District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Former West Virginia Parole Officer Pleads Guilty to Witness TamperingRead the Press Release
A former Regional Director of Parole Services for the West Virginia Division of Corrections and Rehabilitation in Parkersburg, West Virginia, pleaded guilty today in federal court in the Southern District of West Virginia to witness tampering.
According to court documents, David Jones admitted that earlier this year, he deliberately withheld information and lied to state and federal investigators during their investigations of sexual misconduct reportedly committed by a parole officer supervised by Jones. Jones also admitted that, on multiple occasions from 2020 to this year, he repeatedly instructed a witness in the same investigation to lie to federal investigators and to destroy and withhold evidence. Specifically, Jones admitted that he encouraged the witness to delete recordings she had of the parole officer and that he instructed the witness to delete evidence of his own communications with her.
Jones faces a maximum penalty of up to 20 years in prison, three years of supervised release, and a fine of $250,000. A sentencing date has been set for Jan. 19, 2023.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia made the announcement.
The FBI Pittsburgh Field Division investigated the case. Trial Attorneys Kathryn E. Gilbert and Nikhil Ramnaney of the Justice Department’s Civil Rights Division Criminal Section and Assistant U.S. Attorney Monica Coleman for the Southern District of West Virginia are prosecuting the case.
Former Leader of Proud Boys Pleads Guilty to Seditious Conspiracy for Efforts to Stop Transfer of Power Following 2020 Presidential ElectionRead the Press Release
A former leader of the Proud Boys pleaded guilty today to seditious conspiracy for his actions before and during the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions sought to stop the transfer of power by disrupting a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.
Jeremy Bertino, 43, pleaded guilty in the District of Columbia to seditious conspiracy in connection with the Capitol breach. He also pleaded guilty to a charge of unlawful possession of a firearm, stemming from a court-authorized search of his residence in March 2022. As part of the plea agreement, Bertino has agreed to cooperate with the government’s ongoing investigation.
According to court documents, the Proud Boys describe themselves as members of a “pro-Western fraternal organization for men who refuse to apologize for creating the modern world, aka Western Chauvinists.” Bertino joined the Proud Boys in approximately 2018 and was, for a time, the vice president of his local Proud Boys chapter in South Carolina.
As stated in the court documents, on multiple occasions in 2020, Bertino traveled to Washington, D.C., for rallies as a member of the Proud Boys. During one trip, on Dec. 12, 2020, several individuals, including Bertino and other Proud Boys members, were involved in an altercation. During that altercation, Bertino, among others, was stabbed. Bertino was hospitalized, released, and was still recovering outside of the Washington D.C. area from his injuries as of Jan. 6, 2021. Otherwise, he would have traveled to Washington.
In December 2020, Bertino accepted an invitation from Enrique Tarrio, then Proud Boys’ national chairman, to join a new chapter that Tarrio had devised called the “Ministry of Self Defense” (MOSD). In the weeks leading to Jan. 6, Bertino participated in encrypted chats and other communication with members of MOSD leadership. Bertino understood from his discussions with MOSD leadership that they agreed that the presidential election had been stolen, that the purpose of traveling to Washington on Jan. 6, 2021, was to stop the certification of the Electoral College Vote, and that the MOSD leaders were willing to do whatever it would take, including using force against police and others, to achieve that objective.
Bertino continued to participate in planning sessions as he recovered from his injures. At least as early as Jan. 4, 2021, he received encrypted chat messages indicating that members of MOSD leadership were discussing the possibility of storming the Capitol. On Jan. 6, Bertino monitored activities through mainstream and social media, as well as posting in the MOSD chats. He posted messages himself to MOSD leaders and members to encourage and assist in the operation, such as advising those on the grounds of the Capitol to “form a spear.” Similarly, Bertino posted to his public social media account, “DO NOT GO HOME. WE ARE ON THE CUSP OF SAVING THE CONSTITUTION.” On the evening of Jan. 6, 2021, Bertino messaged Tarrio and celebrated the achievement, saying, among other things, “You know we made this happen,” and “1776 motherf****r.”
The firearms charge stems from an FBI search of Bertino’s residence on March 8, 2022. While executing a search warrant, agents located six firearms, including an AR-15 style firearm with a scope, and more than 3,000 rounds of ammunition. Bertino was barred from possessing firearms and/or ammunition due to a previous conviction.
Bertino was charged in a criminal information that was filed today. Five other members of the Proud Boys, including Tarrio, were indicted on June 6, 2022, on seditious conspiracy and other charges. They have pleaded not guilty and are awaiting trial. A sixth member of the group, Charles Donohoe, 34, of Kernersville, North Carolina, pleaded guilty on April 8, 2022, to conspiracy to obstruct an official proceeding and assaulting, resisting, or impeding officers.
Bertino faces a statutory maximum of 20 years in prison for seditious conspiracy and up to 10 years in prison for the firearms charge. The charges also carry potential financial penalties. No sentencing date was set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia, the Department of Justice National Security Division’s Counterterrorism Section and the Department of Justice Criminal Division’s Organized Crime and Gang Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Western District of North Carolina.
The case is being investigated by the FBI’s Washington, Charlotte, and Columbia, South Carolina Field Offices.
In the 20 months since Jan. 6, 2021, more than 870 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 265 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
Fire Service Plus Inc. Agrees to Pay $985,131 to Resolve False Claims Act Allegations Involving Defective Fire Suppression Foam for the MilitaryRead the Press Release
Fire Service Plus Inc. (FSP), a Georgia-based company, has agreed to pay $985,131 to resolve allegations that it violated the False Claims Act by supplying fire suppression foam that did not meet military specifications, the Department of Justice announced today.
FSP manufactures commercial and military-grade fire suppression foam. FSP’s military grade foam, known as Aqueous Film Forming Foam (AFFF), was sold under the brand name “FireAde MILSPEC.” The United States alleged that from January 2018 through April 15, 2021, FSP falsely certified that its military-grade fire suppression foam was compliant with applicable military specifications when, in fact, it was lacking the correct percentages of a key chemical. The Navy, Defense Logistics Agency and other federal government agencies purchased barrels of FSP’s military-grade foam to extinguish fires.
“Compliance with applicable military specifications is essential to ensure the safety of our military personnel,” said Principal Deputy Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “We will continue to hold accountable those who knowingly violate the rules and regulations governing the purchase of military grade equipment.”
“The Defense Criminal Investigative Service (DCIS) will aggressively pursue allegations against contractors providing substituted or inferior products, which risk the safety of our warfighters,” said Special Agent in Charge Cynthia Bruce for the Department of Defense, Office of Inspector General, DCIS Southeast Field Office. “I appreciate the work of the investigative team to trace and remove all substandard products from inventory across the government ensuring the performance of this life saving equipment.”
“Fire Service Plus’s alleged actions to provide the Department of the Navy with a substandard fire suppressant that failed to meet contract specifications posed a significant and potentially devastating threat to DON personnel and property,” said Special Agent in Charge Peter Tolentino for the NCIS Economic Crimes Field Office. “NCIS extends sincere gratitude to our partners at the DCIS, Coast Guard Investigative Service (CGIS), Department of Transportation Office of Inspector General (DOT-OIG), and Department of Justice for their substantial efforts to protect our nation’s warfighters from harm caused by defective materials that do not meet the high standards of the U.S military. We remain committed to fully investigating allegations of product substitution that threaten the safety and wellbeing of DON personnel.”
“Intentionally selling non-conforming products used in emergency response has the potential to put lives at risk,” said Special Agent in Charge Todd Damiani for the Department of Transportation Office of Inspector General, Southern Region. “As evidenced by the settlement agreement with Fire Service Plus, we remain steadfast in our commitment to working with our partners to maintain standards for goods procured to safeguard our nation’s citizens and service members.”
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) with investigative support from DCIS, NCIS, the Defense Contact Audit Agency-Office of Investigative Support, the Major Procurement Fraud Unit of the Army’s Criminal Investigative Division, CGIS and DOT-IG.
Senior Trial Counsel Art J. Coulter of the Civil Division handled the matter.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Justice Department Awards a Total of Nearly $100 Million to Help Reduce Recidivism and Support Successful Reentry to CommunitiesRead the Press Release
The Department of Justice today announced awards totaling almost $100 million to reduce recidivism and support adults and youths in successfully returning to their communities after a period of confinement.
Office of Justice Programs’ (OJP) Bureau of Justice Assistance (BJA) Director Karhlton F. Moore made the announcement during an event in Brooklyn, New York. The event was hosted by the Osborne Association, a recipient of a grant awarded as part of BJA’s Second Chance Act Community-Based Reentry program. He was joined by U.S. Attorney Damian Williams for the Southern District of New York and U.S. Attorney Breon Peace for the Eastern District of New York.
“As we work to build safer and stronger communities, these grants will prepare and support people coming out of America’s prisons, jails and juvenile facilities, creating a path to opportunity and supplying the tools needed to build productive, successful lives,” said Associate Attorney General Vanita Gupta. “The investments we are making today will help us ensure that individuals returning home are in the best position to succeed.”
OJP’s BJA and Office of Juvenile Justice and Delinquency Prevention (OJJDP) are awarding grants to jurisdictions, nonprofit organizations, research institutions and other agencies to advance the Department’s goals to address the needs of people in correctional facilities and to empower those who have been incarcerated to return home as productive and thriving members of their communities.
The grants announced today will support a wide range of services for people who come into contact with the criminal and juvenile justice systems and for those leaving prisons, jails and youth confinement facilities. Funding will extend the Department’s significant investments in Second Chance Act adult and juvenile reentry programs, promote education and employment activities, support incarcerated parents of minor children, advance evidence-based community supervision services and protect incarcerated individuals from sexual assault.
Almost 550,000 people were released from state and federal prisons in 2020. Yearly releases from local jails are estimated in the millions, based on the number of jail admissions recorded each year and an average turnover rate of less than a month for each person admitted. And based on a one-day count, more than 36,000 youth are in residential placement, poised to return home.
The President’s Executive Order on Effective, Accountable Policing and Criminal Justice Practices called for the creation of an interagency Alternatives and Reentry Committee that is developing an evidence-informed strategic plan for reforms on the federal, state and local levels. The Justice Department is an active member of the committee. The Department is also partnering with the Department of Education to ensure that the field is ready for full Pell implementation for incarcerated individuals under the Second Chance Pell Initiative.
“The safety of our communities greatly depends on the educational, employment, treatment and other opportunities we afford to all who come into contact with the justice system,” said Director Moore. “We are pleased to make these resources available to our state, local and Tribal partners so that they can continue the vital work of welcoming recently incarcerated individuals back into society and providing them the tools they need to succeed.”
“The road to a more humane and effective juvenile justice system begins with a collective commitment to keeping young people out of the system and helping those who are already there find a path to a productive and successful future,” said OJJDP Administrator Liz Ryan. “These investments will open the door for youth to rejoin their communities, reconnect with their families and neighborhoods, and fulfill their true potential.”
Below is a summary of some of the awards tailored to support currently and formerly incarcerated individuals:
- BJA is awarding $16.5 million through its Second Chance Act Community-Based Reentry Program, which provides funding to community-based nonprofit service providers to implement or expand reentry programs that demonstrate strong partnerships with corrections, parole, probation and other reentry service providers.
- BJA is awarding $23.3 million under its Improving Reentry Education and Employment Outcomes program, which is designed to improve correctional educational and employment programs that serve individuals during incarceration and throughout their period of reentry into the community.
- BJA is awarding $5 million through its Second Chance Act Pay for Success Initiative, which provides funding for state, local and Tribal governments to enhance or implement performance-based and outcomes-based contracts with reentry, permanent supportive housing or recovery housing providers to reduce recidivism and address substance use disorder among participants.
- BJA is awarding $3.9 million through its Swift, Certain, and Fair Supervision Program: Applying the Principles Behind Project HOPE program, which provides funding to state, local and Tribal community supervision agencies to develop and test new or enhanced applications of the swift, certain and fair principles of intervention to reduce recidivism and improve outcomes for people under community supervision.
- BJA is awarding $6.4 million under the Smart Reentry and Supervision: Grants, Tools, and Technical Assistance to Facilitate Change initiative, which supports states and units of local government in planning, implementing or expanding effective reentry and supervision practices and service delivery systems that address individuals’ needs and reduce recidivism. The initiative provides technical assistance in addition to site-based funding.
- BJA is awarding $8.5 million under its Improving Adult and Juvenile Crisis Stabilization and Community Reentry Program, which provides funding to state, local and Tribal governments, as well as community-based nonprofit organizations, to enhance or implement clinical services and other evidence-based responses to improve reentry, reduce recidivism and address the treatment and recovery needs of people with mental health, substance use or co-occurring disorders who are currently or were formerly involved in the criminal justice system.
- BJA is awarding $2 million to establish a Community Supervision Resource Center to support the translation of best practices and innovations in community supervision among state, local and Tribal entities responsible for adult probation, parole and pretrial supervision. This new center will complement the work of the BJA-supported National Reentry Resource Center.
- BJA is awarding $1 million under the Tribal Corrections Capacity Building Training and Technical Assistance Program, which will support Tribal communities in implementing and/or enhancing alternatives to incarceration; enhancing Tribal justice system capacity to identify and meet the rehabilitation needs of probationers and those incarcerated; and embracing victim-centered community supervision and reentry approaches to better serve victims of crime.
- BJA is awarding $2.1 million under the Implementing the PREA Standards, Protecting People Who Are Incarcerated, and Safeguarding Communities, which will support projects designed to prevent, detect and respond to sexual abuse and sexual harassment in confinement facilities, and to achieve and maintain compliance with the Prison Rape Elimination Act standards.
- OJJDP is awarding $12.2 million under the Second Chance Act Youth Reentry Program, which is designed to reduce recidivism among youth returning to their communities following confinement and under community supervision, while promoting the fair administration of justice and advancing public safety.
- OJJDP is awarding $5.9 million under its Second Chance Act Addressing the Needs of Incarcerated Parents and Their Minor Children program, which enables states and units of local government to develop programs within detention or correctional facilities to respond to the needs of incarcerated parents who have children younger than the age of 18.
The awards announced above are being made as part of the regular end-of-fiscal year cycle. More information about these and other OJP awards can be found on the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
GM Financial to Pay over $3.5 Million to Resolve Servicemembers Civil Relief Act ClaimsRead the Press Release
The Justice Department announced that GM Financial has agreed to pay over $3.5 million to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by illegally repossessing 71 servicemembers’ vehicles and by improperly denying or mishandling over 1,000 vehicle lease termination requests.
“Members of our Armed Forces should not have to suffer financial hardship as a result of their service to our nation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division remains steadfast in its commitment to enforcing laws that safeguard the rights of our servicemembers so that they can devote their energy and attention to the defense of our country.”
“The last thing servicemembers should be worried about while deployed is paying off vehicle leases they don’t want and can’t use,” said U.S. Attorney Chad E. Meacham for the Northern District of Texas. “As members of our armed forces put their lives on the line for our country, we are determined to protect their rights here at home.”
The SCRA is a federal law that provides certain legal and financial protections for servicemembers and their families. The law prevents an auto finance or leasing company from repossessing a servicemember’s vehicle without first obtaining a court order, as long as the servicemember made at least one payment on the vehicle before entering military service. The SCRA also allows servicemembers to terminate a vehicle lease early after entering military service or receiving certain qualifying military orders. If a servicemember terminates a vehicle lease under the SCRA, the leasing company may not impose any early termination charges and must refund, within 30 days, any rent or lease amounts paid in advance.
The Justice Department began investigating GM Financial after receiving a complaint about a potential violation involving U.S. Army Chief Warrant Officer 3 (CW3) Thomas Gorgeny. In September 2017, CW3 Gorgeny received orders to deploy overseas for 10 months and requested that GM Financial allow him to terminate his vehicle lease early pursuant to the SCRA. Although GM Financial told CW3 Gorgeny that his early termination request was approved and he returned his vehicle to the dealer, months later, while he was deployed overseas, CW3 Gorgeny received a letter from GM Financial demanding that he pay over $15,000 to cover the entire remaining period of the lease, as well as costs associated with the sale of the vehicle.
In a complaint filed in the U.S. District Court for the Northern District of Texas, the department alleges that, since 2015, GM Financial has improperly denied servicemembers’ lease termination requests, charged servicemembers improper early termination fees or lease amounts after the date of termination, and failed to provide servicemembers timely refunds of lease amounts they paid in advance. The department alleges that GM Financial’s failure to properly handle servicemembers’ lease termination requests resulted in over 1,000 SCRA violations. The complaint also alleges that, since 2015, GM Financial has unlawfully repossessed 71 vehicles owned by SCRA-protected servicemembers.
Under the consent order, GM Financial has agreed to pay $3,534,171 to the affected servicemembers and a $65,480 civil penalty to the United States. GM Financial will pay at least $10,000 to each of the 71 servicemembers who had their vehicles unlawfully repossessed. For the servicemembers who were charged an improper fee when they terminated their vehicle leases, GM Financial will refund the fee and will pay additional damages of three times the fee or $500, whichever is greater. Servicemembers whose requests to terminate their vehicle leases were improperly denied will receive a refund of certain payments plus up to $5,000 in additional damages. The order also requires GM Financial to repair the servicemembers’ credit, provide SCRA training to its employees, and implement policies and procedures that comply with the SCRA.
GM Financial is a wholly-owned subsidiary of General Motors, and provides financing for vehicle sales and leases. In 2021, GM Financial had revenue exceeding $13 billion.
This case was handled by the Civil Rights Division’s Housing and Civil Enforcement Section, with the assistance of the U.S. Attorney’s Office for the Northern District of Texas.
Since 2011, the Justice Department has obtained over $480 million in monetary relief for over 123,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil.
