District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Justice Department Settles with Cooler Production Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Department of Justice announced today that it reached a settlement with Igloo Products Corp., a company that produces coolers, jugs and hydration products, based in Katy, Texas. The settlement resolves the department’s claims that Igloo did not consider workers in the United States (such as U.S. citizens, U.S. nationals, asylees, refugees and recent lawful permanent residents) for certain jobs because the company set aside those positions for workers on temporary work visas.
The department’s investigation concluded that Igloo failed to consider applicants in the United States for seasonal production helper positions because the company assumed that U.S. workers would not be interested in temporary seasonal employment. Instead, Igloo reserved its seasonal production helper positions for workers with H-2B visas based on their immigration status. Under the Immigration and Nationality Act (INA), employers generally cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process. In addition, the Department of Labor requires employers seeking permission to hire H-2B workers to first hire all qualified and available U.S. workers who apply by the relevant deadline.
“Employers cannot favor workers on temporary visas and ignore applications from qualified U.S. workers because of assumptions based on citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will not tolerate unlawful employment discrimination and is committed to holding violators accountable.”
Under the terms of the settlement agreement, Igloo will pay $21,000 in civil penalties to the United States and will make $40,000 in back pay available to eligible discrimination victims. Igloo will also change its policies and procedures to comply with the INA’s anti-discrimination provision, train its employees on the requirements of the law, undertake additional recruitment efforts before seeking H-2B visas in the future, and be subject to monitoring for a three-year period to ensure the company is complying with the agreement.
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 citizenship status and national origin discrimination 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. 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 can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.
Justice Department Awards Nearly $104 Million to Help Crime Victims in Indian CountryRead the Press Release
The Office for Victims of Crime (OVC), a component of the Department of Justice’s Office of Justice Programs (OJP), has awarded nearly $104 million to serve victims in tribal communities, of which nearly $101 million was awarded through the Crime Victims Fund Tribal Victim Services Set-Aside.
More than 140 awards were made through the Tribal Victim Services Set-Aside formula program to fund culturally-appropriate victim services to meet the needs of Tribal communities.
“American Indian and Alaska Native crime victims deserve the same access to services and the same level of support available to survivors in other communities,” said Associate Attorney General Vanita Gupta. “This administration, and this Department of Justice, are committed to fully discharging our responsibilities to Indian nations, especially to those who have experienced the pain and loss that follow victimization. These funds will help establish, expand and enhance services that are vital to recovery and healing.”
The funds can be used for many victim services purposes, including the development, enhancement and implementation of programs; strategic planning; and needs assessments. Funds may also be used to offer shelter and transitional housing services; crisis abuse intervention; legal services; medical and dental care; mental health care; transportation; and education and employment readiness.
“American Indians and Alaska Natives experience crime and victimization at disproportionate rates, and they are often unable to access the services they need to begin the road to healing,” said Acting Assistant Attorney General Amy L. Solomon of the Justice Department’s Office of Justice Programs. “These awards will support service providers as they undertake the critical work of helping survivors meet basic material and emotional needs and rediscover hope in the wake of tragedy.”
Under the Set-Aside, OVC is:
- Supporting Tribal grantees with capacity building, training and technical assistance ($6.8 million) through the Tribal Set-Aside Training and Technical Assistance Program, the Tribal Financial Management Center and the Human Trafficking Capacity Building Center;
- Updating the Tribal Resource Tool ($199,999) which maps the availability of victim services in Tribal communities;
- Contributing to the Tribal Access Program ($420,000);
- Conducting the next National Indian Nations Conference ($680,796);
- Transferring funding to the Bureau of Indian Affairs to support the Federal Crime Victim Assistance Fund ($30,000) and Victim Specialist positions (more than $1.7 million); and
- Providing funding to the Bureau of Justice Assistance to support Coordinated Tribal Assistance Solicitation Purpose Area 2 ($250,000) and Tribal construction contracts ($251,332).
In addition to funds available to support Tribal communities under the Set-Aside, the remaining $3 million will be awarded under the Children’s Justice Act Partnership to Tribes to respond to cases involving criminal child abuse and neglect.
The Crime Victims Fund was established by the Victims of Crime Act of 1984. It is financed, not by tax dollars, but from criminal fines, forfeited bail bonds, penalty fees and special assessment fees collected by U.S. Attorneys’ Offices, U.S. Courts and the Bureau of Prisons.
Additional information about FY 2021 grant awards from the OJP can be found online at the OJP Award Data Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Announces More Than $73 Million to Help Crime Victims and Improve Public Safety in American Indian and Alaska Native CommunitiesRead the Press Release
The Department of Justice today announced that it will award 137 grants to 85 American Indian and Alaska Native communities, for a total of $73 million, to improve public safety and serve crime victims. The announcement was made during the White House Tribal Nations Summit taking place virtually today and tomorrow.
These funds are designed to help enhance tribal justice systems and strengthen law enforcement, improve the handling of child abuse cases, combat domestic violence and support tribal youth programs.
“The Justice Department is pleased to make the Coordinated Tribal Assistance Solicitation available to federally recognized tribes, providing a transparent and simple process to apply for grants that best align with their community’s needs,” said Associate Attorney General Vanita Gupta. “This one-step application makes it possible for tribes to access critical resources to help them meet the critical public safety needs of their communities.”
More than four in five of American Indian and Alaska Native adults have experienced some form of violence in their lifetime, according to the Bureau of Justice Statistics. This equates to nearly three million people who have experienced stalking, sexual violence, psychological aggression or physical violence by intimate partners.
“Each year, the department invests millions of dollars to help our Tribal partners confront the challenges of violent crime and domestic abuse in their communities and strengthen their public safety infrastructure,” said Acting Assistant Attorney General Amy L. Solomon for the Justice Department’s Office of Justice Programs. “We are pleased to support the critical work that Tribal nations are undertaking in communities across the country.”
More than $73 million will be awarded under CTAS, a streamlined application which helps tribes apply for tribal-specific grant programs that enhance law enforcement and tribal justice practices, expand victim services and sustain crime prevention and intervention efforts. CTAS grants are administered by OJP ($48 million) and the Office of Community Oriented Policing Services (COPS Office) ($25 million).
“These grants provide vital resources to Tribal law enforcement and their communities by offering equipment and training, along with resources to help officers understand and better serve their communities in areas of domestic abuse, stalking and sex trafficking, and alleviate the detrimental effects that substance abuse and crime have on individuals and their families,” said Acting Director Robert Chapman of the COPS Office
The COPS Office also awarded $400,000 to Western Oregon University to create a structured and tribal-centered innovative approach to enhance the operation of the criminal justice system to address the concerns of the American Indian and Alaska Native communities regarding missing and murdered indigenous people, particularly missing and murdered women and girls.
In addition to CTAS funding, OJP has awarded more than $100 million through the Tribal Victim Services Set-Aside to improve services for crime victims in Tribal communities. OJP’s Office for Victims Crime is supporting tribal grantees with capacity building, training and technical assistance (more than $6.8 million) and an update of the Tribal Resource Tool ($199,999), which maps the availability of victim services in tribal communities. An additional $2.9 million will be awarded under the Children’s Justice Act Partnership to tribes to enhance the handling of cases centered around criminal child abuse and neglect.
The department also funded $6.5 million through OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending Registering and Tracking to help Tribes comply with federal law on sex offender registration and notification.
Information about FY 2021 grant awards from the Office of Justice Programs can be found online on the OJP Grant Awards Page. The page will be updated as awards are made.
Information about FY 2021 grant awards from the COPS Office can be found online at the COPS Grant 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.
The COPS Office is the component of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation's state, local, territorial and Tribal law enforcement agencies through information and grant resources. More information about the COPS Office can be found at https://cops.usdoj.gov/.
Honeywell and Others to Fund Restoration of Natural Resources and Conserve Natural Habitat Along the Buffalo River in Buffalo, New YorkRead the Press Release
Under a proposed settlement to resolve liability for natural resource damages, Honeywell International Inc. and others have agreed to a settlement with a value of approximately $6.25 million to restore natural resources and their services, and to preserve, in perpetuity, over more than 70 acres of natural undeveloped habitat along the Buffalo River in Buffalo, New York. The proposed settlement, which was filed under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund), will, if approved by the court, benefit the entire city of Buffalo community, including low-income and Black, Indigenous and minority neighborhoods historically overburdened by environmental pollution.
Today’s action was filed by the Department of Justice on behalf of the U.S. Department of the Interior’s Fish and Wildlife Service, the State of New York on behalf of the New York State Department of Environmental Conservation (DEC) and the Tuscarora Nation, as trustees for the natural resources that were harmed by the release of hazardous substances into the Buffalo River. The complaint alleges that Honeywell is the successor to Allied Chemical Corp./Buffalo Color Corp., which manufactured dyestuffs and/or organic chemicals at a facility along the River, and discharged process and cooling waters containing hazardous substances into the River from the mid-1960s to the early 1970s. As part of the proposed settlement, Honeywell entered into separate agreements with ten other entities that were also allegedly responsible for releasing hazardous substances into the River. These hazardous substances caused injuries to natural and cultural resources in and along the Buffalo River, such as migratory birds, fish and mammals, as well as the sediment and groundwater.
“The Justice Department is committed to working with state and Tribal partners to restore and preserve natural resources and their services for the benefit of the public, including low-income and minority communities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The proposed settlement shows how we will strive to promote environmental justice in holding polluters to account.”
“This settlement is a favorable result that provides for substantial restoration work in the area surrounding the Buffalo River,” said U.S. Attorney Trini E. Ross of the Western District of New York. “The proposed natural resource restoration projects will enhance access to the Buffalo River and the natural habitat for the use and enjoyment of everyone in the community.”
“The settlement will preserve the remaining natural habitat along the Buffalo River, within the urban environment of the City of Buffalo, providing benefits for migratory birds that use the adjacent Niagara River, an Important Bird Area and Ramsar designated wetland,” said Regional Director Wendi Weber of the North Atlantic-Appalachian Region for the U. S. Fish and Wildlife Service. “It will also enhance recreational opportunities and provide local communities with greater access to the river, helping to connect people to nature.”
“Today’s announcement is the hard-earned result of years of advocacy and scientific investigation conducted by New York State, our federal partners and the Tuscarora Nation to hold the responsible parties accountable for decades of pollution that contaminated the Buffalo River,” said DEC Commissioner Basil Seggos. “We look forward to continuing to work together with our federal, Nation, and local partners to support the ongoing transformation of the city of Buffalo and continue our work reconnecting New Yorkers to a cleaner, healthier Buffalo River.”
The settlement will restore native species on over 70 acres of land that will be preserved in perpetuity in its undeveloped condition along the Buffalo River in an otherwise predominantly urban environment. Public access will also be provided to a portion of the City Ship Canal, allowing for recreational fishing from the shoreline. The conservation of the undeveloped land along the River, including portions of the Ship Canal, Concrete Central and Houghton Park, is valued at approximately $2 million. The conservation portion of the proposed settlement will provide increased habitat and natural aesthetic value, and additional trails for public use.
The settlement also includes the payment of $4.25 million for proposed natural resource restoration projects to create natural habitat and access to the River for the use and enjoyment of the public, including local low-income and minority community members. A portion of the recovery will also be used to fund cultural and ecological restoration programs on behalf of Tuscarora Nation. The trustees are engaged in joint restoration planning efforts, including through a proposed restoration plan that is currently subject to public comment. The draft restoration plan is available for review at: https://www.fws.gov/northeast/nyfo/ec/files/buffalo/DRAFT_Buffalo_River_Restoration_Plan_Environmental_Assessment_September_2019.pdf
The proposed settlement has been lodged in the U.S. District Court, Western District of New York, and is subject to a public comment period and final court approval. The consent decree can be viewed at the Department of Justice website: www.justice.gov/enrd/Consent_Decrees.html.
El Departamento de Justicia Llega a un Acuerdo con una Compañía de Fabricación de Hieleras que Resuelve unas Denuncias de Discriminación Relacionada con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Igloo Products Corp., una compañía que fabrica hieleras, jarras y productos de hidratación con sede en Katy, Texas. El acuerdo resuelve las acusaciones del Departamento de que Igloo no consideró a trabajadores en los Estados Unidos (tales como ciudadanos de los EE. UU., asilados, refugiados y residentes permanentes legales recientes) para ciertos trabajos porque la compañía los había reservado para trabajadores con visas laborales temporales.
La investigación del Departamento concluyó que Igloo no consideró a postulantes en los Estados Unidos para puestos como asistentes de producción estacional porque la compañía supuso que trabajadores en este país no estarían interesados en empleo estacional temporal. En su lugar, Igloo reservó sus puestos de asistentes de producción estacional para trabajadores con visas H2-B, con base en su estatus migratorio. Conforme la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés), los empleadores no pueden, por norma general, discriminar a trabajadores por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en ningún momento durante el proceso de contratación. Asimismo, el Departamento de Trabajo requiere que cualquier empleador que pida permiso para contratar a trabajadores H-2B contrate primero a todos los trabajadores cualificados y disponibles en este país que soliciten un puesto antes de la fecha límite relevante.
«A los empleadores no se les permite favorecer a trabajadores con visas temporales y hacer caso omiso de solicitudes provenientes de trabajadores cualificados en este país por motivos de suposiciones basadas en el estatus migratorio o la ciudadanía», afirmó Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia no tolerará discriminación ilícita en el empleo y está comprometido a hacer a cualquier infractor rendir cuentas».
Conforme los términos del acuerdo conciliatorio, Igloo pagará $21,000 a los Estados Unidos por concepto de sanciones civiles y pondrá $40,000 a la disponibilidad de víctimas de discriminación elegibles. Por otra parte, Igloo cambiará sus políticas y procedimientos para que estos cumplan con la disposición antidiscriminatoria de la INA, capacitará a sus empleados en cuanto a los requisitos de la ley, en el futuro realizará esfuerzos adicionales de reclutamiento antes de buscar a trabajadores con visas H2-B y será supervisado durante un período de tres años para garantizar que la compañía esté cumpliendo con el acuerdo.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1‑800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1‑800‑237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
Download Settlement Agreement.pdf
Mexican National Extradited from Brazil to Face International Cocaine Trafficking ChargeRead the Press Release
A Mexican national was extradited from Brazil to the United States on Nov. 10 to face international drug trafficking charges. Jose Gonzalez-Valencia, aka Jafett Arias-Becerra, aka La Chepa, aka Camaron, and aka Santy, 46, arrived in the United States on Wednesday and made his initial court appearance yesterday in Washington, D.C. Superior Court. He is detained pending his appearance on Friday afternoon before U.S. Magistrate Judge Robin M. Meriweather in D.C. District Court.
According to court documents, beginning in as early as 2006, Gonzalez-Valencia conspired with others to import more than five kilograms of cocaine into the United States from a foreign country. According to court documents, Gonzalez-Valencia is alleged to be a high-ranking leader of the Los Cuinis drug-trafficking organization (DTO), which is based in Jalisco State in Mexico. Los Cuinis is closely aligned with the Cartel de Jalisco Nueva Generacion (CJNG). Together, Los Cuinis and CJNG form one of the largest, most dangerous, and prolific drug cartels in Mexico. They have been and continue to be responsible for trafficking ton quantities of illegal drugs into the United States and employing extreme violence to further that objective. The close alliance between Los Cuinis and CJNG is strengthened by familial ties between the criminal organizations: Nemesio Oseguera Cervantes, aka Mencho, the leader of CJNG, is married to Rosalinda Gonzalez-Valencia, who is the defendant’s sister.
“The United States will continue to work with global partners to pursue those who seek to import illegal drugs into our country,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “U.S. law enforcement can, and will, target individuals who are responsible for funneling large quantities of illegal and dangerous drugs into our communities here at home.”
“Today’s extradition of Jose Gonzalez-Valencia showcases the commitment of Drug Enforcement Administration’s (DEA) agents and prosecutors to bring alleged international drug traffickers to justice,” said DEA Administrator Anne Milgram. “Gonzalez-Valencia will face a jury in the United States after allegedly trafficking cocaine for more than a decade.”
