District Not Recorded
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Readout of the Tribal Nations Leadership Council MeetingRead the Press Release
During a two-day conference this week, the Tribal Nations Leadership Council (TNLC) met virtually with senior Justice Department officials, covering a range of issues, challenges and opportunities for American Indian and Alaska Native Tribes.
Yesterday, the TNLC met with Attorney General Merrick. B. Garland and Deputy Attorney General Lisa O. Monaco. The Office of Tribal Justice and the Executive Office for U.S. Attorneys (EOUSA) discussed with the TNLC the implementation of guidelines under Savanna’s Act and Tribal Community Response Plans developed in response to the crisis of Missing and Murdered Indigenous People. The TNLC also discussed the impact of the expansion of Tribal jurisdiction under the recently reauthorized Violence Against Women Act.
On Tuesday, May 17, the TNLC met with the Office of Justice Programs (OJP), the Office of Community Oriented Policing Services (COPS Office), and the Office on Violence Against Women (OVW), about the department’s grant opportunities to enhance public safety in Tribal communities, and with the Office for Victims of Crime and EOUSA on efforts to assist crime victims and address violence.
The TNLC is composed of Tribal leaders representing American Indian Tribes and Alaska Native villages from regions around the country. This meeting, the first in more than four years, was announced in January by the Attorney General in remarks to the National Congress of American Indians. The Council is comprised of elected Tribal officials, nominated by their peers to represent their region.
Established by charter in 2010, the TNLC is charged with providing perspective on emergent and ongoing issues across Indian country as well as providing feedback on Justice Department activities in support of Tribes in each region. In addition to establishing a mechanism for regular insight and accountability, the structure of the group honors the government-to-government relationship with Tribes.
Quintet of Attorneys General Statement of Support for the Prosecutor General of Ukraine and Investigations and Prosecutions for Russian War CrimesRead the Press Release
The Quintet of Attorneys General have issued the following statement of support for Prosecutor General Iryna Venediktova of Ukraine and investigations and prosecutions for crimes committed during the Russian invasion of Ukraine:
“The Attorneys General of the United Kingdom, the United States of America, Australia, Canada, and New Zealand join in support of Prosecutor General Iryna Venediktova, her Office, and the Ukrainian people in ensuring accountability for war crimes committed during the Russian invasion.
“We support the pursuit of justice by Ukraine and through other international investigations, including at the International Criminal Court, the United Nations, and the Organisation for Security and Cooperation in Europe, and in our own jurisdictions, in order to the ensure prompt, fair and effective investigation and prosecution of such offences under Ukrainian, domestic or international law.
“We join in condemning the Russian Government for its actions, and call upon it to cease all violations of international law, to halt its illegal invasion and to cooperate in efforts to achieve accountability.
“We look forward to working together with the Prosecutor General and her Office to ensure every perpetrator faces justice.”
U.S. Attorney General Merrick B. Garland
United Kingdom’s Attorney General Suella Braverman
Australia’s Attorney General Michaelia Cash
Canada’s Minister of Justice and Attorney General David Lametti
New Zealand’s Attorney General David Parker
Justice Department Announces Director of the Office for Access to JusticeRead the Press Release
The Justice Department today announced the appointment of a Director of the Office for Access to Justice to lead its efforts to improve the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America.
Deputy Associate Attorney General Rachel Rossi will serve as the Director of the Office for Access to Justice.
In October 2021, Attorney General Garland announced the restoration of a standalone Office for Access to Justice. Over the past six months, the Office has, among other things, led the Justice Department’s efforts to address the housing and eviction crisis; ensured equal access to justice for veterans and service members; and removed barriers to successful reentry for previously incarcerated individuals.
“There can be no equal justice without equal access to justice,” said Attorney General Merrick B. Garland. “For the past six months, our newly restored Office for Access to Justice has worked to fulfill that mission. Rachel Rossi’s leadership of that Office will further advance these efforts.”
“Disrupting the devastating connections between race, poverty and injustice is hard work that requires exactly the kind of dedication and vision we’ve seen in Ms. Rossi’s work at the department,” said Associate Attorney General Vanita Gupta. “Ms. Rossi’s leadership will help us build on the department’s work to make justice more accessible to all.”
“I am humbled by this opportunity and ready to get to work building on the foundation of my predecessors and the great progress that’s been made under Attorney General Garland’s leadership,” said Ms. Rossi. “I have seen firsthand how access to justice can make the difference in keeping families together, people in their homes and victims safe from violence. I look forward to working closely alongside dedicated public servants across the department as we examine and reimagine the tools and systems, we rely on to make justice more accessible for all.”
The Office for Access to Justice was initially launched in 2010 and thrived as a standalone component through the end of 2017.
One year ago, Attorney General Garland launched a strategic review process led by the Justice Department’s three leadership offices to examine barriers and disparities in our criminal and civil justice systems and identify ways that the Justice Department can improve the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America. The review, which engaged a wide range of stakeholders across all levels of government, revealed that longstanding justice gaps have been exposed and exacerbated by COVID-19 and identified a clear and immediate need for the restoration of a standalone Office for Access to Justice within the Justice Department dedicated to the mission of closing those gaps.
Former Massachusetts Resident Sentenced to 12 Years in Federal Prison for Sex TraffickingRead the Press Release
A former Brockton, Massachusetts, resident was sentenced today to twelve years in prison for participating in a sex trafficking conspiracy.
Matthew Engram, 35, had previously pleaded guilty to one count of conspiracy to commit sex trafficking by force, fraud and coercion; two counts of transportation of an individual for purposes of prostitution; and one count of conspiracy to commit interstate travel in aid of a racketeering enterprise. According to court documents, from January 2009 until August 2015, Engram and a co-conspirator recruited and trafficked three victims from a residence in Brockton and elsewhere, and Engram took all or part of the proceeds. Engram advertised the victims on websites, exchanged text messages with his co-conspirator to share advertisements, organized prostitution dates, and reserved hotel rooms. When the victims did not comply with Engram’s demands to prostitute for his profit, he physically assaulted them or directed his co-conspirator to physically assault them. Engram also transported or caused the transport of the victims to other states, including Connecticut, Pennsylvania, New York, Virginia, Florida and Maine, to perform commercial sex acts.
“Sex trafficking is an atrocious crime that dehumanizes victims by depriving them of their freedom and dignity,” said Assistant Attorney General Kristen Clarke. “This sentence demonstrates that there are severe consequences for those who seek to exploit vulnerable young women for financial profit. The Justice Department will continue to vigorously prosecute human traffickers and secure justice for survivors of trafficking.”
“Mr. Engram took advantage of numerous young women through psychological manipulation, violence and fear,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “For over six years, he profited off of their pain and exploitation. Although we can never take away the trauma and violence endured by these survivors, today’s sentencing makes clear that the federal government is committed to eliminating human trafficking and holding traffickers accountable. My office and our law enforcement partners remain relentless in this pursuit.”
“Engram used violence and threats to control his victims, seeing them not as individuals, but as means for profit,” said Special Agent in Charge Matthew Millhollin for the Homeland Security Investigations’ New England Field Office. “His callous exploitation violated their basic human dignity as he trafficked them around the country to engage in commercial sex. We hope that today’s sentence offers a modicum of justice to those victimized by him who continue to live with the impacts of his actions.”
“Victims of human trafficking suffer physical abuse and immeasurable emotional abuse from their captors,” said Brockton Police Chief Brenda Perez. “We are pleased to see justice served today and proud of the hard work and collaboration that led to today's sentencing.”
Homeland Security Investigations conducted the investigation with the assistance of the Boston Police Department. Assistant U.S. Attorney Suzanne Sullivan Jacobus of U.S. Attorney Rollins’s Major Crimes Unit and Trial Attorneys Shan Patel and Vasantha Rao of the Civil Rights Division 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.
Former Employee of the Department of Energy’s Strategic Petroleum Reserve Convicted for Role in Scheme to Defraud the United StatesRead the Press Release
A federal jury convicted a Louisiana man today for his role in a scheme to defraud the United States.
According to documents and evidence presented at trial, Johnny C. Guillory Sr., 72, of Opelousas, Louisiana, conspired with Cajan Welding & Rentals, Ltd. to defraud the United States by corrupting and impairing the government procurement process, and by obtaining non-public pricing and cost information in order to obtain subcontract awards and payments from the Department of Energy in connection with its operation of the nation’s Strategic Petroleum Reserve. From 2002 until 2016, Cajan was awarded over 50 subcontracts and received payments in excess of $15 million from the Department of Energy, during which time Guillory received financial benefits from Cajan.
“The Strategic Petroleum Reserve is one of our nation’s vital programs, and collusion that destroys the integrity of the procurement process for government contracts will not be tolerated,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Today’s guilty verdict demonstrates that people who corrupt that process, defraud the United States, and lie about it will be held accountable. The Antitrust Division will continue to vigorously prosecute offenses that undermine competition and work with our law enforcement partners to protect taxpayer dollars.”
“This guilty verdict sends a clear message that our office, along with our federal partners will vigorously investigate and prosecute all violations of our nation’s laws,” said U.S. Attorney Duane A. Evans of the Eastern District of Louisiana.
Guillory was convicted of conspiracy to defraud the United States and to violate the Procurement Integrity Act as well as making false statements to federal agents. Guillory is scheduled to be sentenced on Sept. 8, and faces a maximum term of five years imprisonment, a fine of up to $250,000, up to a three-year term of supervised release, and a mandatory special assessment of $200.00, as to each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Department of Energy’s Office of the Inspector General investigated the case.
Trial Attorneys Megan S. Lewis and Julia Maloney of the Antitrust Division’s Washington Criminal II Section and Assistant U.S. Attorney Tracey N. Knight of the U.S. Attorney’s Office in the Eastern District of Louisiana are prosecuting the case.
Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal II Section at (202) 598-4000, or visit https://www.justice.gov/atr/contact/newcase.html.
Florida Power Company Pleads Guilty in Worker Death Case, Incident Resulted in the Deaths of Five WorkersRead the Press Release
A Florida corporation pleaded guilty in federal court in the Middle District of Florida to a charge of willfully violating an Occupational Safety and Health Administration (OSHA) rule. The criminal charge related to an explosion at a coal-fired power plant in 2017 that caused the deaths of five workers.
Tampa Electric Company (TECO) operates several facilities in Florida, including Big Bend, a coal-fired power plant outside of Tampa. At the time, the facility consisted of four large coal-fired furnaces. Underneath the furnaces were water-filled tanks designed to catch and cool the molten “slag” by-product that drips down from the furnace. On June 29, 2017, hardened slag had accumulated at the top and the bottom of the slag tank and could not be removed. Rather than shutting down the furnace, TECO called in a contractor to perform high-pressure water blasting to try and clear the slag with the unit on-line. The work proceeded without observance of several safety-related procedures required by law. Five people were killed when one of the slag accumulations came loose, spraying the area with molten slag.
Federal law makes it a class B misdemeanor to willfully fail to follow an OSHA safety standard, where the failure causes the death of an employee. The class B misdemeanor is the only federal criminal charge covering such workplace safety violations.
“This incident demonstrates the importance of OSHA’s safety standards, and the harms that they are designed to prevent,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The deaths caused by the defendant’s conduct were tragic and they were preventable. The Justice Department will vigorously prosecute those who fail to follow these critical safety rules.”
“Had TECO complied with OSHA’s workplace safety standards, conducted a pre-job briefing and followed its own procedure, these senseless deaths could have been prevented,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “Our hearts go out to the victims’ families as well as other TECO employees and contractors impacted by this catastrophic event “Our office is proud to have partnered with DOJ’s Environmental Crimes Section to shine a light on this willful violation of OSHA safety standards in order to deter such conduct and ensure that workers are protected in the future.”
“This investigation demonstrates the FBI’s unyielding commitment to the mission of protecting the American people and upholding the U.S. Constitution,” said Special Agent in Charge David Walker of the FBI Tampa Field Office.“Our heartfelt sympathies go out to the victims’ families along with our promise to work with our federal partners in ensuring the safety of America’s workplaces.”
In a plea agreement with the government, TECO admitted to willfully failing to hold a pre-job briefing with the workers performing the work. Such briefing should have included the procedures for the water blasting work. Instead, the work proceeded even though the procedures could not be found. As a result, certain critical safety-related steps were not taken, including lowering the amount of coal entering the furnace, and shutting the unit down after a specified interval had lapsed.
The FBI and the Department of Labor, Office of Inspector General investigated the case.
Trial Attorney Adam Cullman of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Rachelle DesVaux Bedke for the Middle District of Florida prosecuted the case.
Department of Justice Announces New Policy for Charging Cases under the Computer Fraud and Abuse ActRead the Press Release
The Department of Justice today announced the
revision of its policy regarding charging violations of the Computer Fraud and Abuse Act (CFAA).The policy for the first time directs that good-faith security research should not be charged. Good faith security research means accessing a computer solely for purposes of good-faith testing, investigation, and/or correction of a security flaw or vulnerability, where such activity is carried out in a manner designed to avoid any harm to individuals or the public, and where the information derived from the activity is used primarily to promote the security or safety of the class of devices, machines, or online services to which the accessed computer belongs, or those who use such devices, machines, or online services.
“Computer security research is a key driver of improved cybersecurity,” said Deputy Attorney General Lisa O. Monaco. “The department has never been interested in prosecuting good-faith computer security research as a crime, and today’s announcement promotes cybersecurity by providing clarity for good-faith security researchers who root out vulnerabilities for the common good.”
The new policy states explicitly the longstanding practice that “the department’s goals for CFAA enforcement are to promote privacy and cybersecurity by upholding the legal right of individuals, network owners, operators, and other persons to ensure the confidentiality, integrity, and availability of information stored in their information systems.” Accordingly, the policy clarifies that hypothetical CFAA violations that have concerned some courts and commentators are not to be charged. Embellishing an online dating profile contrary to the terms of service of the dating website; creating fictional accounts on hiring, housing, or rental websites; using a pseudonym on a social networking site that prohibits them; checking sports scores at work; paying bills at work; or violating an access restriction contained in a term of service are not themselves sufficient to warrant federal criminal charges. The policy focuses the department’s resources on cases where a defendant is either not authorized at all to access a computer or was authorized to access one part of a computer — such as one email account — and, despite knowing about that restriction, accessed a part of the computer to which his authorized access did not extend, such as other users’ emails.
However, the new policy acknowledges that claiming to be conducting security research is not a free pass for those acting in bad faith. For example, discovering vulnerabilities in devices in order to extort their owners, even if claimed as “research,” is not in good faith. The policy advises prosecutors to consult with the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) about specific applications of this factor.