FSM Citizen Sentenced for Attempted Illegal Reentry to the United StatesRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Clarence Poch a.k.a. J.M. Irons, age 43, a citizen of the Federated States of Micronesia (FSM) was sentenced on September 27, 2022, to nine months, 24 days imprisonment for Attempted Re-entry of Removed Alien, in violation of 8 U.S.C. § 1326. The Court also ordered one year of supervised release following imprisonment and a mandatory $100.00 special assessment fee.
Poch was deported from the United States to the FSM on January 11, 2012, after being convicted of felony domestic assault in Minnesota. He had no permission to return to the United States. Pock later changed his name to J.M. Irons and obtained a new passport, which enabled his travel from Chuuk to Guam. On November 14, 2021, while traveling to Saipan via Guam, federal immigration officials in Guam arrested Poch after determining his identity through biometric data.
“The use of biometric data enables immigration authorities to identify many individuals arriving at our ports of entry,” stated United States Attorney Anderson. “The manipulation of immigration documents will not defeat this technology. Such conduct will only increase our motivation to seek criminal enforcement.”
The investigation was conducted by Homeland Security Investigations and U.S. Customs and Border Protection. The case was prosecuted by Marivic P. David, Assistant United States Attorney in the District of Guam.
Eleven Defendants Indicted for Obstructing a Reproductive Health Services Facility in TennesseeRead the Press Release
A federal indictment unsealed today charges 11 individuals with violations of the Freedom of Access to Clinic Entrances (FACE) Act.
Chester Gallagher, Heather Idoni, Calvin Zastrow, Coleman Boyd, Caroline Davis, Paul Vaughn, Dennis Green, Eva Edl, Eva Zastrow, James Zastrow and Paul Place were indicted for federal offenses in connection with an alleged reproductive health care clinic blockade in Mount Juliet, Tennessee, on March 5, 2021. Gallagher, Idoni, Calvin Zastrow, Boyd, Davis, Vaughn and Dennis Green were charged with a civil rights conspiracy. All 11 defendants were charged with a Freedom of Access to Clinic Entrances Act (FACE Act) offense.
The indictment returned by a federal grand jury alleges that Gallagher, Idoni, Calvin Zastrow, Boyd, Davis, Vaughn and Green engaged in a conspiracy to prevent the clinic from providing, and patients from receiving, reproductive health services. According to the indictment, as part of the conspiracy, Idoni, Calvin Zastrow, Boyd, Davis and Green traveled to Tennessee from other states to participate in a clinic blockade that was organized by Gallagher, Idoni and others.
The indictment alleges that, beginning in February 2021, Gallagher utilized social media to promote a series of anti-abortion events scheduled for March 4-7, 2021, in the Nashville area. Other co-conspirators then utilized Facebook to coordinate travel and logistics and to identify other participants for the blockade. On March 4, 2021, Boyd and Gallagher advertised the blockade of the Carafem Health Center Clinic, in Mount Juliet, Tennessee, which was planned for the following day. In his social media post, Gallagher referred to the blockade as a “rescue.” Boyd also began a Facebook livestream broadcast of the clinic blockade at 7:45 a.m. on March 5, 2021. This livestream broadcast was titled, in part, “Mount Juliet, Tennessee, Rescue March 5, 2021,” and livestreamed the blockade event as his coconspirators and others blocked the clinic’s entry doors and prevented a patient and an employee from entering. The livestream also broadcast members of the group attempting to engage a patient and her companion as Boyd told his livestream audience that the patient was a “mom coming to kill her baby.”
The indictment further alleges that on March 5, 2021, the 11 individuals, aided and abetted by one another, used force and physical obstruction to injure, intimidate and interfere with employees of the clinic and a patient who was seeking reproductive health services.
The indictment also alleges that all 11 defendants violated the FACE Act by using physical obstruction to intimidate and interfere with the clinic’s employees and a patient, because the clinic was providing, and the patient sought reproductive health services. All defendants will have appearances scheduled in U.S. District Court in Nashville at a later date.
If convicted of the offenses, the seven conspiracy defendants each face up to a maximum of 11 years in prison, three years of supervised release and fines of up to $350,000. The remaining five defendants face a year in prison, one year of supervised release and a fine of up to $10,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee made the announcement.
The FBI investigated the case. Trial attorneys of the Justice Department’s Civil Rights Division and the Civil Rights Coordinator for the U.S. Attorney’s Office for the Middle District of Tennessee are prosecuting the case.
Anyone who has information about incidents of violence, threats and obstruction that target a patient or provider of reproductive health services, or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov. For more information about clinic violence, and the Department of Justice’s efforts to enforce FACE Act violations, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.
The charges contained in an indictment are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
California Man Sentenced to Prison for Multimillion Dollar Tax Fraud Scheme Involving Professional Athletes and PPP Loan FraudRead the Press Release
A California man was sentenced today to 10 years in prison for conspiring with others in schemes to defraud the Internal Revenue Service (IRS) and the Paycheck Protection Program (PPP), a federal loans initiative designed to help businesses pay their employees and meet expenses during the COVID-19 pandemic.
According to court documents and statements made in court, Quin Ngoc Rudin, 55, a convicted felon, was the Secretary, Director and Chief Financial Officer of Mana Tax Services, a tax preparation business in the Los Angeles area. Rudin engaged in a conspiracy to commit two fraud schemes using Mana Tax while on supervise release.
First, Rudin conspired with his brother, Thanh Rudin, 59, of Rosemead, California, as well as Seir Havana, 46, of North Hollywood, California, and others to prepare and file with the IRS a series of false income tax returns on behalf of at least nine professional athletes. The false tax returns reported fictitious business and personal losses to generate refunds the athletes were not entitled to receive. Rudin also filed amended tax returns for most of the athletes for prior years to correct what he falsely characterized as “errors” made by their previous accountants. Mana Tax charged the athletes a fee of 30% of the resulting refunds issued by the IRS. Rudin’s tax fraud scheme caused a total tax loss of more than $19 million.
Second, Rudin and his co-conspirators, also including Milton Estrada, 49, of Fullerton, California, at Mana Tax also prepared and submitted false applications for PPP loans on behalf of small businesses, shell companies, and other business entities they controlled. Rudin and his co-conspirators prepared fraudulent PPP loan applications for these firms in exchange for a fee of 30% of the resulting loan. The co-conspirators submitted fabricated tax returns to support the PPP loan applications, and some of the business owners never saw their loan applications before Mana Tax filed them. To conceal the 30% fee from the government, Rudin and his co-conspirators directed the businesses to pay the co-conspirators with cashier’s checks and to note on the memo lines that the checks were related to payroll. To obtain fraudulent PPP loans on behalf of shell companies and other business entities they controlled, Rudin and the co-conspirators grossly inflated the number of employees and monthly payroll costs claimed on the applications. Some of the businesses were not eligible for any PPP loan funds at all because they did not have any payroll expenses. The fraud loss to the U.S. government stemming from the PPP scheme exceeded $43 million.
Rudin committed these crimes while he was on supervised release for another fraud scheme in California. He pleaded guilty on May 13 to one count of conspiracy to defraud the United States and to commit wire fraud, as well as to one count of wire fraud. Three other co-conspirators, including Rudin’s brother, Thanh Rudin, Seir Havana and Milton Estrada also pleaded guilty as part of this conspiracy. Thanh Rudin and Havana are scheduled to be sentenced on Nov. 9. Milton Estrada is to be sentenced on Dec. 21.
"I commend the hard work of the Eastern District of Virginia, the Tax Division, IRS Criminal Investigation and the Federal Bureau of Investigation,” said Kevin Chambers, Director of COVID-19 Fraud Enforcement. “The department will continue to aggressively pursue all who exploited the pandemic as a means to enrich themselves at the expense of those for whom pandemic relief funds were intended.”
“Quin Ngoc Rudin defrauded the Treasury of tens of millions of dollars by securing grossly inflated tax refunds and fraudulently obtaining COVID relief loans with fabricated tax returns,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “Tax preparers should know that whether their clients are professional athletes or the neighbor down the block, they need to do their jobs honestly and professionally, or face the consequences.”
“Between the complex and calculated tax fraud scheme and the PPP fraud to steal funds designated to provide relief to Americans suffering from the pandemic, this defendant’s crimes resulted in a staggering loss in the tens of millions,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “Today’s sentence demonstrates the swift and exacting justice that awaits anyone who attempts to steal funds from the U.S. Government and taxpayers. This result is in no small part due to the diligence of the investigative agents on this case, who reacted decisively to identify the scheme and recover significant portions of defrauded taxpayer funds.”
“Today, Quin Ngoc Rudin was sentenced for his fraudulent scheme to exploit a program designed to provide to those in need during the COVID-19 pandemic. It is unacceptable for anyone to prioritize their own greed above others and steal funds from the American taxpayers. Rudin and his co-conspirators spent their fraudulently obtained funds to further their scheme, including traveling on private jets to portray themselves as successful business owners,” said Special Agent in Charge Wayne A. Jacobs of the FBI Washington Field Office Criminal Division. “The FBI and our partners will work to bring those to justice who attempt to enrich themselves at the expense of others and take advantage of government programs designed to aid businesses, people, and our economy during a time of need.”
“Honest taxpayers are fed up with crooks like Quin Rudin who defrauded a government program meant to help those in need to line their pockets while skirting their tax obligations," said Special Agent in Charge Darrell Waldon of the IRS-Criminal Investigation Washington, D.C. Field Office. "Rudin and his conspirators devised a scheme to steal from a CARES Act loan program to fund their lifestyles. His actions not only caused negative ramifications to those financially connected to him, but also the honest taxpayer when he and his conspirators committed significant tax fraud violations.”
The United States recovered over $15 million of the fraud proceeds. Rudin’s restitution amount will be ordered at a later date.
U.S. Attorney Jessica D. Aber for the Eastern District of Virginia; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; Special Agent in Charge Wayne A. Jacobs of the FBI Washington Field Office Criminal Division; and Special Agent in Charge Darrell J. Waldon of the Washington, D.C. Field Office, IRS-Criminal Investigation made the announcement after sentencing by Senior U.S. District Judge Anthony J. Trenga.
The U.S. Attorney’s Office for the Central District of California and U.S. Small Business Administration provided assistance with the investigation.
Assistant U.S. Attorneys Kimberly M. Shartar and Kimberly R. Pedersen for the Eastern District of Virginia and Assistant Chief David Zisserson of the Tax Division prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:22-cr-46.
Cheyenne Man Charged with Drug and Firearm OffensesRead the Press Release
Acting United States Attorney Nicholas Vassallo announced today that a grand jury returned an indictment charging GRADY LYNN PEOPLES, 50, of Cheyenne, Wyoming, with possession with intent to distribute methamphetamine and fentanyl and being an unlawful user of a controlled substance in possession of a firearm. Peoples has been arrested and appeared before United States District Court Magistrate Judge Kelly H. Rankin on September 27, 2022, for an arraignment hearing and pleaded not guilty to the charges. A trial has been set for November 28, 2022, before Chief United States District Court Judge Scott W. Skavdahl.
Peoples faces no less than five years and up to life imprisonment with five years to life of supervised release, up to $20,250,000 in fines and a $300 special assessment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This crime was investigated by the Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorneys Timothy J. Forwood and Stephanie Sprecher.
An indictment merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.Case No: 22-CR-00090-SWS
Readout of Election Threats Task Force Briefing with Election Officials and Workers on Grant-Funding for Physical Election Security EnhancementsRead the Press Release
Assistant Attorney General Kenneth A. Polite, Jr. convened a virtual discussion today with a bipartisan group of approximately 300 election officials and workers to brief them on available grant funding for physical security enhancements under federal programs and the potential applicability of state and local fiscal recovery funds under the American Rescue Plan.
Members of the election community heard directly from representatives from the State Administering Agencies responsible for administering federal grant funds that are available for increased physical election security in their respective states. Those states included Arizona, Colorado, Delaware, and Wisconsin. The election community also heard directly from representatives with the Department of Homeland Security’s Preparedness grants program, and from the Election Assistance Commission on the use of Help America Vote Act (HAVA) funds. These federal and state representatives discussed points of contact, deadlines, and strategies for accessing various funding streams that can be used to enhance the physical security of the election community.
Finally, the election community received an update on the work of the Justice Department’s Election Threats Task Force, including a briefing from the FBI on communication and coordination with FBI Election Crime Coordinators in the lead up to the November election.
Joining Assistant Attorney General Polite in the briefing today was Principal Deputy Chief John Keller of the Justice Department’s Public Integrity Section, FBI Special Agent Lindsay Capodilupo, FBI’s National Program Coordinator for the Election Crime Coordinator Program, and Michelle M. Garcia, Deputy Director for Programs at the department’s Bureau of Justice Assistance.
Justice Department Releases Information on Efforts to Protect the Right to VoteRead the Press Release
Consistent with longstanding Justice Department practices and procedures, the Civil Rights Division is providing information about its efforts to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation and suppression in the upcoming Nov. 8, 2022, general election.
The Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right. The Civil Rights Division undertakes its important work to protect the right to vote all throughout each year, and this year’s work continues longstanding department tradition.
The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including: the Voting Rights Act; the National Voter Registration Act; the Uniformed and Overseas Citizens Absentee Voting Act; the Help America Vote Act; and the Civil Rights Acts. Collectively, these laws:
- Prohibit election practices that have either a discriminatory purpose or a discriminatory result on account of race, color or language minority status;
- Prohibit intimidation of voters;
- Allow voters who need assistance in voting because of disability or inability to read or write to receive assistance from a person of their choice (other than agents of their employer or union);
- Require minority language election materials and assistance in certain jurisdictions;
- Require accessible voting systems for voters with disabilities;
- Require that provisional ballots be offered to voters who assert they are registered and eligible to vote in the jurisdiction, but whose names do not appear on poll books;
- Require states to provide for absentee voting for uniformed service members serving away from home, their family members also away from home due to that service, and U.S. citizens living abroad; and
- Require covered states to offer the opportunity to register to vote through offices that provide driver licenses, public assistance and disability services, as well as through the mail; and to take steps regarding maintaining voter registration lists.
The Civil Rights Division’s Disability Rights Section enforces the Americans with Disabilities Act (ADA), which prohibits discrimination in voting based on disability. The ADA applies to all aspects of voting, including voter registration, selection and accessibility of voting facilities, and the casting of ballots on Election Day or during early voting, whether in-person or absentee.
The Civil Rights Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.
Leading up to Election Day, Nov. 8, 2022, the Civil Rights Division will implement a comprehensive program to help ensure the right to vote, including the following:
- The Civil Rights Division will lead monitoring in the field on Election Day to observe compliance with federal voting rights laws.
- Division attorneys in Washington, D.C., will be ready to receive complaints of potential violations of any of the statutes the Civil Rights Division enforces. Attorneys in the division will coordinate within the Department of Justice and will take appropriate action concerning these complaints before, during, and after Election Day.
- Individuals with complaints related to possible violations of federal voting rights laws can call the department’s toll-free telephone line at 800-253-3931, and also can submit complaints through a link on the department’s website, at https://civilrights.justice.gov/.
- Individuals with questions or complaints related to the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or submit a complaint through a link on the department’s ADA website, at gov.
All complaints related to violence, threats of violence or intimidation at a polling place should be reported first to local police authorities by calling 911; after alerting local law enforcement to such emergencies by calling 911, the public should contact the department.
Closer to election day, the department expects to provide additional information regarding its efforts to protect the right of vote and the election process, including where the Civil Rights Division will monitor elections in the field on Election Day.
For more information about the department’s work to ensure compliance with federal civil and criminal laws related to voting, please visit Voting | Department of Justice.
Justice Department Finds Nevada Unnecessarily Segregates Children with Behavioral Health Disabilities in InstitutionsRead the Press Release
The Department of Justice announced today that it has concluded an investigation into whether the State of Nevada subjects children with behavioral health disabilities to unnecessary institutionalization in violation of Title II of the Americans with Disabilities Act (ADA).
The Justice Department determined that Nevada violates the ADA by failing to provide adequate community-based services to children with behavioral health disabilities, relying instead on segregated, institutional settings like hospitals and residential treatment facilities. Hundreds of children are isolated in residential treatment facilities each year though they could remain with their families if provided necessary, community-based services. Over a quarter of these children stay over a year, and some of them are placed outside of Nevada, far from their homes. Nevada also fails to connect children who have been placed in institutions with services to allow them to successfully return to the community.
“Children with disabilities should receive the services they need to remain with their families and in their communities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division looks forward to working with Nevada to bring the State into compliance with federal law and prevent the unnecessary institutionalization of children.”
The department’s investigation found Nevada lacks needed community-based services such as intensive in-home services, crisis services, intensive care coordination, respite, therapeutic foster care and other family-based supports. As a result, hundreds of Nevada children are segregated for months, often very far from home. Nevada officials have expressed a desire to work with the department to resolve the identified issues.
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Expands Transnational Elder Fraud Strike Force to Protect Older Americans from FraudRead the Press Release
The Justice Department announced today that as part of its continuing efforts to protect older adults and to bring perpetrators of fraud schemes to justice, it is expanding its Transnational Elder Fraud Strike Force, adding 14 additional U.S. Attorney’s Offices. Since 2019, current Strike Force members — including the Department’s Consumer Protection Branch, six U.S. Attorneys’ Offices, the FBI, U.S. Postal Inspection Service, and Homeland Security Investigations — have brought successful cases against the largest and most harmful global elder fraud schemes and worked with foreign law enforcement to disrupt criminal enterprises, disable their infrastructure, and bring perpetrators to justice. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat sophisticated fraud schemes that target or disproportionately impact older adults. The expansion will increase the total number of U.S. Attorneys’ Offices comprising the Strike Force from six to 20, including all of the U.S. Attorneys’ Offices in the states of California, Arizona, Texas, Florida, Georgia, Maryland, and New York.
“We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”
“At the FBI, we swear an oath to protect the American people, and this includes our most vulnerable populations like the elderly,” said FBI Director Christopher Wray. “Efforts like these display our unwavering dedication to protecting our older citizens and combating fraudsters who look to exploit them. I am proud of the work by FBI agents and analysts, as well as our local, state, and federal law enforcement partners, in bringing those criminals to justice. If you think you may be a victim of elder fraud, or you know someone who is, we encourage you to reach out. We are here to help.”
