District Not Recorded

WASHINGTON - Yesterday, Deputy Attorney General Lisa Monaco convened the first meeting of the COVID-19 Fraud Enforcement Task Force. Launched earlier this month, the Task Force is marshalling the resources of the Department of Justice in partnership with agencies across the federal government to enhance enforcement efforts against COVID-19 related fraud.

In launching the first meeting of the Task Force, Deputy Attorney General Lisa Monaco told the members that the “aim of the Task Force is to join forces against fraud and protect the integrity of government funds.”

The Task Force members discussed several of their priority goals, including increased efforts to combat fraud related to COVID-19 relief programs like the Paycheck Protection Program (PPP), the Economic Injury Disaster Loan (EIDL) program, as well as unemployment insurance benefits. The Task Force also discussed efforts to combat health care fraud, including the criminal charges that were announced earlier this week against 14 defendants for their alleged participation in various health care fraud schemes that exploited the COVID-19 pandemic and resulted in over $143 million in false billings.

The Deputy Attorney General closed by stressing that a well-informed public is the strongest weapon in preventing fraud and reiterating the Task Force's commitment to educating individuals and businesses about how they can best protect themselves.

For more information on the COVID-19 Fraud Enforcement Task Force, visit: Attorney General Announces Task Force to Combat COVID-19 Fraud | OPA | Department of Justice

Proposal Reinvigorates Civil Rights Enforcement, Counters International and Domestic Terrorism, Combats Violent Crime and Gun Violence, Advances Environmental Justice, Invests in Community Policing, Addresses Inequities in the Nation’s Criminal Justice System, and Reduces the Immigration Court Backlog

The President today submitted his Budget for Fiscal Year 2022 to Congress, totaling $35.3 billion for the Department of Justice (DOJ).  

The request seeks to sustain and enhance the Justice Department’s vital work to counter both international and domestic terrorism, reinvigorate civil rights enforcement, address inequities in the nation’s criminal justice system, combat gun violence, advance environmental justice and help reduce the backlog in the nation’s immigration courts.

“This budget proposal advances the Justice Department’s three overarching goals: keeping Americans safe, adhering to the Rule of Law, and seeking equal justice under law for everyone,” said Attorney General Merrick B. Garland. “These funds will strengthen our ability to counter international and domestic terrorism, support our efforts to curb violent crime, enhance our enforcement of voting rights and other civil rights laws, protect our nation from cyber-attacks, and double our resources dedicated to addressing gender-based violence and the support of survivors of domestic violence and sexual assault. Our request will increase public safety through investments in policing and criminal justice reform, as well as by dedicating funds to combating gun violence. Importantly, this budget makes a down payment on improving access to justice, a prerequisite to equal justice. The department looks forward to working with members of Congress on both sides of the aisle to help secure its timely passage.”

At the Department of Justice, the Budget would provide:

• More than $1.5 billion to combat international and domestic terrorism – an increase of more than 12% over the FY 2021– which includes an additional $101.2 million to address domestic terrorism with a broadscale approach across the Department.
• $2.1 billion, an increase of $184.3 million, to combat gun violence while focusing on programs that address both gun safety and violent crime.
• $177.2 million over the FY 2021 appropriation to reinvigorate Federal civil rights efforts, including to re-establish and expand the Office for Access to Justice and to support the Community Relations Service with conciliators in local communities.
• $1.0 billion, an increase of $486.5 million, to address gender-based violence through the Office on Violence Against Women, nearly twice the FY 2021 investment in this effort.
• $1.6 billion, an increase of $669.3 million, to implement further reforms to the criminal justice system and continue critical investment in implementation of the First Step Act of 2018.
• $1.3 billion, an increase of $379.8 million, to support programs designed to further strengthen relationships between law enforcement and the communities they serve.
• $44.0 million in new resources to advance environmental justice initiatives, including facilities modernization and repair.
• $177.5 million more than FY 2021 to reduce the immigration court backlog and fund new legal support efforts for children and families.
• $1.1 billion, an increase of $150.7 million, to augment Cyber Investigations and Cyber Security.

Countering International and Domestic Terrorism

As the Nation’s top law enforcement agency, the Department of Justice is devoted to a broad-scale approach to counter the threat of both international and domestic terrorism. While the United States has seen unprecedented and troubling levels of domestic violent extremism, the department and its law enforcement agencies remain acutely aware of the threats posed by international terrorist organizations. The budget request includes increased funding for the Federal Bureau of Investigation, the principal DOJ law enforcement agency charged with combating terrorism, to conduct domestic terrorism investigations, and for the U.S. Attorneys to manage increasing domestic terrorism caseloads. Further, the budget will support additional response capabilities at the U.S. Marshals Service and support research on the root causes of domestic radicalization at the National Institute of Justice.

The FY 2022 budget invests more than $1.5 billion to combat international and domestic terrorism, including an additional an $101.2 million to address the rising threat of domestic terrorism. 

Combating Violent Crime and Gun Violence

The Department is committed to addressing the epidemic of gun violence and other violent crime that has taken the lives of too many people in our communities. As part of the department’s recently announced strategy to reduce violent crime, including through grantmaking opportunities, the budget request establishes innovative new grants for States to incentivize Red Flag and Gun Licensing Laws; creates a new $100 million Community Violence Intervention Initiative to tackle gun violence in our neighborhoods; provides grants for Project Safe Neighborhoods, and expands ATF’s Crime Gun Intelligence through the National Integrated Ballistic Information Network. A new pilot program promotes the development, adoption and use of programs designed to help communities address situations where people become legally prohibited from possessing the firearms they own. 

The FY 2022 budget invests $2.1 billion to address gun violence and gun safety, an increase of $184.3 million over FY 2021. 

Reinvigorating Civil Rights Efforts 

Protecting our Nation’s civil rights is a top priority for the Department, as far too many of our citizens still face discrimination. To help protect marginalized communities, the budget request includes funding to re-establish the Office for Access to Justice, and increases funding for the Civil Rights Division, the Community Relations Service, the Office of Justice Programs and the Office on Violence Against Women. These funds will support the enforcement of voting rights and the protection of constitutional and civil rights; mediation and conciliation services for community conflicts arising from discriminatory practices; the prosecution of hate crimes across the nation, especially in communities uniquely impacted by bias, xenophobia and hate driven by the COVID-19 pandemic; and other civil rights activities.

The FY 2022 budget invests a total of $307.2 million in civil rights efforts, an increase of $177.2 million over FY 2021. 

Addressing Inequities in the Criminal Justice System

The Department’s budget request addresses the need to ensure equal justice for all Americans. The budget request prioritizes improving community relations through the Office of Justice Programs. The budget request establishes new programs for community-based alternatives to prison, expands the Part B Formula Grants, and increases funding for the Second Chance Act program. The Department will implement Executive Order 14006 by transferring Federal Prisoner Detention detainees from privately operated to alternate State, local, and Federal facilities with an additional $75.0 million. Finally, the budget continues the historic investment of $409.5 million by the Bureau of Prisons in the First Step Act.

The FY 2022 budget invests over $1.6 billion to address inequities in the criminal justice system in America, an increase of $669.3 million over FY 2021 levels. 

Investing in Community Policing 

Creating strong, positive ties between law enforcement and the communities they serve is critical to making the Nation’s communities safer and to rooting out systemic inequities in the justice system. Providing resources to police departments to help them reform and gain the trust of communities is a priority of this Department and this Administration. The department’s budget addresses the need to further strengthen relationships between communities and police officers by hiring local police officers and investing in racial sensitivity, hate crime and implicit bias training.

The FY 2022 budget invests a total of $1.3 billion to support law enforcement agencies, including through programs that support community-oriented policing policies and practices, as well as training for law enforcement on racial profiling, de-escalation and the duty to intervene. This is a $379.8 million increase over the FY 2021 level. 

Advancing Environmental Justice

The Department is committed advancing environmental justice and supports the President’s Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad.” The Executive Order establishes a “whole-of-government” approach to addressing the climate crisis and formalizes the government’s commitment to environmental justice. The budget request includes increased funding for the Environment and Natural Resources Division to expand its use of existing authorities in affirmative cases to reduce greenhouse gas emissions and address the impacts of climate change and to continue defensive and other work related to climate change. In addition, the Bureau of Prison will invest in energy saving modernization and repair projects to replace aging equipment with energy efficient models, resulting in reduced energy costs and consumption, as well as other environmentally-sound operational benefits. 

The FY 2022 budget invests $44.0 million to advance environmental justice, tackle climate change, and enhance environmental stability. 

Reducing the Immigration Court Backlog

Although the Executive Office for Immigration Review (EOIR) has doubled the number of Immigration Judges onboard since 2015, caseloads continue to grow at an even faster pace, and processing times continue to increase due to a rise in the number of complex adjudications, such as those of asylum claims. The FY 2022 budget addresses this challenge by both providing additional Immigration Judges, and by promoting efficiency initiatives within EOIR. The request supports hiring 100 new Immigration Judges, as well as necessary support staff and attorneys. The request would also enable EOIR to continue to modernize its IT capabilities. 

The FY 2022 budget invests $177.5 million in new resources to reduce the immigration court backlog, as well as create the Legal Representation for Immigrant Children and Families Pilot, which supports the enhancement of legal representation of immigrant children and families who seek asylum and other forms of legal protection in the United States after entering at the borders. 

For more information on the President’s FY22 Budget as a whole, please visit: https://www.whitehouse.gov/omb/budget/.

Today, Secretary of Homeland Security Alejandro N. Mayorkas and Attorney General Merrick B. Garland announced a new Dedicated Docket process to more expeditiously and fairly make decisions in immigration cases of families who arrive between ports of entry at the Southwest Border.  This new process should significantly decrease the amount of time it takes for migrants to have their cases adjudicated while still providing fair hearings for families seeking asylum at the border.

“Families arriving at the border who are placed in immigration proceedings should have their cases decided in an orderly, efficient, and fair manner,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Families who have recently arrived should not languish in a multi-year backlog; today’s announcement is an important step for both justice and border security.”

“The mission of the Department of Justice’s immigration courts is to decide the cases that come before them promptly and fairly,” said Attorney General Merrick B. Garland. “This new program for certain newly arriving families will help achieve that critically important goal.”

Under this new process, certain recently arrived families may be placed on the Dedicated Docket. Families may qualify if they are apprehended between ports of entry on or after Friday, May 28, 2021, placed in removal proceedings, and enrolled in Alternatives to Detention (ATD).  DHS, in partnership with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR), will make available information services to help families understand the immigration system and refer families to pro bono legal service providers for possible representation.

EOIR has identified immigration courts in 10 cities with established communities of legal services providers and available judges to handle the cases.  The designated cities are Denver, Detroit, El Paso, Los Angeles, Miami, Newark, New York City, San Diego, San Francisco, and Seattle.  

Under the Dedicated Docket, EOIR’s immigration judges will work generally to issue a decision within 300 days of the initial master calendar hearing, subject to the unique circumstances of each case including allowing time for families to seek representation where needed.  While the goal of this process is to decide cases expeditiously, fairness will not be compromised.

Today, Secretary of Homeland Security Alejandro N. Mayorkas and Attorney General Merrick B. Garland announced a new Dedicated Docket process to more expeditiously and fairly make decisions in immigration cases of families who arrive between ports of entry at the Southwest Border.  This new process should significantly decrease the amount of time it takes for migrants to have their cases adjudicated while still providing fair hearings for families seeking asylum at the border.

“Families arriving at the border who are placed in immigration proceedings should have their cases decided in an orderly, efficient, and fair manner,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Families who have recently arrived should not languish in a multi-year backlog; today’s announcement is an important step for both justice and border security.”

“The mission of the Department of Justice’s immigration courts is to decide the cases that come before them promptly and fairly,” said Attorney General Merrick B. Garland. “This new program for certain newly arriving families will help achieve that critically important goal.”

Under this new process, certain recently arrived families may be placed on the Dedicated Docket. Families may qualify if they are apprehended between ports of entry on or after Friday, May 28, 2021, placed in removal proceedings, and enrolled in Alternatives to Detention (ATD).  DHS, in partnership with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR), will make available information services to help families understand the immigration system and refer families to pro bono legal service providers for possible representation.

EOIR has identified immigration courts in 10 cities with established communities of legal services providers and available judges to handle the cases.  The designated cities are Denver, Detroit, El Paso, Los Angeles, Miami, Newark, New York City, San Diego, San Francisco, and Seattle.  

Under the Dedicated Docket, EOIR’s immigration judges will work generally to issue a decision within 300 days of the initial master calendar hearing, subject to the unique circumstances of each case including allowing time for families to seek representation where needed.  While the goal of this process is to decide cases expeditiously, fairness will not be compromised.

A Utah man and his company Natur Inc. pleaded guilty yesterday in federal court in Salt Lake City to violating the Lacey and Endangered Species Acts.

On Nov. 18, 2020, a grand jury issued an indictment charging Jean-Michel Arrigona, 58, of Midvale, with unlawfully importing wildlife into the United States and reselling it from the Natur store in Midvale, which he owns. In a plea agreement with the government, Arrigona admitted that he imported approximately 1,500 wildlife items from 2015 to 2020. He only declared three of the packages, as required, to the U.S. Fish and Wildlife Service or customs authorities. Arrigona resold the wildlife online and at Natur. The wildlife, primarily from Indonesia, consisted of taxidermy mounts and bones of bats, flying foxes, frogs, starfish, insects, rodents, and lizards. Some of the wildlife, such as the flying fox (Pteropus sp.) and monitor lizard (Varanus sp.) are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which regulates trade in endangered or threatened species through permit requirements. The United States, Indonesia, and 181 other countries are signatories to the CITES treaty.

Arrigona pleaded guilty to a felony Lacey Act trafficking charge, and Natur pleaded to one misdemeanor violation of the Endangered Species Act. U.S. District Judge Robert J. Shelby will determine the defendants’ sentence at an Aug. 4 hearing. Arrigona and Natur have agreed to pay at least $23,101 and $5,000 in fines, respectively. The maximum sentence for Arrigona under the Lacey Act is five years’ imprisonment and a $250,000 fine. The Endangered Species Act carries a maximum corporate sentence of five years’ probation and a $25,000 fine.

The U.S. Fish and Wildlife Service’s Office of Law Enforcement in Redmond, Washington, conducted the investigation as part of Operation Global Reach. The operation focused on the trafficking of wildlife from Indonesia to the United States.

Trial Attorney Ryan Connors of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Melina Shiraldi of the U.S. Attorney Office for the District of Utah prosecuted the case.

Navistar Defense LLC (Navistar), an Illinois based manufacturer of military vehicles and subsidiary of Navistar International LLC, has agreed to pay $50 million to resolve allegations that it fraudulently induced the U.S. Marine Corps to enter into a contract modification at inflated prices for a suspension system for armored vehicles known as Mine-Resistant Ambush Protected vehicles.

During negotiations for the modification, Navistar was asked to provide sales information on the contract parts to assess the reasonableness of Navistar’s proposed prices. The United States alleged that Navistar knowingly created fraudulent commercial sales invoices and submitted those invoices to the government to justify the company’s prices. The sales reflected in the commercial sales invoices never occurred. The government relied on the fraudulent sales invoices in agreeing to Navistar’s inflated prices.    

