District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Justice Department Launches Statewide Disability Rights Investigation into South Carolina’s Use of Adult Care HomesRead the Press Release
The U.S. Department of Justice’s Civil Rights Division announced today that it has opened an investigation under the Americans with Disabilities Act (ADA) into whether the State of South Carolina subjects adults with mental illness to unnecessary institutionalization and risk of institutionalization, in adult care homes. The investigation will examine whether South Carolina needlessly segregates individuals with mental illness in adult care homes, known in the State as community residential care facilities, by failing to provide integrated community-based mental health services.
Prior to the announcement, the department informed South Carolina’s Governor’s Office and the South Carolina Attorney General’s Office of the initiation of the investigation.
“People with disabilities have too often been unlawfully isolated in institutions, including state psychiatric hospitals and adult care homes,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to defend the rights of individuals with mental illness to access the community-based services they need and to participate fully in community living.”
The department has not reached any conclusions regarding the subject matter under investigation. Individuals with relevant information are encouraged to contact the department via email at [email protected] or through the Civil Rights Division’s Civil Rights Portal, available at https://civilrights.justice.gov/.
Additional information about the Civil Rights Division’s Olmstead enforcement is available on its website at https://www.ada.gov/olmstead/.
Amtrak Pays over $2 Million to Individuals in Disability SettlementRead the Press Release
The Department of Justice today announced that Amtrak paid over $2 million to more than 1,500 individuals who experienced disability discrimination while traveling or attempting to travel by train. The payments were part of a comprehensive settlement agreement reached on Dec. 2, 2020, to resolve the United States’ determination that Amtrak failed for over a decade to make existing stations in its intercity rail transportation system accessible to people with disabilities, including those who use wheelchairs, as required by the Americans with Disabilities Act (ADA). The payments follow a year-long process to identify victims of that discrimination.
“As a result of the Justice Department’s efforts, more than 1,500 people with disabilities harmed by Amtrak’s inaccessible rail stations are receiving compensation for the discrimination they experienced,” said Assistant Attorney Kristen Clarke of the Justice Department’s Civil Rights Division. “These payments, as well as Amtrak’s ongoing efforts to make rail stations accessible pursuant to our settlement agreement, bring both Amtrak and our nation one step closer to realizing the ADA’s promise of equal opportunity for people with disabilities.”
The December 2020 agreement requires Amtrak to make its intercity rail system accessible, prioritizing stations with the most significant barriers to access. In the next nine years, Amtrak is required to complete designs to make at least 135 of its existing stations accessible, complete construction at 90 of those stations, and begin construction at 45 more. Amtrak will also train staff on ADA requirements and implement an improved process for accepting and handling ADA complaints. Amtrak recently established an Office of the Vice President of Stations, Properties & Accessibility to coordinate its compliance with the ADA.
This action was brought by the Disability Rights Section of the Justice Department’s Civil Rights Division. To read the settlement agreement and complaint, please click here. For individual questions about the compensation fund, please contact the Fund Administrator at www.AmtrakDisabilitySettlement.com. For more information about the ADA, call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or access the ADA website at www.ada.gov.
Princess Cruise Lines Pleads Guilty to Second Revocation of ProbationRead the Press Release
Princess Cruise Lines Ltd. (Princess) has pleaded guilty to a second violation of probation imposed as a result of its 2017 criminal conviction for environmental crimes because it failed to establish and maintain an independent internal investigative office. Under the terms of a plea agreement, Princess was ordered to pay an additional $1 million criminal fine and required to undertake remedial measures to ensure that it and its parent Carnival Cruise Lines & plc establish and maintain the independent internal investigative office known as the Incident Analysis Group (IAG).
Princess was convicted and sentenced in April 2017 and fined $40 million after pleading guilty to felony charges stemming from its deliberate dumping of oil-contaminated waste from one of its vessels and intentional acts to cover it up. This was and remains the largest-ever criminal fine for intentional pollution from ships. While serving five years of probation, all Carnival-related cruise line vessels trading in U.S. ports were required to comply with a court approved and supervised environmental compliance plan (ECP), including audits by an outside and independent third-party auditor (TPA) and oversight by a Court Appointed Monitor (CAM).
In 2019, Princess was convicted of six violations of probation, fined an additional $20 million, and required to undertake more remedial measures. In that case, two of the violations involved interfering with the court’s supervision of probation by sending undisclosed teams to ships to prepare them for the independent inspections required during probation. Documents filed in court showed that one purpose of the vessel visit programs was to avoid adverse findings by the independent outside auditors working on behalf of the court.
Beginning with the first year of probation, there have been repeated findings that the Company’s internal investigation program was and is inadequate. In November 2021, the Office of Probation issued a petition to revoke probation after adverse findings by the CAM and TPA.
In an October 2021 letter to U.S. District Court Judge Patricia A. Seitz, the CAM and TPA concluded that the continuing failure “reflects a deeper barrier: a culture that seeks to minimize or avoid information that is negative, uncomfortable, or threatening to the company, including to top leadership (i.e., the Board of Directors, C-Suite executives and Brand Presidents/CEOs).”
A joint factual basis for today’s guilty plea was submitted to the court in which Princess and Carnival admitted to the failure to establish and maintain an independent investigative office. Princess admitted that internal investigators had not been allowed to determine the scope of their investigations, and that draft internal investigations had been impacted and delayed by management.
Changes required under a plea agreement with the Department of Justice resolving the probation violation include:
- Carnival must restructure so that its investigative office reports directly to a committee of Carnival’s Board of Directors;
- Carnival’s internal investigative office must be given the authority to initiate investigations on its own and to determine their scope;
- Carnival’s management will be restricted in its ability to remove the head of the “Incident Analysis Group” that performs internal investigations;
- Carnival must conduct an assessment to ensure independent investigators have sufficient resources;
- Carnival must assess the effectiveness of required changes and correct deficiencies.
- Failure to meet deadlines in the plea agreement will initially subject the defendant to fines of $100,000 per day, and $500,000 per day after 10 days.
“This case shows the importance of addressing issues of corporate culture and structure, and the root causes of environmental non-compliance,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This was a serious and ongoing violation of probation that reflected Carnival’s failure to prioritize compliance with court orders. I thank the court, the Office of Probation, court appointed monitor and third-party auditor for the close attention that they have devoted to this important matter.”
“Just like individual defendants, corporate defendants must also comply with court orders. They are not above the law”, said U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “The corporate defendant here ignored the court, choosing instead to thwart the compliance plan that was put in place to protect our environment. As this probation violation proceeding demonstrates, the government will not tolerate defendant’s blatant violation of court orders.”
The plea agreement and factual statement were signed by Micky Arison, Chairman of Carnival’s Board of Directors and Arnold Donald, the Chief Executive Officer and a member of the Board of Directors. Both attended the hearing as they have quarterly status hearings pursuant to court order.
The case is being prosecuted by Richard A. Udell, Senior Litigation Counsel with the Environmental Crimes Section of the Department of Justice and Assistant U.S. Attorney Thomas Watts-FitzGerald, Environmental Crimes Coordinator, Economic & Environmental Crimes Section, for the Southern District of Florida.
Justice Department Settles with Frozen Food Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Department of Justice today announced that it has reached a settlement agreement with Buddy’s Kitchen Inc., a Minnesota-based company that produces and distributes frozen foods. The settlement resolves claims that the company discriminated against non-U.S. citizens based on their citizenship status when checking their permission to work in the United States.
“Under federal law, employers may not discriminate by asking workers for specific documents to prove their permission to work based on the workers’ citizenship, immigration status or national origin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Employers must allow all employees — U.S. citizens and non-U.S. citizens alike — to provide any valid, acceptable document of their choice to prove their permission to work. The Civil Rights Division will continue to investigate and take action to stop unlawful discrimination on the basis of citizenship, immigration status and national origin. We look forward to working with Buddy’s Kitchen to secure compliance with this settlement.”
The department initiated the investigation to determine whether the company was violating the Immigration and Nationality Act’s (INA) anti-discrimination provision. The department’s investigation revealed that the company routinely discriminated by asking non-U.S. citizens, primarily lawful permanent residents, to present specific, Department of Homeland Security-issued documents to prove their permission to work in the United States, while making no such request of U.S. citizens. All employees have the right to choose the valid documentation they wish to present when demonstrating that they have permission to work in the United States.
The INA’s anti-discrimination provision prohibits employers from asking for unnecessary documents — or specifying the type of documentation a worker should present — to prove their permission to work, because of a worker’s citizenship, immigration status or national origin.
Under the settlement, Buddy’s Kitchen will pay $40,000 in civil penalties, change their employment policies to comply with the anti-discrimination provision of the INA, and train its employees who are responsible for verifying workers’ permission to work in the United States.
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.
Founder of Nationwide Tax Return Preparation Company Sentenced to Prison for Fraud and Tax CrimesRead the Press Release
An Ohio man was sentenced today to one year and one day in prison for conspiring with others to commit fraud in connection with the operation of a national tax return preparation company he owned and managed, as well as tax crimes.
According to court documents and evidence presented at trial, Fessum Ogbazion, of Cincinnati, collected millions of dollars in fees while fraudulently inducing customers to visit ITS Financial LLC, the national franchisor of Instant Tax Service (ITS), a tax preparation business he created in 2004. The ITS advertisements offered tax refund anticipation loans through an independent third-party lender, despite the fact that ITS had no such lender to fund the promised loans. Ogbazion used the false advertising campaigns to entice customers to visit ITS locations for a loan, then used the loan applications to prepare and file income tax returns, often without the customer’s authorization. Between 2006 and 2011, ITS collected more than $70 million in fees.
Ogbazion also failed to pay approximately $1.3 million in payroll taxes due from ITS and another business during four tax quarters in 2009 and 2010. Ogbazion evaded IRS attempts to collect its unpaid payroll taxes by directing business revenue to nominee accounts, placing assets in the names of nominee entities, and making false statements to an IRS revenue officer who attempted to collect ITS’s tax debt.
Ogbazion was convicted by a federal jury on June 6, 2017, of tax evasion, willful failure to withhold and pay over employment taxes, wire fraud, conspiracy to commit wire fraud, and bank fraud. After the trial, the court dismissed five counts of wire fraud but left intact the conviction for conspiracy to commit wire fraud and other counts of conviction.
In addition to the term of imprisonment, U.S. District Judge Timothy S. Black ordered Ogbazion to serve three years of supervised release and to pay approximately $933,708 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation investigated the case.
Senior Litigation Counsel Corey Smith and Trial Attorney Mark McDonald of the Justice Department’s Tax Division and Paralegal Specialist Laura Strubbe of the U.S. Attorney’s Office for the Southern District of Ohio prosecuted the case.
Three Amazon Marketplace Sellers Plead Guilty to Price Fixing DVDs and Blu-Ray Discs in Ongoing InvestigationRead the Press Release
A New Jersey man and two New York men pleaded guilty yesterday to fixing the prices of DVDs and Blu-Ray Discs sold on the Amazon Marketplace.
According to court documents filed in Knoxville, Tennessee, Morris Sutton, Emmanuel Hourizadeh and Raymond Nouvahian were charged with conspiring with others to fix prices of DVDs and Blu-Ray Discs sold through the Amazon Marketplace. The price-fixing conspiracy each engaged in was ongoing from at least as early as November 2017 and continued until at least Oct. 29, 2019. Sutton, Hourizadeh and Nouvahian are the second, third and fourth individuals to be charged and to plead guilty in the ongoing investigation.
“As American consumers increasingly turn to e-commerce, it is critically important to deter, detect and prosecute crimes that prevent fair and open competition in online marketplaces,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “These charges demonstrate the Antitrust Division’s continued commitment to prosecuting anticompetitive conduct wherever it may occur.”
According to a one-count information charging Sutton, and another one-count information charging Hourizadeh and Nouvahian, each of the charged individuals and his co-conspirators agreed to raise and maintain the prices of DVDs and Blu-Ray Discs sold in their Amazon Marketplace storefronts. The Amazon Marketplace is an e-commerce platform that enables third-party vendors to sell new or used products alongside Amazon’s own offerings. The Amazon Marketplace is owned and operated by Amazon.com Inc.
“Price-fixing schemes chip away at the benefits afforded to us by a fair market system,” said Assistant Director in Charge Michael J. Driscoll of the FBI’s New York Field Office. “Artificially inflating prices to avoid giving consumers a choice, for the sole purpose of benefitting those involved in the fraudulent scheme, is a violation of federal law. These guilty pleas should serve as a warning to other like-minded criminals.”
“We are gratified to have contributed to this investigation and applaud the exceptional work by the investigative team for both protecting the individual consumer and the deterrence of activities in violation of the Sherman Act,” said Special Agent in Charge Ken Cleevely of the U.S. Postal Service, Office of Inspector General (USPS OIG). “Along with our law enforcement partners, the USPS OIG will continue to aggressively investigate those who would engage in this type of harmful conduct.”
A criminal violation of the Sherman Act carries a maximum sentence of 10 years in prison and a $1 million criminal fine for individuals. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Antitrust Division’s Chicago Office is prosecuting the case, which was investigated with the assistance of the FBI’s New York Field Office and USPS OIG’s Contract Fraud Investigations Division.
Anyone with information concerning price fixing or other anticompetitive conduct related to the sale of DVDs, Blu-Ray Discs, or other products sold through Amazon Marketplace should contact the Antitrust Division’s Chicago Office at 312-984-7200, Antitrust Division’s Citizen Complaint Center at 888-647-3258 or www.justice.gov/atr/contact/newcase.html, or FBI’s New York Field Office at 212-384-1000.
New Orleans City Judge Indicted for Filing False ReturnsRead the Press Release
A federal grand jury in New Orleans returned an indictment today charging a city court judge with filing false tax returns.
According to the indictment, from 2013 to 2016 Ernestine Anderson-Trahan, a judge of the Second City Court in the Parish of Orleans, Louisiana, allegedly officiated hundreds of marriage ceremonies each year but did not report on her federal tax returns the entire income earned from presiding over those ceremonies. Trahan allegedly earned between $80 and $100, paid to her in cash, for each marriage she officiated at the courthouse. She allegedly charged higher officiant fees for marriages conducted outside normal business hours, outside the courthouse, or on Valentine’s Day. Trahan allegedly did not report all of these officiant fees on her 2013 through 2016 federal tax returns. On her 2013 and 2014 tax returns, Trahan also allegedly did not report the income she received in those tax years for providing outside legal work before becoming a judge.
Trahan is scheduled to make her initial court appearance on Jan. 24 before U.S. Magistrate Judge Janis van Meerveld of the U.S. District Court for the Eastern District of Louisiana. If convicted, she faces a maximum penalty of three years in prison for each of the four counts of filing a false tax return. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Duane A. Evans for the Eastern District of Louisiana made the announcement.
IRS-Criminal Investigation and the FBI are investigating the case.
Trial Attorneys Brian Flanagan and William Montague of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Settles with Texas Recycling Company to Prevent the Release of Ozone Depleting Refrigerants, Which Contribute to Climate ChangeRead the Press Release
Today, the Justice Department and the Environmental Protection Agency (EPA) announced a settlement with Derichebourg Recycling USA Inc. (Derichebourg) of Houston to resolve Clean Air Act violations at 10 scrap metal recycling facilities in Texas and Oklahoma.
The federal complaint filed simultaneously with the consent decree alleges that Derichebourg failed to recover refrigerant from appliances and motor vehicle air conditioners before disposal or verify with the supplier that the refrigerant had been properly recovered prior to delivery. Under the settlement, Derichebourg will prevent the release of ozone-depleting refrigerants and non-exempt substitutes from refrigerant-containing items during their processing and disposal processes. Derichebourg will also pay a civil penalty of $442,500.
“To continue protecting stratospheric ozone, we need companies like Derichebourg to comply with the Clean Air Act when recycling appliances and motor vehicles containing harmful refrigerants,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“Refrigerants that are not captured properly can be damaging to the earth’s ozone layer and are known to increase greenhouse gases which leads to climate change,” said Acting Assistant Administrator Larry Starfield for the EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement is a win for the communities surrounding Derichebourg’s facilities, and the environment.”
The settlement also requires Derichebourg to implement a Refrigerant Recovery Management Program at its 10 U.S. facilities; provide notice to its suppliers that all refrigerants, if not being recovered by Derichebourg, must be recovered properly from appliances and motor vehicle air conditioners; reject any appliance or vehicle where there is evidence of unlawful refrigerant venting; and provide an educational handout to its customers on compliant handling of refrigerant-containing items. Derichebourg must also complete an environmental mitigation project that involves ensuring the destruction of all R-12 refrigerant that Derichebourg collects at its ten facilities for the duration of the consent decree. R-12 is one of the most destructive ozone depleting substances and has a global warming potential greater than 10,000 times the power of carbon dioxide.
The consent decree, lodged in the U.S. District Court for the Southern District of Texas, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at https://www.justice.gov/enrd/consent-decrees.
Chinese National Pleads Guilty to Economic EspionageRead the Press Release
ST. LOUIS – On January 6, 2022, Haitao Xiang, a citizen of the People’s Republic of China, pleaded guilty in front of District Court Judge Henry Autrey to conspiracy to commit economic espionage in violation of 18 U.S.C. Sec. 1831(a)(5). Xiang conspired to steal a trade secret from an internationally based company doing business in St. Louis, Missouri for the purpose of benefitting a foreign government, that being the People’s Republic of China.