“The U.S. Postal Inspection Service is a longstanding member of the Transnational Elder Fraud Strike Force," said Chief Gary Barksdale of the Postal Inspection Service. Postal inspectors are proud to contribute to the impactful cases that help numerous victims, many of them older Americans, and aid in the recovery of their losses through restitution. Postal inspectors have a long history of protecting the vulnerable, and our ongoing efforts demonstrate the Postal Inspection Service’s continued commitment to the task. We are excited to learn of the Department of Justice’s decision to expand the strike force.”
The strike force expansion will further enhance the Department’s existing efforts to protect older adults from fraud and exploitation. During the period from September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged. The matters tackled by the Department and its partners ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made over the last year to return money to fraud victims.
In the past year, the Department has held multiple transnational organized crime syndicates to account for their targeting of older Americans. On Sept. 16, 2022, for instance, the Department’s Consumer Protection Branch and the U.S. Attorney’s Office for the Southern District of California secured a guilty plea from the Chief Executive Officer of a global telecommunications provider for serving as a gateway carrier for Indian-based fraudulent robocalls that targeted elderly Americans. Similarly, in September 2021, the U.S. Attorneys’ Offices for the Eastern and Northern Districts of Texas secured two indictments collectively charging 34 individuals with, allegedly, facilitating a range of schemes, including romance scams. In March 2022, an individual charged by the U.S. Attorney’s Office for the Central District of California was sentenced to nine years in prison for participating in an international scheme that placed phone calls purportedly from government agents warning victims that they faced arrest or that their identities or assets were in jeopardy.
Many schemes connected to transnational criminal organizations involved impersonation to convince victims into sending money to fraudsters. “Grandparent scams” are especially pernicious versions of such schemes. Those scams typically begin when a fraudster contacts an older adult and poses as either a family member or someone calling on behalf of a family member. Call recipients are told that their family member is in jeopardy and urgently needs money. When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations (RICO) Act, a federal judge described such scams “heartbreakingly evil.” That case was brought by the Department’s Consumer Protection Branch and the U.S. Attorney’s Office for the Southern District of California and investigated by the FBI’s San Diego Elder Justice Task Force. The Department also prosecuted other grandparent scam cases during the last year in the Middle District of Pennsylvania, Western District of Pennsylvania, District of Maryland, Central District of California, Southern District of Illinois, and Southern District of Indiana.
Other cases advanced by the Department over the past year with a more local nexus involved schemes in which individuals who knew their victims took advantage of those victims’ trust. For instance, in March 2022, the U.S. Attorney’s Office for the Northern District of Ohio convicted at trial an investment advisor, charged in 2020, who stole more than $9.3 million from his customers; the advisor was sentenced to nearly 22 years in prison. In September 2022, the U.S. Attorney’s Office for the Eastern District of Missouri secured charges against a bank branch manager who, allegedly, stole $175,000 from elderly customers by, among other things, logging into customer accounts and transferring funds.
Efforts to Return Money to Victims
The Department and its law enforcement partners continue to use all of the tools available to return money to elder fraud victims, including forfeiture, remission, restoration, restitution, and direct payments. As part of the Department’s efforts since September 2021, approximately 550,000 fraud victims were notified that they could be eligible to receive a payment. More than 150,000 of those victims cashed checks totaling $52 million,* and thousands more are eligible to receive checks.
In one matter resolved on Sept. 15, 2022, Wiland Inc., a consumer data company, agreed through a non-prosecution agreement to pay $4.4 million in victim compensation for its acknowledged sale of consumer data to operators of fraudulent schemes. Victims of fraud schemes that used consumer data sold by Wiland (many of whom were older adults) were targeted with “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services if victims paid a fee. Many victims lost thousands of dollars. The matter was prosecuted by the Department’s Consumer Protection Branch and the U.S. Attorney’s Office for the District of Colorado, and was investigated by the U.S. Postal Inspection Service.
Victim compensation paid by Wiland as part of its resolution with the Department will be added to a fund previously developed in connection with cases brought against two other marketing companies by the Department’s Consumer Protection Branch and the U.S. Attorney’s Office for the District of Colorado, with the support of the U.S. Postal Inspection Service. The two companies, Epsilon Data Management LLC and KBM Group LLC, entered into deferred prosecution agreements in January 2021 and June 2021, respectively, that required them to distribute $127.5 million and $33.5 million, respectively, to victims who were included on consumer lists sold by Epsilon and KBM Group to fraudsters. In addition, all three of the companies agreed through their resolutions to implement significant compliance and reporting obligations to prevent the recurrence of misconduct.
Compensation payments associated with the Epsilon, KBM, and Wiland resolutions have been, and will continue to be, sent directly to eligible victims identified through a review of relevant evidence by the Department of Justice. Information about compensation payments is available here.
The Department also continued its efforts to return money to consumers, especially older Americans, who were victimized by scams and paid fraudsters via Western Union. In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission. Since March 2020, more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud. The Money Laundering and Asset Recovery Section of the Department’s Criminal Division and numerous U.S. Attorneys’ Offices secured and are administering the resolution with Western Union. Information about payments made through the Western Union resolution is available here.
In addition, the FBI’s Internet Crimes Complaint Center (IC3) successfully employed its Recovery Asset Team (RAT) to identify ongoing elder fraud schemes and to freeze victims’ funds before they could reach fraudsters’ pockets. Over the last 12 months, the IC3 RAT worked approximately 375 incidents involving older adult victims, freezing over $21 million, making recovery and return of those funds possible.
The Consumer Financial Protection Bureau also published a report that provides the first comprehensive description of the experience of how and when older adults recover funds they have lost to fraud and exploitation. The report derives insights from interviews with older adults, caregivers, and professionals.
Public Education, Outreach, and Fraud Reporting
In conjunction with today’s announcement, the Department, the Consumer Financial Protection Bureau, the Department of Health and Human Services’ Administration for Community Living, the COPS Office, AmeriCorps Seniors, and other agencies and components are conducting outreach to raise public awareness of grandparent scams. Free awareness materials related to grandparent scams are available from the CFPB here and from the FTC here.
The Department also commended FinCEN for releasing an advisory to alert financial institutions to the rising trend of elder financial exploitation. Filings under the Bank Secrecy Act (BSA) are a critical tool in the fight to protect older adults, and the Department is engaging with financial institutions to amplify FinCEN’s advisory and emphasize the importance of BSA filings.
Reporting from consumers about fraud and fraud attempts is critical to law enforcement efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available through the National Elder Fraud Hotline: 1-833 FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. ET. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.
Some of the cases referenced in today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
* The original version of this release stated the number of victims as 160,000 and the check amount totaling $62 million. The correct numbers are 150,000 victims and $52 million.
Florida Man Pleads Guilty to Federal Hate Crime for Racially-Motivated Attack on a Black ManRead the Press Release
Robert Lashley, 52, pleaded guilty today to a federal hate crime for attacking a Black man because of his actual and perceived race.
According to the plea agreement, on Nov. 17, 2021, Lashley traveled to the Family Dollar in Citrus Springs, Florida, where the victim, a Black man, was shopping inside. Lashley followed the victim outside into the parking lot and then attacked him, striking the victim multiple times. Lashley and his co-defendant, Roy Lamar Lashley, directed racial slurs towards the victim before, during and after the attack. The victim sustained injuries to his face and legs, including a laceration to the inside of his mouth.
“The defendant is being held accountable for subjecting a Black man to a brutal and racially-motivated assault,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Convictions like these make clear that the Department of Justice will continue to investigate and prosecute individuals who violently assault others because of their race. Racially-motivated hate crimes have no place in our society.”
“Acts of violence against anyone because of their race or ethnicity are abhorrent,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We will continue to work with our law enforcement partners to ensure that such crimes are prosecuted to the fullest extent of the law.”
"Hate crimes are not only an attack on the victim, these crimes threaten and intimidate entire communities,” said Special Agent in Charge Sherri E. Onks for the FBI Jacksonville Field Division. “Because of their wide-ranging impact, investigating and preventing hate crimes is a top priority for the FBI and we will stop at nothing to protect the public from these heinous crimes.”
A sentencing hearing has not yet been set. Lashley faces a maximum term of 10 years imprisonment, three years of mandatory supervised release and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Lashley was charged in an indictment that was unsealed on June 17. The indictment charged Lashley and co-defendant Roy Lamar Lashley, each aiding and abetting one another, with willfully causing bodily injury to the victim because of the victim’s actual and perceived race. The case against the co-defendant Roy Lashley remains ongoing.
Assistant Attorney General Clarke, U.S. Attorney Handberg and Special Agent in Charge Onks made the announcement.
The FBI and the Citrus County Sheriff’s Office investigated the matter. Trial Attorneys Maura White and Matthew Tannenbaum of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney William Hamilton of the Middle District of Florida are prosecuting the case.
For more information and resources about the department’s work to combat hate crimes, visit www.justice.gov/hatecrimes.
Landmark U.S.-UK Data Access Agreement Enters into ForceRead the Press Release
The Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland on Access to Electronic Data for the Purpose of Countering Serious Crime (“Data Access Agreement” or “Agreement”) entered into force today. The Agreement is authorized by the Clarifying Lawful Overseas Use of Data (CLOUD) Act, a law enacted by Congress in 2018, and will be the first agreement of its kind, allowing each country’s investigators to gain better access to vital data to combat serious crime in a way that is consistent with privacy and civil liberties standards.
Under the Data Access Agreement, service providers in one country may respond to qualifying, lawful orders for electronic data issued by the other country, without fear of running afoul of restrictions on cross-border disclosures. The Data Access Agreement fosters more timely and efficient access to electronic data required in fast-moving investigations through the use of orders covered by the Agreement. This will greatly enhance the ability of the United States and the United Kingdom to prevent, detect, investigate, and prosecute serious crime, including terrorism, transnational organized crime, and child exploitation, among others.
The Data Access Agreement sets out numerous requirements that must be met for U.S. or UK authorities to invoke the Agreement. For example, orders submitted by U.S. authorities must not target persons located in the UK and must relate to a serious crime. Similarly, orders submitted by UK authorities must not target U.S. persons or persons located in the United States and must relate to a serious crime. U.S. and UK authorities must also abide by agreed requirements, limitations and conditions when obtaining and using data obtained under the Data Access Agreement.
The United States and the United Kingdom have selected Designated Authorities responsible for implementation of the Data Access Agreement for each country. For the United States, the Designated Authority is the Department of Justice’s Office of International Affairs (OIA), and for the United Kingdom it is the Investigatory Powers Unit of the UK Home Office.
Among its various functions as U.S. Designated Authority, OIA has created a CLOUD team to review and certify orders that comply with the Agreement on behalf of federal, state, local, and territorial authorities located in the United States, transmit certified orders directly to UK service providers, and arrange for the return of responsive data to the requesting authorities.
For more information on the CLOUD Act, the Data Access Agreement and OIA, please visit: https://www.justice.gov/cloudact and https://www.justice.gov/criminal-oia.
Justice Department, U.S. Fish and Wildlife Service, and State of Ohio Reach Natural Resource Damages Settlement with Dover Chemical CorporationRead the Press Release
Dover Chemical Corporation has agreed to implement and fund natural resource restoration and protection projects to resolve alleged state and federal natural resource damages (NRD) associated with the Dover Chemical Corporation Superfund Site and the surrounding NRD assessment area in Dover, Ohio. The proposed consent decree, lodged today by the Justice Department on behalf of the Department of Interior’s U.S. Fish and Wildlife Service, together with the Ohio Attorney General’s Office, the state of Ohio and the Ohio Environmental Protection Agency (Ohio EPA), is related to a 2017 complaint. That action resulted in a 2018 decree that implemented the final Superfund remedial work at the Site and expressly reserved the right of Ohio and the United States to pursue compensation for natural resource damages.
The proposed decree addresses natural resource damages, with Dover Chemical Corporation agreeing to implement projects that will restore and protect 28.5 acres of wetlands in Stark County and protect 195 acres of riparian habitat in Tuscarawas, Jefferson, Columbiana, and/or Belmont counties. Dover Chemical Corporation will also pay $880,000 to the State of Ohio to fund projects near the Site to protect, restore, or enhance state ground water resources. Finally, Dover Chemical Corporation will pay for costs incurred by Ohio and the United States to assess injuries to natural resources associated with the Site, including approximately $648,000 for state assessment costs and $745,000 for federal assessment costs.
“Today’s consent decree is a milestone in our efforts to protect and restore our valuable natural resources in Dover, Ohio, and the surrounding area,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to vigorously pursue natural resource damage claims in cooperation with our state partners.”
“Ohio takes threats to our environment and natural resources seriously,” said Ohio Attorney General Dave Yost. “This consent decree is good for the environment and good for the people of Tuscarawas County.”
“We at the U.S. Fish and Wildlife Service worked in coordination with the State of Ohio to reach this settlement that will help restore fish and wildlife resources affected by release of contaminants,” said Service Deputy Midwest Regional Director Charles Traxler. “We are pleased to be part of the effort to restore a part of Ohio's natural heritage.”
“This consent decree is a positive step forward and the projects that Dover Chemical has committed to under the decree will result in improvements to stream habitats and waterways in the area,” said Ohio EPA Director Laurie A. Stevenson.
Dover Chemical Corporation has operated a chemical plant in Dover, Ohio, from 1951 to the present, producing chemicals that include alkyl phenols, chlorinated paraffin, and organophosphites. The United States’ 2017 complaint in this matter alleged that operations at the plant have resulted in decades of releases of hazardous substances to the Site. Ohio EPA and the Fish and Wildlife Service are joint trustees for the biological and surface water resources impacted by contamination at the site, while Ohio EPA is the trustee for the ground water resource.
The trustees began an NRD assessment in 2009 that evaluated natural resource injuries to land surrounding the Dover Chemical Corporation plant and ground water impacted by an underground plume of contamination that extends to the south of the plant. The assessment identified injury to the surface water (including sediments), biological resources (including supporting habitats), and ground water resources in the assessment area caused by hazardous substances.
The proposed decree, lodged in the U.S. District Court for the Northern District of Ohio, resolves the United States’ and Ohio’s NRD allegations under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. The settlement is subject to a 30-day public comment period and final court approval. It will be available for viewing at www.justice.gov/enrd/consent-decrees.
The Fish and Wildlife Service and the Ohio EPA are seeking concurrent public comment on the Draft Restoration Plan/Environmental Assessment (Draft RP/EA). The Draft RP/EA informs the public about the proposed NRD restoration and protection projects included in the negotiated settlement. The trustees invite the public to view and comment on the Draft RP/EA from Oct. 3, 2022 to Nov. 2, 2022 at https://fws.gov/project/dover-chemical-corp-nrdar-sugar-creek-ohio.
Justice Department Secures Agreement to Protect Access to Reproductive Health ServicesRead the Press Release
The Justice Department announced an agreement today with defendant Daniel Courney to resolve a federal lawsuit filed against Courney for his alleged violations of the Freedom of Access to Clinic Entrances (FACE) Act. The FACE Act protects the right to access and provide reproductive health services, including abortion.
The FACE Act prohibits anyone from using force, threats of force or physical obstruction against any person seeking or providing reproductive health services. The complaint filed against Courney alleges that he violated the FACE Act on two occasions in October 2021. In both instances, according to the complaint, Courney used physical force against a patient escort at a health clinic in Englewood, New Jersey, to attempt to prevent the volunteer from assisting individuals seeking the clinic’s services.
The proposed consent decree, which still must be approved by the U.S. District Court for the District of New Jersey, orders Courney to stay away from the clinic permanently, prohibits future FACE Act violations and requires Courney to pay a monetary penalty.
“Reproductive health care providers must be free to carry out their work free from interference or intimidation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to enforcing federal law to protect providers and all people seeking access to reproductive health care across our nation.”
“Access to reproductive healthcare is a fundamental right,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Individuals must be able to access facilities like the Englewood clinic to make decisions about their own bodies, health and futures, in consultation with health care providers. Those providers are entitled to offer services free from the threat of violence against them. Our office remains committed to the enforcement of the FACE Act throughout the District of New Jersey to protect these important rights. We encourage anyone with information about potential FACE Act violations to contact our office.”
The Justice Department is committed to the protection of reproductive rights and recently announced the formation of its Reproductive Rights Task Force to protect those rights nationwide.
Anyone in imminent danger should call 911 or local police. Contact your local FBI field office by calling 1-800-CALL-FBI (or 1-800-225-5324) or via tips.fbi.gov.
Anyone in the District of New Jersey may report potential FACE Act violations or other threats to reproductive freedom by calling the Civil Rights Hotline, 855-281-3339, or by submitting an online complaint here.
Senior Civil Rights Counsel R. Joseph Gribko of the U.S. Attorney’s Office’s Civil Rights Division and Assistant U.S. Attorney Susan Millenky for the District of New Jersey are prosecuting the case.
Justice Department Resolves Disability Discrimination Lawsuit Against Housing Authority of New Orleans PropertiesRead the Press Release
The Department of Justice announced that the Housing Authority of New Orleans (HANO) and seven private developers have agreed to pay $250,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to design and construct eight multifamily residential properties and associated places of public accommodation so that they are accessible to persons with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the properties.
The settlement, which must be approved by the U.S. District Court for the Eastern District of Louisiana, requires the defendants to pay all costs related to the retrofits, provide $200,000 for a settlement fund to compensate individuals harmed by the inaccessible housing, and pay a civil penalty of $50,000 to the federal government.
“Under federal law, people with disabilities must have the same access to housing as other people,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These eight properties house thousands of residents, many of whom live with a disability. This settlement will ensure that residents with disabilities will have an equal opportunity to live safely in and enjoy their homes.”