“We expect those doing business with the government to be truthful and transparent,” said Acting Assistant Attorney General Brian M. Boynton for the Justice Department’s Civil Division. “Today’s settlement demonstrates our commitment to pursue those who knowingly provide false information to government procurement officials for their personal gain.”

“Money overcharged to the United States is money that should go to providing the very protection and security that we contracted to provide to our troops,” said the Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “The settlement evidences our commitment to go after any contractor who treats America’s dedication to our troops as a get rich quick scheme at the expense of the taxpayer and the safety of our military personnel.”

“This settlement sends an important message to defense contractors who hide costs and profit margins from the government to unjustly enrich themselves,” said Special Agent in Charge Cynthia A. Bruce of the Defense Criminal Investigative Service (DCIS), Southeast Field Office. “The Department of Defense must have confidence in the pricing, services and products provided by our contractors in order to protect our military members and be fiscally responsible to the public. I would like to thank the Department of Justice and our investigative partners for their resolve to hold the responsible parties accountable.”

“Fraud is not a victimless crime,” said Special Agent in Charge Thomas Cannizzo of the Naval Criminal Investigative Service (NCIS), Southeast Field Office. “It steals money from American taxpayers, damages the integrity of the Department of the Navy procurement process, degrades the readiness of the services by compromising the quality of goods and services used to protect the nation, and squanders more money through the funding of criminal investigations which could have been avoided simply by individuals doing the right thing. NCIS will continue to work with our partner agencies to aggressively pursue those who perpetrate financial crimes.”

“This settlement agreement is another example of our commitment of ensuring that all military contractors comply with the law,” said Frank Robey, director of the U.S. Army Criminal Investigation Command's (CID) Major Procurement Fraud Unit. “Our organization, and our law enforcement partners, will respond robustly to protect the U.S. government from those who would take advantage of it.”

“It is always disappointing to see a contractor not fulfill their obligations in an open and fair manner,” said Director Anita Bales of the Defense Contract Audit Agency. “We are proud to have partnered with the investigative team in providing forensic audit expertise to bring this contractor to justice. We consider it an honor to be part of a team that helps protect our warfighters.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Duquoin Burgess, a former Government Contracts Manager for Navistar. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Burgess v. Navistar Defense, LLC, et al., No. 13-cv-1463 (D.D.C). Burgess will receive $11,060,000 out of today’s settlement.

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the for the District of Columbia, with assistance from the Department of Defense’s DCIS, NCIS, U.S. Army CID's Major Procurement Fraud Unit, and the Defense Contract Audit Agency. 

 The matter was handled by Trial Attorneys Gary Newkirk and Brandie Weddle and Assistant U.S. Attorneys Darrell Valdez and Benton Peterson.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

A federal grand jury in Detroit, Michigan, returned an indictment charging a Michigan man with filing false tax returns, making false statements to a bankruptcy court, and making a false statement to the Department of Justice.

According to the indictment, Donald Stanley LaVigne of Lake Orion failed to report insurance commissions and other income on tax returns he filed with the IRS for the years 2013 through 2018. In addition to filing false tax returns, it is alleged that LaVigne falsely claimed in letters he sent to the IRS that these commissions were not income to him.

The indictment also alleges that when LaVigne filed for bankruptcy in 2018, he did not list the IRS as a creditor on the schedules attached to his bankruptcy petition even though he owed taxes to the IRS for the years 2008, 2009, and 2013 through 2015. On one document he filed in the bankruptcy case, LaVigne also allegedly understated his income for the years 2016 and 2017.

Finally, LaVigne is charged with making a false statement to the Department of Justice, Tax Division. After LaVigne was notified that he was the target of a federal grand jury investigation, LaVigne allegedly sent a letter to the Tax Division in which he falsely claimed that his bankruptcy attorney had reviewed his 2017 income tax return and advised him that it was “correct and complete.” In fact, the indictment alleges that his bankruptcy attorney neither reviewed LaVigne’s 2017 income tax return nor advised him that it was correct and complete. 

If convicted, LaVigne faces a maximum penalty of three years in prison on each of the false tax return charges, five years in prison on each of the bankruptcy fraud charges, and five years in prison on the false statement charge. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorneys Melissa S. Siskind and Abigail Burger Chingos 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.

The Department of Justice announced yesterday that it reached a settlement with LNK International Inc. (LNK), a Hauppauge, New York-based manufacturer of over-the-counter pharmaceuticals. The settlement resolves the department’s claims that LNK violated the Immigration and Nationality Act (INA) when it discriminated against work-authorized non-U.S. citizens.  

Based on its investigation, the department determined that LNK routinely requested unnecessary and specific documents from lawful permanent residents that the company hired for work in certain departments to prove that they were allowed to work in the United States. The department’s investigation determined that LNK requested that lawful permanent residents show their Permanent Resident Cards (sometimes known as “green cards”) to prove their work authorization, but allowed U.S. citizens to choose from among various acceptable document types. According to the department, LNK also had an unlawful policy of requiring refugees and asylees, based on their immigration status, to show updated proof of their work authorization, even when they already had provided documents that demonstrated ongoing, permanent work authorization. 

“Employers cannot discriminate against employees because of their citizenship status, immigration status, or national origin when verifying that employees are authorized to work in the United States,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “The Justice Department looks forward to working with LNK to ensure its compliance with the INA’s anti-discrimination provision, so that all employees are subject to the same rules for proving their ability to work in the United States.”

Federal law allows all work-authorized individuals, regardless of citizenship status, to choose which valid, legally acceptable documentation to present to demonstrate their identity and authorization to work in the United States. Many non-U.S. citizens, including lawful permanent residents, refugees, and asylees, among others, have work authorization that does not expire, and are eligible for several of the same types of documents as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards) to prove their work authorization. The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status, or national origin.

Under the terms of the settlement agreement, LNK will pay the United States a civil penalty of $220,000.00. Additionally, LNK will train its employees on the requirements of the INA’s anti-discrimination provision, including an IER-provided training, 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 IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

Today the Justice Department announced a settlement agreement with the Lewiston Public Schools to end the district’s systemic and discriminatory practice of excluding students from full-day school because of behavior related to their disabilities.

The settlement also will require the district to provide equal educational opportunities to its English learner students.  The department conducted its investigation under Title II of the Americans with Disabilities Act (ADA) and the Equal Educational Opportunities Act of 1974 (EEOA) after receiving a complaint from Disability Rights Maine.

The department’s investigation found that the district routinely shortened the school day for students with disabilities without considering their individual needs or exploring supports to keep them in school for the full day. The district’s lack of training for staff on how to properly respond to students’ disability-related behavior contributed to the over-reliance on “abbreviated” school days. The district compounded the harm to students by often failing to provide them with instruction or behavior support during the time that they were out of school. The department’s investigation also revealed that the district failed to provide appropriate services to its English learner students, many of whom remained in the district’s English learner program for years without ever becoming fluent in English. As a result, many English learners, including immigrants and refugees from Somalia, Angola and other African countries, faced significant academic setbacks that can have lasting consequences.  

“Students with disabilities and students who are learning English need additional support and services in school – not additional barriers to learning,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Giving students with disabilities half the education they are entitled to is unacceptable. Failing to properly serve children who are learning English limits their opportunities for success in their current school and beyond. The department is committed to enforcing the law to make sure schools meet the needs and respect the rights of all their students.”

“We are encouraged that the Lewiston Public Schools cooperated with our investigation, recognized the opportunity to improve, and are committed to the successful implementation of our agreement,” said Acting U.S. Attorney Donald E. Clark for the District of Maine. “We look forward to working with the district to improve educational opportunities for all students.”

Attorneys from the Civil Rights Division conducted the investigation in coordination with the U.S. Attorney’s Office for the District of Maine.

The enforcement of Title II of the ADA in schools and the EEOA are top priorities of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.

On Tuesday, the Justice Department resolved a lawsuit in which an Indiana Army National Guardsman, Captain Christopher Robbins, alleged that The Dufresne Spencer Group, a limited liability corporation doing business as Ashley Home Store, violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Captain Robbins specifically alleged that The Dufresne Spencer Group violated USERRA when it failed to promptly offer him re-employment after a period of active duty military service.

“Federal law protects the right of servicemembers like Captain Robbins to resume their jobs when they return home,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “It guarantees that members of the armed forces are not forced to sacrifice their continued employment on top of the sacrifices they have already made in order to fulfill their military obligations.”

“The Justice Department expects employers to fully comply with their reemployment obligations under the law,” said Acting U.S. Attorney John Childress of the Southern District of Indiana. “Where employers fall short in doing so, we will aggressively vindicate the reemployment rights of servicemembers.”

As alleged in his complaint, in 2014, Captain Robbins began working as a salesman at an Ashley Home Store in Greenwood, Indiana. During the summer of 2017, he provided notice to the company that his military service obligations with the National Guard required him to attend mandatory, out-of-state military training exercises with his unit. Robbins alleged that at the completion of his training obligation, he promptly sought re-employment, but was fired by Ashley Home Store instead. Under the terms of the settlement, the company has agreed to pay Robbins $6,000 in damages. The company will also offer comprehensive training to its supervisors and HR officials on USERRA and post a notice at the store advising employees of their rights under USERRA and the company’s intent to comply with the law.

This lawsuit stems from a complaint that Captain Robbins filed with the U.S. Department of Labor (DOL), which, after an investigation by its Veterans’ Employment and Training Service, referred the matter to the Justice Department.        

The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/servicemembers, as well as on the DOL’s website at https://www.dol.gov/agencies/vets/programs/userra.

This case is being handled by Senior Trial Attorney Christopher Woolley of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Jeffrey Preston of the U.S. Attorney’s Office for the Southern District of Indiana.

A Michigan man pleaded guilty today to filing a false individual income tax return.

According to court documents, Robert Nakfoor, of Lansing, claimed false expenses for his home healthcare business, Jessi Kay Home Care, on his 2011 through 2015 federal individual income tax returns. Nakfoor reported fraudulent business expenses for insurance, legal and professional services, wages, and contract labor that he knew his company did not incur. In total, Nakfoor caused a tax loss to the IRS of $481,465.

Nakfoor is scheduled to be sentenced at a later date and faces a maximum penalty of three years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Andrew B. Birge for the Western District of Michigan made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorney Melissa S. Siskind of the Justice Department’s Tax Division is prosecuting the case.

A Florida man was sentenced today to 210 months in prison for conspiracy to commit health care fraud and wire fraud.

Alberto Orian Gonzalez-Delgado, 46, of Miami, pleaded guilty to conspiracy to commit health care fraud and wire fraud on March 4. Gonzalez-Delgado is the last remaining defendant in this case to be sentenced. Eduardo Rubal, 41, of Miami, pleaded guilty to conspiracy to commit health care fraud and wire fraud and was sentenced to 210 months; Vicente Gonzalez Acosta, 50, of Miami, pleaded guilty to conspiracy to commit health care fraud and wire fraud and was sentenced to 188 months; Alexander Fernandez, 49, of Miami, pleaded guilty to conspiracy to commit money laundering and was sentenced to 120 months; Yaxing Tapanes, 24, of Hialeah, pleaded guilty to conspiracy to commit money laundering and was sentenced to 97 months; Jose Carlos Valladares Rivera, 43, of Miami, pleaded guilty to conspiracy to commit money laundering and was sentenced to 97 months; Hector Suarez Gonzalez, 45, of Hialeah, pleaded guilty to conspiracy to commit health care fraud and wire fraud and was sentenced to 78 months; Antonio Jimenez, 54, of Hialeah, was sentenced to 48 months.

According to court documents, these eight individuals and their co-conspirators operated a fraud and money laundering organization responsible for executing a series of frauds in Florida and Michigan through which they billed Medicare for over $80 million, actually receiving approximately $53 million for fraudulent claims. 

The organization recruited and directed nominee owners to fraudulently purchase home health agencies, as well as to open sham corporations in their names, along with corresponding personal and corporate bank accounts. After the acquisition of the home health agency was completed, the group began fraudulently billing Medicare for services that were never provided. The home health agencies had no medical staff and provided no services to any beneficiaries. The group, upon receiving the Medicare money, would funnel that through several layers of shell companies and bank accounts in an effort to launder the money before converting it to cash at ATMs and check cashing stores in Miami. Once the nominee owners completed their work, the group required them to permanently move to Cuba to avoid detection and live beyond the jurisdiction of the United States.

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division made the announcement.

The FBI and Department of Health and Human Services-Office of Inspector General investigated the case, with assistance from the Centers for Medicare and Medicaid Services’ Center for Program Integrity.

Trial Attorney Emily Gurskis of the Criminal Division’s Fraud Section prosecuted the case.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con LNK International Inc. (LNK), un fabricante de farmacéuticos sin receta médica con sede en Hauppauge, Nueva York. El acuerdo resuelve las acusaciones del Departamento de que LNK vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar a individuos con autorización para trabajar que no eran ciudadanos de los EE. UU.   

Con base en su investigación, el Departamento determinó que LNK, de forma rutinaria, pedía documentos innecesarios y específicos a residentes permanentes legales que la compañía contrataba para trabajar en ciertos departamentos para demostrar su permiso para trabajar en los Estados Unidos. La investigación del Departamento determinó que LNK solicitaba que residentes permanentes legales mostraran sus tarjetas de residencia permanente (a veces conocidas como «tarjetas verdes») para demostrar su autorización para trabajar pero permitía a ciudadanos estadounidenses a escoger entre varios tipos de documentos aceptables. Según el Departamento, LNK también tenía una práctica ilegal de requerir que, con base en su estatus migratorio, refugiados y asilados presentaran una prueba actualizada de su autorización para trabajar, incluso cuando ya habían facilitado documentos que demostraban una autorización continua y permanente para trabajar. 

 «Los empleadores no pueden discriminar a empleados por motivos de su estatus de ciudadanía, estatus migratorio o nacionalidad de origen a la hora de comprobar que sus empleados cuentan con la autorización debida para trabajar en los Estados Unidos», afirmó la Fiscal General Auxiliar Kristen Clarke de la División de Derechos Civiles. «El Departamento de Justicia anticipa la colaboración de LNK para garantizar su cumplimiento con la disposición antidiscriminatoria de la INA para que todo empleado quede sujeto a las mismas normas a la hora de demostrar su permiso para trabajar en los Estados Unidos».

Las leyes federales permiten a todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su autorización para trabajar en los Estados Unidos. Muchas personas que no son ciudadanos de los EE. UU., incluyendo a residentes permanentes legales, refugiados y asilados, entre otros, tienen una autorización para trabajar que no vence y son elegibles para varios de los mismos tipos de documentos como lo son los ciudadanos de los EE. UU. (tales como carnets de conducir y tarjetas de seguro social sin restricciones) para demostrar su autorización para trabajar. La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos adicionales o diferentes a los necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen.

Conforme los términos del acuerdo conciliatorio, LNK pagará una sanción civil a los Estados Unidos que asciende a 200.000,00 $. Asimismo, LNK capacitará a sus empleados en cuanto a los requisitos de la disposición antidiscriminatoria de la INA, incluyendo una capacitación dirigida por la Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés), 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. 

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 IER@usdoj.gov; 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.

An Alaska defendant pleaded guilty today to making threats to a synagogue and attempting to obstruct the free exercise of religious beliefs in Los Angeles, California.