All federal prosecutors who wish to charge cases under the Computer Fraud and Abuse Act are required to follow the new policy, and to consult with CCIPS before bringing any charges. Prosecutors must inform the Deputy Attorney General (DAG), and in some cases receive approval from the DAG, before charging a CFAA case if CCIPS recommends against it.
The new policy replaces an earlier policy that was issued in 2014, and takes effect immediately.
आप्रवासन-संबंधी भेदभाव के दावों का समाधान करने के लिए IT रिक्रूटर के साथ न्याय विभाग का समझौताRead the Press Release
Download Hindi Release Translation.pdf
न्याय विभाग ने आज यह घोषणा की कि उन्होंने Amtex Systems Inc., न्यूयॉर्क में स्थित एक IT स्टाफिंग और रिक्रूटिंग कंपनी, के साथ समाधान समझौता किया है। यह समझौता इन दावों का समाधान करता है कि Amtex ने भर्ती प्रक्रिया के कई चरणों के दौरान अमेरिकी कर्मचारियों की नागरिकता या आप्रवासन स्थिति के आधार पर उनके साथ भेदभाव किया था क्योंकि उनके क्लाइंट्स अस्थायी रोज़गार वीज़ा वाले कर्मचारियों को प्राथमिकता देते हैं।
“IT स्टाफिंग एजेंसियाँ अवैध रूप से आवेदकों को बाहर नहीं कर सकतीं या किसी की नागरिकता या आप्रवासन स्थिति के कारण उस पर अतिरिक्त बोझ नहीं डाल सकतीं,” न्याय विभाग के नागरिक अधिकार प्रभाग के सहायक अटॉर्नी जनरल क्रिस्टन क्लार्क ने कहा। “नागरिक अधिकार प्रभाग यह सुनिश्चित करने के लिए कानून लागू करने के लिए प्रतिबद्ध है कि, अमेरिकी कर्मचारियों सहित, नौकरी के आवेदक गैर-कानूनी भेदभाव से सुरक्षित हैं।”
एक अमेरिकी नागरिक द्वारा नागरिक अधिकार प्रभाग के अप्रवासी और कर्मचारी अधिकार अनुभाग (Civil Rights Division’s Immigrant and Employee Rights Section, IER) में Amtex के विरुद्ध भेदभाव की शिकायत दर्ज कराने के बाद विभाग की जाँच शुरू हुई थी। अपनी जाँच के आधार पर, विभाग इस निष्कर्ष पर पहुँचा कि Amtex ने विशेष नागरिकता या आप्रवासन स्थितियों वाले कर्मचारियों के लिए क्लाइंट्स की प्राथमिकता के आधार पर नौकरी के आवेदकों की पहचान करके उनकी जाँच करने के लिए भारत में काम करने वाली कंपनी की सेवाएं ली थीं। जाँच ने निर्धारित किया कि भर्ती करने वालों ने अपने क्लाइंट्स की नागरिकता या आप्रवासन स्थितियों की अवैध प्राथमिकता के साथ नौकरी के विज्ञापन भेजे, और आवेदकों पर विचार करते समय उन प्राथमिकताओं को लागू भी किया। भर्ती करने वालों की कार्य प्रणालियों ने अमेरिकी कर्मचारियों को आवेदन करने से रोककर, और आवेदन करने वालों पर विचार न करके उन्हें नुकसान पहुँचाया। उदाहरण के लिए, जाँच से पता चला कि कम से कम तीन अमेरिकी कर्मचारियों द्वारा एक जॉब पोस्टिंग के लिए आवेदन करने पर Amtex ने उनपर विचार नहीं किया जिसमें कहा गया था कि जिसमें अस्थायी रोज़गार वीज़ा वाले कर्मचारियों को प्राथमिकता देने की बात कही गई थी। विभाग आगे इस निष्कर्ष पर पहुँचा कि Amtex के लिए भर्ती करने वालों ने गैर-अमेरिकी नागरिक आवेदकों के लिए भर्ती प्रक्रिया में आगे बढ़ने के लिए नियमित रूप से एक आप्रवास दस्तावेज़ प्रदान करना ज़रूरी करके उनके साथ भेदभाव किया।
आप्रवासन और राष्ट्रीयता अधिनियम (The Immigration and Nationality Act, INA) अमेरिकी नागरिकों, गैर-अमेरिकी नागरिकों, रेफ्युजियों, शरणार्थियों, और हाल के वैध स्थायी निवासियों को नागरिकता या आप्रवासन स्थिति के आधार पर कार्यस्थल पर भेदभाव से बचाता है। यदि भर्ती करने वाले क्लाइंट की गैर-कानूनी भेदभावपूर्ण प्राथमिकताओं को लागू करते हैं तो वे INA के उल्लंघन के लिए ज़िम्मेदार हैं। INA के तहत, कर्मचारी या भर्ती करने वाले केवल कानून, विनियम, कार्यकारी आदेश या सरकारी अनुबंध द्वारा आवश्यक होने पर ही नागरिकता या आप्रवासन स्थिति के आधार पर नौकरियों को सीमित कर सकते हैं। इसके अलावा, क्योंकि संघीय कानून केवल नियोक्ताओं को किसी व्यक्ति को नियुक्त करने के बाद उसकी काम करने की अनुमति की जाँच करने की इजाज़त देता है, इसलिए नियोक्ताओं और भर्ती करने वालों को नौकरी के आवेदकों की काम करने की अनुमति को सत्यापित नहीं करना चाहिए।
समाधान समझौते की शर्तों के तहत, Amtex यूनाइटेड स्टेट्स को नागरिक दंड में $15,000 से अधिक का भुगतान करेगी, अपनी नीतियों और प्रक्रियाओं को संशोधित करेगी, संबंधित कर्मचारियों और एजेंटों को INA के भेदभाव-विरोधी प्रावधान पर प्रशिक्षित करेगी, और अनुपालन सुनिश्चित करने के लिए तीन साल की अवधि के लिए निगरानी के अधीन रहेगी।
INA के भेदभाव-विरोधी प्रावधान को लागू करने के लिए IER ज़िम्मेदार है। अन्य चीज़ों के अलावा, यह कानून नौकरी देने, नौकरी से निकालने, या शुल्क लेकर भर्ती करने या रेफरल में नागरिकता या आप्रवासन स्थिति, और राष्ट्रीय मूल; अनुचित दस्तावेज़ी कार्यप्रणालियों; प्रतिशोध; और डराने-धमकाने के आधार पर भेदभाव को प्रतिबंधित करता है। INA के तहत नागरिकता स्थिति संबंधी भेदभाव के बारे में अधिक जानकारी इस फ्लायर में उपलब्ध है।
इस संक्षिप्त वीडियो के माध्यम से IER के कार्य और सहायता प्राप्त करने के तरीके के बारे में और जानें। वे आवेदक या कर्मचारी जो यह मानते हैं कि नौकरी देने, नौकरी से निकालने, भर्ती करने, या रोज़गार योग्यता सत्यापन प्रक्रिया (फ़ॉर्म I-9 और ई-वेरिफ़ाई) के दौरान उनकी नागरिकता, आप्रवासन स्थिति, या राष्ट्रीय मूल के आधार पर भेदभाव किया गया था; या बदला लिया गया था, वे आरोप दायर कर सकते हैं। आम लोग भी 1-800-255-7688 पर IER की कर्मचारी हॉटलाइन से संपर्क कर सकते हैं; 1-800-255-8155 (1-800-237-2515, सुनने में परेशानी वालों के लिए TTY) पर IER की नियोक्ता हॉटलाइन पर फ़ोन कर सकते हैं; [email protected] पर ईमेल कर सकते हैं; एक मुफ़्त वेबिनार के लिए साइन-अप कर सकते हैं; या IER की अंग्रेज़ी और स्पेनिश वेबसाइट्स देख सकते हैं। IER से अपडेट प्राप्त करने के लिए GovDelivery को सब्सक्राइब कर सकते हैं।
Ship Chief Engineer Pleads Guilty to Intentional Discharge of Oily Waste and Obstruction of Justice Charges in New OrleansRead the Press Release
The Chief Engineer of a foreign flagged vessel pleaded guilty today to two felony counts for deliberately discharging approximately 10,000 gallons of oil-contaminated bilge water overboard in U.S. waters off the coast of New Orleans last year and then trying to obstruct the Coast Guard’s investigation of the spill. The illegal conduct was first reported to the Coast Guard by a crew member via social media.
Kirill Kompaniets, a Russian national and the Chief Engineer of the ship, a commercial bulk carrier registered in the Marshall Islands, was charged with the illegal discharge in violation of the Act to Prevent Pollution from Ships. According to papers filed in court, repair operations were underway to correct a problem with the discharge of clean ballast water when a valve burst and the engine room flooded. Late on the night of March 13-14, 2021 after the leak had been controlled, Kompaniets and a subordinate engineer deliberately dumped the oil contaminated water in the bilges overboard. The discharge into U.S. waters occurred while the ship was at an anchorage near the South West Passage off the Louisiana coast. The ship’s required pollution prevention equipment – an oily-water separator and oil content monitor – were not used, and the discharge was not recorded in the Oil Record Book, a required ship log.
Kompaniets was also charged with obstruction of justice based on various efforts to conceal the illegal discharge. In a joint factual statement filed in court with his guilty plea, Kompaniets admitted to the following acts of obstruction of justice: (1) making false statements to the Coast Guard that concealed the cause and nature of a hazardous condition, and concealing that the engine room of the vessel had flooded and that oil-contaminated bilge water had been discharged overboard; (2) destroying the computer alarm printouts for the period of the illegal discharge that were sought by the Coast Guard; (3) holding meetings with subordinate crew members and directing them to make false statements to the Coast Guard; (4) making a false Oil Record Book that failed to disclose the illegal discharge; (5) directing subordinate engine room employees to delete all evidence from their cell phones in anticipation of the Coast Guard inspection; and (6) preparing a retaliatory document accusing the whistleblower of poor performance as part of an effort to discredit him.
“The intentional pollution of U.S. waters and the deliberate effort to cover up the crime are extremely serious criminal offenses that will not be tolerated,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Prosecutions such as this one should send a clear message to those that would violate the law and endanger our precious natural resources.”
“The defendant in this case deliberately disregarded procedures designed to protect the environment from contaminants and then attempted to hide his actions,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Today’s announcement emphasizes that our office along with our federal partners are committed to holding accountable all parties whose criminality jeopardizes our environment and places the public and the ecosystem at risk.”
The criminal prosecution is being handled by Assistant U.S. Attorney G. Dall Kammer for the Eastern District of Louisiana and Senior Litigation Counsel Richard A. Udell of the Environment and Natural Resources Division's Environmental Crimes Section, with assistance provided by District 8 of the U.S. Coast Guard and the Coast Guard Criminal Investigations Division.
The investigation is continuing.
The case was assigned to U.S. District Court Chief Judge Nannette Jolivette Brown. Sentencing has been scheduled for September 1.
Seven South Korean Companies Agree to Pay Approximately $3.1 Million to Settle Civil False Claims Act Allegations for Bid Rigging on U.S. Department of Defense ContractsRead the Press Release
Seven South Korea-based companies have agreed to pay $3.1 million to resolve allegations they violated the False Claims Act by engaging in a bid-rigging conspiracy that targeted U.S. Army Corps of Engineers (USACE) contracts for construction and engineering work on U.S. military bases in South Korea. The seven companies are Korea Engineering Consultants Corporation; Yul Lim Construction Co. Ltd.; Shin Woo Construction & Industrial Co. Ltd.; Seongbo Const. Ind. Co. Ltd.; Wooseok Construction Co. Ltd.; Yuil Engineering and Construction Co.; and Seokwang Development Co. Ltd. The companies have agreed to each pay an equal share of the settlement amount.
The United States alleged the seven companies conspired to suppress and eliminate competition during the bidding process on 15 USACE contracts awarded between 2016 and 2019. The United States further alleged that as a result of this anticompetitive conduct, the USACE paid substantially more for services performed under the contracts than it would have had there been competition among the bidders.
“Contractors, both foreign and domestic, provide valuable services to our armed forces around the globe,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will ensure that such entities face appropriate consequences, however, if they fail to comply with the law and instead engage in corrupt practices at the expense of our nation’s military and the American taxpayers.”
“The U.S. Army Criminal Investigation Division (Army CID) will hold accountable those who defraud the U.S. government, no matter where they are,” said Special Agent in Charge Scott Moreland of the Army CID’s Major Procurement Fraud Field Office. “We appreciate the steadfast partnership shown by our fellow federal agencies to bring this scheme to a halt.”
“The agreement announced today is another example of the FBI’s ongoing work to eliminate bid-rigging and price fixing and ensure those engaged in such behavior are brought to justice,” said Assistant Director in Charge Kristi Johnson of the FBI's Los Angeles Division. “Such activity cheats American taxpayers while harming competitive markets. Simply put, collusion on contracts will not be tolerated; and this case sends a clear message that the FBI and its partners will hold individuals and corporations accountable when they violate federal statutes.”
“The integrity of the Department of Defense’s procurement system is critical to our nation’s military readiness,” said Special Agent in Charge Stanley A. Newell of the Defense Criminal Investigative Service (DCIS) Transnational Operations Field Office. “The special agents of the Department of Defense Office of Inspector General Defense Criminal Investigative Service are steadfast in our mission to root out fraud and corruption that threatens the programs and components of the DoD. This outcome should resonate as a strong warning to those who seek enrichment at the expense of America’s national defense. DCIS and our partner agencies will use all tools at our disposal to bring these unscrupulous actors to justice.”
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section; the Army CID Major Procurement Fraud Unit; the FBI’s International Contract Corruption Task Force; and DCIS.
The matter was handled by Senior Trial Counsel Andrew A. Steinberg of the Civil Division's Fraud Section.
The claims resolved by the settlements are allegations only and there has been no determination of liability.
Justice Department Settles with IT Recruiter to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Department of Justice announced that it has reached a settlement agreement with Amtex Systems Inc., an IT staffing and recruiting company based in New York. The settlement resolves claims that Amtex discriminated against U.S. workers based on their citizenship or immigration status during several stages of the recruitment process because their clients preferred workers with temporary employment visas.
“IT staffing agencies cannot unlawfully exclude applicants or impose additional burdens because of someone’s citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to enforcing the law to ensure that job applicants, including U.S. workers, are protected from unlawful discrimination.”