A grand jury in the District of Columbia returned an indictment against Gonzalez-Valencia on Oct. 26, 2016. In December 2017, Gonzalez-Valencia was arrested by Brazilian police in Fortaleza, Brazil, at the request of the United States, where he remained detained pending his extradition.
Gonzalez-Valencia is charged with conspiracy to distribute five kilograms or more of cocaine, knowing and intending that it will be unlawfully imported to the United States. If convicted, Gonzalez-Valencia faces a mandatory minimum sentence of 10 years in federal prison and a statutory maximum sentence of life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case is part of “Operation Stir the Pot,” which was supported by the Organized Crime and Drug Enforcement Task Force (OCDETF). The DEA’s Los Angeles Field Division is investigating with the assistance of DEA Brasilia.
Deputy Chief Anthony Nardozzi and Trial Attorneys Kate Naseef and Kaitlin Sahni of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of Enforcement Operations and Office of International Affairs have also provided significant assistance.
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 Requires Substantial Divestitures and Waiver of a Non-Compete for S&P to Proceed with its Merger with IHS MarkitRead the Press Release
The Department of Justice announced today that it will require S&P Global Inc. (S&P) to divest three of IHS Markit Ltd.’s (IHSM) price reporting agency (PRA) businesses to resolve antitrust concerns arising from their proposed $44 billion merger. PRAs provide critical price discovery for numerous commodity markets, including markets where trades are done off-exchange in private transactions that are not subject to reporting obligations. The divestitures of Oil Price Information Services (OPIS), Coals, Metals, and Mining (CMM), and PetrochemWire (PCW) will maintain competition in PRA services and protect customer access to essential pricing information. In addition, the department will require OPIS to end a 20-year non-compete with GasBuddy, a popular crowd-sourced retail gas price information app that has long provided OPIS with pricing data for resale to commercial customers. This non-compete has effectively prevented GasBuddy — a company well positioned to enter the retail gas price data market — from launching a data service that would compete with OPIS.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed merger and to prevent OPIS from enforcing its non-compete with GasBuddy. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harms alleged in the complaint.
“Without these significant divestitures, the proposed merger would have led to higher prices and lower quality for PRA customers throughout the United States,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “The divestitures will preserve competition for PRA services, which are vital to the proper functioning of commodity markets and promote transparency in the financial markets. The remedy also demonstrates the department’s commitment to curtail the anticompetitive use of non-compete agreements.”
According to the complaint, as originally proposed, the merger would eliminate significant head-to-head competition between S&P’s Platts division and IHSM’s OPIS, CMM, and PCW businesses in providing PRA services for refined petroleum products, coal and petrochemicals. In these markets, PRA price assessments are often used as a price term in supply agreements and as the basis for settling hedging instruments like futures contracts. In the United States, S&P and IHSM are two of the three largest competitors in PRA services for refined petroleum products and coal; similarly, S&P and IHSM are two of the four largest competitors in PRA services for petrochemicals.
The complaint also alleges that the 20-year non-compete contained in OPIS’s exclusive data license with GasBuddy has effectively prevented GasBuddy from launching a data service that would compete with OPIS. The waiver of this horizontal restraint will remove a barrier that has prevented healthy competition in the sale of retail gas price data.
Under the terms of the proposed settlement, S&P and IHSM must divest OPIS, CMM, and PCW to Dow Jones. Dow Jones is a provider of business and financial news and related data products and services. The proposed settlement also requires S&P and IHSM to waive the exclusivity and non-compete provisions contained in the data license agreement between OPIS and GasBuddy.
The department expresses thanks to its enforcement partners in the European Commission, the United Kingdom’s Competition and Markets Authority, and Canada’s Competition Bureau for their close and constructive collaboration on this matter, which enabled a thorough investigation and resulted in remedies that will preserve competition throughout North America and Europe.
S&P and IHSM are both financial and commodity information conglomerates, providing data, indices, pricing assessments, news and analytics to participants in various financial and commodity markets around the world. S&P is a New York corporation, headquartered in New York City, with reported global 2020 revenues of $7.4 billion. IHSM is a Bermuda corporation, headquartered in London, with reported global 2020 revenues of $4.3 billion.
As required by the Tunney Act, the proposed settlement, along with a 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 to Owen M. Kendler, Chief, Financial Services, Fintech, and Banking Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 4000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Three Individuals Charged with $3.5 Million Scheme to Collect Contributions for Fraudulent Political Action CommitteesRead the Press Release
Two California men and one Texas man have been indicted by a federal grand jury in Austin, Texas, for their alleged involvement a scheme to operate two fraudulent political action committees (PACs) during the 2016 federal election cycle. The indictment was unsealed yesterday after being returned on Nov. 2.
As alleged in the indictment, Matthew Nelson Tunstall, 34, of Los Angeles, California; Robert Reyes, Jr., 38, of Hollister, California; and Kyle George Davies, 29, of Austin, Texas, solicited contributions to Liberty Action Group PAC and Progressive Priorities PAC under the guise that the PACs were affiliated with or meaningfully supporting specified candidates for public office. Between January 2016 and April 2017, the defendants obtained approximately $3.5 million from unwitting donors based on false and misleading representations and used those funds to enrich themselves and to pay for additional fraudulent advertisements soliciting donations. Tunstall and Reyes are also alleged to have laundered more than $350,000 in illegal proceeds from the scheme through a third-party vendor to conceal the use of those funds for their own benefit.
Tunstall and Reyes are both charged with conspiracy to commit wire fraud and to make a false statement to the Federal Election Commission (FEC), multiple counts of wire fraud, and multiple counts of money laundering. Davies is charged with conspiracy commit wire and to make a false statement to the FEC, and multiple counts of wire fraud. Tunstall made his initial appearance yesterday in the U.S. District Court for the Central District of California; Reyes and Davies will make their initial appearances today in the U.S. District Courts for the Northern District of California and the Western District of Texas, respectively. If convicted of all counts, Tunstall and Reyes both face a maximum total penalty of 125 years in prison. If convicted of all counts, Davies faces a maximum total penalty of 65 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office made the announcement.
The investigation was conducted by the FBI’s San Antonio Division, Austin Resident Agency. Trial Attorneys Rebecca M. Schuman and Michael N. Lang of the Criminal Division’s Public Integrity 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.
New York Donut Shop Operators Convicted of Tax EvasionRead the Press Release
A federal jury in Utica, New York, convicted a New York couple and their son today for conspiring to defraud the United States and for tax evasion.
According to evidence presented at trial and court documents, John Zourdos, his wife Helen Zourdos, and their son Dimitrios Zourdos, all of Rome, New York, operated three Dippin Donuts stores with locations in Rome and New Hartford. From 2013 to 2017, the defendants concealed more than $2.8 million in cash sales from the IRS, and evaded more than $650,000 in individual taxes, by depositing cash directly into their personal bank accounts instead of business bank accounts, providing incomplete information to their accountant and causing their accountant to file false individual and corporate tax returns with the IRS. The defendants also used unreported cash sales to fund a lavish lifestyle that included, among other things, the purchase of multiple luxury vehicles. Evidence at trial further showed that the defendants paid some employees “off the books” cash wages for overtime hours. They paid other employees entirely “off the books” in cash for all hours worked.
John, Helen and Dimitrios Zourdos were each convicted of one count conspiracy to defraud the United States, seven counts of tax evasion, and seven counts of aiding and assisting in the filing of false corporate tax returns. Sentencing hearings for all three defendants will be scheduled at a later date. All face a maximum penalty of five years in prison on each count of conspiracy and tax evasion, and three years in prison on each count of assisting the filing of false tax returns. 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 Carla B. Freedman of the Northern District of New York made the announcement.
IRS-Criminal Investigation investigated the case.
Assistant Chief John N. Kane of the Tax Division and Assistant U.S. Attorney Michael F. Perry for the Northern District of New York are prosecuting the case.
Justice Department Sues Uber for Overcharging People with DisabilitiesRead the Press Release
The Justice Department today filed a lawsuit against Uber Technologies Inc. (Uber) for charging “wait time” fees to passengers who, because of disability, need more time to enter a car. Uber’s policies and practices of charging wait time fees based on disability have harmed many passengers and potential passengers with disabilities throughout the country. The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges that Uber violated Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination by private transportation companies like Uber.
In April 2016, Uber began charging passengers wait time fees in a number of cities, eventually expanding the policy nationwide. Wait time fees start two minutes after the Uber car arrives at the pickup location and are charged until the car begins its trip.
The department’s complaint alleges that Uber violates the ADA by failing to reasonably modify its wait time fee policy for passengers who, because of disability, need more than two minutes to get in an Uber car. Passengers with disabilities may need additional time to enter a car for various reasons. A passenger may, for example, use a wheelchair or walker that needs to be broken down and stored in the car. Or a passenger who is blind may need additional time to safely walk from the pickup location to the car itself. The department’s lawsuit alleges that, even when Uber is aware that a passenger’s need for additional time is clearly disability-based, Uber starts charging a wait time fee at the two-minute mark.
The lawsuit seeks relief from the court, including ordering Uber to stop discriminating against individuals with disabilities. Additionally, the department asks the court to order Uber to modify its wait time fee policy to comply with the ADA; train its staff and drivers on the ADA; pay money damages to people subjected to the illegal wait time fees; and pay a civil penalty to vindicate the public’s interest in eliminating disability discrimination.
“People with disabilities deserve equal access to all areas of community life, including the private transportation services provided by companies like Uber,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This lawsuit seeks to bring Uber into compliance with the mandate of the Americans with Disabilities Act while sending a powerful message that Uber cannot penalize passengers with disabilities simply because they need more time to get into a car. Uber and other companies that provide transportation services must ensure equal access for all people, including those with disabilities.”
“Uber’s wait time fees take a significant toll on people with disabilities,” said Acting U.S. Attorney Stephanie M. Hinds for the Northern District of California. “Passengers with disabilities who need additional boarding time are entitled to access ridesharing services without discrimination. This lawsuit seeks to assist people with disabilities to live their lives with independence and dignity, as the ADA guarantees.”
If you believe you have been a victim of disability discrimination by Uber because you, or someone you were traveling with, were charged wait time fees, please contact 833-591-0425 (toll-free), 202-305-6786, 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.
Justice Department Requires Divestitures in Lactalis’s Acquisition of Kraft Heinz’s Natural Cheese Business in the United StatesRead the Press Release
The Department of Justice announced today that it will require B.S.A. S.A. (Lactalis) and The Kraft Heinz Company (Kraft Heinz) to divest Kraft Heinz’s Athenos and Polly-O businesses in order to proceed with Lactalis’s proposed acquisition of Kraft Heinz’s natural cheese business in the United States.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.
“The Antitrust Division is committed to enforcing the antitrust laws in markets that impact Americans’ day-to-day lives,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “This transaction, as originally proposed, would have led to higher-priced and lower-quality feta and ricotta, two popular cheeses that American consumers regularly purchase to feed their families. Today’s settlement will maintain the competition in the sale of feta and ricotta cheeses that would have been lost if the transaction were permitted to go forward without the required divestitures.”
Lactalis’s U.S. subsidiary, Lactalis American Group Inc., and Kraft Heinz are the two largest suppliers of feta cheese — sold under their respective Président and Athenos brands — to grocery stores and other retailers in the United States. They are also the two largest suppliers of ricotta cheese — sold under their respective Galbani and Polly-O brands — to grocery stores and other retailers in the New York City metropolitan area and four metropolitan areas in Florida: Miami/Ft. Lauderdale, Tampa/St. Petersburg, Orlando and Jacksonville.
Under the terms of the proposed settlement, the parties must divest Kraft Heinz’s Athenos business — including the worldwide rights to the Athenos brand, under which Kraft Heinz sells feta and other products — to Emmi Roth USA Inc. (Emmi Roth) or an alternative acquirer approved by the United States. Emmi Roth is an established cheese supplier based in Fitchburg, Wisconsin. With the divestiture of Kraft Heinz’s Athenos business, Emmi Roth, or an alternative qualified acquirer, will be able to expand its feta cheese sales to grocery stores and other retailers across the United States.
The proposed settlement also requires the parties to divest Kraft Heinz’s Polly-O business — including the worldwide rights to the Polly-O brand, under which Kraft Heinz sells ricotta and other cheeses — to BelGioioso Cheese Inc. (BelGioioso) or an alternative acquirer approved by the United States. BelGioioso is an established cheese supplier based in Green Bay, Wisconsin. With the divestiture of Kraft Heinz’s Polly-O business, BelGioioso, or an alternative qualified acquirer, will be able to expand its ricotta cheese sales to grocery stores and other retailers in New York and Florida.
The divestitures are structured to include the entirety of the Athenos and Polly-O businesses, so as to avoid customer confusion that could have resulted had the brands been used by both Lactalis and the divestiture buyers. The divestitures, including the worldwide rights to the entire Athenos and Polly-O portfolios, also place the divestiture buyers in the position to market and promote all the cheeses sold under these brands, as Kraft Heinz does today.
Lactalis is headquartered in Laval, France. Its subsidiary, Lactalis American Group Inc., generated natural cheese sales — primarily under the Galbani and Président brands — of more than $429 million at retail outlets in the United States in 2020.
Kraft Heinz is a Delaware corporation co-headquartered in Pittsburgh, Pennsylvania, and Chicago, Illinois. Retail sales of Kraft Heinz’s natural cheeses in the United States exceeded $2.2 billion in 2020. Kraft Heinz sells natural cheese in the United States primarily under the Kraft, Cracker Barrel, Athenos and Polly-O brand names.
As required by the Tunney Act, the proposed settlement, along with a 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 to Eric D. Welsh, Chief, Healthcare and Consumer Products Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 4100, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Former U.S. Army Employee Sentenced for Kickback Scheme to Steer U.S. Government ContractsRead the Press Release
A former civilian employee of the U.S. Army’s Directorate of Public Works was sentenced today to two years in prison for a kickback scheme to steer government contracts for work at Camp Arifjan, a U.S. Army base in Kuwait.
Ephraim Garcia, 64, pleaded guilty to conspiracy to offer a kickback and to offering a kickback in the District of Columbia on July 21. According to court documents, Garcia admitted that he conspired with Gandhiraj Sankaralingam, aka Gandhi Raj, the former general manager and co-owner of Kuwait-based contracting company Gulf Link Venture Co. W.L.L. (Gulf Link), to steer government contracts to Gulf Link. In his position with the U.S. Army, Garcia was involved in the solicitation, award, and management of certain government contracts related to facilities support at Camp Arifjan.
In 2015, at an Olive Garden restaurant located in Mahboula, Kuwait, Garcia and Sankaralingam approached an employee of the prime contractor responsible for base support services. During that meeting, they offered to pay the prime-contractor employee in exchange for his assistance in steering subcontracts worth over $3 million to Gulf Link. Rather than agree to the scheme, the prime-contractor employee reported the kickback offer to authorities. On Aug. 19, 2020, Sankaralingam was charged in a superseding indictment with conspiracy to offer a kickback and with paying illegal gratuities to Garcia. Sankaralingam remains a fugitive.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Director Marion F. Robey of the U.S. Army Criminal Investigation Command Major Procurement Fraud Unit; and Assistant Inspector General for Investigations Paul Sternal of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) made the announcement.
The U.S. Army Criminal Investigation Command and DCIS are investigating the case.
Acting Assistant Chief Christopher Jackson and Trial Attorney Matthew Sullivan of the Criminal Division’s Fraud Section are prosecuting the case.
The charges in the indictment against Sankaralingam are merely allegations, and he is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Attorney General Merrick B. Garland Directs Steps to Safeguard the Rights of and Ensure Access to Justice for Veterans & ServicemembersRead the Press Release
U.S. Attorney General Merrick B. Garland today issued a memorandum reaffirming the Justice Department’s commitment to guarding the rights of and improving access to justice for veterans, servicemembers and military families. The memorandum directs the Civil Rights Division’s Servicemember and Veterans Initiative to develop a plan to guide its expanded duties and outreach efforts.
