified applicant from becoming a police officer based on his HIV diagnosis. The agreement requires Clarksville to pay monetary damages to the complainant, revise its policies and train its personnel.
- In September, the department secured a settlement agreement with an in-home caregiving agency to resolve allegations that the company refused to provide in-home services to an individual with HIV. The agreement requires the agency to pay monetary damages to the individual, adopt a non-discrimination policy and train its staff.
- In June and July, the department secured settlement agreements with two tattoo studios to resolve complaints that clients were refused services after informing the studios of their HIV-positive status. The agreements require the tattoo studios to pay monetary damages to the complainants, develop a non-discrimination policy, and train their employees.
- In February, the department entered consent decrees resolving two cases alleging that doctors in California refused to provide routine medical care to a patient on the basis of her HIV status. One lawsuit alleged that when the patient tried to make an appointment, she was told that the doctor could not see her because she had HIV, and the second lawsuit alleged that another doctor denied the patient a Pap smear, a regular preventative procedure, because he deemed her a “high risk” patient. The consent decrees require each doctor to pay monetary damages to the complainant and a civil penalty to the United States, to receive training on the ADA and the care of patients with HIV, and to implement a non-discrimination policy.
In addition to its enforcement efforts, the department continues to engage in outreach to educate people living with HIV and AIDS, businesses, state and local governments, and other covered entities on their rights and responsibilities under the ADA. The department also provides technical assistance and responds to questions from individuals and covered entities through our ADA Information Line at 800-514-0301 (voice) or 833-610-1264 (TTY).
To learn more about the Civil Rights Division’s work, please visit Civil Rights Division | Department of Justice and archive.ADA.gov/HIV Home Page.
Leader of International Drug Trafficking Organization Pleads Guilty to Cocaine Trafficking ConspiracyRead the Press Release
Jose Gonzalez-Valencia, aka Chepa, pleaded guilty in the U.S. District Court for the District of Columbia today to international cocaine trafficking.
In December 2017, Brazilian authorities arrested Gonzalez-Valencia, 47, at the request of the United States. He was extradited from Brazil to the United States in November 2021.
According to court documents, between 2006 and October 2016, Gonzalez-Valencia was a leader of the Los Cuinis, an international drug trafficking organization (DTO) responsible for importing large quantities of cocaine from Mexico, Colombia, Guatemala, and elsewhere into the United States.
As noted in court documents, Los Cuinis is closely aligned with the Cartel de Jalisco Nueva Generacion (CJNG), which is based in the State of Jalisco in Mexico. Together, Los Cuinis and CJNG form one of the largest, most dangerous, and prolific drug cartels in Mexico. They are responsible for trafficking significant quantities of illegal drugs into the United States and employing extreme violence to further that objective. Gonzalez-Valencia is the brother of Los Cuinis leaders Abigael Gonzalez-Valencia and Gerardo Gonzalez-Valencia, and the brother-in-law of Nemesio Oseguera Cervantes, aka Mencho, the leader of CJNG.
“Gonzalez Valencia worked with Los Cuinis and the CJNG to bring thousands of kilos of drugs into the United States,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This case sends a clear message that the Criminal Division is committed to protecting our communities, dismantling the drug trafficking organizations that prey on them for profit, and holding traffickers like Gonzalez Valencia accountable.”
“CJNG is responsible for vast quantities of deadly illegal drugs that are being distributed across the United States,” said Administrator Anne Milgram of the DEA. “Today’s guilty plea reflects the men and women of the DEA’s unwavering commitment to hold all drug traffickers accountable that seek to profit from CJNG’s violent and deadly drug trafficking network.”
Gonzalez-Valencia pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine, knowing and intending that it would be imported into the United States. He is scheduled to be sentenced on April 7, 2023 and faces a mandatory minimum sentence of 10 years in prison and a statutory maximum sentence of life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case is supported by the Organized Crime and Drug Enforcement Task Force (OCDETF).
The DEA Los Angeles Field Division is investigating the case.
Acting Assistant Deputy Chief Kaitlin Sahni and Trial Attorneys Kate Naseef and Kirk Handrich of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs provided significant assistance.
The Justice Department’s Office of International Affairs thanks Brazilian authorities for their assistance in securing the arrest and extradition of Gonzalez-Valencia.