“All citizens deserve safe, affordable and accessible housing,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The successful resolution of this matter helps meet the needs of our vulnerable, disabled and elderly residents.”
The properties at issue are Bienville Basin, Columbia Parc, Faubourg Lafitte, Fischer Senior Village, Guste III, Harmony Oaks, Marrero Commons and River Garden. Seven of these properties were developed as part of HANO’s post-Hurricane Katrina redevelopment of its public housing projects.
The accessibility barriers alleged to exist at the properties include, among other violations, steps and excessive slopes leading to unit entry doors or building entrances from sidewalks and other public areas; common areas and amenities that are not usable by persons with disabilities, such as mailboxes mounted too high for persons using wheelchairs to reach; insufficiently wide openings at interior doors that make them inaccessible for many persons with mobility impairments; inadequate interior space to maneuver a wheelchair; and inaccessible parking.
Individuals who believe they or someone they know may have had difficulties by inaccessible features at any of the above properties should contact the Justice Department at [email protected] or leave a message at 1-800-896-7743 ext. 996.
The Justice Department, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the FHA, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other protections, the FHA requires that all multifamily housing constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental offices and associated restrooms and parking at issue in this case.
More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report housing discrimination by calling the Justice Department at 1-833-591-0291, emailing [email protected], or submitting a report online. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.
Justice Department Finds Minnesota Department of Corrections Violates Rights of Incarcerated Individuals with DisabilitiesRead the Press Release
On Sept. 30, 2022, the Justice Department found that the Minnesota Department of Corrections (MNDOC) violated the Americans with Disabilities Act (ADA) by denying incarcerated individuals with disabilities enrolled in its General Educational Development (GED) program opportunities to apply for and receive needed modifications on the GED exam. The MNDOC offers GED preparation courses and practice tests and administers the GED exam inside all of its adult prison facilities. The letter of findings asks the MNDOC to work with the department to resolve the civil rights violations identified during its investigation.
“The ADA gives people with disabilities, including people in correctional facilities, the right to equal access to educational opportunities, like GED programs,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Civil Rights Division remains committed to enforcing the ADA and ensuring that all people with disabilities can learn and be tested not on their disabilities, but on their knowledge and skills.”
After receiving complaints and conducting its investigation, the department found that the MNDOC discriminate against individuals with disabilities in multiple ways, including by: (1) failing to notify them about reasonable modifications for GED courses, practice tests and exams; (2) failing to give them reasonable modifications, such as extended time and breaks, in GED courses and on practice tests, and (3) preventing them from applying for GED exam accommodations. Without reasonable modifications, many incarcerated individuals with disabilities repeatedly failed their practice tests or official exams, were denied access to other prison programs, and were released from incarceration without a GED. To fix these issues, the department’s letter asks the MNDOC to take corrective actions, including changing policies and procedures, putting an ADA coordinator in place, training staff and reporting to the department.
Under Title II of the ADA, the department provided the MNDOC with written notice of the supporting facts for these findings and the remedial measures necessary to address them. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. ADA complaints may be filed online at http://www.ada.gov/complaint.
Former Contractor Pleads Guilty to Bid Rigging and BriberyRead the Press Release
A former construction contractor became the second person to plead guilty for participating in a bid-rigging and bribery scheme involving California Department of Transportation (Caltrans) improvement and repair contracts.
According to a plea agreement filed today in the U.S. District Court for the Eastern District of California in Sacramento, William D. Opp engaged in a conspiracy, from early 2015 through at least as late as August 2018, to thwart the competitive bidding process for Caltrans contracts to ensure that companies controlled by co-conspirators or himself submitted the winning bid and would be awarded the contract. As part of the conspiracy, Opp formed a separate construction company, with his wife as the nominal president, to submit sham bids on Caltrans contracts.
“Today’s guilty plea involves crimes affecting industries that receive significant federal funding for infrastructure and transportation,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The Antitrust Division and its Procurement Collusion Strike Force are redoubling efforts to enforce the law against bid-rigging and fraud that steals taxpayer dollars.”
Opp also pleaded guilty to paying bribes to Choon Foo “Keith” Yong, a former contract manager for Caltrans, a California state agency that receives significant federal funding. On April 11, 2022, Yong pleaded guilty to his role in the bid-rigging and bribery scheme. According to Yong’s plea agreement, he received bribes in the form of cash payments, wine, furniture, and remodeling services on his home. The total value of the payments and benefits Yong received exceeded $800,000.
Opp is scheduled to be sentenced on Jan. 30 2023, by U.S. District Judge Kimberly J. Mueller for the Eastern District of California. For the bid-rigging conspiracy, Opp faces a maximum statutory penalty of 10 years of incarceration and a fine up to $1 million or twice the gross pecuniary loss resulting from the offense. For bribery concerning programs receiving federal funds, Opp faces a maximum statutory penalty of 10 years of incarceration and a fine up to $250,000 or twice the gross pecuniary loss resulting from the offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Today’s guilty plea is the second to result from a joint investigation by the Antitrust Division’s San Francisco office, the U.S. Attorney’s Office for the Eastern District of California, and the FBI’s Sacramento Division as part of the Justice Department’s Procurement Collusion Strike Force (PCSF).
In November 2019, the Department of Justice created the PCSF, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. To learn more about the PCSF, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to federal government contracts, go to https://www.justice.gov/procurement-collusion-strike-force.
Former Alabama Police Chief Indicted for Excessive Force and Lying to InvestigatorsRead the Press Release
A federal grand jury in the Southern District of Alabama indicted former Citronelle Police Department Chief John Tyler Norris for using excessive force against a man while on duty and for misleading state investigators.
According to the indictment, on June 30, 2021, Norris, 43, while on duty, assaulted I.M., a man in his custody. Norris is also charged with making a misleading statement to local investigators regarding his conduct related to the assault. If convicted, Norris faces a maximum sentence of ten years in prison for the alleged use of force and 20 years in prison for making a misleading statement.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Sean P. Costello for the Southern District of Alabama and Special Agent in Charge Paul W. Brown for the FBI Mobile Field Office made the announcement.
The FBI Mobile Field Office is investigating the case. Assistant U.S. Attorney Vicki Davis for the Southern District of Alabama and Trial Attorneys Maura White and MarLa Duncan of Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Court Orders West-Palm Beach Tax Preparer to Pay Contempt Sanction for Violating Permanent InjunctionRead the Press Release
A federal court in the Southern District of Florida has ordered a return preparer operating in the West Palm Beach area to pay $213,500 in fees he received for preparing tax returns in violation of a permanent injunction that barred him from filing, preparing, or helping to prepare federal tax returns for others.
The United States sued Nate E. Dameus, doing business as Mobile Tax Express Services, in May 2021. The Government’s complaint alleged that Dameus prepared returns for customers that fraudulently understated the tax those customers owed and/or overstated the refund to which they were entitled. The complaint alleged, for example, that Dameus prepared returns with fabricated tax withholdings and bogus claims for unreimbursed employee business expenses like car mileage, tools, cell phone services and meals. In addition, the complaint alleged that Dameus routinely falsified home improvement expenses on his customers’ returns to claim residential energy credits his customers were not entitled to receive. With Dameus’ consent, the court issued an injunction in September 2021 that permanently barred him from preparing tax returns for others.
The United States filed a motion on July 26, 2022, asking the court to hold Dameus in contempt for violating that injunction. According to the motion, Dameus used the Preparer Tax Identification Number assigned to his cousin, Fedson Dameus, to covertly prepare at least 305 tax returns for customers in 2022 in violation of the injunction. The motion also alleged that at least some of those returns reported fictitious business and “other income” losses, and false employer credits for paid family and medical leave. Before the scheduled hearing on the motion, Dameus stipulated that the United States could prove that those facts by clear and convincing evidence consented to an order finding him in contempt for continuing to prepare returns in violation of the injunction and agreed to pay $213,500. The court entered the order holding Dameus in contempt on Sept. 29, 2022. In addition to ordering Dameus to surrender ill-gotten fees, the court ordered him to reimburse the government for the costs incurred to investigate his violations and enforce the injunction.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Wisconsin Man Sentenced to 20 Years in Prison for Sex Trafficking of an Adult and a MinorRead the Press Release
A federal judge in the Western District of Wisconsin sentenced Cory Hereford, 51, to 20 years in prison for sex trafficking and related charges. Hereford was convicted after a four-day trial in February 2022 of sex trafficking, conspiracy to commit sex trafficking, maintaining a property for the purposes of distributing and using controlled substances and of having committed sex trafficking of a minor while being a person previously convicted of a crime that required registering as a sex offender. The court additionally imposed 20 years of supervised release.
The government presented evidence at trial that Hereford conspired with co-defendant, Tonyiel Partee of Janesville, Wisconsin, to recruit an adult victim struggling with drug addiction, to engage in commercial sex. He also enticed a minor victim, who was 16 years old at the time, with access to drugs. In some instances, he threatened to withhold the heroin to induce withdrawal sickness as a means of compelling the victims to engage in prostitution for his profit.
“This defendant preyed on vulnerable young women, and he cruelly exploited their addictions for his own profit,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This conviction shows that the Civil Rights Division is committed to seeking justice for survivors of sex trafficking. We will work tirelessly to hold traffickers accountable for these heinous crimes that erode the safety of our communities.”
“Hereford exploited young and vulnerable women, leveraging drug addiction to force them into prostitution,” said U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin. “My office is committed to working with our law enforcement partners to hold such predators accountable for their crimes.”
“Human trafficking investigations are complex, time consuming and dependent upon earning the trust of our victims,” said Chief David Moore for the Janesville Police Department. “Janesville detectives worked countless hours to bring this case to prosecution. The Janesville Police Department respects the U.S. Attorney’s Office for their leadership, perseverance and dedication to the prosecution of the case. Finally, our victims are safe.”
The case was investigated by Janesville Police Department, with the assistance of Wisconsin Department of Justice, Division of Criminal Investigation and the Rock County Sheriff’s Office. Assistant U.S. Attorney Julie Pfluger for the Western District of Wisconsin and Trial Attorney Slava Kuperstein of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org.
Readout of Russian Elites, Proxies, and Oligarchs (REPO) Task Force Deputies MeetingRead the Press Release
Treasury Deputy Secretary Wally Adeyemo and Deputy Attorney General Lisa O. Monaco today convened the Russian Elites, Proxies, and Oligarchs (REPO) Task Force Deputies to accelerate oligarch asset forfeiture efforts in response to Russia’s illegal war in Ukraine.
Participants from Australia, Canada, the European Commission, France, Germany, Japan, Italy, the United Kingdom, and the United States discussed ongoing initiatives to tailor already robust asset forfeiture tools and maximize the impact of our joint work on Russian elites and their cronies for their complicity in Putin’s illegal invasion. Participants noted legislative efforts, including the Administration’s proposals to forfeit oligarch assets on an expedited timeline, to forfeit property used to facilitate sanctions evasion, to expand our ability to enforce foreign forfeiture judgments in U.S. courts, and to include sanctions and export control violations among the crimes that fall within the definition of racketeering. Together, these proposals would expand our ability to forfeit assets, including those of entire criminal enterprises.
As Russia continues to commit flagrant violations of international law, the United States remains committed to using all tools at its disposal to hold Russia accountable and help Ukraine. Together with our partners, the steps we have taken so far have immobilized Russian assets as one of several means to induce Russia to come into compliance with its international law obligations, including the obligation to pay reparations. We also have degraded Russia’s ability to wage its unjust war by limiting Russia’s access to the global financial system and to the technology and other imports they need to maintain its military industrial base and equip its armed forces.
Peter Quifunas and Doreen Esther Quitaro Sentenced to Federal Prison for Trafficking MethamphetamineRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands announced that Peter Quifunas, age 25, and Doreen Esther Quitaro, age 48, both from Yona, Guam, were sentenced in the United States District Court of Guam to federal prison for Attempted Possession of Fifty or More Grams of Methamphetamine Hydrochloride with the Intent to Distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Quifunas was sentenced to 120 months imprisonment, five years of supervised release following imprisonment, and a mandatory $100.00 special assessment fee. Quitaro was sentenced to 70 months imprisonment, three years of supervised release following imprisonment, and a mandatory $100.00 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On September 7, 2021, federal agents obtained a warrant to search a U.S. Priority Mail package sent from Long Beach, California to a Yona address. The package contained 401 grams of methamphetamine hydrochloride that was 98% pure. The drugs were discovered inside 42 plastic bags secured in small balloons, which were further concealed inside 42 “Cra-Z-Art” paint bottles, a children’s washable paint set.
On September 9, 2021, agents conducted a controlled delivery of the package. The drugs were replaced with a fake substance prior to the delivery. The defendants were arrested after they obtained and opened the package, which a relative retrieved from one of the cluster boxes in the Yona Mayor’s Office. A search was conducted on Quifunas’ vehicle, where agents recovered a .40 caliber pistol with an obliterated serial number located in the center console. Agents also recovered numerous zip lock baggies and a digital scale from Quitaro’s vehicle.
“Drug trafficking through the mail system, including cluster boxes, is an ongoing concern to law enforcement,” stated United States Attorney Anderson. “As this case reveals, this activity does not go undetected regardless of the schemes devised by traffickers. Combating drug crimes, particularly those involving firearms, will remain a high priority for our office.”
“Drug dealers have no business at the Post Office. Today’s sentences show that Postal Inspectors will use all the tools available to identify criminals who attempt to use the U.S. Mail to traffic controlled substances, and bring them to justice.” said Kevin Rho, Acting Inspector in Charge, USPIS, San Francisco Division. "Investigations like this will continue thanks to dependable teamwork with our partners in federal law enforcement."
This matter was investigated by Homeland Security Investigations, United States Postal Inspection Service and Drug Enforcement Administration. These cases were prosecuted by Marivic P. David and Laura C. Sambataro, Assistant United States Attorneys in the District of Guam.
Insulation Contracting Firm and Co-Owner Sentenced for Rigging Bids and FraudRead the Press Release
Thomas F. Langan (Langan), the co-owner of North Haven, Connecticut, insulation contracting firm Langan Insulation LLC (Langan Insulation) was sentenced to one year and a day’s imprisonment on Sept. 28 in Bridgeport, Connecticut, for his participation in bid-rigging and fraud schemes targeting public and private entities in Connecticut. Langan Insulation LLC was sentenced to a $150,000 criminal fine for its role in the schemes. Both defendants were also ordered to pay restitution to their victims. These are the first and second sentencings arising out of the investigation into the insulation contracting industry.
According to guilty pleas entered in 2020, the defendants conspired with other insulation contractors to rig bids and engage in fraud on contracts for installing insulation around pipes and ducts on construction projects at universities, hospitals, and other public and private entities in Connecticut. The conspiracy ran for nearly seven years, beginning as early as October 2011 and continuing until as late as March 2018. Five other individuals and companies have pled guilty to criminal conduct arising out of this investigation and await sentencing.
“Today’s sentences reflect the seriousness of offenses that subvert the competitive process and target public and private institutions,” said Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division. “We will pursue and hold accountable executives and companies who undermine the competitive process for personal gain and corporate greed.”
“As this bid-rigging scheme victimized hospitals, universities, municipalities and businesses throughout Connecticut, the prison term and financial penalties imposed should send a strong message that will deter others from engaging in criminal, anti-competitive behavior,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “I thank the FBI, DCIS, and the Antitrust Division for their work in bringing the perpetrators of this brazen scheme to justice.”
“It is imperative that the public we serve understand that the FBI and its law enforcement partners will pursue corporate executives that cheat and defraud financial systems designed to ensure fair business practices,” said Special Agent in Charge David Sundberg of the FBI New Haven Field Office. “Today’s sentence is an example of that accountability.”
“Combating anticompetitive practices that undermine the Department of Defense (DoD) procurement system is a top priority of the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the DoD’s Office of Inspector General,” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “We will continue to partner with the Department of Justice and the FBI to ensure that the market for construction services provided to the U.S. military remains competitive.”
Langan and Langan Insulation previously pleaded guilty to one count of bid rigging under Section 1 of the Sherman Antitrust Act and one count of conspiracy to commit wire fraud. Langan was also ordered to pay a $20,000 criminal fine, restitution in the amount of $480,900, and a special assessment of $200. In addition to its criminal fine, Langan Insulation was ordered to pay restitution in the amount of $480,900 and a special assessment of $800.
This investigation is being conducted by the Antitrust Division’s New York Office, the U.S. Attorney’s Office for the District of Connecticut, the FBI’s New Haven Division and the DCIS’s New Haven Resident Agency.
In November 2019, the Department of Justice created the Procurement Collusion Strike Force, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government — federal, state and local. To contact the Procurement Collusion Strike Force, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to construction or infrastructure, go to https://www.justice.gov/procurement-collusion-strike-force.
Barrigada Woman Sentenced 120 Months in Federal Prison for Drug TraffickingRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that Audrey Jean Wolford (“Wolford”), age 45, from Barrigada, Guam, was sentenced in the United States District Court of Guam to 120 months imprisonment for Conspiracy to Distribute Fifty or More Grams of Methamphetamine Hydrochloride, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and Engaging in Monetary Transaction with Proceeds of Specified Unlawful Activity, in violation 18 U.S.C. § 1957. The Court also ordered five years of supervised release following imprisonment and a mandatory $200 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits. The Court also ordered forfeiture of Wolford’s Barrigada residence, jewelry, and Infiniti vehicle to the government, as they were purchased with illegal drug proceeds.
From January 2013 to February 2019, Wolford, Vincent Raymond Rios (“Rios”), and other co-conspirators agreed to purchase and distribute methamphetamine in Guam. Wolford carried approximately $10,000 cash on her person as she accompanied Rios to purchase drugs from their supplier in the U.S. mainland. Rios packaged the drugs and Wolford prepared the U.S. Postal forms, mailing the packages containing methamphetamine to Guam. Wolford and Rios then traveled back to Guam where they retrieved their drug packages. The methamphetamine was then distributed to Eric Aponik, Joshua Ulloa, Josephine Quintanilla, and numerous other people in Guam, many of whom have been sentenced. The proceeds from the methamphetamine sales were returned to Wolford and Rios.