The department’s investigation began after a U.S. citizen filed a discrimination complaint with the Civil Rights Division’s Immigrant and Employee Rights Section (IER) against Amtex. Based on its investigation, the department concluded that Amtex used a company operating in India to identify and screen job applicants based on clients’ preferences for workers with particular citizenship or immigration statuses. The investigation determined that the recruiters sent job advertisements with their clients’ unlawful citizenship or immigration status preferences, and also implemented those preferences when considering applicants. The recruiters’ practices harmed U.S. workers by deterring them from applying, and not considering those who did apply. For example, the investigation revealed that Amtex did not consider at least three U.S. workers when they applied to a job posting that stated a preference for workers with temporary employment visas. The department further concluded that recruiters for Amtex discriminated against non-U.S. citizen applicants by routinely requiring them to provide an immigration document to move forward in the recruitment process.
The Immigration and Nationality Act (INA) protects U.S. citizens, non-U.S. citizen nationals, refugees, asylees, and recent lawful permanent residents from workplace discrimination based on citizenship or immigration status. Recruiters are liable for violations of the INA if they implement a client’s unlawful discriminatory preferences. Under the INA, employers or recruiters can only limit jobs based on citizenship or immigration status if required by a law, regulation, executive order or government contract. Further, because federal law only allows employers to check a person’s permission to work after they are hired, employers and recruiters must not verify the permission to work of job applicants.
Under the terms of the settlement agreement, Amtex will pay over $15,000 in civil penalties to the United States, revise its policies and procedures, train relevant employees and agents on the INA’s anti-discrimination provision, and be subject to monitoring for a three-year period to ensure compliance.
IER is responsible for enforcing the anti-discrimination provision of the INA. Among other things, this law prohibits discrimination based on citizenship or immigration status, and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation. More information about citizenship status discrimination under the INA is available in this flyer.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
View the Spanish translation of this press release here. View the Hindi translation of this press release below.
Justice Department Settles Immigration-Related Discrimination Claim Against Indiana Staffing CompanyRead the Press Release
The Department of Justice announced that it has reached a settlement agreement with JMJ Talent Solutions Inc. (JMJ Talent Solutions), a staffing company with four locations throughout Indiana. The settlement resolves a claim that JMJ Talent Solutions discriminated against three non-U.S. citizens because of their citizenship status when it asked them to present specific documentation to prove they had permission to work in the United States instead of letting them choose which valid documents to show.
“Employers may not discriminate against workers when verifying their permission to work in the United States – such as by rejecting their valid documentation, requesting specific documentation, or requesting more documents than necessary — based on the workers’ citizenship status or national origin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All workers have the right to choose the valid documents they want to present for that process. The Justice Department will continue to fight to remove unlawful barriers in the workplace.”
Based on its investigation, the department determined that, after rejecting valid documentation that a non-U.S. citizen presented to prove she was allowed to work in the United States, JMJ Talent Solutions requested that she present specific immigration documents, including a Permanent Resident Card with an unexpired date. The department also determined that the staffing company asked at least two other lawful permanent residents to present their Permanent Resident Cards to prove their permission to work.
The Immigration and Nationality Act (INA) prohibits employers from rejecting documentation that reasonably appears to be valid and to relate to the person who presents it, from asking workers to show specific documentation, and from asking for more documentation than the law requires to prove their permission to work. Employers that do so may violate the INA’s anti-discrimination provision.
Under the terms of the settlement agreement, JMJ Talent Solutions will pay a civil penalty, post notices informing workers of their rights under the INA’s anti-discrimination provision, train its staff and be subject to departmental monitoring for three years.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discriminating when verifying an employee’s permission to work on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.
Justice Department Secures Agreement to Provide Community-Based Services to Children with Disabilities in Rhode IslandRead the Press Release
The Department of Justice today entered into a settlement agreement with the Rhode Island Executive Office of Health and Human Services (EOHHS) to resolve alleged violations of the Americans with Disabilities Act (ADA).
The parents of a child with autism filed a complaint with the Justice Department, alleging that Rhode Island failed to provide their minor son with community-based Medicaid services that the state had authorized. These services allow children with disabilities to remain in their homes and communities rather than enter residential treatment facilities. The parents alleged that while the state authorized their son to receive 25 to 34 hours per week of community-based services, their son only received, on average, half of the weekly authorized hours. As a result, the parents feared that their son would be forced to leave their home and move to an institution. After the United States opened an investigation of this complaint, the child entered an out-of-state residential treatment facility for several months.
“The ADA requires states to provide disability services in the most integrated setting appropriate so that children with disabilities can remain at home with their families,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Providing community-based services allows children with disabilities to live at home and avoid needless placement in residential facilities. The Civil Rights Division will vigorously enforce the ADA so that people with disabilities can get services at home instead of in facilities.”
“Integrated, community-based services for children with intellectual and developmental disabilities are critical to keeping families together and ensuring that children receive care in a supporting and loving environment; no family should be forced to make a choice between care and separation from their children when adequate support is possible in a community setting,” said U.S. Attorney Zachary A. Cunha of the District of Rhode Island. “That is what the ADA requires, what today’s agreement is designed to ensure, and what this office will continue to demand as we go forward.”
Under the agreement reached today, Rhode Island will modify its policies so that children with intellectual and developmental disabilities such as autism will receive the community-based services to which they are authorized. The state will require that families of such children receive a family care plan, allow families to receive services from different provider agencies, and provide oversight to make sure children with disabilities receive authorized community-based services. The state will also create an ombudsman program to allow individuals and their family members to express concerns. For the complainants’ son, EOHHS will develop an individualized service plan to identify the community-based services necessary for him to live at home, and pay $75,000 in damages.
This matter was handled jointly by Assistant U.S. Attorney Amy Romero for the District of Rhode Island and the Civil Rights Division’s Disability Rights Section.
The Justice Department plays a central role in advancing the ADA’s goals of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.
Anyone in the District of Rhode Island may also report civil rights violations directly to the U.S. Attorney’s Office for the District of Rhode Island at Civil Rights Enforcement (justice.gov) or 401-709-5000.
Georgia Man Charged with Federal Hate Crimes and Firearms OffensesRead the Press Release
Larry Edward Foxworth, 48, was indicted yesterday by a federal grand jury in Atlanta, Georgia, for hate crime and federal firearms violations.
This indictment charges Foxworth with two counts of willfully attempting, through the use of a firearm, to cause bodily injury to customers, employees and other people present at convenience stores in Jonesboro, Georgia, because of their actual and perceived race, color and national origin. Foxworth is also charged with two counts of using a firearm in furtherance of a crime of violence. If convicted, Foxworth faces up to life in prison for each hate crime count and a mandatory minimum of 10 years in prison, consecutive to any other sentence, for each firearm count.
“Hate-fueled violence has no place in a civilized society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Thankfully no one was injured by the conduct alleged in this case, but the Justice Department is committed to using all the tools in our law enforcement arsenal to prosecute allegations of hate crimes.”
“No person should be afraid to shop or go to work in our community. Nor should people have to worry that they may be violently attacked because of the color of their skin,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “Combating hate crimes continues to be among the Department of Justice’s top priorities. In this District, allegations of criminal activity fueled by hate and racism will always merit our full attention.”
“Hate crimes are the top priority of the FBI’s Civil Rights Program, due to the damaging impact they have on victims and entire communities,” said Special Agent in Charge Keri Farley of the FBI Atlanta Field Office. “This office will use every resource available to ensure that criminals committing bias-motivated violent crimes are held accountable.”
The case was investigated by the FBI’s Atlanta Field Office, and is being prosecuted by Assistant U.S. Attorney Brent Gray for the Northern District of Georgia and Trial Attorney Alec Ward of the Justice Department’s Civil Rights Division.
For more information and resources on the department’s efforts to combat hate crimes, visit justice.gov/hatecrimes.
An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Federal Jury Convicts Two New York Men for Operating Mass Mailing Fraud Scheme Targeting Elderly and Vulnerable VictimsRead the Press Release
A federal jury in Central Islip, New York, convicted Long Island residents Sean Novis, 51, and Gary Denkberg, 58, of conspiracy to commit mail fraud, mail fraud, wire fraud, fraudulent use of fictitious names and aiding and abetting other mail fraud schemes.
In August 2020, Novis and Denkberg were charged with operating mass mailing fraud schemes that tricked thousands of victims, many of whom were elderly, into providing the defendants with money by falsely promising prizes. Evidence presented at trial showed that, from January 2003 to September 2016, Novis and Denkberg mailed millions of prize notices that falsely represented that the victims had been specifically chosen to receive a large cash prize and would receive the prize if they paid a fee. Victims who paid the requested fee, however, did not receive the promised cash prize. Although the notices appeared to be personalized correspondence, they were merely mass-produced, boilerplate documents that were bulk mailed to recipients whose names and addresses were on mailing lists.
“The Department of Justice’s Consumer Protection Branch is committed to pursuing criminals who defraud the elderly,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “I thank the Postal Inspection Service for conducting a thorough and successful investigation.”
“The two defendants targeted and defrauded elderly Americans, the most vulnerable of populations, through a mass-mailing scheme,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service’s Criminal Investigations Group. “The U.S. Postal Inspection Service is deeply committed to protecting the elderly from fraudulent schemes. These convictions underscore the Postal Inspection Service’s and the Department of Justice’s dedication and determination to keep susceptible communities safe from financial exploitation and bring criminals to justice.”
According to trial evidence, Novis and Denkberg continued to operate their fraudulent mass-mailing scheme in violation of U.S. Postal Service cease-and-desist agreements and consent orders that they had agreed to in 2012. The agreements and orders had permanently barred the defendants from mailing fraudulent prize notices.
Novis and Denkberg will be scheduled for sentencing later this year, in Central Islip before U.S. District Judge Joan M. Azrack of the Eastern District of New York. The defendants face a maximum penalty of 20 years in prison. The court will determine any sentences after considering the U.S. Sentencing Guidelines and other statutory factors.
The trial resulted from a multi-year investigation conducted by the U.S. Postal Inspection Service. The case is being prosecuted by trial attorneys Charles Dunn, J. Matt Williams, and Carolyn Rice of the Civil Division’s Consumer Protection Branch.
The department’s extensive and broad-based efforts to combat elder fraud seeks to halt the widespread losses seniors suffer from fraud schemes. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud, and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. ET. English, Spanish and other languages are available.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice.
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The case name is captioned United States of America v. Sean Novis et al., No. 2:20-cr-00335 (E.D.N.Y.).
El Departamento de Justicia resuelve una acusación de discriminación relacionada con la inmigración contra una empresa de contratación en IndianaRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con JMJ Talent Solutions, Inc. («JMJ Talent Soluctions»), una compañía de contratación con cuatro sucursales por el estado de Indiana. El acuerdo resuelve una acusación de que JMJ Talent Solutions discriminó a tres no ciudadanos de los EE. UU. por motivos de su estatus de ciudadanía al pedirles que presentaran documentos específicos para demostrar su permiso para trabajar en los Estados Unidos en vez de permitirles escoger los documentos válidos que querían presentar.
«Los empleadores no pueden discriminar a trabajadores a la hora de verificar su permiso para trabajar en los EE. UU., como, por ejemplo, rechazar su documentación válida, solicitar documentación específica o pedir más documentos de los que sean necesarios, con base en su estatus de ciudadanía o nacionalidad de origen. Todo trabajador tiene derecho a elegir los documentos válidos que quiere presentar para tal proceso», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá luchando por quitar barreras ilícitas en el empleo».
Con base en su investigación, el Departamento determinó que, después de rechazar la documentación válida que una no ciudadana de los EE. UU. había presentado para demostrar que tiene permiso para trabajar en los Estados Unidos, JMJ Talent Solutions pidió que ella presentara documentos migratorios específicos, incluyendo una Tarjeta de Residente Permanente con fecha en vigor. Asimismo, el Departamento determinó que la compañía de contratación pidió al menos a dos residentes permanentes legales adicionales que presentaran sus Tarjetas de Residente Permanente para demostrar su permiso para trabajar.
La Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) prohíbe que los empleadores rechacen documentación que razonablemente parece ser genuina y pertenecer a la persona que la está presentando, que soliciten que los trabajadores presenten documentación específica o que pidan más documentación de la que por ley se requiere para probar que tienen permiso para trabajar. El empleador que lo haga podría estar vulnerando la disposición antidiscriminatoria de la INA.
Conforme a los términos del acuerdo conciliatorio, JMJ Talent Solutions pagará una sanción civil, publicará notificaciones para informar a los trabajadores de sus derechos en virtud de la disposición antidiscriminatoria de la INA, capacitará a su personal y se someterá a la supervisión del departamento durante tres años.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas y represalias e intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Hay información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación a la hora de verificar el permiso de un empleado para trabajar. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
El Departamento de Justicia llega a un acuerdo con un reclutador de servicios de informática que resuelve unas acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado un acuerdo conciliatorio con Amtex Systems Inc., una compañía de contratación y reclutamiento en el ámbito de la informática con sede en New York. El acuerdo resuelve unas acusaciones de que Amtex había discriminado a trabajadores en este país con base en su estatus migratorio o de ciudadanía durante varias fases del proceso de reclutamiento porque sus clientes preferían a trabajadores con visas laborales temporales.
«Las agencias de contratación en el ámbito de la informática no pueden excluir, de manera ilegal, a solicitantes o imponer cargas adicionales debido al estatus migratorio o de ciudadanía de alguien», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles está comprometida a hacer cumplir la ley para garantizar que los solicitantes de trabajo, incluyendo a trabajadores en este país, queden protegidos de la discriminación ilícita».
La investigación del Departamento comenzó después de que un ciudadano de los EE. UU. presentó una demanda de discriminación contra Amtex ante la Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División de Derechos Civiles. Con base en su investigación, el Departamento concluyó que Amtex usó una compañía que opera en India para identificar e investigar a solicitantes con base en la preferencia de los clientes por cierto estatus migratorio o de ciudadanía. La investigación determinó que los reclutadores enviaron anuncios de trabajo que contenían las preferencias ilícitas de sus clientes en cuanto al estatus migratorio o de ciudadanía de los trabajadores, y también implementaron esas preferencias a la hora de considerar a solicitantes. Las prácticas de los reclutadores perjudicaron a los trabajadores en este país al disuadirles de solicitar un puesto y al no considerar a aquellos que sí lo solicitaron. Por ejemplo, la investigación reveló que Amtex no consideró al menos a tres trabajadores en este país cuando estos solicitaron un puesto como respuesta a un anuncio que indicaba una preferencia por trabajadores con visas laborales temporales. Más aún, el Departamento concluyó que reclutadores para Amtex discriminaron a solicitantes no ciudadanos de los EE. UU. al requerir, de manera habitual, que presentaran un documento migratorio para poder proceder con el proceso de reclutamiento.
La disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) protege a ciudadanos estadounidenses, nacionales no ciudadanos de los EE. UU., refugiados, asilados y residentes permanentes legales recientes de la discriminación en el empleo por motivos de su estatus migratorio o de ciudadanía. Los reclutadores son responsables de vulneraciones de la INA si implementan las preferencias discriminatorias ilegales de un cliente. Conforme a la INA, los empleadores y reclutadores solo pueden restringir puestos con base en la ciudadanía o el estatus migratorio si así se lo requiere una ley, un reglamento, una orden ejecutiva o un contrato gubernamental. Es más, ya que las leyes federales solamente permiten que empleadores comprueben el permiso de una persona para trabajar después de que ya haya sido contratada, los empleadores y reclutadores no deben verificar el permiso para trabajar de solicitantes de trabajo.
Conforme los términos del acuerdo conciliatorio, Amtex pagará una sanción civil que asciende a más de $15,000 a los Estados Unidos; revisará sus políticas y procedimientos; capacitará a los empleados y agentes relevantes acerca de la disposición antidiscriminatoria de la INA y se someterá a la supervisión durante un período de tres años con el fin de garantizar su cumplimiento.
La IER es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación por motivos de estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas y las represalias e intimidación. Este folleto contiene más información sobre la discriminación al amparo de la INA.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
Attorney General Merrick B. Garland Meets with Supreme Court Officials regarding Judicial SecurityRead the Press Release
Attorney General Merrick B. Garland this afternoon convened a meeting with Justice Department and Supreme Court officials to discuss the security needs of Justices and the Court since the unauthorized release of a draft Court opinion. At the Attorney General’s direction, the U.S. Marshals Service accelerated the provision of around-the-clock security at the homes of all Justices, among other actions, last week.
Attendees also discussed ongoing efforts to enhance coordination, intelligence sharing, and technical support as it relates to judicial security. The Attorney General reiterated the Department’s commitment to take all appropriate actions to further enhance the security of Justices and the Court.
“The rise of violence and unlawful threats of violence directed at those who serve the public is unacceptable and dangerous to our democracy,” said Attorney General Garland. “I want to be clear: while people vote, argue, and debate in a democracy, we must not – we cannot – allow violence or unlawful threats of violence to permeate our national life. The Justice Department will not tolerate violence or threats of violence against judges or any other public servants at work, home, or any other location.”
Those joining the Attorney General at the meeting included U.S. Marshals Service Director Ron Davis, FBI Deputy Director Paul M. Abbate, U.S. Supreme Court Marshal Gail Curley, Supreme Court Police Chief Paul Coleman, and Counselor to the Chief Justice Jeff Minear.
Ohio Woman Pleads Guilty to Violating the Lacey Act by Selling Marbled CrayfishRead the Press Release
An Ohio woman pleaded guilty to violating the Lacey Act for selling marbled crayfish (also known as self-cloning crayfish) in interstate commerce. Marbled crayfish were recently declared an injurious aquatic invasive species under Ohio law.
According to court documents, Allison Spaulding, 46, knowingly sold marbled crayfish, Procambarus virginalis, in interstate commerce in violation of Ohio law. The marbled crayfish is considered a serious threat to aquatic biodiversity because of its high reproductive rate and the need for only one individual to start a population.
The Ohio Division of Wildlife added the marbled crayfish to the injurious aquatic invasive species list for Ohio in January 2020. Between August 2020 and June 2021, Spaulding sold marbled crayfish in 96 different transactions to buyers in 36 states for approximately $2,812.
“The Department of Justice is committed to preventing the spread of invasive species,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Marbled crayfish pose a unique threat to America’s freshwater ecosystems and the defendant’s sales had the potential to introduce this dangerous species throughout the country. Such conduct will be prosecuted and punished.”
Spaulding pleaded guilty to a Lacey Act violation. She is scheduled to be sentenced in the coming months and faces a maximum penalty of one year in prison and up to $100,000 fine. A federal district court judge will determine any sentencing after considering the U.S. Sentencing Guidelines and other statutory factors.
The Ohio Division of Wildlife, in cooperation with the U.S. Fish and Wildlife Service, are investigating the case.
Trial Attorney Adam Cullman of the Justice Department’s Environment and Natural Resources Division, Environmental Crimes Section, and Ohio Assistant Attorney General Sally Smetzer Montell are prosecuting the case.
Learn more about the marbled crayfish and why it is an injurious aquatic invasive species at https://ohiodnr.gov/static/documents/wildlife/fish-management/OSU_AIS_FieldGuide_Web.pdf.
Massachusetts Woman Sentenced to 10 Years for Methamphetamine Trafficking ChargesRead the Press Release
BANGOR, Maine: A Brighton, Massachusetts woman was sentenced in federal court today for conspiracy to distribute and possess with the intent to distribute methamphetamine, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge Lance E. Walker sentenced Kimberly Tompkins, 52, to 10 years in prison and five years of supervised release. Tompkins pleaded guilty in November 2021.
According to court records, between January 2017 and August 2018, Tompkins and other members of the conspiracy distributed large quantities of methamphetamine in northern Maine. Tompkins coordinated multi-pound shipments of methamphetamine from Arizona to conspirators who distributed it in Aroostook County. Tompkins also sent thousands of dollars in cash to the out-of-state source to supply the drug trafficking enterprise.
The U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency investigated the case.
Organized Crime Drug Enforcement Task Forces: This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Justice Department Secures Settlement in Sexual Harassment Lawsuit Against Iowa LandlordRead the Press Release
The Justice Department announced today that it has secured an agreement to resolve a lawsuit alleging that Davenport, Iowa, landlord Juan Goitia violated the Fair Housing Act by sexually harassing female tenants. The settlement also resolves claims against 908 Bridge Cooperative which, along with Goitia, owned the properties where the harassment occurred.
Under the consent order, which still must be approved by the U.S. District Court for the Southern District of Iowa, defendants are required to pay $135,000 to compensate individuals harmed by the harassment and pay a civil penalty to the United States. The consent order also:
- prohibits Goitia from continuing to manage rental housing;
- requires Goitia to retain an independent property manager to manage any rental properties he owns now or in the future; and
- requires defendants to obtain fair housing training and implement comprehensive non-discrimination policies and complaint procedures to prevent sexual harassment at their properties in the future.
“Sexual harassment by housing providers is an illegal and egregious abuse of power that deprives tenants of their right to be safe and secure in their homes,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Justice Department is committed to protecting the rights of vulnerable tenants subjected to sexual harassment and will continue to hold landlords accountable and obtain relief for survivors.”
The lawsuit, filed in 2020, alleged that since at least 2010, Goitia subjected female tenants to harassment that included making unwelcome sexual comments and advances, touching tenants’ bodies without their consent, entering the homes of female tenants without their consent and without prior notice, and taking adverse actions against tenants who resisted his sexual overtures or complained about the harassment.
This case was litigated by attorneys in the department’s Civil Rights Division and the Civil Division of the U.S. Attorney’s Office for the Southern District of Iowa. The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the initiative in October 2017, the Department of Justice has filed 23 lawsuits alleging sexual harassment in housing and recovered over $9.6 million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing 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 such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
Justice Department Hosts Violent Crime SummitRead the Press Release
The Department of Justice today kicked off a two-day national summit on reducing violence and strengthening communities. The summit convenes more than 500 prosecutors, federal and local law enforcement officials, and community partners working under the auspices of Project Safe Neighborhoods (PSN) and the National Public Safety Partnership, two department-led initiatives that balance enforcement efforts with community engagement.
“The Justice Department’s strategy to disrupt violent crime is based on partnership: partnership among federal law enforcement agencies assisting in the fight against violent crime; partnership with the local communities facing the harm that violent crime causes them; and partnership with the state, local, Tribal, and territorial law enforcement agencies protecting those local communities every day,” said Attorney General Merrick B. Garland. “Over the next two days, this summit will bring together our indispensable community and law enforcement partners from across the country to share best practices on disrupting violent crime and strengthen our coordinated efforts to keep our communities and our country safe.”
The Department of Justice is hosting the virtual summit amid increased gun violence affecting communities across the country. A report issued last week by the Centers for Disease Control and Prevention found that the rate of firearm murders rose 35% from 2019 to 2020. Counties with the highest poverty levels had four-and-a-half times the firearm homicide rate as counties with the lowest poverty levels.
Project Safe Neighborhoods (PSN) is a nationwide initiative coordinated by U.S. Attorneys’ Offices that brings together federal, state, local, and Tribal law enforcement officials, prosecutors, community leaders and other stakeholders to identify and address the most pressing violent crime problems in communities. Its fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions. In May 2021, the Department launched a Comprehensive Strategy for Reducing Violent Crime that articulates four core principles of PSN: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results of our efforts.
U.S. Attorneys’ Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the Department’s strategy. They are collaborating with law enforcement agencies and community organizations to pinpoint the drivers of violence in their districts and working together to develop community-based, data-driven solutions. The Bureau of Justice Assistance, a division of the Department’s Office of Justice Programs, is making almost $18 million in PSN funding available to communities this year.
The Justice Department also announced its intention to select five additional jurisdictions to participate in the National Public Safety Partnership (PSP). PSP provides training, technical assistance and other resources from the department’s enforcement and grantmaking components to address community violent crime challenges. More than 50 cities have participated in the effort.
President Biden outlined his Administration’s approach to tackling violent crime during a February trip to New York City, where he discussed measures for holding accountable those who commit gun crimes and announced major investments in violence reduction efforts, community violence intervention programs, and services designed to help formerly incarcerated individuals make a successful return to their communities. “We have an opportunity to come together and fulfill the first responsibility of government and our democracy: to keep each other safe,” he said.
Joining the Attorney General during the summit are Deputy Attorney General Lisa O. Monaco, Associate Attorney General Vanita Gupta, Office of Justice Programs Principal Deputy Assistant Attorney General Amy L. Solomon, Criminal Division Assistant Attorney General Kenneth A. Polite, Jr., Director of the Executive Office of U.S. Attorneys Monty Wilkinson and Bureau of Justice Assistance Director Karhlton F. Moore. The summit is organized by the Bureau of Justice Assistance.
Justice Department Announces Publication of the First Volume of the National Firearms in Commerce and Trafficking AssessmentRead the Press Release
The Justice Department today announced the publication of the first volume of the National Firearms in Commerce and Trafficking Assessment (NFCTA), a four-part, comprehensive examination of commerce in firearms and the diversion of firearms to illegal markets.
“Last year, I directed ATF to undertake its first comprehensive study of criminal gun trafficking in over two decades,” said Attorney General Merrick Garland. “The first volume published today provides critical, data-driven insights on firearms commerce and technology trends that will inform our efforts to understand and disrupt gun trafficking networks. We will continue to work alongside our partners to provide valuable lessons that will help agents, prosecutors, and policymakers tackle modern criminal gun trafficking enterprises.”
“We can only address the current rise in violence if we have the best available information and use the most effective tools and research to fuel our efforts” said Deputy Attorney General Lisa O. Monaco. “This report is an important step in that direction. The Department will continue to gather the data necessary to tailor our approach at the most significant drivers of gun violence and take shooters off the streets.”
In April 2021, as part of the department’s strategy to combat the rise in violent crime, President Biden and Attorney General Garland directed the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to issue a comprehensive report on firearms commerce and trafficking. Volume I of the NFCTA, issued today, is a broad overview of firearms commerce in the United States, covering data from 2000 to 2020.
Volume I presents and analyzes data collected by ATF and other federal agencies related to the manufacture, exportation, and importation of firearms. Between 2000 and 2020, the number of Gun Control Act (GCA) firearms and National Firearms Act (NFA) weapons that were domestically manufactured, exported by U.S. manufacturers, or imported into the U.S. increased by 187%, 240% and 350% respectively. The report highlights trends in firearm commerce, noting that – for example – over the last decade, the pistol has become the dominant firearm type manufactured and imported into the U.S., and the number of short-barreled rifles manufactured annually has increased 24,080% between 2000 and 2020.
Volume I also analyzes the past 20 years of technological developments affecting firearms commerce. One of the most significant developments in this period has been the proliferation of privately made firearms (PMFs). Since the early 2000s, advances in firearm manufacturing and design, combined with the ready online availability of the parts and information necessary to assemble PMFs, have made it easier for unlicensed persons to make a firearm at home without any records or a background check. These PMFs lack identifying markings, and often have no associated recordkeeping, making it difficult for law enforcement to know how many are made and distributed into commerce. The data available, however, makes it clear that criminals are actively making, using, and distributing PMFs both domestically and internationally. The number of suspected PMFs recovered by law enforcement and subsequently traced by ATF increased 1,000% between 2016 and 2021. To curb the proliferation of PMFs, the Department announced a new rule that updates the regulatory definitions for firearms and clarifies that background checks are required for buy-build-shoot firearms kits that are sold commercially.
To produce the NFCTA, the ATF assembled a team of subject experts from ATF, as well as from academic and related fields. Although ATF issues a variety of public and law enforcement reports and bulletins regarding firearm commerce, trafficking, and related issues every year, it has not undertaken a joint academic study on the scale of the NFCTA in more than 20 years.
Former Executive of Pesticide Manufacturing Company Pleads Guilty to Making and Using False DocumentRead the Press Release
Christopher James Davis, of Venice, California, pleaded guilty in federal court in Mobile, Alabama, to one count of falsifying and using a document to obtain approval from the Environmental Protection Agency (EPA) to manufacture a pesticide.
According to court documents, Davis, a product manager for a pesticide manufacturer, submitted documents supporting a pesticide’s U.S. registration that he knew falsely indicated that the pesticide had been approved for manufacture and use in Canada, when in fact Davis knew it had not. Relying on the submission with this false information, the EPA approved the pesticide’s U.S. application.
“The honesty of individuals applying to manufacture pesticides is vital to protecting the public’s health and the environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will prosecute those who falsify records and submit them to obtain regulatory approvals.”
“In order to safeguard the environment, it is essential that the Environmental Protection Agency’s pesticide programs receive accurate and honest information from pesticide producers and their employees,” said Special Agent in Charge Chuck Carfagno of EPA’s Criminal Investigation Division. “This guilty plea sends a clear message that EPA and its law enforcement partners will continue to hold individuals fully accountable for illegal conduct that jeopardizes the environment.”
The case was investigated by the EPA Criminal Investigation Division. The case is being prosecuted by Senior Counsel Kris Dighe of the Environmental Crimes Section of the Department of Justice’s Environment and Natural Resources Division, Assistant U.S. Attorney Michael Anderson, and Special Assistant U.S. Attorney Jennifer Lewis.
Orthotic Brace Suppliers Convicted in $6.5 Million Health Care Fraud SchemeRead the Press Release
A federal jury in Dallas, Texas, convicted the owners and operators of four orthotic brace suppliers in Texas and Arkansas today for a $6.5 million illegal kickback scheme, including violations of the federal Anti-Kickback Statute.