“Mr. Xiang used his insider status at a major international company to steal valuable trade secrets for use in his native China,” said United States Attorney Sayler Fleming. “We cannot allow U.S. citizens or foreign nationals to hand sensitive business information over to competitors in other countries, and we will continue our vigorous criminal enforcement of economic espionage and trade secret laws. These crimes present a danger to the U.S. economy and jeopardize our nation’s leadership in innovation and our national security.”
“When economic espionage is done at the behest of a foreign government, the loss of proprietary trade secrets destroys more than just the victim company. A foreign government can exploit and scale the information in such a way that it robs U.S. companies of their market share and competitive advantage,” said Acting Special Agent in Charge Spencer Evans of the FBI St. Louis Division. “The FBI aggressively investigates theft of trade secret and economic espionage. If your organization is a victim or has questions about how to prevent such crimes, please contact FBI St. Louis at 314-589-2500.”
Xiang faces a maximum term of incarceration of 15 years, a potential fine of $5,000,000 and a term of supervised release of not more than three years. Sentencing is set for April 7, 2022.
The case was investigated by the Federal Bureau of Investigation and Department of Homeland Security Customs and Border Protection and prosecuted by the United States Attorney’s Office for the Eastern District of Missouri, the Counterintelligence and Export Control Section of the National Security Division of the Department of Justice and the Computer Crimes and Intellectual Property Section of the Department of Justice.
Readout from Attorney General Merrick B. Garland’s Meeting on the One Year Anniversary of the January 6th Attack on the CapitolRead the Press Release
This morning, Attorney General Merrick B. Garland met with many of the Department of Justice employees who are assigned to the January 6th investigation.
Along with Deputy Attorney General Lisa O. Monaco and FBI Director Christopher A. Wray, the Attorney General thanked agents, analysts, task force officers, prosecutors and professional staff from the FBI’s Washington Field Office, the U.S. Attorney’s Office for the District of Columbia and additional offices around the country for their tireless work this past year to hold accountable those who attacked the Capitol one year ago today.
Building on his remarks from yesterday, the Attorney General commended their incredible commitment to this investigation, which has resulted in more than 725 arrests in nearly all 50 states. The Attorney General, Deputy Attorney General and FBI Director also recognized the challenges of conducting this investigation during the COVID-19 pandemic and that the work on this case is far from done. They encouraged the team to remain dedicated and, as the Attorney General said yesterday, to follow the facts wherever they lead.
RV Salesman Pleads Guilty to Tax EvasionRead the Press Release
A former Arkansas resident pleaded guilty today to tax evasion and admitted he lied to IRS special agents.
According to court documents, Joshua Wood, previously of Alma, Arkansas, instructed his employer not to withhold income taxes from his paycheck and then did not file tax returns from 2014 through 2016. During those years, Wood earned more than $378,000 selling recreational vehicles (RVs) and automobiles. When questioned by IRS special agents, 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, when in fact the CPA had never prepared Wood’s taxes.
Wood is scheduled to be sentenced at a later date. He faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
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 is investigating the case.
Trial Attorneys Robert Kemins and Nicholas Schilling of the Justice Department’s Tax Division are prosecuting the case.
North Carolina Man Pleads Guilty to Promoting Nationwide Tax Fraud SchemeRead the Press Release
A North Carolina man pleaded guilty yesterday to conspiring to defraud the United States by promoting a nationwide tax fraud scheme and assisting in the preparation and filing of false tax returns for the scheme’s participants.
According to court documents, Mehef Bey, also known as Arthur Daniels, of Charlotte, promoted a scheme that involved recruiting clients and preparing false tax returns on their behalf by convincing them that their mortgages and other debts entitled them to tax refunds. Between 2014 and 2016, Bey and his co-conspirators held seminars across the country to publicize the scheme. As part of the scheme, Bey and his co-conspirators helped prepare and file tax returns for the participants, which collectively sought more than $64 million in refunds from the IRS. These tax returns falsely claimed that banks and other financial institutions had withheld large amounts of income tax from the participants, thereby entitling the clients to a refund. In reality, the financial institutions had not paid any income to or withheld any taxes from these individuals. To make the refund claims appear legitimate, however, Bey and his co-conspirators filed tax documents with the IRS that matched the withholding information listed on the tax returns, making it seem as if they had been issued by the banks.
As part of his plea, Bey admitted he and his co-conspirators charged their clients approximately $10,000 to $15,000 in preparation fees for each tax return. Although Bey personally received more than $1 million for his role in the scheme, he did not file tax returns for the years 2015 and 2016 to report this income. For 2014, Bey filed a false income tax return on which he claimed a tax refund that he was not entitled to receive. On this return, he also did not report his income from promoting the scheme.
Bey also admitted he and his co-conspirators concealed their roles in the scheme by, among other things, indicating the false tax returns had been “self-prepared” and coaching the participants how to conceal the scheme from the IRS.
Bey’s sentencing will be scheduled for a later date. He faces a maximum penalty of five years in prison for conspiring to defraud the United States and three years in prison for each of the two counts of aiding and assisting in the preparation and filing of a false tax return. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Three of Bey’s co-conspirators – Iran Backstrom, Aaron Aqueron and Yomarie Febres – pleaded guilty last month for their roles in the same scheme.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Melissa S. Siskind, Kavitha Bondada, and Isaiah Boyd III of the Justice Department’s Tax Division and Assistant U.S. Attorney Chauncey A. Bratt of the U.S. Attorney’s Office for the Middle District of Florida are prosecuting the case.
Justice Department Secures Agreement with Hospital to Ensure Effective Communication with Deaf Patients and CompanionsRead the Press Release
Today the Justice Department reached an agreement under the Americans with Disabilities Act (ADA) with Adventist Health System Georgia Inc., d.b.a. AdventHealth-Gordon (Advent), a hospital in Calhoun, Georgia.
The settlement resolves a complaint by a deaf patient who alleged that despite her requests for an American Sign Language (ASL) interpreter for her labor and delivery, Advent failed to provide an interpreter or any other communication aid or service. Instead, the patient alleged that she was forced to rely on lip reading and on her deaf companion, who tried to advocate for her even though she too had difficulty trying to understand and communicate with hospital staff. Because of Advent’s failure to provide an interpreter or other means of effective communication, the patient and companion were not able to get important information about a complication during the delivery, which created fear and confusion for both. Advent cooperated fully with the department’s investigation of this matter, which substantiated the allegations in the complaint.
“No patient should be denied the ability to communicate effectively with their nurse or doctor, especially when giving birth to a child,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This settlement reflects the Justice Department’s commitment to ensuring that people who are deaf and hard of hearing are not excluded from participating in their own health care due to a lack of communication aids or services.”
Under the terms of the agreement, Advent will advise patients and companions of their right to auxiliary aids and services to ensure effective communication, including a live qualified sign language interpreter, whether through video or on-site. The hospital will provide, at all reception areas, prompt communication via text, pen and paper, and the use of a handheld device to connect with a qualified interpreter. Advent will continue to assess communication needs and provide effective communication throughout the hospital visit. The hospital will modify its policies and practices, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the agreement. In addition, Advent will pay $50,000 to the patient and $10,000 to the companion, who were both harmed by Advent’s actions.
This case was handled by the department’s Civil Rights Division. The department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities.
For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.
U.S. Marshals Arrest More Than 6,000 Murder Suspects in 2021, over 84,000 Fugitives ApprehendedRead the Press Release
The U.S. Marshals Service (USMS) arrested 84,247 fugitives (27,399 on federal and 56,848 on state and local warrants) in Fiscal Year 2021. On average, the agency arrested 337 fugitives per day (based on 250 operational days).
That number breaks down as follows:
- Sex offenders - 10,510 (Sex offenses include sexual assault, failure to register/noncompliance with the national sex offender registry and other offenses.)
- Gang members - 6,240
- Homicide suspects - 6,119
- International/foreign fugitives - 1,239 (A foreign fugitive is wanted by a foreign nation and believed to be in the United States.)
- Organized Crime Drug Enforcement Task Forces Program (OCDETF) fugitives - 1,002 (OCDETF cases combine the resources and expertise of numerous federal agencies to target drug trafficking and money laundering organizations.)
- Adam Walsh Act violations – 278 (The Adam Walsh Child Protection and Safety Act (AWA) categorized sex offenders into a three-tiered system based on the crime committed and requires offenders to maintain their registration information accordingly. For example, Tier 3 offenders – the most serious – must update their whereabouts every three months with lifetime registration requirements.)
- “15 Most Wanted” fugitives – 1
Additionally, the USMS seized 7,028 guns during numerous violence reduction and counter gang operations in FY21.
“The outstanding work this year by the U.S. Marshals Service exemplifies that the Department of Justice has no higher priority than keeping our communities safe,” said Deputy Attorney General Lisa O. Monaco. “At a time of unprecedented challenges posed by a global pandemic, the U.S. Marshals continue to deliver on their mission, tracking down and arresting more than 84,000 fugitives. The Department of Justice, through our law enforcement components like the U.S. Marshals Service, will continue to prioritize our efforts to reduce violent crime and keep our neighborhoods safe.”
“I want to thank the men and women of the U.S. Marshals Service for their continued commitment and dedication to public safety,” said Director Ronald Davis of the U.S. Marshals Service. “Their steadfast courage and selfless service in bringing fugitives to justice and in protecting our judicial process help to make all of our communities safer and is critical in preserving our democracy.”
Total warrants cleared by USMS arrests: 99,607
- State and local warrants - 64,565
- Federal warrants - 35,042
The number of warrants cleared nearly always exceeds the number of arrests in a given year because fugitives are often wanted on numerous warrants, and a single arrest can clear them all at once.
The USMS has a long history of providing assistance and expertise to other federal, state and local law enforcement agencies in support of their fugitive investigations. The USMS leads 56 fugitive task forces (representing more than 1,500 law enforcement agencies) throughout the United States and eight congressionally-funded regional fugitive task forces. Staffed by federal, state and local law enforcement agencies, USMS-led task forces target the most dangerous fugitives.
The USMS established the 15 Most Wanted Fugitive Program in 1983 in an effort to prioritize the investigation and apprehension of high-profile offenders considered to be some of the country’s most dangerous fugitives – typically career criminals with histories of violence who pose a significant threat to public safety and have remained on the lam for months or years.
On Oct. 6, 2021, the USMS made a 15 Most Wanted fugitive arrest of Jory Worthen, wanted in Camden, Arkansas, for two homicides in June 2019. Worthen was accused of murdering his girlfriend Alyssa and her 4-year-old son Braydon. Immediately after the murders, Worthen fled in Alyssa’s vehicle, which was later found abandoned in a parking lot in Seattle. The investigation led to Burbank, California, where Worthen was located and arrested after a short foot pursuit. He was extradited back to Arkansas where, in September, Worthen accepted a plea deal that includes never being eligible for parole. As part of the agreement, Worthen pleaded guilty to two counts of first-degree murder. He is serving two concurrent life sentences.
July 27, 2021, marked the 15th anniversary of the signing of the Adam Walsh Child Protection and Safety Act (AWA), which established the USMS as the lead federal agency for sex offender violations. The agency created the Sex Offender Investigations Branch to direct and coordinate implementation of its primary responsibilities under the AWA – assisting state, local, Tribal and territorial authorities in the location and apprehension of noncompliant and fugitive sex offenders; investigating violations of the AWA for federal prosecution; and assisting in the identification and location of sex offenders relocated as a result of a major disaster. In 2021, USMS arrested 278 sex offenders for violating the conditions of their criminal convictions.
In May 2015, the Justice for Victims of Trafficking Act (JVTA) was passed and clarified the USMS’ discretionary authority to support law enforcement requests for assistance on any missing child cases. As such, the USMS assists state, local and other federal law enforcement agencies, upon request, in locating and recovering missing children, while focusing agency resources on “critically missing child” cases – those that involve a suspected crime of violence or where factors are identified by law enforcement that indicates an elevated risk to a missing child. In 2021, the Marshals assisted with the recovery of 950 “critically missing children,” an approximate 145% increase over FY 2020.
The USMS also conducted 591 international removals (extraditions, deportations and expulsions). The USMS is responsible for carrying out extraditions to the United States from foreign countries and for supporting extraditions to foreign countries from the United States – a complex task involving coordination among the Department of Justice Office of International Affairs, the Department of State, foreign governments, U.S. embassies and USMS district offices. The extradition process involves country clearances, threat assessments and security arrangements, travel arrangements, and can include medical assessments and accommodations.
Justice Department and Agriculture Department Issue Shared Principles and Commitments to Protect Against Unfair and Anticompetitive PracticesRead the Press Release
Speaking at a White House event focused on competition in agriculture, Attorney General Merrick B. Garland and Secretary of Agriculture Tom Vilsack expressed their shared commitment to effectively enforcing federal competition laws that protect farmers, ranchers, and other agricultural producers and growers from unfair and anticompetitive practices, including the antitrust laws and the Packers and Stockyards Act. The Department of Justice and Department of Agriculture (USDA) are already working together to support their respective enforcement efforts under these laws. As one step in that continuing process, today they released the following statement of principles and commitments:
- Farmers, ranchers, and other producers and growers deserve the benefits of free and fair competition. The Justice Department and USDA therefore are prioritizing matters impacting competition in agriculture.
- The agencies will jointly develop within 30 days a centralized, accessible process for farmers, ranchers, and other producers and growers to submit complaints about potential violations of the antitrust laws and the Packers and Stockyards Act. The agencies will protect the confidentiality of the complainants, if they so request, to the fullest extent possible under the law and also commit to supporting the strongest possible whistleblower protections.
- The agencies will work together to promote effective information sharing and case cooperation, including processes the agencies will follow to efficiently address a complaint.
- Both agencies commit to vigorously enforce the laws that protect farmers, ranchers, and other producers and growers from unfair, deceptive, discriminatory, and anticompetitive practices. As appropriate, USDA will make reports or refer potential violations of the Packers and Stockyards Act to the Justice Department to better enable its Antitrust Division to pursue meritorious competition-related cases and to allow the agencies to collaborate on issues of mutual interest. Additionally, The Justice Department and USDA will work together to identify and highlight areas where Congress can help modernize these toolkits.
“The Justice Department takes very seriously the responsibility we share with our partners across the federal government to protect consumers, safeguard competition, and ensure economic opportunity and fairness for all,” said Attorney General Garland. “Over the past ten months, we have stepped up our efforts to ensure competition and counter anticompetitive practices across sectors – from airlines to insurance brokers to book publishers. And we will continue to vigorously enforce our antitrust laws, no matter the industry, no matter the company, and no matter the individual.”
“Producers all across the country for too long have faced a marketplace that benefits a few large companies over those who are growing our food,” said Secretary of Agriculture Vilsack. “This means that consumers are paying more and farmers, ranchers and producers see less of the profits. The pandemic only further disrupted these challenges across the supply chain, exposing a food system that was rigid, consolidated, and fragile. Antitrust and market regulatory enforcement is essential to enabling the competition necessary to transform our concentrated supply chains in favor of diversified, resilient food systems. These are complex, difficult areas of law, and our authorities are 100 years old or more, but I’m heartened by reaffirming our shared commitment to tackle these challenges together.”
Justice Department Resolves Race Discrimination Lawsuit Against Housing Authority in OklahomaRead the Press Release
The Justice Department announced today that it has obtained a settlement agreement with the Housing Authority of the Town of Lone Wolf, Oklahoma, and two of its former employees to resolve allegations that they violated federal law when they denied housing to a Black mother and her young daughter because of their race. Under the settlement, the Housing Authority and former employees David Haynes and Myra Hess must pay $75,000 in damages and take other actions to remedy their violations of the Fair Housing Act and Title VI of the Civil Rights Act of 1964.
“Housing authorities are entrusted with tax-payer dollars to serve some of the most vulnerable members of our communities,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “It is abhorrent that a housing authority would deny a home to any applicant on the basis of race. The Justice Department is committed to vigorous enforcement of federal law to ensure that no one is unlawfully denied housing because of race or for any other prohibited reason.”
“The time for racial discrimination in housing should be far behind us,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office for Fair Housing and Equal Opportunity. “HUD is pleased the Department of Justice and HUD’s Fair Housing Initiative partner, Legal Aid Services of Oklahoma, took appropriate action to put a halt to the housing authority’s unlawful behavior.”
Under the consent decree, which was approved by the U.S. District Court for the Western District of Oklahoma, the defendants will pay a total of $65,000 to the applicant and her child, and $10,000 to the Legal Aid Services of Oklahoma Inc., whose fair housing testing exposed the Housing Authority’s discriminatory conduct. In addition, the consent decree requires the Housing Authority employees and board members to undergo training on the Fair Housing Act and Title VI, implement nondiscriminatory procedures and submit to compliance and reporting requirements.
The United States’ lawsuit, filed in December 2020, alleged that the Housing Authority employees told a Legal Aid employee who contacted them on behalf of the applicant that units were available and invited her to apply. But when the Housing Authority learned from her application that she and her child were Black, the Housing Authority denied the application and falsely told the applicant that no apartments were available. Legal Aid then conducted testing, which confirmed that the Housing Authority was discriminating against Black applicants. As the United States’ lawsuit alleged, the Housing Authority told a white tester that there were multiple apartments available to her and her daughter and showed her three vacant apartments. By contrast, the next day, the Housing Authority told a Black tester that no apartments were available for her and her granddaughter and did not show her an apartment. The Housing Authority receives funds from HUD and manages 25 apartments.