The Attorney General also directed the Office for Access to Justice to provide recommendations for actions that may be taken to better meet the legal needs of veterans and servicemembers, including through medical-legal partnerships, veterans treatment courts and reentry programs and services.
“The Justice Department honors our nation’s veterans and servicemembers not just with words but also with action,” said Attorney General Garland. “To that end, I have directed the Civil Rights Division and the Office for Access to Justice to mobilize resources in order to protect the rights of those who serve and lead efforts across government to ensure access to justice for veterans, servicemembers and military families.”
“Many veterans face unique legal challenges that stem from their service to our country,” said Associate Attorney General Vanita Gupta. “The Justice Department’s Office for Access to Justice is uniquely positioned to deploy the tools of the department and to engage our partners across government through the Legal Aid Interagency Roundtable to identify opportunities that will expand access to justice for veterans, servicemembers and their families.”
“Through vigorous enforcement of our federal civil rights laws, we are working to ensure that our servicemembers and veterans, and their families, are able to enjoy the freedoms and rights for which they so valiantly fought,” said Assistant Attorney General for Civil Rights Kristen Clarke. “This Veterans Day, we affirm our long-standing commitment to protecting servicemembers’ civilian employment rights, financial and housing rights, voting rights and more.”
On Nov. 16, the Civil Rights Division will host a virtual event to recognize the commitment and contributions of diverse servicemembers and veterans. The program will feature remarks by the Assistant Attorney General Clarke and a presentation by Ret. Col. Will Gunn, Vice President for Legal Affairs and General Counsel for the Legal Services Corporation. The event is free and open to the public, and pre-registration is required. For more information and to register for this event, please visit: Unsung Heroes: A Civil Rights Division Celebration of Diverse Veterans.
법무부, 앨라배마 공중 보건부와 론데스 카운티 보건부에 대한 환경 정의 조사 발표Read the Press Release
미국 법무부는 오늘 앨라배마주 공중보건부와 론데스 카운티 보건부의 폐수 처리, 전염병 및 발병 프로그램에 대한 환경 정의 조사를 시작했다고 발표했습니다. 오늘의 조사는 표제 VI에 따른 법무부의 최초의 환경 정의 조사입니다.
민권부가 실시할 조사는 앨라배마 공중보건부와 론데스 카운티 보건부가 현장 폐수 처리 프로그램과 전염병 및 발병 프로그램이 1964년 민권법 표제 VI를 위반하는 론데스 카운티의 흑인 주민을 차별하는 방식으로 운영되었는지 여부를 조사할 것입니다. 해당 조사는 또한 보건 부서의 정책 및 관행으로 인해 론데스 카운티의 흑인 주민의 적절한 위생 시스템에 대한 접근성이 감소되고 구충 감염과 같은 부적절한 폐수 처리와 관련하여 건강에 악영향을 미칠 위험이 과도하게 및 부당하게 부담되게 되었는지 여부를 조사할 것입니다.
크리스틴 클라크 법무부 민권 담당 차관보는 "위생은 인간의 기본적인 욕구이며, 미국의 어느 누구도 안전하고 효과적인 하수 관리에 대한 부적절한 접근성으로 인해 질병 및 기타 심각한 피해에 노출되어서는 안 된다"고 말했습니다. "주 및 지역 보건 공무원은 연방 민권법에 따라 모든 거주자의 건강과 안전을 보호할 의무가 있습니다. 우리는 이러한 환경 정의 문제와 앨라배마주 론데스 카운티 전역의 사람들의 건강, 생명 및 안전에 미치는 영향에 대해 공정하고 철저한 조사를 수행할 것입니다."
법무부는 이 문제의 혐의에 대한 결론에 도달하지 못했습니다. 법무부는 1964년 민권법 표제 VI에 따라 이 조사를 수행할 것입니다. 표제 VI는 연방 재정 지원을 받는 사람을 인종, 피부색 또는 출신 국가를 근거로 차별하는 것을 금지합니다. 표제 VI에 따라 법무부는 보건부 자금 수혜자가 불법적인 차별 행위에 참여했는지 여부를 조사할 권한이 있습니다.
민권국의 연방 조정 및 규정 준수 부서는 앨라배마 중부에 위치한 미국 검찰청의 지원을 받아 이 조사를 수행하고 있습니다. 관련 정보가 있는 개인은 이메일을 통해 연방 조정 및 규정 준수 부서에 [email protected] 또는 833-739-2103으로 연락할 것을 권장합니다.
국가의 민권법 시행을 통해 차별적인 환경 및 건강 영향을 해결하는 것은 민권과의 최우선 과제입니다. 민권과에 대한 추가 정보는 웹사이트, www.justice.gov/crt 에서 확인할 수 있습니다
법무부, 앨라배마 공중 보건부와 론데스 카운티 보건부에 대한 환경 정의 조사 발표Read the Press Release
미국 법무부는 오늘 앨라배마주 공중보건부와 론데스 카운티 보건부의 폐수 처리, 전염병 및 발병 프로그램에 대한 환경 정의 조사를 시작했다고 발표했습니다. 오늘의 조사는 표제 VI에 따른 법무부의 최초의 환경 정의 조사입니다.
민권부가 실시할 조사는 앨라배마 공중보건부와 론데스 카운티 보건부가 현장 폐수 처리 프로그램과 전염병 및 발병 프로그램이 1964년 민권법 표제 VI를 위반하는 론데스 카운티의 흑인 주민을 차별하는 방식으로 운영되었는지 여부를 조사할 것입니다. 해당 조사는 또한 보건 부서의 정책 및 관행으로 인해 론데스 카운티의 흑인 주민의 적절한 위생 시스템에 대한 접근성이 감소되고 구충 감염과 같은 부적절한 폐수 처리와 관련하여 건강에 악영향을 미칠 위험이 과도하게 및 부당하게 부담되게 되었는지 여부를 조사할 것입니다.
크리스틴 클라크 법무부 민권 담당 차관보는 "위생은 인간의 기본적인 욕구이며, 미국의 어느 누구도 안전하고 효과적인 하수 관리에 대한 부적절한 접근성으로 인해 질병 및 기타 심각한 피해에 노출되어서는 안 된다"고 말했습니다. "주 및 지역 보건 공무원은 연방 민권법에 따라 모든 거주자의 건강과 안전을 보호할 의무가 있습니다. 우리는 이러한 환경 정의 문제와 앨라배마주 론데스 카운티 전역의 사람들의 건강, 생명 및 안전에 미치는 영향에 대해 공정하고 철저한 조사를 수행할 것입니다."
법무부는 이 문제의 혐의에 대한 결론에 도달하지 못했습니다. 법무부는 1964년 민권법 표제 VI에 따라 이 조사를 수행할 것입니다. 표제 VI는 연방 재정 지원을 받는 사람을 인종, 피부색 또는 출신 국가를 근거로 차별하는 것을 금지합니다. 표제 VI에 따라 법무부는 보건부 자금 수혜자가 불법적인 차별 행위에 참여했는지 여부를 조사할 권한이 있습니다.
민권국의 연방 조정 및 규정 준수 부서는 앨라배마 중부에 위치한 미국 검찰청의 지원을 받아 이 조사를 수행하고 있습니다. 관련 정보가 있는 개인은 이메일을 통해 연방 조정 및규정 준수 부서에 [email protected] 또는 833-739-2103으로 연락할 것을 권장합니다.
국가의 민권법 시행을 통해 차별적인 환경 및 건강 영향을 해결하는 것은 민권과의 최우선 과제입니다. 민권과에 대한 추가 정보는 웹사이트, www.justice.gov/crt에서 확인할 수 있습니다.
법무부, 앨라배마 공중 보건부와 론데스 카운티 보건부에 대한 환경 정의 조사 발표Read the Press Release
미국 법무부는 오늘 앨라배마주 공중보건부와 론데스 카운티 보건부의 폐수 처리, 전염병 및 발병 프로그램에 대한 환경 정의 조사를 시작했다고 발표했습니다. 오늘의 조사는 표제 VI에 따른 법무부의 최초의 환경 정의 조사입니다.
민권부가 실시할 조사는 앨라배마 공중보건부와 론데스 카운티 보건부가 현장 폐수 처리 프로그램과 전염병 및 발병 프로그램이 1964년 민권법 표제 VI를 위반하는 론데스 카운티의 흑인 주민을 차별하는 방식으로 운영되었는지 여부를 조사할 것입니다. 해당 조사는 또한 보건 부서의 정책 및 관행으로 인해 론데스 카운티의 흑인 주민의 적절한 위생 시스템에 대한 접근성이 감소되고 구충 감염과 같은 부적절한 폐수 처리와 관련하여 건강에 악영향을 미칠 위험이 과도하게 및 부당하게 부담되게 되었는지 여부를 조사할 것입니다.
크리스틴 클라크 법무부 민권 담당 차관보는 "위생은 인간의 기본적인 욕구이며, 미국의 어느 누구도 안전하고 효과적인 하수 관리에 대한 부적절한 접근성으로 인해 질병 및 기타 심각한 피해에 노출되어서는 안 된다"고 말했습니다. "주 및 지역 보건 공무원은 연방 민권법에 따라 모든 거주자의 건강과 안전을 보호할 의무가 있습니다. 우리는 이러한 환경 정의 문제와 앨라배마주 론데스 카운티 전역의 사람들의 건강, 생명 및 안전에 미치는 영향에 대해 공정하고 철저한 조사를 수행할 것입니다."
법무부는 이 문제의 혐의에 대한 결론에 도달하지 못했습니다. 법무부는 1964년 민권법 표제 VI에 따라 이 조사를 수행할 것입니다. 표제 VI는 연방 재정 지원을 받는 사람을 인종, 피부색 또는 출신 국가를 근거로 차별하는 것을 금지합니다. 표제 VI에 따라 법무부는 보건부 자금 수혜자가 불법적인 차별 행위에 참여했는지 여부를 조사할 권한이 있습니다.
민권국의 연방 조정 및 규정 준수 부서는 앨라배마 중부에 위치한 미국 검찰청의 지원을 받아 이 조사를 수행하고 있습니다. 관련 정보가 있는 개인은 이메일을 통해 연방 조정 및 규정 준수 부서에 [email protected]로 연락할 것을 권장합니다.
국가의 민권법 시행을 통해 차별적인 환경 및 건강 영향을 해결하는 것은 민권과의 최우선 과제입니다. 민권과에 대한 추가 정보는 웹사이트, www.justice.gov/crt에서 확인할 수 있습니다.
司法部宣布對阿拉巴馬州公共衛生部和朗德茲郡衛生局進行環境司法調查Read the Press Release
美國司法部今天宣布，它已對阿拉巴馬州公共衛生部和朗德茲郡 (Lowndes County) 衛生 局的廢水處理計劃和傳染病與病情爆發計劃展開環境司法調查。這項調查是司法部有史以 來根據《民權法案》第六章進行的首次環境司法調查。
調查由民權司進行，將會審查阿拉巴馬州公共衛生部和朗德茲郡衛生局實施其廢水就地處 理計劃及傳染病與病情爆發計劃的方式，是否構成對朗德茲郡黑人居民的歧視，因而違反 1964 年《民權法案》第六章（以下簡稱“第六章”）。調查還將審查兩個衛生部門的政 策和做法是否減少了朗德茲郡黑人居民獲得適當衛生系統服務的機會，並且使他們不成比 例和不合理地承擔由於廢水處理不當而受到有害健康影響的風險，例如遭到鉤蟲感染。
“衛生是人類的基本需求之一，在美國，任何人都不應因為欠缺安全有效的污水管理而面 臨患病和其他嚴重傷害的風險，”司法部民權司助理檢察長克里斯汀•克拉克 (Kristen Clarke) 說。“根據聯邦民權法律，州和地方衛生官員都有義務保護所有居民的健康和安 全。我們將對這些引起關切的環境公平問題及其對阿拉巴馬州整個朗德茲郡人民的健康、 生活和安全的影響進行公平、徹底的調查。”
司法部尚未就在這件事上的各種指控達成任何結論。司法部將根據 1964 年《民權法案》 第六章進行這項調查。第六章禁止聯邦財政援助的接受者實行基於種族、膚色或原國籍的 歧視。第六章授權司法部調查司法部資助金的接受者是否有非法歧視行為。
民權司的聯邦協調與合規科正在設在阿拉巴馬州中區的美國檢察官辦公室的支持下進行這 項調查。司法部鼓勵擁有相關資訊的個人發電子郵件給 [email protected] 或者致 電 833-739-2103 與聯邦協調與合規科聯繫。
通過執行國家民權法律消除歧視性的環境與健康影響，是民權司的一項首要任務。有關民 權司的更多資訊，請造訪其網站，網址是 www.justice.gov/crt。
司法部宣布对亚拉巴马州公共卫生部和朗德兹郡卫生局进行环境司法调查Read the Press Release
美国司法部今天宣布，它已对亚拉巴马州公共卫生部和朗德兹郡 (Lowndes County) 卫生 局的废水处理计划和传染病与病情爆发计划展开环境司法调查。这项调查是司法部有史以 来根据《民权法案》第六章进行的首次环境司法调查。
调查由民权司进行，将会审查亚拉巴马州公共卫生部和朗德兹郡卫生局实施其废水就地处 理计划及传染病与病情爆发计划的方式，是否构成对朗德兹郡黑人居民的歧视，因而违反 1964 年《民权法案》第六章（以下简称“第六章”）。调查还将审查两个卫生部门的政 策和做法是否减少了朗德兹郡黑人居民获得适当卫生系统服务的机会，并且使他们不成比 例和不合理地承担由于废水处理不当而受到有害健康影响的风险，例如遭到钩虫感染。
“卫生是人类的基本需求之一，在美国，任何人都不应因为欠缺安全有效的污水管理而面 临患病和其他严重伤害的风险，”司法部民权司助理检察长克里斯汀•克拉克 (Kristen Clarke) 说。“根据联邦民权法律，州和地方卫生官员都有义务保护所有居民的健康和安 全。我们将对这些引起关切的环境公平问题及其对亚拉巴马州整个朗德兹郡人民的健康、 生活和安全的影响进行公平、彻底的调查。”
司法部尚未就在这件事上的各种指控达成任何结论。司法部将根据 1964 年《民权法案》 第六章进行这项调查。第六章禁止联邦财政援助的接受者实行基于种族、肤色或原国籍的 歧视。第六章授权司法部调查司法部资助金的接受者是否有非法歧视行为。
民权司的联邦协调与合规科正在设在亚拉巴马州中区的美国检察官办公室的支持下进行这 项调查。司法部鼓励拥有相关信息的个人发电子邮件给 [email protected] 或者致 电 833-739-2103 与联邦协调与合规科联系。
通过执行国家民权法律消除歧视性的环境与健康影响，是民权司的一项首要任务。有关民 权司的更多信息，请访问其网站，网址是 www.justice.gov/crt。
Laboratory Owner Sentenced to 82 Months in Prison for COVID-19 Kickback SchemeRead the Press Release
A Florida owner of multiple diagnostic testing laboratories was sentenced today in the Southern District of Florida to 82 months in prison for a scheme to defraud the United States and to pay and receive kickbacks through exploiting regulatory waivers put in place to ensure access to health care during the COVID-19 pandemic.
According to court documents, Leonel Palatnik, 42, of Aventura, as a co-owner of Panda Conservation Group LLC (Panda), conspired with other co-owners of the company and with Michael Stein, the owner of 1523 Holdings LLC, to pay illegal kickbacks to Stein in exchange for his work arranging for telemedicine providers to authorize genetic testing orders for Panda’s laboratories. 1523 Holdings and Panda then exploited temporary amendments to telehealth restrictions enacted during the pandemic, which were intended to expand access to care for Medicare recipients by making it easier for beneficiaries to receive needed medical care from home. Palatnik and his co-conspirators took advantage of these waivers by using telehealth providers to authorize thousands of medically unnecessary cancer and cardiovascular genetic testing orders. In exchange, Panda gave these providers access to beneficiary information and the opportunity to bill for purported telehealth consultations with Medicare recipients, which often did not take place. On Aug. 31, Palatnik pleaded guilty to one count of conspiracy to defraud the United States and offer kickbacks and one count of paying a kickback.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division; and Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG) made the announcement.