According to court documents and evidence presented at trial, Bruce Stroud, 40, Bobbi Stroud, 39, husband and wife and residents of Prosper, Texas, and Kenric Griffin, 52, of Frisco, Texas, jointly owned and operated four orthotic brace suppliers: New Horizons Durable Medical Equipment, Striffin Medical Supply, 4B Ortho Supply, and Grace Professional DME.
The evidence showed that between January 2017 and April 2019, the Strouds and Griffin, through their companies, caused approximately $12.5 million to be billed in claims to Medicare for unnecessary braces based on brace orders received in exchange for illegal kickbacks. Medicare paid the defendants approximately $6.5 million for those claims. The defendants concealed the scheme by entering into numerous sham agreements with purported marketing companies that characterized the illegal payments for doctors’ orders as “marketing” expenses.
The Strouds and Griffin were convicted of conspiracy to defraud the United States and to offer and pay illegal health care kickbacks, and seven violations of the Anti-Kickback Statute. The defendants are all scheduled to be sentenced on Sept. 7. Each defendant faces a total of up to 55 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Chad E. Meacham for the Northern District of Texas; Special Agent in Charge Miranda Bennett of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge Matthew DeSarno of the FBI’s Dallas Field Office; and Major William Marlowe of the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
The HHS-OIG, FBI, and MFCU investigated the case.
Trial Attorneys Carlos A. López and Darren C. Halverson of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
Justice Department Files Complaint and Proposed Consent Decree to Ensure Safety of Abbott Laboratories’ Infant FormulaRead the Press Release
The United States has filed a complaint and a proposed consent decree that, if entered by a federal court in the Western District of Michigan, would allow Abbott Laboratories (Abbott) to resume manufacturing powdered infant formula at its Sturgis, Michigan, facility but also would require the company to take specific measures designed to increase safety and ensure compliance with the Federal Food, Drug, and Cosmetic Act (FDCA) and the U.S. Food and Drug Administration’s (FDA) Good Manufacturing Practice Requirements.
“The actions we are announcing today will help to safely increase the supply of baby formula for families,” said Attorney General Merrick B. Garland. “The Justice Department will vigorously enforce the laws ensuring the safety of our food and other essential consumer products, and we will work alongside our partners across government to help make sure those products are available to the American people.”
In a complaint filed May 16, the United States alleged that Abbott, Division Vice-President of Quality Assurance Lori J. Randall, Sturgis Director of Quality Keenan S. Gale, and Sturgis Site Director TJ Hathaway manufactured powdered infant formula under conditions and using practices that failed to comply with regulations designed to ensure the quality and safety of infant formula, including protection against the risk of contamination from bacteria such as Cronobacter sakazakii. The Cronobacter sakazakii bacteria can live in dry foods, such as powdered infant formulas, and can cause deadly sepsis or meningitis in infants. The complaint further alleged that FDA testing of environmental samples taken in February detected Cronobacter sakazakii in the defendants’ manufacturing facility.
Abbott has agreed to resolve the complaint in a proposed consent decree of permanent injunction. Under the proposed consent decree, which must still be reviewed and entered by a federal court, Abbott must retain outside expert assistance to bring its facility into compliance with the FDCA and good manufacturing practice regulations. Among other things, the expert will assist Abbott, under FDA supervision, in the development of plans designed to reduce and control the risk of bacterial contamination, and will periodically evaluate Abbott’s compliance with the FDCA, regulations, and the consent decree. The proposed consent decree also follows a thorough FDA inspection of the Sturgis facility and ongoing efforts by Abbott to address observations made during that inspection. The proposed consent decree sets out what Abbott must do to resume safely manufacturing infant formula at the Sturgis facility, which will help to mitigate the shortage of infant formula while also protecting public health.
“Federal laws regarding the safe manufacture of food, particularly food for infants, must be rigorously enforced,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The proposed consent decree underscores the Department’s commitment to protecting our most vulnerable citizens while also ensuring access to an essential product.”
“Parents who feed their babies formula must have confidence these products are safe,” said U.S. Attorney Mark Totten for the Western District of Michigan. “This proposed consent decree aims to protect one of our most vulnerable populations. My office is fully committed to supporting FDA and working with its partners at the Consumer Protection Branch to ensure manufacturers in our district comply with FDA’s safety regulations.”
“Today’s action means that Abbott Nutrition has agreed to address certain issues that the agency identified at their infant formula production facility in Michigan,” said FDA Commissioner Robert M. Califf, M.D. “The public should rest assured that the agency will do everything possible to continue ensuring that infant and other specialty formulas produced by the company meet the FDA’s safety and quality standards, which American consumers have come to expect and deserve. We recognize the hardships that parents and caregivers have faced in obtaining infant formula and the FDA is focused on boosting the availability of the country’s supply of these products, including new steps regarding importation. We are also taking a look at the supply of infant formulas developed by manufacturers across the country and around the world to determine if a reallocation of their distribution can be made to help get the right product to the right place, at the right time.”
This proposed consent decree is part of the Department’s broader work to address the current infant formula shortage. As part of these efforts, Associate Attorney General Vanita Gupta sent a letter to state attorneys general today, urging them to use their state-law authorities to ensure that vulnerable families are not taken advantage of during this time, and encouraging them to contact the Department with any evidence of collusive price fixing, bid rigging, or market allocation. The Associate Attorney General’s letter can be found here: https://www.justice.gov/asg/page/file/1506016/download.
This matter is being handled by Senior Litigation Counsels Donald R. Lorenzen and Christina Parascandola of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Andrew Hull for the Western District of Michigan, with the assistance of Senior Counsel Claudia Zuckerman of the FDA’s Office of the Chief Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Michigan, visit its website at https://www.justice.gov/usao-wdmi.
Accountant for Manpower Agency Sentenced to 18 months in Federal Prison for CNMI Visa Fraud SchemeRead the Press Release
Saipan – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Mylene Basco Casupanan, age 42, from the Republic of the Philippines was sentenced in the United States District Court for the Northern Mariana Islands to 18 months imprisonment for Conspiracy to Defraud the Unites States in violation of 18 U.S.C. § 371. The Court also ordered 2 years of supervised release following imprisonment, 40 hours of community service, and a mandatory $100.00 special assessment fee.
In January of 2019, Casupanan along with Alejandro Tumandao Nario created A&A Enterprises, a manpower agency business incorporated on the island of Saipan in the Commonwealth of the Northern Mariana Islands (CNMI). Nario, president of the company, and Casupanan, the accountant and business manager, operated this business which profited from the submission of more than 100 fraudulent CNMI-Only Transitional Worker (CW-1) visas.
As part of the scheme, Casupanan recruited foreign workers from the Philippines and in the CNMI, and then forged documentation for submission with their CW-1 applications. Rather than provide full-time employment to these foreign workers as required under the CW-1 program, Casupanan and Nario demanded the foreign workers find their own employment in Saipan and then pay A&A Enterprises a biweekly tax of $194.
Nario was previously sentenced on February 4, 2022, to serve 21 months of incarceration in a federal prison.
“Casupanan is the final defendant to be held accountable in this complex investigation and prosecution,” stated United States Attorney Anderson. “Our office is actively targeting this activity in the CNMI. We will continue to bring those who abuse the CW-1 program to justice.”
“A&A Enterprises went through great lengths to defraud the United States Government and potential beneficiaries of the CW-1 visa program,” says HSI Honolulu Special Agent in Charge John F. Tobon. “Let this be a clear message that there will be serious consequences for those who exploit our immigration system by engaging in these elaborate fraud schemes.”
The case was investigated by Homeland Security Investigations and prosecuted by Albert S. Flores, Jr., Assistant United States Attorney in the District of the Northern Mariana Islands.
Woman Convicted of Laundering over $750,000 from Health Care Fraud SchemeRead the Press Release
A federal jury convicted a Florida woman today for laundering approximately $786,000 in money stolen from Medicare, Medicaid, and private health insurers as part of a sprawling health care fraud scheme in Miami.
According to court documents and evidence presented at trial, Jesmina Ramirez, 50, of Miami Gardens, laundered hundreds of thousands of dollars in fraud proceeds by cashing checks written from five fraudulent medical supply companies and returning that cash, minus a fee, to her co-conspirators. The five fraudulent medical supply companies for whom she laundered money – BF Distributors Corp.; Timely Medical Services Corp.; Ortho-Med Solution Inc.; Expedited Medical Supplies Corp.; and Prime Orthopedic Solutions Corp. – billed Medicare, Medicaid, and private insurers more than $48 million for medical equipment the companies never actually purchased and never provided to any patients. Ramirez laundered the stolen money by cashing more than 120 checks from the fraudulent companies over more than two years.
Ramirez was convicted of one count of conspiracy to commit money laundering and one count of money laundering. She faces up to 20 years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing is scheduled for July 13.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida; Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Miami Regional Office; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge George L. Piro of the FBI Miami Field Office; Special Agent in Charge Kyle A. Myles of the Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG), Atlanta Regional Office; and Florida Attorney General Ashley Moody made the announcement.
The FBI, HHS-OIG, FDIC-OIG, and Florida’s Medicaid Fraud Control Unit are investigating the case.
Trial Attorneys Alexander Thor Pogozelski and Emily Gurskis of the Criminal Division’s Fraud Section are prosecuting the case.
Saipan Residents Sentenced to Federal Prison for 57 months for Possessing Methamphetamine with the Intent to DistributeRead the Press Release
Saipan – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendants Eugene Ka Lok Wong, age 31, a U.S. Citizen and resident of Saipan, and Dwight Lee Deleon Guerrero Aldan, age 47, also a U.S. Citizen and resident of Saipan, were each sentenced in the United States District Court for the Northern Mariana Islands to 57 months imprisonment for Possession with the Intent to Distribute more than 50 grams of Methamphetamine, in violation of 21 U.S.C. § 841(a)(1). The Court also ordered 5 years of supervised release following imprisonment, 100 hours of community service and a mandatory $100.00 special assessment fee for both defendants. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On December 18, 2020, CNMI Customs officers arrested Wong at a United States Post Office in Saipan after he retrieved a mail parcel containing methamphetamine. Lab analysis determined that the package contained 111 grams of methamphetamine with a purity of 92%. Customs officers discovered the package during joint surveillance with the United States Drug Enforcement Administration (DEA) and investigation by the United States Postal Inspection Service. The investigation revealed that Wong intended to distribute the methamphetamine to various persons in Saipan.
On December 22, 2020, again in cooperation with the DEA and United States Postal Inspection Service, CNMI Customs interdicted another parcel containing 56 grams of methamphetamine with a purity of 85%. Aldan retrieved the parcel from the post office and intended to distribute the drugs in Saipan with Wong. In total, the packages contained approximately 1,670 individual doses of methamphetamine, with a street-value of more than $83,500.
“We continue to partner with federal and CNMI law enforcement agencies to combat drug trafficking in our islands,” stated United States Attorney Anderson. “Together, we will hold those who poison our communities accountable for their conduct.”
“Methamphetamine and other highly addictive synthetic drugs pose a significant threat to the island community,” said DEA Los Angeles Division Special Agent in Charge Bill Bodner. “Through the collaboration with our law enforcement partners we continue to disrupt the distribution of dangerous drugs and hold those responsible.”
Inspector in Charge Rafael Nuñez of the U.S. Postal Inspection Service, San Francisco Division said: “Postal Inspectors are dedicated to protecting postal customers and employees from all kinds of harmful material in the mail. We hope this sentence sends a message to drug traffickers not to use the mail to transport controlled substances to Saipan or anywhere else.”
This case was investigated by the Drug Enforcement Administration, United States Postal Inspection Service and Commonwealth of the Northern Mariana Islands Customs. The case was prosecuted by Albert S. Flores, Jr., Assistant United States Attorney for the District of the Northern Mariana Islands.
Readout of Roundtable with Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, Associate Attorney General Vanita Gupta and State and Local Law Enforcement LeadersRead the Press Release
Yesterday, in honor of Police Week, Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, and Associate Attorney General Vanita Gupta hosted a roundtable discussion with leaders of law enforcement organizations focused on officer safety and wellness at a time of heightened gun violence.
The Attorney General opened the meeting by recognizing the significance of Police Week, a time to honor those who made the ultimate sacrifice for their communities and the nation. He recognized that law enforcement has faced increased, targeted violence, and that the rise in violent crime makes the work of law enforcement more dangerous and more difficult. The Attorney General reaffirmed the Department’s commitment to officer safety and wellness, and the vital importance of law enforcement partnerships to protect communities from violent crime.
Deputy Attorney General Monaco shared the steps the Department has taken and is taking to reduce violent crime and tackle gun violence, including the importance of comprehensive firearm tracing and ballistics analysis.
Associate Attorney General Gupta highlighted the importance of these meetings, saying that the steps the Department takes to support officer safety and wellness are often based on feedback from the Department’s state, local, and Tribal partners. She closed by saying she was looking forward to strategizing together on ways to tackle violent crime next week at the Department’s Project Safe Neighborhood conference.
All three Department leaders thanked those in attendance for their service and sacrifices.
Themes throughout the hour-long discussion included how the Justice Department can best help its state and local partners combat violent crime; patterns and trends law enforcement are experiencing regarding gun violence; and the biggest challenges that federal, state, and local law enforcement rank-and-file are facing every day in the field.
Along with the top three leaders of the Department, also in attendance from the Department were FBI Director Christopher Wray; USMS Director Ronald Davis; DEA Administrator Anne Milgram; ATF Acting Director Gary Restaino; ATF Deputy Director Marvin Richardson; Robert Chapman, Acting Director of the Office of Community Oriented Policing (COPS); Amy Solomon, Principal Deputy Assistant Attorney General of the Office of Justice Programs (OJP); and Jen Kaplan, General Counsel of the Office of Violence Against Women.
Prior to the discussion, Attorney General Garland hosted a reception for members of law enforcement. And earlier in the day, Attorney General Garland and Deputy Attorney General Monaco attended memorials to honor those who lost their lives in the line of duty from the ATF, DEA, FBI, and USMS.
Earlier this morning, the Attorney General, Deputy Attorney General, and Associate Attorney General placed a wreath at the National Law Enforcement Officers Memorial and reflected on the sacrifices law enforcement – and their families – make in service to their communities and country. This evening, the Attorney General will attend the annual Candlelight Vigil and read names of the fallen.
Justice Department Files Sexual Harassment Lawsuit Against Wisconsin Rental Property OwnersRead the Press Release
The Department of Justice announced today that it has filed a lawsuit against Richard and Mary Donahue, owners of rental properties in the Janesville, Wisconsin area, alleging sexual harassment and retaliation in violation of the Fair Housing Act.