The applicant and Legal Aid subsequently filed a complaint with HUD. After an investigation, HUD determined that the defendants had violated the Fair Housing Act and Title VI and referred the matter to the Department of Justice.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Title VI of the Civil Rights Act of 1964 prohibits discrimination because of race, color or national origin in programs or activities that receive federal financial assistance.
More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe they have been victims of housing discrimination should contact the Department of Justice toll-free at 1-833-591-0291, by email at [email protected], or submit a report online at civilrights.justice.gov.
Justice Department Ensures Jeffrey and Lauren Lowe Are Permanently Prohibited from Exhibiting Animals and Terminates Their Interests in Seized AnimalsRead the Press Release
On Dec. 23, the U.S. District Court for the Eastern District of Oklahoma entered a consent decree between the United States and Jeffrey and Lauren Lowe permanently prohibiting them from exhibiting animals, terminating their interests in 97 endangered or threatened animals seized from their facility, and affirming that they have legally abandoned their rights to an additional 41 animals covered by the Animal Welfare Act (AWA).
On the same day, the court granted the United States’ motion for a default judgment against defendants Tiger King LLC and Greater Wynnewood Exotic Animal Park LLC, prohibiting them from exhibiting animals in the future, terminating their interests in the animals seized from the Lowes’ facility, and permanently placing the AWA-covered animals in licensed facilities selected by the United States. Together, this consent decree and default judgment resolve the claims in a civil enforcement action brought by the Department of Justice to address the Lowes’ recurring inhumane treatment and improper handling of animals protected by the Endangered Species Act (ESA) and AWA.
In November 2020, the Department of Justice filed a complaint against the Lowes and two business entities alleging that the defendants had violated and would continue to violate the ESA by illegally taking, possessing and transporting protected animals and the AWA by exhibiting without a license and placing the health of animals in serious danger. Starting in June 2020, inspectors from the Department of Agriculture Animal Plant and Health Inspection Service (USDA APHIS) identified numerous animals in poor health and living in substandard conditions under the Lowes’ care, first at Greater Wynnewood Exotic Animal Park, in Wynnewood, Oklahoma, and then at Tiger King Park, in Thackerville, Oklahoma. USDA suspended Jeffrey Lowe’s AWA exhibitor’s license, and Lowe then unilaterally terminated his license. Yet the Lowes continued to exhibit animals, both in person and for compensation via online platforms. In addition to exhibiting without a license, the Lowes did not provide timely and adequate veterinary care or nutrition, failed to maintain safe and sanitary conditions and housed animals in enclosures which were too small and exposed to the elements.
On Jan. 15, the United States obtained a preliminary injunction requiring the Lowes to relinquish possession of all Big Cat cubs under the age of one year and their respective mothers to the United States. In May 2021, after the Lowes violated other terms of the preliminary injunction order by breeding animals and failing to maintain and provide records regarding the health of the animals in their care, the United States executed two civil seizure warrants and took possession of 68 Big Cats and one jaguar that had been harmed and harassed in violation of the ESA. In August 2021, the United States secured the Lowes’ agreement to abandon their interests in all animals remaining at Tiger King Park, and the United States took possession of 11 endangered lemurs and 41 other animals.
Under the terms of the consent decree, the Lowes agree to permanently refrain from exhibiting animals or applying for any USDA license or registration. They also terminated their rights and interests in the 97 ESA-listed animals seized from Tiger King Park and agreed not to file any claim in the separate civil forfeiture action initiated by the United States with regard to those animals. Additionally, the Lowes affirmed the validity of the August 2021 abandonment form and agreed not to pursue legal action against the United States, or any facility involved in the removal, transport or care of the abandoned animals.
“The Department of Justice is committed to protecting endangered and threatened species and preventing the inhumane treatment of animals held in zoos and private facilities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This consent decree ensures that the animals mistreated and endangered by the Lowes will be moved to a safe home in AWA-licensed facilities and prohibits the Lowes from exhibiting live animals again.”
“This consent decree demonstrates the commitment of USDA and the Department of Justice to work together to bring final resolution to this case,” said Deputy Administrator Dr. Betty Goldentyer of USDA APHIS’s Animal Care Program. “USDA is very proud of the hard work of our inspectors. It was their skill and expertise that allowed us to safely relocate all of the animals and end the mistreatment that was occurring at this facility.”
The case is being handled by Senior Trial Attorney Mary Hollingsworth and Trial Attorneys Briena Strippoli and Devon Flanagan of the Environment and Natural Resources Division’s Wildlife and Marine Resources Section. Senior Policy Advisor Darrin McCullough of the Criminal Division’s Money Laundering and Asset Recovery Section assisted with this case and the parallel civil forfeiture action. The Civil Division of the U.S. Attorney’s Office for the Eastern District of Oklahoma provided valuable assistance. The case was investigated by APHIS and the Department of the Interior’s Fish and Wildlife Service.
Justice Department Announces New Rule to Help Enhance Safe and Secure Storage of Firearms; Publishes Best Practices Guide for Federal Firearms LicenseesRead the Press Release
The Department of Justice today announced a new rule to help enable the safe and secure storage of firearms and published a Best Practices Guide for federal firearms licensees (FFLs). This new rule implements the existing Gun Control Act requirement that federal firearms licensees that sell firearms to the general public (non-licensees) must certify that they have available secure gun storage or safety devices. The Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Best Practices Guide for FFLs is an important resource and reference guide about federal laws and regulations.
“Today’s announcements build on the department’s efforts to reduce the risk of firearms falling into the wrong hands,” said Attorney General Merrick B. Garland. “Gun safety is a Department of Justice priority, and we will continue to take all appropriate steps to help reduce the number of people killed and injured by the misuse of firearms.”
The Department of Justice has submitted to the Federal Register for publication a final rule, which will take effect Feb. 3, requiring FFLs to certify that they have secure gun storage devices available to their customers for purchase. Secure gun storage or safety device, as defined by statute and regulation, includes a safe, gun safe, gun case, lock box or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination or other similar means. Not all devices are compatible with varying types of firearms. Therefore, integral to the new rule is the requirement that FFLs have available secure gun storage options that are compatible with the firearms they are selling.
The final rule, published in the electronic reading room today, can be viewed here: https://www.federalregister.gov/public-inspection/2021-28398/secure-gun-storage-and-definition-of-antique-firearm.
In addition, today, the ATF published a Best Practices Guide for FFLs. The ATF’s Best Practices Guide is designed to assist FFLs in complying with all required firearm laws and regulations that are designed to ensure public safety and the traceability of firearms.
The Best Practices Guide also encourages FFLs to provide customers with ATF publications to help firearms owners better understand their legal obligations, as well as practical steps they can take to help keep firearms out of the hands of prohibited persons and facilitate the safe storage of firearms. Links to ATF publications addressing the following topics are included in the Best Practices Guide: procedures for FFLs to assist unlicensed firearms owners in conducting background checks for private party transfers; compliance with the Youth Handgun Safety Act; records firearms owners should maintain that can assist law enforcement if the owner’s firearms are ever lost or stolen; and the legal consequences and public safety dangers of straw purchasing – which involves purchasing a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction.
To view ATF’s Best Practices Guide, see: https://www.atf.gov/firearms/federal-firearms-licensee-quick-reference-and-best-practices-guide.
Federal Court Permanently Shuts Down Two Miami-Area Tax Return PreparersRead the Press Release
A federal court in the Southern District of Florida has permanently enjoined two Miami-area tax return preparers from preparing federal income tax returns for others.
The injunctions against Gerald Vito, James Eleby and Gerald Vito LLC dba Income Tax Services, were entered by default. The complaint filed against the defendants alleged that they prepared tax returns that significantly understated their customers’ tax liabilities by claiming deductions for fabricated or inflated charitable deductions, medical expenses and employee business expenses. The complaint further alleged that the defendants significantly understated their customers’ tax liabilities by reporting false or inflated business losses. In addition, the complaint alleged, the defendants often deducted hundreds of dollars in fees from their customers’ refunds, in many cases without disclosing the fee that they charged. According to the complaint, based on IRS estimates from audits of some of the defendants’ customers, the defendants’ fraudulent activities likely cost the United States millions of dollars in lost tax revenue.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Guam Meth Dealer Sentenced to 49 Months for Drug TraffickingRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands announced that defendant Lovelia C. Mendoza, age 39, from Guam was sentenced in the United States District Court of Guam to 49 months imprisonment to run concurrently with prior federal offense for Conspiracy to Distribute Fifty (50) Grams or More of Methamphetamine Hydrochloride, a Schedule II Substance in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A)(viii). The Court also ordered 5 years of supervised release following imprisonment, and a mandatory $100.00 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On May 10, 2018, law enforcement conducted a controlled delivery of a package that contained a substance that field tested positive for the presence of methamphetamine. The package was picked up by Joseph R. Roman II at the U.S. Post Office in Barrigada. Upon exiting the postal facility with the package, Roman entered a vehicle driven by Daniel Topasna Pangelinan. Law enforcement conducted surveillance and monitored the movements of the package utilizing a GPS device that was placed in the box. While under surveillance, Roman was seen disposing the package behind a shelter in Dededo where both Roman and Pangelinan were subsequently detained. Pangelinan waived his rights and admitted to assisting Roman in picking up the package at Lovelia Mendoza's request.
Few days prior, Pangelinan was at Mendoza's residence and was given a postal slip and told Pangelinan and Roman that the package was ready for pickup. On May 9, 2018, Pangelinan drove Roman to the U.S. Post Office in Barrigada to pick up the package but was unsuccessful and got it the next day. When the package was retrieved, Mendoza gave instructions to Roman and Pangelinan to deliver the package to Mark Mayo. The plan was for Roman to discard the package on the roadway for Mayo to pick-up. Soon after the package was discarded, investigators immediately took possession. Pangelinan received a phone call from Mayo and said, the "feds" got the package. Laboratory analysis of the substance recovered from the package revealed that it was 418.7 net grams of d-methamphetamine hydrochloride with a purity level of 98%. This quantity was indicative of an intent to distribute.
Pangelinan, Roman, and Mayo were also charged in connection with this package. Daniel Pangelinan pled guilty to Attempted Possession of Methamphetamine Hydrochloride with Intent to Distribute and was sentenced to 41 months in federal prison on June 22, 2021. Joseph R. Roman II pled guilty to Conspiracy to Distribute Methamphetamine Hydrochloride and was sentenced to time served on August 26, 2021. Mark Mayo was found guilty of Conspiracy to Distribute Methamphetamine Hydrochloride and Attempted Possession of Methamphetamine Hydrochloride with Intent to Distribute following a jury trial. Mayo was sentenced to 120 months in federal prison on June 22, 2021.
“Our office is dedicated to supporting our law enforcement partners in targeting drug traffickers in our districts,” stated U.S. Attorney Anderson. “The interdiction of mail parcels continues to reveal large quantities of methamphetamine arriving on island. Anyone with information about this type of crime should contact federal authorities at the earliest opportunity.”
"The FBI works alongside with our law enforcement partners to stop the importation and sale of illegal drugs," said FBI Special Agent in Charge Steven Merrill. "Today's sentencing shows our commitment and our tireless efforts to combat and deter the distribution of illegal, and potentially deadly, narcotics. The FBI will continue to do everything we can to put those who bring illegal drugs into our communities out of business."
The case was investigated by the Federal Bureau of Investigation and the United States Postal Inspection Service as part of the Organized Crime Drug Enforcement Task Force’s (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was prosecuted by Assistant United States Attorney Laura C. Sambataro, United States Attorney’s Office for the District of Guam.
District Court Orders New Jersey Defendants to Stop Distributing Unapproved ‘Nano Silver’ Products Touted as COVID TreatmentRead the Press Release
A federal court permanently enjoined a New Jersey entity and its principals from distributing unapproved and misbranded drugs touted as a treatment for COVID-19.
In a complaint filed on Nov. 13, 2020, the United States alleged that Natural Solutions Foundation, along with trustees Ralph Fucetola and Dr. Rima Laibow, violated the Federal Food, Drug and Cosmetic Act (FDCA) by distributing a “nano silver” product that they claimed would prevent, treat or cure COVID-19. According to the complaint, which was filed at the request of the U.S. Food and Drug Administration (FDA), Natural Solutions operated various websites to market “Dr. Rima Recommends Nano Silver,” a product that purportedly contained silver particles in a solution. The complaint further alleged that nano silver is not generally recognized by qualified experts as safe and effective to prevent, treat or cure COVID-19, and that the defendants’ claims were not supported by credible scientific evidence or studies. Additionally, the complaint alleged that the defendants’ nano silver products were misbranded drugs, because their labeling failed to bear adequate directions for use, as required by the FDCA.
“Marketing unproven products as treatments for COVID-19 endangers public health and violates the law,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department will work closely with the FDA to stop anyone attempting to take advantage of the pandemic by selling unapproved, misbranded drugs.”
“The FDA will continue to aggressively pursue and hold accountable those who jeopardize public health,” said Acting Deputy Director Greg Noonan for the FDA’s Office of Dietary Supplement Programs. “Today’s consent decree demonstrates that we will use all of our authority to stop companies that prey on the public during a global pandemic by selling unapproved new drugs.”
The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The order entered by the federal court permanently enjoins the defendants from violating the FDCA and requires that they institute a recall for the nano silver products they sold and destroy any such products in their possession. Before distributing any drug in the future, the defendants must notify FDA in advance, comply with specific remedial measures set forth in the injunction and permit FDA to inspect their facilities and procedures.
The enforcement action was prosecuted by Trial Attorney Brianna M. Gardner of the Civil Division’s Consumer Protection Branch, with assistance from Associate Chief Counsel for Enforcement Jaclyn Martínez Resly of the FDA’s Office of Chief Counsel.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic and efforts to stop COVID-19 fraud, 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.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
Advertising Platform OpenX Agrees to Injunctive Relief and $2 Million Payment in Case Alleging Violations of Children’s Privacy LawRead the Press Release
Online advertising platform OpenX Technologies Inc. (OpenX) has agreed to a court order requiring it to pay $2 million and to be bound by injunctive relief provisions mandating its compliance with the Federal Trade Commission (FTC) Act and Children’s Online Privacy Protection Act (COPPA) Rule. This stipulated order resolves a lawsuit the government filed against OpenX in the U.S. District Court for the Central District of California.
The government alleged that OpenX’s Ad Exchange platform, which connects publishers of websites and mobile applications (apps) with advertisers who wish to display targeted advertisements, collected and maintained location data and other personal information from children under 13 without parental notice and consent and facilitated the use of that data for targeted advertising on hundreds of child-directed apps. According to the complaint, OpenX violated the FTC Act by misrepresenting its data collection policies as having been implemented with consumer consent, when such consent was frequently lacking, and also by misrepresenting its compliance with the COPPA Rule. The complaint alleges that OpenX violated the COPPA Rule by failing to provide notice to parents and by failing to obtain verifiable parental consent before collecting personal information from children or allowing third-party advertising networks to do so.
“Americans should be able to visit websites and use mobile apps with confidence that their privacy — and their children’s privacy — is being protected,” said Acting Assistant Attorney General Brian M. Boynton of the Department of Justice’s Civil Division. “The Department of Justice and Federal Trade Commission are committed to ensuring that the digital advertising industry complies with federal privacy law.”
“OpenX secretly collected location data and opened the door to privacy violations on a massive scale, including against children,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Digital advertising gatekeepers may operate behind the scenes, but they are not above the law.”
The stipulated order requires OpenX to pay a civil penalty of $2 million and bars OpenX from committing future violations of the COPPA Rule or making related misrepresentations. It also prohibits OpenX from collecting location information without first obtaining express affirmative consent, mandates the deletion of data that OpenX collected in the past and requires OpenX to maintain a comprehensive program to protect the privacy of data collected from consumers and their devices.
The FTC referred this case and 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 Zachary Dietert and David Crockett and Assistant Director Lisa Hsiao, in conjunction with attorneys at the FTC’s Division of Privacy and Identity Protection.
Justice Department Awards Nearly $87 Million to Combat Human Trafficking and Help VictimsRead the Press Release
The Justice Department’s Office of Justice Programs (OJP) announced almost $87 million in funding to combat human trafficking, provide supportive services to trafficking victims throughout the United States and conduct research into the nature and causes of labor and sex trafficking.
“Human trafficking is a global problem that reaches into many of our nation’s communities, causing victims unimaginable harm, violating basic human rights and undermining fundamental principles of dignity and justice,” said Attorney General Merrick B. Garland. “These awards reflect the Justice Department’s commitment to helping our state and local partners shut down trafficking operations and deliver the relief and support that survivors need and deserve.”
OJP’s Office for Victims of Crime (OVC) continues to manage the largest amount of federal funding dedicated to providing services to victims of human trafficking. OVC strengthens the victim service response to human trafficking through grant funding, training and technical assistance and leadership in the field. For example, OVC-funded human trafficking task forces initiated more than 2,800 new investigations nationwide between June 2019 and July 2020, and its victim service grant programs reached nearly 10,000 clients over a 12-month period. OJP’s investments figure prominently in the National Action Plan to Combat Human Trafficking released by the White House on Dec. 3. The plan lays out a broad-based, multi-disciplinary, whole-of-government approach to addressing human trafficking and its harmful impacts on crime victims, communities and national security.