The FBI’s Miami and Dallas Field Offices and HHS-OIG are investigating the case, with assistance from the FBI’s Healthcare Rapid Response Team.
Trial Attorney Ligia Markman of the National Rapid Response Strike Force is prosecuting the case.
The case against Palatnik was brought as part of the COVID-19 Health Care Fraud coordinated law enforcement action on May 26 against 14 defendants in seven judicial districts. Palatnik was charged along with Stein, who is currently awaiting trial. The law enforcement action was brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
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, 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.
An indictment is merely an allegation, and Stein is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Secures Agreement with Employer to End Unnecessary Medical Exams and Health QuestionsRead the Press Release
Today the Justice Department filed an agreement with the Federal Court in New Jersey to resolve its lawsuit against the Port Authority Trans-Hudson Corporation (PATH) under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
PATH operates a rail transit service between Manhattan and New Jersey. The department’s suit alleges that PATH subjected its workers to unnecessary medical exams and sought unnecessary information from those employees about their disabilities and other health conditions. As part of the settlement agreement, PATH will pay a total of $100,000 to certain employees who were harmed by PATH’s exams and inquiries.
“No employee should be subject to unnecessary medical exams and health inquiries by their employer,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This settlement reflects the Justice Department’s firm commitment to protecting workers from unlawful and probing inquiries into their health and disability status.”
“Workers deserve to be free from unlawful inquiries that could reveal a disability or family medical information,” said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. “This office remains committed to protecting the civil rights of employees by ensuring that employers comply with the requirements of federal law. We thank PATH for its cooperation with our investigation and its commitment to make changes necessary to protect the civil rights of its workers.”
The settlement agreement resolves a lawsuit that the department filed today in federal court in New Jersey. Under the terms of the agreement, which must be approved by the court, PATH has agreed to stop unnecessary medical exams, as well as unnecessary questions about employees’ disabilities, health conditions and family medical history. In addition to the compensation to two employees, the settlement also requires PATH to train its staff on the ADA and GINA and to periodically submit reports about its compliance with the agreement.
The ADA bars employers from requiring medical exams or inquiries of on-the-job employees unless the information sought is vital to job performance or safety. GINA bars employers from asking employees to disclose genetic information, including questions about family medical history.
This case was handled by the department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey after the matter was referred from the Equal Employment Opportunity Commission’s Newark Office. 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. Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339.
View the complaint here. View the consent decree here.
Justice Department Announces Environmental Justice Investigation into Alabama Department of Public Health and Lowndes County Health DepartmentRead the Press Release
The Department of Justice announced today that it has opened an environmental justice investigation into the wastewater disposal and infectious disease and outbreaks programs of the Alabama Department of Public Health and the Lowndes County, Alabama, Health Department.
The investigation, which will be conducted by the Civil Rights Division, will examine whether the Alabama Department of Public Health and the Lowndes County Health Department operate their onsite wastewater disposal program and infectious diseases and outbreaks program in a manner that discriminates against Black residents of Lowndes County in violation of Title VI of the Civil Rights Act of 1964 (Title VI). The investigation will also examine whether the health departments’ policies and practices have caused Black residents of Lowndes County to have diminished access to adequate sanitation systems and to disproportionately and unjustifiably bear the risk of adverse health effects associated with inadequate wastewater treatment, such as hookworm infections.
“Sanitation is a basic human need, and no one in the United States should be exposed to risk of illness and other serious harm because of inadequate access to safe and effective sewage management,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “State and local health officials are obligated, under federal civil rights laws, to protect the health and safety of all their residents. We will conduct a fair and thorough investigation of these environmental justice concerns and their impact on the health, life, and safety of people across Lowndes County, Alabama.”
The department has not reached any conclusions regarding the allegations in this matter. This investigation marks the Department of Justice’s first Title VI environmental justice investigation for one of the department’s funding recipients. Title VI prohibits recipients of federal financial assistance from discriminating on the basis of race, color or national origin. Up until now, the Civil Rights Division has regularly provided counsel and support to other federal agencies whose Title VI compliance efforts have involved environmental programs. The department’s grants do not often go to programs that conduct environmental work, limiting its direct jurisdiction to conduct these types of administrative investigations.
The Civil Rights Division’s Federal Coordination and Compliance Section is conducting this investigation with the support of the U.S. Attorney’s Office for the Middle District of Alabama. Individuals with relevant information are encouraged to contact the Federal Coordination and Compliance Section by email at [email protected] or by phone at 833-739-2103.
Addressing discriminatory environmental and health impacts through enforcement of the nation’s civil rights laws is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. View the Spanish translation of this press release here.
Justizministerium Kündigt Untersuchung Des Gesundheitsministeriums Des Bundesstaats Alabama (Alabama Department of Public Health) Und Der Gesundheitsbehörde Des Bezirkes Lowndes Zum Thema Umweltgerechtigkeit AnRead the Press Release
Das US-Justizministerium gab heute bekannt, dass es eine Untersuchung der Abwasserentsorgung sowie der Programme gegen Infektionskrankheiten und Krankheitsausbrüche des Gesundheitsministeriums des Bundesstaats Alabama und der Gesundheitsbehörde des Bezirkes Lowndes eingeleitet hat. Bei der heute angekündigten Untersuchung handelt es sich um die allererste Untersuchung des Justizministeriums zum Thema Umweltgerechtigkeit im Rahmen von Titel VI des US-amerikanischen Bürgerrechtsgesetzes von 1964.
Im Rahmen der Untersuchung, die von der Abteilung für Bürgerrechte durchgeführt wird, soll geprüft werden, ob das Gesundheitsministerium von Alabama und die Gesundheitsbehörde des Lowndes County ihre Programme zur Abwasserentsorgung vor Ort und zur Bekämpfung von Infektionskrankheiten und Krankheitsausbrüchen in einer Weise betreiben, die schwarze Einwohner des Bezirkes Lowndes diskriminiert und damit gegen Titel VI des Bürgerrechtsgesetzes von 1964 (Title VI) verstoßen. Im Rahmen dieser Untersuchung soll auch geprüft werden, ob die Richtlinien und Praktiken der Gesundheitsämter dazu geführt haben, dass die schwarzen Einwohner des Bezirkes Lowndes einen schlechteren Zugang zu angemessenen Abwassersystemen haben und in unverhältnismäßiger und ungerechtfertigter Weise das Risiko negativer gesundheitlicher Auswirkungen im Zusammenhang mit einer unzureichenden Abwasserbehandlung, wie z. B. Infektionen mit Hakenwürmern, tragen.
„Abwassereinrichtungen gehören zu den menschlichen Grundbedürfnissen und niemand in den Vereinigten Staaten sollte dem Risiko von Krankheiten oder anderen ernstlichen Gefahren ausgesetzt sein, weil er oder sie unzureichenden Zugang zu einer sicheren und effektiven Abwasserentsorgung hat“, erklärte die stellvertretende Generalstaatsanwältin der Abteilung für Bürgerrechte des US-Justizministeriums, Kristen Clarke. „Die Gesundheitsbeamten der Bundesstaaten und der lokalen Behörden sind nach den Bundesgesetzen über Bürgerrechte verpflichtet, die Gesundheit und Sicherheit aller ihrer Einwohner zu schützen. Wir werden eine faire und gründliche Untersuchung dieser umweltrechtlichen Bedenken und ihrer Auswirkungen auf die Gesundheit, das Leben und die Sicherheit der Menschen im Bezirk Lowndes im Bundesstaat Alabama durchführen.“
Das Ministerium hat noch keine Schlussfolgerungen zu den Vorwürfen in dieser Angelegenheit gezogen. Das Ministerium wird diese Untersuchung gemäß Titel VI des Bürgerrechtsgesetzes von 1964 durchführen. Titel VI verbietet Empfängern von Finanzhilfen des Bundes die Diskriminierung aufgrund von Ethnie (race), Hautfarbe oder nationaler Herkunft. Im Rahmen von Titel VI ist das Ministerium befugt, zu untersuchen, ob Empfänger von Finanzhilfen des Ministeriums ungesetzlich diskriminierend gehandelt haben.
Die Fachabteilung für bundesweite Koordinierung und Einhaltung von Vorschriften der Abteilung für Bürgerrechte führt diese Untersuchung mit Unterstützung der Staatsanwaltschaft der Vereinigten Staaten im Middle District von Alabama durch. Personen, die über sachdienliche Informationen verfügen, werden gebeten, sich per E-Mail an die Fachabteilung für bundesweite Koordinierung und Einhaltung von Vorschriften zu wenden: [email protected] oder telefonisch unter 833-739-2103.
Die Bekämpfung diskriminierender Auswirkungen auf die Umwelt und Gesundheit durch die Durchsetzung der Bürgerrechtsgesetze der Vereinigten Staaten ist eine der obersten Prioritäten der Abteilung für Bürgerrechte. Weitere Informationen über die Abteilung für Bürgerrechte finden Sie auf ihrer Website unter www.justice.gov/crt.
El Departamento de Justicia anuncia una investigación de justicia medioambiental del Departamento de Salud Pública de Alabama y el Departamento de Salud del Condado de LowndesRead the Press Release
WASHINGTON – El Departamento de Justicia de los EE. UU. anunció hoy que ha iniciado una investigación de justicia medioambiental de los programas de enfermedades contagiosas y brotes y de eliminación de aguas residuales del Departamento de Salud Pública de Alabama y el Departamento de Salud del Condado de Lowndes.
La investigación, que será dirigida por la División de Derechos Civiles, examinará si el Departamento de Salud Pública de Alabama y el Departamento de Salud del Condado de Lowndes operan su programa in situ de eliminación de aguas residuales y su programa de enfermedades contagiosas y brotes de una forma que discrimina a residentes negros del Condado de Lowndes, en contra del Título VI de la ley de Derechos Civiles de 1964 (Título VI). Por otra parte, la investigación examinará si las políticas y prácticas de los departamentos de salud han tenido el efecto de reducir el acceso de residentes negros del Condado de Lowndes a sistemas de saneamiento adecuados y asignarles, de una forma desproporcionada y no justificada, un mayor riesgo de efectos adversos en su salud asociados con el tratamiento inadecuado de aguas residuales, tales como infecciones por anquilostomas.
«El saneamiento es una necesidad humana básica y nadie en Estados Unidos debe verse expuesto al riesgo de enfermedad y otros daños graves debido a un acceso inadecuado a la gestión segura y eficaz de aguas residuales», declaró Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Los funcionarios de salud estatales y locales están obligados, en virtud de las leyes federales de derechos civiles, a proteger la salud y seguridad de todos sus residentes. Nosotros llevaremos a cabo una investigación justa y completa de estas preocupaciones de justicia medioambiental y su impacto en la salid, vida y seguridad de personas por todo el Condado de Lowndes, Alabama».
El Departamento no ha llegado a ninguna conclusión con respecto a las acusaciones en este caso. Esta investigación representa la primera investigación de justicia medioambiental del Departamento de Justicia al amparo del Título VI para uno de los beneficiarios de los fondos del Departamento. El Título VI prohíbe la discriminación por motivos de raza, color de piel y nacionalidad de origen por parte de beneficiarios de fondos federales. Hasta el momento, la División de Derechos Civiles ha ofrecido consejos y apoyo de forma rutinaria a otras agencias federales cuyos esfuerzos de aplicación del Título VI han implicado programas medioambientales. Las subvenciones del Departamento no suelen ser asignadas a programas que realizan trabajo medioambiental, lo que limita su competencia directa en lo que se refiere a la realización de estos tipos de investigaciones administrativas.
La Sección Federal de Coordinación y Cumplimiento de la División de Derechos Civiles está dirigiendo esta investigación, con el apoyo de la Fiscalía Federal para el Distrito Central de Alabama. Se le ruega a cualquier persona con información relevante que se comunique con la Sección Federal de Coordinación y Cumplimiento por correo electrónico a [email protected] o por teléfono al 833-739-2103.
Una de las prioridades principales de la División de Derechos Civiles es abordar los impactos discriminatorios en los ámbitos del medioambiente y la salud mediante la aplicación de las leyes nacionales de derechos civiles. Para más información sobre la División de Derechos Civiles, visite su sitio web en www.justice.gov/crt-espanol.
Bộ Tư Pháp Thông Báo Điều Tra Công Lý Môi Trường Đối Với Sở Y Tế Công Cộng Alabama Và Sở Y Tế Hạt LowndesRead the Press Release
Bộ Tư Pháp Hoa Kỳ hôm nay ra thông báo mở cuộc điều tra công lý môi trường đối với chương trình xử lý nước thải, chương trình về bệnh truyền nhiễm và bùng phát của Sở Y Tế Công Cộng Alabama và Sở Y Tế Hạt Lowndes. Cuộc điều tra hôm nay đánh dấu cuộc điều tra công lý môi trường đầu tiên của Bộ Tư Pháp theo Khoản VI.
Bộ Phận Dân Quyền sẽ tiến hành cuộc điều tra để kiểm tra xem Bộ Y Tế Công Cộng Alabama và Sở Y Tế Hạt Lowndes có vận hành chương trình xử lý nước thải tại chỗ cũng như chương trình về bệnh truyền nhiễm và bùng phát theo cách phân biệt đối xử với cư dân người Da Đen của Hạt Lowndes và vi phạm Khoản VI của Đạo Luật Quyền Công Dân năm 1964 (sau đây gọi tắt là Khoản VI) hay không. Cuộc điều tra này cũng sẽ xem xét liệu chính sách và cách làm của sở y tế có khiến người dân Da Đen ở Hạt Lowndes giảm khả năng tiếp cận với hệ thống vệ sinh đầy đủ và gánh chịu một cách không tương xứng và bất công nguy cơ bị ảnh hưởng xấu tới sức khỏe liên quan đến việc xử lý nước thải không đầy đủ, chẳng hạn như nhiễm bệnh giun móc, hay không.
“Vệ sinh là nhu cầu cơ bản của con người và không ai ở Hoa Kỳ đáng phải chịu rủi ro bệnh tật và các tổn hại nghiêm trọng khác vì không được tiếp cận đầy đủ với việc quản lý nước thải an toàn và hiệu quả", Kristen Clarke — Trợ Lý Bộ Trưởng Tư Pháp thuộc Bộ Phận Dân Quyền của Bộ Tư pháp cho biết. “Theo luật dân quyền liên bang, các quan chức y tế của tiểu bang và địa phương có nghĩa vụ bảo vệ sức khỏe và sự an toàn của tất cả cư dân của mình. Chúng tôi sẽ tiến hành một cuộc điều tra công bằng và kỹ lưỡng về những mối lo ngại về công lý môi trường này và tác động của chúng đối với sức khỏe, cuộc sống và sự an toàn của người dân trên khắp Hạt Lowndes, Alabama.”
Bộ chưa đưa ra kết luận nào liên quan đến các cáo buộc trong vấn đề này. Bộ sẽ tiến hành cuộc điều tra này theo Khoản VI của Đạo Luật Quyền Công Dân năm 1964. Khoản VI cấm những người nhận hỗ trợ tài chính liên bang phân biệt đối xử dựa trên chủng tộc, màu da hoặc nguồn gốc quốc gia. Theo Khoản VI, bộ được ủy quyền điều tra xem những người nhận tài trợ của bộ có thực hiện hành vi phân biệt đối xử bất hợp pháp hay không.
Bộ Phận Tuân Thủ và Điều Phối Liên Bang của Bộ Phận Dân Quyền đang tiến hành cuộc điều tra này với sự hỗ trợ của văn phòng Luật Sư Hoa Kỳ tại Hạt Tọa Lạc Ở Giữa Alabama. Các cá nhân có thông tin liên quan được khuyến khích liên hệ với Bộ Phận Tuân Thủ và Điều Phối Liên Bang qua email theo địa chỉ [email protected].