On May 5, William Alexander, 50, of Anchorage, Alaska, entered a guilty plea before U.S.  District Court Judge Matthew McCrary Scoble to an indictment charging them with one count of making threatening interstate communications and one count of intentionally obstructing and attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs through the threatened use of force.

According to information presented at the guilty plea hearing, on Nov. 1, 2019, while in Anchorage, Alexander used their cellular phone to call a Los Angeles area synagogue. Alexander left a voice message stating that they were going to kill the synagogue’s congregants, while repeatedly using slurs referring to people of Jewish faith. Alexander intended the voice message to be viewed as a threat. At the plea hearing, Alexander admitted committing this act with the intent to obstruct the synagogue’s congregants from enjoying the free exercise of their religious beliefs. Alexander’s sentencing hearing is scheduled for August 23.

“One of the greatest truths about our nations is that everyone has the right to be free from threats of violence because of their religious beliefs,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Those individuals who are driven by hate to violate that right will be brought to justice. The defendant’s conviction in this case sends a strong message that hate crimes will not be tolerated in our free society.”

“For centuries, religious freedom has been a pillar of American society and a beacon for those persecuted for their faith,” said Acting U.S. Attorney Bryan Wilson for the District of Alaska. “We are committed to protecting this freedom and individuals or groups who threaten it will be held accountable for their actions. Violence and intimidation are abhorrent and have no place in this country.”

The case is being investigated by the FBI’s Anchorage Field Office and is being prosecuted by Assistant U.S. Attorney Jonas Walker of the District of Alaska and Civil Rights Division Trial Attorney Sanjay Patel.  

During their introductory conversation, the leaders emphasized their shared commitment to strengthening transatlantic cooperation on law enforcement matters and addressing common threats, including those posed by international terrorism. Attorney General Garland and Commissioner Reynders also discussed the importance of access to justice, ensuring resilient justice systems for the post-pandemic economic recovery, upholding the rule of law, and protecting citizens’ rights.

CHICAGO — The former Chief of Staff to the Illinois Speaker of the House of Representatives was indicted today for allegedly providing false material declarations under oath to a federal grand jury and attempting to obstruct its investigation into allegations of public corruption.

TIMOTHY MAPES, 66, of Springfield, Ill., is charged with one count of making false declarations before a grand jury and one count of attempted obstruction of justice, according to an indictment returned in U.S. District Court in Chicago.  Arraignment has not yet been scheduled.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; and Tamera Cantu, Acting Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago.  The government is represented by Assistant U.S. Attorneys Julia Schwartz, Amarjeet S. Bhachu, Diane MacArthur, Timothy J. Chapman, Sarah E. Streicker, Matthew L. Kutcher, and Michelle Kramer.  The officials noted that the federal investigation into the allegations of public corruption remains ongoing.

According to the indictment, the federal grand jury was investigating possible violations of federal criminal law, including efforts by the Illinois Speaker of the House and an individual acting on the Speaker’s behalf, to obtain for others private jobs, contracts, and monetary payments, including from Commonwealth Edison (“ComEd”), the largest electric utility in Illinois, to influence and reward the Speaker in the Speaker’s official capacity.  On March 24, 2021, Mapes was granted immunity to testify before the grand jury.  The immunity order provided that no testimony or evidence provided by Mapes could be used against him in a criminal case, except for perjury, giving a false statement, or otherwise failing to comply with the immunity order. 

On March 31, 2021, Mapes testified before the grand jury and knowingly made false material declarations in response to several questions about a consultant’s relationship with the Speaker from 2017 to 2019, the indictment states.  Mapes in his testimony denied knowing that the consultant acted as an agent or performed work for the Speaker during those years, when, in fact, Mapes knew that the consultant carried out work and assignments on behalf of the Speaker and communicated messages on the Speaker’s behalf, the indictment states.

The public is reminded that an indictment contains only charges and is not evidence of guilt.  The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  The obstruction charge is punishable by up to 20 years in federal prison, while the false declaration charge carries a maximum sentence of five years.

WASHINGTON - Attorney General Merrick B. Garland today announced a new Department of Justice effort to help protect our communities from the recent increase in major violent crimes.

“Today, we renew our commitment to reducing violent crime and building strong communities where all Americans are safe,” said Attorney General Garland. “The Deputy Attorney General is issuing a comprehensive strategy to deploy our federal resources in the most effective way, disrupting the most dangerous threats and supporting the ground-level efforts of local law enforcement.  In this endeavor, we will engage our communities as critical partners. And through our grantmaking, we will support programming at all stages – from the earliest violence interruption strategies to post-conviction reentry services.”

The strategy announced today is three-pronged. First, it establishes a set of four fundamental principles to be applied Department-wide to guide violent crime reduction:

1. Build trust and earn legitimacy. Meaningful law enforcement engagement with, and accountability to, the community are essential underpinnings of any effective strategy to address violent crime, as well as important ends in themselves. Accordingly, building trust and earning legitimacy within our communities is the foundation on which the strategy is built. 
2. Invest in prevention and intervention programs. Violent crime is not a problem that can be solved by law enforcement alone. Accordingly, the Department must invest in community-based violence prevention and intervention programs that work to keep violence from happening before it occurs.
3. Target enforcement efforts and priorities. The Department is most effective when it focuses its limited enforcement resources on identifying, investigating, and prosecuting the most significant drivers of gun violence and other violent crime.
4. Measure results. Because the fundamental goal of this work is to reduce the level of violence in our communities, not to increase the number of arrests or prosecutions as if they were ends in themselves—we must measure the results of our efforts on these grounds.

The whole-of-Department approach means that these four fundamental principles will guide not only the Department’s 94 U.S. Attorneys’ offices, but also its law enforcement components (the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and the United States Marshals Service (USMS)),  its grant-making components (the Office of Justice Programs (OJP), the Office of Community Oriented Policing Services (COPS), and the Office of Victims of Crime (OVC)), and litigating divisions, such as the Criminal Division.

Second, the strategy enhances the Project Safe Neighborhoods (PSN) program by directing all U.S. Attorneys across the country to update their PSN programs to be aligned with the Department’s guiding principles to improve community engagement, support proven community-violence intervention programs, develop strategic enforcement plans in coordination with state, local, and Tribal law enforcement partners as well as community groups, and measure the effectiveness of these collective efforts to reduce violence. By drawing on lessons learned from research and experience over the past two decades, the Department will help ensure that PSN remains the leading initiative bringing together law enforcement partners at all levels and a broad array of community stakeholders to develop comprehensive solutions to the more pressing violent crime problems in our communities. 

Third, the strategy directs each U.S. Attorney’s Office to work with its state, local, federal, Tribal, and community partners to establish an immediate plan to address spikes in violent crime that are typically seen during the summer.

The Department recognizes that there is no one-size-fits-all solution and that the needs of each jurisdiction will vary based on the nature of violent crimes and the ability of local criminal justice systems to respond. Thus, the Department has committed to providing the following additional support where it is needed and appropriate:

• The FBI will make available cutting-edge analytical resources to support state and local law enforcement efforts to identify the most violent offenders and most dangerous criminal organizations in communities.  The FBI will then deploy agents to assist with enforcement operations targeting these entities. 
• Where feasible, the ATF will embed with local homicide units and expand the availability of its NIBIN Correlation Center, which matches ballistics from crime scenes to other ballistic evidence nationwide.
• The DEA will focus its efforts, in coordination with state, local and Tribal law enforcement, to disrupt the activities of the most violent drug trafficking gangs and egregious drug-trafficking organizations operating in the highest-crime areas.
• The United States Marshals Service, in coordination with state and local authorities, will conduct fugitive sweeps throughout the country focused on individuals subject to state or local warrants for homicide, aggravated assault with a firearm, aggravated robbery, robbery with a firearm, rape or aggravated sexual assault.
• The Department’s grantmaking components will highlight funding opportunities for community programs focused on reducing gun violence and other violent crime, share information about effective community-violence intervention programs, and provide training and technical assistance to support the violent crime reduction work of state, local, tribal and community partners.

To learn more, see the Deputy Attorney General’s detailed guidance to federal prosecutors, law enforcement agencies, and other components across the Department of Justice.  A Fact Sheet on 2021 Grant Opportunities and Other Resources to Support Violent Crime Reduction can be found here.

The Department of Justice announced today that Huntington Bancshares Incorporated and TCF Financial Corporation have agreed to sell 13 branches in Michigan, with approximately $872.3 million in deposits, to resolve antitrust concerns arising from Huntington’s planned acquisition of TCF Bank. The divested assets include all of the deposits and loans associated with the divested branches, as well as the physical assets.

“Banks are a critical part of the American economy,” said Acting Assistant Attorney General Richard A. Powers for the Justice Department’s Antitrust Division. “Families and small businesses rely on them to keep their money safe and obtain credit for important life purchases and investments. This settlement protects banking customers by ensuring that they continue to have access to competitively priced banking products and services.”

Under the agreement with the Justice Department, the parties will divest branches in Michigan, located in Arenac, Charlevoix, Crawford, Newaygo, Otsego, Mecosta, Shiawassee, Wexford and Missaukee counties, and in the City of Midland. The companies also have agreed to suspend existing, and not to enter into new, non-compete agreements with branch managers and loan officers located in the divestiture counties for a period of 180 days following the consummation of their merger. Further, the companies have agreed that any traditional branches located in any overlap market in Michigan and Ohio that are closed within three years of the merger’s closing will be sold or leased to an insured depository institution that offers deposit and credit services to small businesses. As a result of the acquisition, Huntington will become the 25th largest bank holding company based on assets.

The proposed merger is subject to the final approval of the Board of Governors of the Federal Reserve System. The department’s role when reviewing a proposed bank merger necessarily focuses on the merger’s competitive effects. Here, the department has advised the Federal Reserve Board that the department will not challenge the merger provided that the parties divest branches in certain areas of overlap and agree that any traditional branches in Michigan and in the five overlapping counties in Ohio that are closed within three years following the merger, will be marketed to an institution with a demonstrated record of providing services and loans to the local community. The parties’ commitments to the department are included as a condition to the Federal Reserve Board Order allowing the transaction.

Huntington is the holding company of The Huntington National Bank, Columbus, Ohio, with approximately $120 billion in assets. Huntington has 839 full-service branches across seven Midwestern states. Huntington provides a wide range of banking and other financial services to consumers, businesses and wealth management customers.

TCF is the holding company of TCF National Bank, Detroit, Michigan, and has approximately $48 billion in assets. TCF has 475 branches primarily located in Michigan, Illinois and Minnesota. TCF also provides a broad array of consumer and business banking services, along with other services like wealth management and specialty leasing services, to its customers.

A list of the branches to be divested is below.

Branch

Address

City

County

State

Zip Code

Au Gres Branch

144 W Huron Road

Au Gres

Arenac

MI

48703

Standish Branch

220 South Main Street

Standish

Arenac

MI

48658

Grayling Main

2500 South I-75 Business Loop

Grayling

Crawford

MI

49738

Charlevoix Branch

1425 Bridge Street

Charlevoix

Charlevoix

MI

49720

Fremont Branch

211 W Main Street

Fremont

Newaygo

MI

49412

Cadillac North End

1408 N Mitchell Street

Cadillac

Wexford

MI

49601

Cadillac Downtown

302 S Mitchell Street

Cadillac

Wexford

MI

49601

McBain Branch

101 N Roland Street

McBain

Missaukee

MI

49657

Gaylord Main

521 W Main Street

Gaylord

Otsego

MI

49735

Circle Branch

2910 Jefferson Avenue

Midland

Midland

MI

48640

Big Rapids Main

125 N Michigan Avenue

Big Rapids

Mecosta

MI

49307

Corunna Office

310 N Shiawassee Street

Corunna

Shiawassee

MI

48817

Owosso East Branch

1345 E Main Street

Owosso

Shiawassee

MI

48867

As part of the 38th annual commemoration of National Missing Children’s Day, the Department of Justice today honored nine courageous individuals for their extraordinary efforts to recover missing children and bring sexual predators to justice. This year’s award recipients include four detectives and a sergeant from Fresno, California; two coordinators in the Missing Child Center-Hawaii in Honolulu; a sergeant from Addison, Illinois; and a U.S. Postal Service employee from Columbia, Maryland.

“These brave and resourceful professionals have earned our greatest respect and deserve our deepest gratitude,” said Attorney General Merrick B. Garland. “The Department of Justice is proud to stand with these heroes, and we are grateful to the thousands of law enforcement officers and missing children’s advocates throughout the nation who work so hard to protect our children.”

The Department’s Office of Justice Programs (OJP) and OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) lead the nation in observing National Missing Children’s Day. The observance was first proclaimed by President Ronald Reagan in 1983 in memory of 6-year-old Etan Patz, who disappeared while walking to his bus stop in lower Manhattan on May 25, 1979. National Missing Children’s Day honors his memory and those children still missing. Etan’s killer was convicted in February 2017, but the case remains active because his body was never found.

“There is no clearer expression of our priorities as a society than the safety and welfare of our young people,” said OJP Principal Deputy Assistant Attorney General Amy Solomon. “These outstanding law enforcement professionals, committed advocates and compassionate citizens show us at our collective best – as a nation dedicated to protecting the most vulnerable and determined to secure a bright future for its youngest members.”

In lieu of an in-person ceremony, OJJDP has launched a website today featuring information about the awardees and statements from Attorney General Garland, Associate Attorney General Vanita Gupta, OJP Principal Deputy Assistant Attorney General Solomon, OJJDP Acting Administrator Chyrl Jones, and President and CEO of the National Center for Missing & Exploited Children John F. Clark.                                                         

“These nine individuals have displayed exceptional bravery and dedication in reuniting missing children with their families,” said OJJDP Acting Administrator Jones. “We are thrilled to honor them on this special day.”

This year’s recipients are honored with the following awards:

Attorney General’s Special Commendation: This commendation recognizes the extraordinary efforts of an Internet Crimes Against Children task force, an affiliate agency or an individual assigned to either for making a significant investigative or program contribution to the ICAC task force program.

Recipients: Sergeant Chad Stokes, Detective Cassandra Stevens, Detective Scott Schwamb, Detective Randall Heckman and Detective Steven Souphasith from the Fresno County Sheriff’s Office’s Central California ICAC Task Force in Fresno, California. They led an investigation that resulted in the arrest of 34 sexual predators who sought to take advantage of children’s increased presence online during the pandemic.

Missing Children’s Citizen Award: This award recognizes the extraordinary efforts of private citizens for their unselfish acts to safely recover missing or abducted children.

Recipient: Keith Rollins, from the United States Postal Service in Columbia, Maryland. Mr. Rollins helped locate a 2-year-old boy who had been reported missing after he followed an adult out of the house and wandered away.

Missing Children’s Law Enforcement Award: This award recognizes the extraordinary efforts of law enforcement officers who have made a significant investigative or program contribution to the safety of children.

Recipient: Sergeant Stefan Bjes from the Addison, Illinois, Police Department. Sergeant Bjes has developed several programs that have enhanced the safety of children with special needs. He has also trained officers at 15 police departments across the Midwest and frequently presents at police conferences nationwide.

Missing Children’s Child Protection Award: This award recognizes the extraordinary efforts of child protective service agency personnel, law enforcement officers or other professionals who have made a significant investigative or program contribution to protecting children from abuse or victimization.