“Victims of human trafficking suffer unspeakable trauma while being systematically and cruelly denied their most fundamental emotional and material needs,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “These awards will provide housing, counseling, legal aid and other services that can help survivors reclaim their lives.”
Grants awarded by OVC aim to enhance the quality and quantity of services available to survivors of human trafficking. OJP’s National Institute of Justice (NIJ) provides funding to support research and evaluation projects designed to inform anti-trafficking efforts. Specific programs include the following:
- Under the Services for Victims of Human Trafficking program, OVC awarded approximately $22 million to develop, expand or strengthen victim service programs for victims of human trafficking.
- Under the Enhanced Collaborative Model Task Force to Combat Human Trafficking program, OVC awarded approximately $22 million to develop, expand or strengthen a multidisciplinary approach to fight human trafficking.
- Under the Housing Assistance Grants for Victims of Human Trafficking program, OVC awarded approximately $15 million to provide safe, stable housing and appropriate services to victims of human trafficking.
- Under the Services for Minor Victims of Sex Trafficking program, OVC awarded approximately $8 million to develop, expand or strengthen victim service programs for those whose victimizations occurred when they were under the age of 18.
- Under the Training and Technical Assistance for Human Trafficking Service Providers program, OVC awarded approximately $3 million to provide funding for training and technical assistance to service providers developing, strengthening or expanding programs for victims of human trafficking.
- Under the Improving Outcomes for Child and Youth Victims of Human Trafficking program, OVC awarded approximately $2 million to improve responses to child and youth victims of trafficking, with a focus on coordination at the statewide or Tribal jurisdiction level.
- Under the Enhancing Juvenile and Family Court Responses to Human Trafficking program, OVC awarded approximately $2 million to develop and enhance programs to provide direct services and diversion programs for youth in contact with the juvenile and family court systems who are victims of sex or labor trafficking or at risk for human trafficking due to past or current crime victimization, including child abuse and neglect.
- Under the Field-Generated Human Trafficking Training and Technical Assistance for Law Enforcement program, OVC awarded approximately $2 million to develop innovative strategies and models to support jurisdictions engaged in identifying victims of human trafficking and investigating and prosecuting human trafficking and related crimes.
- Under the Services for Minor Victims of Labor Trafficking program, OVC awarded approximately $2 million to develop, expand or strengthen victim service programs for those whose victimizations occurred when they were under the age of 18.
- Under the Preventing Trafficking of Girls program, OVC awarded approximately $1 million to support prevention and early intervention programs for girls who are at-risk of, or are victims of, sex trafficking.
- Under the Law Enforcement Human Trafficking Fellowship Program, OVC awarded $400,000 to improve and expand the ability of law enforcement, prosecutors and OJP-funded human trafficking task forces nationwide to conduct and implement victim-centered and trauma-informed investigations and prosecutions.
- NIJ awarded more than $2.6 million under its Research and Evaluation of Trafficking in Persons portfolio to better understand, prevent and respond to trafficking in persons in the United States.
Information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Awards Nearly $444 Million to Support Violence Intervention EffortsRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced nearly $444 million in grant awards to support a wide range of violence reduction efforts, including community-based violence intervention and prevention strategies, youth and school violence prevention programs and evidence-based police and prosecution practices. Funding will also support research on civil disturbances, school safety and violence against women.
“No two communities are the same, and the Justice Department is committed to supporting efforts that build on local expertise to confront violence,” said Attorney General Merrick B. Garland. “These grants will help experts embedded in communities across the nation do the vital work of reducing violence and ensuring access to justice.”
In April, the Biden-Harris Administration identified a number of federal investments that would be leveraged to address the rise in gun violence and other violent crime in communities across America. President Biden’s Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, announced in June, outlined steps the federal government would take to curb the rise in violent crime in cities across America, deploying a range of resources from prevention and intervention activities to reentry programs. The programs listed below will be a key part of the White House’s strategy.
“The safety of our communities depends not on enforcement alone, but on evidence-based interventions that address the root causes of crime and that bring together stakeholders from every sector to tackle our most pressing challenges,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “These investments reflect a commitment that extends across this administration to revitalize our neighborhoods, building bonds of civic trust and ending the cycle of trauma and violence that destroys too many lives and keep far too many Americans from realizing their potential.”
Funding is made available through OJP’s Bureau of Justice Assistance (BJA), Office of Juvenile Justice and Delinquency Prevention (OJJDP) and National Institute of Justice (NIJ).
- More than $84.9 million is being awarded under BJA’s Edward Byrne Memorial Justice Assistance Grant (JAG) Program-Local Solicitation. The JAG Program is the primary provider of federal criminal justice funding to units of local government. This program supports efforts to prevent and reduce violent crime and strength the criminal justice system.
- More than $187 million is being awarded under BJA’s Edward Byrne Memorial Justice Assistance Grant Program-State Solicitation. Funds awarded to a state under this program may be used to hire additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance and information systems for criminal justice purposes. These awards were announced previously.
- BJA is awarding $73.7 million under thePreventing School Violence: BJA’s STOP School Violence Program, which is designed to improve K-12 school security by providing students and teachers with the tools they need to recognize, respond quickly to and help prevent acts of violence and ensure a positive school climate. These awards were announced previously.
- Another $6.4 million is being awarded under BJA’s Smart Policing Initiative, which enables law enforcement agencies to effectively use evidence-based practices, data and technology.
- BJA is awarding over $2.8 million under its Rural Violent Crime Reduction Initiative for Law Enforcement Agencies. This program provides competitive grants and technical assistance to small law enforcement agencies in rural locations to address the unique challenges these departments face in combating violent crime.
- Another $3.6 is being awarded under BJA’s Rural Violent Crime Reduction Initiative Training and Technical Assistance Provider. This initiative is intended to improve communication and collaboration between state, local and Tribal law enforcement agencies and the communities they serve to address the unique criminal justice challenges in rural areas.
- More than $4 million will be awarded under BJA’s Local Law Enforcement Crime Gun Intelligence Center Integration Initiativ This program assists state, local and Tribal law enforcement with enhancing their investigative and prosecutorial resources to improve their ability to hold violent gun offenders accountable and reduce violent crime.
- BJA is awarding more than $17.5 million under its Project Safe Neighborhoods This program, led by U.S. Attorney’s Offices, is designed to create and foster safer communities through a sustained collaboration and identifying and addressing the most significant drivers of violence in their districts. These awards were announced previously.
- Another $2 million is being awarded under BJA’s Project Safe Neighborhoods Training and Technical Assistance Program. This opportunity will establish a cooperative agreement with one training and technical assistance provider to further develop the Project Safe Neighborhoods National Training and Technical Assistance Program, which will support and deliver training and technical assistance to criminal justice professionals and research partners.
- BJA is awarding $18.8 million under its Byrne Criminal Justice Innovation Program, which will fund a strategic approach to crime reduction in local jurisdictions that leverages community knowledge and expertise to build public trust with law enforcement and make neighborhoods safer.
- Another $750,000 is being awarded under BJA’s Smart Suite Training and Technical Assistance Program, which supports building partnerships between researchers and practitioners to improve local outcomes and programs.
- BJA is also awarding $7.1 million under its Smart Prosecution – Innovative Prosecution Solutions program, which provides state, local and Tribal prosecutors with funding to secure resources that will help reduce crime and increase public safety.
- OJJDP is awarding another $14.9 million under its Comprehensive Youth Violence Prevention and Reduction Program. Funding for this program is to prevent and reduce youth violence, including gang violence.
- OJJDP is awarding $7 million under its Strategies to Support Children Exposed to Violence program to develop or enhance support services for children exposed to violence and to implement community violence intervention strategies. Funding also supports training and technical assistance to program sites.
- Supplemental funding of nearly $925,000 supports the continued operation of the National Gang Center. The center provides leadership, information and training and technical assistance on comprehensive, community-based anti-gang initiatives, including gang prevention, intervention, enforcement and reentry.
- NIJ is awarding nearly $2 million on Research and Evaluation on Policing Strategies for Civil Disturbances, which will fund research projects addressing police strategies and tactics to respond to violence and maintain order. Funded research will also address the role of extremists in fomenting violence at protests and demonstrations.
- NIJ is awarding another $2.4 million on Research and Evaluation on Violence Against Women, which will fund rigorous research and evaluation projects to support the development of objective and independent knowledge and validated tools to reduce violence against women, promote justice for victims of crime and enhance criminal justice responses. This amount includes funding for research on issues around violence against Indian women.
- NIJ is awarding over $1.4 million on Research and Evaluation on School Safety, which will fund rigorous research and evaluation projects to study the root causes of school violence to include the impact and effectiveness of grants made under the STOP School Violence Act.
Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Awards More Than $40 Million to Improve Services for Crime VictimsRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced grant awards totaling over $40 million to enhance services for victims of crime across the United States. The grants build on more than $1.2 billion in funding announced in September to support victim assistance and victim compensation programs administered by states and territories.
“The Department of Justice is committed to doing all it can to reduce violent crime, and supporting victims of crime is not only critical to those efforts but also central to our most fundamental responsibility: protecting our fellow citizens,” said Deputy Attorney General Lisa O. Monaco. “The resources announced today will provide direct support to victims of crime as they recover and also bolster the important work of our state, local and Tribal partners who provide victims with comprehensive, high-quality victim services and care.”
Approximately $38 million are being awarded under 12 grant programs administered by OJP’s Office for Victims of Crime (OVC). Almost $2.9 million will be awarded by OJP’s National Institute of Justice (NIJ) to support research, and $2.1 million will be awarded by OJP’s Bureau of Justice Statistics (BJS) to support the National Census of Victim Service Providers. Most of the funding comes from the Crime Victims Fund, which was established by the Victims of Crime Act (VOCA) of 1984. The fund is financed by fines and penalties paid by convicted federal offenders, not from tax dollars.
“The needs of crime victims are varied and unique, so when it comes to services, one size does not fit all,” said Director Kristina Rose of OJP's OVC. “Service providers can use VOCA funding to create and enhance programs that are culturally specific and reflect the communities they are serving.”
The funded programs and their amounts are listed below.
- Under the Advancing the Use of Technology to Assist Victims of Crime program, OVC awarded almost $10 million to implement innovative strategies to create, expand or enhance the use of technology to interact directly with crime victims and/or to provide information, referrals, crisis assistance and longer-term help.
- Under the Expanding Sexual Assault Nurse Examiner Services to Victims of Sexual Assault program, OVC awarded more than $7 million to establish or expand sexual assault examination programs that focus on improving the provision of sexual assault care using a community-based approach, such as through a campus community, nonprofit, community-based and/or Tribe-affiliated victim services provider. Funding will also be awarded to an organization to provide technical assistance to the grantees.
- Under the Transforming America's Response to Elder Abuse: Enhanced Multidisciplinary Teams (E-MDTs) for Older Victims of Financial Exploitation and Abuse program, OVC awarded nearly $3.7 million to support the development and/or enhancement of multidisciplinary teams and to strengthen the capacity of E-MDTs to better identify and respond to cases of elder abuse and more comprehensively serve and support victims of financial exploitation.
- Under the National Center for Culturally Responsive Victim Services program, OVC awarded $3 million for the development, operation and management of OVC’s National Center. The center will facilitate the delivery of national-scale, high quality training and technical assistance to increase access to victim services and victim compensation for victims of crime in areas that have been historically underserved, marginalized and/or adversely affected by inequality.
- Under the Building State Technology Capacity program, OVC awarded more than $2.6 million to implement statewide technology programs to enhance victims’ access to services, foster innovation and efficiency in the provision of services, improve the quality of services and improve the accessibility and responsiveness of victim service organizations.
- Under the Fostering Resilience and Hope: Bridging the Gap Between Law Enforcement and the Community program, OVC awarded $2.5 million to support the development, implementation and dissemination of a train-the-trainer trauma-informed, hope-centered framework to help law enforcement officers address trauma and adversity and rebuild relationships within the community.
- Under the Advancing Hospital-Based Victim Services program, OVC awarded nearly $2.5 million to four organizations and one technical assistance provider to improve linkages between the victim services field and hospitals and other medical facilities that increase support for victims of crime, improve outcomes and reduce chances of future victimization.
- Under the Emergency and Transitional Pet Shelter and Housing Assistance Grant Program, OVC awarded over $2.4 million to provide funding for shelter and transitional housing and other assistance to victims of domestic violence and their pets.
- Under the Services to Support Victims of Hate Crime and Strengthen Communities programs, OVC awarded $2 million to support field-generated, innovative strategies, approaches and models to support individuals, groups and communities impacted by hate crime.
- Under the Addressing Female Genital Mutilation and Cutting program, OVC awarded nearly $1.5 million to deliver community-based programming to stop female genital mutilation and cutting by educating communities and forming community networks of agencies and organizations that are positioned to identify girls at risk and respond to victims.
- Under the National Joint Training Conference for VOCA Victim Assistance and Victim Compensation Administrators, OVC awarded $600,000 to plan and administer training activities to bring Victim Assistance and Victim Compensation Administrators and their staff together for training conferences in 2022, 2023 and 2024.
- Under the National Crime Victims’ Rights Week Community Awareness Projects program, OVC awarded $300,000 to one organization to increase public awareness of crime victims’ rights and services nationwide and strengthen the capacity of victim assistance agencies to develop a broad, collaborative approach to community awareness that highlights services for all types of crime victims during National Crime Victims’ Rights Week.
- Under the Research and Evaluation of Services for Victims of Crime program, NIJ awarded over $2.9 million to five organizations to support research and evaluation of state crime victim compensation programs, research on the impact of COVID-19 on the delivery of services to victims of crime, and evaluation of programs that provide services for victims of crime.
- Under the National Census of Victim Service Providers program, BJS awarded nearly $2.1 million to one recipient to develop a statistical infrastructure around victim services and address major gaps in our knowledge about the availability and use of services to support victims of crime or abuse.
In addition to the grants listed above, over $1.041 billion in victim assistance funding supports local direct service programs, including children’s advocacy centers, domestic violence shelters, rape crisis centers, human trafficking and elder abuse programs, civil legal services, crime victims’ rights enforcement, as well as victim advocate positions in prosecutors’ offices and law enforcement departments. State victim compensation programs will receive over $186.8 million to supplement the state funds that assist victims with financial burdens such as medical fees, lost income, dependent care, funeral expenses and other costs resulting from crime.
Furthermore, OVC awarded nearly $87 million in funding to combat human trafficking, provide supportive services to trafficking victims throughout the United States and conduct research into the nature and causes of labor and sex trafficking. OJP’s Office of Juvenile Justice and Delinquency Prevention also has awarded grants to support services for child victims, and OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking awarded more than $20 million to register and track sex offender registration and protect young athletes.
Additional information about these and other FY 2021 grant awards made by OJP can be found online at the OJP Grant Awards Page.
OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Awards More Than $37 Million to Support Innovations in PolicingRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced grant awards totaling over $37 million to support evidence-based law enforcement strategies designed to build trust with communities and improve public safety. The grants, made by OJP’s Bureau of Justice Assistance (BJA) and National Institute of Justice (NIJ), will support partnerships between researchers and law enforcement professionals, fund body-worn camera programs and underwrite research and evaluation projects that examine promising police practices.
“Public safety requires public trust and the Justice Department is committed to supporting law enforcement programs that increase trust with communities,” said Attorney General Merrick B. Garland. “Today’s investment of $37 million builds on the department’s wide-ranging efforts to advance evidence-based innovations in policing throughout the country.”
The Justice Department’s Comprehensive Strategy for Reducing Violent Crime articulates a commitment to an approach that is grounded in research and consistent with our values as a nation. The strategy emphasizes that confidence in police and policing is essential to the safety of our communities. The awards announced today will enable state and local law enforcement agencies to work closely with researchers to address chronic public safety problems in their jurisdictions. Grants will also help develop body-worn camera programs that maximize transparency and accountability in order to build trust with communities. Research grants will support randomized controlled trials and other analyses that explore de-escalation tactics, procedural justice strategies and other issues.
“A safe and just society is possible only when our law enforcement partners and our communities share a common trust and mutual respect,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “These investments will equip our police professionals with the latest knowledge, tools and information to do their jobs safely, fairly and effectively in the service of greater public safety and stronger bonds with the people they serve.”
Below is a summary of these programs:
- BJA is awarding more than $27.4 million under its Body-Worn Camera Policy and Implementation Program to Support Law Enforcement Agencies, which provides funding to law enforcement agencies seeking to purchase body-worn cameras and to establish or expand comprehensive programs focused on maximizing the benefits of this technology and minimizing its risks.
- BJA is awarding $6.4 million under its Smart Policing Initiative, which helps to establish police-researcher partnerships; test promising crime prevention, response and reduction practices; improve police accountability and build law enforcement agencies’ capacity to analyze and use crime intelligence and data; implement and test justice information-sharing technology; and evaluate the effectiveness of these approaches.
- NIJ is awarding almost $3.3 million under its Research and Evaluation on Policing portfolio, which supports proposals for rigorous research and evaluation projects that address the re-allocation of resources and police operations and functions; police use of force and de-escalation tactics and strategies; and tactics and strategies that strengthen police-community relationships.
Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Awards More Than $210 Million to Support Forensic ScienceRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced grant awards totaling more than $210 million to fund crime laboratories, support research, decrease DNA backlogs and help law enforcement identify missing persons. The funding is administered by the OJP’s Bureau of Justice Assistance (BJA) and National Institute of Justice (NIJ).
“The department is committed to strengthening and expanding forensic capabilities from the crime scene to the courtroom,” said Associate Attorney General Vanita Gupta. “Supporting forensic science nationwide helps bring justice, closure and peace to victims and their families.”
Since 2004, the department has funded more than $1 billion to support DNA analysis, laboratory capacity enhancement and forensic science research that provide knowledge and tools to improve the quality and practice of forensic science.
“A sound and robust forensic science infrastructure is critical to public safety and to the integrity of our systems of justice,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “These awards provide critical resources that will allow investigators, crime lab professionals and forensic specialists to solve crimes, bring answers to victims and ensure that the principles of fairness and equity are fully reflected in our criminal justice practices.”
BJA and NIJ distributed hundreds of millions of dollars in awards to local, state and Tribal jurisdictions throughout the United States and territories. Here is a list of funded grants:
- More than $43 million will support BJA’s National Sexual Assault Kit Initiative, which improves state and local jurisdictions’ capacities to respond to violent crime and to bolster the criminal justice system through the investigation and prosecution of cases resulting from sexual assault kit evidence and the collection of DNA.
- Nearly $1 million supports BJA’s Sexual Assault Forensic Evidence – Inventory, Tracking, and Reporting Program, an evidence management program for untested and unsubmitted sexual assault kits.
- Another $7 million will support BJA’s Prosecuting Cold Cases Using DNA Program, which is designed to increase the capacity of state and local prosecution offices to address violent crime cold cases.
- BJA will award more than $89.6 million to support the DNA Capacity Enhancement for Backlog Reduction Program, which funds states and local governments with existing crime laboratories that conduct DNA analysis to increase the capacity of their laboratories.
- Nearly $29.7 million will support the Paul Coverdell Forensic Science Improvement Grants Program, which aims to improve forensic science and medical examiner/coroner services.
- More than $2 million will support the Strengthening the Medical Examiner and Coroner Program, which increases the supply of forensic pathologists and supports the enhancement of medicolegal death investigations nationwide.
- BJA will award more than $3.3 million under the Emmett Till Cold Case Investigations and Training and Technical Assistance Program, which supports state, local and Tribal law enforcement and prosecutors in their investigation and prosecution of cold case murders associated with civil rights violations.
- BJA will award nearly $5.5 million under the Upholding the Rule of Law and Preventing Wrongful Convictions Site Based and Training and Technical Assistance Program, which provides efficient representation for defendants in post-conviction claims of innocence.
- Nearly $14.4 million will support NIJ’s Research and Development in Forensic Science for Criminal Justice Purposes, which fosters research toward the development of highly-discriminating, accurate, reliable, cost-effective and rapid methods for the identification, analysis and interpretation of forensic evidence.
- Another $1.3 million will support NIJ’s Research and Evaluation for the Testing and Interpretation of Physical Evidence in Publicly Funded Forensic Laboratories, which evaluates existing laboratory protocols with the goal of making an immediate impact on laboratory efficiency.
- An additional $8.5 million will support NIJ’s Forensic Technology Center of Excellence and National Center on Forensics, which help transfer new technology and knowledge to the forensic science community.
- NIJ will provide nearly $6 million under the National Missing and Unidentified Persons System (NamUs), a national centralized repository and resource center for missing persons and unidentified decedents.
Additional information about these and other FY 2021 grant awards made by the Office of Justice Programs can be found online at the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Awards More Than $125 Million in Grants Under the STOP School Violence ActRead the Press Release
The Department of Justice today announced nearly $126 million in funding to advance school safety under the STOP School Violence Act. The grants, awarded by the Office of Justice Programs’ (OJP) Bureau of Justice Assistance (BJA) and the department’s Office of Community Oriented Policing Services (COPS Office), will help institute safety measures in and around primary and secondary schools, support school violence prevention efforts, provide training to school personnel and students, and implement evidence-based threat assessments.
“The Justice Department has no greater responsibility than protecting Americans from harm,” said Attorney General Merrick B. Garland. “Schools must be safe places to learn, and today’s investment of more than $125 million under the STOP School Violence Act will help ensure that they are.”
“School should be a haven for growth and development, not a source of anxiety and fear — and by no means should it ever be the scene of a crime,” said Principal Deputy Assistant Attorney General Amy L. Solomon of OJP. “These investments will help communities address school violence, create better school climates and set up early detection teams to prevent tragedies in our places of learning.”
“The safety of our nation’s children is an essential part of our public safety mission,” said Acting Director Robert Chapman of the COPS Office. “The awards announced today will fund a variety of school safety equipment and programs that will help ensure student success in supportive and safe environments.”
The Students, Teachers and Officers Preventing School Violence Act of 2018 (the STOP School Violence Act) gives the Justice Department the authority to provide awards directly to states, units of local government, Indian Tribes and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds through evidence-based school safety programs. It also provides grants to ensure a positive school climate by helping students and teachers recognize, respond quickly to and help prevent acts of violence.
The 78 BJA annual awards, totaling almost $74 million, are intended to support training and education for school personnel and students on preventing violence against others and themselves, including anti-bullying training and specialized training for school officials to respond to mental health crises. Funds also help develop and implement multidisciplinary threat assessment or intervention teams and design technology solutions such as anonymous reporting systems, hotlines and websites.
The COPS School Violence Prevention Program (SVPP) provides up to 75% of the funding for school safety measures in and around primary and secondary schools. The 153 SVPP awards, totaling almost $52 million, are statutorily obligated to be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; locks, lighting and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security.
The full list of SVPP awards can be found here.
A list of BJA awards, as they are made, can be found here.
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.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Awards More Than $100 Million to Support YouthRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced that it will award grants totaling nearly $103 million to support youth and help achieve greater equity in the juvenile justice system.
“We must focus on the needs of our nation’s youth, particularly those who are at risk of victimization and justice system involvement,” said Associate Attorney General Vanita Gupta. “These awards support a more humane and effective approach to young people who come into contact with the juvenile justice system. This funding supports evidence-based programs and services that recognize young people’s capacity to respond positively and productively to support and intervention in their communities.”
In 2019, some 36,500 youth were in residential placement on a given day. Although that number is about half what it was a decade ago, most of these youth were confined for nonviolent offenses and would be better served by evidenced-based programs operating within their communities. In addition, young people of color continue to be overrepresented in the juvenile justice system. In 2019, their placement rate was more than two times higher than white youth nationally.
Grants from OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) and National Institute of Justice (NIJ) will distribute millions of dollars in awards to local, state and Tribal jurisdictions to improve outcomes for youth and to address racial and ethnic disparities within the juvenile justice system. Awards will support mentoring programs designed to steer young people away from delinquency and justice system involvement. A juvenile justice reform initiative will develop and test research-based approaches to reduce recidivism and improve outcomes for youth. A juvenile indigent defense program will help ensure that youth in the juvenile justice system have access to high-quality legal representation and resources to address the collateral consequences of their contact with the system. Additionally, a Second Chance Act youth reentry program will make more resources available to help young people get the services they need to get back on their feet and become productive, thriving members of their communities.
These awards are in addition to more than $80 million in grants that will be targeted to specific populations, including youth affected by the opioid crisis and drug addiction, young people at risk of community or gang violence, parents of incarcerated children and Tribal youth. These additional awards will also support youth reentry initiatives, juvenile and family drug courts, family-based alternative sentencing programs and training for prosecutors in the juvenile justice system.
“Reforming our juvenile justice system, mentoring our youth and helping young people find a path forward to a safe and bright future are central to our mission at the Office of Justice Programs and remain top priorities of this administration,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “These grants are an expression of our deep commitment to helping communities ensure justice and enabling young people to live their best lives.”
Below is a list of funded grants:
- OJJDP’s National Mentoring Programs will provide grants in the amount of $43 million to four organizations to enhance and expand mentoring services for children and youth. An additional $2.85 million will support the National Mentoring Resource Center.
- OJJDP will award $27.6 million under the Multistate Mentoring Programs Initiative to 22 organizations to support the implementation and delivery of mentoring services to youth who are at risk for juvenile delinquency and juvenile justice system involvement.
- OJJDP will award over $9.7 million under the Delinquency Prevention Grants Program to eligible states or federally recognized tribes to implement evidence-based strategies to address the needs of juveniles who have had or who are likely to have contact with the juvenile justice system.
- OJJDP will award nearly $8 million under the Juvenile Justice System Reform Initiative to help states implement sustainable, research-based and data-informed recidivism reduction policies, practices and programming and the strategic reinvestment of cost savings into effective prevention and intervention programs.
- OJJDP will award over $4.6 million under Reducing Risk for Girls in the Juvenile Justice System to promote protective factors for girls who come in contact with the juvenile justice system, and place them on a path toward success, stability and long-term contribution to society.
- Under a collaborative program, NIJ and OJJDP will award $2 million to support the National Juvenile Court Data Archive. The archive collects, maintains and makes accessible the nation’s primary source of detailed information on juvenile court case processing of delinquency and status offense cases.
- NIJ and OJJDP, through a collaborative program, will award $2 million under the Longitudinal Research on Delinquency and Crime program, which conducts expansions or extensions of ongoing longitudinal studies that focus on delinquency and crime throughout the individuals’ life-course. The research findings are intended to inform efforts to prevent the onset of delinquency and to intervene in the lives of youth and young adults who offend.
- OJJDP will award over $2.2 million under the Enhancing Juvenile Indigent Defense program to improve juvenile indigent defense.
- Under the Research on Juvenile Reoffending program, NIJ will award $1.2 million for rigorous research projects that improve measurement of juvenile reoffending. NIJ, in collaboration with OJJDP, is funding studies that advance the understanding of juvenile reoffending and help jurisdictions use juvenile reoffending data effectively to identify priorities, develop responses, and monitor and assess policies and programs.
- OJJDP will award approximately $300,000 under the Juvenile Justice Emergency Planning Demonstration Program to support the development, improvement and implementation of emergency planning activities for state, tribal, county and local juvenile justice residential facilities.
Additional information about these and other FY 2021 grant awards from the OJP can be found online at the OJP Grant Awards Page.
OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Awards $34 Million to Support Community Crisis ResponseRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced grant awards totaling $34 million to help communities address crises involving homelessness, mental health and substance use disorders, and other public health and public safety emergencies. The grants, made by OJP’s Bureau of Justice Assistance (BJA) and National Institute of Justice (NIJ), will support partnerships between justice system officials, health and mental health professionals and community providers designed to reduce arrests, divert individuals from the justice system and deliver the appropriate treatment and other support services to those in need.
“We simply cannot arrest or incarcerate our way out of the challenges presented by untreated mental illness, co-occurring substance use, homelessness and poverty,” said Associate Attorney General Vanita Gupta. “These resources awarded today reaffirm our commitment to support diversion programs and expand community partnerships so that people are connected to the help they need and are kept out of the criminal justice system whenever possible.”
Law enforcement officers are typically first on the scene of a community emergency — whether the crisis is a drug overdose or an episode of psychiatric distress — but they often have neither the training nor the tools to respond adequately. Police departments report an increase in service calls involving people with mental health and substance use disorders, yet the presence of an armed officer often heightens stress and can exacerbate tensions, leading to poor outcomes. Many cities have begun to institute community responder models in which treatment providers and other health professionals are dispatched separately or alongside law enforcement. These approaches were featured during the Taking the Call conference organized by the Council of State Governments Justice Center and the University of Cincinnati in partnership with BJA and headlined by the Attorney General in October.
“A just society is one in which we are able to meet the basic needs of individuals without imposing unnecessary punishments and inflaming community tensions,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “These resources will support and strengthen partnerships between public safety agencies and local organizations, giving communities the tools to deliver badly needed services, reduce reliance on arrests and incarceration for social and behavioral health issues and take steps toward a more fair and equitable system of justice.”
The grants announced today demonstrate the department’s focus on addressing the needs of individuals with behavioral health conditions and build on more than $300 million in new investments this year to fight the opioid and stimulant crisis and address substance use disorders, including drug court and mentoring initiatives, correctional substance use treatment programs and efforts to address the prevention, diversion, treatment and recovery needs of those affected by substance use disorders. Below is a summary of funding tailored to support community crisis response efforts:
- Nearly $18.3 million funds the Connect and Protect: Law Enforcement Behavioral Health Response Program, which supports a law enforcement-behavioral health cross-system collaboration to improve public safety for individuals with mental health or co-occurring mental health and substance use disorders who come in contact with the justice system
- BJA is awarding $11.9 million under its Justice and Mental Health Collaboration Program, which supports public safety efforts through partnerships with social service and other organizations to enhance responses to individuals with mental health or co-occurring mental health and substance use disorders.
- BJA is awarding $2.3 million under the Collaborative Crisis Response Training Program, which supports training to prepare law enforcement and correctional officers to appropriately interact with people who have behavioral health conditions or disabilities.
- NIJ is providing almost $1.5 million under its Research and Evaluation on the Police Response to Homelessness, which supports research and evaluation projects to conduct exploratory research and secondary/open data analysis to assess the range of practices, strategies and tactics used by police to respond to homelessness.
Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Department of Justice Awards More Than $125 Million in Grants Under the Stop School Violence ActRead the Press Release
Note: View the full list of SVPP awards here, view the full list of STOP awards here.
WASHINGTON – The Department of Justice today announced nearly $126 million in funding to advance school safety under the STOP School Violence Act. The grants, awarded by the Office of Justice Programs’ (OJP) Bureau of Justice Assistance (BJA) and the department’s Office of Community Oriented Policing Services (COPS Office), will help institute safety measures in and around primary and secondary schools, support school violence prevention efforts, provide training to school personnel and students, and implement evidence-based threat assessments.
COPS Office grants awarded to Montana total approximately $870,000.
“The Justice Department has no greater responsibility than protecting Americans from harm,” said Attorney General Merrick B. Garland. “Schools must be safe places to learn, and today’s investment of more than $125 million under the STOP School Violence Act will help ensure that they are.”
“School should be a haven for growth and development, not a source of anxiety and fear — and by no means should it ever be the scene of a crime,” said Principal Deputy Assistant Attorney General Amy L. Solomon of OJP. “These investments will help communities address school violence, create better school climates and set up early detection teams to prevent tragedies in our places of learning.”
“The safety of our nation’s children is an essential part of our public safety mission,” said Acting Director Robert Chapman of the COPS Office. “The awards announced today will fund a variety of school safety equipment and programs that will help ensure student success in supportive and safe environments.”
“I am pleased that two Montana school districts, including Ekalaka School District 15 and the Great Falls Public Schools District 1, and the Montana Office of Public Instruction sought and were awarded grants to support school safety programs,” said U.S. Attorney Leif M. Johnson, for the District of Montana. “It is important that we do everything we can to keep students and teachers safe in our public schools.”
COPS Office grants were awarded to the Ekalaka School District 15, $45,976; Great Falls Public Schools District 1, $500,000; and the Montana Office of Public Instruction, $324,122.
The Students, Teachers and Officers Preventing School Violence Act of 2018 (the STOP School Violence Act) gives the Justice Department the authority to provide awards directly to states, units of local government, Indian Tribes and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds through evidence-based school safety programs. It also provides grants to ensure a positive school climate by helping students and teachers recognize, respond quickly to and help prevent acts of violence.
The 78 BJA annual awards, totaling almost $74 million, are intended to support training and education for school personnel and students on preventing violence against others and themselves, including anti-bullying training and specialized training for school officials to respond to mental health crises. Funds also help develop and implement multidisciplinary threat assessment or intervention teams and design technology solutions such as anonymous reporting systems, hotlines and websites.
The COPS School Violence Prevention Program (SVPP) provides up to 75% of the funding for school safety measures in and around primary and secondary schools. The 153 SVPP awards, totaling almost $52 million, are statutorily obligated to be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; locks, lighting and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security.
The full list of SVPP awards can be found here.
A list of BJA awards, as they are made, can be found here.
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.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
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Defendant Returned by Egypt to the United States to Face Charges for Alleged Scheme to Defraud the Kuwaiti EmbassyRead the Press Release
Yesterday, the U.S. District Court for the District of Columbia unsealed the indictment of a man who was returned from Egypt to the United States on Dec. 14 to face fraud and money laundering charges.
According to court documents and statements made during his initial appearance, Ahmed El Khebki, 62, a naturalized U.S. citizen originally from Egypt and Sudan, was returned to the United States by Egyptian authorities. According to court filings, El Khebki and his co-conspirators carried out a scheme to defraud the Kuwaiti Embassy Health Office in Washington, D.C., which arranged and paid for services provided by U.S. medical providers to Kuwaiti citizens who traveled to the United States for medical care. El Khebki and his co-conspirators submitted fraudulent invoices to the Kuwait Embassy Health Office, where other members of the conspiracy signed checks drawn off the Health Office’s U.S. bank account made payable to shell companies created as part of the scheme. In 2014, El Khebki fled the United States. In 2016, two former employees of the Health Office pleaded guilty in the U.S. District Court for the District of Columbia to conspiring with El Khebki and others to launder money embezzled from the Health Office.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Ray Villanueva of Homeland Security Investigations (HSI) Washington, D.C. made the announcement.