Las Vegas Tax Preparer Sentenced to Prison for Multiple Fraud SchemesRead the Press Release
A Nevada man was sentenced Nov. 30 to 13 years and three months in prison for filing false tax returns, aggravated identity theft, wire fraud, money laundering and impersonating an FBI agent.
According to court documents and statements made in court, King Isaac Umoren, 41, owned and operated Universal Tax Services (UTS), a tax preparation business based in Las Vegas. Umoren used that business to engage in two separate fraud schemes.
First, from 2012 through 2016, Umoren prepared and filed with the IRS tax returns for clients that included false deductions and fictitious businesses in an effort to generate larger refunds than the clients were entitled to receive. At times, Umoren used the names and the IRS Preparer Tax Identification Numbers (PTINs) of other UTS employees without their knowledge or consent, making it seem as if they, not he, had prepared the false returns. Umoren also required his clients to use a refund anticipation check program, which he then utilized to secretly take fees out of the clients’ tax refunds without their knowledge. On Feb. 7, 2016, Umoren posed as an FBI agent, wearing a fake badge and tactical gear, and drove to a client’s house with police lights attached to his vehicle to demand payment of a tax preparation fee.
Second, in May 2016, Umoren attempted to sell UTS. To induce potential buyers to purchase the company at an inflated price, he provided fraudulent documents – including forged bank statements, fabricated return preparation fee reports, false personal tax returns and other tax forms that had never actually been filed with the IRS – as well as the stolen tax and personal identifying information of approximately 12,000 taxpayers who were not UTS clients. Eventually, Umoren succeeded in inducing a victim to purchase UTS for approximately $3.8 million. He used the sale proceeds to purchase land in Henderson and an automobile.
In addition to the term of imprisonment, U.S. District Judge Andrew P. Gordon ordered Umoren to serve three years of supervised release and pay $9,699,887 in restitution to the United States and the other victims of his fraud schemes.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jason M. Frierson for the District of Nevada made the announcement.
IRS Criminal Investigation, the Treasury Inspector General for Tax Administration, and the FBI investigated the case.
Trial Attorneys Sarah A. Kiewlicz and Patrick Burns of the Tax Division prosecuted the case.
Justice Department Provides Resources for Afghans and Ukrainians on Their Employment RightsRead the Press Release
The Justice Department announced today resources to help Afghans and Ukrainians in the United States understand their employment rights. These resources explain the workplace protections that Afghan and Ukrainian immigrants have under the Immigration and Nationality Act (INA), which prohibits employment discrimination based on citizenship, immigration status and national origin. Generally, employers are not allowed to discriminate against workers who have permission to work based on their citizenship or immigration status when hiring, firing or recruiting. Federal law also protects workers from discrimination based on their national origin.
“Preventing unlawful discrimination includes making sure that workers know their rights,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is ready to assist Afghans and Ukrainians in the United States, and will use all available tools to ensure they are not unlawfully discriminated against in the workplace.”
Afghans and Ukrainians in the U.S. may have a variety of immigration statuses. Some have arrived through Operation Allies Welcome and Uniting for Ukraine. These fact sheets include information for asylees, refugees, lawful permanent residents, individuals with Temporary Protected Status and those granted parole under Operation Allies Welcome or Uniting for Ukraine. As explained in these resources, the INA also protects workers from discrimination when an employer is checking their permission to work, often referred to as the employment eligibility verification process. The fact sheets provide examples of documentation that these workers may show during this process and emphasize that workers have the right to choose which valid documentation they can show to demonstrate their identity and permission to work.
Finally, the fact sheets provide information on how Afghans and Ukrainians in the United States can get help with a work-related issue through the worker hotline operated by the division’s Immigrant and Employee Rights Section (IER). This worker hotline is free and is available to all workers who have questions about discrimination in the workplace based on their citizenship, immigration status or national origin.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify), or subjected to retaliation, may file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; 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.
View Russian translation here.
View Ukranian translation here.
View Pashto translation here.
View Dari translation here.
FBI and Bureau of Indian Affairs Sign Agreement to Improve Law Enforcement in Indian CountryRead the Press Release
During remarks at the 2022 White House Tribal Nations Summit today, Attorney General Merrick B. Garland announced that the FBI and the Bureau of Indian Affairs (BIA) signed an agreement to establish guidelines to provide for the effective and efficient administration of criminal investigations in Indian Country. This is the first update since the early 1990s to a memorandum of understanding between the agencies.