Recipients: Amanda Leonard and Kaleilani Grant from the Department of the Attorney General’s Missing Child Center-Hawaii in Honolulu. Ms. Leonard and Ms. Grant were instrumental in implementing Operation Shine the Light, a cooperative effort between Missing Child Center-Hawaii; federal, state and local law enforcement agencies; and four nonprofit organizations, which recovered 180 missing children in Hawaii between November 2019 and November 2020.

The Department also named Heidy Jimena Perez Veleta from Sunnyside Elementary School in Dodge City, Kansas, winner of the 2021 National Missing Children’s Day poster contest. The contest creates an opportunity for schools, law enforcement and child advocates to discuss the issue of child safety with youth and their parents.

The FBI received more than 365,000 reports of missing children last year. Additional information about National Missing Children’s Day is available on OJJDP’s website.

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.

Note: A full copy of the settlement agreement can be viewed

This press release is also available in

WASHINGTON – The Department of Justice announced today that it reached a settlement with Pyramid Consulting Inc., an IT staffing company based in Georgia.

The settlement resolves claims that Pyramid Consulting discriminated against a new employee when it rejected his valid employment authorization documentation and requested an unnecessary extra document because he is an asylee, then fired him because he refused to comply with the company’s unlawful request.

“Employers cannot discriminate against employees based on their citizenship or immigration status by restricting the types of valid work authorization documents that employees can present, or by firing them for refusing to comply with illegal document requests,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “We are pleased that Pyramid Consulting will compensate the charging party for lost wages and work with the Department of Justice to ensure that the company does not impose unlawful discriminatory barriers on employees when verifying their eligibility to work.”

The department’s investigation began after an asylee filed a discrimination complaint with the Civil Rights Division against Pyramid Consulting. Based on its investigation, the department concluded that during the process of verifying his employment eligibility through the Form I-9, Pyramid Consulting rejected the worker’s driver’s license and Social Security card, which are sufficient documentation for the Form I-9. The department also determined that Pyramid Consulting requested that he provide an Employment Authorization Document instead. After the worker refused, and even after he directed Pyramid Consulting to the relevant law prohibiting unfair documentary practices, Pyramid Consulting terminated his employment. Following the department’s initiation of its investigation, Pyramid Consulting rehired the worker, but only after he lost several weeks of pay.

The Immigration and Nationality Act (INA) prohibits employers from requesting more or different documents than necessary to establish eligibility to work based on employees’ citizenship, immigration status or national origin.

Under the terms of the settlement, Pyramid Consulting will pay a civil penalty to the United States of $5,204 and back pay of $13,920 to the worker. It will also revise its policies and procedures, ensure that relevant employees participate in training on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring over the term of 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. Like U.S. citizens and lawful permanent residents, asylees and refugees may have several kinds of valid Form I-9 documents, and employers that request specific documents from them for the Form I-9 may be violating the law that IER enforces.

Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public also may 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 IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Pyramid Consulting, Inc., una agencia de empleo con sede en Georgia. El acuerdo resuelve acusaciones de que Pyramid Consulting discriminó a un empleado nuevo al rechazar su documentación válida de autorización para trabajar y solicitar un documento adicional innecesario porque él es asilado, y luego, cuando se negó a cumplir con la solicitud ilegal de la compañía, lo despidieron.

«Los empleadores no pueden discriminar a empleados por motivos de su estatus migratorio o de ciudadanía al restringir los tipos de documentos válidos de autorización para trabajar que los empleados pueden presentar o al despedirlos por negarse a cumplir con solicitudes ilegales de documentos», declaró la Fiscal General Auxiliar Adjunta Principal, Pamela S. Karlan, de la División de Derechos Civiles del Departamento de Justicia. «Nos complace ver que Pyramid Consulting remunerará a la parte demandante por concepto de salario perdido y trabajará con el Departamento de Justicia para asegurar que la compañía no imponga a los empleados barreras discriminatorias ilícitas a la hora de verificar su elegibilidad para trabajar».

La investigación del Departamento comenzó después de que un asilado presentó una demanda de discriminación contra Pyramid Consulting ante la División de Derechos Civiles. Con base en su investigación, el Departamento concluyó que, durante el proceso de verificar su elegibilidad para trabajar mediante del Formulario I-9, Pyramid Consulting rechazó la licencia de conducir del   trabajador y su tarjeta de seguro social, lo que consta documentación suficiente para los fines del Formulario I-9. Por otra parte, el Departamento determinó que Pyramid Consulting requirió que él presentara, en su lugar, un Documento de Autorización de Empleo. Después de que el trabajador se negó, e incluso después de que indicó a Pyramid Consulting la ley relevante que prohíbe las prácticas documentales injustas, Pyramid Consulting terminó su empleo. Tras la iniciación de una investigación por parte del Departamento, Pyramid Consulting volvió a contratar al trabajador, pero solo después de que perdió varias semanas de pago.

La Ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores pidan documentos adicionales o diferentes a los necesarios para demostrar la elegibilidad para trabajar con base en el estatus migratorio, ciudadanía o bien por su nacionalidad de origen.

Conforme a los términos del acuerdo, Pyramid Consulting pagará una sanción civil a los Estados Unidos de 5.204 $ y pagos retroactivos al trabajador que ascienden a 13.920 $. Por otra parte, revisará sus políticas y procedimientos, asegurará que los empleados relevantes participen en una capacitación sobre los requisitos de la disposición antidiscriminatoria de la INA y se someterá a la supervisión por parte del Departamento durante el término del acuerdo.

La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) 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.  Al igual que residentes permanentes legales y ciudadanos de los EE. UU., los asilados y refugiados pueden tener varios tipos de documentos válidos para el Formulario I-9 y un empleador que les pida documentos específicos para el Formulario I-9 podría estar vulnerando la ley que hace cumplir la IER. 

Aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía o bien por su 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 IER@usdoj.gov; 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.

A federal grand jury in the Western District of Kentucky returned an indictment charging two Kentucky real estate professionals with conspiring to rig bids at an estate auction for farmland and timber rights.

According to the indictment, Barry Dyer and Mackie Shelton conspired with others to rig bids at a 2018 auction for hundreds of acres of farmland and a tract of timber rights. The indictment alleges that Dyer and Shelton demanded and accepted a $40,000 payoff from competing auction participants to stop bidding, artificially suppressing the sales price of the farmland.

“Collusion and bid rigging at farmland auctions undermine our nation’s vital farming industry, robbing farmers and their families of a fair price for their land and artificially suppressing farmland values relied on for financing throughout the national Farm Credit System,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “The division has a long history of ensuring the integrity of real estate auctions and will continue to prosecute those who choose to break the law and line their own pockets at the expense of others. With support from our law enforcement partners, the Antitrust Division will hold accountable anyone who conspires to deprive the American farmer of competitive pricing – whether on the crops they sell or the farmland they use to grow them.”

“The allegation contained in the indictment charges a serious violation of the law and serves notice to would be fraudsters who plan to cheat hard working Western Kentucky farmers via the auction process that they will face robust criminal investigation and swift federal prosecution,” said Acting U.S. Attorney Michael A. Bennett for the Western District of Kentucky. 

“American farmers are critical to our country’s vitality, and the FBI will continue to work with our law enforcement partners to protect their right to operate in an environment that fosters fair practice and is free of corruption,” said Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division. “These charges demonstrate the FBI’s dedication to uncovering corrupt criminal activity and holding individuals like Dyer and Shelton, who allegedly attempted to cheat the system by conspiring to rig bids and profit from the hard work of others, accountable for their actions.”

Dyer and Shelton are charged with a violation of the Sherman Antitrust Act. If convicted, they face a statutory maximum penalty of 10 years in prison and a $1 million fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Antitrust Division’s Washington Criminal I Section is prosecuting the case, which was investigated with the assistance of the FBI’s International Corruption 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.

SavaSeniorCare LLC and related entities (Sava), based in Georgia, have agreed to pay $11.2 million, plus additional amounts if certain financial contingencies occur, to resolve allegations that Sava violated the False Claims Act by causing its skilled nursing facilities (SNFs) to bill the Medicare program for rehabilitation therapy services that were not reasonable, necessary or skilled, and to resolve allegations that Sava billed the Medicare and Medicaid programs for grossly substandard skilled nursing services. Sava currently owns and operates SNFs across the country.

“Nursing home operators will be held accountable when they engage in fraudulent schemes and put their own financial gain ahead of the needs of their vulnerable residents,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “To ensure the integrity of our public health care programs, the department will pursue operators who bill Medicare and Medicaid for unnecessary or grossly substandard services and who fail to provide adequate care.”  

In 2015, the government filed a consolidated False Claims Act complaint against Sava, alleging that between October 2008 and September 2012, Sava knowingly submitted false claims for rehabilitation therapy services as a result of a systematic effort to increase its Medicare billings. The United States’ complaint alleged that, through corporate-wide policies and practices, Sava exerted significant pressure on its SNFs to meet unrealistic financial goals, resulting in the provision of medically unreasonable, unnecessary or unskilled services to Medicare patients. Sava allegedly set these aggressive, prospective corporate targets for the highest Medicare reimbursement rates without regard for its patients’ actual clinical needs and then pressured its staff to meet those targets. Sava also allegedly sought to increase its Medicare payments by delaying the discharge of patients from its facilities, even though the patients were medically ready to be discharged.

This settlement also resolves allegations that between October 2008 and September 2012, Sava knowingly submitted false claims to Medicaid for coinsurance amounts for rehabilitation therapy services for beneficiaries eligible for both Medicare and Medicaid and for whom Sava also allegedly submitted or caused the submission of false claims to Medicare for those services.

In addition, this settlement resolves allegations that between January 2008 and December 2018, Sava knowingly submitted false claims for payment to Medicare and Medicaid for grossly and materially substandard and/or worthless skilled nursing services. The government alleged that some of the nursing services provided by Sava failed to meet federal standards of care and federal statutory and regulatory requirements, including failing to have sufficient staffing in certain facilities to meet certain residents’ needs. The government also alleged that in certain skilled nursing facilities, Sava failed to follow appropriate pressure ulcer protocols and appropriate falls protocols, and failed to appropriately administer medications to some of the residents. 

“When corporate greed rises to the level of defrauding federal health care programs, while subjecting one of our most vulnerable populations to grossly substandard care and unnecessary medical services, we must hold the companies accountable,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “Any fraud that undermines the care being provided to elderly nursing home residents cannot continue and will be exposed and rooted out. We are grateful to the courageous whistleblowers who reported this egregious conduct.”

“Nursing home residents should not be at the mercy of nursing home operators that put their own economic gain ahead of the needs of the residents, and we will continue to aggressively pursue those operators who bill Medicare and Medicaid for substandard care,” said Acting U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. “This settlement holds Sava accountable, and the resulting Corporate Integrity Agreement should ensure that Sava provides seniors with quality care and treats its residents with dignity and respect.”

“Too many unscrupulous nursing homes operators seek maximum profit by routinely inflating bills while providing grossly substandard care,” said Special Agent in Charge Derrick L. Jackson for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Medicare and Medicaid patients deserve so much better. With our law enforcement partners, we will continue to investigate and hold accountable those who place profits over patients.”

Under the settlement with the United States, and separate settlements with participating states, Sava has agreed to pay a total of approximately $11.2 million, plus additional amounts if certain financial contingencies occur. The settlement was based on the company’s ability to pay.

In connection with the settlement, Sava entered into a five-year chain-wide Corporate Integrity Agreement (CIA) with HHS-OIG that requires an independent review organization to annually review patient stays and associated paid claims by Medicare for those stays. In addition, Sava is required to engage an Independent Monitor to review the quality of resident care. CIAs promote compliance and protect vulnerable nursing home residents.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against Sava by Relators Rita Hayward, Trammel Kukoyi, Terrence Scott, James Thornton and Barbara Roberts. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned United States ex rel. Hayward v. SavaSeniorCare, LLC, et al., No. 3:11-cv-0821 (M.D. Tenn.); United States ex rel. Scott v. SavaSeniorCare Administrative Services, LLC, 3:15-cv-0404 (M.D. Tenn.); United States ex rel. Kukoyi v. Sava Senior Care, L.L.C., et al., No. 3:15-cv-1102 (M.D. Tenn.); and United States, et al. ex rel. Thornton, et al. v. SavaSeniorCare, Inc., et al., Civil Action No. 16-CV-0840 (E.D. Pa.). 

The resolutions obtained in these matters were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys’ Offices for the Middle District of Tennessee and the Eastern District of Pennsylvania, with assistance from the U.S. Attorneys’ Offices for the Southern District of Texas and the Western District of Texas, as well as from HHS-OIG and the National Association of Medicaid Fraud Control Units. The quality of care investigation was supported by the Justice Department’s Elder Justice Initiative, which helps to coordinate the department’s law enforcement and programmatic efforts to combat elder abuse, neglect, and financial exploitation. Learn more about the Elder Justice Initiative and the department’s elder justice efforts at www.elderjustice.gov.

The investigation and resolution of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the U.S. Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

These matters were handled by Fraud Section attorneys Alison Rousseau, Susan Lynch, Seth Greene, Breanna Peterson, Christopher Terranova, and Laura Hill; Assistant U.S. Attorney Mark Wildasin of the Middle District of Tennessee; and Assistant U.S. Attorneys Charlene Fullmer, David Degnan, and Gerald Sullivan of the Eastern District of Pennsylvania.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

WASHINGTON – Un hombre de California fue sentenciado a 10 años en prisión por asociarse con centros de llamadas en Perú que defraudaron a ciudadanos de habla hispana de Estados Unidos, por medio de mentiras y amenazas.

“Esta sustancial sentencia de prisión demuestra que la Rama de Protección al Consumidor del Departamento de Justicia perseguirá vigorosamente y enjuiciará a los estafadores que victimizan a otras personas por medio de esquemas de telemercadeo internacionales”, dijo Brian M. Boynton, Fiscal General Adjunto Interino, de la División Civil del Departamento de Justicia. “La Rama de Protección al Consumidor, que trabaja junto con el Servicio de Inspección Postal y nuestros socios de la Oficina del Fiscal Federal, llevará justicia a quienes amenazaron y defraudaron a los consumidores, que incluyen a inmigrantes que pueden ser vulnerables a losbesquemas que involucran amenazas a su libertad falsas y la habilidad de permanecer en los Estados Unidos”.

De acuerdo con los documentos del tribunal, Angel Armando Adrianzen, 46, se asoció con una serie de centros de llamadas peruanos que se comunicaron con consumidores estadounidenses, muchos de ellos eran personas recién inmigradas vulnerables, utilizando llamadas telefónicas basadas en internet. Quienes hicieron las llamadas decían ser abogados o representantes del gobierno y le indicaron falsamente a las víctimas que no habían recibido el pago de o la entrega de productos. Las personas que llamaron también amenazaron a las víctimas con procesos judiciales, calificaciones negativas en sus reportes de crédito, encarcelamiento o consecuencias de inmigración falsos si no pagaban de inmediato los productos que supuestamente entregaron o los honorarios de liquidación. Muchas víctimas hicieron pagos basados en estas amenazas infundadas. Adrianzen recibió los pagos de las víctimas y envió productos a las víctimas de estos centros de llamadas, a sabiendas que los centros de llamadas utilizaron medios engañosos y excesivos para extraer dinero de las víctimas vulnerables. A Adrianzen se le declaró culpable y fue sentenciado por dos cargos de posesión de pornografía infantil, que encontraron en su computadora portátil y en su teléfono celular cuando se ejecutaron las órdenes de registro en esos dispositivos.