After the execution of search warrants, it was discovered that Wolford sent and received text messages that recorded her sales of methamphetamine by the gram, plate, and pound. She sold the methamphetamine out of her rental property located at 223 Bejong Street, Barrigada, Guam and met drug customers at hotels and other public places.
In 2016, the Wolford and Rios provided Aponik with $125,000 in drug proceeds that he deposited in his employer’s bank account, Reaction Inc. The company issued a check in the amount of $125,000 to Title Guaranty of Guam, Inc. where Wolford used the laundered money to purchase rental property in Barrigada.
Wolford also paid protection fees to a retired Guam Police Department officer, who advised Wolford how to avoid detection and arrest by law enforcement as she distributed drugs. As part of Wolford’s plea agreement, she agreed that 1,800 grams of methamphetamine were attributable to her conduct.
In June 2020, the district court sentenced Rios to 27 years imprisonment for Conspiracy to Distribute Fifty Grams or More of Methamphetamine Hydrochloride, in violation of 21 U.S.C. § 841(a)(1); 20 years imprisonment for Attempted Possession with Intent to Distribute, in violation of 21 U.SC. § 841(a)(1); and 10 years imprisonment for two counts of Money Laundering, in violation of 18 U.S.C. § 1957. Those sentences are being served concurrently at the federal Bureau of Prisons. Rios also forfeited over $1,183,939.00, in addition to a condominium at Apusento Gardens and a home in Gloria Circle, Dededo.
“This case reflects the hard work of the many law enforcement agencies that pursued this drug trafficking organization across multiple jurisdictions,” stated United States Attorney Anderson. “It resulted in substantial criminal penalties, in addition to the forfeiture of a remarkable amount of ill-gotten gains to the government. We will continue to dedicate our resources toward identifying, disrupting, and dismantling these drug organizations in Guam.”
“Ms. Wolford’s actions clearly warrant this sentence,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “The harm that these drugs bring to our communities are clear. The fact that she recruited a retired law enforcement officer in her drug enterprise makes it that much worse.”
"Using the mail to traffic harmful controlled substances hurts members of our community and everyone’s trust. Postal Inspectors will continue to work to keep controlled substances out of the U.S. Mail and our communities" said Kevin Rho, Acting Inspector in Charge, USPIS, San Francisco Division. "I would like to thank Guam Customs and Quarantine Agency, and our federal law enforcement partners for their ongoing commitment to these prosecutions."
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This joint investigation was conducted by the Bureau of Alcohol, Firearms and Explosives, United States Postal Inspection Service, Drug Enforcement Administration, and the assistance from the Guam Customs and Quarantine Agency. The case was prosecuted by Rosetta L. San Nicolas, Assistant United States Attorney in the District of Guam.
Atlantic Richfield Company Agrees to Complete Multimillion-Dollar Cleanup of the Anaconda Smelter Superfund SiteRead the Press Release
The Atlantic Richfield Company (AR) has agreed to complete its cleanup of the Anaconda Smelter Superfund Site (Site) in Deer Lodge County, Montana, the Department of Justice and the Environmental Protection Agency announced today. The state of Montana, on behalf of the Department of Environmental Quality, is also a signatory to the consent decree that was lodged today in the U.S. District Court in Butte, Montana.
Decades of copper smelting activity at the town of Anaconda polluted the soils in yards, commercial and industrial areas, pastures and open spaces throughout the 300-square-mile Anaconda Site. This pollution has in turn contributed to the contamination of creeks and other surface waters at the Site, as well as of alluvial and bedrock ground water. The closure of smelting operations in 1980 left large volumes of smelter slag, flue dust and hazardous rock tailings that have had to be secured through a variety of remediation methods.
Under the settlement, AR — a subsidiary of British Petroleum — will complete numerous remedial activities that it has undertaken at the Anaconda Site pursuant to EPA administrative orders since the 1990s. Among other actions, AR will finish remediating residential yards in the towns of Anaconda and Opportunity, clean up soils in upland areas above Anaconda and eventually effect the closure of remaining slag piles at the Site. The estimated cost of the remaining Site work, including operation and maintenance activities intended to protect remediated lands over the long-term, is $83.1 million. AR will pay $48 million to reimburse the EPA Superfund Program for EPA and Department of Justice response costs, and will pay approximately $185,000 to the U.S. Forest Service for oversight of future remedial activities on Forest Service-administered lands at the Site.
“We are pleased that Atlantic Richfield has agreed to finalize its long-term cleanup of the Anaconda Site,” said Assistant Attorney General Todd Kim of Justice Department’s Environment and Natural Resources Division. “Today’s consent decree follows other important settlements with Atlantic Richfield over the past two decades that have substantially improved the environment and restored valuable natural resources in the Upper Clark Fork basin. This settlement is also the product of a successful federal-state partnership to secure cleanup of a major hazardous waste site.”
“I was born in Anaconda the same year the smelter closed and while I never saw smoke coming out of the smokestack that still stands over Anaconda, I know what it represents,” said U.S. Attorney Jesse Laslovich for the District of Montana. “It is a symbol representing the hard work of many Anacondans, including members of my family, that built our town, but it’s also a symbol of a Superfund site that has existed for far too long. If the Smokestack represents our past, this consent decree represents our future. Many people, some who are no longer with us, worked diligently to get us to this point and I’m grateful beyond words for all of their work. Our water will be cleaner, our soils will be purer, our slag will be covered, and our future will be brighter because of this historic agreement.”
“This settlement highlights the Agency’s vigorous enforcement to ensure the complete cleanup of the Anaconda Smelter Superfund site,” said EPA Acting Assistant Administrator for Enforcement and Compliance Assurance Larry Starfield. “The work performed under this settlement will further protect the environment and the health of the people who live, work and play in this community.”
“I am very pleased to announce the release of the proposed 2022 sitewide consent decree for the Anaconda Smelter NPL Site,” said EPA Regional Administrator KC Becker. “Over the last several decades, EPA and MDEQ have made great strides in ensuring the cleanup of open space, residential areas, creeks and groundwater by Atlantic Richfield throughout Anaconda-Deer Lodge County. This cleanup of contaminated soils that impact surface waters and remediation of the largest slag piles at Anaconda builds on that progress.”
“This is an important milestone for the people of Anaconda and Montana. A lot of great cleanup work has already been done, and this consent decree will ensure that remaining remediation needs are funded and completed,” said Amy Steinmetz, Montana Department of Environmental Quality Waste Management and Remediation Division administrator.
The consent decree filed today in U.S. District Court in Butte, Montana, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Department of Justice website at: https://www.justice.gov/enrd/consent-decrees.
Under Montana state law, the Department of Environmental Quality is separately required to put the consent decree out for public comment. The state’s public comment period will run concurrently with the federal public comment period. The consent decree will be available on DEQ’s website at: https://deq.mt.gov/News/publiccomment-folder/Anaconda-CD-9-22.
The consent decree and other information related to the Anaconda Site are available on EPA’s webite page at: www.epa.gov/superfund/anaconda-co-smelter.
Michael Rodriguez Cepeda Sentenced to 108 Months in Federal Prison for Attempted Possession of Methamphetamine with Intent to DistributeRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Michael Rodriguez Cepeda, age 50, from Guam, was sentenced in the United States District Court of Guam to 108 months imprisonment for Attempted Possession of Methamphetamine with Intent to Distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1). The Court also ordered five years of supervised release following imprisonment. In addition, the Court restated Cepeda’s mandatory obligation to register with the sex offender registration agency in the state/territory that he will take up residency or work. Cepeda’s duty to register was the result of a 1990 conviction for First Degree Criminal Sexual Conduct in the Superior Court of Guam. The district court also imposed a mandatory $100 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On August 4, 2021, Michael Rodriguez Cepeda attempted to receive a mail parcel that contained approximately 1,365 gross grams of methamphetamine. Law enforcement tracked Cepeda as he left an area of cluster mailboxes directly across from the Yona Mayor’s Office in Yona, Guam. Cepeda opened the package and then attempted to evade law enforcement. Following his arrest, Cepeda admitted that he was paid $4,000 for receiving each package of drugs. He also disclosed that this was the third package received.
“This case involved yet another attempt to use postal cluster boxes to facilitate drug trafficking,” stated United States Attorney Anderson. “The penalties clearly outweigh the personal gain to those engaging in this criminal activity. We will continue our enforcement efforts to send this message to drug traffickers and hold them accountable.”
“Methamphetamine is a dangerous drug that is appearing with alarming frequency in the islands,” said John. F. Tobon, Special Agent in Charge, HSI Honolulu. “We continue to collaborate with our law enforcement partners to investigate and prosecute dealers so offenders like Cepeda are brought to justice.”
"In Guam and across the country, Postal Inspectors are committed to identifying and arresting drug traffickers to keep controlled substances out of the U.S. Mail" said Kevin Rho, Acting Inspector in Charge, USPIS, San Francisco Division. "I would like to thank our law enforcement partners for their continuing dedication and teamwork."
This investigation was conducted by the Homeland Security Investigations and the United Postal Inspection Service. The case was prosecuted by Rosetta L. San Nicolas, Assistant United States Attorney in the District of Guam.
Louisiana Man Pleads Guilty to Kidnapping a Gay Man as Part of Scheme to Kidnap and Murder Grindr UsersRead the Press Release
Chance Seneca, 21, of Lafayette, Louisiana, pleaded guilty today before U.S. District Judge Robert Summerhays to one count of kidnapping.
According to his plea agreement, Seneca admitted that on June 20, 2020, he used Grindr, a dating application for gay and bisexual men, to kidnap and attempt to murder H.W., a gay man. Specifically, Seneca acknowledged that he used Grindr to propose a meeting with H.W., and that he drove H.W. to an isolated house, took out a handgun and told him to put on handcuffs. Seneca then attempted to murder and dismember H.W. Seneca acknowledged that he intended to murder and dismember H.W. for the purpose of satisfying his homicidal urges, and that he had planned to continue murdering until he was caught or killed.
“The actions and intentions of the defendant in this case were shocking,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The internet should be accessible and safe for all Americans, regardless of their gender or sexual orientation. The Justice Department will continue to identify and hold accountable anyone who uses online spaces as a means to terrorize or abuse others.”
“The facts surrounding the events that took place in this case are very disturbing,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “It is nothing short of miraculous that the victims who endured the vicious attacks from this defendant survived. We will continue to fight to seek justice for victims who suffer at the hands of defendants such as this.”
The statutory maximum for the kidnapping offense is life imprisonment. Seneca faces additional exposure under the U.S. Sentencing Guidelines if the sentencing court finds beyond a reasonable doubt that he intentionally selected the victim because of the victim’s actual or perceived gender or sexual orientation. Sentencing is scheduled for Jan. 25, 2023.
Assistant Attorney General Clarke, U.S. Attorney Brown and Special Agent in Charge Douglas A. Williams Jr. for the FBI New Orleans Field Office made the announcement.
The FBI and the Lafayette Police Department conducted the investigation. This case is being prosecuted by Deputy Criminal Chief Myers Namie of the Western District of Louisiana and Trial Attorney Thomas Johnson of the Civil Rights Division.
Justice Department Settles Discrimination Claims Against Architect of Pennsylvania Senior Living FacilitiesRead the Press Release
The Justice Department announced that J. Randolph Parry Architects P.C. (Parry) has agreed to settle a federal lawsuit alleging that it violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to design and construct senior living facilities to be accessible to people with disabilities.
Under the consent order that was approved by the U.S. District Court for the Eastern District of Pennsylvania, Parry will pay $350,000 to fund retrofits at eight Pennsylvania properties, $75,000 into a settlement fund to compensate individuals harmed by the inaccessible housing and $25,000 to the government as a civil penalty to vindicate the public interest. The retrofits will, among other things, make the kitchens and bathrooms at these properties more accessible and useable. The department previously resolved its claims against defendant LifeQuest Nursing Center, the developer and owner of one of the properties. The department’s lawsuit against the owners of other properties will continue and is unaffected by these settlements.
“The Justice Department is committed to vigorously enforcing the federal laws guaranteeing people with disabilities equal access to housing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. This settlement should serve as a reminder to architects and developers across the country that they cannot ignore federally-mandated accessibility requirements, including those that apply to housing for seniors.”
The consent order requires Parry to contribute funds toward retrofits and to compensate persons who have been harmed as a result of the inaccessible conditions at these properties:
- Traditions of Hanover, Bethlehem, Pennsylvania
- Chestnut Knoll, Boyertown, Pennsylvania
- Keystone Villa, Douglasville, Pennsylvania
- Arbour Square, Harleysville, Pennsylvania
- Traditions of Hershey, Hershey, Pennsylvania
- The Birches, Newtown, Pennsylvania
- Cedar Views Apartments, Philadelphia, Pennsylvania
- Lifequest Nursing Center Addition, Quakertown, Pennsylvania
Individuals who believe they or someone they know may have had difficulties because of the inaccessible conditions at any of these properties should send an e-mail to the Justice Department at [email protected] or leave a message at 1-833-591-0291 and select option numbers (1-4-1).
The Justice Department’s Civil Rights Division enforces the FHA, which prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. This law requires that multifamily housing buildings with four or more units constructed after March 13, 1991, have basic accessible features. Enacted in 1990, the ADA requires that places of public accommodation, such as rental offices at multifamily housing complexes constructed after Jan. 26, 1993, be accessible to persons with disabilities.
More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination tip line at 1-833-591-0291, e-mailing the Justice Department at [email protected], or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
Justice Department Awards $100 Million to Reduce Community ViolenceRead the Press Release
The Department of Justice announced today grant awards totaling $100 million to help communities across the U.S. reduce gun crime and other serious violence. The announcement was made during a visit by Department officials to Baltimore, Maryland, home to three community-based organizations receiving funding under the Department’s Office of Justice Programs (OJP) Community Violence Intervention and Prevention Initiative.
OJP Principal Deputy Assistant Attorney General Amy L. Solomon announced the awards during a roundtable meeting with Baltimore youth hosted by Roca Inc., one of three organizations in the city receiving funding. The grants are jointly administered by OJP’s Bureau of Justice Assistance, Office of Juvenile Justice and Delinquency Prevention and Office for Victims of Crime. OJP’s National Institute of Justice will also support evaluations of projects funded under this initiative, contributing to the growing body of evidence regarding the effectiveness of violence intervention strategies.
“The grants announced today, which will go directly to supporting community violence intervention efforts, are an important part of our strategy to leverage the full force of the Department – including all 94 U.S. Attorney's offices, our law enforcement agencies, and grant-making components – to combat violent crime and keep communities safe,” said Attorney General Merrick B. Garland.
The Black Mental Health Alliance for Education and Consultation Inc., and the Living Classrooms Foundation, Inc., also received grants. BJA Director Karhlton F. Moore and Baltimore Deputy Mayor Anthony Barksdale joined in the announcement, as did Kurt Palermo, Executive Vice President of Maryland Roca; Cheryl Riviere, Program Director of Living Classrooms Foundation; and Andrea Brown, Executive Director of Black Mental Health Alliance Education and Consultation Inc. Kunle Adeyemo, Executive Director of the Governor's Office of Crime Prevention, Youth, and Victim Services, also joined the event. The roundtable was facilitated by Eddie Bocanegra, a veteran of Chicago’s community violence intervention movement and now the Senior Advisor for Community Violence Intervention at OJP.
Based on a Bureau of Justice Statistics analysis of data from the FBI’s Supplementary Homicide Reports, of the more than 21,500 murders known to law enforcement in 2020, more than half—56%—of the victims were between the ages of 15 and 34. Research has shown that social factors such as income inequality, the level of trust in institutions and a lack of economic opportunities are associated with firearm-related homicide rates. Evidence also shows that fear and the desire for physical safety, more than any criminal inclination, drive young people to carry and use firearms in the most violence-torn sections of our cities. Community violence interventions are grounded in research and have shown a promising track record of curbing gun traffic, reducing shootings, and saving lives.
The awards announced today, funded in part through the Bipartisan Safer Communities Act, mark a historic investment in community violence intervention programs from the Department of Justice.
“For too long, we have undervalued the wealth of resources available through community organizations and those with lived experience,” said Principal Deputy Assistant Attorney Solomon. “We know there's a better way, one that builds on what we have learned about violence and its causes. If we hope to achieve sustainable reductions in violence, we must embrace our community assets as a central ingredient in violence reduction strategies.”
The resources made available under the Community Violence Intervention and Prevention Initiative will develop and expand the infrastructure needed to build community safety and strengthen neighborhoods. They will support holistic, cross-agency collaborations, seed new efforts, and fund expansion plans in both community-based organizations and local government agencies, provide funding and assistance through intermediaries to build the capacity of smaller organizations, offer technical aid to jurisdictions that do not receive federal funding and invest in research and evaluation to better understand what works to reduce violence.