The announcement is being discussed during a panel featuring Secretary of the Interior Deb Haaland and Associate Attorney General Vanita Gupta at the Summit. The Summit provides an opportunity for Administration and Tribal leaders from the 574 federally recognized Tribes to discuss ways the federal government can invest in and strengthen nation-to-nation relationships as well as ensure that progress in Indian Country endures for years to come.
“This agreement is a crucial step to advancing public safety for American Indian and Alaska Native communities,” said Associate Attorney General Vanita Gupta. “The Department of Justice is committed to working with the Department of the Interior to investigate Indian Country crimes, including reports of missing or murdered Indigenous people, quickly, effectively and respectfully. We are grateful to the Tribes that provided input into this new policy.”
“The FBI is committed to ongoing and continued collaboration with the Bureau of Indian Affairs,” said FBI Director Christopher Wray. “The FBI has a crucial role in successfully addressing matters in the nation’s Indian Country communities and this updated MOU affirms our dedication to the mission of protecting all Americans. The FBI will not waver in its support of our Tribal law enforcement agency partners and our coordination with the Bureau of Indian Affairs.”
“Interagency coordination is absolutely critical given the complexities of jurisdiction in Tribal communities. This agreement supports an all-of-government approach to addressing federal responsibilities and Tribal needs in Indian Country,” said Assistant Secretary Bryan Newland for Indian Affairs. “All federal agencies share a treaty and trust responsibility to protect Tribal sovereignty and revitalize Tribal communities. This partnership will further support our efforts to keep Native people safe in their homes and communities.”
Under the agreement, the BIA Office of Justice Services and the FBI will cooperate on investigations and share information and investigative reports. The agencies will also establish written guidelines outlining jurisdiction and investigative roles and responsibilities for investigators from the BIA, FBI and Tribal law enforcement agencies. The agreement also requires that all BIA, FBI and Tribal law enforcement officers receive training regarding trauma-informed, culturally responsive investigative approaches.
This agreement will support the unified response to the Missing and Murdered Indigenous Peoples crisis, and the Missing and Murdered Unit launched by Secretary Haaland. It defines responsibilities for FBI, BIA and Tribal investigators to ensure that missing person cases are entered into the National Crime Information Center, National Incident-Based Reporting System and other appropriate federal criminal databases, and that DNA is submitted to the National Missing Person DNA Database when appropriate and available.
The agreement also specifies that the FBI will take an initial primary role in the investigation of any BIA or Tribal law enforcement officer-involved shootings and in-custody death incidents. The BIA will concurrently conduct separate internal administrative investigations of any BIA or Tribal law enforcement officer-involved shootings and in-custody death incidents.
The mission of the BIA Office of Justice Services is to uphold Tribal sovereignty and provide for the safety of Indian communities by ensuring the protection of life and property, enforcing laws, maintaining justice and order, and by ensuring sentenced American Indian offenders are confined in safe, secure, and humane environments. Ensuring public safety and justice is arguably the most fundamental of government services provided in Tribal communities.
The mission of the Department of Justice is to uphold the rule of law, to keep our country safe, and to protect civil rights. Read more about the Department’s work to strengthen public safety in American Indian and Alaska Native communities here.
United States and State of Wisconsin Reach Settlement with Container Life Cycle Management on Air Emissions and Waste Management ViolationsRead the Press Release
The United States and State of Wisconsin announced a settlement with Container Life Cycle Management LLC (CLCM) today that addresses Clean Air Act (CAA) and Resource Conservation and Recovery Act (RCRA) violations at the company’s container reconditioning facilities in the Milwaukee, Wisconsin, area. The company will pay a $1.6 million civil penalty to be split evenly between the United States and the State.
In a complaint filed with the proposed settlement, the United States alleged violations of the CAA, most notably at CLCM’s St. Francis facility, for failure to control emissions of volatile organic compounds as required by the EPA-approved Wisconsin state implementation plan. The complaint also alleges RCRA violations related to storage and handling of hazardous waste at the company’s facilities in St. Francis and Oak Creek, Wisconsin and its then-operating facility in Milwaukee, Wisconsin.
“Today’s settlement benefits public health and the environment by ensuring proper handling of hazardous wastes at Container Life Cycle Management’s container reconditioning facilities and will significantly limit harmful emissions of volatile organic compounds,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“Today’s settlement will help us protect nearby residents and improve the region’s air quality,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “This is a good example of EPA working cooperatively with our state partners to ensure environmental compliance and secure emissions reductions.”