Como parte de su admisión de culpabilidad, Adrianzen admitió que desde abril de 2011 hasta al menos septiembre de 2019, era el dueño y operador del Centro de Aprendizaje AAD (AAD). Adrianzen operaba y supervisaba AAD en California y trabajaba en asociación con los centros de llamadas en Perú para contactar a consumidores de habla hispana en Estados Unidos, incluyendo el Distrito Sur de Florida. En ADD, Adrianzen participaba en un esquema de telemercadeo fraudulento que ofrecía varios productos para consumidores de habla hispana en para obtener pagos de víctimas vulnerables.

“La sentencia de hoy no solo sirve como castigo para el acusado, pero como aviso a otras personas que podrían aprovechar de víctimas vulnerables¨, dijo el Fiscal Federal Interino, Juan Antonio González, del Distrito Sur de Florida. “El Departamento de Justicia y sus socios investigarán energéticamente dicha actividad criminal. Los encontraremos y nos aseguraremos que se hacen responsables de sus crímenes”.

“En este esquema internacional de telemercadeo, se usaron tácticas de intimidación engañosas para amenazar a miles de consumidores de Estados Unidos, para que compraran productos que no se entregaron, al afirmar falsamente que usarían el sistema legal americano en su contra y al coaccionarles con millones de dólares”, declaró el Inspector Responsable, Joseph Cronin, del Servicio de Inspección Postal de EE.UU., División de Miami. “Esperamos que la sentencia de hoy brinde alivio a  los residentes e inmigrantes de Estados Unidos que fueron víctimas de este esquema transnacional fraudulento. El Servicio de Inspección Postal, junto con la rama de Protección al Consumidor del Departamento de Justicia y la Oficina del Fiscal de EE.UU., están comprometidos a hacer responsables a las personas que usan el correo de EE.UU. para defraudar a consumidores”.

Al declararse culpable, Adrianzen admitió que ayudaba a sus co-conspiradores en Perú a establecer y a contratar personal para los centros de llamadas que contactaban a las víctimas en Estados Unidos y, a veces, le proporcionaba listas de consumidores a contactar a los centros de llamadas y les daba guiones para usarlos en las llamadas. Los guiones incorporaban varias declaraciones falsas, incluyendo dirigir a las personas que realizaban la llamada a afirmar falsamente que eran abogados del Departamento de Educación de EE.UU. En otros guiones, las personas que llamaban afirmaban falsamente que estaban asociados con los canales de televisión, estaciones de radio o empresas de pasta de dientes de habla hispana.

Adrianzen admitió además que sus co-conspiradores afirmaban falsamente que eran abogados, algunas veces llamaban del “departamento legal” de una compañía o de un supuesto “tribunal de delitos menores”. Los co-conspiradores de Adrianzen amenazaban falsamente a las víctimas de deportarlas, arrestarlas o acusarlas de crímenes y de poner calificaciones negativas en sus reportes de crédito si no pagaban cientos de dólares en honorarios exigidos. Por último, Adrianzen proceso más de $3,500,000 en pagos como parte de este esquema.

El Juez de Distrito de EE.UU., Robert N. Scola Jr., sentenció a Adrianzen a una condena de 121 meses en prisión, seguida de quince años de liberación supervisada. También se le ordenó que restituyera el pago a las víctimas de sus ofensas. El 16 de septiembre de 2010 arrestaron a Adrianzen y ha permanecido encarcelado. El 21 de noviembre de 2019, se declaró culpable de conspiración de uso fraudulento del correo y giros bancarios.

La División de Miami del Servicio de Inspección Postal de EE.UU. y la Rama de Protección al Consumidor del Departamento de Justicia investigaron el caso.

Los abogados litigantes Phil Toomajian y Joshua Rothman de la Rama de Protección al Consumidor procesaron el caso. La Fiscal Federal Auxiliar, Bertila Fernandez, del Distrito Sur de Florida asistió con el proceso de los cargos de pornografía infantil. 

Para más información sobre la Rama de Protección al Consumidor, visite su página web en www.justice.gov/civil/consumer-protection-branch. 

A former officer with the St. Paul Police Department in St. Paul, Minnesota, was sentenced today to six years in prison after a jury found him guilty of a civil rights violation.

Brett Palkowitsch, 31, was sentenced on May 21 after being found guilty of using excessive force against an unarmed civilian. At the sentencing hearing, Palkowitsch waived the right to appeal his conviction and publicly apologized for his use of excessive force.

“Instead of lawfully carrying out his critical public safety responsibilities, Palkowitsch abused his authority by using excessive force,” said Principal Deputy Assistant Attorney General for Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute officers who engage in criminal misconduct.”

“Law enforcement officers take an oath to serve and protect the public,” said Special Agent in Charge of the FBI Minneapolis Field Office. “When an officer betrays that oath and violates a person's civil rights, that officer must be held accountable. Our community, and our profession, deserve no less.”

The evidence presented at trial established that the defendant and other officers responded to a 911 call alleging that an unidentified black male with dreadlocks and a white t-shirt had been involved in a street fight and was carrying a gun. Upon their arrival on scene, officers found no evidence of any street fight, but they noticed one man who matched that general description, sitting in his car talking on a cellphone. One of the responding officers, along with his police K-9, approached the man’s car and, without identifying himself as a police officer, yelled at the man to get out. The man, later identified as Frank Baker, got out of the car, as the officer yelled commands and the police K-9 barked loudly at him. Seven seconds later, the officer released the K-9, which took Baker to the ground and began mauling his leg. While Baker was on the ground, screaming in pain, the defendant arrived and kicked Baker three times in the ribs.  The defendant’s kicks broke seven of Baker’s ribs and caused both of his lungs to collapse, putting him in critical condition. Officers found no gun at the scene and no evidence that Baker, a 52-year-old grandfather who lived in the neighborhood, had been involved in any fight.

Two veteran officers who witnessed the defendant’s actions that night, officers Joseph Dick and Anthony Spencer, reported the defendant to their supervisor. Dick and Spencer both testified at trial about the defendant’s use of excessive force and about the harassment and retaliation they suffered after stepping forward to report a fellow officer. They and other officers also testified that after the arrest, back at the police station, the defendant boasted to several officers about the force of his kicks and about having seriously injured Baker.

At the sentencing hearing, District Judge Wilhelmina Wright of the District of Minnesota told the defendant, who had been entrusted with a position of authority, “You flagrantly abused that trust.”

This case was investigated by the Minneapolis Division of the FBI and was prosecuted by Special Litigation Counsel Christopher J. Perras and former Trial Attorney Zachary Dembo of the Civil Rights Division.

A New York man pleaded guilty today to negligently releasing asbestos and thereby exposing victims to an increased risk of death or serious bodily injury.

Roger Osterhoudt, 58, of Saugerties, New York, entered a guilty plea to a Clean Air Act violation before the Hon. Judge McAvoy sitting in Binghamton. Sentencing is currently scheduled for Sept. 28. Osterhoudt faces up to a year in prison, five years’ probation, a $50,000 criminal fine, and will likely be held liable for providing restitution to any victims. 

"Operators of asbestos demolition and renovation projects are responsible for how this dangerous material is handled," said Acting Assistant Attorney General Jean E. Williams for the Justice Department’s Environment and Natural Resources Division. "Negligently placing people in grave danger from air pollution is a crime that this Division will investigate and, when appropriate, prosecute. This is one of those cases."

According to court documents, between 2015 and 2016, Osterhoudt, negligently permitted abatement workers to remove asbestos from a former IBM site in Kingston, now known as TechCity. As Osterhoudt, knew, the facility in question contained over 400,000 square feet of regulated asbestos-containing material (RACM), as well as an additional 6,000 linear feet of RACM pipe wrap. Osterhoudt, as the Vice President of Property Management for TechCity, hired an asbestos abatement contractor and a project monitoring company to remove all the asbestos from the facility prior to its renovation and/or demolition. 

Between 2015 and 2016, Osterhoudt was made aware that these abatement and project monitoring companies were violating asbestos regulations related to the safe containment, handling, and disposal of asbestos wastes. These regulations are intended to protect workers and prevent releases into surrounding communities and the environment. New York State issued notices of violation (“NOVs”) as a result of many of these infractions. Nonetheless, Osterhoudt not only permitted the work to continue, but further pressured asbestos abatement supervisors and workers to expedite the removal of asbestos at the site to meet contract deadlines. At times, A2ES’s owner, Stephanie Laskin, and other A2ES supervisors, including Gunay Yakup (both of whom have previously entered guilty pleas), instructed workers to remove RACM dry—leading to visible emissions of asbestos—and directed work to proceed in areas that were not properly sealed off with “critical barriers” intended to prevent the escape of asbestos contamination into the surrounding community and environment.

Osterhoudt admitted that he was aware of the numerous NOVs, and that he should have known that by permitting the asbestos abatement and project monitoring companies to continue their illegal practices, he negligently permitted the release of asbestos contamination into the environment and placed others at an increased risk of death or serious bodily injury. Asbestos has been determined to cause lung cancer, asbestosis, and mesothelioma, an invariably fatal disease. The EPA has determined that there is no safe level of exposure to asbestos.

Special agents of the EPA and individuals from the New York Departments of Labor and Environmental Conservation investigated the case. Todd W. Gleason and Gary N. Donner of ENRD’s Environmental Crimes Section prosecuted the case with the assistance of paralegal Chloe Harris.

A California man has been sentenced to more than 10 years in prison for partnering with call centers in Peru that defrauded Spanish-speaking U.S. residents through lies and threats.

“The Department of Justice’s Consumer Protection Branch will vigorously pursue and prosecute fraudsters who prey on others through international telemarketing schemes,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Consumer Protection Branch, working alongside the Postal Inspection Service and our U.S. Attorney’s Office partners, will bring to justice those who threaten and defraud consumers, including immigrants who may be vulnerable to schemes that involve false threats to their liberty and ability to remain in the United States.” 

According to court documents, Angel Armando Adrianzen, 46, partnered with a series of Peruvian call centers that contacted U.S. consumers, many of whom were vulnerable recent immigrants, using internet-based telephone calls. Those callers claimed to be attorneys or government representatives, and falsely told victims that they had failed to pay for or receive delivery of products. The callers also falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment, or immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees. Many victims made payments based on these baseless threats. Adrianzen received the victims’ payments and shipped products to the victims for these call centers, knowing that the call centers used fraudulent and extortionate means to extract money from vulnerable victims. Adrianzen was also convicted of and sentenced for two counts of possession of child pornography, found on his laptop computer and cell phone when search warrants were executed upon those devices. 

As part of his guilty plea, Adrianzen admitted that from April 2011 until at least September 2019, he was the owner and operator of AAD Learning Center (AAD). Adrianzen operated and oversaw AAD from California and worked in partnership with call centers in Peru to contact Spanish-speaking consumers in the United States, including in the Southern District of Florida. At AAD, Adrianzen participated in a fraudulent telemarketing scheme that offered various products to Spanish-speaking consumers in the United States to obtain payments from vulnerable victims. 

“Today’s sentence serves not only as just punishment for this defendant, but also as notice to others who may prey on vulnerable victims,” said Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida.  “The Justice Department and its partners will aggressively investigate such criminal activity. We will find you and ensure you are held accountable for your crimes.”

“In this international telemarketing scheme, deceptive scare tactics were used to threaten thousands of vulnerable U.S. consumers into purchasing undelivered products by falsely purporting to use America’s legal system against them and coercing them out of millions of dollars,” stated Inspector in Charge Joseph Cronin of the U.S. Postal Inspection Service, Miami Division. “Today’s sentencing hopefully brings relief to U.S. residents and immigrants who were victimized by this transnational fraudulent scheme. The U.S. Postal Inspection Service, along with the Department of Justice’s Consumer Protection branch and the U.S. Attorney’s Office, are committed to holding individuals who use the U.S. Mail to defraud consumers accountable.”

In pleading guilty, Adrianzen admitted that he assisted his co-conspirators in Peru in setting up and staffing call centers that contacted victims in the United States and, at times, provided the call centers with lists of consumers to contact and call scripts to use when doing so. The scripts incorporated various false statements, including directing callers to falsely claim to be attorneys with the U.S. Department of Education. In other scripts, the callers were directed to falsely claim to be associated with Spanish language television channels, radio stations, or toothpaste companies. 

Adrianzen further admittd that his co-conspirators falsely claimed that they were lawyers, sometimes calling from a “legal department” of a company, or from a supposed “minor crimes court.” Adrianzen’s co-conspirators falsely threatened to have victims deported, arrested, and charged with crimes, and to have negative marks placed on their credit reports if they failed to pay the hundreds of dollars of demanded fees. Ultimately, Adrianzen processed over $3,500,000 in payments as part of the scheme.

Adrianzen was sentenced to serve 121 months in prison by U.S. District Judge Robert N. Scola Jr., to be followed by fifteen years’ supervised release. He was also ordered to make restitution payments to victims of his offenses. Adrianzen was arrested on Sept. 16, 2019, and has remained incarcerated. On Nov. 21, 2019, he pleaded guilty to conspiracy to commit mail and wire fraud.

The U.S. Postal Inspection Service’s Miami Division and the Civil Division’s Consumer Protection Branch investigated the case.

Trial Attorneys Phil Toomajian and Joshua Rothman of the Consumer Protection Branch prosecuted the case. Assistant U.S. Attorney Bertila Fernandez of the Southern District of Florida assisted with the prosecution of the child pornography charges. 

For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch. 

Click to view the Spanish language version of this press release. 

An indictment was unsealed today charging an Arkansas man with three counts of evading his individual income taxes.

According to the indictment, Joshua Wood, formerly a resident of Alma, Arkansas, was employed as a recreational vehicle and automobile salesman from 2014 through 2016. Despite earning total gross income during these three years in excess of $300,000, Wood allegedly did not file his 2014 through 2016 income tax returns as required by law. In addition Wood allegedly supplied his employers with forms W-4 falsely claiming he was exempt from federal income tax withholding. When questioned by IRS Criminal Investigations (IRS-CI) special agents about why he had failed to file his income tax returns, Wood allegedly gave a false statement.

If convicted, Wood faces a maximum penalty of five years in prison on each count of tax evasion. Each count also carries the possibility of a fine and supervised release upon completion of any sentence of incarceration. 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 Acting U.S. Attorney David Clay Fowlkes for the Western District of Arkansas made the announcement.

IRS-CI is investigating the case.

Trial Attorney Robert Kemins of the Justice Department’s Tax Division is 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.

The United States has seized 68 protected lions, tigers, lion-tiger hybrids, and a jaguar from Jeffrey and Lauren Lowe’s Tiger King Park in Thackerville, Oklahoma, pursuant to a judicially-authorized search and seizure warrant, for ongoing Endangered Species Act (ESA) violations. The Justice Department will seek civil forfeiture of these animals and any offspring pursuant to the ESA’s forfeiture provision. 