Giải quyết các tác động phân biệt đối xử về môi trường và sức khỏe thông qua việc thực thi luật dân quyền của quốc gia là ưu tiên hàng đầu của Ban Dân quyền. Thông tin bổ sung về Bộ Phận Dân Quyền có sẵn trên trang web tại www.justice.gov/crt.
Two Men Plead Guilty in Multimillion-Dollar COVID-19 Relief SchemeRead the Press Release
Two individuals pleaded guilty today in the Southern District of Texas for their participation in a scheme to fraudulently obtain and launder millions of dollars in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act.
According to court documents, Siddiq Azeemuddin, 42, of Naperville, Illinois, and Raheel Malik, 41, of Sugar Land, Texas, engaged in a scheme to defraud the SBA and certain SBA-approved PPP lenders by submitting false and fraudulent PPP loan applications. Azeemuddin and Malik also conspired to and did launder over $3 million in PPP loan funds through Azeemuddin’s business, Fascare International Inc., dba Almeda Discount Store (Almeda). As part of the scheme, Azeemuddin instructed Malik to fill out blank checks from companies that received PPP loans by putting the names of fake employees in the payee line. At Azeemuddin’s direction, Malik then cashed the checks at a financial institution and then transported the cash to other members of the conspiracy. In exchange for laundering the funds, Azeemuddin received 1% to 2% of each check cashed.
Azeemuddin pleaded guilty to one count of conspiracy to commit wire fraud and one count of money laundering. He is scheduled to be sentenced on March 7, 2022, and faces a maximum total penalty of 40 years in prison. Malik pleaded guilty to one count of conspiracy to commit wire fraud and money laundering. He is scheduled to be sentenced on March 7, 2022, and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas; Inspector General Hannibal “Mike” Ware of the SBA–Office of Inspector General (SBA-OIG); Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency–Office of Inspector General (FHFA-OIG); Special Agent in Charge Mark B. Dawson of Homeland Security Investigations (HSI) Houston; Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation–Office of Inspector General (FDIC-OIG); and Inspector General J. Russell George of the Treasury Inspector General for Tax Administration (TIGTA) made the announcement.
The SBA-OIG, FHFA-OIG, HSI, FDIC-OIG, and TIGTA are investigating the case.
Trial Attorneys Louis Manzo and Della Sentilles of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Rodolfo Ramirez and Kristine Rollinson of the Southern District of Texas are prosecuting the case.
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, 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.
Two Foreign Nationals Arrested for Trafficking Ivory and Rhinoceros Horn as Part of International Operation with the Democratic Republic of the CongoRead the Press Release
Herdade Lokua, 23, and Jospin Mujangi, 31, of Kinshasa, Democratic Republic of Congo (DRC), were arrested on Nov. 3 outside of Seattle, Washington, and were indicted by a federal grand jury for conspiracy, money laundering, smuggling and Lacey Act violations for trafficking elephant ivory and white rhinoceros horn from DRC to Seattle.
The 11-count indictment alleges that Lokua and Mujangi worked with a middleman to smuggle four packages into the United States. In August and September, 2020, the defendants sent three shipments containing a total of about 49 pounds of ivory by air freight to Seattle. In May 2021, they sent another package with approximately five pounds of rhinoceros horn. At the same time, the defendants conspired to conduct large transactions via ocean freight, offering the buyer more than two tons of elephant ivory, one ton of pangolin scales, and multiple intact rhinoceros horns. On Nov. 2, they arrived in Washington State to negotiate the details of such a deal and were arrested in Edmonds.
The arrests and indictment are part of “Operation Kuluna,” an international operation conducted between the Office of Homeland Security Investigations (HSI) in Seattle, the Government of the DRC, and the U.S. Embassy in Kinshasa, DRC. The investigation is ongoing – immediately after the arrests, the task force in DRC acted on information provided by HSI-Seattle to seize 2,067 pounds of ivory and 75 pounds of pangolin scales in Kinshasa worth approximately $3.5 million, all contraband related to wildlife trafficking.
In order to conceal the tusks and horn, the indictment states that Lokua and Mujangi had them cut into smaller pieces which were painted black. They were then mixed with ebony wood to avoid detection by customs authorities. The packages were all declared as “wood” with values between $50-$60. The buyer paid the defendants $14,500 for the ivory and $18,000 for the horn. Lokua and Mujangi also sold 55 pounds of pangolin scales to a U.S. buyer but ultimately did not ship them.
The indictment further alleges that the defendants paid bribes to authorities in Kinshasa in order to ship the merchandise, and discussed how larger shipments would be packed in 20-foot shipping containers and concealed in timber or corn in order to avoid detection.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division announced the arrests and indictment. The investigation in DRC is ongoing.
The Lacey Act is the nation’s oldest wildlife trafficking statute and prohibits, among other things, falsely labeling shipments containing wildlife. The United States, DRC, and approximately 181 other countries are signatories to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). CITES is an international treaty that restricts trade in species that may be threatened with extinction. CITES has permit requirements for protected wildlife, and the indictment alleges that the defendants did not obtain any of the necessary papers or declarations from DRC or the United States.
The CITES treaty has listed the white rhinoceros (Ceratotherium simum) as a protected species since 1975 and the African elephant (Loxodanta africana) since 1977. All species of pangolin were added to the CITES appendix with the greatest level of protection in 2017. All three mammals are threatened by poaching and habitat loss.
If convicted, the defendants face a maximum of 20 years’ imprisonment for the smuggling and money laundering charges and five years for the conspiracy and Lacey Act violations.
HSI-Seattle conducted the investigation, and Customs and Border Protection and the Seattle Police Department assisted in arresting the defendants.
The government is represented by Trial Attorneys Patrick M. Duggan and Ryan C. Connors of the Environmental Crimes Section with assistance from the U.S. Attorney’s Office for the Western District of Washington.
An indictment is merely an allegation, and both defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law
Previously Convicted Felon Indicted for Illegally Transporting and Storing Hazardous Waste, Falsifying a Hazardous Waste Manifest and Obstructing an Agency ProceedingRead the Press Release
A federal grand jury in Hawaii returned an indictment against Anthony Shane Gilstrap, 54, for violating the Resource Conservation and Recovery Act (RCRA) by transporting hazardous waste without a required manifest, falsifying a hazardous waste manifest, and storing hazardous waste without a permit. He is also charged with obstructing an agency proceeding.
In January 2017, Gilstrap, who has lived in Hawaii, Georgia and Kansas, agreed to remove drums of the RCRA-listed hazardous waste perchloroethylene (perc) from Young Laundry & Dry Cleaning (YLD), owned by U.S. Dry Cleaning Corp. (USDC). YLD’s Regional Manager hired Gilstrap to remove the drums for $15,000, which was less than half the price that legitimate hazardous waste disposal companies had quoted to YLD. Gilstrap removed the drums to his warehouse, which was not a permitted storage or treatment site, without required RCRA manifests. Furthermore, both Gilstrap and USDC produced false manifests to put the Hawaii Department of Health (HDOH) off the trail. When an HDOH inspector later tried to locate the missing drums, Gilstrap lied about their whereabouts.
The YLD Regional Manager who hired Gilstrap has pleaded guilty before the U.S. District Court of the District of Hawaii to causing the transportation of hazardous waste without a manifest and received a sentence of probation.
On Oct. 5, Gilstrap was indicted in the District of Kansas for possession of a firearm by a previously convicted felon.
“Perc is a dangerous toxic substance, and stashing drums of it at a cut rate price with no plan for proper final disposal, is a gross dereliction of care and violates the law,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “With hazardous waste, the department will aggressively prosecute a knowing failure to do what is right.”
“Hazardous waste manifests are the receipts that track how dangerous wastes are handled,” said the Acting U.S. Attorney Judith A. Philips for the District of Hawaii. “Here, their absence, and the efforts of HDOH and EPA to close the loop, led to the accountability we see today. We will follow through and hold the defendant to account for his illegal transportation and storage as well as his attempts to cover that up.”
“The hazardous waste involved in this case posed serious public health and environmental dangers,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “EPA and our law enforcement partners are committed to holding responsible parties accountable for actions that put communities at risk.”
Gilstrap will be scheduled for his initial court appearance before a U.S. Magistrate Judge in the U.S. District Court for the District of Hawaii. If convicted, he faces a penalty of up to 13 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the EPA’s Criminal Investigation Division. Environmental Crimes Section Senior Trial Attorney Kris Dighe is prosecuting the case jointly with Assistant U.S. Attorney Gregg Paris Yates for the District of Hawaii.
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 Secures Surrender of over 500 Dogs from Iowa Dog Breeder and a Permanent Prohibition on Dealing in AnimalsRead the Press Release
In a consent decree entered on Nov. 2 by the U.S. District Court for the Southern District of Iowa, Daniel Gingerich, an Iowa dog breeder, has agreed to revocation of his Animal Welfare Act (AWA) dealer license, a permanent prohibition on engaging in any activity that requires an AWA license, and the surrender of more than 500 dogs and puppies to the Animal Rescue League of Iowa.
In September, the United States filed suit against Gingerich, alleging that he was placing the health of his dogs in serious danger in violation of the AWA. Gingerich had amassed over 100 citations by U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) inspectors in only six months for violations of the AWA, including for the failure to provide an emaciated golden retriever veterinary care, failure to provide potable water and feeding dogs moldy food and food contaminated with wood chips. Gingerich was also cited for failing to follow an appropriate vaccine regime, which resulted in outbreaks of Parvovirus and distemper, both highly contagious but easily preventable diseases.
Under the consent decree, Gingerich was required to identify and surrender all of his dogs at his USDA-licensed and unlicensed facilities. Those dogs have now been transferred to the Animal Rescue League of Iowa, which is partnering with Wayside Waifs, Wisconsin Humane Society, the American Society for the Prevention of Cruelty to Animals and other organizations to provide the dogs the care they need. Gingerich also agreed to permanently refrain from any activity requiring an AWA license. USDA simultaneously negotiated the permanent revocation of Gingerich’s AWA license.
“This case demonstrates the department’s commitment to ensuring that those placing the health of their animals in serious danger are swiftly held accountable, and that these animals receive the humane care they are legally owed,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We will continue to partner with USDA to vigorously enforce these animal welfare laws in the future.”
“The resolution of this case highlights the important partnership between county, state and federal governments in animal welfare cases,” said Deputy Administrator Dr. Betty Goldentyer, of USDA APHIS’ Animal Care Program. “We are grateful to everyone who assisted us in providing for the welfare of the dogs at this facility, and we will continue to work diligently to ensure the welfare of animals under the Animal Welfare Act.”
This settlement is the result of inspection and investigation by USDA and prosecution by Senior Trial Attorney Mary Hollingsworth and Trial Attorney Shampa Panda of ENRD’s Wildlife and Marine Resources Section, with the assistance of the U.S. Attorney’s Office for the Southern District of Iowa.
Hawaii Man Indicted for Violating the Atomic Energy Act, Obstruction of Agency Proceedings, Making False Statements and Bank FraudRead the Press Release
A federal grand jury returned an indictment yesterday charging a Hawaii man with violating the Atomic Energy Act (AEA), making false statements to the Nuclear Regulatory Commission (NRC), obstruction of NRC proceedings and bank fraud.
According to court documents, Mark Kazee, 57, of Hawaii, worked in the materials and equipment testing industry for over 30 years, serving both as an inspector and as a supervisor of inspectors who used industrial radiography. Industrial radiography is the process of using a radiation source and a specialized camera to examine materials below the surface to check for flaws. On or about December 2016, Defendant Kazee was hired by a testing company to be its Regional Manager in Hawaii. Later, Kazee made a surreptitious plan to take over his employer’s business, by, among other things, misappropriating his employer’s equipment and personnel. As alleged in the indictment, he set up two other companies, APINDE and Hawaii Testing & Technology (HTT), as part of the takeover attempt. In doing so, he violated the AEA, submitted false statements to the NRC and fraudulently obtained a significant line of credit from a Hawaii bank.
In the fall of 2018, Kazee, working through others, set up two new businesses (APINDE and HTT) to do non-destructive testing in West Virginia and other states where the NRC maintains jurisdiction, including Hawaii. To do the work, Kazee needed a new radiographic camera, which involved obtaining a “materials” license for APINDE from the NRC. He did not have a trained Radiation Safety Officer (RSO), which all materials licensees are required to have. Nevertheless, he prepared an application that falsely claimed he had a qualified RSO, among other things. In response to NRC questions about the application, he submitted more false information about training and qualifications. The NRC issued the license, based on the false representations. After receiving the license, Kazee ordered and signed for a camera containing radioactive material. The NRC opened an investigation after concerns were raised to the agency about the information contained in the license application.
In January 2019, while still in the employ of his original company, Kazee misappropriated one of its radiographic cameras, which contained iridium-192 and depleted uranium radioactive source material. He had HTT employees use the camera for industrial radiography, without recording the transfer of the radioactive sources, as required by law. Around the same time, Kazee applied to the Bank of Hawaii on behalf of HTT for a revolving line of credit and provided bank loan officers false information including about HTT assets.
“Radiography is a marvelous technology, and when it is used with proper safeguards, it increases safety and improves lives,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Justice Department will vigorously prosecute those like Kazee who would circumvent those safeguards and treat worker safety as an afterthought as part of a criminal scheme.”
“No one should disregard our laws designed to protect people from dangerous radiation, and certainly not for the purpose of advancing fraudulent business enterprises,” said Acting U.S. Attorney Judith A. Philips for the District of Hawaii. “We will continue our vigilance in enforcing radiation safety laws.”
“Individuals who use radioactive material for commercial purposes must have the appropriate credentials and training to protect the user and the public,” said Administrator David C. Lew of NRC Region I. “The NRC does not tolerate willful violations of its safety requirements and demands that licensees and their employees act with integrity and communicate with candor.”
Kazee is charged with making false statements to the NRC, obstruction of the NRC’s proceedings, violating the Atomic Energy Act, and bank fraud. The defendant will be scheduled for his initial court appearance before a U.S. Magistrate Judge of the U.S. District Court for the District of Hawaii. If convicted, he faces up to 42 years in prison. The federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the NRC’s Office of Investigations. Senior Trial Attorney Kris Dighe of the Justice Department’s Environmental Crimes Section is prosecuting the case jointly with Assistant U.S. Attorney Gregg Paris Yates of the District of Hawaii.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Ambulance Service Owner Charged with Tax FraudRead the Press Release
A Virginia man was arraigned today on an indictment charging tax fraud that was returned by a federal grand jury in Roanoke, Virginia, on Aug. 20, 2020. He was arrested upon entry into the United States after residing overseas for more than a year.
According to the indictment, from approximately 1987 through at least 2010 James C. Jones Jr., of Christiansburg, owned Lifeline Ambulance Service Inc. (Lifeline). From approximately January 2008 through December 2009, Jones allegedly withheld payroll taxes from Lifeline’s employees’ paychecks but willfully failed to pay over these taxes to the IRS. He also allegedly obstructed the IRS’s ability to collect these delinquent payroll taxes by making false statements on IRS forms, selling real estate he owned and transferring assets under his control in the United States to foreign and domestic nominee entities. Jones supported these foreign asset transfers by allegedly providing false documents to the IRS and causing his then-attorney to make false statements in response to a grand jury subpoena.
The indictment also charges that Jones submitted false individual tax returns each year from 2013 to 2018. In addition to tax fraud, the indictment further alleges that Jones submitted false applications to the Social Security Administration that omitted his domestic and foreign rental income.
Jones is charged with tax evasion, filing false individual tax returns, corruptly endeavoring to obstruct the IRS, obstruction of justice and making a false statement regarding Social Security benefits. Jones was arraigned today before U.S. Magistrate Judge Joel C. Hoppe for the Western District of Virginia. If convicted, Jones faces a maximum penalty of five years in prison on the tax evasion charge, 10 years on the obstruction of justice charge, three years on the tax obstruction charge and each count of filing a false tax return and five years on the Social Security fraud count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS - Criminal Investigation is investigating the case.