Highlights of the settlement include:
- The company has installed and must continuously operate a regenerative thermal oxidizer to control air emissions of volatile organic compounds at the St. Francis facility. The company will also construct additional emissions capture systems within the facility and conduct performance testing.
- At the Oak Creek facility, the company must install and continuously operate a new digital data recorder to record the temperature of the drum reclamation furnace afterburner. The company must maintain the afterburner temperature at or above 1,650 degrees and conduct performance testing.
- The company must implement a container management plan, or CMP, for a two-year period established by the consent decree. The CMP provides for storage of heavy and non-empty containers in RCRA-compliant hazardous waste storage areas. Certain reporting requirements continue beyond the initial two-year period.
The proposed settlement is subject to a 30-day public comment period and final court approval. To view the consent decree or to submit a comment, visit https://www.justice.gov/enrd/consent-decrees.
Two Kentucky Real Estate Professionals Plead Guilty to Bid Rigging Farmland AuctionRead the Press Release
Two Kentucky real estate professionals pleaded guilty today for their roles in a conspiracy to rig bids at an estate auction for farmland and timber rights.
According to a plea agreement filed today in the U.S. District Court for the Western District of Kentucky, Barry Dyer and Mackie Shelton pleaded guilty to conspiring with others to rig bids at a 2018 auction for hundreds of acres of farmland and a tract of timber rights. Dyer and Shelton demanded and accepted a $40,000 payoff from competing auction participants to stop bidding, artificially suppressing the sales price of the farmland.
“The farming industry is vital to the nation’s economy and relies on competitive pricing for the land where crops are grown. Today’s guilty pleas help ensure the integrity of farmland auctions,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “With support from our law enforcement partners, the Antitrust Division will continue to hold accountable anyone who conspires to line their own pockets at the expense of this competitive process.”
“American farmers are part of the backbone of our country’s economy, and they deserve to run their businesses in a fair market, untainted by corruption,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our law enforcement partners are dedicated to protecting the farming industry from bid rigging and other schemes that undermine the success of others and the spirit of competition.”
Dyer and Shelton were charged with a single-count violation of the Sherman Act. A criminal violation of the Sherman Act carries a statutory maximum penalty of 10 years in prison and a $1 million fine. A federal district court judge will determine the defendants’ sentences after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated and prosecuted by the Antitrust Division’s Washington Criminal I Section, with the assistance of the FBI’s International Corruption Unit and the U.S. Attorney’s Office for the Western District of Kentucky. Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
Team Telecom Recommends the FCC Deny Application to Directly Connect the United States to Cuba Through Subsea CableRead the Press Release
The Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, aka Team Telecom or the Committee, today recommended that the Federal Communications Commission (FCC) deny an application by ARCOS-1 USA Inc. and A.SurNet Inc. subsea cable system (ARCOS-1 Cable System) to modify the system by adding an additional segment directly connected to the United States through a new landing station in Cojimar, Cuba.
“The United States supports an open, interoperable, secure, and reliable internet around the world, including in Cuba. Unfortunately, the Cuban government does not share that view,” Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “As long as the Government of Cuba poses a counterintelligence threat to the United States, and partners with others who do the same, the risks to our critical infrastructure are simply too great.”
As submitted to the FCC, the ARCOS-1 Cable System application would have allowed for the only direct, commercial subsea cable connection between the United States and Cuba. This raised national security concerns, as the cable-landing system in Cuba would be owned and controlled by Cuba’s state-owned telecommunications monopoly, Empresa de Telecommunicaciones de Cuba S.A. (ETECSA). The Government of Cuba – which the United States recognizes as authoritarian and a foreign adversary of the United States – could access sensitive U.S. data traversing the new cable segment through its control of ETECSA.
The Committee’s recommendation was based on factors including the following:
- The Government of Cuba has long represented a significant counterintelligence threat to the United States by virtue of its espionage and other intelligence activities targeting the United States. Directly connecting an undersea cable from the United States to Cuba, where a Cuban state-owned company would have exclusive use of the cable, control over that cable’s Cuban landing station, and remote access to traffic on it, could advance the Cuban government’s intelligence objectives by giving it direct access to the U.S. persons’ communications and sensitive data traversing the cable.