Pursuant to a court-approved stipulation in United States v. Lowe, et al., No. 20-423 (E.D. Okla.), the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service has conducted three inspections of Tiger King Park since mid-December 2020. During these inspections, the Lowes received citations for failing to provide the animals with adequate or timely veterinary care, appropriate nutrition, and shelter that protects them from inclement weather and is of sufficient size to allow them to engage in normal behavior. The Lowes were recently found in contempt after months of noncompliance with court orders requiring the Lowes, in part, to employ a qualified veterinarian and establish and maintain a program of veterinary care that meets the requirements of the Animal Welfare Act. The United States alleges that these violations as to ESA-protected animals also constitute violations of the ESA.

“This seizure should send a clear message that the Justice Department takes alleged harm to captive-bred animals protected under the Endangered Species Act very seriously,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division.

“This important animal rescue operation of nearly 70 endangered and allegedly abused lions, tigers, and a jaguar shows how effective civil forfeiture can be when utilized in conjunction with statutes like the Endangered Species Act,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “We are proud to have partnered with the Environment and Natural Resources Division to protect these amazing animals, and will work to ensure that they go to responsible animal preserves where they can be safely maintained rather than exploited.”

“The U.S. Fish and Wildlife Service enforces the Endangered Species Act,” said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service’s (FWS) Office of Law Enforcement. “The law protects imperiled species, such as tigers, both in the wild and in captivity. We work jointly with our federal law enforcement partners to conserve and protect natural resources and we are pleased that we could provide our expertise to assist the U.S. Marshals and USDA officers. Together, we will ensure these animals receive proper care and rehabilitation.”

The case is being investigated by USDA and the Department of the Interior’s FWS. The U.S. Marshals were integral in executing the seizure warrant and securing the property, which allowed for the swift removal of the animals.

The case is being handled by Senior Trial Attorney Mary Hollingsworth, Trial Attorneys Briena Strippoli, and Devon Flanagan from the Environment and Natural Resources Division and Senior Policy Advisor Darrin McCullough of the Criminal Division’s Money Laundering and Asset Recovery Section. They are assisted by attorneys from the Civil Division of the U.S. Attorney’s Office for the Eastern District of Oklahoma. 

Attorney General Merrick B. Garland made the following statement after President Biden's signing of the COVID-19 Hate Crimes Act into law:

“Today’s bill signing is an important step toward protecting everyone in our country from acts of hate and intolerance.

“We have seen a substantial rise in hate crimes and bias-related incidents against the Asian-American and Pacific Islander community since the beginning of the pandemic. 

“This new law will help speed our response to hate crimes and provide resources to law enforcement to improve hate crime reporting. The law will assist law enforcement in targeting its efforts, which will help to prevent these devastating crimes and to respond efficiently and effectively to crimes, when they occur.

“The Department of Justice is proud to play a central role in implementing this legislation. Investigating and prosecuting hate crimes is a top priority, deeply rooted in the department’s founding. We will use the new law to enhance the aggressive measures we are taking to combat crime motivated by bigotry and discrimination.”

Attorney General Merrick B. Garland spoke by phone yesterday with Priti Patel, the United Kingdom’s Home Secretary. In this inaugural conversation, the Attorney General and Home Secretary reaffirmed their shared commitment to deepening cooperation on countering common threats, including those posed by international terrorism. The two leaders also discussed their efforts to address challenges posed by technology and to combat online child sexual exploitation and abuse. They look forward to further in-depth discussions on these and other issues central to the protection of the citizens of both our countries.

An Idaho man pleaded guilty today to lying to the Occupational Safety and Health Administration (OSHA) and to making an illegal repair to a cargo tanker in violation of the Hazardous Materials Transportation Act.

According to court documents, Loren Kim Jacobson, 66, of Pocatello, Idaho, and owner of a tanker testing and repair company, KCCS Inc., lied to OSHA during an investigation and made an illegal repair to a cargo tanker in violation of the Hazardous Materials Transportation Act. The case arose from an explosion that occurred at KCCS during a cargo tanker repair on Aug. 14, 2018, severely injuring a KCCS employee.

According to the plea agreement, the KCCS employee’s welder flame pierced the skin of the tanker, which contained residual flammable material, resulting in the tanker exploding. After the explosion, an OSHA investigator interviewed Jacobson about the circumstances surrounding the accident, as part of an investigation into whether Jacobson had violated OSHA safety standards for cargo tanker repair work. Jacobson made a materially false statement to the OSHA investigator during that interview, namely that his employee was merely an “observer,” not an employee, and that KCCS did not have any employees. This was an important point because OSHA requirements only apply to “employers.” Jacobson lied about not having employees to evade legal repercussions and penalties for his violation of various Occupational Safety and Health (OSH) Act safety standards during the repair that resulted in the explosion.

Jacobson also admits in the plea agreement that he did not possess the necessary certification to conduct cargo tanker repairs that he regularly conducted. Under the Hazardous Materials Transportation Act, all repairs to the skin of a cargo tanker require that the repairperson hold an “R-stamp,” which can be obtained only after meeting extensive training requirements. The purpose of this requirement is to ensure that those conducting repairs on cargo tankers (which often haul flammable materials) have adequate training and expertise to do so safely. Jacobson admitted that he had a regular practice of making repairs requiring an R-stamp, despite knowing he did not have one, and that he would send employees into the cargo tankers to weld patches from the inside of the tanker so that the illegal repairs would not be visible from the outside. Jacobson did not follow OSHA safety standards for protecting employees from such dangerous “confined space entries.” According to the plea agreement, Jacobson directed his employee to conduct a hidden repair of this type on the tanker that subsequently exploded, in violation of both OSHA safety standards and the R-stamp requirement.

“The Environmental Crimes Section’s Worker Safety Initiative is designed to make sure that employers like Loren Jacobson, who shirk safety requirements and put their employees, customers, and the public at risk, are held accountable for their actions,” said Acting Assistant Attorney General Jean Williams for the Justice Department’s Environment and Natural Resources Division. “We are committed to protecting the lives and health of those who do the important work of keeping safe cargo vehicles on the road. This prosecution makes clear to others who might be tempted to ignore these certification and safety programs that they will face felony consequences for putting their employees and the public in danger. Our thanks go out to the investigators from OSHA, the Environmental Protection Agency, and the Department of Transportation who worked diligently to bring these violations to light. And our thoughts are with the victim of this horrible accident.”

“Loren Jacobson lied to Occupational Safety and Health Administration Investigators to cover up the extreme risks he had been taking with his employees,” said Special Agent in Charge Quentin Heiden of the U.S. Department of Labor - Office of Inspector General, Los Angeles. “The Department of Labor’s Office of Inspector General will continue to work with our law enforcement partners to ensure the safety of American workers.”

“Today’s guilty plea is a sober reminder that endangering the health and safety of commercial industry workers and the public by violating federal hazardous materials transportation requirements will not be tolerated,” said Special Agent in Charge Cissy Tubbs of the Department of Transportation Office of Inspector General - Western Region Office of Investigations. “We offer our sincerest condolences to the victim of the August 2018 explosion and remain steadfast in our commitment to working with our law enforcement and prosecutorial partners to hold accountable those who flaunt federal requirements to place financial gain above public safety.”

“OSHA’s mission is to ensure that every American comes home safe and sound after the day’s work,” said Boise OSHA Director David Kearns. “When an employer lies to OSHA, he passes the buck, leaving the door open to more workplace injuries and deaths. No one should be killed or injured for a paycheck.  Dishonesty is not a means to protect workers. OSHA was pleased to work with our investigative partners and the Department of Justice to hold this employer criminally liable for his deceit.” 

“The terrible injuries involved this case are a stark reminder of the need for workplace safety requirements and enforcement,” said Acting U.S. Attorney Rafael M. Gonzalez Jr. for the District of Idaho. “I commend the investigators at OSHA, the Department of Transportation, and the EPA for uncovering the evidence in this case. Working with our partners, our office will continue to hold employers accountable for criminally endangering their employees.” 

Jacobson is scheduled to be sentenced on Aug. 25 and faces a maximum penalty of five years in prison per count (10 years total). A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Trial Attorney Cassandra Barnum of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Joshua Hurwit of the District of Idaho are prosecuting this case with assistance from criminal investigators from the Environmental Protection Agency and the Department of Transportation.

WASHINGTON – A Montana man was sentenced today to 15 months in prison for employment tax fraud.

According to court documents and statements made in court, Trennis Baer, of Great Falls, owned and operated Baer Construction based in Great Falls. Beginning in 2010 and continuing through 2018, Baer did not file quarterly employment tax returns, nor did he pay employment taxes withheld from his employees’ wages to the IRS. Baer did not comply with these legal requirements, even though the company’s outside accountant from at least 2013 on prepared employment tax returns to be filed and calculated the taxes due. In addition to spurning his employment tax obligations, Baer willfully did not file personal income tax returns for the years 2001 to 2006, 2008, and 2010 to 2018. The total tax loss to the IRS from Baer’s conduct is more than $1.5 million.

In addition to the term of imprisonment, U.S. District Judge Brian Morris ordered Baer to serve two years of supervised release and to pay approximately $935,251 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 Leif M. Johnson for the District of Montana made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys Matthew Hoffman and Eric Taffet of the Justice Department’s Tax Division prosecuted the case.

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A Montana man was sentenced today to 15 months in prison for employment tax fraud.

According to court documents and statements made in court, Trennis Baer, of Great Falls, owned and operated Baer Construction based in Great Falls. Beginning in 2010 and continuing through 2018, Baer did not file quarterly employment tax returns, nor did he pay employment taxes withheld from his employees’ wages to the IRS. Baer did not comply with these legal requirements, even though the company’s outside accountant from at least 2013 on prepared employment tax returns to be filed and calculated the taxes due. In addition to spurning his employment tax obligations, Baer willfully did not file personal income tax returns for the years 2001 to 2006, 2008, and 2010 to 2018. The total tax loss to the IRS from Baer’s conduct is more than $1.5 million.

In addition to the term of imprisonment, U.S. District Judge Brian Morris ordered Baer to serve two years of supervised release and to pay approximately $935,251 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 Leif M. Johnson for the District of Montana made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys Matthew Hoffman and Eric Taffet of the Justice Department’s Tax Division prosecuted the case.

A North Carolina man was sentenced today to 78 months in prison for conspiring to commit money laundering and filing a false tax return.

According to court documents and other information presented in court, Phil Howard, 55, arranged on at least 221 different occasions for cut-rag tobacco to be transported by trucks from Wilson, North Carolina, to an area on or near the Akwesasne Mohawk Nation Reservation (Akwesasne Reservation) as part of a conspiracy to smuggle the tobacco into Canada without paying Canadian federal excise duties and provincial taxes. The Akwesasne Reservation straddles the U.S.-Canadian border on both banks of the St. Lawrence River. Co-conspirators then smuggled the cut-rag tobacco over the St. Lawrence River and transported it to the Kahnawake Mohawk Nation Reservation in Quebec. Ultimately, the cut-rag tobacco was manufactured into contraband cigarettes.

In all, the conspiracy smuggled more than six million pounds of cut-rag tobacco into Canada, resulting in a tax loss to Canada exceeding $600,000,000. For his role, Howard received payment in the form of cash and cigarettes, as well as in the form of wires. In total, Howard laundered more than $2 million dollars in criminal proceeds. He further failed to report his criminal profits on his tax returns, including by filing false returns for tax years 2014 to 2018. This resulted in a tax loss to the United States of more than one million dollars.

In addition to his tobacco smuggling and tax fraud schemes, the court today applied an obstruction of justice enhancement at sentencing because Howard provided false testimony under oath to a federal grand jury that was investigating federal crop insurance fraud as part of a joint investigation by the U.S. Department of Agriculture’s Office of Inspector General (USDA-OIG) and the IRS.

In addition to the term of imprisonment, U.S. District Judge James C. Dever III ordered Howard to serve three years of supervised release and to pay approximately $1,062,192 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 G. Norman Acker III for the Eastern District of North Carolina made the announcement.

USDA-OIG and IRS Criminal Investigation investigated the case, with assistance from Canadian Border Services Agency – Enforcement and Intelligence Operations Division, Intelligence Section; the Surete du Quebec Police; the Buffalo Homeland Security Investigations (HSI) Office and HSI Massena’s Border Enforcement Security Task Force; Bureau of Alcohol, Tobacco, Firearms, and Explosives, Charlotte Field Division; and the U.S. Attorneys’ Offices for the Northern District of New York and the Western District of New York.

Former Assistant U.S. Attorney Banumathi Rangarajan and Assistant U.S. Attorney Susan Menzer of the Eastern District of North Carolina, along with Trial Attorney Will Guappone of the Tax Division, prosecuted the case.

The former managing director of residential lending and two former loan officers of a financial institution headquartered in Southfield, Michigan, pleaded guilty to participating in a years-long scheme to originate fraudulent residential-mortgage loans through the bank’s low-documentation Advantage Loan Program.

According to court documents and statements made in court, YiHou Han, 39, of San Francisco, California, Hao Liang “Frank” Hu, 48, of Chino Hills, California, and Amy Lu, 33, of Brea, California, each caused the submission of fraudulent loan applications to the financial institution, referred to as Financial Institution A, under the Advantage Loan Program, which resulted in the origination of loans. Han served as a senior loan officer, and eventually as the managing director of residential lending, at Financial Institution A, while Hu and Lu served as residential-loan officers. At various times during the conspiracy that ran from 2011 until 2019, Han, Hu, and Lu falsified and caused to be falsified borrowers’ income and debt-to-income ratios, job titles, employment histories, and supporting documents, among other things. As part of the scheme, they instructed borrowers to fabricate deposit histories and to transfer funds to third parties, who would then transfer the funds back to the borrowers as “gifts” in order to conceal the true source of the funds and to promote the underlying fraud scheme. Han, Hu, and Lu also knowingly facilitated the approval of loans to borrowers involved in money laundering and tax evasion.  

As part of her guilty plea, Han admitted that she and her co-conspirators undermined Financial Institution A’s ability to implement effective anti-money laundering controls to monitor, investigate, and report potentially suspicious activity involving Advantage Loan Program borrowers. Han further admitted that her falsification of documents and material information about borrowers’ qualifications for the Advantage Loan Program was done with the knowledge and encouragement of members of Financial Institution A’s senior management in order to increase the volume of loans originated under the Advantage Loan Program, which in turn increased the bank’s revenue and the co-conspirators’ personal commissions. 

During the conspiracy, Han originated at least 1,288 Advantage Loans, Hu originated at least 825 Advantage Loans, and Lu originated at least 358 Advantage Loans, representing a total of at least 2,471 loans and more than $876 million in credit extend by Financial Institution A. Han, Hu, and Lu admitted that the overwhelming majority of these loans were based on one or more fraudulent actions and that primarily as a result of the origination of these fraudulent loans Han earned approximately $3,381,355.26 in commissions, Hu earned approximately $2,519,488.98 in commissions, and Lu earned approximately $990,847.58 in commissions. 

Han pleaded guilty to one count of conspiracy to commit bank fraud and wire fraud, while Lu previously pleaded guilty to one count of conspiracy to commit bank fraud and wire fraud, and Hu previously pleaded guilty to one count of conspiracy to commit bank fraud and wire fraud. Han is scheduled to be sentenced on Aug. 18, 2021, while Lu and Hu are scheduled to be sentenced on June 28, 2021, and June 27, 2022, respectively. Lu faces a maximum sentence of five years in prison, and Hu and Han each face a maximum sentence of 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Assistant Director in Charge Kristi K. Johnson of the FBI’s Los Angeles Field Office; Inspector in Charge Delany De Léon-Colón of the Criminal Investigation Group of the U.S. Postal Inspection Service (USPIS); Acting Special Agent in Charge Francis Mace of the Office of Inspector General for the Federal Deposit Insurance Corporation (FDIC-OIG), San Francisco Region; and Special Agent in Charge Scott K. Redington of the Office of Inspector General – Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau (CFPB), San Francisco Western Division, made the announcement. 