Awards are made to the following organizations and agencies:
- Acenda Inc. $1,500,000
- Black Mental Health Alliance for Education & Consultation Inc. $1,497,989
- Connie Rice Institute for Urban Peace $1,500,000
- Community Network Services Inc. $1,450,800
- Centro C.H.A. Inc. $1,500,000
- New Kensington Community Development Corporation $1,500,051
- Nonviolent Peaceforce $1,500,000
- Reclamation & Restoration Ministries $1,498,637
- County of Buncombe $1,496,756
- County of Dekalb $1,500,000
- County of Leon $1,495,663
- City of Tampa $1,500,000
- County of Alameda $1,500,000
- City of Syracuse $1,484,887
- County of Contra Costa $1,500,000
- City of Flint $1,500,000
- Lake County State’s Attorney’s Office $1,500,000
- Building Opportunities for Self-Sufficiency $ 641,050
- Metropolitan Family Services $2,000,000
- Newark Community Street Team Inc. $2,000,000
- The Osborne Association Inc. $2,000,000
- Prevention Education Inc. $1,564,024
- Roca, Inc. $1,998,807
- Circle of Brotherhood $2,000,000
- Alliance of Concerned Men $2,000,000
- Children and Youth Justice Center $2,000,000
- Exodus Transitional Community Inc. $2,000,000
- Getting Out & Staying Out Inc. $2,000,000
- HMH Hospitals Corporation $1,999,403
- Taller Salud Inc. $2,000,000
- The Living Classrooms Foundation, Inc. $1,950,000
- The North Carolina Youth Violence Prevention Center $2,000,000
- City of Baton Rouge $2,000,000
- City of Tucson $2,000,000
- City of Cleveland $1,994,908
- County of Fulton $2,000,000
- City of Greensboro $2,000,000
- City of Hartford $1,999,567
- City of Jacksonville $2,000,000
- City of Kansas City, Missouri $2,000,000
- City of Omaha $1,890,251
- City of Rapid City $2,000,000
- City of Richmond $1,966,278
- City of Los Angeles $2,000,000
- County of Salt Lake $2,000,000
- County of Harris $1,999,715
- Local Initiatives Support Corporation $2,000,000
- Metropolitan Family Services $2,000,000
- Latino Coalition for Community Leadership $2,000,000
- The Community Based Public Safety Collective $3,029,009
Training and Technical Assistance Awards:
- Local Initiatives Support Corporation $1,750,000
- Travelers & Immigrants Aid’s Heartland Alliance for Human Needs & Human Rights $1,750,000
The awards announced above are being made as part of the regular end-of-fiscal year cycle. For more information about grants under the Community Violence Intervention and Prevention Initiative, and for information about other OJP grant awards, please visit the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Announces Actions to Resolve Lending Discrimination Claims Against Evolve Bank and TrustRead the Press Release
The Justice Department today announced it has secured an agreement to resolve allegations that Evolve Bank & Trust, which is headquartered in Memphis, engaged in lending discrimination on the basis of race, sex and national origin in the pricing of its residential mortgage loans from at least 2014 through 2019.
Evolve Bank maintains mortgage lending offices and provides mortgage lending services in 15 states throughout the country. Under the department’s settlement, which is subject to the approval of the District Court, Evolve Bank will establish a settlement fund of $1.3 million to compensate affected borrowers. Evolve Bank will also pay a $50,000 civil penalty.
“This settlement will provide deserved relief to thousands of borrowers who suffered discrimination due to Evolve Bank’s pricing policies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This case marks the Justice Department’s latest step to protect Americans from illegal lending practices, and shows that we will hold lenders accountable for the effects of their discriminatory practices.”
“This settlement provides some measure of justice to those wronged by Evolve Bank’s discriminatory acts,” said U.S. Attorney Kevin G. Ritz for the Western District of Tennessee. “I also hope it sends a strong message to banks and other lenders that the Department of Justice won’t stand for unlawful barriers in residential mortgage lending. It’s past time for these practices to stop.”
The department opened its investigation after the Board of Governors of the Federal Reserve System referred the matter. Consistent with federal law, the Board has long referred matters involving potential fair lending violations to the Department of Justice.
According to the complaint, the Justice Department alleges that Evolve Bank violated the Fair Housing Act and the Equal Credit Opportunity Act, which prohibit financial institutions from discriminating on the basis of race, sex or national origin in their mortgage lending services. Specifically, the complaint alleges that, from at least 2014 through 2019, Evolve Bank’s loan pricing practices resulted in Black, Hispanic and female borrowers paying more in the “discretionary pricing” components of home loans than white or male borrowers for reasons unrelated to their creditworthiness. “Discretionary pricing” means the parts of a loan price that are left up to Evolve’s loan officers and managers, including fees, charges or rate discounts that don’t relate to the borrowers’ credit qualifications or loan characteristics.
Since being notified of the department’s investigation of this matter, Evolve has taken steps to revise its policies and practices that resulted in Black, Hispanic and female borrowers paying more for home loans than white or male borrowers. During the four-year term of the proposed consent order, Evolve will maintain policies that reduce loan officer discretion, employ a fair lending officer who will work in close consultation with the bank’s leadership and provide fair lending training to its personnel.
The department’s Civil Rights Division has long been engaged in work that seeks to make mortgage credit and homeownership accessible to all Americans on the same terms, regardless of race, sex or national origin. In January 2021, President Biden reaffirmed the critical role of the federal government in addressing legacies of housing segregation and discrimination, declaring that it is the policy of this Administration to eliminate “racial bias and other forms of discrimination in all stages of home-buying and renting.”
The Justice Department’s enforcement of fair lending laws is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section. Additional information about the Section’s fair lending enforcement can be found at the Justice Department webpage. Individuals may report lending discrimination by calling the Justice Department’s Housing Discrimination tip line at 1-833-591-0291, or submitting a report online. View the Spanish translation of this press release here.
Guam Resident Sentenced to 70 Months in Federal Prison for Bank Robbery and Failure to Update Sex Offender RegistrationRead the Press Release
Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Vicente Guerrero Perez, age 57, from Guam was sentenced to 70 months in federal prison for Bank Robbery, in violation of 18 U.S.C. § 2113(a), and Failure to Update Sex Offender Registration, in violation of 18 U.S.C. § 2250(a). The Court also ordered five years of supervised release following imprisonment, restitution of $1,560.00, 100 hours of community service, and a mandatory $200.00 special assessment fee.
On August 13, 2021, Perez entered the Dededo branch of the First Hawaiian Bank in Guam. He waited in line and then handed the teller a plastic bag and a note. The note announced a robbery and for the teller to put money in the bag. The teller was terrified and placed approximately $1,560.00 into the plastic bag before returning it to Perez. The teller triggered a silent alarm after Perez left the bank. Perez’ actions were captured on surveillance cameras. Still images from the videos were distributed to the public. FBI agents received a tip identifying Perez. Once agents located Perez, he waived his rights, consented to an interview, and admitted robbing the First Hawaiian Bank.
Perez was also required to register as a sex offender due to a conviction in 1992 for Third Degree Criminal Sexual Conduct. This included updating his registration in person every six months. According to the Guam Sex Offender Registry, he failed to do so since April 2021. Perez previously served 21 months in prison for failing to register.
“The lengthy sentence imposed by the Court demonstrates the seriousness of these crimes,” stated United States Attorney Anderson. “Our communities deserve protection from Perez’s continuing criminal activity. I applaud our law enforcement partners, and the assistance of the public, for bringing him to justice.”
"The FBI is committed to protecting Guam from violent crimes and working with the Guam Police Department on these types of cases," said FBI Special Agent in Charge Steven Merrill. "The FBI also thanks the U.S. Attorney's Office for prosecuting this case at the federal level which has stiffer penalties and no opportunity for parole, especially for someone who is a registered sex offender."
The investigation was conducted by the Federal Bureau of Investigation and prosecuted by Benjamin K. Petersburg, Assistant United States Attorney in the District of Guam.
Guam Drug Dealer Sentenced to 136 Months in Federal Prison for Drug Trafficking, Felon in Possession of Firearm and AmmunitionRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Nathan Earl McCord Borja, age 38, from Guam, was sentenced in the United States District Court of Guam to 136 months imprisonment for Conspiracy to Distribute Fifty or More Grams of Methamphetamine Hydrochloride, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and Possession of a Firearm and Ammunition by a Convicted Felon, in violation of 18 U.S.C. §§922(g)(1). The Court also ordered five years of supervised release following imprisonment and a mandatory $200 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
In February 2021, Guam Police Department officers received information that the Nathan Earl McCord Borja was selling methamphetamine in Guam. Law enforcement surveilled and arrested Borja as he sold 29.10 grams of methamphetamine to an individual in Tumon. A search of Borja’s vehicle revealed a Rossi revolver, 16 rounds of ammunition, $7,128 in cash, 8.23 grams of methamphetamine in his pocket, and an additional 12.99 grams of methamphetamine hidden in his vehicle. A search of Borja’s phone revealed his participation in a drug distribution conspiracy since 2020. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives noted that the serial numbers on the firearm were obliterated. In addition, Borja had a prior felony conviction that prohibited him from possessing any firearm or ammunition.
“Drugs and firearms are a dangerous combination for community safety,” stated United States Attorney Anderson. “Unfortunately, we often see this in organized criminal activity. These cases are a high priority for our office. Those engaging in this type of crime should expect federal prosecution and stiff sentences.”
“By trafficking drugs and illegally possessing firearms as a convicted felon, Mr. Borja clearly did not learn from his previous actions,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “Hopefully with this sentence he will be able to reflect on the harm he has brought to the people of Guam.”
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This was a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Guam Police Department. The case was prosecuted by Rosetta L. San Nicolas, Assistant United States Attorney in the District of Guam.
El Departamento de Justicia anuncia acciones para resolver alegaciones de discriminación en el ámbito crediticio contra Evolve Bank and TrustRead the Press Release
El Departamento de Justicia anunció hoy que ha asegurado un acuerdo para resolver alegaciones de que Evolve Bank & Trust, con sede en Memphis, participó en discriminación en al ámbito crediticio sobre la base de la raza, el sexo y el origen nacional al establecer precios para sus precios de hipotecas residenciales, desde al menos el 2014 hasta el 2019.
Evolve Bank mantiene oficinas de préstamos hipotecarios y provee servicios de préstamos hipotecarios en 15 estados alrededor de todo el país. Conforme al acuerdo del Departamento, el cual queda sujeto a la aprobación del Tribunal de Distrito, Evolve Bank establecerá un fondo de conciliación de $1.3 millones para compensar a los prestatarios. Evolve Bank también pagará una multa civil de $50,000.
“Este acuerdo brindará un merecido alivio a miles de prestatarios que sufrieron discriminación debido a las prácticas de precios de Evolve Bank” dijo la Fiscal General Auxiliar Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Ese caso marca el más reciente paso del Departamento de Justicia para proteger a los estadounidenses ante prácticas crediticias ilegales, y muestra que responsabilizaremos a los prestamistas por los efectos de sus prácticas discriminatorias”.
“Este acuerdo brinda cierta medida de justicia a aquellos perjudicados por las acciones discriminatorias de Evolve Bank”, dijo el Fiscal Federal Kevin G. Ritz del Distrito Oeste de Tennessee. “También espero que envíe un mensaje firme a los bancos y a otros prestamistas de que el Departamento de Justicia no soportará las barreras ilegales a los préstamos hipotecarios residenciales. Ya es hora de que paren estas prácticas”.
El Departamento inició su investigación después de que la Junta de Gobierno del Sistema de la Reserva Federal refiriera el asunto. En conformidad con las leyes federales, la Junta desde hace tiempo ha referido al Departamento de Justicia los asuntos que implican posibles violaciones de violaciones crediticias.
Según la demanda, el Departamento de Justicia alega que Evolve Bank violó la Ley de Vivienda Justa y la Ley de Igualdad de Oportunidades de Crédito, las cuales prohíben que las instituciones financieras discriminen sobre la base de la raza, el sexo o el origen nacional en sus servicios de préstamos hipotecarios. Específicamente, la demanda alega que, desde al menos el 2014 hasta el 2019, las prácticas de establecimiento de precios de préstamos de Evolve Bank resultaron en que los prestatarios negros, hispanos y femeninos pagaran más por los componentes de “precios discrecionales” de los préstamos hipotecarios que prestatarios blancos o masculinos, por motivos no relacionados con su calificación crediticia. “Precios discrecionales” significa las partes del precio de un préstamo que dependen de los oficiales de préstamo y gerentes de Evolve, incluidos cuotas, cargos o descuentos de la tasa, que no se relacionan con las calificaciones crediticias del prestatario o las características del préstamo.
Desde haber sido notificado de la investigación de este asunto por el Departamento, Evolve ha tomado medidas para revisar sus políticas y prácticas que resultaron en que los prestatarios negros, hispanos y femeninos pagaran más por préstamos hipotecarios que los prestatarios blancos o masculinos. Durante el término de cuatro años de la orden de consentimiento propuesta, Evolve mantendrá políticas que reducirán la discreción de los oficiales de préstamos, empleará a un oficial de crédito justo que trabajará en consulta estrecha con los directivos del banco y brindará capacitación a su personal sobre prácticas de crédito justo.
Desde hace tiempo, la División de Derechos Civiles del Departamento se ha dedicado a un trabajo que busca hacer que el crédito hipotecario y la propiedad de viviendas sea accesible para todos los estadounidenses bajo los mismos términos, independientemente de la raza, el sexo o el origen nacional. En enero de 2021, el Presidente Biden reafirmó el papel crítico del gobierno federal en abordar legados de segregación y discriminación en la vivienda, declarando que la política de su administración es eliminar “los prejuicios raciales y otras formas de discriminación en todas las etapas de la compra y el alquiler de viviendas”.
La Sección de Vivienda y Cumplimiento de la Ley Civil de la División de Derechos Civiles del Departamento de Justicia hace cumplir las leyes de vivienda justa. Se puede obtener información adicional sobre el cumplimiento del crédito justo en la página web del Departamento de Justicia. Los individuos pueden reportar incidentes de discriminación en el ámbito crediticio llamando a la línea informativa del Departamento de Justicia para discriminación en la vivienda al 1-833-591-0291 o presentando un informe en línea.
Crown Point Man Sentenced to 24 Months in PrisonRead the Press Release
HAMMOND-Robert McMahon, 32, of Crown Point, Indiana was sentenced by United States District Court Judge Philip P. Simon on his plea of guilty to possession of child pornography, announced United States Attorney Clifford D. Johnson.
McMahon was sentenced to 24 months in prison followed by 3 years of supervised release.
According to documents filed in the case, between March 2019, and August 2021, McMahon possessed images of minors engaging in sexually explicit conduct including images of at least one minor under the age of 12.
This case was investigated by the Federal Bureau of Investigation with assistance from the Indiana State Police and the Winnebago County Sheriff’s office in Wisconsin. The case was prosecuted by Assistant United States Attorney Thomas M. McGrath.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov .
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Trini E. Ross for the Western District of New York Launch United Against Hate Program in Buffalo, New YorkRead the Press Release
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division joined U.S. Attorney Trini E. Ross for the Western District of New York to announce a new initiative to combat unlawful acts of hate in the Western District of New York. The United Against Hate initiative seeks to directly connect federal, state and local law enforcement with traditionally marginalized communities in order to build trust and encourage the reporting of hate crimes and hate incidents. Attorney General Merrick B. Garland recently announced the nationwide launch of the initiative and its expansion to all 94 U.S. Attorneys’ Offices over the next year.
“The Justice Department is committed to marshaling all resources at its disposal to hold people who engage in unlawful acts of hate accountable,” said Assistant Attorney General Clarke. “Through United Against Hate, we are bringing together community groups, local leaders and law enforcement at every level to build trust and strengthen coordination to combat unlawful acts of hate. Our communities, schools, workplaces, houses of worship and homes are all safer when we stand unified in the fight against hate.”
“The horrific events of May 14 took the lives of 10 members of our community because of their race, just because they were Black,” said U.S. Attorney Ross. “This type of race-based hate is unacceptable and will not be tolerated in this community or in our society. This community has shown that hate will not be accepted, through our actions in the days, weeks and months that followed, when our entire community stood together to send the message that hate will not win. The United Against Hate initiative will bring federal, state and local law enforcement together with those communities that are most vulnerable to becoming victims of hate crimes or hate incidents, while at the same time holding those who commit these acts accountable for their behavior. Together, we will continue to send the message that every person deserves to feel safe in their own community and that hate will not be tolerated.”
Community Relations Service Director Paul Monteiro, FBI Acting Special Agent in Charge Darren Cox and Buffalo Police Department Deputy Commissioner Al Wright also joined the event. After they spoke to an audience of community leaders, civil rights advocates and community members, subject matter experts from their offices engaged in a presentation and direct discussions with community leaders and advocates about taking steps to identify, report and prevent hate crimes and incidents. Through using hypothetical scenarios and video clips depicting real-life hate crime cases and stories, the presenters emphasized the importance of reporting unlawful acts of hate. They also highlighted differences between hate crimes versus hate incidents, and provided options for responding to hate incidents when situations do not constitute a federal or state crime. Presenters also distinguished unlawful conduct from protected First Amendment activity, including identifying protected speech versus speech that advocates violence or encourages people to commit hate crimes.
As part of its United Against Hate programming, the U.S. Attorney’s Office will engage with communities across the Western District of New York to deepen connections with those communities, further hate crimes prevention efforts and encourage more people to report hate crimes and hate incidents.
The nationwide launch of United Against Hate follows a successful pilot of the program last spring by three U.S. Attorneys’ Offices — New Jersey, Massachusetts and the Eastern District of Washington. Attorney General Merrick B. Garland announced the conclusion of the pilot for the United Against Hate program at a Justice Department event in May commemorating the one-year anniversary of his memorandum on improving the department’s efforts to combat unlawful acts of hate and the enactment of the COVID-19 Hate Crimes and Khalid Jabara-Heather Heyer NO HATE Acts.
Andrew P. Manibusan and James Bernard Ada Mafnas Sentenced to Federal Prison for Trafficking MethamphetamineRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendants Andrew P. Manibusan, age 38, from Antioch, California, and James Bernard Ada Mafnas, age 51, from Barrigada, Guam, were sentenced in the United States District Court of Guam to federal imprisonment for Conspiracy to Distribute Fifty or More Grams of Methamphetamine Hydrochloride, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(A)(viii). Manibusan was sentenced to 168 months, while Mafnas received 121 months. The Court also ordered each defendant to serve five years of supervised release following imprisonment and a mandatory $100 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
From April to June 2021, Manibusan agreed with co-conspirators to distribute over 50 grams of methamphetamine to Guam from Antioch, California. Manibusan received over $51,000 from co-conspirators J.A. and James Ada Mafnas before he mailed 3,617 grams of methamphetamine to Guam. The package was later intercepted by law enforcement. The Court found that Manibusan acted as an organizer or leader in the drug conspiracy and that the conspiracy involved eight pounds of methamphetamine. Law enforcement also recovered $143,000.00 from the co-conspirators’ residence.