- This risk of access is not limited to U.S. traffic destined for Cuba. There are several ways in which traffic destined for places outside Cuba, which otherwise would not traverse Cuban networks, could nonetheless be misrouted by ETECSA or otherwise re-routed over this cable into Cuban territory and the Cuban government’s hands.
- These risks are exacerbated by the Cuban government’s relationships with other foreign adversaries, including the People’s Republic of China and the Russian Federation. The Cuban government could share any information collected from this cable with those foreign adversaries – thereby advancing additional counterintelligence efforts by foreign adversaries against the United States.
Subsea fiber optic cable systems are a critical national security asset and carry most of the world’s internet, voice and data traffic between continents. Although the United States supports the Cuban people’s access to an open, interoperable, secure, and reliable internet, the Committee found that this particular license application pertains to a cable landing that presents unacceptable risks to U.S. national security and law enforcement interests that cannot be mitigated.
The Committee was established pursuant to Executive Order 13913 and is led by the Department of Justice’s National Security Division, Foreign Investment Review Section. The Department of Homeland Security and the Department of Defense are fellow members of the Committee. The Department of Commerce’s National Telecommunications and Information Administration filed the recommendation on behalf of the Executive Branch.
More information concerning the Committee’s recommendation is available on the FCC’s International Bureau Filing System (IBFS), under Docket Number SCL-MOD-20210928-00039
Former DC Corrections Officer Charged with a Federal Civil Rights Violation for Assaulting a Handcuffed InmateRead the Press Release
A federal grand jury in the District of Columbia returned an indictment that was unsealed today charging a former District of Columbia Department of Corrections officer with using unreasonable force.
According to court documents, former D.C. corrections officer Marcus Bias, 26, pushed a handcuffed pre-trial detainee’s head into a metal doorframe while escorting him within the Department of Corrections on June 12, 2019, causing injury to the detainee.
Bias faces a maximum statutory penalty of 10 years in prison for his use of unreasonable force, a term of supervised release, and fines.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Matthew M. Graves for the District of Columbia, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division and Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office made the announcement.
The FBI Washington Field Office investigated the case.
Trial Attorneys Anna Gotfryd and Rebekah Bailey of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Michael Truscott for the District of Columbia 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.
Former Customs and Border Protection Agent Indicted for Federal Civil Rights Violation for Sexually Assaulting and Kidnapping a MinorRead the Press Release
A former agent with U.S. Customs and Border Protection (CBP) was charged in a superseding indictment, unsealed today, in the District of Arizona with three counts: a civil rights violation for sexually assaulting and kidnapping a minor victim, kidnapping a minor victim, and misleading state investigators.
According to the superseding indictment, on April 25, 2022, Aaron Mitchell, 27, was employed as a CBP agent. The alleged minor victim, referred to in the indictment as M.V., was 15-years-old when the defendant allegedly kidnapped and sexually assaulted them. Mitchell is also charged with making a misleading statement to investigators regarding his conduct related to the sexual assault and kidnapping.
If convicted, Mitchell faces a maximum sentence of life in prison, a minimum of 20 years imprisonment, a minimum of five years and up to a lifetime of supervised release and a $250,000 fine.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Gary M. Restaino for the District of Arizona, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division and Special Agent in Charge Akil Davis of the FBI Phoenix Field Office made the announcement.
The FBI’s Sierra Vista resident agency investigated the case.
Assistant U.S. Attorney Carin Duryee for the District of Arizona and Trial Attorney MarLa Duncan of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
United States Files Complaint and Reaches Agreement on Proposal with City of Jackson and State of Mississippi on Interim Solution to the Jackson Water CrisisRead the Press Release
Today, the United States filed a proposal in federal court that — if approved by the court — would appoint an Interim Third Party Manager to stabilize the city of Jackson, Mississippi’s public drinking water system, and build confidence in the system’s ability to supply safe drinking water to the system’s customers. The city and the Mississippi State Department of Health (MSDH) have signed this order and agreed to its terms. At the same time, the Justice Department, on behalf of U.S. Environmental Protection Agency (EPA), filed a complaint against the city alleging that the city has failed to provide drinking water that is reliably compliant with the Safe Drinking Water Act (SDWA) to the system’s customers.
The proposal, which was called a “proposed stipulated order” in court filings, is meant to serve as an interim measure while the United States, the city, and MSDH attempt to negotiate a judicially enforceable consent decree to achieve long-term sustainability of the system and the city’s compliance with the SDWA and other relevant laws.