The FBI, USPIS, FDIC-OIG, and OIG-Board of Governors of the Federal Reserve System and CFPB investigated the case.

Trial Attorneys Kevin Lowell and Jason Covert of the Criminal Division’s Fraud Section are prosecuting the case. 

A federal grand jury in Denver, Colorado, returned an indictment charging Norman W. Fries Inc., dba Claxton Poultry Farms (Claxton), headquartered in Claxton, Georgia, with participating in a nationwide conspiracy to fix prices and rig bids for broiler chicken products.

According to court documents, from at least as early as 2012 until at least 2019, Claxton and co-conspirators, including current President Mikell Fries and current Vice President Scott Brady, conspired to suppress and eliminate competition for sales of broiler chicken products, which are raised for human consumption and sold to grocers and restaurants. Fries and Brady are among 10 individuals charged in a superseding indictment in October 2020 for their roles in the conspiracy. Pilgrim’s Pride Corporation, a major broiler chicken producer based in Greeley, Colorado, pleaded guilty and was sentenced in February 2021 to pay a criminal fine over $107 million for its role in the conspiracy.

“As this charge shows, we will not hesitate to prosecute crimes designed to put money in corporate coffers and line executives’ pockets at the expense of everyday Americans, including the hundreds of millions of us who rely on chicken to be an affordable staple food,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “Alongside our valued law enforcement partners and colleagues at the District of Colorado U.S. Attorney’s Office, we will not stop until integrity is restored to this vital market and all wrongdoers are held to account.”

“Today's announcement is yet another example of the dedication of the FBI and its partners to root out corrupt individuals and companies who collude to inflate prices and attempt to eliminate fair markets,” said Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office. “This anti-competitive behavior will not be tolerated and the FBI will work to hold people and companies accountable for their criminal actions.”

“At such a critical juncture in our nation’s economic history, we are especially proud to be working with DOJ Antitrust Division, the FBI, and USDA OIG to protect American consumers from such unscrupulous efforts to distort the free market for personal gain,” said Special Agent in Charge Duane Townsend of the U.S. Department of Commerce, Office of Inspector General. “This is yet another cooperative step towards justice and restoration of integrity to the poultry market.” 

Claxton is charged with a violation of the Sherman Antitrust Act. If convicted, Claxton faces a statutory maximum fine for corporations of $100 million. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims, if either of those amounts is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the broiler chicken industry, which is being conducted by the Antitrust Division with the assistance of the Department of Commerce Office of Inspector General, the FBI’s Washington Field Office, and the U.S. Department of Agriculture Office of Inspector General. Special thanks to the District of Colorado for their assistance.

Anyone with information on price fixing, bid rigging, or other anticompetitive conduct related to the broiler chicken industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Two men and a California business each pleaded guilty this week to conspiring to distribute consumer products that contained designer anabolic steroids.

Justin Smith, 35, of Batesville, Arkansas, pleaded guilty on May 18, 2021, to one count of conspiring to sell controlled substances. According to court documents, Smith admitted that he sold designer steroids that he marketed as “dietary supplements.” Smith further admitted knowing that the unlawful distribution of designer steroids was subject to criminal penalties under the Designer Anabolic Steroid Control Act of 2014 (DASCA), which amended the Controlled Substances Act to include designer steroids. Smith owned Legendary Supplements, an online store whose most profitable products contained anabolic steroids. Smith admitted to distributing more than 60,000 capsules of illegal steroids to consumers in 2015 and 2016.

In a separate but related case, Leonard Shemtob, 39, of Los Angeles, California, pleaded guilty on May 19, 2021, to one count of conspiring to sell controlled substances. According to court documents, Shemtob owned and controlled Strong Supplements LLC, an online company that sold bodybuilding supplements containing designer steroids. Shemtob admitted that he also knew that the distribution of such products was illegal under the Controlled Substances Act and DASCA. Shemtob’s company, Strong Supplements LLC, also pleaded guilty to one count of conspiring to sell controlled substances.

“Dietary supplement products that contain steroids are illegal controlled substances,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will prosecute individuals and companies who ignore the law and put consumers at risk.”

“This week’s actions represent our continued commitment to pursuing and bringing to justice those who mislead the public and attempt to subvert the regulatory functions of the FDA,” said Assistant Commissioner for Criminal Investigations Catherine A. Hermsen of the FDA Office of Criminal Investigations.

Both defendants pleaded guilty in Ft. Lauderdale before U.S. District Judge William P. Dimitrouleas of the Southern District of Florida. Smith is scheduled to be sentenced on Nov. 12, and faces a maximum penalty of 10 years in prison. Shemtob and Strong Supplements LLC are scheduled to be sentenced on Dec. 6. Shemtob faces a maximum penalty of 10 years in prison. Strong Supplements LLC faces a maximum penalty of five years of probation and a $2,500,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

According to court documents, Smith and Shemtob both stated that they purchased the designer steroids they sold from Blackstone Labs LLC, a corporation based in Boca Raton, Florida. Blackstone Labs and seven other defendants were previously charged by indictment in connection with a conspiracy to distribute controlled substances. One defendant in that case pleaded guilty in 2019, and the remaining defendants are set for trial on Oct. 12, 2021.

The FDA’s Office of Criminal Investigation investigated the cases.

Trial Attorneys Alistair Reader and Steven Gripkey, Senior Litigation Counsel David Frank, and Assistant Director John W. Burke of the Justice Department’s Consumer Protection Branch are prosecuting the cases with assistance from the U.S. Attorney’s Office for the Southern District of Florida.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Attorney General Merrick B. Garland spoke yesterday with Bill Blair, the Minister of Public Safety and Emergency Preparedness of Canada. In their inaugural bilateral conversation, the leaders discussed their shared commitment to cooperating at the strategic level on a wide range of shared challenges and opportunities – from advancing policing and justice reform to countering the threats posed by domestic violent extremism. Attorney General Garland and Minister Blair also reaffirmed their commitment to reinvigorating the U.S./Canada Cross-Border Crime Forum as a mechanism for enhancing bilateral cooperation between the Justice Department and Public Safety Canada on common law enforcement objectives, including reducing gun violence and addressing shared narcotics threats from transnational criminal organizations.

A federal grand jury in Cleveland, Ohio, returned a superseding indictment on May 13, 2021, that was unsealed yesterday, charging three Ohio men and one woman with conspiring to operate illegal gambling businesses and to defraud the IRS, among other criminal offenses.

According to the superseding indictment, from 2010 through 2018, Jason Kachner, his spouse Rebecca Kachner, and Ronald DiPietro conspired to operate Skilled Shamrock, an illegal gambling business in Canton, Ohio, and to defraud the IRS in connection with income generated by that business. From 2012 through 2017, patrons at Skilled Shamrock allegedly wagered more than $34 million, producing more than $4 million in net income.

The superseding indictment further charges that from 2013 through 2018, both of the Kachners and Thomas Helmick conspired to operate another Canton-based illegal gambling business, Redemption Skill Games 777 (Redemption). They allegedly conspired to defraud the IRS by filing false tax returns that concealed a substantial portion of Redemption’s gross receipts and concealed Redemption’s true ownership.

In addition to the conspiracy charges, DiPietro, a Certified Public Accountant, was charged with assisting in the preparation of false tax returns for the Kachners for the years 2013 through 2017. The returns allegedly did not report the Kachners’ true income from Skilled Shamrock. The Kachners were also charged with filing false individual tax returns for the same years, and Helmick was charged with filing his own false individual income tax returns for the years 2014 through 2016 that allegedly underreported Redemption’s gross receipts.

The defendants were arrested on Tuesday, May 18, and made their initial court appearance before U.S. Magistrate Judge Greenberg of the U.S. District Court for the Northern District of Ohio. If convicted, Jason and Rebecca Kachner, DiPietro, and Helmick each face a maximum penalty of five years in prison for each conspiracy count and five years in prison for each illegal gambling business count. The Kachners and Helmick also face three years in prison for each false tax return count, and DiPietro faces three years in prison for each count of aiding in the preparation of a false tax return. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio made the announcement.

IRS Criminal Investigation, the U.S. Department of Treasury Office of Inspector General, the Ohio Casino Control Commission, and Ohio Organized Crime Investigations Commission – Major Crimes Tax Force are investigating the case.

Trial Attorneys Richard Rolwing and Sam Bean of the Tax Division, along with Assistant U.S. Attorneys Robert Patton and David Toepfer for the Northern District of Ohio, 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.

A former supervisory correctional officer at the Valdosta State Prison (VSP) in Valdosta, Georgia, pleaded guilty today to violating the civil rights of two inmates during two separate incidents.

According to court documents and admissions made during the hearing, on Sept. 24, 2018, Patrick Sharpe, 30, while on duty as a correctional officer at VSP, assaulted a handcuffed inmate in retaliation for an earlier interaction between the inmate and a female officer. Specifically, while escorting the inmate across the prison grounds, Sharpe wrapped a pair of handcuffs around his fist and punched the inmate three times – twice to the inmate’s face and once to the back of his head.  As a result of the assault, the inmate briefly lost consciousness and suffered lacerations to his face and head. The inmate was restrained and compliant at the time of the assault.

In the second incident, on Dec. 29, 2018, Sharpe, while on duty as a supervisory correctional officer at VSP, instructed his subordinate officers to assault a handcuffed inmate in retaliation for an earlier altercation between that inmate and a different female officer. Specifically, Sharpe, along with several other correctional officers — including officers Jamal Scott and Brian Ford, both of whom have previously pleaded guilty to federal crimes related to this incident — escorted the handcuffed inmate to an outdoor area on the grounds of the prison for the purpose of assaulting the inmate. Scott and Ford, carrying out a directive from Sharpe, took the inmate to the ground and struck him multiple times in the body. The inmate was handcuffed and compliant at the time of the assault.  

“The defendants committed two retaliatory, injurious, and unjustified assaults while acting as a corrections officer,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring that the civil rights of all individuals are protected and will vigorously prosecute individuals who betray their oath of office and violently abuse the power entrusted to them as officers of the law.”

“Our office is committed to protecting the civil rights of all people, and we will prosecute all those who violate the law,” said Acting U.S. Attorney Peter Leary of the Middle District of Georgia. “Law enforcement and correctional officers will be held to the highest standard, as well they should, since they are entrusted with a great degree of authority over the liberty of those they are sworn to protect.”

“Correctional officers at prisons face difficult conditions trying to keep prisons safe for incarcerated felons and staff, but it is never acceptable for them to violate their oath by violently abusing their power,” said Special Agent in Charge Chris Hacker of the FBI Atlanta Field Office. “The FBI makes civil rights offenses a high priority to protect inmates against such abuse and to protect the hard-working officers who uphold their oaths on a daily basis.”

Sharpe faces a maximum statutory penalty of up to 10 years in prison and a fine of up to $250,000 for each count.

This case was investigated by the FBI and was prosecuted by Trial Attorneys Katherine G. DeVar and Nicole Raspa of the Justice Department’s Civil Rights Division, with assistance from Criminal Chief Michael Solis of the U.S. Attorney’s Office for the Middle District of Georgia.

ST. LOUIS – Leonard Elliston Thomas, 36, of  St. Louis Missouri, pleaded guilty to one count of being a felon in possession of a firearm. Thomas appeared, today, before United States District Court Judge Sarah E. Pitlyk.

In February 2020, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) received information, from a source, Thomas and a co-defendant were attempting to purchase fully automatic firearms. The co-defendant was a Bureau of Prisons inmate at the time.

Thomas and his co-defendant negotiated a deal to purchase multiple firearms and Glock switches from undercover ATF agents in exchange for cash and methamphetamine. The co-defendant arranged a deal via telephone and Thomas met with agents. Both were arrested and multiple firearms and drugs were seized.

The Bureau of Alcohol, Tobacco, Firearms & Explosives investigated the case. Assistant U.S. Attorney Allison Behrens is handling the case.

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A federal grand jury in Honolulu, Hawaii, returned an indictment on May 13 charging a Hawaii husband and wife with conspiring to defraud the United States and filing a false tax return. The husband was also charged with five counts of money laundering.

The indictment charges that from 2015 to 2021, Michael Chock and Brigida Chock of Ewa Beach, Hawaii, along with an unnamed co-conspirator, prepared and filed a Form 1099-MISC reporting bogus tax withholdings, as well as a false 2014 amended individual income tax return that requested a refund of $225,327, based on those fraudulent withholdings. After receiving the false return, the IRS allegedly issued a refund to the Chocks. Later, when the IRS initiated collection activity, the Chocks allegedly took steps to prevent the IRS from retrieving the fraudulently obtained refund. The indictment further alleges that Michael Chock laundered the fraudulently obtained refund through a series of financial transactions using banks located in the District of Hawaii.

The defendants were arraigned today before U.S. Magistrate Judge Kenneth J. Mansfield of the U.S. District Court for Hawaii.

If convicted, Michael Chock faces a maximum sentence of 10 years in prison for each count of money laundering. The Chocks each face a maximum sentence of three years for filing a false tax return and a maximum sentence of five years for conspiracy to defraud the United States. 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 Acting U.S. Attorney Judith A. Philips for the District of Hawaii made the announcement.

The IRS-Criminal Investigation is investigating the case.

Trial Attorneys Sarah A. Kiewlicz and Valerie G. Preiss of the Tax Division and Assistant U.S. Attorney Gregg Paris Yates of the U.S. Attorney’s Office for the District of Hawaii 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.

U.S. Attorney General Merrick B. Garland today announced that the Justice Department will immediately begin work to reinvigorate its Office for Access to Justice and to restore the Justice Department’s role in leading efforts across government to seek and secure meaningful access to justice.

“Trust in the rule of law – the foundation of American democracy – depends upon the public’s faith that government seeks equal justice for all. That is the Justice Department’s core duty, and the mission upon which it was built. But without equal access to justice, the promise of equal justice under law rings hollow,” wrote Attorney General Garland in a memo to departmental leadership this afternoon.

The Attorney General directed the Justice Department’s leadership offices to immediately begin a review process that will engage all relevant stakeholders, both within the department and beyond. The review will initially explore, among other things, how the Justice Department and partners across federal, state, territorial, and tribal governments can alleviate entrenched disparities in our criminal justice system, address barriers to access in our immigration and civil legal systems, and advance health, economic, and environmental justice efforts. The Attorney General’s memo also charged Deputy Attorney General Lisa M. Monaco and Associate Attorney General Vanita Gupta with developing recommendations regarding the resources that will be required to reinvigorate the department’s Office for Access to Justice including a staffing strategy and placement within the department in light of its responsibilities.  

The Attorney General will submit a detailed plan to the President for expanding the department’s role in leading access to justice initiatives across government within 120 days.

The Justice Department first launched an access to justice initiative in 2010. Building upon that important effort, the Office for Access to Justice was formally established in 2016 to plan, develop, and coordinate the implementation of access to justice policy initiatives of high priority to the department and the executive branch, including in the areas of criminal indigent defense and civil legal aid. However, during the prior administration, the office was effectively shuttered.