Trial Attorneys Parker Tobin and Todd Ellinwood 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.
Federal Court Permanently Shuts Down Michigan Tax PreparerRead the Press Release
A federal court in the Eastern District of Michigan has permanently enjoined a Detroit-area 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’s order entered Nov. 5, Abdou Ndiaye and Ndiaye’s LLC, dba Pro Tax Services, consented to entry of the injunction, with permits the United States to conduct post-judgment discovery to monitor compliance. The order requires that Ndiaye and Pro Tax Services send notice of the injunction to their prior customers.
The civil complaint filed against Ndiaye and Pro Tax Services alleged that Ndiaye reported fabricated business losses or income on his customers’ returns, to either reduce a customer’s legitimate W-2 taxable income or illegitimately increase the customer’s earned income. These improper adjustments caused those individuals to claim earned income tax credits to which they were not entitled. The complaint also alleged that Ndiaye impermissibly lowered some of his customers’ tax liabilities by falsely claiming head of household filing status for individuals who were not entitled to claim it.
Acting 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.
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 a person or business may be violating an injunction, please contact the Tax Division with details.
South Florida Addiction Treatment Facility Operators Convicted in $112 Million Addiction Treatment Fraud SchemeRead the Press Release
After a seven-week trial, a federal jury in the Southern District of Florida convicted two operators of two South Florida addiction treatment facilities for fraudulently billing approximately $112 million for services that were never provided or were medically unnecessary, and for paying kickbacks to patients through patient recruiters, and receiving kickbacks from testing laboratories. One defendant was also convicted of money laundering, and of separate charges of bank fraud connected to Paycheck Protection Program (PPP) loans.
According to court documents and evidence presented at trial, Jonathan Markovich, 37, and his brother, Daniel Markovich, 33, both of Bal Harbour, conspired to and did unlawfully bill for approximately $112 million of addiction treatment services that were never rendered and/or were medically unnecessary, and that were procured through illegal kickbacks, at two addiction treatment facilities that they operated, Second Chance Detox LLC, dba Compass Detox (Compass Detox), an inpatient detox and residential facility, and WAR Network LLC (WAR), a related outpatient treatment program. Jonathan Markovich, who owned both facilities, was also convicted of bank fraud in connection with PPP loan applications in which he falsely stated that Compass Detox and WAR were not engaged in illegal conduct.
The evidence showed that defendants obtained patients through patient recruiters who offered illegal kickbacks to patients (such as free airline tickets, illegal drugs, and cash payments). The defendants then shuffled a core group of patients between Compass Detox and WAR to fraudulently bill for as much as possible. Patient recruiters gave patients illegal drugs prior to admission to Compass Detox to ensure admittance for detox, which was the most expensive kind of treatment offered by the defendants’ facilities, therapy sessions were billed for but not regularly provided or attended, and excessive, medically unnecessary urinalysis drug tests were ordered. Compass Detox patients were given a so-called “Comfort Drink” to sedate them, and to keep them coming back. Patients were also given large and potentially harmful amounts of controlled substances, in addition to the “Comfort Drink,” to keep them compliant and docile, and to ensure they stayed at the facility. Certain patients were also routinely re-admitted and repeatedly cycled through Compass Detox and WAR to maximize revenue.
“These substance abuse treatment facility operators orchestrated a massive, multi-year fraudulent billing scheme by taking advantage of patients seeking treatment,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The convictions today further demonstrate the success of the Department of Justice’s Sober Homes Initiative in protecting patients and prosecuting fraudulent substance abuse treatment facilities.”
“Their tactics were brazen and the dollar losses immense,” said Special Agent in Charge George L. Piro of FBI’s Miami Field Office. “These health care fraudsters, driven by greed, sought to cheat their way to riches by billing tens of millions of dollars from various health care programs. The FBI and our law enforcement partners will investigate and criminally prosecute such fraud to the fullest extent of the law.”
Both defendants were convicted of conspiracy to commit health care fraud and wire fraud. Jonathan Markovich was convicted of eight counts of health care fraud and Daniel Markovich was convicted of two counts of health care fraud. They were also convicted of conspiracy to pay and receive kickbacks and two counts of paying and receiving kickbacks. Jonathan Markovich was separately convicted of conspiring to commit money laundering, two counts of concealment money laundering, and six counts of laundering at least $10,000 in proceeds of unlawful activities, as well as two counts of bank fraud related to his fraudulently obtaining PPP loans for both Compass Detox and WAR during the COVID-19 pandemic. Both defendants are scheduled to be sentenced on Jan. 13, 2022. They each face a maximum of 20 years for the health care fraud and wire fraud conspiracy count, 10 years for each substantive count of health care fraud and paying and receiving kickbacks, and five years for the kickbacks conspiracy. Jonathan Markovich faces additional maximum sentences of 20 years for conspiracy to commit money laundering, 20 years for each substantive count of concealment money laundering, 10 years for each additional count of money laundering, and 30 years for each substantive count of bank fraud. A federal district court judge will determine the sentences after considering the U.S. Sentencing Guidelines and other statutory factors. A related trial is scheduled to begin on Feb. 28, 2022, in the Southern District of Florida, for four other defendants charged in this case.
The FBI, the Department of Health and Human Services, Office of Inspector General, and Broward Sheriff's Office investigated the case.
Senior Litigation Counsel Jim Hayes and Trial Attorney Jamie de Boer of the Criminal Division’s Fraud Section are prosecuting the case.
The National Rapid Response Strike Force and Los Angeles Strike Force lead the Department of Justice’s Sober Homes Initiative, which was announced in the 2020 National Health Care Fraud Takedown to prosecute defendants who exploit vulnerable patients seeking treatment for drug and/or alcohol addiction.
Russian National Indicted for Making False Statements to the FBIRead the Press Release
Special Counsel John Durham today announced that a federal grand jury returned an indictment in the U.S. District Court for the Eastern District of Virginia charging Igor Danchenko, 43, a Russian citizen residing in Virginia, with five counts of making false statements to the FBI. The charges in the indictment stem from statements made by Danchenko relating to the sources he used in providing information to a U.K. investigative firm that prepared what are identified in the indictment as “Company Reports.”
The indictment was returned on Nov. 3 and unsealed today. Danchenko was arrested earlier today and is scheduled to appear before U.S. Magistrate Judge Theresa C. Buchanan today at 2:30 p.m.
According to the indictment, on June 15, 2017, March 16, 2017, May 18, 2017, Oct. 24, 2017, and Nov. 16, 2017, Danchenko made false statements regarding the sources of certain information that he provided to a U.K. investigative firm that was then included in reports prepared by the U.K. investigative firm and subsequently passed to the FBI. The June 15, 2017, false statement count alleges that Danchenko denied that he had spoken with a particular individual about material information contained in one of the Company Reports when he knew that was untrue. The March 16, 2017, May 18, 2017, Oct. 24, 2017, and Nov. 16, 2017, counts involve statements made by Danchenko on those dates to FBI agents regarding information he purportedly had received from an anonymous caller who he believed to be a particular individual, when in truth and in fact he knew that was untrue. The information purportedly conveyed by the anonymous caller included the allegation that there were communications ongoing between the Trump campaign and Russian officials and that the caller had indicated the Kremlin might be of help in getting Trump elected.
Charges contained in an indictment are only allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is being prosecuted by Assistant Special Counsel Andrew J. DeFilippis, Assistant Special Counsel Michael T. Keilty, and Assistant Special Counsel Jonathan E. Algor, with the support and assistance of other members of Special Counsel Durham’s team. The Special Counsel’s investigation is ongoing.
Justice Department Settles with Transport Packaging Services Company to Resolve Immigration-Related Discrimination ClaimRead the Press Release
The Department of Justice today announced it has reached a settlement agreement with Rehrig Pacific Company (Rehrig Pacific), headquartered in California. The settlement resolves allegations that Rehrig Pacific discriminated against a non-U.S. citizen when, because of his citizenship status, it did not give him the opportunity to produce his choice of valid documentation proving his permission to work.
“It is unlawful for employers to restrict the documentation that workers can present to prove their authorization to work based on citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “The Justice Department will continue to safeguard the rights of workers who face unlawful discrimination.”
The department’s investigation began after a non-U.S. citizen filed a discrimination complaint. The investigation determined that when the company was checking his continued permission to work, it instructed him to produce a new document from the Department of Homeland Security. The Immigration and Nationality Act (INA) prohibits employers from limiting or specifying the types of documentation a worker is allowed to show to prove permission to work, because of a worker’s citizenship, immigration status or national origin. As a result, even when an employer has a legal requirement to check a worker’s continued permission to work, the employer should allow the worker to present whatever valid documentation the worker chooses.
Under the settlement, Rehrig Pacific will pay civil penalties to the United States and train its employees who are responsible for verifying workers’ permission to work in the United States. The settlement also requires Rehrig Pacific to be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. More information on how employers can avoid unfair documentary practices is available here. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify) or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.
En Español
Justice Department Reaches Agreement Resolving Investigation of Religious Practice Policies and Procedures within Michigan Department of CorrectionsRead the Press Release
The Department of Justice today announced that it has reached an agreement with the Michigan Department of Corrections (MDOC) to resolve its investigation of MDOC, pursuant to the Religious Land Use and Institutionalized Persons Act (RLUIPA).
The investigation and agreement addressed MDOC’s policy of a five-person minimum for group worship and religious activities, its policy of prohibiting group religious practice for certain religious groups, including Hindu, Yoruba, Hebrew Israelite and Thelema practitioners, and its restrictions limiting access to the kosher-for-Passover diet to those on the kosher diet year-round. These policies and procedures will be changed pursuant to the agreement reached today.
“The religious rights of all people, including those detained inside our nation’s jails and prisons, must be protected,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement will protect the religious practices of incarcerated persons across Michigan The Justice Department remains steadfast in its commitment to ensuring that the religious rights of prisoners are respected.”
“Federal law guarantees the right to freely exercise your religion to all Americans,” said Acting U.S. Attorney Saima Shafiq Mohsin for the Eastern District of Michigan. “We are pleased that this agreement makes it easier for prisoners in the custody of the Michigan Department of Corrections to exercise this fundamental right.”
“My office is dedicated to protecting the fundamental right to exercise one’s religion, which includes the rights of institutionalized persons to practice their faiths and worship together,” said U.S. Attorney Andrew Byerly Birge for the Western District of Michigan. “This agreement is an example of my office’s commitment to protecting religious freedom for all, and we are grateful for the MDOC’s willingness to work with us and implement new policies to ensure better protection for these rights.”
As part of the agreement, MDOC will make changes to its policies and practices. The new policies and practices will (1) remove the five-person minimum for religious services and activities; (2) remove the prohibition on group religious practice for Hindu, Yoruba, Hebrew Israelite and Thelema practitioners; and (3) remove the requirement that incarcerated persons must be on the kosher diet year-round to receive the kosher-for-Passover meal. MDOC will also provide training to staff and chaplains involved in implementing the revised policy. The Department of Justice will have access to documents and correctional facilities to assess compliance with the agreement.
For additional information about the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. Those interested in finding out more about RLUIPA may visit https://www.justice.gov/crt/religious-land-use-and-institutionalized-persons-act-0. The Department of Justice issued a report on the 20th Anniversary of RLUIPA in 2020 (https://www.justice.gov/opa/press-release/file/1319031/download) and a statement on the Institutionalized Persons Provisions of RLUIPA in 2017 (/media/900231/dl?inline).
Justice Department Files Lawsuit Against the State of Texas to Protect Voting RightsRead the Press Release
The U.S. Justice Department announced today that it has filed a lawsuit against the State of Texas and the Texas Secretary of State over certain restrictive voting procedures imposed by Texas Senate Bill 1, which was signed into law in September 2021. The United States’ complaint challenges provisions of Senate Bill 1 under Section 208 of the Voting Rights Act and Section 101 of the Civil Rights Act of 1964.
“Our democracy depends on the right of eligible voters to cast a ballot and to have that ballot counted,” said Attorney General Merrick B. Garland. “The Justice Department will continue to use all the authorities at its disposal to protect this fundamental pillar of our society.”
“The Civil Rights Division is committed to protecting the fundamental right to vote for all Americans,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Laws that impair eligible citizens’ access to the ballot box have no place in our democracy. Texas Senate Bill 1’s restrictions on voter assistance at the polls and on which absentee ballots cast by eligible voters can be accepted by election officials are unlawful and indefensible.”
The United States’ complaint contends that Senate Bill 1 violates Section 208 of the Voting Rights Act by improperly restricting what assistance in the polling booth voters who have a disability or are unable to read or write can receive. The complaint alleges that Senate Bill 1 harms those voters by barring their assistors from providing necessary help, including answering basic questions, responding to requests to clarify ballot translations or confirming that voters with visual impairments have marked a ballot as intended. The United States’ complaint also contends that Senate Bill 1 violates Section 101 of the Civil Rights Act of 1964 by requiring rejection of mail ballots and mail ballot request forms because of certain paperwork errors or omissions that are not material to establishing a voter’s eligibility to cast a ballot. The complaint asks the court to prohibit Texas from enforcing these requirements.
The department also filed a statement of interest today in a Texas federal court, in litigation brought by private plaintiffs challenging Senate Bill 1. The statement of interest addresses issues related to Section 2 of the Voting Rights Act, including explaining that Section 2 permits private plaintiffs to file suit to remedy racially discriminatory voting practices.
More information about the Voting Rights Act, the Civil Rights Act and other federal voting laws is available on the Department of Justice’s website at www.justice.gov/crt/about/vot. Complaints about discriminatory voting practices may be reported to the Voting Section of the Justice Department’s Civil Rights Division through the internet reporting portal at https://civilrights.justice.gov/ or by telephone at 1-800-253-3931.
View a list of the department’s actions to protect voting rights here.
El Departamento de Justicia Llega a un Acuerdo Con una Agencia de Servicios de Embalaje de Transporte Que Resuelve una Denuncia de Discriminación Relacionada Con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Rehrig Pacific Company (Rehrig Pacific), con sede en California. El acuerdo resuelve acusaciones de que Rehrig Pacific había discriminado a un no ciudadano de los EE. UU. cuando, por motivos de su estatus de ciudadanía, no le dio la oportunidad de presentar la documentación válida de su elección para demostrar su permiso para trabajar.
«Es ilegal para los empleadores restringir la documentación que sus trabajadores pueden presentar para demostrar su autorización para trabajar por motivos de su estatus migratorio o ciudadanía», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles. «El Departamento de Justicia seguirá protegiendo los derechos de trabajadores que se enfrenten a discriminación ilegal».
La investigación del Departamento comenzó después de que un no ciudadano de los EE. UU. presentó una demanda de discriminación. La investigación determinó que la compañía, a la hora de comprobar que él seguía contando con permiso para trabajar, le había indicado que presentase un nuevo documento del Departamento de Seguridad Nacional. La Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) prohíbe que los empleadores restrinjan o especifiquen los tipos de documentación que se le permiten al trabajador presentar para demostrar que cuenta con permiso para trabajar, por motivos de la ciudadanía, estatus migratorio o nacionalidad de origen de tal trabajador. Como resultado, incluso cuando un empleador tiene el requisito legal de comprobar el permiso continuo para trabajar de un trabajador, el empleador debe permitir al trabajador presentar la documentación válida que él mismo elija.
Conforme el acuerdo, Rehrig Pacific pagará una sanción civil a los Estados Unidos y capacitará a sus empleadores responsables de la verificación del permiso para trabajar en los EE. UU. de los trabajadores. Asimismo, el acuerdo requiere que Rehrig Pacific se someta a los requisitos de supervisión y declaración del Departamento.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas y represalias e intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Hay más información aquí sobre cómo los empleadores pueden evitar las prácticas documentales injustas. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; ; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
Para ver el texto original, ir a: https://www.justice.gov/opa/pr/justice-department-settles-transport-packaging-services-company-resolve-immigration-related
Architecture Firm Bookkeeper Pleads Guilty to Payroll Tax FraudRead the Press Release
A West Virginia woman pleaded guilty today to willfully failing to pay over to the IRS employment taxes withheld from employees’ wages.