The Department of Justice and the Department of Homeland Security thanked Interpol and Egyptian authorities for their assistance in apprehending El Khebki and returning him to the United States. The U.S. Department of State’s Diplomatic Security Service also provided significant assistance.
HSI Washington, D.C. is investigating this case.
Senior Trial Attorney Jonathan T. Baum and Trial Attorney Shai D. Bronshtein of the Criminal Division’s Money Laundering and Asset Recovery Section are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Taylor Energy Company to Pay over $43 Million and Transfer $432 Million Decommissioning Trust Fund to the United States for Gulf of Mexico Oil SpillRead the Press Release
Taylor Energy Company LLC (Taylor Energy), a Louisiana oil and gas company, has agreed to turn over all its remaining assets to the United States upon liquidation to resolve its liability for the oil spill at its former Gulf of Mexico offshore oil production facility — the source of the longest-running oil spill in U.S. history, ongoing since 2004.
Under the proposed consent decree, Taylor Energy will transfer to the Department of the Interior (DOI) a $432 million trust fund dedicated to plugging the subsea oil wells, permanently decommissioning the facility, and remediating contaminated soil. The consent decree further requires Taylor Energy to pay over $43 million for civil penalties, removal costs and natural resource damages (NRD). The State of Louisiana is a co-trustee for natural resources impacted by the spill and the NRD money is a joint recovery by the federal and state trustees.
The United States filed a civil complaint against Taylor Energy in the U.S. District Court in New Orleans on Oct. 23, 2020 — United States v. Taylor Energy Company LLC — seeking removal costs, civil penalties and NRD under the Oil Pollution and Clean Water Acts arising from the discharge of oil from the company’s former oil production facility. Between 2016 and 2020, Taylor Energy filed several lawsuits against the United States, including challenging the Coast Guard’s decision to install a spill containment system and appealing the Coast Guard’s denial of Taylor Energy’s $353 million spill-cost reimbursement claim submitted to the U.S. Oil Spill Liability Trust Fund. The settlement resolves the United States’ environmental enforcement claims against Taylor Energy and requires the company to drop its remaining lawsuits against the United States.
“Offshore operators cannot allow oil to spill into our nation’s waters,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “If an oil spill occurs, the responsible party must cooperate with the government to timely address the problem and pay for the cleanup. Holding offshore operators to account is vital to protecting our environment and ensuring a level industry playing field.”
“Despite being a catalyst for beneficial environmental technological innovation, the damage to our ecosystem caused by this 17-year-old oil spill is unacceptable,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The federal government will hold accountable businesses that violate our Nation’s environmental laws and ensure that any oil and gas company operating within our District meets their professional and legal responsibilities.”
“We are proud of and grateful to the outstanding interagency team of technical and legal experts from the Departments of the Interior and Justice, the U.S. Coast Guard and other agencies who have worked tirelessly for more than a decade to mitigate environmental impacts to the Gulf of Mexico ecosystem, hold the company accountable, and protect the American taxpayer,” said Deputy Secretary of the Interior Tommy Beaudreau.
“For the last three years, the Coast Guard, along with our federal partners, have committed to the challenging mission of containing and removing more than 800,000 gallons of oil discharging into the Gulf of Mexico,” said Captain Will Watson, Sector Commander of the Coast Guard New Orleans. “Containment and removal operations continue to this day. This settlement will provide significant financial resources for the Bureau of Safety and Environmental Enforcement, Bureau of Ocean Energy Management, National Oceanic and Atmospheric Administration (NOAA) and the Coast Guard to permanently secure the wells, protect the marine environment, preserve marine resources and ensure compliance with the Oil Pollution Act of 1990.”
“This settlement represents an important down payment to address impacts from the longest-running oil spill in U.S. history,” said Nicole LeBoeuf, Director of NOAA’s National Ocean Service. “Millions of Americans along the Gulf Coast depend on healthy coastal ecosystems. NOAA and our co-trustees look forward to working in partnership with the National Pollution Funds Center to ensure the region and the ecosystem can recover from this ongoing tragedy.”
Under the settlement, Taylor Energy will pay over $43 million — all of the company’s available remaining assets — allocated as follows: $15 million as a civil penalty, $16.5 million for NRD, and over $12 million for Coast Guard removal costs. Taylor Energy also will transfer to DOI’s Bureau of Ocean and Energy Management (BOEM) $432 million currently held in a trust for decommissioning the Mississippi Canyon (MC)-20 site, and the company will be barred from interfering in any way with the Bureau of Safety and Environmental Enforcement’s (BSEE’s) decommissioning work. Likewise, Taylor Energy may not interfere in any way with the Coast Guard’s oil containment and removal actions. Taylor Energy will turn over to DOI and the Coast Guard all documents (including data, studies, reports, etc.) relating to the site to assist in the decommissioning and response efforts. When Taylor Energy liquidates after court approval of the settlement, it will make a final payment to the United States of the value of its remaining assets.
The settlement also requires the company to dismiss three lawsuits it filed against the United States, including two cases in the Eastern District of Louisiana—Taylor Energy Co. LLC v. Captain Kristi M. Luttrell, in her Official Capacity as Federal On-Scene Coordinator for the MC20 Unified Command and Taylor Energy Co. LLC v. U.S. Department of the Interior — a case pending in the District Court for the District of Columbia, Taylor Energy Co. LLC v. United States.
The spill began in 2004, when a Taylor Energy production platform located in the Gulf of Mexico about 10 miles off the coast of Louisiana collapsed during Hurricane Ivan, resulting in an ongoing oil discharge that continues to this day. Since April 2019, the vast majority of the leaking oil has been successfully captured by a containment system installed and operated by the U.S. Coast Guard through a contractor. Today’s settlement was filed by the Justice Department on behalf of the Coast Guard, DOI and the federal and state trustees for natural resources. The designated federal trustees for the natural resources impacted by Taylor Energy’s oil spill are the U.S. Department of Commerce through the NOAA and DOI through the U.S. Fish and Wildlife Service. The designated state trustees are the Louisiana Oil Spill Coordinator’s Office, Department of Public Safety & Corrections; Louisiana Department of Natural Resources; Louisiana Department of Environmental Quality; Louisiana Department of Wildlife and Fisheries; and the Louisiana Coastal Protection and Restoration Authority.
The settlement was filed as a proposed consent decree and is subject to a 40-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Justice Department Awards More Than $110 Million to Support Currently and Formerly Incarcerated IndividualsRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced awards totaling more than $110.7 million to reduce recidivism and support adults and youth returning to their communities after confinement.
OJP’s Bureau of Justice Assistance (BJA), National Institute of Justice (NIJ) and Office of Juvenile Justice and Delinquency Prevention (OJJDP) are awarding grants to jurisdictions, non-profit organizations, research institutions and other agencies in support of evidence-based approaches to reintegrate formerly incarcerated individuals into communities.
“We are committed to ensuring that formerly incarcerated individuals get the treatment, training and support they need after returning to their communities,” said Associate Attorney General Vanita Gupta. “We must help them reunite with their families, find a place to live, obtain health care services and behavioral health support, get an education and enter the work force. These resources are critical to successful reintegration and promote the health and safety of our communities.”
Expanding reentry opportunities is a key priority of the Biden-Harris Administration, which is taking steps to make the criminal justice system fairer, more efficient and more effective at reducing recidivism. Community reintegration is a core feature of the President’s Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety. The Justice Department is actively engaged in eliminating barriers to successful reentry, helping formerly incarcerated individuals compete for jobs, attain stable housing and support their families.
“These resources — and investments being made by agencies across the federal government — will help catalyze and bolster systemic solutions to address the substantial reentry needs felt by hundreds of thousands of people across the nation,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “If we truly believe in second chances and the power of redemption, we must provide those who leave our jails, prisons and confinement facilities with the tools and support to assume a positive and productive role in our society.”
In FY 2021, BJA is providing a total of $94 million to adult reentry and recidivism reduction programs. More than $60 million is being awarded through its Second Chance Act grant programs, which are designed to help communities develop and implement comprehensive and collaborative strategies to address reentry and recidivism challenges. This funding includes:
- More than $6.5 million through its FY 2021 Second Chance Act Pay for Success Initiative. This program provides funding for state, local and tribal governments to enhance or implement performance-based and outcomes-based contracts with reentry, permanent supportive housing or recovery housing providers to reduce recidivism, and address the substance use disorders that some formerly incarcerated people experience.
- More than $26.3 million through its FY 2021 Second Chance Act: Adult Reentry Education, Employment, Treatment and Recovery Program. This program is designed to improve correctional educational and employment services for incarcerated populations and to improve treatment services for individuals with substance use disorders.
- More than $12.9 million through its FY 2021 Second Chance Act Community-Based Reentry Program. This program provides funding to implement or expand reentry programs that demonstrate strong partnerships with corrections, parole, probation and other reentry service providers.
- More than $3.5 million through its FY 2021 Swift, Certain, and Fair Supervision Program: Applying the Principles Behind Project HOPE. This program provides funding to state, local and Tribal community supervision agencies to develop and test new or enhanced applications of the swift, certain and fair principles of intervention to reduce recidivism and improve outcomes for people under community supervision.
- $500,000 through its FY 2021 The HOPE Institute: Applying the Principles of Swiftness, Certainty, and Fairness Program. This program funds training and technical assistance organizations that will provide information, resources and other forms of assistance to state, local and Tribal community supervision agencies that are seeking to develop, test and enhance applications of the SCF principles using a data-driven, collaborative process that is informed by research and responsive to local settings.
- $5 million through the FY 2021 Innovations in Reentry Initiative: Building System Capacity & Testing Strategies to Reduce Recidivism Program. This program provides resources to states, units of local government and federally recognized Indian Tribal governments to plan, implement or expand effective reentry practices and service delivery systems that address individuals’ needs and reduce recidivism.
- $4.8 million through the FY 2021 Smart Probation: Innovations in Supervision Initiative. This program provides funding to state, local and Tribal community corrections agencies to improve supervision practices to increase positive outcomes, prevent recidivism and reduce crime in their jurisdictions.
In addition, BJA is bringing on two Second Chance Fellows who have lived experience and possess significant reentry policy and practice expertise to provide strategic guidance to BJA and its partners on reentry policies and practices. One was selected for a proposal to create statewide blueprints in two states to strengthen the reentry continuum and elevate the voices of formerly incarcerated people. Another was selected for a proposal to restore and enhance access to education for people with prior criminal justice involvement. The department will have more information to share about the fellows program in the new year.
In addition to the adult Second Chance Act programs above, BJA is awarding:
- More than $29.6 million through the FY 2021 Residential Substance Abuse Treatment for State Prisoners Program to help states develop and implement residential substance use disorder treatment programs within state correctional facilities, as well as within local correctional and detention facilities, so that individuals receive the care they need to successfully return to their communities.
- $3.4 million through the FY 2021 Implementing the PREA Standards, Protecting Inmates, and Safeguarding Communities Program. This program provides funding for projects designed to prevent, detect and respond to sexual abuse and sexual harassment in confinement facilities and to achieve and maintain compliance with the Prison Rape Elimination Act standards.
In FY 2021, OJJDP is awarding more than $16 million to enhance reentry services for juveniles and for incarcerated parents with children under 18 returning to their communities to include:
- Nearly $4.5 million under its Second Chance Act Addressing the Needs of Incarcerated Parents with Minor Children Program, which helps states and localities develop or expand services that meet the needs of incarcerated parents and their minor children to prevent violent crime, reduce recidivism and strengthen family relationships.
- Nearly $10 million under its Second Chance Act Youth Reentry Program. This program provides grants to state, local and Native American Tribal governments and nonprofit organizations to provide reentry services and programs to youth.
- $1.5 million under the Family-Based Alternative Sentencing Program, which builds capacity of states, state and local courts, units of local government and federally recognized Tribal governments to implement new, or enhance existing, alternative sentencing programs for parents in the criminal justice system to improve family outcomes.
In FY 2021, NIJ is awarding more than $2 million through its FY 2021 Research and Evaluation on Promising Reentry Initiatives Program to perform rigorous research that examines the success of reentry strategies, programs and practices.
Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Awards Almost $141 Million to Protect ChildrenRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced grant awards totaling nearly $141 million to help protect children from exploitation, trauma and abuse, while also funding improvements in the judicial system’s handling of child abuse and neglect cases.
“The Justice Department has a solemn responsibility to help keep young people safe and out of harm’s way,” said Attorney General Merrick B. Garland. “These grants provide a wide variety of investigative and trauma-informed resources that will help law enforcement and child-serving professionals address child exploitation and abuse.”
These awards will provide law enforcement officials, child advocates and service providers the means to protect children from abuse and sexual exploitation. Funds will help develop, enhance and strengthen investigative and trauma-informed services to assist youth, while supporting robust training and technical assistance efforts to ensure the professionals working with these youth have the tools they need to be successful.
“Protecting our children, securing their health and well-being, and addressing the trauma that too many young people have experienced are central to our mission at the Office of Justice Programs,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “These grants will give public safety professionals and those who serve our children and youth the tools they need to keep kids safe from harm and put them on the path to a safe and bright future.”
Grants from OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) and National Institute of Justice (NIJ) are distributing millions of dollars to local, state and Tribal jurisdictions throughout the United States, territories and the District of Columbia.
Below is a list of funded grants:
Missing and Exploited Children
- Nearly $37 million funds the National Center for Missing & Exploited Children (NCMEC), which enables the center’s operations and provides support, technical assistance and training to help law enforcement locate and recover missing and exploited children.
- Another $6 million is being awarded to NCMEC’s National Resource Center and Clearinghouse (NRCC) as part of an interagency agreement between OJJDP and the U.S. Secret Service. The NRCC helps prevent child abduction and sexual exploitation, and provides training and technical assistance to victims, their families and the professionals who serve them.
- About $4.4 million supports the National AMBER Alert Training and Technical Assistance Program to help the AMBER Alert network improve law enforcement’s response to abducted children and encourage public participation in their recovery.
Internet Crimes Against Children
- Over $29.5 million is being awarded under the Internet Crimes Against Children (ICAC) Task Force Program to conduct forensic examinations and to investigate and prosecute technology-facilitated child sexual exploitation throughout the U.S.
- Another $3.3 million is being awarded under the National ICAC Training Program to provide core training programs for ICAC investigators.
- About $3 million funds OJJDP’s Strengthening Internet Crimes Against Children Technological Investigative Capacity, which enables ICAC task forces and their affiliates to improve technology that combats child pornography, exploitation and sex trafficking.
Victims of Child Abuse
- Under the Victim of Child Abuse Act (VOCA), more than $21 million funds the Children’s Advocacy Centers (CAC) National Subgrants Program in three categories: National Subgrants Program, National Subgrants Program for Victims of Child Pornography and National Military Partnership Program.
- An additional $5 million in continuation funding is being awarded to four organizations via the VOCA Regional Children’s Advocacy Center program. This program supports regional centers that help to establish multidisciplinary teams, local programs and state chapter organizations that respond to child abuse and neglect, and that deliver training and technical assistance.
- Another $2.5 million is being awarded under the Children’s Advocacy Center’s Membership and Accreditation Program, which supports training and technical assistance to implement national standards for CACs.
- Over $11 million is being awarded to help improve outcomes for foster children through the Court Appointed Special Advocates Training and Technical Assistance and Subgrants Program.
- Over $3 million is being awarded for Child Abuse Training for Judicial and Court Personnel to improve the judicial system’s role in child abuse and neglect cases with an emphasis on eliminating prolonged foster care placement.
Children Exposed to Violence and Child Protection
- More than $7 million is being awarded to communities under the Strategies to Support Children Exposed to Violence Program to develop or enhance support services for children exposed to violence and to implement community violence intervention strategies. Funding also supports training and technical assistance for program sites.
- Another nearly $3 million in grants funds Supporting Effective Interventions for Adolescent Sex Offenders and Children with Behavior Problems, which helps communities provide a continuum of intervention and supervision services for adolescent sex offenders, children with behavior problems and treatment services for their victims and families.
- Nearly $900,000 funds the Post-Secondary Education Opportunities for Child Protection Professionals, which supports the training of future mandated reporters and child protection professionals.
Research
- NIJ is awarding about $1.5 million to fund Research to Reduce Trauma for Child Pornography Victims.
Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Founder of Werner Enterprises to Pay Civil Penalty for Violating Antitrust Pre-Transaction Notification RequirementsRead the Press Release
The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia against Clarence L. Werner (Werner). Werner is the founder of Werner Enterprises Inc. (Werner Enterprises), one of the largest truckload carriers in the United States.
The lawsuit alleges that Werner violated the pre-transaction notification and waiting period requirements of the Hart-Scott-Rodino Act of 1976 (HSR Act) for acquisitions of Werner Enterprises voting securities, several of which were large open-market acquisitions made while he was serving as a director of Werner Enterprises. At the same time, the department filed a proposed settlement, subject to approval by the court, under which Werner has agreed to pay a $486,900 civil penalty to resolve the lawsuit.
The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo pre-transaction antitrust review. Federal courts can assess civil penalties for pre-transaction notification violations under the HSR Act in lawsuits brought by the department. The maximum civil penalty for an HSR Act violation, which is adjusted annually, is currently $43,792 per day.
Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.