The lawsuit, filed in the U.S. District Court for the Western District of Wisconsin, alleges that Richard Donahue, who manages the properties, sexually harassed numerous female tenants since at least 2000. According to the complaint, Donahue made repeated and unwelcome sexual comments to female tenants, entered the homes of female tenants without their consent, touched female tenants’ bodies without their consent, requested sexual contact, offered reduced or free rent in exchange for sexual contact and took adverse housing-related actions against female tenants who refused his sexual advances. The lawsuit also names as a defendant Mary Donahue, Richard Donahue’s wife, who co-owns some of the properties.
Today’s lawsuit seeks monetary damages to compensate persons harmed by the alleged harassment, civil penalties to vindicate the public interest and a court order barring future discrimination. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.
“Everyone deserves to feel safe at home, but sexual harassment in housing destroys that security,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will vigorously enforce the Fair Housing Act against landlords who engage in this kind of predatory and illegal behavior.”
“No one should have to choose between having a place to live or enduring sexual harassment,” said U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin. “Those few Wisconsin landlords who exploit vulnerable tenants for sex violate federal law and will be held accountable.”
The Justice Department launched its Sexual Harassment in Housing Initiative in October 2017. The department’s initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The goal of the initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the initiative, the department of Justice has filed 24 lawsuits alleging sexual harassment in housing and recovered over $9.5 million for victims of such harassment.
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.
Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by the Donahues, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line at 1-833-591-0291, select a language, and select option number 2, then option number 4 to leave a message. Individuals may also contact the U.S. Attorney’s Office for the Western District of Wisconsin at (608) 264-5158. Individuals may also e-mail the Justice Department at [email protected] or submit a report online.
If you think you are a victim of sexual harassment by a landlord, or other forms of housing discrimination, you may contact the Justice Department by submitting a report online or contacting the U.S. Attorney’s Office at [email protected].
Reports also may be made by contacting the U.S. Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.
Grain Milling Company Charged with OSHA Crimes for Causing Worker DeathsRead the Press Release
A federal grand jury in Madison, Wisconsin, returned an indictment charging a corn milling company, a company vice president, two environmental coordinators and three additional supervisors with crimes related to worker safety, fraud, air pollution and obstruction of justice, the Department of Justice announced.
Two former company supervisors previously pleaded guilty to related charges in the U.S. District Court for the Western District of Wisconsin.
According to the indictment handed down on May 11, Didion Milling Inc. (DMI) owned and operated a corn mill in Cambria, Wisconsin. Grain milling generates large amounts of grain dust, and DMI was required to regularly clean dust accumulations from inside the mill in order to prevent both food safety and quality issues and to remove accumulations that could fuel combustible dust explosions. DMI was also required to operate and maintain air pollution control devices called baghouses to reduce emissions of grain dust — a form of particulate matter pollutant — into the environment. The indictment alleges that DMI was further required to document the completion of routine cleanings inside the mill and the routine monitoring of baghouses to prevent dust emissions outside of the mill.
The indictment alleges that DMI willfully violated two federal safety standards promulgated under the Occupational Safety and Health Act (OSH Act) — by (1) by failing to develop and implement a written program to effectively prevent and remove combustible grain dust accumulations, and (2) by failing to install explosion venting or explosion suppression on a dust filter collector — thereby causing the deaths of five employees due to a combustible dust explosion at DMI’s corn mill on May 31, 2017.
The indictment further alleges that DMI; its vice president of operations, Derrick Clark, 48 of Waunakee, Wisconsin; its former food safety superintendent, Shawn Mesner, 44 of Readstown, Wisconsin; its former shift superintendent, Anthony Hess, 54 of Pardeeville, Wisconsin; and its former shift superintendent, Joel Niemeyer, 39 of Baraboo, Wisconsin; conspired to commit fraud by agreeing to take deceptive measures to conceal the failure to adhere to food safety procedures at the mill, including by falsifying the cleaning logbook to conceal the fact that DMI was not following its written cleaning schedule, so that DMI could maintain its food safety certification and continue to sell its products to food and beverage manufacturers.
DMI, Clark, Mesner, Hess and Niemeyer, along with DMI’s former environmental coordinators James Lenz, 65 of Deerfield, Wisconsin, and Joseph Winch, 66, of Logansport, Indiana, also were indicted for conspiracy to commit federal offenses in order to conceal violations and unsafe conditions from auditors and government agencies. The alleged conspiracy included an agreement to falsify cleaning logs and baghouse monitoring logs, submit false environmental compliance certifications, and provide false testimony on matters within the jurisdictions of the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA).
DMI and individual defendants are further charged in the indictment with related substantive offenses. Hess, Clark and DMI are charged with obstruction of justice for providing false and misleading testimony to OSHA after the May 2017 explosion concerning their knowledge of combustible dust hazards at DMI.
Former DMI shift superintendents Michael Bright, 36, of Merrill, Wisconsin, and Nicholas Booker, 42, of Cambria, Wisconsin, previously pleaded guilty to making false entries in DMI’s cleaning logbook and false entries in DMI’s baghouse log, which involved matters within the jurisdiction of OSHA and EPA, respectively.
The OSH Act makes it a misdemeanor for an employer to willfully violate a safety standard, and that violation cause death to any employee. If convicted of the OSH Act offenses, DMI may be ordered to make restitution to victims as compensation for their pecuniary losses, fined, and sentenced to corporate probation with conditions. If convicted of fraud conspiracy, a defendant may be sentenced to a maximum term of incarceration of 20 years in prison, fined not more than $1 million and ordered to forfeit assets derived from fraud. If convicted of conspiracy to commit federal offenses and other substantive offenses set forth in the indictment, a defendant may face maximum terms of incarceration ranging from five to 20 years in prison and fines up to $1 million depending on the crime of conviction. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division made the announcement. EPA’s Criminal Investigative Division is investigating the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Indiana Police Officer Pleads Guilty to Civil Rights Offense Following Assault on Arrestee and Falsified ReportRead the Press Release
Jeremy Gibson, 31, a former officer with the Muncie Police Department, in Muncie, Indiana, pleaded guilty today to civil rights and obstruction charges. Specifically, the defendant pleaded guilty to a federal civil rights offense for assaulting an arrestee, and to an obstruction offense for writing a false report to cover up the incident.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Zachary A. Myers for the Southern District of Indiana and FBI Indianapolis Special Agent in Charge Herbert J. Stapleton made the announcement.
According to court documents and statements made during the change of plea hearing, on or about May 13, 2019, Gibson initiated a traffic stop of a car because one of the car’s headlights was out. When the driver stepped out of the car, Gibson attempted to physically take him to the ground, and punched him several times with a closed fist in the process. As other officers also used force against the driver, Gibson delivered a knee strike to the right of his head, causing his head to swing to the side, at which point another officer delivered another knee strike to the opposite side of the driver’s head. Shortly after the incident, Gibson authored a false report about the incident.
Gibson is one of four Muncie police officers who – along with Officer Chase Winkle, Officer Corey Posey and Sergeant Joseph Krejsa – were indicted in April 2021 in a 17-count superseding indictment for their roles in using excessive force against arrestees and attempting to cover up the misconduct. The other three officers are scheduled to stand trial in August 2022. A fifth Muncie police officer, Dalton Kurtz, previously pleaded guilty on Aug. 4, 2021, to one count of misprision of felony for concealing and failing to report inappropriate use of force by Officer Winkle during a separate incident.
The FBI conducted the investigation. Trial Attorneys Katherine G. DeVar and Mary J. Hahn of the Civil Rights Division, and Assistant U.S. Attorney Peter Blackett for the Southern District of Indiana are prosecuting the case.
Former Indiana Deputy Sentenced to 18 Months in Prison for Assaulting Inmate Inside Marion County JailRead the Press Release
A former Detention Deputy with the Marion County Sheriff’s Office in Indianapolis, Indiana, was sentenced today in federal district court for assaulting an inmate. Jorge Alberto Mateos, 26, of Noblesville, Indiana, was sentenced by Chief Judge Tanya Walton Pratt to 18 months in federal prison, one year of supervised release and an $1,000 fine. Mateos previously pleaded guilty to a felony civil rights offense for his unreasonable use of force against an inmate in his care.
Assistant Attorney General Kristen Clarke for the Department of Justice’s Civil Rights Division, U.S. Attorney Zachary A. Myers of the Southern District of Indiana and FBI Indianapolis Special Agent in Charge Herbert J. Stapleton made the announcement.
According to court documents and statements made at the sentencing hearing, on the evening of Sept. 9, 2021, Mateos was on duty as a Detention Deputy at the Marion County Jail. During the shift, deputies ordered an inmate at the facility to remove his jail-issued shoes. The inmate kicked off his shoes and sat in the corner of his cell. In response, Mateos entered the cell and told the inmate something to the effect of, “When a deputy tells you to do something, you need to do it.” Mateos then struck the inmate in the face multiple times, during which time the inmate did not try to resist or fight back. Mateos continued to strike the inmate after he fell to the ground. According to court documents, other detention deputies attempted to deescalate the situation, separated the inmate and Mateos, and placed the inmate in handcuffs. After the inmate was handcuffed, Mateos struck the inmate several additional times. As a result, the inmate sustained bodily injuries.
“Former Deputy Mateos abused his authority as a law enforcement officer and betrayed the public’s trust when he violently assaulted an inmate in his custody,” said Assistant Attorney General Kristen Clarke. “Law enforcement officials who commit violent assaults inside our jails and prisons are not above the law, and we will continue to vigorously prosecute those who commit civil rights violations.”
“Law enforcement officers who violate their oaths and choose to assault persons in their custody will be held accountable,” said U.S. Attorney Zachary A. Myers. “Former Deputy Mateos chose to repeatedly attack an inmate who offered no resistance, an assault that continued even after the inmate was handcuffed. These crimes dishonor our profession and erode trust in the honorable law enforcement officers who risk their lives to keep the community safe. Abuses of the public trust are a special category of wrongs to be righted, and the sentence imposed today demonstrates that this office, the Department of Justice and our law enforcement partners will prioritize holding these offenders accountable.”
“There is no acceptable level of abuse of power,” said Special Agent in Charge Herbert J. Stapleton. “The vast majority of law enforcement officers are professional, well-trained and honor the oath they took to protect and serve the community. The FBI and our law enforcement partners will continue to hold accountable those who violate that oath and the civil rights of those they are sworn to protect.”
This case was investigated by the FBI, with assistance from the Marion County Sheriff’s Office. Assistant U.S. Attorneys Bradley P. Shepard and Kelsey L. Massa of the Southern District of Indiana, and Trial Attorney Katherine G. DeVar for the Civil Rights Division prosecuted the case.
Former Florida Police Sergeant Sentenced for Sex Crimes Against Three WomenRead the Press Release
Jesus Manuel Menocal Jr., 34, a former Hialeah Police Department sergeant, was sentenced in federal court in Miami, Florida, to three years in prison and one year of supervised release, the statutory maximum sentence.
Menocal previously pleaded guilty to three counts of violating the civil rights of women by sexually exploiting them.
“The Department of Justice will not tolerate police officers who abuse their authority to prey on those they are sworn to protect,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “The Civil Rights Division will continue to vigorously prosecute these cases to secure justice for the victims of these reprehensible crimes and to ensure that perpetrators who use their unique power to take advantage of others are held accountable.”
“The police officer sentenced today violated not only his victims’ rights, but also the public’s trust,” said U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “As this prosecution shows, we will hold accountable those in our South Florida community who abuse their positions of power and engage in such disgraceful illegal conduct.”
“Jesus Menocal now faces the consequences for using his position to sexually abuse women,” said Deputy Special Agent in Charge John J. Bernardo of the FBI Miami Field Office. “Menocal was sentenced to the statutory maximum which is a testament to the courage of his victims to come forward and tell their stories as well as the dedication of FBI Miami's Civil Rights squad.”
According to court documents, Menocal kissed a woman and caused her to touch his exposed penis; had a second woman, who was in psychiatric crisis, perform oral sex on him; and coerced a third woman, who was walking alone at night, into submitting to oral and vaginal sex. While not directly related to the offenses to which he pleaded guilty, Menocal also admitted to bringing a fourth female into a Hialeah Police Department building and ordering her to remove her shorts and underwear, causing her to expose her buttocks to him. Menocal admitted that he was on-duty and in uniform during all of these acts, abusing his official authority.
Assistant Attorney General Kristen Clarke for Justice Department’s Civil Rights Division and U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida made the announcement.
The FBI Miami Field Office investigated the case, with assistance from the Hialeah Police Department. The case was prosecuted by Assistant U.S. Attorneys Edward N. Stamm, Monica K. Castro and Ilham Hosseini of the Southern District of Florida, and Trial Attorney Kyle Boynton and Special Litigation Counsel Samantha Trepel for the Justice Department’s Civil Rights Division.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov/ or on http://pacer.flsd.uscourts.gov/
Family Convicted of Conspiring to Force a Pakistani Woman to Labor in Their Virginia Home for 12 YearsRead the Press Release
A federal jury in sitting in Richmond, Virginia, found defendants Zahida Aman, Mohammad Nauman Chaudhri and Mohammad Rehan Chaudhri, guilty of conspiracy to commit forced labor for compelling the domestic labor of a Pakistani women for 12 years. The jury further found defendant Aman guilty of forced labor and document servitude, and defendant Rehan Chaudhri guilty of forced labor.
Assistant Attorney General Kristen Clarke for the Justice Department's Civil Rights Divison and U.S. Attorney Jessica D. Aber for the Eastern District of Virginia made the announcement.
“The defendants exploited the victim’s trust and inflicted cruel and inhumane physical and mental abuse on her, all so they could keep her working in their home as their domestic servant,” said Assistant Attorney General Kristen Clarke. “Human trafficking is a disgraceful and unacceptable crime, and this verdict should send the very clear message that the Justice Department will investigate and vigorously prosecute human traffickers and help secure justice for survivors.”
“The defendants exploited someone who should have been a loved family member to force her to work in their home for over 14 years,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “Forced labor, the modern-day equivalent of slavery, has no place in our country or district, and we will stop at nothing to prosecute those that commit these or similar crimes. Let this conviction serve as a light to survivors impacted by labor trafficking and as a deterrent to those conspiring to commit heinous labor trafficking crimes.”
“The FBI is committed to working with our partners to protect the civil rights of all persons, investigate and prosecute allegations of abuse, and assist the victims of these crimes throughout the process,” said Special Agent in Charge Stanley M. Meador of the FBI Richmond Field Office. “The strength and perseverance of this victim and the investigative team should be commended; and we encourage any community member who knows of or suspects this type of abuse is occurring to report it to authorities immediately.”