“This case involved a substantial quantity of drugs, in addition to money,” stated United States Attorney Anderson. “Law enforcement uncovered an organization that was deeply involved in drug trafficking. This is reflected in the number of conspirators and the geographical span of their unlawful activity. Our office looks forward to future enforcement operations as we continue to combat drug crime.”
“HSI will do everything in our power to investigate and bring to justice those who distribute meth,” said John. F. Tobon, Special Agent in Charge HSI Honolulu. “These sentences hold Manibusan and Mafnas accountable for their crimes but serve as a warning that HSI and its federal partners will work to keep the scourge of meth out of our communities.”
"These sentences are another demonstration that we do not tolerate using the U.S. Mail to traffic-controlled substances or launder drug money. Postal Inspectors will continue to pursue anyone who tries to take advantage of the post office and harm our communities," said Kevin Rho, Acting Inspector in Charge, USPIS, San Francisco Division. "As always, I would like to thank Guam Customs and Quarantine Agency, Guam Police Department, members of our Guam Interagency Anti-Narcotics Task Force (GIANT), and our federal law enforcement partners for their teamwork."
This joint investigation was conducted by the Homeland Security Investigations, United States Postal Inspection Service, and assistance from the Guam Police Department and Guam Customs and Quarantine Agency. The case was prosecuted by Rosetta L. San Nicolas, Assistant United States Attorney in the District of Guam.
Westlake Financial to Pay over $225,000 to Resolve Servicemembers Civil Relief Act ClaimsRead the Press Release
The Justice Department today announced that Westlake Financial has agreed to pay over $225,000 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by failing to provide qualified servicemembers with interest rate benefits for the entire period required under the SCRA and by improperly delaying approval of interest rate benefit requests.
“The Servicemembers Civil Relief Act makes clear that those serving in our nation’s military are entitled to receive interest rate benefits as soon as they are called to service,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement sends the message that we will hold companies accountable when they deny servicemembers the important interest rate benefits they are entitled to under federal civil rights law.”
“Servicemembers make enormous sacrifices, and we have a responsibility to protect their rights and ensure they have full access to important benefits guaranteed under the law,” said U.S. Attorney Martin Estrada for the Central District of California. “The settlement with Westlake Financial reflects the Justice Department’s firm commitment to protecting the rights of servicemembers – and to defending civil rights for everyone.”
The SCRA provides that interest on any debt incurred by a servicemember before entering military service is limited to six percent per year. In order to take advantage of the interest rate cap, a servicemember must provide the creditor with written notice and a copy of their military orders or other documentation of their military service no later than 180 days after leaving service. After receiving notice, a creditor must forgive any interest in excess of 6% retroactively back to the date orders are issued calling the servicemember to active duty.
Westlake Financial is a Los Angeles-based auto finance company that specializes in subprime and near-subprime loans. In 2017, the Justice Department filed a complaint in the U.S. District Court for the Central District of California alleging that Westlake and its subsidiary, Wilshire Commercial Capital, violated the SCRA by unlawfully repossessing at least 70 vehicles owned by SCRA-protected servicemembers. In order to resolve those allegations, Westlake entered into a settlement requiring the company to pay over $700,000 to servicemembers and a $60,788 civil penalty and to be subject to monitoring by the department.
While monitoring Westlake’s compliance with the SCRA, the Justice Department discovered problems with the company’s handling of interest rate benefit requests. The department determined that Westlake was failing to apply interest rate benefits back to the date orders were issued calling the servicemember to active duty. The department also determined that Westlake had improperly delayed the approval of interest rate benefits to some servicemembers.
Under the amended settlement agreement, Westlake has agreed to pay an additional $185,460 to 250 servicemembers who did not receive interest rate benefits back to the date their orders were issued or who had to wait more than 60 days to receive their benefits. Each servicemember who did not receive interest rate benefits back to the date their orders were issued will receive a refund of any excess interest they paid, as well as an additional payment of three times the overpayment or $100, whichever is higher. Servicemembers whose interest rate approvals were delayed more than 60 days will each receive $500. Westlake will also be required to pay an additional $40,000 civil penalty to the United States. The amended agreement also requires Westlake to revise its SCRA policies and procedures and training to ensure that interest rate benefits are timely and appropriately applied to servicemember accounts.
This case was handled by the Civil Rights Division’s Housing and Civil Enforcement Section and the U.S. Attorney’s Office for the Central District of California. Since 2011, the Justice Department has obtained over $476 million in monetary relief for over 121,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil.
Justice Department Will Award $57 Million to Support Justice System Reforms and Racial EquityRead the Press Release
The Department of Justice today announced that it will award almost $57 million to support criminal justice reform and advance racial equity in the criminal justice system. The grants will advance the department’s goal to promote fairness in the nation’s courts and corrections systems and align criminal justice practices with the latest science.
“Equal justice is not a self-executing proposition — it takes work to make it real — and it will take a collective commitment from all of us at the federal, state and local levels to bring that ideal to life,” said Associate Attorney General Vanita Gupta. “These investments make good on a pledge by the Justice Department to promote public safety and realize the promise of a just society that recognizes the dignity and humanity of everyone.”
Funding will support efforts at the state, territory, local and Tribal levels to institute more effective and equitable criminal justice policies and practices. Funding will also support strategies to ensure the protection of defendants’ and incarcerated individuals’ constitutional rights and safety and efforts to address wrongful convictions. The grants are administered by the department’s Office of Justice Programs.
The Department of Justice, through OJP, is working to advance equity and effectiveness in the justice system. Below is a summary of awards that support justice system reforms and advance racial equity:
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OJP’s Bureau of Justice Assistance is awarding eight million dollars under the Field Initiated: Encouraging Innovation program, designed to support new and innovative strategies that better enable criminal justice systems to prevent and respond to emerging and chronic challenges, including strategies that will increase opportunities for diversion, reform pretrial processes, build police-community trust and promote restorative justice and racial equity.
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BJA is awarding five million dollars under the National Initiatives - Justice for All: Effective Administration of Criminal Justice Training and Technical Assistance Program, which assists state, local and Tribal jurisdictions in reducing crime and improving the functioning of the criminal justice system, specifically through support for statewide strategic planning and protection of constitutional rights under the Sixth Amendment.
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BJA is awarding $9.8 million under the Justice Counts Implementation Program, which helps states adopt a core set of criminal justice metrics so that policymakers have access to actionable data to make policy and budgetary decisions.
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BJA is awarding three million dollars under its Reimagining Justice: Testing a New Model of Community Safety initiative, which will fund the development and testing of a new or innovative approach to improving community safety and trust that is an alternative to traditional enforcement mechanisms for neighborhoods experiencing high rates of less serious and low-level criminal offenses.
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OJP’s Office for Victims of Crime is awarding nearly $300,000 under the Developing Greater Understanding of the Needs of and Resources for Victims of Criminal Justice System-Related Harm program to better understand the service needs of persons affected by a criminal justice system error or failure, develop best practices to identify these victims, determine whether services currently exist that can meet the needs of this victim population and offer recommendations for appropriate service delivery, resources, partnerships and tools.
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OVC is awarding five million dollars under the Bridging Inequities - Legal Services and Victims' Rights Enforcement for Underserved Communities program to increase access to legal assistance for victims of crime in underserved communities by building and training a cadre of 20 legal fellows to be hosted by organizations across the nation and located in underserved communities.
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OVC is awarding $4.9 million under the Enhancing Access to Victim Services program to improve and expand the availability of accessible victim-centered, trauma-informed services for crime victims who are disabled, deaf, hard-of-hearing, limited English proficient, blind and/or visually impaired; fund accessible direct services for these victims; provide dedicated training and technical assistance to assist victim-serving organizations with the development and implementation of accessibility plans; and identify innovative approaches to serving these victims for replication within the field.
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OVC is awarding two million dollars to Ujima to support the National Center on Violence Against Women in the Black Community, which will provide microgrants to victim-serving organizations run by/for the communities they serve with the overarching goal of increasing the number of victims accessing services in historically marginalized and underserved communities.
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OJP’s National Institute of Justice is awarding almost $800,000 under its Racial and Ethnic Disparities in the Justice System: A Study of Existing Evidence and Public Policy Implications program, which will support a comprehensive evidence-based analysis of existing evidence to examine how observed racial and ethnic disparities in the justice system might be reduced through public policy.
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BJA is awarding $2.9 million under the National Training and Technical Assistance: Capital Case Litigation Initiative, which helps states minimize the potential for error in the trial of capital cases, improve the quality of legal representation provided to indigent defendants in state capital cases and support state prosecutors in developing and implementing appropriate standards of practice and qualifications.
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BJA is awarding $7.6 million under its Upholding the Rule of Law and Preventing Wrongful Convictions Program, which supports efforts by wrongful conviction review entities that represent individuals with post-conviction claims of innocence to review individual cases.
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BJA is awarding $6.5 million under the Postconviction Testing of DNA Evidence program, which helps defrays costs associated with postconviction case review, evidence location and DNA testing in violent felony cases (as defined by state law) where the results of such testing might show actual innocence.
In addition to the awards described above, Atlanta’s Clark University received $1.2 million under NIJ’s Research and Evaluation on Violence Against Women portfolio to conduct a campus climate survey at three Historically Black Colleges and Universities. NIJ has also awarded $2.7 million in grants under the W.E.B. Du Bois Program of Research on Reducing Racial and Ethnic Disparities in the Justice System to perform rigorous research that will help build knowledge about the connections between race, crime, violence and the administration of justice in the United States. Those grants were announced earlier and are not included in the total for this announcement.
More information about these and other OJP awards can be found on the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
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Justice Department Secures Agreement with Lakeland Bank to Address Discriminatory RedliningRead the Press Release
The Justice Department announced today an agreement to resolve allegations that Lakeland Bank (Lakeland) engaged in a pattern or practice of lending discrimination by “redlining” in the Newark metropolitan area, including neighborhoods in Essex, Somerset and Union counties in New Jersey. This resolution is part of the Justice Department’s nationwide Combating Redlining Initiative and represents the third-largest redlining settlement in department history.
“Financial institutions that refuse to provide mortgage lending services to communities of color not only contribute to the persistent racial wealth gap that exists in this country, but also violate federal law,” said Attorney General Merrick B. Garland. “The agreement with Lakeland announced today represents the Justice Department’s continued commitment to addressing modern-day redlining, and to ensuring that all Americans have equal opportunity to obtain credit, no matter their race or national origin.”
“Ending redlining is a critical step in our work to close the widening gaps in wealth between communities of color and others,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement demonstrates our firm commitment to combating modern day redlining and holding banks and other lenders accountable when they deny people of color equal access to lending opportunities. Through this agreement, we are sending a strong message to the financial industry that we will not stand for discriminatory and unlawful barriers in residential mortgage lending.”
“Redlining creates an unequal playing field that unfairly prevents many persons of color from achieving the dream of home ownership, and this type of systemic and intentional discrimination cannot and will not be tolerated,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “It is wholly unacceptable that redlining persists into the 21st Century, and this case demonstrates our commitment to combating redlining and hold banks and others accountable when they engage in unlawful discrimination. Through this agreement, we are taking a major step forward by removing unlawful and discriminatory barriers in residential mortgage lending.”
Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in communities of color because of the race, color or national origin of the residents in those communities. The complaint filed in federal court today alleges that from at least 2015 to 2021, Lakeland failed to provide mortgage lending services to Black and Hispanic neighborhoods in the Newark, New Jersey, metropolitan area, that all its branches were located in majority-white neighborhoods and that its loan officers did not serve the credit needs of Black and Hispanic neighborhoods in and around Newark.
Under the proposed consent order, which is subject to court approval and was filed today in the U.S. District Court for the District of New Jersey along with a complaint, Lakeland has agreed to do the following:
- Invest at least $12 million in a loan subsidy fund for residents of Black and Hispanic neighborhoods in the Newark area; $750,000 for advertising, outreach and consumer education; and $400,000 for development of community partnerships to provide services that increase access to residential mortgage credit.
- Open two new branches in neighborhoods of color, including at least one in the city of Newark; ensure at least four mortgage loan officers are dedicated to serving all neighborhoods in and around Newark; and employ a full-time Community Development Officer who will oversee the continued development of lending in neighborhoods of color in the Newark area.
- Maintain an expanded Community Reinvestment Act Assessment Area that includes Essex, Somerset and Union counties.
Lakeland has agreed to settle this matter without contested litigation and worked cooperatively with the department to remedy the redlining concerns that were identified.
In October 2021, Attorney General Merrick B. Garland launched the Justice Department’s Combating Redlining Initiative, a coordinated enforcement effort to address this persistent form of discrimination against communities of color. The initiative is expanding the department’s reach by strengthening partnerships with U.S. Attorneys’ Offices around the country, regulatory partners and its partners in state Attorneys General offices. Since the initiative was launched, the department has announced four redlining cases and settlements with a combined $38 million in relief for communities that have been the victims of lending discrimination. This includes the $20 million settlement with Trident Mortgage Company — the second largest settlement in Justice Department history.
Additional information about the section’s fair lending enforcement can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291, or submitting a report online. Individuals may also report civil rights violations through https://www.justice.gov/usao-nj/civil-rights-enforcement or call the U.S. Attorney’s Civil Rights Hotline at (855) 281-3339. View the Spanish translation of this press release here.
Former Prisoner Transport Officer Convicted of Civil Rights Offense for Abusing Detainees in His CareRead the Press Release
Former prisoner transport officer Anthony Buntyn, 55, was convicted of a felony civil rights offense for abusing detainees in his care.
According to court documents and evidence presented at trial, Buntyn was a prisoner transport officer employed by Prisoner Transportation Services of America (PTS), a company hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants. Buntyn was the supervising officer on a March 2017 PTS transport that stopped in New Mexico during a cross-country trip.
“Prisoner transport officers, even those employed by private companies, must abide by our civil rights laws and protect the constitutional rights of people in their custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously enforce our nation’s laws to ensure that the officers who break the law — including those who are driving the nation’s backroads in transport vans and may therefore wrongly believe they can act with impunity — are held accountable.”
“Detainees are entitled to basic human dignity,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Those who are responsible for their detention, from transport personnel to law enforcement and corrections officers, have the same duty to protect the rights and safety of their charges. Any abuse of detainees or failure to provide basic necessities is a violation of that trust and a violation of the law, and it will be roundly prosecuted.”
Former PTS Agent Buntyn was convicted of depriving detainees on the transport of their constitutional right to be free from an officer’s deliberate indifference to serious health and safety risks to the detainees. Evidence at trial established that the defendant knowingly created, and otherwise subjected the detainees to, dangerous, painful, and unhealthy conditions on the transport van. Specifically, evidence at trial showed that the defendant would retaliate against detainees who complained, by handcuffing the detainees behind their backs and forcing them to remain for hours in a small segregation cage inside the van; by depriving detainees of meals and access to water while they remained in the cage; by cranking up the heat in the already-hot van in retaliation for detainees complaining that, as they passed through the southwestern desert, they were in danger of overheating; and by failing to provide the detainees with required restroom breaks, until the detainees were left with no choice but to urinate in empty bottles or on the floor.
Buntyn was acquitted of a use of force and an obstruction of justice charge.
A date for the sentencing hearing has not yet been announced.
Assistant Attorney General Clarke and U.S. Attorney Uballez for the District of New Mexico made the announcement.
This case was investigated by the FBI Kansas City Field Office and was prosecuted by Assistant U.S. Attorney Kimberly A. Brawley for the District of New Mexico and Trial Attorney Laura Gilson of the Justice Department’s Civil Rights Division, with assistance from Special Litigation Counsel Samantha Trepel.
Former Chicago Police Officer Charged with Federal Civil Rights ViolationRead the Press Release
A former Chicago Police Officer has been indicted on a federal civil rights charge for allegedly kidnapping and sexually abusing an individual while on duty.
James Sajdak, 64, of Chicago, was charged with one count of deprivation of rights under color of law, according to an indictment unsealed today in the U.S. District Court for the Northern District of Illinois. Sajdak is alleged to have kidnapped and sexually abused the victim in Chicago on March 5, 2019.
The charge in the indictment is punishable by a maximum sentence of life in federal prison. Sajdak pleaded not guilty today during his arraignment before U.S. Magistrate Judge Susan E. Cox. A status hearing was scheduled for Oct. 12 before U.S. District Judge John J. Tharp Jr. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney John R. Lausch Jr. for the Northern District of Illinois and Special Agent in Charge Ashley T. Johnson for the FBI Chicago Field Office made the announcement.
Assistant U.S. Attorney Alexandra Morgan for the Northern District of Illinois is prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
El Departamento de Justicia llega a un acuerdo con Lakeland Bank para resolver alegaciones de discriminación por exclusión financiera en el ámbito crediticioRead the Press Release
El Departamento de Justicia anunció el día de hoy un acuerdo para resolver alegaciones de que Lakeland Bank (Lakeland) participó en un patrón o práctica de discriminación en el ámbito crediticio al practicar “exclusión financiera” (conocido como “redlining” en inglés) en la zona metropolitana de Newark, incluyendo en vecindarios en los condados de Essex, Somerset y Union en New Jersey. Esta resolución es parte de la Iniciativa para Combatir la Exclusión Financiera a nivel nacional del Departamento de Justicia y representa el tercer acuerdo más grande contra la exclusión financiera en la historia del Departamento.
"Las instituciones financieras que se niegan a proveer servicios de préstamos hipotecarios a las comunidades de color no solo contribuyen a la persistente disparidad racial de riqueza que existe en este país, sino que violan las leyes federales", dijo el Fiscal General Merrick B. Garland. “El acuerdo con Lakeland anunciado el día de hoy representa el compromiso continuo del Departamento de Justicia para abordar la exclusión financiera moderna y garantizar que todos los estadounidenses tengan igualdad de oportunidades crediticias, independientemente de su raza u origen nacional”.