Consistent with the requirements of the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period via email to [email protected] or by post to Maribeth Petrizzi, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, CC-8416, Washington, D.C. 20580. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
Federal-State Clean Water Act Settlement Resolves Sewer Overflow Violations in Bucks County, PennsylvaniaRead the Press Release
The United States and Commonwealth of Pennsylvania, Department of Environmental Protection (DEP), filed a civil lawsuit against the Bucks County Water and Sewer Authority (the Authority), alleging violations of the federal Clean Water Act and Pennsylvania Clean Steams Law. The violations primarily consist of sanitary sewer overflows – typically in the form of wastewater overflowing from manholes – and operation and maintenance violations under its state-issued permits.
At the same time the civil suit was filed, the United States and Commonwealth of Pennsylvania also filed a proposed consent decree that would resolve the lawsuit subject to the district court’s approval. The Authority will pay a $450,000 penalty and will be obligated to devote substantial resources to evaluate and upgrade its sewer systems as part of the decree.
The Authority owns and operates hundreds of miles of sewer pipes and associated treatment plants and wastewater collection and conveyance systems, largely situated in Bucks County. The Authority’s service areas have historically suffered from sanitary sewer overflows, including over 100 that have occurred in Plumstead Township since 2014. In that timeframe, multiple overflows have also occurred in Bensalem, Richland, Doylestown Borough, Middletown, Upper Dublin and New Hope/Solebury.
Sanitary sewer overflows constitute unauthorized discharges of pollutants into waterways. Properly designed, operated and maintained sanitary sewer systems are meant to collect and transport sewage to a treatment facility. Overflows occur for a variety of reasons, including severe weather, improper system design, equipment failures, poor management, improper operation and maintenance and vandalism.
Sanitary sewer overflows pose a substantial risk to public health and the environment. The main pollutants in raw sewage from overflows are bacteria, pathogens, nutrients, untreated industrial wastes, toxic pollutants, such as oil, pesticides, wastewater solids and debris.
Along with the financial penalty, the Authority has agreed to evaluate its collection system and adopt extensive measures to ensure compliance with the federal and state requirements. These include monitoring water flow; modelling the collection system; conducting inflow and infiltration evaluations; identifying and remedying hydraulic capacity limitations; addressing illegal sewer connections; and improving its overall operation and maintenance program.
“We’re pleased that the water and sewer authority has agreed to take extensive steps to upgrade and improve sewer systems for Bucks County, particularly the Plumstead area,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “The federal Clean Water Act requires communities to eliminate or reduce their sewage overflows into the nation’s rivers, lakes, and oceans. Today’s agreement furthers that and will result in a cleaner, safer Delaware River.”
“The consent decree will mean less sewage in streets, basements, and waterways to improve the lives of citizens in Bucks County,” said U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. “We thank the Authority for working cooperatively to reach this resolution that will surely improve public health and environmental quality.”
“Sewer overflows pollute rivers and streams and can expose local residents to toxic pollutants,” said Acting Assistant Administrator Larry Starfield for the Environmental Protection Agency (EPA)’s Office of Enforcement and Compliance Assurance. “Today’s settlement will reduce sewer overflows, which mean a cleaner, safer environment for residents of Bucks County.”
“Protecting the air, land, and water from pollution, while providing for the health and safety of our citizens is the very mission of our agency,” said Secretary Patrick McDonnell of DEP. “We are accomplishing just that through this coordinated and cooperative effort, not only with our federal partners at EPA, but with the Bucks County Water and Sewer Authority as well.”
The Authority cooperated with the investigation. As part of the settlement, it did not admit liability for the alleged violations.
The proposed consent decree, which has been filed in the U.S. District Court for the Eastern District of Pennsylvania, is subject to a 30-day public comment period and approval by the federal court. The consent decree will be available for viewing at https://www.justice.gov/enrd/consent-decrees.
The case was handled by Civil Chief Gregory B. David, former Assistant U.S. Attorney John T. Crutchlow, and Pamela Lazos, Senior Assistant Regional Counsel for the EPA. Supervisory Counsel William H. Gelles handled the case on behalf of the Commonwealth of Pennsylvania’s DEP.
Department of Justice Awards More Than $300 Million to Fight Opioid and Stimulant Crisis and to Address Substance Use DisordersRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced grant awards totaling more than $300 million to help combat America’s substance use crisis, which has worsened during the coronavirus pandemic.
“Against the backdrop of the COVID-19 pandemic, the nation is experiencing a precipitous rise in opioid and stimulant misuse and overdoses,” said Attorney General Merrick B. Garland. “The Justice Department is committed to supporting programs aimed at addressing the substance use crisis that is devastating communities across the nation.”
The most recent provisional data from the Centers for Disease Control and Prevention indicates that, “there were an estimated 100,306 drug overdose deaths in the United States during the 12-month period ending in April 2021, an increase of 28.5% from the 78,056 deaths during the same period the year before.”
“The substance use crisis in American society has been a persistent and deadly problem for decades, and illicitly manufactured fentanyl and synthetic opioids have tightened the grip drugs have on our society,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Biden-Harris Administration is working diligently to address these problems by committing unprecedented levels of funding toward research, substance use treatment and mental health services, along with investments in enforcement, response and evidence-based treatment.”
OJP’s Bureau of Justice Assistance (BJA) and Office of Juvenile Justice and Delinquency Prevention (OJJDP) are distributing millions of dollars in grant awards aimed at addressing the substance use crisis throughout the nation. In addition to these grants, OJP is awarding $34 million to help communities respond to public safety and public health emergencies, including crises that result from substance use disorders.
Below is a list of awards being made in Fiscal Year 2021 to address the opioid and stimulant crisis and the needs of individuals with substance use disorders:
- BJA is awarding more than $137 million under its Comprehensive Opioid, Stimulant and Substance Abuse Site-Based Program, which will help communities address the prevention, diversion, treatment and recovery needs of those affected by substance use disorders. Another $9.7 million is funding related training and technical assistance.
- More than $61.6 million under BJA’s Adult Drug and Veteran Treatment Court Program will help states, state courts, local courts and federally recognized tribal governments implement and enhance the operations of adult drug courts and veteran treatment courts. Another $15.7 million is funding related training and technical assistance.
- BJA is awarding $29.6 million to support the Residential Substance Abuse Treatment for State Prisoners Program, which helps states develop and implement residential substance use treatment programs, including medication assisted treatment within correctional and detention facilities.
- BJA is awarding nearly $29.6 million to fund the Harold Rogers Prescription Drug Monitoring Program, which enhances the capacity of regulatory and law enforcement agencies and public health officials to collect and analyze controlled substance prescription data and other scheduled chemical products through a centralized database administered by an authorized agency.
- OJJDP is awarding $16 million to support Mentoring for Youth Affected by the Opioid Crisis and Drug Addiction, which supports services for youth who are currently using or at-risk for using drugs or to youth with family members who have a substance use disorder.
- OJJDP is awarding more than $8.9 million to support the Opioid Affected Youth Initiative, which will support states, communities, tribes and nonprofits implementing programs and strategies that treat children, youth and families impacted by the opioid epidemic.
- OJJDP’s Juvenile Drug Treatment Court Program is awarding nearly $7.9 million to jurisdictions to establish or enhance juvenile drug treatment courts and to improve court system operations and treatment services.
- OJJDP is awarding $13.8 million across 14 jurisdictions under its Family Drug Court Program to build the capacity of state and local courts, units of local government and federally recognized tribal governments to implement family drug court practices. The program aims to increase collaboration with substance use treatment and child welfare systems to ensure the provision of treatment and other services that improve child, parent and family outcomes.
Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Biglari Holdings Inc. to Pay Civil Penalty for Repeat Violation of Antitrust Pre-Transaction Notification RequirementsRead the Press Release
The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia against Biglari Holdings Inc. (Biglari Holdings), a restaurant chain owner and investment fund operator.
The lawsuit alleges that Biglari Holdings violated the pre-transaction notification and waiting period requirements of the Hart-Scott-Rodino Act of 1976 (HSR Act) for two acquisitions of Cracker Barrel Old Country Store Inc. voting securities made on March 16, 2020. At the same time, the department filed a proposed settlement, subject to approval by the court, under which Biglari Holdings has agreed to pay a $1,374,190 civil penalty to resolve the lawsuit.
The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo pre-transaction antitrust review. Federal courts can assess civil penalties for pre-transaction notification violations under the HSR Act in lawsuits brought by the department. The maximum civil penalty for an HSR Act violation, which is adjusted annually, is currently $43,792 per day.
Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.
Consistent with the requirements of the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period via email to [email protected] or by post to Maribeth Petrizzi, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, CC-8416, Washington, D.C. 20580. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
Statement by Attorney General Merrick B. GarlandRead the Press Release
Attorney General Merrick B. Garland issued the following statement in reference to today’s Office of Legal Counsel opinion on home confinement:
“Thousands of people on home confinement have reconnected with their families, have found gainful employment, and have followed the rules. In light of today’s Office of Legal Counsel opinion, I have directed that the Department engage in a rulemaking process to ensure that the Department lives up to the letter and the spirit of the CARES Act. We will exercise our authority so that those who have made rehabilitative progress and complied with the conditions of home confinement, and who in the interests of justice should be given an opportunity to continue transitioning back to society, are not unnecessarily returned to prison.”
Operators of Three Texas Pharmacies and Two Pain Clinics Arrested for Illegally Dispensing Nearly Four Million Opioid PillsRead the Press Release
Three Houston-area pharmacists, a doctor, and a pharmacy technician have been arrested for allegedly running three pharmacies and two clinics as “pill mills;” distributing hydrocodone, oxycodone, and other controlled drugs without a legitimate medical purpose.
According to court documents, since January 2018, Chrisco Pharmacy (Chrisco), Keystone Pharmacy (Keystone), and Peoples Pharmacy (Peoples) illegally dispensed nearly four million pills of the Schedule II opioids hydrocodone and oxycodone. Keystone owner and pharmacist-in-charge Anthony Obute, 46, of Houston, was indicted yesterday in the U.S. District Court for the Southern District of Texas for illegally distributing and dispensing hydrocodone and the Schedule IV muscle relaxer carisoprodol. According to the filed criminal complaint leading to Obute’s arrest on Dec. 2, Obute operated Keystone as a pill mill, illegally distributing hydrocodone and oxycodone. The complaint further alleges that from about September 2018 to about September 2020, Obute directed Keystone to purchase around 1.1 million of the highest-strength, short-acting hydrocodone and oxycodone pills commercially available, which he then sold to so-called “crew leaders,” or drug traffickers who pay individuals to pose as patients in order to obtain pills to sell onto the black market.
Ophelia Emeakoroha, 50, of Pearland, was arrested on Dec. 2 on a criminal complaint, filed in the U.S. District Court for the Southern District of Texas, alleging that Emeakoroha, the pharmacist-in-charge at Peoples, illegally distributed and dispensed hydrocodone and oxycodone. According to court documents, from about Jan. 1, 2019, to about Dec. 31, 2019, Emeakoroha caused Peoples to purchase around 250,000 of the highest-strength, short-acting hydrocodone and oxycodone pills commercially available, which she then sold to crew leaders in a scheme similar to Keystone’s.
Shivarajpur Ravi, M.D., 65, of Houston, was arrested on Dec. 2 on a criminal complaint, filed in the U.S. District Court for the Southern District of Texas, alleging that he operated two pill-mill clinics in the Houston area, which he used to illegally distribute and dispense hydrocodone and carisoprodol. According to court documents, undercover officers obtained illegitimate prescriptions from Ravi, once in 2020 at his clinic operating out of 12555 Ste. B Gulf Freeway in Houston, and again at a new clinic located at 3333 Bayshore Dr., Ste. 250, Pasadena, which he opened in 2021. The papers detail how crew leaders were observed paying for groups of patients, filling out their paperwork, and coaching them on what to say to the doctor as they waited to be seen. The 2020 purported consult with Ravi is alleged to have lasted less than two minutes, after which officers had the prescription filled at Keystone. In both cases, the visit ended with Ravi prescribing large quantities of hydrocodone and carisoprodol.
A few weeks prior to the arrests of Obute, Emeakoroha, and Ravi, Christopher Obaze, 61, of Richmond, and Eric Tubbe, 36, of Rosenberg, were arrested on charges brought in the U.S. District Court for the Southern District of Texas related to their alleged illicit operation of Chrisco as a pill mill. The eight-count indictment alleged that in doing so, Obaze and Tubbe conspired to illegally distribute and dispense hydrocodone and oxycodone, maintained Chrisco as a drug-involved premises in proximity to a facility for children, and laundered their ill-gotten gains, using the proceeds to promote the enterprise, depositing cash in amounts below $10,000 to avoid bank reporting requirements, and transferring the proceeds through numerous accounts to obscure the funds’ origins. Obaze was also charged with tax crimes. According to court documents, from around January 2018, to around October 2021, Obaze was the pharmacist-in-charge and Tubbe was a pharmacy technician at Chrisco, which the two men used as a front to purchase and then illegally sell around 2.25 million of the highest-strength short-acting hydrocodone and oxycodone pills commercially available. The indictment alleges that Obaze and Tubbe sold the pills, in bulk, directly to drug traffickers, without the involvement of doctors, prescriptions, or patients.
Federal charges related to the illegal distribution of Schedule II opioids like hydrocodone and oxycodone, which all of the indicted defendants face, carry statutory maximums of 20 years in prison. Obaze and Tubbe are both charged with money laundering crimes that carry statutory maximums of 10 and 20 years in prison, while Obaze’s tax charges carry a statutory maximum of three years. 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; Administrator Anne Milgram of the Drug Enforcement Administration (DEA); Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division; Assistant Special Agent in Charge Ramsey E. Covington of the IRS Criminal Investigation (IRS-CI) Houston Field Office; Acting Special Agent in Charge Conrad Barnett of U.S. Postal Service Office of Inspector General (USPS-OIG); Acting Inspector in Charge Dana Carter of the U.S. Postal Inspection Service, Houston Division; Texas Attorney General Office’s Medicare Fraud Control Unit (MFCU); and Houston Police Department (HPD) made the announcement.
The DEA, HPD, FBI, MFCU, IRS-CI, USPS-OIG, and U.S. Postal Inspection Service are investigating the cases.
Trial Attorney Drew Pennebaker of the Criminal Division’s Fraud Section is prosecuting the cases.
Indictments and criminal complaints are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Old Town Man Sentenced for Possessing Short-Barreled ShotgunRead the Press Release
BANGOR, Maine: An Old Town man was sentenced in federal court today for possessing an unregistered firearm, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge Lance E. Walker sentenced Stephen Warren, 38, to four years and two months in prison and two years of supervised release. Warren pleaded guilty in July 2021.
According to court records, on September 8, 2020, Warren was stopped by an Old Town police officer. Warren was issued a summons for operating a motor vehicle with a suspended license and served with a protection order. Warren was told not to operate his car due to his suspended license. He ignored this order, however, and drove away from the area. Following a brief pursuit, Warren was stopped and arrested.
A subsequent inventory search of Warren’s car revealed a short-barreled shotgun without a serial number. The shotgun was not registered to him in the National Firearms Registration and Transfer Record (NFRTR). Federal law prohibits the possession of an unregistered weapon made from a shotgun if the modified weapon has a barrel less than 18 inches in length or an overall length of less than 26 inches.
“These firearms are more dangerous because they are easily concealed and devastating when used at close range,” said U.S. Attorney McElwee. “As a result, anyone who seeks to possess one of these weapons must comply with the registration requirements of the National Firearms Act.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Old Town Police Department investigated the case as part of the Justice’s Project Safe Neighborhood (PSN) initiative.
PSN is a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, community leaders and other stakeholders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. PSN is coordinated by the U.S. Attorneys’ Offices in the 94 federal judicial districts throughout the 50 states and U.S. territories. PSN is customized to account for local violent crime problems and resources. Across all districts, PSN follows four key design elements of successful violent crime reduction initiatives: community engagement, prevention and intervention, focused and strategic enforcement, and accountability.
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Justice Department Finds that Manson Youth Institution Violates the U.S. Constitution and the Individuals with Disabilities Education ActRead the Press Release
The Department of Justice’s Civil Rights Division announced today that it has concluded an investigation into whether Manson Youth Institution is violating the Eighth and Fourteenth Amendments of the U.S. Constitution and the Individuals with Disabilities Education Act (IDEA) with respect to children in the facility.
The department’s investigation concluded that there is reasonable cause to believe that Manson’s isolation practices and inadequate mental health services seriously harm children, under age 18, and place them at substantial risk of serious harm. In addition, Manson fails to provide adequate special education services to children with disabilities. These violations are pursuant to a pattern or practice of resistance to the full enjoyment of rights protected by the Constitution and federal law.
“Children in adult correctional facilities do not forfeit their constitutional and federal rights,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation uncovered systemic evidence that children are deprived of the mental health and special education services they need to become productive, successful adults. When children misbehave, Manson frequently subjects them to harmful periods of isolation, despite evidence that children are uniquely vulnerable to the traumatic and lasting damage isolation causes. The Civil Rights Division is committed to protecting the constitutional rights of children in correctional facilities to ensure they have access to the resources these facilities are legally required to provide.”
The Civil Rights Division’s Special Litigation Section initiated the investigation pursuant to the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act of 1994, which together authorize the department to address a pattern or practice of deprivation of constitutional and federal rights of children confined to state or local government-run correctional facilities. Individuals with relevant information are encouraged to contact the department via phone at 1- 833-223-1565 or by email at [email protected].