Following a seven-day trial, the jury convicted all of the defendants of conspiracy to commit forced labor, convicted two of the defendants of forced labor, and convicted defendant Zahida Aman of document servitude. According to the evidence presented in court, defendant Zahida Aman arranged for her son’s marriage to the victim in 2002. The victim moved to the United States and lived in a house in Midlothian, Virginia, with her husband and the three defendants (the husband’s mother and his two brothers). The defendants compelled the victim to serve the family as a domestic servant, using physical and verbal abuse, restricting communication with her family in Pakistan, confiscating her immigration documentation and money and eventually threatening to separate her from her children by deporting her to Pakistan.
The defendants slapped, kicked, and pushed the victim, even beat her with wooden boards, and on one occasion hog-tied her hands and feet and dragged her down the stairs in front of her children. Even after the victim’s husband moved away, the defendants kept the victim in their Virginia home, often forcing her to perform increasingly laborious tasks, including stripping and staining a deck by hand, mowing the one-acre lawn with a push mower, hand-washing and line-drying area rugs, painting the inside and outside of their two-story home, picking out debris from car carpets with a tweezer and constructing a concrete walkway in front of the home — a task that required the victim to haul 80-pound bags of concrete before mixing and pouring cement.
The evidence further showed that the defendants required the victim to work every day, beginning early each morning. They restricted her food, forbade her from learning to drive or speaking to anyone except the defendants’ family members and prohibited her from calling her family in Pakistan.
The sentencing has not yet been scheduled. Defendants Aman and Rehan Chaudhri face a maximum sentence of 20 years for forced labor. The convictions for conspiracy to commit forced labor and for document servitude carry a maximum sentence of five years each. Restitution in this case is mandatory under the law.
The FBI investigated the case. It is being prosecuted by Trial Attorney Leah Branch of the Civil Rights Division’s Human Trafficking Prosecution Unit and Assistant U.S. Attorneys Stephen Miller and Shea Gibbons for the Eastern District of Virginia.
United States Signs Protocol to Strengthen International Law Enforcement Cooperation to Combat CybercrimeRead the Press Release
At the Council of Europe (COE) headquarters in Strasbourg, France, on May 12, Deputy Assistant Attorney General (DAAG) Richard Downing of the U.S. Department of Justice’s Criminal Division signed the Second Additional Protocol to the Convention on Cybercrime on enhanced cooperation and disclosure of electronic evidence on behalf of the U.S. government. This strengthening and expansion of the multilateral international treaty commonly called the Budapest Convention is part of the United States’ steadfast commitment to helping nations, including the United States, fight cybercrime by obtaining access to needed electronic evidence.
The Second Additional Protocol to the Budapest Convention will accelerate cooperation among parties to protect our citizens from cybercrime and hold criminals accountable. As cybercrime proliferates, electronic evidence is increasingly stored in different jurisdictions. The Second Additional Protocol is specifically designed to help law enforcement authorities obtain access to such electronic evidence, with new tools including direct cooperation with service providers and registrars, expedited means to obtain subscriber information and traffic data associated with criminal activity, and expedited cooperation in obtaining stored computer data in emergencies. All these tools are subject to a system of human rights and rule of law safeguards.
At the signing, DAAG Downing said, “The Budapest Convention is a truly remarkable international instrument. Its technology-neutral approach to cybercrime has created an enduring framework for cooperation that ensures law enforcement has the tools they need to respond to new criminal methods.” He noted that 66 countries are currently party to the Convention and more accede every year.
Today’s signing, which took place within the framework of an international conference on enhanced cooperation and disclosure of electronic evidence held in cooperation with the Italian Presidency of the COE Committee of Ministers, was the culmination of nearly four years of negotiation by the U.S. delegation, composed of U.S. Department of Justice and Department of State representatives.
The U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs is a leading donor to the Council of Europe Cybercrime Program, which provides crucial advice and technical assistance to help countries join and implement the Budapest Convention.
The United States remains committed to the Budapest Convention as the premier international legal instrument for fighting cybercrime. As DAAG Downing said today, “It is our collective vision that every country that is serious about fighting cybercrime and that provides for the protection of human rights should become party to the Budapest Convention. The Convention strikes the right balance between imposing obligations on nations to have robust laws and capabilities and providing the flexibility necessary for nations with different legal systems to join.”
Additional information about the Second Additional Protocol to the Budapest Convention may be found here.
Justice Department and EEOC Warn Against Disability DiscriminationRead the Press Release
The Department of Justice and the Equal Employment Opportunity Commission (EEOC) today each released a technical assistance document about disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions.
Employers increasingly use AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI. These tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA).
The Justice Department’s guidance document, Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring, provides a broad overview of rights and responsibilities in plain language, making it easily accessible to people without a legal or technical background. This document:
- Provides examples of the types of technological tools that employers are using;
- Clarifies that, when designing or choosing technological tools, employers must consider how their tools could impact different disabilities;
- Explains employers’ obligations under the ADA when using algorithmic decision-making tools, including when an employer must provide a reasonable accommodation; and
- Provides information for employees on what to do if they believe they have experienced discrimination.
The EEOC released a technical assistance document, The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees, focused on preventing discrimination against job seekers and employees with disabilities. Based on the ADA, regulations, and existing policy guidance, this document outlines issues that employers should consider to ensure that the use of software tools in employment does not disadvantage workers or applicants with disabilities in ways that violate the ADA. The document highlights promising practices to reduce the likelihood of disability discrimination. The EEOC technical assistance focuses on three primary concerns under the ADA:
- Employers should have a process in place to provide reasonable accommodations when using algorithmic decision-making tools;
- Without proper safeguards, workers with disabilities may be “screened out” from consideration in a job or promotion even if they can do the job with or without a reasonable accommodation; and
- If the use of AI or algorithms results in applicants or employees having to provide information about disabilities or medical conditions, it may result in prohibited disability-related inquiries or medical exams.
“Algorithmic tools should not stand as a barrier for people with disabilities seeking access to jobs,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This guidance will help the public understand how an employer’s use of such tools may violate the Americans with Disabilities Act, so that people with disabilities know their rights and employers can take action to avoid discrimination.”
“New technologies should not become new ways to discriminate. If employers are aware of the ways AI and other technologies can discriminate against persons with disabilities, they can take steps to prevent it,” said EEOC Chair Charlotte A. Burrows. “As a nation, we can come together to create workplaces where all employees are treated fairly. This new technical assistance document will help ensure that persons with disabilities are included in the employment opportunities of the future.”
The EEOC’s technical assistance document is part of its Artificial Intelligence and Algorithmic Fairness Initiative to ensure that the use of software, including artificial intelligence (AI), used in hiring and other employment decisions complies with the federal civil rights laws that the EEOC enforces. In addition to its technical assistance, the EEOC released a summary document providing tips for job applicants and employees.
For more information on the Justice Department’s Civil Rights Division and its disability work, please visit www.justice.gov/crt. For more information on the ADA, please call the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Individuals who believe they may have been victims of discrimination may file a complaint at https://civilrights.justice.gov/.
Readout of U.S. Attorney General Merrick B. Garland’s Meeting with Colombian Attorney General Francisco Barbosa DelgadoRead the Press Release
U.S. Attorney General Merrick B. Garland met yesterday in Washington, D.C. with Colombian Attorney General Francisco Barbosa Delgado. In the meeting, Attorney General Garland expressed his appreciation for the extraordinary law enforcement partnership between the United States and Colombia and thanked the Attorney General for his leadership during the first two years of his four-year term in office.
“The Department of Justice works every day to keep the American people safe. Fulfilling that obligation depends upon our cooperation with partners – both here at home and around the world,” said Attorney General Garland. “When it comes to law enforcement, Colombia is an indispensable partner to the United States. Over the past two years, Attorney General Francisco Barbosa Delgado and his office have been the cornerstone of our law enforcement efforts with Colombia. I hope that under his leadership our partnership will continue to grow even stronger in the years ahead.”
Both leaders committed to strengthening the close law enforcement relationship between the United States and Colombia, which has led to the successful investigation and prosecution of drug traffickers, transnational crime, human smuggling, money laundering, and malicious cyber activities, among others.
Attorney General Garland was joined by DEA Administrator Anne Milgram and Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division.
Attorney General Garland shaking hands with Colombian Attorney General Barbosa Delgado
Standing from left to right: DEA Administrator Milgram, Attorney General Garland, Attorney General Barbosa Delgado, Assistant Attorney General for the Criminal Division PoliteKinnear Woman Sentenced for False Statement of Sexual AssaultRead the Press Release
United States Attorney Bob Murray announced today that BENITA LOUISE SMITH, 56, of Kinnear, Wyoming was sentenced for making a false statement relating to a sexual assault investigation before United States District Judge Nancy D. Freudenthal. Smith was sentenced to time-served with two years of supervised release and a $100 special assessment fee.
On October 26, 2020, law enforcement responded to a call for service on the Wind River Reservation. At the scene, officers learned that Benita Smith had an active arrest warrant. Smith was arrested and transported to the Wind River Detention Center. After arriving at the facility, Smith falsely claimed she was sexually assaulted by the arresting officer during transport to the facility. Dash camera footage from inside the patrol car refuted Smith’s claims, and she retracted her allegation after a formal investigation was launched.
“Actual victims of sexual assault never really stop suffering. They suffer physical pain during and after the assault. They must become stronger every day because they suffer emotionally every day. And when they bravely stand up and speak the truth, they still face devastating attacks on their credibility,” said United States Attorney Bob Murray. “A false accusation of sexual abuse is a despicable criminal act. It is a silent thief that steals so much from actual victims. This office and our law enforcement partners will continue to work hard and do our part to ensure these crimes are punished.”
This crime was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Michael J. Elmore prosecuted the case.
Case No. 21-cr-00091-NDF
Justice Department Statement regarding Supreme Court SecurityRead the Press Release
The Justice Department today released the following statement from spokesman Anthony Coley:
“Attorney General Garland continues to be briefed on security matters related to the Supreme Court and Supreme Court Justices. The Attorney General directed the U.S. Marshals Service to help ensure the Justices’ safety by providing additional support to the Marshal of the Supreme Court and Supreme Court Police.”
Attorney General Merrick B. Garland Honors Nation’s Law Enforcement During National Police WeekRead the Press Release
In honor of National Police Week, Attorney General Merrick B. Garland recognizes the service and sacrifice of federal, state, local, territorial, and Tribal law enforcement. This year, the week is observed Wednesday, May 11 through Tuesday, May 17, 2022.
“This week, we gather to pay tribute to the law enforcement officers who sacrificed their lives in service to our country,” said Attorney General Garland. “We remember the courage with which they worked and lived. And we recommit ourselves to the mission to which they dedicated their lives. On behalf of a grateful Justice Department and a grateful nation, I extend my sincerest thanks and gratitude to the entire law enforcement community.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), over 67% of the law enforcement officers who died in the line of duty in 2021 succumbed to COVID-19.
Additionally, according to 2021 statistics reported by the FBI through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 73 law enforcement officers who died in the line of duty in 2021 were killed as a result of felonious acts, whereas 56 died in accidents. Deaths resulting from felonious acts increased in 2021, rising more than 58% from the previous year. In 2021, unprovoked attacks[1] were the cause of 24 deaths, significantly outpacing all other line of duty deaths resulting from felony acts and reaching the highest annual total in over 30 years of reporting. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.
The names of the 619 fallen officers added this year to the wall at the National Law Enforcement Officer Memorial will be read on Friday, May 13, 2022, during a Candlelight Vigil in Washington, D.C., starting at 8:00 p.m. ET. Those who wish to view the vigil live online can watch on the NLEOMF YouTube channel found at https://www.youtube.com/TheNLEOMF. The schedule of National Police Week events is available on NLEOMF’s website.
[1] An unprovoked attack is defined as an attack on an officer not prompted by official contact at the time of the incident between the officer and the offender. Source: Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program.
RV Salesman Sentenced to Prison for Tax EvasionRead the Press Release
A former Arkansas resident was sentenced today to 14 months in prison for evading his federal income taxes.
According to court documents and statements made in court, Joshua Wood, formerly of Alma, instructed his employer not to withhold income taxes from his paycheck and then did not file tax returns with the IRS from 2014 through 2016. During those years, Wood earned more than $378,000 selling recreational vehicles and automobiles. When questioned by IRS investigators, Wood falsely claimed to have been shot down and wounded on a Navy mission, causing him to suffer from post-traumatic stress disorder. He also falsely stated that a CPA had prepared tax returns on his behalf.
In addition to the term of imprisonment, U.S. District Judge P.K. Holmes III ordered Wood to serve three years of supervised release and to pay approximately $99,000 in restitution.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney David Clay Fowlkes for the Western District of Arkansas made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorneys Robert Kemins and Nicholas Schilling of the Justice Department’s Tax Division prosecuted the case.
Jamaican National Extradited in Connection with Fraudulent Lottery Scheme that Targeted Elderly Victims in United StatesRead the Press Release
A resident of Montego Bay, Jamaica, was extradited to the United States and made his initial appearance in Miami federal court on charges relating to his participation in a bogus lottery scheme that targeted elderly victims in the United States.
Greg Warren Clarke, 29, of Montego Bay, was charged in a six-count indictment with conspiracy, mail fraud, wire fraud and international money laundering. The indictment was filed in the U.S. District Court for the Southern District of Florida in April 2019 and was unsealed upon the defendant’s extradition to the United States.
According to the indictment, Clarke and his co-conspirators sought to unlawfully enrich themselves through a fraudulent lottery scheme targeting the elderly. Victims throughout the United States received mailings or phone calls in which they were falsely informed that they had won over $1 million dollars in a lottery and needed to pay fees to claim their winnings. The indictment alleges the victims were instructed on how, and to whom, to send their money, and that they were told to send their money through wire transfers, the U.S. Postal Service, and private commercial mail carriers to certain individuals, including Clarke’s cousin, Claude Anthony Shaw. The indictment further alleges that Clarke and Shaw discussed plans to receive victims’ money over the phone and via text messages, and that at Clarke’s direction, Shaw received money from victims and sent the funds to Clarke in Jamaica. The victims never received any lottery winnings. Shaw pleaded guilty in U.S. District Court for the Southern District of Florida in February 2017 for his role in the scheme and was sentenced to 36 months in prison.
“The Department of Justice’s Consumer Protection Branch is committed to pursuing criminals who defraud U.S. consumers from abroad and to vigorously prosecuting them in federal court after they are apprehended,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “In this case, the defendant targeted and exploited elderly Americans, and I thank the government of Jamaica for extraditing him to the United States to face charges.”
“The U.S. Postal Inspection Service stands ready to stop overseas criminals from illegally enriching themselves by using the mail to defraud consumers in the United States,” said Inspector in Charge Joseph Cronin of the U.S. Postal Inspection Service Miami Division. “We will continue to work with foreign governments to track down these criminals and bring them to justice.”