According to court documents and statements made in court, Diann Clark was an office manager and bookkeeper at Alpha Associates, an architectural firm in Morgantown where she managed payroll between 2014 and 2018. Clark was responsible for collecting and paying over to the IRS Social Security, Medicare and income taxes withheld from the wages of Alpha Associates employees. Despite knowing the firm withheld payroll taxes from its employees’ paychecks, Clark did not pay over these taxes to the IRS. As a result, Clark caused a total tax loss of $1,986,410.
Clark is scheduled to be sentenced at a later date. She faces a statutory maximum sentence of five years in prison, as well as a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney William J. Ihlenfeld II of the Northern District of West Virginia made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorney Kevin Schneider of the Justice Department’s Tax Division and Assistant U.S. Attorney Danae DeMasi-Lemon of the Northern District of West Virginia are prosecuting the case.
Justice Department Settles Retaliation Suit Against Wilson County, North Carolina, on Behalf of Employee who Complained of Sexual HarassmentRead the Press Release
The Department of Justice announced today that it has entered into a consent decree with Wilson County, North Carolina, that, if approved by the U.S. District Court for the Eastern District of North Carolina, will resolve the department’s complaint alleging retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended. The complaint alleges that Wilson County Emergency Communications (WCEC) engaged in unlawful retaliation when it fired an employee, Jennifer Riddle, after she disclosed to supervisors that she had been sexually harassed while on the job.
Riddle was hired as a telecommunicator trainee for WCEC in 2017. Soon after she began working there, Riddle was sexually harassed by the agency’s assistant director. Riddle reported the harassment to multiple supervisors, and WCEC investigated. After concluding that Riddle’s complaints were valid, the County began the process of firing the assistant director, though he resigned before he was formally fired. Soon after the assistant director’s departure, Riddle began experiencing hostility from her supervisor and co-workers, culminating in a transfer. When she disclosed to the supervisors on her new shift that she had previously been sexually harassed by the assistant director and that WCEC failed to effectively deal with her harasser, the agency fired her.
“This lawsuit and settlement send a clear message that the department stands with the brave employees who oppose unlawful discrimination in the workplace, and that we will vigorously oppose any employer that attempts to use retaliation as a means to suppress an employee’s civil rights,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “With this consent decree, Wilson County has committed to improving the workplace for all of its employees by implementing enhanced anti-discrimination training, policies and investigative procedures.”
Under the terms of the consent decree, Wilson County will develop and submit to the United States for approval revised discrimination and retaliation policies, investigation procedures for complaints of discrimination, and trainings that will apply county-wide. The consent decree further requires Wilson County to pay Riddle $100,000 in compensatory damages and back pay.
The enforcement of Title VII and other federal employment discrimination laws is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division and its work is available on its website at www.justice.gov/crt.
The case was brought by Trial Attorneys Christopher Woolley and Vendarryl Jenkins of the Civil Rights Division’s Employment Litigation Section.
Mississippi Podiatrist Charged for Alleged Foot Bath SchemeRead the Press Release
A federal grand jury in Oxford, Mississippi, returned an indictment on Oct. 27 that was unsealed today, charging a Mississippi podiatrist with a scheme to defraud health care benefit programs, including Medicare, by prescribing and dispensing medically unnecessary medications and ordering medically unnecessary testing, including in exchange for kickbacks and bribes.
According to court documents, Carey “Craig” Williams, 63, of Water Valley, owned and operated a podiatry clinic, North Mississippi Foot Specialists P.C., as well as an in-house pharmacy. The indictment alleges that Williams regularly prescribed antibiotic and antifungal drugs to be mixed into a tub of warm water for patients to soak their feet. These drug cocktails often included capsules and creams that were not medically indicated to be dissolved in water and were often chosen based on their anticipated reimbursement amount rather than on medical necessity. The indictment also alleges that Williams ordered medically unnecessary molecular diagnostic testing to be performed on his patients’ toenail clippings, including testing for the bacteria that causes “cat scratch disease,” which is unlikely to be found in a toenail. In addition, the indictment alleges that Williams solicited and received cash kickbacks from a marketer in exchange for referring prescriptions for foot bath medications and referring biological specimens and testing orders to pharmacies and laboratories. Between approximately July 2016 and July 2021, Williams allegedly caused pharmacies to submit over $4.9 million in false and fraudulent claims to Medicare for dispensing expensive foot bath medications that were not medically necessary. Between approximately January 2018 and April 2021, Williams also allegedly caused a diagnostic laboratory to submit more than $6.4 million in false and fraudulent claims to Medicare for medically unnecessary molecular diagnostic testing.
Williams is charged with one count of conspiracy to commit health care fraud and wire fraud; seven counts of health care fraud; one count of conspiracy to defraud the United States and to offer, pay, solicit, and receive kickbacks; and two counts of soliciting and receiving kickbacks. He made his initial court appearance today before U.S. Magistrate Judge David A. Sanders of the U.S. District Court for the Northern District of Mississippi. If convicted, Williams faces a maximum penalty of 20 years of imprisonment for conspiracy to commit health care fraud and wire fraud; 10 years of imprisonment per health care fraud count; five years of imprisonment for the kickback conspiracy count; and five years of imprisonment per count of soliciting and receiving kickbacks. 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; Acting U.S. Attorney Clay Joyner for the Northern District of Mississippi, Special Agent in Charge Derrick L. Jackson of the Department of Health and Human Services-Office of Inspector General (HHS-OIG), and Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division made the announcement.
HHS-OIG and the FBI are investigating the case.
Trial Attorneys Sara E. Porter and Justin M. Woodard of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Clayton A. Dabbs of the U.S. Attorney’s Office for the Northern District of Mississippi are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
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 Sues to Block Penguin Random House’s Acquisition of Rival Publisher Simon & SchusterRead the Press Release
The U.S. Department of Justice filed a civil antitrust lawsuit today to block Penguin Random House’s proposed acquisition of its close competitor, Simon & Schuster. As alleged in the complaint filed in the U.S. District Court for the District of Columbia, this acquisition would enable Penguin Random House, which is already the largest book publisher in the world, to exert outsized influence over which books are published in the United States and how much authors are paid for their work.
“The complaint filed today to ensure fair competition in the U.S. publishing industry is the latest demonstration of the Justice Department’s commitment to pursuing economic opportunity and fairness through antitrust enforcement,” said Attorney General Merrick B. Garland.
“Books have shaped American public life throughout our nation’s history, and authors are the lifeblood of book publishing in America. But just five publishers control the U.S. publishing industry,” the Attorney General continued. “If the world’s largest book publisher is permitted to acquire one of its biggest rivals, it will have unprecedented control over this important industry. American authors and consumers will pay the price of this anticompetitive merger – lower advances for authors and ultimately fewer books and less variety for consumers.”
“In stopping Penguin Random House from extending its control of the U.S. publishing market, this lawsuit will prevent further consolidation in an industry that has a history of collusion,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “I want to thank the Attorney General and senior leadership of the department for their support of antitrust enforcement.”
As described in the complaint, publishers compete to acquire manuscripts, which they edit, package, market, distribute and sell as books. Publishers pay authors advances for the rights to publish their books. In most cases, the advance represents an author’s total compensation for their work.
The publishing industry is already highly concentrated, as the complaint details. Just five publishers, known as the “Big Five,” are regularly able to offer high advances and extensive marketing and editorial support, making them the best option for authors who want to publish a top-selling book. Most authors aspire to write the next bestseller and selling their rights to the Big Five offers the best chance to do so.
While smaller publishers occasionally win the publishing rights to anticipated top-selling books, they lack the financial resources to regularly pay the high advances required and absorb the financial losses if a book does not meet sales expectations. Today, Penguin Random House, the world’s largest publisher, and Simon & Schuster, the fourth largest in the United States, compete head-to-head to acquire manuscripts by offering higher advances, better services and more favorable contract terms to authors. However, as the complaint alleges, the proposed merger would eliminate this important competition, resulting in lower advances for authors and ultimately fewer books and less variety for consumers.
The complaint alleges that the acquisition of Simon & Schuster for $2.175 billion would put Penguin Random House in control of close to half the market for acquiring publishing rights to anticipated top-selling books, leaving hundreds of individual authors with fewer options and less leverage. According to its own documents as described in the complaint, Penguin Random House views the U.S. publishing market as an “oligopoly” and its acquisition of Simon & Schuster is intended to “cement” its position as the dominant publisher in the United States.
Courts have long recognized that the antitrust laws are designed to protect both buyers and sellers of products and services, including, as relevant here, authors who rely on competition between the major publishers to ensure they are fairly compensated for their work. As the complaint makes clear, this merger will cause harm to American workers, in this case authors, through consolidation among buyers – a fact pattern referred to as “monopsony.”
The Antitrust Division’s Horizontal Merger Guidelines lay out a straightforward framework to analyze monopsony cases, and under those guidelines this transaction is presumptively anticompetitive. Simply put, if Penguin Random House acquires Simon & Schuster, the two publishers will stop competing against each other. As a result, authors will be paid less for their work. Authors who are paid less write less, which, in turn, means that the quantity and variety of books diminishes too.
Penguin Random House LLC is a subsidiary of Bertelsmann SE & Co. KGaA and is headquartered in New York, New York. Penguin Random House publishes 2,000 new trade books in the United States annually. In 2019, Penguin Random House reported revenues of $2.4 billion from U.S. publishing.
Simon & Schuster Inc. is a subsidiary of ViacomCBS Inc. and is headquartered in New York, New York. Simon & Schuster publishes 1,000 new trade books in the United States annually. In 2019, Simon & Schuster reported revenues of $760 million from U.S. publishing.
Justice Department Secures Agreement with Rite Aid Corporation to Make Its Online COVID-19 Vaccine Registration Portal Accessible to Individuals with DisabilitiesRead the Press Release
The Justice Department and the U.S. Attorney’s Office for the Middle District of Pennsylvania today announced a settlement agreement with Rite Aid Corporation that will help people with disabilities get information about COVID-19 vaccinations and book their vaccination appointments online.
Rite Aid’s COVID-19 Vaccine Registration Portal, currently located at https://www.riteaid.com/covid-19, was not accessible to some people with disabilities, including those who use screen reader software and those who have a hard time using a mouse. For instance, the calendar on Rite Aid’s website used for scheduling vaccine appointments did not show screen reader users any available appointment times, and people who use the tab key instead of a mouse could not make a choice on a consent form that they needed to fill out before scheduling their appointment.
“Equal access to healthcare is one of the most important rights guaranteed by the Americans with Disabilities Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “As the nation continues its response to the COVID-19 pandemic — through booster shots, vaccinations for children under 12, and ongoing outreach to those still in need of initial doses — people with disabilities must be able to schedule potentially lifesaving vaccine appointments as easily as people without disabilities can.”
Under today’s settlement, Rite Aid has agreed to make content about the COVID-19 vaccine, including the forms for scheduling an appointment to get the vaccine, conform to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA. WCAG is a set of voluntary industry guidelines for making information on a website accessible to users with disabilities. Rite Aid also must regularly test the pages of its website about vaccine scheduling and information and quickly fix any problems that keep people with disabilities from being able to use these pages.
“As technology increases, the internet is where people gain access to information about COVID-19 vaccines and schedule a vaccination appointment,” said Acting U.S. Attorney Bruce D. Brandler for the Middle District of Pennsylvania. “Individuals with disabilities, including those with visual impairments and those who cannot use a mouse, must be given the same access to that information and the ease of scheduling appointments online. Since the beginning of the fight against the COVID-19 pandemic, private companies have partnered with the United States. Today, with the help of Rite Aid, we make great strides in that continuing partnership by ensuring individuals with disabilities have the ability to schedule a COVID-19 vaccination independently and privately.”
This matter was handled jointly by the Disability Rights Section of the department’s Civil Rights Division and Civil Rights Coordinator Michael Butler of the U.S. Attorney’s Office for the Middle District of Pennsylvania. Title III of the Americans with Disabilities Act (ADA) requires public accommodations like drugstores and grocery stores to provide individuals with disabilities with full and equal enjoyment of goods and services, such as vaccines. The ADA also requires public accommodations to ensure effective communication with people with disabilities, including by using auxiliary aids and services like accessible technology.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at www.ada.gov/complaint. Anyone in the Middle District of Pennsylvania may also report civil rights violations to the Civil Rights Coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing [email protected].
COPS Office Announces Funding to Combat Illegal Opioids and MethamphetamineRead the Press Release
The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) announced today $44.5 million in funding to support state-level law enforcement agencies in combating the illegal manufacturing and distribution of methamphetamine, heroin and prescription opioids.
“The Department of Justice is very pleased to provide these critical public safety resources and continue supporting law enforcement efforts to battle against the national crisis posed by the manufacture and distribution of methamphetamine, heroin and prescription opioids,” said Associate Attorney General Vanita Gupta. “This funding will help to greatly reduce the availability of lethal drugs and maintain health and safety in our communities.”
Through the Anti-Heroin Task Force Program (AHTF), the COPS Office is awarding more than $31.1 million in grant funding to 13 state law enforcement agencies with multijurisdictional reach and interdisciplinary team (e.g., task force) structures. AHTF provides funding directly to state law enforcement agencies in states with high per capita rates of primary treatment admissions for heroin, fentanyl, carfentanil, and other opioids. This funding will support the location or investigation of illicit activities through statewide collaboration related to the distribution of heroin, fentanyl or carfentanil, or the unlawful distribution of prescription opioids.
Through the COPS Anti-Methamphetamine Program (CAMP), the COPS Office will also award more than $13.3 million to nine state law enforcement agencies that have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories and laboratory dump seizures. This funding will support the location or investigation of illicit activities related to the manufacture and distribution of methamphetamine, including precursor diversion, laboratories or methamphetamine traffickers.
The complete list of Anti-Heroin Task Force Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/pdf/2021AwardDocs/ahtf/Award_List.pdf
The complete list of COPS Anti-Methamphetamine Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/pdf/2021AwardDocs/camp/Award_List.pdf
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 organization 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 134,000 officers.
Three Shreveport Police Officers Indicted on Federal Civil Rights Charges for Assaulting Two ArresteesRead the Press Release
Three police officers with the Shreveport Police Department were indicted today on federal civil rights charges.
Treveion Brooks, 26; William Isenhour, 25; and D’Andre Jackson, 25, are charged with deprivation of rights under color of law. The indictment alleges that on Jan. 24, 2020, Officer Brooks assaulted an arrestee, identified in the indictment only as D.R., resulting in bodily injury to D.R. The indictment further alleges that Officers Isenhour and Jackson assaulted another arrestee, identified as C.B., resulting in bodily injury to C.B.
The civil rights charges carry a maximum penalty of ten years; actual sentences are often much lower than the statutory maximum.
This case was investigated by the FBI. Assistant U.S. Attorneys Mary Mudrick and Cadesby Cooper of the Western District of Louisiana and Trial Attorney Anita Channapati of the Civil Rights Division are prosecuting the case.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and Acting U.S. Attorney Alexander C. Van Hook of the Western District of Louisiana made the announcement.
An indictment is a formal accusation of criminal conduct, not evidence of guilt, and the defendant is presumed innocent unless proven guilty.
Seven Alabama Residents Charged with Conspiracy, Animal Fighting and Gambling Charges in Cockfighting OperationRead the Press Release
A federal grand jury returned a 23-count indictment this week charging seven Verbena, Alabama, residents with conspiracy to violate the Animal Welfare Act and to operate an illegal gambling business, among other violations, in connection with a large-scale cockfighting and fighting bird breeding operation.
The indictment alleges that, beginning at least as early as January 2018 and continuing through June of this year, the defendants maintained a cockfighting arena or “pit” with stadium seating for approximately 150 people and several rings to host cockfights. Cockfighting is a contest in which a person attaches a knife, gaff or other sharp instrument to the leg of a “gamecock” or rooster for the purpose of fighting another rooster. After a cockfighter straps a blade to a rooster, he or she intentionally faces the bird toward another similarly-armed rooster and sets it down within a few inches of that rooster. This results in a fight during which the roosters flap their wings and jump, while stabbing each other with the weapons that are fastened to their legs. A cockfight ends when one rooster is dead or refuses to continue to fight. Commonly, one or both roosters die after a fight.