The Civil Rights Division is committed to safeguarding the rights of children held in detention facilities across the country. For example, the division recently opened a statewide investigation of Texas’s secure juvenile facilities to examine whether Texas provides children confined in the facilities reasonable protection from physical and sexual abuse by staff and other residents, excessive use of chemical restraints and excessive use of isolation. The Texas investigation will also examine whether Texas provides adequate mental health care. In South Carolina, in another investigation involving a state juvenile justice facility, the division recently issued findings that the state fails to keep children reasonably safe from harm caused by punitive and excessive isolation, as well as harm inflicted by other children.
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.
Justice Department Alleges That Chicopee, Massachusetts, Housing Authority and its Executive Director Discriminated Against Tenants on the Basis of Race, National Origin and DisabilityRead the Press Release
The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Massachusetts announced today that they have filed an amended complaint alleging that the Chicopee Housing Authority and its Executive Director, Monica Blazic, violated federal law by discriminating against residents based on race, national origin and disability. These allegations, which are significantly broader than those in the original complaint, include claims under the Fair Housing Act (FHA), the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The original complaint, filed in April, alleged that the defendants had discriminated against one tenant because of her disability.
The amended complaint alleges that, since at least 2013, Blazic has made discriminatory statements to and about Black and Hispanic tenants, including using racial slurs to describe current and potential residents, indicating a preference against having Black and Hispanic residents and demanding that Spanish-speaking residents speak English. According to the department’s amended complaint, Blazic’s statements have intimidated and threatened Black and Hispanic tenants. The department also alleges that residents with disabilities who requested reasonable accommodations, such as transfers to first-floor or elevator-accessible units, have waited for years, even though the Housing Authority could have accommodated them.
“It is simply inexcusable for the head of a public housing authority to repeatedly use racial slurs and make other bigoted statements about Black and Hispanic residents, or for the housing authority to repeatedly violate the rights of residents with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice will vigorously pursue housing providers who use brazenly unlawful and discriminatory conduct to threaten and intimidate tenants. All people deserve access to housing free from discrimination.”
“Bigotry has no place in public housing,” Acting U.S. Attorney Nathaniel R. Mendell of the District of Massachusetts. “We expect our public officials to operate with common decency and respect, not with bias and prejudice. That someone could operate in such an important public position and engaged in this conduct going on for so long, is disturbing.”
“Racial discrimination and discrimination against persons living with disabilities have absolutely no place in our country’s housing market, and those who discriminate must be held accountable,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office for Fair Housing and Equal Opportunity. “HUD applauds the Justice Department for taking today’s action and will continue supporting its efforts to hold housing providers accountable when they fail to meet their obligations under the nation’s housing laws.”
The matter was originally investigated by HUD, which issued a charge of discrimination against the Housing Authority and Blazic after finding that they violated the FHA by failing to allow a tenant to transfer to a first-floor or elevator-accessible unit to accommodate her disability. After the department filed the lawsuit, HUD made a second referral under the ADA and the Rehabilitation Act after finding that this was not an isolated incident, but rather, the result of a systemic practice of discrimination based on disability. For example, the amended complaint alleges that the tenant applied for a transfer based on her disability in 2017, and since that time the Housing Authority offered 10 vacant apartments – any one of which could have accommodated the tenant – to other individuals.
The lawsuit seeks an order requiring the defendants to cease discrimination against any tenant based on race, national origin or disability, pay damages to individuals who were harmed by the defendants’ discriminatory conduct, pay civil penalties to the government to vindicate the public interest and modify policies and procedures, including those for responding to requests by residents to accommodate their disabilities.
Individuals who have information about this case can contact the U.S. Attorney’s Office by calling 1-617-275-756 or by emailing [email protected].
The Justice Department’s Civil Rights Division enforces the FHA, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status, and the ADA and the Rehabilitation Act, which prohibit discrimination because of disability. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals wishing to report discrimination in housing may call the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291 or submit a report online.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, visit www.justice.gov/usao-ma/civil-rights.
Montana Federal Court Finds Tax Shelter Promoter Liable for over $8 Million in Penalties for Timeshare Donation SchemeRead the Press Release
On Dec. 16, following a bench trial in May 2021, a federal court in the District of Montana ruled that James Tarpey, a Montana-based attorney, is liable for approximately $8,465,000 in penalties for promoting a tax shelter involving improper deductions for donating timeshares.
In 2015, the government initially filed an action to enjoin Tarpey and others from engaging in a scheme of purportedly donating timeshare interests for large tax deductions. The court permanently barred Tarpey from promoting the timeshare donation scheme. The court also ruled that Tarpey made false statements resulting in tax avoidance. Tarpey agreed to an injunction in 2016, which remains in full effect.
According to court documents, Tarpey formed Project Philanthropy Inc. dba Donate for Cause (DFC) as a non-profit organization in 2006, and that “DFC allowed timeshare owners who faced burdensome timeshare fees and expenses to donate their unwanted timeshares.” The court found that Tarpey and others prepared appraisals for timeshares that were donated to DFC, and that Tarpey promised potential customers generous tax savings from donations of their unwanted timeshares. In a March 2019 order, the court concluded that the Treasury Regulations disqualified Tarpey and his appraisers from conducting timeshare appraisals for DFC because they “lacked sufficient independence[.]” The court further concluded that these “false appraisals resulted in tax avoidance” and that “Tarpey knew, or had reason to know, that” “he made false statements.” The court’s 2019 ruling left open the amount of Tarpey’s penalty, however.
In its final order, issued Dec. 16, the court ruled on the amount of the penalty. The court found that the gross income amount that Tarpey derived from the entire scheme was at least $19,623,437, and this would lead to a penalty of over $9.8 million. However, the court agreed with the United States to limit the penalty against Tarpey to $8,465,000 (plus interest), the amount that the government had sought in its counterclaim.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Trial Attorneys Richard G. Rose, Harris J. Phillips and Gretchen E. Nygaard of the Tax Division litigated this case. IRS agents and the attorneys at the IRS Office of Chief Counsel provided support.
Further information about the recent enforcement efforts of the Tax Division against unscrupulous tax-return preparers and tax-fraud promoters is available here on the Justice Department’s website. An alphabetical listing of persons enjoined from promoting tax schemes and preparing returns can be found on this page. If you become aware of an abusive tax scheme being promoted, please report it to the IRS.
Louisiana Federal Court Permanently Shuts Down Hammond Tax PreparerRead the Press Release
A federal court in the Eastern District of Louisiana has permanently enjoined a Hammond tax return preparer from preparing federal income tax returns for others and from owning or operating any tax return business in the future.
According to the court order entered Dec. 20, Kenisha Callahan consented to entry of the injunction. The order requires that Callahan send notice of the injunction to her prior customers. The order also permits the United States to conduct post-judgment discovery to monitor Callahan’s compliance with the injunction.
The civil complaint filed against Callahan alleged that she reported fabricated income or losses, and false filing statuses, in order to maximize her customers’ earned income tax credit. Further, the complaint alleged that Callahan impermissibly lowered some of her customers’ tax liabilities by falsely claiming unreimbursed employee business expenses and charitable gifts for individuals who were not entitled to claim such deductions.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department and CFPB Put Landlords and Mortgage Servicers on Notice About Servicemembers’ and Veterans’ RightsRead the Press Release
The Department of Justice and Consumer Financial Protection Bureau (CFPB) issued two joint letters today regarding important legal housing protections for military families. One letter was sent to landlords and other housing providers regarding protections for military tenants. A second letter was sent to mortgage servicers regarding military borrowers who have already exited or will be exiting COVID-19 mortgage forbearance programs in the coming weeks and months.
The letter to landlords and other housing providers reminds property owners of the important housing protections for military tenants, some of whom may have had to relocate or make other changes to their housing arrangements in response to the crisis. While military families enjoy the same legal protections and privileges afforded to all other homeowners and tenants, they also have additional housing protections under the Servicemembers Civil Relief Act (SCRA), which is enforceable by the Justice Department and servicemembers themselves.
The letter to mortgage servicers comes in response to complaints from military families and veterans on a range of potential mortgage servicing violations, including inaccurate credit reporting, misleading communications to borrowers and required lump sum payments for reinstating their mortgage loans. These complaints are being reviewed for compliance by the CFPB with the Coronavirus Aid, Relief and Economic Security (CARES) Act and other applicable requirements.
“The Department of Justice takes seriously its responsibility to safeguard the rights of servicemembers and veterans,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While servicemembers carry the great burdens of this nation, they should not have to worry that their sacrifices will result in economic harm to their families. Mortgage servicers and landlords must ensure that they are in full compliance with federal laws intended to protect servicemembers and their families during military service.”
“The illegal foreclosures of military families in the last crisis was one of the financial industry’s worst failures,” said Director Rohit Chopra of CFPB. “The CFPB will be closely watching mortgage servicers and will hold them accountable for illegal tactics perpetrated against military families.”
During the COVID-19 pandemic, roughly 7.6 million homeowners entered forbearance. While the majority have resumed their regular mortgage payments, approximately 1.25 million borrowers – many of whom are military borrowers – remain in forbearance programs that will expire at the end of the year. Ensuring that mortgage servicers comply with their legal obligations is crucial, especially since a decade ago some large financial institutions illegally seized the homes of military families, sending their lives into a tailspin. These violations were a result of breakdowns in the mortgage servicing industry that were severe and widespread. The result was numerous settlements with regulators, including a $186 million settlement between the Justice Department and some of the country’s largest mortgage servicers.
Servicemembers have several legal protections under the SCRA that are designed to enable them to devote their entire energy to the national defense. These include, for example, a prohibition on foreclosing on certain servicemembers’ mortgages without court orders, the ability for military families to terminate residential leases early, and without penalty, upon receipt of military orders, and a prohibition on evicting military families from their homes without court orders. In addition, under the CARES Act and Regulation X, servicemembers and veterans have the same protections available to all mortgage borrowers. These include, for example, streamlined COVID hardship forbearance options, requirements that mortgages receiving a COVID-19 hardship forbearance be reported as “current” to credit reporting agencies if the loan was current before entering forbearance under the CARES Act and requirements in the Bureau’s Regulations X and Z for treatment of delinquent borrowers and borrowers who have applied for loss mitigation.
The Justice Department and CFPB are calling on mortgage servicers and landlords to ensure that military homeowners and tenants are safeguarded during the pandemic and benefit equally from the nation’s economic recovery.
Justice Department Will Award $1.6 Billion to Reduce Violent Crime and Strengthen CommunitiesRead the Press Release
Attorney General Merrick B. Garland today announced the Department of Justice will award $1.6 billion in grant awards to support a wide range of programs designed to reduce violent crime and strengthen communities. The grants, which are being distributed to communities and organizations throughout the nation, are administered by the department’s Office of Justice Programs (OJP).
“The Department of Justice is committed to supporting our state and local partners to combat crime across the country,” said Attorney General Garland. “This latest round of funding will deliver critical public safety resources, helping public safety professionals, victim service providers, local agencies and nonprofit organizations confront these serious challenges.”
As law enforcement agencies address a range of public safety challenges – from violent crime to human trafficking to retail thefts – these awards will provide additional tools to advance violence intervention activities and evidence-based police and prosecution strategies. Funds are also intended to reduce recidivism, help people coming out of prisons and jails make the transition back into their communities and support responses to crises like drug overdoses and episodes involving mental illness. These grants build on earlier OJP investments, including more than $1.2 billion to support victim assistance and compensation programs, $187 million under the state formula Edward Byrne Memorial Justice Assistance Grants Program, more than $175 million in funding for victim services and public safety in American Indian and Alaska Native communities, over $21 million in grants to address hate crimes and $17.5 million in Project Safe Neighborhoods grants. The COPS office also funded the hiring of over 1,000 officers in 183 police departments this year.
Some of the awards address the rise in gun violence and other violent crime in communities across America, in alignment with the Biden-Harris Administration’s commitment in April. These grants help support the department’s Comprehensive Strategy for Reducing Violent Crime, announced in May, and will advance President Biden’s Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, released in June.
“These investments reflect a commitment that extends across this administration to invest in our neighborhoods, building bonds of civic trust and ending the cycle of trauma and violence that destroys too many lives and keeps far too many Americans from realizing their potential,” said Principal Deputy Assistant Attorney General Amy L. Solomon of OJP.
A full list of awards, as they are made, will be available on the OJP Grant Awards page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Sues Ophthalmology Practice with 24 Facilities for Discriminating Against Individuals with Disabilities who Use WheelchairsRead the Press Release
The Justice Department today filed a lawsuit against Barnet Dulaney Perkins Eye Center PC (BDP), an optometry and ophthalmology medical provider, for discriminating against patients who, because of their disabilities, need assistance in transferring from their wheelchairs to the surgical table for outpatient eye surgery. BDP operates 24 facilities in Arizona.
The lawsuit, filed in the U.S. District Court for Arizona, alleges that BDP violated the Americans with Disabilities Act (ADA) by refusing to provide patients with disabilities the transfer assistance they need — assistance that is routinely provided by healthcare providers across the country. Instead, BDP requires these patients to hire third-party medical support personnel to transport them to and from BDP facilities and to provide transfer assistance at the facilities. Patients who are transported by third-party medical support personnel are brought into the facilities on gurneys or stretchers and are required to remain on them until surgery. This practice denies patients with disabilities full and equal access to BDP’s health care services and impermissibly imposes a disability-based surcharge on such patients by forcing them to pay extra for treatment.
“Discrimination on the basis of disability is unacceptable anywhere, and especially in the critically important area of health care,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Discriminatory healthcare practices deny individuals with disabilities access to essential services and can delay needed treatment. Through this lawsuit, the department continues to vigorously enforce the ADA, which has prohibited discriminatory treatment by medical providers for more than 30 years.”
Through the lawsuit, the department asks the court to stop BDP from discriminating against individuals with disabilities, including by training its staff to provide patients with assistance in transferring to and from their wheelchairs. The department also seeks money damages for those people who were harmed by BDP’s discriminatory policy, including those who were forced to pay for third-party transfer assistance in order to receive services.
If you believe that you or someone you know was required to pay for third-party medical support personnel to provide transfer assistance at or transportation to and from a BDP Eye Center, please contact 1-866-380-2003 (toll-free), or send an email to [email protected]. For more information on the ADA, please call the Department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt. The complaint can be viewed here.
Team Telecom Recommends FCC Grant Google and Meta Licenses for Undersea CableRead the Press Release
Today, the Department of Justice announced that Team Telecom entered into National Security Agreements with Google LLC and its subsidiary GU Holdings Inc., and Meta Platforms Inc. (formerly known as Facebook Inc.) and its subsidiary Edge Cable Holdings USA LLC to protect data on the Pacific Light Cable Network (PLCN) system, an undersea fiber optic cable system that will connect the United States, Taiwan and the Philippines.
The agreements were made with the Departments of Justice (DOJ), Defense (DOD), and Homeland Security (DHS) in their roles as members of the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications and Services Sector (known informally as Team Telecom), and were coordinated with committee advisors listed in section 3(d) of Executive Order 13913 (2020). The Executive Branch has recommended that the Federal Communications Commission (FCC) condition any license to operate the PLCN system on compliance with the National Security Agreements.
“These agreements enable Google and Meta to take advantage of critical, additional cable capacity while protecting U.S. persons’ privacy and security through terms that reflect the current threat environment,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, who leads Team Telecom’s work for the Justice Department. “This resolution also demonstrates Team Telecom’s ability to resolve complex cases involving critical infrastructure in a timely matter, thanks to recent reforms of our structure and process.”
Under the National Security Agreements, Google and Meta (and their subsidiaries) have agreed to (among other terms):
- Conduct annual assessments of risk to sensitive data that transits the PLCN cable system, including when the data exits the cable;
- Pursue diversification of interconnection points in Asia, including but not limited to Indonesia, Philippines, Thailand, Singapore and Vietnam; and
- Restrict access to information and infrastructure by Pacific Light Data Communications Co. Ltd (PLDC), the Hong Kong-based owner of PLCN that withdrew its application for an FCC license.
In June 2020, the committee publicly recommended that the FCC partially deny a previous application for PLCN with respect to PLCN’s proposed connections to Hong Kong and to the portions of the PLCN owned by PLDC. Shortly after that recommendation, the applicants withdrew the original PLCN application. Google’s and Meta’s subsidiaries then filed a new FCC application removing Hong Kong and seeking to operate only the United States, Taiwan and Philippines portions of PLCN.
The National Security Agreements are justified by the current national security environment, including:
- the PRC government’s sustained efforts to acquire the sensitive personal data of millions of U.S. persons;
- the PRC government’s access to other countries’ data through both digital infrastructure investments and recent PRC intelligence and cybersecurity laws; and
- changes in the market that have transformed subsea cable infrastructure into increasingly data-rich environments that are vulnerable to exploitation.
Through appropriate mitigation agreements like these, the committee seeks to protect the national security interests of the United States while preserving global access to U.S. information and communications technology systems.
The committee was established pursuant to Executive Order 13913, and the Attorney General’s role as Chair of the Committee is carried out by the Department of Justice’s National Security Division, Foreign Investment Review Section. The Department of Homeland Security and the Department of Defense are fellow members of the committee. More information concerning the agreements is available on the FCC’s International Bureau Filing System (IBFS), under Docket Number SCL-LIC-20200827-00038.