“Today the Justice Department is taking action in federal court to address long-standing failures in the city of Jackson’s public drinking water system,” said Attorney General Merrick B. Garland. “The Department of Justice takes seriously its responsibility to keep the American people safe and to protect their civil rights. Together with our partners at EPA, we will continue to seek justice for the residents of Jackson, Mississippi. And we will continue to prioritize cases in the communities most burdened by environmental harm.”
“Over the past year, I’ve had the privilege to spend time with people on the ground in Jackson – many who’ve struggled with access to safe and reliable water for years," said EPA Administrator Michael S. Regan. “I pledged that EPA would do everything in its power to ensure the people of Jackson have clean and dependable water, now and into the future. While there is much more work ahead, the Justice Department’s action marks a critical moment on the path to securing clean, safe water for Jackson residents. I’m grateful to the Attorney General for his partnership and commitment to this shared vision.”
“Every American — regardless of where they live, their income, or the color of their skin — deserves access to safe, reliable drinking water,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “For many years now, the people of Jackson have lived in uncertainty — uncertainty about whether, on any given day, the water that flows from their taps will be safe to drink. With our court filings today, we have taken an important step towards finally giving the people of Jackson the relief they so desperately deserve.”
“It is vital that providers of drinking water comply with federal and state laws designed to ensure the safety of the water,” said U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi. “Through this litigation, we will act to ensure that the city of Jackson’s water system will be compliant with the Safe Drinking Water Act and other state and local regulations so that those serviced by the system can have confidence that the water they are consuming is safe. The proposed agreed interim order is a critical first step.”
The proposal seeks the court’s appointment of an Interim Third Party Manager that would have the authority to, among other things:
- Operate and maintain the city’s public drinking water system in compliance with SDWA, the Mississippi Safe Drinking Water Act, and related regulations;
- Take charge of the Water Sewer Business Administration, the arm of the city responsible for billing water users;
- Implement capital improvements to the city’s public drinking water system, in particular, a set of priority projects meant to improve the system’s near-term stability, including a winterization project meant to make the system less vulnerable to winter storms; and
- Correct conditions within the city’s public drinking water system that present, or may present, an imminent and substantial endangerment to the health of the city’s residents.
This court filing marks the latest efforts to address Jackson’s drinking water crisis, but there is much work still to be done to solve the myriad problems plaguing Jackson’s public drinking water system. On July 29, MSDH issued a boil-water notice for Jackson’s public drinking water system. The next month, the city proclaimed an emergency after excessive rainfall and extreme flooding prevented the system from delivering any water to the approximately 160,000 persons living within the city and in certain areas of nearby Hinds County who rely on the system. That meant that many of those residents had no running water to drink, or to use for basic hygiene and safety purposes like washing hands, showering, flushing toilets, fighting fires, or washing dishes. The water pressure was not restored until Sept. 6, and the boil-water notice remained in effect until Sept. 15.
Learn more information about EPA’s efforts in Jackson to date here.
Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here.
Readout of U.S. Attorney General Merrick B. Garland’s Meeting with Dutch Minister of Justice and Security Dilan Yeşilgöz-ZegeriusRead the Press Release
U.S. Attorney General Merrick B. Garland met yesterday in Washington, D.C. with Dutch Minister of Justice and Security Dilan Yeşilgöz-Zegerius.
In the meeting, Attorney General Garland and Minister Yeşilgöz-Zegerius renewed their commitment to the close law enforcement partnership between the United States and the Netherlands. This partnership includes cooperation aimed at combating cybercrime, organized crime, drug trafficking, money laundering, and terrorism, among other law enforcement matters. Both leaders agreed that the cross-border nature of criminal organizations requires enhanced cross-border cooperation.
“Our international partnerships are force-multipliers in the Justice Department’s work to keep our country safe, defend democracy, and uphold the rule of law,” said Attorney General Garland. “We are grateful for the assistance and collaboration of our Dutch law enforcement partners, and we will continue to strengthen our shared efforts to disrupt and combat the most urgent threats facing both of our nations.”
Attorney General Garland thanked Minister Yeşilgöz-Zegerius for the Netherlands’ assistance to the United States’ efforts, through Task Force KleptoCapture, to hold accountable Russian oligarchs and others who seek to evade U.S. sanctions. They also discussed their joint commitment to uphold the rule of law and seek justice for victims of Russia’s continued aggression in Ukraine.