The case is being prosecuted by Senior Trial Attorney Arturo DeCastro of the Civil Division's Consumer Protection Branch. The U.S. Postal Inspection Service investigated the case. The Justice Department’s Office of International Affairs, the U.S. Attorney’s Office of the Southern District of Florida, and the Jamaica Constabulary Force’s Jamaica Fugitive Apprehension Team provided critical assistance.
The department’s extensive and broad-based efforts to combat elder fraud seek to halt the widespread losses seniors suffer from fraud schemes. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud, and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. ET. English, Spanish and other languages are available.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Owners of Tony Luke’s Philadelphia Cheesesteak Restaurant Plead Guilty to Tax ConspiracyRead the Press Release
Two owners of a popular South Philadelphia cheesesteak restaurant pleaded guilty today to conspiring to defraud the IRS.
According to court documents and statements made in court, Anthony Lucidonio Sr., 82, and his son, Nicholas Lucidonio, 55, both of New Jersey, owned and operated Tony Luke’s, a cheesesteak and sandwich restaurant located in South Philadelphia. In an indictment returned on July 24, 2020, both were charged with a 10-year conspiracy to defraud the IRS by concealing more than $8 million in business receipts from the IRS, providing incomplete information to their accountant and causing their accountant to file false tax returns with the IRS that understated business receipts and income as well by engaging in a payroll tax scheme.
As part of their plea, the Lucidonios admitted to conspiring to evade employment taxes by paying employees a portion of their salaries “off the books” in cash. Anthony and Nicholas also admitted they caused their accountant to prepare and file with the IRS fraudulent quarterly employment tax returns that understated the actual wages paid to their employees and the taxes due.
Anthony and Nicholas Lucidonio are scheduled to be sentenced at a later date, and both men face a maximum sentence of five years in prison for conspiring to defraud the United States. They also face a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jennifer Williams for the Eastern District of Pennsylvania made the announcement.
IRS-Criminal Investigation is investigating the case.
Assistant Chief John Kane of the Tax Division and Assistant U.S. Attorney Richard Barrett for the Eastern District of Pennsylvania are prosecuting the case.
Justice Department Secures Settlement with Consulting Agency to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Department of Justice today announced that it has reached a settlement agreement with Cloud Peritus Inc., a California IT consulting services company. The settlement resolves the department’s claims that Cloud Peritus discriminated against a non-U.S. citizen by requesting that he present additional and unnecessary documents to prove his permission to work because of his citizenship status.
“Once employees have presented valid, acceptable documentation to prove their permission to work, employers cannot ask for more documentation because of the employees’ citizenship, immigration status, or national origin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to ensuring all workers have the right to prove their permission to work free from unlawful discrimination.”
The department’s investigation determined that Cloud Peritus discriminated against a non-U.S. citizen by asking him for additional documentation to prove his permission to work, even though he had already provided sufficient documentation, based on his citizenship status. The investigation also revealed that the company’s discriminatory document request was partly caused by its misunderstanding of the software it used to verify employees’ permission to work, which the company believed required these documents from non-U.S. citizens.
The anti-discrimination provision of the Immigration and Nationality Act (INA) prohibits employers from asking for more or different documents than necessary to prove their permission to work in the United States because of a worker’s citizenship, immigration status or national origin. Employers should allow workers to present whatever valid documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine.
Under the settlement, Cloud Peritus will pay a civil penalty to the United States. The settlement also requires Cloud Peritus to train staff on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid citizenship status discrimination on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this release here.
Justice Department Announces $40 Million in Funding to Advance Community Policing and $5 Million in Funding for the Collaborative Reform InitiativeRead the Press Release
Today, the U.S. Department of Justice announced the availability of approximately $40 million in funding in Community Policing Development (CPD) grants and roughly $5 million for the Collaborative Reform Initiative. Attorney General Merrick B. Garland first announced the expansion of technical assistance services offered to law enforcement agencies through the Collaborative Reform Initiative in March 2022.
The Community Oriented Policing Services’ (COPS Office) CPD funds are used to help law enforcement implement community policing through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting creative approaches to preventing crime and promoting safe communities. The Collaborative Reform Initiative offers a range of intermediary and intensive forms of technical assistance, including targeted assistance following a critical incident, issue-specific reviews and analysis, and in-depth assessments on systemic issues that damage community trust and confidence. Each level of the initiative’s assistance is voluntary and provided at the request of law enforcement agencies.
“Nothing is more important than keeping our communities safe,” said Associate Attorney General Vanita Gupta. “Each day, approximately half a million people throughout the United States call 911 for help and there are hundreds of thousands more daily interactions between law enforcement and members of the communities they serve. The funding we are announcing today is critical to the department’s commitment to public safety and best practices in community policing.”
Highlights of the 2022 CPD funding include:
- Crisis Intervention Teams (CIT). Up to $10 million will support crisis intervention teams.
- De-escalation Training. Up to $15 million will support national level de-escalation training for officers through a network of regional centers.
- Accreditation. Up to $8 million to expand state accreditation programs and assist agencies with gaining accreditation will ensure compliance with state and national standards, covering all aspects of law enforcement policies, procedures and practices.
- COPS Microgrants. Up to $5 million will support local agencies’ demonstration or pilot projects, known as COPS Microgrants. These projects offer creative ideas to advance crime fighting, community engagement, problem solving or organizational changes to support community policing.
- Tolerance, Diversity and Anti-Bias Training. Up to $2 million will support the delivery of tolerance, diversity and anti-bias training for law enforcement officers.
The Collaborative Reform Initiative continuum includes:
- A continuation of the Collaborative Reform Initiative Technical Assistance Center (CRI-TAC). Established in 2017, CRI-TAC provides a wide range of targeted technical assistance services and involves a coalition of support and expertise from ten leading law enforcement stakeholder organizations. Through CRI-TAC’s “by the field, for the field” approach, the department facilitates customizable, short-term technical assistance on more than 60 topics. Last year, CRI-TAC worked with over 170 law enforcement agencies. The new initiative will maintain CRI-TAC as its first level of support.
- An updated Critical Response. A law enforcement agency experiencing a high-profile event or other special circumstance will be able to reach out to the COPS Office for needed technical assistance. Like CRI-TAC, this program is also customizable and provides flexible assistance to law enforcement agencies in a variety of ways. Once an agency connects with the Department of Justice, tools will be in place to offer support ranging from after-action reviews, to peer-to-peer exchanges, to data analysis and recommendations, to facilitating discussions with experts. The initiative will maintain the Critical Response program as its second level of support.
- An updated Organizational Assessments. This program will offer the most intensive form of support, involving in-depth assessments on systemic issues. Under the new initiative, areas for reform will be addressed with timely, ongoing and actionable guidance. Participating agencies will be provided with the technical assistance they need to accomplish reforms as they are identified. This program is a voluntary opportunity for an agency that knows it needs to make changes and wants to make changes. The department will prioritize offering this third level of support to agencies that have a clear desire to engage with the model and advance community policing.
The CPD solicitation will close on June 23, 2022, and the Collaborative Reform solicitation will close on July 8, 2022. Additional information can be found on the COPS website at https://cops.usdoj.gov/grants.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to agency for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers.
El Departamento de Justicia llega a un acuerdo con una agencia de consultoría que resuelve unas acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Cloud Peritus, Inc., una compañía de servicios de consultoría en el ámbito de la informática radicada en California. La conciliación resuelve las acusaciones del Departamento de que Cloud Peritus había discriminado a un no ciudadano de los EE. UU. al pedir que presentara documentos adicionales e innecesarios para demostrar su permiso para trabajar, debido a su estatus de ciudadanía.
«Una vez que un empleado haya presentado documentación válida y aceptable para demostrar su permiso para trabajar, el empleador no puede pedir documentos adicionales simplemente por motivos de la ciudadanía, estatus migratorio o nacionalidad de origen del empleado», afirmó la Fiscal Federal Auxiliar Kristen Clarke, de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles se ha comprometido a garantizar que todo trabajador tenga el derecho a demostrar su permiso para trabajar libre de la discriminación ilícita».
La investigación del Departamento determinó que Cloud Peritus discriminó a un no ciudadano de los EE. UU. al pedir que presentara documentos adicionales para demostrar su permiso para trabajar, a pesar de haber ya presentado suficiente documentación, por motivos de su estatus de ciudadanía. Por otra parte, la investigación reveló que la solicitud documental discriminatoria de la compañía fue el resultado, en parte, de su falta de entendimiento del software que usaba para verificar el permiso para trabajar de sus empleados y la compañía creía que el sistema requería esos documentos de no ciudadanos.
La disposición antidiscriminatoria de la ley de Ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores pidan documentos adicionales o diferentes a los necesarios para demostrar el permiso para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. Los empleadores deben permitir que sus trabajadores presenten cualquier documentación válida que dichos trabajadores quieran y no pueden rechazar documentación válida que parece ser genuina.
Conforme al acuerdo, Cloud Peritus pagará una sanción civil a los Estados Unidos. Asimismo, el acuerdo requiere que Cloud Peritus capacite a sus empleados en cuanto a los requisitos de la disposición antidiscriminatoria de la INA y que se someta a los requisitos de supervisión y declaración del Departamento.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas y represalias e intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aprenda más sobre cómo los empleadores pueden evitar la discriminación por motivos de estatus de ciudadanía en el sitio web de la IER. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
United States Settles Suit Against VoIP Service Providers for Facilitating Millions of Illegal Telemarketing Calls about COVID-19Read the Press Release
Voice over Internet Protocol (VoIP) service providers, VoIP Terminator Inc. and BLMarketing Inc., and their owner, Muhammed Usman Khan, agreed to a court order resolving Federal Trade Commission (FTC) allegations that they facilitated tens of millions of illegal telemarketing calls, including some calls to numbers listed on the “Do Not Call” Registry and robocalls that displayed “spoofed” or fake caller ID numbers. This stipulated order resolves a lawsuit the United States filed in federal district court in the Middle District of Florida.
The government’s complaint alleges that Florida-based VoIP Terminator, Virginia-based BLMarketing and Pakistan resident and citizen Khan violated the FTC Act and the FTC’s Telemarketing Sales Rule (TSR). The defendants violated the TSR by assisting and facilitating the transmission of illegal calls for their customers, continuing to do so even after learning that their services were being used to initiate calls to numbers on the Do Not Call Registry and to place spoofed robocalls. The complaint alleges that the illegal calls transmitted by defendants included recorded messages about air duct cleaning services that purportedly filtered out COVID-19, preying on consumers’ fears of the virus, as well as messages involving credit card interest rate reduction and tech support scams.
The stipulated order bars the defendants from similar misconduct in the future, requires them to screen and monitor customers, terminate customers if they are engaged in improper telemarketing activity and imposes a $3.2 million civil penalty, payment of which is suspended due to defendants’ inability to pay. This is the FTC’s third case against VoIP services providers.
The FTC referred this case and the proposed stipulated order to the Department of Justice. The case was handled by attorneys in the Civil Division’s Consumer Protection Branch, including Trial Attorneys Ellen Bowden McIntyre and Zachary Dietert and Assistant Director Lisa Hsiao, in conjunction with attorneys at the FTC’s Bureau of Consumer Protection/Division of Marketing Practices.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. Run out of the Office of the Deputy Attorney General, the Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866 720 5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form
Justice Department Participates in the 21st Annual International Competition Network Conference in Berlin, GermanyRead the Press Release
Assistant Attorney General Jonathan Kanter of the Antitrust Division led the Department of Justice’s delegation at the International Competition Network’s (ICN) 21st annual conference, hosted by the German Bundeskartellamt in Berlin, Germany, on May 4-6. Delegates from the ICN’s member jurisdictions included agency leadership and staff, competition experts from international organizations and the legal, business, academic and consumer communities. Over 80 jurisdictions participated in the conference. Assistant Attorney General Kanter delivered a keynote address on criminal enforcement policy and cooperation with law enforcement partners.
“The pandemic compelled us to find creative ways to maintain and deepen our international cooperation efforts,” said Assistant Attorney General Kanter. “Nevertheless, it is wonderful to engage again in-person with our ICN counterparts, especially to discuss the pressing competition issues we currently face.”
The conference showcased the achievements of the ICN’s Advocacy, Agency Effectiveness, Cartel, Merger and Unilateral Conduct Working Groups and examined a range of competition enforcement and policy issues. A main theme of the conference focused on planning for the third decade of the network. The continuing impact of the COVID-19 pandemic and digital markets on competition law also featured prominently.
During his keynote, Assistant Attorney General Kanter discussed the division’s updates to its leniency policy, expanding its litigation capabilities and cooperating with our enforcement partners. Deputy Assistant Attorney General Richard Powers discussed cartel enforcement in the next decade with a focus on priorities and trends beyond the COVID-19 pandemic. The Cartel Working group breakout sessions focused on bid rigging in public procurement, international cooperation in cross-border cartels and leniency.
The Merger Working Group’s plenary focused on challenges in merger control. Patty Brink, Senior Counsel for International and Intergovernmental Engagement, participated in a breakout session discussing killer acquisitions and reverse killer acquisitions. An additional Merger Working Group breakout session focused on economic tools to assist competition agencies analyze large volumes of data. The Merger Working Group also began reviewing the ICN Recommended Practices Chapter on entry and expansion.
Lynda Marshall, Chief of the International Section, also participated in a breakout session discussing the ICN Framework on Competition Agency Procedures (CAP). Introduced in 2019, the CAP provides a non-binding, opt-in framework that promotes agreement between competition agencies on procedural norms in competition law enforcement. There are currently 73 CAP participants.
The Advocacy Working Group’s plenary focused on enabling effective international enforcement through competition advocacy. Advocacy Working Group breakout sessions focused on the interplay between regulators and competition agencies, advocating competition principles for the provision of digital services and gender-inclusive competition policy.
The Agency Effectiveness Working Group’s plenary focused on how the COVID-19 pandemic changed competition agencies’ investigative process. Agency Effectiveness Working Group breakout sessions focused on tools competition agencies use to better understand markets affected by the pandemic, strategic planning and the digital transformation of competition agencies.
The Unilateral Conduct Working Group’s plenary focused on regulatory and competition law tools in digital markets. Unilateral Conduct Working Group breakout sessions focused on procedural tools, theories of harm in digital markets, and remedies.
The ICN was created in October 2001 to increase understanding of competition policy and promote convergence toward sound antitrust enforcement around the world. It was founded by 15 agencies, including the Antitrust Division, has grown to 140 agencies from 130 jurisdictions, supported by a wide network of non-governmental advisors from around the world.