In addition to leading this strategic review within the Justice Department, Attorney General Garland will also help to lead access to justice initiatives across government as co-chair of the Legal Aid Interagency Roundtable, which the President reconvened today. That initiative will bring together more than two dozen federal departments and agencies to address the most pressing legal services challenges that low-income communities, communities of color, and many others across our country face today.

Christopher Beckham, 35, of Nashville, Tennessee, pleaded guilty Friday in U.S. District Court to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. Beckham was indicted in April 2018 after an investigation into an incident that occurred on Oct. 24, 2017.

“The defendant confronted two young girls who were walking home from school and violently attacked their father because of how they worship,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “An attack upon the free exercise of any person’s religious beliefs is an attack on that person’s civil rights. The Department of Justice will continue to vigorously prosecute such violent acts motivated by hate.”

“The cowardly and unprovoked attack and display of hate-filled aggression by this defendant toward two innocent young girls and their father is despicable,” said Acting U.S. Attorney Mary Jane Stewart of the Middle District of Tennessee. “I commend the work of the FBI and our prosecutors in bringing this individual to justice.”

“Hate crimes are the highest priority of the FBI’s Civil Rights program due to the devastating impact they have on families and communities,” said Special Agent in Charge Douglas M. Korneski of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people, and we will aggressively pursue those who commit criminal offenses based on bias.”

Beckham admitted that on Oct. 24, 2017, he saw two teenage girls wearing hijabs and yelled, “Allahu Akbar!” and “Go back to your country!”  When the girls’ father arrived to pick up his daughters from the school bus stop to take them home, Beckham attacked the girls’ father by swinging a knife and punching at him. This attack injured the father. When the girls’ mother arrived on the scene with her young child in her car, Beckham, with his knife still drawn, chased after them. After the police took Beckham into custody at the scene, he called the family “terrorists,” made other derogatory comments about the family, and pledged to kill them when the police released him.  Beckham further admitted that he carried out this assault because of the actual and perceived religion and national origin of the victims, namely that he perceived them to be Muslim and of a nationality other than American. 

In September 2019, this case was tried by a jury in U.S. District Court. The trial ended in a hung jury. 

Beckham will be sentenced on Oct. 7, 2021.

This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Sara Beth Myers of the Middle District of Tennessee and Trial Attorney Michael Songer of the Civil Rights Division of the Department of Justice.

The Department of Justice today announced that it reached a settlement with Aerojet Rocketdyne Inc. (Aerojet Rocketdyne), a rocket and missile propulsion manufacturer.

The settlement resolves a charge brought by a lawful permanent resident whom Aerojet Rocketdyne did not consider for a mechanic position because of his immigration status. The department’s investigation concluded that Aerojet Rocketdyne violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it only considered U.S. citizens for 12 mechanic positions in Jupiter, Florida, without legal justification.

“Employers cannot limit positions only to U.S. citizens unless they have a legal requirement to do so,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department's Civil Rights Division. “The department commends Aerojet Rocketdyne for quickly changing its practices when it learned of the issue, and for its cooperation throughout the department’s investigation.”

Aerojet Rocketdyne builds and sells advanced propulsion and energetics systems to customers including the U.S. government and private companies. The department’s investigation determined that Aerojet Rocketdyne did not allow the Charging Party and other non-U.S. citizens to apply for 12 mechanic positions, based on their citizenship status. The investigation also concluded that the company misunderstood its obligations under federal regulations, such as the International Traffic in Arms Regulations (ITAR), by mistakenly believing that they imposed restrictions on the company’s ability to hire non-U.S. citizens, which they do not. The investigation also determined that the company incorrectly believed that some of its government contracts required it to fill the 12 mechanic positions with U.S. citizens. When it learned of the investigation, Aerojet Rocketdyne was forthcoming and quickly changed its practices to avoid future discrimination.

The INA protects U.S. citizens, non-citizen nationals, refugees, asylees, and recent lawful permanent residents from hiring discrimination based on citizenship status. The law has an exception if an employer or recruiter is required to limit jobs due to a law, regulation, executive order, or government contract.

Today’s settlement agreement requires Aerojet Rocketdyne to take several steps to ensure it follows the law, including training its employees who conduct hiring in its Jupiter, Florida location. The company also must pay a $37,008 civil penalty. As with its other settlements, the department will monitor the company to make sure it is complying with the agreement.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing discrimination protections under the INA. The law 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 citizenship status discrimination under the INA here.

Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public also may 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 IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

A former correctional officer with the Rapides Parish Sheriff’s Office (RPSO), Detention Center 1, in Alexandria, Louisiana, was sentenced today in federal court for violating the civil rights of three inmates in his custody.

Cody Richardson, 31, was sentenced by U.S. District Court Judge Dee Drell to 70 months in federal prison for each count, to run concurrently, followed by two years of supervised release. Richardson previously pleaded guilty on May 28, 2020, to three felony counts of using excessive force against pretrial detainees housed at the RPSO facility.

According to court documents and statements made during the hearing, Richardson, while on duty as a correctional officer, tased three different detainees who were restrained and/or not resisting. Specifically, on Jan. 28, 2018, Richardson tased detainee K.F. while K.F. had his hands up, causing him to fall to the ground, then continued to tase K.F. three more times despite the fact that he was not resisting. On Feb. 24, 2018, Richardson drive-stunned detainee S.M. 15-20 times while S.M. was shackled to a bench by his ankles, then, after other officers secured S.M.’s wrists in handcuffs, continued tasing him and kicked him once in the abdomen. Finally, on March 19, 2018, Richardson deployed a taser into detainee J.A.’s back, causing him to fall to the ground, then sat on top of a table in the cellblock and continued to activate the taser four more times while J.A. thrashed on the floor, screaming in pain. 

“These kinds of civil rights violations by correctional officers will not be tolerated,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “By perpetrating these blatant and callous assaults on inmates, Richardson abused the authority granted to him as an officer of the law, undermined public trust in law enforcement, and caused harm to individuals whom he had a responsibility to protect. The Justice Department will continue to vigorously prosecute officers who violate the civil rights of vulnerable inmates in their care, and ensure that such officers are held accountable.”

“Citizens who are detained by law enforcement officers have a right to be treated with fairness and respect,” said Acting U.S. Attorney Alexander C. Van Hook of the Western District of Louisiana. “Those in law enforcement who choose to violate the civil rights of those in their custody and control must suffer the consequences of their actions.”

This case was investigated by the FBI. Trial Attorney Katherine DeVar of the Civil Rights Division and Assistant U.S. Attorney Mary Mudrick of the Western District of Louisiana prosecuted the case.

WASHINGTON - El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Aerojet Rocketdyne, Inc. (Aerojet Rocketdyne), un fabricante de propulsión de misiles y cohetes. El acuerdo resuelve una acusación presentada por un residente permanente legal a quien Aerojet Rocketdyne se negó a considerar para un puesto de mecánico debido a su estatus migratorio. La investigación del Departamento concluyó que Aerojet Rocketdyne vulneró la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al considerar solamente a ciudadanos estadounidenses para 12 puestos de mecánico en Jupiter, Florida, sin contar con el fundamento legal necesario para lo mismo.

«Los empleadores no pueden restringir los puestos a ciudadanos de los EE. UU. al menos que sean requeridos por ley a hacerlo», afirmó la Fiscal General Auxiliar Adjunta Principal Pamela S. Karlan de la División de Derechos Civiles. «El Departamento felicita a Aerojet Rocketdyne por haber cambiado rápidamente sus prácticas al enterarse del problema y por su cooperación durante la investigación del Departamento».

Aerojet Rocketdyne construye y vende sistemas avanzados de propulsión y energética a clientes, entre ellos el gobierno estadounidense y empresas privadas. La investigación del Departamento determinó que Aerojet Rocketdyne no permitió a la Parte Demandante y a otros individuos no ciudadanos de los EE. UU. que solicitaran 12 puestos de mecánico, por motivos de su estatus de ciudadanía. Por otra parte, la investigación concluyó que la compañía malinterpretó las obligaciones que le incumben en virtud de los reglamentos federales, tales como los Reglamentos del Tráfico de Armas Internacionales de los Estados Unidos (ITAR, por sus siglas en inglés), por creer erróneamente que impusieron restricciones en la posibilidad de la compañía de contratar a personas no ciudadanas de los EE. UU., y no es así. La investigación también determinó que la compañía creó equivocadamente que algunos de sus contratos gubernamentales requerían que cubriesen los 12 puestos de mecánico con ciudadanos estadounidenses. Al enterarse de la investigación, Aerojet Rocketdyne fue comunicativo y rápidamente cambió sus prácticas para evitar futura discriminación.

La INA protege a ciudadanos estadounidenses, nacionales no ciudadanos, refugiados, asilados y residentes permanentes legales de la discriminación por motivos de su estatus de ciudadanía. La ley tiene una excepción para empleadores o reclutadores que, en virtud de una ley, regla u orden ejecutiva, están obligadas a restringir los puestos.

El acuerdo de hoy le obliga a Aerojet Rocketdyne a tomar unas medidas para garantizar su cumplimiento con la ley, lo que incluye capacitar a sus empleados de contratación en su sucursal en Jupiter, Florida. Asimismo, la compañía debe pagar una sanción civil que asciende a 37.008 $. Al igual que con otros acuerdos, la IER también supervisará a la compañía para garantizar que esté cumpliendo con el acuerdo.

La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) 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. Aprenda más sobre la discriminación por motivos de estatus de ciudadanía aquí.

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 IER@usdoj.gov; 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.

U.S. Attorney General Merrick B. Garland today directed the establishment of the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance enforcement efforts against COVID-19 related fraud.

“The Department of Justice will use every available federal tool—including criminal, civil, and administrative actions—to combat and prevent COVID-19 related fraud. We look forward to working with our federal government colleagues to bring to justice those who seek to profit unlawfully from the pandemic,” wrote Attorney General Garland in a memo announcing the Task Force.

The federal government responded to the far-reaching economic impacts of the COVID-19 pandemic with critical COVID-19 relief to workers and businesses affected by the pandemic. There has already been extraordinary vigilance, across the federal government, to help ensure that those much-needed public funds make it to Americans who are depending on them to feed their families and keep their businesses open. While it is impossible to keep all those intent on carrying out illegal COVID fraud schemes from doing so, the Department of Justice and its partner agencies have already been working to hold hundreds of bad actors accountable.

The Task Force will augment and incorporate the existing coordination mechanisms within the Department and will continue to work in close coordination with other efforts underway throughout the federal government. It will work closely with the Department’s interagency partners to share information and insights gained from prior enforcement experience, in order to reduce the potential threat to the American people and COVID-19 relief, and will help agencies tasked with administering these significant relief programs increase their fraud prevention efforts by providing any appropriate information law enforcement learns about fraud trends and illicit tactics. Additionally, it will also bolster efforts to investigate and prosecute the most culpable domestic and international criminals, prevent the exploitation of government assistance for personal and financial gain, and recover stolen funds.

Organized and led by the Deputy Attorney General, the Task Force includes several entities within the Department of Justice, including the Criminal and Civil Divisions, the Executive Office for United States Attorneys, and the Federal Bureau of Investigation. Key interagency partners, such as the Department of Labor, the Department of the Treasury, the Department of Homeland Security, the Small Business Administration, the Special Inspector General for Pandemic Relief (SIGPR), the Pandemic Response Accountability Committee (PRAC), and others, have been invited to be part of the Task Force.

The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.

Three Peruvian nationals pleaded guilty to operating a series of call centers in Peru that defrauded Spanish-speaking U.S. residents by threatening, among other things, arrest and deportation.

According to court documents, Omar Cuzcano Marroquin, 32, Jerson Renteria Gonzales, 37, and Evelyng Milla Campuzano, 35, each of Lima, Peru, conspired to commit mail fraud and wire fraud through a series of Peruvian call centers that used fraud and extortion to obtain money from Spanish-speaking individuals in the United States. The defendants and their employees falsely told victims that they were required to accept and pay for English language courses and other educational products. Victims who at first refused to make payments were threatened with serious adverse consequences, including supposed criminal court proceedings, arrest and deportation. Between April 2011 and July 2019, thousands of victims made payments based on calls from their call centers.

“The Department of Justice’s Consumer Protection Branch will steadfastly pursue and prosecute transnational criminals who defraud vulnerable U.S. consumers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department's Civil Division. “Those who impersonate U.S. government officials and use threats to prey on our recent immigrant communities will be brought to justice and held accountable in U.S. courts.” 

All three defendants were arrested on July 2, 2019, by Peruvian authorities based on a U.S. extradition request, and each has remained incarcerated since that time. The defendants were extradited to the Southern District of Florida on Oct. 23, 2020. 

As part of their guilty pleas, the defendants admitted that they managed and operated the Latinos en Accion, Accion Latino, and Bienestar Hispano call centers in Lima, Peru. The defendants admitted that they and their employees in Peru used internet-based telephone calls to contact Spanish-speaking residents of the United States, many of whom were recent immigrants from Central America, Mexico and other Spanish-speaking countries. The callers falsely told the victims they had won raffles for free products, including computer tablets with English language courses. Many consumers expressed interest in receiving the supposedly free products and the chance to improve their English language abilities. In later calls, victims were told they were required to make large payments to receive the products. When victims objected, the callers misrepresented that the victims had unlawfully failed to pay for or receive delivery of products. 

In pleading guilty, the defendants admitted that they and their employees falsely claimed to be lawyers, court officials, federal agents and representatives of a supposed “minor crimes court.” The defendants and their co-conspirators falsely told the victims that they had a contractual obligation to pay for and receive products and had caused legal problems for themselves and others by allegedly failing to do so. The callers also falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment or immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees. Many victims paid because of these baseless threats, and the defendants and their co-conspirators fraudulently collected millions of dollars from thousands of vulnerable victims. 

“With today’s technology, fraudsters can target victims living thousands of miles away as easily as they can target next-door neighbors,” said Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “This office, together with its domestic and international law enforcement partners, will continue to aggressively investigate and prosecute criminals who prey on vulnerable victims within our district, no matter where those criminals are located.” 

“We seek justice for victims by working collaboratively with foreign governments when investigating criminal misuse of the U.S. mail, such as these fraud and extortion schemes,” said Inspector in Charge Joseph Cronin of the U.S. Postal Inspection Service, Miami Division. “The U.S. Postal Inspection Service will continue to aggressively pursue transnational criminal enterprises targeting U.S. consumers.”

Cuzcano, Renteria and Milla each pleaded guilty to conspiracy to commit mail and wire fraud. Cuzcano is scheduled to be sentenced on July 9 and faces a maximum penalty of 20 years in prison. Renteria and Milla are scheduled to be sentenced on Aug. 6 and face a maximum penalty of 20 years in prison. U.S. District Judge Robert N. Scola Jr. will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Two co-defendants in this case are scheduled to go to trial in January 2022.

The U.S. Postal Inspection Service and the Civil Division’s Consumer Protection Branch investigated the case. Trial Attorney Phil Toomajian of the Consumer Protection Branch is prosecuting the case. The Federal Trade Commission, the Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, the Diplomatic Security Service and the Peruvian National Police provided critical assistance. 

For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.