“Poner fin a la exclusión financiera es un paso crítico en nuestra labor para cerrar las disparidades de riqueza cada vez más amplias entre las comunidades de color y otras”, dijo la Fiscal General Auxiliar Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Este acuerdo demuestra nuestro firme compromiso con combatir la exclusión financiera moderna y responsabilizar a los bancos y otros prestamistas cuando les niegan a las personas de color acceso parejo a oportunidades crediticias. Por medio de este acuerdo, enviamos un mensaje firme a la industria financiera de que no soportaremos las barreras discriminatorias e ilegales a los préstamos hipotecarios residenciales”.
“La exclusión financiera crea una desigualdad de las condiciones de juego que injustamente impide que muchas personas de color logren el sueño de ser propietarios de viviendas y este tipo de discriminación sistemática e intencional no puede y no será tolerado”, dijo el Fiscal Federal Philip R. Sellinger del Distrito de New Jersey. “Es completamente inaceptable que la exclusión financiera persista en el siglo XXI y este caso demuestra nuestro compromiso con combatir la exclusión financiera y responsabilizar a los bancos y a otros cuando participen en discriminación ilícita. Por medio de este acuerdo, damos un gran paso adelante al remover las barreras ilegales y discriminatorias a los préstamos hipotecarios residenciales”.
La exclusión financiera es una práctica ilegal en la que prestamistas evitan la prestación de servicios crediticios a individuos que viven en comunidades de color por motivos de la raza, el color u origen nacional de los residentes de tales comunidades. La demanda que se presentó en el tribunal federal hoy alega que, desde al menos el 2015 hasta el 2021, Lakeland no prestó servicios de préstamos hipotecarios en vecindarios negros e hispanos en la zona metropolitana de Newark, New Jersey, que todas sus sucursales estaban ubicadas en vecindarios de mayoría blanca y que sus oficiales de crédito no atendían las necesidades de crédito de los vecindarios negros e hispanos en y alrededor de Newark.
Conforme a la orden de consentimiento propuesta, la cual queda sujeta a la aprobación del tribunal y fue presentada hoy ante el Tribunal Federal de Distrito para el Distrito de New Jersey junto con una demanda, Lakeland ha acordado hacer lo siguiente:
Invertir al menos $12 millones en un fondo de préstamos subvencionados para los residentes de vecindarios negros e hispanos en el área de Newark; $750,000 en anuncios, proyección comunitaria y educación financiera para el consumidor; y $400,000 para desarrollar asociaciones comunitarias con el fin de prestar servicios que mejoren el acceso a los préstamos hipotecarios residenciales.
Abrir dos sucursales nuevas en vecindarios de color, incluyendo al menos una en la ciudad de Newark; garantizar que al menos cuatro oficiales de crédito hipotecario estén dedicados a servir a todos los vecindarios en y alrededor de Newark; y emplear a un oficial de desarrollo comunitario que supervisará el desarrollo continuo del crédito en vecindarios de color en el área de Newark.
Mantener un área de evaluación de la Ley de Reinversión Comunitaria (Community Reinvestment Act en inglés) que incluya a los condados de Essex, Somerset y Union.
Lakeland ha acordado resolver este asunto sin litigios de disputa y trabajó de manera cooperativa con el Departamento para remediar las inquietudes de exclusión financiera que fueron identificadas.
En octubre de 2021, el Fiscal General Merrick B. Garland anunció la Iniciativa para Combatir la Exclusión Financiera del Departamento de Justicia, un esfuerzo coordinado de aplicación de la ley cuyo objetivo es abordar esta forma persistente de discriminación contra comunidades de color. La iniciativa está expandiendo el alcance del Departamento al fortalecer las asociaciones con Fiscalías Federales por todo el país, socios regulatorios y nuestros socios en las Fiscalías Generales Estatales. Desde que se emprendió la iniciativa, el Departamento ha anunciado cuatro casos de exclusión financiera y acuerdos por un total combinado de $38 millones en indemnización a las comunidades que han sido víctimas de discriminación en el ámbito crediticio. Eso incluye el acuerdo de $20 millones con Trident Mortgage Company – el segundo acuerdo más grande en la historia del Departamento de Justicia.
Se puede encontrar información adicional sobre los esfuerzos de la Sección por hacer cumplir las leyes de préstamos justos en www.justice.gov/fairhousing. Los individuos pueden denunciar incidentes de discriminación en el ámbito crediticio llamando a la línea informativa del Departamento de Justicia para discriminación en la vivienda al 1-833-591-0291 o presentando un informe en línea. Los individuos también pueden reportar violaciones de los derechos civiles en https://www.justice.gov/usao-nj/civil-rights-enforcement o llamando a la Línea Directa de Derechos Civiles del Fiscal General al (855) 281-3339.
- El Departamento de Justicia llega a un acuerdo con Lakeland Bank para resolver alegaciones de discriminación por exclusión financiera en el ámbito crediticio
El Departamento de Justicia llega a un acuerdo con Lakeland Bank para resolver alegaciones de discriminación por exclusión financiera en el ámbito crediticioRead the Press Release
El Departamento de Justicia anunció el día de hoy un acuerdo para resolver alegaciones de que Lakeland Bank (Lakeland) participó en un patrón o práctica de discriminación en el ámbito crediticio al practicar “exclusión financiera” (conocido como “redlining” en inglés) en la zona metropolitana de Newark, incluyendo en vecindarios en los condados de Essex, Somerset y Union en New Jersey. Esta resolución es parte de la Iniciativa para Combatir la Exclusión Financiera a nivel nacional del Departamento de Justicia y representa el tercer acuerdo más grande contra la exclusión financiera en la historia del Departamento.
"Las instituciones financieras que se niegan a proveer servicios de préstamos hipotecarios a las comunidades de color no solo contribuyen a la persistente disparidad racial de riqueza que existe en este país, sino que violan las leyes federales", dijo el Fiscal General Merrick B. Garland. “El acuerdo con Lakeland anunciado el día de hoy representa el compromiso continuo del Departamento de Justicia para abordar la exclusión financiera moderna y garantizar que todos los estadounidenses tengan igualdad de oportunidades crediticias, independientemente de su raza u origen nacional”.
“Poner fin a la exclusión financiera es un paso crítico en nuestra labor para cerrar las disparidades de riqueza cada vez más amplias entre las comunidades de color y otras”, dijo la Fiscal General Auxiliar Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Este acuerdo demuestra nuestro firme compromiso con combatir la exclusión financiera moderna y responsabilizar a los bancos y otros prestamistas cuando les niegan a las personas de color acceso parejo a oportunidades crediticias. Por medio de este acuerdo, enviamos un mensaje firme a la industria financiera de que no soportaremos las barreras discriminatorias e ilegales a los préstamos hipotecarios residenciales”.
“La exclusión financiera crea una desigualdad de las condiciones de juego que injustamente impide que muchas personas de color logren el sueño de ser propietarios de viviendas y este tipo de discriminación sistemática e intencional no puede y no será tolerado”, dijo el Fiscal Federal Philip R. Sellinger del Distrito de New Jersey. “Es completamente inaceptable que la exclusión financiera persista en el siglo XXI y este caso demuestra nuestro compromiso con combatir la exclusión financiera y responsabilizar a los bancos y a otros cuando participen en discriminación ilícita. Por medio de este acuerdo, damos un gran paso adelante al remover las barreras ilegales y discriminatorias a los préstamos hipotecarios residenciales”.
La exclusión financiera es una práctica ilegal en la que prestamistas evitan la prestación de servicios crediticios a individuos que viven en comunidades de color por motivos de la raza, el color u origen nacional de los residentes de tales comunidades. La demanda que se presentó en el tribunal federal hoy alega que, desde al menos el 2015 hasta el 2021, Lakeland no prestó servicios de préstamos hipotecarios en vecindarios negros e hispanos en la zona metropolitana de Newark, New Jersey, que todas sus sucursales estaban ubicadas en vecindarios de mayoría blanca y que sus oficiales de crédito no atendían las necesidades de crédito de los vecindarios negros e hispanos en y alrededor de Newark.
Conforme a la orden de consentimiento propuesta, la cual queda sujeta a la aprobación del tribunal y fue presentada hoy ante el Tribunal Federal de Distrito para el Distrito de New Jersey junto con una demanda, Lakeland ha acordado hacer lo siguiente:
Invertir al menos $12 millones en un fondo de préstamos subvencionados para los residentes de vecindarios negros e hispanos en el área de Newark; $750,000 en anuncios, proyección comunitaria y educación financiera para el consumidor; y $400,000 para desarrollar asociaciones comunitarias con el fin de prestar servicios que mejoren el acceso a los préstamos hipotecarios residenciales.
Abrir dos sucursales nuevas en vecindarios de color, incluyendo al menos una en la ciudad de Newark; garantizar que al menos cuatro oficiales de crédito hipotecario estén dedicados a servir a todos los vecindarios en y alrededor de Newark; y emplear a un oficial de desarrollo comunitario que supervisará el desarrollo continuo del crédito en vecindarios de color en el área de Newark.
Mantener un área de evaluación de la Ley de Reinversión Comunitaria (Community Reinvestment Act en inglés) que incluya a los condados de Essex, Somerset y Union.
Lakeland ha acordado resolver este asunto sin litigios de disputa y trabajó de manera cooperativa con el Departamento para remediar las inquietudes de exclusión financiera que fueron identificadas.
En octubre de 2021, el Fiscal General Merrick B. Garland anunció la Iniciativa para Combatir la Exclusión Financiera del Departamento de Justicia, un esfuerzo coordinado de aplicación de la ley cuyo objetivo es abordar esta forma persistente de discriminación contra comunidades de color. La iniciativa está expandiendo el alcance del Departamento al fortalecer las asociaciones con Fiscalías Federales por todo el país, socios regulatorios y nuestros socios en las Fiscalías Generales Estatales. Desde que se emprendió la iniciativa, el Departamento ha anunciado cuatro casos de exclusión financiera y acuerdos por un total combinado de $38 millones en indemnización a las comunidades que han sido víctimas de discriminación en el ámbito crediticio. Eso incluye el acuerdo de $20 millones con Trident Mortgage Company – el segundo acuerdo más grande en la historia del Departamento de Justicia.
Se puede encontrar información adicional sobre los esfuerzos de la Sección por hacer cumplir las leyes de préstamos justos en www.justice.gov/fairhousing. Los individuos pueden denunciar incidentes de discriminación en el ámbito crediticio llamando a la línea informativa del Departamento de Justicia para discriminación en la vivienda al 1-833-591-0291 o presentando un informe en línea. Los individuos también pueden reportar violaciones de los derechos civiles en https://www.justice.gov/usao-nj/civil-rights-enforcement o llamando a la Línea Directa de Derechos Civiles del Fiscal General al (855) 281-3339.
Containerboard Manufacturer Will Pay $2.5 Million for Violating Clean Air Act at its Louisiana MillRead the Press Release
Packaging Corporation of America (PCA), headquartered in Illinois, has agreed to pay $2.5 million in civil penalties to resolve allegations that it violated the Clean Air Act’s General Duty Clause and Risk Management Program Regulations at its containerboard production mill in DeRidder, Louisiana.
In the complaint, filed today with the proposed settlement, the United States and the Louisiana Department of Environmental Quality (LDEQ) allege nine Clean Air Act violations that stem, in part, from a fatal explosion and accidental release at the DeRidder mill on Feb. 8, 2017. The explosion – which killed three workers and injured seven others – launched a 100,000-gallon storage tank into the air and over a six-story building before it landed on mill equipment approximately 400 feet away. The blast also caused property damage and released extremely hazardous substances into the environment. The Environmental Protection Agency (EPA) inspected the DeRidder mill after the explosion, and uncovered additional Clean Air Act violations.
“PCA violated the Clean Air Act and accompanying regulations at its DeRidder mill, resulting in an explosion that caused the senseless deaths of three workers, while placing other workers and the surrounding community in danger,” said Assistant Attorney General Todd Kim of the Justice Department’s Environmental and Natural Resources Division. “The department will continue enforcing environmental mandates to save lives and protect air quality — especially against companies with a history of misconduct, like PCA.”
“The Clean Air Act was created to provide guidelines for companies such as PCA to adhere to in order to keep our communities safe from hazardous substances,” said U.S. Attorney Brandon Brown for the Western District of Louisiana. “Sadly, it took an explosion and the loss of lives to highlight PCA’s failure to adhere to some of these guidelines. The Civil Division in the Western District of Louisiana has an important job and welcomes the opportunity to continue to work alongside our federal and local partners to ensure these laws are abided by.”
“This case demonstrates the tragic impacts to human life and the environment that can result from failures to follow appropriate chemical accident prevention and preparation requirements,” said Larry Starfield, Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “This settlement both holds the Packaging Corporation of America accountable for failures that contributed to this accident and sends a clear message to corporations across the country on the importance of implementing appropriate chemical safety measures.”
“This settlement holds Packaging Corporation of America accountable for the harm it has caused to the environment and to the individuals who lost their lives on Feb. 8, 2017,” said Dr. Earthea Nance, EPA Region 6 Administrator. “Legal action will be pursued for companies who fail to safeguard their workers’ well-being. We offer our condolences for all individuals affected by this tragedy.”
“We join with our federal partners in taking action to ensure that this tragic occurrence is properly addressed,” said Dr. Chuck Carr Brown, LDEQ Secretary. “Those responsible must be held accountable.”
Section 112(r) of the Clean Air Act and its accompanying regulations are designed to prevent the accidental release of hazardous substances, like those at the DeRidder mill. Congress added section 112(r) in response to the 1984 catastrophic release of methyl isocyanate in Bhopal, India, that killed more than 3,400 people and injured more than 200,000 others. Under the Clean Air Act, facilities like PCA’s are required to identify hazards, design and maintain a safe facility, minimize the consequences of accidental releases that do occur, and comply with regulatory prevention measures. Failing to comply with these requirements increases the risk of accidents and threatens surrounding communities.
Reducing the risk to human health and the environment by decreasing the likelihood of chemical accidents at chemical facilities is a top priority for EPA’s enforcement and compliance assurance program.
The proposed stipulation of settlement is subject to a 45-day public comment period and court review and approval. A copy of the stipulation of settlement is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Two Oklahoma Men Plead Guilty to Racially-Motivated Hate CrimeRead the Press Release
The Department of Justice announced today that two men, Devan Nathanial Johnson, 28, and Brandon Wayne Killian, 31, pleaded guilty to committing a hate crime in Shawnee, Oklahoma.
On Jan. 18, 2022, a federal grand jury in the Western District of Oklahoma returned a two-count Indictment charging both defendants, who are white, with physically assaulting a Black man — as well as the Black man’s white friend — in the parking lot of the Brickhouse Saloon in Shawnee, Oklahoma. The indictment alleges that the assault occurred because of the Black man’s race and color.
According to statements made before District Judge Bernard Jones at the plea hearings in the U.S. District Court for the Western District of Oklahoma this week, both defendants admitted to assaulting the Black man in the parking lot of the bar on June 22, 2019, because the man was Black. The assault resulted in bodily injury to the victim.
“These two defendants are being held accountable for subjecting a Black man to a brutal and racially motivated assault,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Convictions like these make clear that the Department of Justice will continue to investigate and prosecute individuals who violently assault others because of their race or the color of their skin.”
“The defendants targeted a Black victim for a brutal attack simply because of the color of his skin,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “Hate-fueled criminal conduct is morally reprehensible and can never be acceptable in a civilized society. We will continue to use every tool at our disposal to combat all hate crimes.”
“Violent acts of hate and racism have no place in our community and will not be tolerated,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Division. “The FBI will continue to use all authority granted to us by federal law to investigate crimes motivated by bias, and ensure the perpetrators are brought to justice.”
At sentencing, each defendant faces a maximum penalty of 10 years in prison, three years of supervised release and a fine of up to $ 250,000 for the violation. Both defendants will also be ordered to pay restitution to the victim of their crime.
Assistant Attorney General Clarke, U.S. Attorney Troester 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 Oklahoma and Trial Attorney Avner Shapiro of the Civil Rights Division’s Criminal Section are prosecuting the case.
Sixteen Tribes Selected for Participation in Program Enhancing Tribal Access to National Crime Information DatabasesRead the Press Release
The Department of Justice has selected an additional 16 federally recognized Tribes to participate in the continued expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides Tribal governments with means to access, enter and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division.
“The Department is committed to strengthening our government-to-government partnership with Tribal nations, including providing critical access to criminal databases through the Tribal Access Program,” said Deputy Attorney General Lisa O. Monaco. “With today’s announcement, 16 additional participating Tribes will be able to register sex offenders, protect victims of domestic violence, prevent prohibited persons from obtaining firearms, and help locate missing people.”
The program provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to CJIS systems. With these additional Tribes, there are now 123 federally recognized Tribes participating in TAP.
The Department of Justice began TAP in 2015 in response to concerns raised by Tribal leaders about the need to have direct access to federal systems. Using TAP, Tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.
The following Tribes have been newly selected for participation in TAP:
- Chickaloon Native Village
- Hoh Indian Tribe
- Kickapoo Traditional Tribe of Texas
- Lower Sioux Indian Community in the State of Minnesota
- Oglala Sioux Tribe
- Otoe-Missouria Tribe of Indians, Oklahoma
- Paiute-Shoshone Tribe of the Fallon Reservation and Colony, Nevada
- Poarch Band of Creek Indians
- Prairie Island Indian Community in the State of Minnesota
- Pueblo of Santa Clara, New Mexico
- Puyallup Tribe of the Puyallup Reservation
- Quapaw Nation
- Robinson Rancheria
- Santee Sioux Nation, Nebraska
- Skokomish Indian Tribe
- Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota
TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).
For more information on TAP, visit Tribal Access Program (TAP) | TRIBAL | Department of Justice.