Owners of cockfighting pits hold organized fights where many people can fight their trained birds against the fighting birds of other people. A series of individual cockfights is referred to as a “derby,” which usually consists of dozens of individual cockfights or matches that can last for several hours, or days. Cockfighting arenas, depending on the level of sophistication, will have multiple fighting pits. “Main fights” occur in the main pit, while “drag pits” are used to finish fights from the main pit that have lasted so long that many of the spectators have lost interest. Mortally injured roosters are sometimes placed off to the side where people can then gamble on which animal will die first.
According to court documents, Verbena, Alabama, residents William Colon “Big Jim” Easterling, 75; Brent Colon Easterling, 37; Kassi Brook Easterling, 38; William Tyler Easterling, 29; George William “Billy” Easterling, 55; and Thomas Glyn “Junior” Williams, 33, were charged with one count of conspiracy to violate the Animal Welfare Act and to operate an illegal gambling business since at least 2018 and, along with Amber Nicole Easterling, 23, are charged with a substantive count of operating an illegal gambling business. Each defendant is also charged with related substantive violations of the Animal Welfare Act. Tyler Easterling additionally is charged with a single violation of the Migratory Bird Treaty Act for capturing and killing a Great Horned Owl.
The Easterlings also operated three adjacent fighting bird breeding operations, one owned and operated by Big Jim Easterling; one called L&L Gamefarm, owned and operated by Brent and Kassi Easterling; and one called Swift Creek Gamefarm, owned and operated by Billy and Tyler Easterling with help from Junior Williams. At these operations, the defendants bred birds for promising fighting traits, sold and shipped birds from their breeding operations to other people for purposes of cockfighting and producing more birds to fight, and promoted the fighting abilities of the birds they bred. Brent and Kassi Easterling also promoted and sold cockfighting weapons from their breeding operation. At least one buyer is alleged to have paid $800 for a single rooster.
The defendants had their initial court appearance today, Oct. 29, before U.S. Magistrate Judge Susan Russ Walker of the U.S. District Court for the Middle District of Alabama.
If convicted of conspiracy, Animal Welfare Act violations, or operating an illegal gambling business, the defendants each face a maximum penalty of five years in prison. The Migratory Bird Treaty Act has a maximum penalty of six months in prison. Upon conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Department of Agriculture Office of Inspector General and Homeland Security Investigations are investigating the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
North Carolina Tax Preparer Sentenced to Prison for Defrauding IRSRead the Press Release
A North Carolina tax return preparer was sentenced today to 20 months in prison for conspiring to defraud the IRS.
According to court documents and statements made in court, from 2012 through 2017, Andrea Pasley, of Durham, conspired with Karen Jones and Audrey Odom to prepare fraudulent tax returns for clients of Jones and Stone Taxes. Returns prepared by the conspirators claimed false education credits or dependents or manipulated the clients’ income to qualify for larger earned income tax credits. Under the scheme, some clients were charged up to $3,000 for preparing returns. Based on an analysis of the falsely claimed education credits, the conspirators caused a tax loss of approximately $1.2 million.
Jones and Odom also pleaded guilty to conspiracy to defraud the IRS and were sentenced earlier this year to 22 months and 15 months in prison, respectively, for their roles in the conspiracy.
In addition to the term of imprisonment, U.S. District Judge Catherine C. Eagles ordered Pasley to serve three years of supervised release and to pay approximately $1,264,493 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorneys Todd Ellinwood and Kavitha Bondada of the Tax Division prosecuted the case.
Justice Department and FTC File Suit to Stop Deceptive Marketing of Nasal Spray Product Advertised as Purported COVID-19 TreatmentRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), Thursday announced a civil enforcement action against defendants Xlear Inc. and Nathan Jones for alleged violations of the COVID-19 Consumer Protection Act and the FTC Act.
According to a complaint filed in the U.S. District Court for District of Utah, the defendants advertised that their saline nasal spray product could prevent or treat COVID-19, without competent or reliable scientific evidence to support those claims. Further, the defendants allegedly made deceptive statements about several scientific studies to bolster their unproven COVID-19 claims. The COVID-19 Consumer Protection Act, passed by Congress in December 2020, prohibits deceptive acts or practices associated with the treatment, cure, prevention, mitigation or diagnosis of COVID-19. The complaint also alleges violations of the FTC Act, which prohibits unfair and deceptive conduct, as well as false advertising. The complaint seeks civil penalties and injunctive relief to stop the defendants from continuing to make deceptive advertising claims.
“The Department of Justice will not tolerate individuals or companies attempting to profit from the current public health emergency by unlawfully and deceptively advertising unproven products,” said Acting Assistant Attorney General Brian M. Boynton of the Department of Justice’s Civil Division. “The department is committed to working with the FTC to enforce the FTC Act and the COVID-19 Consumer Protection Act against those who unlawfully market unproven COVID-19 treatments.”
“Companies can’t make unsupported health claims, no matter what form a product takes or what it supposedly prevents or treats,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “That’s the lesson of this case and many others like it, and it’s why people should continue to rely on medical professionals over ads.”
This matter is being handled by Trial Attorneys Noah Katzen and Alisha Crovetto of the Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Joel Ferre from the U.S. Attorney’s Office for the District of Utah. Keith Fentonmiller and Courtney A. Estep represent the FTC.
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, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of fraud related to COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Founder of Russian Bank Sentenced for Felony Tax Conviction Arising from Scheme to Evade Exit Tax while Renouncing his U.S. CitizenshipRead the Press Release
The founder of a Russian bank was sentenced today for his felony conviction for filing a false tax return. As required under his plea agreement, prior to sentencing, Oleg Tinkov, aka Oleg Tinkoff, paid $508,936,184, more than double what he had sought to escape paying to the U.S. Treasury through a scheme to renounce his U.S. citizenship and conceal from the IRS large stock gains that he knew were reportable. This includes $248,525,339 in taxes, statutory interest on that tax and a nearly $100 million fraud penalty. Tinkov was additionally fined $250,000, which is the maximum allowed by statute, and sentenced to time served and one year of supervised release.
Tinkov was indicted in Sept. 2019 for willfully filing false tax returns, and was arrested on Feb. 26, 2020, in London, United Kingdom (UK). The United States sought extradition, and Tinkov contested on medical grounds. In public records, Tinkov has disclosed that he is undergoing a UK-based intensive treatment plan for acute myeloid leukemia and graft versus host disease, which has rendered him immunocompromised and unable to safely travel in the foreseeable future.
On Oct. 1, 2021, Tinkov entered a plea to one count of filing a false tax return. According to the plea agreement, Tinkov was born in Russia and became a naturalized United States citizen in 1996. From that time through 2013, he filed U.S. tax returns. In late 2005 or 2006, Tinkov founded Tinkoff Credit Services (TCS), a Russia-based branchless bank that provides its customers with online financial and banking services. Through a foreign entity, Tinkov indirectly held the majority of TCS shares.
In October 2013, TCS held an initial public offering (IPO) on the London Stock Exchange and became a multi-billion dollar, publicly traded company. As part of going public, Tinkov sold a small portion of his majority shareholder stake for more than $192 million, and his assets following the IPO had a fair market value of more than $1.1 billion. Three days after the successful IPO, Tinkov went to the U.S. Embassy in Moscow, Russia, to relinquish his U.S. citizenship.
As part of his expatriation, Tinkov was required to file a U.S. Initial and Annual Expatriation Statement. This form requires expatriates with a net worth of $2 million or more to report the constructive sale of their assets worldwide to the IRS as if those assets were sold on the day before expatriation. The taxpayer is then required to report and pay tax on the gain from any such constructive sale.
Tinkov was told of his filing and tax obligations by both the U.S. Embassy in Moscow and his U.S.-based accountant. When asked by his accountant if his net worth was more than $2 million for purposes of filling out the expatriation form, Tinkov lied and told him he did not have assets above $2 million. When his accountant later inquired whether his net worth was under $2 million, rather than answer the question, Tinkov filled out the expatriation form himself falsely reporting that his net worth was only $300,000. On Feb. 26, 2014, Tinkov filed a 2013 individual tax return that falsely reported his income as only $205,317. In addition, Tinkov did not report any of the gain from the constructive sale of his property worth more than $1.1 billion, nor did he pay the applicable taxes as required by law. In total, Tinkov caused a tax loss of $248,525,339, which he has paid in full with substantial penalties and interest as part of his plea, together with tax liabilities for other years.
Acting Deputy Assistant Attorney General Stuart M. Goldberg, Acting U.S. Attorney Stephanie M. Hinds for the Northern District of California and Acting Special Agent in Charge Darrell J. Waldon of the IRS-CI Washington, D.C. Field Office made the announcement.
The IRS-Criminal Investigation Division investigated the case. The Justice Department’s Office of International Affairs and law enforcement partners in the UK secured Tinkov’s arrest overseas.
Assistant U.S. Attorneys Michelle J. Kane and Colin Sampson and former Assistant U.S. Attorney Jose Olivares of the U.S. Attorney’s Office for the Northern District of California and Trial Attorney Peter Anthony and former Assistant Chief Yael T. Epstein of the Tax Division prosecuted the case.
Attorney General Merrick B. Garland Restores the Office for Access to JusticeRead the Press Release
U.S. Attorney General Merrick B. Garland today announced the restoration of a standalone Office for Access to Justice within the Justice Department dedicated to improving the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America.
“Making real the promise of equal justice under law was the founding principle of the Department of Justice and is the mission for which it must always stand,” said Attorney General Garland. “There can be no equal justice without equal access to justice. And because we do not yet have equal access to justice in America, the task before us is urgent.”
Today’s announcement is the first step in the Attorney General’s phased strategic plan to restore and expand the emphasis on access to justice within the department and throughout the federal government. The plan, which was submitted to the President last month, resulted from a strategic review process launched by the Attorney General in May, which engaged a wide range of stakeholders across all levels of government and beyond nationwide – including civil legal aid and public-defender organizations; pro bono practitioners; bar associations; data scientists; and leaders in environmental justice, economic justice and immigration reform. The review revealed that longstanding justice gaps in our country have been exposed and exacerbated by COVID-19. It identified a clear and immediate need for the restoration of a standalone office within the Justice Department dedicated to the mission of closing those gaps.
“As the only agency in our federal government that bears the name of a value, the Justice Department has a unique charge,” said Associate Attorney General Vanita Gupta. “Justice exists only if it is accessible to all. For this reason, the Attorney General’s decision to rebuild the Office for Access to Justice and expand our efforts to remove the barriers to equal justice under law is a critical step.”
In addition to restoring the Office for Access to Justice within the Justice Department, in his capacity as co-chair of the Legal Aid Interagency Roundtable (Roundtable), Attorney General Garland also released the Roundtable’s 2021 report together with White House Counsel Dana Remus. The Roundtable, which the President reconvened earlier this year, brings together more than two dozen federal departments and agencies across the federal government to address the most pressing legal services challenges that low-income communities, communities of color, and many others across our country face today. The report released today details efforts across the federal government to drive innovation and expand access to justice during the COVID-19 pandemic.
Rwandan Genocide Suspect Permanently Leaves the United States After DenaturalizationRead the Press Release
A Rwanda native, most recently residing in Buffalo, New York, has been denaturalized by consent and departed from the United States under an order of removal following the filing of a complaint citing his suspected involvement in the Rwandan genocide in 1994.
According to court documents, Peter Kalimu, aka Pierre Kalimu, aka Fidele Twizere, was living in Rwanda in 1994, when violent conflict erupted between the country’s two major ethnic groups, the Hutus and the Tutsis. During the conflict, often referred to as the Rwandan genocide, members of the majority Hutu population persecuted the minority Tutsis, committing mass murder and looting their property, among other crimes. An estimated 800,000 ethnic Tutsis and moderate Hutus were killed during the three-month genocide. The complaint against Kalimu alleged that he participated in two attacks on Tutsi families in his neighborhood during the genocide, and that he looted property from Tutsi families whose houses he then destroyed. Kalimu denied these allegations.
According to the civil denaturalization complaint, while living in Rwanda, Kalimu went by the name Fidèle Twizere. After he left Rwanda, he used a different name – Pierre Kalimu – and provided only that name, and a new date of birth, on his U.S. immigration forms. Throughout the process of applying for permanent residence and U.S. citizenship, Kalimu never disclosed to the U.S. government his previous identity as Fidèle Twizere or his prior use of a different date of birth. The complaint further alleged that Kalimu’s misrepresentations about his identity precluded U.S. government officials from investigating him and determining that he was not qualified to obtain immigration and naturalization benefits.
Kalimu admitted that he was ineligible for citizenship because he engaged in welfare fraud in New York in 2003-2004 – one of the allegations in the civil denaturalization complaint – and agreed to denaturalization. The Justice Department obtained an order from the U.S. District Court for the Western District of New York, effective Sept. 1, revoking Kalimu’s naturalized U.S. citizenship by consent, and the court entered judgment in favor of the United States on Sept. 30.
In a separate prosecution, in 2018, Kalimu pleaded guilty to, and was convicted of, one felony count of making materially false statements about his true name to federal investigators of the Department of Homeland Security (DHS).
On Oct. 12, a U.S. Immigration Judge in Buffalo, ordered Kalimu’s removal for making materially false statements to procure immigration and naturalization benefits. Kalimu agreed to the entry of the order against him. On Oct. 21, Kalimu departed the United States.
“In seeking to escape his past in Rwanda, Kalimu obscured his true identity and repeatedly lied to immigration officers in order to become a U.S. citizen,” said Assistant Attorney General Kenneth A. Polite Jr. of the plJustice Department’s Criminal Division.
“The United States will not be a safe haven for suspected human rights violators,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Justice Department is dedicated to preventing those who commit human rights violations from evading our immigration laws.”
“Kalimu’s misrepresentations to the U.S. government paved the way for the defendant to avoid discovery of his past transgressions and to establish a life in the United States, which included benefits afforded to all citizens,” stated U.S. Attorney Trini E. Ross of the Western District of New York. “Because of the diligent work of the various government agencies involved with this investigation to uncover the truth and make amends for the lies and omissions of the defendant, he was rightly prosecuted, was removed from our country, and can no longer escape his actual past.”
“HSI special agents will not cease in our pursuit of identifying and bringing to justice those individuals who have participated in unthinkable war crimes and human rights abuses,” said Executive Associate Director Steve Francis of Homeland Security Investigations (HSI). “In coordination with the HSI-led Human Rights Violators and War Crimes Center in Washington, D.C., our special agents and prosecutors continue to ensure that perpetrators are held accountable and denied safe haven in the United States.”
This matter was litigated by the Department of Justice Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and the Civil Division’s Office of Immigration Litigation (OIL) Enforcement Section; and the U.S. Attorney’s Office for the Western District of New York.
U.S. Immigration and Customs Enforcement’s (ICE) HSI Buffalo and HSI’s Human Rights Violators and War Crimes Unit investigated this matter. Valuable consultation and support were provided by ICE’s Office of the Principal Legal Advisor (OPLA) Human Rights Law Division and the Buffalo Office of the Principal Legal Advisor.
The civil denaturalization case was prosecuted by Senior Counsel Steven Platt of OIL; Assistant U.S. Attorney Daniel Moar for the Western District of New York; Trial Attorney Susan Masling, and Director of Human Rights Enforcement Strategy and Policy Eli Rosenbaum of HRSP, supported by HRSP Chief Historian Dr. Jeffrey Richter. The removal case was litigated by ICE’s Buffalo Office of the Principal Legal Advisor.
Members of the public who have information about foreign nationals or naturalized U.S. citizens suspected of engaging in human rights abuses or war crimes are encouraged to call the ICE tip line at 1-866-DHS-2-ICE or to complete its online tip form.